Political Law Reviewer (Sandoval)

THE JUDICIARY JUDICIAL POWER AND POLITICAL QUESTION DOCTRINE
ART. VIII Sec. 1 Par. 1- “The judicial power shall be vested in one Supreme Q. What is JUDICIAL POWER?
Court and in such lower courts as may be established by law” A. JUDICIAL POWER includes the duty of the courts of justice to settle
*The Supreme Court is the only constitutional court. actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse
Q. SB? of discretion amounting to lack or excess of jurisdiction on the part of any
A. No. It is not a constitutional court, although mentioned in the Constitution. branch or instrumentality of the government. (Art. VIII, Sec. 1, Par. 2)
It is only a constitutionally mandated court. - Not found in the 1935 and 1973 Constitution.
*Judicial power is not vested in the Supreme Court alone. It is vested as well - Represents a broadening of judicial power to enable the courts of justice to
in such lower courts as may be established by law. Such lower courts as review what was before forbidden territory.
may be established by law” (BP 129 Judiciary Reorganization Act of 1980)
“DUTY” - the provision uses the word DUTY. The settlement of controversies
*Court of Appeals- referred to as lower collegiate courts and the determination of whether or not there has been grave abuse of
*Regional Trial Courts- courts of general jurisdiction discretion is not merely a power- it is a duty of the courts as well.
*Courts of limited jurisdiction- (1) Metropolitan Trial Courts (2) MTCC -in power, the power holder has discretion to exercise.
[chartered cities] (3) Municipal Trial Courts/ Municipal Circuit Trial Courts -if it was only a power, then the courts has the discretion to
*Sandiganbayan- special court having jurisdiction over public officers; co- exercise it or not.
equal with the Court of Appeals. Since it is a duty, there is no such discretion- the exercise of the
*Court of Tax Appeals- special court having jurisdiction over tax appeals power is obligatory and mandatory upon the courts.
cases. TWO PARTS OF THE DEFINITION
*SHARIAH COURTS- pursuant to Muslim Code; 2 levels: 1. To settle actual controversies involving rights which are legally
(1) Shariah District Court- equivalent to RTC demandable and enforceable. (TRADITIONAL)
(2) Shariah Circuit Court- equivalent to MTC -Very limited definition. Maybe defeated by the political question doctrine.
*QUASI JUDICIAL BODIES - strictly speaking, they are not courts- do not 2. To determine whether or not there has been grave abuse of
form part of the judicial system. discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government. (EXPANDED)
- They are administrative bodies performing quasi-judicial functions. In
Remedial Law, referred to loosely as “special courts”- Doctrine of Primary - Expanded Power of Judicial Review or the Extraordinary Power to
Jurisdiction. Determine Grave Abuse of Discretion as referred to by the Supreme Court.
Political question doctrine has been greatly diminished.
- Part of the executive.
Q. How does the definition of judicial power under the present Constitution
Ex. CSC, SEC, COA, COMELEC affected the political question doctrine?
*Since quasi-judicial bodies are not strictly courts, their jurisdiction is strictly A. The 1987 Constitution expands the concept of judicial review. Under the
construed against them. expanded definition, the Court cannot agree xxx that the issues involved is a
political question beyond the jurisdiction of the court to review. When the
grant of power is qualified, conditional or subject to limitations, the issue of
whether the prescribed qualifications or conditions have been met or the
limitations respected is justiciable – the problem being one of legality or
Political Law Review Notes (Atty. Edwin Sandoval) 1

Prepared by: Atty Joan P. Gamboa
validity, not its wisdom. Moreover, the jurisdiction to delimit constitutional ESTRADA VS. DESIERTO-EDSA 1
boundaries has been given to this court. When political questions are
involved, the Constitution limits the delimitation as to whether or not there *Lawyers League for a Better Philippines vs. Aquino
has been a grave abuse of discretion amounting to lack or excess of *Oliver Lozano filed a petition before the Supreme Court questioning the
jurisdiction on the part of the official whose action is being questioned. legitimacy of the Cory government.
Q. What are political questions? *According to the petition, most of the people who went to EDSA are not
A.-Origin: The principle of separation of powers. really serious in overthrowing the Marcos government. (Most were vendors)
-In turn, this principle is the result of our Presidential System of Government. SC: dismissed the petition.
(In a Parliamentary government, the executive and the legislative branches *No matter, We will no longer inquire into the motives of the people in going
are welded together) to EDSA. The facts were: because of the magnitude of the people who were
in EDSA, Marcos fled to Hawaii, so that the Cory government was able to
-Thus, legislative power is given to Congress; executive power is given to take effective control of the machinery of the State without resistance from
the President and judicial power is given to the Supreme Court- 3 great the people. Furthermore, the international community has recognized the
powers distributed among 3 branches of government. Cory Government. Hence, there can be no more question as to the de jure
status of the said government.
-The legislative and the executive are called POLITICAL BRANCHES of the
government, where policies are formulated, enacted and implemented. *The Aquino government was the result of a successful revolution by the
sovereign people-it was installed through a direct exercise of the power of
-Questions of policy that are formulated by the political branches and thus the Filipino people, in defiance of the provisions of the 1973 Constitution.
cannot be the subject of judicial review. This includes questions involving the The legitimacy of a government sired by a successful revolution by people
wisdom, propriety, efficacy or morality of an act. power is beyond judicial scrutiny; such government automatically orbits out
TAÑADA VS. CUENCO - Classic definition of political question. of the constitutional loop.
POLITICAL QUESTIONS refer to those questions which under the Estrada vs. Desierto
Constitution are to be decided by the people in their sovereign capacity, or in
*Desierto argues that the legitimacy of Arroyo’s assumption to the
regard to which full discretionary authority has been delegated to the presidency is a political question, and invokes the ruling in the Lawyers
legislative or executive branch of the government. League case.
TWO TYPES OF POLITICAL QUESTIONS SC: No. (Justice Reynato S. Puno)
1. Those questions which under the Constitution are to be decided *Arroyo’s government is not revolutionary in character. The oath she took is
by the people in their sovereign capacity. the oath under the 1987 Constitution. Indeed, she has stressed that she is
Ex. Recall under the LGC discharging the powers of the presidency under the authority of the 1987
-A mode of removing a local elective official even before the 3 year Constitution.
term on the ground of loss of trust/confidence.
-There is only one ground for recall-loss of confidence. LEGAL DISTINCTIONS BETWEEN EDSA 1 AND EDSA 2
EVARDONE VS. COMELEC EDSA 1 EDSA 2
Loss of confidence as a ground for recall is a political question. After all, the -Involves the exercise of the people -Involves the exercise of the people
initiation of the recall process is not the recall itself. In the recall election, the power of revolution which power of freedom of speech and
people will decide whether or not they have lost their confidence in the overthrows the whole government. freedom to assemble, to petition the
official concerned. Hence, it is a question which has to be decided by the government for redress of
people in their sovereign capacity in the recall election itself. Not subject to grievances which only affected the
judicial review. -Extra-constitutional and the

legitimacy of the new government Office of the President. CALLING OUT POWER
that resulted from it cannot be the
-Intra-constitutional and the -It is a political question, a question in regard to which full discretionary
subject of judicial review.
resignation of the sitting President authority has been delegated by the Constitution to the President.
that it caused and the succession of
SC: It is the unclouded intent of the Court to grant to the President full
the Vice President as president are
-Presented a political question. discretionary authority. The hands of the President should not be tied;
subject to judicial review.
otherwise, this could be a veritable proscription for disaster. Unless grave
-Involves legal questions. abuse of discretion is shown, the President’s exercise of the power should
not be questioned. Mere abuse of discretion will not suffice. To doubt is to
2. Those in regard to which full discretionary authority has been sustain.
delegated by the Constitution to the executive or legislative branch
of the government. Q. What is the effect of the EXPANDED CONCEPT OF JUDICIAL POWER
on the political question doctrine?
Ex. Calling out power of the President under Article VII, Sec. 18
A. It has lessened the political question doctrine. Thus, even if it is a political
IBP VS. ZAMORA question, if there appears to be abuse of discretion, the Court may review it.
During the time of President Estrada, he issued a LOI ordering the
deployment of Marines in the metropolis to conduct joint visibility patrols with *The burden is upon petitioners- the ones assailing the act.
members of the PNP in various shopping malls. IBP asks that the exercise
*It must be grave abuse of discretion to warrant judicial intervention.
of such power be subjected to judicial review.
SC: No. When the President calls the armed forces to prevent or suppress *Mere abuse of discretion is not enough.
lawless violence, invasion or rebellion, he necessarily exercises a
discretionary power solely vested in his wisdom. This is clear from the intent *To doubt is to sustain the act of the person.
of the framers and from the text of the Constitution. Thus, the Court cannot Q. Why the difference in treatment?
be compelled upon to overrule the President’s wisdom or substitute its own.
However this does not prevent an examination of whether such power was A. Calling out power is the lesser and more benign power while the power to
exercised within permissible constitutional limits or whether it was exercised declare martial law and to suspend the privilege of the writ of habeas corpus
in a manner constituting grave abuse of discretion. are the greater powers which involve direct curtailment of civil liberties
thereby necessitating safeguards of Congress and judicial review of the
3 powers under Art. VII, Sec. 18 Court. (IBP VS. ZAMORA)
1. Calling out power as commander-in-chief of AFP DAVID VS. GMA

2. Declare Martial Law *PGMA exercised the calling out power when she issued GO 5 and PP
3. Suspend the privilege of the writ of habeas corpus. 1017, not the martial law power. The acts taken purportedly to carry out the
issuances were ultra vires, hence, unconstitutional. The exercise of the
*Unlike in the past, the power to declare martial law and to suspend the calling out power does not involve the direct curtailment and suppression of
privilege of the writ of habeas corpus were expressly made subject of judicial civil liberties and individual freedoms. However GO 5 and PP1017 are
review. constitutional. Petitioners failed to counteract the factual bases therefore as
alleged by the Solgen.
*Article VII, Sec. 18, Par 3- “The Supreme Court may review in an
appropriate proceeding filed by any citizen, the sufficiency of the factual Q. Why not the martial law powers?
basis of the proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate its decision within A. There was no case of invasion or rebellion. President will be required to
thirty days from its filing.” submit report to (kulang page ko, sorry...)

Q. What are the THREE IMPORTANT FUNCTIONS OF THE COURT? *On the other hand, INTERNATIONAL COURT OF JUSTICE can render
advisory opinions.
A. 1. Checking
2. Legitimizing Q. Basis?
3. Symbolic
A. 1. Statute of ICJ itself
SYMBOLIC FUNCTION OF THE COURT - It is the duty of the Court to 2. UN Charter
formulate guiding and controlling principles, precepts, doctrines or rules. It
has the symbolic function of educating the bench and the bar on the extent 2 MAIN FUNCTIONS OF THE ICJ:
of protection given by Constitutional guaranties. 1. To resolve contentious cases
Q. What are the requisites for a proper exercise of the power of 2. To render advisory opinions to UN organs
JUDICIAL REVIEW?
MOOT AND ACADEMIC CASES - A moot and academic case is one that
A. The time-tested standards for the exercise of judicial review are: ceases to present a justiciable controversy by virtue of supervening events,
1. The existence of an appropriate case; so that a declaration thereon would be of no practical use or value.
2. An interest personal and substantial by the party raising the constitutional Generally, courts decline jurisdiction over such case or dismiss it on ground
question; of mootness. (David vs. GMA)
3. The plea that the function be exercised at the earliest opportunity; and
4. The necessity that the constitutional question be passed upon in order to *The moot and academic principle is not a magical formula that can
decide the case. automatically dissuade the courts in resolving a case. Courts will decide
cases, otherwise moot and academic, if:
A. THE MEANING OF ACTUAL CASE OR CONTROVERSY
1. There is a grave violation of the Constitution;
-It means an existing case or controversy which is both ripe for resolution 2. The exceptional character of the situation and the paramount public
and susceptible of judicial determination and that which is not conjectural or interest involved;
clarificatory, or that which seeks to resolve hypothetical or feigned 3. When constitutional issue raised requires formulation of controlling
constitutional problems. (IBP VS. ZAMORA) principles to guide the bench, the bar, and the public; and
*There must also be a conflict of rights-opposing views or contentions-if not, 4. The case is capable of repetition yet evading review. (David vs.
the Court would be resolving issues that remain unfocused because they GMA)
lack concreteness.
B. PROPER PARTY REQUIREMENT
*The controversy must also be justiciable-meaning susceptible of judicial
determination. Q. What is the meaning of locus standi?
Q. May courts render advisory opinions? A. LEGAL STANDING or LOCUS STANDI has been defined as a personal
and substantial interest in the case, such that a party has sustained or will
A. No, courts can only decide actual controversies, not hypothetical sustain direct injury as a result of the governmental act that is being
questions or cases. challenged.
-There must be an actual case or controversy to be resolved. The term INTEREST means a material interest, an interest in issue
-The definition of judicial power under Art. VIII is clear. The evil sought to be affected by the decree, as distinguished from mere interest in the question
avoided is the possible violation of due process. It is also repugnant to the involved, or a mere incidental interest.
Principle of Separation of Powers. If a case is bought involving the same *The gist of the question of standing is whether a party alleges such
issue, the court might be forced to follow. personal stake in the outcome of the controversy as to assure that concrete
adverseness which sharpens the presentation of issues upon which the

court depends for illumination of difficult constitutional questions. (IBP vs. earliest opportunity to raise a constitutional issue is to raise it in the
Zamora) pleadings before a competent court that can resolve it, such that if not raised
in the pleadings, it cannot be raised on appeal. Here, Matibag questioned
IBP VS. ZAMORA the legality of said appointments when she filed her petition before the
IBP has no locus standi. The mere invocation of its duty to preserve the rule Supreme Court, which is the earliest opportunity for pleading the
of law is a too general interest. It has not shown any injury it has suffered nor
constitutional issue before a competent body.
will suffer by virtue of the act complained of. The presumed injury is not
personal, too vague, highly speculative and uncertain to confer locus standi. D. THE CONSTITUTIONAL QUESTION MUST BE THE VERY LIS MOTA
However, IBP has advanced constitutional issues which deserve attention of OF THE ENTIRE CONTROVERSY
this court, in view of their seriousness, novelty and weight as precedents.
*The constitutional question must be the main issue of the controversy.
TAXPAYER’S SUIT *There is no way that the Court may resolve the entire case, unless it first
To constitute a taxpayer’s suit, two requisites must be met, namely: resolves the constitutional question raised.
1. That public funds are disbursed by a political subdivision or
instrumentality and in doing so, a law is violated or some irregularity AMENDMENTS OR REVISIONS (ARTICLE XVII)
is committed; and 3 ESSENTIAL ELEMENTS OF A GOOD WRITTEN CONSTITUTION:
2. That the petitioner is directly affected by the alleged ultra vires act.
1. Constitution of Government: Articles VI, VII, VIII, IX, X
KILOSBAYAN VS. MORATO
2. Constitution of Liberty: Article III (Bill of Rights)
*Kilosbayan filed 2 petitions as a taxpayer.
SC: Taxpayer suit does not lie because the issue does not involve the 3. Constitution of Sovereignty: Article XVII (Amendatory Process)
disbursement of public funds. Rather, what is involved was the interpretation
of the charter of the PCSO. AMENDMENT REVISION
-refers to a change that adds, -implies a change that alters a basic
C. THE CONSTITUTIONAL QUESTION MUST BE RAISED AT THE reduces or deletes without altering principle in the Constitution.
EARLIEST OPPORTUNE TIME the basic principle involved.
-if the change alters the substantial
It is not the date of the filing of the petition that determines whether the entirety of the constitution, as when
constitutional issue was raised at the earliest opportunity. The earliest the changes affect substantial
opportunity to raise a constitutional issue is to raise it in the pleadings before provisions of the constitution.
a competent court that can resolve the same, such that, “if it is not raised in
-affects only the specific provision -affects several provisions in the
the pleadings, it cannot be considered at the trial, and if not considered at
being amended. constitution.
the trial, it cannot be considered on appeal. (Matibag vs. Benipayo)
-isolated or piecemeal changes in the -overhaul of the whole Constitution.
- However in criminal cases, the accused may raise the constitutional
Constitution.
question even for the first time on appeal. This is because criminal cases
Ex. Altering the principle of
involve the basic rights of the accused to life and liberty. Ex. Lowering of the voting age. separation of powers or the system
MATIBAG VS. BENIPAYO of checks and balances.
*Matibag questioned the legality of the appointments of Benipayo, Borra and
Tuason on 03 August 2001, when their first appointments were issued on 22
TWO PART TEST
April 2001. Thus, it is argued that the constitutional question was not raised
on the earliest possible opportunity. 1. QUANTITATIVE TEST: asks whether the proposed change is so
extensive in its provisions as to change directly the substantial
SC: No. It is not the date of the filing that determines whether the
entirety of the Constitution by the deletion or alteration of numerous
constitutional question was raised at the earliest possible opportunity. The

existing provisions. The court examines only the number of a. Congress directly calls a CONCON by 2/3 vote of all its members.
provisions affected and does not consider the degree of change.
b. The issue of calling a CONCON may be submitted to the people in
2. QUALITATIVE TEST: inquires into the qualitative effects of the a plebiscite by majority vote of all members of Congress.
proposed change in the Constitution. The main inquiry is whether
the change will accomplish such far reaching changes in the nature 3. People’s initiative on the Constitution (RA 6735)
of our basic governmental plan as to amount to a revision. Whether Article XVII, Sec. 2- “Amendments to this Constitution may likewise be
there is an alteration in the structure of government is a proper directly proposed by the people through initiative upon a petition of at
subject of inquiry. least 12 percentum of the total number of registered voters, of which
*A change in the nature of the basic governmental plan includes every legislative district must be represented by at least 3 percentum of
changes in its fundamental framework or the fundamental powers of its the registered voters therein. No amendment under this section shall be
branches. A change in the nature of the basic governmental plan also authorized within 5 years, following the ratification of this Constitution or
includes changes that “jeopardize the traditional form of government oftener than every 5 years thereafter.
and the system of checks and balances”. (Lambino vs. COMELEC) The Congress shall provide for the implementation of the exercise
of this right”.
*LAMBINO VS. COMELEC
-Under both the quantitative and qualitative tests, the Lambino group’s *This applies only to amendments not revisions.
initiative is a revision, not merely an amendment. QUANTITATIVELY, the *REQ: A petition signed by at least 12% of the total number of
Lambino group’s proposed changes overhaul two Articles-Article VI of the registered voters therein of which every legislative district must be
Legislature and Article VII on the Executive-affecting a total of 105 represented by at least 3% of registered voters therein.
provisions in the entire Constitution. QUALITATIVELY, the proposed
changes alter substantially the basic plan of government from presidential to Q. Is the provision on people’s initiative (Art XVII, Sec. 2) self
parliamentary and from a bicameral to unilateral legislature. executing?
STAGES IN THE AMENDATORY PROCESS A. No. Note the second sentence says- “The Congress shall provide
for the implementation of the exercise of this right.” Thus Congress
1. Proposal should enact a law implementing this provision.
2. Ratification
Q. Has Congress enacted such law?
MODES OF PROPOSING AMENDMENTS OR REVISIONS A. Yes. Congress enacted a law RA 6735: Initiative and Referendum
Act.
1. Congress acting as constituent assembly
3 SYSTEMS OF INITIATIVE:
-One of the non-legislative powers of Congress
-Congress meets in order to directly propose amendments or revisions 1. Initiative on the Constitution
-Requires ¾ vote of all its members 2. Initiative on Statutes
3. Initiative on Local Legislation
2. Constitutional convention SANTIAGO VS. COMELEC (re: Initiative on the Constitution)
-a separate body the members of which are elected *The right of the people to directly propose amendments to the Constitution
through the system of initiative would remain entombed in the cold niche of
Article XVII Sec. 3- “The Congress may, by a vote of 2/3 of all its the Constitution until Congress provides for its implementation.
Members, call a constitutional convention, or by a majority vote of all its
Members, submit to the electorate the calling of such convention” *RA 6735 miserably failed to satisfy the requirements in subordinate
legislation in so far as initiative to propose amendments to the Constitution is
2 ways: concerned.

*If Congress intended to fully provide for the implementation of the initiative Q. Ethical basis?
on amendments to the Constitution, it could have provided for a subtitle
therefore, considering that in the order of things, the primacy of interest, or A. “There can be no legal right against the authority which makes the law on
hierarchy of values, the right of the people to directly propose amendments which the right depends”. (Justice Holmes)
to the Constitution is far more important than the initiative on national and Q. Does the Doctrine of State Immunity form Suit apply also to foreign
local laws. agreements?
*SC declared RA 6735 inadequate to cover the system of initiative on A. Yes. We are bound by the DOCTRINE OF SOVEREIGN EQUALITY. All
amendments to the Constitution and have failed to provide a sufficient states are sovereign equals. An equal may not assume jurisdiction over
standard for subordinate legislation (there is undue delegation of power to another equal. Otherwise it will unduly vex the peace of nations. This is
Comelec). To this extent, RA 6735 is unconstitutional. another generally accepted principle of international law as expressed in the
*Article XVII, Sec. 2 remains non self executing. Latin maxim par in parem non habet imperium.
*People’s Initiative on the Constitution is limited only to proposing Q. Can you sue the State?
amendments not revisions. A. A State may not be sued without its consent. Hence, you can actually sue
the State, for as long as the State gives its consent.
RATIFICATION
*Any proposed change must be submitted to the people in a plebiscite not a Q. How does a State waive its immunity from suit?
referendum. A. Either EXPRESSLY or IMPLIEDLY.
*Article XVII, Sec. 4- “Any amendment to or revision of this Constitution EXPRESSLY: Through the enactment by Congress of a general law or
under Sec. 1 hereof (Con Ass) shall be valid when ratified by a majority of special law.
the votes cast in a plebiscite which shall be held not earlier than 60 days not
later than 90 days after the approval of such amendment or revision. Q. May the Solgen validly waive immunity from suit?
“Any amendment under Sec. 2 hereof (Con Com) shall be valid when ratified A. No. A mere lawyer of the government cannot validly waive immunity from
by a majority of the votes cast in a plebiscite which shall be held not earlier suit. Only the Congress can. (Republic vs. Purisima)
than 60 days nor later than 90 days after the certification by the Comelec of *Waiver of immunity constitutes a derogation of sovereignty. Hence, it is
the sufficiency of the petition”. always construed strictly or strictissimi juris.
CHA-CHA NOT ALLOWED 1. GENERAL LAW
*Article XVII, Sec. 2 remains to be non self executing. The implementing law Ex. Act No. 3083- applies to any money claims arising from contracts with
was declared unconstitutional. (Santiago vs. Comelec) the government whether express or implied.
*People’s initiative is limited only to amendments. -must be correlated with COMMONWEALTH ACT 387 as amended by PD
1445 or the GENERAL AUDITING LAW- any money claim arising from
contract with the government whether expressed or implied must first be
DOCTRINE OF STATE IMMUNITY FROM SUIT presented to COA and only when COA refuses payment that a party can
Article XVI, Sec. 3- “The State may not be sued without its consent.” sue.
Q. What if the Constitution does not provide for state immunity? Q. Where?
A. Through the DOCTRINE OF INCORPORATION (Article II, Sec. 2), the A. SC. Decisions of COA are reviewable by SC via petition for certiorari.
Philippines have adopted the generally accepted principles of international (DAR vs. NLRC, J. Vitug)
law as part of the law of the land. State immunity from suit is a generally
accepted principle of international law. Hence we are bound by it.

Q. A contract was entered into with DPWH for the construction of roads. Ex. Government sued A and A filed an answer with a counterclaim. The
When the roads were finished, the contractor was not paid. Contractor sued government cannot ask for the dismissal of the counterclaim on the
the government before the RTC. Will the suit prosper? ground of state immunity from suit. Otherwise, it would be the height of
injustice.
A. No. It will be dismissed for lack of cause of action. He failed to exhaust all
administrative remedies provided for by law under CA 327 as amended by 2. When the State enters into a contract with private party.
PD 1445.
*Here, the government is deemed to have gone down into the level of a
2. SPECIAL LAWS private entity; there is parity now with the contracting parties; therefore,
it is deemed to have waived its immunity from suit.
Ex. Article 2180, NCC- “The State is responsible xxx when it acts though a
special agent xxx.” *This rule used to be absolute. (US vs. Lyons)
Ex. Article 2189, NCC- “Provinces, cities and municipalities shall be liable for *However, this rule is no longer absolute-
damages for the death of, or injuries suffered by any person by reason of the
defective condition of roads, streets, bridges, public buildings, and other US VS. RUIZ
public works under their control or supervision. *This involved the construction of wharves in Subic Bay at the time
Subic was still under the US pursuant to a treaty. Contractor was not
TEOTICO VS. CITY OF MANILA
paid so he sued the Subic Naval Authorities. Subic Naval Authorities
*City of Manila contends that it cannot be held liable under its charter. moved to dismiss invoking State Immunity from Suit. On the other hand,
the contractor contends that the State entered into a contract (relying on
*SC held that the provision in the charter is a general provision in a special the old rule).
law. On the other hand, Article 2189 is a special provision found in a general
law. A special provision found in a general law prevails over the general SC: The traditional rule of immunity exempts a state from being sued in
provision found in the charter of the City of Manila. City of Manila is liable. courts of another state without its consent or waiver. This rule is a
necessary consequence of the principle of independence and equality
KILATKO VS. CITY OF DAGUPAN of states. However, rules of international law are not petrified; they are
*City of Dagupan contended that the manhole is found in the national road. constantly developing and evolving. And because the activities of the
states have multiplied, it has been necessary to distinguish them
*SC held that the ownership of the road is immaterial. Even if it is a national between sovereign and governmental acts (jure imperii) and private,
road, the LGU is liable. Article 2189 merely requires supervision over the commercial and proprietary acts (jure gestionis). The result is that state
maintenance of the national road. City of Dagupan has supervision. Hence, immunity now extends only to acts jure imperii. The restrictive
liable. application of state immunity is now the rule in the US, UK and other
Ex. Sec. 24, Local Government Code- “Liability for Damages- Local states in Western Europe.
government units and their officials are not exempt from liability for death or *A state may be said to have descended to the level of an individual and
injury to persons or damage to property.” thus deemed to have tacitly given its consent to be sued only when it
Ex. Charters of GOCC- GSIS, DBP, LBP enters into business contracts.
*Charter-special law creating GOCC *The purpose of the wharves is the defense of US troops and of the
Philippines. Defense of the state is of the highest order and hence, is
*The provision in the charter on whether it may sue or be sued is an express jure imperii.
waiver by special law.
*Case was dismissed because there was no waiver.
IMPLIEDLY-2 ways:
*Not all contracts are deemed to be a waiver of state immunity; must
1. When the State itself commences litigation, thereby opening itself distinguish between:
to counterclaim.

ACTA JURE IMPERII: contracts entered into by the government in its SUABILITY VS. LIABILITY
sovereign capacity; no waiver of state immunity from suit.
*The circumstance that a state is suable does not necessarily mean that it is
ACTA JURE GESTIONIS: contracts entered into by the government in liable. A state can never be held liable if it does not first consent to be sued.
its commercial and proprietary capacity; there is waiver of state SUABILITY is just a matter of a state giving its consent to be sued.
immunity from suit. (Restrictive Doctrine of State Immunity from Suit) LIABILITY is a matter of applicable law and circumstance of the case.
Liability is not conceded by the mere fact that the state has allowed itself to
Q. In the Ruiz case, can the contractor invoke Act No. 3083? be sued. When the state does waive its sovereign immunity, it is only giving
A. No. Because Act No. 3083 waives the immunity of the Philippine the plaintiff the chance to prove, if it can, that the defendant is liable.
government only; not of other governments. *Waiver merely gives the claimant the opportunity to prove that the state is
Q. What is the remedy of the contractor? liable.
A. Under international law, he will have to convince his state through the MUNICIPALITY OF SAN FERNANDO LA UNION VS. JUDGE FIRME
assistance of the Department of Foreign Affairs to take his case up with the San Fernando owned a dump truck being driven by its official driver, while
other state. hauling gravel, it collided with a jeep, killing the latter’s passenger. The heirs
Q. Raintree contracted with the Armed Forces of the Philippines for the sued the municipality for damages. The municipality moved to dismiss on
supply of ponchos to be used by the soldiers. Raintree was not paid. Can the ground of immunity of state from suit. Without resolving the motion,
Raintree sue? Judge Firme proceeded to resolve the case and held the municipality liable
since its charter expressly provides that it may sue and be sued.
A. Yes, under Act No. 3083. This is a money claim arising from contract.
There is no need to invoke implied waiver, since there is already an express SC: Suability is not the same as liability. Municipality can invoke defenses-
waiver. that at the time the accident happened, it was engaged in the performance
of governmental function (repair of municipal roads). This is a case of
US VS. GUINTO DAMNUM ABSQUE INJURIA (Damage without injury).
A Filipino cook in a restaurant inside Camp John Hay poured urine into the Q. What if the dump truck was then hauling lumber for the repair of a public
soup stock used in cooking the vegetables served to the customers. He was market instead of gravel for the repair of municipal road?
dismissed. He filed a complaint for damages against the US Air Force
Recreation Center at Camp John Hay who operates the restaurant. The A. The operation of a public market is a proprietary function. It is classified
latter invoked the Doctrine of Immunity from Suit and moved to dismiss. as a business enterprise of the local government. Hence, the municipal
government would then be in the performance of a proprietary function. As
SC: The restaurant services offered partake of the nature of a business such, it would not be a valid defense to liability.
enterprise undertaken by the US government in its proprietary capacity.
Such services are not extended to the American servicemen for free as a TORIO VS. FONTANILLA
perquisite of membership in the Armed Forces of the US. Neither does it *The holding of a town fiesta even if the purpose is to commemorate a
appear that they are exclusively offered to these servicemen; on the
religious or historical event of the town is in essence an act for the special
contrary, it is well known that they are available to the general public as well, benefit of the community and not for the general welfare of the public
including the tourists in Baguio City, many of whom make it a point to visit performed in pursuance of a policy of the state. xxx It is a proprietary activity.
John Hay for this reason. All persons availing themselves of this facility pay Thus, the municipality may be held liable.
for the privilege like all other customers in ordinary restaurants. Although the
prices are concededly reasonable and relatively low, such services are EXECUTION OF JUDGEMENT
undoubtedly operated for profit as a commercial and not a governmental
activity. Q. Assume that you are allowed by the State to sue. After trial, judgement
was rendered in your favor, holding the State liable. Judgement thereafter
*The case was remanded to the Labor arbiter. There is waiver of immunity. attained finality. Can you garnish or levy government funds to execute the
judgement?

A. No. It will paralyze the operations of the government. Waiver extends only *The official was charged in his official capacity in the performance of official
up to the rendition of judgement. Execution requires another waiver. The duties. In this case, the official was acting only as an agent of the State.
disbursement of public funds requires an appropriate appropriation law.
*However, this rule does not apply if:
Q. Remedy?
(1) Acts were unlawful or illegal;
A. To make representation with the proper legislative authority for the
(2) Acts were done in a personal capacity
enactment of an appropriation law necessary to satisfy the judgement.
Q. What if the legislative authority refuses to enact the law? REPUBLIC VS. SANDOVAL
A. Go to the courts and ask for MANDAMUS to compel the legislative *This case does not qualify as a suit against the State. xxx While the
authority to enact the required law. True, the duty to appropriate is Republic in this case is sued by name, the ultimate liability does not pertain
discretionary. The exception however, as in this case, is when there is to the government. Although the military officers and personnel were
already a money judgement against the government, the discretionary duty discharging their official functions when the incident occurred, their functions
becomes ministerial. The state must be the first to respect and obey the ceased to be official the moment they exceeded their authority. Based on the
decisions of the Courts. (Municipality of Makati vs. IAC) commission findings, there was lack of justification by the government forces
in the use of firearms. Moreover, the members of the police and military
SUITS AGAINST GOVERNMENT AGENCIES AND INSTRUMENTALITIES crowd dispersal units committed a prohibited act under BP 180 as there was
unnecessary firing by them in dispersing the marchers.
Distinguish:
EXCEPTIONAL CASES: The doctrine of State Immunity from Suit cannot
1. INCORPORATED AGENCIES: These are agencies with separate serve as an instance to perpetuate injustice on a citizen.
charters creating them.
*However, this should not be invoked indiscriminately because the
- They have personality separate and distinct from the Philippine circumstances obtaining in the following cases are peculiar.
government.
AMIGABLE VS. CUENCA
- The test of suability will depend whether or not its charter allows it
to sue and be sued. *Amigable owned a lot in Cebu City. There is no annotation in favor of the
government in the TCT. Then without prior appropriation or negotiated sale,
Ex. SSS, GSIS, PCSO, Phil. Postal Corporation the government used a portion of the said lot for the construction of roads.
2. UNINCORPORATED AGENCIES: These agencies have no charter. Amigable then filed a complaint against the Republic, and Cuenca, in the
latter’s capacity as Commissioner of Public Highways.
- They do not have separate personality. A suit against them is really
a suit against the government. Test of suability depends upon SC: Where the government takes away property from a private landowner
whether or not it is performing a governmental or proprietary for public use without going through the legal process of expropriation or
function. negotiated sale. The aggrieved party may properly maintain a suit against
the government without thereby violating the doctrine of governmental
SUIT AGAINST PUBLIC OFFICIALS immunity from suit without its consent.
Q. When do you consider a suit against public officials as a suit against the REASON-MINISTERIO VS. CFI OF CEBU
state itself?
*The doctrine of governmental immunity from suit cannot serve as an
A. The suit must be regarded as one against the State where the satisfaction instrument of perpetration of injustice on a citizen. Had the government
of judgement against the public official concerned will require the State itself followed the procedure indicated by the governing law (Rule 87) at the time,
to perform a positive act such as appropriation of the amount necessary to a complaint would not have been filed by it and only upon payment of
pay the damages awarded to the plaintiff. (LANSANG VS. GARCIA) compensation fixed by the judgement or after tender of the party entitled to
such payment of the amount fixed. May it “have the right to enter in and

upon the land so condemned, to appropriate the same to the public use SC: Rosalind is a Filipino citizen. (1) Her father is a Filipino- Her father is a
defined in the judgement.” Spanish subject. In 1898, when the Spanish ceded the Philippines to the US,
under the Jones Law and the Philippine Bill of 01 July 1902, all inhabitants of
*Actually, in Amigable and Ministerio cases there is an implied waiver. This the Philippines who were Spanish subjects are deemed to be Philippine
implied waiver lies in the failure to commence the proper action. The action citizens. [This is the first time that there came to be Filipino citizens. It was
filed by the petitioners amount to a counterclaim, had the government fled
an “en masse citizenship” because of a change of sovereignty].
the proper action. It only became a petition because the government did not
follow the legal procedure. (2) Rosalind is a Filipino- Philippine law on citizenship adheres to the
principle of jus sanguinis, where a child follows the nationality of the parents
CITIZENSHIP regardless of the place of his/her birth. Hence, Rosalind’s father is a Filipino,
(ARTICLE IV, 1987 CONSTITUTION) she is a Filipina. Her being born in Australia is not tantamount to her losing
her Philippine citizenship. Even if Australia follows jus soli, it only results to
The following are the citizens of the Philippines (Sec. 1) her possessing dual citizenship.
1. Those who are citizens of the Philippines at the time of the adoption (3) Effect of holding an Australian passport- mere holding of an Australian
of the 1987 Constitution. passport does not mean renunciation of Philippine citizenship. In order to
2. Those whose fathers or mothers are citizens of the Philippines. lose Philippine citizenship by renunciation, such renunciation must be
express—the person renouncing must perform a positive act. (See Mercado
3. Those born before 17 January 1973, of Filipino mothers, who elect vs. Manzano and Aznar vs. Comelec)
Philippine citizenship upon reaching the age of majority
3. Those born before 17 January 1973, of Filipino mothers, who elect
4. Those who are naturalized in accordance with law Philippine citizenship upon reaching the age of majority
1. Those who are citizens of the Philippines at the time of the adoption 3 Requisites for the application of this provision:
of the 1987 Constitution.
(1) They were born before 17 Jan. 1973.
Q. When was the 1987 Constitution adopted? (2) Their mother is a Filipino.
A. 02 Feb. 1987- at the time of the plebiscite (3) They elect Philippine citizenship upon reaching the age of
*Not 11 Feb. 1987=When Pres. Aquino declared its ratification. majority.
History of the provision:
2. Those whose fathers or mothers are citizens of the Philippines.
- Under the 1935 Constitution, legitimate minor children follow the
* Note that the provision says “OR”- not “and.” This means that as long as 1 citizenship of their father. Thus one with an alien father and a
of your parents is a Filipino, you are a Filipino. Filipina, mother, would, during minority, be an alien. Hence, he is
given, upon reaching the age of majority, the option to elect.
*This is in accordance with our adherence to the principle of jus sanguinis.
- Note that this is the reason why the provision applies only to those
*This results in complications when the country where you are born applies
born of “Filipino mothers”.
the principle of jus soli.
- One with a Filipino-father and an alien mother would still be a
*Complications arise with respect to the matter of dual allegiance. (See Sec.
Filipino, since he follows his father’s citizenship.
5)
*These are Natural-Born Citizens (See Sec. 2)
VALLES VS. COMELEC (337 SCRA 543, 09 Aug. 2000)
Q: When Should Election Be Made
*Rosalind Lopez was born in 1934, in Australia to a Filipino-father, who was
born in 1879, and an Australian-mother. When she came to the Philippines, A: “Reasonable Time from Reaching Age of Majority”—RE: Application for
she was holding an Australian passport and was registered as an alien in the Admission to the Philippine Bar, Vicente D. Ching (Bar Matter No. 914, 01
BID. Then, Rosalind ran for governor. Oct.1999)

*Ching was born in 1964, of Chinese father and Filipina mother. Ching now BENGSON III VS. HRET (GR 142840, 07 May 2001)
seeks to elect Philippine citizenship so he can be admitted to the Philippine
Bar. Cruz lost his Philippine citizenship when he rendered service in the US
Armed Forces, but re-acquired it through repatriation under RA 2630. He
SC: The 1935 Constitution only states that Philippine citizenship should be then ran, and won, as Congressman. His qualification was questioned on the
chosen upon age of majority. CA 625 states the child should be given a ground that he is not a natural-born citizen.
reasonable time to elect Philippine citizenship. This reasonable time has
been construed to be 3 years upon reaching the age of majority. SC: He is a natural-born citizen. (1) Effect of Repatriation—Repatriation
results in the recovery of the original nationality. Thus, a naturalized Filipino
Here, Ching seeks to elect only 14 years after reaching the age who lost his citizenship will be restored to his prior status as a naturalized
majority. This is way beyond the contemplated period for electing Philippine Filipino. On the other hand, if he was originally a natural-born citizen before
citizenship. One who is privileged to elect Philippine citizenship has only an he lost his citizenship, he will be restored to this former status as a natural-
inchoate right to such citizenship—as such, he should avail of the right with born Filipino.
fervor, enthusiasm and promptitude.
(2) Kinds of Citizens under the Constitution—There are only 2 classes of
4. Those who are naturalized in accordance with law citizens under the Constitution—(a) natural-born and (b) naturalized in
accordance with law. A citizen who is not a naturalized Filipino—one who
TECSON VS. COMELEC did not undergo the process of naturalization—is a natural-born Filipino.
*FPJ was born in 1939, of a Filipino father and an American mother. His Noteworthy is the absence in the enumeration of a separate category for
parents got married only in 1940. persons who, after losing Philippine citizenship, subsequently reacquires it.
This is because such whether such persons are natural-born or naturalized
SC: FPJ is an illegitimate child because his parents got married only after his depends on the reasons for the loss of their citizenship and the mode
birth. However, the 1935 Constitution states that “those whose fathers are prescribed by the applicable law for the reacquisition thereof.
citizens of the Philippines” acquire Philippine citizenship. Thus, it did not
distinguish whether the child is legitimate or illegitimate. Marriage to foreigners—Art. IV, Sec. 4
The rule is different when it is the mother who is a Filipino. Here, if *”Citizens of the Philippines who marry aliens shall retain their citizenship,
the child is legitimate—he can elect Philippine citizenship upon reaching the unless by their act or omission they are deemed, under the law, to have
age of majority. If he is illegitimate, he will follow the mother’s citizenship. renounced it.”
The reason for this rule is to ensure Filipino nationality of the child so as not *History of the provision:
to prejudice. Normally, since he is illegitimate, the mother would have
custody and have parental authority. -This provision was carried over from the 1973 Constitution. In the 1935
Constitution, there is no similar provision. Thus, women were prejudiced—
*Natural-Born Citizens (Sec. 2) when they marry a foreigner, they lose their Filipino citizenship.
2 Kinds of Natural-Born Citizens: Ex. Biel vs. Director of Public Schools
1. Those who are citizens of the Philippines from birth without having to
-A public School teacher was removed from her position because she
perform any act to acquire or perfect their Philippine citizenship. married her Chinese lover.
2. Those who elect Philippine citizenship in accordance with par (3), Sec. 1 -However, if the woman just maintains a live-in relationship with a foreigner,
- In this case, the person has to perform an act to perfect his Philippine she does not lose her Philippine citizenship—there is no marriage.
citizenship. -Thus, they are better situated than those who contracted marriage with
st foreigners.--> Absurd!
-Thus, this constitutes an exception to the 1 kind of Natural-Born Citizens.

*In relation to Sec. 1 (3) (3.) Service in the US Armed Forces (RA 2630) *See Bengzon III
vs. HRET
-Under the 1935 Constitution, the children of a Filipina-mother and an alien- (4.) Marriage of Filipino woman to an alien, political or economic necessity
father who had a common law relationship are Philippine citizens. (RA 8171)
-No need to elect.
Q. Why? Naturalization vs. Repatriation
A. Being illegitimate children, they follow the citizenship of their Naturalization Repatriation
mothers, who remain to be Filipinos since they are not married to aliens.
1. As to Nature -A mode of acquisition and -A mode of re-acquisition
-This is another absurdity. reacquisition of Philippine of Philippine citizenship.
citizenship.
Thus:
*As a mode of acquisition-
1. In 1970, Filipina married a foreigner CA 473 governs
-Filipina loses Philippine citizenship. *As a mode of re-
-The 1935 Constitution had no provision similar to Art. IV, Sec. 4 acquisition- CA 63 governs.
2. As to process
2. In 1975, Filipina married a foreigner -Very cumbersome and -Simpler process
tedious.
-Filipina retains Philippine citizenship.
-The 1973 Constitution had a provision similar to Art. IV, Sec. 4.
3. Direct Act of Congress
Modes to Acquire Philippine Citizenship:
*Dual Allegiance—Art. IV, Sec. 5
1. Birth
*”Dual allegiance of citizens is inimical to the national interest and shall be
2. Naturalization dealt with in accordance with law.”
Loss and Re-Acquisition of Philippine Citizenship Q. Is this provision self executing?
-Art. IV, Sec. 3—“Philippine citizenship may be lost or reacquired in the A. No. It says “shall be dealt with by law”. It means a future law.
manner provided by law”.
Q. Is there now a law that prohibits dual allegiance?
Ways by which Philippine Citizenship may be Re-Acquired:
Naturalization, Repatriation, and by Direct Act of Congress A. Yes. RA 7160, Sec. 40 (d) (Local Government Code)
1. Naturalization “The following are disqualified from running for any elective local position:
2. Repatriation xxx
*Process is simple—requires only: (d) Those with dual citizenship” (See Mercado vs. Manzano)
1. Take oath of allegiance MERCADO VS. MANZANO (307 SCRA 630, 26 May 1999)
2. Registration with the Civil Registry
*Available when the loss of citizenship is due to: *Edu Manzano was born in the US, of Filipino parents. In 1998 he ran for
vice-mayor of Makati. His qualification was challenged. Note that RA 7160,
(1.) Desertion of the Armed Forces (CA 63) Sec. 40 (d) disqualifies those with dual citizenship from running for local
(2.) Service in the Armed Forces of Allied Forces during WW 2 (RA elective office.
965)

SC: He is qualified to run. (1) Manzano has dual citizenship—since his Effect of Re-Acquisition on Civil and Political Rights- the following
parents are Filipinos, he is a Filipino; since he was born in the US, he is also rights can be exercised, subject to certain conditions:
a US citizen. Thus, he has dual citizenship.
1. Right to vote- RA 9225 Sec. 5 (1) - must meet requirements of Sec. 1,
(2) Dual Allegiance is Prohibited, Not Dual Citizenship—what is prohibited by Art. V and of RA 9189 (Overseas Absentee Voting Act of 2003)
the Constitution is dual allegiance, not dual citizenship. The concern of the
2. Elective Public Office – RA 9225 Sec. 5 (2) – must renounce foreign
Constitutional Commission was not with dual citizens per se, but with
naturalized citizens who maintain their allegiance to their countries of origin citizenship before any public officer authorized to administer oath.
even after their naturalization. Hence, the phrase “dual citizenship” in RA -Done at the time of the filing of the certificate of candidacy.
7160, Sec. 40 (d) must be understood as referring to “dual allegiance”.
Hence, persons with mere dual citizenship do not fall under the -Thus, he will lose his dual citizenship- will have just 1 citizenship.
disqualification. 3. Appointive Public Office – RA 9225 Sec. 5 (3) – must also renounce.
Situations Where Dual Citizenship Arises: 4. Practice of Profession – subject to guidelines of proper regulatory
a. Those born of Filipino fathers and/or mothers in foreign countries agency.
which follow the principle of jus soli. nd
- Art. 12, Sec. 14, 2 par., 1987 Constitution- “The practice of all professions
b. Those born in the Philippines of Filipino mothers and alien fathers, if in the Philippines shall be limited to Filipino citizens, save in cases
by the laws of their father’s country, such children are citizens of that prescribed by law.”
country. Q. X was born in the USA on Jan. 10, 1973, of a Filipino mother and
c. Those who marry aliens if by the laws of the latter’s country the American father. He studied and worked in the Philippines. Can he run for
former are considered citizens, unless by their act or omission they are Mayor?
deemed to have renounced their Philippine citizenship. A. (1) Under the 1935 Constitution, which was governing at the time of X’s
Dual Allegiance vs. Dual Citizenship birth, he should elect Philippine citizenship upon reaching the age of
majority.
Dual Allegiance Dual Citizenship
(2) Under RA 9225, he is also a dual citizen—hence, he should first
1. As to how it results -A situation where a -Arises when, due to renounce his American citizenship.
person simultaneously the concurrent
owes, by some positive application of the *Res Judicata in Citizenship Cases
act, loyalty to 2 or more different laws of 2 or GR: No res judicata in cases of citizenship.
states. more states, a person
is simultaneously EXCEPTION: Burca vs. Republic (51 SCRA 248, 1973)
2. As to voluntariness considered a national When the following requisites concur:
-Voluntary. by said states.
1. When the person’s citizenship is raised as a material issue in a
Involuntary. controversy where said person is a party;
2. When the Solicitor General or his authorized representative took active
RA 9225—Dual Citizenship Law (Citizenship Retention and Re- part in the resolution thereof; and
Acquisition Act of 2003) 3. When the finding on citizenship is affirmed by the SC.
RULE: Natural-born Filipinos who lost their Philippine citizenship by
naturalization as citizens of a foreign country shall re-acquire/retain their
Philippine citizenship upon taking the Oath of Allegiance. (Sec. 3, RA 9225)

STRUCTURE OF GOVERNMENT This is also called the POWER OF JUDICIAL REVIEW
3 Parts of a Written Constitution: The legislative and the executive branches are called the
POLITICAL BRANCHES.
(1) Constitution of sovereignty – This refers to thee provisions pointing out
the modes or procedure in accordance with which Formal changes in the Corollary to the principle of separation of powers:
constitution may be made.
Principles of checks and balances - Each branch of the government is a
Ex: Article XVIII – “Amendments or Revisions” check of the others so that power will not be concentrated which might lead
to abuse and irreparable damage.
(2) Constitution of Liberty – the series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing limitations This allows 1 department to resist encroachments upon its prerogatives or to
on the power of the government as a means of securing the enjoyment of rectify mistakes or excesses committed by the other departments.
those rights.
Ex: veto power of the President.
Ex: Article III – Bill or Rights
Principle of non-delegation of Powers
(3) Constitution of Government – provides for a structure and system of
government; refers to the provisions outlining the organization of the GR – “Potesta delegata non potest delegari” – Power delegated may no
longer be delegated.
Government, enumerating its powers, laying down certain rules relative to its
administration and defining the electorate. XPNs: Instances of permissible delegation – PETAL
Ex: Article VI – Legislative Department Delegation to the People under the systems of initiative and referendum
Article VII – Executive Department (plebiscite, Art. VI, Sec 1)
Article VIII – Judicial Department Delegation to the President of Emergency powers (Art VI, Sec 23)
Article IX – Constitutional Commissions Delegation to the President of Tariff powers (Art VI, Sec 28[2])
Delegation to Administrative Bodies
Doctrine of Separation of Powers in a presidential type of government Delegation to Local governments (Art. X)
The 3 great powers are distributed among the 3 great branches of NOTE: There must always be an EXPRESS delegation! (by
government: Law/Constitution)
Legislative power – Legislative branch / Congress Q. What are the requisites before emergency powers may be delegated to
the President?
Article VI, Sec 1 – “The legislative power shall be vested in the
congress of the Philippines…” A. Under Article VI. Section 23. there are four:
This is also called the POWER OF THE PURSE. There must be a war or other national emergency.
Executive power – Executive branch / President The delegation shall be for a limited period only
Article VII, Sec 1 – “The executive power shall be vested in the The delegation must be pursuant to a declared national policy
President of the Philippines…”
The delegation is subject to such restrictions and limitations as Congress
This also called the POWER OF THE SWORD may prescribe.
Judicial power – Judiciary / Supreme Court  The power is delegated from the Congress to the President (David vs
Arroyo)
Article VIII, Sec 1 – “The judicial power shall be vested in one
Supreme Court and in such lower courts as may be established by Q. What is meant by delegation to administrative bodies?
law.”

A. It is the delegation of quasi-legislative powers to administrative The standards need not be found in the law delegating the power. Instead,
agencies. standards may be found in other laws – what is important is that the
standards are determinate or at least determinable (Chong Bian vs Ci-Bos)
If the delegation meets the tests, it is valid.
refers to the rule making power or power of subordinate legislation or power
to promulgate rules and regulations to implement a given law/legislative What is prohibited is undue delegation or a delegation running riot.
policy.
If there is undue delegation, it is no longer delegation of power but
Operative word, “or” meant equivalent terms abdication of power in favor of the delegate, which violates the doctrine of
separation of powers.
The power to ENACT laws still belongs to Congress.
Ratio: You cannot expect the Congress to anticipate all.
 Tests of valid delegation vs. abdication of power
Undue delegation to the delegate

Article VI – LEGISLATIVE DEPARTM ENT
Completeness Test - The law delegating the power must be complete in Legislative Power
itself in the sense that the body on whom the power is delegated must have Article VI, Sec 1: “The legislative power shall be vested in the congress of
no discretion to exercise the power but to enforce it. the Philippines, which shall consist of a Senate and a House of
The law must be complete in all its terms and conditions, such that Representatives, except to the extent reserved to the people by the
there is nothing more to be done by the body but to enforce it. provisions on initiative and referendum.”
The law must set forth the policy to be executed, carried out or
implemented by the delegate. Q. What power is vested in Congress?
The delegate must not be authorized to fill in the gaps. A. Legislative Power under Article VI, Sec. 1 (The Power of the Purse).
Sufficiency of Standards Test - The law must provide for standards that Q. Is legislative power exclusively vested in Congress?
are determinate or at least determinate, which will define the limits of a
delegate’s authority. A. NO. Unlike in the 1935 constitution where the legislative power is
exclusively vested in Congress, under the 1987 constitution, there is a
The standard will guide the delegate in the exercise of the reservation made to the people (initiative and referendum). (Art VI, Sec1).
delegated power which standards must be determinate/determinable.
The legislative power is not exclusively vested in Congress! It is vested
Q. What is a sufficient standard? in:
A. It is one that defines legislative policy, marks its limits, maps out its Congress – made up of 2 houses:
boundaries and specifies the public agency to apply it. Senate
Ex: (1) Power to organize agencies was delegated to the President House of Representatives
Standard: to streamline the bureaucracy for economy and (We have a Bicameral Congress)
sufficiency. The houses are co-equal bodies; hence the terms “upper house” and “lower
(2) Power to issue franchises delegated to LTFRB house” are inaccurate!
Standard: For public convenience and security Bicameral Conference Committee
See Phil. Judges Association vs. Hon. Prado, and
Tolentino vs. Secretary of Finance.

“…to the extent reserved to the People by initiative and referendum” (2) When the president vetoes a bill, that bill doesn’t become a law.(3) When
he calls for a special session
Article VI, Sec. 32 – The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the exceptions there from. Art VI. Sec 15 – “The president may call a special session at any time”
This is not self-executing. In effect, he will initiate the process
Q. Has the Congress enacted a Law? When the president certifies as the urgency of the bill to meet a public
calamity or emergency.
A. YES. R.A. 6735 (Initiative and Referendum Law) is the implementing
provision of Sec 1 Art VI, 1987 Constitution.3 kinds of Initiative under RA Art VI, sec 26 (2) “No bill passed by either house shall become a law unless
6735:1. Initiative on the Constitution- it has passed three (3) readings on separate days x x x except when the
1. declared unconstitutional (Santiago vs. president certifies as to the necessity of its immediate enactment to meet a
COMELEC) public calamity or emergency.”
2. Initiative on Statutes
Implemented Article VI. Sec 1 The president hastens the process by dispensing with 3 separate readings
* - Refers to petitions proposing to enact a national legislation on 3 separate days rule.
- Valid (4)
3. Initiative on Local Legislation
refers to petitions proposing to enact, amend, or repeal local ordinances. When the president signs a bill that becomes a law
Valid. Art VI, sec 27 – “Every bill passed by Congress shall before it becomes a
law, be presented to the president. If he approves the same, he shall sign
Bar Q: What is initiative? What is Referendum? it…”
A: Initiative is the power of the people to propose amendments to the
Constitution on to propose and enact legislations through an election for the The president performs the last operative act for a bill to become a law.
purpose (Sec 3(a), RA6735).
When the president prepares a budget which is the basis of the GENERAL
Referendum is the power of the electorate to approve or reject a legislation
APPROPRIATIONS ACT.
through an election called for the purpose (Sec. 3©, RA6735).
Art VII, Sec 22 – “The president shall submit to the congress x x x as basis
Q: May the President enact laws?
of the general appropriations bill a budget for expenditures and sources of
A: NO. Legislative power is vested in Congress. Legislative power includes financing, including receipts from existing and proposed revenue measures.”
the power to ENACT, AMEND, or REPEAL. The power vested on the
NON-LEGISLATIVE POWERS OF CONGRESS (9): [IBAWI PA CE]
President is the EXECTIVE POWER or the power to IMPLEMENT laws.
(1) Investigative power / power to conduct investigation (inquiries in
aid of legislation)
PRESIDENT’S PARTICIPATION IN THE LAW-MAKING PROCESS
Art VI, Sec 21 – “The senate or the house of representatives or any of its
Q: Does the President have any participation in the Law-making process? respective committees may conduct inquiries in aid of legislation or in
accordance with its duly published rules of procedure…”
A: Yes, in the following instances: [SBUVS]
(2) Power to declare the existence of a state of War
(1) When he exercises his veto power
Art VI, Sec 23 – “The congress by a vote of 2/3 of both houses in joint
Article VI, Sec 27. – “Every bill passed by Congress shall before it becomes session assembled, voting separately, shall have the sole power to declare
a law, be presented to the president. If he approves the same, he shall sign the existence of a state of war.” [*then based on such declaration, delegate
it; otherwise, he shall veto it…” emergency powers to the President](3) Power to confirm a presidential
appointments [through commission on Appointments]

Art VII, Sec 16 – “The president shall nominate and with the consent of the Term limit: 2 Consecutive terms
Commission on Appointments, appoint the heads of the executive (b) House of Representatives
departments, ambassadors, other public ministers and consuls or officers of Term: 3 years
the armed forces from the rank of colonel or naval captain, and other officers Term limit: 3 consecutive terms
whose appointments are vested in him in this constitution.” Art VI, Sec 5(1) – “The HOR shall be composed of not more than
250 members, unless otherwise fixed by law, who shall be elected
(4) Power to punish for contempt from legislative districts apportioned among the provinces, cities,
- Incidental to the power to conduct inquiries in aid of legislations. and the metropolitan manila area x x x”
This provision is already Functus Officio!
(5) Power to impeach and to try cases of impeachment
Congress has the power to reapportion district every census, under
As a prosecutorial body: Art XI, Sec 3(1) – “The House of Representatives
shall have the exclusive power to initiate all cases of impeachment. Art VI, Sec 5(4) –
As an impeachment Court: Art XI, Sec 3(6) – “The senate shall have the Within 3 years following the term of every census, the congress shall make a
sole power to try and decide all cases of impeachment x x x “ re-apportionment of legislative districts based on the standards provided in
this section.”
(6) Power to judge election contests involving their members through
the Electoral tribunal Qualifications: (
Art VI, Sec 17 – “The senate and House of Representatives shall each have
electoral tribunals which is the sole judge of all contests relating to the Senator Representative
election returns and qualifications of their respective members x x x”
(1) Citizenship Natural born
(7) Power to concur in Amnesty Proclamation
Art VIII, Sec 19(2) – “He shall have the power to grant amnesty with the (2) LIteracy Able to read and write
concurrence of a majority of all the members of the Congress”
(3) Voter Registered voter
(8) Power to propose amendments to, or revisions of the constitution, (4) Age 35 years of age 25 years of age on the day of
when acting as constituent assembly on the day of election
election
Art XVII, Sec 1(2) – “Any amendment to, or revision of, this constitution may
be done by: (1) The congress, upon a vote of ¾ of all its members; x x x”(9) (5) Residence 2 years residence 1 year in the district he is
Power to act as board of canvassers in presidential and vice- representing.
presidential elections. (6) Term 6 years, 2 3 years; 3 consecutive term-limit.
Art VII, Sec 4(4) – “Upon receipt of the certificates of canvass, the president consecutive term-
of the Philippines shall, not later than 30 days after the day of the election, limit
open al certificates in the presence of the Senate of the House of
Representatives in joint and public session, and the Congress, upon MARCOS vs. COMELEC
determination of the authenticity and due execution thereof in the manner In her application for candidacy, Imelda wrote “7 months requirement”, then
provided by law, canvass the votes.” amended it and wrote, “Since birth”. The SC decided in favor of Imelda. SC:
Composition of CONGRESS in political law, “residence” is considered as “domicile”.
(a) Senate – 24 senators elected at large;

Term: 6 years

Kinds of Congressmen: even to those in the underground (e.g. rebels), that change is possible. It is
an invitation for them to come our of their limbo and seize the opportunity.
Art VI, Sec 5(1) – “The HOR shall be composed of not more than 250
members, unless otherwise fixed by law, who shall be elected from Q: Is it open to all?
legislative districts x x x and those who, as provided by law, shall be elected
through a party-list system of registered national, regional, and sectoral A: No. It is not open to all but only to the marginalized and the
underrepresented
parties or organizations.”
(1) District representatives Allowing all individuals and groups, including those which now
dominate district elections, to have the same opportunity to participate in the
(2) Party-list representatives party-list elections would desecrate this lofty. Objective and mongrelize the
social justice mechanism into an atrocious veneer for traditional politics
this absorbed the sectoral representatives (nose bleed!)
Art VI, Sec 5(2) – “x x x for 3 consecutive terms after the ratifications of this To make it open to all, without qualifications would not only weaken
constitution, ½ of the seats allocated to the party-list representatives shall be the electoral chances of the marginalized and the underrepresented – it also
filled as provided by law, by selection or election from the labor, peasant, prejudices them. To allow the non-marginalized and the overrepresented to
urban poor, indigenous cultural communities, women, youth, and such other
vie under the party list system would not only dilute, but also prejudice the
sectors as may be provided by law, except the religious sector.” chance of the marginalized and underrepresented – contrary to the law’s
[other sectors: fisher folks, elderly, handicapped (Sec 5, RA7941)]. intention to enhance it. It would gut the substance of the party-list system.
Instead of generating hope, it would create a mirage. Instead of enabling the
PUF – LICE – HWY – O marginalized, it would further weaken them and aggravate their
Xpn: Religious sector marginalization.
Party list system Uphold Social Justice principle – to give those who have less life, more in
law
Implemented by RA7941 (Party-list law)
Underground group – Rebels (p.27 3A notes)
Adopted the German model of the party list system
Guidelines for screening party list participants (8)
1998 elections: first time we had party list election
The political party, sector, organization, or coalition must represent the
Borrowed concept from parliamentary system marginalized and underrepresented sectors identified in Sec 5, RA7941.
See: Ang bagong-bayani-OFW labor party vs. COMELEC (June 26, ‘01 Sec 5, RA7941 – “x x x the sectors shall include labor, peasant, fisherfolk,
En Banc) urban poor, indigenous cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers, and professionals.”
Q: What is the nature of the party-list system?
This enumeration is NOT exlusive
A: The party-list system is a social justice tool designed not only to
However, it demonstrates the clear intent of the law that NOT all sectors can
give more in life to the great masses of our people who have less in life, but
be represented under the party-list system.
also to enable them to become veritable (genuine/real) law makers
themselves. It While political parties may participate in the party-list system, then
must comply with the declared statutory policy of enabling “Filipino citizens
intends to make the marginalized and underrepresented active participants
belonging to the marginalized and underrepresented sectors x x x to be
in the mainstream of representative democracy.
enelcted to the HOR.
The party list system is one such tool intended to benefit those who
They must show that they represent the interests of the
hae less in life. It gives the great masses of our people the genuine hope
marginalized and the underrepresented.
and genuine power. It is a message to the destitute and the prejudiced, and

Sec 5, RA 7941 – “Any organized group of persons may regilster as a party, The party or organization must not be disqualified under sec 6, RA
organization, or coalition for purposes of the party-list system x x x” 7941:
Sec 7, Art IX-C, 1987 Const. – “No votes cast in favor of a political party, Sec 6, RA 7941 – Ground for refusal and/or cancellation of registration:
organization, or coalition shall be valid, except for those registered under the
party-list system as provided in this constitution. 1. It is a religious sector denomination, organization or association,
organized for religious purposes;
Sec 8, Art IX-C, 1987 Const. – “Political parties or organizations or coalitions
registered under the party list system shall not be represented in the voter’s 2. It advocates violence or unlawful means to seek its goal;
registration boards x x x” 3. It is a foreign party or organization;
Sec 5(1), Art VI, 1987 Const. – “The HOR shall be composed of x x x and 4. It is receiving support from any foreign gov’t, foreigh political party,
those who x x x shall be elected through a party list system of registered foundation, organization, whether directly or through any of its officers or
national, regional, and sectoral parties or organizations. rd
members or indirectly through 3 parties for partisan election purposes.
The religious sector may not be represented in the party-list system or 5. It violates or fails to comply with laws, rules or regulations relating to
registered as a political party. elections;
Art IX-C Sec 2(5) – “The COMELEC shall exercise the following powers and 6. It declares untruthful statements in its petition;
functions x x x (5) Register x x x political parties, organizations x x x religious
denomination shall not be registered. 7. It has ceased to exist for at least 1 year;
Art VI, Sec 5(2) – “x x x from the labor, peasant urban poor x x x and such 8. It fails to participate in the last 2 preceding elections, or fails to obtain at
other sectors as may be provided by law, except religious sector” least 2% of the votes cast under the party list system in the 2 preceding
elections for the constituency in which it has registered.
Sec 6(1), RA7941 – “The COMELEC may x x x refuse or cancel x x x the
registration of any national regional or sectoral party, organization or The party must not only comply with the requirements of the law; its
coalition on any of the following grounds: (1) If it is a religious sect or nominees must likewise do so x x x
denomination, organization or association organized for religious purposes. The nominee must also be qualified.
Ex: El Shaddai cannot register and participate in the party-list system Sec 9, RA 7941 – Qualifications for party list nominees
The prohibition is on any religious organization registering as a political (1) Natural-born citizen of the Philippines
party. No prohibition against a priest running as a candidate. What is
prohibited is the registration of a religious sect as a political party. (2) Registered voter
The party or organization must not be an adjunct of, or a project organized (3) Resident of the Philippines for a perioud of not less than 1 year
by, or an entity funded or assisted by the government. immediately preceding the day of the electon.
It must be independent of the government (4) Able to read and write
By the very nature of the party-list system, the party or organization must be (5) Bona fide member of the party or organization which he seeks to
a group of citizens, organized and operated by citizens. represent for at least 90 days preceding the day of the election.
The participation of the government or its officials in the affairs of a party-list (6) Not only the candidate party or organization must represent marginalized
candidate is not only illegal and unfair to others, but also deleterious to the and underrepresented sectors; so also must its nominees.
objective of the law.
(7)The nominee must also represent the marginalized and underrepresented
Ex: MAD – Mamamayan Ayaw sa Droga
Surely, the interests of the youth cannot be fully represented by a retiree;
neither can those of the urban poor or the working class by an individualist.

While lacking a well-defined political constituency, the nominee must However, votes cast for a notoriously disqualified candidate may be
likewise be able to contribute to the formulation and enactment of considered stray and excluded from the canvass.
appropriate legislation that will benefit the nature of the whole.
This does not apply to the party-list elections!
4 inviolable parameters to determine the winners in a Party-list election
Because of the express rule in Sec 10, RA 7941 – “x x x that a vote cast for
(As mandated by the Constitution and RA7941) Bar Question!  a party, sectoral organization or coalition not entitled to be voted for shall not
be counted x x x”
See VETERANS FEDERATION PARTY vs. COMELEC (October 6, 2000 En
Banc) The LABO doctrine applies only to SINGLE ELECTIVE POST/ELECTIONS
nd rd
(e.g. Mayor); In the party-list system, even the 2 , 3 , etc... candidate may
a. The twenty (20%) percent allocation - The combined member of all get seats.
party list congressmen shall not exceed 20% of the total membership of the
HOR, including those elected under the party-list. Concept and Bases of Congressional Oversight Functions
Art VI, Sec 5(2) – “The party-list representatives shall constitute 20% of the See MAKALINTAL vs. COMELEC
total number of representatives including those under the party-list.
Q: What is the power of oversight?
b. The two (2%) percent threshold - Only those garnering a minimum of
A: Broadly defined, the power of oversight embraces all activities undertaken
2% of the total valid votes cast for the party list system are qualified to have
a seat in the HOR. by Congress to enhance its understanding of and influence over the
implementation of legislation it has enacted. Clearly, oversight concerns
NOTE: The base is the total votes cast for the party-list and not the total post-enactment measures undertaken by Congress:
number of registered voters.
to monitor bureaucratic compliance with program objectives;
See RA 7941. to determine whether agencies are properly administered;
to eliminate executive waste and dishonesty;
c. The three (3) seat limit - Each qualified part, regardless of the number of to prevent executive usurpation of legislative authority; and
votes actually obtained, is entitled to a maximum of 3 seats – 1 qualifying to assess executive conformity with the congressional perception of public
and 2 additional seats.
interest
Rationale: To avoid domination/monopoly – will go against the purpose of Q: What is/are the basis of oversight power of Congress?
the party-list system. A: The power of oversight has been held to be (1) intrinsic in the grant of
legislative power itself and (2) integral to the checks and balances (3)
Proportional Representation - The additional seats to which a qualified inherent in a democratic system of government.
party is entitled to shall be computed in proportion to their total number of
votes. Q: what are the categories of congressional oversight functions? [SIS]
Q: To determine the total votes cast for the party-list system, should the A: Three categories:
votes tallied to the disqualified candidates be deducted/excluded in Scrutiny – primary purpose is to determine economy and efficiency of the
computing the 2% threshold?
operation of government activities.
A: Yes. The votes for the disqualified parties should be excluded. Based primarily on the power of appropriation of congress as under the
(Ang Bagong Bayani OFW vs. COMELEC [June 25, 2003 En Banc]) constitution, the “power of the purse” belongs to the congress
In the case of Labo vs. COMELEC, reaffirmed in the case of Grego vs. Ex: Budget hearings – usual means of renewing policy and auditing the use
COMELEC, the court declred that the votes case for an ineligible or of previous appropriation to ascertain whether they have been disbursed for
disqualified candidate cannot be considered stray, because this would purposes authorized in an appropriation act.
disenfranchise the voters/majority; valid votes.

Power of confirmation – [through COA,] provides congress an opportunity to (2) Freedom of speech and debate
find out whether the nominee possesses the necessary qualifications, (3) Freedom from search (see Article 145, RPC)
integrity and probity required for all public servants. Privilege from Arrest
Congress may request information and report from the other branches of Not absolute!
government. It can give recommendations / pass resolutions for
Limitations: (1) Congress must be in session
consideration of the agency involved.Congressional Investigation – a more
intense digging of facts. (2) The offense must be one punishable by imprisonment not exceeding 6
This is an essential and appropriate auxiliary to the legislative functions, years.
even in the absence of an express provision in the Constitution. “In session”
Sec 21 Art VI (in aid of legislation) does not refer to the day to day session
Sec 22 Art VI (Question hour) refers to the session from the opening to the final/formal adjournment of
Legislative Supervision – third and most encompassing form of oversight Congress
power. Art VI, Sec 15 – “the Congress shall convene once every year on the Fourth
Monday of July for its regular session, unless a different date is fixed by
“Supervision” connotes a continuing and informed awareness on the part of
congressional committee regarding executive operations in a given Law, and shall continue to be in session for such number of days as it may
administrative area. determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays x x x “
Allows congress to the exercise of delegated law-making authority and
permits congress to retain that part of delegated authority. Q: After 15 days of continuous session, congress adjourned. Can this be
done?
Ex: veto power of Congress.
A: YES. Congress has the discretion under Art VI, Sec 15. It is allowed to
Power to create public office / administrative agency – congress has an remain in session provided only that 30 days before the opening of the next
additional power to supervise - properly implemented congress has review session, it shall adjourn (compulsory adjournment).
powers over these public offices / administrative agencies.
The opening of the session is also the time the President delivers his STATE
Ex: GSIS. OF THE NATION ADDRESS (SONA) – part of the informing power of the
President (Art VII, Sec 23)
Q: What is legislative veto?
Art VII, Sec 23 – “The president shall address the Congress at the opening
A: It is the power of the congress to disapprove a subordinate law, rules and of its regular session x x x”
regulations promulgated/enacted by the executive branch pursuant to a
delegation of authority by Congress. This is a deviation from the 1935 constitution, under which the opening of
th
the regular session is every 4 Monday of January and the duration of the
Immunities and privileges of members of Congress session is for a fixed period of 100 days. It was patterned after the American
Sec 11, Article VI – “A senator of member of the HOR shall, in all offenses Constitution.
punishable by not more than 6 years imprisonment, be privileged from arrest Freedom of Speech and Debate
while the congress is in session. No member shall be questioned nor be held
liable in any other place for any speech or debate in Congress or in any Requisites:
committee thereof.”
(1) The speech or debate must be made in Congress or in any
3 Privileges: committee thereof.
(2) The congress must be in session.
(1) Privilege from Arrest

Q: In a TV interview, a congressman maligns someone. Can he invoke his Q: During pendency of his appeal from conviction of RTC, should he be
freedom of speech? allowed to post bail?
A. NO. It was not made in congress or any of its committee. A. NO. Evidence of guild is strong; should wait for decision on appeal inside
the penitentiary.
Q: In his privileged speech, a congressman made remarks against A. Can A
sue him for defamation? 1987 Constitution says…
A: NO. It is covered by the immunity. Art III, Sec 13 “All persons, except those charged with offenses punishable
by reclusion perpetua, when the evidence of guilt is strong, shall, before
Q: What is A’s remedy? conviction, be bailable by sufficient sureties, or be released on recognizance
A: Ask the house to punish the congressman. as may be provided by law. x x x”
“In any other place” – means - this includes the courts! Rules of Court says…
Statement made in Congress is a form of privileged communication. Rule 114 Sec 4 – Bail, a matter of right; exception:
This is a valid defense of Slander or Libel! All persons in custody shall be admitted to bail as a matter of right, with
sufficient sureties, or released on recognizance as prescribed by law or this
Borjal vs. CA: There are 2 kinds of Privileged communication: rule.
Absolutely privileged before / after conviction by the MTC; and
absolutely not actionable even if the author is in bad faith before conviction by RTC of an offense not punishable by death, R.P, or life
Ex: Freedom of speech and debate of members of Congress. imprisonment.
Qualifiedly privileged Rule 114 Sec 5 – Bail, when discretionary
Not actionable unless the author acted in bad faith. Upon conviction by the RTC of an offense NOT punishable by death, RP, or
LI, admission to bail is discretionary. x x
This does NOT include Congress Itself!
Therefore:
Osmeňa vs. Pendatun: The Senate expelled Senator Osmeňa from the
Senate when he maligned the President in his speech. Matter or Right – before conviction, punishable by penalty lower than
reclusion perpetua
SC: The Senate’s act is valid. Congress can punish their members [Art VI,
Secc 16(3)]. The freedom of speech and debate cannot be invoked in Exception: charged with offense punishable by RP or death.Matter
Congress itself. The constitution says, “in any other place”. of Discretion – before conviction punishable by penalty of reclusion perpetua
or higher when the evidence of guilt is strong, there will be a hearing to
People vs. Jalosjos: To allow Jalosjos to attend congressional session will determine whether evidence of guilt is strong.
virtually make him a free man; this would be a mockery of the correctional
system.  After conviction, go to Rule 114 sections 4 and 5.
Immunity of Members of the Congress Power to Conduct Investigations and Inquiries

arises from a constitutional provision Sec 21, Art VI – “The senate or the House of Representatives or any of its
granted in a restrictive sense respective committees may conduct inquiries in aid of legislation in
cannot be extended by Intendment accordance with its duly published rules of procedure. The rights of persons
Implication appearing in or affected by such inquiries shall be respected.”Nature of the
Equitable considerations power to conduct investigations and inquiries
non-legislative but integral in the grant of Legislative power

It is investigative.Arnault vs. Nazareno: In the 1935 Constitution, there is no It is attached to information, and not the person asked.
express provision regarding inquiries in aid of legislation. However, it is
intrinsic – to conduct inquiries in aid of legislation. Therefore, even without Q: What are the varieties of Executive privilege?
such provision, this power is present.Q: Is the power absolute? A: (1) State Secrets Privilege – Information is of such nature that its
A: NO! Section 21 provides for the following limitations: disclosure would subvert crucial military or diplomatic objective.
Informer’s Privilege – the privilege of the Government not to disclose the
It must be in aid of legislation.
identity of persons who furnish information of violations of law to officers
It must be made in accordance with duly published rules of procedures charged with the enforcement of that law.
The rights of persons appearing in, or affected by such inquiries shall be Generic privilege for internal deliberations – attached to intra-governmental
respected. documents reflecting advisory opinions, recommendations, and deliberations
comprising part of a process by which governmental decisions and policies
 The right against self incrimination (Art III sec 17) may be invoked. are formulated.
“In aid of legislation” Power to Conduct a Question Hour
Bengzon Jr vs. Senate Blue Ribbon Committee Art VI, Sec 22 – “The heads of departments may upon their own initiative,
 Senator Enrile made a privileged speech on the alleged takeover of the with the consent of the President, or upon the request of either house, as the
SOLOIL Inc. by Ricardo Lopa, a relative of President Auino, and asked the rules of each house shall provide, appear before and be heard by such
Senate to “look into the possible violation of the law, particularly with regard house on any matter pertaining to their departments x x x”
to RA3019, the “Anti-Graft and Corrupt Practices Act”. The matter was 2 ways to initiate a question hour:
referred to the Senate Blue Ribbon Committee.
1. (1) Own initiative, with the consent of the President
 Not an inquiry for inquiry’s sake.
2. (2) Upon request of either house.Q: What is Question Hour?
SC: This cannot be allowed. Enrile’s speech had no suggestion of
contemplated legislation. The purpose of inquiry was to find out whether A: It is a period of confrontation initiated by the parliament to hold the prime
Ricardo Copa violated the law. Thus, there is not intended legislation minister and other ministers accountable for their acts and the operation of
involved. the government. (definition borrowed from a parliamentary government).
Q: Is this subject to Judicial Review? Senate of the Philippines vs Ermita
A: General Rule: NO! It is a political question. Sections 21 and 22, therefore, while closely related and complementary to
each other, should not be considered as pertaining to the same power of
Exception: When it is tainted with grave abuse of discretion Congress.
amounting to lack or excess or jurisdiction. In view of the expanded power of
the Courts, the SC can inquire whether the inquiry is in accordance with the Section 21 Section 22
limitations under the constitution.
- relates to the power to conduct - pertains to the power to conduct a
Q: What is the executive privilege?
inquiries in aid of legislation; the aim questions hour; the aim of which is to
A: It is the power of the government (the President or Executive Secretary of which is to elicit information that obtain information in the pursuit of
acting in behalf of the president) to withhold information from the public, the may be used for legislation. the congress’ oversight function
couts and the Congress.
- co-extensive with the power to - in pursuit of Congress’ oversight
unless the question is asked, you cannot invoke this privilege legislate function
It must be invoked (not implied) expressly; must not be a blanket invocation. - attendance is meant to be - attendance is meant to be

compulsory* discretionary Q: Does the pardoning power of the president apply to cases of Legislative
Contempt?
- grounded on the necessity of - congress merely seeks to be
information in the legislative process informed on how department heads A: NO. It is a limitation on the president’s power to pardon by virtue of the
(the power of inquiry being co- are implementing the statutes which doctrine of separation of powers.
extensive with the power to it has issued.
Bodies Attached To Congress:
legislate)
*non-appearance will impair the work of Congress and violate Section 7 of Commission on Appointments (Art. VI, Sec 18)
the Bill of Rights (right to information in matters of public concern – through Electoral Tribunals (Art VI, Sec 17)
their duly elected representatives in Congress)
Commission on Appointments
Q: May members of Cabinet and other top executive officials validly refuse
to appear before congressional inquiries without the consent of the President Section 18, Art VI – “There shall be a commission on Appointments
by invoking EO 464 (prohibiting members of the cabinet and other Executive consisting of the President of the Senate as ex officio chairman, twelve
officials from appearing in Congressional Inquiries) promulgated by the senators and twelve members of the House of Representatives, elected by
President? each House on the basis of proportional representation from the political
parties and parties and parties or organizations registered under the party-
A: If the requirement then to secure presidential consent under EO 464 is list system represented therein. The chairman of the Commission shall not
limited only to appearances in the Question hour, then it is VALID. For under vote, except in case of a tie. The commission shall act on all appointments
Section 22, Article VI of the Constitution, the appearance of department submitted to it within thirty session days of the Congress from their
heads in question hour is discretionary on their part. However, this cannot be submission. The commission shall rule by a majority vote of all the
applied to department heads in inquiries in aid of legislation. Congress is not members.”
bound in such instances to respect the refusal of the department heads to
appear in such inquiry, unless a valid claim of privilege is subsequently Organization
made, either by the President himself, or by the Executive secretary (Senate Q: How many members?
of the Philippines vs. Ermita). A claim of privilege, being a claim of A: 25  Senate President – ex officio chairman
exemption from an obligation to disclose information must be clearly
asserted. Absent a statement of the specific basis of a claim of executive  12 Senators
privilege, there is no way of determining whether it falls under one of the
 12 Representatives (from the House of Representatives)
traditional privileges, whether given the circumstances in which it is made. It
should be respected. Q: How are the 24 members chosen?
Legislative Contempt – The power to punish for Contempt A: based on proportional representation from political parties (including party
list) having membership in the senate or House of representatives.
Nature of the power to punish for contempt
Example:
General Rule: The power is Judicial in nature. It is an inherent power of the
Senate composition:
court.
K4 = 10
Exeption: When exercised by the Congress or any of its committees when KNP = 8
conducting inquiries in aid of legislation (legislative contempt), one can be LOP = 4
held in detention/sent to prision. LAKAS = 2
Formula to determine seats per party in the Commission on
Q: How long can one be held in detention for legislative contempt? Appointments:
A: For as long as he refuses to cooperate, it is not limited to the duration of # of senators of party
the session of Congress. Thus, a person holds the key to his own freedom.
x 12
Total # of senators
(Arnault vs. Nazareno)

12 is the # of CoA seats Membership – 9 members
Judicial Component – 3 Supreme Court Justices; the most senior is the
Simply put, it is the # of senators of a Party DIVIDED by 2 chairman (designated by the CJ)
Follow the same formula for HOR component – just use the # of Legislative Component – 6 senators / congressmen chosen on the basis of
congressmen. proportional representation
Therefore:
Bondoc vs. Pineda
K4 = 5
KNP = 4 FACTS: Congressman Camasura was a member of the HRET. There was
LOP = 2 an electoral contest involving his party-mate and Bondoc. The party
LAKAS = 1 instructed Camasura to vote for his party-mate. However, Camasura cast a
conscience vote in Bondoc’s favor. Thus, the party expelled Camasura from
Q: What if there are decimal places? HRET on the grounds of “disloyalty to the party” and “breach of party
discipline”.HELD: The expulsion is VOID. SET/HRET members are entitled
A: Disregard (drop) the fraction. Otherwise, rounding off would violate the to security of tenure to ensure their impartiality and independence. As judge-
rule on proportional representation! Although some seats would not be filled, members of the tribunal, they must be non-partisan; they must discharge
it is not mandatory that all seats be filled up. What is necessary is that there their functions with complete detachment; Independence and impartiality,
be a quorum (Guingona vs. Gonzales)Q: What is main function of the even from the party to which they belong. Thus, “disloyalty to party” and
Commission on Appointments? “breach of party discipline” are not valid grounds for expelling a tribunal’s
A: To act on Presidential Appointments (checks-and-balances) member. The members are not supposed to vote along party lines – once
appointed, the house/senate leadership should not interfere with the tribunal.
Q: When can CoA meet? Although they are attached to congress, yet they are independent of
nd Congress.
A: Only when the congress is in Session. (Art VI, Sec 19. 2 sentence) –
“The commission on Appointments shall meet only while the Congress is in Q: Can they meet when Congress is not in session?
session at the call of its chairman and a majority of all its members, to
discharge such powers and functions as are herein conferred upon it” A: YES. Unlike the Commission on Appointments, they shall meet in
accordance with their rules, regardless of whether congress is in session!Q:
nd
- Thus, ad interim appointments are allowed (see Section 16, 2 par. Art VII) From the decision of SET or HRET, is there an appeal?
Electoral Tribunals A: NO. Sec 17 of Article VI provides that the SET/HRET is the “sole judge of
all contests x x x”. Hence, from its decision, there is no appeal. Appeal is not
Section 17, Art VI – “The Senate and the House of Representatives shall
a constitutional but merely a statutory right.
each have an Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective Q: Is there any remedy from its decision?
members. Each Electoral Tribunal shall be composed of nine members.
Three of whom shall be Justices of the Supreme Court to be designated by A: YES. A special civil action (an original action – not a mode of appeal) for
the Chief Justice, and the remaining six shall be members of the Senate or certiorari under Rule 65 may be filed. This is based on grave abuse of
the House of Representatives, as the case may be, who shall be chosen on discretion amounting to lack or excess of jurisdiction. This will be filed before
the basis of proportional representation from the political parties and the the SC.
parties or organizations registered under the party-list system represented [The other form of Certiorari is Rule 45, which is a mode of appeal
therein. The senior Justice in the Electoral Tribunal shall be its chairman.” on pure questions of law. This is a mode of appeal unlike the Special Civil
Two Electoral Tribunals action for Certiorari under Rule 65]
(1) Senate Electoral Tribunal (SET) SET/HRET’s jurisdiction is limited to “contests relating to the election x x x
(2) House of Representatives Electoral Tribunal (HRET) of their respective members”

Romualdez-Marcos vs. COMELEC Appropriations bill
…but senate may propose & concur
FACTS: In the 1995 elections, Imelda ran for HOR. A disqualification case Private bills with amendments.
was filed against her on account of her residence. The case was not
resolved before the election. Imelda won the election. However, she was not Revenue or Tariff bills
 Amendment by substitution is
proclaimed. Imelda now questions the COMELEC’s jurisdiction over the Bills Increasing the Public Debt allowed.
case.
Bills of Local Application
HELD: The COMELEC still has jurisdiction. HRET’s jurisdiction as the sole
judge of all contests relating to the elections, etc..of members of congress Source:
begins only after a candidate has become a member of the HOR. Since Article VI, section 24 – “All appropriate, revenue or tariff bills, bills
Imelda has not yet been proclaimed, she is not yet a member of the HOR. authorizing increase of public debt, bills of local application, and private bills
Thus, COMELEC retains jurisdiction. (see RA6646, Sec 6, Electoral Reform shall originate exclusively in the House of Representatives, but the senate
Law of 1987) may propose or concur with amendments.”
Guerrero vs. COMELEC Tolentino vs. Secretary of Finance EVAT is a revenue bill. It intends to
FACTS: Rudy Fariñas of Ilocos Norte ran for Congressman. A raise income for the gov’t.
disqualification case was filed against him, which was not resolved before FACTS: There were 2 versions of the EVAT – the HOR and the Senate
the elections. He won and was proclaimed. COMELEC dismissed the version. The HOR bill was first filed and the Senate suspended its own
pending disqualification case against Fariñas. This was questioned by deliberations until the HOR version was sent to the Senate. Then, the senate
Guerrero on the ground that HRET has jurisdiction only if there is a valid passed its own version. Both versions were sent to the Bicameral
proclamation of the winning candidate. Thus, if a candidate does not ratify Conference Committee. What eventually became the EVAL law was the
the statutory requirements, his subsequent proclamation is void and thus, senate’s version.
COMELEC still has jurisdiction.
HELD: It is not the law, but the revenue bill that is required to originate
HELD: The dismissal (of the case) is incorrect. This is a recognition of the exclusively in the HOR. What the constitution simply means is that the
jurisdictional boundaries between COMELEC and HRET. In an electoral INITIATIVE for filing revenue, tariff bills, etc…must come from the HOR on
contest where the validity of the proclamation of a winning candidate who the theory that since the HOR members are elected from the districts, they
has taken his oath of office and assumed his post as congressman is raised, can be expected to be more sensitive to the local needs and problems. A bill
the issue is best addressed to the HRET. This avoids duplicity of originating in the HOR may undergo such extensive changes in the Senate.
proceedings and a dash of jurisdiction between constitutional bodies. The result may be a rewriting of the whole. To insist that the revenue statute
[Thus, once a winning candidate has been proclaimed, taken his oath of must be substantially the same as the house bill would deny the senate’s
office and assumed office as a member of the HOR, the COMELEC’s power to concur and propose amendments. This would violate the co-
jurisdiction over election contests relating to his election returns and equality of the legislative power between the HOR and the Senate. Thus, the
qualifications ends, and the HRET’s own jurisdiction begins.]The Legislative power of the senate to propose amendments includes the power to propose
its own version. Amendments may be amendments by substitution.
2 rules:
Process
1) One-subject-one-title rule
Filing of the Bill
Sec 26(1), Art VI – “Every bill passed by the Congress shall embrace only 1
General Rule: A bill may be introduced and may originate either from the subject, which shall be expressed in the title thereof.”
Senate or the HOR.
Objectives (De Guzman Jr. vs. COMELEC)
Exceptions: Bills that must originate exclusively with the HOR [APRIL]
To prevent hodge-podge or log-rolling legislation;

To prevent surprise or fraud upon the legislature by means of provisions in This, for as long as various provisions are germane to the subject matter –
bills of which the title gives no information and which might thus be which is expressed in the title – the rule is complied with.
overlooked and carelessly and unintentionally adopted; and
2) Three readings on three separate days rule
To fairly appraise the people, through such publication of legislative
proceedings as usually made, of the subjects of legislation that are being Sec 26(2), Art VI – “No bill passed by either House shall become a law
unless it has passed three readings on separate days, and printed copied
considered, in order that they may have the opportunity of being heard
thereon by petition or otherwise, if they shall so desire. thereof in its final form have been distributed to its members three days
before its passage, except when the President certifies to the necessity of its
In general, the rule seeks to prevent riders – provision which is totally immediate enactment to meet a public calamity or emergency. Upon the last
unrelated to the subject matter of the legislation being considered and may reading of a bill, no amendment thereto shall be allowed, and the vote
be the subject of a separate legislation. thereon shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.”
This rule is interpreted liberally!
General Rule: Each bill must undergo 3 separate readings on 3 separate
Philippine Judges Association vs. Prado days. (one in Senate, one in HOR = 6 days/readings all-in-all)
FACTS: RA7354 is entitled, “law creating the Philippine Postal Corporation”.
In section 35 (Repealing clause), the Judiciary’s franking privilege was First Reading: the bill’s title is read; it is assigned a number, and
withdrawn. Philippine Judges Association argues that Section 35 is not then referred to the appropriate committee. . NNo deliberations yet
expressed in the title of the law, and also the title does not reflect the In the committee to which the bill was referred to, it may die a
purpose of withdrawing said franking privilege. natural death if said committee sits on it. If the members of the
committee endorse the bill to the plenary, it will be calendared for
HELD: The bill’s title is not required to be an index to the body of the act, or nd
2 reading.
to be comprehensive as to cover every single detail in the act. If the title
fairly indicates the general subject and reasonable covers all the provisions Second Reading: The bill is sent back to the plenary.
of the act, and is not calculated to mislead the legislature or the people, NOTE: In the plenary, it will be discussed in its entirety;
there is sufficient compliance with the constitutional requirement. there will be sponsorship speech, interpellations, deliberations;
[Here, when a statute repeals a former law, such repeal is the effect – not amendments may also be introduced.
the subject of the law and it is the subject and not the effect that is required rd
to be briefly expressed in the title.] Third Reading: Requirement: 3 days before the scheduled 3
reading. Printed copies of the bill will have to be distributed to each
Tobias vs. Abalos member of the house. Here, there are no more deliberations,
discussions, or amendments. There is only voting; the yeas and
FACTS: San Juan and Mandaluyong used to be municipalities belonging to
nays must be entered in the journal.
one (1) legislative district, with one congressman. RA7675 was enacted
entitled, “converting Mandaluyong into a highly urbanized city”. Section 49 of
Exception: When the President certifies to the necessity of its immediate
said law creates a separate legislative district for Mandaluyong. The people enactment to meet a public calamity or emergency.
approved the law in a plebiscite. Tobias now questions the legality of the law
on the ground that it has 2 unrelated subjects: (1) conversion of Tolentino vs. Secretary of Finance
Mandaluyong into a highly urbanized city, and (2) creation of a separate
legislative district for Mandaluyong. When the president certifies as to the necessity of the Bill’s immediate
enactment, it need not undergo 3 readings on 3 separate days and printed
HELD: The creation of a separate legislative district for Mandaluyong is NOT copies of the Bill need not be distributed to the members 3 days before the
rd
a subject separate from its conversion into a highly urbanized city. Instead, it 3 reading.
is a natural and logical consequence of such conversion. This is because of
Article VI, Section 5(3), which provides that “each city with a population of at  What constitutes a public calamity or emergency is a political question
into which the courts cannot interfere.
least 250,000 or each province shall have at least one (1) representative.”

While the sufficiency of the factual basis of the suspension of the writ of If the nays prevail over the yeas – another bicameral conference committee
Habeas Corpus or declaration of martial law is subject to Judicial review will be created until an acceptable version of the bill is created; the court did
because basic rights of individuals may be at hazard, the factual basis of not say that the bill is killed.
presidential certification of bills, which involves doing away with procedural
requirements designed to insure that bill are duly considered by member of Enrolled Bill Doctrine
congress, certainly should elicit a different standard of review. Q: What is the enrolled bill doctrine?
 After 3 readings, the bill will be sent to the other house where it will A: Once a bill has become an enrolled bill, it becomes conclusive upon the
undergo the same cumbersome process. courts as to its enactment*, so that the courts will not inquire into whether
 If both houses have different versions of the Bill, said versions will be sent that Bill was regularly enacted or not.
to the Bicameral Conference Committee for reconciliation. * It is the enactment only and NOT its constitutionality or validity, which is
subject to judicial review.
BICAMERAL CONFERENCE COMMITTEE (Sec 1, Art VI – Bicameral Q: What is an enrolled bill?

Congress) A: It is a bill that contains the signatures of the respective secretaries of both
Houses of Congress, of the House Speaker and of the Senate President;
Q: Is this mentioned in the Constitution?
and is to be sent to the President for his signature.
A: NO! But it can be inferred from:
In other words, the following are the signatories to the enrolled bill:
Power of each house of Congress to have rules of proceedings under Art VI, Secretary of the senate and of the 
Section 16(3) – “Each house may determine the rules of its proceedings x x  speaker
x”; and
Senate president
The fact that we have a bicameral Congress – Art VI, Sec 1 – “The
legislative power shall be vested in the Congress x x x which shall consist of Q: What is the reason for the doctrine?
a senate and a HoR.” A: Separation of Powers. The courts should give due respect because the
enrolled bill contains the signatures of the officers of the co-equal branches
Nature and Functions of the Bicameral Conference Committee
of Government.
Source: Philippine Wages Association vs. Prado
Journal Keeping Requirement
Primarily, it is a mechanism for compromising differences between the
senate and the HoR; this is because we have a bicameral Congress. Sec 16(4), Art VI – “Each house shall keep a Journal of its proceedings
and from time to time publish the same, excepting such parts as may, in its
It is capable of producing unexpected results which can even go beyond its judgment, affect national security x x x”
mandate.
Q: Between the enrolled bill and the Journal, which prevails?
rd
Referred to as the “3 house” of Congress – not correct under our
constitution, because there are only two houses. A: General Rule: Enrolled bill prevails
Exception: Journal prevails as to the matters required by law to be
See Arroyo vs. De Venecia
entered into the Journal. They are regarded as conclusive:
 Referral back to the Senate and the HoR – from the bicameral conference rd
committee, the consolidated bill will be sent back to each House. The yeas and nays on the 3 and final reading
 There, the consolidated bill will be subject to voting; no more readings Art VI. Sec 26(2) – “Upon the last reading of a bill x x x the vote thereon shall
be taken immediately thereafter, and the yeas and nays entered in the
If the yeas prevail over the nays – the bill is passed and will be sent to the Journal.”
Senate Predient and the HoR speaker for signing.

The yeas and nays on any question at the request of 1/5 of the members Enrolled bill to the President - Last stage
present
From Congress, the bill will be sent to the President.
Art VI, Sec 16(4) – “Each house shall keep a journal of its proceedings x x x
and the yeas and nays on any question shall, at the request of 1/5 of the Q: How many options does the president have?
members present, be entered in the journal.” A: 3 options:
(1) President approves the bill  bill becomes a law
The yeas and nays upon re-passing a bill over the President’s veto.
Art VI Sec 27(1) – “In such cases, the votes of each house shall be (2) President vetoes the bill  bill does not become a law
determined by yeas or nays, and the names of the members voting for or (3) President does not do anything (inaction)  automatically becomes a law
against shall be entered in its journal.” thirty (30) days after receipt of the bill.
The president’s objection to a bill he had vetoed. First option: President approves the Bill
Art VI Sec 27(1) – “every bill passed by Congress shall, before it becomes a Sec 27 (1), Art VI – “Every bill passed by Congress shall, before it becomes
law, be presented to the President x x x otherwise, he shall veto it and return a law, be presented to the President. If he approves the same, he shall sign
the same with his objections to the House where it originated, which shall it xxx”
enter the objections at large in its journal x x x”
Second option: President vetoes the bill
Astorga vs. Villegas
Sec 27 (1), Art VI – “Every bill passed by Congress shall, before it becomes
FACTS: A bill of local application was filed in the  and was there passed a law, be presented to the President x x x otherwise, he shall veto it and
rd
on 3 reading without amendments. Forthwith, the bill was sent to the return the same with his objections to the House where it originated.”
Senate for its concurrence. It was approved with minor amendments
suggested by Senator Roxas, that instead of the City Engineer, it be the Requirements:
President Protempore of the Municipal Board who should succeed the Vice Sent the bill back to Congress,
Mayor in case of the latter’s incapacity to act as Mayor. However, on second
reading, substantial amendments to this were introduced by Senator Together with his objections (veto message)
Tolentino. These were approved in toto by Senate. The amendment
Q: Can Congress overthrow the veto (“repass the law”)?
recommended by Senator Roxas does not appear in the Journal of the
Senate proceedings as having been acted upon. When the Secretary of the A: YES! With a 2/3 vote as provided under Sec 27(1) Art VI – “If after such
Senate sent a letter to the  that the House Bill No. 9266 had been passed reconsideration, 2/3 of all members of such House agree to pass the bill, it
by the Senate with amendments, he attached a certification of the shall be sent, together with the objections to the other house by which it shall
amendment, which were the ones actually approved by the senate. The  likewise be considered, and if approved by 2/3 of all members of that house,
thereafter signified its approval of the bill and caused copies thereof to be it shall become a law.”
printed. The printed copies were then certified and attested by the
secretaries of the  and the senate and the speaker of the  and the KINDS OF VETO
Senate president. When the printed copies were sent to the President, he General Veto– Art VI, Sec 27, par 1
affixed his signature thereto by was of approval. The bill became R.A. 4065.
However, Senator Tolentino issued a press statement that the bill signed Item or Line Veto – Art VI, Sec 27, par 2 “The President shall have the
into law by the President was the wrong version. Consequently, the Senate power to veto any particular item or items in an appropriation, revenue, or
President withdrew his signature. tariff bill, but the veto shall not affect the item or items to which he does not
object.”
HELD: The court went beyond the enrolled bill and looked into the Journal to
determine whether there’s legal insertion or not. General Rule: President may not veto a provision without vetoing the entire
bill.
The rule is all or nothing; selective veto is not allowed.

The president may not veto a bill without vetoing the entire bill. The A: Person-in-authority (recall Crim Book II – can be subject to direct assault)
executive must veto a bill in its entirety or not at all. He cannot be an editor
crossing our provisions which she dislikes. (Bengzon vs. Drilon) N.B.: Policeman – agent of person-in-authority
Exceptions: Selective veto is allowed in 3 kinds o bill (ART)  Sec. 388 LGC
Appropriation bills Punong Baranggay

Sangguniang Baranggay members Persons-in-
Revenue Bills
authority
Tariff Bills
Lupong taga-pamayapa
Grounds for Vetoing Ordinance by the Chief Executive
Sec. 55 of LGC par. A [UP]
Doctrine of Inappropriate Provisions
Ultra-vires/  Provisions in an appropriation bill must relate to some particular provision
therein (see Art VI, Sec 25(2)). If it does not, it becomes an inappropriate
prejudicial to public welfare provision and will be treated as an item. Thus, it can be subject to the item
Sec 55 of LGC par. B: on Item/line veto: [PAL] veto (Gonzales vs. Macaraig)
Appropriation Ordinance Gonzales vs. Macaraig
Adopting a local development plan FACTS: the General Appropriations Bill contained a provision prohibiting the
President from augmenting the funds of one department from the other.
Ordinance Authorizing Payment of money/creating Liability President Aquino vetoed that provision. Congress argued that what she
Q: Under the LGC, can Punong-Baranggay veto an ordinance? vetoed was a provision, not an item. Thus, she effectively vetoed the entire
bill since the item veto refers to items and not to provisions.
A: NO. He is part of the ordinance-making (or legislative process) body as
the presiding officer of the sessions of Sangguniang Baranggay. HELD: The Court sustained the validity of the exercise by the President of
her veto power, invoking the doctrine of inappropriate provision.Section 25,
Q: Do Local Chief Executives have veto power? par 2, Art VI – “No provision or enactment shall be embraced in the general
appropriations bill, unless it relates specifically to some particular
A: NO.
appropriation therein. Any such provision or enactment shall be limited in its
Q: How about a Governor? operation to the appropriation to which it relates.”
A: Yes. There is a vice-governor.
Q: How about a Mayor? Q: May the President veto a LAW?
A. Yes. There is vice-mayor. A: NO. What the president may validly veto is ONLY a BILL and neither the
provisions of LAW 35 years before his term nor a final and executory
Chief Executive of Baranggay judgment of the Supreme Court. (Bengzon vs. Drilon)
Chief Executive Item vs. Provision in an appropriation bill
Sangguniang Baranggay, presiding officer  An item is a specific appropriation of money, not some general provision
Lupong Tagapamayapa of law that happens to be in an appropriation bill.
Can carry firearms Third option: President does not do anything (inaction)
Q: Is the Chief executive of Baranggay an agent, or a person-in-authority?

Sec 27 (1), Art VI [last sentence] – “x x x The president shall communicate (4) at least 40 years of age on the day of the election
his veto of any bill to the House where it originated within thirty days after the (5) resident of the Philippines for at least 10 years immediately preceding
ate of receipt thereof; otherwise, it shall become a law as if he had the election
signed it.” - Enumeration is exclusive!. The Constitution specifically provided that the
Congress cannot add nor subtract from the list.
Q: Is ‘pocket veto’ valid or practiced in our jurisdiction?
TERM OF OFFICE OF THE PRESIDENT – ARTICLE VII, Sec. 4
A: NO. There is not such thing as ‘pocket veto’ in the Philippines. Unlike in
the US – if within 10 days, the president fails to act on the Bill and Congress - 6 years, to begin at noon of June 30 next following the day of the election
adjourns, the bill does not become a law. In our jurisdiction, the bill and to end at noon of the same date 6 years thereafter.
automatically becomes a law if the President does not act within 30 days - no re-election; regardless of whether or not President finished his term.
after receipt of the Bill. - “The President shall not be eligible for any re-election.” (Sec. 4)
Example of Bills which lapsed into law by the President’s inaction: QUALIFICATIONS AND TERM OF OFFICE OF THE VICE PRESIDENT
Bar Flunker’s Act – President Quirino - same as the President
Changing the name of Manila Int’l Airport to Ninoy Aquino Int’l Airport – st
ARTICLE VII, Sec. 3, 1 par. – “There shall be a Vice President who shall
President Aquino have the same qualifications and term of office xxx as the President."
Q: What if the President does not veto the inappropriate item? - may be re-elected once!
A: It becomes a law/ rider which may be a separate subject of legislation. ARTICLE VII, Sec. 3, 2
nd
par. – “No Vice President shall serve for more than
Doctrine of Qualified Political Agency (Alter Ego Doctrine) two successive terms.”
Members of the Cabinet are considered acts/decisions of the President - no longer an idle official
UNLESS reprobated by the latter. nd
ARTICLE VII, Sec. 3, 2 par. – “The vice President may be appointed as a
Members of the Cabinet are considered alter ego of he President. Member of the Cabinet. Such appointment requires no confirmation.”
EXECUTIVE DEPARTM ENT PRESIDENTIAL SUCCESSION
EXECUTIVE POWER ARTICLE VII, Sec 8 – “In case of death, permanent disability, removal from
office or resignation of the President, the Vice President shall become the
ARTICLE VII, Sec. 1: “The executive power shall be vested in the President President to serve the unexpired term.”4 INSTANCES:
of the Philippines.”
(1) Death
Q: What power belongs to the President?
A: Power of the Sword. (Power of the Purse belongs to the Congress.) (2) Permanent disability
FAITHFUL EXECUTION CLAUSE (3) Removal

nd
- The President can only be removed by means of impeachment.
ARTICLE VII, Sec. 17, 2 sentence: “xxx he shall ensure that the laws be
faithfully executed.” - ARTICLE XI, Sec. 2 : the list of impeachable officer is exclusive!
QUALIFICATIONS OF PRESIDENT – ARTICLE VII, Sec. 2 (1) President

(2) Vice President
(1) natural-born citizen (3) Members of the Supreme Court
(2) registered voter (4) Members of the Constitutional Commission
(3) able to read and write (5) Ombudsman

- This element cannot be applied in the instances when the President
- Hence, the provision in the law creating the Sandiganbayan resigns.
(1980) is already doubtful! (The law creating Sandiganbayan provides that
SB Justices may only be removed by impeachment.) - The President is the highest officer of the land, hence, there is no one to
act on his resignation.
- Grounds:
- Unique situation so SC applied a unique solution. (Concept of Constructive
(a) culpable violation of the Consitution Resignation)
(b) treason
(c) bribery
(d) graft and corruption POWERS OF THE PRESIDENT
(e) high crimes
(f) betrayal of public trust I. SPECIFIC POWERS OF THE PRESIDENT
Q: Was Estrada impeached?
(1) Appointing Power – carries with it the power of removal ARTICLE VII,
A: Yes! Sec. 16
Q: But was he removed through impeachment?
(2) Control Power - ARTICLE VII, Sec. 17 – “The President shall have
A: No! (remember, a vice president can only be removed by impeachment) control of all the executive departments, bureaus, and offices xxx.”
(4) Resignation - With respect to local governments, the President merely has
Estrada vs. Desierto power of general supervision. (ARTICLE X, Sec. 4)
(Did Erap resign?) (3) Military Power - ARTICLE VII, Sec. 18

- Elements of Resignation
There are actually 3:
(a) there must be an intent to resign, which is coupled with:
(a) calling-out power as the commander-in-chief of all the armed
(b) act of relinquishment forces
- Form of Resignation: the validity of a resignation is not governed (b) power to declare martial law
by any formal requirement as to form – it can be oral or written; express or
(c) power to suspend the privilege of writ of habeas corpus
implied as long as the resignation is clear, it must be given effect.
(4) Pardoning Power - ARTICLE VII, Sec. 19 – “Except in cases of
- TOTALITY OF CIRCUMSTANCES TEST AND CONSTRUCTIVE
impeachment, or as otherwise provided in this Constitution, the President
RESIGNATION – Estrada did not write any formal letter of resignation before
may grant reprieves, commutations, and pardons, and remit fines and
leaving Malacanang. Thus, whether or not he resigned is to be determined
forfeitures, after conviction by final judgment. He shall also have the power
from his acts and omissions before, during, and after January 20,2001 or by
to grant amnesty with the concurrence of a majority of all Members of the
the totality of prior, contemporaneous and posterior facts and circumstantial
Congress.”
evidence bearing a material relevance on the issue using this test, his
resignation cannot be doubted. In his final statement, he (a) acknowledged - 5 matters mentioned:
Arroyo’s oath-taking as President; (b) emphasized he was leaving
Malacanang for the sake of peace and order – not because of some inability; (a) reprieves
(c) expressed his gratitude to the people for the opportunity to serve them, (b) commutations
etc.Note; In the Law Public Officers, an essential element of resignation is (c) pardons
the acceptance by the proper authority. (d) remit fines and forfeitures
(in these 4, conviction by final judgment is a requirement)
(e) amnesty

- require concurrence of the majority of Congress (a) authority to impound given by Congress
- conviction by final judgment is not a requirement (b) executive power – president as the commander-in-chief
- if case is still pending, may extend amnesty (c) faithful execution clause
(5) Borrowing Power - ARTICLE VII, Sec. 20 – “The President may (2) Unstated Residual Powers
contract or guarantee foreign loans on behalf of the Republic of the
- powers which are not found in the Constitution, but he may validly
Philippines with the prior concurrence of the Monetary Board, and subject to
limitations as may be provided by law xxx.” exercise. (Marcos vs. Manglapuz).
(6) Treaty-Making Power - ARTICLE VII, Sec. 21 – “No treaty or - reserved powers of the president
international agreement shall be valid and effective unless concurred in by at Q: How do you define executive powers?
least 2/3 of all the Members of the Senate.”
A: Executive power is neither legislative nor judicial. (This implies that it is
(7) Budgetary Power- ARTICLE VII, Sec. 22 – “The President shall submit very broad.)
to the Congress within 30 days from the opening of every regular session, as
the basis of the general appropriations bill, a budget of expenditures and APPOINTING POWER
sources of financing, including receipts from existing and proposed revenue - ARTICLE VII, Sec. 16
measures.”(8) Informing Power- SONA
- correlate with Law on Public Officers
- ARTICLE VII, Sec. 23 – “The President shall address the Congress at the
opening of its regular session. He may also appear before it at any other Nature of Appointing Power
time.”
- vested in the President; executive in nature
II. SPECIFIC POWERS OF THE PRESIDENT FOUND SOMEWHERE - subject only to well-known exceptions
ELSE IN THE CONSTITUTION - carries with it the removal power (power to hire carries with it the power to
fire)
(1) Power of general supervision over local governments
- ARTICLE X, Sec. 4 – “The President of the Philippines shall exercise
general supervision over local governments xxx.” Structure of ARTICLE VII, Sec. 16: 2 Paragraphs
(2) Veto Power (1) list of officers who are to appointed by the President
(2) ad interim appointments
- ARTICLE VI, Sec. 27
(3) Power to call Congress to special session FIRST SENTENCE, FIRST PARAGRAPH
- ARTICLE VI, Sec. 15 – “The President may call a special session at any Q: Will all appointments of the President require confirmation of the
time.” Commission on Appointments?
III. OTHER POWERS A: Not all appointments require confirmation under the present Constitution.
st
(1) Impoundment Power Only those officers enumerated in the 1 sentence require confirmation.
(Sarmiento vs. Mison)
- refusal of the President, for whatever reason, to spend funds
made available by Congress. It is the failure to spend or obligate budget - Under the 1935 Constitution, all appointments need confirmation.
authority or any type. (PHIILCONSA VS. ENRIQUEZ) - Under the 1973 Constitution, all appointments no longer need confirmation
- 3 principal sources: (because Congress was then abolished by President Marcos).

- Experience shows that when all appointments required Confirmation, it keep a regular force necessary for the security of the state.” On the other
became a venue for horse-trading and similar malpractices. On the other hand, Sec. 6 of the same article ordains that: “The state shall establish and
hand, placing absolute power to make appointments in the President with maintain one police force, which shall be national in scope and civilian in
hardly any check by the legislature, as what happened under 1973 character to administered and controlled by a national police commission.
Constitution, leads to abuse of such power. Thus, was perceived the need The authority of local executives over the police units in their jurisdiction
to establish a “middle ground” between the 1935 and 1973 shall be provided by law.
Constitution.FOUR INSTANCES WERE CONFIRMATION IS REQUIRED
- To so distinguish the police force from the armed force, Congress enacted
(1) Heads of executive departments RA. 6975. Thereunder the police force is different from and independent of
the armed forces and the ranks int eh military are not similar to those in the
- appointment of cabinet secretaries requires Confirmation PNP.
- EXCEPTION: Vice-president may be appointed as a member of the - Present PNP is no longer part of the AFP; is a civilian institution placed
Cabinet and such appointment requires no confirmation. (ARTICLE VII, under DILG. Unlike PCINP, which is a part of AFP, it is in fact armed forces.
Sec. 3, Par. 2)
(4) Other officers of the government whose appointments are vested in
(2) Ambassadors, other public ministers and consuls
him in this Constitution
- those connected with the diplomatic and consular services of the country. EX: Chairmen and members of CSC, Comelec, COA (by express provision)
(3) Officers of the armed forces from the rank of colonel or naval Regular members of JBC (ARTICLE VII, Sec. 8, Par. 2)
captain
EXCEPTION: Judges, Justices, Ombudsman (by the creation of the
Q: What about officers of PNP of equivalent ranks? JBC, their appointments no longer require confirmation)
A: No. Sectoral representatives in Congress (Teresita Quintos deles et al vs.
MANALO VS. SISTOZA Commision on Constitutional Commission)
- President Aquino promoted 15 police officers by appointing them to SECOND SENTENCE INSTANCES WHEN CONFIRMATION IS NO
positions in the PNP with the rank of Chief Superintendent to Director. LONGER REQUIRED
Without their names submitted to the Commission on Appointments for (1) All other officers of the government whose appointments are not
confirmation, the said police officers took their oath and assumed their otherwise provided by law
respective positions. Manalo questioned this on the ground that both under
Sec. 16, ARTICLE VII of the 1987 Constitution and RA. 6975 (Local Govt (2) Those who he may be authorized by law to appoint
Act of 1990) require their appointments to be submitted for confirmation and
that PNP is akin to the AFP. The Congress may, by law, vest the appointment of other officers lower in
rank in the president alone, in the courts, or in the heads of departments,
SC: Only presidential appointments belonging to the first group require agencies, commissions or boards.
confirmation by the Commission on Appointments. The appointments of
SARMIENTO VS. MISON
police officers who are not within the first category need not be confirmed by
the Commission on Appointments. Consequently, unconstitutional are - It is evident that the position of Commissioner of Bureau of Customs (a
Sections 26 and 31 of RA. 6975 which empowers the Commission on bureau head) is not one of those within the first group of appointments
Appointments to confirm the appointments of public officials whose where the consent of the Commission on appointments is required.MARY
appointments are not required by the Constitution to be confirmed. CONCEPCION BAUTISTA VS. SALONGA
- The PNP is separate and distinct from the AFP. The Constitution no less, - The appointment of the chairman and members of the Commission on
sets forth the distinction. Under Sec. 4, ARTICLE XVII, “the armed forces of Human Rights is not specifically provided for in the Constitution itself. Unlike
the Philippines shall be composed of a citizen armed force which shall the Chairmen and Members of the CSC, the Comelec and the COA, whose
undergo military training and service, as may be provided by law. It shall appointments are expressly vested by the Constitution in the President with

the consent of the Commission on Appointments. The Human Rights A: These are appointments made by the President when Congress is in
pursuant to the second sentence in Sec. 16, ARTICLE VII, that is, without session.
the Confirmation of the Commission on Appointments because they are
among the officers of the government whom he may be authorized by law to Q: What is the real distinction between the two?
appoint. And Sec. 2(c) EO. 135 (5 May 1987) authorizes the President to A: The real distinction between ad interim and regular appointment lies in
appoint the chairman and members of the Commission on Human Rights. the effectivity of the appointment.
CALDERON VS. CARALE AD INTERIM REGULAR
- Calderon questions the constitutionality and legality of the permanent takes effect immediately does not take effect immediately;
appointments extended by the President to respondents chairman and takes effect only upon confirmation
members of the NLRC without submitting the same to the Commission on by the Commission on Appointments
Appointments for confirmation pursuant to ARTICLE 215 of the Labor Code,
as amended by RA. 6715 (Herrrera-Veloso Law or the Act amending the there is risk of losing both positions no risk involved (appointee cannot
Labor Code reorganizing the NLRC) (upon assumption of new office), assume until appointment is
nd he loses his confirmed)
SC: The NLRC Chairman and Commissioners fall within the 2 sentence of former position
Sec. 16, ARTICLE VII of the Constitution more specifically under the “third
group” of appointees – those whom the President may be authorized by law actually, the President appoints, actually, the President does not
to appoint. Undeniably, the chairman and members of the NLRC are not subject only to the resolutory appoint; he merely nominates
st
among the officers mentioned in the 1 sentence of Sec. 16, ARCTICLE VII condition that it be confirmed later on subject to confirmation by the
whose appointments require confirmation by the Commission on by the Commission on Appointments Commission on Appointments
Appointments. To the extent that RA. 6715 requires confirmation by the
Commission on Appointments of the appointments of respondent chairman
and members of NLRC, it is unconstitutional. MATIBAG VS. BENIPAYO
- SC clarified that this list is EXCLUSIVE. Congress by a mere legislative Benipayo, Tuason, and Borra were appointed Chairman and Commissioners
act may not validly amend the constitution by adding or deducting anything respectively of the COMELEC by the President when Congress was not in
from that list session. These ad interim appointments were by-passed by the
Commission on Appointments. However, they were subsequently re-
SECOND PARAGRAPH: AD INTERIM APPOINTMENTS
appointed by the President to the same positions. Upon assumption to
Q: What are ad interim appointments? office, Benipayo transferred Matibag to another department. Matibag now
questions the validity of the appointments on the grounds that: (1) the ad
A: AD INTERIM literally means “in the meantime” or “for the time being”. interim appointments violate ARTICLE IX-C, Sec. 1, Par. 2 – “In no case
- These are appointments made by the President when Congress is not in shall any member be appointed or designated in a temporary or acting
session. capacity (Matibag is of the impression that such ad interim appointments are
temporary because they are revocable at the will of the President); and (2)
- Sec. 16, ARTICLE VII, Par. 2 should be correlated to Sec. 19, ARTICLE VI even assuming they are valid, their re-appointment violates ARTICLE IX-C,
– “xxx The Commission on Appointments shall meet only while the Congress Sec. 1, Par. 2 – “The chairman and the commissioners shall be appointed
is in session xxx”. xxx for a term of seven years without reappointment.”
- RATIONALE: Commission on Appointments meets when Congress is SC: (1) An ad interim appointment is permanent in character (Summers vs.
in session so that even if Congress is not in session, the President is not Ozaeta). The Consitution imposes no condition on the effectivity of an ad
precluded from making an appointment. interim appointment and thus an ad interim takes effect immediately.
Q: What are regular appointments? - The Constitution itself makes ad interim permanent appointment.

- An ad interim appointment is not descriptive of the nature of the - Hence, the President cannot be compelled especially since the positions
appointment, that is, it is not indicative of whether the appointment is of cabinet secretary require trust and confidence.
temporary or in an acting capacity, rather it denotes the manner in which the
appointment was made. (Marohombsar vs. CA) Distinctions between Ad Interim and Acting Appointments
(2) There are four situations where ARTICLE IX-C, Sec. 1, Par. 2 will apply: Ad Interim Acting Appointments
a) where an ad interim appointee to the Comelec, after confirmation by the extended only during a recess of extended anytime there is a vacancy
Commission on appointment, serves his full seven-year term; Congress
b) where the appointee, after confirmation, swerves a part of his term and permanent in nature merely temporary
then resigns before his seven-year term of office ends; requires confirmation by the does not require such confirmation
c) where the appointee is confirmed to serve the unexpired term of Commission on Appointments
someone who died or resigned and the appointee completes the unexpired Note: Mootness of the Petition – When the Congress adjourned, GMA
term; extended ad interim appointments but this is an exception because the case
d) where the appointee has previously served a term of less than seven is capable of repetition yet evading review.
years, and a vacancy arises from death or resignation. LIMITATIONS ON THE APPOINTING POWER OF THE PRESIDENT
nd
- 2 issue is of first impression! (not yet asked in the bar) (1) ARTICLE VII, Sec. 13, Par. 2 – “The spouse and relative by
- In any of these four situations, it presupposes that the appointment had consanguinity or affinity within the fourth civil degree of the President shall
already been confirmed by the Commission on Appointments. It will not not, during his tenure be appointed as member of the Constitutional
apply in this case where the appointments were by-passsed.Q: What if the Commissions, or the Office of the Ombudsman, or as secretaries,
appointments were actually disapproved and not simply by-passed, can they undersecrataries, chairmen or heads of bureaus or offices, including
still be validly reappointed? government-owned or controlled corporations and their subsidiaries.”
(nepotic appointments)
A: No. The disapproval is actually a judgment on the merits of their
qualification. The principle of checks and balances will come into play. - This is a prohibition against NEPOTISM on the President.
PIMENTEL VS. ERMITA Q: To what positions?

A: (1) Constitutional Commissions – COA, Comelec, CSC
- The cabinet secretaries were appointed as acting secretaries of their (2) Office of the Ombudsman
respective departments while Congress is in session. Thus, the Senators (3) Secretaries
filed a petition to compel the president to extend regular appointments.SC: (4) Undersecretaries
Nature of the Power to Appoint (5) Chairmen or heads of bureaus or offices, including GOCC’s and their
- The power to appoint is essentially executive in nature, and the legislature subsidiaries
may not interfere with the exercise of this power except in those instances
when the Constitution expressly allows it to interfere.- Appointment is (2) ARTICLE VII, Sec. 15 – “Two months immediately before the next
discretionary. presidential elections and up to the end of his term, a President or acting
President shall not make appointments except temporary appointment to
- The essence of an appointment in an acting capacity is its temporary executive positions when continued vacancies therein will prejudice public
nature. It is a stop-gap measure intended to fill an office for a limited time service or endanger public safety.”
until the appointment of a permanent occupant to the office. In case of
vacancy in a n office occupied by an alter ego of the President, such as the - This applies only to a presidential election: every 6 years.
office of a department secretary, the President must necessarily appoint an Q: To what kind of appointment is this directed against?
alter ego of her choice as acting secretary before the permanent appointee
of her choice could assume office.

A: This is directed against 2 types of appointments: (In Re: Valenzuela and A: If the appointment was made within 2 months immediately preceding the
Vallaria) presidential election, then the purpose is for vote-buying or to influence the
outcome of the elections. IF the appointment was made after the
(1) those made for buying votes (to influence the outcome of Presidential Presidential election but before the outgoing president’s term end (his term
elections) ends noon of June 30), then it is midnight appointment.
- refers to those appointments made within the 2 months preceding
DE RAMA VS. CA
a Presidential election and are similar to those which are declared election
offenses in the Omnibus Election Code. - Ma. Evelyn S. Abeja was a municipal Mayor. When her term is about to
end, she filled up all the positions before she vacated her position. When
(2) those made for partisan considerations (the so-called “midnight her successor sit, there was no more vacancy and all the appointments were
appointments”) nullified by the latter on the ground that they were midnight appointments.
- refers to appointments made after election day but before the SC: The records reveal that when De Rama brought the matter of recalling
term of the next president begins (30 June). the appointments of the 14 respondents before the CSC, the only reason he
- Hence, this provision contemplate not only midnight appointments cited to justify his action was that these were “midnight appointments” that
(appointments made for partisan considerations where an outgoing are forbidden under ARTICLE VII, Sec. 15 of the Constitution. However, the
President fells up all vacant positions thereby preempting an incoming CSC ruled and correctly so, that the said prohibition applies only to
president of his prerogative) but also appointments presumed made for the presidential appointments. In truth and in fact, there is no law that prohibits
purpose of influencing the outcome of the Presidential election. local elective officials from making appointments during the last days of his
or her tenure.
AYTONA VS. CASTILLO
(3) ARTICLE VII, Sec. 13, Par. 1 – “The President, Vice President, the
- After the proclamation of Diosdado Macapagal as duly elected President, Members of the Cabinet and their deputies or assistants shall not, unless
President Carlos P. Garcia, who was defeated in his bid for reelection, otherwise provided in this Constitution, hold any other office or employment
became no more than a “caretaker” administrator, whose duty was to during their tenure. They shall not, during said tenure, directly or indirectly,
prepare for the orderly transfer of authority to the incoming President. practice any other profession, participate in any business, or be financially
IN RE: HON. MATEO VALENZUELA AND HON. PLACIDO VALLARTA interested in any contract with, or in any franchise, or special privilege,
granted by the Government or any subdivision, agency or instrumentality
- Before the 11 May 1998 elections, President Ramos appointed on 30 thereof, including government-owned and controlled corporations or their
March 1998 2 gentlemen as RTC judges. On 14 May 1998, already after the subsidiaries. They shall strictly avoid conflict in the conduct of their office.”
elections, their appointments were transmitted to the Office of the Chief
Justice. However, the 2 were able to secure advance copies of their - This is a prohibition against HOLDING MULTIPLE POSITIONS.Q:
appointments so they were able to take their oaths and assumed office. Directed against whom?
SC: The questioned appointments are void. They were unquestionably A: (1) President
made during the period of the ban. Consequently, they come within the (2) Vice President
prohibition relating to appointments which are considered to be for the
purpose of buying votes or influencing the elections. (3) Member of the Cabinet and their deputies or assistants
- The only exception is temporary appointments to executive positions when - applies to private employment
continued vacancies therein will prejudice public service or endanger public - the idea is for them to focus in their functions
safety. However, this case does not even fall within the exception. Their
appointments are not temporary and not to an executive but to the judiciary. Q: What are the exceptions?
Q: How do you detect if it’s a midnight appointment or for purpose of vote- A: (1) unless otherwise provided in this Constitution
buying?

EX: The Vice President may be appointed as a Member of the unscrupulous public officials who took advantage of this scheme for
Cabinet xxx. (ARTICLE VII, Sec. 3, Par. 2) purposes of self-enrichment.
The Secretary of Justice is an ex-officio Member fo the - EO 284 was declared null and void!
Judicial and Bar Council (ARTICLE VIII, Sec. 8, Par. 1)
PUBLIC INTEREST CENTER, INC. VS. ELMA
(2) If they will hold that other office in an ex-officio capacity. (Civil
Magdangal B. Elma was appointed by the President as Chairman of the
Liberties Union vs. Exec. Sec.)
PCGG. At the same time, he was appointed as Chief Presidential Legal
CIVIL LIBERTIES UNION VS. EXECUTIVE SECRETARY Counsel. At that time, PCGG was placed directly under the Office of the
President and PCGG Chairman has the same rank, position, and salary as
President Aquino issued EO 284 allowing member of cabinet to hold not that of a cabinet secretary. Public Interest center questioned this on the
more than 2 other positions in the government including government-owned ground that Elma, as a member of cabinet, he is prohibited from holding 2
and controlled corporations. EO 284 was issued when President Aquino still positions under ARTICLE VII, Section 14.
exercises legislative powers. The idea was to have them earn more.
Pursuant to EO 284, President Aquino appointed member of her Cabinet to SC: The prohibition in Section 13, ARTICLE VII of the 1987 Constitution
other positions. Civil Liberties Union questioned this on the ground that as does not apply to Elma since neither the PCGG Chairman nor the CPLC is a
Members of the Cabinet, they are prohibited from holding other positions cabinet secretary, undersecretary, or assistant secretary even if the former
under ARTICLE VII, Sec. 13. On the other hand, the Solicitor General may have the same rank as the latter positions. Even if Section 13,
contends that they are covered by ARTICLE IX-B, Sec. 7, Par. 2 because ARTICLE VII is not applicable, Elma still could not be appointed concurrently
they are appointive officials. As members of cabinet, they can hold other to the offices of the PCGG Chairman and CPLC because neither office was
office if a law allows it, in this case, there is a law, EO 284. occupied by him in an ex-officio capacity and the primary functions of one
office do not require an appointment to the other post. Moreover, even if the
SC: The contention of Civil Liberties Union is correct. Section 7, ARTICLE appointments in question are not covered by Section 13, ARTICLE VII of the
IX-B, Par. 2 (“Unless otherwise allowed by law or by the primary functions of 1987 Constitution, said appointments are still prohibited under Section 7,
his position, no appointive official shall hold any other office or employment
ARTICLE IX-B, which covers all appointive and elective officials, due to the
in the government or any subdivision, agency or instrumentality thereof, incompatibility between the primary functions of the offices of the PCGG
including government-owned or controlled corporations or their Chairman and the CPLC.
subsidiaries.”) is meant to lay down the general rule applicable to all
appointive public officials and employees while Section 13, ARTICLE VII is - PRINCIPLE OF INCOMPATIBLE OFFICE : one which may not be held by
meant to be the exception applicable only to the President, Vice President, a member during his term without forfeiting his seat.
Members of the Cabinet and their deputies and assistants.
EX: Fiscal and PAO
- The evident purpose of the framers of the 1987 Constitution is to impose a Treasurer and Auditor
stricter prohibition. Congressman and Cabinet Secretary
ARTICLE VI, Sec 13 – “No Senator or Member of the
- Section 13, ARTICLE VII is a new provision not found in 1935 and 1973 House of Representatives may hold any other office or employment in the
Constitution. Government, or any subdivision, agency, or instrumentality thereof, including
- This was a reaction to what happened during the Marcos Regime. There GOCC’s or their subsidiaries, during his term without forfeiting his seat.
was proliferation of newly created agencies, instrumentalities, and Neither shall he be appointed to any office which may have been created or
government-owned or controlled corporations created by presidential emoluments thereof increased during the term for which he was elected.”
decrees and other modes of presidential issuances where cabinet members,
INCOMPATIBLE OFFICE FORBIDDEN OFFICE
their deputies and assistants were designated to head or sit as member of
the board with the corresponding salary, emoluments, per diems, referred to in the first sentence referred to in the second sentence
allowances, and other perquisites of the office. This practice of holding
multiple offices or positions in the government soon led to abuses by one which may not be held by a one which is forbidden by law even if
member during his TERM of office he is willing to forfeit his seat.

without forfeiting his seat. ARTICLE X, Section 4 – “The
President of the Philippines shall
TERM: provided by law exercise general supervision over
TENURE: actual stay in office local governments xxx”
-not necessary for him to resign ARTICLE II, Section 25 – “The State
before he accepts the other office; It shall ensure the autonomy of local
is automatic. governments.”
a member may be validly appointed he may not be validly appointed Q: What is CONTROL?
but he forfeits his seat.
A: (1) to direct the performance of a duty;
more of an inhibition more of a prohibition (2) to restrain the commission of acts;
(3) to review, reverse, revise, alter, or modify the decisions of his
Q: Congressman X was appointed Q: Congress created a new office, subordinates; or
as Secretary of DENR, can he Urban Poor Commission. It (4) to substitute his own decision over that of his subordinates.
validly accept the appointment? appropriated P10B. Congressman X
resigned and applied for that Q: Does the President have CONTROL over local government units?
A: Yes. position. Can he be validly
appointed? A: No. His power is limited to GENERAL SUPERVISION. The power of
supervision means “overseeing or the authority of an officer to see that the
A: No. It was created during the subordinate officers perform their duties. If the subordinate officers fail or
term in which he was elected. Even neglect to fulfill their duties, the official may take such action or step as
if he is willing to resign, He cannot prescribed by law to make them perform their duties. The President’s power
still be appointed because it is a of general supervision means no more than the power of ensuring that laws
forbidden office. are faithfully executed or that subordinate officers act within the law.
(JOSON VS. TORRES)
Q: Can he still go back to his former - Hence, the President’s power of general supervision means to oversee; to
position? see to it that the local governments and their officials perform their functions
in accordance with law. No more than that.
A: No!
- Control is said to be the very heart of the power of the President. (Joson
- In this case, the function of CPLC is to review decisions of officers under vs. Torres)
the Office of the President and among them is the PCGG.
Q: What is an EXECUTIVE DEPARTMENT, BUREAU, OR OFFICE?
CONTROL POWER
A: EO 292 : ADMINISTRATIVE CODE OF 1987:
ARTICLE VII, Sec. 17 – “The President shall have control of all the executive
DEPARTMENT: any of the executive departments created by law.
departments, bureaus, and offices. He shall ensure that the laws be
Ex: Depatment of Finance
faithfully executed.”
BUREAU: a principal subdivision of a department.
CONTROL GENERAL SUPERVISION Ex: Bureau of Internal Revenue and Bureau of Customs
OFFICE: a major functional unit of a department or bureau.
exercised over all executive exercised over local governments Ex: Office of the Secretary of Finance, Regional Office of BIR
departments bureaus, and offices - All of these are under the control of the President.

DOCTRINE OF QUALIFIED POLITICAL AGENCY or ALTER EGO - How can you expect the President to determine that the following performs
their powers and functions in accordance with law if you will deny him the
The acts, decisions of the members of the cabinet, heads of bureaus and power to investigate.
offices, being alter ego of the President, rendered or performed in the
regular course of business are deemed to the acts of the President, unless - The power to investigate is an incident of the power of control.
reprobated by him.
MILITARY POWERS ARTICLE VII, Sec 18 –
PIMENTEL VS. AGUIRRE
3 DISTINCT MILITARY POWERS OF THE PRESIDENT
Allegedly, we were experiencing economic difficulties then so President
Estrada issued AO 43, amending Section 4 of AO 372, by reducing to five (1) Calling out power as the Commander-in-chief of the Armed Forces of the
percent the amount of Internal revenue Allotment (IRA) to be withheld from Philippines
the LGU’s. Pimentel, Jr. et al. contends that in issuing AO 43, the President (2) Power to proclaim martial law
was in effect exercising the power of control over LGU’s while the (3) Power to suspend the privilege of the writ of habeas corpus
Constitution vests in the President, however, only the power of general
supervision over LGU’s. Also, they argued that the directive is in INSTANCES WHEN THE PRESIDENT MAY CALL OUT AFP – To
contravention of Section 286 of the LGC and of Section 6, Article X of the suppress
Constitution providing for the automatic release to each of these units its
share in the national internal revenue. (1) lawless violence
(2) invasion
SC: Such withholding clearly contravenes the Constitution and the law. The (3) rebellion
Constitution vests the President with the power of supervision, not control,
over LGU’s. Such power enables him to see to it that LGU’s and their
officials execute their tasks in accordance with law. While he may issue INSTANCES WHEN THE PRESIDENT MAY DECLARE MARTIAL LAW or
advisories and seek their cooperation in solving economic difficulties, he SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS
cannot prevent them from performing their tasks and using available (1) invasion }
resources to achieve their goals. He may not withhold or alter any authority
or power given them by law. Thus, the withholding of a portion of internal } when public safety requires it
revenue allotments legally due them cannot be directed by administrative
(2) rebellion }
fiat.
Other Limitations
GANZON VS. CA
(1) For a period not exceeding 60 days
There were 10 administrative charges against Mayor Ganzon of Iloilo in the
Office of the President. The Office of the President investigated. DILG (2) Expressly been made subject to judicial review under ARTICLE VII, Sec.
Secretary, as the President’s alter ego, preventively suspended Ganzon. 18, Par. 3 – “The Supreme Court may review, in an appropriate proceeding
Ganzon questioned this contending that the Constitution has left the filed by any citizen, the sufficiency of the factual basis of the proclamation of
President mere supervisory powers which supposedly excludes the power of Martial Law or the suspension of the privilege of the writ of habeas corpus or
investigation and denied her control which allegedly embraces disciplinary the extension thereof, and must promulgate its decision thereon within thirty
authority. According to him, the President may not validly investigate and days from its filing.” (LANSANG VS. GARCIA)
much more cannot place him under preventive suspension which is an
incident of the power to investigate. (3) Within 48 hours from the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the President shall submit a report
SC: The impression of Ganzon is mistaken. Legally, supervision is not in person or in writing to the Congress.
incompatible with disciplinary authority. Investigating is not inconsistent with
overseeing although it is a lesser power than “altering”. (4) The Congress, voting jointly, by a vote of at least a majority of all its
members in regular or special session,, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President.

(5) Upon the initiative of the President, the Congress, may in the same - ARTICLE VII, sec. 18, Par. 6 – “During the suspension of the privilege of
manner, extend such proclamation or suspension for a period to be the writ, any person thus arrested or detained shall be judicially charged
determined by the Congress, if the invasion or rebellion shall persist and within 3 days, otherwise he shall be released.”
public safety requires it.
PARDONING POWER
(6) The Congress, if not in session, shall, within 24 hours following such
ARTICLE VII, Sec.19 – “Except in cases of impeachment, or as otherwise
proclamation or suspension, convene in accordance with its rules without
need of a call. provided in this Constitution, the President may grant reprieves,
commutations, and pardons and remit fines and forfeitures, after conviction
(7) A state of martial law does not suspend the operation of the Constitution, by final judgment.
nor supplant the functioning of the civil courts or legislative assemblies, NOR
authorize the conferment of jurisdiction on military courts and agencies over He shall also have the power to grant amnesty with the concurrence of a
civilians, where civil courts are able to function, (OLAGUER DOCTRINE) majority of all the Members of the Congress.”
Nor automatically suspend the privilege of the writ. FIVE MATTERS COVERED
OLAGUER DOCTRINE (1) To grant reprieves
- Superseded AQUINO VS. COMMISSIONER (2) To grant commutations
- during martial law, military courts may assume jurisdiction over civilians (3) To grant pardons
- Ninoy Aquino questioned the assumption of jurisdiction of the military (4) To remit fines and forfeitures
tribunals
(5) To grant amnesty
- predictably, he was sentenced to death by musketry (firing squad)
AMNESTY
- sentence was not carried out but he died just the same
- segregated from the 4 others
- Several Filipinos abroad were against the decision in Aquino vs.
Commission – they were known as Olaguer group. - concurrence of the majority of all member of congress is required
- They were out to embarrass the Marcos Government. - conviction by final judgment is not required unlike the 4 others
- Unfortunately, the Lovely brothers, among their con-conspirators PARDON AMNESTY

accidentally detonated a bomb. concurrence of congress is not concurrence of congress is required
- They did not die and the group was arrested. required
- All were sentenced to die by musketry. conviction by final judgment is may be granted even without prior
required conviction by final judgment
- While the case was pending before the SC, EDSA I happened.
may mean forgiveness but not erases whatever shade of guilt there
- Justice Teehankee, the lone dissenter in the Aquino case, forgetfulness was
became the Chief Justice of SC and he penned the Olaguer doctrine.
usually extended to individuals extended to group of individuals
- ARTICLE VII, Sec. 18, Par. 5 – “The suspension of the privilege of the writ convicted of common crimes charged of political offenses
shall apply only to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.” private act of the President official act of the President
- In connection with ARTICLE III, Sec. 13 – If the offense is bailable, one - Important to know distinction because of judicial notice
can still post bail because under this – “The right to bail shall not be impaired
even if the privilege of the writ of habeas corpus is suspended.” - Under the law on evidence, there are 3 things which need not be proven:

(1) those matters which the court must take judicial notice of purpose of the privilege. Pardon does not ipso facto restore a convicted
(2) judicial admissions felon to public office necessarily relinquished or forfeited by reason of the
(3) presumptions conviction although such pardon undoubtedly restores his eligibility for
- Under Section1, Rule 129 of the Rules of Court, one of the matters which appointment to that office.
the courts must take judicial notice of is the official acts of the legislative,
- The very essence of a pardon is forgiveness or remission of guilt. Pardon
executive and judicial departments of the Philippines.
implies guilt. It does not erase the fact of the commission of the crime and
- Hence, amnesty, which is an official act of the President, no longer the conviction thereof. It does not wash out moral stain. It involves
requires proof. forgiveness not forgetfulness.
- On the other hand, pardon, being a private act of the President, requires - A pardon looks to the future. It is not retrospective. It makes no amends
proof and the convict who was granted such pardon has the burden of proof. for the part. It affords no relief for what has been suffered by the offender.
LIMITATIONS OF THE PARDONING POWER - Hence, she is excused from serving sentence; but in the eyes of the law,
she is still a convict. Unless the grant expressly so provides, she cannot be
(1) does not apply in cases of impeachment (ARTICLE VII, Sec. 19) reinstated. And since she is not entitled to be reinstated, with more reason
(2) there must first be conviction by final judgment (ARTICLE VII, Sec. 19)
that she is not entitled to backwages.
(3) not applicable to legislative contempt
(4) not applicable to election offenses without favorable recommendation of - It does not impose upon the government any obligation to make reparation
Comelec (ARTICLE IX-C, Sec. 5) for what has been suffered since the offense has been established by
judicial proceedings, that which has been done or suffered while they were
REPRIEVE – suspension or stay of execution of a death convict in force is presumed to have been rightfully done and justly suffered and no
satisfaction for it can be required.GARCIA VS. COA
Probation – suspension of penalty
Garcia was an employee of the Bureau of Telecommunications. Several
COMMUTATION – reduction of penalty by 1 degree from death to RP properties of BT were lost. He was summarily dismissed from the service on
Q: Is pardon available to those guilty of administrative offenses? the ground of dishonesty. It became final subsequently. A criminal case for
qualified theft was filed against Garcia based on the same facts obtaining in
A: Yes. Pardon is available not only to those guilty of criminal offense but the administrative actions. After a full blown trial, Garcia was acquitted not
also to those guilty of administrative offense. Section 19, ARTICLE VII based on lack of proof beyond reasonable doubt but based on an express
makes no distinction between criminal offense and administrative offense finding that he was innocent of the crime charged. Garcia sought
except with respect to impeachment. If persons convicted of heinous crimes reinstatement to his former position in view of his acquittal in the criminal
where evidence of guilt is beyond reasonable doubt are entitled to pardon, case. Bureau of Telecommunications denied his request. Hence, Garcia
why do we have to deny the same to those convicted of administrative pleaded to the President for executive clemency. Acting on the favorable
offenses where only substantial evidence is required? (LLAMAS VS. endorsements of the then Ministry of Transportation and Communications
ORBOS)MONSANITO VS. FACTORAN – Not entitle to be reinstated; no and the CSC, the President granted Garcia executive clemency. Then
backwages Garcia filed with COA a claim for payment of backwages. This was denied
The Assistant Municipal Treasurer was convicted of malversation through by COA on the ground that executive clemency granted to him did not
falsification of public document. Later, he was granted absolute pardon by provide for the payment of back salaries and that he has not been reinstated
the President, when he was released, he demanded to be reinstated to his in the service.
former position and be paid backwages. SC: Garcia should not be considered to have left his office for all legal
SC: Pardon granted after conviction frees the individual from all the purposes, so that he is entitled to all the rights and privileges that accrued to
penalties and legal disabilities and restores him to all his civil rights. But him by virtue of the office held, including backwages. If the pardon is based
unless expressly grounded on the person’s innocence (which is rare), it on the innocence of the individual, it affirms this innocence and makes him a
cannot bring back lost reputation for honesty, integrity, and fair dealing. This new man and as innocent as if he had not been found guilty of the offense
must be constantly kept in mind, lest we lose track of the true character and charged. When a person is given pardon because he did not truly commit

the offense, the pardon relieves the party from all punitive consequences of prison to serve the unexpired portion of the sentence or an additional one.
his criminal act, thereby restoring him his clean name, good reputation and By the pardonee’s consent to the terms stipulated in this contract, the
unstained character prior to the finding of guilt. pardonee has thereby placed himself under the supervision of the Chief
Executive or his delegate who is duty-bound to see to it that the pardonee
- The bestowal of executive clemency on Garcia in effect completely complies with the terms and conditions of the pardon. (In Re: Wilfredo
obliterated the adverse effects of the administrative decision which found
Sumulong Torres)
him guilty of dishonesty and ordered his separation from the service. This
can be inferred from the executive clemency itself exculpating Garcia from Q: Is the grant or revocation of conditional pardon by the President subject
the administrative charge and thereby directing his reinstatement, which is to judicial review?
rendered automatic by the grant of the pardon. This signifies that petitioner
need no longer apply to be reinstated to his former employment. He is A: No! This exercise of presidential judgment is beyond judicial scrutiny.
reinstated to his office ipso facto upon the issuance of the clemency. His (In Re: Wilfredo Sumulong Torres)
automatic reinstatement entitles him to backwages. BORROWING POWER
- He is entitled to full backwages for 8 years. Verily, law, equity, and justice ARTICLE VII, Sec. 20 – “The President may contract or guarantee foreign
dictate that Garcia be afforded compassion for the embarrassment, loans on behalf of the Republic of the Philippines with the prior concurrence
humiliation, and above all injustice caused to him and his family by his of the Monetary Board, and subject to such limitations as may be provided
unfounded dismissal. This is a little measure. SC even commended him for by law xxx.”
protecting government property.
LIMITATIONS ON THE BORROWING POWER:
ESTRADA VS. DESIERTO (1) There must be prior concurrence of the Monetary Board.
Leo Echegaray was convicted of qualified rape. At that time, the death (2) Subject to such limitations as may be provided by law.
penalty is still in effect. On the date he is to be executed by lethal injection,
the SC issued a TRO. This was criticized on the ground, among others, that TREATY-MAKING POWER
it encroached on the power of the President to grant reprieve under Sec. 19,
ARTICLE VII of the 1987 Constitution. ARTICLE VII, Sec. 21 – “No treaty or international agreement shall be valid
and effective unless concurred in by at least 2/3 of all the Members of the
SC: Sec. 19, ARTICLE VII of the 1987 Constitution is simply the source of Senate.”
power of the President to grant reprieves, commutations, and pardons and
remit fines and forfeiture after conviction by final judgment. This provision, Q: Who has the power to ratify treaties?
however, cannot be interpreted as denying the power of the courts to control A: The power to ratify is vested in the President and not in the legislature.
the enforcement of their decisions after the finality. In truth, an accused who The role of the Senate is limited only to giving or withholding its consent or
has been convicted by final judgment still possesses collateral rights and concurrence to the ratification. (Bayan vs. Zamora)
these rights can be claimed in the appropriate courts. The suspension of
such a death sentence is indisputably an exercise of judicial power. It is not - What requires concurrence is a treaty or international agreement NOT an
usurpation of the presidential power of reprieve though its effect is the same executive agreement.
– the temporary suspension of the execution of the death convict. The
Q: Is an EXECUTIVE AGREEMENT equally binding as an
powers of the Executive, Legislative, and the Judiciary to save the life of a
INTERNATIONAL AGREEMENT?
death convict do not exclude each other for the simple reason that there is
no higher right than the right to life. A: Yes. In international law, there is no difference between treaties and
executive agreements in their binding effect upon states concerned as long
Q: Discuss the nature of a CONDITIONAL PARDON.
as the functionaries have remained within their powers. International law
A: A CONDITIONAL PARDON is in the nature of a contract between the continues to make no distinction between treaties and executive
sovereign power of the Chief Executive and the convicted criminal to the agreements. They are equally binding obligations upon nations.
effect that the former will release the latter subject to the condition that if he
does not comply with the terms of the pardon, he will be recommitted to

- The distinction between TREATY and EXECUTIVE AGREEMENT is more of treaty with a wide variety of subject matter, such as, but not limited to,
of a municipal law – whether concurrence of the Senate is required or not. extradition or tax treaties or those economic in nature. All treaties or
international agreements, entered into by the Philippines, regardless of
Q: How to determine whether an agreement is executive or international? subject matter, coverage, or particular designation or appellation, requires
A: INTERNATIONAL EXECUTIVE the concurrence of the Senate to be valid and effective.
- involves major policy - involves implementation of that policy
- In contrast, Section 25, ARTICLE XVIII is a special provision that applies
- more or less permanent and of - more or less temporary longer to treaties which involve the presence of foreign military bases, troops, or
duration and of short duration facilities in the Philippines. Under this provision, the concurrence of the
Q: Is VFA a treaty? Senate is only one of the requisites to render compliance with the
A: Yes. The President himself considered it as a treaty. He referred the constitutional requirement and to consider the agreement binding on the
VFA to the Senate for concurrence. Philippines.
Q: What are the conditions before foreign military bases, troops, or facilities - Undoubtedly, section 25, ARTICLE XVIII which specifically deals with
may be allowed in the Philippines pursuant to ARTICLE XVIII, Sec. 25 of the treaties involving foreign military bases, troops, or facilities should apply in
1987 Constitution? the instant case. It is a finely-imbedded principle in statutory construction
that special provision or law prevails over a general one. To a certain extent
A: Sec. 25, ARTICLE XVIII disallows foreign military bases, troops or and in a limited sense, however the provisions of Section 21, ARTICLE VII
facilities in the country unless the following conditions are sufficiently met: will find applicability with regard to the issue and for the sole purpose of
(a) it must be under a treaty; determining the number of votes required to obtain the valid concurrence of
the Senate.
(b) the treaty must be duly concurred in by the Senate and when so
required by Congress, ratified by a majority of the votes cast by the people in Q: The nature of the petition filed was for certiorari and prohibition. Did it
a national referendum; and constitute grave abuse of discretion on the part of the President when he
submitted the VFA to the Senate invoking Section 21 instead of Section 25?
(c) recognized as a treaty by the other contracting state
A: No! The President, in ratifying the VFA and in submitting the same to
BAYAN VS. ZAMORA Senate for concurrence, acted within the confines and limits of the powers
vested in him by the Constitution. It is of no moment that the President, in
The President entered into a VFA with the US under which American troops
the exercise of his wide latitude of discretion and in the honest belief that
will be allowed to enter the Philippines to conduct joint military exercises with
VFA falls within the ambit of Section 21, ARTICLE VII of the Constitution
members of the Philippine armed forces. He subsequently transmitted said
referred to the Senate for concurrence. Certainly, no abuse of discretion
VFA to the Senate for concurrence invoking his treaty-making power under
much less a grave, patent and whimsical abuse of judgment, may be
Section 21, ARTICLE VII of the 1987 Constitution. Petitioners, who are
imputed to the President in his act of ratifying the VFA and referring the
opposed to the VFA, challenged the constitutionality of said VFA contending
same to the Senate for the purpose of complying with the concurrence
that it was grave abuse of discretion on the part of the President to transmit
requirement embodied in the fundamental law. In doing so, the President
the same to the Senate invoking Section 21, ARTICLE VII of the Constitution
merely performed a constitutional task and exercised a prerogative that
as the controlling provision should have been Section 25, ARTICLE XVIII.
chiefly pertains to the functions of his office.
Q: Which Constitutional provision was upheld?
BUDGETARY POWER
A: Petitioners’ contention on this point was upheld.
ARTICLE VII, Sec. 22 – “The President shall submit to the Congress within
- Section 21, ARTICLE VII deals with treaties or international agreements in 30 days from the opening of every regular session, as the basis of the
general, in which case, the concurrence of at least 2/3 of all the Members of general appropriations bill, a budget of expenditures and sources of
the Senate is required to make the subject treaty or international agreement financing, including receipts from existing and proposed revenue measures.”
valid and binding on the part of the Philippines. This provision lays down the
- Correlate with Section 25(1), ARTICLE VI – “Congress may not increase
general rule on treaties or international agreements and applies to any form
the appropriations recommended by the President for the operation of the

Govt as specified in the budget. The form, content, and manner of MAJORITY = 5
preparation of the budget shall be prescribed by law.”
VOTING
- The most that Congress could do is to trim down or slash the budget!
- Only the members present and who participated in the deliberations on the
INFORMING POWER issues in the case shall vote.
ARTICLE VII, Sec. 23 – “The President shall address the Congress at the - All cases xxx which shall be heard en banc xxx shall be decided with the
opening of the regular session. He may also appear before it at any other concurrence of a majority of members who actually took part in the
time.” deliberations on the issues in the case and voted thereon.
JUDICIAL DEPARTM ENT - Cases or matters heard by division shall be decided or resolved with the
concurrence of a majority of Members who actually took part in the
JUDICIAL POWER (ARTICLE VIII, Sec. 1) deliberations on the issues in the case and voted thereon and in no case,
TYPES OF POLITICAL QUESTIONS without the concurrence of a t least 3 such members.
THREE IMPORTANT FUNCTIONS OF THE COURT
REQUISITES FOR THE EXERCISE OF JUDICIAL REVIEW - When the required number is not obtained, the case shall be decided en
banc.
COMPOSITION OF THE SUPREME COURT – Section 4, ARTICLE VIII - No doctrine or principle of law laid down by the court in a decision
- 15 Justices: Chief Justice and 14 associate Justices rendered en banc or in a division may be modified or reversed except by the
- May sit en banc or, in its discretion, in divisions of 3, 5, or 7 members court sitting en banc.
- In practice, sits in division of 5
- First division: Chief Justice = Chairman Q: What cases are to be heard by the Supreme Court en banc?
st
- Second division: 1 most senior = Chairman
nd A: (1) Cases in which the constitutionality or validity of any treaty,
- Third division: 2 most senior = Chairman
international or executive agreement, law, executive order, or presidential
decree, proclamation, order, instruction, ordinance or regulation is in
QUALIFICATION – Section 7, ARTICLE VIII
question;
OF MEMBERS OF SUPREME OF ANY LOWER COLLEGIATE
(2) Criminal cases in which the appealed decision imposes the death
COURT COURT
penalty;
(1) natural born citizen of the Phils. (1) citizen of the Phils.
(3) Cases raising novel questions of law;
(2) at least 40 years of age (2) member of the Bar
(4) Cases affecting ambassadors, other public ministers and consuls;
(3) must have been for 15 years or (3) possesses the qualifications
(5) Cases involving decisions, resolutions, or orders of the CSC,
more a judge of a lower court or prescribed by Congress
Comelec, and COA;
engaged in the practice of law in the
Phils (6) Cases where the penalty to be imposed is the dismissal of a judge,
officer or employee of the judiciary, disbarment of a lawyer, or either the
(4) must be a person of proven (4) must be a person of proven
suspension of any of them for a period of more than one (1) year or a fine
competence, integrity, probity and competence, integrity
exceeding P10,000 or both;
independence
probity and independence
(7) Cases where a doctrine or principle laid down by the court en banc
or in division may be modified or reversed;
(8) Cases assigned to a division which in the opinion of at least (3)
QUORUM = 8 members thereof merit the attention of the court en banc and are acceptable
to a majority of the actual membership of the court en banc; and

(9) All other cases as the court en banc by a majority of its actual STATE PRINCIPLES AND POLICIES
membership may deem of sufficient importance to merit its attention.
ARTICLE II (AND RELATED PROVISIONS), 1987
CONSTITUTIONAL PROVISIONS THAT TEND TO STRENGTHEN THE
INDEPENDENCE OF THE JUDICIARY CONSITUTION
(1) ARTICLE VIII, Sec. 9 – “The Members of the Supreme Court and judges I. General Considerations:
of lower courts shall be appointed by the President from a list of at least Tañada v. Angara – By its very nature, Art. II are policies and principles that
three nominees prepared by the Judicial and bar Council for every vacancy. may guide the Legislature in the enactment of laws and the courts in its
Such appointments need no confirmation.” interpretation
JUDICIAL AND BAR COUNCIL (Section 8, Article VIII) Hence, as a general rule, these provisions are non-self-executin
Functions:
BUT – a provision that is complete in itself, and provides sufficient
-principal function of recommending appointees to the judiciary rules for the exercise of rights, is self-executing
-may exercise such other functions and duties as the SC may
assign to it Thus, certain provisions under Art. II are self-executing
Composition: Eg.: Sec. 16 (See Oposa v. Factoran)
The 1st sections are entitled “Principles”, while the rest are entitled “Policies”
(1) Chief Justice- as ex officio Chairman
However, there seems to be no clear distinction between what are
(2) Secretary of Justice } as ex officio members
“Principles” and what are “Policies”.
(3) A representative of the Congress }
(4) A representative of the Integrated Bar ]as regular members
II. Sec. 1, Art. Ii – “The Philippines I a democratic and republican
(5) A professor of law ]
State. Sovereignty resides in the people and all
(6) A retired member of the SC ]
government authority emanates from them.
(7) A representative of the private sector ]
- Term: This is prescriptive of the kind of government that we should have – it should
be “democratic” and “republican”. We cannot have any other kind of
The regular members of the Council shall be appointed by the President for
government
a term of 4 years with the consent of the Commission on Appointments.
Note that in International Law, it is not concerned with the kind of
(2) ARTICLE VIII, Sec. 3 – “The Judiciary shall enjoy fiscal autonomy.
government. What is essential is that there is a government, since it is an
Appropriations for the Judiciary may not be reduced by the legislature below
essential element of the State.
the amount appropriated for the previous year and after approval, shall be
automatically and regularly released.” “Republican” – hence, we have a representative type of
government – we elect our leaders.
Q: What is fiscal autonomy?
Thus, we have Art. V on Suffrage, and Art. IX-C on COMELEC
A: Fiscal autonomy contemplates a guarantee of full flexibility to
allocate and utilize their resources with the wisdom and dispatch that their Relate to Art. XI, Sec 1 – “Public office is a public trust. Public officers and
needs require. It recognizes the power and authority to levy, assess and employees must at all times be accountabels to the people, serve them with
collect fees, fix rates of compensation not exceeding the highest rates utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
authorized by law for compensation and pay plans of the govt and allocate justice, and lead modest lives.”
and disburse such sums as may be provided by law or prescribed by them in
the course of the discharge of their functions. Fiscal autonomy means Because sovereignty resides in the people, public office is a public
freedom from the outside control. trust. Hence, there is the sense of accountability.
III. Sec. 2, Art II – “ The Philippines renounces war as an
instrument of national policy, adopts the generally

accepted principles of international law as part of the law
of the land and adhere to the policy of peace, equality, A: NO! This clause should not be lifted out of context. Look
st
justice, freedom, cooperation, and amity with all nations” at the 1 sentence of the provision – that the civilian authority is supreme
over the military. Thus, the AFP’s role must be understood within the
War is renounced as an instrument of national policy. Thus, no one has the context of civilian supremacy.
power to declare war
BUT: Congress can declare a “State of War” INTEGRATED BAR OF THE PHILS. v. ZAMORA
Also, the President can only use military powers in case of FACTS : Estrada issued an LOI deploying the marines all over Metro Manila
invasion, rebellion, etc. He has no power to declare war. HELD: (1) Civilian Supremacy Clause not Violated – The calling of the
BUT, does not that when we are attacked, we cannot engage in marines in this case constitutes permissible use of military assets for civilian
war! enforcement. The limited participation of the Marine is evident in the
provisions of the LOI, which provides the metes and bounds of their
Constitution only renounces offensive war, not defensive war authority. The local police forces are in charge of the visibility patrols – the
This is one of the Rights of States: real authority belongs to the PNP, the Metro Manila Police Chief is the
overall leader of the PNP-Philippine Marines joint visibility patrols.
1. Sovereignty and Independence
2. Property and Jurisdiction (2) Deployment of Marines to assist the PNP does not unmake the civilian
3. Equality character of the PNP – the Marines render only assistance in conducting the
4. Existence and Self-Defense patrols. There is no insidious incursion of the military in civilian affairs. In
5. Diplomatic Intercourse fact, military assistance to civilian authorities is rendered in the following
This is constituent with the policy of the UN, of which we are a member. actuations: elections, administration of the Philippine Red Cross, relief and
rescue operations during calamities and disasters, amateur sports,
“Adopt: the generally accepted principles of international law as part of the promotion and development, development of the culture and the arts,
law of the land”. Reaffirms the Doctrine of Incorporation conservation of natural resources, implementation of the agrarian reform
program, enforcement of customs laws, composite civilian-military law
Examples of generally accepted principles of International Law
enforcement activities, conduct of licensure examinations, conduct of
1. Pacta sunt servanda
nationwide tests for elementary and highschool students, anti-drug
2. Rebus sic stantibus
enforcement activities, sanitary inspections, conduct of census work,
3. State Immunity from Suit
administration of the Civil Aeronautics Board, assistance in installation of
4. Sovereign Equality if States
weather forecasting devices, and peace and order policy formulation in
IV. Sec. 3, Art II – “Civilian authority is at all times, supreme over LGUs.
the military. The AFP is the protector of the people and
V. Sec. 4, Art. II – “The prime duty of the Government is to serve
the State. Its goal is to secure the sovereignty of the State
and protect the people. The Government may call upon
snd the integrity of the national territory. (Civilian
the people to defend the State and, in the fulfillment
Supremacy Clause)
thereof, all citizens may be required, under conditions
It is expressly stated that it is SUPREME over the military provided by law, to render personal military on civil
service.”
Role of the AFP:
1. Secure State sovereignty Q: What is the Government’s Duty?
2. Secure integrity of the national territory A: To serve and protect the people
Q: The provision says the AFP is the “protector of the people Service to the State
and the State” Does this justify a coup d’ etat?

Q: It states that the government may call upon the people to TANO v. SOCRATES (GR. 110249, 21 Aug. 1997)
defend the State. Does this amount to involuntary servitude?
A: NO! This is an exception to the rule n involuntary FACTS: The Province of Palawan and City of Pierto Princesa enacted
servitude: ordinances prohibiting the catching and exportation of live tropical fishes.
Some fishermen were apprehended for violating said ordinances, They now
challenge the constitutionality of said ordinances, invoking their preferential
Exceptions to the rule on involuntary servitude:
1. Military service to defend the State rights as subsistence fishermen to the use of our communal marine
2. Penal punishment resources.
3. Assumption of jurisdiction of DOLE in labor cases HELD: The preferential rights of subsistence fishermen to the use of marine
4. Mariners and pilots resources is not absolute. Marine resources, per the Regalian Dontrine and
5. Minor children under the patria potestas of parents under Art. XII, Sec. 2, belongs to the State, and their exploration,
development and utilization shall be under the State’s full control and
Note that the provisions says “PERSONAL service” supervision. It is a policy enshrined in the Constitution that the State has the
Thus, one cannot hire mercenaries to take one’s place. duty to protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature. The
VI. Sec. 16, Art. II – “The State shall protect and advance the right ordinances are meant precise to this, so that the enjoyment of our resources
of the people to a balanced and healthful ecology in may be guaranteed for the present and future generations. The right to a
accord with the rhythm and harmony of nature.” balanced and healthful ecology carries with it a correlative duty to refrain
from impairing the environment.
Q: This refers to a right of the people. Why is this
found in Art. II and not in Art. III (Bill of Rights)? VII. Provisions on Economic Policy
1. Art. XII, Sec. 10(2) – “In the grant of rights, privileges, and
A: This right belongs to a different category of rights! concessions covering the national economy and
– Oposa v. Factoran (224 SCRA 792, 1993) patrimony, the State shall give preference to qualified
HELD: While this right is found under the Filipinos”
Declaration of Principles and State Polivies, it does not
follow that it is less important than any of the c ivil and This is known as the “Filipino First Policy”
political rights under the Bill of Rights. This right belongs MANILA PRINCE HOTEL v. GSIS (GR. 118295, 02 May 1997, 267 SCRA
to a different category of rights, since it concerns nothing 402)
less than self preservation and self- perpetuation, the
advance of which may be said to predate all governments FACTS: The Manila Hotel, which was previously owned by a US
and Constitutions, since they are presumed to exist from Corporation, was then owned by GSIS. Pursuant to the policy of
the inception of humankind. Privatization, the GSIS held it up for bidding. The Filipino Corporation lost.
However, it offered to match the bid of the winning foreign corporation.
This is self-executing provision! (Oposa v. Factoran) Thus, its
violation gives rise to a cause of action. HELD: (1) Art. XI, Sec. 10 (2) is a self-executing provision. It is a
mandatory, positive command that is complete in itself and which needs no
In relation to the Preferential Right of Subsistence Fishermen to the further guidelines or implementing laws or rules for its enforcement, it does
Use of Communal Marine and Fishing Resources not require any legislation to put it in operation.
Art. XIII, Sec. 7 – “ The State shall protect the rights of (2) The word “patrimony” means heritage. Heritage includes not only natural
subsistence fishermen, especially of local communities, to resources but also our national and cultural heritage. While the Manila Hotel
the preferential use of communal marine and fishing was not originally Filipino, it has become truly Filipino, with its own history. It
resources, both inland and offshore.” is a mute witness to our history.

2. Art. II, Sec. 19 – “The State shall develop a self-reliant and This refers to the method of teaching
independent national economy effectively controlled by
Filipinos” 4. Who may be admitted to study?
TAÑADA v. ANGARA (272 SCRA 18, [1997]) This refers to the students
HELD: This economic policy does not rule out the entry of foreign Right of the School to Determine Who may be Admitted to Study
investments, goods, and services, nor does it contemplate “economic Thus, mandamus would not lie to compel a school to
exclusion” or “mendicancy in the international community”. Aside from accept a student
envisioning a trade policy based on “equality and reciprocity”, the
fundamental law encourages industries that are “competitive in bothe BUT: once the school admitted the student, there is now a
domestic and foreign markets”, thereby demonstrating a clear policy against contract between them – this a contract with PUBLIC
a sheltered domestic trade environment, but one in favor of the gradual INTEREST
development of robust industries that can compete with the best in the Thus, the school may not arbitrarily dismiss or
foreign market. expel a student – it should be based on either:
VIII. Provisions on Education 1. Failure to meet minimum academic
Academic Freedom – Art. XIV, Sec. 5 (2) – “Academic freedom requirements prescribed for the
shall be enjoyed in all institutions of higher learning.” school or for the subject;
Note that the provision says “institutions of higher 2. Violation of the school’s rules of
learning” discipline
This refers to the tertiary level only! Also, the school must conduct an investigation –
it must observe due process to establish the
Q: What is “academic Freedom”? culpability of the student
A: This is the right of the school or college to dictate UP BOARD OF REGENTS v. CA (GR. 134625, 31 Aug. 1999)
for itself, its aims and objectives, and how best to
attain them – free from outside coercion or FACTS: Aroklaswamy Willuan Margaret Celine was given a masteral degree
interference save possible when the overriding and was allowed to graduate. Subsequently, however, it was discovered
public welfare calls fro some restraint. It has a that her thesis was plagiarized. Thus, UP revoked her degree.
wide sphere of autonomy. (University of San HELD: If an institution of higher learning can decide who can and who
Agustin v. CA [23 SCRA 761]) cannot study in it, it can also determine on whom it can convey the honor
Subsumed in the tern academic freedom is the freedom to and distinction of being its graduates. If the conferment of an honor or
determine, on academic grounds, the following: distinction was obtained through fraud, a university can revoke or withdraw
such honor or distinction. This freedom does not terminate upon a student’s
1. Who may teach? graduation, since it is precisely the “graduation” that is in question.
This refers to the faculty Art. XIV, Sec. 4(1) – “The State recognizes the complementary role of public
2. What may be taught? and private institution in the educational system and shall exercise
reasonable supervision and regulation of all educational institutions”
This refers to the subject and courses to
be offered This deals with the State’s power to regulate educational
institutions
MIRIAM COLLEGE FOUNDATION v. CA (348 SCRA 265, 15 Dec. 2000)
3. How it shall be taught?

HELD: The power of the State to regulate educational institutions is subject NOTE: The terms are always used in the plural form
to the requirement of reasonableness. Moreover, what is allowed is only the
regulation and supervision of educational institutions not the deprivation of 3. Ancestral Domain and Ancestral Lands, Definition and
their rights. Nature (Separate Opinion of J. Puno)
Nature:: These are private property of indigenous peoples – it does not
constitute part of the land of the public domain
IX. Rights of Indigenous Peoples
Definitions:
CRUZ v. SECRETARY of DENR (GR. 135385, 06 Dec 2000)
(1) Ancestral Domain – Sec. 3(a), IPRA
FACTS: The constitutionality of RA 8371 (Indigenous Peoples Reform Act)
was quesrioned. The SC en banc voted 7-7, hence, since the presumption Ancestral Domain all areas belonging to ICCs/ IPs held under
is for constitutionality, such presumption was not overthrown, and the law a claim of ownership, occupied or possessed by ICCs/IPs by
was declared unconstitutional. Each justice wrote a separate opinion, and themselves or through their ancestors, communally or
all opinions form part of the decision. individually since time immemorial, continuously until the
present, except when interrupted by war, force majeure or
SALIENT POINTS displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings with
1. Nature of RA 8371(Separate Opinion of J. Puno) government and/or private individuals or corporations
RA 8371:
(1) Recognizes the existence of the indigenous cultural It comprise lands, inland waters, coastal areas, and natural
communities (ICCs) or indigenous peoples (IPs) as a resources therein, including ancestral lands, forests, pasture,
distinct sector in the Philippine society residential, agricultural and other lands whether alienable or
(2) Grants them the ownership and possession of their not, hunting grounds, burial grounds, worship areas, bodies of
ancestral domains and ancestral lands, and defines the water, mineral and other natural resources.
extent of these lands and domains,
(2) Ancestral Land - Sec. 3(b), IPRA
(3) Gives the indigenous concept of ownership under
customary law which traces its origin to native title. These are lands held by the ICCs/IPs under the same
2. Definition and Distinction ICCs/IPs (Separate Opinion of conditions as ancestral domains except that these are limited
J. Kapunan) to lands and that these land are not merely occupied and
Sec. 3, RA 8371 – IPs/ICCs “refer to a group of people or possessed but are also utilized by them under claims of
homogenous societies identified by self-ascription and individual or traditional group ownership.
ascription of others, who have continuously lived as organized
community on communally bounded and defined territory, and
who have, under claims of ownership since time immemorial, Thus, Ancestral Domain is a broader concept – it includes Ancestral Lands
occupied, possessed and utilized such territories, sharing 4. Acquisition by ICCs/IPs of their Rights to their
common bonds of language, customs, traditions, and other Ancestral Domains and Lands (Separate Opinion of J.
distinctive cultural traits, or who have, through resistance to Puno)
political, social and cultural inroads of colonization, non-
indigenous religions and cultures, became historically 2 ways:
differentiated from the majority of Filipinos.
(1) By Native Title – over both Ancestral Domain and
NOTE: There is really no difference between the 2 terms, except: Ancestral Lands
ICCs – the term used in the Constitution (2) By Torrens Title under the Public Land Act – over
Ancestral Lands only.
IPs – the term used in the international community and the UN

5. Native Title, Concept (Separate Opinion of J. Puno) Ownership by Native Title
This refers to the ICCs/IPs pre-conquered rights to lands Here, the land has been held by its
and domains held under a claim of private ownership as far back as possessor and his predecessor-in-
memory reaches. interest in the concept of an owner since
time immemorialThus, the land is not
Theses lands are deemed NEVER to have been public
acquired from the State – there was no
lands and are presumed to have been held privately since before transfer from the State
the Spanish Conquest.
The land is private in character as far
This right of private ownership is peculiarly granted to back as memory reaches.
ICCs/IPs over their Ancestral Lands and Domains.
7. Jura Regalia – requires that private title to land must
Formal recognition of this right is embodies in a Certificate be traced to some grant – express or implied – from
of Ancestral Domain Title (CADT) the Spanish Crown or its successors – the American
A CADT is just like a Torrens Title – it is evidence of Colonial Government and after, the Philippine
private ownership of land by native title. Government.
6. Ownership by Acquisitive Prescription v. Ownership by Q: Does jura regalia negate native title?
Native Title (Separate Opinion of J. Kapunan) A: NO!
Ownership by Acquisitive Prescription In Cariño v. Insular Government, the SC has held that
Involves a conversion of the property’s character when as far back as testimony or memory goes, the land has been
from alienable public l and to private land held by individuals under a claim of private ownership, it will be
presumed to have been held in the same way from before the
Thus, there is a transfer for title from the State to Spanish conquest, and never to have been public land.
a private person
Native title is an exception to jura regalia.
Meaning, the land is originally public land, which
is converted to private Art. XII, Sec 2. – “All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of potential
Note: This requires that the land is alienable energy, fisheries, forest or timber, wildlife, flora and fauna and other
Public Land – Art. XII, sec. 3 – “Lands of the public natural resources are owned by the State”
domain are classified into agricultural, forest or timber, This is the recognition of the Doctrine of Jura Regalia
mineral lands, and national parks”
Of these, only agricultural lands are alienable
ELECTION LAW
Requirement for Acquisitive Prescription
– the private individual must have Significant Laws
possessed the land open, continuously,
exclusively, adversely, and notoriously, BP 881 – Omnibus Election Code
in the concept of an owner, for either of RA 6646 – Electoral Reform Law of 1987
the following periods:
RA 7166
(1) 30 years – bad faith
RA9006 – Fair Election Act
(2) 10 years – good faith
RA 9189 – Absentee Voter’s Act of 2003

Election Process divided into 3 stages: NLRC Miranda v. Abaya
(1) Pre-election Sec. 26 OEC
(2) During election COMELEC -Disqualification Cases
Resolution
(3) Post Election Sec. 68 OEC
Sec. 69 OEC (5 days)
PRE-ELECTION STAGE Sec. 78 OEC (25
days)
Registration of Voters
Q: Who may register?
A: Only those who are qualified. Q: Is there an exception to the residence qualification?
VOTER’S QUALIFICATIONS A: Yes. RA 9189 (Absentee Voter’s Act of 2003)
Art. V, Sec. 1 – “Suffrage may be exercised by all citizens of the Philippines MACALINTAL v. COMELEC
not otherwise disqualified by law, who are at least eighteen years of age and HELD: Under the ABSENTEE VOTER’S ACT OF 2003, overseas absentee
who shall have resided in the Philippines for at least one year and in the voters are allowed to vote for President, Vice-President, Senators and Party-
place wherein they propose to vote for at least six months preceding the List representatives. This is a clear intent to enfranchise Filipinos abroad, to
election. No literacy, property or other substantive requirement shall be allow them to have a voice in the selection of our leaders. This refers to
imposed on the exercise of suffrage.” IMMIGRANTS and those who acquire the right to reside therein. It does not
(1) citizens of the Philippines pertain to NATURALIZED CITIZENS. However, there must be an affidavit
executed by these Filipinos abroad that they will return and resume
(2) not otherwise disqualified by law residence in the Philippines within 3 years.
(3) at least 18 years of age ‐ This is an exception to residence qualification
(4) resident of the Philippines for at least one year and of the place wherein ‐ For purposes of election law, one’s domicile is that to which the
they propose to vote for at least six months immediately preceding the Constitution refers when it speaks of residence
elections
Section 8, BP 881
Election Period: 90 days before the day of the election and shall end 30 days
thereafter
‐ Failure of Elections
-Registration -Filing of Certificate of -Campaign Period Sec. 6 OEC Sec. 4 (70 Art. VII
Candidacy Sec. 4 RA 7166 Sec. 17 Art. VII
Art. V. Sec 1
Sec. 79(A) OEC Mitmug v. Sec. 2(2) Art. IX-C
-Substitution of
Sec. 73 OEC Candidates COMELEC
-Political Parties
Monsale v. Nico Sec. 77 OEC ‐ Election Protest
Art. IX-C, Sec 2(5)
Sec. 66 OEC Sec. 12 RA 9006 ‐ Pre-Proclamation
Counter protest
PNOC-EDC v. Sec. 241,242,243

OEC Kho v. COMELEC A: No. It is merely a condition precedent for the exercise of the right
of suffrage. Registration laws are police power measures designed
Sec. 15, RA 7166 ‐ Quo Warranto to ensure that only those who possess qualifications and none of
the disqualifications can be allowed to exercise the right of suffrage.
They are for the purpose of conducting an honest and free election.
‐ Effects of ‐ Effect of Death
Disqualification REGISTRATION OF POLITICAL PARTIES
De Castro v. COMELEC
Sec. 6, RA 7166 Q: Who has the power to register political parties?
Santiago v. FVR
Guerrero v. A: COMELEC in accordance with Article IX-C, Sec. 2(5). It is the
COMELEC registration with COMELEC that vests personality to an organization as a
political party.
Loong v.
COMELEC Art. IX-C, Sec. 2(5) – ORGANIZATIONS THAT MAY NOT BE REGISTERED
AS POLITICAL PARTIES
Salcedo v.
COMELEC (1) religious denominations and sects
Tecson v. (2) those which seek to achieve their goals through violence or
COMELEC unlawful means
(3) those which refuse to uphold the Constitution
(4) those which are supported by any foreign government
Art. V, Sec. 2 – “The Congress shall provide a system for securing Art. IX-C, Sec. 2(5) Par. 2 – “ Financial contributions from foreign
the secrecy and sanctity of the ballot as well as a system for governments and their agencies to political parties, organization,
absentee voting by qualified Filipinos abroad xxx” coalitions, or candidates related to elections constitute interference
in national affairs, and when accepted, shall be an additional
Provides for: ground for the cancellation of their registration with the
(1) A system for securing the security and sanctity of ballots Commission, in addition to their penalties that may be prescribed
by law.”
(2) A system for absentee voting
This constitute an election offense in accordance to Section 81,
EXIT POLLS Omnibus election Code – “Intervention of foreigners- it shall be unlawful for
any foreigners, whether judicial (juridical) or natural person, to aid any
The reason for securing the sanctity/secrecy of ballots is to avoid vote candidate or political party, directly or indirectly, or to take part in or influence
buying through voter identification. What is forbidden is the association of in any manner any election, or to contribute or make any expenditure in
voters with their respective votes for the purpose of assuring that votes have connection with any election campaign or partisan political activity.”
been cast in accordance with the instruction of a third party.
MULTI-PARTY SYSTEM
Exit polls conducted by ABS-CBN does not violate the sanctity of ballots.
The contents of the ballots are not exposed. The revelation is not We are supposed to have a multi-party system as provided under Art. IX-C,
compulsory but voluntary. Also, voters are not required to reveal their Sec. 6 – “A free and open party system shall be allowed to evolve according
names. (ABS-CBN v. COMELEC) to the free choice of the people, subject to the provisions of this Article.”
Q: Even if you possess all qualifications and none of the ELECTION PERIOD
disqualifications. If you fail to register you will not be able/ allowed
Q: What is the election period?
to vote. Is registration then an additional qualification of a voter?

A: Art. IX-C, Sec. 9 provides that “unless otherwise fixed by the certificate of candidacy by himself of through an accredited political party,
Commission in special cases, the election period shall commence aggroupment, or coalition of parties.”
90 days before the day of election and shall end 30 days
thereafter.” Q: Does Pichay’s as “itanim sa senado” even before the elections and
campaign period violate Sec. 80 of the OEC?
PROHIBITED ACTIVITIES DURING ELECTION PERIOD
A: No. At that time, Pichay has not yet filed his certificate of
(1) construction of public highways/ public works candidacy. He is not yet a candidate within the meaning of the law.
(2) public employment, appointment Therefore, it cannot be considered as an election campaign.
FILING OF CERTIFICATE OF CANDIDACY
CAMPAIGN PERIOD
Sec.76. Omnibus Election Code – “Ministerial duty of receiving and
- duration usually shorter acknowledging receipt – The Commission, provincial election supervisor,
- depends on the office aspired for election registrar or officer designated by the Commission or the board of
-usually starts after the last day of filing of the certificate of candidacy and election inspectors under the succeeding section shall have the ministerial
ends one day before elections. duty to receive and acknowledge receipt of the certificate of candidacy.”
ELECTION CAMPAIGN
It is a ministerial duty on the part of the election official to receive and
‐ “Election Campaign” and “partisan political activity” are the same. acknowledge receipt of the certificate of candidacy. The question of whether
They are used interchangeably. or not a person is disqualified belongs to another tribunal in an appropriate
disqualification case.
‐ Under Sec. 79 (b) Omnibus Election Code, it refers to “an act
designed to promote the election or defeat of a particular candidate Q: Ka Roger went to Laguna to file COC. The election officer refused
or candidates to a public office xxx” because he seeks to achieve goals through violence. Valid?
Section 80, Omnibus Election Code – “ ELECTION CAMPAIGN OR A: No. It is the ministerial duty on the part of the election official to
PARTISAN POLITICAL ACTIVITY OUTSIDE CAMPAIGN PERIOD – It shall receive and acknowledge receipt of the certificate of candidacy. The
be unlawful for any person, whether or not a voter or candidate, or for any question of whether or not a person is disqualified belongs to another
party, or association of persons, to engage in an election campaign or tribunal in an appropriate disqualification case.
partisan political activity except during the campaign period: PROVIDED,
that political parties may hold political conventions or meetings to nominate
their official candidates within 30 days before the commencement of the PERIOD
campaign period and 45 days for Presidential and Vice-Presidential
election.” Sec. 73, 1st sentence, OEC – “No person shall be eligible for any elective
public office unless he files a sworn certificate of candidacy within the period
GENERAL RULE: It is unlawful for any person to engage in an election fixed herein xxx”
campaign except during the campaign period. Otherwise, it will be an
election offense. The certificate of candidacy must be filed within the period prescribed by
law.
EXCEPTION: Political parties may hold political conventions to nominate
their candidates within 30 days before the commencement of the campaign Late filing not allowed
period within 45 days for President and Vice-President elections. rd
Sec. 73, 3 sentence, OEC – “No person shall be eligible for more than one
CANDIDATE office to be filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any of them
Sec. 79(a) Omnibus Election Code – “ the term “CANDIDATE” refers to xxx”
any person aspiring for or seeking an elective public office, who has filed a
The certificate of candidacy must be filed for only one office in an election

If a candidate files his certificate of candidacy for more than one office, he PNOC-EDC v. NLRC
shall not be eligible for any of them.
HELD: The OEC does not distinguish between employees of GOCCs which
have original charters and those that do not have one.
WITHDRAWAL
Q: Can you withdraw the certificate of candidacy? Elective Officials
A: Yes. A person who has filed a certificate of candidacy may, prior to Sec. 67, OEC – “Candidates holding elective office xxx” has already been
the election, withdraw the same by submitting to the office concerned a repealed by the Repealing Clause of the Fair Election Act under Sec. 14, RA
nd
written declaration under oath. (Sec. 73, 2 sentence, OEC) 9006 – “Repealing Clause. Sec 67 and 85 0f the EOC xxx are hereby
repealed.”
MONSALE v. NICO
Q: What governs now?
On the last day of filing of certificate of candidacy. March 31, Jose Monsale
withdrew his certificate of candidacy. April 1, campaign started. On April 2, A: Secton 38, COMELEC Resolution 7767 (30 Nov 2006),
he wanted to run again so he filed a written declaration withdrawing his Implementing Rules of the Fair Election Act – “Effect of Filing Certificate of
withdrawal. Candidacy of Elective Officials – Any elective official, whether national or
local, who has filed a certificate of candidacy for the same or other office
HELD: The withdrawal of the withdrawal of the certificate of candidacy shall not be considered resigned from his office.”
made after the last day of filing is considered as filing of a new certificate of
candidacy. Hence, it was not allowed since it was filed out of time.
FARIÑAS v. EXECUTIVE SECRETARY
EFFECT OF FILING OF A CERTIFICATE OF CANDIDACY HELD: The provision of the Fair Election Act (RA 9006) to the extent that it
repealed Sec.67 of OEC is constitutional.
Appointive Officials
Q: Vice-governor filed a certificate of candidacy for governor. What is
Sec. 66. OEC – “Candidates holding appointive office or position – Any the effect?
person holding a public appointive office or position, including active
members of the Armed Forces of the Philippines, and officers and A: He is NOT ipso facto considered resigned. Sec. 67 OEC has been
employees in the government-owned or controlled corporations, shall be repealed by the FAIR ELECTION ACT (RA 9006). Any elective official,
considered ipso facto resigned from his office upon the filing of his certificate national or local shall not be considered as resigned from their elective
of candidacy.” office.
Q: X, a municipal treasurer filed a certificate of candidacy for governor.
What is the effect?
SUBSTITUTION OF CANDIDATES
A: He is considered ipso facto resigned.
Q: What are the GROUNDS for substitution of candidates?
Q: Is there a need to resign?
A: Sec.77, OEC enumerates 3Grounds:
A: NO! The appointive official is ipso facto resigned. Ipso facto means
no need to resign. (1) Death
(2) Disqualification
Q: What if after filing, the appointive official withdrew his certificate of (3) Withdrawal of another
candidacy. Can he be reinstated to his former position?
A: No! What matters is the moment of filing. Section 77. OEC – “Candidates in case of death, disqualification or
withdrawal of another. - If after the last day for the filing of certificates of

candidacy, an official candidate of a registered or accredited political party MIRANDA v. ABAYA
dies, withdraws or is disqualified for any cause, only a person belonging to,
and certified by, the same political party may file a certificate of candidacy to FACTS: In the 1998 election, mayor Miranda of Isabela, already served 8
replace the candidate who died, withdrew or was disqualified. The substitute consecutive terms, yet he still filed a certificate of candidacy. As a result,
candidate nominated by the political party concerned may file his certificate Abaya filed a disqualification case. COMELEC then disqualified Miranda
and cancelled his certificate of candidacy. The son of Miranda, Joel, upon
of candidacy for the office affected in accordance with the preceding
sections not later than mid-day of the day of the election. If the death, nomination of their political party, filed a certificate as a substitute. Joel
withdrawal or disqualification should occur between the day before the Miranda won.
election and mid-day of election day, said certificate may be filed with any HELD: There was no valid substitution. COMELEC did not only disqualify
board of election inspectors in the political subdivision where he is a Miranda but also cancelled his certificate of candidacy. Therefore, he
candidate, or, in the case of candidates to be voted for by the entire cannot be validly substituted. It is as if he was not a candidate.
electorate of the country, with the Commission.”
Even on the most basic and fundamental principles, it is already
Q: When may substitution take place? understood that the concept of a substitute presupposes the existence of the
person to be substituted, for how can a person take the place of somebody
A: Substitution can only take place on the first day of campaign period
until NOT later than mid-day of election day. who does not exist or who never was. The court has no other choice but to
rule that in all instances enumerated in Sec.77 of the OEC, the existence of
Q: Martin de Guzman, a candidate for mayor, died 3 days before the a valid certificate of candidacy seasonably filed is a requisite sine quo non.
election. Can his wife substitute him?
All told, a disqualified candidate may only be substituted if he had a
A: It depends. Under Sec. 77, only a candidate belonging to the same valid certificate of candidacy in the first place because if the disqualified
political party may be substituted. By implication, an independent candidate did not have a valid and seasonably filed COC, he is and was not
or those who do not belong to any political party may not be validly a candidate at all. If a person was not a candidate, he cannot be substituted
substituted because nobody will qualify. under Sec. 77 of the OEC.
Q: What are the requirements for substitution? The purpose of the law in requiring the filing of the COC and in fixing the
time limit therefore are:
A: (1) nominated by the political party concerned
(a) To enable the voters to know at least 60 days before the regular
(2) certified by the political party concerned election, the candidates among whom they are to make the choice
Q: Martin de Guzman died while campaigning. His son substituted him. and
Voters on the day of the election wrote Martin de Guzman instead of (b) To avoid confusion and inconvenience in the tabulation of the votes
casting the same in the name of his son, Joel de Guzman. Should the cast
votes be counted in favor of Joel?
Q: Considering that Joel possesses all the qualifications, can he be
A: Yes! As a general rule, under RA 9006, Sec. 12, the same will be
considered as a candidate in his own right?
considered as stray votes but will not invalidate the whole ballot.
Exception is when the substitute carries the same family name, the said A: No. The certificate of candidacy was filed long after the last day of
provision will not apply. filing (Sec. 73, OEC)
Section 12. RA 9006 – “Substitution of Candidates. In case of valid
substitutions after the official ballots have been printed, the votes cast for the
substituted candidates shall be considered as stray votes but shall not The existence of a certificate of candidacy is a condition sine qua non under
invalidate the whole ballot. For this purpose, the official ballots shall provide Section 77.
spaces where the voters may write the name of the substitute candidates if
they are voting for the latter: Provided, however, That if the substitute
candidate of the same family name, this provision shall not apply.”

Q: Since there was no valid substitution, should the candidate who HELD: The Court agreed and did not apply the doctrine of the rejection of
obtained the second highest vote be proclaimed? the second placer. The one who obtained the second highest number of
votes was the one actually proclaimed. This is very peculiar because here,
A: No. Under the doctrine on the rejection of second placer, the there is only one candidate. Since Cayat was disqualified, it is as if he is not
second placer is just like that – second placer. He was not the choice of the a candidate. Hence, there is no second placer here.
electorate. The wreath (crown) of victory cannot be transferred to the
repudiated loser. (Cayat v. COMELEC citing Butch Aquino v. COMELEC The doctrine of the rejection of second placer is not applicable because of
and Sunga v. COMELEC) Sec.6 of RA 6646
Q: Who will now assume the position of mayorship? Also, under Section 6, RA 6646 (Electoral Reform Law of 1987 – Effect of
st
disqualification) which contemplates of 2 situations, it is the 1 sentence
A: Following the rule on succession, it is the Vice-Mayor. which applies to Cayat. He was declared by final judgment, to be
disqualified because the decision attained finality even 2 weeks before the
election. He shall therefore not be voted for and the votes cast for him shall
LABO DOCTRINE not be counted.
The thrust is what to do with the votes cast for a disqualified candidate. The second sentence contemplates that there was a disqualification case
Should they be considered as stray votes? filed before the COMELEC but for whatever reason, COMELEC was not
SC: No! That would disenfranchise the majority. The votes cast for the able to render a decision before the election and such candidate won in the
disqualified are not stray votes they are valid votes only that the candidate election, in which case, the court or Commission shall continue with the trial
was later on found to be disqualified. and hearing of the election, inquiry or protest.
It would have been different if his disqualification was so apparent,

so notorious, so much so that the people, notwithstanding that they knew DISQUALIFICATIONS/REMEDIES BEFORE ELECTION
him to be disqualified, they still voted for him in which case the votes cast for
him shall be considered as protest votes. Protest votes are considered as Any disqualification filed before the election, whether pursuant to Sections
stray votes. But not in this case, where the people of Baguio voted for Labo 68, 69 and 78 of OEC, the jurisdiction is with the COMELEC
only to find out that he is disqualified. (1) Section 68, OEC – “Disqualifications. - Any candidate who, in an
You cannot apply Labo Doctrine in Party-List because of Section 10, RA action or protest in which he is a party is declared by final decision
7941 of a competent court guilty of, or found by the Commission of
having:
CAYAT v. COMELEC
(a) given money or other material consideration to influence, induce
FACTS: Rev. Fr. Nardo Cayat ran for Mayor. Palileng, his opponent, found or corrupt the voters or public officials performing electoral
out that Cayat, before the elections, was previously convicted of acts of functions;
lasciviousness although he was granted probation. His candidacy was then
questioned in a disqualification case invoking Section 40 pf the LGC. (b) committed acts of terrorism to enhance his candidacy;
(Disqualification – The following persons are disqualified from running for (c) spent in his election campaign an amount in excess of that
any elective local position: (a) those sentenced by final judgment for an allowed by this Code;
offense involving moral turpitude or for an offense punishable by one (1)
year or more of imprisonment, within (2) years after serving sentence ; xxx) . (d) solicited, received or made any contribution prohibited under
COMELEC disqualified Cayat on the ground of conviction of an offense Sections 89, 95, 96, 97 and 104; or
involving moral turpitude. However, Cayat alleged that he did not receive a
copy of the judgment. That decision disqualifying Cayat became final even 2 (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d,
weeks before the election. Still, Cayat won in the election. Palileng claimed e, k, v, and cc, subparagraph 6,
that since Cayat is disqualified, he should be the one proclaimed.

shall be disqualified from continuing as a candidate, or if he has HELD: No. The petition was filed out of time. The disqualification case
been elected, from holding the office.” under Sec. 78 should be filed within 25 days from the date the candidate
who made the misrepresentation filed his certificate of candidacy, not on the
Any person who is a permanent resident of or an immigrant to a foreign date of discovery. The 25-day period is mandatory.
country shall not be qualified to run for any elective office under this Code,
unless said person has waived his status as permanent resident or Q: What then is the remedy?
immigrant of a foreign country in accordance with the residence requirement
provided for in the election laws. A: There is a GAP in the law, which must be addressed by Congress.
Violation of election laws is without prejudice to the filing of criminal action. SALCEDO v. COMLELEC
(2) Section 69, OEC – “Nuisance candidates. - The Commission may HELD: Material misrepresentation refers to the QUALIFICATIONS of the
motu proprio or upon a verified petition of an interested party, refuse to give elective official for the elective office and NOT to any innocuous mistake.
due course to or cancel a certificate of candidacy if the candidate is a There must be a deliberate intent to deceive the people to one’s qualification
nuisance candidate.” for public office.
Q: Who is NUISANCE CANDIDATE? TECSON v. COMELEC

FACTS: A disqualification case was filed against FPJ in accordance with
A: A nuisance candidate is a candidate who has no bona fide intention
to run, his purpose is merely to put the election process in mockery or Sec. 78 on the ground of material representation as to the citizenship.
disrepute or to cause confusion among the voters by the similarity of the HELD: There was no material misrepresentation. The misrepresentation
names of the registered candidates or by other circumstances or acts must not only be material. There must also be a deliberate intent to mislead
intended to prevent a faithful determination of the true will of the electorate. or deceive as to one’s qualification to public office.
(Bautista v. COMELEC)
EFFECT OF DISQUALIFICATION CASES

Period to file a petition
Section 6. RA 6646 – “Effect of Disqualification Case. - Any candidate who
Within five (5) days from the last day of filing of the certificate of candidacy has been declared by final judgment to be disqualified shall not be voted for,
assuming that COMELEC did not act motu proprio. and the votes cast for him shall not be counted. If for any reason a candidate
(3) Section 78, OEC – “Petition to deny due course to or cancel a is not declared by final judgment before an election to be disqualified and he
certificate of candidacy. - A verified petition seeking to deny due course or to is voted for and receives the winning number of votes in such election, the
cancel a certificate of candidacy may be filed by the person exclusively on Court or Commission shall continue with the trial and hearing of the action,
the ground that any material representation contained therein as required inquiry, or protest and, upon motion of the complainant or any intervenor,
under Section 74 hereof is false. Xxx” may during the pendency thereof order the suspension of the proclamation
of such candidate whenever the evidence of his guilt is strong.”
Period to file a petition
ROMUALDEZ-MARCOS v. COMELEC
Within twenty-five (25) days from the time the candidate filed his certificate
of candidacy/ from the date the candidate alleged to have made There was yet no proclamation, hence not yet a member of the HOR.
misrepresentation in the COC filed. COMELEC still has jurisdictom
LOONG v. COMELEC GUERRERO v. COMELEC
FACTS: Loong was a candidate for Vice-Governor in ARMM. There was an Fariñas was elected, proclaimed and took his oath. The COMELEC ousted
election held but there was yet no proclamation. Eventually, it was found out itself of jurisdiction. SC upheld COMELEC. It was recognition of the power
that Loong was still underage. Can the petition to disqualify Loong on the of the HRET and the constitutional boundaries.
ground of material misrepresentation prosper?

Election – 7am – 3pm, then counting, members of Board of Canvassers Section 243,OEC – “Issues that may be raised in pre-proclamation
controversy. - The following shall be proper issues that may be raised in a
Return usually 7 copies: pre-proclamation controversy:
(1)COMELEC (a) Illegal composition or proceedings of the board of canvassers;
(2)Treasurer (b) The canvassed election returns are incomplete, contain material
(3)Municipal Judge defects, appear to be tampered with or falsified, or contain
discrepancies in the same returns or in other authentic copies
thereof as mentioned in Sections 233, 234, 235 and 236 of this
The idea is that in case of lost return, they can refer to the other copies. Code;
Number of votes written in words and number (c) The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously manufactured or not
authentic; and
POST ELECTION (d) When substitute or fraudulent returns in controverted polling
places were canvassed, the results of which materially affected the
PRE-PROCLAMATION CASE
standing of the aggrieved candidate or candidates.
Q: After election, but before proclamation, what is the remedy?
Section 243, OEC refers to issues that may ne raised in a pre-proclamation
A: Pre-proclamation case. But this presupposes that there was controversy. There are four (4) grounds, which can be summarized into two
election (2):
Q: After proclamation, what is the remedy? (1) illegality in the composition of proceedings of the BOC – (a)
A: (1) Election Protest (2) illegality in the preparation, transmission, receipt, custody, or
appreciation of election returns – (b, c,d)
(2) Quo Warranto
Eg. Ballot box switching not proper for pre-proclamation case; does not fall
In pre-proclamation cases, the governing provisions are Section 241, 242, under any of the instances under Art. 243 of OEC.
243 OEC.
Once a candidate has been proclaimed, the pending pre-proclamation case
Section 241, OEC – “Definition. - A pre-proclamation controversy refers to should be dismissed. After all, the issues pending in the pre-proclamation
any question pertaining to or affecting the proceedings of the board of case will also be raised in the subsequent Election Protest or Quo Warranto
canvassers which may be raised by any candidate or by any registered case filed.
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
DOCTRINE OF STATISTICAL IMPROBABILITY – LAGUMBAY
of the election returns.”
DONCTRINE
Section 242, OEC – “Commission's exclusive jurisdiction of all pre-
Where there exist similarities in the tallies in favor of candidates belonging to
proclamation controversies. - The Commission shall have exclusive
one party, and results in the blanking out of the opposing candidates, the
jurisdiction of all pre-proclamation controversies. It may motu proprio or upon
election returns are obviously manufactured on the basis of the doctrine of
written petition, and after due notice and hearing, order the partial or total
statistical improbability.
suspension of the proclamation of any candidate-elect or annual partially or
totally any proclamation, if one has been made, as the evidence shall As watcher, object to the inclusion of the canvass of the particular return on
warrant in accordance with the succeeding sections.” the ground that the election returns are obviously manufactured on the basis

of the doctrine of statistical improbability. If still included, it can result to a polling place has not been held on the date fixed, or had been suspended
pre-proclamation controversy. before the hour fixed by law for the closing of the voting, or after the voting
and during the preparation and the transmission of the election returns or in
Pre-proclamation cases is NOT allowed in barangay elections. the custody or canvass thereof, such election results in a failure to elect, and
Section 15, RA 7166 – “Pre-proclamation Cases Not Allowed in Elections in any of such cases the failure or suspension of election would affect the
for President Vice-President, Senator, and Member of the House of result of the election, the Commission shall, on the basis of a verified petition
Representatives. - For purposes of the elections for President, Vice- by any interested party and after due notice and hearing, call for the holding
President, Senator and Member of the House of Representatives, no pre- or continuation of the election not held, suspended or which resulted in a
proclamation cases shall be allowed on matters relating to the preparation, failure to elect on a date reasonably close to the date of the election not
transmission, receipt, custody and appreciation of the election returns or the held, suspended or which resulted in a failure to elect but not later than thirty
certificates of canvass, as the case may be. However, this does not preclude days after the cessation of the cause of such postponement or suspension
the authority of the appropriate canvassing body motu propio or upon written of the election or failure to elect.
complaint of an interested person to correct manifest errors in the certificate GROUNDS FOR FAILURE OF ELECTION
of canvass or election returns before it. “
(1) Force majeure
Questions affecting the composition or proceedings of the board of (2) Violence
canvassers may be initiated in the board or directly with the Commission in (3) Terrorism
accordance with Section 19 hereof. (4) Fraud
Any objection on the election returns before the city or municipal board of (5) Analogous Causes
canvassers, or on the municipal certificates of canvass before the provincial
board of canvassers or district boards of canvassers in Metro Manila Area, SITUATIONS
shall be specifically noticed in the minutes of their respective proceedings.
(1) No election
For purposes of election of –
The election in any polling place has not been held on the date
(1) President fixed on account of FVTFA
(2) Vice-President
(3) Senators (2) Election is suspended
(4) House of Representatives
There can be no pre-proclamation case on matters relating to The election in any polling place has been suspended before the
transmission, custody of election returns; the only issue that can be hour fixed by law for the closing of the voting on account of FVTFA
raised – illegality of the composition or proceeding of the Board of (3) There is a failure to elect
Canvassers
After the voting and during the preparation and transmission of the
Therefore, there can only be a pre-proclamation case on the following: election returns or to the custody or canvass thereof, such election
(1) Municipal officials results in a failure to elect on account of FVTFA; nobody emerged
as winner
(2) City officials
Q: What are the two (2) conditions that must concur before the
(3) Provincial officials COMELEC can act on a verified petition seeking to declare a failure of
election?
Autonomous officials
A: (1) no voting took place in the precinct
FAILURE OF ELECTION
(2) on the date fixed by law or even if there was voting, the election
Section 6, OEC Failure of election. - If, on account of force majeure, resulted in a failure to elect.
violence, terrorism, fraud, or other analogous causes the election in any

Q: Where to file a petition to declare a failure of election? (2) President, Vice-President Elections: Congress acting as Board
of Canvassers
A: COMELEC EN BANC. The majority of the Commission may grant
the petition and schedule special election in areas affected. (3) Senators: COMELEC
(Section 4, RA 7166 – “Postponement, Failure of election and (4) Congressman
special Elections – The postponement, declaration of failure of election and
(a) Lone Congressional district – Provincial BOC
the calling of special elections as provided in Sec. 5, 6, and 7 of the OEC
shall be decided by the Commission sitting en banc by a majority vote of its (b) Several districts – District BOC
Members. The causes for the declaration of a failure of election may occur
before or after the casting of votes or n the day of the election xxx”) It is the ministerial duty of the BOC to proclaim the winning candidate. It has
no discretion whether to proclaim or not. After the last official act, which is
the proclamation, the BOC becomes functus officio and may not validly
BANAGA v. COMELEC reconvene motu proprio. However, when the COMELEC ordered the
reconveyance of the BOC, it may.
Failure of election is the same with petition to annul election returns
General Rule: “xxx All such election cases shall be heard and decided in
POST-ELECTION REMEDIES –After election
division, provided that motions for reconsideration of decisions shall be
decided by the Commision en banc. (Art IX-C, Section 3) ELECTION PROTEST v. QUO WARRANTO
Exception: A petition to declare a failure of election shall be heard by the ELECTION PROTEST QUO WARRANTO
COMELEC en banc.]
- who really won in the election?, - whether the winning candidate is
PRE-PROCLAMATION v. FAILURE OF ELECTION determination of real choice of qualified, eligibility or lack of
In pre-proclamation, there is actually an election that took place electorate qualifications of the candidate
In failure of election, there was no election at all or it was suspended or there

was a failure to elect. - only the candidate running for the - If the winning candidate is
MITMUG v. COMELEC same can file disqualified, he shall be removed
and automatic succession shall
There were 3 candidates for mayor. The total registered voters is 10, 000. apply unless what is removed is not
Only 3,000 voted. There was a low turn out of voters. A petition was filed to - if the protestant wins, he shall be a local elective official, in which
declare a failure of election proclaimed and shall replace the case, the position shall be declared
previously proclaimed winner. vacant, until there is a special
HELD: The petition cannot be granted. There was an election that took
election to fill the vacancy.
place. The law does not require the majority of voters to cast their votes.
There can onlybe a failure of election if the will of the people is defiled and
cannot be determined. - eg. coercion, terrorism, ballot box
switching, vote buying. -eg. Citizenship, residence,
disloyalty to Republic of the
Philippines
PROCLAMATION
DUMAYAS v. COMELEC
Q: Who proclaims the winner?
Election Protest is a contest between the defeated and winning candidates
A: (1) Board of Canvassers
on the ground of frauds or irregularities in the casting and counting of the
ballots or in the preparation of returns. It resolves the question of who

actually obtained the plurality of the legal votes and therefore is entitled to (Appellate)
hold the office.
(Art. IX-C, Sec. 2[2])
Quo warranto raises in issue the disloyalty or ineligibility of the winning
candidate. It is a proceeding to unseat the respondent from office but not
necessarily to install the petitioner in his place. (6) Elective Barangay -MTC (Original)
JURISDICTION Official
(“trial courts of limited
(1) President/ VP - SC en banc , acting - EP 30 days from jurisdiction”)
as Presidential proclamation -COMELEC
Electoral Tribunal (Appellate)
QW 10 days from
(Art. VII, Sec. 4[7]) proclamation
“sole judge”
REYES v. RTC OF ORIENTAL MINDORO

(2) Members of the -EP or QW From the decision of the COMELEC, file first a motion for reconsideration. It
Congress is only the decision of COMELEC EN BANC that is reviewable by the SC.
-Senate Electoral - 15 days after
-Senators Tribunal proclamation TECSON v. COMELEC
-Congressmen -HR Electoral Tribunal - 10 days after Before the election, a petition was filed on the ground of material
proclamation misrepresentation. COMELEC dismissed the petition. TECSON et. al.
(Art. VI, Sec. 17)
argued tha the jurisdiction with the SC.
No appeal
HELD: Contest refers to “post-election” scenario and not pre-election
Or Rule 65 (Special scenario. It shall consist of either an election protest or quo warranto which
Civil Action on are two (2) distinct remedies but with one objective, to unseat winning
Certiorari) candidate. SC has jurisdiction over election contests of President/Vice-
President and NOT candidates. It does NOT include a petition qualifying a
(3) Governor/ Vice- -COMELEC (Original) -10 days from candidate for President/Vice-President. Sc is the sole judge for
Governor proclamation President/Vice-President and NOT over candidates for President/Vice-
(Art. IX-C, Sec. 2[2])
President. Hence, the action was dismissed for lack of jurisdiction and
-SC (Appellate) prematurity.
“election returns” – refers to election protest
(4) Regional/ -COMELEC (Original) “qualification” – refers to quo warranto
Provincial/City
-SC (Appellate) GALIDO v. COMELEC
Notwithstanding the finality of COMELEC’s decision, the parties are NOT
(5) Elective Municipal -RTC (Original) precluded from filing a petition for certiorari with the SC.
Official FRIVALD0 v. COMELEC ; LOONG v. COMELEC
(“trial courts of general
jurisdiction”) If the ground relied upon is lack of citizenship or disloyalty to the Republic,
-COMELEC the period must be extended.

EFFECT OF DEATH OF A PARTY Q: Who shall prosecute election offenses?
Q: What is the effect of death of a party in an election protest? Should A: COMELEC not the fiscal unless the latter is deputized by the
it warrant the dismissal of the protest? COMELEC
A: The death of the protestant neither constitutes a ground for the Q: In case of public official, should COMELEC still prosecute?
dismissal of the contest not ousts the trial court of its jurisdiction to decide
A: COMELEC can still prosecute. It is not the personality of the
the election contest. An election protest involves both the private interests of
the rival candidates and the public interest in the final determination of the accused but the nature of the offense.
real choice of the electorate, and for this reason, an election contest INCLUSION/EXCLUSION PROCEEDINGS
necessarily survives the death of the protestant or the protestee. But while
the right to public office is personal and exclusive to the public officer, an - within the jurisdiction of MTC appealable to RTC
election protest ins not purely personal and exclusive to the protestant or to -RTC decision is not appealable
the protestee such that after the death of either would oust the court of all
authority to continue the protest proceedings. An election contest, after all, WHEN ELECTION PROTEST BECOMES MOOT
involves not merely conflicting private aspirations but is imbued with
Defensor Santiago filed an Election Protest. Subsequently, she ran for
paramount public interests. (DE CASTRO v. COMELEC)
Senator and won. She abandoned her protest when she ran for an office
COUNTER-PROTEST – available to a winning candidate if his election is different frim that of the President.
protested.
RULES ON APPRECIATION OF BALLOTS
A remedy available to a duly proclaimed winner in order to protect one’s
(1) GENERAL RULE – After the elections, the liberal interpretation rule
lead. Allege also the precinct where your opponent cheated.
shall be applied. IN CASE OF DOUBT, the rule in favor of the vote
KHO v. COMELEC being valid as to give effect to the will of the electorate shall be
followed.
Counter protest must be filed within 5 days from receipt of the copy of the
protest. The period is not only mandatory but also jurisdictional. It partakes (2) EQUITY OF INCUMBENT RULE – 2 or more candidates running
the nature of a counterclaim. So that the court is ousted of jurisdiction to for the same office, they bear the same first name, surname or both
entertain a counter protest belatedly filed. and the voter in his ballot wrote only either of the 2, the vote shall
be appreciated in favor of the incumbent. If neither of them is
If a counter protest was belatedly filed, but was erroneously admitted, the incumbent, the votes shall be considered stray votes.
remedy is to file a motion to expunge the counter protest from the records. If
not expunged from the record, file a petition for certiorari under Rule 65. (3) IDEM SONANS RULE or SAME SOUNDS RULE – If the name of
the candidate is misspelled by the voter, for as long as when it is
pronounced, it sounds like the name of the candidate, the vote is
ELECTION OFFENSE counted in the latter’s favor UNLESS it can be considered as
marking, in which case the entire ballot is invalid.
Q: Who has jurisdiction over election offenses?
(4) DESCRIPTIO PERSONAE – rule is the same in idem sonans rule.
A: RTC, except in cases where there is failure to register to vote which
shall be under the MTC. ADMINISTRATIVE LAW
Section 268, OEC – “Jurisdiction of courts. - The regional trial - Promulgated by Pres. Aquino when she still had legislative powers
court shall have the exclusive original jurisdiction to try and decide any pursuant to Article XIII, Section 6 (The incumbent President shall continue to
criminal action or proceedings for violation of this Code, except those exercise legislative powers until the First Congress is convened).
relating to the offense of failure to register or failure to vote which shall be -took effect in 1989, only after 2 years.
under the jurisdiction of the metropolitan or municipal trial courts. From the
decision of the courts, appeal will lie as in other criminal cases. The Code is a general law and incorporates into a unified document the

major structural, functional and procedural principles of governance and question, which is within the jurisdiction of an administrative tribunal.
embodies changes in administrative structures and procedures designed to
serve the people (Ople v. Torres).
- The Code is divided into seven books: ADMINISTRATIVE AGENCIES
Book 1 : Sovereignty and General Administration · Generally, the function is EXECUTIVE

Book 2: Distibution of Powers of the Three Branches of the Government · It implements or enforces
Book 3: Office of the President
Book 4: Executive Branch Ex: COMELEC - main function is to enforce the laws relative to the
Book 5: Constitutional Commissions conduct of election.
Book 6: National Government Budgeting - This is an executive function.
Book 7: Administrative Procedure
- includes the Civil Service Law. · But the law may vest the agency quasi-judicial and quasi-legislative
powers.
Two important definitions of Administrative Law
1. Dean Roscoe Pound
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
it is that branch of modern law under the executive department of the
government, acting in quasi-legislative or quasi-judicial capacity, interferes -refers to the corporate governmental entity through which the functions of
with the conduct of individual for the purpose of promoting the well being of the government are exercised throughout the Philippines including various
the community. arms through which political authority is made effective in the Philippines,
whether pertaining to the autonomous regions, the provincial, city, municipal
2. Professor Goodnow or barangay subdivisions or other forms of local government.
it is that part of public law which fixes the organization of the government
and determines the competence of the authorities who execute the law and
indicates to the individual remedies for the violation of his rights. 2 COMPONENTS:
In both definitions, the focus is on the executive department acting in quasi- (1) Corporate governmental entity, through which the functions of
legislative and quasi-judicial functions. government are exercised throughout the Philippines.
THREE IMPORTANT DOCTRINES (2) Various arms through which political authority is made effective in the
Philippines.
(1) DOCTRINE OF QUALIFIED POLITICAL AGENCY
· Thus, LOCAL GOVERNMENTS are included in the definition of
The members of the cabinets are deemed alter egos of the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
President so that their decision and acts performed in the regular course of
business are deemed acts or decisions of the President UNLESS reprobated (a) They are referred to as “various arms through which political
by the President. authority is made effective in the Philippines” (ADMINISTRATIVE
CODE)
(2) EXHAUSTION OF ADMINISTRATIVE REMEDY
(b) They are referred to as “territorial and political subdivisions of the
Whenever there is an available administrative remedy provided by Republic of the Philippines (Article X, Section 1, 1987
law, no judicial recourse can be made until all such remedies have been CONSTITUTION).
availed of and exhausted.
“The territorial and political subdivisions of the Republic of the
(3) DOCTRINE OF PRIMARY JURISDICTION OR PRIOR RESORT Philippines are the provinces, cities, municipalities and barangays.
The courts cannot and will not resolve a controversy involving a There shall be autonomous regions in Muslim Mindanao and the

Cordilleras.” district unit therein. (Section
*Under the first component, whether the agency is an incorporated or *LGU's are not under the control power of the President. It falls under the
unincorporated agency of the government is included in the definitions. general supervision of the President.
Q. Are government owned or controlled corporations (GOCC's) part of DEPARTMENT
the definition of the GOVERNMENT OF THE REPUBLIC OF THE
- refers to man executive department created by law. (Section
PHILIPPINES?
2[7] Introductory Provisions E.O. 292)
A. It depends -
- Ex: DOJ, DENR, DOH
(1) If the GOCC is performing governmental function, then it is part of
the definition. BUREAU
(2) If the GOCC is performing proprietary function, then it is not part of - any principal subdivision or unit of a department (Section 2 [8]
the definition. Introductory Provisions E.O. 292)
- Ex: BIR under DOF, NBI under DOJ
Q. When is a GOCC deemed to be performing proprietary function? OFFICE

Governmental function? - refers to any major functional unit of a department or bureau
A. If the purpose is to obtain special corporate benefits, or earn including regional offices.
pecuniary profit intended for private benefit, advantage - the function is - Ex: Regional Office of the Bureau of Lands.
proprietary. If it is in the interest of health, safety or the advancement of
public good and welfare affecting the public in general - the function is 3 IMPORTANT ADMINISTRATIVE RELATIONSHIPS
governmental. (Section 38, Chapter 7, Book IV)
ARTICLE VII, Section 17 ARTICLE X, Section 4 (1) SUPERVISION AND CONTROL
CONTROL is the power of the POWER OF GENEREAL “Supervision and Control shall include authority to act directly
superior to direct the SUPERVISION means to generally whenever a specific function is entrusted by law or regulation to a
performance of a duty, oversee, see to it that the local subordinate; direct the performance of duty, restrain the commission of acts;
restrain the commission of governments and their officials perform review, approve, reverse or modify acts and decision of subordinate officials
acts, review, revise, modify, their functions in accordance with law or units; determine priorities in the execution of plans and programs; and
reverse or alter the decisions (no more than that) prescribe standards, guidelines, plans and programs. Unless a different
and even to substitute the meaning is explicitly provided in the specific law governing the relationship of
superior’s own decision. particular agencies, the word “control” shall encompass supervision and
control as defined in this paragraph.
CONTROL is the very heart of
the power of the President. (2) ADMINISTRATIVE SUPERVISION
(Joson V. Torres) “ Administrative Supervision which shall govern the administrative
VARIOUS ADMINISTRATIVE AGENCIES relationship between a department or its equivalent and regulatory agencies
or other agencies as may be provided by law, shall be limited to the authority
AGENCY OF THE GOVERNMENT of the department or its equivalent to generally oversee the operations of
- refers to any of the various units of the government, including a such agencies and to insure that they are managed effectively, efficiently
and economically but without interference with day to day activities; or
department, bureau, office, instrumentality, or government
require the submission of reports and cause the conduct of management
owned or controlled corporations, or a local government or

audit, performance evaluation and inspection to determine compliance with constitutional policies or objectives.
policies, standards and guidelines of the department, to take such actions as
may be necessary for the proper performance of official functions, including - this term includes the state universities and colleges and the
rectification of violations, abuses and other forms of mal-administration, and monetary authority of the state. Section 2 [12] Introductory
to review and pass upon budget proposals such agencies but may not Provisions, E.O. 292)
increase or add to them.” Ex: BSP
ATTACHMENT GOVERNMENT-OWNED OR CONTROLLED CORPORATION
“This refers to the lateral relationship between the department or its - refers to any agency organized as a stock or non-stock
equivalent and the attached agency or corporation for purposes of policy and corporation, vested with functions relating to public needs
program coordination. The coordination may be accomplished by having the whether governmental or proprietary in nature, and owned by
department represented in the governing board of the attached agency or the government directly or through its instrumentalities either
corporation either as chairman or as a member, with or without voting rights. wholly or where applicable as in the case of stock corporations
If this is permitted by the charter, having the attached corporation or to the extent of fifty-one (51%) percent of its capital stock xxx
(Section 2[13] Introductory provisions, E.O. 292)
agency comply with a system of periodic reporting which shall reflect the
progress of programs and projects and having the department or its - Provided, the GOCC's may be further categorized by the
equivalent provide general policies through its representative in the board, Department of Budget, Civil Service Commission and the
which shall serve as the framework for the internal policies of the attached Commission on Audit for purposes of the exercise and
corporation or agency.” discharge of their respective powers, functions and
OTHER AGENCIES responsibilities with respect to such corporations.
INSTRUMENTALITY · These instrumentalities are NOT integrated to the department

framework.
- refers to any agency of the National Government, not integrated
· They do not fall within the control power of the president over the
within the department framework vested with special functions or
jurisdiction by law, endowed with some if not all corporate powers, departments.
administering special funds, and enjoying operational autonomy, · Under Article VII, Section 17, Instrumentalities are not included.
usually through a charter.
Q. What are the administrative relationships involved?
- this term includes regulatory agencies, chartered institutions and
GOCC's. (Sec.2 [16], Introductory Provisions, E.O. 292) A. (1) Regulatory Agencies - mere administrative supervision, to oversee
with no interference with the day-to-day operation.
REGULATORY AGENCY
Ex: the relationship between NLRC and Secretary of Labor (Vertical
- refers to any agency expressly vested with jurisdiction to relationship)
regulate, administer, or adjudicate matters affecting substantial
rights and interests of private persons, the principal powers of (2) Chartered Institution/GOCC - attachment, lateral relationship
which are exercised by a collective body, such as a involving planning and program coordination.
commission, board or council. (Sec. 2[4] Introductory BEJA JR. V. COURT OF APPEALS
Provisions, E.O. 292)
An attached agency enjoys more autonomy than an agency placed
- Ex: PRC, NLRC, SEC, Insurance Commission under administrative supervision. It is free from departmentalized control.
CHARTERED INSTITUTIONS Likewise, an agency under administrative supervision has more autonomy
than an agency placed under supervision and control.
- refers to any agency organized or operating under a special
charter, and vested by law with functions relating to specific ILLUSTRATION

power
Delegation of Powers Conferment of Jurisdiction QUASI-LEGISLATIVE POWER
QUASI- LEGISLATIVE QUASI JUDICIAL Q. What do you mean by Quasi-legislative?
ADMINISTRATIVE AGENCY A. It refers to the power or authority of an administrative agency to
promulgate rules and regulations in order to implement a law or a given
legislative policy.
Administrative Regulations Jurisdiction Rules of Procedure Q. Other names?
A. (1) Rule-making power of an agency
Legislative Interpretative Due Process (2) Power of Subordinate Legislation
· QUASI-LEGISLATIVE POWER includes the power to promulgate
Supplemental Contingent Contempt Power ADMINISTRATIVE REGULATIONS or IMPLEMENTING RULES
AND REGULATIONS (IRR), which are pieces of subordinate
legislation called mini-laws, which may take the form of circulars or
Appeals memoranda, but which cannot prevail over the laws.
POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES Q. In what capacity did the Secretary of Labor acted in promulgating the
rules and regulations implementing the Labor Code?
Q. Generally, how will you describe the functions of an administrative
agency? A. He acted in his quasi-legislative capacity.
A. The functions of an administrative agency are to enforce, implement, · In exercising quasi-legislative functions, the administrative agency
administer and execute laws. is acting like Congress but not to enact laws. They cannot have
more powers than Congress.
Q. What kind of function?
· An administrative agency may not exercise this quasi-legislative
A. Executive. These agencies belong to the executive branch. They do not function unless it has been expressly delegated to it. It is a
perform legislative and judicial functions. However, these agencies may delegated power.
perform quasi-legislative and quasi-judicial functions.
Ex: COMELEC - to administer all laws relative to plebiscite,
referendum, recall DOCTRINE OF DELEGATION OF POWERS
CSC - to administer the Civil Service Law GENERAL RULE: A power that has already been delegated may no longer
be delegated.
Note: Not all administrative agencies perform all kind of functions.
EXCEPTIONS: Instances of Permissible Delegation of Powers:
Ex: NLRC - exercises in general quasi-judicial function
(1) Delegation to the PEOPLE through plebiscite and referendum
DOLE - the agency that administers labor law (2) Delegation of EMERGENCY POWERS to the President
(3) Delegation to the President of TARIFF POWERS
SEC - has an executive function and quasi-legislative; no more
(4) Delegation to ADMINISTRATIVE BODIES
quasi-judicial
(5) Delegation to the LOCAL GOVERNMENT
LTFRB - has quasi-judicial function · The delegation to administrative bodies simply deals with Quasi-
Legislative powers.
CSC - has an executive, quasi-legislative and quasi-judicial

Ex: Under Section 244, NIRC, “The Secretary of Finance, upon Q. What are the REQUISITES OF A VALID ADMINISTRATIVE
recommendation of the Commissioner shall promulgate all needful rules REGULATION?
and regulations for the effective enforcement of the provisions of this
code.” A. (1) Its promulgation must be authorized by the legislature
- This is a delegation to the Secretary of Finance. Without (2) It must be within the scope of authority given by the legislature
this delegated authority, the Secretary of Finance may not (3) It must be promulgated in accordance with the prescribed procedure
exercise the power.
(4) It must be reasonable
· The delegation must be valid. Even if the power has been

delegated, if the delegation is invalid, the exercise of the power FIRST REQUISITE: its promulgation must be authorized by the legislature -
becomes an abdication of powers. Hence, it is not just a matter of meaning, there is a valid delegation of power.
delegating the power. The delegation must be valid. SECOND REQUISITE: it must be within the scope of authority given by the
legislature.
TEST OF A VALID DELEGATION - in the exercise of the delegated authority to promulgate

administrative regulations, the administrative agency cannot
(1) COMPLETENESS TEST: The law delegating the power must be amend the main law it seeks to implement. Otherwise, the
complete in all its terms and conditions when it leaves the Congress, so delegate will act in excess of authority.
when it reaches the delegates, it will have nothing to do but to enforce it.
TOLEDO v. COMELEC
(2) SUFFICIENT STANDARD TEST: The law must offer a sufficient
standard, which are determinate, or at least determinable to specify the Attorney Augusto Toledo, at the time of his appointment was
limits of the delegate’s authority, announce the legislative policy and specify already 57 years old. Upon discovery, COMELEC nullified his appointment
the conditions under which is to be implemented. on the ground that a provision in the Civil Service Rules on Personal Actions
and Policies provides that “no person shall be appointed or reinstated in the
KINDS OF ADMINISTRATIVE REGULATIONS service if he is already 57 years old, unless the President of the Philippines,
(1) LEGISLATIVE Regulation President of the Senate, Speaker of the House of Representatives or the
Chief Justice of the Supreme Court, as the case may be, determines that he
a. Contingent possesses special qualifications and his services are needed.
b. Supplemental SC: The provision on 57 year old person in the Revised Civil Service Rules
under R.A. 2260 cannot be accounted validity. It is entirely a creation of Civil
(2) INTERPRETATIVE Regulation Service Commission, having no basis in the law itself that it was meant to
Q. What is their distinction? implement. The power vested in the Civil Service Commission was to
implement the law or put it into effect, not to add to it, to carry the law into
A. If the regulation is merely interpretative, it will not require publication. effect or execution; not to supply perceived omissions in it. By its
· When Article 2 of the New Civil Code refers to laws, these do not administrative regulations, of course, the law itself cannot be extended; said
only refer to those enacted by Congress but includes administrative regulations cannot amend an act of Congress. The Civil Service
regulations promulgated by administrative bodies in their quasi- Commission is not the Congress. It may not add anything to the Civil Service
legislative functions except those which are merely internal or Law.
interpretative in nature. (Tanada v. Tuvera) THIRD REQUISITE: it must be promulgated in accordance with the
prescribed procedure.
- among the prescribed procedure is the requirement of:

a. PUBLICATION Elements: CD-DIP
· The clear objective of Article 2 of the NCC is to give the general 1. It is created by law or authority of law
public adequate notice of the various laws, which are to regulate
their actions and conduct as citizens. Without such notice and -the powers to create and abolish public office are vested in the
publication, there would be no basis for the application of the legislative
maxim ignorantia legis non excusat. It would be the height of -power to abolish is not absolute, it must be done in good faith
injustice to punish or otherwise burden a citizen for the
transgression of a law which he had no notice whatsoever, not 2. Possess a delegation of a portion of the sovereign powers of the
even a constructive one. government, to be exercised for the benefit of the public.
GR: Publication is required not only to laws passed by Congress, but 3. Powers conferred and duties imposed must be defined directly of
includes administrative regulations, which are issued in the exercise of impliedly by the legislature.
quasi-legislative power of the administrative agencies. 4. Duties must be performed independently and without the control of a
XPNs: superior power other than the law.
(1) interpretative regulation 5. Must have permanence or continuity.
(2) internal regulation

b. Furnish a copy of the administrative regulation to the Is salary an element in public office?
UP LAW CENTER No. It is merely an incident of public office.
- “Every agency shall file with the UP Law Center three (3) Congress can pass a law eliminating salaries. As a rule this cannot
certified copies of every rule adopted by it” be questioned. If Congress can remove the public office itself, then by all
- there is nothing in the Administrative Code of 1987 which means. It may remove its incidence. However, everything must be done on
implies that the filing of the rules with the UP Law Center is the good faith.
operative act that gives the rules force and effect.
FOURTH REQUISITE: it must be reasonable Characteristics of a public office: PHOP
- it must not be unreasonable, whimsical, oppressive, 1. Public office is a public trust
confiscatory
It is merely entrusted to the public officer
- must pass the test of reasonableness
Article XI (Accountability of Public Officer), Sec. 1 provides: “Public
- absence of one of these, the administrative regulation ought to Office is a public trust. Public Officers and employees must at all means be
be invalidated. accountable to the people, serve them with utmost responsibility, integrity,
LAW ON PUBLIC OFFICERS loyalty and efficiency, and act with patriotism, justice and lead with modest
lives.
What is a public office?
2. It is not a heritable possession
It refers to the right, authority or duty created and conferred by law
Y? We live in a democratic and republican state.
by which for a given period either fixed by law or enduring at the pleasure of
the creating power, an individual is invested with some sovereign power of Art. II, Sec. 26 provides: The State shall guarantee equal access to
the sovereign function of the government, to be exercised by that individual opportunities for public service and prohibit political dynasties as may be
for the benefit of the public. defined by law (provision is not self-executing).

3. It is outside the commerce of man. DESIGNATION -refers to the imposition of additional duties, usually by law,
on any person already in public office. It presupposes that a person is
It cannot be the subject of a valid contract. already appointed.
If it is a subject, the contract is void. SEVILLA VS CA
4. It is not a property. Generoso Sevilla was appointed as Asst. City Engineer of Palayan
It is therefore not protected or guaranteed by the due process City, Nueva Ecija until he was designated as the Acting Eng’r of Cabanatuan
clause. City. After the EDSA Revolution, Sevilla was ousted when the City Mayor of
Cabanatuan appointed Nerito Santos as the new City Engineer. This was
Ex: A is holding public office, Congress decided to abolish it. A cannot later confirmed by the Ministry of Public Works and Highways and approved
complain that there was a violation of the due process clause if he was not by the CSC. This was questioned by Sevilla in an action/petition for Quo
given an opportunity to be heard, provided that the abolition is done in good warranto filed against Santos.
faith.
SC: The petition is devoid of merit. An acting appointment is merely
ABOLITION VS REMOVAL temporary, one which is good only until another appointment is made to take
In abolition, what is abolished is the office itself, while in removal, it its place.
is the occupant that is removed, but the office remains. APPOINTMENT VS DESIGNATION
Appointment – selection by the proper authority of an individual
Ex: A is holding a public office, he was removed. In this case, A may validly who is to exercise the functions of an office.
invoke his security of tenure. He can only be removed for a just and valid Designation – connotes merely the imposition of additional duties
cause and there must be an observance of due process. upon a person who is already in the public service by virtue of an earlier
PUBLIC OFFICER appointment or election. A mere designation does not confer upon the
designee security of tenure in the position or office which he occupies only in
Who is a public officer? an acting capacity.
A public office is one who holds a public office. Nature of designation
Any person, who by direct provision of law, popular election of by Essentially temporary and not entitled to security of tenure
appointment of competent authority, shall take part in the performance of
public function on the Government of the Philippines or shall perform in said APPOINTMENT in focus
Gov’t or any of its branches public duties as employer, agent, subordinate, Nature of appointment
or official of any rank or class, shall be deemed to be a public officer.
1. Executive on character
May a notary public be considered as a public officer?
2. Discretionary
Yes
LUEGO VS CSC
SELECTION
Felimon Luego was appointed by Mayor Solon as Administrative
How is public officer chosen? Officer II. His appointment was described as permanent, but CSC approved
2 ways: it on a temporary basis subjecting it to the final action to be taken on the
protest filed by Felicula Tuazo. Subsequently, CSC found Tuazo to be
1. Election better qualified than Luego and directed that Tuazo be instead appointed.
Luego questioned this.
2. Appointment

SC: CSC has no authority to revoke said appointment simply because it one candidate. Once the power of appointment is conferred on the
believed that Tuazo was better qualified, for that would have constituted an President, such conferment necessarily carries the discretion on whom to
encroachment on the discretion vested solely in the City Mayor. appoint.
Appointment is essentially a discretionary power and must be performed by NEXT IN RANK RULE
the power on which it is vested. The only condition being that the appointee
Where can you find the said rule?
should possess the qualification required by law. If he does, then the
appointment cannot be faulted on the ground that there are others better Civil Service Law
qualified who should have been preferred.
What is the next in rank rule?
LUEGO DOCTRINE:
If there is a vacancy in a government office that ought to be filled up
This is a political question involving consideration of wisdom which by promotion, the person holding the position next thereto shall be
only the appointing authority may determine. For as long as the appointee considered for promotion.
has the minimum requirements, the CSC and the SC are powerless to
render that a better one is more qualified. Q: If the next to the Head Chief Accountant is the Deputy accountant and the
third is the Administering Officer IV, then the office of Chief Accountant
REMONTE VS CSC: became vacant and the then Deputy accountant and Administering Officer IV
The head of an agency who is the appointing power is the one who applied, assume that another Chief Accountant applied and was appointed,
is most knowledgeable to decide who can best perform the function of an can the Deputy Accountant claim that there was a violation of the next in
office. rank rule?
FLORES VS DRILON A: No. The next in rank rule applies only in case of promotion. What is
involved here is a mere transfer, a lateral movement involving same rank
When the US-Phils treaty expired, Congress enacted RA 7227, and position.
creating the SBMA. The Charter provided that for the first year of operation,
the President shall appoint the Mayor of Olongapo City as head chairman In case of a promotion, vertical movement from lower to a higher position.
and CEO of SBMA. Thus, then Mayor Gordon assumed the positions. Q: What if the one that was appointed was the Administering Officer, can
SC: The Charter violates: Deputy Accountant complain?
1. Art IX-B, Section 7, part 1: A: Yes, because it was filled by a promotion.
“No elective official shall be eligible for appointment or Q: Can the Deputy Officer claim that he should be the one to be appointed?
designation in any capacity to any public office or position during his tenure.” A: No, appointment is discretionary.
This prohibits elective officers from being appointed or designated to any
public office. The only exception is when the public office is to be held in ex- Rules:
officio capacity. 1. It applies only in cases of promotion.
2. Doctrine of Separation of Powers 2. Even in promotions, it can be disregarded for sound reasons made
Congress encroached on the power of the President to known to the next in rank as the concept does not import any mandatory or
appoint. The President was not given an option at all. The Appointment preemptory requirement that the person next in rank must be appointed to
was limited to the Mayor of Olongapo. The heart or core of appointment is the vacancy.
the power to choose. Also, the nature of appointment is discretionary, not a 3. The appointing authority is allowed to fill vacancies by promotion,
ministerial act. transfer, reinstatement, etc.
Hence, when the Congress clothes the President with the power to appoint
an officer, it cannot at the same time limit the choice of the President to only

4. There is no legal fiat that a vacancy must be filled only by promotion, the 2. One who is illegally dismissed from office is, by fiction of law, deemed not
appointing authority is given wide discretion to fill a vacancy from among to have vacated his office. His security of tenure did not attach.
several alternatives provided by law.
QUALIFICATION TO PUBLIC OFFICE
5. One who is next in rank is entitled to preferential consideration for
promotion to higher vacancy BUT it does not necessarily follow that he and The power to prescribe qualifications to public office is vested with the
LEGISLATURE.
no one else can be appointed.
ABILA VS CSC THREE IMPORTANT LIMITATIONS ON THE PART OF THE CONGRESS:
When Amado Villafuerte retired from his position as Admin Officer 1. If the qualifications are prescribed by the Constitution itself in an
IV in DOH-Qeuzon City, the Officer-in-Charge appointed Alex Abila, who had exclusive manner, then the Congress may not add nor subtract from the
been the Acting Asst. Civil Security Officer, as his successor. This was enumerated qualifications.
questioned by Florentina Aleria, the Admin Officer III of DOH. 2. The qualification prescribed must be germane to the functions to be
SC: A vacant position in the CSC may be filled by promotion, transfer of performed.
present employees, reinstatement, re-employment or appointment of 3. The qualification must be expressed in general terms only.
outsiders who have the necessary eligibility. The next in rank rule invoked
by the CSC to justify its choice of Eleria over Abila APPLIES ONLY when a TWO SENSES OF QUALIFICATION:
vacancy is filled by promotion, a process which denotes a scalar ascent of 1. As an act
an officer to another position higher in rank or salary.
2. As an endowment
Even of the vacancy here had been filled by promotion rather by a lateral
transfer, the concept of next in rank rule does not import any mandatory or QUALIFICATION AS AN ACT
preemptory requirement that the person next in rank must be appointed to
-consists in taking of an oath
the vacancy. What the Civil Service Law provides is that if the vacancy is
filled up by promotion, the person holding the position next in rank thereto -in case of an accountable officer (Ex: Treasurer), consist in the posting of a
shall be considered for promotion. bond.
The one who is next in rank is only entitled to preferential consideration. Constitutional provisions related to it:
The next in rank rule is not absolute. Even in promotion, it can be 1. Art. 7, sec. 5 – before they enter on the execution of their office, the
disregarded. President, the Vice President or the Acting President shall take the following
oath or affirmation XXX.
PRINCIPLE OF VACANCY
2. Art IX-B, Sec. 4 – All public officers and employees shall take an oath or
Q: Jose, an employee working for ten years already, was surprised to learn
affirmation to uphold and defend the Constitution.
that Pedro replaced him. Jose was removed. But the CSC ordered the
reinstatement of Jose which became final. Can Pedro validly complain that 3. Art. XV, Sec. 5, par. 1 – All members of the armed forces shall take an
there was a violation of security of tenure? oath or affirmation to uphold and defend the Constitution.
A: No. This is because there was no vacancy, hence security of tenure did Q: A public officer was appointed/elected. Then he assumed the office but
not attach. failed to take an oath. He nonetheless preformed his duties. Are his acts
valid?
2 PRINCIPLIES:
A: Yes, insofar only as third persons are concerned and the general public
1. A person no matter how qualified cannot be appointed to an office which
relied on the said acts. He is a de facto officer.
is not vacant.

DE JURE VS DE FACTO VS USURPER/INTRUDER 3. Actual physical possession of the office.
De Jure Officer – One who has lawful title QUALIFICATION AS AN ENDOWMENT
His acts are valid - possession of attributes to be qualified
His title may not be questioned - refers to Citizenship, Age, Civil service eligibility, Education, Residence
(CACER)
De Facto Officer – One who is in actual possession but only has a colorable
title. His title is imperfect. - qualifications are continuing
His acts are valid insofar only as third persons are concerned and the a. citizenship
general public relied on the said acts.
- this is the most important
His title may only be questioned directly in a quo warranto proceedings
- only Filipinos may hold public office
Intruder/Usurper – No Title but in actual possession b. residence
His acts are entirely void - only in elective office – as an elective official, he/she must serve in a
particulare constituent
His acts may be questioned collaterally or directly.
In Civil Law, residence and domicile are different. In the said law, a person
Q: Is a De Facto Officer entitled to salary? may only have several residences but may only have one domicile. In
Ploitical Law, particularly in election law, residence and domicile are the
A: As a rule, No. This is because he is not allowed to benefit from his acts. same.
Otherwise it will encourage people to usurp other office. When he assumes
office knowing that his title is imperfect, he runs the risk of not receiving a 3 CLASSES OF DOMICILE
salary that attaches to the office.
1. Domicile of Birth
EXCEPTIONS:
2. Domicile of Choice
1. There is no de jure officer claiming for the salary OR
3. Domicile by Operation of Law
2. Assumption was made in good faith.
MACALINTAL VS COMELEC
FLORES VS DRILON
At any given point, a person may only have one domicile
SC: Gordon should not be made to reimburse for such emoluments.
Otherwise the gov’t will be unjustly enriched by his services. Gordon was a Domicile of Origin
de facto officer. - this is acquired by any person at birth
Prescriptive Period to attack a colorable title: - it is the domicile of the child’s parents and not necessarily the place
- 1 year from the disposition from office. After 1 year, the de facto of birth.
officer will ripen into a de jure one. Domicile of Choice
REQUIREMENTS OF A DE FACTO OFFICERSHIP - take place if one leaves his original domicile, he was able to
establish his physical presence in another locality.
1. Existence of a de jure office (NO such thing as a de facto office, office is
either valid or void)
2. Color of title.

Domicile by Operation of Law manifested by some act or acts independent of and done prior to filing his
candidacy for elective office in this country. Without such waiver, he was
- domicile law attributes to a person; independent to his intention or disqualified to run for any elective office.
residence
The fact was that he is a green cardholder and has acquired the
EX: woman (resident of Cabanatuan City) marries husband right to reside in other country. The renunciation of the green card requires
(resident of Pasig City), woman will adopt the residence of
a separate act; the filing of the certificate of candidacy is not renunciation.
husband. What is involved in this case is not citizenship but rather permanent
IMELDA ROMUALDEZ-MARCOS VS COMELEC residency in another country.
Imelda run as a congresswoman in Leyte. For the resident requirement, she SC on Argument No (2) -- He never really intended to live there
should be a resident thereof for a period of not less than 1 year immediately permanently, for all he wanted was a green card to enable him to come and
preceding the election. Her qualification was questioned on the ground that go to the U.S. with ease because he had to undergo a regular check-up:
under the Civil Code, when the woman gets married, she gets the residence Even if he never really intended to live there permanently, this court
of the husband by operation of law. Pres. Marcos was a resident of San will not allow itself to be a party to his duplicity by allowing him to benefit
Juan. At that time, Family Code does not exist yet.
from it and giving him the best of both worlds to speak.
SC: With the death of her husband, her adoption of the San Juan residency OTHER QUALIFICATIONS AS AN ENDOWMENT
is lost.
c). age
CAASI VS COURT OF APPEALS
--must be possessed on the day of the election
Miguel Merito ran for mayor in Bolinao, Pangasian. A
disqualification case was filed against him by Mateo Caasi, a rival candidate d). education
for the position on account of his being a green cardholder. His defense was
that (1) he was voted by the people, hence the defect was cured. Also, he --a qualification under Civil Service Law
alleged that (2) he never really intended to live there permanently, for all he --true only to appointive officials, in case of elective official, minimum
wanted was a green card to enable him to come and go to the U.S. with requirements are that he must be able to read and write
ease because he had to undergo a regular check-up.
e). civil service eligibility
SC: Argument No.1) he was voted by the people, hence the defect was
cured: Religious Affiliations
Merito was disqualified. People of Bolinao cannot amend the --cannot be a valid disqualification to hold public office
Omnibus Election Code (OEC). His election thereto was null and void. The --No religious test shall be required for the exercise of civil or political rights
law applicable to him is Sec. 68 of the OEC –“Any person who is a
permanent resident of or an immigrant to a foreign country shall not be Political Affiliation
qualified to run for any elective office under this Code, UNLESS such person
G.R. Not a valid qualification
has waived his status as permanent resident or immigrant of a foreign
country in accordance with the residence requirement provided for in the Xpn: Can be a valid qualification under:
election laws.
1. Party-list system
To be qualified to run for any elective office in the Philippines, the
law requires that the candidate who is a green cardholder must have waived 2. Membership in the Commission on Appointments
his status as a permanent resident or immigrant of a foreign country. 3. In case of permanent vacancies in the Sanggunian
Therefore his act of filing a certificate of candidacy for elective office in the
Philippines did not of itself constitute as a waiver of his status as a
permanent resident of U.S. The waiver of his green card should be

DISQUALIFICATIONS: 4. Those with dual citizenship:
Sec. 40, LGC. Disqualifications. – The following persons are disqualified - this refers to dual allegiance (Mercado vs Manzano)
from running for any elective local position:
5. Fugitives from justice in criminal or non-political cases here or abroad:
1. Those sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one year or more of imprisonment MARQUEZ JR VS COMELEC
within two years after serving the offense; In May 1995 election, Rodriguez ran for Governor (Quezon
2. Those removed from office as a result of an administrative offense; Province). He won. Marquez, a defeated candidate, filed a disqualification
case against Rodriguez under sec. 40(e) after finding out that Rodriguez had
3. Those convicted by final judgment for violating an oath of allegiance to criminal charges against him of insurance fraud or grand theft of personal
the Republic; property.
4. Those with dual citizenship; Contention of Rodriguez – Not fugitive from justice because he is not yet
convicted by final judgment.
5. Fugitives from justice in criminal or non-political cases here or abroad;
SC: No. Fugitive from justice applies not only to those convicted by final
6. Permanent residents in a foreign country or those who have acquired the judgment and who absconds to evade punishment BUT also to one, where a
right to reside abroad and continue to avail of the same right after the
valid criminal information is already filed and he absconded to evade
effectivity of this Code; and jurisdiction.
7. The insane or feeble-minded. RODRIGUEZ VS COMELEC
1. Within two years after serving the offense: Although there was indeed fraud insurance case before the
-partial disqualification California court, HE IS NOT A FUGITIVE FROM JUSTICE because the
cases were filed 5 months after he has returned to the Philippines, the
Q: What offenses? controlling factor was the intent to evade jurisdiction. He could not have the
A: Those sentenced by final judgment intent to evade because there is no information yet.
1. Moral turpitude LIMITATION ON THE TERM OF THE ELECTIVE OFFICIALS
2. Punishable by one year or more of imprisonment Art. V, Section 8 – The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be three years
DELA TORRE VS COMELEC and no official shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
Violation of Anti-Fencing Law constitute an offense involving moral
interruption in the continuity of his service for the full term for which he was
turpitude.
elected.
2. Those removed from office as a result of an administrative offense:
Term: 3 years except barangay officials
LINGATING VS COMELEC
Can serve for three consecutive terms
The administrative case must have attained finality for the
BORJA VS COMELEC
disqualification to apply. If still pending appeal or on certiorari,
disqualification is not applicable. Borja was first elected as Vice Mayor in 1988 at Pateros. In 1989,
the Mayor died, so he replaced the Mayor. During the 1992 elections, he
If the penalty is removal – disqualification shall apply
ran and won. In 1995, he again ran and won. In 1998, he ran again. His
If the penalty is suspension – disqualification not applicable by express qualification was questioned.
provision of Sec. 66, LGC, as long as he meets the qualifications required.

SC: Borja is qualified. The term limit for elective local officials must be to appeal seasonably. In May 2001, he filed his certificate of candidacy.
taken to refer to the right to be elected as well as the right to serve in the The administrative case was not yet decided. Is he qualified?
same elective position. Consequently, it is not enough that an individual has
served three consecutive terms in an elective local office, he must also have A: Yes he is qualified to run.
been elected to the same position for the same number of times before the Q: What happens to his pending appeal?
disqualification can apply.
A: It becomes moot and academic because of the Doctrine of Condonation.
TWO POLICIES EMBODIED HERE: The rationale for this is that when the electorate puts him back to the
1. To prevent the establishment of political dynasties position, it is presumed that they did so with knowledge of his life, character
and past mistakes.
2. To enhance the freedom of choice of the people
SOCRATES VS COMELEC (Nov. 10, 2002, En Banc)
TWO CONDITIONS FOR THE LIMITATION TO APPLY (both must
concur): Hagedorn was elected as Mayor in 1992, 1995 and 1998 elections.
In the next election, he ran as governor. However, he lost. Meanwhile, the
1. The local official must be elected for three consecutive terms for the one elected as Mayor of Puerto Princesa was Socrates. Socrates’ term
same position. started June 30, 2001. After a year, a resolution calling for a special election
was passed. On the said special election, Hagedorn filed his certificate of
2. He has fully served the 3 consecutive terms. candidacy. His qualification was questioned.
If resigned: voluntary renunciation, not considered as an interruption from SC: He is qualified. The three term limit is found in Art. X, Sec. 8 and
office, limitation will apply reiterated in Sec. 43, par. B of LGC. WHAT IS PROHIBITED IS
If suspended: interruption from office – involuntary renunciation IMMEDIATE RE-ELECTION to the SAME OFFICE for a FOURTH
CONSECUTIVE TERM. In this case there is an intervening date.
Q: Mayor was elected in 1988. He ran and won again on 1992 and 1995
election. But there was an election protest regarding the 1995 election. On Q: What if in 2004 and 2007 he wins again, then in 2010, he wants to run
March 1998, he was removed because of a COMELEC decision. Is he again, is he qualified to run?
qualified to run in the 1998 election?
A: SC in the same case said that: The service of a recall term shall
A: YES. He was only elected twice since he eventually lost in the election constitute one full term. Reason: Elected official in a recall election should
protest. In 1995, he is merely a presumptive winner. There is a failure of know that the service of recall term shall constitute one full term. (OBITER
the two conditions (LONZANIDA VS COMELEC). DICTUM)
MENDOZA VS COMELEC
Q: X was elected Mayor in 1992 election. In 1995 and 1998 elections, he In 1992, Tet Garcia won as governor. In 1993, Recall election was
ran and won again. In December 2000, as a result of an administrative made, Ting Roman won as governor. In 1995 and 1998 elections, Roman
case, he was removed. He did not appeal. The administrative case won again. In 2001, Roman ran again. Is he qualified to run?
becomes final. Is he qualified to run in the 2001 election?
SC: He is qualified. Recall term is not a full term. Looking at the
A: NO! He is disqualified to run because of Sec. 40 of the LGC and not Constitutinal records and the Constitution, it can be seen that they both
because of Art. X, Sec. 8. envision continuance and uninterrupted service of term. The service of
recall term should not be counted in applying the disqualification.
LINGATING VS COMELEC – The administrative case must have attained
finality before the disqualification to apply. If still pending appeal or Q: With this ruling, has the ruling in Socrates been abandoned?
certiorari, disqualification is not applicable. A: No. What has been abandoned in Socrates was a mere Obiter Dictum.
Q: X was elected in 1992. In 1995 and 1998, he ran and won again. In No actual controversy yet.
2000, as a result of an administrative case, he was removed but he has able

Service of recall term will not constitute one full term in applying the BOY SCOUTS OF THE PHILIPPINES VS NLRC
disqualification.
The BSP is an instrumentality attached to DECS and no less than
the President himself is the Chief Scout. No less than 7 members of the
Cabinet are members of the BSP. In short, there is so much government
CIVIL SERVICE COMMISSION exposure. They are governed Civil Service Laws and not the Labor Code.
One of the Constitutional Commissions
CAMPOREDONDO VS NLRC
It is the central personnel agency of the government tasked to Baltazar Camparedondo was a chapter administrator of PNRC.
administer all the civil service. During a field audit, he was found short. His request for a re-audit by an
COMPOSITION AND QUALIFICATION independent auditor of his account was denied. Thereafter, he filed with
NLRC a complaint for illegal dismissal. PNRC moved to dismiss the
Art. IX-B, Sec. 1(1) – The civil service shall be administered by the Civil complaint on the ground of lack of jurisdiction over the subject matter,
Service Commission composed of a Chairman and 2 Commissioners who alleging that it is embraced within the Civil Service rules and regulations,
shall be a natural born citizens of the Philippines, and at the time of their being a GOCC with an original charter. Camporedendo questioned this
appointment, at least 35 years of age, with proven capacity for public contending that its charter was already amended corverting it to a public
administration, and must not have been a candidates for any elective corporation.
position in the elections immediately preceding their appointment.
SC: Philippine National Red Cross is a GOCC with an original charter under
SCOPE R.A> 95, as amended. The test to determine whether a corporation is
Art. IX-B, sec. 2(1) – The Civil Service embraces all branches, subdivisions, government owned or controlled or private in nature is simple. Is it created
instrumentalities and agencies of the government, including the GOCC with by its own charter for the exercise of a public function or by incorporation
original charters. under the general incorporation law? Those with special charters are
government corporations subject to its own provisions and its employees are
under the jurisdiction of CSC and are compulsory members of the GSIS.
The PNRC was not impliedly converted to a private corporation simply
TEST: WITH OR WITHOUT ORIGIANL CHARTERS
because its charter was amended.
(1) If a GOCC was created by special law, it is with original charter
- The special law creating it is the charter
KINDS OF APPOINTMENTS
- It is governed by the Civil Service law
1. Permanent – extended to one who possesses all the qualifications
- In case of illegal termination, it is under the jurisdiction of the including civil service eligibility.
regular courts
2. Temporary - extended to one who possesses all the qualifications but
Ex: DBP, Land Bank, PCSO, PAGCOR, GSIS without the civil service eligibility.
The law requires publication of all vacant positions in the government. This
is mandatory so that all eligible can apply.
(2) If a GOCC was incorporated pursuant to the General Corporation, it is
without original charter Positions that need not be published include PRIMARILY CONFIDENTIAL
POSITIONS, which are co-terminus with the appointing authority.
-It is nor governed by Civil Service Law
Duration of Temporary Appointment
-In case of illegal termination, jurisdiction is with the Labor Arbiter or
NLRC, hence governed by Labor Code. - one year
- but it may even be shorter

Q: X was given an extended temporary appointment to a given office. In the All elective officials occupy non-career positions since no examination is
meantime, A took the Civil Service examination and passed. Is the required to be taken and the tenure is limited to a period specified by law.
appointment status of X automatically converted to permanent?
A: NO! There is a need for a new appointment.
HIGHLY TECHNICAL POSITIONS
Regular employee – used in Labor Code only, not in Civil Service
- One which requires the possession of skill or training in the
supreme or superior degree
CLASSIFICATION OF __(DI Ko TALAGA MABASA, MALABO COPY Ex: Scientist in the government service
KO)___IN CIVIL SERVICE
Professors in the state universities
1. Career Service
Q: How do you classify highly technical positions?
2. Non-career Service
A: Career
Q: Are engineers in the government occupy highly technical positions?
BAR Question:
A: NO! They may possess technical skills or training but not in the supreme
What are the characteristics pf career positions as well as non-career or superior degree, hence non-career.
positions?
PRIMARILY CONFIDENTIAL POSITIONS
1. Career –
Q: What are their classifications?
a. Entrance is based on merit and fitness to be determined based
on competitive examination or it is based on highly technical qualifications; A: Non-Career. There tenure is co-terminous with that of the appointing
authority or subject to his pleasure.
b. There is security of tenure;
c. Opportunity for advancement to a higher position.
DEFINITION OF PRIMARILY CONFIDENTIAL POSITIONS
2. Non-Career –
It is one which denotes not only confidence in the aptitude of the
a. Entrance is based other than those tests of merit and fitness appointee for the duties of the office bur primarily close intimacy which
utilized for the career service; insures freedom from the intercourse without embarrassment from
misgivings or betrayals of personal trust or confidential matters of state.
b. Tenure is:
GRINO VS CSC
1. Limited to a period specified by law;
The position of a provincial attorney is both highly technical and
2. Coterminous with that of the appointing authority or primarily confidential position. But its predominant feature is primarily
subject to his pleasure; or confidential. Hence, he can be removed based on loss of trust or
3. Limited to the duration of a particular project for which confidence. However his staff is highly technical. He holds the position co-
the purpose for employment was made. terminous with the pleasure of the appointing authority. There is no removal
but only expiration of term.
When pleasure becomes displeasure, the term becomes fixed and
Q: How do you classify position of members of the Sangguniang automatically expires. One who is holding a primarily confidential position,
Panlalawigan? who was removed from in the ground of loss of trust and confidence cannot
A: Non-career. It is an elective office. complain on the ground that there was a violation of his security of tenure.

PROXIMITY RULE Secretary/head of bureau-CSC-CA
- This is the test to determine whether or not the position is primarily CSCCA
confidential or not. The distance between the positions of the appointing
authority and the employee is considered. Q: Can you bring an administrative case directly with the CSC?
CSC VS SALAS A: Yes. CSC has original and appellate jurisdiction. Under the Civil Service
law, a complaint against a government official or employee may be filed
Salas was an employee of PAGCOR, a GOCC with an original directly to the CSC (not only to the heads of office).
charter. He was a supervisor of the dealers in the casino. He was
suspected in engaging in proxy betting. There was a discreet investigation Q: Under LGC, where do you file?
conducted of his act. He was later removed on the ground of loss of trust A: Local Chief Executive
and confidence. His defense was that he cannot be removed from office on
the ground that under the Constitution, no employee of the Civil Service shall OMBUDSMAN ACT OF 1989 (RA 6770)
be removed except for causes provided by law. On the other hand, - the charter of the Ombudsman
PAGCOR contends that under its charter, all positions are primarily
confidential and hence may be removed in the ground of loss of confidence. - under this law, the Ombudsman has disciplinary authority overall
CSC affirmed his dismissal. On appeal, CA reversed and applied the public officers whether appointive or elective, national or local,
proximity rule. except:
SC: Applying the proximity rule, Salas cannot be removed on the said (1) Impeachable officers – Pres, VP, Members of SC, ConCon,
ground. The position of Salas as a supervisor is too remote from the Ombudsman (Justices of the Sandiganbayan – not included).
appointing authority, the Chairman. There are so many intermediaries
(2) Members of Congress
between them.
(3) Members of the Judiciary
The occupant of a particular position could be considered a confidential
employee if the predominant reason why he was chosen by the appointing Appeal from the decision of Ombudsman in an administrative case
authority was the latter’s belief that he can share a close intimacy with the
occupant which ensures freedom of discussion without fear of Under the Ombudsman Act - Directly to the Supreme Court
embarrassment or misgivings of possible betrayal of personal trust or (Remember, the Constitution provides that no law shall be passed
confidential matters of the State. increasing the appellate jurisdiction of the SC without its advice and
concurrence.)
Art. IX-B sec. 2 par. 2 – Appointment in the Civil Service shall be made only
according to merit and fitness to be determined as far as practicable and FABIAN VS DESIERTO
except to positions which are policy-determining, primarily confidential or Direct appeal to the SC has been declared unconstitutional. Its
highly technical, by competitive examination. (It has nothing to do with the enactment was in violation of Art. VI Sec. 30 of the Constitution which
classification of his position as career on non-career). provides that no law shall be passed increasing the appellate jurisdiction of
the SC without its advice and concurrence. The provision in the
Ombudsman Act has the effect of increasing the appellate jurisdiction of the
ADMINISTRATIVE DISCIPILINARY CASES SC without its advice and concurrence.
Q: Who has jurisdiction over administrative disciplinary cases? Now, the rule is: OmbudsmanCA
A: Under the Civil Service Law: GOVERNOR LITO LAPID VS CA
ORIGINAL: CSC or head of office, agency or bureau An administrative case was filed against Lapid by the Ombudsman.
After investigation, it was found that he was guilty. The penalty was
APPEAL: CA under its expanded jurisdiction
suspension from office for one year without pay. He was able to appeal

seasonably. Ombudsman Desierto wanted to execute the decision pending Q: X was charged administratively, she was later on exonerated. May the
appeal. complainant appeal?
SC: Under the Ombudsman Act, only the following cases are final and A: No. However, with respect to the meaning of party adversely affected,
executory: the ruling under Paredes has already been abandoned. Hence the answer
now is YES.
1. Provisional orders of the Ombudsman;
PAREDES VS CSC
2. Decision where the penalty is:
Appeal is not a constitutional right but merely a statutory right. A
a. suspension for not more than 30 days; reading of the Civil Service Law will tend to show that appeal is available
b. fine not more than 30 days salary; only to the party adversely affected by the decision. A further reading of the
c. censure; law, the party adversely affected by the decision is the respondent who was
d. reprimand; found guilty. In fact, even if he was found guilty but the penalty was
e. admonition suspension or fine for not more than 30 days, appeal cannot be made
EXCLUSIO UNIUS EST INCLUSIO ALTERIUS – The suspension against because the decision in such a case becomes final and executory. With
Lapid is clearly not among those enumerated as immediately executory.
more reason that if he is exonerated, no more appeal. In an administrative
The clear import of these provisions, taken together, is that all other case, the real offended party is the government; the complainant is a mere
decisions of the Office of the Ombudsman which impose penalty outside complaining witness so that he has no personality to pursue the appeal.
than those which are enumerated are not final and unappealable, hence not Hence, party adversely affected was limited to the defendant.
immediately executory. An appeal timely filed will suspend or stay
immediate execution of the decision. CSC VS DACOYCOY
APPEALS IN ADMINISTRATIVE DISCIPLINARY CASES Dacoycoy was the head of a government vocational school in
Samar. Two of his sons were extended permanent appointment under his
Q: Is appeal available in administrative disciplinary cases? administrative supervision although he was not the one who neither
A: Depends on the penalty imposed – appointed nor recommended them. A case was filed against him for
violation of the law on nepotism. CSC found him guilty. The penalty was
1. If the penalty is: dismissal. As the party adversely affected, he appealed to CA. CA
a. demotion; exonerated him. If we will follow the Paredes ruling, there is no more appeal
b. dismissal; and the complainant cannot appeal because is merely a complaining
c. suspension for more than 30 days or a fine equivalent to witness.
more than 30 day salary; SC: CSC can appeal because it was their decision that was reversed by the
Appeal is available. CA. To this extent only, CSC became the party adversely affected. By this
2. If the penalty is: ruling, the Paredes Doctrine, up to this extent, is abandoned. The phrase
‘party adversely affected’ refers to the government employee against whom
a. suspension for not more than 30 days; the administrative case is filed for the purpose of a disciplinary action which
b. fine not more than 30 days salary; may take the form of suspension, demotion in rank or salary, etc. and not
c. censure; included are the cases where the penalty imposed is suspension for not
d. reprimand; more than 30 days or fine in an amount not exceeding 30 days salary.
e. admonition (PAREDES VS CSC)
Appeal will not lie; the decision is final and executory by express
provision of the law. PREVENTIVE SUSPENSION (pending investigation)
Appeal is not a constitutional right but merely a statutory right. Nature: Not a penalty. It is imposed while the case is being investigated or
pending appeal. It should be distinguished from dismissal or suspension
Why? Not part of the Constitution

which may only be imposed upon investigation and subsequent finding of To know what law is applicable in case of a preventive suspension,
guilt. determine first if administrative or criminal case.
BEJA, SR VS CA A. ADMINISTRATIVE CASE
Preventive suspension is not a penalty by itself; it is imposed only 1. Civil Service Law
during the pendency of an administrative investigation. It is merely a
Period - 90 days
measure of precaution so that the employee who is charged may be
separated for obvious reasons, from the scene of his alleged misfeasance, Case – Gloria vs CA
ehilr the same is being investigated. Thus, preventive suspension is distinct
from the administrative penalty of removal from office such as the one 2. Local Government Code
mentioned in Sec 8 (d) of PD 807. While preventive suspension may be Period – 60 days for appointive officials
imposed on a respondent during the investigation of the charges against
him, the removal from office is a penalty which may only be meted out upon  60 or 90 days fro elective officials
him at the termination of the investigation or the final disposition of the case.
3. Ombudsman Act
GLORIA VS CA
Period – 6 months
Preventive suspension pending investigation is not a penalty. It is
Case – Hagad vs Gonzales
simply a means of preventing the latter from interfering or intimidating the
witnesses against him. B. CRIMINAL CASE
YABOT VS OMBUDSMAN VASQUEZ 1. Anti-Graft and Corrupt Practices Act
An administrative case was filed against Vice-Mayor Yabot by an Period – 90 days applying by analogy
American doctor. He was placed under preventive suspension for 60 days.
Yabot contends that he was already suspended and hence, can no longer PREVENTIVE SUSPENSION IN AN ADMINISTRATIVE CASE
be suspended again. I. CIVIL SERVICE LAW
SC: The first suspension that was imposed was not the penalty. It is merely If one is charged administratively, while pending investigation, he
a preventive suspension. The second suspension was the penalty. The two can be preventively suspended for a period of 90 days.
suspensions are of different nature. The service of preventive suspension
cannot be credited with the service of suspension as penalty. If after the lapse of the 90 day period and the investigation has not
been terminated, there will be an automatic reinstatement.
LAYNO VS SANDIGANBAYAN
However if one contributed to the delay of the proceedings or has
If the preventive suspension, however, becomes indefinite, filed a petition for certiorari, the period of the delay or certiorari will not
so much that the term of the elective official is about to expire and his be included in the computation of the 90 day period of preventive
suspension is not yet lifted, in effect he was being penalized and considering suspension.
that after the investigation is not yet terminated, to that extent, there was a
denial of due process, hence must be nullified. Also, the right to due Q: Who shall impose the preventive suspension?
process of the people who voted for him is likewise violated. A: The CHIEF of the office, agency or bureau shall be the disciplinary
A preventive suspension that lasted for 5 years becomes an authority.
indefinite suspension and therefore violative of due process. GLORIA VS CA
A preventive suspension is not an action by itself but merely an During the teachers’ strike, the public school teachers in this case
incident to an action. did not report for work. Accordingly, they were administratively charged
and placed under preventive suspension. The investigation concluded

before their 90 day suspension and they were found guilty. On appeal, II. LOCAL GOVERNMENT CODE
Merit Systems and Protection Board, later affirmed by the CSC,
dismissed their claim. Before the CA, they asked that they be paid for 1.) Sec. 85 LGC – “Preventive Suspension of Appointive Local Officials
their salaries during their suspension beyond 90 days. This was and Employees.
granted. Hence, Sec. Gloria questioned this. a.) The local chief executives may preventively suspend for a
period not exceeding sixty (60) days, any subordinate official or
SC: The public school teachers are entitled to their salaries computed employee under his authority pending investigation, if the
from the time of their dismissal or suspension until their actual charge against such official or employee involves dishonesty,
reinstatement, for a period of not exceeding 5 years. oppression or grave misconduct or neglect in the performance
of duty, or if there is reason to believe that the respondent is
There are two kinds of preventive suspension of civil service guilty of the charges which would warrant his removal from the
employees who are charged with offenses punishable by removal or service.
suspension: b.) Upon the expiration of the preventive suspension, the
1. Preventive Suspension pending investigation suspended official or employee shall be automatically
reinstated in office without prejudice to the continuation of the
2. Preventive suspension pending appeal, if the penalty imposed is administrative proceedings against him until its termination, if
suspension or dismissal and after review the respondent is exonerated the delay in the proceedings of the case is due to the fault,
on appeal. neglect or request of the respondent, the time of the delay shall
Preventive suspension pending investigation is not a penalty. It is a not be counted in computing the period of suspension herein
measure intended to enable the disciplining authority to investigate provided.
charges against the respondent by preventing the latter from
intimidating or in any way influencing witnesses against him. If the Q: Maximum period of preventive suspension?
investigation is not finished and the decision is not rendered within the A: 60 days
period, the suspension will be lifted and the respondent will
automatically be reinstated. If after the investigation, the respondent is Q: Who shall impose?
found innocent of the charges and is exonerated, he should be A: the local chief executives
reinstated. However, no compensation was due for the preventive
suspension pending investigation. 2.) Sec. 63 LGC- “Preventive Suspension. –
a.) Preventive suspension may be imposed:
In case of a suspension pending appeal, he is entitled to (1) By the President, if the respondent is an elective official of a
compensation for the period of their suspension pending appeal if province, a highly urbanized or an independent component
eventually he is found innocent. Why? It is actually punitive in city;
character although it is in effect subsequently considered illegal if (2) By the governor, if the respondent is an elective official of a
respondent is exonerated and the administrative decision finding him component city or municipality; or
guilty is reversed. Hence, he should be reinstated with full pay for the (3) By the mayor, if the respondent is an elective official of he
period of the suspension. barangay
SIGNIFICANCE OF THE DIFFERENCE:
b.) Preventive suspension may be imposed at any time after the
Pending Investigation – not entitled. Why? Not a penalty but is entitled t issues are joined, when the evidence of guilt is strong, and
reinstatement. given the gravity of the offense, there is great probability that
the continuance in office of the respondent could influence the
Pending Appeal – if on appeal he is exonerated, he is entitled to full witnesses or pose a threat to the safety and integrity of the
backwages and reinstatement; it is punitive in character. records and other evidence: Provided, that any single
preventive suspension of local elective officials shall not extend
beyond sixty (60)days; Provided further that in the event that

several administrative cases are filed against an elective *Sec. 63 relate to Sec. 62 (c) LGC – “xxx no investigation shall be held
official, he cannot be preventively suspended for more than within ninety (90) days immediately prior to any local election, and no
ninety (90) days within a single year on the same ground or preventive suspension shall be imposed within the said period. If the
grounds existing and known at the time of first suspension. preventive suspension has been imposed prior to the 90-day period
c.) Upon expiration of the preventive suspension, the suspended immediately preceding local election, it shall be deemed automatically lifted
elective official shall be deemed reinstated in office without upon the start of aforesaid period.”
prejudice to the continuation of the proceedings against him,
which shall be terminated within one hundred twenty (120) GANZON vs. CA
days from the time he was formally notified of the case against
him. However, if the delay in the proceedings of the case is Ombudsman Act (RA 6770) – administrative jurisdiction
due to his fault, neglect or request, other than the appeal duly ‐ The ombudsman or his deputy has the power to preventively
filed, the duration of such delay shall not be counted in suspend
computing the time of termination of the case. ‐ For a period of 6 months
d.) Any abuse of the exercise of the power of preventive
suspension shall be penalized as abuse of authority. HAGAD vs. JUDGE GOZO-DADOLE
An administrative case was filed against a Mayor in one of the
Q: Period? towns in Visayas. He was placed under preventive suspension for 6 months.
A: 60 days for every administrative charge He argued that being a local elective official his preventive suspension
90 days if there are several administrative charges, during a given cannot exceed 60 days as provided in the LGC and the LGC being later
year enactment, is deemed to have repealed the Ombudsman Act with respect to
the imposition of the preventive suspension.
Q: who shall impose?
A: if respondent is- SC: There is nothing in the LGC (RA 7160) to indicate that it has
a.) Barangay official – mayor repealed the pertinent provisions of the Ombudsman Act (RA 6770).
b.) Official of component city or municipality – Governor Repeals by implication are not favored. Every statute must be so interpreted
c.) Official of independent component or highly urbanized city or and brought into account with other laws as to form a uniform system of
province- President jurisprudence. Besides, the grounds to impose preventive suspension under
the LGC and the Ombudsman Act are different. The Ombudsman has
JURISDICTION concurrent jurisdiction with the officers who have authority to impose
preventive suspension pursuant to Section 63 of LGC.
Appointive Officials
Q: Where do you file an administrative complaint against local PREVENTIVE SUSPENSION IN CRIMINAL CASE
appointive officials?
A: From Local chief executive  Civil Service Commission  Court Anti-Graft and Corrupt Practices Act (RA 3019)
of Appeals Section 13 RA 3019 – Suspension and Loss of Benefits – “Any
incumbent public officer against whom any criminal prosecution under a
Elective Officials valid information under this Act or under Title 7, Book II of the RPC or for
Q: where do you file an administrative complaint against local any offense involving fraud upon government or public funds or property
elective offificals? whether as simple or as complex offenses and in whatever stage of
A: (1) Barangay official in a execution and mode of participation, is pending in court shall be suspended
a. Municipality- sangguniang bayan from office. Should he b e convicted by final judgment, he shall lose all
b. City – sangguniang panglungsod retirement or gratuity benefits under any law, but if he is acquitted, he shall
(2) Official of a municipality – sangguniang panlalawigan be entitled to reinstatement and to the salaries and benefits which he failed
(3) City official and provincial official – Office of the President to receive during the suspension, unless in the meantime administrative
proceedings have been filed against him.”

SC: the contention is not correct. The amendatory provisions clearly
Q: Who has the authority to impose preventive suspension? states that any incumbent public officer against whom any criminal
A: the law is silent. However in LUCIANO vs. PROVINCIAL GOVERNOR, prosecution under a valid information under RA 3019 or for any offense
the Court interpreting Sec.13 held that “It is the court where the criminal involving fraud upon the government or public funds or property whether as
case was filed that has the authority to impose preventive suspension a simple or as a complex offense and in whatever stage or execution and
pursuant to Sec. 13.” It is not the fiscal or prosecutor nor the Ombudsman. A mode of participation, is pending in court shall be suspended from office.
court that has acquired jurisdiction will have to exercise jurisdiction also over Thus by the use of the word “office” the same applies to any office which the
the incidence of the case. officer charged may be holding and not only the particular office which he
was charged.
Q: Before what court should the case be filed?
A: Depends – *Section 13 RA 3019 does not state that the officer concerned must be
a. Salary grade 27 and over – Sandiganbayan suspended only for the office he was charged.
b. Below salary grade 27 – RTC or MTC
*Moreover, should the purposes behind preventive suspension become
“shall be suspended from office” manifest, the respondent court is not bereft of remedies or sanctions. The
• Preventive Suspension is mandatory. The Court has no petitioner may still be suspended but for specifically expressed reasons and
discretion whether to place the officer under preventive not from an automatic application of Section 13, RA 3019.
suspension or not.
• While preventive suspension is mandatory, it is NOT SANTIAGO vs. SANDIGANBAYAN/ PAREDES vs. SANDIGANBAYAN
automatic. The court must conduct a PRE-SUSPENSION When X was a governor, a criminal complaint against him for
HEARING, the purpose of which is for the court to determine violation of anti-graft was filed. While the Ombudsman was investigating,
the validity of the criminal information filed against the accused there was an election. X ran for Congressman and won. In the meantime,
public officer. It is only when the court is satisfied that the the Ombudsman filed the criminal information against X before the
criminal information was validly filed that the court will impose Sandiganbayan. The Sandiganbayan issued a suspension order addressed
preventive suspension. Only then that the preventive to the Speaker of the House of Representatives for him to carryout the order.
suspension becomes mandatory. (SOCRATES vs. The Speaker refused to execute because it violated Section 16 par 3 Article
SANDIGANBAYAN) VI of the Constitution (Each House may determine the rules of its
proceedings, punish its own members for disorderly behavior and either the
Q: What is the duration of the preventive suspension? concurrence of 2/3 of all its members, suspend or expel a member. A
A: The law is silent. However in GONZAGA vs. SANDIGANBAYAN, the penalty of suspension, when imposed shall not exceed 60 days)
court held that the Civil Service Law should be applied by analogy since
Sec. 13, RA 3019 is silent as to the duration of the preventive suspension. SC: there is no encroachment here. What is being imposed by the
Hence, the duration is ninety (90) days. There are no more cases now of Sandiganbayan is not a penalty but merely a preventive suspension.
indefinite suspension. Members of Congress are not exempted from the operation of Section 10,
RA 3019. The law says “any incumbent public officer”. We are only
BAYOT vs. SANDIGANBAYAN; SEGOVIA vs. SANDIGANBAYAN; interpreting the law as you wrote it. The Speaker of the House was held in
DELLOSA vs. SANDIGANBAYAN contempt of the Sandiganbayan.
X was a municipal mayor. He was criminally charged before the
Ombudsman. While the Ombudsman was investigating the criminal SUSPENSION AS A PENALTY
complaint, there was an election. X ran for governor and won. In the Q: Can imprisonment of 10 days be imposed if found guilty?
meantime, the Ombudsman filed the criminal case against him with the A: No. Administrative cannot impose penalties which involve deprivation of
Sandiganbayan. The Sandiganbayan issued the preventive suspension life and liberty. Hence cannot impose imprisonment,
against X. X now contends that he can no longer be preventively suspended
for the acts he did when he is still a mayor. Doctrine of Condonation – only in administrative cases

AGUINALDO vs. SANTOS – term of elective officials are distinct
from each other and when elected again the public is deemed to have General Rule: President, Vice President, Cabinet Members,
condoned his past misconduct; he cannot be punished under the new term deputies, assistants shall not hold any office or employment
of office. *the provision is new
*the prohibition is broad – covers both public and private
PROHIBITIONS/ INHIBITIONS/ DISQUALIFICATIONS position
1. Article IX-B, Section 7, par 1 – “No elective official shall be eligible Exception: Unless otherwise provided in the 1987 Constitution
for appointment or designation in any capacity to any public office e.g. 1) Vice President may become member of
or position during his tenure.” the Cabinet
2) Secretary of Justice is an ex-officio
General Rule: “No elective official shall be eligible for appointment member of JBC
or designation in any capacity to any public office or position during
his tenure.” CIVIL LIBERTIES UNION vs. EXECUTIVE SECRETARY
President Aquino issued an executive order (EO284)
Exception: Elective official can hold other positions/ office in an ex- allowing her Cabinet members to hold more than 2 offices. The
officio capacity. The prohibition extends only to public and not to appointments were challenged by the Civil Liberties Union. Defense
private positions. (FLORES vs. DRILON) of the Solicitor General, members of the Cabinet are appointive
officials hence Article IX-B sec 7 (2) shall apply and that they fall
2. Article IX-B, Section 7, par 2 – “Unless otherwise allowed by law or under the exception.
by the primary functions of his position, no appointive official shall
hold any other office or employment in the Government or any SC: this cannot be allowed. The work of the cabinet members
subdivision, agency, or instrumentality thereof, including demands full time work. Their position is sui generis. Article VII,
government owned and controlled corporations or their section 13 is a new provision. The reason is to avoid what happened in the
subsidiaries.” Marcos era. It is a special provision which applies to Cabinet members.
Article IX-B sec. 7 (2) on the other hand is a general provision. Hence, the
General Rule: Appointive official not allowed from holding other EO is unconstitutional.
position in the government
*see also PUBLIC INTEREST CENTER vs. ELMA June 30, 2006
Exceptions: a. allowed by law
b. allowed by the primary functions of their position 4. Article VI section 13 – “No Senator or Member of the House of
(CIVIL LIBERTIES UNION vs. EXECUTIVE Representatives may hold any other office or employment in the
SECRETARY) government, or any subdivision, agency or instrumentality thereof,
including government owned or controlled corporations or their
3. Article VII Section 13, par 1 – “The President, Vice-President, the subsidiaries during his term without forfeiting his seat. Neither shall
members of the Cabinet, and their deputies or assistants shall not, he be appointed to any office which may have been created nor the
unless otherwise provided in this Constitution, hold any other office emoluments thereof increased during the term for which he was
or employment during their tenure. They shall not, during said elected.
tenure, directly or indirectly, practice any other profession, • Prohibition on incompatible and forbidden office
participate in any business or be financially interested in any
contract with, or in any franchise, or special privilege granted by the 5. Article XVI, Section 5, par 4 – “ No member of the armed forces in
Government or any subdivision, agency or instrumentality thereof. the active service shall, at any time be appointed or designated in
Including government owned or controlled corporations or their any capacity to a civilian position in the Government including
subsidiaries. They shall strictly avoid conflict of interest in the government owned or controlled corporations or any of their
conduct of their duties.” subsidiaries

6. Law on Nepotism Under Article VII, Section 13 – “ The President may not appoint his
th
‐ Violation results to dismissal with forfeiture of benefits spouse or relatives within the 4 civil degree of consanguinity or
‐ Found in the Civil Service Law affinity to
‐ Under Section 59, Civil Service Law – “ All appointments in the a. Member of Constitutional Commission
national, provincial, city, and municipal governments or in any b. Office of the Ombudsman
branch or instrumentality thereof, including government owned c. Secretaries and Undersecretaries
or controlled corporations, made in favor of a relative of the d. Chairman, heads of bureau or offices
appointing or recommending authority, or of the chief of the
bureau or office or of the persons exercising immediate Prohibited relationships
rd
supervision over him, are hereby prohibited. ‐ Under the Civil Service Law = 3 Civil Degree
th
‐ Under the LGC = 4 civil degree SEC. 79. Limitation on
The word “relative” and members of the family referred to are Appointments. - No person shall be appointed in the career
rd
those related within third (3 ) degree of either consanguinity of service of the local government if he is related within the fourth
affinity.” civil degree of consanguinity or affinity to the appointing or
recommending authority.
CSC vs. DACOYCOY April 1999 En Banc DEBULGADO vs. CIVIL SERVICE COMMISSION
Under the law on nepotism, a public official is guilty of It was contended that the law on nepotism applies only to
nepotism, if an appointment is issued in favor of a relative within the original appointments but not to promotional appointments.
third civil degree of consanguinity or affinity of any of the following:
a. Appointing authority SC: The law on nepotism applies to all kinds of appointment
b. Recommending authority because the law does not distinguish.
c. Chief of bureau or office A textual examination of Section 69 at once reveals that
d. One who exercises immediate the prohibition was cast in comprehensive and unqualified terms.
supervision over the appointee Firstly, it explicitly covers “all appointments” without seeking to
make ay distinction between differing kinds or types of
SC: Clearly, there are four situations covered. In the last two appointments. Secondly, Section 59 covers all appointments to the
mentioned situations, it is immaterial who the appointing or national, provincial, city, and municipal governments, as well as any
recommending authority is. To constitute a violation of the law, it branch or instrumentality thereof and all government owned or
suffices that an appointment is extended or issued in favor of a controlled corporations. Thirdly, there is a list of exceptions set out
relative within the third civil degree of consanguinity or affinity of the in Section 59 itself, but it is a short list.
chief of the bureau or office, or the person exercising immediate Both an original appointment and a promotion are
supervision over the appointee. particular species of personnel action. The original appointment of
a civil service employee and all subsequent personnel actions
EXCEPTIONS TO THE LAW ON NEPOTISM undertaken by or in respect of that employee such as promotion,
1. Teachers transfer, reinstatement, reemployment, etc. must comply with the
2. Physicians Implementing Rules including of course the prohibition against
3. Persons employed in a confidential capacity nepotism in Rule XVIII.
4. Members of the Armed Forces of the Philippines The conclusion we reach is that Section 59 Book V, EO
5. Member of a family who, after his or her appointment to any 292 means exactly what it says in plain and ordinary language. It
position in an office or bureau, contacts marriage with refers to all appointments whether original or promotional in nature.
someone in the same office or bureau, in which event, the The public policy embodied in section 59 is clearly fundamental in
employment or retention therein of both husband and wife may importance, and the court has neither authority nor inclination to
be allowed.

dilute that important public policy by introducing a qualification or (1) Appear as counsel before any court in any civil case
discretion here. wherein a local government unit or any office, agency or
instrumentality of the government is the adverse party;
LAUREL vs. CSC (2) Appear as counsel in any criminal case wherein an
Laurel who was the governor of Batangas granted his officer or employee of the national or local government is accused
brother, Benjamin Laurel a promotional appointment as Civil of an offense committed in relation to his office;
Security Officer, a position classified as primary confidential by the (3) Collect any fee for their appearance in administrative
Civil Service. proceedings involving the local government unit of which he is an
official; and
Q: Was there a violation of the law on nepotism? (4) Use property and personnel of the Government except
A: No. It is under the exceptions of the law when the Sanggunian member concerned is defending the interest
Later on, he designated his brother to the position of of the government.
Provincial Administrator a position in the Career Civil Service.
Laurel contends that he did not violate the law on nepotism (c) Doctors of medicine may practice their profession even during
because he merely designated his brother not appointed him. official hours of work only on occasions of emergency. Provided,
Designation presupposes that he has already been appointed and that officials concerned do not derive monetary compensation
merely given additional function. therefrom.
SC: The appointment or designation as Acting Provincial
Administrator was violative of the prohibition against nepotism, then Q: Can a mayor practice his profession?
embodied in Section 49 PD No. 807. Moreover, the Court A: No.
emphatically agrees with the CSC that although what was extended
to Benjamin was merely a designation and not an appointment xxx Q: Can members of the sanggunian practice their profession?
the prohibitive mantle on nepotism would include designation A: Yes, except during session hours.
because what cannot be done directly cannot be done indirectly.
We cannot accept petitioner’s view. His specious and tenuous Q: Can Vice mayor exercise his profession?
distinction between appointment and designation is nothing more A: Yes. Vice Mayor belongs to the legislative, while sanggunian
than either a play ingeniously conceived to circumvent the rigid rule members must be interpreted in general terms. There is no
on nepotism or a last ditch maneuver to cushion the impact of its prohibition. Hence, the Vice Mayor can e belongs to the legislative,
violation. The rule admits of no distinction between appointment while sanggunian members must be interpreted in general terms.
and designation. “Designation” is also defined as all appointment or There is no prohibition. Hence, the Vice Mayor can exercise or
assignment to a particular office, and “to designate” means to practice his profession. However, in case the Vice Mayor becomes
indicate, select, appoint, or set apart for a purpose of duty. acting mayor or acting governor, he cannot practice or exercise his
profession because in such case then, he exercises an executive
*for purposes of the law on nepotism, appointment and designation position. (Atty. Sandoval)
are the same.
JAVELLANA vs. DILG
7. Section 90, LGC – “Practice of Profession – Atty. Javellana is a member of the Sanggunian
(a) All governors, city and municipal mayors are prohibited from Panlalawigan. Two of the employees of the Provincial Engineer’s Office
practicing their profession or engaging in any occupation other than the were removed. They asked for his assistance and so Atty. Javellana
exercise of their functions as local chief executives. appeared in their behalf. He was prohibited from appearing on the
(b) Sanggunian members may practice their professions, engage in ground that the same is prohibited by the LGC where the adverse party
any occupation, or teach in schools except during session hours, is the government. He went to the Supreme Court and challenged the
Provided, that sanggunian members who are also members of the Bar constitutionality of Section 90, LGC on two grounds: 1) the provision is
shall not: unconstitutional because it encroached the power of the Supreme Court

to regulate the practice of law; and 2) the provision violates the equal vacancy occurs in the offices of the governor, vice governor, mayor or vice
protection clause because the law profession was singled out. mayor, the highest ranking sanggunian member shall become the governor,
vice governor, mayor or vice mayor as the case may be. Subsequent
SC: There is no encroachment on the power of the SC to vacancies in the said offices shall be filled automatically by the other
regulate the practice of law. Section 90 LGC is a reasonable regulation sanggunian members according to their ranking as defined herein.
designed to ensure that there shall be no conflict of interest in the
exercise of his functions as a sanggunian member and his function as a (b) If a permanent vacancy occurs in the office of the punong
lawyer. barangay, the highest ranking sangguniang barangay member or in case of
There is no violation of the equal protection clause. Under his permanent inability, the second highest ranking sanggunian member
the equal protection clause, not all classifications are invalid. There is a shall become the punong barangay.
substantial distinction between the law profession and the other (c) A tie between or among the highest ranking sanggunian
professions. Of all the professions, it is this profession that is most likely members shall be resolved by drawing of lots.
to affect the area of public service. (d) The successors as defined herein shall serve only the unexpired
Moreover, Section 90 LGC does not discriminate against terms of their predecessors.
lawyers and doctors. It applies to all provincial and municipal officials in
the professions or engaged n any occupation. It explicitly provides that For purposes of this Chapter, a permanent vacancy arises when an
Sanggunian members may practice their professions, engage in any elective local official fills a higher vacant office, refuse to assume office, fails
occupation, or teach in schools except during session hours. If there are to qualify, dies, is removed from office, voluntarily resigns, or is otherwise
some prohibitions that apply particularly to lawyers, it is because of all permanently incapacitated to discharge the functions of his office.
the professions, the practice of law is more likely than others to relate For purposes of succession as provided in this chapter, ranking in
to, or affect, the area of public service. the sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered voters
8. SEC. 40. Disqualifications. - The following persons are disqualified in each district in the immediately preceding local election.
from running for any elective local position:
(a) Those sentenced by final judgment for an offense involving moral *In case of permanent vacancy (section 44) automatic succession applies,
turpitude or for an offense punishable by one (1) year or more of so in case of death of mayor, the vice mayor succeeds, in case of the vice
imprisonment, within two (2) years after serving sentence; (b) Those mayor, the highest ranking sangguniang member succeeds.
removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of Illustration:
allegiance to the Republic;
(d) Those with dual citizenship; District I (10,000) District II (8,000)
(e) Fugitives from justice in criminal or nonpolitical cases here or
abroad; 1. Pedro 5,000
(f) Permanent residents in a foreign country or those who have 2. Mario 4,500
acquired the right to reside abroad and continue to avail of the same
right after the effectivity of this Code; and 3. Jose 5,000
(g) The insane or feeble-minded.
Q: For purposes of succession, how do you determine ranking?
A: For purposes of succession, ranking in the sanggunian shall be
VACANCIES AND SUCCESSIONS (Section 44-45, LGC)
determined on the basis of the proportion of votes obtained by each winning
candidate to the total number of registered voters in each district in the
Section 44, LGC – “Permanent vacancies in the offices of the
immediately preceding local election (sec 44, LGC last par)
Governor, Vice Governor, Mayor and Vice Mayor. - If a permanent vacancy
*Therefore Mario is the highest ranking member.
occurs in the office of the governor or mayor, the vice governor or vice
mayor concerned shall become the governor or mayor. If a permanent

Q: Who is ranking between Pedro and Jose?
A: A tie between or among the highest ranking Sanggunian members shall Governor
be resolved by the drawing of lots. (Sec. 44 par c, LGC) Sangguniang PAnglungsod in component cities
Q: Let us assume that 8 sanggunian members, the last ranking died. What (2) Sangguniang Panglungsod of Highly Urbanized Cities
happens? Sangguniang Panglungsod of Independent Component Cities
A: Apply sec. 45 LGC, not the rule on automatic succession. President
Sangguniang Panlalawigan
Section 45, LGC – “Permanent vacancies in the Sanggunian – (a)
Permanent vacancies in the sanggunian where automatic successions *If one who will be replaced belongs to a political party, the successor must
provided above do not apply shall be filled by appointment in the following come from the same political party.
manner: If he does not belong to a political party then apply Sec. 45(c)
(1) The President, through the executive secretary, in
the case of the sangguniang panlalawigan and the Q: Who shall appoint?
sangguniang panlungsod of highly urbanized cities A: Local chief executive upon the recommendation of the sanggunian
and independent component cities; concerned.
(2) The governor, in the case of the sangguniang
panlungsod of component cities and sanggunian FARIÑAS vs. BARBA
bayan; The last ranking sanggunian bayan member who did not
(3) The city or municipal mayor, in the case of belong to any political party resigned. To fill the vacancy, both the mayor and
sangguniang barangay, upon recommendation of the the governor appointed their own choice.
sangguniang barangay concerned.
SC: Neither of the two appointees should assume position.
(b) Except for the sangguniang barangay, only the nominee of the Sec 45 (c) LGC must be read together with Sec 45 (a). Since this is a
political party under which the sanggunian member concerned had been municipality, the governor should appoint but with the recommendation of
elected and whose elevation to the position next higher in rank created the the sanggunian concerned which is the sanggunian bayan where the
last vacancy in the sanggunian shall be appointed in the manner herein after vacancy took place.
provided. The appointee shall come from the same political party as that of
the sanggunian member who caused the vacancy and shall serve the NAVARRO vs. CA
unexpired term of the vacant office. In the appointment therein mentioned, a Composition of the municipal government:
nomination and certificate of membership of the appointee from the highest Mayor ………………………………………………… Lakas
official of the political party concerned are conditions sine qua non, and any NUCD
appointment without such nomination and certification shall be null and void Vice Mayor…………………………………………. Lakas
ab initio and shall be ground for administrative action against the official NUCD
st th
responsible therefor. 1 to 5 sanggunian member…………….. Reporma
th
(c) In case the permanent vacancy is caused by a sanggunian 6 Sanggunian Member…………………….. Lakas NUCD
th
member who does not belong to any political party, the local chief executive 7 Sanggunian Member…………………….. Reporma
th
shall, upon recommendation of the sanggunian concerned, appoint a 8 Sanggunian Member…………………….. Lakas NUCD
qualified person to fill the vacancy.
(d) In case of vacancy in the representation of the youth and the Therefore in the Sanggunian, there were 6 Reporma and 2 Lakas.
barangay in the sanggunian, said vacancy shall be filled automatically by the The mayor died. The Vice mayor became the Mayor. The last ranking
official next in rank of the organization concerned. position became vacant so the governor appointed someone from Reporma.
Lakas protested because the vacancy came from Lakas.
Q: Who shall appoint?
A: (1) Sangguniang Bayan

SC: Governor is correct. What is crucial is the interpretation of Sec. 45 maintenance of public order, protection and security of life and property, or
(6). The reason behind the right given to the political party to nominate a the maintenance of a desirable and balanced environment and any
replacement is to maintain the party representation as willed by the people in barangay member who comes to the aid of persons in authority shall be
the election. deemed agents of persons in authority.
With the elevation of Tamayo (Reporma) as the Vice Mayor it
diminished the Reporma’s representation in the Sanggunian. Hence, the one RECALL
appointed should come from Reporma. ‐ Provided in Section 69-75, LGC. This is a mode of removing a
local elective official before the expiration of his term.
GAMBOA JR. vs. AGUIRRE JR. July 20, 1994 GARCIA vs. COMELEC
The governor went abroad. He was away for 3 months. Governor ‐ There is no need for a criminal charge before a recall may be
issued an administrative order designating the Vice governor as acting initiated.
governor. The acting governor wants to preside in the session of the ‐ There is only one ground, loss of confidence
sanggunian.
EVARDONE vs. COMELEC
SC: Being the acting governor, he cannot simultaneously exercise the A recall is a political question not subject to judicial review. It is a
functions of his office. The power of the vice governor to preside over political question that has to be decided by the people in their sovereign
sanggunian session is suspended as long as he is the acting governor. capacity.
The creation of temporary vacancy in the office of the governor
creates a corresponding vacancy in the office of the vice governor. 2 STAGES
1. Initiatory
Q: Then who will preside in the meantime? 2. Special Recall Election
A: Under sec. 49 (b) LGC – “In the event of the inability of the regular
presiding officer to preside at a sanggunian session, the members present *The official sought to be recalled becomes a candidate automatically.
and constituting a quorum shall elect from among themselves a temporary Hence, he is prohibited from resigning.
presiding officer. He shall certify within ten (10) days from the passage of
ordinances enacted and resolutions adopted by the sanggunian in the * There is only one way of initiating a recall – through a petition signed by at
session over which he temporarily presided.“ Hence, the members present least:
and constituting a quorum shall elect from themselves the temporary 25% of registered voters – below or 20,000 total registered voters
presiding officer. Do not apply the rule in permanent vacancy. of LGU concerned
Q: Who appoints the barangay treasurer, secretary and other appointive 20% of registered voters – more than 20,000 but less than 75,000
officials of the barangay? total registered voters of LGU
A: Punong barangay appoints barangay secretary, treasurer, and other concerned
appointive official with the approval of the majority of the members of the 15% of registered voters – more than 75,000 but less than 300,000
sangguniang barangay. (ALGUIZOLA vs. GALLARDO) total registered voters of
LGU concerned
The power of appointment is exercised with approval of sanggunian, 10% of registered voters – more than 300, 000 total registered
therefore in removing or replacing an appointive official, there must also be voters of LGU concerned
approval of the majority of sanggunian barangay members.
*The PREPARATORY RECALL ASSEMBLY (PRA) has been REPEALED.
Sec. 388, LGC – “Persons in authority – For purposes of the RPC, (RA 9244)
the punong barangay, sanggunian barangay members and members of the
lupong tagapamayapa in each barangay shall be deemed as persons in ANGOBUNG vs. COMELEC
authority in their jurisdiction, while other barangay officials and members A was a mayor, a year after his election was sought to be recalled.
who may be designated by law or ordinance and charged with the There was a recall process initiated by only one person. The COMELEC

approved the petition and assigned a signing day. Angubong went to the SC contended that those who signed have no mandates because they lost in the
alleging grave abuse of discretion. election.
SC: The contention is not correct, when the members adopted the
SC: The petition for recall signed by only one person is a violation of the resolution, their term of office have not yet expired. They were still de jure
25% statutory requirement. The law is plain and unequivocal as to what officers with no legal disqualification to participate.
constitutes a recall proceeding.
AFIALDO vs. COMELEC
LIMITATION ON RECALL (SEC.74) Miranda was elected Mayor. On the other hand, Navarro was
a. An elective official can be subjected to recall only once elected the Vice Mayor. Members of the Preparatory Recall Assembly
b. No recall shall take place within one year from the assumption of adopted a resolution calling for the recall of Vice mayor Navarro. Mayor
office or one year immediately preceding a regular local election. Miranda was removed by SC. The Vice mayor assumed office.
SC: The recall elections become moot and academic. It is clear from
PARAS vs. COMELEC the resolution that they wanted to remove him from being a vice mayor.
Paras was a punong barangay. There was a petition for recall. The
SK election was scheduled during that year when the petition was filed. The AFIALDO vs. COMELEC
contention of PAras was that there would be a regular election; hence the Before vice mayor Amelita Navarro assumed mayorship, Joel
recall cannot push through. Miranda was still mayor. Decision in MIRANDA vs. ABAYA was not yet
promulgated. When she was vice mayor, the members of the PRA of
SC: The term regular local election refers to one where the position of Santiago City adopted a resolution calling for the recall of vice mayor. This
one sought to be recalled is actually to be contested and filled by the resolution was submitted to Comelec. A special recall election was then
electorate. scheduled. Meanwhile the decision in the Miranda vs. Abaya was
promulgated. Vice mayor Navarro assumed the mayorship upon the removal
ANGOBUNG vs. COMELEC of Joel Miranda as mayor. What happens now to the special recall election
The limitation on recall shall not apply if the official sought to be for vice mayor?
recalled is a Mayor and the forthcoming election is a barangay election. SC: it has been rendered moot and academic. It is clear from the
resolution of the members of the preparatory center of Santiago City that
CLAUDIO vs. COMELEC they wanted to recall her as vice-mayor. They got what they wanted. She is
The issue in this case is the interpretation of “within one year from no longer the Vice-mayor. She is now the Mayor. 
the date of assumption to office.” Claudio was elected as Mayor. His term
started 30 June 1998. On 19 May 1999, members of the then Preparatory LOCAL GOVERNMENT UNITS/ AUTONOMOUS REGIONS/
Recall Assembly convened on their plans to initiate a petition for recall ADMINISTRATIVE REGIONS
against Claudio. On 29 May 1999, majority of the members of the PRA
adopted a resolution calling for the recall of Mayor Claudio. It was submitted Article X, Section 1 – “The territorial and political subdivisions of the
2 July 1999. The Comelec scheduled a special recall election. Republic of the Philippines are the provinces, cities, municipalities, and
SC: the resolution was validly adopted. The recall refers to the election barangays. There shall be autonomous regions in Muslim Mindanao and the
itself wherein the voters themselves decide whether or not to retain the Cordilleras as herein after provided.”
official concerned. It does not refer to the initiation proceedings.
AUTONOMOUS REGIONS
SOCRATES vs. COMELEC Article X, Section 15 – “There shall be created autonomous regions
On May 2001, the governor elected was Socrates. 2 July 2002, in Muslim Mindanao and in the Cordilleras consisting of provinces, cities,
members of the Preparatory Recall Assembly adopted a resolution calling municipalities, and geographical areas sharing common and distinctive
for the recall of Governor Socrates. 24 September 2002 there would be a historical and cultural heritage, economic and social structures, and other
recall election. On 15 July 2002, there was a barangay election. Most of the relevant characteristics within the framework of this Constitution and the
members who signed the recall resolution lost in the election. Hence, it was national sovereignty as well as territorial integrity of the Republic of the
Philippines.”

ADMINISTRATIVE REGIONS SC: This cannot be done. The MMDA is not a political unit; not a LGU;
Mere grouping of provinces for administrative purposes. They are nor a metropolitan political subdivision. The chairman was not elected by the
not considered as political and territorial subdivision. There is a need for a people. It is the LGU that possesses legislative and police power.
plebiscite to be a political subdivision.
E.g. Region 1 DUAL NATURE OF LGU
1. Body politic
Q: Who has the power to create administrative regions? 2. Body corporate
A: It has been traditionally exercised by the President in line with his DUAL FUNCTION OF LGU
supervisory powers over the LGUs. 1. Acting as body politic- governmental
2. Acting as a corporate entity representing the inhabitants-
LIMBORA vs. MARGELIN proprietary
Concept of Local Autonomy
Decentralization of Administration Decentralization of Power TWO KINDS OF PROPERTY OF LGU
1. Properties for public service – owned in the governmental capacity
‐ Central government ‐ Abdication of political e.g. streets
delegates power in favor of LGU; 2. Patrimonial property – owned in their proprietary capacity e.g. north
administrative power free to chart its own cemetery
to local government in destiny.
order to broaden the DACANAY Case
base of the Property owned for public service cannot be a subject of a contract.
government.
CONDITIONS BEFORE A PROPERTY OWNED FOR PUBLIC SERVICE
BE CONVERTED TO PATRIMONIAL PROPERTY
Q: What kind of autonomy is contemplated by the Constitution? 1. Continuous non use for public service
A: Only decentralization of administration, as not to make the LGU sovereign 2. Positive act from legislative branch withdrawing use of property
within the state. But with regards to autonomous region, decentralization of from public service
power which contemplates grant of political autonomy.
MAKASIANO vs. COMELEC
METROPOLITAN POLITICAL SUBDIVISION In this case, there was a positive act from Congress but the same is
Article X Section 11 – “The Congress may, by law, create special not enough because the two requirements must be met.
metropolitan political subdivisions, subject to a plebiscite as set forth in
section 10 hereof. The component cities and municipalities shall retain their CREATION, DIVISION, MERGER, ABOLITION, OR SUBSTANTIAL
basic autonomy and shall be entitled to their own local executives and ALTERATION OF BOUNDARY
legislative assemblies. The jurisdiction of the Metropolitan Authority that will
thereby be created shall be limited to basic services requiring coordination. Article X, Section 10 – “No province, city, municipality, or barangay
may be created, divided, merged, abolished, or its boundary substantially
Q: Is MMDA a special metropolitan political subdivision? altered, except in accordance with the criteria established in the Local
A: No! The creation of MMDA was not subject to a plebiscite. Also MMDA Government Code and subject to approval by a majority of the votes cast in
has no police or ordinance power. It is purely administrative. a plebiscite in the political units directly affected.”
MMDA vs. BEL-AIR VILLAGE TWO REQUIREMENTS

In view of the traffic congestion, Bel-Air was compelled to open its 1. It must be according to the criteria established in the LGC.
village to the public.
Criteria established under the LGC:
Veritable indicators

a. income Article X, Section 6 – “ Local government units shall have a just
b. population share, as determined by law, in the national taxes which shall be
c. land area automatically released to them.”
2. Subject to the approval by a majority of the votes cast in a 3. Equitable share in the proceeds of the utilization and development
plebiscite in the political units directly affected. of national wealth.
Article X, Section 7 –“ Local governments shall be entitled to an
Q: Who shall vote? equitable share in the proceeds of the utilization and development
A: PADILLA vs. COMELEC of national wealth within their respective areas, in the manner
Voters are not limited to the voters of the new area but also the provided by law, including sharing the same with the inhabitants by
voters of the parent unit. Since the parent unit is also affected. way of direct benefits.”
*The doctrine under Paredes has been abandoned by TAN vs. COMELEC, MUNICIPALITY OF PARAÑAQUE vs. VM REALTY
as reaffirmed in the Padilla vs. Comelec. The municipality expropriated a property to be converted into a
Youth Center. The issue is: what is required in order for LGU to exercise its
Q: In the income requirement, should the IRA be included in the eminent domain powers?
computation?
A: Yes. SC: Under Section 19, LGC, an ordinance is required.
Section 19, LGC – “Eminent Domain – a local government unit,
ALVAREZ vs. GUINGONA may through its chief executive and acting pursuant to an ordinance,
Congress passed a law creating Santiago. The IRA was excluded. exercise the power of eminent domain for public use, or purpose, or welfare
for the benefit of the poor and the landless, upon payment of just
SC: The basis of IRA is Article X, Sec 6. This is not self-executing. It is compensation, pursuant to the provisions of the Constitution and pertinent
implemented in the LGC. laws. Provided, however, that the power of eminent domain may not be
LGU’s are entitled to 40% of the total national taxes. The exercised unless a valid and definite offer has been previously made to the
allocations in Sec 285 LGC- Allocations to Local Government Units.- The owner, and such offer was not accepted; Provided further that the local
share of local government units in the internal revenue allotment shall be government unit may immediately take possession of the property upon the
allocated in the following manner: filing of the expropriation proceedings and upon making a deposit with the
a. Provinces – 23% proper court of at least fifteen percent (15%) of the fair market value of the
b. Cities – 23% property based on the current tax declaration of the property to be
c. Municipalities – 34% expropriated. Provided finally, that the amount to be paid for the
d. Barangays – 20% expropriated property shall be determined by the proper court based on the
fair market value at the time of the taking of the property.”
Hence, IRAs are regular recurring income. It does not constitute as
a mere transfer. It should be included in the computation. It is an income of Ordinance vs. Resolution
the LGU. Ordinance Resolution
MAIN SOURCES OF INCOME OF LGU’s -is a law - merely a declaration of sentiment

or opinion of the lawmaking body
1. Article X, Section 5 – “Each local government unit shall have the - possesses a general; permanent - temporary
power to create its own sources of revenues and to levy taxes, character
fees, and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local - a third reading on its enactment is - no reading in its enactment is
autonomy. Such taxes, fees and charges shall accrue exclusively to required required unless approved by majority
the local government.” of sanggunian members
2. IRA

Q: Do LGUs have inherent powers? DEVELOPMENTS IN PUBLIC INTERNATIONAL LAW
A: None. They are pure creations of the legislative branch.
By: Atty. Edwin Sandoval
POWER TO TAX (1) An individual person as subject of international law
Of the three powers of the state, the power to tax is constitutionally
delegated power to LGU, subject to guidelines as the Congress may provide Subject of international law defined
in accordance with Article X sec. 5. - an entity which has an international personality
POLICE POWER ; EMINENT DOMAIN - an entity has an international personality if it has
They are delegated by the Congress not by the Constitution rights which may be directly enforced or it has
obligations for which it may be held directly
*Police Power: Section 16, LGC – General Welfare – “Every local accountable under international law.
government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance, and those which are ☻an entity although it has rights, but which can be
essential to the promotion of the general welfare. Within their respective enforced only through another medium is not a
territorial jurisdictions, local government units shall ensure and support, subject. It is merely an object.
among other things the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a balanced ecology, * Two views:
encourage and support the development of appropriate and self-reliant a.) Traditional view – only states are subject of international law.
scientific and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among their - only states have rights which may be directly enforced or
residents, maintain peace and order and preserve the comfort and have obligation for which it may be held directly accountable
convenience of their inhabitants. under international law.
b.) Modern view – not only states are proper subjects of
*Eminent Domain: SEC. 19. Eminent Domain. - A local government international law.
unit may, through its chief executive and acting pursuant to an ordinance,
exercise the power of eminent domain for public use, or purpose, or welfare - international organizations (ie. United Nations) are also
for the benefit of the poor and the landless, upon payment of just proper subjects of international law.
compensation, pursuant to the provisions of the Constitution and pertinent
- to a limited extent, the individual is now considered as
laws: Provided, however, That the power of eminent domain may not be
proper subject of international law.
exercised unless a valid and definite offer has been previously made to the
owner, and such offer was not accepted: Provided, further, That the local Govt. of HK special administrative region (represented by Phil. DOJ)
government unit may immediately take possession of the property upon the vs. Hon. Olalia
filing of the expropriation proceedings and upon making a deposit with the
proper court of at least fifteen percent (15%) of the fair market value of the - the modern trend in public international law is the primacy place
property based on the current tax declaration of the property to be on the worth of the individual person and the sanctity of human rights.
expropriated: Provided, finally, That, the amount to be paid for the - slowly, the recognition that the individual person may properly be
expropriated property shall be determined by the proper court, based on the a subject of international law is taking root.
fair market value at the time of the taking of the property.
- the vulnerable doctrine that the subject of international law are
limited only to states was dramatically eroded towards the second half of the
---- End---- past century.
Good Luck and God Bless Us all.

- for one, the Nurumberg and Tokyo trials after WWII resulted in the * Jurisdiction of the International Criminal Court over the
unprecedented spectacle of individual defendants prosecuted for acts following offenses:
characterized as violations of the laws of war, crimes against
peace, and crimes against humanity. a.) genocide
- recently, under the Nurumberg principle, Serbian leaders have b.) crimes against humanity
been prosecuted for war crimes and crimes against humanity committed in c.) war crimes
the former Yugoslavia.
d.) crimes of aggression
- these significant events show that the individual person is now a
valid subject of international law. ☻ common characteristics of the four – they are the most serious crimes
of international concern.
☻ when the individuals were held directly accountable for their
crimes, he is no longer regarded as a mere object of international law, he ☻ terrorism is not included.
has become a subject of international law. Genocide – the deliberate destruction or annihilation of a racial,
☻ the justification for assumption of jurisdiction over the individual ethnic or religious group.
is that crimes against international law are committed by men and not by Ex. Holocaust during the WWII – deliberate policy of Hitler
abstract entities. It is only by punishing individuals who commit such crimes to eliminate all the jews in the world.
can the provisions of international law be enforced.
☻ another instance when an individual is regarded as subjects of
international law is in case of human rights violations. * Organization of International Criminal Court
- more often, an individual’s human rights is violated by his - 18 judges
own government such that he cannot have a recourse against his own
- subject to increase in number by authority of Article 36 of
government.
its statute
- he may have recourse to the international human rights
- organized into: a) appeal division – president and four
body.
other judges
(2) Creation/establishment of International Criminal Court
b) trial division – three judges
* ICC vs. ICJ
c) pre-trial division – three judges
ICJ ICC
- the judicial functions are carried out by judges in
- was created pursuant to the - was created by a separate treaty chambers
charter of the UN itself. known as the Rome statute. - the workload of the court may require more than one trial
- it is the principal judicial organ of - it is a separate body. chamber or pre-trial chamber
the UN. - judges of Appeals chamber shall serve only in that
- only states may be parties to - international criminal court will try division
disputes in international court of persons/individuals, not states, who - other organs of the court: a) presidency
justice. commit the most serious crimes of
international concern. b) office of the prosecutor
c) registry (office of clerk
of court)

rd
Principle of Complementarity c.) 3 generation of human rights – consisting of right to development,
right to peace and right to environment.
- the international criminal court shall be complementary to
national criminal jurisdiction. * Human rights are either:
- this gives primacy to national jurisdiction. If the national a) individual
court has already assumed jurisdiction, icc can no longer assume
b) collective – right to self determination of people; the
jurisdiction.
permanent sovereignty over natural
- unless, the proceeding in the national court is: resources.
a) for the purpose of shielding the person concerned from liability; or International Bill of Rights
b) not conducted independently or impartially. - the term used to designate the three main instrument of
human rights in the international plane, which are:
a) the universal declaration of human rights
(3) International Human Rights
b) the international covenant on economic, social
Human Rights & cultural rights
- those liberties, immunities, and benefits which all human
c) the international covenant on civil & political
beings should be able to claim “as of right” of the rights
society in which they live by accepted
contemporary values. ☻ Recognition and importance given to Human Rights by
international organizations and states
- those fundamental and inalienable rights which are
essential for life as a human being. - on December 10, 1948, the UN General Assembly
adopted the Universal Declaration of Human Rights in which
the right to life, liberty and all other fundamental rights of every person were
- pertain to rights of an individual as a human being which proclaimed.
are recognized by the international community as a
- while not a treaty, the principles contained in the said
whole through their protection and promotion under declaration are now recognized as customarily binding upon the members of
contemporary international law. the international community.
International Law on Human Rights * Sources of International Law:
- the law which deals with the protection of individuals and 1) Primary
groups against violations by government of their internationally
guaranteed rights, and with the promotion of these a) treaties or international conventions
rights.
b) international custom
* Classification of Human Rights/ Three Generation of Human
c) general principles of law recognized by
Rights:
civilized nations
st
a.) 1 generation of human rights – consisting of civil and political rights
2) Secondary
nd
b.) 2 generation of human rights – consisting of economic, social and
cultural rights. d) judicial decisions
e) teachings of authoritative publicists of various
nations.

☻ Universal Declaration of Human Rights, while not a treaty, has c) Laws of Neutrality – govern the relations of third states not parties to the
evolved as an international custom, a primary source of international law. war with any of the belligerent states. (but the relations of third parties inter
se shall still be governed by the laws of peace)
☻ The Philippines commitment to uphold the fundamental human
rights as well as the worth and dignity of every person * Principal legal documents are:
- commitment is enshrined in Section 2, Article II of our Constitution. 1.) Geneva Convention of 1949 – define fundamental rights for
combatants removed from the fighting due to injury, illness or
- it provides: “The state values the dignity of every human person and capture and for civilians.
guarantees full respect for human rights.”
a) Geneva Convention for the Amelioration of the
- The Philippines has the responsibility of protecting and promoting the right Condition of the Wounded and Sick in Armed Forces in
of every person to liberty and due process, ensuring that those detained or the field of August 12, 1949
arrested can participate in the proceedings before a court, to enable it to
decide without delay or the legality of the detention and order their release. - first Geneva convention
Govt. of HK special administrative region (represented by Phil. DOJ) - applies to armed forces in the field (land)
vs. Hon. Olalia
b) Geneva Convention for the Amelioration of the
- the Philippine authorities are under obligation to make available to Condition of Wounded, Sick and Shipwrecked Members of
every person under detention such remedies which safeguard their Armed Forces at Sea of Aug 12, 1949
fundamental right to liberty.
- second Geneva convention
- these remedies include the right to be admitted to bail
- applies to armed forces ate sea (navy)
- while this court in the Purganan case, limited the exercise of the
right to bail to criminal proceedings, however, in the light of various c) Geneva Convention Relative to the Treatment of
international treaties giving recognition and protection to human rights, Prisoners of War of August 12, 1949
particularly the right to life and liberty, a re-examination of this Court’s ruling - third Geneva convention
in the Purganan case is in order. - deals with prisoners of war
(4) International Humanitarian Law (IHL) d) Geneva Convention to the Protection of the Civilian
- used to be called laws of war/ laws of armed conflict (which may Person in time of war of August 12, 1949
refer to both international armed conflict and internal armed conflict) - fourth Geneva convention
- that branch of public international law which governs armed - applies to civilians
conflict to the end that the use of violence is limited and that human suffering
is mitigated or reduced by regulating or limiting the means of military 2.) 1977 Additional Protocols – supplement the Geneva
operations and by protecting persons who do not or no longer participate in convention
hostilities. a) Protocol Additional to Geneva Conventions of August
* Three Grand Divisions of International Law: 12, 1949 and Relating to the Protection of Victims of
International Armed Conflicts
a) Laws of Peace – govern relations between and among nations under
normal circumstances. - Protocol I of June 8, 1977
b) Laws of War – govern relations between and among belligerent states b) Protocol Additional to Geneva Conventions of August
(states at war) during wartime. 12, 1949 and Relating to the Protection of Victims of
Non-International Armed Conflicts

- Protocol II of June 8, 1977 * Four Categories of Combatants:
☻ IHL encompasses both humanitarian principles and international a) Regular Forces – members of the armed forces except medical
treaties that seek to save lives and alleviate suffering of combatants personnel and chaplain.
and non-combatants during armed conflict. It is not concerned with the
lawfulness or unlawfulness of armed conflicts. b) Irregular Forces – consists of the guerilla and the militia
- they are treated as lawful combatants, provided:
* International Humanitarian Law vs. Human Rights Law
i) they must be under the command of an officer responsible for the
IHL HRL
conduct of his men.
- applies in situations of armed - protects individuals at all times (in
ii) they wear uniforms or insignia recognizable from a distance.
conflict war and peace alike)
iii) they carry arms openly.
- no derogation from certain rights - may permit of some derogation
are permitted because it was from certain rights in situations of iv) they observe the laws and customs of war in the conduct of
conceived for emergency situations public emergency their hostilities.
namely armed conflict
c) Levee En Masse – civilians of an unoccupied territories who
- aims to protect people who do not - tailored primarily for peace time; upon approach of the enemy forces and
or are no longer taking part in apply to everyone without having time to organize,
hostilities spontaneously take up arms to resist the
invading forces.
☻ their principal goal is to protect - once captured, they are considered as combatants (not
☻ the rules embodied in IHL impose individuals from arbitrary behavior civilians) and will be treated as a prisoner of war.
duties on all parties to a conflict by their own government;
d) Officers and Crew of Merchant marine
☻ HRL does not deal with conduct vessels who forcibly resist attack – once
of hostilities. captured, they are considered as combatants
- provides for specific mechanisms - human rights in implementing and will be treated as prisoners of war.
that help its implementation mechanisms are complex and Non-Privileged Combatants – although they have rights
includes regional systems. (limited/minimal), when
* Basic Rules of IHL: captured, are not entitled to be treated as
prisoners of war.
(1.) Attacks must be limited to combatants and military targets
- they do not form part of the regular or irregular forces but
Combatants – persons taking direct part in hostilities or actually takes part directly or indirectly in the hostilities as:
members of the armed forces.
a) spies
Military targets – combatants and objects which by their
nature, location, purpose or use make an effective contribution to b) mercenaries – “soldiers for a fee”/ soldiers of fortune
military action and whose destruction offers a definite military ☻ A soldier, not wearing uniform during hostilities, runs
advantage. the risk of being treated as a spy; thus, not to be treated
☻ Civilians shall not be attacked! as a prisoner of war.
☻ In case of doubt, a person shall be considered a civilian. BAR 1993: Reden, Jolan and Andy, Filipino tourists, were in
Bosnia-Herzegovina when hostilities erupted between the Serbs and the

Moslems. Penniless and caught in the crossfire, Reden, Jolan and - it is prohibited to order or threaten that there
Andy, being retired generals, offered their services to the Moslems shall be no survivors. (No
for a handsome salary, which offer was accepted. When the Serbian Quarter’s Order – “take no prisoners, kill all”)
National Guard approached Sarajero, the Moslem civilian population
spontaneously took up arms to resist the invading troops. Not finding (3) Civilians, wounded combatants and prisoners should be spared
, protected and treated humanely.
time to organize, the Moslems wore armbands to identify themselves,
vowing to observe the laws and customs of war. The three Filipinos Hors De Combat – literally means “out of combat”
fought side by side with the Moslems. The Serbs prevailed resulting
in the capture of Reden, Jolan and Andy, and part of the civilian fighting - disabled soldiers
force. (4) Military and civilian medical personnel and facilities (hospitals,
1) Are Reden, Jolan and Andy considered combatants thus clinics, ambulances, etc.) must be respected and protected and must be
entitled to treatment as prisoners of war? granted all available help for the performances of their duties.
NO. Reden, Jolan and Andy are not combatants because * Concept of Belligerency
they are mercenaries. They offered their services to the Moslems for a - may be understood in two senses:
handsome salary. They are soldiers of fortune. They are not
members of the armed forces but took part in the hostilities. They are non- a) state of war between two or more states
privileged combatants and are not entitled to treatment as prisoners of war.
- the states at war are referred to as “belligerent states” or simply
2) Are the captured civilians likewise prisoners of war? “belligerents”
YES. The captured civilians are prisoners of war. They fall - refers to international armed conflict (in this sense)
under the category of levee en masse. When the Serbian National
b) actual hostilities amounting to a civil war within a state
Guard approached Sarjero, the Moslem civilian population spontaneously
took up arms and resist the invading troops without having time to - there is just one single state here
organize. The Moslems wore armbands to identify themselves, vowing to
observe the laws and customs of war. - refers to non-international armed conflict or simply
internal armed conflict
☻ Civilian objects may not be attacked.
☻ In both instances, IHL applies.
-using civilians to shield military targets is prohibited
- it is prohibited for combatants to pose as civilians
☻ Belligerency in the sense of actual hostilities amounting
- starvation of civilians as a method of combat is prohibited to a civil war within a state presupposes the
existence of rebel movement within a state.
- it is prohibited to attack objects that are indispensable to
the survival of civilian population
- it is prohibited to attack dams, dykes, nuclear power * Stages of Development of a Rebel Movement within a State
plants, if such attack may cause severe losses among the civilian
population. 1) Stage of Insurgency - earlier stage/ less developed stage
(2.) Attacks or weapons which indiscriminately strike civilian and - there is not much international complication as it is purely a matter of
military objects and persons. And which cause excessive injury or suffering municipal law.
are prohibited. 2) Stage of Belligerancy - higher stage of rebellion, when rebellion
☻ Specific weapons are prohibited. develops and becomes widespread

- already a matter of international law as there are now international 2) Ministrant
implications.
☻ IHL will not apply to international conflict but also to non-international
- when the rebels attain the higher stage, in effect, you are admitting that conflict.
within a single state, there are now two
competing governments – legitimate government and rebel government. (5.) The Law on Treaties
Jus Cogens Norm
- conduct of hostilities should now be governed by the laws and customs of
war - a peremptory norm of general international law
- IHL will come into play - a norm accepted and recognized by the international community
- captured rebels are considered combatants and must be treated as of states as a whole as a norm from which no derogation is permitted and
prisoners of war (they have rights) which can be modified only by a subsequent norm of general international
law having the same character.
- third states are to observe strict neutrality in their dealings either with the
rebel government or legitimate government - recognized in the Vienna Convention on the law of
treaties as a ground for invalidity and termination of treaties when they are in
☻ Non-observance of IHL could lead to sanctions. conflict with such norms.
* Minimum Conditions Before Rebels may Attain the Status of ☻ peremptory means mandatory.
Belligerency
* Examples of norms considered as jus cogens in character
1) if the rebels were able to organize a civil government that shall
have control and direction over the armed struggle they are wagering a) the prohibition against the use of force under the UN charter
against the legitimate government. b) the law on genocide
2) if the rebels were able to occupy a substantial portion of the c) the principle of self determination
national territory.
d) crimes against humanity
- occupation must be more or less permanent, such that to be able
to dislodge the rebels, the legitimate the government must use superior force e) prohibition against slavery and slave trade
3) seriousness of the struggle, such that it must be so widespread f) piracy

thereby leaving no doubt as to its possible outcome ☻ A treaty entered into by two states agreeing to invade another state
4) if the rebels were able to observe the laws and customs of war would have to be invalidated as it runs in conflict with a jus cogens
norm – the prohibition against the use of force under the UN charter.
- willingness on their part to observe
Obligation Erga Omnes
* Two Functions of the Government:
- it is an obligation of every state towards the international community as a
1) Constituent – constitute the very bends of society whole.
Ex. Administration of justice ☻ All states have a legal interest for its compliance, and thus all states are
entitled to invoke responsibility for breach of such an obligation.
Maintenance of peace and order
Fixing the relations between husband and wife\ * Examples of obligations erga omnes
- outlawing acts of aggression
- outlawing acts of genocide

* Treaty Making Process * Fundamental Principles Governing Extradition
1) Negotiation- undertaken directly by the heads of states but he now 1) a state is under no legal obligation under international law to surrender a
usually assigns this task to his authorized representatives. fugitive from justice absent an extradition treaty.
2) Signature - when the negotiations finally decide on the terms of the 2) religious and political offenses are generally not extraditable.
treaty, the same opened for signature
Attentat Clause – a provision in an extradition treaty which states
- this step is primarily intended as a means of authenticating the instrument that the murder or assassination of the head of a state or any
and for the purpose of symbolizing the good faith of the parties but it does member of his family will not be considered a political offense and
not indicate the final consent of the state in cases where ratification of therefore extraditable.
the treaty is required.
3) a person extradited may only be charged and prosecuted in the
3) Ratification - power to ratify is vested in the President, subject to the requesting state for an offense which was the basis of the request for his
concurrence of the state extradition (Principle of Specialty)
- the role of the senate, however, is only limited to giving or withholding its 4) unless otherwise stipulated in the treaty, the offense must have been
consent, or concurrence to the ratification. committed in the territory of the requesting state.
- this is the formal act by which a state confirms and accepts the * Two Types of Extradition Treaty
provisions of a treaty concluded by its representatives.
1) Old type – contains a list of extraditable offenses
4) Exchange of the Instrument- signifies the effectivity of the treaty unless
a different date has been agreed upon by the parties 2) Modern type – does not contain a list of extraditable offenses
☻ Where ratification is dispensed with, and no effectivity clause is embodied - also called a “no-list treaty”
in a treaty, the instrument is deemed effective upon its signature. - it merely provides that the offense must be punishable in both states
☻ Executive Agreements are equally binding obligations upon nations - it is not even required that the designation of the offense be the same in
- in international law, there is no difference between treaties and executive both jurisdictions.
agreements in their binding effect upon states concerned, as long as the - follows the principle of double criminality
functionaries have remained within their powers.
Wright vs. CA
(6.) Extradition- regarded as a form of jurisdictional assistance in
international law - Mr. Wright is an Australian who had been staying in the
Philippines for a long time already.
- resorted to by states nowadays to combat transnational crimes
(crimes which defy national borders – drug cases, plunder, etc) - when he first came over, there was no yet extradition treaty
between the Philippines and Australia
☻ Extradition may not be effected unilaterally.
- it was only much later when the two states entered into an
- there are always two states involved in an extradition extradition treaty
a) requesting state – the state where the offenses was alleged to have - when Australian government learned that Mr. Wright was in the
been committed Philippines, it requested that Mr. Wright be extradited to Australia to face trial
b) surrendering state – the state where the fugitive sought refuge for his alleged criminal offense therein.
☻ One of the characteristics or our criminal law is territoriality * under PD 1069 (Extradition Law), jurisdiction over
extradition cases is with the RTC.
- we can only enforce our criminal laws within our jurisdiction.

- during the extradition proceeding in the Makati RTC, Mr. Wright investigation, the due process safeguards in the latter may not necessarily
questioned the entire proceedings on the ground that it violates his right apply during the initial evaluation stage in an extradition proceeding.
against ex post facto laws.
- this we hold for the procedural due process required by a given
SC: The prohibition against ex post facto laws under Section set of circumstances must begin with a determination of the precise nature
22, Article III (Bill of Rights) applies only to criminal or penal laws. An of the government function involved as well as the private interest that has
extradition treaty is neither a criminal nor a penal law. It is a treaty. It been affected by governmental action.
may be given retroactive effect.
- the concept of due process is flexible for not all situations calling
Secretary of Justice vs. Hon. Ralph Lantion for procedural safeguards call for the same kind of procedure.
- Govt. of US requested the extradition of Mark Jimenez coursed * Mark Jimenez is not entitled to the documents he was requesting
through the Department of Foreign Affairs. only at the early stage of the proceeding.
- pursuant to PD 1069, the DFA transmitted the request to the DOJ - eventually he will be furnished those documents at the time
for initial evaluation of filing of the case before the court
- when Mark Jimenez learned of the request made by the US govt - the court must consider the more compelling state interest
for his extradition, he now requested the DOJ to furnish him copies of the
basic request for his extradition and the supporting documents and - the court applied the balancing of interest test in resolving the
evidence so that allegedly he can prepare for his defense. issue
-the DOJ refused * Distinctions between extradition proceedings and criminal

proceedings
SC: (decided January 18, 2000 by a 9-6 vote) Indeed there
was denial of due process. How can you expect him to prepare for his 1) the process of extradition does not involve the determination of
defense if he will not be furnished copies of the documents he was the guilt or innocence of an accused.
requesting. An extradition proceeding is similar to a criminal proceeding. - his guilt or innocence will be adjudged in the court of the
Likewise, the initial evaluation stage in an extradition proceeding is also state where he will be extradited
similar to a preliminary investigation in a criminal proceeding.
- hence, as a rule, constitutional rights that are only
* Strong dissenting opinion relevant to determine the guilt or innocence of an accused cannot be
- this is no longer a case of due process; it is now a case of overdue process invoked by an extraditee especially by one whose extradition papers are still
undergoing evaluation.
- what happens now to our obligations under the US-RP Extradition
Treaty. 2) an extradition proceeding is summary in nature while criminal
proceedings involve a full blown trial
SC: (decided October 17, 2000 by a 9-6 vote) reconsidered;
controlling doctrine!!! 3) with respect to application of rules of evidence, criminal
proceedings requires strict adherence to the rules of evidence while
- an extradition proceeding is sui generis extradition proceedings follow the liberal interpretation rule.
- it is not a criminal proceeding which will call into operation all the 4) in terms of quantum of evidence to be satisfied, criminal
rights of an accused as guaranteed by the Bill of Rights. proceedings requires proof beyond reasonable doubt for conviction while a
fugitive may be ordered extradited upon showing of the existence of a prima
- presumption of innocence does not apply facie case (which is even lower than substantial evidence)
- as an extradition proceeding is not criminal in character and the 5) in a criminal proceeding, judgment becomes executory after
evaluation stage in an extradition proceeding is not akin to a preliminary having attained finality while in an extrajudicial proceeding, our courts may

adjudge an individual to be extraditable but the President has the final - the state may be able to show the substantive evil which it is duty
discretion to extradite him. bound to suppress or prevent but such substantive evil is not of a
clear and present danger type.
* Judicial Approaches to Resolve Questions in Constitutional
Law * BP 880 – Public Assembly Act
1) Dangerous Tendency Rule - under which, the orientation/policy to be observed by police
officers in dealing with rallies and even in the dispersal thereof is maximum
- for the state to justify the impairment or suppression of individual tolerance (the highest degree of restraint)
freedoms, it is enough that the state is able to point out a substantive evil
which the state is duty bound to prevent or suppress. - we therefore live in the era of clear and present danger rule
- for as long as the speech or the expression has that dangerous Bayan vs. Ermita
tendency of producing the substantive evil which the state is duty bound to
prevent or suppress, impairment of fundamental freedoms will be justified. - if the CPR (Calibrated Pre-Emptive Response) policy adopted by
the Arroyo administration in dealing with rallies and mass actions means no
- this rule leans heavily in favor of state power as against more than maximum tolerance as defined by BP 880, then it become a
fundamental freedoms. superfluity (no need for that; the policy has already been laid down by law).
- abandoned!!! - however, if the CPR policy means more than maximum tolerance
as defined by BP 880, then it becomes unconstitutional.
Ex. Speech – “ibagsak ang bulok na gobyerno! Magrebolusyon
tayo!”
- the speech had a dangerous tendency of producing the ☻classic example of Justice Holmes when he formulated the clear
substantive evil which the state is duty bound to prevent or suppress – the and present danger test
resulting revolution, death, injuries, chaos, were the substantive evils, even if
it did not take place. - when you are inside a movie house and you shouted, “fire, fire”
naturally you will get arrested.
- the arrest and dispersal of the rally will be justified under this rule.
- when you are in the middle of an open field and you
2) Clear and Present Danger Rule shouted “fire, fire!”, you will not be arrested.
- formulated by Justice Holmes (backed up by Justice Brandeis)
- this is the more libertarian rule * The presumption now is that any act of the government alleged to
have infringed upon or impaired fundamental freedom, such an act or
- for the state to be justified in the curtailment or suppression of measure comes to court with a heavy presumption of unconstitutionality.
undamental freedoms, it is not enough that the state is able to point out the
substantive evil which the state is duty bound to prevent or suppress, but the - so that the burden of justifying the act lies on the part of
substantive evil must be of a clear and present danger type. the government.
- this rule leans heavily in favor of the fundamental freedoms as * Two Requirements for the Government to Justify the Act
against state power.
1) by some compelling interest
Ex. A group of demonstrators, unarmed, numbering 10,000
participated in by students, urban poor dwellers and religious - the government must be able to show a compelling
members shouting “ibagsak ang gobyerno!” interest that will justify the impairment.
- dispersal of the rally and arrest of the speakers will be unjustified 2) the measure must be narrowly drawn to preclude abuses

- it must not be overbroad, does not suffer from vice of Government of USA vs. Judge Purganan
vagueness and it is not unreasonable (doctrine of overbreadth and void for
vagueness doctrine). 1) before a judge issues a warrant of arrest against a potential extraditee,
prior notice and hearing is not required on two basis:
a) first, statutory basis
JBL Reyes vs. Bagatsing
- under section 6 of PD 1069, once a petition for extradition is filed with the
- Anti-Base Coalition applied for a permit to hold a rally in front of the US RTC, the judge will immediately issue a warrant of arrest.
embassy.
- the word used was “immediately”
- Mayor Bagatsing denied on the ground that it might be infiltrated which
might cause violence. - this word would be rendered nugatory if the issuance of warrant of arrest is
set for hearing.
SC: Mayor Bagatsing is wrong. Any act of the government alleged to
have infringed upon fundamental freedoms comes to court with a heavy - arrest subsequent to a hearing is no longer immediate.
presumption of unconstitutionality. So that the burden now is on the part of - the law could not have contemplated the word “immediately” as a mere
the government to justify the act. superfluity but as a means of inferring a sense of urgency.
3) Balancing of Interest Approach b) second, constitutional basis
- two equally desirable interest of society are colliding but these interests are - under section 2 of the Bill of Rights, prior notice and hearing was never a
equally desirable to the society. requirement for the issuance of a warrant of arrest
Sec. of Justice vs. Hon. Ralph Lantion - on the contrary, the provision says after examination under oath of the
- there are two compelling state interests: complainant and the witnesses he may produce, not of the
extraditee.
a) the interest in the observance of due process
2) during the pendency of an extradition proceeding, a potential extraditee is
b) the interest to comply with our treaty obligation. not entitled to post bail; no bail rule applies.
SC: The more compelling state interest must be upheld to - under section 13 of the Bill of Rights and Rule 114 of the Rules of Court on
prevent the escape of potential extraditee which can be precipitated by bail, the word used was “conviction”
premature information of the basis for the request of his extradition.
- hence, bail is only available to one who is arrested and detained for
- especially since, in extradition, an extraditee is always presumed violation of Philippine criminal laws.
to be a flight risk
- it does not apply in extradition cases where the innocence or the guilt of an
- under PD 1069, the moment the extradition case is filed in court, accused is not in issue.
the judge will immediately issue a warrant for his arrest.
- moreover, the right to bail flows from the presumption of innocence in favor
- only when he is in custody of law will he be entitled to a copy of of an accused in a criminal case.
the documents.
- however, by way of an exception, bail may be granted for as long as the
- this is but a soft restraint on his right to due process on that stage following conditions concur:
- there is no denial of due process for as long as fundamental a) that once granted bail, the extraditee will not be a flight risk or a
fairness is observed. danger to the community; and
b) that there exists a special humanitarian and compelling
circumstances that will justify the grant of bail

- the burden of proving these two requirements lies on the part of - the generally accepted principles of international law
the applicant by clear and convincing evidence. automatically become part of their laws and will no longer require an
enabling act from the legislative body.
Govt. of HK special administrative region (represented by Phil. DOJ)
vs. Judge Olalia (En Banc) - the Philippines subscribe to this doctrine under section 2,
article II of the Constitution, which provides that, “the Philippines adopts the
- the ruling in Purganan should be re-examined
generally accepted principles of international law as part of the law
- these remedies should include the right to bail of the land.”
- in light of the various international treaties giving recognition and 2) Doctrine of Transformation
protection to human rights particularly the right to life and liberty, a re- - the generally accepted principles of international law
examination of the court’s ruling in Purganan is in order does not automatically become part of their laws and will still require an
- especially the trend in international law where an individual is not enabling act from the legislative body.
merely considered as an object but rather a subject of international law and * Examples of generally accepted principles of international law
also in view of the Universal Declaration of Human Rights and the Covenant
of Civil and Political Rights where the Philippines is a signatory and because Pacta Sunt Servanda (treaties must be observed in good faith)
of our commitment to human rights under the Constitution.
- under the pacta sunt servanda rule, a state may not advance the
- yet, for an extraditee to be allowed to post bail, he ought still the provisions of its own Constitution, as well as that of its laws in order not to
two requirements: comply with its obligations under a treaty.
a) that once granted bail, he will not be a flight risk or a - a state must make the necessary modifications to its laws in order
danger to the community; and to comply with its obligations in a treaty.
b) that there exist a special humanitarian and compelling Doctrine of State Immunity from Suit - a state may not be sued
circumstance that will justify the grant of bail to him. without its consent
- the burden of proving these requirements still lies on the part of Doctrine of Sovereign Equality of all States
the applicant by clear and convincing evidence.
- par in parem non habet imperium
Clear and Convincing Evidence
- all states are sovereign equals; an equal may not
- a new standard of evidence adopted by the court lower than proof beyond assume jurisdiction over another equal.
reasonable doubt required in a criminal case but higher than preponderance
of evidence required in civil case. Rebus Sic Stantibus (things remaining as they are)
- this is applied only in application for bail in extradition proceeding - opposite of pacta sunt servanda
- in extradition proceedings, mere prima facie evidence is required. Special Thanks To:
ATTY. JOAN LOU P. GAMBOA
FUNDAMENTALS OF INTERNATIONAL LAW For sharing her handwritten lecture notes
in Political Law Review
Relations between International Law and Municipal Law from the view under Atty. Edwin Sandoval
of practice and for her generous support
* Two Doctrines throughout the years
to UST Law Batch 2009!!!
1) Doctrine of Incorporation


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THE JUDICIARY JUDICIAL POWER AND POLITICAL QUESTION DOCTRINE

Political Law Review Notes (Atty. Edwin Sandoval) 1

EVARDONE VS. COMELEC EDSA 1 EDSA 2

Political Law Review Notes (Atty. Edwin Sandoval) 2

1. Calling out power as commander-in-chief of AFP DAVID VS. GMA

Political Law Review Notes (Atty. Edwin Sandoval) 3

Political Law Review Notes (Atty. Edwin Sandoval) 4

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Political Law Review Notes (Atty. Edwin Sandoval) 15

Undue delegation to the delegate

Political Law Review Notes (Atty. Edwin Sandoval) 16

Political Law Review Notes (Atty. Edwin Sandoval) 17

(a) Senate – 24 senators elected at large;

Political Law Review Notes (Atty. Edwin Sandoval) 18

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Qualifiedly privileged Rule 114 Sec 5 – Bail, when discretionary

Immunity of Members of the Congress Power to Conduct Investigations and Inquiries

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BICAMERAL CONFERENCE COMMITTEE (Sec 1, Art VI – Bicameral Q: What is an enrolled bill?

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Appropriation bills Punong Baranggay

Appropriation Ordinance Gonzales vs. Macaraig

Q: Is the Chief executive of Baranggay an agent, or a person-in-authority?

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EXECUTIVE DEPARTM ENT PRESIDENTIAL SUCCESSION

FAITHFUL EXECUTION CLAUSE (3) Removal

QUALIFICATIONS OF PRESIDENT – ARTICLE VII, Sec. 2 (1) President

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(Did Erap resign?) (3) Military Power - ARTICLE VII, Sec. 18

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PIMENTEL VS. ERMITA Q: To what positions?

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- Unfortunately, the Lovely brothers, among their con-conspirators PARDON AMNESTY

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