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Uploaded by
Bryan MorteraCopyright:
Available Formats
PoliticalandPublicInternationalLaw
Reviewer
CompiledbyRehneGibbN.Larena|JD-NT-4|AY2020-21|UniversityofSanCarlos
PoliticalandPublicInternationalLaw REVIEWER Forthe2020/21#BestBarEver
TABLEOFCONTENTS TheConstitutionofthePhilippinesis
I.THE1987CONSTITUTION
a) Written
— whose precepts are embodied in one or a set of
I. The1987Constitution 2 A.NatureandConceptofaConstitution
documents;
B.PartsofaConstitution b) Conventional — enacted, formally
struck off
at
a definite
II. BasicConcepts 4
C.AmendmentsandRevisions time
and
place
following
a conscious and deliberate effort
III. NationalTerritory 21 takenbyaconstituentbodyorruler;and
D.MethodsofInterpretingtheConstitution
c) Rigid — amended only by a formal and
usually
difficult
IV. Citizenship 22 process.
A.NatureandConceptofaConstitution
B.PartsofaConstitution
V. LegislativeDepartment 26
A constitution is a system of fundamental laws for the (1) Constitution of
Liberty
— consists
of
a series of prescriptions
governance and administration of a nation. It is supreme, setting forth the fundamental civil and political rights of the
VI. ExecutiveDepartment 41 imperious, absolute and unalterable except by the authority citizens and imposing limitations on the powers of government
fromwhichitemanates.
asameansofsecuringtheenjoymentofthoserights;
VII. JudicialDepartment 56
It has been defined as the fundamental and paramount law
of
the (2) Constitution of Government — series
of
provisions
outlining
VIII. ConstitutionalCommissions 62 nation.It the organization of the government, enumerating its powers,
laying down certain rules relative to its administration, and
a) prescribes the permanent framework of a system of
IX. BillofRights 64 government, definingtheelectorate;and
b) assigns to the different departments their respective (3) Constitution of Sovereignty — consists of the provisions
X. LawonPublicOfficers 111 powersandduties,and pointing out
the
mode
or
procedure
in
accordance with
which
formalchangesinthefundamentallawmaybebroughtabout.
c) establishes certain fixed principles on
which
government
XI. AdministrativeLaw 127
isfounded. C.AmendmentsandRevisions
XII. ElectionLaw 146 The
fundamental conception in
other
words
is
that
it
is
a supreme
Article XVII. Section 1. Any amendment to, or revision of, this
law to which all
other
laws
must conform
and in
accordance with
Constitutionmaybeproposedby:
XIII. LocalGovernments 163 which all private rights must be determined and all public authority
administered. 1. The Congress, upon a vote of three-fourths of all its
XIV. NationalEconomyandPatrimony 181 DoctrineofConstitutionalSupremacy Members;or
ManilaPrinceHotelv.GSIS 2. Ac
onstitutionalconvention.
XV. SocialJusticeandHumanRights 184
Under the doctrine of constitutional supremacy, if a law or Section
2.
Amendments
to
this Constitution may likewise be directly
XVI. Education,Science,Technology,Arts,Culture contract violates any norm of the constitution that law or contract proposedbythepeoplethroughi nitiativeu
ponapetitionof
whether promulgated by the legislative or
by the executive branch or
andSports 186 entered into
by
private persons for
private purposes is null and void a. at least twelve per centum of the total number of
and without any force
and effect. Thus, since the
Constitution is
the registeredvoters,
XVII. PublicInternationalLaw 187 fundamental, paramount and supreme law of the nation, it is
deemedwrittenineverystatuteandcontract. b. of which every legislative district must be represented by at
leastthreepercentumoftheregisteredvoterstherein.
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No amendment shall be authorized within five years following the Article XVII of the Constitution on Direct Proposal by the
A
two-part test
is
thus
used: the quantitative test and the qualitative
People
ratification of this Constitution
nor
oftener
than
once
every five
years test. The quantitative test asks whether the proposed change is
thereafter. The framers of the Constitution intended that the "draft of the "so extensive in its provisions as
to
change
directly the
'substantial
proposed constitutional amendment" should be "ready and entirety' of the
constitution by the deletion or alteration of numerous
Section3.TheCongressmay, shown"tothepeople"b efore"theysignsuchproposal. existing provisions." The court examines only the number of
provisionsaffectedanddoesnotconsiderthedegreeofthechange.
a. by a vote of two-thirds of all its Members, call a The essence of amendments "directly proposed by the people
The qualitative test inquires into the qualitative effects of the
constitutionalconvention,O R through initiative upon a petition" is that the entire proposal on
its face is a petition by the people. This means two essential proposed change in the constitution. The main inquiry is whether the
elementsmustbepresent. change will "accomplish such far reaching changes in the
nature
of
b. by a majority vote of all its Members, submit to the
ourbasicgovernmentalplanastoamounttoarevision.".
electoratethequestionofcallingsuchaconvention.
a. First, the people must author and thus sign the entire
proposal.Noagentorrepresentativecansignontheirbehalf. DoctrineofFairandProperSubmission
Section
4.
Any
amendment
to,
or
revision
of, this Constitution shall be
valid when ratified by a majority of the votes cast in a b. Second, as an initiative upon
a petition,
the
proposal
must Tolentinov.Comelec
plebiscite which shall be held not earlier than sixty days nor later beembodiedinapetition.
The Court holds that there is, and it
is
the
condition
and
limitation
thanninetydays The full text of the
proposed amendments may be
either
written
on that all the amendments to be proposed by the same Convention
the face of the petition, or attached to
it.
If
so
attached, the
petition must be submitted to the people in a single "election" or
a. after
the
approval
of such amendment or revision; (Constituent muststatethefactofsuchattachment. plebiscite.
AssemblyorConstitutionalConvention)OR 2. The Initiative Violates Section 2, Article XVII Disallowing
The minimum requirement that must be met in
order that there
can
RevisionthroughInitiatives
b. after the certification by the Comelec of the
sufficiency
of be a proper submission to
the
people of
a proposed constitutional
thepetition.(People’sInitiative) A
people's initiative to change
the
Constitution
applies ONLY to an amendment is that amendments must be fairly laid before the
amendment of the Constitution and NOT to its r evision. In people for
their blessing or
spurning. The people are not to be mere
Santiagov.COMELEC contrast, Congress or a constitutional convention can
propose both rubber stamps. They are not to
vote
blindly. They must be afforded
amendmentsandrevisionstotheConstitution. ample opportunity to mull over the original provisions, compare
R.A.
No.
6735 is
incomplete, inadequate, or wanting in essential them with the proposed amendments, and try to
reach a conclusion
terms and conditions insofar as initiative on amendments to the Revisionb roadlyimpliesachangethat as the dictates of their
conscience suggest, free from the incubus of
Constitution is
concerned. Its
lacunae
on this
substantive matter are a. alters a basic principle
in
the constitution, like altering extraneousorpossiblyinsidiousinfluences.
fatal and cannot be cured by “empowering” the COMELEC “to the principle of separation of powers or the system of What the Constitution in effect directs is that the government, in
promulgate such rules
and
regulations as
may be
necessary
to carry checks-and-balances. submitting an amendment for ratification, should put every
outthepurposesoftheAct.
Thereisalsorevisionifthechange instrumentality or agency within its structural framework to
Insofar as initiative to propose amendments to the Constitution is enlighten the people, educate them with respect to their act of
concerned, R.A. No. 6735 miserably failed to satisfy both b. alters the substantial entirety of the constitution, as ratification or rejection. One thing is submission and another is
requirements in
subordinate legislation.
The
delegation of the power when the change affects substantial provisions of the ratification. There must be
fair submission, intelligent consent or
totheCOMELECistheninvalid. constitution. rejection.
On the other hand, amendment broadly refers to a change
that
Lambinov.Comelec adds, reduces, or deletes without altering the basic principle D.MethodsofInterpretingtheConstitution
involved. Revision generally affects several provisions of the (1) The
Constitution should
be
interpreted in such a way as to give
The Lambino Group miserably failed to comply with the basic
constitution, while amendment generally affects only the specific effecttotheintendmentoftheframers.
requirementsoftheConstitutionforconductingapeople'sinitiative.
provisionbeingamended.
1. The Initiative Petition Does Not Comply with Section 2, (2) Incaseofdoubt,theconstitutionshouldbeconsidered
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(a) self-executingratherthannonself-executing; its
enforcement. From its
very words the provision does not require national economy effectively controlled by Filipinos. They invoke
(b) mandatoryr atherthandirectory;and any legislation to put it in operation. It is per se judicially the provisions of the Declaration of Principles and State Policies
enforceable. When our Constitution declares that a right exists in under Article II. Petitioners also invoke the provisions of the National
(c) prospectiver atherthanretrospective. certain specified circumstances an action may be maintained to EconomyandPatrimonyunderArticleXII.
enforce such right
notwithstanding the absence of
any legislation on
ManilaPrinceHotelv.GSIS But, as the Court
explained in
Tañada v.
Angara, the provisions of
the subject; consequently, if
there
is no statute
especially enacted to
Article II
of
the
1987 Constitution, the
declarations of principles and
enforce such constitutional right, such right enforces itself by its own
A provision which lays down a general principle, such as those state policies, are not self-executing. Legislative failure to pursue
inherent potency and puissance. Where there is a right there is a
found in Art. II of the 1987 Constitution, is usually not suchpoliciescannotgiverisetoacauseofactioninthecourts.
remedy.U bijusibiremedium.
self-executing.
While Section 19, Article II of the 1987 Constitution requires the
But a provision which is complete in itself and becomes operative ComparewithTanadav.Angara development of a self-reliant and independent national economy
without the aid of supplementary or enabling legislation, or that effectively controlled by
Filipino entrepreneurs, it
does
not impose
which supplies sufficient rule by
means of
which the
right
it
grants It is petitioners’ position that the “national treatment” and “parity a
policy
of
Filipino monopoly of the economic environment. The
may be enjoyed or protected, is self-executing. Thus, a provisions” of
the
WTO
Agreement “place
nationals and
products of objective is simply to prohibit foreign powers or interests from
constitutionalprovisioniss elf-executing member countries on the same footing as Filipinos and local maneuvering our economic policies and ensure that Filipinos are
products,” in contravention of the “Filipino First” policy of the givenpreferenceinallareasofdevelopment.
1. ifthenatureandextentoftherightconferredand Constitution. They allegedly render meaningless the phrase
2. theliabilityimposedarefixedbytheconstitutionitself, “effectivelycontrolledbyFilipinos.”
3. so that they can be determined by an examination and These principles in
Article II are not intended to be self-executing II.BASICCONCEPTS
constructionofitsterms,and principles ready for enforcement through the courts. They are
used
4. there is
no
language
indicating
that
the
subject is referred to by the judiciary as aids or as guides in
the
exercise
of its
power of A.DeclarationofPrinciplesandStatePolicies
thelegislatureforaction. judicialreview,andbythelegislatureinitsenactmentoflaws.
B.Sovereignty
Unless it is expressly provided that a legislative
act
is
necessary to It is true that in the recent case of Manila Prince Hotel v. GSIS, et al.,
C.Stateimmunity
enforce
a constitutional mandate, the
presumption now is that all this Court held that Sec. 10, second par., Art. XII of the 1987
provisionsoftheconstitutionareself-executing. Constitution is
a mandatory, positive command which is complete in D.SeparationofPowers
itself and which needs no further guidelines or implementing laws or
In self-executing constitutional provisions, the legislature may still rules for its enforcement. However, as the constitutional provision E.ChecksandBalances
enactlegislationto itself states,
it
is
enforceable only in regard to “the grants of rights, F.DelegationofPowers
1. facilitate the exercise of powers directly granted by the privileges and concessions covering national economy and
constitution, patrimony” and not to every aspect of trade and commerce. It G.FundamentalPowersoftheState
2. furthertheoperationofsuchaprovision, refers to exceptions rather than the rule. The issue here is not PolicePower
whether this paragraph of
Sec.
10 of
Art.
XII
is
self-executing or
not.
3. prescribeapracticetobeusedforitsenforcement, Rather, the issue is whether, as a rule, there are enough balancing EminentDomain
4. provide
a convenient
remedy
for
the
protection of the rights provisions in the Constitution to allow the Senate to ratify the
Taxation
securedorthedeterminationthereof,or Philippine concurrence in the WTO Agreement. And we hold that
5. placereasonablesafeguardsaroundtheexerciseoftheright. thereare.
A constitutional provision may be self-executing in
ReiteratedinE
spinav.Zamora A.DeclarationofPrinciplesandStatePolicies
onepartandnon-self-executinginanother.
Petitioners mainly argue that R.A. 8762, also known as the Retail TheStateasParensPatriae
Sec. 10, second par., Art. XII of the 1987 Constitution is a
Trade Liberalization Act of 2000, violates the mandate of the 1987
mandatory, positive command which is complete in itself and Mayniladv.SENR2019EnBanc
Constitution for the State to develop a self-reliant and independent
which needs no
further
guidelines or
implementing laws or rules for
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Hand-in-hand with police
power in the promotion of general welfare
In this framework, a relationship is formed — the
state is
the The fact that international law has
been made
part of
the
law
of
the
is
the doctrine of
parens patriae. It
focuses
on
the role of the state
trustee, which manages specific natural resources and the trust land does not by any means imply the
primacy of
international law
as a "sovereign" and expresses the inherent power and authority of
principal — for the trust principal for the benefit of the current over national law in the municipal sphere. Under the doctrine of
the state to
provide protection of the person and property of a person
andfuturegenerations—theb eneficiaries. incorporation as applied in most countries, rules of international
nonsuijuris.
The
public is
regarded as the beneficial owner of trust resources, and law
are given a standing e
qual, not superior, to national legislative
Under the
doctrine, the state has the sovereign power of guardianship enactments.
courts can enforce the public trust doctrine even against the
over persons of disability, and in the execution of the doctrine the
governmentitself.
legislature is possessed of inherent power to provide protection to
persons non sui
juris
and
to
make and enforce
rules and regulations It is in this same manner that the right to distribute water was granted Tanadav.Angara
asitdeemsproperforthemanagementoftheirproperty. by the State via utility franchises to Maynilad and Manila Water, While sovereignty has traditionally been deemed absolute and
under express statutory regulation through its delegated all-encompassing on the domestic level, it is however subject to
Parens patriae means "father
of
his country", and refers to the State
representative, the MWSS. The
State
conferred the
franchise to these restrictions
and
limitations voluntarily
agreed to by
the
Philippines,
as a last-ditch provider of protection to those unable to care and
concessionaires, working under the
firm belief that
they shall serve expresslyorimpliedly,asamemberofthefamilyofnations.
fend for themselves. It can be said that Filipino consumers have
as protectors of the public interest and the citizenry. In
this regard,
become such
persons of
disability deserving protection
by the State,
water rights must be secured to achieve optimal use of water Unquestionably, the Constitution did not envision a hermit-type
as their welfare
are
being increasingly downplayed, endangered, and
resources, its conservation, and its preservation for allocative isolation of
the
country from
the
rest of
the world. In its Declaration
overwhelmedbybusinesspursuits.
efficiency. of Principles and State Policies, the Constitution “adopts the
While the Regalian doctrine is state ownership over natural generally accepted principles of international law as part of the
resources, police power is state regulation through legislation, and DepEdv.RizalTeachersKilusangBayanforCredit2019 law of the land, and adheres to the policy of peace, equality,
parens patriae is the default state responsibility to look after the justice, freedom, cooperation and amity, with all nations." By the
defenseless, there
remains a limbo on a flexible state policy bringing May the DepEd be compelled by writ of mandamus to collect, by doctrine of incorporation, the country is bound by generally
these doctrines into a cohesive whole, enshrining the objects of salary deductions, the loan payments of public
school
teachers and accepted principles of international law, which are
considered to
be
public interest, and backing the security of the people, rights, and remitthemtotheRTKBCI? automatically part of our own laws. One of the oldest and most
resources from general neglect, private greed, and even from the own fundamental rules
in
international law is p
acta sunt servanda —
RTKBCI has no clear legal right to demand that DepEd act as its
excessesoftheState. internationalagreementsmustbeperformedingoodfaith.
collecting
and
remitting agent. To reiterate, this is not one of DepEd's
WefillthisvoidthroughtheP
ublicTrustDoctrine. power,duties,andfunctions. The sovereignty of a state therefore cannot in fact
and
in
reality
be
The doctrine speaks of an imposed duty upon the State and its Teachers have no one else to turn to for
protection of
their
welfare consideredabsolute.Certainr estrictionse nterintothepicture:
representative of continuing supervision over the taking and use
of except the State itself. For
its
part,
the State is
duty bound to
render (1) limitations imposed by the very nature of membership in
appropriated water. Thus, parties who acquired rights in trust such protection in observance of its duty under the doctrine of thefamilyofnationsand
property only hold these rights subject to the trust and, therefore, parens patriae. In implementing the payroll deduction system,
could assert no
vested
right
to
use
those
rights in a manner harmful DepEd performed a function only secondarily to favor RTKBCI as
a (2) limitationsimposedbytreatystipulations.
tothetrust. private lending institution and primarily to
protect and promote the
welfareofteachersandinstitutionsofbasiceducation.
The doctrine further holds that certain natural resources belong to all SOJv.Lantion
and cannot be privately owned or controlled because of their inherent AdherencetoInternationalLaw The rule of pacta sunt
servanda requires the
parties
to
a treaty
to
importance to each individual and society as a whole. A clear
PhilipMorrisv.CA keep their agreement therein in good faith. The observance of our
declaration of public ownership, the doctrine reaffirms the
country's legal duties under a treaty
is
also
compelled by Section 2,
superiority of public
rights
over private
rights
for
critical resources.
Following universal acquiescence and
comity,
our municipal law
on Article II of the Constitution. Under the doctrine of
It
impresses upon states
the
affirmative duties of a trustee to manage
trademarks regarding the requirement of actual use in the Philippines incorporation, rules of international law form part of the law of
these natural resources for the benefit of present and future
must subordinate an international agreement inasmuch as the the land and no further legislative action is needed to make such
generations and embodies key principles of environmental
apparentclashisbeingdecidedbyamunicipaltribunal. rulesapplicableinthedomesticsphere.
protection:stewardship,communalresponsibility,andsustainability.
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which are
not
reflective of
the
current state
of
international
law,
and submitted—
The doctrine of incorporation is applied whenever municipal
do not find basis in any of the sources of international law
tribunals are confronted with situations in which there appears to be 1) That treaty
law
has
the
effect of amending, or even repealing
enumeratedunderArticle38(1)oftheStatuteoftheICJ.
a conflict between a rule of international law and the
provisions of an
inconsistent municipal statute, a later
enactment being
the constitution or statute of the local state. Efforts should first be The Yogyakarta Principles, consisting of
a declaration formulated by controlling,
exerted to
harmonize them, so as to
give
effect to
both since it is to various international law professors, are — at best - de lege ferenda
be presumed that
municipal law was enacted with proper regard for — and do not constitute binding obligations on the Philippines. 2) but that an inconsistent municipal statute subsequently
the generally accepted principles of
international law in observance Indeed, so much of
contemporary international law is
characterized passed cannot modify treaty law, without the concurrence of
oftheIncorporationClause. by the "soft law" nomenclature, i.e., international law is full of the other state party thereto, following the generally
principles that promote international cooperation, harmony, and acceptedprincipleofp actasuntservanda.
In a situation, however, where the conflict is irreconcilable and a
respect for human rights, most of which amount to no more than
choice has to be made between a rule of international law and ProceedtoR
elationshipbetweenInternational
well-meaning desires, without
the
support of
either State practice
or
municipal law,
jurisprudence dictates that municipal law should be andPhilippinedomesticlaw
opiniojuris.
upheld by the municipal courts for
the
reason that
such
courts
are
organs of municipal law and are accordingly bound by it in all CivilianSupremacy
circumstances. The fact
that
international law has been
made part of CompareD
octrineofTransformationinU
Sv.Purganan
the law of the land does not pertain to or imply the primacy of Art. II, Section 3. Civilian authority is, at
all
times,
supreme over
the
Separate opinion of
Vitug, J. In the Philippines, while specific rules
international law over national or municipal law in the municipal military. The Armed Forces of the Philippines is the protector of the
on how to resolve conflicts between a treaty law and an act of
sphere. people and the
State. Its goal is to secure the sovereignty of the State and
Congress, whether made prior or subsequent to its execution, have
In
the absence of
a law
or
principle of
law, we must apply the rules yet
to
be
succinctly defined,
the established pattern, however, would theintegrityofthenationalterritory.
of
fair play. An application of the basic twin due process rights of show a leaning towards the dualist model. The Constitution Governmentasprotectorofthepeople,andpeopleas
notice and hearing will
not
go
against the treaty or the implementing exemplified by its incorporation clause, as well as statutes, would
exhibit a remarkable textual commitment towards "internalizing" defendersoftheState
law. Neither the Treaty nor the Extradition Law precludes these rights
fromaprospectiveextraditee. internationallaw.
Section 4.
The
prime duty of the Government is to serve and protect the
The principle being that treaties create rights and duties only for people. The Government may call upon the people to defend the
State
AngLadladv.Comelec2
010EnBanc those who are
parties
thereto — pacta
tertiis nec nocre nec prodesse
and, in the fulfillment thereof, all citizens may be required, under
possunt — it is
considered necessary t ransform
to a treaty into a
We explicitly recognize the principle of non-discrimination as it conditionsprovidedbylaw,torenderpersonal,militaryorcivilservice.
national law in order to make it
binding upon affected state
organs,
relates
to
the
right
to
electoral
participation, enunciated in the UDHR like
the courts, and private individuals who could, otherwise, be seen
andtheICCPR. SeparationofChurchandState
asnon-parties.
The principle of non-discrimination requires that laws of
general The US-RP Extradition Treaty in particular, undoubtedly affects not Section6.TheseparationofChurchandStateshallbei nviolable.
application relating to elections be applied equally to all persons, only state
organs but
also private
individuals as
well.
It
is
said
that,
regardless of sexual orientation. Although sexual orientation is not in
treaties
of
this
nature,
it
should behoove the
state
to undertake or Aglipayv.Ruiz
specifically enumerated as a status or ratio for discrimination in adopt the necessary steps to make the treaty binding upon said
Article 26 of the ICCPR, the ICCPR Human Rights Committee has subjectseitherbyi ncorporationo rtransformation. What is guaranteed by our Constitution is religious liberty, not mere
opined that the reference to "sex" in Article 26 should be construed to religioustoleration.
include "sexual orientation." Additionally, a variety of UN bodies have Existing legislation contrary to
the
provisions of
the
treaty becomes
declared discrimination on the basis of sexual orientation to be invalid, but
legislation is
necessary to
put
the treaty
into
effect. The Religious freedom, however, as a constitutional mandate is not
prohibitedundervariousinternationalagreements. constitutional requirement that the treaty be concurred in by no less inhibition
of profound reverence for religion and is not a denial of its
than two-thirds of all
members of
the Senate is,
for
legal
intent
and influence in human affairs. In fact, certain general concessions are
At this time, we are not prepared to declare that the Yogyakarta purposes, an equivalent to the required transformation of indiscriminatelyaccordedtoreligioussectsanddenominations.
Principles contain norms that are obligatory on the Philippines. treatylawintomunicipallaw.
There are declarations and obligations outlined in said Principles Here, the stamps were not issued and sold for the benefit of the
In preserving harmony between treaty law and municipal law, it
is Roman Catholic
Church. Nor were money derived from the sale of the
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stamps given to
that
church. On
the contrary, it appears that the only Righttobalancedandhealthfulecology shouldbeappreciated.
purpose in issuing and selling the stamps was "to advertise the
InternationalServicefortheAcquisitionofAgri-Biotech
Philippines and attract more tourists to this country." The ResidentMarineMammalsv.Reyes2015
officials
concerned merely took advantage of
an event
considered of Applicationsv.GreenpeaceSoutheastAsia2015
international importance "to
give publicity to
the Philippines and its Greenpeace, et al alleged that the Bt
talong
field
trials
violate
their In Oposa, we allowed the suit to be brought in the name of
people." constitutionalrighttohealthandabalancedecology. generations yet unborn "based on the concept of intergenerational
responsibility insofar as the right to a balanced and healthful ecology
Oposa v. Factoran, Jr. signaled an even more liberalized policy
on is concerned." Furthermore, we said that the
right
to
a balanced and
Righttolifeoftheunborn locus standi in public suits. In
said
case,
we
recognized the "public healthful ecology, a right
that does not even need to
be stated
in
our
Imbongv.Ochoa2014 right" of citizens to "a
balanced and healthful ecology which, for Constitution as it is assumed to exist from the inception of
the first time in our nation's constitutional history, is solemnly humankind, carries with it the correlative duty to refrain from
The
petitioners assail
the
RH
Law
because
it
violates the right to life incorporated in the fundamental law." Their personality to sue in impairingtheenvironment.
andhealthoftheunbornchildunderSection12,ArticleII. behalf of the succeeding generations can only be based on the
concept of i ntergenerational responsibility insofar as the In light of the foregoing, the need to give the Resident Marine
The Philippine national population program has always been Mammals legal standing has been eliminated by our Rules, which
grounded two cornerstone principles: “principle of no-abortion” righttoabalancedandhealthfulecologyi sconcerned.
allow any Filipino citizen, as a steward of nature,
to
bring
a suit
to
andthe“p
rincipleofnon-coercion.” When in
doubt, cases
must be
resolved in
favor of the constitutional enforce our environmental laws. It is worth noting here that the
right to a balanced and healthful ecology. Parenthetically, judicial Stewards are joined as real parties in the Petition and not just in
The clear and unequivocal intent of the Framers of the 1987
adjudication is one of the
strongest fora
in which
the precautionary representation of the named cetacean species. The
Stewards, having
Constitution in
protecting
the
life of the unborn from conception was
principlemayfindapplicability. shown in
their
petition
that
there may be possible violations of laws
to prevent the Legislature from enacting a measure legalizing
abortion. concerning the habitat of the Resident Marine Mammals, are
Mosquedav.PilipinoBananaGrowers&ExportersAssociation thereforedeclaredtopossessthelegalstandingtofilethispetition.
The Court agrees with ALFI that the authors of the RH-IRR gravely
2016
abused their
office
when they redefined the meaning of abortifacient. RighttoQualityEducation
It allows “contraceptives” and recognizes as “abortifacient” only In terms of the right of the citizens to
health
and
to a balanced and
⭐CouncilofTeachersandStaffofCollegesandUniversitiesofthe
those that primarily induce abortion or the destruction of a fetus healthful ecology, the LGU takes its
cue from
Section 15 and
Section
inside the
mother’s womb or
the prevention of the fertilized ovum to 16, Article II of the 1987 Constitution. Following the provisions of Philippinesv.SecretaryofEducation2018
reachandbeimplantedinthemother’swomb. the LGC and the Constitution, the acts of the local government unit While the Constitution indeed mandates the State
to provide quality
Evidently, the
addition of the word “primarily,” in Section 3.01(a) and designed to ensure the health and lives of its constituents and to education, the determination of what constitutes quality
(j)
of
the RH-IRR is
indeed ultra
vires. It
contravenes Section 4(a) of promote a balanced and healthful ecology are well within the education is best left with the
political departments who
have
the RH Law and should, therefore, be declared invalid. There is corporate powers vested in the LGU. Accordingly, the Sangguniang the necessary knowledge, expertise, and resources to determine the
danger that the insertion of the qualifier “primarily” will pave the Bayan of
Davao City is vested with the requisite authority to enact an same.
way for the approval of contraceptives which may harm or
destroy ordinance that seeks to protect the health and well-being of its
constituents. In
Mariño, Jr.
v.
Gamilla, the Court recognized that RA No. 6728 was
the life of the unborn from conception/fertilization in violation of enacted in view of the declared policy of the State, in conformity with
Article II, Section 12 of the Constitution. With such qualification in Furthermore, the constitutional right to health and maintaining the mandate of the Constitution, to promote and make quality
the RH-IRR, it appears to insinuate that a contraceptive will only
be environmental integrity are privileges that do not only advance the education a ccessible to all Filipino citizens, as well as the
considered as an “abortifacient” if its sole known effect is
abortion interests of
a group
of
individuals. The
benefits of protecting human recognition of the State of the complementary roles of public and
or, as pertinent here, the prevention of the implantation of the health and the environment transcend geographical locations and private educational institutions in the educational system and the
fertilizedovum. even generations. This is
the essence of Sections 15 and 16, Article II invaluable contribution that the private schools have
made and
will
Thus, the word “primarily” in Section 3.01(a) and (j) of the of the Constitution. In Oposa v. Factoran, Jr. we declared that the make to
education. The establishment and expansion of
the
voucher
RH-IRRshouldbedeclaredvoid. right to a balanced and healthful ecology under Section 16 is an issue system is the State's way of tapping the resources of the private
of transcendental importance with intergenerational educational system in
order to
give Filipinos equal
access to quality
implications. It is under this milieu that the
questioned ordinance education. The Court finds that this manner of implementing the
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grantofequalaccesstoeducationisn
otconstitutionallyinfirm. in conjunction with Article II, Section 12. Article XV, Section 1 fact
which enabled VP
Arroyo to assume the
presidency was the fact
pertains to the
family in
general,
identifying it
"as
the
foundation of that there was a crisis, nay a vacuum, in the executive leadership
RightofIndigenousCulturalCommunities the nation," and articulates the State's overarching commitment to which made the government rife for seizure by lawless elements. The
"strengthen its solidarity and actively promote its total presidency was up for grabs, and it
was
imperative that
the
rule
of
⭐Tawahigv.Lapinid2019Leonencase
development." Article XV, Section
2 concerns marriage, in
particular, successionintheConstitutionbeenforced.
The Philippine legal system's framework for the protection of and articulates a broad commitment to
protecting its inviolability as
indigenous peoples was never intended and will not operate to asocialinstitution. DissentingOpinionofJusticePunoinT
olentino,etal.vComelec
deprive courts of jurisdiction over criminal offenses. Individuals Lacking a manifestly restrictive textual definition of marriage, the
belonging to
indigenous cultural
communities who are charged with An outstanding feature of the 1987 Constitution
is
the
expansion of
Constitution is capable of accommodating a contemporaneous
criminal offenses cannot invoke
the
Indigenous Peoples' Rights
Act the democratic space giving the people greater power to exercise their
understanding of sexual orientation, gender
identity and expression,
of1997,toevadeprosecutionandliabilityundercourtsoflaw. sovereignty. Thus, the people can directly exercise their sovereign
and sex characteristics (SOGIESC). The plain
text
and meaning of
authoritythroughthefollowingmodes,namely:
The provisions under Chapter IX of IPRA do not only lend legitimacy ourconstitutionalprovisionsdonotprohibitSOGIESC.
to and enable the continuing efficacy and viability of customary (1) elections;
To continue to ground the family as a social institution on the
laws and practices to maintain order and dispense justice within concept of the complementarity of the sexes is to perpetuate the the people choose the representatives to whom they will
indigenous cultural communities. They also work to segregate discrimination faced by couples, whether
opposite-sex or
same-sex, entrusttheexerciseofpowersofgovernment.
customarylawsandpracticesintwo(2)respects. who do not fit into that mold. It renders invisible the lived realities of
(2) plebiscite;
First, they make
customary laws
and practices structurally and families headed by single parents, families formed by sterile couples,
operationally distinct from enactments of
the
legislature and of families formed by couples who preferred not to have children, the people ratify a ny amendment t o or revision of t he
those upon whom legislative
power has been delegated,
as
well among many other family organizations. Furthermore, it reinforces Constitution and m ay introduce a mendments to the
asregulationsofgeneralapplication. certaingenderstereotypeswithinthefamily. constitution.
Second, they distinguish disputants belonging to the same (3) initiative;
indigenous cultural communities as
the
exclusive
objects of
the
B.Sovereignty
legal process whereby the registered voters
of
an LGU
may
applicationofcustomarylawsandpractices. ConcurringOpinionofJusticeMendozainE
stradav.Arroyo,supra. directly propose,
enact,
or
amend any
ordinance through an
With respect to dispensing justice, resolving conflicts, and electioncalledforthepurpose.
While Art. II, §1
of
the
Constitution says
that
"sovereignty resides
peace-building, the application of customary laws and
practices (4) recall;and
in the people and all government authority emanates from
is
permissible only to
the extent that it
is
in
harmony with the
them," it also says that "the Philippines is a democratic and a
method
of
removing a local
official
from
office
before
the
national legal system. A set of customary laws and practices is
republicanstate." expirationofhistermbecauseoflossofconfidence.
effective
only
within the
confines of the
specific indigenous cultural
communitythatadoptedandadherestoit. This means that ours is a representative democracy — as (5) referendum.
The IPRA does not compel courts of law to desist from taking distinguished from a direct democracy — in which the sovereign
the
people
can
approve or reject a law or an issue of national
cognizance of criminal cases involving indigenous peoples. It will of the people is expressed through the ballot, whether in an
importance.
expresses no correlative rights and duties
in
support of
petitioner's election, referendum, initiative,
recall
or
plebiscite. Any
exercise of
cause.Thus,awritofmandamuscannotbeissued. thepowersofsovereigntyinanyotherwayisunconstitutional. The electoral process is one of the linchpins of a democratic and
republican framework because it is through the act of voting that
Indeed, the right to revolt cannot be recognized as a constitutional
Familyassocialinstitution government by consent is secured. Through the ballot, people
principle. A constitution to provide for the right of the people to
express their
will on
the defining issues of
the
day
and they are able
⭐FalcisIIIv.CivilRegistrarGeneral2019LeonenEnBanc revolt
will carry with it
the
seeds
of
its
own destruction. Rather, the
to
choose their
leaders in
accordance with the fundamental principle
right
to revolt is affirmed as a natural right. Even then, it must be
The
Constitution
does not
define
or
restrict
marriage
on
the
basis of of
representative democracy that
the
people should elect whom they
exercisedonlyforweightyandseriousreasons.
sex,gender,sexualorientation,orgenderidentityorexpression. pleasetogovernthem.
What took place at EDSA from January 16 to 20, 2001 was not a
Article
XV
of
the
1987
Constitution
concerns the family and operates The electorate’s right to information on public matters
revolution but
the
peaceful expression of popular will. The operative
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occupies a higher legal tier in
the Philippines compared to the a. AsuitagainstitisnecessarilyagainsttheState.
a) sovereignandgovernmentalacts(j ureimperii)from
United States. While the right to information in U.S.
jurisdiction b. Suability
then
depends
on
the
nature
of
the function it
is merely a statutory right, it enjoys constitutional status in b) private,commercialandproprietaryacts(j uregestionis). isperformingeithergovernmentalorproprietary.
Philippine jurisdiction. The 1987 Constitution not only enlarged the
democratic space with provisions on the
electorate’s direct exercise Under the restrictive rule of state immunity, state immunity 5. Suability vs. Liability. — Waiver of immunity by the State
of sovereignty, but also highlighted the right of the people to extends only to acts jure imperii. The restrictive application of doesnotmeanconcessionofitsliability.
information on
matters of public interest as a predicate to good State immunity is proper only when the proceedings arise out of
commercial transactions of the foreign sovereign, its commercial a. Suability is the result of the express or implied
governance and a working democracy. The Bill of Rights
sanctifies the right of the people to information under Section 7, activitiesoreconomicaffairs. consentoftheStatetobesued.
ArticleIII. The doctrine of immunity from suit will not
apply and may
not be b. Liability is determined after hearing on the basis of
In our jurisdiction, it is also the rule that the exercise of the right of invoked where the public official is being sued in his private and relevantlawsandestablishedfacts.
suffrage should be an enlightened one, hence,
based on relevant personalcapacityasanordinarycitizen.
PhilippineTextileResearchInstitutev.CA2019Division
facts, data and information. It is for this reason that the choice of In
this case, the US respondents were sued in their official capacity as
representatives in a democracy cannot be based on lottery or any commanding officers of the US Navy who had control and PTRI,etal.aren
otimmunefromsuit.
form of chance. The choice must be based on enlightened supervision over the USS Guardian and its crew. The alleged act
or Being an unincorporated government agency that exercises a
judgment for democracy cannot endure the rule and reign of omission resulting in
the
unfortunate grounding of
the
USS Guardian governmental function, ordinarily, the PTRI enjoys immunity from
ignorance. on the TRNP was committed while they were performing official suit. Further, the employees of PTRI acting in
their
official
capacity
military duties. Considering that the satisfaction of a judgment likewise enjoy this
immunity from
suit,
as
"public officials
may not
C.StateImmunity against said officials will
require remedial actions and appropriation be
sued for
acts done in the performance of their official functions or
of funds by the US government, the suit is deemed to be one withinthescopeoftheirauthority."
Section 3, Art. XVI, 1987 Constitution. The State may not be sued against the US
itself. The principle of State immunity therefore bars
withoutitsconsent. the exercise of jurisdiction by this Court over the persons of However, needless to
say,
the
rule on State immunity from suit is not
respondentsSwift,RiceandRobling. absolute. The State may be sued with its consent. The State's
SuitagainstState consenttobesuedmaybegiveneithere xpresslyo rimpliedly.
Arigov.Swift2014 Consent Express consent may be made through a general law or a special
law. The general law waiving the immunity of
the
state
from suit
is
While the doctrine appears to prohibit only suits against the state 1. Where suit is filed NOT against the government itself or its found in Act No. 3083, where the Philippine government 'consents
without its consent, it is also
applicable to
complaints filed
against officials but against one of its entities,
it
must
be
ascertained and
submits to
be sued
upon
any money claim involving liability
officials of the state for acts allegedly performed by them in the whetherornottheStatehasgivenitsconsenttobesued. arising from contract, express or implied,
which could
serve as
a
dischargeoftheirduties. basisofcivilactionbetweenprivateparties.
2. This ascertainment will depend in the first instance
on
WON
The rule is that if the judgment against such officials will require the theagencyimpleadedisincorporatedorunincorporated. PTRI entered into a Contract of Works with B.A. Ramirez. It is
state itself
to
perform an affirmative act
to
satisfy the
same, such as likewise not disputed that the cause of action of E.A. Ramirez's
3. An incorporated agency
has a charter of its own that invests it Complaint is the alleged breach of the subject Contract. In other
the
appropriation of the
amount needed to
pay the damages awarded
with a separate juridical personality. The test
of
suability
lies words, PTRI is being sued upon a claim involving liability arising
against them, the suit must be regarded as against the state itself
initscharter: from a contract. Hence, the general law on the waiver of
although it
has not been formally impleaded. In such
a situation, the
state may move to dismiss the complaint on the ground that
it
has a. It is suable if its charter says so; regardless of the immunityfromsuitfindsapplication.
beenfiledwithoutitsconsent. natureofthefunctionsitisperforming. Furthermore, there
isimplied
consent on
the
part
of
the
State to be
This traditional rule of State immunity which exempts a State
from subjected to suit when the State enters into a contract. In this
4. Unincorporated agencies have no separate juridical
being sued in the courts of another State without the former’s consent situation,
the government is deemed to have descended to the level of
personality
as
they
are
merged
in
the
general machinery of the the
other
contracting party and to have divested itself of its sovereign
orwaiverhasevolvedintoarestrictivedoctrinewhichdistinguishes
government. immunity. However, not
all
contracts entered into by the government
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operate as a waiver of its non-suability; distinction must still be separatebranchesmustactwithunity.
1. fixes the main lines
of
substantive
policy
and
is
entitled
to
made between one which is executed in the exercise of its sovereign
A lesser known but no less important aspect of the principle of seethatadministrativepolicyisinharmonywithit;
functionsandanotherwhichisdoneinitsp roprietarycapacity.
separation of
powers — deemed written into the rules by established
practice and rendered imperative by the departments' 2. it establishes the volume and purpose of public
D.SeparationofPowers inter-dependence and need for cooperation among themselves — is expendituresandensurestheirlegalityandpropriety;
The separation of powers is a fundamental
principle
in
our
system of the p rinciple of comity or the practice of
voluntarily observing
3. it
must
be
satisfied
that
internal
administrative
controls are
government. It obtains not through express provision but by actual inter-departmental courtesy in undertaking their assigned
operatingtosecureeconomyandefficiency;and
divisioninourConstitution. constitutionaldutiesfortheharmoniousworkingofgovernment.
4. it informs itself of the conditions of administration of
SeparateOpinion,JusticePuno,Macalintalv.Comelec,etal.
OrderoftheFirstDivisionoftheCommissiononElections remedialmeasure.
The principle of
separation of
powers prevents the concentration Congress exercises supervision over the executive agencies
through
Under the doctrine of separation of powers, the three major
of legislative, executive, and judicial powers to a single branch of its veto power. It typically utilizes veto provisions when granting
branches of government — the Executive, the Legislative and the
government by deftly allocating their exercise to the three branches of the President or an executive agency the power to promulgate
Judicial — are coequal and
coordinate with each other. But none may
government. regulations with the force of law. These provisions require the
interfere with, review or pass upon the exclusive powers vested in
Itisnowbeyonddebatethattheprincipleofseparationofpowers each
of
them by the
Constitution. Specifically, not even the other two President or an agency to present the proposed regulations to
great branches of government may reverse
or
modify decisions and Congress, which retains a “right” to approve or disapprove any
(1) allows “blending” of
the some of the executive, legislative, orders of the Supreme Court in given case
— not the
President, not regulation before it takes effect. Such legislative veto provisions
orjudicialpowersinonebody; CongressmuchlesstheCOMELEC. usually provide that a proposed regulation will become a law after
the expiration of a certain
period of
time, only
if
Congress does not
(2) does not prevent one branch of
government from inquiring affirmativelydisapproveoftheregulationinthemeantime.
into
the
affairs
of
the other branches to maintain the balance E.ChecksandBalances
ofpower;
SeparateOpinion,JusticePuno,Macalintalv.Comelec,etal. F.DelegationofPowers
(3) but
ensures
that
there is no encroachment on matters within The rule is that what has been delegated, cannot be delegated or as
For its part, this Court checks the exercise of power of the other
theexclusivejurisdictionoftheotherbranches. expressed in a Latin maxim: potestas delegata non delegari potest.
branches of
government through judicial
review. It is the final arbiter
of disputes involving the proper allocation and exercise of the Therecognizede xceptionst otherulearedelegation:
InRe:ProductionofCourtRecords different powers under the Constitution. Since then, the Court has (1) Of
tariff powers to the President under Section 28(2) of Article
used its expanded power to check acts of the House of VIoftheConstitution;
TheIndependenceoftheJudiciary
Representatives, the
President, and even
of
independent bodies such
The doctrine of separation of powers is an essential as
the
Electoral Tribunal, the
Commission on
Elections and the Civil (2) Of
emergency powers
to
the President under Section 23(2) of
ServiceCommission. ArticleVIoftheConstitution;
component of our
democratic and
republican system of government.
The doctrine inures not
by
express provision of the Constitution, but (3) Tothepeopleatlarge;
Congress checks the other branches of government primarily
as
an underlying principle that constitutes the bedrock of our system
through its law making powers. Congress can create administrative (4) Tolocalgovernments;and
of
checks and balances in government. It divides the government into
agencies, define their powers and duties, fix the terms of officers and
three branches, each with well-defined powers. In its most basic (5) Toadministrativebodies.
their compensation. It
can also create courts, define their jurisdiction
concept, the doctrine declares that
the
legislature enacts
the
law,
the
and reorganize the judiciary so long as it does not undermine the Empowering an administrative body exercising quasi-judicial functions,
executiveimplementsit,andthejudiciaryinterpretsit.
security of tenure of its members. The power of Congress does not to
promulgate rules and regulations is a form of delegation of legislative
Each branch is considered separate, co-equal, coordinate and end with the finished task of legislation. Concomitant with its authority under no. 5 above. However, in every case of permissible
supreme within its own sphere, under the legal and political principal power to
legislate is
the
auxiliary power to
ensure
that the delegation, there must
be
a showing
that the delegation itself is valid. It
reality of one overarching Constitution that governs one laws it
enacts are faithfully executed. As well stressed by one scholar, isvalidonlyifthelaw
government and one nation for whose benefit all the three thelegislature
(a) is complete in itself, setting forth therein the
policy
to
be
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executed,carriedout,orimplementedbythedelegate;and
G.FundamentalPowersoftheState Propertytaken Destroyed Intendedforpublicuseor
(b) fixes a standard — the limits of which are sufficiently ➔ Inherent and do not need to be expressly conferred by becauseitis purposeandistherefore
determinate and determinable — to which the delegate must constitutionalprovisions. noxious wholesome
conformintheperformanceofhisfunctions.
➔ DeemedinvestedinaStatethemomentitcomesintobeing. Compensation Intangible Afullandfairequivalentofthe
A
sufficient standard is one which defines legislative policy, marks its
limits, maps out its boundaries and specifies the public agency to apply Briefly
altruistic propertyexpropriatedor
it.
It
indicates the circumstances under which the
legislative command (1) Police Power regulates liberty and property for the promotion feelingthathe protectionandpublic
istobeeffected. ofthegeneralwelfare. has improvementsforthetaxespaid
⭐Provincial Bus Operators Association of the Philippines v. DOLE contributedto
(2) Eminent Domain enables the State to forcibly acquire
2018LeonenEnBanc thegeneral
property, upon payment of just compensation, for some
welfare
Our governmental structure rests on the principle of
separation of intendedpublicuse.
powers. Under our constitutional order, the legislative branch enacts
(3) Taxation is
the ability to demand from the members of society
law, the executive branch implements the law, and the judiciary
construes the law. In reality,
however, the
powers are
not
as strictly their
proportionate share or contribution in the maintenance of
PolicePower
confined or delineated to each branch. The growing complexity of thegovernment.
modern life, the multiplication of the subjects of governmental Similarities 1. Power of promoting the public welfare by restraining and regulating
regulation, and the increased difficulty of administering the laws theuseoflibertyandproperty.
require the delegation of powers traditionally belonging to the (1) Inherent in the State and may be exercised without express
legislativetoadministrativeagencies. constitutionalgrant. 2. In a positive sense, it is the power to prescribe regulations to
promote the
health,
morals, peace, education, good
order
or safety,
(2) Not only necessary but indispensable. The State cannot andgeneralwelfareofthepeople.
⭐KilusangMayoUnov.AquinoIII2
019LeonenEnBanc
continueorbeeffectiveunlessitisabletoexercisethem.
All
that
is
required for the valid exercise of this power of subordinate In
negative terms, it is that inherent and plenary power in the State
(3) MethodsbywhichtheStateinterfereswithprivaterights. which enables
it
to
prohibit all
things hurtful to the comfort, safety
legislationisthat
(4) Presuppose an equivalent compensation for the
private
rights andwelfareofsociety.(A gustinv.Edu,G.R.No.L-49112)
1) the regulation
must
be
germane
to
the
objects
and purposes
ofthelaw;and interferedwith. 3. The most essential, insistent and the least limitable of powers,
extendingasitdoes“toallthegreatpublicneeds.”
2) that the regulation be not in contradiction to, but in (5) Exercisedprimarilybythelegislature.
conformitywith,thestandardsprescribedbythelaw. 4. It
operates from the womb to
the
tomb,
protecting the
person even
Limitation
Under the first test or the so-called completeness test, the law before he
is born and prescribing structures and requirements as to
Subject at all times to the limitations and requirements of the thedispositionofhisbody,andhisestate,ifany,whenhedies.
must be complete in all its
terms
and conditions
when it
leaves
the
legislature such that when it reaches the
delegate,
the
only thing
he Constitution and may in proper cases be annulled by the courts of 5. May not be bargained away through the medium of contract or
willhavetodoistoenforceit. justice. even a treaty. The impairment clause must yield to the police
The second test or the sufficient standard test, mandates that power whenever the contract deals with a subject affecting the
there should be adequate guidelines or limitations in the law to PolicePower EminentDomain Taxation publicwelfare.
determine the
boundaries of
the
delegate's
authority
and
prevent the ★ In Inchong v. Hernandez, the enforcement of the Retail
Trade
delegationfromrunningriot. Regulates Bothliberty Onlypropertyrights Nationalization Law was enjoined as it was alleged to be
The Social Security Act has validly delegated the power to fix the andproperty inconsistent with the treaty of amity between the Philippines
contribution rate and the minimum and maximum amounts for
the and China, the UN Charter, and the UDHR. The SC saw no
monthly salary credits. It is within the scope
of
the
Social
Security Exercisedby Government Governmentand Government conflict and decreed that “the treaty is always subject to
Commission'spowertofixthem,asclearlylaidoutinthelaw. privateentities qualification or amendment by a subsequent law, and the same
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may never curtail or restrict the scope
of
the
police
power
of ★ Administrativeboards;
police power in the form of a fee, even though revenue is
theState.”
★ Lawmakingbodiesonallmunicipallevels,includingthe incidentally generated. In
other
words, if
generation of
revenue is
★ It
must be noted though that,
in Bayan Muna v. Romulo, the SC barangay. the primary purpose, the imposition is a tax but, if regulation is
distinguished a treaty and an
executive agreement as
follows: the primary purpose, the
imposition is properly categorized as
3. Quasi-legislative power — authority
delegated by
the
lawmaking
“a
treaty has
greater “dignity” than an
executive agreement, aregulatoryfee.
body to the administrative body to adopt rules and regulations
because its constitutional efficacy is beyond doubt, a treaty
intended to carry out the provisions of the law and implement A cursory reading
of
the
whereas clauses
makes it
apparent that
the
having behind it
the
authority of the
President, the Senate, and
legislativepolicy. purpose of the ordinance is to regulate the construction and
the people; a ratified treaty, unlike an executive agreement,
maintenance of electric and telecommunications posts erected within
takesprecedenceoveranypriorstatutoryenactment. 4. Municipal
governments exercise quasi-legislative powers under the
Cagayan de Oro City.
Thus,
it
is
clear
that
the
ordinance in
this case
generalwelfareclause,Sec16,LocalGovernmentCode.
★ In Deutsche Bank AG Manila Branch v. CIR, citing Tanada v. serves a regulatory purpose and is, hence, an exercise of police
Angara, SC pronounced that a “state that
has
contracted valid 5. No mandamus is available to coerce the exercise of the police power.
international obligations is bound to make in its legislations power.Itsexerciseisuponthediscretionofthelegislature.
those modifications that may be necessary to ensure the Tests
6. The question of validity of legislation as determined by the
fulfillmentoftheobligationsundertaken.” (1) RationalRelationship/BasisTest
criterionoftheirconformitytotheConstitutionisj usticiable.
6. Is dynamic, not static, and must move with the moving society it is (a) Appliedmainlyina
nalysisofequalprotectionchallenges;
supposedtoregulate. Evasco,Jr.v.Montañez2018
(b) Laws and ordinances are upheld if they rationally
further a
7. May sometimes use the taxing
power
as an
implement
for
the Ordinance No. 092-2000, which regulates the construction and legitimate governmental interest. Under intermediate
attainmentofalegitimatepoliceobjective. installation of
building and
other structures such as billboards review, governmental interest is
extensively examined and
the
within Davao City, is an exercise of police power. The Davao City availabilityoflessrestrictivemeasuresisconsidered.
★ In Lutz v.
Araneta, the
SC
sustained as a legitimate
exercise of
Charter
vested the
local Sangguniang Panlungsod with
the
legislative
the police power the imposition of a special tax on sugar (c) Tworequisitesmustconcur:
power to regulate, prohibit, and fix license fees for the display,
producers for
the
purpose of
creating a special fund to be used
construction, and maintenance of billboards and
similar structures. (i) The interests of the public generally, as
fortherehabilitationofthesugarindustry.
This direct and specific grant takes precedence over distinguished from
those
of
a particular
class, require
★ In Gerochi v. DOE, the Universal Charge was considered
as
an requirements set forth in another law of
general
application, in
this itsexercise;and
exaction in
the exercise of
the
State’s
police
power, imposed to casetheNationalBuildingCode.
ensuretheviabilityofthecountry’selectricpowerindustry. (ii) The means employed are reasonably necessary for
Thus, the consistency between Ordinance No. 092-2000 with the accomplishment of the purpose and not unduly
8. Powerofeminentdomaincouldalsobeusedasanimplement. the National Building Code is irrelevant to the validity of the oppressiveuponindividuals.
former.
9. When the conditions so demand as determined by the
legislature, (2) StrictScrutinyTest
property rights must bow to the primacy of police power Even if
the
National Building
Code
imposes minimum requirements
because property rights, though sheltered by due process, must as to the construction and regulation of billboards, the city (a) Focus is on the presence of compelling, rather than
yield
to
general welfare. Police power as an attribute to promote the government may impose stricter limitations
because its
police substantial, government interest and on the absence of less
common good
would be
diluted considerably if on the mere plea of power to do so originates from its charter and not from the restrictivemeansforachievingthatinterest.
petitioners that they will suffer loss of earnings and capital, the NationalBuildingCode. LawfulSubject
questionedprovisionisinvalidated..(C arlosSuperdrugv.DSWD)
Subject of the measure is within the scope of police power, i.e. the
Exercise CityofCagayanDeOrov.CagayanElectricPower&Light2018
activityorpropertysoughttoberegulateda ffectsthepublicwelfare.
1. Lodgedprimarilyinthenationall egislature. The purpose of an imposition will determine its nature as either a tax ★ In Taxicab Operators of Metro Manila
v.
Board of
Transportation,
or
a fee.
If
the purpose is
primarily revenue, or if revenue is at least an administrative regulation phasing out taxicabs more than six
2. Byvirtueofv aliddelegation,maybeexercisedby:
one of the real and substantial purposes, then the exaction is properly years old was held a valid police measure to protect the
riding
★ ThePresident; classified as an exercise of the power to tax. On the other hand, if the publicandpromotetheircomfortandconvenience.
purpose is primarily to regulate, then it is deemed an exercise of
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★ In Velasco v. Villegas, an ordinance prohibiting barber shop Private matters in which the public interest is not at all involved are
orrestrictingthepoliticalprocess.
operators from rendering massage services
in
a separate room was beyondthescopeofpolicepower.
likewise sustained, to prevent immorality and enable the
★ In
Ople
v.
Torres, an
administrative
order
establishing the
National Rationalbasis
authoritiestoproperlyassesslicensefees. Reviewofeconomiclegislation
Computerized Identification Reference System for the expressed standard
★ In
Bautista
v.
Junio, to
conserve
energy, prohibition of
heavy and purpose of facilitating transactions with the government,
extra-heavy vehicles from using public streets on weekends and particularly those providing basic services and social security Heightenedor Evaluatingclassificationsbasedongender
legalholidayswassustained. benefitswasstruckdownasaninvasionofpeople’sprivacy.
immediatescrutiny andlegitimacy
★ In Tio
v.
Videogram Regulatory Board, the creation of the VRB was ★ However, in Kilusang Mayo Uno v. Director General, NEDA, the
sustained “to answer the need for
regulating the video industry, Court upheld EO 420 prescribing for all government agencies and Overbreadth Astatuteneedlesslyrestrainseven
particularly because of the rampant film piracy, the flagrant GOCCs a “uniform data collection and format for their existing ID doctrine constitutionallyguaranteedrights
violation of intellectual property rights, and the proliferation of systems”fortheirrespectiveemployees.
pornographicvideotapes.”
LawfulMeans Void-for-vagueness Apenalstatuteencroachesuponthefreedom
★ In the landmark case of Lozano v. Martinez, the SC upheld the doctrine ofspeech.
1. Both ends and means must be legitimate. Otherwise, the police
validity of BP 22 as it preserves the integrity of the banking
measure shall be
struck down as an arbitrary intrusion into private
systembypreventingworthlesschecksfromfloodingthesystem.
rights. 4. In fine, the means
employed for the
accomplishment of
the
police
★ In Department of Education v. San Diego, a regulation disqualifying objective must pass the test of reasonableness and, specifically,
2. There should be reasonable relation between the means and
any person who has failed the NMAT three times from taking it conform to the safeguards embodied in the Bill of Rights for the
theend.
again was reinstated by the SC as the measure was intended to protectionofprivaterights.
protectthepatients. ★ In Ynot v.
IAC, an EO prohibiting the transport of carabaos and
carabeef across provincial boundaries without government
★ In Sangalang v.
IAC, the SC sustained the opening of
two erstwhile EminentDomain
clearance, was invalidated as the purpose of indiscriminate
private roads due to the demands of the common good, namely,
slaughterwasnotsatisfactorilymetbythemeansemployed. Definition,NatureandFunction
trafficdecongestionandpublicconvenience.
★ A law limiting the capacity of
common carriers, or
of
theaters Also called the power of expropriation, it is described as “the
★ In Del Rosario v. Bengzon, the Generics Act was sustained to
as in the case of People v. Chan, is valid as this would be a highest and most exact idea of property remaining in the
“promote and require the use of generic drug products that are
reasonable method for promoting the comfort, convenience and government” that may be acquired for some public purpose through
therapeuticallyequivalenttotheirbrand-namecounterparts.”
safetyofthecustomers. amethod“inthenatureofacompulsorysaletotheState.”
★ In Telecommunications and Broadcast Attorneys of
the
Philippines
★ In City Government of QC v. Ericta, in invalidating an ordinance, Sec 9 Art III of the Constitution, providing that “private property
v. COMELEC, Sec 92 of BP Blg 881 requiring radio and television
the SC
said “there is no reasonable relation between the setting shall not
be taken for public use without just compensation”, serves
stations to give free airtime to respondent for broadcasting
aside of at least 6% of the total area of
private cemeteries for as a limitation, not a grant, of such power. It should be strictly
information regarding the candidates in the 1998 elections was
charity burial grounds of
deceased paupers and the promotion interpreted against the expropriator and liberally in favor of the
validated. According to Justice Mendoza, “Radio and television
of health, morals, good order, safety, or
the
general welfare of propertyowner.
broadcasting companies which are given franchises, do not own the
the people. The ordinance is actually a taking without just
airwaves and frequencies through which they transmit broadcast WhenexercisedbyLGUorotherdelegates
compensation.”
signals and images. They are
merely given the
temporary privilege
of using them. The exercise of the privilege may reasonably be ★ In OSG v. Ayala Land, Inc., the SC rejected petitioner’s 1. Congress;
burdened with the performance by the grantee of some form of contention that malls, inasmuch as they are required by the 2. ThePresidentofthePhilippines;
publicservice.” National Building Code to provide parking spaces for their
customers,shouldprovidesuchforfree. 3. Variouslocallegislativebodies;
★ In Social Justice Society v.
Atienza, a zoning ordinance of the City of
Manila reclassifying “certain areas of the city from industrial to 3. TheSChasinvariablyappliedcertainstandardsforjudicialreview: 4. Certainpubliccorporations,liketheNHAandwaterdistricts;
commercial” was upheld by the SC citing its implementation for the 5. Quasi-public corporations like the Philippine National
protectionandbenefitoftheresidents. Strictscrutiny Lawsdealingwiththefreedomofthemind
Railways,PLDT,Meralco.
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EssentialrequisitesfortheexercisebyanLGU Stages
violationofSection8.
1) Enactmentofano
rdinance,notjustaresolution; 1) Determinationofthev
alidityo
ftheexpropriation;
The exercise of the power of eminent domain necessarily
2) Must be
for
a public use, purpose or welfare, or for the benefit involves a derogation of fundamental right. The exercise of the power Necessityofanexpropriationisajusticiablequestion.
ofthepoorandthelandless; of eminent domain drastically affects a landowner's right
to
private
2) Determinationofj ustcompensation.
property, which is as much a constitutionally-protected right
3) Paymentofj ustcompensation;and
necessary for the
preservation and
enhancement of
personal dignity ➔ Once the State decides to exercise its power of eminent domain,
4) Exercise must
be
preceded by
a valid and definite offer made and intimately connected with the rights to life and liberty. Therefore, the
power of
judicial
review becomes limited in scope, leaving
totheowner,whorejectsthesame. theexerciseofsuchpowermustundergopainstakingscrutiny. thecourtstosettleonlythesecondstage.
Conditionsprecedenttotheissuanceofawritofpossession Sec 19 of the LGC also states that the exercise of such delegated ➔ Only when just compensation has not been given or the amount
power should be pursuant to the Constitution and pertinent laws. thereof not agreed upon may the remedy of prohibition
1) Complaint for
expropriation sufficient in form and substance is
R.A. No. 7279 is such pertinent law in this case as it governs the becomeavailable.
filedinthepropercourt;and
local expropriation of properties for purposes of urban land
➔ A
court’s
determination of
just
compensation
may
be set aside
2) Deposit with said court at least 15% of the property’s fair reformandhousing.
iftaintedwithgraveabuseofdiscretion.
marketvalueb asedonitscurrenttaxdeclaration.
The
case of Estate or Heirs of the Late Ex-Justice Jose B.L. Reyes v.
PrivateProperty
CityofManilav.Prieto2019 City of Manila emphatically ruled that the provisions are strict
limitations on
the
exercise
of
the
power of eminent domain by local ➔ Anything that
can
come under
the dominion of
man,
including:
(1)
The
City
Council of
Manila
enacted
an
Ordinance that
authorized the governmentunits,especiallywithrespectto: real and personal, (2) tangible and intangible properties. Except
City Mayor to acquire certain parcels of land belonging to moneya ndchosesinaction.
(1) the order of priority in acquiring land for socialized
respondentstobeusedforthecity’sLand-For-The-LandlessProgram.
housing;and ➔ Property already devoted to public use is still subject to
Initially, petitioner attempted to acquire the subject lots by expropriation, provided this is done (1) directly by the
negotiatedsalewhichrespondentsrefusedtoaccept. (2) the resort to expropriation proceedings as a means of legislature, or (2) under a specific grant of authority to the
acquiringit. delegate.
The SC adopted the ruling of the CA wherein the latter found the
following circumstances to invalidate the expropriation done by Compliance with
these conditions is
mandatory. As correctly found ★ In NHA v. DARAB, land, whether tenanted or
not,
acquired
by
petitioner: by the CA, nothing in
the
records
indicates
that
petitioner complied the NHA for its
housing
and resettlement programs are exempt
withSection19oftheLGCandSections9and10ofR.A.No.7279. fromlandreformunderPD1472.
1. The
records
lack
any evidence to
support petitioner's claim
that
an
on-site
development program is the most practicable NecessityofExercise ➔ Servicesa reconsideredembracedintheconceptofproperty.
and advantageous for the beneficiaries, to justify the
➔ Essentiallyp
oliticalinnaturewhenexercisedbythelegislature. ★ In Republic v. PLDT, the SC upheld the right of the Bureau of
non-applicability of the list
of
priorities in land
acquisition
Telecommunications to demand the interconnection between
underSection9ofR.A.No.7279. ➔ In cases of delegated authority, the judiciary has assumed the power the Government Telephone System and PLDT, so that the
Petitioner failed to take into consideration the legal to inquire whether the authority conferred has been correctly or formercouldmakeuseofthelinesandfacilitiesofPLDT.
definitionofano
n-sitedevelopmentunderR.A.No.7279. properly exercised. This involves looking into
the
necessity of
the
expropriation. ★ Similarly, in PLDT v. NTC, the petitioner was required to
2. Petitioner failed to exhaust other modes of acquisition interconnectwithaprivatetelecommunicationscompany.
before it resorted to expropriation in violation of Section 10 ★ In Republic v. La Orden de PP. Benedictinos de Filipinas, the
order of the President of the Philippines to expropriate a ➔ Mustbewholesome,asitisintendedforpublicuse.
of R.A. No. 7279. Failure to renegotiate the offer to
purchase the property before filing the expropriation case portion of the property of the defendant for the extension of
now Recto St. was dismissed, with the Court declaring that PNOCAlternativeFuelsv.NGCP2019
warrantsthedismissalofthecomplaintforexpropriation.
courts have the power to inquire into the legality of the right of Republic v. East Silverlane Realty Development Corp. held that
3. The
intended beneficiaries of petitioner's socialized housing eminent domain and
to determine whether or
not
there is
a when the subject property is classified by the government as an
program are not "underprivileged and homeless," in genuinenecessitytherefor. industrial zone, the subject property therein had been declared
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smoke from
an
exhaust
fan
blew
directly
into
the
house
of
the
patrimonial. Further, it
is
apparent from
R.A.
No.
10516 and its IRR For this reason, the latter is entitled to payment of a just
petitioner,andwasthusdulyawardedwithjustcompensation.
that the industrial estate is being
owned, managed, and
operated by compensation, which must be neither more nor less than the
the State, not in its sovereign capacity, but rather in its private ➔ Compensable taking includes destruction, restriction, diminution, monetaryequivalentofthelandtaken.
capacity. It is apparent from P.D. No. 949, as
amended by
R.A. No. or interruption of the rights of ownership or of the
common
and
NPC
v. Sps Aoque citing NPC v. Tiangco held that if the easement is
10516, that the Petrochemical Industrial Park is intended and necessary use and enjoyment of the property in a lawful manner,
intended to perpetually or indefinitely deprive the owner of his
accordinglydevotedbylawasacommercialandbusinessventure. lesseningordestroyingitsvalue.
proprietaryrights
Thus, NGCP has the
authority
under
Section
4 of
R.A.
No.
9511 ➔ It
is
neither
necessary that the owner be wholly deprived of the use
a) through the
imposition
of conditions that affect the ordinary
toexpropriatethesubjectproperty. of
his
property,
nor
material whether the property is removed from
use,freeenjoymentanddisposalofthepropertyor
thepossessionoftheowner,orinanyrespectchangeshands.
Taking b) through restrictions and limitations that are inconsistent
Requisites of Taking in Eminent Domain (according to Republic v. withtheexerciseoftheattributesofownership,or
➔ May include trespass without actual eviction of the owner, material Castellvi)
impairment of the value of the property or prevention of the c) when the introduction of structures or objects which, by
ordinaryusesforwhichthepropertywasintended. 1) The e
xpropriator m
ust e
nter a
p
rivate p
roperty ;
their nature, create or increase the probability of injury,
2) Theentrymustbeformorethanamomentaryperiod; death upon or destruction of life and property found on the
★ In Ayala de Roxas v. City of Manila, the imposition of an landisnecessary,
easement over a 3-meter strip of the plaintiff’s property could 3) Theentrymustbeunderwarranto rcoloroflegalauthority;
notbelegallydonewithoutpaymenttoitofjustcompensation. then the owner should be compensated for the monetary
4) The property must be devoted to public use or otherwise equivalentoftheland.
★ In People v. Fajardo, a municipal ordinance prohibiting informallyappropriatedorinjuriouslyaffected;
construction of any building that would destroy the view of the In this case, considering that the installation of the power lines
plaza from the highway was considered a taking under the 5) The u tilization o f
the
p roperty f or
p ublic u se must b e
i n
s uch a
would definitely deprive Spouses Taglao of the normal use of their
powerofeminentdomain. way a
s t
o o
ust t
he o
wner a
nd d
eprive h
im o
f b
eneficial property, t
hey a
re e
ntitled t
o t
he p
ayment o
f a
j
ust c
ompensation,
enjoymentoftheproperty. which is neither more nor less than the monetary equivalent of the
★ The right-of-way easement, resulting in the restriction or subjectproperty.
limitation on property rights over the land traversed by ➔ Mere notice of the intention to expropriate a particular property
transmission lines is also an exercise of expropriation, as in does not bind its owner and inhibit him from disposing or
Publicuse
NPCv.Aguirre-Paderanga. otherwisedealingwithit.
➔ Any use directly available to the general public as
a matter of right
★ In NPC v. Ileto, the prohibition imposed by the transmission ➔ AnOrdinanceauthorizingexpropriationwillnotsuffice. andnotmerelyofforbearanceoraccommodation.
lines, i.e.
construction of any improvements or planting of any ➔ The expropriator can only enter said property after expropriation
trees that exceed 3 meters within the aerial right of way, clearly ➔ There will also be public use involved even if the expropriated
proceedings are actually commenced and the deposit required by
interferes with the landowners’ right to possess and enjoy their property is not actually acquired by the government but
is merely
lawisdulymade.
properties. devoted t o
p ublic s ervices a dministered b y
p rivately-owned public
➔ The owner does not need to file the usual claim for recovery of just utilities s
uch a
s t
elephone o
r l
ight c
ompanies.
➔ Not
every taking is compensable, as it
may be justified under compensation with the COA if the government takes over the
thepolicepower. ➔ Important thing is that any member of the general public can
property and devotes it to public use without benefit of
demand, for free or for
a fee, the right to use the converted property
★ Thus, losses sustained are in the nature of damnum absque expropriation,aswasheld inthecaseofA migablevCuenca.
forhisdirectandpersonalconvenience.
injuria. The only recompense available to
the affected owners
NationalTransmissionCorp.v.SpsTaglao2020 ➔ Broadened to include those that will redound to the indirect
is the altruistic feeling that they somehow contributed to the
greatergood. advantageorbenefitofthepublic.
True, an easement of
a right of way transmits no rights except the
★ This rule is only valid as long as the prejudice suffered by
an easement itself, and the respondents would retain full ownership of ➔ Complianttothepublicuserequirement:
individual is
shared in common with the rest as was illustrated the
p roperty taken. N onetheless, t he a cquisition o f
s uch e asement i s
★ Agrarianreform;
in Richards v. Washington Terminal. In that case, most
of
the not gratis. The limitations on the use of the property taken for an
indefinite period would deprive its
owner of the
normal use thereof. ★ Slumclearanceandurbandevelopment;
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★ Urbanlandreformandhousing,orsocializedhousingprogram. ownerbytheexpropriator.
finaldecisionofthepropercourt.
➔ Mustbefairnotonlytotheowner,butalsototheexpropriator.
MCIAAv.Lozada,etal.
➔ According to De Knecht v. CA, owner
refers
to
all
those
who
have Howdetermined
The condition not having
materialized
because
the
airport
had
been lawful interest in the property to be condemned, including a ➔ To
ascertain just compensation, the court should determine first the
abandoned, the former owner should then be allowed to mortgagee, a lessee, and a vendee in possession under an executory
actualorbasicvalueoftheproperty.
reacquiretheexpropriatedproperty. contract.
Fery v. Municipality of Cabanatuan was not decided pursuant to ★ However, in LBP v.
AMS Farming Corporation, SC rejected IfConsequentialDamages>ConsequentialBenefits
our
now sacredly held
constitutional right that private property shall respondent’s claim for
just compensation as
it was a mere
J .C. = Actual V alue + (Damages − B enef its )
not be taken for public use without just compensation. It is well lessee.
The Court ruled that it
had
no right under the CARL
settled that the taking of private
property by
the
Government's to demand from LBP just compensation for the
Otherwise: J ust Compensation = Actual V alue
power of eminent domain is subject to two mandatory improvements it had introduced to the leased land. Its
requirements: rights are conferred by the provisions of the MOA it ➔ The basic or
market value of
the property is the price that may be
executed with TOTCO in relation to
the
Civil Code. (Thus, agreed upon by parties willing but not compelled to enter into a
(1) thatitisforaparticularpublicpurpose;and
AMSmaydemandfromTOTCO,andnotfromLBP.) contracto fsale.
(2) thatjustcompensationbepaidtothepropertyowner.
⭐LBPv.Manzano2018LeonenDivisioncase ➔ Just compensation “simply means the
property’s fair
market value
These requirements partake of the nature of implied conditions at the time of the filing of the complaint, or that sum of money
that
should be
complied with to enable the condemnor to keep the In determining just compensation, whether or not the RTC can simply which a person desirous but not compelled to but, and an owner
propertyexpropriated. adopt the Consolidated Commissioners' Report, and whether or not it willing but not compelled to sell, would agree on as price to be
More particularly, with respect to the element of public use, the is
mandated to
follow
the formula prescribed under Republic Act No. givenandreceivedtherefor.”
expropriator should commit to use the property pursuant to the 6657,Section17.
➔ Among the factors to be considered in arriving at the fair market
purpose stated
in
the
petition for expropriation filed, failing which, it NO. The RTC has the full discretion to make a binding decision on the value:
should file
another petition
for the
new purpose. If not, it is then valueoftheproperties.
incumbent upon the expropriator to return the said property to its ★ Costofacquisition;
privateowner,ifthelatterdesirestoreacquirethesame. The final determination of the Regional Trial Court sitting as a Special
★ Currentvalueoflikepropertiesatthetimeoftaking;
AgrarianCourtmustberespected.
⭐We now expressly hold that the taking of private property, ★ Actualorpotentialuses;
consequent to the Government's exercise of its power of eminent RA
6657, Section 57
gives to the Special Agrarian Courts the "original
domain, is always subject to the condition that the property be and exclusive jurisdiction over all
petitions for
the
determination of ★ In case of land, their size, shape or location and the tax
devoted to the specific public purpose for which it was taken. just
compensation to landowners." The final decision on the value of declarationsthereon.
Corollarily, if
this
particular purpose or
intent is not initiated or just compensation lies solely on the Special Agrarian Court. Any
➔ Themeasureisnotthetaker'sgain,buttheowner'sloss.
not at all pursued, and is peremptorily abandoned, then the attempt to convert its original jurisdiction into an appellate
former owners, if they so desire,
may seek
the reversion of
the jurisdiction is contrary to the explicit provisions of the law. Thus, ➔ Expropriation is
not
limited to the acquisition of real property with
property, subject to the return of the amount of
just
compensation aggrieved landowners can go directly to the Special Agrarian Court a corresponding transfer of title or possession. The right-of-way
received. In
such a case, the exercise of the power of eminent domain that is
legally
mandated to
determine just
compensation, even when easement resulting in a restriction or
limitation on
property
has become improper for lack of the required factual noadministrativeproceedingasconductedbeforeDAR. rights over
the land traversed by
transmission lines also falls
justification. withintheambitofthetermexpropriation.(NPCv.Ibrahim)
The Special Agrarian Court must ensure that the
amount determined
at
the
end of
the
proceedings is
equivalent to
the
fair market value CityGovernmentofValenzuelav.SpsAbacan2019Resolution
Justcompensation of the property at the time of the taking, and not based on a
➔ The determination of
just
compensation is
a judicial function strict adherence to a particular set or series of
rules imposed In Manila Electric Company v. Pineda, the Court held that
where
which cannot
be
curtailed or limited by legislation, much less by agricultural reform laws or administrative orders. While the issue is determining the amount of just compensation in an
byanadministrativerule.( LBPv.Manzano) Section 17 requires due consideration of the formula prescribed
by expropriation suit, a trial before the commissioners is
DAR, the determination of just compensation is still subject to the indispensable. However, while the appointment of
commissioners
➔ Full and fair equivalent of the property taken from the private
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➔ Where entry
preceded
the
filing
of
the
complaint for expropriation, ➔ Title to the property shall not be
transferred
until
after
actual
is
mandatory in
resolving the issue of just compensation,courts
are
theassessmentshouldbemadeatthetimeoftheentry. paymentofjustcompensation.
not bound by their findings. Courts may substitute their estimate of
thevalue,a
slongasitissupportedbytheevidenceonrecord. ◆ As a general rule, Rule 67 Sec 4 provides that just
Republicv.Lim
compensation is computed at the time of taking of the
Damagesandinterestaspartofjustcompensation property or at the time the complaint is filed, whichever In
cases
where the government failed to pay the compensation within
➔ Consequential comesfirst.
Damages consist
of injuries directly caused on the five years from the finality of the judgment in the expropriation
residueoftheprivatepropertytakenthroughexpropriation. ★ In
Republic v. Castellvi, property was
deemed taken
only when proceedings, the owner concerned shall have the right to recover
★ In Republic v BPI, SC clarified that no actual taking of the expropriation proceedings were
commenced in
1959, not as of possessionoftheirproperty.xxxx
buildingisnecessarytograntconsequentialdamages. the time of commencement of the lease in 1947. Thus, just
In Coscolluela v CA, we defined just compensation as not only the
compensationwasascertainedin1959.
★ In
Heirs of Banaag v AMS Farming Corporation, it was stressed correct determination of the amount to be paid to the property owner
that just compensation for the crops and improvements is ★ In
City of
Cebu v. Dedamo, the filing of the complaint preceded but also
the
payment of
the
property within a reasonable time.
inseparable from the valuation of the
raw
lands as
the
former the taking of
the property but
SC said that the valuation should xxxx
are part
and parcel
of
the
latter.
These must
be
awarded to
the be
computed at
the time of taking not necessarily at the time of
landowner irrespective of the nature of ownership of said the filing of complaint which was done earlier the
reason for LBPv.Rivera
crops. that is there is a provision under Section 19 of RA 7160
which provides in essence that the
valuation taken
by the LGU The formula outlined in DAR Administrative Order No. 5,
series
of
ExportProcessingZoneAuthorityv.Dulay shouldbereckonedasofthedateofactualpossession. 1998shouldbeappliedincomputingjustcompensation,thus:
➔ Where the
institution
of the action precedes entry into the property, LV=(CNIx0.6)+(CSx0.3)+(MVx0.1)
It is violative of due process to deny the owner the opportunity to the just compensation is to be ascertained as of the time of the filing
prove that
the
valuation in
the tax documents is unfair or wrong. And Where:
ofthecomplaint.
it is repulsive to the basic concepts of
justice
and fairness to
allow LV=LandValue
the haphazard work of a minor bureaucrat or clerk to absolutely ➔ Value
of
the
land
and
its
character at the time it was taken by CNI=CapitalizedNetIncome
prevail over the judgment of a court promulgated only after expert the government are the criteria for determining just CS=ComparableSales
commissioners have
actually viewed the property, after evidence and compensation. MV=MarketValueperTaxDeclaration
arguments pro
and
con have been presented, and after all factors and ➔ The owner is entitled to payment of interest from the time of the As
held in Republic v.
CA, if property is taken for public use before
considerations essential to a fair and just determination have been takingu
ntiljustcompensationisactuallypaidtohim. compensation is deposited with the court having jurisdiction over
judiciouslyevaluated. the
case, the final compensation must include interest on its just
➔ Thus, the determination of just compensation is a judicial ApoFruitsv.LBP value to
be computed from the time the property is taken to the time
function. Any
determination
by an
administrative
body, is
at
best, when compensation is actually paid or
deposited with
the court. In
preliminary. To be
just, the compensation must not only
be the correct amount to fine, between the taking of
the property and the actual payment, legal
be paid; it
must also
be
paid
within a reasonable time
from the time interests accrue in order to
place the
owner in
a position as good as
➔ Just compensation must be paid in money. This was not followed in the land is taken from the owner. If not, the State must pay the thepositionhewasinbeforethetakingoccurred.
the CARP cases, where the SC adopted a more pragmatic stance landowner interest, by way
of damages, from the time the property
noting the enormity of the amount needed vis-a-vis the financial was taken until just compensation is fully paid. This interest, deemed
capacity of the expropriator. Thus, modes of
compensation under Republicv.DelaCruz2019Resolution
a part of just compensation, has been established by prevailing
Sec 18 of RA 6657 (CARP Law) were validated as
its
invalidation jurisprudencetobe1 2%perannum. Interest in eminent domain cases "runs as a matter of law and
wouldverilymeanthedeathoftheentirelaw.
NBByvirtueofBSPCircularNo799Seriesof2013,rateofinterestis follows as
a matter
of
course
from the
right of
the landowner to be
➔ The
property taken should be assessed during the time of the taking peggedat6%perannum,asofJuly1,2013. placed in
as good
a position as
money can accomplish, as of the
which usually coincides with the commencement of the dateoftaking."
expropriationproceedings. ➔ Neither laches nor prescription may bar a claim for just
compensationforpropertytakenforpublicuse.
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Rental ➔ Every expropriation case has this built-in condition that the
itfollowingtheprevailingjurisprudence.
property should be
devoted for the very same purpose for which it
ExportProcessingZoneAuthorityv.EstateofJimenez was expropriated as stated in the complaint. Such that: if the Distinguishedf rompolicepower
property was not utilized in the said purpose, then recovery may be
The Court has held that compensation cannot be just to the owner
allowed with or without the express condition. The State shall have Agan,Jr.v.PIATCO
in the case of property that is immediately taken unless there is
toinstituteaseparateexpropriationcaseforthatnewpurpose.
prompt payment, considering that the
owner thereby immediately Sec 17 Art XII pertains to the right of the State in times of
national
suffers not
only the loss of
his property but also the loss of its fruits NTCv.BermudaDevelopment2019Divisioncase emergency, and in the exercise of its police power, to temporarily take
or income. Thus, in addition, the owner is entitled to legal interest overtheoperationofa nybusinessaffectedwithpublicinterest.
from the time of the taking of the property until the actual A case filed by a landowner for recovery of possession or
ejectment against a public utility corporation, endowed with the In the 1986 Constitutional Commission, the term "national
payment in order to place the owner in a position as good as, but not
power of
eminent domain, which has occupied the land belonging to emergency" was defined to include threat from external
betterthan,thepositionhewasinbeforethetakingoccurred.
the former in the interest of public service without prior acquisition aggression, calamities or national disasters, but not strikes
RemedyofDispossessedOwner of title thereto by negotiated purchase or expropriation proceedings, "unless it is of such proportion that would paralyze government
will not prosper. Any action to compel the public utility corporation service."
➔ If a landowner agrees voluntarily to the taking of his property by
to vacate such property is unavailing since the landowner is
denied The duration of
the emergency itself is the determining factor as to
the government for public use, he waives his right to the institution
the remedies of ejectment and injunction for reasons of public how long the
temporary takeover by the government would last. The
ofaformalexpropriationproceeding.
policyandpublicnecessityaswellasequitableestoppel. temporary takeover by the government extends only to the
➔ Owner’s failure to question for a long period of time the operation of the business and not to the ownership thereof. As
government’s failure to institute expropriation proceedings Thep roperrecourseisfortheejectmentcourt: such the government is not required to compensate the private
constitutes a waiver of his right to regain possession of his entity-owner of the said business as there is no transfer of
property. His only remedy is an action for payment of just (1) to dismiss the case without prejudice to the landowner filing ownership, whether permanent or temporary. The private
compensationandmaynotsueforejectment. the proper action for recovery of just compensation and entity-owner affected by the temporary takeover cannot, likewise,
consequentialdamages;or claim just compensation for the use of the said business and its
➔ AmounttobeDeposited:
properties as the temporary takeover by the government is in
(2) to dismiss the case and direct the public utility corporation
◆ Rule 67 of the Revised Rules of Court: Upon filing of the exercise of its police power and not of its power of eminent
to institute the proper expropriation or condemnation
expropriation case, the expropriator is required to deposit an domain.
proceedings and to pay the just compensation and
amount which is equivalent to the full assessed value of the
consequentialdamagesassessedtherein;or Thus, requiring the government to pay reasonable
property as appearing in the tax declaration in order for the
compensation for the reasonable use of
the property pursuant
court to issue a writ of possession allowing the expropriator to (3) to continue with the case as if
it
were an expropriation totheoperationofthebusinessc ontravenest heConstitution.
take actual possession of the
property during the pendency of case and determine the just compensation and
thecase. consequential damages pursuant to Rule 67, if the ejectment
court h
as j
urisdiction o
ver t
he v
alue o
f t
he subjectland. ManilaMemorialPark,Inc.v.SecretaryoftheDSWD
◆ If the expropriator is an LGU, the amount to be deposited is
G.R.No.175356,3Dec2013,711SCRA302
only15%oftheassessedvalueoftheproperty. While the award of rental in arrears is proper in an unlawful detainer
◆ In RA 8974, if the purpose of the expropriation is to action, its award in the present case cannot be upheld since an In the exercise of police power, xxxx examples of
these regulations
implement a national government infrastructure project, what unlawful detainer action is not a sanctioned remedy in
case a public are
needs to be done is not a deposit but
payment of
BIR
Zonal service or utility corporation has occupied privately-owned property
without first acquiring title thereto by negotiated purchase or 1) property condemned for being noxious or intended for
valuation of the property. This amount deposited or paid is
expropriationproceedings. noxious purposes (e.g., a building on the verge of collapse to
NOTthejustcompensation.
be demolished for public safety, or obscene materials to
be
★ In NPC v.
Pobre, the expropriator is
not allowed to unilaterally The subsequent filing by TransCo of the expropriation destroyedintheinterestofpublicmorals);
withdraw because d amages may have already been caused to proceedings could not have rendered the unlawful detainer
2) zoning ordinances prohibiting the use of property for
theproperty. case moot and academic inasmuch as the MTC erred in
purposes injurious to the health, morals or safety of the
proceeding with the unlawful detainer case and not dismissing
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➔ On the
other hand, the Universal Charge is
not
a tax
as
its
primary
community (e.g., dividing a city’s territory into
residential delegated to condemn private property to public use upon payment of
purpose is to ensure the viability of the country’s electric power
andindustrialareas). just
compensation. In
the
exercise
of
police power, property rights of
industry.
On
the
other
hand,
in
the
exercise
of the power of eminent domain, private
individuals are subjected to restraints and burdens in order to
xxxx,examplesincludethe securethegeneralcomfort,health,andprosperityofthestate. ★ In
Angeles University Foundation v. City of Angeles, SC held that
the payment of
building
permit fee
is
a regulatory
imposition,
1) acquisitionoflandsfortheconstructionofpublichighways; The PWD mandatory discount on the purchase of medicine is
and not a charge on property, and is therefore not an imposition
supported by
a valid objective or purpose as aforementioned. It has a
2) agricultural lands acquired by the government under the fromwhichpetitionerisexempt.
valid subject considering that
the
concept of
public use is
no
longer
agrarian reform law for redistribution to qualified farmer
confined to the traditional notion of use by the public, but held Purposes
beneficiaries.
synonymous with public interest, public benefit, public welfare,
However, it is a settled rule that the acquisition of title or total 1) Revenue – The
purpose of
taxation is to provide funds or property
and public convenience. As in the case of senior citizens, the
destruction of the property is not essential for “taking” under the with which the
State promotes the general welfare and protection of
discount privilege to which the PWDs are entitled is actually a
powerofeminentdomaintobepresent.Examplesoftheseinclude itscitizens.Raisingtherevenuesistheprincipalobjectoftaxation.
benefit enjoyed by the general public to
which these citizens belong.
3) establishment of
easements such
as
where the landowner is The means employed in invoking the active participation of the 2) Non-Revenue
perpetually deprived of
his
proprietary rights because of the private sector, in order to
achieve the purpose or objective of the law,
a) Regulation – Taxes may also be imposed for a regulatory
hazards posed by electric transmission lines constructed is reasonably and directly related. Also, the means employed to
purpose as for example, in the promotion, rehabilitation,
and
abovehispropertyor provide a fair, just and quality health care to PWDs are reasonably
stabilizationofindustrywhichisaffectedwithpublicinterest.
4) the compelled interconnection of the telephone system related to its accomplishment, and are not oppressive, considering
betweenthegovernmentandaprivatecompany. that as a form of reimbursement, the discount extended to PWDs in b) Promotion of General Welfare – If objectives and methods
the purchase of medicine can be claimed by the establishments as are
alike
constitutionally valid,
no reason is seen why the state
In
these
cases, although the private property owner is not divested of allowabletaxdeductionspursuanttoSection32ofR.A.No.9442. may not levy taxes to raise funds for their prosecution and
ownership or possession, payment of just compensation is attainment. Taxation may be made to implement the state’s
warranted because of the burden placed on the property for the use or
policepower.
benefitofthepublic. Taxation
c) Reduction of Social Inequality – made possible through
➔ Taxes are the enforced proportional contributions from persons progressive system of taxation where the objective is to prevent
Peoplev.Fajardo
and
property, levied
by
the
State by virtue of its sovereignty, for the the undue concentration of wealth in the hands of few
An ordinance which
permanently so restricts the use of property that supportofgovernmentandforallpublicneeds. individuals (that is why, the bigger the
income
of
the
person,
it can not be used for any reasonable purpose goes, it is plain, beyond thebiggertheincometax).
➔ Obligationtopaytaxesisn
otbasedoncontract.
regulation and must be recognized as a taking of the property. The d) Promote Economic Growth – in
the
realm of
tax exemptions
only substantial difference, in such case, between restriction and ➔ Except only
in
the
case
of
poll
taxes (Sec 20 Art III), nonpayment of
and tax
reliefs,
the
purpose of taxation (the
power to
tax
being
actual taking, is that the restriction leaves the owner
subject to
the ataxmaybethesubjectofcriminalprosecutionandpunishment.
the power also
not
to
tax)
is
to grant
incentives or exemptions
burden of payment of taxation, while outright confiscation would ➔ Taxes
are the nation’s lifeblood through which government agencies in order to encourage investments and thereby promote the
relieve him of that burden. A regulation which substantially continue to operate and with which the State discharges its country’seconomicgrowth.
deprives an owner of all beneficial use of his property is functionsforthewelfareofitsconstituents.
confiscationandisadeprivation. e) Protectionism – in some important sectors of the economy,
➔ Taxes = levied to raise revenues; Licenses = imposed for taxes sometimes provide protection to local industries like
regulatorypurpose. protectivetariffandcustomsduties.
DrugstoreAssociationofthePhilsv.NationalCouncilonDisability
Affairs2016 ➔ Imposition of
a vehicle
registration fee
is
not an
exercise
of
police Characteristics
power,
but
of
taxation, as
its
main
purpose is
to
raise
funds for the
Police power is
the
power of
the
state
to
promote public welfare by 1) Inherent – the power to tax, an inherent prerogative, has to be
constructionandmaintenanceofhighways.
restraining and regulating the use of liberty and property. On the availedoftoassuretheperformanceofvitalstatefunctions.
other hand, the power of eminent domain is
the inherent right
of
the state and
of
those entities
to
which the power has been
lawfully
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2) Legislative – taxing
power
is and exclusively legislative ➔ Where the tax to be collected is based on
peculiarly the
value of
the
taxable TaxExemptions
in character and remains undiminished in the legislative in property, the taxpayer is entitled to be notified of
the
assessment
➔ Construedstronglyagainsttheclaimant.
character. proceedingsandtobeheardthereinonthecorrectvaluation.
➔ Sec 28(3) Art
VI.
Charitable institutions, churches and parsonages
3) Constitutionally limited – the power to tax is an attribute of EqualProtectionandTaxation
or convents appurtenant thereto, mosques, non-profit cemeteries,
sovereignty. It
is
the
strongest
of
all
the
powers of the government.
➔ Sec 28(1) Art VI, the rule of taxation shall be uniform and and all
lands,
buildings, and improvements, actually, directly, and
TheConstitutionsetsforthsuchlimits.
equitable. The Congress shall evolve a progressive system of exclusively used for religious,
charitable, or
educational
purposes
Twoopposingviews,butequallycorrect taxation. shallbeexemptfromtaxation.
➔ Uniformitydoesnotforfendclassificationaslongas: ★ However, in Lladoc v. Commissioner of Internal Revenue, a
Taxationasincludingthe Taxationasnotincludingthe
donation of P10K for
the
construction of
a church was
subject
powertodestroy powertodestroy 1) The standards that
are
used
therefor
are
substantial
and
to
donee’s tax
as it was not an ad valorem tax on the church but
notarbitrary;
ProferredbyChiefJusticeJohn RefutedlaterbyJusticeHolmes an excise tax imposed on the priest for the exercise of the
MarshalloftheUSSC 2) The categorization is germane to achieve the legislative privilegetoacceptthedonation.
purpose;
★ In
Lung
Center of the Philippines v. Quezon City, those portions
Iftaxationisusedasimplement Iftaxationisusedsolelyfor 3) The law applies, all things being equal, to both present leased to private properties and individuals are not exempt
ofpolicepower raisingrevenues andfutureconditions;and fromrealpropertytaxes.
Exercise 4) The classification applies equally well to all those ➔ Sec 4(3) Art XIV. All revenues and assets of non-stock, non-profit
belongingtothesameclass. educational institutions used actually, directly, and exclusively
➔ InherentintheState,primarilyvestedintheLegislature.
for educational purposes shall be exempt from taxes and duties.
➔ Equitable taxation connotes that taxes should be apportioned
➔ May be
delegated
to
the
President
pursuant
to
Sec
28(2)
Art
VI of xxxx
amongthepeopleaccordingtotheircapacitytopay.
theConstitution.
➔ Sec 4(4) Art XIV. Subject to conditions prescribed by law, all
DoubleTaxation
★ SECTION 28. (2) The Congress may, by law, authorize the grants, endowments, donations, or contributions used actually,
President to fix within specified limits, and subject to such ➔ Notconstitutionallyprohibited. directly, and exclusively for educational purposes shall
be
exempt
limitations and restrictions as it may impose, tariff rates, fromtax.
➔ Occurs when additional taxes are laid on the same subject by
the
import and export quotas, tonnage and wharfage dues,
same taxing jurisdiction during the same taxing period and the ➔ Statutory
for exemptions are granted at the discretion of the legislature.
and other duties or imposts within the framework of the
samepurpose. However, as
provided in Sec 28(4) Art VI,
no
law granting any tax
nationaldevelopmentprogramoftheGovernment.
exemption shall be passed without the concurrence of
a majority
➔ Despite the lack of prohibition, it
will
not be
allowed if
it
violates
➔ Pursuant to direct authority conferred by Sec 5 Art X of the ofalltheMembersoftheCongress.
theequalprotectionclause.(S ec1ArtIII)
Constitution, local legislative bodies may also exercise the power of
➔ Where a tax
exemption was granted gratuitously, the same may be
taxation. PublicPurpose
validlyrevokedatwill,withorwithoutcause.
➔ GR: There
must be a law granting an
LGU to
lawfully impose a tax. ➔ Revenues received from the
imposition of taxes or levies cannot be
➔ If
the
exemption is
granted for valuable consideration, it is deemed
Not applicable where what is involved is the regulatory power of used for purely private purposes or for the exclusive benefit of
to partake of a contract and obligation thereof is
protected against
theLGUwhichisexpresslyaccompaniedbythetaxingpower. privatepersons.
impairment.S ec10ArtIII.
DueProcessandTaxation ★ In Planters Products Inc v. Fertiphil Corporation, the Court
★ In Casanova v. Hord, the Spanish Government, in
exchange for
declared that a tax levy on the sale of fertilizers for purposes of
➔ Taxes should not
be confiscatory, except when they are intended as certain obligations assumed by the plaintiff, decreed to him
benefiting a private corporation, Philippine Planters Inc., is
animplementofpolicepower. certain mines in accordance with a Royal Decree, which inter
invalid. It
may not be justified even as a valid exercise of police
aliaimposedanumberoftaxes.
➔ Due process does not require previous notice and
hearing before a power.
law prescribing fixed or specific taxes on certain articles may be ★ In PAGCOR v. BIR, SC rejected petitioner’s assertion that the
enacted. removal of its statutory exemption from the payment of
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corporate income tax is violative of the equal protection and
non-impairmentclauses. The waters around, between, and connecting the islands of 3. cessionand
the archipelago, regardless
of
their
breadth
and dimensions, 4. prescription,
➔ Sec 11 Art XII. xxxx Neither shall any such franchise
or
right
be
granted except under the condition that it shall be subject to form part of the internal waters of the Philippines. NOT by executing multilateral treaties on the regulations of
amendment, alteration, or repeal by the Congress when the (archipelagicdoctrineofterritoriality) sea-use rights
or
enacting statutes to
comply with
the
treaty's
terms
commongoodsorequires. to
delimit maritime zones and continental shelves. Territorial claims
RA9522asdiscussedinMagallonav.Ermita to
land
features are
outside UNCLOS III,
and
are
instead governed by
★ In MERALCO v. Province of Laguna, the Court held that a
therulesongeneralinternationallaw.
franchise partakes the nature of a grant, which is beyond the RA
9522
is
Not
Unconstitutional. RA 9522
is
a Statutory Tool to
Demarcate the
Country's Maritime Zones
and Continental Shelf
purviewofthenon-impairmentclause.
OtherConstitutionalLimitations
UnderUNCLOSIII,n ottoDelineatePhilippineTerritory. IV.CITIZENSHIP
UNCLOS III has nothing to do with the acquisition (or loss) of
Sec29ArtVI. territory. It
is
a multilateral
treaty regulating, among others, sea-use A.KindsofCitizenship
(1) No money shall be paid out of the Treasury except in pursuance rightsovermaritimezones,i.e.,
B.Whoarecitizens
ofanappropriationmadebylaw. 1. the territorial waters [12 nautical miles from the
baselines], C.Whocanbecitizens
(2) No public money or property shall be appropriated, applied,
2. contiguouszone[24nauticalmilesfromthebaselines], D.Modesofacquiringcitizenship
paid, or
employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian 3. exclusive economic zone [200 nautical miles from the E.Modesoflosingandreacquiringcitizenship
institution, or system of religion, or of any priest, preacher, baselines]),and
4. continentalshelves F.Dualcitizenshipanddualallegiance
minister, or
other
religious teacher, or dignitary as such, except
when such priest, preacher, minister, or dignitary is assigned to that
UNCLOS III
delimits. On the other hand, baselines laws such as
the armed forces, or to any penal institution, or government RA 9522 are enacted by UNCLOS III States parties to mark-out
orphanageorleprosarium. specific basepoints along their coasts from which baselines are A.KindsofCitizenship
drawn, either straight or contoured, to serve as geographic starting 1. Natural-born.—Natural-borncitizensarethosewhoare
(3) All money collected on any tax levied for a special purpose points to
measure the
breadth of
the
maritime zones and continental
shall be treated as
a special fund and paid out for such purpose shelf. In turn, this gives notice to the rest of the international a. citizensofthePhilippinesfrombirth
only. If the purpose for which a special fund was created
has community of
the
scope of
the maritime space and submarine areas b. without having to perform any act to acquire or
been fulfilled or abandoned, the balance, if any, shall be withinwhichStatespartiesexercisetreaty-basedrights,namely,
perfecttheirPhilippinecitizenship.
transferredtothegeneralfundsoftheGovernment. 1. theexerciseofsovereigntyoverterritorialwaters(Article2),
Those born
before January
17,
1973, of
Filipino mothers, who
2. the
jurisdiction
to
enforce
customs,
fiscal, immigration, and
III.NATIONALTERRITORY sanitationlawsinthecontiguouszone(Article33),and
elect Philippine Citizenship upon reaching the
age
of
majority
shallbedeemedn atural-borncitizens.
3. the
right
to
exploit
the
living and non-living resources in the
ArticleI.Thenationalterritory exclusive economic zone (Article 56)
and
continental shelf 2. Naturalized. — those who have become Filipino citizens
1) comprises the Philippine archipelago, with
all
the
islands (Article77). through
naturalization,
generally
under
CA
No.
473, otherwise
and
waters embraced therein,
and
all other territories over UNCLOS III and its ancillary baselines laws play no role in the knownastheRevisedNaturalizationLaw,andbyR ANo.530.
whichthePhilippineshassovereigntyorjurisdiction, acquisition, enlargement or, as petitioners claim, diminution of
territory.
Under traditional international
law typology, States
acquire Leev.DirectorofLands
2) consistingofitsterrestrial,fluvialandaerialdomains, (orconversely,lose)territorythrough
The constitutional proscription on alien ownership of lands of the
3) including its territorial sea, the seabed, the subsoil, the 1. occupation, public or private domain was intended to protect lands from
insularshelves,andothersubmarineareas. 2. accretion, falling in the
hands of
non-Filipinos. In
this
case,
however, there
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would be no more public policy violated since the land is in the Can
a legitimate child
born under the 1935 Constitution of a Filipino
(1) astatementofelectionunderoath;
hands of
Filipinos qualified to
acquire
and
own such
land. Thus, the mother and an alien father validly elect Philippine citizenship 14
subsequent transfer of the property to qualified Filipinos may no yearsafterhehasreachedtheageofmajority?NO. (2) an oath of allegiance to the Constitution and Government of
longer be impugned on the basis of the invalidity of the initial thePhilippines;and
The 1973 and 1987 Constitutional provisions on the election of
transfer. The objective of the constitutional provision to keep our
Philippine citizenship should not be understood as having a curative (3) registration of the statement of election and of the oath
landsinFilipinohandshasbeenachieved.
effect on any irregularity in the acquisition of citizenship for
those withthenearestcivilregistry.
covered by the 1935 Constitution. If
the
citizenship of
a person was
B.Whoarecitizens subject to challenge under the old charter, it remains subject to
Where, as in petitioners' case,
the
election
of
citizenship has
in
fact
been done and documented within the constitutional and statutory
ThefollowingarecitizensofthePhilippines: challenge under the
new charter even if the judicial challenge had not
timeframe, the registration of
the
documents of election beyond
beencommencedbeforetheeffectivityofthenewConstitution.
1. Those who are citizens of the Philippines at the time of the the
frame should be allowed if in the meanwhile positive acts of
adoptionofthe1987Constitution; C.A. No. 625 which was enacted pursuant to Section 1(3), Article IV of citizenship have publicly, consistently, and continuously been
the 1935 Constitution, prescribes the procedure that should be done. The actual exercise of Philippine citizenship, for
over half
a
2. ThosewhosefathersormothersarecitizensofthePhilippines; followed in order to
make a valid
election
of
Philippine citizenship. century by the herein petitioners, is actual notice to the Philippine
3. Those born
before
January
17,
1973, of
Filipino mothers, who Under Section 1 thereof,
legitimate children born of Filipino mothers public which is e quivalent to formal registration of the
elect Philippine
Citizenship upon reaching the
age
of
majority; mayelectPhilippinecitizenshipby electionofPhilippinecitizenship.
and a) expressing such intention in a statement to be signed and
Registration is the confirmation of
the existence of a fact. In the
sworntobythepartyconcerned
4. Thosewhoaren
aturalizedi naccordancewithlaw. instant case, registration is the confirmation of election as such
b) beforeanyofficerauthorizedtoadministeroaths,and election. It
is
not the registration of
the act of election, although
ChildrenofFilipinoParents a valid requirement under CA. 625, that will confer Philippine
c) shallbefiledwiththenearestcivilregistry.
Republicv.Sagun citizenship on the petitioners. It
is only a means of
confirming the
The said party shall accompany the aforesaid statement with the factthatcitizenshiphasbeenclaimed.
It
is
a settled
rule
that only legitimate children follow the citizenship oath of allegiance to the Constitution and the Government of the
of the father and that illegitimate children are under the parental Philippines. Cov.HRET
authority of the mother and follow her nationality. An illegitimate However, the
1935 Constitution and
C.A.
No. 625
did
not prescribe a Election becomes material because Section 2 of Article IV of the
child of
Filipina
need not perform
any
act
to
confer upon him all the time period within which the election of Philippine citizenship Constitution accords
natural
born
status to
children born
of Filipino
rights and privileges attached to citizens of the Philippines; he should be made. The 1935 Charter only provides that the election mothers before January 17, 1973, if they elect citizenship upon
automaticallybecomesacitizenhimself. shouldbemade"uponreachingtheageofmajority." reachingtheageofmajority.
Vilandov.HRET Ching's
election
was
clearly beyond, by any reasonable yardstick, the To expect the respondent to have formally or in writing elected
allowableperiodwithinwhichtoexercisetheprivilege. citizenship when he came of age is to ask for the unnatural and
One born to a father who has been naturalized as a Filipino himself is
unnecessary. The reason is
obvious. He was already a citizen. Not
tobeconsidered“aFilipinocitizenborntoaFilipinofather.” Ma,etal.v.Fernandez,Jr
only was his mother a natural born citizen but his
father had been
Even on the assumption that the
naturalization
proceedings and
the Should children born under the 1935 Constitution of a Filipino naturalized when the respondent was only nine (9) years old. In
subsequent issuance of certificate of naturalization were invalid, he mother and an
alien
father,
who
executed
an
affidavit of
election
of 1969, election through a sworn statement would have been an
can still be considered a natural-born Filipino citizen having been Philippine citizenship and took their oath of allegiance to the unusual and unnecessary procedure for one
who had been a citizen
born to a Filipino mother and having impliedly elected Filipino government upon reaching the age of majority, but who failed to sincehewasnineyearsold.
citizenshipwhenhereachedmajorityage. immediately file the documents of election with the nearest civil The private respondent did more than merely exercise his right of
registry, be considered foreign nationals subject to deportation as suffrage.HehasestablishedhislifehereinthePhilippines.
Election undocumented aliens for failure to obtain alien certificates of
ReApplicationofChing registration?N O. For those in the
peculiar situation
of
the
respondent who cannot be
expected to have elected
Philippine citizenship as
they
were already
ThestatutoryformalitiesofelectingPhilippinecitizenshipare:
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citizens,weapplytheInReMallarerule. e) HavingbeenborninthePhilippines. administrative authority decides therein as to such citizenship is
3. He must be of good moral character and believes in the generally not
considered as
res
judicata; hence,
it
has to be threshed
The filing of a sworn statement or formal declaration is a
out
again
and
again
as
the
occasion may
demand. Res judicata may
requirement for those who still
have
to
elect
citizenship.
For
those principles underlying the Philippine Constitution, and must
beappliedincasesofcitizenshiponlyifthefollowingconcur:
already Filipinos when the time to elect came up, there are acts have conducted himself in
a proper and irreproachable manner
of deliberate choice which cannot be less binding. Entering a 1. a
person's
citizenship must be raised as a material issue in a
in
his
relation
with the
constituted government as well as with
profession open only to Filipinos, serving in public office where controversywheresaidpersonisaparty;
thecommunityinwhichheisliving.
citizenship is
a qualification, voting during election time, running for 2. the Solicitor General or his authorized representative took
public office, and other categorical acts of similar nature are 4. He must own real estate in the Philippines worth not less activepartintheresolutionthereof;and
themselvesformalmanifestationsforthesepersons. than five thousand pesos, OR must have some known lucrative
3. thefindingofcitizenshipisaffirmedbythisCourt.
An election of Philippine citizenship presupposes that the person trade,profession,orlawfuloccupation;
electing is
an
alien;
or
his
status
is
doubtful because he is a national 5. He must be
able
to
speak
and
write
English
or
Spanish
AND E.Modesoflosingandreacquiringcitizenship
of two countries. In our jurisdiction, an attack on a person's anyoneoftheprincipalPhilippinelanguages;
citizenship may only be done through a d irect action for its Vallesv.Comelec
6. He must
have
enrolled
his
minor children of school age, in any
nullity.
of
the
public
schools or duly-recognized private schools where Under Commonwealth Act No. 63, a Filipino
citizen
may
lose
his
citizenship:
C.Whocanbecitizens Philippine history, government and civics are taught or
prescribedaspartoftheschoolcurriculum. (1) Byn
aturalizationi naforeigncountry;
Any person
having
the following qualifications may become a citizen of
(2) Bye
xpressr enunciationofcitizenship;
thePhilippinesbynaturalization D.Modesofacquiringcitizenship
(3) By subscribing to an oath of allegiance to support the
1. He must be not less than 18
years
of
age
on
the
day
of
the 1. ⭐Jus sanguinis. — conferred by virtue of blood constitution or laws of a foreign
country
upon attaining
21
hearingofthepetition; relationship. yearsofageormore;
2. He must have resided in the Philippines for a continuous 2. Jussoli.—conferredbyplaceofbirth. (4) By accepting commission in the military, naval or air
periodofnotlessthant enyears; serviceofaforeigncountry;
3. Naturalization.
This shall be understood as reduced to five years for any (5) Byc ancellationo
fthecertificateofnaturalization;
4. Resjudicata.
petitionerhavinganyofthefollowingqualifications: (6) By having been
declared by competent authority, a deserter
⭐Go,Sr.v.Go of the Philippine armed forces in time of war, unless
a) Having honorably held office under the Government of
subsequently, a plenary pardon or amnesty has been
the Philippines or under
that of
any
of
the
provinces, Cases involving issues on citizenship are sui generis. Once the granted:and
cities, municipalities, or political subdivisions citizenship of
an
individual is
put into question, it necessarily has to
be threshed out and decided upon. In the case of Frivaldo v. (7) In
case of
a woman, upon her marriage to a foreigner, if, by
thereof; virtue of the laws in force in her husband’s country, she
Comelec, we said that decisions declaring the acquisition or denial of
b) Having established a new industry or introduced a citizenship cannot govern a person's future status with finality. This acquireshisnationality.
usefulinventioninthePhilippines; is because a person may subsequently reacquire, or
for
that
matter, In order that citizenship may be lost by renunciation, such
c) BeingmarriedtoaFilipinowoman; lose his citizenship under any of the modes recognized by law for the renunciationmustbee xpress.
purpose.
d) Having been engaged as
a teacher in the Philippines in In the case of Aznar v. Comelec, the Court
ruled that
the
mere
fact
Citizenship proceedings are a class of its own,
in
that,
unlike other that respondent was a holder of a certificate stating that he is an
a public or recognized private school not established
cases, res judicata does not obtain as a matter of course. In a American did not mean that he is no longer a Filipino, and
that
an
for ti»e
exclusive instruction of children of persons of long line
of
decisions,
this
Court said
that every time the citizenship application for an
alien
certificate of registration was not tantamount
a
particular nationality or race, in
any
of the branches of a person is material or indispensable in a judicial or torenunciationofhisPhilippinecitizenship.
of education or industry for a period of
not less
than administrative case, whatever the corresponding court or
twoyears; And, in Mercado v. Manzano, it was held that the fact that
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respondent was registered as an American citizen in the Bureau of Philippine citizenship must possess certain qualifications ➔ RANo530
Immigration and
Deportation and was
holding an American passport and none of
the
disqualifications
mentioned in
Section
4 of ➔ RANo9139orTheAdministrativeNaturalizationLawof2000
were just a
ssertions of his American nationality before the C.A.473.
terminationofhisAmericancitizenship. 1. It
is
a process by
which a foreigner
acquires, voluntarily or by
Repatriation, on the other hand, may be had under various statutes operation of law, the citizenship of another state. It may be
Thus, the
mere fact
that
herein private respondent was a holder of an bythosewholosttheircitizenshipdueto: directo rderivative.
Australian passport and
had an alien certificate of registration are not
acts constituting an effective renunciation of
citizenship and
do
not (1) desertionofthearmedforces; 2. Directn
aturalizationiseffected:
militateagainstherclaimofFilipinocitizenship.
(2) service
in
the
armed
forces of the allied forces in World War a. Byindividualproceedings,usuallyjudicial;
II; b. Byspecialactoflegislature;
BengsonIIIv.HRET
(3) service in
the
Armed
Forces
of the United States at any other c. By collective change of nationality, en masse as a
To be naturalized, an applicant has to prove that he possesses all the time;
qualifications and
none of
the disqualifications provided by
law resultofcessionorsubjugation;
to become a Filipino citizen. The decision granting Philippine (4) marriageofaFilipinowomantoanalien;and
d. By
adoption of
orphan minors as nationals of the State
citizenship becomes executory only after two (2) years from its (5) politicalandeconomicnecessity. wheretheyareborn.
promulgation when the
court is satisfied that during the intervening
period,theapplicanthas As distinguished from the lengthy process of naturalization, 3. Derivativen
aturalizationisconferred:
(1) notleftthePhilippines; repatriationsimplyconsistsof a. Onthewifeofthenaturalizedhusband;
(2) hasdedicatedhimselftoalawfulcallingorprofession; 1) the taking
of
an
oath
of
allegiance
to
the
Republic
of
the b. Ontheminorchildrenofthenaturalizedparent;and
(3) has not been convicted of any offense or violation of Philippinesand
c. Onthealienwomanuponmarriagetoanational.
Governmentpromulgatedrules;or 2) registering said oath in the Local Civil Registry of the
placewherethepersonconcernedresidesorlastresided. 4. Under existing laws, an alien may acquire Philippine
(4) committed any
act
prejudicial
to the interest of the nation or
contrarytoanyGovernmentannouncedpolicies. citizenshipthrougheither
Moreover, repatriation results in the recovery of the a. judicialn
aturalizationunderCA473or
Filipino citizens who have lost their citizenship may however original nationality. This means that a naturalized Filipino who
reacquire the same in the manner provided by law. C.A. No. 63, lost his citizenship will be restored to his prior status as a b. administrative naturalization under RA No.
9139
or
enumerates the
three
modes by which Philippine
citizenship may be naturalized Filipino
citizen.
On the
other
hand,
if
he was originally a the“AdministrativeNaturalizationLawof2000”.
reacquiredbyaformercitizen: natural-born citizen
before
he
lost
his
Philippine citizenship, he will c. A
third
option, called derivative naturalization, which
berestoredtohisformerstatusasanatural-bornFilipino.
(1) byn
aturalization, is available to alien women married to Filipino
Having thus
taken the
required oath
of allegiance to the Republic and husbandsisfoundunderSection15ofCA473.
(2) byr epatriation,and
having registered the same in the Civil Registry of Magantarem, 5. In
our
jurisdiction, an
alien
woman married to
a Filipino shall
(3) byd
irectactofCongress. Pangasinan in accordance with the aforecited provision, respondent
acquire his citizenship only if she herself might be lawfully
Cruz is deemed to have recovered his original status as a
Naturalization is a mode for BOTH acquisition and natural-born citizen, a status
which he acquired at
birth as the son
naturalized. Thus, derivative naturalization does not always
reacquisitiono
fPhilippinecitizenship. ofaFilipinofather. followasamatterofcourse.
1) As a mode of initially acquiring Philippine citizenship, MoyYaLimYaov.CommissionerofImmigration
naturalizationisgovernedbyC ANo.473,asamended. Naturalization
Granting the validity of marriage, the Court has ruled in Ly Giok Ha v.
2) On
the other hand, naturalization as a mode for reacquiring Differentlawsonnaturalization Galang, that the bare fact of a valid marriage to a citizen
does
not
Philippine citizenship is
governed
by CA No. 63. Under this
➔ CANo473 suffice to confer his citizenship upon the wife. Section 15 of the
law, a former Filipino citizen who wishes to reacquire
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Naturalization Law requires that the alien woman who marries a
In
the
case at
bar, there is
no
dispute that petitioner was a Filipino at (2) Those born in
the Philippines of
Filipino
mothers
and alien
Filipino must show, in addition, that she 'might herself be lawfully
birth. In 1968, while he was still
a minor, his
father was naturalized fathers if
by
the
laws of
their
fathers' country such children
naturalized' as a Filipino citizen. As construed in the decision cited,
as an American citizen; and by derivative naturalization, petitioner arecitizensofthatcountry;
this last condition requires proof that the woman who married a
acquired U.S. citizenship. Petitioner now wants us
to believe
that he
Filipino is herself not disqualified under Section 4 of the (3) Those who
marry aliens if by the laws of the latter's country
is entitled to automatic repatriation as a child of natural-born
NaturalizationLaw. the former are considered citizens, unless by their act or
Filipinos who left
the country due to political or economic necessity.
omission they are deemed to have renounced Philippine
This is absurd. Petitioner was no longer a minor at the
time
of his
RANo8171 citizenship.
"repatriation" on June 13, 1996. The privilege under RA 8171 belongs
to
children who are of
minor age at
the time of
the filing of the Dual allegiance, on
the
other hand, refers to the situation in which a
Coquillav.Comelec
petitionforrepatriation. person simultaneously owes, by some positive act, loyalty
to
two
In the case at bar, petitioner lost his domicile of origin in Oras by or
more states.
While dual
citizenship is involuntary, dual allegiance
Neither can
petitioner be
a natural-born Filipino who left the country
becoming a U.S.
citizen after enlisting in
the
U.S. Navy in 1965. From istheresultofanindividual'svolition.
due to political or economic necessity. Clearly, he lost his
then on and until November 10, 2000, when he reacquired Philippine Philippine citizenship by operation of law and not due to political With respect to dual allegiance, Article IV, §5 of the Constitution
citizenship, petitioner was an alien
without any right to reside in the oreconomicexigencies. provides: "Dual allegiance of
citizens
is
inimical to
the national
Philippines save as our immigration laws may have
allowed him to interestandshallbedealtwithbylaw."
stayasavisitororasaresidentalien. In sum, petitioner is not qualified to avail himself of repatriation
under RA 8171. However, he can possibly reacquire Philippine In including §5 in Article IV on citizenship, the concern of the
In
Caasi v.
CA, this
Court
ruled
that
immigration to the United States citizenship by availing of the Citizenship Retention and Constitutional Commission was not with dual citizens per se but
by virtue of
a “greencard,”
which entitles one to reside permanently Re-acquisition Act of 2003 by simply taking an oath of allegiance to with naturalized citizens who maintain their allegiance to their
in that country, constitutes abandonment of domicile in the theRepublicofthePhilippines. countries of
origin even after their naturalization. Hence, the phrase
Philippines. With more reason then does naturalization in a "dual citizenship" in
R.A. No. 7160, §40(d) and in R.A. No. 7854,
foreign country result in an abandonment of domicile in the
F.DualCitizenshipandDualAllegiance §20 must be understood as referring to "dual allegiance."
Philippines. Consequently, persons with mere dual citizenship do not
fall
under
Section
5. Dual
allegiance of citizens is inimical to the national interest
Here, petitioner was repatriated not under R.A.
No.
2630, but
under this disqualification. Unlike those with dual allegiance, who must,
andshallbedealtwithbylaw. therefore, be subject to
strict
process with
respect to the termination
R.A.
No.
8171, which provides for the repatriation of, among others,
natural-born Filipinos who lost their citizenship on account of Mercadov.Manzano of their status, for candidates with dual citizenship, it should suffice
political or economic necessity. The fact is that, by having been if, upon the filing of their certificates of candidacy, they elect
naturalized abroad, he
lost
his
Philippine citizenship and with it
his Dual citizenship is different from dual allegiance. The former Philippine citizenship to terminate their status as persons with
residence in the Philippines. Until his reacquisition of Philippine arises when, as a result of
the concurrent application of the different dual citizenship considering that
their
condition is the unavoidable
citizenship on November 10, 2000, petitioner did not reacquire his laws of two or more states, a person is
simultaneously considered a consequenceofconflictinglawsofdifferentstates.
legalresidenceinthiscountry. national by the said states. For instance, such a situation may
arise
By electing Philippine citizenship, such candidates at the same
when a person whose parents are citizens of a state which adheres to
time forswear allegiance to the other country of
which they are
the principle of jus sanguinis is born in a state which
follows the
Tabasav.CA also citizens and thereby terminate their status as dual citizens. It
doctrine of jus soli. Such a person, ipso facto and without any
may be that, from the point of view of the foreign state and of its
The only persons entitled to repatriation under RA 8171 are the voluntary act on his part, is concurrently considered a citizen of both
laws, such an individual has not effectively renounced his foreign
following: states.
citizenship.Thatisofnomoment.
1. Filipino women who lost their Philippine citizenship by Considering the citizenship clause of
our Constitution,
it
is
possible To recapitulate, by declaring in his certificate of
candidacy that he is
marriagetoaliens;and for the following classes of citizens of the Philippines to possess a
Filipino citizen; that he is not a permanent resident or immigrant of
2. Natural-born Filipinos including their minor children who dualcitizenship: another country; that he
will defend and
support the
Constitution of
lost their
Philippine
citizenship
on
account of political
or (1) Those born of Filipino fathers and/or mothers in foreign the Philippines and bear true faith and allegiance thereto
and
that he
economicnecessity. countrieswhichfollowtheprincipleofjussoli; does so
without mental reservation, private respondent has, as far as
the laws of this country are concerned, effectively repudiated his
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American citizenship
and
anything
which he may have said before as
Section 5, Article IV of the Constitution is a declaration
of
a policy A.Legislativepower
adualcitizen.
and
it
is
not
a self-executing provision. The
legislature still has
to Scopeandlimitations
On the other hand, private respondent's oath of allegiance to the enactalawondualallegiance.
Philippines, when considered with the fact that he has spent his Legislative power has been defined not only as the power to
pass laws
but
also
the power to alter or modify them. It also covers
youth and adulthood, received his education, practiced his profession
as
an
artist,
and taken part in past elections in this country, leaves no V.LEGISLATIVEDEPARTMENT the amendment of existing legislations and that would still be
doubtofhiselectionofPhilippinecitizenship. encompassedaslegislativepower.
A.Legislativepower GeneralPlenaryPowers
RANo9225ortheCitizenshipRetention The legislative power shall be vested in the Congress of the
Scopeandlimitations
andRe-acquisitionActof2003 Philippines which shall consist of a Senate and a House of
Principleofnon-delegability;exceptions Representatives, except to
the
extent
reserved to
the
people
by
the
Nicolas-Lewisv.Comelec provisiononinitiativeandreferendum.(Sec1ArtVI)
B.ChambersofCongress;composition;qualifications
There is no provision in the dual citizenship law — R.A. 9225 — ExpressLimitations
requiring "duals" to actually establish residence and
physically stay Senate
in
the Philippines first before they can exercise their right to vote. On 1. Sec 26. Every
bill
passed
by
the
Congress
shall
embrace only
HouseofRepresentatives
the contrary, R.A. 9225, in implicit acknowledgment that
'duals'
are onesubjectwhichshallbeexpressedinthetitlethereof.
most likely non-residents, grants under its Section 5(1) the same Districtrepresentativesandquestionsofapportionment
2. Sec
28(4). No
law
granting any
tax
exemption shall
be passed
right of
suffrage
as that granted an
absentee voter
under R.A. 9189. It Party-listsystem without
the
concurrence of a majority of all the Members of the
cannot be overemphasized that R.A. 9189 aims, in essence, to
C.Legislativeprivileges,inhibitions,anddisqualifications Congress.
enfranchise as much as possible all overseas Filipinos
who, save for the residency requirements exacted of an ordinary D.Quorumandvotingmajorities 3. Sec 30. No law shall be passed increasing the appellate
voterunderordinaryconditions,arequalifiedtovote. jurisdiction of the Supreme Court as provided in this
E.Disciplineofmembers Constitutionwithoutitsadviceandconcurrence.
Calilungv.Datumanong F.Processoflaw-making 4. Sec 31. No law granting a title
of
royalty
or
nobility
shall
be
Petitioner avers that Rep. Act No. 9225 is unconstitutional as it G.ElectoralTribunalsandtheCommissiononAppointments enacted.
violatesSection5,ArticleIVofthe1987Constitution.
Nature Fabianv.Desierto
The intent of the legislature in drafting RA No. 9225 is to
do
away
Powers Section 27 of Republic Act No. 6770 cannot validly authorize an
with the provision in CA No. 63 which takes away Philippine
citizenship from natural-born Filipinos who become naturalized H.PowersofCongress appeal to
this Court from
decisions of
the
Office
of
the
Ombudsman
citizens of other countries. What RA No. 9225 does is allow dual in administrative disciplinary cases. It consequently violates the
citizenship to natural-born Filipino citizens who have lost Legislativeinquiriesandoversightfunctions proscription in Section 30, Article VI of the Constitution against a law
Philippine citizenship by reason of their naturalization as Non-legislative whichincreasestheAppellatejurisdictionofthisCourt.
citizensofaforeigncountry.
Informingfunction Prohibitiononpassageofirrepealablelaws
On
its
face,
it
does not
recognize dual allegiance. By swearing to the
supreme authority of
the Republic, the person implicitly renounces Powerofimpeachment CityofDavaov.RTCBrXII-DavaoCity
his
foreign citizenship. Plainly, from Section 3, RA No. 9225 stayed
I.InitiativeandReferendum It is a basic precept that
among
the
implied
substantive limitations
clear out
of
the problem of
dual
allegiance and shifted the
burden of
on the legislative powers is the prohibition against the passage of
confronting the issue of
whether or not there is dual allegiance to the
irrepealable laws. Irrepealable laws deprive succeeding legislatures
concerned foreign country. What happens to the other citizenship
of the fundamental best senses carte blanche in crafting laws
wasnotmadeaconcernofRANo.9225.
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appropriatetotheoperativemilieu. protect the people against violence" by providing "a
The title of the
bill
is
not
required to be
an index to
the
body of
the
comprehensive law regulating the ownership, possession, carrying,
It
might be
argued that
Section 33 of P.D. No. 1146, as amended, does act, or to
be as
comprehensive as to cover every single detail of
the
manufacture, dealing in
and
importation of firearms, ammunition, or
not preclude the repeal of the tax-exempt status of
GSIS,
but
merely measure. It has been held that
if
the title fairly indicates the
general
parts thereof." As such, the Chief of the Philippine National Police
imposes conditions for
such to validly occur. Yet these conditions, if subject, and reasonably covers all the provisions of the act, and is not
incorporated provisions in the IRR to regulate the activities of gun
honored, have the precise effect of
limiting the
powers of
Congress. calculated to
mislead the
legislature or the people, there is sufficient
clubs, sports shooters, reloaders, gunsmithing, competitions, and
Thus, the same rationale for prohibiting irrepealable laws compliancewiththeconstitutionalrequirement.
indentors, which are related to the ownership, possession, and
appliesinprohibitingrestraintsonfutureamendatorylaws.
Where a statute repeals a former law, such repeal is the effect and not dealinginfirearms.
the
subject of
the statute; and
it
is
the subject, not the effect of a law,
Kidav.SenateofthePhilippines which is required to
be
briefly expressed in its title. As
observed in ExceptionsundertheConstitution
one case if the title of an act embraces only one subject, we 1) Delegation to the President — Sec
23[2]. In times of war or
Does the requirement of a supermajority vote for amendments or
apprehend it
was never claimed that every other act which it repeals
revisions to
RA
No.
9054
violate Section
1 and
Section 16(2), Article other national emergency, the
Congress may,
by law, authorize
or
alters by implication must be mentioned in the title of the new act.
VI of the 1987 Constitution and the corollary doctrine on the President, for a limited period and subject to such
Any such rule would be neither within the reason of the Constitution,
irrepealablelaws? restrictions as it may prescribe, to
exercise powers necessary
norpracticable.
YES. Section
1,
Article XVII of
RA No. 9054 requires a vote of no less and proper to carry out a declared national policy. Unless
than two-thirds (2/3) of the Members of the House of Principleofnon-delegability sooner withdrawn by
resolution of
the
Congress, such powers
Representatives and of the Senate, voting separately, in order to shallceaseuponthenextadjournmentthereof.
effectively amend RA No. 9054. Clearly, this
2/3
voting requirement ⭐Twotestsofvaliddelegationin
Sec 28[2]. The Congress
may, by
law, authorize the
President
is
higher than
what the Constitution requires for the passage of bills, Acostav.Ochoa2019LeonenEnBanc
and served to restrain the plenary powers of Congress to amend, to fix within specified limits, and subject to such limitations
reviseorrepealthelawsithadpassed. As an exception to the non-delegation of legislative power, and restrictions as it may impose, tariff rates, import and
Congress has
historically delegated to the chief of the police force the export quotas, tonnage
and
wharfage dues,
and other duties
or
While a supermajority is not a total ban against a repeal, it is a power to approve or disapprove applications for
license to
possess
limitation in excess of what the Constitution requires on the imposts within the framework of the national development
or deal with firearms. To validly exercise their quasi-legislative
passage of bills and is constitutionally obnoxious because it programoftheGovernment.
powers,administrativeagenciesmustcomplywithtwo(2)tests:
significantly constricts the future legislators' room for action and 2) Delegation to the People — Sec 32. The
Congress shall,
as
flexibility. (1) thecompletenesst est;and
early as possible, provide for a system of initiative and
(2) thesufficientstandardtest. referendum,andtheexceptionstherefrom,xxxx.
ProceduralLimitations
The completeness test requires that the law
to
be
implemented be 3) Delegation to LGUs — Sec 5 Art X.
Each
LGU shall have
the
PhilJudgesAssociationv.Prado
complete and should set forth therein the policy to be executed, power to
create
its own
sources of
revenues and to
levy taxes,
Thepurposesoftheo
nesubject–onetitler uleare: carried out or implemented by the delegate. On the other
hand,
the fees and charges subject to
such guidelines and limitations as
sufficient standard test requires that the law to be implemented the Congress may provide, consistent with
the basic policy of
(1) topreventhodge-podgeor"l og-rolling"legislation;
contain adequate guidelines to map out the boundaries of the
(2) to
prevent
surprise or
fraud upon the legislature by means localautonomy.xxxx
delegate's authority. To be sufficient, the standard must specify
the
of
provisions in
bills
of
which the
title
gives
no
intimation, limits of
the
delegate's authority, announce the legislative policy, and B.ChambersofCongress
and which
might therefore be overlooked and carelessly and identify the conditions under which it is to be implemented.
unintentionallyadopted;and Furthermore, the Administrative Code requires that administrative Semav.Comelec
(3) to fairly apprise the people, through such publication of agencies file with the University of the Philippines Law Center the
legislative proceedings as is
usually
made, of
the subject
of rulestheyadopt,whichwillthenbeeffective15daysafterfiling. The
office
of a legislative district representative to Congress is a
legislation that is being considered, in order that they
may national office, and its occupant, a Member of the House of
RA
No.
10591 sets
forth
a sufficient standard found
in Section 2. It
have the opportunity of being heard
thereon, by
petition or Representatives, is a national official. It would be incongruous
lays down the State policy to "maintain peace and order and
otherwise,iftheyshallsodesire.
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for a regional legislative body like the
ARMM Regional
Assembly to Sec 7. The Members of the House of Representatives shall be adjacentterritory."
create a national
office
when its legislative
powers extend only to its elected for
a term
of
three
years xxx.
No Member
of
the
House of
regionalterritory. Representatives shall serve for more than three consecutive Bagabuyov.Comelec
terms.xxxx The petitioner insists that R.A. No. 9371 converts and divides the
Senate
Districtrepresentativesandquestionsofapportionment City
of
Cagayan de
Oro as
an
LGU, and does not
merely provide for
Sec
2.
The Senate shall
be composed of twenty-four Senators who theCity'slegislativeapportionment.
shall
be elected
at
large by the
qualified
voters
of the Philippines, AquinoIIIv.Comelec
asmaybeprovidedbylaw. Legislative apportionment is defined as the determination of the
There is
no specific provision in the Constitution that fixes a 250,000
number of
representatives which a State, county or other subdivision
minimum population that must compose a legislative district. The
Sec3.N
opersonshallbeaSenatorunlessheis may send to a legislative body. It is the allocation of seats in a
second sentence of
Section 5(3) Article VI succinctly provides: "Each
1. anatural-borncitizenofthePhilippinesand, legislative body in proportion to the population; the drawing of
city
with a population of at least two hundred fifty thousand, or each
voting district lines so as to equalize population and voting power
2. onthedayoftheelection,isa
tleast35yearsofage, province,shallhaveatleastonerepresentative."
amongthedistricts.
3. abletoreadandwrite, The provision draws a plain and clear distinction between the
entitlement of a city to a district on one hand, and the entitlement of a Reapportionment, on the other hand, is the realignment or change
4. aregisteredvoter,and in legislative districts brought about by changes in
population
and
province to a district on the
other.
For
while a province is entitled to
5. a
resident
of
the
Philippines
for
not
less
than
two
years at
least
a representative, with nothing mentioned about population, a mandated by the constitutional requirement of equality of
immediatelyprecedingthedayoftheelection. city must first meet a population minimum of 250,000 in order to be representation.
similarlyentitled. A
pronounced distinction between Article VI, Section 5 and, Article X,
Sec 4. The term of office of the Senators shall be six years and
Plainly read, Section 5(3)
requires a 250,000 minimum population Section 10 is
on
the
requirement a plebiscite. The
of Constitution
shall commence, unless otherwise provided by
law, at noon on the
only
for a city
to
be
entitled
to a representative, but not so for a and the
LGC expressly require
a
plebiscite to
carry
out
any
creation,
thirtieth day of
June
next following their
election. No Senator shall
province. division, merger, abolition or alteration of boundary of an LGU. In
serve for more than two consecutive terms. Voluntary
contrast, no plebiscite requirement exists under the apportionment
renunciation of the office for any length of time shall not be Our ruling
is
that
population is not the only factor but is just one
orreapportionmentprovision.
considered as an interruption in the continuity of his service for the of several other factors in the composition of the additional
fulltermofwhichhewaselected. district. The legislative district that Article
VI,
Section 5 speaks of may, in a
HouseofRepresentatives sense, be called a political unit because it is the basis for the
Aldabav.ComelecResolution election of a member of
the House of
Representatives and members
Sec 6. No person shall be a Member of the House of of the local legislative body. It is NOT, however, a political
The constitutionality of a legislative apportionment act
is
a judicial subdivision through which functions of
government are carried out.
Representativesunlessheisa
question, and
not
one
which the court cannot consider on the ground It
can more appropriately be described as a representative unit that
1. natural-borncitizenofthePhilippinesand, thatitisapoliticalquestion. may or may not encompass the whole of a city or a province, but
2. onthedayoftheelection,isatleast25y
earsofage, Aside from failing to comply with Section 5(3), Article VI on the unlike the latter, it
is
NOT a corporate unit. Not being a corporate
3. abletoreadandwrite,and population requirement, the creation by RA 9591 of
a legislative unit, a district does not act for and in behalf of the people comprising
district for Malolos City, carving the city from the former First the district; it merely delineates the areas occupied by the people
4. except the party-list representatives, a registered voter
in
Legislative District, leaves the town of Bulacan isolated from the whowillchoosearepresentativeintheirnationalaffairs.
thedistrictinwhichheshallbeelected,and
rest
of
the
geographic mass of
that district. This contravenes the A
legislative
apportionment does
not mean, and does not even imply,
5. a resident thereof
for
a period
of
not
less
than
one
year requirement in Section 5(3), Article VI that each legislative district a
division of
an
LGU
where the apportionment takes place. Thus, the
immediatelyprecedingthedayoftheelection. shall
"comprise, as far as
practicable, contiguous, compact, and
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plebiscite
requirement that
applies
to the division of a province, city, BantayRA7941v.Comelec2007
Second, certifications based on demographic projections can be
municipality or
barangay under
the
LGC should not apply to and be a
issued only by the NSO Administrator or his designated Comelec has
a constitutional
duty
to
disclose
and
release the names
requisite for the validity of a legislative apportionment or
certifyingofficer. of the nominees of the party-list groups named in the herein
reapportionment.
Third, intercensal
population
projections
must
be
as
of
the middle petitions.
Equalityofrepresentation.
ofeveryyear. There is absolutely nothing in R.A. No. 7941 that prohibits the
The law clearly provides that the basis for districting shall be the Comelec from
disclosing or
even
publishing through mediums other
number of the inhabitants of a city or a province, not the thanthe"CertifiedList"thenamesoftheparty-listnominees.
Party-listsystem
number of registered voters therein. We settled this very same
➔ Shall constitute 20% of the total number of representatives CIBACv.Comelec2007
question in
Herrera v. COMELEC. The Constitution does not require
mathematical exactitude or rigid equality as a standard in includingthoseunderthepartylist.
In
determining the
number
of additional
seats for each party-list that
gaugingequalityofrepresentation. VeteransFederationPartyv.COMELEC2000 has met the 2% threshold, "proportional representation" is the
RA No. 7941 mandates at least four inviolable parameters. touchstonetoascertainentitlementtoextraseats.S eeBANAT
Mariano,Jr.v.Comelec
Theseare:
Petitioners have not demonstrated that the delineation of the land AngBagongBayaniv.Comelec2001
1. First, the twenty percent allocation — Section 5 (2),
area of the proposed City of Makati will cause confusion as to
its Article VI
is
not
mandatory.
It
merely
provides a ceiling for 1. The political party, sector, organization or coalition must
boundaries. Said delineation did
not
change even
by an inch the land party-listseatsinCongress. represent the marginalized and underrepresented groups
area
previously covered by Makati as a municipality. Section 2 stated identifiedinSection5ofRA7941.
2. Second, the two percent threshold — as qualified by
that
the city's land area
“shall comprise the
present territory of
the
BANAT In
other words, it must show — through its constitution, articles
municipality.”
3. Third,t hethree-seatlimit; of incorporation, bylaws, history, platform of government and
Even granting that the population of Makati as of the 1990 census track record — that it represents and seeks to uplift marginalized
stood at 450K, its
legislative
district
may still
be increased since it 4. Fourth,p
roportionalrepresentation.
and underrepresented sectors. Verily, majority of its
has met the minimum population requirement of 250K. In fact, The formula, therefore, for
computing the
number
of
seats
to
which membership should belong to the marginalized and
Section 3 of the Ordinance appended to the Constitution provides that thefirstpartyisentitledisasfollows: underrepresented.
a city whose population has increased to more than 250K shall be
N umber of votes of f irst party 2. Major political parties must comply with the declared
entitledtoa tleastonecongressionalrepresentative. = P roportion of votes of 1st party
T otal votes f or party −list system statutory policy of enabling “Filipino citizens belonging to
marginalized and
underrepresented sectors
x x x to
be elected to
Aldabav.ComelecDecision Iftheproportionis theHouseofRepresentatives.”
● Atleast6%,2additionalseats;
Intercensal demographic projections cannot be made for the entire 3. The religious sector may not be represented in the party-list
● Atleast4%butlessthan6%,1additionalseat;
year. In
any event,
a city whose
population has increased to 250,000 system.
● Lessthan4%,NOadditionalseat.
is entitled to have a legislative district only in the "immediately 4. DisqualificationsunderSec6ofRA7941:
followingelection"aftertheattainmentofthe250,000population.
The next step is to
solve
for
the
number
of
additional
seats
that
the ➔ It is a religious sect or denomination, organization or
First, certifications on demographic projections can be issued other qualified parties are entitled to, based on proportional associationorganizedforreligiouspurposes;
only if such projections are declared official by the National representation.
➔ Itadvocatesviolenceorunlawfulmeanstoseekitsgoal;
StatisticsCoordinationBoard(NSCB).
Addt′l seat =
N o. of votes of party
× N o. of additional seats of 1st party ➔ Itisaforeignp
artyororganization;
N o. of votes of f irst party
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➔ It is receiving support from any foreign government, 2. The parties, organizations, and coalitions receiving at
least ➔ Garnering two percent of the total votes cast in the
foreign political party, foundation, organization, whether two percent (2%) of the total votes cast for the party-list party-list elections guarantees a party-list organization
directly or through any of its officers or members or systemshallbeentitledtoo neguaranteedseate ach. oneseat.
indirectly through third parties for partisan election 3. Those garnering sufficient number of votes, according to the ➔ The additional seats, that is, the remaining seats after
purposes; ranking, shall be entitled to
additional seats
in
proportion allocation of
the
guaranteed seats, shall be distributed to the
➔ It violates or fails to comply with laws, rules or regulations to their total number of votes until all
the
additional
seats party-list organizations including those that received less
relatingtoelections; areallocated. thantwopercentofthetotalvotes.
➔ Itdeclaresu
ntruthfulstatementsinitspetition; 4. Each
party,
organization,
or coalition
shall
be entitled to not The continued operation of the two percent
threshold as
it
➔ Ithasceasedtoexistforatleastone(1)year;or morethanthree(3)seats. applies to the allocation of the additional seats is now
unconstitutional because this threshold mathematically
➔ It fails to
participate in
the last two
(2)
preceding elections Therearet wostepsinthesecondroundofseatallocation. and physically prevents the filling up of the available
or fails to obtain at least two percentum (2%)
of
the
votes party-listseats.
cast under the party-list system in the two (2) preceding First, the percentage is multiplied by the
remaining available seats,
which is the difference between the maximum seats reserved
under The additional seats shall be distributed
to
the
parties
in
a
electionsfortheconstituencyinwhichithasregistered.
the
Party-List System
and the
guaranteed seats of the two-percenters. secondroundofseatallocation.
5. The party or organization must NOT be an adjunct of, or a
The whole integer of the product of the percentage and of the ➔ Thethree-seatcapisconstitutional.
project organized or an entity funded or assisted by, the
remaining available seats corresponds to a party's share in the
government.
remainingavailableseats. PhilGuardiansBrotherhoodv.Comelec2010
6. The party must not only comply with the requirements of the
law;itsnomineesmustlikewisedoso. Second, we assign one party-list seat to each of the
parties
next
in The COMELEC may motu
proprio
or
upon verified
complaint of
any
7. Not only the candidate party or organization must represent ranku
ntilallavailableseatsarecompletelydistributed. interested party, remove or
cancel, after
due
notice and hearing, the
marginalized and underrepresented sectors; so also must its registration of any national, regional or sectoral party, organization or
nominees. BANATv.Comelec2009Resolution coalitionifit:
8. While lacking a well-defined political
constituency, the nominee (a) failstoparticipateinthelasttwo(2)precedingelections;or
There
is
no
need for
legislation to
create an additional party-list seat
must likewise be able to contribute to the formulation and whenever four additional legislative districts are created by law. (b) fails to
qualify
for
a seat
in
the
two
preceding
elections
enactment of appropriate legislation that
will
benefit
the
nation Section 5(2), Article VI of the 1987 Constitution automatically fortheconstituencyinwhichitregistered.
asawhole. createssuchadditionalparty-listseats.
The filling-up of
all
available party-list seats
is
not
mandatory. AtongPaglaumv.Comelec2013
BANATv.Comelec2009Decision Actual occupancy of the party-list seats depends on the number of
participantsintheparty-listelection. 1. Threedifferentgroupsmayparticipateintheparty-listsystem:
In determining the allocation of seats for party-list representatives a. nationalpartiesororganizations,
under Section 11 of
R.A.
No.
7941, the
following procedure shall
be There are four parameters in a Philippine-style party-list election
b. regionalpartiesororganizations,and
observed: system:
c. sectoralpartiesororganizations.
➔ Twenty percent of the
total
number of
the membership of
1. The parties, organizations, and coalitions shall be ranked 2. National parties or organizations and regional parties or
the House of Representatives is the maximum number of
from the
highest
to
the
lowest based on the number of votes organizations do not need
to
organize
along
sectoral
lines
and
seats available to
party-list organizations, such that
there is
theygarneredduringtheelections. do not need to represent any “marginalized and
automatically one party-list seat for
every four existing
legislativedistricts. underrepresented”sector.
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3. Political parties can
participate in
party-list
elections provided provided that they have at least one nominee who remains the President of the Philippines, dated November 14, 1958, when
qualified. Congress was not in session, and defendant caused said letter to
be
they register under the party-list system and do not field
published in
several newspapers of general circulation. It is obvious
candidatesinlegislativedistrictelections. that, in thus causing the
communication to
be
so
published, he was
A political party,
whether major
or not, that
fields candidates in C.Legislativeprivileges,inhibitions, not performing his official duty, either as a member of Congress or
legislative district elections can participate in party-list elections anddisqualifications as
officer of
any
Committee thereof. Hence,said
communication is
only through its sectoral wing that can separately register notabsolutelyprivileged.
Privileges
under the party-list system. The sectoral wing is
by
itself
an
independent sectoral party, and is
linked to
a political party Freedomf romArrest TrillanesIVv.Pimentel,Sr.
throughacoalition. Sect 11. A Senator or Member of the House of Representatives The performance of legitimate and even essential duties by public
4. Sectoralpartiesororganizationsmayeitherbe shall, in all offenses punishable by not more than six years officers has never
been an excuse
to
free a person validly
in
prison.
imprisonment, be privileged from arrest while the Congress is in The
duties imposed by the "mandate of
the people" are multifarious.
a. “marginalizedandunderrepresented”or Never has the call of a particular duty lifted
a prisoner into
a
session.
b. lackingin“well-definedpoliticalconstituencies.” different classification from those others who are validly
No Member shall be questioned nor be held liable in any other restrainedbylaw.
It
is
enough
that
their
principal
advocacy pertains
to
the special place for
any
speech
or debate
in
the Congress or in any committee
interestandconcernsoftheirsector. thereof. Pobrev.Santiago
The sectors that are “marginalized and underrepresented”
TrillanesIVv.Castillo-Marigomen2018 Courts do not interfere with the legislature or its
members in
include labor, peasants, fisherfolk, urban poor, indigenous
the manner they perform their functions in the legislative floor
cultural communities, handicapped, veterans, and overseas The questioned statements in this case were admittedly made in or in committee rooms. Any claim of an unworthy purpose or of the
workers. response to queries from the media during gaps in the Senate's falsity and
mala fides of
the
statement uttered
by the member
of the
plenary and committee hearings, thus, beyond the purview of Congress does not destroy the privilege. The disciplinary authority of
The sectors that lack “well-defined political constituencies”
privilegedspeechordebateunderSection11,ArticleVI the assembly and the
voters, not
the
courts,
can properly discourage
includeprofessionals,theelderly,women,andtheyouth.
An action for damages on account of defamatory statements not or correct such abuses committed in the name of parliamentary
5. A majority of the members of sectoral parties or immunity.
constituting protected or privileged "speech or debate" is a
organizations that represent the “marginalized and controversywellwithinthecourts'authoritytosettle. For the above
reasons, the
plea
of
Senator
Santiago
for
the dismissal
underrepresented” must belong to the “marginalized and of
the complaint for
disbarment or
disciplinary
action
is
well taken.
In fine, petitioner cannot successfully invoke parliamentary
underrepresented” sector they represent. Same rule applies to Indeed, her privilege speech is not actionable criminally or in a
nonaccountability to insulate his statements, uttered outside the
sectorsthatlack“well-definedpoliticalconstituencies.” "sphereoflegislativeactivity,"fromjudicialreview. disciplinaryproceedingundertheRulesofCourt.
Thenomineesofsectoralpartiesororganizationseither
PrivilegeofSpeechandDebate
RestrictionsandProhibitions
a. mustbelongt otheirrespectivesectors,or
Jimenezv.Cabangbang
b. must have a track record of advocacy for their Sec 12. All Members of the Senate and the House of
respectivesectors. The determination of whether the publication in question is a Representatives shall, upon assumption of office, make a full
privileged communication depends on whether or not the
The nominees of national and regional
parties
or
organizations disclosureoftheirfinancialandbusinessinterests.
aforementioned publication falls within the purview of the phrase
mustbebona-fidem embersofsuchpartiesororganizations. "speech or
debate
therein"
— that
is
to
say,
in
Congress — used in
They shall notify the House concerned of a potential conflict
of
6. National, regional, and sectoral parties or organizations shall not thisprovision.
interest that
may
arise from
the
filing
of
a proposed legislation of
be disqualified if some of their nominees are disqualified, The publication involved in this case does not belong to this whichtheyareauthors.
category. According to
the
complaint herein,
it
was
an
open
letter to
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the Electoral Tribunals, or quasi-judicial and other
administrative
Sec
13. No Senator or Member of the House of Representatives may Evenamajorityofallthemembersconstitute"theHouse".
bodies.
hold any other office or employment in the Government, or any There is a difference between a majority of
"all
the members of
the
subdivision, agency,
or instrumentality thereof, including GOCCs or Neither shall he, directly or indirectly, be interested financially in House" and a majority of "the House", the latter requiring less
their subsidiaries, during his term without forfeiting his seat. any contract with, or in any franchise
or special privilege granted number than the
first.
Therefore an
absolute majority (12)
of
all
the
(Incompatibleoffice) by the
Government, or
any subdivision, agency, or instrumentality members of the Senate less one (23), constitutes the
constitutional
majority of the
Senate for
the
purpose of
a quorum. Mr. Justice Pablo
thereof, including any GOCC, or its subsidiary, during his term of
Neither shall he be
appointed
to
any
office
which
may have been believes furthermore that even if the twelve did not constitute a
office. He
shall
not intervene in
any
matter before any office
of the quorum, they could have ordered the arrest of one, at least, of the
created or the emoluments thereof increased during the term for Government for his pecuniary benefit or where he may be called absent members; if one had been so arrested, there would be no
whichhewaselected.(F orbiddenoffice) upontoactonaccountofhisoffice. doubt Quorum then, and Senator Cuenco would have been elected just
the
same inasmuch as
there
would be
eleven for Cuenco, one against
Sec
20.
The records and books of accounts of the Congress shall be Puyatv.deGuzman andoneabstained.
preserved and be open to the public in accordance with law, and
such books shall be audited by the COA which shall publish Ordinarily, by virtue of the Motion for Intervention, Assemblyman Votingseparately
Fernandez cannot be
said to
be
appearing as
counsel. Ostensibly, he
annually an
itemized list
of amounts paid to
and expenses for each
is
not
appearing on
behalf of another, although he is joining the cause 1. Sec
11(4). If
the
Congress,
within
ten
days
after
receipt
of
the
Member. oftheprivaterespondents. last written declaration, or, if not in session, within twelve days
Adazav.Pacana,Jr. We are constrained to find that there has been an indirect "appearance after it is required to assemble,
determines a two-thirds
by
as counsel before
x x x an
administrative
body"
and, in
our
opinion, vote of both Houses, voting separately, that the President is
The constitutional prohibition against a member of the Batasan that is a circumvention of the Constitutional prohibition. The unable to discharge the powers and duties of his office, the
Pambansa from holding any other office or employment in the "intervention" was
an afterthought to enable him to appear actively in
governmentduringhistenureisclearandunambiguous. Vice-President shall act as President;
otherwise, the President
theproceedingsinsomeothercapacity.
shallcontinueexercisingthepowersanddutiesofhisoffice.
In the case at bar, there is no
question
that
petitioner
has taken
his A
ruling upholding the
"intervention" would make the constitutional
oath of office as an elected Mambabatas Pambansa and has been 2. Sec 9. Whenever there is a vacancy in the Office of the
provision ineffective. All an Assemblyman need do, if he
wants
to
discharging his duties as such. In the light of the oft-mentioned influence an administrative body is to acquire a minimal Vice-President during the term for which he was elected, the
constitutional provision, this fact
operated
to
vacate
his
former post participation in
the "interest" of
the
client and then "intervene" in the President shall nominate a Vice-President from among the
and he cannot now continue to occupy the same, nor attempt to proceedings. That which the Constitution directly prohibits may Members of the Senate and
the
House of
Representatives who
dischargeitsfunctions. not be done by
indirection or by
a general legislative act
which
is shall assume office upon confirmation by a majority
vote of
intended to accomplish the objects specifically or impliedly ALL the Members of both Houses of the Congress, voting
Libanv.Gordon prohibited. separately.
Not being a government official
or
employee, the PNRC Chairman, as D.Quorumandvotingmajorities Votingjointly
such, does not hold a government office or employment. We hold that
the office of the PNRC Chairman is not a government office or an Sec 16(2). A majority of
each
House
shall
constitute
a quorum to 1. Art VII
Sec 18.
xxxx
The Congress, voting jointly, by a vote of
office in
a GOCC for purposes of the prohibition in Section 13, Article at least a majority of ALL its Members in regular or
special
do business, but a smaller number may adjourn from day to day
VIofthe1987Constitution. session, may revoke such proclamation or suspension, which
and may
compel the attendance of absent Members in such manner,
andundersuchpenalties,assuchHousemayprovide. revocationshallnotbesetasidebythePresident.xxxx
Appearanceascounsel
Avelinov.Cuenco
Sec
14. No Senator or Member of the House of Representatives may
personally appear as counsel before any
court of
justice
or
before When the
Constitution declares
that
a majority
of "each House" shall
constitute a quorum,
"the
House" does not
mean
"all"
the
members.
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enactment shall
be
limited in its operation to the appropriation
E.Disciplineofmembers F.Processoflaw-making towhichitrelates.
Sec 16(3). Each House may xxxx punish its Members for SubjectandTitle A special appropriations bill shall specify the purpose for
disorderly behavior, and, with the concurrence of two-thirds of which it
is
intended, and shall
be
supported
by
funds actually
ALLitsMembers,suspendorexpelaMember. Section 26. Every
bill
passed
by
the
Congress shall
embrace
only
one available as
certified
by
the National Treasurer,
or
to
be raised
subjectwhichshallbeexpressedinthetitlethereof.xxxx byacorrespondingrevenueproposaltherein.
A penalty of suspension, when imposed, shall not exceed sixty
days. DelaCruzv.Paras No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of
the
Alejandrinov.Quezon The title was not in any way altered. It was not changed one whit. The Senate, the Speaker of the House of
Representatives, the
Chief
exact wording was followed. The power granted remains that of
No court
has
ever held and we apprehend no court will ever hold that Justice of the Supreme Court, and the heads of
Constitutional
regulation, not prohibition. There is thus support for the view
it
possesses the
power to direct the Chief Executive or the Legislature Commissions may, by law, be authorized to augment any item
advanced by petitioners that to construe Republic Act No. 938 as
orabranchthereoftotakeanyparticularaction. allowing the prohibition of the operation of night clubs
would give in the general appropriations law for their respective offices
rise to a constitutional question. The
Constitution mandates: "Every froms avingsi notheritemsoftheirrespectiveappropriations.
Conceding therefore that the power of the Senate to punish its
members for
disorderly behavior does not authorize it to suspend an bill shall embrace only one subject which shall be expressed in
the Discretionary funds appropriated for particular officials shall
appointivememberfromtheexerciseofhisofficeforoneyear. title thereof." Since there is
no dispute as the title limits the power to
be disbursed only for public purposes to be supported by
regulating, not
prohibiting, it would result in the statute being invalid
appropriate vouchers and subject
to such guidelines as may be
if, as was done by the Municipality of Bocaue, the operation of a night
Osmenav.Pendatun prescribedbylaw.
clubwasprohibited.
The
House is
the
judge
of what constitutes disorderly behaviour, not If, by the end of any fiscal year, the Congress shall have failed to
only because the
Constitution has conferred jurisdiction upon it, but Astospecificlaws pass the
general appropriations bill
for
the
ensuing
fiscal year,
also
because the
matter depends mainly on
factual circumstances of 1. Art VII Sec 22. The President shall submit to the Congress, the general appropriations law for the preceding fiscal year
which the
House knows best
but which can not
be
depicted in black within thirty days from the opening of every regular session as shall be deemed re-enacted and shall remain in force and
and
white for presentation to, and adjudication by the Courts. For one
the basis of the general appropriations bill, a budget of effect until the general appropriations bill is passed by the
thing, if this Court assumed the power to determine whether
expenditures and sources of financing, including receipts Congress.
Osmeñ a's conduct constituted disorderly behaviour, it would thereby
have assumed appellate jurisdiction, which the Constitution never fromexistingandproposedrevenuemeasures.
Tolentinov.SOF
intendedtoconferuponacoordinatebranchoftheGovernment. 2. Art VI Sec 24. All appropriation, revenue or
tariff
bills,
bills
authorizing increase of the public debt, bills of local It is not the law – but the revenue bill – which
is
required
by
the
Santiagov.Sandiganbayan application, and private bills, shall originate exclusively in Constitution to "originate exclusively" in the House of
Representatives. It is important to emphasize this, because a bill
The authority of the Sandiganbayan to order the preventive the
House of Representatives, but the Senate may propose or
originating in the
House may undergo such extensive changes
in
the
suspension of
an
incumbent public
official
charged with violation of concurwithamendments.
Senatethattheresultmaybearewritingofthewhole.
the provisions of RA No. 3019 has both legal and jurisprudential 3. Sec 25. The Congress may not increase the appropriations
support. To
insist
that a revenue statute – and not only the bill which initiated
recommended by the President for the operation of the the legislative process culminating in the enactment of the law –
RA No. 3019 does not exclude from its coverage the members of Government as specified
in
the
budget.
The
form, content,
and must substantially be the same as the House bill
would be
to
deny
Congress and that, therefore, the Sandiganbayan did not err in thus mannerofpreparationofthebudgetshallbeprescribedbylaw. the
Senate's power not
only to "concur with amendments" but also to
decreeingtheassailedpreventivesuspensionorder. "propose amendments." It would be to violate the coequality of
No provision or enactment shall be embraced in the general
legislative power of
the
two houses of
Congress and in fact make the
appropriations bill unless it relates specifically to some
HousesuperiortotheSenate.
particular appropriation therein. Any such provision or
Nor does the Constitution prohibit the filing in the Senate of a
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substitute bill in anticipation of its receipt of the bill from the changesintheVATsystem.
Unreleasedappropriationsandwithdrawnunobligated
House,
so long
as
action by
the
Senate as a body is withheld pending
To
reiterate,
the
sections
introduced by
the Senate are germane to the allotmentsundertheDAPwerenotsavings,andtheuseofsuch
receiptoftheHousebill.
subject matter and purposes of the house bills, which is to appropriationscontravenedSection25(5),ArticleVI
supplement our country’s fiscal deficit, among others. Thus, the
Demetriav.Alba Section 25(5)
should be
interpreted in
the
context
of
a limitation on
Senateactedwithinitspowertoproposethoseamendments.
the President’s discretion over
the
appropriations during the
Budget
The prohibition to transfer an
appropriation for one item to
another ExecutionPhase.
was explicit and categorical under the
1973 Constitution. However, LawyersAgainstMonopolyandPoverty(LAMP)v.Secretaryof
The transfer of appropriated funds, to be valid under Section
to afford the heads of the different branches of
the
government and BudgetandManagement
25(5) must be made upon a concurrence of the following
those of the constitutional commissions considerable flexibility in
the use of public funds and resources, the constitution allowed the In allowing the direct allocation and release of PDAF funds to the requisites,namely:
enactment of a law
authorizing the
transfer of funds for
the purpose Members of Congress based on their own list of proposed projects, (1) There
is a law authorizing the President, the President of the
of augmenting an item from savings in another item in the did the
implementation of the PDAF provision under the GAA of 2004 Senate, the Speaker, the Chief Justice, and the heads of the
appropriation of the government branch or constitutional body violate the
Constitution or
the
laws? NO. Absent a clear showing that Constitutional Commissions to transfer funds within their
concerned. The leeway granted was
thus
limited. The purpose and an offense to the principle of separation of
powers was committed, respectiveoffices;
conditionsforwhichfundsmaybetransferredwerespecified,i.e. much less tolerated by
both the
Legislative and
Executive, the
Court
is
constrained to hold that a lawful and regular government budgeting (2) The funds to be
transferred
are
savings
generated
from
the
1. transfer may be allowed for the purpose of
augmenting and appropriation process ensued during the enactment and all appropriationsfortheirrespectiveoffices;and
anitemand throughouttheimplementationoftheGAAof2004. (3) The purpose of the transfer is to augment an item in the
generalappropriationslawfortheirrespectiveoffices.
2. such transfer
may be
made
only
if
there are
savings
from Please see full text for detailed discussion on government
another item
in
the
appropriation of
the
government branch budgeting and appropriation process citing Guingona v. Section 25(5) not being a self-executing provision of the Constitution,
orconstitutionalbody. Carague,thatmainlyinvolvesthesephases: must have an implementing law for it to be operative. That law,
1. Budgetpreparation; generally, is the GAA of
a given
fiscal
year.
To
comply with the
first
AbakadaGurov.Ermita requisite, the GAAs should expressly authorize the transfer of
2. Legislativeauthorization; funds.
Since there is
no
question that the revenue bill exclusively originated 3. Budgetexecution;and
In
ascertaining
the
meaning
of
savings, certain
principles
should
be
in the House of Representatives, the Senate was acting within its 4. Budgetaccountability. borneinmind.
constitutional power to introduce amendments to the House bill
when it included provisions in Senate Bill No. 1950 amending 1. Congresswieldsthepowerofthepurse;
corporate income taxes, percentage, excise and franchise taxes. Verily, Araullov.AquinoIII
2. The Executive is expected to
faithfully
execute
the
GAA
and
Article VI, Section 24 of the Constitution does not contain any Whether or not the DAP, NBC No. 541, and all other executive to
spend the
budget in accordance with the provisions of the
prohibition or limitation on the extent
of
the
amendments that
may issuances allegedly implementing the
DAP
violate Sec. 25(5),
Art.
VI GAA;
beintroducedbytheSenatetotheHouserevenuebill. ofthe1987Constitutioninsofaras: 3. In
making the
President’s power to augment operative under
As the Court has said, the Senate can propose amendments and in (a) They treat the unreleased appropriations and unobligated the GAA, Congress recognizes the need for flexibility in
fact, the amendments made on provisions in the tax on income of allotments withdrawn from government agencies as budget execution. In
so
doing, Congress diminishes its
own
corporations are
germane to
the
purpose of
the
house
bills
which
is “savings”asthetermisusedinSec25(5); power of
the purse, for
it
delegates
a fraction of its power to
toraiserevenuesforthegovernment. theExecutive;and
(b) They authorize the disbursement of funds for projects or
Likewise, the Court finds the sections referring to other
percentage programs not provided in the GAAs for the Executive 4. Savingsshouldbea
ctual.
and
excise
taxes germane to
the reforms to
the
VAT
system, as
these Department;and
sectionswouldcushiontheeffectsofVATonconsumers. The power to augment was to
be
used
only when the purpose for
(c) They “augment” discretionary
lump
sum appropriations in which the funds had been allocated were already satisfied, or
The
other
sections
amended by
the Senate pertained to matters of tax theGAAs. the need
for such funds had ceased to
exist, for only
then
could
administration which are necessary for the implementation of the savings be properly realized. This interpretation prevents the
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copies thereof in its final form have been distributed to its
ExecutivefromundulytransgressingCongress’powerofthepurse. either individually or collectively organized into
committees, are
able
to
effectively control certain aspects of Members three days
before its passage,
except
when
the
President
According to Philconsa v. Enriquez, impoundment refers to a certifies to the necessity of its immediate enactment to meet a
the fund’s utilization through various post-enactment
refusal by the President, for whatever reason, to spend funds made measuresand/orpractices. publiccalamityoremergency.
available by Congress. It is the failure to spend or obligate budget
authorityofanytype. 2. The
Presidential Pork Barrel
which
is
herein
defined
as a
Upon the last reading of a bill, no amendment thereto shall be
kind of lump-sum, discretionary fund which allows the
The GAAs for 2011, 2012 and 2013 set as a condition for Presidenttodeterminethemannerofitsutilization. allowed, and
the vote thereon shall be taken immediately thereafter,
augmentation that the appropriation for the PAP item to be andtheyeasandnaysenteredintheJournal.
The Legislative branch of government, much more any of its
augmented must be deficient. We conclude that the “savings” pooled
members, should not cross over the field of implementing the Tolentinov.SOF
under the
DAP
were allocated
to
PAPs
that
were not
covered
by any
national budget since, as earlier stated, the same is properly the
appropriationsinthepertinentGAAs.
domain of the Executive. Upon approval and passage of the GAA, The presidential certification dispensed with the
requirement not
It
is the President who proposes the budget but it is Congress that has Congress‘ law-making role necessarily comes to an end and from only
of
printing
but
also that of reading the bill on separate days. The
the final say on matters of appropriations. For this purpose, there the Executive‘s role of implementing the national budget phrase "except when the President certifies to the necessity of its
appropriationi nvolvestwogoverningprinciples,namely: begins. So
as
not to blur the constitutional boundaries between them, immediate enactment, etc."
in
Art VI,
§26(2)
qualifies the
two
stated
Congress must "not concern itself with details for implementation by conditionsbeforeabillcanbecomealaw:
(1) a Principle of the Public Fisc, asserting that all monies
theExecutive.”
received from whatever source by any part of the (1) thebillhaspassedthreereadingsonseparatedaysand
governmentarepublicfunds;and The foregoing cardinal postulates were definitively enunciated in
(2) it
has
been
printed in
its
final
form
and distributed three
(2) a Principle of Appropriations Control, prohibiting Abakada where the Court held that from the moment the law
daysbeforeitisfinallyapproved.
expenditure of any public money without legislative becomes effective, any provision of law that empowers Congress
authorization. or
any of
its
members to play any role in the implementation or There is, therefore, no merit in the contention that presidential
enforcement of the law violates the principle of separation of certification dispenses only
with the
requirement for
the
printing of
OnCross-borderaugmentations powersandisthusunconstitutional. the
bill
and its distribution three days before its passage but not with
Section 25(5) has delineated borders between their offices, such that therequirementofthreereadingsonseparatedays,also.
The Court must therefore abandon its ruling in Philconsa which
funds appropriated for one office are prohibited
from crossing
over sanctioned the
conduct
of
legislator
identification on
the
guise Art VI §26(2) must, therefore, be construed as referring only to bills
to
another office even in the guise of augmentation of a deficient item that the same is merely recommendatory and, as such, introduced for
the first
time
in
either
house of
Congress, not to
or items. Thus, we call such transfers of funds cross-border respondents‘relianceonthesamefaltersaltogether. theconferencecommitteereport.
transfers or cross-border augmentations. Cross-border transfers,
whether as augmentation, or as aid, were prohibited under Section The
Court
hereby declares the
2013 PDAF Article as well as all other
provisions of law which similarly allow legislators to wield any
G.ElectoralTribunalsandtheCommissionon
25(5).
form of post-enactment authority in the implementation or Appointments
Porkbarrelsystem
enforcement of the budget, unrelated to congressional oversight, as NatureofElectoralTribunals
violative of the separation of powers principle and thus
Belgicav.Ochoa 1. Sole Judge. Not
subject to
appeal. May
only be questioned via
unconstitutional. Corollary thereto, informal practices, through
The Court defines the Pork Barrel System as the collective
body
of which legislators have effectively intruded into
the proper phases of Certiorari petition to the SC. Its exercise of power is intended to
rules and practices that govern the manner by which lump-sum, budget execution, must be deemed as acts of grave abuse of beitsown—full,completeandunimpaired.
discretionary funds, primarily intended for local projects, are utilized discretion amounting to lack or excess of jurisdiction and, hence, 2. Contests. May only be filed by one who seeks to
replace
the
through the
respective participations of
the Legislative and Executive accordedthesameunconstitutionaltreatment. protestee.
branches of government, including its members. The Pork Barrel
Procedureforpassageofbills 3. Members. Electoral
tribunal acquires jurisdiction upon taking
Systeminvolvestwo(2)kindsoflump-sumdiscretionaryfunds:
of oath and assumption of office of the proclaimed winner.
1. The Congressional Pork Barrel
which
is
herein
defined as Sec 26[2]. No bill passed by either House shall become a law Priortoassumption,COMELEChasjurisdiction.
a
kind of
lump-sum,
discretionary fund
wherein legislators, unless it has passed three readings on separate days, and
printed
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Composition
Rules of
the
SET underscores the exclusivity of the SET’s jurisdiction Member of
the
House of Representatives, the COMELEC’s jurisdiction
Tanadav.Cuenco over election contests relating to members of the Senate. The over election contests relating to his election, returns, and
authority conferred upon the SET is categorical and
complete. It is qualificationsends,andtheHRET’sownjurisdictionbegins.
Wehold therefore clear that this Court has no jurisdiction to entertain the
From the f oregoing, it is then clear that to be considered a
1. That the Senate may not elect, as members of the Senate instant petition. Since Barbers contests Biazon’s proclamation as the
12th winning senatorial
candidate, it
is
the
SET
which has
exclusive
Member of the House of Representatives, there must be a
Electoral Tribunal, those Senators who have not been concurrenceofthefollowingrequisites:
nominated by the political parties specified in the jurisdictiontoactonBarbers’complaint.
Constitution; (1) avalidproclamation,
In Pangilinan v. Comelec, we ruled that “where the candidate has
2. that the party having the largest number of votes in the already been proclaimed winner in the congressional elections,
the (2) aproperoath,and
Senatemaynominatenotmorethanthree(3)members; remedy of
petitioner is
to
file
an
electoral protest with the Electoral (3) assumptionofoffice.
TribunaloftheHouseofRepresentatives.”
3. that the party
having the
second
largest number of
votes
in
Here, the
petitioner
cannot
be
considered
a Member
of
the
House
of
the
Senate has the exclusive right to nominate the other three Certiorari and prohibition will not lie in this case considering that
Representativesbecause,primarily,shehasnotyetassumedoffice.
(3)members; there is an available
and
adequate
remedy in
the
ordinary course of
4. that neither these three (3) Senators,
nor any
of
them, may lawtoannultheCOMELEC’sassailedproceedings. Beforethereisavalidorofficialt akingoftheoathitmustbemade
be
nominated by
a person or party other than the one having (1) beforetheSpeakeroftheHouseofRepresentatives,and
the second largest number of votes in the Senate or its Limkaichongv.Comelec;Biraogov.Nograles;Parasv.Nograles; (2) inopensession.
representativetherein; Villandov.Comelec
Here, although she made the oath
before
Speaker Belmonte, there
is
5. that the Committee on
Rules
for
the
Senate
has
no
standing
Once a winning candidate has
been
proclaimed, taken his
oath, no
indication that it was made during plenary or in open session and,
tovalidlymakesuchnomination.
and assumed office as a Member of the House
of
Representatives, thus, it remains unclear whether the required oath of office was
Powers the jurisdiction of the House of Representatives Electoral indeedcompliedwith.
Tribunal begins over election contests relating to his election,
Dueñas,Jr.v.HRET
returns, and qualifications, and mere allegation as to the CommissiononAppointments
So long as
the Constitution grants the
HRET the
power
to be the sole invalidity of her proclamation does not divest the Electoral
judge of all contests relating to the election, returns and Tribunalofitsjurisdiction. Guingona,Jr.v.Gonzales
qualifications of members of
the House of
Representatives, any final
It has been established that the legality of filling up the
action taken by the
HRET
on a matter within its jurisdiction shall, as
Reyesv.Comelec2013 membership of the Commission on Appointments is a
arule,notbereviewedbythisCourt.
justiciableissueandnotapoliticalquestion.
It
is
hornbook doctrine that
jurisdiction,
once
acquired, is not lost at Contrary to petitioner’s claim the COMELEC retains jurisdiction
for
thefollowingreasons: We do
not
agree with
respondents' claim that it is mandatory to elect
the instance
of
the
parties
but continues
until
the case is terminated.
12 Senators to the Commission on Appointments. The Constitution
Thus,inRoblesv.HRET,theCourtruled: First, the HRET does not acquire jurisdiction over the issue of does not contemplate that the Commission on Appointments must
The mere filing of
the motion to
withdraw protest on the remaining petitioner’s qualifications, as well as over the assailed COMELEC necessarily include twelve (12) senators and twelve (12) members of
uncontested precincts, without any action on the part of
respondent Resolutions, unless a petition is duly filed with said tribunal. the House of
Representatives. What the
Constitution requires
is
that
tribunal, does not by itself
divest the tribunal of its jurisdiction over Petitionerhasnotaverredthatshehasfiledsuchaction. therebea tleastamajorityoftheentiremembership.
the
case.
Jurisdiction, once
acquired, is
not
lost upon the instance of Second, the
jurisdiction of
the
HRET
begins only
after
the
candidate The election of Senator Romulo and Senator Tañ ada as
members of
thepartiesbutcontinuesuntilthecaseisterminated. is
considered a Member of
the
House of Representatives, as stated in the
Commission on
Appointments by the
LDP majority in
the Senate
Section17,ArticleVI. was clearly a violation of Section 18 of Article VI of the 1987
Barbersv.Comelec Constitution. Their nomination and election by the
LDP majority by
In Vinzons-Chato v. COMELEC, citing Aggabao v. COMELEC and
Guerrero v.
COMELEC, the Court ruled that once a winning candidate sheer force of superiority in numbers was done in grave abuse of
The “sole” in
word Section
17,
Article
VI
and Rule 12 of the Revised
has been proclaimed, taken his oath, and assumed office as a discretion.
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Cosetengv.Mitra HRET to
give
weight to
relevant circumstances that make the
will
of
The degree of
judicial intervention should not
be
made to depend on
the electorate determinable, following the precedent in Bautista.
how many legislative members of the
HRET belong to
this party
or
A political party must have
at
least two
senators in
the
Senate to Respondent HRET gravely abused its discretion in
affirming the
that party. The test
remains the
same — manifest grave abuse of
be able
to have a representative in the Commission on Appointments, proclamation of respondent Salimbangon as the duly elected
discretion.
so that any number less than 2 will not entitle such a party a Representative of the Fourth Legislative District of
Cebu despite the
membershipintheCommissiononAppointments. final outcome of revision showing 5,401 ballots with only
Pimentelv.HRET "MARTINEZ" or "C. "MARTINEZ" written on the line for
Dazav.Singson Representative, votes which should have been properly counted in
The
Constitution expressly grants to the House of Representatives the
favor of petitioner and not nullified as
stray
votes, after considering
prerogative, within constitutionally defined limits, to choose from
The legality, and not the wisdom, of the manner of filling the all
relevant circumstances clearly establishing that such votes could
among its district and party-list representatives those who may
Commission on Appointments as prescribed by the Constitution is not have been intended for
"Edilito C.
Martinez" who was declared a
occupytheseatsallottedtotheHouseintheHRETandtheCA.
justiciable, and, even
if the question were political in nature, it would nuisancecandidateinafinaljudgment.
still come within our powers of review under the expanded Section 18, Article VI explicitly confers on the Senate and on the
jurisdiction conferred upon us by Article VIII, Section 1, of the House the
authority to
elect
among their
members those who would Sarmientov.Mison
Constitution, which includes the authority to determine whether fill
the
12 seats for Senators and 12 seats for House members in the
grave abuse
of
discretion amounting to
excess
or
lack of jurisdiction CommissiononAppointments. It is readily apparent that under the provisions of the 1987
has been committed by any branch or instrumentality of the Constitution, there are four (4) groups of officers whom the
Under Section 17,
Article VI
each chamber of
Congress exercises
the
government. Presidentshallappoint. Thesefour(4)groupsare:
power to
choose, within constitutionally defined limits, who
among
The contention of the petitioner is that
he
cannot
be
removed from their
members would occupy the
allotted
6 seats of each chamber’s First, the heads of the executive departments, ambassadors,
the Commission on Appointments because his election thereto is respectivee lectoraltribunal. other public ministers and consuls, officers of the armed forces from
permanentunderthedoctrineannouncedinC unananv.Tan. the rank of colonel or naval captain, and other officers whose
Thus, even assuming that party-list representatives comprise a
appointmentsarevestedinhiminthisConstitution;
We resolve the issue in favor of the authority of the House of sufficient number and have agreed to designate common nominees to
Representatives to change its representation in the Commission on the HRET and the CA, their primary recourse clearly rests
with the Second, all other officers of the Government whose
Appointments to
reflect
at
any time the changes that may transpire in House of
Representatives and
not
with this Court. Under Sections 17 appointmentsarenototherwiseprovidedforbylaw;
the political alignments of its membership. It is understood that and 18, Article VI, party-list representatives must first show to the
Third, those whom the President may be authorized
by
law
to
such changes must be permanent and do not
include
the temporary House that they possess the required numerical strength to be
appoint;
alliances or factional divisions not involving severance of political entitled to seats in the HRET and the CA. Only if
the
House fails to
loyalties or formal disaffiliation and permanent shifts of
allegiance comply with the directive of the Constitution on proportional Fourth, officers lower in rank whose appointments the Congress
fromonepoliticalpartytoanother. representation of political parties in the HRET and the CA can the maybylawvestinthePresidentalone.
party-list representatives seek
recourse to this Court under its power The first
group
of
officers is
clearly appointed with the consent
JudicialReview of judicial review. Under the doctrine of primary jurisdiction, prior of the Commission on Appointments. Appointments of such
Cov.HRET recourse to the House is necessary before petitioners may
bring the officers are initiated by nomination and, if the nomination is
instant case to the court. Consequently, petitioners’ direct recourse to confirmed by the Commission on Appointments, the President
The Court does not venture into the perilous area
of trying to thisCourtispremature. appoints.
correct perceived errors of independent branches of the
Government. It comes in only when it has
to
vindicate a denial
of The discretion of
the
House
to
choose
its
members to
the HRET and The second,
third and
fourth
groups of
officers are the
present bone
due process or
correct an
abuse
of
discretion so grave or glaring that the CA is not absolute, being subject to the mandatory of contention. By following the accepted rule in
constitutional and
nolessthantheConstitutioncallsforremedialaction. constitutionalruleonproportionalrepresentation. statutory construction that an express enumeration of subjects
excludes others not enumerated, it would follow that only those
In the leading case of Morrero v. Bocar, the Court ruled that the appointments to
positions expressly stated in
the first
group require
MartinezIIIv.HRET
power of the Electoral Commission "is beyond judicial interference theconsent(confirmation)oftheCommissiononAppointments.
except, in any event, upon a clear showing of such arbitrary and What
needs
to
be
stressed
at
this
point
is
the
apparent
failure
of
the
improvidentuseofpoweraswillconstituteadenialofdueprocess. Here,
it
is
evident
that the position of Commissioner of the Bureau of
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Customs
(a
bureau
head)
is
not
one
of those within the first group of to
the
power
to
conduct
a question
hour,
the
objective
of
which is to jurisdiction
of
Congress, since the
aim of
the
investigation is
to
find
appointments where the consent of the Commission on obtaininformationi npursuitofCongress'oversightfunction. out
whether or not
the
relatives of
the
President or Mr. Ricardo Lopa
Appointmentsisrequired. had violated Section 5 of RA No. 3019, the "Anti-Graft and Corrupt
In fine, the oversight function of Congress may be facilitated by
Practices Act",
a matter that appears more within the province of the
compulsory process only to the extent that it is performed in
H.PowersofCongress pursuitoflegislation.
courtsratherthanofthelegislature.
Legislativeinquiriesandoversightfunctions When Congress exercises its power of inquiry, the only way for NegrosOrientalIIElectricCoopv.SPofDumaguete
QuestionHour department heads to exempt themselves therefrom is by a valid
claim of privilege. They are not exempt by
the
mere
fact
that
they The exercise by
the
legislature of the contempt power is a matter of
Sec 22. The heads of
departments may, upon
their own
initiative, are department heads. Only one executive official may
be
exempted self-preservation as that branch of the government vested with the
with the consent of the President, or upon the request of either from this power — the President on whom executive power is vested, legislative power, independently of the judicial branch, asserts its
hence, beyond the reach of Congress except through the power of authority and punishes contempts thereof. The contempt power of
House, as the
rules
of each
House
shall provide, appear before and
impeachment. the legislature is, therefore, sui generis, and local legislative bodies
be heard by such House on any matter pertaining to their
cannot correctly claim to possess it for the same reasons that the
departments. Section 1 cannot be applied to appearances of department
national legislature does. The power attaches not to the discharge of
heads in inquiries in
aid of
legislation. Congress is
not
bound
in
legislative functions per se but to the
character of the
legislature as
Written questions shall be
submitted to
the
President of the Senate such instances to respect the refusal of the department head to appear
one of
the three independent and coordinate branches of government.
or the Speaker of the House of Representatives at
least
three days in such inquiry, unless a valid claim of privilege is subsequently
The same thing cannot be said
of local legislative bodies which are
made,eitherbythePresidentherselforbytheExecutiveSecretary.
before their scheduled appearance. Interpellations shall not be creationsoflaw.
limited to
written
questions, but may cover matters related thereto.
When the security of
the State or the public interest so requires and LegislativeInvestigations
Arnaultv.Nazareno
the President so states in writing, the appearance shall be
Section 21. The Senate or the
House of
Representatives or
any of The inquiry, to be within the jurisdiction of the legislative body
conductedinexecutivesession.
its respective committees may conduct inquiries in aid of making it, must be material or necessary to the exercise of a power in
⭐SenateofthePhilippinesv.Ermita legislation in accordance with its duly published rules of it vested by the Constitution, such as to legislate or to expel a
procedure. The rights of
persons appearing in,
or
affected
by,
such member.
Section 1 specifically applies to department heads. The required inquiriesshallberespected. But no person can be punished for contumacy as a witness before
prior consent under Section
1 is
grounded on
Article VI,
Section 22
either House, unless his
testimony is required in a matter into which
of the Constitution on what has been referred to as the question Bengzonv.SenateBlueRibbonCommittee thatHousehasjurisdictiontoinquire.
hour.
The
power of
both houses
of Congress
to
conduct
inquiries in aid of Once an inquiry is admitted or established to be within the
Section 22 which provides for
the
question hour must be interpreted
legislation is
not , therefore, absolute or unlimited. The investigation jurisdiction of
a legislative
body
to
make, we think the
investigating
vis-á-vis Section 21 which provides for
the
power of either House of
mustbe committee has the power to require a witness to answer any question
Congress to "conduct inquiries in
aid
of
legislation." A distinction
a) in aid of legislation in accordance with its duly published pertinent to
that inquiry,
subject
of
course to
his constitutional right
was made between inquiries in aid of legislation and the question
rulesofprocedureand againstself-incrimination.
hour. While attendance was meant to be discretionary in the
question hour, it was compulsory in inquiries in aid of b) that the rights of persons appearing in or affected by
such If the subject of investigation before the committee is within
legislation. inquiriesshallberespected. the range of legitimate legislative inquiry and the proposed
testimony of the witness called relates to that subject,
Sections 21 and 22, therefore, while closely related and It
follows then that the rights of persons under the Bill of Rights must
obedience to
its
process may
be enforced by the
committee by
complementary to
each other, should not be considered as pertaining be respected, including the right to due process and the right not to be
imprisonment
to
the
same
power of Congress. One
specifically relates to the power compelledtotestifyagainstone'sself.
to
conduct
inquiries in aid
of
legislation, the aim of which is to elicit The contemplated inquiry
by respondent Committee is
not really "in
information that
may be used for legislation, while the other pertains SenateBlueRibbonCommitteev.Majaducon
aid of legislation" because it is not related to a purpose within the
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When the Senate Blue Ribbon Committee served subpoena on grounded on executive privilege, national security or similar RomeroIIv.Estrada
respondent Flaviano to appear and testify before it in connection with concerns — would be accorded due judicial evaluation. All the
its investigation of the alleged misuse and mismanagement of the constitutional considerations pertinent to either branch of Suffice it to state that when the Committee issued invitations and
AFP-RSBS funds, it did so pursuant to its authority to conduct government may be
raised, assessed, and ultimately weighed against subpoenas to petitioners to appear before it in connection with its
inquiriesinaidoflegislation. each
other.
And
once the
courts
speak with
finality, both branches of investigation of the aforementioned investments, it did
so
pursuant
government have no option but to comply with the decision of
the to its authority to conduct inquiries in aid of legislation. And the
In
the
instant case, no court had acquired jurisdiction over the matter.
courts,whethertheeffectofthedecisionistotheirlikingordisfavor. Court has no
authority to prohibit a Senate committee from requiring
Thus, there was as yet no encroachment by the legislature into
the
persons to appear
and
testify before it
in
connection with an inquiry
exclusive jurisdiction of another branch of the government. Clearly,
Neriv.SenateCommitteeonAccountabilityofPublicOfficersand in aid of legislation in accordance with its duly published rules of
there was no basis for the respondent Judge to apply the ruling in
procedure.
Bengzon. Hence, the denial of petitioner's motion to dismiss the Investigation
petitionforprohibitionamountedtograveabuseofdiscretion. Oversight
Nixon, In Re Sealed Case and Judicial
Watch, somehow
provide
the
elementsofpresidentialcommunicationsprivilege,towit: SeparateOpinion,JusticePuno,Macalintalv.Comelec,etal.
IntheMatterofthePetitionforIssuanceofWritofHabeasCorpus
1) The protected communication must relate to a
ofCamiloSabio Conceptandbasesofcongressionaloversight
"quintessentialandnon-delegablepresidentialpower."
The 1987 Constitution recognizes the power of investigation, not just 2) The communication must be authored or "solicited and The power of oversight embraces all activities undertaken by
of
Congress, but
also
of "any
of its committees." This is significant received" by a close advisor of the President or the President Congress to enhance its understanding of and influence over the
because it constitutes a direct conferral of investigatory power himself. The judicial test is that an advisor must be in implementation of legislation it has enacted. Clearly, oversight
upon the committees and it means that the mechanisms which the "operationalproximity"withthePresident. concernspost-enactmentmeasuresundertakenbyCongress:
Houses can take in order to effectively perform its investigative (a) to monitor bureaucratic compliance with program
3) The presidential communications privilege remains a
functionarealsoavailabletothecommittees. objectives,
qualified privilege that may be overcome by a showing of
Senate v. Ermita categorically ruled that "the power of
inquiry
is adequate need, such that the information sought "likely
broad enough to
cover officials
of
the executive branch." Verily, contains important evidence" and by the unavailability of (b) todeterminewhetheragenciesareproperlyadministered,
the Court reinforced the doctrine in Arnault that "the
operation of the information elsewhere by an appropriate investigating
(c) toeliminateexecutivewasteanddishonesty,
government, being a legitimate subject for legislation, is a authority.
proper subject for
investigation" and that "the power of inquiry (d) topreventexecutiveusurpationoflegislativeauthority,and
United States v. Nixon held that a claim of executive privilege is
isco-extensivewiththepowertolegislate."
subject to balancing against other interest. In other words,
Thus,
Section 4(b) is directly repugnant with Article VI, Section 21. confidentiality in
executive privilege is
not
absolutely protected by (e) to assess executive conformity with the congressional
Section 4(b) exempts the PCGG members and staff from the theConstitution. perceptionofpublicinterest.
Congress' power of inquiry. This cannot be countenanced. The power of oversight has been
held
to
be
intrinsic
in
the
grant
of
Nowhere in the Constitution is any provision granting such StandardCharteredBankv.SenateCommitteeonBanks legislative power itself and integral to the checks and balances
exemption. inherentinademocraticsystemofgovernment.
Central to the Court’s ruling in Bengzon was the C
ourt’s
determination that the intended inquiry was not in aid of Categoriesofcongressionaloversightfunctions
Gudaniv.Senga
legislation. The acts done by Congress purportedly in the exercise of its oversight
If
the President or
the
Chief of
Staff
refuses
to allow a member of the powers may be divided into three categories, namely: scrutiny,
Indeed, the mere filing
of
a criminal or
an
administrative complaint
AFP to appear before Congress, the legislative body seeking such investigationandsupervision.
before a court or a quasi-judicial body should not automatically bar
testimony may seek judicial relief to compel the attendance. Such
the conduct of legislative investigation. Otherwise, it would be a. Scrutiny
judicial action
should be directed at the heads of the executive branch
extremely easy to
subvert any intended inquiry by
Congress through
or the armed forces, the persons who wield authority and control Congressional scrutiny implies a lesser intensity and continuity of
the convenient ploy of instituting a criminal or an administrative
over the actions of
the
officers concerned. The legislative purpose of attention to administrative operations. Its primary purpose is to
complaint.
such testimony, as
well as
any defenses against the same — whether
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government; to
throw the
light
of
publicity on its
acts;
to
compel a Grounds
determine economy and efficiency of the operation of
government activities. In the exercise of legislative scrutiny, full exposition and justification of all of them which any one
for,andc
onvictiono f,
Congress may request information and report from the other considers objectionable; and to censure them if found
branches of government. It can give recommendations or pass condemnable.” 1. culpableviolationoftheConstitution,
resolutionsforconsiderationoftheagencyinvolved. Wilson went one step farther and opined that the legislature’s 2. treason,
Legislative
scrutiny
is based primarily on the power of appropriation informing function should be preferred to its legislative 3. bribery,
of Congress. Under the Constitution, the “power of the purse” function. He emphasized that “even more important than
belongstoCongress. 4. graftandcorruption,
legislation is
the
instruction and guidance in political affairs which
Likewise, Congress exercises legislative scrutiny thru
its
power the people might receive from a body which kept all national 5. otherhighcrimes,or
of confirmation. Through the power of confirmation, Congress concerns suffused in a broad daylight of discussion.” (Separate 6. betrayalofpublictrust.
sharesintheappointingpoweroftheexecutive. Opinion,JusticePuno,Macalintalv.Comelec,etal.)
Procedure
b. Investigation Powerofimpeachment
Gutierrezv.TheHouseofRepresentativesCommitteeonJustice
Congressional investigation involves
a more
intense
digging of facts. Whomaybeimpeached 2011Decision
As
now
contained in
the
1987 Constitution, the power of Congress to
1. ThePresident, The determination of sufficiency of form and substance of an
investigateiscircumscribedbythreelimitations,namely:
2. theVice-President, impeachment complaint
is
an
exponent of
the
express constitutional
(a) itmustbeinaidofitslegislativefunctions, grant of rule-making powers of
the
House of
Representatives which
3. theMembersoftheSupremeCourt, committedsuchdeterminativefunctiontopublicrespondent.
(b) it must be conducted in accordance with duly published
rulesofprocedure,and 4. theMembersoftheConstitutionalCommissions,and Petitioner urges the Court to look into the narration of facts
5. theOmbudsman. constitutive of the offenses vis-à-vis her submissions disclaiming
(c) the persons appearing therein are afforded their theallegationsinthecomplaints.T histheCourtcannotdo.
constitutionalrights. InreGonzales Franciscoinstructs
that
this
issue
would "require
the Court to make
c. Supervision A public officer who under the Constitution is required to be a a determination of what constitutes an
impeachable offense.
Such
a
Member of
the
Philippine Bar
as a qualification for the office held by determination is a purely political question which the Constitution
This connotes a continuing
and
informed awareness on
the
part
of a haslefttothesounddiscretionofthelegislature.
congressional committee regarding executive operations in a given him and who may be removed from office only by impeachment,
administrative area. While both congressional scrutiny and cannot be charged with disbarment during the incumbency of It is within the discretion of Congress to determine on how to
investigation involve inquiry into past executive branch actions in such public officer. Further, such public officer, during his promulgate its Impeachment Rules, in much the same way that
the
order to influence future executive branch performance, incumbency, cannot be
charged criminally before
the Sandiganbayan Judiciary is permitted to determine that to promulgate a decision
congressional supervision allows Congress to scrutinize the exercise or
any
other court
with any
offense which
carries with it the penalty means to deliver the decision to the clerk of court for filing and
of delegated law-making authority, and permits Congress to retain of removal from office, or any penalty service of which would publication.
partofthatdelegatedauthority. amounttoremovalfromoffice.
It
is
not
for
this
Court to tell a co-equal branch of government how to
A Member of the Supreme Court must first be
removed from
office promulgate when the
Constitution itself
has
not prescribed a specific
Non-legislative via the constitutional route of impeachment under Sections 2 and 3 of method of
promulgation. The Court is
in
no
position to
dictate a
Informingfunction Article XI
of
the
1987
Constitution. Should the tenure of the Supreme modeofpromulgationbeyondthedictatesoftheConstitution.
Court Justice be thus terminated by impeachment, he may then be
The
power of
oversight has been
held
to be intrinsic in the grant of held to
answer either
criminally
or
administratively (by disbarment It bears stressing that, unlike the process of inquiry in aid of
legislative power itself and integral to the checks and balances proceedings) for any wrong or misbehaviour that may be proven legislation where the rights of witnesses are involved, impeachment
againsthiminappropriateproceedings. is primarily for the protection of the people as a body politic,
inherent in a democratic system of government. John Stuart Mill
andnotforthepunishmentoftheoffender.
wrote that the duty of the legislature is “to watch
and control the
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c. Initiative on local legislation which refers to a
Theone-yearbarrule The Office of the Ombudsman, by express constitutional mandate,
petition
proposing to
enact
a regional, provincial, city,
includes its key officials, all of them tasked to support the
Article XI, Section 3, paragraph (5) of the Constitution reads: "No municipal,orbarangaylaw,r esolutionorordinance.
Ombudsman in carrying out her mandate. What is true for the
impeachment proceedings shall be initiated against the same
Ombudsman must be equally and necessarily true for her 2. "Indirect initiative" is
the
exercise
of
initiative by
the
people
officialmorethanoncewithinaperiodofoneyear."
Deputies who act as agents of the Ombudsman in the through a proposition sent to
Congress or
the
local legislative
Franciscostates
that
the term "initiate" means to file the complaint performanceoftheirduties. bodyforaction.
and take
initial
action on it. The initiation starts with the filing of the
complaint which must be accompanied with an action to set the Effect
3. "Referendum" is the power of the electorate to approve
or
complaint moving. It refers to the filing of the impeachment Art XI Sec 3[7]. Judgment in cases of impeachment shall not reject
a legislation
through an election called for the purpose. It
complaint coupled with Congress' taking initial action of said extend further than removal from office and
disqualification to maybeoftwoclasses,namely:
complaint. The initial action taken by the House on the complaint is hold any office under the Republic of the Philippines, but the
thereferralofthecomplainttotheCommitteeonJustice. a. Referendum on statutes which refers
to
a petition
to
party convicted shall nevertheless be liable and subject to
approve
or
reject
an
act
or
law,
or
part thereof, passed
The filing of an impeachment complaint is like the lighting of a prosecution,trial,andpunishment,accordingtolaw.
byCongress;and
matchstick. Lighting the matchstick alone,
however, cannot
light
up
the candle, unless the lighted matchstick reaches or torches the Barcenasv.HouseofRepresentatives b. Referendum on
local
law
which
refers
to
a petition to
candle wick. Referring the complaint to the proper committee approve or reject a law, resolution or ordinance
ignites the impeachment proceeding. With a simultaneous Section 3 (1) of Art XI speaks of initiating
"cases
of
impeachment"
enacted by regional assemblies and local legislative
referral of multiple complaints filed, more than one lighted while Section 3 (5) pertains to the initiation of "impeachment
proceedings." "Cases," no doubt, refers to those filed before the bodies.
matchsticks light the candle at the same time. What is important is
that there
should only be ONE CANDLE that is kindled in a year, Senate. Its use and its sense are consistent throughout Section 3. 4. "Proposition"isthemeasureproposedbythevoters.
such that once the candle starts burning, subsequent Thus, Section 3(6) states, “The Senate shall have the sole power to
decide all cases [not "proceedings"] of impeachment." Section
3(7) 5. "Plebiscite" is the
electoral
process
by
which
an
initiative
on
matchstickscannolongerrekindlethecandle.
provides, "Judgment in cases [not "proceedings"] of impeachment theConstitutionisapprovedorrejectedbythepeople.
shall
not
extend further than removal from office and disqualification 6. Toexercisethepowerofinitiativeorreferendum,
Gutierrezv.TheHouseofRepresentativesCommitteeonJustice toholdanyoffice...."
2011Resolution) a. at
least
ten per centum (10%) of the total number of
Indubitably, an
impeachment is not a judicial proceeding, but rather a I.InitiativeandReferendum theregisteredvoters,
political exercise. Petitioner thus cannot demand that the Court b. of
which every
legislative
district is
represented by at
RANo.6735ortheTheInitiativeandReferendumAct.
apply the stringent standards it asks of justices and
judges when it least
three per
centum (3%) of the registered voters
comes to inhibition from hearing cases. Incidentally, the 1. "Initiative" is the power of the people to propose thereof,
Impeachment Rules do not provide for any provision regarding
the amendments to the Constitution or to propose and enact c. shall sign a petition for the purpose and register the
inhibition of the Committee chairperson or any member from legislationsthroughanelectioncalledforthepurpose.
participating in an impeachment proceeding. The Committee may samewiththeComelec.
thus
direct any question of
partiality towards the concerned member Therearethree(3)systemsofinitiative,namely: 7. Apetitionforaninitiativeonthe1987Constitutionmusthave
only.
And any decision
on the matter of inhibition must be respected, a. Initiative on the Constitution which refers to a
anditisnotforthisCourttointerferewiththatdecision. a. at least twelve per centum (12%) of the total
petitionproposingamendmentstotheConstitution; numberofregisteredvotersassignatories,
GonzalesIIIv.OfficeofthePresident2014 b. Initiative on statutes which refers to a petition b. of
which every legislative district must be represented
proposingtoenactanationallegislation;and by at
least
three
per
centum (3%) of
the
registered
Section 8(2) of RA No. 6770 vesting disciplinary authority in the
President over the
Deputy Ombudsman violates the independence of voterstherein.
theOfficeoftheOmbudsmanandisthusu nconstitutional.
Garciav.Comelec
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The Constitution clearly includes not only ordinances but Declaration
of
martial
law
and
suspension
of the privilege B.Privileges,inhibitions,anddisqualifications
resolutionsasappropriatesubjectsofalocalinitiative. ofthewritofhabeascorpus;extension
Presidentialimmunity
Contrary to the submission of the respondents, the subsequent Executiveclemency
enactment of the Local Government Code of 1991 which also dealt ⭐DeLimav.Duterte2019
with local initiative did not change the scope of
its
coverage. More Natureandlimitations
The concept of presidential immunity under our governmental and
specifically, the
Code did not
limit
the coverage of local initiatives to Formsofexecutiveclemency constitutional system does not distinguish whether or not the suit
ordinancesalone.
pertains to an official act of the President. Neither does immunity
This provision clearly does not limit the application of local Diplomaticpower
hinge on the nature of
the
suit. The lack
of
distinctions prevents us
initiatives to ordinances, but to all "subjects or matters which are Powersrelativetoappropriationmeasures frommakinganydistinctions.
within the legal powers of the Sanggunians to enact," which
undoubtedlyincludesresolutions. Delegatedpowers SeparateconcurringofLeonen,J
Residualpowers Presidential immunity from suit only
extends to
civil,
criminal, and
administrative liability. A proceeding for the issuance of a writ of
VI.EXECUTIVEDEPARTMENT Vetopowers habeas data, as in this case, does not determine any such liability.
D.RulesofSuccession The Rule
on the Writ of Habeas Data only requires courts to ascertain
A.Qualifications,election,andtermofthePresidentand the accountability and responsibility of the public official or
Vice-President employee. Thus, the President cannot invoke immunity from suit in a
petitionforsuchwrit.
B.Privileges,inhibitions,anddisqualifications A.Qualifications,election,andtermofthe
PresidentandVice-President However, the proper respondent in a habeas data case for
Presidentialimmunity pronouncements made by
the
President in
his official capacity is the
Presidentialprivilege Sec2.N
opersonmaybeelectedPresidentunlessheis Executive Secretary, following the
ruling
in
Aguinaldo v. Aquino III.
This is in accord with the
doctrine that
the president
should not be
C.PowersofthePresident 1. anatural-bornc itizenofthePhilippines, impleaded in any suit during his or her incumbency, as recently
Generalexecutiveandadministrativepowers 2. aregisteredvoter, reiteratedinK ilusangMayoUnov.AquinoIII.
Powerofappointment 3. abletoreadandwrite, Presidentialprivilege
Ingeneral 4. atleast40yearsofageo
nthedayoftheelection,and ⭐SenateofthePhilippinesv.Ermita
Limitationsontheexercise/power 5. a resident of the Philippines for at least 10 years
Schwartz defines executive privilege as "the power of the
immediatelyprecedingsuchelection. Government to withhold information from the public, the
Typesofappointment
Sec 4. The President and the Vice-President shall be elected by courts, and the
Congress."
Similarly,
Rozell defines it as "the right
Powerofcontrolandsupervision direct vote of the people for a term
of
6 years
xxx.
The
President of the President and high-level executive branch officers to
withhold information from Congress, the courts, and ultimately
Doctrineofqualifiedpoliticalagency shalln otbeeligibleforanyre-election.
thepublic."
Executivedepartmentsandoffices No person who
has succeeded as
President and
has served as such
Tribe comments that while it is customary to employ the phrase
for more than
4 years
shall
be
qualified
for
election to
the
same "executive privilege,"
it
may
be more accurate
to
speak
of
executive
Localgovernmentunits
officeatanytime. privileges.
Emergencypowers
NoVice-Presidentshallserveformorethant wosuccessiveterms. 1. One variety of the privilege is the state secrets
privilege
Commander-in-chiefpowers on
the
ground that the information is
of
such
nature
that its
Callingoutpowers disclosure would subvert crucial military or diplomatic
objectives.
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2. Another variety
is the informer's privilege, or the privilege Secretary must state
that the
authority is
"By
order of the President," contains important evidence" and by the
unavailability
of
of the Government not to disclose the identity of persons which means that he personally consulted with her. The privilege the
information elsewhere by an appropriate investigating
who furnish information of violations of law to officers being
an extraordinary power, it
must be wielded only by the highest authority.
chargedwiththeenforcementofthatlaw. official
in the
executive hierarchy. In
other words,
the
President may
The right
of Congress
or
any
of its Committees to obtain information
notauthorizehersubordinatestoexercisesuchpower.
3. Finally, a generic privilege for internal deliberations has in aid of legislation cannot be equated with the people's right to
been said to attach to intragovernmental documents public information. The former cannot claim that every legislative
reflecting advisory opinions, recommendations and ⭐Neriv.ExecutiveSecretary inquiryisanexerciseofthepeople'srighttoinformation.
deliberations comprising part of a process by which Therearetwo(2)kindsofexecutiveprivilege TheClaimofExecutivePrivilegeisProperlyInvoked
governmentaldecisionsandpoliciesareformulated.
a) presidential communications privilege — pertains to Jurisprudence teaches that for the claim to be properly invoked,
Executive privilege, whether asserted against Congress, the communications, documents or other materials
that
reflect there must be a formal claim of privilege, lodged by the head of
courts, or the public, is recognized only in relation to certain types presidential decision-making
and
deliberations and
that the the
department which
has control over the matter. A formal and
of information of a sensitive character. While executive privilege Presidentbelievesshouldremainconfidential. proper claim of executive privilege requires a "precise and certain
is a constitutional concept, a claim thereof may be valid or not Thisappliestodecision-makingofthePresident. reason"forpreservingtheirconfidentiality.
depending on the ground invoked to justify it and the context in
which it is made. Indeed, the extraordinary character of the Rooted in the constitutional principle of separation of power
exemptions indicates that the presumption inclines heavily andthePresident'suniqueconstitutionalrole. Prohibitions
againstexecutivesecrecyandinfavorofdisclosure. b) deliberative process privilege. — includes advisory Sec
13.
The
President,
Vice-President, the
Members of the Cabinet,
opinions, recommendations and deliberations comprising and their deputies or assistants shall not, unless otherwise
En passant, the Court notes that Section 2(b) of E.O. 464 virtually
part of a process by which governmental decisions and
states that executive privilege actually covers persons. Such is a provided in this Constitution, hold ANY other office or
policiesareformulated.
misuse of
the
doctrine. Executive privilege
is properly invoked in employmentduringtheirtenure.
relation to specific categories of information and not to Appliestodecision-makingofexecutiveofficials.
Theys hallnot,duringsaidtenure,directlyorindirectly,
categoriesofpersons. Rootedoncommonlawprivilege.
a) practiceanyotherprofession,
Congress has the right to know why the executive considers the Unlike the deliberative process privilege, the presidential
requested information privileged. It does not suffice to merely communications privilege applies to documents in their b) participateinanybusiness,or
declare that the President, or an authorized head of office, has entirety, and
covers final and
post-decisional materials as
well
c) be financially interested in any contract with, or in any
determined that it is so, and that the President has not overturned as pre-deliberative ones. As a consequence, congressional or
that determination. A claim of privilege, being a claim of judicial
negation of
the presidential communications privilege is franchise, or special privilege granted by
the
Government
exemption from an obligation to disclose information, must, always subject to greater scrutiny than denial of the deliberative or any subdivision, agency, or instrumentality thereof,
therefore,beclearlyasserted. processprivilege. includingGOCCsortheirsubsidiaries.
Absent a statement of the specific basis of a claim of executive Theelementsofpresidentialcommunicationsprivilegeare,towit: They
shall
strictly
avoid
conflict
of
interest
in
the
conduct
of
their
privilege, there is no way of determining whether it falls under one of office.
the traditional privileges, or whether, given the circumstances in 1) The protected communication must relate to a
which it is made, it should be respected. Upon the other hand, "quintessentialandnon-delegablepresidentialpower."
The spouse and relatives by consanguinity or affinity within the
Congress must not require the executive to
state
the
reasons for
the 2) The communication must be authored or "solicited and fourth civil
degree of
the President shall not, during his tenure, be
claim with such particularity as to compel disclosure of the received" by a close advisor of the President or the President
appointedas
informationwhichtheprivilegeismeanttoprotect. himself. The judicial test is that an advisor must be in
"operationalproximity"withthePresident. a) MembersoftheConstitutionalCommissions,or
In light of this highly exceptional nature of the privilege, the Court
finds it
essential to
limit
to the President the power to invoke the 3) The presidential communications privilege remains a b) theOfficeoftheOmbudsman,or
privilege. She may of course authorize the Executive Secretary to qualified
privilege
that
may be
overcome by a showing of
c) as Secretaries, Undersecretaries, chairmen or heads of
invoke the privilege on her behalf, in which case the Executive adequate need, such that the information sought "likely
bureausoroffices,includingGOCCsandtheirsubsidiaries.
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CivilLibertiesUnionv.ExecutiveSecretary functions would fall under the purview of "any other office"
Resolution
prohibitedb ytheConstitution.
Sec. 13, Article VII, specifically prohibiting the President, The Court ruled that Elma's concurrent appointments as PCGG
In order
that
such
additional
duties or
functions may not transgress
Vice-President, members of the Cabinet, their deputies and assistants Chairman and CPLC are unconstitutional, for being incompatible
the prohibition embodied in Section 13, Article VII of the 1987
from holding any other office or employment during their tenure, offices. This ruling does not render both appointments void.
Constitution,
unless otherwise provided in the Constitution itself. The Following the common-law rule on
incompatibility of
offices,
Elma
prohibition imposed on the
President and his
official
family
is 1. such
additional
duties
or
functions must
be
required
by the had, in effect, vacated
his
first
office
as
PCGG
Chairman when he
therefore all-embracing and covers both public and private primaryfunctionsoftheofficialconcerned, acceptedthesecondofficeasCPLC.
officeoremployment. 2. who is to perform the same in an ex-officio capacity as
Section 7, Article IX-B is meant to lay down the general rule providedbylaw, Funav.ExecutiveSecretary2
010
applicable to all elective and appointive public officials and 3. withoutreceivinganyadditionalcompensationtherefor. Respondent Bautista being then the appointed Undersecretary of
employees, while Section 13, Article VII is meant to be the exception
DOTC, she
was thus covered by the stricter prohibition under Section
applicable only to the
President, the
Vice-President, Members of
the
PublicInterestCenterv.ElmaD
ecisionandR
esolution 13, Article VII and consequently she cannot invoke the exception
Cabinet, their deputies and assistants. The phrase
"unless otherwise
provided in Section 7, paragraph 2, Article IX-B where holding
provided in
this Constitution" must be given a literal interpretation to The general rule contained in Article IX-B permits an appointive another office is allowed by law or the primary functions of the
refer only to those particular instances cited in the Constitution itself, official to hold more than one office
only
if
"allowed by law or
by position. Neither was she
designated OIC of
MARINA in an ex-officio
towit: the
primary functions of
his
position." In the case of Quimson v. capacity,whichistheexceptionrecognizedinC ivilLibertiesUnion.
1. the Vice-President being appointed as a member of the Ozaeta, this Court ruled that, "there is no legal objection to a
Cabinet under Section 3, par(2), Article VII; or acting as government official occupying two government offices and
performing the functions of both as long as there is no Exceptionstotherule:
President in
those instances provided under Section 7, pars.
(2)and(3),ArticleVII;and, incompatibility." The crucial test in determining whether
incompatibility exists
between two
offices
was laid
out in People v. Art
VII
Sec
3 par
2. Vice-President may
The be
appointed as a
2. the Secretary of Justice
being an
ex-officio member of
the
Judicial and Bar Council by virtue of Section 8(1), Article Green — whether one
office is
subordinate to the other, in the sense MemberoftheCabinet.Suchappointmentrequiresnoconfirmation.
VIII. thatoneofficehastherighttointerferewiththeother.
Art VIII Sec 8 (1). A Judicial and Bar Council is hereby created
To
reiterate, the
prohibition under Section 13,
Article
VII
is
not to be In
this case,
an
incompatibility exists between the positions of the
PCGG Chairman and the
CPLC. The duties of
the CPLC include giving under the supervision of the Supreme Court composed of
xxx,
the
interpreted as covering positions held without additional
independent and impartial legal
advice on
the actions of the heads of SecretaryofJustice,xxx.
compensation in e x-officio capacities as provided by law and as
various executive departments and agencies and to review
required by the primary functions of
the
concerned official's office.
investigations involving heads of executive departments and C.PowersofthePresident
The term ex-officio means "from office; by virtue of office." It refers
to
an "authority derived from official
character merely, not expressly
agencies, as well as other Presidential appointees. The PCGG is, Generalexecutiveandadministrativepowers
without question, an
agency under the
Executive Department. Thus,
conferred upon the individual character, but rather annexed to the Section 1.
THE
executive
power
shall
be
vested
in the President of
the actions of the PCGG Chairman are subject to the review of the
official position." Ex-officio likewise denotes an "act done in an thePhilippines.
CPLC.
official character, or as a consequence of office, and without any
otherappointmentorauthoritythanthatconferredbytheoffice." The strict prohibition under Section 13, Article VII of the 1987 Marcosv.ManglapusD
ecisionandR
esolution
Constitution is not applicable to the PCGG Chairman nor
to
the
The term
“primary” used
to
describe "functions" refers to the order Although the 1987 Constitution imposes limitations on
the
exercise
CPLC, as neither of them is a secretary, undersecretary, nor an
of importance and thus means chief or principal function. The of specific powers of the President, it maintains intact what is
assistant secretary, even if
the
former may have the same rank as the
additional duties must not only be closely related to, but must be traditionally considered as within the scope of "executive power."
latter positions. However, Elma remains covered by the general
requiredbytheofficial'sprimaryfunctions. Corollarily, the powers of
the
President
cannot be
said
to
be
limited
prohibition under Section 7, Article IX-B and his appointments
only to
the
specific
powers enumerated in the
Constitution. In other
If the functions required to be performed are merely incidental, must still
comply with the standard of
compatibility of
officers
laid
words, executive power is
more than the sum of specific powers
remotely related, inconsistent, incompatible, or otherwise alien down therein; failing which, his appointments are hereby pronounced
soenumerated.
to the primary function of a cabinet official, such additional inviolationoftheConstitution.
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ExecutiveDepartment. Government whose appointments are not otherwise
Resolution
providedbylaw.
The powers of the President are not limited to what are expressly WithConcurrenceofCA
Under the
same
Section
16,
there
is
a fourth group of
lower-ranked
enumerated in the article on the Executive Department and in Art VII Sec 16. The President shall nominate and, WITH the officers whose
appointments Congress may by
law
vest in the heads
scattered provisions of
the
Constitution. This is so,
notwithstanding
consentoftheCommissiononAppointments,appoint of
departments, agencies,
commissions, or
boards. The present case
the avowed intent
of
the members of
the Constitutional Commission
involves the interpretation of Section 16 with respect to the
of 1986—to limit the powers of the President, for the result was
a a) theheadsoftheexecutivedepartments,
appointmentofthisfourthgroupofofficers.
limitation of specific powers of the President, particularly those
b) ambassadors,otherpublicministersandconsuls,or
relating to the
commander-in-chief clause, but not
a diminution of The President appoints the
first group of officers with the consent
thegeneralgrantofexecutivepower. c) officers of the armed forces from the rank of colonel or of the CA. The President appoints the second and
third groups
of
navalcaptain,and officers without the
consent of
the CA. The President appoints
the
Vinuyav.Romulo third group of officers if the law is silent on
who
is
the
appointing
d) other officers whose appointments are vested in him in power, or if the law authorizing the head of a department, agency,
Officials of the Executive Department declined to assist the thisConstitution. commission, or board to
appoint is declared unconstitutional. Thus,
petitioners, and took the position that the individual claims of the i) The regular
members of
the JBC
shall be appointed by if Section 6(b) and (c) of PD 15 is found unconstitutional, the
comfort women for
compensation had already been fully satisfied by President shall appoint the trustees of the CCP Board because the
the President for
a term of four years with the consent
Japan's compliance with the Peace Treaty between the Philippines trusteesfallunderthethirdgroupofofficers.
oftheCA.(ArtVIIISec8[2])
andJapan.
The grant of the power to appoint to the heads of agencies,
Heshallalsoappoint
The Executive Department has
determined that taking up petitioners' commissions, or
boards is
a matter of legislative grace. Congress has
cause would be inimical to our country's foreign policy interests, and a) all other officers of the
Government
whose
appointments the discretion to grant to, or withhold from, the heads of
agencies,
could disrupt our relations with Japan, thereby creating serious arenototherwiseprovidedforbylaw,and commissions,orboardsthepowertoappointlower-rankedofficers.
implications for stability in this region. For us to overturn the
b) thosewhomhemaybeauthorizedbylawtoappoint. The presidential power of control over the Executive branch of
Executive Department's determination would mean an assessment of
government extends to
all
executive employees from the Department
the foreign policy judgments by a coordinate political branch to The Congress may, by law,
vest
the
appointment of other officers Secretary to the lowliest clerk. This constitutional power of the
which authority to make that judgment has been constitutionally lower in rank in the President alone, in the courts, or in the heads President is self-executing and does not
require
any
implementing
committed.
ofdepartments,agencies,commissions,orboards. law.
Congress cannot limit or curtail the President's power of control
Powerofappointment overtheExecutivebranch.
Rufinov.Endriga
The CCP must fall under the Executive branch. Under the Revised
Ingeneral
The source of the President's power to appoint, as well as the Administrative Code of
1987, any
agency "not placed by law or order
GovofPhilIslandsv.Springer Legislature's authority to delegate the power to
appoint, is
found in creating them
under any specific
department" falls
"under the
Office
Section 16, Article
VII.
Here,
the
President appoints three groups of ofthePresident."
Appointment to office
is intrinsically an executive act involving
officers.
the exercise of discretion. We deduce that the power of Section 6(b) and (c) of PD 15 makes the CCP a self-perpetuating
appointment in the Philippines appertains, with
minor exceptions, 1. The first group refers to the heads of the Executive entity, virtually outside the control of
the President. Such
a public
to the executive department; that membership in the voting departments, ambassadors, other public ministers and office or board cannot legally exist under the 1987
committee in question is an office or executive function; that the consuls, officers of the armed forces from the rank of Constitution.
National Coal Company and similar corporations are colonel or naval captain, and other officers whose
instrumentalities of the government; that the duty to look after appointments are vested in the President by the UponrecommendationofJBC
government agencies and government property belongs to the Constitution.
executive department; and that the placing of members of the (a) MembersofSCandallothercourts
2. The second group refers to
those
whom
the
President
may
Philippine Legislature on the voting committee constitutes an beauthorizedbylawtoappoint.
invasion by the Legislative Department of the privileges of the Art VIII
Sec
9.
The
Members of
the Supreme Court and judges
3. The third group refers to all other officers of the of
lower courts
shall
be
appointed by the
President
from a list
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of at least three nominees preferred by the Judicial and Bar
authorities admit of exceptional circumstances justifying
revocation appointing a Chief
Justice
on
the
premise that
Section 15,
Article
VII
Council for every vacancy. Such appointments need no such
as
when mass ad-interim appointments (350) issued in the last extends to appointments in the Judiciary cannot be sustained. We
confirmation. hours of an outgoing Chief Executive are to be considered by the reverseV alenzuela.
Commission on Appointments that is different from that be
(b) Ombudsmananddeputies Given the
background and
rationale for
the prohibition in Section 15,
submitted by an incoming Chief Executive who may not wholly
Article VII, we have no doubt that the Constitutional Commission
approve of
the selections especially if
it is doubtful that the outgoing
Art XI Sec 9. The Ombudsman and his Deputies shall be confined the prohibition to appointments made in the Executive
Presidentexerciseddoublecareinextendingsuchappointments.
appointed by the
President from a list
of
at
least
six nominees Department. The framers did not need to extend the prohibition to
After the proclamation of the election of an incoming Chief Executive, appointments in
the Judiciary, because their establishment of the JBC
prepared by the JBC, and from a list of three nominees for every
the outgoing Chief Executive is no more than a "care-taker" and their subjecting the nomination and screening
of
candidates for
vacancy thereafter. Such appointments shall require no administration. He is duty bound
to
prepare for
the
orderly
transfer judicial positions to the unhurried and deliberate prior process of the
confirmation. All vacancies shall be filled within three of authority to the incoming President and he should not do acts JBC
ensured that
there would no
longer be midnight appointments to
monthsaftertheyoccur. which, he ought to know, would embarrass or obstruct the policies of theJudiciary.
Limitations
hissuccessor.
Typesofappointment
ProhibitionagainstNepotismandMidnightAppointments
Jorgev.Mayor Interimorrecessappointments
Sec 13[2]. The spouse and relatives by consanguinity or
The fundamental issue is whether Administrative Order No. 2 of Art VII Sec 16(2). The President shall have the power to make
affinity
within
the fourth
civil
degree
of
the President shall not,
President Macapagal operated as
a valid revocation of petitioner's ad appointments during the
recess
of
the Congress, whether voluntary
duringhistenure,beappointedas interimappointment.Wethinki thasnotdoneso. or
compulsory, but
such appointments shall
be
effective only until
a) MembersoftheConstitutionalCommissions,or Jorge's ad interim appointment is dated December 13, 1961, but there disapproved by the
Commission on Appointments or until the next
b) theOfficeoftheOmbudsman,or is
no evidence on record
that
it
was made and released after the joint adjournmentoftheCongress.
session of Congress that ended on the same day. In the absence of Guevarav.Inocentes
c) as Secretaries, Undersecretaries, chairmen or heads of competent evidence to the contrary, it is to be presumed that the
bureausoroffices,includingGOCCsandtheirsubsidiaries. appointment of
Jorge was
made before the
close
of office hours, that The
ad interim appointment extended to petitioner on November 18,
being the regular course of business. The appointment, therefore, was 1965 by the former Executive lapsed when the special session of
Sec 15.
Two
months immediately before the next
presidential not included in, nor intended to be covered by, AO No. 2, and the Congressadjourneds inedieataboutmidnightofJanuary22,1966.
elections and up to the end of his term, a President or Acting same stands unrevoked. Consequently, it was validly confirmed by
It is the clear intent of the framers of our Constitution to make a
Presidents hallnotmakeappointments,except theCA,andthereafter,theofficeneverbecamevacant.
recessappointmenteffectiveonly
a) temporaryappointments
DeCastrov.JBC2010Decision (a) untildisapprovalbytheCommissiononAppointments,or
b) toexecutivepositions (b) until t he next adjournment of Congress, and never a day
Prohibition under Section 15, Article VII does not apply to longerregardlessofthenatureofthesessionadjourned.
c) when continued vacancies therein will prejudice public
appointments to
fill
a vacancy
in
the
Supreme Court or to other
serviceorendangerpublicsafety. appointmentstotheJudiciary DeRamav.CA
Aytonav.Castilloonmidnightappointments Had the framers intended to extend the prohibition contained in
There is no law that prohibits local elective officials from making
Section 15, Article VII to the appointment of Members of the Supreme
This Court resolves that it must decline to disregard the appointmentsduringthelastdaysofhisorhertenure.
Court, they could have explicitly done so. They could not have
Presidential Administrative Order No. 2, cancelling such ignored the meticulous ordering of
the
provisions. They would have The
constitutional prohibition on so-called "midnight appointments,"
"midnight"or"last-minute"appointments. easily and surely written the
prohibition made explicit in Section 15, appliesonlytothePresidentorActingPresident.
As a rule, once an appointment
is
issued,
it
cannot
be
reconsidered Article VII as being equally applicable to the appointment of
specially where the appointee has qualified. On the
other
hand,
the Members of the Supreme Court in Article VIII itself, most likely in Matibagv.Benipayo
Section 4(1). Consequently, prohibiting the incumbent President from
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An ad
interim appointment is a permanent appointment because it appointment is one that has not been finally acted upon on the (2) The person designated shall receive the compensation attached
takes effect immediately and can no longer be withdrawn by the merits by
the
CA at
the close
of
the
session of Congress. There is no to
the
position, unless he
is
already in
the
government service
President once the
appointee
has qualified into office. The fact that it final decision by the CA to give or withhold its consent to the in which case he shall receive only such additional
is subject to confirmation by the CA does not alter its permanent appointment as required by the Constitution. Absent such decision, compensation as,
with
his
existing salary, shall
not
exceed the
character. The Constitution itself makes
an ad
interim appointment the President is free to renew the ad interim appointment of a
salary authorized by law for the position filled. The
permanent in character by making it effective until disapproved by by-passedappointee.
theCAoruntilthenextadjournmentofCongress. compensation hereby authorized shall be
paid
out of the funds
It is well settled in this jurisdiction that the President can appropriatedfortheofficeoragencyconcerned.
The Constitution imposes no condition on the effectivity of an ad renewtheadinterimappointmentsofby-passedappointees.
interim appointment, and thus an ad interim appointment takes effect (3) In no case shall a temporary designation
exceed
one
(1)
The prohibition on
reappointment in
Section
1(2),
Article IX-C
of the
immediately. The appointee can at once assume office
and
exercise, year.
Constitution applies neither to disapproved nor by-passed ad interim
asadejureofficer,allthepowerspertainingtotheoffice.
appointments. A disapproved ad interim appointment cannot be Powertoremove
A
distinction is
thus
made between the
exercise
of
such presidential revived by another ad
interim appointment because the
disapproval
prerogative requiring confirmation by the CA when Congress is in is final under Section 16, Article VII, and not because a reappointment GonzalesIIIv.OP2012
sessionandwhenitisinrecess. is prohibited under Section 1(2), Article IX-C. A by-passed ad
interim appointment can be revived by a new ad interim Under the doctrine of implication, the power to appoint carries with
In the
former, the President nominates, and
only upon the consent of it the power to remove. As a general rule, therefore, all officers
appointment because there is no final disapproval under Section 16,
the Commission on Appointments may the person thus named appointedbythePresidentarealsoremovablebyhim.
Article VII, and such new appointment will not result in the appointee
assume office. It
is
not so with reference to ad interim appointments.
servingbeyondthefixedtermofsevenyears. The exception to
this
is
when
the
law expressly provides otherwise
It takes effect at once. The individual chosen may thus qualify
and
perform his
function without loss
of
time. His title to
such office is Thephrase“w
ithoutreappointment”appliesonlytoonewho – that is, when the power to remove is expressly vested in an office or
complete. authority other than the appointing power. In some cases, the
1. hasbeenappointedb
ythePresidentand Constitution expressly separates the power to remove from the
An ad interim appointment is not descriptive of the nature of the 2. confirmedb
ytheCommissiononAppointments, President'spowertoappoint.
appointment, that is,
it
is
not
indicative of
whether the
appointment
is
temporary or
in
an
acting capacity, rather it denotes the manner whetherornotsuchpersoncompleteshistermofoffice. 1. Under Section 9, Article VIII of the 1987 Constitution, the
in which the appointment was made. Thus, the term “ad interim Members of the Supreme Court and judges of lower
courts
There must be
a confirmation
by
the
Commission on
Appointments
appointment”, as used in letters of appointment signed by the shallbeappointedbythePresident.
of
the
previous appointment before the prohibition on reappointment
President, means a permanent appointment made by the canapply. a. However, Members of the Supreme Court may be
Presidenti nthemeantimethatCongressisi nrecess. removed after
impeachment proceedings
initiated
Temporarydesignations
byCongress(Section2,ArticleXI),
TheConstitutionalityofRenewalsofAppointments
Administrative
Code of 1987, Book III, SECTION 17. Power to Issue b. while judges
of
lower
courts
may be
removed only
There is no dispute that an
ad
interim appointee disapproved by the
CA can no longer be extended a new appointment. The disapproval is TemporaryDesignation.— by the Supreme Court by virtue of its
a
final decision on the merits by the CA in the exercise of its checking administrative supervision over all its personnel
(1) The President may
temporarily designate an
officer
already
in (Sections6and11,ArticleVIII).
power on the appointing authority of the President. Since the
the government service or any other competent person to
Constitution does not provide for any appeal from such decision, the 2. The Chairpersons and Commissioners of the Civil Service
perform the functions of an office in the executive branch,
disapproval is
final and binding on the
appointee as
well as on Commission [Section 1(2), Article IX(B)], the Commission
the appointing power. In this instance, the President can no longer appointmenttowhichisvestedinhimbylaw,when:
on Elections [Section 1(2), Article IX(C)], and the
renew the appointment not because of
the
constitutional prohibition (a) the officer regularly appointed to the
office is
unable Commission on Audit [Section 1(2), Article IX(D)] shall
on reappointment, but because of a final decision by the Commission likewise be appointed by the President, but they may be
to
perform his
duties by
reason
of illness, absence or
onAppointmentstowithholditsconsenttotheappointment. removedonlybyi mpeachment(Section2,ArticleXI).
anyothercause;or
An ad
interim appointment that
is
by-passed because of
lack of time 3. The Ombudsman himself shall be appointed by the
or failure of the CA to organize is another matter. A by-passed (b) thereexistsavacancy;
President (Section 9, Article XI) but may also be removed
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onlybyi mpeachment(Section2,ArticleXI). 2. thesuspensionofthewritofhabeascorpus,and Command responsibility has a technical meaning. In Saez, We
In giving the President the power to remove a Deputy Ombudsman 3. the exercise of the pardoning power notwithstanding the ruled that to hold someone liable under the doctrine of command
and Special Prosecutor,
Congress simply laid
down in
express
terms judicialdeterminationofguiltoftheaccused, responsibility,thefollowingelementsmustobtain:
an authority that is already implied from the President's
all
fall
within
this
special class that demands the exclusive exercise a) the existence of a superior-subordinate relationship
constitutional authority to appoint the aforesaid officials in the Office
by
the President of
the constitutionally vested power. The list is by between the accused as superior and the
perpetrator of
the
oftheOmbudsman.
no means exclusive, but there must be
a showing
that
the
executive crimeashissubordinate;
powerinquestionisofsimilargravitasandexceptionalimport. b) the superior knew or had reason to know that the crime
wasabouttobeorhadbeencommitted;and
Powerofcontrolandsupervision In this
case,
then
Executive Secretary Ermita,
as
the
President's alter c) the
superior
failed to take the necessary and reasonable
ego, had the authority to let petitioner continue implementing its measures to prevent the criminal acts or punish the
Section 17. The
President
shall control
have of all the executive
annual medical checkup program through enrollment with health perpetratorsthereof.
departments, bureaus, and offices. He shall ensure that the laws be maintenance organizations. Consequently, the exemption granted by
faithfullyexecuted. v
Executive Secretary Ermita, as the President's alter ego, is alid. It In this case, since Aquino is considered a superior of the AFP but not
willremainso,unlessdisapprovedorreprobatedbythePresident. the PNP which is the agency involved in this case, the first element is
⭐PIDSv.COA2019LeonenEnBanc not satisfied. Likewise, even granting that Aquino may be considered
a "superior" of the PNP, the last two elements are
also not
satisfied
Here, unlike in Province of Negros, petitioner is
not
an
LGU, but a Nacinov.OfficeoftheOmbudsman2019EnBanc
since it was not shown by evidence that he knew or
had reason to
GOCC which sought the President's approval before establishing its Aquino’s actuations do
not
constitute
a participation in
the
planning know that a crime was about to
be or
had been
committed, and
that
annual medical checkup
program. It
likewise sought the Office of the and implementation of Oplan Exodus since, as President of the he failed to take steps to prevent the criminal act or punish its
President's approval to continue the annual medical checkup Republic, he
does
not exercise direct
control over the PNP under perpetrators.
program's implementation after Notice of Disallowance had been thedoctrineofqualifiedpoliticalagency.
issued,whichthepetitionerinP rovinceofNegrosneverdid. Doctrineofqualifiedpoliticalagency
The Senate Report stated that as the PNP is under the DILG, the
There is no
absolute
or
categorical rule
stating that
a Senior Deputy DENRv.DENREmployees
President, as
Chief Executive, exercises supervision and
control over
Executive Secretary has no power to
act
on
his
own or
in
default
of the PNP. Given that the President gave
the policy
direction to
arrest
the Executive Secretary by authority of the President generally or It is apropos to reiterate the elementary doctrine of qualified
Marwan and Usman, and that he approved Oplan Exodus with full
specifically. politicalagency,thus:
knowledge of
its
operational details,
he
is
ultimately responsible for
While
this
may
be true, the authority to issue the exemption must the success or failure of the mission. It suggests Aquino's Under this
doctrine, which recognizes the
establishment of a single
nonetheless be done upon the express designation and accountabilityunderthedoctrineofcommandresponsibility. executive, all executive and administrative organizations are
delegation by the president through a presidential or executive The President of
the Republic of
the
Philippines is
NOT part of adjuncts of the Executive Department, the heads of the various
issuance. the chain of command of the PNP. Under Section 26 of RA No. executive departments are assistants and agents of the Chief
Furthermore, it must be stressed that the Administrative Code 6975, the
command and direction
of
the PNP is vested in the Chief of Executive, and, except in
cases where the
Chief
Executive is
required
explicitly grants the power to sign papers by authority of the the PNP. That the PNP chain of command does not include the by the Constitution or law to act in person or the
exigencies of the
president to
the
executive
secretary. It grants
no
similar authority PresidentisfurtherconfirmedbythePNPBOIReportitself. situation demand that he act personally, the multifarious executive
toaseniordeputyexecutivesecretary. and administrative functions of
the
Chief Executive are performed by
The President's power over the PNP is subsumed in his general and through the executive departments, and the acts of the Secretaries
In Planas, this Court emphasized that in the exercise of his
or
her power of control and supervision over the executive department of of such departments, performed and promulgated in the regular
executive power, the president can act through the heads of the the
government. In fact, Carpio v. Executive Secretary held that "the course of business, are, unless disapproved or reprobated by the
executive departments. Nevertheless, there are powers
vested in
the national police force does not fall under the Commander-in-Chief Chief Executive, presumptively the acts of the Chief Executive. This
President by the Constitution which may not be delegated to or power of the
President. This is
necessarily so
since the police force, doctrine is corollary to the control power of the President as
exercisedbyanagentoralteregoofthePresident. not being integrated with the military, is not
a part
of
the
AFP. As
a providedforunderArticleVII,Section17ofthe1987Constitution.
civilian agency of the government, it is only subject to the exercise by
1. Thedeclarationofmartiallaw, In the case at bar, the DENR Secretary can validly reorganize the
thePresidentofthep owerofexecutivecontrol."
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DENR by ordering the
transfer of
the DENR XII Regional Offices from of offices,
or
abolition thereof by
reason of
economy or
redundancy acting
through
the
Secretary
of Local Government, to suspend and/or
Cotabato City to Koronadal, South Cotabato. The exercise of this of functions. These point to situations where a body
or
an
office
is removelocalofficials.
authority by the DENR Secretary, as an alter
ego,
is
presumed to
be already existent but a modification or alteration thereof has to be
TheCourtislayingdownthefollowingrules:
the acts of the President for the latter had not
expressly repudiated effected. The creation of an office is nowhere mentioned, much
thesame. less envisioned in said provision. Accordingly, the answer to the 1. Local autonomy, under the Constitution, involves a mere
questionisinthenegative. decentralization of administration, not of power, in
In Chiongbian v. Orbos, this
Court stressed
the
rule that
the
power which local officials remain accountable to the central
of the
President to reorganize the administrative regions carries with While the
power to create a truth commission cannot pass muster on governmentinthemannerthelawmayprovide;
it the power to determine the regional centers. In identifying the the basis
of
P.D. No. 1416 as amended by P.D. No. 1772, the creation
2. ThenewConstitutiondoesnotprescribefederalism;
regional centers, the President purposely intended the effective of the PTC finds justification under S
ection 17,
Article VII of
deliveryofthefieldservicesofgovernmentagencies. the Constitution, imposing upon the President the duty to ensure that 3. The change in constitutional language with respect to the
thelawsarefaithfullyexecuted.(F aithfulExecutionClause) supervision clause was meant but to deny legislative control
⭐PIDSv.COA2019LeonenEnBanc over local governments; it did not exempt the latter from
The allocation of power in the three principal branches of legislative regulation provided regulation is
consistent with
The Court in Berdin v. Mascariñas expanded the application of government is a grant of all powers inherent in them. The thefundamentalpremiseofautonomy;
the doctrine of qualified political agency. In that case, the doctrine President's power to conduct investigations to aid him in
ensuring the faithful execution of laws — in this case, 4. Since
local governments remain
accountable to
the
national
was extended to
cover
the Assistant
Regional Director as an alter ego authority,
the latter
may,
by
law,
and
in
the manner set forth
of the Finance Secretary in fulfilling the latter's obligations under fundamental laws on public accountability and transparency — is
inherent in the President's powers as the
Chief Executive. That the therein,imposedisciplinaryactionagainstlocalofficials;
Sections49and50oftheLocalTaxCode.
authority of the President to conduct investigations and to create 5. "Supervision"
and "investigation" are not inconsistent terms:
While this Court has at times expanded the application of the doctrine bodies to execute this power is not explicitly mentioned in the "investigation" does not signify "control" which the
of qualified political agency, the doctrine remains limited to the Constitution or in statutes does not mean that he is bereft of such Presidentdoesnothave.
President's executive secretary and other Cabinet secretaries. It does authority.
not extend to
deputy executive
secretaries or
assistant deputy Dadolev.COA
secretaries. One of the recognized powers of the President granted pursuant to
this constitutionally-mandated duty is the power to create ad hoc
WhetherLBC55oftheDBMisvoidforgoingbeyondthe
Executivedepartmentsandoffices committees. This flows from the obvious need to ascertain facts and
supervisorypowersofthePresident
determine if laws have been faithfully executed. Thus, in DOH v.
Biraogov.PhilippineTruthCommission Camposano, the authority of
the
President
to
create
an investigative In administrative law, supervision means overseeing or the
power
committee to look into the administrative charges filed against the or authority of an officer to see that subordinate officers perform
Does the creation of the PTC fall within the ambit of
the
power
to
employees of the
DOH for the anomalous purchase of medicines was their duties. If the latter fail or neglect to fulfill them, the former may
reorganize as expressed in Section 31
of
the
Revised Administrative
upheld. take such action or
step
as prescribed by law to
make them perform
Code? Section 31 contemplates "reorganization" as limited by the
their duties. Control, on the other hand, means the power of an
followingfunctionalandstructurallines:
Localgovernmentunits officer to alter or modify or nullify
or set aside what
a subordinate
(1) restructuring the internal organization
of the
Office
of
the officer has done in the performance of his duties and to substitute the
President Proper by abolishing, consolidating or merging Art X Sec 4. The President of the Philippines shall exercise judgmentoftheformerforthatofthelatter.
units thereof or transferring functions from one unit to generalsupervisionoverlocalgovernments.xxx. Under our present system of
government, executive power is
vested
another;
in the President. The members of the Cabinet and other executive
(2) transferringanyfunction;or Section 16. The President shall exercise general
supervision officials are
merely alter
egos. As such, they are subject to the power
(3) transferringanyagency, over autonomous regions to ensure that laws are faithfully of control of the President, at whose will and behest they can be
under
the
Office
of
the
President to any other Department or executed. removed from office; or their actions and decisions changed,
Agencyorviceversa; suspendedorreversed.
Ganzonv.CA
Clearly,
the
provision
refers
to
reduction
of personnel, consolidation In contrast, the heads of political subdivisions are elected by the
The petitioners take common issue on the power of the President, people. Their sovereign powers emanate from the electorate, to
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whom they are directly
accountable. By constitutional fiat,
they
are A distinction must be drawn between the President's authority to Aganv.PIATCO
subject to the President’s supervision only, not
control, so long
as declare "a state of national emergency" and to exercise
their acts
are exercised within the
sphere
of
their
legitimate powers. emergency powers. To the
first,
Section
18,
Article
VII
grants the Temporarytakeoverofbusinessaffectedwithpublicinterest.
By the same token, the President may not withhold or alter any President such power, hence, no legitimate constitutional objection
In the 1986 Constitutional Commission, the term "national
authorityorpowergiventhembytheConstitutionandthelaw. canberaised.Buttothesecond,manifoldconstitutionalissuesarise.
emergency" was defined to include threat from external aggression,
Any
directive therefore by the President or any of his or her alter egos President
Arroyo
could
validly
declare the
existence of
a state of calamities or national disasters, but not strikes "unless it
is
of
such
seeking to alter the wisdom of a law-conforming judgment on
local national emergency even in the absence of a Congressional proportion that would paralyze government service." The duration
affairs of an LGU is a patent nullity because it violates the principle of enactment. of
the emergency itself is the determining factor as to how long
local autonomy and separation of powers of the executive and the temporary takeover by the government would last. The
But the exercise of emergency powers, such as the taking over of
legislativedepartmentsingoverningmunicipalcorporations. temporary takeover by the government extends only to the operation
privately owned public utility or business affected with public
of the business and not to the ownership thereof. As such the
DoesLBC55gobeyondthelawitseekstoimplement?YES. interest, is a different matter. This requires a delegation from
government is not required to compensate the private entity-owner
Congress.
LBC 55 provides
that
the additional monthly allowances to
be
given of the said business as there is no transfer of ownership, whether
by an LGU should not exceed P1,000 in provinces and cities and P700 Generally, Congress is
the repository of emergency powers. This permanent or temporary. The private entity-owner affected by the
in municipalities. Section 458, par. (a)(1)(xi), of RA 7160, the law is evident in the tenor of Section
23
(2),
Article
VI
authorizing it
to temporary takeover cannot, likewise, claim just compensation for the
that supposedly serves as
the
legal
basis
of
LBC 55,
allows the grant delegate such powers to the President. Certainly, a body cannot use of
the
said business and its properties as the temporary takeover
of additional allowances to judges “when the finances of the city delegate a power not reposed upon it. However, knowing that by the government is
in exercise of
its
police power and not
of
its
government allow.” The said provision does not authorize setting a during grave emergencies, it may not be possible or
practicable for powerofeminentdomain.
definite maximum limit to the additional allowances granted to Congress to meet and exercise its powers, the Framers of our
Article XII,
Section 17
of
the
1987 Constitution envisions a situation
judges. Constitution deemed it wise to allow Congress to grant emergency
wherein the exigencies of the times necessitate the government to
powerstothePresident,subjecttocertainconditions,thus:
Emergencypowers "temporarily take over or direct the operation of any privately owned
(1) Theremustbeaw
arorotheremergency. public utility or business affected with public interest." It is the
Sec 23(2) Art VI provides that in
times
of
war
or
other national (2) Thedelegationmustbeforal imitedperiodonly. welfare and interest of the public which is the paramount
emergency, the Congress may, by law, authorize the President, for consideration in
determining whether or not to temporarily take over
(3) The
delegation must be subject to such restrictions as the a particular business. Clearly, the State in effecting the temporary
a limited period and subject to such restrictions as it may
Congressmayprescribe. takeoverisexercisingitspolicepower.
prescribe, to exercise powers necessary and proper to
carry
out
a
declared national policy. Unless sooner withdrawn by resolution (4) The emergency powers must be exercised to carry out a
of the Congress, such powers shall cease upon the next adjournment nationalpolicydeclaredbyCongress. Commander-in-chiefpowers
thereof. Section 17, Article XII must be understood as an aspect of the Graduatedpowers
emergency powers clause. The taking over of private business
Ampatuanv.PunoreMaguindanaoMassacre Sec 18 grants the President, as Commander-in-Chief,
a “sequence” of
affected with public interest is just another facet of the emergency
powers generally reposed upon Congress. In
Araneta v.
Dinglasan, “graduatedpowers.”Fromthemosttotheleastbenign,theseare:
The President did not proclaim a national emergency invoking Sec
23(2) of Art VI, only a state of emergency in the three places this Court emphasized that legislative power, through which 1. thecallingoutpower,
mentioned. And she did not act pursuant to any law enacted by extraordinary measures are exercised, remains in Congress even in The only criterion is that ‘whenever it
becomes necessary,’
Congress that authorized her to
exercise extraordinary powers. The timesofcrisis. the
President may
call the armed forces ‘to prevent or suppress
calling out of the armed forces to prevent or suppress lawless Following our interpretation of Section 17, Article XII, invoked by lawlessviolence,invasionorrebellion.’
violence in such places is a power that the Constitution directly President Arroyo in issuing PP 1017, this Court rules that such 2. the power to suspend the privilege of the writ of habeas
vests in the President. She did not need a congressional Proclamation does not authorize her during the emergency to corpus
authoritytoexercisethesame. temporarily take over or direct the operation of
any privately
It is only the privilege that
is
suspended,
not
the
writ
itself.
owned public utility or business affected with public interest
OndeclaringastateofnationalemergencyinD
avidv.Arroyo Thus, when a person is detained for an offense related to
withoutauthorityfromCongress.
rebellion or invasion, the Judge need not inquire into the
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legalityofhisdetention. not a political question and
is
within
the
ambit of
judicial review.
whether it was exercised in a manner constituting grave abuse of
3. thepowertodeclarem
artiallaw. The phrase "in an appropriate proceeding" appearing on the
discretion. In view of the constitutional intent
to
give
the President
third paragraph of Section 18, Article VII refers to any action
For the latter two powers, the Constitution requires 2 requisites full
discretionary power to
determine
the necessity of calling out the
initiated by a citizen for the purpose of questioning the
toconcur: armed forces, it is incumbent upon the petitioner to show that
sufficiency of the factual basis of the exercise of the Chief
thePresident’sdecisionistotallybereftoffactualbasis.
(1) Anactualinvasionorrebellion;AND Executive's emergency powers. It could be denominated as a
(2) Thatpublicsafetyrequiresit. Congress may
revoke the proclamation of
martial law or suspension complaint,apetition,oramattertoberesolvedbytheCourt.
of the privilege of the writ of habeas corpus and the Court may In
Lagman v.
Medialdea, the Court had
the occasion to reexamine
Ondeclaringastateofrebellion
review the
sufficiency of
the
factual basis thereof. However, there is Fortun and clarify that the Court can simultaneously exercise
Section 18, Article VII
does not
expressly prohibit the
President no such equivalent provision dealing with the revocation or its power of review with, and independently from, the power to
from declaring a state of rebellion. The President’s authority to review of the President’s action to call out the armed forces. The revoke by
Congress. Corollary, any
perceived inaction or default on
declare a state
of
rebellion springs in
the
main from her powers as distinction places the calling out power in
a different
category from the part
of
Congress does not deprive or deny the Court of its power
chief executive and, at the same time, draws strength from her the power to declare martial law and the power to suspend the to review. In other words, the judicial power to review is not
Commander-in-Chiefpowers. privilege of the writ
of habeas corpus, otherwise, the
framers of
the dependent on whether Congress exercised its own power to
In calling out the armed forces, a declaration of a state of Constitution would have simply lumped together the three powers reviewtheactofthePresident.
rebellion is
an utter superfluity. At
most,
it
only gives
notice to and provided for their revocation and review without any
qualification.Expressiouniusestexclusioalterius. Lagman established the
sufficiency of
factual basis test as being
the nation that such a state exists. Sanlakas v. Reyes finds that
the
only
test for
judicial
review of
the
President's power to declare
such a declaration is
devoid of
any
legal
significance. For all legal
Declarationofmartiallawandsuspensionofthe martial
law and suspend the
privilege of the
writ
of
habeas corpus
intents,t hedeclarationisdeemednotwritten.
privilegeofthewritofhabeascorpus;extension underSection18,ArticleVII.
During a state of
rebellion, Lacson v. Perez tells us that authorities
➔ It
must be based
only on facts or information known by
may only resort to warrantless arrests of persons suspected of Fortun v.
Arroyo affirms that
although Sec 18 Art VII vests in the or available to the President at the time he made the
rebellion, as provided under Section 5, Rule 113 of the Rules of President the power to proclaim martial law or suspend the declaration or suspension, which facts
or
information are
Court. They should not be based on the declaration of a "state of privilege of
the writ of
habeas corpus, he shares such power with found in the proclamation as well as the written Report
rebellion." Congress. Thus: submittedbyhimtoCongress.
Callingoutpowers 1. The President’s proclamation or suspension is
temporary, ➔ The Court should look into the full complement or
IBPv.Zamora good f
or o
nly 6
0 d
ays ;
totality of the factual basis, and not piecemeal or
2. He must, within 48 hours of the proclamation or individually.
The power
of
the
President to keep the peace is not limited merely to suspension, report his action in person or
in
writing
to ➔ Neither should the Court expect absolute correctness
exercising the commander-in-chief powers in times of
emergency or Congress; of the facts stated in the proclamation and in the
written
to leading the State against external and internal threats to its
3. Both houses of Congress, if not in session must jointly Report as the
President could not
be expected to verify the
existence. The President is not only clothed with extraordinary
convene within 24 hours of the proclamation or accuracy and veracity of all facts reported to him due to the
powers in times of emergency, but is also tasked with attending
to
suspensionforthepurposeofr eviewingitsvalidity;and urgencyofthesituation.
the day-to-day problems of maintaining peace and order and ensuring
domestic tranquility in times when no foreign foe appears on the 4. The Congress, voting jointly, may revoke or affirm the ➔ To
require precision in the President's appreciation of facts
horizon. President’s proclamation or suspension, allow their would unduly burden him and therefore impede the
limited effectivity to lapse, or extend the same if processofhisdecision-making.
When the President calls the armed forces to prevent or suppress Congressdeemswarranted.
lawless violence, invasion or rebellion, he necessarily exercises a The parameters for determining
the
sufficiency
of
factual
basis
discretionary power solely
vested
in
his
wisdom. The
Court, thus, The constitutional validity of the President’s proclamation of areasfollows:
cannot be called upon to overrule the President’s wisdom or martial law or suspension of the writ of habeas corpus is
first
a
1) actualrebellionorinvasion;
substituteitsown. political question in the hands of Congress before
it
becomes a
justiciableoneinthehandsoftheCourt. 2) public
safety requires
it;
the
first
two
requirements must
However, this does not prevent an examination of whether such concur;and
Lansang held that the factual basis of the declaration of martial law
power was exercised within permissible constitutional limits or 3) there is probable cause for the President
to
believe
that
and
the
suspension of
the
privilege of
the
writ
of
habeas corpus is
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thereisactualrebellionorinvasion. (g) Upon such initiative or request from the President, the Formsofexecutiveclemency
Public safety "involves the prevention of and protection from Congress, voting jointly and
by
a vote
of
at
least
a majority of
Pardondistinguishedfromprobation
events that could endanger the safety of the general public from all its Members, can extend the proclamation or suspension
significant danger, injury/harm, or damage, such as crimes or forsuchperiodasitmaydetermine. Peoplev.Vera
disasters." (h) The extension of the proclamation or suspension shall only be
Probation and pardon are not coterminous; nor are they the same.
Onextendingmartiallaw approved when the invasion or rebellion persists
and
public
They are actually distinct and different from each other, both in origin
The only limitations to the exercise of congressional authority
to safetyrequiresit.
andinnature.
extends uchproclamationorsuspensionarethat: (i) The Supreme Court may review the sufficiency of
the
factual
basis of the proclamation or suspension or the extension The power to suspend sentence and the power to grant reprieves and
a) theextensionshouldbeuponthePresident'si nitiative; pardons, as understood when the constitution was adopted, are
thereof,inanappropriateproceedingfiledbyanycitizen.
b) it should
be
grounded
on
the
persistence
of
the
invasion totally distinct and different in their origin and nature. The former
(j) The Supreme Court must promulgate its decision within 30 was always a part
of
the
judicial power; the
latter
was always a part
orrebellionandthedemandsofpublicsafety;and
daysfromthefilingo ftheappropriateproceeding. of the executive power. The suspension of the sentence simply
c) it is subject
to
the
Court's
review of
the sufficiency of
its
(k) Martial law does not suspend the operation of the postpones the judgment of the
court temporarily or
indefinitely, but
factual basis upon the
petition
of
any citizen. (Lagman v.
Constitution. the conviction and liability following it, and all civil disabilities,
Medialdea2019)
(l) Martial law does not supplant the functioning of the civil remainandbecomeoperativewhenjudgmentisrendered.
The Court is not barred by the doctrine of conclusiveness of
courts or
legislative assemblies, nor authorize
the conferment A pardon reaches both the punishment prescribed for the offense
judgment from examining the persistence of rebellion. The
of jurisdiction on military courts and agencies over civilians and the
guilt
of the offender. It releases the punishment, and blots out
Court's power to review the extension of martial law is limited
wherecivilcourtsareabletofunction. of
existence the guilt,
so
that
in
the
eye
of
the
law,
the offender is as
solely to
the determination of
the
sufficiency of
the factual basis
thereof. The manner in which Congress deliberated on the (m) The suspension of the privilege of the writ applies only to innocent as if he had never committed the offense. It removes the
President's request for extension is not subject to judicial review. persons judicially
charged for rebellion or offenses inherent penalties and disabilities, and restores him to his civil rights. It
(Lagmanv.PimentelIII) inordirectlyconnectedwithinvasion. makes him, as it were, a new man, and gives him a new credit
and
capacity.
Checks and balances on the exercise of martial law and suspension (n) Finally, during the
suspension of
the
privilege of
the
writ,
any
powers person thus arrested or detained should be
judicially charged Pardondistinguishedfromparole
withinthreedays,otherwiseheshouldbereleased.
(a) The President may declare martial law or suspend of the
Torresv.Gonzales
privilege or the writ of the privilege of habeas corpus only Executiveclemency
when there is an invasion or rebellion and public safety The grant of pardon and the determination of the terms and
Natureandlimitations
requiressuchdeclarationorsuspension. conditions of a conditional pardon are purely executive acts
which
(b) The President's proclamation or suspension shall be for a Sec 19.
Except
in
cases
of
impeachment, or
as
otherwise provided arenotsubjecttojudicialscrutiny.
periodnotexceeding60days. in this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after Pardondistinguishedfromamnesty
(c) Within 48 hours from the proclamation or suspension, the
President must submit a Report in person or in writing to convictionbyfinaljudgment. Barrioquintov.Fernandez
Congress. He shall
also have the power to grant amnesty with the concurrence 1. Pardon is
granted by
the
Chief Executive and
as such it is a
(d) The Congress, voting jointly and by a vote of at least a ofamajorityofalltheMembersoftheCongress. private act which must be pleaded and proved by the person
majority of all its Members, can revoke the
proclamation or pardoned,becausethecourtstakenonoticethereof;
Art IX-C Sec 5. No pardon, amnesty, parole, or suspension of
suspension. while amnesty by Proclamation of
the
Chief Executive with
sentence for violation of
election
laws, rules,
and
regulations shall
(e) The President cannot
set
aside
the
Congress'
revocation
of the concurrence of Congress, and it
is
a public act
of
which
be
granted by the
President without
the
favorable recommendation
hisproclamationorsuspension. thecourtsshouldtakejudicialnotice.
oftheCommission.
(f) The President cannot, by himself, extend his
proclamation
or 2. Pardoni sgrantedtooneafterconviction;
suspension.Heshoulda sktheCongress'approval. while amnesty is granted to classes of persons or
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communities who may be guilty of political offenses, may apply for reappointment to the Office which was forfeited by intended public uses to private and personal use and gain, under
generally before or after the institution of the criminal reason of her conviction. And in
considering her
qualifications and Article 315
in
relation to
Article 171 of the RPC. Article 315 is found
prosecutionandsometimesafterconviction. suitability for
the
public
post,
the facts constituting her offense must in Title 10, Chapter 6, of that Code which defines Crimes against
3. Pardon looks forward and relieves the offender from the be and should be evaluated and taken into account to determine Property. The estafa was committed through the falsification of
consequences of
an offense of
which he has been convicted, ultimately whether she can once again be entrusted with public documents described in
Article 171, entitled "Falsification by Public
that
is,
it
abolishes or
forgives the
punishment, and for that funds. Stated differently, the pardon granted to petitioner has resulted Officer, Employee or Notary or Ecclessiastical Minister '' found in
reason it
does "nor work the restoration of the rights to hold in removing her disqualification from holding public employment Title 4, entitled Crimes Against Public Interest, of the RPC. Clearly,
public office, or the right of suffrage, unless such rights be but it
cannot go
beyond that. To regain her
former post
as
assistant petitioners fall under Section 2(a) as
persons expressly disqualified
expressly restored by the
terms of
the pardon," and it "in no city treasurer, she must reapply and undergo the usual procedure from amnesty under P.D. 1182, as amended. Petitioners' applications
case exempts the culprit from the payment of the civil requiredforanewappointment. for amnesty were also filed way beyond the time limit established
indemnityimposeduponhimbythesentence". under P.D.
1182, as amended, since petitioners were convicted by the
Risos-Vidalv.COMELEC2015EnBanc Sandiganbayan on 15
July 1981;
their applications for
amnesty were
While amnesty looks backward and abolishes and puts into filedonlyin1984.
oblivion the offense with which he is charged that the Former President Estrada was
granted an absolute pardon that fully
person released
by
amnesty stands
before the
law precisely restored all
his civil and political rights, which naturally includes the Diplomaticpower
asthoughhehadcommittednooffense. right
to
seek public elective office, the focal point of this controversy.
Sec 21. No treaty or international agreement shall be valid and
The wording of the pardon extended to former President Estrada
is
Verav.People complete,unambiguous,andunqualified. effective unless concurred in by at least two-thirds of all the
MembersoftheSenate.
Whether or
not a person invoking the benefit of amnesty should The only instances in which the President may not extend pardon
first admit having committed the crime of which they were remaintobein: Bayanv.ZamorareVFA
accused. (1) impeachmentcases; Section 21, Article VII deals with treatise or international
It is rank inconsistency for appellant to justify an act, or seek (2) casesthathavenotyetresultedinafinalconviction;and agreements in general. This provision lays
down general
the rule
forgiveness for an act which, according to him, he has not committed. on treatise or international agreements and
applies to
any
form
(3) cases involving violations of election laws, r ules and
Amnesty presupposes the commission of a crime, and when an of treaty with a wide variety of subject matter, such as, but not
regulations in which there was no f avorable
accused maintains that he has not committed a crime, he cannot have limited to,
extradition or
tax
treatise or those economic in nature. All
recommendationcomingfromtheCOMELEC.
any use for amnesty. Where an amnesty proclamation imposes treaties or international agreements entered into
by
the Philippines,
certain conditions, as in
this case,
it
is
incumbent upon
the
accused Therefore, it
can be
argued that
any
act of Congress by way of statute regardless of subject matter, coverage, or particular designation or
to prove the
existence of
such conditions. The invocation of amnesty cannot operate to
delimit the pardoning power of
the
President. The appellation, requires the concurrence of the Senate to be valid and
is in
the nature of
a.
plea of
confession and
avoidance, which means foregoing pronouncements solidify the thesis that Articles 36
and effective.
that the pleader admits the allegations against him but disclaims 41 of
the
RPC cannot, in any way,
serve to
abridge or
diminish
liability therefor on account of intervening facts which, if proved, the exclusive power and prerogative of the President to pardon In contrast, Section 25, Article XVIII is a special provision that
would bring the crime charged within the scope of the amnesty personsconvictedofviolatingpenalstatutes.. applies to treaties which involve the presence of foreign military
proclamation.(s upersedingBarrioquinto) bases,troopsorfacilitiesinthePhilippines.
Whomayavailofamnesty
Section 25, Article
XVIII
disallows
foreign military
bases,
troops,
or
EffectofPardon
facilities in the country, unless the following conditions are
Macaga-anv.People
Monsantov.Factoran sufficientlymet,v iz:
As pointed out by the Sandiganbayan, under the very legislation
(a) itmustbeunderatreaty;
The absolute disqualification or ineligibility from public office forms authorizing the
amnesty, (a) The
crimes
to
be
amnestied must have
part of the punishment prescribed by the RPC for estafa thru been for violations of subversion laws or those defined and (b) the treaty must be duly concurred in
by
the Senate and,
falsification of
public documents. It is clear from the authorities that proscribedundercrimesagainstpublicorderundertheRPC. when so required by congress, ratified
by
a majority
of
the
when her guilt and punishment were expunged by her pardon, this votescastbythepeopleinanationalreferendum;and
In the instant case,
the
petitioners
were
charged
with and
convicted
particular disability was likewise removed. Henceforth, petitioner (c) recognizedasatreatybytheothercontractingstate.
of defrauding the Republic by diverting public funds from their
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Pimentel,Jr.v.Aguirre
Vetopowers
The phrase "recognized as a treaty" means that the other
contracting party
accepts
or
acknowledges the
agreement as
a Sec
27. Every bill passed by the Congress shall, before it becomes a
The Constitution vests the President with the
power of
supervision,
treaty. law,
be presented to
the
President. If he
approves the same he shall
not control, over LGUs. Such power enables him to see to it that LGUs
Moreover, it is inconsequential whether the United States treats the and their
officials execute their
tasks in accordance with law. While sign it; otherwise, he shall veto it and return the same with his
VFA only as
an executive agreement because, under international law, he may issue advisories and seek their cooperation in solving objections to the House where it originated, which shall enter the
an
executive agreement is as binding as a treaty. To be sure, as long as economic difficulties, he
cannot prevent them from performing their objections at large in its Journal and proceed to reconsider it. If,
the
VFA possesses the
elements
of
an
agreement under international tasks and using available resources to achieve their
goals. He may after such reconsideration, two-thirds of all
the Members of
such
law,thesaidagreementistobetakenequallyasatreaty. not withhold or
alter
any authority or power given them by
the
law. House shall
agree to
pass
the
bill, it shall be sent, together with the
Thus, the withholding of a portion of internal revenue allotments objections, to the other House by which it shall likewise be
In our jurisdiction, the power to ratify is vested in the
legallyduethemcannotbedirectedbyadministrativefiat.
President and not, as commonly believed, in the legislature. reconsidered, and
if
approved by
two-thirds of
all the Members of
The role of the Senate is
limited
only
to
giving
or
withholding Section 4 of AO 372 cannot be upheld. A basic feature of
local that House, it shall become a law. xxxx The President shall
itsconsent,orconcurrence,totheratification. fiscal autonomy is the automatic release of the shares of
LGUs communicate his veto of any bill to
the House where it
originated
in
the National internal revenue. This is mandated by no less than within thirty days after the date of receipt thereof, otherwise, it
Pimentelv.ExecutiveSecretary the Constitution. The Local Government Code specifies further that shallbecomealawasifhehadsignedit.
the release shall be made directly to
the LGU concerned within five
The usual steps in the treaty-making process are: negotiation,
(5) days after every quarter of the year and “shall not
be subject to Item-veto. The President shall have the power to veto any
signature, ratification, and exchange of the instruments of
ratification. The treaty may then
be
submitted for
registration and any lien or holdback that may be imposed by the national particular item or items in an appropriation, revenue, or tariff
publication under the U.N. Charter, although this step is not essential government for whatever purpose.” As a rule, the
term “SHALL” is a bill,
but
the
veto
shall
not affect the item or items to which he does
tothevalidityoftheagreementasbetweentheparties. word of command that must be given a compulsory meaning. The notobject.
The signature is primarily intended as a means of authenticating the provisionis,therefore,I MPERATIVE.
BolinaoElectronicsv.Valencia
instrument and as a symbol of the good faith of the parties. It is
usually performed by the state's authorized representative in the Delegatedpowers Under the Constitution, the President has the power to veto any
diplomatic mission. Ratification, on the other hand, is
the
formal (1) TariffpowersunderSection28(2)ofArticleVI; particular item or items of an appropriation bill. However, when a
act by which
a state confirms and
accepts the
provisions of
a treaty provision of an appropriation bill affects one or more items of
the
concluded by its representative. It is generally held to be an (2) EmergencypowersunderSection23(2)ofArticleVI; same, the President cannot veto the provision without at the same
executive act, undertaken by the head of the state or of the Residualpowers timevetoingtheparticularitemoritemstowhichitrelates.
government. Whether the
President
may legally
veto
a condition attached to
Marcosv.ManglapusD
ecisionandR
esolution
Although the
refusal of a state to ratify a treaty which has been signed anappropriationoritemintheappropriationbill.
in its behalf is a serious step that
should not
be
taken
lightly,
such Admittedly, service and protection of the people, the
maintenance of
It was already declared that such action by the Chief
Executive was
decision is within the competence of the President alone, which peace and order, the protection of life liberty and property,
and
the
illegal. This ruling, that the executive's veto power does not carry
cannotbeencroachedbythisCourtviaawritofmandamus. promotion of the general welfare are essentially ideals to guide
with it the power to strike out conditions or restrictions,
has
been
governmentalaction.
adhered to in subsequent cases. If the veto is unconstitutional, it
Powersrelativetoappropriationmeasures
The power
involved is
the President's residual power to protect follows that the same produced no effect whatsoever, and the
Section 22. The President shall submit to the Congress, within the general welfare of
the people. It is founded on the duty of the restriction imposed by the appropriation bill, therefore,
thirty days from the opening of every regular session as the basis of President, as steward of the people. It is a power borne by the remains.
the general appropriations bill, a budget of expenditures and President's duty to
preserve and
defend the Constitution. It also may
sources of
financing, including receipts from existing and proposed be
viewed as a power implicit in the President's duty to take care that Gonzalesv.Macaraig
thelawsarefaithfullyexecuted.
revenuemeasures. Paragraph (1) of Sec 27 refers to the general veto power of the
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President and if
exercised
would
result
in
the
veto
of
the
entire
bill, are intended to amend other laws, because clearly these kinds of laws Modernization Fund for payment of the trainer planes
and armored
asageneralrule. have no
place
in
an
appropriations bill.
These
are
matters
of general personnel carriers, which have been contracted for by the AFP, is
legislationmoreappropriatelydealtwithinseparateenactments. violative
of
the Constitutional prohibition on the passage of laws that
Paragraph (2) is what is referred to as the item-veto power or
the
impair
the
obligation of
contracts
(Art
III
Sec 10), more so, contracts
line-veto power. It allows the exercise of
the veto
over a particular The President vetoed the entire paragraph one of the Special
enteredintobytheGovernmentitself.
item or items in an appropriation, revenue, or tariff bill. As specified, Provision of
the
item on
debt service, including the provisos that the
the President may not veto less than all of an item of an appropriation authorized in said
item "shall be used for
payment of Veto of provision on use of savings to augment AFP pension
Appropriations Bill. In other words, the power given the executive to the principal and interest of
foreign and domestic indebtedness" and funds.
disapprove any item or items in an Appropriations Bill does not grant that "in
no case shall this fund be used to pay for the liabilities of the
The Special
Provision, which allows the
Chief
of
Staff
to
use savings
the authority to
veto a part
of
an item
and to approve the remaining Central Bank Board of Liquidators." These provisos are germane to
to augment the pension fund
for
the
AFP being
managed by
the
AFP
portionofthesameitem. and have a direct connection with the item on debt service. Inherent
Retirement and Separation Benefits System is violative of Sections
in the power of appropriation is the power to
specify how the
The terms
item and
provision in
budgetary legislation and practice 25(5)and29(1)oftheArticleVIoftheConstitution.
money shall be spent. The said provisos, being appropriate
are concededly different. An item in
a bill
refers to the
particulars,
provisions, cannot be vetoed separately. Hence, the item veto of ConditiononthedeactivationoftheCAFGU
the details, the
distinct and
severable parts x x x of
the bill. It
is
an
saidprovisionsisvoid.
indivisiblesumofmoneydedicatedtoastatedpurpose. The President declared
in his Veto Message that
the
implementation
Vetoofprovisiononratioforroadmaintenance of
this
Special
Provision to the item on the CAFGU shall be subject to
But even assuming arguendo that provisions are beyond the
prior Presidential approval pursuant to P.D. No. 1597 and R.A. No.
executive power to veto, we are of the opinion that Section 55 (FY '89) The Special Provision in question is not
an inappropriate provision
6758.
and Section 16
(FY '90)
are
not provisions in the
budgetary sense of which can
be the
subject
of
a veto. It is not alien to the appropriation
the term. Explicit is the requirement that a provision in the for
road maintenance, and on the other hand, it specifies how the said ⭐This is the first case before this Court where the power of
Appropriations Bill should relate specifically to some item shall be expended — 70% by administrative and 30% by the President to impound is
put issue. Impoundment refers
in
"particular appropriation" therein. The challenged "provisions" contract. to a refusal by the President, for whatever reason, to spend funds
fall
short
of
this
requirement. Consequently, Section 55
(FY
'89)
and made available by Congress. It is the failure to spend or obligate
The 1987 Constitution allows the addition by Congress of special
Section 16 (FY ‘90), although labelled as "provisions," are actually budgetauthorityofanytype.
provisions, conditions to
items in
an
expenditure bill,
which cannot
inappropriate provisions that should
be treated as items for the
be vetoed separately from the items to
which they relate so
long as Such intention must be embodied and manifested in another law
purposeofthePresident'svetopower.
they are
"appropriate" in the budgetary sense (Art VII, Sec 25[2]). The considering that it abrades the powers of the Commander-in-Chief
Restrictions or conditions in an Appropriations Bill must exhibit a veto of the second paragraph of Special Provision No. 2 of
the item and there are existing laws on the creation of the CAFGU to be
connection
with money
items in a budgetary sense in the schedule of fortheDPWHisthereforeu nconstitutional. amended. Again we state: a provision in an appropriations act
expenditures.Again,thetestisappropriateness. cannot be used to repeal or
amend other
laws, in this
case,
P.D.
VetoofprovisiononpurchaseofmedicinesbyAFP
No.1597andR.A.No.6758.
PHILCONSAv.Enriquez Being directly related
to
and inseparable from the appropriation item
on
purchases of
medicines by
the
AFP,
the
special
provision cannot D.RulesofSuccession
VetoofProvisiononDebtCeiling be vetoed by the President without also vetoing the said item
followingB olinaoElectronics. (a) Atthebeginningoftheterm
As
the
Constitution is
explicit
that
the
provision which Congress can
include in an appropriations bill must "relate specifically to some Veto
of
provision
on
prior
approval
of
Congress
for
purchase of
particular appropriation therein" and "be limited in its operation to militaryequipment Secs 7, 10. xxxx If the President-elect fails to qualify, the Vice
the appropriation to which it relates," it follows that
any provision President-elect shall
act as President
until
the
President-elect shall
Any provision blocking an administrative action in implementing a
which does
not relate
to
any
particular item, or
which extends in
its havequalified.
law or requiring legislative approval of executive acts must be
operation beyond an item of appropriation, is considered "an
incorporated in a separate and substantive bill. Therefore, being
inappropriate provision" which can be vetoed separately from an If a President shall not have been
chosen,
the
Vice
President-elect
"inappropriate" provisions, Special Provisions Nos. 2 and 3 were
item. Also to be included in the category of "inappropriate shall act
as
President until
a President
shall
have
been
chosen
and
properlyvetoed.
provisions" are unconstitutional provisions and provisions which qualified.
Furthermore, Special Provision No. 3, prohibiting the use of the
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President is
unable to discharge the powers and duties of his office,
If at the beginning of
the
term
of
the
President,
the
President-elect the
Congress shall decide the issue.
For that
purpose, the Congress
A.Concepts
shall have died or shall have become permanently disabled, the shall convene, if it is not in session, within forty-eight hours, in Judicialpower
VicePresident-electshallbecomePresident. accordancewithitsrulesandwithoutneedofcall. The judicial power shall be vested in one Supreme Court and in
Where no President and Vice-President shall have been chosen or If the Congress, within ten days after receipt of the last written suchlowercourtsasmaybeestablishedbylaw.
shall have qualified, or where both shall have died or become declaration, or, if not in session, within twelve days after it is Judicial power includes the duty of the courts of
justice
to
settle
permanently disabled, the President of
the
Senate
or,
in
case
of
his required to
assemble, determines by a two-thirds vote of both actual controversies involving rights which are legally
inability, the Speaker of the House
of
Representatives, shall
act
as Houses, voting separately, that the President is unable to demandableandenforceablexxx
President until a President or a Vice-President shall have been discharge the powers and duties of his office, the Vice-President
Judicialreview
chosenandqualified. shall act as President; otherwise, the President shall continue
exercisingthepowersanddutiesofhisoffice. and to determine whether or not there has been a grave abuse
(b) Duringtheterm
of
discretion amounting to lack or excess of jurisdiction on the
VII.JUDICIALDEPARTMENT partofanybranchorinstrumentalityoftheGovernment.
Secs 8, 10. In case of death, permanent disability, removal from
Requisites
office, or resignation of the President, the Vice-President shall A.Concepts
become the President to serve
the
unexpired term. In case of death, Judicialpower 1. An actual case or controversy calling for
the
exercise
of
permanent disability, removal from office, or resignation of both judicialpower;(R
ipeness)
Judicialreview
the President and Vice-President, the President of
the Senate or,
in 2. The person challenging the act must have "standing" to
case of his inability, the Speaker of the House
of
Representatives, Requisites challenge; he must have a personal
and substantial interest in
shall then act as President until the President or Vice-President the case such that he has sustained, or will sustain, direct
Operativefactdoctrine
shallhavebeenelectedandqualified. injuryasaresultofitsenforcement;(L ocusstandi)
Politicalquestiondoctrine
3. The
question
of constitutionality must be raised at the earliest
(c) TemporaryDisability B.Judicialindependenceandautonomy possibleopportunity;and
Sec 11.
Whenever the
President transmits to
the
President of
the 4. The of constitutionality must be the very lis mota of the
issue
C.Appointmentstothejudiciary
Senate and
the
Speaker his
written declaration that
he
is unable to case.
discharge the powers and duties of his office, and until he Qualificationsofmembersofthejudiciary
Ripeness
transmits to them a written declaration to the contrary, such powers JudicialandBarCouncil
and duties shall be discharged by the Vice-President as Acting Tan v. Macapagal held that for a case to be considered ripe for
Composition adjudication, "it is a prerequisite
that something had
by
then
been
President.
accomplished or performed by either branch before a court may
Powers
Whenever a majority of all the Members of the Cabinet transmit comeintothepicture."
to the President of the Senate and to the Speaker their written D.TheSupremeCourt KilusangMayoUnov.AquinoIII2
019LeonenEnBanc
declaration that
the President is unable to discharge the powers and Composition
duties of his office, the Vice-President shall immediately assume Most important in this list of requisites is the existence of an
thepowersanddutiesoftheofficeasActingPresident. Powersandfunctions ⭐actual case or controversy. In every exercise of judicial
power, whether in the traditional or expanded sense, this is an
Thereafter, when the President transmits his written declaration
absolutenecessity.
that no
inability
exists,
he shall reassume the powers and duties of
There
is
an
actual
case
or
controversy if
there
is
a "conflict
of legal
his office.
Meanwhile, should a majority of
all
the
Members of
the
right, an opposite legal claims susceptible to judicial
Cabinet transmit within five
days their
written declaration that
the resolution." A petitioner bringing a case before this Court must
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establish that there is a legally demandable and enforceable (8) whenitwouldamounttoan
ullificationofaclaim, LocusStandi
rightundertheConstitution.Theremustbe
(9) when the subject matter is a private land in land case or
legal
standing has
been defined as a personal and substantial
1. arealandsubstantialcontroversy, proceedings, interest in the
case such that
the party has
sustained or
will
2. with definite and concrete issues involving the legal sustain direct injury as
a result of
the governmental act that
(10) when the rule does not provide a plain, speedy and
relationsoftheparties,and isbeingchallenged.
adequateremedy,
3. admittingofspecificreliefthatcourtscangrant. (11) when there are circumstances indicating the urgency of Taxpayers, voters, concerned citizens, and legislators may be
judicialintervention, accorded standing
to
sue,
provided
that the following requirements
Moreover, an actual case or controversy requires that the right must aremet:
be enforceable and legally demandable. A complaining party's (12) whenn
oadministrativereviewisprovidedbylaw,
right is,
thus, affected
by
the
rest of the requirements for the exercise (13) wheretheruleofq
ualifiedpoliticalagencyapplies,and (1) casesinvolveconstitutionalissues;
ofjudicialpower. (2) for taxpayers, there must be a claim of illegal
(14) when the issue of non-exhaustion of administrative
A case is ripe for adjudication when the challenged remedieshasbeenrenderedm oot. disbursement of public funds or that the tax measure is
governmental act is a completed action such that there is a direct, unconstitutional;
Notably, petitioners failed to abide by the principle of primary
concrete, and adverse effect on the petitioner. In connection with acts
administrative jurisdiction. This principle states that courts voters, there
(3) for must be a showing of obvious interest in
of
administrative agencies, ripeness is
ensured
under the
doctrine of thevalidityoftheelectionlawinquestion;
cannot or will not determine a controversy involving a question
exhaustion of
administrative remedies. One other concept pertaining
which is within the jurisdiction of
the
administrative tribunal prior (4) for concerned citizens, there must be a showing that
to judicial review is intrinsically connected to it: the concept of a
to the resolution of that question by the administrative tribunal, the issues raised are of transcendental importance
casebeingmootandacademic.
where the question demands the exercise of sound administrative whichmustbesettledearly;and
Both these concepts relate to the timing of the presentation of a discretion requiring the special knowledge, experience and
services
(5) for legislators, there
must
be
a claim
that
the
official
action
controversy before the Court — ripeness relates to its prematurity, of the administrative tribunal to determine technical and intricate
complainedofinfringesupontheirprerogativesaslegislators.
while
mootness relates to a
belated
or
unnecessary judgment on
the matters of fact. Under the doctrine of primary administrative
issues. The Court cannot preempt the actions of the parties, and jurisdiction, petitioners should have first filed their case before ⭐ProvincialBusOperatorsAssociationofthePhilippinesv.DOLE
neither should it, as a rule, render judgment after the issue has respondentSocialSecurityCommission.
2018LeonenEnBanc
alreadybeenresolvedbyorthroughexternaldevelopments.
As mootness, Courts
for cannot render judgment after the issue has
However, the principle of
exhaustion
of
administrative
remedies ExpandedDiscussiononStanding
already been resolved by or through external developments.
isnotanironcladrule.Itm
aybedisregarded However,Courtswilldecidecases,otherwisemootandacademic,if: Legal standing or locus standi is
the
"right
of
appearance in
a court
of justice on a given question." To possess legal standing, parties
(1) whenthereisav
iolationofdueprocess, 1. thereisag
raveviolationoftheConstitution;
must show "a
personal and
substantial interest in
the
case such that
(2) whentheissueinvolvedispurelyalegalquestion, 2. the exceptional character of the situation and the they have sustained or will sustain direct injury as a result of the
(3) when the administrative action is patently illegal paramountpublicinterestisinvolved; governmentalactthatisbeingchallenged."
amountingtolackorexcessofjurisdiction, 3. when constitutional issue raised requires formulation of Standing in private suits requires that actions be prosecuted or
(4) when there is estoppel on the part of the administrative controlling principles to guide
the
bench,
the
bar,
and
the defended in the name of the real party-in-interest. Whether a
agencyconcerned, public;and suit is
public or private,
the
parties
must have "a present substantial
(5) whenthereisi rreparableinjury, 4. thecaseiscapableofrepetitionyetevadingreview. interest,'' not
a "mere expectancy or a future, contingent, subordinate,
or consequential interest." Those who bring the suit must possess
(6) when the
respondent is
a department secretary whose acts Three (3)
circumstances must
be
present before
this Court
may
rule
theirownrighttothereliefsought.
as an alter ego of the President bears the implied and on a moot issue.
There
must
be
an
issue
raising a grave
violation
assumedapprovalofthelatter, of the Constitution, involving an exceptional situation of Another exception is
the
concept third-party
of standing. Under
paramount public interest that is capable of repetition yet this concept, actions may be brought on behalf of third parties
(7) when to require exhaustion of administrative remedies
evadingreview. providedthefollowingcriteriaaremet:
wouldbeu nreasonable,
1. first, the party bringing suit must have suffered an
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'injury-in-fact,' thus giving him or her a sufficiently Operativefactdoctrine political questions." From this clarification it is gathered
that
there
concreteinterest'intheoutcomeoftheissueindispute; LeagueofCitiesv.Comelec2
010Resolution aretwospeciesofpoliticalquestions:
2. second, the party must have a close relation to the third (1) "trulypoliticalquestions"and
party;and Under the operative fact doctrine, the law is recognized as
(2) thosewhich"arenottrulypoliticalquestions."
unconstitutional but the effects of the
unconstitutional law,
prior
to
3. third, there
must
exist
some hindrance
to
the third party's Truly political questions are thus beyond judicial review, the
its declaration of nullity, may be left undisturbed as a matter of
abilitytoprotecthisorherowninterests. reason for respect of the doctrine of separation of powers to be
equity and fair play. In fact, the invocation of the operative fact
The concept was first
introduced in
our
jurisdiction in
White Light doctrineisanadmissionthatthelawisunconstitutional. maintained. On the
other hand,
by
virtue of
Section
1,
Article
VIII
of
Corp. et al. v. City of Manila. Based on third-party standing, this the Constitution, courts can review questions which are not truly
Court allowed the hotel and motel operators to sue on behalf of their The operative fact doctrine is
a rule
of equity. As such,
it
must be politicalinnature.
clients. According to this Court, hotel and motel operators have a applied as an exception to the general rule that an
unconstitutional
law produces no effects. It can never be invoked to validate as In our jurisdiction, the determination of a truly political question
close relation to their customers as they "rely on the patronage of
constitutional an unconstitutional act.
In
Planters Products, Inc.
v. from a non-justiciable political question lies in the answer to the
their customers for their continued viability."
Preventing customers
from availing of short-time rates would clearly injure the business FertiphilCorporation,theCourtstated: question of whether there are constitutionally imposed
interestsofhotelandmoteloperators. The general rule is that an unconstitutional law is void. It
limits on powers or functions conferred upon political
In some circumstances similar to those in White Light, the third produces no rights, imposes no duties and affords no
protection. It bodies. If there are, then our courts are duty-bound to examine
parties represented by the petitioner would have special and has no legal effect. It is, in legal contemplation, inoperative as if it has whether the branch or instrumentality of the government properly
legitimate reasons why they may not bring the action themselves. not been passed. The doctrine of operative fact, as
an
exception to actedwithinsuchlimits.
Understandably, the cost to patrons in the White Light case to the general rule, only applies as a matter of equity and fair
play.
It
bring the action themselves—i.e., the amount they would pay nullifies the
effects of an unconstitutional law by recognizing that the Estradav.Arroyo
for the lease of the motels—will be too small compared with existence of a statute prior to
a determination of
unconstitutionality
the cost of
the
suit. But
viewed in another way, whoever among the is
an operative fact and may have consequences which cannot always The legal distinction between EDSA People Power I and EDSA
patrons files the case even for its transcendental interest endows be ignored. The past cannot always be erased by a new judicial People Power II
is
clear. EDSA I involves the exercise of the
people
benefits on a substantial number of interested parties without declaration. power of revolution which overthrew the whole government.
recovering their
costs. This is the free rider problem in economics. EDSA II
is an exercise of people power of
freedom of speech and
The doctrine
is
applicable
when
a declaration
of
unconstitutionality freedom of assembly to petition the government for redress of
It is a negative externality which operates as a disincentive
to
sue will impose an undue
burden
on those
who have
relied
on
the
andassertatranscendentalright. grievances which only affected the office of the President. EDSA
invalidlaw. I
is
extra constitutionaland the legitimacy of the new government
Astoactualcontroversy that resulted from it cannot be the subject of judicial review, but
Politicalquestiondoctrine
In
addition to an actual controversy, special reasons to represent, and EDSA II is intra constitutional and the resignation of the sitting
disincentives for
the
injured
party
to
bring the suit themselves, there ⭐Franciscov.HouseofRepresentatives President that it caused and the succession of the Vice President as
mustbeashowingofthetranscendentnatureoftherightinvolved. President are subject to
judicial review. EDSA I presented political
The term “political question” refers to "those questions which, question; EDSA II involves legal questions. A brief discourse on
Only constitutional rights shared by many and requiring a
under the Constitution, are to be decided by the people in their freedom of speech and of the freedom of assembly to petition the
grounded level
of
urgency can
be
transcendent. This
Court
is
not
a
sovereign capacity,
or
in
regard
to
which full discretionary authority government for redress of grievance which are the cutting edge of
forum to appeal political
and
policy choices
made by
the
Executive,
has been delegated to the Legislature or executive branch of the EDSAPeoplePowerIIi snotinappropriate.
Legislative,andotherconstitutionalagenciesandorgans.
Government." It is concerned with issues dependent upon the
wisdom,notlegality,ofaparticularmeasure. Needless to state, the cases at bar pose LEGAL and not political
LisMota
questions. The principal issues for resolution require the proper
Judicial power is not only a power; it is also a DUTY, a duty interpretation of
certain provisions in the 1987 Constitution, notably
It
is
a well-settled maxim of adjudication that an issue assailing the
constitutionality of a governmental act should be avoided whenever which cannot be
abdicated by the mere specter of this creature called section 1 of
Article II,
and section 8 of
Article VII,
and the allocation
possible. Courts
will not touch the issue of constitutionality unless thepoliticalquestiondoctrine. of governmental powers under section 11 of
Article VII.
The issues
it is truly unavoidable and is the very lis mota or c
rux of the Section 1, Article VIII was not intended to do away with "truly likewise call for
a ruling on the scope of presidential immunity from
controversy. suit. They also involve the correct calibration of the right of
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petitioneragainstprejudicialpublicity. Section 3. The Judiciary shall enjoy fiscal autonomy. Since the payment of legal fees is a vital component of the rules
Appropriations for the Judiciary may not be reduced by the promulgated by this Court concerning pleading, practice and
B.Judicialindependenceandautonomy legislature below the amount appropriated for the previous year procedure, it cannot be validly annulled, changed or modified by
To maintain the independence of the judiciary, the following and,afterapproval,shallbeautomaticallyandregularlyreleased. Congress. Viewed from this perspective, the claim of a legislative
safeguardshavebeenembodiedintheConstitution: grant
of exemption from the payment of legal fees under Section 39 of
1. The fiscal
autonomy enjoyed by the Judiciary, the CSC, the COA, RA8291necessarilyfails.
1) The Supreme Court is a constitutional body. It cannot be the
Comelec, and
the
Office
of
the Ombudsman contemplates a
abolished nor may its membership or the manner of its guarantee of full flexibility to allocate and utilize their
meetingsbechangedbymerelegislation. resources with the wisdom and dispatch that their needs
2) The members of the SC may not be removed except by require. C.Appointmentstothejudiciary
impeachment. It recognizes the power and authority to levy, assess and Sec 9. The Members of the Supreme Court and judges of lower
3) The SC may not be
deprived
of
its
minimum
original
and collect fees,
fix rates of compensation not exceeding the highest courts shall be appointed by the President from a list
of
at
least
appellatejurisdiction. rates authorized by
law for
compensation and
pay plans of the three nominees preferred by the Judicial and Bar Council for every
government and allocate and disburse such sums as may be vacancy.Suchappointmentsn eednoconfirmation.
4) The appellate jurisdiction of the SC
may
not
be
increased
provided by law or prescribed by them in the course of the For the lower courts, the President shall issue the appointment
bylawwithoutitsadviceandconcurrence.
dischargeoftheirfunctions. withinninetydaysfromthesubmissionofthelist.
5) Appointees to
the
judiciary
are
now
nominated by
the
JBC
Fiscal autonomy means freedom from outside control. Qualificationsofmembersofthejudiciary
andnolongersubjecttoconfirmationbytheCA.
(Bengzonv.Drilon)
6) The
SC
now
has
administrative
supervision
over
all lower Sec 7. No person shall be appointed Member of the Supreme
2. Any law
which provides for an exemption from said fees would Court or any
lower
collegiate court
unless
he
is
a natural-born
courtsandtheirpersonnel.
be
constitutionally infirm
for
it
impairs
the Court’s guaranteed citizenofthePhilippines.AMemberoftheSupremeCourtmustbe
7) The SC has exclusive power to discipline
judges
of
lower fiscalautonomyanderodesitsindependence.(A M12-2-03-0)
courts. 1. atleastfortyyearsofage,and
InreNPC 2. must have been for fifteen years or more, a judge of a
8) The members of
the
SC
and
all
lower
courts
have security
of tenure, which cannot be undermined by a law Since the payment of legal fees is a vital component of the
rules lower court or engaged in the practice of law in the
reorganizingthejudiciary. promulgated by this Court concerning pleading, practice and Philippines.
procedure, it cannot be validly annulled, changed or modified by The Congress shall prescribe the qualifications of
judges
of
lower
9) They shall not be designated to any agency performing
Congress.
quasi-judicialoradministrativefunctions. courts, but
no
person may be appointed judge thereof unless he is a
The separation of powers among the
three co-equal branches of
our citizenofthePhilippinesandamemberofthePhilippineBar.
10) The salaries of judges may not be reduced during their government has erected an impregnable wall
that keeps the power to
continuanceinoffice. A Member of the Judiciary must be a person of proven
promulgate rules of
pleading, practice and
procedure within
the sole
province of this Court. The other branches trespass upon this competence,integrity,probity,andindependence.
11) Thejudiciaryshallenjoyfiscalautonomy.
prerogative if they enact laws or
issue orders that
effectively repeal, JudicialandBarCouncil
12) TheSCalonemayinitiaterulesofcourt. alter or modify any of the procedural rules promulgated by this
Court. Composition
13) OnlytheSCmayorderthetemporarydetailofjudges.
Sec 8. A Judicial and Bar Council is hereby created under the
14) The SC can appoint all officials and employees of the
ReGSIS supervisionoftheSupremeCourtcomposedof
judiciary.
May the legislature exempt
the GSIS
from
legal
fees
imposed
by
the 1. theChiefJusticea sexofficioChairman,
CourtonGOCCsandLGUs?N O. 2. theSecretaryofJustice,and
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3. arepresentativeoftheC
ongressa sexofficioMembers, duty to submit to the President the list of nominees for every vacancy treason case, is
nothing
short
of
pro
tanto
depriving
the
Court
itself
4. arepresentativeoftheI ntegratedBar, in the Judiciary, because in order to constitute unlawful neglect of of its jurisdiction as established by the fundamental law.
duty, there must
be an
unjustified delay in
performing that
duty.
For Disqualificationofajudgeisadeprivationofhisjudicialpower.
5. aprofessoroflaw, mandamus to lie against the JBC, therefore, there should be an
(b) WON a person may act as a Justice of the
Supreme
Court
who
6. aretiredM
emberoftheSupremeCourt,and unexplained delay on its part in recommending nominees to the
has not been duly appointed by the President even only as a
Judiciary,thatis,insubmittingthelisttothePresident.
7. arepresentativeofthep
rivatesector. "designee";and
The regular members of the Council shall be appointed by the Aguinaldov.AquinoIII2017EnBancre NO. The Constitution does not admit any composition of the Supreme
Court other than by the Chief Justice and Associate Justices
therein
President for a term of four years with the consent of the clusteringofnomineesbytheJBC
mentioned appointed as therein provided. And the infringement is
Commission on Appointments. Of the Members first appointed, enhanced and aggravated where a majority of the members of the
The clustering of nominees for the six vacancies in the
the representative of the Integrated Bar shall serve for
four
years, Sandiganbayan by the JBC impaired the President's power to Court—as in
this
case—are replaced by judges
of
first
instance.
It
is
the professor of law for three years, the retired Justice for two years, appoint members of
the
Judiciary
and
to
determine
the
seniority
of distinctly another SC in addition to this. And the constitution
andtherepresentativeoftheprivatesectorforoneyear. thenewly-appointedSandiganbayanAssociateJustices. provides for only ONE Supreme Court. No temporary
composition of the Supreme Court is authorized by the
Powers It
also
bears to
point out that part of the President's power to appoint constitution.
DeCastrov.JBC members of a collegiate court, such as the Sandiganbayan, is the
power to determine the seniority or order of preference of such (c) WON by the method of "designation" created by
the
aforecited
Does mandamus lie to compel the submission of the shortlist of newly appointed members by controlling the date and order of section 14 a Judge of First Instance, Judge-at-large of First
nomineesbytheJBC? issuance of said members' appointment or commission papers. By Instance, or
Cadastral Judge,
designated by
the
President under
already designating the numerical order of the vacancies, the JBC the same
section can
constitutionally "sit temporarily as Justice"
NO. Section 8(5) and Section 9, Article VIII, mandate the JBC to oftheSupremeCourtbyvirtuethereof.
would be
establishing the seniority or order of preference of the new
submit a list of at least three nominees to the President for every
Sandiganbayan Associate Justices even before their appointment by NO. We find
absolutely
nothing in
the context which may soundly be
vacancyintheJudiciary.
the President and, thus, unduly arrogating unto itself a vital
part
of construed as authorizing, merely by legislation, any change in the
However, Section 4(1) and Section 9, Article VIII, mandate the thePresident'spowerofappointment. constitutional composition of
the Supreme Court, or the performance
President to fill the vacancy in the Supreme Court within 90 days ofitsfunctionsbyanybutitsconstitutionalmembers.
from the occurrence of the vacancy, and within 90 days from the D.TheSupremeCourt
submission of the list, in the
case of
the lower courts. The
90-day
period is
directed at the
President, not at
the
JBC. Thus, the JBC
Composition USv.Limsiongco
should start the process of selecting the candidates to fill the vacancy Sec 4.
The
Supreme Court shall
be
composed of a Chief Justice and Appellant's motion is based on the
ground
that the
instant decision
intheSupremeCourtb eforet heoccurrenceofthevacancy. fourteen Associate Justices. It may sit en banc or in its discretion, in was rendered by a division of the court and not by the body
Under the Constitution, it
is
mandatory for the JBC to
submit to the division of three, five, or seven Members. Any vacancy shall be constituted by law for the purpose, and hence the decision as
President the list
of
nominees to
fill
a vacancy in
the Supreme Court filledwithinninetydaysfromtheoccurrencethereof.xxxx rendered, was rendered by a body outside the law and having no
in order to enable the President to appoint one of
them within the power, authority or jurisdiction to render a final decision in the
Vargasv.Rilloraza controversy.
90-day period from the occurrence of the vacancy. The JBC
has
no discretion to submit the list to the President after the vacancy (a) WON Congress
had power to
add to
the
pre-existing
grounds
of There is
but
one Supreme Court. It is the jurisdiction of this Supreme
occurs, because that shortens the 90-day period allowed by the disqualificationofaJusticeoftheSupremeCourt; Court which cannot be
diminished. The Supreme Court remains a
ConstitutionforthePresidenttomaketheappointment. unit notwithstanding it works in
divisions. Although it may have
NO. If, according to the Constitution, "the Supreme Court shall be
The duty of the JBC to submit a list of nominees before the start of the composed" of the Chief Justice and Associate Justices therein referred two divisions, it
is
but
a single court. Actions considered in any one
President's mandatory 90-day period to appoint is
ministerial, but to, its jurisdiction can
only
be exercised
by
it
as
thus
composed. To of these divisions and decisions rendered therein are, in effect,
by
its selection of the candidates whose names will
be in the list
to
be disqualify any of these constitutional component members of the the same Tribunal. The two divisions of this court are not to be
submitted to
the President lies
within the discretion of the JBC. The Court—particularly, as in the instant case, a majority of
them—in a considered as two separate and distinct courts but as divisions of
object of
the petitions for
mandamus herein should only refer
to
the oneandthesamecourt.
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procedure of special
courts
and
quasi-judicial
bodies
shall
remain
that will preserve the subject of the action,
and
to
give
effect
to
the
The constitution of divisions has been permitted for convenience effectiveunlessdisapprovedbytheSupremeCourt. finaldeterminationoftheappeal.
and the prompt dispatch of business. The provision in
no
way
6. Appoint all officials and employees of the Judiciary in
involvesthequestionofjurisdiction. The Court rules that when Congress passed the first paragraph of
accordancewiththeCivilServiceLaw. Section 14,
RA 6770 and, in so doing, took away from the courts their
Powersandfunctions power to issue a TRO and/or WPI to enjoin an investigation
People v. Mateo re intermediate review of the CA of cases requiring conducted by the Ombudsman, it encroached upon this Court's
1. Exercise original jurisdiction over cases affecting ambassadors, automaticreviewbytheSC
constitutional rule-making authority. Clearly, these issuances,
other public ministers and consuls, and over petitions for which are, by nature, provisional reliefs and
auxiliary writs
created
certiorari, prohibition, mandamus, quo warranto, and habeas While the Fundamental Law requires a mandatory review by the
under the provisions of the Rules of Court, are matters of
Supreme Court of cases where the penalty imposed is reclusion
corpus. procedure which belong exclusively within the
province of this
perpetua, life imprisonment, or death, nowhere, however, has it
Court.
2. Review, revise, reverse, modify, or affirm on appeal or proscribed an intermediate review. If only to ensure utmost
certiorari, as the law or the Rules of Court may provide, final circumspection before
the penalty of death, reclusion perpetua or life
imprisonment i
s
i
mposed, the Court now deems it wise and Estipona,Jr.v.Lobrigo2017EnBancrePlea-bargaining
judgmentsandordersoflowercourtsin:
compelling to provide in these cases a review by the Court of Appeals
a. All cases in which the constitutionality or validity of any The SC
has
rejected previous
attempts
on
the
part of the Congress, in
beforethecaseiselevatedtotheSupremeCourt.
treaty, international or executive agreement, law, presidential the exercise of its
legislative
power,
to
amend the Rules of
Court,
to
Under the Constitution, the power to amend rules of procedure is wit:
decree, proclamation, order, instruction, ordinance, or
constitutionally vested in the Supreme Court. Procedural matters, 1. Fabian v. Desierto — Appeal from the decision of the Office
regulationisinquestion. first and foremost, fall more squarely within the rule-making of the Ombudsman in an administrative disciplinary case
b. All
cases involving
the
legality
of
any tax, impost, assessment, prerogative of the Supreme Court than the law-making power of should be
taken
to
the CA under the provisions of Rule 43 of
ortoll,oranypenaltyimposedinrelationthereto. Congress. The rule here announced additionally allowing an the Rules instead of appeal by certiorari under Rule 45 as
intermediate review by the
Court
of
Appeals,
a subordinate appellate providedinSection27ofR.A.No.6770.
c. All cases in which the jurisdiction of any lower court is in court,
before
the case is
elevated
to
the
Supreme Court
on
automatic
issue. review,issuchaproceduralmatter. 2. Cathay Metal Corporation v. Laguna West
Multi-Purpose Cooperative, Inc. — The Cooperative Code
d. All criminal cases in which the penalty imposed
is
reclusion provisions
on
notices cannot replace
the rules on summons
perpetuaorhigher. Carpio-Moralesv.CA2015EnBanc underRule14oftheRules.
ontherule-makingpoweroftheSC
e. Allcasesinwhichonlyanerrororquestionoflawisinvolved. 3. RE: Petition for Recognition of the Exemption of the GSIS
While the power to
define, prescribe, and
apportion the jurisdiction from Payment of Legal Fees; BAMARVEMPCO v.
3. Assign temporarily judges of lower courts to other stations as
of the various courts is, by constitutional design, vested unto Cabato-Cortes; In Re: Exemption of the NPC from
public interest may require. Such temporary assignment shall
not Payment of Filing/Docket Fees; and Republic v. Hon.
Congress, the power to promulgate rules concerning the
exceedsixmonthswithouttheconsentofthejudgeconcerned. protection and enforcement of constitutional rights, pleading, Mangotara, et
al. — Despite statutory provisions, the GSIS,
4. Order a change of venueor
place of trial to avoid a miscarriage of practice, and
procedure in all
courts belongs exclusively to this BAMARVEMPCO, and
NPC
are
not
exempt from
the payment
Court as per Section 5 (5), Article VIII. Thus, as it now stands, oflegalfeesimposedbyRule141oftheRules.
justice.
Congress has no authority to repeal, alter, or supplement rules 4. Carpio-Morales v. CA — The
first
paragraph of
Section
14
5. Promulgate rules concerning the protection and enforcement of concerningpleading,practice,andprocedure. of
R.A.
No.
6770,
which prohibits courts except the Supreme
constitutional rights, pleading, practice, and procedure in all courts, Court from issuing
temporary
restraining order
and/or writ
The power of a court to issue provisional injunctive reliefs
the admission to the practice of law, the integrated bar, and legal of preliminary injunction to enjoin an investigation
coincides with its inherent power to issue all auxiliary writs,
assistance to the under-privileged. Such rules shall provide a processes, and other means necessary to carry its acquired conducted by the Ombudsman, Is unconstitutional as it
simplified and inexpensive procedure for the speedy disposition of jurisdiction into effect under Section 6, Rule 135 of the Rules of contravenesRule58oftheRules.
cases, shall be uniform for all
courts of
the same
grade, and
shall Court. A grant
of
appellate
jurisdiction implies that there
is included In determining whether a rule prescribed by
the
Supreme Court,
for
not diminish, increase, or modify substantive rights. Rules of in
it
the
power necessary to exercise
it effectively, to make all orders the practice
and
procedure of
the lower courts, abridges, enlarges, or
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modifies any substantive right, the test is
whether the
rule really court employee had acted within the scope of their 3) Appointment to any vacancy shall be only for the unexpired
regulates procedure, that is, the judicial process for enforcing administrativeduties. termofthepredecessor.
rights and duties recognized by substantive law and for justly
4) In no case shall any Member be appointed
or
designated
in
a
administering remedy and redress for a disregard or infraction of
them. If
the rule
takes away a vested right, it
is not procedural.
VIII.CONSTITUTIONALCOMMISSIONS temporaryoractingcapacity.
If the rule creates a right such as the right to appeal, it may be A.Commonprovisions 5) Commonqualifications.—Allmembersmustbe
classified as a substantive matter; but if it operates as a means of
B.Institutionalindependencesafeguards a) Natural-borncitizens;
implementing an existing right then the rule deals merely with
procedure. b) atleast35yearsolda tthetimeofappointmentand
C.Powersandfunctions
Plea bargaining has been defined as "a process whereby the c) must not have been candidates for any elective
D.Compositionandqualificationsofmembers
accused and the prosecution work out a mutually satisfactory position in the elections
immediately
preceding their
dispositionofthecasesubjecttocourtapproval." E.Prohibitedofficesandinterests appointment.
Section 23 of Republic Act No. 9165 is declared unconstitutional for
being contrary to the rule-making authority of the Supreme Court B.Institutionalindependencesafeguards
underSection5(5),ArticleVIII. A.Commonprovisions To
ensure
independence
of
these
bodies,
the
following guarantees
Leonen,Jconcurring Sec 1. The Constitutional Commissions, which shall be areprescribed:
The prohibition found in Section 23 is unconstitutional not only independent,are 1) Thesebodiesmaynotbeabolishedbystatute.
because it contravenes the rule-making power of this
Court,
it
also a) theCivilServiceCommission, 2) Eachofthemisexpresslydescribedasindependent.
constitutes "cruel, degrading, and inhuman" punishment for the
accused.Theaimistorehabilitate,notpunish,thosedrugoffenders. b) theCommissiononElections,and 3) Each
of
them
is
conferred
certain
powers
and
functions
which
c) theCommissiononAudit. cannotbewithdrawnorreducedbystatute.
Macedav.Vasquezresupervisionoflowercourtsandpersonnel Sec 5. The Commission shall enjoy fiscal autonomy. Their 4) The chairmen and members may not be removed
from
office
approved annual appropriations shall be automatically and exceptbyimpeachment.
Article VIII,
Section 6 of the 1987 Constitution exclusivelyvests in
the Supreme Court administrative supervision over all courts and regularlyreleased. 5) The chairmen and members are given a fairly long term of
court personnel. By virtue of
this power, it is only the Supreme Court Sec 7.
Each
Commission shall
decide
by
a majority vote of all its sevenyears.
that can oversee the judges' and court personnel's compliance with
Members, any case
or
matter
brought before it within 60 days from 6) The terms
of
office
are
staggered
in such a manner as to lessen
all laws, and take the proper administrative action against them if
theycommitanyviolationthereof. thedateofitssubmissionfordecisionorresolution. the
opportunity for
appointment of
the majority of the body by
AdditionalCommonalities thesamePresident.
Thus, the Ombudsman should first refer the matter of
petitioner's certificates of
service to
this Court for determination 1) How appointed and term of office.
— All
chairpersons and 7) The chairmen and members may not be reappointed or
of whether said certificates reflected the true status of his pending commissioners are appointed by the President with the appointedinanactingcapacity.
case load, as the Court has the necessary records to make such a 8) The
salaries
may
not
be
decreased
during
their
continuance in
consent of the Commission on Appointments for a term of
7
determination. The Ombudsman cannot compel this
Court, as one of
yearsw ithoutreappointment. office.
the three
branches of
government, to
submit its
records, or
to
allow
itspersonneltotestifyonthismatter. 2) Staggering of terms. — Of those first appointed, the 9) TheCommissionsenjoyfiscalautonomy.
In fine, where a criminal complaint against a judge or other Chairman shall hold office for seven years, a Commissioner for 10) EachCommissionmaypromulgateitsownrules.
court employee arises from their administrative duties, the five
years
(2 for Comelec), and another Commissioner for three
11) The chairmen and members are subject to certain
Ombudsman must defer
action on said complaint and refer the years(theremaining4forComelec),withoutreappointment.
same to this Court for determination whether said judge or disqualifications
and
inhibitions
calculated
to
strengthen
their
integrity.
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12) Theyareallowedtoappointtheirownofficialsandemployees. instrumentalities,includingGOCCswithoriginal constitutional commissions, after the expiration of the
charters,andonap
ost-auditbasis: uneven terms of office of the first set of commissioners,
C.Powersandfunctions shall always be for a fixed term of seven (7) years; an
1. constitutionalbodies,commissionsandoffices
thathavebeengrantedfiscalautonomyunderthis appointmentforalesserperiodisvoidandunconstitutional.
CSC AsthecentralpersonnelagencyoftheGovernment, Constitution; The appointing authority cannot validly shorten the full
shallestablishacareerserviceandadoptmeasuresto term of
seven (7)
years in case
of
the expiration
of the term
promotemorale,efficiency,integrity,responsiveness, 2. autonomousstatecollegesanduniversities;
as this will result in
the distortion of
the
rotational system
progressiveness,andcourtesyinthecivilservice.It 3. otherGOCCsandtheirsubsidiaries;and prescribedbytheConstitution.
shall 4. suchnon-governmentalentitiesreceivingsubsidy 2. Appointments to vacancies resulting from certain
causes
1. strengthenthemeritandrewardssystem, orequity,directlyorindirectly,fromorthroughthe shall only be for the unexpired portion of the term of the
2. integrateallhumanresourcesdevelopment Government,whicharerequiredbylaworthe predecessor, but such appointments cannot be less than
programsforalllevelsandranks,and grantinginstitutiontosubmittosuchauditasa the unexpired portion as this will likewise disrupt the
conditionofsubsidyorequity. staggeringofterms.
3. institutionalizeamanagementclimateconduciveto
publicaccountability. D.Compositionandqualificationsofmembers 3. Members who were appointed
for a full
term of seven years
and who served the entire period, are barred from
Comelec 1. Enforceandadministeralllawsandregulations CSC Comelec COA reappointment to any position in the Commission.
relativetotheconductofanelection,plebiscite, Corollarily,
the first appointees in the Commission under the
initiative,referendum,andrecall. 1Chair+2 1Chair+6 Constitution are also covered by the prohibition against
Composition 1Chair+2Comms
2. Exerciseexclusiveoriginaljurisdictionoverall Comms Comms reappointment.
contestsrelatingtotheelections,returns,and 4. A commissioner who resigns after serving in the
qualificationsofallelectiveregional,provincial, Term 7yearswithoutreappointment Commission for less than seven years is eligible for an
andcityofficials,andappellatejurisdictionoverall appointment to the position of Chairman for
the
unexpired
contestsinvolvingelectivemunicipalofficials CPAswithnotless portionofthetermofthedepartingchairman.
decidedbytrialcourtsofgeneraljurisdiction,or amajority than10yearsof
auditing Such appointment is not covered by the ban on
involvingelectivebarangayofficialsdecidedby thereof,
experience,OR reappointment,p rovided
trialcourtsoflimitedjurisdiction. includingthe
Chair,shallbe membersofthe a) that the aggregate
period of
the
length
of
service as
3. Decisions,finalorders,orrulingsonelection PhilippineBarwho commissioner and
the
unexpired period of the term
withproven membersof
contestsinvolvingelectivemunicipalandbarangay havebeenengaged of the predecessor will not exceed
seven (7)
years
Special capacityfor thePhilippine
officesshallbefinal,executory,andnotappealable. inthepracticeof and
qualification public Barwhohave
4. Decide,exceptthoseinvolvingtherighttovote,all administration beenengaged lawforatleast1
0 b) that the vacancy in the position of Chairman
questionsaffectingelections,including inthepractice years. resulted from death, resignation, disability or
determinationofthenumberandlocationof oflawforat Atnotimeshallall removalbyimpeachment.
pollingplaces,appointmentofelectionofficials least10 Membersbelongto The Court clarifies
that
“reappointment” found in
Sec.
1(2),
andinspectors,andregistrationofvoters. years. thesame Art. IX(D) means a movement to one and the same office. On
amongothers profession. the other hand, an appointment involving a movement to
a
different position or office would constitute a new
COA Shallhavethepower,authority,anddutytoexamine,
Funav.Villar2012EnBanc appointment and, hence, not, in the strict legal sense, a
audit,andsettleallaccountspertainingtotherevenue reappointmentbarredundertheConstitution.
andreceiptsof,andexpendituresorusesoffundsand The Court restates its ruling on Sec. 1(2), Art. IX(D) of the 5. Any member of the Commission cannot be appointed or
property,ownedorheldintrustby,orpertainingto,the Constitution,viz: designatedinatemporaryoractingcapacity.
Government,oranyofitssubdivisions,agencies,or
1. The appointment of members of any of the three
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E.Prohibitedofficesandinterests P.
Right
Against
Excessive
Fines and Cruel, Degrading, and Inhuman deserving of constitutional protection. Indeed, if we extend our
Punishments judicial gaze we will
find
that
the
right
of
privacy
is
recognized and
Sec
2. No member of a Constitutional Commission shall, during his
enshrined in
several provisions of our Constitution. Zones of privacy
tenure, Q.Non-imprisonmentforDebts
arelikewiserecognizedandprotectedinourlaws.
a) holdanyotherofficeoremployment; R.RightAgainstDoubleJeopardy The right to privacy is a fundamental right guaranteed by the
b) engageinthepracticeofanyprofessionor S.RightAgainstInvoluntaryServitude Constitution, hence,
it
is
the
burden
of
government to show that A.O.
No.
308 is
justified
by some compelling state interest and that it is
c) in the active management or control of any business T.ExpostfactolawsandBillsofAttainder narrowlydrawn.A.O.No.308ispredicatedontwoconsiderations:
which, in
any
way,
may
be
affected
by
the
functions of his
(1) the need to provide our citizens and foreigners with the
office,
facility
to
conveniently transact business with basic service
d) be financially interested, directly or indirectly, in any A.ConceptofBillofRights and social security providers and other government
contract with, or in any franchise or privilege
granted
by instrumentalitiesand
Natureofprovisions (2) the need to reduce, if not totally eradicate, fraudulent
the Government, any of its subdivisions, agencies, or
instrumentalities,includingGOCCsortheirsubsidiaries. ManilaPrinceHotelvGSIS transactions and misrepresentations by persons seeking
basicservices.
Thus, we
have treated
as
self-executing the provisions in the Bill of
Rights on
arrests, searches and seizures, the rights of a person under A.O. No.
308
falls short
of
assuring that
personal information which
IX.BILLOFRIGHTS custodial investigation, the rights of an accused, and the privilege will be gathered about our people will only be processed for
against self-incrimination. It is recognized that legislation is unequivocally specified purposes. The lack of proper safeguards
A.ConceptofBillofRights in
this regard of
A.O.
No.
308
may interfere with the individual's
unnecessary to enable courts to
effectuate constitutional provisions
B.DueProcessofLaw guaranteeing the
fundamental rights of life, liberty and the protection liberty of abode and travel by
enabling authorities to track
down
of property. The same treatment is accorded to constitutional his movement; it may also enable unscrupulous persons to access
C.EqualProtectionofLaws confidential information and circumvent the right against
provisions forbidding the taking or
damaging of
property for
public
D.RightAgainstUnreasonableSearchesandSeizures usewithoutjustcompensation. self-incrimination; it may pave the way
for "fishing expeditions" by
government authorities and evade the right against unreasonable
E.PrivacyofCommunicationsandCorrespondence Againstwhomenforceable searchesandseizures.
F.FreedomofSpeechandExpression Peoplev.Domasian The possibilities of abuse and misuse of the PRN, biometrics and
computer technology are accentuated when we consider that the
G.FreedomofReligion
The Bill of Rights cannot be invoked against acts of private individual lacks control over what can be
read or
placed on his
ID,
H.LibertyofAbodeandFreedomofMovement individuals, being directed only against the government and its much less verify
the
correctness of
the
data encoded. They threaten
law-enforcementagenciesasalimitationonofficialaction. theveryabusesthattheBillofRightsseekstoprevent.
I.EminentDomain
J.Non-impairmentofContracts Privacyandautonomy Vivaresv.STC
K.AdequateLegalAssistanceandFreeAccesstoCourts Oplev.Torres
Thethreestrandsoftherighttoprivacy,v iz:
L.RightAgainstSelf-incrimination Theessenceofprivacyisthe"righttobeletalone." 1) locational or situational privacy — refers to
the
privacy
Specific guarantees in the Bill of Rights have penumbras formed by that is felt in physical space, such as that which may be
M.RightsofPersonsUnderCustodialInvestigation
violatedbytrespassandunwarrantedsearchandseizure.;
emanations from these guarantees that help give them life and
N.RightsoftheAccused substance.Variousguaranteescreatezonesofprivacy. 2) informational privacy — usually defined as the right of
O.RighttotheSpeedyDispositionofCases individualstocontrolinformationaboutthemselves;and
The right to privacy as such is accorded recognition
3) decisional privacy — usually defined as the right of
independently of its identification with liberty; in itself, it is fully
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individuals to make certain kinds of fundamental choices (3) towidenthereachofone’scapabilities,
Notes
withrespecttotheirpersonalandreproductiveautonomy. (4) to enhance those moral and spiritual values that can make
1. There is no precise meaning as it might prove constricting and
Relationtohumanrights one’slifemoremeaningfulandrewarding.
prevent the judiciary from adjusting it to the circumstances of
Republicv.Sandiganbayan particularcases. 3. According to Imbong v Ochoa, life commences
upon
“conception,
2. It continues to be dynamic and resilient, adaptable to every thatis,uponfertilization.”
The Bill of Rights under the 1973 Constitution was not operative
during the interregnum. However, the protection accorded to situationcallingforitsapplication. 4. “Liberty is the freedom to do right and never wrong; it is ever
individuals under the Covenant and the
Declaration remained 3. It is preferred to have the meaning of the phrase “gradually guided by reason and the upright honorable conscience of the
ineffectduringtheinterregnum. individual.”
ascertained by
the
process of
inclusion
and
exclusion
in
the
course
During the interregnum, the directives and orders of the ofthedecisionsofcasesastheyarise.” 5. A person
is
free
to
do
as
he
pleases
subject
only
to
the
reasonable
revolutionary government were the supreme law because no
4. Justice Fernando describes it as
“responsiveness
to
the
supremacy restrictionsofthelaw.
constitution limited the extent and scope of such directives and
orders. With the abrogation of the 1973 Constitution by the ofreason,obediencetothedictatesofjustice.” Agcaoili,Jr.v.Fariñas2018EnBanc
successful revolution, there was no municipal law higher than the
5. Justice Frankfurter regards it as “the embodiment of the sporting
directives and
orders of
the
revolutionary government. Thus,
during In
Secretary
of
National Defense et
al.
v.
Manalo et
al.,
the Court
the interregnum, a person could not invoke any exclusionary ideaoffairplay.” explainedtheconceptofr
ighttolifeinthiswise:
right under a Bill of Rights because there was neither a 6. Due process is
a guaranty
against
any
arbitrariness
on
the
part
of
constitutionnoraBillofRightsduringtheinterregnum. While the right to life under Article III, Section 1 guarantees
thegovernment. essentially the right to be alive—upon which the enjoyment of all
Under Article 17(1) of the ICCPR, the
revolutionary government had other rights is preconditioned—the right to security of
7. Protects all persons, natural as well as artificial (juridical),
the duty to insure that "no one shall be subjected to arbitrary or person is
a guarantee of
the secure quality of this life. In a broad
unlawful interference with his privacy, family, home or citizenoralien.
sense, the right to security of person "emanates in a person's
correspondence." 8. Juridical persons are also covered but only insofar as their legal and uninterrupted enjoyment of
his life, his limbs, his body,
The Declaration, to which the Philippines is also a signatory, property is concerned. This narrower protection stems from the his health, and his
reputation. It
includes the right to
exist,
and
provides in
its Article 17(2) that "no one shall be arbitrarily deprived fact
that
they
are
only
creatures of
law,
subject
to the control of the the right to enjoyment of life while existing, and it is invaded not
of his property." Although the signatories to
the Declaration did
not only by a deprivation of life but also of
those things which are
legislature.
intend it
as
a legally binding document, being only a declaration, the necessary to the enjoyment of life according to the nature,
Court has interpreted the Declaration as part of the generally 9. To deprive is to “take away forcibly, to prevent
from
possessing, temperament,andlawfuldesiresoftheindividual."
accepted principles of international law and binding on the enjoyingorusingsomething.” right
The to
liberty, on the other hand, was defined in the City of
State. Thus, the revolutionary government was also obligated under
10. Deprivationisdenialoftherighttolife,libertyorproperty. Manila,etal.v.Hon.Laguio,Jr.,inthismanner:
international law to observe the rights of individuals under the
Declaration. As the de jure government, the revolutionary 11. It is per se
not
unconstitutional.
What
is
prohibited
is
deprivation Liberty as
guaranteed by the Constitution was defined by Justice
government could not
escape responsibility for the State's good faith Malcolm to include "the right to exist and the
right to
be
free
withoutdueprocessoflaw.
compliancewithitstreatyobligationsunderinternationallaw. from arbitrary restraint or servitude. The term cannot be
Conceptofrighttolife,libertyandproperty dwarfed into mere freedom
from physical restraint of the person
of
the citizen, but is deemed to embrace the right of man to enjoy
1. Lifeistheintegrityofthephysicalperson.
B.DueProcessofLaw the facilities with which he has been endowed by his Creator,
2. Includedthereinisthe subject only to such restraint as are
necessary for
the common
welfare."
Section
1.
No
person
shall
be
deprived
of
life,
liberty,
or
property (1) righttogivefullreintoone’sallnaturalattributes,
withoutdueprocessoflaw,xxxx. ⭐Acostav.Ochoa2019LeonenEnBanc
(2) toexpandthehorizonsofone’smind,
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employment was
considered
a violation
of
the
petitioner’s
right
to
There is no constitutional right to bear arms. Neither is the rights of notice and hearing, as well as the guarantee of being
ownership or possession of a firearm a property right. Persons heard by an impartial and competent tribunal. The essence substantivedueprocess.
intending to use a firearm can only either accept or decline the of procedural due process is embodied in the basic
government'stermsforitsuse. requirement of notice and a real opportunity to be heard. The right to preliminary investigation is substantive, not
Non-observance of these rights will invalidate the merely formal or technical. As such, to
deny petitioner's motion for
The grant of license, however, is without prejudice to the inviolability
proceedings. Individuals are entitled to be notified of any reinvestigation on the
basis
of
the
provisions of A.M. No. 11-6-10-SC
of the home. The right of the people
against unreasonable searches
pending case affecting their
interests,
and upon
notice, they would be to deprive him of the full measure of his right to due
and seizures remains paramount, and the government, in the guise of
may claim the
right
to
appear therein
and present
their side process on
purely procedural grounds. Thus, the courts a quo should
regulation, cannot conduct inspections of applicants for firearm
andtorefutethepositionoftheopposingparties. allow petitioner to be
accorded the right to submit counter-affidavits
licensesunlessarmedwithasearchwarrant.
andevidenceinapreliminaryinvestigation.
With the bearing of arms being a mere privilege granted by the Substantive
State, there could not have been a deprivation of petitioners' 1. Requires the intrinsic validity of the law in interfering with the Procedural
right to due process in requiring a license for the possession of Our S
C
h
as
h
eld that “the twin requirements of notice and hearing
rightsofthepersontohislife,libertyorproperty.
firearms. Article III, Section 1 of the Constitution is clear
that
only
constitute the essential elements of due process and neither of these
life, liberty, or property is protected by the due process 2. Inquiryiswhetheritisaproperexerciseoflegislativepower.
clause. elements can be
eliminated without running
afoul of the constitutional
3. Thelawmusthaveavalidgovernmentalobjective. guaranty.”
In Chavez, the Court held that there is no vested right in the
4. This
objective must
be
pursued in
a lawful manner. In other words, Judicial
continued ownership and possession of firearms. Like any other
license,
the
license
to
possess a firearm is "neither a property nor the means employed must be reasonably related to the Requirementsareasfollows:
a property right." As a mere "permit or privilege to do what accomplishmentofthepurposeandnotundulyoppressive. (1) There must be an impartial court or tribunal clothed with
otherwise would be
unlawful," it
does
not act
as "a contract between
5. In
Kwong
Sing
v.
City
of
Manila, an
ordinance
requiring all laundry judicialpowertohearanddeterminethematterbeforeit.
theauthoritygrantingitandthepersontowhomitisgranted."
establishments to issue their receipts in English or Spanish was (2) Jurisdiction must
be
lawfully
acquired
over
the
person
of
the
Property interests protected by the Due
Process
Clause do not
arise sustained by the Court to
protect
the
public from
deceptions and
whenever a person has only an abstract need or desire for, or defendant and
over
the
property
which
is
the
subject
matter of
misunderstandings that might arise with the receipts in Chinese theproceeding.
unilateral expectation of
a benefit.
True
property rights arise
from
legitimate claims of entitlement defined by existing rules or charactersthatmostdon’tunderstand.
(3) Thedefendantmustbegivenano
pportunitytobeheard.
understandingthatstemfromanindependentsource,suchaslaw. 6. However,
in
Yu
Cong
Eng
v.
Trinidad, a law prohibiting the keeping
(4) Judgmentmustberendereduponl awfulhearing.
Assuming, for the sake of argument, that the right to possess a of account books in any language other than English, Spanish, or
firearm was considered a property right, it is doctrine that anyotherlocaldialectwasi nvalidated. InreAbellanav.Paredes2019Division
property rights are always subject to the State's
police power,
defined as
the
"authority to
enact
legislation that may interfere with 7. The
Retail
Trade
Nationalization
Law
was
sustained inIchong
v. Jurisprudence has recognized that the writ of habeas corpus may also
personallibertyorpropertyinordertopromotethegeneralwelfare." Hernandez as
a valid
exercise
of
police
power noting that the retail be
availed
of
as a post-conviction remedy when,
as a consequence
sentence as to circumstance of a judicial proceeding, any of the
tradewasatthattimecontrolledbyaliens.
Kindsofdueprocess followingexceptionalcircumstancesisattendant:
8. Decades later, the Retail Trade Liberalization Law, RA 8762,
Palaciosv.People2019Division 1) there has been a deprivation of a constitutional right
repealing RTNL, in
Espina
v.
Zamora
sustained
such
repeal
absent resultingintherestraintofaperson;
Dueprocessi scomprisedoftwo(2)components— anyblatantviolationoftheconstitution.
2) thecourthadnojurisdictiontoimposethesentence;or
a) substantive due process which requires the intrinsic 9. In
Serrano
v.
Gallant
Maritime
Services,
Inc., a law
which provides 3) the imposed penalty has been excessive, thus voiding the
validity of the law in interfering with the rights of the person for
a 3-month cap on claims of overseas workers with an unexpired sentenceassuch excess.
tohislife,liberty,orproperty,and portion of one year or more in their contracts, but none on the Mere allegation of a violation of one's constitutional right is not
b) procedural due process which consists of the two basic claims of other overseas or local workers with fixed-term
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proceeding can know the various issues involved,
and
the
enough. The violation of constitutional right must be sufficient to Heightened Classificationbasedon Governmentalinterestis
voidtheentireproceedings.This,petitionerfailedtoshow. reasonforthedecisionrendered. or genderandlegitimacy extensivelyexamined
Angv.Belaro,Jr.2019Division Immediate andtheavailabilityof
Petitioner avers that he has been deprived of his right to due
Scrutiny lessrestrictivemeasures
process because of lack of notice of the proceedings in the trial The right to be
heard is
the most
basic
principle
of due process. It considered.
court. is a settled rule that there is
no
denial
of
due
process when a party
Even if
it
were true
that petitioner or his counsel were not notified of has been given an opportunity to be heard and to present his case. C.EqualProtectionofLaws
the scheduled hearing, it is
still
not
enough to
warrant a finding of There is only denial of due process when there is total absence or
denial of due process. For in the application of the
principle of
due lackofopportunitytobeheardortohaveone'sdayincourt.
Section 1.
xxx
nor
shall
any
person
be
denied
the equal protection
process, what is sought to be safeguarded is not lack of previous Technical rules of procedure are not strictly applied in administrative
notice but the denial of the opportunity to be heard. Petitioner ofthelaws.
proceedings and administrative due process cannot be fully
was able to file several pleadings. Also, he was represented by equatedwithdueprocessinitsstrictjudicialsense. Concept
counsel when all prosecution witnesses testified and his counsel was
also able to
cross-examine them. Lastly, he
was able to
file a motion In administrative proceedings, the filing of charges and giving 1. Requires that all persons or things similarly situated should be
for new trial or reconsideration of the Decision convicting him. A reasonable opportunity for the person so charged to answer the treated alike, both as to rights conferred and responsibilities
party who was given the opportunity to seek a reconsideration of the accusations against him constitute the minimum requirements of due imposed.
action or ruling complained of
cannot claim denial of due process of process. The essence of due process is simply to be heard, or as
law. In view thereof, petitioner's claim of denial of due process is applied to administrative proceedings, an opportunity to explain 2. It
is directed principally against undue favor and individual or class
withoutmerit. one's side, or an opportunity to seek a reconsideration of the privilege.
actionorrulingcomplainedof.
Administrative 3. Substantive equality
is
not
enough.
The
law
must
also
be
enforced
LevelsofScrutiny andappliedequally.
Requisitesare:
Test Dealswith How? 4. In
People
v. Vera, the old Probation Law provided that the probation
(1) The right to a hearing, which includes the right to present
system shall be applicable “only in those provinces in which the
one’scaseandsubmitevidenceinsupportthereof. Strict Freedomofthemind; Focusisonthepresence respective provincial boards have provided for the salary of a
(2) Thetribunalmustc onsidertheevidencepresented. Scrutiny restrictingthepolitical ofcompelling,rather probation officer.” On its face, it is a sound law. But when applied, it
process;regulationof thansubstantial
(3) Thedecisionmusth
avesomethingtosupportitself. discriminates against persons in one province that may not be able
speech,gender,orrace, governmentalinterest
otherfundamentalrights andontheabsenceof to provide for the salary of a probation officer. Thus, they are
(4) Theevidencemustbes ubstantial.
suchassuffrage,judicial lessrestrictivemeans deniedthebenefitsofprobation.
(5) The decision
must
be
rendered
on
the
evidence
presented access,interstatetravel forachievingthat 5. Itisarestraintonallthreedepartmentsofthegovernment,etc.
at the hearing, or at least contained in the record and interest.
disclosedtothepartiesaffected. 6. Significantly, in Yrasuegui v. PAL, the dismissal of an overweight
Intermsofjudicial Determinesthequality flight
attendant was
upheld as
the equal protection clause erects no
(6) The
tribunal
or
body or any of its judges must act on its or his reviewofstatutesor andtheamountof
shield against private conduct, however discriminatory or
own independent consideration of the law and facts
of
the ordinances: governmentalinterest
broughttojustifythe wrongful. In another case of International School Alliance of
controversy and not simply
accept
the
views
of
a subordinate
regulationof Educators v.
Quisumbing, however, the
equal protection clause was
inarrivingatadecision.
fundamentalfreedoms. appliedonaprivateentity.
(7) The board or body should, in all controversial questions,
Rational Reviewforeconomic Rationallyfurthera Requisitesforvalidclassification
render its decision in such a manner that the parties to the
Basis legislation;equal legitimategovernmental The grouping of persons or things similar to each other in certain
Standard protectionchallenges interest particularsanddifferentfromallothersinthesesameparticulars.
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(1) Itmustbebasedupons ubstantialdistinctions. distinction between medical students and
other
students
who 14. EO No 1 of President Benigno Aquino III on his “Truth
arenotsubjectedtotheNMATandthethree-flunkrule. Commission” was invalidated as it zeroed-in on the past
(2) Itmustbegermanet othepurposeofthelaw.
8. There also exists between presidential appointees occupying administrationofArroyo.
(3) Itmustnotbelimitedtoexistingconditionsonly.
upper-level positions in government from non-presidential 15. Also considered by the SC
as
discriminatory
was
Sec
5.24
of
(4) Itmustapplyequallytoallmembersofthesameclass. appointees and those that occupy the lower positions in the IRR of the Reproductive Health Law. It nullified said
SubstantialDistinctions government. law in Imbong v. Ochoa, saying that the conscientious
1. Certain
physical differences of persons can in some instance be 9. Goldenway Merchandising Corporation v. Equitable PCI
Bank objection clause should
be
equally protective
of
the religious
the basis of a valid classification, i.e. strength, height and upheld Sec 47 RA 8791 that shortens the period of belief of public health officers. There is no perceptible
weight,healthcondition,age. redemption for juridical persons whose properties were distinction why they should not be considered exempt from the
foreclosed and sold in accordance with Act No
3135.
There is mandates of the law. The protection accorded to other
2. A
recognized
distinction
between
citizens and aliens is that the
substantial difference based on the nature of the properties conscientious objectors should equally apply to all medical
formerhavemoresolicitudeforthenationalinterest.
foreclosed, residence for natural persons, as compared to practitioners without distinction whether they belong to the
3. In Ceniza v. COMELEC, a law classifying cities as highly industrial or
commercial purposes for
juridical persons which privateorpublicsector.
urbanized if
they
had
an
annual revenue of at least P40 million necessitates a shorter redemption period to
reduce
the
period 16. In
granting
the
petition
in
Ang Ladlad LGBT Party v. COMELEC,
and all others as component cities was
upheld since it
would of uncertainty in
the ownership of
said properties and enable the Court further invoked the principle of
non-discrimination,
show whether a city is capable of
existence and development mortgagee-bankstodisposesooneroftheiracquiredassets. as provided for
also under the
International Covenant
on
Civil
independent from the province where it is geographically
10. Garcia
v.
Drilon
validated
RA
9262
or
the
VAWC
Law
as
there and Political Rights (ICCPR) and the Universal Declaration of
located. Being so, they are exempt from voting for provincial
is a need to
employ
protection
upon
women
as
they
are
more HumanRights(UDHR).
officials.
likelytobevictimsofabuses. PhilippinePlasticsIndustryAssociationv.SanPedro2018
4. There is also a substantial distinction between barangay
11. In Tatad v. Secretary of Energy, the law deregulating the oil Resolution
officials and other elected public officials, in terms of
industry was declared unconstitutional on the ground inter alia The subject Ordinance did not violate the equal protection clause
term-limitandlengthofterm.
that it discriminated against the new players, insofar as it of the
Constitution, as there is
substantial distinction between the
5. RA 6770 which authorizes the Ombudsman to impose a placed them at a competitive disadvantage vis-a-vis the primary and secondary plastic
packaging materials, or even between
six-month preventive suspension, instead of the
civil
service established oil companies by requiring them to meet certain plastic packaging materials and plastic cutlery. To note, the frozen
provisions of the Admin Code, which limits such suspension to conditionsalreadybeingobservedbythelatter. and wet goods require nonporous primary packaging to
prevent
the
notexceeding90days,doesnotviolateequalprotection. seepage or
spillage of liquid or fluid but no such seepage or spillage
12. Serrano v. Gallant Maritime Services, Inc. declared that there can be had on dry goods that do not require refrigeration. For this
6. In
International
School
Alliance
of
Educators
v.
Quisumbing, it was suspect classification against overseas workers with an reason, plastic as primary packaging materials for wet goods is
was ruled that there exists
no
substantial distinction between unexpired portion of
one
year
or
more in their contracts which allowed while the same is disallowed as primary packaging
local-hire and foreign teachers, in light of the long honored materials for dry goods. Further, plastic is also disallowed as
burdensthemwithapeculiardisadvantage.
secondary packaging materials for wet goods since
no more seepage
legal truism, “equal pay for equal work.” Thus, rendering
13. There is no substantial distinction between those tried and or spillage of liquid or fluid can be had as
their
primary packaging
nugatory the better treatment of the foreign hires in terms of already served the
purpose of preventing the same. The use of plastic
convicted by a military court vis-a-vis those tried and
pay,andallowances. as
secondary packaging materials for wet goods is merely to provide
convicted in
regular courts
in
terms
of
their
rights
as accused,
7. In
DECS
v.
San
Diego, the three-flunk rule in NMAT was upheld support to
any packaging and it is intended for the convenience of the
asheldinGarciav.ExecutiveSecretary. handler. Thus, a reusable packaging material would be enough to
and
not
violative
of
equal
protection
as there was a substantial serve that purpose. And as explained by the City Government of
Muntinlupa, the prohibition covers only the sale and provision of
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plastic
bags
as packaging materials for wet and dry goods and not the ApplicabilitytoAll Levelsofscrutiny
plastic
packaging or
wrappers
of
these goods
done by
the producers 24. Substantive similarity will suffice; and as long as this is ⭐ZomerDevelopmentv.SpecialTwentiethDivisionoftheCA,
ormanufacturersthereof.
achieved, all those covered by the classification are to be CebuCity2020LeonenEnBanc
RelevancetoPurposeofLaw treatedequally.
In
Samahan ng Progresibong Kabataan v. Quezon City, this Court
17. Classification
will
still
be
invalid
if
not
relevant
or germane to 25. In
Villegas
v.
Hiu
Chong
Tsai
Pao
Ho, an
ordinance
imposing a summarized the
three (3) tests to determine the reasonableness
thepurposeofthelaw. work
permit fee of P50.00 upon all aliens desirous of obtaining ofaclassification:
Duration employment in Manila was struck down noting
that
the same Thestrictscrutinytesta pplieswhenaclassificationeither
amount is being collected whether the alien is casual or
18. Classification
must
be
enforced
not
only
for
the
present but as 1. interferes with t he exercise of fundamental rights,
permanent, part time or full-time, or whether he is a lowly including the basic liberties guaranteed under the
longastheproblemsoughttobecorrectedcontinuestoexist.
employeeorahighlypaidexecutive. Constitution,or
19. In People v. Cayat, the law prohibited members of the
26. In Tatad v. Secretary of Energy and Secretary of Finance, the SC 2. burdenss uspectclasses.
non-Christian tribes from
drinking
foreign
liquor
as
they
have
struck down a law deregulating the downstream oil industry
lowtoleranceofsuchdrink. The intermediate scrutiny test applies when a classification
for violation of the equal protection clause as it favored the does not
involve suspect
classes or
fundamental
rights,
but requires
20. In Ormoc Sugar Co., Inc. v. Treasurer of Ormoc City, an oligopoly of the 3 big players to the prejudice of
prospective heightened scrutiny,
such
as
in
classifications
based on gender and
ordinance imposing 1% tax per export sale to the US of said investors that would be saddled with requirements already legitimacy.
company was invalidated as it is restricted to the current compliedwithbythethreeoilgiants. Lastly, the rational basis test applies to all other subjects not
condition that only one sugar mill exists in Ormoc. Should DPWHRegionIV-Av.COA2019EnBanconSelectiveProsecution coveredbythefirsttwotests.
there be another sugar mill, it will
not
be
imposed with such
In People v. Dela Piedra, the Court declared that an erroneous A "suspect class" is defined as "a class saddled with such
tax as the ordinance specifically mentioned the petitioner disabilities, or subjected to such a history of purposeful unequal
performance of statutory duty — such as an apparent selective
therein. treatment, or
relegated
to
such a
position of
political powerlessness
enforcement of the statute — could not be considered a
TheoryofRelativeConstitutionality violation of the equal protection clause, unless the element of as to command extraordinary protection from the majoritarian
intentionalorpurposefuldiscriminationisshown. politicalprocess."
21. The constitutionality of
a statute
cannot,
in
every
instance,
be
determined by a mere comparison of its provisions with In that case, the Court ruled that there is no violation of the equal Juridicalentitiescannotbeconsidereda"suspectclass."
applicable provisions of the Constitution, since the statute may protection of the laws in prosecuting only one of
the many equally The rational basis test may be applied to determine the
guilty persons. This lone circumstance would not be sufficient to constitutionality of Republic Act No. 8971,
Section
47.
The
rational
be constitutionally valid as applied to one set of facts and
uphold the claim of denial of the equal protection clause. Absent a basistestrequiresonlythat
invalidinitsapplicationtoanother. clear showing of
intentional discrimination, the prosecuting officers
22. A statute valid at one time may become void
at
another
time shall be presumed to have regularly performed their official duties. It a) therebealegitimategovernmentinterestandthat
is up to the person who
claims to have
been the victim of
selective b) there is a reasonable connection between it
and
the
means
becauseofalteredcircumstances.
enforcement to prove that the same was made for a discriminatory employedtoachieveit.
23. Thus,
if a statute in its practical operation becomes arbitrary or purpose.
A longer period of redemption is given to natural persons whose
confiscatory, its validity, even though affirmed by a former In this case, aside from her allegation that DPWH IV-A was among mortgaged properties are
more
often used for residential purposes. A
adjudication,
is
open to inquiry and investigation in the light of those singled out
by the COA concerning the disallowance of the CNA shorter period of redemption is given to juridical persons whose
changedconditions. Incentive, Cuaresma failed to
present
even
a single evidence to show properties are
more often used for commercial purposes. Goldenway
that the disallowance of the subject CNA Incentive was made Merchandising explains that the shorter period is aimed to
ensure
pursuanttoadiscriminatorypurpose. thesolvencyandliquidityofbanks.
There is, thus, a legitimate government interest
in
the
protection
of
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the banking industry and a legitimate government interest in the Conceptofasearch The determination of probable cause can rest partially, or even
protection of foreclosed residential properties owned by natural entirely, on hearsay evidence, as long as the person making the
1. What constitutes a reasonable or unreasonable search and
persons. The shortened period of redemption for juridical entities hearsay statement is
credible.Probable
cause can
be established
may be considered to
be
the
reasonable means
for
the
protection of seizure in any particular case is purely a judicial question, with hearsay evidence, as long
as
there is
substantial basis for
boththeseinterests. determinable from a consideration of the circumstances crediting the hearsay. Hearsay evidence is admissible in
involved. determining probable cause in a preliminary investigation because
such investigation is merely preliminary, and does not finally
(a) Thepurposeofthesearchorseizure;
D.RightAgainstUnreasonableSearchesand adjudicate rights and obligations of parties. To require the
Seizures (b) Thepresenceorabsenceofprobablecause; application of Ang Tibay, as amplified in GSIS, in preliminary
investigations will
change the quantum of evidence required in
(c) The manner in which the search and seizure was determining probable cause from evidence of likelihood or
Sec
2.
The
right of
the people to be secure in their persons, houses, made; probabilityofguilttosubstantialevidenceofguilt.
papers, and effects against unreasonable searches and seizures of
(d) Theplaceorthingsearched;and
whatever nature and for any purpose shall be inviolable, and no Peoplev.Ramon2019Resolution
searchwarrantorwarrantofarrestshallissuee xcept (e) Thecharacterofthearticlesprocured.
The
quantum of
proof
to
establish
probable cause and a prima
1. uponprobablecause Requisitesofavalidwarrant facie
case
for
purposes of
issuance
of
an arrest warrant and for
2. tobed
eterminedpersonallybythejudge (1) ExistenceofProbableCause preliminaryinvestigationareoneandthesame.
3. after examination under oath or affirmation of the 1. Probable cause has been defined as referring to “such facts If
the evidence on record does not clearly establish probable cause to
complainantandthewitnesseshemayproduce,and form a well-grounded belief that a crime has been committed, the
and circumstances antecedent to the issuance of the warrant
elements thereof being present, and that the accused is probably
4. particularly describing the
place
to
be
searched
and
the that in themselves are sufficient to induce a cautious man
to guilty thereof, or, stated otherwise, it is insufficient to sustain a
personsorthingstobeseized. relyonthemandactinpursuancethereof.” prima facie case against the accused, then the imperative is
for
the
Conceptofprivacy 2. It “consists of a reasonable
ground
of
suspicion
supported
by prosecutor or
the judge
to
relieve the
accused from
the
pain of going
through trial.
Conversely, if
the finding by the prosecutor or the judge
1. The rights against unreasonable searches and seizures
and
to circumstances sufficiently strong in themselves to warrant a is that the evidence on record sufficiently establishes a prima facie
the privacy of communication and correspondence are cautious man in believing accused to be committing the offense case or probable cause against the accused, the accused should be
availabletoa
llpersons. ortobeguiltyoftheoffense.” indictedandheldfortrial.
2. Such
right
is
personal
and
may
only be invoked by the person 3. It is the knowledge
of
facts,
actual
or
apparent,
strong
enough
(2) PersonalDeterminationbytheJudge
entitledtoit. to justify a reasonable man in the belief that he has lawful
grounds for prosecuting defendant in the manner complained 1. According to Collector of Customs v. Villaluz, this power
is
3. The “right to be left alone” extends not
only
to
the
privacy
of
of, the concurrence of facts and circumstances reasonably derived directly
from the self-executing provisions of Sec 2 Art
one’s home but also to his office, including the papers and
warrantingthebelief. III of the 1987 Constitution. The word “judge” includes judges
effectsthatmaybefoundthere.
4. A finding of probable cause
need
not
be
based
on
clear
and ofalllevels.
4. The right applies as a distraint directed only against the
convincing evidence, or
on
evidence beyond reasonable doubt. 2. As
to
the question of who should determine probable cause
government and its agencies tasked with the enforcement of the
But,itmustbemorethanmeresuspicion. as a requirement for the issuance of a warrant of arrest, the
law.
The
protection cannot extend to acts committed by private
5. The
warrant
must
refer
to
only one specific offense, provided Court in
Placer v. Villanueva, ruled that such issuance is not a
individuals so as to bring them within the ambit of alleged
inSec3Rule126oftheRulesofCourt. ministerial function of the judge who had the right to determine
unlawfulintrusionbythegovernment.
for
himself the
existence of probable cause. He is not bound by
Estradav.OfficeoftheOmbudsman2015EnBanc
thefindingsoftheprosecutor.
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3. Thus,inSolivenv.Makasiar:
We uphold
the power of
judges to dismiss a criminal
case
when the
7. In Salazar v. Achacoso, Art
38(c) of
the
Labor Code which evidence on record clearly fails to establish probable cause
for
the
Followingestablisheddoctrine,thejudgeshall empowers the Secretary of Labor or his duly authorized issuanceofawarrantofarrest.
(1) Personally evaluate the report and the supporting documents representative to cause the arrest and detention
and order
the
When judges dismiss a case or require the prosecutor to present
submitted by the fiscal regarding the existence
of
probable search of the office and the seizure of documents, additional evidence,
they do
so not
in
derogation of the prosecutor's
causeandonthebasisthereof,issueawarrantofarrest,or paraphernalia, properties and other implements of any authoritytodeterminetheexistenceofprobablecause.
(2) If on the basis thereof he finds no probable
cause,
he
may unlicensed recruiter for overseas employment, was declared First, judges have no capacity to review the prosecutor's
unconstitutional. determination of probable cause. That falls under the office of the
disregard
the
fiscal’s
report and require the submission of
Peoplev.Gabiosa,Sr.2020Division DOJSecretary.
supporting affidavits of
witnesses to aid him in arriving at
aconclusionastotheexistenceofprobablecause. Second, once a complaint or an Information has been filed, the
In the case of Alvarez v. CFI of Tayabas, the Court explained that
disposition of the case is addressed to the sound discretion of the
ultimately, the purpose of the proceeding is for the judge to determine
4. In other words, as was held in Enrile v. Salazar, the judge court,
subject
only to the qualification that its action must not impair
that probable cause exists. Thus, there is no need to examine both the
need not personally determine the existence of probable cause the
substantial rights of
the accused
or
the right
of
the People to due
applicant and the witness/es if either one of them is sufficient to
processoflaw.
by examining under oath or affirmation the complainant and establishprobablecause.
his witnesses, it being sufficient that he follows established Third, and most important, the judge's determination of probable
The searching questions propounded to the applicant and the
causehasadifferentobjectivethanthatoftheprosecutor.
procedure by personally evaluating the report and
supporting witnesses depend largely on the discretion of the judge. Although
documentssubmittedbytheprosecutor. there
is
no
hard-and-fast
rule
governing how
a judge should conduct To be
sure,
in the determination of probable cause for the issuance of
hisexamination,itisaxiomaticthat a warrant of arrest, the judge is not compelled to follow the
5. In
People
v. Desmond, MeTC or MTC, and MTCC judges are no prosecutor's certification of the existence of probable cause. As
we
longer authorized to conduct preliminary investigations as 1) the examination must be probing and exhaustive, not
stated in People v. Inting, "it is the report, the affidavits, the
merely routinary, general, peripheral, perfunctory or
perAMNo.05-8-26-SC,August30,2005. transcripts of stenographic notes, and all other supporting
pro-forma;
documents behind the prosecutor's certification which are
material
6. In Ho v People, the
objectives
of
the
prosecutor
and
the
judge 2) the judge must not simply rehash the contents of the inassistingthejudgetomakehisdetermination."
indeterminingprobablecauseweredistinguished: affidavit but must make his own inquiry on
the
intent
and
justificationoftheapplication; The panel's act of resolving the complaint against petitioners and
Prosecutor Judge Ong primarily on the basis of Doble's evidence, and
in
spite
of
the
3) the questions should not merely be repetitious of t he timely submission of the counter-affidavits, was clearly committed
Whether there is reasonable If a warrant of arrest should be averments stated in the affidavits or depositions of the withgraveabuseofdiscretion.
ground to believe that the issued to place the accused in applicantandthewitnesses.
We have stressed that the court's dismissal of a case for lack of
accused is guilty and should be immediate custody so as not to If the judge fails to determine probable cause by personally probable cause for the issuance
of
a warrant
of
arrest must be done
heldfortrial. frustratetheendsofjustice. examining the applicant and his witnesses in
the form
of
searching when the evidence on record plainly fails to establish probable cause;
questions before issuing a search
warrant,
grave abuse of
discretion that is, when the records readily show uncontroverted and, thus,
Conductspreliminary Conducts preliminary inquiry/ iscommitted.
investigationproper examination established facts that unmistakably negate the existence of the
Here, Judge Balagot made sure that the witness had personal elementsofthecrimecharged.
InPeoplevDesmond,determinationofprobablecausemayeither knowledge of the facts by asking specifics, and asked how he
be: obtained knowledge of the
same and
how
he
was
sure
that
the
facts (3) ExaminationofApplicant
continue to
exist.
The questions propounded by
Judge Balagot, taken
Executive: for the purpose of Judicial: to ascertain whether a and viewed as a whole, were therefore probing and not merely 1. Evidence must be based on the personal knowledge of those
filing a criminal information in warrant o f arrest should be superficialandperfunctory. who offered same and not on mere information or belief.
court issued. Hearsayisnotallowed.
Fenixv.CA2016
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2. To be considered sufficient, the affidavits must be drawn in a
motion
for reconsideration of the court order granting such (b) It
leaves
them with no discretion regarding the articles
such a manner
that the affiant could be charged with perjury if motiontoquash. tobeseized;
theallegationscontainedthereinarefoundtobeuntrue. (c) When the things described are limited to those that
(4) ParticularityofDescription
3. In Alvarez v. CFI, a search warrant was annulled as it was bearadirectrelationtotheoffensecharged.
1. The Constitution requires that the place
to
be
searched
or
the
issuedofanaffidavitbasedon“reliableinformation”only. 8. Only the articles particularly described in the warrant
can
be
persons or things to be seized be described with such
4. In
the Burgos case, the application for search warrants filed by particularity as to enable the person serving the warrant to seized,
and
no
other
property can be taken thereunder unless it
two
military
officers on the basis of “the evidence gathered and identifythem. isprohibitedbylaw.
collectedbyourunit”wasr ejected. 9. A search warrant is severable. Thus, in Uy v. Bureau of
2. Otherwise, it is considered as a general warrant which is
5. By contrast, the search warrant was sustained in Yee Sue Koy v. proscribedbybothjurisprudenceandtheConstitution. Internal Revenue, G.R. No. 129651, October 20, 2000, the
Almeda, where it was shown that the complainant and his Supreme Court said that
the
general description of
most of
the
3. Testsforspecificity:
witnesses, of
their
own personal knowledge obtained from the documents in the warrant — if there are others particularly
personal investigations conducted by them, both declared a) When the description therein is as specific as the described — will not invalidate the entire warrant. Those items
under oath that the petitioner was engaged in usurious circumstanceswillordinarilyallow; which are not particularly described may simply be cut off
activities. b) When the description expresses a conclusion
of
fact without destroying the
whole warrant. This
ruling is reiterated
6. The cases of Mata v. Bayona and Tabujara v. People — not of
law
— by
which
the
warrant
officer
may
be inMicrosoftCorporationv.Maxicorp,Inc.
invalidated the search warrant and warrant of arrest, guided; 10. The Constitution requires search warrants to particularly
respectively, as they were based solely on the statement of c) When
the
things
described
are
limited
to
those
which describe not
only the place to be searched, but also the persons
witnesses whom the judge did not personally examine in bear direct relation to the offense for which the tobesearched.
writing and under oath; neither did he propound searching warrantisbeingissued. 11. In
People
v.
Tiu
Won
Chua, G.R.
No. 149878, July 1, 2003, the
questions. 4. GR: Person
sought
to be seized should be identified by name. A validity of the search
warrant was upheld
despite the
mistake
7. A finding of probable cause may be set aside and the search John Doe warrant is generally illegal. However, a search in the name of the persons to be searched, because the
warrantmaybequashedif: warrant need not
identify with
particularity the
person against authorities conducted surveillance and a test-buy operation
★ The applicants and their witnesses committed a whom it is directed; it suffices that the place to be searched before obtaining the search warrant and subsequently
deliberate
falsehood or reckless disregard for the truth andthethingstobeseizedaredescribed. implementing it. They had
personal knowledge of
the
identity
on matters that are essential or necessary to the 5. But while a John Doe warrant is generally held invalid, it is of the
persons and
the
place to
be
searched, although they
did
showingofprobablecause. notspecificallyknowthenamesoftheaccused.
enough if there
is
some
descriptio personae
that
will
enable
8. However, mere innocent and negligent omissions or theofficertoidentifytheaccused. Dimalv.People2018
misrepresentation of
witnesses
will
not
cause
the
quashal of a 6. In
PLDT
v.
HPS
Software
and Communication Corporation, A
description of
a place to be searched is sufficient if the officer with
searchwarrant. the warrant can ascertain and identify with reasonable effort the
the search warrants were not general warrants because the
9. A challenge against the participation of a private person in a items to be seized were sufficiently identified physically
and place intended, and distinguish it from other places in the
community. A designation that points out the place to be searched to
search warrant proceeding was rejected in PLDT v. HPS theirrelationtotheoffensescharged.
the exclusion of
all
others, and on inquiry unerringly leads the peace
Software and Communication Corporation, for as long as 7. Thus,awarrantwouldbevalid: officers to
it,
satisfies the
constitutional requirement of definiteness.
the private party is in collaboration with the NBI or such To the Court's view, the search warrant sufficiently describes the
(a) When it
enables
the
police
officers
to
readily
identify place to be searched with manifest intention that the search be
government agency. The party may file an opposition to a
motion to
quash the search warrant issued by the court, or thepropertiestobeseized; confined strictly to the place described. At any rate, petitioners
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cannot be heard to
decry
irregularity in
the
conduct
of the
search of 2) specific, accounted by how he was then surrounded by police officers who
the
premises of
the
Felix
Gumpal Compound because,
as aptly
ruled 3) intelligentlygivenand had specifically flagged him and his companions down. He was
by the RTC, a Certification of Orderly Search was issued by the under the
coercive force of armed law enforcers. His consent, if at all,
barangay officials, and the presumption of regularity in the 4) uncontaminatedbyanyduressorcoercion. wasclearlyvitiated.
performance of public duty was not sufficiently contradicted by
3. Itmustbeshownthat
petitioners. (2) Incidenttoalawfularrest
a) Therightexists;
In Vallejo v. Court of Appeals, the Court clarified that technical 1. The individual being arrested may be frisked for concealed
precision of description is not required. It is only necessary that b) That
the
person
involved had knowledge. Either actual
there be reasonable particularity and certainty as to the identity of weapons that
may be
used against
the
arresting
officer
and
all
orconstructive,oftheexistenceofsuchright;and
the property to be
searched for
and
seized,
so that
the warrant
shall unlawful articles
found in
his
person or
within
his
immediate
notbeamerer ovingcommission. c) The
said
person
had
an
actual intention
to relinquish controlmaybeseized.
theright. 2. The Supreme Court stressed in People v. Figueroa that
Under
American jurisprudence, an
otherwise overbroad warrant will
comply with the particularity requirement when the affidavit filed in 4. The
following
characteristics
of
person
giving
consent
and the evidence obtained during a warrantless search made before,
support of the warrant is physically attached to it, and the
warrant environmentinwhichconsentisgivenmaybeofhelp: andnotafter,a
warrantlessarrestwouldbeinadmissible.
expressly refers to the affidavit and incorporates it with suitable
words of reference. Conversely, a warrant which lacks any 1) Ageofdefendant; 3. The
lawful
arrest
must
precede
the
search of a person and his
description of the items to be seized is defective and is not cured by a 2) Publicorsecludedplace; belongings.
description in the warrant
application which is
not
referenced in the
3) Objectedorpassivelylookedon; 4. While buy-bust operations have
been
recognized
as
valid,
it
warrantandnotprovidedtothesubjectofthesearch.
must
be
distinguished from
instigation, when a person who is
Notwithstanding the inadmissibility in evidence of
some
items,
the 4) Educationandintelligence;
otherwise not predisposed to commit the crime is
enticed
or
Court sustains the validity of the Search Warrant and the
5) Presenceofcoercivepoliceprocedures; luredortalkedintocommittingthecrime.
admissibility of the items seized which were particularly
described
in the warrant. This is in line with the principles under American 6) Beliefthatnoincriminatingevidencewillbefound; 5. Decoy solicitation or the act of soliciting drugs during a
jurisprudence:
7) Natureofpolicequestioning; buy-bustoperationhasbeenruledasv
alid.
(1) that the seizure of
goods
not
described
in
the
warrant does
8) Environmentwherequestioningtookplace;and 6. Prior surveillance is
not
necessary
for
as
long
as
the
buy-bust
not
render the whole seizure illegal, and the seizure is illegal
onlyastothosethingswhichwasunlawfultoseize;and teamisaccompaniedtothetargetareabyt heinformant.
9) Possibly vulnerable subjective state of the person
(2) the fact that the officers, after making a legal search and consenting. 7. Warrantless arrests made on the basis alone of “tips” or
seizure under the warrant, illegally made a search and “reliable information” is not sufficient. It is further required
seizure of other property not within the warrant does not ⭐Peoplev.Yanson2019LeonenDivision
that
the
accused
performed some overt act that would indicate
invalidatethefirstsearchandseizure. It
cannot be said
that Sison, the driver, consented to the search that
he
has committed,
is actually committing, or is attempting
made by the arresting officers. Jurisprudence has settled that mere tocommitanoffense.
Warrantlesssearches
passive conformity or silence to the warrantless search is only an
(1) Consentedsearches implied acquiescence, which amounts to no consent at all. The 8. The warrantless arrests of the accused which were based solely
validity of a supposedly consented warrantless
search
is
contingent on
a “report
from
a civilian
asset”
or
mere
“information”
were
1. It
is
not
to
be
lightly
inferred
and
must
be
shown
by
clear and on the totality of the attendant circumstances. This may entail an likewise invalidated in People v. Tudtud and People v.
convincingevidence. inquiry into the environment in which the consent was ostensibly
Nuevas.
2. It must be voluntary in order to validate an otherwise
illegal given,suchas"thepresenceofcoercivepoliceprocedures."
9. Antiquera
v.
People, in
acquitting
the accused declared, citing
search;thatis,theconsentmustbe Here, Sison, who was then unarmed, was prodded by the arresting
officers to
open
the pickup's hood. His beguiling conformity is easily People v. Martinez, that a waiver of an illegal warrantless
1) unequivocal,
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arrest
does
not
carry
with
it
a waiver
of
the
inadmissibility
of
reasonable inference of criminal activity to compel the arresting
evidenceseizedduringtheillegalwarrantlessarrest. Customs searches, as
exception to the requirement of a valid search
officertoinvestigatefurther.
warrant, are
allowed
when persons exercising police authority under
10. May
only
be
made within the permissible area of search, or the Here, while the CA correctly ruled that a reasonable search was the customs law effect search and seizure in the enforcement of
place within the immediate control of the person being arrested conducted on petitioner, the facts on record do not point to a customslaws.
asperEspanov.CA. warrantless search incidental to a lawful arrest. Rather, what
Hence,tobeavalidcustomssearch,therequirementsare:
transpiredwasastopandfrisksearch.
11. It has later been ruled that a search substantially (1) the person/s conducting the search was/were exercising
contemporaneous with
an arrest can precede the arrest if the The tip on petitioner, coupled with the police officers' visual policeauthorityundercustomslaw;
confirmation that petitioner had a gun-shaped object tucked in his
police
have
probable
cause
to
make the
arrest
at
the
outset of (2) thesearchwasfortheenforcementofcustomslaw;and
waistband, led to a reasonable suspicion that
he
was
carrying a gun
thesearch. during an
election gun ban. However, a reasonable suspicion is not (3) theplacesearchedisnotadwellingplaceorhouse.
⭐Manibogv.People2019LeonenDivision synonymous with the personal knowledge required under Section
Here,
the facts
reveal
that the search was part of routine port security
5(a) and (b) to effect a valid warrantless arrest. Thus, the Court of
measures. The search was not conducted by persons authorized
For
a "stop and
frisk" search to
be
valid, the totality of suspicious Appeals erred in ruling that the search conducted on petitioner fell
under customs law. It was also not motivated by the provisions of the
circumstances, as personally observed by the arresting officer, must under the
established exception of
a warrantless search incidental to
Tariff and Customs Code or other customs laws. Although customs
lead to a genuine reason to
suspect that
a
person is
committing an alawfularrest.
searches usually occur
within ports
or terminals, it is important that
illicit act. Consequently, a warrantless arrest not based on this
Nonetheless, the combination of the police asset's tip and the thesearchmustbefortheenforcementofcustomslaws.
constitutesaninfringementofaperson'sbasicrighttoprivacy.
arresting officers' observation of a gun-shaped object under
Two (2)
of
the exceptions to a search warrant—a warrantless search petitioner's shirt already suffices as a genuine reason for the (3) Of vessels and aircraft
for
violation
of
immigration,
customs,
incidental to
a lawful
arrest and "stop and frisk"—are often confused arresting officers to conduct a stop and frisk search on petitioner. anddruglaws
with each other. Malacat v.
CA explained that they "differ in terms of Hence, the trial court correctly upheld the reasonableness of the
1. Rationale: The
vessel can be quickly moved out of the locality
the requisite quantum of
proof before
they
may
be
validly effected warrantlesssearchonpetitioner.
andintheirallowables cope." or jurisdiction in which the search
must
be
sought
before
the
DelaCruzv.People2016LeonenDivision warrantcouldbesecured.
The lawful arrest generally precedes, or is substantially
contemporaneous,withthesearch. 2. In People v. Aminnudin, 163 SCRA 402, where the accused
In case of consented searches or waiver of the constitutional
In direct contrast with warrantless searches incidental to a lawful guarantee against obtrusive searches, it is fundamental that to was searched and arrested upon disembarkation from a
arrest,stopandfrisksearchesareconductedtodetercrime. constituteawaiver,itmustfirstappearthat passenger vessel, the Court held that there was no urgency to
For
a valid
stop
and frisk search,
the
arresting officer must have had (1) therightexists; effect a warrantless search, as it is clear that the Philippine
personal knowledge of facts, which would engender a reasonable (2) that the person involved had knowledge, either actual or Constabulary had at least two days within which they could
degree of suspicion of an illicit act. Cogaed emphasized that constructive,oftheexistenceofsuchright;and have obtained a warrant to search and arrest
the accused. Yet,
anything less than the arresting officer's personal observation of a theydidnothing;noeffortwasmadetocomplywiththelaw.
(3) the said person had an actual intention to relinquish the
suspicious circumstance as
basis for the search is an infringement of
right. 3. The
Tangliben
ruling
cannot
apply
because
the
evidence
did
the"basicrighttosecurityofone'spersonandeffects."
In cases involving the waiver of the right against unreasonable not show that the accused was acting suspiciously when he
Malacat
instructed that
for
a stop
and frisk
search to
be valid, mere
searches and seizures, events must be weighed in its entirety. The disembarkedfromthevessel.
suspicion is not enough; there should be a genuine reason, as
trial court's findings show that petitioner presented his bag for
determined by the police officer, to warrant a belief
that the
person 4. Search made pursuant to routine airport security procedure
scanning in the
x-ray
machine. When his
bag
went through the
x-ray
searchedwascarryingaweapon. which is allowed under Sec 9 of RA 6235 was applied in
machine and the firearms were detected, he voluntarily submitted his
To sustain the validity of a stop and frisk search, the arresting bagforinspectiontotheportauthorities. People v. Johnson and People v. Canton, such that
officer should have personally observed two (2) or more announcements place passengers on notice that ordinary
The consented
search
conducted
on
petitioner's bag is different from
suspicious circumstances, the totality of which would then create a
acustomssearch.
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constitutional protections against warrantless searches and (3) flashesalightthereinwithoutopeningthecar'sdoors; place passengers on notice that ordinary constitutional protections
seizuresdonotapplytoroutineairportprocedures. against warrantless searches and seizures do not apply to routine
(4) where
the
occupants
are
not
subjected to a physical or
5. The scope of
a search
pursuant
to
airport
security
procedures airportprocedures.
bodysearch;
is not confined only to search for weapons under the Terry
(5) where the inspection of the vehicles is limited to a (6) Wheretheprohibitedarticlesarein‘plainview’
searchdoctrine.
visualsearchorvisualinspection;and
(4) Ofmovingvehicles 1. Thefollowingrequisitesmustconcur:
(6) wheretheroutinecheckisconductedinafixedarea.
1. In People v. Dequina, the SC considered dried marijuana (a) Prior
justification
for
an
intrusion
or
is in a position
➔ In the cases of Caballes v. CA and People v. Libnao, a
leaves in traveling bags being carried or transported by the fromwhichhecanviewaparticulararea;
checkpoint search
may
either
be a mere routine inspection,
accused in a taxi cab as admissible
in
evidence against
them. oritmayinvolveane
xtensivesearch. (b) Inadvertentd
iscovery;
Since a crime was actually then being committed by the
➔ For a mere routine inspection, the search is normally (c) Immediately
apparent
to
the officer that the item he
accused, their warrantless arrest was legally justified,
as well
permissiblewhenitis: observes may be evidence of a crime, contraband
or
astheensuingsearch.
otherwisesubjecttoseizure;
★ limitedtoamerev
isualsearch,
2. A warrantless search and seizure involving
an
accused
which
(d) Justified mere seizure of evidence without further
was caught
in
flagrante
delicto
transporting
marijuana
using
a ★ where
the
occupants
are
not
subjected to a physical or
search.
bicyclewasupheldinP eoplev.Penaflorida. bodysearch.
2. Objectisinplainviewwhenitisplainlyexposedtosight.
3. It
has
been
clarified
though
that the
exception from securing a ➔ On the other hand, when the vehicle is stopped and subjected to
search warrant when it comes to moving vehicles does not give an
extensive
search, it
would
be constitutionally permissible 3. If the package proclaims its contents, whether by its (a)
the police authorities unbridled discretion to conduct a onlyif distinctive configuration, its (b) transparency, or its (c)
warrantless search of an automobile. Probable cause must contents are obvious to the observer, then
the
contents
are
in
★ the officers conducting the search had reasonable or
exist. plainview.
probable cause to believe, before the search, that either
(5) Ofautomobilesatbordersorconstructiveborders themotoristisalawoffenderor 4. The element of inadvertence would not be present if the
★ they will find the instrumentality or evidence police officers intentionally entered the house with no prior
➔ Searches without warrant of automobiles
are
also
allowed
for
pertainingtoacrimeinthevehicletobesearched. surveillance or investigation before they discovered the
the purpose of preventing violations of smuggling or
accusedwiththesubjectitems.
immigration laws, provided that such searches are made at Peoplev.Johnson
borders or “constructive borders”, like checkpoints near the 5. The
“immediately
apparent” test
does
not
require
an
unduly
Persons may lose
the
protection of
the search and seizure clause by
boundarylinesoftheState. high degree of certainty as to the incriminating character of
exposure of their persons or property to the public in a manner
reflecting a l ack of
subjective expectation of privacy, which evidence. It requires merely that the seizure
be
presumptively
➔ One such form of search of moving vehicles is the
expectation society is prepared to recognize as reasonable. Such reasonable assuming that there is probable cause to
associate
"stop-and-search" for as long as it is warranted by the
recognition is implicit in airport security procedures. There is the
property with criminal activity; that a nexus exists between
exigencies of public order and conducted in a way least little question that such searches are reasonable, given their theviewedobjectandcriminalactivity.
intrusivetomotorists.R outineinspectionsm aybehad: minimal intrusiveness, the gravity of
the
safety interests involved,
6. In People v. Bolasa, acting on an anonymous tip, the
(1) where the officer merely draws
aside
the
curtain
of
a and the reduced privacy expectations associated with airline
travel. Indeed, travelers are often notified through airport public warrantless arrest and
search of
the
suspects were invalidated
vacant vehicle which is parked on the public
address systems, signs, and notices in
their
airline tickets that
they as they were not caught in
flagrante delicto
or as
a result
of
a
fairgrounds;
are subject to search and, if any
prohibited materials or
substances hot pursuit,
and the objects
seized were not
in
plain view as it
(2) simplylooksintoavehicle; are found, such would be subject to seizure. These announcements was shown that the police officers had to peep to see them.
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They ought to have conducted prior surveillance and obtained a 1. This is basically an exercise of the police power of
the
State, conducting a patrol on the strength of an information that a
searchwarrant. and would not require a search warrant. These are routine Muslim group would explode a grenade, saw petitioner and
7. In People v. Figueroa, 248
SCRA
679,
where,
while
serving
a inspections which, however, must be conducted during companions attempting to explode a grenade but who, upon
warrant of arrest,
police
officers
searched the house and found reasonablehours. seeing the policemen, desisted and ran away; then, two days
a pistol, a magazine and seven rounds of ammunition, the later, police officers
saw petitioner
at
a street corner,
accosted
seizure of the firearm and ammunition was held lawful, (8) Stopandfriskor“Terrysearches” him when his companions ran away, then searched him and
because the objects seized were in plain view of the officer who foundagrenade.
In Manalili v. Court of Appeals, G.R. No. 113447, October 7,
hadtherighttobeintheplacewherehewas. 1997, the Supreme Court upheld the
validity of
the
search as
akin to In this case, the Supreme Court said that there was no valid
8. In
People
v.
Salanguit, G.R No. 133254-55, April 19, 2001, the “stop-and-frisk” which, in
the landmark U.S. case, Terry v. Ohio, was search because there
was nothing in the behavior or conduct of
peace officers entered the dwelling armed with a search defined as the vernacular designation of the right of a police officer to the petitioner which could have elicited even mere suspicion
warrant for the seizure of
shabu and drug paraphernalia. In the stop a citizen on
the
street, interrogate him and pat him for weapons other than that his eyes were moving fast. There was no
course of the search, they (presumably) found the shabu first, whenever he
observes unusual conduct which leads him to conclude reasonable ground to believe that the petitioner was armed
and then came upon an article wrapped in newspaper which that criminal activity may be afoot. In this case, the policemen withadeadlyweapon.
turned out to be marijuana. On the issue of whether the chanced upon the accused who had reddish eyes, walking in a 4. To
be
valid,
searches
must
proceed
from
a warrant issued by a
marijuana may be
validly seized, the
Supreme Court said
once swaying manner, and who appeared to be high on drugs; thus, the judge. While there are exceptions to this rule, warrantless
the valid portion of the search warrant has been executed, the search. searches can only be carried out when founded on probable
“plain view” doctrine can no longer provide any basis for cause. There must be a confluence of several suspicious
1. (a) The police officer should properly introduce himself and
admitting the other items subsequently found. (Note that the circumstances. A solitary tip hardly suffices as probable
make initial
inquiries,
(b) approach and restrain
a person who
marijuana was wrapped in newspaper which was not cause; items seized during warrantless searches based on
manifests unusual and suspicious conduct, in order to check
transparent.) solitarytipsareinadmissibleasevidence.(P eoplev.Yanson)
the
latter’s
outer
clothing for possibly concealed weapons. The
DominguezyArganav.People2019Division apprehending police officer must have a genuine reason, in Peoplev.Cristobal2019Division
accordance with the police officer’s experience and the
The "plain view" doctrine may not be used to launch unbridled The CA manifestly overlooked the undisputed fact that the seized
surrounding conditions, to warrant the belief that the person to
searches and indiscriminate seizures nor to extend a general items were confiscated from Cristobal as he was being issued a traffic
exploratory search made
solely to
find
evidence of
defendant's guilt. be held has weapons or contraband concealed about him. It violationticket.
The "plain
view" doctrine
is
usually applied where a police officer is should, therefore, be emphasized that a search and seizure
The police officers involved in
this case conducted an illegal
search
not searching for evidence against the accused, but nonetheless shouldprecedethearrestfortheprincipletoapply. when they frisked Cristobal on the
basis of
the
foregoing violations.
inadvertentlycomesacrossanincriminatingobject. It was
not,
as
it
could not have been, even believing the story of
the
2. In
People
v.
Solayao, 262
SCRA
255,
the
Supreme Court found
In
the
case at hand, while it can be said that the presence of the police justifiable
reason to apply
the
“stop-and-frisk” rule, because of police officers, a search incidental to a lawful arrest as there was no,
officers was legitimate as they were patrolling the area and that astherecouldnothavebeenany,lawfularresttospeakof.
the
drunken actuations of the accused and his companions, and
discovery of the plastic sachet was inadvertent, it should be "Stop
and
frisk"
searches
should
be
allowed only
in
the
specific and
emphasized that, as to the third requisite, it was clearly not because of
the fact
that his companions fled when they saw the
limitedinstancescontemplatedinT erry:
apparent that such plastic sachet is an evidence of a crime, a policemen, and finally, because the peace officers were
contraband,orotherwisesubjecttoseizure. precisely on an intelligence mission to verify reports that (1) it
should
be
allowed only
on
the basis of the police officer's
reasonable suspicion, in light of his or
her experience,
armedpersonswereroamingthevicinity.
that
criminal activity may be afoot and that the persons with
(7) Of buildings and premises to enforce fire, sanitary, and 3. The
rule
was
not
applied
in
Malacat v. Court of Appeals, G.R. whom he/she is dealing may be armed and presently
buildingregulations No. 123595, December 12, 1997, where police officers, dangerous;
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(2) the search must only be a carefully limited search of the securityprotocol.Inthisregard, 4. Fourth, as to the evidence seized from the reasonable
outerclothing;and 1. metal detectors and x-ray scanning machines can be search, courts must be convinced that precautionary
(3) conducted for the purpose of discovering weapons which installedatbusterminals; measures were in place to ensure that no evidence was
might be used to assault him/her or other persons in the 2. passengerscanalsobefrisked; plantedagainsttheaccused.
area. 3. in lieu of electronic scanners, passengers can be required The
search of
persons in
a public
place is valid because the safety of
Applying the
foregoing in
the present case,
the
police
officers'
act
of instead to open their bags and luggages for inspection, which others may
be
put
at
risk. Given the present circumstances, the Court
proceeding to search Cristobal's body, despite their own admission inspectionmustbemadeinthepassenger'spresence; takes judicial notice that
public transport buses and
their
tenninals,
that they were unable to find any weapon on him, constitutes an justlikepassengershipsandseaports,areinthatcategory.
4. should the
passenger object, he or she can validly be refused
invalidandunconstitutionalsearch. entryintotheterminal. Aside from public transport buses, any moving vehicle that
similarly accepts passengers at the terminal and along its route
While in transit, a bus can still be searched by government agents or
(9) Underexigentandemergencycircumstances islikewisecoveredbytheseguidelines.
the security personnel of the bus owner in the following three
1. In People v. de Gracia, 233 SCRA 716, the raid of, and the instances. Toemphasize,theguidelinesd
onotapply
consequent seizure of firearms and ammunition in, the Eurocar 1. First, upon receipt of information that a passenger carries a) toprivately-ownedcars;and
Sales Office was held valid, considering the exigent and contraband or
illegal articles, the bus where the passenger is b) to moving vehicles dedicated for private or personal
aboard can
be
stopped en
route to allow for an inspection of use,asinthecaseoftaxis.
emergency situation obtaining. The military operatives had
thepersonandhisorhereffects.
reasonable grounds to believe that a crime was being
2. Second, whenever a bus picks passengers en route, the ⭐Vaporosov.People2019Division
committed, and they had no
opportunity to
apply for
a search prospective passenger can be frisked and
his
or
her bag
or
warrant from the courts because the
latter
were closed. Under luggage be subjected to the same routine inspection by Case law requires a strict application of this rule, that is, "to
such urgency and exigency, a search warrant could be validly government agents or private security personnel as
though absolutely limit a warrantless search of a person who is lawfully
dispensedwith. thepersonboardedthebusattheterminal. arrested to his
or
her
person
at
the time of and incident to his or her
3. Third, a bus can
be
flagged down at
designated military or arrest
and to
'dangerous weapons or anything which may be used as
(10) Atmilitarycheckpoints police checkpoints where State agents can
board the vehicle proof of the commission of the offense.' Such warrantless search
for a routine
inspection of
the
passengers and
their
bags
or obviously cannot be made in a place other than the place of
In People v. Malmstedt, a passenger bus was stopped at a luggages. arrest."
military checkpoint for inspection. One of the soldiers noticed a
In
both situations, the inspection of passengers and their effects prior The Court concludes that the first search made on petitioners, i.e., the
bulge on the waist of the accused which turned out to be a pouch cursory body search which, however, did not yield any drugs but
to
entry at
the
bus
terminal and
the search of the bus while in transit
containing hashish. Further search
revealed more
hashish concealed must also satisfy the following conditions to qualify as a valid only personal belongings of petitioners, may be considered as a
inseveralteddybearshewascarryinginhisbag. reasonablesearch. search incidental to
a lawful arrest as
it
was done contemporaneous
to their arrest and at the place of apprehension. On the other hand, the
1. First, as to the manner of the search, it must be the least
1. Valmonte
v De
Villa
upheld
the
establishment
of checkpoints same cannot be said of the second search which yielded the
drugs
intrusive and must uphold the dignity of the person or
by the military where it could conduct searches and make subject of this case, considering that a substantial amount of time had
persons being searched, minimizing, if not altogether
already elapsed from the time of
the arrest to the
time of the second
arrestswithoutwarrant. eradicating, any cause for public embarrassment,
search, not to
mention the fact that the second search was conducted
humiliationorridicule.
at
a venue other than the place of actual arrest, i.e., the Panabo Police
Saludayv.People2018EnBanconBusSearchesandInspections 2. Second, neither can the search result from any Station.
In
the
conduct of
bus
searches,
the
Court
lays down the following discriminatory motive such as insidious profiling,
guidelines. stereotypingandothersimilarmotives. Warrantlessarrestsanddetention
3. Third, as
to
the
purpose
of
the
search,
it must be continued There
are
three
(3)
instances
when
warrantless
arrests may be lawfully
Prior to e ntry, passengers and their bags and luggages can be
toensurepublicsafety. effected.Theseare:
subjected to a routine inspection akin to airport and seaport
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(a) anarrestofasuspectinflagrantedelicto; vehicleparkedonthepublicfairgrounds; report, and this
eventually resulted in the arrest of Marvin. It was not
(b) an arrest of a suspect
where, based
on personal knowledge of (b) simplylooksinsideavehicle; established that
Marvin had a firearm
visibly tucked in
his waist, or
the arresting officer, there is probable cause
that said
suspect that he behaved in a manner which would elicit a reasonable
(c) flashesalightintothevehiclewithoutopeningitsdoors; suspicion that he committed an offense. Clearly, the trial court
and
was the
perpetrator of
a crime which had just been committed;
and (d) where the occupants of the vehicle are not subjected to a the CA grievously erred in agreeing with the prosecution. The
physicalorbodysearch; prosecution established only a suspicion that a crime was
(c) an arrest
of
a prisoner who
has
escaped
from
custody serving
(e) where the inspection of the vehicle is limited to a visual committed—nothingmore—priortothearrestofMarvin.
final judgment or
temporarily confined
during the pendency of
his case or has escaped while being transferred from one searchorvisualinspection;and In the same manner, the present circumstances do not suffice to
confinementtoanother. (f) wheretheroutinecheckisconductedinafixedarea. fulfill the
requirements for
a hot
pursuit arrest. The prosecution did
not allege and prove that SPO4 Pequiras and the arresting officers had
Peoplev.Olarte2019Division In short, inspections at checkpoints are confined to visual
personal knowledge of facts that Marvin had just committed an
searches. An extensive search of the vehicle is permissible only
offense. Neither does the anonymous report of
a suspicious person
The concept of in flagrante delicto arrests should not be confused when the officer conducting the search had probable cause to believe
operate to vest personal knowledge on
the
police officers
about the
with warrantless arrests based on probable cause as contemplated in prior to
the search that
he
will
find
inside
the vehicle to be searched
commissionofanoffense.
the second instance of Sec. 5 of Rule 113. In the latter type of the instrumentality or evidence pertaining to the commission of a
warrantless arrest, an accused may be arrested when there is crime. There being no valid warrantless arrest, the search conducted on
probable cause which is discernible by a peace officer or private Marvin's body and belongings is likewise unjustified. The law
person that an offense "has just been committed." Here,
the offense Under Section 5(a),
the
officer
himself witnesses the
commission of
requires that
there should be
a lawful
arrest
prior to
the
search.
The
had already been consummated but
not
in
the
presence
of
the peace the
crime; under Section 5(b),
the officer actually knows that a crime
processcannotbereversed.
officer or private person who, nevertheless, should have personal hasjustbeencommitted.
knowledge of facts or circumstances that the person to be arrested The
arrest
of the accused-appellant did not justify the search of Exclusionaryrule
had committed it. More importantly, there is durational the
personal belongings because the arrest did not precede the 1. “Fruit of the poisonous tree” doctrine, non-exclusionary
immediacy between the offense that had just been committed and search.
rule originally enunciated in Stonehill v. Diokno and later
the
peace officer or private person's perception or observation of the The arresting officers plainly ignored the constitutional and statutory
accused's presence at the incident or immediate vicinity. Such is why constitutionallyaffirmedinS ec3(2)ArtIII.
limitations prescribed for a valid search at a checkpoint. They
probable cause is required to justify a warrantless arrest in cases effected the warrantless search of the personal effects of the 2. Evidence illegally obtained
however
may
nonetheless
be
used
where the
peace officer or private person did not catch or witness the accused-appellant without sufficient probable cause, and on that in
the
judicial or administrative action that may be filed against
accusedintheactofcommittinganoffense. basis arrested her. If the arrest did not precede the search, where was theofficerresponsibleforitsillegalseizure.
The rule only
requires that
the
accused perform some overt
act
that theprobablecausethatjustifiedherwarrantlessarrest?
would indicate that he has
committed, is
actually committing, or
is The conclusion is inevitable that both the warrantless arrest
of
the 3. Where the
accused did
not
raise the
issue
of
the
admissibility
attempting to commit an offense. Therefore, it does not
matter that accused-appellant and the
warrantless search of
her
personal effects of
evidence against
him on
the ground that it had been illegally
accused-appellant was previously identified only from a CCTV wereunreasonable. seized, such omission constituted a waiver of the protection
footage supposedly covering his
previous criminal conduct
because
he was seen by PO2 Intud and PO2 Monilar performing an overt act of granted by
this
section,
and the
illegally
seized evidence could
drawingagunashewasabouttoenterLBC. Porteriav.People2019Division thenbeadmittedagainsthim.
The prosecution failed to
establish any overt act which could lead to 4. Such objection should be made before arraignment as per
Peoplev.Gardon-Mentoy2019Division Marvin's in flagrante delicto arrest.
There was also
no evidence
that Peoplev.Zaspa.
the arresting officers, or SPO4 Pequiras in particular, knew of an
Indeed, routine inspections made at checkpoints have been offense that
was
just
committed and that
Marvin was the perpetrator 5. The legality of a seizure can be contested only by the party
regarded as permissible and valid, if the inspections are limited
to oftheoffense. whose rights have been impaired thereby as it is purely
thefollowingsituations:
SPO4 Pequiras merely testified that after receiving the information personalandcannotbeavailedofbythirdparties.
(a) where
the
officer
merely
draws
aside
the
curtain of a vacant
regarding the presence of a suspicious person, they verified the 6. Theobjectionmustbeonconstitutionalgrounds.
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7. The
constitutional
guaranty
against
unreasonable searches and who issued
the search
warrant or in the court where the case is
Whether or not an extension telephone is among the prohibited
seizure is applicable only against government
authorities
and alreadyfiled. devices
in Section 1 of RA 4200, such that its use to overhear a private
NOTtoprivateindividualssuchastheb arangaytanod. 2) OmnibusMotion conversation would constitute unlawful interception of
communicationsbetweenthetwopartiesusingatelephoneline.
8. In Del Castillo v. People, however, having been established 3) File a petition
for
certiorari
on
the
ground
of
grave
abuse
of
An extension telephone cannot be placed in the same category as
a
that the assistance of the barangay
tanods
were
sought by the discretion amounting to lack or excess of jurisdiction on the
dictaphone, dictagraph or
the
other devices enumerated in Section 1
police authorities who effected the search warrant, the same partofthejudgewhoissuedthesearchwarrant. of
RA No. 4200 as
the use thereof
cannot be considered as "tapping"
barangay tanods therefore acted as agents of persons in 4) Interpose a timely objection when the prosecution is the
wire or cable of
a telephone line. The telephone extension in this
authority. Thus, the constitutional proscription applied to case was not installed for
that
purpose. It
just happened to
be
there
formally offered the evidence during the trial for the
them. forordinaryofficeuse.
inadmissibility of the evidence. The failure to object to the
9. The complaint for warrantless searches charges no criminal illegality of the
arrest
does
not
include the
waiver to
object to
IntheMatterofPetitionforIssuanceof
offense. The remedy is civil under Article 32, in relation to theinadmissibilityoftheobjectsconfiscated.
WritofHabeasCorpusofCamiloSabio
Article2219(6)and(10)oftheCivilCode. 5) File a criminal case for violation of domicile or illegal
One important limitation on the Congress' power of inquiry
is
that
procurementofsearchwarrant. "the
rights
of
persons appearing in or affected by such inquiries shall
Polangcosv.People2019Division
6) Ask for
the
return
of
the
objects
confiscated
when
the
same
is berespected."Firstisther ighttoprivacy.
Polangcos' violations were
punishable
only
by
a city
ordinance
that
prescribesaspenaltycertainfines. not illegal. However, this can only be asked during the Zones of privacy are recognized and protected in our laws.
termination of
the
case
except when the objects confiscated are Within these zones, any form of intrusion is impermissible unless
In view of the foregoing, SPO2 Juntanilla thus conducted an illegal excused by law and in accordance with customary legal process. The
notincludedinthesearchwarrant.
search when he frisked Polangcos for
the
foregoing violations which meticulous regard we accord to
these zones arises not only from our
were punishable only
by fine. He had no reason to "arrest" Polangcos Effectsofillegaldetention conviction that the
right to privacy is a "constitutional right" and "the
because the latter's violation did not entail a penalty of right most valued by civilized men," but
also
from our
adherence to
imprisonment. It was thus not, as it could not have been, a search 1. The conspicuous illegality of the arrest cannot affect the
the
Universal Declaration of
Human Rights which mandates that, "no
incidental to a lawful arrest as
there was no,
as
there
could not have jurisdiction of the trial court, because even in instances not one
shall be subjected to
arbitrary interference with his privacy" and
beenany,lawfularresttospeakof. allowed by law, a warrantless arrest is not a jurisdictional "everyone has the right to the protection of the law against such
Ultimately, Polangcos must
be acquitted,
as
the
corpus
delicti
of
the defect, and any objection thereto is waived when the person interferenceorattacks."
crime,
i.e.
the
seized
drug,
is
excluded evidence, inadmissible in any arrestedsubmitstoarraignmentwithoutanyobjection. In
evaluating a claim for violation of the right to privacy, a court must
proceeding,includingthisone,againsthim. determine
Any evidence seized as a result of searches and seizures conducted in E.PrivacyofCommunicationsandCorrespondence 1. whether a person has exhibited
a reasonable
expectation
violation of Section 2, Article III of the 1987 Constitution is ofprivacyand,ifso,
inadmissible "for
any
purpose in any proceeding" in accordance with Section 3. The privacy of communication and correspondence 2. whether
that
expectation
has
been
violated
by unreasonable
theexclusionaryrulei nSection3(2),ArticleIII.
shallbeinviolablee xcept governmentintrusion.
Effectsofunreasonablesearchesandseizures a) uponlawfulorderofthecourt,or Applying this determination to these cases, the important
inquiries
are: first, did the directors and officers of Philcomsat Holdings
Remediesagainstunlawfulsearches b) when public safety or order requires otherwise, as
Corporation exhibit a reasonable expectation of privacy?; and second,
prescribedbylaw. didthegovernment violate such expectation?
1) File a motion to quash the search warrant and motion to
suppress evidence illegally obtained if a search warrant is Conceptofcommunications,correspondence The answers are in the negative. Petitioners were invited in the
issued and
the same is invalid. This motion is filed in the court Gaananv.I AC Senate's public hearing to deliberate on Senate Res. No. 455. The
inquiry focused on petitioners' acts committed in the discharge of
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their duties as officers and directors of the said corporations. intheitem.
first, that a person has exhibited an actual (subjective)
Consequently, they have no reasonable expectation of privacy over
expectationofprivacy;and Thus,
where the
employee used
a password on his computer, did not
matters involving their offices in a corporation where the
share
his
office
with
co-workers and
kept
the same locked, he
had
a
governmenthasinterest. second, that the expectation be one that society is prepared
to
legitimate expectation of privacy and any search of that space and
recognizeasreasonable(o bjective).
This goes to show that the right to privacy is not absolute where itemslocatedthereinmustcomplywiththeFourthAmendment.
there is an overriding compelling state interest. In Valmonte v. In
Mancusi v. DeForte which addressed the reasonable expectations
Assuming arguendo, in the absence of allegation or proof of the
Belmonte, the Court
remarked that as public figures, the Members of of private employees in the workplace, the US
Supreme Court held
aforementioned factual circumstances, that petitioner had at least a
the former Batasang Pambansa enjoy a more limited right to that a union employee had
Fourth Amendment rights
with regard
to
subjective expectation of
privacy in
his
computer
as
he
claims, such
privacy as compared to ordinary individuals, and their actions
are an office at union headquarters that he shared with other union
is negated by the presence of policy regulating the
use of
office
subjecttocloserscrutiny. officials.
computers,asinSimons.
That the Fourth Amendment equally applies to a government
Vivaresv.STC The CSC in this case had implemented a policy that put its employees
workplace was addressed in the 1987 case of
O'Connor v.
Ortega
on notice that they have no expectation of
privacy in
anything they
where a physician, Dr. Magno Ortega, who was employed by a state
Whether or not there was indeed an actual or threatened violation of create, store, send or receive on the office computers, and that the CSC
hospital, claimed a violation of
his
Fourth Amendment rights when
the right to privacy in the life, liberty, or security of the minors may monitor the use of the computer resources using both automated
hospital officials
investigating charges searched his office and seized
involvedinthiscase. or human means. This implies that on-the-spot inspections may be
personalitemsfromhisdeskandfilingcabinets.
done to
ensure that
the
computer resources were used only
for such
In
developing the
writ
of
habeas data, the
Court aimed to protect
an
In O'Connor the Court recognized that "special needs" authorize legitimatebusinesspurposes.
individual’s right to informational privacy, among others.
warrantless searches involving public employees for work-related
Availment of the writ requires the
existence of
a nexus between the On the reasonableness of the search conducted on petitioner's
reasons. The Court thus laid down a balancing test under which
right to privacy on the one hand, and the right to life, liberty or computer, it was conducted in connection with investigation of
government interests are
weighed against the
employee's reasonable
securityontheother. work-related misconduct prompted by an anonymous
expectationofprivacy.
letter-complaintaddressedtoChairpersonDavid.
Without an actionable entitlement in the first place to the right to
This Court, in Social Justice Society (SJS) v. Dangerous Drugs
informational privacy, a habeas data petition will not prosper. Is Exclusionaryrule
Board have also recognized the fact that there may be such
there a right to informational privacy in OSN activities of its
legitimate intrusion of privacy in the
workplace. The
employees'
users? Any evidence obtained in violation of this xxxx section shall be
privacyinterestinanofficeistoalargeextentcircumscribedby
TherighttoinformationalprivacyonFacebook inadmissibleforanypurposeinanyproceeding.
1) thecompany'sworkpolicies,
Before one can have an expectation of privacy in his or her OSN 2) the collective bargaining agreement, if any, entered into
by
activity, it is first necessary that said user, in this case the children managementandthebargainingunit,and
F.FreedomofSpeechandExpression
of petitioners, manifest the intention to keep certain posts
3) the
inherent
right of the employer to maintain discipline and
private, through the employment of measures to prevent Sec 4. No
law
shall be
passed
abridging the freedom of
speech,
of
efficiencyintheworkplace.
access thereto or to limit its visibility. And this intention can expression, or of the
press,
or
the
right
of
the people
peaceably to
materialize in cyberspace through the utilization of the OSN’s privacy Their privacy expectation in a regulated office environment is, in fine, assembleandpetitionthegovernmentforredressofgrievances.
tools. In other words, utilization of these privacy tools is the reduced; and a degree of impingement upon such privacy
has
been
manifestation, in cyber world, of
the
user’s invocation of
his
or her upheld. Sec 18. No person shall be detained solely by reason of his
righttoinformationalprivacy.
Here,therelevantsurroundingcircumstancestoconsiderinclude politicalbeliefsandaspirations.xxxx
Intrusion,whenandhowallowed 1) theemployee'srelationshiptotheitemseized;
Sec 8. The right of the people, including those employed in the
Pollov.David2011EnBanc 2) whether the item was in the immediate control of the
public and private sectors, to form unions, associations, or
employeewhenitwasseized;and
societiesforpurposesnotcontrarytolawshallnotbeabridged.
The existence of privacy right under prior decisions involved a 3) whether the employee took
actions
to
maintain
his
privacy
two-foldrequirement:
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Concept explain, and argue points which the speakers might want to
This primordial right calls for utmost respect, more so “when
communicate.
⭐TheDioceseofBacolodv.Comelec2015LeonenEnBanc what may be curtailed is the
dissemination
of
information to
make
These points become more salient when it
is
the
electorate,
not
the moremeaningfultheequallyvitalrightofsuffrage.”
Petitioners are not candidates. Neither do they belong to any candidates or the political parties, that speaks. Large tarpaulins,
political party.
COMELEC does not have the
authority to
regulate the therefore, are not analogous to time and place. They are Balancebetweenunbridledexpressionandliberty
enjoyment of the preferred right to
freedom of
expression exercised fundamentallypartofexpressionprotectedunderArtIII,Section4.
byanon-candidateinthiscase. Restrictions on speech
may be
resorted
to
by
the
state
for
reasons
Purposesoffreespeechdoctrines of public
order,
national
security,and other situations which impel
While it is true that the present petition assails not a law but an
opinion by the COMELEC Law Department, this court has applied There are
several
theories and
schools
of
thought that strengthen the thegovernmenttorepressthefreedomofspeech.
ArticleIII,Section4oftheConstitutioneventogovernmentalacts. needtoprotectthebasicrighttofreedomofexpression. Typesofregulation
Continuumofthought,speech,expression,andspeechacts First, this relates to the right of the people to participate in Priorrestraintandsubsequentpunishment
publicaffairs,includingtherighttocriticizegovernmentactions.
The right to freedom of expression applies to the entire Tordesillasv.Puno2018
continuum of speech from utterances made to
conduct
enacted,
and Proponents of the political theory on “deliberative
democracy”
even to inaction itself as a symbolic manner of
communication. In submit that
“substantial, open, and
ethical dialogue
is
a critical, WON the Advisory issued by the
respondents is
not
content-neutral
Ebralinag v. The Division Superintendent of Schools of Cebu andindeeddefining,featureofagoodpolity.” and thus constitutes prior restraint, censorship, and are
Justice Cruz discussed how the salute is a symbolic manner of content-restrictive, which resulted to a "chilling effect" in violation of
Second, free speech should be encouraged under the concept of a
communicationandavalidformofexpression: thefreedomofthepress.
marketplace of ideas. This theory was articulated by Justice
Freedom of speech includes the right to
be silent. Aptly has Holmes in that “the ultimate good desired is better
reached
by In as early as the 1935 Constitution, our jurisprudence has
it been said that the Bill of Rights that guarantees to the thefreetradeinideas.” recognizedfouraspectsoffreedomofthepress,towit:
individual the liberty to utter what is in his mind also guarantees Third, free speech involves self-expression that enhances human (1) freedomfrompriorrestraint;
to him the liberty not to utter what is not in his mind. The salute dignity. This right is “a means of assuring individual
is a symbolic manner of communication that conveys its (2) freedomfrompunishmentsubsequenttopublication;
self-fulfillment,”amongothers.
message as clearly as the written or spoken word. As a valid (3) freedomofaccesstoinformation;and
form of
expression, it cannot be compelled any more than it can Fourth,expressionisamarkerforgroupidentity.
(4) freedomofcirculation.
be prohibited in the face of
valid religious objections like
those Fifth, the Bill of Rights, free speech included, is supposed to
raised in this petition. To impose it
on
the petitioners is to deny “protect individuals and minorities against majoritarian abuses Prior restraint refers to official governmental restrictions on the
them the right not to speak when their religion bids
them to
be perpetratedthroughtheframeworkofdemocraticgovernance.” press or other forms of expression in advance of actual publication or
silent. This coercion of conscience has no place in the free dissemination. Freedom from prior
restraint is largely freedom from
society. Lastly, Free speech must be
protected
under safety
the valve government censorship of publications, whatever the form of
theory. This provides that “nonviolent manifestations of censorship, and regardless of
whether it
is
wielded by the executive,
The form of expression is just as important as the information
dissentreducethelikelihoodofviolence.” legislativeorjudicialbranchofthegovernment.
conveyed that it
forms
part
of the
expression. The present case
is
in
point. This court has held free speech and other intellectual freedoms as Thus,itprecludesg overnmentalactsthatrequired
“highly ranked in
our scheme of constitutional values.” These rights
Itiseasytodiscernwhysizematters. a) approvalofaproposaltopublish;
enjoyprecedenceandprimacy.
First,itenhancesefficiencyincommunication. b) licensing or permits as prerequisites to publication
In
the
hierarchy of
civil
liberties, the rights
of
free expression and of including the payment of license taxes for the privilege to
Second, the
size
of the tarpaulin may underscore the importance assembly occupy a preferred position as they are essential to the publish;and
ofthemessagetothereader. preservation and vitality of our civil and political institutions; and
c) eveninjunctionsagainstpublication.
such priority
“gives these liberties the sanctity and
the
sanction
not
Third, larger spaces allow for more messages. Larger spaces,
permittingdubiousintrusions.” Even the closure of the business and printing offices of certain
therefore, may translate to more opportunities to amplify,
newspapers, resulting in the discontinuation of their printing and
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publication, are
deemed as
previous restraint or censorship. Any law personalities, that resistance or disobedience to lawful orders of interest;
or official that requires some form of permission to be had
before authorities may result to criminal, and even administrative, 3. if the governmental
interest
is
unrelated
to
the
suppression
publication can be made, commits an infringement of the liabilities. offreeexpression;and
constitutionalright,andremedycanbehadatthecourts.
Contentbasedandcontentneutral 4. if the incident restriction on alleged [freedom of speech &
1. In Chavez, the Court struck down the statements made
by expression] is
no
greater
than is
essential to the furtherance
then DOJ
Secretary Gonzales and the NTC warning the media ⭐TheDioceseofBacolodv.Comelec2015LeonenEnBanc ofthatinterest.
on airing
the
alleged wiretapped telephone conversations of
The
right to
freedom of expression is indeed not absolute. Even some On
the first requisite, it is not within the constitutional powers of the
then President Arroyo, as constituting unconstitutional prior
forms of protected speech
are
still
subject to
some restrictions.
The COMELECtoregulatethetarpaulin.
restraintontheexerciseoffreespeechandofthepress.
degree of restriction may depend on whether the regulation is
2. In Primicias, the City Mayor of Manila's refusal to issue content-based or content-neutral. Content-based regulations can On the
second requirement, not only must the governmental interest
permit for a public
assembly was held
to
have
violated the either be
based on
the
viewpoint of
the
speaker or
the
subject
of the be important or substantial,
it
must also
be compelling
as
to
justify
freedomofexpression. expression. the restrictions made. Compelling governmental interest would
includeconstitutionallydeclaredprinciples.
3. In ABS-CBN Broadcasting Corporation v. COMELEC, the Content-based restraint or censorship refers to
restrictions “based
Court held that the COMELEC resolution totally prohibiting on the subject matter of the utterance or speech.” In contrast, The third requisite is likewise lacking. We look not only at the
the conduct of exit polls in the guise of promoting clean, content-neutral regulation includes controls merely on the legislative intent or motive in
imposing the
restriction,
but
more so
honest, orderly, and credible elections was annulled
as
the incidentsofthespeechsuchastime,place,ormannerofthespeech. at the effects of such restriction, if implemented. The restriction must
same is an absolute infringement of the constitutionally not be narrowly tailored to achieve the purpose. It must be
guaranteedrightsofthemediaandtheelectorate. Content-based regulation bears a heavy presumption of demonstrable. It must allow alternative avenues for the actor to
4. In Sanidad v. COMELEC, a provision in a COMELEC invalidity, and this court has used the clear and present danger makespeech.
resolution prohibiting the media to allow the use of a rule as measure. Under this rule, “the evil consequences sought to In
this
case,
the
size
regulation is not unrelated to the suppression of
column or radio or television time to campaign for or be
prevented must be substantive, ‘extremely serious
and
the
degree speech. Limiting the maximum size of the tarpaulin would render
against the
plebiscite issues as regards the ratification of the ofimminenceextremelyhigh.’” ineffective petitioners’ message and violate their right to exercise
act establishing the CAR, was declared null and void and Even with the clear and present danger test, respondents failed to freedomofexpression.
unconstitutional by the Court
as the same
restricts, without justify the regulation. There is no compelling and substantial state
justifiable reason, the choice of forum where one may The restriction
in
the
present
case
does
not
pass
even
the
lower test
interest endangered by the posting of the tarpaulin as to justify ofintermediatescrutinyforcontent-neutralregulations.
express his
view,
tantamount to a restriction of the freedom curtailment of
the
right
of
freedom of
expression. There is no reason
ofexpression. for the state to minimize the right of non-candidate petitioners to Incitementandadvocacy
5. In David, the Court declared as unconstitutional the post the
tarpaulin in
their
private
property. The
size
of
the
tarpaulin
warrantless search of the
Daily
Tribune offices, the seizure doesnotaffectanyoneelse’sconstitutionalrights. There are two categories of speech, the latter of which is a more
of materials for publication therein, the stationing of specific type of
the
former which is
directed to
produce imminent
If we apply the test for content-neutral regulation, the
questioned
policemen in the vicinity, and the arrogant warning of lawlessactionandwhichislikelytoinciteorproducesuchaction.
acts of COMELEC will not pass
the
three requirements for evaluating
government officials to media, among others, pursuant to
such restraints on freedom of speech. “When the speech restraints Specificityofregulationandoverbreadthdoctrine
President Arroyo's PP No. 1017 and GO No. 5, as the said
take the form of a content-neutral regulation, only a substantial
actsconstituteplaincensorship. Under this doctrine, the statute must be carefully drawn or be
governmental interest is
required for its validity,” and it is subject
There
is prior restraint when the government totally prohibits and/or onlytotheintermediateapproach. authoritatively construed to punish only unprotected speech and
in
some way,
restricts
the
expression of
one's
view
or the manner of notbesusceptibletoapplicationtoprotectedexpression.
This intermediate approach is based on the test that we
have
expressingoneself.T hereisnoneinthiscase.
prescribed in several cases. A content-neutral government SouthernHemisphereEngagementNetworkv.Anti-Terrorism
No other interpretation can
be
had
of
respondents'
pronouncements regulationissufficientlyjustified: Council2010EnBanconFacialChallenge
except that for being a reminder of
prevailing
provisions
of
the
law
and jurisprudence, applicable to all and not only to media 1. ifitiswithintheconstitutionalpoweroftheGovernment; A facial invalidation of a statute is allowed only in free speech
2. if it furthers an important or substantial governmental
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cases, wherein certain rules of constitutional litigation are rightly deterringsociallyharmfulconduct.
First — the prohibition unduly infringes on the citizen's fundamental
excepted.
By
its nature, the overbreadth doctrine has to necessarily apply a right
of
free speech
enshrined
in
the
Constitution. There is no public
The doctrine of vagueness
and
the
doctrine
of
overbreadth
do facial type of invalidation in order to plot areas of protected speech, interest substantial enough to warrant the kind of restriction involved
NOToperateonthesameplane. inevitably almost always under situations not
before
the
court, that inthiscase.
are impermissibly swept by the substantially overbroad regulation.
A
statute
or
act
suffers from
the
defect vagueness
of when it lacks All of the protections expressed in the Bill of Rights are important but
Otherwise stated, a statute cannot be properly analyzed for being
comprehensible standards that men of common intelligence must wehaveaccordedtofreespeechthestatusofapreferredfreedom.
substantially overbroad if the court confines itself only to facts as
necessarily guess at
its
meaning and
differ as
to its application. It is appliedtothelitigants. We have
also ruled that
the
preferred
freedom of
expression calls all
repugnanttotheConstitutionintworespects: the more for the utmost respect when what
may be
curtailed is
the
The most distinctive feature of the overbreadth technique is that
it
(1) it violates due process for failure to accord persons, dissemination of information to make more
meaningful the
equally
marks an exception to some of the usual
rules
of
constitutional
especially the parties targeted by it, fair notice of the vitalrightofsuffrage.
litigation.
conducttoavoid;and When faced with borderline situations where freedom to
speak by
a
Ordinarily, a particular litigant claims that a statute is
(2) it leaves law enforcers
unbridled
discretion
in
carrying out candidate or party and
freedom to
know on
the part of the electorate
unconstitutional as
applied to
him or her;
if
the
litigant
prevails, the
its provisions and becomes an arbitrary flexing of the are invoked against actions intended for maintaining clean and free
courts carve away the unconstitutional aspects of the law by
Governmentmuscle. elections, the police, local officials and COMELEC should lean in
invalidating its improper applications on a case to case basis.
favor of freedom. For in the ultimate analysis, the freedom of the
The overbreadth doctrine, meanwhile, decrees that a Moreover, challengers to
a law are not permitted to raise the rights of
citizen and the State's power to regulate are not antagonistic. There
governmental purpose to control or prevent activities third parties and can only assert their own interests. In overbreadth
can be
no free and honest elections if in the efforts to maintain them,
constitutionally subject to state
regulations
may
not
be
achieved by analysis, those rules give way; challenges are
permitted to
raise
the
thefreedomtospeakandtherighttoknowareundulycurtailed.
means which sweep unnecessarily broadly and thereby invade the rights of
third parties; and the
court invalidates the entire statute "on
areaofprotectedfreedoms. its face," not merely "as applied for"; so that the overbroad law National Press Club v. Comelec ruled that regulation of election
becomes unenforceable until a properly authorized court construes it activity has its limits. We examine the limits of regulation and not the
As distinguished from the vagueness doctrine, the overbreadth
morenarrowly. limits of free speech. Regulation of election campaign activity
may
doctrine assumes that individuals will understand what a statute
notpassthetestofvalidity
prohibits and will accordingly refrain from that behavior, even In
this
jurisdiction, the void-for-vagueness doctrine asserted under
thoughsomeofitisprotected. the due process clause has been utilized in examining the 1) if it is too general in its terms or not limited in time and
constitutionalityofcriminalstatutes. scopeinitsapplication,
A "facial" challenge is likewise different from an "as-applied"
challenge. In insisting on a facial challenge on the invocation that the law 2) if it restricts one's expression of belief in a candidate or
penalizes speech, petitioners contend that
the element
of
"unlawful one'sopinionofhisorherqualifications,
Distinguished from an as-applied challenge which considers only demand" in the definition of terrorism must necessarily be 3) ifitcutsofftheflowofmediareporting,and
extant facts affecting real litigants, a facial invalidation is an transmitted through some form of expression protected by the free
examination of
the
entire law, pinpointing its
flaws
and defects, not 4) if the regulatory measure bears no clear and reasonable
speechclause.
only
on the basis of its actual operation to the parties, but also on the nexuswiththeconstitutionallysanctionedobjective.
assumption or prediction that its very existence may cause others not The argument
does
not
persuade. What
the
law
seeks to penalize
Here, the posting of decals and stickers in mobile places like cars and
before the court to refrain from constitutionally protected speech or isc
onduct,notspeech. other moving vehicles does not endanger any substantial government
activities. interest. There is
no clear
public
interest threatened by such activity
Speechregulationinrelationtoelection
The vagueness and overbreadth doctrines, as grounds for a facial so
as
to
justify
the curtailment of
the
cherished citizen's right of free
challenge, are not applicable to penal laws. The allowance of a Adiongv.Comelec speechandexpression.
facial challenge in free
speech cases is
justified by the
aim
to
avert The COMELEC's prohibition on posting of decals and stickers on The right to property may be subject to a greater degree of
the "chilling effect" on protected speech, the exercise of which "mobile"
places whether public
or
private except in designated areas regulation but when
this
right is
joined by a "liberty"
interest,
should not
at
all
times
be
abridged.
This rationale is
inapplicable to provided for
by the COMELEC itself is null and void on constitutional the burden of
justification on
the part of the Government must
plain penal statutes that generally bear an "in terrorem effect" in grounds. be exceptionally convincing and irrefutable. The burden is not
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metinthiscase. achieved by
means
that
unnecessarily sweep its subject broadly,
The intermediate
approach has
been
formulated in this manner —
therebyinvadingtheareaofprotectedfreedoms.
Speechregulationinrelationtomedia Agovernmentalregulationissufficientlyjustified
On the other hand, a law or statute suffers from vagueness when
Davidv.Arroyo 1) ifitiswithintheconstitutionalpoweroftheGovernment;
it lacks comprehensible standards that men of common
intelligence must necessarily guess at
its
meaning and
differ
as 2) if it furthers an important or substantial governmental
The
best
gauge
of
a free
and democratic society rests in the degree of interest;
toitsapplication.
freedomenjoyedbyitsmedia.
The allowance of a review of a law or statute on its face in free speech 3) if the governmental
interest
is
unrelated
to
the
suppression
The search and seizure of
materials for
publication, the stationing of offreeexpression;and
cases is justified by the aim to avert the "chilling effect" on protected
policemen in the vicinity of the The Daily Tribune offices, and the
speech,theexerciseofwhichshouldnotatalltimesbeabridged. 4) if the incident restriction is no greater than is essential to the
arrogant warning of government officials to media, are plain
furtheranceofthatinterest.
censorship. It is that officious functionary of the repressive Restraints
on
freedom of
expression
are
also evaluated by either or a
government who tells the citizen that he may speak only if allowed to combinationofthefollowingtheoreticaltests,towit: Our point of inquiry focuses on the fourth criterion in the said
do so, and no more and no less than what he
is permitted to
say
on intermediate test, i.e., that the regulation should be no greater
(a) the dangerous tendency doctrine, which were used in
pain of punishment should he be so rash as to disobey. Undoubtedly, than what is essential to the furtherance of the
governmental
earlyPhilippinecaselaws;
The Daily Tribune was subjected to these arbitrary intrusions interest.
because of its anti-government sentiments. This Court cannot tolerate (b) the clear and present danger rule, which was generally
adheredtoinmorerecentcases;and By banning partisan political activities or
campaigning even during
the blatant disregard of a constitutional right even if
it
involves the
the
campaign period
within embassies, consulates, and other foreign
most defiant of our citizens. Freedom to comment on public affairs is (c) the
balancing
of
interests
test,
which
was
also recognized service establishments, regardless of whether it applies only to
essential to the vitality of a representative democracy. It is the duty of inourjurisprudence. candidates or whether the prohibition extends to
private persons, it
the courts to be watchful for the constitutional rights of the citizen,
When the speech restraints take the form of a content-neutral goes beyond the objective of maintaining order during the voting
and against any stealthy encroachments thereon. The motto should
regulation, only a substantial governmental interest is required period and ensuring a credible election. To
be
sure,
there can
be
no
alwaysbeo bstaprincipiis.
for its validity. Because regulations of this
type are
not
designed to legally acceptable justification, whether measured against the
suppress any
particular
message, they
are not subject to the strictest strictest scrutiny or the most lenient review, to absolutely or
Judicialanalysis,presumptionsandlevelsandtypesof
form of judicial scrutiny but an intermediate approach — unqualifiedly disallow one to campaign within our jurisdiction
scrutiny duringthecampaignperiod.
somewhere between the mere rationality that is required of any
Gonzalesv.Katigbak other law and the compelling interest standard applied to Section 36.8 of R.A. No. 9189 should be struck down for being
content-basedrestrictions. overbroad as it does not provide for well-defined standards,
The
power
to
exercise
prior
restraint
is
not
to
be
presumed,
rather
AsexplainedinC
havez, resulting to the ambiguity of its application, which produces a
thepresumptionisagainstitsvalidity.
chilling effect on the exercise of free speech and expression, and
1) a content-based regulation is evaluated using the clear ultimately, resulting to the unnecessary invasion of the area of
Nicolas-Lewisv.Comelec2019EnBanc andpresentdangerrule, protectedfreedoms.
At
issue
are
Section 36.8 of R.A. 9189, as amended by R.A. 10590 and 2) while courts will subject content-neutral restraints to
intermediatescrutiny. Specialtopicsinfreeexpressioncases
Section 74(II)(8) of the COMELEC Resolution No. 10035, which
prohibit the engagement of any person in partisan political Section 36.8 of R.A. No. 9189,
as
amended
by R.A.
No.
10590,
is
an Hatespeech
activitiesabroadduringthe30-dayoverseasvotingperiod. impermissible content-neutral regulation for being overbroad, Defined as speech intended to degrade, intimidate, or incite
violating,thus,thefreespeechclauseunderSection4,ArticleIII.
A facial review of a law or statute encroaching upon the freedom of violenceorprejudicialactionagainstcertainsocialgroupings.
speech on the
ground of overbreadth or vagueness is acceptable in The questioned provision is clearly a restraint on one's exercise of
Lawsagainsthatespeechcanbedividedinto
ourjurisdiction. the right to campaign or
disseminate campaign-related information.
The restraint, however, partakes
of
a content-neutral regulation as
it 1) Thoseintendedtopreservepublicorder;and
Under the overbreadth doctrine, a proper governmental
merely involves a regulation of the incidents of the expression,
purpose, constitutionally
subject
to
state
regulation,
may
not
be 2) Thoseintendedtoprotecthumandignity.
specificallythetimeandplacetoexercisethesame.
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Defamationandlibel legitimately treating with sex, and so it must be rejected as deal with the sexual fantasies of the adult population. It cannot be
⭐Belo-Henaresv.Guevarra2018 unconstitutionally restrictive of the freedoms of speech and press. denied though that the State as parens patriae is called upon to
On the other hand, the substituted standard provides safeguards manifestanattitudeofcaringforthewelfareoftheyoung.
The freedom of speech and of expression, like all constitutional adequatetowithstandthechargeofconstitutionalinfirmity.
freedoms, is
not absolute. While the freedom of
expression and the ⭐Pitav.CA
It is the
opinion of
this
Court that
to
avoid an
unconstitutional taint
right of speech and of the press are among the most zealously
on its creation, the power of respondent Board is limited to the
protected rights in
the Constitution, every person exercising them, as In People v.
Kottinger, the
Court laid
down the
test, in
determining
classification of films. It can, to safeguard other constitutional
the Civil Code stresses, is obliged to
act
with
justice,
give
everyone the existence of
obscenity, as
follows: "whether the
tendency of
the
objections, determine what
motion pictures are for general patronage
his due, and observe honesty and good faith. As such, the matter charged as obscene, is to deprave or corrupt those whose
and what may require either parental guidance or be limited to adults
constitutional right of
freedom of
expression may not be availed of minds are
open to
such
immoral influences and
into whose hands a
only. That is to abide by the principle that freedom of expression is
to broadcast lies or half-truths, insult others, destroy their publication or other article charged as being obscene may fall."
theruleandrestrictionstheexemption.
nameorreputationorbringthemintodisrepute. "Another test," so Kottinger further declares, "is that which shocks the
The test,
to repeat, to
determine whether freedom of expression may ordinaryandcommonsenseofmenasanindecency."
A punctilious scrutiny of the Facebook remarks complained of
be limited is the clear and present danger of an evil of a
disclosed that they were ostensibly made with malice tending to When does a publication
have
a corrupting
tendency, or when can it
insult and tarnish the reputation of complainant and BMGI. Calling substantive character that the State has a right to prevent. There besaidtobeoffensivetohumansensibilities?
complainant a "quack doctor," "Reyna ng Kaplastikan," "Reyna ng should be no doubt that what is feared may be traced to the
expression complained of. The causal connection must be
evident. It was People v. Padan y Alova that introduced to Philippine
Payola," and "Reyna ng Kapalpakan," and insinuating that she has
Also, there must be reasonable apprehension about its imminence. jurisprudence the "redeeming" element that should accompany
been bribing people to destroy respondent smacks of
bad
faith
and
reveals an intention to besmirch the name and reputation of The time element cannot be ignored. Nor does it suffice if such thework,tosaveitfromavalidprosecution.
complainant,aswellasBMGI. danger be only probable. There is the requirement of its being
Kalaw-Katigbak represented a marked departure
from Kottinger
in
well-nigh inevitable. The basic
postulate, therefore, as
noted earlier,
the sense that it measured obscenity in terms of the "dominant
Seditionandspeechinrelationtorebellion is that where the movies, theatrical productions, radio scripts,
theme" of
the work, rather than isolated passages, which were central
television programs, and other such media of expression are
When a fictitious suicide photo and letter were published in to Kottinger. Kalaw-Katigbak undertook moreover to make the
concerned — included as they are in freedom of expression —
newspapers of general circulation expressing disappointment in the determination of obscenity essentially a judicial question and as a
censorship, especially so if an entire production is banned, is
consequence, to
temper the
wide discretion Kottinger had given unto
Roxas administration and instructing a fictitious wife to teach their allowable only under the
clearest proof
of a clear and present danger
lawenforcers.
children to burn photos of the President, the Court
held that
such of
a substantive evil
to
public
safety, public morals, public health or
actconstitutesincitingtosedition. anyotherlegitimatepublicinterest. Miller v. California, which expressly abandoned Massachusetts,
established"basicguidelines,"towit:
Such utterance suggests or incites rebellious conspiracies or
riots The law,
however, frowns on
obscenity. In the applicable law, EO No.
876, reference was made to respondent Board "applying (a) whether 'the average person, applying contemporary
and tends to
turn
the
people against the
constituted
authorities, or
contemporary Filipino cultural values as standard," words standards'
would find
the
work, taken as a whole, appeals to
to provoke violence from opposition groups who may seek to theprurienti nterest;
which can
be
construed in an
analogous manner. Moreover, as far as
silence the writer, which is the sum and substance of
the
offense the question of sex and obscenity are concerned, it cannot be stressed (b) whether the work depicts or describes, in a patently
underconsideration.(E spuelasv.People) strongly that
the
arts and letters "shall
be under the
patronage of the offensive way, sexual conduct specifically defined by the
Obscenity/pornography State."Thatisaconstitutionalmandate. applicablestatelaw;and
Gonzalesv.Katigbak The ruling is to be limited to the concept of obscenity (c) whether the work, taken as a whole, lacks
serious
literary,
applicable to motion pictures. It is the consensus of this Court artistic,political,orscientificvalue.
The test is whether to the average person, applying that where television is concerned, a less liberal
approach calls
for
The Court is
not
convinced that the private respondents have shown
contemporary community standards, the dominant theme of observance. This is so because unlike motion pictures where the
the
required proof to
justify
a ban and to
warrant
confiscation of the
the material taken as
a whole appeals to prurient interest. The patrons have to pay
their
way,
television reaches every
home where
literature for which mandatory injunction had been sought below.
Hicklin test, judging obscenity by the effect of isolated passages upon there is
a set. Children then
will likely be among the avid viewers of
First of all, they were not possessed of a lawful court order: (1)
the most susceptible persons, might well encompass material the programs therein shown. It is hardly the concern of
the
law to
finding the said materials to be pornography, and (2) authorizing
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themtocarryoutasearchandseizure,bywayofasearchwarrant. criminal statute. With respect to such statute, the
established rule is contribution to public deliberation about some issue,” “fostering
that "one to whom application of a statute is
constitutional will
not informed and civic-minded deliberation.” On the other hand,
In Burgos v.
Chief
of Staff, AFP, we countermanded the orders of the
be heard to attack the statute on the ground that
impliedly
it
might commercial speech has been
defined
as
speech
that
does “no more
Regional Trial Court authorizing the search of the premises of We
also be taken as applying to other persons or other situations in thanproposeacommercialtransaction.”
Forum and Metropolitan Mail, two Metro Manila dailies, by reason of
whichitsapplicationmightbeunconstitutional.
a defective warrant. We have greater reason here to reprobate the The expression resulting from the content of the tarpaulin is,
questioned raid, in the complete absence of a warrant, valid or It
has
been
established
in
this jurisdiction that unprotected speech however,definitelypoliticalspeech.
invalid. The fact that the instant case involves an obscenity rap orlow-valueexpressionrefersto
makes it no different from Burgos, a political
case,
because,
and as Nationalemergencies
1) libelousstatements,
wehaveindicated,speechisspeech,whetherpoliticalor"obscene". The government may impose certain restrictions to protect itself
2) obscenityorpornography,
Wemakethisresume. againstutterancesintendedtoweakenitspowerofselfdefense.
3) falseormisleadingadvertisement,
1. The authorities must apply for the issuance of a search Speechofpublicofficers
4) insulting or
"fighting words," i.e., those which
by
their
very
warrant from a judge, if in their opinion, an obscenity rap is
utterance inflict
injury
or tend to incite an immediate breach Vasquezv.CA
inorder;
ofpeaceand
2. The authorities must convince the court that the materials Even if
the
defamatory statement is
false,
no
liability
can
attach if
it
5) expressionendangeringnationalsecurity.
sought to be seized are "obscene”, and pose a clear and relates to official conduct, unless the public official concerned
present danger of an evil substantive enough to warrant A
litigant who
stands charged under a law that regulates unprotected proves that the statement was made with actual malice — that is,
Stateinterferenceandaction; speech can still mount a challenge that a statute is
unconstitutional with knowledge that it was false or with reckless disregard of
3. The judge must determine whether or not the same are as it
is applied to him or her. In such a case, courts are left to examine whetheritwasfalseornot.
indeed "obscene:" the question is to be resolved on a the provisions of the law allegedly violated in light of the conduct
This is
the
gist
of
the
ruling
in
the landmark case of New York Times
case-to-casebasisandonHisHonor'ssounddiscretion. with which the litigant has been charged. If
the litigant prevails,
the
v.
Sullivan, which this
Court
has cited
with
approval in
several
of its
courts carve away the unconstitutional aspects of the law by
4. If, in
the
opinion
of
the
court,
probable
cause
exists,
it
may owndecisions.Thisisther uleof“actualmalice.”
invalidatingitsimproperapplicationsonacasetocasebasis.
issuethesearchwarrantprayedfor; In
this
case,
the
prosecution failed to
prove not only that the charges
5. The proper suit is then brought in the court under Article Commercialspeech made by petitioner were false but also that petitioner made them
201oftheRPC; ⭐TheDioceseofBacolodv.Comelec2015LeonenEnBanc with knowledge of
their
falsity
or with reckless disregard of whether
6. Any
conviction
is
subject to appeal. The appellate court may theywerefalseornot.
assess whether or not the properties seized are indeed Not all speech is treated the same. In Chavez v. Gonzales, this
"obscene". court discussed that some types of speech may be subject to Cognaterights
regulation:
Freedomofassembly
⭐Madrilejosv.Gatdula2019EnBanc Some types of speech may be subjected to some regulation by
Jacintov.CA
the State under its pervasive police power, in order that
it
may
SC
dismissed
the petition
on the ground
that
Ordinance No. 7780, an not be injurious to the equal rights of others or those of the Although the Constitution vests in public school teachers the right to
anti-obscenity law, cannot be facially attacked on the ground of community or society. The difference in treatment is expected organize, to assemble peaceably and to
petition the government for a
overbreadthb ecauseobscenityisunprotectedspeech. because the relevant interests of one type of speech, e.g., political redress of grievances, there is
no like
express provision granting
The
overbreadth and vagueness doctrines have special application speech,mayvaryfromthoseofanother,e.g.,obscenespeech. them the right to strike. Rather, the constitutional grant of the right
only to
free speech cases. They are
inapt for testing the validity of In the
United
States,
false
or
deceptive
commercial speech is to
strike is restrained by the proviso that its exercise shall be done in
penal statutes. The doctrines of
strict scrutiny, overbreadth, and categorized as unprotected expression that may be subject to accordancewithlaw.
vagueness are
analytical tools
developed for testing "on their faces" priorrestraint. There is no question as to the petitioners’ rights to peaceful
statutesinfreespeechcases. assembly to petition the government for a redress of grievances
We distinguish between political and commercial speech. Political
They cannot be made to do service when what is involved is a speech refers to speech “both intended and received as a and,
for
that
matter, to
organize or
form associations for
purposes
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not contrary to law, as well as to engage in peaceful concerted nor oppressive — would suffice to
validate
a law
which
restricts or bebrandedascriminalsonthatscore.
activities. These rights are guaranteed by no less than the impairs property rights.
On the
other hand,
a constitutional or
valid
The Court likewise considers the dispersal and arrest of the members
Constitution, particularly Sections 4 and 8 of the Bill of Rights, infringement of human rights requires a more stringent criterion,
of KMU et al. unwarranted. Apparently, their dispersal was done
Section2(5)ofArticleIX,andSection3ofArticleXIII. namely the existence of a grave and immediate danger of a
merely on the basis of Malacañ ang's directive canceling all
permits
substantiveevilw hichtheStatehastherighttoprevent.
As regards the right to strike, the Constitution itself qualifies its previously issued by local government units. This is
arbitrary. The
exercise with the proviso “in accordance with law.” This is a clear The
demonstration held
by petitioners was purely and completely an wholesale cancellation of all
permits to rally is a blatant disregard of
manifestation that
the state may, by law, regulate the use of this right, exercise of
their
freedom of expression in general and of their right of the principle that "freedom of assembly is not to be limited, much
or even deny certain sectors such right. EO 180 which provides assembly and of petition for redress of grievances in particular less denied, except on a showing of a clear and present danger of
a
guidelines for the exercise of the right of government workers to before the appropriate governmental agency, the Chief Executive, substantive evil that the State has a right to prevent." Tolerance is
organize, for instance, implicitly endorsed an earlier CSC circular againstthepoliceofficersofthemunicipalityofPasig. theruleandlimitationistheexception.
which “enjoins under pain of administrative sanctions, all
The respondent company is the one guilty of unfair labor practice. Moreover, under BP 880, the authority to regulate assemblies
government officers and employees from staging strikes,
Because the refusal on the part of the respondent firm to permit all its and rallies
is
lodged with the
LGUs. They have the power to issue
demonstrations, mass leaves, walkouts and other forms of mass
employees and workers to join the mass demonstration and the permits and to revoke such permits after
due notice and hearing on
action which will result in
temporary stoppage or
disruption of
subsequent separation of the eight (8) petitioners from the service the determination of the presence of
clear and present danger.
Here,
public service,” by stating that the Civil Service law and rules
constituted an unconstitutional restraint on their freedom of petitioners were not even notified and heard on the revocation of
governing concerted activities and
strikes in
the
government service
expression, freedom of
assembly and freedom
to
petition for
redress theirpermits.
shallbeobserved.
of grievances, the respondent firm committed an unfair labor
It is also settled in jurisprudence that, in general, workers in the practice. Bayanv.ErmitaonthePublicAssemblyActorBP880
publicsectordonotenjoytherighttostrike.
Davidv.Arroyo Freedom of assembly connotes the right of the people to meet
BMEmployeesv.PBM peaceably for consultation and discussion of matters of public
"Assembly" means a right on the part of the citizens to meet concern.
The freedoms of expression and of assembly as
well as
the right to peaceably for consultation in respect to public affairs. It is a
petition are included among the immunities reserved by the The sole justification for a limitation on the exercise of this
necessary consequence of our republican institution and
sovereign people. The rights of free expression, free assembly and right, so fundamental to
the
maintenance of democratic institutions,
complements the right of speech. As in the case of freedom of
petition, are not only civil rights but also political rights essential to is
the danger, of a character both grave and imminent, of a serious
expression, this right is not to be limited, much less denied, except on
man's enjoyment of his life, to his happiness and to his full and evil to public safety, public morals, public health, or any other
a
showing of a clear and present danger of a substantive evil that
completefulfillment. legitimatepublicinterest.
Congress has a right to prevent. In other words, like other rights
While
the
Bill
of
Rights also
protects
property rights, the primacy of embraced in the freedom of expression, the right to assemble is not B.P. No. 880 is not an absolute ban of public assemblies but a
human rights over property rights is recognized. Property and subject to previous restraint or censorship. It may not be restriction that simply regulates the time, place and manner of the
property
rights can
be
lost
thru
prescription;
but human rights are conditioned upon the prior issuance of a permit or authorization assemblies. This was adverted to
in
Osmeña v.
Comelec, where the
imprescriptible. from the
government authorities except, of course, if the assembly is a "c
Court referred to it as ontent-neutral" regulation of
the
time,
intended to be held in a public place, a permit for the use of such place,andmannerofholdingpublicassemblies.
In
the
hierarchy of
civil
liberties, the rights
of
free expression and of place,andnotfortheassemblyitself,maybevalidlyrequired.
assembly occupy a preferred position as they are essential to the A
fair
and impartial reading of
B.P. No. 880 thus readily shows that it
preservation and vitality of our civil and political institutions; and The ringing truth here is that petitioner David, et al. were arrested refers to
all kinds of public assemblies that would use public places.
such priority
"gives these liberties the sanctity and
the
sanction
not while they were exercising their right to peaceful assembly. They The reference to "lawful cause" does not make it content-based
permittingdubiousintrusions." were not committing any crime, neither was there a showing of a because assemblies really have to be for lawful causes, otherwise
clearandpresentdangerthatwarrantedthelimitationofthatright. they would not
be
"peaceable" and entitled
to
protection. Neither are
The superiority of these freedoms over property rights is the words "opinion," "protesting" and
"influencing" in
the
definition
underscored by the fact that a mere reasonable or rational Peaceable assembly for lawful discussion cannot be made a crime.
The holding of meetings for peaceable political action cannot be of
public assembly content based, since they can refer to any subject.
relation between the means employed by the law and its object The words "petitioning the government for redress of grievances"
or purpose — that the law is neither arbitrary
nor
discriminatory proscribed. Those who
assist in the conduct of such meetings cannot
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come from the wording of the Constitution, so its use cannot be the permit, since the applicant may directly go to court after an proportionate to
the legitimate aim pursued. Absent any compelling
avoided. Finally, maximum tolerance is for the protection and unfavorableactiononthepermit. state interest, it is
not
for the
COMELEC or this Court
to impose its
benefit of all rallyists and is independent of the content of the views on the populace. Otherwise stated, the COMELEC is
certainly
Respondent failed to indicate how he had arrived at modifying the
expressionsintherally. not
free to
interfere with speech for
no
better reason than promoting
terms of the permit against the standard of a clear and present
anapprovedmessageordiscouragingadisfavoredone.
Furthermore, the permit can only be denied on the ground of danger test which,
it
bears
repeating, is
an
indispensable condition
clear and present danger to public order, public safety, public tosuchmodification. This position gains even more force if one considers that homosexual
convenience, public morals or public health. This is a recognized conduct is
not
illegal
in this country. It follows that both expressions
It is true that the licensing official, here respondent Mayor, is not
exception to the exercise of the right even under the
UDHR
and
the concerning one's homosexuality and the activity of forming a
devoid of discretion in determining whether or not a permit would be
ICCPR. political association that supports
LGBT individuals are protected as
granted. It is not, however, unfettered discretion. While prudence
well.
There is, likewise, no prior restraint, since the content of the requires that there
be a realistic appraisal not of
what may possibly
speechisnotrelevanttotheregulation. occur but of what may probably occur, given all the relevant With respect to freedom of association for the advancement of ideas
circumstances, still the assumption - especially so where the and beliefs, in Europe, with its vibrant human rights tradition, the
Finally, Section 15 of the law provides for an alternative forum
assembly is
scheduled for
a specific
public place - is that the permit European Court
of
Human Rights (ECHR) has repeatedly stated that a
through the creation of freedom parks where no prior permit is
must be for the assembly being held
there.
The exercise of
such
a political party may campaign for a change in the law or the
needed for peaceful assembly and petition at any time. Considering right, in the language of Justice Roberts, speaking for the constitutional structures of a state if it uses legal and democratic
that the existence of such freedom parks is an essential part of
the American Supreme Court, is not to be "abridged on the plea means and the changes it proposes are consistent with democratic
law's system of regulation of the people's exercise of their right to thatitmaybeexercisedinsomeotherplace." principles. The ECHR has emphasized that political ideas that
peacefully assemble and petition, the Court is constrained to rule that challenge the existing order and whose realization is advocated by
after thirty (30) days from the finality of this Decision, no prior peaceful means must be
afforded a proper opportunity of expression
permit may be required for the exercise of such right in any public Freedomofassociation
through the exercise of the right of association, even if such ideas
park or plaza
of
a city
or
municipality until that city or municipality Art IX-B Sec 2(5). The right to self-organization shall not be denied may seem shocking or unacceptable to the authorities or the majority
shall have complied with Section 15
of the
law. For without such an togovernmentemployees. of the population. A political group should not be hindered solely
alternative forum, to deny the
permit would in effect be to deny the because it seeks to publicly debate controversial political issues
in
right. Advance notices should, however, be given to the authorities to Art
XIII
Sec
3 par
2.
It
shall
guarantee the
rights of all workers to
order to find solutions capable of satisfying everyone concerned.
ensurepropercoordinationandorderlyproceedings. self-organization, collective bargaining and negotiations, and Only if
a political
party incites violence or puts forward policies that
As
for
the CPR, the Court rules that in view of the maximum tolerance peaceful concerted activities, including the right to strike in are incompatible with democracy does
it
fall
outside
the
protection
mandated by B.P. No. 880, CPR serves no valid purpose if
it
means accordance with law. They shall be entitled to security of
tenure, ofthefreedomofassociationguarantee.
the same thing as maximum tolerance and is illegal if it means humane conditions of work, and a living wage. They shall also
To the extent, therefore, that the petitioner has been precluded,
something else.
Accordingly, what
is
to be
followed is and should be participate in
policy
and decision-making processes affecting their because of
COMELEC's action,
from
publicly expressing its
views as
that mandated by the law itself, namely, m aximum tolerance, rightsandbenefitsasmaybeprovidedbylaw. a political party and participating on an equal
basis
in
the
political
which specifically means the
highest degree of
restraint that the process with other equally-qualified party-list candidates, we find
military, police and other peace keeping authorities shall AngLadladLGBTPartyv.Comelec that there has, indeed, been a transgression of petitioner's
observe during a public assembly or in the dispersal of the fundamentalrights.
same. Under our system of laws, every group
has the
right
to
promote its
agenda and attempt
to persuade society of the validity of its position
through normal democratic means. It is in the public square that InReMarcialEdillon
IBPv.Atienza2010 deeply held convictions and differing opinions should be distilled
anddeliberatedupon. To
compel a lawyer to be a member of the Integrated Bar is not
In modifying the permit outright, respondent gravely abused his violative of his constitutional freedom to associate. Integration
discretion when he did
not
immediately inform the
IBP who should Freedom of
expression constitutes one of the essential foundations does not make a lawyer a member of any group of
which he is
not
have been heard first on the matter of his perceived imminent and of a democratic society, and this freedom applies not
only to
those already a member. He became a member of
the
Bar
when he passed
grave danger of a substantive evil that may warrant the changing of that are favorably received but also to those that offend, shock, or the Bar
examinations. All
that integration actually does
is
to provide
the venue. The opportunity to
be
heard precedes the action on disturb. Any restriction imposed in this sphere must be an
official national organization for the well-defined but unorganized
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andincohesivegroupofwhicheverylawyerisalreadyamember. methods leaving to
each
householder the full right to decide whether Initiatives for Dialogue and Empowerment through Alternative
he will receive strangers as visitors, that stringent prohibition can LegalServicesv.PSALM2012EnBanc
Bar integration does not compel the lawyer to associate with
serve no purpose but that forbidden by the constitution, the naked
anyone. He is free to attend or not attend the meetings of his Unlike the disclosure of
information which is mandatory under the
restrictionofthedisseminationofideas.
Integrated Bar
Chapter or
vote
or
refuse to
vote
in its
elections as he Constitution, the
other aspect of the people’s right to know requires a
chooses. The only compulsion to which he is subjected is the demand or
request for one to
gain
access to
documents and paper of
payment of annual dues. The Supreme Court, in order to
further
the TheProvinceofNorthCotabatov.GRP the particular agency. Moreover, the duty to disclose covers only
State's legitimate interest in elevating the quality of professional legal transactions involving public interest, while the duty to allow
The right of access to public documents, as enshrined in both the
services, may require that the cost of improving the profession in access has a broader scope of
information which embraces not only
1973 Constitution and the 1987 Constitution,
has been recognized as
this fashion be shared by the subjects and beneficiaries of the transactions involving public interest, but any matter contained in
aself-executoryconstitutionalright.
regulatoryprogram—thelawyers. official communications and public documents of the government
Undoubtedly, the MOA-AD subject of the present cases is of public agency. Such relief
must be
granted to
the
party
requesting access to
Freedomofinformation concern, involving
as
it
does
the
sovereignty and territorial integrity official records, documents and papers relating to official acts,
oftheState,whichdirectlyaffectsthelivesofthepublicatlarge. transactions, and decisions that are relevant to a government
Sec 7. The right
of
the people
to
information on
matters of
public contract.
Matters of
public concern covered by the right to information include
concern shall be recognized. Access to official records, and to
stepsandnegotiationsleadingtotheconsummationofthecontract.
documents, and papers pertaining to official acts, transactions, or Belgicav.ExecutiveSecretary2013EnBanc
decisions, as well
as to
government research
data used as basis for The right to information "contemplates inclusion of negotiations
leading to the consummation of the transaction." Certainly, a Case law instructs that the proper remedy to invoke the right to
policy development, shall be afforded the citizen, subject to such information is to file a petition for mandamus. As explained
in
the
consummated contract is not a requirement for the exercise of the
limitationsasmaybeprovidedbylaw. caseofLegaspiv.CivilServiceCommission:
right to information. Otherwise, the people can never exercise the
Therighttoinformationissubjecttocertainrecognized right if no contract is consummated, and if
one
is
consummated, it While the manner of examining public records may be subject to
restrictions: maybetoolateforthepublictoexposeitsdefects. reasonable regulation by the government agency in
custody thereof,
Intended as a "splendid symmetry" to
the
right
to information under the
duty
to disclose the information of
public concern, and
to afford
1) Nationalsecuritymattersandintelligenceinformation;
the
Bill of Rights is the policy of public disclosure under Section 28, access to public records cannot
be
discretionary on the
part of
said
2) Tradesecretsandbankingtransactions; agencies. Certainly, its
performance cannot be
made contingent upon
Article II
of the Constitution. The right to
information guarantees the
right of the people to demand information, while Section 28 the discretion of such agencies. Otherwise, the enjoyment of the
3) Criminalmatters;and
recognizes the duty of officialdom to give information even if nobody constitutional right may be rendered nugatory by any whimsical
4) Otherconfidentialinformation. exercise of agency discretion. The constitutional duty, not being
demands.
discretionary, its performance may be compelled by a writ of
Adiongv.Comelec
The complete and effective exercise of the right to information mandamusinapropercase.
We have to
consider the fact that in the posting of decals and stickers necessitates that its complementary provision on
public disclosure
on cars and other moving vehicles, the
candidate needs the consent derive the same self-executory nature. Since both provisions go PrivatizationandManagementOfficev.StrategicDevelopment
of
the owner of
the
vehicle. In such a case, the prohibition would not hand-in-hand, it
is
absurd to say that the broader right to information 2013
only deprive the owner who consents to such posting of
the decals on matters of public concern is already enforceable while the
correlative duty of the State to disclose its transactions involving The right to information allows the public to hold public officials
and stickers the use of his property but more important, in the
public interest is not enforceable until there is an enabling law. accountable to the people and aids them in engaging in public
process, it would deprive the citizen of
his
right to
free speech
Respondents cannot thus point to the absence of an discussions leading to the formulation of government policies and
andinformation:
implementing legislation as an excuse in not effecting such their effective implementation. By itself, it does not extend to causing
Freedom to distribute information to every citizen wherever he policy. the
award of
the sale
of
government assets in
failed
public biddings.
desires to receive it is so clearly vital to the preservation of
a free Thus, assuming that
Dong-A Consortium may access the
records for
society that,
putting aside reasonable police and health regulations of In
fine,
E.O.
No. 3 establishes petitioners' right to be consulted on the the purpose of validating the indicative price under the right to
time and manner of distribution, it must be fully preserved. The peace agenda, as
a corollary to the constitutional right to information information, it does not follow that respondent is entitled to the
danger of
distribution can so easily be controlled by traditional legal anddisclosure. award.
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This Court cannot condone the incongruous interpretation of the In Chavez v. Public Estates Authority, the
Court
has
ruled
that
the The constitutional right to information includes official
courts a quo that the public’s right to information merits both an right to information does not extend to matters acknowledged as information on on-going negotiations before a final contract.
explanation of
the
indicative price and an automatic award of the bid "privileged information under the separation of powers," which The information,
however, must
constitute definite propositions
toDong-AConsortium. include "Presidential conversations, correspondences, or by the government and should
not
cover
recognized exceptions
discussions during closed-door Cabinet meetings." Likewise like privileged information, military and diplomatic secrets
Serenov.CommitteeonTradeandRelatedMattersofNEDA2016 exempted from the
right to
information are "information on military andsimilarmattersaffectingnationalsecurityandpublicorder.
and diplomatic secrets, information affecting national security,
Deliberative process privilege is one kind of privileged
The constitutional guarantee to information does not open every and information on investigations of
crimes by
law
enforcement
information, which is within the exceptions of the constitutional
door to
any
and all
information, but
is
rather confined to
matters
of agenciesbeforetheprosecutionoftheaccused."
right to
information. The privileged character of the information does
public concern. It is subject
to
such limitations as
may
be
provided
Every claim of exemption, being a limitation on a right not end when an agency has adopted a definite proposition or when a
by law. The State's policy of full public disclosure is restricted to
constitutionally granted to
the people,
is
liberally construed in favor contract has
been perfected
or consummated; otherwise, the purpose
transactions involving public interest, and is tempered by reasonable
of disclosure and strictly against the claim of confidentiality. oftheprivilegewillbedefeated.
conditionsprescribedbylaw.
However, the claim of privilege as a cause for exemption from the
U.S.
courts have established two fundamental requirements for the
Two
requisites must concur
before the right to information may be obligation to disclose information must be clearly asserted by
deliberativeprocessprivilegetobeinvoked.
compelledbywritofmandamus. specifying the grounds for
the
exemption. In
case
of denial of access
to the information, it is the government agency concerned that has 1. First, the communication must be predecisional, i.e.,
Firstly, the
information
sought
must
be
in
relation
to matters of
the burden of showing that the information sought to be
obtained is "antecedenttotheadoptionofanagencypolicy."
publicconcernorpublicinterest. not a matter of public concern, or that the same is exempted from the 2. Second, the communication must be deliberative, i.e., "a
And, secondly, it
must
not
be
exempt
by
law from the operation coverage of the constitutional guarantee. We reiterate, therefore, that direct part of the deliberative process in that it makes
oftheconstitutionalguarantee. theburdenhasbeenwelldischargedherein. recommendations or expresses opinions on legal or policy
As to
the first
requisite, there is no rigid test in determining whether matters." It must reflect the "give-and-take of the
or
not a particular information is of public concern or public interest. DFAv.BCAInternational2016 consultativeprocess."
Both terms cover a wide-range of issues that
the public
may want to This case is one of first impression involving the production of The deliberative process privilege can also be invoked in arbitration
be
familiar with either because the issues have a direct effect on them evidence in an arbitration case where the deliberative process proceedingsunderRA9285.
or because the issues "naturally arouse the interest of an ordinary privilegeisinvoked.
citizen." As such, whether or
not the
information sought
is
of
public Deliberativeprocessprivilegecontainsthreepolicybases:
interest or public concern is left to the
proper determination of
the Thus,
DFA
insists
that
we
determine
whether
the
evidence
sought to first,theprivilegeprotectscandiddiscussionswithinanagency;
courtsonacasetocasebasis. besubpoenaediscoveredbythedeliberativeprocessprivilege.
second, it
prevents
public
confusion from premature disclosure
Here, the position of the petrochemical industry as an essential WehaveheldinC
havezv.PublicEstatesAuthoritythat: of agency opinions before the agency establishes final policy;
contributor to the overall growth of our country's economy easily Information, however, on on-going evaluation or
review
of
bids and
makestheinformationsoughtamatterofpublicconcernorinterest. or proposals being undertaken by the bidding or review third, it
protects
the
integrity
of an agency's decision; the public
The second requisite is that
the
information requested must not be committee is not immediately accessible under the right to should not
judge
officials
based
on information they considered
excluded by law
from the
constitutional guarantee. In that regard, the information. While the evaluation or review is still on-going, priortoissuingtheirfinaldecisions.
Court has already declared that the constitutional guarantee of the there are
no "official
acts, transactions, or decisions" on the bids
people's right to information does not cover national security or proposals. However, once the committee makes its official There is no express waiver of information forming part of DFA's
matters and intelligence information, trade secrets and recommendation, there arises a "definite proposition" on the predecisional deliberative or
decision-making process. Section 20.02
banking transactions and criminal matters. Equally excluded part of
the
government. From this
moment, the
public's
right to does not
state that
a party
to
the
arbitration is compelled to disclose
from coverage of the constitutional guarantee are diplomatic information attaches, and any citizen can access all the tothetribunalprivilegedinformationinsuchparty'spossession.
correspondence, closed-door Cabinet meeting and executive non-proprietary information leading to such definite Rights cannot be
waived if
it
is
contrary
to
law,
public order,
public
sessions of either house of Congress, as well as the internal proposition. policy,
morals, or
good customs, or prejudicial to a third person with
deliberationsoftheSupremeCourt.
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a
right recognized by law. There is a public policy involved in a claim not be restricted. This Court recognizes the fundamental right to Comelec during
the
transmission
of
election
results
originated
from
of deliberative process privilege — "the policy of open, frank information, which is essential to allow the citizenry to form thedevicesrecognizedbytheComelec.
discussion between subordinate and chief concerning administrative intelligent opinions and hold people accountable for their actions.
When the subject of the petition for mandamus relates
to
a public
action." Thus, the deliberative process privilege cannot be Accordingly, matters of public interest should not be censured for the
right such as the right to
information on matters
of
public
concern,
waived. sake of
an
unreasonably strict
application of the confidentiality rule.
and
when the object of
the petition is to compel the performance of a
Thus, in Palad v. Solis, this Court dismissed claims that the
As a qualified privilege, the burden falls upon the government public duty, the petitioner need not show that its interest on the
confidentiality rule had been violated, considering that the lawyer
agency asserting the
deliberative process
privilege to
prove
that the resultisexclusive.Itmaybesharedbythepublicingeneral.
thereinrepresentedamatterofpublicinterest.
information in
question satisfies both requirements — predecisional
For every person's fundamental right,
there
is
a corresponding duty
anddeliberative. As a general rule, disciplinary proceedings are confidential in nature
on
the part
of
government
to
recognize and protect it. In Valmonte v.
until their final resolution and the final decision of this Court.
Belmonte:
RecordsofPoliceDrugOperationsAlmorav.DelaRosa2018EnBanc However, in this case, the disciplinary proceeding against petitioner
became a matter of
public concern considering that it arose from his The right to information goes hand-in-hand with the
The Court is mandated to protect and enforce the
people's
right
to representation of his client on the issue of video voyeurism on
the constitutional policies of full public disclosure and honesty in
information. The undeniable fact that thousands of ordinary citizens internet. The interest of
the public is
not in
himself but
primarily in the
public service. It is meant to enhance the widening role of the
have been killed, and continue to be killed, during police drug his involvement and participation as
counsel of Halili in the scandal. citizenry in governmental decision-making as well in checking
operationscertainlyisamatterofgravepublicconcern. Indeed, the disciplinary proceeding against petitioner related to
his abuse in government.The policy of full public disclosure is
supposed conduct and statements made before the media in violation enshrinedinArticleII,Section28.
Contrary to the claim of the Solicitor General, the requested
of the CPR involving the controversy. Indeed, to keep controversial
information and documents do not obviously involve state secrets Like
other constitutional guarantees, the
right to information and the
proceedings shrouded in secrecy would present its own dangers. In
affecting national security. The information and documents relate policy of
full
public disclosure are not absolute. The People's right to
disbarment proceedings, a balance must be struck, due to the
to routine police operations involving violations of
laws against the information is limited by the nature and classification of the
demandsofthelegalprofession.
sale or use of illegal drugs. There is no showing that the country's information sought. The information should involve "matters of
territorial integrity, national sovereignty, independence, or foreign The confidentiality rule requires only that "proceedings against public concern" and should not be excluded by law from the
relations will be
compromised or prejudiced by
the release of
these attorneys" be kept private and confidential. It is the proceedings operation of the guarantee. In the same manner, the policy of full
information and documents to this Court or even to the public. These against attorneys that must be kept private and confidential. This public disclosure is
limited
to
transactions involving public interest
information and documents do not involve rebellion, invasion, would necessarily prohibit the distribution of actual disbarment andissubjecttoreasonableconditionsprescribedbylaw.
terrorism, espionage, infringement of our sovereignty or sovereign complaints to the press.
However, the
rule
does not extend so
far
Without a doubt, information on
the
conduct of
elections is a matter
rights by foreign powers, or any military, diplomatic or
state secret that it covers the mere existence or pendency of disciplinary
of public concern as it directly affects the lives of the People. The
involving national security. It is simply ridiculous to claim that these actions.
Commission on
Elections may be
compelled, through mandamus, to
information and documents on police operations against drug
Petitioner assails two
acts
as
violating
the
confidentiality rule:
first, make an inventory of and disclose the MAC and IP addresses and
pushers and users involve
national security matters so sensitive that
respondents' supposed public threats of filing a disbarment case IMSI and IMEI numbers of all electronic devices used during
even this Court cannot peruse these information and documents in
against him,
and
second, respondents' public statement that they had elections to the public. It
is
mandated to
enforce and administer all
deciding constitutional issues affecting the
fundamental right to
life
filedadisbarmentcomplaint. lawsandregulationsrelativetotheconductofanelection.
andlibertyofthousandsofordinarycitizens.
Where there
are
yet
no proceedings against
a lawyer, there is nothing
to keep private and confidential. Respondents' threats were made I-Popefrancisv.DBM2016
RighttoInformationandConfidentialityofDisbarmentProceedingsin
before November 4, 2014, and there was no proceeding to keep
Roque,Jr.v.AFPChiefofStaff2017LeonenDivision It
is
not
disputed that
PDAF disbursements and the
recipients of
the
private.
same constitute a matter of
public
concern or
public interest,
which
Disbarment proceedings are covered by what is known as the are not exempt
from the
operation of
the
constitutional guarantee of
confidentiality rule. The
confidentiality
rule
is
intended, in part, to Remedy for
Enforcement: J.
Leonen’s
Separate
Opinion
in Vitangcol III therighttoinformation.
prevent the use of disbarment proceedings as a tool to damage a v.Comelec2016EnBanc
lawyer'sreputationinthepublicsphere. Nevertheless, it is not proper to issue a writ of mandamus in the
Petitioners seek to determine whether the data received by the presentcase.
As a general principle, speech on matters of public interest
should
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(2) in deciding respondent's plea of exemption based on the Free Courtitselfcarvesoutanexemption.
Here, petitioners fail to establish that
respondent actually neglected
or refused to provide the information they requested. While Exercise Clause (from the law with which she is In permissive accommodation, the Court finds
that
the
State
may,
respondent has
the
duty to
give
the
public
access to the information, administratively charged), it is the compelling state butisnotrequiredto,accommodatereligiousinterests.
it has the discretion to ascertain the best way to disseminate, publish, interesttest,thestrictesttest,whichmustbeapplied.
Finally, when the Court finds no basis for a mandatory
orotherwisemakeavailablethesaidinformation. The benevolent neutrality theory believes that with respect to accommodation, or
it
determines that the legislative accommodation
The information petitioners seek are already posted on its
website, these governmental actions, accommodation of religion may be runs afoul of
the
establishment or the
free
exercise
clause, it
results
except that petitioners are unsatisfied because the names of the allowed, not to promote the government's favored form of
religion, to a prohibited accommodation. In this case, the
Court
finds that
recipients of the PDAF disbursements do not include their middle but
to
allow individuals and groups to exercise their religion without establishment concerns prevail over potential accommodation
names, making it more difficult to determine familial relations for hindrance. The purpose of accommodations is to remove a burden interests.
petitioners' purposes. It bears to stress that petitioners are not able to on, or facilitate the exercise of, a person's or institution's religion.
Thus, what is sought under the
theory of
accommodation is
not
a Given that a free
exercise
claim could
lead to
three different results,
present any law that specifically prescribes the medium by which
declaration of unconstitutionality of a facially neutral law, but an the question now remains as to how the Court should determine
respondent shall make such information available to
the public (i.e.,
exemption from its application or its "burdensome effect," whether which action to take. In this regard, it is the strict scrutiny-
through its website) and the form or content of the same (i.e., to
bythelegislatureorthecourts. compelling state interest test which is most in line with the
include middle names of the recipients). There is also no clear legal
benevolentneutrality-accommodationapproach.
mandate for respondents to identify familial relations and/or ThecasesofSherberta ndYoderl aidoutthefollowingdoctrines:
determine nepotism or political dynasties among the Similar to Victoriano, the present case involves purely conduct
recipients of the PDAF disbursements. In fact, as
of
yet,
there
is (a) free exercise clause claims were subject to heightened arising from religious belief. The "compelling state interest" test is
evennolawthatparticularlydefinesandgovernspoliticaldynasty. scrutiny or compelling interest test if government proper where conduct is involved for the whole gamut of human
substantiallyburdenedtheexerciseofreligion; conduct has different effects on the state's interests: some effects may
G.FreedomofReligion (b) heightened scrutiny or compelling interest test governed beimmediateandshort-termwhileothersdelayedandfar-reaching.
cases where the burden was direct, i.e., the exercise of The compelling state interest test involves
a three-step
process.
We
religion triggered a criminal or civil penalty, as well as cases explained this process in detail, by showing the questions which
Sec 5. No law shall be made respecting an establishment of
where the burden was indirect, i.e., the
exercise
of religion mustbeansweredineachstep,v iz:
religion, or prohibiting the free exercise thereof. The
free
exercise resultedintheforfeitureofagovernmentbenefit;and
and enjoyment of religious profession and worship, without First, Has the
statute
or
government
action
created
a burden
on
(c) the Court could carve
out accommodations or
exemptions
discrimination or
preference, shall forever be allowed. No religious thefreeexerciseofreligion?
from a facially neutral law of general application, whether
testshallberequiredfortheexerciseofcivilorpoliticalrights. generalorcriminal. Second, Is
there
a sufficiently compelling state interest to justify
Basicprinciples thisinfringementofreligiousliberty?
Sherbert and Yoder adopted a balancing test for free e xercise
Purpose jurisprudence which would impose a discipline to prevent Third, Has the state in achieving its legitimate purposes used the
manipulationinthebalancingofinterests. least intrusive means possible so that
the
free
exercise
is
not
⭐Estradav.Escritor infringed any
more than necessary to achieve the legitimate goal
Afreeexerciseclaimcouldresulttothreekindsofa
ccommodation:
ofthestate?
By invoking the religious beliefs, practices and moral standards of
(a) those
which are
found
to
be constitutionally compelled, i.e.,
her congregation, in
asserting that her conjugal arrangement does not As mentioned, what remained to be resolved, upon which remand
requiredbytheFreeExerciseClause;
constitute disgraceful and
immoral conduct for
which
she should be was necessary,
pertained
to
the
final
task of subjecting this case to
held administratively liable,
the Court had
to determine the contours (b) those which are discretionary or legislative, i.e., not required the careful
application of
the compelling state interest test, i.e.,
ofreligiousfreedomu nderArticleIII,Section5oftheConstitution. by
the
Free Exercise Clause but nonetheless permitted by the determining whether respondent is entitled to exemption, an issue
EstablishmentClause;and whichisessentiallyfactualorevidentiaryinnature.
Inresolvingclaimsinvolvingreligiousfreedom
(c) thosewhichthereligionclausesprohibit.
The free exercise of religion is
specifically
articulated as one of
(1) benevolent neutrality or accommodation, whether
Mandatory accommodation results when the Court finds that f undamental
the rights in our Constitution. It is a fundamental
mandatory or permissive, is the spirit, intent and framework
accommodation is
required
by
the Free Exercise Clause, i.e, when the right that
enjoys a preferred position in the hierarchy of rights — "the
underlyingthereligionclausesinourConstitution;and
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mostinalienableandsacredofhumanrights." such associations those
deemed unworthy of membership. Based on TaxExemption
this definition, an ecclesiastical affair involves the relationship
Hence, it is not enough to contend that the state's interest is
between the church and its members and relate to matters
of
faith, Art VI
Sec 28(3). Charitable institutions, churches and personages
important, because our Constitution itself holds the right to religious
religiousdoctrines,worshipandgovernanceofthecongregation.
freedom sacred. The State
must
articulate in
specific terms the state or convents appurtenant thereto, mosques, non-profit cemeteries,
interest involved in preventing the exemption, which must be To be concrete, examples of this so-called ecclesiastical affairs to and all lands, buildings, and improvements, actually,
directly,
and
compelling. which the
State cannot meddle are proceedings for excommunication, exclusively used for religious, charitable,
or
educational purposes
ordinations of
religious
ministers, administration of sacraments and shallbeexemptfromtaxation.
Thus, it is
not
the State's broad interest in "protecting the institutions
otheractivitieswithwhichattachedreligioussignificance.
of marriage and the
family," or
even
"in
the
sound
administration of
justice" that must be weighed against respondent's claim, but the The case at bar does not even remotely concern any of the abovecited PublicAidtoReligion
State's narrow interest in refusing to make an exception for the examples. While the matter at hand relates to the church and its
cohabitation which respondent's faith finds moral. In other religious minister it does not ipso facto give the case a religious Art VI Sec 29(2). No public money or property shall be
words, the government must do more than assert the objectives at significance. Simply stated,
what is involved
here
is
the
relationship appropriated, applied, paid,
or
employed, directly
or
indirectly,
for
risk if exemption is given; it must precisely show
how
and
to
what of the church as
an
employer and the minister
as
an employee. It
is the use, benefit, or support of any sect, church, denomination,
extent those objectives will be undermined if exemptions are granted. purely secular and has no relation whatsoever with the practice of sectarian institution, or system of religion, or of any priest,
This,theSolicitorGeneralfailedtodo. faith,worshipordoctrinesofthechurch. preacher, minister, other religious teacher, or dignitary as such,
The public morality expressed in the law is necessarily secular for Principleofseparationofchurchandstate except when such priest, preacher, minister, or dignitary is assigned
in our constitutional order, the religion clauses prohibit the state to the armed forces, or to any penal institution, or government
from establishing a religion, including the morality it sanctions. Operationofsectarianschools
orphanageorleprosarium.
Although the morality contemplated by laws is secular, benevolent
neutrality could allow for accommodation of morality based on Art XIV Sec 4(2). Educational institutions, other than those Non-establishmentclause
religion, provided it does not
offend compelling state
interests. The established by religious groups and mission boards, shall be ⭐Peraltav.PhilippineP ostalCorp2018EnBanc
jurisdiction of the Court extends only to public and secular owned solely by citizens of the Philippines or corporations or
morality. associations at least sixty per centum of the capital of which is Peralta assailed the constitutionality of the printing, issuance and
distribution of
the
INC commemorative centennial stamps, allegedly
Thus, we find that in this particular case and under these owned by such citizens. The Congress may, however, require
paidforbyPhilPostusingp ublicfunds.
distinct circumstances, respondent Escritor's conjugal increased Filipino equity participation in all educational
arrangement cannot be penalized as she has
made out a case institutions. The control and administration of educational Religious freedom as a constitutional mandate is not inhibition of
for
exemption from the law
based on
her
fundamental right to institutionsshallbevestedincitizensofthePhilippines. profound r
everence f
or r
eligion a
nd
i
s
n
ot
denial
o f
i ts
i nfluence
in
freedomofreligion. human affairs. Religion as a profession of faith to an active power
Religiousinstructionsinpublicschools thatbindsandelevatesmantohisCreatorisrecognized.
ConceptofReligion The right to religious profession and worship has a twofold
Art XIV Sec 3(3). At
the option expressed in writing by the parents aspect, viz., freedom to believe and freedom to act on one's
Austriav.NLRC
or
guardians, religion shall be allowed to be taught to their children beliefs. The first
is
absolute as
long
as
the
belief is
confined
within
The principle of separation
of
church
and
state
finds
no
application or
wards in
public elementary and
high
schools within the
regular the realm of thought. The second is
subject to
regulation where
the
inthiscase. class hours by instructors designated or
approved by the
religious beliefistranslatedintoexternalactsthataffectthepublicwelfare.
The case at
bar does not concern an ecclesiastical or purely religious authorities of the religion to which the children or wards belong, "Lemon
The test" uses a three-pronged test to adjudge whether the
affair as to bar the State from taking cognizance of the same. An withoutadditionalcosttotheGovernment. assailed governmental act violated
the
non-establishment clause,
as
ecclesiastical affair is "one that concerns doctrine, creed, or form follows:
or worship of the church, or
the
adoption and
enforcement within a 1. Thestatutemusthaveas ecularlegislativepurpose;
religious association of needful laws and regulations for the
government of the membership, and the power of excluding from 2. Its principal or primary effect must be one that neither
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advancesnorinhibitsreligion;and, ⭐ReValenciano2017EnBanc 1) Government must not prefer one religion over another or
3. The statute must NOT foster "an excessive government religionoverirreligion;
What is prohibited is the use of public money or property for the sole
entanglementw ithreligion.” 2) Government funds must not be applied to religious
purpose of benefiting or supporting any church. The prohibition
It
is
plain,
that the costs for the printing and issuance of the aforesaid contemplates a scenario where the appropriation is primarily purposes;
stamps were all paid for by INC. Any perceived use of
government intendedforthefurtheranceofaparticularchurch. 3) Governmentactionmustnotaidreligion;and
property, machines or
otherwise, is
de
minimis and
certainly do not
It has also been held that the aforecited constitutional provision 4) Government action must not result in excessive
amounttoasponsorshipofaspecificreligion.
"does not inhibit the use of public property for religious purposes entanglementwithreligion
First, there is no law mandating anyone to avail of the INC when the religious character of such use is merely incidental to a because these can violate voluntarism and breed
interfaith
commemorative stamps, nor is there any law purporting to
require temporary use which is available indiscriminately to the public in dissension.
anyone to
adopt the INC's teachings. The centennial celebration of the general." Hence, a public street may be used for a religious
Iglesia ni Cristo,
though arguably involves a religious institution, has procession even as
it
is
available for a civic
parade, in the same way
AngLadladLGBTPartyv.Comelec,supra.
asecularaspect. that a public
plaza
is
not
barred to a religious rally
if
it
may also
be
usedforapoliticalassemblage. At bottom, what our non-establishment clause calls for is
The printing of the INC commemorative stamp is no different.
It
is
simply an
acknowledgment of
INC's
existence
for
a hundred years. It In relation thereto, the phrase "directly or indirectly" refers to the "government neutrality in religious matters." Clearly,
doesnotnecessarilyequatetotheStatesponsoringtheINC. manner of appropriation of public money or property, not as to "governmental reliance
on
religious justification is inconsistent with
whether a particular
act
involves a direct or a mere incidental benefit this policy of
neutrality."
We thus
find
that
it
was
grave
violation
of
Indeed, what is prohibited is the State using its
resources
to
solely the non-establishment clause for the COMELEC to utilize the Bible
toanychurch.
benefitonereligion. andtheKorantojustifytheexclusionofAngLadlad.
The non-establishment clause reinforces the wall of separation
betweenChurchandState.Itsimplymeans The Assailed Resolutions have not identified any specific overt
CeldranyPamintuanv.People2018
immoral act performed by Ang Ladlad. Even the OSG agrees that
1) that the State cannot set up a Church; nor pass laws which "there should have been a finding by
the
COMELEC that
the
group's
The non-establishment clause is a reinforcement of the
aid one religion, aid
all
religion, or prefer one religion over membershavecommittedorarecommittingimmoralacts."
principle of
separation of church and state. It is not equivalent to
another nor force nor
influence a person to go
to or
remain
separation of
religion and state. It is not indifference nor denial of the As such, we hold that moral disapproval, without more, is not a
away from church against his will or
force him to profess a
religiousnatureoftheFilipinosociety. sufficient governmental interest to
justify
exclusion
of
homosexuals
beliefordisbeliefinanyreligion;
In this case, petitioner himself admitted that
Article 133 of
the RPC from participation in the party-list system. The denial of Ang
2) that the state cannot punish a person for entertaining or
"protects all
religion."
It
does not endorse nor give aid to one religion Ladlad's registration on purely moral grounds amounts more
professing religious beliefs or disbeliefs, for church
over the other. No excessive entanglement will result from the to a statement of dislike and disapproval of homosexuals,
attendanceornonattendance;
effectivity of Article 133 of the RPC
as
it
does not punish every act rather than a tool to further any substantial public interest.
which may be construed to
attack one
religion. It
only covers those 3) that no tax in any amount, large or small, can
be
levied
to Respondent's blanket justifications give rise to the inevitable
acts which are "notoriously offensive" to the
feelings of
the faithful. support any religious activity or institution whatever they conclusion that the COMELEC targets homosexuals themselves as
a
In
determining whether there was excessive entanglement of the State may be
called or
whatever
form they may
adopt or
teach or class, not because of any particular morally reprehensible act.
It
is
inchurchmatters,thefollowingfactorsareconsidered: practicereligion; thisselectivetargetingthatimplicatesourequalprotectionclause.
4) that the state cannot openly or secretly participate in the
1) the character and purposes of the institutions that are Freeexerciseclause
affairsofanyreligiousorganizationorgroupandviceversa.
benefited;
Its minimal sense is that the state cannot establish or sponsor an ⭐Valmoresv.Achacoso2017
2) thenatureoftheaidthattheStateprovides;and
officialreligion.
3) the resulting relationship between the government and the The Bill of Rights guarantees citizens the freedom to act on their
religiousauthority. In effect, what non-establishment calls for is government individual beliefs and proscribes government intervention unless
neutrality in religious matters. Such government neutrality may necessary to protect its citizens from injury or when
public safety,
In
this
case,
petitioner
and
the
OSG
have
not endeavored to establish besummarizedinfourgeneralpropositions: peace, comfort, or
convenience requires it. Thus, as faculty members
howtheStatecanbeundulyinvolvedwithchurchmatters.
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of
the
MSU-College of Medicine, respondents herein were duty-bound free
exercise of
religion. Such restraint, if allowed, may well justify concerns of public and secular morality. It cannot be judged
the
toprotectandpreservepetitionerValmores'religiousfreedom. requiring a permit before a church can make Sunday collections or based on personal bias, specifically those colored by particular
enforcetithing. mores. Nor should it be grounded on "cultural" values not
While in
some cases the
Court has
sustained government regulation
of religious rights, the Court fails to see in the present case how convincingly demonstrated to have been recognized in
the
realm
of
public order and safety will be served by the denial of petitioner IglesianiCristov.CA public policy
expressed in
the Constitution and the laws. At the same
Valmores' request for exemption. Neither is there any showing that time, the constitutionally guaranteed rights, such as the right to
We reject petitioner’s postulate that its religious program is per se privacy, should be observed to
the
extent
that
they protect behavior
petitioner Valmores' absence from Saturday classes would be
beyond review by the
respondent Board. Its
public broadcast on
TV thatmaybefrowneduponbythemajority.
injurious to the rights of others. Precisely, the 2010 CHED
of
its religious program brings it
out of
the bosom of internal belief.
Memorandum was issued to address such conflicts and prescribes Under
these
tests,
two
things
may
be
concluded
from the fact that an
Television is a medium that reaches even the eyes and ears of
theactiontobetakenbyHEIsshouldsuchcircumstancearise. unmarriedwomangivesbirthoutofwedlock:
children. The Court iterates the rule that
the e
xercise of religious
freedom can be
regulated by
the State when it will bring about the (1) if
the
father
of
the
child
is
himself unmarried, the woman is
Freedomtopropagatereligiousdoctrine
clear and present danger of
some substantive evil
which the State
is not ordinarily administratively liable for disgraceful and
duty bound to
prevent, i.e.,
serious detriment to
the more overriding immoralconduct.
AmericanBibleSocietyv.CityofManila interestofpublichealth,publicmorals,orpublicwelfare.
There is
no law which penalizes an unmarried mother under
The constitutional guaranty of the free exercise and enjoyment of those circumstances by reason of her sexual conduct or
religious profession and worship carries with it the right to Religiousbeliefandprivateemployment
proscribes the consensual sexual activity between two
disseminate religious information. Any restraint of such right can unmarried persons. Neither does the situation contravene
only be
justified
like
other restraints of freedom of expression on the Victorianov.ElizaldeRopeWorkers’Union any fundamental state policy as expressed in the
grounds that
there is a clear and present danger of any substantive Constitution, a document that
accommodates various
belief
evilwhichtheStatehastherighttoprevent. The constitutionality of
Republic Act
No.
3350 was questioned. The
systemsirrespectiveofdogmaticorigins.
said R.A. exempt employees from the application and coverage of
a
closed shop agreement-mandated in another law-based on religious (2) if the father of the child born out of wedlock is himself
ConcurringOpinionofJ.MendozainC
entenov.Villalon-Pornillos objections. A unanimous Court upheld the constitutionality of the married to a woman other than the mother, then there is
a
The solicitation of
donations for
the repair of a chapel is not covered law, holding that "government is not
precluded from pursuing valid cause for administrative sanction against either the father or
by P.D. No. 1564 which requires a permit for the solicitation of objectives secular in
character even if
the
incidental result would be themother.
contributionsfor"charitableorpublicwelfarepurposes." favorable to a religion or sect."
Interestingly, the secular purpose of
In such a case, the "disgraceful and immoral conduct"
the challenged law which the Court upheld was the advancement of
First, solicitation of contributions for the construction of a church is consists of having extramarital relations with a married
"theconstitutionalrighttothefreeexerciseofreligion."
not solicitation for "charitable or public welfare purpose" but for
a person. The sanctity of marriage is constitutionally
religious purpose, and a religious purpose is not necessarily a recognized and likewise affirmed by our statutes as a
Religiousbeliefandpublicemployment
special contract of permanent union. Accordingly, judicial
charitableorpublicwelfarepurpose.
Anonymousv.Radam employees have been sanctioned for their dalliances with
Second, the purpose of the Decree is to protect the public against married persons or for their own betrayals of the marital
fraud in view of
the
proliferation of
fund
campaigns for charity and The
distinction between public and secular morality as expressed — vowoffidelity.
other civic projects. On the other hand, since religious fund drives are albeit not exclusively — in the law, on the one hand,
and
religious
usually conducted among those belonging to the same religion, the morality, on the other, is important because the jurisdiction of the
need for public protection against fraudulent solicitations does not Court extends only to
public and secular morality. Thus, government H.LibertyofAbodeandFreedomofMovement
exist in
as
great
a degree
as
does the need for protection with respect action, including its proscription of immorality as expressed in
to solicitations for charity or civic projects so as to justify state Scopeandlimitations
criminal law like adultery or concubinage, must have a secular
regulation. purpose. Sec 6. The liberty of
abode and
of
changing
the same within
the
Third, to require a government permit before solicitation for For a particular conduct to constitute "disgraceful and immoral" limits prescribed by law
shall
not
be
impaired
except
upon lawful
religious purpose may be
allowed
is
to
lay
a prior restraint on the behavior under
civil
service laws,
it
must be regulated on account of orderofthecourt.
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Neither shall
the
right
to
travel
be
impaired
except
in
the interest explicitly providing for the restriction in a law. This is in deference to
There
must be
an
enabling law from which DOJ Circular No. 41 must
of the primacy of the right to
travel,
being a constitutionally-protected
derive its
life.
Unfortunately, all of the supposed statutory authorities
right and
not
simply a statutory right, that it can only be curtailed by
1) nationalsecurity, relied upon by the DOJ did not pass the completeness test and
alegislativeenactment.
sufficient standard test. The DOJ miserably failed to establish the
2) publicsafety,or
In Leave Division, Office of the Administrative Services
(OAS)
- existence of the enabling law that will justify the issuance of the
3) publichealth, Office of the Court Administrator (OCA) vs.
Wilma Salvacion
P. questionedcircular.
Heusdens, the Court enumerated the statutes which specifically
asmaybeprovidedbylaw. The exceptions to the right to travel are LIMITED to those stated
providefortheimpairmentoftherighttotravel,viz.:
inSection6,ArticleIIIoftheConstitution
Marcosv.Manglapus
1. The Human Security Act of 2010 or R.A. No. 9372. The
The power to issue HDO is inherent to the courts. The
courts may
It must be emphasized that the individual right involved is not
the law restricts the right
to travel of an individual charged with
issue a HDO against an
accused in
a criminal case
so that he may be
right to travel from the Philippines to other countries or within
the the crime of terrorism even though such person is out on
dealt with in accordance with law. It does not require legislative
Philippines. These are what the right to travel would normally bail.
conferment or constitutional recognition; it co-exists with the
grant
connote. Essentially, the
right
involved is
the
right to return to one's 2. The Philippine Passport Act of 1996 or R.A. No. 8239. ofjudicialpower.
country, a totally distinct right
under
international law, independent Pursuant to said law, the
Secretary
of Foreign
Affairs or
his
from,althoughrelatedto,therighttotravel. authorized consular officer may refuse the issuance of, The point is
that
the
DOJ may not justify its imposition of restriction
restrict the use of, or withdraw, a passport of a Filipino on the right to travel of the subjects of DOJ Circular No. 41 by
The right to return to one's country is not among the rights resorting to an analogy. Contrary to its claim, it does not have
specifically guaranteed in
the Bill of
Rights, which treats
only of citizen.
inherent power to issue HDO, unlike the courts, or to restrict the right
the liberty of abode and the right to travel, but it is our 3. The "Anti-Trafficking in
Persons Act
of
2003" or
R.A. No. totravelinanyway.
well-considered view that the right to
return may be considered, as a 9208. Pursuant to the provisions thereof, the [BI], in order to
generally accepted principle of international law and under our manage migration and curb trafficking in persons, issued
Constitution, is
part
of the
law of the land. However, it is distinct and MO 2011-011, allowing its
Travel
Control and
Enforcement
separate from the right to travel and enjoys a different protection Unit to "offload passengers with fraudulent travel
I.EminentDomain
under the International Covenant of Civil and Political Rights, i.e., documents, doubtful purpose of travel, including possible For an extensive discussion on the following topics, please refer to
againstbeing"arbitrarilydeprived"thereof. victimsofhumantrafficking"fromourports.
BasicConcepts>FundamentalPowers>EminentDomain.
4. The Migrant Workers and Overseas Filipinos Act of
Watch-listandholddepartureorders 1995 or R. A. No.
8042,
as
amended
by
R.A.
No.
10022. In 1. Concept
Genuinov.DeLima2018EnBanc enforcement of said law, the POEA may refuse to issue 2. Justcompensation
deployment permit to a specific country that effectively
The right
to
travel is
part
of the "liberty" of which a citizen cannot be preventsourmigrantworkerstoentersuchcountry. 3. Abandonmentofintendeduseandrightofrepurchase
deprived without due process of law. It is part and parcel of the 4. Expropriationbylocalgovernmentunits
5. The Act on Violence against Women and Children or R.A.
guarantee of freedom of movement that the Constitution affords its
No. 9262. The law restricts movement of an individual
citizens. It is apparent, however, that the right to travel is not
againstwhomtheprotectionorderisintended.
absolute. There are constitutional, statutory and inherent limitations J.Non-impairmentofContracts
regulating the
right to
travel. Section 6 itself provides that the right to 6. Inter-Country Adoption Act of 1995 or R.A. No. 8043.
travel may be impaired only in the interest of national security, Pursuant thereto, the Inter-Country Adoption Board may
Sec 10. No law impairing the obligation of contracts shall be
publicsafetyorpublichealth,asmaybeprovidedbylaw. issue rules restrictive of an adoptee's right to travel "to
protect the Filipino child from abuse, exploitation, passed.
The liberty of abode may only be impaired by a lawful order of the trafficking and/or sale or any other practice in connection
court and,
on the one hand, the right to travel may only be impaired PADPAOv.Comelec2017EnBanc
with adoption which is harmful, detrimental, or prejudicial
by a law that concerns national security, public safety or public tothechild." The non-impairment clause under Section 10, Article III of the
health. Therefore, when the exigencies of times call
for
a limitation
TheissuanceofDOJCircularNo.41hasnolegalbasis Constitution
is
limited in application to laws that derogate from prior
on the right to travel, the Congress must respond to the need by
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acts or contracts by
enlarging, abridging or
in
any manner changing Sec 11. Free access to the courts and quasi-judicial bodies and Such an inspection of the bodily features by the court or by
the
intention of
the
parties. There is
impairment if
a subsequent law
adequate legal assistance shall not be denied to any person by witnesses, can not violate the privilege, because it does not call
changes the terms of a contract between the parties, imposes new
reasonofpoverty. upon the accused as a witness — it does not call upon the defendant
conditions, dispenses with those agreed upon or withdraws remedies
for his testimonial responsibility. Mr.
Wigmore says that evidence
fortheenforcementoftherightsoftheparties. Peoplev.Rio obtained in
this
way from the
accused, is
not
testimony by his body
In
this
case,
PSAs' contracts with
their clients
are
not
affected in any WON a motion to withdraw appeal may be denied for the sole reason buthisbodyitself.
manner by the requirement of having to obtain from the
COMELEC ofinabilitytoretaintheservicesofcounsel.
written authority to bear, carry, and transport firearms outside of Villaflorv.Summers
their
residence or
place
of
work and in public places, during election YES. The Court can appoint a counsel de oficio to prosecute his
period.AllthatPSAsmustdoistosecuresuchauthority. appeal pursuant to Section
13
of
Rule
122 of
the
Rules of
Court and The court ordered Villaflor to submit to a pregnancy test. She
the
constitutional mandate provided in
Section 11 of Article III of the refused to
obey the
order
on the
ground that such examination of her
SWSandPulseAsiav.Comelec2015LeonenEnBanc 1987Constitution. person was a violation of the constitutional provision relating to
self-incrimination.
It is settled that the constitutional guaranty of non-impairment is This right to a counsel de oficio does
not
cease upon the conviction The
constitutional guaranty that
no person shall be compelled in any
limited by the exercise of the police power of the State, in the interest of
an accused by a trial court. It
continues, even during appeal, such criminal case to be a witness against himself is limited to a
of public health, safety,
morals and
general welfare. It
is
a basic rule that the duty of the court to assign a counsel de oficio persists where
prohibition against compulsory testimonial
in contracts that
the
law is
deemed written into the contract between an
accused interposes an intent to
appeal.
Even in a case, such as the
the parties. The incorporation of regulations into contracts is a one at bar,
where the accused had signified his intent to withdraw his
self-incrimination. The corollary to the proposition is that, on a
postulateofthepolicepoweroftheState. appeal, the court is required to inquire into the reason for the proper showing and under an order of the trial court, an ocular
withdrawal. inspectionofthebodyoftheaccusedispermissible.
The relation of the state's police power to the principle of
non-impairment of contracts was thoroughly explained in Ortigas
Beltranv.Samson
andCo.v.FeatiBank:
L.RightAgainstSelf-incrimination
While non-impairment of contracts is constitutionally The constitutional inhibition against self-incrimination is
guaranteed, the
rule
is
not
absolute,
since
it has to be reconciled directed not merely
to giving of oral testimony, but embraces as
Sec 17. No person shall be compelled to be a witness against
withthelegitimateexerciseofpolicepower. well
the
furnishing of
evidence by other means than by word of
himself. mouth, the divulging, in
short,
of
any fact
in
which
the
accused
We have
demonstrated that not only an important or substantial state hasarighttoholdsecret.
interest, but even a compelling one anchors Resolution No. 9674's Sec 12(3). Any confession or admission obtained in violation
of
requirement of disclosing subscribers to election surveys. It effects this
or
Section
17 hereof
shall
be inadmissible
in
evidence against Writing is
something more
than moving the
body, or the hand, or the
the constitutional policy of guaranteeing equal access to fingers; writing is not a purely mechanical act, because it
him.
opportunities for
public service and is
impelled by the imperative of requires the application of intelligence and attention; and in the
"fair"elections. Scopeandcoverage case at bar writing means that the petitioner herein is to furnish a
meanstodeterminewhetherornotheisthefalsifier.
As
a valid
exercise
of
COMELEC's
regulatory
powers, Resolution No. USv.TanTeng
9674 is correctly deemed written into petitioners' existing For the
purposes of
the
constitutional privilege, there
is
a similarity
The prohibition of
compelling a man in a criminal court to be a between one
who is
compelled to
produce a document, and one who
contracts. witness against
himself, is a prohibition of the
use of physical is compelled to furnish a specimen of his handwriting, for in
both
or moral compulsion, to
extort communications from him,
not cases, the witness is required to furnish evidence against
K.AdequateLegalAssistanceandFreeAccessto an exclusionofhisbodyasevidence,whenitmaybematerial. himself.
Courts Tan Teng was identified by Oliva as her rapist.
The
police
stripped Here the witness is
compelled to
write
and
create, by means of
him of clothing and swore that his
body bore
every
sign
of
the
fact the act of writing, evidence which does not exist, and which
thathewassufferingfromg onorrhea. mayidentifyhimasthefalsifier.
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In
the
case of Villaflor v. Summers, it was sought to exhibit something Chavezv.CA If he should wish to testify on his own behalf, however, he may do so.
already in
existence, while in
the
case
at
bar,
the question deals with This is his right. But if he does testify, then he "may be
Compulsion as it is understood here does not necessarily connote
something not yet in existence; in short, to create this evidence which cross-examinedasanyotherwitness."
the use of violence; it may be the product of unintentional
mayseriouslyincriminatehim.
statements. Pressure which operates to overbear his will, disable him It must however be made clear that if the defendant in a criminal
from making a free and rational choice, or impair his capacity for action be
asked a question which
might incriminate him, not for the
Peoplev.Olvis rational judgment would in our opinion be sufficient. So is moral crime with which he
is
charged, but
for
some other crime, distinct
coercion "tending to force testimony from the unwilling lips of
the from that of which he is accused, he may decline to answer that
The accused-appellants were denied their
right
to
counsel
not
once,
defendant." specific question, on the strength of the right against
but twice. We refer to the forced re-enactment of the crime the
self-incrimination.
threeaccusedweremadetoperformshortlyaftertheirapprehension. Petitioner, as
accused,
occupies a different
tier of
protection from an
Forced re-enactments, like uncounselled and coerced ordinary witness. Whereas an ordinary witness may be compelled to In fine, a person suspected of having committed a crime and
confessionscomewithinthebanagainstself-incrimination. take the witness stand and claim the privilege as each question subsequently charged with its commission in court, has the
requiring an incriminating answer is shot at
him, an
accused may following rights in
the matter of his testifying or producing evidence,
This constitutional
privilege has
been defined as a protection against
altogether refuse to take the witness stand and refuse to towit:
testimonial compulsion, but this has since been extended to any
answeranyandallquestions. 1) BEFORE THE CASE IS FILED IN COURT, but after having been
evidence "communicative in nature" acquired under circumstances
of duress. Essentially, the right is meant to "avoid and prohibit And the guide in
the
interpretation of
the
constitutional precept
that taken into custody or otherwise deprived of his liberty in
positively the repetition and recurrence of the certainly inhuman the accused shall not be compelled to furnish evidence against some significant way, and on being interrogated by the
procedure of
compelling a person, in
a criminal or any other case, to himself "is
not
the
probability of
the evidence but it is the capability police: the continuing right
to
remain silent and to counsel,
furnishthemissingevidencenecessaryforhisconviction." ofabuse." and to be informed thereof, not to be subjected to force,
violence, threat, intimidation or any other means which
Thus, an
act,
whether
testimonial or passive,
that would amount to We
have no hesitancy in saying that petitioner was forced to testify to vitiates the free will; and to have evidence obtained in
disclosure of incriminatory facts is covered by the inhibition
of
the incriminate himself, in full breach of his constitutional right to violationoftheserightsrejected;
Constitution. remain silent. It
cannot be said now that
he
has waived
his right. He
did
not volunteer to
take the stand and in his own defense; he did not 2) AFTERTHECASEISFILEDINCOURT
This should be distinguished, parenthetically, from mechanical acts
offer himself as a witness; on the contrary, he claimed the right upon a) torefusetobeawitness;
the accused is made to execute not meant to unearth undisclosed
being called to testify. If petitioner nevertheless answered the b) not
to
have
any
prejudice
whatsoever
result
to
him
facts but to ascertain physical attributes determinable by simple
questions in
spite of
his
fear of being accused of perjury or being put bysuchrefusal;
observation. Thisincludes
under contempt, this circumstance cannot be counted against him.
1. requiring the accused to submit to a test to extract virus c) to testify in his own behalf, subject to
His testimony is not of his own choice. To him it was a case of
fromhisbody, cross-examinationbytheprosecution;
compelledsubmission.
2. orcompellinghimtoexpectoratemorphinefromhismouth, 3) WHILE TESTIFYING, to
refuse
to
answer a specific question
which tends to incriminate him for some crime
other
than
3. ormakinghersubmittoapregnancytest Peoplev.Ayson
thatforwhichheisthenprosecuted.
4. orafootprintingtest, The right against self-incrimination is not self-executing or
5. or requiring him to take part in a police lineup in certain automatically operational. It must be
claimed. If
not
claimed by
or Alihv.Castro
cases. in behalf of the witness, the protection does
not come into
play. It
follows that the right
may be
waived, expressly, or impliedly, as by a As the search of the petitioners' premises was violative of the
Ineachcase,theaccuseddoesnotspeakhisguilt. Constitution, all
the
firearms
and
ammunition taken
from the
raided
failuretoclaimitattheappropriatetime.
But a forced re-enactment is quite another thing. Here, the accused compound are inadmissible in evidence in any of the proceedings
The right of the defendant in a criminal case "to be exempt from being against the petitioners. These articles are "fruits
of
the
poisonous
is not merely required to exhibit some physical characteristics; by
a witness against himself” signifies that he cannot be
compelled to tree."
and large, he is made to admit criminal responsibility against his
testify or produce evidence in the criminal case in which he
is
the
will. It is a police procedure just as condemnable as an uncounselled The objection to the photographing, fingerprinting and
accused,oroneoftheaccused.
confession.
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paraffin-testing of the petitioners deserves slight comment. The couched as has been held, "reasonableness" is the touchstone
and of the right against self-incrimination. The accused may be
prohibition against self-incrimination applies to testimonial ofthevalidityofagovernmentsearchorintrusion. compelled to submit to a physical examination to determine his
compulsion only. As Justice Holmes put it in Holt v. US, "The involvementinanoffenseofwhichheisaccused.
prohibition of compelling a
man
in
a criminal court to
be a witness The first factor to consider in the matter of reasonableness is the
against himself is a prohibition of the use of physical or moral nature of the privacy interest upon which the drug testing
intrudes. In this case,
the
employees' privacy interest in an
office is Cabalv.Kapunan,Jr.
compulsion to
extort communications from
him, not
an exclusion of
hisbodyasevidencewhenitmaybematerial." to a large
extent circumscribed by the
company's work policies, the Proceedings for forfeiture of property are deemed criminal
or
collective bargaining agreement, if
any, entered into
by management penal,
and, hence,
the
exemption of
defendants in criminal case
and the bargaining unit, and the inherent right of the employer to from the obligation to be witnesses against themselves are
SJSv.DDBreMandatoryDrugTesting maintain discipline and efficiency in the workplace. Their privacy applicablethereto.
The drug
test
prescribed under Sec.
36(c), (d), and (f) of RA 9165 for expectation in
a regulated office
environment is, in fine, reduced; and
adegreeofimpingementuponsuchprivacyhasbeenupheld. Thus, in
Boyd v.
US, it was held that the information, in a proceeding
secondary and tertiary level students and public and private
to
declare a forfeiture of certain property because of
the evasion of a
employees, while mandatory, is a random and suspicionless Taking into account the foregoing factors, i.e., the reduced expectation certain revenue law, "though technically a civil proceeding, is
in
arrangement. The primary legislative intent is not criminal of
privacy on the
part of the employees, the compelling state concern substance and effect a criminal one", and that suits
for
penalties
prosecution, as
those
found positive for illegal drug use as a result of likely to
be met by the search, and the well-defined limits set forth in and forfeitures are
within the
reason of
criminal proceedings for
the
this random testing are not necessarily treated as criminals. They the law to properly guide authorities in the conduct of the random purposes of that portion of
the
Fifth Amendment of
the
Constitution
may even be exempt from criminal liability should the illegal
drug testing, we hold that the challenged drug test
requirement is,
under of the U.S. which declares that no person shall be compelled in a
userconsenttoundergorehabilitation. thelimitedcontextofthecase,reasonableand,ergo,constitutional. criminalcasetobeawitnessagainsthimself.
What
can
reasonably
be
deduced
from the
US
cases of Vernonia and Unlike the situation covered by
Sec.
36(c)
and
(d)
of
RA
9165,
BoardofEducationandappliedtothisjurisdictionare: the Court finds no valid justification for mandatory drug testing ⭐Calidav.TrillanesIV2019LeonenEnBanc
(1) schools and
their
administrators
stand
in loco parentis with forpersonsaccusedofcrimes.
respecttotheirstudents; The power
of
legislative
inquiry must
be
carefully balanced with the
We
find the situation entirely different in the case of persons charged private rights of those affected. A person's right against
(2) minor students have contextually fewer rights than an adult, before the public prosecutor's office with criminal offenses. The self-incrimination and
to
due
process
cannot be
swept aside in favor
and are subject to the custody and supervision of their operative concepts in
the
mandatory drug testing are "randomness" ofthepurportedpublicneedofalegislativeinquiry.
parents,guardians,andschools; and "suspicionless." In the case of persons charged with a crime
before the prosecutor's office,
a mandatory drug
testing can never be It
must be
stressed that
persons invited to appear before a legislative
(3) schools, acting in
loco parentis, have a duty to safeguard the
randomorsuspicionless. inquiry do so as resource persons
and
not as
accused
in
a criminal
health and well-being of
their
students and
may adopt
such
proceeding. Thus, they should be accorded respect and courtesy
measures as
may reasonably be necessary to discharge such To impose mandatory drug testing on the accused is a blatant attempt since they were under no compulsion to accept the invitation
duty;and to
harness a medical test
as
a tool for criminal prosecution, contrary extendedbeforethem,yettheydidsoanyway.
(4) schools have the right to impose conditions on applicants to the
stated objectives of
RA 9165. Drug testing
in
this
case
would
foradmissionthatarefair,just,andnon-discriminatory. violate a persons' right to privacy. Worse still, the accused persons Immunitystatutes
areveritablyforcedtoincriminatethemselves.
Guided by Vernonia and Board of Education, the Court is of the
view and so holds that the provisions of RA 9165 requiring RA 1379, SEC. 8. Protection against self-incrimination.—
Application
mandatory, random, and suspicionless drug testing of students are Neither the respondent nor any
other person shall be excused from
constitutional. Peoplev.Yatar attending and testifying or from producing books, papers,
Just as in the case of secondary and tertiary level students, the A person may be compelled to submit to fingerprinting, correspondence, memoranda and other
records on the
ground that
mandatory but random drug test prescribed by Sec. 36 of RA 9165 for photographing, paraffin, blood and DNA, as there is no testimonial the testimony or evidence, documentary or
otherwise, required of
officers and employees of public and private offices is justifiable, compulsion involved. Under
People v. Gallarde, where immediately him may tend to incriminate him or subject him to prosecution; but
albeitnotexactlyforthesamereason. after
the
incident, the
police
authorities took
pictures
of
the accused no individual shall be prosecuted criminally for or on account
of
without the
presence of counsel, we ruled that there was no violation any transaction, matter
or
thing concerning which he is compelled,
As the warrantless clause of Sec. 2, Art III of the Constitution is
after having claimed his privilege against self-incrimination, to
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testify or
produce
evidence, documentary or
otherwise, except that
personarrestedsubmitstoarraignmentwithoutobjection.
such individual so
testifying
shall not
be
exempt from prosecution 7. He must be informed that he has
the
right
to
waive
any
of
said
and conviction for perjury or false testimony committed in so There was no violation of appellant's right to counsel during rights provided it is made voluntarily, knowingly and
testifyingorfromadministrativeproceedings. custodial investigation. The records show that appellant was intelligentlyandensurethatheunderstoodthesame;
informed of
his
constitutional rights when
he
was arrested. Since he
8. In
addition, if
the person arrested waives his right to a lawyer, he
Galmanv.Pamaran chose to remain silent,
he
was not
interrogated and no
statement or
must be informed that it must be done in writing AND in the
evidence was extracted from him; neither was any evidence
presence of counsel, otherwise, he must be warned that the
Immunity statutes may
be generally classified
into
two: one, which presented in court that was supposedly obtained from him during
waiver is void even if he insist on his waiver and chooses to
grants "use immunity"; and the
other,
which
grants what is
known custodialinvestigation.
speak;
as"transactionalimmunity".
Peoplev.Mahinay 9. That the
person arrested must be informed that
he
may indicate
The distinction between the two is as follows: "Use immunity"
in any manner at any time or stage
of
the
process that
he
does
prohibits use of witness' compelled testimony and its
fruits in
any
It is
high-time
to
educate our
law-enforcement agencies
who
neglect not wish to
be questioned with warning that once he makes such
manner in connection with the
criminal prosecution of
the
witness.
either by ignorance or indifference the so-called Miranda rights indication, the police may not interrogate him if the same had
On the other hand, "transactional immunity" grants immunity to
which had become insufficient and which the
Court
must
update
in not yet commenced, or the interrogation must ceased if it has
the
witness from prosecution for
an
offense
to
which his compelled
thelightofnewlegaldevelopments: alreadybegun;
testimonyrelates.
1. The person arrested, detained, invited or under custodial 10. The person arrested must be informed that
his
initial
waiver of
investigation must be informed in a language known to and his
right to remain silent, the right to counsel or any of his rights
M.RightsofPersonsUnderCustodialInvestigation does not bar him from invoking it at any time during the process,
understood by him of the reason for the arrest and
he
must
be
shownthewarrantofarrest,ifany; regardless of
whether he
may have answered some questions or
Sec 12. Any person under
investigation
for
the
commission
of
an volunteeredsomestatements;
2. He must be
warned
that
he
has
a right
to
remain
silent
and
that
offenseshallhavetherighttobeinformedofhisright 11. He
must
also
be informed that
any
statement or evidence, as the
anystatementhemakesmaybeusedasevidenceagainsthim;
a) toremainsilentand case may be, obtained in violation of any of the foregoing,
3. He must be informed that he has the right to be
assisted
at
all whether inculpatory or
exculpatory, in
whole or
in part, shall be
b) to have competent and independent
counsel
preferably
of times and have the presence of an independent and competent inadmissibleinevidence.
hisownchoice. lawyer,preferablyofhisownchoice;
If the person cannot afford the services of counsel, he must be 4. He must be informed that if he has no lawyer or cannot afford the Peoplev.Turla
providedwithone. services of a lawyer, one will be provided for him; and that a
lawyer may also be
engaged by
any person in his behalf, or may The Court agrees with counsel for the accused-appellant that the
No
torture,
force,
violence, threat, intimidation, or any other means be
appointed by the court upon petition of the person arrested or Receipt for
Custody is
inadmissible in evidence, as
it
was signed by
oneactinginhisbehalf; the accused during custodial investigation without the assistance of
whichvitiatethefreewillshallbeusedagainsthim.xxxx
counsel of his choice and
without having been first informed of
his
Availability 5. That
whether
or not
the person arrested has a lawyer, he must be constitutional right to silence and to counsel. The said Receipt is a
informed that no custodial investigation in any form shall be declaration against interest and a tacit admission of the crime
"Custodial investigation" shall include the practice of issuing an conducted except in the presence of
his
counsel or
after
a valid charged, since mere unexplained possession of prohibited drugs is
"invitation" to a person who is investigated in connection with an waiverhasbeenmade; punished by law. The Receipt is in the same category as
offense he is suspected to have committed, without prejudice to the 6. The person arrested must be informed that,
at
any time, he
has extra-judicialconfessionsoutlawedbytheConstitution.
liabilityofthe"inviting"officerforanyviolationoflaw. the
right
to communicate or confer by the most expedient means
with his lawyer, any member of his immediate family, or any Requisites
Peoplev.MorenoyTazon2020Division medical doctor, priest
or
minister chosen by
him or by
any one Peoplev.FernandezyDelaVega2018Division
from his immediate family or by his counsel, or be visited
Even assuming that appellant's arrest was irregular, still,
it
is
not
a by/conferwithdulyaccreditednationalorinternationalNGO; It is settled that for an extrajudicial confession to be
admissible
in
jurisdictional defect, and objection thereto is waived where the evidenceagainsttheaccused,thesamemustbe
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(a) voluntary, questioning. If the lawyer were one furnished in the accused's behalf,
In
the
case of
People
v.
Bolanos, we held that
an
accused who is on
it
is
important that
he should be competent and independent, i.e.,
(b) made with the assistance of a competent and independent board the police vehicle on the way to
the police station is
already
that he is willing to fully safeguard the constitutional
counsel, under custodial investigation, and should therefore be
accorded his
rights of the accused, as distinguished from one who would rights under the Constitution. In this case, the teaching of Bolanos
(c) express,and merely be giving a routine, peremptory and meaningless recital of clearlywentunheeded.
(d) inwriting. theindividual'sconstitutionalrights.
Jurisprudence is clear that
an
accused
under
custodial
investigation
In
People v.
Cachuela, the Court held that a custodial investigation In
People vs.
Basay, this
Court
stressed that an accused's right to be must c ontinuously have a counsel assisting him from the very
is any questioning initiated by law enforcement authorities after a informed of
the
right
to
remain silent and to counsel "contemplates start
thereof.
In
this
case,
Rodriguez and
appellant
were in the hands
person is taken into
custody or otherwise deprived of his freedom of the transmission of meaningful information rather than just ofthepoliceforaboutfourdayswithouttheassistanceofcounsel.
action in any significant manner. x x x It begins when there is no the ceremonial and perfunctory recitation of an abstract
longer a general inquiry into an unsolved crime and the constitutionalprinciple."
investigation has started to focus on a particular person as a Peoplev.Andan
suspect, i.e., when the police investigator starts interrogating or Lawyers engaged by the police, whatever testimonials are given as
proof of their probity and supposed independence, are generally It cannot be successfully claimed that
appellant's confession before
exacting a confession from
the
suspect in connection with an alleged
offense. suspect, as in
many areas,
the
relationship between lawyers and law the mayor is inadmissible. It is true that a municipal mayor has
enforcementauthoritiescanbesymbiotic. "operational supervision and control" over
the
local
police and
may
Here, Fernandez was not assisted by counsel at all times
during arguably be deemed a law enforcement officer for purposes of
his custodial investigation. He was assisted by
Atty.
Francisco only The desired role of counsel in the process of custodial
applying Section 12(1) and (3) of Article III of the Constitution.
during the
time he
executed his extrajudicial confession. However, no investigation is rendered meaningless if the lawyer merely
However, appellant's confession to the mayor was not made in
lawyer assisted him at the time he was
arrested and
brought to the gives perfunctory advice as
opposed to
a meaningful advocacy
response to any interrogation by the latter. In fact, the mayor did not
policestationtoanswerquestionsabouttherobberywithhomicide. oftherightsofthepersonundergoingquestioning.
question appellant at
all.
No police
authority ordered appellant to
Moreover, Atty. Francisco was not an independent counsel. Atty. The investigation was actually conducted in the absence of counsel in talk to
the
mayor. It
was appellant himself who spontaneously, freely
Francisco testified that
he
was
a legal consultant in
the
Office
of
the one place (the QC SID headquarters) and signed in the presence of and voluntarily sought the mayor for a private meeting. The
mayor
Municipal Mayor of
Binmaley. As such, his duty was to provide legal counsel in another (the QC IBP office). These facts lead us to the did not know that appellant was going to confess his guilt to him.
advice to the Mayor whose duty, in turn, is
to
execute the
laws
and inevitable conclusion that the confessions of both defendants were When appellant talked with the mayor as a confidant and not as a law
ordinances and maintain peace and order
in
the municipality. To our obtained in the absence of independent and competent counsel as enforcement officer, his uncounselled confession to him did not
mind, Atty. Francisco cannot be considered as an independent mandatedbythe1987Constitution. violate his constitutional rights. Hence we hold that appellant's
counsel since protecting the rights of Fernandez as a suspect is in confessiontothemayorwascorrectlyadmittedbythetrialcourt.
direct conflict with his duty to the Municipal Mayor and the local Peoplev.Culala Appellant's confessions to the media were likewise properly
governmentoftheMunicipality. admitted. The confessions were made in response to questions by
During the custodial investigation, accused was assisted by Atty.
Given these circumstances, Fernandez's extrajudicial confession is Celso E.
Santamaria,
Municipal Attorney of Valenzuela, Metro Manila. news reporters, not by the police or any
other
investigating
officer.
inadmissibleinevidence. In People vs. Bandula, it was held that a Municipal Attorney We have held that statements spontaneously made by a suspect to
cannot be an independent counsel as required by the news reporters on a televised interview are deemed voluntary and
Righttohaveindependentandcompetentcounsel,
Constitution. areadmissibleinevidence.
preferablyofownchoice
Righttobeinformed
Peoplev.Deniega Peoplev.RodriguezandArtellero
Peoplev.Canoy
The standards utilized by police authorities to assure the Rodriguez and appellant were detained for
four
days, but Atty. Lao of
constitutional rights
of
the
accused
in
the
case
at
bench
fall
short
of the
PAO was called only on the fourth day of detention when accused It
is
settled
that
one's
right to
be
informed of the right to remain
thestandardsdemandedbyourcaselawandtheConstitutionitself. was about
to
put his
confession in
writing. Under the
factual milieu, silent and to counsel contemplates the transmission of
the moment accused and
appellant were
arrested and brought to
the meaningful information rather than just the ceremonial and
The lawyer called
to
be
present during such investigations should be perfunctoryrecitationo fanabstractconstitutionalprinciple.
policestation,theywerealreadyundercustodialinvestigation.
as
far
as reasonably possible, the choice of the individual undergoing
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The foregoing constitutional rights of GREGORIO were violated in Lumanogv.People,supra As
observed in People v. Bandula, the independent counsel required
thesecases. by Art. III, §12(1) cannot be a special counsel, public or private
Police officers claimed that upon arresting Joel, they informed him of
prosecutor, municipal attorney, or counsel of the police whose
The records
show that
the
document of Waiver signed by GREGORIO his constitutional rights to remain silent, that any information he
interestisadmittedlyadversetotheaccused.
was prepared on 7 February 1990
but
was subscribed and sworn
to would give could be
used against him, and that he had the
right to
a
on
19 February 1990 before Asst. City Prosecutor Jose Garcia, Jr. Over competent and independent counsel, preferably, of his own choice, For these reasons, we hold that accused-appellant’s extrajudicial
the signature of Atty. Ridgeway Tanjili, the following words were and if he cannot afford the services of counsel he will
be
provided confessionisi nadmissibleinevidence.
typed:"Declarantassistedbycounsel." with one. However, since these rights can only be waived in writing
and with the assistance of counsel, there
could not have been such a Effectofnon-compliance
No meaningful information as to his rights under custodial
valid waiver by Joel, who was presented to Atty. Sansano at
the
IBP Sec 12(3). Any confession or admission obtained in violation
of
interrogation was conveyed to GREGORIO. He was not asked if he
Office, Quezon City Hall only the following day and stayed overnight
wanted to
avail
of
his rights and was not told that if he had no lawyer this or Section 17 hereof shall be inadmissible in evidence
atthepolicestationbeforehewasbroughttosaidcounsel.
of his own choice he could avail of one to be appointed for him. againsthim.
Furthermore, the waiver states that he does not want the assistance of
counsel and it is not shown that he agreed to be assisted by Atty. Peoplev.Obrero PorteriayManebaliv.People2019supra
Tanjili. When the police
officers asked Marvin regarding the discovery of the
There are
two
kinds
of involuntary or coerced confessions treated
inthisconstitutionalprovision: motorcycle's registration documents in his possession, Marvin's
Waiver
right to counsel automatically attached. Furthermore, his answer
(1) those which are the product of third degree methods such as constitutes an implied admission of guilt, which should have been
heserightsc
Sec12(1).T annotbewaivedexcept
torture, force,
violence, threat,
intimidation, which
are dealt done in writing, with the assistance of his counsel, or
after
a valid
1. inwritingand withinparagraph2of§12,and waiveroftheserights.
2. inthepresenceofcounsel. (2) those which are given without the benefit of Miranda
Without the assistance of a counsel, and in the absence of a valid
warnings, which are the subject
of
paragraph
1 of
the
same
Peoplev.Bacor waiver of
this
right,
Marvin's "voluntary" answer to P/Insp. Villamer
§12.
isinadmissibleasevidenceofhisguilt.
All throughout the
custodial investigation, Atty.
Miriam Angot
of
the What renders the confession of accused-appellant inadmissible is the
PAO took pains to explain meaningfully to the accused each and every Another circumstantial evidence considered by
the
trial court
is
the
fact that accused-appellant was not given the Miranda warnings
query posed by SPO3 Ydulzura. Accused then stamped his approval to alleged confession of Marvin to Virgie, the mother of the
effectively. Under the Constitution, an uncounseled statement is
the extrajudicial confession by affixing his signature on each and complainant. Unlike Marvin's admission to P/Insp. Villamer, the
presumedtobepsychologicallycoerced.
every page thereof in
the
presence of
counsel Angot.
Consequently, confession to Virgie, a private party, is not within the scope of
the
There was
thus only a perfunctory reading of the Miranda rights constitutionalandstatutorylimitationsonextrajudicialconfessions.
therewasaneffectivewaiveroftherighttoremainsilent.
to
accused-appellant without any
effort to find out from him whether
Accused-appellant, when asked, said he wanted to have the assistance This notwithstanding, the Court should still inquire upon the
he
wanted
to have counsel and, if so, whether he had his own counsel
of counsel. Atty. Anggot of PAO
was appointed counsel
de
officio
to voluntariness of the confession. The prosecution must establish
or
he
wanted the police to appoint one for him. This kind of giving of
assist accused-appellant and the latter expressly accepted her that the accused spoke freely, without inducement of any kind,
and
warnings, in several decisions of this Court, has been found to be
appointment as his counsel before giving his confession. As this fully aware of the consequences of the confession. This may be
merely ceremonial and inadequate to transmit meaningful
Court has held, a PAO lawyer can be considered an independent inferred from the language of the confession, as when the accused
informationtothesuspect.
counsel within the contemplation of the Constitution considering that provideddetailsknownonlytohimorher.
Moreover, Art.
III,
§12(1)
requires
that
counsel assisting suspects in
he is not a special counsel,
public
or private
prosecutor, counsel of
custodial interrogations be competent and independent. Here, OutofCourtIdentifications/PoliceLine-ups
the police, or a municipal attorney whose interest is admittedly
accused-appellant was assisted by Atty. De los Reyes, who, though Peoplev.MorenoyTazón2
020supra
adverse to that of the accused-appellant. Thus, the assistance of a
presumably competent, cannot be considered an "independent
PAO lawyer in the present case satisfies the constitutional
counsel" as contemplated by the law for the reason that he was A police line-up is not indispensable for the proper and fair
requirementofacompetentandindependentcounselfortheaccused.
station commander of the WPD at the time he assisted identification of offenders. The important consideration is for the
accused-appellant. victim to positively declare that the persons charged were the
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malefactors. Criminaldueprocess Bail
is the security given for the temporary release of a person who
Out-of-court identification is conducted by the police in various Sec 14. No person shall be held to answer
for
a criminal
offense has been arrested and detained but "whose guilt has not yet been
ways. It is done thru show-ups where the
suspect alone is
brought proven" in court beyond reasonable doubt. The right to bail is
withoutdueprocessoflaw.
face to face with the witness for identification. It is
done thru
mug cognatetothefundamentalr ighttobepresumedinnocent.
shots where photographs are shown to the witness to identify the Nunezv.Sandiganbayan Bail may
be a matter of
right
or judicial
discretion. The
accused has
suspect. It is also done thru
lineups where a witness identifies the the right to bail
if
the offense charged is
"not punishable by
death,
suspect from a group of persons lined up for the purpose x x x. In What is required for compliance with the due process mandate in reclusion perpetua or life imprisonment" before conviction by the
resolving the admissibility of and relying on out-of-court criminal proceedings? In Arnault v. Pecson this Court succinctly RTC. However, if the accused is charged with an offense the penalty of
identification of suspects, courts have adopted the totality of identified it with "a fair and impartial trial and reasonable which is death, reclusion perpetua, or life
circumstances test where they consider the following factors, opportunity for the preparation of defense." In criminal imprisonment—"regardless of the stage of the criminal
viz[.]: proceedings then, due process is satisfied if the accused is "informed prosecution"—and when evidence of one's guilt is not strong, then
as to why he is proceeded against and what charge he
has to
meet, the accused's prayer for bail
is
subject
to
the
discretion of
the
trial
(1) the
witness' opportunity
to
view
the
criminal
at
the
time
of
with his conviction being made to rest on evidence that is not tainted court.
thecrime;
with falsity after full
opportunity for him to rebut it and the sentence
(2) thewitness'degreeofattentionatthattime; being imposed in accordance with a valid law. It is assumed, of In this case, the imposable penalty for kidnapping for ransom is
(3) theaccuracyofanypriordescriptiongivenbythewitness; course, that
the
court that
rendered the decision is
one of competent death, reduced to reclusion perpetua. Escobar's bail is, thus, a
jurisdiction." matter of judicial discretion, provided that the evidence of his guilt
(4) the level of certainty demonstrated by the witness at the isnotstrong.
identification; This
court
has
had frequent occasion to consider the requirements of
due process of law as applied to criminal procedure, and, Escobar's
Second Bail Petition is not barred by res judicata as this
(5) the length of
time
between
the
crime
and
the
identification;
generallyspeaking,itmaybesaidthatifanaccused doctrineisnotrecognizedincriminalproceedings.
and
(6) thesuggestivenessoftheidentificationprocedure. 1. hasbeenheardinacourtofcompetentjurisdiction,and A decision denying a petition for bail settles only a collateral
2. proceededagainstundertheorderlyprocessesoflaw,and matter—whether accused is entitled to provisional liberty—and is
Applying the totality of circumstances test, We find appellant's notafinaljudgmentonaccused'sguiltorinnocence.
out-of-court identification to be reliable and thus admissible. To 3. onlypunishedafterinquiryandinvestigation,
recall,
Adelriza after
being awakened when a hard object hit her head 4. uponnoticetohim,
Tev.Perez
and
after
she
switched on
the lights
inside the room, had a clear and
5. withanopportunitytobeheard,and
direct view of the attack on her husband and the perpetrator. Respondent Judge clearly acted irregularly when he motu proprio
Moreover, she described with certainty the assailant to the police 6. a
judgment
awarded
within
the
authority
of
a constitutional
fixed and
granted bail
and
subsequently reduced
the amount thereof,
cartographer barely hours from the time of the incident, which law,
in both instances, without hearing the side of the prosecution.
description matched the facial features of the appellant, whom she thenhehashaddueprocessoflaw. Irrespective of his opinion that the evidence of guilt against the
subsequently identified as
the assailant. In
other words, the interval accused is not strong, the law and settled jurisprudence
between the time she witnessed the crime and her
identification of Bail demands that a h earing be conducted before bail could be
the
appellant, was merely a matter of
hours, leaving no room for her fixed for the temporary release of the accused, if bail is at all
recollectiontobetainted. Sec 13.
All
persons, except those charged with offenses punishable
justified.
by
reclusion perpetua when evidence of guilt is strong, shall, before
Verily, it
was
Adelriza's own description that led to the apprehension We
reiterate the
following
duties
of
judges
in
case
an
application for
conviction, be bailable by sufficient sureties, or be released on
of
the
appellant. There was no evidence on record indicating any hint bailisfiled:
of
a
suggestion from the police officer who presented the appellant to recognizance as
may be
provided by
law. The right to bail shall not
Adelriza. Hence, the identification of the appellant as the culprit
of be
impaired even when the privilege of the writ of habeas corpus is 1. In all cases, whether bail is a matter of right or discretion,
thecrimestands. suspended.Excessivebailshallnotberequired. notify the prosecutor of the hearing of the application for
bailorrequirehimtosubmithisrecommendation;
Peoplev.Escobar2017LeonenDivision
N.RightsoftheAccused 2. Where bail is a matter of discretion, conduct a hearing of the
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application for bail regardless of whether or not the without offering
any bail or without any prayer that he be released on Section 5, Rule 114 speaks of "other similar circumstances" which
prosecution refuses to present evidence to
show that
the recognizance. Besides, the reasons relied upon in
said motions - to would result
in
the
denial or cancellation of
bail,
it
refers to matters
guilt of the accused
is
strong
for
the
purpose of
enabling
the allow
Adamas to attend the Sangguniang Bayan sessions - had already extraneous or separate from the fact
of
conviction. It
cannot include
courttoexerciseitssounddiscretion; beenrebukedbythisCourt. the conviction of the accused because the provision first and
foremost presupposes that the accused was already found guilty by
3. Decide
whether
the
guilt
of the accused is strong based on the In People v. Hon. Maceda reiterated in Trillanes IV v. Judge
the court and was sentenced to suffer the penalty of imprisonment
summaryofevidenceoftheprosecution;and Pimentel Sr., this Court held that "all prisoners whether under
exceeding six years. If the fact of conviction would be treated as a
preventive detention or serving final sentence cannot practice their
4. If
the
guilt
of
the
accused is
not strong, discharge the accused bail-negating circumstance, the rules on bail pending appeal would
profession nor engage in
any
business or
occupation or
hold
office,
upon the
approval of
the
bail bond. Otherwise the bail should berenderednugatory.
electiveorappointive,whileindetention."
bedenied.
We clarify that
conviction of the accused of
the crime charged is
⭐Peoplev.Sales2019Resolution irrelevant only in bail application pending appeal where the
Villanuevav.Buaya penalty imposed is
NOT reclusion perpetua, life imprisonment,
In non-capital offenses where the trial
court imposes the
penalty
of or death. The Revised Rules is
clear
that when a person
is
charged
Judge Buaya granted the ex-parte motion to grant bail on the same day
imprisonment exceeding six years, the conviction of
the
accused of with a capital offense or an offense punishable by reclusion perpetua
that it
was
filed by the
accused. He did
this
without the required
the crime
charged does not ipso facto negate bail pending appeal. The or
death, he/she shall not be admitted to
bail, regardless of the stage
notice and hearing. He justified his action on the ex-parte motion by
accused shall be denied bail, or his bail shall be cancelled upon a of
the criminal prosecution, when evidence of his/her guilt is strong.
arguing that the offense charged against the accused was a bailable
showing by the prosecution, with notice to the accused, of the Conviction of a capital offense imports that evidence against
offense; a hearing was no longer
required since bail
was a matter
of
followingorothersimilarcircumstances: theaccusedisstrongsobailpendingappealisforeclosed.
right. Under the
present Rules
of
Court,
however, notice and hearing
arerequiredwhetherbailisamatterofrightordiscretion. (a) That he is a recidivist, quasi-recidivist, or habitual
delinquent, or has committed the
crime
aggravated by
the ⭐Reyesv.People2019LeonenDivision
In order for the judge to properly exercise this discretion, he must circumstanceofr eiteration;
first conduct a hearing to determine whether the
evidence
of guilt
is Here, the
Sandiganbayan initially
granted
petitioner's
application
for
strong. This discretion lies not in the determination of whether or not (b) That he has previously escaped from legal confinement, bailonAugust29,2017.
a hearing should be held, but in the appreciation and evaluation of the evaded sentence, or violated the conditions of his bail
withoutvalidjustification; The factual findings show the presence of two (2) circumstances
weightoftheprosecution'sevidenceofguiltagainsttheaccused.
statedinRule114,Section5:
(c) That he committed the offense while under probation,
In any event, whether bail is a matter of right or discretion, a
parole,orconditionalpardon; (1) petitioner had previously escaped from legal confinement,
hearing for
a petition
for
bail is required in order for the court to
(d) That the
circumstances of
his
case
indicate
the probability evaded sentence, or violated the conditions of his bail
consider the guidelines set forth in
Section
9, Rule
114 in
fixing
the
offlightifreleasedonbail;or withoutavalidjustification;and
amountofbail.
(2) heposesaflightriskifadmittedtobail.
(e) That
there
is
undue risk that he may commit another crime
Balanayv.Adalim-White2016 duringthependencyoftheappeal. The
Sandiganbayan did
not
act
arbitrarily
or
capriciously, but
rather,
arrived at its decision with due consideration of the arguments
In Leviste v. CA, We explained that the foregoing provisions
Respondent admits allowing Adamas six consecutive furloughs to presentedbytheprosecution.
contemplatetwoscenarios.
attend regular
sessions
of the
Sangguniang Bayan of the Municipality
There was thus no error in the Sandiganbayan's exercise of its
of Oras, Eastern Samar based on very urgent motions that did not First, where none of the listed bail-negating circumstances is
discretiontocancelpetitioner'sbail.
containnoticeofhearingandwerenotheardinopencourt. present, the Court may grant or deny bail based on its sound
judicialdiscretion. Standardsforfixingbail
It is basic, however, that bail hearing is necessary even if t he
prosecution does not interpose any objection or leaves the Second, if a bail-negating
circumstance
exists,
the
Court
has
no Paduav.People2019Division
applicationforbailtothesounddiscretionofthecourt. otheroptionbuttodenyorcancelthebail.
The existence of a high degree of probability that the accused will
If hearing is indispensable in
motions
for
bail, more so
in
this
case However,theenumerationinSection5isn
otexclusive.
abscond confers upon the court no greater discretion than to increase
where the motions for the temporary liberty of Adamas were filed
The
Sandiganbayan
misapplied
Leviste. When
the
third
paragraph of the bond to
such
an amount as
would reasonably tend to
assure
the
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⭐Fuertesv.SenateofthePhilippines
presence of the defendant when it is wanted, such amount to be triggers the
presumed fact of regular performance. Where there is any
subject, of course,
to
the constitutional provision that "excessive bail 2020LeonenEnBanc hint of irregularity committed by
the
police
officers
in
arresting the
shall not be required." The recourse of the judge is to fix a higher This Court has upheld the constitutionality of disputable accused and
thereafter,
several of
which we
have earlier noted,
there
amountofbailandnottodenythefixingofbail. canbenopresumptionofregularityofperformanceintheirfavor.
presumptions in criminal laws. The constitutional presumption of
Righttobailandrighttotravel
innocence is not violated when there is a logical connection Righttobeheard
between the fact
proved and the ultimate fact presumed. When
Manotoc,Jr.vCA such prima facie evidence is unexplained or not contradicted by the
Peoplev.Tulin
accused, the conviction founded on such evidence will be valid.
Does a person facing a criminal indictment and provisionally
However, the prosecution must still prove the guilt of the accused Does it constitute a violation of Hiong's constitutional right to be
releasedonbailhaveanunrestrictedrighttotravel?NO.
beyond reasonable doubt.
The existence of a disputable presumption informed of
the nature and cause of the accusation against him on the
A court has the power to prohibit a person admitted to bail from doesnotprecludethepresentationofcontraryevidence. ground that he
was convicted as an accomplice under Section 4 of PD
leaving the Philippines. This is a necessary consequence of the 532
even though he was charged as a principal by direct participation
Section 14, paragraph 4 of
the
Anti-Hazing Law,
which provides
that
natureandfunctionofabailbond. underSection2ofsaidlaw?
an accused's presence
during a hazing is prima facie evidence of his
Its object is to relieve the
accused of
imprisonment and
the state
of or
her
participation,
does not
violate
the
constitutional presumption The ruling of
the
trial court is Within well-settle jurisprudence that if
the burden of keeping him, pending the trial, and at the same time, to of innocence. This disputable presumption is also not a bill of there is
lack
of
complete evidence of
conspiracy, the
liability
is
that
put the
accused as much under the power of the court as if he were in attainder. of an accomplice and not as principal (People v. Tolentino). Any
custody of the proper officer, and to secure the appearance of the doubt as to the participation of an individual
in the
commission of
The study of human behavior has shown that
being surrounded by
accused so as to answer the call of the court and do what the law may thecrimeisalwaysresolvedinfavoroflesserresponsibility.
people who approve or encourage one's conduct impairs otherwise
require of
him. The condition imposed upon petitioner to make
independent judgment, be it in the form of peer pressure, herd
himself available at all times whenever the court requires his Assistanceofcounsel
mentality,orthebystandereffect.
presenceoperatesasavalidrestrictiononhisrighttotravel.
This right is available not only during trial. Every person under
The term "groupthink" was coined by American psychologist
Presumptionofinnocence Irving L. Janis to
describe the phenomenon of
"mental
deterioration custodyofthelawenjoystheright.
⭐DeGuzmanyAguilarv.People2019LeonenDivision of mental efficiency, reality testing,
and
moral
judgment that
results Any person arrested, detained or under custodial investigation shall
fromgrouppressures."Inhazing,p resenceisparticipation. at
all
times be assisted by counsel. Included in this right is the right
The requisite quantum of
proof beyond reasonable doubt is borne tobeinformedofhisrighttocounsel.
by the constitutional imperative of
due
process.
It
is
also
in keeping cfPresumptionofRegularityinthePerformanceofOfficial
with the presumption of innocence of an accused until the contrary Peoplev.PepinoyRueras2016EnBanc
Functionsin⭐P
eoplev.Ordiz2019Division
isproved.
The right to counsel is a fundamental right and is intended to
Here, the trial court gave extraordinary weight to the bare assertion of The Court stresses that the presumption of regularity in the
performance of duty cannot overcome the stronger preclude the
slightest
coercion that
would lead
the
accused to admit
a
police officer, who
was presented as the
only witness to an alleged something false. The right to counsel attaches upon the
start of
the
crime that he himself claimed to have been discovered because of
a presumption of
innocence in
favor
of the accused. Otherwise, the
constitutional guarantee of the accused being presumed innocent investigation. Custodial investigation commences when a person is
public disturbance. It trivialized the defense's version of events, taken into custody and is
singled out as a suspect in the commission
despite being more logical. This, coupled with an assertion of the would be held
subordinate to
a mere
rule of
evidence
allocating
the
burdenofevidence. of the crime under investigation. As a rule, a police lineup is
not
motives of the lone
prosecution witness—extortion and getting even part of the custodial investigation; hence, the right to counsel
after
losing a bet—should have
been enough to give pause especially Moreover, the regularity of the performance of their duty could not be guaranteedbytheConstitutioncannotyetbeinvokedatthisstage.
because of the fundamental guarantee for every accused to be properly presumed in favor of the policemen because the records
presumedinnocent. were replete with indicia of their serious lapses. As a rule, a Ibañezv.People2016
presumed fact like the regularity of performance by
a police
officer
must
be
inferred only from an established basic fact, not plucked out The right
to
be assisted by counsel is an indispensable component of
DisputablePresumptionsin
from
thin air.
To
say
it
differently,
it
is
the established basic fact that due process in
criminal prosecution. As such, right to counsel is one
of
the
most sacrosanct rights available to the
accused. A deprivation
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of the right to counsel strips the accused of an equality in arms doubt with full opportunity to disprove the evidence against him. term to embrace various situations in which it may exist,
resultinginthedenialofalevelplayingfield. During arraignment, the accused is granted the opportunity to fully such as but are not limited to (1) treachery; (2) abuse of
Here, there was no denial of right to
counsel as
evinced by the
fact know the precise charge
that
confronts him and
made
fully aware of superior strength; (3) evident premeditation; (4)
cruelty
—
that the petitioners were not only assisted by a counsel de oficio possible loss
of
freedom, even
of
his
life, depending on the nature of is present, must state the ultimate facts relative to
during arraignment and pre-trial but more
so,
their counsel de oficio thecrimeimputedtohim. such circumstance. Otherwise, the Information may be
actively participated in the proceedings before the trial court The Information must permit the accused to prepare his defense, subject to
a motion to quash under Section 3 (e) (i.e., that it
including the
direct and cross-examination of the witnesses. As aptly ensure that he is prosecuted only on the basis of facts presented, does not conform substantially to the prescribed form), Rule
found by the
CA,
the petitioners were duly
represented by
a counsel enable him to
plead jeopardy against a later prosecution, and inform 117, or a motion for a bill of particulars under the
deoficioallthroughouttheproceedingse xceptforonehearing. the court of
the facts alleged so that
it
can determine the
sufficiency parameterssetbysaidRules.
The Court is
not
persuaded that
the
absence
of the counsel de oficio of the charge. An Information may be sufficient to withstand a motion Failure of the accused to avail any of the said remedies
in one of the hearings of this case amounts to a denial of right to to quash, and yet insufficiently inform the accused of the specific constitutes a waiver of his right to question the defective
counsel. Nor does such absence warrant the nullification of the entire details of the alleged offenses. In
such instances, the
Rules
of
Court statement of the aggravating or qualifying circumstance in
trialcourtproceedingsandtheeventualinvalidationofitsruling. allow the accused to
move for a b
ill
of particulars to enable him the Information, and consequently, the same may be
properlytopleadandtopreparefortrial. appreciatedagainsthimifprovenduringtrial.
Righttobeinformedofthenatureandcauseofaccusation
In
general,
a bill of particulars is the further specification of the Alternatively, prosecutors may sufficiently aver the ultimate
charges or
claims in
an
action, which an
accused
may
avail
of
by facts relative
to
a qualifying
or
aggravating circumstance by
Enrilev.People2
015EnBanc
motion before arraignment, to enable him to properly plead and referencing the pertinent portions of the resolution finding
Under the Constitution, a person who stands charged of a criminal preparefortrial. probable cause against the accused, which resolution should
offense has the right to be informed of the nature and cause
of
the When allegations in an Information are vague or indefinite, the be attached to the Information in accordance with the second
accusationagainsthim. remedy of the accused is not
a motion
to
quash,
but
a motion
for
a guidelinebelow.
The objective is to describe
the
act
with sufficient
certainty
to
fully billofparticulars. 2. Prosecutors must ensure compliance with Section 8 (a),
appraise the accused of the nature of the
charge
against
him and to The purpose of a bill of particulars is to supply vague facts or Rule 112 of the Revised Rules on Criminal Procedure that
avoid possible surprises that may lead to injustice. Otherwise, the allegations in
the
complaint or
information to enable the accused to mandates the attachment to the Information the resolution
accusedwouldbeleftspeculatingonwhyhehasbeenchargedatall. properly plead and prepare for trial. It presupposes a valid finding probable cause against the accused. Trial courts
Information, one that presents all the elements of the crime charged, must ensure that the accused is furnished a copy of this
An Information is an accusation in writing charging a person with
albeit under vague terms. Notably, the specifications that a bill of Decisionpriortothearraignment.
an offense, signed by the prosecutor and filed with the court. The
Revised Rules of Criminal Procedure, in implementing the particulars may supply are only formal amendments to the complaint 3. Cases which have
attained
finality prior to the promulgation
constitutional right of the accused to
be
informed of
the nature and orInformation. of this Decision
will
remain final
by
virtue of
the
principle
cause of the accusation against him, specifically require certain ofconclusivenessofjudgment.
matters to be stated in the Information for its sufficiency. The ⭐Peoplev.SolaryDumbrique2019EnBanc 4. For cases which are still
pending before the
trial
court,
the
requirement aims to enable the accused to properly prepare for his
In
the
assailed
Decision, while the CA affirmed the RTC's finding that prosecution, when still
able,
may file a motion to amend the
defense since he
is
presumed to
have no independent knowledge
Rolando indeed killed Joseph, it downgraded the offense from Murder Information pursuant to the prevailing Rules in order to
ofthefactsconstitutingtheoffensecharged.
to Homicide for failure of the Information to sufficiently state the properly allege the aggravating or qualifying circumstance
An
Information only
needs
to
state the ultimate facts constituting the particular facts establishing the existence of the qualifying pursuanttothisDecision.
offense; the
evidentiary and
other details can
be
provided during the circumstanceoftreachery. 5. For cases
in which a judgment or
decision has
already been
trial.
In sum, the
Court
hereby
lays
down
the
following
guidelines
for
the rendered by the trial court and is still pending appeal, the
The procedural due process mandate of the Constitution requires that guidanceoftheBenchandtheBar: case shall be judged by the appellate court depending on
the accused be arraigned so that he may be fully informed as to whether the accused has already waived his right to question
why he was charged and what penal offense he has to face, to be 1. Any Information which alleges that a qualifying or the defective statement of the aggravating or qualifying
convicted only
on showing that his guilt is shown beyond reasonable aggravating circumstance — in which
the
law
uses
a broad circumstance in the Information, (i.e., whether he previously
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filed either
a motion to
quash under
Section
3(e),
Rule
117, (4) theprejudicetothedefendantasaresultofthedelay. delays entailed by the postponements of the aforesaid hearings were,
or a motion for a bill of particulars) pursuant to this to
a great
extent, attributable to
petitioner Francisco's own pursuit of
Decision. The consequences of delay do not only affect the accused. The extraordinary remedies against the interlocutory orders issued by the
prosecution of the case will also be made difficult the longer the Sariaya MTC and the assignment of
at
least
three
public prosecutors
periodoftimepasses.InCorpuzv.Sandiganbayan: to the
case,
namely, Prosecutors Rodolfo Zabella,
Jr.,
Francis
Sia
and
Peoplev.CubayyUgsalan2019Division
Delay is a two-edged sword. It is the government that bears the JoelBaligod.
Here,appellantwaschargedwithforty-four(44)countsofrape. burden of
proving its
case beyond reasonable doubt. The passage
of
time may make it
difficult or
impossible for the government to carry Rightofconfrontation
The Informations conspicuously lack
the second element of rape, i.e.
its burden. The Constitution and the Rules do not require
the accused employed force or intimidation, or that
the
victim was
impossibilities or extraordinary efforts, diligence or exertion from ⭐Peoplev.SergioandLacanilao2019Division
deprived of reason, unconscious, under
twelve
(12)
years of
age,
or
courts or the prosecutor, nor contemplate that such right shall
wasdemented. May a prosecution
witness,
like Mary Jane Veloso, who was convicted
deprive the State of a reasonable opportunity of fairly prosecuting
Thus,
the
Informations do
not validly charge the crime of rape or any criminals. As held in
Williams v.
United States, for the government of drug trafficking and sentenced to death by the Indonesian
offense at all. The same, for sure, cannot be the basis of a valid to sustain its right to try the accused despite
a delay, it
must show Government and who is presently confined in a prison facility in
judgmentofconviction. twothings: Indonesia, testify by way of deposition without violating the
constitutionalrighttoconfrontationofawitnessbytheaccused?
We are not unmindful of the rule that by his plea, an accused is (a) that the accused suffered no serious prejudice beyond
that
deemed to have waived all objections to the
information. This
rule, whichensuedfromtheordinaryandinevitabledelay;and YES. The right to
confrontation is part of due process not only
however, is
correct
only insofar as formal objections to the pleadings (b) that
there
was
no
more
delay than is reasonably attributable in criminal proceedings but also in civil proceedings as well as
in
are concerned. By express provision of Section 9, Rule 117 of the totheordinaryprocessesofjustice. proceedings in administrative tribunals with quasi-judicial powers. It
Rules of Court and by established jurisprudence, the validity of
the hasatwo-foldpurpose:
Under the foregoing pronouncement, the delay incurred in conducting
Information vis-a-vis the essential issue of whether or not it (1) primarily, to afford the accused an opportunity to test the
the preliminary investigation surely
prejudiced the
petitioners. After
sufficiently charges an offense goes into the very foundation of testimonyofthewitnessbycross-examination;and
submitting their counter-affidavits with the documents proving that
jurisdiction, hence, may be raised
and addressed at
any stage
of
the (2) secondarily, to allow the
judge
to observe the deportment of
Sikap Yaman had been a qualified NGO and showing the express
proceedings. thewitness.
authority of petitioner Martinez III to enter into the MOA, they had
Righttospeedy,impartial,andpublictrial reasonable basis to become comfortable and to honestly believe True, Cristina and Julius have no opportunity to confront Mary Jane
themselves cleared of the accusation They had no inkling whatsoever face to face in light of the prevailing circumstance. However, the
MartinezIIIv.People2019Division that the
Office of the Ombudsman was in the meanwhile adding their terms and conditions laid down by the trial court ensure that they are
supposed failure to monitor the
use
of
the funds by Sikap Yaman as given ample opportunity to cross-examine Mary Jane by way of
Although delay
is
not
to be determined solely from the length of time the recipient NGO in support of the accusation. The addition was written interrogatories so as not to defeat the first purpose of
their
taken
for
the
conduct of the preliminary investigation, a long delay is without prior notice to
them. Worse, the failure to monitor the use of constitutional right. To recall, the trial court requires Cristina and
inordinateunlesstheOfficeoftheOmbudsmansuitablyjustifiesit. the funds by Sikap Yaman had not been supposedly required of them. Julius, through their counsel, to file their comment and may raise
At least, they were not aware of the requirement, if true. With the objections to the proposed questions in the written interrogatories
The Constitution guarantees under Section 16,
Article III
the
right
to
lapse of nearly five years from the submission of their counter submitted by the prosecution. The trial court judge shall promptly
the speedy disposition of cases. The Court has adopted the
affidavits, they were thus no longer in the position to adequately rule on the objections. Thereafter, only
the final questions would be
"balancing test" based on the landmark ruling of the United States prepare themselves for
their
defense should further proceedings and asked by the Consul
of the Philippines in Indonesia or his designated
Supreme Court in Barker v.
Wingo to
the
effect
that
in determining trial be held, including the gathering of evidence upon the new representative. The answers of Mary Jane to the propounded
the existence of inordinate delay the courts should consider the allegation that had meanwhile contributed another ground for their questions must be written verbatim, and a transcribed copy of the
presenceofthefollowingfactors,namely; indictmentfortheviolationofSection3(e)ofR.A.No.3019. same would be given to the counsel of the accused who would, in
(1) thelengthofdelay; turn, submit their proposed cross interrogatory questions to the
(2) thereasonfordelay; Imperial,etalv.Joson,etal2010 prosecution. Should the prosecution raise any objection thereto, the
trial
court judge must
promptly rule
on
the same, and the final cross
(3) the
defendant's
assertion or non assertion of his or her right; Far from being vexatious, capricious and oppressive, however, the interrogatory questions for
the deposition of Mary Jane
will then be
and
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conducted. Mary Jane's answers in the cross interrogatory shall Edna Crisologo Jacob
who
was not placed on the witness stand, thus, In
the
case
at
bar,
the trial
court
correctly denied appellant's motion
likewise be
taken
in
verbatim and a transcribed copy thereof shall be depriving the defense of its right to cross-examination. The for
the
production of
the
records which were the basis in issuing the
giventotheprosecution. veracity of her statement
not
having been ascertained, it
should not POEA Certification dated February 3,
1994, as
the same would not in
have been given any probative value at all. Be that as it may, her any way alter the undisputed fact that appellant was not issued a
The second purpose of
the constitutional right
to
confrontation has
testimony is merely corroborative, and its exclusion will not
affect licenseuntilthen.
likewise been upheld. As aptly stated in the terms and conditions for
thefindingofguiltofaccused-appellants.
the taking of deposition, the trial
court judge will
be
present during
the conduct of written interrogatories on Mary Jane. This will give Trialsinabsentia
her ample opportunity to observe and to examine the demeanor of Peoplev.Givera
Whenpresenceofaccusedisaduty
the witness closely. Although the deposition is in writing, the trial
On the matter of the admissibility of the testimony of the 1. Arraignmentandplea;
court judge can still carefully perceive the reaction and deportment of
medico-legal taken in
the first case, involving the three other accused
Mary Jane as
she
answers each question propounded to
her
both by 2. Duringtrial,foridentification;
for the death of the same victim, offered in evidence in the case at bar,
theprosecutionandthedefense.
this Court must declare the same inadmissible. As correctly 3. Promulgationofsentence,unlessforlightoffense.
Indubitably, the constitutional rights of Cristina and Julius are contended by the defense, because they did not have the
equally safeguarded. The
parameters laid down by
the
trial court are opportunity to cross-examine Dr. Baltazar, his testimony cannot be
sufficient in detail ensuring that Mary Jane will give her testimony used in evidence against accused-appellant. Indeed, where the O.RighttotheSpeedyDispositionofCases
under oath to deter lying by
the
threat of
perjury
charge. She is
still opposing party failed to cross-examine a witness, this Court in
subjected to cross-examination so as to determine the presence of severalcasesheld: Sec
16. All
persons
shall have
the right
to
a speedy
disposition
of
any
falsehood in
her testimony. Lastly, the guidelines enable the trial their cases before all judicial, quasi-judicial, or administrative
Oral testimony may be taken into account only when it is
court judge to observe her demeanor as a witness and assess her
complete, that is,
if
the witness has been wholly cross-examined bodies.
credibility.
by the
adverse party or
the
right
to cross-examine is lost wholly
or in part thru the fault of such adverse party. But when Olbesv.Buemio
Peoplev.Matibag cross-examination is not and cannot be done or completed due to
On his arraignment on February 12, 2003, petitioner interposed no
causes attributable to the party offering the witness, the
The trial court committed no error in lending credence to the objection to
the
setting
of the pre-trial to May 28, 2003 which was, as
uncompletedtestimonyistherebyrenderedincompetent.
testimony of Mrs. Amparo Carlos. The alleged inconsistency as to the earlier stated, later declared a non-working day. Inarguably, the
distance of Mrs. Carlos to her husband when the latter was shot is Compulsoryprocess cancellation of the scheduled pre-trial on that date was beyond
the
definitely inconsequential. Whether the distance was four (4), five controlofthetrialcourt.
(5) or seven (7) meters, the fact still remains that she was in the
Peoplev.Chua In Solar Team Entertainment, Inc. v. Judge How, the Court
vicinityandpersonallywitnessedthecrimewhenitwascommitted.
stressed that the exceptions consisting of the time exclusions
Likewise, the prosecution could not be faulted for not presenting a Chua claimed that she was denied her constitutional right to
provided in the Speedy Trial Act of 1998 reflect the fundamentally
certain Mrs. Mercado, the President of the Homeowner's Association compulsoryprocess.
recognized principle that "speedy trial" is a relative term and
and neighbor of the Carloses, whom Mrs. Carlos
allegedly saw after The 1973 and 1987 Constitutions expanded the right to compulsory necessarily involves a degree of flexibility. Such
right to
a speedy
her husband was
shot. The testimony of a single witness, if found to process which now
includes
the
right to secure the production of trial and a speedy disposition of a case is violated only when the
be
credible, trustworthy and straightforward would suffice to convict evidence in one's behalf. By analogy, U.S. vs. Ramirez which laid proceeding is
attended by
vexatious, capricious and oppressive
the accused of the crime of which he was charged. The discretion still down the requisites for
compelling the attendance of witnesses, may delays.
lies with the prosecution as to the number of witnesses and whom to beappliedtothisexpandedconcept.Thus,themovantmustshow:
present on the witness stand. For
sure, the prosecution could not be balancing
A test
of applying societal interests and the rights of the
(a) thattheevidenceisreallym
aterial;
accused of suppressing vital evidence. The defense could have accused necessarily compels the court to approach speedy trial cases
(b) that
he
is
not
guilty
of
neglect
in
previously
obtaining
the onanadhocbasis.
presentedMrs.Mercadoasanadversewitnessifitsodesired.
productionofsuchevidence;
On the
other hand,
this
Court
agrees with accused-appellants that the In determining
whether the accused has been deprived of his right to
(c) thattheevidencewillbeavailableatthetimedesired;and a speedy disposition of the case and to a speedy trial, four factors
trial court should
not have
considered the extrajudicial
statement
of
(d) thatnosimilarevidencecouldbeobtained. mustbeconsidered:
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substandard or inadequate penal facilities under subhuman
(a) lengthofdelay; examine what the statute prohibits and punishes as an offense.
conditionsshallbedealtwithbylaw. The
gravamen of
the
offense punished by BP 22 is the act of making
(b) thereasonforthedelay; and
issuing a worthless check or
a check that is dishonored upon its
(c) thedefendant'sassertionofhisright;and Estipona,Jr.v.Lobrigo2017EnBancrePlea-bargaining
presentation for payment. It is not the non-payment of an obligation
(d) prejudicetothedefendant. Leonen,Jconcurring which the law punishes. The law is not intended or designed to
coerce a debtor to
pay
his
debt. The thrust of
the
law
is to prohibit,
The prohibition found in Section 23 is unconstitutional not only under pain of penal sanctions, the making of worthless checks and
Lumanogv.People2010EnBanc because it contravenes the rule-making power of this
Court,
it
also putting them in
circulation. Because of
its
deleterious effects on the
constitutes "cruel, degrading, and inhuman" punishment for the public interest, the practice is proscribed by the law. The law
Just like the constitutional guarantee of "speedy trial," "speedy
accused.Theaimistorehabilitate,notpunish,thosedrugoffenders. punishes the act not as an offense against property, but an offense
disposition of cases" is a flexible concept. It is consistent with
delays and depends upon the circumstances. What the
Constitution againstpublicorder.
prohibits are u nreasonable, arbitrary and oppressive The enactment of BP 22
is
a declaration
by
the
legislature
that, as
a
Q.Non-imprisonmentforDebts
delays,whichrenderrightsnugatory. matter of public policy, the making and issuance of a worthless check
is
deemed a public
nuisance to
be
abated
by
the
imposition of penal
It must be stressed that in
the
determination of
whether the right
to Sec 20.
No person
shall
be
imprisoned
for debt or non-payment of sanctions.
speedy disposition of cases has been violated, particular regard must apolltax.
be taken of the facts and circumstances peculiar to each case. A mere
mathematical reckoning of
the time involved would not be sufficient. Lozanov.MartinezonBP22 R.RightAgainstDoubleJeopardy
Under the circumstances, we hold that the delay of (4) four years
during which the case remained pending
with the
CA
and this Court Among the constitutional objections raised against BP 22, the
most Mallariv.People
wasnotunreasonable,arbitraryoroppressive. serious is the alleged conflict between the statute and the
constitutional provision forbidding imprisonment for debt. It is With the prior conviction by a final judgment of petitioner for the
In several cases where it was manifest that due process of law or crime of estafa thru falsification of public document in
CA-G.R.
No.
contended that
the
statute
runs counter to the inhibition in the Bill of
other rights guaranteed by the Constitution or statutes have been 20817-CR, there is no question that the first and second requisites
Rights which states, "No person shall be imprisoned for debt or
denied, this Court has not faltered to accord the so-called "radical above enumerated are present
in
the
case
at bar. Is the crime charged
non-paymentofapolltax."
relief" to keep accused from enduring the rigors and expense of a in CA-G.R. No. 20817-CR the same as in this case (CA-G.R. No.
full-blown trial. In this case, however, appellants are
not
entitled
to Closer to
the case at bar is People v. Vera Reyes, wherein a statutory 19849-CR)?
the same relief in the
absence of
clear and
convincing showing that provision which made illegal and punishable the refusal of an
the delay in the resolution of their appeal was unreasonable or employer to
pay, when he
can do so, the salaries of his employees or Weruleintheaffirmative.
arbitrary. laborers on the fifteenth or last day of every month or on
Saturday A comparison of the Informations filed in the two cases under
every week, was challenged for being violative of
the constitutional consideration as well as the findings of facts of
the
appellate
court
prohibition against imprisonment for debt. The constitutionality of tells
us
that
they
refer to
the
same series of acts. These series of acts
P.RightAgainstExcessiveFinesandCruel, the law in question was upheld by the Court, it being within the amount to what is known in law as a continued, continuous or
Degrading,andInhumanPunishments authority of the
legislature to enact such a law in
the exercise of
the continuingoffense.
police power. It was held that "one of the purposes of the
law is to
suppress possible abuses on the part of the employers who hire A continued crime is a single crime consisting of a series of acts but
Sec 19.
Excessive fines
shall
not
be
imposed, nor
cruel,
degrading
laborers or employees without paying them the salaries agreed upon all arising from one criminal resolution. It
is
a continuous, unlawful
or inhuman punishment inflicted. Neither shall death penalty be act or
series of
acts set
on foot by a single impulse and
operated
by
for their services, thus causing them financial difficulties." The law
imposed, unless,
for compelling reasons involving heinous crimes, an unintermittent force, however long a time it may occupy. Although
was viewed not as a measure to coerce payment of an obligation,
the Congress hereafter provides for it. Any death penalty already there are series of acts, there is only one crime committed. Hence,
although obviously such could be its effect, but to banish a practice
imposedshallbereducedtoreclusionperpetua. consideredharmfultopublicwelfare. onlyonepenaltyshallbeimposed.
The employment of physical, psychological, or degrading Has BP 22 transgressed the constitutional inhibition against It has also
been
ruled
that when
two informations refer
to
the
same
punishment against any prisoner or detainee or the use of imprisonment for debt? To
answer
the
question, it
is
necessary
to transaction, the second charge cannot prosper because the accused
will thereby be placed in
jeopardy for the
second
time for
the
same
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offense. jurisdiction over the cases; (3) arraignment took place on July 13, In criminal cases, no rule is more settled than that
a judgment of
2006 where the
respondent entered a negative
plea; and (4) the court acquittal is immediately final and unappealable. Such rule
Petitioner, having already been convicted of the complex crime of
a quo, on motion for reconsideration filed by the respondent, proceeds from the
accused's constitutionally-enshrined right
against
estafa thru falsification of
public document in CA-G.R. No. 20817-CR,
acquittedthelatteroftheoffensecharged. prosecutionifthesamewouldplacehimunderd oublejeopardy.
it
stands to reason that
she can
no longer
be
held liable for the same
crime in
this case.
The rule against double jeopardy protects the For an acquittal to be considered tainted with grave abuse of
accused not against the peril of second punishment but against RemedyofStatefromJudgmentofAcquittal: discretion, there must be a showing that the prosecution's right to
being tried for the same offense. Nemo bis
punitur pro eodem Bowdenv.Bowden2019Division due process was violated or that the trial conducted was a sham. The
delicto.Nomanispunishedtwiceforthesamefaultoroffense. burden is
on
the
petitioner to
clearly demonstrate that the trial court
If the court finds the evidence insufficient to support a verdict of blatantly abused its authority to a point so grave as to deprive it of its
guilt, the
court shall grant the
demurrer and
the criminal case shall verypowertodispensejustice.
Peoplev.Sandiganbayan(SecondDivision)2019Division be dismissed. Such dismissal is a resolution on the
merits and
tantamount to an acquittal. Any further prosecution of the accused In
this case, petitioner Mandagan faults the CA in granting the petition
We adhere to the
finality-of-acquittal
doctrine, that
is,
a judgment
after an acquittal is a violation of his constitutional right against for certiorari of respondent JMV Corporation and reversing her
ofacquittalisfinalandunappealable.
double jeopardy. Accordingly, an order granting the demurrer to acquittal. While petitioner Mandagan agrees that the
rule
on double
In our jurisdiction, the finality-of-acquittal doctrine as a safeguard evidence and acquitting the accused on the ground of insufficiency of jeopardy is not without exceptions, she
nevertheless maintains that
against double jeopardy faithfully adheres to the principle first evidencecannotbethesubjectofanappeal. no
grave abuse of
discretion
was
attributable to the RTC in rendering
enunciated in Kepner v. United States. As succinctly observed in theDecision.
Green v. United States
the
underlying idea
is
that
the
State
with
all It
bears
stressing,
however, that the Court is not at all precluded from
reviewing an order of denial if it is shown that grave abuse of The CA, in taking cognizance of the petition for certiorari of
its resources and power should not be allowed to make repeated
discretionattendeditsissuance. respondent JMV Corporation, thus reasoned that such error of
attempts to convict an individual for an alleged offense, thereby
judgment on the part of
the
RTC
"unfolded"
into
one
of
jurisdiction,
subjecting him embarrassment, expense and ordeal and compelling The rule
barring
an
appeal
from
a judgment
of
acquittal
is,
however, allegedly due to a misappreciation of the evidence. This is an
him to
live in
a continuing state
of
anxiety
and insecurity, as well as notabsolute.Thefollowingaretherecognizede xceptionst hereto: egregiouserror.
enhancing the possibility that even though innocent, he may be found
guilty. 1. whentheprosecutionisdenieddueprocessoflaw;and Judicial review in certiorari proceedings shall be confined to the
2. when the trial court commits grave abuse of discretion question of whether the judgment for acquittal is per se void on
Theelementsofdoublejeopardyare amounting to lack or excess
of
jurisdiction
in
dismissing a jurisdictional grounds. The court will look into the decision's
(1) the complaint or information was sufficient in form and criminal case by granting the accused's demurrer to validity — if
it
was
rendered by
a court without jurisdiction or if the
substancetosustainaconviction; evidence. court acted with grave abuse of discretion amounting to lack or
(2) thecourthadjurisdiction; excessofjurisdiction—notonitslegalcorrectness.
Peoplev.CTA2019Resolution
(3) theaccusedhadbeenarraignedandhadpleaded;and As long as a court acts within its jurisdiction, any alleged errors
(4) the accused was convicted or acquitted or the case was A judgment of
acquittal cannot be
appealed as
this
would violate the committed in the exercise of its discretion is not reviewable via
dismissedwithouthisexpressconsent. constitutionally guaranteed right of the accused against double certiorariforbeingnothingmorethanerrorsofjudgment.
jeopardy enshrined in the
Constitution. An exception, however, exists Guided by the foregoing, the Court so finds that the CA committed
The only instance when the accused can be barred from invoking his
if the judgment of acquittal was rendered with grave abuse of reversibleerrorwhenitannulledtheRTCDecision.
right against
double
jeopardy is
when it can be demonstrated that the
discretion. In
such
a case, the
judgment of
acquittal may
be
assailed
trial court
acted
with grave
abuse of
discretion amounting to
lack or
viaapetitionforcertiorariunderRule65.
excess of jurisdiction, such as where the prosecution was not allowed
the opportunity to make its case against the accused or where the In this case, however, the arguments raised by petitioner involve
S.RightAgainstInvoluntaryServitude
trialwassham. mistakes in the appreciation of the
facts
and
the
evidence allegedly Sec 18.
xxx
No
involuntary servitude in any form shall exist except
committed by the
CTA
Second Division which do
not
fall
within the
In this case,
all
the
elements
of double jeopardy are
present:
(1)
the as
a punishment for
a crime whereof the party shall have been duly
ambitofRule65.
Informations for thirteen (13) counts of violation of
Section
3(h) of convicted.
R.A. No. 3019 were sufficient in form and substance to sustain
the
conviction of the respondent; (2) the court a quo definitely had Mandaganv.JoseM.ValeroCorp2019Division
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T.ExpostfactolawsandBillsofAttainder individuals or a group of individuals, the imposition of a F.Powersanddutiesofpublicofficers
punishment, penal or otherwise, and the lack of judicial trial. This G.Rightsofpublicofficers
⭐Fuertesv.SenateofthePhilippines2020EnBanc last
element, the total lack of court intervention in the finding of guilt
and the determination of the actual penalty to be imposed, is the H.Liabilitiesofpublicofficers
Contrary
to petitioner's
assertion,
the Anti-Hazing Law is not a bill of most essential. P.D.
No. 1866 does
not
possess
the elements of a bill
Preventivesuspensionandbacksalaries
attainder. ofattainder.
Illegaldismissal,reinstatement,andbacksalaries
In modern times, a bill of attainder is generally understood as a
legislative act
which inflicts punishment on individuals or members InmatesoftheNewBilibidPrisonv.DeLima2019EnBanc I.Immunityofpublicofficers
ofaparticulargroupwithoutajudicialtrial.
While R.A. No. 10592 does not define a crime/offense or J.Distinguish:defactoanddejureofficers
For
a law
to
be a bill of attainder, it must be shown to
considered provide/prescribe/establish a penalty as it addresses the
rehabilitation component of our correctional system, its
provisions K.Terminationofofficialrelation
containallo fthefollowing:
have the purpose and effect
of
diminishing the punishment attached L.Civilservice
1. a specification of certain individuals or a group of to the crime. The further reduction on the length of the penalty of
individuals, imprisonment is,
in
the
ultimate analysis,
beneficial to the detention Scope
2. theimpositionofapunishment,penalorotherwise,and and convicted prisoners alike; hence, calls for the application of
Appointmentstothecivilservice
3. thelackofjudicialtrial. Article22oftheRPC.
Personnelactions
The
most essential of these elements is the complete exclusion of the The prospective application of the beneficial provisions of
R.A. No.
courtsfromthedeterminationofguiltandimposablepenalty. 10592 actually works to the disadvantage of petitioners and those M.Accountabilityofpublicofficers
who are similarly situated. It precludes the decrease in
the penalty
Indeed, it
is
only
when a statute
applies either
to
named individuals attached to their respective crimes and lengthens their prison stay; Typesofaccountability
or to easily ascertainable members of a group in such a way as
to thus, making more onerous the punishment for the crimes they TheOmbudsmanandtheOfficeoftheSpecialProsecutor
inflict punishment on
them without
a judicial
trial
does
it
become a committed. Depriving them of time off to which they are justly
billofattainder. entitled as a practical
matter results in
extending their
sentence and TheSandiganbayan
Here, the mere filing of an Information against petitioner and her increasing their punishment. Evidently, this transgresses the clear N.Termlimits
fellow sorority members is not a finding of their
guilt of
the
crime mandateofArticle22oftheRPC.
charged. Contrary to her claim, petitioner is not being charged merely Thus, Section 4,
Rule
1 of the Implementing Rules and Regulations of
because she is a member of the Tau Gamma Sigma Sorority, but Republic Act
No. 10592 is
DECLARED invalid
insofar
as
it
provides A.Generalprinciples
because she is allegedly a principal by direct participation in the for the prospective application of the grant of good conduct time
hazing that led
to
Abracia's death. As
stated, these are matters for the allowance, time allowance for study, teaching and mentoring, and Section 1.
Art
XI.
Public
office a public
is trust. Public officers
trial
court to
decide. The
prosecution must
still
prove these offense, specialtimeallowanceforloyalty.
and the accused's participation in it, beyond reasonable doubt. and employees must, at all times, be accountable to the people,
Petitioner,inturn,maypresentherdefensestotheallegations. serve them with utmost responsibility, integrity, loyalty, and
efficiency;actwithpatriotismandjustice,andleadmodestlives.
Misolasv.Panga
X.LAWONPUBLICOFFICERS
Sec 2(b) RA 3019. "Public officer" includes elective and
But even if a challenge on the ground that P.D. 1866 is a bill of A.Generalprinciples
appointive officials and employees, permanent or temporary,
attainder could be
appropriately considered, it
will
still
be
met with B.Modesofacquiringtitletopublicoffice whether in the classified or unclassified or exempt service
little success. The Court,
in
People v.
Ferrer, supra, defined a bill
of receiving compensation, even nominal, from the government as
attainder as a legislative act which inflicts punishment on C.Modesandkindsofappointment
definedintheprecedingsubparagraph.
individuals or members of a particular group without a judicial trial. D.Eligibilityandqualificationrequirements
Essential to a bill of attainder are a specification of certain
E.Disabilitiesandinhibitionsofpublicofficers
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Sec 3 (b) RA 6713. "Public Officials" includes elective and To designate a public
officer
to
another position may mean
to vest Unless
the
powers
conferred
are of this nature, the individual is not a
appointive officials and employees, permanent or temporary, him with additional duties while he performs the functions of his publicofficer.
whether in
the
career
or
non-career
service, including
military and permanent office. Or in some cases, a public officer may be
police personnel, whether or not they receive compensation, designatedtoapositioninana ctingcapacity. Carandangv.Ombudsman2
011
regardlessofamount.
A corporation is considered a GOCC only when the Government
NLTDRAv.CSC
SecofDOTCv.Mabalot directly or indirectly owns or controls at least a majority or 51%
There is no such thing as a vested interest or an estate in an office, share of the capital stock. Consequently, RPN was neither a GOCC
A
public office may be created through any of the following modes, to or even an absolute right to hold it. Except constitutional offices because of the Government's total
share
in
RPN's capital stock being
wit,either which provide for
special immunity as regards salary and tenure, no only32.4%.
(1) bytheC
onstitution, one can be said to have any vested right in an office or its salary.
(2) byl aw,or Noneoftheexceptionstothisruleareobtaininginthiscase. Abejav.Tanada
(3) bya
uthorityoflaw. To reiterate,
the
position
which
private respondent Garcia would like
We find as erroneous the substitution of the deceased Rosauro
to occupy anew was abolished pursuant to EO No. 649, a valid Radovan's widow, Ediltrudes Radovan, on the ground that private
In the instant case, the creation and establishment of LTFRB-CAR
reorganization measure. There is no vested property right to be respondent had a counter-claim for damages. "Public office is
Regional Office was made pursuant to the third mode — by re-employedinareorganizedoffice.
authority of law, which could be decreed for instance, through
an personal to
the
incumbent and
is
NOT
a property which passes
E.O. issued by
the
President or
an
order of
an
administrative agency to his heirs" The heirs may no longer prosecute the deceased
Laurelv.Desierto protestee's counterclaim for damages against the protestant for
that
suchastheCSCpursuanttoSection17,BookVofE.O.292.
was extinguished when death terminated his right to occupy the
The President, through Administrative Order
No.
36,
did
not merely The characteristics of a public office, according to Mechem,
contestedoffice.
authorize but directed, in no uncertain terms, the various include
departments and agencies of government to immediately undertake (1) thedelegationofsovereignfunctions,
DelaVictoriav.Comelec
the
creation and establishment of their regional offices in the CAR. To
(2) itscreationbylawandnotbycontract,
us,
Administrative Order No.
36
is
a clear
and
unequivocal directive Whether the heirs of the deceased protestee in an election protest
and mandate — no less
than from the Chief Executive — ordering the (3) anoath, may be considered as real party-in-interest even if the vice-mayor
heads of government departments and bureaus to effect the (4) salary, has been allowed to intervene and the protestant had waived his
establishmentoftheirrespectiveregionalofficesintheCAR. claimfordamagesandcostsintheproceedings.
(5) continuanceoftheposition,
As to the issue regarding Sections 7 and 8, Article IX-B of the
(6) scopeofduties,and
NO. The late Genoveva Mesina's claim to the contested office was not
Constitution, we hold
that
the
assailed Orders of the DOTC Secretary in any sense a transmissible right that
devolved upon her
surviving
do not violate the aforementioned constitutional provisions (7) thedesignationofthepositionasanoffice.
spouse and
her children
after
her death. Public office is personal to
considering that in the case of Memorandum Order No.
96-735, the The most important characteristic which distinguishes an office from theincumbentandisnotapropertywhichpassestohisheirs.
organic personnel of the DOTC-CAR were, in effect, merely an employment or contract is
that
the
creation
and conferring of an Private respondents’ only interest in the outcome of the case is
designated to
perform the additional duties and functions of an office involves a d
elegation to the individual o
f some of the limited to no more than their interest in defending her against the
LTFRB Regional Office subject to the
direct
supervision and
control sovereign
functions of government, to be exercised by him for protestant's claim for damages and costs. They may no longer
of LTFRB Central Office, pending the creation of a regular LTFRB the benefit of the public — that some
portion of
the
sovereignty of prosecute her own counter-claim for
damages against the
protestant
RegionalOffice. the country, either legislative, executive or
judicial,
attaches,
for
the for
that
was extinguished when death terminated her
right to occupy
timebeing,tobeexercisedforthepublicbenefit. thecontestedofficeofmayorofAlbuera,Leyte.
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assumes a position in the civil service under a completed
Libananv.Sandiganbayan Nevertheless, the aforementioned g eneral rules cannot be
appointment, he acquires a legal, not merely equitable, right (to
the
simply applied to the case at b ar given its peculiar
Petitioner contends that
the
order of suspension, being predicated on position) which is protected not only by statute, but also by the
circumstances.
his acts supposedly committed while still a member of the constitution, and
cannot
be
taken away from him either by revocation
Sangguniang Bayan, can no longer attach to him now that he
is
the of the appointment, or by removal, except for cause, and with Section 3,
Rule VI of
the
Revised Omnibus Rules on Appointments
duly elected and incumbent Vice-Governor of Eastern Samar. The previousnoticeandhearing.” and Other Personnel Actions only categorically recognizes the
right
implementation of the suspension order, he further claims, would of
the appointee to
payment of
salaries from
the government, during
To be sure, her position as
Manager
II
never
became vacant since
amounttoadeprivationofpropertywithoutdueprocessoflaw. the pendency of his motion for reconsideration or appeal of the
her demotion was void. In this jurisdiction, "an
appointment to
a
disapproval of
his appointment, if
the
appointment was disapproved
In
Deloso v.
Sandiganbayan, this Court
rejected a similar argument non-vacantpositioninthecivilserviceisnullandvoida binitio.”
on grounds which do not constitute a violation of
civil
service
advanced by Governor Deloso who, at the time of issuance of the
While petitioner Anino’s appointment to the contested position is law, such as failure of the appointee to meet the Qualification
suspension order, was already occupying the office of
governor
and
void, as earlier discussed, he is nonetheless considered a de facto Standards(QS)prescribedfortheposition.
not the position of municipal mayor that he held previously when
officerduringtheperiodofhisincumbency.
chargedwithhavingviolatedtheAnti-GraftLaw. Section 4, Rule VI then applies if the appointment was disapproved
In the later case of Civil Liberties Union v. Executive Secretary, this for violation of civil service law, wherein the appointing
Prior to
Deloso,
in
Bayot v. Sandiganbayan, the suspension of then
Court allowed a de facto officer to receive emoluments for actual authority shall be personally liable for the salary of the appointee.
Cavite mayor Bayot was also sustained even as he was
charged for
servicesrenderedb utonlywhenthereisnod ejureofficer. This is in complete accord with the Section 65, Chapter 10, Book V, of
acts
committed as a government auditor of the Commission on Audit.
In
fine,
the rule is
that where there is a de jure officer, a de facto ExecutiveOrderNo.292.
In
both instances,
this
Court ruled
that
the
term "o
ffice" used in the
officer, during his wrongful incumbency, is not entitled to the Petitioners' appointments were invalidated and revoked on the
law could apply to any office which the officer charged might
emoluments attached to the office, even if he occupied the office ground that
said appointments were made by former Mayor Remollo
currently be holding and not necessarily the
particular office
under
in
good faith. This rule, however, cannot be applied squarely on in violation of a CSC
Resolution,
which prohibits the
outgoing chief
whichhewascharged.
thepresentcase. executive from making mass appointments after elections. Upon
Obviously,
the
suspension order cannot amount to a deprivation
Monserate is entitled only to backpay differentials for the period disapproval of petitioners' appointments, for being in violation of
of without due process of law. Public office is "a public
property
starting from
her assumption as
Administrative Officer up to the time civil service law, petitioners
may no
longer
claim
entitlement to
the
agency or trust," and it is not the property envisioned by the paymentoftheirsalariesfromthegovernment.
of her actual reinstatement to her rightful position as Division
Constitutionalprovisionwhichpetitionerinvokes.
Manager. Such backpay differentials pertain to the difference between Only
if
this
Court finally
rules
that petitioners' appointments did not
TheGeneralManager,PPAv.Monserate the salary rates for the positions of Manager II and Administrative violate any
civil
service law,
is
petitioners'
right
to
payment
of their
Officer. The same must be paid by petitioner Anino corresponding salaries by the City Government of Dumaguete, during the given
Whether or
not
there
was due process when respondent was replaced from the
time
he wrongfully assumed the contested position up to the period,indisputablyestablished.
by petitioner Anino from her position as Manager II, Resource timeofhisretirement.
ManagementDivision,anddemotedasAdministrativeOfficer.
B.Modesofacquiringtitletopublicoffice
NO. This Court cannot accord validity to the August 11, 1988 Nazarenov.CityofDumaguete 1. Bye
lection;
Resolution of the PPA Appeals Board which “upholds the The general rule is
that
appointments shall
take effect
immediately; 2. Bydirectprovisionoflaw;
appointment of Ramon A. Anino as Resource Management and should the appointees already assume the duties of their
Division Manager.” The PPA Appeals Board could not uphold an 3. Bya
ppointment.
positions, they shall be entitled to receive their salary at once.
appointmentwhichwasnotyetexisting. There is
no
need
to
wait for
the
approval of
the appointments by the C.Modesandkindsofappointment
In Aquino v. Civil Service Commission, this Court emphasized that CSC. The appointments shall be effective until disapproved by
theCSC. The
appointment
to
a government
post
to
be
complete involves several
“once an appointment is issued and the moment the appointee
steps.
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First,comesthenominationbythePresident.
Where a person holds his position at the pleasure of a superior or 1. tom
aketheappointmentitselfor
Second, to make that nomination valid and permanent, the
subject
to some supervening event, his
separation from
office is not 2. to direct the appointing authority to change the
Commission on Appointments of the Legislature has to confirm
a removal. It is effected by the will of the superior or by the employmentstatusofanemployee.
saidnomination.
happening of the contingency, resulting in another and different mode
Third and
last
is acceptance thereof by the appointee by
the The CSC can only
inquire into the eligibility
of
the person chosen
ofterminatingofficialrelationsknownase xpirationoftheterm.
hisassumptionofoffice. to fill
a position and if
it
finds the person qualified it must so attest.
There are now only two kinds of appointment under the If not,
the appointment must be disapproved. The duty of
the
CSC
is
There is
no
power in
this
country
which can compel a man AdministrativeCodeof1987,p ermanentandtemporary. to a ttest appointments and after that function is discharged, its
toacceptanoffice. Strictly speaking, the petitioner's temporary appointment as participationintheappointmentprocessceases.
Executive Director of the LTO should have ended twelve months after In the case at bench, CSC should
have
ended its participation in
the
PermanentvsTemporaryAppointments
he assumed office, or on July 16, 1988. From that date, his appointment of
private respondent when it
confirmed the temporary
Appointmentinthecareerserviceshallbepermanentortemporary. appointment had ceased to be valid even if
a qualified
replacement status of the latter who lacked the proper civil service eligibility.
1. Permanent status.
A permanent appointment
shall be
issued was not yet available and consequently had to be discontinued. When it issued the
foregoing communication, it
stepped on the toes
to
a person who meets all
the
requirements
for
the position to Indeed, even on the assumption that his appointment could be
and of the appointing authority, thereby encroaching on the discretion
which he is being appointed, including the appropriate had been validly extended beyond the one-year limit, that
extended vestedsolelyuponthelatter.
eligibility prescribed, in accordance with the provisions of law, term was nevertheless validly terminated with the appointment of
Dato,
being
merely a temporary employee, is not entitled to the
rulesandstandardspromulgatedinpursuancethereof. hisqualifiedreplacement.
relief
he
seeks,
including his claim for backwages for the entire
2. Temporary appointment. In the absence of appropriate periodofhissuspension.
ProvofCamarinesSurv.CA
eligibles and it
becomes necessary in the public interest to fill
a
vacancy, a temporary appointment shall be issued to a person WON Dato was a permanent employee of petitioner Province of Sevillav.Santos
who meets all
the requirements for the position to which he is CamarinesSuratthetimehewassuspendedonMarch16,1976.
May
an officer who was appointed to an office in an "acting" capacity,
being appointed except the appropriate civil
service eligibility: NO. Dato does not dispute the fact that at the time he was appointed
bring
a quo
warranto action
against the permanent appointee to the
Provided, That such temporary appointment shall not exceed Assistant P rovincial Warden, he had not yet qualified in an
position?
twelve months, but the appointee may be
replaced sooner if
a appropriate e xamination for the
aforementioned position. Such lack
qualifiedcivilserviceeligiblebecomesavailable. of a civil service eligibility made his appointment temporary and NO. An "acting" appointment is merely temporary, one which is good
without a fixed and definite term and is
dependent entirely upon the only until another appointment is made to take its place. Hence,
Pangilinanv.Maglaya
pleasure of the appointing power. The fact that Dato obtained civil petitioner's right
to
hold
office as "Acting City Engineer of Cabanatuan
Gray and the other cases cited by the petitioner involved permanent service eligibility later on is of
no moment as his having passed the City"
was
merely temporary. It lapsed upon the appointment of Nerito
appointees who therefore had security of tenure. Pangilinan was supervising security guard examination, did not ipso facto convert Santosasthepermanentcityengineer.
only an acting appointee because he did not have the requisite his temporary appointment into a permanent one. In cases such
In as much as the petitioner does not aver that he is
entitled to
the
qualifications; as such, he could not claim security of tenure. The fact as
the one at bench, what is required is a n ew appointment since
office of City Engineer of Cabanatuan City and that Santos is
a mere
that Pangilinan was qualified for his
initial appointment as agent
in a permanent appointment is not a continuation of the usurper of said office, the CA committed no reversible error in
the NBI does not mean he was qualified for all other positions he temporary appointment — these are two distinct acts of the dismissingpetitioner'sactionforquowarranto.
might later occupy in the civil service. The law does not prescribe appointingauthority.
uniform qualifications for all public positions regardless of nature or In Luego v. Civil Service Commission, the Court ruled that CSC has
degree.
D.Eligibilityandqualificationrequirements
the power to approve or disapprove an appointment set
before it. It
SocialJusticeSocietyv.PDEA
doesnothavethepower
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Subject to the provisions on nuisance candidates, a candidate for E.Disabilitiesandinhibitionsofpublicofficers Neither shall he
engage
in the
practice of
any
profession or
in
senator needs only
to meet the qualifications laid down in Sec. 3, Art. the active management or control of any business which, in any
ConstitutionalInhibitions
VIoftheConstitution,towit: way, may
be
affected
by
the functions of his office, nor shall he
1. The President and VP shall not receive during their tenure be financially interested, directly or
indirectly, in
any
contract
(1) citizenship,
any other emolument from the Government or any other with, or in any franchise or privilege granted by the
(2) voterregistration, source.(Sec6ArtVII) Government.(S ec2ArtIX-A,Sec8ArtXI)
(3) literacy, 2. The President, Vice-President, the Members of the 6. No officer or employee in the civil service shall engage,
(4) age,and Cabinet, and their deputies or assistants shall not,
unless directly or
indirectly,
in any electioneering or partisan political
otherwise provided in this Constitution, hold any
other office campaign.(Sec2[4]ArtIX-B)
(5) residency.
or
employment during
their tenure.
They shall not, during said Partisan political activity means active support for or
Beyond these stated qualification requirements, candidates for tenure,directlyorindirectly,
affiliation
with the
cause of
a political party or candidate. This
senator need not possess any other qualification to
run
for
senator
a. practiceanyotherprofession, generally includes becoming actively identified with the
andbevoteduponandelectedasmemberoftheSenate.
b. participateinanybusiness,or success or
failure
of
any
candidate or
candidate for
election to
The Congress cannot validly amend or otherwise modify these publicoffice.
qualification standards, as
it
cannot
disregard,
evade,
or
weaken the c. be
financially interested in any contract with, or in any
franchise, or special privilege granted by the 7. No elective official shall be eligible for appointment or
forceofaconstitutionalmandate,oralterorenlargetheConstitution.
Government. designation in any capacity to any public office or position
duringhistenure.
Maquerav.Borra They shall strictly avoid conflict of interest
in
the
conduct
of
theiroffice.(Sec13ArtVII) Unless otherwise allowed by law or
by
the
primary functions
That said property qualifications are inconsistent with the nature and of his position, no appointive official shall hold any other
essence of the Republican system ordained in our Constitution and 3. No Senator or Member of the House of Representatives
officeoremploymentintheGovernment.(S ec7ArtIX-B)
the principle of
social justice underlying the same, for said political may hold any other
office
or
employment in the
Government,
duringhistermwithoutforfeitinghisseat.(Sec13ArtVI) 8. No elective or appointive public officer or
employee shall
system is premised upon the tenet that sovereignty resides in the
receive additional, double, or indirect compensation, unless
people and all government authority emanates from them, and this, 4. No Senator or Member of the House of Representatives
specifically authorized by
law, nor
accept without the consent
in
turn, implies necessarily that the
right to vote and to be voted for may personally appear as counsel before any court of justice or
of
the
Congress, any
present, emolument, office,
or
title
of any
shall not
be
dependent upon the
wealth of the individual concerned, before the Electoral Tribunals, or quasi-judicial and other
kindfromanyforeigngovernment.
whereas social justice presupposes equal opportunity for all, rich administrativebodies.
and poor alike, and that, accordingly, no person shall, by reason of Pensions or gratuities shall not be considered as additional,
Neither shall
he,
directly or indirectly, be interested financially
poverty,bedeniedthechancetobeelectedtopublicoffice. double,orindirectcompensation.(S ec8ArtIX-B)
in any contract with, or in any franchise or special privilege
grantedbytheGovernment,duringhistermofoffice. 9. No loan, guaranty, or other form of financial accommodation
Frivaldov.Comelec for any
business purpose may be granted, directly or indirectly,
He shall not intervene in any matter before any office of the
by any government-owned or controlled bank or financial
Literally, such qualifications — unless otherwise expressly Government for his pecuniary benefit or where he may be
institution to the President, the Vice-President, the
conditioned, as in the case of age and residence — should thus
be calledupontoactonaccountofhisoffice.(S ec14ArtVI)
Members of the Cabinet, the Congress, the Supreme Court,
possessed when the "elective [or elected] official"
begins
to
govern,
5. No member of a Constitutional Commission, the and the Constitutional Commissions, the Ombudsman, or
i.e.,atthetimeheisproclaimedandatthestartofhisterm.
Ombudsman and his
deputies,
shall, during his tenure, hold to any firm or entity in which they have controlling interest,
anyotherofficeoremployment. duringtheirtenure.(Sec16ArtXI)
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Government, is understood to include any subdivision, agency, or purchase by
an
officer
or employee shall be void. (Sec 36 Book 5. Disqualifications. — xxx No
chairman or
commissioner of
the
instrumentalitythereof,includingGOCCsortheirsubsidiaries. IEO292) Comelec shall
sit
in
any
case
in
which
he has manifested bias
2. Inhibitions Against Holding More
than
Two
Positions. — Even or prejudice or antagonism against any party thereto and in
ConstitutionalDisqualifications
if
allowed
by
law or by the primary functions of his position, a connection therewith, or in any case in which he would be
1. The spouse and relatives by consanguinity or affinity within member of the Cabinet, undersecretary, assistant disqualified under the Rules of Court. (Sec 6 Title I-C Book V EO
the
fourth
civil
degree of
the President
shall
not,
during his secretary or other appointive official of the Executive 292)
tenure,beappointedas Department may, in addition to his primary position, hold not 6. Inhibitions Against Commissioners. — The Chairman and the
a. MembersoftheConstitutionalCommissions,or more than two positions in the government and GOCCs and Members of the CHR shall not, during their tenure, hold any
receivethecorrespondingcompensationtherefor. otherofficeoremployment.
b. theOfficeoftheOmbudsman,or
This limitation shall not apply to ad hoc bodies or committees, Neither shall they
engage in the practice of any profession or in
c. asSecretaries,Undersecretaries,
or to boards, councils or bodies
of
which the
President
is
the the
active management or control of any business which in any
d. chairmen or heads of bureaus or offices, including Chairman. way will be affected by the
functions of
their
office,
nor
shall
GOCCsandtheirsubsidiaries.(S ec13ArtVII)
If a Secretary, Undersecretary, Assistant Secretary or other they be financially interested, directly or indirectly, in any
2. No Senator or Member of the House of Representatives appointive official of the Executive Department holds more contract with, or in any franchise or privilege granted by the
may be appointed to any office which may have been created or positions than what is
allowed, he
must relinquish the
excess government.(S ec3TitleII-ABookVEO292)
the
emoluments thereof increased during the term for which he positions in
favor
of
a subordinate official
who is next in rank, 7. Prohibited Business and Pecuniary Interest. — It shall be
waselected.(S ec13ArtVI) but in no
case shall
any official
hold
more than
two positions unlawful for any local government official or employee,
3. The Members of the Supreme Court and of other courts otherthanhisprimaryposition.(Sec49BookIVEO292) directlyorindirectly,to:
established by law shall not be designated to any agency 3. Disqualification of judges. — No judge or judicial officer a. Engage in any business transaction with the LGU in
performing quasi-judicial or administrative function. (Sec 12 shallsitinanycase which he is an
official or
employee or
over
which he
ArtVIII)
a. in which he, or his wife or child, is pecuniarily has the power of supervision, or with any of its
4. Appointees to the Constitutional Commissions must not
have interestedasheir,legatee,creditororotherwise,or authorized boards, officials, agents, or attorneys,
been candidates for any elective position in the elections whereby money is
to
be paid, or property or any other
b. in which he is related to either party within the
immediatelyprecedingtheirappointment.(S ec1[1]ArtIX-B) thing of value is to be transferred, directly or
sixthdegreeofconsanguinityoraffinity,or
5. The Ombudsman and his
Deputies shall not be qualified to run indirectly, out of the resources of the LGU to such
c. to counsel within the fourth degree, computed
for any office in the election immediately succeeding their personorfirm;
accordingtotherulesofthecivillaw,or
cessationfromoffice.(S ec11ArtXI) b. Hold such interests in any cockpit or other games
d. in which he has been executor, administrator, guardian,
6. No candidate who has lost in any election, shall within one licensedbyanLGU;
trusteeorcounsel,or
year after such election, be appointed to any office in the c. Purchase any real
estate or
other property forfeited in
Government or
any
GOCCs or
in any
of
their subsidiaries. (Sec e. in which he has been presided in any inferior court
favor of such LGU for unpaid taxes or
assessment, or
6ArtIX-B) whenhisrulingordecisionisthesubjectofreview, by
virtue of
a legal
process at
the instance of
the
said
OtherInhibitions without
the
written
consent
of
all
parties
in interest, signed by LGU;
themandenteredupontherecord.(S ec1R137) d. Be a surety for any person contracting or doing
1. Inhibition Against Purchase of Property at Tax Sale. — No
officer or employee of
the
government shall
purchase directly 4. Certain attorneys not to
practice. — No judge or
other
official business with
the
LGU for
which a surety
is
required;
or indirectly any property sold by the government for the or
employee of
the superior courts or
of
the
OSG, shall engage and
non-payment of any tax, fee or other public
charge.
Any such in
private
practice as
a member of the
bar or give professional
advicetoclients.(S ec35R138)
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e. Possess or use any public property of the LGU for employment.
(Sec
4 R3
RR
to
Govern
the
Exercise
of
the Right 5. Ministerial Function. A mechanical act that must be
privatepurposes.(S ec89LGC) ofGovernmentEmployeestoSelf-Organization) performed in any case, and if it is not, may be ordered
8. PracticeofProfession.—
10. There are prohibited acts and transactions as well under performedbyacourtofjustice.
Section7ofRANo6713.
a. All governors, city and municipal mayors are G.Rightsofpublicofficers
prohibited from practicing their profession or F.Powersanddutiesofpublicofficers A. Right to Office. If the appointment only stated the position and
engaging in
any
occupation other
than
the
exercise of SourceofPower not a particular station, then the officer may validly be
theirfunctionsaslocalchiefexecutives. reassigned or transferred to any station without violating the
Section 1. Art II. The Philippines
is
a democratic
and
republican
b. Sanggunian members may practice their righttosecurityoftenure.
State. Sovereignty resides in the people and all government
professions, engage in any occupation, or teach in authorityemanatesfromthem. B. Preference in Promotion. We find no mandatory nor
schoolse xceptduringsessionhours. peremptory requirement in the foregoing provision that
Notes
c. Sanggunian members who are also members of the Bar persons next-in-rank are
entitled to preference in appointment.
1. The
express
grant
of
power
carries with
it the grant of all other What it does provide is that they would be among the first to be
shallnot:
powers necessary, proper, or incidental to the effective and considered for the vacancy if qualified, and if the vacancy is
i. Appear as counsel before any court in any efficientexerciseoftheexpresslygrantedpower. not
filled by
promotion, the
same shall
be
filled by transfer or
civil
case
wherein a local government unit or
2. Alter ego principle. Under the doctrine of qualified othermodesofappointment.
any office, agency, or instrumentality of the
governmentistheadverseparty; political agency, which recognizes the establishment of a C. Leave of Absence. 15 days VL of absence and 15 days of SL for
single executive, all
executive and administrative organizations each year of service with full pay, exclusive of Saturdays,
ii. Appear as counsel in any criminal case
are adjuncts of the Executive Department, the heads of the Sundaysandholidays.
wherein an officer or employee of the
various executive departments are assistants and agents of
the D. Retirement Pay. Retirement laws should be interpreted
national
or
local
government is accused of an
Chief Executive, and, except
in cases where the Chief Executive liberally in favor of the retiree because their intention is to
offensecommittedinrelationtohisoffice.
is required by the Constitution or law to act in person or
the provide for his sustenance, and
hopefully even comfort,
when
iii. Collect any fee for their appearance in exigencies of the situation demand that he act personally, the henolongerhasthestaminatocontinueearninghislivelihood.
administrative proceedings involving the multifarious executive and administrative functions of the
local government unit of which he is an Chief Executive are performed by and through the executive Santiagov.COA
official;and departments, and the acts of the Secretaries of such
Whether t he additional compensation of Santiago received in his
iv. Use property and personnel of the departments, performed and
promulgated in the regular course
capacity as
MIAA AGM redounds to the computation of his retirement
government except when the sanggunian of
business, are, unless disapproved or reprobated by the Chief
pay.
member concerned is defending the interest ExecutivepresumptivelytheactsoftheChiefExecutive.
ofthegovernment. 3. This doctrine is corollary to the control power of the YES. An honorarium is defined as something given not as a matter of
d. Doctors of medicine may practice their profession President. Control is said to be the very heart of the
power of obligation but in appreciation for services rendered, a voluntary
thepresidency. donation in consideration of services which admit of no
even during official
hours
of
work
only on
occasions
compensation in money. The additional compensation given to the
ofemergency. 4. Discretionary Function. Ordinarily, mandamus will not
petitioner was in the nature of a salary because it was received by him
Provided that the officials concerned do not derive prosper to compel a discretionary act. But where there is
as a matter of right in recompense for services rendered by him as
monetarycompensationtherefrom.(S ec90LGC) "gross abuse of discretion, manifest injustice or palpable
Acting Assistant General Manager for
Finance
and Administration. In
excess of authority" equivalent to denial of a settled right to
9. Civil servants shall not strike against the Government as a fact, even Chairman Domingo referred to it in his letter as the
which petitioner is
entitled, and there is no other plain, speedy
means of securing changes in the terms and conditions of petitioner's"salarydifferential."
andadequateremedy,thewritshallissue.
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We agree with the petitioner that in the law in question, the term customs even if he acted under orders or instructions of his service shall be removed or suspended except
for
cause
provided
"appointment" was used in a general sense to include the term superiors. bylaw."
"designation." In other words, no distinction was intended between 5. A public officer commits an
offense in relation
to
his
office
if To deny these employees their back salaries amounts to
the two terms in Section 9 of Executive Order No. 966. We think this to he perpetrates the offense while performing, though in an unwarranted punishment after they have
been
exonerated
from
the
be
the
more reasonable interpretation, especially considering that the improper or irregular manner, his official functions and chargethatledtotheirdismissalorsuspension.
provision includes in the highest salary rate "compensation for he cannot commit the offense without holding his public MuniofJasaanv.Gentallan
substitutionaryservicesorinanactingcapacity." office. In such a case, there is an i ntimate connection
betweentheoffenseandtheofficeoftheaccused. An illegally dismissed government employee who is later ordered
For the
additional
services
he
rendered for
the
MIAA, he
was entitled
reinstated is
entitled
to
backwages and other monetary benefits from
to additional compensation which, following the letter and spirit
of Preventivesuspensionandbacksalaries thetimeofherillegaldismissaluptoherreinstatement.
Section9,shouldbeincludedinhishighestbasicsalaryrate.
RighttoCompensation. In the instant
case,
we
note
that
there
is
no
finding
that malice or
H.Liabilitiesofpublicofficers GR: Nowork,nopay; bad faith attended the illegal dismissal and refusal to reinstate
Gentallan by her superior officers. Thus, they cannot be held
Doingofanactwhichapublicofficershouldnot EXC: he
T Court
crafted
two
conditions
before
an
employee may
Malfeasance personally accountable for her back salaries. The municipal
havedone. beentitledtobacksalaries:
government, therefore, should disburse funds to answer for her
Improperdoingofanactwhichapersonmight 1. the employee must be found innocent of the claimsresultingfromdismissal.
Misfeasance
lawfullydo. chargesa nd
2. hissuspensionmustbeunjustified LiabilityofSuperiorOfficersforActsofSubordinates
Failureofanagenttoperformhisundertakingfor
Nonfeasance
theprincipal. NB: observance of the second condition for an award Ariasv.Sandiganbayan
strict
A
1. A public officer shall not
be
civilly
liable
for
acts
done
in
the of back salaries becomes important only if the We would be
setting
a bad precedent if a head of office plagued by all
performance of his official duties, unless there is a clear employee is
not totally innocent of any administrative too common problems — dishonest or negligent subordinates,
showingofbadfaith,maliceorgrossnegligence. infraction. overwork, multiple assignments or
positions, or plain incompetence
2. Any public
officer who,
without just cause, neglects to perform There are two kinds of preventive suspension of civil service — is
suddenly swept into a conspiracy conviction simply because he
a duty within a period fixed by law or
regulation, or within
a employees who are charged with offenses punishable by
removal did not personally examine every single detail, painstakingly trace
reasonable period if none is
fixed, shall be
liable
for damages orsuspension: every step from inception, and investigate the motives of every
to the
private
party concerned without prejudice to such other person involved in a transaction before affixing
his
signature as the
(1) Preventivesuspensionp endinginvestigationand
liabilityasmaybeprescribedbylaw. finalapprovingauthority.
(2) preventivesuspensionpendingappeal;
3. A
head of
a department or a superior officer shall not be civilly All heads of offices have to rely to a reasonable extent on their
compensation is due only for
the period
of
preventive
suspension subordinates and on the good faith of those who prepare bids,
liable for the wrongful acts, omissions of
duty,
negligence, or
pending appeal should the employee be ultimately exonerated. (CSC purchasesupplies,orenterintonegotiations.
misfeasance of his subordinates, unless he has actually
v.RichardCruz2011EnBanc)
authorized by written order the specific act or misconduct
complainedof. Illegaldismissal,reinstatement,andbacksalaries Alfonsov.OfficeofthePresident2
007
4. No subordinate officer or employee shall be civilly liable for The Court has excepted from the general principle
of
no work, no Petitioner contends that the issuance of Rivera's titles merely
acts done
by him in good faith in the performance of his duties. pay
and awarded back
salaries even for
unworked days to illegally involved the mechanical procedure of transferring the dates
However, he shall
be liable for willful or negligent acts done by dismissed or unjustly suspended employees based on the contained in the derivative titles which she, as head of office, had
him which are
contrary to
law, morals, public policy and good constitutional provision that "no officer or employee in the civil everyrighttorelyontheb onafidesofhersubordinates.
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However, petitioner's foreknowledge of facts and circumstances Petitioners were well aware of their responsibilities before they We find that the petitioner should have instead been presumed to
that suggested an irregularity constituted added reason for her to affixed
their
signatures on
the
cash
advance vouchers. Yet,
they still have acted in
the
regular performance of his official duty because no
exercise a greater degree
of
circumspection before signing and chose
to
disregard the
requirements laid
down by
law
and
rules and evidence had been presented to show his having acted in bad faith
issuingthetitles. regulations by approving the vouchers despite the incomplete and with gross negligence. We should remind the
COA that it
could
informationtherein. not justly execute its constitutional function of disallowing
Exceptioni nC
esav.Ombudsman2
008EnBanc Petitioners cannot hide behind our declaration in Arias v. expenditures unless it accurately but fairly identified the persons
Sandiganbayan that heads of offices cannot be convicted of a liable for
the disallowances. This
the COA could
do
only if it had the
A public official's foreknowledge of facts and circumstances that conspiracy charge just because they did not personally examine adequatefactualbasisforidentifyingthepersonsliable.
suggested an irregularity constitutes an added reason to exercise a every single detail before they, as the final approving authorities, In our view, the petitioner's invocation of
the
Arias
doctrine
in
his
greater degree of circumspection before signing and issuing public affixed their signatures to
certain documents. The Court explained in favorwasappropriate.
documents. By failing
to prevent the irregularity that Cesa had reason that
case that conspiracy was not adequately
proven,
contrary to the
to suspect all along or to take immediate steps to rectify,
Cesa
had case at bar in which petitioners’ unity of purpose and unity in
tolerated the same and allowed it to wreak havoc on the coffers of the FieldInvestigationOfficev.Piano2017
the execution of an unlawful objective were sufficiently
city. established. Arias finds no application in this case since respondent signed
Also, unlike in Arias, where there were no
reasons for
the
heads of Resolution No. IAC-09-045 not as a head of the agency but as
Santillanov.People2010 Chairman of the IAC which has the
duty to inspect delivered items to
offices to further examine each voucher in detail, petitioners
herein, by
virtue of
the duty given
to
them by law as well as by be conforming to the
NAPOLCOM approved technical
specifications,
The doctrine in Arias v. Sandiganbayan could not be used by Ecleo,
rules and regulations, had the responsibility to examine each and rejects the same if it is shown otherwise. Moreover, even the
Jr.
to
escape liability, as the documents he had to approve were not so
voucher to ascertain whether it was proper to sign it in order to application of Arias may be barred in certain cases in view of
voluminoussoastoprecludehimfromstudyingeachonecarefully.
approveanddisbursethecashadvance. exceptional circumstances which should have prodded a person to
Navarra's alibi was also not enough to acquit her. She was not exercise a higher degree of circumspection. We find such
precluded from signing the documents relating to the subject projects circumstancepresentinthiscase.
while
she was on leave.
She
also
did
not
establish any proof that her Mirallesv.COA2017EnBanc
The WTCD Report already showed that the LPOHs did not fully
signatures were forged. Worse, both Ecleo, Jr. and Navarra were The COA's
refusal
to
apply
the
Arias
doctrine
was
arbitrary
because conform to the NAPOLCOM standard specifications, and
respondent
parties to an agreement that approved disbursement of funds for a therefusalstoodonhighlyspeculativegrounds. and the
Committee members need
not be
an
expert
on helicopters to
bogus municipal guest house and they could not come up with a
The COA's submission that the petitioner was negligent in understand the information written in the Report. Yet, respondent
plausiblejustificationforsuchagaffe.
discharging his duty as the final reviewer of the loan documents still
issued Resolution No. IAC-09-045 concealing the truth by stating
Santillano, on the other hand,
was indisputably on the
receiving end because he did
not notice the deficiencies and inconsistencies noted that the 2 LPOHs conformed to all the specifications and accepted
of the overpayments and even issued receipts for them. He was in
the
loan folders of
the borrowers was
similarly unwarranted. The them.
unable to justify the excessive payments by showing a written supposed deficiencies and inconsistencies included home addresses
agreement with the municipality pursuant to the Implementing Rules indicated by the borrowers, non-submission of ITRs by some Castillo-Cov.Sandiganbayan2018
and Regulations of
PD 1594. All these undeniable circumstances lead borrowers, and the amounts of declared business capitalizations.
to the logical conclusion that all three accused acted in
a concerted However, the borrowers' ITRs and information on their "initial When a local legislative board gives the local chief executive
effort to, as the Sandiganbayan put it,
deprive
the government of
its capitalization(s)" were not required under the guidelines of the FARE authority to perform a certain act or enter into a specific
much-neededfunds. program. Also, the discrepancy in the declarations of home addresses transaction, the latter ought to strictly abide by the express
by two borrowers did not denote the absence of viable businesses terms of such authority. Any deviation therefrom, to the
Bacasmasv.Sandiganbayan2013 requiredundertheFAREProgram. detriment of the local
government unit,
constitutes an
offense
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punishable under the
Anti-Graft
and
Corrupt
Practices
Act,
for subordinate must be public officers working for the same I.Immunityofpublicofficers
whichthechiefexecutivemustbeheldaccountable. governmentofficeoragency. Doctrine of Official Immunity. Mistakes concededly committed
Under the Arias doctrine, all heads of offices have to rely to a In his cross-examination, Atty. Marcos admitted
that
he
was
merely by
public officers are not
actionable absent any
clear
showing that
reasonable extent on their subordinates and on the good faith of those consultedbyGov.Coinhiscapacitya saprivatelawyer. they were motivated by malice or gross negligence amounting to
who prepare bids, purchase supplies, or enter into negotiations. bad faith. After all, "even under the law of public officers, the acts of
However,inR iveravs.People,theCourtheld: LiabilityforActsCommittedOutsideofDuty thepetitionersareprotectedbythepresumptionofgoodfaith.”
To
clarify,
the
Arias doctrine is
not
an
absolute rule. It is not a magic As a rule, a public officer, whether judicial, quasi-judicial or
Remolonav.CSC
cloak that can be used as a cover by a public officer to conceal executive, is
not personally liable
to
one injured in consequence of
himself in the shadows of his subordinates and necessarily escape Whether a civil service employee can be dismissed from the an act performed within the scope of his official
authority,
and
in
liability. Thus, this ruling cannot be applied to exculpate the government service for an offense which is not work-related or which lineofhisofficialduty.
petitioners in view of the peculiar circumstances in this case isnotconnectedwiththeperformanceofhisofficialduty.
which should have prompted them, as heads of offices, to It cannot be denied that dishonesty is considered a grave offense Farolanv.SolmacMarketing
exercise a higher degree of circumspection and, necessarily, go punishable by dismissal for the
first
offense under
Section 23,
Rule Even granting that the petitioners committed a mistake in
beyondwhattheirsubordinateshadprepared. XIV of
the
Rules
Implementing Book V of EO No. 292. And the rule withholding the release of
the
subject importation because indeed it
In this case, the Court finds that Resolution No. 120 should have is that dishonesty, in order to warrant dismissal, need was composed of OPP film scraps, contrary to the evidence
prompted Gov. Co to be more circumspect in transacting with not be committed in the course of the performance of submitted by the National Institute of Science and Technology that
Nakajima Trading. To
reiterate, the
resolution clearly directed her
to duty by
the
person
charged. The rationale for the rule is that if the same was pure oriented OPP, nonetheless, it is the duty of the
procure brand new heavy equipment. Notwithstanding the tenor of a government officer or employee is dishonest or is guilty of Court to see to it that public officers are not hampered in the
the resolution, however, she contracted with Nakajima Trading for oppression or
grave
misconduct, even
if
said defects of character are performance of their duties or in making decisions for fear of
reconditioned equipment and
effected the
consequent expenditure of not connected with his office, they affect his right to continue in personal liability for damages due to honest mistake. Whatever
public funds thereon. All this, to the prejudice of the Province of office. damage they may have caused as
a result of such an erroneous
Quirino. interpretation, if any at all, is in the nature of a damnum
The Government cannot tolerate in its service a dishonest official,
Gov. Co cannot now plead her innocence by simply shifting the blame absque injuria. Mistakes concededly committed by
public officers
even if
he performs his duties correctly and well, because by reason are
not
actionable absent any clear showing that they were motivated
to Engr. Ringor. Between the Sangguniang Panlalawigan, which of
his government position, he is
given more and ample opportunity by
malice or
gross negligence amounting to bad faith. After all, "even
authorized her to purchase brand new equipment, on
one hand and to commit acts of dishonesty against his fellow men, even against under the law of public officers, the acts of the petitioners are
the Office of the Provincial Engineer, which recommended offices and entities of
the
government other than the office where he protectedbythepresumptionofgoodfaith.”
reconditioned equipment due
to
insufficiency of funds, on
the
other, is employed; and by reason of his office, he enjoys and possesses a
she owed obedience to the former, the same being the legislative certain influence and power which renders the victims of
his
grave
branch of the local government unit of which she was the chief Lansangv.CA
misconduct, oppression and dishonesty less disposed and prepared
executive. to
resist and to
counteract his evil acts and actuations. The private The doctrine of state immunity from suit applies to complaints
The subordinates contemplated by the Arias doctrine are those life of an employee cannot be segregated from his public life. filed against
public officials for
acts done in the performance of their
public officers
and employees who are
actually
under the
control Dishonesty inevitably reflects on the fitness of the officer or duties. The rule is that
the
suit
must be
regarded as
one
against the
or supervision of the head of office concerned, or those who employee to continue in office and the discipline and morale of the state where satisfaction of the judgment against the public official
answer directly or indirectly to their superiors, who are in the service. concerned will
require the
state itself
to
perform a positive act, such
employ of the same government agency. In other
words, for the as appropriation of the amount necessary to pay the damages
Arias doctrine to find application, both the superior and the awardedtotheplaintiff.
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The rule does not apply where the
public official is
charged in
his Accordingly, the concept is clear and allows no qualifications or Dejure Defacto
official capacity for
acts
that
are
unlawful and injurious to the rights restrictions that the President cannot be sued while holding
Onewhohaslawfultitletothe Onewhoactuallypossessesthe
of others. Public officials are
not
exempt,
in their
personal capacity, suchoffice.
officebuthasnotbeenableto officealthoughhehasan
fromliabilityarisingfromactscommittedinbadfaith. Sen. De Lima maintains that presidential immunity does not lie takepossessionofitorhasbeen imperfectoronlycolorabletitle
Neither does it apply where the
public official
is
clearly being
sued because President Duterte's attacks against her are not part of his oustedtherefrom thereto.
not in his official capacity but in his personal capacity, although official duties and functions; that before presidential immunity
Hastitle Onlyhascoloroftitle
the
acts complained of
may
have been committed while he occupied applies, there must first be a balancing of interest; and that the
apublicposition. balancing favors her because her right to be protected from Adefactomaygrowintoade Ausurpermaygrowintoade
Petitioner is
being
sued not
in
his
capacity as
NPDC chairman but in harassment far outweighs the dangers of intrusion on the Office of jure. factoiftheassumptionis
his personal capacity. The complaint merely identified petitioner as ChiefExecutive. acquiescedin
chairman of
the
NPDC, but
did not categorically state that he is being Sen. De Lima wants us to apply principles established by the US
Validlyappointed Notvalidlyappointed
sued in that capacity. Also, petitioner was
sued allegedly for
having Supreme Court in the celebrated cases of
Nixon
and
Clinton, supra.
personalmotivesinorderingtheejectmentofGABIfromRizalPark. Suchdecisions,thoughpersuasive,arenotbindingascaselawforus.
EntitlementtosalaryinS
ampayanv.Daza
The parties do not dispute that it was petitioner who ordered the
ejectment of GABI from their
office and
kiosk at
Rizal
Park
and
that J.Distinguish:defactoanddejureofficers As a de
facto public officer, respondent cannot be made to reimburse
(1) De jure — One
who
has
lawful
title
to
the
office
but
has
not
been funds disbursed during his term of office because his acts are as valid
he
had the
authority to
terminate the agreement with GABI and order
as those of a de jure officer. Moreover, as a de facto officer, he
is
the organization’s ejectment. The question now is whether or not abletotakepossessionofitorhasbeenoustedtherefrom.
entitledtoemolumentsforactualservicesrendered.
petitioner abused his authority in ordering the ejectment of private (2) De facto — One who derives his appointment from one having
respondents. We find, however, no evidence of such abuse of colorable authority to
appoint, if
the
office
is
an
appointive
office, K.Terminationofofficialrelation
authorityonrecord. andwhoseappointmentisvalidonitsface.
A. End
of
term. — It is to be understood of course that officials
One who is
in
possession of
an
office, and is discharging its duties and employees holding primarily confidential positions
DeLimav.Duterte2019ResolutionEnBanc
under color
of
authority,
by which is
meant authority derived from continue only for so long as
confidence
in
them endures. The
At
the
core of
the
controversy is
the inquiry on the application, an appointment, however irregular or informal, so that the termination of their official relation can be justified on the
scope and extent of the principle of presidential immunity incumbentbenotamerevolunteer. ground of loss of confidence because in that case their
fromsuit. One who is in possession of an office in the open exercise of
its cessation from office involves no removal but merely the
functions under color of an election or an appointment, even though expiration of the term of office—two different causes for the
May the incumbent Chief Executive be haled to court even for the suchelectionorappointmentmaybeirregular. termination of official relations recognized in the Law of Public
limitedpurposeundertheRulesontheWritofHabeasData? Officers.
Allofthefollowinge
lementsmustconcur:
NO. The concept of presidential immunity under our
governmental B. Retirement. The compulsory retirement of government
a. theremustbeadejureoffice;
and constitutional system does not distinguish whether or not the officials and employees upon their reaching the age of 65 years
b. there
must
be color
of right or general acquiescence by the
suit pertains to an official act of the President. Neither does is founded on public policy which aims by it to maintain
public;and efficiency in
the government service and at the same time give
immunity hinge on the nature of the suit. The lack of distinctions
prevents us
from
making any
distinctions. We should still be guided c. there must be actual physical possession of the office
in to the retiring public servants the
opportunity to
enjoy
during
byourprecedents. goodfaith. the remainder of their lives the recompense, inadequate
perhaps for
their long
service
and devotion to the government,
Distinctionbetweendejureanddefactoofficers in
the
form of
a comparatively easier life, freed from the rigors
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of civil service discipline and the exacting demands that the c. Where incumbents are replaced by those less qualified H. Recall
nature of their
work
and
their
relations with their superiors as in terms of status of appointment, performance and
wellas thepublicwouldimposeuponthem. I. Prescription. In view of the policy of the State contained in
merit;
the
law fixing the period of
one
year within which actions for
C. Abolition of Office. It is a well-known rule also that valid d. Where there is a reclassification of offices in the quo warranto may be
instituted, any person claiming right to a
abolition of offices is neither removal nor separation of the department or agency concerned and
the
reclassified position in
the civil service should
also be
required to
file his
incumbents. And, of course, if the abolition is void, the offices
perform substantially the
same function as the petition for reinstatement within the period of one year,
incumbentisdeemednevertohaveceasedtoholdoffice. originaloffices; otherwise he is thereby considered as having abandoned his
As well-settled as the rule that the abolition of
an
office
does e. Where the removal violates the order of separation office.
not amount to an illegal removal of its incumbent is the provided in Section 3 hereof. (Cotiangco v. Prov of J. Failure
to
Assume
Office. The office of any official elected
principle that,
in
order to
be valid, the
abolition must be made Biliran2011EnBanc) who fails or refuses to take his oath of office within six
in good faith. Where the abolition is made in bad faith, for
E. Abandonment. When a judge of first instance, presiding months from his proclamation shall be considered vacant,
political or personal reasons, or in order to circumvent the
over a branch of
a CFI
of
a judicial
district by virtue of a legal unless said failure
is
for
a cause or
causes beyond his control.
constitutional security of tenure of
civil
service employees, it
and valid
appointment, accepts another appointment to preside PunishableunderArt234oftheRPC.
isnullandvoid.
over the same branch of the same CFI, in addition to another
To consider an office abolished there must have been an L.CivilService
court of the same category, both of which belong to a new
intention to do away with it wholly and permanently, as judicial district formed by the addition of another Court of First Scope
theword"abolish"denote. Instance to the old one, enters into the discharge of the Sec 2 Art IX-B. The civil service embraces all branches,
D. Reorganization. As a general rule, a reorganization is functions of his new office and receives the corresponding subdivisions, instrumentalities, and agencies of the Government,
carried out
in
"good faith" if
it
is
for
the purpose of economy salary, he a bandons his old office and cannot claim to be includingGOCCsw ithoriginalcharters.
or to make bureaucracy more efficient. If the "abolition," entitledtorepossessit.
which is nothing else but a separation or removal, is done for Khanv.Ombudsman
F. Incompatible Office. Exists where there is a conflict in the
political reasons or purposely to defeat security of tenure, or
duties of the offices, so that the performance of the duties of the The Office of the Ombudsman exercises jurisdiction over public
otherwise not in good faith, no valid "abolition" takes place and
one interferes with the performance of
the
duties of
the other, officials and employees of
GOCCs
with
original charters. This being
whatever "abolition" is done, is ab initio. There is an invalid
or whenever one is subordinate to the other in some of its so, it can only investigate and prosecute acts or omissions of the
"abolition" as
where there is merely a change of
nomenclature
important and principal duties, and subject in
some degree to officialsandemployeesofgovernmentcorporations.
of positions, or
where claims of
economy are
belied by
the
its revisory power. One person cannot and should not hold Therefore, although the
government later
on
acquired the controlling
existenceofamplefunds.
bothoffices,iftheyareincompatible,atthesametime. interest in PAL, the fact remains that the latter did not have an
Section 2 of R.A. 6656
cites
instances that
may
be
considered
G. Resignation,
Removal. Removal or resignation from office "original charter" and its officers and employees could not be
as evidence of bad faith in the removal from office of a
is not a bar to a finding of administrative liability. (OP v. investigatedorprosecutedbytheOmbudsman.
government officer or employee pursuant to a
Cataquiz2011)
reorganization: Appointmentstothecivilservice
Resignation does not preclude the finding of administrative
a. Where there
is
a significant
increase
in
the number of Appointmentsinthecivilserviceshallbemadeonly
liability if the case was filed prior to
resignation. However,
if
positions in the new staffing pattern of the
the
official has resigned without an administrative case having a) according
to
merit
and
fitness to be determined, as far as
departmentoragencyconcerned;
been filed, no
administrative case may be
filed thereafter.
The practicable,and
b. Where an office is abolished and other performing only recourse is to file
civil or
criminal cases. (Ombudsman v. b) by competitive examination, except
to
positions
which
substantiallythesamefunctionsiscreated; Andutan,Jr2022)
are
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1) policy-determining, appointment extended by the appointing officer, its authority being qualification required by law. If he does, then the appointment
2) primarilyconfidential,or limited
to
approving or
reviewing the
appointment in
the
light
of
the cannot be
faulted
on
the
ground that there
are
others better qualified
requirements of the Civil Service Law. When the appointee is who should have been preferred. This is a political question
3) highlytechnical. qualified and all the other legal requirements are satisfied, the involving considerations of wisdom which only the appointing
Commission has no choice but to attest to the appointment in authoritycandecide.
CareervsNon-careerService
accordancewiththeCivilServiceLaws.
The Court emphasizes that the Commission has no authority to
1. Entrance
in career
the service
is based on merit and fitness
Indeed, the approval is more appropriately called an attestation, substitute its judgment for that of the Philippine Ports
to be determined as far as practicable by competitive
that is, of the fact that the appointee is qualified for the
position
to Authority when
it
comes
to evaluating the performance, personality,
examination,orbasedonhighlytechnicalqualifications.
whichhehasbeennamed. and accomplishments of candidates who all have the necessary
2. On the other hand, entrance in the non-career service is eligibilityandlegalqualifications.
Appointment is
an
essentially discretionary power and must be
based on criteria other than the "usual tests of merit and
performed by the officer in which it is vested according to
his
fitness. Santiagov.CSC
best lights, the only condition being that the appointee should
Positionsinthec areerservicearefurthergroupedintothree(3)levels. possess the
qualifications required by law. If
he
does,
then the Whetherthenext-in-rankruleismandatory.
appointment cannot be faulted on the ground that there are
1. The first level includes positions requiring less
than
four
(4) others better qualified who should have been preferred. This is NO. There is
"no
mandatory nor peremptory requirement in the (Civil
yearsofcollegiatestudies. a political question involving considerations of wisdom which Service Law) that persons next-in-rank are entitled to preference in
2. The second level includes positions with duties requiring at onlytheappointingauthoritycandecide. appointment. What it
does
provide
is
that
they
would be
among the
least four (4) years of college work up to the Division Chief first to be considered for the vacancy, if qualified, and if the vacancy is
level. Lopezv.CSC not filled by promotion, the
same
shall be
filled
by
transfer or
other
modesofappointment."
3. The third level
includes
positions
in Career
the Executive In the appointment, placement and promotion of civil service
The rule neither grants a vested right to the holder nor imposes a
Service. employees according to
merit and
fitness, it
is the appointing power,
ministerial duty on the
appointing authority to
promote such person
especially where it is assisted by a screening committee composed of
Luegov.CSC tothenexthigherposition.
persons who are in the best
position to
screen the
qualifications of
Is
the Civil Service Commission authorized to disapprove a permanent the nominees, who should decide on
the
integrity, performance and The power to
appoint is a matter of discretion. The appointing power
appointment on the ground that another person is better qualified capabilitiesofthefutureappointees. has a wide latitude of choice as to who is best qualified for the
than the appointee and, on the basis of this finding, order his The Commission’s power does not extend to considerations other position. To apply the next-in-rank rule peremptorily would impose a
replacementbythelatter? rigid formula on the appointing power contrary to the policy of
the
than those enumerated in the law such as the belief that there are
law that among those qualified and eligible, the
appointing authority
others more qualified. The law limits the Commission’s authority
NO. The appointing authority indicated that it
was
permanent, as he is
granted discretion and prerogative of choice of the one he deems fit
only to whether or not the appointees possess the legal
had the right to do
so,
and
it
was
not
for
the
CSC
to
reverse
him and forappointment.
qualifications and the appropriate civil service eligibility,
callittemporary.
nothingelse.
What was temporary was the approval of the appointment, not the Abadv.DelaCruz2015Leonen,J
The power of appointment exercised after a judicious
appointment itself. And what made the
approval temporary was the
recommendation made by a Placement Committee of the agency Appointments in the civil service are made fundamentally on
fact
that
it
was
made
to depend on the condition specified therein and
on the verification of the qualifications of the appointee to the concerned is an essentially discretionary power and must be the basis of merit. Both the Constitution and law ensure that
position. performed by the officer in which it
is
vested
according
to
his
best those appointed are fit for the position. While those who are
lights,
the
only condition being that the appointee should possess the next in rank to a vacant position may be given some preference,
The CSC is not empowered to determine the kind of nature of the
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no one has a vested right to a government position. Seniority qualified next-in-rank; otherwise, the protest shall be 6. Thevacantpositionbelongstotheclosedcareersystem.
and salary
grades should be given their
due weight but should dismissed.
CSC found that respondent's appointment fell under the fifth
nottrumpthepublicinterest. Petitioner failed to discharge his burden of proving that he was a
exception. Contrary to petitioner's claim, the Personnel Selection
qualified next-in-rank. He failed to prove that his position of Local
The appointing authority in LGUs is the local chief executive who Board conducted a deep selection process, ranking the
Assessment Operations Officer
V has
been previously determined to
must assess the merits of the Personnel Selection Board's candidates for
the position
of
City
Government Department Head III.
be
next-in-rank to
the
position
of
City Government Department Head
recommendation. If heads of offices or departments in an LGU are Out of nine (9) candidates, respondent ranked first with a grade of
IIIintheOfficeoftheCityAssessor.
appointed, majority of the members of the sanggunian concerned 90.67 out of
100. Respondent's case, therefore, is a "very meritorious
Petitioner, therefore, has no right to protest the appointment of case."
must concur in the appointment. Finally, the appointment must be
submitted to the CSC for attestation within 30 days from the respondent.
appointment'sissuancedate. Estrelladov.David2016EnBanc
Petitioner further contends that respondent was appointed in
For LGUs, the appointment of an assessor is mandatory. CSC-NCR The next-in-rank status of a government employee is not a
violation of t hree-salary-grade
the rule found in Item 15 of CSC
and CSC agree that respondent possesses the minimum qualifications guarantee to one's fitness to the position aspired for, and the
MC No. 3, Series of 2001. It states that an employee may be
under the law
for
the position
of
City
Government Department Head applicant must go through the rigors of a screening and selection
promoted or transferred to a position which is not more than
III. Moreover, the appointment of Dela Cruz was confirmed by the process as determined and conducted by a department or agency,
three (3) salary, pay or
job grades higher than the employee's
SangguniangPanlungsodngMuntinlupa. subject only to the
standards
and guidelines set
by
the
Civil
Service
presentposition.
Petitioner
contends, however,
that
he
is
a qualified
next-in-rank who Commission (CSC). This is in keeping with the ideal of promoting
a meritorious
Any or all of the following would constitute case through merit rather than entitlement, and thus ensuring that
was bypassed for appointment to the position of City Government
exemptedf romthe3-salarygradelimitationonpromotion: governmentserviceisrewardedwiththebestfit.
Department Head III. Thus, respondent's appointment is void
notwithstandinghispossessionofthequalificationsfortheposition. 1. The position occupied by the
person is
next-in-
rank
to
the
vacant position, as identified in the Merit Promotion Plan DiscretionofAppointingAuthority
In promotions, the appointing authority must automatically
andtheSystemofRankingPositions(SRP)oftheagency;
consider the employees next in rank as candidates for Lapinidv.CSC
appointment. Employees next in
rank are
those
who occupy the next 2. The position is
a lone,
or
entrance
position,
as
indicated
in
Whether or not the CSC can override the permanent appointment
lower positions in the occupational group under which the vacant theagency'sstaffingpattern;
madebythePPAonthegroundthatsomeoneelseisbetterqualified.
position is classified, and in
other functionally related
occupational 3. The
position
belongs
to the dearth category, such as Medical
groups and who are competent, qualified and with the appropriate Officer/SpecialistpositionsandAttorneypositions; NO. The Civil Service Commission has no power of appointment
civilserviceeligibility. except over its own
personnel. Neither does it
have
the
authority to
4. The position is unique and/or highly specialized such as
review the appointments made by other offices except only to
The next-in-rank rule is a rule of preference on who to ActuarialpositionsandAirwaysCommunicator;
ascertain if
the appointee possesses the
required qualifications. The
consider for
promotion. The rule
does not
give employees next in 5. The candidates passed through a deep selection process, determination of who among aspirants with the minimum statutory
rank a vested right to
the position next
higher to
theirs
should that taking into consideration the candidates' superior qualifications should be
preferred belongs to the appointing authority
position become vacant. Appointment is a discretionary power of qualificationsinregardto: and not the Civil Service Commission. It cannot disallow an
the appointing authority. So long as the appointee possesses the
a. Educationalachievements appointment because it believes another person is better qualified and
qualificationsrequiredbylaw,theappointmentisvalid.
muchlesscanitdirecttheappointmentofitsownchoice.
To successfully protest the issuance of an appointment, the b. Highlyspecializedtrainings
employee next in rank must prove his or her status as a c. Relevantworkexperience Personnelactions
d. Consistenthighperformancerating/ranking;and 1. While an appointment is the selection by the proper
authority of an individual who is to exercise the powers and
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functions of a given designation
office, merely connotes an she previously exercised her functions as Officer-in-Charge-Schools Petitioner's reassignment did not violate her right to security of
imposition of
additional duties,
usually
by law,
upon
a person Division Superintendent, to Camarines Sur. Clearly, therefore, the
already in the public service by virtue of an earlier tenure. While she is entitled to her right to security of tenure, she
requirement in Section 99 of the LGC of 1991 of
prior
consultation cannot assert her right to
stay at
Surigao National. Her appointment
appointment. with the local school board, does not apply. It only refers to papers are not specific to the school, which means she may be
2. Designation is simply the mere imposition of new or appointments made
by
DECS. Such is the plain meaning of the said assigned to any station as may be necessary for public exigency.
additional duties on the officer or employee to be performed by law. Because she holds no vested right to remain as Principal III of
him in a special manner. It does not entail payment of Petitioner asserts a vested right to the
position
of
Schools
Division SurigaoNational,hersecurityoftenurewasnotviolated.
additional benefits or
grant
upon the
person so
designated
the Superintendent of Camarines Sur, citing her endorsement by the When an employee's appointment is station-specific, his or her
righttoclaimthesalaryattachedtotheposition. Provincial School Board. Her qualification to the office, however, reassignment may not exceed a maximum period of one (1) year.
3. An appointment may be defined as the selection, by the lacks one essential ingredient, i.e., her appointment thereto. While This is not the case for appointments that are not station-specific. In
authority vested with the power, of an individual who is to she was recommended by Secretary Gloria to President Ramos for such instances, the reassignment may be indefinite and exceed
one
exercise the functions of a given office. When completed, appointment to the position of Schools Division Superintendent of (1)year—asinpetitioner'scase.
usually with its confirmation, the appointment results in Camarines Sur, the recommendation was not acted upon by the
security of tenure for the person chosen unless he is President. M.AccountabilityofPublicOfficers
replaceableatpleasurebecauseofthenatureofhisoffice.
Typesofaccountability
Yangsonv.DepEd2
019Leonen,J
4. On
the
other a reassignment is merely a movement of
hand,
Three-FoldLiabilityRule
an employee from one organizational unit to another in the Reassignments differ from transfers, and public employees
same department or agency which does not involve a reduction with appointments that are not station-specific may be SanLuisv.CA
in
rank,
status or salary and does not require the issuance of an reassignedtoanotherstationintheexigencyofpublicservice. It
is
well-settled that
when a public officer goes
beyond the scope of
appointment. In the same vein,
a designation connotes merely his duty, particularly when acting tortiously, he is not entitled to
theimpositionofadditionaldutiesonanincumbentofficial. An appointment is station-specific if the employee's appointment protection on account of
his
office, but
is
liable
for
his
acts
like
any
paper specifically indicates on its
face the particular office or station privateindividual.
5. legal concept of transfer differs from reassignment. Most
The
the position is located. Moreover, the station should already be
notably, a transfer involves the issuance of another
specified in the position title, even if
the
place
of
assignment is
not
appointment, while a reassignment does not.
A transfer
is
a Domingov.Rayala
indicated on the face of the appointment. Here, respondent alleges
movement from one
position to
another which is of equivalent
that petitioner was appointed as "Principal III of the Division of Basic in the law of public officers is the three-fold liability rule,
rank, level, or salary without break in service involving the
SurigaodelNorte." which states that the wrongful acts
or
omissions of
a public officer
issuanceofanappointment.
Evidently, petitioner's appointment is not solely for Surigao National may give
rise to civil, criminal and administrative liability. An action
6. Promotion is the advancement of an employee from one for each can proceed independently of the others. This rule
applies
or for any specific school. There is no particular office or station
position to another with an increase in duties and withfullforcetosexualharassment.
specifically indicated on the face of
her appointment paper.
Neither
responsibilities as authorized by law, and usually accompanied doesherpositiontitlespecificallyindicateherstation.
byanincreaseinsalary. Ombudsmanv.Regalado2018Leonen,J
Moreover, Section 6 of the Magna Carta for Public School Teachers
Oseav.Malaya does not apply here. It applies to transfers, not reassignments. Section 11(b) of RA No. 6713 explicitly states
that
dismissal from
Petitioner's movement from Surigao National to Toledo Memorial the service may be warranted through an administrative
The
designation of
respondent as Schools Division Superintendent of
wasa reassignment,notatransfer. proceeding, even if the erring officer is not subjected to criminal
Camarines Sur was not a case of appointment. Her designation
prosecution. This is in keeping with the three (3)-fold liability rule in
partook of the nature
of a r
eassignment from Iriga City, where the law on public officers, "which states that the wrongful acts or
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exercise of
its
primary
jurisdiction over cases
cognizable by 10. A decision of the Office of the Ombudsman in
omissions of a public officer may give rise to civil, criminal and
the Sandiganbayan, may take over, at any stage, from any administrative cases shall be executed as a matter of
administrative liability. An action for each can proceed independently
investigating agency of the government, the investigation of course. The Office of the Ombudsman shall ensure that the
oftheothers."
suchcases. decisionshallbestrictlyenforcedandproperlyimplemented.
TheOmbudsmanandtheOfficeoftheSpecialProsecutor 6. Power to Investigate Cases of Ill-gotten Wealth After 11. The remedy of aggrieved parties from resolutions of the
1. The power of
the Ombudsman to investigate and prosecute any February 25, 1986. In accordance with sec. 1 of Executive Ombudsman finding probable cause in criminal cases, when
illegal
act
or
omission of
any public official is not an exclusive Order No. 14,
dated
May 7, 1986, the PCGG, with the assistance tainted with grave abuse of discretion, is a Rule
65
Petition
authority but a shared
or
concurrent authority in respect of the of the Solicitor General, is the agency of the government forCertiorariw iththeSupremeCourt,notwiththeCA.
offensecharged. empowered to bring these proceedings for forfeiture of
12. Appeals in administrative disciplinary cases from the
property allegedly acquired unlawfully before February 25,
2. It
has
the
power to
impose the penalty of removal, suspension, Ombudsman should be filed with the
Court
of
Appeals
via
a
1986, the date of the EDSA Revolution. The power to
demotion, fine, censure, or prosecution of a public officer or investigate cases of ill-gotten or unexplained wealth verifiedPetitionforReviewunderR ule43.
employee found to be at fault, in the exercise of its acquiredafterthatdateisnowvestedintheO mbudsman.
administrativedisciplinaryauthority. Real-party-interestinAdministrativeAppeals
7. Ombudsman for the Military. Has jurisdiction over cases
3. Power to Investigate Administrative Charges. Unlike the Ombudsmanv.Gutierrez2017
involvingPoliceofficers.
"classical Ombudsman model" whose function is merely to The Court ratiocinated in Samaniego that aside from the
8. Preventive Suspension. Preventive suspension under Section
"receive and process the people's complaints against corrupt Ombudsman being the disciplining authority whose decision is being
and abusive government personnel," the Philippine 13,
Rep.
Act
3019 as
amended shall
be
limited to a maximum
assailed, its mandate under the Constitution also bestows it wide
Ombudsman — as protector of the people, is
armed with the period of ninety (90) days, from issuances thereof, and this
disciplinary authority that includes prosecutorial powers. Hence, it
power to prosecute erring public officers and employees, applies
to
all
public officers, (as defined in Section 2(b) of Rep.
has the legal interest to appeal a decision reversing its ruling,
giving him an active role in the enforcement of laws on Act3019)whoarevalidlychargedundersaidAct.
satisfyingboththerequirementsofD acoycoya ndMathay.
anti-graft and corrupt practices and such other offenses that Preventive suspension pursuant to
§24 of
the Ombudsman Act
Samaniego remains to
be
the prevailing doctrine. The
Ombudsman
may be committed by such officers and employees. The expressly provides that "the preventive suspension shall
has
legal
interest
in
appeals from its
rulings in administrative cases.
legislature has vested him with broad powers to enable continue until the
case
is
terminated by the Office
of
the
Petitioner could not then be faulted for filing its Omnibus Motion
himtoimplementhisownactions. Ombudsman but not more than six months, without pay."
beforetheappellatecourt
4. Concurrent with the Office of the President. The authority to Their preventive
suspension for
six
(6)
months without pay is
conduct administrative investigation and to impose preventive thusaccordingtolaw.
Ombudsmanv.Bongais2018
suspension over
elective provincial or city officials was at that 9. Preventive suspension is merely a preventive measure, a
time entrusted to the Minister of Local Government until it preliminary step in an administrative investigation. The The Court agrees that the Ombudsman has legal standing to intervene
became concurrent with the Ombudsman upon the
enactment purpose of
the suspension order is to prevent the accused on appeal in
administrative cases
resolved by
it.
In
the 2008 case of
ofR.A.No.6770. from using his position and the
powers and
prerogatives Ombudsman v.
Samaniego, the Court categorically ruled that, even
Congress had intended the Ombudsman and the President to of his office to influence potential witnesses or tamper if not impleaded as a party in the proceedings, the Office of the
with records which may be vital
in the prosecution of the Ombudsman has legal interest to intervene and defend its
ruling
in
exercise concurrent disciplinary jurisdiction over petitioners
case against him. If after such investigation, the charge is administrative cases before the CA, its interest proceeding, as it is,
asDeputyOmbudsmanandSpecialProsecutor,respectively.
established and the
person investigated is
found guilty
of
acts from its
duty to
act
as
a champion of
the
people and to
preserve the
5. Concurrent with the
DoJ. The authority of the Ombudsman to integrityofthepublicservice.
warranting his suspension or removal, then he is suspended,
investigate offenses involving public officers or employees is removedordismissed.Thisisthepenalty. In the face of the clarification
made
in
Gutierrez, it
should
now
be
not
exclusive but is
concurrent with other similarly authorized
agencies of the government. However,
the Ombudsman, in
the considered as settled doctrine that the Ombudsman has legal
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standing to intervene in appeals from its rulings in administrative TheSandiganbayan costofaviolationofanexpressprovisionoftheConstitution.
cases, provided, that
the
Ombudsman moves for
intervention before Sec 4. Art XI. The present anti-graft court known as t he The above considerations leave only Congress' chosen interim
rendition of
judgment, pursuant to Rule 19 of the Rules Court, lest its Sandiganbayan shall continue to function and exercise i ts measure — RA No. 10153 and the appointment by the President of
motionbedeniedastheCourtdidinS ison,Magno,andLiggayu. jurisdictionasnoworhereaftermaybeprovidedbylaw. OICs to govern the ARMM during the pre-synchronization period
The rule requiring intervention before rendition of judgment, pursuant to
Sections 3,
4 and 5 of this law — as the only measure that
however, is
not
inflexible. As jurisprudence has shown, interventions
N.Termlimits Congress can make. This choice itself, however, should
be examined
havebeenallowedevenbeyondtheperiodprescribedintheRule DoctrineofHoldoverCapacityinA
basKidav.Senate2011EnBanc foranyattendantconstitutionalinfirmity.
a) whendemandedbythehigherinterestofjustice; Whether or
not
those elected for the 2008-2011 can continue to serve Section 16 Art VII classifies into four groups the officers that the
officeinaholdovercapacityuntiltherescheduled2013elections. Presidentcanappoint.Theseare:
b) to afford indispensable parties, who have not been
impleaded,therighttobeheard; 1. First, the heads of the executive
departments; ambassadors;
NO. Since elective ARMM officials are local officials, they are covered
other public ministers and consuls; officers of the Armed
c) toavoidgraveinjusticeandinjuryand and bound by the three-year term limit prescribed by the Constitution;
Forces of the Philippines, from the rank
of
colonel
or
naval
d) to
settle
once and
for all the substantive issues raised by the theycannotextendtheirtermthroughaholdover.
captain; and other
officers whose appointments are vested in
parties;or, Section 8. Art X. The term of office of elective local thePresidentinthisConstitution;
e) becauseofthegravelegalissuesraised. officials, except barangay officials, which shall be
2. Second, all other officers of the government whose
determined by law, shall be three years and no such
Stated otherwise, the rule may
be
relaxed
and intervention may appointmentsarenototherwiseprovidedforbylaw;
officialshallserveformorethanthreeconsecutiveterms.
be
allowed subject to
the
court's
discretion
after consideration of 3. Third, those whom the President
may
be
authorized
by
theappropriatecircumstances. It has been broadly stated that the legislature cannot, by an act
lawtoappoint;a nd
postponing the election to fill an office the term of which is
The status of the Ombudsman as a party adversely affected by – and 4. Fourth, officers lower in rank whose appointments the
limited by the Constitution, extend the term of
the
incumbent
therefore with the legal standing to assail – the CA Decision did
not CongressmaybylawvestinthePresidentalone
beyondtheperiodaslimitedbytheConstitution.
automatically warrant the grant of
its
motion to
intervene. Since the
Even assuming that holdover is constitutionally permissible, and
Court does not find any
of the
excepting circumstances laid down in
jurisprudence, including those laid down in Santos, Beltran, there had been statutory basis
for
it
(namely Section
7,
Article VII
of XI.ADMINISTRATIVELAW
Macabulos, and Quimbo, obtaining in this case, the general rule RA No. 9054) in the past, we have to remember that the rule of
A.Generalprinciples
provided under Section 2 of Rule 19, as reinforced in Gutierrez, holdover can only apply as an available option where no express
or implied legislative intent to the contrary exists; it cannot B.Administrativeagencies
squarely applies. Hence, while the Ombudsman had legal interest to
intervene in the proceeding in
CA-G.R. SP
No. 139835, the
period for applywheresuchcontraryintentisevident. C.Powersofadministrativeagencies
the
filing
of its motion to intervene had already lapsed as it was filed Congress, in
passing RA
No.
10153, made it explicitly clear that it had
Rule-makingpower
aftertheCAhadpromulgateditsDecision. the
intention of suppressing the holdover rule that prevailed under RA
No.9054bycompletelyremovingthisprovision. Adjudicatorypower
All told, the CA did not
commit reversible error when
it
denied the
Ombudsman's Omnibus Motion to Intervene. While the Ombudsman In the same way that the term of elective ARMM officials
cannot
be Fact-finding,investigative,licensing,andrate-fixingpowers
had legal standing to intervene in Bongais's petition for review before extended through a holdover, the term cannot be shortened by D.JudicialReview
the
CA, the period for
the filing of its motion to intervene had already putting an expiration date earlier than the three (3)
years that
Doctrineofprimaryadministrationjurisdiction
lapsed as it was filed after the CA had promulgated its assailed the Constitution itself
commands. This is what will happen — a
Decision. term of
less than
two
years — if
a call for special elections shall Doctrineofexhaustionofadministrativeremedies
prevail. In sum, while synchronization is achieved, the result is at the Doctrineoffinalityofadministrativeaction
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(1) bytheC
onstitution,
In that event no dismissal or separation actually occurs because the
A.Generalprinciples (2) byl aw,or position itself ceases to exist. And in that case the security of tenure
wouldnotbeaChineseWall.
1. Administrative Law is that branch of modern law under (3) bya
uthorityoflaw.
which the executive department of the
government acting in a Be
that
as
it
may,
if
the
abolition
which
is nothing else but a separation
quasi-legislative or quasi-judicial capacity, interferes with the EugeniovCSC orremoval,isdonefor
conduct of the individual for the purpose of promoting the CESB was created by PD No. 1. It cannot be disputed, therefore, that as 1. politicalreasonsor
well-being of the community, as under laws regulating public the CESB w as created by law, it can only be abolished by the 2. purposelytodefeatsecurityoftenure,or
corporations, business affected with public interest, legislature. T his follows an unbroken stream of rulings that the
professions, trades and callings, rates
and prices, laws for
the 3. otherwisenotingoodfaith,
creation and abolition of public offices is primarily a
protection of
the
public health and safety and the promotion of no
valid
abolition takes
place
and
whatever abolition is done is void ab
legislativefunction.
thepublicconvenienceandadvantage. initio.
There
is
an
invalid abolition as where there is merely a change of
The essential autonomous character of
the CESB is not negated by its nomenclature of positions or where claims of economy are belied by
2. A rule in administrative law enunciated in
the case of
Sison v.
Pangramuyen provides that in
the absence of palpable error or
attachment
to
respondent Commission. By said
attachment, CESB theexistenceofamplefunds.
grave abuse of discretion, the Court would be loathe to was not made to fall
within the control of
respondent Commission.
Under the
Administrative C ode o f
1987, the purpose of
attaching one ⭐Larinv.ExecutiveSecretary
substitute its own judgment for that of the administrative
agency entrusted with
the enforcement and implementation of functionally inter-related government agency to
another is
to
attain Does the
President
have
the
power
to
reorganize
the
BIR
or
to issue
thelaw. "policy a
nd p
rogram c
oordination." thequestionedE.O.NO.132?
This principle however is subject to limitations. YES. There
should
be
a legal
basis
and
such
should
be in good faith.
⭐DelaLlanav.Alba
Administrative decisions may be
reviewed by
the
courts
upon Section 20,
Book III
of
E.O. No.
292 on Residual Powers of
the
a
showing that
the
decision
is
vitiated
by
fraud, imposition or The abolition of
an
office within the competence of a legitimate body the President is one such legal basis which speaks of such other
mistake. if
done in good faith suffers from no infirmity. It is a well-known rule powersvestedinthePresidentunderthelaw.
also that valid abolition of
offices is
neither removal nor
separation
B.Administrativeagencies of
the
incumbents. If
the
abolition is
void,
the
incumbent is
deemed
What law
then which gives him the power to reorganize? It is PD No.
1772 which amended PD No. 1416. These decrees expressly grant the
"Agency"includes never to have ceased to hold office. The
test remains whether President of the Philippines the continuing authority to reorganize
a) any department, bureau, office, commission, authority or the
abolition
is
in
good
faith. As that element is conspicuously the national government, which includes the power to group,
officer of the National Government authorized by law or present in the enactment of BP 129, then the lack of merit of this consolidate bureaus and agencies, to abolish offices, to transfer
executive order to make rules, issue licenses, grant rights or petitionbecomesevenmoreapparent. functions, to create and classify functions, services and activities and
privileges,andadjudicatecases; tostandardizesalariesandmaterials.
b) researchinstitutionswithrespecttolicensingfunctions; Reorganization Is the reorganization of BIR pursuant to E.O. No. 132 tainted
with
c) government corporations with respect to functions regulating As
a general
rule, a reorganization
is
carried out in ‘good faith’ if it is badfaith?
privateright,privileges,occupationorbusiness;and for YES. A reading
of
some of
the provisions
of
the
questioned E.O.
No.
d) officials in the exercise of disciplinary power as
provided
by 1. thepurposeofeconomyo
r 132 clearly leads us to an inescapable conclusion that there are
law. circumstances considered as evidence of bad faith in the
2. tomakebureaucracymoree
fficient.
reorganizationoftheBIR.
A
public
office
may created through any of the following modes, to
be
wit,either
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1. Section 1.1.2 of said executive order abolishes an office After comparing the functions of the ERB and the
ERC,
we
find
that which are not subject to the tests of ownership or
control
and
while another one performing substantially the same the ERC indeed assumed the functions of the ERB. However, the economic viability. Section 16, Article XII should not be construed
functioniscreated. overlap in
the functions of the ERB and of the ERC does not mean that soastoprohibitCongressfromcreatingpubliccorporations.
2. The creation
of
services and
divisions in the BIR resulted in there is
no valid abolition of the ERB. The ERC has new and expanded The
test
of economic viability does not apply to public corporations
a
significant
increase in
the
number of
positions in
the said functions which are intended to meet the specific needs of a dealing with governmental functions, to which category the BSP
bureau. deregulatedpowerindustry. belongs.
Because of the
expansion of
the
ERC's
functions and concerns, there The ownership and control test is likewise irrelevant for a
Bagaoisanv.NationalTobaccoAuthority was a valid abolition of the ERB.
Thus, there
is
no
merit
to
KERB's public corporation like the BSP. To reiterate,
the
relationship of
the
allegation that
there
is
an impairment of
the
security of tenure of the BSP, an attached agency, to the government, through the DECS, is
It is important to emphasize that the questioned Executive ERB'semployees. defined in
the Revised Administrative Code of 1987. The BSP meets
Orders No. 29 and No. 36 have not abolished the National
the minimum statutory requirement of an attached
Tobacco Administration but merely mandated its
Banda,et.al.v.Ermita2010EnBanc government agency as
the DECS Secretary sits at the BSP Board
reorganization through the streamlining or reduction of its
ex
officio, thus facilitating the policy and program coordination
personnel. Article VII, Section 17, of the Constitution, expressly In Buklod ng Kawaning EIIB v. Zamora, the Court pointed out that
betweentheBSPandtheDECS.
grants the President control of all executive departments, bureaus, Executive Order No. 292 or the Administrative Code of 1987 gives the
agencies and offices which may justify an executive action to President continuing authority to reorganize and redefine the
Beja,Sr.v.CA
inactivate the functions of a particular office or to carry out functionsoftheOfficeofthePresident.
reorganizationmeasuresunderabroadauthorityoflaw. It
is undisputed that the NPO, as an agency that is part of the Office of Attachment of an agency to a Department is one of the three
The
first
sentence
of
the
law
is
an
express
grant
to
the President of a the Press Secretary, is part of the Office of the President. In the case at administrative relationships mentioned in Book IV, Chapter 7 of
the
continuing authority to reorganize the administrative bar, there was neither an abolition of the NPO nor a removal of any of Administrative Code of 1987, the
other
two
being supervision and
structureoftheOfficeofthePresident. its functions to be transferred to
another agency. Under the assailed controlandadministrativesupervision.
In
the present instance, involving neither
an abolition nor transfer of Executive Order No. 378,
the
NPO remains the main printing arm
of Attachment refers to the lateral relationship between the
offices, the
assailed action is a mere reorganization under the general the government for all kinds of
government forms and publications department or its equivalent and the attached agency or corporation
provisions of
the
law consisting mainly of
streamlining the NTA in but in
the
interest of greater economy and encouraging efficiency and for purposes of policy and
program
coordination. The
coordination
the interest of simplicity, economy and efficiency. It is an act well profitability, it
must now compete with the private sector for certain shallbeaccomplishedby
within the authority of the President, motivated and carried out, government printing jobs.
At
most, there was a mere alteration of the
a) having the
department represented in the governing board of
according to the findings of the appellate court, in good faith, a factual main function of the NPO by limiting the exclusivity of its
printing
the
attached agency or
corporation, either as chairman or as
assessmentthatthisCourtcouldonlybutaccept. responsibilitytoelectionforms.
a
member, with or
without voting
rights,
if this is permitted
bythecharter;
⭐KapisananNgMgaKawaniNgERBv.Barin BoyScoutsofthePhilippinesv.COA2011EnBanc
b) having the attached corporation or agency comply with a
Abolition and removal are mutually exclusive concepts. From a Sec 20, Chapter 8, Title VI, Book IV of EO 292 classifies
BSP
as
an system of
periodic reporting which shall reflect the progress
legal standpoint, there is no occupant in
an
abolished office. Where AttachedAgency. ofprogramsandprojects;and
there is no occupant, there is no tenure to speak of. Thus, impairment The BSP is a public corporation or a government agency or c) having the department or its equivalent provide general
of
the constitutional guarantee of
security of
tenure does not arise in instrumentality with juridical
personality, which does not fall within policies through its
representative
in
the
board,
which shall
the abolition of
an office. On the other hand, removal implies that the the constitutional prohibition in Article XII, Section 16, serve as the framework for the internal policies of the
office and its related positions subsist and that the occupants are notwithstanding the
amendments to
its
charter. Public
corporations attachedcorporationoragency.
merelyseparatedfromtheirpositions. are
treated
by law as agencies or instrumentalities of the government
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With respect to administrative matters, the independence of an therefore in the Labor Code and he falls, therefore, within the Government Corporate Counsel does not have the authority to
attached agency from Departmental control and supervision is contemplationoftheterm"i nstrumentality". representsaidpetitionerinthiscase.
further reinforced by the fact that even an agency under a It is apparent that its charter does not grant the SRA the power to
Department's administrative supervision is free from Departmental IronandSteelAuthorityv.CA representtheRepublicinsuitsfiledbyoragainstthelatter.
interference with respect to appointments and other personnel The ISA in fact appears to be a non-incorporated agency or It is
a fundamental
rule
that
an
administrative agency has
only
such
actions "in accordance with the decentralization of personnel instrumentality of the GRP. It is common knowledge that other powers as are expressly granted to it by law and those that are
functions" under the Administrative Code of 1987. Moreover, the agencies or instrumentalities of the Government of
the
Republic
are necessarilyimpliedintheexercisethereof.
Administrative Code explicitly
provides that
Chapter 8 of Book IV on cast in corporate form, that is to say, are incorporated agencies or The
power to
represent the
Republic in
any suit
filed by or against it
supervision and control shall not apply to chartered institutions instrumentalities, sometimes with and at other times without capital
attachedtoaDepartment. having been withheld from SRA, it follows that the latter cannot
stock, and accordingly vested with a juridical personality distinct institute the instant petition. This conclusion does not, however,
Hence, the inescapable conclusion is that with respect to the fromthepersonalityoftheRepublic. mean that the SRA cannot sue and be sued. This power can be
management of personnel, an attached agency is, to a certain We consider that the ISA is properly regarded as an agent or implied from its powers to enter, make and execute routinary
extent,f reefromDepartmentalinterferenceandcontrol. delegate of
the
Republic of
the Philippines. The
Republic itself
is
a contracts.
body corporate and juridical person vested with
the
full
panoply of The Court of Appeals also correctly ruled that the OGCC can
Malagav.Penachos,Jr. powers and attributes which are
compendiously described as
"legal represent neither the SRA nor the Republic. We do not, however,
Instrumentality refers to any agency of the National Government, personality." share the view that only the Office of the Solicitor General can
not
integrated within
the
department framework, vested with special When the statutory term of a non-incorporated agency expires, the representtheSRA.
functions or jurisdiction by law, endowed with some if not all powers, duties and functions as well as
the
assets
and
liabilities of Under Section 35, Chapter 12, Title III of Book IV of the
corporate powers, administering special funds, and enjoying that agency revert back to, and are re-assumed by, the Administrative Code of 1987 the Solicitor General is the lawyer of the
operational autonomy, usually
through a charter.
This
term includes Republic. government, its agencies and instrumentalities, and its officials or
regulatory agencies, chartered institutions, and government-owned or agents. When confronted with a situation where one government
In
the
instant case, ISA instituted the expropriation proceedings in its
controlledcorporations. office takes an adverse position against another government agency,
capacity as an agent or delegate or representative of the Republic
Chartered institution refers to any agency organized or operating pursuant to its authority under P.D. No. 272. The present as in this case, the Solicitor General should not refrain from
under a special charter,
and
vested by
law
with
functions relating to expropriation suit was brought on behalf
of
and
for the benefit of the performing his duty as the lawyer of the government. It is incumbent
specific constitutional
policies
or
objectives. This
term
includes the Republic as the principal of ISA. The principal or the real
party in upon him to present to the court what he considers should legally
state universities and colleges, and the monetary authority of the interest is thus the Republic and not
the
National Steel
Corporation, uphold the best interest of the government although it may run
state. even though the latter may be an ultimate user of the properties counter to a client's position. In such an instance the government
involvedshouldthecondemnationsuitbeeventuallysuccessful. office adversely affected by the position taken by the Solicitor
LuzonDevelopmentBankv.AssociationofLuzonDev.Bank General, if
it
still
believes in
the
merit of its
case,
may
appear on its
From the foregoing premises, it
follows that
the
Republic is
entitled
Employees ownbehalfthroughitslegalpersonnelorrepresentative.
to be substituted in the expropriation proceedings as
party-plaintiff
inlieuofISA,thestatutorytermofISAhavingexpired. Consequently, the SRA need not be represented by the
OSG. It
may
The voluntary arbitrator, whether acting solely or in a panel,
enjoys in
law
the
status of
a quasi-judicial
agency but independent appear on its own behalf through its legal personnel or
of,
and
apart from, the NLRC since his decisions are not appealable to representative. Since the SRA is neither a GOCC nor a subsidiary
Republicv.CA
thelatter. thereof,OGCCdoesnothavetheauthoritytorepresentit.
Petitioner Sugar Regulatory Administration may not lawfully
The voluntary arbitrator no less performs a state function pursuant to bring an action on behalf of the Republic and that the
Office
of
the Leysonv. Ombudsman
a governmental power delegated to him under the provisions
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TobeconsideredaGOCC,three(3)requisitesmustconcur,namely, therefore, it
was grossly erroneous for
respondent judge
to
order the The President's power to conduct investigations to ensure that
first,anyagencyorganizedasastockornon-stockcorporation; reinvestigation of
the
case by
the
prosecutor. This action enabled the laws are faithfully executed is well recognized. It flows from the
latter
to
reprobate and
reverse the
secretary's Resolution. In granting faithful-execution clause of the Constitution under Article VII,
second, vested with functions relating to public needs whether
the Motion for Reinvestigation, respondent effectively demolished Section17thereof.
governmentalorproprietaryinnature;and, theDOJ'spowerofcontrolandsupervisionoverprosecutors.
third, owned by the Government directly or through its
C.Powersofadministrativeagencies
instrumentalities either wholly,
or,
where applicable as in the case of ⭐Biraogov.ThePhilippineTruthCommissionR ePowerofControl,
Smartv.NTC
stock corporations, to the
extent
of
at
least
fifty-one
(51) percent FaithfulExecutionClause,andPowertoInvestigate
ofitscapitalstock. Administrative agencies possess quasi-legislative or rule-making
The creation of the PTC is not justified by the
President's power of
powersandquasi-judicialoradministrativeadjudicatorypowers.
control. Control is essentially the power to alter or modify or nullify
CommunityRuralBankofGuimbav.Talavera The rules and regulations that administrative agencies promulgate,
or set aside what a subordinate officer
had done in the
performance
In
administrative law, supervision means overseeing or the power of
his duties and to substitute the judgment of the former with that of which are the product of a delegated legislative power to create
the latter. Clearly, the power of control is
entirely different from
the newandadditionallegalprovisionsthathavetheeffectoflaw,should
or authority of an officer to see that subordinate officers perform
their duties. If
the latter fail or neglect to fulfill them, the former may power to create public offices. The former is inherent in the (a) be
within
the
scope
of
the statutory authority granted by the
take such
action or step as
prescribed by law to
make them perform Executive, while the latter finds basis
from either a valid
delegation legislaturetotheadministrativeagency.
such duties. C ontrol, on the other hand, means the power of an fromCongress,orhisinherentdutytofaithfullyexecutethelaws. (b) be germane to the objects and purposes of the law,
and
be
officer to alter or modify or nullify
or set aside what
a subordinate Indeed, the
Executive is
given
much leeway in ensuring that our laws not in contradiction to, but in conformity with, the standards
officer had done in the performance of his duties and to substitute the are faithfully executed. As stated above,
the
powers of
the
President prescribedbylaw
judgmentoftheformerforthatofthelatter. are not limited to
those specific
powers under the
Constitution. One (c) conform to and be consistent with the provisions of the
Review as an
act
of
supervision and control
by
the
justice secretary of the recognized powers of the President granted pursuant to this
enabling statute in order for such rule or regulation to be
over the fiscals and prosecutors finds basis in the doctrine of constitutionally-mandated duty is the power to create ad hoc valid.
exhaustion of administrative remedies which holds that mistakes, committees.
In
questioning
the
validity
or
constitutionality of a rule or regulation
abuses or negligence committed in the initial steps of an On the charge that Executive Order No. 1 transgresses the power of issued by an administrative agency, a party need NOT exhaust
administrative activity or by an administrative agency should be Congress to appropriate funds for the operation of a public office,
corrected by higher administrative authorities, and not directly by administrative remedies before going to court. This principle
suffice it to say that there will be no appropriation but only an
courts. applies only where the act of the administrative agency
allotment or allocations of existing funds already appropriated.
concerned was performed pursuant to its quasi-judicial
In short, the secretary of justice,
who
has the power
of
supervision Accordingly, there is no usurpation on the part of the Executive of the
function, and
not
when
the
assailed act
pertained
to
its rule-making
and control over prosecuting officers, is
the ultimate
authority
who power of Congress to
appropriate funds. Further, there is
no need
to
orquasi-legislativepower.
decides which of
the
conflicting theories of the complainants and the specify the amount to be earmarked for the operation of the
respondents should be believed. The provincial or city prosecutor commission because, in the words of the Solicitor General, "whatever In like manner, the doctrine of primary jurisdiction applies
has neither the personality nor the legal authority to review or funds the Congress has provided for
the
Office of
the
President will only where the administrative agency exercises its
overrulethedecisionofthesecretary. be
the
very source of the funds for the commission." Moreover, since quasi-judicialoradjudicatoryfunction.
In
the
present
case, the accused filed their Motion for Reinvestigation the amount that would be allocated to the PTC shall be subject to
existing auditing rules and regulations, there is no impropriety in the
Rule-makingorQuasi-legislativepower
on
November 29,
2000, about three months after the August 15, 2000
Resolution of the secretary denying with finality their Motion for funding. is the power to make rules and regulations which results in
Reconsideration of the denial of their Petition for Review. Clearly, delegated legislation that is within the confines of the granting
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statute and the doctrine of non-delegability and separability of
least cumbersome the implementation of
the
law
but substantially In cases
where
the
dispute
concerns
the
interpretation by
an
agency
powers.
adds to
or
increases the burden of those governed, it behooves the ofitsownrules,weshouldapplyonlythesestandards:
Kindsofadministrativerulesandregulations agency to accord at least to those directly affected a chance to
be 1. Whetherthedelegationofpowerwasvalid;
heard, and thereafter to
be duly informed, before that new issuance
Legislative
2. whether the
regulation
was within that delegation; and if
isgiventheforceandeffectoflaw.
so,
designed to implement a primary legislation by providing the RMC 37-93 cannot be viewed simply as a corrective measure. The
3. whether it was a reasonable regulation under a due
details thereof. Before it is adopted, there must be hearing, and BIR did not simply interpret the law; it legislated under its
quasi-legislative authority. The due observance of the
requirements processtest.
mustbepublished.
of
notice, of
hearing, and
of publication should not have been then
Requisitesforvalidity
Interpretative
ignored.
The
Court
is
convinced that the hastily promulgated RMC 37-93 has 1. Completeness Test. it must set forth therein
the
policy
to
be
designed to
provide guidelines
to
the
law
which the administrative
fallenshortofavalidandeffectiveadministrativeissuance. executed,carriedoutorimplementedbythedelegate.
agencyisinchargeofenforcing.ItneedNOTbepublished.
2. Sufficient Standard Test. the
limits of
which
are
sufficiently
Eslaov.COA Peraltav.CSC
determinate or determinable — to which the delegate must
Administrative regulations and policies enacted by administrative When an administrative or executive agency renders an opinion or conformintheperformanceofhisfunctions.
bodies to interpret the law have the
force
of
law
and
are
entitled
to issues a statement of policy, it
merely
interprets a pre-existing law;
greatrespect. and the administrative interpretation of the law is at
best
advisory, Dagan,et.al.v.PhilippineRacingCommission
for it
is
the
courts
that finally
determine what the
law means.
It
has The validity of an administrative issuance hinges on compliance with
CIRv.CA also been held that interpretative regulations need not be thefollowingr equisites:
published.
In Misamis Oriental Association of Coco Traders, Inc., v. 1. Itspromulgationmustbea
uthorizedbythelegislature;
Administrative construction, if we may repeat, is not necessarily
DepartmentofFinanceSecretary, theCourtexpressed: 2. It must be promulgated in accordance with the
binding upon the courts.
Action of
an administrative agency may be
a legislative rule is in the nature of subordinate legislation, disturbed or set aside by the judicial department if there is an error of prescribedprocedure;
designed to
implement a primary legislation by providing the details law, or, abuse of power or lack of jurisdiction or grave abuse of 3. It
must
be
within
the
scope
of
the authority given by the
thereof. In the same way that laws must have the benefit of
public discretion clearly conflicting with either the letter or the
spirit
of
a legislature;
hearing, it is generally required that before a legislative rule is legislativeenactment. 4. Itmustbereasonable.
adopted there must be hearing. In addition such rule must be
published. All the prescribed requisites are met as regards the questioned
Melendresv.Comelec
issuances. Philracom's authority is drawn from P.D. No. 420. The
On the other hand, interpretative rules are
designed
to
provide
A formal trial-type hearing is not at all times and in all instances delegation made in the presidential decree is valid. Philracom did not
guidelines to
the
law
which
the
administrative
agency is in charge of
essential to due
process. It
is
enough that the
parties are
given a fair exceeditsauthority.Andtheissuancesarefairandreasonable.
enforcing.
and reasonable opportunity to explain their respective sides of the Petitioners
also question the supposed delegation by Philracom of its
When an administrative rule is merely interpretative in nature, its controversy and
to
present evidence on which a fair
decision can be rule-makingpowerstoMJCIandPRCI.
applicability needs
nothing further than
its
bare issuance for it gives based.
no real consequence more than what the law itself has already There is no delegation of power to speak of
between
Philracom,
as
prescribed. When,
upon the
other
hand,
the administrative rule goes the delegator and MJCI and PRCI as delegates. The Philracom directive
EasternTelecomv.InternationalCommunication
beyond merely providing for the means that can
facilitate
or
render ismerelyi nstructivei ncharacter.
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As a rule,
the
issuance of
rules
and regulations in
the
exercise
of
an EO
156
satisfied
the
first
requisite
of a valid administrative order. It a chance to be heard and, thereafter, to be duly informed,
administrative agency
of its
quasi-legislative power does not require hasbothconstitutionalandstatutorybases. beforetheissuanceisgiventheforceandeffectoflaw.
notice and hearing. In Abella, Jr. v.
Civil
Service Commission, this Delegation of legislative powers to the President is permitted in In
the
instant case,
EO 156
is obviously a legislative rule as it seeks
Court had the occasion to rule that prior notice and hearing are Section 28(2) of Article
VI
of
the
Constitution.
The
relevant statutes to implement or execute primary legislative enactments intended to
NOT essential to the validity of rules or regulations issued in toexecutethisprovisionare: protect the
domestic industry by
imposing a ban
on
the importation
the exercise of quasi-legislative powers since there is no 1) TheTariffandCustomsCode; ofaspecifiedproductnotpreviouslysubjecttosuchprohibition.
determination of past events or facts that have to be 2) Executive Order No. 226, the Omnibus Investment Code of The importation ban runs afoul the third requisite for a valid
establishedorascertained. thePhilippines; administrative order. To be valid, an administrative issuance must
As for the third requisite, the assailed guidelines prescribe the 3) Republic Act No. 8800, otherwise known as
the
“Safeguard not be ultra vires or
beyond
the limits of
the
authority conferred. It
procedure for monitoring and eradicating EIA. These guidelines are in MeasuresAct”(SMA). must not supplant or modify the Constitution, its enabling statute and
accord with Philracom's mandate under the law to regulate the There are thus explicit constitutional and statutory permission other existing laws, for such is the sole function of the legislature
conductofhorseracinginthecountry. authorizing the President to ban or regulate importation of articles whichtheotherbranchesofthegovernmentcannotusurp.
Anent the fourth requisite, the
assailed
guidelines do
not
appear to andcommoditiesintothecountry. The subject matter of the laws authorizing the President to regulate or
be unreasonable or discriminatory. In fact, all
horses
stabled
at
the Anent the
second
requisite,
that
is,
that
the
order
must
be
issued
or forbid importation of
used
motor vehicles, is
the
domestic industry.
MJCIandPRCI'spremisesunderwentthesameprocedure. promulgated in accordance with the prescribed procedure, it is EO
156, however, exceeded the scope of
its
application by
extending
necessary that the nature of the administrative issuance is the prohibition on the importation of used cars to the Freeport, which
1.AuthorizedbyCongress properlydetermined. RA
7227, considers to
some extent, a foreign territory. The domestic
industry which the EO seeks to protect is actually the “customs
TayugRuralBankv.CentralBank As in the enactment of laws, the general rule is that, the
territory.” The proscription in the importation of used motor vehicles
promulgation of administrative issuances DOES NOT require should be operative only outside the Freeport and the inclusion of
Nowhere in R.A. 720 is the Monetary Board authorized to mete out on
previous notice and hearing, the only exception being where the said zone within the ambit of the prohibition is an invalid
rural banks an additional penalty rate on their past due accounts with
legislature itself requires it and mandates that the regulation shall modification of RA 7227. Indeed, when the application of an
Appellant. As correctly stated by the
trial court, while the Monetary
be based on certain facts as determined at an appropriate administrative issuance modifies existing laws or exceeds the
Board possesses broad supervisory powers, nonetheless, the
investigation. This exception pertains to the
issuance of
legislative intended scope, as in the instant case, the issuance becomes
retroactive imposition of administrative penalties cannot be taken as
rules as distinguished from interpretative rules which give no real void, not only for being ultra vires, but also for being
ameasuresupervisoryincharacter.
consequence more than what the law itself has already prescribed; unreasonable.
and are designed merely to provide guidelines to the law which the
Administrative rules
and regulations have the force and effect of law. As to
the fourth requisite, there is
no
doubt that the issuance of the
administrative agency is in charge of enforcing. A legislative rule,
There are, however, limitations to the rule-making power of ban to protect the domestic industry is a reasonable exercise of
on the
other hand,
is
in
the
nature of subordinate legislation, crafted
administrative agencies. A rule shaped out by jurisprudence is
that police power. In
the
exercise of
delegated police power, the executive
toimplementaprimarylegislation.
when Congress authorizes promulgation of administrative rules and can therefore validly proscribe the importation of these vehicles. The
regulations to
implement given legislation, all that is required is that In CIR v. CA, and CIR v. MLhuillier Pawnshop, Inc., the Court
problem, however, lies with respect to the application of the
the regulation be not in contradiction with it, but conform to the enunciated the doctrine that when an administrative rule goes importation ban to the Freeport. The Court
finds no
logic
in
the all
standards that the law prescribes. Hence an administrative agency beyond merely providing for the means that can facilitate or encompassing application of the assailed provision to the Freeport
cannot impose a penalty not so provided in the law authorizing the render less cumbersome the implementation of the law and which is outside the customs territory. As long as the used motor
promulgation of the rules and regulations, much less one that is substantially increases the burden of those governed, it vehicles do not enter the customs territory, the injury or harm sought
appliedretroactively. behooves the agency to accord at least to those directly affected
to be prevented or remedied will not arise. The application of
the law should be consistent with the purpose of and
ExecutiveSecretaryv.SouthwingHeavyIndustries
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reason
for
the
law. Ratione cessat lex, et cessat lex. When the Considering t hat administrative rules draw life from the statute "agricultural activity." The raising
of
livestock, swine and
poultry is
reason for
the law ceases, the law ceases. It is not the letter alone but which they seek to implement, it is obvious that the spring different from crop or tree farming. It is an industrial, not an
thespiritofthelawalsothatgivesitlife. cannotrisehigherthanitssource. agricultural,activity.
In sum, the Court finds that
Article 2,
Section 3.1 of
EO 156 is
void
insofar as it is made applicable to the presently secured fenced-in Peoplev.Maceren HolySpiritHomeownersAssociationv.Defensor
former Subic Naval Base area.
Hence, used motor vehicles that come In
questioning the
validity
or
constitutionality of a rule or regulation
The
regulation penalizing electro
fishing is not strictly in accordance
into the Philippine territory via the secured fenced-in former Subic issued by an administrative agency, a party need NOT exhaust
with the Fisheries Law, under which the regulation was issued,
Naval Base area may be stored, used or traded therein, or
exported administrative remedies before going to court. This principle,
becausethelawitselfdoesnotexpresslypunishelectrofishing.
out of the Philippine territory, but
they cannot be imported into the however, applies only where the act of the administrative
Philippine territory outside of the secured fenced-in former Subic In a prosecution for a violation of an administrative order, it must
agency concerned was performed pursuant to its
NavalBasearea. clearly appear that the order is one which falls
within
the
scope of
QUASI-JUDICIAL function, and not when the assailed act
the authority conferred upon the
administrative body,
and
the order
pertainedtoitsrule-makingorquasi-legislativepower.
willbescrutinizedwithspecialcare.
LandBankv.Dalauta2017EnBanc
The assailed IRR
was issued pursuant to
the
quasi-legislative power
In Section 57 of R.A.
No.
6657,
Congress expressly granted the
RTC, Romulo,Mabanta,Buenaventura,Sayoc&DeLosAngelesv.HDMF of the Committee. The petition rests mainly on the theory that the
acting as SAC, the original and exclusive jurisdiction over all petitions assailed IRR
issued by the
Committee is
invalid on the ground that it
for the determination of just
compensation to
landowners. Only the When the Board of
Trustees
of the HDMF required in Section 1, Rule is not germane to the object and purpose of the statute it seeks to
legislature can
recall
that
power. The DAR has no authority to qualify VII of the 1995 Amendments to the IRR of R.A. No. 7742 that implement. Where what is assailed is the validity or
orundothat. employers should have both provident/retirement a nd housing constitutionality of a rule or regulation issued by the administrative
benefits for
all
its
employees in order to
qualify for exemption from agency in the performance of its quasi-legislative function, the
2.W ithintheScopeofAuthority
the Fund, it effectively amended Section 19 of P.D. No. 1752. And regular courts have jurisdiction to
pass upon
the
same. Hence, the
Boie-TakedaChemicalsv.DelaSerna when the Board subsequently abolished that
exemption through the judicial course to assail its validity must follow the doctrine of
1996 Amendments, it repealed Section 19 of P.D. No. 1752. Such hierarchyofcourts.
In
including commissions in
the
computation of the 13th month pay, amendment and subsequent repeal of
Section 19
are both invalid, as
the second paragraph of Section 5 (a) of the
Revised
Guidelines
on A petition for prohibition is also not
the
proper
remedy to
assail
an
they are not within the delegated power of the Board. The HDMF
the Implementation of
the 13th Month Pay Law unduly expanded the IRR issued in
the
exercise
of a quasi-legislative function. Prohibition
cannot, in the exercise of its rule-making power, issue a regulation
conceptof"basicsalary"asdefinedinP.D.851. lies against judicial or ministerial functions, but not against
notconsistentwiththelawitseekstoapply.
legislative or quasi-legislative functions. Where the principal relief
It is a fundamental rule that implementing rules cannot add to or
sought is to invalidate an IRR, petitioners' remedy is an ordinary
detract from the provisions of the law it
is
designed to
implement. DARv.Sutton action for its nullification, an action which properly
falls
under the
Administrative regulations adopted under legislative authority by a
In the case at bar, we find that the impugned A.O. is invalid as it jurisdictionoftheRTC.
particular department must be in harmony with the provisions of the
contravenes the Constitution. The A.O. sought to regulate livestock Where a rule
or
regulation has a provision not expressly stated
law they are intended to carry into effect. They cannot widen its
farms by including them in the coverage of agrarian reform and or contained in
the
statute
being implemented, that
provision
scope.AnadministrativeagencycannotamendanactofCongress.
prescribing a maximum retention limit for their ownership. However, doesnotnecessarilycontradictthestatute.
the deliberations of the 1987 Constitutional Commission show a
MinersAssociationofthePhilsv.Factoran,Jr.
clear intent to exclude, inter alia, all lands exclusively devoted to Orceov.Comelec2010
livestock, swine and poultry-raising. The Court clarified in the Luz
Farms case that livestock, swine and poultry-raising are industrial The COMELEC's intent in the inclusion of airsoft guns in the term
activities and do not fall within the definition of "agriculture" or "firearm" and their resultant coverage by the election gun
ban is
to
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avoid the possible use of recreational guns in sowing fear, distinction; it speaks of rates proposed by public services; and The function of prescribing rates by an administrative agency may be
intimidationorterrorduringtheelectionperiod. whether initial or revised, these rates are necessarily proposed either a legislative or
an adjudicative function. If it were a legislative
Contrary to petitioner's allegation, there
is
a regulation
that
governs merely, until the Commission approves them. The Public Service function, the grant of prior notice and hearing to the affected
the possession and carriage of airsoft rifles/pistols, namely, PNP Commission practice, moreover, is
to
hear
and approve revised rates parties is NOT a requirement of due process. As regards rates
CircularNo.11datedDecember4,2007. without published notices
or hearing. The reason is easily discerned: prescribed by an administrative agency in the exercise of its
The provisional rates are by their nature temporary and subject to quasi-judicial function, prior
notice and hearing are essential to
The inclusion of airsoft guns and airguns in the term "firearm" in
adjustment in conformity with the definitive rates
approved, and
in thevalidityofsuchrates.
Resolution No.
8714
for
purposes of the
gun
ban during the election the
case at
bar,
the
Public
Service Commission order of 20 May 1970
period is
a reasonable restriction,
the objective of which is to ensure When the rules and/or
rates
laid
down
by
an
administrative
agency
expresslysoprovided.
theholdingoffree,orderly,honest,peacefulandcredibleelections. are
meant
to to
apply all enterprises of a given kind throughout the
However, the Court excludes the replicas and imitations of airsoft country,theymaypartakeofal egislativec haracter.
Macedav.ERB
guns
and
airguns from the term "firearm" under Resolution No. 8714, Where the rules and the rates imposed apply exclusively to a
becausetheyarenotsubjecttoanyregulation,unlikeairsoftguns. What must be
stressed is that while under Executive Order No. 172, a
hearing is indispensable, it does not preclude the Board from
particular
party, based upon a finding of fact, then its function
ordering, ex
parte, a provisional increase, as it did here, subject to its isquasi-judicialincharacter.
Purisimav.PhilippineTobaccoInstitute2017
final
disposition of
whether or
not: (1)
to
make
it permanent; (2) to Is DO No. 37 issued by the DECS in the exercise of its legislative
A
reading of Section 11 of
RR 17-2012 and Annex "D-1" on Cigarettes reduce or increase it further; or (3) to deny the application. Section 3, function? We believe so. The assailed DO prescribes the maximum
Packed by Machine of
RMC 90-2012 reveals that
they are not simply paragraph (e) is akin to a temporary restraining order or a writ of school fees
that may
be
charged by all private schools in the country
regulations to implement RA 10351. They are amendatory provisions preliminary attachment issued by the courts, which are given ex for school year 1987 to 1988. This being so, prior notice and
which require cigarette manufacturers to be liable to pay for more tax parte,andwhicharesubjecttotheresolutionofthemaincase. hearingarenotessentialtothevalidityofitsissuance.
than the law allows. The BIR, in issuing these revenue regulations, Section 3, paragraph (e) and Section 8 do not negate each other,
or
created an additional tax liability for packaging combinations smaller otherwise, operate exclusively of the other, in that the Board may PhilippineCommunicationsSatellitev.Alcuaz
than 20 cigarette sticks. In
so
doing,
the
BIR amended the law, an act resort to
one
but
not to
both at
the
same
time. Section 3(e) outlines
beyondthepoweroftheBIRtodo. The order in question which was issued by respondent Alcuaz no
the jurisdiction of
the Board and the grounds for which it may decree doubt contains all the attributes of a quasi-judicial adjudication.
Excise tax on
cigarettes
packed by
machine shall be imposed
on
the a
price adjustment, subject to the requirements of notice and hearing. Foremost is
the
fact that
said
order
pertains exclusively to petitioner
packaging combination of 20 cigarette sticks as a whole
and
not
to Pending that, however, it may order, under Section 8, an authority to and to no other. Thus, an immediate reduction in its rates would
individualpackagingcombinationsorpouchesof5's,10's,etc. increase provisionally, without need of a hearing, subject to the adversely affect its operations and the quality of its service to the
finaloutcomeoftheproceeding. public considering the maintenance requirements, the projects it still
3.ObservanceofPrescribedProcedure;NoticeandHearing;
has to undertake and the financial outlay involved. Notably,
Publication
PhilippineConsumersFoundationv.SecofDECS petitioner was not even afforded the opportunity to cross-examine
the inspector who issued the
report
on which respondent NTC based
Republicv.Medina We are not convinced by the argument that the power to regulate
itsquestionedorder.
school fees "does not always include the power to increase" such
If the Commission is empowered to approve provisional rates even fees. In the absence of a statute stating otherwise, this power includes While respondents may fix a temporary rate pending final
without a hearing, a fortiori it
may act on
such rates
upon a six-day the
power to
prescribe school fees.
No other
government agency has determination of the
application of
petitioner, such
rate-fixing order,
notice to
persons concerned. In fact, when the provisional rates were been vested with the authority to fix school fees and as such, the temporary though it may be, is not exempt from the statutory
approved on 20
May, the
full
10 days notice had been published. To power should be
considered lodged with the
DECS if it is to properly procedural requirements of notice and hearing, as well as the
be sure petitioner Gonzalez argues that the proviso applies only to andeffectivelydischargeitsfunctionsanddutiesunderthelaw. requirement of
reasonableness. Assuming that
such power is vested
initial, not
revised, rates. The Public Service Act, however, makes no in
NTC,
it
may not
exercise
the same in an arbitrary and confiscatory
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manner. Categorizing such
an
order as
temporary in
nature does not From the time the COA disallowed the expenses in audit up to the It is a basic postulate of due process, specifically in relation
to
its
perforce entail the applicability of a different rule of statutory filing of herein petition the
subject circular
remained in
legal limbo substantive component, that any governmental rule or regulation
procedure than
would otherwise be
applied to any other order on the due to its non-publication. As was stated in Tañada vs. Tuvera, must be reasonable in its operations and its impositions. Any
samematterunlessotherwiseprovidedbytheapplicablelaw. "prior publication of laws before they become effective cannot be restrictions, as well as sanctions, must be
reasonably related
to
the
It is thus clear that with regard to rate-fixing, respondent has no dispensed with,
for
the
reason that
such
omission would offend due purpose or objective of the government in
a manner
that would not
authority to make such order without first giving petitioner a hearing, process insofar as it would deny the public knowledge of the laws workunnecessaryandunjustifiableburdensonthecitizenry.
whether the order be temporary or permanent, and it
is
immaterial thataresupposedtogovernit."
Contrary to petitioners’ contention, the Reporting Requirement for
whether the same is made upon a complaint, a summary the Comelec’s monitoring is reasonable. It is a reasonable means
investigation, or upon the commission's own motion as in the GMAv.MTRCB
adopted by the COMELEC to ensure that parties and candidates are
presentcase. The Administrative Code of 1987, particularly Section 3 thereof, afforded equal opportunities to promote their respective candidacies.
An order of respondent NTC prescribing reduced rates, even for a expressly requires each agency to file with the Office of the Unlike the restrictive aggregate-based airtime limits,
the
directive to
temporary period, could be unjust, unreasonable or even National Administrative Register (ONAR) of the University of give prior notice is
not
unduly
burdensome and unreasonable, much
confiscatory, especially if the rates are unreasonably low, since the the Philippines Law Center
three certified copies of every
rule less could it be characterized as prior restraint since there is no
utility permanently loses its just revenue during the prescribed adopted by
it. Administrative
issuances which are not published or restrictionondisseminationofinformationbeforebroadcast.
period. In fact, such order is in effect final insofar as the revenue filedwiththeONARareineffectiveandmaynotbeenforced. In
the same way that the Court finds the “prior notice” requirement as
duringtheperiodcoveredbytheorderisconcerned. not constitutionally infirm, it
similarly concludes that
the
“right
to
GMAv.COMELEC2
014EnBanc reply” provision is reasonable and consistent with the constitutional
Rubeneciav.CSC mandate.
The petitions question
the constitutionality of
the limitations placed
CSC Resolution No. 93-2387, quoted earlier, did not require on aggregate airtime allowed to candidates and political parties, as
individual written notice sent by mail to parties in administrative well as
the
requirements incident thereto,
such as
the
need
to report 4.FairandReasonable
cases pending before the
MSPB. Assuming that Rubenecia had not in thesame,andthesanctionsimposedforviolations. Lupangcov.CA
fact been sent an
individual notice,
the
fact remains that
Resolution
No.
93-2387 was published in a newspaper of general circulation; the Is the RTC of the same category as the Professional Regulation
While it
is
true that
the
COMELEC is
an
independent office
and not a
Commission may accordingly be deemed to have complied Commission so that it cannot pass upon the validity of the
mere administrative agency under the Executive Department, rules
substantially with the requirement of written notice in its own administrativeactsofthelatter?
which apply to the
latter must
also be
deemed to
similarly apply
to
Resolution. the former, not as a matter of administrative convenience but as a NO. What is clear from PD No. 223 creating the PRC is that it is
dictate of due process. Thus, whatever might have been said inCIR v. attached to the Office of the President for general direction and
CA should also apply mutatis mutandis to the COMELEC when it coordination. Well
settled in
our
jurisprudence is
the
view that even
PITCv.COAcitingTañadav.Tuvera
comes to promulgating rules
and regulations which adversely affect, actsoftheOfficeofthePresidentmaybereviewedbytheRTC.
DBM-CCC No. 10
has
been
re-issued in
its entirety and submitted for
orimposeaheavyandsubstantialburdenon,thecitizenry. In
order to
invoke the exclusive appellate jurisdiction of the CA, there
publication in
the
Official
Gazette. Would the subsequent publication
For failing to conduct prior hearing before coming up with Resolution has to be a final order or ruling which resulted from proceedings
thereof cure the defect and retroact to the time that the
No. 9615, said Resolution, specifically in regard
to
the
new
rule
on wherein the administrative body involved exercised its quasi-judicial
above-mentioneditemsweredisallowedinaudit?
aggregateairtimeisdeclaredd efectiveandineffectual. functions. This does not cover rules and regulations of general
The answer is in the negative, precisely, for the reason that applicability issued by the administrative body to implement its
publication is
required as
a condition precedent to the effectivity of a ResolutionNo.9615d
oesnotimpose
purely administrative policies and
functions like Resolution No. 105
law to inform the public of the contents of the law or rules and anunreasonableburdenonthe
which was adopted by
the
respondent PRC as a measure
to
preserve
regulations before
their
rights and
interests
are affected by the same. broadcastindustry
theintegrityoflicensureexaminations.
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manner is incidental to or reasonably necessary for the
Can
this
Commission lawfully
prohibit
the examinees from attending The exercise of the power to supervise and regulate legal education is
performanceoftheexecutiveoradministrativedutyentrustedtoit.
review classes,
receiving handout
materials, tips
or the like three (3) circumscribed by the normative contents of the Constitution itself,
that is, it must be reasonably exercised. Reasonable exercise In carrying out their quasi-judicial functions, the administrative
daysbeforethedateofexamination?
means that it should not amount to control and
that it
respects officers or bodies are
required
to
investigate
facts
or ascertain
the
NO. On its
face,
it can
be
readily
seen that
it
is
unreasonable in
that existence of facts, hold hearings, weigh evidence, and draw
the Constitutionally guaranteed institutional academic freedom and
an examinee cannot even attend any review class, briefing, the citizen's right to
quality and accessible education. Transgression conclusions from them as basis for their official action and exercise
conference or the like, or receive any hand-out, review material, or of these limitations renders the power and the exercise thereof ofdiscretioninajudicialnature.
any tip from any school, college
or
university, or any
review center unconstitutional.
or the like or any reviewer, lecturer, instructor, official or employee of Meralcov.Atilano2012
anyoftheaforementionedorsimilarinstitutions. The law schools are left
with
absolutely no discretion to
choose its A preliminary investigation is not a quasi-judicial proceeding, and the
The unreasonableness is more obvious in that one who is caught students at
the
first instance and in accordance with its own policies, DOJ is
not
a quasi-judicial agency exercising a quasi-judicial function
committing the prohibited acts
even without any
ill
motives
will
be but are dictated to surrender such discretion in favor of a when it reviews the findings of a public prosecutor regarding the
barred from taking future examinations conducted by the PRC. State-determined pool of applicants, under pain of administrative presence of probable cause. A quasi-judicial agency performs
Furthermore, it
is
inconceivable how the Commission can manage to sanctions and payment of fines. Mandating law schools to reject adjudicatory functions when its awards determine the rights of
have a watchful eye on each and every examinee during the three days applicants who failed to
reach the prescribed PhiLSAT passing score parties, and its decisions have the same effect as a judgment of a
beforetheexaminationperiod. or those with expired PhiLSAT eligibility transfers complete control court.
It is an axiom in administrative law that administrative authorities overadmissionpoliciesfromthelawschoolstotheLEB.
The public prosecutor exercises investigative powers in the
should not act arbitrarily and capriciously in the issuance of
rules The right of the institutions then are constricted only in providing conduct of
preliminary investigation to
determine whether, based on
and regulations. To
be
valid, such
rules
and regulations must be "additional" admission requirements, admitting of
the
interpretation the evidence presented to
him, he should take further action by filing
reasonable and fairly adapted to secure the end in view. If that the preference of the school itself is merely secondary or a criminal complaint in court. In doing so, he does not adjudicate
shown to bear
no reasonable relation to the purposes for which supplemental to that of the State which is antithetical to the very upon the rights, obligations or liabilities of the parties before him.
they are authorized to
be
issued, then
they must
be held to be principleofreasonablesupervisionandregulation. Since the
power exercised by the public prosecutor in this instance is
invalid. It is
settled that
the
PhiLSAT, when administered as
an aptitude test, merely investigative or inquisitorial, it is subject to a different
Resolution No. 105 is not only unreasonable and arbitrary, it also is reasonably related to the State's unimpeachable interest in standard in terms of stating the facts and the law in its
infringes on the examinees' right to liberty guaranteed by the improving the quality of
legal
education. This aptitude test, however, determinations. This is also true in the case of the DOJ Secretary
Constitution. Respondent PRC has no authority to dictate on the should not be exclusionary, restrictive, or
qualifying as to
encroach exercising her review powers over decisions of
public prosecutors.
reviewees as to how they should prepare themselves for the licensure uponinstitutionalacademicfreedom. Thus, it is sufficient that in denying a petition for review of a
examinations. resolution of a prosecutor, the DOJ resolution state the law upon
whichitisbased.
Another evident objection to Resolution No. 105 is that it
violates AdjudicatoryorQuasi-judicialpower
the academic freedom of the schools concerned. Respondent PRC We rule, therefore, that the DOJ resolution satisfactorily complied
This is
the
power
to
hear and determine questions of fact to which
cannot interfere with the
conduct of
review that review schools and with constitutional and legal requirements when it stated its legal
the legislative policy is to apply
and
to
decide
in
accordance with
centers believe would best enable their enrollees to meet the basis for
denying MERALCO’s petition
for
review which is
Section 7
the standards laid down by the law itself in enforcing and
standards required before becoming a full-pledged public accountant. of Department Circular No. 70, which authorizes the Secretary of
administeringthesamelaw.
Unless the means or methods of
instruction are
clearly
found to be Justice to dismiss a petition outright if he finds it to be patently
The
administrative body exercises
its
quasi-judicial power when it without merit or manifestly intended for delay, or when the issues
inefficient, impractical, or riddled with corruption, review schools
andcentersmaynotbestoppedfromhelpingouttheirstudents. performs in a judicial manner an act which is essentially of an raisedthereinaretooinsubstantialtorequireconsideration.
executive or administrative nature,
where the
power to
act
in
such
Pimentelv.LEB2019EnBancR
eReasonablenessofPhiLSAT Encinasv.Agustin,Jr.2
013EnBanc
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Inadministrativelaw,aq
uasi-judicialproceedinginvolves The act
complained of consisted in
petitioner having allegedly failed disclosed the existence of the petition pending before the Med-Arbiter
(a) takingandevaluatingevidence; to deliver the telegraphic message of private respondent to the andevenattachedacopythereof.
(b) determiningfactsbasedupontheevidencepresented;and addressee in
Madrid, Spain. Obviously, such imputed negligence had Unlike the
NLRC which
is
explicitly
vested with the jurisdiction over
nothing whatsoever to do
with
the
subject matter
of
the very limited claims for
actual, moral,
exemplary and
other
forms of damages, the
(c) rendering an order or decision supported by the facts
jurisdictionoftheCommissionoverpetitioner. BLR is not specifically empowered to adjudicate claims of such
proved. naturearisingfromintra-unionorinter-uniondisputes.
The exercise of quasi-judicial functions involves a determination, DeSyquiav.BoardofPowerandWaterWorks
with
respect to
the matter in controversy, of what the law is; what the 2.DueProcess
legal rights and obligations of
the
contending parties are;
and
based Respondent board as a regulatory board manifestly exceeded its
jurisdiction in taking cognizance
of
and
adjudicating
the
complaints In administrative proceedings, procedural due process has been
thereon and the facts obtaining, the adjudication of the respective
filedbyrespondentsagainstpetitioner. recognizedtoincludethefollowing:
rightsandobligationsoftheparties.
Respondent board acquired no jurisdiction over petitioner's (1) the
right
to actual or constructive notice of the institution of
The Court has laid down the test for determining whether an
contractual relations with respondents-complainants as her tenants, proceedingswhichmayaffectarespondent'slegalrights;
administrative body is exercising judicial
or
merely investigatory
functions: adjudication signifies the exercise of the power and since petitioner is not
engaged
in
a public
service
nor
in the sale
of (2) a real opportunity to be heard personally or with the
authority to
adjudicate upon the
rights and obligations of the parties. electricitywithoutpermitorfranchise. assistance of counsel, to present witnesses and evidence in
Hence, if
the only
purpose of
an investigation is
to
evaluate the one'sfavor,andtodefendone'srights;
evidence submitted to an agency based on the facts and Mariño,Jr.v.Gamilla
(3) a tribunal vested with competent jurisdiction and so
circumstances presented to it, and if the agency is not The propriety of padlocking the union’s office, the relief sought by constituted as to afford a person charged administratively a
authorized to make a final pronouncement affecting the the petitioner in the civil case, is interwoven with the issue of reasonableguaranteeofhonestyaswellasimpartiality;and
parties, then there is an absence of judicial discretion and legitimacy of
the assumption of
office by
the
respondents in
light of (4) a
finding by said tribunal which is submitted for consideration
judgment. the violation of
the union’s constitution and by-laws, which was then during the hearing or supported by substantial evidence
In
this
case, an
analysis
of
the
proceedings before the BFP yields the pending before the Med-Arbiter. Necessarily, therefore, the trial court containedintherecordsormadeknowntothepartiesaffected
conclusion that they were purely administrative in nature and has no
jurisdiction over the case insofar as the prayer for the removal
constituted a fact-finding investigation for purposes of determining ofthepadlocksandtheissuanceofaninjunctivewritisconcerned. Uttov.Comelec
whether a formal charge for an administrative offense should be filed It
is
a settled
rule that jurisdiction, once acquired, continues until the In administrative proceedings, the
essence of
due
process is
simply
againstpetitioner. case is finally terminated. The petition with the Med-Arbiter was filed an opportunity to
be
heard, or an opportunity to explain one’s side
ahead of the complaint in the civil case before the RTC. As such, when or opportunity to seek a reconsideration of the action or ruling
Administrativedueprocess
the petitioners filed their complaint a quo, jurisdiction over the complained of. At the hearing before the Comelec en banc of
1.Jurisdiction
injunction and restraining order prayed for
had already
been lodged petitioner’s motion for reconsideration, petitioner was given full
with the Med-Arbiter. The removal of
padlocks and the access to the opportunity to present his case. He did not present controverting
GlobeWirelessv.PublicServiceCommission
office premises is necessarily included in petitioners’ prayer to evidencetojustifytheexclusionofthefive(5)electionreturns.
The Public Service Act, vested in the Public Service Commission enjoin respondents from performing acts pertaining to union officers
jurisdiction, supervision and control over all public services and and on behalf of the union. In observance of the principle of Garciav.Pajaro
their
franchises,
equipment and other properties. However, Section 5 adherence of jurisdiction, it is clear that the RTC should not have
of
RA No.
4630,
the
legislative franchise under
which
petitioner was exercised jurisdiction over the provisional reliefs prayed for in the The city treasurer of Dagupan has the authority to institute
operating, limited respondent Commission's jurisdiction over complaint. A review of the complaint shows that petitioners disciplinary actions against subordinate officers or
employees. The
petitioneronlytotheratewhichpetitionermaychargethepublic. essence of due process in an administrative proceeding is the
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opportunity to explain one’s side, whether written or verbal. The Domingov.Rayala While rules of procedure do not strictly apply to administrative cases
constitutional mandate is satisfied when a petitioner complaining as
long
as
defendant's right to
due
process
is
not violated, its liberal
about an action or a ruling is granted an opportunity to seek The records of the case indicate that Rayala was afforded all these application in administrative cases does not allow admission of
reconsideration. procedural due process safeguards. Although in the beginning he hearsay evidence, i.e. affidavits not identified by affiants, as this
questioned the authority of the Committee to try him, he
appeared, would violate the constitutional right of petitioner to due process and
personallyandwithcounsel,andparticipatedintheproceedings. his
substantive right not to be adjudged guilty on the basis of hearsay
AngTibayv.CIR
evidence.
There are cardinal primary rights which must be
respected
even
in Riverav.CSC The fact that no formal hearing took
place is not sufficient ground to
proceedingsofthischaracter:
In
order that the review of the decision of a subordinate officer might say that due process was not afforded to Bungubung. It is well-settled
(1) The first
of these rights
is
the
right
to
a hearing, which includes
not turn out to be a farce, the reviewing officer must perforce be other that in administrative proceedings, including those before the
the right of the party interested or affected to present his own Ombudsman, cases may be
submitted for resolution on the basis
of
than the officer whose decision is under review; otherwise, there
caseandsubmitevidenceinsupportthereof. affidavits and pleadings. The standard of due process that must be
could be no different view or there would be no real
review of
the
(2) Not only must the party be
given
an
opportunity to
present
his case. The decision of
the reviewing officer
would be
a biased view; met in
administrative tribunals allows a certain degree of latitude as
case and to adduce evidence tending to establish the rights which inevitably, it would be the
same
view since being
human, he
would long as fairness is not ignored. It is, therefore, not legally
heassertsbutthetribunalmustconsidertheevidencepresented. notadmitthathewasmistakeninhisfirstviewofthecase. objectionable for being violative of due process for an administrative
(3) While the duty to deliberate does not impose the
obligation to agency to resolve a case based solely on position papers,
Given the circumstances in the case at bench, it should have
decide right, it does imply a necessity which cannot be affidavits or documentary evidence submitted by
the parties as
behooved Commissioner Gaminde to
inhibit
herself totally from any
disregarded, namely, that of having something to support its affidavits of witnesses may take the place of their direct
participation in
resolving
Rivera's appeal to
CSC
if
we are to give full
decision. A decision with absolutely nothing to support it is a testimonies. Undoubtedly, due process in administrative proceedings
meaning and consequence to a fundamental aspect of due process.
nullity,aplacewhendirectlyattached. is an opportunity to explain one's side or an opportunity to seek
The argument that Commissioner Gaminde did not participate in
reconsideration of the action or ruling complained of, which
(4) Not only must there be some evidence to support a finding
or MSPB'sdecisionof29August1990isunacceptable.
requirementwasaffordedBungubung.
conclusion), but the e vidence must be "substantial."
Substantial evidence is more than a mere scintilla. It Coronav.CA
Perezv.People
means such relevant evidence
as
a reasonable mind might What is
prescribed by the law and theBeja
case is that all complaints
acceptasadequatetosupportaconclusion. Due process of law as applied to judicial proceedings has been
against a PPA official or employee below the rank of Assistant
interpreted to mean “a law which hears before it condemns, which
(5) The
decision must be
rendered on the
evidence
presented
at the General Manager shall be filed before the PPA General Manager by the
proceeds on inquiry, and renders judgment only after trial.”
hearing, or at least
contained in
the record
and
disclosed
to
the proper officials, such as the PPA police or any aggrieved party.
The
Petitioner cannot complain that his right to due process has been
partiesaffected. aggrieved party should not, however, be one and the same official
violated. He was given all the chances in the world to present his
(6) Courts must act on its
or his
own
independent consideration of upon whose lap the complaint he has filed may eventually fall on
case, and the Sandiganbayan rendered its decision only after
the law and facts of the controversy, and
not
simply accept
the appeal. Nemo potest esse simul actor
judex. No man can be at once a
consideringallthepiecesofevidencepresentedbeforeit.
viewsofasubordinateinarrivingatadecision. litigant and judge. Unless, of course, in an exceptional case, such
official
inhibits himself or expresses his willingness at
the outset to There is nothing in the Constitution that says that a party in a
(7) Courts
should, in
all
controversial questions, render its decision non-litigation proceeding is entitled to be represented by counsel and
waivehisrighttoreviewthecaseonappeal.
in
such
a manner
that the parties to the proceeding can know the that, without such representation, he shall not be bound by such
various issues involved, and the reasons for the decisions proceedings. The assistance of lawyers, while desirable, is not
Marcelov.Bungubung
rendered. indispensable.
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Atienza,Jr.v.Comelec2010EnBanc These circumstances,
by
themselves,
point
to
the
prematurity
of
the determination, when it has become final, is as conclusive between
petition. the same parties litigating for the same cause as though the
Although political parties play an important role in our
democratic adjudicationhadbeenmadebyacourtofgeneraljurisdiction.
set-up as
an intermediary between the
state and its citizens, it is still
Villa-Ignaciov.Gutierrez2017EnBanc
a private organization, not a state instrument. The discipline of
Ochov.Calos
members by a political party does not involve the right to life, liberty Changing regulations in the middle of the proceedings without
or property within the meaning of
the
due
process clause. Members reason, after the violation has accrued, does not comply with The doctrine of res judicata applies to both judicial and quasi-judicial
whose rights under their charter may have been violated have fundamentalfairness,orinotherwords,dueprocessoflaw. proceedings. The doctrine actually embraces two (2)
concepts: the
recourse to
courts of
law
for
the
enforcement of those rights, but not first "b
is ar
by prior judgment" under paragraph (b) of Rule 39,
Exceptionstorequirementsofnoticeandhearing
asadueprocessissueagainstthegovernmentoranyofitsagencies. Section 47, and the second is "conclusiveness of judgment"
1) SummaryAbatementofNuisanceperse under paragraph (c) thereof.
In the present
case,
the
second
concept
Catacutanv.People2
011 2) PreventiveSuspension —conclusivenessofjudgment—applies.
Due process of law is not denied by the exclusion of irrelevant, 3) Padlockingoffilthyrestaurants,theaters,etc. A fact or
question which was in issue in a former suit and was there
immaterial, or incompetent evidence, or testimony of an incompetent judicially passed upon and determined by a court of competent
4) CancellationofPassportofaccused
witness. It is not an error to refuse evidence which although jurisdiction, is
conclusively settled by the judgment therein as far as
admissible for certain purposes, is not admissible for the purpose 5) Summarydistraintandlevy the parties to that action and persons in privity with them are
whichcounselstatesasthegroundforofferingit. 6) GrantofProvisionalAuthority concerned and cannot be
again litigated in any future action between
such parties or their privies, in the same court or any other court of
Administrativeappealandreview
concurrent jurisdiction on either the same or different cause of
Melendresv.PAGC2012
Unless otherwise provided by law or executive order, an appeal action, while the judgment remains unreversed by proper authority.
The denial of petitioner’s request for a formal investigation is from a final
decision
of
the
administrative agency may
be taken
to It has been held that in order that a judgment in one action can
be
not tantamount to a denial of her right to due process. Petitioner the
Department Head, whose decision may further be brought to the conclusive as to a particular matter in another action between the
was required to file a counter-affidavit and position paper
and
later regularcourts. same parties or their privies, it is essential that the issue be identical.
on,
was given
a chance to
file
two motions for reconsideration of the Administrativeresjudicata If
a particular point or question is
in issue in the second action, and
decision of the deputy ombudsman. The essence of due process in the judgment will depend on the determination of that particular
administrative proceedings is the opportunity to explain one’s side or SanLuisv.CA
point or question, a former judgment between the same parties or
seek a reconsideration of the action or ruling complained of. As long The rule of res judicata which forbids the reopening of a matter their privies will be final and conclusive in the second if
that same
as the parties are given the opportunity to be heard before once judicially determined by
competent authority applies as well to pointorquestionwasinissueandadjudicatedinthefirstsuit.
judgment is rendered, the demands of due process are the judicial and quasi-judicial acts of public, executive or Under the principle of conclusiveness of judgment, "the identity of
sufficientlymet. administrative officers
and
boards acting
within their jurisdiction as causesofactionisnotrequiredbutmerelyidentityofissues.”
tothejudgmentsofcourtshavinggeneraljudicialpowers.
Simply put, conclusiveness of judgment bars the relitigation of
Quisumbingv.Rosales2015 Indeed, the principle of conclusiveness of
prior adjudications is particular facts or issues in another litigation between the same
Petitioner was given ample opportunity to air her side on the not
confined in
its
operation to
the
judgments of
what are ordinarily partiesonadifferentclaimorcauseofaction.
allegations against her after being sufficiently apprised of the known as courts, but it extends to all bodies upon whom judicial
There is
no question that the issue of whether petitioner is the owner
allegations against her; she was afforded the chance to submit her powers had been conferred. Hence, whenever any board, tribunal or
of other agricultural lands had already been passed upon by the
written explanation. Unfortunately, the petitioner failed to avail of person is by law vested with authority to judicially determine a
proper quasi-judicial authority Said decision became final and
that right, and chose to directly seek the
intervention
of this
Court. question, like the Merit Systems Board of the Civil Service
executory when the
Caloses failed
to
file
an
appeal thereof after their
Commission and the Office of the President, for instance, such
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motion for reconsideration was denied. Applying the rule on investigation and consequent initial determination of whether certain legislature is required to prescribe for the guidance of the
conclusiveness of judgment, the issue of whether petitioner is the activitiesareconstitutiveofanti-moneylaunderingoffenses. administrative authority is that the rate be reasonable and
owner of other agricultural lands may no longer be
relitigated. The The enabling law itself, the AMLA, specifies the jurisdiction of the just. However,
it
has
been held that even in the absence of an express
CA thus erred
in
still
making a finding that petitioner is not qualified trial courts, RTC and Sandiganbayan, over money laundering cases, requirement as to
reasonableness, this
standard may be
implied. In
tobeafarmer-beneficiarybecauseheownsotheragriculturallands. anddelineatestheinvestigativepowersoftheAMLC. this
regard,
petitioners do
not
even claim that the selling price of the
lotsisunreasonable.
Nowhere from the text of the law nor its Implementing Rules and
Ligtasv.People2
015 In subordinate legislation, as long as the passage of the rule or
Regulations can we glean that the AMLC exercises quasi-judicial
The
CA was correct
in
ruling
that
the
doctrine of res judicata applies functions whether the actual preliminary investigation is done regulation had the benefit of a hearing, the procedural due process
only to judicial or quasi-judicial proceedings, and not to the simply at its behest or conducted by
the Department
of
Justice
and requirement is deemed complied with. That there is observance of
exercise of administrative powers. Administrative powers here theOmbudsman. more than
the minimum requirements of due process in the adoption
refer to those purely administrative in nature, as opposed to ofthequestionedIRRisnotagroundtoinvalidatethesame.
Plainly, the AMLC's investigation of money laundering offenses and
administrativeproceedingsthattakeonaquasi-judicialcharacter. its
determination of possible money laundering offenses, specifically
RCPIv.NTC
Should identity of parties, subject matter, and causes of action be its inquiry into certain bank accounts allowed by court order,
does
shown in the two cases, then res judicata in
its
aspect
as
a "bar
by not transform it into an investigative body exercising quasi-judicial The Public Service Commission found that the
application involved
prior judgment" would apply. If,
as between the two cases, only the powers. Hence, Section 11 of the AMLA, authorizing a bank inquiry in
the
present petition
is
actually an application for approval of rates
identity of parties can be shown, but not
identical causes of action, court order,
cannot be said to
violate
SPCMB's constitutional right to for digital transmission service facilities which it may approve
thenresjudicataas"c onclusivenessofjudgment"applies. proceduraldueprocess. provisionally and
without the
necessity of
any notice and hearing as
providedinSection16(c)ofthePublicServiceAct(CANo.146).
Fact-finding,investigative,licensing,andrate-fixingpowers PhilippineInterislandShippingAssociationv.CA Well-settled is the rule that the Public Service Commission now
is
SubidoPagenteCertezaMendozaandBinayLawOfficesv.CA2016 We conclude that E.O. No.
1088 is
a valid statute and that
the
PPA is empowered to approve provisionally rates of utilities without the
EnBanc duty bound to comply with its
provisions. The PPA may increase the necessityofapriorhearing.
rates but it
may not decrease them below those mandated by E.O. No.
Inquisitorial power, which is also known as examining or
1088. Finally, the PPA cannot refuse to
implement E.O. No.
1088 or D.JudicialReview
investigatory power, is one of the determinative powers of an
alter it as it did in promulgating Memorandum Circular No. 43-86. Tengv.Pahagac2
010
administrative body which better enables it to exercise its
Much less could the PPA abrogate the rates fixed
and leave the fixing
quasi-judicial authority. This power allows the
administrative body
of rates for pilotage service to the contracting parties as it did through By disallowing reconsideration of the VA's decision,
Section 7,
Rule
to
inspect
the records and
premises, and
investigate the
activities of
A.O. No. 02-88, Section 3. Theretofore the policy was one of XIX of DO 40-03 and Section 7 of the 2005 Procedural Guidelines
persons or entities coming under its jurisdiction, or to require
governmental regulation of the pilotage business. By leaving the went directly against the legislative intent behind Article 262-A of the
disclosure of information by means of accounts, records, reports,
matter to the determination of the parties, the PPA jettisoned this Labor Code. These rules deny the VA the chance to correct
himself
testimonyofwitnesses,productionofdocuments,orotherwise.
policy and changed it to laissez-faire, something which only the and compel the courts of justice to prematurely intervene with the
The power of investigation consists in gathering, organizing, and legislature,orwhoeverisvestedwithlawmakingauthority,coulddo. action of
an
administrative agency entrusted with the adjudication of
analyzing evidence, which
is
a useful aid or tool in an administrative controversies coming under its special knowledge, training and
agency's performance of its
rule-making or
quasi-judicial functions. specific field of expertise. In this era of clogged court dockets, the
HolySpiritHomeownersAssociationv.Defensor
Notably,investigationisindispensabletoprosecution. need for specialized administrative agencies with the special
The Committee's authority to
fix
the
selling
price
of
the
lots
may
be knowledge, experience and capability to hear and determine
The confusion on the scope and parameters of the AMLC's
likened to the rate-fixing power of administrative agencies. In case of promptly disputes on technical matters or intricate questions of
investigatory powers and
whether
such seeps
into and approximates
a delegation of rate-fixing power, the only standard which
the facts, subject to judicial review, is indispensable. In Industrial
a quasi-judicial agency's inquisitorial powers lies in the AMLC's
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Enterprises, Inc. v. CA, we ruled that relief must first be obtained in an As a general rule, factual findings of administrative agencies, Thus, dishonesty, like bad faith, is not simply bad judgment or
administrative proceeding before a remedy will be supplied by the such as the CSC, that are affirmed by the CA, are conclusive negligence. Dishonesty is a question of intention. The intent to falsify
courts even though the matter is within the
proper jurisdiction of
a uponandgenerallynotreviewablebythisCourt. or misrepresent is inexistent at the time petitioner applied for the
court. However, this Court has recognized several exceptions to this rule, to PBET when he
indicated "March
1991" under "Date Graduated" since
wit: he in fact attended the graduation rites on March
24,
1991. At that
LRTAv.Salvaña2014LeonenEnBanc point in time when he filled up his application for the PBET, the
1. when the findings are grounded entirely on speculation,
An administrative agency has standing to
appeal
the
CSC’s repeal or surmises,orconjectures; intent to deceive was absent. He was not asked when he actually
modification of
its original decision. In such instances, it is included completed his course; rather he was merely asked the date of his
2. when
the
inference
made
is
manifestly
mistaken,
absurd, or
in
the
concept of
a “party adversely affected” by a decision of the CSC graduation.
impossible;
grantingthestatutoryrighttoappeal.
3. whenthereisgraveabuseofdiscretion; Ombudsmanv.Capulong2
014
The present rule is that a government party is a “party
4. when the judgment is based on
a misapprehension
of
adversely affected” for purposes of appeal provided that the WON the CA has
jurisdiction
over
the
subject
matter and
can
grant
government party
that has
a right
to
appeal
must be the office facts; reliefs, whether primary or incidental, after the Ombudsman has
oragencyprosecutingthecase. 5. whenthefindingsoffactsareconflicting; liftedthesubjectorderofpreventivesuspension.
Dacoycoy, Philippine National Bank, and the URACCS failed to 6. when in
making its findings,
the
CA
went
beyond the issues As a rule, it is the consistent and general policy of
the Court
not to
contemplate a situation where the CSC modified the penalty from of
the
case, or its findings are contrary to the admissions of interfere with the Ombudsman’s exercise of its investigatory and
dismissal to suspension. The erring civil servant was not boththeappellantandtheappellee; prosecutory powers. The
rule
is
based not
only
upon respect
for the
exonerated, and the finding of guilt still stood. In these situations, the 7. whenthefindingsarecontrarytothetrialcourt; investigatory and prosecutory powers granted by the
Constitution to
disciplinary authority should be
allowed to
appeal the
modification theOmbudsmanbutuponpracticalityaswell.
8. when the findings are conclusions without citation of
ofthedecision. While it is an established rule in administrative law that the courts of
specificevidenceonwhichtheyarebased;
During the
pendency of
this
decision,
or on
November 18,
2011, the justice should respect the findings of fact of said administrative
9. when the facts set forth in the petition as well as in the
Revised Rules
on
Administrative Cases in
the
Civil
Service
or RACCS agencies, the
courts may not
be
bound by
such findings of fact when
was promulgated. The CSC modified the definition of a “party petitioner's main and reply briefs are not disputed by the there
is absolutely no evidence in support thereof or such evidence is
adverselyaffected”forpurposesofappeal. respondent; clearly, manifestly and patently insubstantial; and when there is a
PARTY ADVERSELY AFFECTED refers to the respondent against 10. when the findings of fact are premised on the supposed clear
showing that the administrative agency acted arbitrarily or with
whom a decision in an administrative case
has been
rendered
or
to absence of evidence and contradicted by the evidence on grave abuse of discretion or in a capricious and whimsical manner,
the
disciplining authority in
an
appeal
from
a decision reversing or record;and such
that its
action may amount to an
excess or
lack
of
jurisdiction.
modifyingtheoriginaldecision. 11. when the CA manifestly overlooked certain relevant These exceptions exist in
this
case and compel the appellate court to
facts not disputed by the parties, which, if properly reviewthefindingsoffactoftheOmbudsman.
Procedural laws have retroactive application. Considering that the
considered,wouldjustifyadifferentconclusion. In the instant case, the subsequent lifting of the preventive
right to appeal is a right remedial in nature,
we
find that
Section
4,
paragraph (k), Rule I of the RACCS applies in this case. Petitioner, Exceptions(4)and(11)findapplicationhere. suspension order against Capulong does not render the petition moot
therefore, had the right to appeal the decision of the CSC that modified and academic. It
does not preclude
the
courts from passing upon the
Petitioner is charged with dishonesty thru falsification of his PDS.
itsoriginaldecisionofdismissal. validity of
a preventive suspension order. Such order is interlocutory
Dishonesty is defined as "intentionally making a false
statement in in character and not a final order on the merits of the case. The
any material fact, or practicing or attempting to practice any aggrieved party may then seek redress from the courts through a
Woodenv.CSC deception or fraud in securing his examination, registration, petitionforcertiorari.
appointmentorpromotion."
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Undoubtedly, in this case, the CA aptly ruled that the Ombudsman conclusion that F.F. Cruz was guilty of contributory negligence an administrative proceeding before resort to the courts is had even if
abused its discretion because it failed to sufficiently establish any becausesuchfindingsaresupportedbysubstantialevidence. the matter may well be within their proper jurisdiction. It applies
basis to issue the order of preventive suspension. Capulong’s With regard to the exoneration of AMC, however, the CA correctly where a claim is
originally cognizable in
the
courts
and comes into
non-disclosure of his wife’s business interest does not constitute disregarded certain portions of the BMI report because they were play whenever enforcement of the claim requires the resolution of
serious dishonesty or grave misconduct. Nothing in the records based entirely on conjecture instead of being grounded on substantial issues which, under a regulatory scheme, have been placed within
reveals that Capulong deliberately placed “N/A” in
his
SALN
despite evidence. the special competence of an administrative agency. In
such a case,
knowledge about his wife’s business interest. As explained by the court in which
the
claim is
sought to
be
enforced may suspend
Capulong, the SEC already revoked the registration of the Doctrineofprimaryadministrationjurisdiction the judicial process pending referral of such issues to the
corporations where his wife was an incorporator; hence, he deemed it administrative body for its view or, if the parties would not be
SpsAbejov.DelaCruz
notnecessarytoindicateitinhisSALN. unfairlydisadvantaged,dismissthecasewithoutprejudice.
In this era of clogged court dockets, the need for specialized This case is one over which the doctrine of primary jurisdiction
administrative boards or commissions with the special knowledge, clearly held sway for although petitioner's collection suit for
F.F.Cruz&Cov.PhilippineIronConstructionandMarineWorks
experience and capability to hear and determine promptly disputes P487,662.80 was within the jurisdiction of the RTC, the
2017
on technical matters or
essentially factual matters, subject to judicial circumstances surrounding petitioner's claim brought it clearly
A conflict between the factual findings of the CA and the trial
court review in case of grave abuse of discretion, has become withintheambitoftheCOA'sjurisdiction.
only provides prima facie basis for a recourse to the Supreme Court. indispensable.
First, petitioner was
seeking the
enforcement of a claim for a certain
But before we
even give due course to a petition under Rule 45 which The dispute between the contending parties for control of the
raises factual issues—much less undertake a complete reexamination amount of money against an LGU. This brought the
case
within the
corporation manifestly falls within the primary and exclusive COA's domain to
pass
upon
money claims against the government or
of the records—it is incumbent upon the
petitioner to
clearly show jurisdiction of the SEC in whom the law has reserved such
that manifestly correct findings have been unwarrantedly rejected or any
subdivision thereof under Section 26 of the Government Auditing
jurisdiction as an administrative agency of special competence to CodeofthePhilippines.
reversedbytheCA. dealpromptlyandexpeditiouslytherewith.
Both
F.F.
Cruz
and
AMC
failed
to
show
that
their
respective petitions Second, petitioner's money claim was founded on a series of
meetthisstandard. purchases for
the medical supplies of
respondent's public hospitals.
ProvofZamboangadelNortev.CA
Petitioner's claim therefore involved compliance with applicable
The rule
is
that
the
Board of
Marine Inquiry’s findings are binding
The doctrine of primary jurisdiction does not warrant a court to auditing laws and rules on
procurement. Such matters are not within
and conclusive on the courts when it is supported by substantial arrogate unto itself the authority to resolve a controversy over the the
usual area of
knowledge, experience and expertise of most judges
evidence. This is consistent with the elementary principle in jurisdiction over which is initially lodged with an administrative but
within the
special competence of
COA auditors
and accountants.
administrative law that findings of fact by administrative tribunals bodyofspecialcompetence. Thus, it was proper, out of fidelity to the doctrine of primary
areconclusivewhensupportedbysubstantialevidence. jurisdiction,fortheRTCtodismisspetitioner'scomplaint.
In
finding that
F.F.
Cruz
was
guilty
of
contributory negligence, the CA Euro-MedLaboratoriesv.ProvofBatangas
relied on the factual findings set forth in the BMI report. The HeirsofVidadv.LBP2
010
pertinent portions of the report detailed how F.F. Cruz failed to The
resolution of
this
case
turns on
whether it is the COA or the RTC
observe the proper standard of diligence in view of the imminent which has primary jurisdiction to pass upon petitioner's money Clearly, under Section 50 of RA 6657, DAR has primary jurisdiction to
arrivaloftyphoonWelpring. claim against the Province of Batangas. We rule that it is the COA determine and adjudicate agrarian reform matters and exclusive
whichdoes.Therefore,wedenythepetition. original jurisdiction over all matters involving the implementation of
In finding that
F.F.
Cruz
was negligent, the
BMI
clearly identified the
The doctrine
of
primary
jurisdiction
holds that
if
a case
is
such
that agrarian reform, except those falling
under
the
exclusive jurisdiction
evidentiary basis
in support of its conclusion. The CA cannot thus be of
the
DA and
the DENR. Further exception
to
the DAR's original and
faulted for relying on the BMI's factual findings to support its
own its determination requires the expertise, specialized training and
knowledge of
an
administrative
body,
relief
must first be obtained in exclusive jurisdiction are all petitions for the determination of just
compensation to landowners and the prosecution of all criminal
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offenses under RA No.
6657,
which are
within
the jurisdiction of the considering that proof of their Philippine citizenship had been Under the doctrine of exhaustion of administrative remedies,
RTC sitting as a Special Agrarian Court. Thus, jurisdiction on just adduced,
such as,
the
identification numbers issued by the Bureau of recourse through court action, cannot prosper until after all such
compensation cases for the taking of lands under RA No. 6657 is ImmigrationconfirmingtheirPhilippinecitizenship. administrative remedies would have first been exhausted. The
vestedinthecourts. In BOC v. Dela Rosa, it is required that before judicial intervention is doctrine does not
warrant a court to arrogate unto itself the authority
In Land Bank of the Philippines v. Wycoco, the Court
upheld
the sought, the claim of citizenship of a respondent in a deportation to resolve, or interfere in, a controversy the jurisdiction over which is
RTC's jurisdiction over Wycoco's petition for determination of just proceeding must
be
so
substantial that
there
are
reasonable grounds lodged initially with
an
administrative body,
like
the
PCA Board
and
compensation even where no summary administrative proceedings tobelievethatsuchclaimiscorrect. its Investigation Committee, of special competence. The rule is an
was held
before
the DARAB which
has primary
jurisdiction over
the element of petitioner's right of action, and it is too significant a
determinationoflandvaluation. mandatetobejustwaylaidbythecourts.
SamarIIElectricCoopv.Seludo,Jr.2
012
In accordance with settled
principles of
administrative law,
primary
The Court finds it erroneous on the part of the CA to rule that the Reginov.PangasinanCollegesofScienceandTechnology
jurisdiction is vested in the DAR to determine in a preliminary doctrine of
primary jurisdiction does not apply in the present case. It
manner the
just
compensation for the lands taken under the agrarian is
true that the
RTC has jurisdiction over the
petition for prohibition First, the doctrine of exhaustion of administrative remedies has no
reform program, but such determination is subject to challenge filed by respondent. However, the basic issue in the
present case is bearing on the present case. Petitioner is not asking for the reversal of
before the courts. The
resolution of
just compensation cases for
the not whether the
RTC has jurisdiction over the petition for prohibition the
policies of
PCST. Neither
is she demanding it to allow her to take
taking of lands under agrarian reform is, after all, essentially a filed by respondent; rather, the issue is who between the RTC and the her final examinations; she was already enrolled in another
judicialfunction. NEA has primary jurisdiction over the question of
the
validity of the educationalinstitution.
BoardResolutionissuedbySAMELCOII. Second, exhaustion of administrative remedies is applicable when
GawGuyv.Ignacio2
010 there is competence on the part of the administrative body to act
Pursuant to
its
power of
supervision and control, the NEA is granted
Basically, petitioners argue that the
doctrine
of
primary jurisdiction, the authority to conduct investigations and other similar
actions as upon the matter complained of. Administrative agencies are not
relied upon by the CA in
its decision, does
not apply
in
the
present well as to issue orders, rules and regulations with respect to all courts; they are neither part of the judicial system, nor are they
case
because it
falls under an exception. The Court finds the petition matters affecting electric
cooperatives. Certainly, the matter as to the deemed judicial tribunals. Specifically, the CHED does not have the
meritorious. validity of the resolution issued by the Board of Directors of powertoawarddamages.
Petitioners rely on Board of Commissioners (CID) v. Dela Rosa, SAMELCO II is a matter which affects the said electric cooperative Third, the exhaustion doctrine admits of exceptions, one of which
wherein this Court ruled that when the claim of citizenship is so and, thus, comes within the ambit of the powers of the NEA as arises when the
issue is
purely
legal
and well within the jurisdiction
substantial as to reasonably believe it to be true, a respondent in
a expressedinSections5and7ofP.D.No.1645. of
the
trial
court. Petitioner’s action
for
damages inevitably calls
for
deportation proceeding can seek judicial relief to
enjoin respondent In this regard, the Court agrees with petitioners' argument that to the application and the interpretation of the Civil Code, a function that
BOCfromproceedingwiththedeportationcase. sustain the
petition for
prohibition filed
by
respondent with the RTC fallswithinthejurisdictionofthecourts.
The doctrine of primary jurisdiction of petitioners Board of would constitute an unnecessary intrusion into the NEA's
power of
supervisionandcontroloverelectriccooperatives. BatelecIIElectricCoopv.EnergyIndustryAdministrationBureau
Commissioners over deportation proceedings is, therefore, not
without exception. Judicial intervention, however, should be granted While the
RTC
has jurisdiction over the
petition for prohibition filed In the present case, there is nothing in the records to show that
in cases where the claim of citizenship is so substantial that by respondent, the NEA, in the exercise of
its
power of
supervision petitioner availed of administrative relief
before filing a petition
for
there are reasonable grounds to believe that the claim is and control, has primary jurisdiction to determine the issue of the certiorari with the Court of Appeals. It did not appeal the Bureau’s
correct. In other words, the remedy should be allowed only on validityofthesubjectresolution. resolution to the Secretary of Energy, which under Section 8 in
sounddiscretionofacompetentcourtinaproperproceeding. relation to Section 12 of Rep. Act No. 7638 has the power over
the
Doctrineofexhaustionofadministrativeremedies bureaus under the Department. It has not, as well, suggested any
The present case, as correctly pointed out by petitioners and
wrongfully found by the CA, falls within the above-cited exception Garciav.CA plausible reason for direct recourse to the Court of
Appeals against
BasedontheBooksofC
ruz,B
ernas,Largo,Gujilde,Sarmiento ByRGL 144of210
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the Resolution in question. Neither has petitioner shown that the Non-compliance with
this
statutory requirement, under Section 58 of 13) whenthec laiminvolvediss mall;
instant case falls among the recognized exceptions to the rule on R.A.
No. 9184,
constitutes a ground for the dismissal of the action for
Paatv.CA
exhaustionofadministrativeremedies. lackofjurisdiction.
Moreover, in light of the doctrine of exhaustion of administrative Accordingly, the party with an administrative remedy must not It
was
easy to perceive then that the private respondents looked up to
remedies, a motion for
reconsideration must
first be
filed
before the merely initiate the prescribed administrative procedure to obtain the Secretary for the review and disposition of their case. By
special civil action
for
certiorari may
be
availed of. As found by
the relief,
but
also
pursue it
to
its appropriate conclusion before seeking appealing to him, they acknowledged the existence of an adequate
appellate court, petitioner has, likewise, failed to establish that it had judicial intervention in order to give the administrative agency an and plain remedy still available and open to them in the ordinary
filed a motion for reconsideration before its direct recourse to opportunity to decide the matter by itself correctly and prevent course of the law. Thus, they cannot now, without violating the
judicial review nor has it amply argued why it should be excused unnecessaryandprematureresorttothecourt. principle of exhaustion of administrative remedies, seek court’s
fromtheobservanceofsuchrequirement. intervention by filing an action for replevin for the grant of their relief
duringthependencyofanadministrativeproceedings.
The pivotal issue in this case of whether petitioner, not the NPC, Exceptionstothedoctrineofexhaustionofadministrative
should supply the power needs of PSC requires a probe into the remedies
Moreover, it is important to point out that the enforcement of forestry
technical and financial capability of petitioner to meet the laws, rules and regulations and the protection, development and
There
are
a number
of
instances
when
the
doctrine
has
been
held to be
requirements of bulk power supply of PSC - a question of fact,
the management of forest lands fall within the primary and special
inapplicable. Amongtheestablishedexceptionsa re:
determination of which is within the expertise of the Bureau. The responsibilities of the DENR. By the very nature of
its
function, the
contention of petitioner that
the
issue is
on
pure question of law is, 1) whenthereisaviolationofdueprocess, DENR should be given a free hand unperturbed by judicial intrusion
therefore,hollow. 2) whentheissueinvolvedisp
urelya legalq
uestion, to
determine a controversy which is
well within its jurisdiction. The
assumption by the trial
court, therefore, of the
replevin suit filed by
3) when the administrative action is
patently
illegal
amounting
private respondents constitutes an unjustified encroachment into the
Dimson(Manila)v.LWUA2010 tolackorexcessofjurisdiction, domain of the administrative agency’s prerogative. The doctrine of
Moreover, it appears that compliance with the mandatory protest 4) when there is estoppel on the part of the administrative agency primary jurisdiction does not warrant a court to
arrogate unto itself
mechanisms of the law is jurisdictional in character. Section 58
of concerned, the authority to resolve a controversy the jurisdiction over which is
R.A. No. 9184 requires that there be exhaustion of the statutorily initiallylodgedwithanadministrativebodyofspecialcompetence.
5) whenthereisirreparableinjury,
available remedies at the administrative level as a precondition to the
filing of a certiorari petition. This requirement points to the 6) when the
respondent is a department secretary whose acts
ITFoundationofthePhilippinesv.Comelec
mechanisms for
protest
against
decisions of
the
BAC in
all
stages
of as
an
alter ego
of
the
President bears
the implied and assumed
the procurement process that are outlined in
both
the provisions of approvalofthelatter, Here,
Comelec
itself
made the
exhaustion of administrative remedies
Section55aswellinSection55oftheimplementingrules. 7) when to require exhaustion
of
administrative
remedies
would legallyimpossibleor,attheveryleast,“unreasonable.”
The availment of
the judicial remedy of certiorari must be made only beunreasonable, In any event, the peculiar circumstances surrounding the
after the filing
of
a motion for reconsideration of
the
BAC's decision 8) whenitwoulda
mounttoanullificationofaclaim, unconventional rendition of the BAC Report and the precipitate
before the said body. Subsequently, from the final denial of the awarding of
the Contract by
the
Comelec en banc — plus the fact that
9) when the subject matter is a private land in land case
motion for reconsideration, the aggrieved party must then lodge a it
was racing to
have
its
Contract with
MPC implemented in
time for
proceedings, the elections in May 2004 (barely four months away) — have
protest before the head of the procuring entity through a verified
position paper that formally complies with requirements in Section 10) when the rule does not provide a plain, speedy and combined to bring about the urgent need for judicial intervention,
55.2 of the IRR-A. Only upon the
final resolution of
the
protest can adequateremedy, thus prompting this Court to dispense with the procedural exhaustion
the aggrieved party be said to
have exhausted the available remedies 11) when there are circumstances indicating the urgency of ofadministrativeremediesinthiscase.
at the administrative level. In other words, only then can he viably judicialintervention.
avail of the remedy of certiorari before the proper courts.
12) inquowarrantop
roceedings;
BasedontheBooksofC
ruz,B
ernas,Largo,Gujilde,Sarmiento ByRGL 145of210
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Doctrineoffinalityofadministrativeaction E.BoardofElectionInspectorsandBoardofCanvassers (c) Insaneorincompetentpersons.
GR: ecision of administrative agencies must be final before
D Composition Registrationanddeactivationofvoters
JudicialReview; Powers 1. Registration shall
be
daily
except
during the period starting
EXC: 120 days before a regular election and 90 days
before
a
F.Remedies
1) Interlocutoryorders; specialelection.
Petitiontodenyduecoursetoorcancelcertificateofcandidacy
2) Toprotectrights; 2. Groundsford
eactivation:
Petitionfordisqualification
3) ThereisaviolationoftheConstitution; (a) Anyofthegroundsfordisqualification
Failureofelection;callforspecialelection
4) Thereisexcessiveuseofpower. (b) Did not vote in the two (2) successive preceding
Pre-proclamationcontroversy regular elections as shown by their voting records. For
this purpose, regular elections do not include the
Electionprotest
XII.ELECTIONLAW SangguniangKabataan(SK)elections;
Quowarranto
A.Suffrage (c) Registration has been ordered excluded by the
Court;
and
Qualificationanddisqualificationofvoters
A.Suffrage (d) LosthisFilipinocitizenship.
Registrationanddeactivationofvoters
Sec1ArtV.Suffragemaybeexercisedby (e) Fails to
submit for
validation on or before the last day
Inclusionandexclusionproceedings of
filing of
application for
registration for purposes of
1) allcitizensofthePhilippines,
Localandoverseasabsenteevoting theMay2016elections.
2) nototherwisedisqualifiedbylaw,
Detaineevoting KabataanParty-Listv.Comelec2015EnBanc
3) whoareatleasteighteenyearsofage,and
B.Politicalparties 1. The
right to
vote is
not
a natural
right
but
is
a right created by
4) who shall have resided in
the
Philippines
for
at
least
one
JurisdictionoftheComelecoverpoliticalparties year and in the
place
wherein they
propose to
vote,
for
at law. Suffrage is a privilege granted by the State to such
leastsixmonthsimmediatelyprecedingtheelection. persons or classes as are most likely to exercise it
for
the
Registrationofpoliticalparties
publicgood.
No literacy, property, or
other
substantive
requirement
shall
C.Candidacy
beimposedontheexerciseofsuffrage. 2. One must meet the following qualifications in
order to
exercise
Qualificationsanddisqualificationsofcandidates the
right
of
suffrage: first, he
must be
a Filipino citizen; second,
Qualificationanddisqualificationofvoters
Filingofcertificatesofcandidacy he must not be disqualified by law; and third, he must have
1. Thefollowingared
isqualifiedfromvoting: resided in the Philippines for at least one (1) year and in the
D.Campaign place wherein he proposes to vote for at least six (6) months
(a) Sentenced by final judgment to suffer imprisonment
Prematurecampaigning fornotlessthanoneyear; immediatelyprecedingtheelection.
Prohibitedcontributions (b) Adjudged by final judgment by competent court or 3. The second item more prominently reflects the franchised
tribunal of having committed any crime involving nature of the right of suffrage. The State
may
therefore regulate
Lawfulandprohibitedelectionpropaganda
disloyalty to
the
duly
constituted government such as said right by imposing statutory disqualifications, with the
Limitationsonexpenses rebellion, sedition, violation of the anti-subversion restriction, however, that the
same do not
amount to,
as
per
the
Statementofcontributionsandexpenses and firearms laws, or any crime against national second sentence of the provision, a "literacy, property or
other
security; substantive requirement." Based on its genesis, it may be gleaned
BasedontheBooksofC
ruz,B
ernas,Largo,Gujilde,Sarmiento ByRGL 146of210
PoliticalandPublicInternationalLaw REVIEWER Forthe2020/21#BestBarEver
6. The
challenge to
the
right to register is administrative and filed allegiance to a foreign country, except those who
that
the
limitation is geared towards the elimination of irrelevant
with the ERB, whereas petitions for inclusion or exclusion have reacquired or retained their Philippine
standards that are purely based on socio-economic
pertains to the right to vote, is judicial in nature and lodged citizenship under Republic Act No. 9225, otherwise
considerations that have no bearing on the right of
a citizen
to
withtheMTC. known as
the 'Citizenship Retention and Reacquisition
intelligentlycasthisvoteandtofurtherthepublicgood.
Actof2003′;
4. Registration regulates the exercise of
the
right
of
suffrage. 7. A decision in an exclusion proceeding would neither be
(c) Those who have committed and are convicted in a
It
is
not a qualification for such right. As a form of regulation, conclusive on the voter's political status, nor bar
subsequent
proceedings on
his
right
to be registered as a voter in any other final
judgment by a Philippine court or tribunal of an
compliance with the registration procedure is dutifully enjoined.
election.ItisnotresjudicataastotheComelec. offense punishable by imprisonment of not less
than
Thus, although one is deemed to be a "qualified elector," he must
one(1)year;and
nonetheless still
comply with the registration procedure in order 8. The jurisdiction of the lower court over exclusion cases is
tovote. (d) Any citizen of the Philippines abroad previously
limited only to determining the right of
the voter
to remain in
the list of voters or to
declare that the challenged voter is
not declaredinsaneorincompetent.
5. The process of registration is a procedural limitation on the
righttovote. qualified to vote in the precinct in which he is registered, LocalAbsenteeVoters
specifyingthegroundofthevoter'sdisqualification.
6. Thus, the biometrics validation requirement is not a 1. Members of
the AFP and PNP and other government officers
"qualification" to
the
exercise of the right
of suffrage, but a mere 9. The factual findings of the trial court and its resultant and employees who are duly registered voters and who, on
aspect of the registration procedure, of which the State has the conclusions in the inclusion/exclusion proceedings on matters election day, may temporarily be assigned in
connection with
righttoreasonablyregulate. other than the right to
vote in the precinct within its territorial the
performance of
election duties to place where they
are not
jurisdiction are not conclusive on and do not rise to the level of registeredvoters.
Inclusionandexclusionproceedings a res judicata ruling with respect to
the COMELEC. The reason
2. Members of the board of election inspectors and their
1. The MTC shall have original and exclusive jurisdiction over all is t
hat i
nclusion/exclusion p
roceedings, w
hile j
udicial in
substitutes may vote in the polling place where they are
casesofinclusionandexclusionofvoters. character, are summary proceedings. We further added that a
assigned on election day: Provided, That they are registered
decision in an inclusion/exclusion proceeding does not operate
2. Decisions of the MTC may be appealed to the
RTC within five voterswithintheprovince,cityormunicipality.
as a bar to any future action in any other election that a party
(5) days from receipt of notice thereof. Otherwise, said may take concerning his right to be registered as a voter. 3. Members of media, media practitioners, including the
decisionshallbecomefinalandexecutory. (Dominov.Comelec) technical and support staff
who are duly registered voters and
3. The RTC shall decide the appeal within ten (10)
days from the who, on election day, may not be able to vote due to the
Localandoverseasabsenteevoting
time it
is
received and the
decision shall immediately become performance of
their functions in covering and reporting on the
final and executory. No motion for reconsideration shall be OverseasAbsenteeVoters elections.
entertained. 1. All citizens of the Philippines abroad, who are not otherwise AdditionalNotes
4. Petition for Inclusion may be filed at any time except one disqualified by law, at least eighteen (18) years
of
age
on
the 1. AbsenteevotersmayonlyvoteforNationalPositions.
hundred five (105) days prior to a regular election or day of elections, may vote for President, Vice-President,
2. An Illiterate or PWD may vote through an assistor who
may
seventy-five (75) days prior to a special election. It shall be Senators and Party-List Representatives, as well as in all
nationalreferendaandplebiscites. eitherbe
decidedwithinfifteen(15)daysafteritsfiling.
2. Disqualifications: (a) Arelativewithinthe4thcivildegree;
5. Petition for Exclusion may be filed at any time except one
hundred (100) days prior to a regular election or sixty-five (65) (a) Those who have lost their Filipino citizenship in (b) Aconfidantwhobelongstothesamehousehold;OR
days before a special election. It shall be
decided
within ten accordancewithPhilippinelaws; (c) ABEImember.
(10)daysfromitsfiling.
(b) Those who have expressly renounced their 3. An
assistor,
except
for
a BEI
member, may
only
assist
up
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