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UP 2020 - Poli Reviewer
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U.P. LAW BOC CONSTITUTIONAL LAW I POLITICAL LAW
SIMON4321
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TABLE OF CONTENTS
CONSTITUTIONAL LAW I
POLITICAL LAW
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The Supremacy of the Constitution and the affects substantial provisions of the constitution
Role of the Courts [Id.].
The Constitution is the fundamental law of the
land to which every statute must conform; laws, Difference: Revision generally affects several
statutes, or treaties may be nullified if in conflict provisions of the constitution, while
with the Constitution [Gatmaytan, Legal amendment generally affects only the specific
Method Essentials 3.0 (2017)]. provision being amended [Id.]. This distinction
is significant because the 1987 Constitution
Branches of the government must discharge allows people’s initiative only for the purpose of
their functions within the limits of authority amending, not revising, the Constitution [See
conferred by the Constitution; Courts have the Lambino v. COMELEC, supra].
duty to ensure this is so.
Legal Tests
Lambino considered the two-part test: the
B. PARTS OF A quantitative test and the qualitative test.
a. Quantitative test: The court examines
CONSTITUTION only the number of provisions affected
and does not consider the degree of
1. Constitution of Government: establishes the change.
the structure of government, its branches b. Qualitative test: The court inquires
and their operation; e.g. Art. VI, VII, VIII, IX into the qualitative effects of the
2. Constitution of Sovereignty: Provides proposed change in the constitution.
how the Constitution may be changed; i.e. The main inquiry is whether the change
Art. XVII will “accomplish such far reaching
3. Constitution of Liberty: states the changes in the nature of our basic
fundamental rights of the people; e.g. Art. governmental plan as to amount to a
III [Lambino v. COMELEC, G.R. No. revision.” The changes include those to
174153. October 25, 2006] the “fundamental framework or the
fundamental powers of its Branches,”
and those that “jeopardize the
C. AMENDMENTS AND traditional form of government and the
REVISIONS system of check and balances.”
Whether there is an alteration in the
Refer to ART. XVIII – AMENDMENTS OR
structure of government is a proper
REVISIONS
subject of inquiry [Lambino v.
COMELEC, supra].
Amendments: An addition or change within
the lines of the original constitution as will effect
Procedure
an improvement, or better carry out the
There are two steps in the amendatory
purpose for which it was framed; a change that
process:
adds, reduces or deletes without altering the
a. Proposal: This refers to the adoption
basic principles involved; affects only the
specific provision being amended [Lambino v. of the suggested change in the
Constitution.
COMELEC, supra].
1. Congress (as a Constituent
Assembly) – a vote of 3/4 of ALL its
Revisions: A change that alters a basic
principle in the constitution, like altering the members.
2. Constitutional Convention –
principle of separation of powers or the system
Called into existence by (i) 2/3 of all
of checks-and- balances; alters the substantial
members of Congress OR (ii) the
entirety of the constitution, as when the change
electorate, in a referendum called
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for by a majority of all members of Note: The process of revision is the same in all
Congress [Sec. 3, Art. XVII] respects except that it cannot be proposed via
3. People (through a People’s a People’s Initiative [See Lambino v.
Initiative) – petition of at least 12% COMELEC, supra].
of the total number of registered
voters; every legislative district Judicial Review of Amendments: The
must be represented by at least 3% validity of the process of amendment is not a
of the registered voters therein political question because the Court must
i. Limitation on Initiative: No review if constitutional processes were
amendment in this manner followed [See Lambino v. COMELEC, supra].
shall be authorized (1) within
5 years following the TWO STAGES OF
ratification of the 1987 Const. AMENDATORY/REVISION PROCESS
nor (2) more often than once
By Proposal Ratification
every 5 years thereafter.
ii. Enabling Law:
Constitutional provision on Congress By a vote Via
(as Consti- of ¾ of all Plebiscite,
amendments via People’s
tuent its 60-90 days
Initiative are not self- Assembly) members after
executory [Defensor- submission of
Santiago v. COMELEC, 270 Constitu- Per the
SCRA 170 (1997)] tional internal amendments
Conven- rules,
tion limited by
b. Ratification: The Proposed Amendments
the
shall be submitted to the people and shall be Doctrine of
deemed ratified by the majority of the votes Amend- Proper
cast in a plebiscite, held not earlier than 60 ments Submis-
days nor later than 90 days: sion
1. After approval of the proposal by
People’s Upon
Congress or ConCon;
Initiative COME-
2. After certification by the COMELEC of LEC’s
sufficiency of petition of the people. certifica-
tion of the
Doctrine of Proper Submission sufficiency
A plebiscite may be held on the same day as a of the
petition
regular election [Gonzales v. COMELEC, G.R.
No. L-28196 (1967)]. The entire Constitution
must be submitted for ratification at one Congress By a vote Via
plebiscite only. The people must have a proper as Consti- of ¾ of all Plebiscite,
“frame of reference” [J. Barredo’s Dissent in tuent its 60-90 days
Assembly members after
Tolentino v. COMELEC, G.R. No. L-34150 submission of
(1971)]. No “piecemeal submission” is allowed Constitu- Per the revision
e.g. submission of age amendment ahead of tional internal
other proposed amendments [Lambino v. Revision Conven- rules,
COMELEC, supra]. tion limited by
the
Doctrine of
Proper
Submis-
sion
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CONSTITUTIONAL LAW I
POLITICAL LAW
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Mitra v. COMELEC (1973 Petitioners argue that the 1973 Even without valid ratification, a new
Constitution) Constitution never validly took effect, Constitution could come into force
on the theory that the 1973 and effect by the acquiescence of the
Constitution was still and is still at the people. Popular acquiescence to a
stage of proposal. They ask the new Constitution gives the document
Court to order a plebiscite for the the force and effect of the
ratification of the 1973 Constitution Fundamental Law of the Land
regardless of the method of
ratification. If it is accepted by the
people (as shown in their
participation in several elections and
referenda since then), in whom
sovereignty resides according to the
Constitution, the Courts cannot
refuse to yield assent to such political
question
Lawyer’s League v. Aquino Petitioners question the legitimacy of The question of legitimacy of a new
(EDSA Revolution) the Aquino Government government arising from a
successful revolution is a political
question beyond review by the
Courts
De Leon v. Esguerra (1987 Petitioners question the appointment Date of effectivity of the 1987
Constitution ratified) of respondents as barangay officials Constitution retroacts to the date of
and maintain that with the ratification the plebiscite (Feb 2, 1987).
of the 1987 Constitution, the OIC did Provisional Constitution deemed to
not have authority to simply appoint have been superseded by 1987
their replacements Constitution on said date of
effectivity
Estrada v. Desierto (EDSA II) Estrada questions legitimacy of The Government arising from EDSA
Arroyo government and claims that I was extra-constitutional while
he did not resign from position and EDSA II was a constitutional
that Arroyo is merely an acting exercise of the right to free speech,
president freedom of assembly, and to petition
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Lambino v. COMELEC (Labino Petitioners seek review of The constituent power reserved to
Group People’s Initiative) COMELEC decision denying due people under Art. XVII Sec 2 is
course to a people’s initiative to limited to the power to propose
amend the 1987 Constitution amendments to, not revision of , the
Constitution
Moreover, “direct proposal by the
people” means that the petition
signed by the people should contain
full text of the proposed amendments
to the Constitution
Construction as a whole [Ut Res Magis Art. II, 1987 Constitution: Declaration of
Valeat Quam Pereat] — If there is Principles and State Policies
repugnance, Courts must harmonize them. - Sections 1-6: Binding rules which must be
This is on the theory that the document was observed in the conduct of government
prepared and intended as a consistent whole. [Bernas].
- Sections 7-28: Guidelines for the
Every part must be given effect — Court Orientation of the State [Bernas]
should avoid construction which renders any
provision meaningless or inoperative and must The Philippines is a Democratic and
lean in favor of construction rather than Republican State
idle/nugatory. Section 1: The Philippines is a democratic
and republican State. Sovereignty resides in
Conflicting provisions harmonized — If the people and all government authority
there is conflict between a general and a emanates from them.
specific provision, the special provisions must
prevail since it will be considered as a limitation
on the general rule. Where one provision The Philippines, under the 1987 Constitution,
cannot be considered an exception to another, is not just a representative government but also
and there is conflict, the last in order of time shares some aspects of direct democracy such
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as, for instance, the “initiative and referendum” 4. Pacta sunt servanda (international
under Art. VI, Sec. 32 [Bernas] agreements must be performed in good
faith)
Renunciation of War
The classical formulation in international law
Section 2. The Philippines renounces war as
sees those customary rules accepted as
an instrument of national policy, adopts the
binding result from the combination of two
generally accepted principles of international
law as part of the law of the land and adheres elements:
1. The established, widespread, and
to the policy of peace, equality, justice,
consistent practice on the part of States;
freedom, cooperation, and amity with all
and
nations.
2. A psychological element known as the
opinion juris sive necessitates (opinion as
Only refers to wars of aggression, not to law or necessity) [Mijares v. Rañada,
defensive war. G.R. No. 139325 (2005)].
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under criminal jurisdiction but not to civil death or injuries suffered by any
actions) [Arigo v. Swift]. person by reason of the defective
conditions of roads, streets, public
CONSENT TO BE SUED buildings and other public works under
their control and supervision [Art.
Express Consent 2189, CC].
Effected only by the will of the legislature 2. Vicarious liability for special agents
through the medium of a duly enacted statute; • The Government is only liable for the
may be embodied either in a general law or a acts of its agents, officers and
special law. employees, when they act as special
agents within the meaning of the
General Law provision [Art. 2180(6), CC].
Authorizes any person who meets the 3. Liability under the Local Government Code
conditions stated in the law to sue the 4. Local government units and their officials
government in accordance with the procedure are not exempt from liability for death or
in the law; e.g. injury to persons or damage to property
[Sec. 24, LGC].
a. Money claims arising from contract
express or implied Special Agent — One who receives a definite
Act No. 3083: An Act Defining the Conditions and fixed order or commission, foreign to the
under which the Government of the Philippines exercise of the duties of his office if he is a
may be sued. special official [Merritt v. Government of the
Philippine Islands, G.R. No. L- 11154(1916)].
Sec. 1. Subject to the provisions of this Act,
One who performs his regular functions, even
the Government of the Philippines hereby
if he is called a “special agent”, is not a special
consents and submits to be sued upon any
agent within the context of Government liability
moneyed claim involving liability arising from
[USA v. Guinto, G.R. No. 76607, (1990)].
contract, express or implied, which could
serve as a basis of civil action between
Special Law — May come in the form of a
private parties.
private bill authorizing a named individual to
bring suit on a special claim
Sec. 2. A person desiring to avail himself of
the privilege herein conferred must show that Implied consent
he has presented his claim to the a. In instances when the State takes private
Commission on Audit and that the latter did property for public use or purpose (eminent
not decide the same within two months from domain)
the date of its presentation. xxx b. When the State enters into a business
contract (in jure gestionis or proprietary
functions)
Sec. 5. When the Government of the c. When it would be inequitable for the State
Philippines is plaintiff in an action instituted to invoke its immunity.
in any court of original jurisdiction, the d. If the government files a complaint, the
defendant shall have the right to assert defendant may file a counterclaim against
therein, by way of set-off or counterclaim in a it. When the state files a complaint,
similar action between private parties. xxx suability will result only where the
government is claiming affirmative relief
from the defendant.
b. Torts
1. Liability of local government units Note: When the DOTC constructed the
● Provinces, cities and municipalities encroaching structures and subsequently
shall be liable for damages for the entered into the FLA with Digitel for their
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for (2) acts without authority or in excess of the effective operation of a policy adopted to
powers vested in him [Lansang v. CA, G.R. No. protect the public, or in those special cases
102667 (2000)]. where the interest of justice clearly required it.
Note: Acts done without authority are not acts Respondent had already acquired a vested
of the State (see Beyond Scope of Authority). right on the tax classification of its San Mig
Light as a new brand. To allow petitioner to
Exceptions to Prior Consent Rule change its position will result in deficiency
Jurisprudence provides these exceptions, assessments in substantial amounts against
when the State or public officer may be sued respondent to the latter's prejudice
without prior consent: [Commissioner of Internal Revenue v. San
1. To compel the State or public officer to do Miguel Corporation, G.R. Nos. 205045 &
an act required by law; 205723 (2017)].
2. To restrain the State or public officer from
enforcing an act claimed to be
unconstitutional
D. SEPARATION OF
3. To compel the payment of damages from POWERS
an already appropriated assurance fund or
to refund tax over-payments from a fund Ordains that each of the 3 branches of
already available for the purpose; government has exclusive cognizance of and
4. To secure a judgment that the officer is supreme in matters falling within its
impleaded may satisfy by himself without constitutionally allocated sphere; each branch
the State having to do a positive act to cannot invade the domain of others. Powers of
assist him; the government are separated to avoid
5. Where the government itself has violated concentration of powers in any one branch
its own laws [Sanders v. Veridiano II, G.R. [Gatmaytan].
No. L-46930 (1988)].
The government established by the
SCOPE OF CONSENT Constitution follows the theory of separation of
powers. Separation of powers is a fundamental
Consent to be sued is not a concession of principle in our system of government and is
liability: Suability depends on the consent of founded on the belief that, by establishing
the state to be sued, and liability on the equilibrium among the three (3) power holders,
applicable law and the established facts. The harmony will result and power will not be
circumstance that a state is suable does not concentrated and tyranny will be avoided
necessarily mean that it is liable, but it can [Bernas]. Any system that is violative of the
never be held liable if it does not first consent principle of separation of powers is
to be sued. When the state does waive its unconstitutional and void [See Belgica v.
sovereign immunity, it is only giving the plaintiff Ochoa on the unconstitutionality of the PDAF].
the chance to prove that it is liable [United
States of America v. Guinto, 182 SCRA 644 The Philippine government is divided into three
(1990)]. (3) branches of government, namely:
1. Legislative
ESTOPPEL 2. Executive; and
General Rule: The State cannot be put in 3. Judiciary
estoppel by the mistakes or errors of its officials
or agents. [Republic v. Galeno, G.R. No. The principle of separation of powers ordains
215009 (2017)]. that each of the three government branches
has exclusive cognizance of and is supreme in
Exception: Estoppel may not be invoked concerns falling within its own constitutionally
where they would operate to defeat the allocated sphere. It intends to secure action, to
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forestall over-action, to prevent despotism, and (Administrative Code of 1987), to allow the
to promote efficiency internment of Marcos at the LNMB, which is a
land of the public domain devoted for national
While the separation of powers is not expressly military cemetery and military shrine purposes,
provided for in the Constitution, it obtains from President Duterte decided a question of policy
actual division in the Constitution (found in Sec. based on his wisdom that it shall promote
1 of Arts. VI, VII, and VIII). Each department national healing and forgiveness. There being
has exclusive cognizance of matters within its no taint of grave abuse of discretion, as
jurisdiction and is supreme within its own discussed below, President Duterte’s decision
sphere (see Angara v. Electoral Commission). on that political question is outside the ambit of
judicial review.
Political Question Doctrine
A question of which a resolution has been C. Forietrans Manufacturing Corporation v.
vested by the Constitution exclusively in the Davidoff Et Cia. SA, G.R. No. 197482 (2017)
people, or in which full discretionary authority The task of determining probable cause is
has been delegated to a co-equal branch of the lodged with the public prosecutor and
government (separation of powers) cannot be ultimately, the Secretary of Justice. Under the
decided upon by the Courts. doctrine of separation of powers, courts have
no right to directly decide matters over which
This is as opposed to a justiciable question full discretionary authority has been delegated
which deals with matters re: the law and its to the Executive Branch of the Government.
interpretation, not left to the wisdom of the
people. D. OCA v. Reyes, A.M. No. P-08- 2535 (2010)
The legislative power imposing policies
Application through laws is subject to the substantive and
constitutional limitations. It cannot limit the
A. Belgica v. Ochoa Court’s power to impose disciplinary actions
The Pork Barrel System violates the separation against erring justices, judges and court
of powers because it is a form of post- personnel. Neither should such policy be used
enactment authority in the implementation or to restrict the Court’s power to preserve and
enforcement of the budget. maintain the Judiciary’s honor, dignity and
1. The system permits legislative integrity and public confidence that can only be
encroachment upon the executive achieved by imposing strict and rigid standards
prerogative of implementing the law, by of decency and propriety governing the
giving individual legislators: (a) The power conduct of justices, judges and court
to determine projects after the General employees
Appropriations Act (GAA) is passed; and
(b) through congressional committees,
authority in the areas of fund release and
E. CHECKS AND
realignment, the system encroaches on the BALANCES
Executive’s power to implement the law.
2. Furthermore, identification of a project by a Corollary to Separation of Powers: Prevent
legislator being a mandatory requirement authority from being concentrated in one
before his PDAF can be tapped as a source branch. Each branch is supreme within their
of funds, his act becomes indispensable in own sphere
the entire budget execution process.
It does not follow from the fact that the three
B. Ocampo v. Enriquez, G.R. No. 225973 powers are to be kept separate and distinct that
(2016) the Constitution intended them to be absolutely
In the exercise of his powers under the unrestrained and independent of each other.
Constitution and the Executive Order No. 292 The Constitution has provided for an elaborate
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to which these citizens belong. The means branded or generic, is valid [Carlos Superdrug
employed in invoking the active Corporation v. DSWC et al. G.R. No. 166494,
participation of the private sector, in order (2007)].
to achieve the purpose or objective of the
law, is reasonably and directly related. 2. Eminent Domain
Also, the means employed to provide a fair,
just and quality health care to PWDs are Definition
reasonably related to its accomplishment, The right of eminent domain is the ultimate right
and are not oppressive, considering that as a of the sovereign power to appropriate, not only
form of reimbursement, the discount extended the public but the private property of all citizens
to PWDs in the purchase of medicine can be within the territorial sovereignty, to public
claimed by the establishments as allowable tax purpose [Republic v. Heirs of Borbon, G.R. No.
deductions pursuant to Section 32 of R.A. No. 165354 (2015)].
9442 as implemented in Section 4 of DOF
Revenue Regulations No. 1-2009. Otherwise Scope and Limitations
stated, the discount reduces taxable income The exercise of such right is not unlimited, for
upon which the tax liability of the two mandatory requirements should underlie
establishments is computed [Drugstores the Government’s exercise of the power of
Association of the Philippines, Inc. v. National eminent domain, namely:
Council on Disability Affairs, G.R. No. 194561, (1) that it is for a particular public purpose; and
(2016)]. (2) that just compensation be paid to the
property owner [Mactan-Cebu International
Exercise of Police Power is subject to Airport Authority v. Lozada, Sr., G.R. No.
judicial inquiry 176625 (2010)].
Legislature’s determination as to what is a
proper exercise of its police powers is not final The power of eminent domain is the inherent
or conclusive, but is subject to the supervision right of the State to condemn private property
of the court [US v. Toribio, G.R. No. L-5060 to public use upon payment of just
(1910)]. compensation.
However, courts cannot delimit beforehand the It is well settled that eminent domain is an
extent or scope of the police power, since they inherent power of the State that need not be
cannot foresee the needs and demands of granted even by the fundamental law. Sec. 9,
public interest and welfare. So it is that Art. III merely imposes a limit on the
Constitutions do not define the scope or extent government’s exercise of this power [Republic
of the police power of the State; what they do v. Tagle, G.R. No. 129079 (1998)].
is to set forth the limitations thereof. The most
important of these are the due process clause Who may Exercise Eminent Domain
and the equal protection clause [Ichong v. Generally: Legislature
Hernandez, supra]
Delegated (through charter):
Example of a Legitimate Exercise of Police 1. LGUs
Power 2. Other Government entities
RA 9257, the Expanded Senior Citizens Act of
2003, is a legitimate exercise of police power. The repository of eminent domain powers is
Administrative Order No. 177 issued by the the legislature, i.e. exercised through the
Department of Health, providing that the 20% enactment of laws. But power may be
discount privilege of senior citizens shall not be delegated to LGUs and other government
limited to the purchase of unbranded generic entities (via charter); still, the delegation must
medicine but shall extend to both prescription be by law [Manapat v. CA, G.R. No. 110478
and non-prescription medicine, whether (2007)].
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Requisites for the Valid Exercise of Eminent As long as the public has the right of use,
Domain whether exercised by one or many members of
1. Necessity public, a public advantage or public benefit
2. Private Property accrues sufficient to constitute a public use
3. Public Use [Manosca v. CA, G.R. No. 106440 (1995)].
4. Taking
5. Just Compensation 4. Taking
6. Due Process There is taking of property when the following
are present [Republic v. Castellvi, G.R. No. L-
1. Necessity 20620 (1974)]:
There must be a necessity which must be of 1. the expropriator must enter a private
public character [Manapat v. CA, supra]. property
2. the entrance into private property must be
Difference as to the exercising officer for more than a momentary period
a. If Congress exercises the power of eminent 3. the entry into the property should be under
domain, the question of necessity is a political warrant or color of legal authority
question. 4. the property must be devoted to a public
b. If a delegate exercises such power under a use
general authority, the question of necessity is a 5. the utilization of the property ousts the
justiciable question. owner and deprives him of all beneficial
c. If a delegate exercises such power under a enjoyment of the property
special authority for a special purpose, the
question of necessity is a political question Not an instance of taking
[Manapat v. CA, supra]. Imposition of restrictions on the use of property
to protect the public health safety or morals
2. Private Property from danger is not taking as there is no
General Rule: All private property capable of dedication to public use [Association of Small
ownership may be expropriated and it may Landowners in the Philippines, Inc. v. Sec. of
include public utility and services [Republic v. Agrarian Reform, G.R. No. 78742 (1989)].
PLDT, G.R. No. 18841, January 27, 1961].
5. Just Compensation
Exceptions Just compensation is defined as the full and fair
a. Money equivalent of the property taken from its owner
b. Choses in Action by the expropriator. The measure is not the
taker's gain, but the owner's loss. The word
Chose in Action "just" is used to intensify the meaning of the
It is a personal right not reduced into word "compensation" and to convey thereby
possession such as debts owed by another the idea that the equivalent to be rendered for
person; it is the right to recover a debt, the property to be taken shall be real,
demand, or damages on a cause of action ex substantial, full, and ample [National
contractu or for a tort or omission of a duty. Transmission Corporation v. Oroville
[Black’s Law Dictionary]. Development Corporation, G.R. No. 223366
(2017)].
3. Public Use
Public use includes not only use directly Determination of Just Compensation
available to the public but also those which General Rule: Computed at the time of the
redound to their indirect benefit [Heirs of filing of the complaint for expropriation (Sec. 4,
Ardona v. Reyes, G.R. Nos. L-60549, 60553- Rule 67, ROC)
55 (1983)].
Exception: At the time of taking, when taking
precedes filing of the complaint.
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It is also important to note that inflation will not Lifeblood theory and Necessity theory
be considered in determining what the value is Taxes are the lifeblood of the government, for
[Nepomuceno v CA, G.R. No. 166246 (2008)]. without taxes, the government can neither exist
nor endure. A principal attribute of
Determination of Just Compensation is a sovereignty, the exercise of taxing power
Judicial Function derives its source from the very existence of
The determination of just compensation is a the state whose social contract with its citizens
judicial function. The executive or legislature obliges it to promote public interest and
may make the initial determination but when a common good. The theory behind the exercise
party claims a violation in the Bill of Rights, no of the power to tax emanates from
statute, decree, or executive order can necessity; without taxes, government cannot
mandate that its own determination shall fulfill its mandate of promoting the general
prevail over the court’s mandate [EPZA v. welfare and well-being of the people. [NPC v.
Dulay, G.R. No. L-59603, (1987)] Cabanatuan, G.R. No. 149110, (2003)]
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otherwise, the State’s power to legislate for the the requisites for valid classification are met
public welfare might be seriously curtailed. [Ormoc Sugar v. Treasurer of Ormoc, G.R. No.
(4) Taxes should be uniform and equitable L- 23793 (1968)].
[Sec. 28(1), Art. VI]
b. Tax Exemptions
Judicial review for unconscionable and No law granting any tax exemption shall be
unjust tax amounting to confiscation of passed without the concurrence of a majority of
property all the Members of Congress [Sec. 28 (4), Art.
The legislature has discretion to determine the VI].
nature, object, extent, coverage, and situs of
taxation. But where a tax measure becomes so There is no vested right in a tax exemption.
unconscionable and unjust as to amount to Being a mere statutory privilege, a tax
confiscation of property, courts will not hesitate exemption may be modified or withdrawn at will
to strike it down; the power to tax cannot by the granting authority [Republic v. Caguioa,
override constitutional prescriptions. [Tan v. del G.R. No. 168584 (2007)].
Rosario, G.R. No. 109289 (1994)]
Exemptions may either be constitutional or
Specific Limitations statutory:
a. Uniformity of taxation 1. Constitutional exemptions [Sec. 28(3), Art.
General Rule: Simply geographical uniformity, VI]
meaning it operates with the same force and 2. If statutory, it has to have been passed by
effect in every place where the subject of it is majority of all the members of Congress [Sec.
found 28 (4), Art. VI]
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Rule, and is only applicable to elective the “en masse Filipinization” that the Philippine
positions, not appointive ones Bill had effected in 1902 (Tecson v.
[Chiongbian v. de Leon, G.R. No. L- COMELEC, GR No. 161434, March 3, 2004].
2007, January 3, 1949];
c. Those whose mothers are citizens of Are foundlings natural-born citizens?
the Philippines and, upon reaching the Yes. As a matter of law, foundlings are, as a
age of majority, elect Philippine class, natural-born citizens. The presumption
citizenship; of natural-born citizenship of foundlings stems
d. Those who are naturalized in from the presumption that their parents are
accordance with law [Sec. 1, Art. IV]. nationals of the Philippines. While the 1935
Constitution’s enumeration is silent as to
The following persons were citizens of the foundlings, there is no restrictive language
Philippines on May 14, 1935 – the date of the which would definitely exclude foundlings
adoption of the 1935 Constitution: either. No such intent or language permits
1. Persons born in the Philippine Islands who discrimination against foundlings. On the
resided therein on April 11, 1899 and were contrary, all three Constitutions (1935, 1973,
Spanish subjects on that date, unless they 1987) guarantee the basic right to equal
had lost their Philippine citizenship on or protection of the laws. All exhort the State to
before May 14, 1935; render social justice [Poe-Llamanzares v.
2. Natives of the Spanish Peninsula who COMELEC, G.R. No. 221697 (2016)].
resided in the Philippines on April 11, 1899,
and who did not declare their intention of Application
preserving their Spanish nationality To illustrate, If X was born and elected before
between that date and October 11, 1900, 17 January 1973, his status under the 1973
unless they had lost their Philippine and 1987 Constitutions is that of a natural-born
citizenship on or before May 14, 1935; citizen, because although he had to perform an
3. Naturalized citizens of Spain who resided act to perfect his citizenship, he could not
in the Philippines on April 11, 1899, and did otherwise be classified since there was no
not declare their intention to preserve their definition of natural-born citizens in the 1935
Spanish nationality within the prescribed Constitution.
period (up to October 11, 1900);
4. Children born of (1), (2) and (3) subsequent If X was born before and elected after 17
to April 11, 1899, unless they lost their January 1973, whether before or after 2
Philippine citizenship on or before May 14, February 1987, he was not a natural-born
1935; and citizen under the 1973 Constitution, because
5. Persons who became naturalized citizens he had to perform an act to be a citizen. If not
of the Philippines in accordance with for the provision in the 1987 Constitution, he
naturalization law since its enactment on would not have been deemed a natural-born
March 26, 1920. citizen either.
“xxx. Any conclusion on the Filipino citizenship Case A: A Filipino woman married B, an
of Lorenzo Poe could only be drawn from the American in 1961. The marriage made A an
presumption that having died in 1954 at 84 American citizen (which under CA 63, stripped
years old, Lorenzo would have been born her of her Philippine citizenship, the marriage
sometime in the year 1870, when the having been celebrated before 17 January
Philippines was under Spanish rule, and that 1973). A and B lived in the US since then and
San Carlos, Pangasinan, his place of in 1962, begot C, who was automatically an
residence upon his death in 1954, in the American citizen by jus soli and jus sanguinis.
absence of any other evidence, could have well In 1983, when C turns 21, can he elect
been his place of residence before death, such Philippine citizenship?
that Lorenzo Poe would have benefited from
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Yes, according to obiters in Cu v Republic and Philippine history, government and civics
Villahermosa v CID, in order to elect Philippine are taught or prescribed as part of the
citizenship, at least for election purposes, it is school curriculum, during the entire period
enough that (1) the person's mother was a of the residence in the Philippines required
Filipino at the time of her marriage to the alien of him.
father, even if she subsequently lose her
citizenship by virtue of the marriage and (2) the Special Qualifications [Sec. 3, C.A. 473] –
person be a child of that marriage, for him to ANY will result to reduction of the 10-year
elect Philippine citizenship. period to 5 years
a. Having honorably held office under the
If C wants to run for Congress, is he considered Government of the Philippines or under
a natural born Filipino? Under the 1973 that of any of the provinces, cities,
Constitution, no. But under the 1987 municipalities, or political subdivisions
Constitution, yes. thereof;
b. Established a new industry or introduced a
Note: If he were born after 17 January 1973, useful invention in the Philippines;
the child would not even be a Filipino. You can c. Married to a Filipino woman;
only be a Filipino if you are born to a Filipino d. Engaged as a teacher in the Philippines in
mother or father (Sec. 2 par. 2). a public or recognized private school not
established for the exclusive instruction of
children of persons of a particular
C. WHO CAN BE CITIZENS nationality or race, in any of the branches
of education or industry for a period of 2
years or more; or
Naturalization [CA 473] e. Born in the Philippines.
Process by which a foreigner is adopted by the
country and clothed with the privileges of a Disqualifications [Sec. 4, C.A. 473]
native-born citizen. The applicant must prove a. Persons opposed to organized government
that he has all of the qualifications and none of or affiliated with groups who uphold and
the disqualifications for citizenship. teach doctrines opposing all organized
governments;
Qualifications [Sec. 2, C.A. 473] b. Persons defending or teaching the
a. Not less than twenty-one years of age on necessity or propriety of violence, personal
the day of the hearing of the petition; assault, or assassination for the success of
b. Resided in the Philippines for a continuous their ideas;
period of 10 years or more; c. Polygamists or believers in polygamy;
c. Of good moral character; believes in the d. Persons convicted of crimes involving
principles underlying the Philippine moral turpitude;
Constitution; conducted himself in a proper f. Persons suffering from mental alienation or
and irreproachable manner during the incurable contagious diseases;
entire period of his residence towards the g. Persons who during the period of their stay,
government and community have not mingled socially with the Filipinos,
d. Must own real estate in the Philippines or who have not evinced a sincere desire
worth P5,000 or more OR must have to learn and embrace the customs,
lucrative trade, profession, or lawful traditions, and ideals of the Filipinos;
occupation; h. Citizens or subjects of nations with whom
e. Able to speak or write English or Spanish the Philippines is at war; or
or anyone of the principal languages; and i. Citizens or subjects of a foreign country
f. Enrolled his minor children of school age in other than the United States, whose laws
any of the recognized schools where do not grant Filipinos the right to become
naturalized citizens or subject thereof.
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2. Judicial naturalization pursuant to CA 437; child elected Philippine citizenship. The 1935
and Charter only provides that the election should
3. Legislative naturalization in the form of a be made “upon reaching the age of majority.”
law enacted by Congress granting The age of majority then commenced upon
Philippine citizenship to an alien [So, v. reaching 21 years. In the opinions of the
Republic, GR No.170603, January 29, Secretary of Justice on cases involving the
2007]. validity of election of Philippine citizenship, this
dilemma is resolved by basing the time period
Derivative Naturalization on the decisions of this Court prior to the
Under this provision, foreign women who are effectivity of the 1935 Constitution.
married to Philippine citizens may be deemed
ipso facto Philippine citizens and it is neither In these decisions, the proper period for
necessary for them to prove that they possess electing Philippine citizenship, should be made
other qualifications for naturalization at the time within “reasonable time” after attaining the age
of their marriage nor do they have to submit of majority. This phrase “reasonable time” has
themselves to judicial naturalization [Republic been interpreted to mean the election should
v. Batuigas, G.R. No. 183110 (2013)]. be made within three years from reaching the
age of majority [Re: Application for Admission
Pursuant to the principle of derivative to the Philippine Bar, Vicente D. Ching, Bar
naturalization, Section 15 of CA 437, extends Matter No. 914, October 1, 1999].
the grant of Philippine citizenship to the minor
children of those naturalized thereunder. Eligibility under the Administrative
Naturalization Law; Rationale
The following are requisites should be applied RA 9139 is an act providing for the acquisition
to the minor children in order to be entitled to of Philippine citizenship for 1) aliens born in the
Philippine citizenship: Philippines and 2) residing therein since birth
1. They are legitimate children of petitioner by administrative naturalization subject to
2. They were born in the Philippines, and certain requirements dictated by national
3. They were still minors when petitioner was security and interest. RA 9139 was enacted as
naturalized as Filipino citizen [Tan Co v. a remedial measure intended to make the
Civil Register of Manila, 423 SCRA 665]. process of acquiring Philippine citizenship less
tedious, less technical and more encouraging.
Election of Filipino Citizenship It also addresses the concerns of degree
The constitutional and statutory requirements holders who, by reason of lack of citizenship
of electing Filipino citizenship apply only to requirement, cannot practice their profession,
legitimate children and not to one who was thus promoting "brain drain for the Philippines
concededly an illegitimate child, as her [So v. Republic, supra].
Chinese father and Filipino mother were never
married. Being an illegitimate child of a Filipino Qualifications prescribed under Act 473
mother, respondent is a Filipino since birth, NOT applicable to RA 9139
without having to elect Filipino citizenship when The qualifications and disqualifications of an
she reaches the age of majority [Republic v. applicant for naturalization by judicial act are
Lim, 420 SCRA 123, GR No. 153883, January set forth in Sections 2 and 4 of CA 473. On the
13, 2004]. other hand, Sections 3 and 4 of RA 9139
provide for the qualifications and
Reglementary Period disqualifications of an applicant for
Under Art. IV, Section 1(3) of the 1935 naturalization by administrative act.
Constitution, the citizenship of a legitimate
child born of a Filipino mother and an alien First, CA 473 and RA 9139 are separate and
father followed the citizenship of the father, distinct laws- the former covers all aliens
unless, upon reaching the age of majority, the regardless of class while the latter covers
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native-born aliens who lived here in the General Rule: Expatriation is a constitutional
Philippines all their lives, who never saw any right. No one can be compelled to remain a
other country and all along thought that they Filipino if he does not want to [Go Julian v.
were Filipinos; who have demonstrated love Government, G.R. No. 20809 (1923)].
and loyalty to the Philippines and affinity to Exception: A Filipino may not divest himself of
customs and traditions. Philippine citizenship in any manner while the
Republic of the Philippines is at war with any
Second, if the qualifications prescribed in RA country [C.A. 63, sec. 1(3)].
9139 would be made applicable even to judicial
naturalization, the coverage of the law would Loss of Philippine citizenship cannot be
be broadened since it would then apply even to presumed. Considering the fact that
aliens who are not native-born. admittedly, Osmeña was both a Filipino and an
American, the mere fact that he has a
Third, applying the provisions of RA 9139 to certificate stating that he is an American does
judicial naturalization is contrary to the not mean that he is not still a Filipino, since
intention of the legislature to liberalize the there has been NO EXPRESS renunciation of
naturalization procedure in the country (Ibid.). his Philippine citizenship [Aznar v. COMELEC,
G.R. No. 83820(1995)].
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c. Legislative Act: Both a mode of acquiring Philippines and its duly constituted
and reacquiring citizenship authorities prior to their assumption of
office: provided, that they renounce their
R.A. No. 9225 (CITIZENSHIP RETENTION oath of allegiance to the country where
AND REACQUISITION ACT OF 2003) they took that oath;
Sec. 3. Retention of Philippine Citizenship. — 4. Those intending to practice their profession
Any provision of law to the contrary in the Philippines shall apply with the
notwithstanding, natural-born citizens of the proper authority for a license or permit to
Philippines ❣who have lost their Philippine engage in such practice; and
citizenship by reason of their naturalization as 5. That right to vote or be elected or appointed
citizens of a foreign country are hereby to any public office in the Philippines
deemed to have reacquired Philippine cannot be exercised by, or extended to,
citizenship upon taking the following oath of those who:
allegiance to the Republic: xxx a. are candidates for or are occupying
Natural-born citizens of the Philippines who, any public office in the country of
after the effectivity of this Act, become citizens which they are naturalized citizens;
of a foreign country shall retain their Philippine and/or
citizenship upon taking the aforesaid oath. b. are in active service as
commissioned or non-
Sec. 4 Derivative Citizenship. — The commissioned officers in the
unmarried child, whether legitimate, illegitimate armed forces of the country in
or adopted, below eighteen (18) years of age, which they are naturalized citizens.
of those who re-acquire Philippine citizenship
upon effectivity of this Act shall be deemed Repatriation under RA 8171
citizens of the Philippines. RA No. 8171, which lapsed into law on October
23, 1995, is an act providing for the repatriation
Sec. 5. Civil and Political Rights and Liabilities. (a) of Filipino women who have lost their
— Those who retain or re-acquire Philippine Philippine citizenship by marriage to aliens and
citizenship under this Act shall enjoy full civil (b) of natural-born Filipinos who have lost their
and political rights and be subject to all Philippine citizenship on account of political or
attendant liabilities and responsibilities under economic necessity, including their minor
existing laws of the Philippines and the children [Angat v. Republic, GR No. 132244,
following conditions: September 14, 1999]. Included in the second
1. Those intending to exercise their right of group are minor children at the time of
suffrage must meet the requirements under repatriation and does not include one who is no
Sec. 1, Art. V of the Constitution, RA 9189, longer minor at the time of his repatriation or
otherwise known as "The Overseas one who lost his Philippine citizenship by
Absentee Voting Act of 2003" and other operation of law. The loss of Philippine
existing laws; citizenship must be on account of political or
2. Those seeking elective public office in the economic necessity and not by operation of law
Philippines shall meet the qualifications for such as derivative naturalization, or for the
holding such public office as required by purpose of avoiding deportation and
the Constitution and existing laws and, at prosecution in the US [Tabasa v. CA, 500
the time of the filing of the certificate of SCRA 9].
candidacy, make a personal and sworn
renunciation of any and all foreign Repatriation as a mode of reacquiring
citizenship before any public officer Philippine citizenship does not require the filing
authorized to administer an oath; of a petition in court. All that an applicant had
3. Those appointed to any public office shall to do is to take an oath of allegiance to the
subscribe and swear to an oath of Republic of the Philippines and registering said
allegiance to the Republic of the oath in the Local Civil Registry of the place
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2. Judicial naturalization pursuant to CA 437; child elected Philippine citizenship. The 1935
and Charter only provides that the election should
3. Legislative naturalization in the form of a be made “upon reaching the age of majority.”
law enacted by Congress granting The age of majority then commenced upon
Philippine citizenship to an alien [So, v. reaching 21 years. In the opinions of the
Republic, GR No.170603, January 29, Secretary of Justice on cases involving the
2007]. validity of election of Philippine citizenship, this
dilemma is resolved by basing the time period
Derivative Naturalization on the decisions of this Court prior to the
Under this provision, foreign women who are effectivity of the 1935 Constitution.
married to Philippine citizens may be deemed
ipso facto Philippine citizens and it is neither In these decisions, the proper period for
necessary for them to prove that they possess electing Philippine citizenship, should be made
other qualifications for naturalization at the time within “reasonable time” after attaining the age
of their marriage nor do they have to submit of majority. This phrase “reasonable time” has
themselves to judicial naturalization [Republic been interpreted to mean the election should
v. Batuigas, G.R. No. 183110 (2013)]. be made within three years from reaching the
age of majority [Re: Application for Admission
Pursuant to the principle of derivative to the Philippine Bar, Vicente D. Ching, Bar
naturalization, Section 15 of CA 437, extends Matter No. 914, October 1, 1999].
the grant of Philippine citizenship to the minor
children of those naturalized thereunder. Eligibility under the Administrative
Naturalization Law; Rationale
The following are requisites should be applied RA 9139 is an act providing for the acquisition
to the minor children in order to be entitled to of Philippine citizenship for 1) aliens born in the
Philippine citizenship: Philippines and 2) residing therein since birth
1. They are legitimate children of petitioner by administrative naturalization subject to
2. They were born in the Philippines, and certain requirements dictated by national
3. They were still minors when petitioner was security and interest. RA 9139 was enacted as
naturalized as Filipino citizen [Tan Co v. a remedial measure intended to make the
Civil Register of Manila, 423 SCRA 665]. process of acquiring Philippine citizenship less
tedious, less technical and more encouraging.
Election of Filipino Citizenship It also addresses the concerns of degree
The constitutional and statutory requirements holders who, by reason of lack of citizenship
of electing Filipino citizenship apply only to requirement, cannot practice their profession,
legitimate children and not to one who was thus promoting "brain drain for the Philippines
concededly an illegitimate child, as her [So v. Republic, supra].
Chinese father and Filipino mother were never
married. Being an illegitimate child of a Filipino Qualifications prescribed under Act 473
mother, respondent is a Filipino since birth, NOT applicable to RA 9139
without having to elect Filipino citizenship when The qualifications and disqualifications of an
she reaches the age of majority [Republic v. applicant for naturalization by judicial act are
Lim, 420 SCRA 123, GR No. 153883, January set forth in Sections 2 and 4 of CA 473. On the
13, 2004]. other hand, Sections 3 and 4 of RA 9139
provide for the qualifications and
Reglementary Period disqualifications of an applicant for
Under Art. IV, Section 1(3) of the 1935 naturalization by administrative act.
Constitution, the citizenship of a legitimate
child born of a Filipino mother and an alien First, CA 473 and RA 9139 are separate and
father followed the citizenship of the father, distinct laws- the former covers all aliens
unless, upon reaching the age of majority, the regardless of class while the latter covers
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native-born aliens who lived here in the General Rule: Expatriation is a constitutional
Philippines all their lives, who never saw any right. No one can be compelled to remain a
other country and all along thought that they Filipino if he does not want to [Go Julian v.
were Filipinos; who have demonstrated love Government, G.R. No. 20809 (1923)].
and loyalty to the Philippines and affinity to Exception: A Filipino may not divest himself of
customs and traditions. Philippine citizenship in any manner while the
Republic of the Philippines is at war with any
Second, if the qualifications prescribed in RA country [C.A. 63, sec. 1(3)].
9139 would be made applicable even to judicial
naturalization, the coverage of the law would Loss of Philippine citizenship cannot be
be broadened since it would then apply even to presumed. Considering the fact that
aliens who are not native-born. admittedly, Osmeña was both a Filipino and an
American, the mere fact that he has a
Third, applying the provisions of RA 9139 to certificate stating that he is an American does
judicial naturalization is contrary to the not mean that he is not still a Filipino, since
intention of the legislature to liberalize the there has been NO EXPRESS renunciation of
naturalization procedure in the country (Ibid.). his Philippine citizenship [Aznar v. COMELEC,
G.R. No. 83820(1995)].
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c. Legislative Act: Both a mode of acquiring Philippines and its duly constituted
and reacquiring citizenship authorities prior to their assumption of
office: provided, that they renounce their
R.A. No. 9225 (CITIZENSHIP RETENTION oath of allegiance to the country where
AND REACQUISITION ACT OF 2003) they took that oath;
Sec. 3. Retention of Philippine Citizenship. — 4. Those intending to practice their profession
Any provision of law to the contrary in the Philippines shall apply with the
notwithstanding, natural-born citizens of the proper authority for a license or permit to
Philippines ❣who have lost their Philippine engage in such practice; and
citizenship by reason of their naturalization as 5. That right to vote or be elected or appointed
citizens of a foreign country are hereby to any public office in the Philippines
deemed to have reacquired Philippine cannot be exercised by, or extended to,
citizenship upon taking the following oath of those who:
allegiance to the Republic: xxx a. are candidates for or are occupying
Natural-born citizens of the Philippines who, any public office in the country of
after the effectivity of this Act, become citizens which they are naturalized citizens;
of a foreign country shall retain their Philippine and/or
citizenship upon taking the aforesaid oath. b. are in active service as
commissioned or non-
Sec. 4 Derivative Citizenship. — The commissioned officers in the
unmarried child, whether legitimate, illegitimate armed forces of the country in
or adopted, below eighteen (18) years of age, which they are naturalized citizens.
of those who re-acquire Philippine citizenship
upon effectivity of this Act shall be deemed Repatriation under RA 8171
citizens of the Philippines. RA No. 8171, which lapsed into law on October
23, 1995, is an act providing for the repatriation
Sec. 5. Civil and Political Rights and Liabilities. (a) of Filipino women who have lost their
— Those who retain or re-acquire Philippine Philippine citizenship by marriage to aliens and
citizenship under this Act shall enjoy full civil (b) of natural-born Filipinos who have lost their
and political rights and be subject to all Philippine citizenship on account of political or
attendant liabilities and responsibilities under economic necessity, including their minor
existing laws of the Philippines and the children [Angat v. Republic, GR No. 132244,
following conditions: September 14, 1999]. Included in the second
1. Those intending to exercise their right of group are minor children at the time of
suffrage must meet the requirements under repatriation and does not include one who is no
Sec. 1, Art. V of the Constitution, RA 9189, longer minor at the time of his repatriation or
otherwise known as "The Overseas one who lost his Philippine citizenship by
Absentee Voting Act of 2003" and other operation of law. The loss of Philippine
existing laws; citizenship must be on account of political or
2. Those seeking elective public office in the economic necessity and not by operation of law
Philippines shall meet the qualifications for such as derivative naturalization, or for the
holding such public office as required by purpose of avoiding deportation and
the Constitution and existing laws and, at prosecution in the US [Tabasa v. CA, 500
the time of the filing of the certificate of SCRA 9].
candidacy, make a personal and sworn
renunciation of any and all foreign Repatriation as a mode of reacquiring
citizenship before any public officer Philippine citizenship does not require the filing
authorized to administer an oath; of a petition in court. All that an applicant had
3. Those appointed to any public office shall to do is to take an oath of allegiance to the
subscribe and swear to an oath of Republic of the Philippines and registering said
allegiance to the Republic of the oath in the Local Civil Registry of the place
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debate in the Congress or in any committee prohibition in Sec. 13, Art. VI [Liban v. Gordon,
thereof [Sec. 11, Art. VI]. G.R. No. 175352 (2009 & 2011); but note that
the structure of the PNRC is sui generis being
This means the Senator or Member of the neither strictly private nor public in nature].
House can still be questioned and held liable in
Congress. b. May not be appointed to any office
To come under the guarantee, the speech or created or whose emoluments were
debate must be one made "in Congress or in increased during the term for which
any committee thereof." Publication of an he was elected [Sec. 13, Art. VI]
allegedly libelous letter is not covered by the
privilege [Jimenez v. Cabangbang, G.R. No. L- Forbidden Office — One to which a member
15905 (1966)]. cannot be appointed even if he is willing to give
up his seat in Congress. The effect of his
What is covered under this provision? resignation from the Congress is the loss of his
Anything a member of Congress says in line seat therein but his disqualification for the
with his legislative functions (Jimenez v. forbidden office nevertheless remains.
Cabangbang, supra)
a. Speeches c. Shall not be financially interested,
b. Utterances directly or indirectly, in any contract
c. Bills signed with, or franchise or special
d. Votes passed privilege granted by the government
during his term of office [Sec. 14,
While the immunity of a Member of Congress Art. VI]
is absolute and thus even the Supreme Court
cannot discipline a lawyer-senator for remarks d. Shall not intervene in any matter
made against the court, it does not shield said before any office of the government
member from the authority of Congress to when it is for his pecuniary benefit
discipline its own members [Defensor-Santiago or where he may be called upon to
v. Pobre, A.C. No. 7399 (2009)]. act on account of his office [Sec. 14,
Art. VI]
2. Inhibitions and
The Pork Barrel System “runs afoul” of Sec. 14,
Disqualifications Art. VI, because in “allowing legislators to
intervene in the various phases of project
a. May not hold any other office or implementation – a matter before another
employment in the government office of government – [Pork Barrel] renders
during his term without forfeiting his them susceptible to taking undue advantage of
seat [Sec. 13, Art. VI] their own office” [Belgica, supra].
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stockholder was an indirect violation of this rule c. Amounts paid to/expenses incurred
and still unconstitutional [Puyat v. De Guzman by each member
Jr., G.R. No. L-51122 (1982)]
Sec. 20, Art. VI. The records and books of
3. Duty to Disclose accounts of the Congress shall be preserved
and be open to the public in accordance with
a. SALN law, and such books shall be audited by the
Commission on Audit which shall publish
Sec. 17, Art. XI. A public officer or employee annually an itemized list of amounts paid to
shall, upon assumption of office and as often and expenses incurred for each Member.
thereafter as may be required by law, submit
a declaration under oath of his assets,
liabilities, and net worth. In the case of the D. QUORUM AND VOTING
President, the Vice-President, the Members MAJORITIES
of the Cabinet, the Congress, the Supreme
Court, the Constitutional Commissions and
1. Quorum
other constitutional offices, and officers of
the armed forces with general or flag rank,
the declaration shall be disclosed to the Sec. 16(2), Art. VI. A majority of each House
public in the manner provided by law. shall constitute a quorum to do business, but
a smaller number may adjourn from day to
day and may compel the attendance of
When to disclose:
absent Members in such manner, and under
1. Within 30 days after assuming office
such penalties, as such House may provide.
2. On or before April 15 after the closing of the
calendar year
3. Upon expiration of term of office, resignation In computing a quorum, members who are
or separation from office outside the country, thus outside of each
House’s coercive jurisdiction, are not included.
Who must declare:
1. President “Majority” shall take into consideration the
2. Vice President number of members within the “jurisdiction” of
3. Members of the Cabinet the Congress (those it can order arrested for
4. Members of Congress the purpose of questioning). In Avelino v.
5. Members of the SC Cuenco [G.R. No. L-2821 (1949)], one Senator
6. Members of the Constitutional Commission was out of the Philippines which is not within
and other Constitutional Offices the “jurisdiction” of the Senate, so that the
7 Officers of the Armed Forces with general or working majority was 23 Senators. There is a
flag rank [Art XI, Sec 17] difference between a majority of "all members
of the House" and a majority of "the House",
b. Financial and Business Interests; the latter requiring less number than the first.
Potential Conflicts of Interest Therefore, an absolute majority (12) of all
members of the Senate less one (23)
constitutes a constitutional majority of the
Sec. 12, Art. VI. All Members of the Senate
Senate for the purpose of the quorum.
and the House of Representatives shall,
upon assumption of office, make a full
disclosure of their financial and business
interests. xxx
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2. Voting Majorities
in case of Art.
Doctrine of Shifting Majority: For each tie VII
House of Congress to pass a bill, only the votes
of the majority of those present in the session, Confirm Majority Separately Sec.
there being a quorum, is required. appointme 9,
nt of VP Art.
Exceptions to Doctrine of Shifting Majority: VII
A. Votes where requirement is based on “ALL
THE MEMBERS OF CONGRESS”: Congress 2/3 Congress
requirement is based on the entire affirming
composition of a House or Congress (in that the
its entirety), regardless of the number of President
Members present or absent is unable to
discharge
powers and
ACTION VOTES HOUSE BASI
duties
REQUI VOTING S
RED Revoke or Majority Jointly Sec.
(ALL extend (a) 18,
MEMB Martial Law Art.
ERS) or (b) the VII
suspension
Senate Majority Separately; Sec.
All
of the
shall elect 16
respective privilege of
its (1),
members the writ of
President Art.
Habeas
and the VI
Corpus
Speaker of
the House Amnesty Majority Silent Sec.
Grant 19(2)
Punish for 2/3 Separately; Sec.
All
, Art.
disorderly 16
respective VII
behavior (3),
and may members Art. Submit a Majority (Silent) Sec.
SUSPEND VI question of 3,
or EXPEL calling a Prevailing Art.
Const. view: by XVII
Override 2/3 Separately Sec.
(House Convention default,
Presidentia 27
where the to the houses
l Veto (1),
bill electorate vote
Art.
originated separately
VI Call for 2/3 Sec.
votes first) (because
Constitutio Congress is 3,
Grant Tax Majority Silent Sec. nal bicameral) Art.
Exemption 28 Convention XVII
s (4),
Art. Propose 3/4 Sec.
VII amendmen 1(1),
ts as Art.
Elect Majority Separately Sec. Constitutio XVII
President 4 (5),
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Each House may determine the rules of its Sec. 26, Art. VI.
proceedings, punish its Members for disorderly (1) Every bill passed by the Congress shall
behavior, and, with the concurrence of two- embrace only one subject which shall be
thirds of all its Members, suspend or expel a expressed in the title thereof. xxx
Member. A penalty of suspension, when
imposed, shall not exceed sixty days [Sec. 16 One Subject One Title Rule
(3), Art. VI]. 1. To prevent hodge-podge, "log-rolling", or
the smuggling in of "riders", that is, "any act
Each house may punish its members for containing several subjects dealing with
disorderly behavior, and with the concurrence unrelated matters representing diverse
of 2/3 of ALL its members, with: [SED-FIC] interests.
• Suspension 2. To prevent surprise or fraud upon the
• Expulsion legislature
3. To fairly apprise the people of the subjects
Other measures: of legislation that are being considered in
• Deletion of unparliamentary remarks from order that they may have the opportunity of
the record being heard thereon, by petition or
• Fine otherwise, if they should so desire.
• Imprisonment 4. But the title need not be a complete
• Censure catalogue of a bill. In any case, a title must
not be "so uncertain that the average
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Sec. 25, Art. VI. Sec. 29, Art. VI. (1) No money shall be paid
(1) The Congress may not increase the out of the Treasury except in pursuance of
appropriations recommended by the an appropriation made by law.
President for the operation of the
Government as specified in the budget. The
Procedure for Passage of Bills
form, content, and manner of preparation of
the budget shall be prescribed by law. Sec. 27, Art. VI
(2) No provision or enactment shall be (1) Every bill passed by the Congress shall,
embraced in the general appropriations bill before it becomes a law, be presented to the
unless it relates specifically to some President. If he approves the same, he shall
particular appropriation therein. Any such sign it; otherwise,he shall veto it and return
provision or enactment shall be limited in its the same with his objections to the House
operation to the appropriation to which it where it originated, which shall enter the
relates. (3) The procedure in approving objections at large in its Journal and proceed
appropriations for the Congress shall strictly to reconsider it. If, after such
follow the procedure for approving reconsideration, two-thirds of all the
appropriations for other departments and Members of such House shall agree to pass
agencies. the bill, it shall be sent, together with the
(4) A special appropriations bill shall objections, to the other House by which it
specify the purpose for which it is intended, shall likewise be reconsidered, and if
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○ On
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Effectivity of Laws
Sec. 26, Art. VI Art. 2, Civil Code. Laws shall take effect
(2) No bill passed by either House shall after fifteen days following the completion of
become a law unless it has passed three their publication in the Official Gazette,
readings on separate days, and printed unless it is otherwise provided. This Code
copies thereof in its final form have been shall take effect one year after such
distributed to its Members three days before publication.
its passage, except when the President
certifies to the necessity of its immediate
Tanada v. Tuvera [G.R. No. L-63915 (1985)]:
enactment to meet a public calamity or
Even when the law provides its own date of
emergency. Upon the last reading of a bill,
effectivity, the publication requirement is
no amendment thereto shall be allowed, and
mandatory, in order that a law may become
the vote thereon shall be taken immediately
effective. The object of the publication
thereafter, and the yeas and nays entered in
requirement is to give the general public
the Journal.
adequate notice of the various laws which are
to regulate their actions and conduct—without
The President’s Veto Power publication, there would be no basis for the
Section 27, Article VI defines the only way for application of the maxim, “ignorantia legis non
the President to veto a bill. excusat.” The publication requirement is a
requirement of due process.
When the President vetoes a measure, he
should return the measure to the House of Limitations on Legislative Power
origin, indicating his objections thereto in what Formal/Procedural Limitations
is commonly known as a veto message so that 1. Prescribes the manner of passing bills and
the same may be studied by the members for the form they should take.
possible overriding of his veto.
Rider clause: Every bill passed by the
General rule: The President must approve a Congress shall embrace only one subject,
bill in its entirety or disapprove it in toto. which shall be expressed in the title [Sec.
26(1), Art. VI].
Exception: The exception applies to 2. The title is not required to be an index of
appropriation, revenue and tariff bills, any the contents of the bill. It is sufficient
particular item or items of which may be compliance if the title expresses: (1) the
disapproved without affecting the item or items general subject; and (2) all the provisions
to which he does not object. of the statute are germane to that subject
[Tio v. Videogram Regulatory Commission,
To override the President’s veto, at least ⅔ of 151 SCRA 208 (1987)].
ALL members of each house must agree to 3. No bill passed by either house shall
pass the bill. In such case, the veto is become law unless it has passed three (3)
overridden and the bill becomes law without readings on separate days [Sec. 26(2), Art.
need of presidential approval. VI].
4. Printed copies in its final form must have
Doctrine of inappropriate provision been distributed
A provision that is constitutionally inappropriate
for an appropriation bill may be singled out for Exception: When the President certifies to the
veto even if it is not an appropriation or revenue necessity of its immediate enactment to meet a
item. public calamity or emergency.
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Composition Rules
G. ELECTORAL TRIBUNALS AND 1. The ET shall be constituted within 30 days
THE COMMISSION ON after the Senate and the House shall have
APPOINTMENTS been organized with the election of the
President and the Speaker [Sec. 19, Art.
Electoral Tribunals VI].
Sec. 17, Art. VI. The Senate and the House 2. Members chosen enjoy security of tenure
of Representatives shall each have an and cannot be removed by mere temporary
Electoral Tribunal which shall be the sole change of party affiliation [Bondoc v.
judge of all contests relating to the election, Pineda, G.R. No. 97710 (1991)].
returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be Valid grounds/just cause for termination of
composed of nine Members, three of whom membership to the tribunal:
shall be Justices of the Supreme Court to be 1. Expiration of Congressional term of office;
designated by the Chief Justice, and the 2. Death or permanent disability;
remaining six shall be Members of the 3. Resignation from political party which one
Senate or the House of Representatives, as represents in the tribunal;
the case may be, who shall be chosen on the 4. Removal from office for other valid
basis of proportional representation from the reasons.
political parties and the parties or
organizations registered under the party-list Note: Disloyalty to party and breach of party
system represented therein. The senior discipline are not valid grounds for the
Justice in the Electoral Tribunal shall be its expulsion of a member of the tribunal [Bondoc
Chairman. v. Pineda, supra].
Two Types
1. Senate Electoral Tribunal (SET)
1. Nature
2. House Electoral Tribunal (HRET)
Jurisdiction: Sole judge of all contests relating
to the election, returns, and qualifications of
Note: There is a Presidential Electoral Tribunal their respective members.
(PET), but it is governed by different
provisions. When does it acquire jurisdiction:
● ET has jurisdiction only (1) when there is
The tribunals which have jurisdiction over the an election contest, and (2) only after the
question of the qualifications of the President, proclamation of a candidate [Lazatin v.
the Vice-President, Senators and the Members HRET, G.R. No. 84297(1988)].
of the House of Representatives was made ● In the absence of an election contest, and
clear by the Constitution. [Poe-Llamanzares v. before proclamation, jurisdiction remains
COMELEC, G.R. No. 221697 (2016)]. with COMELEC [Id.]. But the proclamation
of a congressional candidate following the
election divests the COMELEC of
jurisdiction over the proclaimed
representative in favor of the HRET
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[Tañada v. COMELEC, G.R. No. 207199 members. By employing the word “sole,” the
(2013)]. Constitution is emphatic that the jurisdiction of
● But see Ongsiako-Reyes v. COMELEC the HRET in the adjudication of election
[G.R. No. 207264 (2013)] where the Court contests involving its members is exclusive and
held that an Electoral Tribunal acquires exhaustive. Its exercise of power is intended to
jurisdiction only after (1) a petition is filed be its own — full, complete and unimpaired
before it, and (2) a candidate is already [Duenas, Jr. v. HRET, G.R. No. 185401
considered a member of the House. (2009)].
● To be considered a member, in turn, there
must be a concurrence of the following: (1) Commission On Appointments
a valid proclamation; (2) a proper oath (a)
Sec. 18, Art. VI. There shall be a
before the Speaker and (b) in open
Commission on Appointments consisting of
session; and (3) assumption of office [Id.].
the President of the Senate, as ex officio
○ The Court in Ongsiako-Reyes
Chairman, twelve Senators, and twelve
clarified the doctrine that once a
Members of the House of Representatives,
proclamation has been made,
elected by each House on the basis of
COMELEC’s jurisdiction is already
proportional representation from the political
lost and the HRET’s own
parties and parties or organizations
jurisdiction begins only applies in
registered under the party-list system
the context of a candidate who has
represented therein. The chairman of the
not only been proclaimed and
Commission shall not vote, except in case of
sworn in, but has also assumed
a tie. The Commission shall act on all
office [Id.].
appointments submitted to it within thirty
session days of the Congress from their
Election Contest
submission. The Commission shall rule by a
One where a defeated candidate challenges
majority vote of all the Members.
the qualification and claims for himself the seat
of a proclaimed winner.
Composition
Independence of the Electoral Tribunals a. Senate President as ex-officio chairman
● Since the ET’s are independent (shall not vote except in case of a tie)
constitutional bodies, independent even of b. 12 Senators
the respective House, neither Congress c. 12 Members of the HOR
nor the Courts may interfere with
procedural matters relating to the functions Rule on Proportional Representation
of the ET’s. [Macalintal v. Presidential The 12 Senators and 12 Representatives are
Electoral Tribunal, G.R. No. 191618, Nov. elected on the basis of proportional
23, 2010] representation from the political parties and
party-list organizations.
2. Powers
The HOR has authority to change its
representation in the Commission on
The power granted to HRET by the
Appointments to reflect at any time the
Constitution is intended to be as complete and
changes that may transpire in the political
unimpaired as if it had remained originally in
alignments of its membership. It is understood
the legislature [Co v. HRET, G.R. Nos. 92191-
that such changes in membership must be
92(1991), citing Angara v. Electoral
permanent xxx [Daza v. Singson, G.R. No.
Commission, supra].
86344(1989)].
The Constitution mandates that the HRET
By requiring proportional representation in the
“shall be the sole judge of all contests relating
Commission on Appointments, Sec. 18 in
to the election, returns and qualifications” of its
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effect works as a check on the majority party in Audit; Members of the Regional and
the Senate and helps to maintain the balance Consultative Commissions); [Sarmiento v.
of power. No party can claim more than what it Mison, G.R. No. 79974 (1987)]
is entitled to under such rule [Guingona, Jr. v.
Gonzales, G.R. No. 106971(1993)]. Congress cannot require that the appointment
of a person to an office created by law shall be
1. Nature subject to CA confirmation [Calderon v. Carale,
G.R. No. 91636 (1992)].
The CA shall be constituted within 30 days after
the Senate and the House of Representatives Appointments extended by the President to the
shall have been organized with the election of above-mentioned positions while Congress is
the President and the Speaker [Art. VI, Sec not in session (ad-interim appointments) shall
19.]. only be effective:
a. Until disapproval by the Commission on
It is NOT mandatory to elect 12 Senators to the Appointments; or
Commission before it can discharge its b. Until the next adjournment of Congress.
functions. What the Constitution requires is at
least a majority of the membership [Guingona H. POWERS OF
v. Gonzales, G.R. No. 106971 (1992)].
CONGRESS
The CA shall act on all appointments within 30
session days from their submission to 1. Legislative Inquiries and
Congress and shall rule by a majority vote of all
its members. Oversight Functions
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Each House may determine the rules of its Sec. 26, Art. VI.
proceedings, punish its Members for disorderly (1) Every bill passed by the Congress shall
behavior, and, with the concurrence of two- embrace only one subject which shall be
thirds of all its Members, suspend or expel a expressed in the title thereof. xxx
Member. A penalty of suspension, when
imposed, shall not exceed sixty days [Sec. 16 One Subject One Title Rule
(3), Art. VI]. 1. To prevent hodge-podge, "log-rolling", or
the smuggling in of "riders", that is, "any act
Each house may punish its members for containing several subjects dealing with
disorderly behavior, and with the concurrence unrelated matters representing diverse
of 2/3 of ALL its members, with: [SED-FIC] interests.
• Suspension 2. To prevent surprise or fraud upon the
• Expulsion legislature
3. To fairly apprise the people of the subjects
Other measures: of legislation that are being considered in
• Deletion of unparliamentary remarks from order that they may have the opportunity of
the record being heard thereon, by petition or
• Fine otherwise, if they should so desire.
• Imprisonment 4. But the title need not be a complete
• Censure catalogue of a bill. In any case, a title must
not be "so uncertain that the average
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Sec. 25, Art. VI. Sec. 29, Art. VI. (1) No money shall be paid
(1) The Congress may not increase the out of the Treasury except in pursuance of
appropriations recommended by the an appropriation made by law.
President for the operation of the
Government as specified in the budget. The
Procedure for Passage of Bills
form, content, and manner of preparation of
the budget shall be prescribed by law. Sec. 27, Art. VI
(2) No provision or enactment shall be (1) Every bill passed by the Congress shall,
embraced in the general appropriations bill before it becomes a law, be presented to the
unless it relates specifically to some President. If he approves the same, he shall
particular appropriation therein. Any such sign it; otherwise,he shall veto it and return
provision or enactment shall be limited in its the same with his objections to the House
operation to the appropriation to which it where it originated, which shall enter the
relates. (3) The procedure in approving objections at large in its Journal and proceed
appropriations for the Congress shall strictly to reconsider it. If, after such
follow the procedure for approving reconsideration, two-thirds of all the
appropriations for other departments and Members of such House shall agree to pass
agencies. the bill, it shall be sent, together with the
(4) A special appropriations bill shall objections, to the other House by which it
specify the purpose for which it is intended, shall likewise be reconsidered, and if
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Sec. 16, Art. VII. The President shall Four Groups of Officers whom the
nominate and, with the consent of the President may appoint:
Commission on Appointments, appoint the 1. With Consent of the Commission on
heads of the executive departments, Appointments:
ambassadors, other public ministers and ● Heads of the executive departments
consuls, or officers of the armed forces from ● Ambassadors, other public ministers
the rank of colonel or naval captain, and and consuls
other officers whose appointments are ● Officers of the armed forces from the
vested in him in this Constitution. He shall rank of colonel or naval captain
also appoint all other officers of the ● Other officers whose appointments are
Government whose appointments are not vested in him by the Constitution:
otherwise provided for by law, and those ● Regular Members of the JBC
whom he may be authorized by law to (ex-officio members do not
appoint. The Congress may, by law, vest the need the confirmation of the
appointment of other officers lower in rank in CA)
the President alone, in the courts, or in the ● Chairman and Commissioners
heads of departments, agencies, of the CSC, COMELEC, and
commissions, or boards. [...] COA.
● Members of the Regional and
1. Appointment: Selection by the proper Consultative Commissions
authority of an individual who is to exercise 2. All other officers of the government whose
the powers and functions of a given office. appointments are not otherwise provided
Appointee has a right to claim by law;
compensation as stated in the 3. Those whom the President may be
appointment. authorized by law to appoint; and (e.g.
2. Designation: Imposition of additional Chairman and Members of the
duties, usually by law, upon a person Commission on Human Rights [Bautista v.
already in the public service by virtue of an Salonga, G.R. No. 86439(1989)])
earlier appointment. Does not entail 4. Officers lower in rank whose appointments
payment of additional benefits or grants Congress may by law vest in the President
upon the person so designated [National alone [Sarmiento III v. Mison, G.R. No.
Amnesty Commission v. COA, G.R. No. 79974(1987)]
156982(2004)]
3. Commission: Written Evidence of the Consent of the Commission on Appointments
appointment is not required for 2, 3, and 4 as these are not
positions whose appointments are granted by
Elements of a valid appointment: the Constitution
1. Authority to appoint and evidence of the
exercise of authority; Note: Appointments to the Philippine Coast
2. Transmittal of the appointment paper and Guard, which is no longer under the AFP, need
evidence of the transmittal (preferably not undergo confirmation [Soriano v. Lista,
through the Malacañang Records Office); G.R. No. 153881 (2003)].
3. Vacant position at the time of appointment;
4. Receipt of the appointment papers and The Philippine National Police (PNP, Sec. 4,
acceptance of the appointment by the Art. XVI, PC) is separate and distinct from the
Armed Forces of the Philippines. (AFP, Sec. 6,
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Art. XVI, PC). The police force is different from upon the President’s appointment power in
and independent of the armed forces and that appointing the Associate Justices in the
the ranks in the military are not similar to those Sandiganbayan.
in the PNP. Thus, directors and chief
superintendents of the PNO do not fall under The President’s option for every vacancy was
the first category of presidential appointees limited to the 5 to 7 nominees in each cluster.
requiring confirmation by the COA [Manalo v. Once the President chose an appointee from
Sistoza, G.R. No. 107369(1999)]. one cluster, he was proscribed from
considering other nominees in the same cluster
Note: “Congress may by law vest in the for the other vacancies. All the nominees
appointment of other officers lower in rank in applied for and were qualified for appointment
the President alone.” to any of the vacant Associate Justice positions
● The inclusion of the word “alone” was in the Sandiganbayan, however, the JBC did
an oversight. The Constitution should not explain why one nominee should be
read: “The Congress may, by law, vest considered for appointment to the position
the appointment of other officers lower assigned to one specific cluster only.
in rank in the President.” [Sarmiento v.
Mison, supra] The nominees' chance for appointment was
restricted to the consideration of the one
Other cases where confirmation is not cluster in which they were included, even
required: though they applied for and were qualified for
1. When Congress creates inferior officers all vacancies.
but omits to provide for appointment
thereto, or provides in an unconstitutional Clustering is valid only when:
manner for such appointments (1) there are multiple vacancies;
2. Appointment of the Vice-President as (2) vacancies refer to the same position;
member of the Cabinet [Sec 3, Art. VII] (3) vacancies occur at the same time.
3. Appointments upon recommendation of the
Judicial Bar Council Steps in the appointing process:
4. Appointments solely by the President.
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Congress cannot impose on the President the Limited to Caretaker Capacity: While
obligation to appoint an Undersecretary as [the “midnight appointments” (i.e. made by outgoing
President’s] Acting Secretary. The President President near the end of his term) are not
shall have the freedom to choose who shall be illegal, they should be made in the capacity of
his temporary alter ego [Pimentel v. Ermita, a “caretaker” [a new president being elected],
G.R. No. 164978(2005)]. doubly careful and prudent in making the
selection, so as not to defeat the policies of the
c. Limitations on the Exercise incoming administration. Hence, the issuance
of 350 appointments in one night and planned
1. Sec. 13, par. 2, Art. VII: The spouse induction of almost all of them a few hours
and relatives by consanguinity or before the inauguration of the new President
affinity within the 4th civil degree of the may be regarded as abuse of presidential
President shall not, during his “tenure”, prerogatives [Aytona v. Castillo, G.R. No. L-
be appointed as 19313 1962)]. It must be shown that there is
a. Members of the Constitutional regard for the fitness of appointees and the
Commissions; filling up must be few and so spaced which
b. Member of the Office of the indicates there was a deliberate action taken
Ombudsman; by the appointing power.
c. Secretaries;
d. Undersecretaries; Applies only to the President: Ban does not
e. Chairman or heads of bureaus extend to appointments made by local elective
or offices, including GOCCs officials. There is no law that prohibits local
and their subsidiaries. elective officials from making appointments
2. Recess (Ad Interim) appointments: during the last day of his/her tenure [De Rama
The President shall have the power to v. CA, G.R. No. 131136(2001)].
make appointments during the recess
of the Congress, whether voluntary or Appointing power of the ACTING
compulsory, but such appointments PRESIDENT.
shall be effective only until disapproval a. Appointments extended by an Acting
by the Commission on Appointments or President shall remain effective unless
until the next adjournment of the revoked by the elected President within 90
Congress [Sec 16(2), Art VII]. days from his assumption or re-assumption
of office [Sec. 14, Art. VII].
Rule on Midnight Appointments Ban b. Midnight appointments ban applies to the
General Rule: 2 months immediately before acting President.
the next presidential elections (2nd Monday of
March), and up to the end of his “term” (June Power of Removal
30), a President (or Acting President) shall not General Rule: Power of removal may be
make appointments [Sec 15, Art. VII]. implied from the power of appointment.
Exception: Temporary appointments to
executive positions, when continued vacancies Exception: The President cannot remove
will: (a) Prejudice public service; or (b) officials appointed by him where the
endanger public safety. Constitution prescribes certain methods for
separation of such officers from public service,
Limited to Executive Departments: The e.g. Chairman and Commissioners of
prohibition against midnight appointment Constitutional Commissions who can be
applies only to positions in the executive removed only by impeachment, or judges who
department [De Castro v. JBC, G.R. are subject to the disciplinary authority of the
191002(2010)]. Supreme Court.
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Career Civil Service: Members of the career include the power to overrule their acts, if these
civil service who are appointed by the acts are within their discretion. In relation to
President may be directly disciplined by him local government units (LGUs), supervision
[Villaluz v. Zaldivar, G.R. No. L-22754(1964)]. includes the authority to ensure that LGUs are
operating and acting in accordance with law
Serve at the pleasure of the President: and not ultra vires.
Cabinet members and such officers whose
continuity in office depends upon the pleasure Note: The President's power of control only
of the president may be replaced at any time, extends to administrative functions. If it is
but legally speaking, their separation is performing quasi-judicial functions, the Office
effected not by removal but by expiration of of the President has no jurisdiction [See Cruz
their term of the appointee. v. Sec of Environment & Natural Resources,
G.R. No. 135385 (2000)].
3. Power Of Control And a. Doctrine of Qualified Political
Supervision Agency
All the different executive and administrative
Sec. 17, Art. VII. The President shall have organizations are mere adjuncts of the
control of all the executive departments, Executive Department. This is an adjunct of the
bureaus, and offices. He shall ensure that the Doctrine of One Executive.
laws be faithfully executed.
The heads of the various executive
Control is essentially the power to [1] alter or departments are assistants and agents of the
modify or nullify or set aside what a subordinate Chief Executive [Villena v. Secretary of Interior,
officer had done in the performance of his G.R. No. L-45670 (1939)]. In the regular course
duties; and to [2] substitute the judgement of of business, acts of executive departments,
the former with that of the latter [Biraogo v. unless disapproved or reprobated by the Chief
Philippine Truth Commission, G.R. No. 192935 Executive, are presumptively acts of the Chief
(2010)]. Executive [Free Telephone Workers Union v.
Minister of Labor and Employment, G.R. No. L-
The power of control includes: 581184 (1981)].
• Act directly whenever a specific function is
entrusted by law or regulation to a There is a special class of powers which the
subordinate President cannot delegate (e.g. declaration of
• Direct the performance of duty martial law, suspension of the privilege of the
• Restrain the commission of acts writ of habeas corpus, executive clemency,
• Review, approve, reverse, modify acts and among others). However, the power of review
decisions of subordinate officials or units does not fall under these exceptional
• Determine priorities in the execution of circumstances. Thus, the President can
plans and programs choose not to review the decision of the DOJ
• Prescribe guidelines, plans and programs and delegate such power to the Secretary by
• Reorganization (transfer of unit, transfer of virtue of the Qualified Agency Doctrine [See
functions, abolish, consolidate, or merge Angeles v. Gaite, G.R. 165276 (2009)].
units)
b. Executive Departments and
Supervision is the overseeing or the power of Offices
the officer to see that subordinate officers
perform their duties, and if the latter fail or General Rule: The multifarious executive and
neglect to fulfill them, then the former may take administrative functions of the Chief Executive
such action or steps as prescribed by law to
make them perform these duties. This does not
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are performed by and through the executive c. General Supervision over Local
departments. Government Units and the
Autonomous Regions
Exceptions:
1. Cases where the Chief Executive is
The President shall exercise general
required by the Constitution or by law to act
supervision over local governments [Sec 4, Art
in person; or
X].
2. The exigencies of the situation demand
that he acts personally.
The President shall exercise general
The President may, by executive or
supervision over autonomous regions to
administrative order, direct the reorganization
ensure that laws are faithfully executed [Sec
of government entities under the Executive
16, Art X].
Department. This is also sanctioned under the
Constitution, as well as the Admin Code. This
The President may suspend or remove local
recognizes the recurring need of every
officials by virtue of the power delegated to him
President to reorganize his or her office "to by Congress through the Local Government
achieve simplicity, economy and efficiency," in
Code. The Constitution also places local
the manner the Chief Executive deems fit to governments under the general supervision of
carry out presidential directives and policies
the President, and also allows Congress to
[Tondo Medical Employees v. CA, G.R. No.
include in the local government code
167324 (2007)].
provisions for removal of local officials [See
Sec 3, Art X and Ganzon v. CA, G.R. No.
Power to Abolish Offices
93252 (1991)].
Generally, the power to abolish a public office
is legislative. However, as far as bureaus,
offices or agencies of the executive department 4. Emergency Powers
are concerned, power of control may justify him
to inactive functions of a particular office [See Emergency Powers are delegated by the
Buklod ng Kawaning EIIB v. Zamora, G.R. No. Congress which covers such power necessary
142801-802 (2001)]. to carry out a declared national policy (declared
by Congress).
In establishing an executive department,
bureau, or office, the legislature necessarily Nature of Grant.
ordains an executive agency's position in the Generally, Congress is the repository of
scheme of administrative structure. Such emergency powers. This is evident in the tenor
determination is primary, but subject to the of Section 23 (2), Article VI authorizing it to
President's continuing authority to reorganize delegate such powers to the President.
the administrative structure [Anak Mindanao v. Certainly, a body cannot delegate a power not
Executive Secretary, G.R. No. 166052 (2007)]. reposed upon it.
1. Limited period — ceases upon
Note: A distinction is made between the Office withdrawal by Congress through a
of the President Proper and the Office of the resolution, or failing to adopt it upon
President. The President has the power to next voluntary adjournment.
abolish, consolidate, merge units of the Office 2. Subject to restrictions from Congress.
of the President Proper. On the other hand, the [See Rodriguez v. Gella, G.R. No. L-6266
President's power to reorganize offices outside (1953) for Nature of Emergency Power]
the Office of the President Proper but still within
the Office of the President is limited to merely Requisites for Grant of Emergency Powers
transferring functions [Pichay v. Office of the Knowing that during grave emergencies, it may
Deputy Executive Secretary, G.R. No. 196425 not be possible or practicable for Congress to
(2012)]. meet and exercise its powers, the Framers of
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our Constitution deemed it wise to allow delegation from Congress which is the
Congress to grant emergency powers to the repository of emergency powers.
President, subject to certain conditions, thus:
a. There must be a war or other 5. Commander-In-Chief Powers
emergency;
b. The delegation must be for a limited
period only; Sec. 18, Art. VII. The President shall be the
c. The delegation must be subject to such Commander-in-Chief of all armed forces of
restrictions as the Congress may the Philippines and whenever it becomes
prescribe; and necessary, he may call out such armed
d. The emergency powers must be forces to prevent or suppress lawless
exercised to carry out a national policy violence, invasion or rebellion. In case of
declared by Congress. invasion or rebellion, when the public safety
requires it, he may, for a period not
Concept of Emergency exceeding sixty days, suspend the privilege
Emergency, as a generic term, connotes the of the writ of habeas corpus or place the
existence of conditions suddenly intensifying Philippines or any part thereof under martial
the degree of existing danger to life or well- law. Within forty-eight hours from the
being beyond that which is accepted as proclamation of martial law or the
normal. Implicit in these definitions are the suspension of the privilege of the writ of
elements of intensity, variety, and perception. habeas corpus, the President shall submit a
Emergencies, as perceived by legislature or report in person or in writing to the Congress.
executive in the United Sates have been The Congress, voting jointly, by a vote of at
occasioned by a wide range of situations, least a majority of all its Members in regular
classifiable under three principal heads: (a) or special session, may revoke such
economic, (b) natural disaster, and (c) national proclamation or suspension, which
security. Emergency as contemplated in the revocation shall not be set aside by the
1987 Constitution, is of the same breadth. It President. Upon the initiative of the
may include rebellion, economic crisis, President, the Congress may, in the same
pestilence or epidemic, typhoon, flood, or other manner, extend such proclamation or
similar catastrophe of nationwide proportions suspension for a period to be determined by
or effect. the Congress, if the invasion or rebellion
shall persist and public safety requires it.
In David v. Macapagal-Arroyo, G.R. No.
171396(2006), the Court made it clear that The Congress, if not in session, shall, within
Presidential Proclamation 1017 (Declaring a twenty-four hours following such
State of National Emergency) was woven out proclamation or suspension, convene in
of the “calling out” and “take care” powers of accordance with its rules without any need of
the President joined with the “temporary a call.
takeover” provision under Sec 17, Art XII.
PP1017 purports to grant the President, The Supreme Court may review, in an
without delegation from Congress, to take over appropriate proceeding filed by any citizen,
or direct operation of any privately-owned the sufficiency of the factual basis of the
public utility or business affected with public proclamation of martial law or the
interest. suspension of the privilege of the writ or the
extension thereof, and must promulgate its
The President may declare the existence of a decision thereon within thirty days from its
state of national emergency without filing.
Congressional enactment however the
exercise of emergency powers requires a A state of martial law does not suspend the
operation of the Constitution, nor supplant
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Graduated Powers
the functioning of the civil courts or
Sec. 18, Art. VII grants the President, as
legislative assemblies, nor authorize the
Commander-in-Chief, a “sequence” of
conferment of jurisdiction on military courts
“graduated power[s].” From the most to the
and agencies over civilians where civil courts
least benign, these are: (1) the calling out
are able to function, nor automatically
power, (2) the power to suspend the privilege
suspend the privilege of the writ.
of the writ of habeas corpus, and the (3) power
The suspension of the privilege of the writ to declare martial law. In the exercise of the
latter two powers, the Constitution requires the
shall apply only to persons judicially charged
concurrence of two conditions, namely, an
for rebellion or offenses inherent in or directly
actual invasion or rebellion, and that public
connected with the invasion.
safety requires the exercise of such power.
However, these conditions are not required in
During the suspension of the privilege of the
the exercise of the calling out power. The only
writ, any person thus arrested or detained
criterion is that ‘whenever it becomes
shall be judicially charged within three days,
necessary,’ the President may call the armed
otherwise he shall be released.
forces ‘to prevent or suppress lawless violence,
invasion or rebellion.’ [Sanlakas v. Executive
Commander-in-Chief Powers Secretary, G.R. No. 159085(2004)].
a. He may call out such armed forces to
prevent or suppress lawless violence, a. Calling Out Powers
invasion, or rebellion.
b. He may suspend the privilege of the writ of This is merely a police measure meant to quell
habeas corpus. disorder. As such, the Constitution does not
c. He may proclaim martial law over the entire regulate its exercise radically.
Philippines or any part thereof.
State of Rebellion
The President is the commander-in-chief of all Since the Constitution did not define the term
armed forces of the Philippines. The ability of "rebellion," it must be understood to have the
the President to require a military official to same meaning as the crime of "rebellion" in the
secure prior consent before appearing before Revised Penal Code (RPC).
Congress pertains to a wholly different and
independent specie of presidential authority — In determining the existence of rebellion, the
the commander-in-chief powers of the President only needs to convince himself that
President. By tradition and jurisprudence, the there is probable cause or evidence showing
commander-in-chief powers of the President that more likely than not a rebellion was
are not encumbered by the same degree of committed or is being committed. To require
restriction as that which may attach to him to satisfy a higher standard of proof would
executive privilege or executive control. restrict the exercise of his emergency powers
[Lagman v. Medialdea, G.R. No.
Outside explicit constitutional limitations, the 231658(2017)].
commander-in-chief clause vests in the
President, as commander-in-chief, absolute Suspension of the Privilege of the Writ of
authority over the persons and actions of the Habeas Corpus:
members of the armed forces. Such authority The requisites for suspension of the privilege of
includes the ability of the President to restrict the writ of habeas corpus:
the travel, movement and speech of military 1. There must be an actual invasion or
officers, activities which may otherwise be rebellion; and
sanctioned under civilian law [Gudani v. 2. Public safety requires it.
Senga, G.R. No. 170165(2006)].
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Note that the privilege of the writ is suspended, in the delivery of detained
not the writ itself. The writ is an order from the persons."
court commanding a detaining officer to inform iii. The right to bail shall not be
the court: impaired even when the privilege of
1. If he has the person in custody; and the writ of habeas corpus is
2. His basis for detaining that person suspended. Excessive bail shall
not be required [Art. III, Section 13].
Effects of the Suspension of the Privilege:
a. The suspension of the privilege of the writ The suspension of the privilege does not
applies only to persons “judicially charged” destroy petitioners' right and cause of action for
(should be read as one who is suspected damages for illegal arrest and detention and
of complicity in) for rebellion or offenses other violations of their constitutional rights.
inherent in or directly connected with [Aberca v. Ver, G.R. No. L-69866(1988)].
invasion [Sec. 18, par. 5, Art. VII].
i. Such persons suspected of the The President may exercise the power to call
above can be arrested and out the Armed Forces independently of the
detained without warrant of arrest. power to suspend the privilege of the writ of
ii. The suspension of the privilege habeas corpus and to declare martial law,
does not make the arrest without although, of course, it may also be a prelude to
warrant legal. But the military is, in a possible future exercise of the latter powers,
effect, enabled to make the arrest as in this case [Lagman v. Medialdea, G.R. No.
anyway since, with the suspension 231658 (2017)].
of the privilege, there is no remedy
available against such unlawful Four (4) ways for the Proclamation of Martial
arrest (arbitrary detention). Law or the Suspension of the Privilege of the
iii. The arrest without warrant is Writ of Habeas Corpus to be Lifted:
justified by the emergency situation 1. Lifting by the President himself
and the difficulty in applying for a 2. Revocation by Congress
warrant considering the time and 3. Nullification by the Supreme Court
the number of persons to be 4. Operation of law after 60 days
arrested.
iv. The crime for which he is arrested b. Declaration of Martial Law and
must be one related to rebellion or Suspension of the Privilege of the
invasion. As to others, the Writ of Habeas Corpus; Extension
suspension of the privilege does
not apply.
Requisites in proclaiming Martial Law:
b. During the suspension of the privilege of 1. There must be an in invasion or rebellion
the writ, any person thus arrested or
2. Public safety requires the proclamation of
detained shall be judicially charged within martial law all over the Philippines or in any
3 days, or otherwise he shall be released
part thereof
[Sec. 18(6), Art. VII].
i. The effect therefore is only to The power to declare martial law and to
extend the periods during which he
suspend the privilege of the writ of habeas
can be detained without a warrant. corpus involve curtailment and suppression of
When the privilege is suspended,
civil rights and individual freedom. Thus, the
the period is extended to 72 hours. declaration of martial law serves as a warning
ii. What happens if he is not judicially
to citizens that the Executive Department has
charged nor released after 72
called upon the military assist in the
hours? The public officer becomes
maintenance of law and order, and while the
liable under RPC Art. 125 for "delay
emergency remains, the citizens must, under
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The following cannot be done by a Congress can only so extend the proclamation
proclamation of Martial Law [Sec. 18, Art. VII]: or suspension upon the initiative of the
a. Suspend the operation of the Constitution; President. The period need not be 60 days; it
b. Supplant the functioning of the civil courts could be more, as Congress would determine,
and legislative assemblies based on the persistence of the emergency.
c. Confer jurisdiction upon military courts and
agencies over civilians, where civil courts Note: If Congress fails to act before the
are able to function measure expires, it can no longer extend it until
the President again re-declares the measure.
Open Court Doctrine: Civilians cannot be
tried by military courts if the civil courts are If Congress extends the measure, but before
open and functioning. Martial law usually the period of extension lapses the
contemplates a case where the courts are requirements for the proclamation or
already closed and the civil institutions suspension no longer exist, Congress can lift
have already crumbled, i.e. a "theater of the extension, since the power to confer
war." [Olaguer v. Military Commission No. implies the power to take back.
34, 150 SCRA 144(1987)].
The Role of the Supreme Court [See Sec. 18,
d. Automatically suspend the privilege of the par. 3, Art. VII]
writ of habeas corpus. The President must a. The Supreme Court may review, in an
expressly suspend the privilege. appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of:
The Role of Congress [See Sec. 18, par. 1, 2, i. The proclamation of martial law or
Art. VII] the suspension of the privilege of
a. Congress may revoke the proclamation of the writ, or
martial law or suspension of the privilege of ii. The extension thereof. It must
the writ of habeas corpus before the lapse promulgate its decision thereon
of 60 days from the date of suspension or within 30 days from its filing.
proclamation.
b. Upon such proclamation or suspension, In reviewing the sufficiency of the factual basis
Congress shall convene at once. If it is not of the proclamation or suspension, the Court
in session, it shall convene in accordance considers only the information and data
with its rules without need of a call within available to the President prior to or at the time
24 hours following the proclamation or of the declaration; it is not allowed to
suspension. "undertake an independent investigation
c. Within 48 hours from the proclamation or beyond the pleadings." On the other hand,
the suspension, the President shall submit Congress may take into consideration not only
a report, in person or in writing, to the data available prior to, but likewise events
Congress (meeting in joint session of the supervening the declaration.
action he has taken).
d. The Congress shall then vote jointly, by a Thus, the power to review by the Court and the
majority of all its members. It has two power to revoke by Congress are not only
options: totally different but likewise independent from
1. To revoke such proclamation or each other although concededly, they have the
suspension. When it is so revoked, the same trajectory, which is, the nullification of the
President cannot set aside (or veto) the presidential proclamation. Needless to say, the
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power of the Court to review can be exercised Do Letters of Instruction (LOI) and Presidential
independently from the power of revocation of Decrees issued by the President under the
Congress [Lagman v. Medialdea, G.R. No. 1973 Constitution during Martial Law form part
231658(2017)]. of the laws of the land?
LOIs are presumed to be mere administrative
b. Petition for Habeas Corpus issuances except when the conditions set out
i. When a person is arrested without a in Garcia-Padilla v. Enrile exist.
warrant for complicity in the rebellion or
invasion, he or someone else on his To form part of the law of the land, the decree,
behalf has the standing to question the order or LOI must be
validity of the proclamation or (1) Issued by the President in the exercise
suspension. of his extraordinary power of legislation
ii. Before the SC can decide on the as contemplated in Section 6 of the
legality of his detention, it must first 1976 Amendments to the Constitution
pass upon the validity of the (2) Whenever either
proclamation or suspension. (a) In his judgment there exists a
grave emergency or a threat or
Cf. RA 7055 (1991) "An Act Strengthening imminent thereof,
Civilian Supremacy over the Military by (b) The interim Batasang
Returning to the Civil Courts the Pambansa or the regular
Jurisdiction over Certain Offenses National Assembly fails or is
involving Members of the Armed Forces of unable to act adequately on
the Philippines, other Persons Subject to any matter for any reason that
Military Law, and the Members of the in his judgment requires
Philippine National Police, Repealing for immediate action. [PASEI v.
the Purpose Certain Presidential Decrees" Torres, G.R. No.
101279(1993)].
RA 7055 provides that when these individuals
commit crimes or offenses penalized under the 6. Executive Clemency
RPC, other special penal laws, or local
government ordinances, regardless of whether
a. Nature and Limitations
civilians are co-accused, victims, or offended
parties which may be natural or juridical
persons, they shall be tried by the proper civil Sec. 19, Art. VII. Except in cases of
court, except when the offense, as determined impeachment, or as otherwise provided in
before arraignment by the civil court, is service- this Constitution, the President may grant
connected in which case it shall be tried by reprieves, commutations and pardons, and
court-martial. remit fines and forfeitures, after conviction by
final judgment.
The assertion of military authority over civilians
cannot rest on the President's power as General Exceptions to Executive
Commander in Chief or on any theory of martial Clemencies
law. As long as civil courts remain open and are 1. In case of impeachment; and
regularly functioning, military tribunals cannot 2. As otherwise provided in this Constitution,
try and exercise jurisdiction over civilians for e.g. for election offenses: No pardon,
offenses committed by them and which are amnesty, parole, or suspension of
properly cognizable by civil courts. [Olaguer v. sentence for violation of election laws,
Military Commission No. 34, G.R. No. L- rules, and regulations shall be granted by
54558(1987)]. the President without the favorable
recommendation by the Commission on
Election [Sec. 5, Art. IX].
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Congress cannot impose on the President the Limited to Caretaker Capacity: While
obligation to appoint an Undersecretary as [the “midnight appointments” (i.e. made by outgoing
President’s] Acting Secretary. The President President near the end of his term) are not
shall have the freedom to choose who shall be illegal, they should be made in the capacity of
his temporary alter ego [Pimentel v. Ermita, a “caretaker” [a new president being elected],
G.R. No. 164978(2005)]. doubly careful and prudent in making the
selection, so as not to defeat the policies of the
c. Limitations on the Exercise incoming administration. Hence, the issuance
of 350 appointments in one night and planned
1. Sec. 13, par. 2, Art. VII: The spouse induction of almost all of them a few hours
and relatives by consanguinity or before the inauguration of the new President
affinity within the 4th civil degree of the may be regarded as abuse of presidential
President shall not, during his “tenure”, prerogatives [Aytona v. Castillo, G.R. No. L-
be appointed as 19313 1962)]. It must be shown that there is
a. Members of the Constitutional regard for the fitness of appointees and the
Commissions; filling up must be few and so spaced which
b. Member of the Office of the indicates there was a deliberate action taken
Ombudsman; by the appointing power.
c. Secretaries;
d. Undersecretaries; Applies only to the President: Ban does not
e. Chairman or heads of bureaus extend to appointments made by local elective
or offices, including GOCCs officials. There is no law that prohibits local
and their subsidiaries. elective officials from making appointments
2. Recess (Ad Interim) appointments: during the last day of his/her tenure [De Rama
The President shall have the power to v. CA, G.R. No. 131136(2001)].
make appointments during the recess
of the Congress, whether voluntary or Appointing power of the ACTING
compulsory, but such appointments PRESIDENT.
shall be effective only until disapproval a. Appointments extended by an Acting
by the Commission on Appointments or President shall remain effective unless
until the next adjournment of the revoked by the elected President within 90
Congress [Sec 16(2), Art VII]. days from his assumption or re-assumption
of office [Sec. 14, Art. VII].
Rule on Midnight Appointments Ban b. Midnight appointments ban applies to the
General Rule: 2 months immediately before acting President.
the next presidential elections (2nd Monday of
March), and up to the end of his “term” (June Power of Removal
30), a President (or Acting President) shall not General Rule: Power of removal may be
make appointments [Sec 15, Art. VII]. implied from the power of appointment.
Exception: Temporary appointments to
executive positions, when continued vacancies Exception: The President cannot remove
will: (a) Prejudice public service; or (b) officials appointed by him where the
endanger public safety. Constitution prescribes certain methods for
separation of such officers from public service,
Limited to Executive Departments: The e.g. Chairman and Commissioners of
prohibition against midnight appointment Constitutional Commissions who can be
applies only to positions in the executive removed only by impeachment, or judges who
department [De Castro v. JBC, G.R. are subject to the disciplinary authority of the
191002(2010)]. Supreme Court.
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Career Civil Service: Members of the career include the power to overrule their acts, if these
civil service who are appointed by the acts are within their discretion. In relation to
President may be directly disciplined by him local government units (LGUs), supervision
[Villaluz v. Zaldivar, G.R. No. L-22754(1964)]. includes the authority to ensure that LGUs are
operating and acting in accordance with law
Serve at the pleasure of the President: and not ultra vires.
Cabinet members and such officers whose
continuity in office depends upon the pleasure Note: The President's power of control only
of the president may be replaced at any time, extends to administrative functions. If it is
but legally speaking, their separation is performing quasi-judicial functions, the Office
effected not by removal but by expiration of of the President has no jurisdiction [See Cruz
their term of the appointee. v. Sec of Environment & Natural Resources,
G.R. No. 135385 (2000)].
3. Power Of Control And a. Doctrine of Qualified Political
Supervision Agency
All the different executive and administrative
Sec. 17, Art. VII. The President shall have organizations are mere adjuncts of the
control of all the executive departments, Executive Department. This is an adjunct of the
bureaus, and offices. He shall ensure that the Doctrine of One Executive.
laws be faithfully executed.
The heads of the various executive
Control is essentially the power to [1] alter or departments are assistants and agents of the
modify or nullify or set aside what a subordinate Chief Executive [Villena v. Secretary of Interior,
officer had done in the performance of his G.R. No. L-45670 (1939)]. In the regular course
duties; and to [2] substitute the judgement of of business, acts of executive departments,
the former with that of the latter [Biraogo v. unless disapproved or reprobated by the Chief
Philippine Truth Commission, G.R. No. 192935 Executive, are presumptively acts of the Chief
(2010)]. Executive [Free Telephone Workers Union v.
Minister of Labor and Employment, G.R. No. L-
The power of control includes: 581184 (1981)].
• Act directly whenever a specific function is
entrusted by law or regulation to a There is a special class of powers which the
subordinate President cannot delegate (e.g. declaration of
• Direct the performance of duty martial law, suspension of the privilege of the
• Restrain the commission of acts writ of habeas corpus, executive clemency,
• Review, approve, reverse, modify acts and among others). However, the power of review
decisions of subordinate officials or units does not fall under these exceptional
• Determine priorities in the execution of circumstances. Thus, the President can
plans and programs choose not to review the decision of the DOJ
• Prescribe guidelines, plans and programs and delegate such power to the Secretary by
• Reorganization (transfer of unit, transfer of virtue of the Qualified Agency Doctrine [See
functions, abolish, consolidate, or merge Angeles v. Gaite, G.R. 165276 (2009)].
units)
b. Executive Departments and
Supervision is the overseeing or the power of Offices
the officer to see that subordinate officers
perform their duties, and if the latter fail or General Rule: The multifarious executive and
neglect to fulfill them, then the former may take administrative functions of the Chief Executive
such action or steps as prescribed by law to
make them perform these duties. This does not
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are performed by and through the executive c. General Supervision over Local
departments. Government Units and the
Autonomous Regions
Exceptions:
1. Cases where the Chief Executive is
The President shall exercise general
required by the Constitution or by law to act
supervision over local governments [Sec 4, Art
in person; or
X].
2. The exigencies of the situation demand
that he acts personally.
The President shall exercise general
The President may, by executive or
supervision over autonomous regions to
administrative order, direct the reorganization
ensure that laws are faithfully executed [Sec
of government entities under the Executive
16, Art X].
Department. This is also sanctioned under the
Constitution, as well as the Admin Code. This
The President may suspend or remove local
recognizes the recurring need of every
officials by virtue of the power delegated to him
President to reorganize his or her office "to by Congress through the Local Government
achieve simplicity, economy and efficiency," in
Code. The Constitution also places local
the manner the Chief Executive deems fit to governments under the general supervision of
carry out presidential directives and policies
the President, and also allows Congress to
[Tondo Medical Employees v. CA, G.R. No.
include in the local government code
167324 (2007)].
provisions for removal of local officials [See
Sec 3, Art X and Ganzon v. CA, G.R. No.
Power to Abolish Offices
93252 (1991)].
Generally, the power to abolish a public office
is legislative. However, as far as bureaus,
offices or agencies of the executive department 4. Emergency Powers
are concerned, power of control may justify him
to inactive functions of a particular office [See Emergency Powers are delegated by the
Buklod ng Kawaning EIIB v. Zamora, G.R. No. Congress which covers such power necessary
142801-802 (2001)]. to carry out a declared national policy (declared
by Congress).
In establishing an executive department,
bureau, or office, the legislature necessarily Nature of Grant.
ordains an executive agency's position in the Generally, Congress is the repository of
scheme of administrative structure. Such emergency powers. This is evident in the tenor
determination is primary, but subject to the of Section 23 (2), Article VI authorizing it to
President's continuing authority to reorganize delegate such powers to the President.
the administrative structure [Anak Mindanao v. Certainly, a body cannot delegate a power not
Executive Secretary, G.R. No. 166052 (2007)]. reposed upon it.
1. Limited period — ceases upon
Note: A distinction is made between the Office withdrawal by Congress through a
of the President Proper and the Office of the resolution, or failing to adopt it upon
President. The President has the power to next voluntary adjournment.
abolish, consolidate, merge units of the Office 2. Subject to restrictions from Congress.
of the President Proper. On the other hand, the [See Rodriguez v. Gella, G.R. No. L-6266
President's power to reorganize offices outside (1953) for Nature of Emergency Power]
the Office of the President Proper but still within
the Office of the President is limited to merely Requisites for Grant of Emergency Powers
transferring functions [Pichay v. Office of the Knowing that during grave emergencies, it may
Deputy Executive Secretary, G.R. No. 196425 not be possible or practicable for Congress to
(2012)]. meet and exercise its powers, the Framers of
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our Constitution deemed it wise to allow delegation from Congress which is the
Congress to grant emergency powers to the repository of emergency powers.
President, subject to certain conditions, thus:
a. There must be a war or other 5. Commander-In-Chief Powers
emergency;
b. The delegation must be for a limited
period only; Sec. 18, Art. VII. The President shall be the
c. The delegation must be subject to such Commander-in-Chief of all armed forces of
restrictions as the Congress may the Philippines and whenever it becomes
prescribe; and necessary, he may call out such armed
d. The emergency powers must be forces to prevent or suppress lawless
exercised to carry out a national policy violence, invasion or rebellion. In case of
declared by Congress. invasion or rebellion, when the public safety
requires it, he may, for a period not
Concept of Emergency exceeding sixty days, suspend the privilege
Emergency, as a generic term, connotes the of the writ of habeas corpus or place the
existence of conditions suddenly intensifying Philippines or any part thereof under martial
the degree of existing danger to life or well- law. Within forty-eight hours from the
being beyond that which is accepted as proclamation of martial law or the
normal. Implicit in these definitions are the suspension of the privilege of the writ of
elements of intensity, variety, and perception. habeas corpus, the President shall submit a
Emergencies, as perceived by legislature or report in person or in writing to the Congress.
executive in the United Sates have been The Congress, voting jointly, by a vote of at
occasioned by a wide range of situations, least a majority of all its Members in regular
classifiable under three principal heads: (a) or special session, may revoke such
economic, (b) natural disaster, and (c) national proclamation or suspension, which
security. Emergency as contemplated in the revocation shall not be set aside by the
1987 Constitution, is of the same breadth. It President. Upon the initiative of the
may include rebellion, economic crisis, President, the Congress may, in the same
pestilence or epidemic, typhoon, flood, or other manner, extend such proclamation or
similar catastrophe of nationwide proportions suspension for a period to be determined by
or effect. the Congress, if the invasion or rebellion
shall persist and public safety requires it.
In David v. Macapagal-Arroyo, G.R. No.
171396(2006), the Court made it clear that The Congress, if not in session, shall, within
Presidential Proclamation 1017 (Declaring a twenty-four hours following such
State of National Emergency) was woven out proclamation or suspension, convene in
of the “calling out” and “take care” powers of accordance with its rules without any need of
the President joined with the “temporary a call.
takeover” provision under Sec 17, Art XII.
PP1017 purports to grant the President, The Supreme Court may review, in an
without delegation from Congress, to take over appropriate proceeding filed by any citizen,
or direct operation of any privately-owned the sufficiency of the factual basis of the
public utility or business affected with public proclamation of martial law or the
interest. suspension of the privilege of the writ or the
extension thereof, and must promulgate its
The President may declare the existence of a decision thereon within thirty days from its
state of national emergency without filing.
Congressional enactment however the
exercise of emergency powers requires a A state of martial law does not suspend the
operation of the Constitution, nor supplant
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Graduated Powers
the functioning of the civil courts or
Sec. 18, Art. VII grants the President, as
legislative assemblies, nor authorize the
Commander-in-Chief, a “sequence” of
conferment of jurisdiction on military courts
“graduated power[s].” From the most to the
and agencies over civilians where civil courts
least benign, these are: (1) the calling out
are able to function, nor automatically
power, (2) the power to suspend the privilege
suspend the privilege of the writ.
of the writ of habeas corpus, and the (3) power
The suspension of the privilege of the writ to declare martial law. In the exercise of the
latter two powers, the Constitution requires the
shall apply only to persons judicially charged
concurrence of two conditions, namely, an
for rebellion or offenses inherent in or directly
actual invasion or rebellion, and that public
connected with the invasion.
safety requires the exercise of such power.
However, these conditions are not required in
During the suspension of the privilege of the
the exercise of the calling out power. The only
writ, any person thus arrested or detained
criterion is that ‘whenever it becomes
shall be judicially charged within three days,
necessary,’ the President may call the armed
otherwise he shall be released.
forces ‘to prevent or suppress lawless violence,
invasion or rebellion.’ [Sanlakas v. Executive
Commander-in-Chief Powers Secretary, G.R. No. 159085(2004)].
a. He may call out such armed forces to
prevent or suppress lawless violence, a. Calling Out Powers
invasion, or rebellion.
b. He may suspend the privilege of the writ of This is merely a police measure meant to quell
habeas corpus. disorder. As such, the Constitution does not
c. He may proclaim martial law over the entire regulate its exercise radically.
Philippines or any part thereof.
State of Rebellion
The President is the commander-in-chief of all Since the Constitution did not define the term
armed forces of the Philippines. The ability of "rebellion," it must be understood to have the
the President to require a military official to same meaning as the crime of "rebellion" in the
secure prior consent before appearing before Revised Penal Code (RPC).
Congress pertains to a wholly different and
independent specie of presidential authority — In determining the existence of rebellion, the
the commander-in-chief powers of the President only needs to convince himself that
President. By tradition and jurisprudence, the there is probable cause or evidence showing
commander-in-chief powers of the President that more likely than not a rebellion was
are not encumbered by the same degree of committed or is being committed. To require
restriction as that which may attach to him to satisfy a higher standard of proof would
executive privilege or executive control. restrict the exercise of his emergency powers
[Lagman v. Medialdea, G.R. No.
Outside explicit constitutional limitations, the 231658(2017)].
commander-in-chief clause vests in the
President, as commander-in-chief, absolute Suspension of the Privilege of the Writ of
authority over the persons and actions of the Habeas Corpus:
members of the armed forces. Such authority The requisites for suspension of the privilege of
includes the ability of the President to restrict the writ of habeas corpus:
the travel, movement and speech of military 1. There must be an actual invasion or
officers, activities which may otherwise be rebellion; and
sanctioned under civilian law [Gudani v. 2. Public safety requires it.
Senga, G.R. No. 170165(2006)].
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Note that the privilege of the writ is suspended, in the delivery of detained
not the writ itself. The writ is an order from the persons."
court commanding a detaining officer to inform iii. The right to bail shall not be
the court: impaired even when the privilege of
1. If he has the person in custody; and the writ of habeas corpus is
2. His basis for detaining that person suspended. Excessive bail shall
not be required [Art. III, Section 13].
Effects of the Suspension of the Privilege:
a. The suspension of the privilege of the writ The suspension of the privilege does not
applies only to persons “judicially charged” destroy petitioners' right and cause of action for
(should be read as one who is suspected damages for illegal arrest and detention and
of complicity in) for rebellion or offenses other violations of their constitutional rights.
inherent in or directly connected with [Aberca v. Ver, G.R. No. L-69866(1988)].
invasion [Sec. 18, par. 5, Art. VII].
i. Such persons suspected of the The President may exercise the power to call
above can be arrested and out the Armed Forces independently of the
detained without warrant of arrest. power to suspend the privilege of the writ of
ii. The suspension of the privilege habeas corpus and to declare martial law,
does not make the arrest without although, of course, it may also be a prelude to
warrant legal. But the military is, in a possible future exercise of the latter powers,
effect, enabled to make the arrest as in this case [Lagman v. Medialdea, G.R. No.
anyway since, with the suspension 231658 (2017)].
of the privilege, there is no remedy
available against such unlawful Four (4) ways for the Proclamation of Martial
arrest (arbitrary detention). Law or the Suspension of the Privilege of the
iii. The arrest without warrant is Writ of Habeas Corpus to be Lifted:
justified by the emergency situation 1. Lifting by the President himself
and the difficulty in applying for a 2. Revocation by Congress
warrant considering the time and 3. Nullification by the Supreme Court
the number of persons to be 4. Operation of law after 60 days
arrested.
iv. The crime for which he is arrested b. Declaration of Martial Law and
must be one related to rebellion or Suspension of the Privilege of the
invasion. As to others, the Writ of Habeas Corpus; Extension
suspension of the privilege does
not apply.
Requisites in proclaiming Martial Law:
b. During the suspension of the privilege of 1. There must be an in invasion or rebellion
the writ, any person thus arrested or
2. Public safety requires the proclamation of
detained shall be judicially charged within martial law all over the Philippines or in any
3 days, or otherwise he shall be released
part thereof
[Sec. 18(6), Art. VII].
i. The effect therefore is only to The power to declare martial law and to
extend the periods during which he
suspend the privilege of the writ of habeas
can be detained without a warrant. corpus involve curtailment and suppression of
When the privilege is suspended,
civil rights and individual freedom. Thus, the
the period is extended to 72 hours. declaration of martial law serves as a warning
ii. What happens if he is not judicially
to citizens that the Executive Department has
charged nor released after 72
called upon the military assist in the
hours? The public officer becomes
maintenance of law and order, and while the
liable under RPC Art. 125 for "delay
emergency remains, the citizens must, under
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The following cannot be done by a Congress can only so extend the proclamation
proclamation of Martial Law [Sec. 18, Art. VII]: or suspension upon the initiative of the
a. Suspend the operation of the Constitution; President. The period need not be 60 days; it
b. Supplant the functioning of the civil courts could be more, as Congress would determine,
and legislative assemblies based on the persistence of the emergency.
c. Confer jurisdiction upon military courts and
agencies over civilians, where civil courts Note: If Congress fails to act before the
are able to function measure expires, it can no longer extend it until
the President again re-declares the measure.
Open Court Doctrine: Civilians cannot be
tried by military courts if the civil courts are If Congress extends the measure, but before
open and functioning. Martial law usually the period of extension lapses the
contemplates a case where the courts are requirements for the proclamation or
already closed and the civil institutions suspension no longer exist, Congress can lift
have already crumbled, i.e. a "theater of the extension, since the power to confer
war." [Olaguer v. Military Commission No. implies the power to take back.
34, 150 SCRA 144(1987)].
The Role of the Supreme Court [See Sec. 18,
d. Automatically suspend the privilege of the par. 3, Art. VII]
writ of habeas corpus. The President must a. The Supreme Court may review, in an
expressly suspend the privilege. appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of:
The Role of Congress [See Sec. 18, par. 1, 2, i. The proclamation of martial law or
Art. VII] the suspension of the privilege of
a. Congress may revoke the proclamation of the writ, or
martial law or suspension of the privilege of ii. The extension thereof. It must
the writ of habeas corpus before the lapse promulgate its decision thereon
of 60 days from the date of suspension or within 30 days from its filing.
proclamation.
b. Upon such proclamation or suspension, In reviewing the sufficiency of the factual basis
Congress shall convene at once. If it is not of the proclamation or suspension, the Court
in session, it shall convene in accordance considers only the information and data
with its rules without need of a call within available to the President prior to or at the time
24 hours following the proclamation or of the declaration; it is not allowed to
suspension. "undertake an independent investigation
c. Within 48 hours from the proclamation or beyond the pleadings." On the other hand,
the suspension, the President shall submit Congress may take into consideration not only
a report, in person or in writing, to the data available prior to, but likewise events
Congress (meeting in joint session of the supervening the declaration.
action he has taken).
d. The Congress shall then vote jointly, by a Thus, the power to review by the Court and the
majority of all its members. It has two power to revoke by Congress are not only
options: totally different but likewise independent from
1. To revoke such proclamation or each other although concededly, they have the
suspension. When it is so revoked, the same trajectory, which is, the nullification of the
President cannot set aside (or veto) the presidential proclamation. Needless to say, the
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power of the Court to review can be exercised Do Letters of Instruction (LOI) and Presidential
independently from the power of revocation of Decrees issued by the President under the
Congress [Lagman v. Medialdea, G.R. No. 1973 Constitution during Martial Law form part
231658(2017)]. of the laws of the land?
LOIs are presumed to be mere administrative
b. Petition for Habeas Corpus issuances except when the conditions set out
i. When a person is arrested without a in Garcia-Padilla v. Enrile exist.
warrant for complicity in the rebellion or
invasion, he or someone else on his To form part of the law of the land, the decree,
behalf has the standing to question the order or LOI must be
validity of the proclamation or (1) Issued by the President in the exercise
suspension. of his extraordinary power of legislation
ii. Before the SC can decide on the as contemplated in Section 6 of the
legality of his detention, it must first 1976 Amendments to the Constitution
pass upon the validity of the (2) Whenever either
proclamation or suspension. (a) In his judgment there exists a
grave emergency or a threat or
Cf. RA 7055 (1991) "An Act Strengthening imminent thereof,
Civilian Supremacy over the Military by (b) The interim Batasang
Returning to the Civil Courts the Pambansa or the regular
Jurisdiction over Certain Offenses National Assembly fails or is
involving Members of the Armed Forces of unable to act adequately on
the Philippines, other Persons Subject to any matter for any reason that
Military Law, and the Members of the in his judgment requires
Philippine National Police, Repealing for immediate action. [PASEI v.
the Purpose Certain Presidential Decrees" Torres, G.R. No.
101279(1993)].
RA 7055 provides that when these individuals
commit crimes or offenses penalized under the 6. Executive Clemency
RPC, other special penal laws, or local
government ordinances, regardless of whether
a. Nature and Limitations
civilians are co-accused, victims, or offended
parties which may be natural or juridical
persons, they shall be tried by the proper civil Sec. 19, Art. VII. Except in cases of
court, except when the offense, as determined impeachment, or as otherwise provided in
before arraignment by the civil court, is service- this Constitution, the President may grant
connected in which case it shall be tried by reprieves, commutations and pardons, and
court-martial. remit fines and forfeitures, after conviction by
final judgment.
The assertion of military authority over civilians
cannot rest on the President's power as General Exceptions to Executive
Commander in Chief or on any theory of martial Clemencies
law. As long as civil courts remain open and are 1. In case of impeachment; and
regularly functioning, military tribunals cannot 2. As otherwise provided in this Constitution,
try and exercise jurisdiction over civilians for e.g. for election offenses: No pardon,
offenses committed by them and which are amnesty, parole, or suspension of
properly cognizable by civil courts. [Olaguer v. sentence for violation of election laws,
Military Commission No. 34, G.R. No. L- rules, and regulations shall be granted by
54558(1987)]. the President without the favorable
recommendation by the Commission on
Election [Sec. 5, Art. IX].
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Jurisprudence
Amnesty Proclamation No. 76 applies even to Note: It is the President who ratifies a treaty
Hukbalahaps already undergoing sentence (not the Senate), the Senate merely concurs
upon the date of its promulgation. The majority [Bayan v. Executive Secretary, supra]. Thus,
of the Court believes that by its context and the President cannot be compelled to submit a
pervading spirit the proclamation extends to all treaty to the Senate for concurrence; he has
members of the Hukbalahap [Tolentino v. the sole power to submit it to the Senate and/or
Catoy, G.R. No. L-2503(1948)]. to ratify it [Bayan Muna v. Romulo, G.R. No.
159618(2011)].
The SC agreed with the Sandiganbayan that in
fact the petitioners were expressly disqualified Military Bases Treaty
from amnesty. The acts for which they were
Sec. 25, Art. XVIII. After the expiration in
convicted were ordinary crimes without any
1991 of the Agreement between the
political complexion and consisting only of
Philippines and the United States of America
diversion of public funds to private profit. The
concerning Military Bases, foreign military
amnesty proclamation covered only acts in the
bases, troops, or facilities shall not be
furtherance of resistance to duly constituted
allowed in the Philippines except under a
authorities of the Republic and applies only to
treaty duly concurred in by the Senate and,
members of the MNLF, or other anti-
when the Congress so requires, ratified by a
government groups [Macagaan v. People, G.R.
majority of the votes cast by the people in a
No. 77317-50(1987)].
national referendum held for that purpose,
and recognized as a treaty by the other
7. Diplomatic Power contracting State.
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c. The Chief Executive is the sole and Through the budget, therefore, the President
exclusive judge of the existence of facts reveals the priorities of the government.
which would warrant the deportation of
aliens [Go Tek v. Deportation Board, G.R. Program of Expenditure
No. L-23846(1977)]. Even upon the enactment of the General
Appropriations Act, the release of funds from
8. Powers Relative to the Treasury is still subject to a Program of
Expenditure, proposed by the Secretary of
Appropriation Measures Budget, to be approved by the President, and
such approved program of expenditure is to be
Contracting and guaranteeing foreign loans the basis for the release of funds [TESDA v.
Requisites for contracting and guaranteeing COA, G.R. No. 204869(2014); Section 34,
foreign loans: Chapter 5, Book VI of the Administrative Code].
a. With the concurrence of the monetary
board [Sec. 20, Art. VIII] Fixing of Tariff Rates [Sec. 28, Art. VI]
b. Subject to limitations as may be The Congress may, by law, authorize the
provided by law [Sec. 2, Art. XII] President to fix (1) within specified limits, and
c. Information on foreign loans obtained (2) subject to such limitations and restrictions
or guaranteed shall be made available as it may impose:
to the public [Sec. 2, Art. XII] a. Tariff rates;
b. Import and export quotas;
Cf. R.A. 4860 c. Tonnage and wharfage dues;
d. Other duties or imposts within the
Role of Congress in such Foreign Loans: framework of the national development
The President does not need prior approval by program of the government
Congress
a. Because the Constitution places the Rationale for delegation: Highly technical
power to check the President’s power nature of international commerce, and the
on the Monetary Board; need to constantly and with relative ease adapt
b. BUT Congress may provide guidelines the rates to prevailing commercial standards.
and have them enforced through the
Monetary Board
9. Delegated powers
Preparing and Submitting the Budget
Principle: The President, under martial rule or
Sec. 22, Art. VII. The President shall submit
in a revolutionary government, may exercise
to the Congress within thirty (30) days from
delegated legislative powers [See Sec. 23(2),
the opening of every regular session, as the
Art. VI]. Congress may delegate legislative
basis of the general appropriations bill, a
powers to the president in times of war or in
budget of expenditures and sources of
other national emergencies [BERNAS].
financing, including receipts from existing
and proposed revenue measures.
Emergency powers [Sec. 23, Art. VI]
a. In times of war or other national
The budget is the plan indicating: emergency, the Congress, may, by law,
a. Expenditures of the government; authorize the President, for a limited
b. Sources of financing; and period, and subject to such restrictions as
c. Receipts from revenue-raising measures it may prescribe, to exercise powers
necessary and proper to carry out a
The budget is the upper limit of the declared national policy
appropriations bill to be passed by Congress.
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Natural-born citizen
The SC and its members should not and
Age cannot be required to exercise any power or to
perform any trust or to assume any duty not
At least 40 At least 35 At least 30 pertaining to or connected with the
years of years of age years of age administering of judicial functions [Meralco v.
age Pasay Transportation Co., G.R. No. L-37838
Experience (1932)].
15 years or Has been Has been
more as a engaged for engaged for 2. Judicial and Bar Council
judge of a at least 10 at least 5
lower court years in the years in the a. Composition
OR has practice of practice of
been law OR has law OR has Ex-officio members [Sec. 8(1), Art. VIII]
engaged in held public held public a. Chief Justice as ex-officio Chairman
the office in the office in the b. Secretary of Justice
practice of PH requiring PH requiring c. One representative of Congress
law in the admission to admission to
PH for the the practice the practice Regular members [Sec. 8(1), Art. VIII]
same of law as an of law as an a. Representative of the Integrated Bar
period indispensable indispensable b. Professor of law
requisite requisite c. Retired member of the SC
Tenure [Sec. 11, Art. VIII] d. Representative of private sector
Hold office during good behavior until they
Secretary ex-officio [Sec. 8(3), Art. VIII,
reach the age of 70 OR become
Const.]: Clerk of Court of the SC, who shall
incapacitated to discharge their duties
keep a record of its proceedings; not a member
Qualifications [Sec. 7(3), Art. VIII]
of the JBC.
Person of proven competence, integrity,
probity, and independence In the absence of the Chief Justice because of
his impeachment, the most Senior Justice of
Note: “Practice of law” is not confined to the Supreme Court, who is not an applicant for
litigation. It means any activity in and out of Chief Justice, should participate in the
court, which requires the application of law, deliberations for the selection of nominees for
legal procedure, knowledge, training and the said vacant post and preside over the
proceedings, pursuant to Section 12 of
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Republic Act No. 296, or the Judiciary Act of Supervisory authority of SC over JBC
1948 [Famela Dulay v. Judicial and Bar The supervisory authority of the Court over the
Council, G.R. No. 202143 (2012)]. JBC covers the overseeing of compliance with
its rules [Jardeleza v. Judicial and Bar Council,
Appointment, Tenure, Salary of JBC G.R. No. 213181 (2014)].
Members
Ex-officio members: the position in the Council Supervisory power, when contrasted with
is good only while the person is the occupant control, is the power of mere oversight over an
of the office. inferior body; it does not include any restraining
authority over such body. [Aguinaldo v. Aquino,
Only ONE representative from Congress: G.R. No. 224302 (2016)].
Former practices of giving ½ vote or 1 full vote
each for the Chairmen of the House and Procedure of Appointment
Senate Committees on Justice is invalid. Any
The JBC shall submit a list of three (3)
member of Congress, whether from the upper
nominees for every vacancy to the President
or lower house, is constitutionally empowered
[Sec. 9, Art. VIII]
to represent the entire Congress.
↓
The framers intended the JBC to be composed
Any vacancy in the Supreme Court shall be
of 7 members only. Intent is for each co-equal
filed within ninety (90) days from the
branch of government to have one
occurrence thereof [Sec. 4(1), Art. VIII]
representative. There is no dichotomy between
the Senate and HOR when Congress interacts
For lower courts, the President shall issue
with other branches. The lone representative
the appointment within ninety (90) days from
from Congress is entitled to one full vote
the submission by the JBC of such list [Sec.
[Chavez v. JBC, G.R. No. 202242 (2012)].
9, Art. VIII]
Regular Members [Sec. 8(2), Art. VIII]: The
regular members shall be appointed by the Note: The prohibition against midnight
President with the consent of the Commission appointments does not apply to the judiciary
on Appointments. [See De Castro v. JBC, G.R. No. 191002
(2010)].
The term of the regular members is 4 years.
But the term of those initially appointed shall be
staggered in the following way so as to create
continuity in the council: D. THE SUPREME COURT
1. IBP representative: 4 years
2. Law professor: 3 years
3. Retired justice: 2 years
4. Private sector: 1 year 1. Composition
a. Chief Justice and 14 Associate Justices
b. Powers
b. May sit en banc or in divisions of three, five,
or seven members
Primary Function: Recommend appointees to
c. Vacancy shall be filled within 90 days from
the judiciary; may exercise such other
the occurrence thereof
functions and duties as the SC may assign to
d. Strict Composition: There is but one
it. [Sec. 8(5), Art. VIII]
Supreme Court whose membership
appointments are permanent [Vargas v.
Note: Judges may not be appointed in any
Rilloraza, G.R No. L-1612 (1948)]
acting or temporary capacity as this would
undermine the independence of the judiciary.
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How many divisions can it have? suspension of the privilege of the writ [Sec.
18, Art. VII]
2 divisions 7 members
g. When sitting as Presidential Electoral
3 divisions 5 members Tribunal [Sec. 4(7), Art. VII]
h. All other cases which under the Rules of
5 divisions 3 members Court are required to be heard by the SC
en banc. [Sec. 4(2), Art. VIII]
En banc
Requirements and Procedures in Divisions
a. Cases decided with the concurrence of a
Note: They have full discretion on the number majority of the Members who actually took
of divisions. Right now, they sit in 3 Divisions. part in the deliberations and voted
b. In no case without the concurrence of at
En Banc and Division Cases least three (3) of such Members
En banc: Cases decided with the concurrence c. When a required number is not obtained,
of a majority of the Members who actually took the case shall be decided en banc.
part in the deliberations and voted. i. Cases v. Matters. Only cases are
referred to En Banc for decision
Instances when the SC Sits En Banc when required votes are not
a. Those involving the constitutionality, obtained.
application, or operation of: ii. Cases are of first instance; matters
1. Treaty are those after the first instance,
2. Orders e.g. MRs and post-decision
3. International or executive agreement motions.
4. Law iii. Failure to resolve a motion
5. Presidential decrees because of a tie does not leave the
6. Instructions case undecided. MR is merely lost
7. Proclamations [See Fortrich v. Corona, G.R. No.
8. Ordinances 131457 (1998)].
9. Other regulations
The SC En Banc is not an appellate court vis-
b. Exercise of the power to discipline judges à-vis its Divisions. The only constraint is that
of lower courts, or order their dismissal any doctrine or principle of law laid down by the
[Sec. 11, Art. VIII] Court, either rendered en banc or in division,
c. Discipline of judges can be done by a may be overturned or reversed only by the
division, BUT En Banc decides cases for Court sitting en banc [PUP v. Firestone
dismissal, disbarment, suspension for Ceramics, G.R. No. 143513 (2001)].
more than 1 year, or fine of more than
P10,000 [People v. Gacott, G.R. No. There is but one Supreme Court of the
116049 (1995)] Philippine Islands. It is the jurisdiction of this
d. Cases or matters heard by a Division Supreme Court, which cannot be diminished.
where the required number of votes to The Supreme Court remains a unit
decide or resolve these is not met [Sec. notwithstanding it works in divisions. Although
4(3), Art. VIII] it may have two divisions, it is but a single
e. Modifying or reversing a doctrine or court. Actions considered in any one of these
principle of law laid down by the court in a divisions and decisions rendered therein are, in
decision rendered en banc or in division effect, by the same Tribunal. The two divisions
[Sec. 4(3), Art. VIII] of this court are not to be considered as two
f. Actions instituted by citizens to test the separate and distinct courts but as divisions of
validity of a proclamation of Martial law or
one and the same court [US v. Limsiongco, G.
R. No. 16217 (1920)].
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Administrative Supervision Over Lower This provision is merely directory and failure to
Courts decide on time would not deprive the
Administrative Powers of the Supreme Court corresponding courts of jurisdiction or render
a. Assign temporarily judges of lower courts their decisions invalid [De Roma v. CA, G.R.
to other stations as public interest may No. L-46903 (1987)].
require;
b. Shall not exceed 6 months without the The failure to decide cases within the 90-day
consent of the judge concerned; period required by law constitutes a ground for
c. Order a change of venue or place of trial to administrative liability against the defaulting
avoid a miscarriage of justice; judge. [People v. Mendoza, G.R. No. 143702
d. Appoint all officials and employees of the (2001)].
Judiciary in accordance with the Civil
Service Law; The Sandiganbayan, while of the same level as
e. Supervision over all courts and the the Court of Appeals, functions as a trial court.
personnel thereof; Therefore, the period for deciding cases which
f. Discipline judges of lower courts or order applies to the Sandiganbayan is the three (3)
their dismissal. month period, not the twelve (12) month period
[In Re: Problems of Delays in Cases before the
Note: The qualifications of judges of lower Sandiganbayan, A. M. No. 00-8-05- SC
courts as stated by the Constitution are (2001)].
minimum requirements. The JBC may
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Appellate Jurisdiction [Sec. 5(2), Art. VIII]: on Finality of Judgments: A decision that has
appeal or certiorari (as the Rules of Court acquired finality becomes immutable and
provide), SC may review, revise, reverse, unalterable and may no longer be modified in
modify, or affirm final judgments and orders of any respect even if the modification is meant to
lower courts in: correct erroneous conclusions of fact or law
a. Cases involving the constitutionality or and whether it was made by the court that
validity of any treaty, international or rendered it or by the highest court of the land
executive agreement, law, presidential [Genato v. Viola, G.R. No. 169706 (2010)].
decree, proclamation, order, instruction,
ordinance, or regulation, except in Exceptions
circumstances where the Court believes a. The correction of clerical errors;
that resolving the issue of constitutionality b. Nunc pro tunc entries which cause no
of a law or regulation at the first instance is prejudice to any party;
of paramount importance and immediately c. Void judgments;
affects the social, economic and moral d. Whenever circumstances transpire after
well-being of the people [Moldex Realty v. the finality of the decision rendering its
HLURB, G.R. No. 149719 (2007)]; execution unjust and inequitable.
b. Cases involving the legality of any tax,
impost, assessment, or toll, or any penalty Note: “Finality of Judgment” means that while
imposed in relation thereto; the court loses jurisdiction to amend, alter, and
c. Cases in which the jurisdiction of any lower modify the decision, it does not lose its power
court is in issue; over the case with respect to enforcement and
d. Criminal cases where the penalty imposed execution. The Court can suspend the
is reclusion perpetua or higher; enforcement of a sentence. Presidential
reprieve does not preclude Court control over
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3. Members of the Commission who were not affected by the hold-over. The tenure may
appointed for a full term of seven (7) years be shorter than the term for reasons within or
and who served the entire period, are beyond the power of the incumbent.
barred from reappointment to any position
in the Commission. The first appointees in
the Commission under the Constitution are
B. POWERS AND FUNCTIONS;
COMPOSITION AND
also covered by the prohibition against
QUALIFICATIONS OF MEMBERS
reappointment.
4. A commissioner who resigns after serving
CIVIL SERVICE COMMISSION
in the Commission for less than seven (7)
years is eligible for an appointment as Sec. 3, Art. IX-B. The Civil Service
Chairman for the unexpired portion of the Commission, as the central personnel
term of the departing chairman. Such agency of the Government, shall establish a
appointment is not covered by the ban on career service and adopt measures to
reappointment, provided that the promote morale, efficiency, integrity,
aggregate period of the length of service responsiveness, progressiveness, and
will not exceed seven (7) years and courtesy in the civil service. It shall
provided further that the vacancy in the strengthen the merit and rewards system,
position of Chairman resulted from death, integrate all human resources development
resignation, disability or removal by programs for all levels and ranks, and
impeachment. This is not a reappointment, institutionalize a management climate
but effectively a new appointment conducive to public accountability. It shall
(considered a promotion). submit to the President and the Congress an
5. Any member of the Commission cannot be annual report on its personnel programs.
appointed or designated in a temporary or
acting capacity [Funa v. Commission on
Functions
Audit, G.R. No. 192791 (2012)].
a. In the exercise of its powers to implement
R.A. No. 6850, the CSC enjoys a wide
Term of Office of each Commission Member
latitude of discretion, and may not be
The terms of the first Chairman and
compelled by mandamus [Torregoza v.
Commissioners of the Constitutional
Civil Service Commission, G.R. No.
Commissions under the 1987 Constitution
101526 (1992)].
must start on a common date, irrespective of
b. Under the Administrative Code of 1987,
the variations in the dates of appointments and
the Civil Service Commission has the
qualifications of the appointees, in order that
power to hear and decide administrative
the expiration of the first terms of seven (7), five
cases instituted before it directly or on
(5), and three (3) years should lead to the
appeal, including contested appointments.
regular recurrence of the two (2) year interval
c. The Commission has original jurisdiction
between the expiration of the terms. This
to hear and decide a complaint for
common appropriate starting point must be on
cheating in the Civil Service examinations
February 2, 1987, the date of the adoption of
committed by government employees
the 1987 Constitution [Gaminde v. Commission
[Cruz v. CSC, G.R. No. 144464 (2001)].
on Audit, G. R. No. 140335 (2000)].
d. It is the intent of the Civil Service Law, in
requiring the establishment of a grievance
Term – the time during which the officer may
procedure, that decisions of lower level
claim to hold office as of right, and fixes the
officials (in cases involving personnel
interval after which the several incumbents actions) be appealed to the agency head,
shall succeed one another. then to the Civil Service Commission
[Olanda v. Bugayong, G.R. No. 140917
Tenure – term during which the incumbent (2003)].
actually holds the office. The term of office is
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As the central personnel agency of the 1. Open career positions: Where prior
government, the CSC has broad authority to qualification in an appropriate
pass upon all civil service matters. The examination is required.
mandate of the CSC should therefore be read 2. Closed career positions: e.g. scientific
as the comprehensive authority to perform all or highly technical in nature;
functions necessary to ensure the efficient 3. Career Executive Service: e.g.
administration of the entire civil service, undersecretaries, bureau directors
including the Central Executive Service (CES). 4. Career Officers: Other than those
[Career Executive Service Board v. Civil belonging to the Career Executive
Service Commission, G.R. No. 197762 (2017)]. Service who are appointed by the
President, e.g. those in the foreign
Scope of the Civil Service service
Embraces all branches, subdivisions, 5. Positions in the AFP, although
instrumentalities and agencies of the governed by a different merit system
Government, including GOCCs with original 6. Personnel of GOCCs with original
charters [Sec. 2(1), Art. IX-B, Constitution]. charters
7. Permanent laborers, whether skilled,
The Civil Service does not include government- semiskilled or unskilled
owned or controlled corporations which are b. Non-career Service: Characterized by
organized as subsidiaries of government- entrance on bases other than those of the
owned or controlled corporations under the usual tests utilized for the career service;
general corporation law [National Service tenure limited to a period specified by law,
Corp. v. NLRC, G.R. No. L-69870 (1988)]. or which is co-terminus with that of the
appointing authority or subject to his
Composition pleasure, or which is limited to the duration
A Chairman and two (2) Commissioners 1. Elective officials, and their personal
and confidential staff;
Qualifications: [Sec. 1(1), Art. IX-B] 2. Department heads and officials of
a. Natural-born citizens of the Philippines; Cabinet rank who hold office at the
b. At the time of their appointment, at least 35 pleasure of the President, and their
years of age; personal and confidential staff;
c. With proven capacity for public 3. Chairmen and members of
administration; and commissions and bureaus with fixed
d. Must not have been candidates for any terms;
elective position in the election 4. Contractual personnel;
immediately preceding their appointment. 5. Emergency and seasonal personnel.
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no role in the choice of the person to be Removal or Suspension only for Cause
appointed [BERNAS at 1052] No officer or employee of the civil service shall
be removed or suspended except for cause
General Rule: Made only according to merit provided by law. [Sec. 2 (2)]
and fitness to be determined, as far as
practicable, by competitive examination COMMISSION ON ELECTIONS
Power to declare failure of election: The valid if it reaches into speech of persons
COMELEC may exercise such power motu who are not candidates or who do not
proprio or upon a verified petition, and the speak as members of a political party if
hearing of the case shall be summary in they are not candidates, only if what is
nature [Sison v. COMELEC, G.R. No. regulated is declarative speech that, taken
134096 (1998)]. as a whole, has for its principal object the
endorsement of a candidate only.
e. File petitions in court for inclusion or
exclusion of voters The regulation (a) should be provided by
f. Investigate and prosecute cases of law, (b) reasonable, (c) narrowly tailored to
violations of election laws meet the objective of enhancing the
opportunity of all candidates to be heard
Note: RA 9369 (Sec. 43) of the Automated and considering the primacy of the
Election System Law of January, 2007 guarantee of free expression, and (d)
grants to the Department of Justice demonstrably the least restrictive means to
concurrent jurisdiction to investigate and achieve that object. The regulation must
prosecute violations of election law. only be with respect to the time, place and
manner of the rendition of the message. In
However, the COMELEC may validly no situation may the speech be prohibited
delegate this power to the Provincial Fiscal or censored on the basis of its content.
[People v. Judge Basilia, G.R. No. 83938- [The Diocese of Bacolod v. COMELEC, GR
40 (1989)]. No. 205728, January 21, 2015].
g. Recommend pardon, amnesty, parole or
suspension of sentence of election law Note: This power may be exercised only
violators over the media, not over practitioners of
h. Deputize law enforcement agencies and media. Thus, a COMELEC resolution
instrumentalities of the Government for the prohibiting radio and TV commentators and
exclusive purpose of ensuring free, newspaper columnists from commenting
orderly, honest, peaceful, and credible on the issues involved in the forthcoming
elections plebiscite for the ratification of the organic
i. Recommend to the President the removal law establishing the CAR was held invalid
of any officer or employee it has deputized [Sanidad v. COMELEC, G.R. No. L-44640
for violation or disregard of, or (1976)].
disobedience to its directive
j. Registration of political parties, l. Decide election cases
organizations and coalitions and The Commission on Elections may sit en
accreditation of citizens’ arms banc or in two divisions and shall
k. Regulation of public utilities and media of promulgate its rules of procedure in order
information to expedite disposition of election cases.
[Sec. 3, Art. IX-C].
While respondent COMELEC cited the
Constitution, laws and jurisprudence to Cases which must be heard by division
support their position that they had the a. All election cases, including pre-
power to regulate the tarpaulin, however, proclamation contests originally
all these provisions pertain to candidates cognizable by the Commission in the
and political parties. xxx COMELEC does exercise of its powers under Sec. 2(2), Art
not have the authority to regulate the IX-C.
enjoyment of the preferred right to freedom
of expression exercised by a non- Pre-proclamation contests or controversies
candidate. Regulation of election are election cases which are instituted prior
paraphernalia will still be constitutionally to the proclamation of the winning
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Natural-born citizen
The SC and its members should not and
Age cannot be required to exercise any power or to
perform any trust or to assume any duty not
At least 40 At least 35 At least 30 pertaining to or connected with the
years of years of age years of age administering of judicial functions [Meralco v.
age Pasay Transportation Co., G.R. No. L-37838
Experience (1932)].
15 years or Has been Has been
more as a engaged for engaged for 2. Judicial and Bar Council
judge of a at least 10 at least 5
lower court years in the years in the a. Composition
OR has practice of practice of
been law OR has law OR has Ex-officio members [Sec. 8(1), Art. VIII]
engaged in held public held public a. Chief Justice as ex-officio Chairman
the office in the office in the b. Secretary of Justice
practice of PH requiring PH requiring c. One representative of Congress
law in the admission to admission to
PH for the the practice the practice Regular members [Sec. 8(1), Art. VIII]
same of law as an of law as an a. Representative of the Integrated Bar
period indispensable indispensable b. Professor of law
requisite requisite c. Retired member of the SC
Tenure [Sec. 11, Art. VIII] d. Representative of private sector
Hold office during good behavior until they
Secretary ex-officio [Sec. 8(3), Art. VIII,
reach the age of 70 OR become
Const.]: Clerk of Court of the SC, who shall
incapacitated to discharge their duties
keep a record of its proceedings; not a member
Qualifications [Sec. 7(3), Art. VIII]
of the JBC.
Person of proven competence, integrity,
probity, and independence In the absence of the Chief Justice because of
his impeachment, the most Senior Justice of
Note: “Practice of law” is not confined to the Supreme Court, who is not an applicant for
litigation. It means any activity in and out of Chief Justice, should participate in the
court, which requires the application of law, deliberations for the selection of nominees for
legal procedure, knowledge, training and the said vacant post and preside over the
proceedings, pursuant to Section 12 of
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Republic Act No. 296, or the Judiciary Act of Supervisory authority of SC over JBC
1948 [Famela Dulay v. Judicial and Bar The supervisory authority of the Court over the
Council, G.R. No. 202143 (2012)]. JBC covers the overseeing of compliance with
its rules [Jardeleza v. Judicial and Bar Council,
Appointment, Tenure, Salary of JBC G.R. No. 213181 (2014)].
Members
Ex-officio members: the position in the Council Supervisory power, when contrasted with
is good only while the person is the occupant control, is the power of mere oversight over an
of the office. inferior body; it does not include any restraining
authority over such body. [Aguinaldo v. Aquino,
Only ONE representative from Congress: G.R. No. 224302 (2016)].
Former practices of giving ½ vote or 1 full vote
each for the Chairmen of the House and Procedure of Appointment
Senate Committees on Justice is invalid. Any
The JBC shall submit a list of three (3)
member of Congress, whether from the upper
nominees for every vacancy to the President
or lower house, is constitutionally empowered
[Sec. 9, Art. VIII]
to represent the entire Congress.
↓
The framers intended the JBC to be composed
Any vacancy in the Supreme Court shall be
of 7 members only. Intent is for each co-equal
filed within ninety (90) days from the
branch of government to have one
occurrence thereof [Sec. 4(1), Art. VIII]
representative. There is no dichotomy between
the Senate and HOR when Congress interacts
For lower courts, the President shall issue
with other branches. The lone representative
the appointment within ninety (90) days from
from Congress is entitled to one full vote
the submission by the JBC of such list [Sec.
[Chavez v. JBC, G.R. No. 202242 (2012)].
9, Art. VIII]
Regular Members [Sec. 8(2), Art. VIII]: The
regular members shall be appointed by the Note: The prohibition against midnight
President with the consent of the Commission appointments does not apply to the judiciary
on Appointments. [See De Castro v. JBC, G.R. No. 191002
(2010)].
The term of the regular members is 4 years.
But the term of those initially appointed shall be
staggered in the following way so as to create
continuity in the council: D. THE SUPREME COURT
1. IBP representative: 4 years
2. Law professor: 3 years
3. Retired justice: 2 years
4. Private sector: 1 year 1. Composition
a. Chief Justice and 14 Associate Justices
b. Powers
b. May sit en banc or in divisions of three, five,
or seven members
Primary Function: Recommend appointees to
c. Vacancy shall be filled within 90 days from
the judiciary; may exercise such other
the occurrence thereof
functions and duties as the SC may assign to
d. Strict Composition: There is but one
it. [Sec. 8(5), Art. VIII]
Supreme Court whose membership
appointments are permanent [Vargas v.
Note: Judges may not be appointed in any
Rilloraza, G.R No. L-1612 (1948)]
acting or temporary capacity as this would
undermine the independence of the judiciary.
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How many divisions can it have? suspension of the privilege of the writ [Sec.
18, Art. VII]
2 divisions 7 members
g. When sitting as Presidential Electoral
3 divisions 5 members Tribunal [Sec. 4(7), Art. VII]
h. All other cases which under the Rules of
5 divisions 3 members Court are required to be heard by the SC
en banc. [Sec. 4(2), Art. VIII]
En banc
Requirements and Procedures in Divisions
a. Cases decided with the concurrence of a
Note: They have full discretion on the number majority of the Members who actually took
of divisions. Right now, they sit in 3 Divisions. part in the deliberations and voted
b. In no case without the concurrence of at
En Banc and Division Cases least three (3) of such Members
En banc: Cases decided with the concurrence c. When a required number is not obtained,
of a majority of the Members who actually took the case shall be decided en banc.
part in the deliberations and voted. i. Cases v. Matters. Only cases are
referred to En Banc for decision
Instances when the SC Sits En Banc when required votes are not
a. Those involving the constitutionality, obtained.
application, or operation of: ii. Cases are of first instance; matters
1. Treaty are those after the first instance,
2. Orders e.g. MRs and post-decision
3. International or executive agreement motions.
4. Law iii. Failure to resolve a motion
5. Presidential decrees because of a tie does not leave the
6. Instructions case undecided. MR is merely lost
7. Proclamations [See Fortrich v. Corona, G.R. No.
8. Ordinances 131457 (1998)].
9. Other regulations
The SC En Banc is not an appellate court vis-
b. Exercise of the power to discipline judges à-vis its Divisions. The only constraint is that
of lower courts, or order their dismissal any doctrine or principle of law laid down by the
[Sec. 11, Art. VIII] Court, either rendered en banc or in division,
c. Discipline of judges can be done by a may be overturned or reversed only by the
division, BUT En Banc decides cases for Court sitting en banc [PUP v. Firestone
dismissal, disbarment, suspension for Ceramics, G.R. No. 143513 (2001)].
more than 1 year, or fine of more than
P10,000 [People v. Gacott, G.R. No. There is but one Supreme Court of the
116049 (1995)] Philippine Islands. It is the jurisdiction of this
d. Cases or matters heard by a Division Supreme Court, which cannot be diminished.
where the required number of votes to The Supreme Court remains a unit
decide or resolve these is not met [Sec. notwithstanding it works in divisions. Although
4(3), Art. VIII] it may have two divisions, it is but a single
e. Modifying or reversing a doctrine or court. Actions considered in any one of these
principle of law laid down by the court in a divisions and decisions rendered therein are, in
decision rendered en banc or in division effect, by the same Tribunal. The two divisions
[Sec. 4(3), Art. VIII] of this court are not to be considered as two
f. Actions instituted by citizens to test the separate and distinct courts but as divisions of
validity of a proclamation of Martial law or
one and the same court [US v. Limsiongco, G.
R. No. 16217 (1920)].
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Administrative Supervision Over Lower This provision is merely directory and failure to
Courts decide on time would not deprive the
Administrative Powers of the Supreme Court corresponding courts of jurisdiction or render
a. Assign temporarily judges of lower courts their decisions invalid [De Roma v. CA, G.R.
to other stations as public interest may No. L-46903 (1987)].
require;
b. Shall not exceed 6 months without the The failure to decide cases within the 90-day
consent of the judge concerned; period required by law constitutes a ground for
c. Order a change of venue or place of trial to administrative liability against the defaulting
avoid a miscarriage of justice; judge. [People v. Mendoza, G.R. No. 143702
d. Appoint all officials and employees of the (2001)].
Judiciary in accordance with the Civil
Service Law; The Sandiganbayan, while of the same level as
e. Supervision over all courts and the the Court of Appeals, functions as a trial court.
personnel thereof; Therefore, the period for deciding cases which
f. Discipline judges of lower courts or order applies to the Sandiganbayan is the three (3)
their dismissal. month period, not the twelve (12) month period
[In Re: Problems of Delays in Cases before the
Note: The qualifications of judges of lower Sandiganbayan, A. M. No. 00-8-05- SC
courts as stated by the Constitution are (2001)].
minimum requirements. The JBC may
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Appellate Jurisdiction [Sec. 5(2), Art. VIII]: on Finality of Judgments: A decision that has
appeal or certiorari (as the Rules of Court acquired finality becomes immutable and
provide), SC may review, revise, reverse, unalterable and may no longer be modified in
modify, or affirm final judgments and orders of any respect even if the modification is meant to
lower courts in: correct erroneous conclusions of fact or law
a. Cases involving the constitutionality or and whether it was made by the court that
validity of any treaty, international or rendered it or by the highest court of the land
executive agreement, law, presidential [Genato v. Viola, G.R. No. 169706 (2010)].
decree, proclamation, order, instruction,
ordinance, or regulation, except in Exceptions
circumstances where the Court believes a. The correction of clerical errors;
that resolving the issue of constitutionality b. Nunc pro tunc entries which cause no
of a law or regulation at the first instance is prejudice to any party;
of paramount importance and immediately c. Void judgments;
affects the social, economic and moral d. Whenever circumstances transpire after
well-being of the people [Moldex Realty v. the finality of the decision rendering its
HLURB, G.R. No. 149719 (2007)]; execution unjust and inequitable.
b. Cases involving the legality of any tax,
impost, assessment, or toll, or any penalty Note: “Finality of Judgment” means that while
imposed in relation thereto; the court loses jurisdiction to amend, alter, and
c. Cases in which the jurisdiction of any lower modify the decision, it does not lose its power
court is in issue; over the case with respect to enforcement and
d. Criminal cases where the penalty imposed execution. The Court can suspend the
is reclusion perpetua or higher; enforcement of a sentence. Presidential
reprieve does not preclude Court control over
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3. Members of the Commission who were not affected by the hold-over. The tenure may
appointed for a full term of seven (7) years be shorter than the term for reasons within or
and who served the entire period, are beyond the power of the incumbent.
barred from reappointment to any position
in the Commission. The first appointees in
the Commission under the Constitution are
B. POWERS AND FUNCTIONS;
COMPOSITION AND
also covered by the prohibition against
QUALIFICATIONS OF MEMBERS
reappointment.
4. A commissioner who resigns after serving
CIVIL SERVICE COMMISSION
in the Commission for less than seven (7)
years is eligible for an appointment as Sec. 3, Art. IX-B. The Civil Service
Chairman for the unexpired portion of the Commission, as the central personnel
term of the departing chairman. Such agency of the Government, shall establish a
appointment is not covered by the ban on career service and adopt measures to
reappointment, provided that the promote morale, efficiency, integrity,
aggregate period of the length of service responsiveness, progressiveness, and
will not exceed seven (7) years and courtesy in the civil service. It shall
provided further that the vacancy in the strengthen the merit and rewards system,
position of Chairman resulted from death, integrate all human resources development
resignation, disability or removal by programs for all levels and ranks, and
impeachment. This is not a reappointment, institutionalize a management climate
but effectively a new appointment conducive to public accountability. It shall
(considered a promotion). submit to the President and the Congress an
5. Any member of the Commission cannot be annual report on its personnel programs.
appointed or designated in a temporary or
acting capacity [Funa v. Commission on
Functions
Audit, G.R. No. 192791 (2012)].
a. In the exercise of its powers to implement
R.A. No. 6850, the CSC enjoys a wide
Term of Office of each Commission Member
latitude of discretion, and may not be
The terms of the first Chairman and
compelled by mandamus [Torregoza v.
Commissioners of the Constitutional
Civil Service Commission, G.R. No.
Commissions under the 1987 Constitution
101526 (1992)].
must start on a common date, irrespective of
b. Under the Administrative Code of 1987,
the variations in the dates of appointments and
the Civil Service Commission has the
qualifications of the appointees, in order that
power to hear and decide administrative
the expiration of the first terms of seven (7), five
cases instituted before it directly or on
(5), and three (3) years should lead to the
appeal, including contested appointments.
regular recurrence of the two (2) year interval
c. The Commission has original jurisdiction
between the expiration of the terms. This
to hear and decide a complaint for
common appropriate starting point must be on
cheating in the Civil Service examinations
February 2, 1987, the date of the adoption of
committed by government employees
the 1987 Constitution [Gaminde v. Commission
[Cruz v. CSC, G.R. No. 144464 (2001)].
on Audit, G. R. No. 140335 (2000)].
d. It is the intent of the Civil Service Law, in
requiring the establishment of a grievance
Term – the time during which the officer may
procedure, that decisions of lower level
claim to hold office as of right, and fixes the
officials (in cases involving personnel
interval after which the several incumbents actions) be appealed to the agency head,
shall succeed one another. then to the Civil Service Commission
[Olanda v. Bugayong, G.R. No. 140917
Tenure – term during which the incumbent (2003)].
actually holds the office. The term of office is
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As the central personnel agency of the 1. Open career positions: Where prior
government, the CSC has broad authority to qualification in an appropriate
pass upon all civil service matters. The examination is required.
mandate of the CSC should therefore be read 2. Closed career positions: e.g. scientific
as the comprehensive authority to perform all or highly technical in nature;
functions necessary to ensure the efficient 3. Career Executive Service: e.g.
administration of the entire civil service, undersecretaries, bureau directors
including the Central Executive Service (CES). 4. Career Officers: Other than those
[Career Executive Service Board v. Civil belonging to the Career Executive
Service Commission, G.R. No. 197762 (2017)]. Service who are appointed by the
President, e.g. those in the foreign
Scope of the Civil Service service
Embraces all branches, subdivisions, 5. Positions in the AFP, although
instrumentalities and agencies of the governed by a different merit system
Government, including GOCCs with original 6. Personnel of GOCCs with original
charters [Sec. 2(1), Art. IX-B, Constitution]. charters
7. Permanent laborers, whether skilled,
The Civil Service does not include government- semiskilled or unskilled
owned or controlled corporations which are b. Non-career Service: Characterized by
organized as subsidiaries of government- entrance on bases other than those of the
owned or controlled corporations under the usual tests utilized for the career service;
general corporation law [National Service tenure limited to a period specified by law,
Corp. v. NLRC, G.R. No. L-69870 (1988)]. or which is co-terminus with that of the
appointing authority or subject to his
Composition pleasure, or which is limited to the duration
A Chairman and two (2) Commissioners 1. Elective officials, and their personal
and confidential staff;
Qualifications: [Sec. 1(1), Art. IX-B] 2. Department heads and officials of
a. Natural-born citizens of the Philippines; Cabinet rank who hold office at the
b. At the time of their appointment, at least 35 pleasure of the President, and their
years of age; personal and confidential staff;
c. With proven capacity for public 3. Chairmen and members of
administration; and commissions and bureaus with fixed
d. Must not have been candidates for any terms;
elective position in the election 4. Contractual personnel;
immediately preceding their appointment. 5. Emergency and seasonal personnel.
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no role in the choice of the person to be Removal or Suspension only for Cause
appointed [BERNAS at 1052] No officer or employee of the civil service shall
be removed or suspended except for cause
General Rule: Made only according to merit provided by law. [Sec. 2 (2)]
and fitness to be determined, as far as
practicable, by competitive examination COMMISSION ON ELECTIONS
Power to declare failure of election: The valid if it reaches into speech of persons
COMELEC may exercise such power motu who are not candidates or who do not
proprio or upon a verified petition, and the speak as members of a political party if
hearing of the case shall be summary in they are not candidates, only if what is
nature [Sison v. COMELEC, G.R. No. regulated is declarative speech that, taken
134096 (1998)]. as a whole, has for its principal object the
endorsement of a candidate only.
e. File petitions in court for inclusion or
exclusion of voters The regulation (a) should be provided by
f. Investigate and prosecute cases of law, (b) reasonable, (c) narrowly tailored to
violations of election laws meet the objective of enhancing the
opportunity of all candidates to be heard
Note: RA 9369 (Sec. 43) of the Automated and considering the primacy of the
Election System Law of January, 2007 guarantee of free expression, and (d)
grants to the Department of Justice demonstrably the least restrictive means to
concurrent jurisdiction to investigate and achieve that object. The regulation must
prosecute violations of election law. only be with respect to the time, place and
manner of the rendition of the message. In
However, the COMELEC may validly no situation may the speech be prohibited
delegate this power to the Provincial Fiscal or censored on the basis of its content.
[People v. Judge Basilia, G.R. No. 83938- [The Diocese of Bacolod v. COMELEC, GR
40 (1989)]. No. 205728, January 21, 2015].
g. Recommend pardon, amnesty, parole or
suspension of sentence of election law Note: This power may be exercised only
violators over the media, not over practitioners of
h. Deputize law enforcement agencies and media. Thus, a COMELEC resolution
instrumentalities of the Government for the prohibiting radio and TV commentators and
exclusive purpose of ensuring free, newspaper columnists from commenting
orderly, honest, peaceful, and credible on the issues involved in the forthcoming
elections plebiscite for the ratification of the organic
i. Recommend to the President the removal law establishing the CAR was held invalid
of any officer or employee it has deputized [Sanidad v. COMELEC, G.R. No. L-44640
for violation or disregard of, or (1976)].
disobedience to its directive
j. Registration of political parties, l. Decide election cases
organizations and coalitions and The Commission on Elections may sit en
accreditation of citizens’ arms banc or in two divisions and shall
k. Regulation of public utilities and media of promulgate its rules of procedure in order
information to expedite disposition of election cases.
[Sec. 3, Art. IX-C].
While respondent COMELEC cited the
Constitution, laws and jurisprudence to Cases which must be heard by division
support their position that they had the a. All election cases, including pre-
power to regulate the tarpaulin, however, proclamation contests originally
all these provisions pertain to candidates cognizable by the Commission in the
and political parties. xxx COMELEC does exercise of its powers under Sec. 2(2), Art
not have the authority to regulate the IX-C.
enjoyment of the preferred right to freedom
of expression exercised by a non- Pre-proclamation contests or controversies
candidate. Regulation of election are election cases which are instituted prior
paraphernalia will still be constitutionally to the proclamation of the winning
papers within reach of accounting officers. factual findings of the Commission [Aratuc v.
[Euro-Med Laboratories, Phil. Inc. v. Province COMELEC, G.R. No. L-49705-09 (1999)].
of Batangas, G.R. No. 148106 (2006)]
Synthesis on the Rules of Modes of Review
No jurisdiction over their validity or 1. Decisions, order or ruling of the
constitutionality: The jurisdiction of the COA Commissions in the exercise of their quasi-
over money claims against the government judicial functions may be reviewed by the
does not include the power to rule on the Supreme Court.
constitutionality or validity. 2. The mode of review is a petition for
certiorari under Rule 64 (not Rule 65).
3. Exception: The Rules of Civil Procedure,
E. REVIEW OF FINAL ORDERS,
however, provides for a different legal route
RESOLUTIONS, AND in the case of the Civil Service
DECISIONS Commission. In the case of CSC, Rule 43
Rendered in Exercise of Quasi-Judicial will be applied, and the case will be brought
Functions to the Court of Appeals.
Exceptions
C. ACQUISITION, OWNERSHIP, AND 1. Hereditary succession [Sec. 7, Art. XII]
TRANSFER OF PUBLIC AND
2. A natural-born citizen of the Philippines who
PRIVATE LANDS
has lost his Philippine citizenship may be a
transferee of private lands, subject to
Lands of the Public Domain are classified into:
limitations provided by law. [Sec. 8, Art. XII]
1. Agricultural Lands
2. Forest or Timber Lands
3. Mineral Lands
The primary purpose of the constitutional
4. National Park [Sec. 3, Art. XII]
prohibition disqualifying aliens from acquiring
lands of the public domain and private lands is
Note: The classification of public lands is a
the conservation of the national economy and
function of the executive branch, specifically
patrimony. [Muller v. Muller, G.R. 149615
the Director of the Land Management Bureau
(2006)].
(formerly Director of Lands). The decision of
the Director, when approved by the Secretary
Consequence of sale to non-citizens: Any sale
of the DENR, as to questions of fact, is
or transfer in violation of the prohibition is null
conclusive upon the courts [Republic v.
and void [Ong Ching Po v. CA, G.R. No.
Imperial, G.R. No. 130906, (1999)].
113472-73 (1994)]. When a disqualified
foreigner later sells it to a qualified owner (e.g.
Alienable lands of the public domain shall be
Filipino citizen), the defect is cured. The
limited to agricultural lands [Sec. 3, Art. XII].
qualified buyer owns the land [See Godinez v.
Pak Luen, G.R. No L-36731 (1983)].
To prove that the land subject of an application
for registration is alienable, an applicant must
Can a former owner file an action to recover the
conclusively establish the existence of a
property? Yes. The Court in Philippine Banking
positive act of the government such as a
Corp. v. Lui She [G.R. No. L-17587 (1967)]
presidential proclamation or an executive order
provided an exception to the application of the
or a legislative act or statute [Republic v.
principle of in pari delicto. Thus, the action will
Candymaker, Inc., G.R. No. 163766 (2006)].
lie.
Foreshore land is that part of the land which is
However, land sold to an alien which was later
between the high and low water, and left dry by
transferred to a Filipino citizen OR when the
the flux and reflux of the tides. It is part of the
alien later becomes a Filipino citizen can no
alienable land of the public domain and may be
longer be recovered by the vendor, because
disposed of only by lease and not otherwise
there is no longer any public policy involved
[Republic v. Imperial, supra].
[Sarsosa vda. de Barsobia v. Cuenco, G.R. No.
L-33048 (1982); Republic v. IAC, G.R. No.
Citizens of the Philippines may lease not more
74170 (1989].
than 500 ha. or acquire not more than 12
hectares thereof by purchase, homestead, or
Foreigners are allowed to own condominium
grant [Sec. 3, Art. XII].
units and shares in condominium corporations
up to not more than 40% of the total and
Private Lands
outstanding capital stock of a Filipino-owned or
General Rule: No private lands shall be
controlled corporation. Under this set up, the
transferred or conveyed except to individuals,
ownership of the land is legally separated from
corporations, or associations qualified to
the unit itself. The land is owned by a
acquire or hold lands of the public domain [Sec.
Condominium Corporation and the unit owner
7, Art. XII].
is simply a member in this Condominium
Corporation. As long as 60% of the members
of this Condominium Corporation are Filipinos,
Sec. 14, Art. XII. The practice of all Sec. 18, Art. XII. The State may, in the
professions in the Philippines shall be limited interest of national welfare or defense,
to Filipino citizens, save in the case establish and operate vital industries and,
prescribed by law. upon payment of just compensation, transfer
to public ownership utilities and other private
enterprises to be operated by the
Like the legal profession, the practice of
Government.
medicine is not a right but a privilege burdened
with conditions as it directly involves the very
lives of the people. A fortiori, this power F. MONOPOLIES, RESTRAINT OF
includes the power of Congress to prescribe TRADE AND UNFAIR
the qualifications for the practice of professions
COMPETITION
or trades which affect the public welfare, the
public health, the public morals, and the public
safety; and to regulate or control such Sec. 19, Art. XII. The State shall regulate or
professions or trades, even to the point of prohibit monopolies when the public interest
revoking such right altogether [Imbong v. so requires. No combinations in restraint of
Ochoa, supra]. trade or unfair competition shall be allowed.
The Philippines allows Japanese nationals to The Constitution does not totally prohibit the
practice the medical profession, provided he operation of monopolies. It mandates the State
has taken and passed the medical board to regulate them when public interest so
examination and upon submission of a proof of requires [Eastern Assurance & Surety
reciprocity between Japan and the Philippines Corporation v. LTFRB, G.R. No. 149717
in admitting foreigners into the practice of (2003)].
medicine. It is enough that the laws in the
foreign country permit a Filipino to get license Monopolies are not per se prohibited by the
and practice therein. xxx However, the power Constitution but may be permitted to exist to aid
to regulate the exercise of a profession or the government in carrying on an enterprise or
pursuit of an occupation cannot be exercised to aid in the performance of various services
by the State or its agents in an arbitrary, and functions in the interest of the public.
despotic or oppressive manner [Board of Nonetheless, a determination must first be
Medicine v. Ota, G.R. No. 166097 (2008)]. made as to whether public interest requires a
monopoly. [Agan, Jr. v. PIATCO, G.R. No. Social justice means the promotion of the
155001 (2003)]. welfare of all the people, the adoption by the
Government of measures calculated to insure
Despite the fact that our present Constitution economic stability of all the competent
enshrines free enterprise as a policy, elements of society, through the maintenance
nonetheless, the Government reserves the of a proper economic and social equilibrium in
power to intervene to promote the general the interrelations of the members of the
welfare. Free enterprise does not call for community, constitutionally, through the
removal of protective regulations. It must be adoption of measures legally justifiable, or
clearly explained and proven by competent extra-constitutionally, through the exercise of
evidence just exactly how such protective powers underlying the existence of all
regulation would result in the restraint of trade governments on the time-honored principle of
[Pest Management Association of the salus populi est suprema lex.
Philippines v. Fertilizer and Pesticide Authority
cited in Pharmaceutical and Health Care Social justice, therefore, must be founded on
Association of the Philippines v. Duque, G.R. the recognition of the necessity of
173034 (2007)]. interdependence among divers and diverse
units of a society and of the protection that
should be equally and evenly extended to all
groups as a combined force in our social and
SOCIAL JUSTICE AND economic life, consistent with the fundamental
and paramount objective of the state of
HUMAN RIGHTS promoting the health, comfort, and quiet of all
persons, and of bringing about "the greatest
A. CONCEPT OF SOCIAL good to the greatest number" [Calalang v.
Williams, G.R. 47800 (1940)].
JUSTICE
B. ECONOMIC, SOCIAL, AND
Sec. 10, Art. II. The State shall promote CULTURAL RIGHTS
social justice in all phases of national
development.
Economic and Social
Sec. 18, Art. II. The State affirms labor as a
Sec. 1, Art. XIII. The Congress shall give primary social economic force. It shall
highest priority to the enactment of measures protect the rights of workers and promote
that protect and enhance the right of all the their welfare.
people to human dignity, reduce social,
economic, and political inequalities, and
remove cultural inequities by equitably Sec. 3, Art. XIII. The State shall afford full
diffusing wealth and political power for the protection to labor, local and overseas,
common good. To this end, the State shall organized and unorganized, and promote full
regulate the acquisition, ownership, use, and employment and equality of employment
disposition of property and its increments. opportunities for all.
work, and a living wage. They shall also In the implementation of such program the
participate in policy and decision-making State shall respect the rights of small
processes affecting their rights and benefits property owners.
as may be provided by law. [xxx]
1. Powers
Sec. 5, Art. XII. The State, subject to the
provisions of this Constitution and national I. Investigate, on its own or on complaint by any
development policies and programs, shall party, all forms of human rights violations
protect the rights of indigenous cultural involving civil and political rights;
communities to their ancestral lands to II. Adopt its operational guidelines and rules of
ensure their economic, social, and cultural procedure, and cite for contempt for
well-being. violations thereof in accordance with the
Rules of Court;
III. Provide appropriate legal measures for the
Sec. 15, Art. XIV. Arts and letters shall enjoy protection of human rights of all persons
the patronage of the State. The State shall within the Philippines, as well as Filipinos
conserve, promote, and popularize the residing abroad, and provide for preventive
nation’s historical and cultural heritage and measures and legal aid services to the
resources, as well as artistic creations. underprivileged whose human rights have
been violated or need protection;
IV. Exercise visitorial powers over jails, prisons,
Sec. 17, Art. XIV. The State shall recognize, or detention facilities;
respect, and protect the rights of indigenous V. Establish a continuing program of research,
cultural communities to preserve and education, and information to enhance
develop their cultures, traditions, and respect for the primacy of human rights;
institutions. It shall consider these rights in VI. Recommend to Congress effective
the formulation of national plans and measures to promote human rights and to
policies. provide for compensation to victims of
violations of human rights, or their families;
VII. Monitor the Philippine Government's
C. COMMISSION ON compliance with international treaty
HUMAN RIGHTS obligations on human rights;
VIII. Grant immunity from prosecution to any
person whose testimony or whose
possession of documents or other evidence
Sec. 17, Art. XIII. (1) There is hereby created
is necessary or convenient to determine the
an independent office called the Commission
truth in any investigation conducted by it or
on Human Rights.
under its authority;
IX. Request the assistance of any department,
xxx
bureau, office, or agency in the performance
of its functions;
(3) Until this Commission is constituted, the
X. Appoint its officers and employees in
existing Presidential Committee on Human
accordance with law; and
Rights shall continue to exercise its present
XI. Perform such other duties and functions as
functions and powers.
may be provided by law. [Sec. 18, Art. XIII]
xxx
The Constitution clearly and categorically
grants to the Commission the power to
investigate all forms of human rights violations
involving civil and political rights. But it cannot
try and decide cases (or hear and determine
causes) as courts of justice, or even quasi-
judicial bodies do. To investigate is not to
adjudicate or adjudge. [Cariño v. CHR, G.R.
No. 96681 (1991)].
2. Composition and
Qualification of Members
CONSTITUTIONAL LAW II
POLITICAL LAW
2. Relation to Human Rights diffusing wealth and political power for the
common good.
Primacy of human rights (doctrine of
hierarchy of rights or doctrine of preferred Due process is a guaranty against any
freedoms) arbitrariness on the part of the government,
While the Bill of Rights also protects property whether committed by the legislature, the
rights, the primacy of human rights over executive or the judiciary. [Cruz, p. 205]
property rights is recognized. In the hierarchy
of civil liberties, the rights of free expression The due process clause has to do with the
and of assembly occupy a preferred position as reasonableness of legislation enacted in
they are essential to the preservation and pursuance of the police power. xxx The test or
vitality of civil institutions [Philippine Blooming standard, as always, is reason. The police
Mills Employment Organization v. Philippine power legislation must be firmly grounded on
Blooming Mills, Co., supra] public interest and welfare, and a reasonable
relation must exist between purposes and
General Purpose means. [Ichong v. Hernandez, supra].
The purpose of the Bill of Rights is to withdraw
"certain subjects from the vicissitudes of Definition
political controversy, to place them beyond the Due process furnishes a standard to which the
reach of majorities and officials, and to governmental action should conform in order
establish them as legal principles to be applied that deprivation of life, liberty or property, in
by the courts. One's rights to life, liberty and each appropriate case, be valid. The standard
property, to free speech, or free press, freedom is responsiveness to the supremacy of reason,
of worship and assembly, and other obedience to the dictates of justice. It has been
fundamental rights may not be submitted to a identified as freedom from arbitrariness.
vote; they depend on the outcome of no [Ermita-Malate Hotel and Motel Operators
elections" [West Virginia State Board of Association v. City of Manila, supra]
Education v. Barnette, 319 U.S. 624, 638
(1943)]. Constitutional Due Statutory Due
Process Process
SPECIFIC PURPOSES Protects the individual Found in the Labor
from the government Code and Implementing
1. To preserve democratic ideals
and assures him of his Rules protects
2. To safeguard fundamental rights rights in criminal, civil, or employees from being
3. To promote the happiness of an individual administrative unjustly terminated
proceedings. without just cause after
notice and hearing.
Lack or deficiency in Lack or deficiency in
B. DUE PROCESS OF LAW constitutional procedural statutory procedural due
due process voids the process does NOT void
decision made by the the decision of the
Section 1, Article III. – No person shall be State. corporation or company,
if the dismissal is found
deprived of life, liberty, or property without
to have been made with
due process of law, nor shall any person be just cause. It would only
denied the equal protection of the laws. give rise to claims for
nominal damages.
[Agabon v. NLRC, G.R. No. 158693, (2004)]
Sec. 1, Art. XIII. – The Congress shall give
highest priority to the enactment of measures
Scope
that protect and enhance the right of all the
Universal in application to all persons without
people to human dignity, reduce social,
regard to any difference in race, color or
economic, and political inequalities, and
nationality. Artificial persons are covered by the
remove cultural inequities by equitably
protection but only insofar as their property is The term cannot be dwarfed into mere freedom
concerned [Smith Bell and Co. v. Natividad, from physical restraint of the person of the
G.R. No. 15574 (1919)]. citizen, but is deemed to embrace the right of
man to enjoy the faculties with which he has
The guarantee extends to aliens and includes been endowed by his Creator, subject only to
the means of livelihood [Villegas v. Hiu Chiong, such restraints as are necessary for the
G.R. No. L-29646 (1978)]. common welfare. [Id.]
of the need to protect the general welfare from is as much an issue of due process as of
a clear and present danger. jurisdiction [Sarmiento v. Raon, G.R. No.
131482 (2002)].
The conclusive presumption bars the
admission of contrary evidence as long as such 3. The defendant must be given an
presumption is based on human experience or opportunity to be heard; and
there is a rational connection between the fact 4. Judgment must be rendered upon lawful
proved and the fact ultimately presumed hearing.
therefrom. 5. No decision shall be rendered by any court
without expressing therein clearly and
Instances when the need for expeditious distinctly the facts and the law on which it
action will justify omission of these is based. No petition for review or motion
requisites, (e.g. summary abatement of a for reconsideration of a decision of the
nuisance per se like a mad dog on the loose, court shall be refused due course or
which may be killed on sight) because of the denied without stating the legal basis
immediate danger it poses to the safety and therefor. [Sec. 14, Art. VIII]
lives of the people.
Note: The SC reiterated that the right to appeal
Pornographic materials, contaminated is not a natural right nor part of due process; it
meat and narcotic drugs are inherently is merely a statutory privilege, and may be
pernicious and may be summarily destroyed. exercised only in the manner and in
The passport of a person sought for a accordance with the provisions of law [Alba v.
criminal offense may be cancelled without Nitorreda, G.R. No. 120223 (1996)].
hearing, to compel his return to the country he
has fled Note: The allowance or denial of motions for
extension rests principally on the sound
Filthy restaurants may be summarily discretion of the court to which it is addressed,
padlocked in the interest of the public health but such discretion must be exercised wisely
and bawdy houses to protect the public morals. and prudently, with a view to substantial
[Ynot v. IAC, G.R. No. 74457. March 20, 1987] justice. Poverty is recognized as a sufficient
ground for extending the existing period for
i. Due Process in Judicial filing. The right to appeal is part of due process
Proceedings of law [Reyes v. CA, G.R. No. L-41680 (1977)].
RATIONALE:
The Due Process Clause of the Constitution
is a limitation on governmental powers. It
does not apply to the exercise of private
power, such as the termination of
employment under the Labor Code.
Notice and hearing are required under the
Due Process Clause before the power of
organized society are brought to bear upon
the individual. This is obviously not the case
of termination of employment under Art. 283.
The employer cannot really be expected to
be entirely an impartial judge of his own
cause.
Levels of Scrutiny
There are three levels of scrutiny at which the Court reviews the constitutionality of a classification
embodied in a law.
[This doctrine] can only be invoked against that equal protection of the law [Smith, Bell and
species of legislation that is utterly vague on its Co., v. Natividad, supra].
face, i.e., that which cannot be clarified either b. A corporation is also protected against
by a saving clause or by construction. The test unreasonable searches and seizures
in determining whether a criminal statute is [Stonehill v. Diokno, G.R. No. L-19550
void for uncertainty is whether the language (1967)].
conveys a sufficiently definite warning as to the c. It can only be proceeded against by due
proscribed conduct. It must be stressed, process of law, and is protected against
however, that the vagueness doctrine merely unlawful discrimination [Bache and Co. v.
requires a reasonable degree of certainty for Ruiz, G.R. No. L- 32409 (1971)].
the statute to be upheld – not absolute
precision or mathematical exactitude [Estrada
v. Sandiganbayan, G.R. No. 148560 (2001)].
2. Requisites for Valid
C. EQUAL PROTECTION Classification
OF LAWS 1. It must rest on substantial distinctions
which make for real differences;
1. Concept 2. It must be germane to the purpose of the
law;
All persons or things similarly situated must be 3. It must not be limited to existing conditions
similarly treated both as to rights conferred and only
responsibilities imposed. 4. It must apply equally to all members of the
same class
Similar subjects, in other words, should not be
treated differently, so as to give undue favor to Presumption of Validity
some and unjustly discriminate against others All classifications made by law are generally
[Ichong v. Hernandez, supra]. presumed to be valid unless shown otherwise
by petitioner [Lacson v. Executive Secretary,
The equal protection clause does not require G.R. No. 128096 (1999)].
the universal application of the laws on all
persons or things without distinction. What the Rule on Aliens
clause requires is equality among equals as General Rule: A legislative act may not validly
determined according to a valid classification. classify the citizens of the State on the basis of
their origin, race or parentage.
By classification is meant the grouping of
persons or things similar to each other in Exceptions
certain particulars and different from all others a. In times of great and imminent danger,
in these same particulars [The Philippine such as a threatened invasion or war, such
Judges Association v. Prado, G.R. No. 105371, a classification is permitted by the
(1993)]. Constitution when the facts so warrant
(e.g. discriminatory legislation against
Scope Japanese citizens during WWII).
Natural and juridical persons (the equal b. The political rights of aliens do not enjoy
protection clause extends to artificial persons the same protection as that of citizens.
but only insofar as their property is concerned.) c. Statutes may validly limit to citizens
exclusively the enjoyment of rights or
a. A corporation as an artificial person is privileges connected with the public
protected under the Bill of Rights against domain, the public works, or the natural
denial of due process, and it enjoys the resources of the State. The rights and
interests of the state in these things are not status. It is akin to a distinction based on
simply political but also proprietary in economic class and status, with the higher
nature; and so the citizens may lawfully be. grades as recipients of a benefit specifically
withheld from the lower grades. Officers of the
3. Levels of Scrutiny BSP now receive higher compensation
packages that are competitive with the
Serrano v. Gallant Maritime [G.R. No. 167614 industry, while the poorer, low-salaried
(2009)] introduced a modification in equal employees are limited to the rates prescribed
protection jurisprudence by using the three- by the SSL. The implications are quite
level review used in due process cases. disturbing: BSP rank-and-file employees are
paid the strictly regimented rates of the SSL
In effect, the level of review when it comes to while employees higher in rank — possessing
equal protection challenges may follow the higher and better education and opportunities
following format: for career advancement — are given higher
compensation packages to entice them to stay.
a. Rational Basis Test
The classification should bear a reasonable Considering that majority, if not all, the rank-
relation to the government’s purpose or and-file employees consist of people whose
legitimate state interest. status and rank in life are less and limited,
especially in terms of job marketability, it is they
Note: This test is important when there is no — and not the officers — who have the real
plausible difference between the economic and financial need for the
disadvantaged class and those not adjustment. This is in accord with the policy of
disadvantaged, and when the government the Constitution "to free the people from
attaches a morally irrelevant and negative poverty, provide adequate social services,
significance to a difference between the extend to them a decent standard of living, and
advantaged and the disadvantaged. improve the quality of life for all." Any act of
Congress that runs counter to this
b. Intermediate Scrutiny Test constitutional desideratum deserves strict
The Court accepts the articulated purpose of scrutiny by this Court before it can pass muster
the legislation, but it closely scrutinizes the [Central Bank Employees Association v. BSP,
relationship between the classification and the G.R. No. 148208 (2004)].
purpose based on a spectrum of standards, by
gauging the extent to which constitutionally In upholding the constitutionality of an
guaranteed rights depend upon the affected ordinance imposing curfew upon minors in
individual interest. Quezon City, the Supreme Court resorted to
the strict scrutiny test and ruled that under our
Government must show that the challenged legal system's own recognition of a minor's
classification serves an important state interest inherent lack of full rational capacity, and
and that the classification is at least balancing the same against the State's
substantially related to serving that interest. compelling interest to promote juvenile safety
Applicable to certain sensitive but not suspect and prevent juvenile crime, it finds that the
classes; certain important but not fundamental curfew imposed is reasonably justified with its
interest. narrowly drawn exceptions and hence, not
constitutionally infirm [SPARK v. Quezon City,
c. Strict Scrutiny Test G.R. No. 225442 (2017)].
A corporation is entitled to immunity, under the 1, Rule 126, Rules of Criminal Procedure,
4th Amendment, against unreasonable Rules of Court]
searches and seizures. A corporation is, after
all, an association of individuals under an
assumed name and with a distinct legal entity. Purpose: to gain evidence to convict
In organizing itself as a collective body it
waives no constitutional immunities 2. A Warrant of Arrest is a written order
appropriate to such body. [Bache and Co. v. issued and signed by a magistrate (judge
Ruiz, G.R. No. L-32409 (1971)]. in our jurisdiction) directed to a peace
officer or some other person specially
1. Concept of Privacy named, commanding him to arrest the
body of a person named in it, who is
Zones of privacy are recognized and accused of an offense [Brown v. State, 109
protected in our laws. Within these zones, any Ala. 70, 20 South 103]
form of intrusion is impermissible unless
excused by law and in accordance with Purpose: to acquire jurisdiction over the
customary legal process. person of the accused
The examining magistrate must not simply The testimony must be based on the own
rehash the contents of the affidavit but must personal knowledge of the complainant and of
make his own inquiry on the intent and the witnesses, not mere hearsay or information
justification of the application. [Roan v. from a “reliable source” [Alvarez v. CFI, G.R.
Gonzales, G.R. No. 71410 (1984)] No. L-45358 (1937)].
giving the government a heavy burden to G.R. No. 102653 (1992); Osmeña v.
show justification for the imposition of such COMELEC, G.R. No. 132231 (1998)]
restraint [New York Times Co. v. US, 403 ● Film censorship: The power of the MTRCB
U.S. 713 (1971)]. can be exercised only for purposes of
2. There need not be total suppression. Even reasonable classification, not censorship.
restriction of circulation constitutes [NACHURA, citing Gonzalez v. Katigbak,
censorship [Grosjean v. American Press G.R. No. L-69500 (1985) and Ayer Prod.
Co., Inc., 297 U.S. 233 (1936)]. PTY. LTD. v. Judge Capulong, G.R. No.
82380 (1988)]
Examples of Unconstitutional Prior Restraint
● COMELEC prohibition against radio Subsequent Punishment
commentators and newspaper columnists Freedom of speech includes freedom after
from commenting on the issues involved in speech. Without this assurance, citizens would
a scheduled plebiscite. [Sanidad v. hesitate to speak for fear that they might be
COMELEC, G.R. No. 90878 (1990)]
provoking the vengeance of the officials they
● Arbitrary closure of a radio station [Eastern criticized (chilling effect).
Broadcasting v. Dans, Jr., G.R. No. L-
59329 (1985)]; or even when there is legal Examples of Valid Subsequent Punishment
justification, such as lack of mayor’s ● Libel – Every defamatory imputation is
permit [Newsounds Broadcasting Network presumed to be malicious, even if it be
v. Dy, supra]
true. [Alonzo v. CA, G.R. No. 110088
● COMELEC resolution prohibiting the (1995)]
posting of decals and stickers in mobile
units such as cars and other vehicles. Exceptions to the Presumption [Art. 354,
[Adiong v. COMELEC, G.R. No. 103956 Revised Penal Code]
(1992)]
● Private communication in the performance
● Searching, padlocking, and sealing of the of any legal, moral, or social duty
offices of newspaper publishers by military ● Fair and true report of any judicial,
authorities. [Burgos v. Chief of Staff, G.R. legislative, or other official proceedings
No. L-64261 (1984)
● Obscenity – Determination of what is
● An announcement by a public official obscene is a judicial function. [Pita v. CA,
prohibiting the media from airing or G.R. No. 80806 (1989)]
broadcasting the Garci tapes. [Chavez v. ● Contempt for criticism or publications
Gonzales, supra]
tending to impede, obstruct, embarrass, or
influence the courts in administering
Examples of Constitutional Prior Restraint justice in a pending suit or proceeding
● Law which prohibits, except during the (subjudice) [People v. Alarcon, G.R. No.
prescribed election period, making 46551 (1939)]
speeches, announcements, or ● Right of students to free speech on school
commentaries for or against the election of premises must not infringe on the school’s
any candidate for office. [Gonzales v. right to discipline its students. [Miriam
COMELEC, G.R. No. L-27833 (1969)]
College Foundation v. CA, G.R. No.
● Prohibiting any person making use of the 127930 (2000)]
media from selling or giving print space or
air time free of charge for campaign or Exceptions
other political purposes. Ratio: Police 1. Fair comment on matters of public
power of the State to regulate media for interest – Fair comment is that which is
the purpose of ensuring equal opportunity, true or, if false, expresses the real opinion
time, and space for political campaigns, of the author based upon reasonable
which COMELEC is authorized to carry degree of care and on reasonable grounds
out. [National Press Club v. COMELEC,
3. The government interest is unrelated to [Salonga v. Cruz Paño, G.R. No. L-59524
the
suppression of free expression;
(1985)].
4. The incident restriction is no greater
than
essential to the furtherance of that d. Specificity of regulation and
interest. [US v. O’Brien, 391 U.S. 367 overbreadth doctrine
(1968)]
General Rule: A party can question the validity
CONTENT-BASED CONTENT- of a statute only if, as applied to him, it is
NEUTRAL unconstitutional. [Southern Hemisphere v.
Object of restraint Anti-Terrorism Council, G.R. No. 178552
The content: The Incidents of (2010)].
message or idea of speech: the time,
the expression. manner, place of the Exception: Facial challenges
expression in public
places, not the A facial challenge may be directed against a
content. vague statute or to one which is overbroad
Test because of the possible “chilling effect” the
a. Clear and Only a substantial statute will have on protected speech. The
present danger governmental theory is that “[w]hen statutes regulate or
test: There must be interest is required proscribe speech and no readily apparent
a clear and present for its validity. construction suggests itself as a vehicle for
danger of a rehabilitating the statutes in a single
substantive evil that Intermediate prosecution, the transcendent value to all
the State has a right approach: society of constitutionally protected expression
to prevent [Reyes v. Somewhere is deemed to justify allowing attacks on
Bagatsing, supra]. between the mere overly broad statutes with no requirement
b. Balancing of rationality that is that the person making the attack
interests required of any other demonstrate that his own conduct could
c. Dangerous law and the not be regulated by a statute drawn with
Tendency compelling interest narrow specificity” [Gooding v. Wilson, 405
d. Direct Incitement standard applied to U.S. 518 (1972)].
content- based
restrictions [Chavez The possible harm to society in permitting
v. Gonzales, supra]. some unprotected speech to go unpunished is
outweighed by the possibility that the
c. Incitement and advocacy protected speech of others may be
deterred, and perceived grievances left to
Criticism of the government, no matter how fester because of possible inhibitory effects of
severe, is within the range of liberty of speech, overly broad statutes.
unless the intention and effect be seditious
[People v. Perez, G.R. No. 21049 (1923)]. This rationale does not apply to penal statutes
without a free speech aspect. Criminal statutes
Direct Incitement Test have general in terrorem effect resulting from
Political discussion even among those their very existence and, if facial challenges
opposed to the present administration is within were allowed for this reason alone, the State
the protective clause of freedom of speech and may well be prevented from enacting laws
expression. The same cannot be construed as against socially harmful conduct. In the area of
subversive activities per se or as evidence of criminal law, the law cannot take chances as in
membership in a subversive organization the area of free speech [Southern Hemisphere
v. Anti- Terrorism Council, supra].
However, said doctrine applies to penal Regulation of speech in the context of electoral
statutes when: campaigns made by persons who are not
a. The statute is challenged as applied; or
candidates or who do not speak as members
b. The statute involves free speech [Disini v. of a political party which are, taken as a whole,
Sec. of Justice, supra]. principally advocacies of a social issue that the
public must consider during elections is
Overbreadth Doctrine unconstitutional.
The statute must be carefully drawn or be
authoritatively construed to punish only Regulation of election paraphernalia will still be
unprotected speech and not be susceptible of constitutionally valid if it reaches into speech of
application to protected expression [Gooding v. persons who are not candidates or who do not
Wilson, supra]. speak as members of a political party if they are
not candidates, only if what is regulated is
A law may be invalidated as overbroad if a declarative speech that, taken as a whole, has
substantial number of its applications are for its principal object the endorsement of a
unconstitutional, judged in relation to the candidate only.
statute’s plainly legitimate sweep [US v.
Stevens, 559 U.S. 460 (2010)]. The regulation should be:
1. provided by law,
A governmental purpose may not be achieved 2. reasonable,
through means which sweep too broadly and 3. narrowly tailored to meet the objective of
thereby invade the area of protected freedoms. enhancing the opportunity of all candidates
to be heard and considering the primacy of
Void For Vagueness Doctrine the guarantee of free expression, and
A statute establishing a criminal offense must 4. demonstrably the least restrictive means to
define the offense with sufficient definiteness achieve that object. [Diocese of Bacolod v.
that persons of ordinary intelligence can COMELEC, supra.]
understand what conduct is prohibited by the
statute. It can only be invoked against that f. Speech regulation in relation to
specie of legislation that is utterly vague on its media
face, i.e. that which cannot be clarified either
by a saving clause or by construction. Sec. 11(1), Art. XVI. xxx The advertising
industry is impressed with public interest,
A statute or act may be said to be vague when and shall be regulated by law for the
it lacks comprehensible standards that men of protection of consumers and the promotion
common intelligence must necessarily guess at of the general welfare. xxx
its meaning and differ in its application [Estrada
v. Sandiganbayan, G.R. No. 148560 (2001)]. The Court pronounced that the freedom of
broadcast media is lesser than that of the press
e. Speech regulation in relation to because of its pervasive presence in the lives
election of people and because of their accessibility to
children.
The regulation must only be with respect to
the time, place, and manner of the rendition The interest of society and the maintenance of
of the message. In no situation may the good government demand a full discussion of
speech be prohibited or censored on the basis public affairs. Complete liberty to comment on
of its content. For this purpose, it will not matter the conduct of public men is a scalpel in the
whether the speech is made with or on private case of free speech. The sharp incision of its
property. probe relieves the abscesses of officialdom.
Men in public life may suffer under a hostile and
unjust accusation; the wound can be assuaged
with the balm of clear conscience [US v. b. Also, there must be reasonable
Bustos, supra]. apprehension about its imminence. It does
not suffice that the danger is only probable
Four Aspects of Freedom of the Press [Gonzalez v. Katigbak, supra].
1. Freedom from prior restraint;
2. Freedom from punishment subsequent to Limited intrusion into a person’s privacy is
publication;
permissible when that person is a public figure
3. Freedom of access to information; and and the information sought to be published is
4. Freedom of circulation [Chavez v. of a public character.
Gonzales, supra]
What is protected is the right to be free from
Print vs. Broadcast Media unwarranted publicity, from the wrongful
While all forms of communication are entitled publicizing of the private affairs of an individual
to the broad protection of freedom of which are outside the realm of public concern
expression clause, the freedom of film, [Ayer Prod. PTY. LTD. v. Judge Capulong,
television, and radio broadcasting is somewhat supra].
lesser than the freedom accorded to
newspapers and other print media [Chavez v. Television Censorship
Gonzales, supra]. P.D. No. 1986 gave the MTRCB the power to
screen, review, and examine all television
Radio and television are accorded less programs.
protection because of:
a. The scarcity of the frequencies by By the clear terms of the law, the Board has the
which the medium operates, i.e., power to “approve, delete, or prohibit the
airwaves are physically limited while exhibition and/or television broadcasts of
print medium may be limitless;
television programs.” The law also directs
b. Its pervasiveness as a medium; and
the Board to apply contemporary Filipino
c. Its unique accessibility to children [FCC culture values as the standard to determine
v. Pacifica
Foundation, 438 U.S. 726 those which are objectionable for being
(1978)].
immoral, indecent, contrary to law and/or good
customs, injurious to the prestige of the
But all forms of media, whether print or Republic of the Philippines and its people, or
broadcast, are entitled to the broad protection with a dangerous tendency to encourage the
of the freedom of expression clause. The test commission of a violence or of a wrong or a
for limitations on freedom of expression crime.
continues to be the clear and present danger
test [Eastern Broadcasting v. Dans, Jr., supra]. The law gives the Board the power to screen,
review and examine all “television programs”,
Movie Censorship whether religious, public affairs, news
When the MTRCB rated the movie “Kapit sa documentary, etc. [Iglesia ni Cristo v. CA,
Patalim” as fit “for adults only”, the SC ruled supra].
that there was no grave abuse of discretion.
Notwithstanding the fact that freedom of
Censorship is allowable only under the religion has been accorded a preferred status,
clearest proof of a clear and present danger the television program of Iglesia ni Cristo is still
of a substantive evil to public safety, not exempt from the MTRCB’s power to review.
morals, health, or any other legitimate If the Court [...] did not exempt religious
public interest: programs from the jurisdiction and review
a. There should be no doubt that what is power of the MTRCB, with more reason, there
feared may be traced to the expression is no justification to exempt ABS-CBN’s “The
complained of;
Inside Story” which [...] is protected by the
O’brien Test
Balancing Of Interests Test A government regulation is sufficiently justified
When a particular conduct is regulated in the if:
interest of public order, and the regulation 1. It is within the constitutional power;
results in an indirect, conditional and partial 2. It furthers an important or substantial
abridgement of speech, the duty of the courts
government interest;
is to determine which of the two conflicting 3. The government interest is unrelated to the
interests demands greater protection
suppression of free expression;
[American Communications v. Douds, 339 U.S. 4. The incident restriction is no greater than
282 (1950)]. essential to the furtherance of that interest
[US v. O’Brien, supra]
The test is applied when two legitimate values
not involving national security crimes compete
[Gonzales v. COMELEC, supra].
or record the spoken words. The telephone and punishment [Newsounds Broadcasting v.
extension in this case was not installed for that Dy, G.R. No. 170270 (2009)].
purpose. It just happened to be there for
ordinary office use [Ganaan v. IAC, G.R. No. L- In the Philippines, the primacy and high esteem
69809 (1986)]. accorded freedom of expression is a
fundamental postulate of our constitutional
Effect of violation: The communication shall not system.
be admissible in evidence in any judicial, quasi-
judicial, legislative, or administrative hearing or The scope of freedom of expression is so broad
investigation. [Section 4, RA 4200] that it extends protection to nearly all forms of
communication. It protects speech, print and
Generally, the provisions in the Bill of Rights assembly regarding secular as well as political
are protections against the government. causes, and is not confined to any particular
However, In the case of Zulueta v. CA the field of human interest. [Chavez v. Gonzales,
Court has recognized an instance where it may G.R. No. 16338 (2008)].
also be applied as against a private individual.
a. Continuum of thought, speech,
N.B. While Zulueta seems to be an exception expression, and speech acts
to the State Action Requirement, Zulueta’s
application of the exclusionary rule has only The right to freedom of expression applies to
been cited once but to a state action. the entire continuum of speech from
utterances made to conduct enacted, and even
In that case, the wife took her husband‘s to inaction itself as a symbolic
private documents and papers to be used as manner of communication. [The Diocese of
evidence in the case, without the husband’s Bacolod v. Commission on Elections, G.R. No.
knowledge and consent, the Court held that the 205728, (2015)]
intimacies between husband and wife do not
justify any one of them in breaking the drawers Communication is an essential outcome of
and cabinets of the other and in ransacking protected speech. Communication exists when
them for any telltale evidence of marital "(1) a speaker, seeking to signal others, uses
infidelity. A person, by contracting marriage, conventional actions because he or she
does not shed his/her integrity or his right to reasonably believes that such actions will be
privacy as an individual and the constitutional taken by the audience in the manner intended;
protection is ever available to him or to her.
and (2) the audience so takes the actions."
[Diocese of Bacolod v. COMELEC, supra]
F. FREEDOM OF SPEECH
The right is not limited to vocal communication.
AND EXPRESSION CONDUCT IS ALSO INCLUDED.
Sec. 4, Art. III. No law shall be passed Conduct - sometimes referred to as ‘symbolic
abridging the freedom of speech, of speech[,]’" such that "‘when ‘speech’ and
expression, or of the press, or the right of the ‘non-speech’ elements are combined in the
people peaceably to assemble and petition same course of conduct,’ the ‘communicative
the government for redress of grievances. element’ of the conduct may be ‘sufficient to
bring into play the [right to freedom of
expression].
1. Concept
Scope
Free speech and free press may be identified
Expression and speech include:
with the liberty to discuss publicly and truthfully
1. Written or spoken words (recorded or not
any matter of public interest without censorship
recorded)
2. Symbolic speech (e.g. wearing of account. Enrile is a public figure because of his
armbands as a
symbol of protest) participation as a principal actor in the
However, in NUWHRAIN-APL-IUF Dusit culminating events of the EDSA revolution
Hotel Nikko Chapter v. CA [G.R. No. [Ayer Prod. PTY. LTD. v. Judge Capulong,
163942 (2008)], it was held that the labor supra].
union members’ violation of the hotel’s
grooming standards constitutes an illegal 2. Types of Regulation
strike, which is not protected by the right to
freedom of expression.
a. Prior restraint and subsequent
3. Films and television programs [Iglesia ni
Cristo v. CA, G.R. No. 119673 (1996)]
punishment
Freedom of Expression and Obscenity Central Hudson Gas & Elec. v. Public Svc.
Determination: Community Standard
Comm’n [447 U.S. 557 (1980)] established the
Pictures depicting inhabitants of the country in test to be applied to regulations on commercial
their native dress as they appear and can be speech:
seen in the regions in which they live are not (1) Speech must not be false, misleading,
obscene or indecent. The pictures in question or
proposing an illegal activity;
merely depict persons as they actually live, (2) Government interest sought to be
without attempted presentation of persons in served by
regulation must be
unusual postures or dress. [People v. substantial;
Kottinger, supra]. (3) The regulation must advance
government
interest; and
A dance portraying the life of a widow who lost (4) The regulation must not be overbroad.
her husband cannot be considered protected
speech if the audience, about a hundred Political Speech
customers, was howling and shouting, “sige Political speech is pure and protected speech.
muna, sige nakakalibog” (go ahead, go ahead, The government is required to prove a “true
it is erotic), during the performance [People v. threat”, it cannot punish mere political
Aparici, supra]. hyperbole [Watts v. US, 394 U.S. 705 (1969)].
given date can, after two (2) days from said The government must comply with the heavy
date, rally in accordance with their application burden of showing that the organization in fact
without the need to show a permit, the grant of presents a clear and present danger of
the permit being then presumed under the law. substantive evil which the State has the right to
It will be the burden of the authorities to show protect [BERNAS].
that there has been a denial of the application,
in which case the rally may be peacefully Scope
dispersed following the procedure of maximum The right is recognized as belonging to people
tolerance provided by the law [Bayan v. Ermita, whether employed or unemployed, and
supra]. whether in the government or in the private
sector. It includes the right to unionize.
b. Freedom of Association
The State does not infringe on the fundamental
Sec. 8, Art. III. The right of the people, right to form lawful associations when it leaves
including those employed in the public and to citizens the power and liberty to affiliate or
private sectors, to form unions, association, not affiliate with labor unions [Victoriano v.
or societies for purposes not contrary to law Elizalde Rope Workers Union, G.R. No. L-
shall not be abridged. 25246 (1974)].
Sec. 3, Art. XIII. The State shall afford full Every group has a right to join the democratic
protection to labor, local and overseas, process, association itself being an act of
organized and unorganized, and promote expression of the member’s belief, even if the
full employment and equality of employment group offends the sensibilities of the majority.
opportunities for all. Any restriction to such requires a compelling
state interest to be proven by the State [Ang
It shall guarantee the rights of all workers to Ladlad LGBT Party v. COMELEC, G.R. No.
self organization, collective bargaining and 190582 (2010)].
negotiations, and peaceful concerted
activities, including the right to strike in Political parties may freely be formed although
accordance with law. They shall be entitled there is a restriction on their activities [...] but
to security of tenure, humane conditions of the ban is narrow, not total. It operates only on
work, and a living wage. They shall also concerted or group action of political parties.
participate in policy and decision-making
processes affecting their rights and benefits A political group should not be hindered solely
as may be provided by law. xxx because it seeks to publicly debate
controversial political issues in order to find
Sec. 2(5), Art. IX-B. The right to self- solutions capable of satisfying everyone
organization shall not be denied to concerned. Only if a political party incites
government employees. violence or puts forward policies that are
incompatible with democracy does it fall
Our Constitution likewise recognizes the outside the protection of the freedom of
freedom to form associations for purposes not association guarantee [Ang Ladlad LGBT Party
contrary to law. [Gonzales v. COMELEC, G.R. v. COMELEC, supra].
No. L-27833 (1969)].
Freedom not to associate
How should the limitation “for purposes not Freedom of association presupposes freedom
contrary to law” be interpreted? Unless an not to associate [Roberts v. United States
association or society could be shown to create Jaycees, supra].
an imminent danger to public safety, there is no
justification for abridging the right to form Government actions that unconstitutionally
associations. burden that right may take many forms, one of
Confidential information means information not While evaluation of bids or proposals is on-
yet made a matter of public record relating to going, there are no “official acts, transactions,
pending cases, as well as information not yet or decisions.” However, once the committee
made public concerning the work of any justice makes an official recommendation, there
or judge relating to pending cases, including arises a definite proposition. From this
notes, drafts, research papers, internal moment, the public’s right to information
discussions, internal memoranda, records of attaches, and any citizen can assail the
internal deliberations and similar papers. nonproprietary information leading to such
definite propositions [Chavez v. PEA and
The notes, drafts, research papers, internal Amari, supra].
discussions, internal memoranda, records of
internal deliberations and similar papers that a Right to Information Relative to Diplomatic
justice or judge uses in preparing a decision, Negotiations
resolution or order shall remain confidential Diplomatic secrets (Diplomatic Negotiations
even after the decision, resolution or order is Privilege) Secrecy of negotiations with foreign
made public [Sec. 1, Canon II, Confidentiality countries is not violative of the right to
Code of Conduct for Court Personnel, A.M. No. information. Diplomacy has a confidential
03-06-13-SC]. nature. While the full text [of the JPEPA] may
not be kept perpetually confidential, it is in line
Decisions are matters of public concern and with the public interest that the offers
interest. exchanged during negotiations continue to be
privileged information. Furthermore, the
Pleadings and other documents filed by parties information sought includes docs produced
to a case need not be matters of public concern and communicated by a party external to the
or interest. They are filed for the purpose of Philippine government. However, such
establishing the basis upon which the court privilege is merely presumptive, and will not
may issue an order or a judgment affecting apply to all cases [Akbayan v. Aquino, supra].
their rights and interest.
Presidential Communications Privilege V.
Access to court records may be permitted at Deliberative Process Privilege [Neri v.
the discretion and subject to the supervisory Senate Committee, G.R. No. 180643 (2008)]
and protective powers of the court, after
considering the actual use or purpose for which Presidential Communications Privilege
the request for access is based and the It applies to decision-making of the President;
obvious prejudice to any of the parties [Hilado, rooted in the constitutional principle of
et al v. Judge, G.R. No. 163155 (2006)]. separation of power and the President's unique
constitutional role; applies to documents in
their entirety, and covers final and post-
decisional materials as well as pre-deliberative
ones; meant to encompass only those
functions that form the core of presidential organization or form of worship as the
authority. individual may choose cannot be restricted by
law. On the other hand, it safeguards the free
Requisites exercise of the chosen form of religion. Thus,
a. The communications relate to a the Amendment embraces two concepts –
"quintessential and non-delegable power" freedom to believe and freedom to act. The first
of the President is absolute, but in the nature of things, the
b. The communications are "received" by a second cannot be. [Cantwell v. Connecticut,
close advisor of the President. 310 U.S. 296, 303-4 (1940)].
c. There is no adequate showing of a
compelling need that would justify the b. Concept of Religion
limitation of the privilege and of the
unavailability of the information elsewhere “In Philippine jurisprudence, religion, for
by an appropriate investigating authority. purposes of the religion clauses, has thus far
been interpreted as theistic. In 1937, the
Deliberative Process Privilege Philippine case of Aglipay v. Ruiz involving the
Applied to decision-making of executive Establishment Clause, defined religion as a
officials; rooted in common law privilege; that profession of faith to an active power that binds
there is a “governmental privilege against and elevates man to his Creator. Twenty years
public disclosure with respect to state secrets later, the Court cited the Aglipay definition in
regarding military, diplomatic and other American Bible Society v. City of Manila, a
security matters. case involving the Free Exercise clause. The
latter also cited the American case of Davis in
G. FREEDOM OF RELIGION defining religion, viz: “(i)t has reference to one’s
views of his relations to His Creator and to the
obligations they impose of reverence to His
Sec. 5, Art. III. No law shall be made
being and character and obedience to His Will”
respecting an establishment of religion; or
[Estrada v. Escritor, A.M. No. P-02-1651
prohibiting the free exercise thereof. The
(2003)].
free exercise and enjoyment of religious
profession and worship, without
Note: The Davis definition has been expanded
discrimination or preference, shall forever be
allowed. No religious test shall be required to include non-theistic beliefs, but only in U.S.
jurisprudence [Estrada v. Escritor, supra].
for the exercise of civil or political rights.
2. Principle of Separation of
1. Basic Principles Church and State
of the church, much less question its faith and Acts Permitted by Non-Establishment
dogmas or dictate upon it. It cannot favor one Clause
religion and discriminate against another. On
the other hand, the church cannot impose its CONSTITUTIONALLY CREATED
beliefs and convictions on the State and the 1. Tax exemption
rest of the citizenry. It cannot demand that the Sec. 28 (3), Art. VI. Charitable institutions,
nation follow its beliefs, even if it sincerely churches and personages or convents
believes that they are good for the country” appurtenant thereto, mosques, non-profit
[Imbong v. Ochoa, G.R. No. 204819 (2014), on cemeteries, and all lands, buildings, and
the constitutionality of the RH Law]. improvements, actually, directly, and
exclusively used for religious, charitable, or
Rooted in the separation of Church and State. educational purposes shall be exempt from
taxation.
Relevant provisions of the Constitution
● Sec. 6, Art. II: “The separation of Church 2. Operation of sectarian schools
and State shall be inviolable.” Sec. 4(2), Art. XIV. Educational institutions,
● Sec. 2(5), Art. IX-C: “Religious other than those established by religious
denominations and sects shall not be groups and mission boards, shall be owned
registered [as political parties].” solely by citizens of the Philippines or
● Sec. 5(2), Art. VI: “For three consecutive corporations or associations at least sixty per
terms after the ratification of this centum of the capital of which is owned by such
Constitution, one-half of the seats citizens
allocated to party-list representatives shall
be filled, as provided by law, by selection 3. Religious instruction in public schools
or election from […] sectors as may be Sec. 3(3), Art. XIV. At the option expressed in
provided by law, except the religious writing by the parents or guardians, religion
sector.” shall be allowed to be taught to their children or
wards in public elementary and high schools
Acts not Permitted by Non- Establishment within the regular class hours by instructors
Clause designated or approved by the religious
● Prayer and Bible-reading in public schools authorities of the religion to which the children
[Abington School District v. Schemp, 374 or wards belong, without additional cost to the
U.S. 203 (1963)] Government.
● Financial subsidy for parochial schools
[Lemon v. Kurtzman, 403 U.S. 602 (1971)] 4. Limited public aid to religion
● Religious displays in public spaces: Sec. 29(2), Art. VI. No public money or property
Display of granite monument of 10 shall be appropriated, applied, paid, or
commandments in front of a courthouse is employed, directly or indirectly, for the use,
unconstitutional for being unmistakably benefit, or support of any sect, church,
non-secular [Glassroth v. Moore, 335 F.3d denomination, sectarian institution, or system
1282 (2003)] of religion, or of any priest, preacher, minister,
● Mandatory religious subjects or prohibition other religious teacher, or dignitary as such,
of secular subjects (evolution) in schools except when such priest, preacher, minister, or
[Epperson v. Arkansas, 393 U.S. 97 dignitary is assigned to the armed forces, or to
(1968)] any penal institution, or government orphanage
● Mandatory bible reading in school (a form or leprosarium.
of preference for belief over non-belief)
[School District v. Schempp, 374 U.S. 203
(1963)]
[American Bible Society v. City of Manila, G.R. provider despite their conscientious objections
No. L9637 (1957)]. based on religious or ethical beliefs” is violative
Non-disqualification of religious leaders from of free exercise. The Court held that this opt-
local government office [Pamil v. Teleron, G.R. out class is a false compromise because it
No. L-34854 (1978)] cannot force someone, in conscience, to do
indirectly what they cannot do directly [Imbong
Working hours from 7:30 am to 3:30 pm without v. Ochoa, supra].
break during Ramadan [Re: Request of Muslim
Employees in the Different Courts of Iligan City, N.B. The Court, however, held that the policy
A.M. No. 02-2-10-SC (2005)] of the government with regard to the promotion
of contraceptives was not violative of the
Exemption from administrative charge on establishment clause. “[T]he State is not
immorality: Cohabiting with a married man with precluded to pursue its legitimate secular
church sanction evidenced by a document of objectives without being dictated upon by the
“Declaration of Pledging Faithfulness” [Estrada policies of any one religion” [Id.].
v. Escritor, supra].
Conscientious Objector In the RH Law
Tests Sections 7, 23, and 24 of RA 10354
a. Clear and Present Danger (Reproductive Health Law) impose upon the
Used for religious speech. conscientious objector the duty to refer the
patient seeking reproductive health services to
In order to justify restraint the court must another medical practitioner.
determine whether the expression presents a
clear and present danger of any substantive A conscientious objector should be exempt
evil, which the state has a right to prevent from compliance with the mandates of the RH
[American Bible Society v. City of Manila, Law. If he is compelled to act contrary to his
supra, citing Tañada and Fernando on the religious belief and conviction, it would be
Constitution of the Philippines, Vol. 1, 4th ed., violative of "the principle of non-coercion"
p. 297]. enshrined in the constitutional right to free
exercise of religion.
b. Benevolent Neutrality – Compelling
State Interest The Court found no compelling state interest
Under the Benevolent Neutrality Doctrine, this which would limit the free exercise of
is the proper test where conduct arising from conscientious objectors. Only the prevention of
religious belief is involved. an immediate danger to the security and
welfare of the community can justify the
1. Has the gov’t action created a burden on infringement of religious freedom. Also,
the free exercise? Court must look into respondents failed to show that the means to
sincerity (but not truth) of belief. achieve the legitimate state objective is the
2. Is there a compelling state interest to least intrusive means [Imbong v. Ochoa,
justify the infringement? supra].
3. Are the means to achieve the legitimate
state objective the least intrusive? [Estrada
v. Escritor, supra]
The court itself is to be guided by the limits The right to travel does not mean the right to
prescribed by law choose any vehicle in traversing a toll way. The
right to travel refers to the right to move from
A condition imposed by the court in connection one place to another. The right to travel does
with the grant of bail is an example of a valid not entitle a person to the best form of transport
limitation to liberty. or to the most convenient route to his
destination [Mirasol v. DPWH, G.R. No.
b. Liberty of Travel 158793 (2006)].
May be impaired even without a lawful order of
the court
2. Watch-list and hold departure
BUT the appropriate executive officer (who orders
may impair this right) is not granted arbitrary
discretion to impose limitations There was no legal basis for Department
Circular No. 41 because of the absence of a
He can only do so on the basis of “national law authorizing the Secretary of Justice to
security, public safety, or public health” and “as issue Hold Departure Orders (HDO), Watch
may be provided by law” (e.g. Human Security List Orders (WLO), or Allow Departure Order
Act, quarantine) (ADO).
Impairment of this liberty is subject to judicial The Court ruled that the issuance of DOJ
review. Circular No. 41, without a law to justify its
action, is an unauthorized act of the DOJ of
The executive of a municipality does not have empowering itself under the pretext of dire
the right to force citizens of the Philippines to exigency or urgent necessity. [Genuino v. De
change their domicile from one locality to Lima, G.R. No. 197930 (2018)].
2. There is a high probability that the Under existing laws, the following may exercise
respondent will depart from the Philippines the power of expropriation:
to evade arrest and prosecution of crime 1. Congress
against him or her. 2. President
3. Local legislative bodies
Validity of the PHDO 4. Certain public corporations, like the National
The order shall be valid until lifted by the Housing Authority and water districts
issuing court as may be warranted by the [Metropolitan Cebu Water District v. J. King
preliminary investigation (Sec. 6). and Sons Company, Inc., G.R. No. 175983
(2009)].
5. Quasi-public corporations like the Philippine
I. EMINENT DOMAIN National Railways (PNR), PLDT, Meralco
The taking of property is different from the becomes res communes and, as such, is
transfer of the property title from the private subject to direct enjoyment by any and all
owner to the Government. members of the public indiscriminately.
Under Rule 67 of the Rules of Court, there are There is also public use even if the
two phases of expropriation: expropriated property is not actually acquired
(a) the condemnation of the property after it is by the government but is merely devoted to
determined that its acquisition will be for a public services administered by privately-
public purpose or public use; and owned public utilities like telephone or light
(b) the determination of just compensation to companies.
be paid for the taking of private property to be
made by the court with the assistance of not Public use may be free or for a fee, as long as
more than three commissioners [Republic v. any member of the general public can demand
Mupas, supra]. the right to use the converted property for his
direct and personal convenience [CRUZ].
Difference Between Eminent Domain
(Compensable Taking) and Regulatory b. Broadened definition
Taking Public use may also cover uses which, while
1. Eminent domain is an inherent power of not directly available to the public, redound to
the state based on the Constitution. Just their indirect advantage or benefit.
compensation must be paid.
2. Regulatory taking is the exercise of the Example: Subdivision of expropriated lands
state of its police power. In this case, just into small lots for sale at cost to deserving
compensation need not be paid. citizens. Once transferred, the lots cease to be
public property and come under the exclusive
Examples from Jurisprudence ownership of the transferees.
The imposition of an aerial easement of right-
of-way was held to be compensable taking. The requirement of public use is deemed
The exercise of the power of eminent domain satisfied because of the vicarious advantages
does not always result in the taking or enjoyed by the people as a whole, by the
appropriation of title to the expropriated promotion of social justice objectives (e.g.
property; it may also result in the imposition of equitable diffusion of property ownership;
a burden upon the owner of the condemned agrarian reform; enhancement of the dignity;
property, without loss of title or possession welfare and security of the underprivileged).
[National Power Corporation v. Gutierrez, G.R.
No. L-60077 (1991)]. Examples
Expropriation for slum clearance and urban
A municipal ordinance prohibiting a building development, even if developed area is later
which would impair the view of the plaza from sold to private homeowners, commercial firms,
the highway was considered regulatory taking entertainment and service companies and
[People v. Fajardo, G.R. No. L-12172 (1958)]. other private concerns [Reyes v. NHA, G.R.
No. 147511 (2003)]
Expansive Concept of Public Use
Urban land reform and housing, or socialized
a. Traditional definition housing program involving only a one-half
Any use directly available to the general public hectare area [Manapat v. CA, supra]
as a matter of right and not merely of
forbearance or accommodation. Under the new concept, "public use" means
public advantage, convenience or benefit,
Where the expropriated property is converted which tends to contribute to the general welfare
into a plaza, park, airfield or highway, it thereby and the prosperity of the whole community, like
a resort complex for tourists or housing project and, at best, are treated as mere guidelines
[Heirs of Juancho Ardano v. Reyes, 125 SCRA in ascertaining the amount thereof.
220 (1983); Sumulong v. Guerrero, 154 SCRA
461 (1987)]. General Rule: Computed at the time of the
filing of the complaint for expropriation [Sec. 4,
2. Just Compensation Rule 67, ROC], whether the filing takes place
before or at the same time as the taking or
a. Definition entry.
“The property’s fair market value at the time of
the filing of the complaint, or that sum of money When the taking of the property sought to be
which a person desirous to buy but not expropriated coincides with the
compelled to buy, and an owner willing but not commencement of the expropriation
compelled to sell, would agree on as price to proceedings, or takes place subsequent to the
be given and received therefor” [National filing of the complaint for eminent domain, the
Power Corporation v. Baguio, G.R. No. L- just compensation should be determined as of
15763 (2008)]. the date of the filing of the complaint [City of
Iloilo v. Judge Contreras Besana, G.R. No.
A full and fair equivalent of the property taken 168967 (2010)].
from the private owner by the expropriator. The
measure is not the taker’s gain but the owner’s Exception: When property is taken before
loss. filing the complaint, assessment should be
made as of the time of taking or entry.
Just compensation is intended to indemnify the
owner fully for the loss he has sustained as a In cases where the fair market value of the
result of the expropriation [Reyes commentary, property is difficult to ascertain, the court may
p. 152] use other just and equitable market methods of
valuation in order to estimate the fair market
It shall be “real, substantial, full, ample” value of the property [Republic v. Mupas, G.R.
[Republic v. Libunao, G.R. No. 166553 (2009)]. No. 181892 (2015)].
Free access to the court does NOT mean the 4. Legislative investigations
courts cannot impose filing fees. 5. Civil actions
Exemption of cooperatives from payment of
court and sheriff fees no longer stands. Exclusions
Cooperatives can no longer invoke R.A. 6938, An accused may be compelled to be
as amended by R.A. 9520, as basis for photographed or measured, his garments may
exemption from the payment of legal fees [Re: be removed, and his body may be examined.
In the matter of clarification of exemption from
payment of all court and sheriffs fees of The Court has also declared as constitutional
cooperatives, A.M. No. 12-2- 03-0 (2012)]. several procedures performed on the accused
such as pregnancy tests for women accused of
adultery, expulsion of morphine from one’s
L. RIGHT AGAINST SELF- mouth and the tracing of one’s foot to
INCRIMINATION determine its identity with bloody footprints.
The Court has even authorized the
Section 17, Article III. No person shall be examination of a woman’s genitalia, in an
compelled to be a witness against himself. action for annulment filed by her husband, to
verify his claim that she was impotent, her
The right against self-incrimination secures to orifice being too small for his penis.
a witness, whether she/he is a party or not, the
right to refuse to answer any particular Some of these procedures were, to be sure,
incriminating question rather invasive and involuntary, but all of them
were constitutionally sound. DNA testing and
It prescribes an "option of refusal to answer its results are now similarly acceptable [Agustin
incriminating questions and not a prohibition of v. CA, supra].
inquiry [People v. Ayson, G.R. No. 85215
(1989)]. Other exclusions:
1. Handwriting in connection with a
Purpose prosecution for falsification is not allowed
The self-incrimination clause is meant to avoid:
[Beltran v. Samson, G.R. No. 32025
1. Placing the witness against the strongest (1929); Bermudez v. Castillo, Per. Rec. No.
temptation to commit perjury; and 714-A (1937)]
2. Extorting a confession by force. 2. Accused may be made to take off her
garments and shoes and be photographed
[People v. Otadura, G.R. No. L-2154
1. Scope and Coverage (1950)]; compelled to show her body for
physical investigation to see if she is
The right applies only to testimonial pregnant by an adulterous relation [Villaflor
compulsion and production of documents, v. Summers G.R. No. 16444 (1920)]
papers, and chattels in court, except when
books of account are to be examined in the Note: Re-enactment of the crime by the
exercise of police power and the power of accused is not allowed.
taxation.
When to invoke
The right is available in: 1. This right may only be invoked for that
1. Criminal proceedings specific incriminating question and cannot
2. Governmental proceedings be claimed for any other time. [Sabio vs.
3. Administrative actions wherein the hearing Gordon, G.R. Nos. 174340, 174318 &
partakes the nature of a criminal 174177 (2006)]
proceeding because of the nature of the 2. It does not give a witness the right to
penalty disregard a subpoena and decline to testify
altogether. The witness must still take the are null and void [Chavez v. CA, G.R. No.
stand, be sworn, and answer questions. It L-29169 (1968)].
is the duty of his/her counsel to advise
him/her of his/her right against self- 2. Application
incrimination. [People v. Ayson, supra].
General Rule: The privilege is available in any
Right against self-incrimination of accused proceedings, even outside the court, for they
vs. ordinary witness may eventually lead to a criminal prosecution.
ACCUSED ORDINARY
WITNESS Expanded Application
The defendant in a An ordinary witness 1. The right of the accused against self-
criminal case cannot may be compelled to incrimination is extended to respondents in
be compelled by testify and invoke the administrative investigations that partake
subpoena or any right only against of the nature of or are analogous to
other process or each question criminal proceedings. The privilege has
order of the court to requiring an consistently been held to extend to all
testify or produce incriminating proceedings sanctioned by law; and to all
evidence in the answer. [People vs. cases in which punishment is sought to be
criminal case in Ayson, supra] visited upon a witness, whether a party or
which he is the not [Standard Chartered Bank v. Senate
accused or one of Committee on Banks G.R. No. 167173
the accused. In other (2007)].
words, s/he can 2. Administrative proceedings with penal
refuse to testify aspect i.e. medical board investigation
altogether. [Pascual v. Board of Medical Examiners,
G.R. No. L-25018 (1969)], forfeiture
If the witness is proceeding [Cabal v. Kapunan Jr., G.R.
accused, he may No. L-19052 (1962)]
totally refuse to take 3. Fact-Finding investigation by an ad hoc
the stand. body [Galman v. Pamaran, G.R. Nos.
71208-09 (1985)]
Note: The right against self-incrimination is not
self- executing. It must be claimed. If not
claimed by or in behalf of the witness, the
3. Immunity Statutes
protection does not come into play. It follows
Nature and Purpose
that the right may be waived, expressly, or
Immunity statutes seek a rational
impliedly, as by a failure to claim it at the
accommodation between the imperatives of an
appropriate time [People v. Ayson, supra].
individual’s constitutional right against self-
incrimination and the legitimate governmental
Effects of Denial of Privilege
interest in securing testimony. By voluntarily
1. Exclusionary Rule (under Sec. 17, Art. III in
offering to give information on the commission
relation to Sec. 12): When the privilege
of a crime and to testify against the culprits, a
against self- incrimination is violated
person opens himself to investigation and
outside of court (e.g. police), then the
prosecution if he himself had participated in the
testimony, as already noted, is not
criminal act. To secure his testimony without
admissible.
exposing him to the risk of prosecution, the law
2. Ousted of Jurisdiction: When the privilege
recognizes that the witness can be given
is violated by the Court itself, that is, by the
immunity from prosecution. In this manner, the
judge, the court is ousted of its jurisdiction,
state interest is satisfied while respecting the
and all its proceedings, and even judgment
individual’s constitutional right against self-
Note: The following is a list of immunity statutes Use and Fruit of Immunity
included in the footnote 59 of Quarto v. Hon. “Use immunity” prohibits use of a witness’
Ombudsman:
compelled testimony and its fruits in any
a. PD No. 749 (Granting Immunity from manner in connection with the criminal
Prosecution to Givers of Bribes and Other prosecution of the witness.
Gifts and to their Accomplices in Bribery
and Other Graft Cases against Public “Transactional immunity” grants immunity to
Officers, July 18, 1975); witnesses from prosecution for an offense to
b. PD No. 1731 (Providing for Rewards and which his compelled testimony relates [Galman
Incentives to Government Witnesses and v. Pamaran, supra].
Informants and other Purposes, October 8,
1980);
c. PD No. 1732 (Providing Immunity from M.RIGHTS OF PERSONS UNDER
Criminal Prosecution to Government CUSTODIAL INVESTIGATION
Witnesses and for other Purposes, October
8, 1980);
Sec. 12, Art. III. 1. Any person under
d. PD No. 1886 (creating the Agrava Fact- investigation for the commission of an
Finding Board, October 22, 1983);
offense shall have the right to be informed of
e. 1987 Constitution, Article XIII, Section his right to remain silent and to have
18(8) (empowering the Commission on competent and independent counsel
Human Rights to grant immunity);
preferably of his own choice. If the person
f. RA No. 6646 (An Act Introducing Additional cannot afford the services of counsel, he
Reforms in the Electoral System and for must be provided with one. These rights
other Purposes, January 5, 1988);
cannot be waived except in writing and in the
g. Executive Order No. 14, August 18, 1986;
presence of counsel.
h. RA No. 6770 (Ombudsman Act of 1989,
November 17, 1989);
2. No torture, force, violence, threat,
i. RA No. 6981 (Witness Protection, Security intimidation, or any other means which
and
Benefit Act, April 24, 1991);
vitiate the free will shall be used against him.
j. RA No. 7916 (The Special Economic Zone Secret detention places, solitary,
Act
of 1995, July 25, 1994);
incommunicado, or other similar forms of
k. RA No. 9165 (Comprehensive Dangerous detention are prohibited.
Drugs
Act of 2002, June 7, 2002);
l. RA No. 9416 (An Act Declaring as Unlawful 3. Any confession or admission obtained in
Any
Form of Cheating in Civil Service violation of this or Section 17 hereof shall be
Examinations,
etc., March 25, 2007); and
inadmissible in evidence against him.
m. RA No. 9485 (Anti-Red Tape Act of 2007,
June
2, 2007).
4. The law shall provide for penal and civil
sanctions for violations of this section as well
Transactional Immunity as compensation to the rehabilitation of
Sec. 18, Article XIII. The Commission on victims of torture or similar practices, and
Human Rights shall have the following their families.
powers and functions: xxx
(8) Grant
immunity from prosecution to any person In Miranda v. Arizona: The Federal Supreme
whose testimony or whose possession of Court made it clear that what is prohibited is the
documents or other evidence is necessary or "incommunicado interrogation of individuals in
convenient to determine the truth in any a police dominated atmosphere, resulting in
Miranda Warning (based upon Article III, When the investigation is no longer a general
Section 12) inquiry unto an unsolved crime but has begun
The person under custodial investigation must to focus on a particular suspect, as when the
be informed that: suspect has been taken into police custody and
1. He has a right to remain silent and that any the police carries out a process of interrogation
statement he makes may be used as that lends itself to eliciting incriminating
evidence against him; statements [People v. Mara, G.R. No. 108494
2. That he has a right to have competent and (1994)].
independent counsel of his choice
3. That he has a right to be informed of the Includes issuing an invitation to a person under
first two rights. investigation in connection with an offense he
is suspected to have committed [Sec. 2, RA
7438].
RA 7438: RIGHTS OF PERSONS UNDER
CUSTODIAL INVESTIGATION
Custodial Investigation Report
Sec. 1. Statement of Policy. - It is the policy
a. Reduced to writing by the investigating
of the State to value the dignity of every
officer.
human being and guarantee full respect for
b. It shall be read and adequately explained
human rights.
to person arrested or detained by counsel
or assisting counsel in a language or
Sec. 2. Rights of Persons Arrested, Detained
dialect known to him.
or Under Custodial Investigation; Duties of
Public Officers. –
Non-compliance with the second requirement
(b) Any public officer or employee, or anyone
will render the report null and void and of no
acting under his order or his place, who
effect whatsoever [Sec. 2c, RA 7438].
arrests, detains or investigates any person
for the commission of an offense: shall
Critical Pre-Trial Stage
inform the latter, in a language known to and
Any critical confrontation by the prosecution at
understood by him, of his rights to remain
pretrial proceedings where the results might
silent and to have competent and
well determine his fate and where the absence
independent counsel, preferably of his own
of counsel might derogate from his right to a
choice, who shall at all times be allowed to
fair trial [U.S. v. Wade, 388 U.S. 218 (1967)].
confer privately with the person arrested,
detained or under custodial investigation. If
Show-Up And Police Line-Up
such person cannot afford the services of his
General rule: No right to counsel
own counsel, he must be provided with a
competent and independent counsel by the
Exception: Right to counsel if accusatory. The
investigating officer.
moment there is a move or even an urge of said
investigators to elicit admissions or
1. Availability confessions or even plain information which
may appear innocent or innocuous at the time,
a. When the person is already under custodial from said suspect [Gamboa v. Cruz, G.R. No.
investigation. L-56291 (1988)].
b. During “critical pre-trial stages” in the
criminal process Show-up
● Out-of-court identification
Custodial Investigation ● Accused is brought face-to-face with the
witness for identification
a. Right to Remain Silent Failure to ask for a lawyer does not constitute
The warning is needed simply to make the a waiver.
person under custodial investigation aware of
the existence of the right. No effective waiver of the right to counsel
during interrogation can be recognized unless
This warning is the threshold requirement for specifically made after the warnings have been
an intelligent decision as to its exercise. given.
Further, the warning will show the individual Request for assistance of counsel before any
that his interrogators are prepared to recognize interrogation cannot be ignored/denied by
his privilege should he choose to exercise it. authorities. Not only right to consult with an
attorney but right to be given a lawyer to
The warning of the right to remain silent must represent him if he’s indigent.
be accompanied by the explanation that
anything said can and will be used against the c. Rights to Visitation and Conference
individual in court. This warning is needed in Sec. 2. Rights of Persons Arrested, Detained
order to make him aware not only of the or Under Custodial Investigation; Duties of
privilege to remain silent, but also of the Public Officers. – (f) Any person arrested or
consequences of forgoing it. detained or under custodial investigation
shall be allowed visits by or conferences with
b. Right to Counsel any member of his immediate family, or any
Sec. 2. Rights of Persons Arrested, Detained medical doctor or priest or religious minister
or Under Custodial Investigation; Duties of chosen by him or by any member of his
Public Officers. – (a) Any person arrested immediate family or by his counsel, or by any
detained or under custodial investigation national non-governmental organization duly
shall at all times be assisted by counsel. accredited by the Commission on Human
Rights or by any international non-
governmental organization duly accredited
Competent and independent counsel by the Office of the President. The person's
preferably of the suspect’s own choice. "immediate family" shall include his or her
Not independent counsel: special counsel, spouse, fiancé or fiancée, parent or child,
prosecutor, counsel of the police or a municipal brother or sister, grandparent or grandchild,
attorney whose interest is adverse to that of the uncle or aunt, nephew or niece, and
accused [People v. Fabro, G.R. No. 95089 guardian or ward.
(1997)], mayor [People v. Taliman, G.R. No.
a. Willingly and voluntarily submitted his trial of which he had notice shall
confession and be considered a waiver of his
b. Knowingly and deliberately manifested that right to be present thereat.
he was not interested in having a lawyer 2. When an accused under custody
assist him during the taking of that escapes, he shall be deemed to
confession have waived his right to be
present on all subsequent trial
dates until custody over him is
N. RIGHTS OF THE regained. Upon motion, the
ACCUSED accused may be allowed to
defend himself in person when it
Sec. 14, Art. III: (1) No person shall be held sufficiently appears to the court
to answer for a criminal offense without due that he can properly protect his
process of law. right without the assistance of
(2) In all criminal prosecutions, the accused counsel.
shall be presumed innocent until the contrary d. To testify as a witness in his own behalf
is proved, and shall enjoy the right to be but subject to cross-examination on
heard by himself and counsel, to be informed matters covered by direct examination.
of the nature and cause of the accusation His silence shall not in any manner
against him, to have a speedy, impartial, and prejudice him.
public trial, to meet the witnesses face to e. To be exempt from being compelled to
face, and to have compulsory process to be a witness against himself.
secure the attendance of witnesses and the f. To confront and cross-examine the
production of evidence in his behalf. witnesses against him at the trial. Either
However, after arraignment, trial may party may utilize as part of its evidence
proceed notwithstanding the absence of the the testimony of a witness who is
accused provided that he has been duly deceased, out of or cannot with due
notified and his failure to appear is diligence be found in the Philippines,
unjustifiable. unavailable or otherwise unable to
testify, given in another case or
proceeding, judicial or administrative,
Sec 1, Rule 115, ROC Rights of accused at involving the same parties and subject
the trial. — In all criminal prosecutions, the matter, the adverse party having the
accused shall be entitled to the following opportunity to cross-examine him.
rights: g. To have compulsory process issued to
a. To be presumed innocent until the secure the attendance of witnesses and
contrary is proved beyond reasonable production of other evidence in his
doubt. behalf.
b. To be informed of the nature and cause h. To have speedy, impartial and public
of the accusation against him. trial.
c. To be present and defend in person and i. To appeal in all cases allowed and in the
by counsel at every stage of the manner prescribed by law.
proceedings, from arraignment to
promulgation of the judgment. The 1. Criminal Due Process
accused may, however, waive his
presence at the trial pursuant to the In criminal proceedings then, due process is
stipulations set forth in his bail, unless satisfied if the accused is "informed as to why
his presence is specifically ordered by he is proceeded against and what charge he
the court for purposes of identification. shall meet, with his conviction being made to
1. The absence of the accused rest on evidence that is not tainted with falsity
without justifiable cause at the after full opportunity for him to rebut it and the
sentence being implied in accordance with a accused is charged of; this we cannot allow
valid law. It is assumed, of course, that the because bail is not intended as a punishment,
court that rendered the decision is one of nor as a satisfaction of civil liability which
competent jurisdiction [Mejia v. Pamaran, G.R. should necessarily await the judgment of the
No. L- 56741-42 (1988)]. appellate court.” [Yap v. CA, G.R. No. 141529
(2001)
Requisites
1. Accused is heard by a court of competent Basis of right: Presumption of Innocence
jurisdiction; The right to bail springs from the presumption
2. Accused is proceeded against under the of innocence accorded every accused upon
orderly process of law; whom should not be inflicted incarceration at
3. Accused is given notice and opportunity to the outset since, after the trial, he would be
be heard; and entitled to acquittal, unless his guilt be
4. Judgement rendered is within the authority established beyond reasonable doubt
of a constitutional law [Paderanga v. CA, G.R. No. 115407 (1995)]
Sec. 18, Rule 114, ROC. Notice of admission to bail becomes discretionary [Sec.
application to prosecutor. — In the 5, Rule 114, ROC]
application for bail under section 8 of this
Rule, the court must give reasonable notice NOTE: Since the grant of bail is a matter of
of the hearing to the prosecutor or require discretion, a hearing must be conducted
him to submit his recommendation. whether or not the prosecution refuses to
present evidence and the prosecutor must be
In this jurisdiction, before a judge may grant an notified to require him to submit his
application for bail, whether bail is a matter of recommendation. This notice of hearing
right or discretion, the prosecutor must be applies in all cases whether bail is a matter of
given reasonable notice of hearing or he must right or a matter of discretion [Zuño v. Cabebe,
be asked to submit his recommendation A.M. OCA No. 03-1800-RTJ, (2004) citing
[Taborite v. Sollesta, A.M. MTJ-02-1388 Cortes v. Catral, A.M. No. RTJ-97-1387,
(2003)]. (1997)].
The prosecution must first be accorded an In the cases where the grant of bail is
opportunity to present evidence. It is on the discretionary, due process requires that the
basis of such evidence that judicial discretion prosecution must be given an opportunity to
is exercised in determining whether the present, within a reasonable time, all the
evidence of guilt of the accused is strong. In evidence that it may desire to introduce before
other words, discretion must be exercised the court should resolve the motion for bail
regularly, legally and within the confines of [People v. Judge Donato, G.R. No. 79269
procedural due process, that is, after (1991)].
evaluation of evidence submitted by the
prosecution [Taborite v. Sollesta, supra]. a. In case the evidence of guilt is strong
In such a case, according to People v. San
Bail for the provisional liberty of the accused Diego [G.R. No. L-29676 (1966)] the court’s
regardless of the crime charged should be discretion to grant bail must be exercised in the
allowed independently of the merits of the light of a summary of the evidence presented
charge, provided his continued incarceration is by the prosecution.
clearly shown to be injurious to his health or to
endanger his life. [Enrile v. Sandiganbayan, Thus, the order granting or refusing bail must
G.R. No. 213847 (2015)]. contain a summary of the evidence for the
prosecution followed by the conclusion on
Bail As A Matter Of Right whether or not the evidence of guilt is strong.
All persons, except those charged with
offenses punishable by reclusion perpetua The clear implication therefore, is that if an
when evidence of guilt is strong, shall, before accused who is charged with a crime
conviction, be bailable by sufficient sureties, or punishable by reclusion perpetua is convicted
be released on recognizance as may be by the trial court and sentenced to suffer such
provided by law. The right to bail shall not be a penalty, bail is neither a matter of right on the
impaired even when the privilege of the writ of part of the accused nor of discretion on the part
habeas corpus is suspended. of the court. In such a situation, the court would
Excessive bail shall not be required. xxx have xxx ruled that the accused's guilt has
[Sec. 13, Art III, 1987 Constitution] been proven beyond reasonable doubt. Bail
must not then be granted to the accused during
Bail As A Matter Of Discretion the pendency of his appeal from the judgment
When the accused has been convicted in the of conviction [People v. Nitcha, G.R. No.
RTC of an offense not punishable by death, 113517 (1995)]”
reclusion perpetua or life imprisonment, the
cannot afford the services of counsel, he b. It must ask him if he desires the services of
must be provided with one. These rights counsel;
cannot be waived except in writing and in the c. If he does, and is unable to get on, the
presence of counsel. Court must give him one; if the accused
wishes to procure private counsel, the
Sec. 1(c), Rule 115, ROC. Rights of Court must give him time to obtain one.
accused at the trial. — In all criminal d. Where no lawyer is available, the Court
prosecutions, the accused shall be entitled to may appoint any person resident of the
the following rights: province and of good repute for probity and
ability.
(c) To be present and defend in person and
by counsel at every stage of the 6. Right to be informed of the
proceedings, from arraignment to
promulgation of the judgment. xxx
nature and cause of
accusation
Sec 2(a), R.A. 7438. Rights of Persons
Arrested, Detained or Under Custodial Procedural due process requires that the
Investigation; Duties of Public Officers. – accused must be informed why he is being
(a) Any person arrested detained or under prosecuted and what charge he must meet
custodial investigation shall at all times be [Vera v. People, supra]
assisted by counsel.
7. Right to a speedy and
It means the accused is amply accorded legal impartial trial
assistance extended by a counsel who
commits himself to the cause of the defense
Sec. 16, Art. III. All persons shall have the
and acts accordingly. It is an efficient and truly
right to a speedy disposition of their cases
decisive legal assistance, and not simply a
before all judicial, quasi-judicial, or
perfunctory representation.
administrative bodies.
The right to counsel proceeds from the
Sec. 17, R.A. 8493. Act not a bar to
fundamental principle of due process which
provision on speedy trial in the
basically means that a person must be heard
Constitution. – No provision of law on
before being condemned. The due process
speedy trial and no rule implementing the
requirement is part of a person’s basic rights; it
same shall be interpreted as a bar to any
is not a mere formality that may be dispensed
charge of denial of the right to speedy trial
with or performed perfunctorily [People v.
guaranteed by Section 14(2), Article III, of
Bermas, G.R. No. 120420, (1999)].
the 1987 Constitution.
One need not, however, be an accused to avail
of the right to counsel and the right to counsel Impartial Trial
does not commence only during trial. Every A civilian cannot be tried by a military court so
person under custody of the law enjoys the long as the civil courts are open and operating,
right. Even a person under investigation for an even during Martial Law [Olaguer v. Military
offense has the right to have a competent and Commission, G.R. No. L-54558 (1987)].
independent counsel preferably of his own
Dismissal based on the denial of the right to
choice [RIANO]
speedy trial amounts to an acquittal [Acebedo
Elements of the Right to Counsel: v. Sarmiento, G.R. No. L-28025 (1970)].
a. Court’s duty to inform the accused of right
to counsel before being arraigned;
However, the right has always been In case of the unjustified failure of the witness
understood as requiring not necessarily an to comply, the court or judge issuing the
actual cross-examination but merely an subpoena, upon proof of the service of such
opportunity to exercise the right to cross- subpoena and proof of his failure to attend,
may issue a warrant for his arrest [Sec. 8, Rule Exception: Light offense where accused need
21, ROC] not personally appear.
interviews inimical to national security, and (4) disappearance [Razon Jr. v. Tagitis, G.R. No.
petitioner is required to report regularly to 182498 (2009)]
respondents or their reps [Moncupa v. Enrile,
G.R. No. L-63345 (1986)]. Scope
The Amparo Rule was intended to address the
This Court has held that a restrictive custody intractable problem of “extralegal killings” and
and monitoring of movements or whereabouts “enforced disappearances,” and its coverage,
of police officers under investigation by their in its present form is confined to these
superiors is not a form of illegal detention or instances or to threats thereof.
restraint of liberty [Ampatuan v. Macaraig, G.R.
No. 182497 (2010)]. If what is involved is the issue of child custody
and the exercise of parental rights over a child,
Restrictive custody is, at best, nominal restraint who, for all intents and purposes, has been
which is beyond the ambit of habeas corpus. It legally considered a ward of the State, the
is neither actual nor effective restraint that Amparo rule cannot be properly applied
would call for the grant of the remedy prayed [Caram v. Segui, G.R. No. 193652 (2014)].
for. It is a permissible precautionary measure
to assure the PNP authorities that the police Extralegal Killings
officers concerned are always accounted for. Killings committed without due process of law.
[Ampatuan v. Macaraig, supra].
Enforced Disappearances
Note: The fact that the party to whom the writ
is addressed has illegally parted with the Elements
custody of a person before the application for a. That there be an arrest, detention,
the writ is no reason why the writ should not abduction or any form of deprivation of
issue [Villavicencio v. Lukban, G.R. No. L- liberty;
14639 (1919)]. b. That it be carried out by, or with the
authorization, support or acquiescence
Test for valid suspension of the privilege of of, the State or a political organization;
the writ c. That it be followed by the State or
Arbitrariness, not correctness. political organization’s refusal to
acknowledge or give information on the
Writs of Amparo, Habeas Data, Kalikasan fate or whereabouts of the person
1. Writ of Amparo subject of the amparo petition; and,
d. That the intention for such refusal is to
A.M. No. 07-9-12-SC (25 September 2007): remove subject person from the
The Rule on the Writ of Amparo protection of the law for a prolonged
Sec. 1. Petition. – The petition for a writ of period of time.
amparo is a remedy available to any person a. Basis
whose right to life, liberty and security is
violated or threatened with violation by an Sec. 5, Art. VIII. The Supreme Court shall
unlawful act or omission of a public official or have the following powers: xxx (5)
employee, or of a private individual or entity. Promulgate rules concerning the protection
and enforcement of constitutional rights, xxx.
Concept Such rules shall provide a simplified and
[An amparo proceeding] does not determine inexpensive procedure for the speedy
guilt nor pinpoint criminal culpability for the disposition of cases, shall be uniform for all
disappearance [threats thereof or extrajudicial courts of the same grade, and shall not
killings]; it determines responsibility, or at least diminish, increase, or modify substantive
accountability for purposes of imposing the rights.
appropriate remedies to address the
defenses; all defenses not raised are deemed Due regard must be given to the facts and
waived. circumstances surrounding each case xxx.
What the Constitution prohibits are
Hearing unreasonable, arbitrary and oppressive delays
Preliminary conference; same priority as other which render rights nugatory [Ombudsman v.
writs (no more than 60 days). Jurado, G.R. No. 154155 (2008)].
Dismissal based on violation of the right to imprisonment would not thus be within the
speedy disposition of cases prohibition [People v. dela Cruz, supra].
A criminal case may be dismissed for violation
of a person’s right to speedy disposition of The imposition of the penalty of death is hereby
cases [Coscolluela v. Sandiganbayan, supra]. prohibited. Accordingly, R.A. No. 8177,
otherwise known as the Act Designating Death
by Lethal Injection is hereby repealed. R.A. No.
P. RIGHT AGAINST EXCESSIVE FINES 7659, otherwise known as the Death Penalty
AND CRUEL, DEGRADING, AND
Law, and all other laws, executive orders and
INHUMAN PUNISHMENTS
decrees, insofar as they impose the death
penalty are hereby repealed or amended
Sec. 19, Art III. (1) Excessive fines shall not
accordingly [Sec. 1, R.A. 9346].
be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
The import of the grant of power to Congress
penalty be imposed, unless, for compelling
to restore the death penalty requires:
reasons involving heinous crimes, the
1. That the Congress defined or describe
Congress hereafter provides for it. Any death
what is meant by heinous crimes
penalty already imposed shall be reduced to
2. That Congress specify and penalize by
reclusion perpetua.
death, only crimes that qualify as heinous
(2) The employment of physical,
in accordance with the definition or
psychological, or degrading punishment
description set in the death penalty bill
against any prisoner or detainee or the use
and/or designate crimes punishable by
of substandard or inadequate penal facilities
reclusion perpetua to death in which latter
under subhuman conditions shall be dealt
case, death can only be imposed upon the
with by law.
attendance of circumstances duly proven
in court that characterize the crime to be
Cruel Punishment
heinous in accordance with the definition or
• Involve torture of lingering death [Legarda description set in the death penalty bill.
v. Valdez G.R. No. 513 (1902)]. 3. That Congress, in enacting this death
• Not only severe, harsh, or excessive but penalty bill be singularly motivated by
flagrantly and plainly oppressive “compelling reasons involving heinous
• Wholly or disproportionate to the nature of crimes.”
the offense as to shock the moral sense of
the community [People v. Estoista, G.R. For a death penalty bill to be valid, Sec 19(1)
No. L-5793 (1953)]. does not require that there be a positive
manifestation in the form of higher incidence of
The constitutional limit must be reckoned on crime first perceived and statistically proven.
the basis of the nature and of punishment Neither does the said provision require that the
measured in terms of physical pain. death penalty be resorted to as a last recourse
when all other criminal reforms have failed to
What is prohibited is cruel and unusual abate criminality in society [People v.
punishment. Unusual punishment is not Echegaray, G.R. No. 117472 (1997)].
prohibited, especially if it makes the penalty
less severe.
Q. NON-IMPRISONMENT
The prohibition of cruel and unusual FOR DEBTS
punishment is generally aimed at the form or
character of the punishment rather than its
Sec 20, Art III. No person shall be
severity in respect of duration or amount, and
imprisoned for debt or non-payment of a poll
applies to punishments which public sentiment
tax.
has regarded as cruel or obsolete. Fine and
In a case where the accused was convicted Two types of double jeopardy [People v.
and imprisoned for estafa (where the accused Relova, G.R. L-45129 (1987)]
failed to render promised service to the injured 1. Prosecution for the same offense
in exchange for the latter’s retrieval of the a. Same offense charged;
former’s cedula), the Court held that the b. Attempt of the same offense;
imprisonment was correct since it was for c. Frustration of the same offense;
estafa and not involuntary servitude or d. Offense necessarily included in the 1st
imprisonment for debt [Ramirez v. de Orozco, offense (All the elements of the 2nd
G.R. No. L-11157 (1916)]. constitute some of the elements of the
1st offense)
No person may be imprisoned for debt in virtue e. Offense that necessarily includes the
of a civil proceeding [Makapagal v. 1st offense (All the elements of the 1st
Santamaria, G.R. No. L-34616 (1930)]. constitute some of the elements of the
2nd offense)
A person may be imprisoned as a penalty for a 2. Prosecution for the same act
crime arising from a contractual debt and a. If punished by law and at the same time
imposed in a proper criminal proceeding. Thus, punished by an ordinance;
the conversion of a criminal fine into a prison b. There is conviction or acquittal under
term does not violate the right to non- either
imprisonment for debts because in such a
case, imprisonment is imposed for a monetary Examples where there is no double jeopardy:
obligation arising from a crime [Ajeno v. Judge 1. Conviction of a crime under a special law,
Insero, A.M. No. 1098-CFI (1976)]. which also constitutes an offense under the
RPC, may not be a bar to the prosecution
under the RPC because the former is
R. RIGHT AGAINST malum prohibitum while the other is malum
DOUBLE JEOPARDY in se.
2. Where two informations are filed charging
Sec. 21, Art. III. No person shall be twice put the same accused with two different
in jeopardy of punishment for the same offenses arising from the act, where the two
offense. If an act is punished by a law and an offenses have different elements.
ordinance, conviction or acquittal under [Example: B.P.22 and the issuance of
either shall constitute a bar to another bouncing checks for estafa]
prosecution of the same act.
1. Requisites; scope
APPLICATION
1. In administrative cases: Not applicable 1. First jeopardy attached prior to the second
[Cayao-Lasam v. Ramolet (2008)]
2. First jeopardy must have been validly
terminated
3. Second jeopardy must be for the same filing of the former complaint or information.
offense or the second offense includes or
is necessarily included in the first offense; c. Defective Plea Bargain: The plea of guilty
or is an attempt or frustration thereof to the lesser offense was made without the
consent of the fiscal and the offended
Requisites for first jeopardy to attach: party, except as provided in Sec. 1 (f) of
A previous case must be filed and must contain Rule 116.
the following:
1. There must be a complaint or information Note: In case of failure of the offended party to
or other formal charge sufficient in form and appear despite due notice, the court may allow
substance to sustain a conviction;
the accused to enter a plea of guilty to a lesser
2. The complaint or information must be filed offense which is necessarily included in the
before a court of competent jurisdiction;
offense charged with the conformity of the trial
3. The accused has been arraigned and has prosecutor alone.
pleaded to the charges;
4. The accused must have been convicted or Appeal by prosecution; when allowed
acquitted or the case against him was General Rule: A judgment of acquittal is final
dismissed or otherwise terminated without and no longer reviewable. It cannot be
his express consent. [Sec. 7, Rule 117; reconsidered because it places the accused in
People v. Obsania (1968)]
jeopardy for the same offense. [Cruz
commentary, p. 777]
Then, a subsequent complaint or information
was filed containing a crime that is: Exceptions: Appeal from acquittal is not
1. The same offense double jeopardy if: (DuMi-GAD)
2. An attempt to commit the said offense; 1. Deprivation of due process: Where the
3. A frustration of the said offense; prosecution is deprived of a fair opportunity
4. Any offense which necessarily includes the to prosecute and prove its case [Villareal v.
first offense charged; People (2012)]
5. Any offense which is necessarily included
in the first offense charged. Provided, that the judge considered the
evidence, even if the appreciation of the
2. Limitations; Exceptions to the evidence leading to the acquittal is
erroneous, an appeal or motion for
Rule on Double Jeopardy reconsideration by the prosecution will not
be allowed. [People v. Judge Velasco
The conviction of the accused shall not be a bar (2000)]
to another prosecution for an offense which 2. Mistrial [Galman v. Sandiganbayan, G.R.
necessarily includes the offense charged in the No. 72670 (1986)]
former complaint or information under the 3. Grave abuse of discretion amounting to
following instances, pursuant to Sec. 7, Rule lack or excess of jurisdiction [People v. Uy,
117, Rules of Court: G.R. No. 158157 (2005)]
a. Supervening Event: The graver offense
developed due to "supervening facts" Remedy for the above cases: special civil
arising from the same act or omission action of certiorari under Rule 65 of the Rules
constituting the former charge. (e.g., A of Court
person convicted of physical injuries may
still be prosecuted for homicide if the victim The private complainant or the offended party
dies later.) may question such acquittal or dismissal only
b. Newly Discovered Event: The facts insofar as the civil liability of the accused is
constituting the graver charge became concerned [Villareal v. Aliga, G.R. No. 166995
known or were discovered only after the (2014)].
affect or regulate civil or private rights.” attainder” [People v. Ferrer, G.R. No. L-32613-
[Republic v. Fernandez, G.R. No. L-9141 14 (1972)].
(1956)]
Examples of law which are NOT bills of
Examples attainder
1. In Bayot v. Sandiganbayan [G.R. No. L- 1. R.A. 9335, which provides for the removal
61776 to No. L- 61861 (1984)], an of the Bureau of Customs’ employees who
amendment to R.A. 3019, which provides for would not be able to meet their revenue
suspension pendente lite of any public officer targets, as prescribed by law. RA 9335
or employee accused of offenses involving does not seek to inflict punishment without
fraudulent use of public funds or property, judicial trial, but it merely lays down the
including those charged earlier, is not an ex grounds for the termination of a BIR or
post facto law. The suspension was not BOC official or employee and provides for
punitive, but only preventive in nature.
the consequences thereof [Bureau of
2. In People v. Estrada [G.R. Nos. 164368-69
Customs Employees Association v. Teves,
(2009)], R.A. 9160, which was made to apply
G.R. No. 181704 (2011)].
to the accused for acts allegedly committed
prior to its enactment, was considered ex
post facto. Prior to its enactment, numbered In other words, if a legislation only states
accounts or anonymous accounts were the grounds for a violation, then it is not
permitted banking transactions, whether they considered as a bill of attainder
be allowed by law or by a mere banking
regulation. 2. Sec. 20 of the Cybercrime Law, which
imposed a penalty of imprisonment upon
Bill of Attainder those who would fail to comply with certain
It is a legislative act that inflicts punishment provisions of Chapter IV of the said law.
without trial, its essence being the substitution The Court held that since the non-
of legislative fiat for a judicial determination of compliance would be punished as a
guilt. It is only when a statute applies to either violation of PD 1829, Sec. 20 of the
named individuals or to easily ascertainable is Cybercrime Law necessarily incorporates
a legislative act that inflicts punishment without elements of the offense which are defined
trial, its essence being the substitution of therein. The act of non- compliance, for it
legislative fiat for a judicial determination of to be punishable, must still be done
guilt. “knowingly or willfully.” There must still be
a judicial declaration of guilt, during which,
Elements defense and justifications for non-
1. There must be a law.
compliance may be raised [Disini v. Sec. of
2. The law imposes a penal burden on a Justice, supra].
named individual or easily ascertainable
members of a group.
3. R.A. 1700 which declared the Communist
3. There is a direct imposition of penal Party of the Philippines a clear and present
burden without judicial trial. danger to Philippine security, and thus
prohibited membership in such
In Relation to Ex Post Facto law organization, was contended to be a bill of
“Frequently a bill of attainder was doubly attainder. Although the law mentions the
objectionable because of its ex post facto CPP in particular, its purpose is not to
features. define a crime but only to lay a basis or to
justify the legislative determination that
Therefore, if a statute is a bill of attainder, it is membership in such organization is a crime
also an ex post facto law. But if it is not an ex because of the clear and present danger to
post facto law, the reasons that establish that it national security [People v. Ferrer, supra]
is not are persuasive that it cannot be a bill of
cannot afford the services of counsel, he b. It must ask him if he desires the services of
must be provided with one. These rights counsel;
cannot be waived except in writing and in the c. If he does, and is unable to get on, the
presence of counsel. Court must give him one; if the accused
wishes to procure private counsel, the
Sec. 1(c), Rule 115, ROC. Rights of Court must give him time to obtain one.
accused at the trial. — In all criminal d. Where no lawyer is available, the Court
prosecutions, the accused shall be entitled to may appoint any person resident of the
the following rights: province and of good repute for probity and
ability.
(c) To be present and defend in person and
by counsel at every stage of the 6. Right to be informed of the
proceedings, from arraignment to
promulgation of the judgment. xxx
nature and cause of
accusation
Sec 2(a), R.A. 7438. Rights of Persons
Arrested, Detained or Under Custodial Procedural due process requires that the
Investigation; Duties of Public Officers. – accused must be informed why he is being
(a) Any person arrested detained or under prosecuted and what charge he must meet
custodial investigation shall at all times be [Vera v. People, supra]
assisted by counsel.
7. Right to a speedy and
It means the accused is amply accorded legal impartial trial
assistance extended by a counsel who
commits himself to the cause of the defense
Sec. 16, Art. III. All persons shall have the
and acts accordingly. It is an efficient and truly
right to a speedy disposition of their cases
decisive legal assistance, and not simply a
before all judicial, quasi-judicial, or
perfunctory representation.
administrative bodies.
The right to counsel proceeds from the
Sec. 17, R.A. 8493. Act not a bar to
fundamental principle of due process which
provision on speedy trial in the
basically means that a person must be heard
Constitution. – No provision of law on
before being condemned. The due process
speedy trial and no rule implementing the
requirement is part of a person’s basic rights; it
same shall be interpreted as a bar to any
is not a mere formality that may be dispensed
charge of denial of the right to speedy trial
with or performed perfunctorily [People v.
guaranteed by Section 14(2), Article III, of
Bermas, G.R. No. 120420, (1999)].
the 1987 Constitution.
One need not, however, be an accused to avail
of the right to counsel and the right to counsel Impartial Trial
does not commence only during trial. Every A civilian cannot be tried by a military court so
person under custody of the law enjoys the long as the civil courts are open and operating,
right. Even a person under investigation for an even during Martial Law [Olaguer v. Military
offense has the right to have a competent and Commission, G.R. No. L-54558 (1987)].
independent counsel preferably of his own
Dismissal based on the denial of the right to
choice [RIANO]
speedy trial amounts to an acquittal [Acebedo
Elements of the Right to Counsel: v. Sarmiento, G.R. No. L-28025 (1970)].
a. Court’s duty to inform the accused of right
to counsel before being arraigned;
However, the right has always been In case of the unjustified failure of the witness
understood as requiring not necessarily an to comply, the court or judge issuing the
actual cross-examination but merely an subpoena, upon proof of the service of such
opportunity to exercise the right to cross- subpoena and proof of his failure to attend,
may issue a warrant for his arrest [Sec. 8, Rule Exception: Light offense where accused need
21, ROC] not personally appear.
interviews inimical to national security, and (4) disappearance [Razon Jr. v. Tagitis, G.R. No.
petitioner is required to report regularly to 182498 (2009)]
respondents or their reps [Moncupa v. Enrile,
G.R. No. L-63345 (1986)]. Scope
The Amparo Rule was intended to address the
This Court has held that a restrictive custody intractable problem of “extralegal killings” and
and monitoring of movements or whereabouts “enforced disappearances,” and its coverage,
of police officers under investigation by their in its present form is confined to these
superiors is not a form of illegal detention or instances or to threats thereof.
restraint of liberty [Ampatuan v. Macaraig, G.R.
No. 182497 (2010)]. If what is involved is the issue of child custody
and the exercise of parental rights over a child,
Restrictive custody is, at best, nominal restraint who, for all intents and purposes, has been
which is beyond the ambit of habeas corpus. It legally considered a ward of the State, the
is neither actual nor effective restraint that Amparo rule cannot be properly applied
would call for the grant of the remedy prayed [Caram v. Segui, G.R. No. 193652 (2014)].
for. It is a permissible precautionary measure
to assure the PNP authorities that the police Extralegal Killings
officers concerned are always accounted for. Killings committed without due process of law.
[Ampatuan v. Macaraig, supra].
Enforced Disappearances
Note: The fact that the party to whom the writ
is addressed has illegally parted with the Elements
custody of a person before the application for a. That there be an arrest, detention,
the writ is no reason why the writ should not abduction or any form of deprivation of
issue [Villavicencio v. Lukban, G.R. No. L- liberty;
14639 (1919)]. b. That it be carried out by, or with the
authorization, support or acquiescence
Test for valid suspension of the privilege of of, the State or a political organization;
the writ c. That it be followed by the State or
Arbitrariness, not correctness. political organization’s refusal to
acknowledge or give information on the
Writs of Amparo, Habeas Data, Kalikasan fate or whereabouts of the person
1. Writ of Amparo subject of the amparo petition; and,
d. That the intention for such refusal is to
A.M. No. 07-9-12-SC (25 September 2007): remove subject person from the
The Rule on the Writ of Amparo protection of the law for a prolonged
Sec. 1. Petition. – The petition for a writ of period of time.
amparo is a remedy available to any person a. Basis
whose right to life, liberty and security is
violated or threatened with violation by an Sec. 5, Art. VIII. The Supreme Court shall
unlawful act or omission of a public official or have the following powers: xxx (5)
employee, or of a private individual or entity. Promulgate rules concerning the protection
and enforcement of constitutional rights, xxx.
Concept Such rules shall provide a simplified and
[An amparo proceeding] does not determine inexpensive procedure for the speedy
guilt nor pinpoint criminal culpability for the disposition of cases, shall be uniform for all
disappearance [threats thereof or extrajudicial courts of the same grade, and shall not
killings]; it determines responsibility, or at least diminish, increase, or modify substantive
accountability for purposes of imposing the rights.
appropriate remedies to address the
defenses; all defenses not raised are deemed Due regard must be given to the facts and
waived. circumstances surrounding each case xxx.
What the Constitution prohibits are
Hearing unreasonable, arbitrary and oppressive delays
Preliminary conference; same priority as other which render rights nugatory [Ombudsman v.
writs (no more than 60 days). Jurado, G.R. No. 154155 (2008)].
Confirma- Yes, if required Not subject to facto convert the temporary appointment into a
tion by CA by the office. confirmation by permanent one; a new appointment is
the CA. Such
necessary. [Province of Camarines Sur v. CA,
confirmation, if
given G.R. No. 104639, (1995)]
erroneously,
will not make The mere fact that a position belongs to the
the incumbent Career Service does not automatically confer
a permanent security of tenure. Such right will have to
appointee.
depend on the nature of the appointment
(Valencia v.
Peralta, 8 which, in turn, depends on the appointee’s
SCRA 692) eligibility or lack of it. [De Leon v. CA, G.R. No.
Security of Yes. No. 127182 (2001)]
tenure Appointment is
revocable at When temporary appointments not allowed: In
will and without no case shall any Member [or Chair] of the (a)
the necessity
of just cause or
Civil Service Commission, (b) Commission on
a valid Elections, or (c) Commission on Audit be
investigation. appointed or designated in a temporary or
acting capacity. [Sec. 1(2), Art. IX-B; Sec. 1(2),
1. Permanent Art. IX-C; Sec. 1(2), Art. IXD, Constitution]
A permanent appointment is extended to a
person possessing the requisite qualifications, a. Presidential Appointments
including the eligibility required for the position,
and thus, protected by the constitutional Four Groups of Officers the President is
guarantee of security of tenure. (NACHURA, Authorized to Appoint [Sarmiento v. Mison,
Outline Reviewer in Political Law) G.R. No. 79974 (1987)]
1. Specifically enumerated under Sec.
2. Temporary 16, Art. VII of the Constitution, i.e.:
A temporary appointment is an acting a. Heads of the executive departments;
appointment; it is extended to one who may not b. Ambassadors;
possess the requisite qualifications or eligibility c. Other public ministers and consuls;
required by law for the position, and is d. Officers of the armed forces from the
revocable at will, without the necessity of just rank of colonel or naval captain;
cause or valid investigation. [NACHURA] e. Other officers whose appointments
are vested in him by the Constitution:
Temporary appointment shall not exceed 12 1. Regular members of the
months, but the appointee may be replaced Judicial and Bar Council
sooner if a qualified civil service eligible 2. The Chairman and
becomes available. [P.D. 807, Sec. 25(b)] Commissioners of the Civil
Service Commission
An “acting” appointment is a temporary 3. The Chairman and
appointment and revocable in character. Commissioners of the
[Marohombsar v. Alonto, 194 SCRA 391] COMELEC
4. The Chairman and
A mere designation does not confer security of Commissioners of the
tenure, as the person designated occupies the Commission on Audit
position only in an acting capacity. [Sevilla v. 5. Members of the Regional
CA, 209 SCRA 637] Consultative Commission
affect or regulate civil or private rights.” attainder” [People v. Ferrer, G.R. No. L-32613-
[Republic v. Fernandez, G.R. No. L-9141 14 (1972)].
(1956)]
Examples of law which are NOT bills of
Examples attainder
1. In Bayot v. Sandiganbayan [G.R. No. L- 1. R.A. 9335, which provides for the removal
61776 to No. L- 61861 (1984)], an of the Bureau of Customs’ employees who
amendment to R.A. 3019, which provides for would not be able to meet their revenue
suspension pendente lite of any public officer targets, as prescribed by law. RA 9335
or employee accused of offenses involving does not seek to inflict punishment without
fraudulent use of public funds or property, judicial trial, but it merely lays down the
including those charged earlier, is not an ex grounds for the termination of a BIR or
post facto law. The suspension was not BOC official or employee and provides for
punitive, but only preventive in nature.
the consequences thereof [Bureau of
2. In People v. Estrada [G.R. Nos. 164368-69
Customs Employees Association v. Teves,
(2009)], R.A. 9160, which was made to apply
G.R. No. 181704 (2011)].
to the accused for acts allegedly committed
prior to its enactment, was considered ex
post facto. Prior to its enactment, numbered In other words, if a legislation only states
accounts or anonymous accounts were the grounds for a violation, then it is not
permitted banking transactions, whether they considered as a bill of attainder
be allowed by law or by a mere banking
regulation. 2. Sec. 20 of the Cybercrime Law, which
imposed a penalty of imprisonment upon
Bill of Attainder those who would fail to comply with certain
It is a legislative act that inflicts punishment provisions of Chapter IV of the said law.
without trial, its essence being the substitution The Court held that since the non-
of legislative fiat for a judicial determination of compliance would be punished as a
guilt. It is only when a statute applies to either violation of PD 1829, Sec. 20 of the
named individuals or to easily ascertainable is Cybercrime Law necessarily incorporates
a legislative act that inflicts punishment without elements of the offense which are defined
trial, its essence being the substitution of therein. The act of non- compliance, for it
legislative fiat for a judicial determination of to be punishable, must still be done
guilt. “knowingly or willfully.” There must still be
a judicial declaration of guilt, during which,
Elements defense and justifications for non-
1. There must be a law.
compliance may be raised [Disini v. Sec. of
2. The law imposes a penal burden on a Justice, supra].
named individual or easily ascertainable
members of a group.
3. R.A. 1700 which declared the Communist
3. There is a direct imposition of penal Party of the Philippines a clear and present
burden without judicial trial. danger to Philippine security, and thus
prohibited membership in such
In Relation to Ex Post Facto law organization, was contended to be a bill of
“Frequently a bill of attainder was doubly attainder. Although the law mentions the
objectionable because of its ex post facto CPP in particular, its purpose is not to
features. define a crime but only to lay a basis or to
justify the legislative determination that
Therefore, if a statute is a bill of attainder, it is membership in such organization is a crime
also an ex post facto law. But if it is not an ex because of the clear and present danger to
post facto law, the reasons that establish that it national security [People v. Ferrer, supra]
is not are persuasive that it cannot be a bill of
Chairman At no time
40 y.o. 35 y.o. 25 y.o. 40 y.o.
and majority shall all
should be Members of
Registered Registered members of the Com-
voter voter in the bar who mission
district have been belong to
engaged in the same
Resident the practice profession
of law for at
least 10
10 yrs 2 yrs 1 yr years.
11. The President’s spouse and relatives by The prohibition on financial interest in any
consanguinity or affinity within the fourth contract with the government extends to his
civil degree shall not during his tenure be spouse. However, it does not extend to his
appointed as Members of the brother or son unless used as a dummy. [DE
Constitutional Commissions, Office of the LEON]
Ombudsman, Secretaries,
Undersecretaries, Chairmen or Heads of 3. They shall not intervene in any government
Bureaus or Officers [Sec. 12, Art. VII] office for his pecuniary benefit or where he
may be called upon to act on account of his
b. Other Disabilities of the President, Vice office. [Sec. 14, Art. VI]
President, Members of Cabinet, and
their Deputies and Assistants d. Other Disabilities of Members of
Constitutional Commissions
1. They shall not practice any other
profession. 1. They shall not engage in the practice of any
2. They shall not participate, directly or profession or in the active management or
indirectly, in any business. control of any business that in any way may be
3. They shall not be financially interested, affected by the functions of his office.
directly or indirectly, in any contract with, or
in any franchise or special privilege granted 2. They shall not be financially interested,
by the government or any subdivision, directly or indirectly, in any contract with, or in
of a relative of the chief of the bureau or office, right after the effectivity of the Local
or the person exercising immediate supervision Government Code; or
over the appointee [CSC v. Dacoycoy, G.R. 7. Insane or feeble-minded. [Sec. 40, LGC]
No. 135805 (1999)]
Dual citizenship is different from dual
The restriction against nepotic appointments allegiance.
extends to appointments made by a group of 1. Dual citizenship arises when, as a result of
individuals acting as a body. The Court has the concurrent application of the different
deemed the appointment of a daughter of a laws of two or more states, a person is
sitting Commissioner to a position in the CHR simultaneously considered a national by
as nepotic even if made by the Commission as the said states.
a body. [Cortes v. CSC, G.R. No. 200103 2. Dual allegiance, on the other hand, refers
(2014)]. to the situation in which a person
simultaneously owes, by some positive act,
Relative: One who is related within the third loyalty to two or more states.
degree of either consanguinity or of affinity 3. While dual citizenship is involuntary, dual
[Sec. 59, Chapter 7, Book V, EO 292 (Admin. allegiance is the result of an individual’s
Code)]. volition. The Constitutional Commission
was not concerned with dual citizens per se
Exceptions: The prohibition on nepotic but with naturalized citizens who maintain
appointments in the Civil Service Law does not their allegiance to their countries of origin
apply if the appointee is: even after their naturalization.
1. Person employed in a confidential
capacity Hence, the phrase “dual citizenship” in R.A.
2. Teachers No. 7160 [Local Government Code], sec.
3. Physicians 40(d) must be understood as referring to
4. Member of the Armed Forces of the “dual allegiance” [Mercado v. Manzano,
Philippines G.R. No. 135083 (1999)].
b. Prohibition against acceptance of any practice will not conflict or tend to conflict with
present from any foreign state. their official functions”
What is prohibited is the acceptance of a
present officially offered by the government of Sec. 7(b)(1) considers it unlawful for public
the foreign state. However, it is permissible for officials and employees during their
an official of the Philippines to accept a private incumbency to: “Own, control, manage, or
or personal gift from the head of a foreign accept employment as officer, employee,
government. The prohibition is directed only consultant, counsel, broker, agent, trustee or
against public officers and not private citizens. nominee in any private enterprise regulated,
[DE LEON] supervised or licensed by their office unless
expressly allowed by law. “
c. Prohibition against receiving additional,
double or indirect compensation. Exception: A public official or employee can
No elective or appointive public officer or engage in the practice of his or her profession
employee shall receive additional, double, or under the following conditions:
indirect compensation, unless specifically 1. the private practice is authorized by the
authorized by law, nor accept without the Constitution or by the law; and
consent of the Congress, any present, 2. the practice will not conflict, or tend to
emolument, office, or title of any kind from any conflict, with his or her official
foreign government. functions.
Compensation
In reference to the remuneration of public
officers, whether it is in the form of a fixed
salary or wages, per diems, fees,
receive during their tenure any other the administrative heads of government which
emolument from the Government or any fix the terms and conditions of employment.
other source. [Sec. 6, Art. VII]
c. The salary of the Chief Justice and of the While employees of chartered GFIs enjoy the
Associate Justices of the Supreme Court, constitutional right to bargain collectively, they
and of judges of lower courts shall be fixed may only do so for non economic benefits.
by law. During their continuance in office,
their salary shall not be decreased. [Sec. The DBP is bound by the Salary
10, Art. VIII] Standardization Law, and monetary awards
and benefits can only be granted in accordance
3. Other Rights [DE LEON] with the law.
Rights under the Constitution SSL: "coverage, conditions for the grant,
a. Right to self-organization including the rates of allowances, benefits, and
The right to self-organization shall not be incentives to all government employees, shall
denied to government employees. [Sec. be rationalized in accordance with the policies
2(5), Art. IX-B] to be issued by the President upon
b. Right to protection of temporary recommendation of the Department of Budget
employees and Management." [DBP v. COA, G.R. No.
Employees in the government given 210838 (2018)]
temporary appointments do not enjoy
security of tenure. They shall be given such Rights under the Revised Government
protection as may be established by law to Service Insurance Act
prevent indiscriminate dismissals. Covered employees are entitled to retirement
c. Freedom of members of Congress from benefits, separation benefits, unemployment or
arrest and from being questioned involuntary separation benefits, disability
A Senator or Member of the House of benefits, survivorship benefits, funeral benefits
Representatives shall, in all offenses and life insurance benefits.
punishable by not more than six years
imprisonment, be privileged from arrest Right to Retirement Pay
while Congress is in session. No member Retirement laws are liberally construed in favor
shall be questioned nor be held liable in of the retiree [Profeta v. Drilon, G.R. No.
any other place for any speech or debate in 104139 (1992)]. It may not be withheld and
the Congress or in any committee thereof applied to his indebtedness to the government
[Sec. 11, Art. VI]. [Tantuico v. Domingo, G.R. No. 96422 (1994)].
d. Right not to be removed or suspended
except for cause provided by law Right to Reimbursement and Indemnity
When a public officer, in the due performance
Rights under the Civil Service Decree and of his duties, has been expressly or impliedly
the New Administrative Code required by law to incur expenses on the public
a. Right to preference in promotion account, not covered by his salary or
b. Right to present complaints and grievances commission and not attributable to his own
c. Right not to be suspended or dismissed neglect or default, the reasonable and proper
except for cause as provided by law and amount thereof forms a legitimate charge
after due process against the public for which he should be
d. Right to organize reimbursed.
On the right to Collective Bargaining in Within the same limits, the officer is entitled to
government employment, it is the legislature be indemnified by the public against the
and, where properly given delegated power, consequences of acts which he has been
expressly or impliedly required to perform upon
the public account, and which are not b. If, not being required by law, they are
manifestly illegal and which he does not know prepared by the officer apart from his
to be wrong. official duties and are not
indispensable in the proper conduct of
Right to Reinstatement and Back Salary the office, the officer may acquire a
Reinstatement property right therein.
The restoration to a state or condition from
which one had been removed or separated.
One who is reinstated assumes the position he
H. LIABILITIES OF PUBLIC
had occupied prior to the dismissal. Back OFFICERS
salary or wages is a form of relief that restores
the income that was lost by reason of unlawful In General
dismissal. Public officers in respect of the persons to
whom their duty is owing, are divided into 2
Back Salary classes – those whose duty is owed solely to
An officer who has been lawfully separated or the public and those whose duty is owed in
suspended from his office is not entitled to some degree to the individuals. An individual
compensation for the period during which he has no cause of action against a public officer
was so suspended. for a breach of duty owed solely to the public
[DE LEON].
Where an officer was unlawfully removed and
was prevented for a time by no fault of his own An individual can hold a public officer
from performing the duties of his office, he may personally liable for damages on account of an
recover back wages, and the amount that he act or omission that violates a constitutional
had earned in other employment during his right only if it results in a particular wrong or
unlawful removal should not be deducted from injury to the former [Vinzons-Chato v. Fortune
his unpaid salary. Tobacco, G.R. No. 141309 (2008)].
The officer cannot be faulted for her inability to A public officer shall not be civilly liable for acts
work or to render any service from the time she done in the performance of his official duties,
was illegally dismissed up to the time of her unless there is a clear showing of bad faith,
reinstatement. Verily, to withhold her back malice or negligence [Sec. 38(1), Chapter 9,
salaries and other benefits during her illegal Book I, Admin. Code].
dismissal would put to naught the constitutional
guarantee of security of tenure for those in the However, under Sec. 24 of the Local
civil service. [Constantino-David v. Government Code, local governments and
Pangandaman-Gania, supra] their officials are expressly not exempt from
liability for death or injury to persons or damage
Right to Property, Devices and Inventions to property.
Title to a public office carries with it the right,
during the incumbency of the officer, to the Three-Fold Responsibility of Public Officers
insignia and property thereof. A public officer is under a three-fold
responsibility for violation of duty or for
The question whether records, discoveries, wrongful act or omission:
inventions, devices, data and the like, made or 1. Civil Liability: if the individual is damaged
prepared by an officer while he is occupying the by such violation, the official shall, in some
office, belong to the public, must be determined cases, be held liable civilly to reimburse the
with reference to the facts of each case. injured party.
a. Where such are indispensable in the 2. Criminal Liability: if the law has attached
proper conduct of the office, the officer a penal sanction, the officer may be
may not take them as his own property. punished criminally. The mere fact that an
officer is acting in an official capacity will is not personally liable on contracts executed
not relieve him from criminal liability. on behalf of the government.
3. Administrative Liability: such violation
may also lead to imposition of fine, Exception: A public officer becomes
reprimand, suspension or removal from personally liable on such contracts when:
office, as the case may be. 1. the officer intended to render himself
personally liable;
Thus, if such violation or wrongful act results in 2. when he makes no mention of the public
damages to an individual, the public officer agency he serves; or
may be held civilly liable to reimburse the 3. when he does not indicate that it is
injured party. If the law violated attaches a executed in an official capacity
penal sanction, the erring officer may also be
punished criminally. Finally, such violation may Liability on Tort
also lead to suspension, removal from office, or A public official is not liable for damages for
other administrative sanctions. The action that performing a duty required by law and absent
may result for each liability under the "threefold bad faith. [Mabutol v. Pascual, G.R. No. L-
liability rule" may proceed independently of one 60898 (1983)]
another, as in fact, the quantum of evidence
required in each case is different. [Ramiscal v. An officer who acts outside the scope of his
COA, G.R. No. 213716 (2017)] jurisdiction and without authorization of law
may be amenable to personal liability in a civil
Liability of Ministerial Officers suit. [Festejo v. Fernando, G.R. No. L-5156
[NACHURA] (1954)]
1. Nonfeasance - Neglect or refusal to
perform an act which is the officer’s legal Liability of Superior Officers for Acts of
obligation to perform Subordinate Officers
2. Misfeasance – Failure to use that degree A head of a department or a superior officer
of care, skill, and diligence required in the shall not be civilly liable for the wrongful acts,
performance of official duty omissions of duty, negligence or misfeasance
3. Malfeasance – The doing, through of his subordinates, unless he has actually
ignorance, inattention or malice, of an act authorized by written order the specific act or
which he had no legal right to perform misconduct complained of [Sec. 38(3), Chapter
9, Book I, Admin. Code].
Statutory Liability
1. Failure or neglect to perform official duty Neither the principle of command responsibility
[Art. 32, Civil Code]; (in military or political structural dynamics) nor
2. Violating rights and liberties of private the doctrine of respondeat superior (in quasi
individuals [Art. 33, Civil Code]; delicts) applies in this case. The negligence of
3. Liability of peace officers for not rendering the subordinate cannot be ascribed to his
aid or protection to a person [Art. 34, Civil superior in the absence of evidence of the
Code], and the subsidiary liability of municipal latter’s own negligence [Reyes v. Rural Bank of
corporations in such case; San Miguel, G.R. No. 154499 (2004)]
4. Neglecting to perform a duty without just
cause within (i) a period fixed by law or Liability of Subordinate Officers
regulation; or (ii) a reasonable period, if no No subordinate officer or employee shall be
period is fixed [Sec. 38(2), Chapter 9, Book I, civilly liable for acts done by him in good faith
Admin. Code]. in the performance of his duties. However, he
shall be liable for wilful or negligent acts done
Liability on Contracts by him which are contrary to law, morals, public
General Rule: A public officer acting within the policy and good customs even if he acted
scope of his authority and in his official capacity
under orders or instructions of his superiors the penalty is suspension or removal, the
[Sec. 39, Chapter 9, Book I, Admin. Code]. respondent shall be considered as having
been under preventive suspension during
1. Preventive suspension and the pendency of the appeal in the event he
wins the appeal [Sec. 47(4), Chapter 6,
back salaries Subtitle A, Title I, Book V, Admin. Code].
immigrant of
another country;
and
(h) Such other
grounds as may be
provided in this
Code and other
laws.
(LGC, Sec. 60)
Duration 90 days -Single case: 60 90 days 6 months without
days pay
-Several cases
filed: Not more
than 90 days for a
single year
Note: R.A. 3019 (The Anti-Graft and Corrupt Practices Act) and R.A. 7080 (Act Defining and Penalizing
the Crime of Plunder) also provide for Suspension but for criminal proceedings filed against the public
officers. Suspension under R.A. 6770 above, may also apply to criminal cases.
General Rule is the "no work-no pay" principle Such payment of salaries corresponding to the
– public officials are only entitled to period when an employee is not allowed to
compensation if they render service. But the work may be decreed if he is found innocent of
Court has excepted from this general principle the charges which caused the suspension and
and awarded back salaries even for unworked when the suspension is unjustified. [Miranda v.
days to illegally dismissed or unjustly COA, G.R. No. 84613 (1991)]
suspended employees to deny these
employees their back salaries amounts to This is only fair and just because an employee
unwarranted punishment after they have been who is reinstated after having been illegally
exonerated from the charge that led to their dismissed is considered as not having left her
dismissal or suspension. [CSC v. Cruz, G.R. office and should be given the corresponding
187858 (2011)] compensation at the time of her reinstatement.
[CSC v. Gentallan, G.R. No. 152833 (2005)]
When award is proper
Where an officer was unlawfully removed and The right to receive full backwages
was prevented for a time by no fault of his own corresponds to the salary at the time of his
from performing the duties of his office, he may dismissal until reinstatement. Any income he
recover back wages, and the amount that he may have obtained during the litigation of the
had earned in other employment during his case shall not be deducted from this amount.
[Campol v. Balao-As and Sianen, supra]
Two conditions before an employee may be 1 year from the date the petitioner is ousted
entitled to back salaries: from his position. The claim for back salaries
a. the employee must be found innocent of and damages is also subject to the 1-year
the charges and prescriptive period [DE LEON].
b. his suspension must be unjustified.
[Bangalisan v. CA, supra]
I. IMMUNITY OF PUBLIC
Note: Officer may only receive back salaries OFFICERS
during the period of preventive suspension
pending appeal, not pending investigation, until General Rule
his reinstatement. [CSC v. Cruz, supra] While the doctrine of state immunity appears to
prohibit only suits against the state without its
Responsibility to pay consent, it is also applicable to complaints filed
If the illegal dismissal is found to have been against officials of the state for acts allegedly
made in bad faith or due to personal malice of performed by them in the discharge of their
the superior officers then they will be held duties.
personally accountable for the employee’s
back salaries; otherwise, the government The suit is regarded as one against the state
disburses funds to answer for such arbitrary where satisfaction of the judgment against the
dismissal. [Constantino-David v. officials will require the state itself to perform a
Pangandaman-Gania, supra] positive act, such as the appropriation of the
amount necessary to pay the damages
Where removal or suspension lawful awarded against them.
An officer who has been lawfully separated or
suspended from his office is not entitled to Exception
compensation for the period during which he The rule does not apply where the public official
was so suspended, even if it be subsequently is charged in his official capacity for acts that
determined that the cause for which he was are unauthorized or unlawful and injurious to
suspended was unjustified. [DE LEON] the rights of others. Neither does it apply where
the public official is clearly being sued not in his
It does not impair his constitutional rights official capacity but in his personal capacity,
because the Constitution itself allows although the acts complained of may have
suspension for cause as provided by law and been committed while he occupied a public
the law provides that an employee may be position. [Dayrit v. Phil. Pharmawealth, Inc,
suspended pending an investigation or by way G.R. No. 169304 (2007)]
of penalty. [Bangalisan v. CA, G.R. 124678
(1997)] Official Immunity State Immunity
It is more limited. It It directly protects the
Duty of Plaintiff to Prove His/Her Right to protects the public sovereign/government
Office official from tort from tort liability. It
For a plaintiff to succeed in seeking liability for does not apply in
reinstatement to an office, he must prove his damages arising causes of action which
right to the office. In a quo warranto from discretionary do not seek to impose
proceeding, the person suing must show that acts in the a charge or financial.
he has a clear right to the office allegedly held performance of his
unlawfully by another. Absent that right, the official duties.
lack of qualification or eligibility of the But an officer who The state is not bound
supposed usurper is immaterial. exceeds the power by the mistake,
conferred on him neglect or wrongdoing
A petition for quo warranto and mandamus by law cannot hide of its agents and
affecting title to public office must be filed within behind this officers.
Officer Created under an Unconstitutional c. ineligibility for the public office as required
Statute by law
The prevalent view is that a person appointed
or elected in accordance with a law later The officer cannot excuse responsibility for
declared to be unconstitutional may be crimes committed in his official capacity by
considered de facto at least before the asserting his de facto status.
declaration of unconstitutionality.
Right to Compensation of De Facto Officer
Legal Effects of Acts of De Facto Officers General Rule: A de facto officer cannot sue for
[Monroy v. CA, G.R. No. L-23258 (1967)] the recovery of salary, fees or other
a. As regards the officers themselves: A party emoluments attached to the office, for the
suing or defending in his own right as a duties he has performed. His acts, as far as he
public officer must show that he is an officer himself is concerned, are void.
de jure. It is not sufficient that he be merely
a de facto officer. Moreover, the rightful incumbent may recover
b. As regards the public and third persons: from the de facto officer the salary received by
The acts of a de facto officer are valid as to the latter during his wrongful tenure. [Monroy v.
third persons and the public until his title to CA, supra].
office is adjudged insufficient.
Exception: Where there is no de jure officer, a
Rationale: The doctrine is intended not for the de facto officer, who in good faith has had
protection of the public officer, but for the possession of the office and has discharged
protection of the public and individuals who get the duties pertaining thereto, is legally entitled
involved in the official acts of persons to the emoluments of the office, and may in an
discharging the duties of a public office. appropriate action recover the salary, fees and
other compensations attached to the office
De Facto Officer’s Official Acts are Not [Civil Liberties Union v. Executive Secretary,
Subject to Collateral Attack supra].
A de facto officer’s and his acts’ validity cannot
be collaterally questioned in proceedings
where he is not a party, or which were not
K. TERMINATION OF
instituted to determine the very question. OFFICIAL RELATION
Remedy: Quo warranto proceedings filed by: Modes of termination of official relations
a. The person claiming entitlement to the
office; 1. Natural Causes
b. The Republic of the Philippines a. Expiration of term or tenure of office;
(represented by the Solicitor-General or a b. Reaching age limit (retirement);
public prosecutor). c. Death or permanent disability;
intervening period.” [Civil Service Commission 1. Where a law requires that resignation is to
v. Moralde, G.R. No. 211077, August 15, 2018] be made in any particular form, that form
must be substantially complied with.
3. Death or Permanent Disability 2. Where no such form is prescribed, no
particular mode is required, but the
Death of incumbent renders the office vacant. resignation may be made by any method
Upon his death, the public official ceases to indicative of the purpose. It need not be in
hold office, and all rights, duties, obligations writing, unless so required by law. A written
are extinguished. However, if the authority is resignation, delivered to the board or
conferred over two or more officers, death of officer authorized to receive it and fill the
one terminates his authority and leaves a vacancy thereby created, is prima facie,
vacancy but the entire office is not vacant. but not conclusive evidence of the intention
Unless the joint action of all is expressly to relinquish the office.
required, the survivors may execute the office. [DE LEON]
Permanent disability covers either mental or N.B. Courtesy resignation cannot properly be
physical disability. When degree of incapacity interpreted as a resignation in the legal sense
is at issue (i.e. when the appointee refuses to for it is not necessarily a reflection of a public
give up the position) the appointing power will official’s intention to surrender his position.
have to make the decision whether the Rather, it manifests his submission to the will
condition of the public official has created a of the political authority and the appointing
vacancy but a judicial determination of the fact power [Ortiz v. COMELEC, supra].
is necessary to render it conclusive.
[DE LEON] When resignation is effective
1. Date specified in the tender
2. If no such date is specified, resignation
4. Resignation shall be effective when the public officer
receives notice of the acceptance of his
The act of giving up or the act of a public officer resignation, NOT the date of the letter or
by which he declines his office and renounces notice of acceptance [Gamboa v. CA, G.R.
the further right to use it. It is an expression of No. L-38068 (1981)]
the incumbent in some form, express or
implied, of the intention to surrender, renounce Revocation of Resignation:
and relinquish the office and the acceptance A resignation can be validly withdrawn before
thereof by competent lawful authority [Ortiz v. the public official is notified of its acceptance
COMELEC, G.R. No. 78957 (1988)]. [Republic v. Singun, supra].
relinquishment through non-user. Non-user cause of the ouster, or the right of the plaintiff
refers to a neglect to use a privilege or a right to hold such office or position arose. This
or to exercise an easement or an office period of one year is a condition precedent for
[Municipality of San Andres, Catanduanes v. the existence of the cause of action for quo
CA, G.R. No. 118883 (1998)]. warranto.
What may Constitute as Abandonment We hold that in view of the policy of the State
1. Abandonment may also result from an contained in the law fixing the period of one
acquiescence by the officer in his wrongful year within which actions for quo warranto may
removal or discharge, for instance, after a be instituted, any person claiming right to a
summary removal, an unreasonable delay position in the civil service should also be
by an officer illegally removed in taking required to file his petition for reinstatement
steps to vindicate his rights may constitute with the period of one year, otherwise he is
an abandonment of the office. Where, thereby considered as having abandoned his
while desiring and intending to hold the office. [Cristobal v. Melcohor, G.R. No. L-
office, and with no willful desire or intention 43203 (1977)]
to abandon it, the public officer vacates it in
deference to the requirements of a statute 8. Removal
which is afterwards declared
unconstitutional, such a surrender will not
be deemed an abandonment and the Ouster of an incumbent public officer before
officer may recover the office. [Canonizado the expiration of his term. It implies that the
v. Aguirre, supra]. office exists after the ouster. Another term used
2. Non-user refers to a neglect to use a right is dismissal [DE LEON].
or privilege or to exercise an office.
However, nonperformance of the duties of It is the forcible and permanent separation of
an office does not constitute abandonment the incumbent from office before the expiration
where such nonperformance results from of his term [Ingles v. Mutuc, G.R. No. L-
temporary disability or from involuntary 20390(1968)].
failure to perform. [Canonizado v. Aguirre,
supra]. Modes of Removal
3. An officer or employee shall be Removal from office may be express or
automatically separated from the service if implied.
he fails to return to the service after the a. Appointment of another officer in the place
expiration of one-year leave of absence of the incumbent operates as a removal if
without pay. Also, officers and employees the latter was notified [DE LEON].
who are absent for at least 30 days without b. The transfer of an officer or employee
approved leave (AWOL) shall be dropped without his consent from one office to
from the service after due notice [Civil another, whether it results in promotion or
Service Rules]. demotion, advancement or reduction in
salary, is equivalent to his illegal removal or
separation from the first office [Gloria v.
7. Prescription of Right to Office CA, G.R. No. 119903 (2000)].
c. Demotion to a lower position with a lower
Petition for Quo Warranto against another, for rate of compensation is also equivalent to
reinstatement due to illegal ouster or dismissal removal if no cause is shown for it [De
instituted within 1 year from ouster: Guzman v. CSC, G.R. No. 101105 (1994)].
Section 16 of Rule 66 of the Rules of Court
expressly provides that an action against a Limitations
public office or employee may not be filed for 1. Constitutional guarantee of security of
the plaintiff's ouster from office unless the tenure. No officer or employee of the civil
same is commenced within one year after the
The appointment of an incumbent (permanent [Sec. 11(h), Rule IV, 2017 Omnibus Rules]
employee) whose position was reclassified
However, if it can be shown by evidence that These officers cannot be charged in court with
the accused is harassing the complainant offenses that have removal from office as
Government Code of 1991 [Hagad v. Dozo- It has concurrent jurisdiction with other
Dadole, supra]. investigative agencies with respect to criminal
cases involving public officers cognizable by
The Deputy Ombudsman is also subject to the regular courts [Office of the Ombudsman v.
disciplinary authority of the Ombudsman, and Rodriguez, G.R. No. 172700 (2010)].
not the President [Gonzales III v. Office of the
President, G.R. No. 196231 (2014)]. B. JUDICIAL REVIEW IN ADMINISTRATIVE
PROCEEDINGS
Preventive Suspension
The Ombudsman or his Deputy may Remedy: Petition for review under Rule 43 of
preventively suspend any officer or employee the Rules of Court with the Court of Appeals.
under his authority pending an investigation:
1. If in his judgment the evidence of guilt is N.B. The second paragraph of Sec. 14, R.A.
strong,
and
6770, which states that “[n]o court shall hear
2. Either of the following are present: any appeal or application for remedy against
• The charge against such officer or the decision or findings of the Ombudsman,
employee involves dishonesty, oppression except the Supreme Court, on pure question of
or grave misconduct or neglect in the law,” is unconstitutional. Effectively,
performance of duty;
Congress increased the appellate jurisdiction
• The charges would warrant removal from of the Supreme Court without its advice and
the service; or
concurrence. By confining the remedy to a
• The respondent's continued stay in office Rule 45 appeal, the provision takes away the
may prejudice the case filed against him remedy of certiorari, grounded on errors of
[Sec. 24, R.A. 6770].
jurisdiction, in denigration of the judicial power
constitutionally vested in courts [Carpio-
The preventive suspension shall continue until Morales v. CA, G.R. No. 217126-27 (2015)].
the case is terminated by the Office of the
Ombudsman but not more than six (6) months, Decisions or resolutions of the Ombudsman in
without pay, except when the delay in the administrative cases absolving the respondent
disposition of the case by the Office of the of the charge or imposing upon him the penalty
Ombudsman is due to the fault, negligence or of public censure or reprimand, suspension of
petition of the respondent, in which case the not more than one month, or a fine equivalent
period of such delay shall not be counted in to one-month salary, is final and unappealable
computing the period of suspension herein [AGPALO].
provided [Sec. 24, R.A. 6770].
In all other cases, the decision shall become
Prior notice and hearing is not required before final after the expiration of 10 days from receipt
suspension may be meted out. Suspension is thereof by the respondent, unless a motion for
not a punishment or penalty but only a reconsideration or a petition for review is filed
preventive measure to prevent the respondent with the CA pursuant to Rule 43 of the Rules of
from using his position or office to influence or Court [AGPALO].
intimidate prospective witnesses or tamper
with the records which may be vital in the
prosecution of the case against them.
C. JUDICIAL REVIEW IN PENAL
CRIMINAL JURISDICTION PROCEEDINGS
The Ombudsman exercises primary jurisdiction General Rule: Courts cannot review the
to investigate any act or omission of the public exercise of discretion of the Ombudsman in
officer in criminal cases cognizable by the prosecuting or dismissing a criminal complaint
Sandiganbayan filed before it [Loquias v. Ombudsman, G.R.
No. 139396 (2000)].
● The Office of the Special Prosecutor shall exceeding One Million Pesos (1,000,000.00)
be under the supervision and control of the [R.A. 10660].
Ombudsman.
● It shall have the following powers:
In the absence of any allegation that the
○ To conduct preliminary offense charged was necessarily connected
investigation and prosecute with the discharge of the duties or functions of
criminal cases within the a public officer, the ordinary court, not the
jurisdiction of the Sandiganbayan;
Sandiganbayan, has jurisdiction to hear and
○ To enter into plea bargaining decide the case.
agreements; and
○ To perform such other duties What determines the jurisdiction of the
assigned to it by the
Ombudsman. Sandiganbayan is the specific factual
allegation in the Information that would indicate
3. Sandiganbayan close intimacy between the discharge of the
accused's official duties and the commission of
A. NATURE AND COMPOSITION the offense charged in order to qualify the
The Sandiganbayan was created under P.D. crime as having been committed in relation to
1606 as amended by R.A. 8249. It is a special public office. The relation between the crime
court, of the same level as the Court of Appeals and the office must be direct and not
and possessing all the inherent powers of a accidental, that is, the relation has to be such
court of justice. It is composed of a presiding that, in the legal sense, the offense cannot exist
justice and fourteen associate justices who without the office.
shall be appointed by the President.
C. OFFICIALS AND PRIVATE INDIVIDUALS
B. EXCLUSIVE ORIGINAL JURISDICTION SUBJECT TO ITS JURISDICTION
1. Over the following crimes, when committed Under Sec, 4(a) and (b) of P.D. 1606, as
by public officials and employees classified amended, the Sandiganbayan shall exercise
as Salary Grade 27 or higher:
exclusive original jurisdiction over the cases
a. Violations of R.A. 3019 and 1379;
mentioned in (1) above where one or more of
b. Crimes committed by public the accused are officials occupying the
officers and employees embraced following positions in the government, whether
in Chapter II, Sec. 2, Title VII, in a permanent, acting or interim capacity at the
Book II of the Revised Penal time of the commission of the offense:
Code;
c. Other offenses or felonies, whether 1. Officials of the executive branch occupying
simple or complexed with other the positions of regional director and
crimes, committed in relation to higher, otherwise classified as Grade '27'
their office.
and higher, of the Compensation and
Position Classification Act of 1989 (R.A.
2. Civil and criminal cases filed pursuant to and 6758), specifically including:
in connection with Executive Orders No. 1, 2, a. Provincial governors, vice-
14, and 14-a issued in 1986
governors, members of the
sangguniang panlalawigan, and
Provided, That the Regional Trial Court shall provincial treasurers, assessors,
have exclusive original jurisdiction where engineers, and other provincial
the information:
department heads;
a. does not allege any damage to the b. City mayors, vice-mayors,
government or any bribery; or
members of the sangguniang
b. alleges damage to the government or bribery panlungsod, city treasurers,
arising from the same or closely related assessors, engineers, and other
transactions or acts in an amount not city department heads;
2. Elective Officials
a. Provided for in the Constitution
i. President - No person who has
succeeded as President and has
served as such for more than four
years shall be qualified for election
to the same office at any time. [Sec.
4 (1), Art, VII]
ii. Vice President - No more than 2
successive terms. [Sec. 4 (2), Art.
VII]
iii. Senators - No more than 2
consecutive terms. [Sec. 4, Art. VI]
iv. Members of the House of
Representatives - No more than 3
consecutive terms. [Sec. 7, Art. VI]
b. All Elective Local Officials Except
Barangay Officials [Sec. 8, Art. X, 1987
Constitution; Sec. 43, LGC]
i. 3 years from noon of June 30, 1992
or the date provided by law
ii. No official shall serve for more than
3 consecutive terms for the same
position;
c. Barangay and Sangguniang Kabataan
Officials [Sec. 2, R.A. 9164, Sec. 11, R.A.
10742]
i. 3 years
ii. No barangay elective official shall
serve for more than 3 consecutive
terms in the same position
ADMINISTRATIVE LAW
POLITICAL LAW
2. Historical Considerations
A. GENERAL PRINCIPLES
a. Why did administrative agencies come
about?
1. Definition (1) Growing complexities of modern life
(2) Multiplication of number of subjects needing
Administrative law is that branch of modern law government regulation; and
under which the executive department of the (3) Increased difficulty of administering laws
government, acting in a quasi-legislative or [Pangasinan Transportation v. Public Service
quasi-judicial capacity, interferes with the Commission, G.R. No. L-47065 (1940)]
conduct of the individual for the purpose of
promoting the well-being of the community. b. Why are administrative agencies
[Dean Roscoue Pound] needed? Because the government lacks:
(1) Time
Administrative law is the law concerning the (2) Expertise and
powers and procedures of administrative (3) Organizational aptitude for effective and
agencies, including specially the law governing continuing regulation of new developments in
judicial review of administrative actions [K. society [STONE]
Davis, Administrative Law Treatise 1 (1958),
cited in DE LEON]. B. ADMINISTRATIVE
According to scholars, a broad conception of AGENCIES
administrative law is that it is the amalgamation
of public laws (i.e., constitutional provisions, 1. Definition
legislative statutes, judicial opinions, executive
directives) that addresses the democratic "Agency" includes any department, bureau,
legitimacy, control, and performance of office, commission, authority or officer of the
administrative authority and discretion by National Government authorized by law or
specifying the legal structures, procedures, executive order to make rules, issue licenses,
and standards utilized by government agencies grant rights or privileges, and adjudicate cases;
with an emphasis on the role of institutional research institutions with respect to licensing
oversight by the courts. [Andrew Osorio, functions; government corporations with
Foundations of the Administrative Law (2016)] respect to functions regulating private right,
This seems to conform with the understanding privileges, occupation or business; and officials
of this area of law in the Philippines. in the exercise of disciplinary power as
provided by law. [Sec. 2(1), Book VII, Admin
Administrative functions are those which Code.]
involve the regulation and control over the
conduct and affairs of individuals for their own Administrative agencies are the organs of
welfare and the promulgation of rules and government, other than a court and other than
regulations to better carry out the policy of the the legislature, which affect the rights of private
legislature or such as are devolved upon the parties either through adjudication or through
administrative agency by the organic law of its rule-making [NACHURA].
existence. [In Re: Rodolfo v. Manzano, A.M.
No. 88-7-1861-RTC (1988)] Administrative agency is the term used
generally to describe an agency exercising
some significant combination of executive,
legislative, and judicial powers. It is a
government body charged with administering
and implementing particular legislation [DE handled by regular courts. [The Honorable
LEON]. Monetary Board v. Philippine Veterans Bank,
Care must be taken, however, in distinguishing G.R. No. 189571, (2015)]
between the quasi-legislative and quasi-judicial On its rule-making authority, it is
sets of powers and the purely administrative administrative when it does not have the
powers. In contrast to rule-making and discretion to determine what the law shall be
adjudication, purely administrative power is but merely prescribes details for the
concerned with the work of applying policies enforcement of the law.
and enforcing orders as determined by proper
governmental organs. [Romeo Jalosjos v. 4. Kinds of Administrative Agencies
Commission on Elections, G.R. No. 205033,
(2013)] a. Government grant or gratuity,
special privilege (e.g. Bureau of Lands, Phil.
2. Manner of Creation Veterans Admin., GSIS, SSS, PAO);
b. Carrying out the actual business of
a. Agencies of Constitutional Origin – government (e.g. BIR, Bureau of Customs,
those created by the 1987 Constitution (e.g. Bureau of Immigration, Land Registration
CSC, COMELEC, COA, CHR) Authority);
b. Agencies Created by Statutes (e.g. c. Service for public benefit (e.g. Phil
NLRC, SEC, PRC, Social Security Post, PNR, MWSS, NFA, NHA);
Commission, Bureau of Immigration, d. Regulation of businesses affected
Intellectual Property Office, Games and with public interest (e.g. Insurance
Amusement Board, Energy Regulatory Commission, LTFRB, NTC, HLURB);
Commission, and Insurance Commission) e. Regulation of private businesses
c. Executive Orders/Authorities of law and individuals (e.g. SEC);
(e.g. Fact-finding Agencies) f. Adjustment of individual
controversies because of a strong social
Power of the President to Create Ad-hoc policy involved (e.g. ECC, NLRC, SEC, DAR,
Committees COA) [DE LEON]
Under his broad powers to execute the laws,
the President can […] create ad hoc bodies for 5. Control of Administrative Action
purposes of investigating reported crimes. The
President, however, has to observe the limits a. The President's Executive Power
imposed on him by the constitutional plan: he
must respect the separation of powers and the The executive power shall be vested in the
independence of other bodies which have their President of the Philippines. [Sec. 1, Art. VII,
own constitutional and statutory mandates 1987 Constitution]
[Biraogo v. Philippine Truth Commission, G.R.
No. 192935 (2010)]. The President shall have control of all the
executive departments, bureaus, and offices.
3. When is an Agency Administrative? He shall ensure that the laws be faithfully
executed. [Sec. 17, Art. VII, 1987 Constitution]
Where its function is primarily regulatory EVEN
IF it conducts hearings and determines Control - the power of an officer to alter or
controversies to carry out its regulatory duty. modify or nullify or set aside what a subordinate
The ever increasing variety of powers and officer had done in the performance of his
functions given to administrative agencies duties and to substitute the judgment of the
recognizes the need for thr active intervention former for test of the latter
of administrative agencies in matters calling for
technical knowledge and speed in countless Supervision - overseeing or the power or
controversies which cannot be possibly be authority of an officer to see that subordinate
officers perform their duties [Ganzon v. C.A., through scrutiny and investigation) to an
G.R. No. 93252, (1991)] agency to which Congress has by law initially
delegated broad powers [Abakada v. Purisima,
Can the president control ALL administrative G.R. No. 166715, (2008)].
agencies? c. Judicial Review
It depends on whether the enabling statute has
given a power of review to the President. Courts can provide immediate relief and also
they defer to experts. If the law is silent, it does
b. Congressional Oversight Power not mean that there is no judicial review.
Congress uses its oversight power to make For questions of policy, the court will not
sure that the administrative agencies perform interfere with the decisions of administrative
their functions within the authority delegated to agencies.
them.
For questions of discretion, the courts will also
There are three categories of congressional generally not interfere unless there is grave
oversight functions, namely: abuse of discretion.
1. Scrutiny - passive process of looking
at readily available facts; Congress may d. The Ombudsman
request information and report from the other
branches of government. It can give The Office of the Ombudsman has the power
recommendations or pass resolutions for to "investigate and prosecute on its own or on
consideration of the agency involved. complaint by any person, any act or omission
2. Investigation - involves a more of any public officer or employee, office or
intense digging of facts. The power of agency, when such act or omission appears to
Congress to conduct investigation is be illegal, unjust, improper or inefficient." This
recognized by the 1987 Constitution in that the power has been held to include the
Senate or the House of Representatives or any investigation and prosecution of any crime
of its respective committee may conduct committed by a public official regardless of
inquiries in aid of legislation. whether the acts or omissions complained of
3. Supervision - connotes a continuing are related to, or connected with, or arise from
and informed awareness on the part of a the performance of his official duty. It is enough
congressional committee regarding executive that the act or omission was committed by a
operations in a given administrative area. It public official [Lastimosa v. Vasquez, G.R. No.
allows Congress to scrutinize the exercise of 116801, (1995)].
delegated law-making authority, and permits
Congress to retain part of that delegated
authority [Macalintal v. Comelec, G.R. No.
157013, (2003)].
C. POWERS OF ADMINISTRATIVE
AGENCIES
A legislative veto is a statutory provision
requiring the President or an administrative The powers of administrative agencies are:
agency to present the proposed implementing 1. Quasi-legislative (Rule-making)
rules and regulations of a law to Congress 2. Quasi-judicial (Adjudicatory);
which, by itself or through a committee formed 3. Determinative powers
by it, retains a "right" or "power" to approve or a. Enabling powers - permit the doing of
disapprove such regulations before they take
an act which the law undertakes to
effect. As such, a legislative veto in the form of
regulate and which would be unlawful
a congressional oversight committee is in the
without government approval (e.g.
form of an inward-turning delegation designed
to attach a congressional leash (other than
The appointment of an incumbent (permanent [Sec. 11(h), Rule IV, 2017 Omnibus Rules]
employee) whose position was reclassified
However, if it can be shown by evidence that These officers cannot be charged in court with
the accused is harassing the complainant offenses that have removal from office as
Government Code of 1991 [Hagad v. Dozo- It has concurrent jurisdiction with other
Dadole, supra]. investigative agencies with respect to criminal
cases involving public officers cognizable by
The Deputy Ombudsman is also subject to the regular courts [Office of the Ombudsman v.
disciplinary authority of the Ombudsman, and Rodriguez, G.R. No. 172700 (2010)].
not the President [Gonzales III v. Office of the
President, G.R. No. 196231 (2014)]. B. JUDICIAL REVIEW IN ADMINISTRATIVE
PROCEEDINGS
Preventive Suspension
The Ombudsman or his Deputy may Remedy: Petition for review under Rule 43 of
preventively suspend any officer or employee the Rules of Court with the Court of Appeals.
under his authority pending an investigation:
1. If in his judgment the evidence of guilt is N.B. The second paragraph of Sec. 14, R.A.
strong,
and
6770, which states that “[n]o court shall hear
2. Either of the following are present: any appeal or application for remedy against
• The charge against such officer or the decision or findings of the Ombudsman,
employee involves dishonesty, oppression except the Supreme Court, on pure question of
or grave misconduct or neglect in the law,” is unconstitutional. Effectively,
performance of duty;
Congress increased the appellate jurisdiction
• The charges would warrant removal from of the Supreme Court without its advice and
the service; or
concurrence. By confining the remedy to a
• The respondent's continued stay in office Rule 45 appeal, the provision takes away the
may prejudice the case filed against him remedy of certiorari, grounded on errors of
[Sec. 24, R.A. 6770].
jurisdiction, in denigration of the judicial power
constitutionally vested in courts [Carpio-
The preventive suspension shall continue until Morales v. CA, G.R. No. 217126-27 (2015)].
the case is terminated by the Office of the
Ombudsman but not more than six (6) months, Decisions or resolutions of the Ombudsman in
without pay, except when the delay in the administrative cases absolving the respondent
disposition of the case by the Office of the of the charge or imposing upon him the penalty
Ombudsman is due to the fault, negligence or of public censure or reprimand, suspension of
petition of the respondent, in which case the not more than one month, or a fine equivalent
period of such delay shall not be counted in to one-month salary, is final and unappealable
computing the period of suspension herein [AGPALO].
provided [Sec. 24, R.A. 6770].
In all other cases, the decision shall become
Prior notice and hearing is not required before final after the expiration of 10 days from receipt
suspension may be meted out. Suspension is thereof by the respondent, unless a motion for
not a punishment or penalty but only a reconsideration or a petition for review is filed
preventive measure to prevent the respondent with the CA pursuant to Rule 43 of the Rules of
from using his position or office to influence or Court [AGPALO].
intimidate prospective witnesses or tamper
with the records which may be vital in the
prosecution of the case against them.
C. JUDICIAL REVIEW IN PENAL
CRIMINAL JURISDICTION PROCEEDINGS
The Ombudsman exercises primary jurisdiction General Rule: Courts cannot review the
to investigate any act or omission of the public exercise of discretion of the Ombudsman in
officer in criminal cases cognizable by the prosecuting or dismissing a criminal complaint
Sandiganbayan filed before it [Loquias v. Ombudsman, G.R.
No. 139396 (2000)].
● The Office of the Special Prosecutor shall exceeding One Million Pesos (1,000,000.00)
be under the supervision and control of the [R.A. 10660].
Ombudsman.
● It shall have the following powers:
In the absence of any allegation that the
○ To conduct preliminary offense charged was necessarily connected
investigation and prosecute with the discharge of the duties or functions of
criminal cases within the a public officer, the ordinary court, not the
jurisdiction of the Sandiganbayan;
Sandiganbayan, has jurisdiction to hear and
○ To enter into plea bargaining decide the case.
agreements; and
○ To perform such other duties What determines the jurisdiction of the
assigned to it by the
Ombudsman. Sandiganbayan is the specific factual
allegation in the Information that would indicate
3. Sandiganbayan close intimacy between the discharge of the
accused's official duties and the commission of
A. NATURE AND COMPOSITION the offense charged in order to qualify the
The Sandiganbayan was created under P.D. crime as having been committed in relation to
1606 as amended by R.A. 8249. It is a special public office. The relation between the crime
court, of the same level as the Court of Appeals and the office must be direct and not
and possessing all the inherent powers of a accidental, that is, the relation has to be such
court of justice. It is composed of a presiding that, in the legal sense, the offense cannot exist
justice and fourteen associate justices who without the office.
shall be appointed by the President.
C. OFFICIALS AND PRIVATE INDIVIDUALS
B. EXCLUSIVE ORIGINAL JURISDICTION SUBJECT TO ITS JURISDICTION
1. Over the following crimes, when committed Under Sec, 4(a) and (b) of P.D. 1606, as
by public officials and employees classified amended, the Sandiganbayan shall exercise
as Salary Grade 27 or higher:
exclusive original jurisdiction over the cases
a. Violations of R.A. 3019 and 1379;
mentioned in (1) above where one or more of
b. Crimes committed by public the accused are officials occupying the
officers and employees embraced following positions in the government, whether
in Chapter II, Sec. 2, Title VII, in a permanent, acting or interim capacity at the
Book II of the Revised Penal time of the commission of the offense:
Code;
c. Other offenses or felonies, whether 1. Officials of the executive branch occupying
simple or complexed with other the positions of regional director and
crimes, committed in relation to higher, otherwise classified as Grade '27'
their office.
and higher, of the Compensation and
Position Classification Act of 1989 (R.A.
2. Civil and criminal cases filed pursuant to and 6758), specifically including:
in connection with Executive Orders No. 1, 2, a. Provincial governors, vice-
14, and 14-a issued in 1986
governors, members of the
sangguniang panlalawigan, and
Provided, That the Regional Trial Court shall provincial treasurers, assessors,
have exclusive original jurisdiction where engineers, and other provincial
the information:
department heads;
a. does not allege any damage to the b. City mayors, vice-mayors,
government or any bribery; or
members of the sangguniang
b. alleges damage to the government or bribery panlungsod, city treasurers,
arising from the same or closely related assessors, engineers, and other
transactions or acts in an amount not city department heads;
2. Elective Officials
a. Provided for in the Constitution
i. President - No person who has
succeeded as President and has
served as such for more than four
years shall be qualified for election
to the same office at any time. [Sec.
4 (1), Art, VII]
ii. Vice President - No more than 2
successive terms. [Sec. 4 (2), Art.
VII]
iii. Senators - No more than 2
consecutive terms. [Sec. 4, Art. VI]
iv. Members of the House of
Representatives - No more than 3
consecutive terms. [Sec. 7, Art. VI]
b. All Elective Local Officials Except
Barangay Officials [Sec. 8, Art. X, 1987
Constitution; Sec. 43, LGC]
i. 3 years from noon of June 30, 1992
or the date provided by law
ii. No official shall serve for more than
3 consecutive terms for the same
position;
c. Barangay and Sangguniang Kabataan
Officials [Sec. 2, R.A. 9164, Sec. 11, R.A.
10742]
i. 3 years
ii. No barangay elective official shall
serve for more than 3 consecutive
terms in the same position
ADMINISTRATIVE LAW
POLITICAL LAW
2. Historical Considerations
A. GENERAL PRINCIPLES
a. Why did administrative agencies come
about?
1. Definition (1) Growing complexities of modern life
(2) Multiplication of number of subjects needing
Administrative law is that branch of modern law government regulation; and
under which the executive department of the (3) Increased difficulty of administering laws
government, acting in a quasi-legislative or [Pangasinan Transportation v. Public Service
quasi-judicial capacity, interferes with the Commission, G.R. No. L-47065 (1940)]
conduct of the individual for the purpose of
promoting the well-being of the community. b. Why are administrative agencies
[Dean Roscoue Pound] needed? Because the government lacks:
(1) Time
Administrative law is the law concerning the (2) Expertise and
powers and procedures of administrative (3) Organizational aptitude for effective and
agencies, including specially the law governing continuing regulation of new developments in
judicial review of administrative actions [K. society [STONE]
Davis, Administrative Law Treatise 1 (1958),
cited in DE LEON]. B. ADMINISTRATIVE
According to scholars, a broad conception of AGENCIES
administrative law is that it is the amalgamation
of public laws (i.e., constitutional provisions, 1. Definition
legislative statutes, judicial opinions, executive
directives) that addresses the democratic "Agency" includes any department, bureau,
legitimacy, control, and performance of office, commission, authority or officer of the
administrative authority and discretion by National Government authorized by law or
specifying the legal structures, procedures, executive order to make rules, issue licenses,
and standards utilized by government agencies grant rights or privileges, and adjudicate cases;
with an emphasis on the role of institutional research institutions with respect to licensing
oversight by the courts. [Andrew Osorio, functions; government corporations with
Foundations of the Administrative Law (2016)] respect to functions regulating private right,
This seems to conform with the understanding privileges, occupation or business; and officials
of this area of law in the Philippines. in the exercise of disciplinary power as
provided by law. [Sec. 2(1), Book VII, Admin
Administrative functions are those which Code.]
involve the regulation and control over the
conduct and affairs of individuals for their own Administrative agencies are the organs of
welfare and the promulgation of rules and government, other than a court and other than
regulations to better carry out the policy of the the legislature, which affect the rights of private
legislature or such as are devolved upon the parties either through adjudication or through
administrative agency by the organic law of its rule-making [NACHURA].
existence. [In Re: Rodolfo v. Manzano, A.M.
No. 88-7-1861-RTC (1988)] Administrative agency is the term used
generally to describe an agency exercising
some significant combination of executive,
legislative, and judicial powers. It is a
government body charged with administering
and implementing particular legislation [DE handled by regular courts. [The Honorable
LEON]. Monetary Board v. Philippine Veterans Bank,
Care must be taken, however, in distinguishing G.R. No. 189571, (2015)]
between the quasi-legislative and quasi-judicial On its rule-making authority, it is
sets of powers and the purely administrative administrative when it does not have the
powers. In contrast to rule-making and discretion to determine what the law shall be
adjudication, purely administrative power is but merely prescribes details for the
concerned with the work of applying policies enforcement of the law.
and enforcing orders as determined by proper
governmental organs. [Romeo Jalosjos v. 4. Kinds of Administrative Agencies
Commission on Elections, G.R. No. 205033,
(2013)] a. Government grant or gratuity,
special privilege (e.g. Bureau of Lands, Phil.
2. Manner of Creation Veterans Admin., GSIS, SSS, PAO);
b. Carrying out the actual business of
a. Agencies of Constitutional Origin – government (e.g. BIR, Bureau of Customs,
those created by the 1987 Constitution (e.g. Bureau of Immigration, Land Registration
CSC, COMELEC, COA, CHR) Authority);
b. Agencies Created by Statutes (e.g. c. Service for public benefit (e.g. Phil
NLRC, SEC, PRC, Social Security Post, PNR, MWSS, NFA, NHA);
Commission, Bureau of Immigration, d. Regulation of businesses affected
Intellectual Property Office, Games and with public interest (e.g. Insurance
Amusement Board, Energy Regulatory Commission, LTFRB, NTC, HLURB);
Commission, and Insurance Commission) e. Regulation of private businesses
c. Executive Orders/Authorities of law and individuals (e.g. SEC);
(e.g. Fact-finding Agencies) f. Adjustment of individual
controversies because of a strong social
Power of the President to Create Ad-hoc policy involved (e.g. ECC, NLRC, SEC, DAR,
Committees COA) [DE LEON]
Under his broad powers to execute the laws,
the President can […] create ad hoc bodies for 5. Control of Administrative Action
purposes of investigating reported crimes. The
President, however, has to observe the limits a. The President's Executive Power
imposed on him by the constitutional plan: he
must respect the separation of powers and the The executive power shall be vested in the
independence of other bodies which have their President of the Philippines. [Sec. 1, Art. VII,
own constitutional and statutory mandates 1987 Constitution]
[Biraogo v. Philippine Truth Commission, G.R.
No. 192935 (2010)]. The President shall have control of all the
executive departments, bureaus, and offices.
3. When is an Agency Administrative? He shall ensure that the laws be faithfully
executed. [Sec. 17, Art. VII, 1987 Constitution]
Where its function is primarily regulatory EVEN
IF it conducts hearings and determines Control - the power of an officer to alter or
controversies to carry out its regulatory duty. modify or nullify or set aside what a subordinate
The ever increasing variety of powers and officer had done in the performance of his
functions given to administrative agencies duties and to substitute the judgment of the
recognizes the need for thr active intervention former for test of the latter
of administrative agencies in matters calling for
technical knowledge and speed in countless Supervision - overseeing or the power or
controversies which cannot be possibly be authority of an officer to see that subordinate
officers perform their duties [Ganzon v. C.A., through scrutiny and investigation) to an
G.R. No. 93252, (1991)] agency to which Congress has by law initially
delegated broad powers [Abakada v. Purisima,
Can the president control ALL administrative G.R. No. 166715, (2008)].
agencies? c. Judicial Review
It depends on whether the enabling statute has
given a power of review to the President. Courts can provide immediate relief and also
they defer to experts. If the law is silent, it does
b. Congressional Oversight Power not mean that there is no judicial review.
Congress uses its oversight power to make For questions of policy, the court will not
sure that the administrative agencies perform interfere with the decisions of administrative
their functions within the authority delegated to agencies.
them.
For questions of discretion, the courts will also
There are three categories of congressional generally not interfere unless there is grave
oversight functions, namely: abuse of discretion.
1. Scrutiny - passive process of looking
at readily available facts; Congress may d. The Ombudsman
request information and report from the other
branches of government. It can give The Office of the Ombudsman has the power
recommendations or pass resolutions for to "investigate and prosecute on its own or on
consideration of the agency involved. complaint by any person, any act or omission
2. Investigation - involves a more of any public officer or employee, office or
intense digging of facts. The power of agency, when such act or omission appears to
Congress to conduct investigation is be illegal, unjust, improper or inefficient." This
recognized by the 1987 Constitution in that the power has been held to include the
Senate or the House of Representatives or any investigation and prosecution of any crime
of its respective committee may conduct committed by a public official regardless of
inquiries in aid of legislation. whether the acts or omissions complained of
3. Supervision - connotes a continuing are related to, or connected with, or arise from
and informed awareness on the part of a the performance of his official duty. It is enough
congressional committee regarding executive that the act or omission was committed by a
operations in a given administrative area. It public official [Lastimosa v. Vasquez, G.R. No.
allows Congress to scrutinize the exercise of 116801, (1995)].
delegated law-making authority, and permits
Congress to retain part of that delegated
authority [Macalintal v. Comelec, G.R. No.
157013, (2003)].
C. POWERS OF ADMINISTRATIVE
AGENCIES
A legislative veto is a statutory provision
requiring the President or an administrative The powers of administrative agencies are:
agency to present the proposed implementing 1. Quasi-legislative (Rule-making)
rules and regulations of a law to Congress 2. Quasi-judicial (Adjudicatory);
which, by itself or through a committee formed 3. Determinative powers
by it, retains a "right" or "power" to approve or a. Enabling powers - permit the doing of
disapprove such regulations before they take
an act which the law undertakes to
effect. As such, a legislative veto in the form of
regulate and which would be unlawful
a congressional oversight committee is in the
without government approval (e.g.
form of an inward-turning delegation designed
to attach a congressional leash (other than
are first resolved by the body which has 8. Where the administrative remedy is only
the expertise and competence to resolve permissive or voluntary and not a
them, and, in most cases, to give the prerequisite to the institution of judicial
agency a chance to correct its own errors proceedings. [Corpus v. Cuaderno, Sr.,
and prevent unnecessary and premature G.R. No. L-17860 (1962)]
resort to the courts. It also entails lesser 9. Application of the doctrine will only cause
expenses and provides for a speedier great and irreparable damage which
disposition of controversies. cannot be prevented except by taking the
c. Reasons of comity: Expedience, appropriate court action. [De Lara, Jr. v.
courtesy, convenience. Cloribel, G.R. No. L-21653 (1965)]
d. Separation of powers: enjoins upon the 10. When it involves the rule-making or quasi-
Judiciary a policy of non-interference with legislative functions of an administrative
matters falling primarily (albeit not agency. [Smart v. NTC, supra]
exclusively) within the competence of 11. Administrative agency is in estoppel.
other departments. [Republic v. Sandiganbayan, supra]
12. Doctrine of qualified political agency
a. Exceptions to the Doctrine (respondent is a department secretary
whose acts as an alter ego of the President
The exceptions may be condensed into three: bears the implied and assumed approval
1. Grave abuse of discretion; of the latter). [Demaisip v. CA, G.R. No. L-
2. Pure question of law; or 13000 (1959); Pagara v. CA, G.R. No.
3. No other plain, speedy, and adequate 96882 (1996)]
remedy. 13. Subject of controversy is private land in
land case proceedings. [Soto v. Jareno,
This list has been expanded by case law to
G.R. No. L-38962 (1986)]
include:
14. Violation of due process [Pagara v. CA,
1. Purely legal questions [Castro v. Secretary,
supra]
G.R. No. 132174 (2001)]
2. There is grave doubt as to the availability 15. Where there is unreasonable delay or
official inaction that will irretrievably
of the administrative remedy [Pascual v.
prejudice the complainant. [Republic v.
Provincial Board, supra]
3. Steps to be taken are merely matters of Sandiganbayan, supra]
16. Administrative action is patently illegal
form. [Pascual v. Provincial Board, supra]
4. Administrative remedy not exclusive but amounting to lack or excess of jurisdiction.
merely cumulative or concurrent to a [DAR v. Apex Investment, supra]
17. Resort to administrative remedy will
judicial remedy. [Pascual v. Provincial
amount to a nullification of a claim. [Paat v.
Board, supra]
5. There are circumstances indicating CA, G.R. No. 111107 (1997); Alzate v.
urgency of judicial intervention. [DAR v. Aldana, G.R. No. L- 14407 (1960)]
18. No administrative review provided for by
Apex Investment, G.R. No. 149422 (2003)]
6. Rule does not provide plain, speedy, law. [Estrada v. CA, G.R. No. 137862
(2004)]
adequate remedy. [Information
19. Issue of non-exhaustion of administrative
Technology Foundation v. COMELEC,
remedies has been rendered moot.
G.R. No. 159139 (2004)]
[included in the enumeration in Estrada v.
7. Resort to exhaustion will only be
oppressive and patently unreasonable. CA, supra]
20. When the claim involved is small.
[Cipriano v. Marcelino, G.R. No. L-27793
(1972)] 21. When strong public interest is involved.
22. In quo warranto proceedings [included in c. When Appeals to the Office of the
the enumeration in Lopez v. City of Manila, President are Required
G.R. No. 127139 (1999)]
23. Law expressly provides for a different A decision or order issued by a department or
review procedure. [Samahang agency need not be appealed to the Office of
Magbubukid v. CA, G.R. No. 103953 the President when there is a special law that
(1999)]; and provides for a different mode of appeal. If the
24. When there is no express legal provision law does not provide for a specific relief,
requiring such administrative step as a appeals may be taken to the Office of the
President [Moran v. Office of the President,
condition precedent to taking action in
G.R. No. 192957 (2014)].
court. [CSC v. DBM, G.R. No. 158791
(2005)]
When OP is not exercising quasi-judicial
functions
b. Effect of Failure to Exhaust When the OP itself represents a party, i.e., the
Administrative Remedies Republic, to a contract, it merely exercises a
contractual right by cancelling/revoking said
A direct action in court without prior exhaustion agreement—a purely administrative action
of administrative remedies, when required, is which should not be considered quasi-judicial
premature, warranting its dismissal on a motion in nature. Thus, absent the OP's proper
to dismiss grounded on lack of cause of action. exercise of a quasi-judicial function, the CA has
no appellate jurisdiction over the case [Narra
Before a party is allowed to seek the Nickel Mining and Development Corp. v.
intervention of the court, it is a pre-condition Redmont Consolidated Mines Corp., G.R. No.
that he should have availed of all the means of 202877 (2015)].
administrative processes afforded him. Hence,
if a remedy within the administrative machinery Doctrine of Doctrine of
can still be resorted to by giving the Exhaustion Primary
administrative officer concerned every of Administrati
opportunity to decide on a matter that comes Administrati ve
within his jurisdiction then such remedy should ve Remedies Jurisdiction
be exhausted first before the court's judicial Jurisdictio Appellate Concurrent
power can be sought. The premature n of Court Original
invocation of court's intervention is fatal to Jurisdiction
one's cause of action. Accordingly, absent any with Admin
finding of waiver or estoppel the case is Body
susceptible of dismissal for lack of cause of Ground Exhaustion of The court
action. [Rosita Montanez v. Provincial Agrarian for Non- Administrativ yields to the
Reform Adjudicator et. al., G.R. No. 183142 exercise e remedy is a jurisdiction of
(2009)]. Of condition the
Jurisdictio precedent. administrative
Failure to observe the doctrine of exhaustion of n agency
administrative remedies does not affect the because of its
Court’s jurisdiction. specialized
knowledge or
If not invoked at the proper time, this ground is expertise.
deemed waived and the court can take Court Dismiss Suspend
cognizance of the case and try it [Republic v. Action Judicial
Sandiganbayan, G.R. Nos. 112708-09 (1996)]. Action
3. Doctrine of Finality of
Administrative Action
Courts will not interfere with the act of an
administrative agency before it has reached
finality or it has been completed.
ELECTION LAW
POLITICAL LAW
Congress is prohibited by the Constitution to Any person, who, on the day of registration
impose additional substantive requirements for may not have reached the required age or
voting like education, sex, and taxpaying period of residence but, who, on the day of
ability, but Congress may add procedural the election shall possess such
requirements by promulgation of the necessary qualifications, may register as a voter.
laws. [Sec. 9, R.A. 8189]
Congress may impose limitations on the 3. Resident of the Philippines for at least
statutory right of suffrage. The provision under one (1) year
Sec. 1, Art. V, Const. [that no literacy, property,
or other substantive requirement shall be 4. Resident of the place wherein they
imposed on the exercise of suffrage] is merely propose to vote for at least six (6)
“geared towards the elimination of irrelevant
standards that are purely based on socio-
In election cases, the Court treats domicile and N.B. The right to vote shall be
residence as synonymous terms. Both import automatically reacquired upon
not only an intention to reside in a fixed place expiration of five (5) years after service
but also personal presence in that place, of sentence.
coupled with conduct indicative of such
intention [Pundaodaya v. COMELEC, G.R. No. 3. Insane or incompetent persons
179313 (2009)]. declared as such by competent
authority
There is nothing wrong in an individual
changing residences so he could run for an
Exception: Unless subsequently declared
elective post, for as long as he is able to prove
by proper authority that such person is no
that he has effected a change of residence for
longer insane or incompetent.
the period required by law [Aquino v.
COMELEC, G.R. No. 120265 (1995)].
warranted by the circumstances. [Sec. 3, Rule appropriate legislation that will benefit the
2, COMELEC Resolution No. 9371 (2012)] nation as a whole, to become members of the
House of Representatives [Sec. 2, R.A. 7941,
Special Polling Place Inside Jail Party-List System Act].
The polling places established in jails where
detainee voters cast their votes. [Sec. 2, Rule Definitions
1, COMELEC Resolution No. 9371 (2012)] Sec. 3, R.A. 7941.
Section 3. Definition of Terms.
Escorted Voting (a) The party-list system is a mechanism of
proportional representation in the election of
Voting mechanism (i) for detainee voters who
representatives to the House of Representatives
are residents/ registered voters of from national, regional and sectoral parties or
municipalities/cities other than the town/city of organizations or coalitions thereof registered with
incarceration; and/or (ii) for detainee voters in the Commission on Elections (COMELEC).
jail facilities where no special polling places are Component parties or organizations of a coalition
established. [Sec. 2, Rule 1, COMELEC may participate independently provided the coalition
of which they form part does not participate in the
Resolution No. 9371 (2012)]
party-list system.
(b) A party means either a political party or a
Requirements for Escorted Voting sectoral party or a coalition of parties.
a. Detainee voters obtained court orders
allowing them to vote in the polling place Sec. 3, COMELEC Resolution 9366
where they are registered. SEC. 3. Who may participate. – The following
b. It is logistically feasible on the part of the organized groups may participate in the party-list
election:
jail/prison administration to escort the
detainee voter to the polling place where a. Sectoral party – an organized group of citizens
he is registered. whose principal advocacy pertains to the special
c. Reasonable measures shall be undertaken interests and concerns of the following sectors:
Labor; Peasant; Urban Poor; Indigenous Cultural
by the jail/prison administration to secure Communities; Elderly; Handicapped; Women;
the safety of detainee voters, prevent their Youth; Overseas Workers; Fisherfolk; Veterans;
escape and ensure public safety. [Sec. 1, and Professionals;
Rule 7, COMELEC Resolution No. 9371
The enumeration of marginalized and under-
(2012)] represented sectors is not exclusive. The crucial
element is not whether a sector is specifically
enumerated, but whether a particular organization
complies with the requirements of the Constitution
B. POLITICAL PARTIES and RA 7941 [Ang Ladlad LGBT Party v.
COMELEC, G.R. No. 190582 (2010)].
Sec. 6, Art. IX-C, 1987 Constitution. A free and Sectoral parties or organizations may either be
open party system shall be allowed to evolve “marginalized and underrepresented” or “lacking in
according to the free choice of the people. well-defined political constituencies.” It is enough
that their principal advocacy pertains to the special
Sec. 7, Art. IX-C, 1987 Constitution. No votes cast interest and concerns of their sector. [Atong
in favor of a political party, organization, coalition Paglaum v COMELEC. G.R. No. 2037066 (2013)]
shall be valid, except for those registered under the
party-list system.
b. Sectoral organization – a group of qualified
voters bound together by similar physical attributes
Purpose: To enable Filipino citizens belonging or characteristics, or by employment, interests or
to marginalized and underrepresented sectors, concerns;
organizations and parties, and who lack well-
defined political constituencies but who could c. Political Party – an organized group of qualified
contribute to the formulation and enactment of voters pursuing the same ideology, political ideas
“[T]he COMELEC’s powers and functions COMELEC shall publish the petition in at least 3
national newspapers of general circulation
under Section 2, Article IX-C of the
Constitution, "include the ascertainment of the
COMELEC shall, after due notice and hearing,
identity of the political party and its legitimate resolve the petition within 15 days from the date it
officers responsible for its acts." was submitted for decision, but in no case later than
60 days before elections
[T]he COMELEC’s power to register political [Sec. 5, R.A. 7941]
parties necessarily involved the determination
of the persons who must act on its behalf. c. Groups which Cannot be Registered as
Thus, the COMELEC may resolve an intra- Political Parties
party leadership dispute, in a proper case 1. Religious denominations and sects;
brought before it, as an incident of its power to 2. Those which seek to achieve their
register political parties” [Atienza v. goals through violence or unlawful
COMELEC, G.R. No. 188920 (2010)].
means;
3. Those which refuse to uphold and
c. Other petitions fileable by political parties
(i.e. Petition to Deny Due Course or Cancel, adhere to the Constitution; or
Petition for Disqualification) 4. Those supported by foreign
governments [Sec. 2(5), Art. IX-C,
1987 Constitution]
On Citizenship b. Disqualifications
The law does not specify any particular date or Under the Omnibus Election Code (B.P. Blg.
time when the candidate must possess 881)
citizenship unlike that for residence and age. It
must be possessed upon proclamation or on Sec. 12—Disqualifications to be a candidate
the day that the rem begins [Frivaldo v and to hold any office:
COMELEC, supra] Any person who has been
1. Declared by competent authority insane or
On Residency incompetent, or
There is no hard and fast rule to determine a 2. Has been sentenced by final judgment
candidate’s compliance with residency a. For subversion, insurrection, rebellion or
requirement since the question of residence is b. For any offense for which he has been
a question of intention. Still, jurisprudence has sentenced to a penalty of more than eighteen
laid down the following guidelines: (a) every months or
person has a domicile or residence c. For a crime involving moral turpitude
somewhere; (b) where once established, that
domicile remains until he acquires a new one; N.B. As to disqualifications under Sec. 12:
and (c) a person can have but one domicile at ● These will not apply if the person has been
a time. [Jalosjos v COMELEC, G.R. No. given plenary pardon or amnesty.
191970 (2012)] ● These are deemed removed upon
declaration by competent authority that the
insanity/incompetence has been removed,
or after the expiration of a period of five
years from service of sentence.
5. Fugitive from justice in criminal and non- Sec. 73, B.P. Blg. 881. No person shall be
political cases here and abroad. eligible for any elective public office unless he
files a sworn certificate of candidacy within the
period fixed herein.
“Fugitive from justice” includes (a) those
who flee after conviction to avoid
Certificate of Candidacy
punishment and (b) those who, after being
A certificate of candidacy is in the nature of a
charged, flee to avoid prosecution. This
formal manifestation to the whole world of the
presupposes knowledge by the fleeing
candidate's political creed or lack of political
subject of either an already instituted
creed. It is a statement of a person seeking to
indictment or of a promulgated judgment of
run for a public office certifying that he
conviction [Rodriquez v. COMELEC, G.R.
announces his candidacy for the office
No. 120099 (1996)].
mentioned and that he is eligible for the office,
6. Insane or feeble-minded.
the name of the political party to which he
belongs, if he belongs to any, and his post-
office address for all election purposes being
as well stated. [Engle v COMELEC, G.R. No.
215995 (2016)]
from running for public office [Jalosjos v. c. Statement shall be accepted if filed by a
COMELEC , G.R. No. 193237 (2012)]. person other than the candidate himself or
if filed by mail, electronic mail, telegram, or
Lone Candidate in a Special Election facsimile [Sec. 14, Comelec Resolution No.
R.A. 8295 9518, (Sept. 11, 2012)]
Sec. 2. Proclamation of a lone candidate. —
Upon the expiration of the deadline for the Any person who withdraws shall not be eligible
filing of the certificates of candidacy in a whether as a substitute candidate or not, for
special election called to fill a vacancy in an any other position.
elective position other than for President and
Vice President, when there is only one (1) Effects of filing or withdrawal of a certificate
qualified candidate for such position, the lone of candidacy
candidate shall be proclaimed elected to the a. Filing or withdrawal shall not affect
position by proper proclaiming body of the whatever civil, criminal or administrative
Commission on Elections without holding the liabilities which a candidate may have
special election upon certification by the incurred [Sec. 73, B.P. Blg. 881].
Commission on Elections that he is the only b. If the candidate who withdraws is the
candidate for the office and is thereby official candidate of a registered or
deemed elected.
accredited political party, “the same
political party may file a certificate of
Sec. 3. Assumption of office. — In the candidacy to replace the candidate.” The
absence of any lawful ground to deny due substitute must file his COC not later than
course or cancel the certificate of candidacy mid-day of election day [Sec. 77, B.P. Blg.
in order to prevent such proclamation, as 881].
provided for under Sec.s 69 and 78 of Batas
Pambansa Bilang 881 also known as the Substitution
Omnibus Election Code of the Philippines, Grounds: If after the last day for filing of the
the candidate referred to in the preceding certificates of candidacy, an official candidate
paragraph shall assume office not earlier of a registered political party
than the scheduled election day. xxx a. Dies,
b. withdraws or
b. Substitution and withdrawal of c. is disqualified for any cause
he may be substituted by a candidate
candidates
belonging to and nominated by the same
political party.
Withdrawal of Certificate of Candidacy
A person who has filed a certificate of
When:
candidacy may, prior to the election, withdraw
a. The substitute candidate nominated by the
the same by submitting to the office concerned
a written declaration under oath [Sec. 73, B.P. political party concerned may file his
Blg. 881]. certificate of candidacy for the office
affected in accordance with the preceding
Procedure sections not later than mid-day of the day
a. File a Statement of Withdrawal under oath of the election.
in 5 legible copies, with the office where the b. If the death, withdrawal or disqualification
Certificate of Candidacy was filed should occur between the day before the
b. At any time before Election Day subject to election and mid-day of election day said
Sec. 15 certificate may be filed with any board of
election inspectors in the political
Campaign Periods [Sec. 5, R.A. 7166] candidate only at the start of the campaign
period, and unlawful acts applicable to such
President, Vice- 90 days before the
candidate take effect only at the start of such
President, Senators day of the election
campaign period. Thus, a candidate is liable for
(i.e. offices with
an election offense only for acts done during
national
the campaign period, not before. Before the
constituencies)
start of the campaign period, such election
Members of the 45 days before the offenses cannot be committed and any
House of day of the election partisan political activity is lawful.
Representatives,
Elective Local Equal Access to Media Time and Space
Government Officials Print advertisements [Sec. 6.1, R.A. 9006]
(except Barangay ● shall not exceed 1/4 page, in broad sheet
Officials); Special and 1/2 page in tabloids thrice a week per
Election newspaper, magazine or other
publications.
Barangay Election 15 days before the
day of the election TV advertisements [Sec. 6.2, R.A. 9006]
In the preparation of the election calendar, the ● shall not exceed 120 mins for bona fide
Commission may exclude the day before the candidates and registered political parties
day of the election itself, Maundy Thursday and running for nationally elective office,
Good Friday. whether by purchase or donation
● shall not exceed 60 mins for bona fide
N.B. Election period is not the same with candidates and registered political parties
campaign period. The former includes the 30 running for locally elective office, whether
days after election while the latter can only by purchase or donation
include the 90 days prior to election day. [DE
LEON] Radio advertisements [Sec. 6.2, R.A. 9006]
● shall not exceed 180 mins for bona fide
1. Premature campaigning candidates and registered political parties
running for nationally elective office,
General Rule: Any election campaign or whether by purchase or donation
partisan political activity for or against any ● shall not exceed 90 mins for bona fide
candidate outside of the campaign period is candidates and registered political parties
prohibited and shall be considered as an running for locally elective office, whether
election offense [Sec. 80, B.P. Blg. 881].
by purchase or donation
Exception: Political parties may hold political
Right to Reply [Sec. 10, R.A. 9006]
conventions to nominate their official
All registered parties and bona fide candidates
candidates within 30 days before the start of
shall have the right to reply to charges
the period for filing a certificate of candidacy
published against them. The reply shall be
[Sec. 15, R.A. 9369].
given publicity by the newspaper, television
and/or radio station which first printed or aired
In Penera v. COMELEC [G.R. No. 181613
the charges with the same prominence or in the
(2009)], at the time the supposed premature
same page or section or in the same time slot
campaigning took place, Penera was not
as the first statement.
officially a “candidate” although she already
filed her certificate of candidacy. Under Section
N.B. The airtime rules are applied on a per
15 of R.A. 9369, a person who files his
station basis. COMELEC Resolution No. 9615,
certificate of candidacy is considered a
2. The amount contributed by a donor shall be Effect of Failure to File Statement [Sec. 14,
included in the computation of the R.A. 7166]
candidate’s allowable limit of election 1. The person elected to any public office
expenses [Ejercito v. Comelec, G.R. No. cannot enter upon the duties of his office
212398 (2014)] 2. N.B. The same prohibition applies if the
political party which nominated the winning
4. Limitations on candidate fails to file the statements.
3. Imposition of administrative Fines (except
expenses [Sec. 13, R.A. 7166] candidates for elective barangay office)
● 1st offense
For Candidates
o P1,000-P30,000 in the
1. President and VP: P10 for every voter
discretion of the Commission
currently registered
o To be paid within 30 days from
2. Other candidates: P3 for every voter
receipt of notice of failure to file;
currently registered in the constituency
Otherwise, it shall be
where he filed his certificate of candidacy
enforceable by a writ of
Except: A candidate without any political execution issued by the
party and without support from any political Commission against the
party may be allowed to spend P5 for every properties of the offender
such voter ● 2nd or subsequent offense
o P2,000-P60,000 in the
For political parties discretion of the Commission
P5 for every voter currently registered in the o Perpetual disqualification to
constituency or constituencies where it has hold public office
official candidates
It shall be the duty of every city or municipal
5. Statement of contributions election registrar to advise in writing, by
and expenses (SOCE) personal delivery or registered mail, within five
(5) days from the date of election all candidates
Definition [Sec. 14, R.A. 7166] residing in his jurisdiction to comply with their
● The full, true and itemized statement of all obligation to file their statements of
contributions and expenditures.
contributions and expenditures in
connection with the election
● Filed by every candidate and treasurer of E. BOARD OF ELECTION
the political party INSPECTORS AND BOARD OF
● Filed with the COMELEC in duplicate ELECTION CANVASSERS
within 30 days after the day of the election
Automated Election System (AES): A system
Section 14 of R.A. 7166 states that "every using appropriate technology which has been
candidate" has the obligation to file his demonstrated in the voting, counting,
statement of contributions and expenditures. consolidating, canvassing, and transmission of
xxx the term "every candidate" must be election result, and other electoral processes
deemed to refer not only to a candidate who [Sec. 2 par. 1, R.A. 9369 (2007)]
pursued his campaign, but also to one who
withdrew his candidacy. [Pilar v. Comelec,
G.R. No. 115245 (1995)]
3. The Clerk of Court nominated by the open all the certificates in the presence of
Executive Judge of the Regional Trial the Senate and the House of
Court; and Representatives in joint public session.
4. Any other available appointive provincial 2. Congress upon determination of the
official. authenticity and the due execution thereof
in the manner provided by law shall:
In the case of the CBOC, the officials in the city a. canvass all the results for president
corresponding to those enumerated above. and vice- president and
In the case of the MBOC: b. proclaim the winning candidates
1. The Municipal Administrator; [Sec. 22, R.A. 9369]
2. The Municipal Assessor;
3. The Clerk of Court of the Municipal Trial COMELEC en banc as National BOC for
Court; or Senators and Party List Representatives
4. Any other available appointive municipal It shall canvass the results by consolidating the
officials. certificates of canvass electronically
transmitted. Thereafter, the national board
In case of the RBOC, their substitutes shall shall proclaim the winning candidates for
come from the same office where the senators and party-list representatives [Sec.
substituted members came from. 23, R.A. 9369].
Prohibitions on BOC [Secs. 222-224, B.P. Powers and Functions of Local BOCs [Sec.
Blg. 881] 23, COMELEC Reso 10485]
1. Chairman and members shall not be
related within the 4th civil degree of Powers:
consanguinity or affinity to any of the 1. The BOC shall have full authority to keep
candidates whose votes will be canvassed order within the canvassing room or hall
by said board, or to any member of the said including its premises and enforce
board obedience to its lawful orders.
2. No member or substitute member shall be 2. If any person refuses to obey any lawful
transferred, assigned or detailed outside of order of the BOC or acts in such disorderly
his official station, nor shall he leave said manner as to disturb or interrupt its
station without prior authority of the proceedings, the BOC may order in writing
COMELEC during the period beginning a peace officer to take such person into
election day until the proclamation of the custody until adjournment of the meeting.
winning candidates 3. In the absence of any peace officer, any
3. No member shall feign illness to be other competent and able person
substituted on election day until the deputized by the BOC in writing may
proclamation of the winning candidates. execute such order.
Feigning of illness constitutes an election
offense Functions:
Further, the BOC shall:
b. Powers and functions of the BOC 1. Canvass/consolidate the electronically
Functions of National BOCs transmitted results;
Senate as National BOC for President and Vice 2. Generate and print the Certificates Of
President Canvass, Certificates of Canvass and
1. Upon receipt of the certificates of canvass, Proclamations and Statement of Votes;
the President of the Senate shall, not later 3. Electronically transmit the results;
than 30 days after the day of the election, 4. Proclaim the winning candidates; and
5. Perform such other functions as may be deny due course or cancel a certificate of
directed by the Commission. candidacy if it is shown that said certificate has
been filed:
For canvassing process: See Sec. 39, R.A. 1. To put the election process in mockery or
9369 disrepute
2. To cause confusion among the voters by
Proclamation: the similarity of the names of the registered
Proclamation shall be after the canvass of candidates or by other circumstances or
election returns, in the absence of a perfected acts which clearly demonstrate that the
appeal to the COMELEC. The BOC shall candidate has no bona fide intention to run
proclaim the candidates who obtained the
for the office for which the certificate of
highest number of votes cast in the province,
candidacy has been filed and thus prevent
city, municipality or barangay, on the basis of
a faithful determination of the true will of the
the certificates of canvass.
electorate
Failure to comply with this duty constitutes an
election offense [Sec. 231, B.P. Blg. 881]. 2. Petition for disqualification
An action or protest filed against any candidate
F. REMEDIES where he/she may be declared by final
decision of a competent court guilty of, or found
by the Commission of being disqualified based
on the grounds below. In effect, he/she shall be
1. Petition to deny due course or disqualified from continuing as a candidate, or
cancel certificate of if he/she has been elected, from holding the
candidacy office.
a. For any false material representation a. Grounds under Par. 1, Sec. 68, OEC
[Sec. 78, OEC] 1. Given money or other material
consideration to influence, induce or
Definition corrupt the voters or public officials
A verified petition to deny due course or to performing electoral functions;
cancel a certificate of candidacy exclusively on 2. Committed acts of terrorism to
the ground that any material representation enhance his candidacy;
contained therein as required under Section 74 3. Spent in his election campaign an
hereof is false. amount in excess of that allowed by
this Code;
When to file 4. Solicited, received or made any
Any time not later than 25 days from the time contribution prohibited under Sections
of the filing of the certificate of candidacy
89, 95, 96, 97 and 104; or
5. Violated any of Sections 80, 83, 85, 86
How decided
After due notice and hearing, not later than and 261, paragraphs d, e, k, v, and cc,
fifteen days before the election subparagraph 6
b. For nuisance candidates [Sec. 69, OEC] b. Ground under Par. 2, Sec. 68, OEC
4. Illegal acts committed before, during, or second case, the court determines who has
after the casting and counting of votes been legally appointed and can and ought to
declare who is entitled to occupy the office.
Payment of Docket fee [Nuval v. Guray, GR No. L-30241 (1928)]
Protestant has to pay a docket fee of P300 and
an additional docket fee if there is a claim for Distinction between Election Protest and
damages. Failure to pay the basic docket fee Quo Warranto [Lokin v. COMELEC, G.R. No.
shall result to the dismissal of the protest 179431-32 and G.R. No. 180443 (2010)]
[Soller v. COMELEC, G.R. No. 139853 (2000)]. Election Protest Quo Warranto
In a quo warranto proceeding, the petitioner is Can only be filed by a Can be filed by any
not occupying the position in dispute. [Samad candidate who has voter.
v. COMELEC, supra]. duly filed a certificate
of candidacy and has It is not considered a
Who May File been voted for contest where the
Any voter parties strive for
supremacy.
When to File
Within 10 days after the proclamation of the A protestee may be While the
results of the election ousted and the respondent may be
protestant seated in unseated, the
Grounds the office vacated petitioner will not be
1. Ineligibility seated
2. Disloyalty to the Republic
Execution Pending Appeal
In quo warranto proceedings referring to offices COMELEC Rules of Procedure, Section 2,
filled by election, what is to be determined is Rule 39 of the Rules of Court allows Regional
the eligibility of the candidate elect, while in quo Trial Courts to order execution pending appeal
warranto proceedings referring to offices filled upon good reasons stated in a special order
by appointment, what is determined is the which may be made to apply suppletorily or by
legality of the appointment. In the first case analogy to election cases decided by them.
when the person elected is ineligible, the court While execution pending appeal may be
cannot declare that the candidate occupying allowed under the foregoing rule, the said
the second place has been elected, even if he provision must be strictly construed against the
were eligible, since the law only authorizes a movant as it is an exception to the general rule
declaration of election in favor of the person on execution of judgments. Following civil law
who has obtained a plurality of votes, and has jurisprudence, the reason allowing for
presented his certificate of candidacy. In the
b. Dual Function
The powers of a municipality are twofold in
character: public, governmental, or political on
the one hand, and corporate, private, or
proprietary on the other [Torio v. Fontanilla
G.R. No. L-29993 (1978)]. iii. Requisites for creation, conversion,
division, merger or dissolution
Political/ Corporate/
Governmental Proprietary Sec. 1, Art. X, 1987 Constitution. The
Exercised in Exercised for the territorial and political subdivisions are the
administering the special benefit and provinces, cities, municipalities, and
powers of the state advantage of the barangays. There shall be autonomous
and promoting the community and regions in Muslim Mindanao and the
public welfare and include those which Cordilleras as hereinafter provided.
they include the are ministerial,
legislative, judicial, private, and Sec. 10, Art. X, 1987 Constitution. No
public, and political corporate [Torio v. province, city, municipality, or barangay may
[Torio v. Fontanilla, Fontanilla, supra] be created, divided, merged, abolished, or
supra] its boundaries substantially altered, except
in accordance with the criteria established in
Concern health, Seek to obtain the Local government code and subject to
safety, advancement special corporate approval by a majority of the votes cast in a
of public good and benefits or earn plebiscite called for the purpose in the
welfare as affecting pecuniary profit. political unit or units directly affected.
the public generally. [Republic v. City of
[Republic v. City of Davao, supra] General Requirements
Davao, G.R. No. 1. Law or Ordinance
148622 (2002)] A local government unit may be created,
divided, merged, abolished, or its boundaries
LGU acts as an agent LGU acts as agent substantially altered EITHER:
of the national of the community in a. By law enacted by Congress in the
government. administration of case of provinces, cities,
[Republic v. City of local affairs municipalities, and any other political
Davao, supra] [Republic v. City of subdivision; OR
Davao, supra] b. By ordinance passed by the
Sangguniang Panlalawigan or
Examples Examples Sangguniang Panlungsod in the case
● Regulations ● Municipal of a barangay within its territorial
against fire, waterworks, jurisdiction [Sec. 6, LGC].
disease; markets,
● Preservation of wharves, N.B. In the case of the creation of barangays
public peace; fisheries; by the Sangguniang Panlalawigan, the
● Establishment of ● Maintenance of recommendation of the Sangguniang Bayan
schools, public parks, concerned shall be necessary. [Sec. 385, LGC]
offices, etc. cemeteries, golf
courses, etc. Power of creation is legislative in nature
3. The Clerk of Court nominated by the open all the certificates in the presence of
Executive Judge of the Regional Trial the Senate and the House of
Court; and Representatives in joint public session.
4. Any other available appointive provincial 2. Congress upon determination of the
official. authenticity and the due execution thereof
in the manner provided by law shall:
In the case of the CBOC, the officials in the city a. canvass all the results for president
corresponding to those enumerated above. and vice- president and
In the case of the MBOC: b. proclaim the winning candidates
1. The Municipal Administrator; [Sec. 22, R.A. 9369]
2. The Municipal Assessor;
3. The Clerk of Court of the Municipal Trial COMELEC en banc as National BOC for
Court; or Senators and Party List Representatives
4. Any other available appointive municipal It shall canvass the results by consolidating the
officials. certificates of canvass electronically
transmitted. Thereafter, the national board
In case of the RBOC, their substitutes shall shall proclaim the winning candidates for
come from the same office where the senators and party-list representatives [Sec.
substituted members came from. 23, R.A. 9369].
Prohibitions on BOC [Secs. 222-224, B.P. Powers and Functions of Local BOCs [Sec.
Blg. 881] 23, COMELEC Reso 10485]
1. Chairman and members shall not be
related within the 4th civil degree of Powers:
consanguinity or affinity to any of the 1. The BOC shall have full authority to keep
candidates whose votes will be canvassed order within the canvassing room or hall
by said board, or to any member of the said including its premises and enforce
board obedience to its lawful orders.
2. No member or substitute member shall be 2. If any person refuses to obey any lawful
transferred, assigned or detailed outside of order of the BOC or acts in such disorderly
his official station, nor shall he leave said manner as to disturb or interrupt its
station without prior authority of the proceedings, the BOC may order in writing
COMELEC during the period beginning a peace officer to take such person into
election day until the proclamation of the custody until adjournment of the meeting.
winning candidates 3. In the absence of any peace officer, any
3. No member shall feign illness to be other competent and able person
substituted on election day until the deputized by the BOC in writing may
proclamation of the winning candidates. execute such order.
Feigning of illness constitutes an election
offense Functions:
Further, the BOC shall:
b. Powers and functions of the BOC 1. Canvass/consolidate the electronically
Functions of National BOCs transmitted results;
Senate as National BOC for President and Vice 2. Generate and print the Certificates Of
President Canvass, Certificates of Canvass and
1. Upon receipt of the certificates of canvass, Proclamations and Statement of Votes;
the President of the Senate shall, not later 3. Electronically transmit the results;
than 30 days after the day of the election, 4. Proclaim the winning candidates; and
5. Perform such other functions as may be deny due course or cancel a certificate of
directed by the Commission. candidacy if it is shown that said certificate has
been filed:
For canvassing process: See Sec. 39, R.A. 1. To put the election process in mockery or
9369 disrepute
2. To cause confusion among the voters by
Proclamation: the similarity of the names of the registered
Proclamation shall be after the canvass of candidates or by other circumstances or
election returns, in the absence of a perfected acts which clearly demonstrate that the
appeal to the COMELEC. The BOC shall candidate has no bona fide intention to run
proclaim the candidates who obtained the
for the office for which the certificate of
highest number of votes cast in the province,
candidacy has been filed and thus prevent
city, municipality or barangay, on the basis of
a faithful determination of the true will of the
the certificates of canvass.
electorate
Failure to comply with this duty constitutes an
election offense [Sec. 231, B.P. Blg. 881]. 2. Petition for disqualification
An action or protest filed against any candidate
F. REMEDIES where he/she may be declared by final
decision of a competent court guilty of, or found
by the Commission of being disqualified based
on the grounds below. In effect, he/she shall be
1. Petition to deny due course or disqualified from continuing as a candidate, or
cancel certificate of if he/she has been elected, from holding the
candidacy office.
a. For any false material representation a. Grounds under Par. 1, Sec. 68, OEC
[Sec. 78, OEC] 1. Given money or other material
consideration to influence, induce or
Definition corrupt the voters or public officials
A verified petition to deny due course or to performing electoral functions;
cancel a certificate of candidacy exclusively on 2. Committed acts of terrorism to
the ground that any material representation enhance his candidacy;
contained therein as required under Section 74 3. Spent in his election campaign an
hereof is false. amount in excess of that allowed by
this Code;
When to file 4. Solicited, received or made any
Any time not later than 25 days from the time contribution prohibited under Sections
of the filing of the certificate of candidacy
89, 95, 96, 97 and 104; or
5. Violated any of Sections 80, 83, 85, 86
How decided
After due notice and hearing, not later than and 261, paragraphs d, e, k, v, and cc,
fifteen days before the election subparagraph 6
b. For nuisance candidates [Sec. 69, OEC] b. Ground under Par. 2, Sec. 68, OEC
4. Illegal acts committed before, during, or second case, the court determines who has
after the casting and counting of votes been legally appointed and can and ought to
declare who is entitled to occupy the office.
Payment of Docket fee [Nuval v. Guray, GR No. L-30241 (1928)]
Protestant has to pay a docket fee of P300 and
an additional docket fee if there is a claim for Distinction between Election Protest and
damages. Failure to pay the basic docket fee Quo Warranto [Lokin v. COMELEC, G.R. No.
shall result to the dismissal of the protest 179431-32 and G.R. No. 180443 (2010)]
[Soller v. COMELEC, G.R. No. 139853 (2000)]. Election Protest Quo Warranto
In a quo warranto proceeding, the petitioner is Can only be filed by a Can be filed by any
not occupying the position in dispute. [Samad candidate who has voter.
v. COMELEC, supra]. duly filed a certificate
of candidacy and has It is not considered a
Who May File been voted for contest where the
Any voter parties strive for
supremacy.
When to File
Within 10 days after the proclamation of the A protestee may be While the
results of the election ousted and the respondent may be
protestant seated in unseated, the
Grounds the office vacated petitioner will not be
1. Ineligibility seated
2. Disloyalty to the Republic
Execution Pending Appeal
In quo warranto proceedings referring to offices COMELEC Rules of Procedure, Section 2,
filled by election, what is to be determined is Rule 39 of the Rules of Court allows Regional
the eligibility of the candidate elect, while in quo Trial Courts to order execution pending appeal
warranto proceedings referring to offices filled upon good reasons stated in a special order
by appointment, what is determined is the which may be made to apply suppletorily or by
legality of the appointment. In the first case analogy to election cases decided by them.
when the person elected is ineligible, the court While execution pending appeal may be
cannot declare that the candidate occupying allowed under the foregoing rule, the said
the second place has been elected, even if he provision must be strictly construed against the
were eligible, since the law only authorizes a movant as it is an exception to the general rule
declaration of election in favor of the person on execution of judgments. Following civil law
who has obtained a plurality of votes, and has jurisprudence, the reason allowing for
presented his certificate of candidacy. In the
4. Revenue shall inure solely to the benefit of and exclusively used for religious,
the levying LGU, unless otherwise charitable, or educational purposes;
specified; and 3. All machineries and equipment that are
5. Each LGU shall, as far as practicable, actually, directly and exclusively used
evolve a progressive system of taxation by local water districts and
[Sec. 130, LGC] government-owned or -controlled
corporations engaged in the supply
Withdrawal of Local Tax Exemption and distribution of water and/or
Privileges generation and transmission of electric
Unless otherwise provided in the LGC, tax power;
exemptions or incentives granted to, or 4. All real property owned by duly
enjoyed by all persons, whether natural or registered cooperatives as provided for
juridical, including government-owned or -
under R.A. No. 6938; and
controlled corporations were withdrawn upon
5. Machinery and equipment used for
the effectivity of the LGC [Sec. 193, LGC].
pollution control and environmental
Tax exemption privileges of the following were protection [Sec. 234, LGC].
not withdrawn by the LGC:
1. Local water districts; Other Limitations on Taxing Powers of
2. Cooperatives duly registered under LGUs
R.A. No. 6938;
Taxes Already Imposed by the National
3. Non-stock and non-profit hospitals; and
Government
4. Educational institutions [Sec. 193 and
Generally, LGUs cannot impose taxes that are
234, LGC]. already imposed by the National Government
(e.g. income tax, documentary stamp tax,
Real Property Taxation estate tax, customs duties, excise taxes under
Annual ad valorem tax on real property may be the NIRC, VAT) [See Sec. 133, LGC].
levied by a:
1. Province; Persons Exempted from LGU’s taxing power
2. City; or LGUs cannot impose taxes, fees, and charges
3. Municipality within the Metropolitan on
Manila Area [Sec. 232, LGC] 1. Countryside and barangay business
enterprises;
Exemptions from Real Property Tax 2. Cooperatives duly registered under the
The following are exempted from payment of Cooperative Code; and
the real property tax: 3. The National Government, its agencies
1. Real property owned by the Republic of and instrumentalities, and local
the Philippines or any of its political government units [Sec. 133(n) to (o),
subdivisions EXCEPT when the LGC].
beneficial use thereof has been
granted, for consideration or otherwise, An instrumentality of the State or National
to a taxable person; Government is exempt from local taxation.
2. Charitable institutions, churches, [Sec. 133(o), LGC] Hence, the Manila
parsonages or convents appurtenant International Airport Authority, being such an
thereto, mosques, nonprofit or religious instrumentality and not being a GOCC, is
cemeteries and all lands, buildings, exempt from local taxation [MIAA v. CA, G.R.
and improvements actually, directly, No. 155650 (2006)].
However, GOCCs are [generally] not exempt c. Such ordinance must have provisions for
from local taxation [MIAA v. CA, supra] the maintenance of public safety therein;
and
4. Closure and Opening of d. If a freedom park is permanently closed,
Roads there must be a provision for its transfer or
relocation to a new site [Sec. 21(a),(b)].
Scope of LGU’s power to close [Sec. 21, e. Such property permanently withdrawn from
LGC] public use may be used or conveyed for
any purpose for Which other real property
Road, alley, park, or square is
belonging to the LGU may be lawfully used
NATIONAL LOCAL or conveyed [Sec. 21(b)].
Public Roads are Outside the Commerce of A third reading is A third reading is not
Man necessary necessary unless
A public road may not be the subject of lease decided otherwise by
or contract, as public roads are properties for a majority of all the
public use outside the commerce of man sanggunian
[Dacanay v. Asistio, G.R. No. 93654 (1992)]. members
As long as a property owner has reasonable [Garcia v. COMELEC, G.R. No. 111230
access to the general system of streets, he has (1994)]
no right to compensation for the closure of a
public street. The Constitution does not Presiding Officer
undertake to guarantee to a property owner the Legislative Body Presiding Officer
public maintenance of the most convenient
route to his door [Cabrera v. CA, G.R. No. Sangguniang Vice-Governor
78573 (1991)]. Panlalawigan
The rules of procedure shall provide for: General rule: A majority of the members
1. Organization of the Sanggunian and the present, there being a quorum is required for
election of its officers the valid enactment of an ordinance or
2. Creation of Standing Committees resolution [Art. 107(g), LGC IRR].
3. Order and calendar of business for each
session Exception
4. The legislative process When otherwise provided by the LGC:
• Any ordinance or resolution authorizing or
5. Parliamentary procedures
directing the payment of money or creating
6. Disciplinary rules for members for
a liability requires the approval of the
disorderly behavior and absences without
majority of all the sanggunian members
justifiable cause for four (4) consecutive
[Rule VII, Sec. 14 (g), LGC IRR].
sessions, for which they may be censured,
• It is legally permissible for the sanggunian
reprimanded, or excluded from the
session, suspended for not more than sixty to provide for a higher voting requirement
for the enactment or amendment of a
(60) days, or expelled: Provided, That the
penalty of suspension or expulsion shall particular ordinance [Casiño v. CA, G.R.
No. 91192 (1991)].
require the concurrence of at least two-
thirds (2/3) vote of all the sanggunian
When there is no quorum
members: Provided, further, That a
The presiding officer may declare a recess until
member convicted by final judgment to such time as a quorum is constituted or a
imprisonment of at least one (1) year for majority of the members present may also
any crime involving moral turpitude shall be adjourn from day to day and may compel the
automatically expelled from the attendance of any member absent without
sanggunian; and justifiable cause by designating a member of
7. Such other rules as the sanggunian may the sanggunian to arrest the absent member
adopt [Sec. 50, LGC]. and present him at the session.
b. Dual Function
The powers of a municipality are twofold in
character: public, governmental, or political on
the one hand, and corporate, private, or
proprietary on the other [Torio v. Fontanilla
G.R. No. L-29993 (1978)]. iii. Requisites for creation, conversion,
division, merger or dissolution
Political/ Corporate/
Governmental Proprietary Sec. 1, Art. X, 1987 Constitution. The
Exercised in Exercised for the territorial and political subdivisions are the
administering the special benefit and provinces, cities, municipalities, and
powers of the state advantage of the barangays. There shall be autonomous
and promoting the community and regions in Muslim Mindanao and the
public welfare and include those which Cordilleras as hereinafter provided.
they include the are ministerial,
legislative, judicial, private, and Sec. 10, Art. X, 1987 Constitution. No
public, and political corporate [Torio v. province, city, municipality, or barangay may
[Torio v. Fontanilla, Fontanilla, supra] be created, divided, merged, abolished, or
supra] its boundaries substantially altered, except
in accordance with the criteria established in
Concern health, Seek to obtain the Local government code and subject to
safety, advancement special corporate approval by a majority of the votes cast in a
of public good and benefits or earn plebiscite called for the purpose in the
welfare as affecting pecuniary profit. political unit or units directly affected.
the public generally. [Republic v. City of
[Republic v. City of Davao, supra] General Requirements
Davao, G.R. No. 1. Law or Ordinance
148622 (2002)] A local government unit may be created,
divided, merged, abolished, or its boundaries
LGU acts as an agent LGU acts as agent substantially altered EITHER:
of the national of the community in a. By law enacted by Congress in the
government. administration of case of provinces, cities,
[Republic v. City of local affairs municipalities, and any other political
Davao, supra] [Republic v. City of subdivision; OR
Davao, supra] b. By ordinance passed by the
Sangguniang Panlalawigan or
Examples Examples Sangguniang Panlungsod in the case
● Regulations ● Municipal of a barangay within its territorial
against fire, waterworks, jurisdiction [Sec. 6, LGC].
disease; markets,
● Preservation of wharves, N.B. In the case of the creation of barangays
public peace; fisheries; by the Sangguniang Panlalawigan, the
● Establishment of ● Maintenance of recommendation of the Sangguniang Bayan
schools, public parks, concerned shall be necessary. [Sec. 385, LGC]
offices, etc. cemeteries, golf
courses, etc. Power of creation is legislative in nature
Highly Urbanized City P50M (1991 prices) 200,000 100 sq. km.
[Sec. 452, LGC]
plebiscite. With the twin criteria of standard and Decentralization refers to either (1)
plebiscite satisfied, the delegation to LGUs of decentralization of administration or to (2)
the power to create, divide, merge, abolish or decentralization of power.
substantially alter boundaries has become a
recognized exception to the doctrine of non-
delegation of legislative powers [Umali v.
COMELEC, G.R. No. 203974 (2014)].
Decentralization of Decentralization of
C. PRINCIPLES OF LOCAL Administration Power
AUTONOMY Occurs when the Abdication of political
central government power in favor of
Sec. 2, Art. X, 1987 Constitution. - The delegates LGUs declared to be
territorial and political subdivisions shall administrative autonomous regions,
enjoy local autonomy. powers to political making the latter no
subdivisions in order longer accountable
Sec. 2, LGC. Declaration of Policy. to make it more to the National
a. It is hereby declared the policy of the State responsive. government, but to
that the territorial and political subdivisions of [Limbona v. its constituency.
the State shall enjoy genuine and Mangellin, supra] [Ganzon v. CA, G.R.
meaningful local autonomy to enable them to No. 93252 (1991)]
attain their fullest development as self-reliant
communities and make them more effective
Devolution is the act by which the national
partners in the attainment of national goals.
government confers power and authority upon
Toward this end, the State shall provide for
the various local government units to perform
a more responsive and accountable local
specific functions and responsibilities [Sec. 17,
government structure instituted through a
LGC].
system of decentralization whereby local
government units shall be given more
The principle of local autonomy under the 1987
powers, authority, responsibilities, and
Constitution simply means decentralization
resources. The process of decentralization
[Basco v. PAGCOR, G.R. No. 91649 (1991)].
shall proceed from the national government
to the local government units.
N.B. Basco was decided prior to the LGC.
b. It is also the policy of the State to ensure
Basco holds that the Constitution guarantees
the accountability of local government units
decentralization, but says nothing which
through the institution of effective
precludes devolution. The Court later
mechanisms of recall, initiative and
recognized that “the centerpiece of LGC is the
referendum.
system of decentralization[.] Indispensable
c. It is likewise the policy of the State to
thereto is devolution and the LGC expressly
require all national agencies and offices to
provides that ‘[a]ny provision on a power of a
conduct periodic consultations with
local government unit shall be liberally
appropriate local government units,
interpreted in its favor, and in case of doubt,
nongovernmental and people's
any question thereon shall be resolved in favor
organizations, and other concerned sectors
of devolution of powers and of the lower local
of the community before any project or
government unit’” [Tano v. Socrates, G.R. No.
program is implemented in their respective
110249 (1997), citing Sec. 5(a), LGC].
jurisdictions.
The Constitution provides for political
a. Decentralization v. Devolution
autonomy (and not merely administrative
autonomy) for autonomous regions [Cordillera general supervision over local governments.
Broad Coalition v. COA, G.R. No. 79956 Provinces with respect to component cities
(1990)]. and municipalities, and cities and
municipalities with respect to component
N.B. Local Autonomy and National barangays, shall ensure that the acts of their
Accountability component units are within the scope of their
Where there is no express power in the charter prescribed powers and functions.
of a municipality authorizing it to adopt
ordinances regulating certain matters which The Constitution confines the President's
are specifically covered by a general statute, a power over local governments to one of
municipal ordinance, insofar as it attempts to general supervision.
regulate the subject which is completely
covered by a general statute of the legislature,
Power of Power of Control
may be rendered invalid. Where the subject is
Supervision
of statewide concern, and the legislature has
appropriated the field and declared the rule, its Overseeing; the Power of an officer to
declaration is binding throughout the State. A power or authority of alter or modify or
reason advanced for this view is that such an officer to see that nullify or set aside
ordinances are in excess of the powers granted subordinate officers what a subordinate
to the municipal corporation [Batangas CATV perform their duties officer has done in
Inc. v. CA, G.R. No. 138810 (2004)]. the performance of
his duties
N.B. Local Autonomy and Decision Making
Police power is the power to prescribe If a subordinate fails, If a subordinate fails,
regulations to promote the health, morals, the superior may the superior may
peace, education, good order, safety, and take such action or substitute the
general welfare of the people. As an inherent step as prescribed judgment of the latter
attribute of sovereignty, police power primarily by law to make them for that of the former
rests with the State. In furtherance of the perform their duties.
State's policy to foster genuine and meaningful
local autonomy, the national legislature Supervising officials Officers in control lay
delegated the exercise of police power to local merely see to it that down the rules in the
government units (LGUs) as agents of the the rules are performance or
State. Such delegation can be found in Section followed, but they accomplishment of
16 of the LGC, which embodies the general themselves do not an act. If these rules
welfare clause. Since LGUs exercise lay down such rules, are not followed, they
delegated police power as agents of the State, nor do they have the may, in their
it is incumbent upon them to act in conformity discretion to modify discretion, order the
to the will of their principal, the State. or replace them. If act undone or redone
Necessarily, therefore, ordinances enacted the rules are not by their subordinates
pursuant to the general welfare clause may not observed, they may or even decide to do
subvert the State's will by contradicting national order the work done it themselves.
statutes [City of Batangas v. Phil. Shell or redone, but only to
Petroleum Corp., G.R. No. 195003 (2017)]. conform to such
rules. They may not
b. President’s Power Of Supervision Over prescribe their own
Local Governments manner of execution
of the act.
Sec. 4, Art. X, 1987 Constitution. - The [Pimentel v. Aguirre, G.R. No.132988 (2000)]
President of the Philippines shall exercise
Public Use, Purpose, or Welfare Upon compliance with the requisites, the
The very foundation of the right to exercise issuance of a writ of possession becomes
eminent domain is a genuine necessity and ministerial. There is no need for a hearing for
that necessity must be of a public character. the writ to issue [City of Iloilo v. Legaspi, G.R.
Moreover, the ascertainment of the necessity No. 154614 (2004)].
must precede or accompany and not follow, the
taking of the land. Necessity does not mean an Returning the Property
absolute, but only a reasonable or practical When private land is expropriated for a
necessity, such as would combine the greatest particular public use and that purpose is
benefit to the public with the least abandoned, there is no “implied contract” that
inconvenience and expense to the condemning the properties will be used only for the public
party and the property owner consistent with purpose for which they were acquired. Property
such benefit [Masikip v. City of Pasig, G.R. No. is to be returned only when it is expropriated
136349 (2006)]. with the condition that when said purpose is
ended or abandoned, the former owner
Just Compensation reacquires the property so expropriated, and
"Compensation" means an equivalent for the not when the expropriation decree gives to the
value of the land (property) taken. The word entity a fee simple which makes the land the
"just" is used to intensify the meaning of the expropriator the absolute owner of the property
word "compensation;" to convey the idea that [Air Transportation Office v. Gopuco, G.R. No.
the equivalent to be rendered for the property 158563 (2005)].
taken shall be real, substantial, full, and ample.
"Just compensation," therefore, means a fair
and full equivalent for the loss sustained [The
City of Manila v. Estrada, G.R. No. 7749
(1913)].
The phrase “regular local election” refers to an R.A. 9006: FAIR ELECTIONS ACT
election where the office held by the local No “deemed resigned” rule for elective officials:
elective official sought to be recalled will be An elective official running for any office other
contested and be filled by the electorate [Paras than the one which he is holding in a
v. COMELEC, G.R. No. 123169 (1996)]. permanent capacity, is no longer considered
ipso facto resigned from his office upon the
As used in Sec. 74(b), LGC, “recall” refers to filing of his certificate of candidacy [Sec. 14].
the election itself by means of which voters
decide whether they should retain their local “Deemed resigned” rule retained for appointive
official or elect his replacement. Hence, recall officials. Sec. 14 of R.A. 9006 did not repeal
proceedings may be initiated within 1 year from Sec. 66 of the Omnibus election Code, leaving
the official’s assumption of office as long as the intact Sec. 66 thereof which imposes a
recall election is set outside such period limitation to appointive officials and considers
[Claudio v. COMELEC, G.R. No. 140560 them ipso facto resigned from office upon filing
(2000)]. of their certificate of candidacy.
PUBLIC INTERNATIONAL
LAW
POLITICAL LAW
Examples
• The prohibition against the use of force
under the UN Charter [Nicaragua Case
(ICJ, 1986)]; Sources 1. Erga From customary
• Law on genocide; Omnium: From international law
custom, it is (See later part of
• Prohibition against apartheid;
one that is Reviewer). There
• Self-determination; owed to all. All must be state
• Crimes against humanity; States have the practice and opinion
• Prohibition against slavery and slave trade; standing to juris.
• Piracy [BROWNLIE; MAGALLONA]. bring suit.
It can be that
Erga Omnes Jus Cogens there is a jus
cogens norm
As a Pertains to the Pertains to the legal that is also erga
omnes. Jus
concept non- interest of a State in
derogability of a the violation of a Cogens norms
norm and the norm. give rise to erga
validity of rules omnes
and acts that obligations.
conflict with it
2. Erga Omnes
Effect All States have It is an obligation Partes: From a
standing to that cannot be multilateral
bring a suit to contravened in any Treaty. All
enforce that matter. parties to the
obligation. treaty have
A treaty will be standing to
void: “A treaty is bring suit
void if, at the time of
its conclusion, it
conflicts with a Caveat on examples of the two special
peremptory norm of types of obligations:
general There is no authoritative listing of jus cogens
international law” norms and erga omnes obligations. The
(i.e. a jus cogens
commentaries of the ILC provide that they
norm) [Art. 53,
VCLT].
didn’t want to make it an exclusive list. Only the
prohibition on the use of force has been
Does not confer declared by the ICJ as a jus cogens norm.
jurisdiction: In
Armed Activities, it Concept of Ex Aequo et Bono (From the
held that the fact Article 38 (2) of the ICJ Statute)
that a rule has the
status of jus cogens This means, literally, “what is equitable and
does not confer good.” It denotes that a court may decide a
upon the Court a case on the basis of justice and equity, and not
jurisdiction which it be bound by technical legal rules [PELLET].
would not otherwise
possess (Armed The court may apply this standard to decide a
Activities on the
Territory of the
case when the parties to the dispute agree
Congo (New thereto [Art. 38(2), ICJ Statute]. However, this
Application: 2002) should not be confused with the ability of the
(Democratic ICJ to apply equitable principles in a case.
Republic of the
Congo v. Rwanda),
● The London Agreement of the International through the courts or by use of executive,
Military Tribunal at Nuremberg, relating to administrative, police, or other nonjudicial
crimes against peace, war crimes and action.
crimes against humanity, imposed duties
and liabilities upon individuals as well as 1. Basis of Jurisdiction
upon states.
● Art. VI of the Convention on the Prevention a. Territoriality Principle: Jurisdiction is
and Punishment of the Crime of Genocide determined by reference to the place
defined “parties charged with genocide” as where the act occurred or was committed.
including individuals [MAGALLONA]. A State takes jurisdiction over persons or
● The International Criminal Court has events within its territory. [MAGALLONA]
jurisdiction over individuals who commit Usually refers to criminal jurisdiction.
genocide, crimes against humanity and b. Nationality Principle: A State may
war crimes, subject to conditions of the ICC exercise jurisdiction over an offender by
Statute [Art. 25(1), ICC Statute, in relation virtue of his being its national, without
to Art. 5]. regard as to where he was at the time the
offense was committed and without respect
4. Others to the nature of the offense
[MAGALLONA].
c. Protective Principle: A State may
E. JURISDICTION OF exercise jurisdiction over an offense
STATES committed outside its territory by its
national or non-national, by reason of
Jurisdiction means the power of a state under protecting its security or vital interests
international law to govern persons and d. Universality Principle: A State may
property by its municipal law. This may be exercise jurisdiction over crimes committed
criminal or civil, and may be exclusive or without respect to the nationality of the
concurrent with other states [HARRIS]. offender, on the ground that such crimes
are declared as international crimes by the
Types of Jurisdiction: international community as a whole and
a. Prescriptive Jurisdiction: This refers to thus are prohibited by international law
the power of a State to make its law [MAGALLONA]. Example: Jurisdiction is
applicable to the activities, relations, or asserted with respect to acts considered
status of persons, or the interests of committed against the whole world [e.g.
persons in things, whether by legislation, piracy, see People v. Lol-lo and Saraw,
by executive act or order, by administrative G.R. No. 17958 (1922)].
rule or regulation, or by determination by a e. Passive Personality Principle: A State
court. may exercise jurisdiction against foreign
nationals who commit acts to the injury of
b. Adjudicative Jurisdiction: This refers to its nationals within the territory of another
the State’s jurisdiction to subject persons State [MAGALLONA]. A court has
or things to the process of its courts or jurisdiction if the offended party of the act
administrative tribunals, whether in civil or is a national of the forum state [S.S. Lotus
in criminal proceedings, whether or not the Case (PCA, 1927)].
state is a party to the proceedings.
Conflict of Jurisdiction
c. Enforcement Jurisdiction: This refers to This arises when two or more states can
the State’s jurisdiction to enforce or compel exercise jurisdiction based on one or more
compliance or to punish noncompliance different principles of jurisdiction (ex:
with its laws or regulations, whether Universality v. Territoriality)
Rule
1. The premises of the mission shall be iv. Immunity from Local
inviolable. The agents of the receiving Jurisdiction
State may not enter them, except with the
consent of the head of the mission. Persons Entitled
2. The receiving State is under a special duty 1. Diplomatic agent and family: Diplomatic
to take all appropriate steps to protect the agent and members of the family of the
premises of the mission against any diplomatic agent forming part of his
intrusion or damage and to prevent any household, who are not nationals of the
disturbance of the peace of the mission or receiving state [Art. 31, VCDR];
impairment of its dignity.
3. The premises of the mission, their 2. Administrative and technical staff:
furnishings and other property thereon and a. As to criminal jurisdiction,
the means of transport of the mission shall members of the administrative and
be immune from search, requisition, technical staff of the diplomatic
attachment or execution. [Art. 22, VCDR] mission, as well as members of
their families forming part of their
Continuing Duty respective households, who are
If diplomatic relations are broken off between not nationals of or permanent
two States, or if a mission is permanently or residents in the receiving state;
temporarily recalled: b. As to civil and administrative
1. The receiving State must, even in case jurisdiction, immunity shall not
of armed conflict, respect and protect extend to acts performed outside
the premises of the mission, together the course of their duties [Art. 37,
with its property and archives; VCDR]; and
2. The sending State may entrust the
custody of the premises of the mission, 3. Service staff: Members of the service staff
together with its property and archives, of the diplomatic mission, who are not
to a third State acceptable to the nationals of or permanent residents in the
receiving State; receiving state, with respect to acts
3. The sending State may entrust the performed in the course of their duties [Art.
protection of its interests and those of 37, VCDR].
its nationals to a third State acceptable
to the receiving State. [Art. 45, VCDR]. Duration of Immunities and Privileges
Immunities and privileges begin from the
iii. Right to Official Communication moment the person enters the territory of the
receiving state to take up his post or, if already
Rule: The envoy is entitled to fully and freely in its territory, from the moment when his
communicate with his government. appointment is notified to the Ministry of
1. The receiving state shall permit and protect Foreign Affairs.
free communication on the part of the
mission for all official purposes; They come to an end when he:
2. The mission may employ all appropriate 1. exits the country, or
means to send and receive messages by 2. upon expiration of a reasonable period in
any of the usual modes of communication which to leave the country [Art. 39, VCDR].
or by diplomatic courier, which shall enjoy
inviolability;
3. The official correspondence of the mission
is inviolable; and
4. The diplomatic bag shall not be opened or
detained [Art. 27, VCDR].
Exceptions Ranks:
1. A real action relating to private immovable ● Consul general – heads several consular
property situated in the territory of the districts, or one exceptionally large
receiving State, unless he holds it on behalf consular district;
of the sending State for the purposes of the ● Consul – in charge of a small district or
mission; town or port;
2. An action relating to succession in which ● Vice Consul – assists the consul;
the diplomatic agent is involved as ● Consular agent – one entrusted with the
executor, administrator, heir or legatee as performance of certain functions by the
a private person and not on behalf of the consul.
sending State;
3. An action relating to any professional or b. Functions and Duties
commercial activity exercised by the
diplomatic agent in the receiving State The functions and duties of Consuls include but
outside his official functions. [Art. 31, are not limited to the ff:
VCDR] (a) protecting in the receiving State the
interests of the sending State and of its
nationals, both individuals and bodies them, and give consular officers the right to visit
corporate, within the limits permitted by a national of the sending state who is in prison,
international law; custody or detention [LaGrand Case (ICJ,
(b) issuing passports and travel 2001)].
documents to nationals of the sending
State, and visas or appropriate However, the VCCR violation does not
documents to persons wishing to travel automatically result in the partial or total
to the sending State; annulment of conviction or sentence [Avena
(c) helping and assisting nationals, both Case (ICJ, 2004)].
individuals and bodies corporate, of the
sending State; d. Immunities and Privileges
(d) acting as notary and civil registrar and
in capacities of a similar kind, and i. Personal Inviolability
performing certain functions of an Rule
administrative nature, provided that (a) They are not liable to arrest or detention
there is nothing contrary thereto in the pending trial, except in case of a grave
laws and regulations of the receiving crime and pursuant to a decision of a
State; competent judicial authority; and
(e) safeguarding the interests of nationals, (b) shall not be committed to prison nor be
both individuals and bodies corporate, subject to any other form of restriction to
of the sending States in cases of personal freedom, except in the case of
succession mortis causa in the territory grave crime pursuant to a decision of
of the receiving State, in accordance competent judicial authority, or in the
with the laws and regulations of the execution of a final judicial decision
receiving State; (c) If criminal proceedings are instituted
(f) performing any other functions against a consular officer, he must appear
entrusted to a consular post by the before the competent authorities but the
sending State which are not prohibited proceedings shall be conducted with the
by the laws and regulations of the respect due to him by reason of his official
receiving State or to which no objection position and, except in par. 1, in a manner
is taken by the receiving State or which which will hamper the exercise of consular
are referred to in the international functions as little as possible.
agreements in force between the (d) When, in the circumstances mentioned in
sending State and the receiving State. paragraph 1 it has become necessary to
[Art. 5, VCCR] detain a consular officer, the proceedings
against him shall be instituted with the
c. Right to Consular Assistance minimum of delay. [Art. 41, VCCR].
the work of the consular post except with (b) In communicating with the Government,
the consent of the head of the consular the diplomatic missions and other consular
post or of his designee or of the head of the posts, wherever situated, of the sending
diplomatic mission of the sending State. State, the consular post may employ all
The consent of the head of the consular appropriate means, including diplomatic or
post may, however, be assumed in case of consular couriers, diplomatic or consular
fire or other disaster requiring prompt bags and messages in code or cipher.
protective action. However, the consular post
(b) The receiving State is under a special duty (c) The official correspondence of the consular
to take all appropriate steps to protect the post shall be inviolable. Official
consular premises against any intrusion or correspondence means all
damage and to prevent any disturbance of correspondence relating to the consular
the peace of the consular post or post and its functions. [Art. 35, VCCR]
impairment of its dignity.
(c) The consular premises, their furnishings, The Consular Bag
the property of the consular post and its General Rule
means of transport shall be immune from The consular bag shall neither be opened nor
any form of requisition for purposes of detained. [Art. 35 VCCR]
national defense or public utility. If
expropriation is necessary for such Exception
purposes, all possible steps shall be taken The receiving state may, however, request that
to avoid impeding the performance of the consular bag be opened if the authorities
consular functions, and prompt, adequate have serious reasons to believe that the bag
and effective compensation shall be paid to contains something other than
the sending State. [Art. 31, VCDR] correspondence, documents or articles
intended exclusively for official use. If the
iii. Inviolability of Archives request is accepted, the bag may be opened in
the presence of the authorized representative
The inviolability of archives is unconditional. of the sending state; If the request is refused,
They shall be inviolable at all times and the bag shall be returned to its place of origin
wherever they may be [Art. 33, VCCR]. [Art. 35, VCCR].
well
Involves established The fact that international law has been
agreements national made part of the law of the land does not
of a policies and pertain to or imply the primacy of
permanent traditions; international law over national or municipal
character law in the municipal sphere.
Temporary;
The doctrine of incorporation, as applied in
Implements most countries, decrees that rules of
treaties, international law are given equal standing with,
statutes, but are not superior to, national legislative
policies enactments. Accordingly, the principle lex
As to Requires Does not posterior derogat priori takes effect [and] a
Ratificatio ratification require Senate treaty may repeal a statute and a statute may
n by two- Concurrence repeal a treaty.
thirds (2/3)
of the In states where the Constitution is the highest
Senate law of the land, such as the Republic of the
[Sec. 21, Philippines, both statutes and treaties may be
Art. VII, invalidated if they are in conflict with the
1987 constitution [Secretary of Justice v. Lantion,
Constitution G.R. No. 139465 (2000)].
]
As to Can repeal Cannot amend I. DOCTRINE OF STATE
Effect on a statute or repeal a
Municipal and prior law and RESPONSIBILITY
Law can be cannot prevail
repealed by over a General Principles
a subsequent la Relevant Text: Articles on State Responsibility
statute (“ASR”)
When there is Conflict between a Treaty Every internationally wrongful act of a state
and Municipal Law entails the international responsibility of that
The doctrine of incorporation is applied State [Art. 1, ASR].
whenever municipal tribunals are confronted
with situations in which there appears to be a Elements of an Internationally Wrongful Act:
conflict between a rule of international law and There is an internationally wrongful act of a
the provisions of the constitution or statute of state when the conduct consisting of an action
the local state. Efforts must be done to give or omission:
effect to both since it is to be presumed that a. Is attributable to the State under
municipal law was enacted with proper regard international law; and
for the generally accepted principles of b. Constitutes a breach of an international
international law in observance of the obligation of a State [Art. 2, ASR].
Incorporation Clause.
The characterization of an act of a state as
In a situation, however, where the conflict is internationally wrongful is governed by
irreconcilable and a choice has to be made international law. Such characterization is not
between a rule of international law and affected by the characterization of the same act
municipal law, jurisprudence dictates that as lawful by internal law [Art. 4, ASR].
municipal law should be upheld by the
municipal courts. Theory of Objective or Strict Liability
With respect to state responsibility, the theory An act of the former State under international
provides that fault is unnecessary for State law if the organ is acting in the exercise of
responsibility to be incurred. elements of the governmental authority of the
State at whose disposal it is placed.
ATTRIBUTION
d. Excess of authority or contravention of
Attribution or imputability is a legal construct instructions [Article 7, ASR]
whereby an internationally unlawful conduct of
a State organ acting in that capacity is If the organ, person or entity acts in that
regarded as the conduct of the State itself, capacity, even if it exceeds its authority or
making that State responsible for it as an contravenes instructions. Unauthorized or Ultra
internationally wrongful act. Vires acts.
constitutes the the planning and This is without prejudice to the attribution to a
breach. supervision of State of any conduct, however related to that of
The private persons military operations.” the movement concerned, which is to be
or groups must have considered an act of that State by virtue of
been mere agents of articles 4 to 9.
the state who were
told what had to be h. Conduct acknowledged and adopted by
done at all stages. a State as its own [Article 11, ASR]
This provides a This presents a
higher threshold for lower threshold for Conduct shall be considered an act of that
attribution. attribution. State if and to the extent that the State
A general situation of There need not be a acknowledges and adopts the conduct in
dependence and showing of actual or question as its own.
support would thus direct control.
be insufficient to CIRCUMSTANCES PRECLUDING
justify attribution. WRONGFULNESS (Defenses)
This refers to the This refers to the
matter of state matter of individual Although a State which fails to act in conformity
responsibility. criminal with an international obligation will typically be
responsibility and subject to international responsibility for the
the application of the wrongful act, the State may be excused from
rules of international performance of an international obligation
humanitarian law if circumstances precluding wrongfulness
[e.g. Prosecutor v. are present.
Tadic (ICTY Appeals
Chamber, 1995)]. a. Consent [Article 20, ASR]
f. Conduct carried out in the absence or Valid consent by a State to the commission of
default of the official authorities [Article a given act by another State precludes the
9, ASR] wrongfulness of that act in relation to the former
State to the extent that the act remains within
If the person or group of persons exercise the limits of that consent.
elements of the governmental authority in the
absence or default of the official authorities and b. Self-Defense [Article 21, ASR]
in circumstances such as to call for the
exercise of those elements of authority. If the act constitutes a lawful measure of self-
defense taken in conformity with the Charter of
g. Conduct of an insurrectional or other the United Nations.
movement [Article 10, ASR]
c. Countermeasures [Article 22, ASR]
The conduct of an insurrectional movement
which becomes the new Government of a State If and to the extent that the act constitutes a
shall be considered an act of that State. countermeasure taken against the latter State
in accordance with the ASR.
The conduct of a movement, insurrectional or
other, which succeeds in establishing a new d. Force Majeure [Article 23, ASR]
State in part of the territory of a pre-existing
State or in a territory under its administration General Rule: If the act is due to force
shall be considered an act of the new State. majeure, that is the occurrence of an irresistible
force or of an unforeseen event, beyond the
control of the State, making it materially
nationals which is assessable in financial punish the responsible State, nor does
terms. compensation have an expressive or
exemplary character [ASR Draft Articles].
“Moral” Damage: includes such items as
individual pain and suffering, loss of loved ones 3. Satisfaction [Article 37, ASR]
or personal affront associated with an intrusion
on one’s home or private life. (ASR Draft The State responsible is under an obligation to
Articles) give satisfaction for the injury caused by that
act insofar as it cannot be made good by
FORMS restitution or compensation.
Full reparation for the injury caused by the Satisfaction may consist in an
internationally wrongful act shall take the form acknowledgement of the breach, an
of restitution, compensation and satisfaction, expression of regret, a
either singly or in combination. (Article 34, formal apology or another appropriate
ASR) modality.
1. Restitution [Article 35, ASR] Satisfaction shall not be out of proportion to the
injury and may not take a form humiliating to
A State responsible for an internationally the responsible State.
wrongful act is under an obligation to make
restitution, that is, to re-establish the situation Satisfaction is of exceptional character. It is
which existed before the wrongful act was only in cases where restitution or
committed, provided and to the extent that compensation have not provided full reparation
restitution: that satisfaction may be required [ASR Draft
(a) is not materially impossible; Articles].
(b) does not involve a burden out of all
proportion to the benefit deriving fro It is the remedy for injuries not financially
restitution instead of compensation. assessable. These injuries are frequently of a
symbolic character, arising from the very fact of
Restitution consists only in re-establishing the breach of the obligation, irrespective of its
the status quo ante, i.e. the situation that material consequences for the State
existed prior to the occurrence of the wrongful concerned [Id.].
act, and does not require a hypothetical inquiry
into what the situation would have been if the Other Principles
wrongful act had not been committed. Interest on any principal sum due under this
Restitution in this narrow sense may therefore chapter shall be payable when necessary in
have to be completed by compensation to order to ensure full reparation. The interest rate
ensure full reparation for the damage caused and mode of calculation shall be set so as to
[ASR Draft Articles]. achieve that result. [Article 38, ASR]
the rights which each State may claim for its Diplomatic protection consists of the invocation
nationals in foreign territory [Island of Las by a State, through diplomatic action or other
Palmas Arb. (PCA, 1928)]. means of peaceful settlement, of the
responsibility of another State for an injury
However, an alien cannot claim a preferred caused by an internationally wrongful act of
position vis-à-vis the national of the state [see that State to a natural or legal person that is a
Calvo Clause, infra]. national of the former State with a view to the
implementation of such responsibility.
State Responsibility when it comes to
Treatment of Aliens Who is entitled to exercise Diplomatic
A state may be held responsible for: Protection [Art. 3, ADP]
a. An international delinquency; 1. The State of nationality
b. Directly or indirectly imputable to it; 2. Notwithstanding paragraph 1, diplomatic
c. Which causes injury to the national of protection may be exercised by a State in
another state respect of a person that is not its national
in accordance with draft article 8.
Liability will attach to the state where its
treatment of the alien falls below the Requirement of exhaustion of local
international standard of justice or where it is remedies before presentation of
remiss in according him the protection or international claim [Art. 14, ADP]:
redress that is warranted by the circumstances. 1. A State may not present an international
claim in respect of an injury to a national
The propriety of governmental acts should be or other person before the injured
put to the test of international standards. The person has exhausted all local
treatment of an alien, in order to constitute an remedies.
international delinquency, should amount to 2. “Local remedies” means legal remedies
an outrage, to bad faith, to willful neglect of which are open to an injured person before
duty, or to an insufficiency of governmental the judicial or administrative courts or
action so far short of international bodies, whether ordinary or special, of the
standards that every reasonable and State alleged to be responsible for causing
impartial man would readily recognize its the injury.
insufficiency [Neer Case (PCIJ, 1926)]. 3. Local remedies shall be exhausted where
an international claim, or request for a
How To enforce the International declaratory judgement related to the claim,
Responsibility arising from the is brought preponderantly on the basis of
International Delinquency an injury to a national or other person.
There must be:
a. Exhaustion of local (refers to the State Exception to requirement of Exhaustion of
where the international delinquency Local Remedies [Art. 15, ADP]:
happened) administrative remedies; and Local remedies do not need to be exhausted
b. Representation of the alien by his own where:
state (this refers to the exercise of a. there are no reasonably available local
diplomatic protection) in the international remedies to provide effective redress, or
claim for damages. the local remedies provide no reasonable
possibility of such redress;
Rules on Diplomatic Protection from the b. there is undue delay in the remedial
Draft Articles on Diplomatic Protection process which is attributable to the State
(ADP), 2006: alleged to be responsible;
c. there was no relevant connection between
Definition of Diplomatic Protection [Art. 1, the injured person and the State alleged to
ADP] be responsible at the date of injury;
d. the injured person is manifestly precluded 2. The criminal charges that are pending in
from pursuing local remedies; or the HKSAR against the person to be
e. the State alleged to be responsible has extradited;
waived the requirement that local 3. The crimes for which the person to be
remedies be exhausted extradited is charged are extraditable
within the terms of the treaty;
The Calvo Clause 4. The individual before the court is the same
Definition person charged in the HKSAR;
This refers to a stipulation which states that the 5. The evidence submitted establishes
foreign party must rely exclusively on local probable cause to believe that the person
remedies and not seek any diplomatic to be extradited committed the offenses
protection. charged; and
6. The offenses are criminal in both the
1. Extradition HKSAR and the Philippines (double
criminality rule).
Definition [Government of Hongkong Special
Extradition is the surrender by one nation to Administrative Region v. Muñoz, G.R. No.
another of an individual accused or convicted 207342 (2016)]
of an offense outside of its own territory, and
within the territorial jurisdiction of the other, a. FUNDAMENTAL PRINCIPLES ON
which, being competent to try and to punish EXTRADITION
him, demands the surrender. [Government of
Hongkong Special Administrative Region v. i. The duty to extradite must be
Muñoz, G.R. No. 207342 (2016)] based on treaty
Extradition has thus been characterized as the It is not part of customary international law,
right of a foreign power, created by treaty, to although the duty to extradite exists only for
demand the surrender of one accused or some international crimes. Thus, a state must
convicted of a crime within its territorial extradite only when obliged by treaty to do so.
jurisdiction, and the correlative duty of the other [Government of Hongkong Special
state to surrender him to the demanding state. Administrative Region v. Muñoz, G.R. No.
[Government of Hong Kong Special 207342 (2016)]
Administrative Region v. Olalia, G.R. No.
153675 (2007)] Principle of specialty
A fugitive who is extradited may be tried only
It also refers to the removal of an accused from for the crime specified in the request for
the Philippines with the object of placing him at extradition and included in the list of offenses
the disposal of foreign authorities to enable the in the extradition treaty [US v. Rauscher, 119
requesting state or government to hold him in U.S. 407 (1886)].
connection with any criminal investigation
directed against him in connection with any Rule of Double Criminality
criminal investigation directed against him or The act for which extradition is sought must be
the execution of a penalty imposed on him punishable in both the requesting and
under the penal or criminal law of the requested states. [Government of Hongkong
requesting state or government [Section 2(a), Special Administrative Region v. Muñoz, G.R.
P.D. 1069] No. 207342 (2016)]
The potential extraditee must prove by “clear Based on offenses Based on causes
and convincing evidence” that he is not a flight committed in the arising in the local
risk and will abide with all the orders and state of origin state
processes of the extradition court.
[Government of Hong Kong Special Calls for the return of An undesirable alien
Administrative Region v. Olalia, G.R. No. the fugitive to the may be deported to a
153675 (2007)] requesting state state other than his
own or his state of
iv. There must be compliance with origin.
procedural due process
The Obligation of aut dedere aut judicare (to
b. PROCEDURE extradite or prosecute)
A conventional obligation of States found in
1. A request for extradition is presented various treaties. A state subject to this
through diplomatic channels to the state of obligation is bound to extradite if it does not
refuge with the necessary papers for prosecute, and to prosecute if it does not
identification. extradite.
2. The request is received by the state of
refuge. The effective fulfilment of the obligation to
3. A judicial investigation is conducted by the extradite or prosecute requires
state of refuge to ascertain if the crime is a. undertaking necessary national measures
covered by the extradition treaty and if to criminalize the relevant offences,
there is a prima facie case against the b. establishing jurisdiction over the offences
fugitive according to its own laws. and the person present in the territory of
4. If there is a prima facie case, a warrant of the State,
surrender will be drawn and the fugitive will c. investigating or undertaking primary
be delivered to the state of origin. The inquiry,
evaluation process partakes the nature of d. apprehending the suspect, and submitting
a criminal investigation, having the case to the prosecuting authorities
consequences which will result in (which may or may not result in the
deprivation of liberty of the prospective institution of proceedings)
extraditee. A favorable action in an
extradition request exposes a person to OR
eventual extradition to a foreign country,
thus exhibiting the penal aspect of the Extraditing, if an extradition request is
process. made by another State with the necessary
jurisdiction and capability to prosecute the
The evaluation process itself is like a suspect. (Final Report of the International
preliminary investigation since both procedures Law Commission on the Obligation of Aut
may have the same result: the arrest and dedere aut judicare (2014))
imprisonment of the respondent. [Secretary of
Justice v. Lantion, G.R. No. 139465 (2000)]
L. INTERNATIONAL
1. The Universal Declaration of
HUMAN RIGHTS LAW Human Rights (“UDHR”)
Definition of Human Rights
The UDHR is the first comprehensive
Human rights are those fundamental and
catalogue of human rights proclaimed by an
inalienable rights which are essential for life as
international organization.
a human being. They are recognized by the
international community as a whole through
It is not a treaty. It has no obligatory character
their protection and promotion under
because it was adopted by the UN General
contemporary international law.
Assembly as Resolution 217A (III). As a
resolution, it is merely recommendatory.
Definition of International Human Rights
Law
Accordingly, it has been observed that the
International human rights law lays down the
Universal Declaration of Human Rights no
obligations of Governments to act in certain
longer fits into the dichotomy of “binding treaty”
ways or to refrain from certain acts, in order to
against “non-binding pronouncement”, but is
promote and protect human rights and
rather an authoritative statement of the
fundamental freedoms of individuals or groups.
international community. Thus, a Declaration
[United Nations, Global Issue]
creates an expectation of adherence, and
insofar as the expectation is gradually justified
Classifications of Human Rights
by State practice, a declaration may by custom
1. First generation rights consist of civil and
become recognized as laying down rules
political rights;
binding upon the States. Indeed, several
2. Second generation rights consist of
commentators have concluded that the
economic, social and cultural rights;
Universal Declaration has become, in toto, a
3. Third generation rights consist of the rights
part of binding, customary international law.
to development, to peace, and to
[Razon v. Tagitis, G.R. No. 182498 (2009)
environment [VASAK, KAREL]
citing Filartiga v. Pena-Irala, 630 F.2d 876 (2d
Cir. 1980)]
The distinction between first generation
and second generation human rights
In the Philippines, the UDHR is considered as
As to Obligatory Force customary international law. Universal
Declaration of Human Rights ("UDHR") has
1st Generation Rights are STRICTLY or
been interpreted by this Court as part of the
OBJECTIVELY OBLIGATORY, whatever the
economic condition or other conditions of the generally accepted principles of international
law and binding on the State. [Poe-
state obliged. 2nd Generation Rights are
Llamanzares v. Comelec; G.R. No. 221697,
RELATIVELY or SUBJECTIVELY
OBLIGATORY, states are required to (2016)]
progressively achieve the full realization of
these rights “to the maximum of their available The UDHR embodies both first and second
resources”. generation rights.
c. The right not to be subjected to arbitrary i. The right of every child to nationality;
arrest, detention or exile; j. The right to protection of a child as required
d. The right to fair trial and presumption of by his status as a minor;
innocence; k. The right of persons below 18 years old not
e. The right to a nationality; to be sentenced to death for crimes;
f. The right to freedom of thought, l. The right against the carrying out of death
conscience and religion; sentence on the part of a pregnant woman.
g. The right to freedom of opinion and
expression; The following are obligations of state parties
h. The right to peaceful assembly and under the ICCPR:
association; a. State parties undertake to respect and to
i. The right to take part in the government of ensure to all individuals within their territory
his country. the rights enumerated therein, without
distinction of any kind, such as race, color,
The Economic, social and cultural rights sex, language, religion, political or other
enumerated in the UDHR include rights such opinion, national or social origin, birth or
as: other status.
a. The right to social security; b. State parties are required to take the
b. The right to work and protection against necessary steps to adopt legislative or
unemployment; other measures that are necessary to give
c. The right to equal pay for equal work; effect to the rights recognized in the
d. The right to form and join trade unions; ICCPR.
e. The right to rest and leisure. c. State parties must ensure that any person
whose rights or freedoms are violated have
Note: See Articles 3-28 of the UDHR for a an effective remedy, notwithstanding that
complete enumeration of the rights. the violation has been committed by
persons action in an official capacity.
2. The International Covenant d. State parties must ensure that any person
claiming such remedy shall have his right
on Civil and Political Rights thereto determined by competent judicial,
(“ICCPR”) administrative or legislative authority, and
that they shall enforce the remedy when
It embodies the first generation of human granted
rights, although it lists more rights than the e. To ensure that the competent authorities
UDHR, namely: shall enforce such remedies when granted.
a. The right to own property;
b. The right to seek in other countries asylum 3. The International Covenant
from prosecution;
c. The right of members of ethnic, religious or on Economic, Social and
linguistic groups not to be denied to enjoy Cultural Rights (“ICESCR”)
their own culture, to profess and practice
their own religion, or to use their own It embodies the second generation of human
language; rights, although it lists more rights than the
d. The right to compensation in case of UDHR, namely:
unlawful arrest; a. The right to health;
e. The right to legal assistance in criminal b. The right to strike;
prosecution; c. The right to be free from hunger;
f. The right against self-incrimination; d. The right to enjoy the benefits of scientific
g. Protection against double jeopardy; progress;
h. The right to review by higher tribunal in e. Freedom for scientific research and
case of criminal conviction; creativity.
a. International Armed Conflicts (IAC) Armed conflicts in which people are fighting
against colonial domination and alien
Definition: An international armed conflict occupation and against racist regimes in the
occurs when one or more states have recourse exercise of their right to self-determination
to armed force against another state [Protocol I, Art. 1(4)].
[Prosecutor v. Tadic (ICTY Appeals Chamber,
1995)], regardless of the reasons or the Categories:
intensity of the confrontation. 1. Colonial domination;
2. Alien occupation; and
b. Internal or Non-International 3. Racist regimes when the peoples
oppressed by these regimes are fighting for
Armed Conflicts (NIAC)
self-determination.
Definition: This refers to conflicts between
governmental forces and non-governmental 2. Core International Obligation
armed groups, or between such groups only. of States
Basis: The Common Article 3, Geneva In general, IHL defines the following
Conventions, and Article 1, Additional Protocol obligations:
II. a. Parties to an armed conflict, together with
their armed forces, do not have unlimited
Common Article 3 applies to “armed conflicts choice of methods or means of warfare.
not of an international character occurring in They are prohibited from employing
the territory of one of the High Contracting weapons or means of warfare that cause
Parties.” These include armed conflicts in unnecessary damage or excessive
which one or more non-governmental armed suffering.
groups are involved. b. Parties to an armed conflict shall, at all
times, distinguish between civilian
Article 1 develops Common Article 3. It applies population and the combatants (principle of
to: distinction). Civilians shall be spared from
1. All armed conflicts which take place in the military attacks which shall be directed only
territory of a state party; against military objectives.
2. Between its armed forces and dissident c. Persons hors de combat shall be protected
armed forces or other organized groups; and treated humanely without any adverse
3. Which, under responsible command, distinction. Their right to life and physical
exercise such control over a part of its and moral integrity shall be respected.
territory; d. It is prohibited to kill or injure an enemy who
is hors de combat or who surrenders.
It is the branch of public international law which Special Baseline for Archipelagic States
regulates the relations of states with respect to a. Straight baselines join the outermost points
the use of the oceans. of the outermost islands and drying reefs of
an archipelago, provided that within such
Nature of the UNCLOS treaty baselines are included the main islands
UNCLOS III has nothing to do with the and an area in which the ratio of the water
acquisition (or loss) of territory. It is a to the area of the land, including atolls, is
multilateral treaty regulating, among others, between 1 to 1 and 9 to 1.
sea-use rights over maritime zones [Magallona b. The breadth of the territorial sea, the
v. Ermita, G.R. No. 187167 (2011)] contiguous zone, and the exclusive
economic zone, are measured from the
The UNCLOS is a product of international straight archipelagic baselines
negotiation that seeks to balance State
sovereignty (mare clausum) and the principle 2. Archipelagic States
of freedom of the high seas (mare liberum).
The freedom to use the world’s marine It is a state made up of wholly one or more
waters is one of the oldest customary archipelagos. It may include other islands [Art.
principles of international law. The UNCLOS 46, UNCLOS].
gives to the coastal State sovereign rights in
varying degrees over the different zones of the An archipelago is a group of islands, including
sea which are: 1) internal waters, 2) territorial parts of islands, interconnecting waters and
sea, 3) contiguous zone, 4) exclusive other natural features which are so closely
economic zone, and 5) the high seas. [Arigo v. related that such islands, waters and natural
Swift, G.R. No. 206510, 2014)] features form an intrinsic geographical,
economic and political entity, or which
1. Baselines historically have been regarded as such.
The line from which a breadth of the territorial Differentiating Island vs. Rocks
sea and other maritime zones, such as the An island is a naturally formed area of land,
contiguous zone and the exclusive economic surrounded by water, which is above water at
zone, is measured. Its purpose is to determine high tide.
the starting point to begin measuring maritime
zones boundary of the coastal state. Rocks which cannot sustain human habitation
or economic life of their own shall have no
The General Rule is that there are two types of exclusive economic zone or continental shelf
Baselines: [Art. 121, UNCLOS].
a. Normal Baseline: where the territorial sea
is the low-water line along the coast as Types of Archipelagos
Note: UNCLOS only applies to Mid-Ocean to the International Marine Organization, which
archipelagos: will then adopt the Sea Lanes through Art. 53
a. Coastal: situated close to a mainland and (9) of the UNCLOS.
may be considered part thereof (e.g.
Norway); Under Art. 1 of the 1987 Constitution, the
b. Mid-Ocean: situated in the ocean at such archipelagic waters of the Philippines are
distance from the coasts of firm land (e.g. characterized as forming part of “the internal
Philippines). waters of the Philippines.” However, under the
UNCLOS, archipelagic waters consist mainly
Archipelagic Waters of the “waters around, between, and
These are the waters enclosed by the straight connecting the islands of the archipelago,
archipelagic baselines, regardless of their regardless of breadth or dimension.”
depth or distance from the coast [Art 49(1),
UNCLOS]. Moreover, under Art. 47, UNCLOS, it is not
mandatory upon concerned states to declare
They are subject to the sovereignty of the themselves as archipelagic states. The
archipelagic state, but subject to the right of Philippines did so under its new baselines law,
innocent passage for the ships of all states. R.A. No. 9522, which was upheld as
constitutional [Magallona v. Ermita, G.R. No.
Rights in Archipelagic Waters 187167 (2011)].
a. The right of Innocent passage is also
referred to as “archipelagic Sea Lanes 3. Internal waters
Passage”: It is the right of foreign ships and
aircraft to have continuous, expeditious These are waters of lakes, rivers, and bays
and unobstructed passage in sea lanes landward of the baseline of the territorial sea.
and air routes through or over the Waters on the landward side of the baseline of
archipelagic waters and the adjacent the territorial sea also form part of the internal
territorial sea of the archipelagic state, “in waters of the coastal state. However, in case of
transit between one part of the high seas or archipelagic states, waters landward of the
an exclusive economic zone.” All ships and baseline other than those rivers, bays and
aircraft are entitled to the right of lakes, are archipelagic waters [Art. 8(1),
archipelagic sea lanes passage UNCLOS].
[MAGALLONA; Art. 53(1) in relation to Art.
53(3) UNCLOS]. It is considered as part of They are considered as part of the state’s land
international customary law. [Magallona v. territory and are subject to full sovereignty.
Ermita, G.R. No. 187167 (2011)]
b. Rights under existing agreement on the
part of third states should be respected by 4. Territorial Sea
the archipelagic state.
c. Within its archipelagic waters, the These waters stretch up to 12 miles from the
archipelagic state shall recognize baseline on the seaward direction. They are
traditional fishing rights and other subject to the jurisdiction of the coastal state,
legitimate activities of immediately which jurisdiction almost approximates that
adjacent neighboring states. which is exercised over land territory.
d. The archipelagic state shall respect
existing submarine cables laid by other Rights that are available in Territorial Sea
states and “passing through its waters a. Innocent Passage: refers to navigation
without making a landfall.” through the territorial sea without entering
internal waters, going to internal waters, or
How the Archipelagic Sea Lanes are coming from internal waters and making for
determined The archipelagic state proposes it the high seas.
In detention of foreign vessels, the coastal b. A distance of 200 nautical miles from the
state has the duty to promptly notify the flag baselines of the territorial sea where the
state of the action taken outer edge of the continental margin does
not extend up to that distance.
Rights of the non-coastal state
Under Art. 58, UNCLOS, all States enjoy the Continental Margin
freedom of navigation, over flight, and laying of Submerged prolongation of the land mass of
submarine cables and pipelines in the EEZ of the continental state, consisting of the
coastal states continental shelf proper, the continental slope,
and the continental rise
Coastal States have the primary responsibility
to utilize, manage and conserve the living Continental Shelf
resources within their EEZ (i.e. ensuring that a. The juridical or legal continental shelf
living resources are not endangered by covers the area until 200 nautical miles
overexploitation), and the duty to promote from baselines.
optimum utilization of living resources by b. The extended continental shelf covers the
determining allowable catch. area from the 200-mile mark to 350 nautical
miles from the baselines depending on
There is a duty to share catch if the maximum geomorphologic or geological data and
allowable catch is determined to be above the information.
capacity of the State to harvest. c. The continental shelf shall not extend
beyond 350 nautical miles from the
The State shall give other States access to the baseline of the territorial sea, or 100
surplus by means of arrangements allowable nautical miles from the 2,500- meter
under the UNCLOS. The UNCLOS, however, isobath (i.e. the point where the waters are
does not specify the method for determining 2,500 meters deep).
“allowable catch.”
Exclusive Rights of the Coastal State in the
The right of geographically disadvantaged Continental Shelf:
states or land locked states a. Sovereign rights with respect to the
exploration and exploitation of its natural
General Rule: These states have the right to resources, including the mineral and other
participate, on equitable basis, in the non-living resources of the seabed and
exploitation of the surplus of the living subsoil together with living organisms
resources in the EEZ of coastal states of the belonging to the sedentary species.
same sub region or region. b. The coastal state has the exclusive right to
authorize and regulate oil-drilling on its
Exception: A coastal state whose economy is continental shelf.
overwhelmingly dependent on the exploitation
of its EEZ, however, is not required to share its Note: “Exclusive” means that if the coastal
resources. does not explore or exploit its resources, no
other state can without the State’s consent.
7. Continental Shelf
Exclusive Continental Shelf
Extended Continental Shelf Economic Zone
It is the seabed and subsoil of the submarine Coastal state is No duty to manage
areas extending beyond the territorial sea of obliged to manage and conserve living
the coastal state throughout the natural and conserve living resources
prolongation of its land territory up to: resources in the
a. The outer edge of the continental margin; EEZ.
or
The extent of the The extent of the resources of the Area, including the
right of the coastal right of the coastal transporting, processing and marketing of
state to natural state to natural minerals.
resources (non- resources (non-
living) only extends living) covers both What may be done by the Enterprise in the
to the seabed and waters super Area
subsoil adjacent to the Mining activities directly; or By joint ventures
seabed and those of with (1) State parties; (2) State enterprises; or
the seabed and (3) Natural or juridical persons sponsored by
subsoil. state parties.
The extent of the The extent of the
right of the coastal right of the coastal 8. The International Tribunal for
state to living state to living
resources only resources does not
the Law of the Sea (ITLOS)
extends to sedentary extend to sedentary
species species. The ITLOS is an independent judicial body
established by the Third United Nations
Convention on the Law of the Sea to adjudicate
The Area
disputes arising out of the interpretation and
The seabed and ocean floor and subsoil
application of the convention.
thereof, beyond the limits of national
jurisdiction.
Composition: Election of 21 members by the
state parties.
The Legal Status of the Area and the
resources therein:
The settlement of Disputes
a. No State shall claim or exercise
1. Peaceful Settlement of Disputes: Under
sovereignty or sovereign rights over any
Par. 3, Art. 2, UN Charter, States have the
part of the Area or its resources, nor shall
duty to settle disputes by peaceful means.
any State or natural or juridical person
This obligation extends to State parties of
appropriate any part thereof. [Art. 137,
the UNCLOS, underscoring the right of the
UNCLOS]
parties to resort to peaceful means of their
b. The Area and its resources are the
own choice on which they can agree any
common heritage of mankind [Art. 136,
time.
UNCLOS].
2. Compulsory Settlement of Disputes:
c. Activities in the Area shall be carried out for
Where no successful settlement can be
the benefit of mankind as a whole [Art. 140,
achieved, or if the parties are unable to
UNCLOS].
agree on the means of settlement of a
d. The Area shall be open to use exclusively
dispute concerning the application of
for peaceful purposes by all States [Art.
UNCLOS, such dispute may be governed
141, UNCLOS].
by the principle of compulsory settlement,
where procedures entail binding decisions.
The International Seabed Authority (ISA) is
the organization that organizes, carries out,
The parties may choose, through a written
and controls the activities of the Area on behalf
revocable and replaceable declaration, to
of mankind as a whole. The ISA is composed
submit the dispute to the following:
of:
a. ITLOS;
a. The Assembly: all state parties to the
b. ICJ;
UNCLOS
c. Arbitral tribunal; or
b. The Council: the executive organ whose 36
d. Special arbitral tribunal.
members are elected by the Assembly
c. The Enterprise: the organ directly engaged
in the exploration and exploitation of the
Principle 21 as Custom:
“The Court recognizes that the
environment is daily under threat and that
the use of nuclear weapons could
constitute a catastrophe for the
environment. The existence of the general
obligation of States to ensure that activities
within their jurisdiction and control respect
the environment of other States or of areas
beyond national control is now part of the
corpus of international law relating to the
environment.”[ICJ Advisory Opinion on the
Legality of the Threat or Use of Nuclear
Weapons, July 8, 1996]