2021 Golden Notes

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NOTE S
2021
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PO L I T I CA L LAW
F.NLCULTY or Clan. Law {I73,4]
POLITICAL LAW
2021 GOLDEN NOTES

FACULTY OF CIVIL LAW
UNIVERSITY OF SANTO TOMAS
MANILA
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2021 Edition.
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ACADEMIC YEAR 2020-2021
CML LAW STUDENT COUNCIL
LYOD'N:H1E q, CAMAR88 PRESIDENT
MARIA FRANCES 1=.wE R. GUTIERREI 1m:E PRESIDENT INTERNAL
STEPHEN FuJ'm A. GDPEZ \m:E PRESIDENT EXTERNAL
KRTSTAL GAYLE R. [D][iAY SECRETARY
NATHAN RAPHAEL Ill... AGUSTIN TREASURER
GMM ]LlST[N E. 'E-'ERDNA PUBLIC RELATIDNS DFFICER
I's ABIGAIL E. PDHAQUE CHIEF-DF-STAFF
UST BAR-OPS
HRIIA num B. N»1AL.4.LUAN Cl-LAlRPERSDN

ELIEHA ELAINE D. BAYDT V1CE-EHAIRPERSQN INTERNAL
IDSEPHIN E GFL».1:E w..am r.; "l"1EE EHAIRPERSIDH EXTERN.4l.
MARINEFTE M. SDBREVILLA SECRETARY
SARAH ANGELA D. Ewe HEAD, PUBLIC RELATIIJNS DFFICER
REBECCA ]D"r' M. MALITAD HEAD, FINANCE EDMMITTEE
]EDlDlAI-I R. PADUA HEAD, I-[DTEL AECDMMDDATIDNS EIJMMITTEE
SABIHA MARIA H. MABLITAS AEST. HEAD, HDTEL AEEDMMDDATIEINS EDMMITTEE
IDEMARI MATHEW H. AGARIN HEAD, LDGISTIES CDMMITTEE
]DHN FREDERICK A. ND]ARA LDGISTIEE CDMMITTEE
H] ER [01-IN v. UY 1.l]GlST[{1'§ CDMMITTEE
CHRISTINE ]l]YEE p. ANDRES SENMR MEMBER
ELDUISA ANN mi. EARREDN SENMR MEMBER
NIEEILE MARIE A. EDRTES 5ENMR MEMBER
PATRICIA MAE D. GUILLERMD SENMR MEMBER
GLENN MATTI-IEW' c. MANLAPID SENMR MEMBER
CIARI T. MENDDZA SENMR MEMBER
MARYLDU RENII M. DLDTED SENIDR MEMBER
Ll]UELLE ILTDE B. QUO SENIDR MEMBER
]AMES R055 L. TAN SENIDR MEMBER
ATTY. AL CONRAD B. ESPALDIJH

Anvlslm
ACADEMICS COMMITTEE 2021
MARIA FRANCES FATE R. GUTIERREZ SECRETARY GENERAL

NATHAN Eu=.pHA181. [:l'.L. AGUSTIN ASST. SECRETARY GENERAL
IDI-[N EDWARD F. FRDNDA ExEI:uTlvE EDM MITTEE
ANGEL HAH M. RDMERO ExEI:uTlvE EDM MITTEE
HIRBY ANNE c. RENIA ExEI:uTlvE EDM MITTEE
KAREN AEBIE c. ASFI RAS EXEI:UTl*.'E CDM MITTEE
IIDSE CH RISTIAN ANTHONY |. plnzow ExEI:uTlvE EDM MITTEE
MARIA FRANCES FAYE R. GUTIERREZ LAYID UT ARTIST
EIARI T. MENDIDIA Cl]\-'ER DESIGN ARTIST
POLITICAL LAW COMMITTEE 2021

MARIA CHISANTA M. PALDMA
p-'1111141. Law r|7"'1r~11TT1E'F of an
FRANCINE ELAISE M. L0]A ASET. HEAD' PDLITIEAI. Law

PEARL ANNE M. Gumnrus AEST. HEA[:l' EEINSTITUTIIJNAL LAW
EWENNE MARIE T. CDRDERO AS5T. HEAD LAW DN PUBLIC IDFFICERE Arm
A[:l'M[NISTR.ATI'li.I'E LAW
I-IAILDRD N. LAVARMS Asn. HEAD PUBLIC CGRPEIRATIDNS
MICHAEL BIND D. AIURIN AEST. HEAD PUBLIC INTERNATIONAL LAW
MEMBERS
FATRICM INGRID M. SEE KATHERINE s. POL1l:.4RPM
EDELITD E. MERCENE IR. BRYAN lAY L. SANTDS
PDTENC [ANI] ELARITD c. EHA'll!'EZ PIA AILA D. MARTINET
HANNAHlaYC18NNHA EXEI1U[EL S. BELLDSILLI]
MARIA MARGARITA G. SANTIAGI] H.M.P]-I REYNAN F.ACDSTA
]ULlENNE EELINE G. DGAYDN GERBIE DIANE D. DAYAO
ANGELIE 5. CDMELDN SHARA MAE D. MACALINAO
IESSIEA MAE T. IUNID
ATTT. AL CDNRAD B. ESPALDDH

AIWISER
ACADEMICS COMMITTEE 2020
AAA DDMINIQUE 5. CAFAHAS SECRETARY GENERAL

MARIA FRANCES FATE R. EUTIERREI MST. SECRETARY GENERAL
RUTH MAE G. SANVICTDRES ExEc UTWE c M-1MITrE E
NIEDLE G. AMANTE 1-;xEc UTWE c DMMITTE E
IAYSDN GABRIEL R. SDRMND EXEI:UT[\rE EDM MITTE
[ARE ANGELA N. FLDRE5 ExEc [_IT]yE c DMMITTE E
Lana l:A5S.4NNRA y. EEMILE ExEc [_IT lyE c DMMITTE E
AAA DDMINIQUE s. CAFARAS LAYIJ UT ARTIST
CIARI T. MENDDEA l:o\rER DESIGN ARTIST
POLITICAL LAW COMMITTEE

IDSE CHRISTIAN ANTHONY |. PINIGN
PCILITICRI. Law EDMT4-'IITTEE HEAD
PATRICIA ELMRE LTMAI I AEST. HEAD FDLITICAL LAW

ISA FLIJRENTINID AEST. HEAD C DNSTITUTIDNAL LAW
l-:AREN ASPIRAS AEST. HEAD LAW DN PUBLIC DFFIEERS AND
.MJMINISTRATWE LAW
MARLA ERISANTA M. PALDMA AEST. HEAD PUBLIC CDHPDRATIDNS
'WINDNA KEELYE. BALUYBT AEST. HEAD PUBLIC INTEHNATIDNAL LAW
MEMBERS
sH.=mA MACALINAD BEATRIEE FANGDN
CLAHEBETH EAMES RALPH HEYNAN AEDSTA
MA. ALYANNA DELDS SANTDS NICDLD B. 8DNGDLAN
EARMINA DIETA RIIANNE RAFAE1.
ATTY. AL CDNRAD B. EEPALDDN

ADTIEER
FACULTY UF CWIL LAW
UNIVERSITY OF SANTO TOMAS
ACADEMIC OFFICIALS
ATTY. NIL() T. IJWINA REV. FR. ISIDRI] C. Al3An"0, 0.P.

DEAN REGENT
ATTY. ARTHUR B. CAPILI

FACULTY SECRETARY
ATTY. ELGIN MICHAEL c. PEREZ

LEGAL CCIUNSEL
U5T CHIEF IUSTICE RU8ERTU CCINCEPCIDN LEGAL MD CLINIC
IUDGE PHILIP A. AGUINALDI]

SWD8 EDDRDINATDR
LENY G. GADIANA, R.G.C .

GUIDANCE CGUNSELDR
OUR DEEPEST APPRECIATION TO OUR
MENTORS AND INSPIRATION
justice Amy Lazarus-lavlr
justice Dswaldn D. Agcanili
ludga Charity M. Salli
Atty. Carla L. Cruz
Atty. Enrique V. Dela Cruz
Atty. Rene B. Gurnspe
Atty. 'Victoria V. Lnanznn
Atty. Rafaelita M. Garayhlas
Atty. Anicia C. Marquez
Atty. Edwin R. Sandoval
Atty. Mauricio C. Ulep
Fur being our guideposts in understanding the intricate sphere nfPulitil:a1 Law.
-Academics Committee 2021
DISCLAIMER
THE RISK OF USE OF THIS BAR

REVIEW MATERIAL SHALL BE
BORNE BYTHE USER
TABLE DF CONTENTS
PDLITICAL Law
[. THE 1937 CUHSTITUTIDH. 1

A. NATU RE AN D CDHCEPT GF A [l{]NSTITl]TI0N_ .1
B. PARTS DF A CaN5TITUTMN _ .1
E. AM ENDMENT5 AND REvlsluHs .. .1
D. METHODS DF INTERFRETIHG THE EDNETITUTIGH.. .3
II. Bnslc cm4cEpTs- 3

A. DEELJXRATIDN D'F PRINCIPLE in STATE PCPLICIE . .3
B. SCIVE REIG NTY.. .8
[1 STATE 1MMUHITY_
D. SEPARATIDN DF mmns. _13
E. CHECKS AND BALANcEs_ _15
F. DIELEEATIDN DF PD'll'lltERS_ -16
E. FUNDAMENTAL PMl.-'ERS DFTHE STATE.. _IT
1. PDU EE PD'll'llI'ER .. _IT
z. EMINENT DDMAIN _ -19
3. TnxATlc+n.. _23
[1]. NATIONAL TERRITDRT.. .29
iv. EITIEEHSHIP.. .3 1
A. KINDE DF cITIzEn SHIP, PU RPNSE DF DI5TINEUIEHINE CITIZENSHIP AN D HINDS DF EIT IZENEHIP - -31
B. 'll'IH'ID ARE CITIZENS.. -32
E. Wu CAN BE CITIZENS- -32
D. mona; DF ACQUIRINE CITIZEHSHIP... -32
E. Hana; DF LDSING AND RE-ACQUIRIHE PHILIPPINE CITIIENEHIP.- -33
F. DUAL EITIZENEHIP AND DUAL ALLE GlnHcE_ -34
v. LEGISLATIVE DEPARTMENT u .34

A. LEEISLATIWE PGWER.. -3-4
1. SCOPE AND LIMITMLTIDNS.. _35
z. PRI N EIPLE DF NON-DELEGABILITY, EICEPTIGHE.. _35
B. CHAMBERS 'DF CDNG REBS _ -36
1. SENATE AND HDUSE DF REP REETHITATIUES _ -36
z. HUU5 E DF RE PRESEHTAT l=.rEs _ -38
3. Dl5TRI::T REPRESEHTJRTIVES AND QUETIDNS DF APPURTIQHMENT _ -38
b. PARTY-LlSrr SYSTEM [R_.q. ND. 'J"941]... -39
E. LEGlSLNTlVE PM\r1LEGES. INHIBITIGNS, AND D|s11uAL|r-1:;.4Tmn|5.- -43
D. QUDRUH AND \mTln:] MAIDRITIEE.. -45
E. DISCIPLINE DF MEMBERS- -46
F. FRGCESS GF LAW'- MAKING . _4'1
E. ELEETGRAL TRIBUNALE AND THE- -49
CGMMISSIDN DN AF FDINTMENTS.. -49
1. N.5l.TU RE.. -49
z. POWERS.. -49
H. P[WLI'ERS GF CDNE RE35.. -53
1. LEGI5LATlVE INQUIRI ES AND 1]'ll"ERS]G]'IT FUNCTIGNS.. -53
z. NON-LEGISLATIVE . -56
3. IHFDRMING FU NETID N . -56
b. P{]'ll'lltER GF IM P EAEHMENT.. -ET
|. INITHLTIVE AND REFERENDl]M_ _58
yl. ExEcLmvE IIEPARTHEHT.. .59
A. QUA L[FI EATIDNS, ELE CTID-N, AND TERM GF THE PRESIDENT AN D 'll"l'EE-PRESIDENT-. ..59
8_ PRWILEGES, IHHIBITIGNS Arm DISQUALIFI'EATI{lHS_. ..6,l]
1. P REEIDENTIAL IMM u NIT'l' .. ..al]

2. PRESIDENTIAL PRIYILEGE . ..E»1
c. PD'll"l.I'ERS CIF THE PRESIDENT- ..E»4
1. GEN EP..-aL EXECUTIVE AND ADMINISTRATI'-.rE POl."LI'ER5 _ ..ET
2. Pl:]'ll'l.I'ER DF APPUIHTMEHT.. ..ET
a. IN GENERAL. ..ET
EL LIMITATIDNE DN THE EXERCISE ,i P[}W'ER DF AP PDI NTHENT .. "EE
C. TYP ES DF APPD INT MENT.. ..E5
3. P4:]'ll'l.I'ER DF CGI'-ITRDL AN D supER\r1smH _ ..6'.1r
a. DUCT RINE DF QUALIFI ED POL1TI::AL AEEHEY ._ ..E~El

EL ExEcuTlvE DEPARTMENTS AND DFFIEE.. ...as
C. LDCAL GWERNMEHT l]NITS_ ...as
4. E MERGENCY PD'l."LI'ERE.. ..69
5. COMMANDER-IN-CHIEF PDWERE.. _.EH
a. CALLING GTJT PDWER5 _ ..69
EL 1:»ECLARATI DN DF MARTIAL lA'W AND cusp EHSIGN GF THE PRlVI1EGE DF THE 'WRIT DF HABEAS
IIDRPUE, EXTENSION.- ..6g
6. EXECUTI'».rE ELEMENCY _ .5-'z
a. ]I.bATu RE AN D u M ITATIGHE .. .5-'z
EL FDRMS DF EIECUTWE ELEMEHCY.. .3-'4
T. DIPLDMATIE FD'll'l.I'ER_ ..'II'5
8. PD'll'l.I'ERS RELNTlVE TD APPR9PMTlNN MEASURES.. ..'II'l5
9. DELEGATED PDWERS.. .3-'r5

10. RESIDUAL PDWERS.- .5-'ra
11. '!1tETD PDWER5.. . . T7
D. RULES DF su ECESSIDH . . . T7
all. ]I.l]]III ML IIEPARTH EHT.. J8

A. 'EDN EEPTS _ TB
1. IUDI EIAL PDWER.. TB
2. ]llDI EIAL REV|EW.- TB
a. RE QUIEITES GF IUDICIAL RE=.J'| EW [ALEN]... .TQ
b. DPERATIWFE FACT DID-ETRINE.. ..8z
c. PGLITICAL QUESTIDN DD CTRINE.- ..82
8_ IUDIEIAL INDEPENDENCE AND AUTDHDHY... .83
c. APPGINTMENTE TD THE IUDICIART.. .84
1. QUALIFIEATIGHS GF M EM BERG DF THE Il.ID|EL4R'|".- .34
2. IUD| EIAL AND BAR COUNCIL [JBE]_. ..85
a. CD MPDEITIDN GF THE ]EE .. ..85
b. PDWERS GF THE IE-E... ..85
D. THE so PRE ME EDURT.. ..85
1. EDMPDSITIGH DF THE SUPREME CDURT _ ..85
2. Pl:]'ll'l.FERS AN D 1=unErmns GF THE SUPREH E CUURT . ..86
am. ED NS-'TITUTIUHAL CUT-'IT-'IISSI DNS... .BT

A.COMM D N PRDI4"ISI0NS_ ..8',;"
E. INETITUTIGHAL INDEP ENDEN CE saFE:;unRJ:~s - ..8',;"
C. P0'll'll"ERS AND FUTHICTIGNS.. ..88
D. com PDSITI GN AND QUALIFI EMTIGNS.- ..8|.g
E. PRDHIBITED DFFICES 8 INTERESTS.. 91
lx. BILL [IF RIGHTS.. ~.91

A. CD-N EEFT DF BILL DF RIGHTS- -91
1. PRIVACY AND AlIT1]NDM"l'.. -91
z. RELATIDN Tl] H UMAN RIGHTS- -91
B. DUE PRDCESS DF LAW.. -91
1. EDNEEPT DF RIGHTS TD LIFE, LIBERTY, AND PROPERTY.. -91
z. KINDE DF DUE PRDCESS_ -92
3. so BETAHTI'll"E DUE PRL:-CES5 . -92
b. PRD CEDURAL DUE F RDCEE _ -94
i. JU [:IICI15l.L DUE PRDCESS.. -95
E. LEYELS DF 5'ERLlTIN'l'.. -96
C. EQUAL FRDTECTIGH DF LAWS.- -9?
1. EDNCEPT DF EQUAL PRDTEETIDN DF LAWS-. -9?
z. RE QUIEITES FDR VALI D Cl.A5EIFICATI DN - -9?
3. LEVE1.9 DF ECRUTIHY {2D15 EAR] .. -98
D. RIGHT ADAI NET u N REASDNJLBLE.. -99'
1. DDNEEPT DF PRIVACY... -99'
z. DDNCEPT DF SEARCH . -99'
3. REQUIEITES FDR .1 VALID WARRANT.- -99'
4. 'WARRANTLES 5 EAREH ES [2 IJDCI, 20D9, 2015 EAR] .. .102
5. 'WARRANTLES ARREETS AND DETEHTI CIT~l .. .105
e. EXCLU5IC»NARY RULE- .106
T. EFFECTS GF UNREASDNABLE SEARCHES AND SEIILFRES U .106
8_ EFFECTS GF ILLEGAL DETENTIDN U .106
E. PRlVA-:Y DF CDI¥'[MUNI'EATIDH AND CQRRESPDHDENCE- .1l{:IT
1. EDNCEFT DF EGM MUNI EATIDNS, CGRREPDNDENEE H .1l{:IT
z. INTRUSIDN, W'I'IEN AND Haw ALLUWED.. .107
3. EXELUSIGTHIARY RULE.. .170
F. FREEDDH DF SPEECH AND EiPRESSI'0N_ .170
1. CDNCEPT DF FREEDDM GF SPEECH AND EKPRESIDN . .170
3. CGNTINUU M DF THDUGHT, SPEECH, EKPRESSIDN, AND SPEECH ACTS.. .111
B. Pl] RPCFSES DF FREE SPEECH DDCTRINES... .111
C. BALANCE BETWE EN UNE RIDLED E:-:PRESSI4:N AND LIBERTY.. .111
z. TYPES DF REEULATIDN.. .113
3. PRIOR RETRAINT AND SU Bssqu ENT PU NISHM ENT.. .113
b. CGHTENT-BASED AND CCI INTENT-NEUTRAL REGULATIDHS.. .115
c. INCITEHEHT AND ADVGCACY _ .176
d. SFECIFI CIT'l' GF REGULATIDN AI'-ID CNERBREADTH rmcTRI N E . .176
E. SPEECH RECULATICI-N IN RELATICIN TD ELECTICI-N.. .177
f. SPEECH REGULATIDN IN RELATIDN TU MEDIA _ .118
3. JUDICIALANALYSIS, PRESUHPTIGNE AND LE1.»rEL9 AN D TYPES GF scRuT1lw_. .179
4. SPECIAL TGPI-ES IN FREE EJ:PP.ESSlNH 'CASES _ .179
3. HATE SPEECH . .179
b. DE FAMATID N AND LIBEL .. .179
E. SEDITIDN AND SPEECH IN RELATIGN TC! REE ELLIUN ., .179
d. D-ESCENITY1' P{]RN8GRJ5l.PHY_ .179
E. mum ERCIAL SPEE EH .. .1211
f. NATIDNAL EH ERGEH EI ET .. .121
g. SPEECH GF PLIELIC DFFICERS ._ .121
5. CCIENATE RIGHTS.. .121
3. FREEDDH DF ASSEMBLY _ .121
b. FREEDDH m= ASSET-CIATIDH.. .121
C. FREEI]'0M DF INFDRHIATIDN . .122
E. FREEDDM D-F RE LIGIGH.. .124
1. BASIC PRINCIPLES.. .124
3. PURPGSE DF FREEDDM GF RELIGIDN ., .124
b. EGNCEPT DF RE LIGIGN _ .124
z. PRINCIPLE DF SEPARATIDN DF CHURCH AND STATE.. .124
3. NON-ESTABLISHMENT CLAUSE- .125
4. FREE EXERCI5E CLAUSE.. .126
H. LI BERTY DF ABDDE AND FREEDDM DF l~l4:]'!lltE]l-'I ENT. .133
1. 5 EDFE AND LIMITATI DNS.. .128
2. WATCH-LIST AND HD LD DEPARTURE ORDERS H .139
[_ EI-'IINENT DDMAIN.. .131
I. NON-IMPMRMENT DF CONTRACTS-. .131
K. ADEQUATE LEGAL ASSI5IANC:E AND FREE ACCESS Ta CGURTS _ .132
I. RIGHT AGAI NOT SELF-IN'ERIII1IT~IATI4:]T'I_ .132
1. 5 EDF E AND CCWERAGE .. .133
2. APPLI CATIGN.. .133
3. IMMUNITT STATUTES.. .133
M. RIGHTS GF PERSDN5 UNDER CUSTDD ILL lnvE5TI:1.4T14Jn H .133
1. nv.1ILAB1LIT'r.. .134
2. REQUISITES FDR 151 FERSDN TG BE PLACED UNDER CUETDDIAL Ihl"ll"E5TIG.ATI0N_ 1135
3. WAIYER.. 1135
N. RIGHTS DF THE ACEUSED.. 1135
1. CRIMINAL DUE PRCIIIESS- 135
2. RAIL.- 1135
3. P Rl=.'3Lrl'-1 PTTCIN DF IHNCI CENCE .. 18"
4. RIGHT TD BE H EAR1.- .13?
5. ASSI5TAN CE GF COUNSEL.. .137
6. RIGHT TD BE INFDRMED GFTHE NATURE AND CAUSE DF AC IIUSATIDN H .137
or. RIGHT TD SPEEDY, IMPARTIAL, AND PUBUETRIAL - .138
8. RIGHT TD CDNFRDNTATIDH .. .138
9. CDI-'IPULSD RY PROCESS- .138
1:1 TRMLS IN A.E5ENTIA_ .138
D. RIGHT TD- §p-EE]j'|' DISPDSITIGN DF CASES.. .13B
p. RIGHTS AGAI NET EXCESEIEFE FINE; AND ERUEL AND INHUI-'IAN' PUNISH MEHTS.. .1-a]
Q. HCI N . I MPRISUN MENT FUR DEBTS .. .1-1-I]
R. RIGHT AGAINST D-OUBLE ]EDPARDY.- 141
1. REQLIISITES; SEDPE DF DOUBLE JEDFARDY - .1-1-1
2. LIMITATI4:NS GF DDLIBLE IEOPARDY_. .141
s. RIGHT AGAINST IN'-.rULUNT.4RY SERVITUDE.. .143
T. EXPQSTFMTU LAW AND.. .143
K. Law DH PUBLIC DIFFIEERS. .144

A. GE N ERAL PRI HCIPLES _ 144
E. MDDE5 DF ACQUIRINE TITLE TD PUB LIE DFFI CE _ .145
c. MDDE AND KINDS DF APPMNTMEr~IT.. .146
D. ELIGIBILITY AND QUALIF1CATlCNN REQUIREMENTS .. 149
E. DI SABILITIES AND INHIEITIDHS DF FLIELIE GFFIEERE _ .15]
F. FDWE RS AND DUTIES DF PUB LI C UFFIC ERE . 1153
G. RI E HTS DF PUBLI c DFFI EERE.. .153
H. LIAB1LMES DF PUBLIC DFFI EERE.. .154
1. P P.EVE nm'».fE SUSPENSION AHO BACK SALARIES.. .155
2. ILLEGAL msmlssAL, REINETATE MENT, AND EAM SALARIES._ 1156
[_ III-'IMUHITY DF PUBLIC DFFIEERS.. .159
I. DE FArm ANI] DE ,fuss CIFFICE REL.- . 161
K. TE RMINATIGH GF CIFFICIAL RELATIDN . 1161
L 1:1vIL SERVIEE . .165
1. 5 EDFE.. .165
2. APPUINTMENTS TD THE cM L sERvl EE.. .166
3. P EREDHHEL Acrl DHS .. 169
m. ACC:NUNTAB1LITY DF PUELI C UFFIEER5 .. 169
1. TYPES GF Accou NTAB1Lr1Y .. .169
3. ADMINISTRATIVE ACCDUNTAEILITT :JF Pl] ELIC GIFFIEERS.. .lTD
b. CRIMINAL ACCDUHTABILITY DF PUBLIC DFFICERS.. .ITE
z. THE DME UDSMAN AN D THE DFFICE DF THE SPECIAL PRDSE EUTDR ., .ITE
3. T H E SAHDI EAN8AYAN.. .ITS
H.TERM LIMITS- .1'?'!5l'
al. 141] HIN[5TRATI'l!'E LAW.. 181]

A. GENERAL PRINEIPLE . .130
B. ADIl¢'[INI§TR.ATI'U'E AGENCIES.. .191
E. PCIWERE :JF .5l.[:l-Il¢'[IT*llSTR.J3l.TI'll"E AE EN1:1E3- .193
1. RULE-MAKING PDWER.. .193
3. KIN DS DF ADMI NIETRATI'll"E RULES AND RE EULATIDNS . .IEE
b. REQLIISITE FDRVALIDITY... .IEE
z. ADIUDICATDRT P4:]'ll'l.I'ER _ .196
3. ADMINI5TR..UI.TI'll"E DUE PRDEESS _ .1EI8
b. ADMINISTRMTIVE APPEAL AND REVIEW- .199
E. ADMINISTRATIVE RE.'§-`_fUDJ'CATA._ .199
3. FACT- FINDING, INVEETIEATWE, LIEEN SING AND RATE-FIXINE POWERS.- .190
D. Ill[:I']CIAL REVIEW.. .191
1. DUCT RI N E DF PRIMARY ADH I NISTRATIVE ILIRISDI :Tl DH .. .193
z. DUCT RINE DF EIHAUSTIDN DF NDM1r4ISTRAT1'~.rE REMEDIES.. .194
3. DUCT RINE DF FINALIT'l' 'DF ADMINISTRATIVE ACTIGTHI.. .196
all. ELECT] DN LAW . 195

A. su FFRMIE .. .195
1. QUALIFICATIDN AND ms QUALIFICATIDN DF voTERs ._ .1ST
z. REEISTRATIDN AN D DEAETIEVATIDN GF omEns.. .198
3. IN ELUSIGH AND EKCLUSIDN PRD CEEDINGS.- -200
4. LEGAL ANI] [WERE EAS AESENTEE VGTIHG.. -200
5. DETAIN EE vol NG- -201
B. PD-L|T|[:AL PARTIES _ -201
1. JURISDIETI DN DF CDHIELEE 'l]'U'ER PGLITICAL PARTIES .. .201
z. REEIETRATIDN DF PQLITICAL PARTIES.. -201
:L CAN DIDACY.. .202
1. QUAL1F1l:11T1UNS AND DISQUALIFICATIDN E DF 'EAN D IDATEE... -202
z. FI LING GF CERTIFICATES DF CANDIDAC."r'.. -204
3. EFFECT DF FILING _ .204
b. EUE5TITUTIUN AND WITHDRAWAL GF CANDIDATE5 .. .204
E. NUISANCE CANDIDATE . -206
d. EFFECT DF 0ISQUALIF1EATIEN DF CERTIFICATE DF EAN DIDAET... -206
D. CAMPAIGN . -206
1. PREMATURE EAIl¢'[PAI EHING_ -207
z. PRDHIE ITED- CD NTRIBlJTIDNS_ -20?
3. LJ1WFl.]L AND PRDHIBITED ELECIIGN PRDPAGANDA.. -207
4. LI HITATIDNE DN EXPE NEES_ -208
5. STATEMENT DF EMI~rrEIE LITIDNE AND EXPEN DITUREE {5CIEE] .. -208
E. BDARII DF ELECTIBN INEPEETDRS AND EDARD 'DF EANUAESEEE.. -208
1. ED MPEEITIEN .. .208
F. REIHIEDIES AND JURISDICTIGN IN ELECTIGN LAW. -209
1. PETITIGN NDT TD ENE DUE ED UREE TE] DR cA14cEL.-1l:ERTI1=lc.1TE DF CAHDIDAEY... .20'!EI'
2. PETITIGTHI FDR DISQUALIFICATID N .. .20'!EI'
3. FAI LURE EF E1E1:r IDN, EALI.. DF SPECIAL ELECTIDN.. .210
4. PEE-PEUEL.411AT1C+N CD NTRDVERET.. .211
5. ELECTIDN PRETEST _ .213
6. :gun I»'l-".11RR-\1.1'!1l'IID... -214
xln.Lnl:AL EGVERHHENTS.. .215
.FL AUTDHDHDUE REGID H5 AND THEI R RElATIDH TD THE NATIDNAL GUVENNME1l.4T _ .215
E. FUBLIE CDRPDRATIDNE.. 3215
1. P UE Llc CDRPDRATIDN5 DI STIHGUISHED FROM E0'!IFER]'~l MEHT -DWN E D DR 'CD NTREPLLED EDRPGRATI DNS
.216
2. CLASEIFICATIDNS DF PUB LIE CDRPDRATIDNS., .z1?
a. Qunsl-*:oRpcp.4Tlon5 .. .217
b. MUNI*:IPAL CDRPDRATID N5 _ .217
1L ELEM ENTS.. .217
it. NATURE AND FUNCTIGNS.. .217
li. REQU1SITE3 FDR CREATIEIN, EQNVE RSIGN, Dl'll"l5I1]H, MERGE R, DR DISE4:][LUTI DN .. .z18
c. PRINCIPLE DF LGEALAUTDNGMY.. .219
D. PDWERS GF' LGCAL GDVERNMENT UNITS... . 221
1. GENER.-4LWELF.4RE CLAUSE.. . 221
2. EMINEHT DDMAIN.. . 225
3. TA:-:ING POWER.. 223]
4. 'IILDSU RE AND DF ENING D'F RGAD5.. . 234
5. LEGlSL.-4T1'-:E FDWER.. . 234
a. REQUIEITES FDR VALID DRDINANCE .. .235
b. LOr.AL INITIATIYE AND REFEREHDUM- . 238
6. ULTR.-WIP.ES ACTS .. . 239
T. 'EDRPDRATE FDWE RS .. 224]
8. LIABILITY DF LGUS.. .241
9. 5 ETTLE MENT GF BDUN DARY DI SFUTES... . 243
1 D. L4:]D5l.L D FF ICIALS.. . 245
a. 'IFAEAN LIES AN D su ECESSIDN . . 245
b. DISCIPLINE .. . 242
1. ELECTlVE DFFICIALS.. . 34?
11. APP{IINTI'll"E OFFICIALS- .28
11.RECALL_ . 249
12. TERM LIMITS.. .251
xiv. NAT[UHAL E'E'DH'DH'l' AND PNTR1r»1M4Y.. .252

A. EHPLDRATIDN, DEVELDPM ENT. AND UTI LIZATIDN DF NATURAL RESDURCES _ .z54
8_ FRAN I:HISE3. ALITH GIRITT, AND EERTIFIEATES FDR Pl] ELIC LrTIL1TI ES . 2. 55
c. ACQUISITIDN, DWTwIEREHIP AND TRANSFER DF PUBLIC AND PRl'll"ATE LANDS.- . 256
D. PRACTICE DF FRCIFESSIDNE.. .25B
E. DREANIZATIDN AN D REGULATIDH GF CGIRPDRATIDHS, PPUVATE AND PUBLIC.. . 259
F. IHTDHDFDLIES, RESTRAINT DF TRADE, AND UNFAIR CCIMPETITTDH.. . z59
xv. SCIEIAL ]I.l5TIEE AND HUMAN RIG HTS _ .IBM

A. 'EDN :ZEPT GIF SD-EIAL lusT1cE.. .EBU
8_ ECDN GMI c, SD EIAL. AND cu LTU RAL RIGHTS _ .251
c. EDMMISSIGN CIN HUMAN RIGHTS.. .261
1. P{]'ll'l.FERS AND FUHCTIGINS GIF CH R_.. .26z
2. CDMPDSITIGH AND QUALIFICATIONS DF MEMBERS DF THE EHR... .26z
xvi. ED UCATIDH, sclEnc E. TEEHNDLDET, ARTS, EU L'l'l.lRE AND SPDRTS u .263

A. N::ADEMIC FREEDOM.. .z65
xvii. PUBLIC INTERNATIDHAL MW- .265

A. EDN LEPTS _ .265
8_ RELATIONSHIP BETWEEN l1WITEM~IATMNAL AND NATIONAL LAW.. 3266
c. 5'.0LmcF.'3 DF INTERNAT1::+NAL LAW- 28
1. ART ICLE 38, INTERNATIDTHIAL EDLIRT DF ILr5:TlCE ETATUTE... .266
2. EFFECT DF UNITED NATIGNS DECLARATIDNS, SECURITY CDUNCIL RF.'31JLLrTI»:>r45.. .z?1
3. EFFEETS DFAETI DNS DF GREAN5 DF INTERNATIDNAL DREANIZATIGNS 'CREATED BY TREATY -.-.--2 T1
D. SUBJECTS DF IHTERNATIGNAL LAw__ -2 T1
1. STATES ., .272
z. INTERNATIGNAL GRIEMNIZATIDNS U'S] .. .27?
3. IN [lI'!IH DUALS.- -2'?8
*L DTHER SUEIECTS DF INTERHATIDNAL LAW-. -229
E. IURISDICTIDN GF' STATES-. -229
1. Bnsls DF JURISDI mum _ -2'?'9
3. TERRITDRIALITY PRINCIPLE.. -286
b. NAT1UNALITY PRINCIPLE AND 5TATELES51l.4ESS.. .2 ED
c. FRDTECTWE PRINCIPLE.. -286
d. UNIYEREALITT PRINCIPLE.. -281]
E. PASSIYE PERSDNALITY PRINCIPLE .. -2 E1
z. E:-:Em p'rlon5 FROM JURI5DICTIDN_. -281
3. ACT DF STATE DGCTRINE.. -221
AND ITS GFFIEERS.. -221
F. DIPLDMATIE AND CDNEULAR LAW., -232
E. NATIDHALITYBND STATELEENESS... -282
H. GENERAL PRINCIPLES oF TREATY LAW _ -288
|. DUCTRINE DF srr.-4TE REPDNSI8ILITY.. .294
|. REFU E E Es _ -296
IC TREATM ENT DF ALIENE- .296
1. E}llTRAD|TI1]N m -296
3. FUNDAMENTAL PRINCIPLES- -292
b. PRD CEDLIRE .. .292
E. DISTINGUISHED FRDM DEPDRTATIDH.. .292
L. 1NTERNATlaH.4L HUMAN RIGHTS LAW.. .298
1. LrN1VERSAL DECLARATIGN DF HUMAN RIGHTS .. -299
z. INTERNATIGNAL EDVENANT UN C1\-'ILJ4NN P'DLITIC..\ll.L RIGHTS- -299
3. INTERNATIGNAL CQVENAHT UN EEDNDMIC, SDCIAL AND CULTURAL RIGHTS _ -3 FJ1
H. INTERNATIGNAL H UMANFTARIAH LAW _ -301
1. GATEGDRIES DF ARMED CDH FLIGT.. .303
3. INTERNATIONAL ARMED GDNFLICT.- -303
b. INTERNAL cm NON-INTERNATIGNAL ARMED G1]NFLIGT_ -304
c. WAR GF HATIDNAL LI BERATI GN _ -304
z. CDRE INTERNATIGNAL DBLIGATIDNE DF STATES UNDER THE ll'IL.. -309
3. PRINCIPLE DF INTERNATlCH.1L HUMANFTARIAN LAW.. .316
3. TREATMENT GF GWILIAHS.. -316
b. PRISGNERE CIF WAR... -316
4. LAW DN NELITRALITY.. -311
N. LAW DF THE SEA.. -312
1. BASELINE- .312
2. AR::H|pELA::|:1 STATES .. -313
3. STRAIG HT AREHIPEl.AGIC BASELINE . .313
b. ARCHIPELAGIC WATERS . -314
f. ARCHIPELAGIE SEA LAHES PASSAGE _ -315
d. REGIHIE DF ISLANDS.. .315
3. INTERNAL WATERS.- -315
4. TERRITDRIAL SEA.. -315
5. ED NTIGUDUS IDHE .. -318
6. Ex::Lus1vE EEDNBHIE ZDHE.. -319
'.T". ED NTI N ENTAL 5H ELF _ -320
E. INTERNATIGNAL TRIEUNAL FD-R THE LAW DF THE SEA.. -324
D. INTERNATI DNAL ENEIIRDHMENTAL LAW _ -38'
1. PRINEIPLE 21 D-F THE §TOEHI'IDLM DEELARATIGN.. -322
z. PRECAUTIGNARY PRINCI PLE.. -328
PDLITICAL LAW
|. I | I I l*
[. 1. THE 1987 EDNSTITUTIIJN
.a1EMI"Ii*=la!El'l'I'MEI'=l=lII'l£l'*HI-1ll\lllI*I»El 1. Lll:leJ't'j,r - pltwisians prencrlbtlng the Fundamental

clvi] and political right ofd l i z e n s and t h e
E4-'lcaningnf a Ennstituliun llnlltatlcms an the powers -of government m en1-ny
those 1'i.ghls.
Constitution is appropriately deaned by Justloe
Malcolm as "lethe w:rltoen llLstrunlent enacted by direct 2. Government - pronrlslons outlining the
action of the people be which the fundamental powers organization of the government, enumoratlng its
of the government are established, limited, and powers, laying down certain rules ne]ati1.re to its
dell red, and by which those powers are dlslributed ad ministration, and dellning the e]er:to rate.
among the several departments for their safe and
usefLiI exercise for the benefit of the body p-olitle" 3. 301.-'ereignty - prunrlslu]ls un the made fir
(Em: and Cruz, Consnhrtlonoi Low201.5 Ed., p. .81} procedure in ae1:m'da11r:e wllh which formal
changes in the fundamental law may be brought
Dmrrrinr of rnwvtitutiannl 5I1D1*rmac3! ab-IJuL Wachuru, Dutiine Reviewer In P4:u'fticaJ'
Law, 2814 Ed.. p. 3]
Under this doctrine, if a law DI' contract violates any
norm of d'Le Constltut:lon., d'Lat law or contract, -'14l41ll,;l4I1*-iI1l1l4q11.iiL_
whether promulgated be the Ieglslatlve or by the
executive branch or entered into Br private persons Mncndmcnt vs. Revision
for private purposes, is null and void and without any
force and eEfect_ Slnoe the Constltutlon 15 d'Le
fundamental, paramount and supreme law of the .IFl.ll 1§DI3[Ed DI' 8 IZ'*E'L\'3]'TllP Ill'
nation, it is deemed written in every statute and pl1!l:!u'neal r a w r l t i n g of the
contract (Manila Prince Hotel' In EEIS, on No. change by whale instru-
122156, February 1 1997] adding, deleting, !'|1EI|||, altering
Definition DI' reducinig t he s ubs t a nt i a l
Essential Qualities crf the Written Ennslitutinn wi1;h-clut altering tntiretlr of the
[Bm-Bri-DI.h the bash: '. :unsti l l l ti un.
principles
1. It. must be knar lr should provide for the entire lnvnlvcd.
governmental organization, cover all persons and
dotings within Slate te1'1'itor.l,f, embody the past, Tells to determine whether a prnpefsed change is
reflect the present, and anticipate the future. HD amendment DT a revision
2. It must be Eriff. having the ba§1: principles to be 1. Qr.ronr;l'totav-2 new: - Is the proposed change so
implemented wid'L Ieglslalive details more extensive in 1T3 pmvisi-ons 33 m change di1'el:d!."
adjustable lu change and easier to amend. the 'substantial entiretyI' of the Eonstllutlon by
Lhe deletion DT alteration of numerous existing
3. It must be I1E.l']JJJ.l;1': to avoid oonfusdon and provisions?
dlurlshreness among111e people.
2. Quafimdw t8t - 'Will the change accomplish
XPN: PruWslnns deliberately wuvded in a such far reaching changes in Me nature of our
vague manner, ]Ike Wie due process basic governmental plan as III amount [11 a
clause, as In make Mem mare malleable revision? [Latino u. IS'nmef-sc, 6.8. No. I?4I5.8',
to iudielal inlerp1'eta1:lnn in light of new Dctnher 25. 2086]
elreuinstances.
UNIVERSITY DF Samru TDHA5

1
2821 GIJLDEN NDTES
|. THE 1987 CDNSTITUTIDH
HOW proposed BJ." En-ngress. .II:.,. 1. By Ingress, ul:u:u1 a vote .II 5.=,' thi: r1:lle. upon 1 :iti4:m
E4:l11stit.uent:i-348i41, z.,l3 of ALL its members [so Lhru 3 l_.....Jlselte la' lL'-=.t 1 2 %
upon 3 rate it' 354 day. -0tJIIj'iJ.ru l,TnnEen]; DR o f t h e TIEITAL number of
its members [2014 _. By Congress, upeln a r e g i 9 e r e d voters, of which
Bar] nmluritjr -one 111 ALl.. ill every J'eg8'fatiu'e dl8:tl1!er must
members to submit m the E represented by 3% of the
Electoral: the questlcm of ¢egi9ered 1.-'nters dierein (1939
calling a EUlnLCUI:L [+Plebiseite] Funstitutfnn..4rr. no, so; 2]
F197 Constitution, .4.rt I1-*HQ ,l"+FuH text of the prnpuusni
Secs; amendmei'.~B nttneNed' in the
petiliunj
NCITT: Althnllgh the
lam |. :=l]ent en whether HCITE: Alt.h1Jugb the law IN num: Ha amendment shall be
Me voting is dune silent un whether the vndng is 3Lll:l'llII["lIEd more than 'l]l]l'.'E
s e p a ra t e l y or inintly, dune separately at jnlmljr, the e v e r y five years thereafter.
Me pve1.-'ailing view is pmvaiHng view is for separate
fer separate 1.r1:l-tlng as vndng as the Congress is
Me Co n g re ss is Iblcameral.
b je a me ra l.
Coverage Anuzndmrrnt LI' {EL'l5lu:l flm143ndmr.~nt ("~'1.ll
Legal -.In-lélrlllt; _JfPrl:»p»l:l-sal,l:»r Frnpasitlrnns _.Jil be dcl:]aJr1-d

Questions 2. Mamma: of ca] ling IEanEun null and 1.-'uld far violation of
[Subject m - This Is a case where Ingress, acting as a C011.835, calls he Ennstltuti in.
Iudirini for a CunEun but dries nut prnvlde details for the calling of
Review] such EunG1Jn, and Congress, in ennettlsing is nrdlnargr'
legislative p a w " !Tlr'l'. :='..7'n1. -=' ""' d e ta ils.
Political Substance LI:
Questions l2IJCIIIJIDS3l.
CutlAss nr Cantina
EI'l.l"hether should mitlate the
amendment or 1'cvis1un.
Limit "Ja 3.['l'YIE]1d]l['iE['l`[ -1- author]iznd

n-ftener than once every 5
m e a n -"i""'J»**'1' Ea.r1lstltr.rtil::-n, A."
I l. I
UNIVERSITY DFSANTDTDHRS
2
202 1 EDLDEN NIJTES
PDLITICAL LAW
1. When II is expressly provided that a Jegisladve

act is necessary to enforce 3 co nslitulional
Amendment: nr re'urlslelns to the -Ennsti1:l.llinn by mandate, and
Ennslimenl Assembly DI' Cnnstllutlona] Eenuentlnn 2. Provisions merely exprosslng general principles
shall be 1.-'alld when ratified by a maim'i'qlr of the vales ]ll4!E:
cast in 3 plebiscite which shall be held not earlier than
150 days HDI' later than an days after the app-rnval of
3. Art. II: 'Dedaralinn of Principles and Stale
Pulicles"
such amendment [I r revlsl-nn.
b. Art XIII: "Social justice and Human Rlghie'
Amendments by Pe1:lple's lnitlatl1.re shall be valid c. Art XIV: "Education S4:1e]1r:e and
when ratified by a ma111rltl.r of the votes east in a Te1:h:l1rJ]ng],-f, AHS,Culture end S p o r t s "
plel:llsl:1te whim shall be held net earlier than Et] days [P-Iunil'-0' Prince H'-nlteJ' v. 55:3 GR 1 2 2 1 5 6 ,
our later Lhan QD days after the 4:ertiEI:atiun by the Feb. . 8 ' . 1 9 9 9
CDMELEC of the sufficiency of the petition.
NUTE: Such pruvlsidns are not ready fer
R¢~qui=ai1lp*i Irrr .1 valid RnHHra4nn
E]1fDFCEMEht T.hrm:lg]'L the courts but are used by d'Le
[Ply-Su-Re]
Judldary 33 aids DT guides in the exercise of 13
power of Judlr:1a] review, and b*j,r the legislature in
1. Held in a uisfine enndueted under the
LU enactment of laws. (Tun-du Medical Employees
Election Law,
4-Issneiatinn v. 64, ER. No. I6?324,juJ'y IZ, 200?j
2. 5_u|1er'|.rised by EDMELEE: and
3. Dn]1.rBeg;istere¢1 voters take part; xpt4 m the XIAN:
[:lll:-ll:trim.~ at Pruner Submission

1. Sec. 15, ArL II: Right to a l:la]an\:ed and
hlztlthful u~1:n]ul3-' {El'p-usa u. Fnctnmn, GJ; Hn.
Under this dor:tl'1ne. Lherle should be no pier:e-meal 1553]
1-IZ-'106a3,J'u£|.= run,
submission m the people of proposed amendments to 2. Sec. 1'J", Art. III: Right to lnEn:rmatlu]1 [Manila
lite Eonslit1:ltlo11. This is to enable them to make an
Fnn»4:'e JTf¢:lre{ v. runs, ER Hn. 122156, Feb. 3,
intelligent appraisal theoeoli lToIefmn-o l.-L confess,
1999; and
on No. L-34150, October 145, Ian;
3. Sec. 111, Art XII: Fllipinn First Pnliqf. [Manila
I 4, . I I Frim:'e Hotel v. GETS; ER. Nu. 122156, Feb. 3,
I I I I I
'i I Ii.
1999;
NDTE: In case of doubt, the prnvlsiuns of the

1. I-*erba legit - whenever pneelhle, the wtmds used Constitution should be construed as self-executing;
in the Gnnstjtudun must be given their urldinar],r mandatory rather Man direr:tnlr]..r and prnspectlve
meaning rather than J'etr*4J-a-l:tl1.re. [Cruz and Crux, Con§nmliona1
z. Rads Iegrs' at anime - where there is amhiguitj.-'. Ll:lw.p. 8]
the words of Me Ennstittltlnn must be
interpreted in accordance with the intent of the II. Bnslc EDNEEPTS
framers.
3. Ut ml:l.gIis ul:lJ'el:lt quam parent - t:he Cunstltutjnn
must he interpreted as a whale.
S-elf-cxccutlnguruvisiun
Rfpllhlimn '~'¢r=ltp [1996 BAR]
A pruvlsinn whleh is complete by llself and hee-nmes
operative wjthaul the ald of supplementary Ur The Philippines is a democratic and republican State.
enabling leglslatlnn S-nveveigrltjr resides in the people and all gnvernmem
authority emanates from 1i1em. (Sec. 1, Art .IL 1518'F'
GR: All prumrlslntis of the MnWmdun are self- Ernst[tuLlnrl}
exccutary.
A slate wherein all government autl11:llrit3" emanates
Eatienaler A enntrargr rule would 811.-*e Me legislature from the people and is exenzised by representatives
discretion to determine when DT whether, they shal] chosen by the people. Mlissenting [Trplnisn UI justice
he elTer:ti1.fe. These prnvisinns would be s1.Lt:lrJi'dlnated Puma, T-l:l»fenr:l'na p. csafstsr; an Hs. 148334, jsnuuay
to the will of the lawmaking body, which could make 21, 28-84]
them entirely meaningless by simply refusing to pass
the needed implementing stat'ute. (Mantra Prince Hntei -[13-R-14-Bi-1.-5]
u. Gs/i ER 122156, Feb. 51 /9971
1. Durs is a government 5fl.8.ws and not nfmen..
xpt4- 2. Rule of Majnrlqr {Plurality in elections]
3. gecuuntabiliily of public nfticlals
4. in of Rights
5. Leqislatlure eannnt pass lrrepealable laws
UHIVERSITYDF SANrTNTaMAS
3
FAcul_Tv nr CIVIL LAW
II. BASIC CZDHCEPTS
6. Enparaljun of powers All existing treaties nr international agreements
which have not been ratified shall not he renewed at
HUTE: The Philippines is ncnt only a representative ar extended without the enneurrenne of at least nun-
republican state but also shares so-me aspects of thirds of all Wie Members of the Senate. [Sec 4-, Art
lliirectdentcncracjr Mat accords to the citizens a greater xwfr, I SIE? -Eonstftutianj
participation in Wie affairs of the government such as
pea-p]e's init:lati1.re and reFerentlum. the right m Alter the explralion in 1991 of the Agreement
infarmatlcm in matters of public concern, etc. between the Republic of the Philippines and the
Unlted States of America concerning mllitarjr bases,
Cnosiitutianal Autlm ritaria firm foreign military bases, troops, br facilities shall not be
a]]owed in the Phllipplnes except under a n-eanr duly
AS understood and practiced in the Harms regime concurred in by the Senate and, when 1:he Congress sb
under the 1I!E|"I"3 Em1stltu1:irJn, it is the assumption of requires, ratified by a majorltjr of the 1.-'otes cast by the
exwaaMi]1aw powers be' the Presldenl including people in a national referendum held for that purpose,
legislative and judicial and even cnnslimenl pnwtrs. and recognized as a treaty be the other contracting
State. (Ser: 25, Art xwfr, res? t`.'onstlt1.'taon}
Eumuatihilitv of mnstitutinnal autlmritarianism
wl h a republican state Pnlir'ip*» of *lu* smart- nn tllp [ullnwil11!w
Ennstllut:l0na] autllunritarianlsm is mmpatlble with 3 1. Working women - 1981? £'onstlltr.rl'fon, See 14, Art
republiraii slate 1r the Ennsti11Llil:ln upon which the XIII: "The Stale shall protect working women 111.*
Executive bases his assumptlnn of power is a providing safe and healthful working l:onditlons.
legitimate expnesszinn of U18 pe11l:']e's will and if due taking into amount their maternal functions, and
Executzlve who assumes power reselled his affine such Eaeilltiea and opportunities that will
t]1n:1ugh 3 valid elecliun l:l].r tllie people. enhance their welfare and enable them to realize
their full potential li1 the serv1r:e of the nation."
*Iran* pnlinf nil war
2. EcMngy - ISIS? L'nns'nmnan, 5'-er; 16. An: H: 'The
The State l'E'lfllIILlllcE'3 war as an instrument of national State shall pmte-l:t and advance the right of the
policy. [Sea 2, Art IL I98? Eon5tllrr.rLlnn} people and their pasterlty m a balanced and
healthful ecology in aecnrd wllh the rhythm and
HUTE: The Fhllipplnes does not nenounee defenshre harmony of nam re."
war because it is d1.Ltg,r bound ta- defend HE ellizens.
Under Me -l:Ionstil:l.Ltlon. the prime dLLt5.r of die Q: The residents of Tagfuig Eitv brought a
government is m serve and protect We people. complaint before Laguna Lake Development
A.uthoritv -[LLDA] about an open garbage dumpsite
Yntinvf 1"rnl1Trpmp1'1f'i In fly~"larr tlw flfiltpn-"p of a in their eitjr and sought ill closure due to its
state Df war' harmful efliecls on health and the pollution it
brings to the lake. Upon investigation, LLDA
1. 2,l"3 rate of bath Houses discovered that Me Taguig City Government has
2. In inint sesslnn been maintaining the said duntpsite without an
3. 'luflnting separately mer. 23, Are v; I'S? Environmental Eootplianoe Certificate from the
Eansrirutinraj Environmental Haoagement Bureau of Ute noun,
and also found Ute water to have been directly
uma; Even tzltnugh the legislature can declare an contaminated be the dumpsite operations. Then,
existence of war and enact measures to support if. Me LLDA, under RA 4850, issued a 'cease and desist"
actual power to engage in war is lodged, nonetheless, order against the City Government to rompletelgr
in the exer:LLtl1.re. stop die dumping of any form or kind of waste
matter to the dumpsite. Does the LLDA have die
ln¢lrnpflflp11t FnH'i:PJl F'frlflf1L' =mrl a ml=:Tpar-frpp power and authority to issue a 'cease and desist'
Philippines order under RA 4858 enjoining tbe dumping of
garbage in Taguig City?
The State shall pursue 311 independent foreign policy.
In 113 eeladdns with l::Lher states, the paralndunt A; TE. In the exercise, therefore, of its enpness
eunsideratlnn shall he natlisnal sdvereig:l'1l1.r_ terrltnrial powers under lLs diarter as 3 regulatory and quasi-
1ntegrltl.r. national lnteJ'esl. and the right in self- Judlc1a] body with respect to pollution cases in the
determination. l'.S'er:'. F, .l4.rL H, we? Eansrltr.rlt[l:1n} laguna Lake region. the authority of the LLDA to issue
a 'cease and desist' order is implied and need not
The Phillppineg, cnnslslenl wllh the national interest,
necessarily be express. Moreover, the immediate
3dapw and pursues 3 policy of freedom from nuclear response to the demands of "Me necessities of
weapons in ill ter1'itar'.1.f. ['her; 8, .urL H, I98?
protecting vita] public interests' gjnres 1.rltalit'y to die
Eunstltutahnl statement on ecology embodied in Art. II, Sec. 115- of
the Constitution which pro1.ddes: The Etate shall
HUTE: This per fains to use of nuclear weapons and
protect and ad1.-'anoe the right of the people to a
not nuclear source ofe nervy.
balanced and healthful ecology in accord with the
202 1 EDLDEN NIJTES 4
PDLITICAL LAW
rh3,-'thm and harmony of nature. As a en nstilllliunallg-' F-im*.lil1Llrinnal n r n v i i i n n i n tranw-'4rpflr1r in

guaranteed right of every person, II carries the m=\ttpr'=a-1fnl1h1i=" -"rfnlfwn 12000 BAR]
cnrrelatlve duty of nun-impalrmenl.
The 1983 Er:ulstitutll:m provides for a l:"alir:!.r of
Hence, the issuance of the cease and desist order by transparent in matters of public interest:
die LLDA is a proper exercise of 113 power and [D-I-R-Saln-A)
autho rltjr under 113 charter and in cionsonancie wld:
the declared policy of Me scale to protect and 1. Policy of IiLill puOli-c llisclosure of government
promote the right to health of the people and instill transactions. l"198? C'onstitutilon. Art. IL See 28]
health consciousness among them fLoguno Lobe 2. Right to lniormation on matters of public
Development Authority v. EA, be. No. 1101284 Mercy concern. [I98? E'onstitution. Art. m, Sec. re
16, /9941 3. Access to the Records and books of account of
the Congress. I'/9'8? Eonstlltr.rrion, Art. 1.-T, Sec. 28]
3. The symhnls afsmtehand - Flag of the Philipplnes. [2001] Ear]
(I98? L'-nnstfrutinn, .4.rL MI Eau; 1] 4. Submission of Statement of Asse13, Llabllitles,
and Net worth [S8].JEQ]. {I9BF Eonstitur.for1, Art
Name of 812 r:mln1:rjr. Nat:l0na1 An1j'Lem, and Xi',5'ee. I T ]
Nalin nal Seal. [I98? £'0::lsNIu tiny, Art X1-'I Ser; 2] 5. g mc to information on foreign loans obtained
or guaranteed by the government n e a r
4. Culture! m[n4:1».r'.l'U.es - Rer:ngnll1l::ln and Prlnmntlcm ti'onstltution, Art XIL Sec. 21]
of Rights cif Indigenous Eulmral Enmmunitlei
MSIE? (:'ansntutinn, At; IL Ser; Z2,T 11994, 1996 HDTE: These prnvlslnns m1 public disclosures are
EAR] intended to enhance the role of the ci1:lzenr3'" in
gcvernmenlal decision-maldng as well as in checking
Protection of Ancestral Lands of Indigenous abuse in government. al-T"rlmente of. 8elmente, ER Ne.
Gcm1mLLnll1es. [I982? Ennstirutiniq, As; IH, Ser; _'in F4939 February In 1989]
Application of Principles afégrarlan Reform and Right ul'Parenl3 m Rear their Children
Stewardship- to Indigenous Communities and
Landless Farmer; l'I 5l8:F Ennstitutfnn, Art XML The natural and primary right and dutj,r of panenls in
5ei-:.6} the rearing of the 1.fau'Lh for civic efflcienqr and the
deirelcnpment of mural character shall receive the
Prexervalinn and Development of the Allure, support of the Government [Sec 12, Arc IL 1 S1EF
Tradltinns, and Inslit*1.Ltlm1s of Indigenous Enr1st{tucinn}
Gnmmlinlties. {I§!8'.7 Eonstitutinm Art IFE Sen IF]
HDTE: The rearing of' children [1.e., referred to as the
5. Science cmd' technology - Priority to Education, "1."oL1rh"] for civl-c eMcienqr and Me development of
Science and Technology, art; Culture, and their moral diaracter are characterized not only as
Sports. MSIE? £'onsII£1.rtalon, Art H, Sec. 1?} '[1I5lI!J2 l parental rights, but also as parental duties. This
1994 Bar] means that parents are not only given the privilege of
exercising their authorlt§.r over their children; they are
Development of natlrmal talent mnsistlng of equally obliged to exercise this authority
Filipino 3clent1513, entrepreneurs, l:lr1:l-Eessil:lnals. conscientiously. For indeed, it is during childhood that
managers, high-]e'.rel technical manpower and minors are prepared for additional obligations to
skilled workers and erafamen. runs? society.
£'nnsnltutllan, Art HL5-ec. I-4]
"[T]he duty to prepare me child for these [obligations]
Mandate un edufati-anal ilusdtulinns. 11§rs:* must be Dead to include the inculcation of mere!
L'-:m5:Ntutlan, .4.rL xna Ser: 3] standards, religious beliefs, and elcmenu of good
citizenship." "Thls aMrmatlve process of teacl'Llng,,
Priority to research and develepmenL lnventinn. guiding, and inspiring by precept and example is
innavatlcm of science and le1:]1nn1-ngr. l"198? essential to the growth of young people into mature,
Cnnstlmtlan, AM my See JW socially cesponslble c1t12.ens." (SPARK Et. of. vs.
Quezon E'it_l"l GR No. 225442,Aug r.rst DE, 281 F;
In1:enl:i'u\es, tax deductions, and sehnlarshlps to
encourage private partlcipalinn in prcngrams of Q: Three cities in Metro Manila passed ordinances
ball: and applied 3=l:len1:iEc research. l"198? that impose curfew an minors in their respective
£'nnsnLutlan, Art DIE Sea II] iurisdietioos. Petitioners argue rjlat the Curfew
Drdioan-ees are unconstitutional because ljseyr
Encouragement of widest partlcipatlrm of private deprive parents of their natural and primary right
groups, Inca] gnvernmenm, and nrganizatlnns in in rearing tile youljs without substantive due
the generation and utlIi2a1:ian a-E silence and process. [s the petitioners' contention proper?
techno]-ngr. l"198? E'l:m:titun4:rn. Art. XIV. Sec 12]
A; ND. 'll'l.FTLlle l:+arenl3 have due prlmaryr rule in child-
nearing, it should be strewed that "when aL't:lans
5
II. BASIC CZDHCEPTS
concerning the child have a pelaticin to the pul:IL1c nnmlitutinflal Dlrnvi*aiun1 whirh lpn'=urp civilian
welfare or the well-being of the child, Use State may suulznmana
act to promote these legitimate interests. Thus, in
eases in which harm to the physical DT mental health 1. By U1e installation it' the President, the highest
of the child DT to public safety, peace, tlrder. ar welfare r:11.flIian au Ninritg.", as the eummander-in-chlef of
is demonstrated, these legitimate state interests may all the armed forces of the Phillpplnes. ,[JREF
override the parents' qualified right to central the EnnstJtr.rt[nn., Ari; WL See: IE]
upbringing of the r child ren.
2. Though the vequiremenl that members of the
AS our Eanstltutlan il3elf provides, die Stare is AFP swear to uphold and defend the
mandated to support parenlx in the exercise -of these Ednstltulinn, which is the fundamental law of a
rights and d'LLtle& Slate au1j'LrJrit3." 15, theretnne, not r:11lrll government l"198? Cnilstitudnn ArL WL
eJ»:r:ILI3lve of, but rather, complementary to parental Ser: 5. Fur: la
supervislnn
NDTE: By -civilian supremaqr, it is meant that L'l'.ri]1an
It should be emphasized that d'Le -Curfew Drdinances a1.Ltha]'il3f is, at all times, supreme use: the military.
apply only when the minors are net- whether [2DD3, 2008, 2009 BAR]
act1.Lall_=,r or constructlreljir- accompanied 're their
parents. This serves as an explicit recognition of the Mandamrv mnditinn of militant scnficcs m
State's deference to the primary nature of parental -'lffmri Igor' 'itatf
authorlrj,r and the importance at' parents' role in child-
rearing, Parent are effectim-'eip" given unfettered Une cannot avoid eornpulsory military servir:e by
autho]'i'cjlr over their children'S conduct during curfew invoking one's religious eonvietions or by saying that
hours when 'Lhey are able to supervise them. Thus, in he has a sick father and several brothers and sisters to
al] actll.Lalitj.f. Lhe only aspect of parenting t:hat the sup port. Accordingly, the duty of government to
Curfew Glrdinances affects is the parents' prerng,at:l1.re defend the State cannot be performed efxeept through
to allow minors to rcmaln in puhllc places without an arnly. To leave the organization of an ariny to the
parental accompaniment during the curfew hours. will of d'Le citizens would be to make d'Lls duty to the
[SPARK FL of us. Quezon cry, on Ho. 225442, August Government excusable should there he no sufflelent
s, 2:11 ?} men who volunteer to enlist therein. The right of the
Eovernnient to require oonlpu lsory military service is
lncumuraljan Clause a eonseq uenee of its duty to defend the State and is
reeiproea] with Io duty to defend the life, liberty, and
The Fhili pplnes a d a p t the generally accepted property of the citizen. {Feopl'e v. De Sosa, on No. L-
principles of international law as part of the Law of the 45892-93, jury 13, 1938]
land. fl98? Eon:titut1'nn. As; H, Sen 2] [Sum discussion
under Pubic Inrernariunnl'Lnwj Snparatinn it' Churdx and Slate
llncIzrine of lncurpuratinn 1-fs. Ductrinc at Prmrisimls up the Cum&mtiun that nppnrt Un:
Inuunumuunn principle niscparatiun of Church and State:
1. Art m, Sec. 5: 'Na law shall be made respecting

an establishment of cellglon, or prohibiting the
free exercise thereof The free exercise and
Generally' Rules enjoyment of religious profession and worship,
accepted international law w1U1oILlt discrimination or preference, shall
principles ul' :II Liu: par 5-£' l'ore1.re1' be allowed. No religious test she]] be
international law binding upon the required for the exercise of civil or political
form part of the Slate Iiul:\nusl: rights."
law of the land: no first be embndled
Definition 2. Art 1-"L See. 5.f2'_,T: 'The party-list repreoentatlves
legislative action m Ieglslatiun
is requlned to enacted bl.* shall -eonstltute twenty per oentu:rn of the total
make Mem lawmaking budge number of' rep1'esentati1.-'es including those
applicable in a lid under the party llsL For three CDll3*EI2Lll:i'llI'E terms
euunlrjr transformed i:l'llD after the rat:IF1eat:lon of this Eonst:ltl.Ltion. ene-
mu11iclpaTIaw hanf of the allocated to pa rrjx-llat repreoentatlves
shall be fi]]ecL as provided he law, he selection
or election from the labor, peasant, urban poor,
HBTE: The fact that the intematlnnal law has been
indigenous cultural eommunitjes, women,
made part of the Jaw of the land dues Jmt by any
youth, and such other oeetl-ons as may he
means imply the prlmaqr -of inle1']1atln]1al law lII'l.I'ET
provided by law, except the religious sector.
natlnnal law in Wie municipal sphere. {PIFulJ'lp M3m'.'q,
Inf: v. Go ER. Na 91332,j'LII..l.-' 16, I993;
3. Art IX-CL Ser; 3151: 'Reglster, after sufficient
publication, political parties, 1Jrganlzatil:lns. Di"
coalitions which, in addltinn to other
PDLITICAL LAW
l'Eq LliTE'M'E]"lE., must present their platform, or nfstrlct 11eul:l'aIit'y, or what justice Earpiu Defers
program of g1J\l'E'l"lf\TlZllE'lfl[: and accredit citizens' to as the second Maury nfgavernmenlal
arms of Me Commission on Eleetlons Religious neutrality.
denominations and sects shall not be registered.
Those which seek to ar:hle1.-'e their goals through El- Strict 5'apamIInnE.'t - The estal:l-lis]'Lme11l
violence or unlawful means, or refuse to uphold clause was meant to pmleel the Stale from
and adhere to this Constitution, or which are the -l:hllrt]1., and the 5tate's haslility towards
supported by any foreign government she]] rellgiun allows nn inleraedfin between the
likewise be refused registration. Financial two.
contributions from forelg;l1 governments and
their agencies to political parties, organizations, b. Etrlrt HeutmHt}rAppJf'oar:'J'J - It is not hostility
coalitions, or candidates related to elections, towards religion, but a sl:rit't holding =Lllat
constitute interference in na1:iona] affairs, and, religion may not be used as a basis for
when accepted, shall be an additional ground classification for purposes of governmental
for the cancellation of their registration with the action, whether the aetl-on -confers rlgbis or
Eonimisslon, in addition to other penal:ies that privileges or imposes duties or obligations.
may be prescribed Br law..' Elnly secular criteria may he the basis of
government action. It does not per:mit; rnueh
XPHS to the principle are the fallnwlng pruWslmls of I xx; require aocomntodation of secular
the El:mstllut1 on : prog;ran'Ls to religious belief.
1. APL 1.-T, See 28l3}: 'Eharllahle l]1.stltuIt:luns, 2. Benevolent l'1'eutrolft}r Approach [2016 BAR] -
churches and pgrggngggg or 'DClllllll"ETll3 The "wall of separation' is meant to protect the
appurtenant thereto, mosques, nan-pmtll ehurldi from d'Le State. It believes that with
1:emeterles. and a]] lands, buildings, and respect to governmental actions, aoeommodation
lmprn1.remenls. ar:lllall],r. dlreell.§.I'. and exclusively of religion may be allowed, not to promote the
used for religious, l:h.=aJ':italJle. or educational got-'ernment's favored form of religion, but to
purposes shall be exempt from taxation." allow individuals and groups to exercise their
religion without hindrance. [Estrada u. Eseritoe
2. Art VL See 29,r2,r: "No public money fit' properly AH. No. p-ea-1651, June .?2', 2000}
shall be appropriated, applied, paid, or
employed, d1 net'tl],r or 1ndlrectl}l,r, for the use, HDTE: In the Phiiipplne context, the Court
benefit, pr support of any sect, church, categorically ruled that, "the Fiilpin-o people, i n
denomination, sectarian institution, or sjrstein of adopting the III:onstltutlon. manlfesoed their adherence
neiiglon, or of any priest, preacher, minister, or to the benevolent neutrality approach that pequipes
other religious teacher, or dig;nltar.l'f as such, accommodations i11 interpreting the religion clauses."
except when such priest, preacher, minister, or [E5'LI"adl:! u. FICHEQH Fore.)
d1gnitar.'l'r is assigned tp the armed forces, pr to
anj.f pena] institution, or government orphanage Hinds of ancummndatinn that result from free
or leprosarium.' [1IJ{J2, 1997 BAR] exercise claim
3. Art XTF1 Sec 3f8'_t: "At the option expressed in 1. .F-lander-ory - Those whleh are found la be
writing by the parents or guardians, religion oonstjtulio nallyr compelled, je required by the
shall be allowed to be taught to their children at' Free Exercise Clause,
wards in public elementary and high schools
witliln the regular class hours be instructors 2. Pem1l5s'lve - Those whdeh are disenetiunary ar
designated or approved Br the religious legislative, it. nut reqLLlred by 1j'1e Free Eater-else
authorities of 'Llle religion to which the children EIause;and
or wards belong, without additional cost to the
Government' 3. P'ruh-ibited - Those which are pmhlblted by the
religion clauses.
4. Art DIE Ser; 4.l!'2]: 'Educational institutions,
other than those established by neiigilous groups NDTE: Based DTI. die foregoing, and after holding Mat
and mission boards, shall be owned solely by the Philippine Gonstitution upholds the Ee11e1.roIent
citizens of the Philippines or corporations at' Heutl'alit3" Doctrine which a]]-ows for accommodation,
associations at least sixty per centum of the the Court laid down the run that in dealing with cases
capita] of which is owned by such citizens. The involving punelyr conduct bas-ed 011 religious belief, it
-Congress may, however, requlne increased shall adopt Me EMC-Co eIling sum intcfwsr new:
Fi]ll:'1no equity participation in all educational becaux it is most i11 ]ine with the benevolent
institutions." neutrality-amommMation. fEstmdo u Exciton AH. P-
82-16.51, june22, 264)
The:-aries an Lhe scparaliun of church and state:
Difference betwc-en htandatnrw' accommodation,
1. Sepamtfnn Standard -.- May take the Form nfeither Permissive arcummudalinn and Pruhibilned
[a] strict separation nr [b] Lhe tamer verslinn
7
II. BASIC CZDHCEPTS
attempt of the Slate to regulate nr prohibit such right
would be an unenn51:itutlana] em.'mal:hnlenL
Basis' an-d' .4 action Taken
When Means that Results when The huldlng of Eathalle masses at the l:lasenleJlt of the
religious 'l:]'LE' start: We Erfurt Ends QE Hall of lustiee is merely a case of aeenmmadatlen.
conscience may, but is nu basis Fur a Flrst, there is no law, nrdlnanee ar elreular issued by
oonllit'13 M81 not r e qtdne d mandatory any duly constitutive authorities expressly mandating
3 government to, Hffflnlmfl' accnmm-adatinn that judiciary emf]-ayrees attend the Catholic masses at
obligation or date or it the basement.
pnohlbitlon, religious determines that
The govern interests. Wie legislative Second, when Judir:1arj.r employees attend the masses
rent aecnmnnldatinn to profess their faith, it is at their own initiative as
sometimes runs afoul of they are there DU their own flee wil] and volition,
Jnay h a v e I I I Wie w it h o u t any ooerclon f ro m t.l1e judges or
give way. This establishment adml n1§t'F'atl1.re oflie'e1s.
al:l:on\ml::da1:io or the free
-n or:eLLrs exercise clause. Third, no g-o'u'ernnlent Funds are being spent because
when all three In this ease, the the lightings and air-conditioning oontlnue m be
eondltions of Court finds that operational e1.-'en if there are ND rcligio us rituals there.
the compelling establishment Fourth, 'Ll'Le basement has neither been converted into
State lntenest concerns a Roman Catholic chapel n o r has it been permanently
test are met prevail over appropriat ed far the e1ccILlslve use of IM faithful. FifLh.
potential the allowance of the makes has not prejudiced other
accnmm-adatinn religions.
interests.
h] HU. The basement of the QE Hall -of IILLstll:e is not
HUTE: The purpose of accnmmadatinns is m [*ETI'lD'l.l'E appropriated, applied DT employed fur the sale
3 burden un, or Facilltate the exercise of, a per9cln's or purpose nfsuppurting the Roman Eadmlics.
instjtulin n's religfms.
The basement is also being used as a public walling
Q: In his letters addressed m Chief Justice Woo, area for most of the day and a Jneetlng place for
'ialenciano reported that Me basement of the Hall different employee organizations. The use of the area
ofjusticle of Quezon City had been convened into a for holding masses is limlled to lunch break period
Roman Catholic Chapel, complete with offertory from twel1.re {12] o'c]ock to one {1] o'clock in the
table, images of Catholic religious icons, a canopy, afternoon. The masses run for just a little over thirty
an electric organ, and a projector. 'Fialenciano [3111 minutes It is, therefore, clear that no undue
believed that s u d practice violated the religious bias is beln8 committed when the subject
constitutional provision on the separation of basement is allowed to be temporarily used bj.r the
Church and State and the constitutional Eathollcs to celebrate mass, as the same area can be
prohibition against the appropriation of public used by other groups of people and for other
money or property for Me benefit of a sect, purposes. Thus, the basement of the QE Hall of lustioe
church, denomination, or any odier system of has remained to be a public property devoted for
religion. 'Fialenciano also prayed that mies he public use because the holding of Catholic masses
promulgated by the Court to put a stop to tile therein is a mere incidental consequence of ils
holding of Catholic masses, or any other religious primal],r purpose.
rituals, at Me 0c Hall of [ustice and in all other
halls ofjustioe in the country. What 1j'Le law prohibits the use of public money or
[a] Does die holding of masses at Ute QE l-[all of property for the sole purpose of benebtlng or
]ustice violate die principle of separation of sllppoi'ting any church. The prohibition contemplates
Church and State? a scenario where the appropriation is primarily
intended for the furtherance of a particular church. It
[b]. Was there a violation against appropriation of does not inhibit Wie use of public property for
public money or property tor thc- benefit of al:l].r religious purposes when the religious character of
sect, cllurcll., denomination, sectarian insljtution, such use is merely incidental to a temporal],r use
or system of religion? which is available indiscriminately to the pn.Lb]1c in
.II\.: general. (Re: Letter of Tony QL ifaienciuno, Holding of
Reiioious Rituois at the Holt of justice Building' in
a] run. Allowing the -citizens to practice their religion
Quezon Dig.", .-of. No. 10-4--19-SC, March F, 2aI FJ
is not equivalent to a fusion of Church and State. The
State adopt a policy of accormnodalzlon as a
recognize:lon that some governmental measures may
I "*'!*'|=l"l\'
not be imposed on a cectaln portion of the population
for these measures are contrary to their religious Supreme and uneuntrn liable power inherent in a State
beliefs. As long as lt can be shown that the exercise of Br which the State is governed.
the right does not impair the publjr: welfare, the
s
202 1 EDLDEN NIJTES
PDLITICAL LAW
r.h-1 ra-:tpri'=al'ir°= cut Fin1tfrpi;811w States] from directly DT indinectljr intervening 'in the
internal DT external affairs of other States." The Court
1. Permanent; wenton to clarify. however, that for an intervention to
z. Ex-l:l1.l.§lve; be prohibited, it must impinge en matters that are
3. E1:l-n1Lp1'ehe11sl1.re, dice-ctly within a state's sovereign rights. These
4. Absolute; include the choice of a poilticai, economic, ar soda]
5. IndiWslble : and cultural system and the creation and formulation
5. Illallenable, and of foreign polis.-'_ An intervention is, therefore,
T. Imprescriptible. (Laurel P. !lfllsla, ER. He. L-489, "wrongful when it uses med'Lods of coercion in regard
Jan. 30, 1549; to such choices, which must nemaln free ones"
unmarked be any evidence of coercion which would
be ev] hence of a prohibited lnterventlo n.
In Demaeratic Repuhfla at the Eaaga be Uganda, the

..._ 5t.aLe8'. 3|.1l'i1.»£J1.1- Capaciigf' u: ala."
IEJ"I. affirmed Wal are Nicaragua Decision had "made
m govern 3 slate m EWU 01
it deal' that the principle of nan-intervention
embraced in the acquire
p-ruhiblls 3 Slate 'la intervene, directly nr indirectly,
concept :of l:lrw:l-l:»ertjl.r. :m aim ar without armed farce, in support of the
S[!l'l.l!'El'E'lElYI['j,l!, in-cludes Hung H.-Jk 1.
internal nppasiti-an within a 5tate.'
passing ]i`l'."."5 DoWd, EH. ac
Dwjinftfnn governing a terrlicu -9, L-30382 D81
and Ehcnent m a i n ta i n i n g peac <1 15921
and order mer it, am LI
defealjng it agalnsi Doctrine n f State Immunity'
fu-re"{gl:1 imraslun. (Le
Hung Ha-I f 'UL Dune: The Stale may nut be sued w11:h::l1.Lt i13 consent. runs?
my. HD. L-30382 nm Enrlstftu Hum Art kw, Sec. 3]
239 I9'l72t
Basis cr the Doctrine ufitatn [mmuniw
NDTE: Sovereignty is deemed absolute, subject to
rest1i+:t1l:ms and limitations. 1. IndIscriminate suits against the Slate will impair
113 dignity and supp-used lnf3llibi]1ty.
[imctrine of Auto Limitalian
z. Per lusline Holmes, there can be 110 legal right
While smrerelgntg.-' has tradltiunallg.-' been deemed against the audlllrit'.!," which makes the law D11
absolute and all-elicblnpasslng on the domestic level, which the rlghtidepends.
lt is however subject to t*esi:r1et1l:lns and limitations
1.r-nluntarllg.-' agreed to by the Philippines, exprlessiy DT 3. If it was ntJlel'wlse, government 3-ervice may be
impliedly as a member bf the Eamiljr efna1:lens. severely abstrLL1:led and public safety endangered
because of the number of suits that the State has to
The sl::vene18r1t§l," of a state t'J'Lerefl::re eannat i n f a r t and defend against.
in reality be considered abssdute. Certain restl'i-l:1:i-uns
enter intl: the picture: [1] limitations imposed by the ER: All stares are sovereign equals and cannot assert
v e r y namre of membership in the family of l:latl1:»ns
iurisadiclion over one an-other, consonant with the
and [2] Iimitadens imposed by tneaq"- public international law principle of par In parer non
stipulations. [Minds u. r4ngnra'. GR Nu. 113291 May hnhet imperJ!r.rm. A contrary disposition would "unduly
2, 15l'5l'L7j vex the peace of nations." {Al'[go v. swap.; as. No.
20651 et September Iii 2814]
The head of Slate, who is deemed the persnnllicatlnn

of the Slate, is 1n1.-'1ulab]e, and Il11.Ls. enjoys immunity
The United Nations has repeatedly clarified Mat states
are strictly prohibited from intervening in the from sl.LiL .HUEMAE Philippines If: mun; ER. Ha.
domestic affairs of other states, most famously in 108818, Den 1.5, 1994]
Article 2.4 of die UH Charter, which prohibits the
threat ar use of force against the territorial integrity Likewlse, public -]fEr:lals may nut be sued Eur 3:13
ar political independence of another state. The non- dune in the perfnrmanoe of their nfticlal functions Ur
intervention principle, however, is not sin1pl8,-f wit.hl11 the scope of Uneir authu1'it3-'_ l"DOH' u. Phil
restricted to situations involving use of force, am of PJ'1urml:!weuJ't.*1. Ina, ER Na 182358 Fehrumgr pa.
aggression, or armed conflict It has been l"l.Lrdler 2813]
clarified by the International Court of Justice to
include the concept Uiat a state cannot intervene in a NDTE: The rule is d'Lat if the judgment against such
dictatorial way in the inte1':llal affairs of another slate. nftielals will require the stale user to perform an
affirmative act to satisfy the same, the suit may be
Within 818 Nlbamgua Deflslan. the IE] declared that regarded 33 against the state itself although lt has nut
the principle precisely forbids all States [Ur groups of
9 UHIVERSITYDF SANrTNTaMAS
II. BASIC CZDHCEPTS
been EnrmaLljr lmpleaded. (Garvin II Chlefaf .S'tq.III ER. EI. Genera] law
Na. 1.-202131 ,lanuarjr 31, 1566] l. Act No. 3883 and 151132? as amended by
Secs 49-SD, PD 1445 - Money claims
KPN: A Slate play be sued if it gives consent whether arising from contrar:t.s which could
cxl:l1'ess cur implied. serve as a basis of r:11.fll action between
private parties to be llrst Filed with [LD.
Q: The U55 Guardian of the US Navy ran aground before a suit may be flied in court. The
on an area near the Tuhhataha Reef, a marine CIA must act upon the claim within i5-0
habitat of whidt entrjr and certain human days. Rejection of the claim authorizes
activities are prevented and afforded protection the claimant to elevate the matter to the
be Philippine laws and UNELD5. Bishop Arigo of Supreme Court on r:ertioro.r[.
Pala van filed a petition for the issuance otlWnlt of II. art 2180. NEC - Tort oommltted h].r
lialikasan and impleaded US officials in their special agent;
capacity as commanding officers of the us Navy. i1i- Arr. ares, NEC - Lulls liable for iniurles
He argues Mat there is a waiver of immunity fl'om or death caused by defective oonditl-on
suit In-und in The visiting Forces Agreement [UPA] of roads or publlc works under their
between die US and tbe Philippines, and invoke co ntrol (one of MonHo u. Teotieo, et of,
Iederaj statutes in the us under which agencies of on No. r.-23052, lonuorj." 29, 19631:
the U5 have statutoriljr waived their immunity to iv. Ser: 224"2,T, RE. Fran Loc 0//951 _ LEU3
any action. is he correct' have power to sue and be sued, and
v. See. 24 of LGE - LGlls and their otllcials
A: am. The EFFA is an agreement which defines the are not exempt front llabilltgl.r for death
treatment of United States troops and personnel or injury or damage to property.
visiting the Fhilipplnes to promote "l"lJlfl'llfll'llIITll ser:urltl.r
interests" between the U5 and the Philippines in the NUTE: The express mnscnt of the Slate to be sued
region. The invocation of LIS federal tort laws and m1J5t be embodied in a duly enacted stature and may
even t1]lfll'IlMl'J]1 law is thus improper eonsiderlng that lt not be given by a mere counsel of the gn1.reJ'nn143J1T_
is t.l1e 'UPA which governs disputes involving US l"Repr.rhHc of. Pulp1!sllml:l£ ER Na. L-35084, Aug. JI, I5l:??j'
military ships and Cl:*E'W' navigating Philippine waters
in pursuance of the dbiectiues dl' the agreement. Q: Kiluson.q Moghubuldd fig Piiipfnns [HMP]
I-ldwever, the waiver of5tate immunity under the vim members clashed with the anti-riot squad which
pertains only to criminal jurisdiction and applicable resulted to 13 deaths and several casualties.
only to us personnel under YFA and not to special Thereafter, President Eorazon t. Aquino issued
civil actions such as tile present petition for issuance an 11 creating the Eitinens' E4-'lendiola Commission
of a Writ of lfolikason. The principle of State immunity to conduct the investigation about the incident
therefore bars the exercise of uris-diction br this The commission recommended compensating the
Court -o1.rer the persons of the us DMcials. [Àr.[go Lt victims. The petitioners [Eavlao group] together
swift, is. No. 2065/0 September 16. 20141 with the military personnel involved in the
Hendiola incident instituted an action against the
Wawhin9aMnthtr pnhlir v¢"i'41'l'~1 n{anr»liv'r =.tab= Republic of the Philippines before the trial court.
npl=lr=1fpd Inr nnn-mmmp1'Tia1 pu1"pn'ip4 Respondent judge Sandoval dismissed the
complaint on the ground of state immunity fl'om
Immune from jurjsfdicticum because their are the suit. Petitioners argued that the State has
"Mating tet'J'it4:lr.1.r' of the Hag Stare impliedly waived its immunity from suit with the
recommendation of tbe Eommission to indemnify
GE; Crew members are immune from local tJle heirs and victims of the Mendiola incident by
jurisdiction when an share duly. the government and by the public addresses made
hr Lhen President Aquino in the aftermath of the
KPN: When they vlolale local laws while on furlough kill ings. [s the argument merito rio us"
nr off duty. [NuM um, Define Reviewer In Wliticnl
Law, p. ETH A; HG. The actions of President Aquino cannot be
deemed as 3 waiver of Stale lntmunitlr. W'hate'l.-'er acts
RI:-mcdv of a person who Icels aggrieved be me or utterances that then President Aquino may have
a-"re of: P\rri.F'[I. i"1u'prmurnt done or said the same are not tantamount to the State
having waived 113 immunity Erom suit The Pnesldent's
Under bath Public International Law and act of joining the marchers, days after the incident,
Transnational Law, a person who feels aggrle1.-'ed by does not mean that there was an admission be the
the arts at' a foreign sovereign can ask his own State of any liability. Moreover, petitioners rely on
government to espouse ]'Lls cause thnoogh di'l:lllomatle President Aqulno's speech promising t.hat the
channels. [Holy See u. Rosario, 6.8. No. I015r48, government would address the grieuan-oes of the
December 1, 19941 ra]]1.flsLs. E1.' this alone, it cannot be inferred that the
5tate has admitted any liability, much less can it be
Fnrfwa ui »:nn'apnt inferred that it has consented to the suit. [Republic u.
Son-dover, as. No. 34591 March 19, I5l98'jl
1. Ex.pr85' consent
202 1 EDLDEN NIJTES II]
PDLITICAL LAW
b. 5pel:ia] law HCITE: In exemising the power of enlinenl

l. 81.f virtue of PD 1628, die grant of donlain. the Stare exercises a power jure l`mperi.l'.
immunity to IRRI is clear and Tel, it has been held that where properly has
Il.Lnequ11.rm:aL and an express wa11.rer bl.' been taken wi'L'.hout the payment of just
18 Director General is the 0]11.'," way b1.' oonlpensalion, the defense of lnlmunlu fn;~n1
which it may relinquish or abandon Unit suiteannot be set up in an action for pa.',rnle11t by
immunity-'_ l[IE'n'Had'n, v. ma.; as Na. Lhe owner. {Repr.rblIie v. Sand'I,gon.boyon. GR. No.
Il5l64E.8'. Hl:1_1." 22, 1995; 984?8, November 21. 155/1
2. Impffcd' conken t Q: Du all 1.'l:lntl'al:ts entered into by the gfnfemmnnt

3. When the Slate commences litigation, it n-peratn as a waivernfits in-n-suahililjr?
becomes vulnerable on counterclaim.
['Fr'ollJ'on v. Pon Drientol' .§'hllpping, ER. No. L- A; ND. Disdnctzlon must steel] be made between one
6066. Sep'temBerEQ 1954] which is executed in Me exercise of is sovereign
Mnctlnn and another which is done in its proprietary
Q: in a pnopertjr dispute, the Attorney General el capacity. A State may be said to have descended to the
the United States and the defendant-iotervenor le1.re] of an lndi1.ridua] and can be deemed to have
Republic of the Philippines each filed an answer actually given its consent to be sued only when it
alleging by way of altirmative -defense that the enters into business contracts. lr does not apply
lower court had no jurisdiction over the ctaint where the contract relates to the exercise of its
since the action in that regard constituted a suit sovereign Funcdons. (Department o.,IF .4gncr.riture UP
against the United Sates to which it had not given MLRC ER. Na 184269, Nou. II, 1993;
in consent. Did the Republic of the Philippines by
ins intervention waive i's right of immunity from Whlcn suit is considered as suit against the State
suit?
1. The Republic is sued by name;
A; Tm. The Repuhllr: of the Phllippines did not waive z. The suit is against an unincorporated
its intmunltjf h'dln sulL It intewenM in the case government agent,-' performing propriety
merely la unite vrith the defendant Attorney General functions; and
of the United States in resisting p]aintlfi's claims, and 3. The suit is on its face against a government
Eur that reason asked no ailirmative relief. This is nut officer but the case is such that ultimate liability
a ease where the state takes the initiative against a will belong to the government [Republic UL
private party be Eilng a ed-nlp]alnt in lnterventlnn, Snndounf, no. Ho. 84682 March IN, 1593]
thereby surrendering its privileged pnsltinn and
editing dawn to the level of the defendant but one Q: Spouses Sison sued the Philippine National
where the state, as one of the defendants, nterely Railways far damages Ior the death of their SDI]
resisted a r:]a1m against L: precisely on the ground who fell from an overloaded train belonging to Lhe
among others, of its plrlvileged p-dsiti-dn, which PNR. The trial eoun dismissed the suit on Me
exempts it from sILLlt [Lim v. Erewneil, ds. Hn. I-asa; ground that the charter of the PHR, as amended by
Hnnsii 24, I969} PD 741, has made the same a government
instrurnentalit3.r, and thus immune horn soiL Is the
b. When Stale enters lntn a business contract; dismissal prop-er?
(P-{r.rmlealpaJiljl.= -of Sun Fernando U. Firma, ER.
.H-D. L-521F"9..»1prJ'1' 8. 1991] As: Tm. The PNR is not Immune from suit It did not
remote ilselffrom the operation ofArLs. 1132 to 1'?i56
Capacities uithc State in entelingintfl mnwams of the Civil Code an common carriers. Not alll
government entitles, witether corporate or non-
1. In .jure geslfnnis - By right of EElIITlD]"['il£' DI' corporate, are immune from suits. Immunity from suit
business relations; commercial, 1]l' pmp1'iet3l1,r is determined by the character of the objects for
ar:l3. MAY EE su ED. (us i,'_ Guinta ER. Na F6693 which the en1:it`!." is organized. When the government
Februl:lr}f26, 1990] enters into a commercial business, it abandons 113
sovereign capacity and is to be treated like any other
HGTE: The Slate may he sat-l:i m have deseenOed corporation. In Mls case, the State divested 1LselE of its
to the leye] of an inOlvidual and can thus be sovereign capaeltjf when lt organized the PNR which
deemed to have tar:i1iy given HE consent to be is no different from its predecewors the Manila
sued only when it enters into business Railroad Company. (Spouses Hoiong u. PNRC. on Ho.
eontralzu. Consequently, Me nestrietlve r.-49930, August p. 1585]
applieatlon of Stale immunity is proper only in
such ease. [Restrictive Theory of State lTninf'rrr;1nratpfl i!'11»*prum¢:||r|r aarnw ni.r1nrmil1£!
Immunity from suit] rlfwp1"llmpntal f111'1-"Linn w. nnr- wprfnrmiu9
prnpript=Ll'1' flmrn'=1 in
2. In ,lure imperil' - By right of sn1.rerelgJ1 puwtr and
in the exercise of sovereign functions. Hn
implied consent us v. Ruiz, ER. Na 1.-35645,
.F-l'a..4'22. I9-85]
II. BASIC CZDHCEPTS
The eireum ThE Stale IL judgment

stance that can never against the
.ds a
a State is be hE]d Stare
Immunity has n o t cause-
suable dues liable fit in E3.IZll]1DI: 'Jim'
been upheld in IM guerre
ITHIII necessa- nut suable. 3Ll l :D M 3Il C 3l
ImmunIty favor gfnng.
rily mean l g executed
Definition | been upheld in its Tmnspartutl-an then
that it is
favor
liable.
Duvfd, so:.&
/594923 NDTE: It is one thing to cniiaent to being sued,
analhei' m admit I1abi]itjlr. thus the phrase, "waiver of
Q: Spouses David and Elisea Hamas discovered immunity by tile State does out mean a concession
Mat a portion of their land in Baguio Eity was .of HE Iiabil in."
being used as part of the runway and running
shoulder of the Loakan Airport being operated by "By consenting to be sued, a stale simply waives lu
Air Transportation ~Dffioe [ATUQL The Spouses immunity from suit. It dues nut tJ'Lereb3-' concede its
Ramos agreed to convey the affected portion by l i abi l i ty' [Merritt in. Gniremmerat of the Fhifipplne
deed of sale to the ATE for oonsidecation, which Islands ER. HEL L-I IIS-4, March 21, 1916;
ATI) failed to pay. in an action for collection of
money against ATG, the latter invoked And '|.n.rl1eve '...Iia|:|1liq.r is ascertained Judlciallyr, the
Proclamation No. 1358 whereby in Jeserved rate is at liberty to determine for 1L~»e1f whether to
certain parcels of' land, including the subject satisfy iudgmenl DT naL' {1'-I:.rmr:1paH{.jl.= no' Hrlgonn_u.
portion herein, for the use of the Loakan Airport Hulucan v. Dumdr.rm., or., ER. Na. 168289, Mlzlrarh 22,
They asserted that RTE didnot have any emu ;
jurisdiction to entertain the action without the
State's consent. The RTE and CA dismissed tile Rule In-n the liabilities of the Iulluwing:
petition. -Eao the ATD be sued without the HateS
consent' 1. Public s,Ij\'lccr's- By their acts wlthn ut 'DT in excess
-of iLLrlsd1cl1cln: any iniur3.r caused by him is his
A: yes. An unincorporated governme nl agency own personal liabllitj,-' and cannot be imputed to
wllhout any separate iuridi-cal personality of H! lIIlw'lfl the State.
enjoys immunity from suit because it is invested wpm
an inherent power of sovereignty. However, the need 2. Government agenefes- Establish whether ar nut
to distinguish between an unincorporated the State, as principal which may ultimately be
government agency performing governmental held liable, has given its consent
function and one performing pmprletary functions 3. Etnrernrnent- Dnetrine of State immunity is
has arisen. avallahle.
The juridical character of ATE is an agen-ey of the ln'~1tancp9 wT\pn a nlmlic nflirrr ma? I1-r 1up1rl
government without performing a purely 'd'ithnut The Hu1r-'~1 rnll'ipnI
governmental or sovereign function but is instead
involved in the management and maintenance of the 1. Tb compel him to in an act required by law;
Loakan Airp-om an a4:tlvltj.r that was not exclusive 2. Tb restrain him From enforcing an actclalmed to
prenogatlve of the State in 113 sovereign eapaelty. be uncnnstllutlcnal;
I-lenee. the ATE had no r:]airn to the State immunity 3. To compel payment of damages From an already
from suit. The obligation of ATC! to Spouses Ramos appropriated assurance fund at to refund lax
might be enfoneed against GAAP. our Transportation ever-paj.rmenI.s from a fund already available fur
Dt}?4:'e v. Sass David, ER. Na 159402, Februmj-' 23, 2011] the pu rpnse,
4. To secure a judgment that lethe -]fflcer in pleaded
Suabilinr us. Liahijinr us. Exrcutinn may satlsfjr the Judgment by himself wlthcut the
4
State ]'La1.rlng lb on a p£51l11.-'e acttc assist him; nr
5. Where the government ilselr has violated its
D'll!'llTl laws because the doctrine of State
Depends un | Depends in | Depends un
imnlunit§l.r cannot be used m perpetrate a11
the eunsent appll appzrn iniustlce..
of the State I cable priatlnn
Le be sued funds | by
ER: The true test in determining whether a suit
established against a public nEflr:er is a suit against the Slate is
facts Cgn8r15$
that, if a public aflieer DI' agency is sued and made
liable, the State will have to perform an affirmative
ac: of appmprialing The needed amount nu satisfy
the judgment. Ifijie Slate MII have to de sn, then, II is
a suit against the State.
PDLITICAL LAW
XPH5: inalienable, the Republic, through the USE.,

appealed before the CA but moved four l:il:ne's to
1. The public affix] is ch£1I'l=:.l:d in his nffidal extend the period for filing us appellants brief EA
tapa-l:1tj.r for acts that an: unlau.-lui and injurious dismissed tl1-e la]SG's appeal. The oso tiled is brief
to the rights of utluers. Public uITlda]s are not after ruoiriog to reconsider the CA.'s denial of its
exe mpt, in 1i\eir personal' 4:'.l:l'pl:!ciIjl.*. h'nm liability appeal. However, CA stood its ground on it!
arising l'rl::m am committed in bad faith; Df original -decision. Does the Cl51E's failure to tile the
Repulilie'§ appeal hriefbiud the State?
2. The public nflicial is clearly being sued not in his
cIEfir:ia] capacity but in ]'Lls persbnal capacity, A: NG. As a matter of doctrine, illegal acts of
although the acts cnmplalned of may have been government agents do not bind the Slate, and the
committed while he occupied a public pusiti-un. Government is never estopped From questioning the
{Lansl:m.g u. E.*L ER Na. 1£:l26l5?, February 23, acts of jt3 oMclal5.. more so If t.he],f are erroneous, let
2l5l£J'Ei'] alone irregular. This principle applies in Land
registration ESSES. Certainly, the State will not be
Earnishment ufguwrrnmc-nt hinds allowed to abdicate its authority over lands of the
l:lul:lllr: domain Just because lI.s agents and officers
ER: Whether the money is deposited b:.' way of have been negligent in the performance of their
genera] nr special deposit, they remain government duties. (Republic v. Spa 8-enQ;rno. GR Ho. 205452.
funds and are narc subject in garnishment Mardi TI, 2015;r
XPH: 'l."L"'here a Law nr nrdi11anr:e has been enacted _'I*=4Mi4i1I'I~'1*Ii=IILllI44;

appmpl'iaEng a speeltic amount to pay a valid
government ::II:l-ligatlizm, Lhen the nlonegr can be Doctrine n r Sena ration Ni Puwcrs
garnished.
Leglslation belongs to the Congress, implementation
nom Funds belonging to government corporations, la the executive, and settlement of legal controversies
which can sue and be sued and are deposited vdlh a and adJudiea'l:1-on of rights to Me iudiclary. Each
bank, can be ga1'JllshetL [PNB u. Pnbulon, ER. No. L- department has exclusive cognizance of and is
.3'3//2,june I5. I5|'?8JjI supreme in matters falling within lt.s own
constltut:lona]l3,r allocated sphere. Each is therefore
IE Use Inca legislative authl::rit'.!"' refuses to enact 3 .law prevented from invading the dornaln of the others.
appmpriaijng the money judgment rendered by the
court, the w1n11lJ1g party may file a peiitian Tor PuIp-cr'-w1 of 9l-paralinn -at Fmaevri
mandamus to compel d'Le legisladue authnritgr to
enact a law. [Murlic1pnHI.jl.= of Makati '|.'!. ET, is Hes 1. Secureacton;
89898-99, Uctshsri, I 999} 2. Fu vestall over-action,
3. Prevent despotism, and
The gD\l'El'IIllII'lf'l'llICElllll-Dt be made to pay inteiest in 4. Dhtai n off] r:ienq,r. [Nash urn, Sutlfne Reviewer In
mnnev iudgmeltts against it. except in the PN{itl4:'0f Law, 2:114 Ed., P- .7.EI'j
[4'\1luwin9,1l11t=nr1=~1:
Pewers vested in the three branches of
1. Exe rclse of the pnwtr ofemlnenl dnmaln government
2. Errnneaus cnllectlnn of taxes
3. 'Where gnvemnlenl agrees [D P33-" Interest
pursuant to law
Interpretation
Q: Heantl Lazier hied an action dileciiy in court of laws
against the government seeldng payment fer a {Pow-er of
parcel of land which Ute national government judicial review)
utilized for a read widening project. Ean the
government invoke Me doctrine of non-suitability
of tile state? PI-ca bargaining in d rug -cases
A; run. When the government expropriates properly Plea bargaining operates as a means to implement an
Eur publle IIEE w'lthout' payrlng just euntpensatinn, it endstlng right by regulating the judleial profess fur
eanltot imfuke 113 immunltjr from full. IEltherwlse. the enfareing right am duties 1'eel::gnlzed Br s1.1l:lstantlve
right guaranteed in See. 9, ArL III of Lhe 198? law and for 1II.Lsll.§l.r administering remedy and redress
Enltstimtinn that private property shall nal he taken fur a dlsnegabd at lllEl'aetim:\ of them. {EstJQpanu U'.
Eur public use without just compensation will be LnhHga, ER Na. 226l5?9,.4ugusr 15, 281FJ
vendezred nugataly. {Mimlste.rla if. CFL an Ha. L-3163.1
August .8'I. 19.711 The pnwel' to promulgate nu]es of pleading, praetjee
and praeedure is efxelushre dumaln of the Iudielal
Q: Sis. Bnnignn- sought to register their lat. The department and on longer shared with Me Exee'l.Ltl'.re
RTE granted their al:l:itiunL. A.rgII.ling Mat the Int is and Leglslatlve depar1:menl3. The ada-l:l1:ian of the plea
13
II. BASIC CZDHCEPTS
bargaining framework in Drug -Cases under Section 23 massacre even if he is under the Witness
of Republic Act No. 9165, or the Comprehensive Prullectin-n Program?
Dangerous Drugs Art of 2002 is unoonstll'utlona] for
the inclusion of the pro1.risi-on in the law encroaches A; HG. Eonslstent with the principle of separat:l-on of
on the exclusive constitutional power of the Supreme powers enshrined in the Constitution the Court
Court; {Eso!pona v. Loh'rlgo. ER. No. 22l5l5.?'5l, August 15, deems it a sound Judicial policy not to interfere in the
2:11 F) conduct of preliminar1.r investigations, and to allow
the Executive Department, through the Department of
F""pH1-i nm nfpTf=1 h=l1"*==\iniHI' in few' -"=1"¢p1 justice, exclusively to determine what constitutes
sufticlent evidence on establish probable cause for the
1. Iniposable penalty is Illfe imprisonment or Jife [:lll'D§EE'l.l'[lDT'l of supposed offenders. By we],r of
irnprlson rent m death. exception, however, judicial review may be allowed
2. 5a]e, Trading, et-L of Danorous Drugs involving where it is ole-arl_v established that the public
nth-or kinds ofdangorous drugs, encrypt shaNu and prosecutor oolnmltted grave abuse of discretion, Mat
is, when he has exercised his discretion "in an
marijuana. (Section 5 ol'Rr-:public Act No. 9165, or
arbitrary, capricious, whimsical or despotic manner
the Comprehensive Dangerous Drugs Act 420021 Br reason of passion or personal hostllltg,r, patent and
gross enough as to amount to an evasion of a positive
Q: A group of losing litigants in 3 case decided by duty or virtual refl.lsal to perform a duty enjoined Br
the SE filed a complaint before tbl: Gmbudsmao law."
charging the justices with knowingly and
deliberately rendering an uoiust decision in utter Kenny Dalandag who admitted his participation in 'the
violation tiT the penal laws of the land. Eau the -oonlmisslon of the li-'lagui ndanao massacre was no
Umbudsman validly take eogoizaoee of the ease? hindrance to his admission into the Witness
Protection Program as a state witness, for all that was
A.: ND. Pursuant to the prlnelple of separation of necessary was for him to appear not the most guilty.
powers, the correctness of the decisions of Use SC as Accordingly, he could not anymore be charged for his
final arbiter of all justifiable disputes is eonelushre participation in the Maguindanao massacre, as to
upon al] other departments of the government; the which his admission operated as an acquittal, unless
Dnibudsman has no power to review the deelsions of he later on refuses or fails to testify in accordance
the SE Ba' entertaining a complaint against the justices with the sworn statement that became the basis for
of the so for k.nowingl1.r rendering an unjust deelsion. his discharge against those now charged for the
Hn be: Loureto, no Ho. L-68635, Moy 14, 198?j' crimes. ,l'Ampotuo'n., or., v. De Limo, 5.8. No. 199291,
April 3, 20131
Q: May the RTC or any eeurt pruhihit a eemenittee
tithe Senate like the Blur: Ribbon Committee from Q: Pres. Benign Aquino I[[ signed ED. Na. 1
requiring a p-ersan to appear hefaee it when it is establishing the Philippine Truth Eummissinn, a
eendueting investigation in aid uflegislatiun? special he-:l].r to investigate reported eases ul' graft
and earruptiuo ajlegedly committed during the
A: HG. The RTE DT any court may not do so because Arre y e administration. is ED. Na. 1
that would be violative of the principle of separation eenstitutiunal?
of powers. The principle essentla]]v means that
legislation belongs to Congc'ess, execution to the A; ND. The President has no power te- create a public
Executive and settlement of legal controversies to the office. It is not shared h3,r Eongness with the President,
Judieiar],r. Each is prevented Ei"om invading the domain until and unless Congress enacts legislation that
of the others. [Senate 8iue R111-b4:l-n Eomrrrirtee v. delegates a part of the power to the President, or any
Mnjaducou, ER No. 13969, frriv29, 2aa3] other officer or agency. It is aineady settled that the
Presidents power of clontro] can 0n]],r mean the power
Q: The Panel of' Prosecutors issued a joint -of an oft]-cer to alter, modifier, or set aside what a
resolution based an the aflidavils of Kenny suhondinate ohioer had done in the periormanee of
Dalandag, charging several individuals with his dudes, and to substitute the judgment of the
multiple murder in relation to the MaIuindanao former for that of the latter. As such, the creation Br
massacre. Kenny Dadandag was then admitted to the Pl'esident of a puhllc nth-oe like the Truth
the Witness Protection Program of the DD]. Eomniission, without either a proWslon of the
Petitioner Andal Ampatuan, Jr., one of tlle -Constitution or a pmp-er ]aw enacted Br -Congress
principal suspects, wrote to respo ndeot Secretary authorizing such creation, is not an act that the power
of ]ustice ]]e Lima and Asst. Chief State Prosecutor of control includes. Uifroogo u. The PhfH.np.lne Truth
Fadullon, requesting Mat Dalandag be included in Commission, SR. No. 192935. ? December 2018,
the information t or m ur der considering he 8ersamin, I. separate npinfonj
already confessed his participation i n the
massacre. Respondent refused. Petitioner Ennuarml
Ampatuan then Filed a petition for mondiomus.
May the respondents be compelled by the writ of "PIEIRK BARREL" is political parlance -of American -
mandamus to charge Dalandag as an accused for English nrigln. Its usage may be traced m the
multiple murder in relation to the 1'-'laguindanao degrading ritual of rolling out a barrel stuffed with
PDLITICAL LAW
pork to a multitude of black slaves who would cast '4"erlly. the prlmordia] duty of lethe Court is merely to
liieir famished bodies 1 nto the porcine feast to apply the law in s'LLr:h a way that lt shall not usurp
assuage their hunger with morsels coming from the Iegjslatlve powers by Judjeial legislation and that in
genernsltgr of their wet]-fed master. Thls praetiee was the l:ourse of such application DT ['lIIIZll§CI'lI'III1lIITl, it
later compared to the actions ofArrlerieall legislators should not make at supervise legislation, or under me
in '11,'1a8 to divert federal budgets in favor of their' guise of interpretation, modify, revise, amend, distort,
dlstrlem. While in the Phllipplnes lr was referred as remodel, or rewrite the law, or give the law a
lump-sum, diseretlonary' funds of Members of the :onstruedon which is repugnant to ins terms.
Legislature. Sueelnctly put, the -Court should shy away From
Eneroaehing upon the primary function of a so-equal
Q: Arnog was el.eeted Congressman. Before the and branch of the Government; otherwxdse, this would lead
of her first year in office, she inlllicted physical to an Inexcusable breach of lethe doe1:l'1ne of separation
injuries on a colleague, Camille Gonzales, in the of powers by means of iudieial legislation. l"Eorpuz v.
course of a heated debate. Charges were Filed in People, ER. Ho. 130916, April 29, 2814}
court against her as well as in the House Ethics
Committee. Later, the I-[oR, dividing along party F'riurinlp of Elrnl:'lillpL of P-awvu.
lines, voted to expel her. Claiming that her
expulsion was railroaded and tainted b]." bribery, Refers to an instance when powers are not ennflned
she Tiled a petition seeking a declaration b]r the SC exclusively wlUlin one depa.1'l:ment but are assigned to
that the House gravely abused in discretion and DI' shared Di' several del:+arn'nen8.
violated the ConstitutionaL She prayed that her
expulsion be annulled and that she should be Ex=u11plp'iuItl\p ElTp1'\rlingnfPnwpr1
restored be the Speaker to her position as
Congressman. Is AviAn1og"s petition before tile 1. Power of appointment which can be exenzlsed bl.'
5h1preloe Court justiciable' each department and be rlghtfullyr exerwzised by
each deparunent over its own administrative
A: N-D. The petition is not Justiciable because as stated personnel;
in .ilejondrino v. Quezon, et mf. [46 Phil BSJT, the
Supreme Court held that it could not compel the 2. General Apprbprlaliuns Law - Presldenl
Senate to reinstate a Senator who assaulted another prepares the budget which seru'es as the basis of
Senator and was suspended for disorderly behavior, the bit] adapted by Elbngrees;
because it could not compel a separate and so-equal
department je take any particular action. In Dsmefio U'. 3. Amnesty granted by the Presldenl nequltes the
Pendatun nos Zhu. 863), it was beld Mal the Supreme enneurrenee of the mainritj,-' of all the members of
Court could not interfere wid'L the suspension of a the Enngiress; and
Eongressman for disorderly behavlor, because the
House of Representatives is the judge of' what 4. Power of the CGMELEE m deputize law-
constitutes disorderly behavior. The assault of a enfoncernent agencies and instrumentalities of
fellow Senator eonstltutes disorderly behavior. the government for the purpose of ensuring free,
However, under Sec. 1, Art. viii of the ISIS? onderll.I'. honest, peaceful and credible elections in
Constitution, the Supreme Court may inquire whether acoondanee wiUl the power granted to it Br the
or not the decision to expel .*l.viAmog is tainted with Constitution to enforce and administer al] laws
grave abuse of discretion amounting to lack or excess and negulatlons relative 1:l'Le conduct of elections.
of jurisdiction. lflrc LI'-Li Sec. 2{I}Jr ffoncurrdny and Dissenting
Dpinion of Justice Puno, Mocolintal LL comf:r..=8c.
Q: lmrrr Tribbiani was convicted of estafa. When is. Ho. /59m 3, ,fury ID, 28031
-.il'El:Hl !H'={l.*lll:M£L'll\=L'_
his case rearhed the Supreme Court, some [ust:iees
proposed m alter the penalties provided for under
RPC oo the basis of the ratio of PLDD to P1l][Ll]l].,
believing that it is not fair to apply the range of Prim"inlp of lThprkland Ela1=mrr'*=
penalties, which was based on the value of money
in 1932, to rrirnes eoiomitted at present. However, Allows one department to reslsl enetuachmenls up-an
other justices opposed the said proposal for it HE premgat11.res or 10 ref:tif:l," mistakes or excesses
amounts to judicial Iegi.slationL is the opposition enmmllted by the other deparmienm
correct?
Fe*pnlti\fp -"Hal"lr am I*1p nr*1plr lwnr he anrhfv
A: YES. The owosidon is correct because the Court
cannot modify the said range of penalties because that =lI$=lJii|L|h1|i!|=I,;:'_
would constitute judicial legislation. 'What the 1.egislaI;l'l.'c judiciary
legJslature's perceived failure in amending the Through its pawn: r afpardan,
penalties provided for in the said crimes cannot be it may set aside the judgment
remedied through this EoLLrt's decisions, as that Through lu
of the jud lciary.
would he encroaching upon the power of anal;heJ' veto power
Msn by power of
branch of the government. appointment - p4:lwer to
appoint members of the
15
II. BASIC CZDHCEPTS
Iudiclary. A; YES.
\prillal'ivp ruff? in tlv' wtllpr 411'-1 hr=1n-"*1p'-1 1. It 'ululated Me principle of separation of

powers - Insufa]' as II has allowed legislators to
wield, in 1.fa1'!.-'ing gradations, nan-oversight, post-
enactrnent aLllhdrlt§l,r in vital areas of budget
Exnrudvc ludiriary execution.
IIII.'l:njde U12 veto of the Pevnke nr amend the
2. It violated the principle of nun-delegabilitjr of
President deeislnns by either:
legislative power -insofar as it has conferred
Enactlng a new law
unto legislators the power of appropriation 111.'
Amending the did law,
slvirls them personal, discnetluinary' funds from
giving it certain
which they are able to fund specific projects
definition and
which they themselves determine.
interpretation
different from the old.
3. Denied the Presidents power to veto items -
Rciccl certain ]n1pF:a4:h1m:nt of SE insofar as it has enealed a system of budgeting
appuinlnmnls made be* members wherein items are not teactualized into 'Lhe
the p:lcsidr.\nt app-mpria1:ions bill, it has flouted the prescribed
Rcvake the procedure otlpreseol:meoL
pruclamatjan of martial De E ne, prescribe,
law or sLLspc]1.'»:lm1 of th E appcirlinn Jurisdiction of 4. Impaired public accnuntabilitjr - insofar as it
privilege of the wl'it of ID'WIET caILLr13: has diluted the effectiveness of lzdngrcssi-ana]
habeas corpus Prescrlbe the d1.-'ersight by 8ilvlng leglslatdrs a stake in the
quali Flcati :ms nflawer atfalrs of budget execution, an aspect of
court judges gavernancie which Ihe.,1.I' may be called to mdnitnr
Impeachment and scrutinize.
Delecmi nation of
salaries ufjudges. 5. Subverted genuine Inca] auto name - Insofar as it
]n1p&achm&nt has auth-nri2.ed ]egis]atl:lrs. who ave nadana]
Dl:tl:1TrliJ1L\ the salaries officers, m intervene in affairs of purely Inca]
of the pnesldent DT vice nal:l.Lt*e, despite 'Lhe exlslenee of capable ]at:al
president institutlens.
l:Dlfl(ILll' 'ED a r Jejmt
15. Transgressed the principle of non-delegabilitjf
treaties the president
llll-31,-!' enter 11Y1111
-insofar as II has conferred to the President the
power to appropriate funds intended Br law for
energr-re]ated purposes only to other purposes
lllflirial -:hack an r11p nthr-r two llI=mrllr1
he mar deem flt as wel] as other public funds
under the broad classification of "priority
It may declare {th1'oug]'L Me so as Urie Final arbiter] the
infrastructure development proJeel3.' {8el[gul4:'o vi
acts -of both the legislature and executive as Scheer, EIR. No. zsssoi. Nou. 19, 30131
unconstitutional DT invalid SD long as there is grave
abuse of d1s4:retlon amounting to lack or excess of
1urisdilL'tlon. -i'I*I*Mll"I{l'I=l=I'49443
P1inl'i'!1"' 0[Nnn-H"1"8hi1iW
TO"-It In -'lrtp1"minp \\tll*hfr 1 #i\~p1'1 l,'m-wpT MY
horn \f=Uidlv p1rprri'4rd be a parI'ir'll1a1" flip=n"tmpn
GR: What has been delegated cannot be delegated.
GR.: Whether Um l:"4:"wer has Imam cnnstituu-nnally'
It is based upon the ethical prlnclple that such
cunfcrved 1.Lp4:ln Me del:+a1'mlenl 1:laiml11g HE ewrrcise.
delegated power constitutes not only as a right, but
also as a duty to be performed by the delegate
XPH: Doctrine ul' Necessary lmplicatinn [zum
tllrou.gl'L the instrumentality of his own judgment and
BAR]
not tllrougl'L the inten-'enlng mind of another. A
further delegation of such power, unless permitted Br
Exercise of the power may be justified in the absence
the so1.-'erelgn power, would constitute a negation of
of an express conferment because the grant -nfexpress
tl'Lis duty in 1.rloladon of the trust reposed in the
power carried with it at] other powers that may be
delegate. [Cruz and CPI. super at 160]
reasonably lnferned from IT.
IPHS:
Q: An appmprialjnlls law granting the legislators
lump-sum hinds in which Meg have full discretion
1. Delegations ta- the People at large;
DII what prnjeet it would Fund and l10w much the
project would mst, was passed. [5 such law 3. RA. 1935 - The Inltialive and Referendum
unconstitutional'
hcl as aul'.h1:»ri:z.ed by the €:]15tllu1:l11naI
PDLITICAL LAW
mandate for the creation of a system of »\rlmilli'-=trati\fp »'4=.rl1rip'i and Fiuhr-»rrHn=1rp

legislation be initiative and referendum
. .
b. A plebiscite is required in the creation,
division, merger, abolition of pro1.-'inr:e. city, Administrative agencies are clothed wI'l"h rule-making
municipality, or baran8jajr DT the suhstantia] powers. The only requirement is that the regulation
alteration of 113 l:l4:lundarII"r. must he germane to the objet and purposes of the
law. [People u. rg-rrrgI:é-. 105 Fu. Sol 19593
HCITE: These are more of reservations of power
be' the people than delegations considering the T238 fur 'Walid Ddcgatiun
fact that Use people 3 l'*E repositories of at]
governmental powers linmpfetenus Test - The law mud be complete in
llself, setting firth therein the policy to be executed,
z. Emergency powers of the Preside nr, carried out, m' implemented by the delegate.
3. Tariffl:l4Jwers of the Presldenl;
4. Delegation to local gavernmenls, and 2.SumrMn9 Standard Test - The law must Ex 3
5. Delegadan to Administrative bundles of the l:HJwer standard, me Iimila of which ave suffl1:ien111.f
of suburdlnate legjslatlnn {E'rr.rz and IS'rr.r:q, supra at determinate ar determinable, to which the delegate
162) must nonfarm in the perfu-rmanee of his function;
F m"11=rn"y P~'IWPt*= MUTE: For subordinate 1egls'lat:l-on to be valid the

Administrative Code of 198? requires the filing of
For the delegatlun it' emrrrgenq" powers to the rules adapted by the administrat:l1.re agencies with the
President to be valid, the Enllnwing requisites must up Law Center, in addition to compliance with
concur: completeness test and sufiirdent standard test.
[Quezon cry PTEA Federation. lm; if. D-cpEd', ER Ho.
1. It is dune dubai fig war or Jlatinnal emecgenqr 13920, February 23, 2016, 1. LEI5INEN.]
2. It must allure the President to exercise such
powers which are necessary and proper in carry 'lllli'I'4W*~Fl£ili*t!'l5t=l=l-'l'lilllEI'l-'IEWI
nut a declared national l>nliqr.
3. Suds exercise must be for a limited period nnljr.
The fcullllwlng are the Eiindamentalfinherent powers
Dflj'LE SIHIE:
HGTE: If the Congress does not expressly take
back: the power by means of a Reoolutlon, the
1. Poll be Pnwtr
same she]] :ease upon lls ne1:tAdioummenL
2. Pnwtr BE Eminent Dnmaln
4. Such exenclse must be subject to Destl'i1:t:lans
3. Puwtr 1;\E Taxadu n
presrrlbed by the Congress. f5er:'. 23 {2}, .err_ w,
I 9-8.7" Eonsliturlunl'
Polite power is the power of the state to promote

TarilTFnwpr*a
public welfare by restraining and rlegulatlng the use of
liberty and property.-'_ It is the most pervulvo the least
The Congress ma].r, by law, authorize the President to
He within specified ]imi13, and subject m such limitable, and Me most demanding of the three
fl.Lndanlenta] powers of the State.
limitations and res1:r11:t1ons as it may impose, tariff
rates, import and export quotas, tonnage and
As an inhere nl attribute of sovereignty which virma]1y
wharfage dues, and other duties or imp-osls within the
h'amework of Use national de'ueloplnlent program
escnends to all public needs, police power grants a
wide panoply of instrument 'Ll'Lroug]1 which the State,
the Government [See 28 {2}', Art; w, res?
Constitution]
as parents patriot, gives effect to a hast of 113
legulatorjr powers. The power to "regulate" means the
power m protect, faster, promote, preserve, and
I nr:l[ l"r=1vfm1'npnt'»=
consul wi& due regard for e illteresE. Erst and
foremost, of the public, then of the utiilq of it
Pursuant to the Stale P0lil'.'r on ineai out-nnnmy, &\e patrons, {Gerri v. Dec ent of EM E. R.
fundamental powers of Me Slate 'WETE delegated Lu
159?56, :to 1 F, 20o?1
local gcl1.re1'11menl3,, subject to nestrictinns imposed by
Enngness. The general law in this regard is the Meal
The stare, in order m promote general welfare, may
Government Eyde {LG E}.
interfere with persons] liberty, with property, and
with business and occupations. Persons may be
The purpose for which the foregoing powers have
subieeted to all ldnds of 1'estralnt and burdens in
been delegated is to enable Ioea] authorities to attend
order to secure the gene-ra] eonlfort. health and
to local eonoerns in an elTel:ti1.-'e and meaningful p-rosperlty of the state and to d'Lls fundamental aim of
manner, instead of nel!,"'ng red much on the nations]
our Government, the rights of the indlvlOual are
government, whose attention would otherwise be
suborOlnateO. [Drtlyos and Co., Limited Partnership u:
diffuse over a multitude of local concerns. Morospe
Feoff Boric and Trust Co, ER No. L-246?l5l. December
Pol'lLf4:'oJ Lew 2816 Ed'._ p. 189]
4 t97*5ll
1? UHIVERSITYDF SANrTNTaMAS
II. BASIC CZDHCEPTS
Generally, p-alice pnwtr extends to al] the great public Q: Hotel and motel operators in Manila sought to
needs. Its particular aspects, however, are the declare Drdinance 4670 as unconstitutional for
fnllawing: being unreasonable, thus violative of the dun
process clause. The Drdinanee requires the clients
PLLI:lllr: health; of hotels, motels and lodging house to run out a
z. Public marais; prescribed form in a lobby, open to public view
3. Public safety; and and in Ute presence of the owner, manager or duly
4. P ubllr: welfare authorized representative of such hotel, motel or
lodging house. The same law provides that the
Requisites for a valid exercise nfpnl is: pnwfr premises and facilities of such hotels, motels and
lodging houses would be open for inspection
1. Lawjlirf suhjel:E - The Interest of the public either be the city Mayor, or Ute Ehiei of Police, or
generally, as distinguished h'nm thus-e of a their duly authorized representatives. It increased
particular class, require the exercise of the p-nliee their annual license tees as well. is the ordinance
power; and constitutional?
2. Lawjirf means - The means employed are A; YE"s. The mantle of protectjon associated wltl1 the
reasonably necessary for ~Lhe accomplishment of due process guaranty does not cover the hate] and
the purpose and not unduly oppressive upon motel operators Thls particular manifestation of a
individuals. [National Development Company and police power measure b-elng speclflcallif aimed to
New .4,gr1!x_ Ina u. PFuJ'1ppine Feremns Bunk, 152 safeguard public morals is immune From such
ECRA 259 December JET, 1998] imputation -of nullity resting purely on conjecture and
unsupported bj.r anjrlhing of substance. To hold
Q: President Rodrigo Duterte issued Procla motion otherwise would be to unduly restrict and narrow the
Ho. 415 forrnalljr declaring a state of calamity in scope of police power which has been properly
Boracay and ordering its closure Mr sis [6] characterized as the most essential, insistent and die
months. Dn account of this, Boracay residents least llrnltable of powers, extending as it does "to all
Mark Anthony Iqbal and Tltiting lacosalem Filed tl'Le great public needs."
Ute present petition alleging that they would
suffer grave and irreparable damage as their There is no question that the challenged ordnance
livelihood depends on tourist activities
the was precisely enacted to minimize certain practices
therein. They attacl-Led the ondec on Me ground hurtful to public morals. The challenged ordinance
that it is an invalid exercise of legislative powers. then proposes to cheek the clandestine harboring of
is the order invalid? transients and guests of these establishments by
requiring leese translenw and gucsw to fill up a
A: HD. That the assailed governmental measure in this registration form, prepared fm' the purpose, in a lobby
case is within the scope of police power cannot be open to pul:allc 1.rlew at all times, and by introducing
tlisputetl. 'IFe1'ily, the statutes from which the said several other amendatorjr prnvlsclons calculated to
measure draws authority and the constil:ul1onaI shatter Use prlvaclr that characterizes the registratzlan
provlsl-ons which serve as jE framework are primarily of transient and guests. lu-'[oreo1.rer, the increase in the
oonoerned with the environment and health, safety, licensed fees was intended to discourage
and we]]-being of the people, the promotion and "estatlllshnlenu of the ldnd from operating for
seclurlng of which 3.["'E clearly Iegltimate objectives of purpose other than legal' and at the same time, to
governmental efforts and regltllatlons. The -only increase "the income of the clair gnfrernlnent"
question now is whether the temporary closure of 4"Ermits-Motors Hotel v. Etty Mayor co' .F-l'.oml8, ca No.
Boracay as a tourist destination for six monlils L-24d9'3',j'uly 31, 15l-EF]
reasonabl}l.r necessary under the circumstances? The
answer is in the aflFlrmatlve. Q: The my of Manila enarted Grdinaoee lilo. 7774
entitled, "An Dndinance Prohibiting Short-Time
Tourlst arrivals in the island were eleal'ly far more Admission, Short-Time Admission Rates, and
than Boracay could handle. Certainly, the closure of Wash-Up Rate Srltemes in Hotels, Hotels, ions,
Boracay, albeit temporarily, gave the island its rudi Lodging Houses, Pension Houses, and Similar
needed breadte r, and likewise afforded the Establishmeols in the tiny of Manila." The purpose
government the necessary leeway in us rehabilitation of the ordinance is to prohibit motel and inn
program. Note that apart from review, evaluation and operators Iron: offering sbort-time admission, as
amendment of relevant policies, the bulk of the well as pro-rated or "wash-up' rates for
rehabilitation at:tivit:les involved inspection, testing, abbreviated stays. is die ondinanee a valid
demolition, relocation, and eons1:rLlr:tion. These works exercise of llolioe power?
could not have easily been done with tourists present
The rehabilitation works in the Erst plate were not A; NIJ. A reasonable relation must ezdst betw'een the
simple, superlleial or mere eoslnetle but rather qulte purposes of the measure and the means employed for
eoniplleated major, and permanent in eha.1'ar:ter as its accomplishment, for even under the guise of
they were intended to serve as long-term solutions to protecting the public interest, personal right and
the problem [Zabel Duterte, an No. 2.384-5T, those pertaining to private property will not be
Fedmary 12, 28191 permitted to be arbitrarily invaded. It must also be
PDLITICAL LAW
evident that no other alternative for the _'»!=U5Il£'l=*Eli'I'I»WlE

aocompllshment of the purpose less intrusive of
private rights can work. In the present ease, there is
less lntr1.Lslve measures whl-ch can Pe employed such
as curbing but the prostitution and drug use through Eminent domain is the right or power of a sovereign
active police force. The ordlnancle has a lawful state to appropriate private property to particular
purpose but does not have the lawful means hence, uses m promote pubis: welfare. It is an indispensable
ullcolLstltutlona]. 1"l"1"'J-lte Lon: Corporation us E:l'l}r of attribute of sovereignty; a power grounded in the
Manila, G.R Ho. 122846. j'ar:ruaJ':l.-' 20, 2889] primary duly of government to serve the common
need and advance the general welfare. The power of
Q: Are the rates to be charged by utilities like eminent ddmaln is inseparable in sovereignty being
HERALCU subjetttn State regujaiiun? essential to the existence of the State and inherent in
government. [NTC vs. Droviile Delr't Corp., G.R. No.
A: IrEs. The regulation ofrates to be charged by public 223366, August 1, zmr]
utilities is founded upon the police powers of the
Stale, and statutes prescribing rules for the contl'o] F»cmrli1'inl11 Inr *hr tlrprcilp of Igor' Pnwrr of
and regulation of public u1:lllties are a valid exercise . . {T-u-c-m
thereof When prlrate property is used for a public
purpose and is affected with public interest it ceases 1. Taking of private pmperqr;
to be juri8.' priuoti only and becomes subject to 2. F11r pu blh: Use;
rlegulatlon. The regulation is to promote the common 3. Just Eonlpensatzian, and
good. As long as use of the property is continued, the 4. Gbserurance of dun! process.
same is subject to public regulation. ['Republic u.
Moulin Electric Eompnny, GR No. 141314, November NDTE: There must be a valid offer to buy the property
15, 2082] and refusal of said offer.
N~l}'l'E: Mall owners and operators cannot be 'I.ralldl],r Power of cmmrnpriatinn as cuerciscd be Eungnrss
compelled to provide free parking to their customers
vs. Power of cxurnuriatinn as exercised lw
because requiring them to provide Free parking space
Iisllirkflrti
to their customers is beyond the scope of police
powers. It unreasonably nessi-cts the right to use
property for business purposes and amounts to
confiscation of property. [DSG u. Ayofo Loud, Inc., SEIU
SCRA are September 18. 2009] [zo14 Barn
Shape ]]D'WEl' is
Requisites Our the valid exercise of pnliee power
pelr1.ras11.re
by the delegate
EHCDTIIPESSIHE
1. Express grant by law; l"'"E"JI'

form pf===p~'=1l1f
2. Must nut be mnwaryf tr: law; and which . Nliflf il'
3. GR: Within terrie rial Iimlls of LGUi needed be the Stale
4 public use. h
KPN: When exercised to pmlect water sLlp»jpl}l.r.
(I-'1.-"iJ':l:m u. Elly of Mnrmrafn Luke Tarracu, 41 F
Hu rs- Mach
private
F!2d' 633. August IB. 1966) P"'£*P'ETl3`!," aIJ'ead_=,r
dedicated m public
Thr* *:'nul'fl rauunt illtrr[prp will tlw plcprci'ip of nm .=ult
in [imp .nnwpr' property already
devoted to rellginus
IE the le,g:islatl.Lre decides to acl, Use chnlce of measures w0r5h1p. [Herein 11;
DI' remedies lies within Hs exclusive discre1:i-an, as long Ramirez. 7 Zhu. 41'
as We reqmdsltes for a valid exercise of police power November 24, 190-EJ
have been complied with.
:inn of
Q: -Eau MMDA. Exercise p-nli-c1: pnwl:r7 ne-
cessfty
l
A: HG. The MMDA cannot exerelse police powers
sin-oe its powers are limited m th e formulation;
coordination, regulation, lntplementatlon,
preparation, management, monitoring, setting o
polleies, installing a system, and administration.
Nothlng in RA No. ?924 granted the MMDA police
power, let alone ]egi5]atlve power [NMDA pa Rfnuisitcs Mr a valid taking
Tmchuoria, CAR. Ho. 159554, December 16, 2085]
1. The exprnprlatnr must enter a private property;
19
II. BASIC CZDHCEPTS
2. EM:l'l.r must be for move than a momentary l1nm'rptnll*{irarinu'i Elvuttit
period;
3. EM:r1l.r must be under warrant or color of legal Abandons the tradltinnal concept [number of actual
authority; beneficiaries determines public purpose). Public use
4. Property must be devoted to p1.Lb]i1: use or now includes d'Le broader nada of indirect publlr:
otherwise informs]]y appropriated DT injuriously advantage, i.e. ElIIIZll'l.l"El'§lDT1 of a slum area lnttl a model
affected; and hnuslng cnmmun ltgl.r. urban land nefnrm and housing
5. lJ1:ili2.al:1-on of property most be in such a way as There is a vicarluus advantage to the society.
to oust the owner and deprive him of beneflda] {'Fii'stream lntematlcnnl .incarpomted u. CO, 284 SERA
enjoyment of the pmpertjr. [Republic v. De ?IN, Jl'cnuarII." 2.8'. 1598]
Easteffvl, as Ho. L-20528, August 15, I9?4I]
Q: The Republic, through the Dftice of the
I'#laturp Ni nr"»l11'r*?~f in km
Solicitor-General, instituted a complaint for
expropriation of a piece of land in Taguig, alleging
G E : A l l p r i v a t e property capable of nruwnership, that the National Historical Institute declared said
including serf] ces, can be taken. land as a national historical landmark, because it
was the site of tile birth of [-'eli:u: Manalo, Me
XPHS: {My{h¢} founder of lgle-sia ni Cristi. The Republic Filed an
action to expropriate Me land. Petitioners argued
1. I»'[nnejlr;and tliat die expropriation was not for a public
2. Ehases in aelinn - personal right not reduced in purpose. [s their argument correct?
pdssessien but reed-verable br.f a cult at law such
as right m reee11.l'e. demand nr recover debt, A; ND. Public use should not be restricted to the
demand at damages an a cause of at:t:II::n ex traditional uses. It has been held that places invested
enntmetu nr for a tart or omission ufduty. with unusual historical interest is a public use for
which Me power of eminent domain may be
NDTE: A chase in acton 15 a p1'npertl.f right in authorized. The purpose in setting up the marker is
something intangible, nr which is nut in 1::l11e's essentially to recognize the distinctive contribution of
pussessinn but enfurueable through legal or hurt t:he late Felix Manolo to the culture -of the Philippines,
action ea. cnsfi, .ii right nl'l:lcnnn In mrt or breach rather than to commemorate his founding and
of cnnrmct, a'n entitlement to :ash rejiend, chechen, leadership of the Iglesia ni Crisco. The practical reality
money, sal'l:l.r[e.q, Insurance cfnims. that .greater benefit may he derived be members of
the Iglesia nl Cristo than Br II:l/ost others could well be
Rp¢1ui'-zirri hpInrp an LEFT ran rlrpwilp Eniintnt true but such a peculiar advantage steel] remains to he
Ilnmain['u-pll -101 merely lnc'ldental and secondary in nature. Indeed,
that only a few would actually henel'lt from the
1. A11 Cl1'dlJ'1ance is enacted b:.' the local Ieglslalive expropriation of property does not necessarily
ccluncll authclrizlng the local chief exec'LLI1ve, in diminish the essence and character of public use.
behalf of Use LGU, 1c] exenzlse the power of (J-fanosco U. E.¢Lsupm._l
eminent domain ac pursue exl:l1'nprlall:lnn
l:»1'clceec1i]1gs mrer a particular prlvale p1'clperl§r; l!J5t_Enmlu:nsalinu.
2. The power of eminent domain is exercised fur It is the full and fair equliralent of the property taken
Public use, purpose or welfare, DI' for the benefit from the private owner [owner's le-ss] by the
of the Pam' and the landless; exp mpriatnr. It is usually the fair market value -{Fl~'l"l.F]
of the property and must include consequential
3. There is payment nfjusl cnmpensadnn; and damages [damages to the other interest of the owner
attributed to the expmpriatienl minus consequential
4. A valid and definite Dffer has been previously benefits [increase in the value of cl-ther intenesls
made to the owner of the pmperq," sought to be attributed in new use of the farmer prdpertyj.
exprl::lprllated., but said offer was not accepted.
[Mun lclpl:l{ary of Paranaqlue H. 1.41. Re1:1J'I.jl." Carp, lusT EDHPENSATICIN = Fmy + wmequenUal
292 SER-I1 6541 July211 1998] DAMAGES - cunseq uelltlal BENEFITS
E192 l11i'u'p rclnrvpf -»`"pumi- ll'-14" NDTE: Ta be just, me compensation must be paid un
time. [2 DDE* and]
Public use does not necessarily mean 'use b-],r the
public at large." Whatever may be benellciallgr Fair Market 'aral11p
employed for the genera] welfare satisfies the
req ulrement. Moreover, d'Lat only few people benefit The price that may be agreed upon by parties who are
from the exproprladon does not diminish its public- willing but are not compelled to enter bantu a r:nntral:t
use character because the notion of public use new of sale. [Sift of Manila I-". Estrada, ER. Nu. F:?49.
includes the broader notion of indirect public heneflt September 9, 15131
or advantage. of-Ionosco' U. 5,4 ER. IG6440, [angry 29,
1956;
PDLITICAL LAW
Q: Luc3rEraoe Franco and Elma Gloria Franco were belatedly discovered that one of the underground
tb: registered owners of parcels of agricultural l:LLm1el5. of HPC traversed their land. In that case,
land in Barangay lvlaquioa, Dumangas, lloilo, the Eourt adjudged t.l'Lat the value of the property
covered be Transfer Eertificate of Title Nos. T- at the time the property D'll!'llTlE'l"$ initialed lm-'erse
62209, T-622111I and T-51376. The Franoos condemnation proceedings should be considered
voluntarily offered their land to the Dejpartment for purposes of lust oompensatldn for the
of Agrarian Reform for the Eomprehensive following reasons, l.-422:
Agrarian Reform Program. The Francos were
initially offered 114,113.75 pesos for just Compensation that is reckoned an the
compensation, but i t w a s later ra ise d to market value pret.-'aillng at the time either
739,461.43 pesos upon review. The Franeos when HPC entered DI' when it completed the
withdrew the compensation but was still tunnel, as NPC suhmlts, would not be just,
dissatisfied with the amount Hence, the].r filed for it would compound the gross unfairness
before the RTE a complaint for Me determination already caused to the owners by hlPIE's
of just compensation. The court fixed the iusl entering 1.»'dtho1.1t the intention of formally
compensation to 1,oz4,115.5¢J pesos, and ruled errpropriating the land, and without the prior
that the Frances were entided to ao additional 5% knowledge and consent if the Helrs of
cash pajnoent by way of incentive for 'rlfoluntarijjr Hlacabanglrit l'~IPIII:'s entr'y denied elementary
offering their lots tor sale. is the Special Agrarian due process of law to the owners slnee dten
Eourt's valuation of just compensation using a until the owners mnlmencM t.l'Le inverse
variation of the basic general formula provided condemnation proceedings. The Court is
for by the DAR correct? more concerned with the necessity to
prevent NPC loom unjustly profiting from 113
A: HG. While formula prescribed by die
tire
deliberate acts of denying due process outlaw
[lepartrnent of Agrarian Reform requires due to the owners. As a measure of simple 1ustice
consideration, the determination of just compensation and ordinary fairness to thent, therefore,
shall still be subject to the final decision of the specie] reckoning just compensation on the 1.ralue at
agrarian court; In HE exercise of original jurisdiction, the time the owners commenced these
the special agrarian court maj.r deviate from the
inverse condemnation proceedings is
formulas lfit can show that the value is not equivalent entirely warranted.
to the fair market value at the sine of the taking.
However, any deviation to die basic formula made in
the exercise of judicial discretion nlust be supported 2. 111 Notionol Myer CorwmtMn u. Epomu
Br a reasoned explanation grounded on the evidence 5olMoiw. 596 Phil. 95?, respondents Mereln
on record filed 3 complaint for the payment of just
compensation against nnrocon averring that it
A computation by a court made in utter and blatant had entered and occupy their pipe b1.*
disregard of the factors spelled out be law and 'Fu' the erecting M9-tension uansmlmlon lines and
implementing rules amount to grave abuse of failed m reasonably compensate them for the
discretion. Here, the Special Agrarian Eourt's intrusion. For Hs mm NAPMDR countered that
CDIT1III'l.ll:3.1IlDI1 of the just compensation resulted in a it had already paid just compensation for the
"double take up' of tlle market value per tau establishment: of the uansmlmion lines by Wmue
declaration of the property. Thls method of valuation of its compliance with the final and executor
has already been oonsldered in iurlsprudenee as a decision in Notionoi Power Corporation in.
departure from the mandate of law and basil: Pemyros In ruling that the reckoning value of just
admlnlstradve guidelines. (Loud Book of' the compensation is that availing at the time of the
PNlll.pp-.ln8 '|.'!. Lucy Grace, so. Ho. 203242, March 12, filing of the inverse condemnation proceedings,
2019, nspenraed' b_1.'Jl'. Leonerd' t'l'Le Court declared:
p-1-intl to -'lrtp1"minp i11'»=t ff»mHpn'i=1*inn To reiterate, NAPD-CDR should have

instituted eminent domain proceedings
ER: lust mmpensatlan must be redcaned from the before it occupied respondent spouses'
time of taking or filing of the cnmplalnt, whichever property. Because lt failed to comply with
came Hrsi; WTC vi Ermvlfie Deu't. Co-rp, ER. Ne. this duty, respondent spouses were
223366, Aug. I, 2:11?1 constrained to file the instant Complaint for
just compensation before the trial court
XPHS: From the 19'?]s until the present, they were
1. 111 NM vs. Hocoba4Mt 5o4Roy (GR No. deprived of Just compensation, while
165929, Mgust 24, 2D11]. NAPDEDR in Me HAPCIEDR continuously burdened tlheir
19TD8, undertook the construction of swera] property elm lU transmission lines. This
underground tunnels M be use in diverting We Court cannot allow petitioner to profit from
water How from the Ague River to the HE failure to comply with the mandate of the
hwroe]emic plane Du November 21, 199, law. We therefore rule that, to adequately
reswndenu therein sued NMDEDR fm' recovery compensate respondent spouses from the
of pmperq and damages, alleging that they decades of burden on their property,
II. BASIC CZDHCEPTS
nnpaeaa should be made to pay the value Where Me expmprialdr lakes rnnllr part of a parcel of
of Lhe property at H12 time of&\e Blind of the land and the remainder, as a nesull of the
instant Enmplalnt when respondent spouses enpmpriatinn, is placed in a better Jacatian [such as
made a judicial demand Eur just Erdnling a street where lt used to be an lnterl-nr ldl].
Inu-n1pensaliun. the owner will enjoy cclnsequenlial benefits whim
should be deducted from the consequential damages.
HUTE: The rulings in Mooaborigllcil' l"Eru2, Cansrfturaanni Law, 2815 ed., p. 155;
Songkoy and Soludorrs are more in consonance with
the rules of equity than MM Me Rules of Court, NOTE: If the consequential benefits exceed the
specifically Rule i5-'F run expropriation. eensequential damages, these items should be
disregarded altogether as the basic value -of the
Inverse condemnation has the objective to recover 'Lhe property s]1L:=uld be paid in every ease. (Rafe 63
'ualue of' property taken in fact by 'Lhe governmental Section 6, Rides l::gFE¢:lu.l"tJT
defendant. even though no formal exercise of the
power of eminent domain has been attempted by the Form of uavment
taking agency. :new vs. Heirs of Mokohongkit
slfvwiwrl GR: Cumpensatuun has to be paid In money.
KPN: In cases 1n1.-'olvirlg CARP, conlpensat:lon may be

I`nn11*m1~rnri=1l Dama+=f1
in bands or stocks, fm' II has been held as a non-
traditional exercise of the power of eminent domain.
E 31u151 of injuries directly caused on the residue of
the private prnpe1'tjl,r taken by neaaan afexprdprladan. It is not an ordinary expropriation where only a
Where, for example, tlhe exprerprialar takes duly part specific property of relatiueljr limited area is sought to
of a parcel of land, leaving Me remainder win an add be taken by the State from lls owner for a specific and
shape DJ' area as to be 'u]1't1.lalll.r unusable, the owner perhaps local purpose. It is rather a reuoiudonary
kind of expropriation. [Association of' Emf!!
can elalm cans-equentlal damages. {4Slruz and ECrr.rz,
£'unsrItuna::laJLaw, 2015 Ed.) landowners in the Ptldippines, Inc. if. Secmtmj-' of
..4.gr'arian Reform, ER. No. ?8?42, fury 14, 1989]
Q: Sp-nuses Salvador awns a land where a DDE- NUTE: The owner is en'l:I11et1 to the payment of
smrejr building is erected. Thu said land is subject interest from the time of taking un1:il just
to exp mpriatinn wherein the DPW]-[ shall eunipensatinn is aet1.Lall_=,I' paid to him. Taxes paid hi*
cnmuum die HLEK extension exiting McArthur him from the time of the taking until the transfer of
Highway. DPW]-I paid the sp-nuses amounting to tide [which tan only be dune alter actual payment of
P6-B51i]i]i] which was !;lie fair market value if the just enn'Lpensat1an]. during which he did not enjoy any
land and building. RTE issued a Writ Ni Possession beneficial use -of the prnpertyr, are lelnlbursahle he the
in favor of the Republic but decided to pay an expmpriatnr.
additional amount enrrespending to the capital
gains tax paid by the spouses. The Republic, Pursuant to Bangkok Sentral fig Pilipinas Eincular Nu.
represented be DPWH eantested the decision of 'F99. series of 2013, from IL11:»' 1, z013 onwards and
the RTC adding the capital gains tax as until full payment, an intemst rate of 6% per annum
eensequential damages in the part Ni Lhe Spouse should be used in computing Use just mmpensatinn.
Sahfade-r. is the deeisinn -at Me arc cnrreet' [Land Hunk of the Philippines v. Huhabuy, GR. Na
I?23_'iZ. September 16, 2015]
A: HD. lust compensation is defined as the full and fair
equivalent of the property sought to be expropriated NDTE: The: right to recover just compensation is
The measure is not the taker's gain but the owner's
enshrined in no less Man our Bill of M94 wmm
loss The compensation, to be Just, must be fair not
states in clear and categorical language that private
only to the owner Out also to the taker. Eonsequenda] property shall not be taken for public use witTLo'LLt Just
damages are only awarded ifos a result of the compensation. Tllis constitutional mandate cannot be
expropriation, the remoanii1.g prop-erty of the owner' defeated by statutory piescriptioii. [NPC v. Epi
suffers' ,from on impairment or decrease In wrlue. In
Eernon:io. o. 8. No. /89127 .4pr'[i' 25, 2812] [2014
this case, no e1.-'idenoe was suOmltted to prove any
BAR]
impairment or decrease in value of the subject
property as a result of Me expropriation. More
significantly, Elven that the payment of capital gains
tax on the transfer- of the suNiect property has no Rule of the ludiciargr
etiect on the 1 ncrease or decrease in 1.ra]Lle of the
remaining property, it can hardly Oe considered as The Elna] determination of lust compensation is a
consequential dainages that may be awarded to judicial function; that the llurisdictlon of the Regional
respondents. {Repr.rEJlic if. Sis. Sofundoc, so. Ho. Trial Court, sitting as Special Agrarian Court, is
205428. June ?;20/9] original and exclusive, not appellate. (Land Bank vs
Eugenio Dalouta, ER. No. 190004, Ar45l'ust 8. 201To.
Cnn*1rqu»rnri al EPHPEI4
Eflpr't »al DEW.;
PDLITICAL LAW
ER: Non-payment by the government does not ennlle cnnditlln]ls that should be rx:-n1p]ied widl to enable me
p1i1.rate owners to recover possession of the property cnndcnlnalinn or to keep d18 pmperqr expruprlaled.
because exproprladon is an in rem proceeding, not an
ordinary sale, but only ent"1Tle Mem to demand More pa rtf-cularlyf, with respect m the element of
payment of the fair mal'ket 1.f glue of the pl'npert'.!,-'. public use, the expropriator should commit to use the
property pursuant to the purpose stated in the
XPHS: petit:lon for expropriation Filed, failing which, lr should
file another petition for the new purpose. If not, it is
1. When there is deliberate refusal to pay just then incumbent upon the expropriator to return the
compensation; and said property to its prl1.rate owner, if the latter desires
z. GovernmentS failure to pay compensation wit]1lJ1 to rea-cquire the same. Cltherwise, the iudginent of
5 !.-'ears from the finality of the judgment in the expropriation suffers an intrinsic flaw, as lr would
expropriation proceedings. This is in connection lack one indispensable element for the proper
with the principle that the government cannot exercise of the power of eminent domain, namely, the
keep the property and dishonor the judgment. particular public purpose for which the property will
(Republic H. Lim, GR. No. I61656.j1.rnc 25, 20[J.'.1T.] be devoted. Accordingly, the private property owner
would be denied due process outlaw. and Use Judgment
Abandonment of intended use and right of would violate the property owner's ]':ight to justice,
repurchase fairness, and equity. [MIM and Air Tronsportntlon
Qt]ice if. Lozudo, ER No. I?6625, FelJruor:l.= 2.5, 28181'
Q: Several parcels of lands located in 1.abug, Cebu
Eicgr were the subject at expropriation m o r e In view of the discontinuance of the
proceedings filed by Lhe Government for the proceedings and the eventua] return of the property
expansion and improvement of the Lahug Airport. la the owners, theme is no need to pay 'just
The lm: rendered iudgioent in favor of the eompenndon" to them because their property would
Government and ordered the Iatner to pay the not be taken. However, instead of full market value of
landowners the fair market value of the land. The the property, the expropriator should compensate the
landowners received Me payment owners"or the disturhonoe of their property rignafmm
the time of entJ§l.-' Lrntii the time of restoration of the
The other dissatisfied landowners possession is paying to them octuoi or other
appealed. Piending appeal, the Air Transportation oonrrpensotory' dl§1?'1'1,ug8_
Uffiee pro), proposed a ooroproniise settlement
whereby the owners of the lou affected be the The exprbpriatbr who has taken pdssessibn bf the
expropriation proceedings would either not p-ruperly subject of expropriation is obliged tb pay
appeal Dl' withdraw their respective appeals in neasunable cnmpensatlbn to the landowner Eur the
consideration of a eomrnitnient that the period bf such pdssessibn althbugb the proceedings
expropriated Iols would be resold at the price had been discontinued bn the ground that the public
they were exp ropriated in the event that die ATE purpose Eur the emcpruprialibn had meanwhile ceased.
would abandon Me Laltug Airport, pursuant to an [Republic v. Heirs bf Bbr.b4:l-n_ ER. Hb. 165354, January
established polio involving similar 12, 2015]
eases. Because of this promise, the landowners did
not pursue their appeaL Thereafter, the lot was .éE£ilfIl5
transferred and registered Io the name of the
Government The projected improvement and It is the pro-ness by which the government through its
expansion plan of the old Laltug Airport, however, legislative branch, imposes and colley revenues to
was not pursued From the date of' the institution defray the necessary expenses of the govern rent, and
of rite expropriation proceedings up to Me la be able to earrj; out, in parlieular, any and all
present, the puhlie purpose of the said l:rroJeeE that are supposed to be for the common
expropriation [expansion of tile ail'port] was good. Simply put, taxation is the method by whleh
never actually initiated, realized, or these eontributlons are exacted.
implemented.
In other words, taxation 13:
Thus, the landowners initialed a complaint for
the recovery Dr possession and reeonveyanee Ni 1. The inherent power of the snverelgn
ownership of the lands based DD the compromised exenclse:E;}:I§l1ruugh Ieglslalure
agreement they entered into with the ATG. Do Me z. To impose burdens
former owners have the right m redeem the 3. Upon subiecls and nl:-Je1:13§E
property? 4. Within ins 11.Lrlsdletin n
5. For the purpose of raising revenues
A: YES. II is well settled that 'Lhe taking of private 6. To carry out the legitimate abJer:13 afgll:l1.fernme:l1l
p1'opert1.r by the Governments power of eminent
domain is subject to two mandatory requirements: [1] Lifnblnud Du-ctrine
that it is for a pa.1't:I1:u]ar public purpose; and [Z} that
just compensation be paid to the property owner. Taxes 3.l'*E the Iifebland of the al::vernmenL for wlthl::ut
Those requiremeols partake of the nature of' implied taxes, the gcwernmenl can neither exist our endure. A
23
II. BASIC CZDHCEPTS
principal attribute of soverelgntg.-', the exercise of the rehabilitation and stabilization of a
taxing power der11.res 113 source from the very threatened industry which is affected
existence of the more whose social contract with its with put:lljc interest. like the :dl industry
cltisens obliges it to promote public interest and [Ealtex Phlllpplnes, Inc. 1.-'_ Commission
common good The theory behind the exercise of the on Audit, et al., GR. No. 925185, May B,
power to tax emanates from necessltj,r; 'Lndthout taxes, 19'!3'2]. Taxation also has a regulatory
government cannot Fu]Flll its mandate of promoting purpose as in Me case of taxes levied on
the general welfare and well-being of the people. ex-cises or privileges ]lke Lhose imposed
[Hotionof Power Corporation P. City of Eohomrrtuon, 011 tobacco and alcoholic products, or
is. No. 149110, April 9, 2oos,t amusement places like night clubs,
cal:laret.s. cockplw, etc. MUM 20011
Q: May the legislature enact laws m raise evemles
in the absence of l:nnstitutinnaLI provisions 11 Reduction of social inequality - a
granting said body the power of tas? Explain. prlognesslve s1.rmem of taxation prevents
the undue eoneentratjon of wealth in
A.: \'l8'£. The oonstitutlonal proWslons relating to the the hands of few individuals.
power of taxation do not operate as grants of the Progresslvlqf is based on t'l'Le principle
power of taxation to the goverllnlent. but instead that those who are able to pay more
merely constitute a limitation upon a power wlhieh should shoulder the bigger p-ortlon of
would othemflse be prar:tl1:aLlj..r without limit the tax l:III.1rl:ie11.
Moreover, it is tnherlent in nature, being an attribute
of so1.-'erelgntg-'_ There is, thus, no need for a d. Eornuragn ecunnmir growth - the
ronstjtutional grant for the State to exercise this grant of incentives 'DT r:xcnlp'l:i-uns
power. enwurage lnvesmlent thereby
stimulating economic acti1.fit'j5-'_
Q: is Ulf grant -of Me p-nwnr of taxation inherent
Mr bath National and Local Eavnrnment' Pru-tnL'ti-nnism - Prntecdve tariffs and
custunu duties are iml:"0§ed as taxes in
A: HG. It is inherent in the National Government but order to protect important se a rs o f
not in the Inca Eavernment Unit [LGU] since the the emnumy nr Inca! lndustrln'5, as i11
latter is merely a 5tate's agellcjr to 1:alrr.rl.f out in detail the case of fnreigt imprJ1'tatlm1.§.
'Lhe nbiecm of Use government The LGU can nn].',r
impose taxes when iris granted by the: Shape nflegislativc 1:-nwcr in taxation
1. Eonstitution 1. The deternllnairicm Df: [ASK-NL4P5]

of LGI.l's taxation power ou13ldo autonomous a- Amount m' Rah: of tax
region [ML :IL Soc. 5, 1998? 'l:IoJlstllu1:1on] 111 Subjects of taxation (persons, property,
occupation, excises or privileges m be
2. Leglslatinn by Et ogress taxed, pnovlded they are within the
Ag. LGLl's laxatian power udlliin the autannmuus taxingjurlsdictlon]
rngiun [.url. HI. Sec. 20, 1918? Eanstitutinn] 11 Kind of tax to be collected
d. Method of collection [not excILI.sl1.r'e to
Puruusc nfTaxati:m the [longness]
apportionment of the tax [whether Me
1. Prlniary or ['*'E'IJ'ETlLlE purpose - to raise funds or tax shall be of general application or
property to enable the State to promote the limited to a particular locality, or partly
genera] welfare and protection of the people. general and partly local]
E Purposes for which taxes shall be
2. Sfeoondary Dt' non-revenue purposes levied, provided they are public
a. Promotion of general welfare - purposes
taxation may be used as an lnlp]enlent 8- Situs of taxation
of pollee power to promote the general
welfare of the people. 111 the ease of Lutz z. The gram of lax exenlplt:l-uns and L'-IJnd::11atll:u13.
it Aroneta (ER No. L-?855l. December 3. The power to specify Ur pmvlde Eur
22, 1955), the Supreme Court upheld administrative as well as iudielal remedies
the valid lty of the Sugar Adiustrnent Aet, {Ph.fJ'fpp1lnes' Fermium Earpnmtfan '|.'!. Munlcipalflly
which imposed a tax on milled sugar n,rprrHm, 5.8. ND. 85318. June 3, 199 H-
since the purpose of the law was to
strengthen an industry that is so
undeniably vita] to the economy - the
sugar industry MOon, 2aa11. 1. Pruhihitjnn against lntprisnnment Eur non-
patrrnent afpnll lax
b. Rngnhtin-n of acthriljnsjindustries - 2. l]niEn1'1'nitj,-' and equality of taxation
Taxes may also be ilnpased for a 3. Pmgresshre taxation
regulatory pump-use as, far instance, in 4. Grant br.f Ingress of Authnrlqr m the President
202 1 EDLDEN NIJTES 24-
PDLITICAL LAW
to impose tariff rates taxes*

5. Prohibition against taxation of religious,
charitable, and educational entitles. A: Tm. The Eonstltutlon does not really' prohibit me
6. Prohltdlion against taxation of non-stoek and impostor of regressive taxes. What II slmplyr provides
non-prntit edueadona] inslitutlpns is that Congress shall evolve a progressive system of
7. ]'vlaJo»rit'j,r vote of -Congress for grant of tax taxation.
exemption
8. Prohlbilion an use of lax levied for special Meaning -of"evolve" as used in rJle Constitution
purpose The oonstitudonal provision has been interpreted to
Presldenfs veto power an appt*opriat:lon. mean Si reply that 'direct taxes are to be preferred and
revenue, and taritT bi]]s as much as possible, lndireet taxes should be
10. Non-impairment of the Jurlsdietlon o f t h e mlnll:nlzed.' The mandate of Congress is not to
Supreme Co url prescribe but to evolve a l:»rogressi1.-'e tax system. This
11. Grant of power to LEUs to create 113 own source is a mere dineetive upon Congress, not a Jusdeiable
of lneome right or a legally enforceable one. We cannot a1.roid
12. Drlgin of revenue and tar1lTIJll[Is regressive taxes Out only minimize them {Tofent.*no
13. No appropriation or use of public money for ellol u. Secretory of F'lnon4:'e_ ER No. 115455, Det.. 34,
religious purposes 1598.
._ .
Pmhibltian aeamsll imprlsuoment fur nun- Q: is UAT regressive?
p-avmcnt nfunll tax
As res. The principle of prognesshre taxation has no
Payment of taxes is an obligation based an law, and relation with the UAT system in as much as the VAT
not on contract It is a duty imposed upon the paid by t:he consumer ar business for every goods
lnd11.rldua! by the mere Fact of his membership in the bought or ser tficles enjoyed is the same regardless of
body politic and his en1o],rment of the benefits income. In other words, the 'UAT paid eats the some
available from such membership. Except only in the portion of an income, whether big or smalL The
case of poll lcomnlunit:l,f] taxes, non-paifnlent of a tax disparity ]les in the If conte earned Br a person or
may be the subject of crlmlna] prosecution and p-rotit margin marked by a business, such that the
punishment. The accused cannot invoke the higher the in-come or pnoht margin, the sn1a]]er the
prohibition against imprisonment for debt, as taxes portion of the inoorne or profit that is eaten Br w»T_ A
are not considered debts. (Cruz. Constitutional Lang, converse, the lower dhe lnoome or profit margin, the
2015 ed, p. 181] htgger the part that the 'UAT eats away. At 1:he end of
the day, it is really the lower income group or
Ilnifnrfuinf and ¢'nl1=\1it1t of taxarfnn businesses with low-proflt Jnargjns that is always
hardest hit {.48.4.KZ4.D.4 Euro u. Erato, GR. No..'l'~E8056.,
Llniformltjr in taxation means that al] taxable articles September 1, 20os,t
DI' kinds of property, of the same class, shall be taxed
at tl'Le same rate. It does not mean that lands, chattels, li1"=11'1t lw F-1 llFrp'-ri of 4l1th4riw in *Hr Fwaid in* Vu
securities, incomes, 0-ocu patrons. franchises, impnlp tariff rah"-z
p1'i1.rileges. necessit:les, and luxuries shall all be
assessed at Wie same rate. Different articles may he Basis: The Congress may, by law, authorize the
taxed at different amount. pnmvided the rate is President to He within specified limits and subject to
uniform on Me same class e1.rer1.rwhere, with all such limitations and restrictions at it may impose,
people, and at all t:lmes. (De 'lm"i{lato v. Stanley, on No. tariff rates, import and export quotas, tonnage and
L-8154, December 20, 19151 wharfage does and other dudes or inlpos13 within Me
framework of the national de1.re]oplnent pro-gram of
ER: The power to tax operates with the same fence the Go'.I'ernment{A.rL VL See 28 l'2jj.
and effect in every place where the subject of L: is
Enund.Thls is knnvm as ge¢1g;l'aphieaJ uniferruity. FIPXih1IP tariff claret
xpt4= The rule in unlf-l:lrmltl.r d-nes not prohibit This clause provides the authority given to the
classlNcaliun for purposes of taxation, prl::l1.rided the President to adjust tariff rates under Sec. 401 of the
Dequisltes Eur 1.ra]1d classifhzatlml ave met. {'Dnnoc Tariff and Customs Code [now Sec. 1613 of R.A.
Sugar v. Treasurer of l5lrmnr, ER. Nu. L-28994A 10353, known as Customs Modernization and Tariff
FebrlJlur:l.=Ii 15llE8} Act iCMTA] of zole] [Garcia if. E1:e1r.'I.Lti1l'e Secretary,
ER. No. 1012?3. IL,1:4 3, 19921. This aut.horit].r,
Pruggrlc-ssivc taxation however, is subject to Iirnitatlons and restrilL't:Ions
indicated within the law iiselc
Taxation is pmgressim-'e when lax rate ineneases as the
lnenme of the taxpayer inetreases. It is based DTI. 1:he Prnhfhirinn Hrnaiuit tax-"inn of ['pTip.i{,1l1q.
principle that these who are able to pay mare should l:haritab1l:,and edulraiiunal l:lltil:il:s
shoulder the Nigger pnrliun -of the lax burden.
Basis: Eharltable institutlnns, churches and
Q: Duns the llnostltutian prohibit re8;rl:5si'I.rl: parsrmages DT enlwenls appurtenant thereto,
25
II. BASIC CZDNCEPTS
mosques, nun-prntlt cemeteries, and all lands, applies to m]iglnm. l:harjtalJle. and educadnnal
buildings, and 1 mprl::vemen13, at:l:Llall],r, direetlg,"r and lnstitulinns - w h i l e Article KIT a p p lie s solely to DDD'
e:eeIII.lsl'uel.}r used for r e llg in u s, ehar lt able, DI' muck nan-prnllteciueatlanal ir15.tllu1:lani
edueatinnal pur poses shall be exempt from taxation
(Arr. -TF2 See 28 Gan. Hence, in this case, we should applier its literal
interppetalinn - 'solely' - in cpnspnancc with the
P-*Ip*-=mil19 -of "a¢111al. rlir'p-rr :ml pvcfllwivv MP ¢1f the* principle of strut-ctissimi iurlx The word 'exc]usivel].r"
T1*"rl1-rrN' [nr frliainua r|1=rital1lp am p~clu=:atinn=11 indicates Lhat the prmrlsicm is mandatory ,it
curl:lnl:rsEs" Dimccmpnc. 301.1 citing McGee v. Rcpubiiq, 54 Phil.
3211.
It is the direct and immediate Ami actual application
of the property itself m the purposes for which Me F-'lainriw we of C~f'»n'1I'p'=1 for Fsrafu of lax
charitable lnstltudon is organized. It is not the use of exemption
the income foam the real pr'operty that is
determinative of whether the property is used far tax- Basis: Hn Jaw granting any tax exemption shall be
exempt purposes. passed withl::1.lt the 1:l:m1:urrence of a maiurjty of all
tl'Lr.\ members of -En ogress (Section 28' [4], ArL F'I}'.
roTE= In the case of Lung Center of the Phllippines '.r.
City Assessor of Quezon Elty [433 sent 1 1 9 ] , t h e The l n h e m n l pnwtr of the Slate m lmpnsae taxes
Court ruled that under the 1987-' Constitution, for carries with it Lhe power to gr ant tax exemptions.
'lands. buildings, and impro-vemen8" of the charllable
institution to be oonsldered exempt, the some should Pruhihihun no use of mf. Invited r m - s pe c ia l
not only be 'exclus11.rel],l"' used for charitable pur poses; pur pos e
i t is requlned that such property be used 'actually'
and "directly" for such p u r p o s e s Basis: All money collected on any tax levied for a
special purpose shall be treated as a special fund and
'Exelusjve' is defined as possessed and eniog.-'ed to the paid out for sudl purpose only. If Me purpose for
exr:IusloJ1 of others, debarred from participation DI which a special fund was created has been fulfilled or
enjoyment; and "exelLlslvel]l.r" is del"1ned. "in a manner abandoned, the balance, If any, shall he transferred t o
to exclude, as enioyrlng a privilege exelus11.re13-'."It' real t he gener a] funds of the gonrernnlent {5'ec. 29,lf.3'_l'l An;
properth,-' is used for one ar more oommereial lr7j.
purposes, it is not exeluslveljf used for Lhe exempted
purposes but is subieetto t a xa t io n . NDTE: In Gaston u. Republic Planters Bdnlq, 158 sent
626, the Court ruled that the "stabilization few'
The words "dominant use" ar "prilldpa] use" c a n l m t eollerted be the State [PI-IILSUEIDM] for the promntlon
be substituted far the words "used exclusively' of the sugar indu§:r3" were in the nature of taxes and
wlllmut doing 1.rln]en1:e to the Cnnstllutlun and t h e no implied 1:l'ust was created for the benellt of sugar
law. industries. Thus, the revenues derived therefrom are
to be treated as a special fund to be administered fur
In sum, tl'Le Court ruled that &\e portions of the land the purpose intended. No part thereof may be used for
leased to private entitles. as well as thusae pearls of the the exclusive benefit of an_=,' private person or entity
h n s p l t a l leased to private i l l d i vl d u a l s are not exempt but for the benefit of the endure sugar industry. Dnee
from t33tE'3. the purpose is ar:hle1.red, the balance, if any remaining,
is to be transferred to the general funds of die
Prnhihitinn =l11aiu*1t taxatinu of non- 'itnrk and non- government l'lr'Itu,g, 28dd}.
urufit educational institutions
Plrplidrnl'*1 win pnwpl an apprir prla Finn. rp\fpnllp,
Basis: AJ] l'E"lll'E]1l§IES and assets of non-stock, non- and tariff Ilill3
profit educational institutioris used actually, dlrectlj.r.
and exclusively far educational purposes s h a l l b e Basis: The President shall have the power to veto a n y
exempt from taxes and d u t i e s p a rti cu l a r item or items in an appropriation, revenue
or tariff till] but the veto shall not affect the item or
Subject to conditions prescribed by law, all grants,
lte ms which he does not object [Art w. Sec. 2?f2j}.
endowments, donations, or eontrlbutions used
ar:tlJal.l.',f. directly, and ear:lLlslvelJ,f for educational T h e llem or llems 'Lretoed shall be returned m T.l1e
purposes shall he exempt from tax [See 4 l'.3'_l' and pa. Lower House of Congress together wiUl Ure oh]el:II:ioJls
.=4r'l'Xfl"j.
of the Pnesldem; If al'ter consideration 2 , 8 of al] the
members of such House shall agr ee to pass the b ill, it
I'-'1p:l-nin98 of *'=ldll=1llv. rlirpr'Ih.r. :I-nd 1\-¥4'l1lqiwIl'.r
- shall be sent, together wllh the ol:IJeetloJ1. to Ure other
House bl.' w h l e h it shall likewise he nslderM, and
If al:lpro1.-'ed by 2/3 of all the members of that House, it
The use of the term "actually, dinecdy, and e:»tdusi'ue].',r
shall heeome a law. {.l'. Dlm.r:rompoo, 20/5]
used' referring to religious instiliitions cannot be
applied to non-stock, non»pJ'oflt educational
institutions. The provision ofAJ'ticle vl. Section Z3[3]
PDLITICAL LAW
N{l|].'iI"IPai.l']I|.t'D[ of Me iurisdimiun of Lha- authorizing increase of the public debt, bills of local
'9unrpmp r"I11I'\ application, and private bills shall originate
exclusively in the House of Repres-ent.at:1ves, but the
Basis: The Supreme Court shsl] have the power to Senate may propose or concur with amendments. (Arr
review, revise, reverse, modify or affirm an appeal on W, Sec. 24]
eertlorarl as the laws or Wie Rules of Court may
provide, fins] Judgiluenls or orders of lower eourls in What is required to originate in t:he House of
:otx al] eases involving the legality of any tax, impost, Representatives is not Me law but Me revenue bit]
assessment, or to]] or any pena]t`.!." imposed in relation which must 'originate e:n:lus1ve]],f" in the lower house.
thereto (Art. to, See 5f2.rf»»/Jl. The bl]] may undergo such extensive changes that the
result may be a rewriting of the whole. The Senate
NGITE: These 1urisdlr:tl-ons are concurrent with the may not only concur wid: amendment hut also
RTC3; 1iuJ3., die petition should generally be filed with propose amendntenls. To deny the Senate's power not
the RTE following the hlerarehy of +:::lur'& However, only to 'concur with amendments" but also to
questions on tax laws are usually Filed direct with the "propose amendments" would he to violate the
Supreme Court as these are lmprewed with coequality of legislative power of the two houses of
paramount public Interest It is also provided under Congress and in fact make the House superior to the
Nrt. UL Bee. 30 of the Constitution that "no ]aw shall be Senate. {Tolennno v. Se-cretory of Finance, as No.
passed increasing the appellate iurlsdietion of the 1158.'F'3., Aug. 25, 1994]
Supreme Gourt without Io advice and 1:on1:urrenee.'
Hn- apprnpri align nr up of mahlit rl1=a11p1' [nr
The churls cannot inquire into the wladam of a taxing rpli»=1¢l1 1'-2 purl1r»'-1p*a
act, EXCEPT when there is an allegation afvialatlml of
cnnstlludana] limitations DT ves1:ri1:lill:lna. Basis: Na puhljc money or property shall be
appropriated applied, paid or employed directly' or
Grant it' g-nwer to LEI.ls in create is own source <11 ind1rec'L]3-' Em' the use, benefit or supp-ort of any sect,
church, denomination, sectaralan institution, or
ill£!tII:l!:
system of religion ar of any priest, preacher, mlnisoer,
Basis: Each LEU shall have the power to create its ar ether neligilous teacher or dignitary as such ACCEPT
own sources of revenues and to lev'j.-' taxes, fees and when such priest, preacher, minlstec ec dignltaJ'}'-' is
charges subject to such guidelines and 11 mltat:lons as assigned to the armed forces DT to any penal
the Congress may provide, consistent with the basic institution or government orphanage or leprosarium
{ArL VL acc. 29/211.
policy of local aut0]1om.§l.r. Such taxes, fees, and charges
shall accrue exclusively to Wie local ,governme]tm (Art
X, Sec 5). This is in ECI]ISD:l'18lflCE with L'l'Le inviulahle p1'inr:ip]e at
9epara1:iun of the Church and State.
NDTE: The Congress cannot abolish the loca]
Double taacatiun
go1.fernme11t's power to tax as it cannot abrogate what
is expressly .granted by the fundamental law. The only
a1.1th0rltl.r conferred to Congress is m pnomride the It means taxing the same property twice 'Mt-en it
guidelines and limitations on the local governments should be taxed only once; Mist is, "taxing the same
exercise of the power to tax.
person twice by the same iurlsdiction for the same
thing' It is obnoxious when die taxpayer is taxed
luslificatinn in the ddegaljun of Iegislaijvie taxing twice, when II should be but once. -l3t]'Let'w'j.=.)e
p-nwcr TD Iucal guvcrnmc-nts
described as 'direct duplicate taxation," the two taxes
must be imposed on the same subject matter, for the
same purpose, by the same taxing authority, wllt.hin
Delegation of legislative taxing power to loca]
goverllmenu is justified by the necessary implication the same iurlsdictlo:l1. during the same tasiltg per:lod;
that the power to create 'political EDTI'JDl'3.°ElDTl3 for and the taxes must he of the same Idnd or character.
purposes of local sell'-government carries with it the [City of rodolfo r. Eoco-[iota Bottlers PMflpp.lln8=, ER
power to confer on such local government agencies Ho. 181845. Augusts, 2009]
life auUiorlly to tax.
Tax Ireatics
Exception to nun-delegatinn it' lcg,'isla1:ivc powers
In negotiating tax treaties, the unde1']3-'ing rationale
fur reducing the tax rate is that Me Philippines will
The general principle against the delegation of
give up a part of the tax in the expeftadan that the want
legislative 'powers as a consequence of the principle of
given up for this particular investment is nut taxed by
separation of powers is subject to one wel]-
the other CDI] nil'.l.r.
established exception: legislative powers may be
delegated to LGl.ls. Included in this grant of legislative In order to eliminate double taxation, a tax treaty
power is the grant of local taxing power.
MUM to several methods. First, it sets out the
respective rights to tax of the state of source or sllus
Drigin of revenue and tariff bills
and of the slate off nesidenoe wllh regard to certain
classes of income or capital. Ssconli, whenever the
Basis: All auprnlzwialinn, revenue or tariff bills, bills
2?
II. BASIC CZDHCEPTS
state of snuree is given a DLLII or limited right to tax The power to tax includes the power to destroy only lr
together w1TJ:1 the slate of residence, the treaties make lt is used as a valid implement of the police power in
it lneumbent upon the state of residence to allow discouraging and in effect, ultimately prol'Llbltln.g
relief in order to anreld double taxatlun [£'nmmlssf4:mer certain things or enterprises inimical to public
affntemaf Revenue u. 5.-E' jutlnsun .s San, Inn, cur. Hn. welfare. But where the power to tax is used soleljr for
J'2?'1'-[J.5.j'un-e 21i I999) the purpose of raising revenues, the modern view is
that it cannot be aLlowed to confiscate or destroy. If
Two max loewi nr n1"diuamp'i rclnilitutv llil'Ilhl p this is sought to be done, the tax may be successl'1.III3.-'
Tay=Lti-'m when *he mv- [PAP5-JK] attacked a s a n inordinate and unconstltudonal
exercise of the discretion that is usually vested
1. Fur the same Purpose; exclusively in the legislature in ascertaining the
2. B:,* Me same taxing Authcriqr; amount of tax. {Rexes je ETA, on No. L-25043, Apnf:
3. Fur the same taxing Pc]'11:l»ds, 26. 1968]
4. Du the same Subject m.at'tcr;
5. Within the so me taxing lurlsdlctiu n; and Q: Can police pnwier and taxation in-turist in one
6. DE the same Hind DT character. ,['_'i'weld'IsJ'J Hutch act of tile gfwernmnnt?
Fhliippfnes u. Treasurer -cl-,F the Elly nf!-faniiq, ER.
No. 13129. fufyl 2013] A: irss. Taxation is no longer en1.rlsione:l as a measure
merely to raise revenue [D support the existence of
Tax pvcfmnrinni mnI fithfr he the government Taxes may be levied with a
regulatory purpose in proWde a means far the
1. Constitutional, Ur rehabilitation and stabilization of a threatened
lndus1:r!.-' which is affected with public interest as to be
HGTE: Requislles Eur Cnrlslimlinnal e9¢rmptl0n: within the police power of the state [Caltex
Actual, Dlrect and Exclusive Use by the Phl]1pplnes, Inc. 1.l'. Commlssion on Autllt. 208 SERA
fnllawing: 'F2l5]. Thus, the power of taxation may be exercised to
implement police power mu I-"_ i"ideog'ram Regulatory
3. Educational; Hoard, 151ECRA 2l5l8jl.
b. charitable instllutlanx and
To! vi: l,Trpnll\ fri'-
r:. Religious nrganizadans. ,IF.E-'en 2831, Art. i-*L
I98? Eonstirr.rLiut1lf
Lmsjlzd IJ1 l}l1LCIIIISE as Iinpascd in Mu- ca|;-1|:ls|1 al'
z. Statutory. the taxing pnwier. the police power of the slate.
]'4lGTE: It has in be passed by maiurltgr of al] the Thr; pu1'l:msn 0E Me License fees are imposed fm'
members of the Congress. [Sen 28{4}. Art PI tax is ID generate regulatory purposes which
198.7 Eanstirudnnj revenues. means that lt must only be of
sufficient amount to include
Rpw~:=lhfli1"£ of tax n"lpl]-1l'll.'i nl1'=a expenses in issuing a license ,
cost of necessary inspection
1. Enirmpdcln is granted gmtuitausly - revocable; or police surveillance, etc.
and
z. E:¢rml:+tl1:ln is granted jitter 1.-'l:![uab1'z r:m1sldemLlnn [is pl'imarj," purpose Regulation is the prln1aJ'3.'
[:1m1-lmpairmentafL*unl:rar:E] - Irrevocable. is m generate pump-use. The fact that
revenue, and incidental revenue is also
Cnnitrllrticm of *He lauri regulation is merely »::l:l-Lalned dues nut make the
incidental. in[:m-sitien a tax.
In case of dn uhl; tax statutes are to be lztmstrued
stl'i4:tll." against the Government and liberal]]!.-' in fairer
NDTE: 4:]1't1inariIy, Iioense fees are in the nature of the
of the taxpayer, fur taxes, being burdens, are nat to be exercise of police power because they are in the farm
presumed beyond what the a ppl i c a bl e statute of regulation by the Stale and considered as a manner
expressly and clearly declares. {tT.IR v. La Tandem, IM. of paying off alclnlinistration coils However, If the
and ETA, 5 SCRA 665, Iutv 31. 1962] license fee is higher than the oust of regul.a1:lng. then it
becomes a form of taxation. {Enmto-Moiote Hotel lr.
Cnosiructinn flaws granting tax exemptions
E:l'l.}' Mayor of' I-fo'niJ'o, on Ho. 1.-24693, Uctober 23,
I§!6?j
It must he slxietly' construed against the taxpayer,
because the law frowns un efxeml:l1:ian from taxation,
Q: Eau taxes be subject to off-setting Ur
hence, an exempting pravlslan should be -in-mperlsatinn?
construed stdetissimi runS [acting EammtSsfoner DI
Customs v. Manila Efeetrie Eumpany, as. Na. L-23823,
A; ND. Taxes canimt be subject to compensation for
.lime 38, 19F'?j the slmp]e reason that Me government and the
taxpayer are not creditors and debtors of each other.
Power to dcstrnv
There is a material distinction between a tax and debt
PDLITICAL LAW
Debts are due m the Government in lU corporate Also, 1r an attached commits a11 offense within the
capacity, while taxes are due to the Government in HE precincts of an embassy, his immunity from
sovereign eap.aeltl.r. It most be noted that a prosecution is not because he has not 1.-iolated the
distinguishing feature of tax is that it is -oomp1.Llsor3.-f local law, but rather because the individual is exempt
rather than a matter of bargain. I-leoee. a tax does not from prosecution. If a person not so exempt, or whose
depend upon the consent of the taxpayer. ,I"Ph[{eJ: immunity is waived, sll:n:ilarl},-' commits a crime
HFnfn.|:;' Earp. r. roar, 294 see: 158i Augqurt 28, 1998) therein, the territorial so1.rereig;r1. If lt secures custody
of the -offender, may subject hint to prosecution. It is
Ill. NAT[DHAL TERRITORY not believed, therefore, that an ambassador himself
possesses the right to exercise Jurisdiction, c~onb"ar'jlr
to the wm of the State of his soioLlrnl even witbln his
Earp-nsitian of the Philippine Territory ernbasqr with respect to acts Uiere committed. Nor is
there apparent at the present time any tendency on
The national territory* 1:rJml:+r1 see: the part of States to acquiesce in his exenclse of LL
[William c Reagan I-l'. com as No. 1.-253 is. December
1. The Philippine archlpelagn, with all line islands
39. I969]
and waters embraced therein; and
z. All other terrltnries over which the Phillpjplnes »\rrhinpl an r Dnr'trinp
has snverelgiuty DT iurisdicdan, mnslsling Df:
By the term 'andnipelaglc dactrlne of national
3. 113 terrestrlaL E]1.11.I'1al and aerial domains lerJ'it1:llj'..l" is meant that Me lalanda and waters of the
b. Ineludlng jE territorial sea, the seabed, the Philippine Archipelago are unified in am-ferelgnrgr,
subenil, the insular shelves, and other lugether 1.14181 "all the te1'ritn]'ies over whleh the
submarine EIIEHS. Phillp pines has saveret8nqr or Jurisdiction."
T4l'[lTE: The waters around, between, and The second sentence of Article I of the 198?
ednneeting the islands of the archipelago, Eonstitudon, "The wcroers around, between, and
regardless of their breadth and dlmensidns connecting the isfonds of the orchipeiog-o, regaMIen of
form part of the internal waters of the their breadth and dlmef:rsions, font port of the in terriol'
Philippines. [Art I, lEE? £'dnsi'lltr.rtinn} waters of the Pflihppinesi is an affirmation of the
anchor pelagir: doctrine. Under this doctrine, we connect
Q: William, a private Amenlcan citizen and the outermost points of DUT archipelago with sn'aight
frequent visitor to the Philippines, was inside the baselines and consider all the waters enclosed
LLB. Embassy when he gat into a heated argument thereby' as internal waters. The enltlne archipelago is
with a private Filipino citizen. Then, in front of regarded as one integrated unit instead of' being
many shodced witnesses, he l-Lilled the person he fragmented Into so n1an_=,r thousand islands. ,l'E'r1uz -and
was arguing with. The police came and brought Ma Plrii'ippine P'l::l{iNcoJ Low, p. 241
him to the nearest police station. Upon reaching
the station, Ute police investigator, in halting Pump-uses of the Archip-nlagic Dnrtrimr [TEN ]
English, informed William of his Miranda rights,
and assigned him an independent local counsel. 1. Territorial Inleg:l'1ty
William protested his Ernest. I-le argued that since z. Ecunnmic reasons
the incident took place inside the 1.1.5. Embassy.
3. Haliunal Eecurltlr
Philippine courts have no jurisdiction because the
us. embassy grounds are not part of Philippine
territory; Mos, technically, no crime under NDTE: The main purpose of the aochipelaglr: doctrine
Philippine law was committed. Is William correct? is to pooleet the territorial inleoesls of an ate:hlpe]ago.
[zo fig BAR: is territorial integrity. 1l'u'1tl1o1.lt it, Mere would be
"p1JI:ke13 of high seas" between Mme of 1]11l." islands
A; Tm. William is not c-ornect The premises occupied and 1s1e13, thus foreign vessels would be able to pass
Br the United States Embassy do not constitute through these "pockets of seas' and would have no
territory of' Wie United States but of the Philippines. iurlsdlelion o1.rer LL
Erimes committed within them are subject to the
tei'1'1t-orial jurisdiction of the Philippines. Since Effect of RA 9522 "Archie-clagic Basclinc-5 Law" DH
William has no diplomatic immunity, the Philippines our 'irr\fpr¢'l1=;nt'¢' fwpl" n11r n=1*inn=11 Irrritnry
can prosecute him if L: acquires ctistoOy o'uer him.
{UPiLC5u,ggestcd Answers] RA 9522 amends RA 3l]-16, which defines the
baselines of Me territorial sea of the Philippines. The
NDTE: Foreign embassies retain their status as native ICala]_.raan Island Group as constituted under PD 1596
soil. They are still suhjeet to Philippine authority. lo and Baja de Maslnlcic, also known as Scarborough
]ur1s)d1-l:tion may be djministied, but it does not Shoal is determined as "Regime of Islands" under the
disappear. So, it is with the bases under lease to the Republic of the Philippines consistent with Art. 121 of
American armed forces be the military' bases the United Nations Convention on the law of the Sea
agreement of 194'?. They are not and cannot he which sales:
eonsldered as foreign territory.
29
l[l. NATIGHAL TERRITDRY
An island 15 a naturalljr formed area of land, sen mffes Philippines
surrounded by water, which is abau'e water at high j'i"am
tide. haseflne The Philippines may
exercises us snverelgmy
Except as provided for in par. 3, Wie terrltnrlal sea, the wiMzin lu territorial sea
cant'l.gLLaLI3 zone, the exclusive economic zone and Me
mn1:inental shelf of an island ace determined in Contiguous Up in 24 T]1e coastal Stare may
accordance wllh the pmvlslnns of this Emwentian sum: (2019 nautical exercise Me :annul
applicable to other land lerrllary. EARJ' miles necessary ta:
from the
R-1:llr:ks which cannot sustain human habllatlrnn or outer [al prevent infringement
economic Ile of their awn shall have no exclusive edge of of i13 cusnnms, Esca].
economic zone ar Quntlnenta] shelf. territorial immigration nr sanitary
sea laws and regulalinlls
Spratlg.-ts Enoup of Islands [SEI] is not part of the within 113 terrllnry DI
Philippdne Archipelago because it is tm Ear to be territuria] sea,
included '.1.ritl'Lln the archipelagic lines encircling Me
internal waters of Philippine Archipelago. The SCI, [b] punish infringement
however, is part of the Philippine terrltoryr because L: of the above laws and
was disco-1.rened by a Filipino seaman in the name of reg'l.l]aticms committed
Tomas Elonra who later renounced his claim ever it in w1m1n HE terrllnry DI
favor oldie Republic of the Philippines Subsequently, territuria] sea. [Are 33 no
then Pres. Marcos issued a Presidential Decree LFAI'l°TLEI'S-'j
constituting SGI as part of the Phillpplne territory,-' and
sending some of our arnled forces to protect said Erdusive Up to 200 The coastal State has:
island and maintain our sovereignty o1.rer lt. Econ-nmfc nautical
Zane miles [a]l sovereign rights Fm
Q: A bill was iotrodueed i n t h e l-louse of (20:I g from the purpose of exploring
Representatives in order to implement faithfully BAR; bas»e]ine and exploiting,
the provisions of Me United lilations Eomfention oonsewlng and managing
on the Law of the Sea [UNCLDS] to which the the natural resources,
Philippines is a signatory. Congressman Pat Rio whether living or non-
Tel-L questioned the constitutionality of the hill on living, of the waters
the ground that the provisions of LINELGS arc superjacent to the seabed
violative of line provisions of the Corlslzinition and of the seabed and its
defining the Philippine internal waters and s1.Ltisoll. and w1m regard
territorial sea. Do you agree or not with die said to other activities for the
objection? Explain. [2015 BAR] economic exploitation
and exploration of the
A: The obleeljon does not hold water. UNELD5 III has none, such as the
nothing to tlo with Me acq1.Lisitlon DI' loss of territory. production of energy
It is a multilateral treaty regulating, among others, from t:he water, currents
sea-use rlglns over marltlnne zones, exclusive and winds;
economic zone, and eontlnental shelves that uncLes
III delin1it3. T.lHEI..0S does not define the lnterrlal and [to] Jurisdiction as
territorial waters of states but merely 'prescribes the provided for in the
water-land ratio, length, and contour of baselines of relevant provisions of'
archipelagic States like the Philippines. Whether this Convention M t n
referred to as Philippine internal waters or as regard to:
archipelagic waters under uncLes. Me Phllipplnes
exercises so1.rereigntj,r o1.l'er the body of water lying i. Ethe
lanOwarri of the baselines, lneludlng the air space over establishment
it and 'Ute submarine areas underneath. HI-fogoHono v. and use of
Fr'rnito', on No. :err ET; August 16, 20/ Ij artificial isle ods,
:Installations
P-'laritimv Tflnplun-1pr 11H"1n9 and structures,
it. marine
Q: What are The rights of U1-e Philippines wlmin scientific
the following areas: [all Euntigunus sane; and [b',l' research;
E10l:lusi'.rl: nmnumic zone? [2019 BAR] lil. the protection
and
preservation of'
the Jnarlne
Tcrl'itnf'iaJ' I T2 It us included 111 the environment,
.'!auth-:'aI | lmUan3] t:11itn4' of the
PDLITICAL LAW
or] al;heJ' rlgt\l3 and resources wllhin the sea areas falling widen the
duties pvnvided for in 'nine-dash ]ne.' [The South IS'tuna Sea .4.r'1!J!traNnl:l
Ulis Ennvenlian. [Art 56 as PIFlihppines' H. IS'tui:la. PEA Ease Na. 2913-19,
8f UNCLUS} 201451
High Sens Beyond No State may 1.'a]id]3"
NIJTE: See extensive dlscussian under' Law of the Sen,
20] lJlII["PD]T. m subject any
Public In temp Annal' Law
nautl-ca l part of the high seas to lu
mi let snveneigJ'1tl.r. [Art 8 9 of
UNCL8S} iv. EITIIEHSHIP
T h e h i g h seas a r e o p e n m Ejtlzenship 'pertains to a membership in a polltica]

al] States, whether coJnmunitl.r. which is personal and more -Ur less
1:l:l-asta] or land- locked. permanent in character. It denotes possession wiithln
l'Ar'L 8F'n,f nwceusj that particular p-olit:lcal community of full civil and
polltica] rights subject to special disquaiiticatlons.
'inratlvi liwrun of l1l==Im14 r9I1l1 an-1 'il'=11rlt-1rnu+=l1 Reciproca]]1.r. it imposes the duty of allegiance to the
Ehnnl ii in [t n-[l11r~ Halinnal Terri lnrmr polltica] community. The core of cllizenship is t]1e
capacity to enjoy political rights, 1:hat is, die right to
The SGI and Scarborough Shoal fall under the Znd participate in government princlpa]l],r through the
phrase of Art. II, i.e. "and al] other territories over right to vote, the right to hold public o-Moe and the
which the Philippines has soreneignqr DI' Jurisdiction." right to pe1:ltlon the government for redress of
It is part of our national territor'j,I because the grievance. [Republic vs Kor1!Jcrsa, iL'F.R. No. 218412, jug'
Philippines exercise sovereignty.-' [through election of 29, 2018
public oMeialsj over the Spradyr Group of Islands.
Moreover, under the Philippine Baselines Law of Eiijzcnship vs. Nationality
2i]1'EI' [RA 95223, the Sprat1y Islands and the
Eearborough Shoal are classified as islands under the
regime of the Republic of the Philippines. [Philippine n term :|eno|;l|JJe, It has 3. broader
Ecrselines Low uf2osrs} membership of a dtlzen meaning embracing all
in a po]i1:ieal sodetg,r_ who owe aLle,8ianr:e m a
Philippines-China Arbitration Ruling of thc- whleh membership stare, whether
Pp1"mantnr lTnll1"t -:if Mhitrarinn implies, melpmeall a denlocralie Dt' 11011
duly of allegiance on the wil;h1:»ut t11EI'ebjf
Main points: part of the member and becoming citizens.
1. China claims t:he South China Sea he virtue of its duly of protection on the Because die;" owe
historic rights within the 'nine-dash line' part of the slate a lle g ia n c e to it, they are
2. The Trihuna] concluded that the UNELDS not regarded as aliens.
comprehensively allocates rights to maritime
areas and that protections for pre-exlsting right
to resources were considered, but not adopted in
the uncLes.
3. To the extent China had historic rights to
resources in the waters of the South China Sea,
such right were extinguished to the of:-:nent they Hind of Eiljzrnship
were Incompatible with the exclusive economic
zones provided for in the UHELDS. 1. Natural-Iznm Citizens - T]'LI::se who ave 1:lti2.e:r13
4. Although Chinese navigators and llshermen. as of the Philippines from bi1"Lh without having to
wel] as those of other States, had historically perform any act la a1:q1.liJ'e 'DT perfect their
made use of the islands in the SOuth Ehina Sea, Philippine :11:izenshil:. {S'e4:'. 2, Art Ii-'L 1981?
there was no evidence that China had hlstoricallyr iT-unstftutianj [zum EAR]
exercised exclusive control over the waters or
their TESDLLUCES. The fnlluwing are nallLra]-burn Flliplna cllizens:
El. Prior to the UNELDS, the waters of the South El- These who are citizens of the Phjllppines
E]1ir1.a Sea beyond the territorial sea w e r e from l:l1 rtil wllhnul having la l::let'E::»1'm a1*Ljl.r
legally part of the high seas, in which vessels all to acquire DI' perfect their Philippine
h'om any State could freely navigate and fis]'L cidzenshlp;
b. Historical naWgjation and Fishing h1.r China i n b. These who elect Philippine cltiznenship in
We waters of Me South I[:]'lina Sea accordance with Par. 3, Sec. 1, Arr. Iv of the
vepresenled the exercise of high seas 1981-' Dnnstitutlen shall be deemed natural-
freedoms, rather Ulan a historic ]'ig]'lL burn clli2.e11s.
5. The Trlbunal concluded that there was TLD legal 2. Naturalized Eitizens' - Those who have become
ball; far China In claim histarlc rights In Fllipi]m citizens lhrnugh naturalized-nn, generally
31
iv. CIITIZENSHIP
under Commonwealth Act No. 4T3, otherwise pedtlnn for naturalization as Philippine cllizell.
known as the ReWse-£1 Naturallzalion Law, which [CA Na 4?3, Sen 2.1
repealed the former Naturallzzation Law [Act No.
2'EI'2'F], and by Republic Act No. 530. [Antonio NUTE: These qualiflcalinns must be possessed by him
Eengson m of. HRETL on No. 142840, Moy Z 2001] at the time he applies fm' nauirallzaliun and not
511b3»equen1i1.r. [Mid]
Gnvpl'nmpllt nfHr'ial*1 rp11~lirlpd In iv' natural-hnm
Filininn l*i1'ia'.pn~1 .'~'¢p-rr1a1 f2ualifirati=:m-4
1. Pt*es1-dent; The II] years of cnntlnudus residence requlned above

2. 'Uiee-PreslOent; shall be reduced to 5 years if petition]ler has AIHIY oF the
3. Members of Congress; [allowing qua11E-catians: {E-Tame]
4. lustioes of Supreme -Court and lower collegiate
courts; 1. I-Ipnprahl],r held aftlce under Me Gdvernrnent of
5. DmbuOsman and his deputies; the Phillppines DI' under that of any of the
6. Members of Constltuljona] Eommisslons; pmvlnces, cities, municipalities, or pnlltical
T. Members of the Central Monetary AutJ1orit'.g,-f; suhdlvlsiuns thereof;
8. Members -of the Commission on Human Rjghm. E. Established a new industry or introduced a useful
-=11'IH'IJi*14nh=€r 3
intenden in the Philippines;
Married to a Fillplnn woman;
The following are citizens -l:IHJ1e Philippines: 4. Been engaged as a teacher in the Philippines in a
puhlir: Dr recognized sch-dnl npt established Em'
1. Those who are Flliplno eitlzens at the time of the the exclusive instruction dfd'Lildren pt' perspns of
adoption of the 198? -Eonstitutlon; a particular natl-dnalit8.r or race, in an],r pf the
2. Those whose fathers or mothers are eltizens of branches of education or industry for a Perl-l:l»d of
the Phillppllles; nat less than l'wlII years;
3. Those born before ]anum'y IT, 1I!3|".?3, of Filipino 5. Born in the Phllippi nes [CPI Nu. 493, Ser, 3]
mothers, who elect Philippine eitlzenship upon NUTE: Namralizatlpn laws are st1"ll:t!!.r onnstmed in
reaching the age ofmajoritg.-', and
t11r.\ g+:lvernnlenl's favor and against the applicant. The
4. Those who are naturalized in aelcordanee w'1d1
applicant carries Uris burden of proving his full
law. [See 1, Art fbi res? £'onstJtunonj -l:nn1p]ia]1r:e with the J'eq1.Llnemen13 -of law. fem;
_.|lg;r\|4In1=4.|I|||f4=¢.gl._ Mnsaturinnul Law 2815 Ed., p. 8 1 0 ]
am: T1prw1'1 Mann mf- fnllnwinra f11lali[ir=\tiuni -~laI»:4=~-|'I .!I'l'1!|"*1Il'1l*ll!f4=4»"TL*I"-

|
fl1=w hpffrmp A =""Iilpll of *HP F'l1ilinnitlp'i me
naturalizalziun: [21-1l]-GRAM] 1. B].r birth
1. Must not be less than 21 years of age DTI. ILhe day EI. jus Sanguines - Un Me basis of bland
of the hearing of the petition; relatiunsliip.
2. Must have resided in the Philippines for a jus Soli - Dn Uris trails OF the place nfblrth.
continuous period of not less than II] years,
3. Must he of good ntoral character and believes in 2. Br naturalzizatinn - The legal act of adopting an
the principles undermn.g Use Philippine alien and r:lntl'Ling him with the privilege of a
Constitution, and must have conducted hlniself in eltlzen.
a proper and irneproachahle manner during the
entire period of his residence in the Phllippdnes 3. B]r marriage - When a Euneign woman marries a
in his rela1:ion with the oonstzltuted government Filipino husband, l::l1'n'u1ded, she pnsnesses all
as wel] as with the cotnmunitv in which he is qualifications and none of the disqualiiicalrinns
living; for naturalization.
4. Must own rea] estate in the Philipplnes worth not
less than p5. coo, or must have some known Q: Spouses Bun and Liang were Ehinese nation-nals
lucrative trade, profession, or Lawf'LLI occupation; and had three children. While the elhilclren were
5. Must be able to speak and write English or still miners, the spouses were naturalized as
Spanlsh and any one of the principal Phlllpplne Filipino Citizens pursuant to Letter it' In.'itrueti-cm
languages; and 270 and Philippine Citizenship was ennierred by
6. Must have enrolled his minor children of school virtue e-fPresidential Decree 923.
age, in any of the public schools or recognized
private schools where die Phillppine h1storJ,f, 2.11 will the naturajizaljun extend to line milner
government and civics are taught or pi'escrihed children 4:rfSpnllses Bun and Liang"
as pa rt of the school currloulu m, during the entire
period of the residence in d1e Philippines
A; YI-3. The Court ruled that Letter of Instructzlan
requlned of him prior to die hearing of his
[LDI] ETD and Eammanwtallh Act [EA] 419 were in
PDLITICAL LAW
peter! material, and absent any express repeal, the two 5. [.:mee]la1:l1:l-n of eertjfirate et nalur'allzatlml
laws must be read with :me annd'Ler. Although LCII [Denatu ra]la.al1l:ln]; nr
ETD does not expressly prdvlde 't.hat the father's 6. I-Iavlng been declared by Elna] judgment a
naturallzatldn autclmad-rallj.r extended to his wife and Deserter of the armed forces of the
children, See. 15 of EA 4?3 p1'l:wldes for the extension Philippines in times of war; or
of the naturalization of the Father to ]1ls wife and In ease of a woman, upon her Marriage, to a
minor children as long as there is no disqualification foreigner if, by 'uirt'LLe of the laws in Ferne in
and the wife suffieientlg.-' shows that she and her minor ber ]1usband's mulilry, she acquires his
children permanently resides in the Philippines at the nadanaI1tg.r. (Cm: and Cruz, 2£IL1'.5 ed., p. 823)
time of Use naturalization of the husband. Thus, it
must also apply to those who naturalize Ba' virtue at \L'.!'=w'i In ii=u"quilrp ii riz=rn*1hiT1
Lol 2'J'[l'. [Republic v I-'I-'fusion Brian cuff Lao, on.
Na 2D52I& August 20, 2028 os penned by _L 1. Nam re] lzalinn,
I'..El'.llWEI'lll'_] 2. Repatrlatlcm, and
3. Divert acl of En ogress.
lr.) Later on, Winston, Eltristopiher and [on Filed
before Ute Manila Trial Eoort, a petition to change
N411 11"=11 i'H\1ifm
the nationality of their parents as reflected in
their binji eerliheate. will their petitions
prosper? An all of formally adapting 3 foreigner into the
pnlltica] body of a nation bl.' cinthing him nr her with
A; YI-S Rule 1l]E cfdae Rules of Ecl1.Lt't allows both dmc the privileges of a cilizrn.
EDI'l'EEliD]l of clerical errors and s1.LI:lstan1:lal emnrs
reflected in the on-cumenis kept by Me dvi] regislzjr. Rcpatriatinn
The nationality of Ee:l1 and Liang in Winslcin,
Ehrlstcpher and lan's b:irI;h certificates, indicating that The recovery of the original nationality. This means
l;hel.r are Chinese, is ne l-anger true after the that a naturalized Filipino who last his :citizenship will
naturalization of the farmer. Hence the natlcnalltjr of be nestoted to his prior status as a naturalized Filipino
Een and Li ang in 'Lhelr children's b i rt h certificates citizen. Dn the ether hand if he was originally a
should be amended to indicate "Fillpi ne." (Republic I-l' natural-born eltlzen before he lost his Philippine
l'I-Tuscan Brian com: Lua, ER Nu. 295218, Jiugusl citizenship, he wil] be nestnned to his former status as
pa, 21120 us penned by I. LEIHVEN] a nalllral-boJ'J1 Filipino. {Ban*|;lson IH us HRET and
Orr.-z. ER No. 14-2848, Maj." F, 2801]
How repcatriatiarm is effected
Repatriation shall be effected by the fl::]]11w1ng:

Phillpplne dtlzenship may be Inst nr reacquired in the
manner provided Br law. (Sen 3, Art IK 19aF 1. Told fig the necessary oath of a llegilance to the
Cnnstiturlnnj Republic of the Phllippines; and
2. Regisvaliun i11 the proper :Ml 1'cglsw and in the
Emun-z1'-1 [nr Ln iinii Fl1i1 ippiut Co tizrnihin
E ureau of Immigration.
[H-E-s-nn-ca-ne-H]
The Bureau of Immigration sham] thereupon can-nel the
1. Naturalization in a fanelgn l:aII.1nl:l'l.r; pertinent alien eer'1:iE-cate of vegis1:ralill:ln and issue the
2. Express renum.'ja1:ian of l:i1:lzens]'Lip r:ertiEr:ate of 1de111:iE4:a1:lnn as Filipino citizen to the
[43::p.a1:l'1a1:1cln]; ar repatrlaled elli2.e]1.
3. Subscribing m an path of allegiance la Me
c4:lnsnltuliun ar laws of a Ecmeign country upon a n 4i7-1-rl "l"i*i'r~pn'4hin Fly tvnrinn #nil FP-
attaining 21 years of age; or acquisition Act of 2003 "
4. Rendering ser=.rlr:e toDT aeeepling eamlnlssiun in
the armed farces of a farelgn CO untry unless: Rcanquisiiiun
3. The Phllippjnes has a defensive and,l'olr Natural-barn citizens -of the Phliipplnes Mn have lust
-ol"Tensi1re pact of alliance with the said their Fiiipinn citizenship due m 11aturali2.at:lan as
Eoneign country; or citizens of a foreign r:o1.Lntry are deemed to have re-
b. The said foreign country,-' maintains armed aequired Philippine ei1:l::enshll:.
forces in the Phillppine ter1'itor1.r with it
consent provided that at the time of Retention
rendering said service, or acceptance of
said commission. and taking the oath of Natural-burn citizens of the Philippines who, after the
allegiance incident 'L'J'Le1'eto. states that he effeclivitg.-' of RA 9225, beoume citizens of a foreign
does Sl] only in connection w1U1 in service country shall retain their Philippine eliizenship.
tc- said fo-nelg:r1 country. [David us'.A.gbay. ER. Na 1591 In Myrrh 18. 25115;
33
v. LEGISLJHILTIVE DEPARTMENT
R1l1'min.'l [nr F.l¢1'1'iw= Pnr1r*a= Unlh at AllpF.iancr and I I. | I L
FpnunfiaH in of Fnrrirn 1"i\i1r-fval'lil1

D041 Cilizpl111ti D vi. D11=11 Allp1=.ian-:Ip
RA. 9225 requires Fllipu]ms availing themselves of the
beneflls under Lhe said Act TD:
INWJLUNTARY 'WJLUNTARY
1. Take their oath of allegiance la the Rrpublj-l: of It arises when, as a result Thus raft-rs to the
the Phillpplnes; AND of concurrent situation whens a person
2. Explicllly renounce their Ecireign r.'11:lz.enship 1r application of die simultaneously owes, by
they wish to run Eur elective aim in Me different ]ares of Mn 01 SIIIIITIE l:l1:l-slliue acl, ]uyraltg,-'
more States, a person lg III [WD DT more States.
Philippines.
simultaneously
considered a citizen of
The oath of allegiance is a general requirement far aLl Ioot]1 said states.
these who wish on run as candidates in Philippine
It is allawnkd cansidnrlng It is p1n]1i]1lled lw the
elections, while the renunciation -off-oreign citizenship
that dueir nnm1it:l0n is III::mstllu1:1l::n because it is
is an additional requisite only for these who have
mere.l],r an unavoidable inimical to the national
retailled or reaequlred Philippine citizenship under
mnsequemne of interest
RA. Ns. 9225 and who seek elective public posts,
-nnntl11-cling laws of
considering t.helr special clttumstance of having more
different states.
than one citizenship. To qualify as a candidate in
Phlllppdne elections, Filipinos must only have one
Q: Is dual citizenship allowed? If plus, can l:-nrsnns
cltinenship, nalnelyr, Philippine citizenship. Uocot vs
with dual nitizensliip mn fur pull lie n-llil:e'!'
Dol, as. Na. I?51848, November27. 2oos}
A; YES. The concern of the Constitutional Commission
By renouncing foreign eltizenship, one is deemed to
was not with dual citizens per so but with naturalized
be snleljr a Fllipinn citizen, regardless of the eEfe-l:t of
-citizens who maintain their allegiance to their
such renunclalinn under the laws of the foreign
countries of origin even after their naturalization.
rnunlljr.
Consequently, persons with mere d1.Lal citizenship are
not disqualified considering that their condition is the
FilirL*1 of a ¢'pni[iratp Ni cancliflafv rlnp=. not pin
unavoidable consequence of conflicting laws of
f v t n amrrunr +4 A rrnHnI'i1*iI1n of fnfninn
4:i1:izcnship different states. Unlike those with dual allegiance,
who must, therefore, be subject to strict process with
RA 9225 requires the twin requirements of swearing respect to the termination of their status.
to an Dath l::lfA]leg1anr:e and executing a Renundatzian
The fact that a person has dual cltlzenshlp does not
of Farelgn -l:I11:1zenshll:L (841-seJ'ler De Guzman '|.'!.
disqualify him from running for public ntflce. [Cards-rs
crJm1=.'L1=:£1 ER. No. 189043, .Tune 19, 2009]
u. canister; 5.3- HD. 1745949..FEhJ"LlE]:l," /91 2009]
Effect 1:11 use of fnreiggn passunrt; E4-'lanuijing Candidates with due] citizenship can run for public
doctrine dffiee provided that upon the tiling of their certi Ecates
if candidacy, they elect Philippine citizenship to
Use of a foreign passport amounts to repludlation or terminate their st ar s as persons with dual
reeantatlon of the oath of renuneiatio n. The citizenship. HI-itercudn vs. .it-lsnzanu, a n N u. r ascal
renunciation of fonelgn l:i1:lz.enship is not a hollow May26,/959
naLh that can simply be pm-fessed at any lime, only to
be violated the next day. It requires an absolute and v. LEGI5[J'¢TI'J'E DEPARTMENT
perpetual renunr:1atl-on of the foreign eitjzenshlp and a
full divestment of all ehrll and polilica] rlghis granted
by the foreign r:ountr.5f which granted the cldzenshlp.
-a1l=l'{*~*4lLi1=I'L1H=F_
l'Hoq'r.rHing v. con-rarer; 8.8. No. 195649, april IE, l.pglilatiw pn'l»\!'{"l'
201 I.'J
The power or oompetenee to propose, enact, ordain,
Fiori-rr =1rlhf~r~r-1'1-:'p to T-"la-qui1illF; rlnrtrinr
amem1,r"a]ter. modify, abrogate or repeal laws. lt is
vested in the Congress which shall eonslst of a Senate
Matters dealing with qualifications for public elective
and a House OBI" Representatives, except to the extent
office must be strict complied with. The ]1o1.-'eity of reserved to the people by We provision on Jhltiotfve
the issue is net an excuse from stclctly complying with and referendum.
the eligibility requlremems to run for public office or
to simply allow a candidate to correct the deiilL'1enc§r
l.pglilatiw pnwrr*¢ of Cnnrnvii
in his quaI1Ecat:lon by submitting another oath of
renunciation. It is wi'Lll more reason that we should 1. General plenary power pm w, See. I]
similarly require strict compliance wltli the
z. Speeitie power of app mpriallzln n
quali Ecat:lons to run for local elecl11.-'e office. {.4.roo'l:io u.
couststi ER. No. 218164. August is, 281so 3. Taxatlan and expruprlalinn
4. Legislative lnvesdgjatian
PDLITICAL LAW
5. Question he Ur 1. Duly one subject, to be stared in the tllle of the

bit] *Ij98? Cnnstitun'nn. Art. w. Ser; 2411!
2. Three [3] readings un separate days, printed

The Inlluwingmav exercise legislaiinl\e p-nwnr copies of the bill in its final form to be
distributed to ill members 3 days benne its
1. Congress passage, except If the President certltles m its
2. Resin naI,l"Lnea] Gn1.reJ'11meJ1t Units immediate ena-l:tme11t to meet a public calamity
3. T h r: P e o p le through initiadnre and referendum Ur eme1'genq,f, up-un its last reading, no
{2l]l:II2 BAR] amendment s h a ll be allc-wed and the rate
l'.herel:ln shall be taken immediately and t h e ye a s
Dur-rrinr it shifting Mai griN* and nays entered into the luurnal g r a s ?
IE'4:l»nstItutllan, Art I-*L Sec. 2{2jlj'
For each House of -Congress to pass a bi]L only the
wires of the mainrity of those presser in the seeelcm 3. Apprul:+rlatlan hills, revenue bills. tariff bills,
there being a q1.u::ru m, 15 required. bills authorizing the Increase afpublic debt,bins
of leal apl:lllr:alltln and private blils shall
Limitations DD the Legislative Powers ufCungrEss uriglnate exclusively in the House of
Representatives [IEEE Enrlstirutl-nn, Art w, Sec
The E::11sL1tL1tlnl1 iLie]f p1a1.-'jdes ]lmllatlrJ]Li an me 24]
exercise al' legislative powers.
Classes -Ni legislative power
1. Suhstant:l1.re: Ii mitalzlens D]"l the content i t ' l a w s .
z. Procedural: Jlmltatinns DTI. 'Lhe manner of p a s s in g 1. Urlg'lnoJ': Possessed by the people in d'Lelr
laws. s o v e r e i g n eapeelty it. i n i tl e tl v e and referendum.
3. Ingress cannot pass irnepealable laws. 2. Delegated: Possessed be Congress and ot.her
4. Ingress as a general rule, eannnt delegate 113 legislative bodies bar the Conslimtlon.
legislative pnwe r. 3. Constituent The power to amend or Delurls)e the
Eonstlludon.
xpt4= See DeJ'qgnnnn nrlL9glsJ'a time Prowlers. 4. 8r'd'fnFrr}r: The 'power m pass ordlnarjr Laws.
'~'¢ul1 'itautivv lifui*'ati=1u'4
1. Elrpresr
ER: What has been delegated eannnt be delegated.
El. Bill of Right: {15l8? Eon5tltuHo4 .»1.rt HI]
b. Un Appooprlatlons gras? Eonstitur:l!on., Art It is based upon the etl'Lieal prlnelple that such
V L S e ct 2 5 onO'2 §l'f1£t2}j' delegated power eonstltutes not only as a rlgl'Lt_ but
E. I:lln Taxation near E'onstit1::tion, Art. i-"1 Sect also as 3 duty to be performed by the delegate
28 and29, par. 3) through the lnstrumentallt3.r of his own judgment and
d. Hn Constitutional appellate iurlodlction of SE not through the interI.renin.g mind of another. A
['/9-8.7 EomHmtMn. Art it Sec Jo li.Lrther delegation ofsueh power, unless permitted by
E. No law granting a tiNe of ro)."'lt'j." or nobility the sovereign power, would constitute a negat:lon of
shall be enacted HES? Constitution, .Mt W, Mls duty in violation of the trust reposed in the
Sec 3/}_ delegate. {E`rtl'af. supra' it 168]
f. Na specific MnM shall be appropriated oc
paid for use at benefit of any religion, sect, xpt4s:
etc., except for prlesE, etc, m5198 to AFP,
penal ilutltudons, etc. may Constitution, 1. Delegations to the People at la rg e ;
Art VL Sec. 29/2j}
El. RA .51735 - The Initiative and Referendum Act
2. Implied: as authorized ha' the en nstillltimlal mandate
for the eneatinn of a system of legislation 1:1.'
a. Pmhibilinn against lrnepealable laws init:latl1.-'e and referendum.
b. Non-delegatlan of powers
b. A plebiscite Is required in the ereattnn,
:l(P]'lls to Hun-Delegation D-l:ln:11"lne: division, merger, al:lnli1:1nn of prmrine-e, city,
E. Delegatlaln to the Presldent I193? nlunieipality, or barangay nr the substantial
£'nnsIImtalan, Arr. I-*L 5e-r' 28'l"2.} and Sec. alteration refits boundary.
?3{2.i!f
[II Delegadcnn to Me people l'198? NDTE: These are more of reservations of
Cnnsnln.l'nlon, Arr VL Ser. 32] power by the people than delegations
eonsiderlng t h e fact t h a t the people are
Procedural Iimitalinns repositories of all go1.rer11mental powers.
35
2. Emergenq.-f powers oEUvre Presldent; dlslriet in which he
3. Tarlff powers ofdle President; shall be elected;
4. Delegation to local governments; and 5 . Resident lhereuffar a
5. Delegation to Admlnlstra1:11.re bodies of the power period of not less than
of subordinate legislation. {{.'n.1z and ti'r'uz, supra at 1 rear lmmedlatelyr
162] pneeeding Lhe day of
the eleelinn. [Art w,
_,!g54l,lll,ll_{l1,l.ll1,,5{,l11,l_4,_ Ser: 6]
Composition of Congress HGTE: Enumeratlem is

exclusive.
Thr: Philippine Congress is bicameral in nature, T erm u fn jiee
enniposed Elf:
[2001 B.-IIE]
6 yea rs, which shall 3 years, which oh3l] begin.
1. Senate
CCI lenee, unless unless orthorwlse provided
2. House of Representatives otherwise provided by by law, at noon on the 3841
a. District representatives law, at TLDIIIT1 an the day oflune next following
h. Party-llst ["E'Fl["'ESEllt31.'.l'll.'ES sum day -of lune neat their eleetlon
falluwlng their
_1~1=l~EHll=EiEIIIEII111-1 *lliflIlirlII-1=l»flti,ili'l,=H eleetiun. Term firnir: Not more dun 3
consecutive terms.
Cnmpn'4irinrl l111aliEI"=u'inn*L and trim of nftirv Ni Tm-:rm limit; hfat mare
fllpmtH*r'4 of 1Tf»n":I1==a~: than 2 ennseeutive
terms.
Note* Senators have a

term of aMIL*e of six
Eulnpusitian
3-'ears DH a staggered
24 Scllaturs [elected Nat more than 2581
hast s - each set of
at large by qL1aLifled members, unless nther'un'se twelve senators end
voters of the Fixed by law. their term three years
Philippines as may he apart.
provided by law). NDTE: Enn8ress llself may
by Law increase the
In Imeidn Ram un!d'ez-Marcus v. EDMELEE, the Mum
enmpnsciliun of the I-l11R
upheld the qualiEr:atia-n i f M r s. Imelda Rdmualdea-
thrn1.Lgh the creation of new
Marcos [IRM] despite her evm deelaradan in her
provinces, nedlslrieling, and
ee1'tiEeal;e of candidacy that she had resided in the
attendant adiustmenrs in
dis1:r1-el Eur rJJ1l;l.r seven [7] mdndls. because it' the
number of party-list
fellowing:
relJrese11l;atjI.'es.
Qualifica lions 1. A minor follows the domicile of his parents;
[1*J*.l3, 1999 BAR] Taeloban became IRon's domicile of origin by
1 . NallLral-burn 1. Natural-burn citizen Ni operation of law when her father brought the
citise n of die the Philippines; family to Leyte;
Philippines; 2. At least 25 j.I'ears of age
2. Al least 35 3.-tears on the day nfelectlnn z. Dnmleile 11fl::rigin is last only when:
of age 1311 the day a. 'Lhene is actual nemnval or change of
of election n; KPN: A .',rnu1j:i sector dnmielle
3. Able in read and nernlnee must be at least b. 3 brma fide lntentlcm of abandoning the
write; twenty-ii'ue {25] but: not farmer residence and establishing a new
4. A registered more than thirty [30] DDE
1.rater, fears of age in the l:ia_~»' IE. ar:13 whleh enrresp-and wllh the purple
5. Resident it the of the election. Dnee he
Philippines far attains the age of 1:l1irtj 3. The wife dues nat autemadealljr gjaln the
nut less than 2 [30] during his term, he ]'Lusband's domicile because the term
years shall be allowed to 'resldenee' in Ej1.rlI law dues not mean the same
inimed iatelyr continue in nfflce until thing in Pelltieal L aw; wh en IRM married
preceding the day the eicpirattan of his Marcos in 1954, she kept he dnmielle of nrigln
of election. [Art term. ERA Al'e-_ ?5l4I, Sec. S' and merely gained a new he me out a dnmldffum
l.-T, Sec 3] [31] neeessnrium [necessary demieilej ;
3. Able to read and write,
NDTE: 4. Except the party-llst NBTE: [!lnmlelJe requires the fact of presence coupled
Enumeration is rep1'esentati'ues, a with the intenden to remain [animus marrendij nr
exclusive. registered 'enter in the lntentlnn m return when absent [animus tevertendi]
PDLITICAL LAW
4. E1.l'en assuming that she gained a new dnmiclle l:l:mllnultjlr of his serxrjoe for the full term Eur wlilch he
after her marriage and aeqLLlred d1L right to was elected. [I98? £'4nns'rf turll4:m, Art I-*L Secs. 4 and F;
cheese a new one only after her husband dies,
her ans fnllnvidng her return to the country Composition nfli'\E HnR fonz, :uniI BAR]
clearly indicates that she ehnse Taelaban, her
dnmiclie of nrigln, as her dnmidle of ehaiele.
fimeidn Rnmuufdez-Hurrns u. COMELFE, 6.8. Hn.
II9976, Eepe Is, 1ss5} As m who will vote
Di'-1"1l lau Erari nm of m-rmhpr'=a Ni F41 n1=;rp'-21 ElEEIIEd. by Ute Elected natjanally [these
etmstltuenls [I r his gamerlng at ]east 2% of al]
respective district votes east for the part).-'-list
system are enticed to 1
Na Senatcu shall serve seat, which is increased
fur mane than in [2] Shall not serve fur marc according to prapnrlihnal
consecutive Leruns. than three [3] representation, but is in no
cnnsecudue terms. way to exceed 3 Sean per
Voluntary renunciation 'L"cl]unta8.r nenunciatlnn of urgani2'.s1:1nn.]
al' the afhce for any the -n-[lice Em' an_=,r ]e]1gtl'L of R,esiden-1.8.-' requirement
length of time shall not time shall nut he
he considered as an ccinsidened Must be a resident of his He special residency:
as an
lnte1'1'1.Lptlan in du: inter t'1.ll:l1:ian legislative district for at requlvemenl;
in the
cl:mtinuit'j,-' of his ser1.nlce least 1 year imntediately
continuity of his service
Eur the full term for for the full term for which proceeding the eiectl-dn.
which he was elected he was elected [Art W, Sec.
Name in dletaaffuf
far; w, Sec 4). ?,l'. [2001 BAR]
Elected personally, by Wired upml be party or
Une who has been deelare-:1 by enrnpetenl aL1l1'll::u'it}." ELS nam E. urganjzaljnn.
insane DI' incompetent
EH'L'u'_1 nfchuqqc in in-ny affiliation
Use who has been sentenced by Tina! judlgnrent far: during inmmhrfnqr
[s1R.-18-m1
3. Subverslnn; DDES HDI nIlS\'.' scat Las-es his seat; in which
b. [ns1.Lrre1:tlnn, case he wl]] be substituted
e. Rebellion n; by another qualified
d. Any offense for which he has been sentenced person in the party or
m a penalty afmnre than 18 Jnnnlhs, DI organization based an the
e. A crime involving Moral t1.Lrpit'LLde. list submitted to the
»:e1-1ELEI:.
XPH: When the offender has been given plenary -IT
AS IN vumncy
pardon et granted alnnestjr. (EF 881, See. 12).
A special election may n. substitution will be
EvmulWr n al' mfmhvwnf Fnngrr"-:fa be held prmrjded 'Lhat made w11j:\1n We party,
the 1.raeanq." takes ala-be based DH the ]lsl
at least 1 year before submitted tb the
the next election. CDHIELEE.
E]Fl"eu':ta,*'defe|:|tin the election

Expulsion bl.' the Senate | Expulslon by the House
with the e4:lneLLrrenr:e of I with the euneurrenee of n district ."'|. party-list
zfa of all i13 members. I 2/3 of all ill members representative jg Iflflt represenlatlve cannot 511
as? Cun5tlmnim, .dot | as? Cun5:NL1.l'Nan, At: prevented feign if he ran and lost in the
l-'T, See /5. par: 3_1 W, Sec. 16. par. 3] running again as a l:l1'evious election.
district representative
ND'l'E: The Congress cannot validly amend or if he 1-:1st in the previous
otherwise modlfjr these qualification standards, as it eleetirnli.
cannot disregard, evade, or weaken the force of a
Ej'§"r;'ct nfchnngn in party ajTil'iu'!fnn
constitutional mandate, or alter or enlarge the
within months prior In efetdnn
Constitution. [Social Justice 5cl»c}et8l." 1.-'_ DDE and PEBL
GR Nos. :warn 158633, 161658, Nov. 1 once] A change in atNllatlnn ii change m affiliation
wrlLhlll months prior to within 5 months prim' la
Rule nnwhlnrary rpllullri=u-innnf nffiw election dues not election prnhlblm the
prevent a district parter-list representative
Voluntary venunciadan of ::l:T11:e for any l e n g t h of time Iepresaenlatlve fl.'*CIM from listing 33
shall nut be considered as an lnterruplinn in the running under his new representative under his
new DEI' DI'
3?
party. argjanlzalian. apportioned in aecnrdance with the number of
inhabltanl3 of each area and based in a unlfarm
_.laMina=llT:I=l=lu=l=L1=L*uMll.!l=l= and prngreeslve ratio.
z. Uniform- Every nepnes»entat:l1.re of Congress shall

represent 3 terrltnrial unit MM meme n r l e ss a
papulatlnn of 25|]l|]0]. AJ] the other
representatives shall have the same DT nearly
l`li'4tripI rvnwifnrarivvi the same ptllltital r:4:lnstit1Lenr:3.-' sn much so that
their 'antes will constitute the popular inajnrity.
Those who 3l'*E elected from leglslatll1.re dlstrlcls
appnrdaned arr mg the provinces, cities and me 3. Fmgressive - It must respond m the change in
Metmpulitan Manila area. limes. The number of I-Iause Depnesentadves
must not be so big as to be unw1eld],r ILE: us' say,
-4.ppr»:*tif1nmfnt=1flf#i91=l'i'¢'p r'li'i"Ti-"v-= there is a grnwrh In pnpufurjnn. The mn-n may
then be [n4:'r°e¢:rs9d. From 250,080 cunstituenncfl
Legislative districts are apportioned in accordance represenmtfve it mol." be re:1.ppar11¢:lned to 308,
with the number of their 1'esl:»ec't:Ive lnhabitanE and EMO r:'r.:l::lsNrr.re::lr9"/ represenmn1.*e}.
in 'Lhe basis of a uniform and pmgtessiue ralina. l'I5l8.7
£'uns'Htunen, Aft w, Sec 5{Ij} 4. Ea-ch city with a pnpulatlan oF at least 250,000
nr each pm1.-'im:e. lrrespeetlve it' number of
Legislative apportionment is the determination of the inhabltanl3, shall at least have one
number of l'EI2ll'E'33EIZlllf3.'IIi.il'E'3 which a State, country, ar representative.
ether s1.Lbdi'l.rislon may send je a legslatlve body. It is
the aiioeation of seats in a Iegislalim-'e body in GR; Theme must be pmpurtlonal
proportion to Wie population; the drawing of voting Depvesentatlan according m the number of
disl:l'1et lines so as to equalize population and voting dlelr cl:mstlluenE,r'1 nhabit3n13.
power. [Bogobuyo conner, on No. Hearn, KPN: In one city-n11e repnesentadvefnne
Deeemberi 2888] prl::1.r1 nee-l:me representative rule.
Each city with a pcpulatjan of at least 250,000 shall 5. Legislative districts shall] be neappn rijaned by
have at least one cepreaentatlve. Each province, Congress within 3 years after the return of each
irrespective of the number of lllhabltants, shall have census. [Senator Ar.]Iualnu HI I-"_ c'rJms:.Er:. ER Na
at lcastanc representative. 189793, .l4pnlJ' FL 281 so
Whlle Sec..5{3} of Art w requires a r:1t3.-' to have a

minimum pupuladan of 250,000 to be entllled ta- une
rel:mesenta1:i1.re, it dues nut have to increase its Reappnrtlonment is the realigirlmellt or change in
pnpulalj0n by another 250,000 in be entllled to an legislative distriela brought about by changes in
additlnrlal district [Senumr Aquino HI v. EDMELEIZ ptnpulaij-on and mandated by the en nstitutiu nal
ER. No. 185l.793', Apr if F, 201 '91 requirement of equalltjr of vepreaentatlnrt [8ag4:r£Ju_1.-'a
u. EDMELEC ER. Nu. I?69?l5L Del:'emberE', 2888]
]'ll'l}TE: When one o f M e munir:1paIltles of a
mngresslnnal d151:r11:l is converted ta- a city large Reapportionment may be made through a special law.
enough to entllle it to one legislative district, the The Constitution did not preclude Congress from
lneldental effect is the splirl:lng of dlslrlet into in. increasing its membership by passing a law, other
The in-eldenlal arising of a new dlstrlcl in this manner than a general oeappo rtionrnent of the law. To held
need net be preceded by a census. [Tables v. Abele; that reapportionment can only he made through a
as No. 1.-114783, De-1:'. 8_ 1994-jl general app-ortlonnlent law, with a review of al] the
legislative districts allotted to each local go1.rernnlent
E'-='ipucp fol' appnrlinnmrnt unit nationwide, would create an inequitable situation
where a new city or poovlnce created by Congress will
The underlying plrlndple behind Use rule For he denied leglslat'l1.re representation for an
appnrtj-nnment is the concept of equality of indeterininate period of tints Thus, a law oonyerting a
rep cesentatian, w h i t is a basic principle of municipality into a highly-urbanized city
republicalljsm. Cine man's vote should carcyr as much automatically creates a new legislative district and,
weight as Urie rate of e1.-'ery other man. consequently, increases die ntleinbershlp of the HoR.
[Mariano or. u. courted on No. uasrn Munch F,
HUTE: The question of the validity of an 1995]
apportionment law is a iuxdciablo question. [Mode |.-_
'
Comofeo ER Na L-18684, 5-epL /4, I§!6I} NDTE: The En nstitutien dues net require 3 pleblsdte
Em' the creation of a new legislative dislrlet by 3
l"nm1iti='m~'» fm? ::lnT1n[1i,qrl11],i\nl; legislative reappnrtil::uln1e11L It is requlned only for die
creation of new local gmrernme nl unlls. [§n'8nh1.r.}-'a u.
1. Elected from Ieglslatlve dlstrim which are
PDLITICAL LAW
CEMELEC 2008, EIR. Na 1 F59?n, Denemher 8. 2008] {.4.quI|:|4:1- and Rub-r'edn II EDMELEC G.R Na. I B9793,
[2815 BAR) A|p|pJ!1' ?',2£'J'I8j
Gerlrllnnalldcring [2014 BAR] II: Congress passed a law providing for like
apportionment of El new legislative district in CDG
Formation of one Ieglslative district aut of separate City. CDHELEC suhsequentijr issued a resolution
territories Em' the purpose of favoring a caodldate DI' a implementing said law. ]avi now assails the
party. It is not allowed because the Go-nstitutl-on resolution, contending Uiat rules for Ute conduct
provides that each district shall comprise, as far as of a plebiscite must Iirst be [laid down, as part of
practicable, cl:ln1:ig;l.Lous, compact and adjacent Me requirements under the Constitution.
terrltor1..r. According to I i i . the apportionment is a
conversion and division of coo City, falling under
Q: Congress enacted El law creating in: legislative Sec. Ii] Art. K of the Constitution, which provides
district of 1'-'lalnlns based 011 a eertificatinn it' Me for the rule oo creation, division, merger, and
demographic projection mm NSD stating Mat by abolition of LGLTs. Decide.
zm D, Malolns is expected to read: the population
of 25l]Ii:ll]|D, hence entitling lt to DIIE legislative A: There Is TID need fer 3 pleblseite. 'EDD City
district. is the law valid? pulltieallyr vemalns 3 single unll and its administramj-on
is net divided along terJ'irtl:lrJla] lines. Irs terrlt11r'},f
A; HG. -Congress cannot establish a new legislative remains whole and jnt3r:L Thus, Sec. 10, Ari; X of the
district based on a projected population of the Eunslimliu]l dues nut EEIITIE lntn play.
Natlona] Statistics Bflioe [NED] to meet the
population requirement of the Constitution in the Ho plebiscite is required for the apportionment or
real:+port:lonment of legislative distrlcis. reapportionment of Ieglslative dlstricu. A legislative
district is not a political sulstilvislon through which
A city that has attained a population of 250,000 is limctions of government are carried on; It can more
entitled to a legislative district only in the apl:+rop1'iate]3,-' be described as 3 representative unit
"immediately followiiig election." In short, a r:1t3r must that inerely delineates the areas occupied by the
First attain the 250,000 population, and thereafter people who will choose a representative in their
sue'f'L :its shall have a district representative in the national affairs. A plehisclte is required only for the
lnimediatelyr following eleetiolL There is no showing creation, divlslon. merger, or abolition of Inca]
in the present ease that the :by of Halolos has government units. {8ogo'8uyo u. cor4.1-:csc so No.
attained or will attain a population of 250,000, 196959, Deccmber8, zonal
whether actual or pnojeeted, ketone May 10, 2010
eleetlons. Th1.Ls, the City of Malolos is not qualified to
have a legislative district of is own under 5ee. 5-[3],
Jlirt. vt of the las? Constitution and Fee 3 of die Part?-1i'it w'=atpm
0rdlnanl:e appended to the i y a r Eonstitittion.
l"r-Udrshtr u. eonatet. an No. 13305131 January 25, Mechanism of proportional repvesentadan in the
20181 election of repnesenta1:ives to the HaR furn national,
wgon31 and sectoral parties or urganizatlnns Ur
Q: Congress enacted a law reapportioning the cnalitlnns therenfregistered wllh the EDMELEC.
composition of Me Province offamarines Sur and
created legislative districts thereonL Frankie HDTE: Party-list representatives shall ennstltule 20%
challenged Me law because it runs afoul to the of the total number of representatives in Me I-InR
constitutional requirement that there must be at including these under the party llsl. (war
least a population of 25i].,0i]i] to create a Ennstitutlnrq, Art W, 591: 5, par. 2) [2l]l]7 BARII
legislative district. comttec argued that the
mentioned requirement does not apply to Pu.rl1-nw nllthp p¢lrly'li'-ct 'w"-=tpm
provinces. Is the 250J000 population standard an
indispensable requirement for the creation of a To make the marginalized and the underrepresented
legislative district in provinces? nut merell passive recipient of Me States
benevolence, but active participants in the
A: run. Sec. 5[3]. Art. vI of the 198? Cnnstllutlnn mainstream of repnes)entat:l1.re democracy. [And
which requires 25D,D1]D minimum p4JI:*l.LIatll:m apply 8:1.;II»:ln.g Enynnl l.-L on:-fscsc is. Hn. 14?5ssL .furled 26,
11nl}lr flJr 3 cltjr m be entllled to a nepresentalive but 2801]
nut for a province.
To demar::rati2.e political power by giving political
The provision draws a plain and clear diMnMnn parties that cam:-at win in legislative district eleetlans
between the entitlement of 3 I.'ltl,r to a dlstrilL't, in are a chance to win seats in the H-DR [Many Fqgiaum in.
hand, and the en1:i Ilemenl of a province to a dlstrl cl an CENELEC. G.R. zarmsé. A.tJr'J!I Z, ED13]
life lst]1e1'. Fur while a province is entlded to at least a
nepresematlve, wi'Lh nll:IILhi11g mentlaned about Different parties under the parm'-list system
pnpula1:ian, a city must first meet a pnpula1:il::n
minimum of 25l].,Dl]l] in order to be slmllarljr entitled.
No votes cast in favor of political party. organization Nali-anal and RPM HMI palr1'ilp~= nerd nat 1"|pn11r1r-nt
or coalition shall be 1.ra]id eicoept for those registered tlw "mawinalivfd Ind un4fwpHw1pnIpd' 'ivftnri
under the party-Est system.
To require all ]1atlm1al and regional par ties under me
1. Political party - Refers to an organized group of party-list s!.-'stent to represent the "marginalized and
cit:lzens advocating ideology or platform, underrepresented' is to deprive and exclude, by
principles and policies for the genera] conduct Judlr:1al flat, ldenldgyr-hased and cause-driented
of government and which, as the most parties [rum the party-list system. To exclude them
iinimediate means of securing their adoption, from the parter-list sj.-'stern is to prevent them from
:regularly nominates and support certain of HE Joining the parliamentary struggle, leaving as their
leaders and members as candidate in public only option armed struggle. To exclude them from the
office. party-llst system is, apart hum being nhridusly
2. Nationof party - Its constituency is spread over senseless, patenl;l.l,f ednt:rarl'r to the r:lear intent and
the geographical territory of at least a maiorlty express warding Ni the war Eanstitutinn and RA
ofreglons. ra41. f1-rails Fhgluum v. EQMELEE ihidj
3. Regional pony - HE constituency is spread over
NBTE: I-'lajar pulttjeal par ties cannot participate in the
the geographical territory of at least a majority
party-llst eleetlems sinele they neither lack "well-
of the cities and pro1.rlnces comprising the
region. defined political mnstitueneles" nor represent
"marginalized and underrepresented" sectors. l"AMt1g
4. Sectoral par-ry - Refers to an organized group of
Pagfaum u. CG!-IFLFQ, l`h1'd..T
cit:lzens belonging to any of the following
sectors: labor, peasant, flsberfolk, urban poor,
However, the pa.1't:lcll:+at:lon of' major political parties
indigenous, cult*1.lral communities, elderly,
may be through their sectoral wings, a majoclqr of
,handicapped women, youth, veterans, o1.-'erseas
whose members are "marginalized and
workers and professionals, whose principal
undercut presented' or lacking in "well-deflned
adlrocaq.-f pertains to the special interest and
political constituencies" [Moog Pqgioum '|.". Comcast,
concerns of their sectors.
rare.;
5. Sectoral Drganieation - Refers to a group of
cit:lzens who share similar physical a'cl:ributes 01' Norina km nfnnrw- liit f"1'l1rp'~1pf1ta limper"-I
characteristics, employment, interest or
concerns. Each registered party, arganiaatien br cnalidon shall
6. Coalition - Refers to an aggregation of duly submit to the CDMELEE nut later than 45 days befbre
registered national, regional, sectoral parties or the e]eMon a list of names, nut less than Eve {5], from
organizations for political and,r'or elect:lon which party-list representative sba]] be ehasen in ease
purposes. (RA No. ?s-11, Section _'in lt bbtains the required number nantes.
Cumunsitinn of the part?-list system Limitations
1. National parties at organizations 1. A person may be nominated in one [1] list only.
2. Regional par ties or organizations; and 2. Dnly perslrnns who have given their en-nsent in
3. Sectoral parties or organizations writing may be names in the list
3. The list she]] net delude:
Natl-anal and regional parties or organizations are any candidate far any elective nEflr:e; or
different Num aeenural par ties or organizations. EL a person who has lust his md Em' e]ell:t:l1.re
Natjanal and regional parties or nrgan12a1:inns need ufflce in Me lmmed latehf pveeeding
nat be organized along sectoral lines and need nat eleclin n,
rep resent any sector.
4. No: change shall be all-awed after the 11 st shall
The party'-list system is nut snlclv fur the b-nneiit have been submitted to the CGIMELEE
nfsectnral parties KPN: Change may be a]]1:l-wed in cases where:
a. El'l]ITlllYIEE§ dies,
Sec. 5[1], Art 'nil of the -Eonstitutlon is crystal-clear h. withdraws i11 willing his nemlnatl-nn; DT
that there shall be 'a party-l1st system of registered 1; becomes i11:apar:1ta»ted
nationaL regional, and sectoral parties DT
org3anlzations.' had the framers of the 198? NUTE: Incumbent se-:tural reprlasentatllres in the I-Ink
Eonstltution intended national and regional par ties to who are nominated in Me party-list system shall nut
be at the same 1:il:ne sectoral, they would have stated be considered nesjgjled.
'national and regional sectoral liarties." They did not,
precisely because it was never their intention to make EfIPrHI[Fai111 re in submit 4 1,1 it of T~lnmi11pr1
t.l'Le party-llst system exclusively sectoral. National
and regional parties are separate from sectoral Falluve to s1.Lb1'rlit the ]131t of I ve [5] nominees before
parties and need not be orgjanlzed along sectoral Ilnes the elecdun warrants the »l:anr:eI[lalinn of the partgfs
nor represent anger particular sector. {Atorl.gr Fogloum u. registration. lfEacnj'ed-Fhilippinu Coconut Fmdurers
COMELFC, oo. No. sos?-54 April 2, 2813]
PDLITICAL LAW
Federation, lm: M mr-nI:::.E.:, ER Na 289836. Aug. 6, Inked in 3 l:mlitlr.'al party through a mali1:1un.
2013] [2015 BAR]
Qualifications of El partmhlistnnmincc 4. Sr:r:lm8I palUcs at' argjanlzatians may either be

'marginalized and undl:rreprl:s»enl1ed" or
1. Natural- bam citizen of the Phllipplnes; lacking in "wc-1l-dc1'incd political
2. Registered voter; cnnscimencics." It is enough 1118! thclr pri11r:ipal
3. Resident of the Philipplnes for at least 1 3-'eat' advocacy pertains to Me special interests and
immediately preceding the day of the election; concerns of their sector.
4. Able to read and write;
5. Bono ,fide member of the party ar organizatl-on MUTE: Those "margjnalissed and
which he seeks to represent at least so days underreprefsellted" include labor, peasant,
poeoeding election day; and fjsherfnlk, urban pcl'nr, indigenous +:u]1:ural
mmmunitles, handicapped, veterans, and
MUTE: In the case ofoeeooral parties, to be a bona overseas workers. [Lug-nf-HIp]
Jli!da party-llsl nominee, one must either belong to
the sector nepoesente:1. or have a track rleeond of Those laeklng in 'well-defined polltlr:al
advocacy for such tenor. Muong Pugfoum nr. mnsOtueneles' include professionals, the elderly,
oJmf::.Er:; ahad.} wiomeJl. and the §.rourtl1. [PEWY]
E. At least z5 years of age. [Far youth aeetar 5. A mainrjty of the members of sectoral parties nr
namlneea. at least z5 1."'ars and not more than 31] nrgjanlzalinns Mal represent the 'marginalized
yearsuf age] and underrepresented" or these represen1:ing
parties DI' nrganizatlnns that lack 'well-defined
MUTE: Any .'l."'u&1 representative who attains the pnlitlcal r:rJnsl1t1:lenr:ies" must belong to the
age of 30 during his term shall be allowed to senor they respectively' represeol;
IL'l:lnt:lnII.1e in office until the expiration nfhis term.
6. The nominees of SECTDRAL parties or
Di'-1rlnlulrp of Hamm -allP=lrt1¢'-l.i'it Ih[rrminpp'=a organizations Uri at represent the 'marginalized
and underrepresented" or that represent those
The CGMELEE has a constitutional duty to dlsclose who lack 'well-defined political coJ1stltueJlcies.'
and release the names of the nominees of the party- eidter must belong to their respective sectors,
list groups, in accordance with Sec. T, ArL III of the or must have a track record -of advocacy fer
198:-' Constltutlon on the right of the people to their respeeti1.re sectors.
information an matters of public concern as
complemented by the policy of full disclosure and The nominees of NATIGNAL and REGIEINAL
transparent in Government. {8aoto_1." RE ?5141 H. parties DT nrganizatlans must be Ilnnu-fide
con-r£L£c. so Ho. l:?F"2'F'1, on. No. IL7?3I4-, Moy 4, members -of their rvesprbctlvn parlics DI'
200:-'1 urgjanlzaliuns.
Guidelines in determiningwhe may participate in NaUun3l. regiu nal, and sectoral parties DI'
the parter-list elections organizations shall not be diaquaillied lfsume of
their nominees are disqualified. provided that
1. Three different grn-ups may pardclpatez l]1e1.r have at least one nominee who remains
quajilied. rfnxm
El. National;
b. Reglnnal; and NIJTE: It is due parties or organizations which ave
E. Eecnural parties DT nrganifad-uns. voted fur, nut their candidates. I-lnwe'uer, lt is the
l:*art§l.r-list repcesentati1.res who ace seated nr elected
z. National parties or twganizatimls and regina] into nEIice. nut their parties or drganizatldlm {AEJI:!_1.»':rn
parties Ur organizations dn nut n e e d t o U. HRET, so No. 189466, Feb. 1 I, 281 UI
organize aElnng sectoral lines and do nut need
re represent any 'marginalized and Effect it' Me change in aiiliatiun of am' party'-list
underrepresented" sector. rpnrp'4f'nt1ttiw
3. All political parties must register under the Any elected party-Hist representative who changes his
part;-'-iist system and do nat Held candidates in party-list group DI several afE]iatln11 during his term
legislative district eleetians. nfeMIL'e shall forfeit his seat. IMmures v. HRE71 ER. No.
189688, tune 29, go] U)
A wIiOea1 party, whether major or nal, that fields
candidates in legislative district eleetlons can NDTE: If he changes his l:loll1:l1:al party DI' 3-ectora]
participate in party-list elections only Ithrougll affiliation 'nth in El months before an election, he shall
in sectoral wing that must separately register not be eligible for nomination as part'j.-'-]lst
under the pa1't].-'-list system The sectoral wing is nepreaenlatlire under his new puny or orgamz::rl.'ion.
by itself an independent sectoral party; It is {.-imore5 u. HRET, Mia;
41
Yafanrlf in the 'ipaI 1"p1fn'rd for pam'-1i'-it NDTE: In computing the nddNianaf sears, the
lrppH'ipnt=u'i1rp'i guaranteed seals shall no Idler be included because
the.' have already been alldeated at one seat each to
It shall be automatleally coupled bl.* the next e1.rerl.r two-percenter. Thus, the remaining alai]able
representative from due list of nominees in the order Sean Fur allacadun as "additional sealy' are the
submitted Br the same party to the EDMELEE and maximum seals reserved under the p.ar't},-'-llsl system
such representative shall serve for the unexpired less the maranteed seaT_s. Fcactjdna] sea!! are
term If the list is exhausted, the party, organization, disregarded in the absence if a pn:l1.rlsi-an in RA ?941
or r:oaI11:lon concerned shall submit additional allowing am' a mu ndlng off of fracdena] sears. (HAHA T
nominees. u. EDS ELEC J'bfd.}
"nrfnula mnfurlatrd to Il'lp 1T~'m'4Iitl1Iilr+u To 3% r*11'r1h=a1d at 1"p:!aIr1'1 *hr =\1l=:lr=lrTnn of

determining the numhcr of party-list additional seats is no-tvalid anymore
rnpnrsentativrrs
The Court strudt down the 2% threshold only in
The number of seam available to party-list relation to the 01s1:l'1 tlutioJl of' the ol:[d1tfor:ol sears as
repmsenubves is based in the ratio of parer-list found in the 2nd clause of Sec. 11[IJ] of RA 'J"941. The
reprlesent.a1:11.res m the total number of 2% threshold presents an unwarranted obstacle to
rep nesentadves. Aeenindlngly, we -l30-mpute the number the full lntplententatlon of See 5{2], Art "-."I of the
of seam available m party-list nepnesfentarhfes from Eonstltutlon and prevents the attainment of the
'Lhe number of]egis]ative di3tl'11:E. "broadest possible repnesfentatlon of party, sectoral or
group interests in the House of Representatives."
Hu mbe r of 1"BA1'IMT u. co:»ff:u::f1 goto.;
seat: available
m legilslatlve NUTE: The 2% threshold is constitutional only Insofar
Number gfgg'313
Id.i.5l|'iC"I8»-
X D.2D = air affable to party-list as the deternUnatlun of the guaranteed seat is
0.8 'DCllI'DE]']1Ed.
representatives
Rpl'ln=11 andffmr llallrpllarinn of Rpp:i*vtralin11
Simpler formula: Nu. of seam available to legislative The EGMELEE may, my-tu pmprie DI' upon a verified
disl:l'11;'ts DIVIDED EY 4 complaint of any interested party, refuse DT eanr:eL
after due nnliele and hearing, the registration of any
The above formula allows the corresponding increase natlrJJ1aL regional -nr sectoral party, urgianizatlrnn DT
in the number of seals available for party-list eualitlan or any of the Ell:l]l1:l-wing grounds:
re|:mesent.a*L'i1.res whenever a legislative district is
created bylaw. 1. It is a religious sector denomination,
organization or association organized for
After prescribing the ra1:lo of the number of party-list religious purposes;
repnesentat:l1.res to the total number of 8. It advocates violence or unlawful means to seek
repreaentat:l1.rea, Me Constitution left the manner of HE goals;
allocating the sealy available to party-list 3. It is a foreign party or organization;
repnesentadves to the wisdom of the legislature. 4. It is reoeinrlng support loom any foreign
[EANAT u. for-rein; ER No. 1?5r2?1. Apr'H21, 2009] go1.rernrnent, foreign political party, foundation,
orga nizatlon, whether dj le-cdy or through any of
Glzidflinfi in 1111nl. allnrntinn -of wars [nr Dart?-1i'-it HE ofNoers or members, or indirectly W'ough
1"pw"¢'1f~l1t=v'iyf-'i undpl" '<f- 11 of IE-'A T441 [2014 third parties, for partisan election purposes,
8.-mm1 5. It violates or fails to comply with laws, rules or
regulations relating to elections
1. The parties, organizations, and coalitions shall 6. It declares untruthful statements in ins petition;
he ranked From the highest to the lowest based 1-'_ It has ceased to exist for at least one [1] year,
an the nulnl:ler of votes they garnered during 8_ It fails to participate in the last two [3]
the elections. pl'eceding elections;
2. The parties, organizations, and ooalitlons 9. It fails to oOtain at least 2% of the votes cast
3reee11.rlng at least 2% of the total 1.-'otes east for under the party-list system in the two [2]
the party-list system shall be entitled to one preceding elections for the constituency in
guaranteed seat each which it has registered
3. Those garnering suffleient number of votes,
according to the ranking in paragraph 1, shall be Tl'-P FIG:-mr Ruling
entided to additional sea13 in proportion to
their total number of votes until all the Eecuan 15[8] of RA T941 pmvldes fm' two separate
additional seats are allocated. grounds for delistln8; 111296 grill-unds :annul be mixed
4. Each party, organization, or coalition shall be or clumbined lu support delist fig.
entitled to not more than 3 seam
PDLITICAL LAW
The disqualification for failure to garner 2% l:+arq.r'-11st well as bills lntmdueed in Cmrigress, whether the same
1.r4J-tes in two- preceding elections shau]d NEW be is in session or nal, and other acts performed by
understand, in light of Me Hana! ruling, to mean Enngressmen, either in Congress at outside the
failure to qualifj,r for a party-list seal in rwn preceding premises hoiislng its cnfflees, in the official disdlarge of
e]ee1:1l::ns for Me constituency in which in has their duties as members of Ilengress and of
registered. [PER II ccnctsc GR. No. 190529, Apr#29, Congressional Committees duly autharlzed to perform
2i'1II5!j its fl.ln1:tlmls as such, at the time of the performance of
the acts in questjan. Utmenez '|.". Esb4:l'r4gtJsng. as. Nu.
L-I55415, August 3. 156-Ej
l.llJL'{l
Q: The Senate Committee on Accountability of
Public Ufficials and Investigation conducted an
investigation, in aid] of legislation, regarding the
Grams the legislators the privilege from arrest while alleged P1.l5l]1 billion overpricin,-g of Ute new 11-
Eungvess is 'in sessill:ln', whether regular at special, storey Makati city ]-lall II Part-Ling Building. During
wid: respect to altenses punlshahle be NDT more than media interviews in the Senate, particularly
15 years of lmprlsanment, use? Constitution, .err_ l-T, during gaps and breaks in the plenary hearings,
Ser; 111 whether at nat he is attending the sesslan. Sen. Trillanes expressed his opinion that Antonio
[People v. }'afnsjlas. ER. Nas. I328:?5-?6, February 3, Tiu appears to be a 'fro-nt" or "nominee" or is
2000] acting as a "dummy" of' the actual and beneficial
owner of Ute Hacienda Binay. As suclt, Tiu filed a
Nam Session :overs the entire period from i13 inida] complaint for damages against Sen. Trillanes.
1:nn1.fe11ing 1.Ln1:Il 113 Rna] adjournment Eonsequemdy, Sen. Tl'il.'lanes asked for Me
dismissal of' the case clairniog he enjoys
Purp-use it' Parliamcntarv Immunities parliamentary immunity. [s Sen. Trillanes correct?
A; ND. The remarks of Sen. Trillanes fall outside the
It is not for the benefit of the oEI'lcials, rather, it is to
p1'i1."ilege of speech or debate under See 11, Art vi of
protect and support the rlghls of the people by
the 1438? EonstltutiorL The statements were dearly
ensuring that their neptesentatjnres are doing their
not part of any speech delivered in the Senate DI' any
jobs according to the dictates of their conscience and
if its comntittees. They were nut also spoken during
to ensure the attendance of Congressman.
any debate. It cannot llkewise be successfully
contended that they were made in the official
[-PEi'4laIiyr Pl'i'¢"i1'I'!'1" discharge or performance of5en. Trillanes' dudes as a
Senator, as the remarks were not part afar integral to
Na member shall be questioned or held liable in any
the legislative process. To par ticipate in or respond to
forum other than bls respeetlve Congressional body
media lnter1.rlews is not an ofllcial fl.lnction of any
for any debate or speech in Congress or in any
lawmaker; it is not demanded Br his sworn duty nor is
committee thereof. rr53? Eonsritutl-on, Art w, See 11,
its component of the process of enacting laws.
Pobre v. S'err. S-r:l'ntla.g-o, AC. No. ?399, .4r4gust 25, ;'£18'§j
A lawmaker may well Oe able to discharge his duties
Limitarinni on l.piri~1lalivr prilrilt?I" and legislate without haWing to communicate with the
press. A Iawnlaker's participation in media interviews
1. Protection is only against the forum other than is not a legislative act, but "political in nature," outside
the Congress itself. Thus, for defamatory of the ambit of the immunity conferred under the
remarks, which are otherwise privileged, a Speech or Debate Clause in dte 198? Constitution. The
member may be saner:loned by either the Senate privilege arises not because of the statement made by
or the I-IoR, as the ease may be. a lawmaker, but because it is uttered in furtherance of
Z. The 'speech DT debate" must be made in legislation. {5'en. lilntonio 'frlff-ones vs Hon. Etiongeiine
'perlnaormanee of their duties as members of Eostillo-.I-forigromen, G.R. No. 2234-51, March 14-, 2818]
Congress. Purpose of legislative priwilrnr
R¢'al1irr~mmr'4 tor Igor' uri-.rilfr:p of 1n1Iprl1 and The purpose of the privilege is to ensure the eFfe1L't1\fe
debate to up-crate dlsseharge of functions of Ingress, The privilege may
be abused but it is said that such is norm damaging or
1. Remarks or cnmnlenls are made while in detrimental as edmpared to 'Ll'Le denial or withdrawn]
session; and nfsurh privilege.
Must be made in mnnectinn old! the discharge
II:IEuMd al dudes The senator-law;-'er's privilege speech is nut
aetldnable erlminalljf nor could it be subject to a
1`nwra+*f Ni 'ippp*h41? flptlatp disaeipli]larj,-' prdeeeding under the Ru]es of [id-url. The
[Luurl. however, would be remiss in in duty lil let: the
It includes utterances made by Congressmen in the S-enatdr's dl"Tens1ve and disnespeetful language Lhat
performance of their mufti-elal funetians, such as tended to degrade the lnstilutidn pass-by. It is
speeches delivered, statements made, or votes east in imperative in the Court's part la re-lnstlll in
Wie halls of &npess. while Wie same is in sesslun. as
43
Senator,FAtt'5-'_ [Santiago] her duty to respect oourls of Parlirular inhihitione alt=1rlltd to Igor* 1P€WWVP
justice, especially this TribunaL and remind her anew -'ITE-"r-'inf '4rna*nr1 and Fpl+rpwnp»11ivr1
that parliamentary non-aoco1.Lntab1Iiq.r thus granted to
members of Eongless is not to protect them against 1. From "personally" appearing as -counsel before
prosecutions Em' their own benefit, but to enable any court of justi-oe or before the Electoral
'Li'Lem, as the people's representati1.res, to perform the Tr i bunal s, or quasi-iudietlal or other
functions of their office without fear of being made adminislnative bodies as? Constlturiorl, ArL 1.-T,
responsible before the eourls or other forums outside See. I4-j [2004 Evan]
the congressional hall. It is intended to protect
members of congress against go1.rernnlent pressure NDTE: Since the practice of law covers a wide
and lntinlidatlon aimed at influencing the decision- range of Ieglslatltre actlWtles 4"Ea.L-'etono u. Monsocl,
making prenogatlves of Eongress and its members ER. No. 10-11111 Sept. 3, 1991] the Senator or
[Fobre if. Sen. Delbnsor-§ondogo. AE. No. 73531, Aug us: member of House of the Representatives is
25.20091 allowed to engage in other aspects of the law
l:lractl-ce such as the .gimn.g of legal advice to
C11rl£1'r1'»: 'in rprr'il" client, negotiating contract in behalf of cllenls
which necessitates legal knowledge, pneparatlon
If the recesswas called for in between a regular DI' of documents and similar others..l"Plned'o, Lego!
special session, Me Congress is still considered in Ennis, Page 34]
session. But if the recess was the 30-day oompulsnry
recess, Congress is not in session. {I98? Constitution, 2. Upon assumplinn o f nfFlr:e. a]l members of the
Art w, See. 15) Senate and H O R must make 3 mu dlsr:]nsu1'e of
their fi11anr:1a] and business Interest. They shall
Pruhihitiuns attached to a Iegislamr during his notify the House concerned of a potential oonfliet
IEEIII. in interest that may arise from the filing of a
proposed legislation of which their are authors.
H 98? Constitution, .rlrt w. Sec. 12; [2l]l]4, 2010
BAR]
'1 sl: sizntencc of Sec. 13, 2"d 5 l:ntl:nl:c of
AFLVI Sec. 13, Art; v I aftarhrd to srnarnn
Di*1nl1a1ilir'=I'fn111 =\flrl
Senator or an r member of H DR Representatives and Lheir' applieatinns
.11 I. HOT hold .:=ill;jl I 3[JIII0i]1112l l :
uLlll:r Dffifi Ur al l _~lf uLlll.1: which had
cml:l]n;.rme11t In the been c r e a t e d, DI thu Incenmpaljltdc Ilfltli nr During his [Ell11
E-l:wwernnlenl. d1.LriJ1g EMDMMEHE theredil
hi s term wi thout i nc r e a s e d during du If he does in, he forfells
.urfeiliqg his sea: term for which he was his seal MSIE?
elected Consti tuti on, Arr. FL Sec
I.3j
HDTE: After such mol* Forbldden DEflr:e If the office was created
a n d even If he is re- El" the El'l'.l.DILllZll'IE]1T§
elected, the thereof increased during
disqualllicatldn on l e nge i the term for which he
appl i es and be may was el ected al 98?
therefclrehe appdlnted to Ccnstltunlm, Are 1.-T, See
'The r'!nI'l-:'r" I 8 'j
1|'1.ut1:|matica]]]|r fmfci 8 K l'll I .l iS wlllinl. J Cannot personally [:Iul'ing his term of afllcc
seal Llp4]ll Me fauihlt his mal, he may appear as c ouns e l [I SIE? £'4:l»nstItutlnn. Art
member's assumpdan nut be appointed m s a i d before any court of w, Ser ; 14]
of such other nML'e affine iustl-oe, electoral
trll:luna], quasi -
MPH: holds other once Purpnsr: ID pr e v e nt i udi el al and
joe e.:-ajiicfa capaclqr trafllr:IL1 fig in public: adnllnlsn"ati1.fe
ME-me. bodies. [2004 BARE
M0112 an MrJJc of Cannot be finalteially [:lul'ing his term of aflicrr
in]1ihltiun prrnllibllian interested, direedy DI' fl98? L'nnsrItut1-nn, Art
i ndi r e c t l y , in any w, Ser ; 14]
Rule in increase in salaries of members of euntraet with ar in
Congress any h'anehise. nr
speci al pr i vi l ege
Increase in the salacles shall rake el'Tect after the . gr anted by the
exl:»1ca1:1-an -of the ful] term of all the members -of the Government {2004
Senate and the House of Representatives approving Ban]
such increase. ,['l9E?ti'4:\nsrfculian, .4.rc w, .Sec LD]
4-4-
202 1 EDLDEN NIJTES
PDLITICAL LAW
j
Cannot intervene in When it is for his fur in fallr1:lr it' the art for it
anger matter tiefane any pecuniary benefit DI' to be approved.
afNee of the Gn1.r'L where he may be called
[ZIID4-BAR] upon III act D11 account of lnitanrri whpll cnnL'Il'r'=a*1 in un-IiI1£ '44'l1=1I=1rf*l\' all
his free. (I98? vulingiaimJ1,§
IC'nI1sLiturI4:rn. .»1.rt 14, Sec.
14,1
iihddsing the 1. Wbmi re'i'nkil1;', 1`JI
FI
1.
-l.lll'llll[:l'IM ,fun *lll:lll§l*lillilll411l:w President in case of 3 extending the
tie H98? ISu-nsLltuI.1an. Pl'DC]3ME.'[iDTll
Q44-mn1 Art WL Sec 4}- suspending the
2. Determining pri'ui]ege of writ Ni
Such number which enables a body to transact its Presidents inability to habeas corpus 6198?
business and gives such body the power la pass a law discharge the powers ti'4:\nstftuti»Jn, Art or,
ar ordinance at' any valid act that is binding, In cut' and duties of his aEIll:e Sec. 181.
constitution, it is required that the quorum be a use? 545l-nsLftliti0:r z. When reuniting DT
maiorlly of each house. Art I-"IL Sea He. extending the
3. Cnniirming declaratjan of
NDTE: In computing qlunrum, members who are n::lmina1:l::ln o f 'J iee - martial law fins?
-nuisjde Me can nlrj.r and, thus, -inside of each House's Presldenl [I987 £'nnstftution, Art or,
Jur1s)d11:1:il::n are went included. The basis Eur l'1'4:rnstf tutlan, .urL wr, Sec. I8j.
determining the e:-dstenee of a que-rum in Use Senate Sec. 91.
shall be the rural numbei' of Senators who are within 4. Dl eel ari n g the
the eclen:l'ue jurlsdjelinn of the Senate. [AL-'eHna nr. existence of a stare of
Cuenca. GR. Ha L-2821, Mnnrh 4, 1949] war in joint sesslnn
(1587 C4:rn5Litutalon,
E lTpft if t*1plrp ii n-:I quorum Art FL Ser. 23, Parr. I j.
5. Proposing
Each I-Iouse may adjourn from do],r to day and may Cnnstltudanal.
compel the 3.ttE]1d3T1'IIE' of absent members in such amendment {'198F"
man her and under such penalties as each House may Cnns'tf tutlnn, Art no,
provide. 5ec. /3.
NDTE: The members of the Congress cannot eompe]

lmlnnl'¢*1 when l':nngr'pi=1 'lmllpl her mninrirv
absent members to attend sessions if the reason of
absence is a legitimate 111l*E. The confinement of a
Eongnessman charged width a non-bai table offense is
certainly authorized b1.r law and has eonslitutlonal Elect the Senate l'vlaJarit'.!.-' vote of all ill
foundations. l"Peop[e 1-' ,f0'fnsJ|osI. ER. Ho. I32E?5J-'6. President or House of 1esl:lect:l1.re members
Febrluor:l.= 3, anno; Representatives 5198? CnnsnL1.rltinl1, Art
Speaker w, Sec. IE, Par. U
Instances when the Eunstimljen reuLli.res that the Eammisszian DI! l'v!laj1:l»rit'.5-' vote of all thi:
vans and nays of the Members be tal-Len even' time Al:»pn1 ntl'nenl3 nu]ing members frs18?
n House h=t'it=1 gnu* 4§§nnstimtaas1l. As; l-'L 5-ec.
18]
1. Upon Me last and lhlrd readings of a bill (1939 Passing a law granting l'v!aj1:lrit'.!.-' of all the
ti'4:\n5NL1.l't{on, An; w, Sec. 26, par. 2', members a-E Congress
any tax exrmptian
-i s ? CnnsnL1.rltinl1, Art
z. At the request of 1,r5 of the members present
v`1', Sec. 28, Par. 4:
{I5IE?C4:rnsrIrr.rr[nr1, Art W, Sen 16. par. 4-}; and
[nstaoees when Congress votes ether Lhan
3. In repasslng a bit] over the vena of the President
mainrityf
fr518? ILT4:rnsII.tr.rr[».'Jr1, .4.rL w, Sen 2?. par. I]
'inljng scum ratclv vs. rating iainlzh-'
Tususpnnd »:lr l:xlll81 a 2,-"3 ul' all its members

The required amount of | The rate member in [I98? Constitution
rates must be nbtalned in | requirement accordance with ill ArL FL Sec. /6. Par. 3
each House. 1.e. If 2,4 vote | determl]ied based an rules and
is required with the | Me total number of procncdlngs
Houses 1.-'atin8 separately, | the Members of the
2,,l'3 of the Senators must | Congress [Senators
rate fur in AND 2,-"3 of the | and Representatlves
RepJsentati1.'es m1.Lst rate | enmtl-insd]
45
To enter the Yeas and 1,"' of the members Fnesidentlal elections 5198? Ennsntunfnrq, .l4.rL
Hays in the laurnal present 1-"IL Sen 41
{I98? IS'nI1sn!I.'utInn. Art During impeachment proceedings (193?
w, Ser. 16, Par. 4 Eanstitutlnn, Are; XI, See 3, par. 4 and 45}.
Ta declare Lhc 2,-'3 of both houses in
cxlslence -of a slate of inint session 1.-'utlng In a special session, the Congress may oonslder
war separately "general legislation or only such subieels as the
use? CnnsUmtMn. Art President may designate". In a regular session, 'the
W, Ser. 23] power of the Congress is not ciroumserlbed except by
limitations imposed b:,' organic law." [Cruz and Emf
Philippine PoJ'itl!r:o1 Low, p. 24 U
T~l-mn-inI1p"¢'pn\invt of 1"fmrt"» in Liv' imnlfmfnmtinn
of Il'IIP int¢'r11==l rulr-'inf 1Tn11r,rr"-1 ll-'landamrv rcncss
AS part of their inhenenl pnwel' Congress can The 31]-day' period prescribed beinre the npenlng of
determine their own rules. I-Ienee, the r:l::IL1r13 cannot the next regular sessldn exriudlng 5at1:lr\dalrs.
intervene in the lmplementntlnn of these rules Insofar Sundays, and legs] holidays. This is the minimum
as they alTe1:l the members of Ingress. fflsmericr LL period if recess and may be lengthened by the
Pendutun ER..No L-I F14-4. Gctaher 28, /9601 Congress in is dlseretidn. It may, however, be called
in special sessi-dn at any time Br the Fresldent_ {I5l8?
E1 prod u lTlrprl of l1nm=;l'p'=w Can-sLltunnn. Art. W. 5ee 15]
1. Senate President Rule 0-n Adinurnment

2. Speaker of the House
3. Such ul'Reers as deemed by each house to be Neither House during the sessions of the Ccltgness
neeessarjr shall, without the consent of the ether, adinurn for
mere than 3 days, her m any other place than that in
'Jute requirlcd in clcftinn ¢1fnMr.'crs which Me two I-Inuses shall be sitting, 5193?
C4:rnsdtunlnn. Art. I-*L Sec 16, par. 5]
Majority wtf of al! 113 vespe1:li1.re member [1989
Eunsrftunhn, APL W, Ser; 1-li par. I] NDTE: The phrase "any ether place" as here used
refers not to the btdldlng but to Lhe political unit
Regular snssi-n n of Congress where the two Houses may be sitting. Hence, if bath
Houses are sitting in the same huiiding in the City of
Congress ECI]'1§.""lfllE§ once every year an d'Le 4th Monday Manila, either of them may sit in another bulldiltg in
of July, unless otherwise provided for by law. It the same cltjr without getting the cnnsfent af'LTLe other.
eondnues in session for as long as it sees flt. until 3D l"Er'uz and Cruz, Philippine Pbfitical' I.m4.5 p. 258]
days before the opening of the next regular session,
excluding 5atl.Lndays. Sundays, and legal holidays. Mila ummtnr in# riff
fl98?ConsUmnon, .Mt W, Soc. 15,1 -[1996 BAR]
An interval between the session of one -Congress and
Instances when there are special scssinrls that of a nl::l:.he r.
1. Due to vacancies in the offices of the President

and Vice Pnesldent at 1D 0'c]0ck a.m. on the
_=l'I*~'f'*Iiill».'I=l'!i-III-§l:4=[p.'_
third day after the vacancies {19'8? Eonstlll'utFoi1.,
Art I-"'J'.t, Sec. Ill] Di'irinlil1=m' nnwpr -'11 l"nnI'n'i'-z
2. To decide in the dlsabillqr of the President
Each house may punish 113 members for dlanrderly
because a majority of al] Me members of die
behavior and, with mneurrence of 3,4 et* at] its
cabinet have "dlsplLLted" his assertion that he is
members, suspend, far not mare than 60 days, at
able to discharge the powers and duties if his
expel a member. l"I98? Eanstilr.rlian., .»1.rL Vi Sec. 16.
ofFlcle [I98? Eoristitutlolm Arr. or, Sec 11)
par. 3] nana, 211112 BAR]
3. To revoke Dr efxnend Me Presidential
Proclamation of Martlal Law or suspension of Dcterm inaiiun afdisuriderlv behamdvur
the privilege of the writ of habeas corpus use?
Constitution, Art 1-TL Sec 18] The House of Representatives is the judge -of what
4. Called b:.' the Presldent at any time when ctrnstltutes l:iisorde1']1.f behavior. The courts wl]] nut
Congress is not in session use? Eonsl1rr.rtFon, assume Jur1s»d11:l1tl]1 in any case which w'jll amount to
Art w, Sec 15] an inte1'ferlenr:e by the judicial depa.1'tment with the
5. Tc- declare the exigence of a state of war in a legislature. Hismefiu u. Pendutr.rt7. is. Hn. I.-IFI44,
Joint sesslnn, l11.f vote of 2.8 of both Houses D4:'t0E.1er28, 19693
,l"198.7 IS'onstitunlon. Art. I-*L Sec. 23, par. 8
E. When the Congress acts as the Board of NDTE: Members of Congress may also be suspended
Canvassers for the Presidential and 'Woe- is the Sandiganbayan DI by Me affine of the
PDLITICAL LAW
GllnbuOsman. The suspension in the Constitution is 3. Failure of the President to veto the bill and to
different from the suspension pneseribed in RA 3019 return it with his objections to the House where
[Anti-Graft and Corrupt Praetlces AM]. The latter is it originated, within 3D cal-ts after Urie date of
not a penalty but a preliminary preventive measure receipt
and is not imposed upon the petitioner for 4. A bill calling a special election for President and
mlsbehalurlor as a member of Congress. (Sai-nlago U. '!l.i'1ce-President under Sec. 10. Art. 'II"ll becomes a
Sondigsnboynn, ER No. 1280.53 Aper 18, 2881] law upon ills approval on the mini reading and
final reading.
Preventive susuerlsinn is nut a penajw [2l:l15
BAR] I"1NP hill-nut '~u1hi¢~:* rule
A court-ordered pneventWe suspenstnn is a Mer? bill passed by the Congress shall embrace only
preventive measure that is dTj]'érent and disrin4:'t from one s:LLbje4:T_ The subject shall be expressed in 'Lhe 1:itle
the suspension cindered bl.' the HER [or disdl'derly eft.l'Le bill. This rule is mandatory.
behavior which is a penalty. Such I-Inuse-lmpased
sanction is intended to enforce discipline among i13 The purposes of such rule ave:
members. ,['F'aredes., or. u.5'nnd'4;l'nnhaynn, ER No.
118354, Aug USE' 8_ 1995] 1. Tl] prevent hgdggpgdgg DT .lug-rolling
Iegislatl-nn,
NDTE: The suspenslnn under the Anti-Graft Law is 2. To pw.-'ent surprise DT Fraud upon the
mandatory, lmpesed net as a penalty but as a Iegislamneg and
preeaudunaljr measure to prevent the abused publle 3. To fairly apprise the people of the subjects of
efticer from frustrating his ptuseeutien. It is inddenta] legislation. [Eenm:rJ Cupful u. Ramirez ER Na L
to the criminal prueeedlngs before Me r:ll:l1.1rr_ Il5I5l?,. March 12, 1920]
The I-louse-lmp4:ls)ed santtlnn on Me other hand, is a Determination of the suffi-ci-l.\nL'1l.r it' the title
penalty for disorderly behaW-]r.
It sufflees If the tide should ser1.re the purpose of the
Thus, the under of suspenslnn in the Anti-Graft law is eonstltutlonal demand that it informs the legislators,
distlnet fmin the power -of the Congress under Me the persons interested in the subject of' the l:dlL and
Constitution to discipline its own ranks. me 1.-fenecia the public, of the nature, scope and eonsequenees of
or., v..S'undigIanbnyan. ER. Nu. 138248, Fehmary E, the proposed law and its operation; 1j:u.ls, prevent
2802] surprise or fraud upon the legislators.
Test Wheller DT nut it is misleading; eithei' in

referring to ar indicating fine subject where another
Rulr4 lr'pi!i\rl:lil1!1 *hr l1a'a'49Ep of hills DI' different one is really embraced in the act, nr in
nmltting any efxpressltm or indlcatlml of the real
1. Ho bill passed by either House shall became a subset Ur seinpe of 'Lhe act {Lidr1:l:ln Lf. CQMELEQ GR
law unless it has passed 3 neadlngs an separate ND. L-28089, Oct 25, 1969;
days.
2. Prlnted copies of the bit] in HE final farm should
Hurrdlf-r :of 1rpaflifu8'4 hall-avr twfnminr: a laws: [1996
he distributed to the Members 3 days before 18 BAR]
passage
3. Upon the last reading of a bill, no amendment
thereto shall be a] lowed.
4. The 'note on the bill shall be taken Immediately
First Reading Only the title it the hill is mad,
after the last 1eadlng of a bllL
than II is passed to the proper
5. The .peas and the nays shall be entered in the
committee fur study
Journal.
Strand The entire Tex: is ml:ad. and
xpt4= The eerdlicaddn of the President, due to the
Reading debates and amendments ave
necessity of 1m immediate enactment m meet a public
hem.
calamity Dr emergeltqf, dispenses with the reading on
Third Reading 0l1jr the title is read, and votes
are taken lmmcd rate]]lr th431cat'tcr.
separate days and the printing pf the bill in the flora]
Edrm before lI.s flora] approval. ffnienlinp '|.". _'i'el:retar}r
refinance ER. Hp. 115455, O:n:rber'3El 1995] MUTE: Each hill must pass 3 readings each in bath
I-II::1.l5fr:s. In other WI:mds. there must be a rural of 6
Ineranlwa ww'lpn :L hm h1p¢rnm4p9 al law {1991, 1993,
neadi]1,g3.
1996 BAR]
ER: Each neadlng shall be held on separate dajl.rs and
1. Approved and signed by the President printed espies thereof in HE Final farm shall be
2. Ptesi dental vet cl overridden by 2/3 vote of all distrlbuled to 113 Members, 3 days before 113 pas-sage.
members of bl::ltJ1Hn uses
4?
KPN: If a bill 15 certified as urgent Ba# the President as advance the intent of subsequent legislatures DT the
La the neeessltjf of iL-1 immediate enactment to meet a effect of subsequent Ieglslatlnn upon existing statutes.
public calamity DT emergency, the 3 readings can be Maas :fain v. Senate, itJid.}
held DU the same day pee? Constitution, Art. w, Sec.
i'6{?i'J'
Rp=l4nn*i for thp ""rhrpl\ rp=lding1; in 1p_n:*r=l1p Dave" I n a bleameral system, bills are independently
mln processed by both Houses of Congress. It is not
unusual that the final version approved by one House
To prevent hasty and impmvldenl legislation and differs Nom what has been app1'o1.red be the other.
afford the Ieglslat-urs time to study and deliberate die
measures. The 'conference oommlttee.' l:onsisling of members
nominated from beth Houses, is an extra-
The tw1n-Enld purpose: oonstitutlonal erealion of Congress whose E1.Lnetion is
to propose to Congress ways of setljing, reenneillng or
1. To inform the legislators of the matters they threshing out eonflletjng provisions found in die
shall vote an, and Senate version and in the House version of a l:dlJ.
2. To give them notice that a measure is in [Grp-fnion 5-fi Cofiejo, Er., .d.su1K.4oA U. Ermfto, on No.
progress through enactment process. (ANts 168056. September 1, 2085)
Hide, H. Senate, ER. No. 151t52r1. D-rtoher 18,
2811] TExt-rnt of *HP pnwtr of hp F»ommit'fpt
Q: [5 the superruajerityr vote requirement under The conferees are nut limited to reconciling the
REL 9054J the seennd Drganic Aet of ARMH which differences in the bill but may lntrll:lduce new
reset the regular eleetians fer the ARHM regina! prmdslans germane to Use subject matter ar may
uftieials to the seeend Monday ul' September 2001 repurl nut an entirely new bill D11 the subject
urea-nstitiltiunal hr giving it a character ul' an l'T4:iienr.ina v. Ee: of Finance, an Nu, 115455 August
irrepealable lame? 25.1994]
A: 'h"E§. The dupe rmalarityr [2/3] voting nequinemenl Wcfrpv of tT1P pf1wp1"9 ¢\f Igor* f'»:\fumfrfpr
required under 5elL'. 1, Arr. XVII if RA 9054 {s=eound
Drganic Act afAR]'v[I~'I] must be struck down for ghrjng 1. Adopt the bill entirely
said law Me character of an Irrepealably law by 2. Amend n r Revise
requiring more than what the Ednslilzutlnn demands. 3. Reconcile 'Lhe House and Senate Bllls
4. Pml:"4:"9e entirely new provisions nut found in
Sec. 1EI{2]. A r t v i of the Constitution pnorides that 3
elder the Senate or House bills
'ma1orltJ.I' of each House shall constit'ute 3 quorum to
do business." In other words, 1r maiorlty of the
members of the House of Representatives or die Rrfnnrilt :or l1alrm¢11i:4* diva rlr\ptin;E pmt¢inn¢
Senate are present, these bodies have the ouomm
needed to conduct business and hold session. Within The changes introduced by the Bicameral Conference
a quorum, a vote of majority' is generally sufficient to Eommlttee are meant only to reconcile and harmonize
enact laws or approve acts. the disagreeing provisions for it does not inject any
idea or intent that is wholly foreign to the subject
In edntrast, S-ee. 1, ArL :\{'it'fI dfRA9054 requires a vote embraced by the original provisions.
-of nu less than 2.8 of the Menltiers of the House of
Representatives and of the Senate, hunting separately, To recnnclle DI' harmonize disagreeing prmrlsiclns, the
in order to etTel:ti1.-'ely amend RA 9054. Elearly, tzhls Bleamera] Conference Enmnllllee may then :
requirement is higher than what the Gunstitutidn
requires fur the passage of bills and served to restrain 1. Adopt the specific provisions of either the House
the plenary powers of Congress to amend, De1urIs»e DI' bill or Senate bill;
repeal the laws it had passed. z. Decide that neldier provisions in the House l:ll]]
or the promdslons in the Senate bit] would be
Whlle a dupe rmainrity is not a to-tal ban against carried into the Final form of the bill; and for
repeal, it is a Iimitadan in excess of what the 3. Try to arrl1.re at a compmmlse between the
Ecnnstltutjen requires on the passage of bills and is disagreeing pcoylsio ns.
mnstitutinnally ntallexlnus because it slgnifi1:anT.1_].r
l:nns1:r11:t.s the future legiislaters' mum fur action and Thus, the changes made by the Elcameral Eonferen-oe
fll8l»£llJ1lit'j,F. [Mass Kfdu u. Senate ca Nu. I96Z?I, Oct Committee in the verslmls passed by the Senate and
/8. 2811] House of the Repnesentatzlves regarding the 'UAT law
sur:]1 as the inclusion of the stand-by aL1thorltJ.I' of the
HBTE: Every legislative body may madlfy or abolish President, omission of the no p.r:rss-on provision
the acts passed by itself DI' its predecessors. This included in both Senate and House versions, inclusion
legislature cannot bind a future legislature m a of provisions on other ldnds of taxes and WLT only
particular mode of repeaL It carnal declare in found in the Senate bill are valid. {Es4:'r.rdero v.
PDLITICAL LAW
PuriXlma, ER. Na. 168463, September I, 2005; z. When We reason he class nut L~et1.Lrn the bill to
.»18.4K.-\1.DA v. Erma, GR 168056. September 1, 2005] Lhe Cu-ng;ress is Lhat Go-ngjress is not in session .
Rule DD prnscnmi-cnt Pocket v-nm is nmT applicable in 1111: Philippines
Every bit] passed Ba," Congress m u s t be presented in InactIon b:," the President for 30 days never pnoduoes
President Eur approval DT veto. In the absence of
th e a vino e'uen If Congress is in TEEESS. The President
presenmlenl la the Presldenl, nu bill passed by' must still act to veto the bit] and communicate his veto
Cungvess can became a law. la Congress widtout need of returning the vetoed bill
with his veto message.
Rule in l1rp*airlpl1\i=l vptu
Hidden
GR: If the President disapptuves 3 bill enacted by
Ecmgtess, he should Tuetn Me entire biEIL He is net A pmvisidn in a bill which does nut r e l a t e t o a
a]lt»wed to beta separate items of a bi]]. particular appropriation stated in the bill. Slnee lr 13
an lnva]1d prdvlsldn under .4.rL w, Sec. 2512 the
XPH: Item-veto is allowed in case al' Apl1ml:»riat:ll:ln. President may beta it as an item.
Revenue, and Tariff bills pas? End:titut!nnl An; I.-"I
Ser; 2?'i'-?H- {1991, 2011] BAR] Congressional override
XPH5 to Ijhe KPN: IE, after re1:onslderation. 2,8 of a]] members of such
House agree m pass the bill, it shall be sent to the
1. Dnl:m'ne aflnnpprnprdnte pmv8'Inns - A p1'l::ur13ll::n other House by which it shall llkewiae be
that is mnMtuEenal]y 1nal:lp1'l::priale Eur an reoonsldered and if approved by 2.8 of al] members
apprerprlatiun bl]] may be singled out for veto al' that House, it shall heeome a law without the need
even if lt is nut an appruprdatlen Ur revenue item. of presldentlal approval.
fiunznfes v. Macumlg, 6.8. Hn. 8'?68'&, Nav. 15,
19951; *.. ': I r| I
- _
l.l. I|- " 1.
I I
2. Eterutlve impoundment - Refusal of the President
to spend funds alreadjr allocated by Crmgress Eur
speclflr: p1.l.1'jpase. It is the failure to spend or
obligate budget auMlnritg.-' of any type. {Pl'nl4:'nnsa Enmpnsitinn of the Electoral Tribunal [ET]
1-' Enrlquaz, ER. Hn. 113105, August 19, 1594]
1. 3 Supreme Court lusticns deslgnaled bar the
»*¢pp1"frl'+ri=\l'i in Item nr Iinl'~ i*pm Chiefjllsticc;
An indivisible sum of money dedicated to a stated 2. a n1-embers of tbl: Senate nr the House ul'
purpose. It is indivisible because the amount cannot Represeotaiives. as the case mag.-' be, ehusen on
be divided for any purpose other than the specific the basis of pmpurdena] nepresenlatlnn from
purpose stated in the item. It is an item, which, in the pnlllieal parties and h'nm these re g i ste re d
melt is a specific approprlatipn of money, not some under the party-list system represented th e re i n .
genera! provision ofiaw, which happens to be put into {I5IE?Cunstft1.rtion, .»1.rt W, Se-l:" I?jl
an appropriation bi]L
MUTE: Th e s e n i o r luslire in the Electoral Tribunal
An llem of appmprlatlan must be an llem shall be is Chalrman.
characterized bjl,r singular carrespandenre - meaning
an alluea1:1:m of a speeifled singular amount Eur a Enmpnsitinn of the Cummissinn DII Alll:l-ninl:lneol3
spel:1Eed singular purpose, ::L11er1.'u'j9e known as a
"line-item." [Amuffo I-"..Oquino HL ER. No..8'0928F, July 1. Senate President as ex-aJlj\'i»;'aa chairman
1,20/4j 2. 12 Senalars
3. 12 members of We HER [1985-' IS'l:1nsEil'unnn. Arr.
NDTE: For the President to exercise his item-veto w, Sen IN}
power, it is neoessarjr that there exists a proper "item"
which may be the olb1er:t of the veto. Eonseq uenthr, to
ensure that the President may be able to exercise said
power, the appropriations bill must contain 'speci fi c [uri§diL'tJlnn |:rfth4:- ETS
appropriations of money" and not only "genera]
provisions" w h i c h provide for p a ra me te rs of Each electoral tribunal shall be the sale Judge of all
appropriation. {.4ror.rHo u. AqIuin-o fn ihfd.] c n n l e n s relating m Me electicni, returns, and
qualifications al th e i r respective members [ 1 9 8 ?
Instances 0 f p0l:kll3~t wrtu [2011] BAR] Constitution, Art W. Sec. 153. This includes
determining Me 'l.ralidlt}.-' nr i n v a l i d i ty up a
1. When the Presldenl falls to an DTI. 3 bill: and pcnclamatinn declaring a particular candidate as the
winner. Each ET is also vested with rule-making
49
pnwtr. {I.azl:1r[n u. HRET, ER. Hn. 1-34297 Den 8. abuse it' discretion on the pan up I-IRET. is du:
I§'8'E_] nppusitiun of Panute mrrecf!
ams; It is independent of the Houses of Congress A; Tm. The Cunstitulinn mandates that We I-IRET
and 113 decisions may be reviewed bl.* the Supreme "shall be the sole judge of al] edntesm relating to the
Court only upon showing nfgrave abuse of d1s4:ne1:lan. eleetldn, returns and quallflcatinns" of in members
B],r emplnyrlng the word "s[]e'. the Cbnstltutjdn is
E1 prtn1741 cnnrl"-zt elnl:l]'Latll: that Me lurisdieddn of the HRET in Me
a d j u d i ca ti o n of elect ion co n t e st s lnvbhflng iN
Where 3 defeated candidate challenges the members is intended to be us lII'll'l.l'EI ELLIL eemplete and
qua]1Ecat:lnn and claims fur himself the seal it the unimpaired. There can be no challenge, therefore, tb
proclaimed winner. In the absence of an election such exclusive edntrnl absent any clear sbbwlng. as in
contest, ET is wlthn up Jurisdietjan. this ease, of arbitrary and impruvldent use by the
Tribunal al its power that eldnstjtutes a denial of due
When Igor' winniivi r';\[l[lid_;\I'p ii -cnn*lirlplrpr1 aw plncess al law, DI' Llpnn a dem-bnstratiun of a very
mpmlltr rrflhf* so-nm nr l'[rrFl dear unmitigated error, manifestly en nstituting sueb
grave abuse bf dlsenetlan that there has to be a
Uncle he has: [PDA] remedy therefor. {Li40y1u"y Wnzbns-ENutb v. HRET. G.
8. No. 199149p181I8 Lrmj.-' 22, 20/3]
1. been Pruclalmed
2. taken his Hath; and Q: 'Wigberto and Angelina and A lvin w e re
contenders for Me position of Member of thi:
HDTE: The oath mud be made : I-louse of Representatives fer the 4th District of
Quezon Province on the Hay 13, 2013 National
EI. Before the Senate President or Speaker of Elections. Wigbertn tiled before the CDMELEE two
ease may be; and
'Lhe I-louse, as the separate petitions: to cancel Alvin's EoE and to
h. In open session. [Reyes nr. COMELEE se Na declare him a s a nuisance candidate. T h e
2l5l?'2l54,j'ut:re2.'.i 2013] IIUMELEC cancelled Alvin's Eo'l:I butdid not declare
him to be a nuisance candidate. Despite die
3. Assumed -nfTi1:e cancellation of AJvin's Cot due to his material
misrepresentations therein, his name was Ont
HUTE: Dnee a '.1ninn1ng candidate has been deleted Iron Me ballot. Subsequendv. Angelina
proclaimed, taken his oath, and assumed oEiee as was proclaimed as the winning candidate. it
Member of the House of Representatives [or of the appears Mat 'Wigberto had filed with the
Senate], Lhe CUT:-'lELEE's ju1'1sdilL'tlon cruel' the eleetl-on IICIMELEC a Petition to Annul tile Proclamation of
contest relating to his election, returns and Angelina and while such petition was p-ending,
qua]i Eeat:lons ends, and the I-IREI"s [or 5ET's] own Wigberto initiated die instant certiorari case
iurisdietion begins. l"i"frizons-Choto v. COMFLEE ER. against the c o n s i s t E n B a n c Re so lu tio n
No. I F2131,Apn':2. 2l5IEt.T"j declaring Alvin not a nuisance candidate. Is the
petition tenable:-"
By analaglr with Use cases of distrlet representatives,
knee the party DT -nrganizalzlan of Lhe party-ifst A; ND. The petition must fall. Section 17, Article '!l.I"f of'
ncrminee becomes a member of Wie I-IUR, HRET has tl'Le 1913? Philippine Constitution proiddes that the
authority in pass upon eleetlan contests relating to his HRET is the sole judge of all contest relating to the
qua]1Eeat:lans Mhsynn v. HRET1 E.R. Na. 1894-66, election, returns, and qualidmOom of is respective
Feiamary II, 2:118} members Ease law states \tllat the l:lr01:lamat:lan of a
congressional candidate following the election d11.resLs
Q: Liwa]r1l.\-'ay 'lfinsons-Ehato renewed her laid in the COMELEC of iurlsd1ct1on 01lrer disputes relating to
the May 2Dlll elections as the representative of the clectlon, returns, arid qualifications of the
Me Ind Legislative District of 'Eamarines Hone proclaimed representati1.re in favor of the I-IRET.
Eonsidering that Angelina had already been
but was evenmalljr defeated her Elmer Panote.
Aggrieved, Ehato Filed an electoral protest before p ro cl a i me d as Member of the House of
Me 1-IRET assailing the results in all the IGI] Representatives for the 4th District of Quezon
clustered precincts in 4 municipalities. Ebato Province pn May 15, 2D13, as she has in fact taken her
designated forty* [48] pilot clustered precincts, in oath and assumed once past ['lDlII['l time of lune so,
which revision ofballols shall be conducted. After 2013, the III:O'LLrt is now vdlhout lurlsd1ction to resolve
the initial revisions et the designated clustered the ease at bar. As they stand, the issues concerning
precincts, Ebato moved fer rile revision of ballots tl'Le conduct of the canvass and the resulting
in all of the protested clustered precincts. The proclamation of Angelina as herein discussed are
motion was initiall].r denied, but a resolution was matters which fall under the scope of the terms
even tllallj,-' issued be the l-[RET directing the election and return and hence, properly fall under die
continuation of the revision of ballots in tlte HRET's sole jurisdiction. {Wil.;IIberto Taiiodrl. In vs
remaining seventy-iiive percent (75%) protested COMELEC no. Nas 209199-2su, Clctobar22, 2013]
clustered prlecincls, or a total of 121] precincts.
Such was opposed bi* Panote, ascribing grave
PDLITICAL LAW
Q: Gemma ran for Congresswoman of Muntinlupa Q: Ating Hoop party-list expelled its first
in the May 2013 elections. However, before the nominee,-freplesentative Lice for refusing to
elections, the tor-'IELEt eanoelled her cut after honor Me term-sharing agreement. A petition was
hearing a complaint 1ilel:l against her. Later, she Filed with Ute EDMELEC which sought his removal
was declared winner as Congresswoman of from being Atfng HoopS representative. EDMELEE
li-'lulttinjupa The derision said she took her oath 2""* Division expelled Lieo. ECIMELEC En Bane,
already and had not assumed her office as however, dismissed the petition DII the ground
Eongnesswomant Suhsequentljr, eomtttt issued a Mat it had DD jurisdiction to expel Lice from the
certificate of finality on ill earlier resolution HoR.. considering that his expulsion from Ating
cancelling Eeroma's El}E. Gemma comes before the Hoop affected his quali fieatiorls as member of the
Court arguing Mat coluELEc has lost iurisdietion House, and therefore it was Me I-IRET Uiat had
over the case and it is the HRET that has iurisdietion o'.rer the Pelilion. Hntwidlstanding.
jurisdiction as she is al.read}f declared a winner. [s EDHELEII En Bane still affirmed the validity of
Gelnma's contention tenable? Lieo's expulsion from Ating Hoop. is EUII-'IELEE En
Banc's decision eoneef?
A: ND. Gemma cannot be considered a Member of the
House of Representatives because, primarll_',f. she has A; NIJ. While the EDMELEE correctly dismissed the
but yet assumed bfflee. The Jurisdiction of the I-IRET Petition to expel petitioner Lico lirorn the House of
begins bnlj.r after the candidate is considered a Representatives for being bel.r-ond i13 jur1s)di-cti-on, it
Member of the I-Iduse of Representatives, as stated in nevertheless proceeded to rule upon the validity of
Art i-"L Ser; I? bf the I 98? Constitution. To be his expulsion from airing' Hoop - a matter beyond HE
ebnsldered a Member of tbe I-Iduse bf Representati'ues., purview. Without legal basis, however'. is the action of
there must be a edncurrenee dt' the fbi]-bwlng the EDMELEC in upholding the validity of me
requisltesz [1] a 1.-'a]1d l:+rbr:lamatlbn. [2] a proper bath, expulsion of petitioner Llco from Atirtg Hoop, despite
and [3] assumptlbn dEbfF]ee. HE own ruling that the I-IRET has iurlsdlction over the
disqualification issue. These Endings already touch
The term of off]-ce -of a Member of the House of upon the qualification requiring a parts-llst nominee
Representatives begins only "at noon on the tlrirtieth to be a bono ,fide member of the party-list group
day o,F.l'une next Jli:llf1'owln.g tor-eir eleerion.' Thus, un:ll sought to he represented. The petition for Llco's
such time, the EDMELEC retains iurlsdlrtion. expulsion from Me House of Representatives is
Consequently, before there is a valid DT official taking anchored on his expulsion from Atirlg l't'oo.o, which
of the o-ath it must be made [1] before the Speaker of necessarily affects his tide as member of llongress. A
the House of Representat:l1.res, and {Z] in open session party-list nominee must have been, among others, a
Here, although she made Lhe oath before Speaker bono side member of die parl].r or organization for at
Belmonte, there is no indication that lt was made least ninelj" [al]] days preceding the dar of the
during plenary or in open session and, thus, ft remains election Needless to say, bona Ede membership in the
unclear whether the required oath of office was party-list group is a oontlnuing qualification x not.
indeed complied with. {RejI."8 H. coastal GR. No. Under Section IT, Pirtlcle vl of the llonst:ltution, the
2ET.'?'264, June25, 20131 I-IRET is the sole fudge of all co ntesu when in comes to
qualifications of' the members of the House of
Pawn if each House aver its members in me Representatives. Consequently. the CIEIMELEE failed to
absence ul' c-In-clinn on ntcst recognize that the issue on the validity of pet:ltioner
Liclo's expulsion from Atlng Hoop is integral to the
The power of each House to E994 ill menUaers nr issue of' his qualifications to sit i11 Congress.
e1.-'E11to defer their path-taking LLn1:il their
quallE1:atl:ms are lintermlned may be exercised even [for ruling here must be diM ngulshed from Re5luno
widmut an ele1:tlm1ecmtesl Drigsioiro Reyes u. ti'-ommissl-on on Elections In Raya,
the petitioner was proelainied winner of the 13 May
Q: Imelda ran for I-[eR. A disqualili-:alien case was 2013 Elections, and took her oath of ogre before the
filed agjajnst her Dl'l aemunt of her residence. The Speaker of the House of Representatives. However,
ease was not resolved before the election. Imelda the Court ruled on her quallfieadons since she was not
wen the eleetinn. However, she was nut yet a member of the House of Representatives:
prnelaimed. Imelda new questions Me EDB-1E1.EE's petitioner Reyes had yet to assume office, the term of
jurisdiction ever the case. Dues the CDMELEE have which would oflidally start at noon of so lune 2D13,
jurisdiction aver the case? when she tiled a Pet:ltion for Eertlorari dated T Lune
2013 assailing the Resolutions ordering the
A: YES. The IEDMELEE retains 1urledilL'tlbJ'L Slnee ranoellatlon of her Eert1RI:ate of Eandidaqr. In the
Imelda has not yet been pnn1:laimed. she is not yet a present case, all three requirements of proclamation,
member of the HeiR. I-IRET's 1urisdietlbn as Urie able oath ofoEflre. and assLLm'ption ofoffloe were satlsRed.
judge of all enntests relating to elections, et; -bf
members et' Congress begins only after a candidate Moreover, in Rey-es, the COMELE:: En Banc Resolution
has been me a member al the I-I3R. {Romr.rnJ'd'ez-Mlan-:bs d13)qualilj,r1ng petllioner on grounds of lack of Filipino
u. enmeusc ER. No. 11519178., September 18. I995] eidzenshlp- and resident had became Hna] and
efxel:utor1.r when petitioner elevated II to this Court.
Therefore, there was no longer any pending case on
51
the qua]1E1:aII:lons of petitioner Reyes m speak of NDTE: Under the dorine of primary admlJ1jstrat:l1.Ie
Here, d'Le question of w]1e1i1er petitioner Lieo remains ju1iMiMon, prior recourse to the House is necessary
3 member of the House of Representatives in view of befnoe Me petllinners may bring the ease is the
his expulsion from Atrnp Kopp is a subsisting issue. Eupreme -EourL {Pllmenl:e{ vs House oIFRepresentanue
Fina]]1.f. in Reyes, We found the question of Erectors! Tri£JunoL on Ha. 141489, November 29,
jurisdietjon of the I-IRET to be a non-lssue, slnee the 2882]
recourse of the petitioner to the Eourt appeared to be
a mere attempt to prevent the CDMELEE from -.M IL~L,1,14l..1,IH4¢.1ul,4l:441_
implementing a final and exeeutory judgment. In this
ease, the question on the validity of petitioner Llr:o's Funrti=a11'4 nithv Fa mmiieinn in Appnitltmvnti-
expulsio n from Ming Hoop is a genuine issue Mat falls
within die iurisdietlon of the Nam, as lt unmlstakahly The commission shall confirm DT approve
affects his qua]iE4:a1:ions as party-Ilst rep1'esentat11.-'e. nominations made by d'Le President of certain public
[Lim II comstsq on No. 205505 September 29, officers named Lay the Constitution or by law {_'~i'eet'ion
2:1151' 16..4.rt. ii, rss? Constitution]
".-'slid yuunds nr just causes [nr tcnniowdun of Presidcnliaf appointments suhie-ct to

mcmhcrship to the tribune I cullEr'malinn be U12 Enmmissinn [E:lcAm-EEG]
Members of due Electoral Trlbunal enjoy the seeuritl.r 1. Heads of the Executive deparlmenu
of tenure. However, t:hej,f may be terminated for a just KPN: '!l.i'iee-Presldent who is appointed m 'Lhe
cause sLLeh 33: past
1. Explration of-Eu ngresslonal term of of flee Z. Ambassadors, other pII.LI:l]ll: ministers, or consuls
2. Death or permanent disability 3. Dffieers of Use AFP from the rank of Eolone] or
3. Reslgnation from the politleal party he naval Eaptaln
represents in the tribunal 4. Dlher officers whose appointrnenls are vested
4. Formal aflilialion with another political party i:l1 him by the Constltution
5. Removal from of flee for other valid reasons.
l'Bond'o4:' v. PJ!ned'rr..be Ho. 5l??II'1 September 26, a. Chairman and members of 3 Gnnstltutianal
1991] 'l:DMll1i.S§ilIIlfll§
b. Regular members of the Judicial and Bar
roTE= Unlike the Commission an Appoi ntnlenls, the Enuncll
ET shall meet in accordance with their rules, c. Members of the Regional EnnsMmdve
regardless of whether Congress is in session or not Cuuncll
Q: Can the Senators-memh-ers it' Ule Senate NDTE: The enu meratlnn is exclusive.
Elnrt-oral Tribunal he disqualified because an
election on-ntest is filed against them" llol:nl:-osition of the Commission an Appointments
[CM
A: ND. The Supreme Court held that II cannot order
the dloqualillcation of the Senators-members of the 1. Senate Presldent as ex-nj'.,Til:in chairman
Electoral Tribunal simply because Ll'Le3-f were 2. 12 Senate is
themselves respondents in the electoral protest, 3. 1z members of me I-IUR pgs? Cunstlmrinn, Arn
considering the specltl-c mandate of the Constiliition I-*I,Se4:'. 18]
and inas:m1.Lch as all the elected Senators were actually
named as respondent falhtros v. SEE ER. No. 8?51 Guidelines in the meetings of the EA
Uctober22. I.'?88_]
1. The Commlsslon shall meet only while Congress
ET rlp{'ilinl11 art un* ¢mppal==I hlr is in session, at the cal] of lu Illhalrman or a
majority of' all lls members.
Are VI Sec. I? pnMdes that the 5 ET,,l'HRET is the sole 2. Slnee the Commission is also an independent
judge of at] mntesl3. Hence, From its declsll:m. Men is r:onslit1.Ltlo11al body, 1T3 rules of prooeduve are
ND al:lpeaL Appeal is nut a on-nstitutiunal right but also outside the scope of eongoesslonal powers
memely 3 statl.Ltar§l,r right. as well as that of the iudlelary. {8'ond'o4:' v.
Plned'-cr, of No. 997;m, Sep!:ember26. 1991]
Remcdv from an advfrsf 1:lcr.'i§iun uithc ET
Appointments made be Ihe President while the
A special el'.ril action fer :e.rt.l'amr[ under Rule 55 of l:nn_lut'i4 is fmt in inqsinn
the Ru]es of Euurt may be filed. This is based un grave
abuse of dis-cretinn amounting to lack or excess of Ad interim appointments are thus-E made be* the
jurisdietian. This shall be filed beinre the Supreme president while the ccutgrlzss is NDT in 3»esslulL It shall
El::urL be terminated by the dlsapprmra] of the appnlntrnent
by Me EA or the adjournment of the Ingress wlthaut
the l1'.Aa1:tlng D11 the appninmient.
PDLITICAL LAW
Nora; The ET and the EA shall be r:onstit'Llled wllhln public on notice. Publication of said rules in the
IG days after the Senate and the I-IoR shall ha1.re been internet cannot be considered as compliance
organized with the election of the Senate Pnesaldent with this constitutional requirement.
and the Speaker of the House.
3. The investigation must be in aid of ll:l8.islatil:m.
_ I I |l1Ii;|§L\I|I'11L'r|-h|**I 4. Congress may nut summon the President as
The congress exercises Ieglslatlve and non-legislative witness nr investigate the latter in view of the
powers. Congress has the power to pass, enact, dncuine of separadan of powers except in
amend, and repeal laws under LE general ple11ar'j,r impeaehmenteases.
power. lr also has the power to determine the budget
appropriation and to exerflse the inherent powers of NDTE: It is the Fresidenfs prerogative, whethezr to
the State such as taxation and expnopriatlon. Llkewise, divulge ar nut the information, which he deems
the Congress has the power to conduct inquiries in ald cnnfldentlal at prudent in the pu b11c interest
of legislation and question hour,
5. Congress may no longer punish Wie vidtness in
contempt after its final adiout'nmenT_ The basis
of the power to impose such penalty is the r:ighl
to self-preservation. And such right is
Legislinive [nquiricsflnquirics in. Nil! DI' enfoooeable only during the existence of the
. . Iegislamrle. (Lopez u. Demos Reyes, on No. L-
3436/, Nov. 5, 1930]
The Senate nr Me I-Itiuse of Representatives nr any of
its respeetlve committees may ctlnduet inquiries in 6. Congress may no longer lnqILLlre into the same
aid afiegislatltin in aeeardance with HE d1.1l.=,' puhllshed luslielable mntl'n'.rers1.r already before the enum;
rules nfprueedure. The rights of persons appearing in, l'§engznn u..Senate Efue Rfbban Cammfttee, ER
or affected be. such i11qILLlries shall he respected. rr98? No. 899141 Navemher28, 1951]
Constitution, Art VT. Sec. II}
Q: Senator E4-'liriam Defensor Santiago introduced
MH "pro ma: lr=m hr' the' 11 lhi'pf't at iniluiriwa in and Proposed Senate Resolution [PSR] No. 455
of lrr.i=;1n ri in directing the conduct of' an inquiry, in aid of
legislation, on the anomalous losses iorurred by
IndefinIte. The field of' legislation is very wide, and PDTII, PHILEDMSAT Biiid p m: and Ute
because of such, the field of inquiry is also very broad mismanagement committed by their respective
and may cover administrative, social, economic, board of direetors. Can Me persons involved in the
political problem (inquiries), discipline of nleml:le1's. legislative inquir].r question the haste with which
etc. Suffice n to say that it is 'lntrlnslc" in and eo- Me Senate approved Lheir Committee Report? Ivan
extensi1.re with legislative power. [Amanrlt u. Nazarene, said persons invoke their hasir right to counsel?
EIR. No. f.-3e2u,;u;v I& 1950]
A: run. The Senate DT the House of Representalhres or
NDTE: If iLl1e stated purpose of the investigation is to anger of its respective committees may conduct
determine the existence of violations of the law, the inquiries in aid of legislation in accordance with 113
in1.fes1:ig3ation is ]1l'J longer 'in aid of legislation" but "in duly published rules of procedure. The wide latitude
aid of prosecution." This violates the principle l given to Congress with respect to these legislative
separation of' powers and is beyond the scope of inquiries has long been settled, otherwise, Article '!l.I"I,
Congressional powers. Section 21 would be rendered pointless. The right to
he assisted by counsel can only he lmroked Ba.' a
Limitations in legislative investigation person under custodial invest:lgation suspected for
the commission of a crime, and therefore attaches
1. The perscms appearing in nr affected bar such only during such custodial investigation. (Pall-comsot
Iegis]a1:i1.-'e i11q1.Llrles shall be respected. Holdings Earp. vs. Senooe, on No. senses, June is,
2813]
The Rules of pmeedures to be followed in such
inquiries shall be p1.Lt:]1shed for the guidance of Q: SenL Rodolfo Dia: accused Me Vice Ehairman of
these who wil] be summoned. Tiiis must be Me Standard Chartered Bank [SCE] of' violating
s1:rie11],r fnllnwed SD 'Lhat the inquiries are the Securities Re-gu.Ia1ion Code for selling
enniined only to the legislative purpose and in unregistered foreign securities. This has led the
avedd abuses. Senate to conduct invesiigjation in aid of
legislation. SEB refused to attend the investigation
HGTE: It is lneumbent upon Ure Senate, I-IDR, or proceedings claiming criminal and civil cases
any of its respective esfmmittee to publish the involving The same issues were pending in courts.
rules for HE Ieglslative inquiries in each Decide.
Ingress DI' atherwlse make the published rules
clearly' stale that die same shall be effelL'1:i\re in A; The mere filing of a erlmlna] 12l-r administrative
subsequent Cmlgvesses DT until they are complaint before a knurl 'DT a quasi-judicial body
amended or repealed to sufEleien'l;l1.-' taut 1:he
53
should not autoinatically bar the conduct oflegislatlve expel the same, II is not an exclusion of power to held
investigation. CI'Lherwlse, lt would be end:reme]},r ea9f ether persons in contempt
on oubvuert any intended inqLllry by Eongness through
the convenient pl-o5r of instituting a criminal DT an Q: in the exercise of ill power to investigate in aid
administrative complaint Thus, the "l.Flce Chairman of et legislation, can Congress rite a person in
SEB is not correct in refusing to attend the contempt and detain him iodehnitelf?
investigation proceeding on the ground that criminal
and ci1.-'il cases ln1.r-olving the same issues are pending A; ND. The Eourt Ends that the period of
in co'uJ'13. [Standard Chartered Bunk u. Senate, ER Ho. imprisonment under the inherent power of contempt
1l5F'1 FJ. December 27. 2E:l'ET?j by the Senate during inquiries in aid of legislation
should only last until the termination of the legislative
l1i'4Iil1c1-inn hrtwwrn 'itnndfrrd Ehrxrtrrrcf Rfmk v. inquiry under which the said power is invoked or
Senate and Benqzun u. Senate Blue Ribbon when Congress adiolurns sine die. lf iiongress decides
fnmmitree to extend the period of imprisonment for the
contempt committed Br a witness beyond the
It is true that in BengalI the Court deelaoed that the duration of the legislative inquirer or after lt has
issue to be investigated was one over which already adjourned. then it may Elle a erlrnlnal ease
jurisdietloo had already been acquired b y th e under the existing stallLte or enact a new law to
Sondil.;lonbo.}ran. and to allow the Senate Blue Rjbba-n increase the definite period of iniprisonnient.
Eommlttee to investigate the matter would eoeate 'the
possi bi]lt§l,r of eonflleting Judgments; and that the Further, the Court rules that the legislative
inqulr!." into the same justieiatile eootro'.rers1.r would inquiry of the Senate terminates DII two instances:
be an enema-chment on the exeluslue domain of
judicial iurisdietion that had set in much earlier. §:l!rst, upon the approval or disapproval of the
Comnlittee Report. Evidently, the 'Committee Report is
There are a number do eases already pending in the culmination of the legislative inquiry. Ins approval
1.-'arid-us edurls and adJnlnistl'alive bodies in1.-'dhrjng or disapproval slginilles the end of such legislative
Standard Chartered Bank, neiathre to the alleged sale inquiry and it is now up to the Senate whether or not
of unregistered foreign securities. There is 3 to act upon the said Committee Report in the
resent flange between this ease and 8engznn. succeeding order of business. At that point, the power
I-Idwever, the similarity ends there. of contempt simultaneously ceases and the detained
witness should be released. As the legislative inquiry
Central to the Court's ruling in Eengzon - that the ends, the basis for the detention of the recalcitrant
Senate Blue Ribbon Committee was without any witness likewise ends.
oonstltutional mooring to r:tl11dur:l the legislative
1 n1.-'estigation - was the Court's deterntlllatlon 'l.hat the Second, the legislat:l1.Ie lnqulrg,r of the Senate also
intended inquiry was not in aid of legislation. The terminates upon the expiration of one [1] Congress
Court found that the speech of Senator EJ1ri]e. which As stated in Nerf, al] pe riding matters and proceedings,
sought such investigation, contained no suggestion of such as unpassed bills and even leglslat:11.Ie
any contemplated legislation; it merely' called upon investigations, of the Senate are considered
tlle Senate to look into possible violations oE5ec. 5, RA terminated up-on the expiration of that Eongoess and
Na 3019. Thus, the Court held that the requested II is me]'el.1"' optional on the Senate of the succeeding
probe failed to comply w1d1 a fundamental Congress to take up such unfinished matters, not in
requirement of See 21, Art vI. the same status, but as 1r presented for the First time.
Again, while the Senate is a continuing institution, its
Unfortunately for SEB, this dlstlngtdshlng factual prooeedlngs are terminated upon the expiration of
milieu in Hen-,glzon does not obtain in tile instant case. that Congress at the l'lnaI adjournment of its last
The unmistakable ob]ect11.re of the in1.restlgation, as set session. Hence, as the legislative lnqulr}lr ends Lip-on
forth in the said resoluti on, exposes Me error in E1:IB's that explradon, the imprisonment of the detained
allegation that the inquiry, as initiated in a prlWlege witnesses likewise ends. 1'8olog us Senate, on No.
speech by t:l1e 1.-*ery same Senator Enrile, was simply 234608. Ii-1L*' os, 20/8]
'to denounce the illegal practice committed hy a
foreign bank in selling unregistered foreign Q: fan KIang;ress issue a subpoena m compel
securities.' This fallacy is made froze glaring when attendance nfjuslziees of the Erfurt ettI:lpeaJs in its
we consider tjnat, at the conclusion of his prhrllege investigation in-aid of legislation, and -:ite them in
speech, Senator urged the Senate "to Immediately contempt should they refuse m appear"
conduct an inquiry, in aid of legislation, so as to
prevent the occurrence of a similar fraudulent A; run. Congnessiona] powers cannot be used to
activity in the future." fitondord Chartered Hens v. deprive the Supreme Court of is Constitutional duty
Senate, be. No. fear is, December OF, 2ee:=,I to supervise Judges of.. lower houris in the
performance of their oEiela] duties The fact remains
Contempt powers of Eungnwrss that the EA justices are non-impeachable oMcers As
sul:]1. authority over them primarily belongs to the
Even if the Constilutlon only pmmfldes that Congress Supreme Court and to no oli\er. The principle of
Jnay punish M members for dlsorderlg,-f behavior or separation of powers also serves as one of the basic
PDLITICAL LAW
postulates for ercempdng due luslioes, oMcials and 1. Monitor bureaueralje compliance with program
employees of the ]udlr:iar.'l,f and for excluding the obljer:t:l1.res;
]udlelarl.r's privileged and confidential documents and 2. Determine whether' agencies are properly
information loom any compulsory processes which administered;
very well includes the Congress' power of inquiry lo 3. Eliminate executive waste and liiishonesty;
aid of Iegilslatlon. Such exemption has been 4. Prevent eoeeoutive usurpation of legislative
jurlsprlldent:la]]1.r referred to as 1udiciaI privilege as authority; and
implied h'om the exercise of 1udlclal power expressly 5. Assess exe-l:utl1.re oonformltgir with the
vested in one Supreme Court and ]over courts oongresslonal perception of public interest
created be law. {AgeooH u. Fnrinm, GR No. 232395,jufy {l5l.oir:rion off. Pr.rno. Morolinltol u. EUMELEE J'bld}
3.20/r,l
Halp*= of n'rp1"1T»=,l1t MHP1' of Faunrvii; 3 1'-2
lpfi~1hliw rr»nt~p111pt vi#-:W-~*i'i l1=\1"='l=1l1inI' p"1wp1" of Intrinsic, Integral Inherent]

the Prlcsidnnt
1. Intrlnslr: in the grant of leglslaliue power itself;
Legilslatlve contempt is a limitation an the Poesll:lent's z. Integral to the srysnem of checks and balances;
power to pardon by virtue of the doctrine of and
oeparatlon of powers. 3. Inherent in a dEI!'.l.'l]El'3.'[iE system ufgavernmene
l}11cstil:m Hour l"n-rl'-slnriwq of F-'mv1f'pwinn=ll l"hH*r1i»1I'l»r F1ln-"Hn~n1
Where tJle heads of departments may, upon their ECU 1. 5'r:rut1ny - m determine eeunumyr and eMr:1enr:j.r
initiative, with the consent of the President, or upon of the operation of government a4:ti1.rlties.
tile request ofeidier House, as die rules of each House
shall provide, appear before and be heard by such 3_ Congress may request information and
House on any matter per faining to their department report from the other branches of
Written questions shall be submitted to the President government and give recommendaUons
of the Senate or the Speaker of the I-IoR at ]east 3 days or pass resolutions for consideration of
before their scheduled appearance. lnterpellatlons the agency involveO through:
shall not he limited to written questions, but it may
cover matters related thereto. When the security of 1. Power of appropriation and
tile State or the public interest so requires and the budget hearing [I 98?
President so states in writing, the appearance shall be E'nnstitur;lnnl Art VOL Sec. 22,1
conducted in executive session. user Eonstitt.rtlotl., it. Question Hour [198?
Art W, Ser. 22] Cmastitu Linn, Art w, Sec. 221
iii Power of Eanfirmatinn U 98?
Iiuvilinu hour ex. l4'»=.i9lariu'p invp*=tiE= tina l2'nnstitur;fnnl Art w, Ser: 18]
But legislative scrutiny does nut end in budget

hearings. II:rJ11gness can ask the heads of
deparl:meJ1L=. to appear before and be heard br.'
either the House an any matter pertalnjng to
As m persons who m0j," appear the lr department
Clniy a department head #»-in-==--= Likewise, Ecmgness exercises ]egis]atl1.re scrutiny

Lhru i13 pa-wer of lr:4:lnflrmad1Jn re Rnd out
AS to who mndufu the inwsfigution whether the nominee possesses the necessary
qua]iE4:slt1uns. integrity and prulsity required of
IEomm1ttees,,FEn1:ire Body al] public sersranm
is in subject mu her 2. IE'an3g'ess.l'a::lu'i In uestijgalrfnn - Involves a more
Intense digging of la-cm 'Lhrnugh inquiries in aid
Matters related to the Any matter for the of legislation under Sec. 21,AJ'l; EMI.
dE'l}3TI:lYI1E]1[ only purpose of Jegislatiur
3. I.e,gusiotlve Supervision - most encompassing
[he crsight power nfCnngr~css form; connotes a eontlnulng and lnforined
awareness DTI the part of Et ngrggglgna]
Embraces all aed1.rltles undertaken by Enngreee to eommitnee regarding executive operations in a
enhance 1T3 understanding of and influence lII'LI'El' Me given administrative area It allows Congress to
lnlplementatinn of 1eg5Md in it has enacted. It scrutinize the eneneise -of delegated ]aw-making
EDHCEFHS pest-enactment measures undertaken Br authority, and permits Congress to retain part of
Cdngness. {Dplnaon tlfj. Pure, Haeailntaf U. EQMELEC, l;hat delegated attlthorlty thro1.l.g]'L:
Ira Ne. I5?0/8'_j'uf.l"' re, 28II18'j
Legslativn veto - Enngness retains a 'rlgh'l" Ur
Scope of the uuwer ui -nvcrsiglut "power" m apl:1'uve DT dlsappmve any vegulatlnn
55
enacted by adnlln lslratjve body tlefcme lt takes effect puhlieatinn of Ulf Rules ul' the Senate Enmmittee
It is in the Edrm of an Inward-turning delegation tithe Whole iequired for 1;l1ei.r effeetivitjf?
designed to atlzlch a edngresslnnal leash to an agency
to which Eungtess has by law lnllially delegated broad A; 'l'F'.'i. The Rules must be published before the Rules
powers. ,l'.48nn:4DA Guru puny-us: v. FuH5am4 8.8. He can take effect Thus, e1.-'en If puhlleatlan is not
I56?I5. Aug. 1-4 2naa} required under the Cnnstltutlan, publication oF the
Rules of the Senate Cnmmlttee of the Wh-ble is
1.114111a1'ivp win vinlatp¢ Igor' dactrillp of Qvparafinn required because the Rules expressly' mandate their
of powers, Linus, unm rlstimliunal publieatlqn. To ebmpl3r with due l:l1'::=eess
requirements, the Senate must Eqllbw 113 own internal
In exercising discretion to approve m' disapprove the rules If Me rl8hls of ins own members are affected
IRR based run a determination of whether or not lt flDimentel U. Sena's Committee of Urs Whale, .fold.}'
conformed to due law, Congress arrogated judicial
power unto tmeif, 3 power oxelusiveiy vested lo the Senate is no lnognr a ranijnuioglegislativc bndv
Supreme Court Br the Constitution. Thus, violating the
doctrine ofseparatiort of powers. The present Senate under the 1'EI'8'F Constitution is ]lD
longer a continuing legislative body. It has 24
From the moment Me law becomes effective, any members 12 of whom are elected every 3 years for a
provision of law that empowers Congress or any of us term of 15 years each. Thus, the term of 12 Senators
members to play any role in the lmplementalion or expires e1.-'ery 3 years, leaving ]ess Man a majority of
enfonzement of the law vlolales the principle of 5enators to continue into the next Congress since the
separation of powers and is thus unlL'onslil:LLl1oJlaL Rules of' Procedure must be republished by the Senate
.Ih|d-1I
l'.d_e.-1.n:.4oA Gum Fort;-'-Mt v. Furisimo_ after every expiry of the term of the 12 Senators
fdtrrclfion-o it H'-oR Committee on Public .inJI'brmot.l'on,
Fir'n-'wp *1 nrrt =lln'Lypd m =:NnI'FnHP Mn f'nflflllrt of ER. No. I THESE, Derember 23, 2008]
1l\g'iq1qTiv-p i1'1"111i1"1' Wl11nl11 4 \*11hr nullli*ihpd f'ulrl
Ni pro-cpdurr '~2rn=1tp 41 an lI'{FiTlTllTlI"lI'[ ii rn1'\1'in11iru1 [2014
BAR]
The phrase 'duly published rules of procedure'
requires the Senate of every Congress on publish its There is nu debate that the Senate as an 1nsnrr.rr[nr1 is
rules of procedure governing inquiries in aid of "enntinulng', as it is 11rJt dissolved as an entity' with
legislation because every Senate is distinct b'om the each national eleetlcm ar change in the r:ompositlan of
one before it or after it {l'.'ForclHnno v. HoR Committee us members. However, in the eunduet of its da.g|.r-tc|-
on Public In,t'orml:1tllon. ER. No. 1?-1333 December 23, day tnislness the Senate of each Congress acts
2088] separately and i11depende:l111},f of We Senate of the
-El::l11gness hefare i t
llwaliditv of Puhliratinn in the Internet
I.lndenlat:¢I3.r, all pending matters and proceedings, .l-e.
The Electmnlc E-unlmercr Art of ZDIDEI' merely unpassed bills and even legjsla1:i1.fe investigations, of
rel:l:l,gJ'Li2.es the ad misslbilitj,-' in eurldence 1:1E electronic the Senate of a particular Congress are considered
data nlessages and fnr l::l.DE'l.llYI1E]"lL'§. It dues nut make terrain-ated' upon the expiration of that Congress and it
the internet 3 medium for publishing laws, rules and is merely optional on the Senate of the succeeding
reguladuns. [Garciflunn v. H'nR Co-mmiltee an Public Congress to Take up such unEnlshed matters, not in
Injiu-rm :1tl::ln, and.; the some smnrs, but as in presented for the first
time. The logger: and practicality of such a rule is
Publicalinn of the internal rules ut'Cungr'ess readily apparent considering that the Senate of the
succeeding -Congress [which wil] tel,rpicaIl],r have a
The Constitution does not require publieaijon of the different so-mposltlon as that of the previous
internal rules of the House fir Senate. Since rules of Congress] should not be bound by the acts and
the House or Senate affect only their members, such deliberations of the Senate of which they had no part
rules need not be p1.LI:l]lshed. unless such rules {Ner'i U. Senate Fommittee, GR. No. 180643, September
expressly provide for Meir publication before Me 4,2E*08j
rules can lake elTer:l. {Pimentel I-l'. Senate Committee of
rite I-'I-.Ihoie, of. No. IBFFI4, Howl: 8. 2011 l
Q: Durioga hearing o-ftlte Senate Committee of tlte IJM :I Mlm

Whole, some prop-osed amendments to the Rules
of the Ethics Committee that would constitute the The Informing function of the Ieglslature includes its
Rules of the Senate Committee of the Whole were EunlL't:lan to conduct leglslalive inquiries and
adopted. Senator Clti raised as an issue the need to lnuesligalinn and IM nuerslght power.
publish the proposed amended Rules of Me Senate
Committee of the Who-Ie, as directed by tile The power of Congress dues nat end wtlh Uhe finished
amended Rules itself. However, the Senate task of legislation. Amnelamd with 113 principal power
Committee -of the Wh-ole pm-ceeded without to legislate is the auxiliary power in erisube that the
publication of tile amended Rules. [s tlte laws it enamels are faithfully executed.
PDLITICAL LAW
The power ofo1.-'ersight has been held to be inlrlnslc in 1D. Power of ime:rJ1al organization (/98?
Wie grant of Ieglslatlve power 1tse]f and integral to the Constitution, Art VL Sec. I6j
cheeks and balances inherent i11 3 democratic system
of government Woodrow Wilson emphasized that 3_ Election of-nfiicers
"Even more Important than legislation is the b. Prnmu gate internal rules
instruction and g'uldanee in p-olitieal affairs w]'Lid'1 the c. Disciplinary powers
people might receive from a body which kept all
national concerns suffused in a broad da!."]1g]11 of | .,,rl I r r r
discussion." 4"EI'pirrion o f I . Prmo, 8-for-oilntai u.

car-rererl o a Ho. I5F'U'/5', July Ra 2803]
lmwa aha hlt 'llfffrrri {2 D19 BAR]
l'}l1[lrr\'r f\f1f1~*p:rf1'l'=11'*vp nnwrr'-2
1. President,
2. Vice-President,
1. Power to declare the existelme of slate cif Wat'
3. Members of the Supreme Eénurt,
(I98? Cnnstfrutian, As; w, Sec. 23, Pan In
4. Members of the Cnnslimtlnnal Cammi sell::ns. and
5. d'Le Dml:l-udsm.an
HDTE: Under Art W, Sen 23l'2_l, Ingress may
grant the President emergency powers subject to
Stcns in the impeachment urn-cess [2012, 2019
the ffillnwlng :undll1l:m5: [WaLiRi:N]
BAR]
There is 3 War or other national
Eunstimliun prmrldes that Me Hausa of
emergent;
Representatives shall have the mdusiw power M
EL The grant of eme1'genq,r powers must be
inlliate all eases of impeachment. flea? Censtlmtla4
for a Limited period;
M I X ; Sec 3 (IH
c. The grant of emergency powers is
subject m such Restrictions as Congress
1. Initiating ixnpeadimnnt cases
may prescribe; and
d. The emergency powers must be
exercised ld carry out a National policy 3_ 'l.Fer1Eed complaint filed 111.* any member
declared Br Congress. it' the House of Representatives or any
eltizen LLI:l4:m resnlutlnn of endorsement
2. Power to act as Board of -Eanuassers in election by any member thereof;
of President (I9-8? El:1nsEituna::l. Arr. or, Ser. IQ]
HDITE: If the 1.-'trilled Qnmplaint is filed
3. Power to call a special election Eur President and by at least 1,13 of al] i'ls members of the
'Fife-President [1985-' £'nnsnIr.rl'ian, Art PT. Ser. House of Repvesenta1:l1.res, the same
IN] shall callslitute the Articles of
Impeachment, and trial be' the Senate
4. Power to Judge Presldent's physical Fitness to shall Enr1;lwnld'L proceed. psi?
discharge the Mnctinns of the Presidency m r s ? £'nnsl'ftutllan, Art or, Sac. 3' {"4j'j'
ILi'4:rn5.ntr.rnan, .4.rL we, Sec. II]
b. Inr:lu.slon in the order of business
5. Power to revoke DI extend suspenslnn of the within 1D session days,
privilege -of the m i t cut' habeas corpus at c. Referred to the proper committee
declaratlan of martial law ,near Canstltulian, within 3 session days from 113 inclusion,
Jar; or, Sec. 18'j' d. Tlhe committee, after hearing, and by
maiorlt3.r vote of all its members, shall
5. Power to l:l:lnr:11r in Presldential amnesties. submit its report to Me House of
Cuncurrenoe of Jnaiuriq,-' of all the members of Representatives together with the
Congress .[I98? Enristitutl-nn, A.rL WL Sen 19] oorrespondlng resolution;
E. Placing on calendar the Committee
Power to concur in treaties or inte1'11atll:mal resolution within to da].rs from
agrweemems; concurrence of at least 2,33 of all submission,
the members of the Senate {I98? EnnMtutian, Discussion Elli the Elmer of the report;
are WI Sec. 21) and
g. A vale of at least 1,8 of all the members
8. Power to mnfirm cerlaln appni n u n e n m f of die House of Representatives shall he
nnmlnad-ons made by the President runs? necessary either to afllrm a favorable
ti'on5n:r.rt{on, An; we, Semi 51 a'nd 161 resolution with the Artlrles of
Impeachment of the rommitoee or
Power rela1:i1.I'e to natural resources. m r s ? override its contrary resolution. ,fpsror
ti'4:\n5NL1.l't{on, An; XII, Sen 2] l'1'onsl'ftution. Art or, Ser. 3' (Z-Ejj'
2. lmpl:achnlent Pr \ nnel :di ngs
5?
EI. The Eenatars take an path or affirmation, proceeding is initiated DT begins when a verified
and complaint is filed and referred to d1e Committiee
on lustiee for action. l"Fmnclsr:n v. Hausa of
]'!III}TE: When die P re s lde nt of 'Lhe Represenmtii-'§. en at., 6.8. Na 160261, November
Phllipplnes shall be impeached, the Chief 1u,2ac13}
Iustlce of the 5-L1pu'en1e Edurt shall preside,
otherwise the Senate President shall preside The power to impeach is essenljal]],r a ['l[|['l-
in all dlhei' cases of impeachment [Senate legislative pcerogjative and can be exercised by
Resolution No can; Congress only within the limits of the authority'
conferred upon it by the Constitution [Francisco
b. A dedslun of ennvict:an must be mneurred v. House as' Representatives, ibid. It is, Br its
nallme, a sur generis pclitlco-legal process.
in be* at least 2,r'3 of all the members of
[Gonzales Hi' u. Deice of the President, ER No.
Senate. 19623/,jan r.rar:l.' 28. 2014]
HUTE: The power to impeach is essentially a nun- NDTE: The limitation refers to the element of lime,
]egis]a1:i1.re preroga1:l1.re and can be exercised by and not the number of complaints. The lmpeachabie
Enllgress l::11lj.f within the llmlls of Lhe authnriqr ofiieer should defend himself in only one
cunferved upon II by the Dnnstitulinn. [Gutierrez l.: lmpeadlment proceeding, so that he will not be
House n,f Repf'esentutiv-es Enmmittee an Insure, 8.8. M. precluded from performing his official functions and
1934.9. Fehmarj." /5. 20//1 duties. 5in11Iarl.',f. Gongress should run only one
impeachment proceeding so as not to leave lt with
The Senate has Wie sale l:0wer to try and decide all little time to attend to its main work of law-maldng.
eases of impeachment pas? Constitution, .4.»1; or, Ser. [Gnr tierrez v. The House a-.,IF Repr-esentoNues Com mitted
3[EI]]. I-Ienee, judgment in an impeaehnlenl on fustic-e, ihid..l
proc e e ding is normally not subiecl to j1.Ldlr:ial curlew.
Purpnlp nffhr 1'1l1P"'l!'*il.T her [1 11 P

1-:pun CNLLrE may annul Me proceedings if 111ere is a
showing of a grave abuse of discnetl-nn DT nen- 1. TD prevent undue El" tag frequent harassment;
compliance 'lndth the pmcedura] requlremen13 of the and
En11.=.tllut:l1Jn. z. To a]]1:l-w the Iegislallme to on Us prlnelpa] task of
Ieglslatiun. {Ernm:B'4:'4:r v. Hausa of Repruenmdves
Palwrr clf the Hn? to rip¢trminr lip *iuffirivufv Ni supra]
Inrm and 911h1*H nf'p of Hn if11l1-r=\rhmpnt rnm.n1qi m
NUTE: Congress may leak into separate r:e»ml:llainu
It is an exponent of the express -constltutlona] grant of against an Impeachable aMber and consider 'Lhe
rulemaldng powers of the HoR. In the discharge of lnelusian of matters raised therein, in the adaption of
that power and in the exercise of 113 discretion, the the Articles of Impeachment {Fl'unealsr:a 1.-'_ House of
House has formulated determinable standards as to Repaesetitatfues, et of., supra'
form and substance of an impeachment complaint
Fur therinore the fnupeachlnent rules are clear in -115111léi111l :l=ll.tIII:a:nl»I:l=l».*111I1.E_
echoing die constitutional requfnemenls in providing
that there must be a "verified complaint or resolution' Initiative
and that Me substance nequlrement is met 1r there is
'a recital of facts constituting the offense charged and It is the power of the people to propose amendments
determinative of the jurisdiction of the committee." to the Constitution or to propose and enact Ieglslalion
1'Gr.rtiermz v. House of Representatives Committee on thrl::lug]'L an e]er:t:lo»n called for the purpose.
Jl':.rs'tl'ce, llJId.j
Kinrle of Initiative \mrlpr the' [uiHmvp anil
Limitatlens imposed be the Cnosizitutinn upon the Rptltrpn:lum Art [RA613511
ini.ti,atlun of impeachment prneeedings: E1
l:px{:1 uii of* nnwf*1"- 1-w*-'1r had 1"ulf*l 'Eu5taLuf lfnnstitutinn, Statute, Le-ca] Legislati-nn ]
1. The House of Representatives shall h a v e t h e 1. l'ninative Ur: the CnnsLIl'utalan -Refers to a petidan
exclusive p o w e r m I ni ti a te all cases of pmpnslngamendmenls to the Cnnstllutlan.
iml:lear:]'Lment, and 2. l'ninative an natures - Refers to a petition to
2. Hot more than one impeachment prncweedlng enact a na1:l11na] Ieglslatiun.
aha]] be initiated against the same afficlal wllhin 3. l'nit4latiu'e an Inca! IegMutalnn - Refers to a petidan
a p e rri affine year [Ume-jrear bar rule]. pmpnslng to enact a reglnnaL prn'ulnelal.
nlu11ll:ipal. r.'1t1.r, DI' barangay law, Lsesnlud-nn m'
HDTE: An Impeachment case i s t h e legal lsrdlna ml:e{RA seas See 3 {ajj'.
edlllrdversy that must be decided by the Senate
while a11 Impeachment proceeding is one that is NDTE: Sec 3 [IJ] l::lfRA E 8 3 5 pr uv l de s fur:
initiated in the Haul of Rep:l'esentati1.-'es. Fur
WrWMS of applying the an al bar run, the
PDLITICAL LAW
.indirect initiative - Exehclse of tnttjative b:.* the NDTE: The following are the Ilmllatlnns an initiative
people tJ'LmugJ1 a proposition sent to Congress or DI' referendum:
the Inca] legislative body for action
b. Direct inintzrtius - The people themselves Hled the 1. Nu petition embracing more than :me [1] subject
petition with Me EDMELEIE: and not with shall be submitted to the eleeterate.
Gongress. 2. Statutes lmralving emergent measures, the
enactment of whleh are speeifleally 'wested in
an HT35 in M4nEI1N4TE in ruvrrilll! *hr wlrpl'n of Congress by the [L-anstjtutiun, eannut be subject
inififlriw n *1lnlprMn1r r 11 In to# FnnitihUior [2014- to referendum unti] EIU days after their eFfer:tlvit'j.-'.
BAR] fs-.46735, See 1-UjL
Under the said law, Init:lative on the Constitution is

eon Ened only to proposals to amend. The people are w. EXEI:UT1VE DEPARTMENT
not accorded the power to 'directly propose. enact,
approve, or reject, in whole or in part, the The President is bath Me head of State and head of
Constitution" through the system of initiative. Tlhey geirernmenl; hence, exe-l:ut:l1.l'e power is exeluslvelyr
can only de so with respect to 'laws, ordlnanees, or vested un him. rr5l8?E'nr1sNL1.l'han, .Art WL Sec. In
resolutions." Secondly, the Act does not provide for
the eonten13 of' a petition fm' init:lat:lve an die 1
l I 1
l
1
Eonstitiition. The use of the clause 'proposed laws I

|. I l
IL II:
sought to be enacted, approved oc rejected, amended
or repealed" denotes that RA 6735 excludes Inti atlve Qua1iE8Unm of Lhc- President and the Vitr-
on the amendments of the Constitution. Prriidvnt WPI
Also, while the law protddes suhtittes for Natlona! 1. Nam raj-bdrn rdtlzen of d1L Phi lippines;
lnltlatl1.re and Refenendunl and for Loral InItiatIve and 2. A registered valet;
Referendum, no subtitle is pm-vlded for initiative cm 3. Able to read and write,
the Eonstltudon. This means that the main thrust of 4. At least forty years of age DTI. the day of the
the law is lnltiati'ue and referendum run national and election, and
local laws. If RA 6?35 were intended to Mlle provide 5. A resident of the P hi lj spines fur at least ten
f ur t he lnlplemenmtlon i f t h e inltiatiue on years immediately preeedj fig such e]e4:t:l-1n.
amendments to the Constltudon, II could have use? tTunstfmtian,A.lt VOL Ser: 2)-
provided Eur a suhtide, eomldering that in the order
of things, the primary if interest, Dr hlerawhy of HDTE: The enumeration is exclusive
values, Me ]'i,g]'Lt of the people to dlreedy propos
amendments to the Consdmtlon is far more lnlpormnt Flpf'tinll of Igor Pr~rli-'lfnr and 'e'if'f-Frriiflrnt
than the inltiatiue on national and Ioeal laws.
{M&nwr-Son Ugo C8HELEE an No. 12?325. The Presudentand the 1Flee-President shall he elected
Hdmh ii I958; by divert vote of the people (1 SIE? Cnnsntr.rltil:Ji1, Art
VOL Sen 4]-
Enferenslum
Tm-rm nfnfti-:p of ltlp Frtiidvnt
It is the power of the electorate to approve or reject
legjslatlon through an election called for Lhat purpose. 1. The Pnesldent a shall have a term of 15 years
which shall begin at :man on the 3l]rh day ofjune
EhmBnLEdtnmimm next following the do],r of 1:he elec1:lon and shall
end at noun of the same date, 6 years thereafter.
1. Referendum an Statutes - Refers to 3 petllion to 2. The President shall not be eliglhle for any re-
approve or reieet a law, DT part thereof, passed b1.* election.
Congress. 3. No person who has succeeded as Pnesldent and
2. Referendum an Loco! Lew - Refers to 3 pet:ltlon to has served as such for more than four 3-'ears
appro'ue or reject a law, resolu1:ion or orldinanee shall be qualified for election to Use same office
enacted Br regional asseml:l]les and Ioeal at any time. {I§IE?ll:'onstl.tr.rtion, Art wt Sec 4-j
legislative bodies.
TO-rl:n ufufticc of the'¢'ir.*c-Pmsident [VP]
Initiative Irs. Referendum [IDBI] Bar]
1. The 'II"i-ne President shall have a term oF E years
which shall hegln at noun an the saw :lay afjune
L. Fro pose next fnllnwlng the day it' the election and shall
amendment [D hpprnure DT end at noun of the same date, 15- years thereafter.
Extent the El:lnstil:LLlim1 reject 2. The 'II"il:e-Presldent cannot serve Eur more than 2
2. Propose and legislation suneesslve terms.
enact legislation
vI. ExEcuTlvE DEPARTMENT
HUTE: The '1"1l:e-President may be removed from 4. There is nothing in IIILII' laws that would prevent
office in the same manner as the Presider; {I98'? the President from waiving the privilege. He
L'ef1-srItunnn, Art wr, See..3'.} may shed the pmteetlan afforded by the
privilege. fSdHuen 'L-'. Maknslnr_ raid.;
i:I I I
11 L
Heads of departments eanndt invoke d1e
Pnesldent's inimunity. |'Gi'0:a in. EA, an No.
119993, August 15, 20001
Plri'¢il"F.1'1 of thr- Prp1irlp|1I am Yi-:p-Flrp9idrnt
B. Rule in immunity after tenure:
1. -l'lfIIL'ial re:=:ldl:nce; 1. 5313r3.-' is dl:tl:rlT1lnl:d D-nee out of free, even before the end of the 6-
2. Salary is determined b:.' law and shall nut year term, ln1m1.Ln1t!,.r Em' nan-ufEeial anus is Inst
l'rlm'L1nit§r canll-ol be claimed to shield a non-
by law and shall nut to be decreased
sitting President from pruseeudan far alleged
m be decreased during his tenure. criminal acts de-ne while sitting in ufFlee. f'Estmda
during his tenure. near-' £'4:ms'tlltutinn, v. Desiertn, 8.8. No; I46?19-1i Math 2, 2OETIJ}
use? Constitution, Art 1-'TL Ser; 6]
.4r1 I-*IL Ser; 6J1 lr appointed to a When a nun-sitting President is not immune from
3. Inlmunltjr from suit Cabinet pest, no need suit fur' ads cummittcd during his tenure
for aliidal acts. fer Cummisslnn an
A nun-sitting President does not enlny lntmunity [rum
Apl:HJlntmen13'
suit, even T.i'Luug]'L the anis were done during her
use?
r:l:lnllrma1:il:m. tenure. The intent of the framers of the Constitution is
Eansntr.rllnn, Art we, clear that the immunltjr of the president h"nJn suit is
Ser: HJ enncurrent only with his tenure and not his
tel'nL [Rodriguez 1.I'. GM., GR. Has. /91885 8 193160,
Fp1\1nn Ifrr pa h`lhil'irrn =lr'=M11t *MP ="*11tl1»=p of t*1pilr Hsvember 15, EDI I ]
salas
When a farmer President cannot be imulcadcd
It is meant la prevent the Ieglslalure from "weakening
their fortitude by appealing to their aurariee or Impleadlng Me farmer President as an Llnwi fling ED-
enrrupling their integrity by nperaling 011 die petitioner, for an all she made in the performance of
necessllies. the Wnm1om of her dflice, is contrary to the public
po]icj.r against el:rlls1'olllng the President in sulLs. "to
_Ii:l=.-qIq4~!h4i1I,'*1.5\II§1"l_ assume the exercise of Piesidentlal duties and

functions free from any hindrance DI' dlstraclidn,
l1¢1ctri11p of Exr~:11l'i 'HP lmrm min' considering that being the chief Executive of die
Gourernnient is a Job that, aside from requiring all of
The President is immune from suit ar From being the oiiice htllder's lime, also demands undivided
brought to r:l::urt dr.rrlfJ-g' the perdad of his ineumbenq.-' attention. [Resident Horne Hommois v. Re;"8, ER. Hn.
and lenee. 139991, '=11prHZ1, saisj
Reason: Assures that the President is free to exenzise Purr use of presidential immunity:
his Presidential duties and responsibilities without
any hindrance or distraction. 1. Separation of p-nwers - viewed as demanding
the exel:LLti1.-'e's independence from the Judlr:1arj.r.
GR: The privilege of immunity can only be invoked by so that the President shnu]d not be subset to
the President by 'Lrirlue of Me office, nut b:.' any other the Judiedarj,-"s whim. {AJ'm4:rnte, H. Vasque; G.R
person DTI.behalfuf the PresldenL N o 95369. May 23. 1995]
R\l1 p+z on Exfn1rivt lmnluni'l.' z. Public euovenienee - The grant is to assume Me

exercise of presidential duties and funetidns
n. Rules Dll in1muoit§,rdun"og tenure: free frldm any lli11dran-ce DI dlstraelinn.
cnnsiderlng that the presidency is a job that
aside fndm requiring all of the nor:e-hdlders'
1. The President is immune Item suit during his lime, demands undivided attention. {.S'oHuen up
tenure. [Jn re: Hermudsg, GR. Na ?6I89 Elctsher JI-Mlmsiaf; ER Na. 3253; Nav. 14, 1988]
24, I936;
2. An Impeachment onmplaint may be filed against NDTE: The lmnrlunlty of the President from suit is
him during his tenure. mrs? Ennstitutfrm, Art persons] to the President It may be lnvobted only by
HU the President and not by any other person Such
3. The Presldent may nut he prevented fnnni privilege pertains to the President Br the 'virtue of the
lnstltutjng suit. {.Si'.1J'fuen '|.". Mskssiun ER N a ohtiee and may he invoked orally Br the holder of that
82585, November 14, 1935; office, and not Br.' any other person in his behalf.
l"5'o1'iu'en u. Molntrsion ltJid.}
PDLITICAL LAW
Q: Sen. de Lima delivered a privilege speech un Me 1. The existence of a superior-sulbordlnate

flour of the Senate falling a stop to the aJleged relationship between the accused as superior
eel:rajudieial killings committed in line eeurse et and Me perpetrator of Me erne as his
the era-cl-Ldnwn en drugs, and urging her subordinate;
colleagues in the Senate to eanduct investigations 2. The superior knew ar had reason to .know that
of the alleged victims. the erne was about to be or .had been
committed,
In response, President Duterte issued a number at 3. The superior failed to take the necessary and
public statements against Sen. De Lima, inrludiog reasonable nleas'LLres to prevent the erlnllnal
denuoeiatians of her eurruptinn and irnniarality. acts or punish the perpetrators Ihereoli
The statements pmmpned her to initiate a petition [Rodriguez u. EMC. on Nos 19/885 .s 193169,
for like issuance it' a writ nfflubens data against November /5, 201 In
President Duterte. Hay the ineunibent Piesident
be haled to euurt even fer the limited purpose Apulicaiiun Ni the doctrine of command
under the Rules an .tile I-'I-'ritnj'Haheus Dam? rp=al1nn1ihilil;'l¢' in nnqlrrrn pmrpvdinE€
A: NO. Sen. De Llma argues that the ratjdnale fit' it should, at most, be only to determine die author
President:la] immunity dues nut apply in her ease who, at the first lnstan-oe, is accountable for, and has
because the prneeedlngs for the writ ufhsbens the duty to address, Me disappea l"3]1'IIE' and
dum do not lnvulve the determination of harassments eomplalned of, so as to enable the Court
administrative, r:11.rll. at criminal liabilities. Again, we la devise remedial measures that may be appropriate
remind that irmnunitg," does nut hinge in the nature Ni under the premises to proto-et rights eo1.rered be the
the suit In short, presidential immunltl; is nut writ pompom. [Ruhriro U. GM., so. No. 183891,
intended to immunize the President from liabllitg.-' DT Februar)-' 18120.1 El]
aeenuntabilitgr.
Prriidvnt maw hr hplr1 1i-1hlr for rvrraillclirial
The rationale for the grant of immunity from sul! is to kil1in§L9 and pninrrvd r1i1=1pppar»1l1rp'i at
assure the exeneise of Presidential duties and Enmmandcr-io-Ehicf
Eunetlons free Hom any hindrance of distraction,
eortcldering :had being the Chief Executive of the The President may be held accountable under Me
Government is a job that, aside from requiring al] of prlnldple of command ]'esp4Jnsi bilit3-'_ Belng the
tile ol'Flee-holder's time, also demands undi1.rlded commander-in-chlef of all armed forces, he
attention neeessarlly Ipdssesses ednn'dl owl' the mllita1y Lhat
qualifies him as a superior wlmLn the purview -of the
Further, a suit will degrade the dignity of the high command respnnsibillqr ddetrine.
office of the President, the Head of Stale, if he can be
dragged into court lltigations while serving as such. Ein the issue of knowledge, it must be pointed out that
Furthermore, it is important that he be freed from any although lnternatlona] tribunals appI..l.r 3 in-ict
form of harassment, hlndranoe or distraction m standard of knowledge, Le. actual knowledge, the
enable him to may attend to the performance of his same may nonetheless be established through
ofdeial duties and functions. Unlike the Ieglslat11.re and circumstantial e1.riden4:e. In the Philippines, a more
Judicial branch, only oile constitutes the executive liberal view is adopted and superiors may be
hraneh and anything which impairs his usefulness in charged with constoucljve knowledge.
the discharge of the many great and important duties
Imposed upon hint Br the -Constitution necessarily Hnnwlvdrav of hp wmmininn of il'lrp141ll=1ri1ip4
lnipairs t.he operation of the Government However, IL'rimcs Ur uffcrlscs is presumed when:
this does not mean that the President is not
aocountable to anyone. Like any other official, he 1. The acts are widespread within the government
remains accountable to d1e people but he may be dEfil:ia]'s area d-Ejuriadietl-an :
re1no'l.-'ed from office on]1.r i11 the mode pro-srlded be .law z. The a1:l3 have been repeatedly or regularly
and that is be impeachnlenL (De Limo vs. Duterte, as en-mmitned within his area of respdnsibi]1tg,r; or
Ho. 22F6.8'5, Elctoher 15, 2151151
3. Members of his immediate staff or nfflee
petennnel are involved.
Pri T\r"[.n1 r\ of r-nmnlam-al rr1pnn1ihlili11: As to Wie issue of Failure to prevent or punish, it is
important to note that as the commander-ln-ehief of
It is "an omission mode of lndimrldual erlrnlna] the armed forces, the President has the power to
lial:lllit§.r.' whereby the superior is made responsible eEfe1:tlvel}r command, control and diselpllne the
for crimes committed Br his subopdiiiates for falling mllioary. [Rodngue2 |.-'_ GM., is. Has /91885 s
to prevent or punish Use perpetrators [as opposed to 153160, Not. 15, go] H
crimes he ordered). {Rubriro u. GM. of No. 1333:-'1.
Febmorjr 18. 2o1oj=
-'.H=I=*'-'4I'I=l€ilL*li |lI|I*=l'{=-
E laments of command respunsihilitv It is the power of tJle Presldelll and high-level
ewecutlve branch nMcers to w*1thh11Id cerlaln types of
81
infnrmatlnn from III:rJngJcss. the courts, and u]0malely Reason: Without this specificity, II 15 impossclbie fm' a
the public. {211119, zm In-, and zms BAR] court to analyze the claim short of disclosure of the
very thing sought to be protected.
lnvn-cation of the privilege
NDTE: Congress, however, must nut require Me
It must be lnvaked in 1elatlnn to spe»:'l]Ii!r: 4:'ate;g ara'es :If Executive to stale the reasons far the claim with such
Infonna dun and not to categories cif person ns. partleular1tj,r as to enmpel disc-nsure of the
lnfm'matllsll. which the privilege is meant to protect
HOTE: A claim of the eeeeutfue privilege may ile vmiid [`5enste u. Errata, ibM.}.
Dr net depending in the ground lrn.-'nked m justify it
and the enntentt in which it is made. Natieeably ahmeent '9:f+pp u[plrr*1'uri up rlrivilvrar*
is any neengnitldn that executive ntfldals are exempt
from die duty ta- disclose information by the mere fact 1. Conversations and correspondences to enable
of being exe1:utl1.re dfflelals. [Senate u. En11ltEl. ER Na the President and those who assist him in freely
I 55?Fi Aum2e 3006] "explore alternatives in the process of shaping
policies and making decisions and to do so in a
Consequently, in case w'1'Lcre the pr11.rllege is Invoked way many would be unwlliing to express except
'Lhrough executive orders [Ellis] p1'ol'Libit:lng execut:l1.re privately."
officials from parlidpaling 111 legislative inquiries, Me z. It likewise covers military, diplomatic and other
Court held that "lo the extent that lmrestlgatlons in aid natlona] security matters which, in the interest of
of legislation are generally conducted in public, any natlona] security, should not be divulged
e1:ecut:l1.re issuance tending to undII.Llj.r limit disclosures 3. It includes information between inter-
of information in such in1.resdga1:i-ons necessarily government agencies prior to tile conclusion of
deprives d'Le people of information which, being treaties and executive agreements, discussions in
presumed to be in ald of legislation, is presumed to be closed-door Cabinet meetings, and matters
a matter of public con-cern." [Senate u. Ermlto, 1`lJld.}' affecting natlona] security and public order.
Pfrwni elm ran il1\tr»*p pvfnlriw n ri\filpff lilnita'lnn -'II r1-'p*l1l'i\*p 51ri\'i1*i"'
1. President' Bring an extfadrdinaryr power, me Claim of' executive privilege js subject to balancing
privilege must be wielded duly by the hlgbest against other' interest Simply put, oonfidentialltj.-' in
::4M1:i31 in the executive department. Thus, the exeeutl1.re privilege is not absolutely pmteeted Br the
President may not authnrlze her sub-nrdinales Constitution. Neither the doetrlne of separation of
[D exercise such power. powers nor the need for oontidenlialltgr of high-level
1:omm1.lni1:atio11s can sustain an absolute, unqualified
2. Executive Secretary, up-an proper uuthc-rfznlian Presidential privilege of immunity from judicial
from me Fr'es'1d-ent- must stale that Me au1:hnrlt'j.-' process under all elreumstanoes (Herr u. Senate, E.R.
is 'By order of the Presldent.' which means he Ho. 184543, March as, 2008).
personally consulted with Wie PresldenL
Kinds Ni Excmtivc Privily-gc
Rp¢1uin*mpnt if an nftirial ii wmmnnvd mr
£Tnnp.rt1'4 am a maittr which in hi'-2 iron i=1d=t.ntpnt 1. [ninrmefs Pri vi l ege- priWlege of the
might be cuvcrcd he exccuijvc privilege gevernlnent not to disclose the identity of a
person Ur persons who furnish information en
He must be afforded reasonable lime to inform Me vinlatlens of law to l::fEees dirged with the
President ar the Execut:l1.-'e Secretary of Me possible enfrnreementuf that law.
need for ln1.-'oklng the privilege, in order to provide
the same with fair opportunity ld consider whether HDTE: The suspect involved need nut he SCI
the matter indeed calls for a claim of executive on-lnrinus as to be a threat to national security
privilege. If after the lapse of that reasonable time, fer the privilege to apply in any given lngance.
neither the President nor the Exer:ILLtl1.re Secretary Dtherw'ise. the privilege would be inap'plicahle
invokes Lhe prlWlege, (longness is [10 longer bound to in all but the most high-prdfile eases, in which
respect the failure of the oMcial to appear before case not duly would this be cdn1rarg.-' to Icing-
Congress and may then opt to avail of the necessary standing practice, lt would also be highly
legal means to compel his appearance. {3eriote it pre1LLdlcial to law enfdrcenlenl effnr3 in
Ermito'. ibirij. generaL
RI:-quinrmc-nls in invnkingtjlc privilege 2. State Secret Privilege - Information is of such

nature that is disclosure would subvert crude]
1. There must be a formal elalm of the privilege, nUlitary or diplomatic ol:lleetives.
and 3. Generic Privilege - Internal deliberations
2. The claim has speelflr: des1,grLatip11 and i11~.1'o]1.-'ing the process of governments] decisions
description of the doeumenls within i13 scope and policies
and with the precise and certain reasons for 4. Presidential Eoml:nuniealio.ns Privilege -
preserving their co of] dentialltlr. deelsio n-making of the President
PDLITICAL LAW
5. Deliberative Pr1::-cess Privilege - deelsiun- test is that an advisor must be in "operational

making 4ifexe1:u1:ive cl Meials [admrisury apiniuns, proximity* with the PresidenL
reenmnlendatlans]. [In Re: Sealed Case Nu. 96-
8124, June 111959_ 3. The presidential communications privilege
-6. 1] ipluruaiic negmiatians privilege remains 3 qualified privilege that may be
overcome by a showing of adequate need, such
Test t-:1 determine Me Validillf of a claim of that the information sought "likely contains
.. important evidence" and be the unavailability of
the information eisewhene by an appropriate
WTLe1jrler Urie requested infermaljen falls widen one of investigating authority.
the tradllinnal privileges and whether that prlvtlege
should be handed in a given pvueedura] setting. Presumed
_
privilege
_
status of prcsidenlial
Presidential :umm unicaliulls privilege vs.
Delihrrativr 1:l-rn4:l:~ss privilege The pvesumptidn is based en the Fresidenrs
generalized interest in ennfidentiality. It can be
overcome anlgr be mere shdwlng of publje need by the
branch seeldng aeeess [D :dmrersad-dns.
Scrape of PE1T.a1J15 Lu Includes Matters lmrnlving dlplcmatjc negntiatjans are covered

the l:l::mnlunlr:alin n advisory by executive privilege. However, such privilege is
privilege =. d.D['l.lll1ETlE DI' D`l]i.lli.D]1S., only presumptive. Reccgnizlng a tg."'e of lnEm'Jnatll::n
I]l:hET materials rE1IDI]1lf\'lETl 35 p1ivllr.*gcd dues nut mean that it will be l:rJ11sldered
l11a1 reflect daticms a n d prhdleged in al] instances. Dnly after a cnnsideradcn
presidential deliberate of the context in which the cLalm is made may II be
deeislnn- ns determined if there is a public interest that calls for
making and co m p r i s i n g the disclnsune of the destined lnfnrmatlnn, string
deliberations mart of a enough to overcame its Uadidcnally privileged status.
Una! tb! .lucas Br {AKBA'.l".11N u. ¢4Iltll.l]TD, ER. Mn 1 ?0516, JIul_'l,-' 16, 20081.
President which
believes should in-vernmen Prnhibitinns attached to du: President, '¢"il.~1:-~
remain t al Pr¢'1idp1'\r. lT=d1inpt P-"l|=mhpr*=- and tlwir dPT11lI1P=: cur
ce n fl d e n tl a l dedslnns =11'-1i'~1'tant*i. Ilnlti'-I nthprlla:i~1p p1"nvirlpfl in rep
and Ennsunannn 11996, 1998.| znoz, 211114 BAR]
pulides are
furmulaled 1. Shall not receive any nH_11er emnlumenl From the
government DT any other source runs?
£'4:rnstltutlan, .urL Ir'l'L Sec. 6).
To Applies 'IG hp-plies to
wham decision- dedslnn- MUTE: Emolument r e f e r s t o any eempensatlun
nppfimh making -of the making of received f er ser vices rendered o r fm-m
It President r:xer:l.LI1ve pessesslnn of an l::Mr:e.
nffhzials
Fnundnti IP.50t43»l:
.n Lha- Hunted in 2. Shall not hold any other DO-ne DI' employment
DH' cmmlludona] common during 1i\eir tenure unless:
p1'indp]e of law
gggparadgn of :lrhrlleges CI-LI'LerwlseproW-ded in the Constitution {e-g.
puwier s and lb ! vp can be appointed as a Cabinet Member
IPres1dent's 'lanlt.hnut the need of ennfirmatlnn br.'
unique Commission on Appointments; See. of Justice
cnnstltutianal sits in the lutildal and Ear Council]
rule.
b. The positions are ex-o.;]'i'do and they do not
reeelve any salary 'DT other emolument
therefore [et See. of Finance as head of the
Elcmcnls: Monetary Board]
1. The l:vnlte1:ted mmmunicaUnn must relate to a 3. Shall not practice, direlzdy-nr lndireedy, any other
'quintessential and nun-delegable president! profession during their tenure
power.'
4. Shall Jul participate in any business
2. The communication must be authored of'
'soliolled and ror:el1.-'od' by a close advisor o f t h e 5. Shall nut be Ilnanciallyr interested in any contract
Presldenl or the President hlnlse]E. The iudldal with, DT in any franchisee, nr special privilege
granted by the Government, lnduding nieces
83
6. Shall avoid mnflirt nfinterest in conduct QEQETQE Pclwrr of admirdilwliw rp»arp.af11zarinn
T. Shall avuld nepnlism. [I98? Enristitu Linn, Arr.. wr, The President has the power to reorganize the offices
.'§£'r: 131. and aden-eles in the e'xer:ut11.re department in line with
his constitutionally granted power of l:onlJ'o] over
_*g.,M,l 1{l1*,Hl,l4l,L{l.Hiii exeeutl1.re offtres and Lip' virtue o f a previous
delegation of the lee.islatiue power to reorganize
exe-l:u1:11.re offices under existing statutes. [Honda r.
Ewmlm. sn Ho. 168620, Arm 20, semi.
General Excmtivc Pnw\er I ii I I I I r I I' I'
This is Lhe p-nwer vested in 812 Presldent of the IJIH uh al :H

pm|1ppunes. [I98? Ennstitu tlnn, Are VOL 594: 1).
The selectlnn of an lndMdILLal who is to exetwelse the
Faithful ExE1:u1:ll:m Clause ¢1r 'Take-Earle" Clause Eunetl-uns of a glisten office. It may be made verbally but
lr is usualljr dune in writing Il;hrl::u&g]'L what is called the
The power to take care that the laws be faithfully .l:l]n']lgl'lj53iD]1.
executed. {Ean§Nt:.rltil:Jr1, Art VOL Ser: IF;
NUTE: The appointing power of the President is
The law he is supposed to enfnree Includes the exeizutlve in nat'ure. While -Congress and the
Enn5tllu1:1nn. statutes, 111dll:ia] dec'15ln113, -Constitution in per rain cases may prescribe the
administrative rules and negulatlnns and nlunllzipal qulali fleations for particular offices, the determination
nndinanees, as well as treaties entered into by die of who among those who ape qualified will be
government appointed is the Presl:1ent's prerogative. Wimentei H.
Erw4ilto'. ER. No. 164-HTS, Qetoher 13. 2151E15.l.
'in~iEf [1-1wrr=anf the Prp'ii-'lfnt
Elements in making a valid, eumplete. and
1. Appointing power [1985-' Eonsntuo!on, are WL effective Presidential auuuinunent: [A-T-'lu'-A]
Ser: 16j
2. Power of control. over all \E!'[E'l'Illtlllll'E 1. au th o rity to appoint and evidence o f t h e
departrnenls, bureaus and offices MSIE? exercise of the auII;horltJr;
Eonslitu son, At; VOL See IF] 3. Transmittal of 1:he appointment paper signed by
3. Commander-ln-Chief [powers {»l:alling-out the President and evlOenee of the transmittal,
power, power to place the Philippines under 3. A Vacant position at the time of appointment;
martial law, and power to suspend the privilege 4. Receipt of the appointment paper an d
of Wie writ of habeas corpus] (1989 Eonstirunioir, Aeceptanoe of the appointment by the app-ointee
Arr. or, Ser; 18] who possesses al] Me qualifications and none of
4. Pardoning power l"I 98? SonsLin.rtlon, Art 1-"IL the disqualiti :ations
Ser: 19]
5. Borrowing power [19-8.7 £'onstlltr.rtion, Art V/1 NDTE: The possession of the original appointment
Eee 28] paper is not indispensable to authorize an appointee
6. Dlploma1:ll:,,FTreat'j,r-making power [198? to assume office. Iflt were indispensable, t:hen a loss
Eonslitu tiara, At; VOL See 2 In of the origjna] appointment paper, which could be
T. Budgetary power riser GonsLfn.rtlon, Art WL brought about Br negligence, accident, h'aud, tire or
See 22] theft, corresponds to a loss of the off-oe. However, in
8. Informing power riser IS'or1st[I.'ution..=1.rt. WL case of loss of the original appointment paper, the
Ser: 28lj appolntinent must be evidenced Br a certified true
9. 'Veto power [I98? Constitution, Arr. I-J'1 Ser. 2?_] copy issued be the proper' o-tice, in this case the
10. Power of genera] su[pler1.dsion o1.rer Iota] Mala-caNang Recd rds Gflice.
governments riser Constitution, Art. X See 4]
11. Power to call sperlal session u s e r Eonstirunioir, NDTE: At any time, benne all four steps ha1.l'e been
in. 1-"1 See. 15) i m p l i e d with, the President can withdraw the
nl::lmiJ1atl::l11 and appninlmenL (Larson U. Romero, an
Administrative Powers Ne. 1-3981, Ucmber 14, 194-5l'_I.
Power euneerned with the wprk of applying prides Nun-jlls1il:iabilit§l.-' of ap-p-uinm1-cnls

and enfa-nzlng orders as determined Br proper
governmental organ; It enables the President tu Ex a Appointment is 3 political question. So lung as file
unlfnrm standard of adminlstratlre eEie1enl:3r' and appointee satisfies the minimum requirements
cheek the dftieial conduct of his agents. Ta this end, prescribed bi' law for the p::si1:i-]n, the appnin1:ment
he eau issue admi11lsl1'a1:ive orders, rules and mar not be subject to judicial review.
regulations. l'DpJ'e je Torre; an Na. 12:48.34 My 23,
I95IE*jl. Dcsigpaiinn
E34-
202 1 EDLDEN NIJTES
PDLITICAL LAW
The lmpnsitlen of addltidnal duties in a l:e1's1:1n Eunetiuns up her position. Does the designation of
a]read],r in the public service. It is considered only as Kimberly as the Acting Secretary of lustiee,
an acting nr temporary appnlntment, which does nut enneurrendy with his pnsiljen as Acting Saliciter
-confer ser:II.LJ'1t5.r of tenure on the person named. General, violate the constitutional prohibition
l"8llnamln:l of. Garnucha, ER. No. 92088, 148' BD, 1ssm. against dual DI' multiple uflices for the Members of
l:he Eabinetand their deputies and assistants?
NDTE: The President has the power m temporarily
designate an officer already in the government service A: YES. There is vielad-en -of the Eenstitutien in ease
DI' any other competent person m perform the an Aetlng Seenetarjf of Justice is designated as Acting
functions of an office in the efxecII.L11'l.fe branch. S-elielter General because while al] other appellative
Telnporalry designation cannot exceed one year. efheials i11 the ei'ui] ser'.rlee are allowed to hula e11'»er
eth-ee or ernplegrrnent in the government during their
tenure when such is allowed Br law or by the primary
li.Lnetlens 1:llf1;heir pesitiens, members of the Cabinet,
their deputies and assistants may de se only when
1. The so-nuse and melalzives bar ennsangllioity nr expressly authorized be the Censtiultieln itself. 111
aMnit§r wimm the 4-11 civil degree it' l1:u: President ether weeds, See. 'J", ArL Ill:-B is meant to lay down the
shall nat, during his tenure, be appalnted as: genera] rule applicable to al] elective and app-eintive
publlr: -el'l"ielals and employees, while See 13, Art Vu is
Members of the Ennstltutinnal meant to be the exeeptiun applicable only to the
Eenlmisslnrw; President, the '!l.i'lee-President, and Members el the
El. Dffiee of the Dmbudsman; Cabinet, duel r deputl es and assistants
1; Secretaries,
d. Underseeretarles; The phrase "u::r£ess' l:lltJ'1en\-'Ee prove-ded In Mis
Chairmen or heads of humans Ur nEI1l:es. Ennstitutinn' must be given a literal interpretation to
including Genes and their subsidiaries. refer only lu Muse lngxanees elted in We Ccmstimtlnn
[I98? Een5tlIuLlni1., ArL 1.-U1 Ser; 131. ilselh to wll:
NDTE: If the spouse, ere, was already in any of me a The Vice-Pnestdent l:l-elng appnlnted 33 a member
above oboes at the time before hls,r'her spouse of the Cablnet under See. 3, par. [2], Art. 1|.IrII, or
became President, ]1e,l*s]1e may continue in office. acting as President in Muse instances pmvlded
What is prohibited is appointment and under Sec. T, pars. [2] and [3], Art; VII; and
neal:lp4:l1ntment, not continuation in ufhee. They' can
a]s»o be appointed to the iII.Ldidar},r and as ambassadors b. The Secretary it' justice being ex0.[]'iel0 member
and ed nsuLe of the Judielal and Bar Gnuneil bar 1.rlrtue of Sect E
EU. Arr. '!l.i'II]. (Fauna v. A,l_;IIru. EER. Na. 191644,
z. Midnight Appointments F"bmnry 19, 2013}.
See 13, ALL 'VII undoubtedly covers the Acting

ER: Two mnntl'Ls lmmedlatelyr tiefnre the next
Secretary of Justice as being concurrently designated
presidential elections and up to the end d»E his term, a
as Acting Solicitor General; therefore, he -could not
President DT Aetlng Pnesldent shall not make
appointments. validly hold any other oboe or employment during
his tenure as the Acting Solicitor General, because the
[Lonstimtion has not othervdoe so prodded.
xpt4= Tempnrarjr app-clinlmenls In executive positions
when enndnued vaeaneles therein wil] prejudice
public senrlee 'DT endanger p1.Lb]1e safety. psis
Ennstitut1'4:m. Art WI, See 15J]'
Hinds an f Presidential apps-intmnnls
Q: The Pres ident appointed liinnberiyas the A-ctiog
Secretary of justice. After a couple of da].rs, the 1. Appntntmenls made 111' an 141l:l:in8 Pre
H 'dent
President designated her as the Acting Solicitor

Genera] in a concurrent capacity. ]uli.e contested Appointments extended be' an Acting President shall
the appoi nboent of Kimberly on the ground that remain effectlsre, unless veunked by the elected
the appointment violated See. 13, Art. 'J'I] of the President, within 90 days from his assumption DT re-
Eonstitution which expressly pnohibils Me assun1p1:i11n of efflee. rise? Cunstltution, ArL or, Sec.
President, 'ifiee-President, Me Members of the 15;
Ealiinet, and their deputies or assistants from
holding any other office or eniplopnient during M idnight As-pnintmnnl;
their tenure unless otherwise provided in Me
Constitution. Un the other hand, Kimberly claims ER: Hidiiight Appnintmenls are prohibited
that aeeordiog to Sec. 7, par. [2], Art. lx-B of Me
Constitution, her appointment to such positions is The purpose of the prnhlbitlnn on midnight
ou13ide Ute coverage of the prohibition under Sec. appainmients is to prevent a President, whose term is
13 of Art. VI] as it fails into one of die exceptions about to end, from pveenlpting his 5Lll.'1IE§§lIll" by
as being allowed be law or be Me primary app0int1ng his ::lw"r1 people to sensitive posltinns.
85
l"lr"eHcurla-Gamjil u. DIM no' the P?'esIdem; ER. Hn. Appniutina prfwrdnrr [nr tlwv that m'pl:l
293392, [one 16, 20/5]
KPN: It does not apply to apl:l0intmenT3 to the 1. Hl::lml11atlm1 by the President

judlr::iar.',f under Sec. 15, Art. 'FII of the Eunsliuilin]l. 2. IEanfi1'matlrJn by the CA.
3. Issuance of-mmmlssin n
1. Regular Fresidemial Appninunenls, wiki nr
4. Arceplance by the appalntee
with-nl ut Ulf cnnfirmaijnn by the EA;
AppnilltmpnI1 w h i p rnfW rmarinn of Igor
Appuinunenis mad-e snlehr up Me Prtsidcnt Enm mission DII App-niohncnls is NDT required :
1. Those 'wested b y t h e Constitution on file 1. All other off]-ters of the Government whose
President alone; appoinlmenu are not otherwise provided For by
2. Thee whose appolntmenis are not otherwise law
provided by law; 2. Those whom the President may he authorized by
3. Those whom he may be audiorized by law to law to appoint
appoint; and 3. GMcers lower in rank whose appointments the
Those other oilieers lower in rank whose Congress may by law vest in Urie Prlesident alone.
appointment is vested he law in the President [Manolo mr. 51'sr024:r. 312 SEE 238. August II, 1999,
alone [I so? Eonstitu son, An WL See I6j. En 8-o'ne}.
Prwzi-1fnri=U app-1iutmpnr'4 gnu nfp-1 print Proc-ndurlz [nr thnsc that du nut urged me
fpmmmpnMHnn nr nrrmMatinn no the' lllfl+lr'ial
and Ear' Co-until
1. Appulntment
1. Members aflLhe Supreme Court and all le-wer 2. Arfeplance
l'Ill.ll'E.
2. Dmbudsman and his 5 lllep1.Ltles l"198? 4. Ad-interim Jlppuintments.
Eonsliru till., Art WH, Ser; 51
Power of the President m make appointments during
A,ppnintntpnt1 whir# mnfirmatinn
at :hr- the recess of -Congress, but such appointments shall
Cnmmiwinnnn »*.T1T1ninrmtnI'» in n°¢1I1irr~fl ( M I G ) be effective ::ln,l}' until disapproval by the Commission
-an App4Jintmen13 or until the next adjournment of the
1. Heads it' executive departments: [Cablnet Congress [HotiII»o.l.;r or. Eenipouo, ER No. 149836. April
Secretaries] 2, 2E102].
XPH: Vice-pvesident may be appointed as a »*.mlnilltrllr'nI*l m=n*p to the|. P1'r~'-zirlr=nt wtlilv the'
:member of the Eablnet and such appni ntrnent 17'1rL".r1'1~1 in Nert in 1p'i~1inn
:requires no 1:nnErmalim1..l!'I§IE? E¢:lnsNIur:l!ni1,
Are I-"H, Sec. 3r'?L\'- Ad interim appointments are these made by the
president while the -eellgness is NDT in sessimt It shall
2. Aml:lassadot's, other public ministers and be terminated bl.* the disapproval of the appulmzrnent
consuls- Those collnecneO with the diplomatic by the [LA ar Use adinurnment of&\e [Ingress without
and co insular services of the coII.1nl:l';l.r. the ENactlng D11 the appelntnlent..
3. 0Mccrs -of AFP from the rank of con-onel or novo!
captain NDTE: The ET and the EA shall be cnnslilllted w;llhln
30 days after the Senate and the I-lnR shall have been
MTE: PNP of equivalent ranks and the -nrganlzed with the election of Me Senate President
Phillpplne Eoast Guard is not included. and the Speaker of the He use.
4. Dlher nFI'ioers of the gmrernnlenl wl11::lse

appninlmenls are vested in the Presldent in the
Ad' Interim appd1nl:menl3 are intended m prevent a
Eunsdtuliun [I98? Cnnstltr.rlion, Ari: or, Sen 16), hiatus in the discharge efd EI1ciaI dudes. [J-1:l-vipL1sl.1r. the
such as: public efEce would be imn1-cedliaed to the prejudice of
the people If the President had to Walt fer Ernngtess
Chairmen and members of M e EEE, and the Eemmisslpn of App-eintrnen13 to reconvene
EEIMELEC and CDS 1/98? Ennstltutfnn, befdne he could fll] a vacant" occurring during the
.urL IX-8, C, D, Se: I{2jj recess (Guevara 1-' fnncentes, me Nu. I.-2_'i_'i??, Maryl
b. Regular members of d'Le JBC fI5l8'?
15, 19661.
IE'4:msNIll1Mlan, .l1.rL IFJLFL See 8f2}j'
Namrt hind interim as pnintnlpllt
HUTE: The enumeratlnn is exciuslve.
PDLITICAL LAW
Ad interim appointments ave permanent Congress is in session. Since a department secretary is

a'pl:¢-nlntments. It is permanent because it takes effect the alter ego of the President, the aedng appulntee to
immedlatelyr and can ne Ginger be 'Withdrawn by the Me afNele must neeessarlly have the Presidents
President pnee the app-nintee qualified into ufflee. The cnnfldence {Pimsnref LL Ermin, is. Na. 16495-'8'.
fact that it is subject to ersnfi rmatiun by the LA dues WinNer 13. 28851.
nut alter 113 permanent character. [2019 BAR]
HDTE: Actlng app-nlntmenw ranna exceed Noe
A-1 £m'prM1 appninrmvnf vi. Mppnimmrnt in an year. .!'ED292, Bank HL Title L Chapter5. Ser. 1? (iii
Acting Eapadllv
-£|l'\II=*={'Iii|*-1'11LI8|1
pnwpr of RtnlnW
Had: at any time ER: From the express power of appnln1:ment, the
Made during the there jg vacancy, President derives the implied power -of removal.
FW:llm made of II," whether
Eungiress Cl:l-ngress is in XIAN: Not al! ufiidals appulnted by the President are
3E531D:l"l. at not also removable by him since the Cblutlludnn
Requires D883 not re-qulrn prescribes certain methods for the separalinn from
mnfirmatllrm hi l:1:lnflrnla1:inn Ld. the public service bfsuch bMeers e.g. impeaehnient
cunjirmndon the Eomlnissiun the Commission
HDTE: The President is withe-ut any power m remove
Fummission elected Inca] officials since the power is exclusively
p-ruvlded in the last paragraph of Eectlen 60 of the
Permanent . Ni Temporary 11
Luca] Government Code.
Manu . nature
Apl:laiJ1tee lqzgulnunl llluu Hnurrr -:if tllp Pr-r'-1idfnl'1 Fnwplr =al Rtmnval:
security
Ellj1]_'l!'S mn: HUM!
security WJ!" of tenure securlly Ur 1. It is implied From his power to appoint.
tenure t+;~n1.Lrl: 2. It is implied from the 4:'-onstitr.rt!orlol' provision
vesting the executive power in the President;
Permanent APP¢]j.I'ltll'l.l:l:l{ vs. Temp-nran' 3. It may be implied from ]'ds ,I'r.rnr:talon an toke care
A u d i ntlncnt that rows be pmperfy -exe-sured; Em' without II, his
orders for law enforcement might not be
efEer:t:l1.-'eljr carried but.
4. It may be implied from the Poesldent's control
over the odminlstratlue depoatmenlx, bursa us and
Extcndud "Mlm no
persons FE]'5DH§
ounces of the goiremmene With-out the power to
pgrggng
possessing
requlslle
Iii 'l."l-:itf1EIl.1[
Well
remove, it would not be always p-ooslble for the
President to exercise his power of control.
app fin Ned
n11giulliry liidlillik
-lil'W4=[i{|Ti'I|I~'llil'IlalEI'H1II*44|l**"I€-
Not reducable at Revocable i i .
wil] will without The President shall have enn1:rnl of all executive
del1arl:l'nenl3. bureaus and rrnfli-ces; I198? t`.'4:1»nstiL1.l'l1».'Ji1.,
the necessity of
just cause Ur a AFI. wr, Sec. 17]
.ilsmucu valid
investigation; Power ui Enntrn I
appointee appointing
pa-wer has FLLII The power of an officer to alter or modify or nullify or
diar:1'elll:ln ..to la set aside what a subordinate has done in 1:he
performance of his duties and to substiliite one's own
d\ln¢`.
judgment for that -of a subordinate.
L5eeJI'iJI.r'ther discusxinn under inv an Public Djjicem]
Such "executive ccmtml" is not abaulute. The
deflnllinrl of the structure of the execu1:l1.re branch of
Prp9idpf\t maw Ami-Hint Anita: '4rr'1"~pralrit1 win nut
the curlscnt of tllc Cummissinn while the Ingress gbvernnlenl. and the cnrcespnnding degrees of
adnll11lslratl'l.re cuntml and sup-er1.rislbn is not d'Le
exclusive preserve of the executive. It may be
eEfecl1\rel1.r limited by the -Ennslilllllml. by law, -Ur by
Congress, through a law, cannot impose on the
President the obligation to appoint automatleally die iudiclal decisions. fkltamn v. Gjjice refUte President, ER
ND. 152952 Sept 2.9, 20141-
undersecretary as her temporary alter ego. An alter
ego, whether temporary or permanent, holds a
position of great trust and oonfidenee. The ogee of a
department se1:retar1.-' m.a1.-' become 1.-'aeant while
8?
HUTE: The PJ'esident's power over EDEC; comes from NDTE: AS a rule, an aggrieved party need not appeal
statute, not from the Canstltutjan, hence, it' may be to lime DEice if the President the dedslnn of a cabinet
taken away b1.' statute. seerelaryr and may tile a pedtlnn Ear eertinmlvi! d i p e e t l y
with the mum assailing the acl if t h e sa id secretary.
HUTE: Such :annul is exercisable by Lhe President His am are pwsunied to be of Me Presidents unless
only over t h e acts of h i s sutmrdinates and n o t disapproved DI' repro baled by hurL (Mun Lrbny U.
n e c e s s a ri l y ever t h e suburdlnate hllnself. IAM-AMW GariJ'm'J. GR. Nn. :4a?:s£ .4prH 16, aaasl.
1-'_ Eustilfa, 6.8. Noi-17169, HovemII»er3l5ll 1963)
|' I I 'l I :L
I I I
I I l I
I
Inu 'I l
r |
Dvpartmrnt 1-lp=1fl'4 may mc-rrf'i4p nirwrr of rcin*irnl
"[!Inr'tl'1np of Qu-'1li+ipd Pr'rliTifal »\+1.rn1'\" nr "»*Jtpr in hpl1-'llfnf flu' Frriidvnt in-:'lu¢li11£ nw- nnwrr to
Eau Principle' [zn14, zn15 BAR] reverse the illdgglncm of an inferior nMcL-r.
The am: of the eecretarles of the Enuemlive For instance, the Sec. of Iustziee may reverse the
departments performed and promulgated in the Judgment of a pmseeutnr and dineet him to vidthdraw
regular course of business are presun1p1:1ve]],f the acts infnrmatiem already tiled. One, who dlsagirees,
of the Chief Executive {P'i{J'em:1 u. Sec of the J'nl'er'ior, hl::lwe1.-'er_. may appeal to the 4:]ffir:e of the President in
GR No. I.--4-l55?'E[, Ap.-u2I, I9391. el-rder to exhaust administrative remed'i8 prim' Ii ling to
the ['1]LlTL
PHi in mf- »\l*pr Fm MMMHP
Also, the Executive Secretary when acting 'Br
1. lr the rem are disapproved 'DT reprobated by die authority of the Prosldont" may rouorso the decision
President; o f another dopa ttmont s e c r e t a r y . [Larson-Magoltones
2. lr the President is required to eel in person by u. PrJHO, of. No. L-ZF8J'J', November 11154573.
law or bl.' the Constitution. e t executive
clemency I .al I II
]'!H}TE: It would appear though that dot:trlne of Pnwcr it' Gum:-ral Supervision
qua]1Eed p o l i t i c a l agency would not be applicable in
ar:13 ofeabinet secretaries done in their eapaelty as ex- The power of a superlnr afEaer to e nsure that Me laws
officio board directors of a coo: of which they are Eai1;hf1.Llll.r executed l:l1.r sutanrdlnates.
become a member not Br appointment of the
President but Br aLlthol'ity of law [Sea Trade and The power of Use President over LG1Js is only of
Investment Development Corporation of' the Fh1Hppine5 general supervision. Thus, he c a n only interfere in the
v. Monloiong -DemiglIfo, of Nos. 188613 a 18591 ]. affairs and a-l:t1vj1:les of a LEU 1r he finds that W i e l a t t e r
aeeed eunuary to ] a w .
Essence of lhEAlter Egg doctrine
The President DI' any of his alter egos cannot i n t e r f e r e
Since the President is a busy man, he is not expected in local affairs as long as the concerned LGU acts
to exercise the totality of his power of mntm] all t h e within the parameters of the law and Me 1:Ionstitl.Ltlon.
'l:il:ne. He is nut expected to exercise all his puwens in Any directive, therefore, be the President or any of his
person. He is expected in delegate some of Mem to alter egos seeking to alter the wisdom of a law-
men of his co-nfidenee, particularly to members of his conforming judgment on local affairs of a Lou is a
Eab1neL patent nullity, because lt violates the principle oflocol
autonomy, as well as die doctrine of seporotlon of
HUTE: Applying this duetrlne, the power of the powers of the efxeculitre and the le g is la d u e
President to red rganize the Natlelnai Gmrernntent may department in governing muolclpal corporations
be validly delegated m his Cabinet Members {Do'do{e U. EELS, on No. 1253511 December 3, 2Ell'82].
exerielsing mntrd] ever a particular exe1:ut:l1.re
department {DENR u. DENR Reylu-rr XII Empfql.=ees. ER. linntml be. Pil1pvrviiinn
Na. I49F'24,Augr.rs't 19. 2l5h':T3.}.
The doctrine of qualified political agent declares ine supervusur nr

t h a t . save in matters en which the WnWmdan or the superintendent
clrcumstanees require the President to set personally, An online: Ilii
inerely sees in lt
exxudve and admlnlstra1:i1.re MnMens are exemisM cnntrnl lay
that the run are
Mmu9 executive de partmen13 headed be eablnet down the rule
fllllnwed_ but be
secretaries, whose seE are presumwveiy d ' L e a r m o f in the dnlng u;
: m i l l day nut
Ll'Le President unless disapproved by 'Ll'Le Ianer. Them anal.
r dawn such
can be ne question that the act of the secretary is the
I
act of the President, unless rewdlamd by the latter.
[Hnndwm9Eumque! v. TailI 8e3 ufnmw EmM 8.8. Nu. .is m If the rules ar- The sII.LI:ler1.=isur
131293. Fehma9 21 2015; disfretian nur fnlluwnn, dues nut have the
o*f tl'n.= affi- II: 4:»fEI:c1' i.l1 d i x rc ti n n to
PDLITICAL LAW
c El' control may, in medlfyr DI' replace maintain law and order. It gives no new power to her,
his discretlun, them. If the rules our to the police. Certainly, it dues not aL1TJ:\n]'ize
order the act 3.l'*E "it observed, warrantless arrests or ennlrnl nfmedia. (David U. EM.4.
undone DT rehe may order the l'bfd.*]'. [2015 BAR]
done by ]'Lls 'll'll'lIll"]{ done or rr:-
gubgrdlnate DT
he may even
done but only to
EEI['lfl]l'IYI1 m the
II
»lll.5l.54{{{»l=l= If u:11qigli','1:1L_
L'Iee1de to do lt prescribed rules. Firnpp of Igor* Frr~'4irlpnt"i Fnnuuandrr-in~chirf

h11I19e]f {Dr1'[0r: v. .EJnr, Powers
5.11 .N-CL 1/2497,
.-1 I .4, 1554; Absolute authorlqr over Lhe persons and actions of the
members of the armed Eonzes. {Er.rl:!om' 'L-'. Servo, ER
NDTE: The power of supervision does not include the No. :rar65. Aug. IS, 2006;.
power of control, but the power of control necessarily
includes th e power of su'pe rl.rlslon. The President 33 Commander-in-[Il1iefeaJ1 prevent the
Army Genera] from appearing i n 3 Ieglslatlve
in1.re3tlg,a'l'h:l»n and, If disnl:l-e1.red. can subject him to
l».sl4»§l»H4-\\umL
r:n1.Lrt martial. {Gud'.1mi v. Sengu. ER. Na. 151116i
In times of war or other national emergency, the Ar.r,g'ust Ii 2086).
Congress may 'by law out:horime Lhe President, for a
limited period arid subject to such restrictions as it :!11:u:l:l
may prescribe, 111 exercise powers necessary and
proper to carry' out a declared national policy.-'_ Unless Eel] the armed forces to prevent DT suppress law]ess
sooner withdrawn Br resolution of the Congress, such vinleJll:e. imrasinn, nr rebellion. The nnljr erlleri-nn fur
powers shall cease upon its next adioIL1rnrnenL the exercise aft.hls power is Mal whenever it becomes
[Eonslitu son, are 14 Sec. 23 {2."}j. necessary.
llnnrliI'in~l11 fm? tllp vp'»=tIlrf nfrmfrgfnn* nnwvri in The Cunslimtlnn does not require Me Presldenl to
mf- Frriid puf declare a state l:f 1'el:le]]ll::n to exercise her ealllng out
l:»4:lwet'. Sec. 18, ALL 'JII gran13 the PresidenL as
1. Theme must be war or national emergency; Commander-in-Chief 3 'sequen-ne" of "graduated
z. The delega1:lc=n must be for a limited period l:n:lwers.' fianfakas u. Exec. Sea, ER. Ha. 1.59EJB5.
only; February 3, 20041. '[2l:ll15 BAR]
3. The delegation must be subject to such
restrictions as the Congress may prescribe; and rallm-1 nut prrwpl" on-ri in* lltpfl Gl:\m=;rpi11nl1al
4. The emergency powers must be exercised to Ellillllllrililt
carry outer national policy declared by Congress.
There is HD need for edngressidnal authority m
ND'l'E: Conferment of emergency p-nwers in the exercise the calling but power of the President since
President is nut mandate my un 1119 Enngness. calling out of the armed Eunzes to prevent Ur suppress
lawless vldienee is 3 power that the Ennstitutldn
In times of national eniergencgr, when the public direetlyr vests i11 the President. As in the ease where
interest so requires, the 5ta1:e may, during the the President did nut prdeiairn a national elnergeney
emergency and under neasbnable terms prescribed by but dnlj' a state of elnergenq,-' in 3 places in Mindanao
lt, temporarily take El'l.I"ET -br direct the eperalibn of any and she did net set pursuant to any law enacted Br
privately-bwned public utility Br business affected [Lnngress that authdriz-ed her to enendse
wid: public inleDesL [EclnslilJutibn, A.1'L 'II"ll, Sec. 1'?} extl'adrdinar.[l.r powers. [Ampdtuan v. Han. Pure. an
Ne. I5IET255l.j'une 320/ I)
while the President alone can declare 3 slate of
national emergency, he may not invoke his provision
to authorize him during the emergency "m
temporarily take over or direct the operation of any
p1i1.ratell.r owned utility or business affected with
public interest without authority fmnl Congress.-
without legislation, he has no power to take over NDTE: What is permitted to be suspen-lled by the
President is not the writ ii3elfl:lul jE privilege.
privately-owned public utility or business affected
with public interest In short, the President bas [ID
absolute authority to acercise all the powers of the
State under 5ect:lon 1'i". Article lull in the absence of an
emergency powers act passed by Congress" [Do uid' in. An order from the court | That l:"l:'rtid]1 of the
EMC as. No. L71409, Moy 3, zoos; eummanding a detaining | writ requiring the
officer to inform the detaining nEt`1|:ertu
Hers; The deelaralinn of 3 state of emergent is court if he has the person | show cause why he
merely 3 descriplinn of 3 sltuali-nn whirl aulhuriznes in eustady, and what his | should nut he tesneii
her to call nut the Armed Fences to help Lhe pnliee basis is in detaining that
89
person. liuidvlinta in My rlpcl==I ration of fu¢u'ti==Il l==I w
[]R~PS-BD--IH-jl:+in'I;l}f-3l]]
Rp¢1ui-zitri for r11p 'iI11upl11inl1 ui *hr privilpo.r of 1. There must bean Invasion or Rebellion, and
flu' writ nib-1I1»*n¢ rnrplvr Public Safety requires the proclamation of
martial law all ever the Philipplnes DT any part
1. There m1.L:t be an invaslnn Ur rebellion; and thereoti
2. Public safely requires the suspenslnn 3. Duration: our more than El] days following
which lr shall be automatlcalljr lifted unless
r44JTE= The lnvaslnn and rebelllnn must be ecru-ui and extended by Congress
11:51 merely lnlmincnt
4. Duty of the President to report to Congiws:
wilLhin 48 hours personally or in writing.
Limitadnns an die suspnnsian of Me privilege of
writ nfhnbfas carpus 5. Authority oJI'£'on,l.;IIr8s to njjlirm or re1."okc or l:1i'i'ow
the [op-se or extend' the ejffectiufty of
1. Applies duly to persons judicially diarged for proclamation: by malorltJ.r vote of all 1t3
rebelllnn 'DT offenses inherent in nr directly members voting iointlgf.
connected with lnLr.l:rsalan; and 6. fudiciof Rsiricw -crpplicotllon: The present
2. An1.r-une arrested 'DT detained during suspension constitlLtion recognizes 1:he aut.horitg.r of citizens
must be changed within 3 days. Dtheru.rise. he to q1.Lestlo:l1 the factual basis for the declaration
should be released. of martial law, vesting the so with the au1;hnrit'j.-'
to decide on the case within 31] days of HE n 1izrlg;
Rnlr ui the* iup1"pm¢~ Iinurt in pwirw in the {=u"m=11
bases 01 Lhc- prnmulgaliun of the sllsuerlsinn UNM NDTE: Uncle revoked by Enngness, the President
cannot set aside the TEUDEHHDD.
n1"i\tilpfp f1f tl1 p writ of £1"I¢\»°n"i -"nrrllli
Although the Constitution resertres to the Supremo 1 inliw "no in tlw "1r t1=v"¢l1'i in of marri al l a w
Court the power to nevlew the suMclency of Me
factual basis of Wie proclamation or suspension in a 1. I t d u e s nut suspend the upera1:1nn -of the
proper suit, it is implicit that the Court must allow Cunsliuiliun;
Congress to exercise in own review powers, which is 3. I t does nut §l4JF:l[1I1t the Elzncljaning of the -civil
autonlat:Ic rather than initiated. Clnl!." when Congress 1:::II.Lrts nr legislative assenibdies,
deFault in us express duty to defend the Constil:LLtlon 3. It dues not aulhurlze ennferment of jurisdieizlan
t.llmug]'l sudi review should the Supnerne Court step over clirllians where el1.rll r:nn.1rts are able to
in as its l'lnal rampart. The constitutional validity of |.I:l.lI!Cti.D]"|.,1
the PresidentS proclamation of martial law or
suspension of' the writ of Nobeas coqous is first a NDTE: Elvllians cannot be tried by m1LI.l3ry
political question in ILhe hands of Congress before lt 1:::II.Lrts if the r:11.rll courts are open and
becomes a 1ustlclable one in the hands of the Court; functioning, {Dim Court D1m':Lrine} {Dfu.;l'uer v.
[Fortun U. GM., is. No. I902 is, March 20, 21112; Mifimw Cnmmlsslan Hn. 34, an No. L-54558.
May ZZ, 19391.
President may prudaim Martini' Law over the
entire Philippines DI' any part thnr'eu,E 4. It dues not autnmatleallgr suspend the privilege
of the will -of habeas :carpus {/98? Cnnstimtinrq,
Nature up martial law .-iiI I-".H',..Sle-E. re (FH-
5. The right m bail shall not be impaired even
Martial law is a jmm pnwal of the President and the when the prhdlege of the will of habeas enrpus
El:m.gress. Thus: [E1]-4-B-24-in1nt1]r] is suspended. [198? Ennstitutinn, Arr. HL See 13]
1. The President's proclamation DT suspension is NUTE: When martial law is declared, no new powers
telnpora lrI.r, good for only El] da].rs; are given to the President, no extension of a:rl:l-lt1rarl,r
2. He must, within -IB I1-ours of the pnociamatlon authority is recognized; no elvll rights of individuals
or suspension, report 011 the mason for his are suspended. The relation of the r:itis:ens m their
anon in person or in wrldng to Congress; Etate is unchanged. The Supreme Court cannot rule
3. Both houses of Congress, if not in session must upon the r:orrel:1:rless of the Presldent's aetlons but
jointly convene winn 24 hours of the only upon its arhitrarinesn
proclamation or smpen9on for the purpose of
muieWng llsva]1diw; and Ways to lift the pmclamaiiun ufmartial law
4. The Congress, voOng joindy. may m or
omrm the Pmsidenfs procialnatlon or 1. Lifting by Lhe President hlmse] r
suspension, allow their limited effecumw to 2. Revncad-an by Congress
lapse, or extend the same if Confess deems
3. Nullificaliun by the so
warranted.
4. By operation -flaw after an days
202 1 EDLDEN NIJTES 7l]
PDLITICAL LAW
Q: [n light of recent attacks in Marawi Eitjr Br the [Lonstillltlon, the Congress is only required to vote
Hamm group and otlter terrorist organizations, iolndy to revoke the Pt*esldent's proclamation of
President Duterte declared a state of martial law martial law and for suspension of Me privilege of the
and suspended line privilege of Me writ of habeas writ of habeas corpus. If Congress does not want to
corpus in the whole of Mindanao, invoking as revoke or lift the declaration of martial law, then there
factual basis a 'written import p-ointiog out that for Is no need for them to meet in iolnt session It is
decades, Mindanao has been plagued wirlt worthy to stress that the 'provision does not actually
rebellion and lawless violence which only refer to a "joint session." The requirement of voting
escalated and worsened with die passing of time iolndj.-' explicitly applies only to the sltuation when the
and the strategic location of' Harawi City and its [Longress revokes the Presldent's pnoclamatzlon of
crucial role in Mindanao and the Philippines as a martial law. fauurnn up £'on,l.;lv'8s, ER. No. 23'16:FI. July
whole. [s the Iactuai basis for Ute proclamation 25, 201:51
enough, and dlerefoce constitutional ?
Rule ul' Lhe Euprcm-l.\ Erfurt in inquiring into the
A; TEE. The President deduced lirom the Eacls factual bases o f t h e Prcsidcnfs dnbclaratinn
available to him that there was an armed public Martial Law
uprising, the culpable purpose of which was to
["!E]TlD'l.l!E from the allegiance to the Philippine The power of the Court to review the sufficiency of the
Government a portion of its territory and to deprive factual basis under Sec IB, Art 'FII of the Constitution
the chief Executive of any of' bls powers and is independent of the actions taken by Congress. The
prerogative, leading the President to be]1e1.re Lhat Eourt can simultaneotlsly' exercise us power of review
there was probable cause that the crime of rebellion with, and independently from the power to revoke be
was and is being committed and that public safety Eongress. Corollary, any perceived inaction or default
requires the imposition of martial law and suspension on d'Le part of Gongress does not deprive or deny the
ofbl'Le privilege of t.l'Le writ ofhaheas corpus. Court its rover T11 review.
Section 18, Article Tm of Me Constitution itself sets

the parameters for determining the s1.LMcienc3-' of the
factual basis fer the declaration of martial law and,r'or CaLu't ma;-' strike down Ingress may revoke the
the suspension of the privilege of the writ of habeas the pmsidenOal pruelamatiunfsuspensuan,
corpus, namely [1] actual invasion or rebellion, and proclamation in 311 which revocation shall nat
[2] public safety requires the exercise of suck power. apppgprjate proceeding be set aside by the
Without Me concurrence of the two conditions, the tiled by any citizen on President.
President's declaration of martial law andlror the ground of lack of
suspension of tbe privilege of the writ of habeas sufficient factual basis.
corpus must be struck down. Court considers only the May bake into
information and data :anslderalinn not AMy
A rerlew of the aforesaid facts similarly leads the available to the data available prlnr to, but
Court to conclude that the President, in issuing President prldr to or at like'nrls)e event;
Proclamation Ho. 216, had suMcient factual bases the tlme of' the supervc]ilng tl'lL*
tending m shew that actual rebelllon eadsts The declaration; i t i s not declaration.
President's conclusion, that there was a11 armed allowed to undertake an
public uprising the culpable purpose oFwhlch was the independent
renlo'ual from the allegiance of the Philippine in1.restig,atlon beyond the
Government a portion pf its terrltorj'r and the pleadings.
deprivation at the President h'om performing his Duns not look i11ll:: 1111 Could preble deeper and
powers and prerogatives, was reached after a tactical atssulule mrrecmess of further; lr can delve bantu
consideration of the facts. In Eno, the Prescldcnt the factual Maia the aeeuraq,-' of the fael3
sat:lsfactorll5r discharged his burden of proof. Alter alL presented before it
what the President needs to saltlsfy is only the RE-view pcuwcr is passlvn Revlnua' 1nL=l:ha11lsn1 is
standard of probable cause for a valid declaration of - only illlliated by the a1.Lll::n1atlc in Lhe sense
martial law and suspension of the privilege of the writ Blind of 3 pctltinn "in an Iiiat II n1.a},-' be ar:ti1.rated by
of habeas corpus {ALl:l,glImon 1.-'_ II-fadloldeo, is. Nfl. 3.PI}['*1]PT13tE p-rn1:leedlng" Ingress lLselE at any tlmc
23/658, My 4. 201 To. by a dtlzen . after the proclamation of
suspmisian was made.
Q: Dues Congress have the mandatory duty' to
convene and meet in joint session upon Me Pnwplr of [l1udi*:'i=d Rrvivw 'ui"=-*1-W: Military Puwwi
Presidents proclamation of martial law or the nflhf* Frplirlpnt
suspension it' the privilege of the writ of habeas
curplls? The power of iudida] nevlew dues Nat extend la
l:alillratlng the Presidents declsinn pertaining to
A: HD. Eungresx is not cunstitutlnnally mandated to which emrtranrdinarj.-' power in avail even a set it' Earns
convene in inint session except to vote Jnln11],r to DI' 1:l::nd11:l1:l-ns.
rein be the Presldent's declaratlnn or suspensi-nn. By
the ]an.guage of Article VII, Section 1E of the 1'EI'8'?
71
territorial coverage or application of ML DT the
suspension of the privilege of the writ of HE. There is
no constitutional edict that ML should be eonhned
Charac- Must Involve I]W'DI'l.l!E -onlyin the parijeuiar place where 1:he armed public
[E T benlgliand €l..ll'l:EI.lllllElfl[ l:u1'tai]ment uprising actually transpired. The Presldem's duty to
Imrulves and and maintain peaeie and p1.Ll:l]le safety is not limited only to
urdlnargr suppbess- suppre- the place where Ulere is ae't1.Lal rebellion, it extends to
police lml of l:i1.-'il sslun of other areas where the present hostilities are in danger
El.CI1DTl rig]'LT_9 and url] rlghw of spilling over.
i ndi vi dual and
h'eednm lndi'urjdu.a] l.il11ir=ui nm; in tlw Hilimw P*:1wpr1;
frecduni
1. He may :all out the armed forces when it
When 'll'l.lhene1.rer 'Mr when l l nl y when becomes necessary m prevent DT SIIPPIWESS
may the it becomes :here is Llaere ls lawless violence, in version or rebellion only.
Presider necessary actual actual 2. The grounds for the suspension of the prlyllege
r TE5#1I1T m pnevenl i]W'E31DTII., ln1.fas10n, of the writ of NoN-eos corpus and the
m this DT rebellion, rebellion, ppoclamatjon of martin] law are ['l[l'W' limited
Pll'W'EI'? suppress and publ i c and publ i c only to im-'oslon or rebellion, when the public
lawless safety safety safety peq ulises it;
1.-'ia-lense, re q u l m s l t . rcqulves IL 3. The duration of such suspension or
lnvaslun, ppoclan1at:lon shall not exceed so days, following
DT which it shall be automatically lifted.
rel:le]]lrJJL 4. 'Wlthln 48 hours after such suspension pr
pmclamatzlon, the Presldenl shall personally or
Limi- President Tin . Tim: in writing report his action to the Congress If
tation must aft limit of El] Lmlt of 'El nm in session, Congress must convene within 24
'Mlhln days; : IFS; hours without need of a call.
permissi- 5. The Congrless may then, by o m.ojoHt.y vote ofa!!
ble 2. Review R ev] ew HE members' voting jointly, revoke his action.
ennstltuliu and - :md 15. The ret-'deaddn may not be set aside Br the
-na pm51he pasdble President
bnunda- reuracalinn I'[!'lilCICEI."III.'l]D T. By the same irate and in Me same manner, the
ries nr in a I.-If Congress may, up-nn initiative of the President,
Ba*
manner C-nngress; .ungneszsq extend his suspenszidn or prdelamatidn Eur a
not Review and .Lwiew ami perle to be determined by the -Ingress if the
eonsdtulin p-nssible possible invasion DI' rebellion shall ed-nt:lnILLe and the
Julliica- nullifica- pub lie saFetjl.r req uires the este nsid n.
g grave
abuse 4Jf d u n 'b y t h e tlcm by th: 8. The aetidn of the President and the Ingress
discretion. fill H: shall be subset to netriew by the Supreme Edurt
wlliell shall have tlle audmrlty to determine tlle
Hut sudielenqr of the factual basis of sur:i'L aetidn.
generally, This matter is no Idler ednsidened a pdlltleal
pnesldent question and may be raised in an apprd-priate
has full prdeeedirig by any citizen. lvldremrer, the
discretion Supreme Erfurt must deelde the challenge
within 38 days from the t:lme it is filed.
'.l'E5_
Subj-ect
m
A c t ua l us !
in which Limited m
YES.
Limited m
-=l:~»!1=ullul\\'l=lli=l.EI=l..'I'»\l_
iudil:i.aI Pr esl denl the the
riwi-r'ln** puns the deter ml na- d e te r m i n a - An acl of grace, which exempts the individual an
arlned tiun of tion al whom it is bestowed from punishment, which the law
Earned -H'l1£t]'Let' .liether lntllcts for a cJ'ilne he has c o m m i t t e d . As a
NDT due LLle
co-ns»equenoe. pardon granted a.fter eon1.-'iction frees
suhl ect 111 President President
the ind11.rld1.lal from all the penalties and ]eg,a]
1LLdlr:ial had : ad disal:lllltles and restores him to al] his l:11.rlI right. But
review §l.1mciETllt efficient unless expressly grounded on the person's lnnocenoe
faL'1JLLal f31:l1la l [which is rare), it cannot bring back lost reputation
basis. ba s i s .
for honester, lntegl'iq,-' and fair dealing. [Monsanto u.
Factorori, ER. Ho. F8239, Feb. 9, I989]
Tnrrimlial Envcragc of HL Ur the: Susuensian of
flw Fl'i\'illl!¥' afro writ of l-[r
The 198'? [Il:lns1:i1:l.Llinn gran13 to the Presldent, as Purpose of up rdno

Commander-in- E]'LieL the dlscrednn to determine Me
PDLITICAL LAW
Ta relieve the harshness it' the Law or curnectlng h. partial pardon- Dues nut ex1:lngulsh all the
mistakes in the administration of iustlce. The power penalties; l:la1'lia]]3-' ertlngulshes criminal liability;
of executive clemency is a Nan-delegable power and IS:-re: RPC, Ar-'L 5413.
must be exercised by the President personally.
NDTE: A Judicial prunduneement that a eunmrlet who
NDTE: As an exel:utl1.re function, the grant ofdemeney was granted a pardon subject ld the condition that he
is dimrWonary. and may not be controlled be the should nut again ululale any penal law is nut
legislature as to limit the effects of the Presidents neeessaryr before he can be declared to have violated
pardon, or to exclude from i13 scope any class of the edndzitian of her pavddn Worry v. Eunzaleq, ER
offenders. Also, the Court; 1na1.r not inquire into the ND. L-?t58?2, July 23, 1.5r8?j.
wisdom or reasonableness of any pardon granted by
the President or have it reversed, save only when it Efli*c'r¢ of th1' reran nfwwflnn
l:ontra1.-'enes HE limitations. It Includes cases involving
OoOh erl ulna] and ad ml nlsttatisne eases. 1. Frees the irldhrldual From al] the penalties and
Jegal disabilities Impf bed ul:l0n him by the
limitarinm am rhf- F'rr'=air1I'1'1t"-z Fardnninp. Pilwl'r"= sentence, and
[CAN-F, CANNOT-ELIEP] [2015 814-Rl
HCITE: RPC. Article 36. Pardon; ill Eff-ECI: A
1. Can be granted anlyr after L'unviL'tJI-on by Final
pavdcm shall in no case efxrnlpt the lr.1.Llprll from
iudglneznt Lhe payment of the 1:l'.f1l indemnity
IPM Amnesty
2. Cannot be granted in cases of l:ivjI DT legislative z. Restores m him all his 1:11.rjl and l:"0lit:l1:al rights.
Dontemp-t
3. Cannot absolve eonvlet oFEi'iri1 Liability. IIIGTE: A lpardnn does not autamadeally restore
Lhe right to hold public nfflce. ar the right of
4. Cannot be ,granted in cases of Impeachment suffrage. Such rlgh13 must be expressly nestnred
1_/98F Eonstftu son, Art WL Sec. 191
bar ILhe terms of the pat*dl::11. [Art 36, HPC]
5. Cannot be granted for violations of election
laws without favorable rer:omnrendarllons' o,I" the ripri nl1'w[thp r'amfiI"t wl\pn grant-'rl p=u'l:lrm
EDMELEE.
Rot!-o; The ::OMELEC is an independent body. 1. Conditional Pardon- The offender has 'ljle right
la reject it since he may feel that Me c::111dlliel11
IS. Cannot restore Public ufticns fnrinitcd. imposed is more remus than the penalty
sought m he remitted.
Ki11-:l=a411 pardnu
2. Absolute Pnrdnn- The offender has nn npdnn
As m presence nfcnndltfnn; at all and must accept it whether he Ilkes it DI'
l1DT.
Absolute pardnn- Glue extended wlthaut any
cnndlti-dns, totally extinguishes criminal liability MUTE: 111 this sense, an absolute pardon is similar in
(See RP1EZ Art 39943). cnmmumOnn. which is aUsu not sublen to HCEEPWH
b. Ecmditinnal pnrdnn - Cine under which the by the oEendcr.
cumrict is required to comply wit:h certain
TE[l!.Lil'E'ITL'ETll3. Pardon dans nut ipso ,fund restart: farmer QFEUE
and his rights and privileges
Q: Mateo was oonvieted of Homicide but was later
DD granted conditional pardon by the president. Pardon does not ipso tacos restore a oonWcted Eelml
When Mateo was filling up his personal data sheet neither to his former public of floe our to his rights and
for enlp.lo]rnlent in public office, he did not prhdleges, which were necessarily relinquished or
disclose the existence of a prior criminal forfeited by reason of the oonvictlon although such
comrictioo for homicide. Eau Mateo be employed pardon undoubtedly restores his eligibility to that
as a public employee? off]-oe [Monsanto 1-' Foctormq, ER. i'1'o_ ?8239, Februoljr
s, 19891.
A; NIL The pardon granted to Mateo is one of
Eundltinnal Par un, the pardon did nal expressly The pardoning power of the President cannot be
remit Me aecesaurjr penalty of Hemlcide which is limited by ]egis]at:l1.Ie anon. It is a presidential
perpema] absolute dis=quallE11:a1:ian from haldlng prer'o,;IIatalve, which may :mt be interfered wilt by
public nfflee or eml:lla1.rme]1t (Mateo v. Executive Congress or the Gourt, except when it exceeds me
Ser:retarj.-', 5.5-_ No. I?F8:F.5, Aug 8. 2m6). limits provided 12-if the Constitution. Articies 36 and 41
of the RPC should thus be construed in a way that will
As no e.t}'e:t; glare h.LII effect to the efxecLLti'u'e clemenqr instead of
indulging in an overly strict interpretation that may
PIer or.l-r pardon- Ertlnguishes al] the penalties serve to lntpair or diminish the import of the pardon
imposed upon the offender, including aocesoury which emanated fnoin the Gfdce of the President, and
disabilities
73
duly signed by the ChlefExe1:utlve herselti fmxng-vida: penitent quaI1Eed offender, who dues nut passes the
v. Esrmda, GR. Na. 206666, .lnnumj-' 21, 28151 disqua]iE1:ad0ns under P.D. No. 968, as amended.
Likewise, the Prnbalian law is nut a penal law for it to
be liberally e-n-nsl:l'1.Led lu favor the abused. {.F-fnrutmm
u. Penpfe. ER. Nu. 206513, Seminar 242815]
1J88l1li2I11
Probation vs_ Pardon
The postponement of sentence to a date eertaln or
gray of exeeuljnn.
]udluial m naLLul: Exl:cLLtl1:c .in
HBTE: It may be hardened to enable the government to _Hgre re nature
secure additl-una] evidence to aneertain the guilt of the be granted Requires
mnviel Ur, in the ease of the execution of the death I-'Phan after actual izunvictlan by Tina]
sentence upon a pregnant woman, 111 prevent the n p p fim SE'["'lll'lEE .of. Iudgmenl
kllNng of her unborn ehi]c1.
.ME scntrrncn
Z. Enmml Irate
i83rnm
The reduction nr mltigatinn of the penalty, from death
penalty m llFe imprlsnnment, remittances and Enes The sILI3pensll::n of the sentence of 3 cnnvjct granted
Enmmutatlnn is a pardon in farm but not in by 3 Part::l]e Brand after serudng the minimum term of
sol:lstanoe. because lt dues not al'Tel:t his guilt; II the indeterminate sentence penalty, without granting
rnerlelyr redurles the pena]t'y far reasons of publjr: a pardon, pnesrribing the terms upon which the
interest raper than for the sale benefit of the sentence shall be suspended.
offender.
Parnlc us. Pardon
Here; Edmmutatlem dues not have to b e i n a n y
par titular farm. Thus, the fact that a cdnvlct was
released after 5 years and placed under house arrest,
which is not a penalt§l.r. already leads in the ednelusltm Release
that the penalty has been shortened. C`Dll'llI'1CI: tum
judicial power to pass upon the validity al' the

actlnns of the President in granting ex-ncutivn
El-2IElEll£II»i his liberty
'What it is deciding is whether or not the President has
the power to commute the penalty of the said clerk of h mstad y o f
court; As stated in Daze '|.". Sing son (ER. No. 86344, the law but [ID
December 21, 19859, it is within Lhe scope of indicia] ]1]lflgE'l' under
power to pass upon die validity of the acljoos of Natu re confinement
Me otlier department; of the Government.
3. Remission uflines and fnrfcitures
Merely pmuenu the :alle-l:tl::]1 of fines Ur the B. hmocsw

eunfiseatian of Ell:l1'felled prlcl-pertj,f. It cannot ha1.-'e the
el'Tel:t of returning praperqf which has been vested in The grant of genera] pardon to a class of political
third parties DT money already in the puhllr: treasury. offenders either after conviction or even before the
charges is filed. It is the form of enemdve denney
HUTE: The power of the President to remit fines and which under the -Constitution may be granted by the
forfeitures may nut be limited be any set of Congress President only with the eoncurre nce of the legislature.
But 3 statute may validly authorize other uffleers,
such as department heads DT bureau chiefs, m remit Requisites D'fElII'll'.lE§'l"qF
administrative fines and fdrfeltures.
I. Enncurrenoe of 3 majority of at] tTle members of
4. Probation Congress use? £'nrrstlltutinn, Art WL Ser. IS);
and
A disposition under which a defendant after 3. A previous admisslrm of g"l11t [I-'em 1.-L F'eapl'r;*,
conviction and $»E]1l'ETllCE is released subject to GR Na L-18184. January 31, 19681
conditions imposed by the court and to die
supervision of a probation officer. EHPPN of rllf Era nr of ==lmnlp'»rnr
HUTE: It is nota right granted la a convicted offender; The total exlinguishnmnl of Wie criminal ]1abi]1tjlr and
it is a special privilege granted by the Slate to 3 of the l:»ena]t'j." and al] i13 effects. AJnnest}." reaches back
34-
202 1 EDLDEN NIJTES
PDLITICAL LAW
to the past and erases whatever shade of guilt them NDTE:

was. In Wie eyes of the law, a person granted anlnestj,-r
is eansldered a new-barn ehjld. Hieapla u. Putrinrea,
as Hn. 1 3 5 4 i September ZR, 2088]
Pardons
NIJTE: However, amnesty does not excuse the Reprieves
Cnnvfrlinn hyjnui
accused from paying the elvi! indemnity. It subsists Enmmutatinnns judgment
nutwllhstanding service l::t'se11teJ1r:e. DT Eur any reason
the semen-ee is nut served by pardon, amnesty." Ur Rcmissinn it' Fines
enmmulatlml of sentence. [Monsanto U. Fmctnrnn, ER. and Forfeiture-5
Hn. 93239, Fehmsfjr 9, I985] Eanrurrence as' Congress
Amnesty
Amllcstllr vs. Parduo
.I'l.d d rnsscd .I. Addr nsscd 'inunfri of nv- PH'1iflpf1f MWH mail" fvnwfr'-2
Nature as'
PD]:i'[lE3l D r d i nary offenses
me njfensrr 1. The Ennstlludon
offenses
f .| lll-.Ll IO .| Granted to 2. The status l::fsl:l1.rereig:l'1ly and independence
.43 m I. 8-Iss nr individuals
wh-nm .I!'l'SIII:l'l§ Fir'nllp of the fnrvirzn wlaliuna pnwprl of the
g ru n t: Euxsidnm; '[N-ARC-I] P-Rem]
d
Rcqui]'cs Docs nat rc\cl1.1L; I. 1. Hegodate treaties and other i11te1'11ational
:Li m F' j ncurre nce a i concurrence cl-i agl*eemen13. However, such 1II'EEll'],I' OF
concur ;l1aJ1:1riq." of al] Congress international agreement requires the
]"€'l'l\CIE
me be rs it' concurrence of the Senate, l'.4.rL VOL See 21]
of Cl:m9'ess which mayopt to do the following:
Eongre
is
El- Approve with 2,33 majority;
PubIs: a Private SEI.: which
b. Disapprove outright: DT
.fbidl the must he pleaded
Nature E. Approve l:onditlonallj.r. ai m suggested
Jun m a y t a ke and prm-'ed
of the amendments which if re-negotlated and t h e
iLLdlcial notice
III-EE Sellate's suggestions are incorporated, the
of
meaty will go into eITer:t without need of
Link x Looks forward fur then Senate approval.
backward and and r e lie ve s the
l'l us to n hhv103 ; o Kinder of the HDTE: Executive agreement, however, do nut
':1eul'fen$! consequence of require Ieglslatlve incurrence. (MUM Muns u.
so: m .iself. I I I ! offense
Rom r.r!a., ER. Ha. 1556/8, Fehruarj." I. 2811] -[2015
perspe '.fM.r.lds before .lbnlfshaj
EAR]
:time -je .law as if forgives the
uaerzlsnn u,ITI=:nsej
An exer:utl'.re agreement is 3 "treaty-f' within the
atfense meaning of that wand in international law and
II Ed] constitutes enforceable domestic law [Nicolas u.
-. 143 it' Ill.: grant;-d Rom uio, on No. 19533.81 Februnrj.-' 11, 2089).
When ;.rared before Ter culwicdan
.grants r allater or final judgment Requisites of Emeculzive Agrftmc-nt [under
d Jnudctinn "r'jr;nna Cunvcn s o n ) :
.l»L'°l m Gan mr ivjust be accepted a. The agreement must be between S131ZES;

usurp! it! b. It must be written; and
once accepted E. It must be governed by lnternatlnnal law
[China National' Machinery and Er.]ulpment
NDTE: The right to the beneficE of amnesty, once Earpnrnnbazl u. So. Huaiu, ER. Na 185592,
established *Jr the evldenoe presented either by the Febmnrj-' T. 2l[J'I2j.
complainant or prljggl:lltl.gljl11 DT bl.* the defense, cannot
Hence, lr is wtthln the auth-l:lriq.r of the President
be waived, because it is of public interest that a
person who is regarded by the Amnesqf Peoelamadon to refuse to submit 3 treaty in the Senate nr ,
which has the ,lonee ofo row, not -on]1.r as innocent, fur haurlng secured Hs unsent for lM ra1:ifieadnn,
he stands in the eyes of the law as if he had never refuse to ratify LL Although We refusal of a slate
eomn'Lltted any punishable offense. {8ornloquanl'o lr. to ratify a meaty which has been signed in its
Fernandez, on Ho. L-129.3 fonuory 21, 19493 behalf is a serious step that should nut be taken
lightly, sudh deelsinn is within the cnmpetenee of
75
the President alone. l"FImenteJ' H. Eltec. Sen, ER. NUTE: Congress may not increase the appropriations
ND. 158088.j'uf_}I' 6, 2085] necomrnended by the President for the o-peratlon of
the Government as speeitied in the budget t o o ?
2. App-dint ambassadors, other public ministers, Con-s0tunon. Arr. I-"L Ser; 25 fig.
_'llINI7»C*ilNlI'Jlll£g:l?L'_
and consuls.
3. Receive ambassadors and other public ministers
accredited to the Philippines
4. Edntract and guarantee foreign loans on behalf-df Et]lgress can delegate the following powers to the
RP {J'S'B':? Constitution. Art I-W, _'Isa Z-LU. [1994-, President
1999 BAR]
1. Tariff Fnwprl
5. Depart aliens -
The Congress may by law audtnrizae the President to
EI. This power is vested in the President by Ex within speetlhed limits, and subject to such
'Virtue of his office, subject only to llmltatlnns and res1:l'1-l:1:1ans 33 it may impose, tariff
restrictions as may be provided by rates, lmpurt and expert qunlas, tonnage and
legislation as regards m the grounds for wharfage dues, and nliler duties nr imps-sts, within
deportation [ReviSed .d.dmirristratiue Cod'-e, the liramewnrk of the natimial development program
Sec. ESU. -of the Gn1.rernnleJ1L 1198? E'nnstltun4:rn, Art W, Sec. 28
In the absence of any legislative restrlcdon r'2}/
to authority, the President may so]] exercise
this power. Reason: The necessity, nut to say expedlenq,-', it
gvlng the ehlef ateeutlnre the a1.LM1I:lr1t§.r to act
The power to deport aliens is limited Br the lmmed lately.-' D11certain matters affecting the natlana]
requirements of due process, which entities eennnmy lest delay resu]t in handshlp to the people.
the alien to a Eull and fait' hearing.
3. Empr11tru"¢' Pnwvw
MUTE: E1.Lmmar.'l'r deportation shall be
observed in cases where the charge against
In times of war or other natlona] emergency, the
the Allen is ouerslaying at expiration of his
Eongless ma_=,r. by law, authorize the President, for a
passport (Board of Commissioners v. farms
limited period and subject m such restrictions as it
Kern Pork, as Ha 159835, January 21, may poescrlbe, to exercise powers necessary and
2a10;
proper to carry out a declared national policy. Unless
sooner wiUldram by resolution of the Congress, such
d. An Allen has the right to apply for bail
powers shall cease upon the next adjournment
prm.-'lded certain standard for the grant is thereof. H98? Constitutl-on, Art 1-"L Sec 23 ( b y
necessarily met {Gnvemm-ent nlfifnng Kang |.-_
'
Dlnlid, no..|I|||',|g. 1538 FE, April 19, 280171.
Reason: Theme may be deeasidns wherein the
President would be in a better pusltinn to respond in
HIIITE: The adiudieation of Facts upon which
a timely manner to emergeneles and fast dhanglng
the deportation is pnedlealed devo]ve¢1 on
developments that are eritleal to the welfare, safety,
the Pnesident whose decision is Hna] and
or security of the nation. Subset to restrletiuns
exe1:utor],f [Tun Tong u. Depurcation 80l:1ro'.
prescribed bar Congress.
GR. No. L-Fsaug Ap.-ass, /958
6. De-clde that a diplomatic mufti-ner who has become

_l'll=111M II=ll=luii=lrL_
Pvrsunu ingram be recalled. Those 'unstated powers" of the Presldent which are
implicit in and correlative to the paramount duty
T. Rf'E4:lglllzE gCIIIII'ET]1l11ETI.l3 and withdraw residing in that -l:1fEce to safeguard and protect general
rg-tlgEI]jtll5]1. we] fare. (EU. Hn. 292 - Adm.fn8'Im Live Eode of 1589;
GR: Exlsm nnlyr when Mere are plainly ambiguous

mtements in the Ennstimliun
The President shall submit to Wie -Congress within 30 "Although the 19E'J" -Eonslitutlon imposes limitations
days h'nm the 4:l-penlng of every regular sessl:m. as the an the exercise of specific powers of the Preside no, it
basis of Me genera] apprnprlaNons t:i]L a budget of maintains intact with what is tradltionalljr considered
expenditures and suunzes of Hnanelng, ne] udlng as 'iidthln the scope of 'execut:l1.re power.' Corollarlly,
receipts from existing and pmpesed revenue the powers of the President cannot be sale to be
measures. [/98? Constitution; Art VOL See 22) limited only to the sped tic powers enumerated in 'Lhe
Eonstltutlon. In other words, executive power is more
Reason: The Presldenl is in the best p-osllion to than the sum of sped tic powers so enumerated."
determine the needs of the government and propose [Honoos v. Mongiopus, ER No. 88211, Dctotier 2:8
the corresponding appmpriadons therefor on the 1989]
basis of eadstlng or expected sources of revenue.
PDLITICAL LAW
In case £II: [ E P M I
The President may disapprove or veto a measure 3. Death; The 'nun President shall
upon any ground suftielent for him. as where he b. PL\rmane11l D1sabiIit'j,-'; bennie the President to
considers it unconstitutional or merely ineffieadous r:. Removal from -refEn:; serve d:reunex.ml.red' term .
or unvidse. In every case, he should, in returning the GI'
measure to the House of origin, indicate his ohjeetlons d. Resigjlatlun of the
thereto in what is known as a 'veto message' so that President
the same can be studied be the members for possible
overriding of his veto. Two-thirds of each House wil] In case of :
a Death; [no Senate Pi=\£sil:il:nt.
he suMeient to invalidate the veto and convert the hill
b. Pn.rmanenlflisabilitg,-'; Ur In case of his fraa£llftl];.
into law over the Presldent's -ohjeetlons.
r:. Removal from -refEn:; do! .Spa :Her lllf tb: I-[ll:rR,
-DI' shall ..1..L as Presldmlt
GR: The President must approve entirely it'
d. Rcs18:l1atll:l11 of bum until the President nr 1-44:'+:'
disapprove In mm.
the President and the FT-e5ida'l1r SHUI! now Hal.
Ulcer-President efeftaf and qnuH,l*'Iad
XPH: Line Ur [tem 'Jets
Applies m appropriation, revenue and tariff bills, any Flulp'i Ami 11r"f1==1urp m hr f=11lnwrd it =I V=t=nw
particular llem at llems of which may be disapproved n-:puri in the* nfl9~pr1 M *HP Plrr~'-:irlr-nt and 'Jirp-
without affecting the item or items to which he does President. {/DB? Cnnstitutfnn, ArL WL EM. 10;
not obiecl.
1. As 10:50 .4..lf. ufthe :bird day nftersuid mcnney
-'H="l'*1'I1***l"****I'H- occurs - Congress shall 1IDll"l"ET1.E' in aceuvdance
wlM ill rules willzha-ut need ::f calL
Rules to be applied if there is vacancy before l:he
term it' the Piesident. l"198? ILTonsnrut[nn, .4.rL WL 2. I-'WtJ':if1- F days - Enngtwess shall enact a law
"~T¢w' Fil
falfllng Ent' a speflal election to elect 3 Presldenl
and a 'IJ1-l:le President
In case In death DI 3. Enid .'9:Je4:'fmt election shall be held - Hut earlier

permanent Tbe 'Finn-President elect
Lhan furry-Eve [45] days our later IL11an slxtj;
diiahilitjl' of the shall become PresldenL
[ED] days from the time nfsuch call.
President-e]ect;
In ease of failure re The 1.-'iee-President shall 4. The b[J'J' 4:'1:rHIng such MM! of-er:tlon - Shal] be
elect the President act as the President until deemed nerd tied under Sec. 28, p-ar. 2, AIL 'JI of
[l.e. Presldenlial dle President shall have Lhe Cnndlludnn and shall became law upon lls
elections have nat been chosen and qualified. approval on Lhlrd reading by Congress.
been held or non-
cumpletlrm of the 5. Appmpriutinn: ,br said spe4:'lu'J ef-su-:'t1nn -
Shall
canvass of the be charged against any r:LLrTenl appruprlalimls
Presldlentlal eleetlansj
and shall be exempt from the requi rvemems nu
In ease in President Tbl' 5l:1131lE President, Ur Sec. 25, par. 4, ArL 'In of the Eunstillltinn.
and Vice-President in I. l::»L' of his inahilitjr, the
shall have been Speaker of tb: I-[D8 shall 6. The c-nnvemng' of Ingress and the special
chosen and act as Presldent unljl a elects-:rn - cannot be suspended Ur p-ustpnned
qualified, Eli" where Presldenl nr a wee-
hem shall have died Presldlenl shall] base been Na fqpeclnl election shl:1J'J' he 4:'4:rHEd - If the
DI' heeeme chosen and qualified.
vacancy occurs wllhin eighteen [18] months
permanently
befnve the dale of the next pnesi dentlal
disabled Congress shall by law
provide fur die manner in elections.
which one wltcl is to acc as
President shall he selected Instances when there is presidenljal inabijitv to
LLm:il a Presldenl or a Vice- discharge uuwcrs and d1.l1iL-5 of his n-Eire 0 9 8 7
Presldenl shall have Enmt[tuUn4 Arr. 1-"Y1 EE: JI]
quaI1Eed, in case it' death,
permanent dl sabllligr Ur
inabilltjr of the eMclals. When the President | The l:lawe1's and duties
transmlm m the Senate I of his l::IM4:e shall bl;-
l*ulp¢ In hr- =v1r11ir'1 if the* H11-"=1nl"1¢' of turn dllri"'l:= Pmsidenr and m the | discharged be the
Igor* ilnumhrmwf of no Prtlid¢'nt Speaker of the H418 his | '.l'il:e-President
written de1:Iaration that I Acton-rr President
7?
Vu. J UDICIAL DEPAETM ENT
he is unable to disdiarge The power 11E the EC to determine the et nstitutiu reality
the powers and dutlcs of of a law, treaty, ordinance, presidential issuance, and
his nflice. ether gnvernmenta] 303.
When a lnalaritl.r of all the The \Fine-President NDTE: When the iudiclary mediates to allocate
members of the Cabinet shall immediateh; constitutional boundaries, it does not assert any
transmit to the Senate assume the powers super1orlt§.r over other departments; it dues not in
President and to the and duties of the url°lcl: reality nullify DT invalidate an act at the legislature,
Speaker of the HER their asAr:l"!n.g P?'a§'!dm1£. but only asserts d1e solemn and sacred obligation
written dedaratidn that assigned to it by the Constitution to determine
the President is unable clonllicting claims of authority under the Ennstl11Lticl n
in discharge Lhe powers and to establish for the parties in an actual
and duties of his nffiee. con1:l'cl1.rers3,-' the right which that instrument secures
and guarantees to them. This is in truth all that is
l'4l'l:l1'E: The President LeN] reassume power and eutjes lnuulred in what is ternled as 'ludi-cial Supremac.',i',
of his free knee he lransmim to the Senate President which properljr is the power of 1udiclal review under
and to die Speaker of the I-IUR his written declaration tl'Le [Lcl nstitLLt1cln. l"Angara U. The Electoral £'ommission.
that nu l`nl:lhalJ'alL}' ewfsm as. No. 1-45881, July 15. 1936]
wpf- fvfI-=r1vi=|1 F-vi-w

Vu. ]l.]D[EL.\L DEPALRTHENT
The cuuclzs have the pawec to pass upon the validity
[t is the duty of Me churls of iugjce in set'Lle actual and the ccnstltutj-ana]it.I,r of laws enacted Br the
controversies 1 n1.-'l:l]1.rln8 rig]'L13, which El.l'*'E legally legislature, and cdiezr badles of the gave refment,
demandable and enforceable and to determine under Mic doctainc afMecM and balances. The lower
whether 1]l' not there has been a grave abuse of clauns are likewise 'wested with the power ufjudjcial
iiiscretian amounting to lack ar excess of jurisdiction review, subject however to the appellate jurisdlctl-an
in the part of any branch DT instrumentality of the of the higher cn url.
Gn1.rer11nlenL [I ss? Constitution, are wrt See H211
FI1nrtin11'4 nt iurlflf'T=1T rpvipw [CLS]
1. Cbecking - ln1.-'alldating 3 Law DT executive an that

_ll!M'II*IJli*1191=*i_ is found to be cont1"a:ry to Wie Eonstltutlon.
2. Legitimizing - Llpholding the 1.ra]idltJ,f of Wie law
Bn-11' \'p'-=tpfl ii m i'1fl1ll'i=\l I1-'rwfr
that results From a mere dismissal of 3 case
It is vested in one Euprenie Court and such lower challenging d'Le validity of the law.
mums as may be established by Jaw. use? 3. Symbolic - To educate ILhe bench and bar as to the
E4:rnsr1Itunàn, Art I-*HL Esc. I] ooncrollln8 principles and r:oncep13 an matters of
grave public importance for the guidance of, and
judicial Inquiry restraint upon the future. [Dumbo of. EDMFLFQ
ER No. L-52245 .l'o'm.l0r:l.* 22, 1988]
The power of the court to inquire into the exercise of
diseretionaryr powers to determine whether or not
Power nF111:l14:laI freurlew in impeachment preeeedlngs
theme has been a grave abuse of discreli-on amounting
to ]ar:k or excess ofjurlsdlcdon. includes the power of review over Justjclable issues in
impeachment pvoceedingi {.F'r'a::rr:8'c1:l v. h'uR. ER. Nu.
160261, November lil 2083]
Q: Paragraph z at Ser. 14 of die Dinbudsman an
[RA Ann] provides: IrNa court shall' hear any
lururial rr*1fipw of thu- sr. nu frnniua-a of [Hn nf
appeal or application for remedy against the
deeisfan ar Hndirige aj"tIle Umhudsmaa, except the =l='l|11ir\i'i|'r'=lI'i1rf- rr'ih1||ull*a=n:'| trial rnurw
Supreme Caurt, an pure question afiam" Decide an
GR: The so will not disturb the findings of fact! of
the constitutionality of this pravisiun.
administrative tribunals and Mir trial courts.
A: Since the Par. 2 of Sec. 14 of RA. BTH] 11m1M the
XPH= The so may review findings of farm of the Inwer
1'emed].r against "del:is1-un DT findings' of the
courts under the fl:»]]-l:»wiJ1g rrxceptlrnns: [sm-nF-cm-
Dmbudsman to a Rule 45 appeal and thus - similar to
wr-HE] '[Sl1e-I-1-Gra-F-EnwBa-T-'Wi-N-E]
'Ll'Le Par. 4 of See. 2? of RA EAT] - attempts to
effectluely increase the Supreme Euurfs appellate
jurisdiction witliuut HE adurlce and concurrence, 1. When the conclusion is a Ending grounded
1;l'Lenefc»re, d7L former prn1.rlsl1:ln is also enUwly un So-eculatlnn, surmises and
ClIIlfllEI'II].ll:*E3,
unccl-nstitutinnal and i111.ralld. CEarp-.ln-Mamie: v. Erfurt
2. When the irlferenee made is manlfesljgr In{lstaken.
n,I'Ap»pealsI. as. Hn 21 ?I25-2? Nuvembcrlll, 2015]
absurd DT in1pl::ssih]e;
3. Where theme is a Grave abuse nfdlslzrelinu;
78
202 1 EDLDEN NIJTES
PDLITICAL LAW
4. When the iudgmenl is based DTI a The :null in this case is being asked only to counsel
misap prehenslnn of I-'ae13, and not to decide.
5. When the findings dffaet are Cnntlleling;
IS. When the Gnurt of Appeals, in nlabdng in "'WTLCn an act of the legislature department is serlo1.l.'sl],r
findings, went Beg."'nd the issues of the ease and alleged to have infringed the Eonstjtution, settling the
the same is contrary m the Admissions of bath conlzuversy becomes the due of this -Court... b:.* the
appellant and appellate; mere enactment of the questioned law or the approval
T. 1l'l.I'he11 the findings are enntrary to Mase of the of the challenged action, the dlspule is said to have
TrlaI enII.l.1't. ripened into a judicial controversy e1.-'en without any
8. When the Endings of fact are 'Without :Italian of other overt acl; Indeed, even a singular 'lrlolalion of
speelflr: e'urldenele on which the enneluslnns 3.l'*E the Constitutlon andgror the law is enough to awaken
b.=l5Ed; iudiclal dutj.r.' [Pimentel it A.gulrre, so. No. 1325-ee
9. When the feels set Earth in the petllinn as wel] as ;l.ljJ,l 19, 20l5IEij.
in the petitlnner's main and reply briefs are Nut
disputed by the respnndelns, and "When an act of the President, w h o i n our
10. When die Endings of fart of due Enurl of Appeals cnnstltudnna] scheme is a enequal of Congress, who in
are premised on the supposed absence of our ennstitutlnnal scheme is a edequa] of Ed-ngJ'ess. is
Evidence and edntradieted by the evidence in serlnuslyr alleged ta- have infringed the Constitution
reenrd. [Dm-'fd 'L-'. Mlsamls Dccidentaf 4 as Hn. and the laws, settling the dispute becomes the duty
194?85, My II. 20131 and the 1'esl:n:lns1tii]ity of the euur13.' (The Prnuince of
North Cntahntn u. The Gnuernment of the Repubiat' of
'lil II I
the FNfiignines Pence Pure! in Ancestral Domain. an.
ND. 183591, UCIEIIJEYI4, 215IEi*E}.
R'Lquisitcs ufludifial R-wi-ew [A-1.-E-n]
Q: Angeki Raphael petiljuns l:he SE to nullify House
1. Arial EOS'EOf Eonnwvefsy BM H n . 4 7 3 8 which abolishes the judicial
Dweldpment Fund UDF] and replares it with the
[udieiary Suppl-rt Fund []5F]. The funds Tram [SF
It lnvalues 3 ennfliet of legal r'1gh13. assertion of
shall be remitted to the naljunal treasury and
eppnslte legal claims susceptible of legal nesnlutlan.
Edngress shall determine how the funds will be
used; unlike Me IDF, the spending Ni which is
Euntruvcrsv; definition exelllsively determined by die SE. Rally argues
lariat 1-l-nuse Bill No. 4733 infringes SE's Iiseal
It must be one that is appropriate for Judlcia] autnnnniy. is the petilinn meriteri-aus'
determination. It must be definite and concrete,
touching the legal relations of parties having adverse A; 1'41\D. There is :no actual ease Ur euotrnversy. The
legal interests. It must be a real and substantial Euurl cannot speculate an the ermstllulzlanalily Ur
controversy admitting of specific relief through a uneemslitutlnnalltjr of a ml that ClsngJ'ess may ar may
decree that is coJlc]LLsive in character. "it pass. It cannot rule on mere speculations DT issues
that are not ripe for iudielal deternlinatjan. Filling of
The case must not be meat or academic or based an bills is wllhln the Ieglslative pnwel' of Congress and is
extra-legal nr other similar ennslderalimls nat "not subieel to judicial restraint" Hn the Mutter s1F.'§m1'e
cn8nizahle by a eourl of justice. There must be a the Supreme E'nu.rt v. Ahsfftinn 4:lfjDE LFDK-15143, fun.
1:nntra]'je'q.-' of legja] rlghl3 that can be interpreted and 21, 2815]
enforced on 'Lhe basis of exlsling law and
Jul'isprudenele. 2 I.aals' smndr
Hlnnn rlriiflfrfnu
Dne who has sustained DT is in immediate danger of
A case becomes moot and academic when, by virtue of sustaining an injury as a result' :if the act :nmplalned
supervening events, the cdntlictlng issue that may be Ni {Peapl'e v. 1-fern, ER. Nu. 456B5Navem£l»er I6. :ss Fe'
resolved by the court ceases m exlsL There is no
longer any jILLstlclable controversy that may be Locus' sMndi: 'a meme procedural t'er:hnlcallt§lr. has
resolved by the court. This cd1.Lrt refuses to tender been dean-eO as 3 personal and substantial interest in
advisory opinions and resolve issues that would a case such that the 1:+a1't3-' has sustained DI' wil] sustain
provide no practical use or value. This court generally direct lniuryr as a result of the govemmenlal act that is
"declines jurisdiction over such case or dismiss it on being challenged." [Annie Mindanao Party-io: Group UL
the ground of "no-otness." [Republic of .tile The Erecutfve Secretory, ER. No. 166052, August 29,
Philippines vs. Molded Really, fnc. ct of. on Na 2E10?j.
171041, Fcbmnry ID, 2016. PER r. 1'..EEIWEI'!ll'_]
To have standing, one must show that [In-T-Re]
A request for admldsnry lsplnlun cannot come under the
category of an actual case El" eun1:rtlversy since the 1. He has suffered same al:t'IJal at threatened injuzry
issue raised dues nut ln1.-'ulve any inflict in law that as a result of We allegedly illegal enmiuet of the
has assumed the pmpnrtlnns of a F1.LII-l:l-l::l'un1 dispute. government;
79
2. The iniurg,-' is fairly lracnahle to the l:ha]le11ged only la the public but also to the Bench and the Bat,
a1:llun;and and should be nesnlved fur dle guidance of all'
3. The injury is likely to be redressed by a Mardflunn l.-L H¢:IR. GR. MJ. I?0333, December 23,
2903;
favorable acdan. {Fmnel5cn. or. a Hizan v. Ta-ff
Regulutaay Heard, an Nos. 166914 8l:mher 19,
The proceeding lnunlves the assertlcm of a public
2~D10} right. (For-iarwlrrnjr. u. HUT, 5.8. Nu. 160361, November
IG,20M}
I.nru¢'if»1nrI.E or. Rpal11=\:1'1t-in-inIprp'4t
When the right to lnformatlan is invoked. MKEAYM
u. Aquino, GR. Hg. Irnsimury 16. 2058]
Character of the pl'-clfrrtijf When freedom of expresslnn, which has been

ne who- has sustained or ennsldered as 'an issue of nveranehing s1gJ1ifL~L'an1:e to
1; i11 imminent danger at Istrarq 11.
stands our al::eletg,r." is 1mrn]1.l'ed. [Chavez u. Gonzales, ER Na.
sustaining an injure as a to be beneHtM DI' 168338. Fan-rumII." 15. 2008]
result of MiurM W We
wmplainM M [1i1u£L Iudgnent In We suit, Rvquiwmrnn [nr an nrrlinan' cili':pn in rain' 4
iniuq test). [H parte DT the WW elUded constitutional question:
Levitt 302 us 6.8'.8', I53?j M avail of We
8u1h 1. He has personally suffered some actual DI'
LeyuinntIH |LI threatened i]1i1.1r.1.r beeauoe of the allegeOl1.r illegal
i in: i-DI1STj tuunnal. ii concept -Eh 'LI-. I
conduct of the government
underpinnings. Pl'DCEdure.
2. The injury 15 fairly traceable to the challenged
action; and
As' to the is's'uf invnivrsd 3. A favorable aetlon wlll libel.1.r redress the lnJur3r.
{Munc8co v. Fernando, ER No. I 6-E.5l5IIl November
1|"|.I*l1eLhe| sud: parties Whether be is "the 16, 2'15IE:l'6}
have alleged such a party who would be
perse-:1al stake In the l:l-eneEted nr Injured R11*|- fm Tavpawr 4'-2 Prnll-IT Fat?
outcome of the by the Judgment, nr
mntruversy as II] assure the 'parer enlitied to An p:l'd111arg." taxpayer, or 3 .group of tax payers, can
that concrete adverseness due avail.; of the full". raise the question of the '.ralidlt§.r of an appropriation
which sharpens die fWancEcm or at., v. law. "The transcendental importance to the public of
presentation of issues House 01 these cases demands that their be settled promptly'
upon which the court sn ReprE+_:enIaUI.'e3. 11141 and definitely, br1.Lshlng aside technicalities of
largely depends for HEL I5ET26I, No. lm procedure' faimnetcl l.-L Dingiosnu, as No. L-2844,
illumination of difficult 2883] August 26. 1949]
cunstituliunal q1.u:sl:in-ns
Requinrmcnlx fur a Taxpa1l.I'cr'5 suit to prusp-l.\r:
I PA-ll l1-rr'=ann=Uily
1. Public d'unds deri1.-'ed from taxation are
GR: If Mere is no actual nr pntentlal injury, disbursed bl.' a pniitical subdivision or
complainant has on legal personality to raise instrumentality and in duiitg so, 3 law is violated
cnnstjtulin nal qLLe:t:l ons. or some irregularity." is edmmltted, and
z. The petitioner is directly affected be' the alleged
KPN: lr the quest-nn is of transcendental importance. act
Principle of Transcendental Impurtaruze is NDTE: The Supreme Court "retains diseheda-n

determined by: [EDD] whether nr not in a]]aw 3 taxpayers suit' 4"The
Prnufnee of Neath Enmbntn v. The Gnwmment of the
1. The Character of the funds or other assets Hepubffr: no' the Philippines Fleece Pane! on Ancumzri
involved in the case; Dumnlrl, sum.;
2. The presence of a clear case of Disregard if a
emlstimtlnnal or 33lut-nryr pnnhibltinn bi' the lnrue snafu in ralp'i invu lv1ngTa1:p~1
public resp-ndent agenqr at instrumentality of
the genre mmenl; A taxpayer need nut be a party to the contract to
3. The lack of any 'DiNer party with 3 nmne direct challenge its 1.-'al1dit'.!"'_ If taxes are involved, people
and speelflc intent in raising the questions have a right to- question mntracls entered into b.gl.r the
being raised. [Fn:1ndsm, as aL v. House as' gnyernment Further, the issues raised in the petltiun
Representatives .told.} do not refer to the Madam but to the legality of the
acts complained of. Thus, we find the instant
HDTE: "An inletest in the execution of the laws" and mnnuversy within the antbdt of iLLdielal review.
the "constitutional right to due process" considering Besides, even if the issues were p4:lliti-ca] in nature, lt
the "l:ransoendent.a] and paramount importance not would still CIIITIIIE wlljiin Dill" powers of review under
202 1 EDLDEN NIJTES EI]
PDLITICAL LAW
the expanded Jurisdiction conferred upon us by Elunslimliullal question must be raised at the rarllest
5er.'t:lon 1, Artll:]e VIII of the Constltudon, whleh l:¢4:lssll:l]e nppu r1:l.Lnltl,f.
Includes the aLLthnr1t5r to determine whether grave
abuse of dlsrretion amounting to excess or lack of ER: It must be raised in 818 pleading;
Jurisdiction has been oomlnitted bi' any branch DT
lnstmmenlallqf of the government [Mumbo v. Lora, xpt4s:
EIR. No. 185109, December 14, 2009]
In Criminal cases - It may be hruught at any stage of
Lucas Stands in Environmental Cases the puuceedings aeeprding re d1e dlscpeden of d1e
judge {.tt'ial 'DT appeal] because on Ana shall be
In our uri sdietinn, ineusstnndi in end] rnnmental eases brought wlMln the terms of Wie law who are nut
has been given a more Iiberallzed apprnaeh. Refentljr, clearly within them and the act shall nut be punished
the Court passed the landmark Rules of Procedure when d'Le law dues not clearly punish them.
far Environmental Cases, whleh allow [nr a "eitisen
suit," and permit any Filipino citizen, as steward it' In Civil cas-es - It may be brought anytime if the
nature, to file an action before our enurm Enr nesulutlan of the cunsliuutlunal issue is inevllable in
vlniadans it' our environmental laws. Thus, the need nesulving the main issue.
to glue the Resident Marine Mammals legs] standing
has been eliminated by our Rules and it is worth In every ease, When the Jurisdiction of the lower
nntlng here that the Stewards are isdned as rea! court is in question elneept when there is -estoppal
parties in die Petition and not just in nepnesentatlan {7'ijam v. S1!1».nn,;lhan:J}r, is. Na 1.-31450, sad! Ii
of the named eetaeean speeles. (Resident rl-a'n.rins 1568]
Mammals u. Reyes, ER. Hn. 188.79/. Ap1rii'2I, 2815]
4. Neressilty afdenidiqg mnstirurinnnl questions
The Hllng of a petition for the lssuanee of a mkt of
kafilsusan does not require that 3 pe1:itloJleJ' be As lung as there are other bases whim courts can use
direct:lyr affected he an ennrlronmenta] disaster. The fur decisje-n, 1:l::nstltutlrJ11aIjtg,f of the law will nut be
rule clearly allows iurldiea] persons to file the petition touched, thus, el::urL~2 should refrain from resnlvlllg
on l:leha]Eof persons whose oonstltutlonal right to a any ennstllutluna] issue "unless the ennstllutluna l
halaneed and healthful ecology is =.Flo]ated or questlnn is the Hs mom uf'llle case."
threatened with violation. CH-'est Tower u. Pirst
Ph1'ffpp.llna, as No. 194239, lane /6. zen5.1 Lis mntu means 'the cause of the suit nr action."
Given the presumed validity of an esecu1:l1.re act, the
Lnrni Smnvfi in l1\lp'~1l1nrlillF.plprlinn 1awi pelitlaner who claims otherwise has the burden of
shuwlng flrsl that the ease cannot be resolved ILLn]ess
Voters may be considered as proper parties with Me r:::lnsdtlltlel11a] questlan he raised is determined by
respect to the implementation of election laws the CCI1.LCL {Genera'i u. LFrm_ ER Hn. 191569, Munch 23
provided that "there must be a showing of obvious 2EtIIj
interest in the 1lfa]idit3.-' ofUle election law in ql.Les'tlorL"
['Do'wd v. Armco, GR. No. I?13_9'l5, Hk:r.y3. 2086] Rcasnn who churn will as much as uussibln avoid
Igor' dpi¢inn ref a pnf14titutkm=l q,Ilf~4linn
Lucas Stands fur members ul' the IBF
[Lan be traced to the do-clrine of separation of p-nwers
Although it may be granted standing to assert the which end-ins upon each department a proper respect
right of Ila members, "the mere lnvocatlnrt by the fur Me acts pt' Me ether department Everyr law has in
Integrated Bar ui the Philippines, at any membezr of ins favor the presuniptiun efvaiidity. Unless and unti]
lite legal pmfessifnn, of the duty to preserve the rule of a specific prpmdsidn of the law is declared lm-'a]1d and
law dues not suffice to eluthe it with legal standing." uncc»nslltutlclnaL the same is valid and binding for all
l'Tfle Frnvince nfhfnrth Entabatn '|.". Tire Government of intents and purposes. (sec I-". fnterpnrt Rasanrrccs
the Republic nftfle Pi1lHpplne5 Pence Pure] an Nneestmi [.'nr-eration, as. No 135808. Elictnbcr et, 2008]
Domcriii, .F8[d'JT
HDTE: Gnurlx indulge the presumption of
Rule on ll1'[E:l'\l'E:l'lD['S as Proper Parts l:nnstllutlnna]lt§l.r and in by Me maxim that "to doubt 15
111 suslaln."
May be given legal standing ul:l4:ln showing of fads
that satisfy Me requirlemenm of the law au'th1:l-rizlng limftalinnw of luilirinl BPWPW
lnter1.-'en1:1l::n. such as a legal interest in the matter in
litigjatinn, or in the success of either of Use parties. The En llcwlring are the 'Seven Pillars' of limltatinns to
[The Preuinee e.,f Nor'th Eetabatn v. The Gevemment of the power of judicial review: (Demetrius if. Aron, ER
the Repr.rh{1r;' nftfle PtuJ'Ipp1nes Peace Pane] an Aneestml' Hn. ?19??. Fehmarj." 2?i 15391
Domain, .Fhili_].
1. The Court will not pass upon the
3. En:-ua: nppnrmnily mnsdmlionali4 of legislation in a friendly, nrJJ1-
ad1.re:rsarl.r proceeding, declining because to
decide such questions "is legitimate only in the
81
last resort, and as a necessity in the uncnnstitutfunnf, the remainder of the Act :fluff not he
determination of real, earnest and vital a,t}'e':'ted by such dedararahn.
controversy between indhrlduals
2. The Court wil] not "anticipate a question of NDTE: Even wi'd1-nut sudan separabl lltjr clause, It has
constimtlonal law in ad1.-'anoe of the neeesslty of been held dot if the 1.ra]1d pdrtlan is s o fa r
deddlng 11;" independent of the invalid portion, it may be fa.1r to
3. The Court will not 'formulate a rule oF presume that the legislature would have enaened II by
constitutional law broader than is required he Imelda lfit had supposed that it could ennstitudnnalllr
the precise facts as to which it is to be app]led." do sn. {8arr'amed.::r v. 8-fain E.R He. lL-F'5l'2?. Apr!! 88.
4. The Court will not pass upon a oonstltutional 1913]-
question although properl§.r presented by the
record, if there is also present some other Z. That the valid portions IL'an stand Independency
ground upon which the ease may he disposed of. 33 a separate s t a r t .
HOTE» If a case can be decided on either of two 4 al III | Hlil:

|. L
I
grounds, one involving a constitutional

q1.Le5tlon. the other a question of statutory
These are questions which, under the Ednstltutldn.
construction Dr general law, the Court will are m be decided by the people in their sovereign
deetde only the latter. capacity, or in regard to which E1.Lil dlscretldnary
aL1thd]'1l3,r has been delegated to the legislative or
5. The Court will not pass upon the validity of a exe-cul1:i1.re branch of the government. {Tdriddd H.
statute upon complaint of one who fails to show Cuenca, E. R. Nu. I.-I c52:rJ. Ferrmnrj.-' 318. I5l5?}
that he is injured by Us operation.
6. The Court will not pass up-on the constitutionality Political Question Irwinn
of a statute at the instance of one who has a'uai]ed
himself -ofiis henefils. NDTE: The doctrine that the power of judicial review
T. When the validity of an act of the Congress is cannot be exercised when the issue is 3 political
dram in question, and even If a serious doubt of question. It constitutes anolj'ler limitation on such
constitutions llljir is raised, it is a cardinal power of the iudieiarj,-'_ {Ton'l:IIda Lf. Cuenco, info.)
principle that this Eourt will first ascertain
whether a construction of the statute is fairly nw-:rn-iah111- aIlp*ati¢ns irs. Prmlitiral Illwrti-zruf-z
possible Br which the question may be avoided.
I I' -I I I I
..'..| 3 Questirjns W]l.. II
GFI; A11 unnurusdtuliunal law produces no effects. .p.\'l!'l.I flglll involve the 1LJ-uiiey ui
:=!g3aII? the wisdom ufthe law
KPN: DperatWe fact dnctrlne - while the deniandable Ur act, DT the lonclalilj
1.Lne11n5titu1:i11naI law nemalns unl:nnstil:l.LtlrJJlaL but and nr effleaqr of the
the efEer:t3 of the unconstltudana] law, prior to its enforceable, same. Genera]]],r 1;
judleial deelarat:10n of nullity, may be left undisturbed an act DT eannnt be Lnquirecl by
as a matter of equity and fair play. fLen.gue uf8ties v. I]lfl'li.s§ilII]1 the courts. Furdner,
CQMELEE. 5.8. Na. I F595/, November It, 2088] 10la1:l'h'£ it' these are questions
:.l.IEh right, which under Me
r44JTE= The inuncadnn of lhls doctrine is an adnllssiun and a IEans1:ltulill:ln:
t h a t the law is unccnnstllutj-nna]. renledyr
Definition granted and 3. are decldedl WM
Dactrinr* of F=ll*ial In-rnnitirutinualitv ::3.l1EIIIIII]'1!d people in 'lhsir
l.r.'¢" h w fur suvereigri
111 deference to the d-ol:l:rine of separation of powers, aid hcreacb capacity; and
oourl3 hesllate to declare a law totally Trlght. b. where few]
unconstitutional and, as long as it is possible, will discned-nnarl.r
salvage the valid portions Lherleof in order to glare autt\ll:lr1t5f]1aslJeel1
efFect to the legislative wi]L delegated Ba," du
C:n]1stltu1:inn
Rf'¢1ui*ritri Inf' 51 wlfn ¢Tpr'Iaral'irm of p=al*iaT either to 1;h1
1l11cf+l11'fi1'll'finna1it'¢'= executive a.
legislative
1. The legislature is willing In retain the '.I'aJjd l::l.EFI3l'[ll1-E]1l'_
p4:lrtlnns even if Me rest of Me statute is
declared illegal, and E'[fpr'[ of t*1p fvHan4M ='lplini*inn of in l='lil"ial flflwpr
an 1111: uulilill:a1 uueslinn du-l:trin1~ {1995, 1991,
HUTE: Thls may be expressed i n what i s known as 2004 843)
the separability clause. :Nor any reason any sscnfun
or provision o f t h i s Act is de4:'J'4:rrEd inualfd Ur
202 1 EDLDEN NIJTES sz
PDLITICAL LAW
The 198? Constitution expands the concept of iudldal 11. Thr: SE alone may initiate the promulgation of
review. Under the expanded definition, the Court Lhe Rules of Court. [1989 E'nn:titunlon, Arr. 1-TM,
cannot agree that the issue involved is a polltieal See. 5151Jr
question beyond the Jurisdiction of the court to 12. The EE alone may order telnet-orary detail of
review. When the grant of power is qualitled, judges. al 98? Constitution, Art. 1-TH, See 5 (EU
conditional or subject to llmltat:lons,, the issue of 13. The SE can appoint all officials and employees of
whether the prescribed quallficadons or conditions Lhe Iuditdary. [I98? Eonstiru son, Are 1-'TIL See. 5
have been met or the limitations respected is am;
Jusdciable-d'Le problem helng one of legality or
validity, not its wisdom. Moreover, the iurlsdiction to [udi-cial Privi1f5p [l1flih~r*r=|1'i1t|= Pr#nr"p1*= Ft'ilrillpgp
delimit constltudonal houndarles has been given to MLDEE1
the so When political questions are involved, the
Constitution lln\1Ts the deliniltation as to whether or The prhrllege against disclnsune of lnfnrmatlnn nr
not there has been 3 grave abuse of disere'tion cnmnluJllcalinns dlat Enrmed the price-ss of iudidal
amounting to lark or excess of jurisdiction on the part de:islrJ11s_
ofdhe ofticlal whose action is being questioned
This applies to cnnEdelltial matters, which refer to
-=lIII'lW8ilL1'I=¥"I'I={I1%fH'£1!li'Iff'I-Wi' l information not 3-'et publicized Us the Gourt like [1]
raffle of eases, {2] aetidns taken in eadl case in the
fnn*=liIL\linl1-'»l 1affm\aM1 the* #='"=v'=m*1'-r ID IEourt's agenda, and {3] deliberations of the Members
i1'1rlpn-rndp1'\=:p nllthp ivrlirinnf in court sessions on ease matters pending before lt.
1. The SE is a constitutional body. It cannot be This privilege, however, is nat exeJ'r.rsave m the
abolished nor may 113 membership or the ludlciary and it extends to the other brandmes of
manner of HE meetings be :hanged by mere government due to our adherence to the pr'J'neapf-e of
Jegislatilm. lConstJtr.rtion,A."t wit Sec 4 [IJ] s'eporotaon of power; Ur: He: Produetlon of Court
z. Members of the so may not be removed except Record: and Documents' and the Attendance of Court
by impeachment {I5l8? Constitution, Art XI, See. Qt]ir:ioJ's and Em.oJoye8 os I-'I-'ltraesoes' on-der the
21 Suhpoenos oJI'Feb. IQ 2012 and the I-*o.r{ous Letters of
3. The SE may not be deprived -bf 113 minimum Impeachment Froseeu Lion Panel dated fonuoiju 151 and
original and appellate jurisdiction as prescribed 25, 2012. February 14, 2812]
in Article 'II"III, Section 5, of the Constitution.
{Eonstitutionl Art or.; Sec. 3] Purpose it' judicial Privilege
HCITE: The El::ngJ'ess shall have the power to To prevent the 'cfmrfing' of deliberative
define, preslzrlbe, and al:lph1'til:ln the iu1':is)-diction cnmmuiiicatinns. It insulates Lhe Judiciary from an
of the various enum [al] enurm helnw the S-E]. improper intrusion into the Mnctiam oF the iudiclal
branch and shields judges, Justices, and court dliicials
4. The appellate Juries-dict:Ion of the se may not be and eniplnyees Erum public xrudny DJ' the pressure of
increased b],r law without HE ad1.rlce and public npininn that would impair their ability to
concurrence. {IE'onstituti-on, AN w, See LEIJ} render impartial decisldns.
5. Appointees m the judiciary are new nominated
by ohe JBC and no longer subject to confirmation Q: Duns the participation of Asstieiate ]ustices in
by the Commission en Appointments. Me hearings of the I-lense Committee en lustiee
{E'onstituti~onl.drt wit Ser. 9jl determining probable -cause for the impeachment
IS. The so has administrative suplervlslon over all of an impeaehahle n-ffieer make them disqualiEed
1 refer:lor courts and personnel. {198? m hear a petition for quo wnrmntn against said
IE'onstitr.rtion, Art wit See 6] effieer?
7. The so has eizcltlsive power to discipline
ludges..FJust:lees of i n fe r i o r co u rts. gray? A.: ND. Their appearance thereat is in deference to th e
Constiiltrtion, .4.rL I-*HL See I Ij' 1-Iou.sfe of Representatives whose constitutional d1.Ll1.'
8. The members of the 1udi-clarg,I' enjoy security of to investigate the impeachment complaint filed
tenure, which cannot be undermined Br a .law against an impeachablle officer could not be doubted.
reorganizing the iudiclary. 1198? Constitution, The same is net a ground Ear inhibition provided that
Art to, Sec 2 (23 their appearance is aim the prior consent of me
9. The members of the Iud1c1a1r.8I' may not be Supreme Court En Banc and 1114 fa1thfu]]]_.f observe
designated to any agency performing quascl- the parameters that the Ee url set for the purpose.
lud1cia] or administrative functions. M F E ?
tTonsticution, Art I-*LIL Sec 12J} Fl¢1I111i*=air1"¢ tor 4 it-:lrurupnI to hp nrf\I1p¢'np¢l to DPP
10. The salaries of judges may not be reduced
during their continuance in once, the judiciary I t must be shown that the dl::nr.'ILLn1e]1t is hath:
enjoys fiscal autonomy. [/989 Constitution, .4.rt
wit See 3) 1. Pre-decisinnal - lr they were made in the
attempt m reach a final decision; and
83
2. Deliberative - If II reHec\3 the give-and-take of A; The Court may deny request for eertihed copies of
the cunsullatlve l:]'n1:ess such as the disdasure Statement of Assets, Liabllitles and Hel Worth
of the 1nf::lrmad1Jn would discourage open [5'..ALNs] of all Incumbent justices of the so: and Court
discusslnn within the agenq,r'. of Tax Appeals lflt is iaeklng su Efleient basis. It should
not be forgotten that invoicing one's constitutional
HBTE: Erfurt records which are pre-dedslrmal and right to information must not set aside the need to
deliberative in nature are thus protected and cannot preserve the integl'ity and Independence of the
be the subject of subpoena if iuditlal prhdlege 13 to be judiciary. It must be invoked if under the
Pl'E'3E1"llI"Ed. circumstances it would not resu]t in endangering,
diminishing or' destrojring the independence and
Hors; Members of the Court may not be compelled to securit'j.r of the members of Me 1ud1elal1."r in the
testify in the impeachment proceedings against the perfo man-oe of their Judlcial Euncd-ons or expose
Chief lustlce or other Mentbors of the Court about them to revenge for adverse decisions. (HF: Request
information aoqulred fn the performance of their for Copies -of the SALN and Persons! Doro Sheet or
official adj1.Ldieator.1.r functions and duties; odierwlse, Curriculum Vitae of the justices of the S'up.reme Court
t.l'Lelr disclosure of confidential matters learned fn and Crljicers and Ernpfoyees of the judiciary; it No.
'Ll'Lelr official capacity violates judlelal privilege as lt 09-8-E-Scjune 13, 2U'J'2}
pertains to the exercise of the r:onstitLLtlonal mandate
of adlud:i-catlon. I I I I II |
KPN: If the only intent is far ijiem In ident:IE1.-' or 1:er1:iEj,r UI' proven compelencwe, illtegTlty, prublqr and
the genuineness of du1:umenl3 within their central illdepe]ldence..lfI98? Ennst1ltulinn,¢4:1; wil Eer; F{3}j
that ave nut l:nnfideJllial and privileged, their
presence in the Impeachment Court may be
'perrnltted_
Waiver of llrivilp!1-r
This privilege, ineldemallj.r. belongs to the jlldiclary 1. Twlatural hclrn culjzlrn of 1. l:I1:11-cn al the
and is Eur the sz: {as Me nepreserltatlve and entity U12 Phlluppincs Philippines
speaking Ear the judiciary), and not for the individual
2. Mumbo r of the 2. Member it' the
justice, judge, or cdurl official or employees to valve.
Philippine Bar Phllippine Bar
Thus, every prul:l-used waiver must lie referred to the
so for us caruideradan and appm-vaL
NIJTE: The Lower Collegiate CourLs are !Lhe Court of
Fnnilirulinflal §'I1=ur=Lnrpp of l'i'»=-"a1 Hnrnnnmaz Appeals, Court of Tax Appeals, and Sandiga nbaytan.
fspg Consin,g' u. CA, ER No. ?8'2?2, August 29, 1989j
111Eeliglzon 1.". Driian (ER. Na 183524. April' 15. 1592). The Lower Courts are d'Le Regional Trlal Court [RTE],
the so explained that Fiscal aulanamy ccmtemplates a Metropolitan Trial Courts imeTt:i. Municipal Trial
guarantee of ful] fle:l»:ibili'tl,r to allocate and utilize Court [MTC]. Municipal Trlal Court in Cities {mTcq,
resources with the wisdom and dispatch Mia! the and Municipal Circuit Tri al Couirm [MCTC] .
needs reqMne. ,['Eeftgaan 1.-'_ DnJ'4:rf1-. ER Nu. 193524,
Ap.r'ii' 15, 1992] NDTE: Fur bath lower enllegiale em.LrI3 and lower
-euurts, Ingress may prescribe -other qualifl-l:atlmli
It recognizes the power and authnrlqr to deny, assess [I98? Eanstirudum Art am, See ? al] and 4"2},f
and collect fees, Ex rates of eumpensatiun nat
exceeding the highest rates authorized by law for Q: Br virtue of Republic Act ]'llo. 10660, nun new
mntpensatinn and pay plans of the government and divisions of the Sandiganbayan were created with
allocate and disburse s1Lu:h sunk as maj.r be provided three members each, and there were six
b:.f law DT prescribed by it in the course of the simultaneous vacancies for Associate [ustioe of
discharge afi13 functions. said collegiate court The JBC then submitted six
separate shortlists for the vacancies [Cr the 1Etb
Q: The Court received mo letters requesting for to tile 21st Sandigjanbayan Associate justices.
copies of Statement of Assets, 1.iahl mes, and Net Petitioners assert that President Aquino's power
worth [SAL]ll',i and the Personal Data Sheet [PDS] to appoint is limited to eadl shortlist submitted by
or the Curriculum 'Jitae [ctr] of its justices for Me the let, President Aquino should have appointed
year zoos Ior Ute purposes of updating their the 15th Sandiganbapfan Associate justice from the
database of information on government oITicials. nominees in the shortlist for the 1&th
Ether requests for copies of SALH and other Sandiganbajfan Associate justice, the 1i'th
personal doculnenl;s of the [ustioes of the Court, Sandiganbajfan Associate justice from the
Court of Appeals [CAL and Sandigjanhajran [SB] nominees in the shortlist for the 17th
were filed. Ean the Court allow the ielease of Sandiganbagfan Associate ]ustice, and so on and so
copies of SALH and other personal documents of forth. Hr totally overlooldng the no minces for the
Ute incumbent justices? j a m Sandigjanbayan Associate ]ustice and
appointing respondents 1'-'lusngi and Econg, wbo
PDLITICAL LAW
were mm nominees for the 21st Sandiganbajran 2. Ether Members

Associate jus Or, as the 1IE»tlt and 13th d. Representative of the Integrated Ear - 4
Sandigaobayao Associate justices, respectively,
years
President Aquino violated Ute Art. am, Sect. 9 of
e. A professor aflaw - 3 years
the 1981 Eonstitution, wltidt requires the f. A retired member of the EE - 3 years
President to appoint from a list of at least three g. Prlvate seetnr representative - 1 year. p58?
no minces submitted hr Ute ]8II for every vacancy.
Ennstitu tf0rt, Art am: Sec. 8{2]j
Ale the petitio hers correct'
Rnti-annie: Ecmtln uit),-' and presetwfalian of the
A: Tm. Nominatlon by the IBC shall be 3 qua]lEcatlon
itlstllu1:iuna] memory
for appointment to the ludlclar3r, but this only means
that the President cannot appolntan individual who is
Rfprp'iput=lrilrp of l"nllF1 p¢1 in the' lEE
not nominated Br the IEE. It should be stressed that
the power to recommend of the JBC cannot he used to
Dnl].r DDE. The word 'Eongress' used in See. 811]; AIL
restrict or limit the Fresident's power to appoint as
vm is used in is generic sense. Duly a singular
the latter's prerogative to choose someone whom
representative may he allowed to sit in the ]EC from
he,,Fshe considers worth appointing to the 1.racanc5r in
either the Senate DT Ho R The seven-member
the Iudiclary is still paramount As long as in the end,
l:omp-osltion of the JBC serves a pral:t1IL'aI purpose, that
the President appoints someone nominated by the
is, to provide a solution should there be a stalemate in
]EE, the appointment is 1.ralld. Thls does not violate
voting.
Article am, Section 9 of the las? Eonsdtution. To
meet the nlininluJn nequi nement under said
constltudona] p1'o1.rision of thl'ee nominees per
vacanqr, Mere should at least be 18 nominees from
the IEE for the slit vacancies for Sandlganbalran Fllurtinns-'r[l*1p [FI {2IJI:l»n BAR]
Associate lusdce; Out the minimum requirement was
even exceeded herein because the 183: submitted for The principal func'l'J4Jn of the IEE is to recommend
the President's co nsideratlon a total of :IT qualified apt:l-aintees to the judiciary. It may, hl::lw1e1.l'er. exencisc
nominees {A.gufnol'd'o it Aquino, E.R Afo. 224202 such functlcms as the SC may assign to II. l'I5IE?
Ennctitu Linn, Art in, Sac. 8]
Afou2ml:l2r25l. 2016]
: I l L I NDTE: The duty of the JBC to submit a list of

nominees before the star: o f t h e Preside nl"s
mandatory 'EPD-da1.r period to appnlnt is ministerial,
but ins seieetidn of the candidates whose names wil]
Bump-nsitian of the ludirial and Bar Cuundl
be in the list to be submitted to the President lies
within the diseretinn Ni' the IEE. [De Cestitr u. [BC ER
[C-S-E~l-P-RE~P]
ND. 191082, HeMi IF, 29101
1. ChieEILLsl:lee. as ex-ajjlrria chairman
2. Secretary of Justir:e. as an ex0,,rjl'idn member 1!*1Ilii|*'5!='|'t'1Il'\-
3. Representative of Co]tgrless, as an ex-a,Ij"ieia
member .*'IiI=I'*»'lll11'1E1IIi1{1=IL*11Hil°[-l'[1'I*111a1
4. Representative of the Integrated Bar
1. Chief justice
5. A Professor nfiaw
2. 14 Assnclale Justices
e. A Retired member of the EE
T. Private sector representative
Divi'iinn'i Fri [hr EE
Hors; jet does not fall within the scope of a tritllunaL
It may sit en bane Ur in 18 discretion, in di'ur1915113 of
board DI' oncer exettising judicial or quasi-iudicial
three, five, ar seven member; ,fl98? Elzlrlsltitu Linn, Art.
functions. However, since the formulation of
WH, Sec. 4{I}j
guidelines and criteria is necescsargr and incidental to
the exercise of the ]BE's constitutional mandate, a
lJualiEI:atinns fur allpuintmcniza to the so
determination must be made on whether the JBC has
acted with grave abuse of discretion amounting to
1. Nam re] barn citizen of the Philip pines;
lack or excess of jurisdiction in issuing and enforcing
2. At ieasl 40 years of age; and
the said policy. [Villanueva u. /8L1 ER. No. 2//833.
3. A Judge oF a Iuwer hurt DT engaged in the
April F, 2815]
practice of law in the Philippines Eur 15 years fir
more. [198? IS'nrlsLfl'ur!nn. Art I-*HL Sec. ?l'1JTj'
Staggvrrd Tprml -of n1-rmh~pt1 of I1'»p [FIT
1. Regufarnrenrhers The members of the ludl-l:iarg,r are appointed by the
3. Chief Iustl-ce - 4 years President of the Phllipplnes from among a list of at
b. Secretary ufjusliee - 4 years least Unree [3] nominees prepared b:.' the Judicial and
E. Representative afDnng;ress - 4 years Bar Enunell [Jes] for every 1.-'aeanq,r.
85
HUTE: The appoi ntntlenl shall need no confirmation remedies am dlslinct as to 1urlsdll:t:lnn. grl::LLnd3,
from the Commission on Appointments. [1987 applicable rules pertaining to initiation, fllmg and
L'on-sritunOo, Ari: I-*HL Esc. El] dismissal, and limitations. [Rep-ua-fir: lu. Serena, ER Na
23.7428 .HEr" II, 2018]
F111 PA nnlf al"=1nfip'i in thf- 1*
1. 'Jaeandes in the so should be filled within 90

days from the or:turnenr:e of the vaeanqr. MSW?
Eonstitu tiara, Jlrr. WH, Sec 4{Ij} F11 Wat l`lr**'i1ifr|11- "`=v¢p1 *hot 'ilvml-1 hp hp=l.rfl he
2. 'Uaeanrl es in lower 1:ourt_s should be Filled wi'Ll'lj n the SE en hall: [T-Ru-P-Prc~]u-D-2)
QD days from subinlssion to the President of the
lot list; 1. All cases involving the constitotlonalltlr of a
3. The filling of the vaeanq," in the Supreme Court Treaty, international DT executive agreement, DL"
'within the 91]-day period is an exception to the law;
prohibition on midnight app4:llintmenTs of the 2. All cases which under the Rules of Court may be
president This means that even if the period required to be heard en bone;
fails on the period where the president is 3. All eases involving the constitutionality,
prohibited from making appolntmems application or opera1:ion of l*resident:la] decrees,
[midnight app4Jintmen13]; the pl'esident is proclamations, orders, lnsuucdons. ordinances,
allowed to make appoi ntmenis to ml vacancies and other regulations;
in the Supreme Court. 4. Cases heard by a Division when the required
majority in the d11.rision is not obtained,
Dtherwlse stated, the prohibition of the 5. Cases 1.nd'Lcre the so n1-odities or reverses a
President to make appoln1:l'nenII3 two [Z] doctrine or principle of law Previously laid
months prior the immediate presidential either en bone or in division :
eleetlon is limited to appolntmenm to 'Lhe lower 6. Adnlinlstrat:l1.re cases 1n1.-'olvillg the discipline or
eourm foe Costm u. [BC 6.8. No. 151082, *»a'on:tl dismissal of [udges of' lower c-ou is,
19;2010;r Election contests for president DI' ulce-
president
TP1'11UrP of Mr' mpmhtr¢ frf Igor' EC and illrlap'i
11993, 1996, :nun BARE l"a'ip'4 *lot man' hr* *1p=LM lw '1ivi'4if1n
Members of the so and judges of lower mums can 'Ether eases or matters may be heard in division, and
hold ufiice during g1JI::d behanrlnr Llntll: decided or resolved widh the eoncurrenoe of a
maioritgr of the members who actually sdk part in the
1. The age afT] years old; nr deliberations on the issues and voted thereon, but in
2. They become lneapaeitraled lu discharge their no case without the eonrurrenoe of' at Jeast three such
duties. members
Q: ]'l-'lay the Supreme Erfurt assume jurisdiction and Scape inf the Procedural Rule-Making Pnwcr
give due ee-urse to a petition for :fun wurrantn [1991, 2000, zunu, 21109, 1013, 21114, 2015 BAR]
against an impeachable officer and against whom
an impeachment en-mpiaint has aIJ'ead}f been filed 1. The pmteetiun and enforcement of
with the I-Inuse efkepresentaljves? ECInstitutinnal rights
z. Pleadings. practice and procedure in al] curls
A.: YES. The language of Seetlnn z, Article al of die 3. Adniissiun to the practice of law
EnlL*.tllut:lfln dues not foreclose 3 qua wnnuntn action 4. The Integrated Ear
against impeachable nfNeers. The prnWslnn reads: 5. Legal assistance to the underprlsriieged
The Jo-oc Members of d'Le Supreme Court, xaot may be Limitations DD HE rule mal-dm; pnwcr
removed from office an impeachment for, and
conviction DE culpable violation of the Constitution, 1. It should prmrlde a simplified and inexpensive
treason, brlber.v. graft and corruption, other [high procedure for the speedy dlspasltinn if cases
erlnles, or betrayal of p1.Lb]1e trust. Jon: 2. It should be unlfarm Eur all cl::l1.Lr13 of the same
grade.
While both impeachment and qua wununto may 3. It should not diminish, in-crease, nr mddlfy
result in the outlier of the public oMelal, the two sutlslan1:l1.fe right.
proceedings materially dllTer. Thus, they are net
mutually exclusive remedies and may proceed Requiremenlrz Mr the decisions of the so
simultaneously. At its most lla.slc. impeachment
proceedings are political in nature, while an actloil for 1. The eellelmlslems it the Supnezme Court in any
too worronto is judicial or a proceeding traditionally case submitted to it far decision en Han: or in
lodged in the court; Aside from the d1Eferen-ce in their dlirisien shall be reached in eemsultalinn before
origin and nature, quo worronto and impeachment the ease is assigned to a Member Eur the willing
may proceed independentl.',r of each other as these of We upinien of the Euurt.
PDLITICAL LAW
Z. A eerddeaNan to this effect signed by the Chief 4. Amendment, modification and.,For De1.-'ocatlon of
Justice shall be issued. Administrative Errders and Circulars issued by
3. A mpg thereof shall be attached to Me record of the Supreme Co url.
the ease and served Llpdn the parties.
5. Matters for policy determination.
4. Any Member who tdak no part, or dissented. or
abstained From a decision ar resnlutienn, must
Driginal and Appellate [urisdictinn
stale the reason 1;here1:lt'. [I98? Eniistitu Linn, Ant
Wat Sec. 13;
flrirrinal and app:-rllatf illlri'-zdininn ntthl' in [1'8194,
NDTE: Ho decision shall be wondered by any court 1995, 1996I IDDD, 28114I IIIDE BAR)
without expressing Mwrein clearly and d1sl1n1:tl}l.r the
The Supreme Court has the power to re1.rlew, revise,
facts and the law on wealth it is based. a s s ?
Constitution, Art 1.-TIL Sec. I8'j reverse, or aEflrm DTI. appeal Ur r.'ert:l-l:1rar1, as the law Ur
the Rules of Court may provide, flora] Jud,p,rnen13 and
Whvu rlla,nrlp -of 'lplluf if-z ppIrl1iI11=-:1
orders pflawer cnurw in:
'l."I.l"here tJtere El.l'*E serious and weighty l'*E3SD]ll3 present, 1. All C33E5 in which the co nstillltionalltjr DI'
which would prevent We en1.Lrt eferlglna] jurisdietlun validity," of any treaty, international or efxeoutive
from conducting a fair and impartial 1:r1aL the Court agreement, law, presidential decree,
has been mandated be Fee. 5[4], Art 'VIII to under a pnoclamatlon, order, instruction, ordinance, or
change of 1.-'enue to prevent a mises triage nfjustjee. regulation is in question.
E. All cases involving the legality of any tax,
The author-ritv 'vesned in Lhe Eengress and Supreme impost, assessment, or toll, or any penalty
Euurt is separate and dis1;im.'t imposed in relation thereto.
3. All cases in which the iurisdictlon of any lower
court is in issue.
4. All criminal cases in which Me penalty imposed
Authority to define, prescribe, Power 111
is reclusion perpetua or higher.
and app11rtll:m the jurlsdlctinn pm-mulgate rules of
5. All cases in which only an error or question of
of the 'uarinus courts. {I9B:? pleading, praclicle,
law is imfoived. H98? Eonstitutl!oi1., Art 1-*TIL Sec.
Enrlstitutinn ArL mfr, Ser. 2,1 and prlmzledurle.
,r198? Ean§ntr.rtil:Ji1.,
5l'2U
Authority ta- create statl.Ll1Jr.[l'r Art am, Sec..5{5*|}
courts. al 98? Eumtitudnn. Art am. EDN57'lTU7'lD'N.41. EDT-'IMISSIDNS
wftsef. I )
*IV'I-!I»W'I€1=i=*"i*l1*1"I{b_
N~D'l'E: Albejt eperatlvelgr lnte1rel.ate-ri, these powers
are lns1:ll'ut:l1:lnal]3.-' separate and distinct. each ta- be lndcuc-mlcot in nslzimlziunal Commissions:
preserved under HE D'WTl sphere of audmrlty.
1. 'l:Ii1.rlI Service Commission [CSE]
WTLen Congress creates a court and dellmlls it! 2. Cnmmlssiun on Elecljans [EDMELEE]
Ju1'isd14:t1rJn, it is the Court which flrces the pruceduve 3. Cnmmlssiun on Audll [ERA]
1i\rl:»'l.1gh the rules II pr1:»nlu]gates.
NDTE: The esc, CDHELEC, and CIA are equally pre-
Aurlfnini'-rlralivf 91m-rrnrisifm l"lv1pF Lnwfr Enllfti eminent in their respective spheres. Neither one may
claim dominance :her the others. In ease of i n Hirti fig
The Supreme Court exenzlses administrative ru]1ngs. lt is the Judiciary, whim interprets die
supertrjslun over al] lower courts. [/REF Ea::lstitr.rri».'Ji1.,
meaning of 1:he law and asrerlalns which view shall
Art I-J'HL See 6] prevail. [ESE v. Fuhre, ER No. 160588, September 15,
2001]
The SE is assisted by the Euurt Adnlinlstratar and the
Deputy Guurt Administrators in enoereisillg the NDTE: Functions are executive in nature, but are nut
administrative function.
under the Jurisdlrtzlan of the Phillppine PresldenL
Hnn'pr1 to ht =t\'pl1d¢'d lw the En111"t E11 Bahr:

Eurpnsn
1. Disciplinary Matters im-'l::]1.r1 fig justices and judges
The El:lnstitLLtinn established the -Ednstitutldnal
nEaI.l iver eciurts and lower eo1.Lrt person Mei. Commissions for the lmpdrtanee -of their WnMons
z. Deslgnatlun nfiudges and the need of 1 nsula1:it»n from undesired pelitiea]
3. Request fDT transfer Elf eases from one erfurt, interference or pressure, if merely created by statute,
adl:nin1st:l'ati1.-'e area DT iudielal negiun to anuthei their independence is net assu Ned .
and,,Fnr transfer of venue it' eases to a1.-'aid
miscarriage of iustlee as prnvlded fur in Eeetlnn
5[4], Article am of the IE-uns1:itutin n,
I=lI\'l1ll\|llI'I~.IEilIEI'HH=E['I=*»!I*=l'4ii=*\!!a¢i|'I-I
8?
am. CDN STITUTIDNAL CDMMISSICIHS
Guarantwi of irlr1pTlpI1-:lrru'p rlrolfirlp:l for me Mr' Salaries may be increased by a stature but may not he
Fnnilirlllinn rn *hr 7 "`f»mmi*=1ir»n1 decreased during 1m:umbent's term of nftiae.
NUTE: The deenease is prohibited to prevent the

1. They are oonstltutionallgr'-created, may not be
legislature from exerting pressure upon the
abolished by statute of in Judicial functions. -Edmmlssinns by 'operating on their necessities."
[198? Eonstitutiom Art. Lk'-A., Sec I]
Salaries may be lnerleased, as a realistic reeegniizldn of
2. Eadt is conferred certain powers and functions the need that may arise to adjust the mmpensatidn to
which cannot be reduced by statute. use? any lnenease in the east of livl fig.
E'onstitutionl Art tx-3, Cord DJI
3. Each is expressly described as independent Inrm
,l"198? E'onstitutTonl An. fx-.4, Sec I]
Seven years unid'u::l1.Lt reappallltment
Ehairnlen and members are given long terms bf
office for se1.ren [T] years furor Eonstitutioii,
NDTE: Appointment to any vaeanqr shaLl be onlj.r for
Art /x-8a Cord Dl Sec Ii3'}.If
the unexpired term of the predecessor. In no case
5. Chairmen and members cannot be removed shall any Member be appointed or designated in a
except by impeachment or 98? Constitution, Art temporary or acting eapaoitj.-'_ use? Eo.rlstitutlonl Art
XL Sec 2] LI'-C Sec. If2J'1 '[1EI"8l'T, zoos BAR]
E. Ehalrlnen and members may nat be reappointed
or appointed in an acting capacity. H98? NDTE: A member of a Constitutional E-ummissipn may
Constitution, Art tx-3, Cold n. Sec I'l"2}j be extended a prlumulicmal appointment 33 Chairman,
the same must nut result in either exceeding the rural
NID'l'E: '.I'I.l"hen an ad interim appointment is not seven-3-'ear term of the member, our result in
enntirmed {as it was by-passed ar that there appnlntmenls which would be shorter that die
was on ample time for E-nmmissiun un prescribed term.
Al:lprJin1:mem3 m pass upon the same), aimlher
ad interim appainlmenl n1a},r be extended to the Requisites fur the eincdvn nneratiun of du:
apl:l0lntee wllhnul 1.nl0la1:1ng the Eunslitulinn. lrntal'i n1'Fl1 'irhtmf- nf ttrmi of H»l1'i1'ihl'finnal
[Mcrtibug H. Benipsjne, ER Na. 149836. A.p.ril' 2, n n mn ;
2002]
1. The orlglna] members of the Cnmmlssiun shall
T. Eaiaries oi'-chairmen and members are relat:l1.re]3r' begin 'Lhelr term_- D]"l a EDTl'll!'.l.'l]lYI date;
high and may not be decreased during
2. Any vacant,-' occurring before the expiration of
continuance in office. l'15l8? Eonstitutio-i:r_ Art IX-
the term shall be filled only Fur Me balance of
A, Sec. 3: Art xwfr, Sec. I?)
Audi term. {Repr.rbHI:' v. fmpeiial as Na. L-8684,
8. Commissions enjoy fiscal autonomy. l'15l8'? March 31, 15951
Constitution Art IX-A, Sec. 5)
Each commission may promulgate HE D'W'.l1 NDTE: The members of the Gnnxtltud-anal
procledura] rules, provided they do not diminish, Enmnlissinns have staggered terms:
:in-cnease Gt' moOtfgr' substantive rights [though
subject to disapproval be the Supreme Courtj. 1. To minimize the opportunity of the President in
(198?Eonstitunlonl Art. fx-J., See F) appoint during his lIIIW'lfll term more than one
member or group pf members in the
1-IJ. Ehalrnten and members are subject to certain
Eonstltutio nal -Co mmissi ons; and
dis)qua]iEcatio11s and In hibltlorls calculated to
2. To ensure continuity of the 'body' and1t_s policies.
strengthen their integrity. rise? Eonstitutioir,
Art fX-A See 2]
11. Commissions may appoint their lIIlw'lfl oElicla]s
-'l=I'Lii°l4~iiEI'Ii|l{hlI'LTL'-
and employees in accordance with Eivll ServiCe Dpr'i*¢inn-ma Mimi urn-:r"-v1 in l*1p'ip Hn mmi14in11»4
Law. [I98? Constitution, Art. Di'-."., Sec. 4]
iz. The Commissions follow the mtotionoi scheme 1. The esc, EGMELEC, and can shall decide matter Ur
or staggered' appointments and terms ofofiice. eases b:.' a majority rate of all the members within
sixty [60] days from submission. (See F ArL IX-A1
HUTE: The Supneine Court held that the 'no report, no
release' policy may not be validly enforced against EI. EEIMELEC may sit en .bane or in 3 divisions.
ofiiees vested with Esea] autonolny. without violating l:l. Election cases, including pre-'pmclamadon
Art. IX-A, 5er:. 5. The "automatic release' of app rued controversies are decided in diWsldn. with
annual appropriations to a Eonstitutlonal Commlssion motions for recdnslderatlon Filed wllh the
vested with iisea] autonomy should thus be eoltstrued -EDMELEE en bone.
to mean that no oonditlon to fund releases ]na1.r be The SE has held that a majority decision
imposed. l'C$C u. DEM, as No. 158791, My22, zoos; decided by a division of the EDMELEE is a
valid declsldrL
Salary
PDLITICAL LAW
ours; Pursuant in IEGMELEC Rules of Prueedure, 3. College degree ho]de.tl'; and

when the ECIMELEC en ban: is equally dl1.-'1ded in an 4. Nut a candidate in any election immediately
aplnlan and cannot have the required maJority. preceding the appninlnleJ'1L
rehearing shall be dune. If rehearing Is urlglnalh-f
1:nmn1e11r:ed in the Enmmlssiun and DO mainrity
NIJTE: Majerlqf of the members, Including 1:he
deelslnn is reached, rehearing shall be dismissed. In
Chairman, shall be members aflLhe Phllippine Bar who
appealed eases, the Judgment nr order appealed franni
have been engaged in Me praetjee -of law for at least
shall stand affirmed and the petition or mntl-nn -in all
len years. l'1.5l'8? E'anstituI.1an, Art. IX-C, Ser IQ);
inside fatal matters shall he denied. H»a'amertn Seville u.
enarerarg as HD. 282833, Mardi- rs, 2013]
Ennsljtuliunal puwnrs and functions it' the
EDHELEE 11991, 1998, IDD1 BAR]
2. As 1:1::]leg1a! bodies, each Commission must act as
one, and no one member can deelde a case Eur the
1. Fnjitrrce and administer all laws and regulations
entire mmmissian.
relative to the conduct of an eieetian, p]eblsl:ite.
3. Any dedsiun, order or ruling nfeach Eummlsslcm initiative, referendum, and veea]L
may be br::lug]1l In the SE in elertjarari by the
aggrieved l:"art§l.r wlduln thlrljr [30] days from Hate: CGMELEC may order the 1:nrre~l:tlr:l]1 of
receipt of a cup.'lr theveuf. manifest errors in the tabulation DT tallj.ring
results during the canvassing and petiduns Eur
MUTE: When the Court reviews a decision of Me this purpose may be filed dlrectlgf with the
EIIJMELE11it exercises extraordinary Jurisdiction thus, Commission even after the pruclamadun of the
the proceeding is ]1 noted to issues involving grave winning candidates
abuse of dls»cnet:lon resulting in Lack or excess l
Jurisdiction and not factual findings of the 2. Ererclse*
Commission. l"Arotu4:' v. comstsc as Ho. :.-49?05-aa,
FcElr'uor:l.= E, I5l?9'} El- Exclusive original Jurisdiction :her all
contests relating to the e]ect:lon, returns and
The appropriate remedy m Invalidate disputed qualifications of all elective:
EDMELEC resfnludans [i.e. Iinal murders, rulings and l. Reglonal
decisions of the EGIMELEC relldeled in the exercise dl' :ii. Pnovlncial
us adj udieatorlr DT quasi-ludicial powers] is eerdura.1'1 lli. Eltjr oFl'lclals
under Rule 65 of the Rules of EdurL {Lnnn.gI in. b. Exclusive appellate Jurisdlction ever al]
can-r£L£c. an He. 93586, Ds-l:'emtler22, J'95|2|,T contest involving:
l. Elective municlpa] officiaLs decided
-14-I414-I-1l1I.l;g1;=l.1.lrm1l=F»4nlr.r.'» by trial eourls of genera l
iurlsdl colon.
civil. SERVICE CDH?-'IISSIDN [esc] :li- Elective homngoy officials decided
by cc urls of limited j1.Lrlsdlctlon.
c. Contempt powers
[So dwcussjnn under inv in Puhffc Djiremj
i. COMELEC can exercise thls power
only in relation to 113 adj1.Ldlcatorl.r
CGMMISSI DN 0 N El. ECT] DNS [EDMELEE] or quasi-judicial functions. It
cannot exercise this in conneetlon
Eump-nsitinn ufLhe CDMELEE with its purely executive or
ntinlsterlal few nctio ns.
1. Chairman :li- If i t is a pre-proclamation
Z. Six [6]-Commissioners controversy, the EDMELEC
exercises quasl-
iud1cla|.e'admlnj strat:lve powers.
I!:l:l:ll1
ili- IIS jurisdiction over contests [after
Seven years without reappninmleJ1L proclamal:ion]. is in exercise of its
iudlclal functor-ons.
NDTE: I f t h e appeal fitment was ad lnterirn. a
HDTE: The CGMELEE may Issue wri13 of
subsequent renewal of the appointment dues nut
c'e.rtlom.l"{, pmJ'Jf!Jina::l. and mandamus in
vlpiate the prl::h1bil:11:l»n an neapppintmenu because nu
exercise M 113 appellate functions.
previous appointment was r:l:mErmed bl.* the
Eumlnissin-n an App-nintmenw. The 'tntai term of be-th
3. Den-:'lde, exile pl 1.11592 1n'unl1.rln.g the right to vote,
appnintnaents must nut exceed the T-year limit.
[Mntibng U..8'emlpayn. G.R Hn. 149036. A.zJr[I2. 2002] al] q1.Lr:stlrJJls aEecOng electlans, including
dete:l'mi11atlm1 of Wie number and lcl-r:ali1:m of
polling places, appointment of electlan aliidals
Wumifirnrinm
and lnspecmrs, and registration cnfmrnters.
1. Natural-born citizen,
HGTE: Questlnrls invulm-'ing the right to rate fair
z. At least 35 years old at the time of appnlntrnent;
within the lurisdicdan nfwdlnarv \:::III.Lrts.
89
am. CDN STITUTIDNAL CDMMISSICIHS
4. Deputize, with the concurrence of the President, The elTe1:ti1.-'eness of a government institution 1.-'ested
law enforcement agencies and lnstrunlentalities with quasi-j1.Ldlr:ial power hinges on HE authority to
of Me government including the AFP, for the compel attendance of the parties and,For their
exclusive purpose of ensuring free, overly. witnesses in hearings and proceedings. 5ue]'LIike. the
honest, peaceful and credible elections. conteos 1n1.-'estigatim-'e power to punish individuals
5. Ra,glstr'ol'ior:r of political parties, organizations, pr who refuse to appear during a fact-flndlng
coa]1tlons and accreditation of citizens' arms of investigation despite a prwlous notice and order to
the EDMELEC. attend, cannot be withheld, for it is an essentia] to its
6. Flll'e, upon a 1.fer1Eed complaint ar an i13 own oons1:itutional mandate to secure the conduct of
inidadve petitions in court for inclusion or honest and enedible elections. [Bed-of u. CDMFLEE; GR
exclusion of voters; investigate and, where Ho. Ir9esn, Deeemheréi 2nns}
appropriate, prosecute -eases of Wolations of
election laws, including acts or omissions Fuorlinn ufSEnatc Electoral Tribunal [SET\
constituting election frauds, offenses and
n1.a]pra-ctices. The SET has iurlsdi-ctlon to entertain and resolve two
types of electoral contests against a Member of the
NDTE: The grant of exclushre power to Senate: a] petition For quo wa.1':ranto. and b] election
iiwestlgate and prosecute cases of election protest Mutualljr exclusive, a petition for quo
offenses to the COMELEC was not by 1.r1]'tue of the warranto cannot include an election protest nor ca n
Ilonstltution but bi' the DEE which was an election protest include a petition for quo
eventually amended by Sec. 43 of RA 9359. Thus, warranto.
the DDI new conducts preIlmlnar1.r in1.rest:lg,a1:ion
at' election offenses con-cuJ'rent1],r with Me Any registered voter who seeks to disquallflr a
EDMELEE and TID longer as mere deputies. {.J'-use Member oldie Senate en the ground of ineligiblliqr or
Hague! T Armco U. DDL it of., ER. Na 199882, disioyralty to the Republlc of the Phillppines must tile a
September 13, 2812] petition fm' que warranto within ten [10] days from
the respondents proc]alnatioJ1. However, If the basis
T. Recommend to the Congress elfecdve rneasunes of ineligibility is on citizenship, 'Lhe petition may be
to minimize election spending, including Filed any tlme during Me respondents tenure; If the
limitation of places where propaganda materials ground is less of the required oualiiicati-ons, the
she]] be posted, and to prevent and penalize all petition may be Filed at any time during the
farms of election frauds, offenses, malpractices, respondents tellune. as SCIIIIIII as the required
and nuisance candidacies. qualification is lost. The petitioner may not be a
8. Recommend to the President the removal of any -l:a11didate. unlike in an election pretest, which is tiled
officer DI' employee it has deputized, or the only bl.* a candidate who du]!." flied a certificate of
imposition of any ether dlsclplinar'],r action, for candidacy and had been voted for the office if
'u'iolatlon of' disregard of, or disobedience to Us Senator. In an election protest, the filing period is
dl rectlre, order, or decision. thirty.-' [3D] days from pmstestefs proclamation
9. 5r.rlJmit to the President and the Congress a
comprehensive report on the conduct of each Under the 2013 Rules of the Trib-unaL Joint election
election, pleOiselte, lnltiadre referendum, or protests El.['*E nut allowed, but for grand and suMelenl
recall. reasons, the Tribunal may order the onnsdlidatlnn of
Individual prdtesE, hear, and decide Them Jdi nllj,f.
Rr*ml'rlv of 4 di¢1ari¢EM part in flp¢'rinn raws
fir~:in-rl no Il'lIP nuns l-EF: in4ivi¢inn CGM!-'IISSIDN CIN AUDIT [CDA]-
The dissatisfied party may file a motion for

reconsideration before the EGMELE-E en bane. If the en *'1rlllw»=i\i-14 of Igor runs,
bonds decisimi is si]] not favorable, the same, in
1. Chaurman
accordance with Sec. 9, Ari; IK-A, "may be brought to
tJle EC on r:e.l'tior'ori 1Ad1il1n 34] :lays from oeoeipt of 2. Two [2] Ecimmissln]lers
copy lbereoti' 4"8e_1."'s v. 8TCof Drientol' Mindoro, ER.
No. 10-8836. Moy E I995] Irrm
HBTE: The fact that decisions, Hoa] orders or r'u]1ngs Seven years witJ'L::III.Lt reapl:»4:»l11tment
of the CEIMELEE in clontesm in1.roI'L-'ing e]ect:l1.re
municipal and bsmngoy offices are Elna]. ercecuizocy Qual ificaiiuns
and not appealable, {198? £'onsnlLr.l'tion, Ant IX-C, Ee-c.
21'2,n does not preclude TECIIILIFSE' to the 5E by wsgr of 3 1. Natural-burn eitlzen,
special civil action of certiorari. (Solids u. EIJMELEE 2. At least 35 years old at We time of appni ntrnent;
G.8. Ho. 95346, lonuorju 18. 1991) 3. Certified Public Aeeounlant with nat less than
len years of auditing expel:lenee. nr member of
CUME[£C ran plcpr-riir* ir'-z pnwpr of *:'nntp1'M'lt in the Phllipplne Ear who has been engaged in the
r1'rnl1¢'rt1ln1'\ wi*l1 in f111'\rIi='\l1~1 3'-z *it Hminrlal praetiee of law; and
Et rd of 'L1an\f=11~u~r'~ rluril1=L the r-[p{'1'i Arni
Eli]
202 1 EDLDEN NIJTES
PDLITICAL LAW
4. Nut a candidate in any e]eMun lmmedlalely Hill rrfRiF=|1r1

'ptwaeding the al:+]:mintmenL
It is a set of preocrlptions setting forth me
NUTE: At DCI time shall all Members it' me fl.Lndan'u3nta] clvi] and political r1g:l1I3 of the individual,
Eammissicl-n belong to Lhe same pmfessifin. .l'I 5l8F and imposing limitations on 81: powers of
End:tituHnn. Art Dc'-D, Sec Ifljj government as a means of 5EfLll'iT1E the enJo].rn1e]1l of
those right.
Pnwpr~ianl:l=:lulir1 of ERA
The Bill of Right governs the telalinnshlp between
1. Examine, audll and settle al] aer:oLLn13 pertaining Me lndividua] and the Titrate. 113 concern is not me
m revenue and reeeipls DE and expenditures or lelatl-an between private individuals. What II dues 13
uses of li.Lnds and property owned or held in la declare some fcrbldden zones in the l:+1'i"lfate sphere
llrlI5t DT pertaining [0 government. inaccessible to any power holder. [People u. M a rt i GR
2. Keep genera] accounts of govuermnent and Nu. 815-51,1011-urlry' 18 I991,l'
preserve vouchers and supporliiig papers.
{2l]15' one]
3. Authority to define the scope of 18 audit and
e:l»:an:1nat1on. eslabhsh techniques and methods The Eil] of Rights cannot be invoked against private
required lhereln. indiWduals. In the absence of guvernmenta]
interference, the ]ll:lertles g'Llaranteed bl.f tile
NDTE: The p-ower of the -Commission to del'lne the Elnnstilzulinn eannat be invoked. The equa] prnteetlnn
slope of Hs audit and to prornuigjate auditing rules erect; ne shie]d against private ee-nltlulL't, however
and regulations and the power to disallow diacriminat-nr'.or DT wrongful. {l"m:e.gu.u. v. PAL, ER. Nu.
unnecessary expenditures is excusive but HE 168081, Getcrber I i 2088]
power to examine and audit is not exr:]1.Lsi1.re.
[Development Bank of tire Philippines '|.'!. CommiSsion MUTE* However, where the husband invoked his right
onA.Lrd'IL ER. No. B8435.januoi}r Iii 20021 la privacy of cdmlnunlcatiun and CDI'l'E§l2ICIlfldE]ICE'
against a private lndi1.nldua], his wife, who had Ednciblyr
4. Prnmulgale a1;w:nLlnt:lng and auditing rules and taken from his cabinet do-cumenls and private
reglilalinns, including thus-E Eur pre1.I1entlr:l11 and cclrrespd cadence. and presented as evidence against
him, the 5'LLpt*en'le 'Edurt held these papers are
dlsallnwance. {/98:? Enr1:t{tuLI'nrl. Art Dc'-D, Ser.
inadmissible in evidence, upholding the h1.Lshand's
21 right to prlvaqr. {ZuJ'r.retc! je EA, as. No. 109983,
-=li=*HI[=1ll=4'l'HIl*=1~'HI{ll=!=l*1l~ _ Febmnrj-' 21 1996]
Na member of a Gnnstltutlnnal Cnnlnllssuun shalL

_ - A4=lu.lr.r.'i:.l=lrl.s41.wlra:»»_
during his tenure:
The P]'dlipl:1ne Bill of Rj81Is "estahllshes the
1. Hold any other aFHce or employment
nel.at:l-lnnship of the individual to the Stale and defines
the rlgh13 of the individual by Jimlling the lawful
2. Engage in the practice of any prnfessltm p4:lwers of the Stale." [.5'm}th. R., 1945, The PJ'til'llpp[ne
3. Engage in the active management and centre] of sin l:Jj"Ri.lrl'1Ii .45s0r'}4:Mlnn ,litrr Asian Studies]
any business which in aJ1_1.r way may be affected
by the funcdcm of his nfii ce The Universal Deelaratiun of Human Rights [UDHR]
4. Be financially interested, directly DI' lndiree83.-'. inspired a number of-Ennslitutinns of diffenenl Estates.
to any enn1:ral:t with, DT in any franchise 12l-t' In Lhe Philippines, Articles III and xlII et the
pt'l'ui]ege granted b*j,r the Government, any of its [Ln nslillLI1nn safeguard the rights of the people wnmn
subdivisi-uns, agencies DT Instrumentalities, the State. While the Cummissin]i on Human Rlghl3
including Gciccs ar their subsidiaries. {199El, [EHR] ensures the prnteetlnn of human rights as
z ms B A R ] guaranteed by the BM of Rights.
Eurlulsn
1. To compel Me chairmen and members of the Due prnccss clause {1992, 1999, IDDT, 2009 BAR]
Constitutional Commissions to devote their full
attenlimt to Ute discharge of their duties; and Ho pelsnn shall be deprived of life, liberty, nr
properly without due process of law, our shall any
2. To remove from them any Demptation to take
person be dlenled the equal prl::teL't1lrJJ1 of the laws.
advantage of their official positions for selfish
purposes. {ifS'8.'7 Canstlturfcrn, Art Hr, Sec. I]
I |-
lx.BlLL DF RIGHTS it. *ND r r
l I I l .I 1
91
lx. ElLL DF RIGHTS
The r1g]1l to life is not merely a right m Me by the established principles of private rights
preservation of life but also to d'Le security of the and distributive iustlee.
limbs and organs 0E the human body against any 3. Pmteet pmpel'tg." From confiscation by legislative
unlawful harm. enaelmenu from seizure, forfellune, and
destruction wlthpul a trial and cunyietlun by die
This constitutional guarantee includes Me riglil of an ordinary modes nfjudiejai procedures. [.'.i'u1:rre8
individual to pursue a lawful calling or o-ocupatlon; to ZETIE]
express, write or even paint his ideas for as lung as he
does not unlawfully transgress die rights of osiers; to Ki1'lfl'-I nt our pro-rp'-ri
elicenelse his fheedoni of choiee,- -whether this is in the
1. 5ubstanljve Due Pru-cess
3l'E'3. of p-olllios, religion, marriage, philosophy and
employment or even in the planning of his family; and
2. Prmzedural Due Process
in general, to do and pe1'for:m any lawful act or activity
which, in his iudgnient, will make his life worth living. l 44-:-l=-1f¢=w:--l~tII=~1\w~n':4-umm-:-=»».
[Suarez 2016]
The rigor to Ii.fe D'IJI1'l.IZII!IEl!11*ES upon 'eoneeptlon, that

15, upon feMliuUon. I-len-ee, the obligation upon the
State to 'equally protect the life of the mother and the mis serves as 3. 5er1.-'es as a
life of d'Le unborn From conception' and "to prevent restriction un the nestl'1-clinn un
'Lhe Legislature from enacting a measure legalizing governments l8W actions of il.Ld11:lal
Purpose and rule-making and quasl-ll.LdicL9I
abortion." (See IZ, Art H, Jae? Con5ti'tution; In bong L:
Des-oo, ER No. 204e151 .4pll'il' 8. 20141. l:"-wers. agendas of To
government..
Right to 1.ilu=r"¢
I. interests m 1.lmp-artial mu; . I:
It is not only the right of a citizen to be free Ei'll:lm the Lhe public iTI tribunal dod Ltd
meme phyrsleal nestTainl of his person, as by general, 31: with i.udiclal
incarceration, but Me term is deemed to embrace Me distinguished power m hear
right of the eitlaen to be h'ee in the engagement it' all from diose of a and determine
his faculties, to be free to use them in all lawful ways. particular class, the matte is
{.4.l'fege.}"r vs. Laufslannn, 165 Lr.5. 5:?8, January 6, oequlre the before it.
I85IFj' i:l'l'[ET'l.I'E]1l[iDTl of
the stare. 2. jurisdiction
Right tu- Prupcrtv properly acquired
2.The means owl' the person
It refers to things which are susceptible of employed are of the defendant
apprdpriadnn and which ace already possessed and reasonably and ever
Requi-
found in the pussessidn of man. [5'uorez8. 2016] necessar am property which |.
sites' .1.r
the the Rubie |
-»l5ll\'llHllillll3IH=flflBES_ accomplishment matter ot' 11:

of the purpose proceeding.
and not unduly
`l'lll,l\ !".l'll'll".q n'1.1\-.;Inq-. oppressive upon 3. Gpportunlity to b
individuals. heard.
1. There shall be a law prescribed in harmenjr with 4.]1.ldg;lt1ent
the genera] l:l-nwers of the legislature;
rendered upon
2. It shall be reasonable in lls -nperatlmi;
lawli.LI bearing
3. It shall be enforced according to the regular
metlieds of procedure prescribed; and and based an
evidence
4. It shall be applicable alike to all citizens of the
adduced.
State nr to all of a class. (People U. Eayat, as Na
L-45981 Hay 5, 19391
Eurnnse
It requires the intrinsic 1.ra11dit§,r of' d'Le law in
The due prueess cause is a guaranty against any kind interfering with the rights of the person to his life,
of abuse and arbitrariness, by anyone in any of 'Lhe liberty, or property. If a law is invoked to take away
branches of government More speell1r:aIll.r. the one's life, liberty at p1'opert'.y, the more specifier:
purpose of the due pnncesxs clause is III: 'IIll]'DE]']1 of substantive due proc .;.x :is not to End out
whether said law is being enforced in accordance with
1. Prevent undue enema~:hment against the life, procedural formalities but whether the said law is a
liberty and property of indhrlduals proper exercise of legislative power.
2. Eenure the individual from the arlJltrar8.r
exercise of powers of government unrestrained
PDLITICAL LAW
NDTE: Publicatlon of laws is part of substantive due NDTE: The Bill of right is not meant m be invoked
process. It is a rule of law that before 3 person may be agailtst and of private individuals like emplog,-'e1's.
bound by law, he must be oEfic'la]l1.r and specifically Private actions, ne matter how egregious, cannot
informed o f i s conten& For the publication violate eonstltutl-ona] due poocesa
nequinezrnent, "laws" refer to all statutes, including
filose of local application and private laws. Thls does EPM* whpll rl11t prurw-='4 i'-= nntnh'ipwpd
not 'EDEPEI' internal regulations Issued by
alcinlinlstratlve agencies, which are governed by the The cardinal precept is that where there is a violation
Luca] Government Code. Publlcation must be full, or of basic constitutional rig]'Lts, eourls are ousted from
l i l l e is none at a]]. [Triode us. Tuvero_ ER. No. L- their jurisdiction. The violation of a 1:lla1"t'5""s right on
639/5, December 29, 1586; due process raises a serious iucisadi-ctlona] issue which
cannot be glossedover or discegacded at will.
Q: The Eitjr of El-'Ianila enacted Drdinance ?7B3, Where the denial of the fundamental right m due
which prohibited the establishment at operation prneess is al:]:lareJlt. a deelsinn rendered in disregard
of business 'providing certain Inrlos of of that right is 'auld for lack of iurisd11:tinrL This rule is
amusement, entertainment, services and facilities equally 1:l'ue in quasi-Judleia] and adrninist:rat1'ue
where women are used as tools in entertainment prnceedirigs, for the ennstitutlnnal guarantee that nn
and which tend to disturb the community, am fog man she]] be deprived of life, libertjl.r, ar 1:lr'll:lpert3."
the inhabitants and adversely afleet the so-cial and without due process is unqualified b.',r the type of
moral welfare of community." Dwners and p-rneeedings [whether Judjeial or admjnlstrat:l1.re]
operators concerned were given three montbs to where he stands to Inse the same. {Gar¢-:ia 1.-'. Melina
wind up their operations or to traosier to any and ifefascn, ER. His 1593E.8' and I?4I3:?, August IO.
place outside Ute Errnita-T-'lalate area, or convert 2010]
said business to other kinds of business which are
allowed. Does tbe ordioanee violate the due Ender of Waiver nr E irnppvl
process clause?
Due process is satisfied when the parties are afforded
A: rss. These lawful establishments may only he a fair and reasonable opportunity la explain their
regulated They cannot be pnohihited from carryln8 respective sides of the contnovergf. Thus, when the
on their business. This is a sweeping exercise of p-olice party seeking due process was in fact given several
power, which amounts to lnterferen-oe into personal opportunities to tae heard and air his side, but it is by
and private rights which the court wil] not his own fault or choice he squanders these chances,
countenance. There is a clear ln'uasion of peisonal DT then his cry for due process must fa1L
property rights, personal in the case of those
individuals desiring of owning. operating and Relativity' nfduc process
patronizing those nloteLs and property in terms of
inyestrnenls made and the salaries in be paid in these Relatlvity of due pmeess arises when the deflnltinn of
who are employed therein. If the City of Manila due process has been lefttn the best judgment of our
desired to put an end to prostitution. fornication. and iudielary considering the peculiarity and me
other social ills, it can instead impose neasonahle circumstances of each case.
neguiations such as daily inspections of the
establishments for any violation of the conditions of In a litany of cases that have been decided in this
their licenses or permits, it may exercise ins authority iurisldietibn, the enmmbn nequlrement to be able tb
to suspend or revoke their Licenses for these ebr1fbrm to due prneess is fair play, bespeet fer iuMee
1.rlolations, aild it may even impose increased license and respect fur the better rights bf bthers.
fees [City o,I"!-:lfoni[a in. Loguio, or, is. Ho. 1131234 April
12, 2085] In accordance wheel the standards of due process, any
court at any particular time, will he well guided,
Cunstitutinnal vs. Scatumnf Due Process instead of being meceiyr confined slrictiy to a ln*elL'13e
definition which may or may nat apply in every case.
The relaliviq,r of due process requires a reasonable

degree of flexilli[lity in applying praeedural due
P sects Me individual whee found in Ure Labor' process. Thus, not all sil:LLatlu11s calling far prncedura]
Emm the gave rJlme11t Imp]ementing safeguards cal] for the same kind of prueedure.
and assures him nfhis Rules, 'ii
. protects
A determination of the precise nature of the
rlgh13 in trimi al, r:11.I'll emp]nyees from being
ar admlnlstr'atl1.re unjustly ` terminated government E1.Lnt't:lon involved as well as of the lprlvate
prcmeedlngs. 'without lust cause after interest that has been atTel:11ed be governmental got:l-on
hearing. must be oona defed in determining the application of
[Agahnn I-". MLRC. ER Na the rules of procedure. [Cafeteria 8 Restaurant
158693, November ;I=i',. Workers' Union v. MrEImy, 36? U.5'. 886, Jfnrne 19, 1981]
2|5||l'J'4JT
To say that the concept of due process is flexi:]e does
nut mean that judges are at large to apply it to and and
93
lx. ElLL DF RIGHTS
al] relationships. Its Elexiblliq.-' is in i13 scope Anne II rerdnsideratjen of the action or ruling cdmplalned of.
has been determined that some pnoeess is due, it is a "To be heard' l:ia-es not mean only verbal arguments
reeognitzion that not all situations calling for in eeurl; one may be heard alan thru pleadings. Where
procedural safeguards for the same kind of procedure. opportunity td- be heard, either through oral
l'!l-:lto.r'rJ'se.l" H. Baewen 4-U8 us. 45-'I, June 29, I5l?2} arguments or pleadings, is accorded, there is ne denial
of procedural due process.
1» "I II' II' rII
When del Rosario filed her motion for reconsideration
assailing Secretary Pangandalnan's order, she was
Procedural due process is the aspect of due process
able to completely and exhaustively present her
which serves as a restrlctinn in actions nfjudlcial and
arguments. The denial of her motion was an the basis
quasi-Judlcia] agen-cles of the government lr refers to
of the merit: of her arguments and any ether evidence
the meUlml and manner Br which a law is enforced.
she was able on presenT_ She was given a fair and
reasonable opporm nltgr to present her side; hence,
The* l'und-1mpnta1 r-lpmpnr*= of prn-wrlm1ral [inr- there was no del:lrlvatlon or due process. l"RCmigin
uru-cess [N-D-J]
Espiritu v. Luooordo Del Husain, ER No. 204s.s4,
Dctober IS, 2i:L1:4, is penned by I. f.E£}NEN}
1. Hndce [to be meaningful, must be as to time and
Due process in extradition proceedings
plane] ;
2. [1ll:lprJ1't'l.Ln1t1.r to be heard, and
ffiee ExtmdiNnn sefrlnn under Public International Law
3. Cu url,l"lrlbu:rlal must have jurlsdicliun.
fnr d'lsr:usslan}
Q: Del Rosario filed an application for exemption

Q: A complaint was Filled against resp-n n-:lent
widl the Department ofrigrariao Reform, seeking Camille Gonzales, then Chief Librarian, Eataln-g
to exempt Lot Nos. B54 and B55 from Me Division, of the National Library for dishnnestgr,
Eoeriprehensive Agrarian Reform Program [EARP'.l'
grave misennduct and mnduet prejudicial to Ute
coverage. Secretary of Agrarian Reform Roberto
nos: interest of tlte seririee. 'File DEES investigating
M. Pagdangaoan [5eL'retar§,r Pagdanganan] issued
committee was created to inquire into the charges
an order Eraming the application for exemption against Gonzales. Is she entitled to be informed of
but it later on issued anotlierorder revoking it. the findings and reeemmendatinns al Me
inwesNgating eammittee':r
Thu order resfoldog Me grant earlier given to Del
Rosario- was not sent to Asperilla's address in A: run. It must be §:ressed that the disputed
Cubao, Quezon Eitgr, which was her address on investigation report is an lrltel'Jlal communication
record. Del Rosario alleged that she onl].r came to between the [HECS Secretary and the Irwesdgatzlon
know of the order when the Provincial Agrarian Committee, and it is nat generally intended for the
Reform llfiicer of Parnpanga handed her a copy of
perusal of respondent or any other person for diet
the order. She then filed her motion for matter, except the 0Ec.s Secretary. She is entitlled only
reconsideration of the order. Acting on del to the administrative der:1slo11 based 011 substanda]
Rosario's lotion for reconsideration, Secretary euldenm made of record, and a reasonable
Paogandalnan found that the certifications issued
opportunity to meet the charges and the eviden-oe
be the Housing and Land Use Regulatory' Board presented against her dII.LrlJ1.g the hearings of' Me
classified the landlto ldings as agricultural before investigation committee. {PeHonco U. Moral, GR. Na
]one 15, 1988. Based on the ocular inspections 132248. January 19, mrs;
conducted be the Eenter for Land Use Policy,
Planning and Implementation [ELl.lPPI], die land
remained agr'icultural and was planned with sugar Q: Cadet 1cL Cudia was a member -of Siklab Diva
cane and corn. Accordingly, Secretary Elass of 2l]14 ui the PMA. Pmt Bering issued a
Paogandarnan denied del Rosario's olotioo in the Delinquent Report [DR] against Cadet 1131. Eudia
older . Del Rosario filed a notice of appeal before because he was late far two minutes in his class.
the Dflice of the President [DPI.L Through then Eudia reasoned nut that: "| came direedy from
Deputy Eiceculjve Secretary for Legal Affairs DR-432 Class. we were dismissed a bit late be our
Manuel B. Eaite, the op rendered tlte instructor 5ir.*
decision dismissing the app-eal for lack o fnierit.
The Company Tactical Dfticer [ETD] ofiladet 1tL
Was del Rasarin denied due p-rn-cess when the Eudia penalized him with demerits. Cudia
older of Serrntaljr Pangjandaman was addressed his Request for Reronsideratioo to his
'errunenuslgf senttn anodifr address":l" Senior' Tactical Gflirer [STD], but the STD
sustained the penalty. The CTG reported him to
A: Tm. The essence of procedural due process is the PHA I-[onors Committee [HE] for violation of
embodied in the basil: requirement of' notice and a the Honor Eode. When The members of the HC
real opportunlly la be heard. In adniinistradve casted Their votes through secret bajloting, the
proceedings, such as in Use case at her, pnoced Ural due result was B-1 in favor of a guilty," verdict. After
process simply means the opport1.Lnit1.I' to explain hirther deliberation, the Presiding Dftieer
one's side or the opporluniqr to seek a announced the 9-D guilt].r verdict Eudia contested
PDLITICAL LAW
the dismissal as being vi01atiT\ff ul' his right to dun

process.
Uppart un to . l '1: l. . l .l
ESSEII-IFE
Was the dismissal of Cudia a denial ¢1f his right to explain. :mfs sm!
due prnccss?
Ilsually .ran.4.1 Submission of
A; NO. Due process in disciplinary cases lnurolvlng seeking d pleadings and
students does not entail proceedings and hearings .!l:nnsidera1:1-nn of :raj arumems
similar to those prescribed for actions and Mum be ruling nr We
proceedings in mum of Justice; that the proceedings mint: l a k e , DT
Maj' be summary, that cross-examination is 1'l.01 an appeal in a
essential part of the 1n1.-'esligation or hearing; and that §LlpET1l]l' authnrityr
the required pro-of in 3 student disciplinary action,
which is an admlnlslratlve case, is neither proof Required when due Both I.
beyond reasonable doubt nor preponderance of administrative cssentlal:

evidence but only substantial evidence ar 'sud l1rJdJ.r is exenclsing
relevant evidence as a reasonable mind might accept quasi-Judicial 1. Notice
Notice and
as adeq uale to support a conclusion." fLLnr:tlan. {PFu`HE'nm- 2, Hear1'ngI
Hr:-nHn.g
~'0r mr...4J'4:'r.rl:l3, ER
.l'D. 34313,
WTLat is crucial is that ::Mr:1a] acl1ll:111 must meet
.'llev:1emher /34
minimum standards. of fairness to the lnd11.riduaL
1539)
which generally encunlpass the r1.g]'Ll of adequate
nutlce and a meaningful cppurluniqr to be heard.
NDTE: her' jirrthet d:sl:us5i»nn UA' numinictrntéw J..rl..rE
It is not required that procedural due process be Process' under .idminlstmriue Law.
afforded at every stage of developing disciplinary
aetil::mL 'What is required is that an adequate hearing rIuv nrf1rr~1'4 in arafifmir and :1i1'"ir\1il1ar\'
be held before 'Lhe final act of dismissal ,rcumn v: lllilorrliillgi
Superior tendency of the FHA as Nor. 21/362, Februmgr
24, 2015] Parties are bound by the rules gdvernlng academic
nequlnemenls and standards of behavldr preserved
-I||1'Il*|JI|I1[=1=Ii{|1'*'b'- by the edueatiemal institutldna Resort to euurla is
availableto parties. flduams and Suzann v. St
Wh r liie r in civil or cruminai judurjal pmceednngs, due Theresa? Eaffeye, ER. Nu. 203686, September 29.
profess reqLljl*es that Mere bE: 2014]
1. An impartial and disinterested erfurt r:ll:ldled by run- nr¢1rp*l'4 fol »:lpnf'»r*atin1'1 nrnrvvrlimai
law with authurlty to hear and determine the
matter before it; Although a deportation proceeding does not partake
o f t h e namre o f a criminal action, however,
HDTE: The mst of impartiality is whether the considering that it is a harsh and eldJ'aordinar},f
j1.Ldge's intervene-an lends to prevent the proper administrative proceeding affecting die freedom and
ppesentadan of the ease pr the ascerla lnment of liberty of a person, the constitutional r ig h t o f such
the truth. person to due process should not be denied. ThILI.S, the
provisions of the Rules of Court of the Philippines
z. Iur1s)d1IL'tll:m 13wM]y aoqulved ll:l1.rer the defendant particularly on criminal procedure 3.l'*E applicable to
D r the property whlr:]'L is the subject matter of the dep-ortatl on proceedings. (Loo Go' U. CA, GR. Ho. sires;
December25, I 989]
proceeding;
Q: Scheer, a German, was granted permanent
3. Nntlce and appd:rtunlt'.g,-' ta- be heard be given to resident status in the country. In a letter, Vice
the defendant; and Consul Hippelein informed Me Philippine
Ambassador to Germany flat the respondent had
4. Judgment to be rendered after Lawful hearing, police records and financial liabilities Io Germany.
e]earl!." explained as to Lhe factual and legal bases. The Beard of Commissioners [BDE] thereaNer
war; we Las? Ennsntuliniq, Sec: I4j' issued a Summary Importation Under. lt relied en
the currespo ndeoce from the German Vice Eunsul
-f!M.lll5Il*l lrkilhllalillllu rhfdr.L~4. en its speculation Mat it was unlikely that the
German Embassy* will issue a new passport to the
(See dikrussinn under Adminikrm Hue I.awl respondent; on die warrant of airest issued be the
.4dminfstmnue Due Process] District Court of Germany against the respondent
for insurance fraud; and on the alleged illegal
Mlfnini'-rlralivi' ac. ["d'il'f=['l' rlwr TwH-:'p1'a activities of the respondent in PalawanL The not
concluded that the resp-ondcnt was not only an
95
lx. ElLL DF RIGHTS
undaeumented but an undesirable alien as well. is Thls test is applicable for eeonomle, property and
the Summary [:el:-nrtraiiun Drder is valid? eommenzlal legislation. [I-'I-'hire Light Corporation
1-l'_ my aj"!-:Fr:|ni{aJl'
A: HD. Section 38'[c] offlommonwealth Act No. 513, as
anlended, provides that no alien shall be deported 2. l'::rrerm-ed'ante review - The substantiality of the
without being informed of the speclllc grounds for governmental interest is seriously looked into
deportation or without being given a hearing under and the auallabillqr of less rlesnietlve alternatives
rules of proc-edure to be prescrlhed be the is considered.
Commissioner of Immigration. Under paragraphs 4
and 5 of Dfiicle Memorandum Eluder Ho. 34, an alien 3. Strict suNny - The Enc us is on the presence of
cannot be deported unless he is given a chance to be ctlrnp»e]lln.g, rather than substantial governmental
heard in a ful] deportation hearing, with Lhe right to interest and a n t h e absence of less restrictive
adduce e1.rldence in his hehal.f .The respondent was means fur achieving TJ:\at interest. [Separate
not afforded any hearing at a]L The BDE slniply npinfnn of Justice Mendoza in Estrada u.
concluded that the respondent committed insurance Eundfganhayun, an Nu. 148565, February 26,
fraud and illegal act11.rltles in Pala van without any 2002]
evidence. The respondent was not afforded a chance
to refute the charges. He cannot, thus, be arrested and Ynid-Ihr-Y=u11lpnt1c llnrtriup
deported without due pnocesa of law as required Br
t.he Bill of Rlghl3 of the Eonstitution. [Domingo je A law is vague when it lacks enmpnehensive standards
Screen ER. No. 15-194i January 29, 2884] t h a t m e n of Dl]['l'l]"IC'lDT"L intelligence must necessarily
guess at lu ['Cllf\l1MI'JT1 meaning and differ as to its
lnatan-rw: when hparim8=a are nor npfp'4'-Ian' application.
1. When administrative agencies are exercising In sudan instance, the statute is repugnant to the
their q'uosi-]egis]ati1.-'e l'LLnetions; Emlstllutlrnn because:
2. Abatement of nuisance per se,
3. Granting by oouris of provisional remeOles; 1. It violates due process for failure to accord
4. Cases of p rem-'entlve suspension ; persons, especially the parties targeted by lt, fair
5. Removal of temporary employees in the notice of what conduct to avoid, and
governmentservlee, 2. It leaves law enforcers an unbridled discretion
6. Issuance of warrants of dlstralnt and..»'or le"."l.I' Br in Carr.8fln.g aut 113 provisions. [People U. de is
the EIR Commissioner, Fig-edrd, ER. Ho. I23??5£ lonuorju 24, 2001.l
T. Eancellatlon of the passport of a person diarged
with a r:rlme; and The Supreme Court held that the doctrine can only be
8. Suspension o f a llank's operations h}l.r the invoked against Mat species of legislation that is
Monetaryr Boartl upon a prima jizrcie Tin-ding o f utterly vague on its face, 1.e., that which cannot he
liqulditg.-' prtlblen'ls in such hank. clarified either Br a saving clause or by construction.
(Estrada lr..S'ondiponboyon. is. No. 148560, November
Q: Dnclinanee 6531* of the Eitj.r of ll-'[aniJa makes it 19,2081j
unlawhll for DDII' Filipino citizens m be employed
nr to be engaged in any kind of trade, business Ur The void-for-vagueness doctrine cannot be used to
neeupatinn within the City of Manila, without impugn the validity it' a criminal statute using "facial
securing an employment permit from the E4-'lajrnr-of challenge" but it may be used la invalidate a criminal
Manila. is the erdinanee unennslitutienaJ" statute "as applied' to a particular defendant
A: YES. The -nrdlnanee is url:nnstimtlnnaL Whlle it is Q: ]'!lall.fotas Eity, City of Manila, and Quezon City
true that the Phlllpplnes as a Stale is not obliged to started to strict implement their respective
admit aliens wi1;hl]1 113 terrltnry, once an Allen is -curfew ordinances BH minors through police
admitted, he cannot be deprived of life wlthnul due operations. Petitioners argue that the Curfew
process of law. This guarantee includes the means of Drdinaooes are unconstitutional because they
llvelihand The nrdinanee amnunls to a denial of the result in arbitrary and discriminatory
basl: right of the people of the Philippines to engage enforcement as Uiere are no dear promrisions or
in the means of llvelihnnd. [Mayer 1-'Tffegas u. Hlu ENding detailed standards on how law enforcers should
TsniPaa Hum, ER Nl:IL L-25ll6415. November IQ 19F'8} apprehend and pro p-erty determine the age of the
alleged curfew violators, and thus, fall under die
11uIJ\'1 void for vagueness doctrine. Is the petitioners'
contention proper'
1. Deferential review [at Riilticl-nn! BasiS Test) - Laws A; HG. The 'udld for vagueness doctrine is premised un
are upheld if they rationally further a legitimate due process ednsclderatidns, which are absent from
governmental interest, wlthnut enurm serlnusly this particular claim. Petidaners fail to paint nut any
inquiring into the suhstantlalitg.-' of such interest aml:dg1.ldII.Ls standard in any of the provisions of M e
and examining the alternative means by which Curfew Drdlnances, but rather, lament the la-ck of
the abjeetlves enfold be ar:]'deved. detail on haw the age of a suspected mlm:lr would be
determined. The mechanisms related to the
PDLITICAL LAW
implementation of Lhe Curfew Glrdinances are, NDTE: The rlghls and Interests of the State in these
however, matters of polio 1d7lt are best left for dte things are nut simply ]:m]i1:ieal but also p1'l::prletar],-' in
political branches of government to resolve. '1"erlly, nature and so eitlzens may 1awEl_llIlr be given
the otiiective of -curbing unbridled enforcement is not preference mer aliens in their use or enil:8l.rmenL
the sole con.*.ide1'ation in a void for vagueness
analysis, rather, petitioners must show that this Fla liwal-r [nr allnwing- in plc¢'plllinnal ra1rL1¢ valid
perceived danger of Ltnblrldled enforcement stems l'1=w~1+Er'=l1'i in lvllpd on r"i1i'1p1'\*altil;
from an anlt:dguolJs provision in the law that allows
enforcement authorltlcs to second-guess If a Aliens do not naturally possess the sympathetic
particular conduct is prohibited or not prohibited. consideration and regard for eustamers with wham
they eiame in daily contact, our the patriutlr: desire to
Besides, petitioners are mistaken in claiming mar help bolster the natl-cm's eeanemy, except insofar as lt
there are no sufficient standards to identify suspected enhances their presEt, nor the layaltjf and allegiance
curfew 'urlolat-ors. While lr is true that the Curfew which the national owes to the land These limitations
Glrdinances do not explicitly.-' slate diese parameters an the quallNeatjnns of aliens have been shown an
law enforcement agents are still bound to follow the many ueeaslans and Instances, espeelally in times of
prescribed measures found in statutor.=,f law when r:risls and emergency. ffchong U. Hernandez, ER No. L-
implementing ordinances. Specifically, RA 9344, as r s s s . H i 3/, 19591
amended which provides the mechanisms for the
determination of age. (SPARK, FL of. vs Quezon Ellt}"'. "il3hllllwulu-181144'-.IIII1uEL1aIuf»£ilII1!
GRNo. 225442, Aug ost 08 201 ?1
I I IIMI=hl1H=hHIli5Illil=l*.IL H The classlficatiull must [5-E-Ex-A]
-lnfulfluai2il[;l1IIlidlurhlluauuhTJ11!:l£i£!»» I 1.
2.
3.
Rest on substantial dlistlnelions;
EE germane m Me purpose of the law;
Not be limited to existing conditions only; and
All persons or things slmilarljr situated should be 4. Apply equally to all members of the same class.
treated alike, bath as to rights conferred and (People v. Color, GR. No. L-459352 Moy 5, 19391
nesponslbllitjes imposed. It guarantees equalitl.r. net
idendtjr of rlghw. It does not forbid diserlmination as Q: Rosabe Garcia filed a case against her husband,
to persons and things that are dllfenent. What in [esus Garcia, for violation at RA. 9262. The RTE
forbids are distinctions based on impermissible Men issued a Ten1porar}r Protection Drder. lesus
eriterla unrelated to a proper legislative purpose, or argues that R.A. 9262 violates the guarantee of
class or dlsl:riminat-or],r legislation, which equal protection because the remedies against
discriminates against some and favors others when personal violence Uiat it provides may be inuoimd
botl'L are sintilarlyr situated. only be the wives or women partners but not be
Me husbands or male partners even it tlte latter
Q: Et] 1 was issued by President Aquino to could possibly be victims of violence b].r their
investigate reported eases of graft and eruption women partners Does REL 9262 wnwc] violate
at MeArmw administration. is such action valid? die equal Me protection clause of Ivie
Eonstitiiljon?
A: ND. It must be borne in mimi that the ArTo},-'o
adniinlslratlon is but just a member of a class, that Is, A: no. RA. 9262 rests on substantial dlnlnedon.
a class of past adniinislraijons. It is not a class of lLs There is an unequal power relationship between
own. Not to include past administrations similarly women and men and the fact that women are more
slluated eonstllutes arbitrariness wl'Lir:h Lhe equa] likely t:han men to be vleNrns of violence and the
proteedon clause cannot sanetlon. Such widespread gender blas and preiudioe against 'll"l'lIIlfll'lET"l
discrlnilnaijng diiferemiatlon elearl],r renrerberates m all make far real differences iustlfgdng dte
label the commission as a vehicle for 1.rim1ir:1:i1.-'eness elassitieatlon under the law. The classification it
and selective retrll:l1.Ltiol1. l'§iraqg'o H. PIFlil'lppine Truth germane m the purpose of the law. The dlstlnetlon
Fommission of ZETIO, GR. Ho. 192513i Dai-:Ember ?_ between men and women is germane [D the purpose
2818] ofR.A. 9262, which is to address 1.-'lolenoe committed
against women and ehlldten.
Q: Are aliens entitled m the protection of equal
prnlnectinn clause? There Is likewise no merit m the contention that RA.
9262 singles out the husband DJ' father as the eulprlL
A: GR: It applies re all persons, bath IL'lt12.ens and As detlned above, 'IFAWC maj: likewise be committed
allen. The Ennstitutlml places the clvi] 1'igh13 of aliens "against a "l'1l!'DM3Tl. with wh-on1the person has DI had a
an equal fautlngwlth those of the eltizlena sexual or dating relationship." Clearly, the use of 1:he
gender-neutral word 'person" who has or had a
xpr4= Statutes may validly limit exclusively to citizens sexual or dating relationship with the woman
the enjcl-1.rme11t of rights it' prlvi leges connected with encompasses even lesbian relationships. Moneonfer,
public dclm.ain. the public works, or the nallLral while the law provides that the offender be related or
msn urces of Me State. connected to the Wcdm by marriage, former marriage,
or a sexual or dating relationship, it does not preclude
9?
lx. ElLL DF RIGHTS
the appllcalinn of the principle of Rx:-nspiraqf under Ina, I-". 8an,gkn5l'enLr'af no Pfffpinui, ER Na. 148208,
the Revlsed Penal Code. {Gamala H. Ddfan, GR. Na December 15, 2004)
I?5l2-Eijune Zi 2813]
Q: Sir. 5.23 of the Reproductive I-[eaJtl1 Law-IRR

provides that skilled health professional such as 1. Rational' Eosis Test ,['DI.,[]l"erentkrJ rel.-'feb-v_,1 - The
provincial, citer or municipal health officers, chiefs traditional test, which requires 'only that
of hospital, head nurses, supervising midwives government must not impose differences in
cannot be considered as conscientious obicctors. treatment except upon some reasonable
is this provision uncorlstitutionall' dllfepentiation fairly related to the object of
regulation." Elmply put, it merely demands that
A: YES. This is dlscrlmlnatorlr and violative of the the classification in the statute reasonably relates
equal protection clause. The conxienOous obiectzlon to the ]egis]ati1.-'e purpose. {E'oncurring Bunion of
clause should be equally protective of the religious justice Leonardo-De Castro In Garcia' u. Dragon, i s .
belief of public health oMcers. There is nu perceptible Na 1992654 jr.rne25, 2813]
distlncdon why they should not be considered exempt
from the mandates of the law. The protection 2. .5r_dr: 5cmdny Test - This refers to the standard
accorded to other conscientious objectors should far determining the quality and the amount of
equally apply to all medical pract:lt1oners without governmental interest brought to justify the
distlncdon whether they belong to the public or regulation of fundamental E1'eedan\s.Stril.'t
private sector. After all, the freedom to believe is scrutiny is used today to test the validity of laws
intrinsic in every individual and the protective robe dealing with the regulatimt of speech, gender, at
that guarantees its free exercise is not taken off even If race as well as other fundamental rights as
one acquires employment in the government flmbong expansion from HE earlier applleatinns to equal
v. Uclioo, GR. Ho. 2043/8, April s. 2014] l:lnateetlarL dwarf J'.ht Carp-aratian v. clay of
Manila, so Na. 122846, January pa. 2009]
Q: The New Central Bank ac: crealied two
categories of employees: [1] Bangkoienbul fig It is applied when the challenged statute elder:
Filipinos oflieers who are exempt [mm the Salary
Standardization Law [SSL] and [2]. rank-and-Ele 3. Elassifies on the basis :of an inherently
employees with salary grade 19 and below who suspect :ha racterisitlc, or
are not exempt from the SSL. Subsequent to the h. InfrInges fundamental constitutional ]'i,g]'Lts;
enactment of the Act. the charters of the Land that all legal restrictions which curtail the
Bank of the Philippines and all ether Government civil rights of a single racial group are
Financial lrl.sl:itul:ions [GFIs] were amended intmediately suspect That is nat to say that
exempting all their personnel, ineludiog Ute rank- al] such restrictions are unconslitutlonal. It
and-file employees, from the coverage of the 55L is to say that courts must subject them to the
BSP Employees Asso-ciation filed a petition to most rigid scrutiny. The presumption of
prohibit the BSP from implementing the provision const:ltut:lona]ity is reversed, that is, such
of the AM for they were illegally discriminated legislation is assumed to be Llnoonstltutional
against when they were placed within the until the government demonstrates
coverage at the ssl.. Was there a violation of me otherwise. [Central .l5'-otik Employees
equal protection clause of the Constitution ? Associoidon loc. H. ESE GR No. 148208.
December 1.5, zoo-1J|
A.: YES. In Me field of equal protection, the guarantee
that "run person shall be denied the equal protection of 3. l'nrerm-edinte Scrutiny Test -It requires that die
'Ll'Le laws' includes Me prohllnitlon against enacting classification [means] must serve an important
laws that allow in1.rldlous discrimination, directly DI' g-nvernmental nbjecdve [ends] and is
Indirectly. lr a law has the effect if denying the equal substantially belated to the achievement of such
protection of d'Le law, nr permits such denial, it is abieclive. A elasslllcalicm based un sex is Me
unelonsdtutional. It is against this standard that the best-established example of an intermediate level
disparate treatment of the asp rank-and-file from the et' review. l'Cnnc1.rn'ir1g Uplninn no' ,lnrsrlce
other Government Financial Institutions [GFI] cannot Leonard's-De Ecsrm in Garcia' in. Dnllnnl ca. No.
stand Judicial scrutiny. For, as regards the eotemptjon 1 F926 :?,June 25, 20131
from the coverage of the ssL. there eslsm no
substantial distlnctl-on so as to differentiate the BSP RaHnnal H=l9i1 Tf'=r w. *hrirf Fir'rllrinv
rank-and-Ele from the other ranl-c- and-Ele of other
GF'ls. The challenged provision of the New Central
Bank Act was la-cially neutral insofar as lt did not
differentiate between the rank-and-Ele employees of Applies m leejslative | replies to lel!,is]ati1.'e
'Ute BSP and the rank-and-flle employees of other classifications ii: general, | classifications affecting,
GFls, and yet ins effects, when taken in light of the such 33 those pertaining | fundamental rights or
exemption of the looter employees from the SEL, were to economic or social | suspect classes
discriminatory. [Central Bunk EMployees .*l.ssociotalon. legislation, which do not
affect fundamental rights
PDLITICAL LAW
of suspect -classes, nr is Search warrant is an order in writing, issued in the

nut based D11 gender DT name of the People of the P]'Lll1p]:dne Islands, signed Br
lllegitlmaq,-'_ a judge or a iustlee of the peace, and dlreeled to a
peace off]-cer, comrnandlng him to search for personal
Legislative purpose must Legislation E purpose must properly and bzring it Oefone the r:o1.LrL [Rodriguez vs.
be legitimate. be impelling. Wfiomlel, ER No. 44328, Dewmher 23, 153? elted Ser:
56, Generous Eluders' No. 5& os amend-sO by See. E order
Elassificatian must be Classification must he No. 3886]
rationally belated to the necessary and narrowly
legislative l:+url:"-se. taileved to achieve the As»eard1 may be inducted by law enfanzers only a n
{EentmJ' Hank .Ernpfnyses legislative purpose. the sl:rengti'L of a search warrant validly issued Br a
»1ssnclnltil:1n Inn nr. EAR GR (Central Hank Empfayees judge. Articles w1'Lll:h are the product of unreasonable
Hn. 143203, December 15, Assuciurlun lm; 1.-'. SEP, searches and seizures are inadmisslbie as evidence.
2004] Reid; Search warrarns to be valid must particularly describe
the place to be searched and the persons -nr things to
be seized. {People vs..4rr.rtay .F-{en.g:.r{n, ER. Na. 120915
.4.prH 3, 1998]
The right to be secure h'nm unreasonable search ma.[.r.

like every right, be waived, and such waller may be
made either expressly or 1 nlplledlj,f. [People us
The right to be len alone. In euntext, the right to 8-:FaJ'n$'ugu.[, ER No. JL-4438'5.j'uljJ'30, 1938]
privacy,-' means the right to be Free from unwarranted
explnitalien of one's person DT from lntruslnn into -1113l!1q..1W.'ii.l=¢i'*'ili[.1Irgil4,ll»51 _
a-nes' private aetlvllies in such a way as to cause
humiliation to a person's nrdlnargr sensibilities. 'Waled Warrant. Ptquiqirve [P-J-E-P)
'ir=1f'c'F1 walrnur am WaI1"=nr of =l1"r~'*=r 1. It must be issued upon dele rmlnatlon of probable
cause;
2. The probable cause must be determined Br the
lodge himself and not Of the applicant or any
ether ]]E'["DDl],
one judge must it[ 15 :l'lD[ necessary 3. In the determination of probalole cause, the judge
personally examine :hat the Judge must examine, under oath or aEflrm.a1:ion. the
in the form of should personally complainant and such witnesses as the .latter may
seatthlng examine the produce; and
questions and complainant and 4. The warrant issued must partioularljf describe
As' m-
l l sw l l . .D writing :mis witnesses the die place to be searched and persons and things
autho-
nd lll;:l-L'l D3lth.tllE .udge would simply to be seized. [HF3 .Software and Communication
ritv, complainant and personally* review Corporation and' 1-"ap v. ptorj on Nos. I?l5l2IF
ll-"Ili-IL'ft
+be witnesses he the iniilal and 154694. Deccmb-erI8. 20/2J1
exa-
llna§.r produce on determination IJI
mines
'ans personalljr the Pl'D§EEllt'l]l' m MUTE: Genera] warrant is not a]]-awed. It must be
-Jnown tothenl. see if it is issued pursuant to a specific offense. [Stanehilf I-'Z
supported 1114
D.llulmn, is. Na I.-I9550.june ISL 1.96171
substantial
evidence. Emmnu3mu1mE
...LL det.ern1lnaT.ieln |.:._ mL}r4:l]l.' These are w arrant of Iamad and general
f probable cause determines the characterlaatinn DT sweeping descripians which will
depends m a large prnbabllitgr, nut the aulharlze police aliieers m undertake a fishing
extent Ill}l]IIl the ¢ertaintg,f of guilt al expedi1:ll::n to seize and ennflscale any and all kinds of
Basis odis or uplniem the accused and, in evidence DT articles relating to an offense.
HF of the judge who 10 doing, he need
deter . conducted the I][l[ conduct a now Pu.II1-n'-14' -at l1=mic1l1=11"i11r -al' dp'irrilllinn in 1parrl1
m in II' .- required hearing. Jacarranxs
Lion examination of the
applicant and de 1. Readllgr' ldlenlify the prupertles m be seized and
witnesses. Linus prevent the peace officers from seizing the
wrong llems, and
2. Leave peace ufflcers w1&1 TLD dlscrelinn
-.l'l4NfllnI:ll'llrld=M:lnI regarding the actlcles to be seized and thus
prevent unreasonable searches and seizures.
Search warrant [81:1che and En. v. Rui; 3?SGQA 82.1 Feirrunry 2?.
I9?/I
99
lx. ElLL DF RIGHTS
PH l*irul==I [i to of dvirriprinn for a wash warrant ii pre-duets. The HEI-IRG - thmugll its agent De [ami]
r~f'»mn1 EM with whrn- and undercover NB] asset Antonia conducted
surveillance and test-buy aperatinns and
1. The description therein is as specjflc as Me thereafter they filed :we Applieatierls fn-r Seareb
circumstances wl]] ordinarily allow, nr Warrant to eanduct a searrh of the Magsingal LPG
2. The description expresses 3 ennclusinn cif fact, refilling plant. Eau the personal knowledge el l:he
he-t of law, he wid oh the warrant -nfflcer may he witnesses it' the eurrimissinn it' the illegal trading
guided in making the seanzh and seizure; Ur and undertilling of LPG pro-duets be a basis jar
3. The Miings described are ]lmLted to these which determining probable reuse in search warrant
hear direct relaticun to the offense fcur which the applications?
warrant is being issued.
A; YES. A finding of probable cause needs only m rest
Plrflpp1"tif1 'iuhiwt in 1pi'mLf. on evidence showing that, more likely than not, a
crime has been conlrnitted and that it was committed
1. Pmperqr subject :if Ure uffe use; by the accused. Frobalole cause demands mare than
2. Stolen or embezzled property and ud'Ler proceeds bane suspicion; it requires less than evidence whldi
or Erulls of the ofFense; nr would iustlfy conviction. The iLLdge, in determining
3. Pmperqr used -nr intended to be used as means probable cause, is to consider the totality of the
fer lethe enmmissien of an offense. circumstances made known to him and not Br a fixed
and rigid formula, and must employ a flexible, totality
non; Seized items in violation ofAr't_ 201 ofdhe RPC, of the circulnstances standard. Facts discovered
such as immoral doctrines, obscene publications and during surveillance .- on the basis of information and
indecent shows, can be destrujfed even if the accused e1.-'1dence provided be petllioners - constitute personal
was acquitted. PII. Ho. 959 {An Act amending Art. knowledge whlch could form the basis for the
201] mandates the forfeiture and destr'ulL't:lon of issuance of a search warrant [Patron LFE De-oiers
pornographic materials involved in the violation of Associo son u. flee oo. No. I§!5l3FI, FelJrualjl.* 3, 2016]
Article 2131 of the Revised Pena] Code, even if the
accused was acquitted [Nogales v. People, ER. No. Wrlnnal 1-mnw1 pflgp
I91 use, Novem ber31, 20//;
1. The person m be ariested must execute an overt
Nature nfscarch warrant prul:E-cdingg acl indicating that he had just committed, is
actually cemmjtdng uc is attempting to commit a
Neither a crlmlnall action nor a commencement of 3 crime; and
prosecution It 15 solely for Lhe possession of personal 2. Such d1.rert act is done in the presence or within
prol:'ert'j"'_ [United Lohorotories, J'nr; v. Isis, GR. No. the view of the arresting dfflcer.
163858. June 28. 2008
NUTE: Initial hearsay 1nf-ormadon or lips from
Prnhahlf f'a11~=r- conbdendal lnforrnanls could very well serve as basis
for the issuance of a searcl'L warrant, if followed up
It requires facts and eireumsoanoes that would lead a personally be Me recipient and validated. Looking at
reasonably prudent man to believe that an -of"Tense has the records, it is clear that Padilla and his companions
been committed and that the ob1er:13 s-ought in were able to personally verify the up of their
connection 'l.nr111l that offense are in the plane to be Informant The evidence on record clearly shows that
searched. (Hes Software and' Communications Corp. the applicant and witnesses were able to verify' the
and 1-'op lr. p:.oT, on Nos r7ozrr and 114594, information obtained from their confidential source.
December 10, 2012] The evidence likewise shows that there was probable
cause for the issuance of a seardi warrant Thus, the
Such facts and circumstances antecedent to: the requirement of personal knowledge of the appll-cant
issuance of a warrant that in themselves ave suMclent and witnesses was clearly satisfied in tl'Lis case.
to l11dLL1:e a cautious man to rely an them and act in [Micmso Corpora son v. Saner .F'orajoHa.h. Gui'. No.
'pu1's1.Lanee 111erea[ 205300, September lil 2014]
The e1.rll:ienr:e neeessar.or to establish probable cause is I'-'lPrP "r'|\-T[:||~|[r- it1frrrTn=\Hn|1' win fmt ~1=u-iin ITS*
based only an the likelihood, DI' pmbabi lits.-', of guilt. "pf~r1~'\t\al knnwlrdgv" 1"rrl,I1irpn1p11t
[Estrada v. 8j]I'ir:e of the 0mbu£man, et al, as Nas
21214-8-41, January 21, 2015, cited in .-18s-can The lung-standing rule in this jurlsdlrtinn, applied
Earparatian v. Gazan, GR. Na 195956, Mardi 11, 2015] with a great degree of ednslstenq,-', is dlat "reliable
lnfdrmatldn" alone is not suffleient to Justifier 3
warrantless arrest under Section 5[a]. Rule 113. The
Q: LPG Dealers assueiatino and Total Gas LPG rule requires, in addition, that the accused perform
Dealers Asstleiatiun fled a letter-cemplaint beiere Mme overt art that would indjeate that he "has
the NEI-IRD, requesting assistance in tb: eunlrnitted. is aetua]]1.r edmntltling DT is attempting to
sunfeijlanee, inirestigaljen, apprehension and -Dammit an offense."
prnfseeutien -of resp-und-enl3 for alleged illegal
trading et LPG pm-1lu-:Is and.I\'-nr un:1eJrElling,, .S'4.'an:hingqucs1:luns
possession a n d e r sale of underlilled LPG
202 1 EDLDEN NIJTES IDD
PDLITICAL LAW
Examination by the lnvestlgjating judge of the Iegjtimate ace-ess to the said pos13. [:]early"r the fault, If
1:on1l:llalnant and the latter's witnesses in writing and anjf, iles will Me friends of the minors. Curiously
under oath ar al'Flrrnatlon. to determine whether there enough, however, neither the minors nor their
is a reasonable ground M believe that an offense has parent imputed any and-olation of prlvaqr against the
been committed and whether the at:r:ILLsed is probably students who showed the images to Ese1.Lde1'o.
guilty ljlereof to that a warrant of arrest may be [liivores v. St Theresa's Collage, ER. No. 282656,
issued and he may be held liable for trlaL September 29, 2014]
A puling uliirxrr cannot amplify' 1:-r modify what has Q: PNP constituted a team to in:lpIeoleot a scanch
h'l'*Tll API nllt in the warrant warrant issue-d by the judge to search Edmund
Bulauitan's residence. Eefn-re going to Ute target
Such a change is prnscrlbed by the E-nnsdtutinn which residence, the search team first went to the house
nequhes 3 search warrant to particularly describe the of the Barangjay Ehairoian, who Io turn,
place to be searched; otherwise lt would open the assigned Kagjawad [frm {Kid. lfrnri and I-[agawad
dunr to abuse of the 9eard1 process, and grant un Herald '[[-[ad. Herald] as search witnesses. llpnn
nfhners executing the search that discvedon which the arriving at Bulauitan's residence, the seardt team
Ennstitutlun has precisely vemuved from them. was met by Bulauitan's We [2',ll children and
heuser-eper, who into-rmed them Utat Bulauitan
The parlieularlzalinn of Me dese1'ipl1:iun of the place m was nut home. This n-etwithstanding, the search
be searched may prl::pe:l']3" be dl:me only by the judge, team explained to Me children and lm usel-ceeper
and only in the warrant itself: it eannnt be left to the l:he reason for their presence, prompting the
diseteizicln of the police nMeers eclnductl fig the seandi. latter in allure them inside the reuse and cenduet
die search. spez Eaccajr then proceeded m
It is neither Eair nor lid! to allow polloe officers m Bu1auitan's mum and there, disceveied three [3]
search a place different From that slated in the heat-sealed plastic sachets containing white
warrant cm the claim that the place actually searched crystalline substance which was later en
-a]'Lllough not that speczilied in the warrant - is cuntirmed as shabby.
exactly what they had in view when We apt:l]led for
the warrant and had demarcated in their supporting Based an the testimonies, it was discovered than
e1.r1 den-ee. What is material in determining the 1lra]1d1t'y [al Bulauitan was not in his residence when die
of a search is the place stated in the warrallt itself, net search was eonduelned; [IJ] his daughter, Maria,
what applicants had in their thoughts, DT had was net able to witness SPG2 Ba1.'1:ay's search of
represented in the proofs they submitted to the court Bulauitan's 1'I]I}l'E1 as pos Tag al 1-Lent her in the
issuing the warrant [People u. Ca, 291 scan 4941 done living room and even insirueted her m leave the
28, 19931 house to oontaet her parents; and [e] Had. [errs
and Kid.. Herald neither witnessed the search as
Q: Nerita and lulienno were g;radllating high they remained outside Bulauitan's residence. The
sdtool stu1:lenl3 at sr. Tlleresa's College [.S'llC]., RTC finds Balauitan guilty and was affirmed be the
Eehtl City. 'Nhile changing into their swimsuits for EA. Should the sl: upheld the decision?
a beach party they were about to attend, julia and
juliennt-, along with several others, took digital AL: ND. Section B, Rule 126 Search of house, room, or
p-ittunes of themselves clad only in their p-remlses to be made in presence of two witnesses,
undergarmeols. Those pictures were then provides that a search under the stl'en,g'Eh of a warrant
uploaded be Angela on her Faoehook profile. is required to be wll1\essed by Urie lawful occupant of
the premises sought to be searched. It must he
Back at the school, Eseudero, a mm purer teaelier stressed Lhat it is only upon their absence that tihelr
at 5TE's high school department, learned from her presence may be replaced by two [2] persons of
students that some seniors at STE pesned pi-ctl_lres sufficient age and discretion residing in the some
online, depicting thenuelves from Me waist up, locality.
dressed only in brassieres. Eseudero reported the
matter and, through one other student's Facebook In this case, a Iudidous perusal of the records reveals
page, showed the photos m Tirol, 5TlI's Discipline- that the policemen involved in the search of
in-Charge, tor appropriate action. Were unlawful Elulauitan's residence - as shown in their own
means used brr STE in gathering information about testimonies - did not conduct the search in accordance
the photo? with Section 8, Rule 125 of the Retrlsed Rules of
Criminal Procedure. Worse, the search team even
A: ND. Even assuming d'Lat the photos l:l1 issue are instructed Maria to contact her father via telephone,
visible only to the sanctioned stuOenTs' Faoebook wh.id1 she could only do by leaving their resldenoe
friends, respondent STE can hardljr be taken to task and going to the house of a certain Dr. Romeo Eago
for the pen:e11."ed prlvaqr invasion since it was the [Dr. Bago] to use tb! telephone therein It was only
miners' Facebook friends wl'Lo showed Wie plotures to after her return to dlelr residence that sroa Eaccay
Tlgol. ResponOellts were Jnere reelplenis of what announced that they have allegedljr found shahu in
were posted. Their do not resort to anjl.r unlawful Biulauitan's room. The search conducoed therein by
means of gathering the information as L: was the search team fell way below the standard
voluntarily given to Miem b:.* persons who had mandated be Section E, Rule 126 of the Revised Rules
101
lx. ElLL DF RIGHTS
of Criminal PJ'n1:edu.re, and thus deemed unneasnnable 3. It is immediately-' apparent to the nicer that die
wllhin the pururlew of the exclusionary rule of the item he observes may be evidence of a crime,
198? 1I:m1_=.tllu1:1an. [Edmund 8uluuitun Y Maunyan HE. contraband, or alherwise subiecl to seizure.
Feopfe of' The PIFIIJ'Ippanes, ER Hn. 218891, September
19.29161 The law enforcement oncer must lawfully make an
initial intrusion or properly be in a position from
which he can parl:lcula1']1.r Mew the area. In the co'uJ'se
of such lawful ln1:l'Llsion, he -came inadirertenlljr across
a piece of evidence incriminating the accused. The
1. 'll!'is1.1al seardi is made of moving vehicles at object must be open to eye and hand, and ils
checkpujnw, discovery lnaO1.rertenL {.F'a.l!.ordo II People ER. No.
2. SeaJ'd1 is an incident to a 'ualid arrest; I9EI889.jonuor}r 18, 28I1,l'
NDTE: Plain Were Dnctrina cannot be applled where

HDTE: An oncer making an arrest may lake from
there was no evldeluze in plain view of law enfumers
the person:
serf! fig the search warrant [United .L4:r8=l:1ratur1'8, Inc.
EI. Any no-ne]l,r or property found upon his
person which was used in die commission of u. sip, ER. Na. Il53E'58', June 28. 2805]
the ol:|fense
IJ. 'Was d'Le fruit d'Lereof
Q: liwino, a drug pusher was entrapped in a bu8,r
e. Which might furnish the prisoner with the
bust operation. He led du: police officers to the
house of"Earlo Ray, his supposed a oriate and his
means of committee fig violence or escaping
house was searched. A rardboard box with bricks
d. Whlch might be used as e1.-'idenoe in the trial
of the case of ntariiuana inside was found Io her residenre.
However, Facto Ras warrandess Ernest was
3. Search of passengers made in airports;
declared illegal hr Me court. [L follows that the
search of his person and home and the subsequent
4. When things seized are 'within plain view of a
searching party {P{oin I-J'few Doctrine);
seizure of the marked bills and marijuana eanoot
he deemed legal as an ineideot to her arrest. Was
5. St-op and frisk furry womb
E. When there is 3 valid express waiver made
tlte marijuana in the cardboard box in plain view
during the search, n:la1-dog the warrantless seizure
voluntarily and intelligent.
valid and acceptable in evidence?
HDTE: Consent to a search is not to be llghtlyr
A; ND.The law enfnmement -]fEIL'er must lawllllly'
inferred, but shown by clear and cortylnezing
make an initial lntrusiun ar properly be in a p-nsitlan
evidence. Consent must also be voluntary in
from which he can l:larlie1.Llarl§f view die area. In the
order to validate an otherwise illegal search; that
enunse dfsuch lawful ln1:l'II.1sl0]1. he came lnad1.-'erlenlIl.r
is, the consent must be oneqoluocaL speelFll:.
aernss a piece of e1.rldenl:e lnerlminaling the
irttelllgently' given, and unoontamlnated 111.' any
accused. The ahler:t must be open la eye and hand and
duress or coercion. ,IVE'nhoHes u CA, ER. No.
113disea1.rerj,-' Inadvertent;
136293 373 S`[.IR.4. 221 {2W2I/ '[zo15 BAR]
It is clear that an oblect is in plain 1.rlew if the abject
1 Customs search, lc-.elf is plainljr exposed to sight. The d1E1'LCILLlt§.r arloes
B. Searches 1:l1E vessels and aircraft for viulatlan of when the object is inside a closed container. Where
immigration and drug laws; the object selaed was inside 3 closed package, the
EI. S e a r c h e s of buildings and premises to enfnree ohlect itself is not in plain view and therefore cannot
fire. Sanitary, and building regulations; and be seized without a warrant. H-owellre]', if the package
m. End gent and emergency circumstances. [Maple it proclaims ins content, w'heILher by us distinct11.I'e
De Emalia, 233 EER.-I1 T16, JULY 6, 19541 con hguratlon, 113 transparent, or 11' its contents are
oh'urlous to an observer, then the 'IIDIYIIEIIE are in plain
Phi1'\Yipw 1'ln-"rrinf [zm2 BAR] view and may be seized. [Paopie 1.-'. Doris, on J'll'o.
125299. Ionul:lr}f22. 1998;
Under the plain view dm:tl'ine. cnbjects falling in the
'plain view" cif an nEI1cer, who has a right to be in the Sta p-and~frisk search [2i]1]9, 2012 BAR]
pl::ls11:ll:m to have that 1.rlew, are subject to seizure and
may be presented as evidence. II applies when the Limited protective search of outer clothing for
fro]]-uwing requisites concur: -[I-I-A] weapons. Probable cause is not required but a
genuine reason must exist in light of a polloe our:er's
experience and surrounding condltio ns to warrant the
1. The law enfanzement aMcnr in search of the belief that the person detained has weapons
evidence has a valid iusliEL'ati-cm for an concealed. {Hoi'oco't of. EA, ER. No. 123595, December
in11"us10n nr is in a pusiliun l'rl::m which he can 12, 1998
view a particular area,
2. The dlsx:nver1.r of the Evidence in plain view is
inadvertent and NUTE: "Stop and 'Frldc" searches [snmelimes referred
to as Terr],r searches] are necessary fur law
e]1Enn:emenT_ That is, law enforcers should be gh.-'en
the legal arsenal to prevent Use cl:mlmlsslnn of
PDLITICAL LAW
offenses. However, this should be balanced with the however Deasu]iably conducted, the former should
need to p]'1:lteet the privacy of dtlzens in aecnrdance l:+reval].
wid: Article III, Seetlnn 2 of the {:m1st1tlltlnJ'L
A :heckpulnt is a k in m a it-up-and-frlsk situation
whose object is elder to determine the identity of
The balance lies in t:he eoneept of 'suspie'lou:l'1es:s"
present in the situation where the police of fleer Ends suspicious individuals DT In maintain Me :runs Que
himself or herself in. Thls may he undoubtedly based m-IJmenta]'ilj.r while the police nfEeers seek to obtain
on the exl:lerlenr:e of the l:»-olioe oM1:er. Experleneed mere lnfnrmaliun. [liufmnnre I-". De Ir'al'fal a n N a .
pollr:e oMeers have personal experience dealing with 83988. September29; I985)
criminals and r:rimirlal behavior. Hence, thej.r should
have the abllltglr to discern - based on facts that they
M-ntnrisls and their vehicles passing through
liiemselves observe - whether an individual is acting checkpoints my also be stepped and extensively
in a suspleious manner. Clearly, a basin: erllerion searched
would be that the polite oncer, with his or her
while. as a rule, motorlsu and their vehicles passing
personal knowledge, must observe the facts leading to
through checkpoints may only he subjected to a
the suspleion of an it licit aeL
routine inspection, 1.rehic]es may be stopped and
eetoenslvelyr searched when there is pl'ohable cause
In Manaiiii U. Eaurt :lj'A,ppeaJ's. d'Le pnhce aliieers were which Justlhes a reasonable belief among those at the
inllialh-' Informed about 3 place frequented bf,' people checkpoints that either the motorist is a law offender
abusing drugs When they arrived, one of the pnliee or 'Lhe contents of rLhe vehicle are or ha'ue been
officers saw a man with "reddish eyes and [who was] irlstrume fits of some offense. [People u. I-finecorio, be
walking in a swaying manner." The suspidnn No. 141 IGOR ll'r:mul:1ry2-IJ', 2004]
increased when the man avoided the police nfiieers.
These nbsen-'aliens led the police nfflcers in ennelude IOU-rfkwirlr lrulpl Ilnrlpr Lm Co-:lf [RA.413&l
that the man was high an drugs. These were suftielent
Earls el:lseJ"ued be the pnliee nMeers "to stnplduell There is, to stress, nothing in RJHL 4136 that
pelitl-nner [and] investigate." authorized the checkpoint-manning policemen to
order petitioner and his companions to get out of the
In People u. Soioyoo police officers noticed a man who vehicle for a vehicle and body search. And it bears to
appeared drunk. This man was also "wearing a emphasize dhal there was no reasonable suspicion of
camouflage uniform or a jungle suit." Upon seeing the the occurrence of a crime that would allow what
police, the man DeO. Hls flight added to Me suspicion jurisprudence refers to as a 'stop and risk" action..As
After stopping him, the poise officers found an SPD4 Eodino no less testified. the only reason why
unlicensed "homemade firearm" in his possession. their asked petitioner to get out of the vehicle was not
This court ruled that "[under the ctlncumstances the because he has committed a crime, hut because of
government agents could not possibly have procured their intention to invite hiin to Station 'ET so he could
a search warrant first' This was also a 1lraEI1d search. rest before he nesuntes driving. But instead of a tactEu l
invitation. the apprehending oh'icers, in an att
indicative of overstepping of their duties, dragged the
In these cases, the p-alice nMcers using their senses
petitioner out of the vehicle and, in the process of
observed Facts that led to ILhe suspicion. Seeing a man
subduing him, pointed a ,gun and punched him on the
wid: reddish eyes and walking in a swaying manner,
face. hlone of the police oMcers, to note, categorically
based in their experience, is indicative -of a person
denied the petitloner's allega1:ion about being
who uses dangerous and illicit drugs. A drunk civilian
physically hurt before being brought to the lllspital fig
in guerrilla wear is prnbab ly holding in-mething as we]L
Ivlag.-'n1la to be tested for intoxication. What the
Wenpte vs Cqgned, in. Na. 209334. jury 38; 2814 pest
policemen claimed was that it took the three {3] of
LEI3!ll'Fhl'_].
them to subdue the fifty-Eve year old petitioner. Both
actions were done in excess of their autl\o1'it'.!"' granted
Eheckvllniolzs
under an 4136. {.'5-.Ydeco it Peo-p.iel GR. No. 202692,
November 12. 2014]
Searches eendueted in cheekpnims are lawf1.LL
provided the checkpoint enmplies w1m the fnllawlng Q: Star was a lady Irisher whose duty is to frisl-L
nequisltes:
departing passengers, employees, and rrew and
cheek or weapons, bombs, prohibited drugs,
1. The establishment of checkpoint must be contraband goods, and explosives When she
pronounced,
frill-:ed Reehelle, a boarding passenger, she felt
2. It must he §MDnnaw. nut rnanlllLg.: and
something hard on RoehelIe's abdominal area
3. The seaneh must be llmlled to visual search
which was later found to be three parks of shall lL
and must nut b e a n intrusive search. ['.an Rochelle invoke a violation of the searrh and
seizure clause?
N~l}'l'E: Nut all searches and seizures are prnhiblled.
Between the inherent rlghi of the Stare no protect its A; HDI. Persons may lose the pmtecden of the sean:h
exlsnenee and promote public welfare and an and seizure clause by exposure of Unelr persons nr
lnd11.rldua]'s right against warranliess search whjeh is properly Lu Me public in a manner refleetlng 3 lack of

lx. ElLL DF RIGHTS
subiectlve expectation of privacy, which expectation and ammunition iusnziruan as an incident nu a
society is prepared to recognize as reaso nabie. Such IawEII.I arrest?
recognition is implicit in airport secl.Lrll'j,r procedures.
With increased concern over airp]ane hijaclclng and A; HD. The scope of the warrantless search is not
terrorism has come increased security at the na1:ion's without limitations. A 1.ra]id arrest allows Lhe seizure
airport; [People v. Leiio Johnson, ER. No.I38E'8I. of evidence or dan8rom weapons either DTI. the
December 18, zooo,t person of the one arrested or within the area of his
immediate controL The purpose of the exception is tp
Q: Luz was flagged dawn by P03 A.lteza for driving protect the arresting officer from being harmed he the
a motorcycle without a helmet Altesa invited Luz person arrested, who might be armed with a
to their sub-station and while issuing a citation -con-cealed weapon, and to prevent the latter from
tidtet for violation of municipal ordinance, Altesa destrojring wldence within reach. In this ease, search
was alerted by the latter's uneasy movement and was made in the Ioeked cabinet which cannot he said
asked him to put out Ute contents of the pocket of to have been within Kel's immediate control. Thus, the
his jacket [t was revealed that Lux was in search exceeded the hounds of what niag.-f be
possession of prohibited drugs. Ean the roadside eonsldered as an incident to a lawful arrest; [i-foleroso
questioning of a motorist detained pursuant to a u. 84. ER. No. 184815, Eeptemherl 2889]
routine tJ'aI'l"ic stop beennsidered a forma] arrest?
Q: A Iiujr-bust n-peraiiun was eandutted in DT-'l's
A: ND. The time he was wajtln8 for Alter to write his store. Police Gflieer CA 'Fandue plumed as El buyer
ellation ticket may be eharaeterlzed as waiting lime. and buuglit marijuana from DH. Acer the
Luz. could not be said to have been under arrest There exchange of mar1-Led to-nnejr and marijuana,
was no intention on the part of Alter to arrest him, Tandm: arrested DH williuut a warrant. The edier
deprive ]'Llln of his Ilherty, or take him into custody. In p-alice ul'Ecer searched the stare and seized a
fact, Ailteza himself testified that it was only for the plastic euntainer euutaining six marijuana stacks.
sake ofeom-'enlenee that they were waiting at the suh- Thereafter, D H was rliarged with selling
station. [Luz if. People of the Philipp-ln8. ER Ho. marijuana is the warrantless seizure of marijuana
I §!?'?8'8. Fehmary 29.2012] legal?
Q: A search was eondueted on March 3, 1985. A; YES. The search being an incident m a lawful
During which tlle Philippines has no Constitution. arrest, it needed no warrant fer its validity. The
Thu Eonstabulargr raiding team searched Me accused haWing been caught in ,Hngmnte delicti, the
house of Elizabeth [:linlaano lo' \rirtlLle of a search arresting officers were dutj.r bound to apprehend her
warrant and thereafter seized some items not immediately. The warrantless search and seizure, as
included in the warrant Dimaano questioned the an incident in a lawful arrest, may extend to include
search for being violaljve of die Eonstituti-on. Can the premises under the immediate cuntrdl dt' the
she invoke her right against unreasonable accused. The accused may not successfully lmreke the
searches and seizures during the interregnum* right against a wacraniiess seandi, even as regards the
plastic certainer' with dried marliuana leaves found
A: vas. The Bill of Rights under the 19'?3 Constitution in the table in his stare. [Pcsple '|.'!. Sclcznn se Nu
was not operative during the interregnum. EE that as 98E16l5!,j1:1n unigf ZF, 1997]
it may, under Art. 1T[1] of the International Covenant
on E1vll and Polltica! Rights, the rwoludonary Q: 5gL'.|'ictorino- lilocejaand Sgt. Ales on Castro,
government had Me duty to insure that DD one shall while on a routine patiol in Pagsanjan, Laguna,
be subjected to arbitrary.-' or unlawful interference spotted a passenger jeep unusualljr covered MM
with his privacy, family, home or correspondence. "MMwon" leaves. Suspecting that the jeep was
Art. 1'?[2] provides t:hat no one shall be arbitraril]l.r loaded with sniugled goods, Me two police
deprived of his pnopertjr. Although the signatories to officers Ragged down the vehicle driven be Rudy.
the Declaration did not intend II as a legally binding The polite oflieers then checked the cargo and
doounlent. being only a declaration, the -Court has they discovered bundles of 3.08 mm
interpreted the Declaration as part of the generally aluminum galvanized conductor wires
accepted principles of intel'natlonal law and binding exclusively owned be National Power Corporation
on the state. The revolutionary' government did not [l'llPC',l'. Police oITieers took Rudy into- custody and
repudiate the Covenant or the Declaration during Me seized the conductor wires. Was Rud].r's right
interregnum. It was also obligated under against unreasonable searches and seizures
international law to observe t.he rig!'LE of indlvlduals violated when tile police ofiieers searched his
under the Declaration. [8epui:l-lic v. Sandlgonboynn. vehicle and seized the wires found therein
GH. No. 11514.768, Iulv at, 2803] without a search wanaot?
Q: While sleeping in his mum, Kel was arrested by A; YES. When 3 vehicle is stopped and subjected to an
'retinue it' a warrant it' arrest and be was dragged extensive search, such a warrantless search would be
nut of the l'l]DI'IIl. Thereafter, s-nme police -mufti-:ers ennstitutlenally permissible only If the bflieers
ransaekecl Me in-:Red cabinet inside the runm eunduetlng Me search have reasonable at probable
where they found a firearm and ammunition. Are cause in belle1.re, before the search, 1i\at either the
the warrantless sear-cb and seizure at Me firearm mntnrlsl is a law-offender DT they will find the
PDLITICAL LAW
ln5*trLLnu:]1lalltl.r or evidence pertaining m a crime i n under the belief and lnlpresslrm that submisslun is
812 1.rehlr:]e In be seanzheii necessary.
However, the fact that the 'uehlcle looked suspicious Al the time that he was waiting for the poilce officer to
simply because it is not common for such to be write his citation ticket, appellant could not be said to
covered with knknwotlleaves does not constitute have been under arrest There was no intention on the
"probable cause' as would Jus1:il'}," the conduct of a part of the former to arrest him, deprive him of his
search without a warrant MMermom. the police liberty, or take him into custody. Prior to the issuance
aulhorllies did not claim to have recel1.-'ed any of the ticket. the period during which appellant was at
conlidentlal report or tipped information that Rudy the police station may be characterized merely as
was carrjrlng stolen cable wines in his vehicle which walling time. In fact, as found by the 1:l'1al court, the
could o'tTLerwlse have suslalned their suspicion. only reason they went to the police sub-station was
that appellant had been flagged down almost in front
It cannot likewise be said that the cable wires Enund in of that place. I-Ience. it was only for the sake of
Rudjr's vehicle were in plain view, making convenience that they were waiting there. There was
its warrantless seizure 1.l"al1d. The cable wires were not no intention to take him into custody.
exposed to sight because they were 'placed in
sacks and c-nirered with leaves. The articles were It also appears that, according m Eiq," Ellrdlnan-ce No.
neither transparent our lmmed lately apparent to the 98012, which was urlolated by appellant, the failure to
pnllce aud'Lnritles. [Cnrbnlles u. 64, G. R. Na. 136292, wear a helmet while riding a rnotorcjf cle is penalized
january15, 2802] by a fine only. Under the Rules of Court, a warrant of
arrest need not be Issued if the information or charge
Q: A police olticer flawed down a rider for driving was filed for an offense penali:z.ed Br a Ene only. It
without a helmet. The police officer invited the may be stated as a corollary Ll'Lat neither can a
rider to Mme inside their sol:-station located near warrantless arrest be made for such an offense.,
the area. While issuing a citation ticket Ior
violation of a municipal ordinance, the p-olice There being no valid arrest, the warrantless search
officer noticed that the accused was uneasy and that resulted Prim it was likewise 1lleg,a]. [Rude] Luz us
kept on reaching something from his jacket. He People, G. R Na 19?378E, Febmnrjv 25, 2012]
then asked tile rider to take out the contents of his
jacket's pocket. It turned out, the rider has in his -*l!'.£lrlrM»"lllIL'4.."l'='l':l':l'=\l~.1l~'EI5lIlllIll=l'»"lll'll5'
possession two plastic sacllel3 of suspected shahu.
The arc convicted him of illegal possession of An arrest can he made by a peace officer or a private
dangerous drugs since he had been lawfully person wllhout a warrant in the following lnstaneos:
arrested for a traffic 'violation and then subjected
to a valid search, which led to the discovery on his 1. 'In jiogmnte d'ei'icto' arrest: when [aj the person
person of twin plastic sachets of shatl-u. Cln appeal, to be arrested must execute an overt act
the EA aftirnied tlle RTEs Decisioo. indicating he has just committed, is actually
committing, or is attempting m commit a crime;
In his appeal m the so, the rider ctainis that there and [IJ] such overt act is done in the presence ar
was no lawful search and seizure, because there within the view of the arresting officer l'F'0'idez us
was no lawful Ernest since he was not even issued People, ER. No 1?013423 t1'ou'emiJerZEIiJ?}.
a citation ticket or charged with violation of the z. "Hot pursuit" arrest when [a] an offense has just
city ordinance. Even assuming chat there was a been committed, and [b], d'Le arresting officer has
valid arrest, he claims that he had never probable cause to believe based on personal
consented to die search conduclied upon him. knowledge of facts or clrcu instances th a t th e
Should die rider-appellants contention be person to be arrested has committed lt. [Pestifos u
upheld? Generoso, 8.8. No. 182601, Al'ovem.berI8_ 2EJ'I4].
A; YES. There was on valid arrest of appellant. When

he wa s fla g g e d dawn for -onnlmittlng a tl'alTll: HGTE: That a crime was in fact committed l:ia-es
vlnladan, he was nail, i's-cr farm and solely fair this not aummatleally bring Me case under "hot
l'*E3§DT1., arrested. pursuit' arrests'. There must be "probable eauee'
and there must be "1mlned1alL'y' in the time frame
Arrest is the Baking of a person into custody in order from the cum m1551 on of the crime.
1i\at he ar she may be bound to answer for the
commission of an offense. It is effected by an actual The exisbence of 'probable cause' is the
restraint of the person to be arrested or 111.* that 'objectiber' or the determinant on how the
person's voluntary submission to the custody of the arresting officer shall proceed on the facts and
one making the arrest Neither the application l clrcumstanoes, within his personal knowledge,
actual force, manual touching of the body, or physiea] for purpos-es of determining whether the person
restraint, nor a forma] declaration of arrest, is to be arrested has committed the crime. The
nequineO. lr is enough that there be an intention on the 'probable cause" for arresting officers is distinct
part of one of the parties to arrest the other, and 'Lhat from the "probable cause" for pub lie prosecutors
there be an intent on the part of the other to subrnlt, and judges.

lx. ElLL DF RIGHTS
3. When the person to be arrested is a prisoner who z. He is not s1.1EferlJ1.g from violent insanlly DI any
has escaped from a penal establishment or place other allmenl requiring nnmpulsury mnHnement
where he is serving final judgment ar is in a hospital {8e..4"E5». 19-"1 ed., ZITI :Pa
temp-orarlly' confined while his case is penOlng, DT
has escaped while being transferred from one
confinement to another.
See succeeding dh'-l:'r.r5s.Fnn
HUTE: Should an arrest be made not in accordance
with the above rules, ar otherwise put, If the arrest is
not Iawfull],r warranted, such apprehension will be
declared illegal, and the arresting oMcers may be
prosecuted fer the crime o.IF.4rl:itrary tl'-etetition under
Article 124 of the Revised Penal Dude, which penalizes Any evidence obtained in vinlatjnn of the right against
any public officer or employee who, without legal un reaslrma tale searches and seizures shall be
grounds, detains a person. Thls is in addition to such lnalimisslble far any purpose in any ptuceedlllg. (See
other crimes or offenses that may he committed in the 3 {Z.J,A.rt HL 198?Ennstitut.l'unj
course of the illegal apprehension and detention
NDTE: If the illegally seized object 15 a s1.Ll:IJeL't of
In cases falling under paragraphs 11] and [2] litigation, it will Demaln in cusmdfa J'e,gI.l's until the case
justifying warrandess arrests, dte person arrested is terminated.
without a warrant shall be delivered to the nearest
pollee station Ear the r:ondLLr:t of inquest proceedings. -iliili=|1ll~'|||'ll"=|ff={l||=l|D|JllMF-
When a person is lawfully arrested without a warrant
involving an offense 'wlhieh requires a prellntlnarjf Any public nicer DI' emplnyree who wlthaut legal
investigation, inquest by the while prosecutor will grounds, delalns a person, shall suffer 3 penalty of
follow instead of a regular preliminary 1n1.-'estigation. lnlprisunmenl; {.4M»;'J'e 124, RPC;
pursuant: to Feetion r of Rule 112 of the Revised Rules
of Criminal ProeedLlre.
Waiver ul' Unlawhll Arresls and Illegal Searches When a private individual makes an arrest without
enmplg.-'ing with the requisites under Article 125, he
A waiver of an illegal arrest, however, is not a waiver shall be guilty of illegal detention under Articles 26?
of an illegal search. Records have establ lshed that Ur 268 {Re.1."e:'., /9 ed., 2817. pg 54]
both the arrest and the search were made without a
warrant. Whlle the accused has alread.v valved his The arresting olfueer is dut}.r-bound to release a
right to contest the legality of his arrest, he is not detained person If the rnaxlnlum hours for detention
deemed to have equally waived his right to oontesl provided under Article 125 of the RPC has a]read}lr
the Iegailtlr of the search. {.4.lcaraz v. People, ER. No. expired. Failure to cause the release may neslult in an
1950-42, November IR 2014] offense. fdlbior us. Ma r.r0', .4.M. No. P-01-I4?2, _tune 26.
2882]
Dcteniinn
NDTE: The illegality of the detention is not tuned by
Detention is defined as the actual e4:lnfiJ1ement of a the subsequent filing -of information i11 court because
person in an E]1l'I]lIISLll'E, Dr in any manner detaining a 1.flo]a1:ion had already been committed before me
and del1r1vi11.g him of his ]lhertJ.r. [People vs. IL'Fu11.gon. lnfnrnnatlon was Filed. (Reyes, 19'-!*' ed., EDI F, pg 591
6.8. No. 119594, Mcrrdl- 15, I951B}. A person is detained
when he is in cnnflnement DT there is a l\es1:raint in his
person. [UE us. Eohonog, 8 PIFuJ'. 64, of cited In Raya,
IEW' Ed., 2:11 ='1L
Classes ul'Arhitrarllr Detention [A-Del2]
1. Arhitrar'y detention by detaining a person

without legal ground {Aro'r:!e 124, REL)
2. [:lelaj.r i11 the delivery of detained persons to the
pro per judjeia] au orldes (Article 125, RFC]
3. Delaying release {Annie 126. RFC)
Tl1P dttpfllinn of A IIPrW1'1 Pi wirllmlt l¢'!°:=1T Found

auahrn;
1. He has not committed a crime
202 1 EDLDEN NIJTES IDE
PDLITICAL LAW
the computer system cur other sclmllar devices by or in

which data are recorded Ur stored. {Rufe 2, Section 1,
Efectmnic Rules in Evidence]
The right to prnraqr is 'in be free from unwarranted
[:lub]11:itjf. or to ]11.fe without unwarranted lnterferenee Related m pri vaqf of cdmmunlcatiuns is the And-
by the public in matters in which the public is not Wlretapping Act [R.A. 4200] which the Court has
neeessarlly concerned." To simply put, lt is "the right declared as pmhiblting the deenet refunding of
to be let alone." [5'pnr.rses Hint 'L-'_ ET:-i:llm:flu.].-'. ER No. EDTLEFEFSBHDHS either t.hr1:lug]'L wiretapping DI' tape
IFF.-736, fume26, 2813] recording.
GR: Right to pr11.raq,r is imfiulable. 1584: 3 {1}. Arr. LIE Enrn5pandfnne

1939 Ftl€J'lppine Ecrnstlmtfanj'
It is a eclmmun11:atll::ln Ba," means of letters; DT lt may
IPHS: refer to Me letters which pass between these who
have frlemlI_=,r nr tILlslness relations. (Reyes, 19-!*' sri,
1. By lawful order of the court, and 2:1151 pg. 3-[J]
2. Public safety DT public order as prescrlhed by
law. Fnrmi of Go rrrqpnnd pow -:nm-'pvrl:l;
NDTE: Anger evidence in vlolatinn of this right or the 1. Letters;

right against un reasnna ble searches and seizures shall 2. Messages;
be inadmissible fur any purpose in a no proceedings 3. Telep mm: calls; and
4. Telegrams and the like.
T*wrp 'in'=\n:11 nft*1p I*i=tl1I FE Pri1t=v"y
L LI 'L ~i. I Ll -i.
I
1. Looationof at 5'ltr.rl:!tllonor PrJ'voq.' - Privacy felt in
physical space, such as that which may be The* 1"i9='*1trn prima-""l¢' ii nm ah 'ifvll 1rf
violated by trespass and unwarranted search and
seizure. A limited intrusion into a person's prl1.-'acjr has long
2. Inlirrmodonol Privacy - Defined as the right of been regarded as permissible where that person is a
individuals to control information about public figure and the information sought to be elicited
themselves from him or to be published about him oonstitule of a
3. Decisional F.rlvoc}r - The right of individuals to pub] ir: character.
make certain kinds of fundamental choices with Succlnctly put, the right of prlvaq-' cannot be invoked
respect to their persons] and reproductive to resist publication and dissemination of matters of
autonomy. TF'rvares and _'i'u2a'ro' v. St Theresa's public interest
Cofreg-e, on No. 282686. September es. 2014,1
The interest suugltt to be protected by the right of
I | I | l'l | r privacy is the right to be Free from unwarranted
nr lil I pubilcity, from the tvmrngfui publicizing it' the private
affairs and activities dt' an individual which are
cluMide the realm of Iegltimate public concern. [Ayer
Pmductidns Fly. Ltd. '|.'!. Cnpuinrr.g. ca Hn. 82380, AM:
Communication is an essential outcome of protected 29, I988]
speech. Eommunlcation endsu who n:
HDTE: Probable cause in Sec. 2, Art III should be
1. A speaker, seeking to signal 1:ll1j:\ers. uses followed for the court to allow in1:l'usion. FartlculaJ'1t3r
cnnventlnna! actions because he or she of description is needed for written oorresjpondenoe,
reasenabljr believes that such actions wll] be but if the intrusion is done Lhrougli wire-taps and the
taken by the audience in the manner intended; like, there is no n eed to describe the content.
and I-Iowever, identity of the person or persons whose
communication is to be Intercepted, and the offense
Z. The audlenee Sl] lakes We al:1:ilJns. [I]J1 or offenses sought to be prevented, and the period of
mmmun11:a1:i1.re at:tinn[,] the hearer may nespelld the authorization g11.ren should be sped tied.
to Me elalms by either accepting the up-eeeh a1:l's
claims or opposing them with fritleism nr A rcgulatian mandating Me amening cl! mail nr
requests for 1.._.5tlE l:atlm1. [Dianne a.fBam.Fnd P ~f'nrrp4r+f\t\fl1'ntf* of ='lpnillpr'i in not ufifrlativr of t1'1p
FDMELEE, was. Na 285728, jhnumjr 21, 2915, rnnitituticmal l'l*'.l'11 in prWa<"¢'
as penned by /. LEDNEN]
There is nu longer a distinel:an between an inmate
and 3 detainee with regard in Me reasonable
expeetatlen of prlvaey inside his cell. The our tail rent
This refers i n a system of generating, sending, of certain rights is necessary to aeenmmndate
beoeivlng, storing Ur nthervdse prueessing e]el:1:rm1lc instltutiena] needs and ubjeclzlves of prlsnn facilities,
data messages ar electrmiie d::ll.'un1enls and includes primarily internal ser:Llrlt§l,r. AS long as the letters are
IDT
lx. ElLL DF RIGHTS
not confidential edmmunicatjan between the detainee ether employees from accessing his computer fllu
and his lawyer the detention dffldais may read them. l"PnJ'f4:r v. Davila, ER No. 181881, D4:'t4:rbérI8, 2811]
But if the letters are marked ednfidenlial The Eth-crcrlme Law dues nat regard as m`mc
et-mmunieatinlt between detainee and the laws,rer, the privacy f=1fum1lf1il"=ti=1u'-1 =if 'if-'vuM p e r : H r r
effieer must net read them but only inspect Mem in hn14ptncnn1pnliu41adult1
the pnesenee of detainees. A law is not needed before
an executive nffleer may intrude into the rights of The deliberations of the Blcameral Committee of
pri1.-'ar:II.' of a detainee Ur a prisoner. By the 1.-'erjr fact of Eongness on Sec.-1[c][1] of the law show a lad: of
'Lhelr delentinn, they have dlntlnlahed expeelatlnns of intent to penalize a private showing between and
privaqr rlghls. {Al'ejnf:rn u. lll:'.l:ri'aua_1.". GR. Na 150?92. among two pr11.rate persons altltough that may he a
Aqgtrst 25, 2885] form of obscenity to some. The understanding of
those who drew up the cj,-'bercrlme law is that die
Q: The ESE Ehairperson Karina Constantino-David element of "engaging in a business" is necessary to
received a letter-oomplaint which said that an -constitute the crime of illegal cybersex. The Act
employee of die ESE was a lawyer of an accused actually seeks to punish Cyber prostitution, white
government employee having a pending ease in slave trade, and pornography for favor and
the said agency. A.ctin,g on Me matter, she ordered oonslderadon. This includes intecact11.re prostitution
die lilting up of all tiles in the oornputers lund and pornograpl11.rI el, by Webcam. [Dome 1.-'_ Secretaryr
in the Public Assistance and Liaison Division ofjustlce, do Ho. 283335, F-etJruorjl.= or, 2014]
[paLo] of which Briccio P-ollo was the DlTir:er-in-
Charge. Drafts of legal pleadings were found in Right of privacy in1nri=lT mplrli=l
Pollo's computer. Thereafter, he was charged with
Disbonestjr, Grave Misconduct, Conduct To address concerns about privacy, but wid'Lout
Prejudicial to the Best Interest of die Service and defeating i s purpose, Faoebook was armed with
'Ji-olation of Rn. No. 6713. On his part, Polio different prlra-cgl.r tools designed to regulate the
attacks the backing up of bis files as it was done aocessibilitjr of a user's profile as well as information
without his knowledge and consent, thus uploaded bar die user. It is through the availability of
infringing on his constitutional right to llrivae].r. Is said privar.'j,r tools that many DSN (D-nllne Soclal
he correct' Network] users are said to have a subjeirtjve
expectation that only those to wl'Loln Urey grant access
A: HD. P1.Lh]lr emplnjfers have an interest in ensuring to their pnolile will view 'Ll'Le information tlley post or
that their agencies operate in an effective and effi-l:le]1t upload thereto.
manner, and the work of these agencies inevitably
sul"t'ers from t'he ineEflr:ienql,f. inenmpete]tce, This, however, dues not mean that any Fmzebunk user
mismanagement, nr other work-related mlsfeasanee aLLt11ma1:i4:all5r has a pmlecled expectadan of l:lr11.raq"
of its e rnplnirees. in all -nfhls cur her Facebn-uk acijvtlies.
Indeed, in many cases, pub]ic employees are Before one can have an expectation of privacy in his
entrusted with tremendous responsibility, and the or her DSN activity, II is first necessary that said user,
consequences of their inlsconduct DT incompetence to in this ease the children of petitioners, manifest the
boUl the agency and the public interest can be severe. lntentlnnto keep certain posts private, through the
In contrast to law enforcement ofFlclals. therefore, employment of rneasunes m prevent access thereto DT
public employers are not enforcers of the criminal to ]1mlt its wslhlliry. And this lntentinn can materialize
law; instead, public employers have a direct and in cyberspace t.hrou.eh the uitiljzatlon of the Il]SN'S
o1.rerriding interest in ensuring that the work of' the privacy tools. In other wards, utilization of these
agency is conducted in a proper and efficient manner. privaqr tools is Me manifestation, in q,rtler world, at
the 11ser's invocation of his or her right to
In our view, therefore, a probable cause requirement infcarlnatlonal prlvaqr.
fm' searches of the type at issue here would impose
intolerable burdens on public employers. The delay in Therefore, a Facebook: user who opts to make use of a
correcting the employee misconduct caused by the privacy tool to grant or deny access to his or her post
need for probable cause rather than reasonable or proliie detail should not be denied the
suspicion will be translated 1 nto tangible and often informational prl'uacy right which necessarily
irreparable damage to tbe a.genq,r's work, and accompanies said choice. Otherwise, using these
ultimately to the public interest. privacy tools would he a feckless exercise. such that in
for instance, a user uploads a photo or any personal
Besides, Pollo failed to prove that he had an actual inforrnatlon to his or her Facebook page and sets its
[subiectiue] expectation of pri'uac.§.r either in his ofliee privacy level at 'Gnly Me' or a custom list so that only
or government-issued computer which contained his the user or a chosen few can view lt, said photo would
persons] flies. He did not allege diet he had a separate still he deemed puhllc by the courts as if the user
enclosed once which he did not share with anyone, or never chose to lilnit the photo's vlslhility and
that his on-oe was always locked and not open to accessibility. Such position, if adopted, will not o11l!.-'
other employees or visitors. Helther did he allege that mlp these privacy tools of their function but it would
he used passwords or adopted any means to prevent also dlsnegard the very intention of the user to keep
PDLITICAL LAW
said photo at information within the confines of his or authorized Br all the parties to any private
her private space. {i-Wuores v. St TJ'Jeres.n's College, GR communication or sp-oken word,
Ho. 282656. September ea, 20/4] 2. To knomOngly possess any tape record, wire
recon, disc record, at any other such le-oorcl, or
Rcasnnahlc- exp-r.'|:ta|:i4:m ufprivacy test copies thereof, of any communication or spoken
we-rd secured either before or after the effective
This test determines wheliier 3 person has a date of this Act i11 the manner prohibited by this
veascmable expe1:t.a1:1an of privacy and wheliier the law;
expeetaljcln has been violated. 3. To replay the same for any other person or
persons,
In Dale v. TnrJ"es, we enunciated that "the 4. To oommunlcate the contents thereof, either
neasnnahleness of a peril::n's expectadun of l:+rl1.raq," verhaliyr or in writ fig; or
depends on 3 two-parr ten: s. To furnish transcrlptloris thereof, whether
complete or partial, to any other person.
1. 1l'l.I'heLhe]r, Ba* his eunduet, the individual has
exhibited an expectation of privaqr; and Under Sen 3 of RA 4288, a pea1:e l::Mr:er. who 15
z. This expectation is one that sucieqr via-gnizes as aulhorlzed Br a written order 1:l1E do -Erfurt, may
reasnriable." Execute any of Me 3:13 declared to be unlawful in Sec.
3. Customs, community norms, and praetlces may, 1 and Sec. 2 of We said law in cases im.l'n]1.r1ng the
therefore, Jimjt at extend an 1ndlvlduaI's crimes Df:
'reasonable ex peclatlon of prlvaqr." Hence, the
reasonableness of a [person's expectation of 1. Treason :
prlvaqf must be determined on a case-to-case 2. Espionage;
3. Pro1.-'oklng war and disloyaltgr in case of war;
basis since it depends on the factual
4. Piracy and mud no in Me high seas;
dncumstances surrounding the case. [8pJ'e l.-L
5. Rebellion [mnsplraqr and proposal and inciting
Torres, ER. No. 139635, jury 33. 1998)
to co mmit included);
Q: Sps. I-lin8 were 'lll'W"l1ET ot' 3 parcel ot' land and 6. Sedition {r:onsplraq,r, inciting included]
aldo Inc. consuucmd an auto-repair shop building T. Kidnapping; and
an the adjacent lat. Aldo filed a case Tor injunction 8_ '|.Ir.1-olalio ns of CA. 15115 {.oun8'hln.g eqllonoga and
and damages claiming that tbe Spa. Hint were other o.;j'ens-es oil:unst no Lfonol ser:ur1'l.}'}.
constructing a fence without '.ralid permit and that
the construction would destroy their building. The The use of telephone extension is not 3 vldlation of
case was dismissed for failure do Aldo to REL 42:1] [Anti-Wire Topping L.-Jw). The use of a
substantiate its allegations. Aida Inc. Men telephone EJCIIETlSilII]1 to mrerhear a private
installed :we cameras on their building facing the conversation is neither among those devices, not'
property of the Sps. I-[ing. The spouses contend eonsldered as 3 similar device, prohibited under me
that the installation of' the cameras was an law. [Gannon Ur. Lao, on No. 1-69809 Getoher 16, 1586]
invasion of their' privaqaf. [s More a limitation on
the inst:aJIal:ion ofsunreillance cameras' Q: Ester s. Garcia, in a eenfrnntatien with Ee-cone
Ramirez, allegedljrvexed, insulted, and humiliated
A: 'l'ES. In this day and age, video survelllanee Ramirez in a 'hostile and IiLlriuus me-ad" and in a
cameras are installed practically e\rer'3,."'n.rhere for the manner offensive to Ran:irez's dig;llit].' and
protection and safety of everyone. The installation of perse-na1it].r. Ramirez then filed a civil ease far
these cameras, however, should not cover places damages against Garcia. in support of her clam
where there is reasonable expectation of pri'uacy. Ramirez pre-duced a verbatim transcript of the
unless the consent of the lndl'ulduaL whose right to event. The transcript on which the civil case was
prlvaq." would be affected. was ohtalned Nor should based was culled Irnm a tape recording of the
these cameras be used to pry into tl'Le prlvacyr of rdnfrantatian.
anotl'Ler's residence or business of flee as lt would be
no different from eavesdropping, which is a -crime AS a result of Ramirez's rnmrcling of Me nirent,
under Repuhllc Act No. 4200 or the Anti-Wlretapping Garcia filed a l:nolinal case for viulalziun of RA
Law. [.'i}Js. Hung if. Choachuy, GR. No. I?9?.8'd, June 26, 421:i1:i, alleging that the act of secretly taping the
2013) cunfrlnntatinn was iille£al. Ramirez cnntcnds that
Me Earls charged du nat mrl3l:it1.lte an -nflerlslr. Was
Prnltihitpfl #Ni ume or uv- »\n1i-'¢\{irp Tappitw I aw Mun a violation of RA. 42DD1
IRA. no. 42nn112009 BAR]
A; YES. The unamblguitv of the express words of the
1. To tap any wire DT cable, or Br using any other provision, taken together width the above-quoted
de1.rlce or arrangement, to secretly oiferhear, deliberations from the -Congressional Record,
intercept, or record such communication or Ihereione plainly supporln the view held be the
spoken word be using a denice commonly known
respondent court d'Lat the provision seeks to penalize
as a Dictaphone or dictograph or detectaphone or even those privy to the private communications.
walkie-talkle or tape recorder, or however
otherwise described by any person, not being
109
lx. ElLL DF RIGHTS
Where the law makes no dis1:inr:tinns. one does nut
distinguish. Ev-"l1l1ir»n=llr'¢ rule rTw- Fruit of *to* P-wiinnrrlva
Tree Dur:trinu:"1
The nature of 1:he con'uersat:lons is immaterial to a
This rule prohiblls d'Le issuance at' genera] warrants
violation of the statute. The substance of tlle same
need not be specifically alleged in the information. t:l'Lat encourage law enforcers to go on fishing
The mere allegation that an individual made a secret expeditions. E1.rldenee obtained through unlawful
recording of a private communication by means of a seizures should be excluded as evidence because it is
tape recorder would suffice to constitute an offense "the 1:llnl},f l:+ralL'ti1:8] means of enforcing 'L]1e
under Section 1 of RA. 42I:ll].As the Solicitor General oonstltutional iniunctzlon against u11reasonal:l]e
pointed out in his com:-1EnT before the respondent searches and seizures." It ensures that the
court "Nowhere [in Use said law] is It required that fundamental rights to one's person, houses, papers,
before one can be regarded as a violator, tbe nature of and el:Tecls are not lighdy infringed upon and are
upheld. [PP in Romano, be No. 2mss4, _[mj.I'3Q 20141
the C1]ll'!ll'ET§3l:i[llfl, as well as ins communication to a
'Lhird person should be professed."
GR: Any e1.rldenlL*e obtained in v14latlun of the
-El::l]1stllut1l::n shall be inadmissible fur any purpose in
The phrase "private cammunlcatiun" in Sfectlan 1 of any prnceedi fig. [Sen 3 f2j', Art. m, I98? Ernnstiru Linn]
RA. 420] is broad enough to include verbal nr nun-
verhalI written Ur expressive cammunlcaliuns of :lcpl~.rs:
'meanings or lhnughls' which are likely to include Me
emotionally-charged exchange between petitioner 1. In the absence of any governmental Interference,
and private respondent, in the prlvaqr of the latter's the pruteetiun guaranteed bar the Canstltudan
office. [Ramirez v. EA, GR. Na. 93333. September 28, can not be invoked against the State. [People v.
19951 Marti, an Nu. ?S189,junLrur}r IE. 1991}
z. It may be used in judicial or administrative action
Q: DDI Secretary Raul Goozales warned that that may be filed against the erring aftieer. ffruz
reporters who had copies of the compact disc [CD] and Cru2'*. Eonsritu Liana! Law, 2015 Et p. 338)
and those broadcasting or publishing :is contents 3. There is an express or implied waiver.
could be held liable under the Anti-Wiretapping
Art. Secretary Gonzales aJso ordered Me l'»lBl to go NDTE: If the accused did nat raise the issue of
after media organizations "found Lo have caused admi sslbllitgr against him befuddle arraignment, such
the spread, the playing and die printing of tile -nmisslun mnstltuted a waiver of l:+mtel:1:l-cm. {FeapJ'-2 u.
contents of a tape" of an ajleged wiretapped .E.\'8'fEl, E R HD..7\3DI5l5. April 23, 1993]
conversation involving rJle President about lining
votes in 2lllH- national elections. Liao the DDI Q: Can the exclusiunargr rule be applied as against
Secretary use the Anti-Hfiretappiog act as a private individuals whu- vi-nilate the right to
regulatory measure to prohibit the media from privalzjr?
publishing the contents of the CD?
A: Yl8"s. Although generally, the Bill of Rights can only
A: ND. The Eourt ruled that not e'.rerjI..r violation of a be invoked against violations of the government, the
law will iustlfy' straitja-cketing the exercise of freedom -Court has recognized an instance where lt may also be
of speech and of the press. There are laws of great applied as against a private individual. Letters of a
significance but their violation, Br itself and without hulsNand's paramour kept inside the husliand's
more, cannot support suppression of Eree speech and drawer, presented by the wife in the proceeding for
free press. legal separation, is not admissible in evldencle The
reason is that marriage does not d11.rest one of ilis,l'ller
In fine, 1.rlo]ation outlaw is just a factor, a vital one to be right to privacy' of communication. [Zuiueto v. E.-il, on
sure, which should be weighed in adiustlng whether No. I 0?383, Felimorjr 2I|5L 195l-6]
to restrain freedom of speech and of the press
The totality of the injurious effects of the violation to .Irina 1fIpllall-'1u=l:l'l EQi5lll=i,9luil=x1»1llll,l
private and public interest must be calibrated in Light
of the preferred status accorded hr the Constitution Nu law shall be passed abrldgjng the lreed1:l»m of
and by related 1nternat:l-ona] covenants protecting speech, of expresslan. or of the press, or nflthe right of
freedom of speech and of the press. the people peaceably to assemble and petltinn the
government for redress of grlevanees. (Are HL Sec. 4,
By all mean; vineddns of law should be vlgnmusly res? Philippine IE'4:u'J-sNtr.rNa::l,T
prosecuted by the Stale [nr they breed their own evil
eunsequenee. But to repeat, the need la prevent their
1.-'1-dlaljnn eannnt per se trump the exerelse of
freespeech and free pi*ess,a preferred right whnae
breach can lead to greater evils. [Chavez P. Gonzales.
(ER. No. 168338, Fehrudry 15, 2008] People are kept from any undue interference Ernm the
government in their d'1augh13 and wands. It flows
I =l:l'nlllnflTJM:4HrIIli=_ h"nm the phi]nsnphy that the autharlties on not
necessarily knew what is best Eur the people.
202 1 EDLDEN NIJTES up
PDLITICAL LAW
R-:npr of llrlr+tprtpr1 frrnlnm al' p'xprp'i1irrl1 ulldlpr distributor, with the intent to limit nr restrict
mf- l`='m'4IitI1l'ifm circu lateen. These modes of interfering with the
freedcun in circulate have been censtnnt:yr
1. Freedom of speech; stridden down as unneasnnablle Iirnitatinns in
2. Freedom of the press, press fneedemt [Chavez r. Ennznles 5.8. Hn.
3. Right of assenlls]y and to petition the 158338. Fehmarjr IE, 2008] [z I]14 EAR]
government For redress oEgrle1.-'an-ces;
4. Right to form associations or societies not MUTE* There need nat be total suppression, even
contrary ID law, nes1:l'1elill:l n of cireulaliun eunsdtules eensnrshlp.
5. Freedom of religio rl; and
6. Right to access to information on matters of Pl:rli1:llL'al Speech
pub] ic concern.
Polit:lcal speech is one of the most important
Speech i not limited to vocal communication. expr'esslons protected by the Fu ndamental Law "and
Induct is treated as a form of speech sometimes have to be protected at al] costs for the sake of
referred m as 'sjrmhollc speech, such that when democracy." (GM. Network |.-*_ COn-fELEIC. ER. No.
speech and non-speech elements are combined in the 2 9 5 3 5 1 Se p t e m b e r 2 , 2014.1.
same course of conduct, the "communicative element"
of the conduct may be "sutticlent to bring into play the Political speech is motivated Br the desire to he heard
r i g h t to freedom of expression the form of expression and understood to more peop]e to action. II is
is just as important as the information co n ve ye d 'L h a t concerned with Me sovereign right to change the
lt forms part of the expression. [Diocese oj'8oco.fod u. contours of power whether through the election of
Commfssfon on Elections, on Ho. 285728, Jcrnu-rrrj." 2; representatives in a republican government or file
Eros; nesrlsion of the basic text of' the -Eonstihution. We
evaluate restrictions -an freedom of expression from
Protected speech includes every farm of expression, their effects. We protect both speech and medium
whether oraL written, tape or disc recorded. It because the qua]itl,f of this h'eedom in practice will
includes motion pictures as well as sg,-'rnhdlie speech define the quality of deliheratlon in our democratic
sudh as the wearing of an armband as a symbol of society. [Diocese of Bac-ofod v. cosfstoti G. R. No.
pretest. Peaceful picketing comprises the meaning of 2EI5?28. ,lf-:moo ii EI. 2-sri5.r|I
speech.
Four a§pe1:13 -nffreed-nm Ni speech and press
1. FWedam from censorship Ur pn'nr restraint - 3-ee Speech is not limited to vocal communication.
dlscusslnn on prlnr resl:l'alnL Conduct is created as a form of speech spmetllnes
referred to as 'symhnllc speech," such that "when
z. Eeednm ,hum subsequent punishment to 'speech' and 'n-cinspeedm' element are combined in
pubfitutiun - see discussion an subsequent the same course of c4:lnduct,' the 'cn-mmunlca1:1ve
punishment element' of the ecmducl may be 'sILLEflcienl tp bring
into play Urie [r'1.g]'Lltn freedom clfeneptessie-nj.
3. Freedom of access to i n fo r m a ti o n regarding
matters ofpubiic Interest - Dfliclal papers, report. The right to freedom of expresslun, thus, applies to
and document, unless held confldendal and the entire continuum nfspeech from utterances made
secret by competent aut.l'Loritg." in the public in conduct enacted, and even to inaction itself as a
interest, are public records. As such, t.l'Le],r are symbolic manner of cnmmunlca1:1nn. Hllncue of
open and subject to regulation, to the scrutiny' of Bucniad' u CUMELE-C, an Na. 2n5F2a j'anuar;l.= 21,
the inquiring reporter or editor. Information 2015]
obtained confldentialljf may be printed witho1.Lt
speclllcation of the source; and that source is
closed to official lnqu1|r]_.r, unless the revelation is
I 5*'Hll[ll:°'1l~'lll*'l:l =¢-~4=-=:-=l-r-:~¢-¢=rl*'l=»~1
d e e m e d Br t h e court s, o r B r a Ho u se o r
The Constitution provides that "sovereignty resides in
commitoee of d'Le -Congress, to be vital to the the people" who manifest it regularly through their
sec1.Lrlty of the State. suffrages and, more freq uentljf and generally, by the
assertion of their freedom of expression. This
4. Heeder of efrrufarinn - ReFers m the sovereignty would be negated if they were denied the
unhampered distrjbuutldn of newspapers and opport uni t y to participate in the shaping of public
other media among E'l.l.'§l:DlTI.E'["5 and among the affairsthrough Wie arbitrary imposition upon them bf
general putilie It may be interfered with in the ban of silence. (Cruz, Constitutional Law, page 4F'2.,
several ways. The must imp-urtanl of Mex is 2915 edition]
eensnrsNlp. Dther ways include requiring a permit
nr I1-dense for t:he distributldn of media and
penalizing disseminatlnn of spies made w1thrJ1.Lt
it, and requiring the payment of a fee DI' lax,
imposed either on the publisher Dr an the

lx. ElLL DF RIGHTS
Freedom to express a person's s»e11tlmen13 and l:le]1ef the "aggregate-based" alrtinie limits - leveling the
does not grant one 1:he lleense m nullify the honor and pla.'l,ring Held - does not constitute a compelling state
integrity of another. Any sen1:irent must be expressed interest which would justify such a substantial
within the proper forum and with proper regard for restriction on the freedom of canOlOates and political
the right of others. (Soriano v. Loguordio, E.R 1-54rs5, parties to conlm1.Lnir:ate Ithelr ideas, philosophies,
March 15. 2018] platforms and programs of government And, this is
specially so in the absence of a clear-cut basis for the
Q: Social Weather Station [SWS] questions imposition of such a p1'ohiblti1.-'e measure. In this
CDMELEC Resolution 9574 requiring Them to particular instance, what the ECIHIELEE has done is
disclose the names of commissioners and,,»'or analogous to letting a bird 1`l.1,-' after one has clipped its
payers of election surrifejrs on Lhe ground that it is wings.
a curtailment -of free speech. Decide.
It is also particularly unreasonable and whimsical to
A: sws is wrong The names of those who conirnisslon adapt the aggregate-based time limit on broadcast
or pay for election surveys, including subscribers of time when we consider that Me Philippines is not only
survey firms, must be disclosed pursuant to Section composed of so many islands. There are also a lot of
5.2[a] of the Fair Election Act. This requirement is a languages and dialects spoken among die citizens
valid regulation in the exercise of police power and across the country. accordingly, for a national
effects the constitutional polic.y of guaranteeing equal candidate to really reach out to as many of' the
access to opportunities for public service. Section electorates as possible, bien II might also be necessary
5.2[a]'s requirement of disclosing subscribers neither that he conveys his message through his
curtails petitioners' free speech rights nor violates the adyertisemenis in languages and dialect that the
constitutional proscription against the impairment of people Jnay more readily understand and relate to. To
contracts. Concededly, what ace involved here are not add all of these alrtlmes in different dialects would
elect:lon propaganda per se. Election surveys, on their greatly hamper the ability of such candidate to
face, do not state or allude to preferred candidates express himself - a form ofsuppresslon of his political
When published, however, the tendency to shape WMM.
voter preferences comes into p]=r- In this respect,
published election surveys partake of the nature of EEIMELEE itself states that "[tle]e'urjslon is arguably
electlon propaganda. It is then declarative speech in the most cost-effective medium of dissemination.
the context of an electoral campaign properly subject Even a slight increase in television exposure can
to regulation. Hence, Section 5.2 of the Fair Election signidcantljr boast a ca1'Ldidate's popularity, name
Act's regulation of published surveys. fecal] and electaOility." If that be so. then drastically
curtailing the abllitg,-' of a candidate Lu effectively react
Whlle it does regulate expression {i.e, petitioners' out to the electorate would uniustjfiablg,-' curial] his
publication of election surveys], II does not go so far Ifreedorn to speak: as a means of connecting with the
as to suppress desired expression. There is neither people.
prohibition nor censorship speclflcalljr aimed at
election surveys The freedom on publish election Finally on this matter, lt is pertinent to quote what
surveys remains. All Resolution No. 'QEIT4 does is justice Black wrote in his concurring opinion in the
articulate a regulation as regards the manner of landmark Pentagon- Papers ca5)e: ' I n the First
publication, that is, that the disclosure of t:hose who Amendment, the Founding Fathers gave die free press
commissioned and,,For paid for, including those the protection it must have to Eulflll its essential role
subscribed to, published election sur1.-'elys Jnust be in our democracy. The press was to serve the
made. {5ociol' Weather Station LL cometeti ER No. governed, not the governors The Governments
208062, APF'J'f 1 zor 51! power to censor the press was abolished so that 'Lhe
pre-ss would remain forever tree to censure the
Q: CDMELEC Resolution lilo. 9615 deviated Hom Government. The press was protected so that it could
the previous EDM ELEC resolutions relative to the hare the secret of governntent and inform the people.
airtime limitations an political advertisements. It Gnly a free and unrestrained press can effectively
computes the airtime on an aggregate basis expose deception in government" (ohm Network u.
im-'o1\rin,g all the media of broadcast conetcti as No. 205:f5?, September 2, 2o141
communications compared to Ute past where it
was done on a per station basis. The result of Q: Members of the faculty of the University of the
which is the reduction of die allowable minutes Philippines College of Law published a statement
within which candidates and political parties an din allegaljens of plagiarism and
would be able to calnlp»aign through the air. Did misrepresentaljen relative to El certain Edurt's
CDI'-'IELEC commit grave abuse of discretion in deeisieo. Essentially, the Iaeulty calls for the
issuing said resolution? resit;nati-nn of ]usti-ee Marie Paseual in the face of
allegjatiens of plagiarism in his work. Dues this act
A: YES.The assailed rule on 'aggregate-based' airtime et the fal:\LIlt§f members squarely fall under die
limits is unreasonable and arbitrary as i t unduly freedom efspeedl and expression?
restricts and constrains the ability of candidates and
political parties to reach nut and communicate with A; HG. The publlcatiun of a statement by the faculty of
'Lhe people. Here, the anim:-lte:1 reason for imposing the Un lverslljr of the Phlllppi new -E0 liege regarding die
PDLITICAL LAW
allegations of plagiarism and mlsreplresentadon in the so lang as men fight and that no court could
Supreme 'Court was totally un necessar],r,, uncalled for regard them as protected by any constitutional
and a rash acl of misplaced 1.rlgllance.WTLile most T1.g]'l1;
agree that the right m crldclse the Judiciary is critical 2. The primary oequioements of decency may be
to maintaining a free and democratic society, there is enforced against obscene publications; and
also a general consensus that Ihealtl'L.',f crlticlsnl only
3. The security of community life may be protected
goes so Ear. Many types oF criticism leveled at the
against lncltenlenls to ans of violence and the
Judiciary cross the line to become harmful and
o1.fe1'throw by force of orderly government.
irresponsible attacks. These potentially devastating
attacks and unjust critjclsm can threaten the
Prn'inlsinns of the* Revised Penal Elude in LibcI and
independence of the Judiciary. [Re; Letter no' the UP
Mf' prnviiinn of Ihr- livhrr lirimt law in p'le'hpr
Low Faculty entitled' "Restoring inte,l_;l'ril.}r: A Statement
by the Fncullly of the Unluersity of the Philippines Ii hr-1 ==IrP mu¢Htuhnm l
College of Lew on the Aile.gdtions of P1'cl.gioriSm -and
lJbel is not a co nstitLLl1onalI.gl.r protected speech and
Misfepresentntion in the Supreme Eourti AM. No. 10-
that the g01.rernment has an obligation to protect
re-4-55. riittoher 19, ze:0]
private individuals from defamation. Indeed, orb-er
-lITI:l1.l'lll:l:l'¢llIlJllI'lll.'_ libel is actua]]],r not a new crime since Act. 353, in
relation to Art 355 of the penal code, already
punishes it; In effect, Sec. 4{c]{4] Jnereiy affirms that
online defalnallon constitutes "similar means" for
committing libel. Furthermore, the United Nations
Human nights Committee did not acmallyr enioln the
It refers to the official government restrictions on the Philippines to decrlmfnalise libel. It simply suggested
press or other forms of expression in advance of that defamation laws be crafted 'with care to ensure
actual publication or dissemination. [Bernays, The Isa? that they do not stifle freedom of expression. Free
PJ'n'ff.op.llna Constitution A Comprehensive Reviewer, speech is not absolute. It is subject to certain
2006; restrictions, as ma.'l.r be necessary and as may be
pro1.rlded by law. [D8'lr:ri v. Secretory o.,fj'r.rstlce_ GR. No.
NDTE: There need nut be total suppression. 283335 February II, 2814]
Freedom from prior restraint is largely freedom from MUTE; In her dissenting and concurring opinion, Chief
government censorship of publications, whatever the justice Marla Lourdes Serene posits that the por:-em-:'l'a'
form of censorship, and regardless of whether L: is correctly holds that libel is not a constitutional],r
wielded by the executive, legislative at Judicial branch protected conduct lr is also correct in holding Mal,
of the government Thus, it precludes governmental genera]]1.r, penal statutes cannot be invalidated on the
arm that required approval of a proposal to publish, ground that they produce a 'chilling effect," since bl.'
licensing or permits as prerequisites to publication their very nalllne, they are intended to have an in
including tile payment of license taxes for the terror-em effect {benign Chi]ling effect] to pne1.-'ent a
privilege to publish; and even injunctions against repetition of the offense and to deter criminality. The
publication. Even the closure of the business and "chilling effect" is therefore equated with and justified
printing oldices ofoertain newspapers, resulting in the by the intended in terromm effect of penal protdslons.
discontinuation of their printing and publication, are
deemed as previous restraint or censorship. Any law Thus, when Congress enact a penal law affecting Free
or oflidal that requires some form of permission to be speech and accondingllf imposes s penalty that is SEI
had heiore publication can he made, commits an discouraging that L: effe~cti1.fe]1r creates an "insidious
infringement of the constltut:lona1 right. and remedy chilling elTect,' thus impeding the exercise of speech
can be had at the court. [Chavez v. Gonzales; ER. No. and expression altogether, then there is a ground to
:erase Febnrorj-' 15, eoua) invalidate the law. In this instance, lr -.mu he seen that
the penalty provided has gone beyond the in terrorem
Excepiiuns to Ulf prohibition of prior restraint [P - effect needed to deter crimes and has thus reached
F-A- D1 the point of encroachment upon a preferred
constitutional right
1. PnrnngJ'al:»h].r;
2. False or Hlsleading Advertisement; Two kinds of chilling cffcn
3. Advucaqr of Imminent Lawless Actions; and
4. Danger to Natl Una] Eecurlqr. {50:.|:m0 v.
Laguurdia, (IR. No. 165636, .4pnlf 29, 2009]
Hay' he cauacd lay penal | May he
Naur u. Minnesota, 283 us 69? H934 adds tTle statutes which are g laws | affecting
following t1:l the en umeraliu n: intended to have an in speech and accordingly
termr-em effect to | imposes a penalty Lhat is
1. When 3 natlnn Is at war, many things that might prevent a re petitle-n of | so discouraging thus
be said in time of peace are aueh a hindrance to the offense and to deter impeding the exercise of
113 effort that their utterance will not be endured criminality. The chillln8 speech _ emtpresslcut

lx. ElLL DF RIGHTS
effect 15 equated with alt1JgeLher. z. Ertas-cenlt}f - In Pita II Erfurt of Appeals, the
and justified Br.' the Supreme -Court declared that tile determination
intended in tenurem o f w h a t i s obscene is a Judicial MnMdn. [Pita v.
effect of penal cs ER Nu. 80836, DcEdI:l»e'r5, 1939;
]]l'[W'1$11]lI§. 3. Eroticism of Ojllcial Conduct - In New Yuri' Times
Permissible Nut Permissible U..S'uHiu'm1., 8'?6 US' 254, March 2 1564, the
cu nstitutlcinal guarantee requires a federal r u l e
that prclhibils a public dflictial from recovering
Q: Nestor posted on Facebook that juan Dela Crm, damages far a defamatlsrg.-f falsehood relating to
a married perso "J has an illicit affair with Maria. his ufflcial conduct unless he prom-'E that 'Llle
Dexter liked this pest and eolnnlented: 'Yest This statement was made with actual malice.
is true! What an immoral thing to do'8'!" This pest
was likewise liked by 23 people. juan Dela Cruz 4. Right nfstudenu tafiee speech in sdmn! premiSu
filed a case far online libel against Hester, Dexter are not ahselure - The seheel eannet suspend DI'
and 23 other people who lil-:ed the pest using as expel 3 student solely D11 the basis of 1.11e artleles
his basis See. 5 of the E].rherenlnle law whim he has written exeepl when such a r t i c l e
penalizes any person who wi1II"LI1l]r abele DT aids in materially dlsrupls class work or 1 n1-'elves
the commission of any of the offenses enumerated substantial disorder 'DT lmraslnn of rights o f
in Me said law. is Unit provision of the law etllers. (Miriam College Fnrmdetl-an '|.". CA , G B
eorl.stitutiona1'I 127930, Deeemher 15, seas;
A: NIJ. Section 5 with respect to Sectlon 4m141 is

unconstitutional. IIE 'vagueness raises ap]Jrle]'Lenslon
on the part of internet users because of 113 obvious G R: Every dlsereditable public imputation is false
ehilllng effect on 1:he Freedom ofexpresslon, especially because ever.3,r man is presumed innocent, thus, every
since the crime of aiding at ahertlng ensnares all the false imputation is deemed Jnalleious, hence,
actors in the cyberspace front in a fuzzy way. What is actionable.
more, as the petitioners point but, formal crimes such
as llbe] are not punishable unless consummated. In XPH= When the discreditable lmputadnn is directed
the absence of legiislatibn tracing the lnteractlbn of against 3 public person in his public cafpa-cltJ.r. such is
nctlaens and their level of responsibility,-' such as in not necessarily a c t io n a b le .
other countries, Fectlbn 5, in relation to Section
4[c][4] on L1beI. Section 4[c][3] on Llnsoliclted NDTE: For lt to be aclils11ab]e. it mLI_'it be shown that
Commercial Communications, and Section 4[c][2] on eithertheme is a false allegatlsn of fact Ur comment
cmld Pornography, cannot stand scrutiny. outer.; based on a false suppssidan.
XPN to the RPN: If the comment is an

expresslmi at' apinlnn, based in established
A Iiniilation on the power of the Slate from imposing a facts; it is lmmalerlal whether t he apl nl nn
punishment after publication or dissemination. happens to be mistaken, as lang as it might
Wit hout t his assurance, the individual would h e s it a t e reasonably be i n f e r r e d from facts. [8ar,la1' 1.-'_
to speak for fear that he might be held to account for EA. [LR Na 12646-E, January 14. 1999]
his speech, or Mat he might be provoking the
vengeance of the our:ia]s he may have criticized. Fn:1:dul:n n r Lhe Press
[Nochuro Dutiine R-evlewerln Po{iI.k'oi Low, p. I 5 2 ]
The guarantor of freedom to speak is useless without
This second basic prnhibltinn of the free speech and t h e ability to communicate and disseminate what is
press clause prohibits systems of §LLIIISEEILlE]1l: said. And where there is a need to beach a large
punishme]il which have the effect of unduly curtailing audience, the need to access the mealL=. and media f o r
s u c h dissemlnaljdn becomes critical. Thls is where die
expression.
press and hrnadcast media come along.
Mme; Fneednm from subsequent punishment is not
abs-u-lute, it may b e p 1 'tlp e r]y regulated in the interest I n t h e ultimate analysis, when Urie press is silenced, DI'
of the l:l~1.lb]lr:. The State may validly lnlpnse penal otherwise muffled in us undertaking of acting as 3
andfnr admin lstrative sanctions such as in the sounding beard, the people ultimately would be the
fro]]-nwing: victims. [GM. Newark u. CQMELEC, GR. Hg. 205352,
Septembers, 2814]
1. Lilac! - A public and maliclcuus imputation of 3
crime, vi-cc fir defect, real or lmagi nara or any act Q: A national daily newspaper carried an exclusive
l::lmiss11:ln. status tending to cause di3]1cncr. report stating that Senator Bal Bass received a
discredit Cr contempt of a natural or Judjcia] house and lot lo-rated at w Street, Makati, in
person, GI' blacken the n1emcl8.r of enc who is consideraljon for his vote to cut cigarette taxes be
dead. pin 353, Ret-'ls'cd Panel l2'adc} 50%. The Senator sued the newspaper, its
reporter, editor and publisher for libel, rlaimiog
the :report was oompletelgr fajse and rnaljrious.
PDLITICAL LAW
According to the Senator, there is IID YY Stieet in and lhveaten the doctrine of judicial Independence.
Makati, and the tax rut was only 28%. He claimed [In RE; Aifegntians Contained in the Enlumns as' Mn
one million pesos in damages. The defendants Amudn P. 8-!l04:'asaet. AM. Hn. 0?-89-13-EE, »1r4gust 81
denied "act1:la1 malice," claiming privileged 2808]
communication and absolute freedom of die press
to report on public officials and matters of public
concern. If there was any error, the newspaper
said it would publish tile correction promptly. Are
the defendants liable Io-r damages?
A: ND. Since Fenator Bal Bass is a public person and

the questioned imputation is directed against him in
his public capacity, in this case actual malice means Merely cancnrnnd with Thu restriction is based an
the statement was made with knowledge Uiat it was the incident of the the subject matter of the
false or with reckless disregard ofwhethcr it was false speech, 1]l"lIIlflE that utueranee ar speech. The
or not 51nce there is no proof that the report was merely r:ll:lnt1'l::l]s 1;T: cast et the restrlcljnn
published with knowledge that lt is false or wld: time, place DI' marine. determines the test by
reckless disregard of whether it was false or not the and under well-defined which the chailezliged acl
defendants are not liable for damages. [Eorjoi v. CA standards. is assailed with
s o No. f2M6ijonuo@ 14, 1999;
Nr: pres1.Lnlplian of There is prrrsulnptian of
The Borjaf doctrine is not applicable in a case uncunslimtlnnallty. u11l:ll:lns1it1.Ltll:mal1t;l.r.
where the allegations against a public official
were false and no effort was exerted to verify the
information before publishing his articles.
NDTE: The burden of
Top-cs of Privileged Enmmunicaljurls l]]'l]i]f 111] overcome the
presumption of
1. .4.hsnOu£e{1." F r i vi l a e d -LOL-l:lse which are l][l'[
u11cunstitutlr:ulalltlr is nth
actionable even if the actor acted in bad faith the gIII'lll'E mmenl.
et.: Are vI, Sec 11, -of the 1"8l'E? Test to be used : Test to be used: Clear and
lEans1:illLlinn, whleh exempts a member
Intermediate Present Danger.
of Congress from liability of any speech
Approach.
DI' debate in the Eullgress 'DT in any
Committee the reef.
Q: As pan of the Catholic Ehurch's opposition to
2. QuoiwMiy Friviielged - defamatory inlpLLt.at:lons are Me Reproductive Health Law, the Diocese of
not actionable unless found m have been made Bacolod put up a 6' be 10' tarpaulin with the
without good intention or 1 ustiiiable motive. To this heading "-Conscience 'iI'ote", idenljfiring Me
genre belong "private co mmunieadons' and "fair and candidates who voted for [Team Petey] at against
true report without any oommentt or remarks." Me law [Team Buha].r]. The EDMELEE advised the
[Eo.l1lfoJ' nr. of, on No. 1'Z6445l5,jonr.roi}r 14, I9EL'EIj Diocese to pull dawn the same since it is beyond
the maximum size if 2' be 3'. The Church rehised,
Q: Winer Dies penned several articles in Malaya alleging that Me regulation is against their
newspaper regarding alleged bribery incidents in freedom of expression. CDT-'IELEC argue that the
the Supreme Ecrurt and characterizing the justices tarpaulin is election propaganda as it endorsed
as "thieves" and 'a basket of rntnen apples." The candidates who voted against die RH law and
Erfurt En Banc required Wince to et:pElain why on rejected these who voted for it.As such, it is
sanction should he imp-used an her [nr indirect subject to regulation be EDT-'IELEC undec its
contempt of court. Did the order et the Court constitutional mandate. Also, it avers that the
violate freedom n-fdie press? regulation is content-based. Are the contentions of
cor-'IE1.Ec prop-er?
A: HD. Whlle freedom of speech, of expression and of
the press are at the core of clvi] liberties and have to A.: Ho. while Me tarpaulin may influence the SUCCESS
be protected at all casE far the sake of democracy, or failure of the named candidates and p4:"lit:l1:a]
these freedoms are not absolute. Fur, if left unbridled, parties, lhls dues not necessarily mean lr is an eleeljnn
they have the tendency to be abused and can translate propaganda. The larpaulln was nut paid fur DT pasted
to Iioe uses, which could lead to disorder and anarchy. "in return for r:ansideratian' be* any candidate,
Erika crossed the line, as hers are baseless scurrilous p4:llltieaI party, DT party-list group.
attacks which demonstrate nothing but an abuse of
press freedom. They lea1.-'e no redeeming value in Sloe limitations during elections hit at a some part of
furtherance of freedom of the press. They do nothing expression. The mntent of the tarpaulin is net easily
but damage the integrity of the I-Ilgh Court, undermine divanced from the size of its medlurrL Content-based
the faith and confidence of the people in the iudiclary. regulation bears 3 hea1.Ij_.r presumption of lnvalidityr,

lx. ElLL DF RIGHTS
and is measured against the clear and present danger and vides.
rule.
Ev e n w i t h the clear and present danger' test,

CDMELEC failed to Justify the regulation. There is on
e4:lln1peIIing and substantial state interest endangered
br.' the posting of the tarpaulins to Justify" curtailment
of the right if fteednm of e1:pre55ln11. The size of the
tarpaulin does nut aTe-et anyone else's cnnstltudunal
rights. l'D.lncese of Bnenfnd v. COMELEEL as Na.
2l5l5FZ8. January 21, 201.1 penned hyde. LEGWENJ
r rI *lu II |
Q: Is facial challenge to a penal statute ajluwtd?
A; ND. Facial challenges are not allowed in penal

Part at unprotected | Dne of Me speeches that statutes. Erlmlna] statutes have general in
speech wherein a person | Jnayr be suppressed terrnrem effect resulting from their very e:dstence.
becomes criminally' | flfhoues u Gonzales, 545 and,1E facial challenge is allowed for Mls reason
llaOle b].r inciting 3 | SERA441] a]dne. the State may well be prevented from enacting
person ID colnmll a laws against socially harmful cdnducl; In the area of
crlntlnal law, the law cannot take chances as in the
area of free speech. [KT-IU u. BErnita, s o N a 19355,
Elctnber5, 2018]
lI II Ii
NDTE : A litigant cannot thus 1Lr:L'essfu]]1.r mount a
facial challenge against a crlrninal statute in elder
Facial pnau-n4=1r [zu15 BAR) vagueness DI l::1.rerh1'ead'tJ1ground;
A challenge to a stature 111 mum in whim the 'plalnljft` The rule established in our jurlsdlelitm 15, only
al]eges that the ]egis]a1:ian is always, and under all statutes D11 free speech, religious fveednnl, and other
clrcumsmn&s, unmnstitutlanal, and emlnre valli fundamental right: may be fa1:lall.1,r challenged.
(Southern Hemisphere Engagement Network, Inf: '|.'!.
Facial challenge is allowed to be made m a vague Anti-TerJ't:lr'i3'm Cntrncff, ER. Hn. I7B55Z, Clctnber .5.
statute and on one which is o1.-'erhroad because of 2018]
possible 'chllllng effect" upon protected speech. The
tl'Leorl.r is t:hat "[w.]hen statutes regulate or proscribe fwprlllrpa¢lIh [)nrr1'i.l]_'p lznlmzul-1 HART:
speech and no readily apparent constl'uction suggesI.s
itself as a 1.-'ehlcle for rehabilitating the statutes in a The o1.rerl:l-readth doctrine decrees that a
single prosecution, the transcendent 1.ralILLe to all go1.re1'11meJ1ta] purpose III 'ED]1tf*DI DT prevent acti1.-'i1:ies
society of constitutionally protected expnesslon is -oonstitu1'i-onallg.-' suOiect to state pegfulatlons may not
deemed to justify allowing attacks on overl.'l.r broad be achieved by means which sweep unnecessarily.-'
statutes with no nequlrement that the person malting broadly and thereby' invade the area of protected
the attack demonstrate that his own conduct could freedoms. [Southern Hem&phefe Fngogem-ent
not be regulated 111.' a statute drawn narrow specll'lt5r.' Hetworlc lm: Lf..4.nn-Ten°orLsm f1'o1.lt7cal', as No.
{Estrada 1.r. Sandiganbaj,-'an GR 148550, November 19, I?8'552, October a 201 as
2001]
NUTE: The application of the mrerbreadiji dactrlne Is
Facial FM1lpn¢f ac "M-=\pD1ir'1" fl1-'*Illpl1+=f limited to a facial kind of r:hal]enge and, awing to the
given ratlanale of a Eada] challenge, applicable only to
free speech cases.
The must distlnclive feature of the nverbreadth

.»"Ln examination of the entire Cn residers
technique is that it marks an exl:ep'tlr:l11 to some of Me
law, plnpojntjng 113 flaws only extant facts
usual rules of cnnstitudonal Iitlgjati-cm.
and defects, not only an the affecting real Iitlgan
Is ,['5'ar.rthem
basis of lM actual operatl-on Urdlnarily, a particular litigant claim that a statute is
Hemisphere
to die lpartle; but also on uncc-ns1:itut:luna] as applied m him Ur her; if 'Lhe
Engagement
the assumption DI litigant prcvai]s, Me cnurm carve away the
.l'll'et'l.-l.-'l:lr.lq, Inc. u. And-
unccinstltudanal asjpecm of H19 law by 1 n1.-'alidating its
prediction that no 'u'erII.r Terrorism Eourrcii,
Improper applications on a case-tn-case basis
existence may cause EIILI'1E["3 ER. .H-D. I?8552,
not before the court to Ucraher5, 281 EJ
Murem-'er, challengers to a law are nut permitted to
refrain from co11stil:l.LtlonaLl.l.f raise the right of the United parties and can only assert
protected speech or their DWTL inletest. In averhreadth analysis, these
202 1 EDLDEN NIJTES 11-E
PDLITICAL LAW
rules give way; challenges are permitted to raise the His statements could have exp-osed dtildren to a
rights of third parties, and the IL'clu]'t invalidates the language that is una1:r:el:vtal:lle in everyday use. As
entire statute "in in Ease.' nut merely "as applied far" such, the welfare of elhlldten and the State's mandate
in that the mrerbmad law becomes unenfnmeable la l:mole~L't and cane for them, as porens patrfcre,
until a properly autharlzed court eunstrues it more constitute a substantial and eompelllng go1.-'ernment
narrowly. interest in regulating S-orlano's tteranoes in TU
broadcast
The factor that motivates court to depart from the
normal adjudlcalorjr 1'1.LLes is the concern 'Ind1:h the NDTE: In his dissenting opinion, lustiee Carnic cited
"chilling," deterrent effect of the overhead solute on Action ,I'i:l-r Children 's Tefeuislnn v. FEW
third parties not courageous enough to bring suit The which establishes the safe harbor perpend to be from
Eourl assumes that an overbroad Iavrs "very 10:I::I 1 in the evening to 6:i:H] in the mclrnlng. when the
exisoence may cause others not before the court on number of children in the audj ence is at a minimum.
refrain l'ronl consdmtionallyr protected speech or In effect, between the hours of 10:00 p.m. and 5:00
expression." An overbreadlh ruling is designed to a.n'L. the broadcasting of material cnllsideJ'ed indecent
remove that deterrent effect on Me speech of diode is permitted. Between the hours of 6:10 arnL and
third parties. [Southern HemUrphere Engagement 1D:01] p.m., the hrnadcast of any indecent materla]
Henuorlq, Inc v. Anti-TerroriSm £'or.rnci!, GR. No. may be sancUnned.
IF8552, Gctoher 5, 201 in
Clear and Present Danger Test [2014 BAR]
Damgerixus Tirodcncv Test
The government must also show the type of harm the
Questlon: Whether the speech restrained has a speech sought to be restrained would bring about-
ratlona] tendency m create the danger apprehended, esper:ia]]3,r the gra1.ritg,f and the lnimi hence of the
he lr far or remote, thus government restriction would threatened harm - otherwise the prior restraint will
then he allowed. It is not 11ecessar.'l.r though that ellrll is he invalid. Prior restraint on speech based on its
actually created far mere lende hey towards the evil is content cannot he justified be hypothetical fears, 'but
enough. only Br showing a substantive and lnlmlnent evil that
has taken the ]1fe of a 1eallty a]read1.r on ground."
Emphasis: Nature of the circumstances under which As Formulated, 'the question in every case is whether
Wie speech is uttered, though the speech per se may the words used are used in such circumstances and
net be dangerous. are of such a ll3U'l.ll*E as U] create a clear arid
present danger that they wil] hr1ng about the
Ba lau-:intl Ni iurtrp'ir Tp'=at substantive evils Uiat Congress has a right to prevent.
Qmlestlun: Which of the two r:ur1fllr:ting interest {not It is a question of proaldmity and degree' The
ln1.r-nlving natlnna] securltjr -crimes] demands the iegulatlon which restri-l213 the speech content must
greater p1'l::ter:ril:ln under the particular clrcu mstanees also serve an imp[l["t3]'l.l 1]l' substantial gm-'e1'11ment
presented: interest, which is unrelated to the suppression of free
expression. [Chavez v. Gonenies 6.8. No. 168333,
1. 1l'l.I'he11 particular ennduet is regulated in the February 15. 2008]
interest of public order
z. And the pegulatlrnn resu]13 i11 an lndlrel:t. The question in euwerlr case is w!'Lether' the wards used
are used in sud: circumstances and are of such a
mmllti-anal and partial abrldgenlenl of speech.
1]3l:1Il"E as [11 create a clear and pceseut danger that
[EE-nrales v. CCIHIELEC, ER. Ne. L-27833, April they will bring about the substantive e1.rlIs that
18, 1969 ] [Ingress has a right to prevent. {5'cFlenck u. United
States. 3451 UP. 451 Hclrcfl 3, I 91so
Q: Can an offensive and obscene language uttered
in a prime-Iime television broadcast which was NIJTE: The test can be applied wi8'L regard to the
easily accessible to the -children he reasonably Freedom of Religil-un when what is involved 13
curtailed and validly restrained? rellglnus speech as this is often used in CEISES of
freedom of expression n.
A: YES. In Soriano u. MTRC8 on No. 165636, April
29, 2l]i:lf9, Me Court, applyilig the baianclng of interest
doctrine, ruled that the governments interest to
protect and promote die interests and welfare of the
children adequately buttresses the reasonable Regulation of speech in the connexl of electors]
curtailment and valid restraint on petltloner's prayer campaigns made bi' persons who are not candidates
to continue as program host offing DuOng or who do not speak as members of a political party
Do-on during the suspension plerloli Sorianofs
which are, taken as a whole, principally advocacies of
offensive and obscene language uttered on prime- a social issue that Use public must consider during
tin1e television broadcast, without doubt, was easily elections is unconstitulio nal.
accessible to the children.

lx. ElLL DF RIGHTS
Such rel3l.l]a1:icin 15 inconsistent with the guarantee of coverage by live media neither constitutes a
according the fullest pc-ssible range of npinicns barbarous act IIDT inl'lil:t3 upon the as-:used
coming frcim die electorate including those that can inhuman p-l1].rsieal harm or torture that is sboel-Ling
catalyze candid, uninhibited and robust debate in the to the conscience and is freedom of The press.
criteria for the choice of a candidate. [IH-n4:'-es-e no' Should live broadcast oithe trial he disallowed?
8accicd u EHMELEE ER. No. 285?28. January 2'I_ 28/5.
Pen ned by .|_ LEONENJ A: ND. The Court is now disailawing live media
broad-cai of the trial of "Magui ndanaa massacre"
I 1* 1 I' 11 1- *T cases but is steel] allowing the Filming of the
praoeedlngs for [1] the Rea]-time transmission to
l.i\flp F-'ltdia ITnvpr=u1p of Cnur* Frur~pp~rlirlg1 we-ciiied viewing areas, and [2] documentation.
The propriety of granting DT denying permission to Whlle the Court recognizes the freedom of press and
the media to broadcast, record, CIT photograph court the caught to public information, the constjtulional
proceedings involves weighing the constitutional rights of the accused pmvlde more than ample
guarantees of freedom of the press, the right of the Justification to take a second look at the view that a
public to information and the ]':ig]'Lt to public trial, on camera that broadcasts the proceedings ]life on
one hand, and on the other hand, the due process
'Ll'Le television has no place in a crlmjnal trial because ofils
rights of the defendant and the in h eren t an d prejudicial effects cm the rights of accused indiurlduals
oonstjtutional p-ower of the courts to control their As previous]3-' held, the Ihre coverage of iudlcial
proceedings in order to permit the fair and impartial proceed logs involve an inherent denial of due process.
ad nod filtration of justice
I n t h i s case that has achieved notoriety and
El::l]]ateralljr. it also raises issues in the nallLre of sensadona] status, a greater degree of cane is required
media, particularly television and 113 rule in snciely, to safeguard the constitutional rights of the aneused
and cif the impact of new technalcgies on law. To be in the best position to weigh the oonfliedng
testimonies of the witnesses, the Judge must not be
'!l.Fldeo footage of court hearings for news purposes affected Br any outside force or influence. Llke any
shall he restrleted and limited in shots of the human being, however, a judge is not immune from
cou1't'1'oom, the judicial III-l:ers. the parties and their the pervasive effects of media
counsel taken prior to the commenoelnent of official
proceedings. No video shots or photographs shall he In a cnnslitutlclnal sense, public trial is nut
permitted during the 1:r1a] proper. 9.-'n::ln.vrln-aus with puhllci&d trial. The right to 3
public trial belongs to the accused. The al:IL'used's right
An accused has a right to a public trial but it is a right to a public 1:l'1al should nc-I be cpnhlsed with the
that belongs to him, more than anyone else, where his h'eedpm rJfU1e press and the p1.Lhlic's right lp know as
life DT Ilbeccj.-' can be held crit:lcall],r in balance. A pul:IL1c a juslillcaliun for allowing the li'.re broadcast of the
trial alms to ensure that he is fairly dealt with and trial [Notice cj'8esalutlan, In Re: Penu'an for mum and
we-uld nut be unillstly c-undemned and that his rights To" Eoveruge of cases 4:r,gII:unst Zaldy Ampatuam AM. Nu.
are not ccimpmmlsed in secret ednclaves of lang age. 10-11-5-811 I5lctoher 23, 29121.
A l:l'L1l:l]l1: trial is not sJrnnn3.mml.l3 with publicized trial; Q: Can an offensive and obscene language uttered
it only implies that the court dinars must be open to in a prime-time television broadcast which was
those who wish to come, sit in the available seals, easily accessible m the children he reasnnahljr
conduct themselves with l:1'uper decorum and curtailed and validly restrained?
observe the trial process. [Sacratarj-' of justice v.
Fstl".l:rdI:1. AH. Na. DI -4-83-SEL September 13, 2801] A; YES. In S'orlono v. mntlc8, GR No. 165636, April
29, 2009, the Court, applying the balancing of interest
Q: In 21111, Me Supreme Court promulgated a doc1:l'1ne, ruled that the go1.rernrnent's interest to
Resolution partially granting pro .hoe vice the protect and promote the interests and welfare of t.l1e
request for live broadcast by television and radio children adequately buttresses the reasonable
of the trial court proceedings of the "Haguindanao curtailment and valid restraint en pet:itioner's prayer
massacre" eases, subject to specific guidelines set to contln1.Le as p r o g r a m host of.=1.n,g' Daring
forth in said Resolution Accused Andal Arupatuan, Doon- during the suspension peri od. 5orlano's
lr. bled a Hotion for Reconsideration alleging that offensive and obscene language uttered pn printe-
the Resolution 'deprives him of his ii,g,hts to due time tele1.-'lsion broadcast, without doubt, was easily
p r o ce ss, e-qual protection, presumption of accessible tb the children. Hls statement could have
innocence, and to he shielded from degrading exposed children to a language that is unacceptable in
psychological punishment." Ampatuan contends e1.l'er;l.rdaj.r use. As such, tltc welfare of cl'ljldren and 'Lite
tliat the Court should accord more vigilance 5tate's mandate to protect and care for thent,
because the immense publicity and adverse public as porers potrloe, constitute a substantial and
opinion which live media coverage can produce -oontpelllng go1.remnlent interest in regulating
would affect everyone, including the judge, 5oriano's utterances in TV broadcast
witnesses, and the families of all concerned
parties The DSE, however, contends that the
PDLITICAL LAW
hots; In his dissenting opinion, justice Earpio cited The constitutional guarantee against prim' restraint
Action- for Children 's Teieuikion U. FEE and subsequent punishment, Lhe Jurisprudential
which establishes t:he safe harbor period to be from nequlrement of "actual ma]1ee", and the legal
10:00 in the e1.-'enlng m 6:00 in the morning, when the prnteetiun affanded by 'the privilege
number of children in the audience is at a nlinin1LlmL r:nmlnunil:atiuns" all ensure that protected speech
In effect, between the hours of 10:01] p.m. and l5:DD remains guarded_ As lung as the expression DT speech
a.m, the broadcasting of material considered indecent falls wlm1n the pruteeted sphere, lt is the solemn duty
is permitted Between the hours of El:DI:J anL and of the courts to ensure that the rights -of the people
1D:I:ID p.m.., the broadcast of any indecent materla] are pruteeted. l"J'ase Dfsnl v..S'ecr-etaJ':l." a,I'_J'usr.h:e., ER Na.
may be sanctioned. 2c1s3si Apr'€J'22, 2014)
1u-:li-ia1 Analviii The government has a right m he protected against

broadcasts which incite the listeners to vlolentlg,-'
There is always a higher degree of ]udldal relu'[ew o f overthrow 1L Radio arid television may not be used to
regulation 'Lhat affeem speech to ensure, among organize a rebellion DI' to signal the start of
others, that it does not amount m a disguised farm of widespread uprising. At tile same time, the people
censorship or that HE exercise does not burden the have a right to be informed. Radio and television
same exercise of the same rights be others. would have little reason for existence if broadcasts
are limited to bland, obsequious. or pleasantly
We read this constitutional provision on the right to entertaining utterances. Slnoe they are the most
h'eedom of expression together with the other convenient and popular means of dissernlnating
constitutional pl:*o1.rlsi0ns. laws, jurisprudence, and varying views on public issues, they also deserve
Lmplementing rules and regulations that reflect the sper:1al pnotectiort [Co-oves v. Gonzales on No.
state's policy on the different government employees' rssssa February 15. 2088]
right to peaclehll concerted activities and to self-
organisatlon for purposes of collective bargaining. 1 I: I l»l. I | ,*,|
This brings us m a limited fir regulated rfghti m Dllilltllilli
freedom of expression by government employees in
differing levels of limitation depending on the nature The case of MiJ'ler U. i§'m'§f'amlli:r, established basic
of functions discharged be me different government guidelines, lu wil: {Fem.::rndu v. Court DIAPPMIS. ER
branches, depa1't1nen13. bureaus, offices, a n d o t h e r ND. 1551 FEI, December 6. 2iJiJ-5; [A-PD-L]
go1.fe1'nment agencies and lns1l:l"l.Lnlent.allties. [Down
City Water D8'tr'ict u. A.ronjr.re2, or of., is. No. 194192, 1. Whet her the Average person, applying
16 lone zo/5, Eon4:'r.rrr.fng Erpinfon as penned by L enntempurary standards, would End that the
Leo fen j we-rk. taken as a whale, appeals to the prurient
interest;
l.1u=hlEil»'II=IIn~'IIJial=l:l=la.'4urlm1III5llM.1m l 2. Wliether the work depicts or describes, in a

Patently Dffenslye way, sexual mnduet
specifically defined be die applleatinn slate law;
and
I-[atc Stench on not enid cnn§1ituliunaI

l Whether the work, taken as a whale, lacks
serious literary, artist:l1:, pnlltical or sclendfic
[J'l'DIJE\EIIiDI'l
value. Nu one will be subject to prdserutldn far
the sale nr exposure of obscene materials unless
These are wards heaping efld:reme profanity, intended these materials depict or describe patency
merel.§l.r to incite hostility, ha1:l'ed DI' violence and have offensive "hard cure' sexual mnduet 'What
no social value. Buck do not enjoy constitutlona] remains clear is that abselenlty is an issue far
protection. In Eeauharnais 'LI'. Illinois, it was ruled 'Lhat IL1dlr:ial determlnatj-nn and should be treated in a
hate speech which denigrates a group of persons case-td-case basis, and un the judge's s=l:lu11d
identified by their religion, race or ethnic oclgln diseretinn.
defames that group and the law may 1.ralidl],r prohibit
such speech on the same ground as defamation of an Fnrrungra ply
lndi1.rid1.laL [owes Pr.'iJJic'otfons Inc., et of. u. Islamic
Do 'i-'I-'oh Eouncll of the P:hii'ipp[nes Inc, et al on H o refers to any representation, whether 1.rlsLLaL audln, -nr
135306, }onus' 38, 20031 wri t t en cenlbinatln]l thereof, by eler:tm11il:,
mechani1:aL digitaL rrnptical, mag]1e1:i1: ar any other
means, of child engaged or itwnlved in real nr
simulated explielt sexual aedWtle& ,('5eetlnn 3, RA
l.ihp1 11 fmt prfrt-'rt-'rl iptrrll 5l.'F':F5j
Pnmugrapbv in relation to freedom ufexpriessiun
119
lx. ElLL DF RIGHTS
The cyberspace is an incomparable, pervasive Q: EG 51 [Milk Code) was issued by President 'l-'al
medium of communication. It is inevitable that any Anton is on llletober 28J 19815 b]." virtue of the
government threat of punishment regarding certain legislative powers granted m the President
uses of the medium creates a chilling effect D11 the under the Freedom Constitution. Dn Hay15, Zllllfa,
const:ltutionall3,r-protected freedcl-In of expression of the IIDH issued Revised Implementing Rules and
the great masses that use it The part1eularl1.r complex Regulations [RIRR] which was m tal-Le effect
web of interaction on social media websites would on [ul}r 7, zoos. The Association of Healthcare
give law enforcers such latitude that Ihejr could Workers claimed Mat the Milk Code only
arbitrarily or select11.-'eljr enforce the law. regulalnes and does not impose unreasonable
requirements for advertising and promotion
Section 19 of RA 10175 or the Cybercrime Pevention while RIRR imposes an absolute Mn DD sueb
Act of 2012 [Restricting or Blocking Access to activities fer breast milk substitutes intended fer
Computer [later] was declared unconstitutional inlanLs iron I]-24 months old Cr beyond, and
because the content of Me oonlputer data can also forbids the use o f h e a lth and nutritional
oonstjtute speech. In such a case, Section 19 operates claims.Were tbe labeling requirements and
as a restriction an the freedom of expression over advertising regulations under the RIRR valid?
cyberspace. Certainly not all farms of speech are
protected. Legislature may, within constitutional A; YES. Sec. 13 an "total elfeet' and See ze of Rule
bounds, declare certain ldnds of expression as ll]ega.L ' Ill of the RIRR cnntaln some labeling requirements,
But for an execut:l1.re officer to seize content alleged to specifically: a] that there be 3 statement t:hat there is
be unprotected without any Judicial warrant, it is not no sol:lstitute to hreastrnilk; and IJ) that there be a
enough for him to be of Lhe opinion that such content statement that powdered infant formula mar cuntaln
violates some law, for to do so would make him judge, pathngenlr: microorganisms and must be prepared
jury, and executioner al] roiled into one. [Disini vs and used appreprlately. See. 15 of the RIRR ]:lre]'Lll:li'ls
Secretory o,H'ustice. 5.8. No. 203333 Febmaiy al] health and nutrition elalms fur preduela within the
]'I,2EJ'I4j sedpe of the Milk Cade, such as claims of lneneased
emetianal and Intel]er:l:ua] abilities of d'Le infant and
1""3"'1T1E mile.
Commercial speech is a separate category of' speedi These ptuvlsinns of the Hllk -Eyde expressly fnrbld
which is not accorded the same level of protection as lnftnrmatltm that would imply DT create a belief that
that given to other mnsdmtionally guaranteed farms theme is any milk ptuduct equivalent to breast milk at
of expression but is ntlneljieless entitled to protects-on. which is humanized nr maternallzed, as such
The State cannot 1'tltl him of this ri.g]'Lt without lnfnrmatlnn would he lnmnslstenl wllh the
violating the constitutionally guaranteed freedom of sul:le1'i1:»rlt§.r of breastfeeding
expression. Unsollctlted ad1.re:rtisenlenIs are legitimate
forms of expression. fllisini u'. 5e1-:'mtaf.jl." oj'[usticel i s . Thus, the RIRR is a reasonable means of enforelng me
No. 203335, Fcbmog.-' 18, 2r.`»|14J1 Milk Code and deterring cinzumvention of the
protection and promotion of breastfeeding as
It. pertains In mmmunicatlnn which "no more than embodied in the Milk Code. {PFlorm4:rfeutfn'ol and
pfgpggg'3 3 cnmlnemlal transl-clinn.' such as Health Care Association of the Philippines |.-'_ Dnrqlue, ER.
Advertisement of grinds nr u f sermrjces. No. I78'034, October 9. 200rj
To enjoy prntecljn n, in mmetwcial speech: ['lpf'l-'lpr'1'4'pIfr nm-1 MFI
1. Must not he false or misreading; and Gceurs when an acting par tl.r's ri.g]'Lt to freedom of
{Fr1'edml:m v. Ruler; 448 US' 1, February 21, speeds is curtailed DT restricted by the government in
_l{979J]» order la prevent a reacting party's behavior. The term
Heckler's '!l.Feto was coined by llnlverslty of Chicago
z. 5]11Juld nut propose an illegal lransaclj-nn.
professor of law Harry Kalnren.
[Ffmburgh P1935 Ea. u Human Relations
Cummfsslnns, 413 US' .3'?6,, Mme 21, I§!?3}
The "]'Leck.1er's veto" 1n1.i'ol1.res situations in which the
go1.re1']1ment attempts to ban protected speech
]'ill}TE: Howeu\er, em-'tn tru1;l'l.ful and lawful commercial
because it might provoke a 1.r1-olent response. In such
speech ma3.-'be regulated If:
situations, "the mere posslbiliq.-' of a violent neactlon
1. Gmrernment has 3 substantial interest to to protected speech is simply not a constitutional
protect
basis on which to restrict the right to speak'. (Roe u.
2. The regulation dlre1:tl.l,r admranees Unat
of wji:l»rd', .514 F.3d was, January 22. zoos;
interest; and
lr may be in the guise of a permit requirement in due
3. It is nut roanne than extensltre than is
holding of rallies, parades, or demonstrations
necessary to prate-l:t that interest [Eentral
oondidoned cm the payment of a fee computed an the
Hudson Gas 8 Electric Earp iv. Public 5'-erviee
ball; of the mst needed to keep order in 1.rlew of the
CnmmlssSnn of Nl-'. 44? us 5.5?. JTune 24
enpeened opposition by persons holding contrary
1980]
PDLITICAL LAW
views. {Enrnipe, 2006. cttfng Fam;-'th £'4:l»:.rnt.jl." LL rather, the case should likewise be examined under
Nationalist Movement, 505 LF..'i'. 123, fume 19, J'5l5l2l' the constitutional precept of freedom of the press. But
if the utterances are false, ma]1cious. or unrelated to a
public ofFicer's performance -of his duties or irrelevant
la matters of public interest involving public figures,
The Court declared unconstitutional government the same may give rise to crlmlna] and civil liability. In
threats m close down mass media establishments that contrast, where the subject of Me libelous article is a
refused to comply with government prescribed private individual, malice need not be proved Br the
"standards" on news reporting following the plaintiff T'he law explicitly poesunies HE existence
declaration of a State of National Emergency by [malice in law] from the deEamator.8r character of the
President Arroyo due to cnnsecutlve rallies and rads assailed statement H-loollo Bulletin PubliShing
against the government. rows! vs. Moccrpogsf-Armyo, Corporation and Rnrtlier Botulgos U. Wctor A Domingo
on No. 191396. Moy 3, 215IEt6} and the People of the Plllllpplnes, GR No. 1 :?d341, _lull
5. 201 or]
The Court struck dum this "wave of warning[s]"
made by the Presidential Ehief it' scarf as
inlpermissible restraint an freedom of expressill:lnL
_-'i'HEtail=l=l*'f[I1l\'_
The Erfurt ruled that "the lmpd-sit:ldn of standards in nfl l.ElIT:I=l1.:
media or an_=,' Farm of prior restraint in the press, as
well as the warrantless seardi of the Trlhune nfhces The right Ln peaceably assemble and petition fer
and whimsical seizure of HE articles for publication redress of grie1.-'anees is, together with freedom of
and other materials, are declared uncnnst1tutl::»naL" speech, of expression, and of the press, 3 right 'that
[Shares U. Gl:m2!:l'i8. ca l'Jn_ 168338. Fsinrurnju I5. enioyrs prlnlaqr in the realm of constitutions]
2808] protection. For these rlghls constitute the very basis
of a Mnnlorm] democratic poIlty. without which all
I 1 . | .. I -L the other ]'i,g]'Lts would be meaningless and
unprotected. {8AY.4N, et :rt v. Errata, et al., GR No.
llnprntvrtwrl §l,'lpl".h 169838, .4JtilJ"Fl'25, 201361
Unprotected speech DT low value expression refers to Haldlfu

libel-aus statements, obscenity DT l:1:»rnl:lg1'al:hj.r. false
or misleading advertisement, lnsulling DI Eghling night nllA11nri=uinn
wards. These be* which their 1.-'erjr utterance lnfliels
injury DI' tent to incline an immediate breach of peace The right of association is alread.'l,r comprehended in
and expresslcun endangering nation security. [Soriano due proeless, partleularlgr as it proteels the person's
`lll'. Laguandia, G.R. 1l54'J"E5, M3l.'*Ch 15, 2018] liberty. The right of assoelalion is deemed embraced
in the freedom of expression because the organization
Lfmirarinni in [1 p44m of t1rprp'~1~=inn [2014 BAR] can be used as a vehicle for the expression of 1.rlews
that have a bearing on the public welfare. {Cn.lz and
It should be exerelsed within Me bounds of laws D14 2815 ed, pg 548]
enacted for the prnmutjan of medal interests and the
pruteetlun of other equally imp-urtanl lndiuidua] Q: is mmpnlling a lawyer to bl: a member n-fthe
rlghla such as: Bar a violation of his cnrlsljmtiunal freed-nm to
associate'
1. Laws against clbscenltl.". libel and slander
A: Tm. Ear integration does not compel the lawyer to
{cclntrar3-f to public p9]14.'J:
associate with anyone. The only compulsion to which
2. Rlghttn privacy of an individual;
he is sLLl:l1ected is the payment of annua] dues. The
3. Right al' smtefpvernment la be protected Era m
Supreme Court, in order to further the State's
sedltiuus attacks,
4. L-egis]a1:i1.re immunities;
legitimate interest in elevating Me quality of
professional legal services, may require that the cost
5. Fraudulent matters;
6. Advocacy uflmmlnent lawless conducts,
of improving the profession in this fashion be shared
hy the subiecls and benellclaries of 1:he regulatory
Fighting wands; and
F.
a. Guarantee implies only the right to reach a
program - the lawyers. Assuming that the
questioned pmurlsion does in a sense compel a lawyer
willing audience but not the right to ccimpel
others to l1ste11. see pr read.
to be a member of the Integrated Bar, such
compulsion is Justlhed as an exercise of the polloe
power of the Slate. flu Re; arty. Monomial A. Edlllon, AM.
1_i111-1 raws invnlvillz mlhliF utirimi and the
Ho. 1928, Augusts rare;
d.isl;har£': Ni their functions
Q: Eau members Ni religious sects be cnmpclled to
W'hen cnnfmnted wllh ]II:le] cases lnuulvlng
ruin Iahnr unions dun to dosed Mop ag;re1:ml:n!3
publications which deal with public eEii4':1a]s and the
with the employers Z'
discharge of their efiicial funclicms, this Euurt is nut
confined 'undiiiin the windings of the llbel statute;
121
lx. ElLL DF RIGHTS
A.: ND. In spite of any closed shop agreement, classified information. [Chavez H. PWEGE ER. Nu.
members of said religious seem cannot be refused 13371 E, Dex-:Ember 9, 1553;
employment or dismissed from their jobs an the sole
ground that they are not members -of the ool]el:t:l1lre
Q: Hamm, tiled in his capacity as a citizen and as a
bargaining union. It is clear, therefore, that the
assailed Act, Ear from infringing the constitutional stakeholder in the industr_ii involved in irnporling
provision on freedom of assoelation. upholds and p-etrocheniicals, tiled El rnandanius petition to
reinforces II. It does not prohibit the members of said
eornpel the Committee en Tariff and Related
religious sects from afiiiiadng with labor 1.Lniol1s. It
Matters [ETRM] m provide him a copy of the
st:lll leaves to said members the liberty and the power minutes of in Flay 23, ZDD5 meeting; as well as to
provide copies of all oMciaJ records, docunienes,
to afl'lllate, or not to affiliate, with labor unions
Republic Act No. 3350. tbenefore. does not 1.rlo]ate the
papers and government research data used as
oolns1:itutional provision on freedom of assoeladon. basis Ior the issuance of Executive Dlrder No. 486
[VMtoMno v. Eiisolde Hope it-workers Union, inc, on
which lifted the suspension of the tariff reduction
No. 1-25246, September, /2, 18493
schedule on petro-chemicals. W'llI1'edo based his
'I II r I I I I action on the oanslitutional right to information
on matters of public concern and the .S`tate's policy
of fu.ll public disclosure. Will the petition prosper?
Rationale
A; run. The 5t3te's policy of fu]l public disclosure is
Thr: purpose is m promote transparency in policy-
restricted to transactions invalvlng public interest
making and in the operations of the government as
and is lempeued ls§r ueascmalsle cnnditlans prescribed
we] as provide the people s1.lfEelent information to by law.
exercise effectivelgr other constitutional rights. Arnied
with the right information, clti2.erLs can participate in
Two rr"1ui~1i*r1 must rnnrur hpf=1rp My right 1-n
public discussions leading to the forrnuladon of iniarmatlu-n man' he cumpcllad be w r i t N i
government policies and their effective mandamus.
implementation. An informed citizenry is essential to
the existence and proper functioning of any Firstly, the information sought must be in relation to
democracy. [IDEALs v. F5411-l', ER. No. 19'20'& matters of public concern DJ' public interest; And,
UctoOer 9, 20/2] 5eeondlj.f. it must not be exempt by law from the
operation of the oonstjtutional guarantee.
Three categories ufiofurmatinn:
The lnfonnatlon sought Br Wllfnedo are classdfled as a
1. OMeial records; closed-door Cabinet meeting bl.' 1.-'irtue of the CTRl~'I's
z. Dueumenu and papers pertaining re uMeia] oornposldon and the nature oF its mandate dealing
acts, uansaeijens and deelsler1_s; and
with matters of foreign alTairs, trade and policy-
3. Government research data used in f-nrmulatlng maldng. A Fnesldent and those who assist him must be
pe]1-cies. [Amie 3, Section 2 198? Enrutiturlnnj free to explore alternatives in the process of shaping
policies and making decisions and to do so in a way
?il"nI1-r and l.imir=\rinn*a of the Right to lnfarmatiim many would he unwilling to ercpress except privately.
Wlthout doubt, therefore, ensuring and pnomotlng the
GR: The access must be for a lawful purpose and is Eree exchange of ideas among the members of {Tl'Rl'vl
subject la reasurlable conditions by the custodian of tasked to glue tariff recommendations to the
the records. President were truly lmperadve. [Serena u.
Committee on Toriljl' and Help red Matters of the neon,
XPNS: on Ho. I?52I8, Fehmoljv I, 2016;
The right does not extend to the fallowing: Q: The Supreme Conn directed the Gffiee of Me
Solicitor General {u5',,[;} to submit the following
Notion-o'l s.seu.rlt_al.* matters These include state
informotio-n,ido-eumenl3 in eonneetion with the
secrels regantling military, diplomatic and police drug operations conducted from july 1,
other national secLLritl.r. and information on
2l]1&to November ao, 2n1:t, towit;
inter-go1.-'ernment exchanges prim' [1] the
conclusion of 1:l'eatles and executive 1. List Ni persons I-diled in Iegiiimate police
agreements. operations f r ee 1 [ul].r 2016 to 30
2. Criminal matters relating to investigation, Ne-vemher 2017;
apprehension, and detention of criminals which z. List iII deaths under invesiigjatian from 1
the c-ourt may net inquire into prior to arrest, july zone to 3D Hevemher 21111,-
prosecution and detention;
3. List at Chinese and Fil-Chinese drug Ierds
3. Trade aM industrial' sacred and other banldng who have been neutralized;
transactions as protected by the Intellectual
5. List of drugs involved whether shahs,
Property Cade and the 5ecrec§.I' of Bank cocaine, marijuana, tlpieids; etc.;
Deposlt3Act;and E. Comparative tables tm index crimes;
Erther eon,l'idennai an,formoti.on Falling under the
II.
scope of the Ethical Safety Act concerning
1 Statis1ic5 at internal cleansing within tlle
p-elice Inrce;
PDLITICAL LAW
8. Drug watchlist in the afleeted areas; A: YES. aside from the fact that [::I'Lair Bautista clearly
g. Reports and documents regarding Almora, breached an express stipulation of the MBA allowing
Aparri and Soriano; Rappler, Inc. to stream online the coverage of me
m. Pre- and post-operation reports in all Ute debates, the presidential and 1.r1ce-presidential
Dario ineidenls; debates are held prlmariljr for the benefit of the
11. Numb-erofbuy-bust ineidenhz in San Andrus electorate to assist the electorate in making informed
1IJ4:id from 1 [My 2016 to in November choices on election day.
2[I1T;
11. List of warrants and warrantless arrests in Through the conduct of the national debates among
High Value Target p-oliee operations; and president:la] and vice-presldenlial candidates, the
13. List of eases under investigation un-der electorate will lha1.re the "opportunity to be informed
lnternaj A.I1'airs Senriee. of the eandldates' qua]ll'1ea1:1-ons and lraek muM,
platforms and p:rogJ'an15.. and their answers to
The BSE claimed that i;lne]." ealtltn-t submit Me elgnllleant leeues ofnatlonal e-oneeJ'rL"
abnvementin-ned durumenlx m Me Court sin-ce
these documents involve sensitive infermatian The prnlitieall nature of the national debates and the
that have natianaj security implications. Is the l:l1.1l:l1lr:'s interest in t.he wide avallabilltlr o f t h e
DSE e-nrre-et? irtfurmatiun Em' the via-ters' edueatlmt eertalnlyr justify
allowing the debates m be shown DI' streamed in
A; HG. To elarif],r. lest the 056 be confused, the order other websites for wider dissemlnatlan. (Happier, Ina
to produce the information and documents is about U. Bar.rh8.'t-a, ER. Hn. 222?02. April 5, 2016]
the existence of the requested information and
documents. Thls Court would like to deterlninc for Publication at Laws And Rl:gl.llatiuns
ltsell] through the existence o f t h e requested
information and documents, whether the conduct of There is 3 need for publication of laws to reinforce the
operations were indeed done in the performance of right m information. 111 Taioda v. Tuuem the Court
ofticlal functions. Indeed, this Court is not a 1:l'ier of said that laws must Mme out in the open in the clear
facts, and it is not within our jurisdict:lon to determine light of the sun instead of silking in We shadows
questions of fact and evaluate the 1:rLLthfu]ne»ss of the with Lhelr dark, deep a m e r . Mysterlous
-contents In ordering the production of the PTDHDUHMMEDE and rumored rules cannot be
documents, the Court exercises ins iudiclal power to recognized as binding unless their Mnence and
protect and enforce inherent rights. contents are confirmed by a valid publication
intended to make MI disclosure and give proper
Contrary to the claim of the Solicitor General, the notice to the people.
requested information and documents do not
obviously involve stale secrets affecting national Puhlic=u'inn of rpgll1=lrinn1
security. The information and documenls relate to
routine police operations involving violations of laws Puhlleatinn is necessary to apprise the public of the
against the sale or use of illegal drugs. There is no contents of penal negILLlatil:m.=; and make the said
showing tl'Lat the coLn1tr3,r's territorial integrity, l:lena]1:les binding an the persons affected thereby.
national sovereignty, independence, or foreign [Pesfgun v. Angeles. ER. Na. L-6-12?. April Jim 1984]
relations will be compromised or prejudiced by the
release of these information and documents to this Publication is roouircd in the following:
Court or even to the public. These information and
documents do not involve rebellion, invasion, 1. All statutes, including th-ose of local
terrorism, espionage, infringement of our soverelgntv application, and private laws;
or sovereign rights Br foreign powers, or any military, 2. President decrees and executive orders
diplomatic or state secret involWng national securitl.r. promulgated *Jr the President;
It is slmplv ridiculous to claim that these information 3. Administrative rules and regulations If their
and documents on police operations against drug purpose is to enfonoe and implement e:-dstlng
pushers and users involve national security matters law; and
so sensitive that even this Court cannot peruse these 4. Memora]idum Circulars, if they are meant
information and document in deciding constitutional note merell to lnterpnet but to 'till in the
issues affecting the fundamental right to life and details" which that body is supposed to
liberty of thousands of ordinary c'ltlzens. al-llmoro vs enfonee.
Din Gen. Demo Homo, on No. 2343554 Apr's, 20/8]
PL1 h11*a4nn it NOT rpqllirM in the wlnwiv
E u-rmral Dphatp'-;
1. I11lerpretat:l1.re regulations and those merely
Q: The online ltews agency Rallple:r, Inc. sued internal in nature, regulating only the
personnel of the admlnlslratlhre agency, and
ECIHELEE Chair Bautista Mr breach of eenteact
[MGA] in -disallowing the In-rmer m stream online 2. Letters of 1nstr1.L+:lions issued by
the coverage of the 2016 presidential and vice- admlnlstrati1.re superiors coo-oerning rules
presidential debates. Dues Rappler, Ine. have a and guidelines.
cause of aetinn againstfhair Bautista?
123
lx. ElLL DF RIGHTS
II I II 1. Nun-establishment clause; and
2. Free exenclse eau se.
_l=Mnllurll5I»llul:u
No law shall be made respecting an establishment of
religion DI' poohlhitlng the free exercise Unereaf. The
free exercise and enjoyment of oellgious 'poofesslon Dlfvcrfini* of '9rn=11'=»l'inn of Church and Igor' Start*
and worship, without discrimination or preference,
shall iooever be allowed. Ho religious test shall be The idea is to delineate the bcnulidaries between 'Lhe
required for the eoeerdse of civil or political rights. Ma institutions and to us avoid encruachrnents bl.' one
1'5'ecl1on 5,Article HI, so? Eonsntr.rcl!orl} against Me other because of miginderstandlng of the
llmim of their respective exclusive iurlsdlctinns. The
Charitable instiItII.Ltlcl11s. churches and parsonages DI demarcation line calls an the entities te- "render
cunt-'enm appurtenant tltenetn, TIIIDSCIIIES, nan-profit thenefnr unter Eeasar die things that 3[*E Eeasar's and
cemeteries, and all lands, buildings, and unto Gnd 1:l1e things that are God's" fem: and Eruz
im]Jrcl1.-'en1e]1I.s, actually, dl1'ectll.r. and exclusively used 2815]
for religious, charitable, DT educational purposes shall
be exempt from tallinn. ,g'5ecl'lnrr 28{3'_l, Article I-"l, I t i s not nnlgf the State that is p-rnhiblted for-nm
Isa? Ennstitutlnnj interfering in purely ecclesiastical affairs, the chunk
is likewise barred from meddling in pure secular
Na public money DT property shall be appropriated matters. And the reason is that a union of the [:]'Lurch
applied, paid, or employed, directly DT indirectly, for and Stale "tends to destroy government and to
the use, benellt, or support of any sen, churdt, degrade rellginn.' [Engel '|.". Vitale, 3?iJ' scan 4211 It is
denomination, sectarian institution, or system of also likely to result in a cnnsplraq-f, well-nigh
rellgjon, or of any priest, preacher, minister, or other lrreslslible because of lI.s edmpnslte strength, against
religious teacher, or dignitary as such, except when the lndlvidual's right to warship. flbidj
such priest preacher, minister, or dlgrlitar§l.r is
assigned to the armed Eonces, or to any penal Q: What is 3 purely ecclesiastical affair to which
institution, or government orphanage or IepmsarjunL the State mount meddle?
l.§'ection 29:2), Article i-"l, Isa? Eonstitu son]
A: An ecdeslastlcal affair is "one that concerns
I I I I I -i | I doctrine, creed, or farm of worship of the church ar
t:he adoption and enforcement within a religious
The non-establlshment clause means that the State association of needful laws and regulations far the
cannot set up a church, DDT pass laws whldi aid go1.fei'nment of the memhershlp, and the power of
religion DI' prefer EITIE' religion over the another, our excluding from such associations those deemed not
force our influence a person m go Ur remain away worthy' of membership." Based on this de linitl-on, an
from church against his will or farce him to profess a ecclesiastical affair involves the relationship between
belief or disheliefin an_=,r religion, etc. In Engel 1.r. Vitale, the church and in members on matters of fai0'L
sro us. 421, 1-otown as the "School Prayer III'ase', the religious doctl'ines, worship and governance of the
recitation Br the students in public school in New congregation. To be concrete, examples of this so-
Tork of a prayer composed Br the Board of Regents called ecclesiastical affairs to which the State cannot
was held 1.Ln-constitutional. fhluchuro, 2815 citing meddle are proceedings for excommunication,
Everson v. Board o,I'Educo tfoti, so us. In ordinations of religious ministers, administration of
sacraments and other activities with attached
Thu gnvnmment is neuird religious significance. [Pastor Dionisio ii Austria u.
HERE ER Ho. 124382, Aug. 1-E, 1599. Is Div.
While protecting a]], it [prefers ne one, a n d it ,fKopuna'n}}
disparages nerve. Al] here applies bam to the believer
and Jim-believer. Freedom of religion includes Q: Petitioner is a religious nlinister of' the Seventb
freedom from reljgimi; the ]'ig]'Ll to worship iJ1l:]1.ldes Day Adventist {S[:IA]. Hn was dismissed because of
the right not to warship. {Imb4:rn.q vs. Whoa, ER. Nu. alleged misappropriation of denominational
204319, Aper 3. 28141 liinds, willful breach of crust, serious misconduct,
gross and habitual neglect of duties and
commission of an offense against die person of his
emplo].rer's duly authorized representative. He
R e ligion filed an illegal termination case against die SDA.
before die labor arbiter. The SDA. Filed a motion to
Religion [s a pm iessimi of faith to an a4rl:i1.re power that dismiss invoking the doctrine of separation of
binds and elevates man to his creator. {Ag{ipay u. Ruff., Ehurch and State. Should Me motion be granted?
GR. No. L-45455, .M8ITf]' 13, 15331
A; ND. Wherle what is involved is the relationship of
Guarantwi cnmaiflpfl in Fir-r. !-1 Arr. ill no tlw 1937 the church as an employer and the minister as an
cnnsurunnn 119*J6, 1947, 1993, zens, 2n09, zmz elnplojree and has nr: relation whamoever with the
8.-mn) practice of faith, worship or dloctrlnes of the church,
PDLITICAL LAW
i.e, the minister was not esccommunicated DT expelled z. In Ebrolinog `!l". DJvlsaon Superintendent oj'.S'r:hools
h'om the membership of d'Le oongregatjon but was of Cebu, the l:le1:it:loners, who were members of
terminated from employment, lt is a purely secular the .leFlovo'l'l8.' W'itnesses. refused in salute the Hag,
affair. llonsequen1:i1.r. the suit may not be dismissed sing the national anthem, and reelte the patrlotle
lnvolting the doctrine of separation of church and the pledge far L: is their belief that Mox were acts of
stair. [Pastor Dionis]-o l,J'_ Austria u. MLRC, -se No. warship or religious devotion, which they could
124382, Aug. 16. 19991 not oonselentiously glue to anyone DT anything
except God
Eoowth of a oeligiotis sect as a so-cla] Eiooce must Mme 3. In Re: Request of Muslim Employee i n the
from the voluntary support ofilia members because of Dilt]l"er'ent Eouru' in High laity file: Ujiee Hoursj,
lite belief that beth splrlmal and secular socletyr will the Court rooognlzed that the obseruranoe of
benefit if religions are allowed to compete bn their Ramadan as integral m the Islamic faith and
own intrinsic merit without benefit of oEfLc1a] allowed Muslim employees in the Judiciary to
patronage. {Bernos, 5'.j.. 2011] hold flexible of flee hours from 'F:3D o'e]ook in the
Jnoming to 3:3] o'elol:k in the afternoon without
_=l.l1'»!JI=4.1IM=1lw1£l.Elu5llluElh.1=! any break during the period.
4. The Revised Administrative Code of 1981" has
Na n-Establishment Clause declared li-'[aund],r Thursday, Good Friday, and
Christmas Day as regular holidays.
ML Iii, 5er:. 5 states that "Na .Paw shelf he made 5. Republic Act {R.4.} Na. s i r proclaimed the
reaper:tlng an establishment nf mI@lnn. DI' pmhH:lin FIRST Day df.'.i'l'Jal.v'1.uoL the tenth month of the
tile fiee exercise thereof' Islamic Calendar, a national holiday for the
observance of EidulFftr {the end of Ramadan].
NDTE: The n-on-establishment clause means that the 6. RA. No. 9849 declared the tenth day ot'Ehu,."*
state should adopt a 'position of neutrality.-*' when it H1}}o'. the twelfth n1ont]'L al' the Islamic Cale ndar, a
comes to- religious matters. [Political Law Reviewer; national holiday far the observance of Ewumsm.
Shore; p. 252 citing E] Fernsrrld'-o, 2011] The non- T. Presidential Decree Na. mas, otherwise known
establlshment clause bars the State from establishing, as the Code of Muslim Personal Laws of the
through laws, rules, and moral. Philippines, expressly allows a Filipino Muslim lp
have more than one [11 wlre and exempts hlnl
Purl1-nit of Nan-pitahliihmvnt rlau'-1p; from the crime of bigamy punishable under
Revised Pena] -Code (RFC). The same Cade allows
1. Prutecw voluntarism, and Muslin'ls to have divorce.
2. I1uu]alinn of pulllica] p1'nL'ess from interfaidu
dlsselusicin. F=1n*1liI11Hf+l1-'ll nrnvfiinni whfttl ¢"1'prr1~= 'TLP 1144-
PH3 l'IIli4l'I mr.-nt rl: 11 ir-
NIJTE: Voluntarlsm, as a social value, means that the
girowlii of a religious sect as a social farce must come 1. are w, Sec. 351 "Na public moneyjpmperty given
from the voluntary' support oflls members because of to rellgio us sect ar minlsterjreligious personnel"
lite belief that beth splrllual and secular society wil] [except for those assigned to army, penal
benefit if religions are allowed la compete on their institution, gcnrernment orphanage and
DWI] inlrinslc merit wllhout benefll of oEfLclal ]epnJsarlum]. lr has also been held that the
patronage. [Bambi 5.1, 2811] aforeclted constitutional pro1.rlslo11 "d o e s n o t
inhibit the use of public properth-' for neliglous
purposes when the religious character of such
use is merely incidental to a temporary use which
Accommodations are government policies that take is available indlscrlminateilr to die public in
religion specifically into account not m promote the general". (Re: Left-sr o.IF Tony Q. Volenciono,
go1.reJ'11n1enu favored form of religion, but to allow Holding of' Religious Rituals at the Half of }l:.rstf4:'e
individuals and groups to exercise their religion 8uNlziing in Quezon C195 AM. Ho. 18-4--I9-SC,
without hindrance. Their p1.l.1']aose or effect therefore March 12o/ ?)
is to remove a burden on, or facilitate the exercise of,
a persons or institutions religion. (Estrada L' Escritun z. .*1.rL H, Sec. 15 "Separation ut'1:hILLr4:h and stare is
AM p-r.12~1651, August 4, 2003] 1 mr1alab]e."
Examulwc of **.IJvtmmpfltal anrnmmnda ryann 3. Arc rxfcj, Ser. 2{5jI "Na vellglnus seals can be
reglstened as palidcal pa.1't:Ies."
1. 111 Wctodono v.Ehlm{de Rope WorWm Ll'niml., the

F»:l11'4liI11l1I:l1=l\1lv rrvatrd ¢*vprnrirm1 In rl1¢* |1m1-
Mum upheld the melon of members nstabl ishment clause
oE4!Wo Ni CrUm bum the :average of a closed
shop agreement between their employer and a 1. At; 6. 54.29 Lprnhibitlun in appmprlalinn of
union, becaux it would violate the Machlng of public money DI' property.-' for the use, benefit fir
their church n o t to affiliate wltb a labor' support of any rellgiun],
o nlmbo]L

lx. ElLL DF RIGHTS
2. Art. ii Ser: 388] {ewrmpUon from taxation of 15. Dpenljr DT secretly' par ticipate in the affairs of
pro parties actually, divertlyr and excluslvelj' used any religious nrganizadon nr group or 1.rlr:e versa
far religious purpnsesj; {El.=er3i.:ln if 80::1.r'd of Education, 330 us. I.,
Fehrt.l'clr.}r 10, 1949;
3. Arr. /4, Sect 3{3; [uplinnal religious ilutrucdnn
in public elementary and high schools); *II:l':l:l:li."lN!H'L'1Ill fILe_
NDTE: RellglrJLls 1ns1:l'u1:l1m1 in l:rul:llj1: snzhunls:
The Free Exercise Clause affords absolute prnteedan
At We upliun of panenufguavdians to individual rellgiuus ennvleduns. However, the
expressed in wl'jtlng,, gclvel'llment is able to regulate the times, places, and
manner of it! exerelse. {IE'anlweJ'J' v. Ennnecneut, 318
b. 'll'l.i'it]1ir1 the regular class hours by us 296, May20, I940]
instructors designated 'DT approved
by religious auth-nrllies of the religion Aw-rr'r'i of Irrvrlrrm and pninmrm Ni 1rplia1r'»la'=a
m which the children belong; and prufcssiun and worship:
additional
'll'l.?it.haut casts to the
1. nigh: to EJef1'ev£'. which is absolute; and
government
4. An. /4, Ser. 4 {.8'J} [cidzenshlp requirement of The individual is free m believe [or dishel lee] as
iwmership of educational lnstlludcnns, except he pleases concerning the hereafter. He may
those eslalrahshed Ba' nellginus g;rnul:+s and indulge his own theories about life and death;
mlssinn boards); and worship an.'=" god he chooses, DT none at all;
embrace Cr reject any religion, acknowledge the
5. Art. 6, Sec 29 (3) [apprnprlalinn allowed wl'Letle divinity of God or of any being that appeals to his
ecclesiastic is empluyred in armed forces, in a reverence; nee-ognlze or deny the immortality of
penal lnstlludnn, DI in a government-owned his soul - in fact, cherish any religious izonvictlon
orphanage nr ]epmsadum.] as he and he alone sees HT.
Exl:c1:11:lnns m the nan-establishment clause as I-Iowe1.-'er absurd his beliefs may b e t o others,
held be jurisprudences even I f l j hey be hostile and hete1:1eal m th e
m.ajorltl.r, he has f ul l freedom to believe as he
1. Government spansdrshlp -of town Eiestas. snnte pleases. He may not be required to prove his
purely religious tradltlnns have now bee n heiiefs. He may not be punished for his inability
considered as having acquired secular to do so. [.[l;l'Ie5iooi E`r1'sro if. EA, ER No. 11963,
character; {G4:rrces u. Esmnzn, 6.8. Na L-534351 ju!y2& I996]
May 35, 198/]
2. Postage stamps depleting Philipplnes as the 2. nigh: In act an one's belief, which is subject to
venue of a significant neligl-aus event - benefit regulation.
to the neligjaus sect involved was merely
incidental as the prntnntinn of Philippines as a H-'here the fndividuof extemofiees' HE be{ie,E*.' in acts
tnurlst desdnad-nn was the primary nbieedve; or omissions that o[]l"ect the puOHc_ his juedom to
and [.4gIl'Ipn_1r v. Hula as Hn. L-45459 March 1.1 do SD becomes subject to the o'utJ':lonlty of the Store.
19377 As great as this llberqr may be, religious freed-onl,
3. Encemp-den f rom zoning nequlnements to like al] the other rlghla guaranteed i n the
accnmntndate unique archltectura] features of Constitution, it is limlled and subject to the police
rellginus lauildlngs 1.e. ]'vlnrnlnn's tall pnlnted p o we r o f the Stale and can be enjoyed only wldi
steeple. (Martin v. Enrpnrntinn vi the Presiding proper uegavd to the ]'i1g]'LT3 ofolhers.
8`8'hnp. 434 Mass. 14/, May 16, 2001]
Bvnp\'nlpnt Nfluraliw
The nun-establishment clause names that the State
CANNDT: Benevolent neutrality' is an appnoadi that looks
further than the secular purposes of government
1. Set up a church; action and efxamlnes the effect of these actions on
2. Pass laws which ald CIIZIE, all reiiglpns or prefer religious exercise. Benevolent neutrality' recognizes
one over another, the religious nature of the Filipino people and the
3. Farce or infhience a person to go m or stay away elevating influence of religion in society; at the same
from church against his wlll or farce him to time, it aclenowledges that the government must
profess a belief-or disbelief in any reiiglpn; pursue HE secular goals. In pursuing these goals,
4. Punish a person far entertaining or professing however, lt might adopt laws or actions of general
religious l:le]1efs or disbeliefs, for church applicability which inadvertentljl.r burden religious
attendance DT non-attendance; exercise. Benevolent neutralitj.r gi ves room for
5. Collect tan in any ampunt, can he Ievled on accommodat ion of these religious exendses as
support any religious acti1.-'ity or lnstitudon req ulred he the Free Exercise -Clause. It allows these
whatever W-*1.* may adopt tp teach or practice breaches 1h the wall of separation to uphold religious
religion; liberty, which after all is die integral purpose of die
PDLITICAL LAW
Dellglnn clauses. [Estrada v. E.~h:r'J'Mr, AM. Hn. F-02- Q: Ms Ladino' is an organization composed of men
1651, August 4, 29513; and women who identify themselves as lesbians,
gays, biseiruals, or traosgendered individuals
r.nn'4»:fpflHnI11 l"llflpl'IoI` [LEBTs]. And Lnmnd applied for registration with
Me CCIMELEC to participate in the party-list
An "1ndi'uidua] who has claimed Me rlg]'Lt in refLise Ra elerlinns. The EDMELEE dismissed the petition an
perform milllaryr 3)er1.-'ice un the grounds -of freedom moral grounds, stating die definition of sexual
of draught, on-ns1:len1:e, and,FI::r reli§an." orientation of die LGBT sector makes it njrstal
[lnternatahnnf En-Henan! an £'II.-'l'J' and PnHticl:IJ' 8988, clear that petitioner tolerates immorality which
.or.: /8] offends ieligjous beliefs based an die Bible and
Me Koran. And Lod'l'od' argued Mat the denial of
Requisites fur one re be curlsideried a registration, insofar as it justified Ute elu:lusion bi'
cnnscicntlmls 0l:li actor ID- R-5] using religious dngina, vinlalned the constitutional
guarantees against the estahlishinent of religion
1. The person is opposed to war in any farm; [s this argument eorrert?
2. He must show that this opposition is based upon
religious tr'ai.11jng and belief; and A; YES. II was a grave violation of the HUH'
3. And he must show that this objection is sincere. establishment clause for the EDM ELEC to u t i l i z e the
[l2'io_1.* v. United' §'[,gl'[8 483 u.s.59s. }r.rne 28. 1 9 ? / I Bible a n d the Koran t o justify t h e exclusion o f i l r t g
Lodlad. Dur Constitution prolurldes in Art; III, Sec. 5
Q: Angel, a court interpreter, is living with a man that 'no law s h a l l be made r e s p e c t i n g an
not her husband. Ben Filed an administrative case establishment of religion, or prohibiting the f r e e
against Angel as he believes that she is commit:l:iog eoterclse thereof." At bottom, what our non-
an immoral act that tarnisltes Lhe image of the establishment clause calls f or is government
court, thus she should not be allowed to remain neutrality in religious matters. Clearly, governmental
emlplo3red therein as it might appear dlat the court reliance on r e l i g i o u s Justjbcatlon is inconsistent wid:
condones that act. Angel admitted that she has this policy of neutrality. {An.l.;r Lodlod' u. comsrsa o f t
been living with a man without the benefit of Ho. I5IEJ'582.Apt'J'l a,2o1 o]
marriage for twenty years and that tliev have a
son. But as a member of tbe religious se-ct known more When the law speaks of lmmora! DT,
as tile ]ehovall's Witnesses, die 'Watch Tower and necessarily, disgraceful conduct, it pertains to public
Bible Tract Society, their conjugal arrangement is and secular morality; it refers to those conducts
in conformity with their religious beliefs. [n fact, which are ]JroscJ'ibcd because they are detrlmenlal to
after ten years of living together, she executed on conditions upon which depend the existence and
llllr za, 1991 a "Declaration of Pledging progress of human society. (Less: I-l'. EL S'cJ'JoJ'nsnlca's
Faithfulness." Should Angel's right to religious Eoifege Wesrgmw. be No. 18:F226. j.r:l'nuaJ':l"' 28, 2:1151
freedom cane out an exception from the
prevailing jurisprudence on illicit relations for Q: Dychie, Rose Anne, lulie, lriinimy, Alarice and
wbich government employees are held Hrizelle were mùlor school children and member
administratively liable? of Me sect, ]ehovab's Witnesses. The].r were
expelled from their classes his various public
A: 'l'E5. Angel's eonJu9] arrangement cannot be school audiorities for refusing to salute die Hag,
penalized as she has made out a case Em' exemption sing tbe national anthem and recite the 'Punomng'
from the law based III]"l her fundamental right: to II-lokobuj-ron" required be R.A. 1265. According to
h'eedorn of religion. The -Court pecogltizes that the them, Me basic assumption in their universal
5tate's interests must be upheld in order that freedom refusal to salute die flags of the countries in which
- lnduding religious freedom - may be enJoj.red. In the they are louod is Mat such a salute constitutes an
area of' rel.1glo'Lls exercise as a preferred freedom, art of religious devotion forbidden by Eod's law
however, :man stands accountable to an authority and that their freedom of religion is grossly
higher than the State, and so the State interest sought violated. Dn die other hand, the public authorities
to he upheld must he so compelling that: its 'Lriolati-on claimed Mat the freedom of religious belief
will erode the verlr fabric of die State that will also guaranteed by Me Constitution does not mean
protect the freedom. In the absence of shoving that exception from non-disainiinatory' laws like the
such State interest exists, man must be allowed to saluting of Hag and the singing of the national
subscribe to the Infinite. anthem. To allow o th e n ir ise would
disrupt school discipline and demoralize d i e
Furthermore, our Constitution adheres to teachings of civic consciousness and duNes of
the Benevolent Neutrality approach that gives room ciljzenship. is the expulsion iustilied?
for accommodation of religious exercises as required
by the Free Exercise Clause. The benevolent neLLtralll1.r A.: HD. R e l i g i o u s freedom is a fundamental r i g h t o f
doctrine allows accommodation of moraller based on highest priority. The two-fold aspect of r i g h t n o
r e l i g i o n , prmrldeO it does not -offend compelling state religious worship is: 1.1 Freedom to be]le1.re which is
interests. {Estn:1d'o if. Es-l:'nt-or, AM. No. P02-1651. June an absolute act within the realm of thought. 3.1
22, 2086] Freedom to act on one's h e l l e r regulated and
translated to external ar :E. The o n l y limitation to
12?
lx. ElLL DF RIGHTS
religious Med nm is the eximen1:e of grave that the means in which it is achieving lu
and present danger to public safety, morals, health legitimate State objective is the least
and intetesls where the right to prevent helnngs to inl:rl.lslfu'e means, DT it has chosen a way to
the Stale. The expulslnn of the petllinners [rum achieve IM legitimate Etate end that
the sehnu] is nat Justified. imposes as little as pcsslble 1nII:r'l.Isll:m an
religious beliefs.
In Me case at bar, the students expelled are nJll3r
standing quietly during cenenidnies. By nl:lser1.I'iJlg Me illllL'llli
eeremnnles quiedy, it do-esn't present any danger so
evil and imminent to justify their expulslan. The
expulsion of the students by reason of their religious Righlx guaranteed under Sec. 6 of the Bill of Rights
beliefs is aM a vlnlatjnn of a l:it:laen's right to free [1'!El'!8l1, 1996, 1998, 2012 BAR]
education.
1. Freedom to choose and change one's place of
The non-observance of Me flag ceremony does not abode; and
totally oonstltute ignorance of patriotism and el1.rlr: 2. Freedom to travel wlthln the country and
consciousness. Love far country and admiration for oulslde.
national hemes, civil: -oons1:lousness. and form of
government are part of the school curricula. l-ill-l"l'l"£ ui -"5lhl'I'il.'l"
Therefore, expulsion due to religious beliefs is
unjustified. {Ehmflnl u. Diui8.'lon Superintendent of It is the right of a person to have his home or to
Cebu, c-is. No. HEFFD, .F-fnrrh I, 1993] maintain or change his heme, dwelling, residence DT
habitation i11whatever place he has chosen, within the
Lnnnnnlnsr umlrs prescribed he law.
A lei to determine wheUler an all of the government This right, pursuant to Me Constitution, may only be
vialales the nan-estahlishmentclause. impaired bj.r Iawli.Ll order of the -court Unless there be
important societal considerations and interests ma:
To 11333 Lhe Lemon test, a government act DI' pnllqr are implicated B r a person's decision to stay
must anywhere, he should be given complete freedom of
choice as to where he may want to dwell and set up
1. Have a seeLLlar purpose; his abode.
2. Heat pmmele DT favor any set of religious beliefs
3.
or rellglnn generally; and
Not' get the gavernmenl Me e!n9el3.r txwalved
_l~1°flIi=lal§[III1-4Il£ilIII€l~H
['entangled"] with religj-l:l-n. [Lemon u. Kurrzrrrun,
403' 11.5. 593 June 23, 19.'7I'} The right is NDT absolute, as there may be a law that
restri¢:T_1 the freedom , as when the persml is a leper DT
Compelling State Interest a convict
The ]ll:lertJ.r of abide n1a],r be impaired only:

Used to determine if the Interests of the Stare are
compelling enough to Just:IE1.-' infrlngemenl of religious
1. l]prJ11 lawful order of the 1:mJ.1't and; and
freedom. It inuolws a three-step process:
2. Wllhln the limlls pvescrlbed by Law such as
1. ffEis the statute DF' gov-ernment notion public safety and security.
chuted' 'U' burden an the 3'i"ee exercise of
reiblgion? - Courts often look lnt-o 1:he Examples:
s1neerit3.r of the religious belief, but without
inquiring into the truth of the belief slnoe 1. Persons in the danger :Anne areas [e.,gL ML
the free exercise dauoe prohibits in-qulring Plrlatubn, Taal 'll'u]canl::] may be relocated to
about ill truth; safer areas and e1.-'acuatlan centers in case of
danger and emergency In save ]l1.res and
1. fs' there .ii s:.rj]ITdently cnmpefffitg scare property.
interest to .ir.rst{,{§r this In,I'i"llngement al'
2. Inane persons who man around in Rotas
rWtglnus J'JI1»ert}"? - In this step, the
Boulevard may be committed by the
government .has to establish Mat its
government to the Natlona] Mental Hospltal
purposes are legitimate Eur the State and
that they 3 l'*E l:nmpe]]in.g; and
for appropriate treatment and medical
attention.
3. He the State In .l:reFueLr1r:g IN legitimate NDTE: Under Arr. II]. Sec. 6, of' the III:onstllut1on. a
p:.rrp4:l-ses used the feast intrusive means
lawful order of the court is required before the liberty
pessihfe in that the Jfifee exercise E nut of abode and ofehanging the some can be impaired.
1nfp1!nged any mere than neeess'er.1.' m
eeltfeve the legitimate gee! no' the State? -
The analysis requires the State to shew
PDLITICAL LAW
Q: Pas, was employed by Ulf Far Eastern The right to travel does not mean the right to choose
Employment Bureau, owned by ]ocelyn. An any vehicle in traversing a toll way. The right m travel
advanced payment has already been given to Paz refers to the right to move from one place m another.
by the employment agency, for her to work as a Petjtloners are not denied the right to move fm-m
maid. However, Paz wanted to transfer to another Point A to Polnt E along Me tal] way. Anyone is liree to
residence, which was disallowed by the aoeess Use toll way, much as the nest of the public ea.T1.
employment agency. Further she was detained The made by which one wishes to wave] pertains to
and her liberty was restrained. The employment the manner of using the tollway, a subject that can be
agency wanted that die advance payment, which validly limited by regulation. There was no absolute
was applied to her transportation expense from right to drive; on the contrary, this privilege was
the province should be paid by Paz before she heavily regulated. [Mirasoi v. DFI-'L-"H ER. No. 158993,
could be allowed to leave. Does die employment June 8. 2086]
agency has die right to restrain and detain a maid
who could not return the advance payment it Q: PASEI is engaged in the rleeroitluent of Filipino
gave? workers, male and female, for overseas
el:nplo3rrnel:lt. It challenged Ute validity of
A: HD. An employnienl agc11r:J,f. regardless of the Departlneot Drder 1 of the Department of Labor
amount it may advance to a prospecdnre employee or and Employnieot [DDLE] because it suspends the
maid, has ahoolutely no power MJ curtail her freedom deployment of female dornestie and household
of movement The fact that no physical farce has been workers in Iraq, [ordan and Qatar due to growing
exerted to keep her in the house of the respondent ineideoee of pl1}rsieal and persons] abuses to
does not make less real the depr11.ratio-n of her female overseas workers. PASEI contends that it
persons] freed-on1 of movement, freedom to transfer impairs the eorlstitiltiooal right to travel. is l;lne
from one place to another, Ereedorn to choose one's eootention eorrecf?
residence.
A: Tm. The deplog.-'ment ban does not impair the right
Freedom may he last due to emcternai neural la travel. The right to tra1.-'el is suhiect among other
ennipulsinn, to founded or groundless fear, ttl things, m the requirements of "public 9fe4,' "as may
errnneatls belief in the existence of an imaginary be pro'l.rlded he law." Department Grder Na. 1 is a
power of an impnstelr to cause harm If nut b]1m1l!." valid implementation of the labor Cade, in particular,
ebeyei to any other psychological element that may HE bash: policy to 'afford protection la labor,"
curtail the mental faculty nfehalee nr the unhampered pursuant to Me Department of Labor's rule-making
exercise of the will. authorltjr vested in it bl.' the Labor Code. The
petitioner assumes that it is unneasonahle simply
IE 'the actual effect al' such psychological spell is to because of ill Impact on die right to l:ra1.l'e], but as we
place a person at the mercy of another, the 'ii-ctim is have stated, the right itself is not absolute. The
entitled to the protection of co1.1rl3 of' justice as much disputed -Under is a valid qualjtieatlon thereto.
as the individual who is illegally deprived of liberty by [.P.l'1€l'lppine association of 5»'er'I.Hee Exporters, foe I-".
duress or p]'Ljl,I'siea] coercion. [Conoco u'_'i'afazar; 82 Phil. .D.rfJ'on, of. Ho. 81958, done so 1988]
851, Jonuorjv I, 154-I]
A member of the militant cannot travel fneelv to
Right m Travel ntllpr T11nf"r1 apart frfrm lli'i-"nmmand p-wt
This refers m the right of 3 person to go where he Hobilitgl.r of travel is another neeessarjr restriction on
pleases without interference from anyone. members of the military. A soldier cannot leave
his/her pest wid'u::l1.Lt the consent of the eorninanding
The limitaliurls un the right to l:ra1.l'el [S-S-I-I] offer. The commanding oMoei' has to be aware at all
times of the loeatlon of the troops under command, so
1. Interest of national semriljf, as to be able to appropriately respond to any
2. Public safety; and exigencies. For die same reason, commanding oMcers
3. Public health. have to be able to restrict die movement or tra1.-'el of
their soldiers, if in their Judgment, their presence at
NI]l'l'E: It is settled that only 3 court may issue a half! place of r:all of duty is necessary. military ]ife rails for
depal'mm order against an indmuual addiessed in considerable persons] saerlhees during the period of'
the Bureau of Immigration and Dcpnrtati-un. However, r:onseription. wherein the higher duty is not to self but
admlnlslratlve auMuriies, such as passp4:lrt-officers, to eountryr. [Gudoni U. Servo, ER. No. irons; August
may likewise curlall such right in the Interest of ii 2006]
national security, public safecj.-', Ur l:»1.Lb]1c health, as
majl.r be prmride-d by law. L n Il I I I1. L r
L
41 ;
DPWI-l may validlg-r ban cert:-lin vehicles an Right Lo tra'l.-'el is nut impaired by a hold departure
t1rD1"i"v4w=1\{""1 in =:frnlirlpr=linl1 of r¢\t\*1Iih1Iif1n=l order. The base reason for the rule is found in Peep-J'e
p-ruvisiuns alright to travel. Ur Lay Tuising, 6 1 F u . - m e 1935, where L: was said t h a t
inascmueh as the Jurisdlctldn of the enurLs from which
orders and processes were issued dues nut extend
129
lx. ElLL DF RIGHTS
beyond that of the Philippines, they would have no is a law that [a] is complete in Luelle setting farm
binding Eurrle ::lu13lde of said iILLr1 sdictiun. therein the pnllqf to be executed, carried but, DI
implemented b:.' the delegate; and [b] flies 3 standard
Q: Several criminal complaints were filed against th e umm of which are sufl34:ienTl1.r determinate and
Iortner President Gloria Harapagal Arroyo- [E Ha.; determinable to which the de]egate must eunfcwm in
before the DDI. in view tbeneol] [JD] Sec. De Lima the performance ofhls funedclns.
issued Watchlist Drders {W'LD] pursuant m her
authority under DD] Circular He. 41 which was Q: President Rodrigo Duterte issued Proclamation
issued pursuant to the rule-ntaking powers of die No. 475 formally declaring a state of calamity in
DDI in order to keep individuals under Boracay and ordering its closure for six [ll5',l'
preliroinarv investigation within the iurisdietion months. Un account of this, Boracay residents
of the Philippines. Subsequently, GM.. requested I4-'lari-L Anthony Iabai and Tltiting ]a-cosalem filed
for tile issuance of Allow Departure Drders [ADD] the present petition alIs-ging that they would
se that she n1a].r be able to seek medical attention suffer grave and irreparahle damage as their
abroad. Before the resolution of her application livelihood depends on the tourist activities
tor $00, uma filed a petition with prayer for the therein. They attacked die order Dl'l Me ground
issuance of' a TRD seeking to annul and set aside that it violates the right to travel. Are Ikey
DDI Eireular Ho. 41 and W1.DIS issued against her correct?
for being unconstitutional. A TRD was issued but
GMA was prevented from Ieaviog the country. Is A; ND. This case does not actually ln1.-'olve the right to
DDI -Circular No. 41 unconstitutional for being a tra v e l i n 113 essential sense. Any bearing that
violation of the right to travel? Proclamation Nu. 4?5 may have on the right to travel
is merely corollary to the closure at' Boracay and die
A.: IrEs. The DG] has nu authority to issue DG] Eincuiar ban of touris13 and non-resldenu therefrom whldi
Na 41 which effectively restricts the right to travel were necessary Incident of the island's rehabilitation.
'Lhrluugh the issuance of W1.0l and HD-Us [Held There is oertalnly ]"lD showing that Proclamation No.
Departure iJrders]. There are only three 4'?5 deliberately meant to impair the right to travel.
considerations that Ina;-' permit a restrlctjun D11 the The questioned proclamation is clearly focused on its
right in travel: national security, public safety nr purpose of rehabilitating Eoracayand any intention to
public health. Furrier, there must he an expiicll directly restrict the right cann-ot, in any manner, be
pruvislcnn cnfstatutclrjr law or Rules of Euurt providing deduced from its lnlporl;
for the 1nlpal:rmenL
Th e closure of' Boracay was only temp-orarj.-f
DD] Elreular Ho. 41 is nut 3 Jaw. It is not a legislative -oonsldering Me categorical pronouncement that it
enactment, but a mere admilliswatlve issuance was only for a definite p e r i o d of six months. Hence, if
designed to carry nut the pm1.rlsin]1s of an enabling at all, the impact of Proclamation No. 4'J"5 on the right
law. DDI is nut autl1n]'i2et1 to issue WT..{]s and HDDs to to travel is not direct but merely consequential, and,
restrict the ennstittltlrmal right to travel. the same is only for a reasonably short perl-od -of time
or merely temporal},f. fennel v. Duterte, on No.
There is no mention of the exigences stated in the 2384692 Febmory 12. 20/5-:aj
Constitution that wil] jus1:lfy the impairment The
provision simply' grackle the DDJ the p o w e r t o Return m one's cuuntw
investigate the commission of crimes and prosecute
offenders. I t does net earr3,r the power to Q: Ferdinand Mare's, in his dearjibed, has
1ndis1:Tim1natel1.r devise all means it deems proper in signified his desire to Iemrn to Me Philippines to
performing its fl.lnr:tions without negjard to die. But President Eerazeo Aquino barred the
eonstltutio nall3r-protected r i g h t return of E4-'Iareers and his family. The Mareeses
invoke their right to return. is the right m return a
DD] cannot ILlstifjl.r the nestralnt in the llbeJ'tj.r of eenstit'l.ltiuna1l}r protected right?
movement imposed by the e1rr:u]ar on the ground that
it is necessary to ensure presence and attendance in A; ND. The right to return to one's elnuntry is not
the preliminary lmresdgation of the eomplalnm. among Me ]'i.ght.s speeilieallyr guaranteed in the em of
Rights, which meats only of the liberty of abode and
There is no auItJ'Lorltjlr ofiaw granting it the power to the right to travel. Nevertheless, d'Le right la return
compel Use attendance of'Lhe subjects of a pneiimlnary may be ennsidered as a generally accepted prlnelple
investigation pursuant to to investigatory powers 10 -of International law. and under the Ednstltutjan, is
investigatory power is simply inquisitorial and, p a rt o f the law of the land. H11we".fe]', it is distinct and
unformnateljr, not broad enough to embrace the separate From the right to travel and enjoys a different
imposition of nestraiot on the lll:lertl.I' of movement prdteetidn under the International Em-'enant if en-1l
l'Eenulno v. De Limo, on Ho. lasso, April' I F, ears; and Pnlltieal Rights. [Marcus H. Mnnglnpus, an Na
8-8211, September 15. 1585 a Gctalaer 317. 1989)
It is, however, in1pm't3nt to stress that before there
can even be 3 valid admlnislratlve lssuanee, there Residual powers, according to Theodore Roosevelt,
must first be a shdwlng that the delegatlnn of dictate that the President can do anjrlhing which is not
legislative power is il3elf valid. It is valid duly i f th e re Eorbldden in the Constitution {Eorwln. supra at 1 5 3 ],
PDLITICAL LAW
inevitable to vest dixmOonary powers an the NDTE: It can only be invoked if it is against the
President {Hyman, American President] and that the government DI when the government lnterifenes in
president has je maintain peace during limes of contract between Me part ES. [Poetic Wide Hearty and
emergerlqr but also D11 the da],r-to-4:lal.r operation to the Development Corp. u. Puerto Azure' Loud, Inc, on No.
State. 180-893, November 25, 2089]
HDTE: The non-lmpalrment clause always yields to

the po]ll:e power of the state-and even to the power of
See pr1!nr discussion an Eminent Domain
taxation and eminent domain-For as long as the
subset :matter of the contract is imbued with
-l»HIIEII-441lrl.E1=l{lllll'[ll§ll=4l1*1_ paramount public interest Into every.-' ElII['ll:l'EI.'EI is
deemed written the police power of the State. Also,
the p-olioe power may not be bargained away through
lnu.naim~mJnL-zmlluu~ the medium of a contract, or E"'ll'E:l"l. that of a treaty.
Any law which inlrncluces 3 change lnta the express Mutuality o r mntracts
terms of the -eantract or us legal construction, or ins
1lfa]ll:ill1.', nr its discharge, or the remedy for ins ER: Ualld contracts should be respected by the
enforcement, impairs the contract legislature and not tampered with bar subsequent laws
that will change the intention of the parties DT modify
The law impairs tbl: nhligaljnn of cnntrarls in their rights and obligations.
1. It changes the terms and conditions of 3 legal NDTE: The will of the parties to a contract must
mntrael eiiiier as to Me time or mode of prevali. A later law which enlarges, ablrldges. or in any
performance, DI' manner changes the intent of the parties to the
z. It imposes new eondltions DT dispenses with contract necessarily impairs the eantcact i13elf and
those expressed if II authorizes for LE satlsfar:t:lon cannot be given re'l:rnacti1.re effect without vinlaling
something different from that provided in its the cn11_=.tltutlnna] pmhihiticm against impairment of
terms v. IAQ no Na. or Il59. December
cnntcacte [.S'an,;l'l:!l'.l:rfJ-g'
22, I38Ej
NDTE: Here technical change which does not change
the snlbstance of the contract, and which still leaves an XIAN: Enactment of laws pursuant to the exercise of
efficacious remedy fer enforcement does NDT impair police power because put:l]ic welfare prevails ever
Mic obligation of contracts. A valid exercise of police private r1ghl3. It is deemed embedded in every
power is superior to the obligation of contract contract a reaernrarlnn of the State's exercise of paliee
power, enllneJll dcmaln and ta:1ca1:ll::n, m lang as it
Amn1i="=\l1i1inr -'ii the' pr-wi'4if1n deals wlM a matter affecting the public welfare. [PUB
u. Remgia, GR Na. ?8588, March 21, 1994]
MUTE: It is NUT absolute and is nm to be read wld:
literal esaetness. It is restrltted to 1:l:m11"aL'13 with Q: While still being a GDEE, PAL entered into a
respect to p]'n]Jertg,r or some obieet of value and wltdeh Eommercial Agreement and ]oiot Senlioes
confer rights that may be asserted in a elnurt nfjustiee, Agreement with Kuwait A.irways in 1931
lt has 11-D ap]Jliea1:l-an to statutes relating to public establishing a joint commercial arrangement
subject: within the dnmaln of Wie general iegislatlve whereby PAL and Kuwait Airways were to jointly
powers at the State and lnunlvlng the l::l1.1l:l]1e rlghls operate the Manila-Kuwait [and vice versa',ll mute,
and public welfare of the entire erJmnlunitj.r atTe4:11ed utilizing the planes and services of Kuwait
by II; Airways. In that Agreement, PAL may -collect
royalties from Kuwait Airways. Subsequently, the
This eonstllu1:1ona] provision is applicable ON1.Y if the government lost control over PAL and became a
obligation of mnwart is impaired b]..r ]egis13l11.l'e act private corporations After 14 years, delegations
[statute. ordinance, el:4:.]. The all need not be by a from Ute Philippine government and Kuwait
legjslatlve oboe; but it should be legislative in nature. government met. The talks culminated in a
Furthermore, the impairment must be substantial. Eonlidential Memorandum of Understanding
[Philippine Rural Electric Cooperatives Jlssoe. u. DILE [tmu]. The CMU terminates Ute agreement
.5'er:rerarII.", of. No. 143096, June IO, 2-003] concerning tlle royalties effective April 12, 1995.
However, PA1. insists tllat the agreement could
ln=lT1T11i-:=lhili"'¢' ni Igor' prnNiinn only be effectively terminated on 31 Drtober
1995, or the last day of the then current tracie
Cine, in case of franchises, privileges licenses, etc. period and therefore the provisioris of the
agreement shall continue to be enforced until
MUTE: These are subject to amendment, suck date. Ean the execution of the emu between
alteration ar repeal by Enllgness when the Kuwait and Philippine Eovernmenls
enrnmnn grad so requlree. automatically terminate die Commercial
Ag;reement'?
Two, there is nellher public interest ilwcllved our a
l="-1: Wat Wwww rh "1a1m

lx. ElLL DF RIGHTS
A.: HD. An act of the Philippine Government negating indigent litigant that can be exempted from payment
the rommerclal agreement between the two air]lnes of legal fees. Exemption cannot be extended to the
would infringe the vested rights of a private foundations even if their are working for the indigent
individual. Eln-ee PAL was alreadj.r under private and Lemmie rprivi legged people. [Re: r;'1¢»20* vi Mn Roger E
ownership at the time the EMU was entered into, the Pr1'or-escNf Re: exemption j'om Lego! and jiJ'ing fees' of
Court cannot presume that any and a]l commitments the Good Shepherd Foundation, Inn, A M. No. 09-6-9-
made by the Phillpplne Government are unilaterally SE .4.ugu5t 19. 2008;
binding on the earrler even If this comes at the
expense of diplomatic embarrassment Even granting Q: A pauper is I-Lnown to have several parcels of
that the police power of the State rnayr be exercised to land but that for several years prior to the Filing of
impair the vested rlghls of prlvatelyr-owned airline, the complaint in the inferior court said parcels of
the deprivation of property still requires due process land had been divided and partitioned amongst
of law. {.f(r.rwo'it .4J'rHne Corporation v. PAL, ER. No. his children who had since been in possession
156381 Hard 2005] thereof and paying the taxes thereon. is he
-considered indigent? I4-lay he apply for free legal
assistance".t
A. YES. Republic As! 5034 [An Art Prnvidlng

Basis Transportation and Ethel' Allowances for Indigent
Lltigan13], has defined the term 'indigent" to refer to a
Free access to courts and quasi-iudidal bodies and person 'who has on 'ulslble means aflnenme DI' whose
adequate legal assistance shall 1101 be denied m any Income is incur-cient fur the subsistence -of his
person by reason of p41vert3-'_ [See II, Are .8'. I98? famll.l.r.'
Cunsrlturahnj [1¢J"8l1, zunz 8.-ini
Even on the assumption that petitioner os-'ms
Right to to* aw-ci to cnurrc property, he may still be an indigent considering his
sworn statement that he had run income. Llnder the
This right is the basis for Sec. IT, Rule 5 -of the New QandarOl set forth in Acorn. Ros of as well as the recent
R u ff co' Eeurt allowing .lltigatiun in farms pauper M legislations heretofore affected to, lt is the income of
Those protected include low paid employee, a Iltigant that is the determina1:11.re factor. For, really,
domestic servants and Iaboners. '[C'l:!han,l.;luS v. Afmedu property may have ND l11colne. It may even be a
Lopez, ER. Ne. 4635, September 34194-0] Enanelal hyMen whose income is in suM sent for the
subsistence ofhls Eamlly'
Q: The Municipal Trial Court denied ]a5'pee's
petition to litigate in ,forma puuperis on the Even on the a55un1pt:lan that petltlnner owns
ground that [as""pee has regular en1l:l-lo].rn1ent and property, he may still be an indigent cnnslderlng his
sources of income Ulus cannot be rlassiiied as sworn statement that he had no lnnnme. Under the
poor or p-auper. is the oourfs order iustiiied' iandardl set ford: in Acurv. Rusnf as well as the recent
legislatlans heretaffnre adverted to, lt is the lnnnme of
A: run. The_=,r need not be persons so poor that they a litigant that is the deteJ'miJla1:i1.re factor. Far, really,
must be supported at public expense. It suffices that property may have in l]1CD]llf\E. It may even be a
'Ll'Le plalntiIT is indlgenL And the difference between Enanelal burden. {Enl:lje up Ramos, ER. No. L-22182
paupers and indigent persons is that the latter are lfrrnuar€v 30, I9?O,1
persons who have no property or sources of income
sufficient for their support aside from their own Labor
'Li'Loug]1 self-supporting when able to work and in
employment [Scar it Rosoi, ER. No. I.-21.'?0?. Horal Basis
/8. 156?j
No person shall be compelled to be a witness against
'A person so poor that he must be supported at publjr: himssll [i 98? L'l:\r1stil'ur1lnn, Ser; JF, Art m; [1990,
expense, also sulla who, on account of po'ueJ'tl.I'. is 1ssz, 1998J= 2DD6 BAR]
allowed to sue or defend without being chargeable
wllh r:osl3.'- BIar:k's Law Dietlonarjr This mnstitutiunal privilege has been defined as a
protection against testimonial r:umpu]slnn. but this
has since been extended to any evidence
Q: The Gund Shepherd Feundatin-n, lne. seeks to he "communicative in nature" aequlned under
exempted from paying legal. tees [or its indigent elrcumstanees of duress. {F'\aap}e up Erivls, no Nu.
and underprivileged clients euuelting their claim _"Franz, SeptamMr3Q 1589
in the free access clause emhddied in Sec. 11, Art.
ill dt'tJle Ednstitutinn Is Me ednteotien tenable? NBTE: WTLat is pmhihited is the use of phyrslcal or
moral eonlpulslon m extort eommunlea1:ion from the
A: ND. The -Enurl cannot grant efxemptlan of pa;"'nenl witness or to other1M3»e elicit evldenoe which would
of legal fees in fuundadunsfinslimtlnns working [nr not exist were II not for Wie actions compelled from
indigent and underprivileged people. Accnrdiiig to the witness-NDT the illcluslnn of his body in e1.-'idenoe
Sec. 19, Rule 141, Rules -of £'0:.rrt. nn]3." when it may be mateJ'1aL For instance, substance
annrumfparryfitiglanr may be regancled as an
PDLITICAL LAW
emitted from Me body of the accused Jnay be received The privilege against self-incrimination can be
as evidence in phosecudon For acl3 of lasclvldusness. claimed o11l.[,f when the specific question,
(us u. Tan Telly, 23 PIFul'. 145, September F, 1912). And incriminatotjr in character, is actually addressed to
morphine forced out of the mouth of the accused may the witness. It cannot be claimed at any other time. It
a]so he used as e vi d en-L*-e against him{U5' u. Dug Sir does not give a witness the right to disregard a
Hong. 36 puff. F35, .dqg'ust 3, 19/ Pa subpoena, un decline to appear before due court at the
time appointed. [Rosette nr. I-J'Vt=L as- No 135051, June 8,
Consequently, although accused-appellant insists that 2806]
hair samples was Eoccjbly taken from him and
submitted to the NEI for forensic examination, the Right against self-imzriminatian of an accused vs.
hair samples may he admitted in evidence against Right agpinstself-incriminatiun ui a witness
him, for what is proscribed is the use of testlmonia]
compulsion or any evidence eornmunicative of the
nature acquired from the accused under duress. Cannot refuse 10 take the
fl'-"eo.ple in. Rond'em_ azo scan 333, 3ss»401, December. witness stand; can nnlyr
9, 1999; refuse to answer specific
ques'l'1cl»ns whlr:]'L WDold
_..2.lH=l=h!lll'.l1*.=lrl=IH=_ i n c r i m i n a te him in
the
nummisslnn of an
The right is available ill: [C-E-I-A--D] gffgngf'
1. Criminal cases,
2. Civllcases; MUTE: For, In realizer, the purpose of calling an
3. Impeachment; accused as a witness for the People would be to
4. A.dminisl:rali1.-'e was-es, incriminate him. The rule posllively intends to avoid
5. Gther legislative investlgatians that possess a and prohibit the -certainly Inhuman procedure of
criminal or penal aspect. compelling a person "to fu1'11ish the missing e1.-'idenoe
necessary for his eonm-'1ctioJ1". [Chavez U. EA, ER. L-
25/55; August 12 1968]
It does not apply to private lmrestlgjations done by

1.E1.41 Ml I
private individual {BP.I if. CASA, ol=:.rmI49454l Moy pa.
20093. When the pri1.-'ilege against selE~inr:rimina1:ion is
uiolated ouulde of 4:'or.rrt, say, bl.' the police, then the 1. Use Immunity
testimony. as already noted, is nat admissible under' 2. Transact:llnnal Immunity. [Gasman Ur. Pamnmn,
the exclusionary rule. W'heJ1 the privilege is vfoioted 118. NOR 71203-Q-9, Au,gu.'rl'3Q I 9 8 5 ]
by the court ltsel'L that is, by the judge, the court is
ousted of 113 iurisdletion, all HE proceedings are null
and void, and it is as if no judgment has been
rendered [Chavez v. CA, of. No. L-29/69, August is,
15681. [Notez heading of the note says private The tesNnmeny of any Thi: use LaT Me wlnaunss
ind11.rlduals l:l-utenumerated public aud'Lorit'y instead] P-El'§DI'l 'DT Wh'IJ§E can-nlpelled tesdmuny
possession of elder-cc and ill fr1.1i!3 in any
NDTE: This right may be invoked not only in erlmlnal necessary at convenient manner in CDTIIIEEUQII
eases, but even in adnlin lstradve proceedings Lhat in determining any part cut with ItJ1e crlmlna]
partake of 3 criminal nature l'.S'el:'retor}' as justice u. in1.res'l:lg,a'l:l-nn -conducted is PTDSECUHDH of the
London, 322 scan LEO, ,fonuoigr 18, eoorzu. This may immune f r o m e r l m l n a ] wellness are prnhib fled.
e1.-'en be invoked during inquiries in aid of legislation prosecution for an clffe11.se (Gasman u Pamumn, GR
in d'Le Congress, and even in impeachment to which such compelled Nos. F1288-09, Mugust
proceedings. {Ben,;IIzob l.-L Senate Blue Ribbon test me no relates. 3a.15ra5.l
Committee, 2:13 SUM res; November 20, I951]
The witness cannot bl: The witness can sli]] in
prosecuted at all. prosecuted, but his
impelled testimony
A question tends to incriminate when the answer of maj; not be used against
the accused or the witness would establish a fact him.
which would be a necessary link in a chain of e1.rlden-oe
to ptahre the commission of a -crime he the accused or
the witness.
NDTE: The pJ'i1.rlIege against self-ln-l:rimiJlatll:»n is nut

self-executing ar autonlatlcally operatlanal. It must be
Also known as the "Miranda Right." These are 1:he
claimed. It to]laws that the right may he walked,
rlgh13 to which a person under custodial investigation
exprlesslyr, nr 1 mpIiedl.1.I'. as b:.' 3 failure to claim in at the
is enticed. At M115 age, the person is not ye: an
apprn priate 1:i me.
133
lx. ElLL DF RIGHTS
accused as there is yet on case med against him He is lnun-4ti!Eati¢n and tllp Dllfipl at mr- Arrp1*i1u!.
meme 1x,' a suspect Dvraininv Ann ll11rl°'4n'l'=1*i1'1\= 1'lf1i"*r1
Iran* al' CII'-rtfrilinl lnvp'4rl'p.=1rinu Thus is a specual penal law enacted pursuant to Section
12, par. 4, Ari; III of the 19'E'I-r Cnnstitutlan.
Custodial investigation commences when a person is
taken into custody and is singled out 33 a suspect in The :1.lstod1al investigation shall include Me practi-oe
the commission of a ci'ime under investigation and Me of issuing an invitation to a person who is under
police officers begin to ask questions on the sII.Lsl:lect's investigation in conneetlon with an offense he is
participation therein and which lend to elicit an suspeeoed to have committed. [HA 94:38, Ser. 3]
admission. fArieI Lopez 1.-L People of Me Philippines,
on. N 1. 2/2156, _[one as, 28/6I as penned by L NDTE: Rights during custodial investjgadnn apply
LEEJWEN1 only against tesdmnnial compulsion and not when me
hndyr -of the accused is prnpnsed m be examined [e.,l.;IL
The fcnll-nwing are the rlghls -IJf sLlsper:l3: [2013 BAR] urine sample, phnlngraphs, measurements, garments,
shoes] which is a purely mechanical acl;
1. Right to remain silent:
z. Right to competent and independent counsel, In the case of Salmon H. Pamamn, 6.8. Nas. rrzaa-u9
preferably ofhls 1]'l'l!'lI choice, Augiut _'in 1985, it was held that the ednstllutlanal
3. Right to be reminded that if he cannot afford the safeguard is applied nntwlthslandlng that the person
services oF counseL he would be pro1.rlded with is not yet arrested at under detention at the l:ime.
IIIIIIE However, Fr. Bernas has qualified this statement by
*L Right to be informed ofhls T1g]'lI3; saydng that iurlspr1.Ldenee under the 198'?'
5. Right against torture, Eonce, violence, threat, Ednstllutlnn has ednslslendyr held, [allowing the
intimidation or any other means which 'Lrltlate strleter view, that the rights begin to be available rJ]1III.r
the free will: when the person is already in custody. [People v. We
6. Right against secret detention places, solitary, inn by, ER. Na. I5?33'5l', November I?, 2805]
incommunicado, or similar Io runs of detention;
T. Right to have confessions or admissions Fur thermore, in the ease of Pa-opfe U. Reyes, as No.
obtained in violation of these rights considered 1?8'3815L March 19 2151E151, the court held that: "The
inadrnisslble in euddenoe. [Miranda if Adm nm randle of protection afforded by the above-quoted
384 is. 43'6June 13, 1966] provision :overs the period from the time a person is
taken into eustodjr for the investigation of his possible
ams; E1.l'en If the person ennsems to answer participation in the commission of 3 crime from the
questions wllhuut the assistance of counsel, the time he was singled out as 3 suspect in the
moment he asks Eur a lawyer at any l:"0int in the -oommisslon of the offense although not yet in r:ustod.'l.r.
1nvesligal1nn. the lnterrnga1:lnn must cease until an
attnrneyr is present Infraction of&1e rig]'Lts of an accused during custodial
lnuestigotion or the so-called Miranda Rights render
The 'Miranda Rights" are available to avoid inadmissible only the extrajudicial confession or
invuluntal'y extraiudidal confession. admission made during such 1 mres1:igat:lon. "The
admissibility of other evidence, provided they are
The purpose of providing counsel to a person under relevant to Wie issue and is not otherwise excluded is
cuslodlal llwestigalion is to curb the police-slate law or rules, is not affected even if obtained or taken
practice of eactractjng a confession that loads appellant in the course of custodial lrureslzlgation' (Ho Was Pong
to make self-lncrlmlnatlng staren1e:m3. [People je u. People, is. No. IFE229, D-ctober is, 2811]
Rapeeu, i s . No. 169431, .4pn1' 3, 2|5||!:TF".|
llnavailabilitv uf]'I-'liranda Rights
1. During a police line-up, unless adlnissi-ons or

confessions are being elicited from the suspect;
1. During custodial lnvesdgalian; [Gam-hon u. Cruz, ER Ho. L-5623'I,june 29 1988]
2. During adl:ninistrati1.-'e investigations; {.5'eb¢:rsttntl.,
As soon as the investigation ceases to be a j'r: v GamNitorena, ER. No 114028, Uctober 18.
genera] inquiry unto an unsolved crime and 2088]
direction is aimed upon a particular suspect, as
when the suspect who has been taken into p-olioe 3. Elonfessions made by 311 accused at the time he
\ro]untaJ'il;.r surrendered to Me police or outside
custody and to whom the police would then
direct Interrogator f questions which tend to the eonoext of a formal investigation; (People v
Bololoy. G.R No 148940, .4pnll 12, 2002]
elicit incriminating statements; or [2014 BAR]
4. Statements made to a private person; and [People
2. IEJ'itlr:al pre-trial stage. IJ' Tnwat ca Ho 62851, Moy 25. 198.51
5. Forensic investigation is not tantamount to
R.A. 7438 - An Art Defining Certain M98 of custodial investigation, therefore Miranda rights
P¢'r¢nl1 Arr'P1IPd, l1¢'r=llnprl nr Hnilrr I1l11rnfli a1
PDLITICAL LAW
15 not applicable. {FEnpJ'e H. T'r40t1»:'a, 235559.4 455, the lru1;1'L [PEnp£e Lf. Arrdun, ER. Na. II 543F, Munch 3,
August IF, J'5l5l4,T 199?j
it | Q: Eonstando and Berry were charged -.rim the

n I-l crime of Rape with Homicide committed against
"AAA'. During the trial, Alvaro, a news reporter,
The raga-to would only be available IF a person has testified that he personally interviewed Berry.
a]nead1.r arrested and in custody. Looking at the Amparo declared that during his interview, Berry
historical Oackgmund of the Miranda Rights, it would revealed what happened the night "AAJ4" was
seem that the rights lock in the moment a person has killed. Atty. Suarez testified Mat during Me
alteadyr become the suspect, or the one singled out for custodial investigation be advised Berry of his
Investigation for possible participation in the crime constitutional ri,,.9,l1ts and Ute consequences of his
under scrutiny. {Peop}e vs MOrro, 336 SCHA 565, 1954 statemeol3. Berry then executed an extraiudieial
and People vs 'J'Tn,g' Lon of, or, 4F"5 S'CR..4248, 2005] confession which was enthodied in a Sinunlpoong
Solojrsajr. However, at the trial, Berry attested that
Me Sinumpoong .5'oi'o_vstr_v was false, and claimed
that he was threatened into signing the same. [s
Rights that mall.r be waived the confession admissible?
1. Rlghttn nemaln silent; and A; TES. The Court believed that Bert;-*s confession is
2. Rlghtta can noel. admissible because it was 1.rolu11tary executed wid:
the assistance of a competent and independent
Rights that may mr hr' waiwrl counsel i11 the person ofAtt5f. Suarez following Section
12, Artide III of die Constitution. In default of proof
The right of the accused to be ghren the Miranda that Atty. Suarez was negligent in his duties, the Court
warnings. held that the eustodia] investigation of Berry was
regularly conducted. there was ND amp]e proof to
Pf-1I1i1iIlf'i tfwrr ram walvvr show that Berryn's narration of events to Amparo was
the product of 1ntlm1dal1on or coercion Eerrjl.Fs
1. Made 1.r1:llluntarlIl.I'. k.nnuNngll.r and intelligently; extraiudidal confession to Ampal~o. a news reporter,
2. 111 wT11:l fig; and is deemed voluntary and is admissible in e'uldencle as
3. 'll'l.I'i'l'J1 the pl'esen& of counsel. [Fence v. Gall; ER it was not made to rLhe po-I1oe authorities or to an
HE L-SIWQ March 20, 1985; in1.restlg,al:ing officer. [People u. Constoneio, so Ho.
286326, .April' 4, zoos]
Admissibility as evidence of eenfessiurls giyeu to
news rep-nrters and,-fur media and videotaped Exrlusiunarv Rule; Fruit M' Lhe Fnisannus Tree
cnnlussinn; Doctrine
Eunfessians g11.fe11 in vespunse to a questlcm by news Dnce M e pr im a r y §DLll*CE' [the tree] is shown to have
Departers, nut pn'Iidemen, are admissible. Whens the been unlawfully ablalned. anyse-dundar],.r at derivative
suspect gave §PDTlt3]1E1]lIS HIIISWETS III 3. televised evidence [the h'ult] de]'11.l'ed from II is also
lntenrlew by several press reporters, his answers ave inadmissible. It dues not her:essarlI.1,r fallow that the
deemed to he voluntary and are admissible. properly illegally seized will be returned immediately,
it-l:rJuld remain in custedla legis.
'Jldeutapcd cunfesslans are admissible, where lr is
shown that the accused unbundcned his guilt Any evidence obtained in violation of this ar the
willingly, openly and publicly in the presence of the p-recedlng section shall be lnadnrd sable for any
newsmen. Such confessions de: not Eurm part -of p41rl:":l3»e in any proceeding. [Set:. 3[2]]
cnnfcssicns in custudia] investlgaUuns as II was nut
given to l:"-lic-emen but to media in attempt to scl]1cit The issue of ad misslblllljr of such eWdenee may be
sympathy and forglvcncss Ei'c»m the public waived. Cll:IJe4:tid:l13 are deemed waived if nut raised
during trial. [Demaisip vs. EA, 193 SERA ET3]
However, due to inherent danger of these videotaped
confessions, I.he.'l," must be accepted with e:IN:l'eme MUTE: The rule is based D11 the principle that
caution. They should be presumed involuntary, as evidence illegally cnbtalned by the State should nut he
there may Oe oonniiranee between the p-ollee and used ld gain other evidence, because the originally
media men. [People u. Endino, EE. Ho. 133828, i]]egall].r obtained evidence taints all eviden-ce
Febmofy 20, 28-Ulj subsequently obtained.
NDTE: What the Cnnstimtinlt bars is the cumpulserg." Q: Mayor Tatum arrived and proceeded to the
diselnsune of Wie incriminating facts or ennfesslnns. l'DDI'IIL Upon seeing the mayor,
imuesligjation
The ]'ig]1ts under Fee 12 are guarantees to preclude appellant Flows appmaehed him and whispered a
the slightest use of l:ne1'elinn tlj.r the State, and net m request to talk privately. The ruajror led appellant
prevent the suspect Prim freely and veluntarlljr telling to the affine of the Ehiefot' Police and there, Flores
broke down and said "Mayor, patawarin mo ako! I

lx. ElLL DF RIGHTS
will tell you Me truth. I am Ute one who killed Nu person shall be held m answer fur a crlmjnal
lfillaroman." The mayor opened the door of the offense wlthnut. due process of law. 4498?
roam to let the public and media representatives En-nsn!tunnn. Ser. 14(1), Arr. in;
witness the oonfessioo. The mayor first asked for
a lawyer to assist appellant but since no lawyer Requisites n-fcrimioal due prnccss [NDI-EPI]
was available she ordered the proceedings
photographed and videotaped. in the presence of 1. Accused is heard by a Enurl -of competent
the mayor, the police, representatives of the iurlsd lctitin;
media and appellaolis own wife and $00, app-ellant 2. Accused is proceeded against under the orderly
confessed his guilt. His confession was eaptuned Prneesses el-f]a'.»\e
on videotape and covered by Me media 3. Accused is given Hdtice and lZ]pp4:llrtunltl.r ld be
nationwide. Did midi uorounseled confession heard;
violate die suspects constitutional righl3'? 4. [udgment must be rendered after lawful hearing.
A: Tm. A confession g11.ren to the mayor may be Right to- app-ral not a natural right
admitted in evidence if such confession by the suspect
was given to the mayor as a confidant and not as a law The ]'ig]1l up appeal is J1ellheJ a natural right her part
enforcement oftioer. In such a ease, the unclounseled -of due process. It is a mere statutory right, but once
confession did nut violate the sILLspect's l:onstillltlonaI given, denial eunstltutes ylplatiun afdue pmeess.
rights. What the constitution bars is the compulsory
disclosure of incriminating facts or confessions The
rights under Sec. 12 are guarantees to preclude the
slightest use of coercion Br the State and not to nnontnr
prevent the suspect from freely and voluntarily telling
the 1:l'uth. [People |.-'_ Jindon, ER Ho. 116431 March 3, Ball is a matter of right except where a person is
I95IFj' charged with an offense punishable by refusion
perpetua, life imprisonment or death and where
Q: Accused Antonio Laugh was charged and euidenoe of guilt is strong, use? Constitution, .article
convicted of the crime of rape of his thirteen-year IH, Section 131
old daughter, AAA.. During the proceedings, ]uan
Paula Neponulceno, a honnoyhojfonin the Ball is null granted to prevent the accused [rum
boron-.qoj.-', testified that the accused coniesse-cl that clnnlmittlng addidnna] crimes. Ball acts as a
he bad in fact raped AAA. The trial court Found reconciling mechanism to accommodate truth Me
him guilty of the crime of rape. Laura contends accused's interest in pretrial liberty and snclely's
that the extrajudicial confession he made to interest in assuring the accused's presence at trial
lilepornuceno is inadmissible in evidence as it was l"Leu1St-e us l2'0u.rt n,f Appc1:IJ's. 6.15 Ecru 5151 March IF,
made without assistance of counsel. Is his 28101.
contention tenable1
Forms at Bail
A: YES. A éumnguy Inzrntuy bunyan is 1:::n5lde]'-ed a
public affleer and any extraiudldal ennfessinn made 1. [Zara rate Surety
to him wlthuut the asslstancle of counsel is z. Pmperq.-' Bond
inadmissible in evidence as prnurlded fm' under Sea 3. Cash depusll; and
12, Art III of the CmL§tllul:1-cm. {Feaple u. Lange, ER. 4. Recu:lg;1i2an1:e {Rules of Court, Rule 114, Section
Ne. 186228. Hard: 15. 20I'l5lj
1]
Amount it' Bail; Guidelines
[D-] -c-n-s-wlT- E-I] . BE
1. Financial ability.-' of accused lu give ball;
2. Nature and circumstances of offense,
1. Due process;
3. Penalty for offense charged;
2. Be presumed Innocent;
z. Character andreputation of accused;
3. Be heard bi' himself and Counsel;
3. Age and health of the accused ;
4. Be informed of the nature and cause of the
4. Weight of evidence against hint;
Accusation against him;
5. Prohahllity of the accused appearing in trial,
5. A Speedy, irnpactlal and pul:IL1-c trial;
15. Forfeiture of other h-onds;
6. Meet the witnesses face to face;
',;". The fact that accused was a fugitive from 1ustice
T. I-Ia1.re compulsory process III secure the
when arrested, and
attendance of wlmesses and production of
8. PendeJ1c§.I' of other cases in which the accused is
evidence on his beha]f;
under hond
8. Agalnst double ieopa rely; and
'!El'. BaiL
Bail as a matter of right vs. when bail is
_.ll:IMIIJMllIlHurfll'd=w_ MWWMMW
PDLITICAL LAW
violated when tltene is a logical connection between

1. or.Foo18 con1.-'jl:tiL:u1 LAFTER l:l:uwIcT.il:l»n ul the fact proved and the ultimate fact presumed. When
by the MTE, MTBE or 812 MTE, MTC-E nr such prima facie eiddenee is unexplained or not
MCTIE; and mere contradicted by the accused, the conlnctlon founded
Z. Before conviction b:.* 2.The 1:ll"Tense is NDT on such e1.-'ldence will be 1.-'alid. However, the
the RTE punishable by dealj:1, prosecution must steel] prove the guilt of the accused
3. The offense must reclusion perpema at beyond reasonable doubt The existence o f a
NOT be ponlshablo life imprisonment disputable presumptl-on does not preclude the
by death, reclusion f5'er:'N4:rns 4 and E Rule presentation of contrary evidence.
port:letua, or life 114- of the Rules as'
ln1pr19onment E'nu.rt} I-Iere, petitioner fails to show that a logical relation
between Me la-ct proved-presence of a person
The application for bail during the hazing-and the ultimate fact pneaumed-
may be acted upon Br their partlei]J.a1:lon in the hazing as 3 prlneipal-is
the trial court despite la-ckjng. Helther has it been shown how Section 14 of
Ilia tiling of a notice of the And-Hazing Law does away with the requirement
appeal that the phosecutlon must pave the partloipatlon of
the aeeuaed in the hazing beyond reasonable doubt
l'i~D'l'E: As long as the [Fuentes l.-'s..S'enote, 6.8. No. 208162, January 8?. 2:12081
original recon has not
her been transmitted to _l=lfrlElil¢l=1=IEI:Mrll_
the appellate eoLu't.
The right to counsel proceeds from Me fundamental
Bail 'shall ht dP1'U~Pr1 Ilpnn 91\nwiurwf the [nllnwi1'l£ principle of due process which basically means that a
-'II 'Aimil==Ilr rir-"\1r|1=ira11-"p'4- IN-F-F-P-F-IN person must be heard before being condemned. The
due process requirement is part of a person's basic
1. The penalty imposed by the trial court is rights, it is not a mere formality that may be
impirlsonment exceeding e yea is dispensed wid'L or performed perfunctorily. (People vs
z. He is a Reddivlst, quasi-reeidivist ar habitual] Ferrer, 406 snvza 653, 2oos}
dellnquem at has committed a Mme aggravated
l2-1.f TEilIE'l'3Ii.DTl If he l::l:*Ts in be silent where he has a right to speak, he
3. He has Escaped from confinement, e1.-'aded cannot aler be heard to complain that he was unduly
sentence at Wolated the conditions of his bail slleneed. {5Lmn.gl1l:JId Ins. Cn. vs. Court ej'.4ppeuJ's. ER.
without 1.ra]id just Fleatlon ND. 89828, Ml:1_1." 5. /9521
4. He committed the offense while under Probation,
pan:-le or co nditlonal pardon .41~1r.~..man :Il1llhlI15+.1=1_
5. The elrcu mstanoes of the case Indicate the
prol:labllit'j,-' of FIight if released on bail The right to counsel is absolute and may be invoked at
IS. There 13 endue risk that he may commit another all times. In an ongoing litigation, it is a right that
Mme during the pendency of the appeaL must be efxe]'e'is»ed at every step of the way, witJ:\ the
lawyer faithfully keeping his client company. Unless
-!iil*1!l'5li1{'l5f'Ti{lIl'l*=hHl=§ the accused is rejpoesented Br.' a lawyer, there is great
danger d'Lat any defense presented in his behalf will
Every circumstance favoring the innocence of die he inadequate considering the legal penqulsites and
accused must be taken into account The prof agalnsl skills needed in the -court proceedings. This would
him must survhre the left of reason, the strongest certainly be a denial of due process. flnucoy its People,
suspicion must not be permitted to sway judgment o n No 223506. November be 2816]
[People vs A.ustrN:r. ER. No. 55/09..4,pr1!i8. 195/]
When 4 -:l-rfvnrlant app-rari without attnmp1»L'- tt1p
However, after cnnirictlon by the trial -court, the muumuu;
presumption of innocence terminates and,
accordingly, the constitutional right to hai] ends. 1. Inform the defendant that it is his right to have
.lfLe1=i8.'te in: Court of appeois, 615 scan 658 [281 EU, -and 3l:l:D]']l'E.'!,I',
reitero t-cd in Qui 1.-'s People 682 SERF 94 [20121] z. Ask him lethe desires the aid of an attorney;
3. Assign an attorney de dildo, if he desires and is
unable to employ attorney; and
Q: Suction 14 l paragraph 4 -of tile Anti-Easing law
4. Grant him a beasrnnataie time, 1r he desires to
provides that an accused's presence during a
procure an atnurney of his lII'W'lfL [Transite vs.
hazing is prima facie evidence of his o r h e r
Hedalqa, as. Na. L-2899, March 22, 1958]
participation. Does this pmvisien '.relate Lhe
cunsiituiinnaj presumption efinneeence*
!|:|.II=l||J||=
A: no. This Dnurt has uphelci 818 mn51:itut1anal1t5f al?

disputable presuml:l1:Ians in 1:rlmilLa] laws. The An accused cannot he l:nlwil:'tnd in the courts of any
cnnstlludana] presumption of lniiocence is nut slfense, unless it is charged in the complaint nr

lx. ElLL DF RIGHTS
inforinatlon an which hr: is tried, DI' necessarily
included therein. He has die right to be informed as to
the nature of the offense with which he is charged The holding of trial in absentia is authorized under
beione he is put on trial, and to convict him of an Section 14 [2], Article Fu or the 198:-7 Constitution
offense higher than that charged in tl'Le complaint or which provides that 'after arraignment, trial may
information on which he is tried would be an proceed notwithstanding tlhe absence of the accused
unauthorized denial of that right. {Edncemn vs People, provided that he has been duly noticed and his Failure
cu;- No. 2|5|6442,J*u{.1.* I, 2015.i' to appear is unjust1flab]e."
Purposes Rpqui'-zitti of a *fall-'l Trial in »\h'=apntia
1. To furnish the accused with such a desai p-den of 1. The aeeuoed has alreadjr been arraigned;
the charge against him as will enable to make his 2. He has du]],r been notified of the trial;
defense; 3. His fallune to appear is unJustiEal:lle l"Herl»1o.pd'o pa
2. To avail himself of his mmricticn or acquittal fer People, ER. Ho. 1665881 April 4, 2£:r0:=,=
protection against a further pmsecutinn fur die
same cause; and l I | I Ir 11
3. Tc: inform the be-urt of the Eacls alleged, in that it

may decide whether they are suMcient in ]aw to Right m speed? dispnsitiun of cases
support a cnnvicticui, if DII.E should be had [LET vs
Karefsen, as Na. 1396, fununrj" 21, 1904] This is a right that is ahrallalale m all [persons in all
kinds of pro-oeedlngs, whether l:rlmlnaL civil, or
administrative, unlike the right to speedjr trial which
is avallahle only to an accused in a criminal case and
tl'Leuefore. only the accused may Invoke such.
See dlscu ssfun on Right m Speech Dfspnsirfnn arrases
The right to speedy disposition of cases is different
_=Ii*1*1{lii'h*I{l14"il\*aW"18- Iirem the right to speedy trial in Me extent Mat the
former applies to all eases, whether iudieiaL quasi-
Purnn1p'inf mnfrnnlalinn Judl|:1a]. Ur administrative eases. I/98? Constitution,
AM. fJ'.t, Sec. 1-6j", whereas, the ]after applies to erlmj na]
1. To SEl1ll'E' the apparmnlty of erase-exarnlnatlan; eases only. ,al se? £'unstit1:nsn, .in; Fu, See /4211
that has bee11 repeatedly pointed out in judleia]
aplnlan, an that if Me uppartunity of cross- 'Jinlatinn
examination has been secured the E'LmetlarL and
lest af-eanE1'antatian has also been anemnpliahed, The right to a speedy disposition of a case, like die
the eanfrantatinn being merely the dramatize right to a speedy trial, is deemed violated only when
preliminary to crass-exarnlnatian, and the proceedings 3 l'*E attended by vexatious, r:apd1:io1.Ls,
2. So Lhat the tribunal may have l:l-efane II the and oppressive delays; or when unjustified
department and appearance of 'Llle witnesses postponements of the trial are asked for and secured;
while testifying, or even without cause or itlstiNable modve, a long
period of time is allowed to elapse without the party
HUTE: But the latter purpose is so much 3 ha1.riJ1.g his ease tried. [Roouero v. Chancellor of UF-
subordinate and incidental one of that no vital Manila, so No. 181851, Homan 9, 201 HE
importance is attacked to II; consequential.-', If lt cannot
be had it is dispensed with, provided that chief In determining whether the aeleused has been
purpose, cross-exanllnatlon. has been attnlned. deprived of his right In a speedy dlspdsiddn of the
Mreenjeod on Evidence, Vol. F, par. lEE] case and to a speedy trial, four factors must be
ennsldered: [a] length of delay; [b] the :reason far the
-'K»fll.5u ill l~'flI=*llHil*H=l~* delay; [e] the defendant's assertion of his right; and
[d] F'Teiudl-l:e to the defendant {Angehm Magna vs
While the prosecution mud prmrlde the accused every Ped-p.l*e PMH,ppun8. ER Na. 2.3'l5ll55?, Manzh 14, 20/8]
opportunity' to take the deposition of witnesses that
are material to his defense in o-oder to avnld charges Q: Luz Mmeda, Schools Division Superintendent of
of 1.rlo]atiJlg Me right of the accused to compu]s)orl.r the [:IeliEd, was being charged of violation Ni FLA.
process, the Stale itself must resort to deposition- 3019. However, die preiintinary investigation
taking sparingly if it is to guard against accusations of proceedings mek mane than 11 long years to
triolating the right of die accused to meet the resolve due to Me repeated ind-orsernent of Me
witnesses against him face to face. Eneat care must be case between the ofm-e of the Dnthudsman
observed in the to]-dng and use of deposlt:lons of [i]mhudsman',ll and the Dflice of the Special
prosecution witnesses to the end that no conviction of Prosecutor [DSP]. lr is attributed to Ute
an accused wi]l rely on ex pal'te affidavits and Dlnl:ludsrnan's failure to realize Mat Ajmeda was
deposition. [So vs People as No. 1355214 My 18, not under the jurisdiction of tile DSP or
201 Pi' the Sondigonboynn. Alnteda then prays for the
dismissal Ni the ease against her, claiming that
PDLITICAL LAW
there was a violation nfhcr right to speedy trial. is Me Sandiganbayan fer violation of Section 3 [et of
she correct! RA. Na. 31119 and Mahlersatinn of Public Funds
through Falsiiitaljnn of Puhlie Dnmmenls against
A: YES. The right Includes within i13 eontemplatlon him. Hn Iiled a Motion to Quasl1,»'Disn1i5s in the
the periods before, during and after trial, such as ground Mat there was inordinate delay of seven
preliminary investigations and fact-finding [7] years in the Filings al' the infarnlatians whidi
in1.rest:lgations eondueted by due l:]lTll:e -of the violated his euostitutinnal rights to dun pm-cess
I:]ml:l1.Ldsn1an. Further, this right applies to all cases and to speedy dispnfsiti-nn of cases. Did the
pending before all iudidaL quasi-1ILLdlelal or Sandiganbajrao commit grave abuse at discretion
altlnlinlstra1:ive hodles and not limited to the accused in the: g;mun1:l of inordinate delay in deoyiog
in criminal proceedings but extends to all parties in all pel:il:iuner'5 1'-'lnljun to Quash Dismiss?
eases, be lt civil or administrative in nature. [Mme do I-".
E»l,If]E'r:e of the Umhudsmnn l"!¢findnnaoj'. 6.8. No. 204262 A; HG. Under Article III, 5'»ect:lon 15 of die 1913?
July 25. 2016] [Lonstioutlon, 'all persons shall have the right to a
speedy disposition of their eases before all judicial,
Q: Roman and several others were charged with a quasi-iudiclaL or admin lstratlve bodies. Inordinate
violation of the Anti-Graft and Corrupt Practices delay in the resolution and termination o f a
Act for wrongllully claiming that a mini-theater preliminary investigation will result in the dlsmlssa]
construction was already finished. Roman filed of the case against Me aroused. Courts should
several extensions m l'Lle his counter-affidavit and appraise a reasonable period from the point of view of
asked fer the consolidation of the ease with how much 1:in1e a competent and independent public
another complaint later in, Roman Filed a oflioer would need in re.la'tl-on to the coniplexlty of a
motion to quash the iniermatien claiming Mat his given ease. Nonetheless, the accused must invoke his
right to speedy disposition of eases was violated or her oonstltutional rights in a timely manner. The
as 11 years already lapsed since the filing of the failure to do so could he considered Br the courts as a
complaint before the Clmhudsman. The Republic waiver of right Despite the pendency of the case slnoe
claims ma: they followed the procedures of the 2oo3, Eagang only invoked his right to speedy
law and that the presence of several of accused dlsposltlon of cases when the informations were filed
made it difficult to resolve the case. will Rnnlall's on November 17, 2011. Admittedly, while there was
motion to q uaslt prosper? delay in Hllng the lnformatl-on, Cagang did not show
that he asserted his right during thls period,
A: Tm. Citing the case of Corpus UE. 5andig,anbaj.ran, choosing instead to wait until the information was
the Court 1'uled that the right to speedy disposition of filed against him wlth the Sandiganbayan. {£'es-or
cases is violated only when there is inordinate delay. Moms Eogong v. Sondignnboynn, ER Nos. 296438
The Republic showed that it followed tile procedure ond296453, for' 31, 2o1n ospenned by ,l'. LEUNEN}
leading to the resolution o f t h e preliminar],r
investigation. When the Complaint was Nled before fright to puhlir' Fria l
the Urnbudsman, lt required the counter-aflldavlis of
nespondems. It even granted tile motions for ER:
extension tiled by Roman. Despite this, Roman did not
allege anger irregularltv in the conduct of' the 1. Trial must be public in order lc prevent pnssclble
preliminary investigation and approval of the abuses which may be committed against the
Resolution Further the Republic explained that the accused; and
multiple respondents and numerous documents 2. The attendance at the trial is open to all,
involved made the case Jnore complex and djflicl.llt to irrespective uf111elr relative nshlp to the accused.
resolve. The investigating officer needed to evaluate
whether each accused impleaded is prohabl1.r guiltj,r of MPH: IE the evidence to be adduced is 'offensive to
the diarges. decency at public marais," the public may be
excluded. (Ser. 21, Rule 119 no' the Euler no Criminal'
In addltinn, Raman cn-ntr1bII.Lted to the delay as he Pmi:e.n'r.rre}
mored fur an extension to file his r.'luunler-al'I'ida1.rjt
twice and Filed aimther ml::t:l11n to mnsalldate the case Puhlic trial in not 'i1e"Il"tn'l¢'111»:Hl'i with puhlicilp-1
with anther caniplaint. {R£p[.rb.!'ic vs. l1'i3l
Sundignnbaynn and Human, 8.9. Na 231144,
Fl!bn.'ur_v IN, 2020, as Penn-cd by _L LEUNEHJ The right to a public trial belongs to Me accused. The
requlnernent of a public trial is satisfied by the
Q: Cesar E4-'Iatas Cagjang, provincial treasurer of opp or ttlnitgr of the members of the public and the
Sarangaoi was 'UIIE of Me gcwemm-ent ol'EeiaJs press to attend the trial and lb report what they have
alleged of graft and corruption by embezzling observed. The accused's right m a public trial should
millions in public funds. Un August 11, IDD-1, in:
net be confused with the Freedom of the press and die
Eiffiee of Me Dmbudsman found probable cause to
publics right to know as a Justification for allowing
charge him of Halversation of Public Funds the live broadcast of t:he tl'ial. The tendency of a high
through Falsilicalion et Public Documenls and profile case like the s1.lblect case to generate undue
'lfiolaiion of Section 3 -[e] of REL No. 3019. Un
p41blicitg.r with iTs concomitant undesirable eEfec\l3
Never her 17, 2011 die Gmbudsman filed a case alt
weighs hea1.ril1.r against broadcasting the trial.
139
lx. ElLL DF RIGHTS
Moreover, the fact that the accused has legal remedies NDTE: The power m Ne-impose the death penalty for
after d'Le fact is of no moment, since the damage has eermin heinous crimes is vested in the Eengness, not
been done and Iraq be irreparable. It must be pointed in the President. After a]L the power to define crimes
out Lhat the fundamental right to due process of the and imp-use penalties is legislative in nature.
accused cannot be afforded after the fact but must be
protected at the first instance. [In Re: Petition Jl'br Q: Pnljljnner claims that the Anti-Hazing Law
Radio and Televhnfon Coverage of the Muftfpie Murder imp-uses cruel and unusual puoishmenlrz un thcrsn
Cases against *fee ulndonoo Governor ZoJ'o'.}rAmp-crtuan, -charged under it, as Ulf -aflerlslr is punishable
AM. No. re-I1-5-so Gctober 2.12m21 with ri:-L'l':.L*:i0n perpetual, a nan-bailabln aflensn.
A: NG. Settled is the rule that a punishment

authorized by statute is not cruel, degrading or
disproportionate m the nature of the offense unless it
The prnhibltinn of clue] and unusual punishments is is flagrant:lyr and plainly oppressive and wholly
generally aimed at the farm DT -character of the disproportionate to the naoute of' the offense as to
punishment rather than its severity in respect of shock the moral sense of the eommunltjr. It takes
duration DI' amount, and applies to punishments more than merely being harsh, excessive, out of
which public sentiment has regarded as cl'ue] DI' proportion or severe for a penalty to he obnoxious to
clhsn]ete. for instance, these lntlIlcted at the whipping the Constitution. Based on this principle, the Court has
post, Ur in the piilarjf, burning at the stake, breaking oonslste ntljl.f overruled contentions of the defense that
un Use whee]. disemhciweling, and the like. Fine and the penalty of fine or imprisonment authorized by the
irnprisnnnlent would nut thus be within the sxatute involved is cruel and degrading.
pruhlbiticin. It takes mere than merely being harsh,
excessive, out of proportion, or severe far a penalty to The intent of the Anti-Hazlng law is to deter me nibers
be uhnmdcius to the -En nstitutlcln. of a fraternity, sorority, organization, or association
from making hazing a requirement far alrintisslon. By
111 line with this. this Court has found that the penalty making the conduct of initiation rites that cause
of life imp rlsdnment or redusj-nn perpetual does nut phyrslcal and psychological harm muium
'nrlelale the pmhibllinn. Even the death penalty in imelda proJ'JfiJitum. the law reiecLs the defense that one's
was nut considered -cruel, degrading, DT inhuman desire to belong to a group gives that group the
license to lnjul'e. or even cause the person's death.
Nonetheless, this Court has found that penalt:les like
fines or imprisonment may be erueI. degrading, or
inhuman when they are "flagrant11.r and plainly MlIITED'l.l!'E1', the law was meant [D counteract the
oppressive and wholljr disproportionate to the nature exculpatory impllcatinns -of "consent" and " initial
of the offense as to shock the moral sense of the lnnneent act" in the mnduct of inltiatitln rites by
eon1mLLnlty." However, IF the severe penalty has a making the mere act of hazing punishable urmala
legitimate purpose, then the punishment is pmhfbita.
proportionate and the prohibition is not
violated. [WERE vs Senate, ER. No. 288162, Jon trot? Petitioner here falls to show how the penalties
is 2028] imposed under the Anti Hazlng law would be -crueL
degrading, at inhuman punishment, when they are
T!l'l]'1'E: The factual the punishment authorized by the similar to those imposed far the same offenses under
statute is severe does nut make lt true] and unusual. the Revised Pena] Code, albeit a degree higher. To
{Enrpuz v. People, ER Na. /30014 Ap-.rlJ' 29, 28141 emphasize, the Nnti-I-lazing law aims to prevent
organizations from mazing hazing a requirement for
Mere efxntlngulshment of life alone dues not constitute admission. The increased penalties imposed on those
cruel, degrading, inh1.Lm.an punislunenl. To be such, II who participate in hazing is the county's response to
must involve pmlanged agony and suffering; it nefcrs a reprehensible phenomenon that persists in schools
more to the nature of the punishment to be Inflicted and institutions. The Anti-I-Iazing law seeks to punish
upon a convict, that. which is shocking In due the conspiracy of silence and secrecy, tantamount to
clunsclence of mankind under cuntelnpucary itaipu nits, that would otherwise shroud the crimes
stnndanis. [Len FcNegarny u. Secretuagr ofjusrfce, ER. -committed. [Fuentes vs. Senate no No. 20ar62,
Ne. 132601, Dauber 12, 19933 fonuorj-' or, 2028]
Euro ahmummumi lh1 ,H I. *I I
A penalty is cruel and inhuman fit involves tnrlune DI' Basis

lingering suffering [e..;IL being drawn and quarlenedj.
Nu person shall be lnlp1'1s)nne:l fur debt Ur nun-
l1rr11'adiI111 vpn=l11' payrmcnt of a pol] lax. [1987 IC.'unstitunnn, Sen 28, At;
JH; [1993I 1991, EDDD, IDD! BAR]
A penalty is degrading 1r it exposes a person to public
humiliation [e.,l.;II. being tarred and feathered, then DEIII
paraded throughput tawnl.
PDLITICAL LAW
It is any civil obligation arising from contract. 1. A first Jeopardy must have attached prior to the
second,
Enlllilx 2. The first Jeopardy must have been validly
terminated; and
A specific sum levied upon any person belunglng to a 3. The second jeopardy must be for Me same
certain class wllhn ut regard to pm party DT nelcupatj on offense DT the second offense includes or is
[et community taxi. necessarily included in the offense changed in
the first information or is an attempt to commit
NDTE: A tax is nut a debt son-ce II is an ab]ig,a1:lan the same or is a frustration thereoli
arising from law. I-Ience, 113 non-pa.1rn1e11t n1a,1,-'be
1.ra]ldl],r punished with lmprisnnmenL Only pull tax is Ealislllali
covered bar the mnstituti-nnal prcnrision.
To reconsider a judgment of acquittal places the
IE an accused fails to pay Me tines imposed upon him. accused twice in Jeopardy far Ioelng punished for the
this may result in his s1.Lbsidiar..=,r imprisonment crime of which he has already been absolved. There is
because his liahllity is ex deiicro and not ex controchr. reason fer this provision of the Elonstinrtion. In
Generally, a debtor cannot be imprisoned for failure criminal cases, the ful] power of the Stale is ranged
to pay his debt However, if he contracted his debt against the accused If there is no limit to atternpT3 ld
through fraud, he can be 1.l'aIidl].r punished in a prosecute the accused for the same offense after he
criminal action as his responslhility arls»es not from has been acquitted, the infinite power and eapac'ltgr of
die contract of loan hut from commission of a al me. the State for a sustained and repeated litigation would
[Lozrmo v. il-l'ol»1'ine2, on No. L-63419, December 18. e1.rentually overwhelm the accused in t e r m s o f
1986] resources, stamina, and the wil] to tight. [Lejon-o in.
People, ER Noe I?6389 cmd .'l'?68'6-4, .lonuorj-' /8.
2811]
Na person shall be twl-ee put in ienpar\dg,r Ni Related pmnectlnns prnvidnd be Me right against
punishment for the same offense. Iran act is punished dnuhhdrnmnux
by a law and an ardlnanee, ennurletjan or aelq1.dtta]
under either shall ennstllute a bar m anu1;heJ'
1. Against a second pJ'l::sel:LLtll:ln for the same
P]'lII§El'l.l[ilII]1 am' the same EEL
[I [Tense after aequlttal;
2. Against a second p1'nser:LLtlnn for the same
Two kindi-:1frmulllp ifm.ar"lu
offense after ee»1111'it'1:la-n, and
3. Against multiple punishments Eur the same
1. Double jeupavdjr for Me same offense; [ F
sentence, Sec. 21 a,FArL J'.I1I'_J; and offense.
2. Double ienpardlr Eur the same an: {.8'»-=l's4?ntem:e,
.Sen 21 nf.4.rL HU; l"PeapJ'e 'L-'_ Qu§ndu.259 55114 -'Hli-I|ll1i1I'IM*Ii'I|l!1={|11=1"MW-
15/. JW 24, 15551
l I a~=l-liwll=z-I-*--tai-I=l-8l!14l1[=I-Iaiizi-ui
Exrppti=au'4 re Ihr- right a4=,ain9I drruhlp ivnpardv:
1. When the trial hurt acted with grave abuse of

Legg] leap-arldv attaches 0nl1l." upon: disctietl-nn aml::1.1n1:ing to lack DT excess of
Jurisdiction; {B'mlgayl:m, Jr. v. Bungayun, so. Nu-_
[EGG-FI-A-P-A,WEE] IFEFTF; and De Asks Del fir v. 8arlgayan, 6.8. No.
IF2 F92, [llctaher 19, 30111
1. Valid complaint or information, z. The accused was nut acquitted our was there a
z. Filed before a competent court; valid and legal dismissal Ur termination of the
3. The arraign rent of the accused ; ease,
3. Dismissal of the ease was during the preliminary
4. To which he had pleaded; and
investigation;
5. Defendant was pneviousiy acwqndtted or comrlcted, 4. It dues nut apply to adnlinistr'at:I1.fe cases; and
or the case dismissed or otherwise terminated 5. Dismissal or termination of the case was with the
with-out his express consent f5oidnn-eglo in. express consent of the aecusetL
Fm1g ani1Jon. GR. Nos 211933 .e 211960, .corn 15.
26151 HGTE: 'll'l.I'hen the dismissal is made at T.T'LIE
instance 0E the accused, diere is on double
NDTE: Consent of the accused to the dismissal eanndt lenpardy. [People v. Quljndn, 160 ECRA 514 fu{.v
be implied or presumed; it must be expressed as In 24.19915j
have nu doubt as to the al:eLLsed's ednfdrmltgr. (Cues nr.
GR: Double 1enpar*dj.r is not available when the
m s I?95'C:R.l1 54, Na-uember 6. 1989]
ease is dismissed 1Jrl11er than un the merlin DI'
Ta substantiate a claim of double ienpavdy, the other than by aequlttal Ur l:ll:ln1.rl1.'1:1l::In l.Lp4:ln mutlcm
following must be pmmren: of the accused personally, or through et-unsel.
slnee such dismissal is 1'el8arded as wiLl'L express

lx. ElLL DF RIGHTS
consent of the accused, who is l:.het*efclre deemed merely a means to dammit other erlmes such that
to have waived the right to plea daILLb]e ienpardy. ennvletinn nr acquittal of such quasi-afiense bars
subsequent pmsecudan far the same quwsl-offense,
IPNS: regardless -l:1fi13 varlaILI.s resulting a-els
3. Dismjssall based cm 1nsILLfEde11r:y nfeWden&; Reason and precedent bath eolneide in that once
Hialddriegu '|."_ Pun.g'crmlhdn. ER. Hui 21/933 odn1.rll:ted DI' acquitted of a specific act of reckless
8211964 Aplr'H Ii 2015] lmprudenoe, the aoeused may not be prosecuted again
h. Dismissal because of denial of aoeused's Em' that same all. For the ES§E]ICE' of the qrr.rmf-offense
right to speedy trial; and freed.; of criminal negligence Linder' Art 365 of t:he Revised
c. Accused is discharged to be a Slate urimesi Pena] Eode iles in the execution of an lmprILLdent DT
negligent act that, if intentionally done, would he
6. When the case was prnmdslnnalljf dismissed; punishable as a felon],r.
jr. The gravel' offense developed due to superuenlng
facts arising from the same all or nmlssiml The law penalizes thus the negligent nr careless art,
mnstitutin8 due former charge; not the vesull Lhevenf. The gravity of the eunsequenoe
is einly taken into aeleeunt to determine the penalty, it
NDTE: [:loclJ'ine of Supenrening Event - The does nut qualify the substance of the nffenee.
accused may steel] be prosecuted for another
offense if 3 subsequent de'ueIojpn1ellt changes the And, as the careless acl is single, whether the
character of the first indictment under which he lniurious result should affect :me person or several
may have already been charged or -convicted. persons, the offense {crimlna] negligence] remains
one and the same, and cannot be split into different
8. The facts co nstibutlng the graver charge became crimes and l:+rosecut:lo ns. [Jfoison jeffery Agua]-0'r u. Hon.
known or were djscot-'ered only after a plea was Modesto-Son Pedro, GR No I?2F'I6, N-ouemOer 11
entered in the farmer complaintor information; 2810]
9. The plea of guilty to 3 lesser offense was made
without the consent of the prosecutor and of the A valid infirrmatinn in rprl\lirrd in nrdtr Inr Igor*
offended party except 33 otherwise ptlo1.rldet1 in first len hardy re all-ch
Sec IU] o{Rutc 1/6.
When accused policemen entered their pleas of not
Q: Hans, a writer in q ll-'[aga.aine, published an guilty, and later arraigned anew by reason of
article about ['.Carlo's illicit affairs with other amendment of information, and consequential,-'
women. The magazine also happened to have a convicted, they were not placed in double jeopardy.
website where the same article was published. The First requirement for 1eopardy to attach - that the
Carlo then filed a libel ease against Hans both info1'JnatioJ1 was valid - has not been comp]ied with.
under U1-e Revised Pena] Co-de and the Cybercrime l"h'errerl:1 P. Eoncf onhayorg on Has. 115660-61,
Law. Is there a violation of the pnosrriptioo Fehmorjr /3, 2EJ'l':19j
against double ieopandy?
NUTE: When the First ease was dismissed due m
A.: YES. There should be no question that if die insufiielenq,-' of evidence without giving the
published material cm print, said to be libelous, is l2Il"D§EC'l.l'IIlDT'l the elpp-artunitlr to present 1T3 evidence,
again posted online Ur 1.rlr:e versa, that identical ieupardy has nut yet att.:-ldled. [People v. Dum{l:m. ER.
material cannot be Me subiert of two separate libels Hg. 1635/3, Munch 3, 2009]
The Mo offenses, one, a violation of Art; 353 of the
Re1.rlsed Penal Code and the other a violatzlon of See Q: After a long and protl'acted trial, Me accused
4[r][4] of RA. 1811-'E 1n1.l'ol1.re essentlallyr the same involved in the murder of then Senator Aquino
element and are in fart one and the same offense. were acquitted by Me Sandiganbayan. After tlte
Dnline libel under Sec. 4[elJ[-1] is not a new crime but EDSA. People Power Revolution, a commission
is one already punished under the Art. 353. See. appointed his President Aquino recommended the
4[e][4] merely establishes the computer system as re-opening of the Galman-Aquino murder ease
another means of publication. Charging the offender after Iinding out that the then authoritarian
under both laws would be a blatant violation of the president Marcos ordered the Tanodbajran and
prose1'ipt:lon against double jeopa.1'dy. [o f- n n j e Sandiganabyan to rig the trial. Marcos repudiated
Secretory of Justice, 6.8. Ho. aosssi Feéartrory II, the Endings of tile very I-'act Finding Board Mat he
2Fu4j llinlselt` appointed to investigate the assassination
of Ninon' Aquino; ne totaler disregarded Me
Q: ]et was eenviened fur Reckless [mprudenee Board's maioritjr and minority findings of Eact and
Resulting in Slight Physical Injuries. Can he still be publicly insisted that Me lnilitarg-*s "fall guy'
prufseeuned our Reckless Imprudence Resulting in Rolando Gaiman was tlle killer of Ninon Aquino;
I-lamieide and Damage to Property arising from tlte SandigjanhayanS decision in effect convicted
the same incident! Rolando Gaiman as Hinoy's assassin
notwithstanding that he was not on trial but tlte
A: ND. The doctrine that reckless imprudence under victim, and granted all 26 accused total absolution
Arr. 365 is a single quasi-offense by itself and not notwithstanding the Fact Finding Board declaring
PDLITICAL LAW
the soldiers' vnrsicm of Eal ran being A.quinn's 1. Punishment Eur a crime Eur which Me party has
killer El p-erjured story. Will the rule DII dauhle been duly camricted,
jeopardy apply? 2. Persena] military or c'l'I.rlI service in the Interest
of Nada nal defense;
A; run. There was no double jeopardy. It is a settler! 3. In naval enlistment, a person who enllsu in a
doctrine that double ieopardyr cannot be invoked merchant ship may be can-mpelled la remain in
against this III:o'LLrt's setting aside of the trial courts' service until the end of a vugrage;
Judgment of dismissal or acquittal where the 4. Page cnmitams -nr the cnrlscripti-nn cif able-
prosecution which nepclesents the so1.-'erelgn people in bodied men Em' the apprehenslcnn of criminals;
criminal cases is denied due pmcessThe proceedings 5. RehLrn to work order issued b:,' the DDLE
that took place before was a sham and a mock tl'ia] Secretary on' the Presldenl;
which resulted in the denial ofiiie State's right to due E. Minn-rs under patria pacestas are nbllged to obey
process. (Salmon v. Sondigonboyan, on No. F25?o. their pave ms.
September 1'2l 1986]
E lTpft of nr-'lplr of a mutt wh1-l1 lark'iiullri'441ifl'i in
Since the MTC did not have Iurisdicddn to take An ex pus: facts ]aw is any law that makes an aIL'tlan,
cngntzanee of the case pending this Enurt's review of dune befene the passage of the law, and which was
the RTE Drder, is order of dismissal was a Iota] innocent when done, erlnrdnal. and punishes such
nullity and did net produce any legal effect; Thus, the aetlnn. Ex post laws, unless they are favorable to the
dismissal neither terminated the action un the merits, defe ndanl, are prnhi filled. {Unfmd5mte v. 1-9-:ante Diaz
our El.lf\'!lII unfed to an acq uittai. Ennde and »1pm'inaraa R. De Funds, ER Na. L-18208,
Febmnrj' 14. 1922] [1990 BAR]
The same can be said of the Cinder of Revlval. Einee
beth elders cannot be the snuree of any right nut' l{in='l'i=1f¢=* ;w'H=t.1'5'l=*f-= [A 'a
create any obligation, the dismissal and the
suheequent velnstalement -nfiriminal Ease Nu. El9?z4 It can ben law that
did nut eEfeetivelj,f place d7L pelitjaners in double
Jeapardyr. MuinmMn e People, ER. Nu. 1352652 1. Makes an act, which was innocent when done,
September 1.7, 2014] criminal and punishes such action;
2. Aggravates a crime or makes lt greater than
The* *1*1*p=1! of an =H'rulrd ~'mpr=\t¢"€ M =I waiver of when it was cum mitted;
h1~1 1~i=t.1u a¢f,=il1'it [1n-I1 h1r ip¢1na1"dlt 3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
When an accused appeals from t:he sentence of the when it was com mitted;
trial court, he waives the constitutional safeguard 4. Alters the legal rules of evidence and necelves
against double jeopardy and throws the whole case less oc different test:lmon§f than the ]aw required
open to the review of the appellate court, which is at the time of the commission of the offense in
tben called upon to render such iudginent as law and order to convict the defendant;
justice dictate, whether favorable or unfavorable to 5. Assumes to regulate Ci1.riI rights and remedies
the appe]]anL" In other words, when appellant only. In effect imposes penalty or deprivation of a
appealed the RTIII:'s iudginent of conviction for right for something which when done was lawful;
murder, he is deemed to have abandoned his right to or
invoke the prohibition on double jeopardy since it 6. Deprlifes a person accused of a crime of some
became the duty of the appellate court to correct lawful protection to which he has become
errors as may be found in the appealed 11.ldgrnenL entitled, such as the protection of a forincr
Thus, appellant could not have been placed twice in oonWction or acquittal, or a proclamation of
jeopardy when the CA modified the ruling of the RTE amnesty. {Nu.rlez v. Sandlgonhoyan and People,
Br finding hlrn guilty of robbery with homicide as of Nos t.-59531-5061?-E jonuorjv 30, 1982]
charged in the Information instead of murder. [People
u. Torres, ER No. rasesn September 22, 2814] Fh=lr=\-"*pri'i1'i ~p"=a-'II p* plant {440 l=\'a:
I f I I l'l The -ex pastjirrcta law must: [E-R-P]
lnvnluntanf 'iplr'vitllrlp 1. Refer to criminal matters,

E- Be Letruacttve in jE appli catlnn; and
It is Me l:l:mdll:ll:m where one is compelled Ba# fume,
3- Be to the pJ'L\iudlL'e 1:l1E the accused.
enereinn, nr imprisonment, and against his will, m
labor far another, whether he is paid DT our.
Q: Cln GEL 8, 1992 President Ramos issued .up Her.
13 creating rJle Presidential Adl-[ue Fact-Finding
ER: Nu involuntary servitude shall exist [1993 BAR]
XPHS: [P-S-E-C-D-III] Enmmittee DD Behest Loans. The Committee was
tasked to inventory all behest loans and

x. LAW DH PUBLIC DFFICERS
determine the courses of action that He: Not being penal laws, Administrative Glider Ha. 13
government should take m recover these loans. and Memorandum Drder Ho. 61 cannot be
characterized as ex past Fauna laws There is,
Br Memorandum Drder Ho. B1 dated Nov. 9, 1992, therefore, no basis for the Dmbudsman to rule that
the lilnclzions of the Committee were expanded to the s'LLI:lject administrative and melnarandunl m*ders
include all too-performing leans which shall are ex pest facto. [Salvador v. Maps, j'r'_,G.R. Na
erobraee behest and nom-behest leans. Said 135080, NnuemiJer2B. 2003
Memorandum also named criteria to he utilized as
a frame ofreferenee in determining a behest loan. Bill of attai.ndcr
Several loan accounts were referred m M e A bill of attainder is ge11era]l]lr understand as a

Committee for investigation, in-cluding Ute loan legislative act which 1 nflid3 punishment i n
transactions between PEHI and the DBF. lndimriduals 'DT members of a partI1:u]ar goop wiLhaut
a iudiL'la.l t'1'1a].
Consequently, Atl].r. Salvador, Consultant of du:
Far:t-Finding Committee, and reprtsonNng du:
PCGS, filed wilji the Drnbudsman a s w o r n A bill of attainder encraaehes fin the enurls' power m
complaint for violation of Sections 3[e] and [g] of determine the guilt at innacenee of the as-:used and to
R.A. No. 3019 against the resp-ond-onli; Mapa, lr. et. lmpelse Me Qarrespnndlng penalty, vlalaling the
aJ. The finibudsnian dismissed the complaint on dl::le1:l'1ne of separation of PlII'W"E]'S. (Puerto: VS. Senate,
the ground of prl:sl.'ription. as Nu. 288162, Jun Lrnry DF, 2820]
According to Me Dmhudsman, the loans were NDTE: Far a law to be mnsldered a bi]] of attainder, it
entered into by virtue up public dn-cumenl3 must be shown m edntain all of Lhe fdllawingz "a
during the perin-d of 1978 to 19l11.Recerds shew speeilieatidn of certain individuals or a group of
Mat the complaint was referred and Filed wirji the individuals, the lmpdsltinn of a punishment, penal or
Umbudsman en Dlct. 4, 1996 DI' alter the lapse of eitherwise, and Me lack of ludlelal triaL' The must
mere than Fifteen years frecn the violation of the essential -of these elements is the edmplete e1»:l:lLI.si0n
law. Thereinre, the nifenses charged had already of the edurls from the determination of guilt and
prescribed imposable penalty. {Fr.re.r'tes us. Senate, E R No
288162. January w, 2828]
The Presidential Ad Hoc Eamniimee an Behest
Le-ans was ereaned en GEL E, 7992 under It is only when a statute applies either to named
Administrative Drder Na. 13. Subsequently, lndi1.ridua]s ar in easi]1.r asoerlalnable members of 3
Memuranduro Grder Nu. 61, dated Nm-'. 9, 1992I nruun in such a wa_',r as m lnfli-cl punishment on them
was issued defining the criteria to- be utilized as a wllhnut a iudielal trial dues it become a bill of
Iranian ufreierenre in determining behest In(ans. attainder.
Aeeordingljr, if these Drders are to be considered Two kinds of hill of attainder

the bases of charging respondents far alleged
offenses e-omniithed, l;he].r heeome es:-post fame 1. BNI' of otrolnder proper {legsMdve imposition of
laws which are proscribed be the Constitution. the death penalty); and
The Committee filed a E4-'lotion for Reconsideration, z. Bi!! 0.IFpofns and penolnes {lnrLposlllo]1 of a lesser
but the Glnhudslnon denied it on [u1].r IT, 1998. l:lena1t!,'.
Are Administralzivle Drdnr He. 13 and x. 1.A'W DN PUBLIC DFFIEERS

Memorandum [order Na. 81 ex-past facto laws?
*lr{=lJl=1rlLllurh5Inlul=1.
A: ND. The ennstltudena] dnetrlne Uiat outlaws an ex
post facto law generally ]Jmhlbils the retruspeetivitjir
of penal laws. Penal laws are Lhase acts of the
]egis]a't'LLre which prehihlt certain acts and establish I t i s t he right, authority, and duty eoeated and
penalties Eur their viulalinns, or these that define conferred by law, by whleh for a given period, either
crimes, treat of their nature, and l:l1'll:l1.r1de fur their Fixed by law ar enduring at the pleasure of the
punishment The subject adrriinistratlve and creating power, an individual is lm-'ested with SIII IITIE
men-urandum orders -clearly du not Mme 'within the portion of the sovereign fLlnetlon5 of the g01.fe1'11n1e11t,
shadow of this definlliun. to be exercised bi' him for 'Lhe be:lleEt of the public
[Fernandez v. so. Tomas, 5.8. No. 116418, MansN F,
Administratltre Drder Hn. 13 creates the Presidential 1995]
Ad I-Inc Fatt-Flntiing Committee on Behest Loans, and
provides Em'113 mmpnsitlnn and function ns. It dues not
Purple*ap of a p\1h1i=: -:iiliLc
mete nut penalty Eur the acl of grantln8 behest Ina's.
Memorandum Dirtier Nu. 61 merely prtMdes a frame A public -nfflee 15 created to effect Me end Eur wmm
of reference Em' determining behest !-fans. government has been instituted which is the eulnmnn
glad, nat profit, ]'L::ln1:lr" or private interest of any
PDLITICAL LAW
person, family at class of persons. [638 Mm. Jun Ed

Public D.;]'?r:ers' :md Emp!o_1.-'ees 6l5F' fI95l :FH
Incidlrlut u. Url- I:
Eharacnerislzirs of p1Ih1If UMM [ w e ] sn1.rerelgJ'1tl.r. Me will of th
m nt r a c dng
As to
1. It iS 0 Euhlic trust - The principle of 'public n}]l'ice parties, sublecz
iS .ii public tn.rst" means that the -officer holds the
:Mahon
nu Dr
public dice in trust for the benefit of the llnlltatlmls
peopl e- t o whom such cnfliners are required la be lnlpl:»scd '.
accountable stall times, and to serve with utmost Has IZ:L = nbjeet l:lllflllIIDSES
respclnslhilltl.r. lclyaltl.r. and eEflcienr:gl.I'. act w i t h the carrying nut D abligatlans not
pa1:l'1-utism and iustlce, and le a d m ode s t lives. sn1.rere1g1'1 a s we ll `LIPI'JI'l persons
1'198? Cunstltutlniq, Art JH, Ser; H
M tn-
as governmental who entered
PE|'5'0|'|3
hinedans afEe1:11q. due same.
affected
z. It is not a £ropcrT_l"' and is outside commerce of even persons on:
man. It cannot be Me subject of a conl:ra|:l;- The hound b
concept 'puhfic ojice is not o property" means 21111t1'3fT..
that no oncer an acquire 'nested right in the Embran.~ idea all ..| .|
holding of a public office, nor can his right to hold of tenure, always llJ\'lltl!d
the office be transmitted to his heirs upon his du1"a'l:1-1:l»1:l, and in is duraUun
death Ne1.reJ't]'Leless., the right to hold a public 1:un1:in1.1itlj.-'. To . and specific In
office is a protected right-secured by due process duties connected its nbiecls. I t.
and the provision of Eonstitution on security of 1j'Lenewllh arr- terms df f ln L
tenure. (Santos H. Secretory of Labor, on Noi.- generally and liinit dn:-
2'I|524-, Februor}f2?, 1958] As to subject
cu-n1:ln1.Li]1g ann. r1g'h'Is and
mayer and
permanent.. ubligadans al
scope
3. ft is Ecrsunal to the public nt}?4:'er - It is nut 3 the parties, am
]Jmp43:ltg," transmissible in the heirs it' the afE1:er neither l'l'l3" ._-r
upon Me latter's death. (Santos '|.'!. Secretary of depart

.t.-EI'.tNJ]',. 5.8. Hl5l.L-21624, Fehmary 351 1968] thenefrnm
wllha ut m
4. Iris not cl 1-'ested nigh: unsent of 111
crthcr.
MUTE: However, right m a public l::lfflce is
right Nevertheless,
ne1.fe1't]1e]ess a prutecced F"uh1ic clfti-:pr
right to 3 public nMr:e is a pmtecled right It
cannot he taken fc-um 113 incumbent wllhnut due The public nfflcer, generally, is Me one who holds a
process. fl'-Inrlfe '|.". Mums, ER Na I.-2083? "public nM1:e." A public :Meer is such an aMber as is
January 3/, 1968, .4.pam u. 64. ER Nu. L-30857, nequlned by law to be elected DT appointed, who has a
fl::l'm.rary. 31, I 984] designation nr 'tide given to him by law, and who
exercise funrvtlans mnoernlng the public, assigned to
5. _
or E nut cl Hatuml' Riga: - Under our pal 11:ir:al him by law.
system, d1L 1'i,gj'Lt to hold public nM1:e exlsls only
because and by 1.rlrtue of same law expressly nr NDTE: Under Section 2 [b]. RA 3019: The Anti-Graft
implied ll.r dealing and mnferrlng it; and Corrupt Practices Act, public oMcler includes
elective and appointive ofEc1a]s and employees,
Elements of a public office [EALIEI permanent or temporary, whether in the classified,
unclassified or exempt suvlce, receiving
1. Created by Constitution or b:.' law or by some compensation, even ngm[n3]I' from the government
body or agency to which the power to create the
oHir:e has been delegated;
z. 1|.Iresled wpm authority to exe relse some porbon
of the sovereign power of Me Stale; 1. .45 to c'r"eaN¢:ln
3. The powers conferred and the duties to be a. E-nnstltulinnal; or
discharged must be defined dlrecdy or impliedly b. Stamlarjr.
by the Leglslature or through legislative 2. .43 to nature ofjimnctluns
authority; a. coil, nr
4. Dutles 3.l'*E performed Independently w11i\oLLl b. Mllitary.
control unless those of a subordinate; and 3. .43 Ra the brandl- nf Government to which or
5. Qontlnuing and permanent {Ferm:rr:O'ea n Sro. belongs
Tomas, ER No. III54I'8, March F, 1995; Tejada LL a. Legislative,
Domang'o. ER. No. 91868, ,fonuoay 13, I992_J tl. Executive, or
c. Iudida].
pnmir nftiff' w. Puhlir' 1'nn1'1"1-"rI 4. .43 to Lltehrclnch o}'Guv-ernmentserued
a. Halie]lal; or

b. Local. It ii. in law, equlvalnnt to "filling a vacancy". Monde H.
5. As re exencis-2 nfjudgmen t NaLfl:mal Tobacco Earp., ER Nu. L-11583, January 28,
a QL1As1-]ud1ciaI,~'Dls:redn11ar'g,.r; or 1961)
b. MY H13UEIi3l.
6. as ID :umpensunbn NDTE: It is a bash: precept in the law cnfpublir: nflieers
3. Lucrative, UMC: of l:+rnflt. or aliiue th a t nu person, no matter new qualified and eligible
coupled wlrh an Interest; 'DT he is far 3 certain position, may be appointed to an
b. HrJ]141rar'g,r. -nfiiee which is nut 1.raeanL There can be no
T. As to Fegl:lJ'llty 4:r..*lt.*de .to ujice appulmzrnent to a nun-vacant pnsidan. The lneumbent
a De Earn; Ur m'LLst first be legally renmved, or his appointment
b. De Jura. va]1d]y terminated before one mud be validly
installed to sueteed him (Screes in. Court nf .=1np»2m'i
Kinds of Government Empluvnlcnt is. lll,l',l:l. II4?9'5,juJ'y IF. 1996]
Entrance is based an Ent18nL'l: is based cm

merl13 and fitness, 4:lual1Eir:a1:ians other than Appointment js an esslenl'lall.1,r dlscretlonaryr power
which is determined msrlt and fl l ne s s . and must be performed by the offioec in which it is
by 4:ldnlpetit:l1.re vested according to his best 118hU, the only condition
examination [except helng that t:he appointee should possess the
fm' lm-cdnlpetidve qualifications required bl.* l a w . I f he does, then the
pnsitinlls] nr based appointment cannot be faulted 011 the ground that
un highly teehnleal th e re are others better qualified who should have
qualiticatlnns. been preferred. Th i s i s a poljtlcal question i n vo l vi n g
considerations of w i s d o m which only the appointing
Dl:lpm't1.Lnit5r fm' Nu such up pa1't1.Lnit3-'_ aLLthorlt3,r can decide. ftuego u. ESE of No. L-ssisi
ad1.ranl:emeJll [D August 5 , : s a n g
higher career
]JDSjtlI:u1. Appnintnlpnt or. Dp'ii1.=;uaIinn
Theme is secur ity of Tenure is limited to a
tenure. period specified l:l.'l.r law,
enterminpus aim the It is the srrlectlml bi' the [t ounltntns ntcrcly the
appointing autitprity or proper authmiq," o f a n imposition by Jaw of
subject to his pleasure, nr lmiividual who 15 to additional duties in an
which is limited to the exercise the funclinns it incumbent nfli1:iaI_
duration of a particular a given cnftine.
purpose. It eunnutes IIlE]]llfllEI.lfllIllEE . Shall hold the office only
Wh e n eumpleled, in a t.empn1'arl.r capacity
usually elm 113 and maybe replaced at w i l l
euntirmatiun, by the appointing
|=n.1:-:~:=»1-:mr4- I -I' I |': appulnlrnent results In
saeeuriq." of tenure unless
aulj:mrlty. It dues not
confer sel:ILLrll1.r of tenure
Modes of filling up public nlfices (A.-E-D-LAW] he is replaceable at the in Me person named.
pleasure because of the
1. Appnlnmienr; nature of his efliee.
z. Electlnn; Essen1:iaLl.'p' executive in L-egl5JaLiue 111 nature.
3. Desai gnaliun; ar nature.
4. In some instalnnes By ll:\cl-n1:l'ar:t nr by Anne m']1er |"E-1~inamim of. Garmcha, {8inamEra v. Gl:1n'1u'r:hn. ER.
modes authorized by law.
{Ff'el:'JI:lm l.: ER. He. 92088, July 30. N¢:l. 92888, .W0." 30, 1990;
5'l:lndi5lunbn}ranl ER. Na 111091, .\\1r.r,l.;l'usr 21, 1990]
/ 9551
EI. Succession by operation outlaw, or
b. By direct provisions outlaw.
1. IrlJ'JerenIfy befarlgs En the penpf-2.
-'l~4l'1|I4|~El'I511E|'H'|4*4li'|I\'ll~'5I=|~'l-
It belongs to where the peap]e have chfisen to
Appointment place lt bl.f 1i\elr Constitution or laws. [6.8'EAm. Jun
2d Public' rljj"ir:'ers :md Employees res, I953;
The act of designation bi' the efxecutlve offer, hoard
or body to whom that power has been delegated, the 2. Entrusted to designated elected and appointed
individual who is m exe]'l::l;~:e the powers and functions
public ujjiddlk
of a given oMIt. It refers to the nomination or
designation of an individual to an office. {Borrom-eo l.:
The appulntment of public nfllcial i s g e n e ra l l y
I-fnr1!ono, ER. No. L-Jeeoe j.r:I'I1uoJ':l"' 3, 152/1
linked upon as properly belonging to the
PDLITICAL LAW
executive deparmenl. App-nlntmenrs may also be valid where there 15 no ptuvlsinn al' law to the
made be* Congress nr the cnurm, but when so made r:rJ]1tr'ar3-'_
should be taken as an incident m Uris discharge of
Euncljans within their mspectlve sphnnes. xpt4» Acceptance, however, is neoessargr to enable the
(Ecrvernment lr. Sprlngen 50 Zhu. 259, a',Qi'rmed' In appointee to have ful] possession, enioymeot, and
5'pringer' u. Government; 2?? LF.5'. ISO, :PZ Ed. 845, 48 nesponslbllity of an offjee. {Eonomeo iv Mariano, GR
.SET 488' [19283 No. L-16808, January 1 1921: Larson v. Romero, as
No. L-3081, October 14. I949]
NDTE: The general rule is that d'Le appointing power
is the exclusive prerogative of the President, upon NIJTE: An appointee cannot imp-use his own
which ne limitations may be imposed by Congress, eenditle]is far the acceptance of a publle eERr:e. He
except those resulting from die need of securing Me may only either accept or decline II. [De Leon, 2814]
concurrence of the Commission of Appointnients and
from Me exercise of the limited power to prescribe The following olomonm should always concur in
the qualifications or dlsqua]1Eceti-ons to a given Me making of a. valid [which should he
appdlntive ofiioe. {Rol'i:reJ' H. Embroidery and Apparel' l1m1~p1"'itnni1 at half {'nmi111'I-* and plTfr'tivpl
Control and Inspections Eooroi, ER No. L-199981 appointment
September. 29, rear;
1. Authority to appoint and eurlden-ce of the
'."la"heve the law is silent as to who is the appointing exercise of the autllorltllr;
aILLlhnrlt§lr. it is understand to be the President of the 2. Transmittal of Use appointment paper and
Philippines. {Run[nn v. End'.r~l0, ER. Na. 139554, July e1.rlOen-ce of the transmittal;
21, 2886] 3. A vacant position at the time of appointment;
and
Absent any contrary statutory' poomrlslon, 1j'Le power to 4. Receipt of Wie appointment paper and
appolllt carries wllh it Me power to remove or acceptance of the appointment by the appointee
discipline. [Aguirre or. u. De Castro, ER. No. 12?'6él'Il who possesses all the qualifications and none of
December if, 1999] the disquali Ecatlons.
Prp~1idpflt afluninri ffrur qrnlmi nfnfFI1'r~r The concurrence of a]] these elements should always
apply, regardless of' when Lhe appointment is made,
1. First group - Heads of the Executive whe'LheJ' outside, lust before, at during 1:he
department ambassadors, other public appointment ban. These steps in Me appointment
ministers and consuls, officers of the armed process should always concur and operate as a single
Eoroes from the rank of colonel or na1.-'al captain, process. There is no valid appoinnfrient if the process
and other officers, lacks e1.ren one step. [1-"effcorfo-E-ora'IEl v. Dfliee of The
President; ER. No. 20s3.='2, J'r.rne /6. 2m5}
NDTE: The only utERI:ers whee
apl:lui11l1'rlen13 need r:ll:lnflrnla'l:l1Jn be* the F'r=1l"pfll1rr [nr The app-wintmfnt -'ii thwv* Mat
Enmmissian un Appnlntments are these rvquirr rcmfirm=1l'inn lw l*lp Cnmmiaiinn in
mentioned in 'Lhe Ilrst group. 4nn4intmf11t4
2. SEL'-und group - These whom the President may 1. Nomination by the President;
be aut]14:~ri2.ed by Jaw to appnlnt wllhaut the 2. Confirmation by the Commission on
consent JE the Eummissicin D11 Appninmlellm; Appointments;
3. Issuance of co mmission, and
3. Third g;n:1up- - Refers to a]] other dfflcers of the 4. Acceptance by the appointee.
Government whose EPPMHTJUEHE are ]"l.'l]l
otherwise ptmrlded by law [the Jaw is silent or if MUTE: Appdlntment is deemed complete upon
the law autharladng the head of a department, acceptance. Pending such acceptance, which is
agenqr, cammlssinn, nr be-and la appoint is nptlnnal in the part of the apps lntee, the aup-nimltment
declared uneanstjtutiunal] and wit.ha1.Lt the may steel] he valldljr withdrawn.
-l:d]1sent of the E-nmmissldn on Appninmlenls;
and ER: Appuinunent to a publlr: uffioe cannot be forced
upon any citizen.
4. Fourth group - I ewer-ranked oflfloers 1.»vhose
aplpolJltmcnm Congress may by law vest in the XIAN: If it 15 for purposes of defense of Me State under
heads of depa1't'menl3, agendas, commissions, of' See. 4, Art. 2 {a]sx:ll an KPN to d'Le rule against
board; II98? Eo::lsN1'r.rtil::llI1. ArL WL Sen 165 inunluntary serndtudej. [Leann Iv. Rnmern, Na L-3881,
DEL /4, 15454
&uunimp'¢ il.'EII"l'PllH.l].'EIP of "RFC
NIJTE: In ad interim apl:¢0l11tmen13,, steps 1, 3 and
4
GR: .Um appalntee's acceptance o f U M M is nut precede step 2. Fur appninunenis whlr:]1 do not
necessary la complete or m make the appulntment nequlne l:unErmalj-nn, step 2 is ski pped.

Eiflfl'-2 of »*4lpnintmpnI9 Service Act I5 5 9 ;
1. Permanent - An appointment in the civil service Necessary in the public Yacancy oeeurs and the
issued to a person who mee13 all the interest to fl]] the Filing 1j:\et*eoE is necessary
requlrememn for the position to which he is vacancy. in the interest of the
being appointed, deluding the appropriate service & there is no
eligibility prescribed, in aeeordanoe "nm the appropriate register of
provisions of law, rules and standards eligible at the time of
promulgated in pursuance dleneof. It lasts until appointment
lawfully terminated, thus, enjoys seeurlty of Menu all rnquirnmcnts H33 not qua]lE43d in an
tenure. Le o. to? {4S:l!wf Serve-te Decree; Set. 25{o}j' Eur position except r:i1.ril appropriate examlnadnn
service eiigjbilllyr. [Sec but nt]1er1.n.d9e meals
2. Temporary - A kind of appninnnent issued to a 25[l:l]. Civil Eermrlce Act t*equlnemenl3 fDT
person who meets all the reqLLine men13 for Me of 1959] appllintment m a regular
puslliun in whirl he is being appointed, except pasltiaii.
the appropriate 1:i1.ril service eligibility, in the
absence of apprnprlale eliglbilirjes and it HDTE: Provisional appolntmen13 in general have
becomes ner:essar1.r in the public Interest to fm a alreadj.f been abolished by RA. eo4o. However, it
via-canq.-'_ IRD. SEIF, See 25{bjj steel] applies wllh regard to teachers under die
Magna Carta for Publie5ehool Teachers.
NDTE: Teml:H:"rar`!"' appointment shall nut exceed
12 nlem.lls, but the appointee nlay be replaced 4. Regular appafnrment - Gne made by the
smaller If a qualified r:11.rjl service eligible becomes Pnesldent while -Congress is in sesslcm, takes
available. /F.0. sax Sec 25:41 effect anlyr after cnnRrnla'l:lan b1.' the CA and, nun
approved, cnntlnues until the end cif the term of
Due who holds a temporary nr acting the appuinlee.
appuinlmenl has 110 Fixed tenure of eMI, and,
lherefcme, his enjoyment can be terminated at the 5. Ad lnl5e.r[m nppmnwenc- Due made by the
pleasure of the appointing power even widmut Pcesldent while Ingress is not in sessli::n. which
hearing -at cause. {Emsrn»s U. Hams Insurance a lakes effect lmmelilalely, but ceases to be valid if:
Eunmntp' Ear,p::lmnnn. an Ho. 139251, .4.u_gust 25, 3. Disapproved be' the CA DI'
2m2.l h. Up-an the Jlena adjournment of Congress,
either in regular ar special sesslclll. the EA
However, If the appninlnlenl is fur 3 sjpecifle has contacted up-nn it. -[199DI 1994 BAR]
period, the appulnunent may not be revoked
url] the expiration of the term. Dilft-rcncc between Regular app-ninuncnt, Ad
interim appointment Tcmpuraw appointment
HDTE: Acqulslti-nn of etvll senrl-ce ellgil:lllitjl.r will and l'Ir1ia=11a1ifm
nut autamadcally convert the temporary
appointment into a permanent one. (Frau. Do'
Et-:marines Sur' v. ET, an N41 10-4639, July 14,
1995]
r'-"[&dE I'-"[&dE Lash: until a More
3. F7ov8Mnot oppoirltmerlt - Une which may be when when permanent lmposllion of
issued, upon the prior authorization of Me Enngbess is Emlgmss appni nunent new DI
Commissioner of tile esc, to a person who has not in session. is n m i n 15 issued. additional
qualified in an appropriate efxamlnatlo-n but who session. duties to be
otherwise meets the requirements for performed by
appointment to a regular position in the an Iltti.cEI." in a
competitive service, whenever a vaeanqr occurs special
and the filling thereof is necessary in the interest manner while
of the serI.rir:e and there is no appropriate register he performs
of eiigiOles at the time of appointment. Htmeneo it the function
Guonzon, ER No. I.-24?515, ,ionuorjr 29, 19-1581 of his
permanent
TI3l11!1*¢lraI'!~' Apmzintlncnt vs. Prllzwtishzlla l of floe.
Appointment [1994 EAR] Made only Made Eannnl Br: The l:IMI:cr is
after 'Lhlr before validly almadyr in
l'loTI'li['l3.u.D can E rmat infirmed by by
$fE["l.-'1EE'
n is lon of the the 'EA vlrlue of an
[issued to a person m a | Issued upon tr: the prim' EDD H rued CA. because Earlier
pnsjtlrm needed only | autharizatzicm of CEC. [See by EA. l'Jlebe 'W35 no al::ll:ainl111e11t
for a limited period at | 2-l[e], Eivll Sermrlee As! of valid performing
exceeding twelve | 1959] nnminatlon other
meuilhs. [Sec 24[dj, E:f",r]1' funetleuls.
PDLITICAL LAW
Continues Shall May be Maybe After an appointment is el::nlp]eted, the esc has the
until the cease ID terminated terminated power to recall an appnlntment initially approved on
expiration be 'valid Lf at the ang,-'1:ime. any of the fallnvld fig gm undo
of the disappro- pleasure Elf
Lerun. ved by CA appelntlng 1. Non-compliance with pror:eduresJr'crlter1a in
111' LIFHJII power merit p1'olnot:lon pla n;
1112 next wlltheut 2. Failure to pass l;hroug]'L the selection beard ;
3diDufH' hearing DI' 3. Violation ofexisdng l:o]]eotl1.re relative agreement
rent of cause. on promotion;
Congress. 4. Violation of EEE laws, rules and regulations.
{DeiJuig0'do v. EEE. IL'F.R No. 1114371. Sept 26, 1994]
#.rtinrl -*41pnilltnlpnt [EU I] re E-'\R`!
An at:t:lng app-ointment is merely temporary. {5e1.=iHI:1 v.

CA, GR. Nu. 88498, June 9, 1992; A temporary
appnlntment cannot bECDH1€ a permanent Rtq,uilrp1'npnt'4 inr pnhlir nftirv
apl:la»l11tment, unless a new appointment, which is
permanent, is made. [Maruhnmhsnr u. Ajanta, ER. Hn. 1. Eqgunnry - It is the slate nr quality of being
93?/I, Fehmafy 25, 1591 ] legally Ht DT qualified to be dmsen.
However, If due acting appni ntrnent was made 2. Quot tlicocion - This refers to the acl which a
because of a tempnratgr vacanqf, the telnperary peck-on, before entering upon the perfocmanoe of
appalntee holds nftiee until the assumption of Tiffi-ee his duties, is be law requloed an do such as the
by the permanent appointee. In such case, Lhis baking, and often, subscribing and filing of on
tempciraryr appointment eannat be used by the official oath, and, in some cases, the giving of an
appalling autharitg.-' as an argumentar justifieatian in official bond. lr Jnay refer to:
order to evade -nr a1.r-aid the eeeuritgr of tenure
principle pmvlded for under the Ennstillltlnn and the Endcnwnenm q1.lali'l'1es DT attributes w1'Llr:l1
Civil Senl'ice Law. [Gayatau u. ESE ER. Na 93064, June make an individual eligible fur l:l1.LI:l]1-c nfficr
22, 1992) et. r:in2en:itip, Ur
b. The act of entering lntn the performance of
Q: Can the CSE revue an appuinmwot by Me the liinctlnns of a public -nl'ii1:e et. taking
appointing power and direct the appniomient M cuff: aj'n)jli'cE.
an individual Ni i13 choice?
HDTE: To entlde a public cIFlicer in hold a public
A: HU. The (EE cannot dictate to the appointing sflicc, he must possess all Wie qualifications and none
power whom to appoint IE function is limited to of the disquallticatlans prescribed by law fur the
determining wheMer or net the appointee meel3 the l:'4:lsllinn, nut only at the time of his election nr
minimum qualitieation requirement preoeriOed for appcninbnent but also du ring his l ncumbenq.-'_
Nie position. Dtherwise, it would be enanaehing upon
the diseoetzion of the appointing power. [Madeira v. Sto. Eemrral Qrualificatinns for Public Dliice
Tom of, oo. 94255, Moy 5. 1992] LLABESBAE1
Protest to appointment 1. C11:lzenship;
Any person who feels aggrieved b'jlr the al:rpcllntl'nent HGTE: 0n]y natural-burn Filipinos who awe tel-tal
may Idle an administrative protest against such and undivided allegiance #to the Republic of the
appdiittment Protests al'e decided in the first Philippines could run fur and hold elective
instance by the Department HeacL subiecl ld appeal m
public affine. l'Arnnl:!a '|.". CDMELEISL ER. Na.
the esc. 210164, August 18, 2015]
The protest must he for a cause (Io. o.0polnlvee is not Congress enacted RA. 9225 allnwlng natural-
q'r.roJ'J]ied; oppoinroo was not the next-In-rank; barn citizens Ni the Philippines who have Inst
:.r nso'r{sfol-:'t-orjl.= masons given by the oppvolnling
their Philippine citizenship Br reason of their
outJ'JonlLy in molOng the questioned oppolntnientj. The
iiaturaliaatiun abroad to re-acquire Philippine
mere fact that the pootestanl has the more impressive citizenship and ta- enjny full -cl1.ril and p4Jlit:l-cal
resume is not a cause for opposing an appoinlmenL right upon cnmplianee with the requirements of
(Aquino v. esc. ER. No. 92403, A.!JrH22, I992]
the law. They may now run am' public ciliine in the
Philippines provided that they: [1] meet the
Rwanrali-:lu ve. Rp-r=11l of app<1inrm¢'nt qualifications Eur holding such public niflce as
required b:.' the Eunsdtutinn and existing laws;
Where an appoinlnlenl requires the approval of the
and {2] make a persons] and sworn renunciatlnn
esc, such appointment may be revoked DI' w11:11dravm
Ni any and all fdrelgn citizenships before any
by the appointing authority any lime before the public nfiicer authnrined to administer an path
app royal by the E511 nl'i,nr in nr quo [he 1'lp"l of li.lirl.g of rlielr l":nI'T

{Ar'nad'n v. EQMELEC, Ibid.; RA 9225, Sec. 51 cannot remove it under Me power to prescribe
quali licatlnns as to such aif1ce5 as it may create. {46
Thls rule applies In all those who have re- CI..936-537]
acquired their Filipino l:i1:lzenshll:» wllhnul regard
as to whetllr.\r t-114' are still dual citizens DI' nal. It Frrfp="1'ifrn of *hr l'i»"llt of :I puhlif =1fErpr m in*pr
is a pre-requlsite lmpnsed for the Exercise of the ilu1[EI:t
right lu run fur public nfE1:le. fibhejuna-Cnndnn v.
EDMELEC. ER. ND. 158?42, August IO, 20/2] llpan his path of nfflce, it is deemed perfected. Duly
when the public dfflcer has satisfied this prerequisite
Fur app-nintive public ::III:ials, RA. 9225 can his right to enter lntd the position be ennsidered
requires an maUi of allegiance to the Republic of eldnlplete. Until then, he has ['llII]"lE' st all, and Eur as lung
the Phliipplnes and 113 duly mnstitllled as he has not qualified; the holdover nEflr:er is the
authorities prior to their assumption of office: rightful neeupant. [Lemme U'. .S'andi*qIanbnyan. ER. Ha
Provided, that they l:'*'ETII.Dl.LIIlll.'E their cl-ath of 138872, .HEl"tI*l 25, I995]
allegiance to the el:luntr.1.r where they men that
oath. [RA 9225, Sec. 5{3}]
2. Agar:
3. Redden-ee; Disuualificaljmls attached to civil service
4. Educatlcm, rnln1 rwpp'i nr wlltil"i=1l'4
5. Suffrage;
6. Elli] serurlee examinaliu n: 1. Losing condldote In any erection.-
T. Abi]llll.r to read and write; and 3. Cannot be appointed to any office in the
8. Pullliea] affiliation, as a rule, is not a qualiRr:atill:ln. government or GDIECS or their sulzisldiaries,
and
XPN= Party-list, membership in the Electoral b. Period of' disqualification: Doe year after
Tribunal, Enmmlssinn on App-ninnfnenls such ele:t:l-on.
KPN: Losing candidates in barangayr
roTE= The qualifications for public 01T11:e are elections
continuing requirements and must be possessed not
only at the time of appointment, election, DI z. Elective ngjicinlkr
assumption of office but during the oE1'leer's endue
tenure. D-nee any of We required qualification is lost, ER: They are nut eligible Eur appointment nr
his title may be reasonably challenged. {Fr1'u'aido l.: desigjlatllnll in any capacity m any public office DT
confetti E.R. No. BFI93, ,tune 23, I935; Aquila |,*_ pasltian during their tenure.
Genera, G. R No. L-55151, March I?. 1981]
IFN: May hold ex n,f}1'efn pnsitlnns.
Aultmriw to prescribe qualili-cations Et. The 'ufiee President may be appointed as a
Cabinet member.
Congress is generally empowered to pneserjbe the
quali Oeadons for holding public oftioe, provided it 3. Appnifl-tive cl;jl'i'c'In0':
does not exceed thereby 113 constllutlonal powers or
impose elondidons of eligibility lnoonsdstenl with GR; Cannot hold any nd'Ler rnfliee In 'the
eonstitulio nal provision; 84:n1'et'nmenL ar any agenqr DI' lns1:l'1.Lmentalltl,f
thereof, including EDEC; and their subsidiaries.
Limitation an the pawn of Congress to urcscribe
qualiEcati4:ms IFN: Unless nlhermndse allnwtd b:.* law, or by the
primary Eunttlnns of his l:"4Jsll:i1:m.
Congress has nn power m require qualiflcalinns other
than Ihusae qualifications speelNcally set nut in the NDTE: The exeeplinn does not apply to Cabinet
Ennstlludnn. Such Constitutional criteria are members, and dense nffieers mentioned in ArL
EllCEI'l.l3l1.l'E'. vll. Sec. 13. They are gm-'erned by the stricter
pmhibidans CEI nlalned the rein.
P-'rwrr of "`nnFrp¢i to aIr-=»"Iil~p rli1"1n=11 il'iI"=\ti-1111
Prnl\ihilinn*= =1l'f=i'hpd to PI P~Pti\fP and appnintivv
In the absence -of mnstitutunnal lnhlbl'tll:ln. Ingress ¢lt1'i{i=H1 in *prmwf ¢'nr|1p11n1=vinn
has the same right to provide disqualilicatlnns as II
has to provide qualifications for nML'e. GR: They -canncll relL'ei1.l'E [A-D-[l:]':
Congress, howeu'er, may not add dlsqualitications 1. Addillanal' enmperlsntfan - An extra reward given
whens the Constitution has provided them in such a far the same nfflee
way as to indicate intention that the disqualifications 4 . bonus
provided shall embrace all which 3.['*E to be permitted. z. Dnuhfe mmpensl:ln4:rn - When an freer is given
Moreover, when the Conslitutlon has attached a two sets of cnmpensatlnn fm' two different of flees
disqualihcatlon to the holding of any oEflce. Congress held enneurrendy by one freer.
PDLITICAL LAW
3. Indirect mmpenmtion - Any benefit in the njiclal sh4:rH tmra any other Qliice DI' employment in
enlp]n}ree that doesn't come in the fn run of cash the Government or any subd11.rlsll:m, agency or
lnsuumenlalltjr thevenf, including GDECS ar ljheir
XPH: Unless sl:leL'll34:alll.r a1.LMmrlzed by law. subsld larles [198? lfmlstftutinn, Art ex - & Ser; 8
Flares 1.-'. Drilon, 6.8. Hn. I04?8'2 JJune 22, 1553]
NIJTE: 'Specifically aulharlzed' means 3 specific
aulhnrlqr particularly directed to the l::fEcler DT E No member of Me armed forces in the active
employee concerned. service she]]. at any lime, be appointed DI'
designated in any capacity to a civilian position in
Penslcms and grat1.Litles. per deems and allowances are the gouremnieilt including GD-EE3 or any of their
nut mnslderecl as additional, double, or indirect subsidiaries. Lisa? Eonstlluti-on, Ari: ii, Ser: 5{4}}
cnmpensad-nn. 1198? El:msLfmrI4:rn. An. Di'-8, 5'el:til:ms 7-
8] Grounds for disqualification to hold public oiico
Prnltihitinu-: lmunvfrl under mi- r.nn1rilurinn 1. Mental -nr phyrslcal ineapa-l:iq.r;

A na :of Thr- hM n Ina of tum -or mnrv lriwitinns z. Miseunduft nr enmmlssiun of a erne,
3. Impeachment;
A.. Members nfEnngress shall our: 4. Removal or suspension from nftiee;
1. Appear as DDI] noel before any court, eiecnnral HGTE: Where theme is no constitutional ar
tribunal, or quasi-judicial and o1:ber s ta tu to r y d e cl a ra ti o n of itlellgibilltjf for
admin islrative bodies; suspensloii or removal from ofl1r:e. the r:onLLr3
2. Ee interested in any contract with, or in any may not impose the disability.
franchise, or special privilege granted by the
Government, or any subdivision, agency it' 5. Consecutive terms exceeding the allowable
iiutrunientality thereof] including G1]ECs. DT number Df terms;
113 subsidiary, DI El. Holding more than one dfNce [except ex dJI]i'cidj
3. Intervene in any matter before any office of T. Relatldnship wid'L th e a]JI:»-dlntln8 power
the Governnienl for his pecuniary benefit or {net:HJtism] [2l]1l] BAR];
where be may be called upon to acl on Dffl-ce newly created DI' the emoluments of which
account of his office. have been increased {fdrbldden dice],
9. Being an e]elL't:l1.re d-fEc'la] [Hams u. D1pHdn., E R N a .
B. The President, Wee P'res!den!'_ Members 0,lr the I 94?32, June 22, 19933,-
Sabine; and Lhelf' deputies or nss8'tar:r[s', unless 10. L-using candidate in the elecddn within 1 year
-otherwise allowed by the D:lnstil:ullnn, shall DDI: fcallewing the date if election [pmhi bitilans from
office, net from empldjfmentj, and
1. Directly or indirect practice any osier
professio tl: DI' IFN: Losing candidates In barnngny eel:tll::ns
2. Participate in any business, or be financially
interested in an.'l.r contract wish, DT in any 11. Grounds prmrlded for under the LGE.
h'anchls»e, or special privilege granted Ba* die
Government, or any subdivision, agency 'DE' NDTE: The Supreme Eourt held that while aLl Luther
in_strunlentalit}.-' thereof] including G1]ECs. DT appointive o-Fl'lr:1als in 'dte Civil Serndee are allowed to
its subdivisions; shal] avoid contilct of hold other of flee at errLplo3,rme11t in the government
interest in the conductor their office. during th e i r tenure when such is allowed be law or by
t he prlniary functions of their positions, members of
c. Members' of the Eanslirurlnnul' l'1'am m.fssllnn shall the Cabinet, their deputies and asslstanls may do so
DDE? only when expressly authorized 111.' the Constioitlon
it3eI[ [EIL-'il Liberties Union I-l'. ExeruM-'e Secretory, ER
1| Hold any other office 'DT emplciyrnent or No. 83896. Fehmarjr 22. 159/]
engage in the practice of any profession or
in Me active management or corral of any Prnhibitinns under Eudn of Eunduct and Ethical
business 'Lhat may be affected b:.' th e Standards for Public Dfficials and Emp-lm-'cnzs
functions of his once; or
1. P1I'a:rh[b[taan ngalnstfinnncfaf :my matertni interwt
2. Be fin a n-cial]y interested, directly or
indirectij.-', in any contract widh, 1]l' in any - Directly DT Indirectly having any Financial as
h'anchls»e, or special privilege granted be* die
material lllteresl in any transactlrnll reqmdrlng the
as prcrual of their nflice;
Government DT any subdivision, agencies ec
instrumentalities including cocci do their
2. P1I1:rN-ibitlon oyalnst ounrlde employment and other
subsidiaries. These shall also apply to the
Bmbudsman and his deputies during his o-ttfwtfes refuted thereto - Dwning, controlling,
managing or accepting emplojfnient as officer,
te rm.
employee, consultant, eounoel, broker, agent,
l:r1Jstee or nominee in any private e n te rp ri se
D. Unless otherwise allowed bar law or be the
nriltiarv functions of his pusidan, no ::l::lpaaln-tive regulated, supervised or licensed by their ogee,

3. Engaging in the private practice of their h. Echnlarshlp or felllowshlp gant 1]l' medical
profession, and uealmenl; or
4. Recommending any person to any position in any Travel grand nr expenses for travel aul31de
private enterprise whit has a regular or pending
the Phllippines. MA 6?l3, Sec Ffdjj
official transaction with their of floe.
2. Pmhibhzlan against partisan pn]lt1r:aI ar.'t:l1.rl11es.

HDTE: These prnhlhiNcns shall cnnlinue In apply
f o r a period it' are year after resignat lcan,
al 98? Enrlstil'ution, Art fxfsj, Ser: 2T4J*J'
retirement, nr s e p a ra t i o n frunze public atiice,
e xce p t i n the case of participating i n any business NDTE: Partisan paJ'1lt1!-l:'.l::l'J a4:'Ll*wL.}' is a n a ct
or hahrlng financial interest in any nantract w l M designed to pmm-ale the election fir defeat of 3
the government, but the pmfessi-anal concerned particular IL'and1dale,r's to a public once. It is also
cannot practice his prnfesslnn in cnnnecdan with known as "electinneerd fig". l"l5'FE. Sec. ?9
any matter befcme the office he used to be wllh, in
which c a s e the o n e - j r e a r pr clhll:dtlcn shall Dfiieers or employees in the Civil Service
likewise apply. including members of the Armed Forces cannot
engage in such aL'tl'.rit'y except to rate. They shall
Pruhihitiuns aggaillst Lhe uracticc M' other nm use their official aulhni'it5.r or lntiuenee m
professions under the LEE eueree the ]1»cil11:leal aetlvlljr of any person. use?
Adminkrera Live Code, Hunk pg Title .L Eubtirie A, E E :
1. Loca] chief efxeoutiifes ligovernors, city and 55j
municipal mayors] are prohibited from
practicing their pm Eessio n; Dfficers and employees in the Eivll Servlce can
2. Snnggunian members may practi-oe their nanelhe]ess express d'Lelr views Un current
pcoiession, engage in any occupation, or teach in l:'4:lllit:l1:al issues and men inn the names of the
schools except during session hours; and candidates they supl:l4:lrr_
3. Doctors o f medicine may practice their
profession even during oMcia] hours of work in Q: DI: ".l'erar a Eourt Stenngrapiher deliberately
cases of emergency provided that they do not and fraudulently, and for a consideration,
derive monetary compensation t h e p e i r o m t misrepresented her ability m assist the
complainant in die adoption al her niece and
nephew. The Dftice of the Court administrator
Q: Eau the members of Sangguninn engage in the
practice flaw under the LG-E? equated lilo-se acts as Grave Misconduct and
dismissed De Vera from office. is the BEA
.II\.: GR: YE'g_ correct?
XPNs: {A-R-nutr) A: YES. Section 2, Ean-on 1 of the Cade of Eonduct

of Count Personnel has enjoined all court
1. Cannot appear as counsel in an.'l.r civil case personnel From soliciting or accepting any gift,
wherein a LGU or any office, agene.-' or favor or Iieneht based oJ1 any or explicit
instrumentalit'.5-' of the government is the Adverse understanding that such gift favor or benefit
shall influence their official actions. De Vera thus
p21]12-'r
2. Cannot appear as counsel in any criminal ease violated her sacred oath .as a court employee to
wherein an officer at employee of the national or serve the judiciary MM utmost loyalm and to
local government is accused of an offense preserve the lnmgriq and reputation of the
committed in Relation to his ofiiee, judiciary as an lnstitudon dispensing iu_'~;*tice to
3. Shall Hot collect any fee for their appearance in all. Her vloladon was made worse by her
administrative proceedings involving the LGU of committing lr in exchange for easy money. She
which he is an ofiiclal; and was them guilt of c o r r u p ti o n . She
4. May Hot use property anO personnel of the compounded her guilt by disoMng d'Le orders
Government, except when defending the interest of the Court requiring her to explain l'Lerself.
o f t h e Government Under the clrcu i n st a n ce s, she committed grave
misconduct which is punishable Br dismissal
Utllfr Dwvhihili-:mi imp-u'4pd -on rlllhlir -afticvrfi from mrvlm. [Gaiindez v'..Sr.rshlli'io-De Vera, AM.
No. 413-3126, Febmoq 4. 2014]
1. Pru hi brian against snljcltatlnn of glflx [RA 6?I3.
Ser: Urdu Pllhlif' nFiI'r-ri WW: :we fn"=11"'* in l1=miw\
pnli1'iral artivitifi
NDTE : Public nicer; however, n13y accept the
EI. Those holding pulltieal aEfli:es. such as the
folllnwlngglfls from foreign gu1.fe1'11menls:
President of the Philippines, 'II"iee President
of the Philippines; Executive Seeeetary nr
a Glfl3 of numlna! value received as souvenir
Department Secretaries and other Members
El" mark of courtesy, of the Cabinet; at] other elective nM-cials at
PDLITICAL LAW
all levels; and those in the personal and {PJ'menre1' v. CENELEC, ER. He. 1.-53581, December ISL
crmfidentlal staff of d1e about affidals, and 1988]
MUTE: It shall, however, be unlawful Eur them m Hinds of duti-cs of D1.lbIi-1: nicoli-cl:*r's
s u l l c i t ecmlzrlbutlnns from their subordinates Ur
subject liter to any of Use acts lnuulurln8
subordinates prnhiblted in the Election Code. Disulmrge is Pull:-a: L:IIi]1:&r may Na
imperative and it whlcheuer way he
b. Natlm1aL pruvlncial, city and municlpa] must be dune 111.' 1312 wants p1'n1.rlded it is i n
elective ufflcials. {5a'nM: v. I-'atm-, ER. He. L- l:l1.LI:l]lr: aliicer. a 1 :r ::n 1 'd a n ce wllh law
16131 Nuuember 6. 1959] and nut in a whimsical

IT l 8 ]l l l ]l l !].
3. Prohibition against snsssins in strike. {5'oc[a.l' E311 becumpnllnd by Cannot he l:rJmpe]lec1

S'ecurity .System Employees Assn. v. EA, on No. random US. by mandamus except
85239, Iutv be, mass; when there i s grave
4. Restriction against engaging in the practice of a b u s e o f discrelin n.
law. i'8..4. F'16151, SE'-['. so; C311 be delegated. Cannot be delegated

5. Prohibition against practice of other professions. unless otherwise
[HA ?'l6l5l. Sec. se; prmrlded 111.* law
B. Restriction against engaging in private business. [2010 EARL
Mtreto u. Sarges, AM. No. p-ee-259 December 291
1995; Doctrine n r Ralificatiun
F. Reswictton against accepting certain
empioyrmeni; I'R.-4 6?I3. See ?{iJj'_1' All;hau81 the aM of a public officer may not be
binding in the State because he has efxerdsed his
Q: Dues Ulf eleetien Dr alllmintnlent 1:1f an attorney powers defxtively his 3:13 may be raliEed.
to a gnvernoleot aliiele disqualify him from
engaging in the private praetine et 1a-.w 1. Thr: -:1or:trine do-es1101apply where:
2. Thet*e is 3 want of power in the public oEflr:er no
A: YES. As a genera] run, judges, other officials of the perform the original art,
superior mura of the d-Bice of the Suiicltirn' Genera] 3. The act was abs-olul;el3.r void at the lime it was
and of other gn1.reJ'nlnent prosecution nfflces; the done,
President, 'ufice-President, and members cut' the cabinet 4. If Me principal himself could not have ]awful],r
and their deputies or assistants, me mb e rs if done the acl; or
ennstltutlanal edmmisslnns; and clvi] sendce officers 5. If II oo u]-£1 not have lawful lr been done by ang.-'one.
DI' employees whose duties and respunslbllitles
require that their entire time be at the disp-dsal of the [1111'i p"-z Ni puhlir nfl9m*r~1
government are strict pruhitiited from Messina in
the private practice of law, [ELL 251 F] 1. EE accountable to the people;
2. Serve the people with utmost responsibility,
Isa-44»r=L~la1:r~l-:lui-»1-mu=+l:-I-xiuwwi integrity, and efEcier1q.r;
3. Act with patriotism and Justice and to lead
'4aurrt=a nfpnwwwi puhli r tiffi"rr*= modest lives;
4. Submit a declaration under oad'L of his assets,
1. Expressly nunferted upml him b y M e A c t ]laOilltles. and net worth upon assumption of
ap or:dnt:lfig him; office and as often thereafter as may be required
z. E:tp]'essl.§.r annexed to the nEiL'e *re law; and l:l-}f ]aw;and
3. Attached to the olio-me by IL'4:lmml:m law as 5. Uwe die State and the Gonstltutlon allegiance at
1nr.'1denTstl::liL all times
N~l}'l'E: In generaL the powers Ami -duties of public Reasons fur die imuusiliun of the dutlr to disclose
officers are prescribed Br the Constitution or by El'lancial 1"prnrd'*1
statute or both. Public officers have only those powers
expressly granted or neelessarliy implied by law. If 1. To maintain public IL~4:lnfil:ie11r:e in d'Le Eovernnteltt
broader powers are desirable, they must be conferred and in public officials and employees;
Br the proper authority. They cannot merely be 2. To avoid -oontliets of interest from arising;
assumed by administrative oEl'leers., nor can petey be 3. To deter corruption; and
created by the courts in the proper exercise of their 4. To pro1.-'ide the 1:i1:i2.ens with information
judicial functions. [arc Am. Jfor Ed Public Gjlicars and eonoerning a public oEfieer's fLna11r:ia] affairs and
Employees 883 rr5 srjj thus enable them to better Judge his integrity and
witness for oliiee.
[how-rrinr of Hlrrrqfnnrnf lmnli-:na n
_*!=I{¢{}4{|IIal|[:Il||[||a|;ll\l:irL-
All powers necessary Eur the effective exenzlse of &\e
express mowers are deemed :impliedly granted.
153
Rirzhn and D1"ivi1 PEPQ at puhlir norri 4. L1alJi]ity an mn1J'al:13 entered lnta in emcee's nr
wld'Len.lt authority; and
Right ID: {G-E-A-'.l'a-Ma-Re~Ln-P-51:-P! 5. Llabi]1t1.r an tart If the public nffleer acted beyond
the 11 m113 of auth::lrit'.!,-'and there is bad faith. (USA
1. Dftiee, v. R-eyes., E.R ND. 79253, .IHlg_r'glFI 1, I993]
2. Eompensadenjsalary;
3. Appointment; NDTE: Ruling in Arias v. Sand9nnMyan that heads DF
4. 'lfacatlpn and side leave, ufiiees may rely to a certain extent on their
5. Maternity leave, subavdinates is nut automatic. As held i11 Essa if. 8mce
6. Retirement pay; of Me Umhu£nrun, when there are MM 'Lhat l:"0i]1t to
T. Lu]1ge1.r1t5.r pay; an irre9]ariw and the affirm' failed to take steps to
8. Penslpn; WWW it, even tolerating it the AM: dslt'1:l'1ne is
9. Self-prganizatlpn, and inapplicable. [Gmhudsman u. de M MW; ER. Na
10. Prnteetian pf temporary employees. 28897& Octaher 13, 2OI4}
Pfnhihirinn afiainsr climiullrinn of plan' Ni Tl\l'i.p-ffrlfl rp141-»n=nhi11r¢ '1i=hi11lr¢ of pllhlir

cl:rrl51:ll'Lltiuna14:l1'1i hers officers
Congress is given the power m fix the salaries of 1. Erlmlna] l13bllil1'j,l';

certain cnnstltutlonal ufflcers, but after it has done so, z. : o i l Iiabllitjf; and
it may not reduce the salary of anjf of them during his 3. Adminlsl:rat:l1.re llablllty.
term ar tenure. This pruvlsinn is intended in secure
Lhelr Independence. [IHBF CnnsnL1.rltini1, Sri IX (As, Sec. Liabilities ufministcrial uliirers [mr4m}
31
1. Hon-feosonce - It is lime neglect to perform an act
E1»:f{'nr Ni My l'i£*llT in WE-nrganizafinn Ni which is the officer's legal obligation 'to perform.
pmnlfwI'p¢ in Igor' puhlir wrvinr z. MMMMMM - The failure to observe the proper
degree of care, skill, and diligence required in the
While the Constitution recognizes the right of public performance of official duty; and
employees to organize, they are prohibited from 3. M-rrf.IFe0r4rnce - It refers to die performance of an
staging strikes, demonstrations, mass leaves, walk- acl which the officer had no legal right to
oum and osier forms of mass action which may result perform.
to temporary cessation of work or disturbance of
public service. Their right to self-organization is NDTE: The plaindffmust show that he has suffered an
limited only to form unions or to associate without lnjurjr, and that L: resu]13 from a breach afduty whirr
including the right to strike. Labor unions in the the wHir:er owed him.
government may bargain for better terms and
conditions of employment by either petitioning the Command Respunsibilitv ]]o4:U'ine [1.-R-Cl-A-R]
Congress for better terms and oonditlons or
negotiating 'Mth the appropriate government A superior officer is liable for the acts of his
agencies for the improvement of those not fined by subandinale in the fullnwing in sla rices:
law. [555 Employees Assn. v. o-1, on Ho. 852?5l, July 28,
I§'8'9'_] 1. He negligently or wllifullyr employs or Retalns
unfit ar incompetent sol:lo mi names;
_Ellt:fiilNll';L{'Iiil:l'll';1"'llI;ll1NII,__ z. He negligently or wlI]full1.r falls m Require his
subordinates to conform to prescribed
GFI: A public nEar:er is not ]labl]e for iniurles sumained regulations;
by another due to ntlf14:iaI all: dune wtthln the scope 3. He negllgenUyr DT carelessly 'l]1.rersees the
of auth-l:»rltl.r. business of the office as to give his subordinates
the opportunity for default;
XPNs: 4. He directed, cooperated, or Aut!'Lori2.ed the
wrongful Bot; or
1. Dthrrrwlse prn1.nlded bi' law; 5. The Law expressly makes him liable. too. No.
2. Statutarjf liability; [New IS'iwf Cvdq, Artfcfes. 2:?, 32, 292, ..4dmllnlstrotrl.-'E Code of 1933 Book L Ehop. Sl,
341 Elections 38 ond39]
3. Presence of bad faith, malice, 'DT negligence,
Arias Dmwinf
NDTE: Absent of any showing of had faith nr
malice, every l:lul:llle eftielal is entllled m Me The head of dffl-ne is not required to examine e'.rerll.r
presumption efren-ed fallh as wel] as regularity in single delall -of any transalL'1:l-nn from iTs inception 1.Ln1:lI
the perfnrmanee or discharge of efiidal duties lr is finalljr app1'nved.'We would be setting a bad
[BJ'aq'uem u. AIel:1J'a, ER. Ne. 1094-151t5, September precedent If a head of nflice plagued by all Ind
1/. I958; ennirnnn prnbiems-dishonest nr negligent
subordinates, duerwnrk, multiple assignments or
positions, nr plain incnmpetenee-is suddenly swept
PDLITICAL LAW
lntd a eunsplraqf ennvietidn slnlply because he did against him. Thls may be dune Mrnugh 1.-'arlnus
nut persnnaLl_=,r examine every single detail, pleadings. lT4:rrres U. Ga'rdtimr'enn. ER. Nu. 153666,
painstakingljf trace e'uer],r step from lneeptinn, and December237; 2082]
investigate the mrJt:l1.res of e1.rerj.r person involved in a
transaction befdve aMping his signature as the flora] Pnrlclds ufpreventive suspension
appruvlng aut'.hdrlt§l,r.
1. Fnrudmlnlstmrhle mags;
All heads of of-oes have to rely to a reasonable extent
an their sublordlnates and on d1e good faith of 'Lhose a. E:lll"l] S-enrhze Law - 90 days
who prepare bids, purchase supplies, DT enter into b. Luca] Government Code [RA 1716-Dj
negotiations. There has m be some added reason why
he should examine each voucher in such detail. [ArMs l. Se-l:. 85: ED dajrs for apprnlnlivr
u. _'i'ond'1!.gonhayo'I1., ER. No. 81563, December 15, I989] l:IMr:i3l5 [suspension to be imposed
by the local chief executive]
NDTE: It m ust i ncl ude ceMHcadon from the it . Se-l:. 63: 60 -nr 90 days for eleclimre
subordinate and Me supporting dl::c'LLme]1Is, 0lher1nr13»e nMcials
Arias ductri ne cannot be upheld.
f. Dmbudsman Act - six months
Eundnnaiun Doctrine
z. Fur criminal' cnsw: Ant1-Graft and Corrupt PralL'tlf:es
The enndanatlnn doctrine :nnnutes 3 complete Act [RA 3019] - 9] days bl.* an.alagg,f (Gonzaga v.
ex1:ingu:ishment of Iiablliq.-' of a public nflieer DT Sandiganbuynn ER Nu. 9613/ September 15, 1991).
"deniring the right to remove one from office be-cause
afmiseumiuet during a prior term." NDTE: Service of preventive suspenslen will net be
credited la the penalty of suspensldn after haurlng
Prnq1»r»:ri'L'p appli 'patina of *hr dnr'trinf* been Enund guilty because they are of different
character. lr however the pre1.re]1tlve suspension is
Under the new ruling, the Supreme Court simply finds indefinite wherein his term is about to expire and
no legal auMor19 to sustain the coronation doctrine suspension is not lifted such will be considered
in this jurisdiction. The abandonment of the uncnnslinztlnrlal Eur being Mnladve of due process if
condonatlon doctrine should be prospeetzhfe lo law. (Layne, Er. 'l". 5'nndignr7bayan. l§'.R. N a L-65848,
application for the reason that Judiclal decisions May 24, 1935;
applying or interpreting We laws or the [Lonstil_1.ltion.,
until reversed, shall t'o1'1n part of the legal system of
the Fhllipplnes. ,l'IS'or,plo-Morales if. c-1, 8.8. No. z1:='Iz5-
23 November In 2815] Cjull 3l:1"L.'1l:'l: 90 days
Local Elnvnrnlnnnt 60 days
The enndenatjon duetrlne would not apply je Cade [All:lll:llntlvr:]l
appalntlve officials since, as to them, there is nu
bnvereign will to disenFranchise. ffnrpln-Morales v: L1:l-cal Government Ends ED or '90 days
c.=Lrnid.3 [Elective]
|. u=lu'l=u..*l1\4l :inh.~1u=l5».1I+!..*l'={..*l»l=Mu E4.-f=lH1l1=wl

Il]nlbudsman 6 man Lhs
Criminal Cases 90- days by 31131013;5.'

Preuendve suspenslen is net a penalty be llself; it is
merell a measure of precautlen so that the emp]a-yee
Preveniive suspension pending investigation vs|
who is charged may be separated from the scene of
preventive susuensinn pending appeal
his alleged ntlsfeasanee while Me same is being
lnnrestjgjaled, to prevent him from using ]'Lls pnsitlnn or
efface to influence pruspecthfe witnesses nr tamper
with the records, which may be vita] in the
prosecution of the case against him. [Baja v. DI, he '-Input a l1c1]alt1,' but €:1l!," 3 PL1l1lt1'».-'e in l:haral:t-cl'
Ne. 91 .74-9, Hard: 31, 19921 means of enabling 1j1r:
dissciplinargr au1;hurltj." an
It can be ordered even 'l.nd1j:\nII.Lta hearing because Unit unhampered ilwestlgad-an
is only pre11m1nalr]..r step in an adminiswatlve
investigation ( M U M I n Cl:lpul'4:l»n8;l et of . , ER Na Aflzcr the lapser: of AD lt' r.\xuncratcd. he
u0594 May Ra, 15951. days, the law should be reinsulated
prnvldes that he be w1m full pay fur the
NDTE: When a public ofli-cer is charged wiUl violation aulnmatlcally period nfsuspenslnn
of the Anti-Graft and Corrupt Practloes Act or RA. relnstatnd
3019, a pre-suspension hearing is required soleljr no
During such p1e1.renti'ue If during lim appeal he
determine die applicability of such Jaw and for the
suspension, the elnplnjree- remains suspended
accused be given a fair and adequate opportunity to
is nut 1:11lit]cd in pajfnll:11t and Igor: p1:11all3'
challenge the validity of the criminal proceedings
155
of salaries imposed is only Euspenslnn for mane than 30 days DI' End
t*eprimand. the equivalent to more than :ID day salary. _(RD.
suspension pending as; SE'r;3?{4:l'jj
appeal becomes illegal
and he is en1:i11ed m NDTE: Decisions 3 l'*E initlaLl1.r appealable to the
back salary department heads and then to the CSE. l:]n1§.I' the
corresponding on the respondent in the administrative disclp]lnarl.r case,
period of suspension. not the complainant, can appeal to the esc from an
adverse deelslon. The complainant in an
Q: [5 a public aflicer entitled to hack wages during administrative dlsc'lp]1nar1.r ease is only a witness, and
his suspension pending appeal when the result of as such, the latter cannot Oe considered as an
Me decision from such appeal dues not amount to aggrieved party entitled to appeal from an adverse
complete exaneratiun but carries with it a certain decision. [Mendez u. ESE G. R. No. 5l'.5.5?.'i, December 23,
nu rubber of days nfs uspensiun? 1991]
A.: ND. Although entitled m reinstatement, he is not 2. Appeufls NOT nu'mlJ'nhle [Ethe penalty ls.
entitled to back wages during such suspenslan 3. Euspenslen for nut more than 30 days;
pending appeal. Daly one who is completely h. Fine not more than 3D da.=.r salary;
exonerated at me1?eI.'l.r J'eprlmaJ1ded is entitled to such :_ Censure;
back wages. Liao of Education u. co. as Ha. 128559, d. Reprimand;
Dctnhar4, 2008] E. hdmlzmitlun, nr
When the respondent is ewnnerated.
Cnl1rTiti4'\1'1t» hpfnrr an tmpTlwpp raviv hr' pnIiIlpd to
had]-c Kala riwi [ IU] NDTE: In the second case, dhe declsinn becomes fi n a l
and efxer.'LLlnrJ.r be' express prmrisinn of law.
1. The employee must be Found innnc'ent of the
charges; and Availahiliw of mf- 'iprvir'p'i=1I Ihr- '9|r'r1i.-"il."'rr lifnvral
2. His suspenslnn must be unJust:IEed. :esc L: Cruz
If the public dfdclal is sued for damages arising nut of
GB Na. I8?S5E,A.u;gr.rst 9, 2811] a ferny Eur his own acmunl, the Stale is net liable and
the Snliclldr Genera] is nut authorized to represent
HUTE: The requlvement that the suspenslun must be him therefore. The 5cllic:itc»»r Genera] may cnn]1.r do so i n
unjustified is autamadeally subsumed in the udder suits fm' damages arising nut from a crime but from
requirement of exnneratlun. (esc U. Cruz ER Ha the performance of a public cIR'1cer's duties. (wm:-
I'_7858. August 9, 201 U Gazcm v. EA, ER Nu. 181428. August 5_ 1992]
Q: 'When is suspension unjlastilied? Th e DfEL'e of the Solicitor Genera] can mprewenl die
public official at the ]Jrr.\liminar'j.-' investigation of his
A: lr the proper penalty imposable for Me offense case, and tJ'Lat if an lnfrJrmatll::n is evenluaily filed
actuaL .l.f comrnltted does not exceed one month, Wien against Me said public roRi+:lal. the said Dfflce may no
'theme would have been no occasion for a suspension longer rel:+J'esent him in the litigation l"Ann-Erajt
pending appeal since a Oeclsion lniposing the penalty league if. 8rte;l;IIa, a n Nu. L-33912, September II,
of suspension for not more than :ID days or fine in an 1980]
amount not exceeding 1:hirt'j." days salary' is final and
not subject to appea.L [Book I-"L Section 4.7, for. 2' of
Euecutive Eluder No. 292: 5l'ecnon I t R u le m o f
AdmimStrotive Order Ho. F, Rules o f P m c M u r e of the
Do}i!ce of the Gmhudsmon, April IG, I9911, os amended Euidingurinciples
h_1." Administrative Dryer Ho.1?, September /.5, 20151.8'
which took effect on November 19, 2l5ll':J'3J} 1. Reinstatement a nd back salaries are separate and
distinct reliefs available to an illegally dismissed
Disl.'iplinarvAc1:iun public nfflcer DI' employee,
2. Back salaries may be a w a rd e d m illegally
I t i s 3 proceeding which seeks the imposition of
dismissed based -in the cnnstltutl-una] pruvlsinn
disciplinary sa11l:t:lon against, o r t h e dismissal DT
suspension of, a p"LLI:l]ll: officer or employee on a n y o f
that ND uflicer or employee in the civil seruflce
she]] be removed or suspended except for cause
'Lhe gro1.Lnds prescribed by law after due hearing.
prmrlded by law; in deny these employees their
back salaries amnunw to unwarrant ed
alai*ah+liw -l"llf aI*l1*=1* in A r*mifl*1t\'aIi'¢' P
punlsbment after petey lha1.l'e been exonerated
Di 1cinli1u11"'lr -ra'-19~1
from the charge that led to their dismissal ar
suspensl-bn. The present legal basis fur an award
1. Appeal15 uvulluhfe UtNe .penia{!.jl.= 8 :
it' back so]aries is Secticm -IT, Bunk v of Me
a Dem-nliu n; Adminlstrat:l1.re Ce-deef19E'J";
h. Dism1ssaH; Ur
PDLITICAL LAW
3. Back salaries are ordered paid m an officer 1]l' an An impeachable ulcer may be ousted from uffiue
employee only in' he is exonerated of die charge through other means of n1ed'LI::lds., such as quo
aalnst hiln and his suspension ar dismissal is warrant. (Republic U. Serena, an Na 237428. May;
found and declared to be illegal; 11, 2818]
4. If the exoneration of the employee is relative [as
distinguished from complete exoneration], an firfrun-:1i [nr impp=H'hfupnt HITB-GDB] -[1999,
inquiry into the factual premise if the offense 2D12,2D13 MR]
charged and of the offense committed m1.Lst be
made. If the administrative offe use found to lla'.re 1. Culpable violation of the Constllutlon ;
been actually committed is of lesser gravity than 2. TTEHSIII NI
the offense charged, the employee cannot be 3. Bribery,

considered eiconerated if tile facial premise for 4. GraftanO Corruption;
the imposition of the lesser penalty remains the 5. Gther high crimes; and
same. The employee found guilty of a lesser 6. Betrayal of public :rust (I98? Constitution, An; I L
offense may only be entided to back salaries Sec. 31
'udten the offense actually oomrnitted does not
carry the penalty of more than one month NDTE: The enumeralinn is exclusive.
suspension or dismissal fcsc if. Ernie, de. No.
187858, August 9, 28111 Eulua II IL* viulaiinn of the Cullstitu1:luo
Enfold faifli v"4 CHA rlilallnw=mrlp It refers to wrongfuL intentional or willful disregard DT
flouting ::lf&1e fundamental law. D-l:l-vinusl.1,r, the act must
Every public cIFlidal is entllled to the presumptlan of be deliberate and mu1:l1.rated by bad fsjth to esnstllute 3
gddd faith in the discharge of dfflcial duties, such that, ground for impeaehnlenL Mere mistakes in the proper
in the absence of any pmaf that a public cfflcer has cnnstruedan of the E1:l»ns1:ltulill:ln, cm which smdems of
acted with malice or had faith, he should nut be law may sincerely differ, eannnt be et-nsidered a 1.l'alid
charged with personal L1ablllt5.r far damages that Inlay ground fur impeachment.
result from the performance of an dMcial duq,r. (Lance
vs CON ca..|I|||',|j. 21 ?I85l. A.IJi'H 18. 201 PJ Betrayal of public crust
Under the circumstances, the petitioners albeit This refers to "acts which are just short of being
-officials of1:he mwss, were not members of the E-oard criminal but constitute gross Eaitblessness against
of Trustees and, as such, could not be held personally public trust, tyrannical abuse of power, inexnlsahle
liable for the disallowed beneEm by virtue of their negligence bf duty, faroridsm, and g:ro9 exercise of
having had ]"lD part in the approval of Me disallowed discretionary powers." Acts that should constitute
beneii13. In sum, the reclplems of the benelI:lL'»: - betrayal of public l:l'ust as to warrant removal hum
_ufli cials and employees alike - _were not liable tp ofEee may be less than criminal but must be attended
refund the amounts received for having acted in good by bad faith anO of such gra1.rltg,r and seriousness as the
faith due to their honest belief that the grant of die other grou nds for impeacl'LnlenL [Gonzales Hf in. Oj]I'ice of
beneiila had legal basin {.M'ehropoiitan I-Vr:rten»\rorks the President, as Ho..I9623/, September 4, 2l5ll2}'
and Eeweroge System v. CON. on No. 2I?I89.
Houem-iJer21, 2019 A new ground was added as a l:atd1-all to -l:n'.rer all
manner of offenses unbecmning a public Eun¢:1:innarjl.r
lmnrammrnr but not punishable be* criminal statutes like [B]T]:
It is a method of national inquest into the conduct of 1. Inexcusable negligence nfdutyr

public men. It is an extraordinary means of removal z. T5fram1lr:al abuse of authority."
exercised by the legislature over a selected number of 3. Breach of official duty by malfeasance or
ofEclals, the purpose being to ensure the highest cane misfeasance, r:r::n.1.rism. fa'un realism. nbstruetl-nn of
in their lndictrnent and conviction and the imposition duty. (Snug, Plbiiipplne P'l::IHN4:'.l:r1l MW]
lfspeclal penalties in ease of finding a guilt, taking into
amount the degree ar nature of the offense committed Status in the impeachment prurcss [2012 BAR]
and t.l1e high §3tus of the vwongdoers. l'Err.rz :md Ein;
Phlll,pp.lne Pollticol Low. 2914-j Etlnstittllitin prmrldes that Me House of
Representatives shall have the actlusim-'e power la
Impeachable nffincrs initiate all eases of impeachment. l"198? E4:1-nstit1.rtaarl.,
.d_r1l.xi;
1. Presldenl;
z. Vice-Fresldenl; 1. In.l'th::l'rll::lg' Impeachment ms-e
3. Members of the Supreme Court; 3. 'llfet'lfled enmplalnt filed by any member of
4. Members of the 'l:Innstllu1:1 on al Cnnlnllsslnns; and the House of Represelllatlves -nr any citizen
Dmbudsman. upon nesulultiun of endorsement by any
member Unereaf,
NBTE: The enumeration is exclusive. 4"198?
IS'nn:titutlnn. Arr. XI Ser. ZN
15?
MUTE: If the verlEed cnmplalnt is med by at In Me discharge of that power and in the exercise of
least 1.I"" of 31] i13 members at' the I-Inuse of H3 discretlort, the House has formulated determinable
Representatlves, the same shall institute QzandarOls as to farm and substance of an
the Artlcles of Impeachment, and trial by the impeachment complaint Furthermore, the
Senate shal] Eurthwith ptuceed. I458? impeachment rules are dear in echoing the
Constitution, Art XI, Sec 3 {4}j constitutional reqLdnemen13 in providing that there
must be a "verltled complaint or resolution" and that
h. Inclusion in the order of business within 10 the substance requirement is met if there is "a recital
session days; of facts constituting the offense charged and
Referred to the proper committee within 3 determinative of the j1.Lrlstllct:lon of the committee."
session days from its inclusion; (Gutierrez v. House of Hepraentotiues Eommlttec on
d. The committee, after hearing, and Br justice, ER. Ho. 193459. Fehmarj." /5, am I]
maioritjr vote of all its members, shall submit
lla report to the House of Representatives Pnwcr of the* HnR to detcrmimr the sllEI'i1:i4mcv Ni
together with the corresponding resolution;
E. Placing on calendar the Committee
resolution within ID da.=,is from submission; It is an exponent of the express 'CD nstttutional ,grant of
Discussion on the floor of the report; and rulemaking powers of the HoR. In the discharge of
g. A 1.I\ote of at least UP of all the members of that power and in the exercise of iTs discretion, the
the House of Representatives shall be House has formulated determinable standards as to
necessary e:ither to affirm a favorable form and substance of an impeachment ooniplaint
resolution with the articles of Impeachment Furthermore the impeachment nu]es 3.t'*E clear in
of the committee or override iN contrary echoing the constitutional requirements in providing
resolution. H1987 Constitution. Art XI, Sec 3 that there must be a "verified complaint or resolution'
r2-31; and that the substance requirement is met if there is
"a recital of far constituting the offense charged and
2. Trial and Dei:8J'a»n In Impeuchm end proceedings -determinative of Me jurisdiction of the comnlittee'.
l'Gr.r tllerrez v. House of Representatives Committee on
3. The Senate-rs take an l:lath ar afflrmatinn, justice 1tJId.}
and
l.iMHHnn1 impnlpd l'l'¢' IhP Iinwrlitutinn upon the'
l'Il\DTE: When die Presldent of the
Phlllpplnes shall be impeached, the Chlef
Iu s tl c e o f the Supreme Court shall pr eside, 1. The House of Represenlatlves shall have the
otherwise the Senate President shall preside exclusive pa-wer to initiate al] cases of
in all dlhei' cases of lmpleachment [Senate iml:lear:]'Lmenl, and
Resolution No can;
2. Hot mom than one lmpea-chment l:rrn-ceedlng
b. A dedslun of conviction must be incurred she]] be initiated against the same o f f i ci a l within
in by at Ieasl 2,r'3 of all Lhe members of a p e r l e nfune year [Due-year her nu[lc].
Senate.
N D TE : A n impeachment ease i s t h e legal
]'!H}TE: The power to Imp-each Is essentially a nan- controversy that must be decided by the Senate
legislative prerlol8a1:lve and can be exercised by while an Impeachment proceeding is IIIIZ1E that is
Congress only within the llmlls of Lhe authoriqr initiated in the House of Representatives. For
oonforved upon II bi' Me IEons1:itution. [Gutierrez Y. purposes of applying the one-3-'ear be: rule, the
House -o,fRepresentotiv-eo Eommittnwe o n l'r.r5ti4:'e. 8.8. No. proceeding is initiated DT begins when a 1.rerifled
193459. Fehmofjv 1.5. 201 I] complaint is Illed and referred to the Eonirnittee
o n justice for action. {Fmnrfsro '|.". House as'
The Senate has the sale power m t r y and d e ci d e a l l RapresentoI.1v4l et of., is. No. 169261, November
eases of lmpear:hmenT_ I"I98'F Constitution, A r t XL Sec. 10,2oc:rs)
8'[EI]] I-Ienoe. Judgment in an impeachment proceeding
is normalljr not subie-et to judicial review. Imper-chmcnt is d-cum-cd initianed
KPN: Court: may annul the proceedings IF there is a A verified complaint is Filed and referred to the
show ing of a g':'a1.-'e abuse of diserletlon or non- Commlttee on lusiice for action. This is the initiating
eonlpliance with the procedural requ1nemen13 of the mep which triggers the series of steps that follow. The
Eolutlludon. term "to initiate" refers to the filing of die
impeachment' complaint coupled with Eongwss'
l1¢'tplrminarinn nt euflifitmwf of form and tailing lnllial act:lon of said complaint. (Francisco u.
House oJI'R»2p._ on Ho. 160261, Not. ID, zoos;
An exponent of the express eonstllutlonal grant of Her-war her rule {2IJ14 BAR]
rulemaldng powers of the House of Represenlatlveo
PDLITICAL LAW
I:]n1:e an impeachment mmplal]it has been initiated in An impeachable nflicer who is a member of the
lite foregoing man her, another may nut be filed Philippine bar cannot be disbarsed Erst w'j1imLLt being
against the same nftieial wiLhlll Me one year' period. impeached. {,lfar'que 1-l'. Desiertn, AE Na 4589,
['IGutierrea' u. HER Committee an justke turd.; Del:ember5, 1995]
NDTE: The lintitatlon refers to the element of time, [u-:li-cL=l rf'u'ipw in imp-r=u"hmpnt prn-cp¢t~:ling'-I
and nut the number of complalms. The impeachable
officer should defend himself in only one The precise role of the Judielary in impeachment cases
impeachment proceeding, so that he w'lll not be is a matter of utmost importance m ensure the
precluded from performing his oMcial functions and effective E1.Lnr:th:ln1ng of the separate branches while
duties. Slmllorly, Congress should run only one presersrlng the structure of checks and balance in our
impeachment proceeding so as not to leave it with gcnrernment. The ams of any branch Ur
little time to attend to its main work of law-making. instrunlentalit'j,-' of the government, including Ihnse
(Gutierrez u. The House of Reprwentatiues Committee tral:1it:l1:llna]]1.r entrusted to the pnlltiea] departments,
on justice, uno.; are proper subjects of iudidal review If tainted with
grave abuse Cr arbitrariness. ffhiefjustice r..Sennta
Purpose of the nnbvcar bar mic an His. 280242, ,fury 1F, 2012]
1. TCI prevent undue or [DD h'eqLlent harassment In I |': I

and
2. To a]law the legislature to do it! principal task of It is an exemption that a person DI' entIt3.f envoys h'om
legislation. {.F'ncrm:'.fs4:'n v. House nf 8sp.l"asantntiws the normal operation of the law such as a legal duty or
sr.rpm._] liability, either erinna] or l:i1.l'll.
The consideration behind the intended limitation lm111Ilnit'lr of l:l"h'l'i¢' aflicvfifrnm liahuifil-= to in-fl
refers to the element of lime, and not the number of .'|1Irq|1.nq
coml:+]ain13. The impeachable officer should defend
himself in only DDE impeachment proceeding, so that It is well settled, as 3 general rule, that public oMcers
he will net be precluded from performing his offlcla] of the government, in the performance of their public
functions and duties. Slmilarly, Congress should run fl.Lnctlons. are not liable to third persons, either for me
only one impeachment proceeding so as not to leave it misfeasances or positive wrongs, DI' for the nun
with llttle time to amend to 113 main work of law- feasances, negligence, pr emissions of duty of their
maldng. The doctrine laid down in FifonclSro that ofEciaI subordinates it-icfowhy u..*1.i'd'-obese, is. No. L-
initiation means filing and referral remains congruent is?ri Homan 5. I'92.8'j
to the rationale of the oonstltutional provision
[Gutierrez U. The House of Representatives t`.'o»mmlttee
on justice so,pro}
It pmm-otes fearless, 1.rlgorous. and eFfective
NDTE: Ingress may look bantu separate IL'umpIaln13 adntlnlstratlon of p-olieles of go1.fernme]1L The threat
against an impeachable officer and consider the of suit could also deter competent people h'om
lnelusinn of matters raised therein, in the adaption of aclceptl fig public once.
the Articles of Impeachment {Fmndsm H. House of
Rep.r'esenmotives, eL al, supra' The immunity of public oEI'lcers from 11EI121-ll1tjl' for the
non-feasanoes, negligence or omissions of duty of
El'fpft'4 of cnl1\fi»:1'inn in impala-rhmrnt [2012 BAR) their of-clal subonclillates and even for the latter's
11-D-R] mlsfeasanees ar positive wrongs rest upon obvious
considerations of public policy, Use necessities of the
1. Removal from ufliee; service and
p1.LI:l]lc the pe1'pleH:il:ies and
2. Disqualifieatin]l to hold a n y p u r e r uEflr:e under embacrassmenu of a contrary doctrine. punerru
the Republic l::f1;he Philippines; and Reyes, Wilfredo B. Homo-Dog and Herminia c Frinci.oio
3. Party ennvleted shall be liable and subiecl to of. Rump Bunk of San Miguel l'§uiocanj,, Inc, ER. Ho.
trier] a n d punishment aeennding
prll:llse1:u1:i1:l»n. in 154-499, Feinrunrju 252 2004;
l a w . 1/98? Cnrlstitunfnn, ArL Xl, S e n 3 (by
Q: Can a Supreme Bunn [ustice be charged in a

criminal case DT disbarment proceeding instead -of This dbetrlne is applicable bnlyr whenever a public
an impeachment proceeding' is in the performance bf his public functions
bf t iee] '
D11 t h e other hand, t h i s dbc1:l'ine dues not a p p l y
A; HG, because the ultimate effect of elder i s t o whenever a public bMcer acts butslde the s c o p e afhis
remove him from DUE-Ce, circLLm1.renl1ng the prcvisi-an public Eunctlans
an removal by impeachment thus 1.r11JIaling his
3»eeurit'.g,-' o f tenure. [In Re: First J'nd¢';|rsementJIif'um- Hon. NIJTE: A public nM1:er enluys only qualilled, NDT
Haul' Gnnzaf ez, AM. Nu. 8a-4-5433, APISH /5, 1588] a b s o l u t e immunity.

l1i'»:til1c1-inn hump-rn mufti-rinl immunity from Staff' 1. The lawful acts, so far as the rights o f t h i r d
. .
persons are concerned are, if done within the
scope and by the apparent authority of the oEflce.
1'rramunat.]." o,l"puhJ'fc ojjl|:iciofs is a more limited princl le are co residered valid and binding;
than go1.fe1'11menta] immunity, since HE purpose is not 2. The de facto officer cannot benefit from his own
directly to protect due sovereign, but rather to do up status because public po]lclr demands that
only col]atera]ly. by protecting tj'Le public oMciol in unlawfu] assumption of public of flee be
the performance of his government function, while, discouraged;
the doctrine of.S'tote !mmr.rniry principally rested upon
the tenuous ground that 'Lhe long could do no wrong. NDTE: The general run is iiial a de facto niiicer
It serves to protect the impersonal body polllic or cannot claim salary and ether cnmpensatinns Eur
got.-*ern rent itself From tort Ilabillty. serurlces rendered by him as sudi. However, the
officer may retain salaries collected by him fur
s TATE ] M [UNITY services tendered in grind faith when there is on
ciejurc -n-Eiicer -clajmlng the office.
Princupie of Concept: at Munud pai
[nternaticmal Law. Law.
3. The de facto aFEeer is subject to the same
.Mailed of by States Availed 0fby l:l uh] lr:
liabilities imposed D11 the de jure refUeler in the
against an illternal'lmlal officials against the
discharge of nflielal duties, in ad d i ti o n to
cl;~u:lt DJ tri burial. n1i:ml:u:]s of tiirr public.
whatever special damages may be due from him
The purpose is to To protect the public
because of his unlawful assumption ufeliiee; and
protect the asset of the nMeial from liability
4. The ar:l3 of the de ,Fai-:ra pu bile uffieer, insofar as
State from any arising from negligence in
they alTei:t the public, are valid, binding and with
judgment. the perfnrmanlze of his
ful] legal effect.
dlscretlnlla duties.
l'¢1allllpr tw whim rMl1PH£P In 4 rlf* [afro nffk'p ii
r44JTE= When public nffl-l:lals pure]j.r
perform
ministerial duties, however, they may be held liable.
may:
_Ili'-1l':£flrlli5lllrf2f.ll'.:I:fll'I:l'lll'=lrl~'_ 1. The lnrLLn1l:llenq,r may not be

rnllaterally DT in an and-an to which the de farm
challenged
nfiieer is net 3 party;

i'l.p l]llr.p nftivrr
2. The challenge must be made in a direct
proceeding where 1:iTle to the nfflee will be the
A de [ure nflicer is one who is in all respects legally
prlnelpa] issue, and
appointed pr elected and quallhed m exercise the
3. The auMnJ'imd proceeding is qua wurmnm
office.
either be 'Lhe Eniidter General in 1:he name of 'Lhe
Republic nr is any person elsjming tide in die
De fncm nffiter [znnn, znn4, zoner, zum BAR]
nM-ee.
A de,Fo'cl'o oMeer is one who assumed office under the
Q: Ross ran as congressman of Cagayan province.
color of a known appointment DT e]ect:lon but which
His opponent, Paula, however, was Lhe one
appointment GI' election is 1.r-old far reasons that the
proclaimed as the winner be the EDMELEC. Ross
officer was not eligible, at that there was want of
Filed seasonably a pmnesr before the HRFT. After
power in the electing body, or that there was some
two years, the HRET reversed the EDS-'IELEE's
other defect or lrregularlt§.r in lLs eserclse, wherein
decision and Ross was proclaimed finally as the
such lne]lgll:dlitJ.r. want of power, or defect being
duh' elected Eongresslnazn. Thus, he had only one
unbmown to the public.
year to sen'e in Congress.
De jure nffincr vs. Drs [Nan nffitc-r

1. Ean Russ e-nllect salaries and allnwanees from
line gevermnent for line Erst two years of his
term as Congressman?
Has lawful title m thr: Has pussessin]i of and 2. Slinuld Pauli nehlod to the government the
afficc. performs Me duties under salaries and allowances he had received as
31 cniurable title without
Congressman*
being technically qua]iEie-:1
3. What will happen to the bills that Paula alone
in all points afiaw to act
autlmred and were approved be die Hn R
Holding of nfticE Holding of nfticI: rests i n
while he was seated as Congressman* Reason
rests un right 1lIIIILll:3Ii.l'J]1. and explain brieiljf.
lJfti4:43r cermet br; Clfticcr may be ousted in 3
removed through a direct ptuceedi]lg against FL
direct prnceedlng him.
[qua wnn'anltn]. 1. ND. Hass cannot collect salaries and allows rices
from the government for the Ilrst two years of his
Effects of the nets nfdc farm public nffincrs term, because in the meanwhile Paulo collected
the salaries and allowances Paulo was a de facto
PDLITICAL LAW
officer while he was in p-ossesslon of the once,

To allow Ross to collect the salaries and
allowances wlll result in malting the government
payraseconddme. ilunuphes with TJ1e 3 el em -n u Takes posse-sslr:u1
of a de fure uRi4:er, namely: of an l::IM\:e and
HG. Paulo is not reqLdred to refund to the
dues nl'filL'1a] a m
government the salaries and allowances he
1. Existence o f a de .lure without any actual
received. As a de facto olTice:r, he is entitled to the
office; DT apparent
salaries and allowances because he rendered
2. Must passes; the legal aut.hnrit'y.
services during his incuntbenqr.
quallEeat:luns for the
3. The bills which Paulo alone authored and were office in questlnll; and
approved be the House of Representatives are 3. Must have qualitled
valid because he was a ds facto oncer during his himself to l:»eJ'form the
lnoumbenqr. The acts of a de jilcto oEl'lcer are duties it' such nffiee
valid insofar as the public is concerned. aeeuvding to the made
{RodrJ!l.;l'uez v. Tl:m., as No. L-3913. August .72 1952] prescribed by law.
Recnverv it' the salad' received be 3 de [aero

uffieer duringa wrongful tenure Has cnlur of right 'DT USE to Has 1191then cnlnr of
uFFlr:e. right DT 1:1112 m
As a rule, Me rightful incumbent of the public olT1-oe aM1:€_
may recover From a de ,facto oltioer the sale rles
received by the latter during dte time of the ]otter's Acts arc rrmdcrnd valid as to facts arc absolutely
wrongful tenure even though he entered into the the public until his USE is void.
office in good faith and under a colorable title. The do adiudgcd insufiici enL
facto officer takes the salaries at his risks and must
1i\ereEore aceo unt to the de jure oncer for the ER: The rightful lncumhent of Nut entitled [1]
amounts he received. However* where there is no de a public office may recover cnmpensatinll
.l!r.rr-2 officer, a 4:1'e,E:lcto otter shall be entided to the from an oncer de ,focta the
salaries and emoluments accruing during me period salary received h],r the ]after
when he actually discharged the duties. l"!l-fonrojr u. CA, during the time of his tenure
Its No. I.-2."3258,juJ'y 1. 156?1 e'I.re11 t.houg]'l he entered into
the office in good faith and
NDTE: In .F-I'-crnraj.-' v. EA, the Supreme Court said Lhat under calc r of title.
812 84:l»dr1lg'uez ruling cannot be applied for the absence
0ffactual and legal similarlliu XIAN:
Where there is [10 de .lure
F11pl1-"p Fri :Fr H111-'* fln~f'trinp puhllr: officer, the officer de
facto who in good faith has had
The de facra dm':tl'ine has been formulated, nut for the w§esslon of the office and
prdtecdun of the de ,facto dicer pri]1l:i]Jall.[.r. but has discharged the duties
rather Eur the pmtectlmt of the public and individuals pertaining thereto, is legally
who get Involved in the nffleial anis of persons entitled to die emoluments of
disachargiltg the duties of an deice without being the once. and may, in an
lawful aMI:eI5. appropriate action, recover the
salary, fees and other
Q: May the salary al' 9 public officer nr nmplnynn compensations attached to 1:he
be subiert in garnishment? Wlljr? aflice. (Gen. Manager,
Philippine Pow »1uthorJ't}r '|.".
A; NB. It may nut, by garnishment, attachment, nr Honserote, are No. I2'5ld/15.
nrdei nfeiceeutjun, be seized Perjure being paid to him, =4,prH 17 2m2l
and appropriated in' the payment ui his debts,
because of the failpwdng neasuns: -5.11=lMI..'I=lllhl5llI:llluaI»d'-.{l:luMlhI5
1. While it is sl1II in the hands of the disbursing M-:Hifi of tp1rrllin=1ti*1E nftirial rpla\inn*~hiu'4
officer, it belongs m the government;
2. Public policy Eorblds such practice since it would 1. Expiration of term or lenuoe,
be fatal to the public serirlce; and 2. Reaching the age limit for retirement;
3. It would be tantamount to a suit against the State 3. Resignation;
in its own court, which is prohibited, -Except wld: 4. Recall;
113 co nscnL 5. Removal,
6. Abandonment;
IMP F'l*"!'fI nftivrr "4 llwrnrr T. Acceptance of an Incompatible oR3ce;
E. Abu] ltion of office;
9. Preocrllntion of the right to once;
161
10. Impeadiment; officials.
11. Deadi,
12. Failure to assume affine; l1nlrl1'ti'iy Rr~<i:!I1ati»:m
13. Enmdclinn -of a crime; or
14. Filing of a [LDC It cannot properly be interpreted as resignation in 'Llle
legal sense for it is not necessarily a nelleetion of a
HDTE: App-nint1'.re nffielals, aetl1.re members of public olTieia]'s intention to sLLJ'render his posltiort
the Armed Forces of the Philippines, and -officers Rather, it manlfesln his submission to the will of the
and employees of the GDECs, shall be resigned political authn:l'it5f and the appointing power. (Ortiz Ii
from his affine up-un the filing of his E011 [Quinta eomateti no No. F3952 .Lune28, wee;
II CQMELEQ Fei'an.rl:lr}r22, 201q ER. Na 13545931
Q: During the May 1998 election, petitioner
Efecriue u.;]'i'4:'InLs' shall mndnue to hold nfflce, Sabrina was elected President while respondent
who#LTLer he is running Eur the same nr a different Imolaculate was elected 'lice-President. From the
pnsllinn. [Farr Election: Act, So: 14 expmssly beginning of her term, pet:itioner was plagued hr
repealed BP. 88 881, Sen ISF] juetcng issues that slowly eroded her popularity.
Afterwards, the impeachment t:l'ia1 started and the
Age limit far retirement people conducted a 1l]-kilometer line holding
lighted candles in EDSA Shrine to symbolize their
solidarity in demanding Sabrina's resignation. Dn
lanuary 19, Sabrina agreed to the holding of a
snap election for President. Dn [anuary zu, Chief
FLI.u' mcnlllu:l S it SC and 'FU 3-'cars Qld justice Valentin administered the oath to
iudgcs of in-wer courts respondent Immaculate as President of the
Philippines. Un the same day, Sabrina issued a
UrJv'l 4:»Efic4:1s and cn1play43cs 155 3"'ars old
press statement that she was leaving HalacaNang
Elpliunal retirement Ed] years old and Palace tor the Sal-Le of peace and in order to begin
must have the healing process Ni the nation. It also appeared
rendered at least tllat on the same day, she signed a [letter stating
20 service years tliat she was transmitting a declaration that she
was unable to exercise die powers and duties of
Resigiiatinn {2uun Ban]
his office and diet by operation outlaw and the
Enostitution, die Vice-President shall be the
It is the act of H11.'lun up Ur declining a public office and
Acting President. Are the gels of Sabrina
renouncing th e fur they right to use such office
constitutive of resignation'
indefinitely. I n order to eonstltute a complete and
A: ares. Resignation is not 3 high level legal
operative all of resignation, Me ol:|iicer or enlp]o],ree
abstraction. It is a factual queetlnn and
must show a clear intention to relinquish or
llselemenlsare beyond quibble: there must be an
surrender his position accompanied by an act of
intent to resign and 'Ute intent must be coupled bl.f acts
relinquishment Resignation ln1p]ies of die intention
of relinoulshlnent [totality test). The validity of a
to surrender, renounce, relinq1.Lish the office. [Estrada
resignation is not governed bar any formal
v. Desierto, on No. 146.738. Hooch 2, 2001,l
requirement as to form. It can be oral, written,
express or implied. As long as tjrie resignation is clear,
It must be in writing and accepted b:.' the accepting
lt must be given legal effect. l'Estn:ll:io u.Desien*o, on
authc»r1tjlr as provided Eur by law.
No. I4l5?3'8.. Honztl 2, 2801]
Ar-:'pp1'ir1gaurh¢ri\if*1 fm? rrwignatinn

Rernwl.-'aI
1. Fm appaMiied 1:»M11e]'s. the lender fif hesignatinn

It refers m the fl::re1l:l]e and permanent separation of
must be ,given to 'Lhe appointing authority;
the lneumbent from ogee beftme the expiration of the
2. Fur erected nfflclers, tender to air:leJ' autllntdzed
public nMeer's term. {FerJ'n. je u. Mrrnn, ER. Nu. 8196.
by law to call an election to ml the 1.l'al:3nq.r. The
August 8, 1539;
fallowlngaulhurlzed cnfflcers ave:
3. Respective chambers - For members of Enwall

Congress;
It is an electoral mode of removal employed direedy
b. President - Far governors, Wee-governors,
by the people themselves through the exenzlse of their
mayors and floe-mayors of highly urbanized
clues and independent c-omplment cities, right of suffrage. It is 3 politleal question nat subject to
judicial review. It is a political question that has to be
Prolancfol governor - For municipal mayors
and Edee-mayors, city mayors and Wee- decided by the people in their sovereign eapaoltjr.
{Evonne v. EDMELEE, ER. No. 94018, December 2,
mayors of corrrpone nl cities,
195/]
d. Songgunlon concerned - For sanygunlon
members; and
NDTE: Recall only app]les to Inca] nMcials.
E. Municlpa]/dty mayors - For hamnguy
PDLITICAL LAW
limitarinm on rprall Pucscriplzive pcriud fur puliliuns fn:

rpin'-rt=1*pmpt\t nr rf~pf1vprv of nllhlil" n1"E="p
1. An elective nM1:iaI can be subjected to recall 0n1y"
once; and It must be mstltuted within 12111E year from the dale of
z. Nu recall shall take place warm :me 3"'ar from unlawful reniuval from the UMC; Such period may be
the assumption of nflice nr one year immediately efxnended on grounds of equity.
preceding a regular local electlnn..lfR..=1. Nu. Fran,
Sec. FE Hajj' F'pri¢1rl to t2Ikp the math at nmrr in acid Iailurp to
assume DMCE
HDTE: Fur the time bar to apply, Wie appruaehlllg
Imzal eleetlen must be one where the pesllien el Failure to take the oath of office winn sis months
the -nM-clal t o b e recalled is to be acmally h'nm prnclamatlcnn of election shall cause the vacancy
contested and Filled by Lhe electorate. Mngnhung of the alice UNLESS such failure is far a cause beyond
v. CaN-IELELZ 5.8. He. 12155?6. Hard: 5, 1.'?OFI] his clnntL'clL l"D'EE sol, Ser; 11]
El'fptt of 1'rr==Il1 nu Ihr- lh1"pp-ttrm limit m1 p £2010 Tvrminatinn of nttirial rpla'rinnllliD tlwnw
IE h
Ba n ] l.'nmdlL'I:l'un b'b' Final iudginent
The three-term limit for local elected officials is not When We penalqr imposed carries wilt]'L it me
violated when a local official wins in a recall election aecessury penalty of dlsq=l.Lalillr:at1l::»11.
for mayor after serving three ful] terms as mayor
since the recall election is not considered an l'llln Warrant
immediate re-election, it is not counted far purposes
of the three-term limit Term Limits should be It is a proceeding DT writ issued h].r the court to
construed strictly to give the fullest possible effect to determine the right to use an office, position or
the right of the electorate to choose their leaders. franchise and to oust the person holding or exercising
l"5ocrot8 u. con-rctsc, ER. No. 154512, November 12, such office, position DJ' franchise 1r his right is
2002; unfounded or if a person performed a-ns considered
as grounds for forfeiture of said exercise of l:»osit:1on.
ahandnngmnnr IIIJIJIJ BAR] off]-ce, o r franchise.
It is Wie 1.rolLLnt3r.['f nelinquishrnent of an office by the NDTE: It is cummeneed by a verified petition brought
holder wloi the intention of terminating his in 1.112 name of the Repul:l]lc of the Phillppines nr in me
possession and tontrol thereof. name of Me person claiming to be en1:itled to a public
pfflee or pesltiun usurped DI unlawfully held uc
Q: Dues line acceptance ul' an incompatible aH'il:E exercised b'jlr Ana-ther. [Rules ¢:l1FE'nr.rrt, Rule 66, Sec. II
ipso farm vacate Ulf other?
Nature and 11-umuse ufquu wgrrgnfg
14: GR: Yes.
It lllera]l],r means "buy what aulharlqf" and the abject is
xpt4= WTL-Ere such acceptance is authorized by law. Lu determine Lhe right of a person to the use Ur
exercise it' a franchise or free and to oust the holder
NBTE: It Is cclnl:l'ar],r ta- d'Le pnllcjf of d'Le law d'Lat Me from 113 enjnymenl, if INs claim is nut well-founded, ar
same 1ndl'u1dua] should undertake to perform if he has Earfelled his right to enjoy the efflee. [T-sr3'nf:r
lncnnslstent and incompatible dutlea He who, while no Camels; GR. Nu. 161434, March 3, 2-084]
m:lr.1.LI:l3.r1ng :me office, accepts another Incompatible
with the Rrst. ipfsu facto, abs:-nllLLte]1.r vacates the First Prnurictv of Quo H-'arr-unto as a mode to rcmnve
cfEce. That the second ufflce is inferior to the First an Imueachablc Gfficer
dues nut al"Tel:t the rule.
The language of Section 2, aMole al of the
Q: Dues Me anceptanre ul' an inmml:»aUbI-e ufli-cl: Constitution does not Eoreclose a quo worrcrnto action
II-ertain to its physical in l:-nssibililf? against lmpeachahle oflleers. The provision uses the
permissive term "maj.r" which in status iv
A: ND. The lnoompalibility contemplated is not the construction, denotes discretion and cannot be
mere phyrsleal impossibility of one person's construed as having a mandatory effect We have
performing the duties of the two oboes due to a lack consistently held Mat the term 'may' is indleatjve of a
of time DT the inability m be in two places at the same mere possibility, an opportunity or an opt:lon. The
moment, but that which proceeds from Me nature and grantee of that opportunity is vested with a tight or
neladons of the two 'positions to each other as t o 9 % faculty which he has the option to eseneise. An option
rise to eontrarletyr and antagonism should one person to remove 111.* impeachment admits of an alternative
attempt to falthfulljf and impartialljr dlseharge the mode of elfecting the removal.
duties of one toward the inounibent of the other.
ffanonizndo '|.'!. Agulrw, on No. 133132, February Ii We hold, therefore, that Br# HE tenor, Section 2, Article
2001) al of the Constitution allows the lnstltutl-on of a quo
wurmnco action against an :impeachable oMoer. Alntec
163
all, a qua worronto petition is pnedieated DTI. grounds That poescrlptjon does not lie in this case can also be
disdnet from those of lmpeachinent The former deduced from dte very purpose of an act:lon far quo
questions the validity of a public oftioer's womont-o. People u. city 1.-Wulttler explains that the
appointment while the latter indiois him for the so- remedj.r of quo worronto is intended to prevent a
tailed impeachable offenses without questionizltg his continuing exenzlse of an authorltgir unlawfully
tiiie to the ofl:lce he holds. [Republic vs Sereno, 8.8. No. asserted. Indeed, DTI. p-oint is .Piaopfe U. Bailey Mten it
23?428 Moy 1 I, 2018] ruled that because quo warranto serves to end a
continuous usurpation, ]1'l] statute if limitations
HOTE: The court should be able to inquire into the applies to the action.
validity of appointments even of impeachable officers. Needless to say, no prudent and just court would
To held otherwise is to allow an absurd situation a]]ow an unqualified person to hold puOlic office,
where the appoln1:rnent of an lmpea-chable officer much more the highest position in the Iuldiclaryr. In
cannot be questioned even when, for instance, he or this ease, die Republic cannot be faulted for
she has been determined to be of foreign nationality questioning respondent's qualiiicatlon- for office only
or, in offi-oes where Ear nieinbership is a qualili-cation, upon discovery of the cause of ouster. {Rep.Llhflc vs
when he or she fraudulenltlv represented to he a Serena, on Ho. 2sF4aa Moy II. 2o/8]
member of the Ear. Unless such an officer commits
any of the grounds for irnpeachnient and is actually Duc-1-'car prcscri piivc period applies only to
impeached, he can continue discharging the functions private individuals
of his office even when he is clearly disqualified from
holding it. Such would result in permitting unqualified The Icing line of cases decided by diis Edurt since the
and ineligible public ofhclals to continue occupvlng 19l]I::l's, which specificalllr explained the spirit behind
key positions, exercising sensitive sovereign functions the rule providing a prescrip1:i1.re period for the filing
un1:il they are successl'uIly removed from office of an action for qua wurmntn, reveals that such
'Lhnou,gl'l lmpeachrnent. This could not have been die llmllatlcm can be applied only against 'prlvale
intent of the framers of the -Eonstitutlon. Nord.; individuals claiming rlghfs to a public nEflce. not
against the State.
Presl.'riptian dues nat lil: against die State in Quo
Warrmlrn Prnl*¢'pflirlL'"'.1 Indeed, there is no proprietary right ever a public
-ulr.fice. Hence, a claimed right beer 3 public bffl-ce may
When the Solicitor General himself commences the be waived. In fact, even Cbnstltulzlbnally-prutected
quo wontrnto action either [1] upon d'Le Pnesldent's rights may be valved. Thus, we have cnnslstently' held
directive, [2] upon ooniplaint or [3] when the Solicltor that the lnactlbn of a person c]almlng right ever a
General has good reason to believe that Mere is proof public nfflce te- assert the same IIAritl'Lin the presacrlptive
that [a] a person usurps, intrudes into, or unlawfully perlbd provided by the rules, may he considered a
holds or exercises- a publlc ofl'Lce, posltlon or waiver of such right This is where the difference
franchise; [b] a public officer does or suffers on act between a qua wurrbntn Eleti by a private lndi1.rid1.lal
which is a ground for the forfeiture of his office; or [c] as eppbsed to bne med by the State 1:hrnugh the
an association acts as a corporation without being Enlicitur General lies. There is ne c]a:im of right ever a
legally lnoorporated or without lawful authority so to public cl-Eflce where it is Use State itself, W'nugh die
act, he does so in the discharge of his task and Enlicittlr General, which files a petltibn Eur Que
mandate to see to lt that the best interest of the pul:IL1c wumtmt-b to question the eligibility bf the person
and the government are upheld. In these three hblding the p1.Lbllc bfflce. As We have emphasized in
Instances, the Eolicltor General is mandated under the tl'Le assailed Declsien. unlike {Ibnst1tutibna]l3.-'-
Rules to commence the necessary quo worrrzrnto protected r1.gl'Lts, Eonsltitutionally-required
petltio n. quail flcations for a public olilice can never be valved
elther deliberately DI' Br mere passage of time. While
When the government is the real party in interest, and a private individual may, in proper' Instances, be
is proceeding mainly to assert its rights, there can be deemed to have waived his or l'Ler right :her tide m
ND defense on the ground of lashes DI' prescription. public oliflce and,r'or to have aoqulesced Dr consented
Indl.Ll:dIabl_if, the basic per:lndp]e that 'prescription to the loss of such right, no organized society would
does not lie against the State' whloh Ends textual allow, much more a prudent court would consider, the
basis under Article 1108 {4] of the Evll Code, applies State to have waived by mere lapse of time, its right to
in this ease. uphold and ensure compliance with the requirements
for such once, fluted by no less than the -Eonstitutlon,
Ju flaprudence across Me United States likewise richl]l.r the fundamental law upon which the foundations of a
reflect that when the Solicitor Genera] files a qua State stand, especially so when the government
wnntrnto petition in behalf of the people and where cannot be faulted for such lapse. [Republic vs Sereno,
the intenesls of the public are involved, the lapse of ER. No. 23?'4»28.j1JtJ-e is, 2818]
time presents no effective bar. Aptly, in State ex rel
Stovall u. Metreleje lt was held that a quo wnrrnnto Gun wrlrr-'win uwdpl" Rulr- as ac. Dun wrrrrnntn in
action is a go1.re1'11rnental function and not a prolprlety electoral urnccc-dilmgs
few nctlnn, and therefore the doctrine of Iaches does not
apply.
PDLITICAL LAW
_Hal'l!ul=l=hllJlfLI
The Issue is Lcgallty -of 1J11: Tllc jssu.-2 is el.jg,jb;llLy of
The Chairman and the Enmmlssi1:mers shall be
apl:¢0inted bl.f the President 1.»'.dTJ:\ the ennsent of d1e
occupancy of the affice be Use person elected. Enmmissian on Appninlmenlx for a term of :maven
vi1'tLLe of a legal yelcrrs l.wUt4:rr.rt reuppnlnmient
app1JintmenL
Grounds: usurpation, Grounds: ineligibility nr NIJTE: Appdintrnent to any vacancy shall be nn]y fur
fnrfeiuire, nr illegal di5qua]lEcatlm1 m hold the unexpired term of the predeeessdr. In no ease
assnl:ia1:i-nn. [Rules 0,t' the Africa. (DEG Sec. 2531 shall any Member be appointed or designated in a
Court, Rule 66, Ser: In temporary at aetlng r:apar:ltl.r. 1198? Constitution Art
Presupposes that the FcTJI:inn must bl: tiled rx-8, Ser; I{2.'.Jj
respondent is already within II] days From 1111:
actually holding office and p1'm:lamaliun of the fIIT=l*it?r=1li=::-In
action must be candidate.
commenced within one 1. Nam re] -born citizen :
year From cause of ouster 2. At Jeast 35 jreacs old at the time of appointment;
or from the time the right 3. With proven capacity Em' public administration;
of petitioner to ]'Lo]d oNce and
arose. 4. N o t a candidate in any election intoned iatelyr
Pe ti tl n l l n r is l:lr:1'sm1 Pcti1:inne1' may be any preceding the appointment. [1'El'ET Constitution,
e n ti tl e d m office. water even If 114: is nut Art Ix-13, Sec 1{1]J
entitled to the office.
Person adjudged entitled Actual or cnmpensatary Di4qll=liHrarinn1 [EAC]
to the afNele may b r i n g 3 damages ave recnverablu
1. No candidate who has Last in any eleedml Si:ai].
separate action against in qua 'l.'l.-!E1i'TIT}]'[l£I
within one year after s1Lu:]1 ele~l:dl::l]1. be
the L"E5PD:l1dEllt m recover p1'll:loeedlngs under the
appointed m any dfflce in the Government of
damages. (Rules no' Eourt. DEE.
any EDEC DT in any of 113 subsidiaries; use?
Rule 66, Sec. 11}
£'nnsIftutif;ln, .lift fX-81 See 6J1
NDTE: If the tllspute is as to the taunting of votes or 2. Nu Elective racial shall be eligible for
an matters connected with the conduct of the election, appointment or designat1a»n in any capacity to
quo wormnto is not the proper remedy but an election any public nM1:e or ]:msi1:1an during his tenure;
protest (Hester u. Eomld'o, on. Ho. 3o?o5. MemO 2.5, H98? ISnns'Lftut1nn. Art :x-8, Sec. 5T1}f [1995,
1929] IDD2 BAR)
_1HW1I-*=li*M*=_ 3. Unless otherwise allowed by law or 'by the

primary functions of his position, no Appointive
The El'l.riI Service embraces every branch, agenqf, official shall hold any other of hoe or
subd11..r15lon. and instrumentalit'y of 'Use goverrLn1enL employment in the Government or any
including e'uer.8r go1.re1'11n1ent-ow'11ed DT eomrolled s1.LI:lt1i1.-'is1on, agenq,-' or instl'II.Lrnenta]ity thereof
corporations wlhether performing governmental or including G{lE~Es or their suhsitiiarles; 1198?
proprietary Functions. [15l8?' Eonstlltr.rr.Fon .urL IX-81 Constitution, Art IX-815ee F'{2,i'l' and,
Ser; EFLU
4. Nu nfflcer nr employee in the E1vi1 serurlce shall
engage, directly," or indlvevrdy, in any
electioneering or partisan l:"-1"lit:l1:a.l ar:li'u'it'j,r.
8198? Et::lstiruHnn. Arr. Dc'-8, Sen 2[4j_l'
£n11-ztitllliclual F u11{'1-i uni of flu' CEC
Elassiiicatiun
As M12 l:~ennral personnel agency of do gcruwernment, i t
1. Cancer Eermflce, and
1. Establishes a career senrlce; 2. Nu n-Mreer Servllze.
Z. Adopt measures to promote morale, efliclenq."I
i n te g ri ty, responsiveness, progressiveness and Carter Snnri-ce
courtesy in the Elvll Service;
3. Strengthens the mer113 and rewards system; The Career Service shall be characterized by {1]
4. Integrates all human l."E§lIILll'CE§ and development entrance based o n me ri t and fitness m be determined
p ro g ra ms fo r all levels and ranks; and as far as practicable by competitive eaamlnatibns Cr
5. Institudonaljzes a management climate based o n highly technical quali flcatlnns; [ 2 ]
conduclre to public accountability. [198'? ::llil::lclrl:l.Ln1t5.r Eur advancement to higher career'
Eonstltutlon, art. lx-8|| Sec. 3 ] |i41sltinns; and {3] sel:LlrltJ.r of tenure.
Composition of the CSE '['11r- {:qr"pm" ?ipr'¢'irr '4h=11l in-:Indra
1. Chairman; and 1. Dpen Earner pnsil:11:lns 3.l'*E Umse Eur all:l-ointment

3- TWO Egnlnugglungrg to which prior quallhcatlnn in an apprnprialr
examination is veuuired;
165
2. Elascd' Career positions are these which are 2. Department Heads and other officials of Cabinet
scientific nr highly technical in nature; these rank who held posltlons at the pleasure of 'tlle
include Urie faculty and academic staff of state President and their personal DI' confidential
colleges and llni1.-'eJ'si1:les., and scientific and staff;
technical pesltians in scientific nr research 3. Ehalrman and members of commissions and
institutlnns which shall estahllsh and maintain boards with fllred terms of ofllce and their
their own merit systems; personal or co nftdential staff;
3. Pasida-ns in Ure Career Executive Service [CE5],
4.. Contractual personnel or these whose
namely Undersecretary, Assistant Secretary,
employment in the government is in accordance
Bureau Director, Assistant Bureau Director,
with a special contract to undertake a specific
Regional Director, Assistant Regional Director,
work or job, requiring special or technical skills
Chief of Department 5'»er1r1l:e and ether nltieers of not a1.rallabIe in the employing agenq.r', to be
equivalent tank as may be identified br die
aocompllshed wlthln a specific period, which in
no case shall exceed one year, and performs or
Eareer Exeeuti1.re Sewlce Beard, al] of whom are
a-ccomplishes the specific work or job, under his
appointed Br the President
own responsibility with a minimum of direction
and supervision from the hiring agent,-'; and
HDTE: Fur a puslliull to be considered as CES,
5. Emergency and seasonal personnel.
a. The position must be among those
enumerated under Bank '!l.i', Tltle I, Subtjde Ji, r.1 =1<~1p< of 11¢1'-ririnni in *lu* Earppr Fitrvin'
Cha pier 2, Seeliun Tm of We Ad ministraliue
Cade of 19B'? or a pnsitla-n -of equal rank as 1. Classes of pusitlans in the :sneer service
those enumerated and identified by the EESB appointment to which requires examlnatinns
to be such pnsidon nfequal rank; and she]] be grouped into three main: levels as
b. The he-Idel' of the pnsi1:il::ln must be a follows:
presidential appointee. {Senores HL Scrblda,
GR. ND. 172.902, 0'croher2I, 29151 3. The First level shall include clerical, trades,
crafts, and custodial senrl-ce p-osltions which
Requisims our 9 EES cmpluytf to acquire involve non-professlonal ar sol:-professional
security U] tenure: work in a non-supervisory or sul:¢er1.-'isory
capacity requiring less than four years of
'EES eligil billfjfi and collegiate studies,
it. Ap]J::1nM1e11l to the appmprlale h. The second level shall include professional,
CES rank. l".'§eneres v..5'l:lhad4:r, Ibilij techn lcal. and scientific positions which
involve professloilaL technical, or scientific
4. Eareer officers, other than Mose in the Career work in a non-supen.-'1sor.;.r or sul:¢er1.-'isory
E::ecL1ti1.-'e Service, who are appointed by the capacity requiring at least Four years -of
President, such as the Foreign Service Elfflcers in college work up to Dlvlsion Ehief level; and
the [lepartrnent of Foreign AEl'a1rs; The third le1.rel shall E'Cl'!ll"El" positions in the
5. Commissioned officers and enlisted men of die Career Executive Servlce.
Armed Forces which shall maintain a separate
merit system, 2. Except as herein o1;herw'is)e provided, entrance to
6. Pel'sonllel of government-owned or -controlled the Hrs! two levels shall be through competitive
corporations, whether performing governmental examinations, which shall be open to those inside
or proprietar.5f functions, who do not fall under
and oulslde 1:he serudce who meet the minimum
the non-career seruice; and
oualiflcation requirements Entrance to a higher
jr. Perinanent laborers, whether skillEd, semi- level does not require poevlous qualification in
skilled, or unskilled. the lower level. Entrance to the third level shall
be poeocrlhed be the Career Executive Service
T"l=11'1-"la1"p-'1" 1p~"rTI:.e Board.
The Non-Eaneer Service shai] he l:i:aJ'al:teri2,ed hj.r [1] 3. 'Within due same level, no civil sen-dee
entrance on bases other than those of the usual less examination shall be required for promotion to a
of merit and Illness utilized for the career ser1.rl1:e; and higher position in one at more related
[Z] tenure which is United to a period speelfled by oecupationai groups. A candidate for promotion
law, or which is eolerminous with that of the should, however, have previously passed the
appointing au'thoritl,r or suhjeet to his pleasure, DI' examination for Mat Jewel. (to. 81171 Art W)
which is limited la the duration of a particular 'pnoieet
fm' which purpose employment was made. | I r r I
The Nun-Career Sunfire shall include: Manner it' appointment in the mil scnficn
1. ElectWe r:lfF1-l:lals and their persnxial DT Appninlnlents in the clvi] sen-'iee shall be marie envy'
can Eidenti al staff; aeeurding In merit and Fitness to be determined, as far
PDLITICAL LAW
as practicable, and, except in pnsltiuns which are The evil Service Cnmmisslcm has the authl::l]'itg,f to
pnllcy-determinlng, prlmarilyr cnnfldential, nr highly ne1:a]l appuintrnents made in disregard o f t h e
technical by clnmpetitlve e4¢aminatl1:m. [198? applicable provisions of coil Serurlce law and
Constitution, Arr. Lk'-B Sec gfgjj' Iegulatlnna {5'afes u. Cnnenn or, ER Na 160791,
February 13, Z0-D?]
Pri urinal gmupi ii pniitkm in the civil Fil-r1lri¢'p,.nn
tb' l1=l1i~: nf anwinrmvnt Q: The CSE issued a Resolution granting the my
Government of' Dumaguete the authority to take
1. tTI:»m.¢Jetitllve p-l:l»5itI-uns - Accurdlng to merit and Final action D:l'l all its appointlnenls subject to
fitness to be determined by competitive rules and regulations and within the limits and
examinations, as far as practicable, restrictions of the implementing guidelines of the
312 Accreditation Program as amended and
z. Non-competitfue positions - Do not have to take subject to monthly monitoring by the Civil Service
into account merit and fitness. Na need fat' Field Gflice [CSFD]. Dn ]one 5, T, and 11, zool.,
competitive examinations, and Dumaguete Eity outgoing Mayor Felipe Antonio BL
a. Pohlq.'-determilm*r:r.g - The].r are tasked to Remollo promoted 15 city hall employees, and
formulate a method of action for the regularized another TO city hall employees,
go1.rerolnent 'DT any of its subdivisions including the herein 52 petitioners. But the
b. Pdmorriy eon,I'identiaf - Their dudes are not incoming Mayor Perdices did not honor die
merely derieal but devohfe upon the head of appointments made by former E4-'Iayor Remollo and
an once. which, he reason of his numerous he ordered the City Administrator to direct the
duties, delegates his duties to others, the City Assistant Treasurer to refrain Iron making
performance of which requires skill, any cash disbursements for payments of
Judgment, trust and confidence petitioners" salary differentials based on their
new positions. [-'tLrther, a CSC resolution was
Prnximiw R111 |\ passed invalidating the appointments of the
employees. Is die esc authorized to invalidate
The test used on determine confldentialitg,-' of a appointments?
position The occupant of 3 part1oLLIar position
could be considered a confidential emp]o],ree if A: 'res In rlluirog in. Aumentodo, the Court held that Me
the predominant reason why he was chosen by ruling in De Rama u. ILi'o:.rrt o,t'Ap.oeols does not mean
the appointing audiorlty was the latter's belief that the raison d' etre behind d'Le prohibition against
that he -can share 3 close intimate relationship midnight appointments 1na],r not be applied m those
with the occupant which ensures freedom of made bl.* chief exe1:ut:l1.res of local government units.
discussion without fear of embarrassment of' Indeed, the prohibition is precisely designed to
misgivings of possible betrag,-'als of personal discourage, nay, even preclude, losing candidates
trust and cont'ldentla] matters of State. [Do los from issuing appoi ntrnenls merely for partisan
Santos 1-l_' Mailers, on Na 1.-3881, August 3/. purposes thereby depriving the incoming
155:11 administration of the opportunity.-' to make the
r:oi'resp4:lndin.g app-oinllnenTs in l1 ne 'up~"i1il its new
f. Hrgngf- rectlmc'.r:|'f - Requires technical skill Ur' pollr:1es. {No20'reno v. City of Dumoguete, on No.
training in the highest degree. 18/559, Getober 2, zoos;
MUTE: The test to delemiine whether' the 5wuriw nfl1=|1urr-

position is non-competitive is the nalupe of the
responsibilities, not the description given m lL It means that no dicer Ur employee in the civil
The Constitution does not exempt the above- ser1.rlr:e shall be suspended or dismissed except fur
given positions from the operation of the cause provided Ba' law, and after due process or after
prlneiple that "no officer DT employee of the civil he she]] have been given the upperlunlqr in defend
service shall be removed or suspended except for himself.
cause provided be law."
HDTE: Une must be uaiidiy appointed to en1o],r
Q: Who- may be appointed in the civil service? security of tenure. Thus, one who is not appointed by
the proper appointing authority does not acquire
A: Whoever fLllfll]s al] the quallllcatlons prescribed by security of tenure.
law far a particular pns11:1l::n may be appointed Elnore an appointment is Issued and completed and the
therein. appointee assumes the position, he acquires a legs]
right, not reveler an equltabie right to the position.
NDTE: The esc cannot disapprove an appointment fiumigued u. Eteueo, an No. ursa November: 18.
just because another person is better qualitled, as long rss?)
as the appointee is hllnself qualified. It cannot add
quallheatlons other than those provided by law. Regardless 0E the eharacterizatlrm of the position held
[Cortez u. esc, ER No. 5263. March 13, I951] by a government employee covered by civil s)er1.r14:le
rules, be in career -nr non-eamer 'pnsltlml, such
Anlthuriw to wrall -'4nl1rri1'1tmpf\t'-1
18?
employee may nut be removed wlthnLLt just cause. Illustration: The position of NCC [National Computer
(Inseam v. Rqg'afndu, ER. Nu. ?173:?3, August 22, 151511} Center] Director General is a EES p-osltlon equivalent
to Career Executive Service Ufllcer (cash) Rank I.
Basis of Me mnsnltu1i4:mal guaranty of §I:1:1.lrit1l" Ni Eeneres is alneadyr EES eligible, but no Presldent has
frnIlrp in mf- *i wil 1frvirr~ [1999, 211115 BAR] yet appointed him to any EES rank [despite Me
previous recommendation of the CEB for his
The prohibition against suspension or dismissal of an appoln1:l'nent to peso Rank |]. Therefore, Feneres's
officer or employee of the Ei1.ri] Send-ee "except [jar membership in the CES is sti]l incomplete. Falling
cause provided by law" is 'a guaranty of beth short of one of the quail ficadons that would complete
procedural and substantive due pl'oeess." 'Nat only his membership in the EES, Senenes cannot
must removal or suspension be in aeeordanee with suceessf1.lll],r interpose violation of securltgr of tenure.
the procedure prescribed bj.r law, but also tI1le3.r can Hls appolntrnent to the position of new Director
only be made on the basis of a valid cause provided by Genera] would only he construed as temporary, and he
law." [Mud Sonic of' the FFlil'ippi::les v.Roweno o. could he removed any time even without cause. Even
Paden. ER Na 159682, Juli' F, 2089] assuming that he was already conferred with a yes
rank, his appointment would be permanent as to his
Charactcrisljc of scl.'1.1r'it'II.f of tcnun: -EES rank only hut not as to his position as HEC
Dlrleetor General. as member of the ces, he could be
It is Me nature -of the apl:l4nl11tment that characterizes reassigned or transferred from one position to
ser:II.Lrltl.r of tenure and nut #Lhe nature of :me's dudes another from one department, bureau, or once to
Dt' funetin ns. another provided that there would be no neductlon in
his rank or salary and that his reasslgnnle ntftransfer
Where the appninmient is permanent, lt is pmlecled was not oftener than E'l.I"El'jl' two years, among other
b:.' the 3-ecurity of tenure prnmrisinn. But 1E it is conditions. Eieneres v. Eobido, Mia.;
temporary nr in an aetlng capacity, whleh can be
terminated at any time, the nftieer eannnt invoke the 9»:\:11IilY at t-'u1 [in [at mm-r'n nlppfiIlu'p pnWi "m
seeurlqr of lenee.
1. Frllmor'H_l,f conjidenlioi off] :ere and employees
HUTE: The holder of a tempo vary appointment cannot hold of floe only for so long as oonfldenee in them
claim 3 vested right to the station to which assigned, remains. IE there is genulrle loss of ooniitienee,
nm' to security of tenure Lheceat. Thus, he Jnay he there is no removaL but me]eI!." the expiration of
reassigned to any place or station. {Teotfco v. .4glr:h:r. the term ofoliflee.
GR No. m433 Hi 29, 1991] 2. Non-gqtggr service officers and employees'
security of tenure is limited to a period sjpeeifled
Area-"limrnt nPv4'ruri\y =if tpnurp i s law, eotermlnous with the appointing
auth-orit3r or subset to his pleasure, or which is
It attaches once an appointment is issued and the limited to the duration of a particular p1.u'pose.
moment the appointee assumes a position in the civil
3. Foiltieoi oppoin tees In Fore'n Service possess
service under a completed appolntinent, he aoquloes a
tem.Lt*e coterminous -mm that of the appointing
legal, not merely equitable, right [to the position]
authority or s1.LI:ljeet to his pleasure.
which is protected not only by statute, but also by the
const:ltution, and cannot be taken away Hom him
either by re1.ro-cation of' the appointment, o r b y
Instances where a transfer may' bl: considered
rento-u'al, except for cause, and with pneuious notice 'n'n1a1-ivt* f»fpn1rr1=1wp'1 1f~="1u'i1'v of Ifni ii
and hearing. ,(At}uino u. CEE as No. 524433, Apr!! 22,
I§!5l2j' When the transfer is a preliminar],r step toward his
rernnval, DT a scheme re lure him away from his
permanent position, or when it is designed to
Eecuritmr of tenure for Career Exertive Service
indirectly terminate his eermriele, nr force his
£0511 resignation. Such a transfer would in effect
1:lrr:1.Lmvent the prnvlslnn that safeguards the tenure
Security of tenure in the EES is thus acquired with
of nfliee of those who are in the Elli] SerI.rlr:e. (CSE H.
respect to rank and not to pnsltinn. The guarantee of
PAEHEQ in. Mn 1rsn21. January 25, 2:1121
security of tenure to members Ni the EES dues not
extend to the particular pusltinns to which they may
NUTE: Acceptance of a tempurarg.-' appointment or
be appointed - a concept which is applicable only to
assigiltntenl 1.nd1in:ILLt TE§E'l"1ll'3ti.D:l'1. DT up-on c»11e's own
first and second-le'u'el enlp]cl1.rees in the clri] sermdee -
v-IJlit:l-nn is deemed wa11.rer of seeurlty of tenure.
but to the rank to which they are appointed Br the
['PmImem or. ESE. G.R. Nu. Ii9/68. August 4, 1994;
President Within the yes, personnel can he shifted
from one e-Mce DT pnsltinn to another without
R111 p'-z apnlira hlt to tttllpnral'Y pmplnvwi vi'»=-=\-vii
1.r1-nlatinn -of their right to security of tenure because
'~1pruril;'¢' nfr¢'nI1rp
thclr status and salaries are based -in their ranks and
not an their jnhs. l"5eneres v. 5'l:!1Jild'4:r, ER. No. I?29'82,
1. Not protected Br §eeLLrltlr of tenure _ COD be
Uctnber21, 2015]
removed anytime even without cause,
PDLITICAL LAW
Z. If they are separated, this is ennsldered an 3. Transfer - A mdvenlent from fine pnsltinn to
expiradnn of term. But, they can only he removed another which is of equ11.ra]ent rank, level Br
by the CITIE' who appalnted them; and salary wlthnut break in servlne lnvbluing
3. Entltled t1:ll such protection as may be pruvlded bl.' issuance of an appnlntment;
law. H989 Cnnsritu Linn, Art tx-8. See. 2{-E}_l' 4. Reinstatement - A person who has been
permanently appnlnted to a pdsltinn in the career
Q: Hay the ruurts determine Me proper service and who has, through on delinquency or
l:1assiEII:al:iul1 al' a pnsiljun in guvemmenf? Is l:he miselnnduet, been separated theneh"nm. mar be
p-nsitinn it' rnrp-nrate secretary i n a EDEC reinstated tb a pdsitidn in the same level fer
primarily mnfidemjaj in nature' wbieb be is qualified ;
5. Reempfbyment - Persons wbn have been
A: YE"s. The courts may determine Ere proper' appnlnted permanendytn positions in the career
classification of a position in government A strict service and who have been separated as result bf
reading of the law {E.D. 292] reveals that primarily reduction in farce and br renrganlzatlbn shall be
coniidentlal positions Fall under the non-career entered in a list from which seleetinn for
service. The tenure of a confidential employee is reempldj.-'menrt shall be made; [The Revised
coterminous with Lhat of the appointing authority, or Admin&mHw Code of /982 Chapter 5, Hook vi
is at the ]otter's pleasure. However, the confidential 7ìtJ'e I-A. Sec. 26{5j'j
employee may be appointed or remain in the position
6. Detail - A movement of an employee from one
even beyond the compulsory retirement age of 65
years. agency to another without issuance of an
appointment and shall be allowed, only for a
jurisprudence establishes that the Court is not bound
]lnllted period in the case OE employees
by the classification of positions in the ei'ui] ser'u1-oe
occupying professional, technical and sclentiEc
positions; ,lj"I7Je Revised Administrative Eode of
made by the legislative or executive branches, or wen
I sex Chapter .1 Book ii Title I-A Sec 3619]
by a constitutional body like the esc. Thc Court is
expected to make its own determination as to the T. Reossignment - An employee may be reassigned
nature of a particular posldorL such as whether lr is a from one organizational unit to another in the
primarily confidential position or not, without being same agency, provided that such neasslgnmenlt
bound Br prior classifications made be other bodies. shall not involve a reduction in rank, status or
salary; [ReviSed JtdmlmStrolive Code 41585; Tìti'e
In fine, a primarily cnnridelitial position is I-.4., Book K Chopteri S-'ec 2l5{?}}
character]:ed bl.' the cfnse pr'aximiI.jl.= of the p-nsitiu ns of Dem-orion - A movement from one position to
Wie appall-inter and appointee as well as Use high another involving the lssuanoe of an appointment
degree of trust and eunhdenee inherent in their' with dlmlnution in dudes, responsibilities, status
relationship. or rank which may 'DT may not lnvol1.re reduction
in salary;
In the light of the instant 1:on1:l'o1.rers.1,-', the Eourl's 9. Secondment - It is the movement of an employee
1.rlew is that Me greater public interest is served 1r the from one department or agency to another which
position of a corporate secretary 15 olasslEed as is mmwraJ'y in nature. It may or may not require
primarily oonlldential in naluve. p:5c 1.». jokier; ER No. the issuance of an appointment, and may involve
153254, February 22, 2008]
an increase in compensation and benefits.
_I u url-flI5IFI=ll=hllIII5L~_ Acceptance of a secondment is voluntary on the
part of the employee. The payment of salaries of a
seconded employee shall be borne by the
A1: _,' EEUIIIFI der:»-Img .l"l:'il'J'l.»'El11EJ1l: 'Elf' pl ' el gl ' ess of
receiving agency and the seconded employee
personnel in the eivll saerurlee. l"CiL]." Mayor Dehufgudo u.
shall be on leave without pay in his mother
CEC ER. Nu. ll14.71, 5eprember2-E, I994}'
agency for the duration of his secondment
{.S'erieres1.-1 ..§1:l'bid'o, is. No. I .1-'2502, 0-cL 21, 2015]
Pplrlnnnrl artinni inrlIl de
1. Appointment through Eemweotion - lr is issued to -5%|"f"I|I~."l|=,||1¢I.|.I2|||={|{1.|;.4

a person who has been selected from a list of
Puhlle office is a public trust PUbEIL' officers and
qualiNeO persons eertjNed bl.' the Commission
employees must, at all times, be accountable m the
from an appropriate register of eligible and who people, serve 'Lhem with utmost responsll:lllitg,r,
meets all other requirements of the position,
integrity, lo.1.f alt;l.r. and eiliclency; act with patriotism
lReuiSed' SdmimStrotiw Code of 1935; 7'il'J'e 1-.4.,
and iLL§tlce. and lead modest I11.-fes. [Section I, Article
8ooki.-2 Chopteri 55c.26{2}j
XL lEE? Constitution ,I
2. Promotion - It is the movement from one position
to another with Increase in duties and :IU I:
responsiOillties as authorized by law and usually
accompanied bl.* an increase i:rL pay; [Revised
AdminiStrative Code of :see Title I-A, Hook E
Ch-opter5, See 26{.8'JIj' 1. Adminislratlve

2. Criminal 5ales. he had canli]lunusll; ineurbed tardiness during
the months of january to September 2011 far more
than 1D limes each month, esmept during the month of
March when he anljr came in late 1D times. [Re:
Habitual' tardfness a,FCes-are Safes, MTE D'JIj\'ice ufilerk
q;FCar.rrt_ 8-fanilu, AM. Nu. P-13-31 ?I_j'anuary 28, 2814]
Di58plinarvAcUun
It is a proceeding, which seeks the Imposition of

Q: 1-Iallasgo was the Municipal Treasurer of the
diselpl nary sanctjan against, nr the dismissal or
Municipality of Damulog, Bukidnon and was
suspension of, a p"LLI:l]le officer Ur employee on any of
accused before the Dflice o f t h e Deputy
the gm1.Lnds prescribed by law after due hearing.
Dmbudsman fer Mindanao of unauthorized
withdrawal of monies of the public treasury
amouotiog to malversation of public liunds by
Grnlmfl'-I fm- rhp fliirinlinr' ~'\fnI1=hlir f»EEI"rr*=
outgoing and incumbent oMcials of the
1. Dishunesqr;
muni-cipalit].r. The Dlflice of the Dmbudsman for
2. Dppnessjan;
Mindanao determined Mat it could not make a
complete evaluation of the issues without
3. Neglect of duty;
conducting ao extensive audit. The Deputy
Dmbudsman for Mindanao issued a Decision
NDTE: Gross neglect 15 such neglect which, Pram
the grammy of the case nr the frequency of finding petitioner guilty of grave misconduct is
instances, be-clamea an aeriuus in its character as
tlle petitioner correct when it contended that the
to endanger -nr threaten the public
'EA tailed to appreciate Utat tliere was no
substantial evidence to warrant the meting out of
welfare. {Erlj'Ice of the 4S'au.rt Adminfstmtnr L:
Guan, AM. Ha. P-8.7-2293, jury 15. 2015]
tlle extreme penaltyofdismissal fro m service1
A: run. Misconduct generall1.r means wrongfuL

4. Mlsconducl;
intproper or unlawful conduct motivated by a
5. Dlsgraeeful and lmmo re] co no uct;
premeditated, obstinate or intentional purpose. It is a
6. Disco urtesy in tjrie course of oMclal duties;
transgression of some established and definite rule of
T. Inefli-clenqr and incompetence in the
avedon, a forbidden acl, a de rell-ction of duty. Qualified
performance of official duties;
B. Eomr;lct1nn of a crime lmro-l=.flng moral turpitude;
by the term 'gmssj' it means conduct that is 'out of all
measure beyond allowance, flagrant, shameful, such
9. Being notoriously undesirable;
conduct as is net m be excused." We find that tlte
10. Falsifieat:l-on ofotfleial document,
e1.rldence on record demonstrates a pattern of
11. I-Ialoltualdrunkenness,
12. Gambling;
negligence and grass misconduct on the part of 'Llle
petitioner that Fully satisfies the standard of
13. Refusal to perform ofFlclal duty or remier
substantial evldencle. Substantial evidence is such
overtime service;
amount of relevant evidence that a reasonable mind
14. Physical or mental incapacity due to immoral or
vielous hablls; and
might accept as adequate to support a conclusion.
l"HaHasgIo 1.-'. tfommissl-on on Audit, ER. Na I?13'4-ISL
15. Wll]ful refusal to pay Just debts or willful failure
September II, aonsj
to pay taxes
Q: In 1993 I B-'lal:an'o Catipon l'LIEd an application to
Q: The Claire of the Court Administrator
take the -Career Service Professional Examination
recommends that Cesare Sales be dismissed from
[cpsE], believing that the ESC still allowed
service in the ludiciarv despite his 17 years length
applicants In suhsljmte Me length of their
of service an the ground of habitual tardiness. The
government service far any academic deficiency
Report submitted shows that Sales had always
which they may have. When he passed, he was
been tardy in going to the office for the months of
later promoted to Senior Analyst and Dfflcer-in-
]anuar§r to September 2D11. In addition, he was on
several Sid: leaves, forced leaves, and vacation Eharge Branch Head of Ule SSS Eangued. In
Dctober 1995, he finally eliminated his deficiency
leaves. Un the days he was on leave, he indicated
of 1.5 units in 1'-'lilitary Science.
in his DTRs "sick leave applied," "vacation leave
applied" or 'to reed leave applied." in his
In 2003, he was charged a i m Disllonesty,
cornoient, Sales admitted his frequent tardiness in
Falsifioatinn of Cliiicial documents, Grave
going to the ofliee hut pleaded that he be given
I4-'liseonduet and Ennduet Prejudieial to the Best
consideration be the Court Should Sales he
Interest of the Sferviee be the ESE-EAR Ior making
dismissed from senfice on die ground of habitual
deliberate faLIs-e entries in his CSPE application.
tardiness?
The ESE einnnerated Catipon from the eflerlse
-charged but Iound him guiltjr it' Eonduet
A.: YES. Under esc Memorandum Clrcular No. IJ4, s.
Prejudicial to the Best Interest of Service. Catipon
1991, an oMeer DI employee shall be considered
appealed the iudginent direetljv to the Court of
habitually tard.§.I' IF he is late for work, regardless of the
Appeals, b u t t h e petition was dismissed for
number of minutes, ten [10] limes a month for at least
violating the do-ctrine of administrative remedies.
two {Z] months in a semester, or at least two [2]
eonser:ut11.-'e months during the year. In the ease of
PDLITICAL LAW
1. is the CA nnrriect' agencies, including government-owned or -IL*onl:l'o]]cd

2. Slmuld Catipun be eamneraned ¢1f the latter corporations with original charters. It has the
afferisn? authorlqr to hear and decide administrative
disaciplinarj,-' casa instituted directly with lr or
A: 1. YES. It is the am Service Eomrnisslon Proper, brought to it an appeal and to enforce at order
which shall have iurisdictlon over decisions of Civil execution of LE decisions, resolutions or orders. ,[De
Service Regional GMceec It is only the decision of the Leon,2l':I14j
Commission Proper that may be brought to the CA on
petition for review, under Section 50 of MC 19. [urisdictl'nn nwrr administrative disl:iTJ1inal'Ii»'
Indeed, the administrat11.-'e agency concerned is in the artinllf» a5"il1*a1 lpllpr'tiw 1n-=1 nEE¢'i=11-
"best position to correct any preirjous error'
committed in 113 forum. " ILlrisdil:tion :her administrative disctpl lnarjr aL't:l-cms
against elective Inca] aliidals is Indeed in in
2. YES. Catlpon was negligent in filling up his ESPE aulharlties: the Dlsciplinalgr Autharltir and the
application form and in failing m 1.l'e]'ii'.I,r beforehand lnuestigatln.gALLMnrll3r. (4.9 Na 23)
the specific requirements for Me CSPE examination
The claim of good faiiii and ahsenoe of deliberate The [llsciplining AuUmrltjr is the President of the
intent or willful desire to defy or disregard the rules Phillppines. whether acting he himself DJ' through the
re]at:l1.re to the cspE is not a defense as to ex-onerate Executive Secretary. The Secretary of the Interior and
him from the charge of conduct preiudiclal to the best Lora] Government is the Investigating Authorltv, who
interest of the ser1.rlce; under our legal system may acl by himself or constitute an Investigating
ignorance of the law excuses no one from compliance Eornmittee. The Secretary of the oILo. however, is not
therewith. [Cntipon _In vs. Jepson, ER. No. 191?87, Irma the exclusive Investigating Auth-orlty. In lieu of the
22, 2015] DILE Secnetarv, the Disclp»]lnlng Authorltl; may
designate a Special InveMg,at1 fig Eommlttee.
T*1p Prplirlpnt a'~1 Diirip lin=m' Anlhnriw

Disl:il:l1inarllr [urisdil:tl'l:m ul' Heads ui ministries
a4I'1'v'if=a and in'=tmmpt\faliHI~*z. urnvinriw. rilir*1 The power to discipline evidently includes t:l'Le p-nwer
la investigate. As the Diselpllning Authdrltl.r. the
President has the pd-wer derived from the
They have jurlsdlcdon to investigate and decide Cnnstil:LLt1nn Imelda to investigate complaints against
matters involving disciplinary aetlon against oMcers Idea] government dfNelals. AJD. Hn. 33, however,
and employees under Lhelr jurlsdict1-on. Their decision delegates the power to Investigate. The President
shall be llnal in ease the pena]t'y imposed is nemaizns the Dlscipiining Authnrlty. What is delegated
suspension of not more than 3D days or line in an is the power to investigate, not the p-nwer to
amount not exceeding 3D days salary'. In other eases, discipline.
the decision shall be lnltlally appealed to the
department head and tlnally to the -Elvll Service NDTE: A Presldenlial appointee is under Me dlreet
Commission and pending appeal, the same shall be disciplinal,-' auNinrity of the President (1-"fHnJ'uz v:
esecutory except when the penalty is removal, in Enldfunn Ile Hn. L-32:?54. December 31, ISI-E.5j'
whlch ease the same shall he executory only after
confirmation by the department head. [Sec 3?', P.D. Availability' of appca I In administrative
8El:?j' n i'itinlillan' in if-i
NDTE: Sec. 9, RM.. 46?] Magna Carla for Public Echo] 1. Appear is available ifrne penalty Is: {D]]S]
Teachers provides that Use cbmmlttee to hear El. Dcmalinn;
admlnlslrabve charges against public schbc-I teachers b. Dismissal; Ur
must include a rept*esenta1:i1.re of the teachers' c. Suspension for more than 3D days or time
organization. The appointment by the DEE Secretary equivalent to more than 3D days' salary. gen
of teachers tb 1:he cbmmlttee does nut mmply wllh see, Se4:'.3 ?fujj'
this requirement, as II is the teachers' brganiratlbn
which pbssesses the right lb indicate its dmlce bf MUTE: Decisions are initially appealahie to de
hepresenlatlve in the cbmmlttee, and the DEE depaltment heads and then to the esc. Daly Igor
Secretary cannot usurp such rlghL The inclusion of a respondent in the administrative disciplinary case,
represerllatlve bf the teachers' brganlzaliun in the not the complainant, can appeal to Me ESE from an
cbmmlllee is indispensable lb ensure an impartia] adverse decision. The ooniplainant in an
till:luna]. {FaMHn u. Cbnrrt 4:lf Appel:l8 G R Na II83?§'. administrative disciplinary ease is only a wellness, and
Haven-1ber2& I's?) as such, the Ilatter cannot be considered as an
aggrieved party entitled to appeal from an adverse
Diicinlinarlf [H[i5dimBn of Civil Eervirf decision. {Meow~ez if. EEC, G. R No. 955?.".i, December2_'i,
Eum m is s inn 1991]
It has ]uri3)diL'tlnn over 1j'Le employees of Government 2. Appeal' 09 HUT avuiinhle gl' the penury Lf [SF-
branches, suhdlvisinns, l]utrumenlaliries, and C|=LAE1l

EI.. Suspe]ulnn [nr not more than 31] days; 12. Refusal to perform official duty or render
lm Fine not more than 3D days' salary, overtime service,
:_ Censure; ia. DisgracefuL immoral or dishonest conduct prior
d. Rcprlmand; to entering the service;
e. Ad mn nitinn; nr 19. Physical or mental incapacity or disability due to
[ 'll'l.lTLen Use resp-nndent is ucnneraled. immoral or vicious hahil3,
20. Borrowing money by superior officers from
HUTE: In the second case, the deelslnn becomes final subol'dinates or lending by subordinates to
and exeeulargr by express prm.-'isian of law. superior of hoers,
21. Lending money at usurious rates of interest;
auaiIahiliw nf Inf '~1lpr1¢'i¢'p1nI thi- Finliritnr llrnl\1"= l 22. Wlllful failure to pa],r just debts or willful failure
to paj.r taxes due to tile government;
I f l i l e public nfflcial is sued for damages arising out of 23. Contracting loans of money or other property
3 felony far his own account, the Stale is net liable from persons with whom the office of Me
and the Solicitor Genera] is not authorized to employee concerned has business relations;
represent him 1;henef1:lre. The Solicitor General may 24. Pursult of private business, vocation or
only db so in suit Eur damages arising not from a. profession without the permission required by
erlnie but bum Me perfbrnrance of a public nEfLr:er's Elvil Service rules and regulations,
dudes fi-rHui-Gaznn H. CA, is Nu. 181428. August 5. 25. InsubordinatIon;
I§!5l2j' be. Engaging directly or indirectly In partisan
political activities be one holding a non-political
The Deice of the Salieltnr Genera] can represent the office;
public nfflcial at the plellnllnary lJwes1:ig,atlan of his 22. Conduct prejudicial to the best interest of the
case, and that if an lnfarmatlan is eventually Mea service,
against the said publlr: l::lfF1+:1a1. the said Gffjce may no 2E. Lobbying For personal interest or gain in
lunger represent him in the ]itlga1:inn. (ArM-GrnjT legislative halls or offices without authorltjr;
i.eou.le v. Drtega, 6.8. Nu. L-33912, September II, 29. Promoting the sale of tickets in behalf of private
I§'8'8j enterprises that are not intended for charitable
or public welfare purposes and even in the latter
cases if there is no prior aut.horitv,
an. Hepotism as defined in Section til] of this Tltle.
[Section 46. so-zs2,r
The fnllawmg shall be grounds tor duscjplinary action: I I
I I I I I I
1. Dlshonesty; I I
2. Dppnesslong
3. Neglect of duty; Bump-nsiijnn ui Me Duh udsmao:
4. Misconduct;
5. Disgraoeful and lmmo re] ECI no uct; 1. The Dmbudsman;
6. Being notoriously undesirable, 2. Due overall Deputy;
T. Dlsco urtesy in the course of official duties; 3. At least mln Deputy each for l.IJzp11, 'Jisayas and
8. Inefllclenq,-' and incornpetenee in the Hlndanau,and
performance of of-cial duties; 4. A Deputy far the military establishment may also
9. Receiving for personal use of a fee, gift or other he appointed. [198? Philippine Cpnstltutlcl-nl ArL
valuable thing in the course ofoMc'lal duties or in .IL See 5]
connection therewith when such fee, gift; DT
other 1.-'aluable thing is given by any person in the Euoclinns
hope DT expectation of reoelvlng a fa1.-'or or better
toeatrnent than that accorded ether persons, DT 1. Investigate and prosecute an its own DI' an
committing acts punishable under the anti-graft complaint by any person, any act or omission of
any public ofNcler or employee, oEflr:e or agency,
laws;
when such acl or omission appears to be illegal,
10. Illonvlclion of a crime involving moral turpitude,
11. Improper or unauthorized solic'itatlon of unjust, improper or lnetlflcienl; It has primary
iurisd iction over cases co-gnizable by die
contributions from subordinate employees and
by teachers or school of-cials from school Sandlganbayan and, in the exercise o f th i s
chlldnen; primary Jurisdiction, it may lake over, at any
12. 'Uiolation of erdsting Elvll Servlce Law and rules stage, from any investigatory agency of
or reasonable office regulations; Government, the investigation of such cases;
[2012 EAR]
13. Falsiticatlon ot'oEl'leia] document;
14. Frequent unauthorized absences or tardiness in
reporting for duty, lo-ating or frequent 2. Direct u pun Qunlplaint ar at lU awn install, any
unauthorized absences from duty during regular l::Mcer or enlplayree of 812 Gn1.rernnle11l, or of any
subdlmfisiun, agency Ur 1nsl:l'LLmenta]ltl.r thereof, as
office hou rs,
15. I-Iabltualdrunkenness, well as anjl.r government-owned DI' mntrnlled
16. Gambling prohibited Br law; corporations with urinal charter, to perfa»rm
PDLITICAL LAW
and expedite any act DI' duty requjied bar Jaw, Ur g. Punish Em' contempt in aeecmdanee with the
III step, pre.rent, and correct any abuse DI Rules of -Court and under the same pmeedure
impmprlety in the performance of duties; and with the same penalties pvnvlded therein;
3. Direct the officer co ncerned 10. Delegate to We Deputies, ar lu in1.fes1:lg,at1:lrs Ur

to take appropriate action against a representatives such autharltl," DI duty as shall
public officer or employee at fault or ensure the effeet11.re exercise Ur performance of
who neglect TD perform an act 1]l." the powers, fUn-l:tlrJ11s. and duties herein fir
discharge a duty reoulred by law, and hereinafter provided;
b. recommend his removal, suspension,
demotion, tine. censure, or 11. Investigate and initiate the proper action far
pnoseeutlon, and ensure compliance the recovery of II]-gotten andfnr unexplained
therewidt; or enforce its disciplinary wealth amassed after February 25, 1985 and
autJ'Loritg.r as provided in Section 21 of the pmseeudtm of the par ties lnvaltfed therein :
Fun. El7'?l]: and fR_.-4. E?'37l!§L 5-sr; 151
The refusal by any officer wiiilout 12. Promu]gale HE rules 12l-fprneedune and exenelse
just cause to IL'ompl.,'l.r with an order of such ether powers DI' perform such funelinns
the Dmbudsman to remove, suspend, or duties as may be provided by law. mrs?
dE:ll[\DtE, fine, censure, DI prosecute an Eansnturisu'.l., Arr. XL See. I3{?i'.; see efsa RAL
officer or emplo.'l,fee who is at fault or 6??E1 EE: 18]
who neglects to perform an act 'DT
dischar ge a duty required b e . l a w MUTE* The Dmbudsman can in1.restlg,al;e the 3:13 of the
shall be a ground for d1 sl:ipli11ar],f Supreme Court. [IDD3 BAR)
action against said o-Meer; '[2Dl]'El
BAR] The powers of the Dmhudsman are not merely
re-oommendatorir. His office was given teeth to render
4. Direct the of f icer concerned, in any this constitutional body not merely E1.Lne'tio11al but also
appoopclate case, and subject to ouch effective. Under RA. l5?'FD and Urie Isa? Eonst:ltulion,
limitations as it may provide in ii! rules of the Ombudsman has the -oonstltut:lona1 power to
proceduoe, to f u r n i s h it w i t h copies of d ir e e d y remove from government service an erring
do»cumen13 r e la t in g to contracts DT public official other than a member of Congress and
transactions e n t e r e d into by his office the ludlr:iar1.r. {EsmHjo u'. Ronalda, is. No. 159314, done
i n v o l v i n g the disbursement DT use of public 26, 2886]
funds DI' properties, and report any lroegularity
to the Commission on Audit for appropriate FlTP="* al' ="*1ar»=p~1 =11"i'4in=t [mm iamb =\="t»'f1fni'41ir»n
action; lodged before the* Dmbudsman and rel8l:llar mums
5. Request any government agenqr for asslstanee Administrative and criminal charges tiled before the
and lnfnrrnatinn necessary in Use discharge oF Elfflce of the Dmbudsnian and the trial court,
its respnnsibillties and to examine, if respectively, are separate and distinct from each
neeessarl'r. pertinent l."E1I1]l"'dS and d1]cl.llfll'lE]"lE§ other even If they arise from the same act or ondssion.
This is because the quantum of proof requloed in
5. Publielze matters earened b].r 113 inirestlgatjnn criminal cases is proof beyond reasonable doubt,
of the matters mentlaned in paragraphs [1], while in adnlinistrati1.re cases, only substantia]
[2], {3] and IL4] hereof, when cirnurnstances so: evidence is required. Moreover, the purpose of the
warrant and wllh due prudence: provided, that adnlinlstrati'u'e proceedings is mainly to protect the
the Ombudsman under lLs rules and public serI.rice, based on the time-honored principle
regulations may determine what eases may n-at that a public oEflce is a public trust Un the other hand,
be made public: prm-'ided. fl.lrlher. that any the purpose of the criminal prosecution is the
pul:lllr:1tg,-' issued by the Dml:l-udsn'l.an shall be punishment of crline. Thus, even the dismissal of a
l:la]alu:ed, fa i r and tr u e ; criminal case does not ne-oessaril],r foreclose the
adnlinlstratlre action against the respondent
Determine the causes of 1 neEliclenr:jr, red tape, [Gonzales 1.-'. Serrano. on No. I?543'8', March 1/, 2015,1
mismanagement, fraud, and r:l::lrrl.Lp1:ian in the
Ecwernment, and make TE'EDT['llYI1E]1I§.3CI'l]lYI§ Eur r1mhwrl9man"i F1c=\T Hutfmfrmir
their ellmlnatiun and the nbeelvanee of high
standards aferhies and efficienqr; The Ombudsman shall enjoy Fiscal autonomy. 113
approved annual appnopriatlons shall be
8. Admlnlsler oaths, issue subpoena and automatically and regularly released. near
subpnenu ducts tecum, and lake testimunjr in Eorlstltu Hom Art XL Sea 14)
any investigation or inquiry, including the
p-nwer to efxanUue and have amass m bank Term of nfti w
HCCDUDE and records;
H3 UHIVERSITYDF SANrTNTaMAS
Seven years without beappu lot:lnenL HHS? 1. officials who may be removed £ni3." 111-*
E4:rnsr1!tuNla::l, Art XL Sec. II] iml:lear:]'Lmenl,

2. members of cgngpegg
Qualiiicaijnns it' Me Dmbudsman and his Dc-uu1:iE§ 3. members of the Judiciary [RA arm, Ser: 21;
1. Natural burn citizen of the Phllipplnes; NDTE: The IDl'flr:e of the Dmbudsman shall have Me
2. At least 40 years of age at the lime of power to imfestlgate any serious misconduct in oliiee
appointment; a]]eged]],r commit t ed by oRe-elals removable by
3. DE reeugnized p1'nbitl.f and independence; Impeachment, for the purpose of filing a nrerifled
4. Member df'Lhe Phi]ll:+]Jine Bar; complaint for Impeachment, If warranted. (RA err
5. Must net have been candidate fur any e]ectl1.re Sec. 22;
dice in the immediately preceding e]ect:l-dn; and
6. Fur the Dmbudsman: He must have been for 10 SCDPE {lfl.]DIWET5
years nr mane, a judge ar engaged in the practice
dt' law in the Philippines I/93? Enractitutfnrl, Arc 1. The Dmbudsman exercises Jurisdiction over
XL Sec 8] public of-cials DT employees of governlnont-
o1.-'med and mn0'ollM corporations with original
Mme; Duly the Dmbudsm.an. nut his deputies, is charters. Thls being SD, it can only ln1.rest'igate and
impeachable. Under S-e-r; 2, Ari; al, the Impeachable prose nu acts 'DT omissions of the officials or
nffieers are the Pnesldent, the Yiee-Presldent, due employees of government corporations; (Khan, ,In
members of the Supreme Enurl. the members of the if. Dmhudsmori, G.R No. 125298, fury20, 2I|5||5|O}'
Ennstlluliena] Enmmissiun, and the Dmbudsman. The
list is exclusive. Hilmhudsmun u. ET and Mlsjicu, ER. 2. The lurlsdleliun of the Dnibudsman over
1464458. Hl:1n:h 4, 2005] dlseiplinaiy eaves ln1.r-nlving schein]
public
teachers has been modified be* Sec. 9 l:y"R.4. 415?98
Eillkillilillllli [Magna Carts for Publle School Teachers] w]'d1:h
says l`.h.at such cases must f].rg[ 80 III an
The Elfmbudsman and his Deputies shall have the rank investigating committee; {0mh.Lrdsmen nr.
of Ehalrman and Memb ers, respectively, of die Esrandurte, be. 1586 Fu, Apr if /3, 2Ei'EJ'?}
Eemstlludcnnal Cummissl-uns, and they shall neeelve
The same salary, which shall nal be decreased during NDTE: In Afraid u. when ER. I_'i6E163. Nov. 18.
'Lhelr term of nfiee. [I98? Philippine CnnmlruHn4 ArL 2803, as cited in Ombudsman H. Eaiieia, G.8. Na.
.:t'l',5lel:'. 1 0 ; 145??1 I, Der. 1-8. 2808, the -Court, while
recognizing the iurisdiednn of the committee of
the Sched] Superintendent nonetheless upheld
the deelsidn of the Dmbudsman 011 the ground
1. Shall not hold any other office as employment that the parties were afforded their right to due
during their tenure; prdeess during the imfestlgatlnn proceedings.
2. Shall not engage in the practice of any profession The respondent in Meals was given suM dent
or in the active m.ana.genlent DT control of any nppdrtuniqr to be heard and submit his defenses
htlsiness which in any way may be affected 111.f the to 1:he charges made against him. ThLLS, he is
Mncdons of his office; and est-upped from quesddning the iurisdietidn of the
3. Shall not he Enandalljf interested, d1 ret'tl],f DI Dmbudsmart
indirectly, in any con1:l'act with, ar in any
franchise DT privilege granted he the go1.reJ'nntlent, 3. The l:]mb1.Ldsman Act authorizes the Dmbudsman
DT any of its su bdivisions, etc. agencies DI' to impose pe na ltie s in administrative cases;
instrumentalities, including GDEEs DT their [Dmhud5m4:m u. m, ER Ha. 169844, Mau. 22, zctms,
subsidiaries Hmbudsman v. Lutero, GR No. 168918 November
4. Shall not be qualltied to run far any office in the 2-4,2l5l[T6.,T
election immediately succeeding their cessation
from office {R.-Il. 6:??EJ. Sec Sl] N D T E : According to Sec. so of the LGE, eleetlve
officials may be dismissed onl_',' by the proper
UlTilpia11 '-:Olli-rr* in Igor' rli*1I"illlin=ll"lt aurhnriw ni court. 'Where the djseipllnlng aII.LIl1or1t§,r is given
MnHnmmmnmn onlj.r the power to suspend and not the power to
remove, lr should not be permitted to manipulate
Genera] rule: The -Gfflce of the Dmbudsman has the law be usurping due power to remove."
disciplinary authnrlqr lII'IJ'El' all elective and appdlndve [.'5'ang_g'unlm1g Bombay l.-L Punorig §or4:rrl.;IIay_ ER.
dfiicials of the Government and 113 subdiudslnns, No. 1F0626. HoraN 3, zoos;
1ns1:r1.Lmenta]1 des and Agencies, including members of
the Cabinet, local gcl1.rerJlnlenl. GDEEs and their 4. The Special Prlnsecutur may not file an
subsidiaries. {8..4. 69911, Sec. 21] inf-nrmatiun with-nut authnrlqr f ro m the
Dmbudsman, {'.Perez 1.-'. Eandigunhayun, an Nu.
EHEEDUDDSI 166862, 5'eptember245, 2895]
PDLITICAL LAW
5. The Dmbudsman has been conferred rule making bounds of law. This should nut be lnterpreled as
power to gm.-'ern pmeedures under it, usurpation of the Dmbudsman of the authnritgr of d'Le
{§uem:'u'mln:1 v. EA, ER I?5B95, Apr!!12, 28EJ?j head of afNee it' any nfflcec concerned. It has lung
been sctljed that the power of the Dmbudsman in
IS. A pvevenlive suspenslun wil] only last *an dajl.fs, imfestig,ate and prosecute any II]egal acl or umisslcn
not the entire duration of the crlmlna] case; of any public nfficlal is nut an exclusive aut]1arlt§l,f. but
f l-'1H u s'.e n u r v. Sandiganbnyun ER. Nu. IBBFIJEL a shared ac 'll*l]IYI'ELll'l'E'['l[ aulhuclty' in respect of the
March 4,2EI08} offense charged. l"Ledesml:l nr. 454, 8.8. Na 161629, .1'r.rI_1."
29, 2005]
Sec 14, first paragraph, of 'Lhe Ombudsman Act,
which says, "No writ of lbjunctibn sbafl be Issued Pnwplr Ni Ithf* F-lilitaw llpr»Ilw f!In1hud*1m=m to
be.-' any court m d'-eia_." an H1-vestfgcltaim beryl iuwitiaatv civilian nnii=:p
conducted by tbe Dmbudsmen under tb-is Act,
unless tb-ere is u ltl»r1'mb' fade euidence that the Slnoe the power of the Dmbudsman is broad and the
subject mutter of tb-e Investigation is 4:1»r.r0'lde the [:+e]:luq,-' Dnibudsman acts under the dlreelion of the
junsda`ctItrf1- bf the D,t]ITce of the Dmbudkmen" is Dmbudsman, the power of the Military Deputy to
DIEELARED' INEFFECTIVE until st: issues 3 in1.re3tlg,ate members of the el=.I'1llan police has also
procedural rule on the matter; and [Curp[n- been affirmed..l"AI:'op v. Qmbudsmoo, ER Ho. 120422,
Mnmfe: mr. EEL ER Nu. 21 :FIZ6-2 F, November ID, 5-eptem!Jer2?, I995]
2815]
ThP I"lmh11d'iman may 1till invtitigatv pin if t*lp
B. Sec 14, aecand paragraph, of the Ombudsman lll'ivatr rnmnlaiflanti lark *1lllTiripllt ptrqnnal
Act, which say; "Na carrot :half hear any appeal' at inf-crest in the subicrt mat'DI1-r nfgric-yancc
application far remedy against the aecisl-an at
Jl5!naangs as' the Dmauakmaa except the Supreme Sec 20 of RA E-'I"'I-'0 has been clarified by the Rules of
Car.rrt, an p u t question as Jaw" 13 Procedure of the Gflice of the Ombudsman. Under, Ser:
UNCaN5rrlTL1TlaNaL far II attenlp13 la 4, Rule III thereof, even If the ground raised is the
effectively increase S»E's appellate Jurisdictlan supposed lack of sufliclent persons] interest of
without in advice and cancurrenae. ffarpla- complainants in the subject matter of the grievance
Marafe: v. 8fna or, Mid.)
_1."r under Sect sou] [R.A. l5'?TI::I]. the dismissal on that
ground is not mandatory and is discretionarjr on
Dp1pEalli1i11' cut Igor pnwvri ui Ihr- r'|m|1u-:l'ima|1 the part of the Dmbudsman or Deputy Cinlbudsrnan
evaluating the adlnlnistratl1.re complaint The
The power to investigate or conduct a preliminary Club udsman cannot be faulted for exercising 11s
innresdgjalinn on any Ombudsman case may be discretion under Sec ED ofR.A. earn, which allows the
exercised 12-1.* 311 investjgjatpr or prosecutor of the Ellnb udsman to decide not to conduct the necessary
DMr:e pf the 1]ml:l-udsman. nr Br any Prp1.nlnr:1a] or -City in1.res1dg,at:lon of anl.r administrative act or ornlsslon
Prnsseeutnr el-r their asslstanm, either in their rleg1.LLar complained of, lr it belle1.-'es that the complainant has
capacities or as deputized Dmbudsman P]'1II§Et'l.ll:DI'l no suMcient personal interest in the subject matter of
fHnr:asl:u:l H' u. Ptrnef effie uestigaturs of the DDL an Hn. the grievance. {Er.reno u. lSI',Ij'ice of the Umbudsmon, ER
159942, irene 15, 2084] No. 151 FIZ, September IE 20/4]
NI]Ill'E: while the Il]mbudsma11's power to investigate Q: Can the ciaho of confidentiality' plevent the
is ]Jri]t\ar'!,"r it is not exclusive and, under the Dmbudsman from demanding the production of
Dmbudsman Act of 1989, he may delegate it to others on-cumenls needed [nr their investigation ?
and take lt back any time he wars to. (Amp v.
Elmhudsman, ER. Ho. I2ET422I, .SeptemI:l»er2?. 1995] A; NDI. In Aimonte u. Vasquez, ER. No. EF53E May 23,
1595, the Court said that where the claim of
Pllwplr it Mr rlmltucliman to diwrtlv rli*1mi1"1 4 l:ontidentialitj.r does not rest in Me need to pooteet
I11ll1li1111l8t3DI2E military, diplomatic or the natlona] security secrets
but on .general public interest in preserving
The p-nwers of the Dmbudsman are not merely r:ontidentialitl.r. the eourls have defined to find in the
reee-mmendat-nrl.r. Under the Dmbudsman A-et and the Eonstiliition an ahoolute privilege of the President.
1987 Ennstllutjan, the Dnlhudsman has the
ennstlludana] pa-wer to directly remove from Allowing the Dmb-udsman to start an investigation
gll:l1.re1'11ment affine an erring public nor:iaI ether than based on an anonymous letter does not 1.rlo]ate the
a member of Ingress and the ludle1ar'3,-'_ ['Estar'ija nr. equal protec1:ion clause. The Glftioe of the Ombudsman
Rcrnada, an Nu. I55l8'I4,june 28, 2086] is dlffenent from other investigatory and prosecutors
agencies of government because those subject to ins
The reEusaL without just cause, of any officer to iurisdiclion are public officials who, through ofticdal
comply wllh such an order -of the Dinbudsman m pressure and influence, can 'quasb, delay or dismiss
penalize an erring oEIir:er or employee is a ground for imrestlgatlons against them.
diociplinalfy action. Thus, 'Lhere is a strong indication
that the DmOudsman's oeoommendation is net merely Hnmnver, wen In cases whens matters are really
alc1irisor]..r in nature but actually mandatory within the confidential, inspection n can be dune in camera.
ITE
ékuthnriw of :to rimhuiliman in rwirwirul Pawvrwi :to f'IlTirp nlllhp Fiprrial Fru'-wmtirr
11-'lmini'in=l.l'i1rp pr4rnvdinn§
The DfEce of the Speclal Prnsecutar shalL under the
Sac. 19 of the Umbudsman Act furliier en1.LmeJ'ates the supermrlslnn and mntml and upon the authority of me
t'j.-'pas of a1:II3 r:ll:l1.-'ered by the authority granted to the 4:]n1t:1.Ldsman, have Me following powers:
Dnlbudsman. The -Gmbudsman shall act on all
mnlplainm relating, but nat limited in acts DI' 1. To elnmiu-et preliminary investlgadnn and
nmisslmls which: prosecute criminal cases within the jurisdiction
of the Sandiganbayan;
1. Are contrary to law or regulation; 2. To enter into plea bargaining agreement; and
2. Are unreasonable, unfair, oppressive DT 3. To perform such other duties assigned to lr by
Oiscriminatolgr; the Dmbudsman.
3. Are inconsistent w i th the general course of 311
agenq.r's Mnctions though in accordance wlM Bump-nsiijnn
law;
4. Proceed from a mistake of law or an arl:lllI'ary The Dffiee of the Special Prosecutor shal l be
aocertainmenl of facts; composed of the Special Prosecutor and his
5. Are in the exercise of tllscrelionary powers but prpsecutlcm staff.
for 311 improper purpose; or
6. Are otherwise irregular, immoral or devoid of The existing Tanodbayan [al tl'Le time of the adoption
iust:lflcallorL of the 193T Constitution] shall hereafter be known as
the [Jffice of the Special Prosecutor. It shall con1:Inue
In the exenelse -of its duties, the Dmbudsman is given to function and exercise its powers as n o w o r
not administrative disolp unary authority. Hls power hereafter provided by law, except those conferred on
is nut ]in1lted merely to rer:ei1.r1 fig, processing 1:l'Le DfNoe of the Ombudsman created u n d er M e
eonlplainm, DT reeoonnlending penalties H e i s t o Constitution. {3oII:Iiuor in. Gonzo!-es, ER. No. ?s6s0-?oi
conduct investigations, hold hearings, summon Dctotier i 1988]
witnesses, and req1.Lirle pmducdon of e1.fldenr:e and
place respondents under preventive suspension. Thls The Tanodbag.-'an [called the Special Prosecutor under
includes the power to impose the penalty of remo1.ra], the 198? Constitution] is c]earI.'l.r without authority m
suspension, demotion, fine, or :ensure of a put:ILil: conduct preliminary investigations and to direct the
officer or employee. fOmhu$mon LL Einiieia, ER. Ho. Ellng of criminal cases with rthr: Sandlganhayan,
16991, dletoirer 10, 20031 except upon orders of the Ombudsman The right to
do so was lost when the 19BT Constitution became
HDTE: Appeals from resolutions of the Dfflee of due effective on February 2, 198'J". [Salvador Perez H.
Dmbudsman in adminislralzlve disciplinary cases San-di,ganbo.yan. ca. No. 166062, September 26, 2066]
should be taken to the Guurt of Appeals uia Peti1:ll::n
for Review under Rule 43 it' the Rules of Euurl; In Errata LL 5'ond[;Ionboyan. 139 some 252, it was hem
l'FI:1bian if. Desierru, ER. Na. I2sF42, Eeptemher 16, that the Special Prosecutor may prosecute before the
1998] Eandiganbayan judges accused of graft and
-corruption, even if their COME under the
Authuriw ul' the Dmhudsman in rievicwing penal administrative superudslon of the Supreme Court l'De
urn-needing; Leon,2l5II4}'
The Court cannot review the exercise of discretion of Pursuant m PD IEIDT, the Tanodbayan r:0u]d t*e'u'1ew
the Dmbudsrnan in prosecuting or dfsmfsslng a and reverse the Rndings of the cry Fiscal, and order
complaint filed before it; It cannot interfere with the him to w11j:\ltltaw certain charges, inasmuch as the
discretion of the Umbudsrnan to determine the President's power of control [in 'this instance] is
specificity and adequate.-' of the averntcnls of Me exercised net bar the Secretary of lus1:ice but by Me
offense charged. The Dmhudsman may dismiss the Tanodhayan because the |::t`fenseJr's charged were
complaint forthwith If he Elf ds II to be sufficient fn a]]eged]}r cammltted by a public functionary in
form or substance or if he otherwise finds no ground can nectin n with her nice. [De Lean, 2914 citing J'nri:1g
to continue with the fnquf car; or he may proceed with H. Tanadbayun, sfsciwt 4941
the 1n1.-'esdgation if the complaint is, fn his view, fn due
and proper form. [Dcompo v. Qmhudsmon, ER. No. LI ' I
1034641 Ar.r,l;l'ust3Q 1993]
Sandiqnnbaynn is a special appellate cpllegial court
]'!H}TE: W'hl]e the Dmbudsman has the ful] disl.'ne1:ie-n in Use Philippines. The special r:pILLrl was established
to determine whether or net a erlminal ease is to be by P.D. Hp. 1488, as subseqluentlg.-' ma»dlEed by P.D. Na
filed, the Churl is not precluded from reviewing die 1EII]EI and by RA. numbered 7-'-3?5, 8249 and 106560.
Il]mb1.Ldsman's aetldn when there is ave abuse of
diseretidn. (Garcia-Rueda v. Fascusld, l5'.R. No. 118141, lTnmlw'4itinn Chi Ihr- .irxndigxanbqvnn
5'ep£ember5, I95IFI]
Under F.D. 1506, as amended by RA. 8249, further
-'Hi{'1=l'|ilE[=l-*il=fl4|lH=|'l*=H!l1'I=- amended by RA 10669, it is edmpused Elf:
PDLITICAL LAW
1. Preslding justice; a no b. Members of III:l::ngJ'ess and affleials thereof

2. Twenty Assnclale luslices, aim the rank of classified as Grade 27 and higher under the
Justice of the Court of Ap peals. Enmpensatinn and Pnsllinn Elass1Heatlel11
Art of 1989 :
NIJTE: It ills in seven dlvtsinns 1.»dth three members E. Members of the judiciary wllhnul prejudice
each. la the provisions of the El:mstllu1:i on ,
Nah mr -'it tl\p *inn-1.EgFlnI*flrnn d. EJ'Lalrme11 and members of Gnnstltudanal

Enmmissians, wttlmut prejudice to the
Sandlgattbayur: us NDT a cunsiltudonal r:rJ1.1rL It is a prnvlsinns of the Constitution, and
statutory mutt; that is, II is created 111:»t Br.' the
AJ] other natlnnal and Jacal uncials
I:III:lnstitI.Ltll:l11, but bl.' statute, although ill creation is
classified as G1'ade'ZTand higher under the
mandated buy the -Constitution.
Compensation and Pnsllinn Elass1H1:atlrJ]1
Ex1:IL1si'.u:- nrigina I jurisdiction ul' Me
AEtDf1'3B9.
'i11Hrfi-'lntthnluw 2. Dlher offenses or felonies wl'lether simple fir
complexed with other crimes committed bar the
1. Ylnlati-uns of REL Hn. 31:ll1'EI', nr the .Hintl-l8Graft public officials and employees mentioned in
arid Corrupt Practices Act, REL Hn. 13r{J. and subsection {a] of Section 4 in relation to their
Ehapter II, Suction 2, Title '|"]]., Bunk |[ of the office.
Revised Penal Cade, where one nr more of the
accused are nM-cials occupying the fnii-nwing 3. Elvil and criminal cases filed pursuant in and in
pnscltinns in the government whether i n a nunnectiun with Exe1:u1:11.-'e Under Nas. 1, z, 14 and
permanent, acting at interim capacity, at the 14-A, issued in 1988. (PD 1606. Sec. 4, cu' amended
time of the cumtnisaimt of the cnffensez by RA IEIEEISL Ser; 21
3. GMcials it' the execuljve bran-l:h occupying MUTE: The Regional Trial Eourt shall have excusive
We pnsltinns of regional dlrectur and higher, original 1urlsdil:tion where the infomlatlon: [a] does
alhe:r1Ad3»e classified as Grade 'ET' and not allege any damage to the government or any
hjg]'Ler, a-E the Enmpe11s'.a1:1nn and Pnsitlnn bribery; DI' [b] alleges damage to the government or
E]assiEc..'a1:irJn Art of 1989 [RJL Nu. 15T58], b1'iber'g,r arising from the same or closely related
spec ticalllr includlngz transactions DI' aeu in a11 amount not exceeding Dne
million pesos [P1,DDD,DDD.0D]. fR.A I8E88, See 21
l. Prnsrine'lal governors, vice-governors,
members of the san8guniang In :ass where none of the accused are m u r r i n a
panlalawlgan and l::lrn1.=inr:1a] lreas1.Lre1's. posllions corresponding to 5a]ar.'l.' Grade 2? DT up,
assessors, engineers and ether pruvindal eeeelushre orjpgjnal i'LLrlsdlr:t1on thereof shall be vested
department heads; in Me propel' RTE, MTC, MeTEI. and mere, as the case
may be. [In-folj
n City mayors, vice-mayors, members of
the sanggunlang panlungsed, city
In case private individuals are charged as cn-
1:reasurers. assessors, engineers and
e-Uier city department heads; prlnclpals, accomplices or accessories with the public
aflicers Ur enipluyees, they shall be tried Jointly with
Ilil- {]fEdals of the dlplamadc senrjce said public aMbers and emplajfees. 1']bid.jl
accupyrlng the pnsi1:lan of mnsul and
higher; Prlvate persons may be charged together with public
oftieers to avoid repeated and un ner:essar],f
Fhilipplne am1j.r and air force -l:nInnEls. presentation of witnesses and exhib18 against
naval captains, and a]] afticers of higher conspirators in different venues, especially if the
frank; issues lm-'olved are Me same. It follows therefore that
if a prlvale person may be tried 1olntly with public
v. DflEI1r:ers of the Phihpplne National Police
ofEoel's, he may also be oomrieled Jointly with them.
while neeupgrjng the p-nsiliun of
{8simnl:ir'id' v. Enndiglnnhoynn, is. !'ll'0L L-58329, Marsh
pr::1.-'im:1a] d:irer:tm' and those heldlng the
22, 1s:-2-1)
:rank of senior superinle ndent nr higher,
UL City' and provincial prln-sel:utnJ's and their Iktnrminarinn of the iurisdicliun up the
assistants, and afficlals and pmsecutnrs 'i-Iruffgxanbllvamr
:in the Dflice of We Dmbudsman and
special prosecutor; and It shall be determined by the allegations in the
information speeltieally on whether or not The acts
'LrI{. President divecnnrs as trustees, nr' Rom p-lained of were oommitoed in relation to the
managers of gG\l'E'l"['ll§7.E[II[-'D'INT1Ed DI' . o-fheial functions of the accused. II is required that
mntrnlled mrpuraij-uns, slate Me charge be set forth with partieu]arit'.g,r as will
unlversllies or educatinrial lnstllutjans reasonably indicate that the exact offense which me
or f::LLndatlons. aoeused is alleged Ito have committed is one in nelatjoo
TOT
to his affine. llarxnn I-". Execun'u'e Secremigg 5.8. Na NUTE: Under Sec. 13, RA. 3019, any public uflieer
128096. [anunry 20, 19951 against whim any erlminal pndseeudan under a valid
lnfdrinatldn under this Art at under the nncwlsinns of
lurisdiciun uvcr the irfnlaljnn of ERA. Nu. 9165 the RFE on bribery is pending in mum shall be
-"rrl:u11i1*rr1 mf A puhlit nmri=l with *h1=11"\* li1"=\flp suspended from ufiiee. Should he be eu-n1.flr:*ted hi' Ina]
_ _
Jud,p,1'nent, he shall lase at] retirement or gratuirj,"

benellls under an_',r law, but if he is aequltted, he shall
A plain neadtng of RA. 9165, as nl FL."'l.. 6425, wm be entitled ld relnstatenient and to the salaries and
reveal that iurisdietlon over drug related cases is beneflu whldi he failed to neeelve during suspension,
e:1»:l:III.l.sivel.v vested with the Regional Trial Eourt. The unless in the meantime administrati1.-'e proceedings
clear intent of the legislature is not only to retain the ha1.re been filed against him.
'exdustve original Jurisdiction" of Lhe RTC; ever
Wolations of t.he drugs law but to segregate from Appeal from a decision of the Snndiqanbavan to
antong the several RTE. of each ludteial region some the so
RTEs that will "exelLlslvelv trj.r and hear eases
involving vloiations of RA. 91155." If at all, the change The appellate iurlsOielion of the Supreme Court over
introduced be the new phraoeologv o-l'5er:t:lon 90, RA decisions and flora] orders of the Eandiganbayan is
9165 is not the deprivation of the RTI:Is' 'enelusive llmlled to questions of law. {Co'boron u. People, on No.
orlgina] jurlsdletion' but t:he lilrther restriction of this 156981, -October i 2oo91
'exdustve original Jurisdletlon. The exeluslve original
1urisdilL't:lon ever via]at:lons of RA. 9165 is not lll-.qnttvn wpalth
transferred to the Sandiganhavan whenever die
abused occupies a position elassttied as Grade 2? or Any asset, property, business enterprise or material
higher, negandiess of whether the Isolation is alleged possession of any person within Me purview of See. z
as committed in Ne]at:lon to office. The power of the of R.A. '.i"08i:i., acquired Br him direeijy or indirectly'
Sandiganbayan to slt L11 judgment of high-ranking through dummies, nominees, agents, subordinates
government oftidals is not omnipotent. The and,l"or business associates Br any eombi nation or
Sandiganl:l»a}ran's jurls»dletlon is r:ireunLs»l:rlhed by law series of the following nteans or similar schemes:
and Io limits are eurrentl},r deaned in RA. 1 D6l5l].
1. Through nUsapproprlation, conversloit misuse,
Section 4{b] of F.[:L 1606, as amended be RA. 13660, or nialversation of public funds 1]l' raids an the
is the general law on Jurisdiction of the public treasury;
Sandiganbayan ever crimes and offenses cdrnlnltted 2. B:,* receiving, directly ar lndirectljr, any
by high-ranking public offlcecs in relation to their commission, gift, share, percentage, kickbacks Cr
office; Section in, R.A. 9155 is the special any other farm bf pecuniary benefit Eom any
law excluding from t.l'Le 5andi.g,anba.'l,f am's jurisdiction person and,.For entity in connection with any
'violations or RA. 9765 committed by such public government contract Cr project Cr by reason bf
ol'Iicers. In the latter case, Jurlsdlctldn is vested upon the oElllce Cr position bf the public of hoer
the RTE. designated by the Supreme Court as drugs concerned;
court, regardless dfwhelber the =.old]ation of RA. 9165
was committed in relation to the public oE1'icla]s'
3. Br the illegal or fraudulent conveyance or
office. foe Limo v. Euerwrd an Ho. 229781, Dttnber disposition of assets belonging to the National
Io,2n/?j Government or any of lt.s subdivisions, agencies
or ln§:runlentallties or government-owned-or-
controlled corporations and tliei r subsidiaries;
4. B:,* obtaining, rece11.rlng or accepting directly or
All lhnee members of a dhrlsinn shall dellberale on all indirect11.r any shares of stock, equity or any other
matters submitted fur Judgment, decision, Final order form of interest or participation including
Dt' 1'esl:»]1.LI:ll:IJ1. promise of future employment in any business
enterprise or undertaking;
The eoneurrenoe of a majority of Ute members of a 5. B:,* establishing agricultural, industrial or
division shall be necessary to render a judgment, commercial monopolies or other combinations
decision, or fins] order, or m resolve interlocutory or and for implenientatlon of decrees and orders
ineldenta] motions. (RA 19660, Ee: 3] intended to benefit particular persons or special
interests, and
Maud-1mm *=1\'ir1pt1~;i:lf1 of =l nvhlir nfEf'-rr 41!ilin~zt 15. Br taking undue advantage of official posItIon.
vellum a valid illfnr'lua1:inn is Elird
audioritj,-', relationship, co nnection or influence to
uniutly enrich himself or themselves at the
It is now settled that Sec. 13, RA. 3019, makes lt
expense and to the damage and pi'eiud1-oe of the
mandat-dr'.l.r fm' the Sandiganbdynn to suspend any Filiplno people and the Republic of the
public l::ff11:er against whom. a valid infarmatldn Philippines. [Rel 7888, 'Arr Act Defining and
charging did Latlan of that ]aw, or any offense im-'dl1.rifig
Fenaiiaing the ifrime of HunMr'}
fraud up-an the gmrernmenl Ur public funds DI'
prl::lperq.r' is filed. {8ai'asti,g u..S'andiganbn.4ran. as Na
IIEt503. August 4, 1994]
PDLITICAL LAW
Nnn-Hpplirahili1"4 of Drp'irrilllicln. 1==lrh1'*a anil 1. the nffidal has been elected for three enlmseeulive
fitmmrl in tlrimin=11 l1['n1nr'l,l.l'i.nrl. Inr *hr rp¢*'1vfrv terns for the same pnsidan, and
of il1-*1ntlp*1 we= lth 2. he has fully served three consecutive terms.
{Ll:mz.r:rnid'a 1.-'_ EUMELEC ER Ne. 135158, July 28,
The provision found in Ser; 15, Art al of the 1"8l'E'F I959;
Constitution that 'the right of the Slate to recover
properties unlawfully acquired by public oFl'lcla]s or Rafi-nnale: To prevent 11he establishment of pnlltical
employees, from them or from their nominees or dy.-'llastlcs and to enhance the freed-0-n1 -Inf-choice of the
transferees, shall not be barred by prescription, lathes people {8a.rj'a,j'n P. EGMEL EL1 ER He. 133495, Sept. 3,
or estop pel," has already been settled in Presidential 15981.
Ad Hoe Foet-.Fl!nd'in,g Committee on Eeliest Loans u.
Desierto, ER. No. 133140, where the Court held that The three-term limit dues nut applier whenever there is
the above cited constitutional provision 'applies only an involuntary l:lmealL The Cunst:ltl.Lliun does nut
to civil actions for recovery of ill-gotten wealth, and nequlre that the inlerruptlnn DT hiatus to be a full
nor to criminal cases i'PmsidentTof Ad' Hoc Fort- term of three 3-tears. What the law nequlres is for an
Finding Eommittee Ein Belted Loans v. Desierto, do. No. interrupt:lan. break, DI' a vest perlcnd f r o m a
135?15, April I.8', 2811] r:andidate's term of free 'Eur any length of 1:ime."
[Dixon I-l'. muster; ER. I82[I08,jl:lnuury3E1. 2089]
Ynll1mwrpnun"Wnn
Tm-rm 91. Tvnllw
It is an act of surrender based DHthe sII.LrrendEJ'ee's
own freely Exr1'r:i5td will; in -other words, a loss of
title to once by :nnsciaus chuicr {.l4.fdnwnu In.
The Lime du ring 1.-.'l1I»:l1 TJ1e Rl1~lJresl;-nrs
the purled EDHELEC. as ND. 184836. Der:ember23'. 20091.
nflieer may -claim to hold during which the
lite nfliee as a right, and incumbent ar:l:l.la]l],r holds MUTE* Voluntary rvenunciatinn -of Me office for any
Hoes the interval after Uris once. Inngth of time shall not be mnslde:l'ed as an
which the several interrupdan in the cnntlnuity of his service Fur Me full
lncumhenls shall succeed term for which he was elected as? Eanstfrudnn, Art.
l:l-he another. X, Sac. 8).
It is nat affected by It may in: shu1tr:r than
Q: Is the preventive suspension of an elected
holding over of the term.
public official an interrupt-Iinn 01 his term ufoffire
incumbent after exp lra1:iun
of the term Eur which he for pll.rpn»sl:s of the thru-term limit rule under
was appointed or elected. Scl.'til:m B, Article I ul' Igor: Eunstitutinn and Scl.'tiul1
43[ll] DfREPl.lb1i.'IE in Nil. 7160?
A.: N D. Strlct adherence to the intent of the three-term

NUTE: Term 0.f njl"1u:'e is different from the right m h4:1u'a limit rule demands that preventive sILI.spenslc»n should
crjlice. The latter is Lhe just and legal claim to hula and nut be considered an interruptlbn that allures an
eniny the powers and mespnnslbilities of the nftiee elective aEicla]'s stay in nfflce beyond three terms. A
[Eusihang v. Aqlulna ER. N-n. 1.-38825, Aqgnrst 20, prevent:l1.re suspension cannot simply be a term
15?9]. interrupdan because rLhe suspended dfhcial cbntinues
la Sta.'l.r in -dfflee a]t_hbug]1 he is bar:l'ed from exercising
Hindu Ni h'\rrrh1 the functions and pnerugatives of the ufflce within the
suspension peri od. The best ind cater o f t h e
1. Term fixed by law; suspended nEfic'1a]'s cd-nt1n1.Lltj.r in dfflce is the absence
2. Term dependent an good behavior until reaching of a permanent replacement and the lack of the
retirement age; and authdrlty to alppdlnt one since no vacancy mm
3. In-definite term, which terminates at the pleasure {AIddv[na v. CDHELEC G.R. He. 184836, December 231
of the appointing authority; (Bones H. EA, on No, 2009).
L-3845,Augusr21, 19981
Hula.-nm:
Th1wpfTlprm Limit Ruhr'
in the absence of an express 'DT Implied eensljtutjnna]
The term o f f r e e of elective Ideal nfflelals, except DI' statutory prtruisllrm to the contrary, an nfflcer is
barungay edTlelals. whlr:]'L shall be determined by law, entitled to htlld afEee unti] his successor is elected nr
shall be three years and he siLLi:h effidal shall serve fur appe'inted and has qualified flecurcz un
more Elan d'Lree mnseeutive terms. l'I LIEF Eundtgunbuynn, ER. Ne. 13885-'?, March 25, 19991.
Cnnstitutleum .4.rr_ X, Ser; 8 ]
TO-rm limits ufelcftivc nffiu:-rs
For the three-term limit rule For e[ler:1:i1.-'e Inca]
gu1.re1'11n1ent nor:ials to apply, Iwo mndidans nr 1. Presldenl - SLx [6] years, w'ltlllJut re-election,
bequisltes must concur, to wit
1'?!3
al. ADMINISTRATIVE LAW
2. 'lifioe President - Six [6] years, with one re- Includes the body of judicial doctrines on any of
election If cnriseeudve, the abjure. fee Leon, Admfné=.'Lr'atiu'e Lcrw.- Text and
3. Senators - Six [E] years, with one re-electinn If Ease; p.3}
::msecu1:11.re,
4. Representative - Three {.3] years, with :we te- r1 =r41iEi"=v'i nui-
electimls if cunsecutlve, and
5. Luca] Executive Dfiieials - Three [3] years, with
two to-elections if mnseeutiue, in the same Law Mat mn.t1'nJ's Law made by the'
Pg5lli[l[l ndminisrra :in ndminisrrurivwe
authorities nlrnliuritics
X1.ANHINlSTR.ATlVE Law Genera] regulations a;
'l:D]lstllllti.DlTI, stauites, particular
Qlrinilnrhlllurllilnlulu. Judicial decisions,
Executive Dnders,
d.E'[ETTIliT18.l[lDTlS,
constitute under
Adm ini*1rlr=\ri W law Adminisl:l'al'i\re -Elrders, delegations of power
etc. embodied In slatulory
It is a branch of public law fixing the arganizadan and administrative law, and
determiiies the competence of admlnistrat11.re imposing and eonalandy
authrnritles and indicates the lnd1'u1dII.L1l remedies for expanding Oody of law.
the viI:lla1:ll::n of the right. {Hl:1cJ'Jr.rm Qutfjne Rel.-'iewrr
in Pnliricnf Law, p. 493]
1lllllllllll1n!!!1
Adjective DI' Procedural
!4gn!4lllllllllllllll
Substantive
GR: The Revised Adnllnls1:l'alive [Lode is 'Lhe principal Adminis£nm4eLaw Adnrini.~str'ofhpe Low
text that governs this branch of law. The Code, Estabniishes Un: E1l.!I'I1.»'zLi l:1J:ll same
however, dues not over the military as lung as It prucedurle which am SIJUTEES but c1:1nten13 EYE
deals with purely mliitary affairs. They are gnvemed agenqr must DT Ina;-' different In that due law
br.' the Articles of War. fallow In the pursuit at establlshgs primary
IIE legal purpose. right and duties.
KPN: If it deals with their relationship with the
civilians, steel] governed by the Admi11jstr'atl1.re Cade. Minh I I icability
Generah!dmfnisn'n£.'ve Special.-" Particukir
Dlher lnstllutlans excluded: Lmt AdmjnF.'s'El1:.lzivr Law
I: |:= _LE111'l I' .II t't3i : I :
1. Eward oF Pardons and Parole,
n a t u r e aJld c o m m o n m partlr:1.Llalr su r vive;
z. Slate Universities and Eulleges; and
all, uc mnsL proceeds from the
3. Highly Uthanized Cities.
administcadve agencies, p a r ti c u l a r S1IEll'LllIE
chleHy but not :be a ti ng the inl:l11.rldLLal
Administration
excl usi vel y pJ'clceduJ'aI agenqr.
law.
1. As an [nstitu Lion-It refers to the group or
aggregate of persons in whose hands the reins of
government are for the time being.
Kinds:
z. A: cl @mtinn -It pertains to the efxecutinn, in

1. St.atLLtes setting up adminlslratlve authorities;
non-Judicial matters, of Lhe law it' wil] of Me
2. Body of doetrlnes and deeislons dealing wllh the
Slate as eafzpressed by competent authurjly.
l:reatloJ1_ operation, and effect of determinations
{1'l.f¢:rr:hun:1, lha.l::' at 453]
and regulations of such admlnlslratlve
authorities;
Scnpii 3. Rules, regulations, or orders of' such
administl'at11.re authorities in pursuance of the
1. Fixes the adrnlnistratlve operation and structure
of the govern rent; purposes, for which adminlslratlve authorities
were created or endowed; and
2. Eneecutes Ur enforces that which is entrusted to
administrative authdrlties {all those public
et. D-mnibus Rules Implementing the Labor Code,
nMcers and organs of the gtlvermfnent charged
:1n:u]ars of Centre] M nnetary AuT.hl::lrit'.5".
with the amplificatlan, application and execution
l::t'the]aw];
4. Determinations, decisions, and orders of such
3. Eciverns public afters and creates
adminisII:l'ali1.re authorllies in the oerljemenl of
administrative nfflcers,
controversies arising in their particular field.
4. Pmvldes remedies to these aggrieved by dies
aden-cies;
Ag. Awards of HLRC with nespecl m money
5. Enverns ludi-cia] Review;
claims afen1p]u},tees. Mathura, supra a't45l3j'
6. Includes rules, regulations, orders and decisions
made by ad ministtatlve aLLthn rises; and
PDLITICAL LAW
-=$IIMIIJ1».1l:MI1l\'l =H¢I:IJlnln~:~ It is any principal subdlvisian or unit of any
departrnenl; [Admfmktmliw Cade, Sec. 2{8}tj
DMU:
It is an organ of the government, other than a court
and the legislature, which affects Use right: of prluate It refers to any major functional unit of a department
parties eiUier through adjudication DT rule making. DI' bureau including regional onces. It may also refer
fWuehum, Elutilne R21-'fewerfn Pt1J'it1'4:'aiLaw, p. 494,T to any position held or occupied by individua]
persons, whose Functions are defined by law or
lnrplrprptal'i in u f the I1-uwpI"~1 of the admit itrativv regulation [Administrative Code, Sec. 2[rlE|']|.
3E!2:I1Ei£i
Wvatiwn, AhnliHnn and Rpnr1=2tni1alinf1
Administrative agencies have powers and EunlL't:lons
which may be adlnln lstratlve, lnvestlgatorjf, Ercatinn and abolition afnffice
regulatory, quasl-]eglslat11.-'e, or quasi-1ud1-cial DI' mlx
of the five, as may he conferred by the const:ltut:lon or The cneatlon and abolition of public offices is
by the statute. They have in fine only such powers or primarily a legislative function (Eugenio u. ESC1 IL'F.R.
autho rltjr as are granted or delegated, expressly or No. 115863, March- 31, 1993). However, the Presldent
impliedly, Br law. And in determining whether an may abolish an olTlce either from a valid delegation
agency has certain powers, the lnqulrjr should be from from Congress, or his inherent duty to Ealthful.ly
the law itself. But once ascertained as endstlng, the execute the laws 1"EImo,go u. Philippine Truth
authorlqr given should be Ilheralljr construed. Eomm-Brsfon of solo, ER. Ho. 192935, December I i
(Soriano nr. MTRC8, as. No. Il5_'i?85, .4prll' 29, 20991 2El*II5lj.
Mannpl" or* r ttatinn
A body or agency is administrative where 113 EII.Lnet:ll::ln 1. Ennstllutl-una] prmrlsi-nn

is 'prlm.arlll.r regl.l]atl::r.gl.r even If II enmiuels hearings Ag., esc, CDMELEC, mA. CHR
and determines CDlTlt["1]"l!'ET§1E5 to carry nut its z. AuMoriq.-'af law
negtalatarjr duty. EM HE ]'ole-maldng authurlty, it is 3. Legislative enacunent [Nash urn, supra at 494]
al:1n1lnlstra1:1ve when II dues not have discretion m e_g., pa]E»q.. ECU
determine what the law shall be but merely
prescribes details fer the enfeneement of the law.
Flf=v=»1f\'i [nr Thr- |'rp=~lifm of =r1mird'i'I*=11'i1rp
l"!ll'l:1el'J1.lm, supra at 494]
agencies
1. I-Ic]p unclog hurt dackels;

2. Meet the growing mmplexlties of madam
It refers "to any agency,-' of the Natjenal Ecnrernment,
sncleqr; and
nut integrated 'within the department E1'amew41rk. 3. I-Ie]p in the regtllatl-nn cif ramIfied a-cli1.r1lje3 -of a
vested -.mm special functlens DT iurlsd lctiun by law,
developing CDI] ntl'.l.f.
endowed with some If not all enrperate powers,
adntlnlsterlng special funds and enjajring nperatidnal
Elpmpntl inf avaiid ahnlilinn of nftlfr
autonomy, usually through a charter. It includes
negulatnrjr agenclea diartened instltu1:lens and 1. In good faith [good faith us presumed);
gcl1.re1'11ment-l::w11ed or cclntrdl]ed
2. Not for poljtlcol or personal] reasons; and
cdrp4Jratlena"{Umted' Res1de::IJ';l: of Dominican His: u.
3. Not in 1.rlo]at:l-on of law. l"ROque v. Entto, GR. No. L-
Enmmlsxfnn in the Settlement -q,IFLand Prnhfemi as
38244, September 28, IQF3;
Ne. 135945, March 7. 2mJ1,1
HDTE: The Eengness has the right to ahcnllsh an office
82811138 even during the term Eur which an exlsling incumbent
may have been elected EXCEPT when hesuained b:.'
It refers to any of the various units of the gavemmeltt,
the -EnnstitII.Ltlc»rL
including 3 department, bureau, office,
lnstr1.Lmenlalll].I'. DT government-eumed or eunwulled
Rcurganizallinn
enrpuratiuns, or 3 lueal government -Ur a distinct unit
therein. l'Admlm8.'1'm time Cade, 59121.
Reorganization inoue-lve:a the reduetian of person nelL,
ennealtdatiun it ettiees, Ur abnl:itia»n thereof by reason
Dnuartlncnt
of eennemy or redundancy of I"l.l11etinns. It alters the
endstlng strucllwe of gmrernntent nEar:es DI the unite
An executive department created *re law.
Ihereln, lneludlng Me lines of enntml, autjtnrittr and
,lfAd'minlstmnue Code nfl931 Ser: 2{5-'jj'
nespnnslbllttgr between them to make the tluneaueraqff
mere responsive to the needs of the public clientele as
Bureau
aulherlzed be law. (Pan u. Pena GR. Na I'?4244.
Fe!1-runljl.' In 2809]
181
Cil'rnm'=tanrp1 what mar ht cnnii dvrrd at l"E{rl:10,g'a u. The F!tiJ'lppine Trutfi ILT4:rmmlss'I4:rn 0/2lcr/0,
pvi-'lfnlv :of had f==Iith in 4 r-rmfwal nI1r*¢uaf\* to QR. No. 192935, Dgggmbgr F, 2:11 UI'
1"pnr11anizarinn- Il'I 111 we 1'1"a111'i 118 r-ril1'ilattmr-nt nr
rcatltlninun-cnt Q: [5 the creati-nn -Ni Me PT-E joe:-:tiEEd be' He:
Presidents power of cunnul'
1. Where there is a slgni scant Increase in the
number of positions in the new staffing 'pattern of A: run. Control is essentlal.l]..r the power to alter DT
the departrnentor agency Cl] ncerned; modify or nullifier DI' set aside what a subordinate
2. 'Where an office is abolished and other officer had done in the pe1'folrnlanr:e of his duties and
performing sILLbstantiall.=,f the same functions is to substitute the Judgment of the former with that of
created, the latter. Clearly, the power of emltml is entirely
3. Where incumbents are replaced by those less different from die power to create public oliflces. The
qualified in terms bf status of appointment, former is inherent in the Executive, while the latter
performance and merit; Ends basis from either a valid delegation from
4. Where there is reclassification of of-ces in the Eongress, or his inherent duty to Eaitl'Lt'ull5r execute the
depart ment o r agency concerned and the laws Hilroogo u. The Philippine Truth Commission of
classified offices perform sII1l:lstant:lall_1,r the same 2l5l18,L*JI»dj
function as the original offices; and
5. W h e re the rem oval 1.rlolates Me o rd e r of Q: 'What then could be Me jusiifieati-nn for the
separation provided in Sec. 3 of RA. 15-656. Presidents ereaiiuo of the PTE'
ffoNongco v. Frouinc-s all"Ell{lmn, l5'.R. No. 15?/39,
ErctoberI9, 291 LT A: The crest:lon of the PTE Ends justification under
Sec. IT, Art. vll of the Ennstltuti-on imposing upon the
Q: President Aquino signed E.D. lilo. 1 establishing President the duty ta- ensune that the laws are
the Philippine Tmljh Commission of 2llll] -[PTE], l'aitl'Lh.LIly mecuted The Presldent's power to conduct
an ad hoc body with die primary task to investigations on ad him in ensuring the faithful
investigate reports of grant and corruption. execution of laws - in this ease, fundamental laws on
Biraogo assert that The PTC is a public office and puhlfc accourttabllfty and transparlencjf - is inherent
not merely an adiuoet bod].r of the Dflice of the in the Pnesldent's powers as tlhe Chief Executive. The
President. Thus, in order Mat Me President may fact that the authorltjr of the President to conduct
create a public oltice be must he empowered b]r investigations and create hodfes to execute this power
the Eonstitution, a statute ar an authorization is nut explicitly nle11t1nned in the Cnnstltutzlnn or fn
vested in him bi' law. He claims that See 31 of the §:atutes does nut mean t.hat he is bereft of such
Administrative Code of 1987, granting the authority.
President the rontinuing authority to reorganize
his office, cannot serve as basis for the creation of The Executive is given much leeway in ensur:lng that
a trutlt commission considering the aibresaid DUT laws are Eaidtiully executed. The powers of the
provision merely uses irerbs such as reorganize, President are not limited to maltose specific powers
transfer, consolidate, merge, and abolish. lrlsofar under the Constitution. Dne of the recognized powers
as it vests in tile President the plenary power to of the President granted pursuant to this
reorganize the i]1l'lice of the President to the extent oons1:itut:lonally-mandated duty is the power to create
of creating a public office, Sec. 31 is inconsistent od hoc committees. This flows from the obvious need
with die principle of separation of powers to ascertain facts and determine If the laws have been
erlshrined in die Constitution and must be faithfully executed. It should be stressed that the
deemed repealed upon the etfectivity Meteo E purpose of allowing od Noe investigating bodies to
Does tbe rieation of tbe PTE fall witbin the ambit exist is to allow an inquiry into matters which the
of tile power to reorganize as expressed in Sec. 31 President is entitled to know so that [he can be
oithe Revised Administrative E-ode? properly advised and guided in the periormanoe of his
duties relative to the execution and enioreement of
A.: no. Reorganization refers to the reduction of the laws of tlle land. fdimogo v. The Phlflpp-.lne Truth
personnel, consolidation of oliicles, transfer of any Commission- ofEEJ'I8, smfgr
function and,r'or agency under the -Uffioe of Me
President to any other Departl'nentfAgency or vice NUTE: The EE, however, declared the creation of PTE
versa, or abolition thereof Br reason of economy or as unconstitutional far vlclating the equal protection
redundancy of functions. This refers to situations clause.
where a body or an office is already existent but a
modification or a]te1'ation thereof has to be effected Kinds of administrative bodies or agencies
The r:reat:lon of an oEice is nowhere mentioned, much :l,rr-q l.'l'l i.ll.l=r 'I'-fl l"l1.1=~i T' p11rpn1r
less envisioned in said pro1.rlslon. To say that the PTE

is borne out of a restructuring of the Gffioe of the 1. Those created to E1.Ln-l:t:1-nn in situations where the
President under Sec. 31 is a Jnisplaced supposition, government otTers grallLltlr. grant, DT special
even in the plainest nteanlng attributable to the term privilege
'restructure' and 'alteration of an erdstlng strum:ture.' 4 GSIS, 555, PAD
Evidently, the PTE was not part of the structure of the
Dftice of the President prior to the enactment of E.o. 1.
PDLITICAL LAW
Z. Those set up on function in situations where the nf.ll\dminist]al:l1.-'c

government seeks III carry an eertaln functions of Remedies [DEARS
government Does not req uirc prim r Requires prior notice
e.,l.;II., EIR, BDC, 8 DI notice and hearing and hearing [except
[enmepl when the law when the law does not
3. Those set up in simmons where the government equines lt]. require lt].
performs bl'LI.slness ser1.dee for the publlr: May be assailed in Appea]ed to the Court of
et., PNR. mw55. FIFA, HHA court lhmugh an Appea]s via petition for
ordinary action. review [Ru]e 43).
4. Those set up to funetlan in situations where the
government seeks to regulate businesses imbued Hnn-1imil=rih' of funclinni and pnwrr*¢ of
with public interest admiui ifrariw aFrmim
et., Insurance Gunlrnisslnn, LTFRB, HTC
Hot all admlnlslratlve agencies perform the same
5. Those set up 11: funetl-un in situations where the hinetinns ar exercise die herpes oF pewee While some
government seeks under the pnliee p-uwer to act met*el1.r as ln1.-'estigalive ac ad1.rlsnr.1.r bridles, must
regulate private businesses and individuals adniinlslrative agencies have ln1.-'esligalive. rule-
et., EEC, MTREB making, and delecmi native functions, ar at least two
cfsuch funclinns.
E. Those agencies set up re Mncdnn in situations
w1I'Leve the government seeks to adjust individual
['[l['l1II'D'l.l!ET§iE§ because of s1:l'I:lng sundial p::liq,r
1nvn]ved The exerlclse of delegated legislative power, lnuulving
e.,gI., NLRC, EEC. EEC 110 disevetlun as to what the law shall be, but merely
the aulhurltlr to Ex the details in the execution Ur
-ll'JI |£h=|rl.1|I£{|M||Jlw|=£iu\*|=M¢l:|»'flI:¢.- enforcement of a policy set out in the .law iuelni
[Nash urn, Elutflne Reviewerly PaJ'iLI'cl:lI Law, p. 454]
Administrali'rre power Ur l'uol.'til:m
It is d'Le power to make rules and neguladons which
Involves Me regulation and control over the conduct results in delegated legislation that is wi thi n the
and affairs of individuals far their DWTI. welfare and tontines of the granting statute and the docttlne of
die promulgation of rules and regulations to better non-delegaNlliqr and separation of powers. (Hobs
earr1.r out the polis.-' of the legislature or such as are Spirit Homeowners Associotfon vi Secretary Defense;
devolved up-on the administrative agen-l:j.r be the s o No. r 6ss8it Augusts 2886]
organic law of lU endstence. [in re: Rodolfo LL
ll»a'onzono. AH. No. 88-T-1861-RTC 8ctoEJer_'i. I 5l8'8j' LPEi'»:I=I1iVIP vs. II'Jmr*¢i-lp38'i1l=l1'i1.f4* n-:1lw1"r
Powers of administrative agencies

Deturmjnc what thu- Jan' I Dl:tcrnlll]l: how thu- law
1. Dhtretfnnary - The law imposes a duty upon a shall be shall be el:\forl:ed
public officer, and gives him the right to decide | Eanncnt be delegated . I Can be dlzhzgated
hew or when the duly shall be performed, and
2. Ministerial - Dne which is as clear and specific as
Limitalinu'-2 re Igor* pwr¢'i'ip of au-r1~=i-1p;1111 =1fiv¢*
to leave ne men for the exercise of disccetien in l.]D"WET
113 performance.
1. Within the 11m1Ts of the powers granted to

Basic powers of administration: agencies administrative agencies;
z. Cannot make rules or regulations which are
1. Quosf-legjslaOve power DT rule-malr.i11g power;
lnoonslstent with 1j1e pro1.rlslon of the
2. Quosl-Judldal or ad]LLdi-o.'al;or'.l.r power; and Eonstltutjon or statute;
3. Dlele rminalimre power. 3. Cannot defeat the purpose of the statute ;
4. May not amend, alter, modify, supplant, enlarge,
lilllcwl-l1'»=i'i1=lri'.rp "4 *Til-*Hi-il1flirial nnwvr or limit dte terms of d'Le statute,
5. A r u l e or regulation nnJst be uniform In
operation, reasonable and not unfair or
Dperates in the future. Dperales 1J-33ed un past discriminatory.
face.
Ge11eraH applicadan. Particular al:+pI11:atl0n »\rlmilli'-rtrativv lr111p
[applies 0n]1.r in the
parties 1n1.-'0lved]. Any agency statement of general applicability, which
Marr be assailed in Duly be Challenged in implements ar interprets a law fixes and describes
mu it without court with prlur procedures in, or practice req:.Llremen1s of, an agency,
subscribing tcm due exhal.l3tln11 a f including i s reguladens The term includes
Dclr:trinc of Ex]1aus'tinn administrative reinndini memoranda Dt" statements concerning the interns]
3.dI'J1i]ll§l:l'3.tiDT1 or management of an agency "it

afFeL1:lng the right of, DT prnnedure available to the ageneles possess two kinds of powers, the quasi-
public [Adm.l'::rE.'Im Live Code 4:lf 15IB?, Sec. 2 {2j'j legislat:l1.re or rule-making power, and the quasi-
Judicial or adntinlstrative adjudicatory power. The
Source of 1;'he power to promulgate administrative ,first is the power to make rules and regulations
1"l1lr1 =ml rp911l11tin11~: resulting from a 1.-'alid delegated legislation that is
within the conllnu of the granting statute and in
Derived from the legislature, by virtue of a valid accord mot the doctrine of non-delegahlllty and
delegation, either express DT implied. sepatabllityr of powers. The second is the power to
hear and determine questions of fact to which the
Dactrinr* nfRuhnrdinatp [.r*»3',i~zlati-:ru legislati1.re policy is to apply and to decide in
accordance with the standards laid down Br the ]aw
Power of ad minisizralhre agenqr' to promulgate rules llself in enforcing and administering the same law.
and regulations on manners witJ'Li11 their lIIlw'lfl Petitioner had the explicit authority to fill in die
spe4:ial12'.a1:1l::ln. details as to how to carry out or effectively implement
the oh-iecti'ues of RA. Ho. T611 in protecting and
With Me of suhordlnate Iegil slatlon,
power enhancing Falawan's natural resources consistent
administrative bodies may Implement the broad with the SEP. In Fact, the petltidner was expressly
policies laid down in a stature be "filling in' the details given the autliorlty to impose penalties and sanctions
which the Congress may not have the opportunity or in relation to the implementation of the SEP and the
competence to provide. This is effected by their other provisions of RA. No. ran. ,free Pnlowon
promulgation of supplementary regulations, which Cormcil Jlior Sustainable Development U. Ejereito Lim,
have the force and effect of law. (The Conference of ca No. /831 FE, .4 r.lggust 34, 2816]
M-rrr1'rime Henning Agencies, Inc. '|.". FOEA, 5.5-_ Hn.
1I4?I4. Apr#21, 1995) Q: Redmont filed on ]actuary 2, EDD? three [3',l'
separate petitions for tb: denial of Petitioner
Rpa'=ann htllin-:l T11p fl-=l-n.+=.z~ trim Nana lviicl-Lel's respective Mineral Production
Sharing Agreements [I4-1PSAs] and,For Exploration
It is well estalollshed in thls Jurisdlcdon that, while die Permits [EPs] applications before the Panel of
making of laws is 3 non-Oelegable aetlvlty that Arbitrators [PDA] of the DENR-l\{EB.Redmool.Is
corresponds exclusively to Congress, neirerMeless the primary argument was that petitioners were aU
latter may oons1:ltutlonall3.-' delegate authorltjr m controlled be their common majority stoddtolder,
promulgate rules and regulations to implement a HEMI Resources, loc. [HEMI] - a 1l]l:i% Canadian-
given legislation and effectuate 1L~: policies, for the owned corporation- and, thus, disqualified from
reason that the legislature -often Ends it impracticable being grantees of l4l1P5As and,-"or EPs.
{if not impossible] to antielpate and p1'll:l\-':il:le for the Heaowhile, Redmont separately sought the
multifarious and complex situations that may be met cancellation and,-"or revocation of the executed
in earrgring the law into etfeel; All that is required is FFAA through a Petition filed before the ~Dflice of
T.l'LElt: the President {GP]. Redmont asserted, among
others, that the HM was highly anomalous and
1. The regulatlnn should be germane to the nbier:l3 irregular, considering that pet:il:ioners and their
and purposes of the law; and mother company, HBM1, have a long history of
2. That the negulatlan be nat in cnnlradictlnn with it violating and circumventing the Constitution and
but -nun furms to the standards that Me law other laws, due to tlteir questionable activities in
prescribes. {Fen.pl'e al' the PJ'1€J'lpp[ne5 u. Exc1zmd'-E, the Philippines and abroad. The op finding, inter
ER. HEL L-9820, August 3g. I95?} alia, that petitioners misrepresented Utat tltey
were Filipino corporations qtialilied to engage in
mining activities, cancelled and,-for revoked the
Q: Respondent was an operator of a domestic air
said FIAA., and, in turn, gave due course to
carrier primarily Mat of transporting live fish Redmont's EP application. Dn appeal, the EA
from Pala van to t'lsl:l traders. P-etitioner is the affirmed Ute decision of op. Whether the of
government agenl.'_v responsible for Me
correctly affirmed on appeal tlte GP's cancellation
governance, implementation, and policy direction
and,For revocation oithe FTAA?
of tlle Strategic Environment Plan [SEP] For
Pala van pursuant to which Administrative Drder A; ND. Quasi-Judicial or adminlstt"atl1.fe adil.Ld1catot'.l.-f
Ho. Di]-D5 was issued. Said Drder provided that power is the power of the adrnlnlstrative agency
only accredited domestic air carriers shall he to adjudicate the rights of persons before II. The
allowed to operate as 'common carriers' licensed GIP's cancellation and.IFor revocation of Me FTAA is
under said rule. Respondent assails the validity of an exelrlclse of a contractual right that is purely
A. D. No. [ll]-l15 on the ground that it was issued in
adm1n1strat:11.re in nature , and thus, cannot be
excess of lletitioner's authori ty as an
treated as an adjudication. Being a g-o1.recnment or
administrative agenqr. Was respondent's
puOlic contract, the FTAA is subject to fundamental
contention valid* contract principles, one of which 15 the principle
of mutuality.-' of contracts which would definitely be
A: ND. Pe1:ldl:lner's issuance of the assailed order was
violated lr one were to accept the Wew that the
w e ] within lls sra1J.Llnr;.r aul'.hl::rit1.r. Adnlln lslradve
op, a contracting party, can adiudlcate on the
PDLITICAL LAW
cpntraWs own validlly. Thus, absent the 4:]P's -LT4:l»rpnmLfnn Ur. ERA, ER He. 132593, _tune .8'5.
proper exerdse uf a quasi-iudldal function, the EA /9591
had no appellate Juriadietlpn ever the ease, and its
Deelsinrl is, per-IJrl:e. null and weld. [Harm Nickel HGTE: lr nut ntherwlse required be law, an
Mining Arri Deveiupm-etit Ear,parannn pa Redman: agent,-' sha]L as far as practicable, publish DI'
Fansufldated Minas EarpnrnLfnr1., GR. Nu. 2028.922 elreulate ]1rJ'l:loes of proposed rules and afford
Deramber' 09, 20;f5j Interested parties the uppartunlljr to submll
their views [prior to the adup1:1-nn of any run.
IIS'-8.7 .4d'mi::II5tmtJlue Fade, Admimlsn'anlv-e
Procedure, Sen o f/jj [2l]110I :Una EAR]
1. Supplementary nr detailed legjslatian - E1°:1""TH'inn1 to tllp rp¢1ui1'pmpflt of pub lfratinfl

pertains 'to rules and regulations that Ex details
in the execution of a pniiqr in Lhe law, e t , IRR; of a. Interpretative reg'l.l]atin ns;
the labor Cade. This is aisha called a legislative b. Internal regulations; and
1'1.Lle DT suhnrdlnate legislation : c. Letters of lrls=1:l'uctinns. {Tari'r.l:rda v. Tuvern
ER. Na JL-63915, Der:ember2SI. 1986]
Interpretative legislation - pertains to rules
and regulations eunstrui]tg or interpreting the 5. Necessity." for notice and hearing
prnvisinns of a statute to be enfnreed and they
are binding AD all enneerned until they are GR: An admlnisiralive body need not :amply
changed, e.g. BIR Clreulars, with the requirements of noliee and hearing, in
Lhe perfn rmanee of it executive 'DT legislative
3. Contingent legjslaijoo - made by an
funl:1:i-cms, such as issuing nu]es and regulalinlis.
admin1s1:l'ali'ue authority on the existence of
[Cnranu v. United Harbor pure Assuciurlan of Ute
ce1'T8in face or things upon which the Phi1.fpp!nes, ER. Na. 111963, December 12, 1999]
enforcement of the law depends and are issued
upon the happening of a certain contlngenqr
XPNs: The Iegislallme itself vequives it and
which the administrative body is given the
mandates that d'Le reguladan shall be based on
discretion to dele rmine,
certain facts as determined at an appropriate
lnvestigatlun. (Hon. Executive Secretary nr.
4. Prnl:Edu.raI; .'5'l:1uthwan_4; Heavy Industries, Ina, a s Na
5. Internal; and I 1541 FI, August 22, sans;
E. Penal.
An administrative rule in the nature of
.4dmini§lJ'a1jw.' issuant-ns acmniing to 111-fir subordinate legislation is designed to
l],:ll.'l1I'1' :lm 'iI1h'-=t=ln"r- implemeiil a law pruvidlng 113 details, and
before L: is adapted there must he a hearing
1. Legislative EMu - It is in the matter of under the Admlnlslratlve Cade of 198'?. Those
subordinate legislation, designed to implement a which are merely inte1'pt*etali1.-'e rules need on:
eamplywith the hearing reqLLlreme11T_ [EIR v. CA,
prlmar.5.r Iegislatl-nn by prnvlding the details
ER. Na. II5F6, AugUg[2l§._ 1996;
thereof;and
MdiHnnM 1"rnI1i9ihp< frer Hdminfitralivf 1"nlp'-1 =ln-1
z. Interpretative rule - Prcnrides guidelines to the regulaijnns with renal sanciuns
law which Me administrative agency is in charge
of enfnrcjng. [BPI Le.l:rslln.g' v. 84, ER. Ns. 12.?654. Requisites to be implied wllh:
November I8. Anna]
1. Law must declare the act punishab je;
I 11 | l.1llu:u. I 2. Law mustdellne or He the penalty; and
3. Ru]es must be published in the Dfflclal Gazette or
1. Issued under authority nflaw; in a newspaper of general cirr:LLlatle»:l1. (Han.
Z. Wit;hin the SCD be and purview of the law; Secretuagr Perez v. LFG Rejilfers .4§:uc'f-rzrtion of the
3. It must be reasonable, PtliJ'lppine3, ER. No. 159149, June 26. 20089
4. Publ1ea1:11:lln in the 0le1a1 Gazette 'III:" in a
newspaper of genera] eln:u]al:1-un, as provided in Rf nl l i i i r n In a valid dflfnarmn o f Ilu awi-
Exeeudve Dnder Nu. EDD lr-Ei~1l= live' Ur rlllv-ma Finn Draw-rr
Required as a cnndlllnn prer:r;*d'enr til:i the 1. Enmpfeteness Test - The statute is complete in
el"Tel:It:l1.l'ity it' a law to Inform the public :if the i13e]f, setting El:lr't1'L the l:"Jliq,"' m be executed by
IL1:lnten13 of the ]aw 12l-r rules and negILLlatll:»:l15 the agency, and
before their rl8hls and interest are a Efer.'11ed by
the same. [Philippine Intsmatinnul 7`rr:l'di:1g

2. 5nrj]Ii'r:ient Standard Test - Statute fixes 3 standard, execute nr admlnlsler such statute. They are usually
mapping out H19 bo1.Lnda.1'ies of the agenqfs in the Earn of circulars, direcliuts, npininns, and
authority to which L: must cnnfarm. ruling;
[t la].rs d e m a suftieient standard when lt In the mmounion of a doubtful and ambiguous law,
provides adequate guidelines nr limitations in the law the contemporaneous on-natrLLr:tion of those who are
to map nut the boundaries of the delegate's authdrlqr called upon to all under the law and were appointed
and prevent the delegation from running riot. To be to carry 113 prmrisions into etTei:t [Le., the practice and
suft'lelent. the standard must specify the llmlm of the lnterpredm-'e regulations by officers, administrative
delegate's auto rlty, annuunee the legislative pnliqr agencies, departmental heads, and other officials
and ldentifj,r the mndltinns under which lt is to be charged with the duty of administering and enforcing
implemented. [ABARDIDA Gun: Plrtj." List u. Furisimcr, a statute], is entitled m very' gl'eat respect; [Lim Hua
is. Hg. Il56F'15, August 14-, 2808] 'Eng if. E'entr4:ri Bank of the Philippines, ER Ho. I.-
18666. September 24, 1558]
The al:1m1n1§;ral11Je body may nut make rules and
regu]a1:i1:»ns which are inconsistent wllh the EfIprt Jai »\-:lmilli'ilrali\fp lnIpl:Tlr1'r=\rinn1 to Enllni
pravislnns of the Ca113tltuII:1cln DT a stature, particularly
the nature it is admlnlslerlng DT which created it, DI' The D1]lYI§III'l.lEI1D]1 given to a stamte Ba.' an
which are in dem-gatlan of, DI' defeat, the purpose of a administrathre agenqr charged with the interpretation
statute. l"Dagan u. Philippine Racing Eamml-Elan ER. and application of that statute should be aecurded
Na. I ?5229, Febmaajr 12, 2aa9,r great weight bar the enur13, unless such construction is
elear]y shown to be in sharp mnfllet with the
Filing of cnuics of administrative rules and gnnrernlng statute Ur the E1:llnstltut:lon and ether laws
rcgulatinns before Lhe I.lP1.E [Nestle Tulip-pines Inc v. EA, ER. Nu. 36933, November
13, 1991]
Each agenqr must tile wolf the Dfflce of the Hadnnal
Administrative Register [GHAR] of Use University of Administrati1.-'e tegula1:1-uns enacted Ba' administrative
the Philippines Law Center three certified claries of ageneles to implement and interpret the law have the
every rule adapted by II. Administrative issuances Enree o f l a w and eniny the presumptlnn of
which are not published DT Filed aim the DHAR ace ennstjtutdanalitgr and iegallty until they are set aside
lne,Ij"ech!ve and may nat be enfaced. l"Admlm8.'1'mUue with tlltallty in an apprrnprlate ease by a competent
Cade of 1981 Sec. 3, GM. v. mace, an Na. 14-85179, mutt fmsscnar U. MERALCGL G.R ND. 191 lEIs
February .120091 Gerber 10, 2816]
I-lnwe1.reJ', not all rules and neguladans adopted by _'l".*'l\!|'lI4'|*Ii1lH'iIllI=1i-

every government agency are to be Hled with the UP
Power of admlnlatra1:11.re auf;hr::lrlties to make
Law Center. Clnlir these of genera] or of permanent
character are to be tiled. Alco-eding in the UP Law determinatlcms of facts in the perfnrmanee of their
Eenter's guidelines fer teeehrlng and pLLI:l]leat1nn of 1:l-Eficial duties and to apply the law as they construe it
rules and regulations, "1 nterl:+relatlre regulatl-uns and to the facts so found. II partake; the nature of judicial
these merely internal in nat*1.LDe, that is, regulating power, butexereised Br a Persian other' than a judge.
only Wie personnel of the administrative agenr:y and
not the ]:l1.1b]ie.' need nut be med with the up l.aw The proceedings partake of the character of judicial
Center. [The Hnnrd co' Trustees of the $515 U. I-felusee, prdeeedlngs. Admlnistrati'ue body is normally granted
an Na I?ET463, Februua}f2, 291/1 the autheriqr to prnrnulgate its own rules of
prdeedure, pmvlded Uiejf du not increase, diminish or
Effcctiviljr of adminislJ'aljw.\ rules modify substantive rights, and subject to disapproval
Br Me Supreme EuurL ftlfnehum, Erutifine Reviewer in
GR: Admlnlsllratlve rules take elfecl depending un the PnHtf4:'aI Law, p. 504]
date l:lrcl1.rlded bi' 11;
Unless explesslyr granted, administrative agencies ape
KPN: If the administrative rule is silent un the matter bereft of quasi-juOicial powers. The jurisdiction of
of 113 date of eFfe1:tlvity. it shall take effect after 15 administrative agencies is OepenOent entlreljr upon
days following the r:nmple1:1nn of their p11bl1ca1:lan. the provisions of the statutes reposing power in them;
they cannot confer lt upon themsel'ues. (Tools u.
Authuritv <11 AdmioEuaUve DMLTFS to Interpret Son-tos, ER. Ho. 50336. August 12, 1991]
the Law
W'hlle it is 3 fundamental rule that an adm1n1s1:rati1.Ie
Tasked to implement the law and a1l1:hnr12:ed to agenqr has only such powers that 3.l'*E expressly
interpret lt because they have the expertise to do so. granted to L: Br law, it is ]ike1.-Woe 3 settled rule that an
administrative agency has also such powers as are
Cnntempnra nevus Eunstrucljo l'l. necessarily implied in the exercise of its express
powers. {i.qgun-o' Loire Development Authority v. 04,
The mns1:rII.Lr:till:ln l:lla1:ed upon the statute by an ER. No. I10120, Hurt: 16, 1994]
e:1»:e4:ut:l1.re DT adml nistl'ali'ue officer called upon to
PDLITICAL LAW
l.imilpfl iurilflif'tll-an of mc-'ui-iudicial as%pnri Ip'-2 z. by order DT formal charge lrljtialod by the court
no-tu proprilo [Lund Bank of the Pfulfppines U'.
An adnllnlslrative body could wield only sum pawns Lfsrono, and;
as are sper:lH4:allj.r granted to L: by 1T3 enabfllng stature.
113 i1.Lrlsdlr:till:l11 is lnterp mated strJ'cti8.3irmjuras.
]'II~DTE: In any contested case, the agency shall
l1nnrliI'Fnl11 Far lt'l'l\ F1"{1':\pI E1cpr-::i*=ap al' Dunii- have the power to require the attendance of
luai-i=l Pnwrr witnesses or the production of books, papers,
documents and other perdnenl data, upon request
1. Jurisdiction must he properly acquired by the of any party before DI' during the hearing u]Jm1
ad ministralive body; and showing of general relevance. Unless otherwise
2. Due process must be -IJI:l9er1.-*ed in We conduct of provided by law, the agent; may, in case of
the ptuceedings. disobedience, invoke the ad of the Regional Trial
Court within whose iurlssdlction the contested case
fhlaii-lufliri¢\1 Pnwvr inrllld-H Mr11 [41 luwillEw being heard falls The Court may punish
contumacy or refusal as contempt. {'AdmlnEtl"0'tive
1. Subp-nena p-nwer Code nfl9817. Book VOL ENnpter 3, See 18]
It is a process directed to a person requiring him DT lTla'i1iIi-:atinn'»: of Adiudiratnn' P-aw-rL.».

her to attend and to test:IE],-' at the hearing D1' Wie trier]
of an action. or at any i m.-'estigation conducted by 1. Enabling pew-ers - Permits the doing of an all
competent authority, or for the taking of his which the law undertakes m regulate and which
deposition. It may also require such persoll to bring would be un lawful without gu1.fe1']1n1e]1lal orders.
with him or her any hooks, document, or od'Ler dtlngs It is charaeterlzed he die grant or denial if
under his or ]'Ler control, in which case lt is called a permit or auto-rlzatiun.
subpoena ducts te-l:'r.rm. (Ruff 21, Sec. I, res? Rules of et., Issuance of lleenses to engage in a particular
EM! Proc-edure. of amend'-ed] business.
Adrnlnls1:rative agencies may enforce- subpoenas 2. Directing powers - Orders the doing 'DT
issued in the course of investigations, whether or not performing of particular act to ensure the
adiudicatlon is involved, and whether or not probable compliance with the law and are often exercised
cause is shown and even before Me issuance of a fDT CDI'l'ECli1.l'E' PIITPDSES.
complaint It is not necessary, as in the case of a et., public utllltjr commissions, powers of
warrant, that a specific diarge or complaint of assessment under the revenue laws, reparations
Flo]at:lon of law be pending or that the order be made under public utility laws, and awards under
pursuant to one. It is enough that the investigation he we-rb:nlen's -compensation laws, and powers of
for a lawfully authorized purpose. The purpose of the abstract determination such as defln:ition-
subpoena is to discover evidence, not to prove a valuation, classltlcalion and fact Ending.
pending charge, but upon to make one if the
discovered esddence so justifies. {Evnn.geJist.l:r u. 3. D8'pe::lsin.g powers - Exempt from at relax 3
jnrendci, on No J'..-259174, t1'ouem£ler2?, 1'9?5j general pmhibitlcln, DT authority to re]le1.re from
an atNrmatlve duty.-'.
A subpoena merits the requirements fur enforcement et., authority of ED ring boards m 1.-tary provisions
If: of zoning -ordinances, nr the auNinrity of the
a. The inquiry is within the autharltjr of the Acceptance Beard of the Philippine Army to
a.ge11q,f; relieve certain perse-ns from n1lIita:r3,-' training.
11 The demand is not to indefinite; and
1; The infnrmatlnn is reasonably ve!e1.ran1; 4. Summary powers - Apply numpulsinn DT force
{Fvan.gIefi8.'Ia v. jumndn. ibid] against person DI' property to elTe1:luate a legal
purpose 'uudrhnut a Judicial warrant la au1j:\n:r1me
2. Enntem pt power such 3CliEIIZIL
e_g., Abatement of nuisance, summary reslrajnt,
Quail-iudielal agencies that have the power to Elle 1e1."3" afpmperty of delinquent taxpayers
persons for inOlreet contempt can only do to by
lnllialing them in the proper RTE It is not wilhln lhelr 5. Equitufrle powers - The power to determine the
jur1od11:1:ion and e-ompelence to decide the lndioeet law upon a particular state of la-els that has the
1:onteml:lt cases. These matters are st'jll within the right la, and must, insider and make proper
prouinw of the Regional Trial Eourls. [Lund Hunk of as plieatlon of the rules of eq ultjf.
the Ptu1'fppi::les '|.". Liston., ER. No. 152611, August 5, et., Power to appelnt 3 receiver, power in issue
zoner; iniunetlnrls
Two wave of charp.illE a Dplrinn Wt. inalifwf 6. E»:am{mn.5II in-wars - Thls is also called as
contempt .fnusst.[g.r:rtmjl,' power. Rsqulres l:lrnd1.L-l:tlrJ11 of
b001ms, papers, e1;c.., and the attendance of
1. Through 3 u'erified pe1:itll::ln; wlmesses and €:ml:¢e]]1ng the testi mnnjf.
18?
I |
II -~I :l.. place it' their direct testimony. {LasI.1m4:rsn v. Mayo,
5.8. No. 154243, D8l:'em£l~er 4-, 2l5IE:l'?}
T*l=m1 re of =-n mini1*r=v'i of* f\1"=1-"ppfliru=1
Effcctnf nun-nhscnfanrc Ni nmicc and hearing
It is summary in nature.
As 3 rule, it w'Jll i n v a l i d a t e the admlnistratjve
ln=m1lii"= l'lil1lr'v of trr"l'111if"==l r111p1 :of 11rnnr:*I1rp and pr nceedlngs. A Eallurle in comply wllh the
E-vidcnte in administrative urncnedings re q u i re me n ts may nesull in a failure m acquire
Juris=dilL't:lan.
The ted1nlr:al rules of procedure and of evidence
prevailing in clourE of ]aw and saulNf are not NDTE: Rjghl to nndcle may be waived.
cont'1'ollin.g in administrative proceedings to free
administrative boa.1'ds or agencies from the Necessity' of Notice and Hearing
compulsion of technical rules so that the mere
a d m i s s i o n of matter' which would be deemed A hearing may take place after the deprivation occur;
incompetent in Judicial proceedings would not W h a t the law prnhiblu 15 not the absence it' previous
invalidate an administrative order. nl::l'l'14:e l:l-uttJ:\e absolute absence dierenf and the la-dc of
eppnrtu nits." In be hears.
Cardinal requirement of due pmeess in
administirative proceedings [1994 BAR] NDTE: There has been nn denial of due process if any
irregularity in t h e premature issuance of the assailed
1. Rjght to a hearing which includes the right to deeislun has been r e m e d i e d by an order gi'ulng the
pl'esent one's case and subrnlt e1.rldence in petllinns Me r i g h t to pa.1'tjr:ipate in the hearing of the
§lIPIII'IIl["t thereof; MR. The up-[pnrtl.Lnlt'j." granted by, technically, allowing
2. The tribunal must consider the evidence petltinners to finally be able to File their e-nm:rnent i n
presented : t h e ease, reenlm-'ee Lhe prneledural irregularity
3. The declsdon must be supported by evidence; pre1.rln1.lsI.'l.r intlleted upon petitioner; Wawcnw H.
4. Such evidence must be substantial; £R-L ER.. Hg. I9l5IF"9'_'i,july 6. 2EJ'IIj
5. The decision must be rendered on the evddenoe
presented at the hearing or at least contained in Eiccvnfinni in the' rpqui1"pm1'nI of llf1\icp and
the record, and disclosed to the parties affected, llirélrillll
6. The tribunal or body or any of 113 judges must acl
on 113 own independent clonslderatlon of the law 1. lJrgencg,r of immediate action,
and Eacls of the controversy in arriving at a 2. Tentativeness of administrative action;
dec:l slon; 3. Grant ar revocation of ]censes at permits to
T. The board or body should render decision in such operate certain businesses affecting public order
a man her that parties can know the various DT nlora la:
issues involved and the reasons for the decision 4. Summary abatement of nuisance per se which
rendered {An,gl' Tibay v. {.7R, on No. L-465-96, affect safety of persons DT pro P'Et'ti';
Febmorj"' 2.?, I949] 5. Pre ve n ti ve su sp e n sio n of public of lioer DT
employee facing administrative charges,
non; The essence of due process in admlnistrathre 15. Eancelladon of a passport of a person sought For
proceedings is the opportunity' to explain one's side or criminal prosemdon,
seek a oeoonsideratlon of the action or ruling Summary proclecdings of dlstralnt and ]etrl.r upon
complained of. As long as the parties are given the praperttr of a delinquent ta1»:paj.rer;
opportunity to be heard before Jud.gJ'nent is rendered 8. MpUmment of a temp-orary or acting app-olntee;
the demands of due process ape sufliclently met. What and
is offensive to due process is the denial of the q. Right was previously offered but not claimed.
opportunity to be heard. {F7ores in. Montemoyon ER.
No. I?l5II4l5June 6, sou; lnapplicabilit? it: the rigs to counsel m
==1n1il\i'iI'f'=ll'i1rp il11"i1ir1
Trial-tvuc headognut required
The right to counsel which may not be waived, unless
Due process in an administrative content does not in writing a n d i n the presence of munsel, as
require trial-type proceedings similar to those in reengrlized he the Constitution, is a right of a suspect
courts of justice. Where opp-ortuniq,-' to be heard in a eustndial imfestlgatlnn. It is not an absolute right
either through oral argument or Lhnough pleadings is and may, thus, be invoked m' rejected in crlmjnal
accorded, there is no denial of procedural due praeeedlng and, with more reason, in an
process. The requirements are satisfied where die admlnistradue inquiry. {Lumiqued Iv. Reeves, an Nu.
parties are afforded fair and reasonable opportunity 117565, Nnuemher IB, 1999
to explain their side of the -controversy' at hand It is
riot violative of due process when an adlninistrati1.-'e Quantum ul' proof required in administrative
agency resolves cases based solely on pos11:lon papers, Pl3!1££tI8I1ES
afEldalrils. or documentary evidence submitted by the
parties as aMda1.riW of witnesses which 1na1.r take the
PDLITICAL LAW
Substantial' evidence - that amount of nelet-'ant The doetrlne of resjudicoro applies only to judlcia] or
evidence stat a neasnnable mind might accept as qluosl-iudielal proceedings and not to the exerelse of
adequate to support a e-unelusian. purely adnllnlotradye flmelions. Adminlstratlve
proceedings are n-on-]1l:lglo1.Ls and summary in natule ;
|rI r I hence, :to judfcoto does not apply. {No5lpit Lumber
Company, Inc. U. MLRC, 8.8. No. 54-424, Augusl'3I., I 9 8 9 ]
Arlminietratiw =m""al
In administrative law, a quasi-iudicial proceeding
It includes the review hr a higher agent." -of decisions involves {a] taking and evaluating e1I'1de11ce; [b]
vendezred be an administrative agent.-', cnnlmenced by determining facts based upon the evidence presented,
petition of an inlenested party. and [e] rendering an order or decision supported by
the facts proved. The exercise of quasi-judicial
NDTE: Under the 1981-' Administrative Cade, Functions involves a determination, with respect to
adminlslradve appeals [rum 3 final dee:lsll:m of an the matter in controversy, of what the low is; what: the
agency are taken to the Del:»arlnle11t Head, unless legal r1ghl3 and oO]1g,adons of the contending parties
otherwise provided be law DI' executive under. are; and based thereon and the feels obtaining, the
adiudicatlon of the respective rights and obligations of
Admin istraiivc review the parties. {I.f,g'tos if. People on Ho. 2£Jr0?5I. August
1.7, ZOI5. PER I Looman;
A superior officer or department head, upon his or her
own volition, may review the decision of an Two l*o11-cpp'f'~w{ rp-4 III dIi¢'a*a;
adnllnlslrative agency or that of a sol:-ordjnate's
decision pursuant to the power ofeontrol. 1. Bar by previous judgment
It 13, however, subject to the caveat that a final and There is 'bar 1fw prevuous judgment" when, as
executors decision is not included within the power of between the First ease where the iLLdgn1eJ1l was
control, and hence can ne longer be altered by rendered and the second -case that is sought m be
alclmlnlstra1:1 ve review. barred, d'Lene is idendtgr of l:lart:les, subject matter, and
causes of action. In lhls lniance, the Judgzlnent in the
[1itTtrpllt kind'i nf admini~=n'ativp apl1~r=IT and first case -constitutes an absolute bar to the second
rnaainlaa action. {i.fgtos v. Fcopfe bad'}
1. Inheres in the relation of admtnistradve superior 2 . Inclusiveness ufiudgmenl

to administrative subordinate;
If a particular point DT q1.Lesticln is in issue in the
2. Statutes which provide for determination to be
second action, and the judgment wil] depend on the
made by a particular officer GI' bcudy subject in
determination of that particular paint or question, a
appeaL review DT redetermination be another
former Judgment between the same parties 1.-'dll be
ufiicer ar body in the same agency ar in the same
final and conclusive in Me second if that same point or
ad ministrative system;
question was in issue and adjudicated in the Erst s1.LiL
3. The statute makes DI' attempts to make a court a Identity of cause of action is not required but merlelyr
part of the adnlillistratlve scheme by prlovlding in identity' of issue. ffagtas I-!'. Fcopl'el did.;
terms or eITect that the court an neWew of the
action of an ad ministrative agency; F.lpmp1'\r=a Chi r'p-4 1nrlir'at=l;
4. The statute provides that an order made by a
division of a commission Cr board has the same 1. The judgment sought to bar the new action must
farce and effect as if made by the sn.LI:IJect to a be final;
rehearing by the commlssio n, 2. It must have been rendered by a cluurt having
5. The statute provides for an appeal to an officer jurisdiction :her the subject matter and the
on an appeal to the head of the department or parties;
agency; 2. The dlspusltinn of the ease must he a judgment
un the merits, and
E. Statutes which provide For appeal at the highest
3. There must be 1dent:ltj,r of parties, subject matter,
level rlamely. the president [De Leon,
and causes of action pa.;
AdminiStrative Low: Text and Eos8 resin; page
311]
HDTE: Should identity of par ties, subset matter, and
causes of at'tloJl be shown in the two eases, then rea
E nfnrcemcnt M' Adm inistratiw: Decisions
iudieata in 113 aspect as a "bar by prior judgment'
would apply. If as between the two eases, only identity
1. As provided for by law; at
pf parties can be shown, but not Identical causes of
2. Through the caurfs interwentlnn. action, then res judieata as 'oonelualveneas of
iutlgme:llt" applies. 4"ih.ld.}
E'J£l'l'l'I'Ii-9114: In tllf [Inn--'ml1lirahi!iI1¢' of Fm iwtirntfc

Mn n-awlirahilin' of *hr ilnl"trinr~ of r»p'i £11dFlr»Il'»I in Admit=Hvp Ff'n¢'l°pdit\l!*
189
1. Naturalization proceedings DI' those 1n1.-'olWng ln\fp*=tiEatrrn' pn'etpT
eiti zenship and lmmlgratio n;
2. Labor relations; and Power to inspect, seeune, or roqLLlre the dlselosure of
3. Decisions alTectillg family relations, personal information bj.r means of accounts, records, reports,
status or IL*onll1it:lon. and r:al:+ae1t3.-' of persons. statements and testimony.-' of witnesses. It is llnplzied
and not inherent in adlnlnlstrat:l1.re agencies.
ams; It is well settled that finding oF fart of quasi-
judicial agencies, such as the ERA, ate generally Pnwcr to 135u-1: subpacna nut inherent in
acmrded respect and even finality by This C1;~urt, if administrative bodies
supported by substantial evidence, in rerxignitidn al'
their expertise un the speeilir: matters under their Administrative bodies may summon witnesses and
1urisdilL't:l-un. (Reyna 1.-'_ ERA, so Na I6?2I9. Fr-rbrumj' require the production of evidence only when dLI]j.r
s, 201 /1 a]]o-wed by law, and always only in connection with
the matter they are authorized to investigate.
| i. Fclwvr in rirp a brinn in rnutrmpt not inhprpl'lt in

administrative bodies
Fact-findingp-lxwnr
It miLLst be expressly ennferned upon Lhe Indy, and
1. Power to declare the endstence of fae13 which eau] additlmlalljr, must be used only in connection with in
into eperatian the prewrisluns of a statute; and qruasf-J udicial as distinguished from HE purely
2. Power m aseerlajn and determine appropriate administradhre nr rnutinary funelinns.
facts as a basis for procedure in the enEI:IJ'eement
of particular laws. NDTE: If theme is no express grant, the agenqr must
invoke the ald of the RTE under Rule T1 of the Rules
t4eTE= The mere fact that an efflcer is required by law of EDLITL
te inquire the e:dsteJlce of certain facts and to apply
the law theeete in order to determine what his espEcial Q: May administrative agencies issue walranls of
conduct shall be and the fact that these acts may affect arrest nr ad ministration searches?
private rights de net constitute an exercise of Judicial
powers. [Levine v. Merene, be Na L-117821, Neremeer A; ER: ND. Under the 1981' C1Jn Mtutiun, only a Judge
21, 15ee) may issue warrants.
Exceptions to Me rule mar findings of facts it' KPN: In cases of depnrlatlcm of illegal and desirable
administrative agencies are binding Dll Ule enurls aliens, an arrest ::l1'de1'ed 111.' the Pnesldent DT his duly
authorized mpresentatlves, in order to r:arr.8r nut a
1. Findings are 'ultiated by fraud, lntposl son, DI' Final declsinn of departalzlun, is 1.ralld. Huiuzur u.
collusion; Achncnsa ER Na 8/510, Mnrfh /4, 1590]
z. Procedure which l ed t o factual llndjngs is
irregular; l-i-:'pn'ii[lgpnw-rr
3. Palpable E'["l"*1]["5 are committed ;
II. Factual findings not supported by evidence; The aL't:l0n of an al:imlnistl'al:lve agency in granting DI
5. Grave abuse of discretion, arbitrariness, or denying, or in suspending DI' revoking 3 ]cense,
caprlelousness is manifest; permit, franchise, nr certificate of public cnnuciiience
E. 'When expressly allowed by statute; and and necessltl.r. (Enviado '|.". Cut, an Hn. 1 EJ'833& App: IT.
7. Error in appreciation of t:he pleadings and in due 2-[JEF?]
interpretation of the documentary euddenoe
presented by the parties. License
Fart-fiflflifuiqu-l1~:i~iL1r1i=:irl1 hnrhi Includes the w[l'L11le or any part of any ageney.*s permit,
ee1'tiE1:ate, l:"assl:"4:"rt, clearance, approval, reglstradcin,
A fact-Ending quasi-Judielal body [e,g, Land charter, membership, naluter-y exemption Ur other
Transportation Franchising and Regulatory Board] form of permission, -nr tegula1:1-an of the exercise of a
whose decisions [on questions regarding certificate of right or privilege. [ I 98? Adm1'ni8.'Lr'ative Curie,
public convenience] are influenced not only be the ..4dm{mstri:ltive Procedure, Sec 24"1 by
face as disclosed Br the eyrldenoe in the ease before lt
but also by the report of' is field agenE and Licensing
inspectors that are perlodieally slubmitoed to lt, has
tlle power to take into consideration the result of its It Includes agency process lnualving the girant,
own observation and lnsrestlgjation of the matter renewal, denial, revocation, suspension, annulment,
submitted to it for decision, in connection with other withdrawaL limitation, amendment, modification or
evidence presented at the hearing of the case. conditioning of a license. H98? .4d'minfstr'o1'iue Code,
l'Pantmnco South .El:p.r'ess, Inc IJ' H-oord of' .4d'mimstrotive Procedure, See 2T1 la]
Transportation, is. Ho. L-45664, November 22, 1590]
PDLITICAL LAW
NDTE: Eneept in cases ofwlllful violation of pertinent Flfnl1irpmpnr'4 ffrr Igor* drl¢'rw'ir»l1 of the pow-rr m
laws, rules and regulations DJ' when public 3»eelLLritl,f, =11-"p1"I"=\in f==H"r'-= 14 hp valid
health, or safety nequioes otherwise, no lieenoe may he
withdrawn, suspended, revoked or annulled without The law delegating the power to determine SCI me facts
notice and hearing. [I98? .=1dmIn8'Lrot!l.'e Code, DI' scale of things upon which the law may take effect
.ddministrotiue Piaeedure, Se-l:'. I7{2}} or HE operation suspended must provide the
standard Ex the Limlls within which the discretion
hlnnlrr of an arlfuini'-rtraliwr Hrlpfli"1¢'i art if it in may be exercised, and define the conditions therefor.
empowered he a stature to ml:-vukc a Iicerlse fur Absent Wiese oequl Yemenis, the law and the rules
119 l1-':r»mp1i-'4 no nr' vinln 'inn of agrn'jg 1"{'_»;I1l=l'ir»n'~1 issued the1'e1.Lnder are void, the former being an
undue delegation of legislative power and the Iauter
Where a statute empowers an agency III revoke 3. being the exercise of rule-making without. legal basis.
license for non-compliance with or violation of agenqr {U.5. U. And Tang Hrs. ER. No. L-I?'122. February 27.
negul.:-itlons. the administrative act is of a Judlcia] 1992]
nature, since lr depends upon the ascertai nlnentof the
existence of certain pastor present face upon which a Fimfurlard rp~quir1'd =a11 flp1pr:atfd p-uw-rr to fur ratpl
decision is to be made and rights and liabilities
determined. Hiaiiodo I-l'. CA, snrproj' It is required that the rate be rleasl::nab]e and JusL
{AmerJ'c.l:rn Tobacco Cn. u. Direr:mrnfPut-Enix, ER. Na L-
Et: 268/33. l'}ctnber.I4, 15951
I t means any charge lu the public inc 3 secure open to In any case, the rates must bath he II'llII['l-ECI nNseatery
all and upon the same terms, including lndluldual Ur and must have been establlsbed in the manner
Joint rates, tolls, class Ecatlan or schedules theceef, as prescribed by the Ieglslature. E1.-'en in the absence of
w ell as cnmmunlcalzlan, mileage, kllumelrage and an express requirement as to reason nab]eness_ this
other special rates which shall be imposed Br law Cr standard may be implied. A. rate-Fixing order, though
regulatlcn la be observed and followed Br a person temporary br pmvlsiunal lr may be, is net exempt
,lf15l8'? .»1d'minlstmrllue Code, .4dmimlsn'l:lnlve Fmcedune, from the prneedural requlrelnents of bentlee and
Sec 2l'3JJl hearing when jpneserzlbed Br statute, as well as the
lequlrement of reasonableness {PiuJ'fppine
R310-li'll'i.l].1.'LIDl'l'lll'E'1'l' Enmmuml4:'atIar1s 5ateHI'lle Earparatfan 1.-'_ am; ER Na
e4s1a December 18. 1939;
It is the power Lisually delegated by the legislature to
adnllnlslra1:1ve agencies fur the latter to Fu: the rates Rtfd M'RMM llnwpr to tax raw"-1 in nrnllllhilp~rl
which public utillly lr.*umpan1es may d1a:rge the public.
The power delegated to an administrative agency to
NDTE: The power to He rates is essentially Ieglslatlve fix rates cannot, in the absence of a law auto-rlzing lt,
but may be delegated. [Philippine J'f1-Ben-l'5{a::l.l::' I-l'. CA, be delegated to ansWer. This is expressed in me
an Hn. 180481. Iat7ul:u}f22I. 15|5'?Jt maxim, pntesm: deiagaur Nan deieguri pores;
{KilJ'usan,gI Mayo Linn Labor Center v. Garda,j'r', ER. No.
The ]egislallLre may directly provide far these rates, 115381, Der:em8er23. 19941
wages, 1]l' prices But 1M'Li]e the legislature may deal
direedyr wid'L these subjects, it has been Eound more
advantageous to place the performance of these
h_LnetloJ'1s in some adminlstrat:l1.re agenqr. The need for
dispatch, for t`lelcibllitg.-' and technical know-how is
better met he entrusting the rate-Hxlng to an agency Rules and..\'IJr Rul1rs 7'ma Uu- oh'
other than the Ieglslature itself. ffonel 1563] dawn are meant to apply imposed 3pp11»'
la all enterprises. exclusively m a particular
Rep-Iiviniwrn-:pflurr JaM-'_
Prior 11rJ1:lr:e and hearing Prior notice and hearing
The ad mlnlslratlve ageneles perform this funrijun to the affe4:ted parties is ave essentla] . .:me.
either by issuing rules and regulatl-uns in Me exercise "it a requirement, validity of such rate; But
of their qvuasi-]egis]a1:i1.fe l:le-wer Ur by issuing orders ewrept where the an administrative agency
affectln8 a speellled person in the exercise nf11s quasi- legislature itself requires rqrhu
.. . empuweved b1~'
]udir.'1 al power. it Jllr- *III apprlcwe
pmvlslunally .
NDTE: In Wie Fixing of rates, no rule at Final order demanded urgent
shall be 'ualld unless Me pressed rates shall have
been published in a newspaper of general -l:lrl:ulatlan
public .Iii .. rates . ii
public utilities wllhnut a
at least two weeks l:lefrJJ'e the first hearing there:mL hearing
,lf15l8'? .4d'minfstml'lue Code, .4dmimstmnve' Fmcedune,
Ser; 5l{2_Jj [2l]l]l], 211119 EAR]
_It L11-It-1*.f 1=l°\'Il°l»'l_
191
It involves the re-examination or determination by enn1:rarl'r conclusion, the Court will nut hesitate to
the courts in die exerelse of their j1.Ldl1:ial power in an reverse d1e factual Endings." However, the eaceeptjan
appropriate ease institlLLted by 3 party aggrieved does net app]y in this ease [Dr's v..4.l'rrrlmf:»te an Nu.
tl'Leneb].r as to whether the questioned act, rule, or 181 I95.jun-e IQ 20131.
decision has been validly or inf alldly issued or
wheller 'Lhe same should be nullified, affirmed or Dfw-clTil1-r of Rippnfll Inr Rnfimn` [2001 EARl
modified.
It is similar to that of exhaustion of' administrative
HOTE: The mane Allen-oe of We ]aw dues not remedies except that it applies re the rule-making
Jlcccssar'ljf imply Una! Judicial remrjew is unavailable. power and to adminislratlve aclion whir:h is
embodied neither in rules and regulations nor in
R"'1ui~:irr1 of iflrlfriaf rrwrw of a-'lmini*rtrati\'lp adjudieatl-on or Final order.
action
Purpose of the ]]m:trine nfkipnness afkcvicw
1. Fnn4:'lp{e of Pnnfity UI .r:rdmlnB'Lratlue l:leta-nn -
Admi nistradve aelinn must have been completed; 1. To prevent the eourls, through avoidance of
and premature adjudication, from entangling
2. Principle nfexhnustinn q,l'adm1nlslmLFue remedies thelnselhres in abstract dlsa.gJ'eemenl3 ever
- Administrative remedies must have been administratl1.-'e poll-cies; and
exhausted. 2. To protect the agencies from indicial lnterferenoe
unti] an administrative decision has been
l.in1it=\Hr'+l1*1 nu III dirTaT rpvir*w formalized and us effee13 felt in a concrete way
bl.' the challenging parties. (Abbott Lrzrborotorlu u.
1. Final and executors decisions cannot be made the SuMmer, 38.7 Ll'.5`. I36. 196 ?1
subject of iudiclal review;
2. Administrative acts im1'o]'uing a political question -'\Pl11i-rarinwai Mr' Dnrtrinr- |r1l`Fliprnp'41-af Fltlfiwar
are beyond judicial review, except when there is
an allegation that 'there has been grave abuse of 1. When the interest of the plaintiffs subjected to
d1 scretlon; and or imnllne11tlj.r threatened with substantial injury;
3. Courts are generally bound by the findings of fact z. If the statute is self-executing;
of an ad ministtath-'e agency. 3. When a par1:g,r is immediately confronted with Me
pt.*oh]e:m of complying DI' violating a statute and
r44JTE= Court: will not render a decree in advance of there is a risk of criminal penalties, DT
administradhre act-cm. Such aL'tlml would be rendered 4. When plaintiff is harmed Br the vagueness of the
nugall::r.'l.r. statute.
It is not for the court in stop an admin lstradve ofEr.'er Two tum to determine wllrthlzr Ur mul; a
from performing his statutory duty for fear that ho cunlrinvcrsy is ripe our adiudicaljun
will perform it wrongljr.
1. Fitness of the issue far judicial decision; and
Q: Clrais filed with tile Gfliee of the Clmhudsman a 2. I-Iardship to the parties of withholding court
Complaint for mnupOon and grave roisoonduet consideration. (Abbott Lobomroriu v. Gardner,
against his superior, Dr. Aimiraote, Tor the [hJd'.j
anomalies eommitned using her position as
'.l'eI;erioar].r lluaraoljoe i]I1i-:er-Seap-nrt. The Clfliee Questions reviewable be Lhc- murts
oithe Dmbudsman ruled in favor of hlmirante and
it ordered that the :ask be dismissed for Iadl-L of 1. Questfurls aJr'Jli:rct
substantial basis. The 'EA held that decisions of the
Umbudsman in eases absolving die respondent of ER: Mum wil] nut disturb the findings of
the dh:-irge are deemed Final and uoappealahle, adminisl:rat11.re agencies acting within the
pursuant to the Rules of Pro-ced ure of the Gfliee of parameters of their own competence, special
the Dmbudsman. Is the EA eorreet? knowledge, expertise, and experience. The cdII.Lrl3
cl1'dinarll],r a c c o r respect if not Enaliq," to factual
A.: YE. Where the respondent is aOsolved of the findings of adminlslr'at:l1.fe tcltlunais.
charge, and in case of conviction where the lpenalt§l,r
imposed is public unsure or reprimand. suspension IFN: If Endings are at supl:»4:'rte:1 by sul:lsta]1tlaI
of not more than :me month, ar a fine equivalent to emelda]lce.
one-month salary, the Dmbudsman's decision shall be
final, es:e4:utor],r, and unappealable. However, these 2. Quesdnns a,Fi.aw - Admlnistrathfe dedsians may
decisions of administrative agencies by law are still be appealed to the courts independently of
'subject to Judicial review If they fail the test of legislative pelmisslnn. It maj.r he appealed even
arbltra.1'1ness. or upon proof of grave abuse of against lee.islatlve sindhi bzitldn because the
discretion, fraud or error of law, or when such iudlclarjr' iranndt he deprived al' its inherent
adn\1nlstrat:l1.re or quasi -judicial bodies grossly p-nwer m reuiew all deelsldns un questldns nflaw.
misappreclate evidence of such nature as to compel a
PDLITICAL LAW
3. Mixed How and mgr; - 'When there is a mixed 5. Where Me question involved is purely legal and
question of law and fact and the court cannot will ultimately have to be decided by the court
separate the elements to see clearly what and of iustlee;
witcne the mistake of law is, such question is E. Where Judicial intervention is urgent;
lrcated as question of fact for purposes of re1.rlew T. When ltd application may cause great and
and the courts wil] not ondlnarily review the irreparable damage;
decision of the administrative tribunal. B. Where the controverted acts violate due process;
9. When the issue of non-exhaustion of
administrative remedies has been rendered
moot;
ID. When there is no other plain, speedy and
Ilnrrrinr of primary luri'irli~f'*inu nr l1n=:l'"i1'1p of
Prior Resort
adequate remedy,
11. When strong puhlle interest is involved; and
Under the principle of primary lurlsdi-ction. -courts 12. In quo warranto proceedings. (The Province of
cannot DI' will not determine a oonl:roversl.r involving Aidan u. :Mr King Eonstrvetion and Development
question within the jur15»dilL't:lon of an administrative Corp-_ on Nos. I9'?.55l? e 2025sz3, November
body prior' to the decision of that question by the 2120ra;
adntinlstratlve tribunal w]'Le1'e the:
Raising tll-L' issue ufprimaql' iurisdictinn
1. Question demands administrative determination
requiring special knowledge, experience and The court may morn p-ropn'o f also Me issue of ln'imary
services of the administrative tribunal; iuriodjclion and lls invocation cannot be walked by
2. Question requires determination of technical and the failure of the par ties to argue it, as the doctrine
intricate issues of a fact; emf for Me proper dlslrlbulion of power between
3. l.ln1Eormit5.r of ruling is essential to comply with iudiclal and administrative bodies and not for the
purposes of the regulatory statute administered. convenience ofTJ:\e parties. In such case Wie court ma.',r:
NDTE: In such instances, relief must first be obtained 1. Suspend the Judicial prdwss pending Deferral of
in adml n1s1:rati1.-'e proceeding before a remedy will be such issues to the admlnls1:rati1.re body for its
supplied Br the oour13 even though the matter is revievie DI'
within the proper Jurisdiction of a court. The Judlcial 2. If the parties w1:lu]d not be unfairly
process is accordingly suspended pending referral of disadvantaged, dismiss the ease without
the -claim to the administrative agency for ins view. prejudlee. [Euro-Med I.aII»aramnles Phil. in.
P'r4:\uince as' Eumngws, ER No. 148106. JW' 182
Ealinnalk; 2aes}
1. To take full advantage of administrative AUlCl1ilr."ahilil'\" of Lhc- Dm:t|'inc of Primal

expertness, and
2. To attain unlfarmlty of application of veg1:ll.atl:llr],r
laws which can be seeurled only ir determillatldn In recent years, it has been the lurlsprudentlal trend
of the issue is leftt-D the administrative body. la applier this doctrine to cases in1.roIving matte is tl'Lat
demand the special competence of administrative
ln1rarlr'p'w'hp1"p Igor* dncrrint E 11-'li on appliralinn agencies even lr the question involved is also judicial
in character. It applies where a claim is oclginallyr
1. Es the l:ourt's determination, the Ieglslature Old cognizable in the courts, and comes into play
not intend that the issues be left solely to the whene1.rer enforcement of the claim requires the
initial deteJ'mi]1a1:ion ofUle administrative body; resolution of issues whLch. under a negulatocy scheme,
2. The issues involve purely questions of law; and have been placed wllhln the special competence of an
3. Courts and administrative Oodies have adndnlslrative l:lodj.I'; in such case, the iudiclal process
eoneurrentjurisdietjon. is suspended pending referral of such issues to the
adniinlslrative body for 113 view. f i-4H0'r'T-or v. Court co'
Excepticms to the Doctrine ufPrirl:lar'1l.f lurisdicliun .4.ppecr& ER. No. 9894, l!§l'cl'oher9, 1999;
1. Where there is estoppel in the part of the parq,r Q: A civil case for the collection of sum of money
was filed by I Eonipany against the province of
lm-'nldng the dnetrl ne;
Eatangas before the RTC. After the petitioner's
2| Where the challenged adminislrstiue a-et is
presentation ofevidenee, the province of Eatangas
pateJ1113r illegal, 3mDlI Mi fig to lack nfjurlsdlclinn ;
moved for the dismissal of Me case on the ground
3. Where Lheve is ulmeasnnable de]ajl.r or nffielal that it is the Enmlnissinn on Audit which has
inaction that will Irretrievably preJudlr:e the
priniarjf jurisdiction ever the matter Inr in
mmplaimnl;
involves transactions with the province which was
4. Where the amu u11t imralved is relal1\rel],r small sn governed hr the Local Government Code
as to- make the 1'1.Lle lmpraetlcal and oppressive; provisions and EDA rules and regulations DII
sunny and properth management in local
1 93
gnvcrnmcnlf.. [5 Ulf EI}l'l'l:EI'l'ljl]:l'l of the province of issue wrils of execution DT garnishment against the
Batangas correct? Government or any of HE subd:i1.rlsions, agencies and
instrumental flies to enforce money iudgmenls It is
A: YES. It is the EDA and not d'le RTC which has settled Jurisprudence that upon determination of
primary Jurisdiction to pass upon petitioner's money Etate liability, the proser:1.Ltlon, enforcement or
claim against respondent local government unlL Such satisfaction thereof must st'iLl be pursued in
jurisdiction may not be waived by the parties' failure accordance with the rules and procedures laid down
to argue the issue nor act:lve participation in the in PIL No. 1445, otherwise known as the Go1.rernnlent
proceedings. The doctrine of primal'y jurisdiction Auditing Code of dte Philippines which pertains to
holds that if a case is such Mat its determination EEIA's primary jurisdiction to examine, audit and
requires the expertise, specialized training and settle all claims of an].r sort due from die Government
knowledge of an administrative body, relief must first or any of lLs subdivisions, agencies and
be obtained in an administrative proceeding before Instrumental ties. Rejection of the claim wil] authorize
resort to the courts is had even if the matter may well tl'Le claimant to e]e1.-'ate the matter to the Supreme
be within their proper iurlsdlction. It applies where a Court on certiorari and in effect sue the State therehj.r.
claim is originally cogrlizable in the courts and comes [Linh-'erslt.}f of the Phflipplnu or. Dixon, an No. 1?II82.
into play whenever enforcement of the claim requires Augiut 2.12812]
the resolution of issues which, under a regulatory
scheme, have been placed within the special | | II
I I
I
I
competence of an administrative agency. In such a 41 II I l I
case, the court in which the claim is sought to be
enforced may su.spend the judicial process pending It calls for resorting first to the apl:l1'apriate
referJ'al of such issues to the administrative body for admlnlstrat:l1.re authorities in the readILLtlrJ]1 of a
its ylew or, lr the part:les would not be unfairly edn1:rll:l1.fers3.-' falling under their jurisdietldn. Such
disadvantaged, dismiss the case without prejudice. administrative deelsinn must First be appealed to the
l'Er.rro-H-sd' Laboratories Plain. Inc. u. Province of administratjhre superlara up to the highest level before
Botongas, G.R No. Hsrnijufy 1 F, ZM6I the same may be elevated to the courts of iustlce Ear
review.
Q: Petitioner university contracted the services of
Stem Builders Corporation for the construction Premature invocation of court lnteruenrlj-nn is fatal to
and renovation of its buildings in UP Les Banos. In one's cause of action. Exhausliun of admlnistrat:l1.fe
an action filed by Stern Builder against petitioner, remedies is a preneq uislte Eur iudic'la] review; it is a
Me RTE rendered a favorable judgment and condition precedent which must be cnmplled wllh.
granted the motion Ior execution filed t11-crewil:b
be Stern Builders. Conseq uentljf, the sheriiiserved
notices of garnishment on die petitioner's
depository banks. Petitioner Iiled an urgent 1. To enable the administrative superiors tb correct
motion to quash Ute notices of garnislunent; and a the errors committed by their subordinates;
motion to quash the writ of cicecution on the 2. Courts should retrain from disturbing Me
ground tliat govern rent funds and properties llndings of administrative bodies in deference to
could not be seized hr virtue of writs of execution the doctrine bfseparation of powers;
or garnisbment except in pursuance o f a n 3. Eourla should not be saddled w'ltb the nevlew of
appropriation law or other specific statutory administrat11.-'e cases,
authority. However, RTE, through resp-ondent 4. ludieial review of admlni§;ratlve eases is usually
judge, audi-orised Ute release of the garnished effected dirough special Cl'.f1I actions which are
Funds of petitioner. CA upheld arcs iudginent and avaliable only If there is no other plain, speedy,
the issuance of the unit of garnishment of and adequate remedy, and,
petitioner's funds. Was the appellate court correct 5. To a1.rall of adnlinistrati1.re remedy entails lesser
in sustaining RTE's jurisdiction to issue the init of expenses and pJ'n'uides for a speedier disposition
garnishment against petitioner? of eontroyersies.
A: HG. The CA erred in ruling that petitlpner's funds Exceptions re the applicaiiun at The Mrwinn
could be Me proper subject of a writ of exealtiun GI' [1991, 2000, EDIH- BAR]
garnishment. The settlement of the tnunetarjr claim
was still subject to the prlmaryr jurlsdlctidn bf the -EDA
1. 'Uinlatlnn of due process;
despite the fine] decislbn dt' the RTE ha'ving already
2. When there is estoppel on Me part of the
validated the c]aim.The funds of petltidner are
adminis'tratl1.-'e agenqr l:l::11l:erned;
government funds that are public in character,
3. When the issue ln1.raI1.-'ed is a purely legal
including any interest accruing from the depbslt of
qLlE'§tlDT1;
such funds in any banking institution, which
4. When Mere is irreparable injury;
mnstitute a 'special trust fund, the disbursement bf
which should alwajrs be subject to audi1:ing Br the 5. When the adminisl:ral11.-'e action is patently illegal
END untlng In lack or excess of iurlsdictlnn;
EDA. As such, the private claimants had nb alternative
except to first seek the approval bf the cut. bf their
mnnetarv claim. Trial judges shpuld net immediately
PDLITICAL LAW
6. When the respondent is a Department Eeeretary dues not preclude in all cases a party from seeking
whose 3:13 as an alter ego of the President bears iudiclal relief, eases where 1T3 observance 'has been
the implied and assumed approval of the latter; disregarded require a strung showing of the
T. When the subset matter is a private land ease irladequacyr of the prescribed procedure and of
proceedings; impending harm. (Merida l'I-'acer District v. 8acar1"£.,
a. 'When it would be un reasonable; ER. Na 165991 _'i'cp1'emher3Q, 2008]
g.. When no adnllnlstrat:lve review is prlovlded by
law, Q: Deputy Dmbudsman Katerina Sanchez was
10. When the rule does not provide a plain, speedy, dismissed be the Deice of die President {DPll an
and adequate remedy; the g;mund of betrayal of public l:ru;st and a
11. When the issue of non-exhaustion of disciplinary proceeding against Special
admlnls1:rative remedies has been rendered Prosecutor Miranda Ramos is pending before die
moot, DP. Fur this reason, Sanchez and Eames
12. When there are eiroun1.'~':tanees indicating the challenged the constitutionality of Section 812'.l of
urgen-|:.'=r of iudielal lnter1.rentio n; ERA. 6778 or The Gmbudsman Act of 1989
13. When it would amount to a null tleatjon of a regarding tlle Presidents disciplinary jurisdiction
elalm, and e v e r a deputy ombudsman and a special
14. Where the rule on quallEed polltleal agency prosecutor. The Supreme Eourt rleodered ins
applies. [Laguna of# Network II Moraan, ER decision upholding the constitutionality of the
No. 139492, November Is, 2002; said law and ordered the reinstatement of
Sanchez. As regards Ramos, the Court mled that
EITPH of uffn-p1rT'lau'i1'ir»n of admiM'irr'a11v»= die disciplinary proceeding against her should he
remains continued because Section B[2] of R.A. lilo. 6-TTD is
not unconstitutional. Dnly the or, through the DSE
Failure to observe the doctrine of exhaustion of* moved for the reconsideration of the Eourfs
adminlstratlll'e remedies does not affect the ruling. what then is die eflieet of the absence of
Jurisdiction of the Eourt. The only effect of non- motion for reconsideration on Me part ofSancllez
compliance with this rule is that it will deprhre the and Ramos?
complainant of a cause of action, which is a ground for
a motion to dismiss. IE not invoked at the proper lime, A: none. The omission of the filing of a motion for
this ground is deemed waived and the court can take reconsideration poses no obstacle for the Eourrs
cognlzanee of the case and Do IT. [Republic U'. curlew of 113 ruling on the whole case since a serious
SondigonOo_1.-ion, GR Nos I'J'2§'880SI. March 29, 1§!516} conmltudonal question has been raised and is one of
the underlyiitg bases fm' the 1.l'aliditir or invalidity of
Q: Alicia Water District [nLwno], a GDCC that the presldendal action. IE the President does not have
operates water utility services conducted a public anj,f constitutional authority to discipline a [leput'jlr
hearing for the purpose of increasing the water Drnbudsman and,r'or a Special Prosecutor in the first
rate. Subsequendyr, they received a letter from the place, then any ruling -in the legal correctness of the
Local Water Utilities Administration {LWLTA] DP's dedslon on the rnerlls will be an entptg." one. In
conErnling the proposed water rates. ALWAD other words, since the validity' of die {]P's decision on
issued a resolution implementing a water rate the n1er113 of the disntlssal is Inextricabler anchored on
increase of F90 fer Me first ten cubic meters of the llnal and correct ruling on the constitutional Issue.
water consumption. Because of this, consumers the whole case - including d'Le constitutional issue -
filed a Petition for Injunction against Me remains alive for tlhe Ecl-urt's consideration on motion
petitioner before Ute RTC alleging that ntwno for reconsideration. [Emilio A. Eonzoles :of in. Clfjicc of
violated Lol TDI] bi' implementing a rate increase the .P?esid'en t,r'i-'I-.r.endell §o'rerns-.'5'ullt if. Atty. Poqrtrito H.
greater than 88% of current rate and failing to lJ'choa,,Fr._ ER No. 195233119 No. 196232. januoagf 28.
conduct public hearing for the imposed rate of 2014)
ran. ALWAD tiled a Motion to Dismiss on the
ground of failure to exhaust adrninistral:i\re Dnrrrinr nt Fri raw luriidiniml vi. Dnr'Irinp of
remedies under PD 198 as amended.. Dne of the F4241 vrlinn ii an m+n+1fra1'ilrp Fp1'nf:1ip1
respo-ndeols tlteo questioned the legality of the
water rate increase before the National Water
Resources Board ullwnoi. RTC denied A.LWAD's
E4-'lotion to Dismiss. Dn appeal, EA al'Ernled tile
RTE. Does RTE base jurisdiction over the matter?
l31L.Ith dual 4-with the prnpei relationships h-et1.»-.'eelJ the
A: YES. The failure to exhaust administrat:l1.re remedy GDUF13 and administrative agencies
does not affect RTE's jurisdiction. Non-exhaustion of -Ease is within the Claim is engnizable in d'Le
alt1n1inlstra1:1tre remedies only renders the action incurrent iur1MiMan first instance by an
p1'emat1.Lre., that the cause of action is not ripe Em' of the court and an administraljve aden-cy
judicial determination. It is incumbent upon the party admin istratlve agency alone.
who has an administrative remedy to pursue the same but the determlnat:l0n
to lLs appropriate -oonduslon before seeidng Judicla] of the ease requires the
intervention. Although the doctrine of exhaustion teclmilzal expertise of

xn. ELECZTICJH LAW
the administrative has determined same question. [Danila A. Lihayrfhuy

agfnqf. vs. Treasurer no' the Pilirippinex, et as., GJL Nu.
192223, [My 23, 291 EI, is penned by .L LEDNENI
A]1jrlnII.LI3h the matter is Judicial interference is
within the jurlsdictinn withheld until the
of the court, L: must admi nisualive. process
yield to the jurlsdictiun has been completed.
i t ' the admin1§;ralhre It pmvldes that run resort in guru will be allowed
ageJlc§.r. unless administrati1.-'e aetlcm has been completed and
theme is nelLl'Li11g left to be dune in the admlnistratzhre
]'!H}TE: The genera] rule is that before a party may §:rLu:lure.
seek the interuentioil of the court, he should first avail
of all the means afforded him hj.r admlnistradve ln'i*al1-"p'i whirr mf- ='lf1-"trifw fmna in aprtli in li='m
processes. The issues which admlnlstr'ati1.fe agencies
are authorized to decide should not he summarily 1. Grant of relief m preserve the status qua pending
taken from them and submitted to a court without further action bl.' the administrative agency;
first s11'i11.s such administrative agency' the 2. Essential to the protection of the rlgzhls asserted
opportunity' to dispose of the same after due from the injuries threatened,
deliberation. 3. 8dmlnlstrat:lve ollioer assumes to act in violation
of the Constitution and other laws,
Q: Danil.o A.. Lihajrlihajr identified himself as an 4. Dnder is nat resewable in any other way and the
informant under R.A. Ha. 2338. He sent two 121]' complainant will suffer great and obvious
letters to the former head of the BIR-PEGG Task damage if the order is carried out;
Force eon-eerning information DD Iornier 5. Interlocutory order affects the merits of a
President Harms' ill-gotten wealth. Further, controversy;
Lihaylihay wrote to then Deliartlneot of Finance B. Dnder made in excess of power, contrary to
Secretary Margarito B. Teves and Treasurer of Me speelflc pro hiOitjon in the stamte governing the
Philippines Roberto E. Tan demanding his agency and thus operating as a deprivation of a
entitlement to 25% informer's reward Without right assured by the statute; and
waiting for Secretary Teves' and Treasurer Tan's 7. When review is allowed be statutorvprovislons
ottieial a-etioos oo his letters, Lihaylihay tiled a
Petition ter Mandamus and Damages, in which he
insisted on his entitlement to informer's rewards. J{ll.ELECTIDH1.A'W
is the ming of the petition proper?
A: HG. The asrallabi lltjr of a more ball: recourse ahead

of a Fetltiori for Mandamus before this Eourt similarly Suffrage is Me right and 0l:lllga1j::ln of qualified
demonstrates that pet:ltloner failed to exhaust ellizens to vote in the election of certain 11c31 and
adn11n1stral:11.re remedies. Under Me doctrine of national [I Eficers and in the dete1'1nina1:ie-n nfqueslinns
exhaustion of administrative remedies, recourse siubmitned to the people. It includes within HE scope
Lltrough court action cannot prosper und] alnter all e]er:t:len, plebiscite, initiative. and referendum.
such adnlinlstratl1.re remedies have llrst been Hiachum, 2814]
exhausted. Non-observance of' the doctrine of
e1:haus*tio:l1 of administrative remedies results in lack Right rrfiuffragv not Hhinlutr
of cause of aclioll. l"Lf.FI4:l}'l'Htelj»' v. Ton, ER. Ho,
1 s2z2s, I v ' 23, sore, os Pei:-ned by I. I.E£JWEH} The exercise of the right of suffrage is subject to
existing substantive and procedural nequivemenls
In cases involving specialized disputes, the practice embodied in Eur C::ln5tllut:1an. statute banks, and
has been m refer tile same to an administrative ether repnsllnries of law. Mkbayan-Youth v i
agency of special 'DCllTI.[IIElfE'lZlll.'E in lIlbSEl:"1ll8:l"l.CE of the
CCIMELEL15.5- Na. 147066, March 26. 2801]
doctl'lne of primary iurlsdlctlon The Court has
ratiocinated that in cannot or will not determine a Scape nf511l'frage
controversy involWng a question which is within the
jurisdiction of the administrative tribunal prim' to the 1. Ffebfscjte - The electoral process by w]'dl:h an
resolution of Mat question be the administrative init:lat:l1.-'E an the Eunsti1:l.Ltinn is approved DT
tribunal, where the question demands the exercise of rejected by We people.
sound administrative discretion requiring the special
knowledge, experience and senrlces of the 2. l'nitaative - The l:lcl-wer of Me people to pmpuse
administrative tribunal to determine technical and amendments to the Constitution or to pmpc'se
1nt:l'1cate matters of fact, and a unlforlnlty of ruling is and enact legislations through election called Eur
essential to comply with the premises of the the purpose. ,l'RA l5?3'.5, The fnftieti"e and
regulatory stallLte administered. The objective of the Referendum Act; Sec 3503!
doctrine of primar'.r iur1s)dict:lon is to guide a court in
determining whether lt she old refrain from exercising g_ lni'llat:lve on the E1:lns'l:ltuljnn,
iTs iurisdictlon unt:ll after an administrative agency b. IJ1it'ja1:i1.fe on statutes; ar
PDLITICAL LAW
C. InitIatIve on local 1e9sMOnn. Election is the means by w h l e h p e o p l e ehnnse their

oflielals for
a deflnlle a n d fixed p e r l a d and t o wham
3. Ref erendum - T h e p o we r of the e]e4:'tet'ate to they elltt'ust Eur the time being the exenzlse of me
approve or reieel a piece of legilslatlml through an p4:lwers nfgnvernment fthzlchum, 3816]
election c a l l e d fer the purpose.
l"»umpnllfnr'4 of an plpfri in
a Referendum in statutes; Ur
b. Referendum on ]n- c al l aw s . 1. Choosing or selecting candidates to pubis office
be popular rate ;
4. Retail - The made 1:1E remora] up an elective 2. Ho lding of electoral campaign;
public officer by the people after 1 year of 3. Conducting o f t h e p o lls;
assuming the office and not later than 1 year 4. L ls lin g o f ' votes;
beEnr.- Wie end afhis term of l::fHee. 5. Casting and receiidng the ballots from the voters;
El. Eaunti fig the ballots;
5. PJ'2hlsc[[e - The electoral Pru-ness 111.' w h i c h a n T. Making the electro ii re tu rn s; a n o
1ni1:iatlye cm the Ennstituljan is approved Ur 8_ Proclaiming the winning candidates
reiecled by the people.
Hill-zlwfvlrrlinu'-E
IS. Inatlorive - The power of the people to propose
amendments to the Constltutlon or to propose 1. Regular election - It is an election participated in
and enact legislations through election called for b i ' t h o s e who possess Urie right of sl.Lfh'age, not
the purpose. ,lf8..=1. 6935, The lninilrfue and otherwise dlsquallEed by law, and is registered
Referendum .4.el; Sec. 3{r1}j voters.
3. InitIatIve in the Eonstltudan : 2. Speedo! election -It is held when there is failure of
b. Initiative in statutes, nr election DTI. Me scheduled date of regular election
C. Initlatlnre D11 local 1e9sMOnn. in a particular l:l]aee or to ml a vacancy in o f f i c e
before the expiration of the term for w h i c h t h e
Ref erendum - The power of the eleeterate to incumbent was elected.
approve or reieel a p i e c e of legilslatlpn through an
election called fer the purpose. Flulp'i =1l1 Hwvm Flinn nfflf-|"l'i in 1=1w'i
3, Referendum in statutes; -nr -lhlJL-MJ:MIHJlIlJI¢lil:ll=llHhH-llll.1_

b. Referendum on ]n- c al l aw s . Laws fur conduct it Ea',l"ure the ekfcfrnn:
eJel.'l:ians Mandatory
H. Retail - The made 1:1E remora] of an elective .inter the ef+:'c't1l::u:l:
public officer by the people after 1 year of [:Ilrectar'g,r
assuming the -IJl'Iiee and not !aler than 1-year
befnzre the end of his term of free. Laws fm I4-Iandalnrjf and s t 1iet l] , f
Candidates construed
Ejrrlislll Procedural nu]es Libera]]}ir ennstrued in

Eavni' of ascertairllng the
Election is d'Le means by which people choose their will of the electorate
officials for a definite and feed period and to whom
they entrust for the time being Me erzerwdse of the Election up-rin-d
powers ofgovernmenl; {t1'ar:tlura, 2016]
ER: The period -ofeler:llon starts at EIU days b e f o r e a n d
5ILLlTrage is the right and obligation of qualified ends 3D days after the election dale pursuant to Sec. 9,
citizens to rate in the elects-on of certain Inca] and Art. IK-C of the Constitution and Sec. 3 of B.P. 8E1,
national oftloers and in the dele rminalion of questlons otherudse known as the Elmnlbus Election Gode
submitted to the people. It Includes wid'Lin ill scope [DEE].
elect ion, pleblocite. lnlliotive and referendum
fWochura, 20/4.l XPH: U n d e r these same prtrwrlslnns, the CDMELEC is
nat precluded from setting 3 period d j f f e b e n t frncm
Right nf"-l"fr=1;8p mt a hlnlutp that provided thereunder. (Aquino us consist ER
N41 21 I ?85-911 March 112'llTI5,T
The exevclse of the right of suffrage 15 subject t o
existing substantive and procedural reql.dnemem3
embthdied in our Et:lnstltu1:1nn. statute banks, and
other repasituries of l a w . {ARbu..4rnn-Youth vs
CQMELEC EIR..|I|||',|j. 143166. j¢ll]n 28, 3801] llualihcatin ns fur' the exercise of 5uEragc
Elrlllislll 1. Filipino citise fish lp;

z. At ]east 1E ye a rs o f a g e ;
3. Resident o f t h e Phllippines Eur at least one year;
19?
xn. ELECZTICJH LAW
4. Resident of the place whom he proposes to vote
for at least six months imlnediately preceding the
electlon;a11d Registration is the art of aeeompllshing and filing 3
5. Hot otherwjs»e disqualllied by law. [Art ii rss? sworn appli cation for vegisltration by a qualified 1.ro-ter
Eonsritu son, Sec. 1] before the election ofEoe:r of Me eltjl.r ar municipality
wherein he resides and deluding the same in the
roTE= These qualjEea1:1ons are oort n u l l book of registered voters upon approval by the
requirements. Congress may not add qualifications Eleetl-on Registration Board. [EA 8189, I.-'oter's
but can provide far procedural oequioemenls and RegiStration .4.:t of 195l-li Sec. 3fojj It does not confer
clisquallEr.'at:lons However, the dlsqualifiealions must the right to vote; II is but a eondjlion precedent to the
not amount m qualifications. exercise of the right Registration is a regulation, not a
quali lieatlon. {1"rr:r we Abono, G.R. No. 30188 November
Fr~4i='lfru"- a|1='l flnllliI'ilf' 15, 1928;
111 electlnn cases, the Enurl lrealx domicile and Dnultlf-rpHi1lTanr

residence as srynunymaus terms. B081 lnlptlrt not only
an lntentzlan to neslde in a Fixed place but also It pertains to any person who, being a registered
pecsuna] presence in that place, coupled with conduct Vu-ter, registers anew Without tiling an applieatiun for
1m1ic3ti1.r'e of such lntentinn {Pundl:mda_1.»a 1.4 cancellation of his preiri-nus registration. MEN; an;
COMELEC, ER. No. I ?§313, September I ? 2l5IEJ'Hj'. H I S See 26I8'}{5}}'
Effnrr of n'anltpr ni rp'4irlpn-:p Double 1'egistl'ams are still qualilled to 'ante provided
Lit-at 4:'r:u»fE.L-'-:c has to make E dererminutihn an whist
Any person, who transfers resldenee solely by FEHSD n rqgilrtratlun is valid, and which is did. EDI-'IELEE laid
of his ocoupatjon, profession or employment in dum the rule in Minute Resnlutlnn Na. 0D-1513 that
private or public serulce, educatlorL work in nlllitarl.r while the first registration of any 'mute]' subsists, any
or naval reservations, etc., shall not be deemed to subsequent regislratimi thereto is void uh Initio
have lost his original residence. ,lfOEIC. Art Xfl, Sec. [it-faruhlsm vs. CGHELFE, ER. Na I?5l43rJ, }r.r{l,f 2?,
II?'l'i'_], Aslstio us. Aguirre is. Ho. 191/24, Aprn 2 1 2889]
2014:
Q: Shanti fled a petition for the cancellation of Me
E*vt=1h1 Fahiiuaa new denni-:ilp EMC ot'J(ander far 1l-'1ajror ofSou1;h lippi alleging that
Jiaoder was n o t a registered voter i n t h e
To establish a new dumiL'1]e of 1:h1:ll1:e. personal Municipality -of South lippi since Allen failed to sign
presence in the place must be coupled wid'L conduct his application for registration, thus, Me unsigned
indicative of this intention. Uafnuer wt Dsmeiia, GR. application far registration has no legal efleet. [n
Ne. 209286. September23. emf] retutati-on, Xander asseverated that his failure to
sign his application for registration did not affect
Disqualificatinlls for the Exercise of suffrage the validity of his registration since he possesses
the qualifications of' a voter set [orly in the
1. Sentenced by final judgment to suffer Dmoihus Election Code as amended be See. *J of
imprisonment Eur nut less Man one year, unless R.A. at BS. Should Allen be disqualified?
granted a plenary panda ar granted amnesty;
A; YES. RA. 8139 [The 1l.Foter's Registration Act of
2. Eumriclinll by Final iudgmenl of any of the 1996] specilicallyr provides that an application for
fallowing: registration shall contain specimen signatures of the
applicant as well as his or her thumhprinls. among
3. Crime Imrl:l'u'ing dlslnyalty 111 the others. The evidence shows that Allen failed to sign
guverllment, very important parts of the application, which refer to
h. 'kflnlalinn against national securlqr, or the oath which lliander should have taken to validate
Flrea runs laws and swear to the veracity of the oontenrs appearing in
the application for registration. Plainl§.I'. from the
NDTE: The right to vale is reacquired upon foregoing, the ir1'eg'u]arlties surmundlng :l{ander's
exp-i1'alil:m of Eve years after serurlce of sentence application for registration eloquendy proclaims that
reFerred to in the two preceding items. he did not comply with the minimum reqtdnemenis of
R.A. 8189. This leads to only one conclusion: Xander,
3. InsanIty or inrmmpetenee as declared by not having demonstrated that he duly accomplished
competent aulLhr:lrit§,r. IEEE; Art IH, See me pdf an application for registration, is not a registered
voter. Hence, he must be disqualified to run for Mayor.
HUTE: These are the same grounds for l"Gr.rnsi Er. vs. consist or. No. 165992, February 23,
disqual1Eeat:l0n to reglsler as a voter under See. 11 of 28EF9_l
RA. 8189, I-"ater': Reg8'tmtfnn Act nfl996.
lllitrratv =mrl di'=a=1h1 prl vntpr'=a
P.=l'I*\*-11=4W"I5E'i'l'I'I=&l"llL'81I'l5'l"Tii*Il*=*1
PDLITICAL LAW
Any illiterate person may register with the asslstanee prnvldes a pnsitlve 1den1:iEicat:lan of an lndMdual such
of the E]ect:lon Dliieer or any member of an accredited as vail, photograph, fLngerl:'r1nL slgnalune, iris,
cit:laen'a 3I'1T15. The application far registration of a andfnr such other ideniitiable real:Lmes." fffubnraun
physically d aan rea p en n may be prepared Br.' any Part_l."'ist vi EEIMFLFE, ER. Nu. 189868. December In,
Ne]at:lye within the fourth ci1.-'il degree of 2009]
consanguinity or aElllnjty or by the Election Glfflcer or
any member of an accredited citlz.en's arm using the Rrmk -:If vntvw
data supplied by the applicant. The fact of illiteracy or
disability shall be so indicated in Ute application {iFL*l.. Elasslfied as permanent whereby each precinct shall
3139, Sec. 14,1 have a permanent list of all registered 'utters residing
'u.ritlliJ1 the lerrl larlal Jurisdiction of the pnednei;
NBTE: R.A. 9369 [The Pall Automation Law] [IEW
defines a disabled under 33 'a person with impaired l'i1"f»un=11 Fw alrfnlinn
capacity in use the Automated E]eL'tlnn System"
fSE£2{1}j. 1. Deaclivatiu nfveacdvalin n,
z. Exl:1l.ls1l:m..F inelusiu n
Kinds of rEgistra1:iun system 3. Cancellation ofregistralinn in r:asae nfdeaTJ:\,
4. Annulment of bunk nfvuters;
1. MnOnuing; and 5. New voters; and
z. Gnmputerized. 6. Transfer of residence.
[:lE*a-l:tiva1iun
'Wirer of mnlinuilu' l'p1=i'-rtrati-111
ER: It is a system where Me application of It is the removal from d'Le reglstratlnn records from
registration of 'enters shal] be conducted dai]y in the Me pnednft hunks of voters and places the same,
properly marked and dated in indelible ink, in the
aft-f:-e hours of We e]ec1:il:ln ufflcer during regulai'
inactive file after entering the cause afdeaetdvadan.
afEL'e hours.
xpt4= Ha registration shall be conducted during the 111"nunN1 [mr rlrarlivalin n

period starting 120 days befave 3 regular eleeti on and
1. Any person who has been sentenced by final
an days be fore a special election. [RA 81 as, Sac. 8
ll.1dg:l'nent to suffer Imprisonment for nat less
Q: Habataan Party-List assailed me dun one year, such disablliq.-' nut having been
constitutionality of R.A. 1035-T, which directs removed by plenary pardon DJ' amnesty;
CCIHELEE to implement a mandatory biometrics
reg;i.stration system for new voters and these MUTE: The right to rate may be aulamadcally
registered voters whose biometrics have not been reacquired upon expiration of F11-'e years alnter
captured shall submit themselves fer validation. service of sentence as L'ertiEe:1 by the e]eJ'k of
In compliance, -EDHELEE implemented rules and l:lnurL
regulations prescribing die procedure her
validation, deactivation, and reactivation of
voters' registration records ['l"RRs]'. Kabataan 2. Any person who has been adjudged by a HMI
Parter-List claimed Mat R.A. 1036? is judgilnent be a competent court at 1:l'1bu11al of
unconstitutional because biometric validation is having caused,r'comrnit'ted any crime involving
not different Iron die unconstitutional dis]o1.ra]t].-' to the duly constituted government
requirement of literacy and property because such as rebellion, sedldon. violation of the anti-
mere non-validation already absel utelv curtaiJs subversion and floearm laws, or any crime
the exercise of Ute right et suffrage through against national secucltl.r. unless restored to his
deactivation. [s RA. 10367 unconstitutional? full civil and political rights in accordance with
law;
A: Tm. The Court ruled that the right to rate is not a
natural right but is a right created Br law. Suffrage is a MUTE: The right to mrnte may be regained
pr11.rllege granted Br the State to such persons or autumaljcallyr upon explraOon of five years after
classes as are most likely to exercise it For the public service Df§ElltETlCE'.
good. A registration requirement rises to the level of a
literacy, property or other substantive requirement as
contemplated be the Framers of the Constitution - 3. Any person declared is competent audiorlty to
that is, one whit propagates a socio-economic be insane or incompetent unless such
standard whld'L is bereft of any ratlona] basis to a disqualibcadon has been subsequently removed
person's abilltjl' to Intelligently east his rate and to by a declaration of 3 proper authority that such
lllrther the public good - the same cannot be struck person is no longer insane or incompetent;
down as unco-nst:ltutionaI. Court detinidvely 4. Any person who did not vote in the two
characterized registration as a form of regulation and successive preceding regular elections as shown
not as a qualification for the right of suffrage - by their voting rec-ords. For this purpose, regular
"hlornetrlcs refers to a quandtat:l1.re analysis that -1-~1~w= in not ll'lr'lll.rl.e is »l-Ii-ws
199
xn. ELECZTICJH LAW
5. Any person whose vegistralion has been ordered the list. [RA
efxtluded by the -Court; F]1E9.5lrE1'; 34]
6. Any person who has lost his Fllipino citizenship.
eRA 8/89. See 2? [IS] Fw: flldimtn nut applir-1 h1i*
The proceedings for die exclusion or inclusion of

l Il~EI'l14*I'll.'H{l'I=*I**WI-*l'IElH=f'IH=l=l'Il{l'#'_ voters in the list of voters are surnmaryr in character.
Except for the right to temaln in the ]ist -of 1.-'oters or
lnclusiun uncled inks
for being excluded therefrom for the particular
election in relation to which the proceedings had been
Any person whose application for registration has
held, a decision in an exclusion or inclusion
been disapproved b.gl.r the Board or whose name has
proceeding, e1.ren 1r Final and unappealahle, does not
been stricken out from the list may file with the court
acquire the nature of res.,l':.rdicot0. It does not operate
a petition to include his name in the permanent list of
as a bar to any further action that a party may take
in his precinct at any lime but not within I D E
'uot ers
concerning the suhiect passed upon in the proceeding
days prior to a regular election or T5 days prior to a
Thus, a decision in an exclusion proceeding would
special e l e c t i o n
neither be conclusive on the voters political status,
not' bar subsequent prooeedlngs on his right to be
Exclusion urncccdiogs
registered as a voter in any other election. (Domino vs
coneced as No. I34-l'.il15, Iv' IN, 19981
Any registered voter, representative of a political
p a r t y or the Election Glfflcer, may Elle wid'l the court a
sworn petition for the exclusion of a voter from Me 'Jnl'l"T 11'-rillgiakt arl-'lrp'4'i ucv* p'x»:111 drill
permanent list of voters 1411.ina the name, address and
A -l:it:l21en cannot be d1senli'and11se11 Eur the Hlnislest of
t h e preelnet of the challenged voter at any time but
r e a so n s. Clnly on the must serious grounds, and upon
not within IDI] days prior to a regular e]ect:lon or B5
clear and ennvineing p l 'n n f . may a ellizen b e d e e m e d
d a y s b e f o re special elect ion. .
to have forfeited this pnedous herbage of free11l::nL
l"As11:tFI:1 we. A.4\11ir1"e, G. R. Nu. 1 9 1 1 2 4 , .4pn'12?. EO!8,1
luirisdictiun
gl:-r»lum|.rr.|.=u=¢=|.~f=n4|=*4=|.'|i»=¢rr.»nan-
1. MTE - nriglna] and er:-l:lusl'.re;
2. RTC - appellate iu rlsdictllnn; and
l row-"al =h'-v4'nlpp Orrin#
3. SC - appellate Jur1s)d1clirJ]1 over RTE on question
nflaw. I t r e f e r s m a system of' voting whereby government
officials and employees, including members of the
Wh-:1 n1a1r mr. !\print-rl nffilinzi and mvuudw Armed Forces of the Philippines [.»lLFP], and t h e
Phi]ipplne National Po]lce [PNP], media practitioners
including their technical and support staff who are
wh I] 1. And" [1lll'4'JTe 1. My rl:glstelI;~rl duly registered rulers, are allowed to 1.l'ote for the
may person whose voter in the city or n a t i o n a l positions in places where they are not
file application was municipality. msc, registered 'voters hut where their ape temporarily
disapproved by Sec. 1421 assigned to perform election duties on election day.
Me Eleetl-nn 2. Repnesent.:a1:11.re .fCOMFI.FI'.:' Reso-i'unon 9831 Sec I{.l:rj. Fe.bn.ror.1." 13.
R e g l sl ra tl n n of pnlitlcal party 2013.;
Buarui ].E]ell:tll::»n of f icer
2. Those 'whl::lse [RA 8189, 3212.391 l'hrpr9r:l*i 'Jo-ri n18
names were 4. CIDMELEC
stricken out from The process bi' which qua]iEed :Wmn§ of 'Lhe
the l i s t o f voters. Phllipplnes abroad exercise their r i g h t to vote..l'R..4.
m8,L". See. 139] 18598, Sec. 8'{kj, amending RA 5/89. Sec. go
3.CCIME1.EC
Period Any time except .I'~.n1"tln1l: cxmptlD] 1. E-average
fur 105 days before days before a
filling regular eleet lirm regular electlnn or Qualified 1:11:lzens of the Phillppines may rate Eur
or T5 days before 65 dajrs befn-re a Pnesldent, Vice-President, Senators and Party-List
a special elect lun special elecdan Repnesentadves, as well as in a ll national
{C':JME:.EC fCOMFLEC referenda and plebisdlei {R_A. 18590, Sen 4,
R2-glj[i_1[l,lg]]l Hn. Resufurinn Na. amending RA 5/391
88291. 90211
Ground 1. Ap-p]ll:alia11 fur 1. Nut qualified fur 2. Qualifications
5 registration has possessing
been disapproved disqual lf-l:atll:m; 3. Filipino r:it1zens abroad;
by the beard; DT voters; or
2. Flyrlng b. At least IB years of age an the day nfelecdans;
2. Name has been 3. Ghost rulers. and
s t r i c k e n uulfrnm,
UNIVERSITY DF SANTD TDHA5

202 1 EDLDEN NIJTES EDD
PDLITICAL LAW
E. Hntalherwjsf dis-qualified by law. nominates and suppdr3 certain of 113 leaders and
members as candidates far pub]ie nfflee.
3. Di3qua]1E1:atl1:lns
It is a national party when 113 cnnslime new' is spread
Those who have lost their Filipino over the geographical territory' 1:-f at leasts majority." of
citizenship in accordance with Philippine the re8ilans. It is a regional party when 113
laws, ennstltuenqr is spread [l'b'EI' the geagraphleal lerrltulr],r
b. Those who have expressly renounced their of at least a nlajurJtlr of the -cities and pmvin-ees
Philippine citizenship and who have pledged r:::lml:*r1 sing the reglan. ,l'8.A ?'5l'41, 5-er; 31'r}j
allegiance to a foreign co untry, except those
who have reacquired or retained their §pi'[{l['q1 PaM*
Philippine citizenship under RA. 92251
f. Those who have committed and are It is an organized ,group of citizens belonging to any of
convicted in a final judgment by a Philippine Me sectors enumerated in Section 5 hereof whose
court or tribunal of an offense punishable be principal advocacy pertains to the special interest and
imprisonment of not less than one year, such concerns of thelma sector. ['8.A ?94 I, Sec 8'.l'd_J'j'
disability not having been removed be
plenary pardon or amnesty: .Provid'ed', Snftnral Drganizatllrrn
however, that any person disquaI1Eed to
vote under Mls subsection she]] lt is a group of cllizens or a Qualit:I1Jn of groups of
automatically acquire the rlgllt to vote upon dtlzens who share similar physical attributes nr
the expiration of five years after service of r:haracterlslil3. E['llll]lD!,l!7'IC'lE'['lT., Lnteresis 'DT concerns.
sentence, and 011.4 9941. Sen 3141
d. Any citizen o f t h e Philippines abl'oad
previously declared insane or incompetent
by competent authority in the Philippines or
abroad, as verified by the Phillpplne It is an aggrupa1:i-un -of duly registered natl-IJ-nal,
embassies, consulates or Foreign Service regional, saectaral l:la]'ties nr nrganlzalinns for l:"0Iit:l1:a]
establislinienu concerned, unless such andfnr election purposes. HL4 7941, Sec 383)
competent authority subsequently certllles
that such person is no longer Insane or
incompetent IR..-\l. iossa Sec 4, amending
R..-\l.5l'IS5l}.
In Palmares us Commission on Elections, to which the
_-'lIT:\II'=ll».*l:l:ll:l'lill5ll'_ assailed Resolution made reference and which
involved the Nacionalista Party, the Court held that
Detainee 1.-'otlng '[either through the special polling the EGMELE-E has Jurisdiction over Me issue of
place inside jails or escorted voting] may be availed leadership in 3 political party. Under the Constitution,
by any registered detainee whose registration is not the com ELI8c is empowered to register political
transEerred,l"deaL'ti'uatedj'caneelledfdeleted. flied I o f parties. [Sec 2{5_], .4.l"t1cle .FX-Cj' Ne1:essa:l'1l.=,f. the power
Hes-ofutlon No. 93 FI, Morcfl 6. 2012, CDMELEC} to act on behalf of a party and the responsibility for
the acts of such political parer must he fixed in certain
*See Resnlulinn Na 53.71 do red Munch 6. 20/2 persons acting as its officers. In d'le exercise of the
power to register political parties, the cor-1ELEc must
-=l=l'»!lulM'll=M:ulu=w determine who these officers are. Eonsequently, if
there is any wntmversy as to leadership, the
P=11"P¢'-l.i~ct *»`}nr1'm
EDMELEE may, in a proper case brought before it,
resolve the issue incidental to it power to register
A mechanism of proportional representation in 1:he polltiea] parties. (Labor: fig Demoicrotl'lcon,glI Filipino us.
election of representatives to the House of com.1:.u5c. on Ho. 181265, Fehmorjr 24, 2804-j
Representatives from national, regional and señora]
parties DT organizations or l:oa]i1:ions thereof
-l:l=f¢h.1|:£ilf|IJl|Il=f|IlulhMla'=l:4|||aw-
negisteredl with the Eornlnlssion on Eleetlons
[t:omELEtl. Component parties or organizations of a P11111"'wr -'of F¢*!=i*mr=\ri-1 n
coalition Jnayr participate independently' pnovldeti the

coalition of which they form part does not participate L To at:qulre juridleal personality;
in the party-11st system. [RA ?941, See 3,['o'_lj' z. To qualify for subsequent al:1:1l'edltadnn;
3. To entide it to right and l:+r11.rl]eges granted la
PnlTI'Tl'ill Path: 'pnlitlcal parties [Sen 61, 3.8 Big. 8811; and
4. To participate in the party-list system {.'5'e4:'. 5, RA.
.in organized group of eitlzens advocating an ideology ?94I}
or plaiorrn, principles and policies for Me general
conduct of government and which, as the most Rr'Ii9rra.ri nu of pnlitiral Patti PI
lnlmedlale means of securing 1i\elr adoption, regularly
201
xn. ELECZTICJH LAW
Any organized group of persons seeking registration z. It advocates violence or unlawful means to seek
as a national or regional political party may file with ill go-al;
the Commission 3 verified petition attaching thereto 3. It is a foreign party or orca nlzation;
its constitution and b.'l.r-laws, platform or program of
4. I: is receiving support from any foreign
government and such other relevant information as government, foreign political parr, foundation,
may be required by the Commission. The Commission organization whether directly or tllrou.g]'l any of
shall, after due notice and hearing, resolve the petit:lon ins officers or members or indirectly through
within ten days from the date it is submitted for third parties for partisan election purposes,
decision.
5. Ii violates or falls to comply vol laws, rules or
regulations relating to elections,
Nu religlnus sect shall be registered as a pnlllical
party and on prJ!I1tlr:aI party which seeks to achieve lls 6. It declares untruthfu] statements in 113 petition;
guns] through violence shall be entitled to 'J". It has ceased to exist for 1 year, or
accneclltal:lnlL l".§'m: 61, 8.p. 849. 881] 8. It fails to participate in the last 2 preceding
elections or fails to ohtaln at least 2% of the votes
Rpi!i*=tralinn llndr"" *lw part-mr 'ii"»:1'p1I1 cast under the party-list system in the z
preceding e]ect:lons for the constltuencl.r in which
Any organized group of persons may register as a it has registered. l"R..4. ?5l4I, Sec. 6]
party, organization or coalition for purposes of the
party-llst system by filing with Me EDMELEC not later
than ninety -{{5lll] days before the election a petit:lon
verified Br is president or secretary stating its desire
to participate in the party-list system as a nationaL
regional or sectoral party or organ laatlon o r a Refers m any persian aspiring for nr seeking an
coalition oF such part:les or organizations, attaching e]er:1:i1.re public office, who has tiled a Eert:IEL'al;e of
'thereto us constitution, by-laws, platform or program Eandidacy UIDIE] bar himself Ur through an accredited
of government list of officers, coalition agreement political party, agg1'l::ILLI:»ment or coalition of partier.
and other relevant information as the CDMELEE may [DEC Ser; ygfgjj.
require: Provided, That tl'Le sectors shall include IaOolr,
peasant flsherfolk, urban poor, indigenous cultural Any person may thus file a C-DE an any :lay within the
communities, elderly, handicapped, women, youth, prescribed period for Ellng a CDE, yet lilo! person
veterans, overseas workers, and professionals. shall be considered a candidate, for purposes of
determining one's p-osslble vlolalio ns of' election laws,
The CDMELEIE shall publish the petltiun in at least two only during the campaign period. ,['Fenero v i
[2] national newspapers afgeneral circulation. COMELEC ER..l'llt-D. 18/611 November 35. 2089; HA
9369, PoH'.4Lrtomo Hon low, Ser. J'5j
The EGMELEC shall, after due bentlee and hearing,
resolve Me peli'l:1-an within Fifteen [15] days from the l'M'il:ddl!i
lllate in was submitted Em' decision but in no case not
later than sixty [ED] days before eleetlan. {R_A F'94I.
.'S'ec..5j' Qual ificaiiuns of Candidates
Gnnuus which cannot be regjstcrlcd as Political L National level

EalLtiL*£
A. Fur Presldent and Vlce-President
1. Religious denominations and sects; 1. Natural-burn ellizen of the Phllipplnes;
2. Those which seek to achieve their goals through 2. At least 40 years cold an the day of the
violence or unlawful means; election;
3. Those which refuse to uphold and adhere to the 3. Able to read and wrlle;
on nst:ltl.Llio n; or 4. Registered enter; and
4. Those supported by foreign gomrernmenis HES? 5. Resldent of the Philippines For at leastlD
Constitution, See 2{5}, An. IX-L] years immediateljr preeedlng the day of the
elecdan. MSIE? Eanstirutlnrl, Art I-*IL .§'afNI4:rns
I*rI1l¢a1 =ulrh*-'nr "àl1rp1latil:1~l1 nfFp1'1itm1in11 2 s .in
The COMELEC. nay, mote promo or upon verified B. FDL" Senator

complaint of any interested party, refuse or cancel, 1. Natura] -born denizen oEtJ:ie P]'L1lipl:+1 nes;
after due notice and hearing, the registration of any 2. At least 35 I."'ars old on the day of the
natlollaL regional or sectoral pa.rq,", organization or e]el:1:lon,
coalition on any of the following ground; 3. Able to read and write,
4. Registered voter; and
1. It is a religious sect or deny m1 nalil:m.
5. ReslOent of Me Philippines for not less than
organinOon or association, organized Eur
nw- years immediately preceding the day of
religious purposes;
the election. use? ISonsLll'uI.'ion, Art W, See
to
PDLITICAL LAW
II. Loral l.e\-'wel Nnnvidmstanding, he frcquemjjf visioned Ujrugan,

Batanes during his vacation from work in Canada.
A. Far District Represematl r e s W h e n : is his nsidcnne fur the pllrpnfsn of
1. Natural-burn eltisen of Me Philippines, e le c tions ?
2. Registered enter in the district in which he
shall be elected; A: CANADA. In Cequiii] us CQMELEC, the SE ruled
3. the same district Eur 3 pe r i od not
Resident -of that nal'u1'aI1zat:lnn in a foreign cnunn"5.r may result in
less than one §l.rear immediately preceding an aband-anment -of deniicile in the Philippines. This
the day of the elelL't:le~n ; holds trl.Le in Caha]le1'll:l's case as permanent resider
4. Able to read and write; and status in Canada is required fur t:he acquisition of
5. At least 25 years did an the day of the Canadian citizenship. Hence, Caha]]eJ'u had effectively
eleftll:mL use? El:msrituri4:rn. Art. W, Ser; 6] ahandnned his dnmielle in the Philippines and
transfe1'1'ed his domicile of ehcdee in Canada His
E. Fur GnveJ'11nr, Wee G a v e r nnr , Mayor, V i c e -Ma y or , frequent 'urIs113 to Uyrugan, Eatanes during his vacatlnn
Punting 8arangay and 5an.gg1.Ln1a]1g Members from work in Canada cannot be considered as waiver
{1994, 2DD5 EAR] of such ahanddnmenL {IS'abaH-em us. caafscsr; ER
Ain. 289835. September22, 20/5]
1. Citizen of the Philippines;
2. Registered voter in the barangay, Grounds for disl:ll.1aliEI:al:il:rn 11994, 1999. 2010
municipality.-', eitj."r ar pvdylnde ar, in the ease E 8 . B1
of a member of the Ecrnggunidng
Panidlswgsm Eungguniang Panlun.gsud'. 'DT 1. Declared as lnoonlpetent or insane by competent
Sanggunidng Bdj.-wn, the district where he authority;
intends to be elected; 2. Convicted by final Judgment far subversion,
3. Resident tlteneln for at least one ,1.reat' insurrection, rebellion, or any offense for which
immedlatelyr preceding the day of the he has been sentenced to a penalty of IB months
eleetidn; imprisonment;
4. Able to re a d and w r i te Filipino or any other 3. Convicted be Final judgment for a crime involving
idea] language nr dialect [RA F160 Lees! moral turpitude;
G-al.-'ernment Cade retire Philippines, See 39] 4. Electl-on offenses under Se-r; 261 of the DEC:
NDTES: 5. Commltling acts of terrorism to enhance
candidacy;
1. Ingress may nut add to quallfleatinns far' Spending in his election campaign an amount in
elective -nliieials provided in the Constitution, and excess of that allowed,
2. Qual1E1:atinns prescribed by law are euntlnuing T. Soiiciting, recefvlng, or making prohibited
reqLLirenle11l3 and must be l:":l-sseseed far the oonhibubons
duration of the nMeer1"s active tenure. [Fiduaidn Not possessing qualifications and possessing
vs. EDMELEC. ER. Na 8?I5l3,june 3.11989] dislqual1Ecat:l-ons under the Local Government
Code;
Purp-nit of tlw lrp'4id¢'nnL' vrqllirvmrnt 9. Sentenced by final Judgment for an offense
involving mo re] turpitude DT Em' an offense
The minimum requirement under DUI Constitution punishable by one year or more of imprisonment
and election laws Edr the candidates' residency in the wllhfn two years after serving sentence;
pet]ltiea] unit they seek in represent has never been 1l:L Removed from office as 3 result o f a n
intended to be an emptj,r fnrmallstie enndid-nn. It ad mfnisttative case :
carries with it a 1.-"ery seriNe purpose: to prevent 11. Convicted 111.* final judgment for violating the math
"strangerlsj ar newc1:lmer[s] unacquainted with the of allegiance to the Republlq
ennditinns and needs of a r:nmmunitj.r" fr-um seeking 12. Dua] citizenship {more specifically, dna]
eieetive dices in that edmmunitg.-'_ [jniever vs. YasmeEn. allegiance);
EIR. Ne. 289386. September23, 2014] 13. Fugitives from iustlce in criminal or non-political
eases here or abroad ,
Rvgistcrcd prnpertv as resident? prune 14. Permanent residents in a foreign county or
those who have acquired the right to reside
The fact that a candidate has no regisle Ned property abroad and continue to a1.-'all of the same right;
under his name in the lo-callt§l,r wherein he seeks to be 15. Insane or feeble-ntinded;
eiecoed does not here his aemal residence therein 16. Nuisance candidate;
because properly ownership is not among the 11. Violation of Sec. T3 oEc with regard to CDE, or
quallflcatlnns required of candidates for local election 18_ Violation of Sec. 'FB on material
It is enough that he should live in Lhe locality, even in misrepnesentatlon in t:l1e EDC.
a rented house or that of a friend or relative. fjuiover
us OsmeHolIhid.} EEEPU of Hn lllnwnrn r-rnnrurialinn of ti1rri£Il
Q: Caballero was a natural-lmrn Filipino who had

Lljrugan, Baranes as his dami-cile at uriginL He later Fai!'L1re cu renounce foreign 1:i'l1zenshll:r in aecnrdanee
worked in Canada and became a Canadian citizen. elm the exact tenor of Sec. 5[2]l of RA. 9225 renders a
203
xn. ELECZTICJH LAW
dual citizen ineligible m run for and thus hold any Fruvislans of Me election law un eertifleates of
elective public nfflce. {Sahe.ll:lnr1-Condon US. COn-:fELEIS',, eandldaq," are mandatory in terms. I-Iawever, after the
ER. No. 198942, August ID, 2012; e]er:t:lans. they are regarded as directory to give effect
to the am of the electorate. (Enya-ang, Sn vs
Q: joseph Dimapilis was elected as Punong CGMELELZ as. No. I55l5IBF, November 28, 20031
Barangay ot' Ever. Pulung Hangul in October
Ii]1ll and in 2013 he ran Tor re-eleetioo for Me EIIEHIISE
same position and WDII. When he filed his coc, he
declared under oath that he is eligible for the 1. To enable the voters to knew, at least ED days
oltice that he seeks to he elected. A petition for before the regular election, the candidates among
Disqualification was filed against Diloapiilis oo the whom Lhey have to 8100s)e, and
ground that be was barred from running in an 2. To avoid eonMsion and inconvenience in the
election since he was suffering from the accessory lab1.Llatlon of 'Lhe votes east. [Miranda un ..4hayo.
penalty of llerpetual disqualification to hold on No. 135351, 14423, I959;
public oltice as a consequence of his dismissal
Irorn service as then Hagawad of Brggr. Pulling Fill nr: mr. fm tlw tfnurr of ill-:umtrrnnf
T-'laragui in an ondec dated November ii], 2009 by
tile Dn1budsn1anL is Dimapilis barred to mn due to 1. elnnsi defed
As' In appointive n;ji!ein{ - I-le.,"fl1e is
his misrepresentation he committed in his cot? [pa .,facto RESIENED from his nfflce upon the
Filing of his EMC and such Liesignalinii is
A: YES, because of the material misrepnesentatldn and irrevocable. {D-EC, Sec. 581' [2002 BAR);
3 EDC is a formal requirement for eligibility to public 2. .43 to elective nmeiuI - It has on eiTeeL The
office. A person intending to run for office must not candidate shall emitinue to held :ire whether
only possess 1j'Le nequlned qualilicatldns for the he is running Eur the same or a different puslliaii.
'poslt:1on far which he intends to run but must also [Fair Fieetiuns .44:'t, Sec. 14, eiqimssfy up-eaied' RPM
possess none of the grounds for dislquallEcatlon under 88I,.'5»l£'-E. EF]
the law. In this case [linlapills was found guilty of
Grave l~'IlscondII.Lct and its penalty is perpetual Q: Do the deemed-resigned prnvisinrls which are
disquallEcad-on from holding public of Noe and the applicable to app-ninlive cflicials and not to
EDMELEE has the legal duty to ensconce and elective cliicials violate the equal pmtectiun
administer laws rclatlve to the conduct of an election clause it' the Eunstituticn"
and under Sec. TB of the DEC the -ED-MELEE has the
legal duty to cancel the coc of anyone who is A: run. Substantial dlstlnetlons clearly exist between
suffering from the penalty of speclal disqualification eler:1:i1.re oftleials and appointive offielali The former
on run for p1.Lbllc ofllce by virtue of final iudgmeni; occupy their of-ee hr virtue of the mandate of the
l'D.lrrrop.llls us. COr-:ELEC as. ND. 22?I58, 441 Ra electorate. They 3.l'*E elected to an oftiee far a definite
20191 term and may be removed therefrom only upon
stringent eondltlons. Un the other hand, appolnthre
-.alllIJh-l'II=l'l1:u:uul:II»f=1ll=\-ll!f:llM..'f»IIIMI\Fl officials held their of flee Br 1.-'irtue of their designation
thereto Br an appointing authority. Some appolnti1.-'e
offielala hold their off-oe in a permanent eapaeit'j.-' and
are enticed to oeeuritj.-' of tenure while others serve at
l*in person shall be eligible for any eiecuve publjr: the pleasure of the appointing autl'Lorlty. [Quinta ve
nifiee unless he Illes a swf-rn certificate of candidaqr eonfatati as 189698, December I, 2nn5r}
within the period fixed herein. (HER, See is;
Effect <11 tiling mu ccnificalts and ca lldidac'r[
The oertilFjcate of candidaqr [CDE] shall be filed by the
candidate personally or by his duly authorized It disnqualjfies Me person to run for bath eleftlve
rel:lresentat:l1.re ac any dal.r from the commencement of plnsitlnlu [DEE Sec. ?3.
the election period but not later than the day before
the beginning of due can1pai.g;n period. In cases of However, before the eacplration of d'Le period far the
postp-oneinent DI' failure of election, no additional filing of EMC, the person who has filed more than one
certlhcate -of candidacy she]] be accepted ex-oepl in oe1'1:iEi-cate of' -candidaq.-' may declare under oath the
cases of sutistillilion of candidates. {G'EE.,5'ec. ?5 office for which he devices to be ellglhle and canoe]
the EIDE for the other oE'lce or oflll oe,r's. A person who
A esc is 3 1:.andldate's best elder-me of statutory: has filed a certitlcate of candldaq,-f rnayr, prior to
eligjbilltjr to be elected for an elective post It is Me election, withdraw the same. The Ellng of a
ll1l::mn1e11t which fl::rn1.a]ly accords upon a person the withdrawal oe1't'iEcate of candidaqr shall not affect
status of a candidate. l'Ttl8¢:d'inn vs HRET and Luqv whatever ci'ulL ccimlnal, oc administrative llabllltiea as
Trzuws-Gamez, G.R Na 202202, March 19. 2013; candidate may have incurred (CENELEC Rerolnrtion
8l5_?'8, Sec IJ-
]'!H}TE: A CUE may be amended before the eleedans,
even after the date nfirs Rling.
PDLITICAL LAW
be validly substituted. Wagnlino HE HRET cmd' Lucy

Torres-Gamez, ER. Nu. 202282, Murry 19. 2013]
An racial candidate if a duly regimered political
party -ar cdalitlnn who dies, withdraws, or is Q: james was a candidate Tor Fire Iviajrur in Ute
d1s)qua]lEed far any cause after the last day' for the First It::lrder tiny. Hn Ccrtiiicate of hiuloinatiun and
Blind of CuEs may be sl.LbstitLLled by a candidate Acceptance (CUNA) was signed by his party's
belnnglng in, and nominated by, the same p"alit:l1:a] chapter president Lorena. lr appears, h-awever,
party or Cd-aljtlml. Mat his chapter president was nut aunt-nrised his
their national party leader to sign Ianies' EDHA..
Na subsdtule shall be allnwtd Eur any independent Sn, EDI'-'lE1.EII considered him an independent
candidate. candidate instead of being a candidate by his
party. 5ubsc-quentljr, lames' party submitted prncrf
The sILLI:ls1:itule for 3 candidate, who died or is that Ruoiualdes was authnrised to sign ]ares'
d1s)qua]llie:1 by final judgment, may file a EDC up to EDINA. Few days after tiling his enc, [ares died
mid-d.a],r of Eleetlan Day; Phu-'ided that, the s1.Lbsl:i11Lle due to a heart attadc. Mar-celina, lames' wife, tiled
and the one being subslilllted have Lhe same ber CDE to substitute ber deceased busband
SLITDHTHES. [aoles, despite his demise, received twice as inaogr
sums as Winstno, james' rival hir the pa-sitiu-nL
If the death DT disqualification should occur between Winston Men questioned the substitution of
the dar before the election and mid-day of Election Marcelina saying that an independent candidate
Day, the substitute candidate may File a CGC with any cannot be substituted. EDHELEE agreed w'ith
Eoard of Election Inspectors, Election D-Elieers, Wirlstun. Marcelina sought to reverse EDlin{ELEE's
Provincial Electl-on Supervisor, or Regional Election decision beinre the so. W'hn sbuuld the so favor"
Director, as the case may be, in the political
subdhdslon where such person is a candidate, or in A; Marcelina. Petit:loner's deceased husband's name
the case of a candidate for President, 'llfice-President remained D11 the ba.llot notwltbgxandlng his death
or Senator, with the Law Departrnent; Froirlded' that even before Me campaign period far the local
die substitute and the substituted candidate have the elections began on March 29, 21113. Yet, he received
same surnames {tTI5l8*/Et.EE Resolution 9584, August almost twice the number of 'notes as the second
18. 2815] placer, pri1.rate respondent, in a decisive victor],r. Since
the people could not have possibly meant to waste
Fr-1l1i'iiIp1 fnf 141 i='l wh 'i1'ihl*ifln their votes on a deceased candidate, we conclude that
petitioner was the undisputed choice of the electorate
1. The s1.Lbsti11Lle must l:le]1:1ng to the same party Ur as 'Dulce Mayor on the apparent belief that she may
malllinn; and validly substitute ber husband. That beL1eE was not
2. The deceased diaqual fled nr 'l.1.ri'thdrawn contradicted Br any oliic'lal or formal ruling Br the
candidate must have du 1l,' aL]ed a vaffd CDE. t:ol»»1ELEc prior to the elections.
MUTE: The aeennd requisite 13 a L'-nndil:1-an sine
The late submission of the authority to sign the :zoner
q'un man. l'TaguIIn-cr us. HRET and I.r.rr.}" Tarr8-
la the EGIMELE-E was a mere teehnlcaliq,-' that cannot
Game; ER Na. 202202, Man-:'J'J 19. 2813]
be used to defeat the wil] of the electorate in a fair and
honest election. Non-compliance with formal
Q: Raphael and Angela Fled their EDIES far the neqult*ernent3 laid down in election laws when not
p-nsiti-nn of Mayer it' Lu-cena Eitj.r. Angela tiled a used as a means for fraudulent practice will be
petition to disqualify Raphael, alleging that considered a harmless lrregularltgr. Allowing the
Raphael still filed his EDC despite knowing that he belated submission of the authorltjr to sign coma; will
had exceeded the :I-term limit as Mayer of Lueena not result in the sltualtlon proscribed by Section T? of'
City. CDMELEC First Division disqualified Raphael. the Clntnibus Election Eode - 'Lhat an independent
Marian, Me quite ui Raphael, filed her own CDC in candidate will he in1.ra]idl1.r substituted. In the ease at
substitution ul' her husband, Raphael. Can Marian her, neither the EDMELEC nor private nespnndent
validly substitute her husbandl* contended the deceased was not in fact a bono fide
ntemher of his party. The record is bereft of any
A: ND. A disqualified candidate mar only be allegation that the authorltlr was Inexistent, forged or
substituted if he had a 1.ralld CDE in the Ecst place in any way defective. The only issue was that it was
because, if the disqualified candidate did not have a not submitted within the prescrlhed deadline [Engle
valid and seasonably filed EMC, he is and was not a vs cometeti oo. file. 215995, Jon uory is, 20/6]
candidate at a]L If a person was not a candidate, he
cannot be substituted under' Sec. 'FT of the DEC. If we Srcaauums
were lc allow the so-called 'substitute' m file a "new"
and "original" coc beyond the period for the tiling In case of valid suhstltut:l-ons after the -ofheial ballots
thereof, it would be a crystalline case of unequal have been printed, the votes cast for the substituted
protection of' the law. Thus, there was no valid candidates she]] be oonsldered as stray votes but shall
candidate for Marian to substitute due to Raphael's not invalidate the whale ballet; For this purpose, the
lneligihllity. The existence of a valid cot: is therefore a oft-cial ballots sha]l proWde spaces where the voters
condition sine qua non for a dlsquallHed candidate to may write the name of the substitute candidates if
205
xn. ELECZTICJH LAW
they are intl fig for the latter: Pmuid-ed, hnweve r. Mat e]er:tora] process into mockery l11.f filing eertlNeates of
if the substitute candidate of d1L same Eamlly name, eandidaq,-' at due last minute and delaying resolution
this pmvisian shall nut apply. [RA 9006 [Fair o f a n y petition to deelane them as nuisance
Efmtinm&ct}, Sen IZ] candidates, until elections are held and the votes
eou nted and canvasses. [lr.Tei'esnno !+:l'o.rI.'inez us. HRETL
Hn Fandid-1 l'p, Hn F-llllvltirutinn IS'.R. No.189034, Jon tory 1 I, 2818]
Sec. TT, DEC requires that there be a candidate in EfIprt it untinil a T11 lilancp randiiln Ip
under for subsdtutidn to lake place. Thus, if a person-n's
ED-E had been denied due :nurse to and,r'nr cancelled The 1.-'ntes cast Eur a nuisance :andldate are not sway
under Sec TB, DEC, he nr she cannot be validly but counted in favor of Me buns! Ada candj date. [Bela
suhstjtuted in the electoral p:rn-ness. Stated differently, Cruz PS. cl:rmEf.EE. ER Na. 19222/. November 13,
sine there would be nn candidate to speak funder a 281 FJ
denla] of due nnurse to and..Fnr cannellatlnn of a enc
case, then there would be on candidate to be Hliniirfri al How of Crrmplr~r rn Rfl'pi\f-r 1Tprli[iratp¢
substituted. l'T4::r,l.;II¢:IJ'ann vs HRET and' Lnrq; Tnrr"8'-
Gomez, ER. Hn. 202282, M-crrch 19. 2013] GR: The -EDI-'IELEE shall have the mmusterlal duty to
receive and acknowledge receipt o f t h e CDES;
f*rnu|`d'ed, that said eertlti-cates are under oath and
contain all the required data and in the form
Any registered candidate for the same office may File a prescribed by the Ecnmnllsslnrl. [DEE Sec F; Eemficu
petition to declare 3 duly registered candidate as a vs cru-fecec ER No. 285136, December 2, 2014]
nuisance candidate, personally or through duly
authorized repreaentatlve with COMELE::, within Eve XPN9 EDMELEE may on beg."'nd the face of the CDE in
days from the last daj.f of filing ofCDE. [R.A. 6646 [The the fullawing:
Ffectorol Re.IFor'm: Low of!98'?_], Sec. 5]
1. Nuisance candidates (GET, Sec. 69j;
Grounds 2. Petlddn to deny due course or to cancel a CDC
(DEC, Ser. FE.1T; at
The EUMELEC may mnru ,pmprln it' ul:l4Jn verified 3. Filing of 3 dlsq1.laliflL'alldn case DTI. any of the
petlliun nefuxe to give due :nurse to DT Nance] 3 grounds enunuzraled in Sec. EB, DEE.
L'erl:IEr:ate of candidacy ifstmwn that it was filed DD:
1.
2.
Put the elect-nn process in mockery nr disrepute,
Cause cnnfuslnn among the v-nlers by the
ililiiwn | | | I'
I
similarity o f M e names o f W e regimered Any candidate who has been declared by llnal
candidates, or Judgment to be disqualified shall not be voted for, and
3. Clearly demnristrate that the candidate has nu the votes cast for him shall not be counted.
bane ,fide intention to run for the nEl'lce Eur which Nevertheless, if for any reason, a candidate is not
the ccc has been med and thus prevent a faithful declared be final Judgment before an election to be
determlnatinn of the true will of Use electorate. disquallNed and he is voted for and oeoelves the
[DEE Sec 65] winning nILLn1ber of votes in such election, his
violation of the proWslons of the preceding sections
Power of CDMELEC shall not prevent his proclamation and assumption to
office. {OEiSL Sec ?2l'
GH: The CDHELEE may, rrrntuprnprin or upon 1.reriiied
petlliun of an interested party, refuse to give due
:nurse to or canoe] a 'CDC Il.Lp4:'n showing of the above-
strated r:ireumstanr:es. (DEC, Ser; 69] F1 pI"ti~'11\ 1"==\mI+*i1'l\
KPN: The EGIMELEC cannot marr pmpda deny due Also known as 'partisan pulllieal ae1:i1.fl'q.r.' This refers
course to or cancel an alleged nulsanre l:andldale's to an act designed to pmmnte the electlnn Ur defeat of
l:le1"l'iEr:ate of candidacy wllhuut prl::1.-riding the a particular candidate m' candidates to a publlr: dffiee
candidate his al:+]1l::l1't1_Ln1t],r to be heard. ,l"J'1m!JI:J1 vs which shall include: [F-H-m-pun-sul]
CQMELEL15.8. No. 206094 Febmury24-, 20151
1. Farming organizations, associations, dubs,
Reason for the: p1rnhibiti0n ul'Nuisan-ce Candidates committees ar other groups of persons far the
purpose of solieitlng votes and..For undertaking
The prohibition against nuisance candidates Is aimed any campaign for or against a candidate;
precisely at preventing uncertainty and cnnli_lsicln in 2. Holding political caucuses, con ferenlzes, meetings,
ascertaining the true will of the electorate. Thus, in rallies, parades, or other similar assemblies, for
certain situations, final Judgtnenls declaring a the purpose of solielting votes and,r"or
nuisance candidate should effectively cancel the CDC undertaldng any campaign or propaganda for or
filed by such candidates as of election day. D-thecw'lse, againsta candidate;
pntentia] nuisance candidates will continue to put the
PDLITICAL LAW
3. Making speeches, announcements of' the government or any of 113 divisions,

commentaries, or holding interviews for at' subdimrisions ar instrumentalities, including
against the election of any candidate far public GDP-Es
office; 5. Grantees. wit;hln 1 year prior to the dale of the
4. Publishing or distributing campaign literature or election, of leans or other accommodations in
materials designed ld support or oppose the excess of P1Dl],DDD by the government ar any of
election of any candidate; DI' 113 divisions, s1.LI:ldi'l.r1slor1s or instrumentalities
5. Directly or lndirectljr soliciting votes, pledges or including EDECS
support for or against a candidate. [BBQ Sec FE 6. Educational l11stltut:lons which have rec-ei1.-'ed
.WI grams of public funds amounting to no less than
P1i]D.0]l{:l
_l4il=.q4",l"l=l.gl,,'*1 ilqgIIi!._ T. Dfflcials or cmployrees in the Ehrll Service, or
members of the Armed Forces of the Philippines
Premature Campaigning ll- Foreigners and foreign corporations, including
foreign governments [Esc is and 98, B.F. 343.
This means eleclinneerlng conducted befnve the Sal;
nfticlal campaign perpend.
Iliiliulllii
Premature Campaigning Ne ledger an offense
The Court, in granting the motion for neconslderatlon lawful Elrvtinn Prnpagan-:la
of Rosalinda Penerau held that, "I11 line in Sec. 15 of
Republic Act: No. 3435, as amended, which provides Law'fLI] electlnn propaganda shall include:
that "any unlawful act DT omission applicable to a
candidate shall take effect only upon the start of the 1. Pamphlets, Jeaflets, cards, decals, stickers or
campaign period," does not mean that the acts pther written Ur printed materials of a size
constituting premature campaigning can only be not more than eight and one-ha]f inches in
cornniitted, for which the offender may be width and fourteen inches in length,
dls=qualiEed. during the campaign period. Z. Handwritten ar printed letters urging voters
tp 1.rdte far or against any particular
A candidate is liable for an election offense only for candidate;
acts done during the campaign period, not before. The 3. El-nth, paper nr cardboard posters, whether
law is clear as daylight - any election offense that framed Ur posted, with an area exeeedlng twill
may be committed by a candidate under any election feet by three feet, except that, at the site and
law cannot be eomlnitted before the start of the p11 the nccasldn if a public meeting or ra]]],r. or
campaign period. (Panera up. EDMELEE, E.R. No in announcing the hdldlng pf said meeting Ur
13/618, November 25, 2009) rally, streamers net exceeding three feet be
eight feet in size, shall be a]]awed: Provided,
-H¥'{"!HW!!*'l."'[\'11'l*"ll'llMII'L'_ That said streanters may not be displayed
except one week before 1:he date of the
Nu cnnlribulinn for purposes of partisan p4:lliti4:al meeting or rally' and 1:hat it shall be removed
activity shall be made directly or Indirect by any of within seuentg.-'-two hours after said meeting
812 En]la'.1ni fig: or rallj.r; or
4. All other farms of eleetlon propaganda not
1. From PLLI:lllr: ar private financial lnMtutians prohibited by this Gode as due Commission
may authorize after due notlee to all
XPH5: interested parties and hearing where a]l the
g_ The financial inslitutlcms are legally in interested parties were given a11 equal
the business of lending nlnney, opwmun1w to be heard; F'l'Duided. That the
b. The loan is made in accordance with EomminlonS au Moriudon shall be
laws and regulations, and published in twin newspapers of general
The loan is made in the undlnarj." l'IILll'9E clmulaOon throughout Me nation for at least
of business. twloe wllhln one week after 111e authorization
has been granted. [EEE Ser; 82]
z. Nature] and juridical persons operating a public
utility or in possession of or exploiting any Prnhibitcd Forms nfElc1:1:lun Propaganda
natural resources of the nation.
3. Nature] and juridical persons who hold contracts It sh.aLl be unlawful:
D r sub-eo nlraels III supply the government D r any
of lM divisions, subdivisions or lnstrun1enlalllies. 1. To print, publish, post or dis1:ritlute anjl.r pester,
width goods DT services or to perform pamphlet, circular, handbill, at printed matter
l.'nnstl'uet1on or oilier works. urging voters to vote Em' nr against any candidate
4. Grantees of franchises, incentives, exemptions, unless they bear the names and addresses of the
allncatl :ms III r similar privileges or cnneessions bl.'
EDT
xn. ELECZTICJH LAW
printer and payer 33 required In Section B4 day of the elecliun, Elle in dupllcale with Me nM:es of
hereof, the Cnmmisslnn.
2. To erect, put up, make use of, attach, float nr
display any billboard, tinplate-poster, balloons ER: Hn person elected m any public nffhzes shaIl enter
and the like, of whatever size, shape, farm or upon Me duties of his office until he has tiled the
kind, advertising for or against any candidate or Statement of enntrihutlnns and efxpendltuhes heneln
political party; required. The same prnhlhitlnn shall apply 1r the
political l::lartjl.r which nmninated the winning
3. To purchase, manufacture, request, distribute or
candidate Eai]s to tile the statement required.
accept electoral propaganda gadgets, such as
pens, lighters, fans of whatever nature, KPN: Candidates for eleotlve baranganjr office who
flashligltt8, athletic goods or materials, wallets, failed to File 113 SDEE will onlj.r be charged for
sh1r13, hats, liandanas, matches, cigarettes and administrative offense wherein offenders shall be
the like, except that campaign supporters liable la pay an aOminis1:l'at1'ue fine ranging fooni Une
accompanying a candidate shall be allowed to tllo1.lsanO pesos [P1.Ell]I::I.I{:ID] to Tl1irtj.r 1;l'L-ousand pesos
wear hats and..F-or shlrLs or T-shlrLs advertising a
[P3l],I:l]D.D]], in the diseoeljon of Wie Commission.
candidate, fee FIES, E+:'c. 14)
4. To show ar displa1.r publidp any ad1.rert:lsement or
pro page nda far DI' against any candidate by
means of' cinenlatograp]1.1,f, audio-vlsual units or
other screen projections except telecasts wlhich
ntay be allowed as hereinafter prodded, and l':nrl1l1-u'»:i\inn:
5. For any radio broad-casting -or television station
to sell or give Free of charge airtime for campaign 1. Chairman
and other political purposes except as autltorlzed 2. Pall clerk
in this Code under the rules and regulations 3. Two members - each representing l'WD
promulgated by the Commission pursuant accredited political parties
thereto.
NDTE: 1 and 2 must be public sch nr] teachers,
priority to be given to civil ser1.rlr:e eligible. l'8Er§, Ser;
HUTE: Ping,-' pmhiblled eleetlnn propaganda gadget nr
al:i1.'e1t:lsement shall be stepped, cnnNscated nr tarn
1641
dnvm by the representative of the Eemmlssiun upon
specific auth-urltJ.r of the Commission. (DEC, See 85] Puwvri;
1iI1I1m1r.I.m.lsl*4u=.'m4. 1. Eonduet die 'voting and r:o1.L11tlng of votes in their

respective polling places;
For Eandidanes:
2. Art as deputies of the Commission in the
supervision and control of the election in the
polling p]ar:es wherein the.* are assigned, to
1. President and Ulce President - Ten pesos
assure the holding of the same in 3 Free, orderly
[P1l].l]0] and honest manner, and
2. Dther candidates - Three Pesos [P:].0D] 3. Perform such other ELLn1:tlons prescribed by this
3. A candidate without any polllical party and Code or her the rules and regulations promulgated
without support from any political pm-q,r - Flue 111.' the Eommissl on. I-UFC, Ser. as;
Pesos {P5.001.
Board of canvassers
]'ll'DTE: Fur, other candidates, every enter currenthr'

registered in the ennsdtueney where he filed his
Them shall be a B::lan:l of Canvassers each
m1.Lni1:ipalltjr. 1:ltjr. prnxrjnce and Ie9sLa1:1ve dlslrlct in
eer'dEr:ate of candidacy.
Helm Manlla. [CEM-fELECResnJ'utinn 3848, Se-r. I ]
For Political Parties: Five pesos [P5.DD] far e1.rer5r
voter currency Jegistered in the enns1:it1l.Lem'3f nr _1*'I=51=I'*-1ll11118-
ennsdtueneles where lt has nffidal candidates. (RA
?'J'6E, Sec. i!'3.II l`nmlv\'»=i\inf1='\{ Liv' Ward of l`=n\-'a'=a=ap1"1 il*""1"""'
| I I'-'hmirinal Elli
Jl
1rl"\l'l11 |. l 1. Election Dfficer or neprexentatjve of EDMELEE -
Statement of Euntributinns and Expenditures Chairman,
[SDCE] 2. Mu11lcipa| Treasurer - 1l.I'i1:e-chalrman; and
3. [:rial:l'iL't Schantz] Supervisor, nr in 1'ds absence, 1j1e
It is 3 full, tr'Lle and itemized statement of all mcrsl senior Prlncipal of 11'le achnal d1s1:l'14:t -
mntl'1t:u1:l1Jn5 and expenditures in el:mnel:til:ln wlM Heinber. l'C'DJ'-'IELEE' Resnlutlun 3848 Sec. 3]
the electlmi. E1.l'eryr candidate and treasurer of the
pnlitlcal party shall, wlthjn mum [30] days after the
PDLITICAL LAW
.
due n1:ll:lr:e and hearing, not later than 15 days before
the eleedan.
1. clair Election Supenrlsnr or 3 lawyer of the
CDMELEE _ Ehalrman; In addllinn, Me IEGMELE-E may mum pmpdn or upon
E. Elly Pmsemmr - WEE-Chairman, and verified pelivtiun refuse to give due :nurse to at cancel
a CUE ifslmw Unit it was Filed: [Put-Ea-Nu]
3. ]Ili'urlslnJ1 Superlnteiident l::t'5chunls - Member
1. Put the election pro-cess in mo-cker.§,r DT disrepute;
In cities with more than one Election Dfflcer, the 2. Cause oonE'l.l.'-tion among Ute voters bi' the
EDMELECE shall designate which Election Elfticer to similarity o f t h e names of the registered
act as Chairman. ITUHELEE Res-nfr.rtian 3848, Sec. 4_3
candidates; Elf'
3. Elearlyr demonstrate that the candidate has no
Prnviurial Fit honnjde intention to run for the ofliee for which
the CD-E has been filed and thus pnevenl a falthfu l
1. Prumrincial Elecdnn Eupervlsnr or a lawyer of the determination of the true will of the electorate.
CGMELEE _ Ehalrman; (acc, Ser; 69]
2. Prom-'incial Pvnsecutur - Vlce-Chairman; and
3. ]Ili1:1sl011 Superintendent of Schools - Member. | l *. | ,{|£il|:1||f=i||2I|.|-
n:crr4ELEc Resnlutinn 38481 See 5]
It is the remedy against any candidate who dues nut
Diwict lmr. [nr The l.r-grclatiw lli*=trin1 of MPIW puseess all the qualiticatjdns required by the
Manila Eunsliuiliun or law, or who eummlls any act declared
be* law ld be grounds For d13qualjH1:.:at:ldn. [CDHELEC
1. Lawyer afNhe I:IDl-'IELEC - Chairman : Rules rPm:edure. Rule 25, Ser. 1]
z. A ranking Prnsseeulnr in Me district m be
appointed be the CDH-'IELEE in l:n11su]tat:lan with Time ui filing the petiiiun Rlr di5qllaliI'iL'a1i<m
the Secretary of the Department of Justice - Ulce-
Chairman, and The petition far disqualification n1a3" be Filed any day
3. Mast senior District Schn-nl Superirjanr in die al*ter the last d.*y Em' filing of certificates -l1f-t'andidar:l.r.
dlslriet to be app-ninted be the camels: in but not later than the date of pltnelamatiun. [EW-1'EI.E-E'
ennsultatlnn with Seenetary of Me Department of Rules u FPm:edure. Rule 25, Sea 3]
Eduealinn - Member. {|2'GlMEI.E|LT R-esnrnrtinn 33481
Ser: 6] Nav [or =a[lT\p pr-:wrpflillp.1
The petition is heard summarily. Leo:-fetcc Eries of

Procedure, Rufe ;n5. Sec -in However, the EDMELEE
Powers ofLhc- Bnard cannot disqualifjr a candidate without hearing and
affording him opportunity to adduce evidence to
The Ecard shall have li.Lll authority to keep order support his side and taldng into account such
widaln the canvassing room DI' hall in-cluding ins evidence.
premises and enforce cbedlence to lu lawhil anders. If
anger person shall refuse to obey any lawful coder of the Fin=\1 and rvvrutnw 1ud1=;mpl1t
Ecard or shall conduct himself in sue if disorderly
manner as in disturb or interrupt 1m proceedings, the A decision or resolution is deemed final and executor?
Ecard may order in writing a peace ofEieer,l"so]dier to if, in case of a di1.rlslo11 ruling, no motion for
take such person into custody until adjournment of neoonslderation is flied within the neglementaryr
the meeting. In the absence of any peace officer, any period, or in eases of rulings of the Commission on
other competent and able person deputized be the bona, no restraining order is issued be the Supreme
Board in writing, may' execute such order. l"E'DMELEE' Court within Five days from receipt of the deelsion or
Resolution 3848, Sec 1?} nesolutlon. [2013 confuse Rules of Procedure, Huts
23, Sir. 8 as amended by EDHELEC Solution Ho.
55231
111"nun=:11 fm" -'li<rl1'1= tiffi-:arinn
-I _ 1. And." person who has been declared by competent

aulj:\o1'itlr insane or incompetent, or has been
A verllied pe'l'itils11 seeking la deny due euurse m a sentenced by final iudginent for subversion,
certificate of
candidacy may he filed by any person 1nsILLrrectl-on, rebellion, Br for any offense for
which he has been sentenced to a penalljr of more
exdusiuely on the ground that material
than 18 months or for a crime invohrlng moral
represenlatlnn contained therein 33 required is false.
turpitude [SEE Soc. 12] :
The petltinn may be Bled nut later than 25 days from
the time affiling of the EDC, and shall be decided, after
209
xn. ELECZTICJH LAW
2. Any candidate who, in aelicnl DI prntestln which 5. Euhmlsslnn nfremmmendnlian to Cnmmlsslnr:r EH
he is a pa]-t!,", is declared bi' Final decision guilty of Hun: - The Law Department shall terminate the
or En und by CDM ELEC of having: preliminary itwestlgatlan within 30 days from
reeelpt of the referral and shall submit IM study,
3. Elven money at other ma te ri a l report and neeummendatlrsn to the CnmnUsslun
consideration to influence, induce or corrupt an ham: 'lnrllilln five days hum the elnnelusinn of
th e 1.roters of public officials performing the prellminarj.-' lnvestigatlnn. If in makes a prima
electoral functions; faele finding of guilt, lt shall submit with such
b. Committed acts of terrorism to enhance his study the Information for filing 'w:llJ:l the
candidaq,-'; appmp rate court.
Spent in his election campaign an amount in
excess of the aLlowed : Rpm~prlv +I T\ptilifm in r diwI1aHFrHHnn ii
d. Solir:itetL received or made any contribution unrcsulwrd in l:lclL'ti4:1n day
prohibited under die Dmnibus Election
Code; and The petitioner may File 3 motion with the dlirislnn DT
E. liflolated any of Sections ao, as, 85, se and Edmmissidn en Hun: where the ease is pending, to
281, paragraphs ii, e, k, v, and cc, suspend the pror:]am.a1:ll::n of the candidate mneerned.
subparagraph IS. (EEE Ser; 68] provided that the euldenee Em' the g;rdunds m
disqualiEjl.r is strung, For this purpose, at least three
3. Any person who is a permanent resident of ar an days prlnr to any elective n, the Clerk of the
imntlgranl to a foreign country, 1.Ln]ess said Enmmissidn shall prepare a list of pending cases and
person has waived his status as permanent Eu rnlsh all Cnmnrii ssldners en les of said the llsL
resident DT immigrant of a fIJrei.gn country. (EEE,
5ee 6 8 ] If a candidate with an endstlng and pending petlliun to
disqualify is pmelaimed winner, the Eemmlssinn shall
r44JTE= RA 9 2 2 5 expressly prnmrjdes fur the enn1:in1.Le je resolve Me said petlliu n. fmmnee Rules
mnditlans before Moss who me-acquined Filjpjnlrn nfWmedum, Rnrfe 25, See .'i as amended by C88-:FELEC
cllizenship Jnay r u n for a l:+ul:lljl: nfflce in the ResnJ'r.rrien 9523, September 25, 28.I2j'.
Phllippjnes.
Prrflinn in ¢Tpfw -111p -'nurw In nr rarlwl enc ex.
(See e1:1r'{Iler da8l:us5ann an the grounds for
dIsqum'§ticnr{an under Eundfdnqrfura Ioriger l'.l'.1tj
R111 re on di'»2qu¢diI1rati¢m ralp'i
1. Eamp{l:untJE'fed before -eiectlnn - The Commission Easy: : ..| statlrm-l2I1t I.IJ: Prlrmislzd D1; '9 .2 4
shall determine whether the acts explained of a malerlal DEE, or Sec. 4-11 l:ll't_he LGI:
have in Fact been committed. If so, We CDMELEE reprvesentadon in Um
she]] order the disqualiticatlnn of the respondent said cerliflcate Wat i;~
candidate. false.
The person whose A person 1.»~l.'£... :.
2. Eampluint nut resahfed before elefntrn - CGIMELEE -l:e]'1'i E-cate

13 canoe]]ed Ur dlsqualiRed under Sec. I5-E3
may mntu prawn nr an mndnn of any of the denied due :nurse undel I s m e r e l y prohibited to
parties wafer the complaint to the Law Sec. T-'8 Is nut treated as 41 anti nue as 3 Cami date.
Department of the Comntlssiu n. candidate at all, as Lf lu
nrvvr filed a ""F'l"".
3. Eampiclint ,Efed .l::r}Ter election :md pmciamndsn of LIupon wl: .l:l L. ha A candidate 1.»1.'l1e |::
winner - The complaint shall be dismissed. been denied due mute: disqualified under See. 15-EI
nr eaneelled under See. can be vaJ.idl3.r s u b s t i t u t e d
NDTE: The complaint shall be Deferred Eur 7E cannot be suhslimted under Sec. T? of the DEE
l:ue]imjnary i m.-'esligatlnn to the Law Department because he is nem-'er because he remains
considered as candidate. candidate um .
4. Complaint fi n d ' r1,I'ter e fe ftl o n but befor? di squal i fi ed.
pmclumalian as' l»wnneJ" - The IL'l:lmplal11t shall be
dismissed.
NDTE: The complaint shall be referred for

preliminary investigation to the Law Department Ernunds for tàilu.1rc of clcrti-uns
If the Law Dleparmlent makes a ,prima jircic
llnding of guilt and the corresponding Falluve of elections may be declared in the fallnwlng
information has Oeen Tiled wid: the trial court, cases:
the complainant may file a petition for
suspension of the proclamation of the 1. The eleetlen in any p1:»]]ing place has not been
respondent. held D11 the d.ate fixed an account of fame
202 1 EDLDEN NIJTES Eli]
PDLITICAL LAW
majeure, violence, terrorism, fraud, or other 1. Yeritied petltlnn by 1. Verlfled petition by

analogous causes, any inlevested any interested persl:m
2. The election in any polling place had been person or man: prop-lpJ!a by
suspended before the hour Fixed by law for Me 2. Due Nutll:e; and EDHELEE en bun:
closing of the voting on account of,r"-orce mojeum, 3. Hearing. 2. Due nrJti1:e; and
v:lolencle, terrorism, fraud, or other analogous 3. Hearing.
causes, and
3. After the voting and during the preparation and
transmission of 'the election returns or canvass As to effects
thereof such election nestlE in falIure to elect on
account of Jan-:e majeure, violence, terrorism, 1. Declaration :of 1. Election is
fraud or analogous causes. (Homage, or. vs. Fallune of e]ecl:lans1 postponed; and
confers; be. No. 134696, :up 3/, 2aaa;r and 2. -Conduct elections
2. Holding of oeasollably -close to
NDTE: There is failure of elections only when the wlll continuation :of elections not held,
of the eleclurate has been muted and cannot be e]ect1l::ns reasonably but not later Stan 30
ascertained. [Eenftn vs E08-fELEC., 8.8. Nu. 134-913. .J'4:m. close to e1Jel:t:'l0n not days h'om cessation
15, 2881] held, but not later -of cause.
than 3-D tlajrs from
P1~l1"i1iIpi *nr 11pf'lar=1hI1n of f==*il"rp of plp*"tifrn1 cessatlan of cause.
The full-nwing requisites must concur: Q: Ted and Barney both ran far the position of
representative of the first district of Northern
1. No voting has taken place in Me preclncm 5amar. Ted won while Barney placed second
concerned on the date Fixed be law, or even If Barney rued an election protest before the HRET
there was voting, the election nonetheless against Ted, alleging terrorism committed by the
resulted in a failure la elect; and supporters -of Ted before, during, and after Me
z. The votes cast would affect the re9u18 of d'Le elections. Barney prayed for Me annulment of
election. Ted's election. Ted argued that I-[RET has no
iurisdietion over the protest on the premise that
Pa~wpr to :1prlalr~p a faillm' -at tl¢~:1'i i n annulment of election returns on the ground of
terrorism is akin to a declaration of faiJure of
The EDHELE-E en £lu::rf1-c has the original and exclusive elections which is under the exclusive jurisdiction
Jurls)dlct:lcln m hear and decide petitions Eur of EDII-IELEE. [s Ted correct?
declaration of failure of electlcm cur for anno]rnenm of
e]ecticln 1'esu]8. l"R_.*1.. FI 58, Sec 4; A: Ni). The power of tlle I-IRET m annul elections
differs from the power granted to the E-GHELEE to
Failure of Elections vs. Pufstuunemcnt of Elections declare failure of elections The Constitution no less,
grams the I-IRET with exclusive jurisdiction to decide
all election contests involving the members of the
House of Representatim-'es. which necessarily includes
AS I0 cause those which raise the issue of fraud, terrorism or
ms' aerlous 1.ILl§E' o f other irregularities eommithed before, during or
after die elections. To deprive the 1-IRET the
a. Force M ajouro prerogative to annul elections would undermine its
h. 'liiiolenoe constitutional flat to decide election eontesm. The
c. Terrorism phrase 'e]elL'tion. returns and qualifications' should he
d. Lass or lcles1:l'ul:tion of election paraphernalia interpreted in its totality as referring to al] matters
e. Differ analogous .""£'"w affecting the validity o f t h e eontestee's tide.
Eonsequendy, the annulment of election result is hut
-111111- -_- a power concomitant to the HRET's constitutional
Ax [LJ DL-finiljon
mandate to determine tlhe validity of the contestee's
Fallune to elect and. Serluus 1mp11ss1bL]l1"g.-' to title. {J4tJo_1.Jon vs H3511 on No. 223032. Moy 3. role;
affect nesulls it have Free and orderly'
ElEl'.'tlDT1$. EIEEUDHS. !1u:1=1u :MuEMMnl'|IJl4|'|:5||=i'|1\'|=|:l.1-
As m when the l8r~nunds must exist
Pre-proclamation controversy refers la any question
Grounds I*I3'5' CICEI.l.ll' ; -. Eruuods must -xlsl
pertaining to or affecting the proceedings of the EDC,
time bEi€J14 befurevnting.
which may be raised he any candidate Dr he any
proclamation.
registered political party or coalition of political
_AS m Pl'[IDE'lllll'E _ parties, ar by any accredltcd and participating party
list group, before the Board or directly' with the
COMELEC. n:'omE:.1=.'c Resolution No. 8804, Rufe 3, Sac.
1]
211
xn. ELECZTICJH LAW
Eurnnsn h. Queslljans affecting the vunlpnsitlun nr

prnneedlngs of the EMC ICDMELEC Res No.
To ascertain winners in ItJ1e elections in basis of 8804, March 22, 201 rJ,RuJ'e 3'.3er_ 11; and
electlan relums dLLlj.r au1;henliL'ated Br the board of
inspectors and admitted by the BDC {AheHI:l! vi NDTE: However, this dues nut preclude the
I.arJ"0z.l:rhl:l{1 ER. No. 8'??2I-38, Da4:'emher2I, 1989] authnrlly of the appropriate ears asslng
bndjr, mntu pmprin 'DT upon written
Q: Sao was an official candidate for Municipal -ndn1p]aint of an interested person, to enrreet
Mayor. Que ran for the same posilioo. Sao alleged manifest errors in the eerdEeate of r:an1.-'ass
to have witnessed an anomalous activity Mat or eleetidn before IL (RA 5369, Se-l:'. 38]
affected the integrity of several election returns
-[ER]. During Me canvassing Sad sought fer the Determination of the aulhent1r:ltl.r and due
exclusion of the contested ERs on the grounds of exe1:u1:inn of eertiflcales of cam-'ass as
massive fraud, illegal proceedings, provided in See. :ID of RA. 'F1i56. as amended
tanipered,-"fa.lsilied and ob'.riousl].r manufactured bf.' RA 9315'EI'.
returns. He alleged that die ora] objections were
timely made, and die 'written petition for Petition 2. Hn pre-proclamation cases ave allowed in case of
Ior Exclusion was El-ed with the lvluoieipal Board bumngny election. (RA. 5679, Sec. 9_1
of Eanvassers moot). Were the allegations raised
be Sao on the contested ERs proper in a pre- la'-:ur"i the* :nav to rafir-:1 [1996 BAR1
proclamatio n oontroversyf?
1. Illegal eumpssitlsn at proceedings of the board
A: ND. The unsubstantiated issues raised by Sao were cnfeiectlan canvassers,
not proper for a pre-proclamation controversy. Ple- 2. Eanvassed eiectlun returns are either:
'P|'DC]3T1Z`l3IlDT1 controversy is summary in character 3. Incomplete;
which must he pnontptly decided. Hence, the BD-E will b. Co n t a in material d e f e c t ;
not irwestlgjate allegations of irregularity that are not :_ A p p e a r t o be t a m p e r e d with at falsified; or
apparent an the face of ERs that appear otherwise d- Contain discrepancies in the same ret urns
authentic and duly accomplished. The Court found Ur in authentic copies;
that there is absolutely no indication that due
contested ERs were falsified or tampered with. Claims 3. The electlnn t'etLLrns were:
that contested ERs are ol:ll1.rloLLsly manufactured or 3. Prepared under duress, t.hveal3. CDEl'*'EiD]1,
falsified must he evident From the face of the said lmzlmidaliun; or
doounlenL~1 As such, there was no valid ground to IJ. Gbvlnusly manufactured ar not authentic,
delay the proclamation, since t.l'Le unsubstantiated
issued raised by Sao were not proper for a pre- 4. Substltuted or fraudulent ret'LLrns in -l:nn1:rn1.Ierte:l
proclamation controversy. (See vs. courted on No. pulling l:lla1:es were ears asked, the resu]13 of
182221. Fehnuory 2, zero; which materially affected the standing of the
agg:l'ie'ued eandidate[s], nr
lulrisdictilrn
5. Manifest errors in the CertlNeates of Canvas: or
Election Returns. {R.*L Free, Ser. 15, E:l'1mfez vi
EDMELEE has exclusive Juriodictlon over pre- EUMELEQ ER ND. 162992 .4r.r,g'ust3I, 2884-.II
proclamation cases. It may order, matt: proprin DT
upon written petition, and after due notice and
NUTE: The enumeration 15 restrlelive and exclusive.
hearing the partial or total suspension of the l"3Lrhun` IE. mn-me.-':c, as. Na. 181869, Or:tehef'2, 2l5ll5l5lj
proclamation of any candidate-elect or annul partially
or totaiij.-' any proclamation, ir one has been made, as
l'~v-:uri the* rannnt ht r=1i1p:1
the evidence shall warrant (DEE Ser: 2 4 2 i
1. Appreciation dfballois, as this is performed by
Nature and EXEEll'l:i.DIl ufiudgment
the BEI at the pneclrlcl level and is not part of the
proceedings of the EMC (Sanchez US. EDMELEE,
[t shall be heard summarily is the EDMELEE. In
ER .l"l*'o. 178461 August 12, 19891;
decision shall be exer:LLtor]..f after five days from
receipt b y 'Lhe losing party, unless otherwise ordered. z. Technical examination of the signatures and
thumb marks of voters Hfiotolnm vs. coafstsc
Wtirn a prefumclamaniun cnntm1¢':rsj|ll nut ER Ha 123234 Apps 11; I999:
1ll1 rrwpfl finns MP1 3. Prayer for Ne-opening of ballot boxes fnrereu vs
EUMELEC G.R Na Il':J'?E4?1j'un'E2, 19941;
1. Fur the pesitlnns of President, Vlre Presldenl, 4. That the padding of the List of Voters may
5'»e]1at-1r and Member of House of Representatives constitute fraud, or that the BEI may have
(RA. J7I66,.'§-'srl 151, and fraudulently conspired in lls preparation; 1.role-
buying and terro1'is:rn fbftnrtolum us comstsc,
Xpns= ER No. 84843-44, fnmnory 22, 1990);
a Cnrreclinn nfmanifest errors;
PDLITICAL LAW
5. Chalienges directed against the BEI {LFtutaJ'um us. candidate is about be be, or has already been
comets; ER. Nu. 84843-44, January 22, prnclalnled an the basis tbereai
I9991; and
IS. FraILLd, terrorism and other illegal eieenurai The EGMELEE is required m hear the iiefitlan
praetlees. These are pre-pe1']y within the eliiee of immediately and the ballots may be arcl-I:-Iel:l m be
eleetiun enntesls over which electoral tribunals manually recounted to verify the manifest errors nr
sale, exclusive Juristlietjnn. [Leung
h.a1.re us. alleged variance.
CSMFLEE, ER. Na 53986, DlecemtJer 22, 1992]
NDTE: The lolling of a petlliun to annul Ur suspend the
E l"fpft of filing cri pro-prlWamalicrn I*untrnvpr'a,'¢ pralzlamalinn shall suspend the running of the l:le]'i4:»d
wimp which to tile an election priest 'DT qua
1. The Perl-od to file an election contest shall be l-1-"0 f`J"l'J'.l']tU' rjrgctgdjngg.
sILLspended during the pendency of dte pre-
proclamation contest in t:he EDMELEC DT the
Supreme 'ED url;
_Ì*1"tW1III'f|i1|*l1*1-
Z. The right of the pre1.-'ailjng party in the pre- Post-flu:-1:1:lun disputes
proclamation contest to the execution of
EOMELEE's decision does not bar the losing parch."
These are disputes which arise DI' are instituted after
from filing an e]ect:lon contest; and proclamation of 'winning candidates and which issues
3. Despite the pendency of a pre-proclamation pertain to the casting and counting of 'notes [election
contest, the EDMELEE may order the protest], or to the ellglhiluy or dlslo1.ra]t1.-' of me
proclamation of other winning candidates whose filming candidates [sun wormn tnj.
election will not Oe affected by the outcome of the
con1:l'o1.-'ers.l.r.
Nature and purpose of an elecljml mntcst
Tplrrllinafinn ufprr-prnrlamali in l"=r-:H It is a speelal summary prueeedlng the abject 0E which

is to expedite the settlement of connuversies between
ER: Pre-proclamation cases 3.l'*E terminated at 1:he
candidates as to who reeelved Me majnriqr of Iega]
beginning of term of the nRi1:ers. (so. ?I6l5. See 16J} votes
XPHS: NDTE: Statutes providing Fur election contests are tb

be liberally cbnstrued to the end that the will bf the
1. When based un evldenr:e. CGIMELEE determines
people in the chcii-ce bi public -officers maj; nut be
that l:le1:itll:m 13 merltnrinus; defeated by mere technical ebjectlclns. It is lrnperatlve
z. The so i n a petitlun for certfumri issues a that his claim be lmmedlatelyr cleaned not only far the
mntrarj'f order, DT benefit bf the winner but Eur Lhe sake bf public
3. The ease is nut 3 pre-proe]ama1:1l:m ease.
interest, which can -1ni3-' be achieved by brushing aside
{PeEFI:l,H4:rr1'da url CQMELEE 8.8. Nu. 125950,
technicalities of plucedune which protract and delay
November I& I95l:?j the trial of an ordinary action. {W]l*:lg:1 us can-Issac,
ER. Nu. 154141 EI'ct4:rtl»er4, 2811]
Q: Is the EDI-'IELEE precluded from nuerrising
l1-nwnrs nvrr 'PTE prurlamaljun cnntmvfrsins
Whnrn flfvtinn prfltp'ir*¢ ran hr filrrl
when the Elertorai Tribunal acquires jurisdiction?
1. C88-:FELEE - The sole judge of all -enntesis relating
A: ER: vis CGMELEE is ptwecluded from exercising to eleetlans, returns, and qualifieatlans of all
pavers over pre-pruclamatiam cuntrl::l1.-'Ersles when
elective regll::»naL p1'cl1.rinelal and elly aflidals
812 Elects re] Trlbunal ar:q uires jurisdiction.
{re1.rlewable by se under Rule 64 using Rule El5];
XPH5:
HDTE: Der:1§ans of CDMELEC en hanr are
1. BDE was improperly constituted; ap scalable to SE [2 DD1 EAR]
2. Proclamation was null and void,
3. Quo worronto is not the proper remedy;
2. Presidential' Eiecmrai 'i"r1'hr.rnai [PET] - Against
4. W h a t w a s filed w a s a petllion to a n n u l a the President and 'Jice President,
proclamation, and not a quo worra'nto or election 3. ser- Against a senator,
protest; and
4. HRET-Against 3 cepresenlative;
5. Election contest expressly made without
5. RTC - [Iver mntesls fm' municipal nfEcials which
prejudice to pre-proclamation controversy or II
may be appealed to CCIHELEE; and
was made of coutcfom.
6. Me TE DI' MTE - Fm' barangay nfticials which may
be appealed to CEI MELEL
Ppl'irirrll re =mf\111 nr '-1I11l11'nl:lthp prnrlamalinn
firnunih for r*1p Wing of -rip-crinn prntplI'-1 [F-'Jn-T-
It is a remedy where Lhere is a manifest error on the
Pu:-lVl-l1|1-D-D1
Face of the lransrnitted returns Ur variance oF results
from the election returns and enc, and 3 winning 1. Fraud ;
2. 'Enter-buying;
213
xn. ELECZTICJH LAW
3. TE]']'lIITi$lf\'l, 1. That public interest is involved DT the will of the
4. Presence nfflying voters; electorate,
5. Misreading D r mishap precialinn of LaaIln& 2. The shortness of the remaining portion tif the
6. Disfenfranizhisement it' voters, term of'L'.he contested office, or
T. Un q u a l i fi e d members of boar d ufe]e-l:1:1l::ln 3. The length of time that the election contest has
inspector: and been pending. (Ramos vs. EOMFLEE ER No.
8. Ether eleetlnn irregularidea 13033/ February 10, 1953;
HOTE: Pendency of election pmlest is nut a sufticlenl NOTE: If instead of issuing a preliminary injunction [rl
basis to enjni n 812 prntestee from assuming ::lfflr:r.\. place of a TRD, a court op13 to decide the case on its
merit! with the result that it also eniolns the same
CnnIp1'1t of an tl¢~:1'fnn lmrntlwt anus coveted by its TRGL lt stands to reason that the
decision amounts to a grant of pi'eliminar],r injunction
I t m u s t be initiated by filing a protest t h at m u st Such injunction should be deemed in [once pending
contain the fl:»]1-owing allegatlrms: an1.r appeal from the decision. The view that execution
pending appeal should still continue notwithstanding
1. The protestant is a eandldate who duly filed a a decision of the higher court enjoining such
cm; and was voted for in the election; execution-does not make sense. It will render quite
2. The protester has been proclaimed, and inutile tlle proceedings before sum court feunrrnn vs
3. The petition was filed within ID days after the confetti; do. Ho. 184236, February 245, to: o]
proclamation. [Miro up EEFMELELZ ER No. I.-
5F5?4, Apni39. I98; EMI pip»:p4 Ni rlrl'rTpllrp in an plpr'tiull l'¢1ur¢"=at
Effect if the prelnestant aeeeplx a permanent 1. Ballots are the best and must r:nnr:ILlsl1.re evidence
apr+ni1'11'rt\~pf1'f in an election contest where the edrneetness of
the number nfuntes nfeaeh candidate is ln1.rdl'ued
Acceptance of a permanent appointment to a regular [Hans Rejl.-'es vs mnetee ER. No. lsrenzfn
office during the pendency of his pretest is an Fehrumj.-' ;'8. 200?}; and
abandonment of the eleeooral protest The same is 2. Election returns are the best evldenee when the
true ir a protestant voluntarily sought election to an Hal]-als are ]-net, destml.red. tampered or fake.
office whose term would extend he).-'ond the expiijr
date of the term of the contested ofiiee, and after pi-hr m will1='llraw
winning the said election, took her oath and assumed
office and there a.fter continuo1.l.'sl1.r serves it The A protestant has the right to withdraw his protest DT
reason for this is that the dlsl:nlssal of the protest drop polling plates from his protest The protestee, in
would serve public interest as it would dissipate the such eases, has no cause to eompiain because the
aura of uncertainty as to the result of the presidential withdrawal is the exclusive prerogative of the
electlon, tlteoebyr enhancing the all-to crucial political protestant.
mulliqf of the nation during this period of natlonal
recovery. ,['.Si:mtlogo vs Ramos, F.E.T Cost No 00.1, ,I:1I1!¢!M:£l~'1fll_
Febmory /3, 1556;
IPIW wnrmrlm prnrrrd lu Inr an pi m't1'w nffirr~
In assomlng d'Le of floe of Senator, one has efFet'tI1.rell,f
abandoned DT w it h d raw n Mls protest. Such
Que wnntrnte refers to an eleetl-nn :unrest relating to
abandonment or withdrawal operates to render moot the qlualiiicatiuns of an elective uncial an the g;mun.d
the instant protest; Moreover, the dlsrnlssal of this
Ni [1] ineligibijity or [2] dislnjrajty to the Republic
protest would serve publle interest as lt would
Ni the Philippines. The issue is whether respondent
dissipate the aura of unr:ertajnt'j.-' as to the results of
possesses all the qualilicalinns and none of the
the election. [Legordo vs De Castro, FET case no. 003,
disqua]1Eeatlans prescribed be* law. {.4.l-f. Hn. EJ':?-4-I5-
JIonuorjr IS, 2008]
sc: May /5, 2099;
Requisites Ie-r an execution pending appeal in

elpeljpn pretest eases
1. II must be L1l:"4:ln mntlcm by the prevailing party
2.
with notice m the adverse party;
There must be "good reasons' for the said
Appmpriatc
el ector al
l | Congressman-e]ectu Eenatar - e]ect
Pnesldent-elect and 'FP-elect
exelL'LLlinn,and
t r i buna l s
3. The order granting the said exeeutlen must state
c r e a t e d b _',r Me
the gndd reasons. fhfauumsu vs. cesreeec ER.
E1:llns1:l1u1:l1Jn
No. 159959. September 18. 2883]
Rcgia nal, l:l1'll:lvlm:lal a r :its l:IM1:ials
'liunrl rpaln no' CCIMELEE
A mm binatlcm of two or more 0E the following:
PDLITICAL LAW
Municlpa] nfliclals and barangay A: ND. The Erfurt has ln1.-'ariably' held that once a
aM:ials winning candidate has been preeialrned, taken his
MTE3 NaM, and assumed e-Etiele as a Member of the Hon, the
[L1Jl'~'IELEC's iurisdietl an mer eleetjen CEI ntests relating
la his election, returns, and qua]lflr:atill:lns ends, and
the HRET'suwn iurlsdietldn begins. Here, Jeninah, the
E1PPHM lllrntp'=ar or. Dun wlfrrr-1mm r'a'ap uru:llp1" tt\p
winning candidate eanne-t be eldnsldered a Member of
nE.r. [IDD1 Inna BAR]
the HDR because, primari]3.-', he has not yet assumed
dffiee. Tb repeat what has ear]:ier been said, the term
of dffiee at a Member of the HGH begins bnljr "at Tl.D[ITII.
on the 3.l]th da3.r of Lune next fellnwlng their eleetiun'
By .I 11L.l:c1111!. n .Ill u '.IIi I. Thus, until such t ime , the EDMELEIE re t a in s
candidate fur the ;eglstered voter in
iurisdietibn. (Reyes vs CDMELEEQ, ER. No. 2'El*?26-4, inrne
Who same nfflce fur the cnnstltuenqf
25, 2813]
may wblch tb! Winner where the winning
life fi]adbi5CDC. candidate so1-l.g]1l m
be disqualjfie-d ran fur XIII. LGCAL nnvsnmu-1EnT5
offlcrr.
ia-'nu received Un: Whether iggie I II
niajnriq." or pluraliijr candidate who was r L
|
|. In 4
of the votes which zuruclaimed and

were legally cast? Llected s h o u l d h e
Autnnnmalls Regions
Issue disqualified because
_,is WhetJ'LeJ' there w e r e of ineligibility nr
Ptuylnces, l:llies. munl:1pali1:1es, and gengraphica]
irvegularltles in the disluyalq la- the
areas sharing 1:omm0n and dlslinctive hlslnrica] and
c'cmduct of 'lbe Philippines.
cultural hnrllage, ecnnumlr: and 90:13] structures, and
election 'l.»'d'rlch
other relevant characterlsticx (Sen I5. ArL X, 151E?
affected i n r e su l ts.
Eur:tituLIun}
E f[pft M filing an flvfrrinn pmt-Ht nr a 11p*i*i1r1n in: Alltnflnmnua rvaffrn i'-I a form of 1gr":IT :mvprflmtnt
qua warrm l tu
The 1nr:]1.lsion of autonomous regions in 1:he
Generally, it bars the subsequent filing of a pre- enumeration of political subdiWslono of the Slate
proclamation t'on1:l'oversl.r or a petition to anno] u n d e r the heading "Local Government' lnditates quite
proclamation. It also amounts to the abandonment of clearly Wie constitutional intent to consider
one med earlier, thus, depriving the EDMELEC of the autonomous r e g i o n s a s one of the forms of Ioea]
authority to i11q1.Llre into and pass upon the tide of the governments. (Hide l.-'sL Senate, on Ho. 1 M391,
protestee or the 1.ra]iditg,r of his proclamation. Grice the F e b r u a r y 28. 2813]
competent tribunal has acquired JuJ'1scllet:l-on o1.rer an
e]ect:lon protest or a petition for quo wurronto, al] E onsti m l i on mandates the lmraltioo of
questions re]at:l1.re 1i\ereto wi]l have to be decided in autonomous regions only Io Muslim Mindanao
the ease itself and not in anoUier proceeding. and r=1rflillpr='i
l"i-*iH'omor1-'s. for-retef, ea. No. 169865, fury 21, 2086]
There shal] be created autonmnnus regions in Muslim
Q: In March 2813, CDI'-'IELEC First Ditrisiuo issued a Mindanao and in the Envclilleras wllhin me
reselutinn cancelling JeninaJ1's CDC no the ground framework of the [Lunst:l1:utinn and the natjana]
that she is net a citizen of Me Philippines because anverelgnqr as we] as terrltnrial integrity of the
of her failure to cnntplgf with tile requirements of Republic of the Phllipplnes. (Sec. 15, Ari; X. 151E?
the Citizenship Retention and Re-acquisitieo Act Eur:tituLIun}
ci 2i]D3. Un April B, 21113, lenioah 1Ii.led an Hn
claiming that she is a natural-burn Filipino citizen, The Congress sh a ll enact an o r g a n i c act f o r each
but it was denied by EGHELEC un Maj' 14 Tor Lack autonomous r e g i o n . The organic a c l shall O e iin e the
of merit and declared it final and exeeutcry. basic structure of government for the r e g i o n
jeninah, Ihuwever, was per-nclaimed Me winner of c o n s i s t i n g of the executive department and legislative
the May 2D13 elections, and tack her natli of aflice a s s e mb ly , both of which shall be elective and
hut is yet to assume aflice an ]one 30, 2813. representative of the constituent political units. The
jeoinah contends that CDHELEC Inst iurisdicticn organic acts shall likewise provide for special c o u r t s
pursuant m Sec. LT, Art 6 of tile war Cnnstittltinn with personaL fami]1.r. and p1'opertg,r law Jurisdiction
which states that I-[RET has the e x c lu s ii-'e consistent with the proWslons of this [Lo nstitILLtion and
jurisdietien to be Ire "sale judge of all enntesls national laws. (Sec. 18. Art X. I98? t`.'onsntvt!'on}'
relating to the elect-un, returns and
qualifications" of the Members ii the HDR. is the MUTE: As -of IfllII'w' [2l]19], there is rJ11l].r one
contention of]eninaLh correct? 3.Lll:D:l'll'Jll1'l]l]5 reglcm evealed -- the Aull:ml::ml:lus Reg jar
i n Muslim Mi11danal:l [ARM]'vI]. Several a t t e l n p m have
215
XIIL LDCAL GDVERNMEHTS
been made in the Eordilleras to create an autonomous Within 1T3 te1'1'ito-rial iurisdlelion and suhiect to Me
region but has mpeatodljf' Ealled. prom-'lslons of this Constitution and national laws, due
organle all of autonomous regions shall provide for
The sole province -of ItLiao cannot validly and legally legislative powers over:
oonstltute the Cordillera Autonomous Region. Arlicle
II, Sections 1 and 2 of RA. eras provides that 1. Admlnlstratl1.re organization ;
Cordillera Autonomous Recon is to be administered 2. Creation of so urces of re'uenues;
by the Cordillera government consisting of the 3. Ancestral domain and natural resources;
Regional Government and local government unit. It 4. Personal, famil1.f. and p roperty relations;
can Oe gleaned that Congress never intended that a 5. Regional urban and rural planning development;
single pro'vlnce may constitute the autonomous 15. Economlc, soelal. and tourism development;
region. Gltherwlse, we would be faced with the absurd '.7. Educational policies;
situation of ha'vi fig two see of officials, a set of 8. Pres»er'uation and development of the cultural
provincial oMcials and another set of regional officials heritage; and
exercising their executive and legislative powers over q. Such other matters as may be autho rlzed be law
exactly the same small area l'Oro'iHo vi CO!-1tELEILT, is. for the promotion of the general welfare of tlle
No. 93054, December 4. I 998] people of the region. ,l'5'-sc 28, Art X I98?
Eoostitutionul
Urrlauil' Law [nr the Baniwlmfrrrr éunnnnnmnni
Fpi'iI1n in M\111im r-\mf1.= Nan [F A 11 IJ141 Local 1:-nlicc rcspmlsihllr for ncaa: and urdu but
MEMRI i"1vr~r1'm1fl1r rrlftnf1~'»ih1 p [nr re plll't1~'»p =mfl
RA Rio. 11054 abollslied ARMM and placed instead
srrllrilld
the Bangsanioro Autonomous Region in Huslim
Mindanao [8ARI~'IIv'[]. It also created the Bangsamoro The preservation of peace and order wllhln the
Government which has exclusive 'powers over some regions shall be d'Le nesponslblllty of the local p-olioe
matters including budgeting, administration of justice, agencies which shall be organized, maintained,
agriculture, disaster risk reduction and management, supervised, and utilized in accordance with appllcahle
ancestral domains, human rights, local government laws The defense and sec\l.Lrity' of the regions she]] he
unlls, public works, social services, tourism, and trade the responsibllitj,-' of the National Government. l"Sec
and indus'tr]lr. 21, Art. J8'. war {.'onsLiturion_]
111 relation to the National Go1.ro1']1tnont, Section 1, _:I Jllnihh 1l':l:fI1 rlJIll'l15l'_
Artli:]e '-.f of RA. No. 11054 states that "all powers,
functilons, and nesponslbllities not granted by the
Eonstllutlon or by national law to the Bangsamoro inorrnr
Go1.re]']1n1ent shall be vested in the National
It is :me Utat is created by the Stale, ellj'ler by general
Go1.reJ'11n1enL'
-nr special act, fur purpose of administration of local
government nr rendering senriee for public interest
Also, Seetzlan 1, Article VI theieuf provides that 'Lhe
President shal] eserelse genera] superirlslun over the
NDTE: The mere fact that a :::rpnra1:1l::n has been
EEHESHJHDTD Government ID ensure that laws are
cvealed by a speflal law dues na-t necessa rlljf ql.LallE3-' it
faith Eullj,f executed. The President may suspend the
as 3 public cnrp::1'atinn. [PhiJ'fppine Society liar the
Chief Minister far a period not esereeding six [El]
Prevents-nn of Emerge to Animals US. 0nmml.0'!nn in
mmittis for willful 1.rld]at:l-dn of the El:mstitutirJn.
Jludit, ER NEI. 169752, September 25, 2:1eF;
11atirJJ1a l laws, or this Girganie Law.
Un the aspect oF intergovernmental relatlona. an

intergovernmental relations body was created to
ooordlnate and resolve issues an intergovernmental
relations Through regular 1:onsu]tation and oondnujng
linwprnmpnt-Dwnrcl nr 'L`nntrnllpd Fnrpnrarinni
negotiation in a non-adversarial manner. [Gm:1:s1
Prp*¢i-'lfnt flfplrrilp'=a +1pnpr=lT *rupvrviiinn notes refers to any agenqr organized as a stock DT
nonstock corporation, vested wlth2 tunctlons relating
The President shall] exercise genera] superurlslon ever to public needs whether gD'llI'El"[l:ITlE'lflT8.l or proprietary
autonomous regions III ensure that the laws are in nature, and owned be the Gouremnient of the
faith E1.Lllj,f executed. {'See 16, Art X, 198? Eonstitu Lion] Republic of Me Philippines directly through its
Instrumental lties either wholly or, where applicable
as in the case of9ock corporations, to die extent of' at
2212111115 least 51% of its capital stock. [Section 2{I3.J. E.irecutlue
Eluder tlfo. 2921
All powers, ELLnL'tlm1s, and respnnslbllitles nut granted
by the -Ennslitmltlnn DT bi' law to the 3.Lll:DTlD]llflDLl§ Public cnrpnratinos vs. EDEC;
regions shall be vested in Me Natlnnal Gn1.feJ']1ntenL
[Sen 1?,A.rt pa I98? Ennstitu tiunj
PDLITICAL LAW
_J'l1=l=ll rIJlilllJL'_
By He: 5L.1.tl:, Eij,- C|:>11g."';5§ -at lay
relalinnsh lp to the
govern rent DT
1.-'l.l"ha creates nailer bl.* genera] lllD'l]l'IJCIT3lDT§ any of HE
act DI' special act departments DT
8J," legislation By special Qffices. (Buy
charters specific Scouts of the
Hn so'
to each EDEC cu PFuJ'1ppines v. ERA,
created
under the -l'I.8. ]'?.'F"/8'1, time
ElcupcratlcJ1 Ecudc F, 201/1
Furnuzd and
IJrga11i2.ed Em' du:
gn1.rernnlent 'Ulf a
pardon of the
[Ju-']148d by
gn1.re1']1ment
directly
1j'Lr::lu8]1
the
nr
HE
.Lu I.111 l'il HJlfll5l*l'Ilil:llMilll.ll':l'=fIl':l=\lhl»'1 .
E-lwn e r s hl p State instrumentalities
ehiier whchl].1,"r n r Quasi-cu]'pm'atil:ms are prl1.-'ate lIll"]]DT3lj.D]1§ that
the extent of at render public service, supply public want and pursue
least 51% of ill other exemplary objectives. The fact that a private
capital stack ccirpuratlcin is impressed with public interest dues nut
Political Drganized either
make the entity a public cnrpciraticm.
subdiWslonfz of as seek DI 11-an
the Slate which muck The true crllerlon wbeljaer a eorporatlon is public or
possess mrp-nrad0ns private is found in the totality of the relation of the
substantial corporate to the Slate. It is public ifll is created by the
control over their Vested by law latter's own agency or 1 nsl:rLLn\enta]lty, oLl'Lelrwlse, it is
nmyn affairs with a legal private. {FNlfipp-ine Society .for the Prevention of
personality Errrelny m Animals vs. Commission on Ar.rl:llI, GR. Ho.
They are separate and 165r52, September Z i E M F ]
Hamm and autonomous in distinct from
Status U1e sense that 1:l'L::se acting for HDTE: Water dlstricls are not reall}l.r corporations.
lj'Le],r are given and, in ljleil They have no incorporators, stockholders, or
more powers, behalf, and, in members, who have the right to rate for directors,
authorlly, general, from the amend the articles of lncorpocatjon ar hy-.laws pass
responslbi lines, PE1JIIllE resolution, or otherwise perform such other acts as
and resources. mmprislng it are authorized to stockholders or members of
l'.4J'u'orez u. [MIAA I-l'. l:4, GR. corporations be Use -Eorporatlon Code. [Median Pl-'aber
E]'ufn,g'ono. or, ER. No. 155650 July Eonsumers Ass'o»da'tiansI. Inc vs MC as No. Fzsaig
No. 118383, 2920061 September SL 19911
,fonz 31, /9961
Formed and Perfurmanee Elf
organized Eur Iilnelzl-ans relating
Purpose
purposes
admlnistradan of
of to public needs
whether
_H1 BI l'1ll,l1 :lim_
U12 Inca] governmental DI 1. Legal creation or Incorporation
gnvernnie]it and Pl'DII]l"lEI:EJ']II' in 2. Corporate name Br whleh artificial 'personality at
E4:l:r the greater nature legal entitj.r is known and which all corporation
grind and 1.»vl:]farn acts are dl] ne
Public 1. must b I: 3. Inhabitants oonstltutlng the population who are
E'l]l'l]4][".3'lj1]lfl§ are established Eur invested with the political and corporate powers
not subject to the do l."l]H'llf\'lCI:l'1 which are executed t'f'Lrough duly oonstltuterrl
tests of nvmership good; and officers and agents
Ell" control and 4. Place or territory within which Wie local cl1.rll
emnnmic Z. must meet the government and corporate functions are
ulabi]lt _I,f. I'S! of economic exercised. (Martin, Pub. Corp., 15IFIj'
vlabi11l3.r H933
They are subject Constitution, Arr.
lf.'nnd'fLFI:lr1s in a different xi Sec. I6,1
l:'rlterla relating to Two -fold character of a municipal carp-nra1:ll:rn
their public
purposes DJ 1. Government - 818 m1.Lnlr:ip.al carl:ul:lra'rlan is an
interests DJ agent of the Slate fm' Me gl:l1.-'ernment of the
l:cl-ns1:ltut:lanaI terrlmry and the 1 n]1ahitan13 wllhln the municipal
pullcies and 11m1E. The municipal mrpnraliun Encrrdses by
utajeetjves and delegation a partaf the savetweignqr of the State.
their
admlnistratzhre
21?
2. Private - the municlpa] corporation acts in a z. Comment to be made by the city council
sin1i]ar category as 3 business corporation 3. Compliance wid'L Use indicators. namely: income,
performing functions not so'1ctIJ.f government DT l: lopI LLlat lcln. and ] and 3. 1Z'*E3
polltica]. The municipal corporation stands for Me 4. 5p0 worship or law to be in the halls of Congress
colnrnunitjr in the administration of Inca] atTains 5. Comment from Land Management Bureau,
which is who]ly beyond the sphere of the publlr: Department of Finance, and Philippine E t a t j st l cs
purposes f o r which 113 governmental powers a r e Authorlqr
conferred. 15. Conduct of a plebiscite to be done 1zo :lays from
the creation of the LGU
Eleclio n ofofflcers
8. Dath talLl fig of all winning candidates
Created as dll £'l. Duuy pnijllr:
agency of the and G'l]l'PDl'8tE' Indicators
Stare for a Identity endowed
As m narrow and '»'.-1111 powers m 1. [noome - It must be sulliclent based an
nature limited purpose he ucercised by lt acceptable §3ndards, to protrlde for all esse ntial
:J Qnnfnrmity government Eacllitles and ser1.rlces and special
ith law functions commensurate with the size of its
Has no pcl'srJllal Has lua populatioll. as expected of the LGU concerned.
Ur prlwine funcntit'|S: 2. Population - It shall be determined as the natal
interests to 'be number of inhabltanls within the territorial
subnewtd, but LS 1. Public ul iurisd iclion of the LGU concerned.
simply required gov e rnme nta l _
3. Land Area . It must be con1:iguoLI.s. unless lt
by Me Stare m on by acting as an comprises of two or mere islands or is separated
some public lgentnf the $1308 by an LGU independent of the other property
wl::1'k lair iII!
identlhed be metes and bounds with technical
l'l'l'nr:r4:'r.rrr'a'n,'.;l' ggy gr nm gnt g[
descrlp1:i-ons and sufficient to pro1.rlde for such
Opfnfmi q,='..l¢4-¢.ft§ .he territory and basic selrvioes and facilities to meet 'Llle
Fejfcfunn in .IE inhabitants requlremen3 of its populace.
Funrnniffa H.
MaJ'I4:l'man. EH. 2. Private [II
.H-DS. L-55963 a p n:lp1'ietarj.r - 'be
is M
611145, Fehmary acting as an agent
,'i.'n-:Linn
23 199/) cifdae cmnmunitji'
i11 the Prmrinrc 25]
adminisuadun it
Inca] affairs. As HUC Ian
~ , It acts as a 100 .
Q3T3 enNis *cc-Eu
fur 13 own
purws3, and nM
a subdivision ul
Munici-
P3|i'f3'
m
the WM (Ham
Lidnmn v.
Barangay I Inu 2
CENELEC ER tulllgmul
`-'n L 25039, territory
.-irtnbw35, I M T ]
*HUC - Highly Urbanlzed [1ltJ.r: cc - Enmpnnentiity
I l 11 | 1
1.11-Lu
.|.
IL 'l I I I I l, l NDTE: Enmpllanne wllh the Enregning indicators shall
be attested by the Department of Finance, Nad-una]
I
A local government unit may be created, d11.rldeCL Etalistifs Eiffiee, and I..a11d Management Eureau of the
merged abolished or is boundaries substantially DENR.
altered either by law enacted be Congress in the case
of a province, -cit'j."r municipality or any other political EJ.ILCS
subdivision of or by ordinance passed b y d i e
Songguni-orig Ponioiawigan or Sangguniong The Congress may not delegate to the President the
Puniungsod eonoerned in the case of a barangay power III create ]lII'II3.l government LLn1T3, because the
located within its territorial j1.Lrisdicllon. subject to power to create local government unite is lodged
such limitations and requirements prescribed in the e:l:c]1.Lsi'uel.}r in Congress. {FeJoez us. Auditor General
Code. {5ectllon 6, loco! Sowmment Code] ER. No. L-23321 De4:'emher24, I9651
RI:-quisit-cs [nr crealjun of Le-cal Government llnils The plebiscite should be mnducbed in the entire unit
and not only in 1j'LE break-away unit {T4:rn vs
1. Petltlon to be filed by res1den13 CCIMELEL1 GR. No. :F"3'I55. July II, I936)
PDLITICAL LAW
The 120-day requirement is emljr permissive and nut fur the perEnl'manee of certain funlL1:lll:lns from the
mandatory because of the pub]l:adnn reqII.drement r:enl:ral gum-'e]']1ment to the LE Us. It has been said th at
insofar as the passage of a law ereatlng a laea] devolution is indispensable to decentralization.
gmrernnrenl unit is -El'JIllCE["lfllEd. [CumMing vs Because of this, there is no question that the law
can-r£L£c. EIR. HD. 1463/9, E-lctoher26, 2U'l5l.II] fa1.-'nzrs devcniutiun. {1'-Mngune us Ei'mita. ER. Ha.
182604, September 29 2816]
There 13 no need m conduct a plebiscite in 3 legislature
be-apportionment because Mere is aL't'l.lalI..l.r nu change Dpfpntrali2-'4rirrn ntarlmini'-rtra Finn
in the nanlenclalure of the LGU {Eqgabr.rya vs.
in-r£L£c, G. R..N-D. I7651 FD, December8. 20081
There is der:en1:ra11zal1on of administration when the
l:entl'al g'l]1.l'E'["IZ\]llflETllt delegates administrative powers
CDMELEC cannot abolish a local government unit
because in this case the "ghost precinct" does not
to political subdivisions in order to Oroaden the base
of government power and in the process make Ioeal
necessarily mean that L: should be abolishedA since it
governments more responsive and inure ateountalole
does not cease to function. It is just that there are no
and ensure their fullest development as self-reliant
inhabitants or voters at pnesem; [Sultan Usmnn
coinrnu nltles and make them more effective partners
Somngonl vs. cometeti on No. 135929, June 26.
in the pursuit of national development and sneial
ZUOI5lj'
progress.
Q: Are the to-ters of a city which used to be a
component city of o province entitled to vote in a Deoentrallzadon of administration is the delegation
plehiseite for Me division of' said province, even of administrative powers ta- the local go1.re1'11n1ent
after the 'rid' has been convented into a highly unit in order to broaden the base of got-'ernntental
urbanized city [H1.IE]li' powers. {I.llmho.r1.::r UL Marlgsiin, E R N o . 80391,
Fehru¢:rry2EI'. 15891
A: HD. Hoes, as conceptualized in IIILII' local
government laws, are essentially cities that have
Deccnirallzaliun ul' power
attained a level of population growth and economic
development wmm the legislature has deemed Dn the other hand, del:entra]lzalinn afpnwer involves
suffl sent for devolution of governmental powers as
abdlcalinn at' pnllliea] l:0wer in fa1.rar of local
self-contained political units. As such, these cities are government unlls declared to be aII.LlaJ1amal.l3. This is
lntellded to function as first-level political and termed as devn.funm. [The Local Enuernment Cade
adnlinlstratlve subdivisions in their own right, on pac
Rew'slted'2-D11 Ed., p. 8, .4.q'ui{i::la Pimer: Lei. fr.J
widi provinces. For oils reason, Article ill, Section 12
of the Constitution provides that "cltles that one highly
urbanized, as determined by law, mc x x shall he Deoenlrallzatjon of power is the abl:1lr:atlon by the
national government of governmental powers.
independent of the province." This constitutionally
filmbono 'L-'. Me::lgotfn. ER. No. 80351, Fehruarj." 29,
mandated independence from provincial unlu is
1989]
enplic:ll;l.=,f declared in Section 29 of the Local
Government Gode and Jnanllesis itself throughout
said code in three fornls: first, exclusion from Ennggrnss in in unnlJ'ul to Lhe Local Government
partial padon in provincial elections, second, d1 rect IlIljL~'i
Presidential supervision over HLICs and t:helr local
chief executives; and third, other special distinctions The ball: reladonshlp between the natlonal
provided in the Code. Hence, it can no longer be legislature and the Ioca.l government units has not
considered as a "political unit directly affected" Br the been enfeebled by the new provisions in the
proposed division of the province; and perloree, die Iilonstitution strengthening the policl.r of local
qualified voters of the Hue are properly excluded autonomy. Without meaning to detract from that
from the coverage of the plelzdsclte. ,roar Rosorlo vs. policy, we here contlrm that Congress retains control
con-rsrsc, o. R. Ho. 24?61 o, MorcN- 2n. 282-tljl. of the local government units although in sign ltlcantlyr
reduced degree now than under our previous
'IIilI»H'IHi=llI=I£ll°Mla*1lilIiH'1-44
| Eonstimtions. The power to create still includes the
power to destroy. The power to grant still includes the
power to withhold or retail. By and large, however,
The principle of local aumnl::m].r essentlalll; means the national legislature is still the principal of the Iota]
de:en1:l'a]lzalill:ll:\. Auto]lnlny is either: government units, which cannot defy to will or
modify or 1.riolate it (Lino u. Pniio, so. Ho. r2sas3.
1. Der:entralizatln]1 of administration; Ur Augwt30, 2081]
z. Der:entralizatln]1 of power.
Dcneotral izatiuo Q: In 2008, the DSWD Iaundied the "Pantawid

Pamijyang Pilipino Program" [4-Ps]. This
Deoentral lzalion is the deuolutlon of natlona!
government intervention scheme 'provides cash
admlnlslratlon, not power, to local government. Une grant m extreme peer bouseholds to allow the
form of decenwalizadon is devolution, which involves members of Me Iamijies to meet -certain human
812 transfer of powers, nesoo]lsibllitv. and resources development goals." A Memorandum of
219
Agra-ement executed her the DSWD with each agent of the m00 na are pmprletary in nature
participating LEU n-utlines in detail the nhligation government, LEUS but which May can
Ni both parties during the intended five-year exercise gel-vern mental perform far Me benefit of
implemi:ntation. E-nng;l'I:ss, for in part, sought to powers. their CDIEU MEJIIR
ensure the success ul' the 4Ps bar providing it with
funding. Duns this nncrnadl up-nn the local
autnnn my of the 1.EI.1s?'
et. Under Phlljpplne laws, the -City of Manila is a
political hod],r corporate and as such is endowed elm
the fal:1.IJtles of munloipal rorporadons m be exerelsed
A: ND. The purpose of the delegation is m make by and through its e:it3,r gm.-'ernnlent in l:onfornlit'j.-' with
governance ntooe dlreetlv oesponslve and effective at law, and in its proper corporate name. It may sue and
the local levels. But to enaOle the eountr.gl.r to develop be sued, and eonoart and be contracted wlm. ITs
as a whale, the programs and policies effected locally powers are twofold in character-public, governmental
must be integrated and eoordjnated to-wands a or polldeal on t.l'Le one hand, and corporate, prlif ate and
t!i]IYl1['l'YllIIT'l national goaL Thus, polieyoetting for the proprietary on tJ'Le other. Go1.-'ernmental powers are
entire country still lles in the Presldent and Congress those exercised in administering the powers of the state
While the Mcal Government-Eode charges the LGl.ls to and promoting the puhlje welfare and they include the
take on the functions and rlesponslbilitles that have legislative, iudleial, public and political. hfunlripa]
already been devolved upon them from the national powers on the one hand are eacerelsaed for the speela]
agencies DTI. the aspect of providing for basl: servlees benefit and advantage of the l:on1m1.Lnit§.r and in-clude
and facilities in their respective jurisdictions, the those which are mlnisterla]. private and corporate. [my
same law provides a categorical exception of eases qf!-:Fam}a l-l'. Intermediate Jlppeffate L'-oun; ER. No..THE
involving nationall1.r-lilnded pmiecl3. Eacilitiis, Houembor15. 1989]
programs and services. The natlonal government 13.
'Lhus, not precluded from taking a direct hand in the
Local Fiscal Autonomy
formulation and intplententatlon of national
development programs especially where it is
implemented locally in coordination with the LGl.ls Flscal autonomy means that local Gove rnments have
eonoerned. 4"F'imentel',,Fr. vs. Executive Secretory' Dchoo, the power to create their own sources of revenue in
of. Mo. 1s5?r0,jaly I?. 2812] addition to their equitable share in the national taxes
released Br the national government, as well as the
PrwsidrnhM Fnwrr n[Grnp1"=U E11p-rrviiinn power to allocate their resources in aocordanoe with
tl'Lelr own priorities. II emends to die preparation of
The presldenfs power over LGU3 is limited to tl'Lelr budge13, and local ofllcials in turn have to work
supervislnn, nut control. within the constraints thereoli They are not
formulated at the national level and imposed on local
The president exercises "general supervision" over governments, whether they are relevant to local
the LEIJs, but only to "ensure Mat local affairs are needs and resources or not Further, a Oasis feature of
administered aecordlng to ]aw." It means "ourerseelng local fiscal autonomy is the constitutionally mandated
or the aII.1thor1t5.r of an of fleer to see that Me automatic release of the shares of local governlne nu
subordinate oftieer perform their duties lr the in the national internal revenue. ,[Province o,F8-otongos
subordinate officers fail ar neglect to fulfill their u. Romufo, on Ho. 152594, ll-lo}v2:?, 2004,t
dudes, the official may take such aetlon Dt" steps as
preserved 're law to make them perform their duties Aurnmali-: rr-lpa9p of 1-fi11 1112 rp-4
[The Local Government Cade 8evls'fted. ZOI1 Ed, p. 14,
Aqufffno Pim an teJ'j'r: ]
The shares it' Me LGUS in the r:en1:ra] government
taxes and in the proceeds of natural reanurees within
Tl 11al Ppr1nnnlirvnfl.l'iIl1 their territariea shall be l:lut.nmul.1ea!{}r and dlreetiy
released to them. [The Lara! Gnuernment Cade
LEUQ have a dual pers)onolltgl.r: po]11:lcal and corporate. Revisited 2811 Ed'._ p. 129, Aqr:.ri{a::la Pimeratef or.]
Being polllical un113 of government and as oyeors of the
notional government, LGLIs exercise gum-'ernnle11t.a] Nora; A "no report, no release' Paliir may nat be
powers. Un the oilier hand, as a corporate e]11:it'.5-', they validly enforced against ofiloes vested with fiscal
exercise powers which are ]:lroprietar]..r in nature but autonomy such as Cons1:itut:lonal -Eommlssions and
w!'Ll1:h the!." can perform for the bereft of their local governments The automatic release provision
eonstituenciei [The loco] Gouemmerit Code Revisited found in the Constitution means that these local
20/1 tip. 62, Aquifirlo Pimentef.jr.] government units cannot be required to perform any
act to receive the 'Just share" accruing to Mem from
the natlona] col:|fecs. [Civil .'j'erulce Commission u.
Eeportment of Hodge: and Management as No.
153?91, july22., 2005]
Ptllilitzll ~Eul'pn-ran:
Eemg l:»0li1:i¢:3l u n i t i t as a mrpnrate endl'_',r. they
l;uvErnJne11l and as exercise I I wars which

PDLITICAL LAW
I 'lil'\'\'l=lil~'{'III"I°&iI4'l'l=Ii*EI~Il=llfli!1€lll-'I acnumplished and nut duly nppresslve [Due

.F?°ac8s Cfcruse]
Powers afLGLTs: {PETaL] 3. Exercisable only within the territorial Ilmlls of the
LGU, except fur prnteL'1:ll:m of water supply [Lag
1. Pnlioe Power Sec. Il5jl
2. Eminent Du main 4. Must nut be -l:r:l]1trar3r m the Ennstl11Lliu n and the
3. Taxation laws.
4. 1415134 ve Pnwtr
MUTE: There must be a cnncurwemze of 3 ]awli.LI subject
l. ll ; and lawful method. {Lu4:'em:! Grand Eeramzri v4411; ER. Nu
14-339 February 23, 2085]
NH n no :II !=:pf\pra1 cpl[==I rp rlau'ip nr in limp pr'rwpI
Tp1t"~ thru nnlllcp mwtr ii ifwnkrd a'-I *HP ra\innalp
The pnllce power of the LGU is not lnherem. LSU; [nr Ml' van paiwng-r of arunrrlinan-"p
exercise the puliee power under We general welfare
clause ILGE Sec 16] 1. RulzinnuJ're1'nLfnns!1{.p yes: - An ordinance mud pass
the requisdles as discussed al:l11"lfe.
firnrrnl w4'l1f=mp r'Iall~ip
2. .§'!:l"i4:'r scrutiny :ear - The focus is in the presence of
mmpelling, rather than substantial, gmrernmenla]
LGLIs shall exercise powers that are necessary, interest and DD the absence of less reslrlclive
appropriate, or incidental for is efficient and efEe\ct:l1.Ie means far achieving that interest Wemundn U. SL
governance, and those which are essential to the SMMSEME CnHege. is. Ne. 16II8?, Marsh 12,
pmmotlon of general welfare. Wltrdn t:helr respective 20/3,t
territorial Jurisdiction, LGUs shall ens1.o'e and support,
among other things, the preservation and enrichment of
culture, promote health and safety, enhance the right of
Q: The Sangguniang Panjungsod ot' Davao Eitjr
the people to a balanced ecology, encourage and support
enacted an ordinance imposing a ban against
the development of appropriate and self-reliant
aerial spraying as an agricultural practice by al]l
sccientihc and technological capabilities, improve public agricultural entities within Davao Eitv. Pursuant
morals, enhance eco-nomlc pmsper:lt'y and social Justice, to 'Mc ordinance, the ban against aerial spraying
would be strictly enforced three months
promote full employment among lLs rlesidenm, maintain
peace and order, and preserve the comfort and tllereaRer. The Filipino Banana Growers and
oom-'enience of their inhabitance. 1"RA .7/6d, Sec Il5j Exporters association, Inc. [PBGEA] Filed a.
petition in Me RTE to challenge the
constitutiooalitjv of the ordinance, alleging that
Twin branches of the Genera] Welfare Clause Ute ordinance exemplified die unreasonable
exercise of police power and violated Ute equall
1. General Lqgpislatfve Power - authorizes tlte protection clause. The RTC declared that the
municipal council to enact ordinances and
ordinance is valid and constitutional saying that
make regulations not repugnant to law, as may
the city of Davao had validly exercised police
be necessary to carry into eFl'ect and discharge
power under the Genera] Welfare Elause of the
the powers and duties confered upon the
Loco! Government Code and flat die ordinaocle
was consistent with the Equal Protection Clause.
municipal council is law.
Un appeal, however, the ca reversed the
2. Police Power Proper - authorizes the
iudgnientoi the arc. Is tlle ordinance valid?
municipality to enact ordinances as may be
necessary and proper for the health and safety, A: Hn. Requiring the respondents and other affected
prosperity, morals, peace, good order, comfort, individuals to mmply with the consequences of the
and convenience of the municipality and i13 ban within the three-mnnth period under pain di?
inhabitants, and for the protection of their penalty like Eine, irnprlsniinient and even earLeellatlmll
property [Rural Book of Makati v. Municipality of business permits would definitely be oppressive as
oflritokoti, Iv# 2, 243041. to constitute abuse afpdliee power.
Rcquisitcsflimitatinns fur Lhc proper exercise of The ordinance 1.rl-olated the equal protection clause.
Lhe police pa-wcr [PREN} The imposition of t:he ban is too broad because the
ordinance applies irJ'espectTu'e it' the substance on be
1. The inter est o f t h e public generally, as aerially applied and irrespective of the a.grlcu]t1.Lra]
distinguished Hem 1:hrJse of 3 particular class, activity to be conducted. Sudan imposition becomes
require the interEeJ'enl:e -of the slate [Equal unreasonable inasmuch as it patently.-' bears no
Fintaninn [Muse] relation to the purported inconvenience, disoonlEort.
2. The means employed ave reasonably necessary health risk and environmental danger which the
for the attainment of the object sought to be ordinance seeks to address The burden will now
221
become meme 1]llETlIILlS m various entitles, indudjng Gne such plate of legislation is the LEE, which
those 'lnrhil on eonneedan whal3ne1.-'er Lu the intended authorizes city and municipal governments, acting
purpose of the nrdlnanee. {.Husqusd'a us F1H,pim:l through their local chief eacecutives, to issue demolition
Banana Growers 8: Evrpnrrers Assne, ER. Nu. 185/85 8: orders. Under existing laws, the once of the ma1.r-or is
189305. August /6. 2:1/51 even powers not only relative m HE function as the
executive oHlclal of the town, it has also been endowed
with authority to hear issues involving property rights
T-'lird=atpri=ll fl11"' -of the [n-=1 ChitllEvp»:l11'i'u'e
of individuals and to Mme out with an effective order
or resolution thereon. Pertlnent herein is Sec. 444
The LGE imp-ones upon Wie city mayor, to "enforce al] [l:l][3]{1.ri] of the LGE, which empowered the mayor to
laws and ordinances relative to the governance of' Me order 'Lhe closure and removal of i]]egaLl1.r constructed
eltlr.' As the chief e}¢el:u1:11lfe of the city, he has the duty estabiishmenls for failing to secure the necessary
to enfonze an ordinance as long as it has not been perrni13.
repealed by the Snnggunion or annulled by the eourtn.
I-Ie has no other choice. It is his ministerial duty to do
In the -case at bar, Boracay West Cove admittedly failed
to. {.S'oeaof Justice Eoclerj.-' u. Arienzo, or, an Ho. 156852,
March 7l 2EJ'8?j
m secure the necessary permlls, clearances, and
exemptions before die construction, expansion, and
opecadon of ]3oraea].r West Eo1.l'e's hotel in Malay,
8l.hatpmpflt of 1'1ui'-ianrr without il1[1[-g'iq1 Aklan. To recall, Boracay West Cove declared that the
IIr!2r1££rdiI1£ application for zoning eonlplianoe was steel] pending
wllh the office of the mayor e1.ren though oons1:r1.L-ctlon
and operation were already ongoing at the same 1:ime.
The abatement of nulsanee withoLLt l1.ltllr:1a]
As such, it could no longer be denied that lt openly
proceed lugs applies to nuisa nee per se or Muse which
violated Municipal Dndinance 200JI-131. (Aquino UP
al'Teet the immediate sa.fetgl,f of persons and property
and may' be summarillr abated under the undefined
Munlcip.o'lil}r of Malay, .4.kl'o'It a s Na 211356,
September25, 2814-j
law of neeessitjr. lToyo'bon v..Fieopfe on No. 150194,
March 6, 2OI5I?j
NDTE: Based on law and jurisprudence, the of hoe of
The LGI.ls have no power to declare a particular thing
the mayor has quasi-1udidal powers to order ti'Le
closing and demolition of establishments. This power
as a nuisance unless 31L11:h a ding is a nulsanee per se,
,granted bi' the LGE, is not the same power de1.rol1.red in
her can they el"Te1:t the extrajudicial abatement of a
favor of the LGU under See. 17 lblraloll. which is
nulsa.1'1l:e per accident Those things must he resolved
subject to review by Me DENR. The fact that the
by the enurtt in We ordinary' course of law. (Ac
Enterpna8', Inc. v. Fmbelfe Pm-pertles' Earp, GR Na.
building to be demolished is located wiring a
Eol'estland under the administration of the DIENR is of
166?44 Hal.-'ember'2, 2886]
no moment, for what is lm-'ol1.red herein, s1:l'1etI1"'
sjpealdng, is not an issue on en1.-'inonrnental pmtectlon,
Q: The Mayor M Malay, Allan ordered tllmugh conservation of natural resources, and ti'Le
Eiceeulzive Under Ha. ID the demolition of the maintenance of ecological balance, but the legality or
Bora-cajr West Cove Resort and Hotel without first illegality of the structure. Rather than treating Lids as
conducting iudirial proceedings on the ground that an environmental issue then, focus should not be
the said hotel was built on a 'oo build zone" as diverted from d'Le root cause of this dehacle-
demarcated in Municipal Grdinaoee z000-131. The compliance. {Aq'ulm:|- u. Municipality of Malay, Melon,
owner of die Borauiy West Cove imputed grave supra]
abuse of discretion on die part of the Mayor. is die
owner correct?
P¢wpr'4 dtpmpd implied in rhr- nnwrr re Hrant
pprmirq and lrtnqpq
A: ND. Generally, LGlls have no power to declare a
particular thing as a nuisance unless such a thing is a
Power to issue licenses and permits include power to
nuisance per se. Despite t:l'le hcltel's classihcatidn as a
revoke, withdraw, DT restrict through the imposition
nuisance per cccidcns. h-l:lwe1.rer. the Erfurt still Ed und in
of cerlaln rondltions. However, the conditions must be
this case that the LGU may nevertheless properly order
'Ll'Le ]'Ldtel's demolition. This is because, in the exercise
reasonable and cannot amount to an arbitrary'
lnterferenee with the business. facebedo opt-:ar
of pdiice power and the general welfare clause,
Company, J'nr; u. CA, GR. No..I 00152. March 31, 2c10o)
property rights -of individuals may be subjected to
reslrainn and burdens in order to fulfill die nbiecdues
of the government.
Dtherwise stated, the government may enact The abject of the permit requirement is the proper
legislation that may interfere with personal ]illertj.r. suprrnrisinn of the enumerated buslnrsses, l18des. DT
property, lawful businesses and occupations to -nmlpalinn.
promote the general welfare.
NOTE: The issuance of perm113 and licenses is a
PDLITICAL LAW
function of We local chief exertive. located between the Irnnt rnnnulnent line and the
building line n-f commercial and industrial.
estzlhlishmenes and educadnnal and religious
Q: Aceh-edo Dptical Company applied with the
i.ns1itII.ltinrl3. Is the nrdinauce valid'
Dffioe of the city Mayor of lligan for a business
permit The Eitjr Mayor issued such permit subject
to special conditions that the company cannot put A; HD. It has Long been settled that the State nlalll.r not.
up an optical clinic hut only a ooinniercial store; it under Me guise of police power, permanently divest
cannot examine patients and prescribe glasses; owners of the beneficial use of their property solely to
and it cannot sell eyeglasses without a preserve or enhance the ae*.~;1J1etic appearance of the
prescription from an independent optonietcist. oorntnunity. Compelling the respondent to construct
Sanialian fig Dptonietrist fig Pilipinas lodged a their fence in accordance wlidi the assailed ordinance
complaint against Acebedo for violating the is, thus, a clear encroachment an their right to
conditions which resulted in the revocation of its property, wihlch necessarlljf loc]ILLdes their right to
permit Did Ute City Hajror have the autl1orit3.r to decide haw best to prooect their property. l"Fe.rnand'o v..
impose special conditions in Ute grant of die EL Sdroiostfroe College. ER. No 161159, March 12.
business permit? 2013]
A: N-D. PoI1ce power is essentially regulatory in mum Q: Can We Eiljr Mawr of Manila validly take
and the power to issue license DT grant business eusmdy nfseveral women uiiu repute and deport
permlm, If for a regulatory purpose, is wiiilln the them as Iahe rems wit lm ut knowledge and ennseot
ambit of Uris power. This power necessarily includes m rJle said depnrtatien?
the power to revoke and to impose conditions.
However, the power to grant or lssue licenses or
A; ND. Dne can sean:]1 in vain for any law, order, at
business perm113 must always be exercised in
neg'LLlatlon. which e'uen hintsat the rigltt of the Mayor
accordance with law, with utmost observance of the
of the -city of Manila Gt' the chief of police of that c1t}.r
rights of' all concerned to due process and equal
la far-nze citizens of the Philippine Islands - and these
protection of the law. What is sought by Acebedo from
women despite their being in a sense lepers ofsoeiety
the City Mayor is a permit to engage in the business of
are nevertheless not chattels but Philippine citizens
running an optical shop. It does not purport to seek a
protecoed 12-1.* the same constitutional guaranties as
license to engage in the prac1:lce of optometry. A
ape other citizens - to change their domicile from
business permit is issued primarily to regulate the
Manila to another locality.-'_ {WHou'.lcencl-o in. Lulcbun,
conduct of business and the City Mayor cannot,
ER. Na L-14639, March 25, I'9I5lI]
through Me issuance of such permit, regulate die
practice of a profession Such a function is within the
exclusive domain of the administrative agency Q: Hay' an LGU require customers to ml but a
spec locally empowered by law to super1.rlse the prescribed [arm stating personal infarmatien quell
profession, in this case the Professional Regulations as name, gender, natianalitjr, age, address, and
Commission and die Board of Examiners in necupatian before Meg eauld be admitted to a
8ptometl'y. l"Acehedo llpticol :Company Inc v. Court of motel, hotel, DT lodging bause?
Appeals, ER No. Iofl152, March 31, 2808]
A: YES. The Drdinance was enacted l:+reclse]3.r to
NDTE: However, certain professions may be affected niinimlae certain practices hurtful ta public morals
by the exercise of paoli-cle power. An arldinance in such as the increase in the rate of prostitution,
Manlla was held not to regulate Me practice of adultery, and fnrnlcatinn in Manila traceable in great
massage, much less restrict the practice of such part to the existence of motels. which "pm1.rlde a
prafesslan. Instead, the end sought to be ablalned was necessar3,r atmcisphene for clandestine entry, presence,
to present the nammisslnn of immorality under the and elclt" and thus became the 'ideal haven fer
practice of prnstlttltinn in an establishment prostitutes and Miriil-seekers". Precisely it was
masquerading as a massage clinic where the intended to curb the opportunity for the lmrnera] nr
aperatinn thereof offers to massage superNclal pans legitimate use to which s)1.1c]'L premises could he and
of the bodies at customers far hygienic ar aesthetic are being tle1.-'ntecL iEnnitl:l-!-:FI:li'ate Hntei' and Mate!
purposes. {PJ'Jysic.::r[ Th-er':1.p_1.= Elrganizstinn of the Dperatians .llssticintiura v. Etty Mayer nfivlsnila, is. Hn.
PJ'n'ff.e:lp.llnas u. Municipal Ennrd of Mnnhin. ER. Hn. L- L-244593, july31, res?)
1a-133, August .8'l5L ISIS?)
Q: Mayor Lim signed into law, eiry [lrdinanee

Q: Th-e Snngguninng Plnfungsnd of Marikina City 7774, which pmhibils short time admission in
enacted an nndinanee "Regulating the Ennstruetian hotels, motels, lodging houses, pension houses,
at Fences and Walls in the tiny al' Il'[arildna". The and similar establishrnenis in the eicy -of?-'lanila to
ardinaoee provided, among others, Mat fences protect public morals. Pursuant to the above
should at he more than 1 meter and [onces in policy, short-time admission and rate, wash-up
excess of 1 meter shall he 80% see-thru. It hirther rate or other sirnilarl].r euneo-:lied terms, are
provided that in in ease shall walls and Ienees be hereby* prolhibited in hotels, motels, inns, lodging
built within the five-meter part-dng area allewanee houses, pension houses and similar
223
estatilishmems in the one of Manila-1. Peel:il:ioners allowed to cmlstrurt his wall up m the "Dur eflhe
argued that the Grdinaoee is unconstitutional and properly line, thereby creating a spare under the
void since it violates Me right to privacy and the Erst Meer. in eflert, pmperqr D'WTlETS relinquish Me
freedom of movement; it is an invalid exercise of use up the space as an arcade fur lledestl'ians
police power; and it is an unreasonable and instead Ni using Me llr4Jpert3r fer their own
oppressive interference in their business. is the purposes.
ordinance valid?
Sabsequcntly, justice Eaocayo sought m he
A: HD. Individual rights may be adversely affected cfxcmptcd from the application of dlc ordinance to
only to the eittent that may fairly be required by the which the tiny Council responded favorably in his
legitimate demands of public interest at public favor.
welfare. However well-intentioned the Drdinance
may be, it is in effect an arbitrary and whinislcal
Hi'-'IDA then sent a nntiine of demnli1:in-n to [usticn
intl'us1-on into the rlghis of Lhe establlshmenls as well
Ganragfcn- alleging that a purtinn Ni his building
as their patrons. The Drdinance needlessljr restrains
vinlanes the Natural Building En-df in relation to
the operation of the businesses of the petitioners as Ihe ordinance. Is th-1: Elrdinancn a valid exercise of
we] as restricting the rights of their patrons without
police p-nwcr in rcgulaijng me use of prop-arty in a
sufficient Justification. The Errdlnance raslll],r equates
business man*
wash rates and renting out a room mane than twice a
day wit h immorality without accommodating
innocuous intentions {'l.-Wute Light Corp., I-l'. £14' of A: YES. [11 the acerdse of police power, property rights
Monitor, on No. 122845. jonuoajv to, 2r108t. of l11dl11'ldua]s may be subject to restrajms and burdens
in order m fulfill the obiectjves of the government
Property riglns must bow dawn to the prlmaq," of
Q: The Sanqguninng Panlungs-od al' Pasay City
passed an ordinance req uiring all disco pub owners
police power' because it must yield to Me genera]
welfare. It is dear that 1:he ohie-l:t11.re of the ocdlnance
to have all their hospitality girls tested fer the AIDS
were the health and sa.fet'j.-' of the My and ins
virus. Both disco pub owners and the hospitality
inhabitants. Al the 1:ime the ordinance was passed,
girls assailed the validity of the ordinance for being
there was no nations] building code, thus there was no
violathre of their eonstibltional rights to priufaejr
law whidi pcohll:dTs the c11;y council from regulating die
and to freely dioose a calling or business. is the
oonsl1'LLct1on of btdldings, arcades and sidewalks in
ordinance valid? EJtplai.n.
their iurlsdiction. {Eonco_1.4-co v. City Government of
Quezon Silly. so No rerenii Oct 11,20//1
A.: YES. The ordinance is a valid exercise of police
power.The right to prliraq,-qfields to certain paramount
Q: Rivera was iouod washing her clothing near the
righla of the public and defers to Me exerdoe of police
Santolan pumping station near Boso-Bcrso dam.
power. The -ordlnanee is not prohibiting the dlseo pub
Rivera's act of washing clothing interfered with
overs and the hospitaliqr girls from pursiilng their
calling m' business but is merely regulating IT_ [Social
tile purity of the water which was supplied to
Manila be the Santolan pumping station. She was
j'r.rsllee Society u. Daogemus Drugs Board, on No.
-charged with violation of' Sec. 4[l'] of Dcdinance
/5?E:-78, Not. 3. 20091
No. 149 which prohibited washing of gjarnienls in
tile waters of any river or water course. ll-'lani1a's
This cirdinanee is a valid exercise of punllee power, municipal hoard adopted Me same seetioo be
because i s purpose is m safeguard public her]ttL virtue of the Acts of the Philippine Commission
l'8e1'tn:m H. Secretary of Health, ER. Nu. 133640, and was authorized ca purity the source of water
Nun-'ember 25, 2EJ'l':T5J} supply as well as l:he draluiage area of such water
suppl].r. Rivera contented that die municipal court
oithe Eitgr of Manila and the Court of FiJ'st Instance
HDTEE Munidpal IL'nr'puratinns cannot pmhibil the
of the city of Hanila had no jurisdiction Co try her
nperallan of night clubs. They may be regulated, but
for the crime committed. Does the EFI of Hanila
not pnevenled Em-m carryrjng in their business. (Vera
have jurisdiction over the offense, considering
Cruz U. Far; 11:1 H01 JL-425?]'-F2, l'u{.1.*.85, 1983]
tliat Ute washing of clothes was in Ute Mariquina
River?
Q: The Quezon City Gouneil issued Drdinanee 2904
which requires the -construction of arcades or
A: YES. Boundaries usually mark the limit for the
oomrnercial buildings to be mmuwmd in zones
exercise of the police powers by the lilunlr:1palit§lr.
designated as business J I nes in the zoning plan of
However, in certain instances - the performance of
Quezon City, along EDSA. However, at the time Me
police limctioiis, the preservation of public health and
ordinance was passed Mere was yet no building
acquisition at territory for water supply - the
code passed b]r the legislature. Thus, me regulation
mun1cip.alltJ,r is granted police power beyond its
of the construction of the buildings air let to die
boundaries. The Santolan pumping station is a part at
discretion of die LEl.ls. Llnder this ondinanee, die
the public water supply of Manila with water taken
city rounril required dlat die arcade is m be
groin that part tithe Mariqulna River, in the waters of
creased in a war tbat building owners are not
which Rlvera washed clothes. Puhlie water supply is
PDLITICAL LAW
not limited to water supply owned and controlled bi' a employment and to travel at night from school or
municipal enrpnratinn, but squid be mnstrued as work. However, e1.ren wiU'L those safeguards, the
meaning a supply of water Ear public and dnmestlr: Navolas Dndlnance and, to a greater extent, the Manila
use, furnished -nr to be furnished from water works. Drdinance still do not account for the reasonable
The pmvlsians of the D-ndinanee Na 149' wnuid be exercise of the minors' rights of assocla1:ion, Free
meaningless and absurd if made applicable nniy to the exercise of religion, rights to peaceabl.1,r assemble, and
Sant-alan pumping station and not Ni that part of the of free expression, among others. The exceptions
li-'[ariqulna River immediately abjure it and from w]'Lich under the Manila Dcdinanee are too limited, and thus,
the pumping stadnn draws water Eur die use of the unduljr trample upon protected liberties.
inhabitants of the City of Manila. l"Riwm u. Campbell
an N-D. L-11119, Hl:1n:tl 21 Isis]
The Navotas Eirdlnance is apparently more protective
of constltudonal rights than the Manila Drdlnanoe;
Q: Fellowing the campaign of President Duterte to nonetheless, II steel] provides insufficient safeguards:
implement a nationwide curfew fer nlinnrs., First, although lt allows minors to engage in school or
Navntas city and Me tiny of I4-'laniJa started to church activities, it hinders them from engaging in
strictly* implement their curfew ordinances an Iegltimate non-school or non-diurch activities in the
miners through paliee as-eratinna streets or going to and from sudl activities; thus, their
freedom of assocladon is effectively curtailed. It bears
stressing that pardclpation in Iegltimate activities of
The Manila Drdinance rites only four [4]
organizations, other than school or church also
exemptions, namely: [a] minors accompanied by
conj:rlhutes to the minors' sociaL emotional, and
their patents, family members of legal age, or
intellectual development, l.ret, such participation is not
guardian; [II] these running law'llLll errands such
exempted under the Havotas Drdinance. Second,
as buying of medicines, using of
although the Navotas Drdinance does not lnlpose the
telecommunication facilities for emergency
curfew during [::hrisl:rnas Eve and Christmas day, lt
purposes and the like; {c] night school students
effectlvelyr prohll:lils minors from attending traditional
and those who, by virtue of liieir employment, are
religious actIvIties [such as slmbang gabi] at night
required in the street or outside their residence wi'tTLout accompanying adults, xxx Thls legitimate
after 1i]:l]l] p.m.; and [d] those working at night.
a-ctlvitv done pursuant to the minors' right to freely
exercise their religion is therefore effectively
For i13 part, the lilavotas Grdinaoce provides mare curtalled. Thlrd, the Navotas Drdinance does not
eveeptions, to wit: [a] minors with night classes; accommodate avenues for minors to engage in
[tl] those working at night; {c] Mose who attended political rallles or attend city council meetings to
a school or church activity, in coordination with a voice out their concerns in line w1m their r:ight to
specific barangay office; [d] those traveling peaceably assemble and to see expression. (SPARK,
towards heme during the curfew hours; [e] these Ft .of us. Quezon Etty, GR No. 2254-42, Au,gr.rst-8812-lJ1?_l
running errands under the supervision of their
parents, guardians, or persons of legal age having
Q: The city of Manilla passed a Curfew Dnlinanee
audiority over diem; -[1] those involved in
on minors which imposes several penalties for
accideols, calamities, and the like. lt a[lso esempls
violators. Petitioners argue that M e Eur i ew
minors from the curfew during these specific
Drdinanee is unconstitutional because it
occasions: Christmas eve, Christmas das. New
contravenes RA. 934-ll-'s expless command that no
'lear's eve, New "¢'ear's day, the night before die
penalty shall be imposed on minors for euriew
harangay fiesta, the day of the liista, All Saints'
violations. [s petitioners' -contention proper?
and All Souls' Day, Holy Thursday, Good Friday,
Black Saturday, and Easter Sunday.
ME The Manila Drdlnanee is in ennfliet with the
clear lang1.La.ge of Section 5?-A of RA 9344, as
Peljljnners argue that the Euriew Urdinances are
amended, and hence, invalid.
uneuosiitutianai because Lhejr deprive miimrs if
the right to liberty and the right m travel without
substantive due prdeess. Are said nrdioances The law does not prohibit the enactment of
valid? regulations that curtail the conduct of minors, when
the similar conduct of adults are not considered as an
offense or penalized [1.e.. status offenses). Instead,
A: The Manila and Na1.rotas Drdlnances are not valid.
what it prohibits is the imposition of penalties on
while r1gl'LLs may be restricted, the res1:l'1-clions must
minors for violations of these regulations.
be minimal or only to the extent necessary to achieve
Eonsequendy, the enactment of curfew o1'djnanees on
lite purpose at to address the State's compelling
minors, without penalizing them for violations
Interest
thereof is not violative ofSeetlon 5?-A.
The Manila and Havotas Drdinances are not narrowly
drawn in that their exceptions are inadequate and
therefore, run the risk of overljr restricting the As worded, the prohlhitton in Section 5?-A is clear,
minors' fundamental freedoms. To he fair, bod: r:atego]'jr:aL and unambiguous. It states that no
ordinances protect the right to education, to gainful penalty shal] be imposed on children for violations of
i.l.lw'11il'p 'iIi\1"""= offences T|'|_1|¢ for l1T1 r:nslng' ll*p
225
sanctions of oeprlmand, line, and,l'or imprisonment on Na 143339 .F'ebrnl::rrjl.= 33. 2005]
minors for curfew violations, portions of Section 4 of
the Manila Elndinancle Oioectly and icneooncilably
Dtlier 1.imit:-liions in-r the Exercise of Pull-me Power
conflict with the clear ialtguage of Section 5?-A of RA
9344, as amended, and hence, invalid. fsnintc EL of
vs Quezon City, GR No. 2254-42, .4 ugust DB. 281?_] The local government unit can regulate Wie operation of
cable television on]j.r when it encroaches on public
properties, such as 1:he use of public slJ\ee13. right of
Q: The Sariggunion of Cagayan De Do enacted
ways, the founding of structures, and 1i\e parceling of
Urdinaoee No. 3353 prohibiting the issuaocle of
large region. Beyond these parameters, HE acts, such as
business peroIils and cancelling existing business
the grant of the frandaloe to Spacle]inb:. would be ultra
permits for 1;he operation of casinos; and
vjres lioomzot us. People, GR. Ho. 135535, Februoiji' 14,
tlrdinanee Ho. 331-'5-93I prohibiting the operation
2l5ll5L'ij
of a casino. I assailed the validity of the
ordinances on the ground that both violated P.D.
1869 which permits the operation of' casinos, The power to regulate as an exercise of police power
centralized and regulated bar PAGEDR. However, does not include the power to impose fees fer revenue
die Snnggunian contended ma: pursuant to the purposes. Fees fer :regulatory purposes may only be of
Luc they have Ute police power to pmltibit the s1.Lff1-clent amount to induce the expenses of issuing the
operations of casinos Ior Me genera] well'aJe. Was Ijoense and the cost of the necessary lllspelction or
there a valid exercise of police power? police suruelllance, taking into account not only the
expense of direct regulation but also incidental
expenses [American Hoi! Une us city of Bosiion, ER
A: Tm. P.D. 1369 cneatjng Me PAGCID-R expressly
No. L-/2648 .F-fo_1.-' 3/, I96/]
authorized lr to centralize and regulate all games of
chance including casinos. This has not been amended
be the LGE which empowers LGl.ls to prevent DI' -.l=IMI~*l=l~*up.muns-
suppress only those farms of gambling prohibited Br
law. -Casino gambling is, however, authorloed under Dctinitiun
P.D. 1869. This decree has the status of a statute that
cannot be annulled or amended hr a mere ordinance.
PAEEDR can set up casinos with or w'itho1.it the The right of a government ar 1T3 agent to expropriate
consent of the host local government {Me,gtojas v. private pmperqr for pub]1c use, in exchange for just
Prjvce Pmpertles and priocoe on. No. 1 IIrJ5l :?,July 20, eumpensatien.
I994-j
NDTE: Local government units have no inherent
Contempt Pnwcrs power of eminent dolnaln. Local governmeniln can
exercise such power only when expressly authorized
by the Legislature. Ba' 'ulrt1.Le of the Luca] Government
Although the Eanggunlun of a muniejpallly may Code, Congress conferred upon local government
enaerelse eertaln powers under die General Welfare unlu the power to expropriate. [8-:ltaslklp v. cry of
Clause, elling no-nmembers of die Si:lngguman for Pong, ER No. 138349, JJ'.l:muar:l.* 23, zoos;
contempt DI' issuing mbpuena m compel nun-members
m attend public hearings or investigation is nut are of
Mem. slimy speaking, the ptlwer of eminent dnmaln
delegated to an LGU is in reality nut eminent but
"illfel'inr". The 11atlrJJlal legislature is still the prlnelpal
Fpnui*1ifp*1-*lin1i*=Ii~'\n1 fffr Igor prrrp-rr plfprfi'-rr ='\f -of the LGLIs. and the latter tar nut g-n against the
1'11r- |'|-n1[r"1" 1*lnwl\-1' [PREM prinr:ipal'5 will ar mudlfy the same {Eelr.rsa Ba
l'lrlul1ll-l:'fpl:lht}' of Panel.-'. ER. No. 1539?-L August T.
1. The lnteresis of the public generally, as 28861.
distinguished From Miose of 3 particular class,
require the interference of the stage {FqluoJ' Rrqlli'»=irr*= [nr Igor yall-'l pvrr-"i'»=r of Ihf- pr»1a:rr=1f
Protection Eta Erse}
1. The means employed are reasonably necessary for
Me attainment of the object sought to be
aeoompllshed and not dull; oppressive [Due 1. An -Drdlnance is enacted by Wie local legjslathfe
muns] authorizing the lcical chief executive, in
Process Crouse]
3. Exercisable only within the terrltorla] llmjts of the behalf of the LEU, to exercise rLhe power of
Lou, except for protection of water supply {LGI§, eminent dll:lmal:l1 or pursue expruprlatiun
Sec. 161 proceeding over EJ par ticular private
Must not he contrary to the -Constitution and the property.
laws.
NUTE; LGU cannot aurllurlze an expropriation
of private property Mirnu8h a mere ness]ILLtinn
HDTE; There must: be a concurrence of a ]awli.Ll subject it' 113 lawmaking b-nd],r. A resolution will nut
and lawful me'd'u:»-d. {Lucent Grand Central v. MC, ER
PDLITICAL LAW
suffice as it is a mere declaration of the lax defLara1:1l:ln.

sentiment or opinion of the Iawmaklng body on a
speclflo matter that is temporary in nature. [Ho{_1."
HDTE: The advance deposit lequlled under 5ecdon 19
T"r1'nlt.al." 8-eofty and Denrefopmerat Corporation 1-re
of the LGE constimnu an advance pa3o'nent only in the
Data t`.'ru2'.. on Ho. a00454. Erctoher 22, 2014]
event the expropriation prospers. Such deposit also has
a dual purpose: as ]:line-puavinent If the expropriation
2. It must be For Public use, purpose, DE' welfare
succeeds and as indemniqr for damages if lt is
or far the benefll ofthe poor or landless
dismissed.Th.is advance payment, a prerequisite fur
the issuance of a writ of possession, should not be
NDTE: Plnperty already devoted to public use
confused with payment of Just compensation for the
may not be taken fur anulher puhlie use. (guy
taking of property even if it could be a factor in
as' Munlfa 'L-'. Etlinese ll§'nmmr.rnflII." as' 1'-l'l:u:IH.l:r, ER.
eventually determining just compensadon.If the
No. L-14355, Dr:rrJher31. 1919]
proceedings fail, the money could be used to indemnify
the owner for damages {IE'lt.§l." of Moniio u. Gregor
3. There must be payment nfiust ErJn1pensal1l:m
Corp-omtion, on No. Isaacs, _J'une25. 2812]
NDTE: lust eompensatlon is defined as the Full!
and fair equivalent of the property' take-en frloln Upon compliance, the issuance of will of possession
its owner by the expropriator. The measure is becomes mlnislerlal [Elly oj'IJ'oHo '|.". Llospl is. No.
net the takers gain, but the owner's lass. It is 154614, Nov. 25,2009
upon Use payment of just compensation to be
determined as of the date of the taking of 1j1e
PI1a'4p1 of pxurnnriarinn 1Tlrnrpf~:1iH£1
property or the filing of the complaint
w.h1l:he'.rer came First [WTC v. DrowHe. GR. No.
22336451 1. The determination of the aL:lthority of the
plaintiff to exercise the power of eminent
4. A valid and definite Dlfer has been p1°eviuLls]3r domain and the propriety of in exercise in the
made la the owner of the property sought to be context of the faem involved in the s1.LiT_
exprelpriated, but said oFfer was not aneepled.
{'Mumlcipal'i.ty of Pcrmmzrqrue U. Liu. Really
MUTE: lr ends with an order, ir not dismissal of
Carpamtihn, -1:1 Ha. 1EFMO. IHL4'28, I998)
action, of condemnation declaring that the
plaintiff has a lawful right to take the property
MUTE: The Supreme Eourt held 'the burden is an
sought to be condemned, for the puOlic use or
the LGU to prove its compliance with the
purpose described in the ooniplaint, upon the
mandatory requirement of a valid and definite offer pa,1.rment of just compensation to be
to the owner of the property before IM filing of in
detemilned as of the date of the Blind of the
complaint for expropriation. Failure to prove
complaint.
compliance with the mandatory requirement wool
result in the dismissal of the complaint
An order of dismissal, iF this be ordained,
I!II1P nrnrv WE rcnuir-nmr' in in vntinvnr remain would be a fina] Mme, since it Finally disposes
{w-p11pt of the action and leaves naming more m be
done by the Court on the meriTs. The order of
condemnation shall be a final one, as me Rules
1. DEfer must be in Wrlling speelfjring:
expnesslyr slate, in the proceedings before the
2. Property sought In be acquired Trig] Court, no ol:llee1:ion to the exenzlse of the
3. The reason fur the acqulsidun right of condemnation {or die propriety daereof]
4. The Iiriee offered shall be filed or heard.
NDTE: If owner aeeepis offer, a mntraet of sale will he 2. The determination by the RTC of due just
executed. If 1]W'll'E]' aeeep13 but at a higher prlee. Inca] cnmpensa1:1an Eur the property sought to be taken.
chief executive shall call a ennferenee fm' the purpose
of reaehlng an agreement an d'le s)e]]lng prlee; If
This is done by d'Le Court with the assistance of
agreed, ennrraet of sale will be drawn. l"Impfemennng
Rules and Rqqufatiniu off. GEL Art 35] not more than Three [3] commissioners. The
order Fixing the just compensation DEI the
basis of the eiridenoe before, and Endings of, the
comnUssioners would be final. lt would finally
dispose of the second stage of the s1.Lit and
1. l'-'illing of a complaint Eur exprupriadun which is leave nothing more to be done by Me Court
sufficient in form and suhsance regarding die issue. {8r8.1.=. 5.l:rn Rogue Tdiisoy,
Cebu 1-11 Hrs qI'.F'rdneisco Foster, ER No 133394
2. Depnslt of the amount Equivalent to fifteen June 20, 2000]
percent [1596] of the fait' market value of the
property to be expropriated based on HE current

HUTE: LGT.f's pnwnlanged l::n:upatlm1 it' pr i v a t e shift the burden la Me LGU concerned. To
property widimllt. Wie benefi t of e'xl:lrnl:lria1:ian deprive respondents of their property instead of
proceedings entities Urie Landowner to damages. ,['Efl!}r compelling the subdivision owner to comply with his
of Hl:1iJ'a nr. Judge £'nnn'ems-Eesann, ER Na 16899 oOllgatlon under the law is an abuse of' the power of
February IE, 201 IJ] eminent domain and is patently illegal. Worse,
the expropriation will actually benefit the
subd11.rlslon's owner who will Oe able to
Fiarilf=\rtilln of "p-mlir LLP' 11°quirpm¢'nt
circumvent his oornrnltment to protride road
access to the subdivision in conjunction with his
[n case only a Few could actually benefit from the development permit and license to set] from the
expropriation of the property, the some does not Housing and Land Use Regulatory Board, and also
diminish 113 public use character. It is simply not be relieved of spending his own funds for a rlght-of-
possible to provide for all at once, land and shelter, way. {Mrongoy Sirtdolon U. Cal ER. Ho. I5l5'l54El J'+forcFI
for al] who need them. Cobol]ar],r to the expanded 22,2m?}
notion of public use, exproprladon is not an3.rmore
confined to vast trams of land and landed estates. It is
therefore of no moment that the land sought to be Q: Municipality of Panay issued resolutinris
authorizing the municipal government through the
enpropriated is less than half a hectare only. Through
Mayor to initiate expropriation proceedings. A
the years, the puhllc use requirement in eminent
petition Ior cxpropriaiion was filed by the
domain has evolved into a flexible concept, influenced
Municipality of Panay. Petiiioners are in: owners
be changing conditions. Puhlic use now includes the
of parcels of land which one going to be
broader notion of indirect public bereft or expmprianed be the LEU. Petitioners argue that
advantage inlzluding in par ticular, uJ1J-an land reform
such expropriation was based only on a resolution
and housing. l'Fll'tilippine Eolumbian .Association it
and not on an ordinance co ntrary to Sec. l{l of LGE
Pan& in No. L-108523. Dec 21, 1993]
Is the exercise of eioinent domain by the
Municipality of Panay valid?
HDTE: The passage of RA. 1-'zr="s. the "Urban
Development and Housing Act of 1IE|"92" introduced a
A; run. The LGE expressly requires an ordinance for
limitation on the size of the land sought to be
the purpose of expropriation, and 3 res)olu1ion hmm
expropriated for soelalized llouslng. The law
merely expresses the sentiment of Me municipal
expressly exempted "small property owners' from
oouncll vidll not sufEoe. AS respondent's expropriation
expropriation of their land for urban land reform.
in this ease was based merely an a resolution, such
l'Eitjl.* of Mnrldn{u_1.-'o4;l' v..4guiJ'.r:rl1 ER Ho. I3?I52, Jan.
eicpnopriation is clearly defect:l1.re. While the Court is
2§I,2EtOlj
aware of the constitu1:ional policy promoting local
autonomy, the court cannot grant indicial sanction to
Ratimlrtinn of "r£pnuinr~ npr'r*= ~1it'lr' rrmlirv lrrwnt an Lows exercise of its delegated power of eminent
domain in contravention of the very law giving lr such
power. ,lfBeir.rso if. Mr.rmc'ipolit.}f of Punoj.= {Eopizj', on No
The right to Laine private property for public
153994, 449. 3 zoos
purposes necessarily originates from "the necessity'
and the taking must be limited to sud necessity. In
City of al-:ltorailo v. Chinese Community of Monflo, lr is Q: Spouses Yusajr owned a parcel of land, half of
held liiat necessity must be of a public character. which they used as their residence, and the rest
Moreover, the ascertainment of the necessity must they rented out m nine ether families. nllegealy,
precede Cr accompangl and not follow the taking of the land was their only property and only source
the land. In City of HonHo v. Arellano Law Eoltege, the of income. The Sangguniang Panlungsod of
necessity wlUriln the rule that the particular Handaluyong City adopted a resolution
property to be expropriated must be necessary, authorizing Me Eitjr Mayor to take the necessary
does not mean an absolute, but only a reasonable or legal steps for the expropriation of the land of the
practical necessltj,f, such as would combine the spouses for die purpose of developing it for low
greatest benefit to the public with the least cost housing for Me less privileged Out deserving
inconvenience and expense to the condemning city inhabitants. The spouses then filed a petition
party and the property owner consistent wlM for certiorari and prohibition in the Rte, praying
such belleflL [T-Iosikip pa C1!t_].' ofMs4, ER No. 136349, for the annulment of the Resolution due to ill
Jon. 23. 2886] being unconstitutional, conliscatorgr, and without
force and effect The City countered Mat the
Q: Hay LGU! cxprupriate a pro-party to provide a Resolution was a mere authorization. Hence, the
right-ni-way m residers of a sulndiviskln?
suit of' the spouses was premature. Will the
petition for certiorari and prohibition prosper?
A: HD. Considering that the residents who need a

A; HD. Eertlararl did not lie against the Sanggllnlang
feeder road are all s1.rl:l=dl'.r1s11:ln let cl-wners. it L: the
Panlungsud, which was not a part of the ludlciary
obligation of the sutidivisliln owner m acquire a right:-
settling an actual cnntroversgr invl:l]1.r1ng l egal l y
of-wajf fur Lhem. However, the failure of IJ1e
demandable and enforceable right when it adapted
subdivision l:lw'11e1' to- |:+rc|1.r1de an access mad dues not
PDLITICAL LAW
Resolution No. 552, but a legislative and poliqf- owner of the building or house. x Filed a written
making body declaring its sentiment or opinion. request far a permit to construct El building on a
FurLl'lermore, Me remedy of prohlhitlon was not parcel of land adjacent to their gasoline stati¢1nL
called for, considering that only a resolution The request was denied because the proposed
expressing the desire of the Sanggrunlong F-rmlungsod building would destroy the view or beauty at the
to expropriate the petitioners' property was issued. It public plaza. :ii proceeded with die construction of
was premature for the petitioners to mount any die budding without a permit because his former
Judicial challenge, for the power of eminent domain house was destroyed hs a tjfph-o-on. x was charged
could be eotercised be the City only through the tiling and convicted at '.-*iolatiltg tile Drdinance or
of a verified complaint in the proper court Before the having constructed a building that destroys the
Eltj,r as the expropriating authority filed such 1.rerified view of the public plaza without a rna5for's permit.
complaint, no expropriation proceeding could be said [s the ordinance valid'
to exist. Untll then, the petitioners as the owners
could not also be deprived of their property under the
As ND. The ordlnanoe is unreasonable and oppressive,
power of eminent dolnaln. [Spouses Antonio and Fc u.
in that it operates to permanently deprive appellants
04. on No. 156684, April 6, 211111
of the right to use their own property; hence, it
oversteps the bounds of police power, and amount to
Q: Petitioner I-limiayang Pilipinn Filed a petition Ra a taking of appellants' property without just
annul an ordinance whidt provides Irjlat at least compe11sa1:lon. But while pl'operty may be regulated
6% of the total area of every private cemetery in the interest of the genera] welfare and, in 113
shall he set aside for charity burial grounds of pursuit, the State may prohibit structures offensive to
deceased paupers. Petitioner alleged Utat the sight, the State may not under the guise of police
ordinance is an invalid exercise of Me power of power, permanently divest owners of the benellcial
eminent domain as they were not paid just use of their property and practically confiscate Uaem
eonlpensation. However, the City government of solely to preserve or assure the aesthetic appearance
Quezon city argued that the ordinance is an of the comrnunlty. To legally achieve that result, the
exercise of police power, hence, just nlunll:ipality must give the owners just
compensation is not necessary. is the ordinance compensa1:lon and an opportunity to he heard. The
valid? Drdinance was beyond the authority of said
municipality to enact, and is therefore null and vold.
A: ND. The power to regulate does not 1ndude the [People v. Fojordo, ER No. L-12IL72, Aug. 251, 1958]
power to prohibit. A fomOd, Me power to regulate
does not include the power to confiscate. The Q: The Philippine Tourism Audloriijr sought the
ordinance in question not only l'IlII]lfl.§l'I3l:E'3 but also expropriation of 282 hectares of rolling
prohibits the operation of a memorial park cemetery. land situated in Barangay Ajubuog and Bahag, Eehu
There is no reasonable relation between the setting City, under an express authority to aequirle by
aside of at least 6% of the total area of a private purchase or by any other means any private land
eemeterles for charity hurlal grounds of deceased within the tourism ZDIIIE. Petiijozner contended
paupers and the promotion of health, morals, good that the taking was not for puhlir use and Mat
order, safety, or the general welfare of the people. Mere is no sperili-c -constitLitioi:iaJ provision
authorizing Me tal-:ing of private property for
tourism purposes. Is die contention valid?
5ect:lon 9 of the assailed t]rdinanr:e is not a mere
police regulation but an outright confiscation. It is not
a:l1 enerizioe of police power but eminent domain. It A: HU. Expropriation Br the PTA under PD. 564 of
deprlvs a person of his private property 1.ndd'lo1.it duo land owned by the local government for promotion of
process of law and witl'Lo1.lt payment of just tou.1'isln is 3 valid e:l»:erelse of the State's power of
compensation. Instead of blulltiing or maintaining a eminent domain. The concept of puOiic use is not
p1.lb11c cemetery for this purpose, the city passes the limited to tradit:l-ona] purposes. I-Iere, as elsewhere,
burden to private cemeteries. Police power does not tile idea that "public use" is strictly limited to clear
involve the taking or contllaca1:ion of property with the cases of "use by Me public" has been discarded. The
exception of few cases where 'there is a necessity to state's power of eminent domain extends to the
conE5-cate private property in order to t1e51:ro!," lt for expmprlatlon of land for tourism pu r'poses although
Wie purpose of protecting the peace and order and of this specific obiecdve is not expressed in the
promoNng the general welfare. [Quezon thy to Fricto, constitution. The policy objectives of the framers can
on No. L-34915, June 24, 1983] be expressed only in genera] terms sudl as social
just:Iee, Ideal autonomy, conservation and
development of the nat:lonal patrimony public
Q: The niunieipal council of Baao, Camarines Eur,
interest, and general welfare, and fig others. (Heirs of
passed an ordinance providing that any person
r=1rci'ono if. Reyes, on Ho. on Ho. I-lso54s. Dot 26,
who- will coosiruet or repair a building should,
1983]
before doing such, obtain a written permit from
the I4-'lunieipal Mayne and if said building destro].rs
the view of Me Puhlie Plaza or oe-:upies any public Q: Spouses 1-lipnlitn are the registered owners of a
property, it shall be removed at the expense of the parcel ul' land in Santa Ana, Manila. They applied

Inr permission m erect a strung-material authorities may perceive in be undesirable a1:ti1.-'i1:ies
residential building DH the It. Far more than 4l:i or enterprise using the power to tax as "a tan] for
days, the city engineer Mai: ne act:lenL Wherefore, reguL:atlan'. [Bases u. P1'tiHp-pine Amusement .rrrid
Hipniit-n write him a Iemer rnaniiesting his Gaming ILT4:rrp4:rmIInn. so: Na 91648, May 14, 1991]
readiness m pay Ulf fee and to comply with
existing ordinances governing the iss11anl:le of
Q: The President, through AD. 3?2, ordered
building permits. The engineer declined to issue
the withholding of 10% of the 1.EI.Is' IRA "pending
the p e rmi t as ace-aiding to the Urban
the assessment and evaluation lo' the
Commission's Adnplbed Plan fer tlle Sta.. Ana, the
Development Budget Coordinating Committee of
streets will be widened to the respective widths of
the emergjog Eoeol situotioii" in the oouotry. Is the
22-m. and 1D m and will affect the prnpnsed
OLD. valid?
building. Was tile en gineer cnrreet in net issuing
the permit?
A; NG. A basic feature of local Fiscal autonomy is the
automatic release of the shares of LGLTs 1h the
A: HD. The refusal of the city engineer to issue a natlona] internal re'.renLle. This is mandated Br [ID
building permit to private landowners constitutes less than the Eonsl1tutlorL The Lac specifies further
taldng when there is no law DT ondinanoe requiring that the t*e]ease shall be made directly to the LEU
private land owners to conform to the proposed eonoerned within five days after e'uer.,'l.r quarter of
widening of the street approved Br the Urban the year and "shall not be subject to any lien or
Eoinniission. Where the City" has not expropriated the holdback that may be imposed IJ-.'l,r the national
strip of land affected Br the proposed widening of the government for whatever purpose." As a rule, the
street, inasmuch as there is no legislative authority to term "shall" is a ward of command that must he given
establish a building line, the denial of this permit a compulsory meaning. The provision is, therefore,
would amount to taking of private property for public lmperati1.-'e. {PJ'mentel' or. v. Aguirre, are No. 132988, Jrflv
use under die power of emillent domain without 1s,2oor:u
following the procedure prescribed for the exercise of
such power. The city engineer required to issue the 4 In 1993, Cebu tier imposed amusement taxes
building permit upon payment of the fees. {'Hipolito it linder Sec. 14D of tlle Luc and passed HRevised
[.'lt}" o.IF!-!l0'nilo, is No. L-a88i Aug. 21, 19501 Dmnihus Tax Drdinance of the Citjl' of Eehu." Secs.
noTE= Prlvate property already devoted to public use 42 and 43, -Chapter al of the city ordinance requires
can still be a subject of eicpmpriation by 'l:Iongress but proprietors, lessees or operators of theatres,
not by LEUs. cinemas, ooneert halls, l.'iroLlses, boxing stadia, and
other places of amusement, to pay an amusement
tau: equivalent to 30% of Me gross receipts of
admission liees. Meanwhile, RA. 9187 was enacted
oo [one T, 2002 creating die Film Development
Nature: ul' the power it' taxaljun of LE U5 llou.nl:il of the Philippines [[-'DCP]. Sees 13 and 14 of
REL 9187 provided for the :ax tl'ealJnent of certain
Although the power to tax is lrlhobent in the Slate, the graded 1i.lms - film producers were to be entitled
same is not true for the LGUS to whom Mio power to an ioeentive equivalent to die amusement ms
must be delegated b:.' Congress and must be eocrrdsed imposed and collected by tlle cities, subject to
within the guldellnos and limitations that Gongross various relies depending on um g;rad-e of their film,
may provldo. [Gemma U. Fiffpinos Shelf, ER. Ho. IB?63, to be remitted to the FDEP. FDEP had sent demand
j'r.r{_1-' 8, 2815] letters for unpaid amusement mx reward with jive
percent surcharge or eadi month of delinquency
dun m me producers. The proprietors and cinema
a.RH-11'-"l'1 ta1-'in*= mwvr operators refused to remit the amounts while Cebu
laity insisted on its claim on the amounts in
The ARMM has the Iegislatlve l:"-wtr to create question Theo, Eebu city filed a petition for
suurcles of revenues within 118; territnrlal Jurlsdlcdan declaratory relief before FM; Branch 14, asking it
and 5'l.1bie4.'t to the prmrlslnns of the 198? Canstitu1:iun to declare See. 13 and 14 of R.A. 9767 i.l1'i'aJid and
and national laws 11 SIB? Enns'nruIIun,.4r'L X, Ser; ggfgjj unoonstitulional. Eoloo Heritage Corporation filed
a similar petition before tbe RTE Brandt 5, seeking
to declare Sec. 14 unconstitutional. The RTC
Q: Eau Ulf local gnwemmenlzz tax natinnaj devclaled See. 13 and 14 Cd RA. 9167
government irlsnumentalities? unooustitutional. The RTE said what ERA. 9161
seeks to accomplish is Ute segregation -of
A: He. Sec. 133 of the LGE states that "unless amusement laxes raised and collected be Eebu -:by
otherwise provided in the Code, local governments and ils subsequent transfer to FDEP. This, it said, is
cannot tax national government instru mentalities. a oonfsofitorgf measure where the national
This ddetrlne emanates from the 'supremacy' of government esoacns money' from tJle local
Natl-final gcurernment d1.rer local government; govermneofs coffers and transfers it to the FDEP, a
Dtherwise, mere creatures of the Slate can defeat private agency, which in mm, will award the
Natjenal pdllcies thru exterminaden of what le-cal money to private persons, 1i.lm producers, for
PDLITICAL LAW
havingprnduued graded Elms. is the RTE comet? except If there is unmanageable public s)eet1:lr
deE1:it.
A; TES. Under RJL 91EI'J", covered LGUs steel] have the
power to levy amusement taxes, albeit at the nod of Q: Mandanas, it al, ajilege Mat the insertion by
the Dar. dhey will derive no revenue therefrom. The Congress of dhe words internal revenue :in like
same, however, cannot be said far FD-EF and the phrase natinnni taxes found in Seetian 2114 at the
producers of graded films since the amounts thus LGE caused the diminution of the base for
levied Br the LGLIs which should ri.g]'Ltfu]l3-' accrue to determining Me jiusrshure of the LGUs, and should
them, thej.r being the taxing audlorlt'y-wil] be going to bl: declared unennstimijnoal as it enntravened
their coffers. As a matter of fact, it is only t.hrougl1 the Seetinn 6, Article x of Me 1987 Ennstitutian. Is
exercise by the LGU of said power that the fLLnd.s la be limiting the LGI.l's [RA no national internal revenue
used for the amusemerll tax reward -can be raised taxes enntrarjr to Lhe Constitution"
Without said imposition, the producers of graded Elms
will reoeh-'e nothing from tile owners, proprietors and
lessees ofelnemas operating within the territory of the A: \'[-3. Eettlnn i5-. Article x the HE? Ennstltutinn
covered LGU. textually canlmands the allocation to the LEUs of a
just share in the natlnnal taxes. Earrgrjng but the
Taking the resulting scheme into consideration, in is prn1.rlsinn's mandate, Congress enacted Section 294,
apparent that what Gongmss did in this instance was Title III (Shares as' Luna! Envemment UnOu In the
not Lu exclude the authority to leery amusement takes Proceeds as' National' Taxes), of the LEE wealth says,
from the taxing power of the covered LEUs, but to "Seetlnn 284. Allotment as' Internal Reuenue Taxes -
earmark, if not altogether confiscate, the income to be Luca! gauemment unfm shut! have .ii sNare in the
received by the LGU from the taxpayers in favor of and natlnnal' internal revenue taxes xxx"
for transmittal to FDEP, instead of the taxing authorit§.I'.
This is in dear conuauenOon of the constltll.Ltlonal The phrase national' ha ternni revenue taxes engrafted
command that taxes levied be LGUs shall accrue in Section 284 is undoubtedly more restrlct:l1.re than
exclusively to said LGU and is repugnant on the power the term natioraof taxes written in 5ect:Ion 6. As such,
of LEUs to apportion their resources in line with their Congress has actually departed from the letter of the
priorities. 1981-' Constitution stating that no'tionai taxes should
be the base from which the just shore of the Loo
It is 3 has je precept that the inherent legislative powers comes. Such departure is inipermlssihle.
of Congress, broad as WE may be, are limited and
ennflned wllhin d'Le four walls of the Constitution.. It 15 clear front the fnregu'ing L'1ar1F1ea1:il::n that the
Aecnrdingly, whenever 1j'Le legislature exercises its efxrlusiun of ether national taxes like customs duties
power to enact, amend, and repeal laws, it should dn so from the base for determining the Fust share of the
wl1:11nut sales beyond the parameters wrought by the LGUS cnntranrened the express constitutional edict in
urganil: law. Section E+, Article x the 19851' Constitution. {Mun.::l'nnl:1s
if. D-dl-l§lut:l'. ER. ND. 199802, MJ' 3. 2818]
In the case at bar, through the application and
enforcement of Sec. 14 of RA. 'EI'1E-T, the income from 3. Equitable share in the proceeds it' the utillzatien
the amusement taxes le=.I'1ed by the cmrered LGUs did and development of the natlnnal wealth wit.hi11
rat and will under nu circumstance accrue to diem, nut their areas. H I S ? £'l:l'nstituHnn Art X, Sec. Fe
e1.-'en partially, despite being the taxing authority" fE'5JT
Merefnr. -Congress, Lherefnne, clearly overstepped its
plenary legislative pclwer. the amendment being
1.de-lative of the fundamental law's guarantee in Inca] Prin-'iplp1 3n'.tprnin:! p1ipr-"iw of taxing and
a1.Ltn nnmjr. [Film Dewlnpment ti'4:l»u::rdi nfthe PiuHp.pln-es rwrnur-4harin!I rmwpr~1 of L11111 HIE- NnFriv -
u. Colon He'r1!t.l::rgs Realty Cnrparxzrtiun, ER Nu. 203.754, 1-T]
June 16, 2015j
1. Taxation shall be uniform in each LGU
Hair sources of rlcvcnucs of LE Us [TFC-IRA-ES] 1. Taxes, fees, charges and other impositions shall
be Equitable and based as far as practicable an
the ta:-:pa.ver's ability to pay; it shall be Ievled and
1. Taxes, fee; and charges. (I 98? ILTen5nmnnn Arr; collected only for public purpose; it must not be
143942. 5.t [TFC] unjust, excessive, oppressive, or contiscatorg.-', it
2. J'tltertml' Revenue Aifennent [IRA] - lust share in must not be contrary to law, public policy,
the nadenal taxes which shall be aummatlcally national economic polis.-', or res1:raintoE1:l'ade;
released je them. [1989 Cnn3t1mnnn Are X. Sec. 3. The collection of local taxes, Fees, charges and
61 other impositions shall in no case be let to any
private person. [l'ioPrlv]
4. The revenue collected shall inure solely
MUTE: The current sharing is 40% Ieeal and [solely-1] to the benefit :JE and be subject to
61% national. The share cannot be reduced
disposition Br. the local government unit,
ll,11less qnrriflrallli' r:lr'n1l.ri4'l.prl.1'l'lerpIrl.
231
XIIL LDCAL GDVERNMENT5
5. Each local government unit shall, as far as the taadng powers of LELIS.
practicable, evolve a plnogreaslve system of
Taxation. [LGLZ Sec 130] Require me nu for a valid tax urd inane [PLr[~NN1
Principles guvcrning Emaocial affairs, 1. The lax is for 3 publlr: purpose;

rraniarlinni and npvraticr Ni of LGIT'-I 2. The rule run unlfnrmilyr of laxalicnll is ubsernred;
1 Either the persuun at property taxed is wmun the
iII.Lr1s»dlL't1nn of the government levying the lax; and
1. Ho Inonu shall be paid out of the Luca] treasury 4. In Me assessment and e01Med5n of certain kinds
except in pursuance of an appropriation of taxes, notice and eppermnltyr for hearing are
ordinance at law; pmvlded. {Peps{-Cnia Bntdfng in. 1l-'_ Munku'puIa4'
2. Local government h.Lnds and monies shall be 4:lj'T4:ri1l:lu4:l'n. ER Na L-31156, Fehmary 2?. 19?6j'
spent soleljr for public purposes
3. Luca] revenue is generated onl.'l.r from sources Puhlieatieo Requirements
expressly authorized by law or ordinance, and
collection thereof shall at all times he 1. Two modes of apjprlsjng the public of 3 new
acknowledged properly; nndinallne according la Sec. 43 of the Local Tax
4. All monies officially received by a local Ends {.4Hie1:i T'J'u'end up £1'r.y l:lf MI:1niJ'l:l., ER. Na L-
government officer in any capacity or on any 40296, t4'ave~m!1»ef'3I, 1984]
occasion shall be accounted for as local Funds,
unless otherwise provided;
3. BY means of publlcathon in a newspaper of
5. Trust funds in the local treasury shall not be paid genera] dncula1:1o n, or
out except in the fulfillment of the purpose For b. BY means of posing of copies in the local
which the trust was created or the funds Leglslative ha!! at premises and in other
iecelved; conspicuous places within the terrltorjal
6. Every officer of the LGU whose duties perrnlt or jurlscllclion of the local government
require the possession or l:1.l.sll::d1.r of local funds
shall be properly bonded and such officer
shall be accountable and responsible for 2. wlmm II] days after the approval, certified true
said funds and for the safekeeping copies pf al] provincial, city a.TLd municlpa]
ordinances pf revenue measures shall be
thereof in conformity with the pnoWslons of
published in mu for 3 cnnseculive days in a
1a'-*-4
newspaper of Iucal circulation. Pmvlded, however,
T. Loca] go-vernmenls shall formulate sound that in prcl-vlnces, cities, and m1.Lnicipa]:i1:ies where
tlnancial plans and local budgets shall be based there are ne newspapers of Meal clrculatlan, die
on functions, activities, and pnoiects in terms of
same may be pasted in at least Z cnnsplcupus and
expected result;
accessible places.
8. Local budget plans and goals shall, as far as
practicable, be harmonized w i th national
development plans, goals and strategies in order Pruwdural requirements Inr a valid rcwnue
to optimize the utilization of resources and to ordinance
a1.rold duplication in the use of fiscal and physical
resources. 1. A prla-r public hearing D11 the measure to be
conducted aeennding to the prescribed rules.
9. Local budgets shall ogperationallsae approved local
development plans,
NDTE: An cmdinanee 1evI.ri11.g taxes, Fees ar
10. LGl.Ts shall ensure that their respective budgets
incorporate the nequinemenls of their charges shall nut be enacted widieut any prlnr
l:'ul:lllr: hearing eundueled Eur the purpose.
component unit and provide for equitable
[Fignrerra v. 8.4, IL'F.R Nu. 1191 F2, March 25,
3.l.lgII'_'3ljg]'l. Elf nesouroes among these component
1999]
urli&
11. National planning shall be based DH local
planning m ensure 111st the needs and 1 Publication of the tax ordnance, 'Mthln 1D days
aspirations of the people as articulated bi' the after their approval, for 3 consecutive days in a
LGUs in their respective local development newspaper of local circulation, provided that in
plans are considered in the formulation of provinces, cities, and municipalities where l;l'Le1'e
budget of national line agencies pro-Elices; are no newspapers of local r:irmlatlon. the same
may be posted in at least two [2] conspicuous
12. Fiscal nesponslbllltJ.r shall tie shared by all those
and publicly accessible places
exercising autltorirj,-' over the fln.anc1al affairs,
tl'ansactions and operations of LGT.ls,and
MUTE: I f t h e lax nrdlnanee or revenue
13. The LGU shall endeavor to have a balanced budget
measure en-nlalns penal pmvlsiens as
in each Esta! year of operation. 1:.Gc. Sec. sos;
authorized in Arr. 2Elnnf this Rule, the gist of such
lax -nrdlnanee DJ' t*e'.ren'LLe nleasuve shall be
r4uTE= The generall prlnciplrs an tzlncaliun also apply to published in a newspaper of general elneuladen
PDLITICAL LAW
within the prnwrjnne where the mngguniun concede the legality or justice of the claim DT his dut;l.r m
l.'m14:erned belong. HRH off. GC, Art 2?6} pay it, or 'Lhat he disputes the amount demanded; the
object helng to save his right to neeover DI' reclaim the
amount, which right would be lost by his acquiescence.
Effcctivitv of tax urdinannc
Thus, taxes may be paid under "pa:ltest". (81443 Low
Dictionizuj.-'_J
In case Me eFfe1:llviq.r of any lax nrdlnanee or
revenue measure falls DH. any date other than the Requisites of a valid tax piniest in a LGU [PAP]
beginning of the quarter, the same shall be
eullsidered as falling at the beginning of the next
1. Taxpayer Eirstpcaryrs the taxes
ensuing quarter and the taxes, fees, Ur charges due
2. There shall be annotation on the tax receipts the
shall begin m aeerue therefrn m. (ERR afLI§IC. Art 2F61
we-rds "paid under protest?
3. The protest in writing must be filed 'udthin thirty
Q: The Pnnvinee it' Pala van passes an nMinanee {3a] days from payment of the :ax ta- the
requiring all nwnersfeperatnrs of fishing vessels provincial, city treasurer III]' municipal treasurer,
that H511 in waters suwnunding the province to in the case Ni a municlpalit'y within Meniapdlitan
invest ten perelent [ill%] of their net prniils from Manila Area, who shall decide the protest within
nperatinns therein in an].r enterprise located in, sixty [60] days from receipt (LIE, Sec. 2521
Pala van. NAKED Fishing Corp., a Fl ipina
corporation with head nfliee in Navetas, ll'[etm~ NDTE: A claim for tax exemptic-n, whether full or
E4-'laniJa.. ehallengea Me nrdinanee as partial, :Ines not deal with the authority of local
unmnstitutin-nal. Decide. [1'EI"EI"1 BAR] 3S§E5SD1" to assess rea] property lax, but merely raises a
question of reasonableness of cn1'rec1:l'1ess of such
assessment, which nequlres compliance mm Sec. 252
A: The ordinance is tmraltd. The ordinance was
of the Lee [Campjahn Hay Dcucfcp-aaacnt Earp-amtinn v.
apparently enacted pursuant to Art Jo, Ser; 7 of the
Ecntml Eward o,I'Asssssmsnt Appeals, as Na 169234,
Constitution, which entitles local governments m an
D'cE4§rII»e'I'Z_ 3813]
equltahle Shane in the proceeds of the utilization and
development of the national wealth within dielr
respective areas. However, this should he made Ramp"lip=a available if: *hr 1n11< rn prlf-1rf'f the
pursuant to law. A. law is needed to implement this D="£m#1'1'fnft=wr~1 [Pl-»\l`!'
provision and a local government: cannot constitute
itself unto a law. In the absence of a law, the 1. Imposing penalties [surcharges and penalty
ordinance in question is invalid. interest] in ease ofdellnquenq-' [.LEFC. Sec 168]
2. Availing Luca] go1.reroment's liens (LET See. I?3.J
P¢utlmril3r to determine the lcgaliry Ur 3. Adminislratlve action through distraint o f g o o d s ,
prnprietv of a If cal tax urdinancc DI' revenue chattels, and other persons] property ILGC,
meamu:e
Ser; I ?4{l:l}j
4. Judldal action [LIE See 1?4{a}Jr
It is the Secretary of Iusliee who shall d e l e r m l n e
Eummunitv my
questions un We legality and ennsliuitiunalitjf it.
ordinances at revenue measures.
It is a pull or lzapllali-an Lax which is imp-used upon
person who resides within a super:iRed lerrltarj.-'.
Such questions shall be raised un appeal within thlrt'j.-"
d ays f ro m the elTe1:t1'l.f1t1r theveaf to the Secretary at
justice who shall render a declslan within sixty days Expmptprl [mm the l1a\m\p1'1t of -:nmnmniw tax
from Mme date ufrecelpt of the appeal.
1. Dlpl::lmaljc and mns:Jla.1' tie presentzatives;
N D TE : S uc h appeal shall nat have Lhe effect of 2. Transient 1.-fisltnrs when their stay in the
suspending the eEfecti1.rlt}.-' of the ordinance and ILl'Le Philippines does nut extend 3 months (LET. S er :
accrual and payment of the tax, fee, or charge le'l.fled I55l}
Miereln: Prmrlded, Flnally, ljiat within TJ:\irq"' days after
reelelpt of the deeislnn ar the lapse of sixty days Flfnllwrnu-rrt1r talrpl
without the Secretary of Jusliee acting upon the
appeal, the aggrieved p a r t y m a y file ap p ro p riat e
These are directly imposed on privilege to one real
preeeedings w it h a r:euJ't of e a m pe le nt iurisdjelzlan
properly such 35. land, building, machinery, and ether
[ R T E1 [LE-E See ISF]
improvements, unless speetihcally exempted.
Tax Print-est
II: After Ute effeetivitjr it' LEC, Ba]-'antel was
granted be Cungressa legislative franchise with
It is a formal statement, us11.a]]3-' in wTi1:ing, made by EJ
:ax exemption privileges which partlgf reads:
person who 13 called up-un by public autharltj," to pay a
'the grantee, its SIJECESS-DFS or assigns shall be
sum a-E money, in whom he declares that he dues nut
Iiahle to pay dhe same taxes an their real estate,
233
buildings and personal property, esdusiire of 1. Permanent Closure
This franchise. as other persons DT corporations 3. No permanent closure of any local mad,
are now or hereafter may be required hr law to street, alley, park DI' square shall be elected
pay." This provision existed in the company's unless there exists a compelling reason or
franchise prior to the effectivity of the LGE. sufficient iustlficatlon
Quezon City then enacted an ordinance
b. When necessary, an adequate substitute for
imposing a rea] property tar. on aU real
the public facility that is subject to closure
properties located within the city limits and shall be pro1.-'1ded. No Freedom park shall be
withdrawing all exemptions previously granted.
closed permanently' without provision for its
Among properties covered are those owned by the
transfer or relocation to a new site.
-company. Bayantel asserts that in properties are
exempt from tax under ils franchise. is Bayantel C. No such way or place shall be permanently
correct? closed without making provisions for the
maintenance of a public syn enl
d..in property permanency withdrawn from
14: YE The properties are exempt From taxatl-cm. The
public use may be used or conveyed for any
.grant al' taxing p-l;~we1's In Inca] ga1.rernmen8 under purpose For which other real property
the Cnnslimtinn and the LGE does not affect the perter
belonging to property may be lawfully used
of Cnnpeee m grey nt laxerzemptln ns.
or conveyed.
E. tlrdlnance must be approved by at least ers
The term "e.1»nL'lusi1.re of the franchise" is interpreted to of all members of the Sanggunian. {Artl'c[e
mean properties actualI5r. dlreclllr and exclusively 4-4, Implementing Rules and Re-rgr.r{at|ònsJ'r
used in the radla and leleeommunieatlcms business.
The subsequent piece of Ieglslatidn which reiterated
the phrase "exclusive of this franchise' found in the 2. Tum p-nrarjr Closure
previous Lax exemption grant ld the company is an 3. During Fiestas for a period not exceeding 9
express and real intentldn on the part of the [Ingress days
to once again remove from t.l'Le LGE's delegated b. During agricultural or industrial fairs DT
tandi power, all of the cnmpanl-f's prepertjes that are exp-ositions for a period as may be
actl:lallj.r. dltecdy and exclII.l311.rel!.-' used in the pursuit of determined to be necessary' and reasonable
lls franchise. [The -Elr_i-' Gouemmeaclt of Queen my, or so.,
e. W'hen public works, pnoiects, or activities
u. Haydn Telfecommunicntiin-ns, Inc, ER. Na I452-D/5,
are being undertaken, for a period as may be
March 6, 2005)
determined necessary for the safety,
security, health or welfare of the public or
Elelucnis sn that ElL* President Iraq intcrlcrc in when such closure is necessary' to facilitate
local Fiscal matters completion of the pnoiects or activities
d An LGU may temporarily close and regulate
1. An unmanaged, public sector deficit of the the use of any local street, road,
national government; thoroughfare, or public [place where
2. Consultations with the presiding ofF-cers of the shopping malls, Sunday market, flea or night
Senate and the House of Representatives and the market, or shopping areas may be
presddenm of the various local leagues, established and where goods, merchandise,
3. And the corresponding recommendation of the foodstuff, commodities, or articles of
secretaries of the Department of Finance, commerce may be sold and dispensed to the
Interior and Local Government, and Budget and general public
Management {Pime'rlteJ. or. v. Aguirre, GR. No. E. No national or local mad, alley, park, or
132933 I1HJ»' 19, 2W0}. square shall be temporarily closed for
athletic, cultural, or civic activities not
-In l1b1ll=l:l='l»!Tlll!u :»l.*I1JfrlllirM'={l1 I offid ally' sponsored, recognized, or approved
by the LGU. [.4rhcle 45, Implementing Rules
.and Re r.rfl:ltions,l
An LGU may, pursuant to an ordinance, permane]illy
Ur tenlpnrarll],f close ar 11pm any Iucal ]'ll:lall1, alley,
park, or square falling 'uhdthin 113 1 urisdlr:1:ion. 11g,IL.1"l1*1=l£lll.t1:l:_
111 the case of permanent c]nsuJ'e. such ordinance must Nature of local in Ll`sLativc powers
be approved by at least 2.8 of a]l members of the
san.ggunian. and when necessary, an adequate It is a Fundamental principle that municipal
substitute for the public Eaclljtyr that is subject to ordinances are inferior in status and subordinate to
closure is provided. [Section 21, Luca! Gov-ernment the laws of the State. An ordinance in conflict with a
£'ade,T state law of general character and statewide
application is universally held to be invalid. In every
Eindi power to pass ordinances given to a municipality,
there is an implied restriction that the ordlnanc8
PDLITICAL LAW
shall be consistent with the general law. {8a£an.gl:1s Vice-nlaynr

C.*1.T"l.-' u. Cnurr 4:1-.,f.4ppe|:l{s., G.R Nm 138818, Searer her 4. Mrun$y - Suqgyunfung bumnyny - Punang
25, 2004] Ear s]ygjaif
non : The p r e s i d i n g nliicer 381311 vote unll.r to break a tie
MUTE: The rule against undue delegation of Pjsc 49[ln} LEE]

legislative powers applies m LGUs. In the case of
Gallegos u. Tscrl Poo Ho [cm No. 29644 Elctobar IQ In the absence of the regular presiding o»FE1:er DI' his
15259, a city ordinance was declared 1.-'loid because lt inability m preside at the sonppunion session, the
constituted undue delegation ofleglslatiore power to members p1'ese11t and oonstiouling a quorum s h a ll e le c t
the Mayor. The ordinance did not lay down any from among themselves a temporary presiding oMeer.
standard to guide the Mayor in the exercise of his [LIE Ser. 49,l'h}; Gambol u. Aglufrre, IL'F.R Ho. 134213. }r.r{.4f
discretion in the issuance or denial of a n a l i e n 29. 1999;
employment permit
Q: May an incumbent 'l":ice-Guvernar, acting as

Th P ."i'rmI;l'18'rmi1m glwerner, e-nnljoue to preside over the sessions of
Me .*.Iung4l.'r.~.'m1.I;I' Pnniniuwignn {5p.l? If nut, who
A snrigguniun is a collegial body. Legals]atton. which may preside in the meantime'
is the principal Wnction of the sangguniam requires
the participatlnn :JF al] its members SD that they A: ]'hl-D.A "l.f1-ce-Governor who is concurmndy an acting
may nal only represent the interests of their
governor is actually a quasi-governor. For purposes of
respective -eonstiments but also help in the making exercising his legislative prerogatives and powers, he
of deelslorls. by voting upon e1.rer§l.r question put is deemed a non-member of the SP for the time being,
upon the body. 4"Zarrror'a v. Eohnifero, G . R N o . Being Me Acting Governor, the 'ufice-Gmrernor cannot
1 4 ? ? 9 January 14, 2804] continue to slmultaneousl].r exercise Me duties of the
latter office, since the nature of the duties of the
MUTE: A petition for certiorari filed against a provlndal Governor -call for a full-dme o-ocupant to
Sanggunlang Panlangsod assailing the legality of an discharge tilem. Such is not only consistent aim but
ordinance will nat Ile since the Eanggunian is nat a also appears to be the clear rationale of die new [Lode
tribunal, board or officer exercising judicial ar wherein the poLicJ.r of performing dual functions in
quasi-iudicial Emcticlns. l'l.l§l:l fig mga Barongoy both offices has already been abandoned.
National v. Elga Mayor as' Manila, GR. Na 154599,
January 21, 2004] The creation of a temporary vacant.-' in the otfioe of
the Governor creates a corresponding temporary
Hn unwrr rn inhnnvva and hula ppr=ann=a in va-cancv in the office of the 'l.I'l-ce-Governor whenever
=:nnlf*mnr [14471. B481 the ]after acts as Governor bl.* virtue of such
temporary vacancy. The cont:lnulty' of the Acting
Eovernor's [Woe-Governor] powers as presiding
The contempt power and the subpoena power o f f e r of the SP is suspended so long as he is in sud
cannot be deemed Implied in the delegation of capacity.
certain Jegisiative functions to local legislative
Oodles. These cannot be presumed to exist in Favor
of the latter and must be considered an exception to Under See 49[tl], "in the event of the rabi llljr of the
5ec. 4 of B.P. Big. 33? which provides for liberal regular presiding oflieer to pneslde at 'Lhe sanggnrnian
nu]es of interpretation in favor of local autonomy. session, Uris members [present and eonstlluting a
Since the existence of these powers poses a quorum shall elect from among themselves a
potential derogation of' indivldua] rights, the law temporary presiding offer'. [Gomboo 4-'_ Aguirre, ER.
cannot Oe liberally construed to have imp]iedll.r No. I342I1d||'ufy29. 19993
granted such powers to local legislative bodies. The
intention of the people, through their Quorum in the sanuqunian
representatives, to share these powers with the
local legslatlve bodies must clearly appear in
pertinent legislation. l"!'l.l's;gr-os Dricntoi fl E'ier:i'ric Quorum is defined as the number of members of a
Cooperative Inc, v. Son.;rgulong Ponlungsod fig body which when legally assembled in their proper
Dr.rmogr.rste. ER. No. :.-?2452, November .1 Joss; places, vdll enable the body m transact Hs proper
business or that number which makes a lawful body
and gives II power bb pass upon a law, ordlnanee -br
Lneal legislative bodies and their presiding any valid a1:Ir_ 'l'vlaiorll3r",when required to constitute a
nfEners quorum, means the nILLn1ber greater than halt' or more
than halF bf any total.
1. Pl'nvlinel: - Smtlggurllang Punfafawigun -'I|"lce-
gD`|||'E]'DG[" Q: Wiint is the number that would determine the
z. City - Sunggunlnng Panfungsnd- any Vice - mayor quorum of our sanggunfnn Ula: has e Rom!
3. Municipality - Sungyuninng bu;-'nn - ]'vlu111c1l:+al
235
membership of Haven [II] indudim; Me vire- [LEE Ser: 53 UJ.F{f?JU
mayor?
Fi\1nL*1 nf!-T»r1'4inn=a
A.: The Sanggimlang Bayan is eunipnsed up eight [B]

regular members, the Lisa fig mga Ealrangay President Regular Sessions .- B:,' resanlulrinn D11 The 1 f1 day -l:»E1:he
and the SK Federaden President as ex-njicia sesslan Immediately Eulluwlng the election nflu
members, and Me 'ufiee-I»'[3rj,Iur as Presiding Clffleer. members
The total membership in a sanggunian bayan,
Liievefore, is eleven [11]. Special Sessions -When publlr: interest so demands,
:pedal s e s s i o n may be called far by d1L chief exeeutiue
Dr by a maje»rjt'.!,-' 'udte members dfsasqggunfan.
Section 53 o f the Local Government
Re]a1:i1.re thereto,
Code of 1991 provides that 3 majority of a l ] M e
members of the sanggunlan who have been elected NOTE: The minimum number of regular saessicrms shall
and qualllied shall constitute a quorum on transact be once 3 week for the :a11lg}gr.rm:li1.;II pnninlnwig an,
official business "]'vlajorltl.r" has been defined in s0'n9ggunil:ulg p.l:rn{un.;IIsa:ld'. and :l:lr4;lgun1aJ'1g Ircryun, and
Santiago vs. Guingona, et a]. [E.R. No. 13457-"?, 13 twice a month for the surqggunlurxg' mmlmwy. fLEE. Ser;
November 1998] as that which is greater d'Lan half o f 52 (011
'Lhe membership of the bolt1.'l"r.
Euirlr-li11r1 in mf mndm at a 'innggunivtn *:pllinu

Following the said ruling, slnee the total membership
of the sanggunlan being 11, 11 divided by 2 will g i v e
L It shall be open to public, unless it is a closed-
us a quotient of 5.5. Let lt be noted however that a
dEllI|T session
fraction cannot be considered as one w] 1o] e vote. slnoe
it is physically and legally impossible to divide a
1 No mo sessions, regular or speclaL may be held
Ina single da.1,r
person o r even his vote into a from:t:lonoI port. 3. Mlnules of the session be recorded and each
Ael:ordi]1l;l3.r. we have to go up to the next w h o l e
songlgunion shall keep a journal and record oflls
number, which is 6.
proceedings which may be published upon
resolution of the sanggunion concerned.
111 Mls regard, 15 15 more than 5.5 and therefore, mom 4. In case of special sessions:
than :me-half a l ' th e rata] membership of the
sangguniang hayan in conformity with the EI. Written notlee to the members must be
iurisprudendal deflnjlinn of the term mail::r1tj,r. served personally at least 24 hours before
t h e sp e ci a l session is held
h. Llnless otherwise eoneurred in Br 2,4 votes
Thus, the presence o f e members s h a l l already
of the son,q,gumon members present,
mnsdtule a quorum i n the sangguniang ba1"r]1 Eur it t o
there being no quorum, no other matters
mnduet -nffidal sessions {DJ'LG lflpinlnn Na 46-2009
may be considered at a special session
and L a Earfnra Eat_u et al, u. Any. Rex Raja, E R H n .
except those stated lnthe notice {I.GE; S e r . 52).
I8136? '41prJ'f 24, 2 0 / 2 )
Q: Un its first regular session, may the

Pr=afprlurp1 rn Tlr tHkpn to 1'T1r- prp'iir1ing nitirpr if snngguninn transact business other than me
t1l.{'T'l' in A qufitirrn nnqlfnrllw matter ul' adapting DI' updating is existing rules DI'
procedure"
Should there be a question of quorum raised during a
session, the presiding nfEeer shall: A : y 'm . T h e r e i s nothing In the language o f t h e LGE
that r e s t r i c t s the matters to be t a k e n up during the
1. Immediately pro-mend to call the ml] of the first regular s e s s i o n merely to the adaption DI'
members arurl u p d a O n g of the h o u se ru le s. fl'-a'o!:mzo U. Z a m o r a , on
2. Anna unite the result: [LIE Ser; .53 [411] No 13??13 July 2i Issi
Prnwrlurvi to [1p takpl'\ to *lu* nrvifding nfEn1-r if al I II I

I
I
l l !l l l . L
I
t11pT"{' in 11-0 -!'Hlll'IHlll'l
Drdinanu:
The presiding officer may
1. Declare a recess Letti] such time that quorum is As a munietpal statute, It Is a rule of conduct DT of
constituted action, laid down bj,r the municlpo] authorities that
2. E-ompe] immediate attendance of the members must be obeyed by the citizens It is drafted prepared,
who are absent without jusliEab]e cause pre mulgated by such authorities for the lnformati-on if
3. Declare the session adjourned for lack of quorum all r:oneerned. under and bl.* 1.rirtue of powers conferred
and no business shall be transacted If there is still u p o n them by law. {'Ll'mted Stores u. P'l:lhJ'o Tlp1!nIdod_ ER
ne qu-oruJn despdte enforcement of attendance No. L-3023, J'o'nuory 145, I9||D?JI
23-E
202 1 EDLDEN NIJTES
PDLITICAL LAW
R1~qui'iit~p~= Inf a141 it nrrlinauw' Inn:-cHpprm-nm; YPII1 of the Lnral lihivf Exfrutiw It-wa. Anna
E831
1. Must not contravene the constitution and an3.r
S13l'LllE The Loea] Chlef Exeeuli1.-'e may 1.-'elo the ordlnanee
2. Must not be unfair or oppnesslve o n l y once on the ground that Wie orldlnanee is uflro'
3. Must not be partial a r diocri mi oratory virus and preiudielal on publlo welfare. The veto must
4. Must not prohibit, but may regulate t r a d e be communicated to lethe songgunlon within:
5. Must not be unreasonable
5. Must be genera] in application and Consistent
1. 15 days for a prnvlnce
w i t h public policy. ;'Ha'_gtoj:1: v. Pryce Prmperdes
2. 10 days Eur a cit y DT municipality [LGEL Sans. 54
l'I'or'p~omtior1, I n n . I u 4 ' 2 8 1 9 9 4 ]
and.5.5T.|
NDTE: The mere fact tjlat there is already a general

HDTE: While "to 1.reto ar not to veto Involves the
statute cm.-'eriltg an act DT emission is insu Etlcient to
exercise of dis-cret:l-on," a mayor exceeded hls,r'her
negate the legislative intent to empower the
authority in an arbitrary manner when he..Fshe vetoes
municipality te- enact ordinances with reference te-
a resolution where there exist suMcient municipal
Ure same act DI nmissinn under the 'general welfare
Mnds from which the salary of the oncer co-u]d he
clause' -of the Municlpa] Charter [United Stoves v.
paid. The Mayor's reEl_Lsal in complying with the
Pescuef Pads, -:to Hn. I O363, September es, 1915).
directive of the Director of the Eureau of Local
Government that the salary could he provided for is
Hrdinanr* 1-Hr. Rr-'-=41llninn
oppressive. [Friar v. 5onggr.rniorl.g Eoyon of Dosol,
Ponglosin-rrn. ER No. 63216, March 12, 1534;
[no Merely .ii ds*f:'J'.l:rrcrti::ln of rue ll'p111*a Their *ht lnral chief pvcvruriw -:an 'w=t-:1 [4-1.p~
sentiment DI' npinfnn of 4:t ML)
fuwmuhing body an U'
wefigic mutter
1. Item,,I's of an appro privation ordlna nee.
Gen oral and permanent Telnpurary in nature 2. Drdlnaneefresolution adapting local
uh-CITEETET
development plan and public investment
whim reading [9 GR: Third .is reading nut program
IHECEEHIJ* ,Fur an rrernessmj.-' 3. Drdinanee directing the payment of :money or
ordinance L'real:ingIial:lilit}.-' [LEE Sec. 55]
HDTE: Drdlnanees enacted by the snnggunlang

ER: Third reading is nut necessaryin 1nes01111:10n
bumnyay shall, upon appreual by a majority of all
its members be signed by die puring barungqy.
XIAN: Unless decided otherwise by a maiurily l::f a]] the The latter has no '.retlJ p-uwer.
Sa1*lggurLls.11 members ,l'Ro£IJ'e Amastra Inf: v. wrrnnnn
5.8. ND. 12B509,14ugust22, 20141151
#Lp llm'ral of nlrdiflallcpl
n e t s ; I t has b e e n held that even where the stature nr

1. 8:.' aliixlng Me sign.:-iolre of the M e a l c h i e f
municipal charter requires the municipality to act Br
executive D11 each and every page thereof 1r he
an erdlnanee. if a rewlutinn is passed in the manner
approves dhe same
and with the statutory formality required in the
z. By overriding L`he veto of the l ocal chi ef
enactment if an ordinance, II will be binding and
executive by 2/3 vote of all members of the
effective as an undlnance. Such resulutinn m a y
smqggunion if the local chief executive vetoed
operate regardless of the name by whim it is called.
the same{I. GC. Sec 54]
l'Favi8.' v. City of Bnguiq E R He iL-2991-ll April 25.
1969;
HDTE: A M1WUH[M mal].r l:*"5=:lde for a 'unle
nequlrenlent dlffenent [nut majority vote] from that
T*wrp rp==Idinr1 al' =m ~'rrr'Hin¢mI'p a1l=1wfr1 in n[l.p prescribed in U18 LGE far certain [but nut all]
Di! ordinances as in amending a zoning nrdinanrwe. ffaslna
II Churl' D1f}' P'FI'E0-Eh ER Hn 91192, Dar. 2, 1991]
There is nothing in the LGE which prohll:dTs= the Lhoee
oeadlngs of a propos e d o r O l n a n c e fr o m b e i n g h e l d i n Effcclzivinr nfnrdinancc nr rcsnlutinn
j u s t one s e s s ion d a y . I t i s n o t the function of t h e
c o u r t s to speoul al e t h a t t h e e o u n e l l o r s w e r e n e t e v e n
ER: After 10 days from the date a copy [s pasted In a
ample time for refleetlon and oircumspeetlon before
bl1.LI]et:ln board at Use entrance of the capital ar elton"',
t h e p assag e o f t he proposed ordlnanee be eondur: t 1ng
munielpal -nr tlarangajr hal] and in at least 2
three readings in just one do],r. {M'o{onzo u. Zamora_
CD nspicueus spaces. [LEE Sea 55 {n}_l'
EIR. No. lame fury 217. 1999]

XPN= Unless otherwise stated in the nrdlnance DD the -or or
or resolution [LIE Ser: 59 {nj'_1'. sanggunlang municipal
I pl:n1!un.g:ud fir llllllllel-

sanggunfung
Eflizct Ni the el1.ti:rrl:emcnt of a disapproved
nrflin-1 l1="p =or rp4f11 utinn I punghuyan
Ee-c' 56]
um; 8urnnguy
ordinance 4 .
suspended
It shall be a sufticienl ground for the suspension or until such time
dismissal of the official ar employee (LEC, Sea 581. as the 1evislcm
called .u-
Gr Ali no nuns requiring publication fur its effected [LIE,
effcfl:vitv Sec. SF]
1. Drc1iJ1anlL'es that carry with them penal sanctions

I£6421 Ser; 59 [co]
2. Drdlnances and resnlutlizi ns passed by highly Initiative: The Legal puce-ss whereby the neglstered
urbanized and independent eulnpnnent ellies voters afLGLI may di1'e\l:djf propose, enact DI' amend any
fLIL'FE Ser; 59 fdjl ardlnanee (LET See 1201
Review afurdioances ar resulutinns [IDD9 BAR 1

Referendum: The legal ptucess whereby die
registered voters of Me LGU may approve, amend DT
reject a.11l." drdinanee enacted by the snnqgggunfan [FEW
716l5l,5'er; I 2 6 ;
NDTE: Local initladve includes not only npdinances but

also nesulutinns as 1T3 appropriate subject (Garcia |.-_
'
_'i'mllgguniun.g 5angg1.lniaJ1g
cm\f1:.':.EE. GR 11 I230,5epEEmber. so 15541.
As to lwiq,l Panfafawigura Panlullgsfud DL'
Revival: 5angg1.Ln1a]1g
Ba],ra11 Limitaijuns on In-:aI initialjvc
As an H-'hen Within 3 days Within ii] days
fnpim' of aEter apl:lrn'ua] after 113 1. It shall nat be exercised for more than once a
ordinance enactment year.
or FESU z. It shall extend only m suhjeem ar matters which
Iudnns h are within the legal powers of the scrnggrmian to
mmnrwm enact.
'b"l"lli1l:l1
3 I] days Within 3D days 3. If at any time before the initiative is held, The
after the receipt; after the snnggunian en-neemed adapts in Tara the
["EEIE1FI1l pmpdsltlun presented and the Inca] ehlel'
executive approves 'Lhe same, the init:lat:l1.re shall
1. Exam1ne,,or be canceled. I-Iawever, those against such al:t:len
2. Transmlt to the may, if they so desire, apply for initiative in the
PTD5.l'l.T1.t§l3ll
attorney' manner herein ]Jrcl1.rideu:L I"LGIS1 See 124]
DI' prmrincla l
prosecutor. Prnclnd ure in cnndu :ting local initiative
.43 to P'EI"i 1 r If it is transmitted,
[U examine Me pro'uincLs l
1. Number of voters who should fi]8 p-etl1:iun with
attorney fir
Il\e5m1,ggunlan concerned:
prosecutor If\'!l1.I5'[
submit his
a. Pmvlnce and :tries - not less than
comments or
IDDD registered 1.rnters
recommendations
within II] days
b. Munietpallty - at least IDD registered
voters
h'om receipt of the
11 Barangagr - at least ED registered 'utters
document.
if nn- action has If no action has z. The sanggunlnn concerned has 30 days to act un
35 an in been taken within been taken the petition. If the sungguniun does nut take any
declared 3D days after wlMin 30 days favorable acE mL Me pmpnnenrs may lnuuke the
vnhid submlsslnn. after puwtrs l::fi]1l1:ia1:i1.l'e. giving nn1:1r:e to sanlgguniun.
submission.
As' to I-'Phan If it is beyond the IE incunsist4311t 3. Prnpunena wil] have the following number of
dEd'III"£ld' F+3'wEFcnnferred with the law or days to mlleft vequlbed number aEs1grlat1IJ.res
PDLITICAL LAW
a- Prcnrlnces and allies - 90 days conversion Governor Yuri asserts that all the
b- Mu niclpalitles - EI] days registered voters of the entiie province of Laguna
E- 8arangay - 30 days should participate in Me fplehiseite, because when
Me LEE speaker of the "qualified voters therein," in
4. Signlng of petition in a public place, before the IIl'lE3.ll'lS all The voters of all the political units affected
election registrar ar his designated by such conversion, and l:hat includes all Igor: voters
representatives, in Me presence of a of the entire province. He argues that The income,
representative of the proponent and of the population and area of laguna will reduce. Who,
sangguniun euneerned. beftween Mayor Xenon and Governor Yuri, is
eolrecfi' Explain your answer. [2016 BAR]
5. Dale of initiative is set b:." :am-4ELE:: if the
required n1.Lnlber of signatures has been oblalned
(LIE, See I22j'
Le Governor Turi is correct AJ] the registered voters of
[he Province of Laguna should be included in the
plebiscite as Me conversion of the Elly of Malumanay
Eff4:~1:tE'.-*itqr ufprupwlsitinn into a h1.gl'll1.r urbanized My will adversely affect the
Province of Laguna and 113 residcnu. Not only will it
If the proposition is approved by 3 majority of the reduce the province's territory, 1JIZlltE the Elly of
votes cast, II will take effect 15 days after eertifleatzion Malumana8 becomes a highly urbanized city, the
by the EGMELEIE. If it fails to otrtajn said number -of Province will no longer share in the taxes collected by
votes, the proposition is oonsldered defeated. (LET, See the city ofMalumana}r.Th1.l.s. to Ilmll die plebiscite to the
1231. voters of the clay of Malumanay would nullify the
prlndple of maiciclly rule. flfmuil' UP Commission on
Elections, on No. 203s?4..4.0l"i[22, 2814]
Rule of CDMELEE m-'er local referendum
The 10ca1 referendum shall be held under the control.

and direction of the can ELEC wllhin
rffnu 'L*ilr=pe rnntraWi
a. Pmvlnmes and cities - ED days
b| Munlcipalllies - 45 days
:_ 8l:1ra'r4gay - 30 days Ultra virus contract: are those which [El] -SR):
The EGHELEC shall :certify and pruclajm Me ressulm of Are entered into beyond d'Le express, implied or
the said referendum i'LEC5ec 126] inherent powers of the LGU; and
2. Du not ennlply with Me substantive
Rlllp nil rrnp=L mn:*1'1'ira1-inn Hun -'lmpndnlp1"1t of an reqult*emen13 of law ea., when expendllune of
ntrlinanw* nr DWM€iWnU annrnvv thrnllgh an public funds is to be made, Mere must be an
aemal apprnprlatinn and certifleate of alai laLai]1 Ly
of funds. :uma Bunk no' the PJ'1iJ'1ppines' UL
CiltEEI.]-"UI'ItF'l, Ile HI']_ 191643 .4pll"II' 1 F, 20131
.Hl.nj.r pmpusltl-an DT ordinance applmred 1:hmugh an
initiative and referendum shall net be repealed,
MUTE: Ultra 'fires runtracia are nu]l and void and
mndlfled DT amended by the sanlgjgnrninn within 6
cannot be ratified or validated.
mm1IJ:\s from the date of approval lhenenf.
It may be amended, mndlfled at repealed within 3 years

ln'-1r=ulfp whfu 11 flrfrrtllvp ml 1nifinal mntrart
may' hr" r=\t'iE-"rl
thereafter Hz,* a vote of 34 of al] it: members 4645211
125;
Ratification of defective municipal oontracls is
possible only when there is non-compliance with
NDTE: In case of barang3r.g.'s,, the period dual] be 1B
the nequlremenln of authority of the oncer entering
months after the approval therecrf. [i.GC,5er; 125]
into the contract andr'or conformity with the formal
requisites of a written c4:lntl'act as prescribed by law.
Q: A law converted the component c i t y o f Rat'1E1cat:lon may elt]'Ler be expressed or lrnplied.
E4-'laJul:nana].r, Laguna 'mm a highly iirhanized city. The
Local Government Eode (Luc) provides that the
NDTE: An act attended only by an lrregulariq.r. but
conversion "shall take effect D n11" after it: is approved
remains within the r u n i c palitg,-*s power, is
Br Me maiont§.fof 'ones cast in a plebiscite in be held
r:nnsldeJ'ed as an uirm virus all 3SLLI:IJeL't m ratllicatinn
in the political units direetjjr acliected."
and,r'n r validation.
Before the CGMELEE, Mayor Xenon of ll-'lalumaoay

E||:l3'mp1es.-
Eit_1.r insists Mat only the registered vnlzers of the -cil].r
should vote in Me plebiscite he~cause the city is the
only political unit directigf alieeted be' the 1. Those entered into by Me improper department,

board, nfticer of agent; Thereafter, Dog, a member auf Ulf -:by Council,
2. Those that on not comply with the formal questioned the Iaek of ratifil:a1:ion by the City
requlmmenm of a written contract et, the Enuneil of the mnizraels, among others. Should all
Statute of Fraud; (Lund Bank no' Ute Pfliflppines L: the d-neumems pertaining to the purdiase of du:
Eacayumn, sup-ra.) In-I3 bear the ratilicatiuo lu' the clay Council of
Ealamba?
CuntlraL's entered into be a Brutal chief cxcmtivc
may hr* 11lh1r'-"t in ran9FufHvp 1"=1iEr=l1'i1'»n A; ND. Sea; Z2[c], LEE, provides: I'-'l Llnleoa otlherwloe
provided in this Code, no contract may be entered into
A lean a.greenle11l entered lnta by the prom-'incial 1=w the .local chief executltfe in behalf of the LEU
gm-'ernar 'lnr11jm1.L1 prlnr authnrizatlon fnnm the without prior authorization by the ronggunian
Sunggunlnng Panlufawigan is unenforceable. The oonoerned. Clearly, when the local chief emcuOw
.'S'l:ln_g_gunlan3 failure to impugn the mnuacl's 1.-'aliditl.r enters into contracts, the law speaks o f p r i o r
despite k.nnw]ed.ge of Hs infirmity is an implied authorization or authority from the Songgunlong
ralifleadnn Mat validates the enntl'acL ,['Dcampa HI u. Punfungsod and not ratilicati-on. It cannot be denied
People, as. Na. 154549-51 a 156382-a1 February;" 4, that the City Council issued Res. zen autihorizlng
2OEtEj' Ii-'[a].ro1' Tlama to puodnaoe the oubiect lots.
Doctrine of estoppal du-cs nut apply against a NDTE: As apT11.f p-olnted out by the Dmbudsman,
fuI1lti=:il'IM rrrrnnrntinn rn wllirlatv an invalid ratihcatlon by the City Eounctll is not a oonditjon sine
EQI]I8£I qua' num for 3 mayor to enter into mnuacw. With the
resolution issued by the Eongguniong Pnnfongsod, it
cannot be said that there was evident bad faith in
The aocmlne of estoppel cannot be applied as against a purchasing the sub-iecl 11:13. The lack of rat:IEcat:lon
municipal corporation to validate a contract which L: alone does not characlerlze the purchase -of the
has no power' to make, or which it is autihorlzed to properties as one that gave unwarranted benefits to
make only under prescribed conditions, within Pamana or Prudential Bank or one that caused undue
prescribed limitations, or in a prescribed mode or injury to Calamba clay. [V-ef".ara UP Dmbudsnmon ER
manner, altllough the corporation has accepted the No. 1:-*4565£ March /2. 2809]
benefits thereof and the other party has fully
performed its part of the agreement, or has expended
large sums in preparation for performance. A reaso n Enmpctitivc DI' Public Bidding
frequently assigned for this rule is that to apply t.he
doctrine of estoppel against a municipality in such a Refers to a method of procurement which is open to
case would be to enable it to do indirect what lt participation by any interested part." and which
cannot do directly,-'_ [fn Re: PecNaeco Sons Company v. consists Ni the inlluwlng processes: advertisement
Provincial Board o,|FAatiqlue, ER. No. I.-2?'838, .l'ar.L 38, pre-bid conference, ¢l1g1n1llq.»t screening of
I QFD] pruspe-r."t:I1fe bidders, receipt and opening u i bids,
evaluation of bids, pnst-qualifica1:1n11. and award of
contract ERA 5184, ERR Sec 5 (by
»*1llhf1rif\f In vpp='tI'iatp and ~1r~f'llrp a=r=nn
The local chief executive may, upon author'ltjlr of

the surlggnrnion, negotiate and secure Hnandal grants
or donations in kind, in support of the basic services In the award of government eun1zrat-13, the law req rives
or facilities enumerated under Sec. 1? of Loc, From ebmpetjtlve public bidding. It is aimed m pmteet the
local and foreign assistance agencies without pub]le interest by gluing the public the best possible
necessity of securing clearance or approval from advantages thru open enmpetilimt. It is a mechanism
any department, agency, or office of the national that enables the ge1.fe:l'11ment agent,-' to avid br
government or from any higher Lou, Provided, that preclude annmalles in the exeeutlbn of pub]1e
proiecls flnanoed be such grams or assistance with ebntt'ae13. Murcia v. Burgers, is. Na. I24I3l5l. June 29,
national security implications shall he approved Br 1598]
the national agency concerned l"LGEI. Sec 231
F=lilI1rp-El['lliddiI1;E[ll!lII!lllH~llII§
Q: The City Council of' Ealamba issued several
resolutions authorizing E4-'la1ror Tiara to negotiate
widl landowners within the Trielulit'y of Barangajrs WTLe11any of the Enllewi fig nmirx
Real, Halal, and Uno, for a new rite hall site and 1 There is only rule nffernr
to purchase several lots and to execute, sign and 2. When all the offers are :nan-mmpljrlng ar
deliver the required do-eumeols. ll-'lalror Tia ma unaneeplable. [8r:r8gts11:l,lr u. Enmmfttee an
tlieo entered into MDA, Deed of Sale, Deed of FriLIunzatfan, 11:1 Ho. 112399, fuN# 14, 19951
Mortgage, and Deed of assignment.
-:=l4~l=4un¢-Lniml
PDLITICAL LAW
Rvninnilm of fin rpnratp Eva*=tpnrr sumnliw ii nrrtthr' 'iamb' at 1inhililv
W'hen a new local goiremment unit is created, its

It is a categnrlcal statement that LEUs on not eniny"
corporate existence shall eommencc upon the
absolute and unqualified immunity from suits.
election and qualification of 18 chief executive
Therefore, an LGU's s1.1abillty is something that is
and a maioritjf of Use members ofits sanggunian,
nemgnized but their liability is subject to evidence.
u.nJ.ess some omer time is fixed Lherefor by the
[The Lam! Government Ends Re1*B'1tad 2011 Eri, p14-4,
law or ordinance creating it. [See 14, Loc;
Aqr.ri{an4:\ Pl'mentef. in]
HDTE: QLla].i1'icatian means that they are able to

take math under the said office. linv~prnnlrnta1 \L"4. llrapriptar'l¢' fllnrtinl1=a
Eurpmrate powers of the LGU:

If the lniury is caused in the course of the performance
of a governmental Euoeli-on or duty."r no reeoueay, as a
E'.rer3,r LGU, as a mrpnratian, shall have the
rule, can be had from the municipality,-' unless there is
following powers IG:
an existing stature on the matter, nm' From 113 oEfLr:ers
SD long as 1:he!"' performed their dudes honestly and in
1. Have canrlnua-us succession in iN cnrpnmte good faith or that ho.' in not set wa.Tlt-only and
name, - in cm-rder to be able to act as a iuridieal maliciously.
entit§.r and efxereise such enrpnrate powers
granted t o a ]»:H:a1 ge'l.rernment. it must first:
have El :warp-curate name. wLm vespecit to prnprlet3l']..r funL'ulnns. Me xetlled rule
2. Sue and .be sued; - it must have the power to is that a municipal l:l::rp":'ra1:i-nin can he held Imam to
sue and be sued nthenvise it eannut securely third persons ex canrmctu wax deflcrn.
enter into transaetlans in the perfnrmanee of
its functions HDTE: There can be T111 hard and fast rule for pump-uses
3. Have and use U enrpnrnre self; _ of determining the true nature of an undertaidng nr
function of a municil:+a]it'.g,-'; t:he surrounding
NDTE: Local government units may continue circumstances of a particular case are m be considered
using, modify, or change their easting and wLll be decisive. The basic element, however
Corp-orate seals: Provided, That newly benefldai to d'Le puhljc the undertaking may be, is that
established local government units or Lhose it is gen.-'ernmenlal in essence; otherwise die function
without Corp-orate seals may create their own becomes private nr pmprletary in character.
corporate seals which shall he registered, [.F-l'unici,pa{aI.],f l:1gFHai'asl'qIul I-!'. Heirs nfFunmmH4 can Na.
with t h e Department of the Interior' and Local L-29993. 45lcmber2l 19178]
Government: Provided, fur then, That any
change of corporate sea] shall also he
registered as provided hereon. [Sec 22[b], [.ianiliri»--= of [Lilli [1q94.1HH9 BAR!
LEE]
1. L a u ; and their nMeials are nal exempt from
4. Acquire and convey real' or person! property, liability arising hem death or injury' to persons
a municipal corporation, in connection with, D r damage to pro perly. [L GE Sec. 24]
its powers may acquire pro-pertgr in its
governmental and proprietary powers. 2. Lulls shall be liable For damages For the death -bf,
5. Enter MM conh'o'c.ts'; o r i n i u r l e s suffered by, any person by reason of
6. Exercise such other powers as are granted to d'Le defective 1:cmdlt1l::IJ1 of roads, streets, bridges,
oorporatlonsl subject to Lhe limitations public bLllldlngs, and e t h e r public w o r k s under
provided in the 1991 LEE and other laws their edntml -br supervlslml. (New Civil Cade, Art
[Section 22. 1991 Lr.cl. 2189]
MUTE: LGU is Ijable wen if the road dues mat

belong t o it as lung as it exenclses mntrn] nr
E1.l'ery Inca] government unit, as a mrpuratl-nn, shall supervision ll:l1.-'er Me said roads.
have the power to sue and be sued. £:_.-gt; Sen 22, In]
r'3}'f 3. The State is respnnsibie In like manner when it
acts through a special agent; but nat when the
LGU: have the power in sue and be sued. Because Ut* damage h a s been caused by t h e nMe'lai t o wham
Ure statutory waiver, LGU; 3.l'*E our. immune from suit.. t h e task dune properly pertains. In which ease,
{A.gm. Amicus Imperahmm Labarum, 2016_1 Ari; 2181] shall be a p p lic a b le . [New Ciirll Cade
amffe 2 1 an {l5}J'
Luca] guvernnlent unit and their officials are not 4. When a member of a city or municipal pnliee
exempt from liability for deathDJ' injury to persons or force reftlses Ur fails to render aid or protection
damage to pmperq,-f. [LEE See. 24] to any person in ease of danger to life DL"

prnperqr, su-el1 peace officer shall be primarily connote an enforceable ohligalion. Some specific
liable for damages and the city or munieipallqr principle or situation of which equltgr takes
shall be subsldiarlly responsible therefor. (New cognizance must he the foundation of the claim.
Ein-'H Cade, A!t3'4-JT The principle of liability rests upon the theory
TJ::at the obligation implied be' law to pay docs not
FinurH='4 of ml lniFip=l [in h11 in 1'£n1.F0nT'!' originate in the unlawful contract but arises from
considerations oLL13ide it. The measure of
leco1.Ier)r is the benefit received h].r Lhe municipal
1. l.iabi]it'j.rarlslng hum viulaliun flaw
corporation. The province cannot set up the plea
iimat the contract was nitro virus and still retain
NDTE: Liabi lltjr arising 1'n:lln11.r1nlati4:ln nfiaw such benefits. [Province of Cebu u. IA E,fbfo'.]
as closing municipal streets wiijmut
indemnifying persons prejudiced thereby, nun-
payment of wages to ill e m p]-agrees due to lack of Tort liabilifi-'clf LE Us
funds nr ether causes DI' in refusal to abide a
tempnrar.3,r restraining order may result in 1. LGU-engaged in gnvemmentuf funcrim- Nut
contempt charge and line. liable
2. l.iabi]it'y fo r m n tr am XPN» Unless it's expressly made liable by a

statute or its officers acted wantenljf Ur
ntalid uusly. {Telr14:r u. Fnnraniffm CAR Nu. I.-
HDTE:
29993, OKI-D.h-E'l"23. 19178.41
a. LEU is liable provided that the contract is
infra virus Ur it is ultra viva: that 13 en]jl.r 2. LILLI-engaged in p.mprietua}f}1:nr:tlan- Liablc
attended tlj.r irregularities, which dues Jul
preclude ratiflcaticn DI' the application of the
Q: A collision between a passenger jeepney, sand
di:1»cl:r:lne of estoppel.
and gravel truck, and a dump truclc driven by
If II is uftm 1.-'fres. which are entered 1nl0
Monte and owned by the Municipality of San
Fernando occurred which resulted to the death of
beyond the express, implied at Inherent
lessica, a passenger of the ieepney. The heirs of
powers of the local government unit DI' do nut
lessica instituted an action for damages against
mmplyr wllh the substantive requilemenls of
the Municipality. Is die municipality liable for Ute
law they are mst l'l]I:l-fe.
tort com mitted by is employee?
Er. A private individual who deals with 3
municipal -uarpnratian is imputed with 14: ND. The driver of the dump truck was performing
~:ra1Il.4sTRu|;'r|1».rE knowledge of Me extent duties or tasks pertaining to his dfflne - he was an his
of the plower Ur' authl:»rit'j,-r of tJ:\e municipal way to get a dad of sand and gravel fur the repair of
CIEI1'pDf'3IiDl'l m enter dnta eullttacm. San Fernande's munielpal streets. The municipality
earn-nt he held llahle Eur the tart committed hy its
3. Liabi]it'j.-'fcnr tart regular employee, who was then engaged in the
the
discharge af-cgleverrrmentaf j'r.l'netians. The deatJ:\ of
NIIITE: Their may be held liable for mm arising passenger -- traglr: and deplorable though it may be -
freum the perfnrmanee of lhelr private and - imposed in the runic polity nn duty to pay
proprietary fun4:tll-uns under the principle of monetary edmpensatidn. (Municipality of San
respondent superiazrr. {Eli}f of Manila v. Fernando v. Han. Fir'me. ER. Na L-_'i2I?9, .iprir a, 1991]
In termediate Court ufiippenfs IFE! EERL4 428]
Q: The Municipality at Hajasiqui authorized the
D0ll:1:rinI: uflmplicd Municipal Liability; celebration of mwii Fiesta by way of a resolution
and appropriated an amount Tor the c-onstruetion
-of 2 stages. Une of the members of the group to
A municipality may become obligated, upon 311 period a play during the fiesta was Fontanilla.
implied contract, to pay the reasonable value of the Before the dramatic pan of the play was reached,
benefits accepted DI' appropriated by it as m wiNch lt the stage collapsed, and F-ontanijla was pinned
has the genera] power to contract. The do-ctrlne of underneath resulting to his death. The heirs of
implied municipal Iiahllitjr has been said to apply to all Fontanilla Filed a complaint against the
cases where money or other property of a party is I4-1unicipaJitj§.f. Is the municipality liable?
received under such clncumstanees that the general
law, independent of express contract, implies an
obligation upon the municipality to do justice with A; YES. The town fiesta was an exercise of a private or
respect to the same. (Province of -Cebu U. IAQ Fin proprietary' Mnetion of the munielpalltjf. Holding 3
No. ?2841.jonuo'rJ.=2SI. 19887) Fiesta. even if the purpose is to commemorate a
religious or historical event of the town, is i11 essence
an act for the special benefit of We eontmuniq and
NDTE: The obligation of a municipal mwamti¢n not for Me .gene mI welfare of the public performed in
upinn the doctrine of an implied contract does not
PDLITICAL LAW
pursuance of a poller of the state. No governmental DT referred to the Sangguniang Bag.-'an or the
public polilL'j," of the state is involved in the oelebradon Sangguniang Panlungssnd;
of a town Hester. {MumelW{i@ of MoJ'os1qu.rI u. Heirs of 2. Munjelpallties wllhin the same prmrjnee to me
Fonronilfo, of. No. L-29953, Url 23, 19?8j Sangguniang Panlalatarjgan and
3. Munjelpallties Ur enmpenent cities of different
prmrinees are Jalntiif referred to the sanggunians
II: x was elected as Vice Mayor of [:lasol..,
concerned.
Pangasinan. The Songgunionq Boron adopted
Resolution Ho. 1 wliidi increased Me salaries of
The same rule mentioned in paragraph [c] is followed
the Mawr and Municipal Treasurer to P18I636 and
when the boundary disputes involve a component city
p16,044 per annum respectively. However, Me
or munl-l:l]Joliq.r, on t:he one hand, and a highly'
Resolution did not provide for an increase in salary
urbanized elty on Me -other, or between or among
of the '.l'il:o Mayor despite the fact that such highly urbanized cities. '[T'l'Je loco! Government Code
position is entiljed to an annual salary of P1 E.,l:II»i-4.
Rewdted2o11 Ed., p. 275-2:?6, Aqlulhho FJmenteJ'. j'r]
x questioned the failure of the Sunggufiiong Eoyon
to appropriate an amount for the payment of his
salary. The Sanpyuniong Rayon increased his Pmfpr1I1 up Per Wrming BWMWW n ilpl1rr~':
salary and enacted a Resoluiioo No. 2
appropriadngan amounters payment of Me unpaid
Article 11-', Rule III of the Rules and Regulations of the
salaries. However, the Resolution was vetoed by
Luc dudjnes the p1'dr:edLIJ'es go1.-'erning lidundarjf
die respondent mayor. -Can X a'.raiI of damages duo
disputes, which nlcclnetiy' includes the filing of the
to die failure of the respondents to pay him his
proper l:»eti1:im1. and in ease of failure m amlcabljr settle,
Iawlill salary?
a formal dial will be cdndueted and a decision will be
rendered thereafter. An aggrieved part'j.r can appeal the
A: YES. The Mayor alone should be held Ijahle and not decision of the sangguniun to die appropriate RTEL
the whole 5trn,gI,l.;IIunlon 8o_1.»'on. Respondent Mayor [Cuisines in. FJTEUF, GR No. 146s22,Ap¢ir24, 2009.l
vetoed the Resolution without just cause. While "to
veto or not to veto involves the exercise of discretion"
Hnund-=r'¢' fli'~11"l1Ip1 l1pl"la¢'*l'pTl and Hmnna
as contended by respondents, respondent Mayor,
m11nk'iplali1ir~~1 in Igor' iafm' lllrrwirupp :my lu' l9lp:l
however, exceeded his authorltjr in an arhi1:rar1.r
llilmcdialrlv with the Regional Trial Mum [IDD9
manner when he vetoed the neso]1.Ltlon since there are
BML1
sufficient municipal funds fnoin which the salary' of the
petilj oner could be paid
The statement that boundary disputes between and
among municipalities in the same province may be
Respondent Hayor's refusaL neglect DI' omission in
rued immediately with the Regional Trial Court is false.
compljrlng 1.-vrlt;lr the directives of the Provincial Budget
Under Section 118 of the Luca] Government Code, they
IEIMcer and the Direct-or of the Bureau of Local
should be referred for selllement to Me sanggunlang
Government that the salary of x be provided for and
palulalavdgjan. {.Mr.rnieipoHt}f o/F.5'to. Fe u. Mumcfpafft_l.-' of
paid the prescribed salary rate, is rec]-dess and.
.¢Lr'[JIlD. IL'F.R. No. I4094. Sep-tem11»er21. 2009)
oppressive, hence, by way ofexarnple or correction Em'
the public good, respondent Mayor is ]1al:l]e pe1'soJla]l1.r
to the petitioner' for exemplary or corrective damages., Sald rules and regu[latil:ms slate the fulluwingz
[Hier v. 5'anlgjgumon.gI ba_1.-*fm fig Basal Panl.;IIos.l'nr:rn,G.R
No. 153216, March 12, I984] 1. Wing of pctition - The songggunion -concerned man
initiate action by Eiing a peti1:ion, in Me form of a
-FH-141114-41af ii-I I={--1141-RM'I-I-*1aI1l=~1 rcmludom wld: the

jurisdiction over the dispute.
sorgglunian having
2. Contents -of petition - The petition shall stale the

grounds, reasons or justifications therefore.
'I.l'1"]'Le11 a pardon Ur the 'wllule of 1j1e lerrllarlal 3.l"E3. of

1 Docurncnu attached to petition [CMT-EDD] - The
petition shall be a-ocontpanled bf:
an LGU is claimed l:l!"r t1.»vl: or more LGlJs.
3_ Duly authenticated cop.',r of die law or
statute creating the Lou or any other
[uri*¢dirtllnnal Rvipnrwihiliw for' -'9rn1pmpnt o f document showing proof of creation of
Euundarv Dispute the LGU;
h. Provincial, city, municipal, or Oatangay
map, as the -case may be, duly oer titled
Ee11erall1.f, the rule is to settle boundary disputes
by the LM B.
between and among LGL1s amicably. 3pedEr:ally,.
Technical description of the boundaries
boundary disputes lnualvi]lg the LGUs are referred fur
of die LGUs concerned;
settlement to the san.g8unla.11s -rxmeerned. Fur example,
those Involving:
d. Written certification of the provincial,
city. 01' municipal assessor, as the case
may be, as to territorial jurisdiction over
1. 8arangarjgs within one nlunicipallly Ur -ally are the disputed area according to records in
243
custody, A; Since Passl Is an independent cnnipnnent city,
E. 'l.l'll"11tten de c l a r a t i ons or sworn while Duenas is a rnu11i4:ipalit],r, the procedure in
statements of the people residing in the Section 113 of the Leeal Government Cade does nut
disputed area; and apply to Mem Since there is no law prmrlding for the
f. Such other documents or i11Eorm.ation as Jurisdiclinn of any court or quasl-Judicial agency over
may be required by the saln;lg;g'un4on the settlement it' their boundary dispute, 'Lhe
hearing the dispute. Reglnna] Trial Erfurt has 1urlst1lcllnn to adjudicate it
Under Sectlnn 19 [6] of the judiciary
4. Answer as' oduerse party - Upon cecelpt by 'Lhe Reorganization Act, the Regional Trlal Court has
snnggunlon concerned of the petition together exclusive drigiinal Jurisdlctjdn in all cases not 'lnNthin
with the required doc\LLnlen13, Me LEU or LuLls the e1»:clusi'J'e lurisdlclinn of any court DT quasi-
complained against she]] be furnished copies judicial agency. {Mr.rnicipni'II.jl.-' no' Knnanga LL Mndmn,
thereof and shall be given Fifteen [15] working ca. MJ. 141395..»1pr:l'L3Q 2003]
:lays winer wlljdl to file their answers.
2.1 We Sangguniang Bajran at Me Hun ieipalitgr of
5. HeoNng - 'Within five [5] working days a.fter Santa, Hams Sur passed Resnludun Hn-. 1
lecelpt of the answer of the adverse party, the authorizing its Mayor to initiate a petition tar the
snnggunlnn shall hear the case and allow the
efxprnpriatian of a Intuumed be Christina as site for
parties concerned to present their respectl1.re its municipal sports center. This was appmred be
evidences. the Mayor. However, the San g g u n ian g
6. joint Fleo.rfn_g' - When mo or more songgunloris Panialawigan of Ilnen-s 9.lr dis a ppr ov e d t h e
iolntfly hear a case, they may sit en bam: DT Resulutin-n as there might still be other airailahle
designate their respective representatives. 'Where lots in Santa Mr a spartx went-er. Nonetheless, the
representatives are designated, there s:ha]] be an Municipality of Santa, through ini lvlajrnr, filed a
equal number of representatives from each mmpiaint fear eminent domain. Christina npiinsed
sorlgguotort T119 shall elect from among this on the full-nw'ingg'n:lunds:
themselves a pnesidlng officer and a secretarj,f. In
ease of disagreement, selection shall be by [a] The Municipality of Santa has nu power t¢1
drawing ]of_ expmpriatw,
T. Foifure to settle - In the event the songguntoo fails
to all:lical:ll1.r settle the dispute within slmrty [ED] [b] R1E5n1utll.un He. 1 has fico voided since the
days from the date such dispute was referred Sangguniaog Panlalawigao disalppr-awed it in-r being
thereto, it shaft Issue a certification to the effect arbitrary; and
aJld copies thereof shall be li.lr11ished the parties
concerned. [ii The Municipality of Santa has other and better
lots [nr that purple. Resolve the -case will
E. Decision - Within si.'ct'j.r [60] days from the date me reasnrls. [2005 BAR]
certification was issued. the dispute shal] be
formally Ilrled and decided by the sonlggr.mJon A: a] The Munlelpaliqr of Santa has Me power to
concerned. Copies of the decision slha]L 'lndthin ercpmprlale for the power of' eminent domain is
fifteen [15] days from the promulgation thereof, granted-li be me LGE to all local gll:l1.-'errlment u n it.
be furnished the parties concerned, DILG, ]oca] However, the -Code requires an ordir1.anoe and not a
assessor, CDMELEC, HSD, and other NGAs resolution for the eaereloe of Me power of eminent
concerned. domain. (Heirs of .=1.l'£Jerto Sugufmn v. ILTl1'.jl." of
9. Appeal - Within the time and manner prescrlhed Mondoluyong, GR No. /35082 March 14, 20091
by Me Rules of Court, any party may elevate the
decision of the sor4;gl_;lunlon concerned to the Oj The Eangguriiang Panlalawigan of l]ooos Sur was
proper Regional TrlaJ Court having Jurisdiction Mthout the authority to disapprove Resolution No. 1
over the dispute Br Eljng therewith the for the Mu]ilclpality of Santa clearly [has the power to
appropriate pleading, stating among others, 'Ll'Le exercise the right of eminent domain. The provincial
nature of the dispute, me decision of the board's disapproval of any res:ol1.llion. oodinan-oe, or
songgunlon concerned and die reasons for order must be prenljoed specifically-' upon me fact that
appealing therefrom. The Regional Trlal Court such resolution, oodinanoe. or order is ouulde 'Lhe
shall decide the case within one [1] pear from the scope of' the Jegal powers conferred be law. l'Mod-oy II
filing thereof. Decisions on boundary disputes of ER no. 187916. February 2o. rss?)
promulgated jointly Br two [2] or more
son.g.g1.rm'a'n.gI pontatowipoiis shall he heard Hz," t.l'Le co' The Imitations III]"l the power of eminent domain are
Regional Trial Court of dle proirin-oe, whim first that the use must be public, compensation must be
took cogJlj :once of the dispute. made and due process of law must be observed The
necessity of exercising eminent domain m u s t b e
genuine and of a public diaracter. Go1.-'ernment may not
Q: 1.1 There was a boundary dispute between
capriciously choose what private property should he
Dueiias, a municipality, and Passi, an independent
taken. Should it be pla1.ren that better lots exist suited
component city, MW of Ihe same province. State
for the purpose of expropriation, the complaint for
how die two local government units should settle
enljrent domain should be dismissed. (Maddy |.* Be, as
their boundary dispute.
PDLITICAL LAW
Na 199914 Fehmuay 28, 199171 2. Dfflce of the Mayor
3_ Wee-Mayer-, in his absence,

h. Hlghesr ranking 5s]1ggl:lnian member; In
case of 1:he permanent dlsabllit'j." of
highest ranldng Sangunlan member,
Earansal Second highest ranking Ssngunian
member
Absence should be reasonably c5nsumd to mean
'elTeel:lve' Tb-sence, that is, one that renders the bffleer 3. DIM of the Vice Governor DI' Vice-Mayor
concerned powerless, Enr the time being, to discharge
the powers and prerbgalives of hisser 1:llEfLee. There is 3_ Highest ranking Eanggimlan member; In
nb vicar-ey whenever the nffl-ce is ncnupied by a legally" case of Use ]Jel'manent disabilirj," of
l:lu.a]i1ied incumbent A sensor mntmda there is EJ highest ranking Sanggunlan member,
vaeanqrwhen there is nn person lawful]l,f authorized to
assume and exercise at l:l1'eseJlt the duties of the nfflce
[{i:rmbnl:l,ja1 '|.". algufne. as Na 134e13.,ru;vz0. Is:-29; NDTE: The highest ranldng municipal
r:n1.Lncllm"s sueeessiun m the uffiee of 1.rlr:e-
1ila'-=*v"4 of w¢aurW1 in Igor tlpf'Ii'vp pau maynr 1:an110l be cullsldered a 1.f1JILLntarj.r
menu nda1:irJn of his nl'fLI:e as elnuncilnr, since
1. P-ermanent it occurred by nperatlnn of law. (J-fantebnn v.
2. Temporary CENELEC. ER..H-EL 180444, =4pr'1![3. zlzrnsj
Permanent ifacancy [HAQDMP1 4. Dfflce of the Punch 8umnguy
Arlses when an elected local nfEf1aI: Highest ranking Sanggrunlun

mezmher, in case of the permanent
1. Fllls a higher vacant affine; or dlsahllity of highest ran]-dng
2. Refuses to assume aERie, mr Sungyunfun member,
3. Fai Is to q ualifj.r; or b. Second hjghesl ranking Sanggunfan
4. Dies, nr member
5. Removed h'nm affine, or
E. '.l'eIII.Lntari]],r resigns; 'DT MUTE: For purposes of succession, ranking
7. Permane fitly incapacitated m discharge the in the Sanggunian shall be determined an
functions of his II:lfEr:e. [LET See 44] the basis of the pmpnrtlnn o f t h e mutes
obtained by each winning candidate to the
TEI'DPDl'3l'\" 'li.Facan1.'1l.": tdta] number of registered utters in each
district in the immediately preceding local
Arises when an elected ntlf11:ia] is tenlpnrarily e]ect1dn. ILGE _'ice 44 {4J1{3_ll
incapacitated to perform his duties due to legal nr
physical reason such as: [P-Lea-T-S] B. In case automatic succession Is not applicable and
there is vacancy in the membership of the
1. Phjrsica] sickness; sornlgjgunion, it shall be Filled up by appointment in Uris
2. 1.-f ave of absennne : following ma finer:
3. Tra1.re] abroad; nr
4. Smlspenslnn from -nEiL'e. (LET, Sen 461 1. The Pr'esll:fenl; through the Exeeunfvwe
Eeeremrg shall appoint the pnlilieal nclmjnee
FiIling¢1fvacanc'.-' o f t h e local chief executive F u r t h e
sanggunllnn punlnlawigun and panlungsed
1. Aummatlc succession of highly urbanized cities and independenit
2. Elf al:lp::l1l:\tn1e nl (LIE, Ser: 45j r:l::ln1prJnent cities ILEE See 45 {0}{1j1
Rules of 5JI.lnl:le-5sluJn in case ui pcnnancnt vacancies 2. The Governor shall appoint the political
11995, 1995,zuu2 BAR) nominees for the sonlgjgunioog pooiungsod of
component titles and the s o n l u mo n g
A. In case of PEI'['l'l3]1E['l[ 1.-'~a4:anr:!." in: izroyon ooneerned [LEG See 4.5 io}{2}j
1. 0]H1:e nfdue Gnvemor 3. The :ill nr municipal' mayor shall appoint the
recummendalin n of the sangs Lrniang
'IN-be-Govern-br; in his absence, burungay concerned [LIE 544: 45 fgjf.31]
b. Highest ranking Eangguznlan member; Io
case of the permanent disability of GR: The successor [by appointment] should Mme
highest ranking Eanggunian member, from the same political party as the songgunion
Second highest ranking Saltggunian member whose position has become vacant
member
245
XPN= In the case of vacancy in the Eangguniang Sangguniang Bagan. Navarro belungnd m the Sami:
bamtlgny. political party as that of Tamajru.
NDTE' The reason fur' the rule is Lu maintain the Respoodenm argue that it was U1-e former vice-
party representation as willed by the people in the mayor Aquino who created the permanent
election. vacant' in the .'5'm|.q*|;union and thus, the appointee
must come [mm the Former vice ma3ror's political
Q: R was elected as Muoicipal Enuncilnr fn-r three party. Petitioners, however, contend that it was
[31. nnnsccutivc tcclns. Before the end of the third the elevation of Tamayo to the position of vice-
term, 'ifinc E4-'Iaynr 5 died, cendcring his past vacant mayor which resulted in a permanentvacaoev and
Since R was U1-c highcsbranking Municipal thus, Me person to be appointed to the vacated
Cnuncilcrr, he assumed the office of the 'Jice Magyar. posiiioo should come from the same political
[Inc of his cnnstitucnls, T, assailed R's assumption part_v as that of Tamayo, Io this case Navarro. Are
Ni nfficc, arguing that clcclinns should have been the respondents correct?
conducted to fill the vacancy Icrllcrwing Ulc dcatb
nf'J'icE ]'I-'lajrnr S. A; HD. Wlth the elevation of Tamayo to the posltlon of
Vice-Mayor, a vacancy occurred in the Sanggunlan
[al Is T's cnnmntinn current? Explain. that should be filled up with someone who should
belong to the political party of petitioner Tama].ro.
-[b',lu\ssuming that R validly assumed 58: post, at Under Ser: 44 of Me Loc, a permanent vacancy arises
Me and of R"s term as 'afire Mayor, may he mn, when an elect:lve official Ells a higher vacant office,
Anne marc, for Me pnsiij-an of Municipal refuses to assume ofllce, falls to qualifgl.r. dies, is
Cnunrilur* Dr is Ill: proscribed to du so under the removed from off-oe, voluntarily resigns, or is
Lord Guvemment fade? Expilain. [2019 BAR] otherwise permanently incapacitated to discharge the
Eunctzlons of his once. Sec 45 [b] of the same law
A: {a] HEL T's contention is incorrect. Under the rule provides 'Lhat "only the nominee of the polit:lcal parts
on succession of elective officials, if a permanent under which the Songgtrnion member concerned has
vacanqf occurs in the office of Wie 1.-'ice-mayor, the been elected and whose elevation to the position next
highest ranking sanggunian member or, in case of his higher in rank created the last vacancy in the
permanent inability, the second highest sanggunian Songgunion shall be appointed in the manner herein
member, shall been me Wie vice-mayo r. i"5'er; 44, LG'£'j' provided. The appointee shall come from the political
parts as diet of the S'onggr.rmlon ntember who caused
{l:l] TEE, he may run again for the position of the vacanc5.r...'The term "last vacancJ.I'" is thus used in
Municipal Eouncllor. If the oliicial runs again for the Sec. -l-5[b] to ditTerentiate lt front the other vacancy
same position prior to his assumption of Wie higher prevlo'l.Lsl.'lr created. The term "be no means' refers to
office. his succession to said position is bl.' operation the vacancy in the No. 8 position which occurred with
of law and is considered involuntary severance or the elevation of Bth placer to the ro-1 position in the
interruption. [Munro Er. H. coafstsc on Ho. to: F/6, Sonlgfgunion. Such const'r'LLctlon will result in
.Ionuory 8, 20/3] absurdit;l.r. (Navarro v. EA, of. No. /-user, March 28,
2881]
]'l-Dll::l"D\l'El' status
NDTE: In case of vacanqr in the nepresentadnn of the
I n c a s e of failure of elections lnvulvlng barangay ],r1:»uTJ1 and the bnmngay in the Earqggunian, it shall be
officials, the inrunlhent officials shall vemaln in -l1f1"i1L°e Filled autalt'lalica]]y by the 49:13] next in rank of the
in a hold-nver capacity' pursuant to RA. 9164. {.4d'np L: -nrganlzaliun concerned..lfLEC. Sen 45{d}j
CQMELEC, ER. Na. 161984-, February2/, 2087]
Rules n n to-munraw vacancies [20 I]2 BAR]
Thr' "law: \f=1r=\n'"1="' To the 'ifvlgllllninn
1. In case of' temporary vacancy of the post of the
It refers to the vacancy cnealed by the elevation of the governor, city ar municipal mayor, or prong
member formerly nccuprgrlng the next higher in rank, harangjay cleave of absence, travel abroad, and
which in mrn a]scl had hecume vacant bf.' any -of the su.spension]: the vlce- governor, city or
causes enumerated. municipal vice mayor, or the highest ranking
sanggunfong bomngoy shall automatically
Q: in Ule 1997 lo-cal elections Calimlim was elected exercise the powers and perform th e d u d e s
as Mayor, Aquino as 'Eire-Mayor and Tama].ro as and f u n c t i o n s of the local chlef executive
the highest-ranl-Liog member of the Songgunion. In concerned. Such automatic exercise means that
1999, I4-'Iayor Ealimlim died, thus 'Jiee-Mayor they no longer have to be appointed to the
Aquino succeeded him as Mayor. Accordingly, the position hy anyone.
highest-ranking member o f t h e Songgunion,
Tama_',to, was elevated to the position of the 'Vice- NDTE :
Mayor. Since a vaeanqf o-:curled in the
Sangguniang Bayan hr Me elevation of peiitiooer ER: The aetlng Governor or Mayor cannot
Tamajro to the olTiee of the 'l'iee-1l-'[a3ror, Governor exercise We power to appoint, suspend or
Agbayani appointed Navarro as Member of die dismiss employees.
24-E
202 1 EDLDEN NIJTES
PDLITICAL LAW
KPN: lr the perle of temporary incapaldty 113e1E, work to interrupt the lnmnlbent oh'idaTs
cxcwds 30 wnrklng days. r.'nntlnLdtj,r of service
5. Preventive §Ll§pEllsilII]1 is not a term-interrupting
2. If1:ra1.re]]1ng outside his J1.Lr1 sdicltiun but width the event as the elective cl-Fl'leer's continued stay and
cnuntryr fm' a perlcnd not exceeding 3 days, the Luca]
entitlement to the oftloe remain unalfeeted during
chief executive may designate in 'uuriting t h e the period of suspension, although he is hatred
clfEcer-i n-charge of their respective off]-ces. The from exercising the functions of his olTlr:e during
DIC cannot exercise the power to appcdnt, this per iod.
su nd at dismiss employee.
e. When a candidate is proclaimed as winner for an
If no lc1es:l8J'1.atil:ln was made, then the Wee
eIeet:l1.re position and assumes ntlflee. his term is
governor, vice mayor, DT in his ahaenee, t h e interrupted when he loses in an election protest
highest-ranldng nleln'ber of the sanggunian is and is ousted from -oEfli:e, thus disenabling [him
authorized to assume the of flee on the am :lay of
from seridng what would o t h e r w ise be the
absence of the local chief aceeulive.
unexpired portion of his term of offire had the
protest been dismissed ,l'I.onzonido of oiznnr.
3. If the local chief e9oemWe's 1:ra1.rel exceeds 3 days,
The bleak or interruption need not he for a run
term of three years DT for the major part of the 3-
the vice governor or 1.rloe mayor, or in his aboenoe,
the highest ran]-dog sanggunlan member assumes
3.rear term; an interruption for an1.r length of lime,
the of floe oEljne local ch:lefe:»:ecutl1.-'e. provided the cause is involuntary, is sufNdent to
break the condnultyof service.
Termination of tcmuuranr in-caua1:ity 7. When an offlcta] is defeated in an election protest
and said decision becomes Elm] after said official
1. Llp-on submission to the apt:+n:l-priate had sen-'ed the fLLII term for sadd o-Etloe. then ids
s.o'n gr.rm.o'f:r of a written declaration by the local loss in the election contest does not constitute an
chief executive concern-od that he has reported, interruption sin-oe he has managed to serve the
back to oftioe, If the temporary incapacity was due term from start to finish His ful] serurioe, despite
III: the defeat, should be counted in the applfcation of
term Lima: because the nullification of his
3. Leave of absence; proclamation came after the expiration of the
b. Travel abroad, and term. [Abundo u. corttatec GR No. 281.716. }-on. 8.
L 5 us pension n 20/3;
2. Up-an sutamlssicln be* the local dmicf cxecutlve at.

llllll »M»llull~l*l .Illll
the necessary dclcumen8 shawlng that the legal.
causes 110 longer exist, if the lcmparargr
incapacity was due to legal reaslnnsfLGI'1 Sac _ I -
=ll=fllll!l=l'llaldlal\!'={l
4'5{n};_
_9l4=*l!l».'l'l'ii*!:l~II~**'WM , Q
Rlllp'i a n H'rn'ipr'l11ivpnp<'i of U"lTl1"1 Hndfnr
involuntary intcrrugnjun: An eleflzlue local nfflclal may be dls)dplined. suspended,
DI' remaked from -IJEEL*e un any of me following
gl'::III.1nds:
1. 1l'l.I'hen a permanent vacancy occurs in an elective
position and Me oMcial merely assumed the
position pursuant m Me rules on succession under 1. ]IlisIoj.ralt}.-' to the Republic of the Philippines
the LGE, then his serudoe for the unexpired portion 2. Culpable Violation of the Constitution
of the term dt' the replaced official cannot be 3. ]Ilishonest'j,-'. oppression, m isco n d u ct in ol'Ece,
grass negligent-oe, DI' dereliction of duty.
treated as one ful] term as contemplated under the
subject constitutional and statutory provision that 4. Commission of any otTer se i n v o l v i n g m o r a ]
service cannot be counted in the application oiany turpitude. or an offense punishable bl.* at Least
prison mayor
term limit If the ofl'iclal runs again for the same
posl1:lon he held prior to his assumption of the 5. Abuse of authority
higher otflcle, then his succession to said position is EL Unauthorized absence Ear Eileen [15] consecutive
be oper at ion of la w a n d is considered an
worlrjng dales, except in the ease of members of
sangguniang panlalawigan, sangglsniang
involuntary severance or interruption.
pallglungsod, sangguniang bayan, and
3. An elective ofFiciaL who .has served For three sanggtiniang barangay
consecutive terms and who did not seek the Ap p lica t io n far, o r aoquisitlon DID for eign
elect:lve position for what could be his fourth term, c'ltisenshlp or residence or Me status of an
but later won in a recall election, had an.
immigrant of another country
interruption in the oontinuily of the oEic'laTs E. Such other grounds as may be provided by the
service. For, be had become in the interim, i.e, Loca] Government Code and od'Ler laws. [LIE Ser;
from the end of the 3nd ternl up to the recall. 450]
_-1Lllil»1llI°\III*=E_
election, a private ctltlse n
4. The abolition of an elective local oEFlce due to d'le
conversion of a mu nicitl»a]it1.r to a cltv does not, by

An elective local offlelal may be removed from olTlr:e an time of termination of the case..IRE.acal' Gnvemmenr
any of the grounds enumerated above only by an order l$cld'e,.SIec6 fhjj'
from the proper court The Dffloe of Me President Ones
not have any power to remove elected officials, slnee {.m-4av Ban
such power is e:¢r:]1.l.sjveI!." veined 111 Me proper courts
as expressly provided for in 'Lhe last paragraph of Ser; No prevent11.-'e suspension shall be imposed within
so of the the Loo {.S'oJ'oJ'amo' v. Wl]wonu, oo. No. ni nety [on] days immediately prior to any local
II ?539-92, Mò_1."22, 1996] election. I f t h e preventive susqplenslon has been
imposed prior to the 98-day period lmmediatel3.r
Filing ¢1tla vp1"i Ep-1 complaint preceding a local election, it shall be deemed
automaizlcalljr lifted upon the snzarc of aforesaid period
r.-io. No. 23, 5. 1992, Rule 6, 5Er1'..?,l'
CIMCE of the President Any elective ::IML'i3l of 3

Province, I-mn; IE-C, or
CE. Removal iml:ul:'rl3 Me fnrclble separation of the
Sallggunlang Anger elective nffldal of a incumbent before the explratinn of his term and can he
Panlalawigan, Declsinn Municipality dune only fur causes as l:»rn'uided by Haw. Hhrin II
may be appealed in the MEN, 5.8. Na 81954, 4143- 8. 15351
DP
5aJlgg'LLnlang Panlungsud Any elective l:la1'ang3aj.' NOTE: The unjust removal DT nun-compliance with the
or Eagan. Decision is ::1M1:i31 preserved jprneed1.1rle constitutes reversible error and
[Ina] and encecutnrgr ttys entitled the nR3eer or emplngree to reinstatement
with back salaries and wtttmut loss of sel1ill:lrit§l.r right.
I' , I'
Iimllnrla [nr Rvmnval of Elrfrivr* In-:'=11 Dltiri aW
pnqu-mWv 9l1pp11'-:inn
NDTE: See8rnund&JI'nr d'isr:ipHnl:lr}f measures
Preventive suspensclan may be lmpnsed at any time
AR:er the issues ale inilled. when the evldenee of guilts 43 Dues 1111: Sanggurliang Panglungsn-d and
strong, and given the grey=:ltj." of the ::Tensel there is Sanggunian Ba;-*an have me puwcr tan remus
great prnbablllty that the cnntlnuanee in nfEee of the elective officials?
respondent euuld influence the witriesses Ur pose a
threat in the safety and integrity of the beenrds and A; ND. The most extreme penalty that the Sangguniang
ether evldenee. l'L0l:0{ Gul.-'emment Cade, sense; Fanlullgsud Ur Sanggu11la.11g Barman may lmpuse on the
erring ele4rl:i1.-'e bara.11ga3-' 12llFfldal is suspenslnn; if it
fltliri=111 wlvr :kw imp-111' prwfntiw 1'l"iP"l]5i"lll1 deems that the removal of the nfflelal from service is
IEEM11
warranted, then lt can resolve that the proper charges
be Rled in 1:nurL l'.Sun1ggum7r;rng Bumnguy of Dun
1. By Me President, 1r the respondent is an elettlt.-'e M-crnan4:r Marcus v. Martinez, ER. Ha. 1?0626, Hl:lr4:'h 3,
oE'll:ial of a province, a highly urbanized DT an 2888)
independentoomponentclty;
2. By Me Governor, If the respondent Is an elettlt.-'e ln.E115l»~1 M4144 =l={uu=M
official of a so naponent 4.~it;,.- or ntunjclpallty; or
3. Be the Mayor, If the respondent is an elett:l1.-'e See d'18.'4:'uss'1lan under ndm[nEmtlw Jaw, .0'l:§ul:i1r:'l:ll'l:lljl.-'
offleial of the b3r3n9y [Local Government Code, pma.-'er
5ec.li8'j
MUTE- Any single preventive alspelusinn of local

_ 1'I'|"|l=iI»II°l4i'l'|~El'I'IE*.*|l*"I€
elective aliicials shall nut Oz-:tend beg."'nd sixty [ISD] See dl3'4:'u5slan of Eundnnwtinn under Le;-annfu as' cl
days. Several ad minlstralive cases riles against the Pubfir D.Pl':TCQr
elective afflcial shall only result to preventive
auspenslnn nut beg."'nd neely [an] days. [Local
Government Cade, 5'e4:'.6; JI-Hranda v Sandlfganbayun, as
.Ha I54v9ajug»z5.2rJo5} Aul'hnrillp== with D iwip llmrv Authnrih' n\L'pr
-'lpnniutiw nm;'i31f.;
Evpirarinu Ni Prrvvnrtvv R`l1*vppn'=ainn
1. DeparLrTlent Heads - 13:\e heads of ageneles anti
'Within 121] days, due pmceedlngs shall be ternfdnated instrumentalities have jurisdletiun to investigate
The suspended elective dflidal shall be deemed and deelde matters Involving diselplinary aetlnn
reinstated in -nffl-ce without prejudice to the against officers and employees;
edndnuatidn of Me pruceedjngs against him, unless the
delay of the proceedings is due to his fault, neglect, DI' 2. office of the Gmbudsman - The 'Dftice of the
request, other Man the appeal duly Filed, t:l1e duration Dmbudsman has the auth-nriq.-' and iurisdiclinn to
dt' sl.LI:h delay shall nut be edunted in computing the exercise disciplinary authority." awe: appuindve
PDLITICAL LAW
officials, exnepl impeachable nfticers {Are,fandm v need for supplemental legislation to authorize the
Deice -nfnhe 0'mbudsman. G.R. Na I.?3'I21 *4pr1!{ O3, EDHIELEC to conduct recall elections for 2014.
20131. Eonsiderlng that there is an existing line item
approprlalzlon for the conduct of recall elections in the
3. Elm-'il Servlce Cummlssiun [CEC] - as the eenlral 2014 EAA, we see no reason why the CDMELEIE is
per3:l:ln11el agency of the government, -ESE has the unable to perform HE co1L*.tltut:lona] mandate to
dlsr:1p]inal'1.r au'l;TLnrltl.r m hear and decide canes "enforce and administer all laws and regulations
inv]vlng appulntlve ufflcials. relat:l1.re to the conduct of root recall' Should the IEi_Lnds
appropriated in the Z014 GAA be deemed Insufficient,
Prpvpfl'fivp Ruin-rniinn of App-uiu1'ivp lm-:al then the -EIEI MELEE Chairman may exercise his
0lltilpial'4 and Emplnww authorltjr to augment such line item aoproprlatlon
from the 1ICth'[ELEC's existing savings, as this
The local chief executives may preventively suspend augnlentatzlon is expressly authorized in the 2014
for 3 period nat e1»:ceeding sixty [50] days, any GAA. Resolution No. 9364 is thereione pardallyr
subordinate off-cial or employee under his authority reverse and set aside insofar as it directed the
pending investigation If the charge against the said suspension of any and all proceedings in the recall
ofEclal or employee involves dishonesty, oppression petition. [SoN u. Bay mm GR No. 212584, November 2.1
or grave misconduct or neglect of perforrnan-oe of 2814]
duty, or If there is reason to believe that respondent is
guilty' of the charges which would warrant his Ground far recall
nemoual from sen-'ioe [Local Govern-ment Eod'e_ Sec
8511 The only ground For recall of local government
oftielals is loss of eonjlidenee. It 15 not suhjeet to
iud1c1a1 inquiry. The Court ruled that 'loss of
eonfldenoe' as a ground for reeal] is a polittoal
queslj on. (Gerda v. EDJ'-IELEC, ER No. IIIEII, Orr. 5,
It is a mode of removal of a public officer, bl.* the
1993]
people, before die end of iNs term. The pen]:lle's
prerogative to remove 3 public officer is an inelOent of
their sovereign power, and in the al:l5enr:e of
constitutional restraint, Me power is implied in all The Recall of any elective provincial, city, municipal or
governmental operations. ,[Garcia v. CO!-IFLEE ER. No.
barangagr oftlcial shall be commenced by a petition of
111511. DEL 5, 1993] a registered voter in the LEU concerned and
supported by the registered voters in the LGU
NDTE: Ml expenses incident to recall eleedons shall
concerned during the election in which the local
be borne by the IZCIMELEC. Far this purpose, the
ofllcial sought to be recalled was elected subject to
annual General Appropriatlnns Am [GAS] shall
the following percentage reql.ljremeJ1T_'=:
include a contingency Euud at the disposal of Ure
CDMELEE for the conduct of recall elections (LIE, Sac
1. At least twenty-Flve percent [259-tl] in Me ease
?5'
l..Glls with a voting population of not mere
Q: Goh Filed bel'ore the CDMELEC a recall petition than twenty thousand [2I:l,]llD],
against Mayor Eayrrlon due to loss at trust and 2. At least twenty percent {2]9-'bj in the ease of
confidence. Dn 1 April 21114, the CCIMELEE LGUs with a voting population of at least
promulgated Resolution No. 9884 whidt found the twenty tho1.lsand[2i].i]'ElI:l] but nat more than
recall petition sufficient in form and substance but seventy-five thousand ['?5,D][l]: ProvldetL That in
suspended the funding of any and all recall no case shall the required petitioners be less
elections until die resolution of the Mending issue. than Eve thousand [5.E1011]5
Petitioner suhrnils that die same is a grave 3. At least llfteen percent [1596] in the case of
abdication and wanton betrayal of the LGl.ls with a voting population of at least
constitutional mandate of Me ECIMELEC and a seventy-five thousand [75,[ll:l[l-1 but not more
grievous violation of the sovereign power of Me than three hundred thousand [30 1,0001:
people. what Resolution Hes. 9864 and 'JB-B2 have Provided, however, That in no case shall the
given with one hand [the affirmation of the reqLLlred nurnher of petitioners he Hess than
sulticienejr of the Recall Petition], Urey have taken fifteen thousand[15.DDll]; and
awa].r with the other [the issue of lack lending]. 4. At least ten percent [1.0-91,] in the ease of LGUs
The EGMELEC suspended die holding of a recall with a voting p-opulatlon of over three hundred
election supposedly through Iaek of funding. Did thousand {3oo.ooo];pr0vldeu, however, that in
the tOME LEt g;ra'.l'el1' abuse its discretion when it ND case shall the required petitioners be less
suspended die recall election? than forty-llve thousand [45,l]]ll] ft35 See 5-to.
as .amended by RA 5244;
A; YES. The CDMELEE eammltted grave abuse of
dixrehen in issuing Reaalutleul Nos. 9364 and 9882.
The ZD14 GAS provides the line item appmpriadan to NDTE: By virtue of RA 9244, Sees. 'HJ and T1 of the
a]law Use EDMELEE to perform HE r:m1stitutlana] LGE 'lII'l"EI'E amended, and Wie Pneparamry Recall
mandate of eenduehng recall eleetiuns. There is no Assembly has been eliminated as a mu-de of
249
XIIL LDCAL GDVERHMENT5
instlmling recall of elective Inca] government l::lfEr:ials. the next election'
3. Fan Gnvnrlmr Peralta refuse m run in the recall
AI] pending petlli-uns for racal initiated through nlectian and instead re'sig;rl from his position as
the Preparatnlyr Recall Assenihly she]] be considered gnvemnr"
dismissed upon the eITe1:t:11.r1t]," of RA 9244. 4"A,ppinved
Felllruafy 15. 2884]
I*pr=Lll I,'lrnf'p-¢'»: 1. The candidate Mao received the highest number of

votes in the nerall will succeed Governor Peralta
1. Petition of a registered enter In the LEU [toe Ser. F21
concerned, supported by percentage of 2. Governor Peralta can run again as governor. He
reglslered voters during due elect:l1:l»n in which the did nat may serve his third term, because he Iostin
Inca] official sought to be recalled was elected. the reeaI] e]er:t1on. H15 third term should not be
2. 'I.l'll!8thln 15 days after Ellng. EDMELEE must cerl:ifj.r included in computing the three-term Iimll;
Me suMcienqr of the required number of [Lonzanfdo v. COMELFC, ER. No. 1351541 turiv 28,
signatLmes. 15551
Governor Peralta cannot reliuoe to run in the rleeall
HDTE: Failure to nblajn required number election He IN automa1:ieal]_=,r -considered as duly
aulanlaticallyf nuillfles petition. registered candidate {LGt1', See ?In
3. Within 3 days of eertifiealion of sllFIieienq,f. He is also nut allowed Lu resign. The elective official
IEGIMELEE shall provide the oMcial sought to be sought m be recalled shall nut be allowed to resign
recalled with copy of petition and shall cause HE while die recall prueess 15 in prngless. {LE'E1 Ser; ?3']
publication far three eoolseeutl1.re weeks in a
national newspaper and a local newspaper pf limitalinui ml rprall 12 [III [mil 1
general eirveulatlon. Petition must also be posted
for 1D to 20 days at conspicuous places [LET, 1. any elective Luca] official may be the subject
See for {hj*{2}. is amended by 8.4 9244] of a recall election nnlyr once during his term of
l::lfti-me far less of-confidence; and
HDTE: Protest should be flied at this point and
ruled with flnalllyf within 15 days after Filing. 2. Nu recall shall take place within :me [1} year
from the date of the atTiclal'5 assunlptllrm to
4. EDMELEC verifies and authenticates Lhe l:tTl1:e or one [1] year immediately preeedlllg
signature a :regular electiizm (LIE, Ser; ?4
5. EDMELEE announces acceptance of candidates.
6. IEGMELEE sets election within 30 days after the The Qupreme Court held that the term recall referred to
llling -of the resnlulinn DI petltlnn Eur recall in in the one-3,-'ear time bar rule refers to the recall election
the case of barangayfcltjrfmunidpalityf, and 45 and not the preliminary proceeding je Initiate recalL It is
days in the case of pmvinclal nMda]; DEIicials dear that the initiation of recall proceeding is not
sought to he recalled are automatic candidates prohibited within the oneyrear period pro1.r:Ided in
[LEE Secs Fas FI] Section T4 [al of the Loc [Ci'oud'ro '|.". coiifcecc ca. No.
141-1565. .I-rlo_1." 4, 2o0ul
HUTE: The dflicial at nficlals sought to be recalled
shall autdmatir:all..'l.r be considered as duly NDTE: The one-year time bar will not apply where
registered candidate DT candidates to the pertinent the local official sought m be recalled 15 a mayor
pnsjtinns and, like dlher candidates, shall be and the approaching election 13 3 horongoy
entitled m be voted upon [LIE Eer; FI ] election {Mgohum u. cor4EL1=.t; GR No. 1.8'65?6.
Morcfl 5,/997j
Effcctivinf of Recall
Q: Sec. TO al' the LGE provides that 'of recall
The recall of an elect:ve local nfEcla] shall be elTecl:11.-'e shall take place wil;llil1 one year immediately
cinljr upon the election and pmclanlalinn of a successor preceding a regular laeal election." What dues the
in 'the person of d'Le candidate receiving the highest term 'regular Inca] election," as used 'm this
nu Arber of WEE cast du ring the election un recall serlien, mean?
Ehauld the nodal sn1.Lglll la be Detailed receive die A: Referring on an election where the olTlr:e held by
highest number of votes, mnfldenee in him is thereby the local elective oMclal sought to be recalled will be
affirmed, and he shall continue in -l:IEfl-ce [LIE Sen FZ] contested and filled by the electorate. [Paras lr.
EDMELEE, IL'F.R. Ho. 123/69, Not 4. 1998]
Q: Envernur Peralta was sewing his third term
when he lust his gnvemnrsbip iJ1 a recall el-ecljnn. II. will in be proper fur Usu CD14-'IELEC to act D11
a lpcl:itiun for recall signed byilmst-nm: person?
1. Who shall succeed Governor Peralta in his
ofEoe as Gaovornor? A; ND. A petition for recall signed by iustune person is
z. Fan Governor Peralta mo again as governor in in urlnlatlan of the §taMt-l:l»r}..r 25% minimum
PDLITICAL LAW
requirement as to the number of signatures provision and of the elrcunutanees surrounding its
supporting any petition far recall. Mnguhung u. farmulatinn impresses ul:m11 us the clear intent to
EQMELEL; ER. No. ]'265?6. Munch 5. 15521 make term llmjtnatinn a high priority etlnstltul1::lna]
::l:ljel:1:ive whose terms must be s1:rir:t1j.r ennstrued and
wellill III-"r which cannot be defeated by, her sacrifleed Eur, values
ufless than eq ual cnnsijtutianal worth.
Term it' ruffin: of an elected Inca] uffidal
The wards bf RA. H11 9'?1EI plainly slate that the new
Three [3] years starting from TLDDT1 of lune 3D Feennd District is to be created, but the Third DistrJt't is
following the election or such date as may be m be renamed The ralinnale behind reappnrtinnment
provided Br law, except that of elective humnguy is the -nqnslitutinrlal requirement to adiiesre equality of
afEcials, Eur maximum of 3 consecutive terms in Wie representation among the distrlels. The aim of
same pcls11:iun (LET Sec 43] legislative appnrtinnnlent is to equalize pbpulalinn and
ruling power anus dlsl:rle13. The basis for dis*trir:ting
The term of nEir.'le of Bamngny and Sanggunlang shall be Me number of Me inhabitants -of a -city DI' a
Kuharuun eleetl1.re nffII':lals. by Virtue of run 9164 and, prbvinee and nut Me number bf registered voters
RA 1l]?42, isthtee [3] year; tb run Br mason of
lilerein l"la'l.-'al's lnellgl bilitjr
riblatlqn of the three-term limit rule, dbes nut
NDTE: The objective of intpnslng the 1:l'LI\ee-term limit undermine Me right je equal representation bf any of
rule L=. m '81.l'Did Me recall of a single person the d1s1:r1e13 in Camarines Eur. 'With or w'i'L]'u:l»ut]'Lin1, d1e
accumulating e:0l:ess power ll:l1.-'er a particular territorial renamed Third ]IIisl1"le't, which he labels as a new set of
iurisdlctjan as a result of a pmlcmged stay in the same l:nnstit1.LenLs. would still be represented, albeit be
DM.CE'" anntber eligible person. [Nazi u. mmetse ER No.
Z1TF85/. fur s, 2814-j
Fur a three-term rule to apply, The local nfflcial must;
have fully served the term and been elected 1111'nu81'L Qt gag. E. ran Mr Governor of the Province of'
regular eleetiun. Parnpaznga, while his dose friend, Atty. M, ran for
Hajror of the Municipality of Guava, Patnpanga.
Q: From 211114 m zen? and IDD7 to 2010, Naval had The].r both win mnvincingly. E\l.rent11allj,af, the losing
been elected as a Board Member of the candidates timely Filed election protests. The losing
Sangguniang Panlalawigan for the Second District, gibernatorial candidate, Mr. A, 1i.Ied his pretest
Province of Camarines Sur. Un Dclnber 12, zoner, before The Regional Trial Court of Panipangja 1R1"tj»,
tire Presideot approved RJL He. 9716, which whereas the losing lna3roralt].r candidate, Mr. E,
reappe-rtioned the legislative districts in filed his protest before Me Municipal Trial Erfurt of
Earnacines Sur. B but et ID towns were taken from Guava, Pampaoga [T-'lT"l:I]. What are lite term Iiniils
tire old Second District to term the present Third for the positions oflitty. G and Atty. H? [2019 BAR]
District. The present Second District is composed
of die two rernaining towns, Gainza and Hilaor, A; Thu term of atfloe of bl:ld1 wsiUans is 3 years and for
merged with time towns from die old First District. not more than 3 ounseculive terms in the same
[n the 2111D elections, Naval once again won as position [Sea 4:-r, LIE]
among the members of the Sangunian, Third
District He served until 2013. in the 2013 Term Iimitnflinmnnuy ufjicialr
elections, Naval ran anew and was re-elected as
Member of the Sanggunian, Third District Nelson. The term of office of homngoy oMcMis was Fixed at
[ulia was likewise a Sanggunian Member candidate three years under RA. 9164 ,['19' March 2l5IEJ'2j.
from tlte Third District in t1te 2013 elections. He Further, Sec.43 [b] provides that 'no local elective
Filed before the EDT!-'IELEE a 'Verified Petition to oEEcla] shall serve for more than three [3] consecutive
Deny Due Course or to Cancel enc of Naval. Iulia, terms in the same poseidon. The Court interpreted Mis
posited that Naval had iuIly served for tllJ'ee section referring to ail local elective officials without
consecutive terms as a member of the Sanggunian, exclusions or exceptions ,{CDMELEC v. Cruz, se Ho.
irrespective et the district he had been elected 186516. Nov. 30. 2809]
from. Allowing Naval to mn as a Sangunian,
member for tlte Ieurth time is violative of the NDTE: 'II"cllunlarII,r renundaliun of the 1:rEEee for any
inflexible 'three-term lim: rule. is Iulia correct" length of time siriall not be considered as an
intem.LI:1:icln in the cnnlln1.Llly of service for the ful]
4: YE. As worded the cnnstitutldnal prmrisidn fixes term far which the eIec1:ive afflcial concerned was
the term of a l-uca] elective -uftl-ce and limits an electi1.re elected [Sec 4341, Las; see prex-u01.Is dEcus:s'}an an
l::fFLcial's stay in atlee to no more Man three Abundn v. COMELEE, mJI1-0.}
consecutive temp. The "limltatien" under t:l'Lls first
branch of the provision is expressed in the negative-
"nd such nodal shall serve fur more than three
consecutive terms." This formulation-no mere than
three consecutive terms-is a clear command,
suggesting 1j'Le ezdmence -of an inilexltile rule. This
eecarninatlnn of the wording of the cdnstitutianal

xiv. NATIUNAL ECUNDMY AND PATFEIMDNY
1lv. HATIQNAL EEDNDEI-'['l" ANI] PATRJMDNE' Ex-:pwrinn to *it Rvwllian Del"trinp
'.I'L"hen Uiere is an esdatlng nat:l1.re tide In land DT

Goals of the National Ecunamv -nwnerahlp of land by Fllipinns 111.* Virtue of pnasessin n
under a claim of nvmership since lime lnlmemarial
The following are the goals of the national economy: and independent of any grant from the Spanish
Crnvm. MariNa v. Insul'-ur Eauemment, GR Hn. 2869,
1. A more equltalole distribution of opl:lartunltles. Munch 25, Ian?)
income and wea]th;
2. Sustained inereaoe in the amount of goods and Any land that should have been in the possession of
serurlees produced by the radon for the benefit of an occupant and of his predecessors in interest since
the people; and 1:lme immemorial, for such possession would justify
3. An expanding pmduetiudtgr 33 the key to raising the pnesulnplion that the land had never been part of
the q1.Lalltjr of life for all, especially, the the public domain or Mat it had been a private
unde:l'prlvi]eged. (Fee. I , ArL X I I I98? property even before the Spanish conquest on Cho H.
EonMrution} Dimcror of Londs Gr No. 1.-48321, Aug Lrsr 3/. I§'4d}'
Haw *ht iran- m=w =it==in thf1 »:f1~2Il'~1 nt *hr natinual Ennsiitutinnaliw of RA 83? 1 'Indigenous Penults '
gfgngmjg Righls an" [IPRA law]
The Stare shall promote induslrlaliaatlon and full The Reg,a]1an Ddiztrine dues not negate natl1.re tide to
employment based on sound agricultural lands held in private ownership slnee time
development and agrarian reform, through industries lntmemarial and independent of any grant from the
that make Eull and efEelent use of human and natural Spanish Emlen. IPRA nemgrilses Me right of
resources, and which ape eompetitl1.re in how -nwnershlp of Indigen-nus Cultura] Communities DI
domestlr: and foreign market. However. the State Ind lgeltntls Peoples [lt:cs,4ps] to their ancestral
shall protect Flllpino enterp rises against unfair ddmalns and ancestral lands un d'Le l:lasls of native
foreign competition and tl'ade praeliees. 1"5ee. 1, Art title. [Cruz u. Ser. n,fu.#:nR, GR No. 135385, Deremberd,
XM, res? Constitution] 20001
-1l=1=u1u4I 1111i1:18- NDTE: The eonstimtlonallty of the law was deemed

upheld on]],r because the votes were equally di1.l'lded 7
Regalian Doctrine to T. Hence, the necessary majority was not obtained.
Accordingly, pursuant to Rule 515, Sec. 'F of the Rules of
All lands of whatever ciassiiication and other natural Civil Procedure, the petition was dismissed.
resources not otherwise appearing to be clearly
within private ownership belong to the State. The Native Title
State is the source of any asserted right to ownership
of land and charged with the conservation of sudi Native tllle refers to pre-mnquest rights un lands and
patrimony.-'. {Re,pu£rH-c v. Rorres-es, GR No. rassrtt done ddmalns which, as far back as memory reaches, have
02, 2014: Sac QJFDEHR 1.-'. Yup, GR No. I5??0F', October been held under a r:]airn of private ownership by
8. 20oa,t ICEs,l'IPs. have been pubLic lands and are thus
indisputably presumed m have been held that way
Il-ltil.8IElI!IliiI'. since before the Spanlsh Conquest .l'.S'el:'. so, Chapter
_18.4 as
Under the concept of jura regalia. private tide to land
must be traced to some grant, express or implied, Anrrifral Domain
f ro m t h e Spanish Erown DT 113 successors, the
American Golonial go1.rernnleJltu and thereafter, the All areas generally belonging to I'l:IEs..FIPs comprising
Philippine Republic. Title to land must emanate from lands, inland waters, coastal areas, and natural
some source for it cannot be issue forth Eroni resources therein, held under a claim of ownership,
nowhere. occupied and polssewed by IEEs.,FIPs, by themselves DT
tl1rou8'L their ancestors, oommu rally or individually
Jura regalia simply means that the Stare is the urlglnal since time immemorial, continuously to the present,
prnprletar of all lands and, as such, is the general except when interrupted be war, force majeure or
suuree of all private tides f.4..l;II e'a ¢:ulHl 2015] displacement Br force, deceit, soealth ar as a
oonsequenoe of government pnoiects or any other
Fro=*li=m ['lflftrinp ii fmhnflivfl in t*11p fnnilin1finn voluntary dealings with government and..Folr private
lndi1.ridua]s or corpd:rations. ,g'5'ec. 3{o_], Chapter H, RA
All lands of the pulnlle domain, waters, minerals, mal, can;
petroleum, and other mineral mils, all forces of
potential energy, Hsherles, forests, or timber, wildlife, Q: In 1958I President Garcia issued a Presidential
Hera and Eau no, and other natural resounzes are Proclamation reservion llertare of lands of the
owned Br the State. With the exception of agricultural public domain in 1'-'lusuan Bukidnon, as a school
lands, all oUter natural resoun:es shall not be site fer Central Mindanao University. In zoner,
alienated. [See 2, Aft XII, 1 is? L"Joostftutlon_] President Arroyo issued a Presidential
PDLITICAL LAW
Prndamatiun taking hectares from EBI-'Il.l'S fur another 35 years; (/987 ILT4:l»nsnrr.rlinn, Art
registered lands fur distrihutien to indigenous XII, Sea 3]
peoples and cultural enmmunities. CMU filed a
peljti-nn to declare Me proclamation 4. Certain areas oflnvestmentz reserved for Flllpln-o
uneuoslitutianaj. Deeside. eltizens DT entities with 50% owned by Flllpinos,
althoug]'L Congress may provide for higher
A; The lands by their character have become pekoe rage, use? Eonsritu son, An; XII, Ser; 10]
inalienable from the moment President Garcia 5. 111 the grant of rlghm privllegfs and concessions
dedicated them for Ch-'[l.ls us)e. They have ceased to be wvedng the national economy and patrimony,
alienable public lands. Besides, Sec. 56 of IPRA Slate shall glue preference to qMUEM Filipinos;
provides that ]:lropertgl,r rights within the ancestral and [I MF EomHmtMn. Art KH, Ego 1o1
domains already existing and,r'or vested upon its E. Franehlse. eertlfieate or any omer form of
effectiviqr shall be recognized and respected In 'this auMol'izatlon Ear Me operation of a public udllW,
case, ownership ever the subject lands had been only to Filipino eltimna or enOOes MW 60%
vested in EMU as early as 1959. Eonsequentll.r. owned Of Filiwnoa {198F Constitution, Art XII,
transferring the lands in 2033 tb the indigenous Sec. Ill
peoples around the area is not 1h accord with IPTUL
l"ElI-IU u. Exec Secretary, as Ho. 184869, September 2."Il HGTE: Such franchise, etc., shall neither be
zero; exr:ILI.=.:l\fe. our, for a period longer than EI] .'l.rears.
and subset in amendment, alteration DI' repeal
Br Enngness. All exel:ut11.re and managing nMeers
must be Fillplna dtlzens.
Ffliwral=-=f1 '-1="l'i1r11if1 ii Prf»'¢i-'lfd in #nrt 1:11 of tllp

. . Q: President Estrada signed into law RA. Graz, also
known as the Retail Trade Liberalizatioo Art of
1. Cu-production, inint venture, or prnductlnlt 2Dl:il:L It expressly repealed R.A. 1130, which
sharing agreement for exploration, develnpmeiit absolutely prohibited foreign nationals from
and utillzalinn [EDIJ] of namra] resources: engaging in l;he retail trade business. RA.. 11762
new allows them In de under special categories.
Several members of' the I-louse of Representatives
GR; Fillpinn dtlzens or entities 'vdlh saw, Filed a petition assailing the constitutionality of
capllalizadan ::llAmed by Fillpinn citizens. RA 8762. They mainly argue that it Wolates the
mandate of the 1987 Constitution For the State to
KPN: For large-scale EDU of minerals, petroleum
develop a sell-reliant and independent national
and 4:l-1i\er mineral mils, the President may enter
economy efleetiirely controlled by Filipinos. is the
into agreemenTs with foreign-awned
Retail Trade Liberalization Act of 2i]i]1]
ronstitutionaj?
enrperatiuns ln1.r-]lvtng lechnrteal DI' Enanda l
agreements [nl!,-'_ fl98? Co-nfrtjturian, Art XII, See
A.: YES. 1|"|.I*hlle Sec. 15; .4»-c H of the I98? IE'onsricunon
2) [2019 EAR]
requires the dem-'elopnlenl of a self-reliant and
independent national economy effectively controlled
Fir=lllp m=11r =lIon rlinpl'rlv 4"'lr1j1ni1 its nahiral by Filipino entrepreneurs, it does not impose a policy
w1=1111"="f~4 inrithvr of two w-'11r~v of Flllplno monopoly of the economic environrnenL
The objective is m simply prohlbll foreign powers or
interest from maneuvering our economic policies
Slate may set up HE own company m and ensure that Filipinos are given preference in all
engage in the explu ltatlnn of natural areas of development It does not i'ule out the entry of
TE§D1.llf'*CE'S.
foreign invesonenls, goods, and seruicex While it
EL Slate may enter into a flnaneial 'DE' does not encourage their unlimited enl:rl.r into me
technical assistance agreement coun1:r!."r II does not prohibit them either. In fact, it
{"FTAA'] with private enmpanies who allows an exchange on the basis of equality and
act as l'.'CIlfltl'3.CI:DT§ of the State [La reclprocitg.-', frowning only on foreign colnpelitlon that
Bugul'-Mann '|.'!. DENR See, as. Na. is unfair. {Espino '|.". Zamora, on No.
129332, [an WV?2.7, z4:m4}.
14385-i September 21, emf;
z. Use and en101.rment of nation's marine wealth an alien may not acquire prupcrtv up virtue Ni a
within the territory: Exclusively for Filipino purchase made up him and his Filipino wife: 11994,
citizens; (198?Constitution, Art XII, Sec. 2 1449 gnu: 'Hint B491
3. Allenable lands of the public domain:
a. Glnljf Fi]il:ll.m: citizens may acqulne not more The Iiundamentel law prnhibim the sale to ellen of
than 12 hectares by purchase, homestead do residential land. Sec T, ArL x11 ordains 'Lhat, "Save In
grant, Dr lease not more than 500 hectares muses nfhereditary succession, no private [cmd sire!! he
b. Private corporations maj.r lease not more trensferwd DI' conveyed except re Ind1vidueLq,
than 1DI:JD hectares for 35 years renewable mrpemtinrm DI' nssncinrlefts flu-r:rIui!ed' re .l::rl:q'ulm or
253
never lands of the public d'4:rml:un.' Thus, assuming that Also known as the The method Br Mtieh the
it was his intenden that the lot in queslicm be 'liberal tesil"; This peeeentage of Filipino
purchased by him and his wife, he acqulned no right provides that shares equity in 3 eerperatlen is
whatever ever Ure property Inv virtue of that belonging to enmputed, in -eases where
purchase; and in attempting to acquire a right ar oorporatlons DJ eurperate shareholders
interest in land, vlcarinusly and clandestinely, he partnerships at least are present, by
knnwlngly violated the Ennstltutinn; the sale as to him 60% of the capita] of attributing the
was null and veld. which is owneO by na1:lena]ltjl.r of the second
Fllipino cllizens shall be Dt' even subsequent Der
He had and has no calpaclt§l,r or personality to question considered of Philjpplne of ownership to
the subsequent sale of the same property by his wife natlo11allql.r. determine the nat:luna]it'y
on the theory that in so doing he is merely exercising This does not srrulinlze of the corporate
the prerogative of a husband in respect of conjugal further the ownership of shareholder.
]Jropert}.-'_ Ta sustain such 3 theory would permit the Fillplno Thus, to arrive at the
indirect -oontro1.rersion of' the oonstltuttonal shareholding; aetua] Filipino nwnerstdp
prohibition. If the property were m be declared and eentrel in a
conjugaL this would accord to the alien husband a not enrpuratiun, both the
lns1.LI:lstantial interest and right over land, as he would dlreel and indirect
then have a decisive vote as to 113 transfer or shareheldlngs in the
disposition. This is a right that the Constitution does eerpnratinn are
not permit hlln to have. fiheeseman u. lAC, ER. No. determined.
:?4S8'3Jon Lrory21, 19911 Pl'lmar.3"r test [but it may Applies only when the
be cnmblned with the E1]-4] Filipino-foreign
. |-
I |- |I I
.|
I .r r I|
Grandfather Rule] ownership is i11 dmlht at
i
1.l» \ I ore there is reason to
Believe that there is nan-
Evmlnrati-all.. :in-vrlunmrnt =mrl 11liizatinfl ni compliance with the
natural rlcsnurccs [2015 BAR] pmvislons of the
Go-nstltutlon on the
Duly Filipino citizens and corporations DT associations LiaOonaliw respirion .
at least sixth,-' percent [689-'ill of whose oapltal is owned
b:.' Filipino citizens are qualified to take part in
exploration, development and utilization of natural NUTE: "Doubt" does not refer am the fact our the
resources U98? £'onstlltr.rtaon, Art .HL See 2,1 apparent Filipino ownership of the r:orporatlo11's
equity Falls below the 60% W'eshold. R.al:.her, it refers
Since natural resources, except a,gr1cu]tILLra] resources to 1.-'arious candida that the "bench-l:lal ownership' and
that cannot be alienated, Meg can be explored, "e4:lntro]" of the corporation do nat in fact reside in
developed, or L1li!12:ed by: Fllipino shareholders but in foreign stakeholders
1. Dlrecl undertaking of ar:livi1:ies by the State Eireumstanees Mat compelled the applieaticm of
2. [Lu-production, jeinl venture, nr pmduednn the Graiidfather Rule in Harm Nickel' Mining v.
sharing agreement wllh Lhe State and all under Redmcmt Consolidated Mines
the fuLl euntrn] and supervlsinn of the State
[Miners Assneinrlnn v. Fucramn, ER Na 98332, 1. The three mining corporations had Me same
Ianumgr 16, 15951 100% -Canadian owned foneigrl investor;
2. The similar corporate sl:riLLoture and shareholder
HBTE: However, as to marine wealth, only Filipino co mpositjon of the three corporations;
citizens are qualified. This is also Due of natural 3. A major Fillpino shareholder wlthln the
resources i n rivers, bays, lakes and lagamis, but w i t h corporate layering did not pay any amount with
allnwanre for cnuperatlves. [I98? ISensLftutll4:l»n. are respertto its suhserlption; and
Ill, Sec. 2, pun. 2' and as 4. The dubious act of the foreign invest-or in
conreyirlg 113 interests in the mining
Control To-stand Grandfather Ruin- [Il]15 BAR] corporations to another domestic corporation.
In !ll'l:1m:r Nickel Mining and Devetnpment Carpe-rntinn NDTE: Cnrparate layering 15 valid lnsufar as it dues
v. Redm-ent Consolidated Mines' Cnrpnrntiail, ER Hn. not intend to 1:l1'r:1.Lm1.renl the Fi]1l:'1nn nwnershlp
195588, January 28, 20/5 {ResnlutMn}, these rwn tem req uiremem of the En11slit1.ltlnn. {!ll':ln"a Nicks! Mining
were discussed by Use Supreme Gnurt in determining and Dewfapmenr Cnrpnm Linn I-l'. Redman: Eonsnfida Ted
whether or nat Narra Nlekel Mining and De'ue]npn1ent Hines EurpuraNan, ER. Nu. 195580, .4pnf 21, 2014j
Eeurpnratien Tesoro Mining and [!le1.-'elupnlent. Inc,
and MeArthLLr Mining, Ine. l:nn'l]:llied with the Filipino 'J=11i¢li""¢' of *anvil*-r fnnrral* pntvrrd il'lIn to the'
nwnershlp t*equi]'elnent, thus, entitled to I-'lineral WIN ii Ht 4 Flrvirm-n1nmpd in rnnralinfl
P1'eduMnn Sharing Agreements {l4'IPSAs].
Subject to Use struct lumltahuns on the last two
paragraphs of Sec. z Art x11. financial and technical
PDLITICAL LAW
agreements are a farm of servtre contract These Thus, in]!." Filipino citizens nr corporations at least
service eontraets may be entered into only wid'L 60% of who-se capita] is Fllipine owled ave qualified
respect to minerals, petroleum, and ether mineral oils. la acquire a franchise, eertlfleate. DI' auth1:»-rlzed to
The grant of' sudan servtee contracts is subiert m operate a p1.Lb]i4: utility.
several safeguards, among them:
rlprrari in of. Nw11l=r*1hip» of Puh1i¢ Htililiti
1. That the service 1:lnnn'ar:t be crafted i.l1
acmntlanre with a general law setting standard The Constitution requires a Eranehlse for me
of uniform terms, mnditluns and requirements, operation of a puhlle 1.Ltllit'j,l'. However, it do-es not
oequloe a Eraoehise before one can own the faellitleo
RIJILFD: To attain cerlaln uniformity in prnxrlsjnns needed to operate a pul:IL1l: utillly.
and as-uid Me pnsslble insertion of terms
dlsad1.-'antagenLI3 to the r:n1.1n1:l'3-'_ Delcgatian of autjlnritv to grant franchise
z. President be 1111: 5ig;natnr3r fur the government; ER; Under the Cnnstlludan, Congress has the
and aulharlty to grant a public utility franchise
Rut if: Before an agreement is presented to the XIAN: In case of valid deiegatimi of Ieglslatlvr
Presldent for signature, it wm have been 1.rette:l authority to some administrative agencies to issue
several 1:lmes tl1.-'er at different levels to ensure franchises nfr:e:rtaiJ1public utilities.
'Lhat II conforms to law and can withstand public
scrutiny. Franchise requirtinent belhrf one can operate a
[IH l'IIlil" 11r[1 iT'¢' [1994 EAR)
3. Presldenl repurls the executed agreement to
Congress withi:l1 30 days. The 1:IonslillLtion. in no uncertain terms, requires a
franchise far the operation of a public utlliq.r.
Ratio: To glue that branch of government an However, II does not require a franchise before one
opportunity to ]ook over the agreement and can own the facilities needed to operate a public
interpose t:lmeI3.r obieetions. if any. [Lo Hugo! utllitjr so long as it does not operate them to serve die
B"Ioon- v. m=.wR. ER No. I?9983, Dex-:Ember I, public.
20041
S-ec. 11, Art. x11 provides that, "No franchise,
certlfl Cate or any other form of authorization for the
opemdon ofa public ui'J'Hlt}" shall be granted except to
citizens of the Philippines DT m corporations or
associations organized under the laws of the
Pl1bliEl.Iti1iT\" Philippines at least 61% ofwhos-e capital is owned bl.'
such citizens, Jior shall such franchise, certificate or
A 'public Il.1ll]itg,r" is a bILLslness or ser1.rlr:e engaged in
authorization he exclusive character or for a longer
regularly supplying the public with same cn-mmndit'j.-f period than 51] wars' {Toted in. Homan, is. Ho.
or eervjce of public consequence such as electl'lclt}.-'. 114222, April 6, I9951.
gas, water, lransp4:lrlatll::n, telephone or telegraph
service. (Sec IJ, c.4 No. 146: Nl:lNnnur:l'! Power
Exfiuiiviw of allllhli-: uIi1iw Fran-rhiie
4f.'nrpnrl:rE!an nr. ca, GR Na I12?l5l2. September26, 199.71
A franchuse to operate a public utility is not an
Public utilities are privately owned and operated
exclusive prl'uate property of the franchisee. Under
b1J5inesses whose services are essential to the general
the Constitution, no franchls)ee can demand DT acqulie
public. They ape enterprises which specially cater to
efxcluslvltlr in the operation of a public utllitlj.-'. Thus, a
the needs of the public and conduce to their comfort
franchisee cannot complain of seizure or taking of
and conuenlence. As such, public u1:llit'.g"' ser'l.-'ioes one
property because of the issuance of another franchise
impressed elm public interest and concern. l"KJl'uso:1g
to a competitor l'PIllpir:o Telephone Corp. U. NTC on
M'l:!_1."' Uno labor Eenter v. Eorcio, LTFR8 on No. Ho. 138295. August281 sous
115381, December23, 1994]
[Na-eration it' a Public Utilizer

Fnrrifllrri who own 'iulwfanNal iturkhrflrlinrw in
a mrp-nra1:lun, Engaged in the advcrdsing
Na franchise, certificate, or any other Form of 10-1u'i"T"£ p-1l1l1-'It ii* at 11 Irr==\1urp1" of i=1i='l
rnr;w~1"a1-inn [1989 BAFII
authorization for the operation of a public utility shall
be granted except to citlaens of the Philippines DI m
CDI'P'l]l'3.tl1]ll3 or armor:iatlons organized under the laws A l1"easII.mer of the corporation is an exeeuljve and
managing Meer. The advertising 1 nduslJ']l,r is
of 1:l1e Philippines at least sixty per centum of whose
impressed with pulolie interest, and shall be regulated
capita] is owned he such citizens, nor shall such
by law for the proteetlon of-consumers and promotl-on
franchise, eertihcate, or a1.Lthorlr.atlon be exr:]'l.Lsive in
character or for a longer period than iiftj,f years. [Sao
of the general welfare. The participatlmi of foreign
investors in doe governing body of entitles in such
11, Arr. Xil, res? Constitution]
industry shall be limited to their propcirtlonate share
255
in the capita] lhermf, and all the executive and Alliance of 14g;ribu5inesses in the Philippines
managing nor:ers of such endtlcs must be citizens of [A.AP], an prganizatian of domestic companies,
the Phllippines. pin. XVI, Sec' II {2.'}, 1'9E?£':1rl:LFtuI.1anlT assaijed the E41ard's approval of the A.EE's
applieatierls for registration for being violative it
flwnp1"'i*1ip rpql1irpmpflt the mnstitutibnal previsiells against foreign
ownership el' enterprises in industries imbued
1. Adverlising- T098 of their capital must be owned with public interest is the ebntentinn bf AAP
by Filipino ctitlzens l.=1rn KW, .Sen 1{2}j correct'
2. Mass Media- must be wholly owned by Fllipinn
citizens lf.4.r1'. IW, Sec. Ilfljj A. ND. The Constitution does not prohibit foreign
3. Eduraiinnaj instituljnrls- 68% of their capital ownership of industries in the Philippines, save For
must be owned by Filipill-n dtlzens 4fA..r£ X/lrl Sen -certain industries, such as advertising, public utilities,
4i'2.FJr mass media, educational institutions, ownership of
private lands, and the exploration, development, and
lntprllrptaliml -at rhf tprnl "I"aniI=l1 ' at ulpfl in Shirr. utilization of natural resources. The F-orelgn
II. Art- 311 in rlpttrnlilliflE mmnliancv mm uu- Investments Act of 1991 declares that as much as
ownership rlcqui rcmcol. 108% foreign ownership in domestic enterprises may
be allowed, except for industries in the negative list
Refers pnljr to shapes of stock entllled to vote in die In this regard, the E-oand does not place
election of direcmrs, and only to cpmmcm shares and "a,grlculture,l*agrlbusiness and flsherj.f" in the negative
not to Wie total ulllslanding capita] stock comprising lists for a number of years already. Thus, agribusiness,
bpLh common and nun-vntlng preferred shares not being a nationalized or partly natjonallsed
Industry."r Jnayr be Jnade the subject of foreign
Considering that common shares have voting right im-'estnlent. [National Federation of Hog Farmers,
which translate to clon1:rol., as opposed to preferred Inc. v. Board oj"lnvesD'nenLr,. et al, ER Na 285835,
shares which usually have Ill] 1.ro-ting rlghm the term June 23, znz El, us penned byjt L:-Iowfnj
'capital" in See. 11, Art :of of the EolutltuOon refers
only to 1]'Dl11lf\'\lIIlfl shares. I-lowe1.rer, If Wie preferred
shapes also have the right to vale in the election of
directors, then the term "capital" shall include sudi
preferred shares because the right lc: participate in
the control pr management of the corparatlon is
eserclsed through the right to 'note in the election of
directors. In short, the term "capital" in Sec. 11, Art
The pl:l»'l.~.-'er to gen-ern | Thr; eapaI:1t!," el' the State
xi] of the Constitution refers only to shares of stock possessed by the Stall: | to own or aequlre
that can vote in the e]ectlon of dlrecoors Hiomhoa u. which 's embraced in | properties
Sec. clf.F'[narnce. as No. 1?-E55-'SL June 23, 201 I).
§»IJ1l'Et'E]ullTj,I'
HUTE: The Constitution expressly declares as State

fla9iEra6nn of Inndq of Pnhlir Finmain IA-F-H»'|i-
policy the de'ue]opnlent of an economy "elTeoti1.-'ely
controlled" be Fllipinos. Consistent with such State
M
po]1cjr. the Constitution explicitly' reserves Me
1. Agricultural,
ownership and operation of public utilities to
2. Finest or timber;
Philippine nationals, who are defined in the Foreign
3. Mineral lands; and
Inirestrnenls Act of 1991 as Filipino citizens, or
4. Naliunal parks Hen 3, .4r1 mfr, we? Eanstatr.rUnn}
oorporatlons or associations at least 60% of whose
capital with voting rights belong to Filipinos (Bamboo
llnnlrpr~=inn Chi Puhlir lan-'l to Pri\f are land
v. Sec o,I"Fin.l:mcc, umf.,r.
Before any land nlay he 1:l:m1.feJ't.ed no alienable and

State Take-Di-'er ui Business Affected with Public
disposable land, there must be a pnsldve all from the
lnterrirr R»pqui'4i*t'1
government Unless and until the land Is released in
an racial pl'nelamatinn. it mar not En1'n1 [part of 'Llle
The Stale may lake over DT divert d'Le operation of any
disposable agrleultuzral lands of the public domain.
privately owned public utility or business affected
l"5'r.rnheam v: Ed, GR Ne. I.-5I.l464,jan nrnry25, I998]
with public interest provided that:
There must be an express declaration Br the Stale that
1. There is natlena] emergency,
the p1.Llsllc dominion property is no longer 1 ntended
2. The 1:n.LI:l]le interest in requlnes; and
for public serI.rlce 'DT the development of the national
3. Under reasonable terms preserved by it. (Ser. 152
wealth DI' that the property has been converted into
Arr. KH. 1982? Eanstirutinnj
patrinloniaL Without such express declaration, the
property, even If classified as alienable or disposable,
q_ Eharnen, a foreign-nwned enmpany engaged in
remains property of the public dominion, pursuant to
agribusiness, applied for regjsiratinn with the
Article 42i]l[2], and thus incapable of acqulsltlon by
Beard of Investments [Board] as a new prndueer
in the swine, p-nultry, and fishery industries. The
prescription. lr is only when such alienable and
disposable lands are efxpresslyr declared Ba* the State
PDLITICAL LAW
to be no longer intended for public oerudce or for the la circumvent the prnhlbltlnn by pajmig money m a
development of the national wealdt that the period of Philippine landowner in exchange for a deurlse of a
aequloitiune prescription can begin to run. Such piece of land. [Ramirez v. Ramirez, ER Na I.-2?5l52{,
declaration shall be in the form of a law duly enacted Februnrjv 15. 1982]
by Congress or a Presidential Pmclamadon in cases
where the Poesldent is duly authorized be law. (Heirs H411 lra1-hnrn ¢'iti:'4"n1 who lnlr Igor-it r'iri':pn~=l\il;
of .F-l'orl.o Molobonon u. Republic of the Philippines, GB
No. I?slo8? Apr!! 29, 2009) Any natural-burn citizen of the Phllippines who has
lost his Philippine r:itlzens]'Lip and who has t.11e legal
Purlchasc DT grant capacity in enter bantu 3 eelittraet under' Philippine laws
may be a transferee of 3 private land up to a
Public land is acquired from the government either by maximum area of one izhnusand square meters, in me
purchase nr by Mirant (Uh Cho u. Director ufLunds. GR case of martian land, prune heetane in the ease al i'1LLra]
Hn. L-48321, August31. 1946] land to be used Br him as his residence. (See. 2, EP
185)
Prp'ifr1` l1Ii=111
Religimis 'Earp-nratiuns can own lands
Public land held Of a possewon personally or through
his predecessors-in-lnteresl, openly, contl nII.1o1.l3l.[," and Acorporatlon sole by the nature ofi1'_'~; incorporation is
exclusively for t:l'Le prescribed statutory peclod is vested with the right to purchase and hold real estate
converted to private pmpecty U:.f the mere lapse of p-roperly. lr need not therefore be treated as an
completion ofsald period, ipso Jure. The land ipso June orOlnarjr prl1.l'ate corporation Oecauoe whether or not
ceases to be of the public domain and becomes pri1.-'ate it be to treated as such, the Eonstlludona] pro1.-'lslon
property. {Dlrecl5or of Lands v. fax; so No. r30o2. involved will, nevertheless, be not applicable. [Sec
December29, I sssj 113, BP 68; Republic u. ME ER Ho. ?5042, November
25. I9-88]
Two [21 kinds a t nrescmiplinu 113' whirl
P=11'r'imnM=l For-nnrrw milk' hr* arauiwd RrlMnu4 =w-rn-cia\'inl1'i rnIllTnl1{'d lw gnu-Filipina-z
rain-at nwu In nd'-9
1. Grdinary - possession for at least 11] years, in
good faith and with just title The Eonstltutlon makes [10 exception in favor of
z. Extraordinary - possession for at least 30 years, nellglous asso-ciatlo11s restricting the acqLdsltion of
1'-egazrdless at' good fall or just title public agricultural lands and other natural resources
la corporations or associations at least slay por
There must he an express declaration that the centum of Me capital of which is owned by such
property is no longer intended for public ser1.rlce pr citizens. To permit religious assocladons controlled
development of national wealth. Without such by non-Filiplnos to acquire agrlculmral lands would
declaration, the property, e1.-'en if classified as be to drive the opening wedge two revive alien religious
ailenabie and disposable, pemalns property of the land holdings in this country.-'_ [Register o,fDeeds v. use
Stale, and thus, may not be acquired by prescription. Elo So Temple on Ho. L-6??s Moy 21, 19551
[Morehouse u. Republic, on No. IFSISIEF, .4pr'ii 29, zoos;
Aliens and aiicn-uwnnd El}l"DD['lli11]:l'lS may case
Dispusitian it' private lands DI' holding of lands -Ni private lands
the public domain
The lnasiniuni period allowable for the dura1:lon of
Na private land shall be transferred ar conveyed leases of private lands to aliens DT alien-owned
except to individuals, mrpdrati-ans or asscnclad-dns corporations, associations, DT entities not qualified to
qualified m acquire or hold lands if the publle acquire private lands in the Philippines shall be
domain. (Sec. F, Art .TIL 198? En-n5LI'tun4:rn} twenty-five »[25] years, renewable for another period
of twenty-fl1.-'e {25] years upon mutual agreement of
En:-znpninns; both lessor and lessee. (Sec. I, Po 4?I,l'
1. 81.' hereditary sueeessian;

2. Former J1atural-l:ll:IJ'n edtlzens of the Philippines
wlhp has lost his Philippine citizenship; They can olw'n Philippine near estate through 1:he
3. E-cmdpminiumunits purchase of oondcnninium units or townhouses
4. Those acquired b].r .Hl.me]'ieans while Me Parity constituted under the Condominium principle 'arith
Rlght agreement was still in eEfeeL [Londomlnlum Certificates of Title as long as the Allen
interest in such corporation does not exceed the limits
imposed Br existing laws. (See 5, R.-4 4926;
l'lp1n*:'lit=\T"£ '=u1r-"p*=1irrn: lnt-'*=t=1*p '4uH"r1=ai-'ru
This means foreigners who inherit through Intestate It expressly allows Eoneigners to acqulne
suecessia-n. lr dues not extend In testate succession condominium unit and shares in condominium
Eur otherwise the Canstilutiena] prnhibltian 'will be Cl'J]'PDI'EIIi.DII$ up to not ]`lfllDTE than 40% of the total and
fur naught and meaningless Any alien would be able outstanding :apltal stock of a Fllipino-ownodl or
r:onl1\olIed corpara1:io-n. As lone as the l5i]!'.~~l'~l of the
25?
members of this Condominium IE1:lrl:mrad11n are mJlllifjl.f the examination Desulm nblalned by the
Fllipinn, the nemalning members can be farelgners. examlneel [PEE u. De Guzman, GR Na. 1'4468'I,june 21,
Hamhung Hen hard' Hurst u. FR EuiJ'derg, Inc, GR Hn. 2884]
1563-64, Sepfentfier 25, 2008]
Requirement fer Foreigners to Practice of
_'l¥4*1lf'!=l"ii¥'Ii*1~*l"Ii*= hledirine in the Fhilippinw:
A foreign ellizen is required to submll competent and

Prarlirp of Prnftq-:inn in Ihr- Phi1irt|1iupc
conclusive documentary e1.rldenoe. confirmed bl_',' the
GE: The praclicr of al] prnfesslnm in the Phllippines Department of Foreign Affairs [DFA]. showing that his
oounlr.l.r's exlsling laws permit dtlrens of Me
shall be limited to Filipjnu citizens. (Se: 14, An; in,
Phl]1pplnes to praeliee medielne under the same rules
I98? Eanstlltr.rLI'nn}
and reg1:ILat1ons governing ellizens thereof. r'Eoo.r'd of
XPN: Save in cases prescribed by law. Medfefne u. Yusuyuki Do, on No. 166091 July 14. 2808,
Sec. 9, RA No. 2383 'MedI4:'4!:l'{ Act of 1959 "J
RI:-ciprucitv Clause
Q: Yasllyuki ora, a lapanese natiooa! residing in
The principle of neelprndty states that favors, the Philippines, graduated from Bicol Christian
beneflLs. 'DT penalties that are granted by one state to Eollege of Medicine with a degree of Doctor of
the cltieaens DT legal entitles of another, sh-nuld be Medicine. He Filed an application to take the
returned in kind. medical board examinations in order m obtain a
license. He submitted the Medical Practitioners
111 this regard, a Foreigner may practice profession 111 Law of ]apart duly authenticated bar the Consul
the Phillpplnes if there is a reciprocity ptuvlsian General of the Philippine Embassy to ]apart. After
provided in laws regulating a pm-Fessian. passing die board exams, the Beard of Medicine
denied i]ta's request for' a license to practice
Rpi!ulatinnn[lhp Prarticv of H~"lpfliI"iup medicine in die Philippines on tile ground that no
reciprocity can be found in the law of Japan as
It is long established rule that a license to praetioe there are no Filipinos wlho can possibly pracl:ice
medicine is a privilege -Ur franchise granted by the there. Dca filed a petition for mandamus against
government However, Me power to eeglilate the the Board. Decide.
exenclse of a profession DT pursuit of an ocoupalion
cannot be exercised Br the State DT its agents in an A; I will grant the mandamus It is enough that the
arbitrary, despotic, or oppressive manner. [PRE u. De laws in the foreign country permits Flllplno to get
Guzman, GR No. 14468/, }r.rne 21, 2004] license and practloe therein. Requiring respondent to
prove first that a Filipino has alread1.r been granted
Q: Graduates of Fatima Allege of Medicine passed license and is actually practicing therein unduly
Ulf Physician Licensuce Exam in 1993 conducted expands the req1.Lirements provided for under the
by the Board Ni Medicine. The Board observed Medical Act It merely requires a foreign ctltlzen to
that the grades at TO successful examinees from submit competent and conclusive documentary
the said college in the must difficult subjects were eurldenee, confirmed Of the Department of Foreign
unusually and eiceeplzinnally high. The PRE asked Affairs []IlFA], showing1:hat his cou11tr'.],F's eadstlng laws
the NB] to investigate the irregularity. The NEI permit cltisens of the Phillppines to practice inediclne
found that the questionable passing rate of Fatima under the same rules and regular:l-ons governing
examinees leads to the conclusion that they citizens thereof. {8oordof!-redicine v. Yasuyuki Ora, GR
gained early access to the test questions. The Ho. 1660952 run 14, 2808: Sec 9, RE No. 2382 "Medical
Beard issued a resolution withholding the Act of]9553
registration as physicians of all the examinees
from Fatima -College et Medicine. The examinees Praclice al' Law
filed a special civil anion for mandamus a9inst
the Beard of ll-'ledicine praying that they be Glnlyr [-':l.li]Jin0 tllizens may be admitted m the
nM-ered to administer the pIlysician's oath and to Phlhpplne bar and lhereftme, practice law. {'Rul'e 138.
enter their names in the rolls of die PRE. will the Rule: of&uu}
action of the euarnioees prosper?
Filininn lr'i*i'l:l-1'\*zl'lil1 ii a rnntiuuillii rfquirvmfnt
A: run. For mandamus to prosper, there must be [nr nram'lr'lp =1fl=1ll:
showing that the Board has a clear legal durra,"F not
involving discretion. Section El] of the Medical Act of Filipino citizenship is 3 requirement Fur admission m
1959 provides that the Board of Medicine shall sign the bar and is, in fact, a continuing requirement for
and issue eerdNeates of registration to those who the practice of law. The loss 'Lhenenf means
have sat:lsFat'torllj,f complied wilt the nequirenilenls of termlnatl-nn of the petllinner's membership in the bar,
the Board Gleaned from the Resolution issued by the lp»sll:l Jure the privilege la engage in the practice it' law.
Board, the lleenslng authorltj,r appanentlir did not find Hn Re; Petition to 82-Acquire the Pr'lluIIe,g'e to Practice
that die respondents 'satisfactorily passedH the ixrw in the Philippines, Epffnnin B. Muncsen BM Nu.
licensure eneamlnadons. The Board instead sought to 2112,/u13' 24, EET]21
PDLITICAL LAW
Rf-H'qui*=ilinn al' Filipino lTiri':pn~=l1i1:l in Fra-:ri~rp restraint of trade or unfair cnmpelidan shall be
Lana; allowed. {.4.rI. XM, Sec. 19, 15l'8?E'4:J-n5N'turalunj
A Filipino lawyer who becomes a cltlzen of another Test an whether there Is unlawful niaehinatinn -nr
county and later re-aoqulnes his Philippine mmhif\ati='m in 1"r1traint fr[1*=1flf-
citlsenshlp under RA Na 9225, remains in be a
member of the Philippine Bar. However, the right to WheU1er under the particular circumstances of the
resume the practice of law is not automatic. A person case and the nature of the parlimlar contract
who intends to practice his profession in the involved, such ccln1:ract is, Cr is nut, against public
Philippines inust apply with the proper autlioclty for interest. [Avon u. Luna ER. Na. 1536?4. Dec 28, 2086]
license or permit to engage in such practice. (Petition
for Leave to Resume Practice of Low, Benjamin H. more The phrase "unfair fnrelgn cnmpletllinn and
Docon-o_al.=, 8llri' Ho. 165-'81 December IF, 2015L7.l trade prac1:ices" is not to be understand in a limited
legs] and technical sense, but in the sense of anything
that is harmhzl to Philippine enterprises. At the same
time, however, the intention is not to protect Inca]
ineFl'lclenr:j,f. Nor is the lntenlinn to protect lncai
Pruscriutiun un Congress to Create Private ind1.l_stries from foreign clnnlpetitlcin at the expense of
E u r wr a U u m the consuming public.
The congress shall not, except by genera] law, provide E=alfm'p of *ht p rrwi*=i¢111
for the fl::rmatlm1, organization, or regulation of
private corporations (Sen 16. Arr. XM, I98? See 19 in anti-trust in hlst-url; and spirit; Dnlyr
Constitution] competition which is fair can release the creative
fmrlces at the market; -Enmpetzlllnn is thus the
Ratinnajc* fur the urns-criutino underlyrlng principle uf5ect:l-nn 19, Article XII.
The proscription is m prevent the pressure of special The ohiective of anti-trust law is 'to assure a
interests upon the law-:malr.ing body in the creation of compe1:iti'.re economy based upon the belief Mat
corporations ar in the regulation of the same. To through competition, producers will strive m satisfy
permit the law-making hoop' 11.[.r special Law to provide consumer want at the lowest price with the saerllice
for the urganlzatiom formation, ar regulation of of the fewest resources. Additionally, there is reliance
private corporations would be in effect la offer to it upon "the operation of the 'market' srysteln [free
the temptation in many cases to favor certain gr"-oups, enterprise] to decide what shall be pnodLlced. how
to the prejudice of others or to the prejudice of the resources shall be allocated in the production process,
interests of the c4:l1.1n1:l'!.-'. {PFull'ippi::le 5'4:l»4:'ietjl." for the and to whom various product will be distril:l»uted. The
Prevention oj"Erteelt.}f to Arrimoh' v. 50=4, GR No. 1651 ?52_ market system relies on the consumer to decide what
September 25, 20139) and how much shall be produced, and on -compete:lon.
among producers who will manuiacmre in. (Energy
FIPQHMW[EWFF€ Reguiotory' Board v. CA ER. No. 113099, April 2l5L 2881]
Goat may be treated nr established by special Rcgulatinn ul' munupulics

charters in the interest of the common grand and
subject to the lest of eccmaniic viability. (Sen 145, .4."1; Hnnnpnlies 3.l:'*E not per se pmhibitedl by the
XII, 1298? Ea::lstitr.rth:m} Eunstimtlnn. It may be permitted to exist m ald the
government in 1:arr'!lr1ng DTI. an enterprise Ur to aicl in
NDTE: See extensive discussion of GGIECs under the interest of Use public. I-In-we1.rer, because
Public Eurpnratinn; munnpnlies are subject to abuses that can inflict
severe prejudice to the public, they are subjected m a
higher level of State regulation than an ordinary
business undertaldng. (Ages, ,l'r'. v. FL-\1.TC'EIL GR. Alb.
155881, May 5, 20r:13j
Elilllllllllll
Mmwauw -'lt rmllT=u"t1 r*p'1uiriIli' r*-"lu1i1rily
A privilege ar peculiar advantage vested in one or
more persons or companies, consisting in the ilclntracLs requiring exclusivity are not per se void.
exclusive right '[or power] to cacrj.-' on a particular Each contract must be viewed iris-d-urS all the
btlsiness or trade, manufacture a partlcu jar article, or circumstances surrounding such agreement in
control the sale of a particular commodity. {.4gl:ln,je U'. deciding whether a restrictive practice should be
marco. ER No. 15500/, Moy 5. 20131 prohibited as imposing an unreasonable restraint on
competition. [Avon 1.-_' Ll:.rna., on Ho. 158'6?4, December
State unlicv regarding mnoup-nlics 2r. 2808]
The State shall regulate or prnhlbll monopolies when F'rnp pnt¢~m1"i*=ap rlauir' ve. p¢»l+--»- Pnwrr of rm-
Wie public interest SCI requires. Hn e4:lmbi]1atirJ]1 in Stan:

xv. SOCIAL JUSTICE AND HUMAN RIGHTS
Although the Ennslimliun enshrines Free enterprise as 15. We men
3 pnllqf, it nevertheless reserves to the Gcwernmem 'J". Rule and Rjghls of Pen p]e's Drganizzatian
the power in intervene whenever necessary fer the 8. Human rights
prenlnlinn of the gene raj w-eijhre, as reflected in See;
6 and 19 of AlT. xII. Mssuc. nterua Coconut D-esfccaturs Factors which must be weighed in rlrglllating He:
v. Phil. Enmnut »1uLh0rJ!!.}', ER. Na. IIEI526, Febmniy rplal'innl hP1WPP1'1 wnfkfri =m='l pfmll=wf~r1
IO, 1998]
1. The right of labor to ill just share in the frulls of
xv. 5DEI.\\1. ]llSTIEE AND Hllll-'IAN RIGHTS pruduclinn.
2. The right of e11ter'l:lrlses to reasonable returns of
in'J'estmen13, and to expanslnn and gr::lwlj1. [198?
EonsOmlinn, Art XIII. Sec. 3, par. [41]
Congress shall give highest pr'lorlt'.!,r' to the enar:tmr:J1l

Plrnvllinn'i of Igor11 1987 lif1rn1ri1"ll1inn11l1 w-amvn
of measures that protect and enhance Ute right of all
people to human dignity, reduce social, economic, and
1. The State shall equally protect the life of the
political inequalities and remove cultural inequities
mother and the life of the unborn from
by equitably diffusing wealth and political power for
concept:l DH. H98? lf.'oilstFtutllon, Art H, Se-c. 12]
'Ll'Le common good. (Sec 1, Art XML I98? Corlstitu son]
2. The State recognizes the role of women in nation-
The promotion of' social iusliee shall delude the
building and shall ensure Me hlndarnental
commitment to create economic opportunities based
equality before Me law of women and men. free?
Eonstitr.rtioi1., .4.rL H, Sec..'i'4j
on freedom of initiative and self-nelianee. (See. 2. ArL
3. The State shall protect worldng women Br
ITIL 15IE?£'onsr:l!tution}
pr\o1.rldJng safe and healthful working conditions,
taking into account their maternal functions, and
,lnl!Jfll=I:llll:l-{llalMILll.~Ilhl=_ such faculties and opportunities th a t w ill
enhance their welfare and enable Uiem to realize
Social [ustire their full potential in the senrlce of the nation.
[I98? Eonstitu tfoti, Art XML See 14]
Social justice is "neid'Ler communism, nor despotism,
nor atomism, our anarchy," but Me hu manizalion of 'EunsuJt.ati-nn requirement beinre urban and rural
laws and the equalization of social and economic dwellers can he relocated
forces by the State so that justice in its rational and
olsjectlvely secular conception may at least be No reaetdement of urban or rural dwellers shall be
approximated. Social justice means the promotion of undertaken without adequate consultation with them
'Ll'Le welfare of all the people, the adoption Br the and the oommunllies where they are to be relocated
Government of measures calculated to insure ji98? Eonstitr.rr.ll:m., Art XIII, Sec 10 {2}]
economic stability of all the competent elements of
society, through the maintenance of a proper P\nl:rplc'5 nrganlzaijnns
economic and social equilibrium in the interrelations
of the members of the community, constitutionally, Pebple's urganlzalinns are bona fide assbelaijuns of
through the adoption of measures legally justifiable, ellizens with dem-nns1:l'aled napa-cltl.r to promote the
or electra-constitutionally, through the atenclse of public interest and with identifiable lealliership,
rowers underlying the essence of all goruernrnenls membership and stl'II.L1:ture. ,[APL XIII, Sec 15 {'2.l', I98?
on the time-honored principle of soi'r.rs populi est Cunsn!tunnf:rl
supremo lex. l!'ILi'-Mulong vs PI-*i{i'1oms, so Na 49s00,
Decemher2. I94i:T_J The Slate shall respect the rule of independent
pea-l:le's nrganizalinns to enable the people to pursue
Social Justice does not champion division of property and protect, within the democratic framework, their
or equality of economic status, what it and the legitimate and collective interests and asplraijans
Constitution do guaranty are equality of opportunity, tl'Lrnu,g]'L peaceful and lawful means. pArt XfJ'.{, .S'ec.15
equality of po]llll:al rights, eq1.Lalltl.r before the law, al *L 158.7-' Ennstiru tinny
equality between values given and received on the
basis of eITor13 exerted in 1i\elr production. ['IGuid'o lr. Agfrari an Flfffrrm
Rump Pr-o8g'ress»1dminiztrotion. on No. L-2089, Qetober
31, 1549] It laefers m the nedlstributlan if lands, regardless of
craps ar fruits produced, to farmers and regular
Aiutrre of human Tiff- rcrwrvrl no Anidt xu1 Earrnwnrkers who are landless, irrespective of
mllwsnaau te11u1'1a] arrangement, to include the mtaliry of fact-urs
and supp-nrt ser1.-'iees designed m lift the eennnmlc
1. 5oe:lal Julee and Human Righ13 status of dte l:lenefida.rles and all other arrangemerrls
2. Labor alternative to the phjrsiea] 1'edis1:l'1butlrJn of lands,
3. Agrarian and Na11Lra] Resources Reform such as production or pJ'nfit-sharlng. Iabdr
4. Urban Land Reform and Housing admi nlstratjan, and the distrllsudnn of shares of
5. Health snacks, which wil] allow beneficiaries to reee11.re a just
PDLITICAL LAW
share of Me fruil3 of the lands they work. ERA. 6653 Hhliifalinne Jai Htatri on pwnnmic.. 'inrial and
E'nmprehensllve Agrarian Reform Law of 1588, Esc.. n11h1r":1[ rlfhrq
3811]
The obligations of States In relat:lon to economic,
Right ufketcnliun under Agrarian Reform soclal and cultural rights are expressed differently
from treaty to crear;.r. The International Covenant on
The right of letentlnn is 3 cnnstillLI1nnallj.r guaranteed Economic, Social and Cultural Rights requires States
right. which is s1.Lhler:t m qualiflealiun by the "to take steps" to the maximum of their available
legislature. It serves to mitigate the effects of resources to achieve progressively the fl.lll realization
cnntpulsnry land acqtllsitlan by balancing the rights of of economic, social and cultural riglns The Covenant
the landowner and the tenant and by lrnplementlng also requires States to guarantee the enjo3.rment of
the ductrlne that social 1ust1ce was not meant to economic, social and cultural rlghn without
perpelra1e an lnJust:lce against the landowner. dlscrirnination and to ensure the equal right of men
l"Del',Ii!na u. Anasncl, GR Nu. JSI?-186, Eeptemhar IU; and women to the enjoyment of these right. Dther
211141 treaties or cons1:itutions word obligations differently],r
and even include specific actions that States must
I I l |. I take, such as the adoption of legislation or the
promotion of these rights in public policies. folriee of
Ecunamlc|sn-cial and cultural rights [E5ERl the United' Notions High Commissioner for Human
Ri5l'l'JLs. Frequently Asked Questions on Economic, Social
Eoonomlc, social and cultural clgh13 ace those human and Cultural RiglN Ls]
cighla relating to the workplace, social security, family
life, parlicipatlon in cultural life, and access to Q: Do in-nnmie, s0l:ia1 and cultural rights make
housing, food, water, health -care and education. people dependent DD welfare?
l"5l:lrmlenl'o. Human 5-ignu Law,-'Human signs Culture.
2013] A: ND. Une of the principal -obllectlves of human rights
law is to empower 1m1i1urldua]s so that l;hc}f have the
The EEER include the rlghls to adequate food and capacity and the freedom to Ilvc a life in Oignitjir.
housing, m education, m health, to social sccurlty, m economic, so-clal and cu]lllra] rights require much
take part in cultural life, to water and sanitation, and more 'Lhan the provision ofoocial assistance, including
to work. (BMW of' the Linftcd Notions High the dismantling of social barriers dlat obstruct the full
Commissioner for Human 5-rgho. Frequently Asked participation of ewerlronc in economic and social Ilfe.
rluestlons DPI Economic; Social and Cultural Rig.1t8} {U,l§'ica as me Umtcl:! Natioris High £'am maSsioncr Jlitrr
Human m g ' s , Frcqrr.rant{l"' asircd rluestions on
ERITR i*» inff~lrlillk1\:l with rivilanrl poliliral rip.llI1 Economic, Social' and Cultura! i?tqu4tE.'.F
Economic, social and cultural rlghl3 are part of the -'1"1l.'l1l.'¢11-**III~'1II~'IE\llJFal5I={*'f[E1ii

body of human right: law. They are also often
referred to as 3-eoond generation human rigliu. These Enmmissinn in Human Rights [EHR]
righln are deeply intertwined with civil and p4:'lit:l1:a]
rights, which are first generation righln. (Karel 1-fnsok It is an independent National Human Rlghl3
Human Raging, I999; lnstillLlinn [NI-IRI] created under the 1'38'? Philippine
Eunslillll:ll:ln, establ shed on l]5 Hay 1946? by virtue of
For escample, the right on speak freely means ]1'me Executive Grder Na. 163.
with-out a basic education, the right to rate means
little if you are sutferlng from sta1'1.-'ation. Similarly, I»tand=1tfnflTl1Fl
Wie right to work means litde if you are not allowed to
meet and assemble in groups to discuss work The Cnmniisamn is mandated m conduct
eondltlons. in1.reMg,aIt:l-uns DTI. human rigtn3 vinlatlnns against
marginalized and vulnerable sectors of the sncletyr,
S-all ree Ni ESCR involving dull and p4Jlit:l1:al rights.
The primary lnterna1:irJna] legal source of e1:l:l11e»n1ll:, Q: If CHR is created 11]r the 1987 E-:mstitutin-n, is it
342l-r:ia] and cultural r1,g]'LIs is the 'International' a ¢:nns1:ituli¢m:ILI rum mission?
Covenant in Emnnmie, Sneinl' and Eutturu! nig nu"
but few seen-ecenemic 1ig]1T_1 were already A: ND. The creation of EHR nilay be co nstitutlonallyr
reeugnizled under the "Universal Dedarnnion an mandated, but it is not, in the strict sense, a
Human Righuf r:onstltut:lona] commlsaion. Article IX of the 198'.T"
[Lonotillll:lon, l:ll.a1n]y ent:IT1ed "Constitutional
HBE: lr should be noted that various nadona] laws Commissions," identifies -only the Civll Ser doe
and international tnealies had already codified many Commission, the Commission on Eleetlons, and the
if the human rights we HDW' cal] economic, Maia] and Elommiosion on Audit. The mandate for the eoeatloJl of
cultural right prior to the adoption of the Universal the EHR is found in Feetlon 1? of Article x111 of the
Declaration off-Iuman alums in 19-ia. 1981-' [Lo nstitution D11 Human Rights. (EHR Empfoyeu
Association US. CAR, QR No. 155336 [did 21, 2086]

xv. SOCIAL JUSTICE AND HUMAN RIGHTS
The EHR, although admittedly a eenstlluddnal 111 addlliun, the Ennstimtlnn states that a mainrity of
creation is, no nelheless, nat included in 'Lhe genus of the abovementioned aMe1a]$ must be members o f t h e
dffiees accorded flseal aulenamyr by either Phllipplne Bar. [Are XII, Seal? l583/r I 9 8 ? Eansrirutinn]
ednsdtulidnal Dr Ieglslalive fiat [CHR EmpJ'a_1.-'ees'
Assaeiatfnn we CHR, ER Ha. 155336. November 25, Q: lniormal setders and vendors have put up
2aa41 structures in an area intended for a People"s Park,
which are impeding tlle flew of traffic in Me
Fiiral allr=a11nm't -al' EHR it limited adjoining highway. Mayor Cruz gave notice for the
stl'uctures m be removed, and the area '.vacated
Fiscal autonomy granted to the respondent by the within a month, nr else, face demolition and
198? Constitution and the Administradnre Code of ejectlnent. The occupants med a ease with the
198? shall he limited only to the automatic and Fiori mission on Human Rights HI]-IR] to step the
regular release of HE approved annual appropriations. Hayor's move. The EHR then issued an order to
desist against Mayor Cruz with warning that he
The 198? Constitution eactends to respondent a would be held in contempt should he fail to
certain degree of fiscal autonomy through the comply MM the desistance order. When the
privilege of having us approved annual allotted time lapsed, Mayor Eruz caused the
al:+p1'opriatlons released automatically and negllla1']1.r. demolition and removal of Me structures.
I-Iowevezr, it vidthholds from respondent fiscal Accordingly, Me EHR cited him for contempt is
autonomy, in 113 broad or e:l»:te1L=.ive sense, as granted tlle CHR empowered to declare Mayor Cruz in
to the ]LLI:iielal'],r, oonstltutional -nommisslons and the contempt? Does it have contempt powers at all?
Dfflce of the Dmbudsma n. (LHS Einpioyees Jlssoeio son
vs. CHR, -ER. Ho. I553.36,fI.riy' 21, POETS] A; ND. El-IR does not possess adJudicat:l1.re MnMons
and therefore, on ill own, is not empowered to
-lil'Li'l°l4»iWI'li.lllEI'lll'l§»~1IH'1'F_ declare mayor in contempt for issuing the "order to
desist". However, under the 1'9BT-' Constitution, the
lnvp4iEHtnrv pnwpr"-; cm is constitutionally autllorloed. in the exercloe of
HE lm-'estlgatlve functions, to "adopt 113 operational
The EHR has d'Le p-ower to invnsligate all forms of guidelines and rules of procedure and elle for
human rlgh13 'violations involving mu and political contempt for 1.rlolations thereof in accordance wid: the
rights and monitor the oonlpIla]1l:e by the government Rules of Court." Accordingly, the am, in the course of
with international o~ea'q,f obligations on human rights. an lnvestjgjation, may only elle or hold any person in
[Sen 18,A.rt X1I'J'.{, I98.7 Constitution] contempt and lmpooe the appropriate penalties in
accordance with the procedure and sanctions
CHR ranna Dl'rr'~1P1'lilI!1 provided for in the Rules of' Court {Co.ririo U. CHR, G.R
No. 96681, Dec. 2, 19913
In essence, The Eemmisslnn's l:"-wer is only
investigative. It has on pmseeuturlal power. For Ahifnl'p of -:nllulI~llnry pnwvri
`PI'D§E'ClI'IIlDTIL II must rely an the executive department
The CHR may nut issue whelm of 1niunMnn DT
EHR has no adjudicamry nowiers restraining orders against supposed vinlatnrs of
human right to en-mpel them to cease and desist from
The Cnnsljtutjun clearly and categorically gems to eclln1:lnII.Li11g their a m fnraplained of. (Exp-nrt
the Cnmrnisslnn the power to investigate al] f-nrnls of Processing Zane .4r.rtfmrit.jl.* II. l'.l.IfR, GR Na. IGI4FI5, .4-p.rH'
human rights violations involving del] and pnlltiesl 14, I992;
rights. To investigate is nut 'to adjudicate Dr adjudge.
l'Eu.rMn v. CHR, G.R.H'-D. 98l68'I',DeE. 2, 19911 As to its contempt powers, die EHR is constitutionally
authorized to "adopt lU operational guidelines and
I
lwuiliu
II
rules of procedure and cite for contempt for violations
thereof in accordance with the Rules of Court." That
power to cite for contempt, however, should be
understood to apply only to vloiatio ns of its adopted
The cm. is cnmwxd of a chairman and four
operational guidelines and rules of procedure
Members, who shall he appointed b:.* the President for
3 term of seven years The quaI1Eca'l:l-uns fclr the
essential to carry out its investigatory powers. {.S'im on,
or. u. EHR, E.R NULIOETIEO, January 5, 19§4]
chairman and commissioners are as fciiiaws: {]'hlat-35-
Hat-Bar]
Q: In order to implement El big government Hand
eentrnl pruie-ct, the Department of Public Works
1. A natural-burn eltizen of the Phllipplnes,
and Highways {[:IPWH] and a le-cal government
2. At Jeasl 35 years of age at the time of their unit -[LGI.I]' remn-'.red squatters from die bank of a
appointment; and
river and certain ester's for tele-cation to another
3. Must nu-t have been a eandldate fur any e]eet:l'u'e
place. Their shanties were demolished. The CH R
pnslliun p1'el:edlng their appnlnunent.
eendurted an investigation and issued an order
for tlle DF'WTl and the LGU' to cease and desist
from efleeting the retrieval ui the squatters an the
PDLITICAL LAW
ground rjlat the human rights of Me squattlrrs properly or building, may be the subject of a tease
were being violated. The [:IP'WI-I and the LGU and desist trader when II adversely affeels 1:he
abjected to the ardor of the CHR. l:lar:kgrnLmd View, vista, it' sightline of a heritage
properly GF building. Thus, the law earn-at appia to
Resolve which pa»sitiu:n is Conan. Ransom. the Terre de Manila edndurniniuni preieel. (Miglia of
Riff v. DJ'-'I'CJ' Homes, as. Na. 2I.3'5l4'-8; Aprirai 2919;
A; The position of the Department of Public Works
and Highways and of the local government unit is
correct As held in Ex.uo.r't Processing Zone .4r.rtFloril]J'
_;"*{1IHltllf'I 1:llflM_
u. L'a-mmiSsion DH Human Rig's. 288 SFRA 125
Academic freedom shall be eninyred in all institutions
9992}, no provision in the Constitution DT any law
of higher lea.1']1i]'l8. l"5ec. 5 l'2j'. Art X/VZ 1539
confers an the Eommlssion on Human Rights
E'nnst[tuLinn}
Jurisdiction to issue temporary restraining orders or
writs of preliminary iniLLnet1on. The Eormnission an Academic freedom of instimtlons of higher learning is
Human Rights has no indicial power. is powers are
a freedom granted to "lnMtutions of higher learning"
merely lnvestigjatorj,-'_
which is thus given 3 'wide sphere of authority
certainly extending to the shod-ce if student' If such
:w1. EDUCATION, SCIENEE, TECHN(]Ll]GY,ART5, instltudon of higher learning can decide who can and
CULTURE AND SPORTS who cannot study in it, II certainly can also determine
on whom lt can confer the honor and distinction of
being its graduates. Thus, a university.-' can validly
#mi =ml Fultur-'*
revoke a degree DT honor it has conferred to a soudent
Arts and letters shall enjoy the patronage of the State.
after graduation after finding that such degree or
honor was obtained through fraud. (Garcia u. Fo'cuTty
The Slate shall conserve, promote, and popularlae the
Admission Committee, Lo.l."'io School of' rnsnrqg o n
nation's historical and cultural heritage and
resources, as well as actlstic creations. {.S'ec. 15, Act No. L-4E*??§!. !ll'ovemI:l»er28. 1595;
XII-'Z :ser t`.'onstltr.rtionJ]'
»\'4p1*rt1 of Aradfmfr I-lrp¢'~f;l=:1fn {lF.'€l
All the l:'clu ntrJ,r's artistic and historic wealth
1. From the standpoint of the educotlonoi in-stftutioicl
constitutes the vr.'LLItura] treasure of the radon and
- To pro1.rlde that atmosphere which is most
shall be under the prntbctiun of the State which may conducive to speculation, experimentation and
regulate HE disposition. (Sec. 16, Arr. RTP2 1518?
El'*E3l:llIIlfll,
Ennstitutlnnj
2. From the standpoint of the [ocoigr -
a. Freedom in research and in the publication
Q: DMEI Project Developers, Inc. [DMEI-PIII]
acquired a ltuge lot in the City of Hanila for the of the results, subject m the adequate
performance of his other academic dudes
construction at the Torre de Manila condominium
b. Freedom in the classroom in discltlsslng his
project, a 49-storey building looming at Lhe bark
subject less controversial matters which
of the Rina] Monument in Luneta Park. The
bear no relation to the subject
Knights of Rizal [RoR] hied a Petition loc
E. Freedom from institutional censorship or
lniunetion against the construction, arguing Uiat it
discipline, limited by his special position in
will cause Ute desecration of the Rival Monument,
the -corr mun 1qr
which, as a National Treasure, is entitled to lull
p-rolieetion of the law. 15 the Koch correct?
3. From the srandp-uint q,IF the student - Right to
A; ND. There is no law prohibiting the construction of enjoy in school the guarantee of the Bill -of RighTs.
Torre de Manila. Section 15, Article lI{l'll" of the (Nun 1-Ir. Dames. 6.9. Na 893I?. May 201 19991
Constitution is not saeli-executory, Eongress passed
laws dealing with the preservation and conserI.ratlon F"'pflf11"n1 ==+E[-11"r1pr* 1-1 pflu-"=l*inn=1* in¢tiI1*I'Ffrlli
of our cult"Llral heritage, such as the National Cultura] rc-Ia1:ing to its right to detcrmimr fm' ir_=¢1f in
Heritage Act of 21109L which empowers the National are n-mir Ernundi
Commission for Culture and the Ares {NEEA] and
other cultural agencies to issue a cease and desist 1. Who may teach;
order 'when the physical integrity of the national 2. What may be taught
cultural treasures DT important cultural properties 3. How shall L: be taught; and
[is] Found m tie in danger of' desl:rLl-ction DT signltlcant 4. 'Who may be admitted 1x0 study. [Miriam College
alteration lirom lU original state. This law declares F-nundarlnn v. 5.4, ER. Ha I2?SI38, December Ii
iii at the State should protect the 'physical integrity" 2800]
of the heritage property or Ouilding if there is "danger
of destruction or sigriilicant alteration from ins Lil:nitatil:ms cm academic freedom [Pol-sli
original state." Physical integrity refers to die
structure itself - how strong and sound the structure 1. Police pnwe r nfljhe Slate
is. The same law does not mention that another' 2. Social Interest of the cnmmunltgr
project building. or property, not itself a heritage
263
xvi. EDUCATIDH, SCIENCE, TECHHDLOGY, ARTS, CULTURE
AND EPGFFF5
This freedom of a university does Jul terminate upon Dues the Show Cause Resolution violate
the "graduation" of a student, for it is precisely the rasp-nndcnls' al:ad1:nljl: frccdam as law
'graduation' of such a student that is in question. An prnfessnrs?
institution of' higher learning cannot be powerless If lt
discovers that an academic degree it has conferred is A; HG. It is not contested that respondents [UP Law
not rightfuLlJ,f deserved. The pursuit of acadenljc professors] are, by law and Jurisprudence, guaranteed
excellence is the Il.Ln11.rers1tjI..r's concern. It should be academic freedom and indisputably, the.'l.r ale free m
empowered as an act of self-defe use. to take determine what they wil] teach their mldents and
Jneasures to protect itself from serious dlreats to iN how they will teach. As pointed out, there is nothing in
integrity. [UF Boom' -o.|"8e*gIer:rE.' U. DI, l5'.R. No. 134625, the Show Cause Resolution that dictates upon
Aug. 31, I999) respondents the subject matter they can teach and the
manner of their instruction. Moreover, it is not
Q: ]uan Delos Santos, it al., students of Do La Salle inconsistent with the principle of academic freedom
University {nLsLn and College of Saint Eenilde are for this Court to subject law1.rers who teach law to
members of the "Domingo Lux Fraternity". 'l'he].r disciplinary action for contumacious conduct and
lodged a complaint with the Discipline Board of WMM, coupled with undue intervention in favor of a
DLSLI charging Alvin Aguilar, it aj. of Tau Gamma party in a pending case, without observing proper
Phi Fraternity wilt 'dire-et assault" because al procedure, even if purportedljr done in their capacity
rjteir involvement in an offensive action causing as teachel's. (RE: Letter of the UF Low Focul't.l"11 AM. No.
injuries to die complainants, which were die 18-1 o-4-sc, Hard! 8. 2or U
result of a fraternity war. The DLSIJ-CSB ]oiot
Discipline Beard found Aguilar et aL guilty and Reguiatnw nnwcr of Me Educminn Sccrctarv as to
were meted the penalty al automatic expulsion. Ita-"l1i1'1E H 118 non-lp==Ichina T1pr1n111'11'l of n1"iv==Itl'
'Was DLSLI within HE rights in expelling the srllnnli
students?
The quali ilcaljons of teaching and non-teaching
A.: ND. It is true that schools have the power to instill personnel of private schools, as well as Wie causes for
discipline in their students as subsumed in tl'Lcil' the termination of their employment, are an integral
academic freedom. This power does not give them Me aspect of the educational sj.rstem of private schools It
untrammeled discretion to impose a penalqr which is is thus within the au1:horit3-* of the Secoetaryf of
not oonimen surate with the gravity of the :misdeed If Education to issue a rule, which pn:-=.f1des for the
tl'Le concept of pro portionalltgr between the offense dismissal of teaching and non-teaching personnel of
committed and the saned-on imposed is not followed private schools based on their incompetence,
an element of arloittariness intrudes. Thus, the penalty lnefflciencj.-', or some other disqualification. lieus u. St
of expulsion imposed Ba* DLSLI on Aguilar, et aL is Scholostkoh College We5t;grove_ ER. No. 18.7-'22I5.
disprlop-ortionate to their deeds. [DEH u. EA, oo. No. jonuoiju 28 2018
/z?s8o. December!9, 2009.l
Philippine l»{i[litaI'1l.f Academ'¢*s [PMAI audanritv to
Q: The counsel of the losing party in the case of impnsc disciuli nan' measures
'.l'inu].ra, et aL v. Exec. Sec fled a Supplemental
Motion Tor Re-cons ideration, in the said Decision, FMA may impose dlsciplinary measures and
they posited dieir charge of plagiarism as one of punishment, as it deems Et and consistent MM the
the grounds fer reconsideration of the decision. A peculiar needs of the Academy. Even without express
statement bi' the Iacult].r of up Law on Ute provision of a law, the PMA has regulatory authority
allegations of plagiarism and misrepresentation to administratively dismiss erring cadets. As an
in the SE enl:il1ed "Restoring Integrity" was academic instltutlonL the PMA has the inherent right
subniinned be the UP professors. They expressed to promulgate reasonable norms, rules and
dissatisfaction over ]ustice Del llastillo's regulations that it may deem necessary for the
explanation on how he cited The primary sources maintenance of school discipline, which is specifically
of the quoted poclions and yet arrived at a mandated he Sec. 3 {2]. Article xiv of the 198?
contrary conclusion to those of the authors of the Constitution. The PMA has the freedom on who to
articles supposedly plagiarized. Beyond this, admlt (and, conversely, to expel] given the hlgh
however, the statement bore certain cemarks degree of discipline and honor expected from its
which raise concern for the Eouct. It reads: "An midenw who 3.l"!E to form part of the AFP. The schools'
extraordina:r].r act of injustice has again been power to lns1:ill discipline in thelr students is
committed against the brave Filipinos who had subsumed in their academic freedom and that "the
suffered abuse during a time of war." estahl lshment of rules governing university-student
relations, particularly those pertaining to student
Thus, the Court, in a Show Cause Resnluti-nn, discipline, may be regarded as vitaL not merely to the
directed Dean Merer, and several ether lawyers smooth and efficient operation of die 1 restitution, but
from LTP Law to show cause, why they should net to its very survival. The dismissal of Eudla from the
be disciplined as members of Me Ear fur '.rinlatiun FMA due to being z mlnutes late for a class was
nIEanells 1, 11 and 13 and Rules 1.02 and 11.05 of affirmed. fcuma v. pma, on No. 311362, February 24,
the Code of Prnlessienal Respire risibility. ;-015*|
PDLITICAL LAW
It must be borne in mind that schools are established, principles and rules concerning the haslc ri8h3 of the
not merely to develop the intellect' and skills of the human person, including protection Hom davery and
studentry, but to lnnulcate lofter values, ideals and raelal discrimination Some of the corresponding
attitudes of the total man. Under the rubric of "right to rights of protection have entered into the bodj.r of
education," students have a concomitant duty to learn genera] international law others are conferred by
under the rules laid down by the school. Hence, as the international instruments of universal or quasi-
primary training and educational institution of the universal character. f l-iinuyo u. 8omr.rlo, oo No.
AFP, the PMA certainly has the right to invoke 162334 Aprilaa, 20191
academic freedom in the enforcement of its Internal
rules and regulations, which are the Honor Code and Ex=mllllp'~1 :of I`&hligatinn'4 Ergs: Same#
the Honor System. The Honor Code is a set of basic
and fundamental ethical and moral prlnclple. It is the 1. Dudawi fig of anis of aggression,
minl m'LLn1 standard for cadet behavior and ser1.res as 2. Dudawi fig of genocide;
the guiding spirit behind each cadet's action. 3. Bash: human rich& and,
Th1'oILLghout a cadet's stay in the PHA, he or she is 4. Protection from sla'.rerg,r and racial
absolutely bound the rem. l'il8lid'.j discrimination.
xvii. PUBLIC lNTERr4aT1UNN1. LAW' us Euqens'
Also referred to as 'l:l-erenlptury norm of general

inte1'11atll:mal ]aw'.
publi- lntvrnarinual law [P[1.l lJteraII].r means "compelling low." A DlII["m accepted
and recognized by the international community of
It is a body of legal principles, norms, and pnoeesses Estates as a whale as a IfllIIE"lfl'l from which no derogation
which regulates the relations oF States and outer is permllted and which can be modified only by a
lnterna1:1ona] persons and governs their conduct subsequent norm of general international law having
affecting the interest of the international community the same ehara4:te1'. [W-enno' Convention on the Low of
as a whole. {Hl:1,gofrono, 20:35] '}`feollles, .4.rr_ 53]
Private lnr-'rn=u'inl1=11 law [FRU-I nr l`:nIlllli-IL'l' Jai

F.lpmp1'\t'=a Ni [IH Emapn'i
Laaazs
1. A norm accepted and recognized b]l.r lntern.a1:1nnal
It is Mat port of law which comes imp: play when the community nfstates as a whole;
issue before the court affects some fact, event DJ' z. Nu l:1emg.a1:1an is permitted; and,
transaction that is so clearly connected with a foreign 3. Which can only be modified by a nlbsfequent
system of law as to necessitate :Eco urse to that Jmrm having the same character.
system. {Semplo-D84 Eonjiict of Lows, 2004 ed, p. I.
citing Cheshire PrJ!uate Intemationai' Low, I945-' ed, p.
Fy=1mplp'=a mr Hnrmi 1-mh [up Fnlz-'n'i in ="h=1r=1ftpr
6]
1. Laws D]"l genocide;
Grand Divilinn'=a of PII. [F-WawH1 z. Principle of self-de'termlna1:h:ln ;
3. Principle of racial nun-l:i19cr1mlnadan,
1. laws of Eeaee. They govern nu renal relati :ms 4. Crimes against h1.Lma11it'y;
between States in the absence of war. 5. Prnhlb llinn against sla'.rer.3,r and slave trade;
6. Piracy; and
z. laws m' jl![al;. They govern relations between '.T". Torture.
hostile or belligerent states during wartime.
[1i1tifu!1111h Ins Fngrnc [mm .Ergfr Hmnri
3. l a w s up H_nut:|'a[it!."' They govern relations . .
between 3 nun-pa1'ti4:ipant Slate and a participant
Slate during wartime Ur among nan-partifjpuating 1. All jus' colons rules create ergo omn-4
States. obligations while only some rules -l:oea1:lng Riga
o m n a obligations are rules of jus Hogans.
I`!lhligarinn1 Ergrr -I"h'.~1nl'*i
2. With regard to jus' enlgena' obligations, the
An al:l]l8a1:1en of e1.-'ery' State towards the internatlana] emphasis is an their re-cugnitin]l by the
4:nmmunltl.r as 3 whale. All states have 3 legal interest international community 'as a while,' whilst 'lhrhil
in its eempliance, and thus all States are enlitied to regard to obligations ergs amines, the emphasis
lmrake iespunsibllity for breach 1:lfs1.1\:h an nbllgatlan. is an their nature.
l"EI'Jse E-Jncemin.g' the Barcelona TmctMn. IE] 15IF'rJ}
3. The legal consequences of vinlatlcms CIT rules
NBTE: Such obligations de]'11.-'o, for example, in creating ergs £ll'I'1l'l'E$ nbligatiuns differ from
l:onto1np4:l»ralr.1.r international law, from the outlawing
those of breach of the J'ILLleS cfjnrs cqgens' in Mat
of sola of aggression, and ofgenor:1do. as also from the in addition to the consequences dcrivlng from a
265
xvII. PUBLIC INTERNATIUNAL LMLW
breach of eajgu nmnes 0l:l]lgaII:1ans further This afiirins that tin: international law and municipal
consequences, specified in ArL 53 of 111e 'll"ie]1na law are distinct and separate, each is supreme in HE
Ennvendan in the Law of Treaties {vcJ.T}, fnllcnw awn sphere and lava] r:lf 1:»pera1:1an.
h'nm violations of the nu]es of jus -cagers.
An lnternadana] n u m Ur law must Hrs! be
HBTE: Under Art. 53 of the i.l'ELT. a treaty is void if, at 1:ransEnrmed nr adopted lnta the municipal system
'Lhe time of Us enneluslnn, it ennflicm with a us engens thrlrnugh a pa-sitivn an of the state.
]1D]']llf\. its:-. if 3 new .l'r.rs miens rule emerges, any
existing treaty,-' which is in conflict with the rule Intcrnaliunal law vs. Municipal Law
beennles void and terminates.
Ex »lpau-'r Er Ryann
.'I.dnJptl:L status Issued
The concept of ex uequn at Mun literally means 'nacring
Ls a common rule :1-n]IN:i1:al superlnr
uthnrilj"
'a-l:4:nrdlng m the right and in-nd " fir 'from #241114 and lfmNun. :Br observance.
mnsclenm.' Regulate ]EI3l:ilIIJ1S
"':: ulatn rnlaT.inns
11f tndlvtduals
A Judgment based on -cbnslderalinns of fairness, nut
in cnnslderalinns -bf e:ds*tlng law, that 13, to simply
1urpusn I of states and other
internalianal
among themselves
\r with their lII'!l'lllTl
decide Me case based upon a balancing of the persons.
r»l'l:3IES.
equities. [Ernwnfiq 2083] Applies to the
HUTE: Under Art. 3B {1][e] of the Stamte of the

Intematltmal Court a-fJustll:e [IE]]. equity is referred.
I conduct of States
and international
hpplles to a single
II0llllU.'IT DI IIHUDII
lrg3anlzatinns.
to as: 1] 3 general principle of international law; F-cups quo' and wlmm a
lIII.'ir relations with
and 2] 3 way Ni inli_lsing elements o f p! ic4: ILion determined
II. l other nr, duel:
reasonableness and 'individualized' iusti-l:e berrilnry and m [13
relations wld:
whenever a law Ieaifes a margin of di54:retir:u1 to a. nlmbimamls.
netwnns, natural "T
Court in deciding a cas-E. jurialcal.
:lerhrad principally
If the principle nfequitjr is accepted, customary law Consists mainly it'
:rum treaties,
may be supplemented or modified in order to EIIIEEUIIEIIIE from
international
achieve lustlce. {Kn&nmmM. 4:11 Ed., ZITI ISO' Snur4':£{§} the Iawmaldng
customs and
.IuMari9 of each
Under Ari; 33(2) of the Statute of the Icl, a decision
I general
f la'.*-..
prindplu
lmlatf.
may be made -ex aequo et bona, Le. the court should. Redrasscd th.r.u.
decide the ease nut in legal considerations but solely Remradj' in Resolved thru
Iota]
in w hat is Fair and reas-enable in the circumstances case HF stale-ta-scan:
administratim-'E and
up the case [equity cnntmlegemj. However, the vidntian transactlani
iudi-clal processes.
parties must expressly autildrlze the court to decide Collective
a case ex anrqluc EI bond, resl:l1;~nsit:illty ]ndl1.-'idual
5'-mpe q,r
Reason: because II responsibility
Art. 33 of the United Hadom Eommlssion an. Respun-
rttaches directly to
Inlernatlonal Trade l8w's Arl:litl'al:ion Rules {1'EI'?6] SihiHI}"
:be slate and nut in
provides that the a.1'lJilJ'at-ors shall consider only the- lU natl canals
applicable law, unless the arbitlal agreement allows Nut subler:t to
'Ll'Le arliltrators to oonslder ex oequo et bono, or
iudlelal nul:l1:e
amiable eomposirenrrt before
international
tribunals Wlenna
Role in Subject in ludidal
Cnnventlnn in the
Inter- notice before
Law -of Trestles,
Monism [Munislic TI1-cnrv] natiunnl' international
.'art. ET, Permanent
Trihunnif tribunals.
dnurt 01
Bath lnternatlona] law and domestic law are part of a ]nternat:l-ana]
single legal order, international law is automatically lustiee, 1931,
incorporated into each nalion'5 legal system and that
Polish Natlnnals 1 r!
international law is supreme over domestic law. Danzigtl .|.*-.
Here, inlerllatlnnal laws DI' norms are applicable Du-l:tl'inc ui Inrurpnraliun
wllhin the municipal srysnem even without a ppsidwe
act of the stale.
It means that the rules of international law farm part
-of the law of the land and ]1D furthei' legislative act-n-n
l1u2li'-cm in-wif.: nr Plur=11i9r T*\p=u""£l
is needed ld make sl.Lr:l'L rules applicable in T.l1e
ddmestlc sphere. It is opposed ld this daclrlne of
PDLITICAL LAW
transformation, which states that lnternadonal Haw Efforts she-u]d first be exerted to harnmnize them, so
only Earns a part of municipal law If accepted as such as m give effect to both since II is m be presumed
Ba' statute nr iudiclal declsinns. that municipal law was enacted with proper regard
fur Me generally accepted principles of internatipnai
NDTE: The daclrine ufinmrppraliun is aclapted in our law in observance of Me Incorporation Clause in
Ennstirutlp]l under ArL II, See. 2 which states that Section 2, Article II niT:\e -Epnstltutll::mL
'The Philippines... adppls the generally accepted
pi na plus -nfinternaliu nal law as part of the law -nflh e In a situation however, where the conflict is
land. irreconcilable, and a choice has to be made between a
rule of international law and mu niclpa] law,
Example: of "F.rllprrlllv awvuwd prinl"iulp~1 Jai jurisprudence dictates that municipal law should be
. .
upheld bi' the municlpa] oourls for the reason that
such courts are organs of municipal law and 3l*E
1. Punta suntservunda [Lt a.gTeeme118 must be kept] aecordinglyr bound by lt in all circumstances The fact
2. Rebussuk' stantfhnrs' [Lt things standing thus] that international law has been made part of the l a w
of the land does not pertain to or imply the primacy of
El. Things vemaln as they are. international law over national or municipal law in
b. Dppuslle nfpacrn suntsewandu the municipal sphere.
3. Par In parern nun Huber Imperil [Lt Equals have The doctrine of incerpuratinn decrees that rules of
no snverelgntjgr over each other.) inte1'11atil:mal ]aw ape given equal standing wi'Lh, but
are nat superior to, national legislative E'['l3EI]TlE['lE.
3. AI] states are sovereign equals. Accordingly, the principle of fel: posterior demgat
b. An equal stare cannot assume Jurissdietlun prl'urJ' takes effect - a treaty may repeal a statute and a
ever another eq ual state. stamte :may repeal a treaty.
4. Slate Immunity from SulL In states where the Cnlistltutlnn is the highest l a w o f
the land, such as the Republic of the Philippines, both
El. A stare [and IM agents acting within their statutes and treaties may he invalidahed if they are in
afticlal r:apal:it'j,-'] cannot he sued widmut HE euntliet wim the Constitution. [Se4:'retl:lry 4:r,t'j'ustir;'e
CDT"l$EIZlll_ l-"_ Hun. Rafpiz E Lantfun, as. Na 139465, January 18.
2000]
5. Rlghtafstales to self-defense.
P11-'m sent Svrwmria [20 on HARI
IS. R l g h t t a s=e]f-determination of people.
lnternalional a8;reemen3 must be performed in good

Dactrinc of Transformation
faith. A treaty 'ETLEEEEIIIEIIT is not a ['llE]'E moral
obligation but creates a legally binding obligation
It prmrldes that the generally accepted rules of
on the parties. A state which has conlracte-£1 a valid
lnt ernat lnnal law are not purse binding upon the stale
international agreement is bound to make in HE
but must first be embodied in legislation enacted by
legislation such modibcaljon as may be necessary to
the lavnnaking body and so transformed into
ensure fulfillment of' the obligation undertake n.
municipal law. [[.'ru2. International Law (Anna Ed._]', p.
5] Prim'i1:rlp of Autn-[.imiratia1'\ IZHHH B81
ThJ'OILLgh the treaty-maki]lg power of the President,
It is We dl:lr:1:l'1ne wllere a state adheres to principle-s
rules and principles embodied in a treat'j.-' in [once of lnternatlona] law as 3 limitatinn,,Fr'estl'il:tion to
would be transformed into Phillppine law and shall
the exercise of HE sn'.l'ere19'1tl.r.
become valid and effective upon eonourrenee of at
least two-thirds of all the Members of the Senate.
NDTE: While s)oveoeigJ'1tl.r has uadltionally been
fl98? Constitution, Art. wr, See. 21 ,T
deemed absolute and all-encompassing an d'Le
domestic level, II is however subject to res trieljons
Tvuw of Tran'-zfwnralinn Tltvnriwa
and ]lmllatlm13 v o l u n ta r i l y agreed to *Lo* th e
Philip pi]les, expressly or impliedly, as a member of
1. Hard Transformation Theory. Glnly legislation
the family of nations. B:,' Wie doetrlne of
can ll"3.IZll5fDl"H1 i11t+3rnatio11al law into domestic
ineo]'pora1:ion, the country is hound by generally
law. Court: may apply international law only
accepted prlneiples of international law, which are
w h e n authorlaed b:.* legislation, and,
eonsldered to be auto matieallyr part of DUT D'WTl laws.
Thus, souerelgnty of a state is net absolute on an
2. Soft Transformation Theory. Either a Judicial
international Ie1.rel.
at l4:g5la1:ivL* act of a state can transform
Interiiatlonal Law into domestic law.
Eumllary. a state has agreed to surrender some of HE
sovereign rlghis in exchange Eur greater beneflls Lhat
Rule: to hr* oh=aprwd in ralp flwrp ii rnnflirf it may derive by being a member of the family of
he tween international law and dumeslic law
nalin ns or by ylrtue of treaty stlp ulalin ns.
26?
Gnrrlplal'inll it Rvripmriw and the P1'il1-cipllp nt 1. An ubifr.'lJlvf element [general practice]
Hallrn-I-i1uit=\I'inn consisting of a nelatjvely uniform and constant
State prar.'t:l1:e; and,
When the Philippdnes enters into treaties,
necessarily, these international agneentents may 2. A psyehalugieal element eunslsting of subjeetlve
curtain limitations on Phillpplne sovereignly. The conviction of a State that it is legally bmmd to
cnnstderatinn in this partial surrender nfsmrereigntyr behave in a partleular way in respect of a
is the reciprocal cnmmltment of other contracting particular type nfsltuatiun. Thls element is usually
States in granting the same privilege and Immunities referred to as the upInMjurI55alw necessitates
to Ute Philippines.
Nu partlr:ILLlar length of time is required Em' the
HBTE: For Example, This kind of nedprnfllyr in. fnrmatlnn of :ustamary norms an long as the
relation to the principle of auto-llnlltatinn. existence of Use two e]emem3 of custom is manifest;
characterizes the Phlli pplne commitments under' ,f1'!lfarth 5'-ea EantInent:lJ'5'!1eJ',l'Cnses HEl, I9=59}j
1.A.r'rn-GATT, [Ibfd.]
Thr' rlhi"lf'tllw Elpfllrnr - liplltral Fra-:tirp
-'I-1'l{Ii*"f*'{'!iI».'li=!=l~E&ilI'!EI'a* 11
| 81-
This is normally cnnstilllted by Lite repetltinn of
-certain beharlnr on the part of 3 Stale for a certain
lenglii of time which manlfesis a certain attitude,
wlthuut ambiguity, regarding a pa.1't:lcu]ar matter.
The International Edurt of Iu5tieeI whose fu11r:tidn is Etrldence of state practice may include a cndiflrlng
to decide in aeeardanee with i11te1']1atlaJ'1al law suit treater, if a sufhclent number of states sign, ratlf.',r, DI'
disputes as are submitted to it, shall apply: {Amlcl'e 38. accede.
Statute of the International -E'4:l»r.rrt rJ,F}r.rstfce}
However, as no parljeujar duration is required for
Primal Firrl.lrfT'i [201: Nam practice to become law, cm some omaslons, instant
customs come into existence. Far that reason, a few
1. International CDTW'E'IZlllj'IJIZII§ nr treaties; tepetltlons over a short period of time may suffice or
2. Internatl-una] custom; and many over a long period of 1:lme or even no repetition
3. The general principles of law recognized by at all in so far as an instant custom is concerned.
civilized nations However, Wie shorter the time, the more extensive die
practice would have to be to become law.
Fillh'-1i=:lial"¢ Enllltti
A practice must be constant and uniform, in
1. ludlcial dedslnns; and particular with regard to the affected States, but
2. Teachings of the must highly qua]1Hed publicists enmplcte uniincmily is nut required. It would
DfU3IiDU§ nations. suffice that c-nnduct is generally consistent with the
rule and that instances of practice inconsistent with
HUTE: while prlmar}ir sources create law, 'Lhe the rule are treated as hneaches of that practice
subsidiary snunces constitute evidence of what the co-nclerned, this will usually mean widespread but not
lawis. necessarily universal adherence in the rule.
lntcrnatinnal Conventions Ur Treaties Indeed, cuatem may be either general or reglnnal.

General l:u3tcm1s apply to the i]1te111atlana]
A treaty is an international agreement concluded ee»nlm1.Lnity as a whole. Ln-ca1 DI' regional eustams
between states in written Eorrn and governed by apply to a group of States DJ' just nun States in their
international law, whether embodied in a single relaliu ns inter se.
insl:rl.Lrnent or in two or more related instrument and
whatever it! partleulaur desigrlatlort (Art 2 (I34I of ThP Finhifrliut-r Elpmput - f-'pinin IIlri'= -'fire
the Vlennu Convention on the Low ofT:reati8_;' dicracssirntci
{5'ee discussion: under the heading Trentieg and the To assume the status of EIL, the rule in queslinn must
Wanna Convention cm the Law of Then Ms] be regarded by States as being binding in law, Le. that
they are undera legal obligation to obey it.
lntprl1=linl12Il f:u'=atnm -gr' Eu1t4maw [To-rnatinual
1,EIMLIJT.ll.1 The main purpose of the eplnin ju.r8 side necessitates
is to distinguish between eustamarj,-' rule and mere
A custom is 3 practice which has gr~n'wn between usage fallowed out of enLLrtes1.r DT habit Usage, while
states and has come in be accepted as binding by the also a 1-ang; established way of doing thi]igs, is nut
mere fact of persistent usage m-'er a Iculg period of euupled with npinfe .,l'urE.' [l:nn1.rletil:m that it is
time. [Cruz .intematfnraai I.aI.r f20l93 Ed.j. p. 221 ebligatn my and rlghlj.
A custnmanf rule requires the 'DTEEEIICE it' in NDTE: In the North Sea E1:lnt:lnent3U Shelf Bases, Me
ELEIEIIIIIE; ICI stated that the party asserting a rule of custnmarl;
PDLITICAL LAW
lnte1'na1:1l::na] law bears the burden afpmving it meets 3. Wllhin the perpend of time since the adnpliun of
bn'Lh requimmenw {1:lll:IJer.'tlve and psychulugica] the treaty or mnuentlan, Slate practice must
e]emem3]. have been both extensive and uniform.
Binr'lil1+= PlTP*"* n[intprnatinn=U ="l1l1t-'1 mi NDTE: The parer invoking the rule must be the one lu
prmre that the rule meets all the requ1remenl3 for the
ER: All States are bound b:.' international customs, Er83ljgn nfeusmmargr law
including Dissrntlng 5`tates.
The treaty may also reflect a custom in three ways:
XPH: Dissentlng States ave not hound by lnternatjana]
customs 1r they had r:nnsi9enll]l.r ubiected to lt 'M1i]e 1. It may be dee]araOve of a euanum; or,
the pmiecl was merely in the process of formation 2. It may crjrstalllze a rule of custom In :mru
[Perslstentflbjectur Rulej. n-crscwendal grl
3. It may serve ED generate 3 rule of customary law
Dlssent. however prntecls m'Ll.=,r Me dissenter and dues in Me future.
nut apply t o o t h e r States. A Stale Joining the
international law system Fmr the first time after a General Principles Ni' Law
praetiee has beebe eustnmalr],r law is bound bl.* siLLeh
practice. The general principles it' law are mnedy derived from
the law of nature and are observed be the majority of
Pp1"1i*1*-rut fihirrrnr R111-r states because 'Lhey a:re believed to be grand and Just.
[Cruz Inf-eml:lnnnuI Law (2083 Ed.}, p 241
If during the formative s138e of a rule of customary
interna1:1l::na] law, a Slate perslstendy 4:lb1er:l3 to that These are rules derived mainly hum natural law,
developing rule it oil] not be bound by II. Dnee a observed, and recognized by dvllized nations.
customary rule has came into existence, it wil] apply [Nash urn, Elutffne Reviewerfn PnJ'iLI'r:l:lI Law, p. l54-U
to at] States except any persistent objeetum
Reference to such principles is taken whenever nu
However, an nbieeting Slate, in order to ne]1.r on the municipal law, custom DI' treaty is applicable, as
persistent -nbjeetur rule, must: [1] raise its tlbiectlan directed under Arr. so n f Ule lcl. In order to exist, lj1e],r
at the flJrmati1.-'e stage of the rule in queslimi; [2] be must be recognized by civilized nations.
cnnslstent in maintaining LE nbjecdan; and, [3]
lnfu am other States of lM 0l:l1eet1i n . MUTE: The main objective of inserting the third
source in Art 38 is to fill in gaps in lreaqr and
This is particularly important with regard to a rule cusnumargr law and to meet the possibility of a nun
which has been almost unlversal]y accepted. If a State iiqluet.
remains silent, HE allende am be interpreted as
aequleseenee to the new rule. Nan Hq'r.ret means the passlblliq,-f that a on url Ur
trlbuna] euuld nut decide a case because of a 'gap' in
NDTE: The bILL1'den of prnnf is on &1e objecting State. law.
The persistent nbjeelnr rule dues nut apply 1r the EIL
has already evolved into ajuscclgensrule. fig.: Burden of prune admlssibihly of elddenlr.'e.
waller, estappel, unclean hands, nel.'ess1t'j,-r, and farce
The r¢~.latiunstl4" bEt'¢'\!*2'l!l]. tr c a lic s and maleum.
[udicifal Decisiuos
They coexist, develop each other and, sometimes,
slash. If there is a clash between 3 eusnumargr rule and As there is no binding authority of precedent in
a pruvlslnn of a treaty because 1:l1e1.r are -of equal international law, international court and tribunal
authnrlty [except when the customary rule Involved is cases do not make law. ludicla] decisions are,
of a jus eo81-en: nature whereupon being superior i t Iherelr.ooe, s1:rlctl_=,' speaking not a formal source of law.
wil] prevail), 'Lhe one whleh is identllied as being the However, they clarify the existing law on the topic and
fer speriuiiS will prevail. The fer 4JednlLs will be may, in some circumstances, create a new principle in
determined cu ntextualljr. international law. The.1.f can also Oe considered
eurldence of5tate practice.
T1"r=u'ir"»: w4ul*iw to rI1lr*au[nr4tf1mar'¢' law
ludlcial decisions, wtleUler from international
Treaties may give rise to rules of customary law when till:luna]s or from domestic courts, are useful to the
the following ennciitians are present extent they address lntel'natlollal law dineetly it'
demonstrate 3 genera] principle.
1. The provisions of the treaty,-' should be
fundamentally norm-creating in character; Art. 59 of the Statute of the III, pm'.fldes that,
2. Participation in the o-nary or comfendon must "declsiuns of the mura have no binding force, except
delude t:hose States whose interest would be fur the parties and in nespecl of the case -l:rJn=l:emed.'
affected by the plcovlsion in question; and,
269
This provision shows that [1] the Decision of the IE] be translated into binding treaties] ;
has no binding authority; and, {2l the IC] does not z. May prmrlde evidence it' an existing
make law. eustamary rule;
3. May be formative u-tltbe npinio j't.rnl.s DT of state
HUTE: In pracdoe, dhe IE] wil] fallow the previous practice that creates a new tustainarjr rule,
decisions so as in have judicial consistency, or if II 4. fv1a.=,' be helpful as a means of a purposive
does nal fallow, the elourl will distinguish HE previous interpretation of international law;
decisions from the ease aetualljr being heard. 5. ll-'1a1.r be inenrpdrated within binding treaties
{Interpret-ation l:lf Pel:lce Trel:lties', 1958] but in provisions which the panties do not intend
to be binding;
Tvafhinm ui Allthnrifatiw Pllhlil"i'it'4 ilnrlndinX 6. May in ether ways assist in Ute development
l.pa1"nlprl Wfifrril and ap-l1-I.itati-an outgeneral internatin-nal law.
'Teachings" refer slmplg." to 1:l1e writings of learned NDTE: The importance of soft law is entphaslzed by
scholars. However, Jlrtlcle 38[1][d] of ILl'Le l::l is the fact that not only States, but also non-State actors
expressly llmlled to teachings of 'the most highly participate in the international .law-making process
quail hed public sly.' tltrnuglt tile cneaticnn at soft law. Nevertheless, soft law
is made up of rules ]ac]-dng binding farce, and the
Such works are resorted m by Judlcia] tribunals nut general view is that it should 11c»t be considered as an
for the speculadan of their authors concerning what independent, formal source of international law
the law ought to be, but Eur trushlmrthj,f evidence of despite tile fact that II may produce significant legal
what the law really is. {,lfustir:a Gray In Plquata effects.
Havana ruse, IFE us. 6??JJ
Q: And Ladlad was incorporated in zoos, and first
Rp¢1ui'4i+t*a to hp a mn'-zt l1ii!'!'l'!"Y rru=1'l'iFp~rl nlrhliri'-rl: applied for registration with The EDME LEE in
znna. The application for accreditation was
1. His writing; must be fair and imparlja] denied on the ground that the organization had no
representation of law, and, substantial membership base. Un August 17I Zi] IFJ,
2. I-Ie,r'she acknowledged al.1thdrlt1.r in the field. Ang Ladlad again Filed a Petition for registration
with the CDMELEE. On November 11, zoos, after
Euriltni of Fwnf admitting the petitioner's evidence, the EDMELEII
[Se-cond Division] dismissed die Petition on moral
In the Ebro Ehanne] Ease [LLI-L v. Albarda, 1949), die grounds. in this Pelition before the Court, Ang
ICI set out the burdens bt' prnnf applicable to cases Ladlad invokes that the Yogyakarta Principles - a
befube lt. set of international principles relating to sexual
orientation and gender identity, intended to
The Applicant nclrmaII..'l.r carries the burden of pref address documented evidence of abuse ofrighis of
with respect to factual allegations contained in its lesbian, gay, bisexual, and Iransgender [LGBT]
claim be a prep4:lnde1'ance of the evidence. individuals, reflects binding principles of
internaiiooal law. -Eao the Eourt consider diese
The burden falls D11 the Respondent with respect to principles as binding under international law?
factual allegations contained in a crossclalm
However, the Court may draw an adverse inference If A; ND, the -Court cannot ile]],r on the applicatlnn of the
evldenoe is solely in the control of one party that Yngyakarla Prlnclple.
refuses to produce lt.
There are declarations and obligations ouUined in
Hard L1-.-H2009 BAR] said Principles which are not reflective of the current
state of international law, and do nal Emi basis in any
Means binding laws; to constitute law, a rule, of the sources of intcrnatl-onal law enumerated under
lnsl:rl.Lment or decision must be authorltadve and Artic]e 38[1] of the Statute of the Interllatlona] Court
prescriptive. In international Law, hard law includes of lusticle. Petltioner also has not undertaken any
treaties DT international agreements, as well as otllect:l1.re and rigorous analysis of these alleged
customary laws. These instrument result in legally principles of international law to ascertain their true
enforceable conlnlitnlenE for countries [states] and status,
other international subieets.
International law is Full of prlnclples that promote
Suit Law [2009 BARE international cooperation, harmony, and respect for
human rights most of which amount to no more Man
There ave nun-blndlng rules of lnternadana] law. 500t well-meaning desires, wlthoot' the support of either
law is of relevance and 1n1pe»rt3n-me to the State practice or opinio .l!ur'8'. These principles are at
development nfinternatlanal law because it: best - de Iege ,liemndo - and do not constitute binding
obligations on the Philippines. Much of conteinporarj,-'
1. Has the p-nteoljal of law-making, Le. It may be lnternationa] law is characterized Br the soft law
a starting point Em later ']1aldEning' of non- nomenclamne.
binding provisions [e.g. UHEA Desnluliuns may
202 1 EDLDEN NIJTES ETD
PDLITICAL LAW
:I '- 1* | I |-|- l El. Stailti;

JI I I | I | b. Enldnles and dependencies;
f. Mandates and trust terrltdries [zoner Bar];
EYE-Ct crfllnilnlzd Ha1:14:lns Dl1~claratinrls,'Rcsulutinn§ belligerent Cl] mmu nitles,
d. The Yatican;
United Natlons General Assembly -{UNGA] resp]ulions e. The United Nations [jIN]; international
are formal expressions -of the opinion or will of United administrative bodies; and
N a t io n s organs. UHGA resolutions are m e r e ly f. To a certain extent, individual;
oeoommendatlons, not laws, and dlus not binding on
member states. 2. Indirect mbieclzi
3. International organizations;
nun; But If they are supported Br all the Sates, they b. Individuals, and
are expression of npinin jurls cnmmullls. Resnludans i.'. Corporatio ns.
can aM be a rleflecticm narwhal has bemme r:LLst1:l-maJ'3"
law. r.d_n Intmduninn an Public fnremuriunal La Ur. 3. Incomplete subjects
Hernasj a. Protectorates,
b. Federal states; and
E ffeft of Security' in until Rnsnluliulls c. Ivlalldaled and tl'1.L_;t territories.
P1Llrsuant m Art 25 of the UN Charter, all m e m b e r s of llllifri

the UH agree to accept and carry out the decisions of
the Security Council. 'J'l.l"hi]e outer organs of the United They are 'Lhotse who lndireet'l1.r have ]'ig]1t3 under, Ur
N a t io n s make recommendations to member states, are l:leneE-clarles of inlernallmla] law through s u b j e c t
only Me 5'.ecurit3-' I lo u n ci] has the power tc- make ofinternatianal law.
decisions that member states are then obligated to
implement under the Charter. Whirl* pa r>tlipft u r lfwruaiinual law
EUEIEET DBIECT I
PIrrsn :| 4
in respell of
E11t1q.r that has
which rights at:
rights and
EEFPW4 of 8Lrtim1'4 of 'LE rp.=u1»-z cut lnttrualiufwl Drrjinftion held and
respansibilllies
f\ri'4ni1=u'inn1 fro= if-fl me aT1"p=mr uhligatiuns
under that hw.
assumed by the
although lnternatl-onal onganlzations have pers-ona]1t'y sub-ir:l:t.
in international law, their powers and privileges ave .was lnL4:rnatll::u1a l
he no means like those of States. Their powers and person]laliq.-' that II HDI directly
pl'ildleges are limited by 'Lhe constituent instrument can directly assert gunlwerned had 810
.dppHmhl'e
that created them. (An l'nh'oo'ur;'tion to Pr.rtJJi4: rigltl3 ad can he mis it'
In t-emotional' Low, Eemasj lm-lv internal-anal
bald rvespnnslble
under t h e la w o f I-
The Court goes an to paint out that lnternat:1ona] natjn-ns.
organizations are suhiect of international law which Its rights are
do not, unlike States, possess a genera] competence. It can bea proper
neceinred and in,
International organizations are governed Br the P99," in
resl:l4Jns1billl:ies
principle of speciality, that is to say, they are invested Ira nsactinns
lmpnsed
by the States which create them with powers, the Ea,pnci!.}r £0 i n v n l v l fig the
indir'ec1:1],r
limits of which are a fLlnctlon of the eonirnon interest enter into applicatlan of the
1:hrnLLg]'L the
whose promotion those 5tates entrust to them. HE] [T'IIH_'HI['[iDlI law of nations
instrumentality'
AdviSor;-' lilpinlon on the Use of hfucfeor Weapons] among members
of an
nfinternatinnal
intermediate
-.|4||.14.14.12|§"==|,mq¢r4§4|I4I,q- communities.
agency.
A s u b j e c t of jnternatlnnal law is an entity Lhat has HDTE: Under me tmdftfonu! l:0ncepl;. only states are
rlghII3 and nespnnslbllities under that l a w . I t has an c o n s i d e r e d suhiects of international law. However,
lnternatinna] ]Je1'sdnalit'j,-' in that it can directly assert under the mntemporwy concept, individuals and
rlgha and be held direedy nespnnslble under the la w internatldnal organizations are also subjer:13 because
of had-uns. I t meant that i t c a n b e a p r o p e r party i n Ihe.=,f have right and duties under inte rnatlonal law.
transaetlnns invnlmdng the appllcaliun o f t h e law II:IF
nalidns among members of the inlernatldna] Q: Malaya Lilas have approached the Esneculjve
enmmunltl.r. [Er"u2, In temnrlnnnl' Law {204:r3 ET p. 27] Dcparuncnt Lhruugb the: DDI, DFA, and GSE.,
requesting assistance in filing a claim against the
The Subic4E nflntc-rnaiiunal Law: [apancsc c»tlEcials and military nfiicccs who
n-rdcrcd the establishment at Lhc 'cuminrt
1. Hired subieclx
271
Vernen" stations in the Philippines But officials of It is a oommunlly [If persons, more Dt' less numerous,
the Executive Department declined to assist the permanently oel1:upjfi]1g a definite portion of terrllory,
petitioners and tank the pnsiljnn that the independent of e:l»:te1'11al control, and possessing an
individual of aims it' Me -cnniinrt winier [nr orgaiilzed government to which the great body of
cnrnpensatino had alreadjr been liu1l]r satisiicd bi* Inhabitant render habltua] obedience.
]span's compliance with the Peace Treaty between
die Philippines and leper. Hay we farce the E1 pm¢*nt'-2 of: Stan* (Pp1'-[!p-GH-11 l
government to pursue die claims of cnrnfnrt
welnezn under the doctrine nfjius cagers" 1. nlanent population tpeoplej. It refers to an
ag.gJegate of i]idividuals of bath sexes, who live
A: HG, the Philippines is nut under any lnternadunal together as 3 immunity despite raeia] DT
nbligjati-an to espouse petltlnncrs' claims. cultural dlEfe hences.
From a dbmesde law perspective, the Executive 2. gnneu tcrrimrgr. It refers to the flared pardon
Department has the exrltisive premgat:l1.re to it' Mc cactus surface which Me inhabllanls
determine whether 11] esp-nuse petltidner's claims occupy.
against Iapan. In the lnternat'11:l»na1 sphere, the only
mea ns available for individuals to bring a claim 'within 3. Qvernmcnl; It is the agenqr through which the
the international legal syrsnem has been when the will of the stale is formulated, expressed and
1ndi1.ridua] is able to persuade a government to bring a rcallzed.
claim on the lndiluddua]'s behalf. Even then, lt is not
the lndi'u1dua]'s right that are being asserted, but 4. !IapaI:i1]." in enter into relations with other
rather, the state's 'l]l!l'l.l'l1 rig]'L13. states ffndependencegrsauereigng-'j. It is the
power of a state re manage in external al"Tairs
The question whether the Phillpplne government w11:hn1.lt dlrectlnn or lnterferenee h'nm armther
should espouse claims of its nationals against a slate. (Montevideo Baku-entfnn in the Rig-nm and
foreign gonrernlnent is a foreign relations matter, the Dr.rt{e5 n,f5'trJte5, Art U
authol'it.or for w]'dr:h is demons1:ral:lly committed by
DUI Constitution not to the courts but to die political f>tllpr '-=u+=.F.r*attd tltlltpllt'i of a p-Itatf
branches In this case, the Executive Department has
already decided that it is to the best illterest of the 1. E11.fll1zatlrJJ1
country to waive all claims of its nationals for 2. Re1:ngnllil:ln
reparations against Japan in the Treaty of Peace of
1951. hlalisln
The Slate is the sale judge to decide whet.her its It is defined as a body of people more or less of the
protection will be granted, to what extent it is same race, language, religion and historical uaM0on;
granted, and when lt wil] tease. It retains, a [Fenwick 101, 5-'ormaenlo, 208?j
ltiiscretionaryf power the exercise of which rnajr be
determined by considerations of a political DT other Dfw-clTil1-r of Eqllalitv f'rllFi*at~p~1
nature, unrelated to the particular case. The
International Law Eommisslons [ILES] Draft Articles All states are equal in lnternatlnna] law despite their
on Diplomatic Protection fully support this traditional otu.rlaus factual inequalities as to size, pehpulatlnn,
view. They [1] state that "the right of diplomatic wealth, sl:reng't]'L, nr degree of elvilizalinn. {.'§anmenM.
protection belongs to or 1.-'ests in t.he State, [it] affirm 28ETF _]
1t3 dlscretionarj.-' nature by clarifjring that diploma1:lc
protection is a "sovereign prerogati1.re' of the State; Princiulc nf5tatc Euntinuitv
and {iii] stress that the state "has the right to exercise
diplomatic protection on behalf of a national. It is From the moment of its creation, the stare -l:mltlnues
under no duty or obligation to do so. [I-J'|inuyo L: as a Juristh: being notwithstanding changes in i13
Romuio, as No. 162234 Apnvsa 2010] elrcumstanees provided anlyr that they do not result in
less of any 01113 essential elements. {5'appJ'ure Ease, 11
lntcrnatinnai Eummuninr wan. I 154 In Cruz, 2003)
It is the body of juridical entities which 3.l'*E governed Q: If State sovereignty is said to be absolute, how
br.' the law of nations. is it relaxed to the independence of other States
and to their equality un Me internaljenal plane'
]'!H}TE: Under the modern concept, lt is eompolsed not
only of States but also of such other international A; From the standpoint of the national legal order,
persons suLLr:]'L as the UN, Me Yatj-can City, colonies and Stale sovereignty is the supreme legal authorllyr in
dependencies, mandates and trust territories, relation to subllel:ls wllhin ill territorial domain. Thls
internatzlo-nal admin lstratlve bodies, belligerent is Wie traditional context in referring to sowwiglu as
elonnfnunltles and even individuals. ahoolute. However, in the lntematlona] sphere,
s:overe181'1l1.r realizes alL~:elr in the existence of a large
number of s»overeigJ'Ltles. such that Uiere prevails in
PDLITICAL LAW
fact no-existenoe of suvereiglltles under mndlliuns of Fl II IP=a n n Firatr EII-rr"4'1 Qi-nn

Independence and equality. l[!»-fagnHI::na, 2804]
1. As to terHtaljl.= - The capaclljes, rights and dudes
State 5-nvcrcig;l1tII.r as defined in intcrnaEnnaI law of the predecessor State with respect to that
territory' terminate and are assunied by the
It is the right to exercise in 3 definite pnrtinn of the successor Stare.
flu-be the functions -of a State to the efxclusinn of
another Stale. Sovereignty in the relations between 2. As to State pl"aperlj." - The agreement between the
States signifies independence. Independence in regard predecessor and the successor State guverll,
to a purtidn of the glebe is 'Lhe right to exercise Ihereln nli\erwise:
to the esclusldn of any dthec Slate, the function ns of a
State. fisisnd of Pufmns cuss: use it the Netitsdundi Where a part of the terrltor3r of a Stale
April 4-, 1928] becomes part of the territory' of another
State, property of the predecessor State
Fuurlamvnral Ri4=.l1I1 ref a irate' located in Mat territory passes m t h e
suocessoc Slate,
1. Existence and self-l:+reser1.ra1:la-n, b. Where 3 Stale is absorbed by another State,
2. Snuerelgnty and independence; properly of the absorbed Slate, wherever
3. Equality, located, passes to the absorbing State; or
4. Property-'and jurlsdictiun; and, E. Where a part of a State becomes a separate
5. Diplomatic intercourse. State, property of the predecessor Stale
located in the territory of' the new Stale
Extingllishment of a State passes to tbe new State.
The radical impairment of aL'tllal lass of one or more 3. As to public debt - the agreement between
of the esaenlial alamenm of the stale will result in IM predecessor and suoeessor State govern;
extinctjan. {Ell'ua, 20nu1 otherwise:
.'§ll¢'n"-19i¢'l11 EL Where 3 part of the territory of a Stale

becomes part of the territor],r of another
Stale §lICCE'§5llIITl takes place w h e n one stale assumes State, local public debt and the rights and
lite rig]'L13 and some of the al::]lga1:ians of aneld'Ler obligations of d'Le predecessor State under
because ufelerlaln ehangesi the ennditlnn of the latter. contracts relating to that territory are
T h i s h o l d s true in the event that a st al e i s tea nsferred to the successor State;
extinguished or is cheated. (Emf, 20e0,t b. Where a State is absorbed by another State,
public debt and the rights and obligations
It is Me replacement of one State by another in the under contracts oF the absorbed State pass
nespanslbllity Eur the i nternatianal relations of to the absorbing State:
te1'1'1tar3f. [Wanna Eunventiun an .Sùcr:ess'I-an aF5mtes in E. Where a part of a State becomes a separate
respect of Treaties., Art g{njj State, local public debt and the rights and
obligations of the predecessor State under
A succession of States does not as such affect: [a] a contracts relating to that territory are
bn1.Lndar],r established by 3 treaty; DI' [IJ] abljgadans tra nsferred to the successor State.
and rights established Ba* a treaty and relating to the
regime o f a boundary. .lfWerma Cnmrention an 4. as In tmottec
Succession as' States in respect of Tieulies, Art I I a. When part of the territory of a Stale
{a}fny becomes Wie t e r r l t o r .],r of another State, the
international agreelnenm of the predecessor
"Cllp=m Filatp' Rule State cease t o have effect i n re sp e ct of t h e
territory and international agreement o f
W'hen one State ceases to endst and is succeeded by the suecesso r State c o m e into force d'Lere.
anothei' on the same territory; the 11ewl1.r independent
Stale is not bound to maintain in f-once, or to become a MUTE "MnWng Tmaq DT MnWng
parter to, any weary by reason only of the fact that at Ba1.Lndarles" Rule - A :mm State may seek
the dale of the succession of States the treaty was in relief from the treaty on ground of rebus sic'
force in respect of the tercltorjr to which the gfgnffbui
succession of5tates relates
When a State is absorbed by anod'Ler State,
XPHS: Me lnterna1:1ona] agreements of the
absorbed State are terminated, a n d t h e
1. 1l"l.I'he]1 the new State a g r e e s t o be bound by the inlernatlonal agreements bf the absorbing
t r e a t i e s made Ba' l l s predecesnnr; State become applicable to the lerri'tm'j,f of
z. Treatles af f ect ing boundary regime [nth the absorbed 5tate.
pnss'1d-QM), and
3. Customary internath:inaH law.
ETH
MUTE: 'Moving Treaty DI' Mavlng attitude or forbearance from adhering to We enemy
Boundaries' Rule may apply. Br god fig the latter aid and comfort, the occupant has
no power, as a corollary of the preceOlng
h. When 3 part of a State becomes a new State, -oonslderallon. to repeal or suspend the operation of
the new Slate does not succeed to the the law of treason. [Anastasia Laurel' us. Eriherto 8-Hsrl.
international agoeemems to w11id'1 the lord]
predecessor State was a party, unless,
exp ressl}.r' or by implication, it accept such .win-:rr9'4inu of linwmmvnt
agreements and the other party or parties
thereto agree or acquiesce; or, T h e re i s succession of government where one
government replaces annMler either peacefully Ur by
Pre-existing boundary and other terrltoria] vlclent me'llmds. The integ;r1t§.r of the stale is not
agreements continue to be binding affected, the state continues as the same international
notwithstanding ,run possld'-EEE: mfej. pecan except only that is lawful cepresentatlmre is
-changed. l"Eru2'. 2800]
Effvrti of a r'haI1F.1' -of 1n1rprpirlI\n' on lrmniripal
laws Eftccls of a Change ul'Gavcrnmcnt
1. Laws partaking of a political complexion are 1. lr the change is pea-l:efuL the new government
abrogated automatically assumes the 1'i.g]1Is and respansibilitles of the 4:1Ld
2. Laws regulating private and domestic rights gnvernmem;
continue in farce until changed DT abrogated 2. lr the change was effected through a 1.rll:l]e11r:e. a
dlstinclinn must be made.
Effect of change of sovereignty' when Spain needed
'flu' Philippines to the IF: EI. Acts elF pcl!1tlcal camplexlnn may be
denounced, and,
The political laws of the former sovereign are not h. Rnutlnary' ans of mere governmental
merely suspended but nhmgl]red. As Lhey regulate the admlni stradan continue In be effective.
relations between the ruler and the ruled, these laws
fall to We ground fpso tarts unless they are retained
nr re-enacted by a pu-siti1.-'e ael of the new smfereign.
It is the acknowledgnlelll extended bya Slate I0:
Non-p»oI1tlr:aI laws, bl.' contrast, continue in operation,
fm' the reason also that they regulate private relations 1. Another Slate;
only, unless Lhey are chaltged Br the new sovereign or z. Gave refment, gr a,
are contrary to its ins1:itut:lons. ,['En.rz, Public 3. EE lligenenl community
iI.ntemntionoi Low, 2:114]
Rrcagniii-an is not an element of the Stare.
'its mi of '-1l1 pFiaufp ='lurillr' 1==I p=ulp'ip I1-"rurl=l.l'i fun
The palidcal existence of the stale is independent of
There was no case of suspended allegiance during the reengnit:lun by the -nlher states. E1.reJ1 befnce
Japanese occupation. Adoption of Ute Uteorgr of recognition, the slate has the right to defend lls
suspended allegiance would lead to disastrous integrity and independence to pm-1.rlde fur its
consequences fm' small and weak nations or states, 'Dl1H3ET'l.l!3l:iCIIZ'l and prdsper'll'j,rI and ednsequently to
and would be repugnant la the laws of humanity and organize itself as it sees fit, to legislate upcnn its
requirements of public conscience, fm' L: would allow interests, administer ins services, and ld define the
1 n1.-'aders to legally recruit or enlist the quisling Jurisdiction and competence fits curls. The exercise
inhabitants of the occupied territor1.r to tight against of these rights has no either .lilnitatlun than the
their own government without the latter incurring the exert:ise it' the rights of other states according to
risk of being prosecuted for treason. To allow lnternatla-na] law. I]-Eltanteuldea CamfennPn an the
suspension is to commit political suicide. {.*l.nastncll¢:l Highs and Duties nf5'tat8r, Art .in
Laurel vs Erilrerto Miss, laid]
NDTE: The acknowledgment by 3 State is mupied
HUTE: A11 inhabitant of a eunquered Slate may be with an indication of Us willingness to deal with the
eunvlcted of treason against the legitimate sovereign entity as such under international law.
en-mmitteti during the existence of belllgereney.
Although the penal erode is a nn n-pnlitlcal law, it is 1. To treat the new Slate as such,
applicable to treason cnmmltted against the national z. Ta accept the new government as having
security of the legitimate government, because the authority tc- represent the 5tate it purparls to
inhaNitanm of the neeupled territory were still bound gm-'ern and maintain diplmnatlr: rela1:l-ans wlrh
by their allegiance to the latter during the enemy it; and,
n1:r:upatin:l1. Since We l:+reser1.ra1:11:l»n of the allegiance DI' 3. To recn,g:rli2.e in ease r:lf 1nsurgen13 that they at*e
the obligation of fidelity and nbedienee of a -ellizen DI' entitled lr: exercise belligerent rlghln
subject to his gn1.re]'nment DI' sm-'ereign does not {HncWnH4 166]
demand from him a positive at'tlen, but only passive
PDLITICAL LAW
Kinrlwf Rrcnr:I1ili¢m NDTE: Republic of the Marshal] Islands and the

Fadcrated States of Hllcranesia are Enrmerly part of
1. Express Recognition. Thls may be verbal or in Me u.s. Ad ministnered Trust Territory of the Pal:IEr.'
wrftlng, It may be extended through: Island;
a formal proclamation or announcement;
b. stipulation in a treaty; The assnclaled state arrangement has Li3ually been
c. letter or telegram; -or, used as a transithnnal demriele of farmer enlunies an
d. official call or conference. their way to ful] independence.
2. Implied Reropidom It is when the remgnizlng fig: Antigua, SL l{i03-Nevis-Anguilla, Dominica, 5t.
scale enters into oMoial intercourse wpm the new Lucia, SL El'ln1:'enl. and Grenada.
member by:
l Exchangln8 diplomatic re press nlatlves Q: Formal peace talks between the Philippine
wllh in Government and HILF resulted in the crafting of
b. E lparljte tl'*E3[l,r; Me ERP-E4-'IILF Tripoli Agreement on Peace [Tripoli
C. Acknowledging lU Hag; or, agreement 2001] which consist of three [3]
d. Entering into formal relations wllh it; aspect: a.',ll security aspect; h.] rehabilitation
aspect; and c.] ances1J'aJ domain aspect.
Thenri-cs of Recu£lli1:inn of a Stat-L* [2004 BAR1
l:II!1D:l:Z££1 Yarieus negotiations were hem whit led re Me
Enajizatin-n of the Memorandum of' Agreement an
1. Ennstitutive The-nrjaf. Recognition is the last Me Ancestral Domain [HON-AD). In i13 bo-cl]."| ic
indispciisable lzlnmnnt that mnveru the slate grants "The authority and iurisdirljon over the
being recognized into an international person; Ancestral Domain and Ancestral Lands of the
and, Bangsalnero" to The Bangsarnoro ]uridieal Entity
[B[E]. The latter, in addition, has Me freedom to
z. Dgdaramry Throw. Recugnitlnn is nle]'eIl.r an enter into any erononiie eooperaNon and trade
aclulnwledgment of M12 pre-exirdng fact that the relalion with foreign countries.
stale l:l-elng recngnlzed is an international person.
{E`ruz. 2083] The Mon-no further provides Mr the extent of the
territory of the Bangsalnoro. With regard to
NDTE: The ]Jve1.-'ailing d'Lenr.jl,r is the Declarataiy governance, on the other hand, a shared
Th4:u1!.-'_ responsibility and authority between the Eentral
Government and B]E was provided. The
»\'\1lth=1rinr I-'1 FH~m;mi'1|- relaiionsliip was described as "associative." Does
the MDA-AD violate the Constitution and the laws ?
It is to be determined according no the municipal Haw
cfeach State.. A: YES. The concept of association is not recognized
under the present Constitution. Indeed, the concept
In Philippine setting: It is the President who implies powers that be beyond anything ever granted
determines the question of reeegniliell and his by the Constitution to any Iona] or regions]
decisions in this matter are eunsidered nets efsmte government. It allsn implies the recognition of the
which ave, therefore, not subject tnjudieini review. associated entity as a state. The Constitution,
however, does not contemplate any state in this
Ba~1i'1 -:l[»\uthnriP¢' nflhr* Frp1irlr-nt lTI1ir-1p1 iurlsdlclinn other than the Philippine State, much less
does lt provide for a transitory.-' status that alms to
1. Treaty-mold fig power; prepare any part of Philippine terr:ltor.',r for
2. Right in genera] to act as the Foreign l:"4JIiq,r independence.
spokesrrlan of the nation;
3. Military power' and, The proWslons of the MGA indleale that the parties
4. Power to send and receive dlplomadc aimed to vest in the BIE 'd1e status of an associated
II"EII]l'E'3iET'l[3Il\l'E'3. state or, at any rate, a status -closely approadmating it
[The Province of North Eotobato '|.". ERR ER. No.
NDTE: Being ewentially disevetianary, We exercise of 183591, Gctober /4, 23881.
Iilese powers may not be compelled.
Rcr:ugnIti41II. of Starr vs. Rcr:n!4nitill1u. Lu(
Dactrinc aIA3snL'iatiun [2010 BAR] Government
It is farmed when twin stares of unequal power

I.r-aluntarily' establish durable links. In the tiasit' mdlcleL Du] a definite territory | Person m
one slate, the associate, delegates certain of human society | group of persons
nespdnslbilitjes to the n'Lher, the principal, while Asia | politically organized, | capable of
maintaining ins lnternatinnal status as a state. Free mnlent | independent and | binding the snare
assneiatinn re'presen13 a lnlddle ground between capable of observing | Ilfiejr r:]a1m to
integration and independence. the obligations of | represent
ETS
i]1l:'El"lfl3Il[!ITl3.l Jaw. upheaval has taken plane will deal at not deal with
I t c a r r i e s with I I t h e whatever government is in enmml therein at the tlme
re co g n i ti o n a-E and either aetlen shall nut be taken as 3 Judgment on
gcwernlnent IIE:luulnul:4::an1r=
"*-..
the iegidmaey r:lf1;he said government
Rensnn: The _Trane
recognized has all the rer:ng;l'1it:l-nn U-P fur# Rrcngnilinn or. Do" M49 Rmngmitinn [1999
of..
I
essential req'ulslres et l:r
.
so. Halal
Stare at Use time
recognition is extended.
Revocable MF Rl:1atiul:13-' Prauislnnal I n - -*

brought abunrt by
£rurnl'i4:m in m a n E11t. dura1J4:m of armed
lanliunllll. violent hr.:
_ 1 I 1.
l"¢m1l¢g111l Vests title 'ED Dues not vest tide
m eais) nrMement ID pop-ertles at' 111 pm-parties .H
govern rent an'. guvemmenl
Rpfluiwnlpnt*a RR r Rm4miNnn¢[Enwmmpnt ab l"{.ll. ahruad.
Erln8~ about ful] Llmltrrd Lu certain
1. The government 15 stable and effeetlve, with no di.'IJlDll1.3tlE iuridlcal nelathlnx
substantial reslstanee to lt.s al.L1j:\o]'it;.r;
2. The government must show willingness and
abilitJ.r to discharge lt.s international obligations; Eff:-r-[1 of Ihpr11§='ni1'il1n IFIF' 4.1
ant
3. The government must enjoy popular unsent or 1. Full dll:+]1Jm.atl-c relalin ns are esulb llshed;
approval of the people. [XPN= Where the government rer:ng1'1i:z.ed is de
facto]
Tp41 in Fp-"'r!=nirinL*' =L new Ilrwprrlnlpnt
2. lmmunlqr from 11.lrlsdlr:til:ln of 1:rJ1.1r13 of law of
1. Dl:lieL'tllve Test. I-Iere, Me government must be recugn lai fig State ;
able to maintain order wimp the state and repel
efxnerna] agressinn. 3. Right to Possession of the praperllzles of ils
predecessor in 812 territory of the mmgnizlng
2. Subiectiw Tnsu. The gn1.re1'nmenl is willing to St.31.'~!; anil:L
cuinply with its i11t1:1'natlana] obligaduns []*H}TE: This is not applicable as to Rewgnitlnn of
sum
Tnh=lr nr Wil'-:fm Dnrn'fnp IZII DO RAR!
4. All Arts of the remgniaed slate ar gwernntent
It precludes reengn lliun of any gevernmenl mmzing are validated tetra-actively, pmucnOng the
intl: existence be' neunlutienarjr means in lang as the recognizing state from passing upon their l e g a l i t y
freely elected representatives of the people thereof in its ECU :num
have net mnsdtutiunally reurgjanlzed the l:l::II.1n1:rl.r.
Bl'-1 [lg" f r-'l1r'¥
Stimson Du-ctrinc
It exist when the inhabllams of a Slate rise up in
There is no reign lliun of a government established arms far the pu rpuse of nuwerlhruwlng the legitimate
T.1'LraugJ'L external aggres-sirJ11. [Nash urn, 3009] government DT, when there jg a stale CIE war between
two stale;
Estrada Du-ctl'in-c [2004 B431
Two [2] Senses n~fBeIligcnnc1l.r:
It involves a p-nliqr of never issuing any declaration
g i v i n g reengnitinn in ga1.rernmen13 and of a1:eel:l1:1ng 1. It may retiei' m Me state of war tlehl.-'een twin [3]
whatever government is in el"Teetlve :annul with-nut ar more states In which case, the states of war
raising the issue of recognition. An inquiry inn: are referred in as the belllgerlent states; and
legitjmaq,-' would be an intewentinn in die lnterna]
affairs of another State. z. Ar:uJal Imstilitles amaunling to r.'lvi[l war within a
single SIHIE.
'Wilson [:Im:tJ'inc vs. Estrada Doctrine
Requisit-cs in Recognizing Bell igerencv [DS5D1
In the Wilson or Tobar Doctrine, a government
established by means ]cvol1.Ltlo]1. civil war, coup d ' e t a t 1. There must be an Ikgjanlzed eli] government
o r other forms of internal violence will not be dlreeling the rebel forces;
recognized until the freely elected representadhres oF E. The rebels must ectupy a Substantial p - n r t l e n o f
the p e o p le have orgaiilzed 3 constitutional the territory of the state;
government, while in the Estrada [:IoclJ'ioe any
diplomatic representatives in 3 county where an
2?-E
202 1 EDLDEN NIJTES
PDLITICAL LAW
3. The l:n11fllr:t between the legitimate gm-'ernment Fltrnlenilinn of Bp1liEprpuf1r

and 'Lhe rebels must be 5erle»1.Ls., making the
D ulenme certain; and Recngnllinn of belligerent 13 the formal
4. The rebels must be willing and able m Dbserve acknawledgmenl by a third party if the existence of a
the laws of war. state of war between the central gaverrnnenl and a
l:'4:'rtll:m of that stare.
NDTE: Absence oF any of the foregoing cendllinns will
result Jnenelyr in insurgency which is rarel y EflWre of Ercnrmitinn n[Epllir:p1"pnr\f
been-gnizled. l'HI:1chum, O'uLHne Reviewer In Pafiticu!
Lamp. 548] 1. Responslbllity for acts of rebels resulting in
1nl11r.l.r to nationals of the rer:ogni2.1ng state shall
[.p18==l f1nu'=apq1'1pucf"4 of Bf=1lia'pu=f1¢"¢' be shifted to rebel government
2. The legitimate go-vernntem recognizing the
rebels shall observe M e laws o f w a r i n
8nfmm conducting hostilities
It is the legitimate government dot is
cognition 3. Third states neoognlzing betligeoeney shall
nespnnslble Eur the all: or the rebels maintain neII.Ltt"alll1.r
of the
affecting Enreign nationals and dlelr 4. Reebgnitlbn is only prmrlslonal and only for the
pureii-E
ram :'rlr5.
SHJIE purpose of the hostilities (Mathura, Dnrtline
i i l e Belligerent I..-minunity la Rewewerln Political Law, p. 1548-649]
considered a sepnr¢.rtl.' scare for
the purposes of the conflict it is Q: When dues bE{Iigerl:nqr quist?
wagi ng against the legitimate
government A.: Bfelligenencg.-" emu: wlhen a sizable portion of the
2. their relatlotts to; the l:11.Lrat:lon te1'ritor1.f of a state is under the effective control of an
of liostlllties be gel-erned by the insurgent community which is seeking to establish a
ml-rs of won separate government and the insurgents are in de
Troops of other belligerent when facto oontl'o] of a portion of the territory and
After captured, shall be treated as population, have a polltieal organ location, and are able
l"BCID§l'I'tUI]]'l prisoners ofwur; to maintain sudi control and conduct theinsehres
of the 4. Parent slate :hall lm longer be according to the l aw s of war. For estample, Great
parent i f i rl l i e for al:ll}" damage that may Britain reco9imd a state of belllgenenqr in the United
state be caused to third p-arties by States during the l:Ii1.rll War.
rebel government
5. Both belligerents may &11'l.1-1 -1ll»'n==r4lau»c--e411-:=h4w-p44I:-»:111:1n I
the right .to riSit and suul'i.I1
upon neutral merchant 1.resseIs These are bodies created by sovereign states and
whee functioning is regulated by international law,
.6_ Both the rebel and the Iegltimale not the law of any given coII.1n1:l'y. Thcy ha1.-'e a
government shall be entitled, to functional personality which is limited to what is
to!! war status' necessary to carry out their functions as found In the
II .- under oh-ligallem lu reserve instruments of the organization. It is set up Oya treaty
JI: m third strict 11eulraliq.-' and ahlde by the among two or more states. It enjoys immunity which
States cunseque rices arlsirlg from that is based on the need for effective exercise of its
position him-ctions and is derived trorn the treaty creating LL
{Berncrs, 20£l'9}'
lnw"r1pf\r1¢' or. Rrlliafwmwr
It is generally used to describe an organlaation set up
by an agreement between mo or more states. Under
More series us and contemporary' international law, such organizations
widespread and are endowed with some degree of international legal
A mere initial personalltlr such that they are capable bf exercising
presupposes the
stage of war. It specili-c rlghls, dudes and powers. They are organlaed
existence Df war
As' to lnvcllmres 3 webs] mainly as a means for -conducting genera]
between UAJIZI DT me-re
nature mm.-'eme]1l. and international buslness in which the member states
states {l"1rsl sense] nr
is usually not have an interest
alr.'n.Lal civil war
recognized.
within a si ogle state
IrIs are governed bl.* Lhe Pr1!nciloJ'-e o,f .5'pccioJ't}-', Hut is,
[second sense].
Sanctions III Belligerent." is they are invested by the States which create them
lnsurge ncg.-' an: governed by the rules with powers, 1:he limits of which are 3 hlnction of the
.ds an the governed by an international law common interest whose promotion those States
r pp!ic4:lh!£ mu nielpa! law as the belligerent; entrust to them. [Noah r.rro'. Elutfine Reviewer in
l aw Revised Penal may be given PoHtl!coJ' Low, p. 656]
Code, Le. lnte1'na1:i DUB]
rel:le]]le»:l1. | . rsrJnalltl'.
ET?
'Specialized agencies" are 1 nterna1:i11na] argjanlzalinns The [Luurt has Mme to Me cnnclusinn that the
having Eunm1mB in particular Fields. [IEMC us. (:'n.He.l'I:r. urganlzatinn is an international person. That is nut the
ER. No. 85950 Sept-amber: pa 1998] same thing 33 saying that it is a Stare, which it
-certainlj.r is nut, DT that its legal personality and rlghls
An pnriw ii rfrn'-=ifl1"~pd an in if it mppt*l rhn and duties are the same as those of a State. son less is
Inllnwing ~rTit1'rir II the same thing as saying that II is a 'super-state'.
whatever that expresslnn may mean. II dues not even
1. A permanent association of states, with lawful imply that all in rights and duties must be 1.Lptln that
objects, equipped with organs; plane. What II does mean is that II is a subject of
2. A distinction, in terms of ]egal powers and law and capable of pussesslng
internat:l1:l-na]
purposes, between the organization and its lnternatlunal right and duties, and that lt has
member states; and capacity to maintain its rlghu by hringlng
3. The endstenee of legal powers exenzisable on the lnternatle-na] claims.
intematlonal plane and not so]e]y 1MtJ:\1n the
national system of one or more SI3[E8.
Q: What dues the term 'auxiliary status" of small:

In international law, individuals were objects or at
international nrganizati-urls entail?
best "benefi-elarles' of international law. With the
greater global awareness of human rights individuals
A: The term "aLL:ldliarg,f status' of some lnternatlcnal
have now come to be nee-ogniaed as possessing albeit
drganlaatidns such as the Red Crass Sncietv, means
limited rights and obligations in international law. [An
that it is at -one and the same time a private 1nstitLLtid n
introduction to Public International' Low, 8ernosj
and a public service organization because the very
nature of its work implies cucperatidn with d'Le state.
The modern trend i11 public international law is the
The pwnc, as a Natlcna] Society of the Internatldnal prima-cj.r placed in the worth of the lndlridual person
Red Cross and Red Crescent Movement can neither be
and the sanctity of human rights. Slowly, the
'classified as an instrumentality of the state, so as not recognition that the 1ndi1.-'\llc1ual person may properly
to lo-se its character of neII.Ltra]it[,f" as well as its be a sul:lleet of international law is now taking root.
independence, HDI' strlctl].r as a private clnrpnratlnn
The vulnerable doctrine that the subjects of
since it is regulated be lnternatlcna] humanitarian law
lnternat:lonal law are ]inllted onl.1.r to states was
and is tl'eated as an auxiliary of the state. (Lilian v. dramatically eroded towards the second half of the
Garden, E.R. Ha. I?5352,_tl:1nr.rnry 18, 2811]
past cent1.ur1.r. Significant e1.-'ents show that the
individual person is now a valid subject of
Q: TEbere has been an assassination in ii' international law. [Government of Hong Kong So-eclol
September 1948I by [elvish tenwnrist »1d'mimstrntive Region u. Hon. DiaNa, GR No. 153675,
nrganisatiens, of the l.lN's chief truce negetiater, a April 19, 2l5TI!tL'*'j
Swedish natinnaj, Count Fnlke Bernardo-tue, and of
Me UN nbserrer, a Frenchman, Edlcrnel André
lnIm"n=1 fir-1f»Dptfrmilla\'inl1 vi Fvtfrnal 9l-1[.
Sérnt, while an an racial mission fur the UN. They Dcterminaizinn
were murdered in the eastern part of Ierusaleni,
which was under Israeli cnntrnl, at the time when
Israel had pmclaimcd in independence but had
nut yet been admitted to the UH. The UN
People of a states'
cnnsiderled Mat Israel had neglected to prevent nr Establishment of 3 sovereign
punish the murderers and wished to make a claim pursuit of its political,
and independent State, the
economic, social and
Iur cnmpcnsatiun under international law. The UH free association DI' integration
cultural development
General Assembly s-aught the advice al' the IE] as to with an lndepelldent State at
within the framework
the legal capacity Ni the UN to make such a claim. the emergence into any ether
-of an existing State.
Dees the UN have a legal personality to make a po]ltica] status h'eelj.r
claim? NDTE: Recognized
determined by a people which
constitute modes el
sources of
A: YE5, the UN has a legal personality. implementing the right ors=e]f~
lnternatjonal law
determination by that people.
establish that the right
The Court held that the UH possessed 3 judicial
to self-determinatzlon
personalty an the lnternatlona] plane and was NDTE: arises only in the mast
of a people is normally
therefore capable of presenting such a claim with 3 -E]'ED"E'lf\'lE cases and, even then,
fulolleo through
view of obtaining reparation due i11 respect of the under carefully defined
damage caused to both 113 assets and jE agents {&\e
Internal self
ElJ€"l.LllllSt3]1CE5..
so-called functional protection] - an objective
determination.
international Ieg,a] personality operates also onces.
Exceptional eases in which Wie right to external self-
Though the UN Charter did not e:l»:pressljl,f clothe the
determination can arise, namely:
UN with the capacity to bring an international claim
1. Where a Stale is under nulmllal rule;
fm' reparaliprts, the UN nevertheless pussemed
functional personality.
z. Subiecl to Enveign domlnati-cm or exploitation
PDLITICAL LAW
outside a menial cnnlexi; and, 1. Personal jurisdiction. lr refers to the l:HJwer

3. Blocked from the meaningful exenclse of 113 right r.\:lc+3]c1snd by a start: over 113 nationals.
to internal self-determi]1atl1:lln. :The FEr'nuirlce 0.f
North Cnmhatn 1-' GRE ER. Hn. 183591, flcrnber 2. Territorial lurlsdiL'tion. It is the Jurisdiction of a
/4, Anna; state oval' al] persons and property within its
territory.
NDTE: The be::{ple's right m self-delerminatilrm dues
nut extend la a unilateral right -of secesslnll. 3. Land iurisd icti-on. It is the iuriodiclion of a stale
over e1.-'erjrthillg found widen the terreslrlal
Right in lnrrrnal ?ip1[-Dlr-tr~1rmin=1l'i am of l1'\~rli;8p11Jal1i domain of the stale.
Ennplrs
4. Maritime and fluvial jnrisdi-l:l:in-11. The internal
Indigenous peoples situated within States do not have waters cl-fa state are assimilatrfd to the land mass
a general right to independence or secession from and subjected in Me same degree of Jurisdictlan
those states under international law, but tJ'le],r do have exercised :her the lernestrial domain {Le.
the right amounting to the right to internal self- enclosed waters such as the land-lacked lakes,
determination. Such right is recognized by tile UN national rivers and man-made r:ana]5].
General Assembly bl.' adopting the United Nations
Declaration on the rights of Indigenous Peoples 5. Contiguous IDIIIE. States have claimed
[UNDRIP]. {TM Province of North Cotoboto v. ERR "protective iu1'i5dietlon" 'D"l"ET contiguous ZDHE' or
Reid; a zone of the high seas contiguous to 113
territorial sea to: [as prevent inl'rl ngenlent of its
NDTE: The UHDRIP, while upholding the right of customs, tislsll, immigration or sanltar.3,r
indigenous peoples to autonomy, does not obligate regulations wit:hin lu territoqr or territorial sea;
States to grant indigenous peoples the neat' and, [IJ] punish infringement of the above
independent status of an associated state. There is no regulations wrthln its ter1'itor],r or territorial sea.
requirement that States now guarantee indigenous
peoples their own police and internal security force, 6. Continental shelf. The coastal state has the
nor is there an acknowledgment of the right of s::l1.-'erelgn right to explore die mndnenta] shelf
indigenous peoples to the aerial donlaln and and to expledt 113 natural TESDLITCES and fur this
atmospheric spare. But what it upholds is the right of purpose it may erect an it such insta]la1:i1:»ns and
indigenous peoples to the lands, territories and equipment as may be necessary.
resources, which they have 1:rad1tlonaJ.lj.r owned,
occupied or othemflse used or acquired [Province of T. Patrimonial Sea. It 15 also known as the
North C-otolioto u. GRP. it-ni} excusive econolnir: zone. All living and non-living
resources found lhereln belong exclusively to the
l.11l £l:lrl1II:1l:lal ».1II:II5ll:l:ll.'EilI'ITJMll'={'.*l coastal snare.
IIISMIEEJIIIE Dpen seas. A stare may exercise Jurisdiction an

the open seas in the EnllnWngz [3] :her 113
They are nun-international armed eunfliets whleh vessels; [IJ] over pirates; [e] in the eseereise of the
take place in the terrllary of a I-Iigh Go-ntraedng Party' right of visual and search; and, [dj under the
between lls armed farces and dissident armed fames declrine of hut pursuit
DI' ether arganlzed armed groups.
9. Aerial iurisrlicti-nn. The Inca] stare has
National Liberaiiun Ivklvemenls i1.Lrlsdir:1ill:ln ever Lhe airspace above it to an
unlimited height
They are organized groups fighting in behail of a
whole people for freedom from colonial powers. They 10. Dther tent-ories. A slate may, Of vlr'llle of
are "peoples lighting against colonial domination and customary or oon1.r'entloJlal international law,
Allen occupation and against racist rleglmes in the extend HE Juriodiotlon beyond HE terrimrjr and
exercise of their right of self-determination, as o'uer territory not falling under Us sovereignty
enshrined in the Charter of the United Nations' (Hrs: [Err.rz. International Low{2W3 Ed.j', p. 125-140] .
Protocol of the I of? Geneva Eons-ention,i.
nrfilnL1llilllrll.1l[lq\{I1§_
-3ILu=IL1»ll41l-14 *1l'iMi°l~ l H [T-n-A-p-u n- Pa)
It is d7L competence of a State under lnternatlcana]
law to prescribe and enforce IZllCITTIll§ of law, as well as 1. Terr1t1Jrialit'.5-f Print le
adiudi-cate mer persons, l:»rnpertJ,r. even13 and 2. ]'4lal:i-nnality Principle and Statelessness
ce]a1:i1:lns on the b3315 of these norms wiring i13 3. Pmlectlve Principle
ter1'it1:»r'1.r. ,['!¢fa,ga[[nna, 2l'?[J'5.T 4. I.lni1.reJ'saI1'q.r Principle
5. Passive Persnliallqr Principle
Kinds of i'r1'ri4r!i\"rin-ne
NDTE: The Ieadlng principles of Jur1Mimlnn in
E?9
Philippine law are the territnriailtjf priliciplr, NDTE: T]1js is illustrated be Ari; 15 of the Civil Code,
11atim1,aliw_ principle, and the l:mter.'t11.re principle. thus: 'Laws relating to fa mile rights and duties, or to
the stains, condition and legal capacity of persons are
binding upon etitizens of Me Phllipplnes, even though
living al:lroad.'
The territorial prlndple is derived from the concept of
State solrerelgnty. II means that a State has the Statelessness
prilnar],r Jurlsdietlon over a]l events taking place in us
territory regardless of the nationality' of the person It is the enndllinn ar status of an individual who is
responsible. It is the dominant ground of 1l.Lrlsdil:tion either a D-ejure stateless person DT a Defects stateless
in International Law. All other State must respect the person. [Frlvu{dn u. CDMELEE ER. Na. 123955 June
supremaqt of the State over its territory, and 28, 1996]
consequently must not interfere neither in its internal
affairs nor in its territorial ILLrisdletion. NDTE: See discussion un statelessness under
Nationality and Sralelessncss
The territorial iLLr1sd1-ct1on of State extends over us
land, iTs national airspace, is internal water, lI.s
territorial sea, jE national aircrafts and jE national
vessels. It encompasses not only crimes committed Any Stale has the right in punish acts even if
on Lis territory but also -cr mes that have elfecu wllhi n committed nuiside its territory, when such acts
iTs territo:r3-'. In such a case, a ooncuzrrent jurisdiction constitute attacks against is security, as lung as Uiat
occurs, a subjective terrltdria] iurisdictjdn :may be conduct is generally neecignlzed as crimillal br.f states
eserclsed be the State in whose territory the crime in the intematlnnal eummunitg.-'_ nuns BAR]
was committed, and an objective territorial
jurisdiction may be exercised by the State in whose By reason of this principle, the Philippines takes
territory the crime had HE effect Jurisdielj-nn over persons who eemmitted acts outside
the territutial iurlsdlction but with eunsequenees
Under subjective territorial' .lu.r[sd[l:nnn a State will prejudicial m HE interests or inimical to HE security.
have iurlsdiclinn ave? r:::l]1d1.1et 1113! mmmences udthin
the Stale but is eclnlpleted ab mad. Objeedve lte.l"r1'Mr1!l:l[ This principle underlies ArL 2 of the Revised Penal
judsdietfnn concerns ennduet Lhat mm men-ees aulside Code which declares that II: prnurlslnns "shaLl be
the Slate and 15 mmpleled within IT_ enfnnzed not only within Me Philippine Arehipelaga.,
but also outtlde -IJfil3 iu rlsdi-l:l1l::n.' against lhuee who:
Hors; A State has absolute, but not necessarily
e1:l:lu3ive. power m prescribe, adiudirate and enforce 1. Should commit an offense while an a Philippine
rules of conduct that lIlll.IC1.IT within 1T3 territory, ship or slcship;
without regard to the nationality of the person z. Should forge or counterfeit any coin or currency
responsible. [2 cos, zoos EAR] note of the Philippine Islands or ohligatlons and
securities issued he the Government of the
This is illustrated bl.' Art. 14 of the Clvi] Cade, thus: Philippine Islands;
'Penal laws and TJ:\nse of public securlqf and safety 3. Should be liable for ans connected with the
shall be nbligamry ul:»4:ln al] who live DT so]-num in the introduction into these islands of the obligations
Phlllppine terrltl::r5f. subject to the prlnrlples of public and securities mentioned i n t h e presiding
intlema1:ianal law and to treaty s*tll:III.Llal:lmls." number;
4. While being public officers or employees, should
GR; A Stare has criminal jurlsdirtj-nn only over commit an offense in die exercise of their
offenses committed wllhln ill lerTltar'.1.f. functions; or
5. Should comrnltanj.r of the crimes sgalnst national
XPHS: secucltyr and the law of nations, defined in Title
1. Continuing Dffenses Dne of Book Two of this Gode. l"l»-fugcriiono, 2885]
2. Am poejudlcial to the national security trr vital
interests of the State
3. Universal erlmes
4. Dffenses eoveoed by special agteemenu [this is
Certain offenses are 3121 heinous and so widely
now obsolete] Nllaelturo, Outline Revs-ewer in
condemned that any state that captures an offender
Follticol Law, p. 668]
may prosecute and punish that person on behalf of
r I I r I the lnternatl-ona] community regardless o f th e
r I|
natlonalltjr of the offender or victim or where Me
crime was committed. The perpetrator is regard as a
A State may exercise jurlsdlctinn ever ill nationals, Hosris humor generis ["eneln1.r of mankind"] [zoos
with respect to their ennduet, whether wllhin 'DT BAR]
nuclide lls I,er1'1tar.'l,f. It is based upon the nntlnn that
the link between the State and lls natlennals is This is based on Use mum of the crime, not on any
persons] one independent of Ineadan. nexus between the forum Stale and the matter under
PDLITICAL LAW
consideration. It is normally helled upon in crinllna] | r |
law context to prosecute core international crimes

sucll'L as plraqr, slave trading, genocide, crimes against It authorizes states to assert Jurisdiction over offenses
humanity, war crimes and torture. In recent years, committed against their citizens abroad. It recognizes
crimes such as hijacking of aircraft urlolation of that each state has a Jegitlmate interest in protecting
human right and terrorism, have been added to the the safety of ins citizens when they loumejr' outside
list of lnterna1:lona] crime; l'I¢'ocaorowsko_ 44 ea, national boon darla.
28181
*-'4=l-I|HIl*"H'*-1=I:*"I-5lI|[i4'4'I'|"\|I*H-
Today under the LLn11.rersalit'j,-' principle, each Staleand
e'l.-'ery Slate has lurisdietlun mer any of the
lntern.=:1:1nna] crimes L'-nmmitted by anyone anywhere.
A State should nut inquire into the legal 1.ralldltj.r of the
Q: Prior to the outbreak of wwll, Adolf Eichmann publlr: a1:13 of another Slate Dene within the Ie rT1ttlr3r
was ao Austrian h].r birth who voluoneered to work of the latter. l".l"l'rlu-:'l'11.lr'a, 2009]
for the S-el:1.lritjr Serf-*iee in Berlin. He rose through
the ranks and eventualljr occupied the position of
Referant or [swish Affairs. Ho oversaw Me
transport and deportation of lewisb persons and
explored the possibility of setting up a slave The immunity of International Governmental
jewish state in Madagascar.
Drgnlaatiuns [IG-[ls] is nut based un lnternatjcinal
customary law but derives from the terms of
Hn was captured br Israeli Security Forces in
particular treaty creating the IED. These treaties,
Argentina and handed user on the District Erfurt et
almost wlthnut exception, specify privileges and
jerusalem to stand for war crimes against immunities awdrded to the IGD which are shaped by
humanity and crimes against the jewish people.
the funct:l-un that the relevant IED is aimed to fulmt
He was convicted of all is cnunls and sentenced to
The founding treaties usually lmpclse an obligation on
deadi.
the enn1:ract:1ng parties to enact national legislatlan
granting the relevant lnternat:l-una] drganlzatidn and
Dans The District Erfurt it' Icmsalcm have
ins representatives specltlc immunities and privileges.
jurisdiction to try the case in light of the fact that
Normally, a headquarters agreement is concluded
Eichmann is a foreign national and crimes were
between 'Lhe relevant arganizadcin and its hast
committed an Iureig;n telTitur]r'!'
member State which regulates the extent of
imntunlties and privileges granted to the organ izatiun
A: YES. The principle of terrltoria] so1.-'ereignty merely
in the national terrltary. [R:'sczumws.lm, 44" Ed., 281Et]
requires t.hat the State exercises jE power to punish
within is own borders, net outside them, that subject
MUTE: The reason for Me grant of immunities and
to this restriction e~.rerglr State may exercise a wide
prhrlleges to international organizations is on avoid
discretion as to the application of its laws and the the danger of partiality and interference by the hast
Jurisdiction of Hs courts in respect of acts connnitted
country i11 their internal workings The very purpose
outside the State; and thatonl]..r Insofar as II is possible
of imnlunitj.r in acoordan-ce with international practloe
to paint la a specific rule prohibiting the exercise of
is to shield the affairs of lnternatlona] organizations
this discretion That view was based on die following
from political pressure or control by the host counb".5.r
two ground; {1] It is precisely the conceptloll of Slate
to the prejudice of member States of the organization,
sovereignty which demands the preclusion of any
and to ensure Me unhampered performance of their
presumption that there is a restriction on its functions ffallodo us. IRRI, ER. No. 186483 Moy 22,
independence; and [2] E1.-'en if it is true that the
1998. Acco1'ding]],r, If a State is not a member of a
p1'incip]e of the territorial character of criminal law is
particular international organization lt is not obliged
lirmlyr established in various States, it is no less true
under lnternatlona] law to grant immunity to that IGD.
that in almost of such States crlmlna] iurisdictlon has fiifoczorowslro, 4* Ed., 281 ill
been extended so as to embrace offenses commi'toed
outside us territory.
Q: I-[uefeng is an economist worldng with the
Asian Development Bank {AJJB]'. Hn was charged
However, in is the universal character of the crimes in
w'il:h grave oral defamation before line T-'leTE for
question which vests in every State the power to try
allegedly uttering defamatory words to his eo-
these wha- par ticipated in the preparation of such
worker. The nnTI: judge received an 'office of
crimes, and to punish them, therefore. It follows that
protocol" from the DFA stating dlat the petitioner
the Slate which prosecutes and punishes a person for
is covered brr immunity from legal process under
that offense acts solely as the organ and agent of the
Me Agreement between the ADB and the
international community and metes out punishment
Philippine Government. As a result, the judge
to the offender for his breadi of the prohibition
dismissed die cases bled against die petitioner.
intposed Br the law of nations. (Attorney-Genera! o,l"
However, upon peti ti on for certi orari and
the Eovernment of Ernst v. Elcilmnmt, Mroei' Sup. Et
mandamus before die RT-E, Me decision of the
1962]
lower court was reversed and set aside. is

I-Iuf tiring covered by immunity pro-vided under Ml: 4. Special diplomatic agent appointed by head of
agreement? the State, and,
5. En1.-'nys ceremania L
A: HD. He cannot invoke his immunity. Under the
Agreenlem, the immunity mentioned therein is not Diplnmatif rnrpi
absolute, but subset to the exeeptlon that the act was
done in "oEI"1eial r:apadt'j.-f." It is a body oonsistlng of the different diplomatic
representatives who have been accredited to the same
Slandering a person could not possibly be covered by local or receiving State. It is headed by a doyun de
'Ll'Le immunity agreement because our laws do not corps, who, by tradition, is the oldest member 'uidthin
allow the commission of a -crime, such as defamation, the highest rank Cr, in Catholic countries, the papal'
in the name of otliclal duty. It is a well-settled nr.rnclo.
principle of law that a public offldal may be liable in
his persons] pri1.-'ate capacity for whatever damage he Fuortinns of a Dipklmaljc Mission [Rn-P-Prn-H-4
may lla1.re caused be his acl done with malice or in bad 81
faith or beg.-'ond the scope of his autl'lorlt1.f or
jurisdiction. i'Li4:mg us. People, ER. No. 1286.1 Jun Lrory 1. Represent sending State In reeeltdng Stale;
28, 2s00j 2. Protect in reoei'uing State interests of sending
State and is nationals,
HUTE: Courts cannot blindly adhere and take an i n 3. Negotiate with government of receiving State:
face 'Lhe communication from the DFA that 4. Promote friendly relations between sending and
petilioneris co1.rerled be any inlnn1.Lnlty. The DFA's reeelving States and developing their eoonomlr:.
determination that 3 certain person is covered lay cultural, and sclenti tie relatio ns;
immunity is only preliminary which has no binding 5. Ascertain Br all lawful means conditions and
el'Tect in courts. x:ncAt any rote, it' has been ruled that developments in neoelvlng State and reporting
'Lhe mere in'L-'ocatlon of the lnlmunlty clause does thereon to government ofsendlng State; and,
notlps-o facto result in the dropping of the charges 15. In some eases, Represent friendly governments
[Liang vs People, ER. No. 125865, ]onus 281 2800] at their requesT_
I |. L IT1=1wp¢ of l"lpa¢l'~1nf :I 11 if\Tfrmalir Mfviinu
nigh: of Legal:inl1,' Right n r Diplomatic lntercnurse 1. Ambassadors or nuncin- aeeredlled to Heads of

State and other heads -of mlssidns of equivalent
It is the right of the state to send and receive rank;
diplomatic missions, which enables gates to carry an 2. Emmye ministers and lnremundns- aecredited to
friendly intercourse. It is g01.re]'ncd by the Vienna heads natale, and,
Convention on Diplomatic Relations f1s61,1.
3. Ehnrge d' nw[Jw- accredited to ministers of
fnrelgn affair;
The exenclse of this right is one of the most effective
ways of facilitating and jpmmoting intercourse among NUTE: The appointment of diplomats is not merely a
nations. Through the active right of sending matter of n\1.inlclpa] law because Me receiving State is
diplornatlc nepresenlatives and t'.i'Lr.\ passive right of
not dhllged to accept a representative who is a
pers'an-n nun grate to 1L Indeed, there have been cases
receiving them, States are able to deal more directly
and closely with each other in the improvement of when duly accredited diplcnnatlc representatives have
'Ll'Lelr mutual intercourse. been rejected, resulting in strained relaticaris between
the sending and receiving State.
roTE= As the right of Iegatlon is purely consensual,
the Stale is not obliged to maintain dlplomatl: .P-ETSDHE' non umm
relations with odor States.
This refers m an unreelen-me person The reeelving
If lt wan13 in, a Slate may shut itself from the rest of Stale has the right to deelave a diplomatlr: nr consular
agent a pemanu nun grain and request fm' the recall of
the world, as lapin did unti] the close of the 19"1
oenlury. that agent.
Disadvantagez A p4Jliq,r of ienladdn would hinder die 881283111111

progress of a Slate since it would be denying i13elf of
the many l:leneE13 available from 'Lhe lnternaddnal
It is a practloe of Mio States tiofooo appointing a
mnlmunitgr. particular individual to be the chief of their diplomatic
mission in order to avoid possil:l]e ombarraasmenil.
A#=pf\*'=a of Dipl4maHf lutfwrurif
It cnnslsls of two ECU:
1. Head of State,
2. Foreign secrelargr DT minister, 1. The inquiry, usually informal, addressed by the
3. Members of dll:ll1Jm.atI1: ser rice; sending Slate to the receliring Emma- regarding the
PDLITICAL LAW
acceptability of an iiidivldual to be 113 chief of extent admitted by the teceiwrjng State and
mission, and, insniar as they are connected with the
perfn mlanee of their dudes.
2. The agreement, also lnEclTmal. by hmm the
recei1.-'ing 5tale indicates la- the sending State that Privilvvl--c and lmmunirivi :If DiMnmati* I'*'lif»1inn
such verse n, would be acceptable.
1. Personal' inviolohiiity - Members of diplomatic
Dm:um.en4s Carried by Diplomatic mission shall not be liable for any form of arrest
Representatives a r :llflTIJl"lsDlTl rent,
2. Inviolahfifljf' of prwmisex - Pre mises, Ellrnlshings
1. Letter of Eredenee. It is the dnrumenl by which and means of tl'ansport shall be immune from
the envoy is accredited by the sending Slate m search, seizure, attachme nl or e1:eeu'tl-on :
the foreign State to which he is being sem; It 3. Archives olrdocirmenm shall he inviolable;
designates his rank and the general abject of his 4. Diplomatic agenls are immune from criminal,
mission, and asks that he be re1:el1.l'ed favorably civil or administrative 1fnnfrfry;
and that full credence be given to what he says an 5. Reeelvlng Slate shall protect official
behalfnfhis State. communication and o_{i'icial correspondence of
diplomatic mission;
z. Letter Patent. The appointment of 3 consul is 6. Receiving State shall ensure all members of
Llsuall!." euridenoed by a eommisslon, known diplomatic mission ,heedom of movement end
sometimes as letter patent or J'et.md"prouaS[nrl., travel;
issued by the appointing authority of the sending T. A diploniatle agent is exempted to give evader-oe
Slate and transmitted to the neeehrlng Slate as a wlbiess;
through diplornatlr: channels. Exemption from general duties and taxes
lneludlng custom duties with certain exeeptid ns,
3. Diplumalic passp-nrt aul;hl::ri2.lng the en1.r4J].r's 9. Use of Hag and emblem of sending 5tate on
travel; premises of reeeiirlng State.
4. Instructions which may include document of full XPHS:

powers authorizing him m negotiate on
extracmdirlary or spcciai business, 1. Any ren! action relating m private immovable
situated in 1:he territory of the receiving State
5. Elphers Eur secret communication with his Stare. unless the envoy holds the pmperqr in behalf of
the sending State,
l"liplf1m=ti-" immunity wnnl. ':r1_I]'-1 RAN?
2. Actions relating to succession where diplomatic
Hamm agent is ln1.ro1'.red as eJ»:e1r.'1.Ltor. administrator,
hers or legatee as a private person and not on
Dlplomatle immuniqr is essentially a political behalf of the sending State; and,
question and the courts should refuse m look beyond
the determination be' the exeeu'l:i'ue branch. 3. An action relating to any profcssionni or
commercial ncltivicjr Exercised bi' the diplomatic
This is d'Le Immunltjf granted la diplomatic agent. in the receiving Slate ounce his oMc1al
eepredenlatlves, in under to Il.1l:lhel]d their dignity as functions.
representatives of their respective States and to all-dw
them free and unhampered exenzise of their functions. Hades M waiving diulumatii: immunihi' and
[Nl:1cJ'Jum, Outline Reuiewerln FnJ'!tiel:1J'LI:1w_ p. 665] privileges
Q: Bnsi-des the head up the mission, who can eniay 1. Etpressiy b:.' the sending State: Of,
diplumaiic immunities and privileges? z. Impiiadiy, as when the person entitled la the
immunity from Juriodicitlon commences ]1t1gation
A: Diplomatic tulle DT ret:lnII.LI! which cunsism Df: in the low] eourls and therleb.§.r opens himself to
any counterclaim directly connected with the
I. Gflicial sl:afI. It is made up of the .l::'dmlm8:tm Live principal claim.
and technical p-srsslnn-el' of the missll4:m. including
these performing clerical work, and the me Arber HDTE: Waiver di immunity from juriadletian wid:
of their cespectlvc families; and, regard to civil and administrative prde-eedings she]]
nat be held to mean 1 mplled waiver of the 1 mmunlt'jl"
2. Hon-official staff. It is composed of the with rlespeet to the exeeutldn 41-fiudgiuem, for which a
household Help. such as the domestic servants, separate waiver shall be necessary.
buT.1ers. and cooks and d1au EfeLLrs employed by
the mission. Q: The US. Ambassador from the Philippines and
Me American Consul General also in Lhe
MUTE: M a rule, howeuler, dnmestlr: senramx Philippines quan'eled in Me le-hh].r of Manila Hotel
enjojr immunities and prhrlleges only to the and shot each other. ll'la_'," Philippine eourls tale
283
jurist-dietinn ever Mem fer trial and punishment 1. Eansul-General. He heads several r:uJlsuL1r
fur the crime they may have enmmitted? districts, at one excepddnally large r:mlsu]ar
distrlcl
A: The Philippine enurht can take jurisdietian over the 2. E-nnsul He is in-charge of a ma]] district or town
Ee»11.*.u1 but n o t l::l1.-'er t h e Ambassador. The or p o r t ;
Ambos :He our is immune from prnsaeeulirm for all 3. 'Ihre-cons ul. He assists the cu fouL
crimes eummitted by him whether uhieiallyr 'DT in his 4. Insular Agent. He is usually entrusted with the
private -eapa-elt§.r. The Eunsul is immune from criminal perf-drn1.=mr:e of certain E..LnlL't1 ons 111.' the consul.
preseeutlmi un;-' Eur acts eummitted by him in
connection w l d : his nffidai funetimis. Duliti of Chu'-1111'-1 [P-I"lh- Prnm-11-sul
Q: The Ambassador of State X to Me Philippines 1. Protection of the interest of the sending State
bought, in the name of his government, two and HE nationals in Uno oooeim-'ing State,
houses and lets at Forbes Park, Makati. Une house
is used as the -cbancergr and residenre of Me 2. Pmmcnd-nn of the commercial, economic, c u l t u r a l ,
ambassador, and the other as quarters for and scientific relations of the sending and
nationals of State K who are studying in the receiving States;
University ofSaotn Tomas. The Registrar of Deeds
refused to register Ute saJe and to issue Trans fer 3. Dbservatlnn of the -l:ondi1:i-cms and de1.re]-IJpmenl3
Certihcalzes of Tide in the name of State x on the in the receiving State and report the same la the
ground of the prohibition of l:he Corlsljbmtion sending Slate;
against the alienaljoo of lands in favor n-faliens. Is
his refusal jusiilied? 4. Issuance of passp-orls and other travel
document to nationals of the sending State and
A: The pnohibltion in the Constitution against visas or appropriate documents to persons
alienation of lands in fa1.ror of aliens does nut HPPl1.f to wishing to travel to the sending State; and,
alienation of the same in favor of foreign gonrernntents
to be used as chancery and nesidenee of HE diplolnatie 5. Supenrislnn and lnspectinn of 1.-'Essels and aircraft
repnesentathres. The receiving Slate is under the of the sending Stale.
oO11gat:lon to faoiiltate the acquisition of its terrltor.1.r.
in aocordanee with its laws, be the sending State of -'9n111"l'p1411 Mlrhnriw Jai Enu'4ul'4
premises net:essar],r for HE mission, or to assist the
latter in obtaining accommodation in some other way. 1. Letter patent nr letter We pmvlsisn - Which is the
Therefore, the ref1.Lsa] of the Register of Deeds to commission issued by the sending Stare, and
register the sale and to issue the Tr:r in the name of 2. Exe-qrr.rl:ltur - which is the permission given them
State X is unjustified by the receiving Slate to perform their fun:til:lns
therein.
However, in so Far as the house and lot to be used as
quarters of the nationals of Slate x who are studying
in the University of Santo Tomas are concerned, the
Register of]Ileeds correctly refused registration. Here, Emlsuls enjoy their DWTL lnlmunllies and privileges
the prohibition in ILhe co nstillltion against the transfer but not to the same extent as Muse eninyed Br the
of pro petties to parties outer than the Fill pro citizens diplnmam Like diplamals, consuls are entllled la:
or corporation E11% of the capita] of which la ow r led
br.f such citizens should O e followed. 1. Inviolability of their correspondence, archives
and other documents
Erequu Eur [1991 EAR] 2. Foeetiom of movement and travel
3. Immunltjr from Jurisdlction for acts performed
An authnrizatlnn from the recehrlng Slate admitting in their official capacity; and
t h e head of a mnsular past to the exenclse of his
4. Exemption from certain taxes and customs
functions. Thus, an appulntee cannot star: perfa-rmjng duties
his function unless the recelumg State Issues an
nxequamr to h i m Liabilities ul' Consuls
Dinlnmati M. Chu'-1l119 1. Arrest and punishment for grave offenses, and

2. Hay be required to give testimony, subject to
certain exceptions.
Thug; are I The arc not l:l:u1l:l:rncd wjUl
concerned with | pnlllica] matters and attend NUTE: Members of a ennsuTar past are under nn
Lhe pnlitica] | rather to adnlilllslratlve and ubligadan to give e1.-'idenee on the fulluwlng
relations af Stat43s Econo mn: Issues situations:
Ranks hicrucule 1. Concerning matters connected with the cxencisc

I:l}" tJ'Je irJI'l.ll n ct!an5;
PDLITICAL LAW
Z. To produce nj'l-dn! i:nrr'espm:lden~l:'e and curnespnndence DI'

d1:l-cumenm and, articles.
3. To glue euidence as expert witness with regard to
the law -of the sending State
lmmunin' -at Ro n'~:ul==Ir Flflirr-f-;

May br: co]lcd upon
As' n
TRI attend as 3
They are immune only wllh respects that part where Iwimess Mn: obliged Mn
wlmess; if declined,
the Qunsular warkis being performed. before | give evidence as a
.the wlmess.
JIU coercive measure
or penalty may be
Q: May rnnsujar uftices be subject IN court
expmp-riati0n by the receiving State?
applied.
A; vis, Eur purposes cif national defense ar public Differences in the privileges Ur immunities of
utillljl,I'. diplomatic envullrs and insular eflicers fren: the
rivil and l'rinlin=-11 illriadirrinn of the fwriirilll!
NIJTE: With respect to expropriation be the receiving snare
Stale, steps shall be taken to avoid impeding the
1. A dipiumulir -agent shall eniny immunity frcrm the
performance of consular functions, and prompt,
adequate and elfectlve compensation shall be paid Br criminal jurisdi4rtiu»n of the receiving State. Hr
the sending Stale. [Art 31 -of the Wanna' Convention on shall also enjoy immunity from i13 civil and
Eonsr.r{orRelo Lions and Optional Prtamocolsj
admlnlstlrat:l1.re iurlsdictlun; while
Diplomatic [mmunitv vs. Consular Immunity KPHS:
A run! action relating la private lmmnvable

property situated in the terrltnrjr of the
Premlses of the
recelm-'ing State, unless hr: tmlds it -in beha]f of
mission includes
the building DJ' Consular premises the sending State Eur We purpose of the
includes the mlssian,
5'-mp! parts of bulldlnp,
buildings DT parts ul
[B and the land
buildings and the b. A11 action remoting to succession [n which the
builder irvespeclive of th E
dwnershlp used ]and irnespectlve dl'
dlplomadc agent is involved as executor,
.is and
ownership used administrator, her or Ieatee as prl'uale
r-emfse till' Lhe purpose of
ex-l:Iuslvel.[.r for the person and not on behalf of the sending Slate;
the mlssinn
purposes of consular and
ineludlng the
p o st. An action reforing no any professional BF'
residence of the
comm-enciol' o'onvfl}r exercised by the
head of mlssinn.
diplomatic agent in the reeeiWng Stale
GR: The agents of
outside of his ofNelal functions. {'lm"!ennlo'
the reeelving stale
GR: The agents of Con uenlion oFDIp{omotir: Relorions, Art 31 ]
:may not enter the
the reeehrlng
consular premises.
Bn stale may not 2. A consular ojjlirer does not enjoy' immunity from
et:-tl'.}" HI enter the the criminal i'l.Lrlsdir:1:ion of the veeeiWng Slate and
KPN: Consent of the
agent' premises of the is nat amenable to Wie iurlsdlction of the iudidal
head of the consular
ufriie J`l1'li§S1'DlYI. 'DT adntinlstratlve authorities of the receiving Stale
'I`WiT post
in respect of 3r:13 performed in the eaeercise of
Cons-ent is assumed
,gsmze XPHI: Ennsent it' consular functions.
in ease of fine nr
the head of the
other disasters
mission. I-Inwever, this dues not apply in respect of a el'ui]
requiring prompt
action either:
protective action.
Consular bag shall
1. Arlsing out of a mntraet eaneluded by a consular
not be opened. It officer in which he did not enter expressly fir
may be requested
impliedllr; and,
that die bag be
As' to opened in their
2. 81.' a third party for damages arising from an
mwa- Persons] baggage presence by an
accident in the to-neivlng Slate caused b,§l.r a
ldhiligl' of a diplnmatlc au1:hdrlzed
vehicle, 1.-'essel or alrr:ralnL [I-'ienns {.'nJwennsn an
Uf agent shall nat be rel:»resental'i'ue of the
the Consular Reis Llnrls, A481 41 and 43]
bum-10.41 opened. receiving slate II
ItJ1ey have sedans
Eruunds Rlr Tcrminaljun it' Eunsular Clflirc
reason to believe . ,
that the bag eunlalns
ebieem of ether
1. Death of consular uliicer
articles, ddeumenI.s.
285
xvII. PUBLIC INTERNATIUNAL Law
2. Recall lnternat:lona] institutions should have a status which
3. Dismissal protects them against control or interference Br any
4. IiI::l1:iEeat:1an by the reeelvlng Stare to the sending one government in the performance of Eunctions for
State that it has ceased to consider as member of the effective discharge of' which they are responsible
the el::IJ'1su]ar staff to democratlcalljr constituted international bodies in
5. 'Withdrawal of his efxequatui' by the neeehring which all the nations concerned are represented; 3]
5I3LE. no couno'y should derive any national financial
6. War - outbreak -of wa.1' between his home Slate advantage Br le1."".!."'ng lisca] charges on common
and d'Le receiving State. internal:iona] funds; and 3] the lnternatlona]
organization should, as a co]]ec't:lvit§l,f of States
members, be accorded the facilities For the conduct of
lo official business customarlljr extended to eadi
Q: Trade Union of the Philippines and Allied other Br HE individual member States. The theory
Services {TUPAS'JI Filed with the Ministry at labor behind al] three propositions is said to be essentially
an d Em pl oym ent a Petition for Eertili-cation institutional in characber_
Election among thi: r a n k and file m em bers
em pl oyed by International Catholic l»'[ig;ration "II is not cldnclerned Wldi the status, digJ1I'tgl,r or
Commission {[EH[EI.l, an international organization privileges et' individuals, but with the elements of
rendering voluntary' humanitarian serrriees in the Eunctl-una] independence necessary to free
Philippines. HIT-'IC opposed the petition of TLTPA5 lnternadana] institutions from national cdntrnl and to
on the g;l\ound that it is an international enable them te- discharge their responsibilities
organization registered with the United Nations, impartiallj.r en behalf of all their members. The minn
hence, eniojrs diplomatic immunity. d'-ei.'re for these immunities i s t h e assurance of
unimpeded perid rmanee of their functions by the
Meanwhile, jin: Philippine Government and the agencies on-neemed. i"i'E'.l-fd' us. Eajfejn, ER Na. 85?58,
Ferd and Rockefeller Fnundatiens signed a Septemtren 28, 1990;
Memorandum et Understanding establishing the
lntecnatinnal Rice Research Institute [IRRIL Diplomatic re41atinns
which was intended to be an autnnnmaus,
philanthropic, tax-free, non-pmlit, nun-stnct-L These are U1e arrangement between two l:n1.1ntrJes by
nrganisaticn designed to can'y ent Me principal which each has repneselltatjves in the other on-un'IJ'3f.
objective et' cnoducting basic research no rice [Cam Midge Di:nlonni}'j
plant. IRR] has an existing If cal union, the
liapisanan fig Manggagawa at Tm: sa IRR] Diplomatic relations between States are purely by
[I-[ap-isanan',ll, which filed a petition for direct mutual consent. Before the head of mission is sent to
certification election with the [:l'[l1.E The latter the receiving State, an agreement must llrst be
dismissed Ute petition in the gr-nund that Pres. obtained. The receiving State is under no obligation to
Decree Hn. iszn conferred upon it the status Stan Pa reasons for refusing an agreement (Articles 2 and'
internatinoal nrgjanizaticn and granted it 4, 1561 I-'ienno Eon u-en son on Dipfomizltic Relations]
immunity from all civil, criminal and
administrative proceedings under Philippine Diplomatic relations are normally conducted through
laws. De IEMC and [RRI enjoy diplomatic the Head of the Stale, who may also appoint special
immunity? diplomatic agents charged with specific ceremonial or
political duties. The heads of diplomatic missions are
A: 'res P.D. 1620 is constitutional. There can be no -classified as follows:
question that dlpiomatic inll:nunltl.r has been granted
m IEME and IRRI. The grant of immunity from local 1. Ambassadors or nuncios accredited to heads of
jurisdiction to IEME and IRRI is clearly necessitated State;
b y th e ir international character and respective 2. En1.l'oys. ministers or internuncios accredited to
purposes. The oblecdve is to avoid the danger of heads of5tate, and,
partlalitj,-' and interference Br the host country in their
internal workings. The exercise of 1urlsdiction by die 3. Charges d'aEfalres accredited to ministers of
Dcpartrnent of Labor in these instances would defeat foreign a.ffa1r5. [1961 Vienna Convention an
the very' purpose of lrnrnunltg.-'. which is to shield the Diplomatic Relations]
afTalrs of international organla.at1ons. in accordance
with lnternatlona] praodce, from political pressure or fir1:111flrl'i for rp1"mfm1'inn :of dirllnmali-: rplal'innl
control be the host oountr.'l.f to the preiudlce of under municipal law mnnnnl
member States of the organization, and to ensure the
unhampered performance of their functions. ffcn-rc us 1. Reslgnalien;
£'oHe,l'o_ as No. essa Sept 2e. I990] 2. Accnmpllsh rent of the purpose;
3. Death,
HBTE: There are hasleally three propositions 4. Abrnlllinn of the ofEIL'e; and,
underlying the grant of international Immunities to 5. Removal.
international nrganizatinns. These principles,
stained in the 1L0 Meninrandum are stated Dans: 1] lirfwlmfla [nr tprn1in=ltinn =if fliplnmati-" rp1=u1nf1
PDLITICAL LAW
ul111lpr intprnallnnal My 1. No Slate can lnter1.-'ene or complain in behalf of

the Stateless person for 311 international
1. War - Duttl-ceak between the sending and the delinquency committed by another Stale in
receiving Slate, inflicting injury upon hln'L
z. .E»Fnnctiut1 of elmer the sending Stale DT the z. He cannot be expelled by Me Slate If he is
receiving Slate, and Iawfull_=,f in HE territory except on grounds of
3. Recall - Demanded by the receiving State when national secLLrltJ.r or public order. [1994 ala]
the foreign diplomat becomes p-ersnna nnrwmta 3. He cannot avail himself of the protection and
beneiiu of cidzenshlp like securing for hlmseif a
Tplrmina*i~rm M diplnmalir rplalinlls flnp'~1 in* passport or 1.rlsa and personal doc'LLn1enI3.
Iprlllinatp -'snrwllar rrlatiuni hPMPPI1 Mf11 'ivnrling
Rnd' rpfpMriu»1?itatp¢ nights of 9tartl¢"'~1'4 ptrwflw
Eonsuls belong to 3 class of State ageriln distinct from A Stateless person is not en1:ir'e]!.r without right.
that of diplomatic officers. The_=,r are nut clothed wllll protection or recourse under the Law of Nations.
diplomatic Oharacter and are not accredited to the Under the Convention in Relation to the Status of
government ol"Ll'Le country where tl'Le1.r exenclsed their Etateless Persons, the 1:ontra~L't:lng States agree to
consular functions, they deal directly wllh loco] aoeord the stateless persons within their territories
aulhorllies treatment at least as favorable as Uiat accorded their
nationals with respect to:
They do not represent their Slate in i13 relations with
foreign States and are not: intermediaries through 1. Fceedunl of cellgiun ;
whom matters of State are discussed behn-'een 2. A-ccess[: the ca LlrE;
governments Consuls look mainly after the 3. Radanlngafpmducts in Sharl supply;
commercial interest of their own Stale in the territory' 4. Elementary ed ucalinn;
of a foreign Slate. 5. Public relief and assistance;
El. Labor legislation; and,
l-lJMlufll5Millu'E£l!I»l1IMlu=ll=+.1:1..*l un- T. Snclal Security.
n; is membership in a poinjcal community with all is MUTE: The1.r also agree to accord them treatment not
concomitant rights and obligations. It is the tle that less favorable than lhataocorded to aliens generally in
binds the lnd11.rldILLal to his State, from which he can the same clrcumstanees. The Convention also
claim protection and whose laws he is obliged to obey. prohrldes for the issuance of identity papers and trade]
documents to Nie Stateless persons.
NDTE: Eitizeizlship has a more exclusive meaning in
that II applies only to certain members of the State '4r=\h1'-1='\f Ff11m~rl1in+1'i und r-r' Plliiippif1~p 1=\w1
aeenrded mere privileges than the rest of the people
who owe it alleganee. ns slgni tieanee is municipal, As a matter of law, Enundllngs are as a class, natural-
" i t internatlll:l:llaL hum citizens. Whlle the 1935 Cll:lnstitl.Ll1ll:u1's
enumeration is silent as to fcn.ln:1Iings_ there is nu
F¢'lulfip1 p H1=1l'inn=UiL"lt res1:l'1clive language which would deflnltelyr ex-clude
fnundhngs either.
It is the possession by an individual of mare than 12l-ne
naliu nalitg.-'_ It is acquired as the result of the The deliberations of the 1934 -Ennstibltlnnal
concurrent application m him of the cu-ntl11cllng [Lnnuenddn show that the framers intended
municipal laws of two ar more States claiming him as fclund]1ngs to be covered by the enumeratlnn,
Iileir national. pursuant to the amendment prnpdsed by Sr. Rafdls.
[Anne] Though the Rafnls amendment was not carried
.9'I=lrplp9in4"=aq nut, it was not because there was any dbieclridn to the
nntlnn that lpersnns of 'unknown parentage" are not
It is the cnndltinn or scams of an individual 'who is citizens but only because their number was not
either: enough to merit speeitie rnentldn.
1. Demure stateless person. Une who is stripped of Foundlings are likewise eltizens under internationa]
his nationality by their farmer government and law. The common rLhnead of the Universal Declaration
without having an nppnrt'l.Lnltg,r to acquire of I-Iulnan Rights, United Nations Convention DTL me
another; ar, Ri811r_~; of the child and the International Covenant an
E11.rll and Polities] Righls obligates the Philipplnes to
De .,i'i1'r.'M stateless person. Une 1Af!'L::1 possesses a grant nationality fnorn birth and ensure that no ehlld
11a1:il:»na]ll].r wh-use -l:l::luntr1.r dues not give him is st.ate]ess. This grant of nat:lona]il3r must be at the
pmleelinn n1.LTslde his own eeunlry and who is lime of birth, and II cannot be aecoinplished by the
enmmonljf referred to as a refugee. {.Fr'ivmtdn U'. application ofolur present naturalization laws.
r:ru1ff:u=.'l'; ER. ND. 12335 JIons 28. 1996]
Fllrthermcme, the prrindples slated in ArL 14 of the
r.n11'4rl;urf1I"p1 nfitaWr-1=anr~'-:1 [1999-I Ram 1930 Hague IE1Jn1.-'e]1tll:m in Certain 'Questions Relating
28?
to Me III:::nH11:l of Hatlnllallty Laws under w]'Lil:h a deslgnatian
foundling is presumed te- have Wie na1:iana]1t§r of die
munlry of hirda. While the Phllippjnes is nut a partl.r E1:4pn1'i=\1 l':l1.1 r:lrl'4'-r'i1rir'q -:1fTrp=\rip9
to the Hague Ce-n1.renlinn. it is a signatory to the
Unlversa] Deelaratlun an Human Rights, which 1. I: becomes binding on Me parties la L: by virtue
eEeMue]y aMrms Ari; 14 of the 1930 Hague of their ennsent; and
Convention. [Fee-Llnmnnzares v. CUr4EL.1-:LZ ER. Na
231,591 Marci! 8. 2016] 2. While treaties wilL in most eases, be written
instrument concluded between States, the term
Dactrinr* of lllr1 plihlp A11-r3iam'p applies equally to unwritten agreement and m
agreement between States and international
It states that an individual may be compelled to retain organizations and between international
his original ratio-nality notwhjnslandilig that he has organizatio:l13.
already nenouneed II under the law of another Slate
whose nationality he has acquired. Many treaties, partil:ular]1.r those it' a multilateral
nature designed to e33b115h genera] rules it' cnmmnn
Doctrine of E1'fcL'tivl: Nationality app]il:atlun. e'x_'l'Lll:lll 3 mixture of 'leglslalive'
eharaeleristles. A pm-1.rlsinn of a treatg,r may:
A perann having more than one had-nnality shall be
heated as if he had only one - either the natlnnallty of 1. Purport la codlfjr existing rules of customary law,
the 1:n1.1ntr.1"' in which he is habiruallyr and prinejpally e t . Ari; 55 of the 1982 MnvenOon an Wie law of
resident DT the nada-na]itj,r of the country with which the Sea which provides Em' the recognition of the
in the l:ireLLmstanl:es he appears to he in fact most EEZ:
elnsely i n nected. 2. Erystaliize a developing rule of law, firmly
establishing 3 legal footing a situation which has
t44JTE= Man knI:l1Am as Hnttnbnhm principle or die l:lre'irlous]],r been part of the practice of a limited
Genuinn Link D-n-l:l:rine. [International C-nr.rrt of number of States; or
jt.r5.'Lfca=, fJechr+:'nstelln of. Guatem-crJI:l, I 9 5 5 ] 3. Generate rules of law independe fitly of the
pretrlous practice of State, e.8. prohibition on the
l1¢1crriflp of lìpfmi1'1p Link threat or Lice of force in international relations.
It states Hut Mio bond of nationality must be veal and Fp='lui'-ritri [='\r '¢'a1i='li11' HI n Try=lP¢
effective in order that a State may claim a person as
iTs national for the purpose of affording him 1. Treaty-making capacity - Every Stale possesses
Oiplomatir: protection. the capacltjr to conclude treaties, as an attribute
of sovereignty;
Measures Status have taken m prevent 2. Competence of the representative concluding the
Statelessness treaty,
3. Parties must freel].r give their consent;
In the Convention on the Conflict of Nationality laws 4. Dbiectand subject matter must be lawful;
o f 1 9 3 0 , the eontraeting states agree to aeelord 5. Ratification must be in accordance with the
nationality to persons born in Meir territorjl.r who constitutional processes of the parties concerned.
would otherwise be state]ess. The Convention on the [NacNr.rro. Define Reviewer in P'l::l{itico'i I.-ow, p.
Reduction of Statelessness of 1951 provides that if the 682-6333
law of' Me eontraetlng States results in the loss of
natlonalitgr, as a oonsequenoe of marriage or Two kinds alia t r e a t e r
termination of marriage, such loss must be
eonditionai upon possession or aequlsitlon of anodier 1. law-making treaties [nnrmatlve trealiesj, and
nationalitjl.r. 2. Treaty EDHITECE
|
1 ll
I law- m=\kTrl£Irparip1 nr l»[nrm=u'i1rp Trpatirl
Thaw [2303 BAR] Tnealies which are concluded by a large number of

States for purposes Df:
A tt'eatj,r is generally detuned as agreements between
and among States, by whleh pa.1'1:1es nbllgate 1. Declaring, confirming, or deaning T.T'Lere
the m s e l ve s to att, DT refrain from acting, assuming to understanding of what the law 13 en a parrjeular
'Lhe te r m s of the treaty. subject;
2. ENpulatlng DT lajrlng dawn new general rules Fur
I-Inwefurer, u n d e r Me Vlenna 'l:II:ln'.rend-an on the Law of Ei.Lture lnternatjanal conduct; and,
Treaties {voLT]. a rneaqr has been defined as 'an 3. Creating new international institutions.
internatjanal agreement concluded between States in
written Eurm and governed by international l a w , It lays dowell rules of general Ur universal applicadan
whether emhddled in a single 1ns'l:l"l.Lment o r i n t w o o r and are intended fur Future and c1:ln'l'1nII.1lng
m o r e r e l a t e d ln5tl'1.ln1ent3 and whatever 113 particular observance.
PDLITICAL LAW
Thaw 'LTlrrnrral*'i 1. The principle up [ref consent - A slate cannot

be ].14:llund by treat'j,-' to which II has nut consented.
Resemble contracts in that they are concluded to Free consent is 1.rltal Eur 1nit:1al adnptlnn and
perform contractual rather than normative functions. subsequent development of a particular treaty 33
It usualljr concerns Me regulatlcn of a [l3l"l*D'l'l" area of it ensures that a 5tate remains in wnuul of the
practice between two States [e8_ trade agreement]. cnmmitrnents it has made under Wie relevant
Such tl'eatles may lead to the formation of genera! treaty;
lnternationa] law through the operation of the
principles governing the development of customary 2. The principle of pacts sunt servanda -
rules in the foIlo1.»'n fig ways: Literally means agreements must be k e p t
Enibodied in Arr. 26 voLT. which mates that:
1. A series of treads each of which lay down 'Every treaty in Force is binding upon the par ties
similar rules may pmduee a rule of c'|.LstdmaJ'3'- m lt and must be performed by chem in good
international law to the same effect. faith. Therefore, 3 contracting party will be held
z. A run contained in a meaty originally concluded responsible for breach of a tteatl.r.' Applies only to
between a limited number of parties may treaties which are in fonoe, not to 1n'ual1d,
subseqLLentl.'l,r be accepted or imitated as a suspended or terminated 1:l'eatles; and
general 1'ule.
3. A meaty may have emdentlaI value as to the 3. The principle of good faith - Recognized as the
existence if a rule which has crystallized into law foundation of international legal order. States
by an independent process if de1.-'eln pnlent. and non-State actors are required to cornplyr with
lilnding obligations imposed upon Uiem by
Dactrin-L* -Ni Unequal Treaties international law, iroespectlve of whether such
obligations derive from treaties, customar.'l.r rules,
Treaties which have been ilnpnsed thmu,gl'L cuerdan or any other source of international law. It is all
'DT duress Ba' a Stale of unequal character is void. encompassing as it e1.ren imposes obligations on a
[Nnchum, Elutflne Rel.-'iewerln PaUticl:ll'Lawl p. 5531 State lit the pre-ratiflcation stage.
Yivfma Cnnwnrinn -an *it Law of Trtal'ip'-= [vr.LTt It applies throughout the life of a twenty, from i t
123113881 negoliati-on, through HE performance to 1T3
termination.
The law of treaties is the body of rules which govern
what is a treaty, how lt is made and brought into Each time a State is in breath of the principle nfpattu
farce, amended, terminated, and generally operates. sunt :enrnnda it also 1.r1-nlales the p1'inr:ip]e of gtnnd
Apart from issues of J[us cozens, it is not concerned faith.
with Lhe substance of a treaty [the rlghls and
obligations created Br in, whleh is mown as treat'j.-f Essential rcquisims of a valid u-can;
law. A]t:l'Lo1.Lgh the voLT does not occupy the whole
ground of the Law of 1:l'eaties, it covers the most 1. It must be a written instrument nr instruments
lniportant areas and is the indispensable starting between nun nr more pa.1't:les,
point for any description of the law. For good reason, 2. The parties must be States within the meaning of
the V-:LT has been l:al]ed the treaty on treaties. international law {IL];
3. It must be governed by IL; and
It was adapted in May 22, 1969 and opened for 4. It must be intended in create legal nbllgatinns.
slgnaluve on Hay za, 1969. The Convention entered
bantu form an lanuary ZT, 19811. Exdusiuns
Scope of the ac LT 1. Those ooneluded between stares and other

subjects oIL;
1. Tbe it:LT sets out the law and procedure for the 2. Agreemenls not in writing; and,
making, operation, and termination of a treaty,
3. Those whld'l ave governed by the n.:a1:lonaI law
z. It does not apply to al] treaties, only these
I
between States {.d.rr. vcr. l"]. Nor is II concerned
system :chosen by the parties.
with the substance of a treaty as such. That is a
matter for the negotiating States; Usual steps in Lhc- trcanr-makingprnccss
3. The voLT as a treaty does not apply re1:l'oact1vel],r
[mfs-9.4-E31
to treaties concluded before lU entry into force.
Dnlyr rules in the '!l.F'ELT that codify or ret'Jer:t rules 1. 1'llfq;}o.titrtfon - EoJld1.u:ted by the parties to teach
of EIL apply; and an agreement on IE terms,
4. Because the =.feLT resulted from a codification 2. Saynnrure - The signing of the next of the
pmier:t. many of its rules are consistent with
instrument agreed upon by the parties;
otherwise applicable rules of EIL 3. Rori,Hctrtaon - The art by 'M'L11:h the prow sons of a
treaty are formally r:onflrmet1 and approved bl.'
Flmrlamrntnl P1'in-:inks of 1111* l.=w of Trvaliri the State;
289
HUTE: 111 our jurisdiction, the ewer M raOul is the lreaq" to the appropriate nnnsijtutianal
uestM in the President The rule of e Senate is machinery fur approval. Signature dues nal,
]inlltM only to giving at wltMaldlng its consent, nr ]'L::lw1e1.-'er. create an nbligadnn to ratlfjr.
concurrence, M the rad Ncadon.
b. In the case of a treaty which is only m beoolne
There are two constitutional prnvisluns that require bdndlng upon ratiflcatinn. acceptance or
'Lhe concurrence of the Senate DTL treaties DT approval, that treaty, unless declaratory of
internatjc-nal a,.L8J'eemen13 customary law, wll] not be enforceable against
a party untll one ofdlose seeps is taken; and
Section 21, Artlcle VII deals with treaties or
international agreements in general, in which ease, Where a 1:reatgl.r is not sl.lbJel.'t to ratlTieation.
the concurrence of a t l e a s t twin-lhlrds [2/31 of all the acceptance or aplpmhral, but a 5`tate's slgnatune
Members of the Senate is required to make the suhiect wil] signif y consent to be bound. The consent
treaty, DT lnternatjenal agreement, valid and binding of a Sta te to h e bound Hz,* a treater is expressed
in the part of the Philippines. This means it farms by t h e signature of its rg-prE5E]'l.[3[j1,r.E5 when:
part it' Fhilipplne law by virtue of uansfu rniatinn.
L The treaty prmrides that slgtialure shall
The involvement of We Senate in the 11eatJ.r-maklng have that etTeF:t:
process manlfesla the adherence of the Fhlllpplne ii. It is ntherwlse estallIis[hed that the
system of guvernnlellt to the 'pclnciple of checks and neg4:lt:Ia1:ing states were agreed that
b a l a n c e s . This indispensable partlcipatlcm of the signature shau ld have that elfeet; or
]egis]atl1.re branch bj.r way of ennellrcence pl'uvldes Me Ni. The intent11:ln of the State to glue effect
' -check" to the ratlfl-catlcin of the treaty by the tr: the signature appears from the fLLII
executive l::1'and1. p-uwers of the representative or was
expressed during the negotiations.
Iii contrast, Section 25, Art:lcleiWIll is a special
provision that applies to treaties which involve the z. Ra1:ifiration - A formal act wherebjr one Slate
presence of foocig;l'i rnilitaryr bases, trumps or facilities declares its acceptance of the terms of the treaty and
in the Philippines Under this provision, the undertakes to observe them. Ratification is used to
concurrence of the Senate is only one of the requisites describe :we distln-ct procedural acts:
to render conipiiance with the constitutional
requirements and to consider the agreement binding El. Ratification in municipal law. It is d'Le formal
on the Philippines. Section 25, Article itvI1I f1.L1'ther all of' Lho appropriate organ of Me Stale affected
requires that "foreign military bases, troops, or in accord wim national oort:ltul:lonal law.
facilities" may be allowed in the Philippines only Br
1.-'irtue of a treaty duly concurred in by t.he Senate, b. Ratification in international law. Ratlflcation is
ratified Br a majority of die votes cast in a national a procedure which brings a treaty into force for
referendum held for that purpose ir so required Br the State concerned by establishing its definitive
Congress, and recognized as such Br the other consent to be bound bi' the partic1.Llar treaty.
contracting state. {8A1".4AI' vs. Zamora, IL'F.R No. I3B5?t.il. International law is not concerned with the
Uctoher Lil 2088] requlremena of its IL*onstltut:Ional law.
4. A'cf:ess'fun - A Slate can accede to a treaty only If NDTE: Despite Me fact that a rreaq.-t may be ratified by
invited nr permitted m on in ha' the contracting n n t l r i n g mare than the signature of the neievant
parties. Such imrltatl-nn DT permisslnn is usually 5tnle's nepresenlatlve, in many cases, States insist
elven in the accession clause of tJle lreaq." llself; upon a ralifieatinn procedure eunslsling of mere
5. Exchange afinslrumenla of rat1Rr:aticln; and fnrrnal steps
6. Registratlen with We United Naduns.
P=1IiFI'==+Ii-'rN ii *vi rpI11l*rp-'l when 1mflp* Mt HI!!
TradirinrW mpIIlcl£l'i of p1mr1=*€iirL"1 -:nmfnt to a of the 'lv'ELT:
rrrana
1. A treaty provides for such consent to be
1. Signature - The Tegal effects of signature are as efxprewed by means of ratification.
fnlluws: 2. It is otherwise established that the negotlat:1ng
States were agreed that ratlflealion should be
g_ The signing of a 1:real§.' may 1'EFI1'E'33E1l1l: simply required.
an authentication of 1T3 text Where signature 3. The nepresentatlve of the State has signed the
is subject to ratlflcatlnn, acceptance nr treaty subset to ratifleatiort.
approval, signature dues nut establish consent 4. The intention of the State to sign the meaty
to be Mu no : subject to ratlfleatlon appears from the full
powers of its nepnesentadve or was expressed
HDTE: The act of signing a treaty creates an during the negotiation.
obligation of good Eal lf D]"l the part of die
signatory: m refrain from aM calculated to Accession nr adherence or adhesion
frustrate Lhe objects of the treaty and to submit
PDLITICAL LAW
Geeurs when 3 State, whleh did not participate in the The following are among the grounds causes for
negotiating and singing of the te]e1.-'ant treaty, termination of treaties:
formally aeeepls its pmvlsinns. It may occur he fane or
after a weary has entered bantu force. It is only p-nsslble 1. Expiration of the term, or withdrawn] of a party
If II is pmvlded far in We tneat'j.-', Ur If a]] the parties to in accordance with the l1"eatjl.r.
Wie treaty agree that the aeeedlng State should he 2. Extinction of one of the parties to the treaty '[.in
a]lelwed to aeleede. ease of blpart:lte treaties), when the right and
obligations under the 'treatg,r would not devolve
Q: 11 petition for m-ond'aml.Ls was ftlod in the SE to upon the Stale that may succeed the extinct State.
compel the Dfiico of the Exerutiire Secretary and 3. Mutual agreement of all the parties.
the Dopa]tnient of Foreign Affairs to transmit 4. Dlenunclation DT desistance hr one of the parties.
[even without U1-e signature of the President) Me The right to glue notice of termination or
signed copy of the Homo Statute of the withdrawal is known as the right of denunciation
Intcroaizio-nal Criminal Eourt [IEE] to the Senate of 5. Supervening lnipossibillty of perfo rnianoe.
the Philippines for ill mncuwonoe or ratification 6. Conclusion -of a subsequent inconsistent treaty
- in aocordanco with Sec. 21, Art. Vu of the 1987 between the parties.
Eoiistitutiolt. T. L-oss of' the subject matter.
8_ Material breach or =.lo]ation of the treaty.
Petitioners contend that ral:ifira1i4Jn of a treaty, 9. The application of the doctrine of rebus sic
under bath dumestir law and interuatinnal law, is stantlbus.
a [unrtinn al' the Senate. Under treaty law and 10. The outbreak of war between the parties, un]ess
rustnmary international law, the Philippines has a die treaty precisely relates to the conduct of the
ministerial duty to ratifier the Rome Statute. war.
Respundenis en the other band, argued Mat the 11. Severance of diplomatic relations, only If the
executive department has no duty to transmit the existence of such relationship is indispensable for
Rome Statute to the Senate Tor rnneuneone. the application of the treatg,r.
Decide. 12. The doctrine of jus cogent, or the emergence of a
new peremptory norm of general international
A: The power to ratify treaties does not belong to the law which renders 1.-'old any existing treaty
Senate. conflicting with such norm. Wochum, Outline
Reviewer in Political Law, p. o8r-sea;
Under the Constitution the power to ratify is vested in
the Pruident sutler,ler:t m the roneuwenee of the Senate. The House of Representatives (Hut) cannot take
The President has Me discretion even after the aetlve part in the conduct of foreign relations,
signing of the treat'j.-' b:.* Me Philippine representative particularly in entering into treaties and internationa]
whether or not to ratify a tr'eaty. The signature of the agreements. As held in UP u. Cnrrtfsa- Wright Export
represaentatlve does not signify final consent, lt is Eorporntion (2ss UP 304), it is the President alolle
rat:ll'ieat:lon that binds the state to the prtlvlslons of who can act as the representative of the nation in the
the treaty and renders it effective. conduct pf foreign affairs. Although the Senate has
the power to CDIIEIIT in treaties, the Pnesldent alone
The role of the Senate is limited -only to glaring or can negotiate treaties and Congress is powerless to
withholding 113 consent, concurrence to the intrude into Uris.
rat:IEc.at:lon. It is within the President to refuse to
submit a n-nary to the Senate or having secured ins HDTE: I-Iewefuer, if the matter lnvelves a :meaty or an
-consent for its ratification, refuse to ratio.-' 11; Such eaeecutlire agreement, the HER may pass a vesnlutinn
decision is within the competence of the President expressing is views an the matter.
aio-ne, which cannot be enero-ached by this Court via
writ of rnandanius. {Pimentel v. Eieecutiue Secretory, Pron fol du? Elirure
o n No. 158088, my 6. 2005]
It is a final act and an instrument which reeurds the
[nrp1'nrptaI'if+n fr* T1"f=\tip*= winding up of d'Le proceedings of 3 dlplamatie
ednfel'enee and usually Includes a neprdduetlun of me
A treaty shall be lnterpteteO in good faith, in tem -of treaties, ednventi-uns, relzumlnendatiems and
accordance with the ordinary meaning given to the other acts agreed upon and signed by the
terms of tile treaty in their context and in the light of pieliiputentiaries attending Use mnferenee.
1L~: objects and purposes.
[nstanees when a third State who is a nun-
Afnfnd mfnwr Hedi E4tinn -'If Trpalip'=a iienafsw man' hp hound to 11 *read
Ta amend or modlfyr pocnrlsions of the treaty, the 1. When a treaty is 3 mere farms! expiwsian of
consent of al] the parties is required. However, If customary intemai'ini7ai' law, which, as sudi is
a]lowed be Use tteat'j,r itself Mo States may modify a en En rceable tm all civilized states because of their
promrlslon only insofar as they 3.l'*E concerned. membership in the family of nations;
2. Under Art 2 of its charter, the UN she!! ensure
Tprmirlarinn=allTrpatit=a that nan-member States att in aecnrdanre with
291
the principles of the Charter so far 33 may be 4. When a State ubieeting la a reser1.fa1:llJn has not
necessary JF-br the mlrlintenance do' in te rn a trd n d l' opposed the entr.8f into fame of the twenty
peace and sectrlp1!t}". Under Art. lil!-1, nbllgatjans of l:let'uueen llaelf and the beservtng State, the
member-states shall pre1.-'all in case of conflict pmvlsinns to wmm the resuervaliun relates do
with any other into rnalimlal agreement includj fig nat apply as between the two States to the extent
these concluded vdlh nun-members; of the reservation.
3. The truly ameri may elrpressgr extend [Be benefits
to on n-sig1:latclr],r States, and lllflirial Rtvivw of Trraliri
4. Parties to appacentllr unrelated treaties may also
be linked Br the most-jiruaaed nation clause. E1.-'en after rat:IEeatlon, the Supreme Erfurt [has the
power of iudlelal review over the e::nstltu1:luna]1ty of
E1'fPf'l'i'¢'i1"¢' 1lHl'p of a 1"r'p=1"'l=' any treaty, lDT.'EI'l]3lj'l]ll3] or exel:1.11:11lre agreement and
must hear such case en bane (Sec. 5 {2 {Ij". Art I-*HL
1. In such manner and upon such date as L: may 198? Eanstitutinrq
prmrlde or as the neg-ntiating States may agree,
nr, R\11 p'4 in raw of cnnflirt hfnwvn a to-aw and a
2. Failing any such pm-1.rlsinn nr agreement, a lleat'.g,r £ll§tDI'D
enters into feree as seen as eensent to be hound
by the tneaqr has been egabllshed fur all the 1. If the treaty names after .ii particular tustam-
negntdatj fig States. treaty prevails, as between the parties to the
treaty
r44JTE= 2. If the eustace develops after the nanny- eust-nm
l:lt*e1.-'ails it being an expresslun -of a later will.
G E ; A Slate may nut invoke the fact that HE consent to
the treaty was obtained in vinlatjan nfils internal law. A in-aw nr l"nnwn1"Fnn2l nLlp rnav in* :1u=1'Pifv =re 4
l1a1"n1 nfflvi rn-1~p8¢ ¢'har=l-"tpf'
KPN: lr Lhe vi1:l»latll:m was manifest and concerned a
rule of lls internal law affundamenlal inlpnrtanoe. A twenty rule binds only States that are parties to it. In
the event that all States are parties to 3 meaty, they
A 1.rln1at:1-an 1; manifest i f i t w n u i d be nb]eel1ve1]l.r are entided m terminate DT 'u.nlt]'Ld]'aw From We treaty.
evident to any State eunduetlng llself in the matter in
acelnndance with n o r m a l practice and in good f ait h. No}TE: If a l:l'eatg,r at the time nfiT5. no nclusinn, on nfllcls
wllhjus ccgeni lt is 1.ruld. [2008 BAR]
Trow it Fyfruliw Mm-r~pmrnI [*ll1'-1 E»\F`!'

[t is a unilateral statement, however phrased or
named, made by a State, when signing, ra1:IEyin.g,
accepting, apprnvlng, or atcedin8 to a treaty, whereby
it purports to exclude ar madlty the legal etTer:t of in iI1'L'OI'l"ll*5I [TIT.l]
::i.I11.'al\-Jes: {PNP]
certain prnsftsians of the treaty in their al:+ph1:a1:lan to
t h a t S t a t e . [Art 19, tflenna Ennnrelttlnn -in the Law of
ball: pcl]i1:i4:al
l arrange-ments Df
Treaties ['II"ELT]] temporary
Issues.
nature,
3. changes In
Rwwwari on i'-z HUT applier hlt when; 3. ml:]e-mentation
n a t l n n a l policy,
of beatles and
Ms M . agreemellls [In a
1. The ieservation is pmhihited by the treaty; starred;
subject permanent
2. The treaty provides that only sjpeeifled L Iransimry
matter character.
reservations, which do not include the effectl1.rltJ,f;and
reservation in q u e s t io n , may he m a d e ; o r , 4. adjustment of
Meguimg, or al. 'i.
3. The reservation is inoornpatible with the obleet stalls carrgdng
Executive
and purpose of the treaty. gut Established
isuwetnlj'; at -ul.,
nadnnal policies
LR HE 2124216
Effects of Rnscrvaljun and -Ni Clhicctinns to and tradition;
unuary 12, 29/6)
I*r-1pf'\'=u'inn1
As to Pnrmanmit
Merely tamp .II'l.
1. Modifies, for the reserving State In is relations perm-n lJ1lEI."IZll3l:i[llZll3l
3.["l"3]1EE['l'YIEIYII3
with that other party, the provisions of the treaty Fl fi tff agneenlenls
to whlr:h the reservation relates to the extent of Ennrur It needs the It needs on
the reservation; l'£I:IE'E Uf in ncurrencc of 2,-' 3 CCI ncurrellce fl'IJLil :*r~
2. Modifies those pmurlsions to the same extent for Swim Ne of the Senate. 'QE 1Z'13.1-E.
that other party in its relations with the reserudng
State; Q: Enhanced Defense Enoperatinn agreement
3. The rleserration does not modify the provisions [EDCA] audlerixes the LT.S. miJil:ar3r forces on have
of' the o-ea'q,r for the other parties to the treaty access to and conduct activiljes within certain
Enters-e, and "Agreed Ln-ca1iun5" in the cuuntrjr. It was nut
PDLITICAL LAW
transmitted to the Senate on the Executive's M¢1:liliralinn of a rrraw

understanding that to do so we Ill] longer
necessary. Accordingly, in [one 1014, the DFA and ER: A treaty may nat be mM1Hed without the mnsenlt
the LLS. Embassy emcdlanged diplomatic notes of allthe parties.
confirming the completion of all neressarjr
internal requirements for the agreement to enter XIAN: If allowed be' the treaty llsell two states may
into force in the two countries. is the Executive ntcrdifg,-' a pmWslnn only lnsuiar as their muntrles are
branch -ofgovernlnent on rrect? concerned.
A: YES. The EDEA need nut be submitted to Use Senate llrnundi Ni llullitlr aff¢~:1'i 11g IILP -cnnlpllt of a P=lrI1f
Fur concurrence because L: is in the farm of a mere maxrnana
executive agreement, " i t a n-sary. Under Me
Ennstinutlnn, the Pnesldent is empowered to enter' 1. Corruption of a representative of a State.
into execul:i'ue agreement an foreign military bases, 'Corruption' must be a substantial influence. A
try-npfs, or Eacillties if [1] such agreement is not the small courtesy El" favor shown 111 a represenmdve
instrument that allows the entry of such, and [2] If it will be lnsuMclent
merely aims to implement an existing law nr treaty. 2. Coercion of a representative of a State. It must
be directed at the representative personally' or
EDEA is in the farm of an executive agreement since it his,l"beJ' family.
rnereljr invdl1.-'es "adiustrnenis in deralr in the 3. Coercion of a State. lr must be shown that the
inlplernentaticnt of the Mutual Defense Treaty and the conclusion of a treaty has been procured be the
lflsitlng Fumes Agreement. These 3.["'E existing treaties threat or use of force.
between the Philippines and the u.s. that have already 4. Fraud.
been cnncurned in by the Philippine Senate and have 5. Manifest violation of its internal law. The
thereh.',f met the req1.Liremen1:s of the Ennstjtutinn alleged violation of a domestic law n1ust concern
under Art :»n"III. Ser: 25. Because of the stallls of these fundamental provisions which relate to the state's
pJ'i-nr agreements, EDIEA need net: be transmitted to treaty-maklng power and must be etrident to any
the Senate. {5n3uis9 v. Executive Secretary, ER Ne. State acting by normal practice and good fai'LTL
212426, January 12, 2816] 6. Essential error. An error, whether unilateral or
mutual, m1.Lst neither concern a question of law
#\Dnlicahlp rlllwz when lhplrr' Pi cnnflirt Ilfmtrn a nor the wording of text of a treaty agreed buy the
try= w and =\=1r»mf~*=li-" lwi4lH li=1f\ parties. It must relate to a fact or sltuatlon which
was assumed at the time when a treaty was
The rule wlll depend DTI. which court is deciding. concluded and formed an essential basis of' in
consent Further, a State will not be able to claim
1. INTERNATIONAL CCIUIIT, will upMfd treaty error lfbyr HE own conduct it contributed to lt.
nb!1!lg'ntlnn In general. T. Violations of restrictions on the competence of
tile representative of a State. The restrictions on
NDTE: However, ArL 46 cif the 'JELT stares that the competence must have been notified to the
other parties.
3. A State may not lm-'oke the fact t h a t i t s
consent to be l:ound by 3 treaty has been Eruunds it' nullity which lead m nullity of a treat
expressed in 1.rlo]ation of a provision of 113 for all canwarting parties
i nt ernal l aw regarding competence to
conclude treaties as in1.ralldat:lng HE consent 1. A treaty is 1.l'uid if at the time of 1T3 conclusion it
unless that vloiadon was manifest and DDI!Hick wllh a rule ufju: miens,
concerned a rule of IM internal law of
Eundamenta] importance. 2. If a new jus' rclyens emerges, any existing nealy
b. A violation is manifest if it would be which 15 in mnflirt wllh that rule becolnes voidand
objectively evident to any State conducting terminates.
itself in the matter in accordance with
normal practice and in good faith. Emunds [nr the susuerlsilxn Ma tlrnatll.r
2.]]DHEST[C'ElI]URT A treaty may be suspended in six sltuatlans. Two of

them are:
3. Treaty vs. Eunstitutinn - The Censtltutlan 1. 1l'l.'here all vunuactlng parties agree in suspend the
wi l ] alwaj.rs prevail. up-eradnn of a peaty, at in me afil3 prnwdslnns,
b. Treaty vs. Statute - W'l'Len the two
l11.'~':trun1ents relate to the same subject, try to
2. Where to or more parties agree to suspend IM
give effect to beth; If lneansistent legal
operation temporarily between themselves
teetmlques an statutory eenslruetlrn]l would provided this is either allowed under the oe]e1.-'ant
be employed. Some of such rules say that the treaty or not prohibited.
"later in time prevails" ar that the 'specific
law prevails ever the genera]'.
NDTE: The remaining slluatians are set l::1.Lt in Articles
293
59-62 of the voLT and are the same as Eur termination rr'Il In' air' wrrrnriilui'
of a l:reat'j,r
The prlnelple of rebus so: stunrlbus eannnt be invoked
Grounds inr termination of a mean' as 3 ground for terminating -nr wilhdrawlng from a
1:l'eaty:iE:
A party in the fnllawing sitlJa1:luns has a chnlce either
to stipend 'DT teJ'nlln.ate the relevant treaty: 1. The treaty establishes a boundary; 'DT
2. The fundamental change is the result -of a breach
1. Material l:lread1 of a treaty b:.' the party ln1.-'oklng it of an obligation under the
2. Impossible for a party to perform its obligations treaty or of any oliler obligation owed to any
3. Rebus sie stnntihus' other pm-q,r to the treaty.
4. All eontTai:ting parties to an earlier tmaq.-f aw
also parties to a later treaty and the two treaties -l'I'hl4*E!1'I1-1811={=l-*i'I€b**=*Ill\'l
relate to the same subject matter.
A State may be held responsible for an lntematldnal
HUTE: Addi1:i1:»naII3r, a tveaqr can be terminated : delinquenqff, dire1:Il.'l.f nr i]1direrlrJ],f, imputable in it
which causes injury to the natjdna] of another Stale.
1. When the termination of 3 treaty is in aecnndanele Llahiluy w i ] l attach to the State where HE trea1:l'nent of
with the terms of the treatl.r. the alien falls below the international standard of
2. Parties to the relevant treaty agreed to terminate justice DT where it is remiss in according him the
the to*eat§l,r. protection DI' redress that is warranted Br the
3. Iflhe treaty is in rmnflletwllh a.l!r.rst miens rule. elreumstanees. [2l]1l] BAR]
Tcrloina1;ill:rl1 vs. Suspcnsinn NDTE: Hn government can be held responsible fer the
act at' rebellious bundles ufmen committed in vlnlatinn
When a treater is sLy:pended, it is still valid but IM of lls authnrltl.". where it is llself guilty of nu breach of
nperatldn is suspended tempdrarlly, either for all the in-nd faith. nr of DD negligence in suppressing
p a r t i e s or some of them. on the adder hand, when a lnsurrectlnn.
treaty is tem'llnated. it is on longer in fence as it has
ended i13 exlslence. E1 pmtnt'-2 of me IP Rvqru l1'~:illiTily lwml
114-"rpiHf* of F-'wit 91-" Wnwtihlvr 1. An act nr omission in violation of Internatlana]

Law
It states that a fundamental change of circumstances z. &W'ibumble m Me State
which determined the parties to accept a oeaw, if L: 3. Eauslng damage to a :hind Slate either directly Ur
has resulted in a :l'adlcaI l1'ansformat:lon of the extent i11dlre1:"H]lr to a national of the 1i\i:rd State.
df the obligations lmpdsed by it, may under certain
conditions, afford Me pazrqr affected a ground to Kinds uf5tate Responsibility'
invoke the tcrmincrtion of the treaty.-'_
1. Direct State Responsibility. Where the
The change must haw 1n4:'r'e0s'ed the burden of the internadmlal delinquency' was earnmltted by
nbligjatlans to be executed to the lament of rendering auperldr government dffhzials or organs like the
perfnrmanoe essentially diffenenl from the original ehlef of State or the natlanal ]egis]at'LLre, lialJllit'y
inten1:l::ln. will attach immediately as their aM may not be
effectively prevented or reversed under the
Requisites ul' Rebus Sir Stalntfbus' [Nut-IR, Hust- cunstiuitlan or laws of the State.
l.lR[s]
2. [ndirt-ct Stare Respunsibiliqr. 1l'l.I'here the
1. The change must not have been caused by the nf f e] i sn i s cominittnd by inf43:l'iar g-cwernment
partly [nvoklng the doctrine. nMcials DI' by private individuals. the State will
2. The doculne cannot operate Renuactlvelgg, .l'.e, it he held Mable only ir. by reason of lB indiEferenoe
must not advec5/e]3-' affect pcovislona which have i11 prove nlillg nr purdshlng II, it can be 4:l1:l-nsldered
already been complied with prLoJ' to the vital to have mnnived in effecting 1T3 commission.
change in the situation.
3. The change must have been llnfo-reaeen or Rpqui'-ritti inr the* pa{nwpmpn* of thr- dDf'1riI1p Ni
unforeseeable or the time of the perfection of the WIN Pp1lz41'1'iihi1i1'¢' [NERD
neats.
4. The doctrine must be invoked within a 1. Nationality of Wie -Claimant/The Doctrine of
Reasonab]e time. Effective Nadu nali9fThe Genuine Link Doctrine;
5. The d1.Lrati-on of the treaty must be Indefinite. z. The injured alien must Erst Exhaust all local
6. The change must be so Substantial that the remedies; and
foundation of the treaty must have altogether' 3. He must be Represented in the i11ter11atlana]
disappeared. claim Eur damages by his ECU State..
l.iMtaHnn an [hr applirarinn -of tlw llrim'irHp ni Ealvii l':l3u*ip
PDLITICAL LAW
A stipulation by which an Allen waives nr nestritts his and may help to establish the breach afdutjr; and
rightta appeal to his mm state in elnnneetiem with any 2. Mutjve and intent may be 3 sl:»er:1Ee element in
claim arising from the contract and agrees to limit des ring permitted mnduet
himself to the remedies available under the laws of
the l1:lll:al state. Rflip[ avail=hlp wlwrr 1 "it"-w Pi liahl-It. Inr an
. .
NDTE: This cannot be interpreted la deprive the
a]icn's slate of the right m protect DT vindicate his 1. Declarat-nljr relief. It refers m the declaration
interests in case they ace injured in another state, as by the court 1:1hat., as to the illegality.-' of an act,
such waiver can legally be made nut b:»' the alien but ccmstllutes a measure of sa1:lsEar:tinn ar
by his own state. repara1:1un in the broad sense;
Elements of an lnterna1:iunallll.f Wrongful Act MBI HGTE: Available when this is, or Li'Le parties deem
this, the proper way to deal with 3 dispute or
1. Act nr cimisslun is Altritiutable Lu the Slate when Wie obieel is not to give satisfaction Em' the
under lntemadana] law; and wrong neoeiued but only to recognize the ]iabliiq.-'_
2. -Ennslitutes a Breach of an international
n1:l11ga111 in of the Slate. 2. Sati§iaeI:ilI1. It refers to a measure other than
testjtuti-nn or cnmpensatlnn which an offending
NDTE: E1.rerjlr internatiunallg,-* wrongful act of a Slate Stare is bound nu take;
entails Use lnternatzicma] respnnsibllity of that Slate.
HGTE: 113 nbiecl is often eiH.her: {APT}
Acts Ur situations attributable m the State a. A11 Gulag and -other acknuwlrbdgmenl of
wrmigdning;
1. Arts of the State organs. A183 of State organs in b. Punishment afindivlduals concerned, or
their 4:apar:irj,-' pruvlded by law DT under f. Told fig DfTl'lE3§LlrE5 m prevent a 1'ecurrence.
inslructlnns of super] mrs.
3. Restitution. It involves the mrlping out of all the
2. Acts of other persons. If the group of persons consequences of the bneadi and Ne-establlshing
was in fact exercising elements of the the situation which would pmhably have existed
governmental authority in the absence or default had the act not been committed.
of the official authorities and circumstances such
as to call for the exercise of those elements of NDITE: It can either be in the form of legal
aut;ho1'it;.r. nes1:it1.llinn or spbclflc r*es'l:itutilJn.
3. ARE al' revolutionaries. Conduct of an El- Legal Restltr.rtinn is declaratlan that 311
insurreetlnnal movement which becomes the offending treaty, law, efxemlive art, as
new govern rent of a State or part of a State. agreement, is invalid.
T]1PgI'*I Ni HhiMHVP nr !qh'i1"|.- 1.i=|hi up h. 5'per:'a]I'ic Restl'tutian is a restitution in kind ar

payment of a sum corresponding lu the
With respect to slate respanslb llity, the theory value of the restitution, and the award far
provides 1d7at fault is unnecessary for State losses sustained which would Iiot be cairened
bespenslbllity to be 1 neLLrbec1. 113 requisites are: Ba* the first rwn.
1. A8nq.r,and, 4. Eamp::ns.al:innL. It is We payment of money as a

2. Casual connection between Use breach and the valuation 12l-I' the wrong Dana.
actor omission impulablo to die Slate.
MUTE: The compensation mud correspond to the
Culpa [faultl!l i'-z rplpvallt 1'u'h'u= value which restitution in kind would bear; the
award of damages for loss sustained must be that
1. The breach result from acts it' indhrlduals nut which would not be covered by restitution in
emplnyred by the mate -nr li'nm Me ar:tl1.rlties of kind or payment in place -ofit
lleenses ar trespassers an HE terJ'it1:llr.1.f,
2. A state engages in lawful at't:lvities, in which ease Pvrunianf f-:ati iiacrinn vi. Frump-mia rin n
respnnsltilllty may result from eulpu' in executing
these lawful activities;
3. Determining the amount of damages, and,
4. Due dillgenee DI' Iial:llllt§l.r far culpa is stipulated in 1 taken afregrel: and | TL: make up Ear D-l
a treaty. As en acknowledgment of | repair the damage
nature | wrnngdalng dune
Hntive [intent] is relevant when: ["ml:metarj,f snrrjl,f"]
1. The existen-me of a dellherale intent to injure may

have an effect in the remoteness of the damage or=\"*' |;HI1rprri*1¢' -of aiinlnnralil" D rntwtinn
295
When a Stale admits into its territory foreign e11ntl111:l. internal strife, sjrstemalie vlsladon of human
investments or foreign nationals, whether natural or rights, or natural or man-made disaster, a n d , w h o ave
juristle persons, it is bound to extend to them the wllhin their territory of their enunlrgr. {AnaJ'ytie:1J'
protection of the law and assumes obligations Report Ni the United' Nations' Secretary-Eenemf an
eonoerning the treatment to be afforded to them. Intemuffy DiSpiscedPersons, Fehmary 14, 1992]
These obligations, however, are neither absolute nor Prinfinlv ¢l[F~1nn-R¢*[wl1p1'l1rnt

unqualified. An essential distinction should be drawn
bEtW-EEl'1:: Poslts That a State may not deport DI' expel refugees to
the frontiers of territories where their life or freedom
1. omega sons of the Stare ttrwn.r@ the in wma tfnnai would be put in danger or at risk. [II-lo',gIo{J'ono'. 2E:*EJ'.5}.
eammunlgr as cl wNnfe - concern of all States. All
States can be held te- have a legal interest in their Q: The Humanitarian Services Society [I-ISS), an
prtnteetinn; tJ:\e].r are ebligjatinns ergga amines international nan-government nrganisatian,
assisted the displaced families it Tribe x who had
z. Dbligotions the performance as' when 0' the to flee their heme ceuntr_r in arider to escape the
subject of dipfomotic protection - cannot he held, sjtstelnatic persecution conducted against tlhern by
when one such obligation in particular is in their cuuotr].r's ruling reg joie based no their
question, in a specific case, that al] States have a cultural and religious be1ie8. Fearing fer their
legal interest in lu observance. [Case Concerning lives, scrooge el these displaced families, with the
Bon-:fiona Tracts-on, Light and Power Eompony help of HSE, were able be sail cut into the sea en a
IJmitet[, Febmorjv 5, 1999; boat which event11all].r landed in Pala van The
Philippine Coast Guard intended to push baci-L the
bciat with 15 passengers.
Any person who is outside the colun'l1'II.r of his An affiliate it' H55 in the Philippines intervened l}:l'l
nationalit§l.r
or the country -of his former habitual behalf these displaced Iamijies, claiming that the-eg'
residence because he has ar had well-founded fear of are refugees under international law and hence,
persecution by reason of his race, religion, nati onal i ty, sbeuld net be expelled from our territnrjr.
membership of a political group or political opinion
and is unable or, because of such fear, is unwilling to Hay Me displaced Iarnijies of Tribe x bl:
avail himself of the protection of the government of considered "refugees' under international law?
the country' of' his nationality, or, if he has no Explain. [2019 BAR]
nationality, to return to the countr'.rlr of his former
h a b i tu a l residence. A; IrEs, because under 'l;'l'Le 1951 Convention Relating
to Him Status of Refugees, to which the Phllippines is a
Elnmcnls [DHPM] signatory, a refugee Includes one who, as a result of
e1.-'enis and o w i n g to well-founded Fear of b e i n g
1. The person is Outside the country of his persecuted for reasons of rate, religion, nationality,
nationality, or in the case of Stateless persons, membership to a particular soda] group, or polit:lea]
outside Me eoLLntr§.r of habltuol reslOenoe, opinion, is outside the eountr1.r of his na1:lona]1t1.r and is
2. The person lacks National protection; and unable or, owing to sudi fear, is unwilling to a1.-'all
3. Th e person fears Persecution in his own country. h i m s e l fo i ' the protection of that rounrrjf.
HIDTE: The se1:1::11d element makes a refugee 3 !'.l:l:£il»#lnl»'l l1fil:"1i\rh

State]ess person.
l=»:4lll:l='l1I11f1!J
Refugees v. lntcrnallv disuIa4:cd persons
It is the surrender of' an indltridual by the stale within
Rejirgees are people who, owing in well-founded fear whose te r r i to r y he is found to the state under whose
of being petseeutetl for reasons of race, religion, l a w s h e is alleged to have edmmltted a crime or to
11atlonalitgl.r. membership of a particular soelal group have been eomfieted of a crime.
or political opinion, are outside the eounuy of his
natiorlalitjr, are unable or owing to such fear, are B=r»:i*1 -'If Fynr=\rli1i-111
l.Lnwllllng to avail themselves of the proteetlon of that
elounlr _=,r. or who not baWng a natlonalitj.-f and being The extraditlcln of a person is required only If th e re is
outside the 1:ountr.[r of Meir former habitual residence a u~ea'q,f between the State of refuge and the Slate of
as a result of such events, are unable or, owing to sur: h e rl g i n . In the absence of such near,". the local state has
feat' are unwilling to return to lt. [United Nations e'uery right to grant asylum to Me fugitive and not
Cori-u'er:n4:m Rel-r:rtll to the Status of Reltrgaes I 951 Ear. refuse m deliver him ba-cb: to the latter stale even i f he
A pon 2,l' is lLs natlclnaL As a gesture of enmity, however, the
surrender requested is may sN1I be eEl'ected be the
Whlle in temufly d'!s.pl'n4:'ed persons are these who have m a n of asylum. Furt.l'Le1'mm'e. even with a t r e a t y ,
been fenced to flee their homes, suddenly DT cri me s w h i ch are political in character are exempted.
unexpectedly in large numbers as a result of armed
PDLITICAL LAW
llI,l' l' .l 4. Upon receipt of a petition for esetradltion and its
supporting documents, the judge must study
1. Based m1 the consent of the Stare expressed in a them and make, as 5I21EI1Z1 as possll:lle. a p-r1!mo Ii:rr:ie
treaty [Ur manifested in an act of gnndwi] l]: Jli'ndln,;l' whether:
a. They are suliident in form and
z. Principle of specialty - A fLlgit:I1.-'e who is substance;
extradited may be t'rled only for the erne b. They show' oomplianee with the
speelfled in the request for extradition and Extradition Treaty and Law: and
included in the list of -olTenses in the extradition Tlhe person sought is extraditab]e.
treaty, unless the requested Slate does nut obiecl
to the trial of such person for Lhe unllsled offense At his discretion, the judge may require the
[1993 BAR] submission of further documentation or may
persunaliy examine the af1'ian'r3 and witnesses of
3. Any person may be extradited. whether he is a the petidaner. If, in spite of this study and
natinna] of the requesting Slate, of the Stale of examination, no primal ,Far's Ending is possible,
refuge DI' of another State. He need nut be a the petltidn may be dismissed at the discretion of
citizen of the req uesling State; the judge.
4. Political or religious offenders are generally not 5. am the other hand, If the presence of a prima
subject to extradition [2002 BAR). It has been facie ease is determined, Men the magistrate
held that 'in order to constitute an offense of a must immediately issue a warrant for the
political character, there must be to or mere arrest of the extradltee. who is at the same
parties in the state, each seeking to impose the lime summoned lu answer the petit-nn and
govern rent of their own choice. la appear at scheduled s1.Ln1mar.§lr hearings;
HDTE: As£e-nm: clause is a provision in an 6. Hearing [prmride counsel de njli!r:[n if

enctradidon treaty which states lhatthe murder of necessary),
the head of scale or any member of his family is
not to be regarded as a political offense and T. Appeal wllhin 1D days to the CA, whose
therefore extraditable. der:15lnrL shall be Final and Exrcutarjr;
5. The offense must have been committed within 8. Declsinn forwarded to the DFA through the
the terrlttlr.1,r of the requesting Stale or against HE DDJ: and,
interest and,
9. Indi1.-'lll:1ua] placed at the disposal of the
E. Double 4:'r.fm[ne.HI.y rufe - The ant for which the authclrities of the requesting State, which
extradition is 3uug]'Ll must be punishable in both shall Shu-ulder masts and expenses;
the rlequestlng and requested States. [1991 l
I I I I I |- I I |I | I
ADD? BAR]
Enmmnn llnr'-I in Exhrnrliti-an Exl:radilil:m vs. Dfpurtsltinn [1993 8,414
1. Failure to fulfill dual l:]'lmlnallt§r; I] Ill!

2. Pnlilical nature of the alleged erne; Elfectud i
As m Unilateral act of Me
3. Pnsslbihq of certain farms afpunlsh rent; req rest of the
nu.E.florf!y Inca] Slate.
4. Jurladjetlnn; ands Sltata of nrtgtn.
5. Cltizensh lp of We petwun in question n. Based4Ju1 nffcnscs Based un causes
ASH]
.Committed In the arising in Lhe local
':- ate of nrlgin. Stare.
Calls I. the rclu in Undnslrablc Allen
1. Flle,r'lssue request through diplomatic .If Me fl.1.gil:l'I."e II II:la.',r be departed m a
11.3
representative with : .Le sane of urlgin sane other than his
effect
l Erlminal charge and warrant of arrest; [EDs-Drigill] ECU or the State of
b. Reeltal of facts, origin. [UEU- Lucaij
Text of applleable law designating the
offense, [MP pr11rp1*1 in rvtrarlihnn u1"J:lrpprl1fu5
d. Pertinent papers; and,
e. Decision it' -ennnrjctiu n. Q: Is a refspnndnnt in an nxtraditiu-n pmcneding
untitled to notice and hearing bninre the issuance
z. The DFA forwards neq u's! to the DDJ. of a warrantaf arrnsf!
The DD] Mes petition for exl:radlllon wllh the A.:"l!"ES
RTE.
1. EM the Basis apatite Ebrtraditfan Law
29?
Under Sec. 15- of F.D. 1D6'EI', Extradition Law uses Me admitted to bail. Mnuemment of Hang Kung Sp-e4:lfl:IJ'
word "immediate" to qualify the arrest of the ..4dminllstrntllve Rqgulm':r v. El'J'0ffl:l_ ,l'r., GR. Ha 153675,
accused. I-Iearlng entails sending notLces ld the April' 19, 2099
opposing parties, rccelving facts and argument from
t]1em,and giving them time to prepare and presellt Fr*1ui'-zitri Per Hrantiuf mil in f"vl*=1rlilti-1 n l"a1p1
such facts and arpmenm Arrest subsequent m a
hearing can no longer be considered The pclsslble eactraditee must shew 1.1l:"4:ln 3 clear and
"llnnlediate." The law could not have intended the mnvlnM fig evidence Lhat:
woM as a mere sum Mulw but, on the whole, as a 1. He will nut be L' tight risk Ur EI' danger to the
means of imparting a sense of urgent,-' and ml&ness cnmmr.rmL}', and,
in the dmerminatlon of w]'Lether a warrant of arrest 2. There exist specIu'!. Fluml:lmlmlFll:m and compelling
should be issued. circumstances.
The mutt is expected mere]y to get 3 gaud first Righls of a person arrested and detained in
impresser, a prima ,Fade finding, suMcient to make 3 Hnntller state
speedy initio] determination as regards the arrest and
detention of the accused.. 1. Right to have his request complied with by the
receiving Stale to to inform the consular post of
2. On the .Elusls of the E'nns'tim'nan his condition,
2. Right to have his communication addressed to
E1.-'en Section 2 of Article III of the 1I38? Constitution the consular past forwarded Ba," the neoehrlng
does not require a nonce DT a hearing before the State aoeordingiy, and
issuance o f 3 warrant of arrest. To determine 3. Right to he informed by the competent
probable cause far the issuance of arrest warrant, the authorities of the receiving Slate without delay
Eonstltutjon Imelda requires only the examination, his rights as mentioned above.
under oath or aft3rrnatlon. of the comptafnonm and
the witnesses they mol." produce. There is no Q: is U1-e renuartivc applicaijnn 01 Ulf extradiiiun
requirement to notify and hear the accused before the peaty amounting to an expus£ l:'m Inf?
issuance of warrants of arrest; ,{U.5'. U. Puryonon, o n
No. I485?I, September24. zoner; A; nm. In wright u. Court of' Appeals ER Ha. 113213.
.august 15. /994 lt was held that the retnoacthfe
Q: Does an nxtradinuf have a right of ancnss to in: app]1r:atlon of the Treaty of Extradition does not
evidence against him? violate the prohibition against ax post facto laws. The
Ttealjir is neither a piece of criminal legislation Illlll" a
A.: lt depends. During the executive phase of an criminal pnocedura] statute. lr inerely provided far the
e:l»:traditinn proceeding, an extraditee dues not have extradition of persons wanted for offenses already
the right of access to evidence in the hands of the committed at the time the trleal].r was ratllied.
government But during Me judicial phase he had
l'5ecrera1'§l." uflustlce v. judge I.m1rl4:w. ER No. 135465, 4 'it "' I*
L
|
I I
Dctnhar Ira 2080]

lillEllilllBiBll.l1
Nature nicxtradiiiun prunccdinr;
Those inalienable and fundamental rights which ave
Extradition proceeding is sum ,gener'a'5'. It is not a essential fm' life as human beings.
orlmlna] proceeding which wi]] call into operation all
the rlghia of an accused as guaranteed by the Elll of Intcmatiunal Human Righls Law
Rlghl3.
The law which deals with the prntecljun of individuals
YM iring of a p-rliticlu [nr l1=il in pvctradirinn c=\'-wi and g"'Jlps against viula1:irJns Ba' guvernmenls of their
lnternatlnnally guaranteed rlghl3. and with the
Sec. 11, Art. II oFol.Lr -Eonstillltlon provides: "7lhe State prnmndan of there rlgh13. l[8uer;genrh4:rf]
values me dtgnay of every human person and
,guaranteed ,fun respect liar human n;gnc~;" The NDTE: International human rights are divided into 3
Philippines, therefore, has the cesponsibjlity of generations, nameljr:
protecting and promoting the right ot'e1.-'erII,r person to
liberty and duo process, ensuring that those detained 1. First ,glenemrionz uadiOonal ehrll and polllieai
or arrested can participate in the proceedings before a rig h t ;
court, to enable it to decide without delay on d ie 2. Second genemdon: eeononlie, social and cultural
legality of the detention and order' their release If right; and
justified. 3. Third .generntionz n'i.g]'Ll to peace, cle a n
em-'1nonment, self-determlnadon, common
The Philippine authdrltles are under abllgatidn to heritage of mankind, development, minority
m a k e available In every person under delentian such rigl'lt3_
remedies which safeguard their fundamental right m
liberty. These remedies include the right to be r.1 a'-:1iEra1'i fm nt l'[Ilman Rip.hr~=
PDLITICAL LAW
1. Ind11.fid1.Lal rights; and Right to an effective remedy before oourls for

z. GnI]er:1:ive rlgh13 fright in self-determlnurlnn of acts 1.rlolat:lng fundamental right»;
penpfrz; the ,permanent snuere{gnL}" near natural' 9. Right against arbitrary arrest detention Di" exile;
r8 n u rl : 8 j 10. R i g h t to a fa i r a n d public hearing by an
independent and impartial tribunal;
11. Right to be presumed innocent un1:il proven
guilty:
1. The Universal De c la ra tion -of H u m a n puers; 12. Right to privacy, Eanllly, home 1]l'
2. The International Covenant an Economlc, Soda] eorresjpondence,
and Cultural Rights; and 13. Right to freedom of movement and residence;
3. The Internatlona] E ov e na nt o:l1 Civil a nd P olitic a l right to leave any country, including one's own
Rlgh13 and 113 two Optional Protocol; and to return to one's own ClIILll1lII'jl',1
14. Right to seek and enjoy in another country
NDTE: The Phllipnplnes is a si.gr1.ator],r to the asylum from persecution; however, this may not
fntematforaal' Convention an the Frol'ectToo of the be invoked in the ease of prosecutions genuinely
Hfghts of Arr Might I-Vorlrers and' Members of Their' arising from non-political crimes or act contrary
Families. Thls i n s tr u m e n t is a multilateral tr e a ty to the principles of the United Nations;
go1.rer11ing the protection of migrant workers and 15. Right to a nationality and right against arbitrary
Eamllles. E-onduded on December 13, 1 9 9 0 , lt entered deprivation of such right;
into force on lull 1, zoos after 1:he threshold of to 16. Right to marry, entered into freely and with Eull
rat:lE},-'ing states was rleaehed in March 2 D D 3 . T h e consent, without any limitation due to race,
Committee on Mlgrant Workers [Eh-'[1l"l.I".l monllors nationality 'DT religion; enti1:led to equal ri.g]'lLs to
lmplementatlo]l of the Com.-'eJ1tloJ1 and is one of th e Carriage, during marriage and dissolution; the
s»e1.-'en UH-linked human rlghw treaty Oodles family is the natural and fundamental group of
society and is entidled to protection br soc:lety
lnwulu 411-I4-ra=4u¢l-w1-~i:Ilu4i:!41m:I»l and State.,
IT. Right to own pl'operty alone as well as in
The bash: international statement of the inalienable association with others; right against arhitral'y
rights of human beings. It is the first mmprshensdve deprivation of such property;
lnterna1:1l::na] human rlghls instrument It covers flirt! 18. Right to freedom of thought, conscience and
and ptllli1:ital rights, and economic, stacia] and tultura] religion;
rights. 19. Right to h'eedom ofopinlon and expression;
ED. R i ght to Freedom of peaceful assembly and
NDTE: Righrs edvened by UDHR are customary association; no one may be compelled to belong
lnterna1:1dna] law. Hence, even during the times when on an association I
die bill of rights under the Gu-nstltu1:i4J-n is inuperatiue, 21. Right to sullt'rage; right to take part in the
rlghln under UDI-IR remained in effeeL fRepub{ie vi government of due's co1.1n1:gl.r. directly DI' dhrough
Sandlganbuyun, G.R Ne. 184-768; Ive' 2/, 2883] representatives, right of equal public service in
ones country,
Q: Is the I.I[!Il-lR a treaty? 22. Right to socio] security;
23. Right to wnrkflabor, free choice of employment
A; run. It has no obligatory character because it was lust and favorable conditions of work right to
adopted by d'Le UN General Assembly as Resolution equal pay for equal work; right to Form arid join
21? [Ill]. As a rlesnlutlcm, it is me re ly trade unions;
rcmmmendatclry. 24. Right to rest and leisure, including reasonable
working hours and periodic holidajrs with pay;
Basic righlx gnlarantccd IW the LTDHR 25. Right to a standard of living adequate for the
health and being of one's self and his family;
1. Equality in dignltj,r and in rights; motherhood and childhood are en1:itled to specla l
Z. Everyone is entitled to all the rights and care and assistance,
freedoms in this Declaration, without distlncdon 26. Right to education; and
of any kind such as race, color, sex, language, ET. Right to freely participate in the cultural life of
religion, political or other opinion, nations] or the community, enjoy the arts and share in
social origin, property, birth or other status. Ho scienti tic advancement
distinction shall also be made on the basis of the
political or international status of a country or Under Me Declaration, e'uerj.rone is entitled to a social
territory to which a person belongs, and international order in which th e rights and
3. Right to life, liberty and security of person; freedoms in this Declaration can be fu]]],r re a lize d. The
4. Right against slavery or servitude; exercise of these r i g h t : and freedoms are subject only
5. Right against torillne or to l:rueL inhumane and to such limitations as are determined be ]aw, for the
degrading treatment or punishment; purpose of' recognition and respect of rights of others.
B. Right to be recognized everywhere as a person for public order a nd ge ne ra l weifane.
before the law;
7. Rlghtto equal protection of the law; [IH c1vlL.4r-.ID
s
I II*

It is an international ecwenant and is binding D11 the derogate from their nhllgatlnrls to the extent strlctlgr'
respeetlve state parties. It comnllls HE parties to required by the endgencies of the sltuatian.
respect the e11.rll and pnlitleal rights of individuals. It
includes the first generatlnn of human rlg]1Ll xpl~:5= There can be no derogation from the fnlinwing:
The sLLI:lst3n1:lve right lhatave treated in the l:1:l1.re]1aJ1t 1. Right to ]lfe

in Ejvi] and Pnlliical RlgMs are found in Articles 1, 2. Freedom from torture or crueL inhuman or
and El to ZT: degrading punishment
3. Freedom from slavery
1. Llfe 4. Freedom from Imprisonment for failure to fulfill
2. Llberq,-' and property a contracoua] obligation
3. Equal1'L1.f 5. Freedom from ex post focto laws
6. Right to recognition e1.fer'j,-'1.»vhere as a person
Right gllarantnc-d in the lnternatkinal Covenant before the law
on Ilivil Jud political RiE*1tQ T. Freedom of th-oug]'Lt, conscience and religion
1. Right to self-determjnatiu n; Turturc

2. Right to an eEeeEue remedy;
3. Equal right of men and women to the en1n],rment Any act by whia-1 severe pain or suffering, whether
l::t'a]1 the civil and p":lll1:ilL'al right; physical or mental, is lntentionalljf inflicted an a
4. Righrm life; person for such purposes as obtaining from hint or a
5. Nut to be subieeted to tel-rture nr m er1.LeL third person, information DI' a confession, punishing
i11h1.LmaJ1 or degrading treatment or punishment him for an acl he DT a mind person has committed DT
In particular, Freedom from medical or scientllic is suspected of having committed, or intintldatlng or
experlmentatlnn except with his enneent [1992., coercing him or a third person, or for any reason
2D1l] BAR]; based on discrtmlnacion ot'an],r kind, when such pain
6. Freedom from slavery and 5ervillLde; or suffering is lntlllcted he or at the instigation of or
T. Right to liberty and 3»eeu]'it'j,-' afpersnn; with ILhe consent or acquiescence of a public official or
B. Right to be treated with humanity and with other person acting in an official capacity. [United
respect for the inherent dignity it' the human Nations Eonventfon- against Torture and Dth-er Eruef,
person; inhuman or .Degrading Treatment or PnmtShrn-ent
9. Hd imprisonment on the ground of inahillty to fuarclag. E.||TEE['h'!\E' June pa, I so?)
fl.llfi]] a con1:rac111al obligation;
10. Right to lihertlr of mdventent and freedom to NDTE: It does not include pain or suffering a r i s i n g
choose his residence, only from, Inherent in Ur incidents] to lawful
11. Rjght t1:l» a fair and p1.Lb]11: hearing by a competent, sanctions.
independent and impartial trlhuna] established
by law; Dhligatiuuns of the Stan: Parties in the UNIITD
12. Hd one shall be held guilty of an crlmlna] offense
on account of any acl or omission which did not 1. No oxoeptional rlrcumstanoes what3oe1.-'er,
constitute a criminal oEflce. under national at w]'Let11or a state of war o r 3 throat or war, lnterool
intematidnal law, at the time when it was political instability or any other public
committed, emergency or any order from a superior offloer
13. Right to recdgnltion evergnvhene as a person or a public authority may be invoked as a
before the law; Iustlflcation of torture;
14. Right to prlvaqr;
15. Right to h'eedom of ijiought, conscience and 2. No Stale party shall expeL return ["raJI'bu[er'] at
religion; extvadlle a person to anulher State w h e r e th e r e
16. Right to freedom ofexpressi-ons; are substantial grounds fur believing that he
12. Right of peaceful assembly, would be in danger of being subjected ld lbrlure;
IE. Right of freedom of associaijon,
19. Right to marry and to found a family; 3. All a-Els of torture are uffeluses under a State
20. Right m such measures of protection as are Parqfs crlmlna] law;
required be his status as a minor, name and
nationality; 4. State Parties shall afford the greatest measure of
21. Right to pariticlpation, suffrage and access to asslslanee in eunneetlnn with 4:lvi1 prneeedlngs
public service; brought in respect of any of the offences,
22. Right to equal protection ofd'Le law, and,
23. Right of minorities to enjoy their own culture, to 5. To ensure that education and Information
profess and practice their religion and to use regarding the prohibllion against torture are fu]]],r
their own language. i11l:]1.lded on persons involved in the 1:ustod.§l.r.
i11lernog,at:lon or treatment of any individual
GR: IJ1 limes of public cmergcnq which threatens the subset to any farm of arrest, detention, or
llfc of the nation and Me Mmenc8 of which is imprisonment;
officially proc]aimM, wrtics may take measures to
PDLITICAL LAW
IS. To keep under syrstelnade review interrogation cultural right It embodies the second gnneraiun ul'
rules, instructions, methods and praedoes as well human ri8\1s.
as arrangements for the eustndyand treatment of
persons subjected to any farm of arrest, Rig pm gllarantcled thereunder
detention or imprisonment in any territory under
113 lurisdletldn, width a view to preventing any 1. Right to work [Art B]
ease of IDTDI re. 2. Right to Favorable cnnditlnns dfwnrk [Art T]
3. Right m Edrm trade Llni-nns [Art B]
T. To EIIISLLLWE a pmmpl and ml:la:rda] investigation 4. Right to social security and insurance [Art 9 ]
w1I'Leve1.-'er theme is n e a se n a b l e ground to b e l i e v e 5. Right to special assistance far families [Art 1l]]
t h a t an all of torture has been enmmitted; EL Right to adequate standard of living [Art 11]
T. Right to the highest standard if pl'lj.rsica1 and
To ensure that an individual suhiected to torture mental health [Art 12]
has the right complain and have his case ll- Right to educadan including cnmpulsclr.1.r primar.5.r
promptly and lnlpartially examined bl.' education [Arts 13 and 14]
competent authorities; 9. Right la enicq.-'rnent of cultural and sclentitlc
beneHE and international contacts [Art 15]
T o e n s u r e that the 1.rlr:tim obtains redress and has 10. Right to s t r i k e
an enferceahle right m fair and adequate 11. Right m be tree fern hunger
mmpensallun, 12. Freedom of scientific research and creatlvlt'l.f_
10. To 'E]1§lI["E that any statement established to have 'L in -i l i 4.
been made as a result of torture shall not be

invoked as evidence in any proceedings, except International I-[uma unitarian law HHL1
against a person accused of lert'l.me as evidence
that the statement was made; and, A set DF rules w1hir:h seek, for humanitarian reasons, to
limit the effects of armed l:o11tl1 ll:l; It protects persons
11. To prevent in any te1'1'itor.'l,r under lls 1urisdict:loln who are not or are no ]o-nger participating in 1:he
other acts of cruel, inhuman DT de8radlng hostilities and restricts the means and n1eT. hods of
tl'eatment or punishment which do not amount to w a r f a r e . This is used to be mown as the Laws of War
mrmne when such acts are committed by DJ' at which provides for instances when the use of armed
d'Le instigation of or with the consent of force is justifiable [jus no helium] and regulates t h e
acquiescence of a public of~:lal DT other person conduct of armed eonfliot [jus in befit.
acting in an oMclal capacitor.
lmn=11"t=mrr~ ref [1-[[
ln1*=ntp'i wllpn n 1t=tp p=r11' we rv'-lhliih its
iurisdi::1:lun over nffcnsns regarding to-rturc It is one of Me most powerful tools the inlematlona]
communlqr has at lu disposal to ensure the safety and
1. When the alfenses are committed in any territory dignity of people in times of war. It seeks to preserve
under lls iurlsdietinn or DTI. heard a ship nr a measure of humanity, with the guiding principle Lhat
aircraft registered in the Stale; e v e n in war there are limit.
2. When the alleged offender is a national tif that

Slate,
Fundamental principles of IH1.
3. When the 'urIellm was 3 national of th a t S la te 1 E
1. Parlies to armed eenfliet are prohibited f m -n 1
that State considers it app rapriate; and,
emp]u1.flng weapons DI' means of warfare t h a t
4. Where the alleged offender is present in any cause unnecessary damage Dt' excessive suffering
territnrgr under irs iurlsdielinn and it dues not (Principle of prnhihitfnn as' use vi weupnns :II a
extradite him. nature to cause supeejlhrnus anJ'r.raju nr unnecessary
s|:.rj]I'eHn.g},
Hors; Nos. 1 to 3 ace corlstdered as extraditable
offenses. In the absence of an extradition tl'eatg,r, the 2. Parties to amled eunfliet s h a l l d lis t ln g u is h
l.ll'~liI.TIEI may be considered as the legal basis for' between dnrllian p o p u l a c e li'nm -l:l::mi:lataM3 and
extradition. Sufi offenses shall be treated, Em' the s p a c e the farmer from military attacks {'.FU"lndpl'e
purpose of extradition, as if they l'La1.re been ajfdlstinctiun b e t w e e n r:[w'.Hnrls and samba EEHIEJ;
committed not only in the place in which they
-occlLLrred but also in the tecrlt-ories of the State 3. Persons Hun de combat and those wlha do not
seq ulned to establish their Jurisdiction. take part in hostilities are entitled m respect Eur
their l i v e s and their moral and physical lntegrittr.
.| I A The],r shall be protected and treated hII.Lm.a]1el],r
l _' .L Il I wllhnut any adverse distl netjan,
It is a multilateral l:reat'j,r adapted by the United 4. It is prohibited In kill 'DT injure an enemy who
Nations Genera! Assembly. It cnmmi13 13 'parties In sI I l rm n d e J ' s or who is a Hors do rnmbnr;
work Inward the granting -of economic, 3-m:1a], a n d
301
5. The wounded and the sick shall be prdtecmcd and 1. Anarchic mniicu - It 15 a slluatlon where armed
cared Em' by the party who is in custody of them. ,g;"n1.1l:*s take advantage of the weakening or
Pmteclinn shall colver medical pewnnneI, breakdnwti of the State structures in an attempt to
Establishmenls, transpuru and equipment; and. grab power; and
6. Parties who captured r:11.rilians and combatants 2. Those in which .group identity hecnmes Cr jitrcal paint
shall :MUM the ]matter's rights to life, dignity, a n d - These grn'l.Lps exclude the adversary 1;l'Lr-nugl'L "ethnic
other personal rights. cleansing" which consists in fnrcilJlj.r displacing nr
e1.-'en exterminating populations. This strengd'Lens
E*='=apntial m1l~4 nfll'lL gJ'u1.1l:' feeling to the detriment of the existing national
ldentltJ.r. ruling nut any passibillty of coexistence with
1. The parties to a conEllct must at all t:lmes -ether are ups.
distinguish between the civilian population and
co m b a t a n t s; Branches nfl]-I L
2. Neither the civilian population as a whale nor
individual civilians may be attacked, 1. LAW DF nEt4EwL It is designed m safeguard
3. Attacks may be made sole against lnllltar},r nlllital'.1,-' pers»l:m11el who are on longer taking part
objectives; i11 the fighting and people not actively
4. People who do not DT can no longer take part in partlelpating in t h e w a r .
the hostilities are entitled to respect for their
lives and for 'Lhelr physical and mental integrity E55-ence afGi:neva Ennveoljun
and must he treated 'with i1II.Lmanltgl.I'. without any
unfavorable distinction whatever; Persons not a:t:l1lre]1.r engaged in warfare should
5. I: is forbidden to klll or wound an adversary who be treated humanely.-'_ The rules apply to any
surrenders or who can no longer take part in the international armed e1:lnt11IL't, whether a declared
fighting; war El f' net.
6. Neither the parties to the conflict nor members of
their armed forces have an unlimited right to NDTE: It i11r:]1.Ldes Wie Enl lawing: pa] wounded and
choose methods and means of warfare; sick 111 the Fleld; [b] wlcllunded. sick and
or. It is forbidden to Il.l_~:,e weapons or medtods of shlpwtwecked at sea; [co prisoners nfwar; and, [ii]
warfare that are likely to cause unneoessarlr civilians.
losses and excessive suffering
8. The wounded and sick must be collected and E. [AW 'DF THE HAGLTE. It establishes the rlghla
cared for by the party to the oonfli-ct which has and obligations of belllgerenrs in the conduct -of
them in its power mllitarg.-' operations, and limit the means of
l~ledieal personnel and medical establishments, harming the enemy.
transp-orls and equipment must he spared. The
red cross DT red crescent is the distinctive sin HDTE: Belligenenls are Inhabitants of a Slate who
indicating that such persons and objects must he rise up in arms Eur the purpose of u1.-'erthruwMng
respected, and the legitimate gavernmenl
1 0. Captured comhatanls and civilians who find
themselves under the autho rltjr of the adverse Pwrsuns pruneclned under ]HL
party are entitled to respect for their lives, their
dignity, their personal rights and their political, IHL prctccts those who are not, DT on Inngcr,
religious and other convictions and must he participating in hcstilltics, such as:
protected a.ga1nst all acts of violence or reprisals;
entitled to exchange of news with their l'arnlIies 1. Elvillans;
and receive aid and enjoy basic judicial 2. Medina] and religious nlllitarj" personnel;
guarantees 3. Wounded, shipwrecked and sick cnmbatanls; and
4. P["l§D]'lE'["5 nfwar.
I4DrlliI'a1'Ff»l1 of lHl
NDTE: Rer:ug1'1i2:1ng M81r specific needs, IHL grants
IHL mm.'e]']1s in situations: women and chlldnen addi1:il::na] pmlectlnn.
1. International armed clonflictx, which involve at Eum~dMMuuuhm1HL

least Mo countries; and
2. Armed conflicts that take place in one countrl.r 1. II-IL prohibits the use of weapons which are
[such as those between a government and rebel particularly r:rLLeL or which dn null distinguish
forces). between in mb.:at:an13 and c i W h a n s .
HUTE: II-IL applies to al] parties m a i n f l i c t z. The parties to a l:a]1E]il:tare required ID:
regardless of who started it EI. Distinguish h e h l .-' e e n combatants and
1:l'u1L1ans. and to refrain from a t l 3 r : k l n g
"Hlpw" wlnflifrc mwrrd be 11111 ll'lL - c i v i l i ans ;
PDLITICAL LAW
b. Care for the wounded and sick and pmlect also p1'o1.r;lde for the
medical personnel, e s ta blis hme nt of
f. Ensure that Lhe dignity of prisoners of war committees of independent
and civilian Internees is preserved by expert charged with
allowing 1.-'islls by International Committee m o n i to r i n g their
of the Red Cross delegates. jmplementatlon. Certain
regional treaties [European
and Amer i can] also
RigQh13 Law establish human rights
n
courts.
HDTE: II-iL and Imernatmnal Human Rughis Law

.4ppIi-l:'aLicui lhereaftel' referred to as humaii rights] are
Situations farmed Applicable at :dl : :new . mmpfemenraagf. Bnd'L strive ta- prnteet the lives, health
mnflift 449. war and "'E8E-e ...i'l:n. 3 no dlgnlly of lndl'ulduals. albee from different angles.
Pr.*r'lll.i.!=s:iI.lilIl3»' uj"dem:1¢l£l'rn1
No tlemga1:i-uns are Some human rights treaties !Malli*l*Iil[=44*J=I»'¢[°['1'I'IEFIIIHII
permitted under lm. permit gcvernmems to
because lt was cnncelved derogate from certain I-Ein-:l'i4'*yp-m nt rnnflir* HE -:nntpmlll=tp~rl in RA.
'Jr eluergencyr situati runs, rights, in situations of 9851
camel armed cnntiict ubllc emer .
.';r. 1. International Armed Inflict It is benueen in
Aims in protect people `. a l l u r e d 'PT1ii1.a1.l.lr tar CI r more States, including in] llgerenl IIICEIIpaling
'who dn not take part or peacetime and appl i es to
are ne longer taidngpart e1.l'er _=.rcule. Their principal
2. ]'!fun-International Arme d Cnnliicl; It is
in hostilities. The rules goal is to protect between .gave1'11me]1tal authorities and nrganlzed
embodied in IHL lmpnse jndlviduals Erumarbltrary armed groups, Ur between sum groups within a
duties DTL 3" parties of" hehaviur b3'tTt-'T "'."n Slate.
c1:-:...jct. gc|vc111:|- Ill
HGTE: It dues nut £51-'er internal disturbances ar
_ :C
Ubtiges
rrsfquvncerasmna
states Lu lake
tenslrJJ13 such as rims, isolated and spuradlc acts
of viulense, or other Stu of a similar nature [RA
practical and legal State are bound by hums |.
995 1] .
measures, such as right law Lu aoeor |..
enacting penal national law 1l.»dd::
3. War of Na1ionaJ Liberation. It refers to an
legslatlan and international obligations.
armed st1'1.Lgg]e waged by a people through 113
di9enlinati [HL
merhnnlsllz
Implementing II1E€]13.lfl:iSMS
]ll:lerallon movement against the established
government to readth self-determination.
"re complex and, contrary. It is also used to denote conflicts in which peoples are
J IHL Lnelude regional
Fighting against eolonlal domlnatjon and Allen
systems. Superidoorgr
occupation and against ra-elsl regimes in the exercise
bodies, et. the UN
of their right of self-detern1lnat:Ion, as enshrined in
Frovldes for several Commission oo I-luolan the U.N. Charter and the Declaration of Prlnelples of
mechanisms that help its Rights [LIHEHRL are eitliei Internaljonal Law. [Protocol J', Art I4"4J}}
implelnentaliml. Hntably, Oared DD the UH Charter o;
states are required to pro1.rlded for Io spel:1EI: I | r | |
I I
ensure respect also by *"calles.
then states. Prnvislnn Is I he UNEI-IR has developed
Armed inflict under IHL and RA. 9851
aian made for inquiry mechanism of apeelal
nrueedlue, a Pmteeling : rapporteurs and working
1. "All C85ZE5 ot' declared war or any other armed
'ewer mechanism, and groups, wbose task is to
oonfliet which may arise between two ar more of
he International Fad:- monitor and report on
the I-Ilghest eontraetlng parties, even if the Slate
|ndlng Commission. In human rights situation.
of war is not relzogniz.-ed by one of them" [Geneva
addition, the -ldier by eounujr or br
ti'-onu'entaon of I949, Art. 2]. It also applies to
International Committee :1pLc. its role is to enhaoc-
armed eonHlr:t hel'w'eeJ1 the government and a
of the Red Emss [ICRC] :1e effeetlveness of the UN
rehe] or insurgent movement [Geneva Convention
is given a key rate in human rights machinery
oj'/9451, Are 31
ensuring respect far the and to build up national,
humanitarian rules. regional and international
2. Under RA 9851, lt Us any use of force or armed
eapaelty to promote and
protect human rlghm and violence between States DI a protracted armed
to disseminate human W-olenee between governmental authorities and
organized groups ar between such groups within
rights next: and
a Slate provided that it ,gives rise or may glue rise
information. Human rights
to a situation to which the Geneva Conventions of
303
12 August 1949 including their ncmlmun Ari; 3 rights law and such measures of dnmestle legislation
3PP1I,'. as may be linked. IHL does net a]JI:']1.r to sllua1:i1:»ns of
vlnlenee net amnLLn1:ing in intensity In an armed
lrlstanccs not cnvcrfd be an armed conflict [R-1-D1 ennfii-eL
It does not i]1r:]1.1de internal dismrhaorzs nr tensions Apl11i-:'=1hiliW of ml. in nrrn-illtprnal'innal =u"mp~rl
such as: canning
1. FHIJTS; IHL is intended fm' the armed Fonzes, whedler regular

2. Isolated and spnradlr: al.'13 of 1.r1 nlenQe, and Dr not, taking part in the conflict, and protects e1.rer§l,r
3. Ether acts of a similar nature. Individual or category of indlhrlduals not DI' [10 longer
aedveljr involved in the hoslillties.
Hors' de mmbu E
£.,g'.: wounded 'DT shi: Fighters; people deprived of
It remers to any person who: [a] is in the power of an tl'Lelr freed-nm as 3 result of the cnnfliel; -l:l1.l'illan
adverse party to the eontiiet; [IJ] has clearly expressed population, medical and religious personnel.
an intention to surrender; and, [12] has been rendered
Iunoonselous 'DT o t h e r w i s e ineapaeltated Br wounds or Applicable rules in nun-intnrnatilxnal armed
sickness and therefore is lneapable of defending conflict
himself provided he abstains away from anger hosrjle
act and does notattenlpt to escape {R.A 5851 ] 1. Persons taking no active part in the hostilldes,
iJlr:]1.Lding armed for ces who have laid down their
Prnnectcd persons in an armed cnnllict ar ms and t hose placed hors d'e combat be treated
humanely, without a n y adverse dist:Inetlon
1. A person wounded, sick or shipwrecked, whether founded on race, color, religion or faith, sex, birth
ci1.rlllan or ntilitary; or wealth, or any other similar eriterla. To this
2. A prisoner of war DI' any person deprived of end, the following acl: are and shall remain
liberty for reasons related to an armed eonllict prohibited at any time and any place whatsoever
3. A ci1.rll1an or any person not taking a direct part wltih respect to the ahovenlentioned persons:
or having ceased to take part in tile hostilities in
the power of tile adverse party, EL Violence to life and person, in particular
4. A person who, before the beginning of hostilities, murder of al] kinds, mutilation, cruel
was considered a stateless person or refugee treatment and torture;
under Me relevant international instrument b. Taking of hostages;
accepted by the parties to the conflict concerned Gutrages against personal d i g n i t y , in
or under the national legislation of the state of particular humiliating and degrading
refuge or state ofresldence; treatment;
5. A member of the medical personnel assigned El. The passing of sentences and the carrlrlng
exclusively tomedical purposes or to the out of executions without previous
administration of medical un13 or t o t h e Judgment pronounced bl.* a r e g u la r ly
operation of an adnlinlsl1"atlon of medi cal constituted court, affording al] the judicial
transports; or guarantees which are reoognisned as
6. A member of the neliglous personnel who is indispensable be* civilized peoples.
exclusively engaged in the work of their ministry
and attached to the armed forces of a party to the z. The wounded and sick shall be collected and
conflict lu medical units or medical transports cared far.
or non-denominational, non-combatant military
personnel carrying out lilnctions similar to NUTE: An impartial h1.LmaJ1llar1'an body, much 33 the
religious person net. Inlrrrnatimlal C-anlmittee of the Red Crass, maj.r offer
113 services m the parties to the :l:ml'1ll:l;
]'!II}TE: In these situations, the Geneva Conventions
and Additional Protocol I apply: the protection of
wounded and sick soldiers, medical pens)onncL
f a cilit ie s and equipment, wounded and sick civilian Armed conflicts In which people are lighting against
support personnel accompanying die armed forces, colonial domination and alien occupation and against
r n i l l t a r.or chaplains, and civilians who spontaneously racist regimes in the exercise of 'Lheir right to self-
take up arms to repel an in va sio n dete1'miI1ation g'Pr-otocoi .L Art. I{4.fj. These are
sometimes called 1nsILLrgencies. neNellions or wars of
independence
Basis
lnapplicabiliw ufll-[L in internal disturbance
Prntncn] Addltiunal to 1119 Geneva -Ennvendans of 12
Inlemal disuirbances and other sltuatinns of internal August 1949 and relating to 11'le Prnteclinn of 'L"lct'1ms
'uiolenoe are governed by the prnvislnns of human
PDLITICAL LAW
of International Armed Euntlicm [Pmmcnf L june B 4. Enemy public property found in the terrltbry of
19m miter belligerent at the outbreak of the hbstilhzles
is wl m certain except ons, subject in onnflscalinn.
Categories -nfWars Ni National 1.ih-craiiun
HGTE: An army of oecupatlon can only take
1. Gnlnnial on minatin n; possession of the cash, funds, and property liable
2. Allen l::eeupa1:ien; and to requlsidon belonging strledy to the State,
3. Raelsl regimes when the peoples npprewed by depots of arms, means of transport, 3't'l]l'l'E5 and
these regimes are Egluing far self-determination. supplies, and, generally, al] movable property of
the State which may be used for military
NDTE: The above listed enl.LmeJ'aliun is E:-:cLus1vE. operations. Rallway plant, land telegraphs,
telephones, steamers, and other ships, apart from
E ffeft of Lhe Prutncul eases governed by maritime law, as well as
depots of arms and, generally, all kinds of war
Armed in Diem that faLl under the categories wil] new material, even though belonging to companies or
be regarded as international armed l:l:mfllr:13 and thus to private persons, are likewise material w1'Lil:l'L
fall under the International Humanitarian Law. may serve for military operations, but they must
be restored at the eoneluslo-n of peace, and
War indemnities paid for them [Lows and Customs o,IF
it-*or on Land, Hague Hjuly 25, 1899, Art. 531
A contention between two States, 1j:\rm.L.gh their armed
Entrees, far the purpose of n1.rerpa1.~.re1'ing the other and Reprisal [1941 E481
lmpnslng suit :nndltinns of peace as the vienur
pleases. Act of self-help an the part If the injured state,
nespnnding after an unsatlslled demand to an act
ln1ra:1r'p'=.urhpn I1'»r|"pi1 al14naa*¢*d r::ml1'a]'3" to international Jaw an Me part of the
offending stale.
Under the UN Charter, the use of farce is allowed only
in :we instances, to wit A retallatorgr action against an enemy in wartime. It is
an otherwise illegal acl done in response m 3 prior
1. 111 Me merclm of the Inherent we: of self illegal act be an enemy, proportionate to the original
defense; and [19%, 2DD2, 2DD9 BAR]; and wrong and designed to on-mpel the enelnjf to desist
In pursuance of Me so-ea]]ed enmreemenr nerfnn Iron: his illegal am on the battlefield. Under such
that may he decreed' by the SMMA Cnuncjf. circumstances the law of armed eonflllzts recognizes
the otherwise i]legaI acts as legal. [The !lfnul'Hon Ease
'~`¢tppl~1 mmf- f'=1mmpn="pfum'f ref a 'War invohdng Pnatugaf and Germ one]
1. Declaratlnn of we r; E¢mdi'Eu-ns fur Lcgjlimacv ufRc'nrisal3

2. Reieetlan of an ultimatum; and
3. Gnmmissicm of an acl of force regarded by at least 1. There must have been an illegal action on the
[I ne of the parties as an act nfwar. part of the other state;
2. The.'l.r must be preceded by a request for redress
[!lc4:IaTa1:iun of War aflthe wrong,
3. The mea_=.u1'es adapted must net be excessive,
A eo-n1mLLni-catlnn by one Slate to another informing in the sense of being out of all proportion to the
the latter that the ennlilliun of peace between them vecatinn l"EE'Ei"l"Ed
has came to an end and a enndltinn of war has taken
place. Rcmrsinn r19<J1, 2010 BAR]
l.lIJ:im.alun1 It is an unfriendly act which may be taken by one slate

against anal fer. It may be in response to an
A wT1tte11 enmmu nieatldn by one State to another inte]'11atll:mall],r wrongful clnnducl DT an 1.lnE1'iendI3.r act
which Enrmulates, flnallyr and eategdrieally, Me but whim is nrmethelrsxs lawful.
demands m be fulfL]]ed if fdnzible measures are to be
averted. Any act taken in "retaliation where the a1:13
complained of do not oonotimte a legal ground of
E ffefls of the Dulhreak nllWar offence but are rather in the nature of u11f1'ieJ1d]],f am
but indirectly hurtful to other states." [Fernwieh, 532
1. Laws of peace are superseded by the laws of war; 33 cited in Cruz, 2000]
z. Diplomatic and consular relations between the
belligerents are te1'nli11ated ; Elnmrnrsi
3. Treatles of political nature are automatically
cancelled, but those which .are precls)el],r intended 1. It is unfriendly;
to operate during war such as one regulating the 2. It is ]awfu]; and
conduct of hostilities, are activated; and 3. It is remedial in Cha racker
305
Because the acl is Iegltimate, on respensibi lltjr is The suspension of hns1:ili1:ies within a cerlajn area or
engaged in international law, and the state taking the in the entire regular of Wie war, agreed upon by the
retarsien has a wide discretion as to what unh'iend]l.r belligerent. usually far the purple of arranging the
at:t:l-ans it may implement, and to what extent terms of the peace.
[Wallace-Bmee, The .Settlement of Innematfunul
D8'putes. The £'ontrihut[nn of Austmfln and New »*.rmi'~11-irt vi. How-rniinn of .élrmi
Eeafani 1993;
Tests in determining the cncmv character of

Political l24-'[jlutary
purpose
1. Nationality test. The gauge Is 'if 014' are Usually
nationals of thr: other belligenenl, wherever they -»
May be oral.
may l:le';
0n]y by the
2. Dnmieiliary test. If they are dunlleiled aliens in AS m who
mmmanders-1n-
the terrlle»1'3-' of Lhe Miner l:le]]lgerent, an the may May be concluded
chief
assunlptjun that they euntdbute to us E"EDTl'IIllYI1i.E by the local
it Jil' commanders.
resources, Imelllgenenl
envcrnmnnts
3. Activities test. If, being foreigners, they
nevertheless paJti1:ipate in the hostilities in fairer
of the other bellige re:llt; £;:as::En:
4. Territorial nr Commercial Dumicih: Test. ]n An 1.Lnoonditlona] stoppage of all hostilities Lisually

matters ]'EyE["[":i fig to Ecanrnmic warfare; and, ordered by an international body like the United
Nations Seeurlly -Connell for the purpose ofemplogrlng
5. Eonirnlling Interest Test. This test is applied to pea-oeful means -of settling the differences ben-seen the
corporation in addition to the place of belligerents.
incorporation test A torporaion is considered as
enemy If lt [a] is incorporated in an enemy It:u-:L
terrltoly, and [IJ] is eontmlled by indlvtduals
bearing enemy character. Enmelimr-s used interchangeably with armlslice but is
now generally regarded as 3 ceasefire wadi mnditinns
alJl:ai:hed.
Parties to an armed conflict must at al] times

distinguish between civilian and military targets and
that all milllary operations should only be directed at The surrender of milllary forces, places nr districts, in
military targets acrurdance with the rules of military honor.
Participanls in war Basic prinriplti that l111-'ltr1i¢' fluI multi of warfare
1. Eambaeants. These are these who engage 1. The Principle of military Heeessity. The
dine-l:Uj.r and legally en1:itled to partake in beiilgerent may employ any amount of free to
hes*tlli1:ies. europe] the complete submisslnn of the enemy
2. Neo-cnm batanui. Dn the other hand, these ave with the least pnssibie loss of lives, time and
n11:lne3-'_
these who du not engage in such hestllitles, such
as women and child rerL
NDTE: Under RA. 9851, it is the necessity of
employing measures which is indispensable to
aehleve a legitimate aim of the conflict and nut
Any person who does not belong m 812 armed forces prohibited by IHL
and who is 11l::1 a combatant
Z. The Principle of I-Iumanitjr. It prohlblls the use
r44JTE= In ease u-fdnuht whether a perecm is a eivillan of any l11E3SILll"E that is nut absolutely necessary
Ur nn-I, that person shall be considered as 3 civilian. for the purpose of the war, such as the poisoning
of wells. destruction of works of art and pmperqr
devoted to religious or hu manllarian p1.L1'poses.
ill'-=l:1pn*=inn of »\rm1
A temporary cessation of hostilities by agreement of 3. The Principle of Chivalry. It prohibits die

'the local commanders for such purposes as the belligerent.; from the employment of treaehemus
gathering of the wounded and the burial of the dead. nietlinds in die conduct of hostilities, such as the
illegal use of Red Emfs emblems.
311]-E
202 1 EDLDEN NIJTES
PDLITICAL LAW
4. The Principle Ni Prupnrtinnality. The legal use Each of the bclligercnm 15 cntllled to the territory and
at' farce whereby belligerent; must make sure p-rclperl'j,r which it had pnssesslnn 0E at the
that harm caused to civilians or civilian property commencement of the war.
is not excessive in nelatidn m the concrete and
direct military advantage from an anticipated Fllfp*4'Fplp1r=lnr-r nfrhf P=w-:=1gp WIFI A Hn '*'1'-11
attadc or by an attaeken military nbJect:l1.re.
RA. He. 9851 Ur the Philippine Act III]"l Crimes Against
Q: How is war terminated* International Humanitarian Law, Genocide, and Either
Crimes Against Humanity mandates beth the Slate
A: Wars may be terminated by any of the fullnwlngz and non-state armed gm.-ups ld observe international
humanitarian law standal'-ds and glues the 'urletinls of
1. Slmple cessatlcan of hclsliLilies. '.1ni1i1rJ1.Lt the war-crimes, genocide and crimes against humanity
cn11c]1.Lsinn cl-faformal tnzaty; legal recdu ree.
2. Treaty of peace;
3. Unilateral declaratlcm; and, Etllniidll
4. The complete submisslcm and sl.1l:l1LLga1:lcln of
one of the l:l-elligerenls. fullnwed bl.' a dictated 1. Any of the falluwlng anis 1.»~dth intent to de5tm1.r.
treacle." 'Df peace DT a11nexa1:i1:l»n 'Elf ccmquered in whale or in part, a national, Bulimic, racial,
terrlmry.. religious, social or any other similar stable and
permanent group such as:
Pnltlimill'illm
3. Killing bf members bf the group;
It 1n1pl::lrl3 the relnstatemenl of the auth-nrlly -of the b. ['a1.l.slng serlbus bddi]1.r or mental harm to
displaced gnverllnlent once cunnul of the enemy is members bfrLhe group;
lost over the lerritar.='r al7er:ted E. Dellberalely inflicting an the gvcup
cbndidbns of life calculated to bring about
Is that in which persons or thing taken by the enemy HE phjrslcal destructlbn in whole DT in part;
are nesnoned ta- the former state on coming actually d. Impbslng measure intended to pneuent
into the power of the nation to which they belong. births wllhln the group; and
Fbrclblyr transferring children of the group
»*wnlicarinn of 1hr- Frim'i|11r of Fnifllruirlium [1979 [1]anbthei' gm-u P.
Haul
2. Directly' and publicly inciting :Miens to summit
WTLere the territory of one belligerent State is genocide {R..4. 9851]
at:elLLp:ied 111.' the enemy during war, the legitimate
gu1.re1'11ment is nulled from autlmritj,-'_ When the NIJTE: Gennclde may be cummiurd either during war
belligerent neeupa1:lnn ceases to he effef:tl1.re, the DI' armed r:511Hjr:1 'DT in times of peace.
aulhn rltjr of the legiltlmate government is
aulnnlatlcally gestured, together with all 1T3 laws, by
vlad tue of the jus p4:rst{lmlmum.
It means grave breaches of the Geneva Cunt-'entlnns of
Frinciulc of Uri Pnssidftis August 13, 1949, wldch are any of t he am
enumerated under Article E at the IEC Statute against
LiteralI.'l.r translated as "is our: passes; thus may you persons Dt" prnpertg.-' protected under the prmrlsinns of
possess," this principle it' customary lnternatlclnal law the re]e1.-'ant Eun1.-'entlcu1:
enables a belligerent party to claim territur]..f Mat it
has aequlned by war. 1. Namelyr, any of the fallnwlng acts against persons
[I r pmperqr protected:
Iii aft B»PHUN1 [law in Ihr- lT1P of Ffrrrv)
El- wlllfun l-dlling;
Literally translated as "right to war," it seeks to limit b. Torture or inhuman treatment, including
resort to force between Stale; States must refrain biological experirnentn;
from the Lhneat DI' use of farce against the terrlmrlal E. Wlllfullyr causing great sul:|ferlng, or serious
lntegritgr Ur puljtlcal independence of another state. injury to body at health;
fun Ranter, an 2, par. 4.1 d. E1-:nensltfe destruct:lon and appropriation of
property not justified by rnilltary necessity
XPHS: and carried out unlawfully alto wantonly,
1- Self-defense, or Wlllfullyr depriving a prisoner of war or
E- Fe»ll::lwlng a declslnn adopted by 1312 UN Semrlqr other protected person of the rights of fair
Mu nr.'1l under Chapter Vu of the UN Eharter. and regular trial;
f. Arl:litra.1'y deportation or EordOle l:ransfer of
Slams Elm Ante Helium [the situation as it existed population or unlawful conlinernent;
hrfnrv Igor* wall g. Taking hostages;
38?
h. Compelling a prisoner of war DT other the knowledge that such attack will cause
protected person to serve in die Eoroes of a excessive lass of life, iniur'j,r to dirllians or
hostile power; and damage to ctl1.rl]1an objects, and causing death
Unjustifiable delay in the repatriation of at serious injury to body at health :
prisoners of war or other protected persons. 8 Attacking or bomOarding, by whatever
means, towns, villages, dwellings or
2. In caseof non-International orrrred naruto-n, Oulldlngs which El.['*E undefended and which
serious violation of common Art 3 to the four are not nll]1tarl.r objectives, or making non-
Geneva Conventions of August 12 1949, namely defended localities or demilitarized zones
any of die following acts committed against the object of attack;
persons taking no active part in the hostil ties, h. Killing DI wounding a person in the
including members of the armed forces who have knowledge that he,r'she is hors de combat,
laid dawn their arms and these placed hors de including a combatant who, ]'La1.r1 fig laid
combat by slekness wounds, detention or any down h1s,l\']'Ler arms no longer having means
other cause: of defense, has surrendered at dlscreti-on,
Making improper use of a flag of truce, of die
EI. "l.i'lolenoe la life and person, in particular, Flag or the military insignia and uniform of
willful killings, mutilation, cruel treatment the enemy or of t.he United Nations, as well
and torture, as of the distinctive emblems of the Geneva
b-. Cominltting outrages upon persons] dignity, Conventions or other protective signs under
in particular humiliating and degrading the Internatlona] Hu manltarlan Law,
treatment; resulting in death, serious personal iniu1y or
:_ Taking of hostages; and capture;
d. The passing of sentences and the carryrlng i. Intentionally directing attacks against
out of executlons without previous judgment hulldlngs dedicated to religion, education,
pronounced be a regularly constituted court, art, science, or charitable purposes, historic
affording all Judicial guarantees which are monuments, hospitals and places where the
generally reoognlzed as indispensable. sick and wounded are collected, provided
that they are not m1 lltary obiectires.
3. IEl1j1et' serleus 1lrl1Jla11erLs of the laws and eutums IL 5ul:l1ec1:1ng persons who are in the power of
applicable in the armed conflict wllhin the an adverse party to physical mutilation or to
established framework of international law, medical or scientific atperimenta of any
namely: kind, or to removal of tissue or organs for
transplantation, which are neither justified
3. Intentionally directing attacks against the Br the tnedlcal, dental or hospital treatl'nent
civilian population as such or against of the person concerned not carried out in
individual civilians not taking direct part in his fher interest, and which cause death to or
hostilities; seriously endanger the healdi of such person
b. Intentionally directing attacks against or persons,
civilian objects, that is, ohlects which are not I. Killing wounding or capturing an adversary
militar]..r objectives; Br resort to perlldy;
Intentionally directing attacks against
buildings, material, medical units and NIIITE: Poajdy - A combatant's conduct drat
transport, and personnel using the eneates the impnresslon that an ad'uersar.3,r is
distinctive enihleins of Additional Protocol II entided m, or is obliged to accord protection
in conformity with lnternat:lonal law; under international law when in fart the
d. Intentionally directing attacks against conduct is use to gain an advantage [8J'04:'l:8.'
personnel, installations, nlatel'iai, units or Low D2r:tion.l:njl"'.
vehicles involved in a humanitarian
assistance or peacekeeping mission in nL Declaring that no quarter will be given;
accordance with the Charter of the United n. Destrisylng nr seizing d'Le enemy*'s property
Nations as long as they are entitled to the unless such destrucddn 'DT seizure is
protection .given to civilians or civilian lmperatlvelyr demanded by the necessities of
oOiects under the international law of arincd war,
conflict; Plllaglng a town DI' place, even when taken
E. Launching an attack in the knowledge that Br assault;
such attack will cause incidental loss of life p. Glrderlng the displacement of dhe civilian
or injury to civilians or damage to civilian pcipuladdn for reasons related In the
objects or widespread long-term and severe Cd-nlllicl. unless the security of the cimrlllans
damage to the natural environment which ln1.r-dl=.red nr lmperadve mllllar.5.r reasons sn
would he excessive iii relation to the demand;
concrete and d1 sect nlilltar .v advantage q. Transferring, directly or lndlrecllJ,r. Br
anticipated; dccupyrlng power of Paris of 113 own civilian
l.aILLnd11ng an attack against works or pclpuladdn into the territory it occupies, or
installations :containing dangerous forces iii the depdrtalinn or transfer of al] DJ' Paris of
PDLITICAL LAW
the population of the occupied te1'1'itor.v 1. Murder

width DT ounide this territory; 2. Elctermlnallon,
Eommitdng outrages upon personal dignity, 3. Enslavemeni;
in particular, humiliating and degrading 4. Arbitrary deportation or forcible transfer of
treatment, population;
Eommitdng rape, sexual slavery, enforced 5. Imprisonment or other severe deprivation of
prostitution, forced pregttanqf, enforced physical liberty in violation of fundamental rules
steJ'1li2.at:l-on, or any other form of sexual of international law;
`!l!'i.lII]E]ll'IE', 6. Torture,
r_ Llt'ili2.ing the presence pf a civlljan ar other T. Rape, sexual slavery, enforced prostitution,
proteeoed person to render certain points, forced pregnancy, enforced sterllieatlon or any
areas pr m1lltar],r forces immune from other form of sexual violence of comparable
military operations; gravity;
LL Intent:1onall1.r using starvat:1on of elvllians as ll- Persecution against any identifiable group or
a method of warfare by depriving them -of collectimrlty on political, raciaL national, etl'Lnlc.
objects indispensable to their survival, cultural, religious, gender, sexual orientation
including wlllfullyr impending nellef supplies; other grounds that are universally recognized as
In an international armed conflict impermissible under international law,
-compelling the nat:l-onals of the hostile party' 9. Enforced or involuntary disappearance of
to take part in due ope radons ofwai' directed persons,
against their own country, even if the.',r were 10. Apartheid; a no
in the belligerent's sendce before the 11. Either inhumane acts of similar character
coinntencentent of the war; intentionally causing great suffering, or serious
w. In an internatlonai armed conflict, declaring injury to body or to mental or physical health.
abolished, suspended or rad m1sslb]e in a ran 985I}
court of law the rights and actions of the
nationals of the bostlle party;
H. Co m:rnitd fig any of the following acts:
1. Ennscrlptlng, enlisting DT necrulling 1. The protection of persons who are not, ar are no
children under the age of 15 drears i]110 longer, participating in hostilities,
the naddnal armed forces, 2. Soldiers who surrender or who are .ltorsde combat
ii. Ennscrlptlng, enlisting, or recruiting are entided to respect for their lives and their
children under the age of 18 §l.rears into moral and physical lntrlty. It is forbidden to kill
an armed force Ur group other than the or lnll.Lre them;
national armed forces, and 3. The wounded and sick must be collected and
Ni. Using children under the age of 18 3.-tears cared for Br Me party to the conflict which has
m participate activellr in hnst'lLities; them in us power. Protection also covers medical
personnel, establishments, transports and
y. Employing :means of warfare which are equ:ipln1enL The emblem of the red cross. red
l;:1'nhiblled under lnternatiana] law, such as: crescent or red crystal is the sign of such
protection and must be respected,
L Polson or poisoned weapons, 4. Captured combatant are entlded to respect For
ii. Asphyodatlng, wlsonow or other gases, their lives, dignity, personal rights and
and all analogous liquids, materials or comrletions. They must be protected against all
devices, acts of vlolenee and reprisals. They must have the
li. Bullets which expand or flatten easll.',f in right to correspond with thelr families and to
the hum a n body, such as bullets with receive relief;
hard envelopes which do not entirely 5. Civilians under the auth-nritv of 3 party to the
cover the core or are pierced with nnnfllct or an dccupyrlng power of which they are
incisions, and not nationals are entitled to respect fur their lives,
iv. Weapons, projectiles and Jnaterlal and dignity, personal rights and cnnvictlnns;
Jnethods of warfare which are of the 6. Everjrnne must be entitled to benefit from
nature 111 cause superfluous injury or fundamental 1udicial guarantees. No one must be
unnecessary suflRerlng or which are sentenced without pnevlnus judgment prnnaunced
inherently indlscrlntlnate in violation of by a reg1.Llarl1.r on restituted -ccnlrt;
the international law of armed oontlicl. T. Hel DDE must be held responsible for an act be has
{R.A.5IE.5I] not cdntrnltted No one must be subjected to
physical Dl' mental t'IJI'llITE, cnrpnral punishment
"Utlwr rlrimp'~1 H"zair1if hum=mint" =r-:irlr- *mm war Ell" cruel nr degrading treatment;
-rrimti and p,pflnrirlp lmrltr RA 9451 E. The right of parties to an armed conflict: to effuse
methods and means al' warfare is not unlimited;
any of the following ar:l3 when committed as part of a 9. Partles to a cdnfllct and members of their armed
widespread ar s1.ratematll: attack djnected against any farces do net have an unlimited chciice of metl1-bds
civilian pnpulatinn, with knowledge aflhe attack: and means of warfare. It is prnhlbited to entplny
309
weapons or methods of' warfare of a nature m
cause unnecessary losses DI' excessive suffering,
and Those lawfu] eanlbalams who have fallen into the
10. Parties m a conillet must at all limes distinguish power of the enemy.
between the civilian population and r:oml:latan13 in
o:rde1' to spare civilian population and property. Fi»=ht'4 1n='l Plri'¢'ilp+=f1 of F'ri'=a-"\m'r'4 n[Wa.r
Adequate precautions shall be taken in this regard
before launching an attack. 1. To be heated huma]1el1.r;
z. Not m be subject to ldrlllre;
3. To be allowed to communicate with their
families;
4. To reeelve Food, el-othing, religious articles, and
Principle of Humanity Ur the Martens' Clause medielne;
5. To bare minimum ofinformadon,
In cases not covered by other lnternadonal 6. To keep persons] belongings;
HETEEMEHE, civilians and coml:lat3nl3 oemaln under T. To proper burial,
the protection and authority of the principles of B. To be grouped according to natlonalitjr;
International Law deified from established custom 9. To the establishment of an informed bureau; and
from the Prlnclples of I-Iumanlly and front the dictates 10. To repatriation for slek and wounded H949
of public conscience. Genera Comrenlionj
The extensive eodifleation of IHL and t:he extent of the F-'lf-lnhplvi of Milili-11 nr 'inllltlttrr Grnllwr an
accession to the resultant treaties. as well as the fact Prisoners-CII-War
that the denunciation clauses that existed in the
eodlEe.atlon lnstruntenls have never been used, have Members of militias DT volunteer groups are enticed
provided the international eonlnlunltgl.r with a corpus to l:lrlsl::lne:r-nf-war status when captured by 'Lhe
of treaty rules the great majority.-' ofwhieh had already one my, provided that:
become mslonmry and which reflected the most
l.Lnl'.I'ersal]1.r recognized humanitarian principles. These 1. They form part of such armed Eureles of the state,
rules indleate the normal eonduet and beha1.rlor DT
espeeted ot'Etates z. They fulfil] the Following mnditlnns:
EI. They are being mmmanded Br 3 persml
responsible as superior;
b. They have a Med distinctive sign
Trparrllrnr of liivilinni uncle flw ltd*pmatinnal recognizable ata dlslanee;
. .
:_ They carry arms [I openly; and
d. They conduct their nperaOons in aecurdance
The IHL provides that eimrillaos under the power of with the laws and r:ustun'ls nfwar.
enemj.r forces must be treated humanely in all
elrcumstanees, without any adverse dlstlnedort They l`=Lrrtur=p=1 Plpril1=l 4-1 fI1"i'4"1nflr1 n[w=u'
must be protected against all forms of 1.-'lolenoe and
degrading treatment, including l:n1.Lrder and torture. A captured guerilla DI' other members of' organized
Moreover, in ease of prosecution, they are enldtled to a resistance 1rlo1.-'en1enLs may demand treatment
fair trial affording al] essential iudieial guarantees. afforded to a prisoner of war under the 1949 Geneva
flntemotloriol Eommlttee of the Red Cross El!v.f.Hons Eonvenlion, provided that:
Protected under the Insemotlonol Humonftodon Low,
2018] 1. They are being commanded by a person
resp risible as dupe rlar;
States must never make civilians object of attack and 2. They have a Fixed dist:lnct:l1.re sign recegnlzable at
must, consequently, never use weapons that are 3. distance,
incapable of distl ngulshlng between civilian and 3. They carry arms openly; and
military targets. No [PHD mbatants or persons taking no 4. They r:nndur:t1j\elr dperalimls in accordance with
direct pact in dhe hostilities should be treated the laws and customs of war.
humanely in all clrcurnstan-oes, and the following acts
are prohibited with respect to them: NDTE: Persons such as civilian members of military
aircraft crews, and war correspondents, shall be so
1. 'Violence to life and person, entllled to prlsrmec--nf-war status when they fall
2. Taking of hostages; under the hands of the e11e my.
3. Dulrages upon personal dignity; and,
4. The passing of sentences and the carrying out of 9tal1l4 of lnumalisn who are* Pl1E=r1Pd in
efxeculions without previous judgment dangprn~l'4 prnfviciatlal mi1"~i¢m'~1 in arpa~1 ni
pronounced by a regularly on-nstltuted COILLrL armed on-nflicts
[Article HL 771-e Geneva Convention of /949
Reiodve to the Protection of Eivliien Persons fn They shall be treated as elvllians, provided that they
Times of War] take ne action adversely affeizling their status as
PDLITICAL LAW
eimrl Hans, and their prisoners-af-war status m the It is the pnllqr of the slate to remain neutral in fl.lrLme
armed forces when they fall to the enemy hands. wars.
Tmauilcnt nfspi-cs when rapmrcd l'»h:1.ltr'aIit1l.r vs. Hun-aligglimcnt
As spy is 3 soldier employing f a l se p-relenses or ads

through clandestine means m gather infnrmatlnn Pl'&SLil)IJ€l$»ES tin
from Me en 8m!.-'_
As' an Exist during peace
endstence of wal
appifcubililjr time.
CIT |: .ll.Ril:t.
When captured, [a s]Jjl.f] may be pmeeeded against Pla L'JI:IS Rejects jmpnrlalisan
under the municipal law -DF the usher belligerent, Purpose lmralvement in 11 and colonialism b y
aithnugh under the Hague Convention, [he] may not "..II th e w o rl d a l I. l
be executed without trial. But if captured after he has Evaluate; t]11 .It
sueeeeded in telellnlng his arm.'l.r. [he] must be treated Pre-determlned pulldcal e1.ren13
as a or] tune]' of war. Utnehum, Political' Law Ur.rtli::lel AS re nature
pnsltinn. b::*1HF fun t3SE'lD'
2814] ll\ . mc]iT_=;.
A suldler not wearing unlfurm during hl::sli]ll1es runs

4 'irate -"rrniidprlprl at a no" 1yF11 rf-»1 '-it=\tp
the risk of being treated as a spy and not ent:ltled in
prisoner of war name When caught, they ave na-I to When its independence and integrinr 3l'l'E guaranteed
be negated as prlscmers ufwar. by an international convention on the condition t h a t
such State obligates itself to never t a k e up arms
NDTE: Military 51:nu13 ave not spies. against any o t h e r State, except for se lf-d e fe n se , or
enter i n t o such international obligations as would
Spies are not enticed to prisoner-of-war status when indltectlj.-' involve a war.
captured l:l1.r Me enemy. Any member of t h e a r m e d
forces of a party m the 1:l:mtlJ1-cl who falls into the Flia!*\*=aam1 Durir"-2 nf a P~lputral Fitart [a-p-4-nl
power of an adverse parry,-" while e n g a g i n g in
e s p i o n a g e shall n o t have the right to the s t a t u s o f 1. Duty Ni gbstentiuin. A neutral Stale may a b s l a l n
prisoner of war and may be treated as a spy. from taking part in the hnstlilties and Ef rem glvln8
assistrane'e to either belligerent
However, the fol]nMn8 a1:l3 of gadaerlng or
attempting to gather infnrmatjun shall nat b e z. Duty nt'Ereventiu-1nL A neutral Stare may prevent
co n si d e r e d as at13 nfesplnnage: 1r_=. te1'J'itar5r and other l'E'3DlITl'.'E§ frcnm being used
in the conduct -of hnstllitles.
1. 'When made by a member of 'Lhe armed fumes
'M'LI::l is in uniform; and 3. Duty it' &r.'quiesL'ence. A neutral Slate may
2. When made by a member of the armed Entrees acquiesce in certain vestrietinns and limitations
wlrm is a resident of the terrltdrj." occupied b1.* an the belllgetenls may find neeessarjl.r to impose.
adverse party who dues so but nut through an art
of false pretenses or in a dellberalelv elandesline 4. Right af]]jllInmatil: Communication. A neutral
manner. Slate may emitinue diplomatic neiatinns with
other neutral states and with the beiligerenls.
II. L
|
I r I
l"lhlii!atinn'-1 of Br-l1i9prr~flt*a
Neutrality
The belligerents must: (aj respect Me s t a t u s o f the
It is n41n-participation, dlreeT11.r nr indjre-l:11.§.". in 3 war neutral S l a t e ; [b] a v o i d a n y acl d73t 'uhdll diveetly nr
between on]llendlng l:le]]igerenT3. This eadsrs only i n d i r e c t Involve it in their cnnfllce and [12] submit to
during war time and is governed 111.' the law of nations. any lawful measure it may lake to mainlaln 'DE' p m t e e t
It is dependent solely an the attitude of the neutral ins neu1:ralit3.r.
st are.
SDIUE restrainly an neutral :lanes
e..g'.: 5w1lz1erland, Sweden, The Yatlcan -City, and Costa
Rica. 1. Blockade;
2. Contraband o fw a i q a n d
Nu n-aliggnmcnt [Ncutrali5m] 3. make Free goods.
F re e s h ip s
This refers In peacetime foreign pnlieles of n a t j a n s Bind-:ada

desiring to remain detached from -l:mltlli-cling interest
dfnther natl :ms DT power groups. It is any effort to cut off 310 mardtlme commerce
between any enemy more and the rest of the world.
hlrurraliet pull-:ur The purpose was not only to prevent goods from
neaehing the enemy but also to pt*e1.-'ent the enemy
311
from exporting to the nuclide world and thereby Dwcwini' of EPP-r Eliip" maki' Fryer lìI1-i1rl'4
sula lnlng its war ecollnmyr. [Sarmlenln, 2l]D'§-"]
A shlp's nat:lana]1l1.r determines the :rams of 113 earga.
EIcn1-cnls of a '.r'alid Blockade Thus, enemy goods on a neutral ship, excepting
euln1:l'aba11d, would nut be subject m capture un the
1. Bindlng and duly cnmnlunlcated to neutral high seas.
stares,
2. Effective and maintained by adequate sources; 'Jiiir and '9r=m:h
3. Established be* a competent auti'Lalrity at'
be] gerent government; Eelligerenl warship; and aircraft have the right to
4. Li united only je the terrie r'g,r it' the enemy; and visit and aeardh neutral merchant vessels D11 the high
5. Inlpartlall_1.r applied to all states seas to determine whether died." are in any way
connected wid'L the hastil liles.
Q: is hlnrkadn lawful in international law?
IIm1pmra1 "l1'["\!'il"'1"
A.: IrEs. if it is made upon the order or authority of the
UN Secretary Council pursuant to Article 42 of the UH It cnnajsa it' acts, of a more ha-stile character than
Charter, that is, a measure to maintain or restore carriage of co:-ntraband nr breach of blockade, which
international peace and seouriq.-'_ Dtherwiae, II wil] fall are undertaken be merchant veaaels of a neutral State
under the LIN Eharter's pnohihition against the use of in ald ||:|fanj.' of the belligerents.
force under Artlcle 2[4].
Right of »"¢Il.F.3 iv
E untraband
A belligerent may, upon payment of just
It refers to goods which, alt!'Lau,gh neutral properly, compensation, sel2.e. use or dung; in case of urgent
may be seized by 3 belligerent because they are useful neeesslty for purposes ofohfenses 'DT defenses, neutral
fm' war and are bound fer a hnstlle destlnatl-nn. property found in lLs territory, in enemy territory, or
on high seas.
Epilui'4it¢"l far Igor' Evctrriw of Ria!'F1t o f d r a w

1. Ahsafute - those which are useful Eur war under
all circumstances (et. guns and ammuniticmsui, 1. That the property is in 812 te1'1'itar],r under the
E. Ehndllinnnf - l:.hclse which have Isclt]1 ci1.ri]ian and euntrul or Jur1s)dit'td41n of the belligerent;
military ul:iljl'5r {e.g. in-hd and clcilhingl; nr z. That there is urgent necessity fm' the taldng; and
3. Under the ,Wee Ra: - goods useful for war and 3. That just cu mpensatlrsn is paid to the owner.
hound fm' the belligehenls hut these which ave
exempt [mm Lhe law D]"l cuntrahand for Tcrminatlao Ni Ncutraliw'
humanitarian reason-ns [4 medicines]
NeII.Ltra]ltl.r is terminated when the neutral Slate i13e]E
Dacrrinf* cut' Ennlimlnui "Icl\'=91p nr Cnnhmlnlri Joins the war or upon Use conclusion of peace.
IEHIISIIDEI
_1=£L1a1I~*I1_
Goods lmmedlaleljr reloaded at an Inlermedlate port
on the same vessel, or reloaded an another vessel or
other forms of transportation may also be seized on
the basis of doelrlne of ultimate r:onsuml:lti on. Baseline
Doctrine ul' l..TItin1atl: Ennsumntiun It is a line from which the breaddt oF 111e territorial
sea, the Cl'Il]1III.glllIILl§ EDIIE and the exclusive E'EDTlDMlC
Gduds intended Eur civilian use which may ultimately zone is measured in order to determine the maritime
find d'Lelr way to and be consumed by belligerent boundary of the coastal State.
f r e e s may be seized an the way.
It is the "law-wat-e]' line along the coast as marked an
large scale charts ufficialljf cecugnizcd by the coastal
Stale" l"5'ac 5, 182 LDS]
Innocent goods belonging to Me same ovimor shipped
together with contraband which are subject on Baseline; may either be: {a] normal; nr, [tl] slralghl;
oondemnatlon may be con Escated. [Declaration of
London, Art. 42 ]
Dnctriuv of Illlimatl' Dp*=linarinrl1
The liability of the contraband from being captured is

determined nut by their ostensible but by their real
destinatjan.
PDLITICAL LAW
A stare mnstlluted wholly by one DT more

anzhi pelagcls and may include other islands. 1'UJ'll'IE'LDS,
.4n--16,1
»\rr*tipp1=n3ir* Dnrtrin" P016 EM-'l
Art. J', Ear: I no' :Ne 1985-' Cunsrimtl0n adopts the

arwchipelagle dorine. lr pruvldes that the natl-una]
ler1'itul'y of the Phillppines Includes We Phi]ll:lpi11e
anchor pelage with all the Islands and waters elf braced
Ihereln; and the waters around, between and
connecting the islands of the srfhlpelagn, regardless
of their breadth and d1me11_=.ll:»11s farm part of the
internal waters of the Philipplnes.
It emphaslaes the unity of land and waters by defining

an archipehgn elder as a group of islands
112 nautical m iles] suJ'ruLLnded by waters DI' a body of water studded
al waters 'a.riLhi5land3.
In
H . and
lntemar waters -llaqqIlnaulq1il11; 'I :u
Baseline
so-aight MfhinHa9c Baseline; vis-ei -vis
Archipclagglc Stat-LI 12016 BAR]
An archipelagic Slate ma.',r draw straight archipelagic

baselines Br loirdng the outermost p4:llnTs of me
outermost islands and drying reefs of the archipelago
provided that wid'Lin such baselines are included the
main islands and an area in which the ration of the
water to the area of the land, inc]1.Ldlng atolls. is
between 1 to 1 and s to 1. functor Art 4:9
Guida-lin-l.\s in drawingarchipelagjr baselines
1. The lenglii nfsueh baselines shal] Jmt exceed 100

nautical miles, except that up la 3 per in! of the
rata] number of baselines enelnsing any
arr:hlpe]agl:: may exceed that length, up to a
maximum Ilength of 125 nautical mi]es. fuhrcnus;
Are 4? {2_]IT
z. The drawing ufsuch baselines shall net depart to

any appneelable extent from the general
Two w~all."' to draw basal inE~s nnnfiguralinn of the arehlpelaga. f auvcnus; Art
4?{3}f
1. Narmada Baseline
3. Such baselines Sinai] not be drawn to and from
Is one drawn following Lhe 'law-water line along the law tide Elem-'alin ns. IUNCLDS, Art. 4914);
-coast 33 marked on large-scale Mark uMdallyr
bemgnimed 111.' the master] scale". The line Enllnws the HGTE: Unless lighthouses DT Mmllar Installatlbns
l:ur1.-'alum of the coast and Merriam we:lu]d normally which are pernlanen'Lly above sea level have been
nut in resist of straight 11new. built bn them or where a law-tlde ele1.rat:lnn is
situated wh-ally DT pa.1't.l3." at distances nut
2. .S`tI'il.ight Baseline exceeding the breadth bf the terrltbrial sea from
the nearest lslami I"1I£1{d}
Instead of fullnwlng the curvatures of the coast,
straight lines are drawn connecting selected paints on 4. It shall Jmt: be applied in such a manner as to :ul
Wie coast wtthaut' appreciable departure from the off from the high seas at 819 exclusive economic
genera] shape of the mast; Mme the terrie rial sea chf another Slate. ,lfLWELD.S1
Are 4Fr5JI
-'»..l:hlEll:lnHrHll1»'ehn-'I
5. If a part of the arehlpelagie water of an
Anrhipclagglc State archipelagic Stale lies between me par13 of an
1mlnediate]y adjacent neighboring State, exlsling
313
right and all other legitimate interests which the KPN: Right of Innocent Passage may be suspended in
latter State has traditionally ucerelsed in such same areas of HE archipelagic waters. But such
waters and all rights stipulated by agreement snlspenslnn must be:
between those States shall eemtlnue and be
respected. lunrctaa Art. 4?{6}j 1. The suspension is made without dlscrlmlnadon
in form at in fact among foreign ships;
Mme; The breadth of the territorial sea, die 2. Suspension is merely temporary;
e11ntigl.LaLI.s zone, Me exclusive e1:nnanlie Anne and die 3. It must specify Me areas of it arehipe lagl-c waters
eunti nenta] shelf are measured from the anzhipelagir: where Innocent passage shall not be allowed;
baselines drawn in aeeclmdanee with Art. 4'J". {LWCLI§l'5. 4. Such suspension is essential for the protection of
An; 48] ins se4:urlt.l.r; and
5. Such suspension shall lake effect only after
Suvereigglntv of the archipelagic status having been duly published. [l.lNELCIS, Ari; 52
[31]
I t extends to the waters ere]-n-sed by the arehipelagle
baselines [arehlpelagie waters, eegandless of their Q: Dees R.A. 9522 [Philippine lirichipelagie
depth at distance h'nm the coast, to Use air space :her Baseline Law] converting internal waters into
the a1'ehll:le]agie waters, as well as to their bed and arelii p-elagie waters, 'rlfielate Lhe Censtituti-nn in
subsull and Lhe resume Fees et ntalned therein. suliieeling these waters to the right al' inneeent
and sea lanes passage including nwerilight? [2004.
The sovereignty efxnends to the anzhipelagle waters 2015 HARD
but is sILLbjeet to the right of innueent passage which is
the same nallLre as the right of innocent passage in 14: run. WTLetI'Ler referred to as Phili pplne "internal
the terrltarial sea. lunrctai Art. 49{I} In mfnrian m waters" under Arr. I of the Eunslimtlsn ar as
Art 52l"1H "arch pelaglr wat ers' under UHELDE III [Art 451 {Ij_1'.
the Philippines exerelses sd1.rereig1'1l3I' over Me body of
HUTE: The regime of arehlpelagie sea lanes passage water l yi n g Iandwand of the baselines, lnduding the
shall nut in other respects affect the status of the at r spare 01.-'er It and the submarine areas ILLnderr\eatI'L
arehipelagie waters, deluding the sea lanes, or the
exemlse by the arehlpelagie State of is suvemlgnqr The fact of sovereignty, however, does not preclude
ever such waters and 'Lhelr air space, bed and subsu-ll the operation of Jnunieipa] and international law
and the resources ennlalned therleln. fUNCLO£ Art norms subjecting the territorial sea or arr:]'Llpe]aglr:
49,r411 waters to ner:essar'j.-', Lf nut marginal, burdens in the
interest of maintaining unimpeded. expeditious
international navigation, oonsistenl with the
international law priiieiple of freedom of navigjalio n.
These are waters enclosed by the arr:]'dpelaglr:
bas)e]lnes, regardless of their depth 'DT dlslan-ce from Thus, £1-IJmest:l-eall}l.r. the pnlltlcal branches of me
the mast lLF1'III'CLI§l'5. AFI. 45!{UJl Philipplne govern rent, i n the eumpetenl discharge of
tl'Lelr cnnstllutlanal powers, may pass legislation
Rights lw while'* »HL11'l1ipp1=u9'ir W2*pr"4 are' iuhil'l"F designating routes w i t h i n the arehipelagie waters m
to: regulate innneenl and sea lanes passage. l'Ma,gnl'ln-nn H.
Emlit.l:r. so Hn. 1e?/ls:'; August 16, 201 IJ
1. Rights under endstlng agreement D11 the part of
the lhlrd stares should be bespecled lLW£'L£Tr.5', NDTE: In the absence of municipal Ieglslatlon,
Af-L 51,r1j.¢ international law norms, now codified in LINCLIDE III,
operate to grant innocent passage rlghln over the
2. The traditional fishing rlghm and other legitimate territorial sea DT archipelagic waters, subject to the
a1:t1'l.-'ities of the lmmed lately adjacent treaty's limitations and conditions for their exercise.
nelg]1l:lurJng States Hhldj; cmd, 51gnificantly. the right of innocent passage is a
customary international law, thus automatically
3. Existing submarine cables laid Br other States incorporated in Me corpus of Philippine law. Ho
and 'passing 'Lhr-1:l»ug]1 its waters wlthn up maki fig a modern State can 1.l'alldly invoke Io so1.-'erelgnty to
windfall' as well as the malntenanee and absolutely forbid innocent passage that is exercised in
rep]ar:ement efsuch cables upon being nll:l1:IEed of accordance with customary international law without
their laeatinn and 'Lhe intention to nepalr nr risking retaliatory measures from the lnternadonal
rep]al:e them. f UflJ'EILDS, At; 51 {2}j' oontmunlty.
Nnnliralviliw of tb' 1'i1=l1t of inlw'pl'\* n=v=11Pr in The imposition of these passage rlghls through
arrlli11r*Ial=.ir' wnlr-1"1 archipelagic waters under UNEL-DS III was 3
concession Br archipelagic States, in exchange for
GE: As a rule, ships it' all States enid the right of their right to claim all the waters landward of their
innocent passage 1j:\ru1.18h archipelagic waters. haste lines, regardless of their depth 'DT distance from
lunrc1.as. Act 52,r11j the coast, as anchipelaglc waters subject to their
territorial sovereigrltgf. More importantly, the
PDLITICAL LAW
neoognition of anehipelaglc States' archipelago and the The baseline in the following areas over which the
waters enclosed be their hlasellnes as one eoheslve Phillppines likewise emzerc'lses soverelgntg,-' and
entity prevents the treatment of their islands as iurisdjclian shall be determined as "Regine of
separate islands under UHCLDS III. Separate islands Islands" under Lhe Republic of the Phl'llppines
generate 'Lhelr own maritime zones, plaelng the consistent with ALL 121 of the United Ha1:lalns
waters between islands separated by more than 24 El:ln1.-'entlcm D11 Use Law of Use Sea [l]l'ELDS]:
nau1:leal miles beyond the States' territoria]
sovereignty, subieeting these waters to the right of 1. The Kalayaan Island Group as constituted under
other States under UHCLCIS III. Hrfagafiono v. Ermito, Presidential Decree No. 1596; and
raid.; 2. Baja de Masinloo also known as Soarbonough
Shggl (RA No. 9522,See. 21
_=!!'Ell=4=*§L*l1WLl* L_
All ships are entitled to d'Le right of archipelagic sea
lanes passage. Submarines are nat required to surface [nIpmal warpr'-z
in the 'DDUTSE l::f113 passage unlike Lhe exercise of right
of lnnucent passage in the territorial sea lunrcnns These are waters al'lakes. rivers and l:la.1,rs landward of
Art 20 in refcrtimcl to APL 53'{3}_l' the baseline of the terrltarial sea. Waters in the
landward side of the baseline at the territarlal sea also
The right is the same as Transit Passage. Beth define farm part of the internal waters of the coastal state.
the right of navigation and uverfllght in the narma] However, in 'Lhe ease at anzhipelagir: states, waters
made solely Eur the purpose of "r:nntinunus., landward of the baseline other than these of r11.rers.
expeditious and unabstrueled l:rans1L" In bath eases, l:laj.rs. and lakes, are archlpelagie waters. lfswctns; Art
the archipelagic slate cannot suspend passage. 8l'1}l
{uncLes. Arts. 44 and 54;
[1p1imirafinn :II illIprnal we tpr~a
N~l}'l'E: The right of arlchipelaglr: sea lanes passage
may be exercised Lhmugh the mules nm'1'rlall.l.f used Wllhin the arthipelaglr: waters, the arr:hll:le]agilL' slate
fur intematimlal :lla1.rlgatl1:ln. fUHCLD§ Arr. 53{I2.]'_l' may draw cllJsillg lines for the dellmltatlnn afinternal
waters. ruwcLrJ5, .»1.rL 58 in relation with Are. El, IU;
111
1. An island is a naturally fOrmed area of land, MUTE: A master! state has snuereignqr over 113
surrounded by water, wl'Llr:h is above water at i11te1]1al waters as If lnteJ'Jlal waters were part of its
high lide; land terrie re,-'_ {unrcLu:; Art so;
2. Except as provided for in paragraph 3, the
territorial sea, the contiguous zone and the _ll=lrl':l'll'il:l'Ei.1=l¢_
continental shelf of an island are determined in
aeeondancle wlth the provisions of the Convention Fhr~pafl*l1 of tlv' Tprrirnri-'ll *'i~r~=\ [2004 ?1'r1'-1 EAI?-"!'
applicable to other land terrltor],r; and
3. Rocks which cannot sustain human habitatlorL or E'I.I'er3.r Stare has the right un establish the breadth of
economic life of their own shall have no exclusive the territorial sea up in a Ilmll not exceeding 12
economic some or continental Shelli fonctos Art nautical miles, measured from basnllnes. fUNEI.D5j
121] .4.rr.3j
note; Islands can be very lniportant because ollthe Doter Limitai Me Tenitarial Sea
possibility of expioidng all and gas resources around
thermaL Tbls explains the oonuoversy over Spratleys. It It is the line e11'elr]."r point efwhieh us at a dlslanee fro-rn
is noteworthy that idands can have their own the nearest point of the baseline equal to Me breadth
territorial sea, exclusive economic zone and of the terrltarlal sea. fwrcnnr; are 4]
continental sheI[ However, rocks 'which cannot
sustain human hahltadon or economic life" only have Territorial sum vs. Internal waters of the
a territorial sea. But there is no clear international law Philimclincs
definition of 'eoonomie life' referred to in 110. 3.
{Bernays. fntmductfnn to pulau: Intemntioncrl Low 2085,
P- 129] Defined by historic right Defined by Lhe
or treaty llmlls archipelagic doctrine
Artificial islands DI installations are not 'islands" in As -defined in the Dutcrniusl points -of DUI"
the sense of Art 1z1 of the UHIELDE. However, coastal Ennuenden in the law archipelago which are
states may establish safety zones around artlflda] of the Sea, has 3 uniform mnliacled with
islands and prescribe safety measures around diem breadth of 1z miles baaeiines and all waters
.l'HJld', citing Lwctos Are l5EII'4} and o f measured from the lower comprised therein
water mark of the 4:\cl-ast
IE-'wimv 4f[<lan41 un='1fr Fhflinninv laws
315
P-"lptl1n-:l'i u'if11 in rtf-fifli up. Itrritnriid we Rip.hl of inurn-:put now!I:" in f n n iid v wd
l11pil1:'li»"i=1l if rh-= fnrvirn thin pnravfa in m-
1. Nnrmul' haseflne merhnd - The territurlal sea is [n11nwi11g =\r'tilrilir*=a= [WWI PA win FnFiRIlT!
simply drawn from the low-water mark of the
cuasl, cu the breadth c]almell1., following its 1. Any threat or use of farce against the
sinuousness and mrvatures but excluding the sovereignty, territorial integrity or political
inlemal waters in the bays and gulfs ,{UN~IZ'Lr§rS. independence of tlle -coasts] State, DI' in any other
Art. 5); and, n1a11ne1' in violation of the principles of
international law en1hodled 111 the l:::l'1arter of the
2. Straight baseline method - Whens the coastline is United Nations;
deeply indented and out into, Ur If there is a 2. Any exercise DI' practice with weapons of any
fringe of islands along the mast in its immediate ltitid;
'l.fielnltg,r. the ntethnd it' straight baselines je-lning 3. Any act aimed at collecting information to the
appnnpnlate pnlnts may be entplnyed in drawing prejudice of the defense or security of the coastal
the baseline from whit the breadth of the State;
terrltnrlal sea is measured. (uncles Art. IF] 4. Any act of propaganda aimed at affecting the
defense or security of the coasts] State;
HDTE: The Phllipplnes uses this method in 5. The launching, landing or to]-dng on board of any
drawing baselines. 8ircrailt;
15. The launching, landing or to]-dng on hoard of any
Finvplrpi;5r111L' nvpr the* tp1"ritf»ria1 pa 12nd R-\'¢R`!' military de1.rioe;
The loading or unloading of any l:.-oJnn1oditgl.r.
Coastal states exettise sovereignty over Terrllorial currency or person contrary to the customs,
Sea and lt extends to the airspace over the terrllorial fiscal, immigration or sanitary laws and
sea and to lI.s seabed and sub-so1L regulations of the coastal State;
8. Any act of udllful and serious pollution clonlrary
HUTE: The snucrveigrlqr over the territorial sea is the Convention;
subject to the right of innocent passage on 'Lhe part of 9. Any Eshlng activities;
ships of all stares. [P-la,;IIaffnn:l, 2085] Io. The carrying out of ncsearch or survey activities;
11. Any act aimed at interfering with any systems of
Rirlhtnflnnnnrnt Fa'-:1aF.1' [1991 BAE I communication or any other facilities of'
installations of the coastal State, o r
It means navigation through Me territorial sea of a 12. Any gthei' activity not ha1.rlng a direct hearing on
State for We purpose of l:ra1.-'ersing the sea w'lth-out passage. mwctoi Art. 19 .lfE."_l'}
entering Internal waters, or of proceeding to internal
waters, OJ' making for the high seas from internal laws =ml 1r1'Fl1l= li=1111 of the' -"f1=11*-'ll ww- 1"pl==Il'ing
waters, as long as it is not ptreiudielal to the peace, IU innocent passage
good order or security of the coastal State. funftloi
Air. 184"1;l"2}, I5l{Ij_l' The e4:1a§:al state may adapt laws and reg1.l]ali4:lns in
respect of all a r any of the fnllnwlngz
Horn; The right of innocent passage only aplp]1es to
foreign vessels. Aircraft in flight are not enthied m 1. Safety of navigation and the regulation of
innocent passage and thus aircraft must remain maritime trafflq
onboard 1.resse]s during innocent passage. 2. Protection of navigational aids and facilities and
other facllit:les or installations,
Applicability of the right ul' inlulccnt passage in 3. Protection of cables and pipelines;
the internal waters and tcrrit4:Jrial sea 4. Conservation of' the living resounoes of the sea;
5. Prevention of infringement of the fisheries Jaws
111the lerritarlal sea, 3 foreign State can elalm for ils and regulations of the coastal State;
ships the right of Innocent passage, whereas in the 15. Preservation of the environment of the coastal
internal waters of a State nu such right exists. State and the prevention, reduction and control
of pollution thereof;
HUTE: A coastal state may extend is internal waters Marine Scientific research and hydrographic
by appljring the straight baseline method in such a surveys, or
way as to enclose as LE internal waters areas which 8. Prevention of infringement ofiiie r:ustorns. fiscaL
are previously.-' part of the territorial sea. It also immigration or sanltar1.r laws and regulations of
applies to sllraim used fm' international navigation the coastal State. ,l'UNEI.DS,Ar1'. 2II"IJj'
converted 1nto internal waters by applying the
straight baselines method. Thus, the right of innocent NDTE: It shall not however, apply in the design,
passage continues to exist in the "extended" internal 'DDIIS1II'l.lE[i[llfl,. manning or equipment of foreign ships
waters. fonts DS, .4.rt 8T2}j' unless they are gluing effect to generally accepted
lnternadena] rules m' standards. fUNELD£ Art 2II"2_Jj
ln'itamp»: whru Igor* riralv :II inunrrnr paieqgv ii
rnn'i+I¥p1"rd l*rpiur1ici= l R111'p€ when l1'=»':f'r1in"1 Igor' t~'1"ritnrF=1I spa Wlrnurlh
tlw rip'.llI -of illlwcpl'lt l1a~:1ap'.1'
PDLITICAL LAW
1. Submarines undnther underwater vehicles - They Flia¥*1t'=a of The r=aa'-iral '-:mrr rtl-1tillr1 in inunrfnt
are required In navigate in pLebe surface and to paiiaf' fhlrfruvh *hr tfrritfrrW '-=p=r IP=1B9l
show their Hag {ur4clrJ5. Are 28] :
The coastal State may:
z. Fbrejgrn nuclear-powered ships and ships cnn:l.4r1g
nuclear Br other inher'ebt.fy dangerous DI' naxlbnrs 1. Take 'Lhe necessary steps in 18 territorial sea to
substances - They must earrj." dneumerns and prevent passage which is not innocent gunrctos
nbserure special pJ'e1:au1:ianar.[l.r measures An; 25l"1 JI:
established for such ships by internatlana] 2. Take the necessary steps to prevent any llreach
agt*eemen8. They may be required to en-nfine of the conditions to which admission of ships to
their passage DH sea .lanes presserlbed by the internal waters at such a call is su tiiect Jrunctos
enastal State funfeaara All ZN}: Arc 25|r2,r,f;
3. 'll'l.FiT.hout discrimination in farm DI' in fart among
3. I-'I-*nrsilips - foreign ships, suspend temporarily in specltled
3. Coastal Slate may n e q u l re th a t lr leave the areas of 11s territorial sea the innocent passage of
terrltdrial sea immediately when it does 11rJt foreign ships if such suspension is ewential for
comply 1.nd1:h the ]ares and regulations of the the protection of its sec1.Lclt§l,f. including weapon
coastal State and disregards e u m p lia n e e exercises. nrrrctos, Art 2 5 5 3 3
funr ctui .d_rr. 38] :
b. Flag State shall bear lnternatlefnal NDTE: Nu charge may be lwled upon faveign ships by
responsibility for any loss DT damage t o t h e mason only of their passage 1j:\rl::l1.1gh the territuria]
euastal State resLLltiJlg From nun-eumplianee sea. lLrt.rc:.crs ArL Eéfljj
with the laws and regulations of the edasta]
State euneernlng passage rtwctrns, Arr. 311; Charges may be le1.r1e:1 l:mlj.r as payment for speelEe
and 9er1.rlr:es rendered to the ship which sha]l be levied
f. Submarines in i n n o ce n t passage are wiLh1:»ut dlse]'ilninatlm'L fun-:L OE, Art 2-E1"2_Jj'
required to navigate -un the sur face and to
shew t.l'Leir f°la.g. fUN8G5, Art 20] Right of the coastal state to suspend innocent
P44i48 in 'i11p~"il9 ad array
MUTE: This udll nut affect the immunities of
warships and other government ships uperaled The coa§3l state may, without discrimination in farm
for on n-cnmmevclal purpose. {UNCLe A.rr_ 32] or in fact among foreign ships, slJspend temporarily in
specified areas of its teJ'ril;o1'ial sea Mo innocent
marshier passage of foreign ships 1r such suspension is essential
for the pnotectlon of its security.-', including weapons
It is a ship belonging to the armed forces of a State exercises. Such suspension shall take effect only after
bearing the external marks distinguishing such ships having been duly published. lumctos Art 25(3), Port
of ins nationality.-', under the command of an oflioer If Territorial Sen and Contiguous Zon-e_l'
duly commissioned by the government of the State
and whose name appears in the appropriate 5e1'1.doe E'xpr¢:ilp of criminal il1ri'44li=:rinn al' the r-naital
list or its equivalent, and manned b y a c r e w which is Sian:
under regular armed forces discipline. {LFAI'ELEr5', .4rc
25; ER: Crlmlnal jurlsdlr:'l'1clln of the coastal stale should
nat be Exercised in board a foreign ship passing
NDTE: The right of lllrmcenl passage perlalns m all through Me terrltprial sea to arrest any person nr to
ships, including warships. r:pnd1.Lr:l any investigation in cunneftlan wllh any
crime committed in board the ship during i13 passage_
Dulins of the cnaslal Stan: with l3"e£;1rd ta innocent
l'~"1i=lgp of fnrpL3Tl ihipi Lim A) IFRS:
The coasts] State shall: 1. Consequence of' the crime extend to the coastal
512318;
1. Not Qamper the innocent passage of the foreign 2. Crime is of a kind to disturb the peace of the
ships through 113 territorial sea; country or the good order of the territorial sea
2. Not impose requirements on foreign ships which 3. Assistance of local atlthorltles has been
h.a1.re the practical effect of denying or impairing requested Ba' the master of Me ship or by a
the right of innocent passage; diplomatic agent: or consular officer of the flag
3. Not discriminate in form DT in fact against the State, or
ships of any State or against ships carr3,rlng 4. Measures are necessary for the suppression of
cargoes to, tram DI' on behalf of any State; and illicit tragic in narcotic drugs or ps1.rcho1:ropic
4. Give appropriate publictitjr to any danger to substances [owctos An; Z:F"{1}j'
na1.riga1:ion,, of which II has knowledge, within 113
territorial sea. fowl os, Art 24) HDTE: 5ur:]'L dues nut affect We right of the maslal
state to lake any steps au'l;TL-IJri2»ed Br us laws Fur the
purpose of an arrest or ln1.-'estigalinn on brand a
31?
frJ1'eigJ1 ship passing through the territorial sea after It is the right m exercise freedom of na'uig3alion and
leaving internal waters. [UNELD§ Art 2F{2}j overflight solely for 'Lhe purpose of eontlnuous and
expeditious transit through Me strolls used for
Exercise of civil imrisdictinn mnrr furcign ships Internal-ona] na1.rlgat:l-on, je., between two areas -of the
Da14iw tltrfwlfh Igor Im'l"il,'nl'i:l1 ~1p=1 nl' Ihr- II.naf»ra1 high seas or between two exclusive economic zones.
5131-11
The requirement of continuous and efxpeditlous
The coastal stale may Exercise -:oil iurladiclinn, transit dues not preclude passage t:hro1.l.g]'L the strait
subject to the Fullnwing exr:ep1:1ans: Em' the purpose of entering, leaving or returning from
a Slate bordering the strait, subject to the conditions
1. It should not stop 'DT divert a foreign ship passing of entry to that Slate. Jfunruos Art 38ll'_:8}1
through the territorial sea for the purpose of
efxereiscing civil jurisdiction in relation to a person NDTE: The right of transll passage is not applicable if
on board the ship Jforrctos Arc 28,r111 theme exists seaward of the island a route through the
2. It may not am execution against or arrest the high seas -nr Lhmugh an exdusclve econ-nmlc :one of
ship for the purpose of any dvi] proceedings, similar convenience with respect: m navlgadana] and
save only in respect of obligations or Iiahllities had mgraphieal l:ha.Tar:terlslies. fUNELD§ Art 38{1}j'
assumed or incurred Br 'Lhe ship itself in the
course or for the purpose of its voyage through 'Jesse-ls untitled m right Ni transit passage
the waters of the coastal State lfunrctos Arc
28'2tI All s h ip s and aln:ral't enjoy the right of transit
passage.
HDTE: It is with-out prejudice to We right of the
coastal Slate, in accordance with lls laws, to IM' Right efinne-cent passage vs. Transit passage
efxeoution against or to arrest, for the purpose of
any r:11.rlI proceedings, a foreig;l1 ship lying in the
lerrlt-orlal sea, or passing l;hroug]'L the terrltoria]
sea after leaving lnterna] waters. ITUNELOE, Art
28,r31! iiuvers naurlgjatlan Covers
an:
_-*'C'I\'llI=lll*llI-'l'»f'I€l=_
As m smrzllpe only. ]"l3.llll'i.g3'lj'l]IYI
u1.re1'fIlght t.
aircraft;
It is Me zone adjacent to 'Lhe territorial sea, which the R eq ujres NCI requirement
coastal State may exercise Audi central as 13 Jteceasary ~lll:lmarlne an I . speelally
III: other underwater applicable |.
.-LE m
vehleles Ln submarines.
1. Prevent infrlngernent of us eusnnms, F1s)eaL submarines
na1.rlgate an l;lle
immlgratlen. n r sa n i ta ry laws within HE terrlmry surface and - .
or Lu territurla] sea, Ur sl mw th-..| .
2. Punish such infringement May bl: .1.| |: |
,,is m
un laLul -. .11.l.=LLI'l
It is Me area of water not exeeedlng 24 nautical miles suspension
supp-cn dILI sLI;=.p~l:;l .LI
from the baseline. It' thus extends 12 naudeal miles [11 the designation Designa1:l-an |
from the edge of the territnrjal 3-ea. ,lfLWELD.S'. Art. 33 of sea lanes and sea ]3:l'l'E§ an
r1Jf2JJ trafflx: separation traffic:
schemes, The' separatleln
Cuoljgllulls zone dues not autnmalitallv hclnng to coastal State shall: schemes |.
the tcnitnw of the coastal state only lake I.nD subject m
acmunl th - prgpggal an.
The coastal slate must make a claim to lU Contiguous M m
JEElIll'|'Y|]`['lE'['ld3|I|'|1lY|5 agreement
Eone for pertinent rights to exist. ArL 33 of the designation
of a mmpelent between Still]'
uncLes speaks in permissive terms, je., 'The coastal nfswfn Innles
international bordering Ll.|.
state may exercise Ure control necessary' for definite cmgan lzalinn. straits and I In
purposes. [P-I-ogIoi'i'ono, 2885] subsequent
adbptlnn by
Evrwnr of l*1r* Cnnli*=:lluu'i ?.nnp lIIDlfl'lpEtE:l"l.l:
international
The coastal Stale may nut extend lls Cnntlgunus Erne arganlzalinn.
beyond the 24 nautical rfllles from the baseline [From
which the breadth of the lerritarlal sea 13 measured]. To =11wpF 1'l=1rn'if1e
8ur.rr:1.r1i ArL 33 {2}_l'
It pirbWdes that fbr boundary rivers, in the absence of
Ri baht :I r tramir p=r4'ia£L¢' an agreement between the riparian States, the
bbundary line is laid in the middle of the main
navigable channel. The bbmndary between twb states
PDLITICAL LAW
divided Br a Elnwlng body of water should be drawn Primary nhli;5a1im1'4 of in=r»=tal its IPO -:or the EEE
a]ang Wie thalweg, which is the deepest pntlon of the
channel. 1. Proper 11*1Jl§5'EI'l.l!'8l:l.DT1 and management lTI.E3SLll.'*'ES
that t h e living resources of the EE2 are nut
-Hl=».*4IL4w'»1=f--:fr-I-1rf»H-: subjected to :her-explnitatlan, and,
It gives the coastal State sovereign rigiils overall MUTE: Th e UNE L - DS dues nal set a limit, E x c e p t
economic resources of die sea, sea-bed and subaoi] in bar the duly of Me coastal stare nut to -nvenexpl-n-lL
an area extending not more Than ZDCI nautical miles {HagaHnna, 2 0 1 8
beyond the baseline from which the territorial sea is
measured. funfceos, .4Mcfe: 55 .e EF] 2. Promote Me objective of"oplimum utilization' of
the living reoourees, and to this end, to Oetermlne
NDTE: The pm'l.fisions DTI. the effusive eeonomlc zone the maximum allowable catch of such resources
are bath a grant of right to and 1m]Josi1:lon of in relation to lo capacity to haruesl Me allowable
-obllgatlono on ooastol states ne]ati1.re to the catch. fUNnEL of, Ar; 6II"2}. 6211jj
exploitation, management, and preservation of the
neon urces En und within the zone. Dblcctiims al' :uns-cn'3tinn ul' living rcsnurncs in
Me EEZ
Rights. of Me coastal state in the EEE l[211D4, 2005
Baal 1. The determlnadon of the allowable catch of the
living resources,
1. Sovereign rich 8; 2. The maintenance of the Ihdng resources in such a
a. Fm' the purpose of exploring and exploiting, way that they are not endangered Br over-
consenting and managing the li1.r1fig and nan- exploltation
lhring FESDLIFCES in the super adjacent waters 3. The maintenance or restoration of population of
of the sea-bed and the resources of the sea- harvested species at le1.re]s which can produce the
bed and subsoil, and maximum suustainahle yield; and femlctcs Art.
b. Wllh respect to 1:he other actlvllies for the 6I};-cmd
eoonomlc exploitation and exploration of the 4. The maintenance of associated or dependent
see, such as production of energy from species above levels at which their reproduction
water, currents and winds; may become seriously threatened rcwctos Arc
61]
z. fr.rr1!sdJlr:t[nna! r Hts.'; and
NDTE: The coastal state must determine lu eapaelly
3. Wim nespeet m establishment and l.l9E of to har1.rest the luring resources of the EEG. If it does
artiiieial islands; not have eapae'lty to harvest the allowable eateh. it
b. As la protection and preservation of the shall glare other states aeeess to the surplus of the
marine environment; and allowable eateh be means of agteemenls or
E. I31.-'er marine scientific research arrangements consistent with the UNCLDS. For this
purpose the coastal state ma],r establish terms and
3. Dlher rlghm and duties pruvlded fur in the Law of conditions b_=,r laws and regulations. [twat of, .1l.rL 62]
the Sea IEI:ln1.ren1:il:»n. funrmirri Art. 56]
IE the coastal state sets 1j'Le allowable catch at the same
NDTE: The coastal State has on sovereignty aver the level as its harvesting capacity.-', then [10 surplus is feEL
EEG. 'What the coastal State only has are sovereign The result is that the access try other states to surplus
rlghw, Jurisdilr.'tlanal righTs., and alter rl8hl3 under the Ste-:ks may ppuye to be lllusury. {MaguHnna 20-[15]
Law of the Sea Enmrentlan.
Matters that 11\e coastal state Iraq regulate in
Thr- rn-airll '»=t=1tp may il1"~ppct and =\rrp9I 1hip'1 regard to fishingbv the nationals ufntller state-5 in
=:n'winit1EEE Me EEZ
The coasts] Slate may board, and inspects ship, arrest 1. Licensing of flshernlen. fishing vessels and
a ship and its crew and institute iudiclai proceedings eq uipnie no, and the payment of fishing;
against them. ArpesteO 1.-'essels and their chews may be 2. Determining the species which may be caught
required to post reasonable bond or any other Form l and Eiidng the quotas to catch;
security. However, they must he promptly released 3. Regulation of seasons and areas of fishing the
upon posting of' bono. types, sizes and amount of gear and fishing
vessels 'l.hat inay be used;
In the absence of agreement to the contrary by the 4. Fixing the age and side offish that may be caught;
States e4:lneerned. UNCLDS does not allow 5. information required of fishing vessels, including
lniprisonment or any other farm of Corp-ora] catch and effort statistics and vessel position
punishment. However, in cases of arrest and reparls;
detention of foreign vessels, it shall pronipdy notify El. The conduct offisherles research programs;
the Flag state oEUvre aetlon taken. T. The placing of' observers and trainees bi' the
coastal state on board foreign vessels;
319
8. The landing of the catch by foreign vessels in the livnlclfiral rirulinrnW 1hp1 l`
parts nfTJ:\e enastai state,
The terms and ennditlans of infant ventures nr It cnmprlses the entire pmlangalinn of the coastal
EDCIperatlire arrange men13, 5*tate's land mass and extends up la rLhe outer edge of
ND. Training of personnel and transfer of fisheries the lr.*a-n1:lnent3I margin.
technology, and,
11. Enfnreement prneedures. It §3rI.s from Me baseline li'um which the territorial
Sta is measured and has its outer limit at Me outer
HDTE: The nationals of other states granted access to edge of the IL~nn1:inental margin which may extend
the EEG must conlp]y 'lnrllh eonselrvatlon nleasunes and heyend the 200 nautical miles from Wie baseline or
other eondlliono provided in there laws and may Fall short of that distance.
regulations. Rome; of, Art 62;
Continental shelf [[uridil:aI,."LI:-gal Enntincntal
Cnolziglmnlls zone vs. EEI [2004 BARE Shall]
It comprises the sea-bed and subsoil of the submarine

Known as the p1'll:ltel:t:l1lfe Ends at Me 2-DISH* areas that efzdnend be.',fond lls terrllorial sea
jurisdlctiun and staJ'l3 ::l4:l'uh4:'af male from the tIlroug]1o1.lt the natural prolongation of its land
from the I2"" FIEILI Lina! mile baseline. territory to the outer edge of the eondnental margin
from low water from the at to a distance of EIJD nautleal miles beyond the
baseline. baselines from wbieb the breadth of the territorial sea
la measured if the edge of the eoniinental margin does
Canasta] state may exercise No state really has the not extend up to that distance. fuwct of, Art ?l5l'Ij_1'
the IIIIIIITD] necessary [D exclusive ownership of
[1] prevent infringement it, but the scale which NUTE: The right of the coastal stale ever the
of ill customs, Fiscal, has a valid claim on it eantinenta] shelf do nat del:le11d un l::eeupa1:inn.
immigration, DT sanitary affording to the etlfee1:l1.re ar national, DI' on any express prndamatlnn.
laws within its territory UNELIEI5 has the right .lfLWIS'JLEI'S, Are ,v;'{3}.lr
Ur ins territorial sea Ur [2 ] to explore and exploit
punish such inf1'ingenle11L its natural peso urcea. The UNELDS unifies the -nu-ntlnental and the extended
_.lhTJliIJlau.*llI'={.1£l=ll_ mn1:lnenta] shelves into a-ne by prnvldjng that the

continental she]f extends to the l:lread'Lh at' either
shelf, whichever]' is Lhe Earl11esL fUNELO5, An;
Dlherwise known as arehlpelagie ar insular shelf for
76{/H4}J'
archipelagos, refers to a] the seabed and suhooi] of the
submarine areas adjacent la the meters DT, beyond
fnnri npt1'f==l in rain
that limit, to where the depth allows exploitation, and
b] the seabed and subsoil of areas adiaeent to islands. It is the submerged prolongations of the land mass of
the coastal state, consisting of the continental shelf
Catfguries uffuntincntal shelf proper, the eonrjnental slope and the continental rise.
It does not include the deep ocean floor with its ocean
1. Eclndnentralsheliarld ridges or the su tisoiL fonccoa Are F6l'3J]}
3. Geological mntlnental shelf; and
b. luridlL'aI,,FLegal Cnntlnenta] Shelf NDTE: The canasta] Stale shall establish the outer edge
2. Exmllended Enntlnenta] Shelf. -of the nnntlnenta] margin wherever the margin
extends beyond the 2110 nautical miles from 'Lhe
baselines. In establishing the Continental Hargln it
shall either use:
1. A line drawn by reference to pcllnT3 no more than

EI] nautical miles from the [net of the cuntjnenta]
slope; Dt'
z. A line drawn by reference to pninw at which the
thickness of sedlmenw is less than :me percent of
the distance to the base of the continental slope.
fuwctnl-r,.4rL F6{4j_¢*
Prrnliviihlf h lrp=\flII1 of mf- -"n|,'|['i|'||'\-T|r:|[ ihflf
Under the said UH Cnnvenddn, II extends to a distance

not extending 2 0 ] nautical miles From the baselines.
However, if the on-astal State succeeds in its
application for an extended continental shelf, it may
extend to not more than 350 nautical miles. lunfctai
.-1.1 Fsrrrrnl

PDLITICAL LAW
Nora; Under Presidential Proelalnatlon 378, the 3. To lay submarl ne cables and plpeli new;
continental shelf has no such legal 1imiL It extends 4. To l.'l1:ln5T.1'1.1l:l .artificial islands and ndler
outside the area of Me territorial sea "in where the installations permitted under lnternadana] law;
depth of due superjacent waters admits of the 5. Fishlng; and
exploitation of such natural nesouroes." In this ease, 6. SelentiEe research. IUNCLDEL Art aF{1I in refanhn
exploitation of resources may go beyond Use 200 t4:rArL 90)
nautical miles.
MUTE: This is open to all States and shall be exercised
Extended Continental Shell' with due regard for the interests of l::dler States in
their exercise of 'Li'Le freedom of the high seas.
It is that p0rtlnn of the continental shelf that lies ;ur4cLos,An; 87(2J;'j
beyond the EDCI nau1i-cal mi]es limit in the
jur1dica],l"]egal mndnenta] Shelli {fEJid} l'-'la£ State
Eummm£mu3u It refers to the State whose nationality the ship

possesses; for it is nat:lana]1ty which gives the right to
It is als-u known as the Henham Rise. The Philippines H1.' a wuntry's flag. In the high seas, a slate has
lodged i13 claim -in the area with the United Nations efxelushre Jurisdiction ever ships sailing under 113 flag.
Enmmissl-an -an the Limit nfdae Continental Shelf nr It is required however, that there exists a genuine Jlnk
April e, ZDD9. The UNIELUE appiuved the claim of the between the State and the ship. ,l'U!ll'[.II.U.'S`, .410 91(I),
Philippines that the Ber ham Plateau is part of 52r2}/
Philippine Terrltulr],r un April 12, 2012.
Applicable laws to 'vessels sailing-nn the high seas
Limitation an Me rights of coastal state awrr dir:
rnntinvfrtal ihrlf ER: Vessels sailing an 812 high seas are subject 0n]]..r in
internatllrmal law and to the laws of the Hag State.
Rights of Me coastal State over the contlnenta] shelf
do not affect the legal status of the superjacent waters MPH: However, the arrest or boarding of a vessel
ar of Me air space above those waters and such selling in the high seas may be made by a State, ether'
exercise of right must not infringe or result in than the flag-State of sl.Lr:!rL vessel, in the f]lluwing
unjustifiable interference with navigation and othei' instances:
rights and freedoms of miter States. ILFNCLOSL art
78[I}l'3H 1. A foreign merchant ship by the coastal State in its
internal waters, the territorial sea and the
Island IL'on1:lgII.Lo1.l.s zones for any via lotion oflTs laws;
2. A foreign merchant ship for plraqv;
It is a nature]l],r farmed area of land, aurraunded by 3. Any ship engaged in the slave trade;
water, which 15 ab-mre water at high tide. 4. Any ship engaged in unauthorized broadcasting;
or
NDTE: It can have HE own terrltnrial sea, efxrlusive 5. A ship without nationality or f1.'lrlng a false flag or
E-:una mic :one and r:nn1:inenta] shelf. refusing to show its flag
The continental shelf of an island is refugnizaed. FIag.ufCunvcnIcn4:c [2004 BAR]

However, rocks which cannot su§3in human
hal:llta1:1l::ln at etunamic life shall have no cnntlnenla] It is a national Hag Hewn by a ship not because the
shelfll:lr EEI. ship ar 113 crew has an afflliatiun with the nation, but
because the ]ax ccmtmls and modest fees and taxes
High nr Guan seas imposed by that nation have attracted the D'W'.l"LE'l" to
register it there.
The waters, which dn nut constitute the inlerna]
waters, anzhi pelaglr: waters, lerrllurial sea and [ur+1d¥M4n WPI m'mp*= mmmfvvfl 4111 hnvc* 1
exclusive E'L*DEI'l]IYI1i.E zone of a slate. They are beg."'nd foreign private vessel anehered in a enastal state
the Ju1'i51d1-clirm and sovereign rights -of states.
{urw:LrJ5, AFI. 86,1 Under both Me English and French rules, a crime oil]
he tried Br a local state, if serious enough as to
It is treated as res' communes' Ur Ra: f'ruJ'J'!r.rs', and thus, compromise Me peace of IM part; otherwise be Me
are not part of the terrltury of a particular State. Hag scale, If it involves only the members of the crew
{'U.Nf.'LG5. Art. 89] and is of such a peter nal:LLre as not to disulcb the
peace of the local state.
Fn'prlnm'~1 in Igor' high '44'=r-I
In Lhe F'ren4:'h rule, it recognizes the iurisdiclinn of the
These are the freedom Df: [NDLAI-'S] flag state over crimes cmnnlltted on board the verse]
except 1r the crime disturbs Me peace, order and
1. Navigation; security of the host c[unuy_ In English Rufe, the host
2. Gverflight; country has Jurisdiction m.l'er Me crimes committed on
321
board the vessel unless they 1 n1.l'I:l]1lfe the internal
management of the vessel.
lrlstancfs wh-cn a State ma? Exercise iurisdictiun

nil up-rn 'ipa'4
1. Slave trade;
2. HDI pursuit;
3. Right of approach; and
4. Plraqr.
l1¢1cI"riflp of tllrrt Plrmli*
It provides that the pursuit of a vessel maybe

undertaken by the coastal State whleh has "g-and
reason to believe that the ship has vlnlated the laws
and regulatlpns of that State."
The pursuit must start when the foreign vessel is

within the internal waters, the archlpelaglr: waters,
'Lhe territorial waters or the contiguous :none of the
pursuing state. It may he carried out only bj.r warships
or militargr aircraft, or any other ship or aircraft
properly marked for that purpose.
E1 pmrnr°1 of *lu* Dn¢'triup of l-[nt Puriuir
1. The pursuit mud be commenced when the ship is

wiring the internal waters, territetdal sea nr Me
:nnligueus zone it' the pursuing Stale, and may
l:mljr be mnOnuM outside If Me pursuit has not
been interrupted;
2. It is mntlnu-aus and unabated; and.
3. Pursull conducted by 3 warship, military at n:ra1LIL

or government ships autimrized to that effect
[ur.rcf.FJi Art III
8l.rriva1 ufldtr Etrrw
It refers to involuntary entrance of a foreign vessel on

another state's territor],r which may be due to lack of
provisions, unseaworthiness of the vessel, inclement
weather, or other ease of forte mojeure, such as
pursuit.
PDLITICAL LAW
These arc 'l.'.-'3[E1S enclosed lay the 1. Rights under existing agreement in the part it' the third
archlpelagie baselines, regard]ess states should be respected.
bf their depth or dlstanee from the
l:basL 2. The tradltinnal tishlng rights and other legit:lmate artjvllies
of the immediately adiaeent neighhn:ring States.
Internal All waters (part of the sea, rivers,
Waters lakes, ete.] landwards from the 3. Existing submarine cables laid to other States and "passing
baseline bf the terTltar'y. through Us waters without making a windfall' as well as the
Saverelgtitg,-' over these waters is maintenance and neplaeement nfsueh tables up4:ln being
the same extent 33 sovereignty ever nnt:itlled at their location and the intention tt: tepajr DT
land, and II is :mt subject to the replace them.
rights of i]l[lCI1i'E]l'II passage.
T e r r l t d r u a l Seas El.1'*E d e f i n e d b y
Tenitnrial hlaldrie right DT treaty Iimi13. Guam] states exercise sovereignty El'l.l'El' Terrlmria] sea and it
Sea As defined in the Ednhrelltidn on the e x t e n d s t o the ai r space over the lerT1t-nrjal sea and Le lu seabed
Law of the Sea, it has a unlfu run an d su b so i l .
breadth of 1z miles measured
[mm rJle lower water mark o f t h e
coast.
It is lite zone adiaeerlt tcm the The coastal state does nat have sovereignty ourei the contiguous
E{]l'l'l:iglll'llll.l5 territorial sea. The eomjguous zone zone because the clon1:iguous zone is a zone ofiuclsdictlcm for a
M n c may not extend more than 24 Impart:l-cular purpose, not of sovereignty.
nautical miles beyond the
baseline from which the breadth State may exercise co retro] as is necessary ID:
o-tlrJ1-e territorial 5-ea is measule-rl
1z nautical miles Iron the 1. Preventinfrlngement ofils customs, FlscaL immigration,
territorial sea. or sanltacy laws within lls territory,-' or lls territorial s e a
oc
z. Punish such infringement
I t g i v e s t he coastal State s o v e r e i g n States may exercise; [5~[~D]

rig]1T5. o1.reJ'aII E1IDII1IllTI1iC resources
Excl usi ve of the sea, sea-bod and subsoil in an 1. Ss1.-'erelgn rlghls,
Economic area extending not more than z. Jurisdictional right; a n d
lane 200 nautical miles beyond the 3. ElMer rlghls and duties prnvlded for in the Law of the
baseline from which the terrltoria] Sea E1:ln1.re11tlm1.
sea is moasuned.
[ P l e a s e s e e dIscuss.l'4:m an aighm nfthe cnustul' state In t h e E E Z , p .
5uj
High Seas T h e y are a l l parts nE&1e sea that are They are beyulld the iurissdictlnn and sn'.ferelgn rights ufstate.
nut included in the lerrlturlal sea n r
in the lnterna] waters of a stare. [t is treated as re communes nr r8 m.r{J'aus, and thus, are not part
[Artlr:]e 1, Geneva IEum-'en1:1l::n ] of the territory of a partlcuilar State.
323
4. Hn member of the Tribunal may acl as agent,
counsel nr adnrecale in any ease lLh'l.l'IS'LEI'S. Annex
W, .'§tal!'uteq;'.IT7.n.S', Art :='{2;l;
lntcrnatinnal 'Tribunal for the Law it' Lhe Sea
HI!.1151 5. No merruber of the Tribunal may participate L11 the
decision of any case in which he has previously
It 13 an independent iudielal body established by die taken 'part 33 agent, counsel DT advocate for one
Third United Nations Convention AD the Law bf the of' the pactlei, or as a member of a national or
Sea that adjudicates disputes arising but of the international court or tl'ibullal, or in any other
interpretation and application of the EanventiblL It capaellyr ,g'Lh'l.l'L'LI'J5', Annex W, Statute of 1*TLo§, Arr.
was established after Ambassador Ar'uldb Pardon Malta Hold; and,
addressed the -Genera] Assembly of tbe Unlt'ed Hatlbns
and called Eur "an effective inte rnatibnal regime ever IS. If Eur same special reason 3 member of the
the seabed and lIll.'E3T'l. fla-br beyond a eiearly defined Tribunal should net sit in a particular case:
natlbnal Jur1s»d1t't14Jn". 113 seat is in Hamburg, 3. Member sheuid inform We President of the
Germany. Tribunal fUNELDS, Anne! I-*L Et-stute 4:l»,f ITI.n.S1
Are 8',l'2_Jj'; nr
Part IW of the 1982 UN Edn1.reJ11:iun D11 the Law of the b. President should give We member nntiee
Sea requires States to settle peacefully any dispute aeenrd ingiy. fancies Annex I-"L Statute no'
mneerning the Ednventitm Failing a bilateral ITLQS. Art. 8{31T_,I'
settlement, it prdvldes that any dispute shall be
submitted fur eldmpILLlsdrl.r settlement to IIITLE of the NUTE: Any doubt shall be resolved by decision of 'the
1:ribl1.Lnals haudng iu1'i5dit't:l-dn. fuwcuzrs Art 286] maira1ity -of other members of We Tribunal present
These include the 1TLtls, t1l1e International Euurt of {r..wcL of Annex WL Ar'bln':mon. Art F, 81
Justice [I[:l]. and arbitral DI' special arbitral tl'1bunal3
ednstituted under the UNCLIIIS. Members eniny dlplumath: privileges and lmmunltiu
[URL rJ5 Annex I-"IL AII'bIn'n'non, Art III)
The ITLo5 is composed of 21 independent members
elected by the States partied to the UNELD5 from The* it-er Pliiliwwinv SPY Fai:
among persons with recognized competence in the
field of Me law of Me sea and representing the 14r~gum::nl3 of Lhe Republic nithn Philippines [EP] :
principal legal systems of the world.
1. Declarations that the Philippines' and Ehlna's
respective rights and obligjatio ns in regard to the
waters, seabed, and maritime features of the
Its iurlsdielinn comprises all disputes and all South china Sea are governed Br the UNELDS;
applications submitted to lt and all matters and that Ebina's claims based DT1 "historic rights'
specifically provided Eur in any either agreement encompassed ii-min lLs so-called "Nine-dash
which eunfers Jurisiiictiun to We T1'ibu:l1aL Line" are inconsistent with the unctos and
therefore invalid;
R111 p'-2 with r-rgard re mvlrllwwhip in the' Trih UW 2. Determinations as to whether, under the
uncLes. eer taln maridnie features claimed by
1. No two menlbers of the Tribunal may be both states are properly characterized as islands,
nationals of the same State fUNCLQ& .*l.n::lex w, rocks, low tlde elevations, or submerged banks.
Statute 0,ffTt,0_9,An; 3{I.Jj': The Philippines claims in particular diet
Scarborough Shoal and eight of such features in
NDTE: The person shall be deemed to he a the Spradys are low-tide elevations or
national of the one in which he nrdinarlly submerged banks tlhat merely generate a
exercises l:i1.rll and pullliea] rlgh13. Hbjdj territorial sea [T5]. not an exclusive economic
:one {EE2] or continental shelf 1ES1; and
2. There should be ne Fewer than three members
3. Declarat:lons that China has violated the UN-ELDS
from each geographies] group to be established
by the LIN General Assembly' gunmirri Mnnex w,
Br interfering with the Pbillppines' sovereign
Etunete l5j"fTLD5,r4rt 3ll'3.U;
right and freedoms, through construction and
fishing activities that have harmed the marine
environment.
3. No member of the Trlbunai may exercise any
poli1:leal or admin lslratlve fum:tlm1. ar associate
aellvel.jl,r with or be Enanciallyr interested in any of Ar~gumnnl3 of dle Pens]e's Republic of China
the operations of any enterprise concerned with [PRC]:
the exploration for or exploitation of the
resources of the sea or the seabed or other Ehlna :untested the Till:luna]'s iu rlndictlnn -in the
eommerelal use of the sea or Use seabed lUNEL8£ following grnunuis:
Annex 1-T. Statute o.l'ITLo.'§'. Art. Ffljj;
PDLITICAL LAW
1. That the essence of the subiect- matter of the Tril1 unLal's llcdsiuu an the Marin of the
arbil:rat:lon is the territorial sovereignty over Philit1Hinp'4' "`l'-lim
several maritime features in the South China Sea
{5CS1, which is beyond Me scope of' the 1. The 'ume-dash line' and E]'Llna's claim to hlsmrie
Convention, and does not concern the rights in the marline areas of the South [Lhlna Sea
interpretation or application of the Eonventlon ;
2. That the two countries have agreed, through I-'1f'.I':letJ':ler China has hB'l5nn'4:' rqgnu to resaunes In the
bilateral Instrument and 'Lhe Declaration on the Ennrrfi E:l'1-ina Eau Beyond the umm: of the maritime
Conduct of Parties in the sts, to settle their zones that it E entitled to ,pursuant Ra the Ean mention
relevant disputes through negotiations. Thus, the
Philippines' resort to arbitration is a breach of ins * Based an the history of the Eonventlon and its
obligations under international law; and provisions concerning maritime EDHES, the
Convention was intended to oomprehe:r1slvelj.r
3. Even assuming, arguendo, that 1j'Le subject-matter
allocate the rlghis of States to maritime areas.
of the arblb*atlon were concerned with the
interpretation or application of the Convention, The question of pre-endstlng rlghm to resources
that suhject- matter would constitute an integral was considered during the negotiations on the
part of maritime dell m1tat:lon, which is covered creation of exclusive economic zone and a
by Chlna's zoos declaration excluding maritime number of States wished to preserve historic
delimitation from lU acceptance of compulsory fishing :lights in the new zone: this position was
dispute settlement procedures under the rejected; the final text of the Eonventlon gives
Lructos. other States onl_=,r a limited right of access to
fisheries in the exduslve eoonomlc zone and no
Award un [urisdictinn and Admissibility
rlghu to petroleum or mineral resources.
Ehina's claim to historic righls to resources was
The Tribunal found that the submissions of the lnoompatlble with die detailed allocation of
Philippines did not per se involve disputes c-onclerning r1,ght.s and maritime zones in the Convention: Mat
sovereignty or maritime boundary delimitation, China had historic rights to resources in South
which are among the issues that may be excluded by China Sea waters, such righTs were extlngu lshed
States Hom the subject-matter Jurisdiction of when d'Le Eonventlon entered into force to the
compulsory dispute settlement procedures entailing extent that they were lnoonlpatible with the
binding decisions under the UNELD5. However, this Eonventio n's system of maritime zones
exclusion of the issue of sovereignty or maritime
boundary deli niltation is premised on the Pl'dlipplnes' I-'I-"-'JetJ'Jer-!Jli'I'la at:tuafl[}r had hrsfnnc r1}gtl8 in resnnrrces
position that the features claimed by China belong to in the Enurh CMM S-'ea prkrr Ra the entry [nrnfnrce of
the Philippines; are low-tide elevations or rocks only the Camrenrian
that do not generate either a Territ-orlal Sea [TS], EEG.
or a Continental 5l1elf {ES], or EEZ or a to only; and Prior to the Convention, the waters of the South
that as such, in the case that anyfsomefall of Wiese China Sea beyond the territorial sea were legally
features are found to belong to China, the maritime considered part of the high seas where vessels
entitlements they will generate, if at all, will not from any Stale can fish and navigate.
overlap widi the Phillpplnes' cum maritime
Historical navigation and llshlng by China in the
entitlements..
waters ofdhe South China Sea were an atercise of
high sea freedoms rather than a historic right;
The above reasoning will also determine whether' there is no evidence that Chlna had historically
China acted unlawfulljr with respect to the enioyrment eserclsed exclusive control over the waters of the
of the Philippines of ins rights, and the obligation to South Ehina Sea or prevented other States front
protect and preserve the marine environment, within
exploiting 'Lhelr resources.
the disputed areas. The Tribunal also acknowledged
that other findings on the merits may preclude HE Between the Phlllpplnes and China, there was no
jurisdiction, where fishing and fisheries related law legal basis for China to claim historic rights to
enforcement, and military activities, may be in issue. resources, in excess of the rights provided by the
With respect to the Scarhorouglt Shoal, however, the Convention, within the sea areas falling within
Tribunal found tl'Lat the exceptions under Art 29? and the 'nine-dash line'.
ala cannot oust it of Jurisdiction, given that the
activities complained of involve traditional fishing z. The status nffeatures in the South China Sea
rights and osier events occurring in the terrltdrial sea,
a maritime area over which the said provisions have I-'I-.Illether -rertrzrin aura! MIS calmed by Ehlnu are nrare
no applicatl-on. nut above water at non tide
Fir all.'l,f. the Trlhunal asked the Phlllpplnes la clarify ArId. 13 and 121: features that are above water at
the eantent and narrow the scope of lLs last high tide generate an entidenient m at least a 1z-
submlssll::n. requesting a declaration that 'China shall nautical nll]e territorial sea; features that are
desist from further unlawful claims and aL'1:lviTjes.' submerged at high tide generate no entitlement
III maritime zones.
325
Many of the reefs in the South [:]'Lina Sea have The Eniwentiun does nut provide for a group of
been heavily mndifled by recent land redamatinn islands [such as the Spirally Islands] to generate
and ennatruetlnn; the Convention dasslEes maritime annes mlleetively as a unit
featu res -an the basis of their natural cnndiNan.
EI.ra]uation of features based on the assistance of 3. Chinese activities in the South China Sea lawfulness
an expert hydrographer and ar\:hi1.l'a] materials -of various Chinese and-uns in the South China Sea
and historical h1.fd1'ograp]'Llc surveys. under the Convention
- Scarborougii Shoal, lohnson Reef, Euarteron
Reef, and Fierjl.r Crass Reef are high-tide Because Mischief Reef, Second Thomas Shoal and
features, and Reed Bank are submerged at high tide and are
not overlapped by any posslhle entitlement of
- sum Reef, Hughes Reef, Mischlef Reef, and
China, they Hom part of the exclusive economic
Second Thomas Shoal were submerged at zone and continental shelf of the Philippines; the
high tide in Meir natural condition
Convention is clear in allocating sovereign rlghlls
But Gaven Reef{Hort'.h] and I-'IcKennan Reef to the Philippines 'lnrliil respect to sea areas in its
are high-tlde features exclusive economic zone.
China had violated the Phi]1pplnes' sovereign
I-'I-'Nether any of the teetures efefmed by China eeufd rights with respect to is exclusive economic zone
generate an entitlement to mnritfme zones beyond 12 and continental shelf: China had a] interfered
nnutitcrf miles with Philippine peo'o.leum exploration at Reed
Bank, IJ] purported to prohibit fishing Br
Philippine vessels within the Philippines'
Art 121 of the Ednventlan: islands generate an exclusive economic zone, c] protected and failed
entitlement to an exclusive ecdnnntlc an ne ur2F:ln to prevent Chinese fishermen from fishing within
nautical miles and to a ee-ntinental shelf, but the Philippines' exclusive economic zone at
racks which cannot sustain human habttatiavn or Mischief Reef and Second Thomas Shoal, and d]
ecdnemlc life of tltetr own shall have :l"l.D exclusive constructed installations and artlllcial islands as
eccnemlc zone DT eentlnenta] shelf - closely Mischief Reef witho'LLt the authorization of die
linked lc the expaitsicn of coastal State Philippines.
iurlsdlctldn and intended to prevent insign lflcant
features from generating large entitlements to
Tmdltinnaf Hshlny at Scarbumugh- Shoal
maritime zones that would infringe i n
entitletncnls of inhabited terrlmry or on high
Fishermen from both China and the Philipplnes
seas and the area of the seabed reserved fm' the
and from other eountrles had long fished at the
cdmntnn heritage nfmanld nd.
Scarborough Shoal and had traditional fishing
Entltlernenm of a feature depend on the a] rights in the area
objective capacity of a feature, to] its natural
Scarborough Shoal is above water at' high tide so
cdndttlnns to sustain either c] a stable
it generates an entitlement to a territorial sea, its
cdmmunitjr of people ar d] eeunurntc actlvltlr that
is neither dependent en eutslde resources nor surrounding waters do not form part of the
purely extra-cdve in nature. exclusive economic zone, and 1:l'adlt1onal fishing
rights were not extinguished hj.r the Convention.
Even tf ntanv of the features are currently
Ehina had violated its duty to respect the
controlled h1,r one or other of Me littoral States,
traditional fishing rights of Philippine fishermen
which have constructed installations and
maintained personnel there and have been be halting access to the Shoal after May2012.
lnodllled to improve their hahltabllicj,-' [he [land
reclamation and oonstrluction of lnfrastructutel, Effect arCh[na's acts-uns DFI the marin-9 environment
the c\LLrrent presence of oMcial personnel on
many of the features does not establish their [1hina's large scale land rleelamatlen and
capacity, in their nallLral condition, to sustain a construction of artlfidal islands at seven features
stable community of people and considered that in the Spratly Islands has caused severe harm to
historical evidence of habitation or economic life the coral reefenvlrdnment
was more relevant to the objective capacity of the China violated its chiigatiuns under Articles 192
features. and 194 of the Eunventtcn to preser'l.re and
Temporary of use of features [as in he small protect the marine environment with respect to
groups of Chinese fishermen and from other fragile ecosystems and the habitat of depleted,
states in the Epratly Islands and japanese llshlng threatened, III r endangered species.
and guano mining enterprises] did not amount to Chinese fishermen were engaged in the
inhahita1:ion be a stable community and that all harvesting of endangered sea turtles, corals and
historical economic act11rit].r had been extracdwe giant clams in a substantial scale in the South
i11 nature. China Sea using methods that inflicted severe
All high-tide features in the Sprady Islands are damage nrt the oral reef environment; [:]1inese
legally "racks" that do nut generate an exclusive authclritles were aware of these and failed to
ecnnonllc zone nr on nlinental Shelli
PDLITICAL LAW
fulfill their due diligence obligation under the Enunt of .4.l"birmtIu-n Beware the Arhftral Tribunal'
Gcmvenlinn to stop them nnnsdtured under LFNCLUS Annex 1-TL }u{.jl.* 12, 2016,
muse hnelFprnvIded by UF Law Institute Jlitn' Maritime
Ll:lwfu fn8s of conduct of Chinese [uw enforcement .4,§"elrs and Lew n.,f tne5e1:!}
uessels -at Seurbnrcrugh Shea! In april' -and May 2012
I "»
| 1 . -1 I I
[Chinese vessels sought to physically obstruct 'L |.
I
Phillpplne 1.-'essels from approaching Ur gaining

entrance to the Shall]' Internalj-onal Environmental Law is a branch of public
international law which is eoneerned with the attempt
Assisted by an independent expert on to wnD'o] pollution and the depletion of nature]
navigational safety and expert evidence cm resources within a framework bf sustainable
navigational safety provided by the Philippines. development It r:o1.rers topics such as population,
blod11.rersit'j,-', climate change, CIZDJIE depletion, tmcic
Chinese Law enfonzement vessels had nelpeatedly
and hazardous substances, air, land, sea and
approached the Philippine vessels at high speed
tr'ansboundar.gl.r water p-ollutlon, eonsenratlon of
and to cross ahead of them at close distances,
marine TESDUFCES, deser unification, and nut:]ear
treating serious risk of enliislon and danger to damage. ;'Lblcs'hmnn D. Gun.lsw.l:rm.y. lntemntionai
Phlli ppi ne ships and personnel.
EnWronmentni Law in n Nu8ileH. [lil-'est so editibrt
China breached lU obligations under d1e 20I?;,1.
Gonurention on the Internatinrial Regulations fer'
Preventing Eollisinns at5ea [19?2]. and Art '94 of ul'll!i!llll'l
the Convention eoneernlng maritime safety.
4. Aggravatl-nn of the dispute between the parties Snuckhulm Du:-claratifm
1.-'l.l"hel'her China? re nt large-scare and red'ama1'ia.r: The Star:k]'LI::]m Declarator-nn, nr the Declaration of the
and ransrruatlan aj'art§tT4:'la{ Mono; at sawn ,I%atr.rre5 United Nations Eunferenee on the Human
In the _'i'pmLI'y lianas since the commencement as' the Emrimnment, was adopted on lune 18, 19'J"2 in
arbitration had aggmuatad the dispute between the 9taekhalm. Sweden. It cnntalns 25 prlneiples and ma
Panties recommendations regarding the PTE§El"lll8'ljDI] and
enhanlzemeltt of the right m a healthy emrlrunment
Parties engaged in a dispute settlement
procedure have a duty to refrain from Principle 21 nithc Stmrl-Lhnlm Dcclaraijnn
aggravating DT efxnendlog the dispute DJ' disputes
at issue during the pendency of the settlement This declares lhat5t3tes have:
process.
1. The sovereign right to exploit their DWI1
China has a] build a large artificial island on
resources pursuant to Meir own environments]
Mischief Reef which is within the exclusive
ecnndmie Anne of the Philippines, IJ] caused policies; and
permanent harm to the ears] reef eelnsyste m, and 2. The responslbillqr lo ensure that activities within
c] permanenltlv desuuyed evidence of the nalllra l their jurisdiction or control do not cause damage
enndltian of the features in question. to the enutmnment of other States or of areas
beyond the limits of national im'iMlcdon or
China violated in nbligatinns ld refrain from
aggravating di' extending the Parties' disputes otherwise known as the Good Heighborliness
Principle. {5'onmlento, 2EJ'D?}
during the pendency of the settlement process
Principle 21 of tile Stackhnlm Dcclaraljuo is a Nan

5. Future conduct of the parties
of rl,l,qTn[n:ll'llg' [rl H
PMfI.pp.lnes request Jlitrr deeturutian that Chine she!!
respect the ngh-I3 and ,I'i"eed'oms of the Fhiiippfnes and
The Court recognizes that the environment is daily
under threat and that the use of nuclear weep-ons
enmpfv l.wt!1 Jo duties under the Ennventinn
could eonstltute a eatastr-ophe for the environment.
The Court also reoognioes 1:hat the environment is not
Beth Me Philippines and China have accepted the
an ahsl:l'ar:tion but nepresenu Me I11.-'ing spare, me
Gdnventiun and general obligations of good faith
define and regulate their l:tlndueL quality of life and the red-' human beings, including
generations unborn. The exlstenee of the general
The rant of the disputes at issue in this
arhll:rat:lan lies not in any intention of any Party ohllgatlon of States to ensure that aetlvides within
their jurisdiction and 4:ont:rol respect the en1.rI mn rent
to infringe an the legal rights of the other hut in
the fundamentally different understandings of of other States or of areas beyond national oontml is
their respective rights urtder the Cnnwntlnn in now part -oflthe -corpus of international law relating to
the emrimnment [III Ar:i'l.'is-ory Erpfnion on the Legoiigr
the waters f e South China Sea
of the Threat or Lise o,F.hF1.rd'-eor Weoporls, July 8, 199-Ej
[The Republic 0.f the Fltlilpplnes V. The People?
Hepubfir: l:lf f.'J'IIne., Ease Nu. 2013-19 In the Permanent
32?
xvII. PUBLIC INTERNATIUNAL LAW
Pl'iI1IIiPIc of Commall but Differenuatcd modified eggs]anL The SE is the First in the world m
Fp'=p'm1il1ilit'lr adapt the precautionary principle regandlng GMD
prndum in in deelsinn.
Thus principle requires the protection of spedflod
emflrollnlental l'E9Dll1'llE gr area as CDITIIIIDIII When there is lack of full sclent:ll'lc certainty in
responsibility but takes into account the clllferzlng establishing 3 causal link between human activity and
clrcumstanoes of certain States in 818 discharge of emrlronmental effect, the court shall app]],r the
such responslllllitles. [Framework L'-onu'entaon on pre-cauti-onar.8r principle in 1'eso]1.-'ing the -case before II,
Climate Eharqgg Art 3{/1j The constitutional right If the people la a balaJlced
and healthful ecology shall loc given die benefit If 'Ll'Le
It is also embodied in the Rio Declaration which doubt [Rule 20, See. 1, Rules of Procedure for
states: "...In view of the different c-on1:rlbut:1ons to Environmental Bases; [International Eenrice liar the
global elwi:ro11mental degJ'adat:lon, States have .*its r.rlslltlon of Mar]-biotech Apply-cotilor:rs., inc H
common but differentiated responsibilities. The Greenpeace Southeast Jlsio' Pillllp-.oin es, ER. No. 20s2r1.
developed eountrles acknowledge the responsibllityr IvO' 26, 2816).
that they bear in the intemationa] pursuit to
sustainable development in =.flew of the pressures Q: HAPUEUR hegao constructing steel towers to
their socle1:ies place an the global en'ul moment and of support overhead high tension cables in
the technologies and financial resources they connection w i l l i13 5ucat-Araneta-Balintawak
command.' (Rio De-l:'1'oroNon, Principle ?,T Power Transmission Pcolect. Resident of
Dasmarifias 'Jillage were alarmed by the sight of
-liz*=lll;llkilll&MI1¥'ial:llEl*iiil; the towecing steel to we rs a n d scoured the
internet DH Me possible adverse health efllecls of
Principle 15 of the R:la» Declaration, eummunlg.-' known such structures. They got hold of published
as the Precautionary Principle states: articles and studies lining die incidence of a
fecund of illnesses to exposure to electromagnetic
111 order to protect the environment, the fields. The illness-es range from cancer to
precautionary approach shall be widely applied by leukemia.
States aeoordlng to their eapahilities. Where there are
threats of serious damage, Iaek of full seientlfh: Petitioners liI.ed a cn-n1pIaint fer the Issuance of a
certainly shall not be used as a reason for postponing TRD and,*'nr a Writ of Preliminary Iniunctien
cost-effeetlife measures to prevent emdnonmental against NAPDEDR. This was granted by the trial
degradation. erfurt. The Court of Appeals reversed Me order,
holding that the p-rnsa'iptinl1 on iniunMom
HUTE: Thls principle adv.-:ales that the pulen1:ial against infrastructure p-rnierls of the government
harm should be addressed even with minimal is clearly oiandahed by See. 1 it' P.D. 1B1B. Is the
predietabllity at hand. The PreeaLLlinnar],r Principle issuance of a Writ it' Preliniioary Iniunetinn
requires a high degree of prudence in the part of the justified, despite the mandate -Ni P.DI. 1B1B':r
stakeholders. Dedsiun makers are nat only mandated
m ar:ll:1:lunt for selendfic uneerlaintgr but can also take A; Whetlrer there is 3 uinlatiun of pe1:it1l::11ers'
positive a4:tlrJn. et, restrlet a pruduel DT aL'ti1.riq.r even euns1:itu1:ienal]3-' protected right to ]1ea]th is a question
when there is selentiflr: uncerlaj no.-'_ of law that invested the trial erfurt with Jurisdiction to
issue a TRD' and 3l.LI:l51equen1i],r. a preliminary
Under Rule an of the Rules of Procedure for lnjunclimt. This question of law dl1.res13 the ease from
Emrlrhnmental Cases, the PreeaLLtll::na.ry Prlneiple is the protective mamie of Presldential Decree Hn. 1318L
adapted as a rule of evldenee. The Supreme C::urt's
al:ial:+1:len of Use P reea1.L1:ianar.1,-' Prlnelple in the newly Theme is adequate evldenee an record to justify the
promulgated Rules of Prneedure for En'ulr-nnmental elunelusi-un that 'Lhe prnjeet -of NAPIEIEDR probably
Cases affords plaintiffs a better ehanee of pmvlng imperils the health and safety of Me petitioners so as
Il;l'Lelr cases where the risks of emrlmnmental harm are to iustlfjr the issuance by the trial enurl of a iwlt of
not easy to prove. preliminarylnjunMnn. The health ecmeems are at the
very least, far from imaginary.
BT TaI4:mgEa§:c
In hindsight, if, after trial, in turns but that the health-
Greenpeace Southeast Asia and farmer-sclentist related fears that petltloners cleave an to have
ooalltion MASIPAG asked the EA to amp the planting adequate eonhrmatiorl in fact and in law, 'the
of BT {Bal:i]]us t]'LuJ'ingiensls] talons in test fields. EA, questioned proieet of NAPDEIIJR then suffers from a
elting the pre1:autionar'y principle, granted die pauelty of purpose, no matter how noble the purpose
petition. EA stated that 'when human at't1'.rities may may be. For what use will modernlsatlon serve if it
lead to threats of serious and lrre1.rersible damage to pro1.-'es to be a scourge on an i11d11.ridual's fundamental
the emrimnment that 1r sl:ien1:ifleaLl.'l.f plausible but right, not just to health and safety, but, ostensibly, to
uncertain, actions shall he taken to avoid or diminish life preservation it3elt in all of HE desired quality...
the threat". The SE permanenthr stopped the Held [Hernandez u. nttaocoa, ER. No. 145328, JI-:Forth 23,
testing for BT Taiong, upholding the decision of the EA 2886]
which stopped the held trials for the gene1:il:alIl.r
PDLITICAL LAW
Pn[1l1Ilr~[' pay'-; PTi.R'E'i.[llP
It means that Brie party responsible for producing the

pollutants must bear responsll:dlltjl.r for shouldering
the costs of the damage done to the environment. It is
expressly stated in Principle 16- of the Rio Declaration
an Environment and Development: 'National
authorities should endeavor to promote the
internalization of environment usu and The use of
economic lnstr1.LnlenE. taking into account the
approach that the polluter should, in principle, Oear
the cost of pollution, w1U1 due regard to Me public
interest and without distorting international 1:l'ade
and investment". [RI-o Declare son, .Principle 16]
329
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2021 Golden Notes - Political Law

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G

Address: Academics Committee

Tel. Ne: (02) T31-.102?

No portion of this material may he copied at reproduced in hooks, pamphlets, outlines

Released in the Philippines, 2021.

HRIIA num B. N»1AL.4.LUAN Cl-LAlRPERSDN

ATTY. AL CONRAD B. ESPALDIJH

MARIA FRANCES FATE R. GUTIERREZ SECRETARY GENERAL

POLITICAL LAW COMMITTEE 2021

FRANCINE ELAISE M. L0]A ASET. HEAD' PDLITIEAI. Law

ATTT. AL CDNRAD B. ESPALDDH

AAA DDMINIQUE 5. CAFAHAS SECRETARY GENERAL

POLITICAL LAW COMMITTEE

PATRICIA ELMRE LTMAI I AEST. HEAD FDLITICAL LAW

ATTY. AL CDNRAD B. EEPALDDN

ATTY. NIL() T. IJWINA REV. FR. ISIDRI] C. Al3An"0, 0.P.

ATTY. ARTHUR B. CAPILI

ATTY. ELGIN MICHAEL c. PEREZ

IUDGE PHILIP A. AGUINALDI]

LENY G. GADIANA, R.G.C .

justice Amy Lazarus-lavlr

justice Dswaldn D. Agcanili

ludga Charity M. Salli

Atty. Carla L. Cruz

Atty. Enrique V. Dela Cruz

Atty. Rene B. Gurnspe

Atty. 'Victoria V. Lnanznn

Atty. Rafaelita M. Garayhlas

Atty. Anicia C. Marquez

Atty. Edwin R. Sandoval

Atty. Mauricio C. Ulep

THE RISK OF USE OF THIS BAR

[. THE 1937 CUHSTITUTIDH. 1

II. Bnslc cm4cEpTs- 3

[1]. NATIONAL TERRITDRT.. .29

v. LEGISLATIVE DEPARTMENT u .34

1. P REEIDENTIAL IMM u NIT'l' .. ..al]

c. PD'll"l.I'ERS CIF THE PRESIDENT- ..E»4

1. GEN EP..-aL EXECUTIVE AND ADMINISTRATI'-.rE POl."LI'ER5 _ ..ET

2. Pl:]'ll'l.I'ER DF APPUIHTMEHT.. ..ET

EL LIMITATIDNE DN THE EXERCISE ,i P[}W'ER DF AP PDI NTHENT .. "EE

C. TYP ES DF APPD INT MENT.. ..E5

3. P4:]'ll'l.I'ER DF CGI'-ITRDL AN D supER\r1smH _ ..6'.1r

a. DUCT RINE DF QUALIFI ED POL1TI::AL AEEHEY ._ ..E~El

C. LDCAL GWERNMEHT l]NITS_ ...as

4. E MERGENCY PD'l."LI'ERE.. ..69

5. COMMANDER-IN-CHIEF PDWERE.. _.EH

a. CALLING GTJT PDWER5 _ ..69

8. PD'll'l.I'ERS RELNTlVE TD APPR9PMTlNN MEASURES.. ..'II'l5

9. DELEGATED PDWERS.. .3-'r5

11. '!1tETD PDWER5.. . . T7

all. ]I.l]]III ML IIEPARTH EHT.. J8

am. ED NS-'TITUTIUHAL CUT-'IT-'IISSI DNS... .BT

lx. BILL [IF RIGHTS.. ~.91

K. Law DH PUBLIC DIFFIEERS. .144

al. 141] HIN[5TRATI'l!'E LAW.. 181]

all. ELECT] DN LAW . 195

xiv. NAT[UHAL E'E'DH'DH'l' AND PNTR1r»1M4Y.. .252

xv. SCIEIAL ]I.l5TIEE AND HUMAN RIG HTS _ .IBM

xvi. ED UCATIDH, sclEnc E. TEEHNDLDET, ARTS, EU L'l'l.lRE AND SPDRTS u .263

xvii. PUBLIC INTERNATIDHAL MW- .265

.a1EMI"Ii*=la!El'l'I'MEI'=l=lII'l£l'*HI-1ll\lllI*I»El 1. Lll:leJ't'j,r - pltwisians prencrlbtlng the Fundamental

UNIVERSITY DF Samru TDHA5

.a1EMI"Ii=la!El'l'I'MEI'=l=lII'l£l'HI-1ll\lllI*I»El 1. Lll:leJ't'j,r - pltwisians prencrlbtlng the Fundamental

XPH: 'l."L"'here a Law nr nrdi11anr:e has been enacted _'I=4Mi4i1I'I~'1Ii=IILllI44;

am: T1prw1'1 Mann mf- fnllnwinra f11lali[ir=\tiuni -~laI»:4=~-|'I .!I'l'1!|"1Il'1lll!f4=4»"TL*I"-

"nrfnula mnfurlatrd to Il'lp 1T~'m'4Iitl1Iilr+u To 3% r11'r1h=a1d at 1"p:!aIr1'1 hr =\1l=:lr=lrTnn of