National Territory and Legislative Powers

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I. PRELIMINARY PROVISIONS AND BASIC CONCEPTS
A. NATIONAL TERRITORY
The national territory comprises:

● The Philippine archipelago, with all the islands and waters embraced therein;
● All other territories over which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains;
● Its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
● The waters around, between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines. [Article I, 1987
Constitution]
BAR 2019 IN FOCUS: National territory and the concept of association

An association is formed when two states of unequal power voluntarily establish durable links. In the
basic model, one state, the associate, delegates certain responsibilities to the other, the principal, while
maintaining its international status as a state. Free associations represent a middle ground between
integration and independence.
In international practice, the "associated state" arrangement has usually been used as a transitional
device of former colonies on their way to full independence. Examples of states that have passed
through the status of associated states as a transitional phase are Antigua, St. Kitts-Nevis-Anguilla,
Dominica, St. Lucia, St. Vincent and Grenada. All have since become independent states.
The concept of association is not recognized under the present Constitution. No province, city,
or municipality, not even the ARMM, is recognized under our laws as having an "associative"
relationship with the national government. Association runs counter to the national sovereignty
and territorial integrity of the Republic. (The Province of North Cotabato v Republic, G.R. No.
183591, Oct. 14, 2008)
B. DECLARATION OF PRINCIPLES AND STATE POLICIES
PRINCIPLES [Secs. 1-6]: Binding rules which must be observed in the conduct of government [Bernas]
A. The Philippines is a democratic and republican state [Sec. 1, Art. II]

B. Renunciation of war [Sec. 2, Art. II]
C. Adoption of generally-accepted principles of international law [Sec. 2, Art. II]
D. Adherence to a policy of peace, freedom, and amity with all nations [Sec. 2, Art. II]
E. Civilian supremacy [Sec. 2, Art. II]
F. Role of the armed forces [Sec. 3, Art. II]
G. Compulsory military and civil service [Sec. 4, Art. II]
H. Maintenance of peace and order, promotion of general welfare [Sec. 5, Art. II]
I. Recognition of hierarchy of rights [Sec. 5, Art. II]
J. Separation of Church and State [Sec. 6, Art. II]
POLITICAL LAW PRE-WEEK: Page 2 of 62

POLICIES [Secs. 7-28]: Guidelines for the orientation of the state [Bernas]
A. Independent foreign policy [Sec. 7, Art. II]

B. Freedom from nuclear weapons [Sec. 8, Art. II]
C. Promote a just and dynamic social order [Sec. 9, Art. II]
D. Promote social justice in all phases of national development [Sec. 10, Art. II]
E. Personal dignity and human rights [Sec. 11, Art. II]
F. Family as basic social institution and natural and primary right and duty of parents in the rearing
of the youth [Sec. 12, Art. II]
G. Protection of the life of the mother and the life of the unborn from conception [Sec. 12, Art. II]
H. Vital role of youth in nation-building [Sec. 13, Art. II]
I. Role of women in nation-building [Sec. 14, Art. II]
J. Fundamental equality before the law of women and men [Sec. 14, Art. II]
K. Right to health [Sec. 15, Art. II]
L. Right to a balanced and healthful ecology [Sec. 16, Art. II]
M. Priority to education, science and technology, arts, culture, and sports [Sec. 17, Art. II]
N. Labor as a primary social economic force [Sec. 18, Art. II]
O. Self-reliant and independent national economy [Sec. 19, Art. II]
P. Role of private sector [Sec. 20, Art. II]
Q. Comprehensive rural development and agrarian reform [Sec. 21, Art. II]
R. Recognition and promotion of rights of indigenous cultural communities [Sec. 22, Art. II]
S. Community-based, sectoral organizations [Sec. 23, Art. II]
T. Role of communication and information in nation-building [Sec. 24, Art. II]
U. Autonomy of local governments [Sec. 25, Art. II]
V. Equal access for public service and prohibition of political dynasties [Sec. 26, Art. II]
W. Honesty and integrity in public service [Sec. 27, Art. II]
X. Policy of full public disclosure [Sec. 28, Art. II]
C. STATE IMMUNITY
Sec. 3, Art. XVI. The State may not be sued without its consent.
The State and its political subdivisions are open to suit only when they consent to it. Consent may
be express or implied, such as when the government exercises its proprietary functions, or where such is
embodied in a general or special law. [Leonardia v. Phuture Visions Co., Inc., G.R. No. 190289, Jan.
17, 2018]
II. LEGISLATIVE DEPARTMENT
A. LEGISLATIVE POWER
1. Scope and limitations
Congressional Power To Promulgate Rules Is Generally Not Subject To Judicial Review
No less than the Constitution, under Section 16 of Article VI, grants Congress the right to
promulgate its own rules to govern its proceedings—a right granted with full discretionary authority to
each House of Congress in the formulation, adoption and promulgation of its own rules. As such, the
exercise of this power is generally exempt from judicial supervision and interference, except on a clear
showing of such arbitrary and improvident use of the power as will constitute a denial of due process.
[Lagman v. Pimentel III]

Legislative Rules Are Not Permanent; They Are Subject To Revocation, Modification Or Waiver
Under Section 16 (1), Article VI of the Constitution, the Senate shall elect its President and the
House of Representatives, its Speaker, by a majority vote of all its respective Members. Each house shall
choose such other officers as it may deem necessary. As such, the method of choosing who will be such
other must be prescribed by the House of Representatives itself, not by the Court.
Corollary thereto, Section 16 (3), Article VI of the Constitution vests in the House of
Representatives the sole authority to, inter alia, “determine the rules of its proceedings.” These “legislative
rules, unlike statutory laws, do not have the imprints of permanence and obligatoriness during their
effectivity. In fact, they are subject to revocation, modification or waiver at the pleasure of the body
adopting them. [Baguilat v. Alvarez, G.R. No. 227757, July 25, 2017]
2. Principle of non-delegability; exceptions

BAR 2019 IN FOCUS: Post-enactment measures and the separation of powers
Only Congress, acting as a bicameral body, and the people, through the process of initiative and
referendum, may wield legislative power. This embodies the principle of non-delegability of legislative
power, and the only recognized exceptions are:
(a) delegated legislative power to local governments which, by immemorial practice, are allowed to
legislate on purely local matters; and
(b) constitutionally-grafted exceptions such as the authority of the President to, by law, exercise
powers necessary and proper to carry out a declared national policy in times of war or other
national emergency, or fix within specified limits, and subject to such limitations and restrictions
as Congress may impose, tariff rates, import and export quotas, tonnage and wharfage dues,
and other duties or imposts within the framework of the national development program of the
Government.
PDAF, insofar as it confers post-enactment identification authority to individual legislators, violates the
principle of non-delegability since said legislators are effectively allowed to individually exercise the
power of appropriation, which is lodged in Congress. These post-enactment measures which govern
the areas of project identification, fund release and fund realignment are not related to functions of
congressional oversight and, hence, allow legislators to intervene and/or assume duties that properly
belong to the sphere of budget execution. (Belgica v Ochoa, G.R. No. 208566, Perlas-Bernabe case)
B. HOUSES OF CONGRESS; COMPOSITION AND QUALIFICATION OF MEMBERS

Senate (Art. VI, Sec. 2-4) House of Representatives (Art. VI, Sec. 5-8)
- Natural-born citizen
- Able to Read and Write
- At least 35 years old on the day of - At least 25 y. o. on the day of the election
election - Registered voter in the district he seeks to
- Registered Voter represent
- Resident of the Philippines for at least 2 - Resident of the said district for at least 1
years immediately preceding the day of year immediately preceding the day of the
the election election
Term: 6 years (Limit: 2 consecutive terms) Term: 3 years (Limit: 3 consecutive terms)

C. PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS
Parliamentary Immunity Does Not Cover Media Interviews

The privilege of speech or debate under Section 11, Article VI of the Constitution covers speech
delivered in Senate or any of its committees, spoken in the course of any debate in said fora, or made in
the official discharge or performance of duties as a Senator. The statement must be part of or integral to
legislative process.
To participate in or respond to media interviews is not demanded by his sworn duty nor is it a
component of the process of enacting laws. A lawmaker's participation in media interviews is not a
legislative act, but is "political in nature," outside the ambit of the immunity conferred under the Speech or
Debate Clause in the Constitution. The privilege arises not because the statement is made by a
lawmaker, but because it is uttered in furtherance of legislation. [Trillanes IV v. Hon.
Castillo-Marigomen, G.R. No. 223451, Mar. 14, 2018]
D. PROCESS OF LAW-MAKING
1. A bill is passed by Congress;

2. The bill is presented to the President
3. If the President approves the same, he shall sign it; otherwise, he shall veto it. (pocket veto)
○ If the President vetoes a bill, he shall return the same with his objections to the House
where it originated, which shall enter the objections at large in its Journal and proceed to
reconsider it.
4. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass
the bill, it shall be sent, together with the objections, to the other House by which it shall likewise
be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become
a law.
5. The President shall communicate his veto of any bill to the House where it originated within thirty
days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.
6. The President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
(item veto)
E. QUORUM AND VOTING MAJORITIES
Action Required (all Houses voting Basis

members)
Override presidential 2/3 Separately (House Art. VI, Sec. 27(1)

veto where bill originated
votes first)
Grant of tax exemption Majority (Silent) Art. VI, Sec. 27(4)
Elect president in case Majority Separately Art. VII, Sec. 4, par. 5

of tie

Confirm appointment Majority Separately Art. VII, Sec. 9
of VP
Revoke or extend (a) Majority Jointly Art. VII, Sec. 18

Martial Law or (b)
suspension of writ of
habeas corpus
Confirm amnesty grant Majority (Silent) Art. VII, Sec. 19, par. 2
Submit question of Majority (Silent) Art. XVII, Sec. 3

calling a Const.
Convention to the Prevailing view: by
electorate default, houses vote
separately (because
Call for Const. 2/3 Congress is bicameral) Art. XVII, Sec. 3
Convention
Propose amendments 3/4 Art. XVII, Sec. 1(1)

as Const. assembly
Action Vote required Basis
Determine President’s 2/3 of both houses, voting Art. VII, Sec. 11, par. 4
disability separately
Declaring a State of War 2/3 of both Houses (in joint Art. VI, Sec. 23(1)
session), voting separately
F. APPROPRIATION AND RE-ALIGNMENT
An Appropriation Is Specific In Purpose Even If Broken Down Into Different Sub-Categories Of The
Same Nature
To be valid, an appropriation must indicate a specific amount and a specific purpose. However,
the purpose may be specific even if it is broken down into different related sub-categories of the same
nature. For example, the purpose can be to "conduct elections," which even if not expressly spelled out
covers regular, special, or recall elections. The purpose of the appropriation is still specific — to fund
elections, which naturally and logically include, even if not expressly stated, not only regular but also
special or recall elections. [Dela Cruz v. Ochoa, Jr., G.R. No. 219683, Jan. 23, 2018]
Revenue Collected For A Special Purpose Shall Be Treated As A Special Fund To Be Used
Exclusively For The Stated Purpose
The power of the purse lies with Congress. Art. VI, Sec. 29 of the Constitution provides for two
classification of appropriation measures — general and special appropriation.

General Appropriation Special Appropriation
A general appropriation law is one passed A special appropriation is designed for a specific
annually to provide for the financial operations of purpose. The revenue collected for a special
the entire government during one fiscal period. purpose shall be treated as a special fund to be
used exclusively for the stated purpose.
[Confederation of Coconut Farmers Organizations of the Philippines, Inc. vs. Aquino III G.R. No.
217965; August 8, 2017]
No Money Shall Be Paid Out Of The Treasury Except In Pursuance Of An Appropriation Made By
Law
Sec. 29(1), Art. VI. No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
The only exception is found in Section 25(5), Article VI, by which the President of the Philippines,
the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the
Philippines, and the heads of the Constitutional Commissions are authorized to transfer appropriations to
augment any item in the GAA for their respective offices from the savings in other items of their respective
appropriations. [Career Executive Service Board vs. Commission on Audit G.R. No. 212348; June 19,
2018]
G. LEGISLATIVE INQUIRIES AND OVERSIGHT FUNCTIONS
Sec. 21. The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.
BAR 2019 IN FOCUS: LEGISLATIVE INQUIRIES

The conferral of the legislative power of inquiry upon any committee of Congress, in this case the
respondents Senate Committees, must carry with it all powers necessary and proper for its effective
discharge.
The right to be assisted by counsel can only be invoked by a person under custodial investigation
suspected for the commission of a crime, and therefore attaches only during such custodial
investigation. Individuals invited to public hearings as resource persons cannot validly invoke their right
to counsel. (PHILCOMSAT Holdings v Senate, G.R. No. 180308, Perlas-Bernabe case)
Note: In invoking the right of “executive privilege” as an excuse not to attend legislative inquiries in aid of
legislation, only the president has the power to invoke this right as declared by the Supreme Court in the
case of Senate v. Ermita, 488 SCRA 1, 2006.
Legislative Inquiries
May refer to the implementation or re-examination of any law or appropriation, or in connection with any
proposed legislation or the formulation of or in connection with future legislation, or will aid in the review or

formulation of a new legislative policy or enactment. [Senate Rules of Procedures Governing Inquiries in
Aid of Legislation]
Limitations:
1. it must be in aid of legislation
2. in accordance with duly published rules of procedures
3. right of person appearing in or affected by such inquiry shall be respected.
[Sec. 21, Art. VI]
The power of legislative investigation includes:

1. the power to issue summons and notices
2. the power to punish or declare a person in contempt
3. the power to determine the rules of its proceedings
[Arnault v. Nazareno]
Right to conduct inquiry in aid of Oversight function of Congress

legislation (Art VI, Sec 21) (Art VI, Sec 22)
As to persons who may Any person Heads of departments

appear
As to who conducts the Committees Entire body

investigation
As to subject matter Any matter for the purpose of Matters related to the department
legislation only
As to purpose Congress has the power to Congress has the power to question
conduct inquiries in aid of department heads, the objective of
legislation the aim of which is to which is to obtain information in
elicit information that may be used pursuit of Congress oversight
for legislation functions
As to Congress can compel the Attendance is discretionary hence

attendance/compelling attendance of executive officials Congress cannot compel the
power appearance of executive officials if
the consent of the President is not
obtained first, or if no such consent is
given
H. ELECTORAL TRIBUNALS
SECTION 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which
shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices
of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of
the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of

proportional representation from the political parties and the parties or organizations registered under the
party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
III. EXECUTIVE DEPARTMENT
A. PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS
SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment
during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any contract with, or in any franchise, or special
privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall
not during his tenure be appointed as members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.
B. POWERS OF THE PRESIDENT
1. Executive and administrative powers in general

BAR 2019 IN FOCUS: Power of the president to re-organize the executive department
Sec. 31 of the Administrative Code vests in the President the continuing authority to reorganize the
offices under him in order to achieve simplicity, economy and efficiency.
The Office of the President is the nerve center of the Executive Branch. To remain effective and
efficient, the Office of the President must be capable of being shaped and reshaped by the President in
the manner he deems fit to carry out his directives and policies. (Pichay v Ochoa, G.R. No. 196425,
Perlas-Bernabe case)
2. Power of appointment
SECTION 16. The President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution. He shall also appoint all other officers of the
Government whose appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in
rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or
boards.
The President shall have the power to make appointments during the recess of the Congress, whether
voluntary or compulsory, but such appointments shall be effective only until after disapproval by the
Commission on Appointments or until the next adjournment of the Congress.

Power of Appointment
Confirmation by the Commission on Appointments is required only for presidential appointees as
mentioned in the first sentence of Art. VII, Sec. 16, including those officers whose appointments are
expressly vested by the Constitution itself in the President:
(1) Heads of the executive departments
(2) Ambassadors, other public ministers and consuls
(3) Officers of the Armed Forces of the Philippines with the rank of colonel or naval captain
(4) Other officers whose appointments are vested in the President by the Constitution:
(a) Chairman and Commissioners of the Constitutional Commissions (Art. IX)
(b) Regular members of the Judicial and Bar Council (Art. VII, Sec. 8[2])
Ad Interim (Recess) Acting
Both are effective upon acceptance
Extended only when Congress is recess May be extended even if Congress is in session
Submitted to the CA for confirmation Not submitted to the CA for confirmation
Permanent appointments Way of temporarily filling up vacancies
3. Power of control and supervision

a. Doctrine of qualified political agency
b. Executive departments and officers
c. Local Government Units
4. Military powers
Power Conditions for valid invocation Effect
Call out power Purpose: to prevent or suppress President may call the armed
lawless violence, invasion or rebellion forces
Suspend privilege of There must be invasion or rebellion, a. Merely suspends the

writ of habeas corpus when public safety requires it privilege of the writ;
b. Does not affect the right
to bail;
c. Suspension applies only
to persons facing
charges of rebellion or
offenses inherent in or
directly connected with
invasion;
d. Persons arrested must
be charged within 3
days, otherwise they
must be released;

e. Proclamation does not
supersede civilian
authority
Declaration of Martial There must be invasion or rebellion, Declaration does not suspend the
Law and when public safety requires it operation of the Constitution.
(factual basis)
Does not supplant the
functioning of civil courts and the
legislative assemblies
Conditions for the Exercise of Emergency Powers

1. There must be a war or national emergency;
2. There must be a law authorizing the President to exercise emergency powers;
3. Exercise must be for a limited period.
4. Must be subject to restrictions that Congress may provide; and
5. Exercise must be necessary and proper to carry out a declared national policy [Art. VI. Sec. 23 (2)]
BAR 2019 IN FOCUS: POWER OF CONGRESS TO EXTEND AND DETERMINE THE PERIOD OF
MARTIAL LAW
Sec. 18, Art. VII of the 1987 Constitution is indisputably silent as to how many times the Congress,
upon the initiative of the President, may extend the proclamation of martial law or the suspension of the
privilege of habeas corpus. The limitations to the exercise of the congressional authority to extend such
proclamation or suspension are:
(1) that the extension should be upon the President’s initiative;

(2) that it should be grounded on the persistence of the invasion or rebellion and the demands
of public safety; and
(3) that it is subject to the Court’s review of the sufficiency of its factual basis upon the petition
of any citizen.
Sec. 18, Art. VII did not also fix the period of the extension of the proclamation and suspension.
However, it clearly gave Congress the authority to decide on its duration; thus, the provision states that
the extension shall be “for a period to be determined by the Congress.” [Lagman v. Pimentel III, G.R.
Nos. 235935, 236061, 236145 & 236155; February 6, 2018]
Writ of Habeas Corpus

The writ of habeas corpus was devised and exists as a speedy and effectual remedy to relieve
persons from unlawful restraint, and as the best and only sufficient defense of personal freedom. A prime
specification of an application for a writ of habeas corpus is restraint of liberty. The essential object and
purpose of the writ of habeas corpus is to inquire into all manner of involuntary restraint as distinguished
from voluntary, and to relieve a person therefrom if such restraint is illegal. Any restraint which will
preclude freedom of action is sufficient. [Sombong v. CA, G.R. No. 111876, January 31, 1996]

The writ may not be availed of when the person in custody is under a judicial process or by virtue
of a valid judgment. However, as a post-conviction remedy, it may be allowed when, as a consequence of
a judicial proceeding, any of the ff exceptional circumstances are attendant:
(1) Deprivation of a constitutional right resulting in the restraint of a person;

(2) Court had no jurisdiction to impose the sentence;
(3) Imposed penalty has been excessive, thus voiding the sentence as to such excess [Go v
Dimagiba, June 21 2005].
President Has Discretion Which Military Power To Use Depending On The Prevailing
Circumstances/ Set Of Conditions
Indeed, the 1987 Constitution gives the President, as Commander-in-Chief, a 'sequence' of
'graduated powers'. From the most to the least benign, these are: the calling out power, the power to
suspend the privilege of the writ of habeas corpus, and the power to declare martial law.” This so-called
"graduation of powers" does not dictate or restrict the manner by which the President decides which
power to choose.
The power to choose, initially, which among these extraordinary powers to wield in a given set of
conditions is a judgment call on the part of the President. As Commander-in-Chief, his powers are broad
enough to include his prerogative to address exigencies or threats that endanger the government, and the
very integrity of the State. [Lagman vs. Medialdea G.R. Nos. 231658, 231771 & 231774 (Resolution);
December 5, 2017]
a. Declaration of Martial Law and suspension of the privilege of the writ of habeas corpus;
requisites and parameters of extension
The Constitution Requires Mere Sufficiency, and not Accuracy, of Factual Basis, for the
Declaration of Martial Law
The parameters for determining the sufficiency of factual basis are as follows:
1) actual rebellion or invasion;

2) public safety requires it; the first two requirements must concur; and
3) there is probable cause for the President to believe that there is actual rebellion or invasion."
The phrase “sufficiency of factual basis” is the only test for judicial review of the President's power to
declare martial law and suspend the privilege of the writ of habeas corpus." Accuracy is not the same as
sufficiency as the former requires a higher degree of standard. [Lagman vs. Medialdea]
Only Facts Known To The President At The Time Of Declaration Of Martial Law Shall Be
Considered In Determining Sufficiency Of Factual Basis
In determining the sufficiency of the factual bases of the declaration and/or the suspension, the
Court should look into the full complement or totality of the factual basis, and not piecemeal or
individually. Neither should the Court expect absolute correctness of the facts stated in the proclamation
and in the written Report as the President could not be expected to verify the accuracy and veracity of all
facts reported to him due to the urgency of the situation. [Lagman vs. Medialdea]

President May Put The Entire Philippines Or Only A Part Thereof Under Martial Law
The Constitution grants to the President the discretion to determine the territorial coverage of martial law
and the suspension of the privilege of the writ of habeas corpus. He may put the entire Philippines or only
a part thereof under martial law. [Lagman vs. Medialdea]
Court’s Power To Review Is Independent From Congress’ Power To Revoke The Proclamation Of
Martial Law
The power to review by the Court and the power to revoke by Congress are not only totally
different but likewise independent from each other although concededly, they have the same trajectory,
which is, the nullification of the presidential proclamation.
For instance, in reviewing the sufficiency of the factual basis of the proclamation or suspension,
the Court considers only the information and data available to the President prior to or at the time of the
declaration; it is not allowed to “undertake an independent investigation beyond the pleadings.” On the
other hand, Congress may take into consideration not only data available prior to but likewise events
supervening the declaration. [Lagman vs. Medialdea]
Congress Is Not Mandated To Convene In Joint Session To Deliberate Martial Law Proclamation
The deliberations of the 1986 Constitutional Commission reveal the framers’ specific intentions to:
(a) remove the requirement of prior concurrence of the Congress for the effectivity of the
President's proclamation of martial law and/or suspension of the privilege of the writ of habeas
corpus; and
(b) grant to the Congress the discretionary power to revoke the President's proclamation and/or
suspension by a vote of at least a majority of its Members, voting jointly.
As seen in the deliberations the underlying reason for the requirement that the two Houses of the
Congress will vote jointly is to avoid the possibility of a deadlock and to facilitate the process of revocation
of the President's proclamation of martial law and/or suspension of the privilege of the writ of habeas
corpus. [Padilla v. Congress of the Philippines]
5. Executive Clemency
Amnesty Pardon
Extent Political offenses Infraction of peace/common crimes
Coverage Granted to classes of persons Granted to individuals
Approval of Requires concurrence of Congress Does not require concurrence of

Congress Congress
Nature Public act to which the court may take Private act which must be pleaded and
judicial notice proved
Effectivity Looks backward and put into oblivion Looks forward and relieve the pardonee
the offense itself the consequences of the offense
Limitation May be granted even before trial Can be granted only after conviction

6. Powers Pertinent To Foreign Relations
BAR 2019 IN FOCUS: TREATY v EXECUTIVE AGREEMENT

A treaty is an international agreement concluded between states in written form and governed by
international law, whether embodied in a single instrument or in two or more related instruments and
whatever its particular designation. (Vienna Convention on the Law of Treaties, Art. 2)
International agreements may be in the form of (1) treaties that require legislative concurrence after
executive ratification; or (2) executive agreements that are similar to treaties, except that they do not
require legislative concurrence and are usually less formal and deal with a narrower range of subject
matters than treaties.
Under international law, there is no difference between treaties and executive agreements in terms of
their binding effects on the contracting states concerned, as long as the negotiating functionaries have
remained within their powers.
However, a treaty has greater "dignity" than an executive agreement, because its constitutional efficacy
is beyond doubt, a treaty having behind it the authority of the President, the Senate, and the people; a
ratified treaty, unlike an executive agreement, takes precedence over any prior statutory enactment.
(Bayan Muna v Romulo, G.R. No. 159618, Feb. 2011)
C. RULES OF SUCCESSION
Vacancy at the Death or permanent Vice-President-elect

beginning of the term disability of the shall become President
President-elect
President-elect fails to Vice-President-elect

qualify shall act as President
until the President-elect
shall have qualified
President shall not Vice-President-elect

have been chosen shall act as President
until a President shall
have been chosen and
qualified
No President and Senate President or, in In the event of inability

VicePresident chosen case of his inability, of the SP and Speaker,
nor shall have qualified, Speaker of the House Congress shall, by law,
or both shall have died of Representatives, provide for the manner
or become permanently shall act as President in which one who is to
disabled until a President or a act as President shall
Vice-President shall be selected until a
have been chosen and President or
qualified. VicePresident shall
have qualified.

Vacancy during the Death, permanent Vice-President shall
term disability, removal become President
from office, or
resignation of the
President
Death, permanent Senate President or, in Congress, by law, shall

disability, removal from case of his inability, the provide for the manner
office, or resignation of Speaker of the House in which one is to act as
President AND of Representatives, President in the event
Vice-President shall act as President of inability of the SP
until a President or and Speaker
Vice-President shall be
elected and qualified.
Temporary disability When President Such powers and

transmits to the Senate duties shall be
President and the discharged by the Vice-
Speaker of the House President as Acting
his written declaration President, until the
that he is unable to President transmits to
discharge the them a written
powers and duties of declaration to the
his office contrary
When a Majority of all The Vice-President

the members of the shall immediately
Cabinet transmit to the assume the powers and
Senate President and duties of the office as
the Speaker their Acting President until
written declaration that the President transmits
the President is unable to the Senate President
to and Speaker his written
discharge the powers declaration that no
and duties of his office inability exists
If after the President Congress determines Congress shall

transmits his by a 2/3 vote of both convene, if not in
declaration of his ability houses, voting session, within 48
to discharge his office, separately, that the hours. And if within 10
and a majority of President is unable to days from receipt of the
members of the discharge the powers last written declaration
Cabinet transmit within and duties of his office, or, if not in session,
5 days to the Senate the Vice- President within 12 days after it is
President and Speaker shall act as President; required to assemble
their written declaration otherwise, the
that the President is President shall continue
unable to discharge the exercising the powers
powers and duties of and duties of his office

his office,
Congress shall decide
the issue.
IV. JUDICIAL DEPARTMENT
A. JUDICIAL POWER
ARTICLE VIII, SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law. Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the Government.
In the case of Macalintal v. PET, G.R. No. 191618, Nov. 23, 2010, the Court ruled that it has no
jurisdiction to rule on a petition alleging grave abuse of discretion on a decision made by the Presidential
Electoral Tribunal (PET).
SECTION 4. (2) All cases involving the constitutionality of a treaty, international or executive agreement,
or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of
Court are required to be heard en banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations,
shall be decided with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
SECTION 5. The Supreme Court shall have the following powers:
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts x x x
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
SECTION 6. The Supreme Court shall have administrative supervision over all courts and the personnel
thereof.
B. SAFEGUARDS OF JUDICIAL INDEPENDENCE
1. Judicial and Bar Council
A writ of mandamus does not lie against the JBC. The duty of the JBC to submit a list of nominees before
the start of the President’s mandatory 90-day period to appoint is ministerial, but its selection of the
candidates whose names will be in the list to be submitted to the President lies within the discretion of the

JBC. The object of the petitions for mandamus should only refer to the duty to submit to the President the
list of nominees for every vacancy in the Judiciary, because in order to constitute unlawful neglect of duty,
there must be an unjustified delay in performing that duty. A writ of prohibition also does not lie against
the JBC. Only the President can appoint the Chief Justice.(De Castro v JBC)
V. CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
ARTICLE IX-C, SECTION 1. (2) The Chairman and the Commissioners shall be appointed by the
President with the consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, three Members shall hold office for seven years, two Members
for five years, and the last Members for three years, without reappointment. Appointment to any vacancy
shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.
ARTICLE IX-D, SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or
uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with
original charters, and on a post-audit basis: (a) constitutional bodies, commissions and offices that have
been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c)
other government- owned or controlled corporations and their subsidiaries; and (d) such
non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the
Government, which are required by law or the granting institution to submit to such audit as a condition of
subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such
period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
ARTICLE XI: IMPEACHMENT
SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other public officers and employees may be removed from office as
provided by law, but not by impeachment.
INITIATION OF IMPEACHMENT
[1987 Constitution, Art. XI, Sec. 3]
1. The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
2. A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution of endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the

proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session days from
such referral, together with the corresponding resolution. The resolution shall be calendared for
consideration by the House within ten session days from receipt thereof.
3. A vote of at least one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
4. In case the verified complaint or resolution of impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the
Senate shall forthwith proceed.
5. No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.
Impeachment; Meaning of Initiation. Having concluded that the initiation takes place by the act of filing
and referral or endorsement of the impeachment complaint to the House Committee on Justice or, by the
filing by at least one-third of the members of the House of Representatives with the Secretary General of
the House, the meaning of Section 3 (5) of Article XI becomes clear. Once an impeachment complaint
has been initiated, another impeachment complaint may not be filed against the same official within a one
year period [Francisco v. House of Representatives, G.R. No. 160261, November 10. 2003].
VI. BILL OF RIGHTS
SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Right to liberty – civil rights are superior to property rights
A. FUNDAMENTAL POWERS OF THE STATE
Police Power Eminent Domain Taxation
Compensation
None (The altruistic feeling that Just compensation (Full and fair None (The protection given and
one has contributed to the public equivalent of the property taken) public improvements instituted
good [Nachura]) by the State because of these
taxes [Nachura])
Use of Property
Not appropriated for public use Appropriated for public use Use taxing power as an
implement for the attainment of

a legitimate police objective—to
regulate a business or trade
Objective
Property taken for public use; it Earn revenue for the

is not necessarily noxious government
Coverage
Liberty and property Property rights only Property rights only
Primary Purpose
To regulate; to promote general To devote property to public use Only by the government
comfort, health and prosperity
Exercise of Power
Only by the government May be exercised by private Only by the governement

entities when right conferred by
law
Basis
Self-preservation and Life blood theory

Self-protection
B. RIGHTS TO LIFE, LIBERTY, AND PROPERTY
Right to liberty – civil rights are superior to property rights
1. Procedural and substantive due process
Principles of Substantive due process
Requisites
1. Law shall be prescribed in harmony with the general

powers of the legislative department of the Government.
2. The law shall be reasonable in its operation.
3. It shall be enforced according to the regular methods of
procedure prescribed.
It shall be applicable alike to all the citizens of the state or to all of

a class.

2. Void-for-vagueness doctrine
Requisites Application
A law is vague when it lacks comprehensible

standards, such that men of common intelligence
must necessarily guess as to its meaning and
differ as to its application.
A vague law is void and unconstitutional because:
1. It violates due process for failure to accord

persons fair notice of the conduct to avoid. Generally, free speech cases
2. Law enforcers have unbridled discretion in

carrying out its provisions.
C. EQUAL PROTECTION
Test Requisites Application
Rational Basis Classification and

1. Government must allege a state differentiation statutes
interest.
2. Classification must bear a
reasonable relation to the
purpose.
3. There is a strong presumption of
validity in favor of the
classification.
Immediate Applies to gender & legitimacy

Scrutiny 1. Government must show the cases, content- neutral
classification serves an important prohibitions, and substantive
state interest. due process cases (see White
2. Classification must be Light v. City of Manila)
substantially related to the
interest alleged.

Strict Scrutiny When regulation infringes on a
1. Government must allege a fundamental right (i.e. speech,
compelling interest. religion, privacy)
2. The regulation must be narrowly
tailored to the interest.
3. It must be the least restrictive
means to achieve such interest.
D. SEARCHES AND SEIZURES
1. Requisites for a valid warrant
A. Existence of Probable Cause

Probable cause for the issuance of a search warrant are such facts and circumstances as would
reasonably make a prudent man to believe that a crime has been committed and that the
documents or things sought to be searched and seized are in the place sought to be searched.
(Burgos v. Chief of Staff, December 26, 1984)
B. Determination of Probable cause was done personally by the judge
C. Personal examination under oath or affirmation of the complainant and the witnesses he
may produce
D. Personal knowledge of the complainant or his witnesses of the facts upon which the
issuance of warrant may be justified
E. The warrant must describe particularly the place to be searched and the persons or
things to be seized
A search warrant may be said to particularly describe the things to be seized when the
description therein is as specific as the circumstances will ordinarily allow and by which the warrant
officer may be guided in making the search and seizure (Bache & Co. v. Ruiz, G.R. L-32409,
February 27, 1971)
BAR 2019 IN FOCUS: WARRANTLESS SEARCHES OF BUSES AND OTHER FORMS OF PUBLIC
TRANSPORT
Prior to entry, passengers and their bags and luggages can be subjected to a routine inspection akin
to airport and seaport security protocol. Metal detectors and x-ray scanning machines can be installed
at bus terminals. Passengers can also be frisked. Passengers can be required instead to open their
bags and luggages for inspection, which inspection must be made in the passenger's presence. Should
the passenger object, he or she can validly be refused entry into the terminal.
While in transit, a bus can still be searched by government agents or the security personnel of the bus
owner in the following three instances. First, upon receipt of information that a passenger carries

contraband or illegal articles, the bus where the passenger is aboard can be stopped en route to allow
for an inspection of the person and his or her effects. This is no different from an airplane that is forced
to land upon receipt of information about the contraband or illegal articles carried by a passenger
onboard. Second, whenever a bus picks passengers en route, the prospective passenger can be
frisked and his or her bag or luggage be subjected to the same routine inspection by government
agents or private security personnel as though the person boarded the bus at the terminal. This is
because unlike an airplane, a bus is able to stop and pick passengers along the way, making it possible
for these passengers to evade the routine search at the bus terminal. Third, a bus can be flagged down
at designated military or police checkpoints where State agents can board the vehicle for a routine
inspection of the passengers and their bags or luggages.
Both situations must also satisfy the following conditions to qualify as a valid reasonable search:
1. The manner of the search must be the least intrusive and must uphold the dignity of the person
or persons being searched, minimizing, if not altogether eradicating, any cause for public
embarrassment, humiliation or ridicule.
2. The search cannot result from any discriminatory motive such as insidious profiling,
stereotyping and other similar motives.
3. The purpose of the search must be confined to ensuring public safety.
4. As to the evidence seized from the reasonable search, courts must be convinced that
precautionary measures were in place to ensure that no evidence was planted against the
accused. (Saluday v People, G.R. No. 215305, En Banc decision)
2. Warrantless Searches And Seizures
Warrantless Searches Warrantless Arrest
1. When the right has been waived 1. When in his presence, the person
2. A person caught in flagrante delicto as an arrested has committed, is actually
incident to a lawful arrest, provided search is committing, or is attempting to commit
contemporaneous to arrest and within an offense
permissible area of search 2. been committed and he has probable
3. Searches of vessel and aircraft for violation of cause to believe based on personal
fishery, immigration and custom laws knowledge of facts or circumstances
4. Searches of automobiles at borders or that the person to be arrested has
constructive borders for violation of committed it
immigration and smuggling laws 3. When the person to be arrested is an
5. Inspection of buildings and other premises for escapee or detention prisoner
enforcement of fire, sanitary and building
regulations 4. When the right is waived by the
6. Visual search at checkpoints person arrested provided he knew of
7. Conduct of “aerial target zoning” and such right and knowingly decided not
“saturation drive” in the exercise of military to invoke it
powers of the President
8. When there is a genuine reason to
“stop-and-frisk”
9. Where prohibited articles are in plain view

E. PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE
BAR 2019 IN FOCUS: REASONABLE EXPECTATION OF PRIVACY
The reasonableness of a person's expectation of privacy must be determined on a case-to-case basis
since it depends on the factual circumstances surrounding the case. Other factors such as customs,
physical surroundings and practices of a particular activity may diminish this expectation.
Concededly, a bus, a hotel and beach resort, and a shopping mall are all private property whose
owners have every right to exclude anyone from entering. At the same time, however, because these
private premises are accessible to the public, the State, much like the owner, can impose non-intrusive
security measures and filter those going in. The only difference in the imposition of security measures
by an owner and the State is, the former emanates from the attributes of ownership under Article 429 of
the Civil Code, while the latter stems from the exercise of police power for the promotion of public
safety. Necessad1y, a person's expectation of privacy is diminished whenever he or she enters private
premises that arc accessible to the public.
In this case, a bus inspection conducted by Task Force Davao at a military checkpoint constitutes a
reasonable search. Bus No. 66 of Davao Metro Shuttle was a vehicle of public transportation where
passengers have a reduced expectation of privacy. (Saluday v People, G.R. No. 215305, En Banc
decision)
F. FREEDOM OF SPEECH AND EXPRESSION
1. Prior restraint and subsequent punishment
2. Content-based and content-neutral regulations
Miller test (Obscenity test)

1. The average person, applying contemporary community standards would find that the
work, taken as a whole, appeals to prurient interest;
2. The work depicts or describes in a patently offensive way, sexual conduct specifically
defined by the applicable state law;
3. The work, taken as a whole, lacks serious,
3. Facial challenges and the overbreadth doctrine

A law is vague when, in attempting to restrict unprotected behavior, it also infringes upon protected
freedoms. The basis is the unnecessary broadness of the law.
4. Dangerous tendency, balancing of interests, and clear and present danger tests
5.
Clear and present danger test
There must be a clear and present danger of an evil substantive enough to warrant state interference.
It is a question of proximity and degree. Success of the obstruction is unnecessary; the tendency and
intent of the act
(Imminent lawless action or IIL)

State should not forbid advocacy of the use of force or of law violation, except if advocacy is directed
to inciting or producing imminent lawless action, and is likely to incite and produce such

G. FREEDOM OF RELIGION
SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political
rights.
1. Benevolent neutrality and conscientious objectors
Strict separation
Believes that the “wall of separation” is meant to protect the state from the church, and that the
Religion Clauses are an absolute barrier to the formal interdependence of religion and state.
- Usually employed in American jurisprudence
Thus, religious institutions cannot receive aid, whether direct or indirect, and the state cannot adjust
its secular programs to ease the burdens it imposes on the faithful.
Strict neutrality
A tamer version of strict separation; requires the state to be neutral towards both believers and non-
believers, instead of being adversarial. It is not hostile to religion, but it is strict in holding that religion
cannot be a basis to classify for purposes of governmental action.
Benevolent neutrality
Gives room for accommodating religion, holding that the wall is instead meant to protect the church
from the state. It allows interaction between the church and state, but is strict re: state action, which
would threaten the integrity of religious commitment. In Estrada v. Escritor, it was held that this was
the intent of the framers of our Constitution.
2. LEMON AND COMPELLING STATE INTEREST TESTS
Sherbert test: If yes to all the questions below, then the statute is constitutional:
1. Is the belief sincere?
2. Has the right to religious freedom been burdened?
3. The compelling state interest test:
a. Does the government have an interest compelling enough to override this belief and
regulate this freedom?
b. Is its means in pursuing the interest the least restrictive and burdensome on respondent’s
freedom?
There is compelling state interest when:

a. The state have a compelling reason/interest to reach into such legislation infringing into the
private domain; and
b. There is no other alternative
Lemon test: If yes to all the questions below, then the statute is constitutional:
1. Does the statute have a secular legislative purpose?
2. Does its primary effect neither advance nor inhibit religion?
3. Does the statute not foster an excessive entanglement with religion?

H. LIBERTY OF ABODE AND RIGHT TO TRAVEL
SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.
BAR 2019 IN FOCUS: CURFEW AND THE RIGHT TO TRAVEL

The right to travel refers to the right to move freely from the Philippines to other countries or within the
Philippines. The right to travel is essential as it enables individuals to access and exercise their other
rights, such as the rights to education, free expression, assembly, association, and religion.
However, this right is not absolute. As the Constitution itself reads, the State may impose limitations on
the exercise of this right, provided that they: (1) serve the interest of national security, public safety, or
public health; and (2) are provided by law.
City councils are authorized under PD 603 to enact curfew ordinances and enforce the same through
their local officials. The Court recognizes that minors do possess and enjoy constitutional rights, but the
exercise of these rights is not co-extensive as those of adults.109 They are always subject to the
authority or custody of another, such as their parent/s and/or guardian/s, and the State.
Curfew Ordinances promote juvenile safety and prevent of juvenile crime. The restriction on the minor's
movement and activities within the confines of their residences and their immediate vicinity during the
curfew period is perceived to reduce the probability of the minor becoming victims of or getting involved
in crimes and criminal activities. (SPARK v Quezon City, G.R. No. 225442, Perlas-Bernabe case)
I. RIGHT TO INFORMATION
SECTION 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.
1. Scope and limitations

All transactions involving public interest, including any matter contained in official
communications and public documents of the government agency.
Matters of public concern. [Public concern: no exact definition and adjudicated by the courts on a
case-by- case basis, but examples abound in jurisprudence (e.g. peace negotiations, board exams,
PCGG compromise agreements, civil service matters).]
Demand to Access
Demand or request required to gain access.
Object
- Duty to disclose of the government, pursuant to the policy of full public disclosure.
- Duty to permit access to information on matters of public concern.

J. RIGHT OF ASSOCIATION
K. EMINENT DOMAIN
SECTION 9. Private property shall not be taken for public use without just compensation.
Note: To be just, the compensation must be paid on time. Expropriation is for public use for a specific
intended purpose. If abandoned, the property must be returned to the owners.
L. NON-IMPAIRMENT OF CONTRACTS
Contracts clause
The statute restraining contracts must:
1. Have a state obligation that is reasonable and necessary to serve an important public purpose;
2. Be necessary;
3. Be the only alternative;
4. Meet the purpose of the law;
5. Be essential to the achievement of an important state purpose.
M. CUSTODIAL INVESTIGATION RIGHTS
SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
N. RIGHTS OF THE ACCUSED
SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Bail is a matter of right is a person is charged with and offense not punishable by reclusion perpetua, life
imprisonment or death. (Rules of Court. Rule 114, Sec. 4)

When bail is a matter of right:
(a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and
(b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment.
When bail is discretionary: Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, on application, may admit the accused to bail.
Should the court grant the application, the accused may be allowed to continue on provisional liberty
during the pendency of the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be
denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused,
of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.
BAR 2019 IN FOCUS: BAIL

The principal purpose of bail, which is to guarantee the appearance of the accused at the trial, or
whenever so required by the court. In Enrile v Sandiganbayan, the Court took into account the
accused’s social and political standing, and his personal disposition from the onset of his indictment,
his advanced age and his fragile health.
1. In all cases, whether bail is a matter of right or of discretion, notify the prosecutor of the hearing
of the application for bail or require him to submit his recommendation (Section 18, Rule 114 of
the Rules of Court)
2. Where bail is a matter of discretion, conduct a hearing of the application for bail regardless of
whether or not the prosecution refuses to present evidence to show that the guilt of the
accused is strong for the purpose of enabling the court to exercise its sound discretion;
(Section 7 and 8)
3. Decide whether the guilt of the accused is strong based on the summary of evidence of the
prosecution
4. If the guilt of the accused is not strong, discharge the accused upon the approval of the
bailbond (Section 19) Otherwise petition should be denied.
Bail for the provisional liberty of the accused, regardless of the crime charged, should be
allowed independently of the merits of the charge, provided his continued incarceration is clearly shown
to be injurious to his health or to endanger his life. Denying him bail despite imperiling his life would not
serve the true objective of preventive incarceration during the trial.

O. CUSTODIAL INVESTIGATION RIGHTS
In addition to the Miranda rights, the Court in the case of Mahinay stated that a person arrested, detained
or invited under custodial investigation must be informed:
1. In a language known to and understood by him of the reason for his arrest, and must be shown the
warrant of arrest. Every other warning, information or communication must be in a language known to and
understood by him.
2. That, at any time, he has the right to communicate or confer by the most expedient means (telephone,
etc.) with his lawyer, any member of his immediate family or any medical doctor, priest or minister chosen
by him or by his counsel or by any member of his immediate family;
3. That he has a right to be visited by or confer with accredited national or international NGOs;
4. That he has a right to waive any of the said rights provided that he does so voluntarily and intelligently;
5. That any waiver of the right to a lawyer must be done in writing and in the presence of counsel;
otherwise, the waiver is void.
P. RIGHT AGAINST SELF-INCRIMINATION
SECTION 17. No person shall be compelled to be a witness against himself.
Q. RIGHT AGAINST DOUBLE JEOPARDY
SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Requisites:
(a) Court of competent jurisdiction;
(b) A Complaint/Information sufficient in form and substance to sustain a conviction;
(c) Arraignment and plea by the accused;
(d) Conviction, acquittal, or dismissal of the case without the express consent, of the accused. [Rule 117,
Sec. 7; People v. Obsania (1968)]
Dismissal of criminal case

Dismissal with the express consent or upon motion of the accused does not result in double jeopardy
a. Dismissal is based on insufficiency of evidence

b. Denial of the right to speedy trial (Philippine Savings Bank v. Bermoy, G.R. 151912, September 26,
2005)
Motion for reconsideration

To reconsider a judgment of acquittal places the accused twice in jeopardy of being punished for the
crime of which he has already been absolved (Lejano v. People, G.R. No. 176389, January 18, 2011)
a. When the court that absolved the accused gravely abused its discretion, resulting in loss of
jurisdiction; or
b. When a mistrial has occurred. In any of such cases, the State may assail the decision by special civil
action of certiorari under Rule 65

Only Appeal
An acquittal is final and unappealable when there is a finding of a sham on the ground of double
jeopardy trial can the doctrine of double jeopardy be not invoked because the people, as represented by
the prosecution, were denied due process (People v. Tria-Tirona, G.R. 130106, July 15, 2006)
Doctrine of supervening event

Allows the prosecution for another offense if subsequent development changes the character of the first
indictment under which he may have already been charged or convicted. (People v. Villarama, G.R. No
98287, June 23, 1992)
VII. CITIZENSHIP
A. WHO ARE FILIPINO CITIZENS
Art. IV, Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon
reaching the age of majority; and
4. Those who are naturalized in accordance with law.
B. MODES OF ACQUIRING CITIZENSHIP

There are two (2) generally recognized forms of acquiring Philippine citizenship:
a) Filipino by birth
i) Jus soli (right of soil) which is the legal principle that a person’s nationality at birth is determined
by the place of birth (e.g. the territory of a given state);
ii) Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual
acquires the nationality of his/her natural parent/s. The Philippine adheres to this principle.
b) Filipino by naturalization which is the judicial act of adopting a foreigner and clothing him with the
privileges of a native-born citizen. It implies the renunciation of a former nationality and the fact of
entrance into a similar relation towards a new body politic.
2 Kinds of Citizens:
1) Natural-born Citizen
A person who at the time of his birth is a citizen of a particular country, is a natural-born citizen
thereof. As defined in the Constitution, natural-born citizens "are those citizens of the Philippines from
birth without having to perform any act to acquire or perfect his Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens" [Art. IV, Sec. 2]
2) Naturalized Citizen
[N]aturalized citizens are those who have become Filipino citizens through naturalization, generally
under Commonwealth Act No. 473, otherwise known as the Revised Naturalization Law, which

repealed the former Naturalization Law (Act No. 2927), and by Republic Act No. 530. To be
naturalized, an applicant has to prove that he possesses all the qualifications and none of the
disqualifications provided by law to become a Filipino citizen. [Bengson v. HRET, May 7, 2001]
Who must be natural-born citizens?

1. President [Art. VII, Sec. 2]
2. Vice-President [Art. VII, Sec. 3]
3. Members of the Congress (both houses) [Art. VI, Secs. 3 & 6]
4. Justices of the Supreme Court and lower collegiate courts [Art. VIII, Sec. 7]
5. Ombudsman and his deputies [Art. XI, Sec. 8]
6. Members of Constitutional Commissions
a. CSC Chairman and Commissioners [Art. IX-B, Sec. 1]
b. COMELEC Chairman and Commissioners [Art. IX-C, Sec. 1]
c. COA Chairman and Commissioners [Art. IX-D, Sec. 1]
7. Members of the central monetary authority [Art. XII, Sec. 20]
8. Chairman and members of the Commission on Human Rights [Art. XIII, Sec. 17]
C. LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP
How citizenship may be lost: [Sec.1, CA 63, as amended]

(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country
upon attaining the age of majority
(4) By rendering services to, or accepting commission in the armed forces of a foreign country
UNLESS:
(a) The Philippines has a defensive and/or offensive pact of alliance with the said foreign
country; OR
(b) said foreign country maintains armed forces on Philippine territory with the consent of the
Philippines
(5) By cancellation of the of the certificates of naturalization (Denaturalization);

(6) By having been declared by competent authority, a deserter of the Philippine armed forces in
time of war, unless subsequently, a plenary pardon or amnesty has been granted; and
RE-ACQUISITION OF PHILIPPINE CITIZENSHIP

Natural-born citizens who have lost their Philippine citizenship by reason of their naturalization as citizens
of a foreign country are deemed to have re-acquired Philippine citizenship upon taking an oath of
allegiance to the Republic:
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign
country shall retain their Philippine citizenship upon taking the aforesaid oath. (RA 9225, Sec. 3)
Effects of retention or re-acquisition of Philippine citizenship:

Those who retain or re-acquire Philippine citizenship shall enjoy full civil and political rights and be subject
to all attendant liabilities and responsibilities under existing laws and the following conditions:

(1) Those intending to exercise their right of suffrage must meet the requirements under Section 1,
Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee
Voting Act of 2003” and other existing laws;
(2) Those seeking elective public office in the Philippines shall meet the qualifications for holding
such public office as required by the Constitution and existing laws and, at the time of the filing of
the certificate of candidacy, make a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted authorities prior to their assumption of office:
Provided, That they renounce their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper
authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be
exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which they are
naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the armed

forces of the country which they are naturalized citizens.
On the requirement of renunciation: The requirement of renunciation of any and all foreign citizenship
indicates a policy that anyone who seeks to run for public office must be solely and exclusively a Filipino
citizen. To allow a former Filipino who reacquires Philippine citizenship to continue using a foreign
passport – which indicates the recognition of a foreign state of the individual as its national – even after
the Filipino has renounced his foreign citizenship, is to allow a complete disregard of this policy.
[Maquiling v. COMELEC, July 2, 2013]
The renunciation of foreign citizenship must be complete and unequivocal. The requirement that the
renunciation must be made through an oath emphasizes the solemn duty of the one making the oath of
renunciation to remain true to what he has sworn to. Allowing the subsequent use of a foreign passport
because it is convenient for the person to do so is rendering the oath a hollow act. It devalues the act of
taking of an oath, reducing it to a mere ceremonial formality. [Maquiling v. COMELEC, July 2, 2013]
Residency requirement: There is no residency requirement for the reacquisition or retention of

Philippine citizenship under the law. Neither does it mention any effect of such reacquisition or retention
of Philippine citizenship on the current residence of the concerned natural-born Filipino. [Japzon v.
COMELEC, January 19, 2009]
Effect on minor children: The unmarried child, whether legitimate, illegitimate or adopted, below
eighteen (18) years of age, of those who re-acquire Philippine citizenship shall be deemed citizens of the
Philippines (Sec. 4) Conditions for the exercise of certain rights:

D. DUAL CITIZENSHIP AND DUAL ALLEGIANCE
Dual citizenship Dual allegiance
Dual citizenship arises when, as a result of the Dual allegiance refers to the situation in which
concurrent application of the different laws of two a person simultaneously owes, by some
or more states, a person is simultaneously positive act, loyalty to two or more states. It is
considered a national by the said states. It is the result of an individual's volition.
involuntary.
With respect to dual allegiance, Article IV, §5
For instance, such a situation may arise when a of the Constitution provides: "Dual allegiance
person whose parents are citizens of a state of citizens is inimical to the national interest
which adheres to the principle of jus sanguinis is and shall be dealt with by law."
born in a state which follows the doctrine of jus
soli. Such a person, ipso facto and without any
voluntary act on his part, is concurrently
considered a citizen of both states.
Considering the citizenship clause (Art. IV) of our Constitution, it is possible for the following classes of
citizens of the Philippines to possess dual citizenship:
(1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus
soli;
(2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers'
country such children are citizens of that country;
(3) Those who marry aliens if by the laws of the latter's country the former are considered citizens,
unless by their act or omission they are deemed to have renounced Philippine citizenship.
E. FOUNDLINGS
(Grace Poe: Concept of Natural Born Citizen)
As a matter of law, foundlings are as a class, natural-born citizens. While the 1935 Constitution's
enumeration is silent as to foundlings, there is no restrictive language which would definitely exclude
foundlings either.
Domestic laws on adoption also support the principle that foundlings are Filipinos. These laws do
not provide that adoption confers citizenship upon the adoptee. Rather, the adoptee must be a Filipino in
the first place to be adopted. The most basic of such laws is Article 15 of the Civil Code which provides
that "[l]aws relating to family rights, duties, status, conditions, legal capacity of persons are binding on
citizens of the Philippines even though living abroad." Adoption deals with status, and a Philippine
adoption court will have jurisdiction only if the adoptee is a Filipino.
Foundlings are likewise citizens under international law. The common thread of the UDHR, UNCRC
and ICCPR is to obligate the Philippines to grant nationality from birth and ensure that no child is

stateless. This grant of nationality must be at the time of birth, and it cannot be accomplished by the
application of our present naturalization laws, Commonwealth Act No. 473, as amended, and R.A. No.
9139, both of which require the applicant to be at least eighteen (18) years old. [Poe-Llamanzares v.
COMELEC, G.R. Nos. 221697, 221698-700, March 8, 2016]

VIII. LAW ON PUBLIC OFFICERS
A. GENERAL PRINCIPLES
What is a public office
A public office is the right, authority and duty, created and conferred by law, by which, for a given period,
either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some
portion of the sovereign functions of the government, to be exercised by him for the benefit of the public.
The individual so invested is a public officer. [Laurel v. Desierto, April 2002, citing Mechem]
Definition under other laws:

"Public officer" includes elective and appointive officials and employees, permanent or temporary,
whether in the classified or unclassified or exempt service receiving compensation, even nominal, from
the government as defined in the preceding subparagraph. [RA 3019, Sec. 2(b); Anti-graft and Corrupt
Practices Act]
The word "includes" used in defining a public officer in Sec. 2(b) indicates that the definition is not
restrictive. The terms "classified, unclassified or exemption service" were the old categories of positions in
the civil service which have been reclassified into Career Service and Non-Career Service. Thus, a
contractual employee working in a project under a contract with the government may be public officer.
[Preclaro v. Sandiganbayan, August 21, 1995]
“Public Officers” refers to any person who, by direct provision of the law, popular election or appointment
by competent authority, shall take part in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.
[Revised Penal Code, Art. 203]
The definition [of public officer in the RPC] is quite comprehensive, embracing as it does, every public
servant from the highest to the lowest. For the purposes of the Penal Code, it obliterates the standard
distinction in the law of public officers between "officer" and "employee". [Maniego v. People, April 20,
1951]
Elements of a public office

1. Created by the Constitution or by law or by some body or agency to which the power to create
the office has been delegated
2. Invested with an authority to exercise some portion of the sovereign power of the State to be
exercised for public interest
3. Powers and duties are defined by Constitution or by law or though legislative history
4. The duties are to be performed independently unless [the officer is] placed under the control
of superior body or officer
5. Continuing and permanent in nature and not merely occasional or intermittent
The most important characteristic which distinguishes an office from an employment or contract is that an
office involves a delegation to the individual of some of the sovereign functions of government, to
be exercised by him for the benefit of the public; that some portion of the sovereignty of the country,
either legislative, executive or judicial, attaches, for the time being, to be exercised for the public benefit.

Unless the powers conferred are of this nature, the individual is not a public officer. [Laurel v. Desierto,
April 2002, citing Mechem]
Public office, How created

A public office may be created through any of the following modes: (6) by the Constitution (fundamental
law), (7) by law (statute duly enacted by Congress), or (8) by authority of law.
B. MODES OF ACQUIRING TITLE TO PUBLIC OFFICE
“Appointment to a government post is a process. Any valid appointment, including one made under the
exception provided in Section 15, Article VII of the 1987 Constitution, must consist of the President
signing an appointee’s appointment paper to a vacant office, the official transmittal of the appointment
paper (preferably through the MRO (Malacañang Records Office), receipt of the appointment paper by the
appointee, and acceptance of the appointment by the appointee evidenced by his or her oath of office or
his or her assumption to office.
The following elements should always concur in the making of a valid (which should be understood as
both complete and effective) appointment:
(1) authority to appoint and evidence of the exercise of the authority;
(2) transmittal of the appointment paper and evidence of the transmittal;
(3) a vacant position at the time of appointment; and
(4) receipt of the appointment paper and acceptance of the appointment by the appointee who
possesses all the qualifications and none of the disqualifications.
The reckoning point in determining the qualifications of an appointee is the date of issuance of
the appointment and not the date of its approval by the CSC or the date of resolution of the protest
against it. [CSC v. Dela Cruz, August 2004]
Appointment v. Designation
Appointment Designation
An appointment is the selection by the proper Designation merely connotes an imposition of

authority of an individual who is to exercise the additional duties, usually by law, upon a person
powers and functions of a given office. already in the public service by virtue of an earlier
appointment.
It does not entail payment of additional benefits or

grant upon the person so designated the right to
claim the salary attached to the position. As such,
there being no appointment issued, designation
does not entitle the officer designated to receive
the salary of the position
Remedy to question title

The title to a public office may not be contested except directly, by quo warranto proceedings; and it
cannot be assailed collaterally even through mandamus or a motion to annul or set aside order. [Topacio
v. Ong, December 18, 2008]
C. ELIGIBILITY AND QUALIFICATION REQUIREMENTS
On Citizenship
Philippine citizenship is an indispensable requirement for holding an elective public office, and the
purpose of the citizenship qualification is none other than to ensure that no alien, i.e., no person owing
allegiance to another nation, shall govern our people and our country or a unit of territory thereof.
[Frivaldo v. COMELEC, June 28, 1996]
A mere application for repatriation does not, amount to an automatic reacquisition of the applicant's
Philippine citizenship. [Labo v. COMELEC, July 3, 1992]
On residency
Generally, in requiring candidates to have a minimum period of residence in the area in which they seek
to be elected, the Constitution or the law intends to prevent the possibility of a "stranger or newcomer
unacquainted with the conditions and needs of a community and not identified with the latter from
[seeking] an elective office to serve that community.". [Torayno v. COMELEC, August 9, 2000]
D. DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS
On Multiple offices
General rule for elective officials: “No elective official shall be eligible for appointment or designation in
any capacity to any public office or position during his tenure. [Sec. 7, Art. IX-B, 1987 Const.]
General rule for appointive officials:

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall
hold any other office or employment in the Government or any subdivision, agency or instrumentality
thereof, including Government-owned or controlled corporations or their subsidiaries. “[Sec. 7, Art. IX-B,
1987 Const.]
EXCEPTION: Stricter rule for President, et.al.:

The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or employment during their tenure.
They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.” [Sec. 13, Art. VII, 1987 Const.]
While all other appointive officials in the civil service are allowed to hold other office or employment in the
government during their tenure when such is allowed by law or by the primary functions of their positions,
members of the Cabinet, their deputies and assistants may do so only when expressly authorized by the
Constitution itself. [Civil Liberties Union v. Executive Secretary, February 22, 1991]

EXCEPTION TO THE EXCEPTION: The prohibition against holding dual or multiple offices must not,
however, be construed as applying to posts occupied by the Executive officials specified without
additional compensation in an ex-officio capacity as provided by law and as required by the primary
functions of said officials' office. The reason is that these posts do no comprise "any other office" within
the contemplation of the constitutional prohibition but are properly an imposition of additional duties and
functions on said officials. [Civil Liberties Union v. Executive Secretary, February 22, 1991]
On nepotism: [Section 59, Book V of the Revised Administrative Code of 1987]
(1) All appointments in the national, provincial, city and municipal governments or in any branch or
instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative
of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons
exercising immediate supervision over him, are hereby prohibited.
The word "relative" and members of the family referred to are those related within the third degree either
of consanguinity or of affinity.
(2) The following are exempted from the operation of the rules on nepotism:
(a) persons employed in a confidential capacity,
(b) teachers,
(c) physicians, and
(d) members of the Armed Forces of the Philippines
The restriction mentioned in (1) shall not be applicable to the case of a member of any family who, after
his or her appointment to any position in an office or bureau, contracts marriage with someone in the
same office or bureau, in which event the employment or retention therein of both husband and wife may
be allowed.
BAR 2019 IN FOCUS: NEPOTISM

Under the definition of nepotism, one is guilty of nepotism if an appointment is issued in favor of a
relative within the third civil degree of consanguinity or affinity of any of the following:
a. appointing authority;
b. recommending authority;
c. chief of the bureau or office, and d. person exercising immediate supervision over the appointee.
In the last two mentioned situations, it is immaterial who the appointing or recommending authority is.
To constitute a violation of the law, it suffices that an appointment is extended or issued in favor of a
relative within the third civil degree of consanguinity or affinity of the chief of the bureau or office, or the
person exercising immediate supervision over the appointee.’ [CSC v. Dacoycoy, April 29, 1999]
“
E. RIGHTS AND LIABILITIES OF PUBLIC OFFICERS
Norms of conduct of all public officials or employee

a) Commitment to public interest.
(b) Professionalism.
(c) Justness and sincerity.

(d) Political neutrality.
(e) Responsiveness to the public.
(f) Nationalism and patriotism.
(g) Commitment to democracy.
(h) Simple living.
Failure to abide by the norms of conduct under Section 4(A)(b) of R.A. No. 6713, in relation to its
implementing rules, is not a ground for disciplinary action. under the mandated incentives and rewards
system, officials and employees who comply with the high standard set by law would be rewarded. Those
who fail to do so cannot expect the same favorable treatment. However, the Implementing Rules does not
provide that they will have to be sanctioned for failure to observe these norms of conduct. [Samson v.
Restrivera, March 28, 2011 citing Domingo v. Ombudsman, January 30, 2009]
Personnel Actions
All appointments in the career service shall be made only according to merit and fitness, to be determined
as far as practicable by competitive examinations. A non-eligible shall not be appointed to any position in
the civil service whenever there is a civil service eligible actually available for and ready to accept
appointment. [Section 26, Chapter 5, Title 1, Book V, E.O. 292]
Transfer v. Promotion
Transfer Promotion
A transfer is a "movement from one position to Promotion is the "advancement from one position
another which is of equivalent rank, level and to another with an increase in duties and
salary, without break in service." responsibilities as authorized by law, and is
usually accompanied by an increase in salary"
[Divinagracia v. Sto. Tomas, May 1995]
General Rule on Transfer: A transfer that results in promotion or demotion, advancement or reduction or
a transfer that aims to "lure the employee away from his permanent position," cannot be done without the
employees' consent. For that would constitute removal from office. Indeed, no permanent transfer can
take place unless the officer or employee is first removed from the position held, and then appointed to
another position. [Divinagracia v. Sto. Tomas, May 1995]
Exceptions:
(1) Where the appointment does not indicate a specific station, an employee may be transferred or
assigned provided the transfer affects no substantial change in title, rank and salary
(2) a transfer carried out under a specific statute that empowers the head of an agency to periodically
reassign the employees and officers in order to improve the service of the agency
(3) transfer or reassignment of an officer pending the determination of an administrative charge against
him; or to the transfer of an employee, from his assigned station to the main office, effected in good faith
and in the interest of the service. [Divinagracia v. Sto. Tomas, May 1995]
F. DE FACTO VS. DE JURE OFFICERS

De facto officer De jure officer
One who has the reputation of being the officer he A de jure officer is one who has the lawful right to
assumed to be and yet is not a good officer in the office in all respects, but has either been
point of law. He assumes office by a color of right ousted from it, or has never actually taken
or general acquiescence by the public but there is possession of it.
a technical defect in his title to the office.
Conditions and elements of de facto officership:

1) There must be a de jure office;
2) There must be color of right or general acquiescence by the public; and
3) There must be actual physical possession of the office in good faith
[Tuanda v. Sandiganbayan, October 17, 1995]
IX. ADMINISTRATIVE LAW
A. GENERAL PRINCIPLES
Ang Tibay doctrine: Requisites for administrative due process

1. Accused has the right to a hearing, which includes the right of the party interested or
affected to present his own case and submit evidence in support thereof.
2. Party must be given an opportunity to present his case and adduce evidence tending to
establish the rights he asserts. The tribunal must also consider the evidence presented.
3. The duty to deliberate does not impose the obligation to decide correctly, but it imposes
upon the tribunal the duty to show that it has something to support its decision. A decision
with absolutely nothing to support it is a nullity.
4. Evidence to support the finding/conclusion must be substantial.
5. The decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected.
6. The tribunal or any of its judges must act on its or his own independent consideration
of the law and facts of the controversy, and not simply accept a subordinate’s views in arriving at a
decision.
7. In all controversial questions, the tribunal must render its decision in such a manner that the
parties to the proceeding can know the various issues involved, and the reasons for the decisions
rendered.
Kind of proceedings Administrative Judicial
Nature of proceedings Inquisitorial Adversarial
Rules of procedure Liberally applied Follow technical rules in the

Rules of Court
Nature and extent of decision Decision limited to matters of Decision includes matters
general concern brought as issue by the parties

Parties The agency itself may be a party The parties are the only private
to the proceedings before it litigants
B. POWERS OF ADMINISTRATIVE AGENCIES
No Denial Of Due Process In Administrative Proceedings Where One Is Accorded The Opportunity
To Be Heard, Either Through Oral Arguments Or Pleadings
In administrative proceedings, due process simply means the opportunity to explain one's side or the
opportunity to seek a reconsideration of the action or ruling complained of. “To be heard” does not mean
only verbal arguments in court; one may also be heard thru pleadings. Where opportunity to be heard,
either through oral arguments or pleadings, is accorded, there is no denial of procedural due process.
[Disciplinary Board, Land Transportation Office vs. Gutierrez G.R. No. 224395; July 3, 2017]
Inclusion Of New Findings Which Were Not In The Original Complaint Violates The Right Of The
Accused To Administrative Due Process
Administrative due process demands that the party being charged is given an opportunity to be heard.
Due process is complied with "if the party who is properly notified of allegations against him or her is
given an opportunity to defend himself or herself against those allegations, and such defense was
considered by the tribunal in arriving at its own independent conclusions. [Iglesias vs. Office of the
Ombudsman G.R. No. 180745; August 30, 2017]
Due Process In Administrative Proceedings Requires That A Party Is Duly Notified Of The
Allegations Against Him
Due process in administrative proceedings does not require the submission of pleadings or a trial-type of
hearing. However, due process requires that a party is duly notified of the allegations against him or her
and is given a chance to present his or her defense. [Pilipinas vs Commission on Audit G.R. No. 213581;
September 19, 2017]
Absence Of Formal Hearing In Administrative Proceedings Is Acceptable Only When The Party
Does Not Invoke It Or Waives The Same
The right to a hearing is a right which may be invoked by the parties to thresh out substantial factual
issues. While the absence of a formal hearing does not necessarily result in the deprivation of due
process, it should be acceptable only when the party does not invoke the said right or waives the same.
[Saunar vs. Ermita G.R. No. 186502; December 13, 2017]
C. DOCTRINES OF PRIMARY JURISDICTION AND EXHAUSTION OF ADMINISTRATIVE REMEDIES
Doctrine of Exhaustion of Doctrine of Primary

Administrative Remedies Administrative Jurisdiction
Jurisdiction of court Appellate Concurrent original jurisdiction

with administrative body

Ground for non-exercise of Exhaustion of administrative The court yields to the
jurisdiction remedies is a condition jurisdiction of the
precedent. administrative agency because
of its specialized knowledge or
expertise.
Court action Dismiss Suspend judicial action
Exhaustion of administrative remedies

Applies where a claim is cognizable in the first instance by an administrative agency alone. Judicial
interference shall be withheld until the administrative process has been completed. It is also only
applicable to the judicial review power of administrative agencies and not to its rulemaking power (Holy
Spirit Homeowner’s Association, Inc. v. Defensor. G.R. No. 163980, August 3, 2006).
Exceptions to the Doctrine of Exhaustion of Administrative Remedies

1. Purely legal questions. [Castro v. Secretary (2001)]
2. Steps to be taken are merely matters of form. [Pascual v. Provincial Board (1959)]
3. Administrative remedy not exclusive but merely cumulative or concurrent to a judicial
remedy. [Pascual v. Provincial Board (1959)]
4. Validity and urgency of judicial action or intervention. [Paat v. CA (1997)]
5. No other plain, speedy, adequate remedy in the ordinary course of the law.[Paat v. CA
(1997); Information Technology Found’n v. COMELEC (2004)]
6. Resort to exhaustion will only be oppressive and patently unreasonable. [Paatv. CA (1997);
Cipriano v.Marcelino (1972)]
7. Where the administrative remedy is only permissive or voluntary and not a prerequisite to
the institution of judicial proceedings. [Corpuz v.Cuaderno (1962)]
8. Application of the doctrine will only cause great and irreparable damage which cannot be
prevented except by taking the appropriate court action. [Paat v. CA (1997); Ciprianov.Marcelino
(1972)]
9. When it involves the rule-making or quasi-legislative functions of an administrative
agency.[Smart v. NTC (2003)]
10. Administrative agency is in estoppel. [Republic v.Sandiganbayan (1996)]
11. Doctrine of qualified political agency
12. Subject of controversy is private land in land case proceedings. [Paat v. CA (1997)]
13. Blatant violation of due process. [Paat v. CA (1997); Pagara v. CA]
14. Where there is unreasonable delay or official inaction. [Republic v. Sandiganbayan (1996)]
15. Administrative action is patently illegal amounting to lack or excess of jurisdiction. [Paat v. CA
(1997)]
16. Resort to administrative remedy will amount to a nullification of a claim.[DAR v. Apex
Investment (2003); Paat v. CA (1997)]
17. No administrative review provided for by law. [Estrada v. CA (2004)]
18. Issue of non-exhaustion of administrative remedies rendered moot. [Estrada v. CA (2004)]
19. In quo warranto proceedings. [Corpus v. Cuaderno (1962)]
20. Law expressly provides for a different review procedure. [Samahang Magbubukid v. CA
(1999)]
Legislative Rules Interpretative Rules

Promulgated pursuant to its quasi-legislative/ Passed pursuant to its quasi-judicial capacity.
rule-making functions.
Create a new law, a new policy, with the force Merely clarify the meaning of a pre-existing law by
and effect of law.  inferring its implications.
Need publication. Need not be published.
So long as the court finds that the legislative The court may review the correctness of the
rules are within the power of the administrative interpretation of the law given by the administrative
agency to pass, as seen in the primary law, body, and substitute its own view of what is correct. If it
then the rules bind the court. The court cannot is not within the scope of the administrative agency,
question the wisdom or correctness of the court can only invalidate the same but not substitute its
policy contained in the rules. decision or interpretation or give its own set of rules.
Due process means that the body observed Due process involves whether the parties were
the proper procedure in passing rules. afforded the opportunity to be notified and heard
before the issuance of the ruling.
Concurrence Of Jurisidiction Of The SC, CA And RTC For The Issuance Of Extraordinary Writs
Does Not Grant A Party The Freedom To Choose Where The Petition Should Be Filed
The Supreme Court, the CA and the RTC have original concurrent jurisdiction to issue writs of certiorari,
prohibition and mandamus. The concurrence of jurisdiction, however, does not grant the party seeking
any of the extraordinary writs the absolute freedom to file a petition in any court of his choice. Accordingly,
a direct invocation of the Supreme Court's original jurisdiction to issue these writs should be allowed only
when there are special and important reasons therefor, clearly and specifically set out in the petition.
[Lanao Del Norte Electric Cooperative, Inc. vs. Provincial Government of Lanao G.R. No. 185420; August
29, 2017]
Strict Application Of The Doctrine Of Exhaustion Of Administrative Remedies Will Be Set Aside
When Requiring It Would Only Be Unreasonable
Under the doctrine of exhaustion of administrative remedies, the concerned administrative agency must
be given the opportunity to decide a matter within its jurisdiction before an action is brought before the
courts, otherwise, the action will be declared premature, subject to certain exceptions. [Department of
Public Works and Highways vs. CMC/Monark/Pacific/Hi-Tri Joint Venture G.R. No. 179732; September
13, 2017]
Appeals From Decisions Of The Hlurb-Boc Should Be Made To The Office Of The President
Pursuant To The Doctrine Of Exhaustion Of Administrative Remedies
Case law states that concomitant to a liberal interpretation of the rules of procedure should be an effort on
the part of the party invoking liberality to adequately explain his failure to abide by the rules. The doctrine
states that "where strong considerations of substantive justice are manifest in the petition, the strict
application of the rules of procedure may be relaxed, in the exercise of its equity jurisdiction." [Lefebre vs
A. Brown Company, Inc. G.R. No. 224973; September 27, 2017]
X. ELECTION LAW

A. SUFFRAGE
Suffrage
Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at
least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the
place wherein they propose to vote, for at least six months immediately preceding the election. [Sec.1,
Art. V, 1987 Const.]
No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
[Sec.1, Art. V, 1987 Const.]
B. CANDIDACY
Party-list system
The party-list system is composed of three different groups: (1) national parties or organizations; (2)
regional parties or organizations; and (3) sectoral parties or organizations. National and regional parties
or organizations are different from sectoral parties or organizations. National and regional parties or
organizations need not be organized along sectoral lines and need not represent any particular sector.
[Atong Paglaum, Inc. v COMELEC, April 2, 2013]
Atong Paglaum guidelines

1. Three different groups may participate in the party-list system: (1) national parties or
organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to

organize along sectoral lines and do not need to represent any "marginalized and
underrepresented" sector.
3. Political parties can participate in party-list elections provided they register under the
party-list system and do not field candidates in legislative district elections. A political party,
whether major or not, that fields candidates in legislative district elections can participate in
party-list elections only through its sectoral wing that can separately register under the party-list
system. The sectoral wing is by itself an independent sectoral party, and is linked to a political
party through a coalition.
4. Sectoral parties or organizations may either be "marginalized and underrepresented" or

lacking in "well-defined political constituencies." It is enough that their principal advocacy
pertains to the special interest and concerns of their sector. The sectors that are "marginalized
and underrepresented" include labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and overseas workers. The sectors that lack "well-defined
political constituencies" include professionals, the elderly, women, and the youth.
5. A majority of the members of sectoral parties or organizations that represent the

"marginalized and underrepresented" must belong to the "marginalized and underrepresented"
sector they represent. Similarly, a majority of the members of sectoral parties or organizations
that lack "well-defined political constituencies" must belong to the sector they represent. The
nominees of sectoral parties or organizations that represent the "marginalized and
underrepresented," or that represent those who lack "well-defined political constituencies," either

must belong to their respective sectors, or must have a track record of advocacy for their
respective sectors. The nominees of national and regional parties or organizations must be
bona-fide members of such parties or organizations.
6. National, regional, and sectoral parties or organizations shall not be disqualified if some of
their nominees are disqualified, provided that they have at least one nominee who remains
qualified.
Effect of filing of candidacy

Any person holding a public appointive office or position, including active members of the Armed Forces
of the Philippines, and officers and employees in government-owned or -controlled corporations, shall be
considered ipso facto resigned from his office upon the filing of his certificate of candidacy. [Quinto v.
COMELEC, Fenruary 22, 2010]
Premature Campaigning
It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of
persons, to engage in an election campaign or partisan political activity except during the campaign
period: Provided, That political parties may hold political conventions or meetings to nominate their
official candidates within thirty days before the commencement of the campaign period and forty-five
days for Presidential and Vice-Presidential election. [OEC, Sec. 80]
Essential elements for violation of Sec. 80 OEC:

(1) person engages in an election campaign or partisan political activity
(2) act is designed to promote the election or defeat of a particular candidate/s and
(3) act is done outside the campaign period
C. REMEDIES AND JURISDICTION
Sec. 68 Sec. 78
Nature Petition for Disqualification Petition to Deny Due Course To

or Cancel a Certificate of
Candidacy
What Must be Filed verified petition verified petition

Grounds Any candidate who, in an action Exclusive: when any material
or protest in which he is a party representation contained in the
is declared by final decision of a COC as required under Section
competent court guilty of, or 74
found by the Commission of of OEC is false
having
a. given money or
other material consideration to
influence, induce or corrupt the
voters or public officials
performing electoral functions;
b. committed acts of
terrorism to enhance his
candidacy;
c. spent in his
election campaign an amount in
excess of that allowed by this
Code;
d. solicited, received
or made any contribution
prohibited under Sections 89,
95, 96, 97 and 104; or e.
violated any of Sections 80, 83,
85, 86 and 261, paragraphs d, e,
k, v, and cc, subparagraph 6,
shall be disqualified from
continuing as a candidate, or if
he has been elected, from
holding the office. Any person
who is a permanent resident of
or an immigrant to a foreign
country shall not be qualified to
run for any elective
office under this Code, unless

said person has waived his
status as permanent resident or
immigrant of a foreign country in
accordance with the residence
requirement provided for in the
election laws.

When Must it be Filed any day after the last day for within five (5) days from the last
filing of certificates of candidacy day for filing of certificate of
but not later than the date of candidacy; but not later than
proclamation twenty five (25) days from the
time of filing of the certificate of
candidacy subject of the
Petition. In case of a substitute
candidate, the Petition must be
filed within five (5) days from the
time the substitute candidate
filed his certificate of candidacy.
Where Must it be Filed in the place where the certificate in the place where the certificate
of candidacy subject of the of candidacy subject of the
Petition was filed or at the Office Petition was filed or at the Office
of the Clerk of the Commission. of the Clerk of the Commission.
Who may File Any registered voter or any duly by any registered voter or a duly
registered political party, registered political party,
organization or coalition of organization, or coalition of
political parties political parties
Effect on Candidacy (if person who is disqualified under person whose certificate is
granted) Section 68 is merely prohibited cancelled or denied due course
to continue as a candidate, under Section 78 is not treated
as a candidate at all, as if
he/she never filed a CoC.
May be substituted? Yes No
Effect on Votes Garnered (if the votes cast for the candidate the votes cast for the candidate
granted) whose certificate of candidacy whose certificate of candidacy
has been cancelled or denied has been cancelled or denied
due course shall be deemed as due course shall be deemed as
stray votes stray votes
Prior Finding Of Disqualification Is Not Necessary

A prior court judgment is not required before the remedy under Sec. 68 of the OEC can prosper. This is
highlighted by the provision itself, which contemplates of two scenarios: first, there is a final decision by a
competent court that the candidate is guilty of an election offense and second, it is the Commission itself
that found that the candidate committed any of the enumerated prohibited acts.
The COMELEC's adjudicative function over election contests is quasi-judicial in character. In adjudicating
the rights of persons before it, the COMELEC is not just empowered but is in fact required to investigate
facts or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them
as basis for their official action and exercise of discretion in a judicial nature. [Francisco vs. COMELEC
G.R. No. 230249; April 24, 2018]

XI. LOCAL GOVERNMENTS
A. PRINCIPLES OF LOCAL AUTONOMY
Fiscal Autonomy
General Rule: LGUs, in addition to having administrative autonomy in the exercise of their functions, enjoy
fiscal autonomy as well. Fiscal autonomy means that local governments have the power to create their own
sources of revenue in addition to their equitable share in the national taxes released by the national
government, as well as the power to allocate their resources in accordance with their own priorities. It extends
to the preparation of their budgets, and local officials in turn have to work within the constraints thereof.
[Pimentel v. Aguirre, July 2000]
Exceptions: National Gov’t Supervision

Local fiscal autonomy does not rule out any manner of national government intervention by way of
supervision, in order to ensure that local programs, fiscal and otherwise, are consistent with national goals.
There are several requisites before the President may interfere in local fiscal matters: (1) an unmanaged
public sector deficit of the national government; (2) consultations with the presiding officers of the Senate and
the House of Representatives and the presidents of the various local leagues; and (3) the corresponding
recommendation of the secretaries of the Department of Finance, Interior and Local Government, and Budget
and Management. Furthermore, any adjustment in the allotment shall in no case be less than thirty percent
(30%) of the collection of national internal revenue taxes of the third fiscal year preceding the current one.”
[Pimentel v. Aguirre, July 2000]
The only possible exception to the mandatory automatic release of the LGUs IRA is if the national internal
revenue collections for the current fiscal year is less than 40 percent of the collections of the preceding third
fiscal year, in which case what should be automatically released shall be a proportionate amount of the
collections for the current fiscal year. The adjustment may even be made on a quarterly basis depending on
the actual collections of national internal revenue taxes for the quarter of the current fiscal year. [Province of
Batangas v. Romulo, May 27, 2004]
Court suspension the automatic release of the IRA under Section 286 is a mandate to the national
government through the Department of Budget and Management to effect automatic release of the said funds
from the treasury directly to the local government unit, free from any holdbacks or liens imposed by the
national government. However, this automatic release of the IRA from the national treasury does not prevent
the proper court from deferring or suspending the release thereof to particular local officials when there is a
legal question presented in the court pertaining to the rights of the parties to receive the IRA or to the
propriety of the issuance of a TRO or a preliminary injunction while such rights are still being determined.
[Sampiano v. Indar, December 21, 2009)

B. AUTONOMOUS REGIONS AND THEIR RELATION TO THE NATIONAL GOVERNMENT
The President shall exercise general supervision over autonomous regions to ensure that laws are
faithfully executed. [Sec. 16, Art. X]
All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous
regions shall be vested in the National Government. [Sec. 17, Art. X]
An autonomous region is created via the enactment of an organic act by Congress with participation of
the regional consultative commission. The organic act shall:
● Define the basic structure of government for the region consisting of the executive department
and legislative assemblies, both of which shall be elective and representative of the constituent
political units; and,
● Provides for special courts with personal, family, and property law jurisdiction [Sec. 18, Art. X,
Constitution].
The Constitution provides for political autonomy (and not merely administrative autonomy) for
autonomous regions [Cordillera Broad Coalition v. COA, G.R. No. 79956 (1990)].
An autonomous region is considered a form of local government in Section 1, Article X of the

Constitution.
From the perspective of the Constitution, autonomous regions are considered one of the forms of local
governments, as evident from Article X of the Constitution entitled “Local Government.” Autonomous
regions are established and discussed under Sections 15 to 21 of this Article—the article wholly devoted
to Local Government. That an autonomous region is considered a form of local government is also
reflected in Section 1, Article X of the Constitution [Kida v. Senate, G.R. No. 196271 (2011)].
The organic act of autonomous regions shall provide for legislative powers over:
● Administrative organization;
● Creation of sources of revenues;
● Ancestral domain and natural resources;
● Personal, family, and property relations;
● Regional urban and rural planning development;
● Economic, social, and tourism development;
● Educational policies;
● Preservation and development of cultural heritage; and
● Such other matters as may be authorized by law for the promotion of the general welfare of the
people of the region [Sec. 20, Art. X, Constitution].
1. POWERS OF LGUs
a. Police power (general welfare clause)
The police power of a municipal corporation extends to all great public needs, and includes all
legislation and functions of the municipal government. The drift is towards social welfare legislation
geared towards state policies to provide adequate social services, the promotion of general welfare,
and social justice [Binay v. Domingo, G.R. No. 92389 (1991)].

Two Branches of General Welfare Clause
1. General legislative power – Authorizes municipal councils to enact ordinances and make
regulations not repugnant to law and may be necessary to carry into effect and discharge the
powers and duties conferred upon it by law
2. Police power proper – Authorizes the municipality to enact ordinances as may be proper
and necessary for the health and safety, prosperity, morals, peace, good order, comfort and
convenience of the municipality and its inhabitants, and for the protection of their property
[Fernando v. St. Scholastica’s College, G.R. No. 161107 (2013)].
b. Eminent domain
It is the government's right to appropriate, in the nature of a compulsory sale to the State,
private property for public use or purpose. Inherently possessed by the national legislature,
the power of eminent domain may be validly delegated to local governments, other public
entities and public utilities [Moday v. CA, G.R. No. 107916 (1993)].
Requisites for the Exercise of Eminent Domain by an LGU

a. An ordinance is enacted by the local legislative council authorizing the local chief
executive, in behalf of the local government unit, to exercise the power of eminent
domain or pursue expropriation proceedings over a particular private property;
b. The power is exercised for public use, purpose or welfare, or for the benefit of the poor
and the landless;
i. Public Use, Purpose, or Welfare: Very foundation of the right to exercise eminent
domain is a genuine necessity and that necessity must be of a public character.
Moreover, the ascertainment of the necessity must precede or accompany and not
follow, the taking of the land. Necessity does not mean an absolute, but only a
reasonable or practical necessity, such as would combine the greatest benefit to
the public with the least inconvenience and expense to the condemning party and
the property owner consistent with such benefit. [Masikip v. City of Pasig, G.R. No.
136349, 2006]
c. There is payment of just compensation based on the fair market value of the property at
the time of taking; and
i. Just Compensation:"Just compensation," therefore, means a fair and full equivalent
for the loss sustained [The City of Manila v. Estrada, G.R. No. 7749 (1913)].
d. A valid and definite offer was previously made to the owner of the property, but the offer
was not accepted [Heirs of Suguitan v. City of Mandaluyong, G.R. No. 135087 (2000)].
c. Taxing power
Fundamental Principles regarding Taxation of LGU:
1. Taxation shall be uniform;
2. Taxes, fees, and charges:
a. Shall be equitable and based as far as practicable on the taxpayer's ability to pay;
b. Shall be levied and collected only for a public purpose;
c. Shall not be unjust, excessive, oppressive, or confiscatory; and
d. Shall not be contrary to law, public policy, national economic policy, or in restraint of
trade;

3. Collection shall in no case be left to any private person;
4. Revenue shall inure solely to the benefit of the levying LGU, unless otherwise specified;
and
5. Each LGU shall, as far as practicable, evolve a
progressive system of taxation [Sec. 130, LGC]
Withdrawal or Local Tax Exemption Privileges:

Unless otherwise provided in the LGC, tax exemptions or incentives granted to, or enjoyed by
all persons, whether natural or juridical, including government- owned or -controlled
corporations were withdrawn upon the effectivity of the LGC [Sec. 193, LGC].
d. Legislative power
REQUISITES FOR A VALID ORDINANCE
FORMAL REQUISITES SUBSTANTIVE REQUISITES
1. Enacted within the corporate powers of 1. It must not contravene the Constitution or any
the local government unit, and statute;
2. Passed according to procedure 2. It must be fair, not oppressive;
prescribed by law 3. It must not be partial or discriminatory;
4. It must not prohibit but may regulate trade
5. It must be general and consistent with public
policy
6. It must not be unreasonable
Local initiative and referendum

LOCAL INITIATIVE
Initiative has been described as an instrument of direct democracy whereby the citizens directly
propose and legislate laws as it is the citizens themselves who legislate the laws, direct legislation
through initiative (along with referendum) is considered as an exercise of original legislative power, as
opposed to that of derivative legislative power which has been delegated by the sovereign people to
legislative bodies such as the congress [Marmeto v. COMELEC, G.R. No. 213953 (2017)].
LOCAL REFERENDUM
Legal process whereby the registered voters of the local government unit may approve, amend,
or reject any ordinance enacted by the Sanggunian. It shall be held under the direction of COMELEC
within 60 days in case of provinces and cities, 45 days in case of municipalities and 30 days in case of
barangays [Sec. 126].
INITIATIVE v. REFERENDUM
Initiative Referendum
How initiated Initiated by the people directly. Law-making body submits matter to
the registered voters of its territorial
jurisdiction.

Object / Purpose To legislate, because the To approve or reject any ordinance
law-making body fails or refuses to or resolution which is duly enacted
enact the ordinance or resolution or approved by such lawmaking
that they desire or because they authority.
want to amend or modify one
already existing.
Role of Legislature No role [except for unfavorable Legislative. A referendum consists

action on the petition submitted to merely of the electorate approving
it]. Initiative is a process of law- or rejecting what has been drawn
making by the people themselves up or enacted by a legislative body.
without the participation and [SBMA v. COMELEC, G.R. No.
against the wishes of their elected 125416 (1996)]
representatives.
2. LIABILITY
STATUTORY LIABILITY
Sec. 24, LGC. Liability for Damages. – Local government units and their officials are not exempt
from liability for death or injury to persons or damage to property.
Art. 34, Civil Code. When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace officer shall be primarily
liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil
action herein recognized shall be independent of any criminal proceedings, and a preponderance of
evidence shall suffice to support such action.
Art. 2180, Civil Code. The obligation imposed by article 2176 is demandable not only for one's own
acts or omissions, but also for those of persons for whom one is responsible…
The State is responsible in like manner when it acts through a special agent; but not when the
damage has been caused by the official to whom the task done properly pertains, in which case
what is provided in article 2176 shall be applicable...
The responsibility treated of in this article shall cease when the persons herein mentioned prove that
they observed all the diligence of a good father of a family to prevent damage.
Art. 2189, Civil Code. Provinces, cities and municipalities shall be liable for damages for the death
of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges,
public buildings, and other public works under their control or supervision.
CONTRACTUAL LIABILITY
General Rule: The LGU is liable only for contracts that are validly entered into.
Exception: The Doctrine of Implied Municipal Liability provides that an LGU may become obligated
upon an implied contract to pay reasonable value of the benefits accepted by it as to which it has the

general power to contract [Province of Cebu v. IAC, G.R. No. 72841 (1987), on the hiring of a private
counsel by the governor which was not repudiated by the provincial board]
PERSONAL LIABILITY OF THE PUBLIC OFFICIAL

The public official is personally liable for damages
a. In contracts and torts, if he acts:
1. Beyond the scope of his powers; or
2. With bad faith [Rivera v. Maclang, G.R. No. L-15948 (1963)]; and
b. For his refusal or neglect, without justifiable cause, to perform his official duty. [Art. 27, Civil
Code]
c. Municipal Mayor and Vice Mayor were held liable for backwages for illegally dismissing a
Sanggunian Secretary [Campol v. Balao-as and Sianen, G.R. No. 197634, (2016)].
Liability of public officials for ultra vires acts: While a municipality cannot be bound by a contract
which is void for being ultra vires, “case law states that the [officers] who authorized the same can
be held personally accountable for acts claimed to have been performed in connection with official
duties where
they have acted ultra vires” [See Land Bank v. Cacayuran, G.R. No. 191667 (2013)].
3. SETTLEMENT OF BOUNDARY DISPUTES
Amicable Settlement
Boundary disputes between and among local government units shall, as much as possible, be
settled amicably [Sec. 118, LGC].
4. RECALL
Sec. 69, LGC. By Whom Exercised. – The power of recall for loss of confidence shall be exercised
by the registered voters of a local government unit to which the local elective official subject to such
belongs.
Ground for Loss of confidence [Sec. 69, LGC]

recall
Right given to Registered voters of a LGU to which the local elective official subject to recall
belongs [Sec. 69, LGC’

Initiation of ●
recall process By a petition of a registered voter supported by:
○ 25% of registered voters if LGU has voting population of not

more than 20,000.
○ 20% of registered voters if LGU has voting population of
20,000 to 75,000. In no case shall petitioners be less than
5,000.
○ 15% of registered voters if LGU has voting population of
75,000 to 300,000. In no case shall petitioners be less than
15,000.
○ 10% of registered voters if LGU has voting population of more
than 300,000. In no case shall petitioners be less than
45,000. [Sec. 70, LGC]
When recall Barangay, city, or municipal officials: not later than 30 days from completion
election is held Provincial officials: not later than 45 days from completion [Sec. 71, LGC]
Effects to Automatically considered as candidate and is entitled to be voted upon [Sec.
official sought 71, LGC]
to be recalled Not allowed to resign while recall process is in progress [Sec. 73, LGC]
Effectivity of Upon election and proclamation of a successor or the candidate receiving the
recall highest number of votes cast during the election on recall [Sec. 72, LGC]
5. TERM LIMITS
The term limit for elective local officials must be taken to refer to the right to be elected as well as the
right to serve in the same elective position. Consequently, it is not enough that an individual has
served three consecutive terms in an elective local office, he must also have been elected to the
same position for the same number of times before the disqualification can apply. (Borja vs Comelec,
1998)
Rules in the Application of the three-term limit
1. When a permanent vacancy occurs in an elective position and the official merely assumed the position
pursuant to the rules on succession under the LGC, then his service for the unexpired portion of the term of
the replaced official cannot be treated as one full term as contemplated under the subject constitutional and
statutory provision that service cannot be counted in the application of any term limit (Borja, Jr.). If the official
runs again for the same position he held prior to his assumption of the higher office, then his succession to
said position is by operation of law and is considered an involuntary severance or interruption (Montebon).
2. An elective official, who has served for three consecutive terms and who did not seek the elective position
for what could be his fourth term, but later won in a recall election, had an interruption in the continuity of the
official’s service. For, he had become in the interim, i.e., from the end of the 3rd term up to the recall election,
a private citizen (Adormeo and Socrates).
3. The abolition of an elective local office due to the conversion of a municipality to a city does not, by itself,

work to interrupt the incumbent official’s continuity of service (Latasa).
4. Preventive suspension is not a term-interrupting event as the elective officer’s continued stay and
entitlement to the office remain unaffected during the period of suspension, although he is barred from
exercising the functions of his office during this period (Aldovino, Jr.).
5. When a candidate is proclaimed as winner for an elective position and assumes office, his term is
interrupted when he loses in an election protest and is ousted from office, thus disenabling him from serving
what would otherwise be the unexpired portion of his term of office had the protest been dismissed
(Lonzanida and Dizon). The break or interruption need not be for a full term of three years or for the major
part of the 3-year term; an interruption for any length of time, provided the cause is involuntary, is sufficient to
break the continuity of service (Socrates, citing Lonzanida).
6. When an official is defeated in an election protest and said decision becomes final after said official had
served the full term for said office, then his loss in the election contest does not constitute an interruption
since he has managed to serve the term from start to finish. His full service, despite the defeat, should be
counted in the application of term limits because the nullification of his proclamation came after the expiration
of the term (Ong and Rivera). (Abundo vs COMELEC, 2013)
XII. NATIONAL ECONOMY AND PATRIMONY
A. REGALIAN DOCTRINE
Sec. 2, Art. XII. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other natural
resources shall not be alienated.
● Classification of public lands is an exclusive prerogative of the Executive Department through the
Office of the president [Republic v. Register of Deeds of QC, G.R No. 73974, (1995) ]
● Doctrine of Native Title: Ownership over native title is already vested on natives even if they do not
have formal titles. [Cariño v. Insular Gov’t, 212 U.S. 449 (1909)]
B. NATIONALIST AND CITIZENSHIP REQUIREMENT PROVISIONS
Filipino Citizens, or 100% Filipino Citizens, or 60- 40 Filipino Corporations Filipino Citizens, or
Filipino Corporations 70-30 Filipino
Corporations
Use and enjoyment of marine Co-production, Joint venture, and Production Engagement in
wealth, exclusive to Filipino sharing agreements over natural resources advertising
citizens [Art. XII, Sec. 2, par. 2] [Art. XII, Sec. 2(1)] Agreements shall not Industry [Art. XVI,
exceed a period of 25 years renewable for Sec. 11]
another 25 years

Rules on agricultural lands Educational Institutions [Art. XIV, Sec. 4(2)]
(Art. XII, Sec. 3) Congress may increase Filipino equity
(1) Citizens may lease only < participation.
500 ha. (2) Citizens may
acquire by purchase,
homestead or grant only < 12
ha.
Practice of professions, save Areas of Investment as Congress may

in cases provided by law [Art. prescribe (Congress may prescribe a higher
XII, Sec. 14(2)] percentage) [Art. XII, Sec. 10]
Small-scale utilization of Operation of public utilities [Art. XII, Sec. 11] o

natural resources, as may be Cannot be for longer period than 50 years o
provided by law [Art. XII, Sec. Executive and managing officers must be
2(3)] Filipino
Filipino First
Art. XII, Sec. 10. In the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos. The State shall regulate and exercise
authority over foreign investments within its national jurisdiction and in accordance with its national goals
and priorities.
The term “patrimony” pertains to heritage, and given the history of the Manila Hotel, it has become a part
of our national economy and patrimony. Thus, the Filipino First policy provision of the Constitution is
applicable. Such provision is per se enforceable, and requires no further guidelines or implementing rules
or laws for its operation [Manila Prince Hotel v. GSIS, G.R. No. 122156 (1997)].
The Constitution does not impose a policy of Filipino monopoly of the economic environment. It does not
rule out the entry of foreign investments, goods, and services. While it does not encourage their unlimited
entry into the country, it does not prohibit them either. In fact, it allows an exchange on the basis of
equality and reciprocity, frowning only on foreign competition that is unfair. The key, as in all economies in
the world, is to strike a balance between protecting local businesses and allowing the entry of foreign
investments and services. [Tañada v. Angara, G.R No. 118295 (1997)]
Art. XII, Sec. 12. The State shall promote the preferential use of Filipino labor, domestic materials and
locally produced goods, and adopt measures that help make them competitive.
C. EXPLORATION, DEVELOPMENT, AND UTILIZATION OF NATURAL RESOURCES
Par. 4, Sec. 2, Art. XII. The President may enter into agreements with foreign-owned corporations
involving either technical or financial assistance for large-scale exploration, development, and utilization
of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by
law, based on real contributions to the economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of local scientific and technical resources.

The State, being the owner of the natural resources, is accorded the primary power and responsibility in
the exploration, development and utilization thereof. As such it may undertake these activities through
four modes:
1. The State may directly undertake such activities;
2. The State may enter into co-production, joint venture or production-sharing agreements with
Filipino citizens or qualified corporations;
3. Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens; or
4. For the large-scale exploration, development and utilization of minerals, petroleum and other
mineral oils, the President may enter into agreements with foreign-owned corporations involving
technical or financial assistance [La Bugal B’Laan v. Ramos, G.R. No. 127882 (Jan. 2004)].
The following are valid:

1. Financial and Technical Assistance Agreements (FTAA): not a prohibited agreement in the
contemplation of the Constitution
2. Philippine Mining Law (RA 7942)
3. Its Implementing Rules and Regulations, insofar as they relate to financial and technical
agreements [La Bugal-B’laan Tribal Assn. v. Ramos, supra (Dec. 2004)]
Requisites for a valid service contract under the Constitution

1. A general law that will set standards or uniform terms, conditions, and requirements
2. The president shall be the signatory for the government
3. Within thirty (30) days of the executed agreement, the President shall report it to Congress [La
Bugal- B’laan Tribal Assn. v. Ramos, supra (Dec. 2004)].
D. FRANCHISES, AUTHORITY, AND CERTIFICATES FOR PUBLIC UTILITIES

Franchise, certificate or any other form of authorization for the operation of public utilities – ONLY to
citizens of the Philippines, or corporations at least 60% of whose capital is Filipino-owned [Art. VII, Sec.
11].
NATURE OF A FRANCHISE:
1. It is a privilege not a right
2. Shall NOT be exclusive;
3. Shall NOT be for a period of more than 50 years;
4. Shall be subject to amendment, alteration or repeal by Congress [Id.].
Congress does not have the exclusive power to issue franchises. Administrative bodies (i.e. LTFRB,
Energy Regulatory Board) may be empowered by law to do so. [Albano v. Reyes, G.R. No. 83551
(1989)].
What constitutes a public utility is not the ownership but the use to the public. The Constitution requires a
franchise for the operation of public utilities. However, it does not require a franchise before one can own
the facilities needed to operate a public utility so long as it does not operate them to serve the public
[Tatad v. Garcia, G.R. No. 114222], e.g. X Company may own an airline without the need of a franchise.
But in operating an air transport business, franchise is required.

E. ACQUISITION, OWNERSHIP AND TRANSFER OF PUBLIC AND PRIVATE LANDS F. PRACTICE OF
PROFESSIONS
Lands of the Public Domain are classified into:

1. Agricultural Lands
2. Forest or Timber Lands
3. Mineral Lands
4. National Park [Art. XII, Sec. 3]
Alienable lands of the public domain shall be limited to agricultural lands [Sec. 3, Art. XII].
To prove that the land subject of an application for registration is alienable, an applicant must conclusively
establish the existence of a positive act of the government such as a presidential proclamation or an
executive order or a legislative act or statute [Republic v. Candymaker, Inc., G.R. No. 163766 (2006)].
Foreshore land is that part of the land which is between the high and low water, and left dry by the flux
and reflux of the tides. It is part of the alienable land of the public domain and may be disposed of only by
lease and not otherwise [Republic v. Imperial, supra].
Private corporations or associations may not hold such alienable lands of public domain except by lease,
for a period not exceeding 25 years, and not to exceed 1000 hectares in area.
Citizens of the Philippines may lease not more than 500 ha., or acquire not more than 12 hectares thereof
by purchase, homestead, or grant [Sec. 3, Art. XII].
PRIVATE LANDS
General Rule: No private lands shall be transferred or conveyed except to individuals, corporations, or
associations qualified to acquire or hold lands of the public domain [Sec. 7, Art. XII].
Exceptions:
1. Hereditary succession [Art. XII, Sec. 7]
2. A natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law. [Art. XII, Sec. 8]
Sec. 6, Art. XII. The use of property bears a social function, and all economic agents shall contribute to
the common good. Individuals and private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish, and operate economic enterprises, subject
to the duty of the State to promote distributive justice and to intervene when the common good so
demands.
Sec. 6, Art. XIII. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources, including
lands of the public domain under lease or concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

XIV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS
SECTION 4. (2) Educational institutions, other than those established by religious groups and mission
boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty
per centum of the capital of which is owned by such citizens. The Congress may, however, require
increased Filipino equity participation in all educational institutions.
XV. AMENDMENTS OR REVISIONS OF THE CONSTITUTION
A. PROCEDURE TO AMEND OR REVISE THE CONSTITUTION
SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the registered voters therein.
No amendment under this section shall be authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.

XVI. PUBLIC INTERNATIONAL LAW
A. CONCEPTS
Definition
International law is a body of principles, norms and processes which regulates the relations of States
and other international persons, and governs their conduct affecting the interests of the international
community as a whole. [Magallona, Fundamentals of Public International Law, 2005]
BAR 2019 IN FOCUS: HARD LAW v SOFT LAW

“Hard law” is used to designate a norm or rule of conduct accepted and recognized by the international
community of states as a whole, as a source of law binding on them. It produces obligations which
when breached gives rise to international responsibility and, consequently, to reparation.
On the other hand, “soft law” has no binding force and pertains to a statement or declaration of
principles with moral force on the conduct of states but no normative character and without intent to
create enforceable obligations.
Jus Cogens
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general
international law. For the purposes of the present Convention, a peremptory norm of general international
law is a norm accepted and recognized by the international community of States as a whole as a norm
from which no derogation is permitted and which can be modified only by a subsequent norm of general
international law having the same character. (Article 53, Vienna Convention on the Law of Treaties)
It exists when a clear and continuous habit of doing certain things develops under the conviction that
it is obligatory and right. This conviction is called “Opinio Juris”.
Incorporation v Transformation
Under the 1987 Constitution, an international law can become part of the sphere of domestic law
either by transformation or incorporation. The transformation method requires that an international
law be transformed into a domestic law through a constitutional mechanism such as local legislation.
On the other hand, generally accepted principles of international law, by virtue of the incorporation
clause of the Constitution, form part of the laws of the land even if they do not derive from treaty
obligations. Generally accepted principles of international law include international custom as
evidence of a general practice accepted as law, and general principles of law recognized by civilized
nations. (Poe-Llamanzares v. COMELEC, G.R. 221697, 221698-700, March 8, 2016).
Sovereign Immunity
The result of independence territorial supremacy and equality, a state shall enjoy immunity form the
exercise of jurisdiction (either legislative, executive, or judicial) by another state, with the exception
that the state, with the exception that the state has given its consent or in other words, waived its
immunity or submitted voluntarily itself to the jurisdiction of the court concerned.

B. RELATIONSHIP BETWEEN INTERNATIONAL AND NATIONAL LAW
Doctrine of incorporation: The Philippines adopts the generally accepted principles of international law
and international jurisprudence as part of the law of the land and adheres to the policy of peace,
cooperation, and amity with all nations. Howeverm the fact that international law has been made part of
the law of the land does not by any means imply the primacy of international law over national law in the
municipal sphere. Under the doctrine of incorporation as applied in most countries, rules of International
Law are given a standing equal, not superior, to national legislative enactments.
C. SOURCES OF OBLIGATIONS IN INTERNATIONAL LAW

a. international conventions, whether general or particular, establishing rules expressly recognized by
the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations
D. GENERAL PRINCIPLES OF TREATY LAW
BAR 2019 IN FOCUS: PRINCIPLE OF AUTO-LIMITATION

A state may, by its express or implied consent, submit to a restriction of its sovereign rights. There may
thus be a curtailment of what otherwise is a power plenary in character.
E. BASIC PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW

BAR 2019 IN FOCUS: DOCTRINE OF BELLIGERENT OCCUPATION
This doctrine provides that the right of a belligerent state to occupy and govern the territory of the
enemy is one of the incidents of war. It flows directly from the right to conquer.
The municipal laws of a conquered territory, or the laws which regulate private rights, continue in force
during military occupation, except so far as they are suspended or changed by the acts of conqueror.
However, the belligerent state has all the powers of a de facto government, and can at his pleasure
either change existing laws or make new ones.
The conquering state is obliged to respect the municipal laws in force in the country, that is, those laws
which enforce public order and regulate social and commercial life of the country. On the other hand,
laws of a political nature or affecting political relations, such as, among others, the right of assembly,
the right to bear arms, the freedom of the press, and the right to travel freely in the territory occupied,
are considered as suspended or in abeyance during the military occupation.
(Co Kim Cham v Valdez, September 1945)
BAR 2019 IN FOCUS: DOCTRINE OF SUSPENDED ALLEGIANCE

The doctrine of suspended allegiance provides that in a territory occupied by the enemy, all laws of
political complexion of the previous government are suspended and have no binding effect whatsoever
upon the inhabitants in the occupied territory.
This doctrine is not recognized in the Philippines. A citizen owes absolute and permanent allegiance to
the government, and this is not abrogated or severed by the enemy occupation. The sovereignty of the
government or sovereign de jure is not transferred to the occupier. (Laurel v Misa, 1947)

F. LAW OF THE SEA
Territorial sea Contiguous zone Exclusive Economic High seas

Zone
Shall not extend Shall not extend Shall not extend Refers to all parts of the
beyond 12 nautical beyond 24 nautical beyond 200 nautical sea that are not
miles from the baseline miles from the baseline miles from the included in the
(Art. 3, UNCLOS) (Art. 33(2), UNCLOS) baselines. (Art. 57, exclusive economic
UNCLOS) zone, in the territorial
sea or in the internal
waters of a State, or in
the archipelagic waters
of an archipelagic
State.
The coastal state The coastal State may The coastal State has: All states enjoy
exercises full exercise the control freedom of the high
sovereignty, subject to necessary to: (a) sovereign rights for seas, including:
the right of innocent the purpose of (a) freedom of
passage (Art. 18, (a) prevent infringement exploring and navigation;
UNCLOS) of its customs, fiscal, exploiting, conserving (b) freedom of
immigration or sanitary and managing natural overflight;
laws and regulations resources, whether (c) freedom to lay
within its territory or living or non-living, and submarine cables and
territorial sea; with regard to other pipelines, subject to
activities for the Part VI;
(b) punish infringement economic exploitation (d) freedom to construct
of the above laws and and exploration of the artificial islands and
regulations committed zone, such as the other installations
within its territory or production of energy permitted under
territorial sea. (Art. from the water, currents international law
33(1), UNCLOS) and winds; (e) freedom of fishing
(f) freedom of scientific
(b) jurisdiction with research
regard to:
(i) the establishment

and use of artificial
islands, installations
and structures;
(ii) marine scientific

research;
(iii) the protection and

preservation of the
marine environment;
(c) other rights and

duties provided for in
this Convention. (Art.
56(1), UNCLOS)
JURISDICTION IN THE TERRITORIAL SEA
Criminal jurisdiction:
General Rule
The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing
through the territorial sea to arrest any person or to conduct any investigation in connection with any
crime committed on board the ship during its passage
Exception:
Except only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial
sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by
a diplomatic agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or
psychotropic substances. [Art. 27, UNCLOS]
Civil jurisdiction:
1. The coastal State should not stop or divert a foreign ship passing through the territorial
sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose of any
civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship
itself in the course or for the purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its
laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign
ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters.
[Art. 28, UNCLOS]
Environmental law
BAR 2019 IN FOCUS: PRECAUTIONARY PRINCIPLE
The precautionary principle states that when human activities may lead to threats of serious and
irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be
taken to avoid or diminish that threat. (Rule 1, Sec. 4(d), RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES)
When there is a Jack of full scientific certainty in establishing a causal link between human activity and
environmental effect, the court shall apply the precautionary principle in resolving the case before it.
The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of
the doubt. (Rule 20, Sec. 1, RULES OF PROCEDURE FOR ENVIRONMENTAL CASES)

National Territory and Legislative Powers

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National Territory and Legislative Powers

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​ ​ of 6

The national territory comprises:

BAR 2019 IN FOCUS: National territory and the concept of association

B. DECLARATION OF PRINCIPLES AND STATE POLICIES

A. The Philippines is a democratic and republican state [Sec. 1, Art. II]

POLITICAL LAW PRE-WEEK: Page 2 of 62

A. Independent foreign policy [Sec. 7, Art. II]

II. LEGISLATIVE DEPARTMENT

POLITICAL LAW PRE-WEEK: Page 3 of 62

2. Principle of non-delegability; exceptions

B. HOUSES OF CONGRESS; COMPOSITION AND QUALIFICATION OF MEMBERS

POLITICAL LAW PRE-WEEK: Page 4 of 62

Parliamentary Immunity Does Not Cover Media Interviews

1. A bill is passed by Congress;

E. QUORUM AND VOTING MAJORITIES

Action Required (all Houses voting Basis

Override presidential 2/3 Separately (House Art. VI, Sec. 27(1)

Grant of tax exemption Majority (Silent) Art. VI, Sec. 27(4)

Elect president in case Majority Separately Art. VII, Sec. 4, par. 5

POLITICAL LAW PRE-WEEK: Page 5 of 62

Revoke or extend (a) Majority Jointly Art. VII, Sec. 18

Submit question of Majority (Silent) Art. XVII, Sec. 3

Propose amendments 3/4 Art. XVII, Sec. 1(1)

Action Vote required Basis

F. APPROPRIATION AND RE-ALIGNMENT

POLITICAL LAW PRE-WEEK: Page 6 of 62

G. LEGISLATIVE INQUIRIES AND OVERSIGHT FUNCTIONS

BAR 2019 IN FOCUS: LEGISLATIVE INQUIRIES

POLITICAL LAW PRE-WEEK: Page 7 of 62

The power of legislative investigation includes:

Right to conduct inquiry in aid of Oversight function of Congress

As to persons who may Any person Heads of departments

As to who conducts the Committees Entire body

As to Congress can compel the Attendance is discretionary hence

POLITICAL LAW PRE-WEEK: Page 8 of 62

III. EXECUTIVE DEPARTMENT

A. PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS

B. POWERS OF THE PRESIDENT

1. Executive and administrative powers in general

POLITICAL LAW PRE-WEEK: Page 9 of 62

Ad Interim (Recess) Acting

Both are effective upon acceptance

Submitted to the CA for confirmation Not submitted to the CA for confirmation

Permanent appointments Way of temporarily filling up vacancies

3. Power of control and supervision

Power Conditions for valid invocation Effect

Suspend privilege of There must be invasion or rebellion, a. Merely suspends the

POLITICAL LAW PRE-WEEK: Page 10 of 62

Conditions for the Exercise of Emergency Powers

(1) that the extension should be upon the President’s initiative;

Writ of Habeas Corpus

POLITICAL LAW PRE-WEEK: Page 11 of 62

(1) Deprivation of a constitutional right resulting in the restraint of a person;

1) actual rebellion or invasion;

POLITICAL LAW PRE-WEEK: Page 12 of 62

Extent Political offenses Infraction of peace/common crimes

Coverage Granted to classes of persons Granted to individuals

Approval of Requires concurrence of Congress Does not require concurrence of

POLITICAL LAW PRE-WEEK: Page 13 of 62

BAR 2019 IN FOCUS: TREATY v EXECUTIVE AGREEMENT

Vacancy at the Death or permanent Vice-President-elect

President-elect ​fails to Vice-President-elect

of 6

President-elect fails to Vice-President-elect

President shall not Vice-President-elect

Death, permanent Senate President or, in Congress, by law, shall

When a Majority of all The Vice-President

There is compelling state interest when:

SECTION 17. No person shall be compelled to be a witness against himself.

a. Dismissal is based on insufficiency of evidence