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Ust Golden Notes Political Lawpdf Compress
Ust Golden Notes Political Lawpdf Compress
Ust Golden Notes Political Lawpdf Compress
A: It is that branch of public law which deals with Q: In case of doubt, how should the Constitution
the organization and operations of the be construed?
governmental organs of the State and defines its
relations with the inhabitants of the territory. A: The provisions should be considered self‐
(People v. Perfecto, G.R. No. L‐18463, October 4, executing; mandatory rather than directory; and
1922) prospective rather than retroactive. (Nachura,
Reviewer in Political Law, 2005 ed., p. 3)
Q: What is the scope of politicallaw?
Q: What is the doctrine of Constitutional
A: Supremacy?
1. Political law
2. Constitutional law A: Under this doctrine, if a law or contract
3. Administrative law violates any norm of the Constitution, that law
4. Law on municipal corporations or contract, whether promulgated by the
5. Law on public officers legislative or by the executive branch or entered
6. Election laws into by private persons for private purposes, is
7. Public international law null and void and without any force and effect.
Thus, since the Constitution is the fundamental,
Q: What is the Constitution? paramount and supreme law of the nation, it is
deemed written in every statute and contract.
A: The Constitution is the basic and paramount (Manila Prince Hotel v. GSIS, G.R. No. 122156,
law to which all other laws must conform and to Feb. 3, 1997)
which all persons, including the highest officials,
must defer. (Cruz, Constitutional Law, 1998 ed., p. Q: State the legal distinctionsbetweenEDSA 1
4) and 2.
POLITICALLAW TEAM:
2 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
THE CONSTITUTION
Note: Congress may call a ConCon: thereon, to express their will in a genuine
1. By a vote of 2/3 of all manner. Submission of piece‐meal amendments
its members; or is unconstitutional. All amendments must be
2. By a majority vote of submitted for ratification at one plebiscite only.
all its members, submit such The people have to be given a proper frame of
question to the electorate. reference in arriving at their decision. (Tolentino
v. COMELEC, G.R. No. L‐34150, Oct. 16, 1971)
If Congress, acting as a ConAss, calls
for a ConCon but does not provide
a. R.A. 6735
details for the calling of such
ConCon, Congress by exercising its INITIATIVEAND REFERENDUMLAW
ordinary legislative power may
supply such details. But in so doing, Q: What is initiative?
the Congress (as legislature) should A: It is the power of the people to propose
not transgress the resolution of amendments to the Constitution or to propose
Congress acting as a ConAss. and enact legislation.
Note: The manner of calling a Q: What are the three (3) kinds of initiative
ConCon is subject to judicial review under R.A. 6735?
because the Constitution has
provided for voting requirements. A:
1. Initiative on the Constitution—refers to
Note: Choice of which ConAss or ConCon should
a petition proposing amendments to
initiate amendments and revisions is left to the
the Constitution
discretion of Congress. In other words, it is a political
question.
2. Initiative on statutes—refers to a
petition to enact a national legislation
Congress, as a ConAss and the ConCon has no power
to appropriate money for their expenses. Money
may be spent from the treasury only pursuant to an 3. Initiative on local legislation—refers to
appropriation made by law. a petition proposing to enact a regional,
provincial, municipal, city, or barangay
c. By People’s Initiative upon a law, resolution or ordinance (Section 2
petition of at least 12% of the total [a], R.A. 6735)
number of registered voters, of
which every legislative district Note: Section 2 (b) of R.A. 6735 provides for:
1. Indirect Initiative‐ exercise of initiative by the
must be represented by 3% of the
people through a proposition sent to Congress
registered voters therein.
or the local legislative body for action
A: In case of:
2. Ratification – Amendments or revisions
1. Autonomous regions ‐ not less than
to the Constitution should be ratified by
2,000 registered voters
the majority in a plebiscite which should
2. Provinces and Cities – not less than
be held not earlier than 60 days nor
1,000 registered voters
later than 90 days after the approval of
3. Municipalities – not less than 100
such amendment.
registered voters
4. Barangays – not less than 50
Q: What is the Doctrineof ProperSubmission?
Q: What are the limitationson Local initiative? days after their effectivity. (Sec. 10 RA
6735)
A:
1. The power of local initiative shall not be Q: Compare and differentiate the concepts and
exercised more than once a year; processes of initiative from referendum.
2. Initiative shall extend only to subjects or
matters which are within the legal matters A:
which are within the legal powers of the IN IT IA T IV E R EF E R E N DU M
local legislative bodies to enact; and The power of the people The power of the
3. If any time before the initiative is held, the to propose amendments legislation through an
local legislative body shall adopt in toto the to the Constitution or to election called for the
proposition presented, the initiative shall be propose and enact purpose. (Sec. 3, R.A.
legislations through an No. 6735 [1989])
cancelled. However, those against such
action may if they so desire, apply for election called for the
purpose.
initiative.
POLITICALLAW TEAM:
4 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS
A: No. It is too far to be included within the A: Yes. This doctrine also applies to foreign
archipelagic lines encircling the internal waters of government because of the sovereign equality of
Philippine Archipelago. However, the SGI is part all the state. Accordingly, immunity is enjoyed by
of the Philippine territory because it was other States, consonant with the public
discovered by a Filipino seaman in the name of international law principle of par in parem non
Vice‐Admiral Cloma who later renounced his habet imperium. The head of State, who is
claim over it in favor of the Republic of the deemed the personification of the State, is
Philippines. Subsequently, then Pres. Marcos inviolable, and thus, enjoys immunity from suit.
issued a Presidential Decree constituting SGI as (JUSMAG Philippines v. NLRC, G.R. No. 108813,
part of the Philippine territory and sending some December 15, 1994)
of our armed forces to protect said island and
maintain our sovereignty over it. Q: Can the State waive its immunity?
Q: What is the Doctrine of State Immunity? Note: This rule is not absolute.
A: Under this doctrine, the State cannot be sued Q: Do all contracts entered into by the
without its consent. (Sec. 3, Art. XVI, 1987 government operate as a waiver of its non‐
Constitution) suability?
Q: What is the basis of the doctrine of State A: No. Distinction must still be made between
immunity? one which is executed in the exercise of its
sovereign function and another which is done in
A: It reflects nothing less than recognition of the its proprietary capacity. A State may be said to
sovereign character of the State and an express have descended to the level of an individual and
affirmation of the unwritten rule effectively can this be deemed to have actually given its
insulating it from the jurisdiction of courts. It is consent to be sued only when it enters into
based on the very essence of sovereignty. business contracts. It does not apply where the
(Department of Agriculture v. NLRC, G.R. No. contract relates to the exercise of its sovereign
104269, November 11, 1993) functions. (Department of Agriculture vs. NLRC
G.R. No. 104269, November 11, 1993)
Note: There can be no legal right against the
authority which makes the law on which the right Q: When is a suit considered as suit against the
depends (Republic vs. Villasor, GRN L‐30671, State?
November 28, 1973). However, it may be sued if it
gives consent, whether express or implied. A:
1. When the Republic is sued by name;
Q: Does this doctrine apply as well to foreign 2. When the suit is against an
government? unincorporated government agency;
3. When the suit is on its face against a
government officer but the case is such
POLITICALLAW TEAM:
6 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS
that ultimate liability will belong not to to be sued only when it enters into business
the officer but to the government. contracts. However, the restrictive application of
(Republic v. Sandoval, G.R. No. 84607, State immunity is proper only when the
Mar. 19, 1993) proceedings arise out of commercial transactions
of the foreign sovereign, its commercial activities
Q: Petitioners sued the Philippine National or economic affairs. It does not apply where the
Railways for damages for the death of their son contract relates to the exercise of its sovereign
who fell from an overloadedtrain belonging to functions. (United States vs. Ruiz, G.R. No. L‐
the PNR. The trial court dismissedthe suit on the 35645, May 22, 1985)
ground that the charter of the PNR, as amended
by P.D No. 741 has made the same a Q: When is a suit against a public officialdeemed
government instrumentality,and thus immune to be a suit against the State?
from suit. Is the dismissalproper?
A: The doctrine of State Immunity from suit
A: No. The correct rule is that not all government applies to complaints filed against public officials
entities whether corporate or non‐corporate, are for acts done in the performance of their duties
immune from suits. Immunity from suit is within the scope of their authority.
determined by the character of the objects for
which the entity is organized. When the GR: The rule is that the suit must be regarded as
government enters into a commercial business, it one against the state where the satisfaction of
abandons its sovereign capacity and is to be the judgment against the public official concerned
treated like any other corporation. In this case, will require the state to perform a positive act,
the State divested itself of its sovereign capacity such as appropriation of the amount necessary to
when it organized the PNR which is no different pay the damages awarded to the plaintiff.
from its predecessors, the Manila Railroad
Company. (Malang v. PNRC, G.R. No. L‐49930, XPNs: The rule does not apply where:
August 7, 1985) 1. The public official is charged in his
official capacity for acts that are
Q: Distinguish unincorporated government unlawful and injurious to the rights of
agency performing governmental function and others. Public officials are not exempt,
one performing proprietaryfunctions according in their personal capacity, from liability
to the applicability of the Doctrine of State arising from acts committed in bad
Immunity. faith; or
POLITICALLAW TEAM:
8 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS
Q: What is the true test in determiningwhether private property shall not be taken for public use
a suit against a public officer is a suit against the without just compensation will be rendered
State? nugatory. (Ministerio vs. Court of First Instance, L‐
31635, August 31, 1971)
A: The test is that, if a public officer or agency is
sued and made liable, the State will have to
perform an affirmative act of appropriating the PRINCIPLESAND POLICIES
needed amount to satisfy the judgment. If the
State does so, then, it is a suit against the State. Q: Are the provisionsin ArticleII self‐executing?
Q: Is garnishmentof governmentfunds allowed?
A: No. By its very title, Article II of the
A: Constitution is a “declaration of principles and
GR: No. Whether the money is deposited by state policies.” However, principles in Article II
way of general or special deposit, they remain are not intended to be self‐executing principles
government funds and are not subject to ready for enforcement through the courts. They
garnishment. are used by the judiciary as aids or as guides in
the exercise of its power of judicial review, and by
XPN: Where a law or ordinance has been the legislature in its enactment of laws. (Tondo
enacted appropriating a specific amount to Medical v. CA, G.R. No. 167324, July 17, 2007)
pay a valid government obligation, then the
money can be garnished. Note: As a general rule, these provisions are non‐
self‐executing. But a provision that is complete in
Note: Funds belonging to government itself, and provides sufficient rules for the exercise of
corporations which can sue and be sued that are rights, is self‐executing. Thus, certain provisions in
deposited with a bank can be garnished. (PNB v. Art. II are self‐executing, one of which is that
Pabalan, G.R. No. L‐33112, June 15, 1978) provided in Section 16, Art. II, “The State shall
protect and advance the right of the people to a
If the local legislative authority refuses to balanced and healthful ecology in accord with the
enact a law appropriating the money rhythm and harmony of nature.” (Oposa v. Factoran,
judgment rendered by the court, the winning G.R. No. 101083, July, 30, 1993)
party may file a petition for mandamus to
compel the legislative authority to enact a law Q: What is a RepublicanState?
(Municipality of Makati v. CA, G.R. Nos.
89898‐99, Oct.1, 1990) A: It is a state wherein all government authority
emanates from the people and is exercised by
Q: Can the Governmentbe made to pay interest representatives chosen by the people. (Dissenting
in money judgmentsagainstit? Opinion of J. Puno, G.R. No. 148334, January 21,
2004 and Bernas Primer, 2006 Edition)
A:
GR: No. Q: What are the manifestations of
Republicanism?
XPNs:
1. Eminent domain A: The following are the manifestations of
2. Erroneous collection of taxes Republicanism:
3. Where government agrees to pay
interest pursuant to law. 1. Ours is a government of laws and not of
men.
Q: A property owner filed an action directly in 2. Rule of Majority (Plurality in elections)
court against the Republic of the Philippines 3. Accountability of public officials
seeking payment for a parcel of land which the 4. Bill of Rights
nationalgovernmentutilizedfor a road widening 5. Legislature cannot pass irrepealable laws
project.Can the governmentinvoke the doctrine 6. Separation of powers
of non‐suitabilityof the state?
Note: In the view of the new Constitution, the
A: No. When the government expropriates Philippines is not only a representative or republican
state but also shares some aspects of direct
property for public use without paying just
democracy such as “initiative and referendum”.
compensation, it cannot invoke its immunity from
the suit. Otherwise, the right guaranteed in
Section 9, Article III of the 1987 Constitution that
POLITICALLAW TEAM:
10 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS
including lands of the public domain under research and development, invention,
lease or concession suitable to agriculture, innovation, and their utilization; and to
subject to prior rights, homestead rights of science and technology education,
small settlers, and the rights of indigenous training, services. It shall support
communities to their ancestral lands. indigenous, appropriate, and self‐reliant
scientific and cultural capabilities, and
The State may resettle landless farmers their application to the country's
and farm workers in its own agricultural productive systems and national life."
estates which shall be distributed to them
in the manner provided by law." Section 11, Article XIV of the Constitution
provides: "The Congress may provide for
Section 17, Article XIV of the Constitution incentives, including tax deductions, to
states: "The State shall recognize, respect encourage private participation in
and protect the rights of indigenous programs of basic and applied scientific
cultural communities to preserve and research. Scholarships, grants‐in‐aid or
develop their cultures, traditions, and other forms of Incentives shall be
institutions. It shall consider these rights in provided to deserving science students,
the formulation of national plans and researchers, scientists, investors,
policies." technologists, and specially gifted
citizens."
5. Section 17, Article II of the Constitution
provides: "The State shall give priority to Section 12, Article XIV of the Constitution
Education, Science and Technology, Arts, reads: “The State shall regulate the
Culture and Sports to foster patriotism transfer and promote the adaptation of
and nationalism, accelerate social technology from all sources for the
progress, and promote total human national benefit. It shall encourage widest
liberation and development." participation of private groups, local
governments, and community‐based
Section 14, Article XII of the Constitution organizations in the generation and
reads in part: "The sustained development utilization of science and technology."
of a reservoir of national talents consisting
of Filipino scientists, entrepreneurs, Q: Does the 1987 Constitution provide for a
professionals, managers, high‐level policy of transparency in matters of public
POLITICALLAW TEAM:
12 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS
Q: What is the Strict NeutralityApproach? A: This is based on the premise that when
religious conscience conflicts with a government
A: It is not hostile in religion, but it is strict in obligation or prohibition, the government
holding that religion may not be used as a basis sometimes may have to give way. This
for classification for purposes of governmental accommodation occurs when all three conditions
action, whether the action confers rights or of the compelling State interest test are met.
privileges or imposes duties or obligations. Only
secular criteria may be the basis of government Q: What is PermissiveAccommodation?
action. It does not permit, much less require
accommodation of secular programs to religious A: It means that the State may, but is not
belief. (Estrada v. Escritor, A.M. No. P‐02‐1651, required to, accommodate religious interests.
June 22, 2006)
Q: What is ProhibitedAccommodation?
Q: What is the theory of BenevolentNeutrality?
A: This results when the Court finds no basis for a
A: Under this theory the “wall of separation” is mandatory accommodation, or it determines that
meant to protect the church from the State. It the legislative accommodation runs afoul of the
believes that with respect to governmental establishment or the free exercise clause. In this
actions, accommodation of religion may be case, the Court finds that establishment concerns
allowed, not to promote the government’s prevail over potential accommodation interests.
favored form of religion, but to allow individuals
and groups to exercise their religion without Note: The purpose of accommodations is to remove
hindrance. (Estrada v. Escritor, A.M. No. P‐02‐ a burden on, or facilitate the exercise of, a person’s
1651, June 22, 2006) or institution’s religions.
POLITICALLAW TEAM:
14 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS
The legislature cannot, upon passing a law which 3. Congress may delegate Tariff powers to
the President. (Sec. 28 (2), Art. VI)
violates
prevent aan
constitutional provision,
attack thereon validate
in the it so by
courts, as to
a
declaration that it shall be so construed as not to Note: The Tariff and Customs Code is the
violate the constitutional inhibition (Endencia v. enabling law that grants such powers to
David, G.R. No. L‐6355‐56 Aug. 31, 1953). The right the president.
and responsibility to investigate and suspend a
The power to impose tariffs in the first step into the shoes of the legislature and exercise
place is not inherent in the President but discretion in order to repair the omissions.
arises only from congressional grant. Thus,
it is the prerogative of Congress to impose Q: What is the distinction between the
limitations and restrictions on such President’s authority to declare a state of
powers which do not normally belong to national emergency and her authority to
the executive in the first place. (Southern exercise emergencypowers?
Cross Cement Corporation v. Philippine
Cement Manufacturing Corp., G.R. No.
A: The President’s authority to:
158540, Aug. 3, 2005)
Declarea State of ExerciseEmergency
NationalEmergency Powers
4. Delegation to Administrative bodies –
Granted by the Requires a delegation
also known as power of subordinate Constitution, no from Congress. (David,
legislation. legitimate objection can et al. v. Gloria
be raised. Macapagal‐Arroyo, et
Note: This refers to the authority vested al., G.R. No. 171396,
by Congress to the administrative bodies May 3, 2006)
to “fill in the details” which Congress
cannot provide due to lack of opportunity Note: Conferment of
or competence. Such includes the making emergency powers on
of supplementary rules and regulations. the President is not
Such have the force and effect of law. mandatory on Congress.
A:
A: The principal identifying feature of a
1. Completeness Test‐ law must be
presidential form of government is embodied in
complete in all essential terms and
the separation of powers doctrine.
conditions when it leaves the
legislature so that there will be Note: In presidential system, the President is both
nothing left for the delegate to do the head of State and the head of government.
when it reaches him except to
enforce it. Q: What are the essential characteristics of a
parliamentaryform of government?
2. Sufficient Standard Test‐ if law does
not spell out in detail the limits of the A:
delegate’s authority, it may be 1. The members of the government or cabinet
sustained if delegation is made or the executive arm are, as a rule,
subject to a sufficient standard. simultaneously members of the legislature;
POLITICALLAW TEAM:
16 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS
4. The government or cabinet remains in power Q: What are the classificationsof governmenton
only for so long as it enjoys the support of the basis of legitimacy?
the majority of the legislature;
A:
5. Both government and legislature are 1. De jure government. A government
possessed of control devices which each can truly and lawfully established by the
demand of the other immediate political Constitution of a State but which having
responsibility. In the hands of the legislature been in the meantime displaced is
is the vote of non‐confidence (censure) actually cut off from power or control.
whereby government may be ousted. In the 2. De facto government. A government of
hands of the government is the power to fact; one actually exercising power and
dissolve the legislature and call for new control in the State as opposed to the
elections. true and lawful government.
Q: What are the functionsof the Government? Q: What are the kinds of a de facto government?
A: A:
1. Constituent – mandatory for the 1. De facto proper – government that gets
government to perform because they possession and control of, or usurps, by
constitute the very bonds of society. force or by the voice of the majority,
the rightful legal government and
2. Ministrant – intended to promote the maintains itself against the will of the
welfare, progress and prosperity of the latter;
people. 2. Government of paramount force –
established and maintained by military
Note: Distinction of function is no longer relevant forces who invade and occupy a
because the Constitution obligates the State to territory of the enemy in the course of
promote social justice and has repudiated the laissez war; and
faire policy (ACCFA v. Federation of Labor Unions, 3. Independent government – established
G.R. No. L‐221484, Nov. 29, 1969). However, in
by the inhabitants of the country who
Shipside Incorporated v. CA (G.R. No. 143377, Feb.
rise in insurrection against the parent
20, 2001), the nature of the function of the BCDA
State. (Kop Kim Cham v. Valdez Tan Key,
was a factor to determine the locus standi of the
G.R. No. L‐ 5, Sept. 17, 1945)
Government.
Compositions,Qualificationsand Terms of Office 2. One who has been 2. One who has been
declared by competent declared by competent
Q: Discuss the composition, qualifications, and authority as insane or authority as insane or
term of office of members of Congress. incompetent incompetent
POLITICALLAW TEAM:
18 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
A: District representatives are those who were 4. Legislative districts shall be re‐
elected from legislative districts apportioned apportioned by Congress within 3 years
among the provinces, cities and the Metropolitan after the return of each census (Senator
Manila area. Aquino III v. COMELEC, G.R. No. 189793,
April 7, 2010.
Q: How are legislativedistricts apportioned?
Note: GR: There must be proportional
A: Legislative districts are apportioned among the representation according to the number of their
provinces, cities, and the Metropolitan Manila constituents/inhabitants
area. They are apportioned in accordance with
XPN: In one city‐one representative/one province‐
the number of their respect inhabitants and on
one representative rule.
the basis of a uniform and progressive ratio.
(Section 5, Article VI, 1987Constitution)
Note: Where a town is converted to a highly
urbanized city with a population of not less than
Each city with a population of at least 250,000 250, 000, the creation of a separate congressional
shall have at least one representative. Each district is in keeping with the one city‐one
province shall have at least one representative. representative/one province‐one representative
rule.
Note: The question of the validity of an
apportionment law is a justiciable question. (Macias A city which has exceeded the number of 250, 000
v. Comelec, G.R. No. L‐18684, September 14, 1961) inhabitants is entitled to one representative.
Q: What are the conditions for apportionment? Q: What is the reason for such rule?
POLITICALLAW TEAM:
20 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
Note: In Montejo vs. COMELEC, it was held that nominates and supports certain of its
while concededly the conversion of Biliran into a leaders and members as candidate in
regular province brought about an imbalance in the public office (Bayan Muna v. COMELEC,
distribution of voters and inhabitants in the 5 G.R. No. 147612, June 28, 2001)
districts of Leyte, the issue involves reapportionment
of legislative districts, and Petitioner’s remedy lies 2. National party – its constituency is
with Congress. This Court cannot itself make the
spread over the geographical territory
reapportionment as petitioner would want.
of at least a majority of regions
(Montejo vs. COMELEC G.R. No. 118702, March 16,
1995)
3. Regional party – its constituency is
spread over the geographical territory
Q: What is Gerrymandering?Is it allowed?
of at least a majority of the cities and
provinces comprising the region
A: Gerrymandering is the formation of one
legislative district out of separate territories for
4. Sectoral party – organized group of
the purpose of favoring a candidate or a party. It
citizens belonging to any of the
is not allowed because the Constitution provides
following sectors: labor, peasant,
that each district shall comprise, as far as
fisherfolk, urban poor, indigenous,
practicable, contiguous, compact and adjacent
cultural communities, elderly,
territory (Bernas, Reviewer in Philippine
handicapped, women, youth, veterans,
Constitution, p. 186)
overseas workers and professionals,
whose principal advocacy pertains to
the special interest and concerns of
PARTY‐LIST SYSTEM
their sectors.
POLITICALLAW TEAM:
22 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
1. The parties, organizations, and A: Legislators are privileged from arrest while
coalitions shall be ranked from the Congress is “in session” with respect to offenses
highest to the lowest based on the punishable by up to 6 years of imprisonment.
number of votes they garnered during
the elections. Q: What is the purpose of parliamentary
2. The parties, organizations, and immunities?
coalitions receiving at least 2% of the
total votes cast for the party‐list system A: It is not for the benefit of the officials; rather, it
shall be entitled to one guaranteed seat is to protect and support the rights of the people
each. by ensuring that their representatives are doing
3. Those garnering sufficient number of their jobs according to the dictates of their
votes, according to the ranking in conscience. It is indispensable no matter how
paragraph 1, shall be entitled to powerful the offended party is.
additional seats in proportion to their
total number of votes until all the Q: May a congressman who committed an
additional seats are allocated. offense punishable for not more than 6 years,
4. Each party, organization, or coalition but is not attending session, be arrested?
shall be entitled to not more than 3
seats. A: No. So long as he is an incumbent
congressman, and so long as Congress is in
Note: In computing the additional seats, the session, whether or not he is attending it, he shall
guaranteed seats shall no longer be included be immune from arrest. (People of the Philippines
because they have already been allocated, at one v. Jalosjos, G.R. Nos. 132875‐76, February 3,
seat each, to every two percent. Thus, the 2000).
remaining available seats for allocation as
“additional seats” are the maximum seats reserved Q: Can a senator‐lawyer be disbarred or
under the party‐list system less the guaranteed
disciplined by the Supreme Court for statements
seats. Fractional seats are disregarded in the
made during a privilege speech?
absence of a provision in R.A. 7941 allowing for a
rounding off of fractional seats. (BANAT v. COMELEC,
A: No. Indeed, the senator‐lawyer’s privilege
G.R. No. 179271, April 21, 2009)
speech is not actionable criminally or in a
disciplinary proceeding under the Rules of Court.
Q: Is the two percent threshold prescribed in
The Court, however, would be remiss in its duty if
Section 11 (b) R.A. 7941 constitutional?
it let the Senator’s offensive and disrespectful
language that definitely tended to denigrate the
A: No. The Court therefore strikes down the two
institution pass by. It is imperative on the Court’s
percent threshold only in relation to the
part to re‐instill in Senator/Atty. Santiago her
distribution of the additional seats as found in the
duty to respect courts of justice, especially this
second clause of Section 11 (b) of RA 7941. The
Tribunal, and remind her anew that
two percent threshold presents an unwarranted
parliamentary non‐accountability thus granted to
obstacle to the full implementation of Section
members of Congress is not to protect them
5(2), Article VI of the Constitution and prevents
against prosecutions for their own benefit, but to
the attainment of the “broadest possible
enable them, as the people’s representatives, to
representation of party, sectoral or group
perform the functions of their office without fear
interests in the House of Representatives”.
of being made responsible before the courts or
(BANAT v. COMELEC, G.R. No. 179271, April 21,
other forums outside the congressional hall. It is
2009)
intended to protect members of congress against
government pressure and intimidation aimed at
influencing the decision‐making prerogatives of
LEGISLATIVEPRIVILEGES,INHIBITIONSAND
DISQUALIFICATIONS
Congress and its members. (Pobre v. Sen.
Defensor‐Santiago, A.C. No. 7399, Aug. 25, 2009)
POLITICALLAW TEAM:
24 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
punishable by not more than 6 years Note: To invoke the privilege of speech, the matter
imprisonment may be arrested. must be oral and must be proven to be indeed
privileged.
Q: Is there immunityfrom searches?
Q: What does speechor debate encompass?
A: No. The Constitution provides only a privilege
from arrest in order to ensure the attendance of A: It includes a vote or passage of a resolution, all
Congressmen. the utterances made by Congressmen in the
performance of their functions such as speeches
Q: What is legislativeprivilege? delivered, statements made, or votes casts in the
halls of Congress. It also includes bills introduced
A: No member shall be questioned or held liable in Congress (whether or not it is in session) and all
in any forum other than his/her respective the other utterances (made outside or inside the
suspension of a Member
prosecuted criminally of violation
for the the HoR ofbeing
the
b. INCOMPATIBLEAND FORBIDDENOFFICES
Anti‐Graft and CorruptPracticesAct?
government office in an ex‐officio The auxiliary status of a Red Cross Society means
capacity. that it is at one and the same time a private
institution and a public service organization
2. Forbidden office – Neither shall a because the very nature of its work implies
senator or a member of the House of cooperation with the authorities, a link with the
Representatives be appointed to any State. In carrying out their major functions, Red
office which may have been created or Cross Societies give their humanitarian support to
the emoluments thereof increased official bodies, in general having larger resources
during the term for which he was than the Societies, working towards comparable
elected. (Sec. 13, Art. VI, 1987 ends in a given sector. (Liban v. Gordon, G. R. No.
Constitution) 175352, January 18, 2011)
POLITICALLAW TEAM:
26 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
4. To re‐pass a bill after 2/3 of the Members of Note: In computing quorum, members who are
Presidential veto the House where it outside the country and thus outside of each
srcinated followed by House’s jurisdiction are not included.
2/3 of the Members of
the other House Q: What is the effect if there is no quorum?
5. To determine the 2/3 of both Houses
President’s disability voting separately (Sec. A: In the absence of quorum, each House may
after submissions by 11, Article VI) adjourn from day to day and may compel the
both the Cabinet and attendance of absent members in such manner
the President and under such penalties as each House may
provide.
Q: What is the rule on adjournment?
Note: The members of the Congress cannot compel
A: Neither House during the sessions of the absent members to attend sessions if the reason of
Congress shall, without the consent of the other, absence is a legitimate one. The confinement of a
adjourn for more than 3 days, nor to any other Congressman charged with a non‐bailable offense
place than that in which the two Houses shall be (more than 6 years) is certainly authorized by law
sitting. (Sec. 16, Art. VI) and has constitutional foundations (People v.
Jalosjos, G.R. No. 132875‐76, February 3, 2000)
Q: What is adjournmentsine die?
A: A quorum is such number which enables a Q: Can the courts intervene in the
body to transact its business. It is such number implementation of the internal rules of
which makes a lawful body and gives such body Congress?
the power to pass a law or ordinance or any valid
act that is binding. A: No. As part of their inherent power, Congress
can determine their own rules. Hence, the courts
AlternativeAnswer: cannot intervene in the implementation of these
rules insofar as they affect the members of
Congress (Osmeña v. Pendatun, G.R. No L‐17144,
Quorum is based on the proportion between October 28, 1960)
those physically present and the total
membership of the body.
Note: Corollary to Congress’ power to make rules is
the power to ignore the same rules when
circumstances so require.
POLITICALLAW TEAM:
28 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
(Romualdez‐Marcos v. COMELEC, G.R. No. Q: Can the ET meet when Congress is not in
119976, Sept. 18, 1995) session?
Q: Does the HRET have authority to pass upon A: Yes. Unlike the Commission on Appointments,
the eligibilities of the nominees of the party‐list the ET shall meet in accordance with their rules,
groups that won in the lower house of Congress? regardless of whether Congress is in session or
not.
A: Yes. By analogy with the cases of district
representatives, once the party or organization of Q: Is there an appeal from the ET’s decision?
the party‐list nominee has been proclaimed and
the nominee has taken his oath and assumed A: No. Sec. 17 of Art. VI provides that the
office as member of the HoR, the COMELEC’s SET/HRET is the sole judge of all contests. Hence,
jurisdiction over election contests relating to his from its decision, there is no appeal. Appeal is not
qualifications ends and the HRET’s own a constitutional but merely a statutory right.
jurisdiction begins. (Abayon v. HRET, G.R. No.
189466, Feb. 11, 2010) Q: Is there any remedy from its decision?
Q: What are the valid grounds or just causes for A: Yes. A special civil action for certiorari under
terminationof membershipto the tribunal? Rule 65 of the Rules of Court may be filed. This is
based on grave abuse of discretion amounting to
A: lack or excess of jurisdiction. This will be filed
1. Expiration of Congressional term of Office before the Supreme Court.
2. Death or permanent disability
3. Resignation from the political party he
represents in the tribunal b. COMMISSIONON APPOINTMENTS(CA)
4. Formal affiliation with another political
party Q: What is the composition of the Commission
5. Removal from office for other valid reasons. on Appointments(CA)?
(Bondoc v. Pineda, G.R. No. 97710, Sept. 26, A:
1991) 1. Senate President as ex‐officio chairman
2. 12 Senators
Q: Rep. Camasura was a member of the HRET. 3. 12 members of the HoR (Sec. 18, Art. VI)
There was an electoral contest involving his
party‐mate and Bondoc. The party instructed Note: A political party must have at least 2 elected
him to vote for his party‐mate. However, Rep. senators for every seat in the Commission on
Camasura cast a conscience vote in Bondoc’s Appointments. Thus, where there are two or more
favor. Thus, the party expelled him from HRET political parties represented in the Senate, a political
on the grounds of disloyalty to the party and party/coalition with a single senator in the Senate
breach of party discipline. Was the expulsion cannot constitutionally claim a seat in the
valid? Commission on Appointments. It is not mandatory to
elect 12 senators to the Commission; what the
Constitution requires is that there must be at least a
A: No. SET/HRET members are entitled to security
majority of the entire membership. (Guingona, Jr. v.
of tenure to ensure their impartiality and
Gonzales, G.R. No. 106971, October 20, 1992)
independence. As judge‐members of the tribunal,
they must be non‐partisan, they must discharge
Q: How are the 12 Senators and 12
their functions with complete detachment;
Representativeschosen?
independence and impartiality, even from the
party to which they belong. Thus, disloyalty to
A: The members of the Commission shall be
party and breach of party discipline are not valid
elected by each House on the basis of
grounds for expelling a tribunal’s member. The
proportional representation from the political
members are not supposed to vote along party
party and party list. Accordingly, the sense of the
lines—once appointed. (Bondoc v. Pineda, G.R.
Constitution is that the membership in the
No. 97710, Sept. 26, 1991)
Commission on Appointment must always reflect
political alignments in Congress and must
Note: A member may not be expelled by the HoR for
therefore adjust to changes. It is understood that
party disloyalty short of proof that he has formally
affiliated with another political group.
such changes in party affiliation must be
permanent and not merely temporary alliances
(Daza v. Singson, G.R. No. 86344, December 21,
POLITICALLAW TEAM:
30 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
1989 ). Endorsement is not sufficient to get a seat disapproval by the CA or until the next
in COA. adjournment of Congress (Sarmiento III
v. Mison, G.R. No. L‐79974, December
Note: The provision of Sec. 18, Art. VI of the 17, 1987)
Constitution, on proportional representation is
mandatory in character and does not leave any Q: What are the guidelines in the meetings of
discretion to the majority party in the Senate to the CA?
disobey or disregard the rule on proportional
representation; otherwise, the party with a majority A:
representation in the Senate or the HoR can by sheer
1. Meetings are held either at the call of
force of numbers impose its will on the hapless
the Chairman or a majority of all its
minority. By requiring a proportional representation
members.
in the CA, Sec. 18 in effect works as a check on the
2. Since the CA is also an independent
majority party in the Senate and helps maintain the
balance of power. No party can claim more than constitutional body, its rules of
what it is entitled to under such rule (Guingona, Jr. v. procedure are also outside the scope of
Gonzales, G.R. No. 105409, Mar.1, 1993). congressional powers as well as that of
the judiciary. (Bondoc v. Pineda, G.R.
Q: What is the jurisdictionof the CA? No. 97710, Sept. 26, 1991)
A: CA shall confirm the appointments by the Note: The ET and the CA shall be constituted within
President with respect to the following positions: 30 days after the Senate and the HoR shall have
HAPCOO been organized with the election of the Senate
President and the Speaker of the House.
1. Heads of the Executive departments.
(except if it is the Vice‐President who is
appointed to the post) POWERSOF CONGRESS
2. Ambassadors, other Public ministers or
Consuls a. LEGISLATIVEPOWER
3. Officers of the AFP from the rank of
colonel or naval captain Q: What are the legislativepowers of Congress?
4. Other officers whose appointments are
vested in him by the Constitution (i.e. A:
COMELEC members) (Bautista v. 1. General plenary power (Sec. 1, Art. VI)
POLITICALLAW TEAM:
32 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
the disbursement is made by resolution of a local Note: “In aid of legislation” does not mean that
legislative body and not by Congress does not
there is pending legislation regarding the subject of
make it any less offensive to the Constitution.
the inquiry. In fact, investigation may be needed for
Above all, the resolution constitutes a clear
purposes of proposing future legislation.
violation of the Non‐establishment Clause of the
Constitution.
If the stated purpose of the investigation is to
determine he existence of violations of the law, the
Q: Who shall proposethe budget? investigation is no longer “in aid of legislation” but
“in aid or prosecution.” This violates the principle of
A: The President shall propose the budget and separation of powers and is beyond the scope of
submit it to Congress. It shall indicate the Congressional powers.
expenditures, sources of financing as well as
receipts from previous revenues and proposed Q: What is the scope of subject matter of the
revenue measures. It will serve as a guide for power to conductinquiriesin aid of legislation?
Congress:
A: Indefinite. The field of legislation is very wide
1. In fixing the appropriations; as compared to that of the American Congress.
2. In determining the activities which And because of such, the field of inquiry is also
should be funded. (Section 22, Art. VII) very broad. It may cover administrative inquiries,
social, economic, political problem (inquiries),
3. The investigation must be in aid of A: It is true that in Bengzon, the Court declared
legislation. that the issue to be investigated was one over
which jurisdiction had already been acquired by
4. Congress may not summon the the Sandiganbayan, and to allow the [Senate Blue
President as witness or investigate the Ribbon] Committee to investigate the matter
latter in view of the doctrine of would create the possibility of conflicting
separation of powers except in judgments; and that the inquiry into the same
impeachment cases. justiciable controversy would be an
encroachment on the exclusive domain of judicial
Note: It is the President’s prerogative to jurisdiction that had set in much earlier.
divulge or not the information which he
deems confidential or prudent in the To the extent that, in the case at bench, there are
public interest. a number of cases already pending in various
courts and administrative bodies involving the
5. Congress may no longer punish the petitioners, relative to the alleged sale of
witness in contempt
adjournment. The basis ofafter its final
the power to unregistered foreign securities, there is a
resemblance between this case and Bengzon.
impose such penalty is the right to self‐ However, the similarity ends there.
preservation. And such right is
enforceable only during the existence of
POLITICALLAW TEAM:
34 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
Central to the Court’s ruling in Bengzon ‐‐ that the Q: Distinguish question hour from legislative
Senate Blue Ribbon Committee was without any investigation.
constitutional mooring to conduct the legislative
investigation ‐‐ was the Court’s determination A:
that the intended inquiry was not in aid of LEGISLATIVE
QUESTION HOUR
legislation. The Court found that the speech of INVESTIGATION
(SEC. 22, ART. VI,
Senator Enrile, which sought such investigation (SEC. 21, ART. VI,
1987 CONSTITUTION)
contained no suggestion of any contemplated 1987 CONSTITUTION)
legislation; it merely called upon the Senate to As to persons who may appear
look into possible violations of Sec. 5, R.A. No. Only a department head Any person
3019. Thus, the Court held that the requested As to who conducts the investigation
probe failed to comply with a fundamental Entire body Committees
requirement of Sec. 21, Article VI of the
As to subject matter
Constitution. (Standard Chartered Bank v. Senate, Matters related to the Any matter for the
G.R. No. 167173, Dec. 27, 2007)
department only purpose of legislation
Q: Does Congresshave the power to cite persons
in contempt?
d. POWEROF OVERSIGHT
A: Yes. Even if the Constitution only provides that
Congress may punish its members for disorderly Q: What is the power of oversightof Congress?
behavior or expel the same, it is not an exclusion
of power to hold other persons in contempt. A: The power of oversight embraces all activities
undertaken by Congress to enhance its
Note: Congress has the inherent power to punish understanding of and influence over the
recalcitrant witnesses for contempt, and may have implementation of legislation it has enacted. It
them incarcerated until such time that they agree to concerns post‐enactment measures undertaken
testify. The continuance of such incarceration only by Congress. (Macalintal v. COMELEC, G.R. No.
subsists for the lifetime, or term, of such body. Thus, 157013 July 10, 2003, [Separate opinion of Justice
each House lasts for only 3 years. But if one is Puno])
incarcerated by the Senate, it is indefinite because
the Senate, with its staggered terms, is a continuing
Q: What is the scope of the power of oversight?
body.
Q: Does the pardoning power of the President A: To:1. Monitor bureaucratic compliance with
apply to cases of legislativecontempt?
program objectives
2. Determine whether agencies are
A: No. It is a limitation on the President’s power
properly administered
to pardon by virtue of the doctrine of separation
3. Eliminate executive waste and
of powers.
dishonesty
4. Prevent executive usurpation of
Q: What is the so‐called ‘questionhour’?
legislative authority
5. Assess executive conformity with the
A: The heads of departments may upon their own
congressional perception of public
initiative with the consent of the President, or
interest. (Macalintal v. COMELEC, G.R.
upon the request of either House, as the rules of
No. 157013, Jul. 10, 2003, [Separate
each house shall provide, appear before and be
opinion of Justice Puno])
heard by such House on any matter pertaining to
their departments. Written questions shall be
Q: What are the bases of oversight power of
submitted to the President of the Senate or the
Congress?
Speaker of the HoR at least 3 days before their
scheduled appearance. Interpellations shall not
A: The power of oversight has been held to be:
be limited to written questions, but it may cover
matters related thereto. When the security of the
1. Intrinsic in the grant of legislative power
State or the public interest so requires, the itself
appearance shall be conducted in executive
2. Integral to the system of checks and
session (Sec. 22, Art.VI, 1987 Constitution)
balances
3. Inherent in a democratic system of
government
Q: What are the categories of Congressional enforcing, applying or implementing its own laws.
OversightFunctions? Thus, legislative veto is not allowed in the
Philippines. (ABAKADA Guro Party‐list v. Purisima,
A: G.R. No. 166715, Aug. 14, 2008)
1. Scrutiny—implies a lesser intensity and
continuity of attention to administrative Q: Can Congress exercise discretion to approve
operations. Its primary purpose is to determine or disapprove an IRR based on a determination
economy and efficiency of the operation of of whether or not it conformedto the law?
government activities. In the exercise of
legislative scrutiny, Congress may request A: No. In exercising discretion to approve or
information and report from the other branches disapprove the IRR based on a determination of
of government. It can give recommendations or whether or not it conformed to the law, Congress
pass resolutions for consideration of the agency arrogated judicial power unto itself, a power
involved. It is based primarily on the power of exclusively vested in the Supreme Court by the
appropriation of Congress. But legislative scrutiny Constitution. Hence, it violates the doctrine of
does not end in budget hearings. Congress can separation of powers. (ABAKADA Guro Party‐list
ask the heads of departments to appear before v. Purisima, G.R. No. 166715, Aug. 14, 2008)
and be heard by either the House of Congress on
any matter pertaining to their department. Q: May the Senate be allowed to continue the
Likewise, Congress exercises legislative scrutiny conduct of a legislative inquiry without a duly
thru its power of confirmation to find out publishedrules of procedure?
whether the nominee possesses the necessary
qualifications, integrity and probity required of all A: No. The phrase “duly published rules of
public servants. procedure” requires the Senate of every Congress
to publish its rules of procedure governing
2. Congressional investigation—involves a more inquiries in aid of legislation because every
intense digging of facts. It is recognized under Senate is distinct from the one before it or after
Section 21, Article VI. Even in the absence of it. (Garcillano v. House of Representatives
constitutional mandate, it has been held to be an Committee on Public Information, G.R. No.
essential and appropriate auxiliary to the 170338, Dec. 23, 2008)
legislative functions.
Q: Is the present (2008) Senate a continuing
3. Legislative supervision—it connotes a legislativebody?
continuing and informed awareness on the part
of congressional committee regarding executive A: The present Senate under the 1987
operations in a given administrative area. It Constitution is no longer a continuing legislative
allows Congress to scrutinize the exercise of body. The present Senate has 24 members,
delegated law‐making authority, and permits twelve of whom are elected every 3 years for a
Congress to retain part of that delegated term of 6 years each. Thus, the term of 12
authority. Senators expires every 3 years, leaving less than a
majority of Senators to continue into the next
Q: What is legislative veto? Is it allowed in the Congress (Garcillano v. House of Representatives
Philippines? Committee on Public Information, et al., G.R. No.
170338, Dec. 23, 2008).
A: Legislative veto is a statutory provision
requiring the President or an administrative Note: There is no debate that the Senate as an
agency to present the proposed IRR of a law to institution is "continuing", as it is not dissolved as an
Congress which, by itself or through a committee entity with each national election or change in the
formed by it, retains a “right” or “power” to composition of its members. However, in the
approve or disapprove such regulations before conduct of its day‐to‐day business the Senate of
they take effect. As such, a legislative veto in the each Congress acts separately and independently of
the Senate of the Congress before it.
form of a congressional oversight committee is in
the form of an inward‐turning delegation
Undeniably, all pending matters and proceedings,
designed to attach a congressional leash to an i.e. unpassed bills and even legislative investigations,
agency to which Congress has by law initially
of the Senate of a particular Congress are considered
delegated broad powers. It radically changes the terminated upon the expiration of that Congress and
design or structure of the Constitution’s diagram it is merely optional on the Senate of the succeeding
of power as it entrusts to Congress a direct role in Congress to take up such unfinished matters, not in
POLITICALLAW TEAM:
36 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
the same status, but as if presented for the first time. surprise or fraud upon the legislature, and to fairly
The logic and practicality of such a rule is readily appraise the people. (Central Capiz v. Ramirez, G.R.
apparent considering that the Senate of the No. 16197, March 12, 1920)
succeeding Congress (which will typically have a
different composition as that of the previous Q: When does a bill become a law?
Congress) should not be bound by the acts and
deliberations of the Senate of which they had no A:
part. (Neri v. Senate Committee on Accountability of 1. Approved and signed by the President
Public Officers and Investigations, GR. No. 180643, 2. Presidential veto overridden by 2/3
Sept. 4, 2008) vote of all members of both Houses
3. Failure of the President to veto the bill
Q: What is its consequence? and to return it with his objections to
the House where it srcinated, within
A: The consequence is that the Rules of Procedure
must be republished by the Senate after every 4. 30
A days after thea date
bill calling of receipt
special election for
expiry of the term of the 12 Senators (Garcillano President and Vice‐President under Sec.
v. House of Representatives Committee on Public 10. Art. VII becomes a law upon third
Information, G.R. No. 170338, Dec. 23, 2008) reading and final reading
Q: Is the publicationof the rules in the Interneta Q: What are the Rules regarding the Passage of
valid publication? Bills?
A: For each House of Congress to pass a bill, only 5. The yeas and the nays shall be entered in the
the votes of the majority of those present in the Journal.
session, there being a quorum, is required.
XPN: The certification of the President dispenses
Note: The basis for determining the existence of a with the reading on separate days and the
quorum in the Senate shall be the total number of printing of the bill in the final form before its final
Senators who are within the coercive jurisdiction of
approval. (Tolentino v. Secretary of Fincance,
the Senate (Avelino v. Cuenco, G.R. No. L‐2821, Mar.
G.R.No. 115455, October 30, 1995)
4, 1949).
only one subject. The subject shall be expressed Q: How many readings must a bill undergo
in the title of the bill. This rule is mandatory.
before it may become a law?
Note: The purpose of such rule is (1) to prevent
hodgepodge or log‐rolling legislation, (2) to prevent
A: Each bill must pass 3 readings in both Houses.
GR: Each reading shall be held on separate (Tolentino v. Secretary of Finance, G.R. No,
days and printed copies thereof in its final 115455, August 25, 1994)
form shall be distributed to its Members, 3
days before its passage. Q: When does the law take effect?
XPN: If a bill is certified as urgent by the A: A law must be published as a condition for its
President as to the necessity of its immediate effectivity and in accordance with Article 2 of the
enactment to meet a public calamity or Civil Code, it shall take effect fifteen days
emergency, the 3 readings can be held on the following the completion of its publication in the
same day. (Sec. 26, Art. VI) Official Gazette or in a newspaper of general
circulation unless it is otherwise provided. (GR L‐
Q: What are the reasons for the three readings? 63915, December 29, 1986)
A:
1. To address the tendency of legislators, (on LIMITATIONSON LEGISLATIVEPOWER
the last day of the legislative year when
legislators were eager to go home) a. LIMITATIONSON REVENUE,APPROPRIATION
2. To rush bills through AND TARIFF MEASURES
3. To insert alters which would not otherwise
stand scrutiny in leisurely debate. Q: What are the constitutionallimitations on the
legislative’s power to enact laws on revenue,
Q: What is the purpose of the constitutionof the appropriationand tariff measures?
Bicameral ConferenceCommittee?
A:
A: A Conference Committee is constituted and is 1. All appropriation, revenue or tariff bills, bills
composed of Members from each House of authorizing increase of the public debt, bills of
Congress to settle, reconcile or thresh out local application, and private bills, shall srcinate
differences or disagreements on any provision of exclusively in the House of Representatives, but
the bill. the Senate may propose or concur with
amendments. (Sec. 24, Art. VI)
Q: If the version approved by the Senate is
different from that approved by the House of Note: The initiative for filing of ART bills must come
Representatives, how are the differences from the House, but it does not prohibit the filing in
reconciled? the Senate of a substitute bill in anticipation of its
receipt of the bill from the House, so long as the
A. In a bicameral system, bills are independently action by the Senate is withheld pending the receipt
processed by both Houses of Congress. It is not of the House bill (Tolentino v. Sec. of Finance, G.R.
unusual that the final version approved by one No. 115455, Aug. 25, 1994).
House differs from what has been approved by
the other. 2. The President shall have the power to veto any
particular item or items in an appropriation,
The “conference committee,” consisting of revenue, or tariff bill, but the veto shall not affect
members nominated from both Houses, is an the item or items to which he does not object.
extra‐constitutional creation of Congress whose (Section 27 [2], Art. VI)
function is to propose to Congress ways of
reconciling conflicting provisions found in the Q: What are the implied limitations on
Senate version and in the House version of a bill. appropriationpower?
(Concurring and Dissenting Opinion, J. Callejo, Sr.,
G.R. No. 168056, September 1, 2005) A:
1. Must specify public purpose
Q: Are the conferees limited to reconciling the 2. Sum authorized for release must be
differencesin the bill? determinate, or at least determinable.
(Guingona v. Carague, G.R. No. 94571,
A: The conferees are not limited to reconciling April 22, 1991)
the differences in the bill but may introduce new
provisions germane to the subject matter or may Q: What are the constitutional limitations on
report out an entirely new bill on the subject. special appropriationsmeasures?
POLITICALLAW TEAM:
38 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
Note: Pocket veto is not applicable in the Philippines 8. Power to confirm certain
because inaction by the President for 30 days never appointments/nominations made by
produces a veto even if Congress is in recess. The the President (Secs. 9 and 16, Art. VII)
President must still act to veto the bill and 9. Power of Impeachment (Sec. 2, Art. XI)
communicate his veto to Congress without need of 10. Power relative to natural resources
returning the vetoed bill with his veto message. (Sec. 2, Art. XII)
11. Power of internal organization (Sec. 16,
Q: When does the Constitution require that the Art. VI)
yeas and nays of the Members be taken every a) Election of officers
time a House has to vote? b) Promulgate internal rules
c) Disciplinary powers (Sec. 16, Art. VI)
A: 12. Informing Function
1. Upon the last and third readings of a bill
(Section 26 (2), Article VI); Q: State the conditions under which, during a
2. At the request of 1/5 of the members period of national emergency, Congress may
present (Section 16 (4), Article VI); and grant emergency powers to the President is
3. In repassing a bill over the veto of the allowed.
President (Section 27 (1), Article VI).
A: Under Sec. 23[2], Article VI of the Constitution,
Q: What is a rider? Congress may grant the President emergency
powers subject to the following conditions:
A: A rider is a provision in a bill which does not 1. There is a war or other national
relate to a particular appropriation stated in the emergency
bill. Since it is an invalid provision under Sec. 25 2. The grant of emergency powers must
(2), Art. VII, 1987 Constitution, the President may be for a limited period
veto it as an item. 3. The grant of emergency powers is
subject to such restrictions as Congress
may prescribe
NON‐LEGISLATIVEPOWERS 4. The emergency powers must be
exercised to carry out a declared
Q: What are the Non‐legislative powers of national policy
Congress?
Q: What is the policy of the Philippinesregarding
A: war?
1. Power to declare the existence of state
of war (Sec. 23 [1], Art. VI) A: The Philippines renounces war as an
2. Power to act as Board of Canvassers in instrument of national policy. (Sec. 2, Art. II)
election of President (Sec. 10, Art. VII)
3. Power to call a special election for Q: What is the voting requirementto declare the
President and Vice‐President (Sec. 10, existence of a state of war?
Art. VII)
4. Power to judge President’s physical A:
fitness to discharge the functions of the 1. 2/3 of both Houses
Presidency (Sec. 11, Art. VII) 2. In joint session
5. Power to revoke or extend suspension 3. Voting separately
of the privilege of the writ of habeas
corpus or declaration of martial law Note: Even though the legislature can declare
(Sec. 18, Art. VII) existence of war and enact measures to support it,
6. Power to concur in Presidential the actual power to engage war is lodged
amnesties Concurrence of majority of nonetheless in the executive.
all the members of Congress (Sec. 19,
Art. VII) Q: Discuss the Informingfunction of Congress.
7. Power to concur in treaties or
POLITICALLAW TEAM:
40 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT
Court
15, of Appeals, G.R. No. 119903, Aug.
2000) 2. Executive Privilege
POLITICALLAW TEAM:
42 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
A: It is the power of the President to withhold When an official is being summoned by Congress on
certain types of information from the public, the a matter which, in his own judgment, might be
courts, and the Congress. covered by executive privilege, he must be afforded
reasonable time to inform the President or the
Q: How is the privilegeinvoked? Executive Secretary of the possible need for invoking
the privilege. This is necessary in order to provide
A: Executive privilege must be invoked in relation the President or the Executive Secretary with fair
to specific categories of information and not to opportunity to consider whether the matter indeed
categories of persons. calls for a claim of executive privilege. If, after the
lapse of that reasonable time, neither the President
Note: While executive privilege is a constitutional nor the Executive Secretary invokes the privilege,
concept, a claim thereof may be valid or not Congress is no longer bound to respect the failure of
depending on the ground invoked to justify it and the official to appear before Congress and may then
the context in which it is made. Noticeably absent is opt to avail of the necessary legal means to compel
any recognition that executive officials are exempt his appearance. (Senate v. Ermita, G.R. No. 169777,
from the duty to disclose information by the mere April 20, 2006)
fact of being executive officials. (Senate v. Ermita,
G.R. No. 169777, April 20, 2006) Q: What is the requirement in invoking the
privilege?
Q: Is the invocation of this privilege through
executive orders, prohibiting executive officials A: A formal claim of the privilege is required. A
from participatingin legislativeinquiries,violate formal and proper claim of executive privilege
the constitutional right to information on requires a specific designation and description of
mattersof public concernof the people? the documents within its scope as well as precise
and certain reasons for preserving their
confidentiality. Without this specificity, it is
A: Yes. To the extent that investigations in aid of
impossible for a court to analyze the claim short
legislation are generally conducted in public,
of disclosure of the very thing sought to be
however, any executive issuance tending to
protected.
unduly limit disclosures of information in such
investigations necessarily deprives the people of Note: Congress must not require the President to
information which, being presumed to be in aid of state the reasons for the claim with such
legislation, is presumed to be a matter of public particularity as to compel disclosure of the
concern. The citizens are thereby denied access information which the privilege is meant to protect.
to information which they can use in formulating (Senate v. Ermita, G.R. No. 169777, April 20, 2006).
their own opinions on the matter before Congress
— opinions which they can then communicate to Q: Is the privilegeabsolute?
their representatives and other government
officials through the various legal means allowed A: No. Claim of executive privilege is subject to
by their freedom of expression. (Senate v. Ermita, balancing against other interest. Simply put,
G.R. No. 169777, April 20, 2006) confidentiality in executive privilege is not
absolutely protected by the Constitution. Neither
Q: Who can invoke executiveprivilege? the doctrine of separation of powers, nor the
need for confidentiality of high‐level
A: communications can sustain an absolute,
1. President unqualified Presidential privilege of immunity
from judicial process under all circumstances.
Note: The privilege being an extraordinary power, (Neri v. Senate,G.R. No. 180643, Mar. 25, 2008).
it must be wielded only by the highest official in
the executive department. Thus, the President Q: Sec. 1 of EO 464 required all heads of
may not authorize her subordinates to exercise departmentsin the Executive branch to secure
such power. the consent of the Presidentbefore appearingin
an inquiry conducted by either House of
2. Executive Secretary, upon proper authorization Congress, pursuant to Art. VI, sec. 22 of the
from the President Constitution. Does this section applies only
Note: The Executive Secretary must state that the questionhour? Is it valid?
authority is “By order of the President,” which A: Section 1, in view of its specific reference to
means he personally consulted with her. Section 22 of Article VI of the Constitution and
the absence of any reference to inquiries in aid of
also whether that privilege should be honored President’s generalized interesttoin guarantee
confidentiality.
in a given procedural setting. The privilege is necessary the
candor of presidential advisors and to provide the
Q: Differentiate Presidential Communications President and those who assist him with freedom
Privilege from DeliberativeProcess Privilege. to explore alternatives in the process of shaping
POLITICALLAW TEAM:
44 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
(JPEPA),then being negotiatedby the Philippine from the government or any other source
Government. The House Committee requested (Sec. 6, Art. VII)
DTI Usec. Aquino to furnish it with a copy of the
latest draft of the JPEPA.Aquino replied that he 2. Shall not hold any other office or
shall provide a copy thereof once the employment during their tenure unless:
negotiationsare completed. a. Otherwise provided in the
Constitution (e.g. VP can be
A petition was filed with the SC which seeks to appointed as a Cabinet Member;
obtain a copy of the Philippine and Japanese Sec. of Justice sits on Judicial and
offers submitted during the negotiationprocess Bar Council)
and all pertinent attachments and annexes b. The positions are ex‐officio and
thereto. Aquino invoked executive privilege they do not receive any salary or
based on the ground that the informationsought other emoluments therefor (e.g.
pertains to diplomatic negotiations then in Sec. of Finance is head of
progress. On the other hand, Akbayan for their Monetary Board)
part invoke their right to informationon matters
of public concern. 3. Shall not practice, directly or indirectly,
any other profession during their tenure
Are matters involving diplomatic negotiations
coveredby executiveprivilege? 4. Shall not participate in any business
A: Yes. It is clear that while the final text of the 5. Shall not be financially interested in any
JPEPA may not be kept perpetually confidential, contract with, or in any franchise, or
the offers exchanged by the parties during the special privilege granted by the
negotiations continue to be privilege even after Government, including GOCCs
the JPEPA is published. Disclosing these offers
could impair the ability of the Philippines to deal 6. Shall avoid conflict of interest in conduct
not only with Japan but with other foreign of office
governments in future negotiations. (AKBAYAN
Citizen’s Action Party v. Aquino, G.R No. 170516, 7. Shall avoid nepotism (Sec. 13, Art. VII)
July 16, 2008)
Note: The spouse and relatives by
Note: Such privilege is only presumptive. th
consanguinity or affinity within the 4 civil
degree of the President shall not, during his
Q: How is the presumptionovercome? tenure, be appointed as:
a. Members of the Constitutional
A: Recognizing a type of information as privileged Commissions
does not mean that it will be considered b. Office of the Ombudsman
privileged in all instances. Only after a c. Secretaries
consideration of the context in which the claim is d. Undersecretaries
made may it be determined if there is a public e. Chairmen or heads of bureaus or
interest that calls for the disclosure of the desired offices, including GOCCs and their
information, strong enough to overcome its subsidiaries
traditionally privileged status. (AKBAYAN Citizen’s
Action Party v. Aquino, et al., G.R No. 170516, July If the spouse, etc., was already in any of the
16, 2008) above offices at the time before his/her spouse
became President, he/she may continue in and regulations and municipal ordinances, as well
office. What is prohibited is appointment and as treaties entered into by the government.
reappointment, not continuation in office.
Q: What is the scope of executive power?
Spouses, etc., can be appointed to the judiciary
and as ambassadors and consuls. A:
1. Executive power is vested in the
Q: Christian, the Chief PresidentialLegal Counsel President of the Philippines. (Sec. 1, Art.
(CPLC), was also appointed as Chairman of the VII, 1987 Constitution)
PCGG. May the two offices be held by the same 2. It is not limited to those set forth in the
person? Constitution (Residual powers). (Marcos
v. Manglapus, G.R. No. 88211, Oct. 27,
A: No. The two offices are incompatible. Without
1989)
question, the PCGG is an agency under the 3. Privilege of immunity from suit is
Executive Department. Thus, the actions of the personal to the President and may be
PCGG Chairman are subject to the review of the invoked by him alone. It may also be
CPLC. (Public Interest Group v. Elma, G.R. No. waived by the President, as when he
138965, June 30, 2006)
himself files suit. (Soliven v. Makasiar,
G.R. No. 82585, Nov. 14, 1988)
4. The President cannot dispose of state
POWERS OF THE PRESIDENT
property unless authorized by law.
(Laurel v. Garcia, G.R. No. 92013, July
a. EXECUTIVEAND ADMINISTRATIVEPOWERS IN 25, 1990)
GENERAL
Q: What are the specific powers of the
Q: What is executive power? President?
A: It is the power of carrying out the laws into A: He is the repository of all executive power,
practical operation and enforcing their due such as:
observance. (National Electrification 1. Appointing power (Sec. 16, Art. VII)
Administration v. CA, G.R. No. 143481, Feb. 15, 2. Power of control over all executive
2002). It is the legal and political functions of the departments, bureaus and offices (Sec.
President involving the exercise of discretion. 17, Art. VII)
makes the President a dominant figure in the A: No. The powers of the President cannot be said
administration of the government. The law he is
supposed to enforce includes the Constitution, to be limited only to the specific power
statutes, judicial decisions, administrative rules enumerated in the Constitution. Executive power
is more than the sum of specific powers so
POLITICALLAW TEAM:
46 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
enumerated. The framers did not intend that by duties on a person already in the public service. It
enumerating the powers of the President he shall is considered only as an acting or temporary
exercise those powers and no other. Whatever appointment, which does not confer security of
power inherent in the government that is neither tenure on the person named. (Binamira v.
legislative nor judicial has to be executive. These Garrucho, G.R. No. 92008, July 30, 1990)
unstated residual powers are implied from the
grant of executive power and which are necessary Note: The President has the power to temporarily
for the President to comply with his duties under designate an officer already in the government
he Constitution. (Marcos v. Manglapus, G.R. No. service or any other competent person to perform
88211, Oct. 27, 1989). the functions of an office in the executive branch. In
no case shall the temporary designation exceed one
Q: What is administrativepower? year.
Philippine Political Law, 2002 ed., p. position, the appointment may not be subject to
207). judicial review.
Note: At anytime before all four steps have been Q: What are the limitations regarding the
complied with, the President can withdraw the appointing power of the president?
nomination and appointment. (Lacson v. Romero,
G.R. No. L‐3081, Oct. 14, 1949) A:
1. The spouse and relatives by consanguinity or
Q: What is the appointing procedure for those affinity within the 4th civil degree of the
that do not need CA confirmation? President shall not, during his "tenure" be
appointed:
A: a. As members of the Constitutional
1. Appointment Commissions
2. Acceptance b. Member of the Office of
Ombudsman
Q: Distinguish an ad interim appointment from c. Secretaries
an appointmentin an acting capacity. d. Undersecretaries
e. Chairmen or heads of bureaus or
A: offices, including government‐
AD INTERIM APPOINTMENTIN AN owned or controlled corporations
APPOINTMENT ACTING CAPACITY and their subsidiaries. (Sec. 13[2],
Made at any time there Art. VII)
Made if Congress is not is vacancy, i.e., whether
in session Congress is in session or
2. GR: Two months immediately before the
not
next Presidential elections (2nd Monday of
Requires confirmation of Does not require
May), and up to the end of his "term" (June
CA confirmation of CA
30), a President (or Acting President) shall
Permanent in nature Temporary in nature
not make appointments.
Appointee enjoys Appointee does not
security of tenure enjoy security of tenure
XPN: Temporary appointments, to executive
positions, when continued vacancies therein
will prejudice public service (Sec. 15, Art. VII)
Q: Is the act of the President in appointing acting
(e.g. Postmaster); or endanger public safety
secretaries constitutional, even without the
consent of the Commission on Appointments (e.g. Chief of Staff).
while Congress is in session?
3. Midnight Appointments
A: Yes. Congress, through a law, cannot impose
on the President the obligation to appoint Q: Sec. 15, Art. VII of the 1987 Constitution
automatically the undersecretary as her prohibits the President from making
temporary alter ego. An alter ego, whether appointments two months before the next
temporary or permanent, holds a position of presidential elections and up to the end of his
great trust and confidence. The office of a term. To what types of appointment is said
department secretary may become vacant while prohibitiondirected against?
Congress is in session. Since a department
secretary is the alter ego of the President, the A: Section 15, Article VII is directed against two
acting appointee to the office must necessarily types of appointments:
have the President’s confidence. (Pimentel v.
Ermita, G.R. No. 164978, Oct. 13, 2005) 1. Those made for buying votes – refers to
those appointments made within two
Note: Acting appointments cannot exceed one year. months preceding the Presidential
(Section 17[3], Chapter 5, Title I, Book III of EO 292).
election and are similar to those which
are declared election offenses in the
Q: May an appointment be the subject of a
Omnibus Election Code; and
judicial review?
POLITICALLAW TEAM:
48 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
Valenzuela and Hon. Placido B. Vallarta, midnight appointments to the Judiciary. (De
A.M. No. 98‐5‐01‐SC Nov. 9, 1998) Castro v. JBC, G.R. No. 191002, Mar. 17, 2010)
but by the expiration of their term. (Aparri v. CA, take effect. Thus, being the agent of Congress and
G.R. No. L‐30057, Jan. 31, 1984) not of the President, the latter cannot alter, or
modify or nullify, or set aside the findings of the
Secretary of Finance and to substitute the judgment
d. POWER OF CONTROLAND SUPERVISION of the former for that of the latter.
Q: What is the power of control? Q: What is the reason for the alter ego doctrine?
A: Control is the power of an officer to alter or A: Since the President is a busy man, he is not
modify or nullify or to set aside what a expected to exercise the totality of his power of
subordinate has done in the performance of his control all the time. He is not expected to
duties and to substitute one’s own judgment for exercise all his powers in person. He is expected
that of a subordinate. to delegate some of them to men of his
confidence, particularly to members of his
Note: The President’s power over GOCCs comes not
Cabinet.
from the Constitution, but from statute. Hence, it
may be taken away by statute.
A:
1. If the acts are disapproved or 3. Local GovernmentUnits
reprobated by the President;
2. If the President is required to act in Q: What is the power of general supervision?
person by law or by the Constitution.
A: This is the power of a superior officer to ensure
Note: In the case of Abakada Guro v. Executive
Secretary, G.R. No. 168056, Sept. 1, 2005, the SC that the laws are faithfully executed by
held that the Secretary of Finance can act as an
subordinates. The power of the President over
agent of the Legislative Dept. to determine and LGUs is only of general supervision. Thus, he can
declare the event upon which its expressed will is to only interfere in the affairs and activities of a LGU
POLITICALLAW TEAM:
50 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
if he finds that the latter acted contrary to law. forces, the principle announced in Art. II,
The President or any of his alter egos cannot Sec. III is bolstered. Thus, the Constitution
interfere in local affairs as long as the concerned lessens the danger of a military take‐over
LGU acts within the parameters of the law and of the government in violation of its
the Constitution. Any directive, therefore, by the republican nature.
Note: By making the President the 4. He may proclaim martial law over the
Commander‐in‐Chief of all the armed entire Philippines or any part thereof.
Q: What are the requisites for the suspension of 3. Duration: Not more than 60 days
the privilege of the writ of habeas corpus? following which it shall be automatically
lifted unless extended by Congress.
A: 4. Duty of the President to report to
Congress: within 48 hours personally or
1. There must be an invasion or rebellion
2. Public safety requires the suspension in writing.
5. Authority of Congress to revoke or
Note: The invasion and rebellion must be actual and extend the effectivity of proclamation:
by majority vote of all of its members
not merely imminent.
voting jointly.
Q: Can the Supreme Court inquire into the
Note: Once revoked by Congress, the
factual basis of the suspensionof the privilege of
President cannot set aside the revocation.
the writ of habeas corpus?
Q: What are the limitations on the declaration of
A: Yes. The Supreme Court declared that it had
martial law?
the power to inquire into the factual basis of the
suspension of the privilege of the writ and to A: Martial law does not:
annul the same if no legal ground could be 1. Suspend the operation of the
established. Hence, the suspension of the Constitution;
2. Supplant the functioning of the civil
privilege of the writ is no longer a political
courts or legislative assemblies;
question to be resolved solely by the President.
3. Authorize conferment of jurisdiction
(Lansang v. Garcia, G.R. No. L‐33964, Dec. 11, over civilians where civil courts are able
1971) to function;
Note: Also applies to the proclamation of martial Note: Civilians cannot be tried by military
law. courts if the civil courts are open and
functioning. (Olaguer v. Military
Q: Is the right to bail impaired if the privilege of
Commission No. 34, G.R. No. L‐54558, May
the writ of habeas corpus is suspended? 22, 1987).
POLITICALLAW TEAM:
52 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
Q: Is the actual use of the armed forces by the recommendations either to Congress or the
Presidentsubjectto judicialreview? people, in whom constituent powers are vested.
(Province of North Cotabato v. Gov’t of the
A: No. While the suspension of the privilege of Republic of the Philippines Peace panel on
the writ of habeas corpus and the proclamation of Ancestral Domain, G.R. No. 183591, Oct.14, 2008)
martial law is subject to judicial review, the actual
use by the President of the armed forces is not.
Thus, troop deployments in times of war are f. PARDONINGPOWER
subject to the President’s judgment and
discretion. (IBP v. Zamora, G.R. No. 141284, Aug. Q: What is the purpose of executive clemency?
15, 2000) Can it be delegated?
Q: Are peace negotiationswith rebel groups part A: Executive clemency is granted for the purpose
of relieving the harshness of the law or correcting
of presidentialpower?
mistakes in the administration of justice. The
power of executive clemency is a non‐delegable
A: Yes. The President’s power to conduct peace
power and must be exercised by the President
negotiations is implicitly included in her powers personally.
as Chief Executive and Commander‐in‐Chief. As
Chief Executive, the President has the general Note: Clemency is not a function of the judiciary; it is
an executive function. The grant is discretionary, and
responsibility to promote public peace, and as
may not be controlled by the legislature or reversed
Commander‐in‐Chief, she has the more specific by the court, save only when it contravenes its
duty to prevent and suppress rebellion and limitations.
lawless violence. (Province of North Cotabato v.
Gov’t of the Republic of the Philippines Peace The power to grant clemency includes cases
involving administrative penalties.
Panel on Ancestral Domain, G.R. No. 183591, Oct.
14, 2008). In granting the power of executive clemency upon
the President, Sec. 19, Art. VII of the Constitution
Q: May the President, in the exercise of peace does not distinguish between criminal and
negotiations, agree to pursue reforms that administrative cases.
would require new legislationand constitutional
amendments, or should the reforms be If themore
with President canhegrant
reason can pardons in criminal
grant executive cases,
clemency
restricted only to those solutions which the in administrative cases, which are less serious.
presentlaws allow? (Llamas v. Orbos, G.R. No. 99031, Oct. 15, 1991)
A: If the President is to be expected to find means Q: What is the scope of the President’s
for bringing this conflict to an end and to achieve pardoning power? (Forms of executive
lasting peace in Mindanao, then she must be clemency)
given the leeway to explore, in the course of
A: The President may grant the following:
peace negotiations, solutions that may require
[ Pa R C Re A ]
changes to the Constitution for their
1. Pardons (conditional or plenary)
implementation. So long as the President limits 2. Reprieves
herself to recommending these changes and 3. Commutations
submits to the proper procedure for 4. Remission of fines and forfeitures
constitutional amendment and revision, her mere 5. Amnesty
recommendation need not be construed as
Note: The first 4 require conviction by final judgment
unconstitutional act. Given the limited nature of
while amnesty does not.
the President’s authority to propose
constitutional amendments, she cannot
guarantee to any third party that the required Q: Are there limitations to the President’s
pardoningpower?
amendments will eventually be put in place, nor
even be submitted to a plebiscite. The most she A: Yes. It:
could do is submit these proposals as
POLITICALLAW TEAM:
54 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
in form but not in substance, because it does not the terms upon which the sentence shall be
affect his guilt; it merely reduces the penalty for suspended.
reasons of public interest rather than for the sole
benefit of the offender. Q: What is amnesty?
Note: Commutation does not have to be in any form. A: It is a grant of general pardon to a class of
Thus, the fact that a convict was released after 6 political offenders either after conviction or even
years and placed under house arrest, which is not a before the charges are filed. It is the form of
penalty, already leads to the conclusion that the executive clemency which under the Constitution
penalty has been shortened. may be granted by the President only with the
concurrence of the legislature.
Q: Can the SC review the correctness of the
action of the President in granting executive Note: Thus, the requisites of amnesty are (a)
clemency by commuting the penalty of concurrence of a majority of all the members of
dismissal, as ruled by the Court, to a dismissed Congress and (b) a previous admission of guilt.
clerk of court?
Q: What are the effectsof the grant of amnesty?
A: Yes. By doing so, the SC is not deciding a
political question. What it is deciding is whether A: Criminal liability is totally extinguished by
or not the President has the power to commute amnesty; the penalty and all its effects are thus
the penalty of the said clerk of court. As stated in extinguished. Amnesty reaches back to the past
Daza v. Singson, G.R. No. 87721‐30, December 21, and erases whatever shade of guilt there was. In
1989, it is within the scope of judicial power to the eyes of the law, a person granted amnesty is
pass upon the validity of the actions of the other considered a new‐born child. (Cruz, Philippine
A: The President’s diplomatic powers include 6. Decide that a diplomatic officer who has
become persona non grata be recalled.
power to:
1. Negotiate treaties and other
7. Recognize governments and withdraw
international agreements. However,
recognition. (Cruz, Philippine Political
such treaty or international agreement
Law, 2002 ed., p. 239)
requires the concurrence of the Senate
(Sec. 21, Art. VII) which may opt to do
Q: Where do the President’s diplomatic powers
the following:
come from?
a. Approve with 2/3 majority;
b. Disapprove outright; or
c. Approve conditionally, with A: The extensive authority of the President in
suggested amendments which if foreign relations in a government patterned after
re‐negotiated and the Senate’s that of the US proceeds from 2 general sources:
suggestions are incorporated, the 1. The Constitution
treaty will go into effect without 2. The status of sovereignty and
need of further Senate approval. independence of a state.
2. Appoint ambassadors, other public Q: Who ratifies a treaty? What is the scope of
ministers, and consuls.
the power to concur treaties and international
agreements?
3. Receive ambassadors and other public
ministers accredited to the Philippines.
(Cruz, Philippine Political Law, 2002 ed., A: The power to ratify is vested in the President
p. 239). subject to the concurrence of Senate. The role of
the Senate, however, is limited only to giving or
4. Contract and guarantee foreign loans withholding its consent or concurrence. Hence, it
on behalf of RP. (Sec. 20, Art. VII). is within the authority of the President to refuse
to submit a treaty to the Senate. Although the
5. Deport aliens:
refusal of a state to ratify a treaty which has been
a. This power is vested in the
President by virtue of his office, signed in his behalf is a serious step that should
subject only to restrictions as may not be taken lightly, such decision is within the
be provided by legislation as competence of the President alone, which cannot
regards to the grounds for be encroached upon by the Court via a writ of
deportation. (Sec. 69, Revised mandamus. (Pimentel v. Ermita, G.R. No. 164978,
Administrative Code).
Oct. 13, 2005)
b. In the absence of any legislative
restriction to authority, the
POLITICALLAW TEAM:
56 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT
i. RESIDUALPOWER
j. ImpoundmentPower
Q: What is impoundmentpower?
A: The 1987 Constitution expands the concept of Note: A petition raising a constitutional question
judicial review. Under the expanded definition, does not present an “actual controversy” unless it
alleges a legal right or power. Moreover, it must
the Court cannot agree that the issue involved is a
show that a conflict of rights exists, for inherent in
political question beyond the jurisdiction of the
the term “controversy” is the presence of opposing
court to review. When the grant of power is
POLITICALLAW TEAM:
58 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
JUDICIAL DEPARTMENT
views or contentions. The controversy must also be considered in trial and, if not considered in trial, it
justiciable; that is, it must be susceptible of judicial cannot be considered on appeal.
determination. (IBP v. Hon. Ronaldo B. Zamora, G.R.
No. 141284, Aug. 15, 2000) The Ombudsman has no jurisdiction to entertain
questions regarding constitutionality of laws. Thus,
2. Proper party – one who has sustained or is in when the issue of constitutionality a law was raised
immediate danger of sustaining an injury as a before the Court of Appeals (CA), which is the
result of the act complained of. competent court, the constitutional question was
raised at the earliest opportune time. (Estarija v.
GR: If there is no actual or potential injury, Ranada, G.R. No. 159314, June 26, 2006)
complainant has no legal personality to raise
Constitutional questions The NLRC’sforemostfunctionis to administerand enforce
R.A. No. 8042, and not to inquireinto the validityof its
XPN: If the question is of transcendental provisions.Therefore, even if the issue on the
importance constitutionality of the subject clause was first
raised, not in petitioner's appeal with the NLRC, but
Note: The Principle of Transcendental in his Motion for Partial Reconsideration with said
Importance is determined by: labor tribunal, and reiterated in his Petition
for Certiorari before the CA, the issue is deemed
a. The character of the funds or other seasonably raised because it is not the NLRC but the
assets involved in the case; CA which has the competence to resolve the
constitutional issue. (Serrano v. NLRC, G.R.No. 167614,
b. The presence of a clear case of Mar.29, 2009)
disregard of a constitutional or statutory
prohibition by the public respondent 4. Necessity of deciding constitutional questions –
agency or instrumentality of the as a joint act of the legislative and executive
government; authorities, a law is supposed to have been
carefully studied and determined to be
c. The lack of any other party with a more constitutional before it was finally enacted. As
direct and specific interest in raising the long as there are other bases which courts can
questions being raised. (Francisco, Jr. v. use for decision, constitutionality of the law
House of Representatives, G.R. No. will not be touched.
160261, Nov. 10, 2003)
Q: What are the requisites before a law can be
3. Earliest opportunity – Constitutional question declaredpartiallyunconstitutional?
must be raised at the earliest possible
opportunity. If not raised in pleadings, it A:
cannot be considered in trial and on appeal. 1. The legislature must be willing to retain valid
However, such is not absolute. It is subject to portion (separability clause)
the following conditions:
2. The valid portion can stand independently as
a. Criminal case – it may be brought at any law
stage of the proceedings according to the
discretion of the judge (trial or appeal) Q: What is the Principleof Stare Decisis?
because no one shall be brought within the
terms of the law who are not clearly within A: A principle underlying the decision in one case
them and the act shall not be punished when is deemed of imperative authority, controlling the
the law does not clearly punish them. decisions of like cases in the same court and in
lower courts within the same jurisdiction, unless
b. Civil case – it may be brought anytime if and until the decision in question is reversed or
the resolution of the Constitutional issue is overruled by a court of competent authority. (De
inevitable in resolving the main issue. Castro v. JBC, G.R. No. 191002, Apr. 20, 2010)
examination, to call for a rectification. (De Castro of Representatives, G.R. No. 160261, Nov. 10,
v. JBC, G.R. No. 191002, April 20, 2010) 2003).
the mootness,
cognizance the Court
of the mustrule
case and nevertheless take
on the merits
1. Operative Fact Doctrine
due to the Court’s symbolic function of
educating the bench and the bar by formulating
Q: What is meant by the operative fact doctrine?
guiding and controlling principles, precepts,
doctrines, and rules. Decide. A: It is a rule of equity. Under this doctrine, the
law is recognized as unconstitutional but the
A: The OSG is correct. The petition should be effects of the unconstitutional law, prior to its
dismissed for being moot. Judicial power declaration of nullity, may be left undisturbed as
presupposes actual controversies, the very a matter of equity and fair play. (League of Cities
antithesis of mootness. In the absence of actual of the Philippines v. COMELEC, G.R. No. 176951,
justiciable controversies or disputes, the Court Nov. 18, 2008)
generally opts to refrain from deciding moot
issues. Where there is no more live subject of Q: Will the invocation of this doctrine an
controversy, the Court ceases to have a reason to admission that the law is unconstitutional?
render any ruling or make any pronouncement.
(Suplico v. NEDA, G.R. Nos. 178830, July 14, 2008) A: Yes. (League of Cities of the Philippines v.
COMELEC, G.R. No. 176951, Nov. 18, 2008)
Q: What are the functionsof judicial review?
A: 2. Moot Questions
1. Checking – invalidating a law or executive act
that is found to be contrary to the Constitution Q: What are moot questions?
2. Legitimizing – upholding the validity of the law A: Questions whose answers cannot have any
that results from a mere dismissal of a case practical legal effect or, in the nature of things,
challenging the validity of the law cannot be enforced. (Baldo, Jr. v. COMELEC, G.R.
No. 176135, June 16, 2009)
Note: Rule on double negative: uses the term “not
unconstitutional”; the court cannot declare a law Q: When is a case moot and academic?
constitutional because it already enjoys a
presumption of constitutionality. A: It is moot and academic when it ceases to
present a justiciable controversy by virtue of
3. Symbolic – to educate the bench and bar as to supervening events so that a declaration thereon
the controlling principles and concepts on would be of no practical use or value.
matters of grave public importance for the
guidance of and restraint upon the future (Igot v. Q: Should courts decline jurisdiction over moot
COMELEC, G.R. No. L‐352245, Jan. 22, 1980) and academic cases?
Q: What is the extent of power of judicial review A: GR: The courts should decline jurisdiction over
in impeachmentproceedings? such cases or dismiss it on ground of mootness.
POLITICALLAW TEAM:
60 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
JUDICIAL DEPARTMENT
2. There is an exceptional character of the 7. The members of the judiciary may not be
situation and the paramount public interest designated to any agency performing
is involved quasi‐judicial or administrative functions
3. When the constitutional issue raised 8. The salaries of judges may not be reduced;
requires formulation of controlling principles the judiciary enjoys fiscal autonomy (Sec.
to guide the bench, the bar, and the public 3, Art. VIII, 1987 Constitution)
4. The case is capable of repetition yet 9. The SC alone may initiate the
evading review. (David v. Arroyo, G.R. No. promulgation of the Rules of Court
171396, May 3, 2006)
10. The SC alone may order temporary detail
of judges
A: The doctrine means that the power of judicial Q: What does the mandate of the Constitution
review cannot be exercised when the issue is a that the judiciary shall enjoy fiscal autonomy
political question. It constitutes another contemplate?
limitation on such power of the judiciary.
A: In Bengzon v. Drilon, G.R. No. 103524, April 15,
Q: What are politicalquestions? 1992, the SC explained that fiscal autonomy
contemplates a guarantee of full flexibility to
A: Those questions which, under the Constitution, allocate and utilize resources with the wisdom
are to be decided by the people in their sovereign and dispatch that the needs require. It recognizes
capacity, or in regard to which full discretionary the power and authority to deny, assess and
authority has been delegated to the legislative or collect fees, fix rates of compensation not
executive branch of the government. (Tañada v. exceeding the highest rates authorized by law for
Cuenco, G.R. No. L‐10520, February 28, 1957) compensation and pay plans of the government
and allocate and disburse such sums as may be
provided by law or prescribed by it in the course
c. JUDICIALINDEPENDENCESAFEGUARDS of the discharge of its functions.
3. The SC may not be deprived of its The common‐law principle of judicial restraint
minimum and appellate jurisdiction; serves the public interest by allowing the political
appellate jurisdiction may not be processes to operate without undue interference.
increased without its advice or (Sinaca vs Mula, G.R. No. 135691, September 27,
concurrence 1999)
4. The SC has administrative supervision over In terms of legislative acts, the principle of judicial
all inferior courts and personnel restraint means that every intendment of the law
must be adjudged by the courts in favor of its
5. The SC has exclusive power to discipline
judges/justices of inferior courts constitutionality, invalidity being a measure of
last resort. In construing therefore the provisions
of a statute, courts must first ascertain whether
6. The members of the judiciary enjoy an interpretation is fairly possible to sidestep the
security of tenure (Sec. 2 [2], Art. VIII, question of constitutionality. (Estrada v.
1987 Constitution)
Sandiganbayan, G.R. No. 148560, November 19, however, exercise such functions as the SC may
2001) assign to it.
The doctrine of separation of powers imposes Q: How long can members of the SC and judges
upon the courts proper restraint born of the hold office?
nature of their functions and of their respect for
the other departments in striking down acts of A: Members of the SC and judges of lower courts
the legislature as unconstitutional. (Francisco, Jr. can hold office during good behavior until:
v. The House of Representatives, G.R. No. 160261,
Bellosillo J., Separate Opinion, November 10, 1. The age of 70 years old; or
2003)
2. They become incapacitated to discharge
their duties.
e. APPOINTMENTSTO THE JUDICIARY
Q: Does the prohibition against midnight
Q: How are members of the judiciary appointed? appointments (Sec. 15, Art. VII ‐ two months
immediately before the next presidential
A: The members of the judiciary are appointed by elections and up to the end of his term, a
the President of the Philippines from among a list President or acting President shall not make
of at least three nominees prepared by the appointments except temporary appointments
Judicial and Bar Council (JBC) for every vacancy. to executive positions when continued vacancies
therein will prejudice public service or endanger
Note: The appointment shall need no confirmation public safety) affect appointments to the
by the Commission on Appointments. (Sec. 9, Art. Supreme Court?
VIII)
A: It does not. The prohibition under Sec. 15, Art.
Vacancies in the SC should be filled within 90 days VII does not apply to appointments to fill a
from the occurrence of the vacancy. vacancy in the SC. (De Castro v. JBC, G.R. No.
191002, Mar. 17, 2010)
Vacancies in lower courts should be filled within 90
days from submission to the President of the JBC list. Q: What are the general qualifications for
appointmentsto the judiciary?
The filling of the vacancy in the Supreme Court
within the 90 day period is an exception to the
A: Of proven competence, integrity, probity and
prohibition on midnight appointments of the independence (Sec. 7 [3], Art. VIII)
president. This means that even if the period falls on
the period where the president is prohibited from
Q: What are the qualificationsfor appointments
making appointments (midnight appointments), the
to the SC?
president is allowed to make appointments to fill
vacancies in the Supreme Court. (De Castro v. JBC,
A:
G.R. No. 191002, Apr. 20, 2010)
1. Natural born citizen of the Philippines;
Q: What is the compositionof the JBC? 2. At least 40 years of age;
3. A judge of a lower court or engaged in
A: The JBC is composed of: the practice of law in the Philippines for
15 years or more (Sec. 7 [1], Art. VIII)
1. Chief Justice, as ex‐officio chairman
2. Secretary of Justice, as an ex‐officio Q: What are the qualificationsfor appointments
member to lower collegiatecourts?
3. Representative of Congress, as an ex‐
officio member A:
4. Representative of the Integrated Bar 1. Natural born citizen of the Philippines
5. A professor of law 2. Member of the Philippine Bar
6. A retired member of the SC
7. Private sector representative Note: Congress may prescribe other qualifications.
POLITICALLAW TEAM:
62 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
JUDICIAL DEPARTMENT
A:
1. Citizen of the Philippines 2. ProceduralRule‐MakingPower
2. Member of the Philippine Bar
Q: What is the scope of the rule making power of
Note: Congress may prescribe other qualifications. the SC?
(Sec. 7 [1] and [2], Art. VIII)
A: Promulgate rules concerning:
A: The creation of the Constitutional Commissions Q: What are the prohibitions and inhibitions
7. Salaries of chairmen and members are operation of the rotational scheme of terms of
relatively high and may not be constitutionalbodies?
decreased during continuance in office
8. Commissions enjoy fiscal autonomy
POLITICALLAW TEAM:
64 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
CONSTITUTIONAL COMMISSIONS
Q: Discuss the decision‐making process in these Q: What is the compositionof the CSC?
Commissions.
A:
A: 1. Each Commission shall decide matter or 1. 1 Chairman
2. 2 Commissioners
cases by a majority vote of all the
members within 60 days from submission.
Q: What are the qualifications of the CSC
Commissioners?
a. COMELEC may sit en banc or in 2
divisions.
b. Election cases, including pre‐ A:
proclamation controversies are 1. Natural‐born citizens of the Philippines
decided in division, with motions 2. At least 35 years old at the time of their
for reconsideration filed with the appointments
COMELEC en banc. 3. With proven capacity for public
c. The SC has held that a majority administration
decision decided by a division of 4. Not candidates for any elective position
the COMELEC is a valid decision. in the elections immediately preceding
their appointment
2. As collegial bodies, each Commission 5. Appointees by the President to the CSC
must act as one, and no one member need Commission on Appointments’
can decide a case for the entire confirmation
commission
Q: What is the term of office of the CSC
Q: Discussthe rule on appeals. Commissioners?
st
A: A: 7 years (except for the 1 appointees where
1. Decisions, orders or rulings of the the Chairman has 7 years, 1 Commissioner has 5
COMELEC/CoA may be brought on certiorari years while another has 3 years).
to the SC under Rule 65.
Q: What is the meaning and guarantee of
2. Decisions, orders or rulings of the CSC should
securityof tenure?
be appealed to the CA under Rule 43.
i. Regional
A: ii. Provincial
1. 1 Chairman iii. City officials
2. 6 Commissioners
b. Exclusive appellate jurisdiction over all
Q: What are the qualifications of the COMELEC contests involving:
Commissioners? i. Elective municipal officials
decided by trial courts of
A: general jurisdiction
1. Natural‐born citizens of the Philippines ii. Elective barangay officials
2. At least 35 years old at the time of their decided by courts of limited
appointments jurisdiction.
3.
4. College
Not a degree holderfor any elective
candidate c. Contempt powers
position in the elections immediately i. COMELEC can exercise this
preceding their appointment power only in relation to its
5. Majority, including the chairman, must adjudicatory or quasi‐judicial
be members of the Philippine Bar who functions. It cannot exercise
have been engaged in the practice of this in connection with its
law at least 10 years. (Sec. 1, Art. IX‐C) purely executive or ministerial
functions
ii. If it is pre‐proclamation
Q: What is the term of office of the COMELEC
controversy, the COMELEC
Commissioners?
exercises quasi‐judicial/
administrative powers.
A: Seven (7) years without re‐appointment. If iii. Its jurisdiction over contests
however, the appointment was ad interim, a (after proclamation), is in
subsequent renewal of the appointment does not exercise of its judicial
violate the prohibition on re‐appointments functions.
because no previous appointment was confirmed
by the CA. Furthermore, the total term of both Note: The COMELEC may issue writs of
appointments must not exceed the 7‐year limit. certiorari, prohibition, and mandamus in
(Matibag v. Benipayo, G.R. No. 149036, Apr. 2,
exercise of its appellate functions.
2002)
3. Decide, except those involving the right
Q: May the President designate a member of the to vote, all questions affecting
COMELECas acting Chairman?Explain. elections, including determination of
the number and location of polling
A: No The Constitution says that in no case shall places, appointment of election officials
any member be appointed or designated in a and inspectors, and registration of
temporary or acting capacity. The designation by voters.
the President violates the independence of the
Note: Questions involving the right to vote
COMELEC. (Sec. 1[2], Art. IX‐B, C, D).
fall within the jurisdiction of ordinary
courts.
Q: What are the constitutional powers and
functionsof the COMELEC?
4. Deputize, with the concurrence of the
President, law enforcement agencies
A:
and instrumentalities of the
1. Enforce and administer all laws and government, including the AFP, for the
regulations relative to the conduct of an exclusive purpose of ensuring free,
election, plebiscite, initiative, referendum, orderly, honest, peaceful and credible
and recall. elections.
POLITICALLAW TEAM:
66 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
CONSTITUTIONAL COMMISSIONS
(Reyes v. RTC of Oriental Mindoro, G.R. No. in the exercise of its quasi‐judicial functions may be
108886, May 5, 1995) brought to the SC on certiorari under Rules 64 and
65 of the Revised Rules of Court within 30 days from
Note: The fact that decisions, final orders or rulings receipt of a copy thereof.
of the COMELEC in contests involving elective
These decisions or rulings refer to the decision or preceding their appointment. (Sec. 1,
final order of the COMELEC en banc and not of any Art. IX‐D)
division thereof.
Q: What is the term of office of the COA
Q: What are the acts that fall under the Commissioners?
COMELEC’spower to supervise or regulate?
A: 7 years without reappointment.
A:
Q: What are the powers and duties of COA?
1. The enjoyment or utilization of all
franchises or permits for the operation
A:
of transportation and other public
1. Examine, audit and settle all accounts
utilities, media of communication or
pertaining to revenue and receipts of, and
information. expenditures or uses of funds and property
2. Grants, special privileges or concessions
owned or held in trust or pertaining to
granted by the government or any
government
subdivision, agency or instrumentality
thereof, including any GOCC or its
2. Keep general accounts of government and
subsidiary. (Sec. 4, Art. IX‐C)
preserve vouchers and supporting papers
2. Applies not only to elections but also to Q: Can the COA be divested of its power to
plebiscites and referenda. examine and audit governmentagencies?
POLITICALLAW TEAM:
68 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
CONSTITUTIONAL COMMISSIONS
equity in it. (PAL vs. COA, G.R. No. 91890, June 9, A: The CSC. It is the intent of the Civil Service
1995) Law, in requiring the establishment of a grievance
procedure, that decisions of lower officials (in
3. JUDICIALREVIEW cases involving personnel actions) be appealed to
the agency head, then to the CSC. The RTC does
Q: How are decisions of the commissions not have jurisdiction over such personal actions.
reviewedby the SC? (G. R. No. 140917. October 10, 2003)
Q: What are the similarities among the Q: What are the characteristics of police power
fundamentalpowers of the State? as compared to the powers of taxation and
eminent domain?
A:
1. They are inherent in the State and may A: Police power easily outpaces the other two
be exercised by it without need of powers. It regulates not only property, but also
express constitutional grant. the liberty of persons. Police power is considered
2. They are not only necessary but the most pervasive, the least limitable, and the
indispensable. The State cannot most demanding of the three powers. It may be
continue or be effective unless it is able exercised as long as the activity or property
to exercise them. sought to be regulated has some relevance to the
3. They are methods by which the State public welfare. (Gerochi v. Department of Energy,
interferes with private rights. G. R. 159796, July 17, 2007)
4. They all presuppose an equivalent
compensation for the private rights Q: What are the aspects of police power?
interfered with.
5. They are exercised primarily by the A: Generally, police power extends to all the great
legislature. public needs. However, its particular aspects are
the following:
Q: What are the common limitations of these 1. Public health
powers? 2. Public morals
3. Public safety
A: 4. Public welfare
1. May not be exercised arbitrarily to the
prejudice of the Bill of Rights Q: Who exercises police power?
2. Subject at all times to the limitations
and requirements of the Constitution A:
and may in proper cases be annulled by GR: Police power is lodged primarily in the
the courts, i.e. when there is grave national legislature.
abuse of discretion.
XPN: By virtue of a valid delegation of
Q: How do these powers differ from one legislative power, it may be exercised by the:
another?
1. President
A: 2. Administrative bodies
Eminent 3. Lawmaking bodies on all municipal
Police Power Taxation
Domain levels, including the barangay.
Extent of power Municipal governments exercise this
Regulates power under the general welfare
Affects only Affects only
liberty and clause. (Gorospe, Constitutional Law:
property rights property rights
property Notes and Readings on the Bill of Rights,
Power exercised by whom Citizenship and Suffrage, Vol. 2.)
Exercised only Exercised only Maybe Q: What are the requisites for the valid exercise
by the by the exercised by
of police power by the delegate?
government government private entities
POLITICALLAW TEAM:
70 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
Q: Can anyone compel the government to Q: Distinguish the between the power of
exercisepolice power? expropriationas exercised by Congress and the
power of expropriation as exercised by
A: No. The exercise of police power lies in the delegates.
discretion of the legislative department. The only
remedy against legislative inaction is a resort to A: When exercised by Congress, the power is
the bar of public opinion, a refusal of the pervasive and all‐encompassing but when
electorate to turn to the legislative members exercised by delegates, it can only be broad as
who, in their view, have been remiss in the the enabling law and the conferring authorities
discharge of their duties. want it to be.
Q: Can the courts interfere with the exercise of As to the question of necessity, the same is a
police power? political question when the power is exercised by
Congress. On the other hand, it is a judicial
A: No. If the legislature decides to act, the choice question when exercised by delegates. The courts
of measures or remedies lies within its exclusive can determine whether there is genuine necessity
discretion, as long as the requisites for a valid for its exercise, as well as the value of the
exercise of police power have been complied property.
with.
Q: What are the requisitesfor a valid taking?
Q: What are the tests to determine the validity
of a police measure? A: PMAPO
1. The expropriator must enter a Private
A: property
1. Lawful subject – The interests of the 2. Entry must be for more than a
Q: What are the conditions for the exercise of Q: What propertiescan be taken?
the power of eminentdomain?
A: All private property capable of ownership,
A: including services.
1. Taking of private property
2. For public use Q: What propertiescannot be taken?
3. Just compensation
4. Observance of due process A: Money and choses in action, personal right not
reduced in possession but recoverable by a suit at
Q: Who exercisesthe power of eminentdomain? law, right to receive, demand or recover debt,
demand or damages on a cause of action ex
A: Congress. However, the following may exercise contractu or for a tort or omission of duty.
this power by virtue of a valid delegation:
Q: Distinguish eminent domain from destruction XPN: In cases involving CARP, compensation
from necessity. may be in bonds or stocks, for it has been held
as a non‐traditional exercise of the power of
A: eminent domain. It is not an ordinary
Destructionfrom expropriation where only a specific property
Eminentdomain
necessity of relatively limited area is sought to be taken
Who can exercise by the State from its owner for a specific and
Only authorized May be validly perhaps local purpose. It is rather a
public entities or undertaken by private revolutionary kind of expropriation
public officials individuals (Association of Small Landowners in the
Kind of right Philippines, Inc. v. Secretary of Agrarian
Right of self‐defense, Reform, G.R. No. 78742, 14 July 1989).
self‐preservation,
Public right whether applied to Q: When should assessment of the value of the
persons or to property
property be determined?
Requirement
No need for conversion;
Conversion of A: The value of the property must be determined
no just compensation
property taken for either at the time of taking or filing of the
but payment in the form
public use; payment complaint, whichever comes first.(EPZA v. Dulay,
of damages when
of just compensation G.R. No. 59603, April 29, 1987).
applicable
Beneficiary
State/public Private Q: Does non‐payment of just compensation
(Gorospe, Constitutional Law: Notes and Readings entitle the private owner to recover possession
on the Bill of Rights, Citizenship and Suffrage, Vol. of the expropriatedproperty?
2)
A:
Q: Does the requisite of public use mean “use by GR: Non‐payment by the government does
the public at large? not entitle private owners to recover
possession of the property because
A: No. Whatever may be beneficially employed expropriation is an in rem proceeding, not an
for the general welfare satisfies the requirement. ordinary sale, but only entitle them to
Moreover, that only few people benefits from the demand payment of the fair market value of
‐ the property.
expropriation doesthe
character because notnotion
diminish its public
of public use
use now
includes the broader notion of indirect public XPNS:
benefit or advantage.(Manosca v. CA, G.R. 1. When there is deliberate refusal to pay
166440, Jan. 29, 1996). just compensation
2. Government’s failure to pay
Q: What is just compensation? compensation within 5 years from the
finality of the judgment in the
A: It is the full and fair equivalent of the property expropriation proceedings. This is in
taken from the private owner (owner’s loss) by connection with the principle that the
the expropriator. It is usually the fair market government cannot keep the property
value (FMV) of the property and must include and dishonor the judgment. (Republic v.
consequential damages (damages to the other Lim, G.R. No. 161656, June 29, 2005)
interest of the owner attributed to the
expropriation) minus consequential benefits Q: Is the owner entitled to the payment of
(increase in the value of other interests attributed interest? How about reimbursement of taxes
to new use of the former property). paid on the property?
Note: FMV is the price fixed by the parties willing A: Yes, the owner is entitled to the payment of
but not compelled to enter into a contract of sale. interest from the time of taking until just
compensation is actually paid to him. Taxes paid
Q: Does compensation have to be paid in by him from the time of the taking until the
money? transfer of title (which can only be done after
actual payment of just compensation), during
A: which he did not enjoy any beneficial use of the
GR: Yes. property, are reimbursable by the expropriator.
POLITICALLAW TEAM:
72 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
Note: Except only in the case of poll (community) 12. Tax exemption of revenues and assets
of, including grants, endowments,
taxes, non‐payment of a tax may be the subject of donations or contributions to
criminal prosecution and punishment. The accused educational institutions
cannot invoke the prohibition against imprisonment
for debt as taxes are not considered debts. Q: Do local governmentunits have the power of
taxation?
Q: What are the matters left to the discretionof
the legislature? A: Yes. Each LGU shall have the power to create
its own sources of revenues and to levy taxes,
A: fees and charges subject to such guidelines and
1. Whether to tax in the first place limitations as the Congress may provide,
2. Whom or what to tax consistent with the basic policy of local
3. For what public purpose autonomy. Such taxes, fees, and charges shall
4. Amount or rate of the tax accrue exclusively to the local governments (Sec.
5, Art. X).
Q: What are the limitations,in general, on the
power of taxation? Q: Should there be notice and hearing for the
enactmentof tax laws?
A: Inherent and Constitutional limitations.
A: From the procedural viewpoint, due process
Q: What are inherentlimitations? does not require previous notice and hearing
before a law prescribing fixed or specific taxes on
A: certain articles may be enacted. But where the
1. Public purpose tax to be collected is to be based on the value of
2. Non‐delegability of power
taxable property, the taxpayer is entitled to be Inc. vs. City Mayor of Manila, G.R. No. L‐24693,
notified of the assessment proceedings and to be Oct. 23, 1967).
heard therein on the correct valuation to be given
the property.
b. PRIVATEACTS AND THE BILL OF RIGHTS
Q: What is the meaning of uniformity in
taxation? Q: What is the Bill of Rights?
A: It refers to geographical uniformity, meaning it A: It is the set of prescriptions setting forth the
operates with the same force and effect in every fundamental civil and political rights of the
place where the subject of it is found. individual, and imposing limitations on the
powers of government as a means of securing the
Q: What is a progressivesystem of taxation? enjoyment of those rights.
A: This means that the tax rate increases as the Q: When can the Bill of Rights be invoked?
tax base increases.
A: In the absence of governmental interference,
Q: What is double taxation? the liberties guaranteed by the Constitution
cannot be invoked against the State. The Bill of
A: It occurs when: Rights guarantee governs the relationship
1. Taxes are laid on the same subject between the individual and the State. Its concern
2. By the same authority is not the relation between private individuals.
3. During the same taxing period What it does is to declare some forbidden zones
4. For the same purpose in the private sphere inaccessible to any power
holder. (People v. Marti, G.R. No. 81561, Jan. 18,
Note: There is no provision in the Constitution 1991)
specifically prohibiting double taxation, but it will
not be allowed if it violates equal protection. Q: Can the Bill of Rights be invoked against
(Gorospe, Constitutional Law: Notes and Readings private individuals?
on the Bill of Rights, Citizenship and Suffrage, Vol.
2) A: No. In the absence of governmental
interference, the liberties guaranteed by the
Q: What are the kinds of tax exemptions? Constitution cannot be invoked. Put differently,
the Bill of Rights is not meant to be invoked
A: Tax exemptions may either be: against acts of private individuals. (Yrasegui vs.
1. Constitutional PAL, G.R. No. 168081, Oct. 17, 2008)
2. Statutory
Note: However, the Supreme Court in Zulueta v. CA,
Q: Once an exemption is granted by the G.R. No. 107383, Feb. 20 1996, where the husband
legislature, may such exemption be revoked at invoked his right to privacy of communication and
will? correspondence against a private individual, his wife,
who had forcibly taken from his cabinet and
A: presented as evidence against him documents and
1. If exemption is granted gratuitously – private correspondence, held these papers
revocable inadmissible in evidence, upholding the husband’s
2. If exemption is granted for valuable right to privacy.
consideration (non‐impairment of
contracts) – irrevocable
c. DUE PROCESS
Q: What is the nature of a license fee?
Q: What is due process?
A: Ordinarily, license fees are in the nature of the
exercise of police power because they are in the A: Due process means:
POLITICALLAW TEAM:
74 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
3. That it shall be enforced according to XPN: In cases where the right to appeal is
the regular methods of procedure guaranteed by the Constitution (Art. VIII, Sec.
prescribed, and XIV) or by a statute.
4. That it shall be applicable alike to all
citizens of the State or to all of a class. Q: Distinguish due process in administrative
(People v. Cayat, G.R. No. L‐45987, May proceedings from due process in judicial
5, 1939) proceeding.
A:
SUBSTANTIVEDUE PROCEDURALDUE 3. Constitutionaland StatutoryDue Process
PROCESS PROCESS
This serves as a Serves as a restriction on Q: Differentiateconstitutionaldue process from
restriction on the actions of judicial and statutory due process.
government’s law and quasi‐judicial agencies of
rule‐making powers the government
A:
Requisites
Constitutionaldue Statutorydue process
1. The interests of the 1. Impartial court or process
public in general, as tribunal clothed with
Protects the individual While found in the
distinguished from judicial power to hear
from the government Labor Code and
those of a particular and determine the
and assures him of his Implementing Rules
class, require the matters before it.
rights in criminal, civil or protects employees
intervention of the 2. Jurisdiction properly
administrative from being unjustly
state acquired over the
proceedings terminated without just
2. The means employed person of the
cause after notice and
are reasonably defendant and over
hearing (Agabon v.
necessary for the property which is the
NLRC, G.R. No. 158693,
accomplishment of subject matter of the
November 17, 2004)
the purpose and not proceeding
unduly oppressive 3. Opportunity to be
upon individuals. heard
4. Judgment rendered 4. Hierarchy of Rights
upon lawful hearing
and based on Q: Is there a hierarchy of constitutionalrights?
evidence adduced.
POLITICALLAW TEAM:
76 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
A: Yes. While the Bill of Rights also protects 1. It violates due process for failure to
property rights, the primacy of human rights over accord persons, especially the parties
property rights is recognized. Property and targeted by it, fair notice of what
property rights can be lost thru prescription; but conduct to avoid
human rights are imprescriptible. In the hierarchy 2. It leaves law enforcers an unbridled
of civil liberties, the rights of free expression and discretion in carrying out its provisions
of assembly occupy a preferred position as they (People v. de la Piedra, G.R. No. 128777,
are essential to the preservation and vitality of Jan. 24, 2001)
our civil and political institutions (Philippine
Blooming Mills Employees Organization v. Q: What is the OverbreadthDoctrine?
Philippine Blooming Mills Co., Inc., G.R. No. L‐
31195 June 5, 1973). A: The overbreadth doctrine decrees that a
governmental purpose may not be achieved by
means which sweep unnecessarily broadly and
thereby invade the area of protected freedoms.
5. JudicialStandardsof Review
Note: It is an analytical tool developed for testing on
Q: Given the fact that not all rights and freedoms their face statutes in free speech cases. Claims of
or liberties under the Bill of Rights and other facial over breadth are entertained in cases involving
values of society are of similar weight and statutes which, by their terms, seek to regulate only
importance, governmental regulations that spoken words and again, that overbreadth claims, if
affect them would have to be evaluated based entertained at all, have been curtailed when invoked
on different yardsticks,or standards of review. against ordinary criminal laws that are sought to be
What are these standardsof review? applied to protected conduct.
a standard though defectively phrased; or to Truth Commission of 2010, G.R. No. 192935, Dec. 7,
those that are apparently ambiguous yet fairly 2010)
applicable to certain types of activities. The first
may be "saved" by proper construction, while no
challenge may be mounted as against the second 2. REQUISITESFOR VALID CLASSIFICATION
whenever directed against such activities.
Q: What are the requisites for a valid
In the Supreme Court held that the doctrine can classification?
only be invoked against that species of legislation
that is utterly vague on its face, i.e., that which A: The classification must:
cannot be clarified either by a saving clause or by 1. Rest on substantial distinctions
construction. (Estrada v. Sandiganbayan, G.R. No. 2. Be germane to the purpose of the law
148560, Nov. 19, 2001) 3. Not be limited to existing conditions
only;
Q: What is the test in determining whether a 4. Apply equally to all members of the
criminal statute is void for uncertainty? same class. (Gorospe, Constitutional
Law: Notes and Readings on the Bill of
A: The test is whether the language conveys a Rights, Citizenship and Suffrage, Vol. 2.,
sufficiently definite warning as to the proscribed p.334)
conduct when measured by common
understanding and practice. It must be stressed, Q: Does equal protection of the laws apply to
however, that the "vagueness" doctrine merely both citizens and aliens?
requires a reasonable degree of certainty for the
statute to be upheld ‐ not absolute precision or A:
mathematical exactitude. (Estrada vs. GR: It applies to all persons, both citizens and
Sandiganbayan, G.R. No. 148560, Nov. 19, 2001) aliens. The Constitution places the civil rights
of aliens on equal footing with those of the
citizens.
d. EQUAL PROTECTIONOF THE LAWS
XPN: Statutes may validly limit to citizens
1. CONCEPT exclusively the enjoyment of rights or
privileges connected with public domain, the
Q: What is the concept of equal protection of the public works, or the natural resources of the
laws? State
A: It means that all persons or things similarly Note: The rights and interests of the State in these
situated should be treated alike, both as to rights things are not simply political but also proprietary in
conferred and responsibilities imposed. It nature and so citizens may lawfully be given
guarantees equality, not identity of rights. It does preference over aliens in their use or enjoyment.
not forbid discrimination as to persons and things
Aliens do not enjoy the same protection as regards
that are different. What it forbids are distinctions
political rights. (Inchong v. Hernandez, G.R. No. L‐
based on impermissible criteria unrelated to a
7995, May 31, 1957)
proper legislative purpose, or class or
discriminatory legislation, which discriminates
Q: Is classification of citizens by the legislature
against some and favors others when both are
unconstitutional?
similarly situated. (2 Cooley, Constitutional
Limitations, 824‐825)
A:
GR: The legislature may not validly classify the
Note: It must be borne in mind that the Arroyo
administration is but just a member of a class, that
citizens of the State on the basis of their
is, a class of past administrations. It is not a class of srcin, race, or parentage.
its own. Not to include past administrations similarly
situated constitutes arbitrariness which the equal XPN: The difference in status between citizens
protection clause cannot sanction. Such and aliens constitutes a basisoffor reasonable
discriminating differentiation clearly reverberates to classification in the exercise police power.
label the commission as a vehicle for vindictiveness (Demore v. Kim, 538 U.S. 510, 2003)
and selective retribution. (Biraogo v. The Philippine
POLITICALLAW TEAM:
78 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
Q: What is the rationale for allowing, in 5. The warrant must particularly describe
exceptional cases, valid classificationbased on the place to be searched and the
citizenship? persons or things to be seized.
(Gorospe, Constitutional Law: Notes
A: Aliens do not naturally possess the and Readings on the Bill of Rights,
sympathetic consideration and regard for Citizenship and Suffrage, Vol. 2., p.334)
customers with whom they come in daily contact,
nor the patriotic desire to help bolster the Note: General warrant is not allowed. It must be
nation’s economy, except in so far as it enhances issued pursuant to specific offense.
their profit, nor the loyalty and allegiance which
the national owes to the land. These limitations Q: What are generalwarrants?
on the qualifications of aliens have been shown
on many occasions and instances, especially in A: These are warrants of broad and general
A: It is the test which does not look solely into the Q: What is the purpose of particularity of
government’s purpose in classifying persons or description?
things (as done in Rational Basis Test) nor into the
existence of an overriding or compelling A: The purpose is to enable the law officers
government interest so great to justify limitations serving the warrant to:
of fundamental rights (Strict Scrutiny Test) but
closely scrutinizes the relationship between the 1. Readily identify the properties to be seized
classification and the purpose, based on spectrum and thus prevent them from seizing the
of standards, by gauging the extent to which wrong items
constitutionally guaranteed rights depend upon
the affected individual’s interest. 2. Leave said peace officers with no discretion
regarding the articles to be seized and thus
prevent unreasonable searches and
e. SEARCHESAND SEIZURES seizures. (Bache and Co. v. Ruiz, 37 SCRA
823)
Q: What is the essenceof privacy?
Q: When is particularityof descriptioncomplied
A: The essence of privacy is the right to be left with?
alone. In context, the right to privacy means the
right to be free from unwarranted exploitation of A: For warrant of arrest, this requirement is
one’s person or from intrusion into ones’ private complied with if it contains the name of the
activities in such a way as to cause humiliation to a person/s to be arrested. If the name of the
person’s ordinary sensibilities. person to be arrested is not known, a John Doe
warrant may be issued. A John Doe warrant will
satisfy the constitutional requirement of
1. Warrant Requirement particularity of description if there is some
descriptio personae which is sufficient to enable
Q: What are the requisites of a valid search the officer to identify the accused.
warrantand warrantof arrest?
For a search warrant, the requirement is
A: complied with:
1. There should be a search warrant or
warrant of arrest 1. When the description therein is as
2. Probable cause supported the issuance specific as the circumstances will
ordinarily allow; or
of such probable
warrant 2. When the description expresses a
3. Such cause had been
determined personally by a judge conclusion of fact, not of law, by which
4. Judge personally examined the the warrant officer may be guided in
complainant and his witnesses making the search and seizure; or
3. When the things described are limited 1. The person to be arrested must execute
to those which bear direct relation to an overt act indicating that he had just
the offense for which the warrant is committed, is actually committing, or is
being issued attempting to commit a crime; and
2. Such overt act is done in the presence
Note: If the articles desired to be seized have any or within the view of the arresting
direct relation to an offense committed, the officer.
applicant must necessarily have some evidence
other than those articles, to prove said offense. The Q: What constitutessearching questions?
articles subject of search and seizure should come in
handy merely to strengthen such evidence. A: Examination by the investigating judge of the
complainant and the latter’s witnesses in writing
Q: What are the properties subject to seizure? and under oath or affirmation, to determine
whether there is a reasonable ground to believe
A: that an offense has been committed and whether
1. Property subject of the offense the accused is probably guilty thereof so that a
2. Stolen or embezzled property and other warrant of arrest may be issued and he may be
proceeds or fruits of the offense held liable for trial.
3. Property used or intended to be used as
means for the commission of an offense
2. WarrantlessArrests
Q: What is probable cause?
Q: What are the instances of a valid warrantless
A: Probable cause is such facts and circumstances
arrest?
antecedent to the issuance of a warrant that in
themselves are sufficient to induce a cautious
A:
man to rely on them and act in pursuance
1. In flagrante delicto – The person to be
thereof.
arrested has either committed, is
actually committing, or is about to
Q: How is probable cause determinedpersonally
commit an offense in the presence of
by the judge?
the arresting officer
A:
2. Hot Pursuit – When an offense has in
SEARCH WARRANT WARRANT OF ARREST fact just been committed and the
It is not necessary that arresting officer has probable cause to
The judge must
the judge should believe, based on personal knowledge
personally examine in
personally examine the of the facts and circumstances
the form of searching
complainant and his indicating, that the person to be
questions and answers,
witnesses; the judge arrested has committed it
in writing and under
would simply personally
oath, the complainant
review the initial
and the witnesses he 3. Escaped Prisoner or Detainee – When
determination of the
may produce on facts the person to be arrested is a prisoner
prosecutor to see if it is
personally known to who has escaped from a penal
supported by substantial
them. establishment or place where he is
evidence.
serving final judgment or temporarily
The determination of confined while his case is pending, or
probable cause has escaped while being transferred
He merely determines
depends to a large from one confinement to another. (Sec.
the probability, not the
extent upon the finding 5, Rule 113, Rules of Court)
certainty of guilt of the
or opinion of the judge
accused and, in so doing,
who conducted the
he need not conduct a Q: Can there be a waiver of the right to question
required examination
new hearing. an invalid arrest?
of the applicant and the
witnesses.
A: When a person who is detained applies for
bail, he is deemed to have waived any irregularity
Q: What constitutespersonal knowledge? of his arrest which may have occurred. However,
if the accused puts up bail before he enters his
A:
POLITICALLAW TEAM:
80 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
plea, he is not barred from later questioning the competent official, such as a legal order of
legality of his arrest. deportation, issued by the Commissioner of
Immigration, in pursuance of a valid legislation.
Note: The waiver is limited to invalid arrest and does (Morano vs. Vivo, G.R. No. L‐22196, June 30, 1967)
not extend to illegal search
Q: What is the nature of a search warrant
Q: Are there any other instanceswhere a peace proceeding?
officercan validlyconducta warrantlessarrest?
A: It is neither a criminal action nor a
A: Yes, in cases of continuing offenses. The crimes commencement of a prosecution. It is solely for
of rebellion, subversion, conspiracy or proposal to the possession of personal property. (United
commit such crimes, and crimes or offenses Laboratories, Inc. v. Isip, G.R. No. 163858, June 28,
committed in furtherance thereof, or in 2005)
Q: Can the place to be searched,as set out in the Q: What are the instancesof a valid warrantless
warrant be amplifiedor modifiedby the officers’ search?
personalknowledgeof the premisesor evidence
they adduce in support of their application for A:
the warrant? 1. Visual search is made of moving
vehicles at checkpoints
A: No. Such a change is proscribed by the 2. Search is an incident to a valid arrest
Constitution which requires a search warrant to
particularly describe the place to be searched; Note: An officer making an arrest may
otherwise it would open the door to abuse of the take from the person:
search process, and grant to officers executing a. Any money or property found upon
the search that discretion which the Constitution his person which was used in the
has precisely removed from them. commission of the offense
b. Was the fruit thereof
c. Which might furnish the prisoner
Q: Which court has the primary jurisdiction in
with the means of committing
issuing search warrants?
violence or escaping
A: The RTC where the criminal case is pending or d. Which might be used in evidence in
the trial of the case
if no information has yet been filed, in RTC in the
area/s contemplated. However an RTC not having 3. Search of passengers made in airports
territorial jurisdiction over the place to be 4. When things seized are within plain
searched may issue a search warrant where the view of a searching party
filing of such is necessitated and justified by 5. Stop and frisk (precedes an arrest)
compelling considerations of urgency, subject, 6. When there is a valid express waiver
time, and place. made voluntarily and intelligently
Q: Does the Constitution limit to judges the Note: Waiver is limited only to the arrest and does
authorityto issue warrantsof arrests? not extend to search made as an incident thereto, or
to any subsequent seizure of evidence found in the
A: No, the legislative delegation of such power to search. (People v. Peralta, G.R. 145176, March 30,
the Commissioner of Immigration is not violative 2004)
of the Bill of Rights.
7. Customs search
Note: Section 1 (3), Article III of the Constitution 8. Exigent and emergency circumstances.
does not require judicial intervention in the (People v. De Gracia, 233 SCRA 716))
execution of a final order of deportation issued in
accordance with law. The constitutional limitation Q: What is the Plain View Doctrine?
contemplates an order of arrest in the exercise of
judicial power as a step preliminary or incidental to
A: Objects falling in plain view of an officer who
prosecution or proceedings for a given offense or
has a right to be in the position to have that view
administrative action, not as a measure
are subject to seizure even without a search
indispensable to carry out a valid decision by a
warrant and may be introduced as evidence. vehicle are or have been instruments of some
Requisites for the application of the doctrine are: offense. (People v. Vinecario, G.R. No. 141137,
Jan. 20, 2004)
a. The law enforcer in search of the
evidence has a prior justification for an Q: Valeroso was arrested by virtue of a warrant
intrusion, or is in a position from which of arrest. At that time, Valeroso was sleeping. He
he can view a particular area; was pulled out of the room. The other police
b. The discovery of the evidence in plain officers remained inside the room and ransacked
view is inadvertent; the locked cabinet where they found a firearm
and ammunition. Is the warrantless search and
Q: What is a “stop‐and‐frisk” search? seizure of the firearm and ammunition justified
as an incident to a lawful arrest?
A: It is a limited protective search of outer
clothing for weapons. Probable cause is not A: No. The scope of the warrantless search is not
required but a genuine reason must exist in light without limitations. A valid arrest allows the
of a police officer’s experience and surrounding seizure of evidence or dangerous weapons either
conditions to warrant the belief that the person on the person of the one arrested or within the
detained has weapons concealed. (Malacat v. CA, area of his immediate control. The purpose of the
G.R. No. 123595, Dec. 12, 1997) exception is to protect the arresting officer from
being harmed by the person arrested, who might
Q: Are searches conducted in checkpoints be armed with a concealed weapon, and to
lawful? prevent the latter from destroying evidence
within reach. In this case, search was made in the
A: Yes, provided the checkpoint complies with the locked cabinet which cannot be said to have been
following requisites: within Valeroso's immediate control. Thus, the
search exceeded the bounds of what may be
1. The establishment of checkpoint must considered as an incident to a lawful arrest.
be pronounced (Valeroso v. Court of Appeals, G.R. No. 164815,
2. It must be stationary, not roaming Sept. 3, 2009)
3. The search must be limited to visual
search and must not be an intrusive
search. 5. AdministrativeArrest
Note: Not all searches and seizures are prohibited. Q: When is there an administrativearrest?
Between the inherent right of the State to protect its
existence and promote public welfare and an
A: There is an administrative arrest as an incident
individual’s right against warrantless search which is
to deportation proceedings.
however reasonably conducted, the former should
prevail.
Q: When is a person arrested in a deportation
A checkpoint is akin to a stop‐and‐frisk situation proceedings?
whose object is either to determine the identity of
suspicious individuals or to maintain the status quo A: The following aliens shall be arrested upon the
momentarily while the police officers seek to obtain warrant of the Commissioner of Immigration or of
more information. (Valmonte vs. De Villa, 178 any other officer designated by him for the
SCRA 211) purpose and deported upon the warrant of the
Commissioner of Immigration after a
Q: When may motorists and their vehicles determination by the Board of Commissioners of
passing though checkpoints be stopped and the existence of the ground for deportation as
extensivelysearched? charges against the alien.
A: While, as a rule, motorists and their vehicles 1. Any alien who enters the Philippines
passing though checkpoints may only be after the effective date of this Act by
means of false and misleading
subjectedand
stopped to aextensively
routine inspection,
searchedvehicles may be
when there is statements or without inspection and
probable cause which justifies a reasonable belief admission by the immigration
among those at the checkpoints that either the authorities at a designated port of entry
motorist is a law offender or the contents of the or at any place other than at a
POLITICALLAW TEAM:
82 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
designated port of entry; [As amended serve the entire period of his
by Republic Act No. 503, Sec. 13] imprisonment before he is actually
2. Any alien who enters the Philippines deported: Provided, however, that the
after the effective date of this Act, who imprisonment may be waived by the
was not lawfully admissible at the time Commissioner of Immigration with the
of entry; consent of the Department Head, and
3. Any alien who, after the effective date upon payment by the alien concerned
of this Act, is convicted in the of such amount as the Commissioner
Philippines and sentences for a term of may fix and approved by the
one year or more for a crime involving Department Head; [Paragraph added
moral turpitude committed within five pursuant to Republic Act No. 144, Sec.
years after his entry to the Philippines, 3]
or who, at any time after such entry, is 10. Any alien who, at any time within five
so convicted and sentenced more than years after entry, shall have been
once; convicted of violating the provisions of
4. Any alien who is convicted and the Philippine Commonwealth Act
sentenced for a violation of the law Numbered Six hundred and fifty‐three,
governing prohibited drugs; [As otherwise known as the Philippine Alien
amended by Republic Act No. 503, Sec. Registration Act of 1941**(now Alien
13] Registration Act of 1950, Republic Act
5. Any alien who practices prostitution or No. 562, as amended] or who, at any
is an inmate of a house of prostitution time after entry, shall have been
or is connected with the management convicted more than once of violating
of a house of prostitution, or is a the provisions of the same Act; [Added
procurer; pursuant to Republic Act No. 503, Sec.
6. Any alien who becomes a public charge 13]
within five years after entry from causes 11. Any alien who engages in profiteering,
not affirmatively shown to have arisen hoarding, or black‐marketing,
subsequent to entry; independent of any criminal action
7. Any alien who remains in the which may be brought against him;
Philippines in violation of any limitation [Added pursuant to Republic Act No.
or condition under which he was 503, Sec. 13]
admitted as a non‐immigrant; 12. Any alien who is convicted of any
right to enroll is not absolute; it is subject to fair, A: No. The use of a telephone extension to
reasonable, and equitable requirements. In sum: overhear a private conversation is neither among
those devices, nor considered as a similar device,
1. Schools and their administrators stand in prohibited under the law. (Gaanan v. IAC, G.R.
loco parentis with respect to their students; No. L‐69809 October 16, 1986)
2. Minor students have contextually fewer
rights than an adult, and are subject to the Note: Anti‐Wiretapping Act only protects letters,
custody and supervision of their parents, messages, telephone calls, telegrams and the like.
guardians, and schools;
3. Schools acting in loco parentis, have a duty The law does not distinguish between a party to the
to safeguard the health and well‐being of private communication or a third person. Hence,
both a party and a third person could be held liable
their students and may adopt such measures
under R.A. 4200 if they commit any of the prohibited
as may reasonably be necessary to discharge
such duty; and acts under R.A. 4200. (Ramirez v. CA, G.R. No. 93833
Sept. 28, 1995)
4. Schools have the right to impose conditions
on applicants for admission that are fair, just
Q: Is the tape recording of a telephone
and non‐discriminatory. (SJS v. DDB, G.R. No.
conversation containing a person’s admission
157870, Nov. 3, 2008)
admissible in evidence? Why?
POLITICALLAW TEAM:
84 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
information regarding the person, family, home freedom of speech and of the press. The need to
and correspondence of the aggrieved party. (Sec. prevent the violation of a law cannot per se trump
1, The Rule on the Writ of Habeas Data, A. M. No. the exercise of free speech and free press, a
08‐1‐16‐SC, Jan. 22, 2008) preferred right whose breach can lead to greater
evils. (Francisco Chavez v. Raul M. Gonzales, G.R.
Q: What are the reliefs that may be obtained in No. 168338, Feb. 15, 2008)
the petitionfor issuanceof writ of habeas data?
Q. What is the conceptbehind the provision?
A: The reliefs may include the updating,
rectification, suppression or destruction of the A. Consistent with its intended role in society, it
database or information or files kept by the means that the people are kept from any undue
respondent and in case of threats of the unlawful interference from the government in their
act, the relief may include a prayer for an order thoughts and words. The guarantee basically
enjoining the act complained of. A general prayer flows from the philosophy that the authorities do
for other reliefs that are just and equitable under not necessarily know what is best for the people.
the circumstances is also allowed. (R.B. Gorospe, Constitutional Law: Notes And
Readings On The Bill Of Rights, Citizenship And
Suffrage 442 (2004)
g. FREEDOMOF EXPRESSION
Q: What are the limitations of freedom of
Q: What is the concept and scope of protected expression?
freedomof expressionunder the Constitution?
A: It should be exercised within the bounds of
A: laws enacted for the promotion of social interests
1. Freedom of speech and the protection of other equally important
2. Freedom of the press individual rights such as:
3. Right of assembly and to petition the 1. Laws against obscenity, libel and
government for redress of grievances slander (contrary to public policy)
4. Right to form associations or societies 2. Right to privacy of an individual
not contrary to law 3. Right of state/government to be
5. Freedom of religion protected from seditious attacks
6. Right to access to information on 4. Legislative immunities
matters of public concern. 5. Fraudulent matters
speech and
injurious freeof press.
effects The totality
the violation of and
to private the 1. Prior Restraint
public interest must be calibrated in light of the
preferred status accorded by the Constitution and Q: What is the first prohibition of the free
by related international covenants protecting speech and press clause?
POLITICALLAW TEAM:
86 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
malice" defined? Are the defendants liable for Note: When the prior restraint partakes of a
damages? content‐neutral regulation, it is subject to an
intermediate review. A content‐based regulation or
A: Since Senator XX is a public person and the any system or prior restraint comes to the Court
questioned imputation is directed against him in bearing a heavy presumption against its
his public capacity, in this case actual malice unconstitutionality and thus measured against the
clear and present danger rule, giving the
means the statement was made with knowledge
government a heavy burden to show justification for
that it was false or with reckless disregard of
the imposition of such restraint and such is neither
whether it was false or not. Since there is no
vague nor overbroad.
proof that the report was published with
knowledge that it is false or with reckless
disregard of whether it was false or not, the Q: The NTC issued a warning that that the
defendants are not liable for damage. (Borjal v. continuous airing or broadcast by radio and
especially considering the tapes’ different A: The overbreadth doctrine permits a party to
versions. The identity of the wire‐tappers, the challenge the validity of a statute even though as
manner of its commission and other related and applied to him it is not unconstitutional but it might
relevant proofs are some of the invisibles of this be if applied to others not before the Court whose
case. Fourthly, given all these unsettled facets of activities are constitutionally protected. (Separate
the tape, it is even arguable whether its airing opinion of Justice Mendoza in Cruz v. Secretary of
would violate the anti‐wiretapping law. There is Environment and Natural Resources, 347 SCRA 128,
no showing that the feared violation of the anti‐ 2000) It is a type of facial challenge that prohibits
wiretapping law clearly endangers the national the government from achieving its purpose by
security of the State. (Chavez v. Gonzales, G.R. means that “sweep unnecessarily broadly, reaching
No. 168338, Feb. 15, 2008) constitutionally protected as well as unprotected
activity.
Q: What do you mean by Facial Challenges? Q: What are the tests for valid governmental
interferenceto freedom of expression?
A. A facial challenge is a challenge to a statute in
A:
court, in which the plaintiff alleges that the
1. Clear and Present Danger test
legislation is always, and under all circumstances,
unconstitutional, and therefore void.
Question: Whether the words are used in such
Note: Facial challenge to a statute is allowed only when circumstances and are of such a nature as to
it operates in the area of freedom of expression. create a clear and present danger that they will
Invalidation of the statute on its face, rather than as bring about the substantive evils that Congress
applied, is permitted in the interest of preventing a has a right to prevent. It is a question of
chilling effect on freedom of expression. ( Separate proximity and degree (Schenck v. US, 249 US
opinion of Justice Mendoza in Cruz v. Secretary of 47, 1919)
Environment and Natural Resources, 347 SCRA 128,
2000) Emphasis: The danger created must not only be
clear and present but also traceable to the
Q: How is "facial" challenge different from "as‐ ideas expressed. (Gonzales v. COMELEC, G.R.
applied" challenge? No. L‐27833, April 18, 1969)
A: Distinguished from an as‐applied challenge which Note: This test has been adopted by our SC, and is
considers only extant facts affecting real litigants, most applied to cases involving freedom of
a facial invalidation is an examination of the entire expression.
law, pinpointing its flaws and defects, not only on
the basis of its actual operation to the parties, but 2. Dangerous Tendency test
also on the assumption or prediction that its very
existence may cause others not before the court to Question: Whether the speech restrained has a
refrain from constitutionally protected speech or rational tendency to create the danger
activities. (KMU v. Ermita, G.R. No. 17855, October apprehended, be it far or remote, thus
5, 2010) government restriction would then be allowed.
It is not necessary though that evil is actually
Q: Are facial challengesallowed in penal statutes? created for mere tendency towards the evil is
enough.
A: No. Criminal statutes have general in
terrorem effect resulting from their very existence, Emphasis: Nature of the circumstances under
and, if facial challenge is allowed for this reason which the speech is uttered, though the speech
alone, the State may well be prevented from per se may not be dangerous.
enacting laws against socially harmful conduct. In
the area of criminal law, the law cannot take 3. Grave‐but‐Improbable Danger test
chances as in the area of free speech. (KMU v.
Ermita, G.R. No. 17855, October 5, 2010) Question: Whether the gravity of the evil,
discounted by its improbability, justifies such
Q: What is the OverbreadthDoctrine? an invasion of free speech as is necessary to
POLITICALLAW TEAM:
88 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
avoid the danger (Dennis v. US, 341 US 494, 6. State Regulationof DifferentTypes of Mass
1951) Media
Note: This test was meant to supplant the clear Q: Can an offensive and obscene language
and present danger test. uttered in a prime‐time television broadcast
which was easily accessible to the children be
4. Balancing of interest test reasonablycurtailedand validlyrestrained?
Question: which of the two conflicting interests A: Yes. In Soriano v. MTRCB, G.R. No. 165636, Apr.
(not involving national security crimes) demands 29, 2009, the Court, applying the balancing of
the greater protection under the particular interest doctrine, ruled that the government’s
circumstances presented: interest to protect and promote the interests and
welfare of the children adequately buttresses the
a. When particular conduct is regulated in reasonable curtailment and valid restraint on
the interest of public order petitioner’s prayer to continue as program host
of Ang Dating Daan during the suspension period.
b. And the regulation results in an indirect, Soriano’s offensive and obscene language uttered
conditional and partial abridgement of on prime‐time television broadcast, without
speech (Gonzales v. COMELEC, G.R. No. L‐ doubt, was easily accessible to the children. His
27833, Apr. 18, 1969). statements could have exposed children to a
language that is unacceptable in everyday use. As
5. O’Brien test such, the welfare of children and the State’s
mandate to protect and care for them, as parens
Question: in situations when “speech” and “non‐ patriae, constitute a substantial and compelling
speech” elements are combined in the same government interest in regulating Soriano’s
course of conduct, whether there is a sufficiently utterances in TV broadcast.
important governmental interest that warrants
regulating the non‐speech element, incidentally Q: Is broadcast media entitled to the same
limiting the “speech” element. treatment under the free speech guarantee of
the Constitutionas the print media?
Note: A government regulation is valid if:
a. It is within the constitutional power of A: No. Because of the unique and pervasive
the government;
influence of the broadcast media, “Necessarily . . .
b. In furtherance of an important or
substantial governmental interest; the freedom of television and radio broadcasting
is somewhat lesser in scope than the freedom
c. Governmental interest is unrelated to
accorded to newspaper and print media. (Eastern
the suppression of free expression;
and Broadcasting (DYRE) Corporation v. Dans, Jr., 137
d. The incidental restriction on the SCRA at 635)
freedom is essential to the
furtherance of that interest. (US v. Q: Can the trial of Estrada in the Sandiganbayan
O’Brien, 391 US 367, 1968; SWS v. or any other court be broadcasted in TV or
COMELEC, G.R. 147571, May 5, 2001) radio?
6. Direct Incitement test A: No. An accused has a right to a public trial, but
it is not synonymous with a publicized trial.
Question: What words did a person utter and Freedom of the press and the accused’s
what is the likely result of such utterance protection from a possible prejudicial publicized
trial must be taken into consideration. And unless
Emphasis: The very words uttered, and their there are safety nets to prevent this event,
ability to directly incite or produce imminent broadcast media cannot be allowed to publicize
lawless action. the trial. (Re: Request for Radio‐TV Coverage of
the Estrada Trial, A.M. No 01‐4‐03‐SC, June 29,
Note: It criticizes the clear and present danger test 2001)
for being too dependent on the specific
circumstances of each case.
7. CommercialSpeech
POLITICALLAW TEAM:
90 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
1. Guarantees the right of the people to A: These are the right to believe, which is
peaceably assemble and petition the absolute, and the right to act on one’s belief,
government for redress of grievances which is subject to regulation.
(Sec. 4, Article III,).
2. Requires Congress to pass a law Q: Give some exceptions to the non‐
allowing the people to directly propose establishmentclause as held by jurisprudence.
and enact laws through initiative and to
approve or reject any act or law or part A:
of it passed by Congress or a local 1. Tax exemption on property actually,
legislative body (Sec. 32, Article VI). directly and exclusively used for
3. Provides that the right of the people religious purposes;
and their organizations to participate at
all levels of social, political, and 2. Religious instruction in public schools:
economic decision ‐making shall not be a. At the option of parents/guardians
abridged and that the State shall, by expressed in writing;
law, facilitate the establishment of b. Within the regular class hours by
adequate consultation mechanisms instructors designated or approved
(Sec. 16, Article XIII). by religious authorities of the
4. Provides that subject to the enactment religion to which the children
of an implementing law, the people belong;
may directly propose amendments to c. Without additional costs to the
the Constitution through initiative (Sec. government;
2, Article XVII).
3. Financial support for priest, preacher,
minister, or dignitary assigned to the
i. FREEDOMOF RELIGION armed forces, penal institution or
government orphanage or leprosarium;
Q: What are the two guarantees contained in
Sec. 5 ArticleIII of the 1987 Constitution? 4. Government sponsorship of town
fiestas, some purely religious traditions
A: have now been considered as having
1. Non‐establishment clause; acquired secular character; and
2. Free exercise clause, or the freedom of
religious profession and worship 5. Postage stamps
of depicting
Philippines as
the venue a significant religious
event – benefit to the religious sect
involved was merely incidental as the
A: It is a test to determine whether an act of the A: The religious organization cannot invoke
government violates the non‐establishment freedom of speech and freedom of religion as
clause. To pass the Lemon test, a government act grounds for refusing to submit the tapes to the
or policy must: MTRCB for review prior to airing. When the
1. Have a secular purpose; religious organization started presenting its
2. Not promote or favor any set of religious program over television, it went into the realm of
beliefs or religion generally; and action. The right to act on one's religious belief is
3. Not get the government too closely not absolute and is subject to police power for
involved (“entangled”) with religion. the protection of the general welfare. Hence the
tapes may be required to be reviewed prior to
Q: What is the CompellingState Interest test? airing.
A: It is the test used to determine if the interests However, the MTRCB cannot ban the tapes on the
of the State are compelling enough to justify ground that they attacked other religions. In
infringement of religious freedom. It involves a Iglesia ni Cristo v. CA, G.R. No. 119673, July 26,
three‐step process: 1996, the Supreme Court held that: "Even a side
glance at Sec. 3 of P.D. No. 1986 will reveal that it
1. Has the statute or government action is not among the grounds to justify an order
created a burden on the free exercise of prohibiting the broadcast of petitioner's
religion? – Courts often look into the television program."
sincerity of the religious belief, but
without inquiring into the truth of the Moreover, the broadcasts do not give rise to a
belief since the free exercise clause clear and present danger of a substantive evil.
prohibits inquiring about its truth.
Q: X, a court interpreter,is living with a man not
2. Is there a sufficiently compelling state her husband. Y filed the charge against X as he
interest to justify this infringement of believes that she is committing an immoral act
religious liberty? – In this step, the that tarnishes the image of the court, thus she
government has to establish that its should not be allowed to remain employed
purposes are legitimate for the State therein as it might appear that the court
and that they are compelling. condones her act. X admitted that she has been
living with Z without the benefit of marriage for
3. Has the State in achieving its legitimate twenty years and that they have a son. But as a
purposes used the least intrusive means member of the religious sect known as the
possible so that the free exercise is not Jehovah’s Witnesses and the Watch Tower and
infringed any more than necessary to Bible Tract Society, their conjugal arrangementis
achieve the legitimate goal of the State? in conformity with their religious beliefs. In fact,
– The analysis requires the State to after ten years of living together, she executed
show that the means in which it is on July 28, 1991 a “Declaration of Pledging
achieving its legitimate State objective Faithfulness. Should X’s right to religious
is the least intrusive means, or it has freedom carve out an exception from the
chosen a way to achieve its legitimate prevailing jurisprudence on illicit relations for
State end that imposes as little as which government employees are held
possible intrusion on religious beliefs. administrativelyliable?
POLITICALLAW TEAM:
92 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
Q: Ang Ladlad is an organization composed of A: The liberty of abode may be impaired only
men and women who identify themselves as upon lawful order of the court and within the
lesbians, gays, bisexuals, or trans‐gendered limits prescribed by law.
individuals (LGBTs). Ang Ladladapplied for
registration with the COMELEC. The COMELEC
dismissedthe petitionon moral grounds, stating 2. Returnto One’s Country
that definitionof sexual orientationof the LGBT
sector makes it crystal clear that petitioner Q: Is the right to return to one’s country
tolerates immorality which offends religious guaranteedin the Bill of Rights?
beliefs based on the Bible and the Koran. Ang
Ladladargued that the denial of accreditation,
insofar as it justified the exclusion by using A: The right to return to one’s country is not
among the rights specifically guaranteed in the
religious dogma, violated the constitutional Bill of Rights, which treats only of the liberty of
guaranteesagainst the establishmentof religion. abode and the right to travel. Nevertheless, the
Is this argumentcorrect? right to return may be considered as a generally
accepted principle of International law, and under Note: The right only affords access to records,
the Constitution, is part of the law of the land. documents and papers, which means the
However, it is distinct and separate from the right opportunity to inspect and copy them at his
to travel and enjoys a different protection under expense. The exercise is also subject to reasonable
the Intl. Covenant of Civil and Political Rights. regulations to protect the integrity of public records
(Marcos v. Manglapus, G.R. No. 88211, Sept. 15, and to minimize disruption of government
operations.
1989 & Oct. 27, 1989)
Q: What is the limitation on the right to travel? 1. Information affecting national security,
military and diplomatic secrets. It also
A: The limitations are the interest of national includes inter‐government exchanges
security, public safety or public health, as may be prior to consultation of treaties and
provided by law. executive agreement as may reasonably
protect the national interest
With respect to the right to travel, it is settled
that only a court may issue a hold departure 2. Matters relating to investigation,
order against an individual addressed to the apprehension, and detention of criminals
Bureau of Immigration and Departure. However, which the court may not inquire into
administrative authorities, such as passport‐ prior to arrest, prosecution and
officers, may likewise curtail such right in the detention
interest of national security, public safety, or
public health, as may be provided by law. 3. Trade and industrial secrets and other
banking transactions as protected by the
Intellectual Property Code and the
k. RIGHT TO INFORMATIONAND ACCESS TO Secrecy of Bank Deposits Act
PUBLIC RECORDS
4. Other confidential information falling
under the scope of the Ethical Safety Act
Q: What is the scope of the right?
concerning classified information
A: This covers information on matters of public
concern. It pertains to access to official records,
documents and papers pertaining to official acts, 2. Publicationof Laws and Regulations
transactions or decisions, as well as to
government research data used as basis for policy Q: Is there a need for publication of laws to
development. reinforce the right to information?
The SC has held in Chavez v. PEA and AMARI (G.R. A: Yes. In Tanada v. Tuvera, the Court said Laws
No. 133250, July 9, 2002) that the right to must come out in the open in the clear light of
information contemplates inclusion of the sun instead of skulking in the shadows with
negotiations leading to the consummation of the their dark, deep secrets. Mysterious
transaction. pronouncements and rumored rules cannot be
recognized as binding unless their existence and
contents are confirmed by a valid publication
POLITICALLAW TEAM:
94 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
intended to make full disclosure and give proper negotiationsbetween the Philippinesand Japan.
notice to the people. Are these matters of public concern? Can they
be disclosed?
(Hidalgo v. Reyes, AM No. RTJ‐05‐1910, Apr. 15, A: No, the right to strike is not included. Their
2005) employment is governed by law. It is the Congress
and administrative agencies which dictate the
terms and conditions of their employment. The
4. GovernmentContractNegotiations same is fixed by law and circulars and thus not
subject to any collective bargaining agreement.
Q: May the government,through the PCGG, be
required to reveal the proposed terms of a Note: Pursuant to Sec. 4, Rule III of the Rules and
compromiseagreementwith the Marcos heirs as Regulations to Govern the Exercise of the Right of
regardstheir allegedill‐gottenwealth? Government Employees to Self‐Organization, the
terms and conditions of employment in the
Government, including any of its instrumentalities,
A: It is incumbent upon the PCGG, and its officers,
political subdivision and government owned and
as well as other government representatives, to
controlled corporations with srcinal charters, are
disclose sufficient public information on any
governed by law and employees therein shall not
proposed settlement they have decided to take
strike for the purpose of securing changes thereof.
up with the ostensible owners and holders of ill‐ (SSS Employees Association v. CA, GR. No. 85279, July
gotten wealth. Such information must pertain to 28, 1989) The only available remedy for them is to
definite propositions of the government. (Chavez lobby for better terms of employment with
v.PCGG, G.R. No. 130716, December 9, 1998) Congress.
5. DiplomaticNegotiations m. EMINENTDOMAIN
Q: An ordinance of Quezon City requires A: Yes it is for public purpose even if the
memorial park operators to set aside at least 6% developed area is later sold to private
of their cemetery for charity burial of deceased homeowners, commercial firms, entertainment
persons. Is this a valid exercise of police power? and service companies and other private
concerns. (Reyes v. NHA G.R. No. 47511. January
A: No, it constitutes taking of property without 20, 2003)
just compensation. Instead of building or
maintaining a public cemetery for this purpose,
the city passes the burden to private cemeteries. n. CONTRACTCLAUSE or NON‐IMPAIRMENT
(City Government of Quezon City vs. Ericta, G.R. CLAUSE
No. L‐34915, Jun. 24, 1983)
Q: May laws be enacted even if the result would
Q: Can there be expropriation in right of way be the impairmentof contracts?
easement?
A:
A: Yes. Expropriation is not limited to the GR: Valid contracts should be respected by
acquisition of real property with a corresponding the legislature and not tampered with by
transfer of title or possession – the right of way subsequent laws that will change the
easement resulting in a restriction of limitation on intention of the parties or modify their rights
property right over the land traversed by and obligations. The will of the parties to a
transmission lines also falls within the ambit of contract must prevail. A later law which
the term expropriation. (NPC v. Maria enlarges, abridges, or in any manner changes
Mendoza San Pedro G.R. No. 170945 September the intent of the parties to the contract
26, 2006) necessarily impairs the contract itself and
cannot be given retroactive effect without
Q: Causby sued the United States for trespassing violating the constitutional prohibition against
on his land, complaining specifically about how impairment of contracts. (Sangalang v. IAC,
"low‐flying military planes caused the plaintiffs' GR No. 71169, December 22, 1988)
chickens to 'jump up against the side of the
chicken house and the walls and burst XPN: Enactment of laws pursuant to the
themselves open and die. Are they entitled to exercise of police power because public
compensationby reason of taking clause? welfare prevails over private rights. It is
deemed embedded in every contract a
A: There is taking by reason of the frequency and reservation of the State’s exercise of police
altitude of the flights. Causby could not use his power, eminent domain and taxation, so long
land for any purpose. (US v. Causby, 328 U.S. 256 , as it deals with a matter affecting the public
1946) welfare. (PNB v Remigio, G.R. No 78508,
March 21, 1994)
POLITICALLAW TEAM:
96 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
Q: What constitutesimpairment?
They need not b e persons so poor that they must
A: Any statute which introduces a change into the be supported at public expense. It suffices that
express terms of the contract, or its legal the plaintiff is indigent. And the difference
construction, or its validity, or its discharge, or the between paupers and indigent persons is that the
remedy for its enforcement, impairs the contract. latter are persons who have no property or
(Black’s Law Dictionary) sources of income sufficient for their support
aside from their own labor though self supporting
Note: Franchises, privileges, licenses, etc. do not when able to work and in employment. (Acar v.
come within the context of the provision, since these Rosal, G.R. No. L‐21707, March 18, 1967)
things are subject to amendment, alteration or
repeal by Congress when the common good so
requires. p. RIGHTSOF SUSPECTS
Q: PAL (a former GOCC) and Kuwait Airways Q: What are the Mirandarights?
entered into a CommercialAgreementand Joint
Services Agreement. Can the execution of the A: These are the rights to which a person under
Commercial Memorandum of Understanding custodial investigation is entitled. These rights
between Kuwait and Philippine Government are:
automatically terminate the aforementioned 1. Right to remain silent
agreement? 2. Right to competent and independent
counsel, preferably of his own choice
A: No, because an act of the Phil. Gov’t negating 3. Right to be reminded that if he cannot
the commercial agreement between the two afford the services of counsel, he would
airlines would infringe the vested rights of a be provided with one
private individual. Since PAL was already under 4. Right to be informed of his rights
private ownership at the time the CMU was 5. Right against torture, force, violence,
entered into, the Court cannot presume that any threat, intimidation or any other means
and all commitments made by the Phil. Gov’t are which vitiate the free will
unilaterally binding on the carrier even if this 6. Right against secret detention places,
comes at the expense of diplomatic solitary, incommunicado, or similar
embarrassment. Even granting that the police forms of detention
power of the State may be exercised to impair the 7. Right to have confessions or admissions
vested rights of privately‐owned airlines, the
deprivation of property still requires due process obtained in violation of these rights
considered inadmissible in evidence
of law. (Kuwait Airline Corporation v. PAL, G.R. (Miranda v Arizona, 384 US 436, 1966)
No. 156087, May 8, 2009)
Note: Even if the person consents to answer
Q: May there be a valid impairmentof contracts questions without the assistance of counsel, the
even if the act in question is done by an entity moment he asks for a lawyer at any point in the
other than the legislature? investigation, the interrogation must cease until an
attorney is present.
A: Yes. The act need not be by a legislative office;
but it should be legislative in nature. (Philippine The “Miranda Rights” are available to avoid
Rural Electric Cooperatives Assoc. v. DILG Sec, G.R. involuntary extrajudicial confession.
No. 143076, June 10, 2003)
The purpose of providing counsel to a person under
custodial investigation is to curb the police‐state
practice of extracting a confession that leads
o. LEGAL ASSISTANCEAND FREE ACCESSTO
appellant to make self‐incriminating statements.
COURTS
(People vs. Rapeza, GR 169431, 3 April 2007)
Q. What is the significanceof this provision? Q: What are the rights and limitations of a
person in a preliminaryinvestigation?
A. It is the basis for the provision of Section 17,
Rule 5 of the New Rules of Court allowing A:
litigation in forma pauperis . Those protected 1. He cannot cross‐examine
include low paid employees, domestic servants 2. No right to counsel except when
and laborers. (Cabangis v. Almeda Lopez, G.R. No. confession is being obtained
47685, September 20, 1940)
3. He cannot file complaint or information not choose to use the term “custodial” by having
without authority it inserted between the words “under” and
4. Right to be present not absolute “investigation” goes to prove that it has
5. No dismissal without approval broadened the application of the Miranda
6. Right to discovery proceedings doctrine to investigation for commission of an
1. Availability offense of a person not in custody alone. (People
v. Maqueda, G.R. No. 112983, Mar. 22, 1995)
Q: When do these rights become available?
Q: When are the Miranda rights unavailable?
A: During custodial investigation or as soon as the
investigation ceases to be a general inquiry unto A:
an unsolved crime and direction is aimed upon a 1. During a police line‐up, unless
particular suspect, as when the suspect who has admissions or confessions are being
been taken into police custody and to whom the elicited from the suspect (Gamboa Vs.
police would then direct interrogatory questions Cruz,L‐56291, 27 Jun 1988)
which tend to elicit incriminating statements. 2. During administrative investigations
(Sebastian, Jr v Garchitorena, G.R. No
Note: Sec. 2 of R.A. 7438 provides that custodial 114028)
investigation shall include the practice of issuing an 3. Confessions made by an accused at the
invitation to a person who is under investigation in time he voluntarily surrendered to the
connection with an offense he is suspected to have police or outside the context of a formal
committed investigation; (People v Baloloy, G.R. No
140740, April 12, 2002) and
Rights during custodial investigation apply only 4. Statements made to a private person
against testimonial compulsion and not when the
(People v Tawat, G.R. No 62871, May
body of the accused is proposed to be examined (i.e.
25, 1985)
urine sample; photographs; measurements;
garments; shoes) which is a purely mechanical act.
A: The rights are not confined to that period prior Q: Is a confession given to a mayor admissible in
to the filing of a complaint or information but are court?
available at that stage when a person is under
investigation for the commission of the offense. A: Yes, if such confession was given to the mayor
The fact that the framers of our Constitution did as a confidant and not as a law enforcement
POLITICALLAW TEAM:
98 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
Q: What are the requisites of criminal due Q: When shall bail be denied?
process?
A: If the penalty imposed by the trial court is
A: imprisonment exceeding six (6) years, the accused
1. Accused is heard by a court of shall be denied bail, or his bail shall be cancelled
competent jurisdiction upon a showing by the prosecution, with notice
2. Accused is proceeded against under the to the accused, of the following or other similar
orderly processes of law circumstances:
POLITICALLAW TEAM:
100 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
The appellate court may, motu proprio or on When the accused is charged with an offense
motion of any party, review the resolution of the punishable by reclusion perpetua or higher, a
RTC after notice to the adverse party in either hearing on the motion for bail must be conducted
case. (Sec. 5, Rule 114, Rules of Court) by the judge to determine whether or not the
evidence of guilt is strong. (Baylon v. Judge Sison,
Note: The conduct of petitioner in applying for bail A.M. No. 92‐7‐360‐0, Apr. 6, 1995)
indicated that he had waived his objection to
whatever defect, if any, in the preliminary Q: Is the right to bail availableto an alien during
examination conducted by respondent judge (Luna the pendencyof deportationproceedings?
v. Plaza, G.R. No.L‐27511, Nov. 29, 1968) The right to
bail is available from the very moment of arrest A: Yes, provided that potential extraditee must
(which may be before or after the filing of formal
prove by clear and convincing proof that he is not
charges in court) up to the time of conviction by final
a flight risk and will abide with al orders and
judgment (which means after appeal). No charge
processes of the extradition court. (Government
need be filed formally before one can file for bail, so
of Hong Kong Special Administrative Region v.
long as one is under arrest. (Heras Teehankee v.
Rovira, G.R. No. L‐101, Dec. 20 1945) Olalia Jr., G.R 153675, Apr. 19, 2007)
Q: What are the factors to be considered in Q: Who may invoke the presumption of
settingthe amount of bail? innocence?
constitutional presumption of innocence should indicating the guilt of the accused does not in
tilt the scales in favor of the accused (Corpuz v. itself destroy the constitutional presumption of
People, G.R. No. 74259, Feb. 14, 1991) innocence unless the inculpating presumption,
together with all the evidence, or the lack of any
Q: OZ lost five heads of cattle which he reported evidence or explanation, proves the accused’s
to the police as stolen from his barn. He guilt beyond a reasonable doubt. Until the
requested several neighbors, including RR, for accused’s guilt is shown in this manner, the
help in looking for the missing animals. After an presumption of innocence continues. (Re:
extensive search, the police found two heads in Conviction of Judge Adoracion G. Angeles, A.M.
RR's farm. RR could not explain to the police No. 06‐9‐545‐RTC, Jan. 31, 2008)
how they got hidden in a remote area of his
farm. Insisting on his innocence, RR consulted
a lawyer who told him he has a right to be 4. Right to be Heard by Himself and Counsel
presumed innocent under the Bill of Rights. But
there is another presumption of theft arising Q: Does this right pertain to mere presence of a
from his unexplained possession of stolen cattle lawyer in the courtroom?
under the penal law.
A: No. The accused must be amply accorded legal
Are the two presumptions capable of assistance extended by a counsel who commits
reconciliation in this case? If so, can they be himself to the cause of the defense and acts
reconciled? If not, which should prevail? accordingly; an efficient and truly decisive legal
assistance, and not simply a perfunctory
A: The two presumptions can be reconciled. The representation. (People v. Bermas, G.R. No.
presumption of innocence stands until the 120420, Apr. 21, 1999)
contrary is proved. It may be overcome by a
contrary presumption founded upon human
Q: Several individuals were tried and convicted
experience. The presumption that RR is the one
of Piracy in Philippine Waters as defined in PD
who stole the cattle of OZ is logical, since he was
532. However, it was discovered that the lawyer,
found in possession of the stolen cattle. RR
Mr. Posadas, who represented them was not a
can prove his innocence by presenting evidence
member of the bar although evidence shows
to rebut the presumption. The burden of
that he was knowledgeable in the rules of legal
evidence is shifted to RR, because how he came
procedure.
into possession of the cattle is peculiarly within
his knowledge. (Dizon‐Pamintuan v. People, G.R.
No. 111426, July 11, 1994) The accused now allege that their conviction
should be set aside since they were deprived of
Q: The RTC QC rendered a decision convicting due process. Are they correct?
Judge Angeles of violation of R.A. 7610. The
criminal cases are now on appeal before the A: No. Sec. 1 of Rule 115 of the Revised Rules of
Court of Appeals. Meanwhile, Senior Sate Criminal Procedure states that "upon motion, the
Prosecutor Velasco (SSP Velasco) suggested the accused may be allowed to defend himself in
immediate suspension of Angeles. SSP Velasco person when it sufficiently appears to the court
posited that since Judge Angeles stands that he can properly protect his rights without the
convicted of two counts of child abuse, her assistance of counsel." By analogy, but without
moral qualification as a judge is in question. prejudice to the sanctions imposed by law for the
Judge Angeles manifested that she still enjoys illegal practice of law, it is amply shown that the
the presumption of innocence since the criminal rights of accused were sufficiently and properly
cases are on appeal. Does she still enjoy the protected by the appearance of Mr. Posadas. An
presumption of innocence if the judgment examination of the record will show that he knew
convicting her is on appeal? the technical rules of procedure. Hence, there
was a valid waiver of the right to sufficient
A: Judge Angeles still enjoys constitutional representation during the trial, considering that it
presumption of innocence. Since her conviction of was unequivocally, knowingly, and intelligently
POLITICALLAW TEAM:
102 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
Note: In Flores v. Ruiz, G.R. No. L‐35707, May 31, A: Description, not designation of the offense, is
1979, the Supreme Court held that the right to controlling. The real nature of the crime charged
counsel during the trial cannot be waived, because is determined from the recital of facts in the
“even the most intelligent or educated man may information. It is neither determined based on
have no skill in the science of law, particularly in the the caption or preamble thereof nor from the
rules of procedure, and without counsel, he may be specification of the provision of the law allegedly
convicted not because he is guilty but because he
violated.
does not know how to establish his innocence”.
Q: May the right to be informed of the nature the fault of the prosecution, the testimony of the
and cause of accusation be waived? witness should not be excluded.
A: No. However, the defense may waive the right Q: Are affidavits of witnesses who are not
to enter a plea and let the court enter a plea of presented during trial admissible?
“not guilty”.
A: No. They are inadmissible for being hearsay.
The accused is denied the opportunity to cross‐
6. Right to Speedy, Impartial and Public examine the witnesses.
POLITICALLAW TEAM:
104 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
3. The witness will be available at the time 2. Copy be served upon accused or
desired counsel
4. No similar evidence could be obtained
Note: Recording the decision in the criminal docket
Q: When is the right to cross‐examine of the court satisfies the requirement of notifying
demandable? the accused of the decision wherever he may be.
(Estrada v. People, G.R. No. 162371, Aug. 25, 2005)
A: It is demandable only during trials. Thus, it
cannot be availed of during preliminary
investigations. r. PRIVILEGEOF WRIT OF HABEAS CORPUS
Q: What are the principalexceptionsto the right Q: What is the Writ of Habeas Corpus?
of confrontation?
A: Writ of Habeas Corpus is a writ directed to the
A: person detaining another, commanding him to
1. Admissibility of dying declarations and produce the body of the detainee at a designated
all exceptions to the hearsay rule time and place, and to show the cause of his
2. Trial in absentia under Sec.14(2) of Art. detention.
III of the Constitution
3. With respect to child testimony Q: What is the Privilege of the Writ of Habeas
Corpus?
A: Trial in absentia may proceed if the following Q: When may the privilege of the writ be
requisites are present: suspended?
1. Accused has been validly arraigned A: The privilege of the writ may be suspended by
2. Accused has been duly notified of the the President, provided that the following
dates of hearing requisites are present:
3. Failure to appear is unjustifiable
1.
2. Existence of actual
Public safety invasion
requires or rebellion
the suspension
Q: Is the presenceof the accusedmandatory?
POLITICALLAW TEAM:
106 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
A: No. The restriction on his right to travel as a shielded from the perpetrators of their
consequence of the pendency of the criminal case abduction, they cannot be expected to show
filed against him was not unlawful. Fr. Reyes also evidence of overt acts of threat such as face‐to‐
failed to establish that his right to travel was face intimidation or written threats to their life,
impaired in the manner and to the extent that it liberty and security. Nonetheless, the
amounted to a serious violation of his right to life, circumstances of their abduction, detention,
liberty, and security, for which there exists no torture and escape reasonably support a
readily available legal remedy. (Reyes v. CA, G.R. conclusion that there is an apparent threat that
No. 182161, Dec. 3, 2009) they will again be abducted, tortured, and this
time, even executed. These constitute threats to
Q: X and Y were abductedby the CitizensArmed their liberty, security, and life, actionable through
Forces Geographical Unit (CAGFU). They were a petition for a Writ of Amparo. (Sec. of National
taken to various military camps, put in chains, Defense and AFP Chief of Staff v. Manalo, G.R.
and tortured. While detained, they were No. 180906, Oct. 7, 2008)
threatened that if they escape, they and their
families would be killed. While in captivity,they
met A, B, and C who were also prisoners. s. RIGHT AGAINSTSELF‐INCRIMINATION
Eventually,X and Y were able to escape.
Q: When is the right available?
Presently,X and Y are now in protectivecustody
under private individuals.X and Y then filed a A: The right is available not only in criminal
petition for the issuance of the Writ of Amparo, prosecutions but also in all other government
implicating several officers of the military as proceedings, including civil actions and
their abductors.They allege that their cause of administrative or legislative investigations that
action consists in the threat to their right to life possess a criminal or penal aspect—but not to
and liberty, and a violation of their right to private investigations done by private individual
security. Considering the fact that they have (BPI vs. CASA, 430 SCRA 261). It may be claimed
alreadyescaped,will the petitionstill prosper? not only by the accused but also by any witness to
whom a question calling for an incriminating
A: Yes. While X and Y were detained, they were answer is addressed.
threatened that if they escaped, their families,
including them, would be killed. In time, they Q: When is a questionincriminating?
were able to escape. The condition of the threat
to be killed has come to pass. It should be A: A question tends to incriminate when the
stressed that they are now free from captivity answer of the accused or the witness would
not because they were released by virtue of a establish a fact which would be a necessary link in
lawful order or voluntarily freed by their a chain of evidence to prove the commission of a
abductors. It ought to be recalled that towards crime by the accused or the witness.
the end of their ordeal their captors even told
them that they were still deciding whether they Q: When is the right against self‐incrimination
should be executed. applied?
Q: What is the difference between an accused supposed to be falsified. The lower court
and an ordinary witness with respect to the right granted the petition of the fiscal. X refused what
against self‐incrimination? the fiscal demanded and sought refuge in the
constitutionalprovision of his right against self‐
A: incrimination.Is X’s contentionvalid?
Accused Ordinary Witness
Can refuse to take the Cannot refuse to take A: X’s contention is tenable. Under Article HI,
witness stand altogether the witness stand; can Section 17 of the 1987 Constitution, “no
by invoking the right only refuse to answer person shall be compelled to be a witness
against self‐ specific questions which against himself.” Since the provision prohibits
incrimination would incriminate him in compulsory testimonial incrimination, it does
the commission of an not matter whether the testimony is taken by oral
offense
or written. Writing is not purely a mechanical act
because it requires the application of intelligence
and attention. The purpose of the privilege is to
1. Scope and Coverage avoid and prohibit thereby the repetition and
recurrence of compelling a person, in a
Q: What is the scope of the Privilege against Self‐ criminal or any other case, to furnish the
incrimination? missing evidence necessary for his conviction.
(Bermudez v. Castillo, July 26, 1937; Beltran v.
A: This constitutional privilege has been defined Samson, G.R. No. 32025, September 23, 1929)
as a protection against testimonial compulsion,
but this has since been extended to any evidence Note: There is similarity between one who is
“communicative in nature” acquired under compelled to produce a private document (Boyd vs.
circumstances of duress (People v. Olvis, G.R. No. US, 1886), and one who is compelled to furnish a
71092, Sept. 30, 1987) specimen of his handwriting, for in both cases, the
witness is required to furnish evidence against
What is prohibited is the use of physical or moral himself.
compulsion to extort communication from the
witness or to otherwise elicit evidence which 2. Immunity Statutes
would not exist were it not for the actions
compelled from the witness. Q: Distinguish Derivative‐Use Immunity from
TransactionalImmunity.
Note: It applies only to testimonial compulsion and
production of documents, papers and chattels in A:
court except when books of account are to be Derivative‐Use
examined in the exercise of police power and the Transactional Immunity
Immunity
power of taxation. An accused may be compelled to Whatever is elicited
be photographed or measured, his garments may be from the witness, as well
removed, and his body may be examined. However, as any other evidence Witness is immunized
an order requiring the accused to write so that his which the investigators from prosecution in
handwriting may be validated with the documentary were led to because of relation to the crime in
evidence is covered by the constitutional the testimony given, which he was compelled
proscription against self‐incrimination. would not be admissible to provide testimony
in evidence against the
Q: Do re‐enactments violate a person's right witness
against self‐incrimination?
Q: Republic of the Philippinesfiled a case against
A: Yes. A person who is made to re‐enact a crime WestinghouseCorporationbefore the US District
may rightfully invoke his privilege against self‐ Court due to the belief that Westinghouse
incrimination, because by his conduct of acting contract for the construction of the Bataan
out how the crime was supposedly committed, he Nuclear power plant, which was brokered by
thereby practically confesses his guilt by action Herminio’s Disini’s company, had been attended
which is as eloquent, if not more so, than words. by anomalies. Having worked as Herminio’s
executive in the latter’s company for 15 years,
Q: Fiscal A petitioned the lower court to order X the Republic asked Jesus Disini to give his
to appear before the former to take dictation in testimony regarding the case.
X’s own handwriting to determine whether or
not it was X who wrote certain documents
POLITICALLAW TEAM:
108 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
persons charged with a crime before the Q: What are the punishmentscovered?
prosecutor’s office, a mandatory drug testing can
never be random or suspicionless. The ideas of A: Cruel, degrading, and inhuman form, extent,
randomness and being suspicionless are and duration punishments
antithetical to their being made defendants in a
criminal complaint. They are not randomly Q: When is a penalty cruel and inhuman?
picked; neither are they beyond suspicion. When
persons suspected of committing a crime are A: A penalty is cruel and inhuman if it involves
charged, they are singled out and are impleaded torture or lingering suffering.
against their will. The persons thus charged, by
the bare fact of being haled before the Q: When is a penalty degrading?
prosecutor’s office and peaceably submitting
themselves to drug testing, if that be the case, do A: A penalty is degrading if it exposes a person to
not necessarily consent to the procedure, let public humiliation.
alone waive their right to privacy. To impose
mandatory drug testing on the accused is a Q: What are the standards used to determine if
blatant attempt to harness a medical test as a the penalty is cruel and inhuman?
tool for criminal prosecution, contrary to the
stated objectives of R.A. 9165. Drug testing in this A:
case would violate a person’s right to privacy 1. The punishment must not be so severe
guaranteed under Sec. 2, Art. III of the as to be degrading to the dignity of
Constitution. Worse still, the accused person’s are human beings
veritably forced to incriminate themselves. (SJS v. 2. It must not be applied arbitrarily
DDB, G.R. No. 157870, Nov. 3, 2008) 3. It must not be unacceptable to
contemporary society
4. It must not be excessive, and it must
t. RIGHT AGAINSTINVOLUNTARYSERVITUDE serve a penal purpose more effectively
than a less severe punishment would
Q: What is involuntaryservitude? 5. Excessive fine, or one which is
disproportionate to the offense
A: It is the condition where one is compelled by
force, coercion, or imprisonment, and against his Note: Mere severity does not constitute cruel or
will, to labor for another, whether he is paid or inhuman punishment. To violate constitutional
not. guarantee, penalty must be flagrant and plainly
oppressive, disproportionate to the nature of the
offense as to shock the senses of the community.
GR: No involuntary servitude shall exist.
XPNs:
1. Punishment for a crime for which the v. NON‐IMPRISONMENTFOR DEBT
party has been duly convicted
2. Personal military or civil service in the Q: What is the coverage of this section?
interest of national defense
3. In naval enlistment, a person who A:
enlists in a merchant ship may be 1. Debt – any civil obligation arising from
compelled to remain in service until the contract
end of a voyage 2. Poll tax – a specific sum levied upon any
4. Posse comitatus or the conscription of person belonging to a certain class
able‐bodied men for the apprehension without regard to property or
of criminals occupation (e.g. Community tax)
5. Return to work order issued by the
DOLE Secretary or the President Note: A tax is not a debt since it is an obligation
arising from law. Hence, its non‐payment maybe
6. Minors under patria potestas are
validly punished with imprisonment. Only poll tax is
obliged to obey their parents
covered by the constitutional provision.
If an accused fails to pay the fines imposed upon
u. PROHIBITEDPUNISHMENTAND POLITICAL him, this may result in his subsidiary imprisonment
PRISONERS because his liability is ex delicto and not ex
contractu.
POLITICALLAW TEAM:
110 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS
A: Generally, a debtor cannot be imprisoned for Q: When is the defense of double jeopardy not
failure to pay his debt. However, if he contracted available?
his debt through fraud, he can be validly punished
in a criminal action as his responsibility arises not A:
from the contract of loan but from commission of GR: Double jeopardy is not available when the
a crime. (Lozano v. Martinez, G.R. No. L‐63419, case is dismissed other than on the merits or
Dec.18, 1986) other than by acquittal or conviction upon
motion of the accused personally, or through
counsel, since such dismissal is regarded as
w. DOUBLEJEOPARDY with express consent of the accused, who is
therefore deemed to have waived the right to
Q: What is Double Jeopardy? plea double jeopardy.
A: No. The act of the X’s counsel in writing “No penalty or deprivation of a right for
Objection” constituted an express consent to the something which when done was lawful
termination within the meaning of Sec. 9 of Rule 6. Deprives a person accused of a crime of
117 Rules of Court. He could not thereafter some lawful protection to which he has
revoke that conformity since the court had become entitled, such as the protection
already acted upon it by dismissing the case. X of a former conviction or acquittal, or a
was bound by his counsel’s consent to the proclamation of amnesty
dismissal. (People v. Pilpa, G.R. No. L‐30250, Sept.
22, 1977) Q: What is a bill of attainder?
Q: Two policemen were charged before the A: A “bill of attainder” is a legislative act that
Sandiganbayan for the death of two men. inflicts punishment without trial, its essence being
However, the prosecution was ordered to the substitution of legislative fiat for a judicial
amend the information and the accused were determination of guilt. (People vs. Ferrer)
arraigned anew and consequestly convicted.
Were they placed in double jeopardy? Note: It is only when a statute applies either to a
named individuals or easily ascertainable members
A: No. The first requirement for jeopardy to of a group in such a way as to inflict punishment on
attach – that the Informations were valid – has them without a judicial trial that it becomes a bill of
not been complied with. (Herrera v. attainder.
Sandiganbayan, G.R. Nos. 119660‐61, Feb. 13,
2009) Q: What are the two kinds of bill of attainder?
right to due process was violated. (People v. the penalty of reclusion temporal to reclusion
Dumlao, G.R. No. 168918, Mar. 2, 2009) perpetua. However, while the case was pending,
PD 1866 was amended by RA 8294, which
reduced the penalty to prision correccional but
x. EX POST FACTO LAW AND increasing the amount of fine. If X is convicted,
BILL OF ATTAINDER which penalty shall be imposed?
POLITICALLAW TEAM:
112 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
CITIZENSHIP
citizenship on the basis of blood adoption of the Constitution had been elected to
relationship. public office, are considered Filipino citizens.
2. Jus soli – acquisition of citizenship (Chiongbian v. de Leon, G.R. No. L‐2007, Jan. 31,
on the basis of the place of birth. 1949)
2. By naturalization – the legal act of The 1935, Constitution, during which regime FPJ
adopting an alien and clothing him with had seen first light, confers citizenship to all
the privilege of a native‐born citizen. persons whose fathers are Filipino citizens
regardless of whether such children are
3. By marriage legitimate or illegitimate. (Tecson v. COMELEC,
G.R. No. 161434, Mar. 3, 2004)
Note: Jus sanguinis and naturalization are the modes
followed in the Philippines. Q: Who are natural‐born citizens?
POLITICALLAW TEAM:
114 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
CITIZENSHIP
A:
Q: What are the grounds for loss of Philippine
GR: No.
citizenship?
XPN:
A: 1. Person’s citizenship is resolved by a court
1. Naturalization in a foreign country; or
or an administrative body as a material
issue in the controversy, after a full‐blown
2. Express renunciation of citizenship
hearing
(expatriation); or
‐
A: R.A. 9225
Retention and also known as the
Re‐acquisition Act “Citizenship
of 2003,” iii. Appointive
and Public
swear to Office
an oath subscribe
of allegiance
approved on August 29, 2003 provides that, upon to the Republic of the Philippines
taking the oath of allegiance to the Republic: and its duly constituted authorities
prior to their assumption of
POLITICALLAW TEAM:
116 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
CITIZENSHIP
office: Provided, That they Philippines, but also to explicitly renounce their
renounce their oath of allegiance foreign citizenship if they wish to run for elective
to the country where they took posts in the Philippines. To qualify as a candidate
that oath; in Philippine elections, Filipinos must only have
one citizenship, namely, Philippine citizenship.
Note: That right to vote or be elected or
appointed to any public office in the The oath of allegiance contained in the Certificate
Philippines cannot be exercised by, or of Candidacy, does not constitute the personal
extended to, those who: and sworn renunciation sought under Section 5(2)
a. are candidates for or are of R.A. No. 9225. It bears to emphasize that the
occupying any public office in the said oath of allegiance is a general requirement
country of which they are
for all those who wish to run as candidates in
naturalized citizens; and/or
Philippine elections; while the renunciation of
b. are in active service as
commissioned or non‐ foreign citizenship is an additional requisite only
for those who have retained or reacquired
commissioned officers in the
armed forces of the country which Philippine citizenship under R.A. No. 9225 and
they are naturalized citizens.(R.A. who seek elective public posts, considering their
9225) special circumstance of having more than one
citizenship. (Jacot v. Dal, G.R. No. 179848, Nov.27,
iv. Practice of profession: apply with the 2008)
proper authority for a license or
permit to engage in such practice Q: “A” is a naturalizedcitizen of another country
(R.A. 9225). who reacquiresFilipino citizenship.On the other
hand, “B” possesses dual citizenshipby birth. If
Q: Are persons possessing dual citizenship by they desire to run for electivepublic office, what
virtue of birth barred from running for public requirementmust they comply as regards their
office? citizenship?
A: No, the fact that a person has dual citizenship A: A must comply with the requirements set in
does not disqualify him from running for public R.A 9225. Sec 5(3) of R.A. 9225 states that
office. (Cordora v. COMELEC, G.R. No. 176947, naturalized citizens who reacquire Filipino
Feb. 19, 2009) citizenship and desire to run for public office shall
“…make a personal and sworn renunciation of
Q: A, a his
reacquire naturalized
PhilippineUS citizen, He
citizenship. sought to
took his any and all foreign citizenship before any public
officer authorized to administer an oath” aside
oath of allegiance to the Republic of the from the oath of allegiance prescribed in Section
Philippinesbefore the Vice Consul. He then ran 3 of R.A. 9225.
and won as Vice Mayor of a municipality.The
COMELEC, however, disqualified him on the B need not comply with the twin requirements of
ground that he failed to renounce his US swearing an oath of allegiance and executing a
citizenship. renunciation of foreign citizenship because he is a
natural‐born Filipino who did not subsequently
Is A disqualifiedfrom running as a candidate in become a naturalized citizen of another country.
the local elections for his failure to make a It is sufficed, if upon the filing of his certificate of
personal and sworn renunciation of his US candidacy, he elects Philippine citizenship to
citizenship? terminate his status as person with dual
citizenship considering that his condition in the
A: Yes. Section 5(2) of R.A. 9225 (on the making unavoidable consequence of conflicting laws of
of a personal and sworn renunciation of any and different States. (Cordora v. COMELEC, G.R. No.
all foreign citizenship) requires the Filipinos 176947, Feb. 19, 2009)
availing themselves of the benefits under the said
Act to accomplish an undertaking other than that
which they have presumably complied with under
Section 3 thereof (oath of allegiance to the
Republic of the Philippines). There is little doubt,
therefore, that the intent of the legislators was
not only for Filipinos reacquiring or retaining their
Philippine citizenship under R.A. 9225 to take
their oath of allegiance to the Republic of the