POLITICAL LAW

by Sandoval

 Political Law
- Fundamental Principles;
- Structure of the Government
 Constitutional Law
- Bill of Rights;
- Powers of the State
 Ombudsman; Election Law; Public Corporation; Local Government Unit;
Public International Law; Public Officers
 Constitutional supremacy – law or contract must be declared null and void for
violating the supreme/paramount law of the land; deemed written in every law or
contract
 Self-executing – no need for an enabling act of the legislature, i.e. ARTICLE III
Bill of Rights
 Non self-executing – need an enabling act, i.e. ARTICLE II Declaration of
Principles and State Policies; ARTICLE XII National Economy and Patrimony
- Unless otherwise provided, laws (all provisions) enacted by Congress are
presumptively self-executing
 At present Philippines is a unitary state, and there is a proposal to shift into a
federal state
 ARTICLE XVII Amendment – piece meal change; Revision – overhaul of the
Constitution
- Quantity test – how many provisions affected; to determine whether there is
an amendment or revision
- Quality test – the change of the system of the government from democratic-
republican system to parliamentary federal system – there is a union of
executive and legislative branch of the present government
 Stages:
1. Proposal
- Proposal by:
a. Congress upon vote of 3/4 of all its members, acting as Constituent
Assembly;
b. The Congress by a vote of 2/3 of all its member call a Constitutional
Convention (a body separate from Congress itself, whose members are
respectively elected directly by the people of their legislative district) OR by
a majority vote of all its members, submit to the electorate the question of
calling such convention;
c. By the people through initiative upon petition of at least 12% of the total
number of registered voters – every legislative district must be represented
by at least 3% of the registered voters therein)
2. Ratification thru plebiscite by the majority of the people
 ARTICLE VI SEC. 23 Par. 1 – Declaration of the existence of a state of war –
Congress in a joint session, voting separately
 Jurisprudence: People’s Initiative pertains only to the amendment of the
Constitution
 People’s Initiative through petition (signature gathering) – not self-executing
provision of the Constitution – there must be an enabling act of the Congress – the
RA 6735 The Initiative and Referendum Act

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 1. Initiative dealing with the Constitution – implementing rules of ARTICLE XVII
SEC. 2;
2. Initiative dealing with the Statute; and
3. Initiative dealing with Local Legislation
 ARTICLE I National Territory:
1. Philippine Archipelago and all other territory which the Philippines has
sovereignty or jurisdiction
- Spratly Islands a.k.a. Kalayaan Group of Island located in the West
Philippine Sea, is included in the 200NM EEZ from the baseline of the
Philippines under the UNCLOS
- Treaty of Paris – Spanish government ceded territories to American
government, that is the Philippine Archipelago
2. Waters around, between and connecting the archipelago are internal waters of
the Philippines regardless of their breadth and dimension form part of the land
domain of the State – that is called adherence to the Archipelagic Doctrine
3. In relation to Public International Law. Component of Territory: (a) Land or
terrestrial domain i.e. ports, canals and rivers; (b) Fluvial or maritime domain;
and (c) Aerial domain – Innocent passage can be invoked only over maritime
domain, never in aerial domain of a particular State
 Modes of Acquiring Territory (Land Domain):
1. Discovery and occupation of territory which is Terra Nullius;
2. Cession – through treaty – a derivative mode of acquiring territory
3. Prescription; and
4. Accretion
 Doctrine of Effective Occupation – the discovery only grants inchoate right to
the discoverer. Effective occupation is necessary
 Fluvial/Maritime Domain:
1. Territorial Sea – 12 nautical miles from the baseline – State has full sovereignty;
2. Contiguous Zone – 24 nautical miles from the baseline – State has jurisdiction
over customs, fiscal, immigration, and sanitary rules;
3. Exclusive Economic Zone 200NM from the baseline; and
4. Continental Shelf 350NM from the baseline – State has sovereign right to
exploit the seabed, subsoil, and other living and non-living submarine area
resources
- Beyond the 200NM EEZ is the high seas – Res Communes – Regime of
Freedom of the High Seas. Form part of common heritage of all mankind. Not
subject to occupation by any State.
- Freedom of Navigation – the most continuous and expeditious passage in the
open sea
- Fundamental Freedom over:
a. Navigation or flight;
b. Fishing;
c. Mining;
d. Laying down of water cable; and
e. Scientific research.
 Jurisdiction over a vessel navigating on high seas:
1. Flag State – nationality of the vessel. Can be determine on the registration
thereof.
2. Exception:
a. Pirate ship – enemy of mankind. Any State may assume jurisdiction;

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 b. Vessel engaged in slave trade;
c. No flag or using False flag. Refuse to show its flag if required to do so;
d. Unauthorized broadcast against another State; and
e. Under the doctrine of hot pursuit
- The subject in hot pursuit is a vessel, i.e. a foreign vessel that enters a
Territorial Sea of a coastal state may be pursue all the way to the high
seas
- The coastal state has reason to believe that a particular vessel entering the
Contiguous Zone i.e. Scarborough Shoal a.k.a. Panatag Shoal/Bajo de
Masinloc
 Aerial Domain – a State has exclusive sovereignty. No right of Innocent Passage
is recognized, except through Treaty
 Passage is innocent if during the passage no harmful done or violation of maritime
law is committed
 Outer Space – “Res Communes”. Common heritage of all mankind
 RA 9522 – New Baseline Law pertains to Archipelagic State. Demarcation of
maritime baseline. As far as international law is concern, it is a notice to the whole
world that Philippines is a baseline archipelagic state. Other States must recognize
and respect such law
 ARTICLE XVI SEC. 3 – State immunity from suit. The State cannot be sued without
its consent
 ARTICLE II SEC. 2 – The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations
 “Sovereign Equality” – All State are sovereign equal
 A State can sue, provided it waives its right expressly or impliedly
- Express Waiver – by general or special law. Only Congress through enactment
of a law may validly waive the immunity of State from suit
- A mere lawyer cannot validly waive the State immunity from suit
 Act No. 3083 – An Act defining the conditions under which the government of the
Philippine Islands may be sued – the Government of the Philippine Islands hereby
consents and submits to be sued upon any moneyed claim involving liability arising
from contract, expressed or implied, which could be serve as a basis of civil action
between private parties
- Must first file a claim before the Commission on Audit
 Implied Waiver:
1. State commences an action against a private person. It is susceptible for
counterclaim – must answer with counterclaim.
2. State enters into a contract with private person. Conditions under Restrictive
Waiver of Immunity:
a. If its enter in its sovereign or governmental capacity – no waiver, cannot be
sued;
b. Commercial or proprietary capacity – implied waiver, can be sued
 Suability – a matter of immunity of a State
 Liability – a matter of applicability of the law
- In suability it extends only to the rendition of judgment, another waiver is
necessary for the execution of the judgment.
- “Execution” means fruit of the litigation

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 - The remedy of the winning litigant is to lobby with the Congress to appropriate
an amount to satisfy the judgment
- In case of adverse action of the Congress, the applicant may compel the
Congress through Petition for Mandamus. The government must be the first to
obey the judgment which attained finality. Discretionary duty cannot be
compelled by such petition, however, in cases where the judgment against the
government attained finality, it is converted into ministerial duty that can be the
subject by the petition
 Funds of University of the Philippines (UP) is public in character, based from the
purpose of their creation.
- Cannot be the subject of Writ of Execution.
- Suability does not mean liability
 Public officers in the performance of their official duty/official capacity can invoke
the state immunity from suit, since such officers are considered agents of the State,
except those unlawful/injurious acts done in the performance of their official duty
 Mendiola Case – the acts committed by the public officers are in the course official
function or during their tenure, thus lawful. However, subsequently becomes
unlawful and suable in their personal capacity. The unlawful acts are considered
not in their official capacity as public officer
 Tubbataha Reef Case: Under Customary International Law, foreign vessel or
embassy is regarded extension of a State territory. One State cannot sue another
State on the ground of lack of jurisdiction and “Sovereign Equality”
 Visiting Forces Agreement (VFA) is a treaty that pertains only to the waiver of
criminal acts committed by American soldiers in the Philippine territory
 FUNDAMENTALL PRINCIPLES
 ARTICLE I SEC. 1 – Philippines is a democratic and republican state; Sovereignty
resides in the people and all government authority emanates from them.
- In relation to ARTICLE II Accountability of Public Officers – public office is a
public trust
 Characteristics of Public Office in a Republican form of government:
1. Public office is a public trust – a mere privilege, no vested rights;
2. Not inherited;
3. Outside the commerce of men – cannot be the subject of a valid contract; and
4. Public office is not a property – not covered by due process clause
 Abolition of office – the office is abolished
 Removal of an officer – for just causes and with due process of law
 ARTICLE XI SEC. 2 – may be removed from office, on impeachment for, and
conviction of:
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and corruption;
5. Other high crimes; or
6. Betrayal of public trust.
- Enumeration of covered public officer is exclusive:
1. The President;
2. The Vice-President;
3. The Members of the Supreme Court;
4. The Members of the Constitutional Commissions; and
5. The Ombudsman

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 Impeached:
1. President Estrada; and
2. Chief Justice Corona
 Articles of Impeachment:
1. Initiated by the House of Representative;
2. Tried by the Senate (Act as Judges)
 ARTICLE II SEC. 2 – the Philippines renounces war as an instrument of national
policy. Latter,
- in relation to ARTICLE VI SEC. 23 – in times of war or other national
emergency, the Congress may, by law, authorize the President, for a limited
period and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy
 Rights of State:
1. Independence;
2. Jurisdiction;
3. Existence/Self defense; and
4. Self determination
 “Doctrine of Incorporation” – The Philippines adopts the generally accepted
principles of international law as part of the law of the land.
- There is an automatic incorporation, no need for an enabling law, unlike in
“Doctrine of Transformation”.
- In relation to the principle of “Pacta Sunt Sevanda” that party States must
observed the treaty in good faith.
 Right to Self-determination is a generally accepted principles of international law.
- Internal: People pursuit of his own political, economic, social, culture
development within the framework of an existing State.
- External: Assertion of a right to unilateral cessation or independence of those
under colonial rule or foreign rule
 Ang Ladlad Case – Application of International Human Rights in relation to
Gender Identification
 Jurisprudence: Oposa vs. Factoran case in relation to National Integrated
Protected Areas System (NPAS) – minors party complainant represented by their
parents.
- ARTICLE II SEC. 16 – The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature
- Citizen suit – marine mammal along with human individual file a suit
 ARTICLE XII SEC. 2 – “Regalian Doctrine” – All lands of the public domain,
waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated
 Qualified Political Agency or “Alter Ego Doctrine” – cannot be invoked if the
subject matter is exploration of natural resources, since natural resources is
considered patrimony of the State.
- ARTICLE XII SEC. 2 par. 4 – Only the President, by law, may enter into
agreements with foreign-owned corporations involving either technical or
financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils (according to the general terms and
conditions provided by law)

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 - Requisites:
1. The President shall enter into a research agreement according to the
general terms and conditions provided by law;
2. The agreement must be in accordance with the national law; and
3. The President shall notify the Congress with the agreement entered into
within 30 days from its execution
 National Patrimony pertains to the heritage of the State, the natural and cultural
resources
 Jurisprudence: Genetically Modified Organism (GMO) that is harmful to the
environment.
- Basis: ARTICLE II SEC. 16 – The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature
- Writ of Kalikasan should not be issued, because the field testing is already
finish. There is no more issue that needs to be prevented. The issue becomes
moot and academic
 “Hot Tub Hearing” – parties should produce expert witnesses (testimony of expert)
 “Precautionary Principle” – Better safe than sorry
 Separation of Power or Checks and Balances – to prevent concentration of
power
 Permissible Delegation of Legislative Power:
1. P-lebiscite/Referendum;
2. E-xecutive power of the President;
3. T-ariff;
4. A-dministrative Agency; and
5. L-ocal Government
 Delegation to the President - in times of war or other national emergency,
the Congress may, by law, authorize the President, for a limited period and
subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy
- Requisites to the delegation of power:
i. There must a war or national emergency;
ii. The authorization is for a limited period of time;
iii. The delegation is subject to restrictions/limitations as the Congress
may provide; and
iv. The delegation is pursuant to declared national policy
- A mere resolution from Congress will suffice to withdraw the power
granted to the President
 Delegation to Administrative Agency – Quasi-legislative power,
rulemaking power, power of subordinate legislation. Promulgates
administrative relation – implementation of the rules and regulations
 Delegation to Local Government – ARTICLE X SEC. 1 - territorial and
political subdivision of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays
- The IRR of the Local Government Code is implemented by the Oversight
Committee of the Department of Interior and Local Government (DILG)
- LGU’s has no inherent power, since they are merely created by
Congress – powers delegated under the Local Government Code and
implied powers from powers delegated

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 Test of Valid Delegation:
1. Completeness Test – must be complete in its essential terms, nothing left but
to implement the law.
2. Sufficient Standard Test – there must be standard for the implementation of the
law
 Jurisprudence: Pork Barrel System (Congressional Pork Barrel)
- Lump Sum Discretionary Fund: Priority Development Assistance Fund (PDAF)
– declared unconstitutional by SC
- i.e. Malampaya Fund – there was an undue delegation because its allows the
President to use the fund for other purposes other than energy related projects
as well as the provision which allows the Presidential Social Fund (earnings
from PAGCOR) to be used for priority infrastructure development projects were
unconstitutional
- Reasons:
1. Violation of the Principle of Separation of Powers – Congress may only
enact laws, the implementation belongs to the Executive;
2. Violation of non-delegation or undue delegation of legislative power – the
determination of the project is delegated to the Congress as a body and not
to its members;
3. Denies the Presidents’ Item Veto – in such veto of the President shall not
affect the item or items to which he does not object in appropriation,
revenue, or tariff bill (ARTICLE VI SEC. 27 Par. 2);
4. It impairs public accountability – that Congress after the enactment of the
law will monitor the implementation of the same. But such directive will pose
a question on “how can it monitor if the one who will implement the law is its
members”;
5. It subverted Local Autonomy and patronized favored politics
 PDAF is an appropriation bill
 The Disbursement Acceleration Program (DAP) is a "special" budget allocated to
accelerate or hasten a government project without approval of the Congress. This
replaces the traditional pork barrel scam (PDAF) after it was uncovered in 2013
 ARTICLE VI SEC. 29 Par. 2 – No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the use, benefit, or support of
any sect, church, denomination, sectarian institution, or system of religion, or of
any priest, preacher, minister, or other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government orphanage or leprosarium
 Power of Augmentation – ARTICLE VI SEC. 25 Par. 5 – No law shall be passed
authorizing any transfer of appropriations; however, the President, the President
of the Senate, the Speaker of the House of Representatives, the Chief Justice of
the Supreme Court, and the heads of Constitutional Commissions may, by law, be
authorized to augment any item in the general appropriations law for their
respective offices from savings in other items of their respective appropriations
- There must a law authorizing to exercise such power. No cross border transfer
of fund – from one department to another
 Violation of Separation of Power – the Executive converted the unappropriated
funds to savings. Only Congress can appropriate funds
 The Supreme Court (SC) affirmed the unconstitutionality of DAP
- However, the “Doctrine of Operative Fact” was applied, nullifying the law itself
but sustain its effects

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 LEGISLATIVE BRANCH – Bicameral Congress: Senate and House of the
Representative
- Bicameral Conference Committee – a mechanism for compromising
differences between Senate and HR. An unexpected result is expected to come
out. A resolution will return back to the respective houses for votation, if nays
prevails over yays another BCC will convene to come up with another resolution
- House of the Representatives: District Representative and Party List
Representative – 20% of the total number of representatives composed of party
list. Every district there should be one party list representative
- Jurisprudence: Fractional representative is not allowed
- Who may participate:
1. National party/org;
2. Regional party/org;
3. Sectoral party or org, belongs to:
i. Marginalized and underrepresented sectors: labor, peasant, fisher folks
etc.;
ii. Professionals
- National and Regional Party List cannot participate in Sectoral Party List.
Except Sectoral Wing or within their Party i.e. youth, women
 ARTICLE VI SEC. 24 – Appropriation, revenue or tariff bills, increase with the
public debts, bills of local application and private bills shall originate exclusively in
HR. But Senate may propose or concur with amendments
 Commission on Appointment (COA) composed of 12 Senators, 12 Congressmen
and the Senate President as Ex-Officio Chairman. Chosen based on proportional
representation
- ARTICLE VI SEC. 19 COA meet only while the Congress is in session for
Regular Appointment. When not in session – only Ad Interim Appointment
 ARTICLE VI SEC. 17 – Senate Electoral Tribunal (SET) & House of the
Representatives Electoral Tribunal (HRET), independent from the Senate and
House leadership:
1. Sole judge;
2. No appeal allowed (since appeal is a mere statutory right), except, Special Civil
Action for Petition for Certiorari under Rule 65 – Grave abuse of discretion
 Congressional Investigation: ARTICLE VI SEC. 21 – Inquiry in Aid of Legislation
1. Inquiry must always be in aid of legislation;
2. In accordance with duly published rules of procedure of Congress; Rights of the
parties or persons appearing or affected by inquiry shall be respected.
- The Senate Blue Ribbon Committee violates the Separation of Power Doctrine.
Because inquiry regarding the violation of penal laws is determined by courts
of competent jurisdiction. In result, the inquiry is not in aid of legislation
- Jurisprudence: Inquiry on Fraudulent Bank Practices by Senate Committee on
Banks – is really an inquiry in aid of legislation
- Right that may be invoked during Inquiry: The right against Self-Incrimination
- Legislative Contempt – a person may be cited in contempt for unjustly refuse
to cooperate or failure to appear after duly summoned by the Committee
- Nature of Power of Contempt – Inherent power of the court. Except legislative
contempt
- How long you will be in prison? – “You hold the key to your freedom”
 SEC. 22 – Question Hour – Subject to judicial review, if there is a grave abuse of
discretion amounting to lack or excess of jurisdiction

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 GMA issued EO 464 – prohibiting Cabinet Secretaries from appearing before
Congress Inquiry.
- It pertains to the Question Hour by Congress under ARTICLE VI SEC. 22
- The SC held that the non-appearance of Cabinet Secretaries in aid of legislation
will impair the duty of the Congress as mandated by the Constitution
- Likewise, it will violate ARTICLE III SEC. 7 on the People’s right to information
 Only the President or the Executive Secretary acting in behalf of the President may
assert or invoke the so called executive privilege in the instance of Congress
inquiry in aid of legislation
- Executive Privileges is in the nature of exception. President’s right to withhold
information from Congress, Courts, and the Public:
1. State’s Secret Privilege – the disclosure of which will subvert crucial
information pertaining to national security or diplomat relations;
2. Informant’s Privilege; and
3. Generic Privilege on Internal Deliberations
 During question hour, cabinet members or other top officers of the government
may refuse to appear invoking EO 464 (ENSURING OBSERVANCE OF THE
PRINCIPLE OF SEPARATION OF POWERS, ADHERENCE TO THE RULE ON
EXECUTIVE PRIVILEGE AND RESPECT FOR THE RIGHTS OF PUBLIC
OFFICIALS APPEARING IN LEGISLATIVE INQUIRIES IN AID OF LEGISLATION
UNDER THE CONSTITUTION, AND FOR OTHER PURPOSES)
 EXECUTIVE BRANCH – ARTICLE VII SEC. 1 – President power to implement the
law.
 ARTICLE VII SEC. 17 – The President shall have control of all the executive
departments, bureaus, and offices. Faithful execution of the laws
 Qualified Political Agency – Alter Ego Doctrine – Cabinet members
 ARTICLE XI SEC. 2 – Impeachable public officers
 ARTICLE VII SEC. 17 – Control power
 ARTICLE X SEC. 4 – General supervision over LGU
 ARTICLE VII SEC. 18 – Military power as Commander in Chief of all AFP
- Power to suspend the Writ of Habeas Corpus; and
- Power to declare of Martial Law
 ARTICLE VII SEC. 19 – Pardoning power: Retrieve, Commutation, Remit, and
Amnesty
 ARTICLE VII SEC. 20 – Borrowing/Procuring power
 ARTICLE VII SEC. 21 – Diplomatic/Treaty making power
 ARTICLE VII SEC. 22 – Budgetary power
 ARTICLE VII SEC. 23 – Informing power i.e. SONA
 ARTICLE VII SEC. 16 – Appointing power
- Jurisprudence: Not all appointments are subject to confirmation by COA

Subject Not subject

Four members of JBC Judges of the Courts
Heads of Departments
Ambassadors
Consuls
AFP Officers (Colonel or Naval
Captain)

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 - Ad interim appointments means in the meantime or for a time being.

Regular Appointment Ad interim Appointment

Appointment when Congress is in
regular session
Does not take the immediate
assumption of office
Wait until confirm by COA
Temporary in character until confirm
by COA
Appointment when Congress is in
recess
takes immediate assumption of office
does not wait confirmation of COA
Permanent in character according to
jurisprudence, because it takes effect
immediately and once confirmed
cannot be revoke at the will of the
President

Once disapproved, the appointee Once disapproved, cannot be

may return to the position formerly reappointed further because the
held and can be reappointed disapproval is considered a judgment
on the merit of disqualification

Except: If COA by-pass the

appointment, such that the
appointment was not acted upon until
the next adjournment of the session of
the Congress

 ARTICLE VI SEC. 13 – Incompatible Office vs. Forbidden Office

Incompatible Office Forbidden Office

The acceptance of the other office The acceptance of the appointment to
vacates the other the newly created office or the
emoluments/salary thereof increased
is void
More on inhibition More on prohibition

Ad interim Appointment Appointment in Temporary

Congress is in recess
Permanent in character
Confirmation by COA is required
Capacity
Congress either is in session or
recess
Temporary in character
Confirmation by COA is not required

 Limitations on the Appointing Power ARTICLE VII SEC. 15 Two months

immediately before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety
- The prohibition pertains to Midnight Appointments, to prevent influencing the
outcome of the election

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 1. Vote buying; and
2. To prevent appointments for partisan purposes
- Temporary appointments to executive positions is allowed
- Midnight appointment of former Chief Justice Renato Coruna is not considered
a temporary appointment, because he is a member of judiciary, an officer which
does not occupied an executive position. Temporary appointments pertain only
to executive positions. Thus, such appointment is invalid
 ARTICLE VII SEC. 18 – the Calling out power is exclusively exercise by the
President. The exercise of this power by the Local Chief Executive is considered
ultra vires act, beyond its power to exercise
- Calling out the AFP to suppress:
1. Lawless violence;
2. Invasion; and
3. Rebellion
- The calling out power of the President as Commander in Chief of the AFP is a
political question outside the court’s judicial inquiry. Except, if there is grave
abuse of discretion on the part of the President. Grave means unreasonable,
whimsical, capricious, and oppressive. Power of judicial review is considered
as the expanded power of the Supreme Court
 Suspension of the Writ of Habeas Corpus or Placing the entire Philippines or any
part thereof under Martial Law in cases of:
1. Invasion; and
2. Rebellion, when public safety requires
- The writ of habeas corpus must be thru a petition filed by any citizen, and cannot
motu propio issued by the court
- The declaration of martial law does not automatically suspend the privilege of
the writ of habeas corpus. There must be a separate act for the suspension of
the privilege of the writ
- The declaration and the suspension are subject to judicial review. It is the
greater power of the President. It Involves direct curtailment or suppression of
liberty and restriction of civil rights
- The period for the declaration and suspension shall not exceed sixty (60) days,
subject to revocation or extension of Congress
- Within forty-eight (48) hours from the proclamation or suspension, the President
shall submit a report in person or in writing to the Congress
- Right to bail does not suspend by the suspension of the writ. Much less,
suspend the operation of the Constitution, supplant the function of the civil
courts, nor automatically suspend the privilege of the writ
 ARTICLE VII SEC. 19 – Except in cases of impeachment, or as otherwise provided
in this Constitution, the President may grant reprieves, commutations and pardons,
and remit fines and forfeitures, after conviction by final judgment. He shall also
have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress

Reprieves Suspension of the execution of the penalty

Commutations Reduction of the penalty
 Criminal and administrative cases
Pardons  Private act of the President
 Notice can be dispense with
Remit fines and forfeitures

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 Amnesty  Official act of the President
 Judicial notice is indispensable

- When the case is under appeal, it must be withdrawn to give effect to pardon
- Convicted for malversation of public funds, granted absolute pardon
- No reinstatement and back wages, unless otherwise provided in the pardon.
- “Forgive not forget”. Does not erase the criminal act. In the eyes of the law he
still a criminal
- Former President Joseph Estrada was convicted of plunder and granted
conditional pardon by former President GMA. In that case, the “WHEREAS”
clauses are not an integral part of the pardon. Penalty of Reclusion Perpetua
carries the accessory penalty of Civil Interdiction and Perpetual Disqualification
to hold Public Office
 ARTICLE VII SEC. 21 – Treaty making power of the President.
- Power to ratify a treaty or international agreement belongs to the President.
Senate may only concur thereof
- Treaties and executive agreement has the same binding application and
obligation as far as international law is concerned
- Visiting Forces Agreement (VFA) is a joint military exercise agreement between
US and RP – a treaty considered by jurisprudence
- ARTICLE XVIII SEC. 25 – After the expiration in 1991 of the Agreement
between the Republic of the Philippines and the United States of America
concerning Military Bases, foreign military bases, troops, or facilities shall not
be allowed in the Philippines except under a treaty duly concurred in by the
Senate and, when the Congress so requires, ratified by a majority of the votes
cast by the people in a national referendum held for that purpose, and
recognized as a treaty by the other contracting State
- Conflict between ARTICLE VII SEC. 21 vs. ARTICLE XVIII SEC. 25
- the latter prevails, because it is an special provision, the former is a general
provision – cover all kinds of treaty
- Enhanced Defense Cooperative Agreement (EDCA) – considered an executive
agreement, because it merely seek to implement the previously agreed treaties,
the Mutual Defense Agreement and VFA. United States merely wants to have
an access to Philippine Military Bases in order to have an immediate response
to crisis in the South China Sea
 ARTICLE VII SEC. 22 – Budgetary power of the President needs concurrence of
the Monetary Board
 ARTICLE VIII SEC. 1 – BP No. 129 AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Court of Appeals Lower collegiate court

Regional Trial Courts Courts of general jurisdiction
Metropolitan Trial Courts
Municipal Circuit Trial Courts Courts of limited jurisdiction
Municipal Trial Courts
Sandiganbayan Special Courts
Court of Tax Appeals
Sharia Court Muslim Court

- Administrative agencies/bodies performing quasi-judicial functions

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 Insurance Commission
Land Transportation Franchising and
Regulatory Board
National Labor Relations Commission

- Doctrine of Primary Jurisdiction

 ARTICLE VIII SEC. 2 Par. 2 – Duty of the court of justice to settle actual
controversy involving rights which is legally demandable and enforceable. Under
the expanded power of the court: to determine whether there is a grave of abuse
of discretion amounting to lack or excess of jurisdiction on any branch or
instrumentality of the Government – Judicial Review – Rule 65 of the RULES OF
COURT – Special Civil Action on Certiorari
- “Political Question” – involves the question of policy, wisdom, and efficacy of
an legislative act:

1. Those questions under the Constitution that are to be decided by the

people themselves in its sovereign capacity i.e. EDSA People Power
– the gathering of the people is beyond the power of the court to
inquire on their intentions – the act of gathering at EDSA speaks for
itself – to redress grievances
2. Those questions in regard to which full discretionary authority is
delegated to executive and legislative department i.e. Comfort
women sent back to Japan

 Burial issue of former President Marcos in the Libingan ng mga Bayani considered
a political question by the Supreme Court. Petition dismissed, because there is no
abuse of discretion amounting to lack or excess of jurisdiction on the part of
President Duterte

Requisites of Judicial Inquiry
1. There must an actual case or controversy – both ripe resolution and
susceptible of judicial determination, EXCEPT, if there is
supervening event that renders it moot and academic
2. The question of constitutionality must be raised by the proper party
3. The constitutional question must be raised at the earliest possible
opportunity
4. The decision of the constitutional question must be necessary to the
determination of the case itself

 Involves a conflict or legal rights, an assertion of opposite legal claims susceptible

of judicial adjudication. Must be moot or academic or based on extralegal or other
similar considerations not cognizable by a court of justice.
 Must be definite and concrete, touching the legal relations of parties having
adverse legal interests; real and substantial controversy admitting a specific relief
through a decree that is conclusive in character.
 Pacu v. Secretary of Education The mere apprehension that the Secretary of
Education might, under the law, withdraw the permit of one of the petitioners does
not constitute a justiciable controversy. PHILCONSA v Villareal The SC dismissed

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 the petition to compel the Speaker of the House of Representatives to produce the
books of accounts of that body because the same had already become moot and
academic as the Congress of the Philippines was abolished due to the effectivity
of 1973 Constitution.
 Is one who has sustained or is in immediate danger of sustaining an injury as a
result of act complained of.
 The patients of the physician and not the physician himself were the proper parties
to question the constitutionality of a law prohibiting the use of contraceptives.
 A certain person had not made a claim to the position held by the other, he could
not be regarded as the proper party who had sustained an injury as a result of the
questioned act.
 It was held that the Government of the Philippines was a proper party to challenge
the constitutionality of the Prohibition Act because, more than any other, it was the
government itself that should be concerned over the validity of its own laws.
 An organization of taxpayers and citizens were the proper party to question the
constitutionality of a law providing for certain special retirement benefits for
members of the legislature.
 General Rule: if not raised in the pleadings, it considered at the trial, and if not
considered at the trial, it cannot be considered on appeal.
- Exceptions:
1. In criminal cases, the constitutional question can be raised at any time in
the discretion of the court.
2. In civil cases, the constitutional question can be raised at any stage if it is
necessary to the determination of the case itself.
3. In every case, except where there is estoppel, the constitutional question
may be raised at any stage if it involves the jurisdiction of the court.
 “To doubt is to sustain”: a law is supposed to have been carefully studied and
determined to be constitutional before it was finally enacted
- Presence of other basis: its constitutionality cannot be touched and the case
will be decided on other available grounds.
 The Court will not pass upon a constitutional question although properly presented
by the record if the case can be disposed of on some other ground – application of
a statue or general law.
 Estoppel- a person cannot question the validity of a law under which he had
previously accepted benefits.
 Orthodox view: Norton v. Shelby, an unconstitutional act:
1. Not a law;
2. Confers no rights;
3. Imposes no duties;
4. Affords no protection;
5. Creates no office; and
6. Total nullity.
 Modern View: Less stringent, as it does not:
1. Repeal;
2. Supersede;
3. Revoke; or
4. Annul the statute if it finds it in conflict with the Constitution.
- Manila Motors Co. vs. Flores Due to equity, the SC relaxed the operation of the
general rule.
 Will become valid only if two conditions concur:

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 1. That the legislature is willing to retain the valid portions even if the rest of the
statute is declared illegal.
2. That the valid portions can stand independently as a separate statute.
 Philippine Courts are not authorized to give Advisory Opinion, because in advisory
opinion there is no actual controversy
 ARTICLE VIII – Duty of the court is mandatory
1. Traditional judicial power – to settle actual controversies
2. Expanded judicial power (extraordinary power of the court) – to determine
whether there is a grave abuse of discretion amounting to lack or excess of
jurisdiction on any part of branch or instrumentality of the government
- vs. “Political Question” – beyond the power of the courts. Questions on policy
involving the wisdom of an act, on the efficacy of the measure enacted by the
Congress
 Executive department and legislative department are the political bodies of the
government where laws are formulated, implemented or enforce
 Exceptions to the Moot and Academic Principle:

1. There is a grave violation of the Constitution;

2. The situation is of exceptional character and paramount public interest is
involved;
3. The constitutional issue raised requires formulation of controlling
principles to guide the bench, the bar and the public; and
4. The case is capable of repetition yet evading review.

 “Locus Standi or legal stading” – a personal and substantial interest in a case such
that the party has sustained or will sustain direct injury as a result of the
governmental act that is being challenged.
 Oposa vs. Factoran – An environmental case. SC is liberal on locus standi rule.
Held that humans are steward of nature
 ARTICLE VIII SEC. 5 Par. 5 – Rule making power of the SC to promulgate rules
concerning the protection and enforcement of constitutional rights, pleadings,
practice and procedure in all courts, admission to practice of law, the integrated
bar, and legal assistance to the underprivileged
 ARTICLE VIII SEC. 4 Par. 3 – no doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may be modified or reversed except
by the court sitting en banc.
 ELECTION LAWS: Makiling vs. COMELEC – Republic Act No. 9225 otherwise
known as the Citizenship Retention and Reacquisition Act of 2003 declares that
natural-born citizens of the Philippines who become citizens of another country
shall be deemed not to have lost their Philippine citizenship
 Retention/Reacquisition of Filipino citizenship – by taking the oath of allegiance to
the Republic of the Philippines before the office that is authorized to administer
oath – effect, dual citizenship
 Section 5. Civil and Political Rights and Liabilities - Those who retain or re-
acquire Philippine citizenship under this Act shall enjoy full civil and political rights
and be subject to all attendant liabilities and responsibilities under existing laws of
the Philippines and the following conditions:
 (1) Those intending to exercise their right of suffrage must meet the requirements
under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise
known as "The Overseas Absentee Voting Act of 2003" and other existing laws;

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 (2) Those seeking elective public in the Philippines shall meet the qualification for
holding such public office as required by the Constitution and existing laws and, at
the time of the filing of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized
to administer an oath;
 (3) Those appointed to any public office shall subscribe and swear to an oath of
allegiance to the Republic of the Philippines and its duly constituted authorities
prior to their assumption of office: Provided, that they renounce their oath of
allegiance to the country where they took that oath;
 (4) Those intending to practice their profession in the Philippines shall apply with
the proper authority for a license or permit to engage in such practice; and
 (5) That right to vote or be elected or appointed to any public office in the
Philippines cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of
which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the
armed forces of the country which they are naturalized citizens.
 ARTICLE XII SEC. 7 – Alien may not acquire private lands in the Philippines, in
cases of intestate succession
 Jurisprudence: Repeated use of foreign passport for travel abroad results in the
effective recantation of renunciation of American citizenship, as if he did not
renounce his American citizenship
 Under the LGC, dual citizenship is prohibited from running as mayoralty candidate
 Manzano case: having a dual citizenship is by virtue of involuntary circumstances
 “Doctrine of the Rejection of the Second Placer” (The winning candidate's
disqualification becomes final and executory only after the election) – clearly the
second placer is not the choice of the constituent. In consequence, the second
placer will not be declared as the winning mayoralty candidate but rather the
winning vice-mayor by succession.
 Since Arnaldo’s disqualification became final before election, the doctrine on the
rejection of the second placer is not applicable. Thus, the votes garnered in his
favor should be counted in favor of the rival mayoralty candidate, being the second
placer. In effect, the second placer is the sole and only placer, second to none
because the winner’s candidacy was legally non-existent.
 Naturalization:
1. RA 9139 – “The Administrative Naturalization Law of 2000” (Administrative
Process); Native born alien; Not available to all alien;
2. CA 473 – “Revised Naturalization Law” (Judicial Process);
3. Legislative Naturalization – through enactment of a law
 RA 6770 – The Ombudsman Act of 1989” – Sec. 21. Administrative power to
discipline whether elective or appointive officials. Except: Members of Congress,
SC, and Con Com
- Sec. 24. Imposed preventive suspension for not more than six (6) months.
Since the stay will influence the outcome of the case
- If the evidence of guilt is strong
- Charged involved;
1. Dishonesty;
2. Oppression;
3. Grave Misconduct;
4. Neglect in the performance of duty;

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 - Warrant removal from office
- Sec. 40. No writ of injunction should be issued by the regular court, unless there
is a prima facie evidence that the subject matter is outside the jurisdiction of the
Ombudsman
- In criminal case, the duty of the Ombudsman is to investigate and file a case
with the Sandiganbayan after finding of probable cause
- Doctrine of Condonation abandoned – electorate has no chance to know,
since misconduct in office is done discretely. How can they condone what they
did not know?
 RA 7160 Sec. 40 (b) – those removed from office as a result of administrative case
- Disqualified to run for elective position
 ARTICLE X SEC. 8 – Elective local officials term of service is three (3) consecutive
term (three (3) years/term)
- Voluntary renunciation is not an interruption on the service of the term
- For disqualification purposes:
1. Served for three (3) consecutive term for the same position;
2. Fully served the term.
- Purposes:
a. To prevent the establishment of political dynasty;
b. To enhance the freedom of choice.
- The prohibition applies only to regular election, not in special recall election
- However, for the purpose of disqualification, the term served in special recall
election can be considered a full term
- Latest jurisprudence: “Controlling Doctrine” – the candidate who did not fully
served his term in special recall election can run again in the regular election
- The elective local official who was placed under preventive suspension on
his last term is not considered an interruption on the service of the term. To
constitute interruption, it must involve loss of title to the office
 Public International Law
1. Jus Cogens Norms – Pre-emptory norm under general international law which
is recognized and accepted by international community as a whole, that does
not accept interrogation, and replace only by another norm
a. Intervention – dictatorial interference to the affair of another State
(Prohibited)
b. Intercession – allowed
2. Erga Omnes Obligation – “In relation to the whole”. Obligation owe to another
State
- Prohibition against genocide and use of force
- “Ex aequo et bono” - "according to the right and good" or "from equity and
conscience"
- Equity take precedence over other legal rule
 Rome Statute – a treaty created the international criminal court
1. Genocide;
2. Crimes against humanity;
3. War crimes; and
4. Crime of oppression.
 Principle of Complementary – The ICC shall be complementary to the national
criminal jurisdiction of a State
- Once assumed by the national criminal jurisdiction of a State, the ICC will not
assume jurisdiction. Except if the criminal proceedings before the national

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 jurisdiction is for the purpose of evading liability in favor of the accused or the
proceedings becomes impartial, then the ICC will assume jurisdiction.
 RA 9851 – Crimes Against International Humanitarian Law, Genocide and Other
Crimes Against Humanity – under RTC jurisdiction

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