Magis Notes Pre-Week Day 1

s
PAGE 1 OF 186
ATENEO CENTRAL
BAR OPERATIONS 2022 LABOR
PHILIPPINE COPYRIGHT
by
THE ATENEO LAW SCHOOL
&
THE ATENEO CENTRAL BAR OPERATIONS 2022
All Rights Reserved

By the Authors
This material is an intellectual creation of the Ateneo Central Bar Operations

2022-2023 and is officially published and distributed by the Ateneo Law School.
Any unauthorized reprint or use of this material is prohibited. No part of this work
may be reproduced or transmitted in any form or by any means, electronic or
mechanical, including but not limited to photocopying, recording, or by any
information storage or retrieval system without the express written consent of both
the Ateneo Law School and the Ateneo Central Bar Operations 2022-2023.
Furthermore, this material is confidential and shall be kept within those who
received a copy directly from the Ateneo Law School and the Ateneo Central Bar
Operations 2022-2023. By downloading, acquiring possession, and/or using this
material, whether, by electronic or other means, the recipients agree to protect the
confidentiality of the material, refraining from any action which may lead to
possession, duplication, or use by third par ties.
BACK TO TOC PAGE 2 OF 186

ATENEO CENTRAL DAY 1
BAR OPERATIONS 2022 POLITICAL AND LABOR LAW
bb

ATENEO CENTRAL
ADMINISTRATIVE COMMITTEE
CREATIVES FINANCE
NICOLE ANN C. PAGLICAWAN SERMAE ANGELA G. PASCUAL
JULIANNE BEATRICE N. ROSARIO ERIKA THERESE C. BOLLOZOS
KIM PATRIZ B. CAMPANILLA RUTH MARIE DISTOR MORALES
CHRISTINE C. TIAMZON ALLYSSA DANIELLE Y. NG
MERIELLE PHOEBE TANSIONGKUN
TECHNICAL
JOSEPH BILL P. QUINTOS
MARKETING
MORGAN ACOL KATHLEEN C. ROMINA
RACHEL LEIGH E. COLLADO AARON C. CHENG
CHYLER BON AEHROLD S. GARMA NORLENE JAE M. ANDAYA
SAMANTHA J. MAGAOAY PRISHA D. CRUZ
ALBERT JOHN REYES RIANNA CO
AALIYAH YBANEZ ISABELLE BEATRIZ DLS. GINEZ
SPECIAL PROJECTS PUBLIC RELATIONS

AINA RAE L. CORTEZ LUMINA ALINEA O. AQUINO
ANNA MARIE GRACE M. ANTONIO LUIS ENRICO BATARA
JAZZMIN A. BENJAMIN MIKAELA FRANCESCA K. BELEY
MARY STEPHANIE C. CRUZ REYNALDO M. REVECHE
AIHRA NICOLE V. DIESTRO GRACIELLA RACHEL D. ROBLES
YUUMEI MARIE B. ESMA
IMI LIZA B. ESPINA
IRISH MAE D. GARCIA INTERNALS
RAYMIELLE CHRISTIE R. MAGCALAS
JEWEL M. CULALA
JAYE MARIE C. MARTINEZ
SHEILA MARIE GRACE DELOS ANGELES
NORBERTO O. SARIGUMBA III
DANELLA DIANE D. DIMAPILIS
JOHN CHRISTOPHER O. TAN
MARC ANGELO M. GUIBONE
ANGELIQUE P. LEDA
LOGISTICS ALEXIS CAESAR E. SANCHEZ
CHRISTINE C. TIAMZON
CHRISTIAN GIO R. SENARLO
CELINA D. ABUEG
PATRICIA ALYX D. ANG
MAEDEN M. BORCELANGO
BERNETTE ANELA S. CUEVAS
ZACKARY N. DUQUILLA
CLARISSE EVANGELINE G. CHOA
DONN DARRICK L. LIN
ANTHONY JEFFERSON JULIO

TABLE OF CONTENTS: POLITICAL LAW
I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION ........................................................................ 11
A. DECLARATION OF PRINCIPLES AND STATE POLICIES .................................................................11

B. NATIONAL TERRITORY ............................................................................................................ 12
C. SEPARATION OF POWERS ....................................................................................................... 12
D. CHECKS AND BALANCES .......................................................................................................... 13
E. STATE IMMUNITY ................................................................................................................... 13
F. DELEGATION OF POWERS ....................................................................................................... 13
G. FUNDAMENTAL POWERS OF THE STATE .................................................................................. 13
II. GENERAL PRINCIPLES OF TAXATION.............................................................................................. 13
A. DEFINITION, CHARACTERISTICS AND PURPOSE OF TAXATION .................................................. 14

B. POWER OF TAXATION AS DISTINGUISHED FROM POLICE POWER AND EMINENT DOMAIN ....... 14
C. SCOPE AND LIMITATIONS OF TAXATION .................................................................................. 15
D. REQUISITES OF A VALID TAX ...................................................................................................17
E. TAX AS DISTINGUISHED FROM OTHER FORMS OF EXACTIONS.................................................. 17
F. KINDS OF TAXES ..................................................................................................................... 19
G. DOCTRINES IN TAXATION........................................................................................................ 19
III. LEGISLATIVE DEPARTMENT .......................................................................................................... 24
A. LEGISLATIVE POWER ............................................................................................................... 24

B. HOUSES OF CONGRESS; COMPOSITIONS AND QUALIFICATIONS ............................................... 24
C. LEGISLATIVE PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS............................................ 26
D. QUORUM AND VOTING MAJORITIES ....................................................................................... 27
E. DISCIPLINE OF MEMBERS ........................................................................................................ 28
F. PROCESS OF LAW-MAKING .....................................................................................................28
G. APPROPRIATION AND RE-ALIGNMENT .................................................................................... 29
H. LEGISLATIVE INQUIRIES AND OVERSIGHT FUNCTIONS.............................................................. 29
I. POWER OF IMPEACHMENT (PHIL. CONST., ART. XI.) ................................................................ 30
J. ELECTORAL TRIBUNALS AND THE COMMISSION ON APPOINTMENTS ....................................... 30
K. INITIATIVE AND REFERENDUM ................................................................................................ 31
IV. EXECUTIVE DEPARTMENT ........................................................................................................... 32
A. QUALIFICATIONS, ELECTION, AND TERM OF PRESIDENT AND VICE-PRESIDENT ......................... 32

B. PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS ............................................................... 32
C. POWERS OF THE PRESIDENT ...................................................................................................33
D. POWER OF CONTROL AND SUPERVISION................................................................................. 35
E. EMERGENCY POWERS ............................................................................................................. 35
F. MILITARY POWERS ................................................................................................................. 36
G. EXECUTIVE CLEMENCY ............................................................................................................ 37
H. DIPLOMATIC POWER .............................................................................................................. 38

ATENEO CENTRAL
I. POWERS RELATIVE TO APPROPRIATION MEASURES ................................................................ 38

J. RULES OF SUCCESSION............................................................................................................ 39
V. JUDICIAL DEPARTMENT ................................................................................................................ 40
A. JUDICIAL POWER .................................................................................................................... 40

B. JUDICIAL REVIEW.................................................................................................................... 40
C. JUDICIAL INDEPENDENCE AND FISCAL AUTONOMY .................................................................43
D. APPOINTMENTS TO THE JUDICIARY......................................................................................... 43
E. THE SUPREME COURT (COMPOSITION, POWERS, AND FUNCTIONS) ......................................... 44
VI. CONSTITUTIONAL COMMISSIONS ................................................................................................ 45
A. COMMON PROVISIONS........................................................................................................... 45
B. POWERS, FUNCTIONS, AND JURISDICTION .............................................................................. 45
C. COMPOSITION AND QUALIFICATIONS OF MEMBERS................................................................ 51
D. PROHIBITED OFFICES AND INTERESTS...................................................................................... 51
E. JUDICIAL REVIEW OF FINAL ORDERS, RESOLUTIONS, AND DECISIONS OF CONSTITUTIONAL
COMMISSIONS .................................................................................................................................51
VII. BILL OF RIGHTS .......................................................................................................................... 52
A. DUE PROCESS ......................................................................................................................... 52

B. EQUAL PROTECTION ............................................................................................................... 55
C. ARRESTS, SEARCHES AND SEIZURES......................................................................................... 55
D. PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE ....................................................... 58
E. FREEDOM OF SPEECH AND EXPRESSION .................................................................................. 58
F. FREEDOM OF RELIGION .......................................................................................................... 61
G. LIBERTY OF ABODE AND RIGHT TO TRAVEL .............................................................................. 62
H. RIGHT TO INFORMATION ........................................................................................................ 62
I. EMINENT DOMAIN ................................................................................................................. 63
J. RIGHT TO ASSOCIATION .......................................................................................................... 64
K. NON-IMPAIRMENT OF CONTRACTS ......................................................................................... 64
L. FREE ACCESS TO COURTS AND ADEQUATE LEGAL ASSISTANCE ................................................. 64
M. RIGHTS UNDER CUSTODIAL INVESTIGATION ............................................................................ 64
N. RIGHTS OF THE ACCUSED ........................................................................................................ 65
O. RIGHT TO SPEEDY TRIAL AND SPEEDY DISPOSITION OF CASES .................................................. 66
P. RIGHT AGAINST SELF INCRIMINATION ..................................................................................... 66
Q. RIGHT AGAINST DOUBLE JEOPARDY ........................................................................................ 66
R. RIGHT AGAINST INVOLUNTARY SERVITUDE ............................................................................. 67
S. RIGHT AGAINST EXCESSIVE FINES, AND CRUEL AND INHUMAN PUNISHMENTS ........................ 67
T. NON-IMPRISONMENT FOR DEBTS ........................................................................................... 68
U. EX POST FACTO LAWS AND BILLS OF ATTAINDER .....................................................................68
V. WRITS OF HABEAS CORPUS, KALIKASAN, HABEAS DATA, AND AMPARO ..................................68

VIII. CITIZENSHIP .............................................................................................................................. 70
A. WHO ARE FILIPINO CITIZENS ...................................................................................................70

B. MODES OF ACQUIRING CITIZENSHIP ....................................................................................... 70
C. LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP .......................................................... 70
D. DUAL CITIZENSHIP AND DUAL ALLEGIANCE ............................................................................. 71
IX. LAW ON PUBLIC OFFICERS ........................................................................................................... 72
A. GENERAL PRINCIPLES .............................................................................................................. 72

B. KINDS OF APPOINTMENT ........................................................................................................ 73
C. DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS ............................................................... 74
D. POWERS AND DUTIES OF PUBLIC OFFICERS ............................................................................. 75
E. DE FACTO V. DE JURE OFFICERS ............................................................................................... 76
F. THE CIVIL SERVICE .................................................................................................................. 76
G. ACCOUNTABILITY OF PUBLIC OFFICERS.................................................................................... 77
X. ADMINISTRATIVE LAW ................................................................................................................. 85
A. GENERAL PRINCIPLES .............................................................................................................. 85

B. POWERS OF ADMINISTRATIVE AGENCIES ................................................................................ 85
C. DOCTRINES OF PRIMARY JURISDICTION AND EXHAUSTION OF ADMINISTRATIVE REMEDIES ....88
XI. ELECTION LAW ............................................................................................................................ 90
A. SUFFRAGE .............................................................................................................................. 90
B. CANDIDACY ............................................................................................................................ 91
C. CAMPAIGN ............................................................................................................................. 92
D. REMEDIES AND JURISDICTION.................................................................................................93
XII. LOCAL GOVERNMENTS ............................................................................................................. 100
A. PRINCIPLES OF LOCAL AUTONOMY ....................................................................................... 100

B. AUTONOMOUS REGIONS AND THEIR RELATION TO THE NATIONAL GOVERNMENT ................ 100
C. LOCAL GOVERNMENT UNITS ................................................................................................. 101
D. LOCAL TAXATION.................................................................................................................. 111
XIII. NATIONAL ECONOMY AND PATRIMONY .................................................................................. 117
A. REGALIAN DOCTRINE ............................................................................................................ 117

B. EXPLORATION, DEVELOPMENT, AND UTILIZATION OF NATURAL RESOURCES ......................... 118
C. FRANCHISES, AUTHORITY, AND CERTIFICATE FOR PUBLIC UTILITIES ....................................... 119
D. ACQUISITION, OWNERSHIP, AND TRANFER OF PUBLIC AND PRIVATE LANDS .......................... 121
E. PRACTICE OF PROFESSIONS................................................................................................... 122
F. ORGANIZATION AND REGULATION OF CORPORATIONS, PRIVATE AND PUBLIC ....................... 122
G. MONOPOLIES, RESTRAINT OF TRADE, AND UNFAIR COMPETITION ........................................ 122

ATENEO CENTRAL
XIV. SOCIAL JUSTICE AND HUMAN RIGHTS ...................................................................................... 124
A. CONCEPT OF SOCIAL JUSTICE ................................................................................................ 124

B. ECONOMIC, SOCIAL, CULTURAL RIGHTS ................................................................................ 124
C. COMMISSION ON HUMAN RIGHTS ........................................................................................ 125
XV. AMENDMENTS OR REVISIONS OF THE CONSTITUTION .............................................................. 126
XVI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS ......................................... 127
A. ACADEMIC FREEDOM ........................................................................................................... 127

B. CONSTITUTIONAL TAX EXEMPTIONS FOR CERTAIN EDUCATIONAL INSTITUTIONS ................... 127
XVII. PUBLIC INTERNATIONAL LAW ................................................................................................. 129
A. DEFINITION OF TERMS AND CONCEPTS ................................................................................. 129

B. RELATIONSHIP BETWEEN INTERNATIONAL LAW AND NATIONAL LAW ................................... 129
C. SOURCES OF INTERNATIONAL LAW ....................................................................................... 130
D. SUBJECTS ............................................................................................................................. 130
E. REQUISITES OF STATEHOOD.................................................................................................. 131
F. JURISDICTION OF STATES ...................................................................................................... 131
G. GENERAL PRINCIPLES OF TREATY LAW .................................................................................. 132
H. DOCTRINE OF STATE RESPONSIBILITY .................................................................................... 133
I. REFUGEES............................................................................................................................. 133
J. EXTRADITION ....................................................................................................................... 133
K. BASIC PRINICIPLES OF INTERNATIONAL HUMAN RIGHTS LAW ................................................ 135
L. BASIC PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW ................................................ 135
M. LAW OF THE SEA ................................................................................................................... 136
N. BASIC PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW .............................................. 137
MEMORY AID................................................................................................................................. 138

TABLE OF CONTENTS: LABOR LAW
I. GENERAL PRINCIPLES .................................................................................................................. 146
A. BASIC POLICY ON LABOR....................................................................................................... 146

B. CONSTRUCTION IN FAVOR OF LABOR .................................................................................... 147
C. THE BURDEN OF PROOF AND QUANTUM OF EVIDENCE IN LABOR CASES ................................ 147
D. LEGAL BASIS UNDER THE 1987 CONSTITUTION, CIVIL CODE, AND LABOR CODE ...................... 147
II. RECRUITMENT AND PLACEMENT OF WORKERS ........................................................................... 149
A. RECRUITMENT AND PLACEMENT........................................................................................... 150

B. EMPLOYMENT OF NON-RESIDENT ALIENS ............................................................................. 153
III. LABOR STANDARDS ................................................................................................................... 155
C. CONDITIONS OF EMPLOYMENT............................................................................................. 156

D. WAGES ................................................................................................................................. 162
E. LEAVES ................................................................................................................................. 165
F. SPECIAL GROUPS OF EMPLOYEES .......................................................................................... 167
G. SEXUAL HARASSMENT IN THE WORK ENVIRONMENT ............................................................ 170
IV. SOCIAL WELFARE LEGISLATION .................................................................................................. 172
A. SSS ACT ................................................................................................................................ 172

B. GSIS ACT............................................................................................................................... 172
C. LIMITED PORTABILITY LAW ................................................................................................... 173
D. DISABILITY AND DEATH BENEFITS ......................................................................................... 174
V. LABOR RELATIONS ..................................................................................................................... 178
A. RIGHT TO SELF-ORGANIZATION............................................................................................. 178

B. LEGITIMATE LABOR ORGANIZATIONS .................................................................................... 178
VI. TERMINATION OF EMPLOYMENT .............................................................................................. 181
VII. MANAGEMENT PREROGATIVE .................................................................................................. 184
VIII. JURISDICTION AND RELIEFS ..................................................................................................... 185


be complied with in good faith (pacta sunt

I. BASIC CONCEPTS UNDER THE 1987
servanda). The BIR must not impose additional
CONSTITUTION requirements that will negate the availment of the
reliefs paid for under international agreement
A. DECLARATION OF PRINCIPLES AND (Deutsche Bank v. CIR, G.R. No. 188550, August
STATE POLICIES 19, 2013).
Q: Are constitutional provisions self- Q: How is standing treated in actions for

executory? violations of environmental laws?
A: GR: The provisions of the Constitution are A: The enactment of the Rules of Procedure for
considered self-executing, and do not require future Environmental Cases enabled litigants enforcing
legislation for their enforcement. environmental rights to file their cases as citizen
suits. It liberalized standing for all cases filed
XPN: The principles found in Article II are not enforcing environmental laws and collapses the
intended to be self-executing principles ready for traditional rule on personal and direct interest,
enforcement through the courts. They are used by based on the principle that humans are stewards of
the judiciary as aids or as guides in the exercise of nature. (Resident Marine Mammals v. Reyes, G.R.
its power of judicial review, and by the legislature in No. 180771, 2015).
its enactment of laws (Tondo Medical v. Court of
Appeals, G.R. No. 167324, July 17, 2007). Q: Do animals have standing?
A: No. The need to give the Resident Marine
Exception to the Exception: Mammals legal standing has been eliminated by our
1. Article II, Sec. 16 - right to a balanced and Rules, which allow any Filipino citizen, as a steward
healthful ecology (Oposa v. Factoran, of nature, to bring a suit to enforce our
G.R. No. 101083, July 30, 1993). environmental laws. It is worth noting here that the
2. Article II, Sec. 28 right to full public Stewards are joined as real parties in the Petition
disclosure (Province of North Cotabato v. and not just in representation of the named
GRP, G.R. No. 183591, Oct. 14, 2008). cetacean species. The Stewards having shown in
3. Article II, Sec. 15 - right to health (Imbong their petition that there may be possible violations of
v. Ochoa, G.R. No. 204819, Apr. 8, 2014). laws concerning the habitat of the Resident Marine
Mammals, are therefore declared to possess the
legal standing to file this petition. (Resident Marine
A: -binding norms, principles and Mammals v. Reyes, G.R. No. 180771, 2015).
practices that influence state behavior such as
certain declarations and resolutions of the UN Q: What are the requisites for a party to avail of
General Assembly like the UN Declaration of the writ of kalikasan?
Human Rights (UDHR) (Pharmaceutical and Health There is an actual or threatened violation of
Care Association of the Philippines v. Duque III). the constitutional right to a balanced and
healthful ecology;
Q: The actual or threatened violation arises
land by the doctrine of incorporation? from an unlawful act or omission of a public
A:It depends. For an international rule to be official or employee, or private individual or
considered as customary law, it must be established entity; and
that such rule is being followed by states because The actual or threatened violation involves
they consider it obligatory to comply with such rules or will lead to an environmental damage of
(11pinion juris). Unless it can be shown that this soft such magnitude as to prejudice the life,
law has been enforced, practiced and considered as health or property of inhabitants in two or
binding by states, soft law cannot be deemed to more cities or provinces (LNL Archipelago,
form part of the law of the land. (Pharmaceutical and 2016).
Health Care Association of the Philippines v. Duque
III,G.R. No. 173034, 2007).
Q: Can the BIR impose additional requirements

for obtaining a refund that is based on an
international agreement?
A:No. The Constitution provides for adherence to
the general principles of international law as part of
the law of the land. Obligations under a treaty must

B. NATIONAL TERRITORY Q: Did the Philippines lose its sovereignty over

the KIG and Scarborough Shoal under R.A. No.
Q: What is the Composition of our National 9522?
Territory? A: No. RA 9522 is a statutory tool to demarcate the
1. Philippine Archipelago, with all the maritime zone and continental shelf of the
islands and waters embraced therein; Philippines under UNCLOS III, and does not alter
2. Internal Waters: waters around, between the national territory. The law has nothing to do with
and connecting the islands of the acquisition, enlargement, or diminution of territory,
archipelago, regardless of breadth and as States may only acquire (or lose) territory through
dimension; and the following modes: (CAPO) Cession, Accretion,
3. All other territories over which the Prescription, and Occupation (Magallona v. Ermita,
Philippines has sovereignty or jurisdiction. G.R. No. 187167, 2011).
It consists of: Q: What is the extent of our Maritime Zones?

1. Territorial sea, seabed, subsoil, insular 12 nautical Absolute
shelves, and other submarine areas; and TERRITORIAL
miles from Sovereignty
2. Terrestrial, fluvial, and aerial domains. SEA
baselines
Q: What is the Archipelagic Doctrine? 24 nautical Enforcement

miles from of customs,
A: It is a doctrine of national territory articulated in CONTIGUOUS
baselines fiscal,
the second sentence of Art. I, Sec. 1, which provides ZONE
immigration,
necting sanitation laws
the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal 200 nautical Exploitation of
EXCLUSIVE
(PHIL. CONST., art. I, § 1) miles from living and non-
ECONOMIC
baselines living
ZONE
It is based on the principle that an archipelago, resources
which consists of a number of islands separated by Submerged Sovereign
bodies of water, should be treated as one integral prolongation rights of
unit. (Magallona v. Ermita, G.R. No. 187167, 2011) of the land exploration
territory and
CONTINENTAL
Q: What are the 3 basic principles of exploitation of
SHELF
archipelagic States? living and non-
1. An archipelagic State may draw straight living
baselines connecting the outermost points of resources of
the outermost islands and drying reefs of the the seabed
archipelago from which the extent of the
territorial sea of the archipelagic state is, or Q: What sets a Regime of Islands apart under
may be determined. UNCLOS?
2. The waters within the baselines, regardless A: Under Article 121 of the UNCLOS III, any
of their depth or distance from the coast, the naturally formed area of land surrounded by water,
seabed and the subsoil, and the superjacent which is above water at high tides, qualifies under
airspace, as well as all their resources, the category
belong to, and are subject to the sovereignty generate their own applicable maritime zones (e.g.,
of the archipelagic State. Kalayaan Islands and Scarborough Shoal).
3. Innocent passage of foreign vessels through 1. Kalayaan Islands has its own Territorial
the waters of the archipelagic State shall be Sea, Contiguous Zone, and Exclusive
allowed in accordance with its national Economic Zone.
legislation, having regard to the existing rules 2. BUT Scarborough Shoal ONLY has a
Territorial Sea and Contiguous Zone.
of international law. Such passage shall be
3. There can be a Continental Shelf without an
through sea lanes as may be designated for
EEZ, but not an EEZ without a Continental
the purpose by the archipelagic State.
Shelf.
(Magallona citing Art. 49, UNCLOS III).

C. SEPARATION OF POWERS F. DELEGATION OF POWERS
Q: What is the principle of separation of Q: What are two tests to determine whether or
powers? not there is a valid delegation of legislative
A: The principle of separation of powers ordains that power?
each of the three great government branches has 1. Completeness Test The law must state the
exclusive cognizance of and is supreme in concerns policy that must be carried out or implemented
falling within its own constitutionally allocated and leave no room for the delegate to legislate;
sphere; (Republic v. Bayao, G.R. No. 179492, Jun nor allow discretion on their part to say what the
5, 2013). law is. A statute may be complete when the
subject, and the manner and the extent of its
D. CHECKS AND BALANCES operation are stated in it such that when it
reaches the delegate, there must be nothing left
Q: What are existing checks and balances under for the delegate to do but to enforce the law.
the Constitution? 2. Sufficiency of Standard There must be
1. Legislation in the form of an enrolled bill adequate guidelines or limitations in the law to
needs final approval from the President to map out the boundaries of the delegate
become a law; authority and prevent the delegation from
2. President must obtain the concurrence of running riot. The limits are sufficiently
Congress to complete certain acts (e.g. determinate and determinable to which the
granting of amnesty); delegate must conform in the performance of
3. Money can be released from the Treasury his actions.
only by authority of Congress;
4. Appropriation, revenue, tariff, increases in Examples:
public debt and private bills originate in
i. Public interest (People v. Rosenthal, G.R.
House of Representatives; Nos. L-46076 and L-46077, Jun. 12,
5. SC can declare acts of Congress or the
1939);
Executive unconstitutional.
ii. Fair and equitable employment practices
(Eastern Shipping Lines v. POEA, supra)
E. STATE IMMUNITY
iii. Justice and equity;
Q: Does consent to be sued include consent to iv. Public convenience and welfare;
be bound by the judgment or decision? v. Simplicity, economy, and efficiency.
A: No. Consent to be sued does not include consent
to the execution of judgment against it. Such G. FUNDAMENTAL POWERS OF THE
execution will require another waiver because the STATE
power of the court ends when judgment is rendered,
since government funds and properties may not be Q: What are the Requisites for a valid exercise
seized under writs of execution or garnishment, of Police Power?
unless such disbursements are covered by 1. Reasonable Subject - The subject of the
appropriation as required by law (Republic v. measure is within the scope of police, i.e.
Villasor, G.R. No. L-30671, November 28, 1973). that the activity or property sought to be
regulated affects the public welfare. The
Q: When a private corporation entered into interest of the public, generally as
exploration and development of natural compared to a particular class requires
resources with the State, will it be covered by interference by the state.
state immunity? 2. Reasonable Means - The means
A: No. It did not become an agent of the State by employed are reasonably necessary for the
virtue of a Service Contract which did not constitute accomplishment of the purpose, and not
Shell to represent the State in dealing with third unduly oppressive on individuals. Both the
persons. The contract merely gave rise to a end and the means must be legitimate (US
contractual commitment on the part of Shell to v. Toribio, G.R. No. L-5060, Jan. 1, 1910)
undertake extraction and exploration but never to
represent the State in its dealings (Shell Exploration -- end of topic --
Philippines v. Jalos, 2010).

II. GENERAL PRINCIPLES OF TAXATION Q: What are the purposes/objectives of

taxation?
A: (Rev-Reg-PREP)
A. DEFINITION, CHARACTERISTICS AND
1. Revenue to raise revenue to promote the
PURPOSE OF TAXATION
general welfare and protection of its citizens;
Q: What are the three elements of taxation? 2. Regulatory may be levied with a regulatory
A: (CIS) purpose to provide means for the rehabilitation
1. It is an enforced proportional Contribution and stabilization of a threatened industry
from persons and properties. which is affected with public interest as to be
2. It is Imposed by the State by virtue of its within the police power of the State;
sovereignty. 3. Promotion of general welfare may be used
3. It is levied for the Support of the as an implement of the police power to
government (PCGG v. Cojuangco, G.R. No. promote the general welfare of the people;
147062, 2001) 4. Reduction of social inequality progressive
system of taxation prevents the undue
concentration of wealth in the hands of a few
Q: When can the power to tax be delegated?
individuals;
1. To Local Government Units (LGUs) with
respect to matters of local concern. (Secs. 5 5. Encourage economic growth by granting
& 20, Art. X, Constitution); incentives and exemptions;
2. When it is allowed by the Constitution (Sec. 6. Protectionism to protect local industries from
28(2), Art. VI, Constitution); and foreign competition. (REVIEWER ON
3. When the delegation relates merely to an TAXATION, VICTORINO C. MAMALATEO,
administrative implementation that may call 2014, at 11-13)
for some degree of discretionary powers
under a set of sufficient standards expressed B. POWER OF TAXATION AS
by law (Pelaez v. Auditor General, G.R. No. L- DISTINGUISHED FROM POLICE
23825, 1965), or implied from the policy and
POWER AND EMINENT DOMAIN
purpose of the law (Maceda v. Macaraig, G.R.
No. 88291, 1993)
Q: Distinguish Power of Taxation from Police
Power and Power of Eminent Domain.
Q: Can the Congress validly grant a discount
to senior citizens from certain establishments POLICE EMINENT
TAX
and only allow such establishments to claim POWER DOMAIN
the discounts granted as a tax deduction and
not as a tax credit? CONCEPT
A: Yes. The tax deduction scheme is a valid Power to Power to Power to take
enforce make and private
exercise of the power of eminent domain. As contribution to implement property for
such, no just compensation is warranted in favor raise funds for laws for the public use with
of the establishment. Therefore, the fact that the Government general just
establishments are not able to get a peso for peso Welfare Compensation
reimbursement of the 20% discount given to
senior citizens does not make the scheme SCOPE
unconstitutional. (Manila Memorial Park v.
Secretary of Department of Social Welfare and Plenary, Broader in Merely a
Development, G.R. No. 175356. December 3, comprehensive application;
2013) General private
power to property for
make and public use
implement
laws

POLICE EMINENT POLICE EMINENT

TAX TAX
POWER DOMAIN POWER DOMAIN
EXERCISING AUTHORITY government is

party to contract
National and National May be granting
Local Government granted to exemption; or (b)
Governments or political public service involves
subdivisions companies or franchise
public utilities
BENEFITS RECEIVED
PURPOSE
Protection and No direct or Just
Raise revenues Exercised to The taking of general benefits immediate compensati
promote property for from the benefit but on
public public use government only such as equivalent
welfare may arise to fair
through from the market
regulation maintenance value of the
AMOUNT OF IMPOSITION of a healthy property
economic
No limit Limited to the No limit standard of
cost of imposed, but society
regulation, the amount
issuance of should be RELATIONSHIP TO CONSTITUTION
license, or based on the Subject to Subjected to Subject to
surveillance fair market certain certain certain
value of the constitutional constitutional constitutiona
property limitations limitations l limitations
EFFECT
C. SCOPE AND LIMITATIONS OF
Becomes part Restraint on Transfer of TAXATION
of public fund the injurious right to the
use of property Q: What are the inherent limitations on the
property power to tax?
A: The inherent limitations are those limitations
PERSONS AFFECTED that exist despite the absence of an express
constitutional provision thereon. (P-I-N-E-T)
Applies to all Applies to all Only particular
persons, persons, property is
1. Public purpose power of taxation is
property, and property, and covered
exercised for a public purpose and for the
excises that excises that
may be subject may be
(Planters Products, Inc. v. Fertiphil
thereto subject
Corporation, G.R. No. 166006, 2008)
thereto
2. Principle of International comity Comity
SUPERIORITY OF CONTRACTS is respect accorded by nations to each other
as co-equals. As taxation is an act of
Contracts may Contracts may sovereignty, such power should not be
be impaired be impaired imposed upon equals out of respect. The
unless (a) property of a foreign state or government may
not be taxed by another foreign state or

government. (Tanada v. Angara, G.R. 8. Power of local governments to create its own
No.118295, 1997) sources of revenue and to levy taxes subject
3. Inherently legislative or Non-delegability to Congressional limitations (PHIL. CONST.,
of the taxing power Only the legislature Art. X, Sec. 6)
can exercise the power of taxes unless the 9. Voting requirement in connection with the
same is delegated by the constitution or legislative grant of tax exemption (PHIL.
through a law which does not violate the CONST., Art. VI, Sec. 28, par. 4)
constitution. (Manila Electric Company v. 10. The provision which mandates that money
Province of Laguna, G.R. No. 131359, 1999) collected on a tax levied for a public purpose
4. Tax Exemption of the State entities shall be paid out for such purpose only (PHIL.
exercising sovereign functions are tax- CONST., Art. VI, Sec. 29, par. 3)
exempt, unless expressly taxed. However,
government agencies performing proprietary Q: What are the constitutional provisions
functions remain subject to tax. (Maceda v. indirectly affecting taxation?
Macaraig, Jr., G.R. No. 88291, 1991) A: The indirect constitutional provisions on
5. Territoriality or situs of taxation power to taxation are:
tax is limited to the territorial jurisdiction of the 1. Due Process (PHIL. CONST., Art. III, Sec.
taxing State. It is the place or authority that 1)
has the right to impose and collect taxes. 2. Equal Protection (PHIL. CONST., Art. III,
(CIR v. Marubeni Corporation, G.R. No. Sec. 1)
137377, 2001) (GRUBA, supra at 76-97) 3. Religious Freedom (PHIL. CONST., Art III,
Sec 5)
Q: What are the constitutional provisions 4. Non-impairment of Obligations of Contracts
directly affecting taxation? (PHIL. CONST., Art. III, Sec. 10)
A: The direct constitutional provisions on taxation
are: Q: Does an executive order granting tax and
1. Non-imprisonment for non-payment of poll duty incentives only to business and residents
tax (PHIL. CONST., Art. III, Sec. 20) within the secured area of the Subic Special
2. Uniformity, equitability and progressivity of Economic Zone violate the equal protection
taxation (PHIL. CONST., Art. VI, Sec. 28, par. clause?
1). A: No. The Supreme Court stated that the equal
3. Grant by Congress of authority to the protection guarantee does not require territorial
President to fix tariff rates, import and export uniformity of laws. The classification applies
quotas, etc. (PHIL. CONST., Art. VI, Sec. 28, equally to all the resident individuals and
par. 2) businesses within the "secured area." The
4. Tax exemption of properties actually, directly, residents, being in like circumstances or
and exclusively used for religious, charitable contributing directly to the achievement of the end
and educational purposes (PHIL. CONST., purpose of the law, are not categorized further.
Art. VI, Sec. 28, par. 3) Instead, they are all similarly treated, both in
5. Exemption from taxes of the revenues and privileges granted and in obligations required. In
assets of educational institutions including short, a classification based on valid and
grants, endowments, donations or reasonable standards does not violate the equal
contributions. (PHIL. CONST., Art. XIV, Sec. protection clause. (Tiu v. CA, G.R. No.
4, par. 3) 127410,1999)
6.
revenue, tariff bills (PHIL. CONST., Art. VI,
Sec. 27, par. 2)
7. Non-
jurisdiction in tax cases (PHIL. CONST., Art.
VIII, Sec. 5, par. 2(b))

Q: Can a Revenue Memorandum Order E. TAX AS DISTINGUISHED FROM OTHER

impose additional conditions or limitations on FORMS OF EXACTIONS
the tax exemption of nonstock, nonprofit
educational institutions? Q: ABC, a non-stock, non-profit educational
A: No. This constitutional exemption gives the institution, filed an application for a building
nonstock, nonprofit educational institutions a permit to construct its medical center building
distinct character. And for the constitutional in its campus. A Building Permit Fee and a
exemption to be enjoyed, jurisprudence and tax Locational Clearance Fee was assessed by
rulings affirm the doctrinal rule that there are only the local government unit. ABC argues that it
two requisites: (1) The school must be nonstock is exempt from payment of the building permit
and nonprofit; and (2) The income is actually, fee and locational clearance fee. Is ABC
directly and exclusively used for educational correct?
purposes. There are no other conditions and A: No. It is not exempt from the building permit
limitations. (Hon. Kim Jacinto-Henares v. St Paul fees and locational clearance fees as these
College of Makati G.R. No. 215383, March 8, charges are in the nature of regulatory fees and
2017) not taxes. A building permit fee is a regulatory
imposition highlighted by the fact that in
Q: When are proprietary non-profit processing an application for a building permit,
educational institutions and proprietary non- the Building Official shall see to it that the
profit hospitals exempt from income tax? If applicant satisfies and conforms with the
they engage in for-profit activities, what is the approved standard requirements on zoning and
tax implication? land use, lines and grades, structural design,
A: For an institution to be completely exempt from sanitary and sewerage, environmental health,
income tax, Sec. 30(E)&(G) of the 1997 NIRC electrical and mechanical safety as well as with
requires said institution to operate exclusively for other rules and regulations implementing the
charitable or social welfare purpose. But in case National Building Code. Since building permit
an exempt institution under Sec. 30(E) or (G) of fees are not charges on property, they are not
the 1997 NIRC earns income from its for-profit impositions from which ABC is exempt. The fact
activities, it will not lose its tax exemption. that the revenue is incidentally raised does not
However, its income from for-profit activities will make the imposition a tax. (Angeles University v.
be subject to income tax at the preferential 10% City of Angeles, G.R. No. 189999, 2012)
rate pursuant to Sec. 27(B), but beginning July 1,
2020 until June 30, 2023, the preferential tax rate
is 1%.
203514, February 13, 2017)
D. REQUISITES OF A VALID TAX
Q: What are the requisites of a valid taxation?

1. Must be for a public purpose;
2. Should be uniform and equitable;
3. Either the person or property taxed is within the
jurisdiction of the taxing authority;
4. Complies with the requirements of due process;
and
5. Does not infringe any constitutional or inherent
limitations.

Q: Clark Special Economic Zone (CSEZ) Q: Differentiate license fee from tax.
imposes payments on the movement of
petroleum fuel to and from the economic zone Tax License Fee
(eco-zone). Specifically, CSEZ provides for the
payment of accreditation fees, annual Purpose Imposed for Imposed for
inspection fees, royalty fees and gate pass fees. revenue regulatory
CSEZ billed Chevron, a domestic company purposes purposes
located within the eco-zone, for royalty fees at Basis Imposed Imposed under
Php 0.50/liter. Chevron protests the payment of under the the police power
royalty fees stating that CSEZ levies the same
power of of the State
purely for revenue generation, which amounts to
a tax. Chevron also argues that even if it were taxation
levied for regulatory purposes, the royalty fees Amount No limit as to Limited to the
are unduly excessive and beyond the costs of the amount of cost of the
regulation within the eco-zone. Are the royalty tax license and the
fees imposed a regulatory fee or a tax? expenses of
police
A: Royalty fees are regulatory fees. There can be surveillance and
no doubt that the oil industry is greatly imbued regulation
with public interest as it vitally affects the general Time of Normally paid Normally paid
welfare. Fuel is a highly combustible product Payment after the start before the
which, if left unchecked, poses a serious threat to of a business commencement
life and property. The reasonable relation of the business
between the royalty fees imposed on a per liter
Effect of Does not Makes the
basis and the regulation sought to be attained is
Non- make the business illegal
that the higher the volume of fuel entering CSEZ,
Payment business
the greater the extent and frequency of
illegal
supervision and inspection required to ensure the
Surrender Being the May be with or
safety, security, and order within the eco-zone.
lifeblood of without
(Chevron Philippines v. BCDA, G.R. No. 173863,
the State, consideration
2010)
cannot be
surrendered
except for
lawful
consideration
(MAMALATEO, supra at 17)

F. KINDS OF TAXES taxes, not to local taxes. However, the Supreme

Court noted that such injunctions enjoining the
Q: Distinguish indirect taxes from withholding collection of local taxes are frowned upon.
taxes. (Angeles City v. Angeles Electric Corporation,
the incidence of G.R. No. 166134, 2010)
taxation falls on one
person but the burden Q: Differentiate the two types of double
INDIRECT TAX
thereof can be shifted or taxation.
passed on to another DIRECT INDIRECT
person DOUBLE DOUBLE
the incidence and TAXATION TAXATION
burden of taxation fall Taxing the same One where
on the same entity, the property twice some of the
statutory taxpayer; when it should be elements of
withholding agent taxed only once; direct
WITHHOLDING merely collects, by that is, taxing the double
TAX same person taxation
withholding, the tax due
from income payments twice by the same are absent.
to entities arising from jurisdiction for the
same thing.
certain transactions and
remits the same to the
There is double
government
taxation if the two
(Asia International Auctioneers v. CIR, G.R. No.
179115, 2012) taxes are
imposed:
G. DOCTRINES IN TAXATION 1. On the same
subject
Q. Can an injunction be issued to restrain the matter;
collection of any national internal revenue tax, 2. For the same
fee or charge? Definition purpose;
A: As a general rule, no court shall have the 3. By the same
authority to grant an injunction to restrain the taxing
collection of any national internal revenue tax, fee authority;
or charge. (Sec. 218, NIRC) 4. Within the
same
As an exception, an injunction may be issued by jurisdiction;
the CTA to restrain the collection of taxes when, 5. During the
in the opinion of the Court, the collection may same taxing
jeopardize the interest of the Government period; and
and/or the taxpayer. The Court at any stage of 6. The taxes
the proceeding may suspend the said collection must be of
and require the taxpayer either the same
1. To deposit the amount claimed; or kind or
2. To file a surety bond for not more than character.
double the amount with the Court. (Sec. (City of Manila v.
9, RA 9282 amending Sec. 11, RA 1125) Coca-Cola
Bottlers, G.R. No.
Further, the prohibition on the issuance of a writ 181845, 2009)
of injunction to enjoin the collection of taxes is
applied only to national internal revenue

Allowed No Yes Q: Is an offline carrier (an international air

under the carrier with no flight operations to and from
law? the Philippines) considered a special
corporation and therefore taxable based on
Q: What are the usual methods of avoiding its Gross Philippine Billings?
double taxation? A: No, the tax attaches only when the carriage of
A: (TVC-CRIED) persons, excess baggage, cargo, and mail
1. Entering into Tax Treaties with other originated from the Philippines in a continuous
countries where certain tax relief or schemes and uninterrupted flight, regardless of where the
are adopted providing for reciprocal passage documents were sold. Not having flights
concessions between the contracting States; to and from the Philippines, an offline carrier is
2. Estate taxes provide for a Vanishing clearly not liable for the Gross Philippine Billings
deduction to mitigate the effects of double tax. (Air Canada v. CIR, G.R. No. 169507, 2016)
taxation on the same property that is subject
to 2 or more transfers pertaining to 2 or more
decedents; suit?
3. Allowing tax Credit for foreign taxes paid; A: To constitute a taxpayer's suit, two requisites
4. Allowing Tax Credit of Foreign Taxes Paid; must be met, namely, that:
5. Application of Reciprocity Rule; Public funds are disbursed by a political
6. For VAT purposes, the Input tax on items subdivision or instrumentality and in doing so,
that go into the manufacture of finished a law is violated or some irregularity is
products which are eventually sold may be committed, and
credited against or deducted from the output Petitioner is directly affected by the alleged
tax; ultra vires act. (Anti-Graft League v. San
7. Providing Tax Exemptions; or Juan, G.R. No. 97787, 1996)
8. Allowing Deduction for foreign taxes paid.
(MAMALATEO, supra at 25; GRUBA, supra
at 147-148)
when there has been neither an appropriation
Q: Are petroleum companies that sell nor an authorization of disbursement of
petroleum products to international carriers funds?
exempt from paying excise taxes? If paid by
the said companies, are they entitled to A:
refund? in which there is already an appropriation or a
A: Yes. To exempt aviation fuel from excise tax disbursement of public funds. Therefore, until and
and other impositions prohibits the passing of the unless the Legislature appropriates funds for a
excise tax to international carriers who buy particular project, or unless petitioners can
petroleum products from local pinpoint a specific item in the current budget that
manufacturers/sellers. allows expenditure under the agreement, the
Court cannot rule that there is in fact an
As the statutory taxpayer who is directly liable to appropriation or a disbursement of funds that
pay the excise tax, the company is entitled to a would justify the filing of a taxpayer's suit.
refund or credit of the excise taxes it paid for (Saguisag v. Ochoa Jr., G.R. Nos. 212426 &
petroleum products sold to international carriers, 212444, 2016)
the latter having been granted exemption from
the payment of said excise tax under Sec. 135 (a) Q: The Enhanced Defense Cooperation
of the NIRC. (Commissioner of Internal Revenue Agreement, an executive agreement between
v. Pilipinas Shell Petroleum Corporation G.R. No. the Philippines and the United States, states
180402, 2016) that the taxes on the use of water, electricity,
and public utilities of the other party are for

the account of the Philippine Government. Q: Distinguish the cases of People v. Kintanar
Does this create a tax exemption, which under and People v. Judy Ann Santos.
the law should originate from the Congress? Judy Anne Santos v.
People vs. Kintanar
A: No. This provision in the executive agreement People
creates a situation in which a contracting party Tax evasion connotes the integration of three
assumes the tax liability of the other and not a tax factors:
exemption. Since the Philippine Government 1. The end to be achieved, i.e., the payment
stands to benefit from the agreement not only of less than that known by the taxpayer to
from the structures to be built or improved, but be legally due, or the non-payment of tax
also from the joint training with U.S. forces, when it is shown that a tax is due;
disaster preparation and the preferential use of 2. An accompanying state of mind which is
Philippine suppliers, the provision on the described as being "evil," in "bad faith,"
assumption of tax liability does not constitute a "willful," or "deliberate and not accidental";
tax exemption. (Saguisag v. Ochoa Jr., G.R. Nos. and
212426 & 212444, 2016)
A course of action or failure of action which is
Q: What are the three factors to be considered unlawful.
in determining if a scheme is designed to All the elements are Lacks the element of
evade taxes? present. wilfullness
A: The three (3) factors to be considered are: (E- The element of willful
M-U) means voluntary, failure to supply
1. The End to be achieved (which is payment intentional violation correct and accurate
of less taxes than that known by the taxpayer of a known legal information must be
to be legally due or non-payment of a tax duty, and bad faith or fully established as a
when it is shown that a tax is due); bad purpose need positive act or state of
2. An evil or deliberate state of Mind; and not be shown mind. It can neither be
3. A course of action which is Unlawful. (CIR presumed nor
v. The Estate of Benigno Toda, G.R. No. attributed to mere
147188, 2004) inadvertent or
negligent acts.
Q. Distinguish tax avoidance from tax
evasion.
TAX TAX
EVASION AVOIDANCE
Other Tax Dodging Tax
Name Minimization
Means Use illegal Use legal
means means
Penalty Punishable by Not punishable
law by law
Object To entirely To merely
escape minimize
payment of payment of
taxes taxes
(GRUBA, supra at 124-125)

Involves non-filing of Involves failure to Q: Can tax amnesty be presumed?

Income Tax Return. supply correct and A: A tax amnesty, much like a tax exemption, is
accurate information. never favored or presumed in law. The grant of a
Mere understatement tax amnesty, similar to a tax exemption, must be
of a tax is not itself construed strictly against the taxpayer and
proof of fraud for the liberally in favor of the taxing authority. (Asia
purpose of tax International Auctioneers v. CIR, G.R. No.
evasion. 179115, 2012)
The elements of a The elements of a Q: Explain the rule on non-retroactivity of

violation of Section violation of Section rulings.
255 of the NIRC for 255 of for failure to A: As a general rule, any revocation, modification
failure to make or file supply correct and or reversal of any of the rules and regulations
a return are: accurate information promulgated or any of the rulings or circulars
are: promulgated by the Commissioner shall not be
1. The accused is a given retroactive application if the revocation,
person required 1. That a person is modification or reversal will be prejudicial to the
to make or file a required to supply taxpayers.
return; correct and
2. The accused accurate Exception: Even if prejudicial to the taxpayer,
failed to make or information; they shall have retroactive effect in the following
file the return at 2. That there is failure cases:
the time required to supply correct 1. The taxpayer deliberately misstates or
by law; and accurate omits material facts from his return or any
3. The failure to information at the document required from him by the Bureau of
make or file the time or times Internal Revenue;
return was willful. required by law or 2. The facts subsequently gathered by the
rules and Bureau of Internal Revenue are materially
regulations; and different from the facts on which the ruling
3. That such failure to was based; or
supply correct and 3. The taxpayer acted in bad faith. (Sec. 246,
accurate NIRC)
information is done Note: RR 5-2012 provides that all rulings issued
willfully. prior to January 1, 1998 will no longer have any
binding effect. They can no longer be invoked as
(GRUBA, supra at 128-129) basis for any current business transaction/s or as
a basis for securing legal tax opinions and rulings.
Q: What is a tax amnesty?
A: A tax amnesty refers to the articulation of the Note, however, that RMC 22-2012 clarified that
absolute waiver by a sovereign of its right to BIR Rulings prior to January 1, 1998 remains
collect taxes and power to impose penalties on valid to the taxpayer who was issued the ruling
persons or entities guilty of violating a tax law. and covering the specific transaction which is
Tax amnesty aims to grant a general reprieve to subject of the ruling.
tax evaders who wish to come clean by giving
them an opportunity to straighten out their Note further that RMC 69-2016 suspended until
records. Amnesty taxpayers may immediately further notice all revenue issuances issued within
enjoy the privileges and immunities under a Tax period covering June 1-30, 2016.
Amnesty Law, provided they fulfill the suspensive
conditions imposed therein. (CS Garments, Inc.
v. Commissioner of Internal Revenue, G.R. No.
182399, 2014)

Q: May a BIR ruling be invoked by a taxpayer CBK Power Company Limited v. CIR, G.R. No.
other than the one who requested the same? 193383-84 and 193407-08, 2015)
A: No. The Supreme Court ruled that in keeping
with the caveat attendant in every BIR ruling to Notwithstanding, the BIR still requires the filing of
the effect that it is valid only if the facts claimed TTRA although they are no longer strict as to the
by the taxpayer are correct, a BIR ruling could be period of filing (i.e., before the first taxable event).
invoked only by the taxpayer who sought the (RMO No. 72-2010; amended RMO No. 1-2000)
same. If the taxpayer is not the one who, in the
first instance, sought the ruling from the BIR, he -- end of topic ---
cannot invoke the principle of non-retroactivity of
BIR rulings. (CIR v. Filinvest Development
Corporation, G.R. Nos. 163653 & 167689, 2011)
Q: Believing that it overpaid its branch profit

remittance tax (BPRT), Deutsche Bank filed its
administrative claim for refund with the BIR.
On the same date it filed its administrative
claim with the BIR, it also filed its Tax Treaty
Relief Application (TTRA) with the BIR-
International Tax Affairs Division (BIR-ITAD)
for the confirmation on its entitlement to the
preferential tax rate of 10% under the RP-
Germany Tax Treaty. Due to the inaction of the
BIR on its administrative claim, Deutsche
Bank filed its judicial claim with the CTA. CTA
denied the claim on the ground that the TTRA
was not filed at least 15 days prior to the
availment of the preferential rate, as required
under RMO 1-2000. Is the CTA correct in ruling
that BIR rightfully denied the claim on the
ground that the TTRA was not filed at least 15
days prior to the availment of the preferential
rate, as required under RMO 1-2000?
A: No, the CTA is incorrect. Taxpayers cannot be

deprived of their entitlement to the benefit of a
treaty for failure to strictly comply with an
administrative issuance requiring the prior
application for tax treaty relief. At most, the
application for a tax treaty relief from the BIR
should merely operate to confirm the entitlement
of the taxpayer to the relief.
To divest entitlement to the relief, would

constitute a violation of the doctrine of pacta sunt
servanda that requires that parties should comply
with their treaty obligations in good faith. The
obligation to comply with a tax treaty must take
precedence over RMO No. 1-2000. (Deutsche
Bank AG Manila v. CIR, G.R. No.188550, 2013;

calamity or emergency; upon its last

III. LEGISLATIVE DEPARTMENT
reading, no amendment is allowed and the
vote thereon taken immediately and the
A. LEGISLATIVE POWER yeas and nays entered into the Journal.
3. Appropriation, revenue, tariff, bills
Q: What are the Limitations on Legislative authorizing the increase of public debts,
Power? bills of local application, and private bills
shall originate exclusively in the House of
A. Substantive - limitations on the content of Representatives.
laws
Express limitations Q: What are the non-legislative functions of

1. No law shall be passed abridging freedom Congress?
of speech, of expression, etc. To act as national board of canvassers for
2. No law shall be made respecting an President and Vice President. (Art. VII, sec.
establishment of religion or prohibiting the 4).
free exercise thereof To act as a constituent assembly for the
3. No law impairing the obligation of contracts revision or amendment of the Constitution.
shall be passed (Art. XVII).
4. No ex post facto law or bill of attainder shall To decide whether the President is
be enacted temporarily disabled in the event he
5. other departments or agencies reassumes his office after the Cabinet, by a
6. Prohibition against use of public money or majority of vote of its members, declares
property for a religious purpose that he is unable to discharge the powers
7. No specific funds shall be appropriated or and duties of his office. (Art. VII, sec. 11).
paid for use or benefit of any religion, sect, To concur in the grant of amnesty by the
etc., except for priests, etc. assigned to President. (Art. VII, sec. 19).
AFP, penal institutions, etc. To initiate (HOR) and, to try all cases of
8. No law granting any tax exemption shall be impeachment (Senate), against the:
passed without the concurrence of a o President
majority of all Members of Congress o Vice President
9. All money collected on any tax levied for a o Members of the SC
special purpose shall be treated as a o Members of the Constitutional
special fund and paid out for such purpose Commissions
only o Ombudsman
10. All revenues and assets of non-stock, non-
profit educational institutions
B. HOUSES OF CONGRESS;
11. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court COMPOSITIONS AND
as provided in the Constitution without its QUALIFICATIONS
advice and concurrence
12. No law granting title of royalty or nobility Q: What is the rule on Apportionment of
shall be passed Legislative Districts? (PHIL. CONST. art. VI, §5)
A: It must be based on uniform and progressive ratio
Implied limitations Each city with at least 250,000 inhabitants shall be
1. Prohibition against irrepealable laws entitled to at least 1 representative; and
2. Non-delegation of powers Each province, irrespective of number of
inhabitants, shall be entitled to at least 1
B. Procedural - limitations on the manner of representative.
passing laws Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
1. There must only be one subject to be stated territory. No gerrymandering.
in the title of the bill to prevent hodgepodge Reapportionment is done by Congress within 3
or log-rolling legislation. years following the return of every census.
2. Three readings on separate days, printed
copies of the final bill in its final form to be
distributed to members three days before
its passage, except if the President certifies
to its immediate enactment to meet a public

Q: Is Congress precluded from increasing its Q: Can party lists that garnered less than 2 % of
membership in excess of 250 based on Sec. 5, the total votes casts occupy a seat in the
Art. VI? House?
A: No, the Constitution does not preclude Congress A: Yes. The additional seats (those remaining after
from increasing its membership by passing a law allocation of the guaranteed seats to those with a
other than a general apportionment law (Mariano v. minimum of 2%), shall be distributed to the party-list
COMELEC). organizations including those that received less than
two percent of the total votes. (Atong Paglaum v.
Q: May Congress validly delegate to the ARMM COMELEC, G.R. No. 203766, 2013).
Regional Assembly the power to create
Legislative Districts? Q: How can a party-list join an electoral contest?
A: No, nothing in Sec. 20, Art. X authorizes A: It must undergo the process of (1) registration
autonomous regions, expressly or impliedly, to and (2) accreditation. Registration bestows juridical
create or reapportion legislative districts. This power personality; Accreditation relates to the privileged
is vested exclusively in Congress. Accordingly, Sec. participation that our election law grant to qualified
19, Art. VI of R.A. 9054 granting the ARMM registered parties. Registration precedes
Regional Assembly the power to create provinces accreditation (Magdalo v. COMELEC, G.R. 190793,
and cities, is VOID for being contrary to Sec. 5, Art. 2012).
VI, and Sec. 20, Art. X, as well as Sec.3 of the
Ordinance appended to the Constitution (Sema v. Q: Who may participate in party-list elections?
COMELEC, 2008). A: Three different groups may participate in the
party-list system: (1) national parties or
Q: Is the population requirement of 250,000 an organizations, (2) regional parties or organizations,
indispensable Constitutional requirement for and (3) sectoral parties or organization
the creation of a new legislative district?
A: Distinction must be made between the National parties or organizations and regional
entitlement of a city to a district on one hand, and parties or organizations do not need to organize
the entitlement of a province to a district on the along sectoral lines and do not need to represent
other. While a province is entitled to at least 1
representative regardless of population, a city must
initially meet a minimum population of 250,000 in Political parties can participate in party-list elections
order to be similarly entitled (Aquino v. COMELEC, provided:
G.R. No. 189793, 2010.) they register under the party-list system
do not field candidates in legislative district
Q: To be entitled to an additional district, does a elections.
city have to increase its population by another
250,000? NOTE: A political party, whether majority or not, that
A: No, while Sec. 5(3), Art. VI requires a city to have fields candidates in legislative district elections can
a minimum population of 250,000 to be entitled to a participate in party-list elections only through its
representative, it does not have to increase its sectoral wing that can separately register under the
population by another 250,000 to be entitled to an party-list system. The sectoral wing is by itself an
additional district. independent sectoral party, and is linked to a
political party through a coalition.
Q: In case of vacancy in the Senate or the HOR,
is it mandatory to fill up the vacancy? Sectoral parties or organizations may either be
A:
in the Senate or in the House of Representatives, a well-
special election may be called to fill such vacancy in that their principal advocacy pertains to the special
the manner prescribed by law, but the Senator or interest and concerns of their sector. The sectors
Member of the House of Representatives thus
elected shall serve only for the unexpired term (See include labor, peasant, fisherfolk, urban poor,
also Tolentino v. COMELEC, G.R. No. 187958, indigenous cultural communities, handicapped,
2004). veterans, and overseas workers. The sectors that
-
professionals, the elderly, women, and the youth.
A majority of the members of sectoral parties or

organization

practicable, a contiguous, compact, and adjacent

Id.)
Similarly, a majority of the members of sectoral
-defined Q: What are the Qualifications for Party List
political constituencie Representatives?
they represent. The nominees of sectoral parties or 1. Natural born citizen of the Philippines;
2. Registered voter;
3. Resident of the Philippines for a period of not
- less than 1 year immediately preceding the day
must belong to their respective sectors, or must of the election;
have a track record of advocacy for their respective 4. At least 25 years of age on the day of the
sectors. The nominees of national and regional election (youth sector nominee must be at least
parties or organizations must be bona-fide members 25 years old but not more than 30 years old on
of such parties or organizations. day of election);
5. Able to read and write;
National, regional, and sectoral parties or 6. A bona fide member of the party or
organizations shall not be disqualified if some of organization he seeks to represent for at least
their nominees are disqualified, provided that they 90 days before the day of the election.
have at least one nominee who remains qualified
(Atong Paglaum,supra). Q: Disqualifications of Parties or Organizations
(R.A. No. 7941, § 6.)
Q: Are sectoral parties required to adduce 1. religious sector;
evidence showing their track record that they 2. advocates of violence or unlawful means of
have undertaken to further the cause of the seeking its goal;
sector they represent? 3. foreign party or organization;
A: No. It is sufficient that their ideals are geared 4. receiving support from any foreign
towards the cause of the sector they represent government, foreign political party, foundation,
(Abang-Lingkod v. COMELEC, G.R. No. 206952, organization, whether directly or through any of
2013). its officers or
5. members or indirectly through third parties for
Q: Is there a need for a plebiscite for the creation partisan election purposes;
of legislative districts? 6. fails to comply with laws, rules or regulations
A: No. The creation of legislative districts does not relating to elections;
need confirmation by plebiscite if it does not involve 7. declares untruthful statements in its petition;
the creation of a local government unit (Bagabuyo v. 8. ceased to exist for at least 1 year; or
COMELEC, G.R. No. 176970, Dec. 8, 2008). 9. fails to participate in the last 2 preceding
elections or,
When a municipality is converted into a city large 10. fails to obtain at least 2% of the votes cast
enough to entitle it to one district, the incidental under the party-list system in the 2 preceding
effect is splitting the district into two. This does not elections for the constituency in which it has
need a consensus. There is no need for plebiscite registered.
under Art. X of the Constitution when one district is
split into two, because there is no creation of new C. LEGISLATIVE PRIVILEGES,
juridical personalities nor division of territory per se. INHIBITIONS, AND
There is only a need for plebiscite if you are creating DISQUALIFICATIONS
a new Local Government Unit (Tobias v. Abalos,
G.R. No. L-114783, Dec. 8, 1994). Q: Is preventive suspension considered
Q: What is Gerrymandering? Sec. 43(b) of R.A. 7160?
A: The formation of one legislative district out of A: No, a preventive suspension cannot simply be
separate territories for the purpose of favoring a considered an interruption because the suspended
candidate or a party (Navarro v. Executive
Secretary, G.R. No. 180050, Feb. 10, 2010). from exercising the functions and prerogatives of the
office within the suspension period. The best
The Constitutional standards used to determine the indicat
apportionment of legislative districts, i.e. that each office is the absence of a permanent replacement
legislative district is to comprise, as far as and the lack of the authority to appoint one since no

vacancy exists (Aldovino v. COMELEC, G.R. No. Q: Compare and contrast the disqualifications
184836, 2009). from holding incompatible offices in the
Constitution:
Q: Can a Congressman be preventively CONGRESS PRESIDENT' AFP
suspended by the Sandiganbayan for violation (SENATE S OFFICIAL IN ACTIVE
of Anti Graft Law notwithstanding the exclusive & HOR) FAMILY SERVICE
power of Congress to discipline its member?
A: Yes. The suspension contemplated in Article VI, BASIS Sec. 13, Sec. 13, Sec. 5(4),
Section 16(3) of the Constitution is a punishment Art. VI Art. VII Art. XVI
that is imposed by the Senate or House of NO OTHER Private Civilian
Representatives upon an erring member. It is OFFICE OR subdivision, corp. / position in
distinct from the suspension under Section 13 of the EMPLOY- agency, governme
Anti-Graft and Corrupt Practices Act, which is not a MENT IN: instrumenta practice of nt,
penalty but a preventive measure. Since Section 13 lity, GOCC profession; GOCCs,
of the Anti-Graft and Corruption Practices Act does no business or
not state that the public officer must be suspended interest or instrumen
only in the office where he is alleged to have transaction talities
committed the acts which he has been charged, it w/ gov't.
applies to any office which he may be holding.
(Santiago v. Sandiganbayan, G.R. No. 128055, DURING Term Tenure Tenure
2001) FINANCIAL Cannot be They shall N/A
INTEREST financially not be
interested directly or
directly or indirectly,
indirectly in practice any
any other
contract, profession,
franchise, participate
or special in any
privilege business, or
granted by be
the financially
Governmen interested
t, or any in any
subdivision, contract
agency or with, or in
instrumenta any
lity thereof, franchise,
including or special
any GOCC privilege
or its granted by
subsidiary. the
(PHIL. Governmen
CONST. art. t or any
VI, §14) subdivision,
agency, or
instrumenta
lity thereof,
including
government
-owned or
controlled
corporation
s or their
subsidiaries
. (PHIL.
CONST. art.
VII, §13)
D. QUORUM AND VOTING MAJORITIES

Q: What is the basis for determining the Yeas and Nays 1/5 of Sec. 16(4)
existence of a quorum in the Senate? in the Journal Members
A: The basis in determining the existence of a present of
quorum in the Senate is the total number of each house
Senators who are in the country and within the
coercive jurisdiction of the Senate. Those who are Tax Exemption Majority of All Sec. 28(4)
out of the country, can not be contacted, or Confirmation of Majority of Art. VII, Sec.
incapacitated will not be included in the total number new VP Both Houses, 9
of the Senators for the purpose of counting majority nominated by voting
or quorum. (Avelino v. Cuenco, G.R. Np. L-2821, President separately
1949).
Determination 2/3 of Both Art. VII, Sec.
Q: What are the Voting Majorities required in that Pres. Houses, 11
Congress? unable to voting
discharge separately
SENATE
powers & duties
NATURE OF REQUIRED BASIS To break a tie in Majority of All, Art. VII, Sec.
PROCEEDING VOTES presidential voting 4
election separately
Concurrence 2/3 of All Sec. 21, Art.
in a treaty or VII Revocation of Majority of All, Art. VII, Sec.
international Proc. of Martial voting jointly 18
agreement Law/
Suspension of
Conviction in 2/3 of All Sec. 3(6), Art.
Priv. of Writ of
impeachment XI
Habeas Corpus
Extension of Majority of All, Art. VII, Sec.
HOUSE OF REPRESENTATIVES Proc. of voting jointly 18
NATURE OF REQUIRED ML/Suspension.
BASIS
of Priv. of WHC
PROCEEDING VOTES
Affirm or Sec. 3(3), Art. To Concur w/ Majority of All Art. VII, Sec.
1/3 of All
Override XI President in 19
granting
Resolution to
amnesty
Impeach
E. DISCIPLINE OF MEMBERS
COMMON TO BOTH
NATURE OF REQUIRED Q: Can the judiciary review the internal rules of
BASIS
PROCEEDING VOTES Congress with regards to disciplining its
members?
Discipline 2/3 of All Sec. 16(3) A: NO. The disciplinary action taken by Congress
Members against a member is not subject to judicial review
Election of Majority of All Sec. 16(1) because each House is the sole judge of what
Officers disorderly conduct is (Osmeña v. Pendatun, G.R.
No. L-17144, Oct. 28, 1960).
Declare the 2/3 of Both Sec. 23
Existence of a Houses, F. PROCESS OF LAW-MAKING
State of War voting
separately Q: What is the scope of the Bicameral
Override 2/3 of All in Sec. 27(1)
President's the House of A: The Bicameral Conference Committee may:
Veto Origin o Adopt the Bill entirely; or
o Amend; or
Quorum to do Majority w/in Sec. 16(2); o Revise; or
business Compulsive Avelino v. o Reconcile the House Bill and the Senate
Power of the Cuenco Bills;
House

o Propose entirely new provisions not found H. LEGISLATIVE INQUIRIES AND

in either the House Bill or the Senate Bill. OVERSIGHT FUNCTIONS
(Amendments in the nature of a substitute)
Q: Differentiate legislative inquiries under Sec.
Q: When can the President veto an item? 21 and 22 of Art VI:
1. Appropriation
2. Revenue, and Inquiry in Aid of
Question Hour
3. Tariff (Sec. 27 (2)). Legislation
Sec. 22, Art. VI Sec. 21, Art. VI

Q: Can the President veto a condition imposed
on an item of appropriation but not the amount Purpose is to Elicit
of appropriation? Oversight Function information that may be
A: No. The condition is an essential part of used for legislation
appropriation. To validly veto the condition, the
President must also veto the amount of Exceptions as to
appropriation. (Gonzales v. Macaraig) persons include: Exceptions as to persons
include:
Q: What is the ENROLLED BILL DOCTRINE? departments of the (1) President
A: The signing of a bill by the Speaker of the House Executive Branch of (2) Supreme Court
and the President of the Senate and its certification the government shall Justices
by the secretaries of both Houses of Congress that secure the consent of (3) Members of the AFP if
such bill was passed are conclusive of its due the President prior to prevented by the
enactment (Arroyo v. De Venecia, G.R. No.127255, appearing before President as the
Aug. 14, 1997). either House of Commander-In-Chief
(Section1, (Gudani v. Senga, 2006)
Q: What are the Cases When the Constitution EO 464)
Requires Yeas And Nays To Be Recorded?
1. Last and third readings of a bill Exception as to information:
2. (1) Executive privilege which must be invoked by
3. Re-passing a bill over Presidential veto the President himself or through the Executive
Secretary by authority of the President (Senate v.
G. APPROPRIATION AND RE-ALIGNMENT Ermita, 2006)
(2) Privileged information, e.g., national defense,
Q: What is the rule regarding re-alignment of diplomatic, military secrets.
funds? (3) Right against self-incrimination
A: General Rule: No law shall be passed Discretionary Mandatory
authorizing any transfer of appropriations;
Exception (Exclusive List): The following may, by

law, be authorized to augment any item in the Punish for Contempt
general appropriations law for their respective A: The exercise by Congress or by any of its
offices from savings in other items of their respective committees of its contempt power is based on the
appropriations: principle of self-preservation (i.e. preserving its
1. The President authority and dignity). As the branch of the
2. Senate President government vested with the legislative power,
3. Speaker of the House of Representatives, independently of the judicial branch, it can assert its
4. the Chief Justice of the Supreme Court authority and punish contumacious acts against it.
5. the heads of Constitutional Commissions Such power is sui generis, as it attaches not to the
(PHIL. CONST. § 25 (5)) discharge of legislative functions per se, but to the
sovereign character of the legislature as one of the
three independent and coordinate branches of
government. (Id.)

Q: How long can one be punished for contempt? J. ELECTORAL TRIBUNALS AND THE
Period of Detention for Contempt (Balag v. COMMISSION ON APPOINTMENTS
Senate, G.R. No. 234608, July 3, 2018)
Q: Do members of the HRET enjoy Security of
HOUSE OF Tenure?
SENATE
REPRESENTATIVES A: YES. Membership in the HRET may not be
Can last only until the Can last only until the terminated except for a just cause, such as the
final adjournment of the termination of the expiration of the member's congressional term of
last session of such legislative inquiry (even office, his death, permanent disability, resignation
Congress during recess) under from the political party he represents in the tribunal,
which the said power is formal affiliation with another political party, or
invoked removal for other valid cause. A member may not be
The legislative inquiry proof that he has formally affiliated with another
of the Senate political group. (Bondoc v. Pineda, G.R. No. 97710,
terminates on two Sept. 26, 1991)
instances:
1. Upon the Q: When does the jurisdiction of HRET/SET
approval or start?
disapproval of A:
the Committee contests relating to election, returns, and
Report qualifications ends, and the HRET's own jurisdiction
2. Upon the begins once a winning candidate is:
expiration of 1. proclaimed
such 2. taken his oath, and
Congress 3. assumed office as a Member of the House
of Representatives. (Aggabao v.
COMELEC, G.R. No. 163756, Jan. 26,
I. POWER OF IMPEACHMENT (Phil. 2005)
Const., art. XI.)
Q: X is the party-list representative of Batang
Q: Who has the Exclusive Power To Initiate Pasaway. During the 2nd year of his term, he was
Impeachment proceedings? expelled from the party-list. Batang Pasaway
A: The House of Representatives shall have the submitted to the COMELEC the question
exclusive power to initiate all cases of impeachment -list in
(PHIL. CONST., art. IX, § 3(1).) relation to his continued representation. X
objected claiming that it is the HRET that has
Q: Who has the Exclusive Power to Try and jurisdiction. Who has jurisdiction?
Decide Impeachment Cases? A: The HRET.
Q: What are the Grounds for Impeachment? Q: Can Congress provide that a newly created
A: (PHIL. CONST., art. IX, § 2.) (BGC-T2O) statutory position needs confirmation by the
Bribery CA?
Graft and Corruption A: NO. The list of appointees requiring CA
Culpable Violation of the Constitution confirmation is exclusive. The Commission on
Treason Appointments shall confirm the appointments by the
Betrayal of Public Trust President with respect to the following positions: (E-
Other high crimes MA²-C)
1. Heads of the Executive Departments
Q: When are impeachment proceedings deemed o Exception: Appointment of Vice
initiated? President as a member of the
A: Impeachment proceedings are initiated upon Cabinet needs no confirmation
filing of the complaint and/or resolution and its (PHIL. CONST., art. VII, § 15.)
referral to the Committee on Justice. (Rules of 2. Ambassadors,
Procedure in Impeachment Proceedings) 3. Other public Ministers or consuls
4. Officers of the AFP from the rank of Colonel
or Naval Captain and above; and

5. Other officers whose appointments are

vested in him by the Constitution (e.g.
COMELEC members)
o Examples: Chairmen and
commissioners of the CSC,
COMELEC, and COA; regular
members of the Judicial Bar
Council (JBC)
K. INITIATIVE AND REFERENDUM
Q: What is the difference between initiative and

referendum?
INITIATIVE REFERENDUM
Power of the people to Right reserved to the

propose bills and laws, people to adopt or
and to enact or reject reject any act or
them at the polls measure which has
independent of the been passed by a
legislative assembly legislative body and
which in most cases
would without action on
the part of electors
become a law
Entirely the work of the Begun and consented

electorate to by the law-making
body
A process of law- Consists merely of the

making by the people electorate approving or
themselves without the rejecting what has
participation and been drawn up or
against the wishes of enacted by a legislative
their elected body
representatives
(SBMA v. COMELEC, G.R. No. 125416, Sept. 26,
1996)
- end of topic -

IV. EXECUTIVE DEPARTMENT

B. PRIVILEGES, INHIBITIONS, AND
DISQUALIFICATIONS
A. QUALIFICATIONS, ELECTION, AND
TERM OF PRESIDENT AND VICE- Q: Is there an Exception to the Prohibition on
PRESIDENT the President and His/Her Official Family from
Holding Any Other Office or Employment?
Q: What are the qualifications of a President? A: If 4th degree relatives are already in office when
1. Natural-born citizen of the Philippines; a President assumes office, the relatives are not
2. Registered voter; thereby ousted from their positions. What is
3. Able to read and write; prohibited is appointment or reappointment and not
4. At least 40 years old on the day of the uninterrupted continuance in office
election; and
5. Resident of the Philippines for at least Q: What is covered by presidential immunity
10 years immediately preceding such from suit?
election. (Phil. Const., art. VII, § 2) A: The President is immune from suit during his
incumbency, regardless of the nature of the suit filed
Q: What are the qualifications of a Vice against him. (De Lima v. Duterte, G.R. No. 227635,
President? 2019)
A: There shall be a Vice-President who shall have
the same qualifications and term of office and be Q: May Presidential Immunity be invoked by a
elected with and in the same manner as the Department Secretary?
President. He may be removed from office in the A: No, even if the DECS Secretary is an alter ego of
same manner as the President. the President, the
The Vice-President may be appointed as a Member cannot be invoked because the questioned acts are
of the Cabinet. Such appointment requires no not the acts of the President but merely those of a
confirmation. (Phil. Const., art. VII, § 3) Department Secretary. (Gloria v. CA, G.R. No.
119903, 2000). Immunity from suit is personal to the
Q: What is the term of office of the President and President and may be invoked by him alone. The
VIce-President? President may waive it impliedly, as when he himself
A: The President and Vice President shall be files suit (Soliven v. Makasiar, G.R. No. 82585, Nov.
elected by direct vote of the people for a term of 6 14, 1988).
years (Phil. Const. art. VII, § 4).
Q: What are the 3 requisites for a valid claim of
The president shall not be eligible for any re- Executive Privilege?
election. No person who has succeeded as (a)
President and has served for more than 4 years
shall be qualified for election to the same office at (e.g. the power to enter into an executive
any time. (Phil. Const., art VII, § 4, ¶ 1). agreement with other countries without the
concurrence of the Legislature has
No Vice-President shall serve for more than 2 traditionally been recognized in Philippine
consecutive terms. (Phil. Const., art. VII, § 4, ¶ 2). jurisprudence)
(b)
Q: Who proclaims the presidential and vice- advisor of the President. Under the
presidential winners?
A: The proclamation of presidential and vice of NEDA can be considered a close
presidential winners is a function of Congress (as advisor, being a member of President
Canvassing Board) and not of the COMELEC
(Macalintal v COMELEC, G.R. No. 157013, June (c) There is no adequate showing of a
10, 2003) compelling need that would justify the
limitation of the privilege and of the
Q: Who are the members of the Presidential unavailability of the information elsewhere
Electoral Tribunal (PET)? by an appropriate investigating authority.
A: The SC, sitting en banc, shall be the sola judge
of all contests relating to the election, returns and Q: What is the Scope of Executive Privilege?
qualifications of the President or Vice President, A: Executive privilege covers all confidential or
and may promulgate its rules for the purpose. classified information between the President and the
(Macalintal v. PET, G.R. No. 191618, Nov. 23, 2010)

public officers covered by this executive order; Requisites: Requisites:

including: (a) It must involve a (a) Predecisional it
Conversations and correspondence quintessential and precedes, in temporal
between the President and the public non-delegable power sequence, the
official covered by this executive order of the President decision to which it
(Chavez v Public Estates Authority, G.R. (b) Operational relates
No. 133250, July 9, 2002) Proximity (b) Deliberative reflects
Military, diplomatic and other national (c) Important and the give and take of
security matters which in the interest of compelling need to the consultative
national security should not be divulged; be confidential, not process such that
Information between inter-government merely based on disclosure would
agencies prior to the conclusion of treaties general interest discourage candid
and executive agreements (Chavez v. discussion within the
PCGG, G.R. No. 130716, Dec. 9, 1998); agency (In Re:
Discussion in close-door Cabinet meetings Production of Court
(Chavez v. PCGG, G.R. No. 130716, Dec. Records and
9, 1998); Documents, Feb. 14,
Matters affecting national security and 2012)
public order (Chavez v. Public Estates
Authority, G.R. No. 133250, Jul. 9, 2002).
C. POWERS OF THE PRESIDENT
Q: Is there an Exception to Executive Privilege?
The President's generalized assertion of privilege
1. GENERAL EXECUTIVE AND
must yield to the demonstrated, specific need for
ADMINISTRATIVE POWERS
evidence in a pending criminal trial. (U.S. v. Nixon,
418 U.S. 683, 1974).
Q: What constitutes the residual powers of the
president?
Executive privilege cannot be used to conceal a
A: The power involved is the President's residual
crime or a possible wrongdoing. Thus, the specific
power to protect the general welfare of the people.
need for evidence in a pending criminal trial
It is founded on the duty of the President, as steward
of the people. To paraphrase Theodore Roosevelt,
confidentiality (Neri v. Ermita, G.R. No. 169777,
it is not only the power of the President but also his
April 20, 2006).
duty to do anything not forbidden by the Constitution
or the laws that the needs of the nation demand. It
Q: Difference between Presidential is a power borne by the President's duty to preserve
Communications Privilege and Deliberative and defend the Constitution. It also may be viewed
Process Privilege as a power implicit in the President's duty to take
care that the laws are faithfully executed (Marcos v
PRESIDENTIAL Manglapus, G. R. No. 88211, Sept. 15, 1989).
DELIBERATIVE
COMMUNICATIONS
PROCESS PRIVILEGE
PRIVILEGE 2. POWER OF APPOINTMENT
Pertains to Includes advisory
communications, opinions, Q: May the President appoint an individual as
documents or other recommendations and acting Solicitor General and acting Secretary of
materials that reflect deliberations comprising Justice?
presidential decision- part of a process by A: The President may not appoint an individual as
making and which governmental acting Solicitor General and acting Secretary of
deliberations decisions and policies Justice in a concurrent capacity. The designation of
are formulated Alberto Agra as acting Secretary of Justice
Applies to decision- Applies to decision- concurrently with his position as Solicitor General is
making of the President making of executive in violation of the constitutional prohibition under
officials (and judiciary) Article VII, Section 13. It is of no moment that the
designation was in a temporary capacity. The
Rooted in the Based on common law
Constitution makes no reference to the nature of the
constitutional principle of privilege
designation (Funa v. Agra, G.R. No. 191644, Feb.
separation of powers
19, 2013).

Q: The Constitutional Limitations on the members of the Commission on Human Rights

(CHR), whose appointments are provided for by law,
A. The President may not appoint his/her and NOT by the Constitution. (PHIL. CONST., Art. VII,
spouse and relatives by consanguinity or Sec. 16)
affinity within the 4th civil degree as
members of the: Congress may, by law, vest in the President alone
(a) Constitutional Commissions or in the courts, or in the heads of departments,
(b) Ombudsman agencies boards or commissions the appointment of
(c) Department Secretaries other officers lower in rank than those mentioned
(d) Undersecretaries above (PHIL. CONST., Art. VII, Sec 16)
(e) Chairmen and heads of Bureaus and
Offices
(f) GOCCs (PHIL. CONST., art. VII, § 13) under Sec. 15, Art VII apply to the judiciary?
A: No, the prohibition does not extend to
B. Appointments extended by an acting appointments in the Judiciary. Had the framers
President shall remain effective unless intended to extend the prohibition to the
revoked by the elected President within 90 appointment of Members of the Supreme Court,
days from assumption of office (PHIL. they could have explicitly done so. The prohibition is
CONST., art. VII, § 14) confined to appointments in the Executive
Department by the President or Acting President
C. BAN ON MIDNIGHT APPOINTMENTS: (De Castro v. JBC, G.R. No. 191002, 2010). Neither
Two months immediately before the next does it apply to local executive officials. (Quirog v.
Presidential elections and up to the end of Aumentado, G.R. 163443, 2008).
his/her term, a President or Acting
President shall not make appointments Q: May the succeeding President revoke
except temporary appointments to appointments to the Judiciary made by an
executive positions when continued Acting President?
vacancies therein will prejudice public A: No, Sec. 14, Art. VII refers only to appointments
service or endanger public safety (PHIL. in the Executive Department. It has no application to
CONST., art. VII, § 15). appointments in the Judiciary because temporary or
acting appointments can only undermine the
Q: Regular Appointments Requiring Consent of judiciary due to their being revocable at will. Prior to
Commission on Appointment (CA) their mandatory retirement or resignation, judges of
A: The following may be appointed by the president, the first or second level courts and the Justices of
subject to approval by the Commission on the third level courts may only be removed for
Appointments (CA): cause, but the members of the Supreme Court may
(a) Heads of executive departments be removed only by impeachment. (De Castro v.
(b) Ambassadors, consuls, and other public JBC, G.R. No. 191002, 2010).
ministers
(c) Officers of AFP from the rank of colonel or Q: Difference between Disapproval and By-
naval captain Passed Appointments
(d) Other officers whose appointment is vested APPOINTMENTS BY-PASSED
in him by the Constitution, such as: DISAPPROVED APPOINTMENTS
a. Chairmen and members of the When the Commission When an ad-interim
COMELEC, COA, and CSC. disapproves an ad position is by-passed
b. Regular members of the JBC. interim appointment, the because of law of time or
c. The Ombudsman and his appointee can no longer failure of the
deputies. be extended a new Commission to organize,
d. Sectoral representatives in appointment, inasmuch there is no final decision,
Congress, as provided in as the disapproval is a the President is free to
Transitory Provisions (Sec. 16). final decision in the renew the ad-interim
exercise of the appointment.
Q: Regular Appointments Without Need Of CA
Confirmation power on the
A: All other officers whose appointments are not appointment authority of
otherwise provided for by law and those whom he the President
may be authorized by law to appoint do not require
CA confirmation. This includes the Chairman and

D. POWER OF CONTROL AND under Article VII, Section 17 thereof. One of the
SUPERVISION recognized powers of the President is the power to
create ad hoc committees. This flows from the need
Q: Differentiate the Power of Control from the to ascertain facts and determine if laws have been
power of supervision? faithfully executed or guide the President in
A: The power of control refers to the power of an performing his duties relative to the execution and
officer to alter, modify, or set aside what a enforcement of laws. The Truth Commission will not
subordinate officer has done in the performance of supplant the Ombudsman or the Department of
his duties, and to substitute the judgment of the Justice or erode their respective powers. The
officer for that of his subordinate. investigative function of the Commission will
complement those of the two offices (Biraogo v. The
The power of supervision refers to the power of a Philippine Truth Commission of 2010 / Rep. Edcel
superior officer to ensure that the laws are faithfully C. Lagman, et. al. v. Exec. Sec. Paquito N. Ochoa,
executed by subordinates. Jr., et al., G.R. No. 192935 & G.R. No. 193036, Dec.
7, 2010).
The power of supervision does not include the
power of control; but the power of control
necessarily includes the power of supervision. over LGUs?
A: The power of the president over local
Q: What is the Doctrine of Qualified Political government units is Q: What . He can interfere with
Agency? the actions of their executive heads only if these are
A: QUALIFIED POLITICAL AGENCY - Acts of contrary to law.
department heads, etc., performed and
promulgated in the regular course of business, are The President exercises direct supervision over
presumptively acts of the President. autonomous regions, provinces, and independent
cities.
Exceptions:
If the acts are disapproved or reprobated by the To facilitate the exercise of power of general
President. If the President is required to act in supervision of local government, the President may
person by law or by the Constitution (e.g. the power merge administrative regions and transfer the
to grant pardons). regional center to Koronadal City from Cotabato City
(Republic v. Bayao, G.R. No. 179492, June 5,
Q: What is the continuing authority of the 2013).
President to reorganize his /her office?
A: The President may, by executive or E. EMERGENCY POWERS
administrative order, direct the reorganization of
government entities under the Executive Q: Which branch of the government is the
Department. Section 17, Article VII of the 1987 repository of emergency powers?
A: Congress is the repository of emergency powers.
have control of all executive departments, bureaus But in times of war or other national emergency, it
may, by law, authorize the President, for a limited
the President the power to reorganize the Office of period and subject to such restrictions as it may
the President in recognition of the recurring need of prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress,
Medical v. Court of Appeals, G.R. No. 167324, July such powers shall cease upon the next adjournment
17, 2007). thereof. (PHIL. CONST., art. VI, § 23(2); IBP v.
Zamora, G.R. No. 141284, Aug. 15, 2000)
The President may transfer any agency under the
Office of the President to any other department or Q: Conditions for the Exercise of the President
agency, subject to the policy in the Executive Office of Emergency Powers (David v. Macapagal-
and in order to achieve simplicity, economy and Arroyo, G.R. No. 171396, May 3, 2006)
efficiency (Anak Mindanao v. Executive Secretary, 1. There must be a war or national
G.R. No. 166052, Aug. 29, 2007). emergency;
2. There must be a law authorizing the
The creation of the Truth Commission does not fall President to exercise emergency powers;
3. Exercise must be for a limited period;
from the faithful-execution clause of the Constitution

4. Exercise must be necessary and proper to sequence, arrangement, or order which the
carry out a declared national policy; and Commander-in-Chief must follow. This so-called
5. Must be subject to restrictions that "graduation of powers" does not dictate or
Congress may provide. restrict the manner by which the President
decides which power to choose.
Q: Can the President declare the existence of a
state of national emergency even in the absence Q: Grounds For The Suspension Of The
of a statute? Privilege Of The Writ Of Habeas Corpus And
A: Yes. The President could validly declare the Declaration Of Martial Law
existence of a state of national emergency even in 1. Actual rebellion or invasion (not imminent)
the absence of a Congressional enactment. But the 2. Public safety requires it
exercise of emergency powers, such as the taking
over of privately owned public utility or business Q: Checks and Balances to Limit the Exercise
affected with public interest, is a different matter. of the Martial Law and Suspension
This requires a delegation from Congress. (Id.) Powers/Safeguards against Abuse
1. The President may declare martial law or
F. MILITARY POWERS suspend of the privilege of the writ of the
privilege of habeas corpus only when there
Q: Differentiate the Extraordinary/Commander- is an invasion or rebellion and public safety
in-Chief Powers? requires such declaration or suspension.
2. The President's proclamation or
SUSPENDING THE suspension shall be for a period not
PRIVILEGE OF THE exceeding 60 days.
CALLING OUT 3. Within 48 hours from the proclamation or
WRIT OF HABEAS
POWERS suspension, the President must submit a
CORPUS/DECLARING
Report in person or in writing to Congress.
MARTIAL LAW
4. The Congress, voting jointly and by a vote
GROUNDS of at least a majority of all its Members, can
May be resorted to May be exercised only revoke the proclamation or suspension.
whenever it becomes when there is actual 5. The President cannot set aside the
necessary to prevent invasion or rebellion, and Congress' revocation of his proclamation or
or suppress lawless public safety requires it suspension.
violence, invasion, or 6. The President cannot, by himself, extend
rebellion his proclamation or suspension. He should
ask the Congress' approval.
ACTION BY THE LEGISLATIVE OR JUDICIAL 7. Upon such initiative or request from the
BRANCH President, the Congress, voting jointly and
The Court may nullify Congress may revoke by a vote of at least a majority of all its
the exercise of such such proclamation or Members, can extend the proclamation or
power only when the suspension and the suspension for such period as it may
President acts in a Court may review the determine.
manner constituting sufficiency of the factual 8. The extension of the proclamation or
grave abuse of basis thereof suspension shall only be approved when
discretion the invasion or rebellion persists and public
(Lagman v. Medialdea, G.R. No. 231658, July 4, safety requires it.
2017; IBP v. Zamora, G.R. No. 141284, Aug. 15, 9. The Supreme Court may review the
2000) sufficiency of the factual basis of the
proclamation or suspension, or the
Q: Is the President required to dispense his extension thereof, in an appropriate
extraordinary powers sequentially? proceeding filed by any citizen.
A: No. The 1987 Constitution gives the President a 10. The Supreme Court must promulgate its
sequence of graduated power[s]. From the most to decision within 30 days from the filing of the
the least benign, these are: the calling out power, appropriate proceeding
the power to suspend the privilege of the writ of 11. Martial law does not suspend the operation
habeas corpus, and the power to declare martial of the Constitution. Accordingly, the Bill of
law. It must be stressed, however, that the Rights remains effective under a state of
graduation refers only to hierarchy based on scope martial law. Its implementers must adhere
and effect. It does not in any manner refer to a to the principle that civilian authority is

supreme over the military and the armed

forces is the protector of the people. They The Court can simultaneously exercise its power of
must also abide by the State's policy to review with, and independently from, the power to
value the dignity of every human person revoke by Congress. Corollary, any perceived
and guarantee full respect for human rights. inaction or default on the part of Congress does not
12. Martial law does not supplant the deprive or deny the Court of its power to review. (Id.)
functioning of the civil courts or legislative
assemblies, nor authorize the conferment Q: Ways to Lift the Proclamation of Martial Law
of jurisdiction on military courts and and/or Suspension of the Privilege:
agencies over civilians where civil courts 1. Lifting by the President himself;
are able to function. 2. Revocation by Congress;
13. The suspension of the privilege of the writ 3. Nullification by the Supreme Court; and
applies only to persons judicially charged 4. By operation of law after 60 days (PHIL.
for rebellion or offenses inherent in or CONST. art. VII, § 18).
directly connected with invasion.
14. Finally, during the suspension of the G. EXECUTIVE CLEMENCY
privilege of the writ, any person thus
arrested or detained should be judicially Q: What are the limitations on the exercise of the
charged within three days, otherwise he
should be released. 1. Cannot extend to cases of impeachment.
Sec. 19, Art. VII).
(Lagman v. Pimentel III, G.R. No. 235935, Feb. 6, 2. For violation of election laws, must have
2018) favorable recommendation by the
COMELEC. Sec. 5, Art. IX-C).
Q: Differentiate the Judicial Power to Review 3. Granted only after conviction by final
vs. Congressional Power to Revoke Martial Law judgment. (Sec. 19, Art. VII).
and Suspension of the Writ of Habeas Corpus 4. Cannot extend to cases of legislative
CONGRESSIONAL contempt, or civil contempt.
JUDICIAL POWER 5. Does not absolve civil liability. (People v.
POWER TO
TO REVIEW Nacional, G.R. No. 11294, Sep. 7, 1995).
REVOKE
6. Does not restore public offices forfeited.
Court can only refer to Congress may take into (Monsanto v. Factoran, G.R. No. 78239,
information available to consideration: February 9, 1989).
the President prior to or
(a) Data available to
at the time of the Q: Differentiate Amnesty v. Pardon
the President
declaration
prior to or at the AMNESTY PARDON
time of the
Political Offenses Ordinary Offenses
Court is not allowed to declaration and
undertake an (b) Events To a class of persons To individuals
independent supervening the Need not be accepted Must be accepted
investigation beyond declaration
the pleadings Requires concurrence of No need for
majority of all members Congressional
Does not look into the Can probe further and of Congress Concurrence
absolute correctness of deeper, can delve into
the factual basis A public act; subject to Private act of President;
accuracy of facts judicial notice it must be proved
presented before it Extinguishes the offense Only penalties are
Passive Automatic extinguished; May or
may not restore political
Initiated by filing of a May be activated by
rights; Absolute pardon
Congress itself at any time
restores; Conditional,
appropriate after the proclamation or
does not.
suspension was made
citizen Civil indemnity is not
extinguished
May be granted before or Only granted after
(Lagman v. Medialdea, G.R. No. 231658, July 4, after conviction conviction by final
2017) judgment

I. POWERS RELATIVE TO
H. DIPLOMATIC POWER APPROPRIATION MEASURES
Q: Does the President need Senate Q: What is Executive Impoundment?

Concurrence in Contracting Foreign Loans? A: Refusal of the President to spend funds already
A: No. The President may contract or guarantee allocated by Congress for a specific purpose. It is, in
foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the expenditure of funds.
Monetary Board; and subject to such limitations as
may be provided by law. Q: Who proposes the Budget?
A: The Executive Branch proposes a budget to
Q: Distinguish between treaties and executive Congress, which the latter considers in drafting
agreements? appropriation laws.
EXECUTIVE
TREATIES
AGREEMENTS Q: Differentiate Pocket Veto vs. Item Veto
International agreements International agreements POCKET VETO ITEM VETO
involving political issues embodying When the president is Power of a president to
or changes of national adjustments of detail considered to have nullify or cancel specific
policy and those carrying out well- rejected a bull submitted provisions of a bill,
involving international established national to him for his approval usually a budget
arrangements of policies and traditions when Congress adjourns appropriations bill,
permanent character and those involving during the period given to without vetoing the entire
arrangements of more the president to approve legislative package
or less temporary or reject a bill
nature
Q: What is the prevailing rule regarding treaty why was the Congressional pork barrel declared
withdrawal? unconstitutional?
A: The President does not have absolute A: The President cannot exercise his item-veto
unilateral authority to withdraw from a treaty. power because the purpose of the lump-sum
discretionary budget is still uncertain. Furthermore,
1. The President enjoys some leeway in it cannot be considered an item because an item is
withdrawing from agreements which he or defined in the field of appropriations as the
she determines to be contrary to the particulars, details, distinct and severable parts of
Constitution or statutes. the appropriation or of the bill. (Belgica v. Hon.
2. The President cannot unilaterally withdraw Ochoa, G.R. No. 208566, Nov. 19, 2013)
from agreements which were entered into
pursuant to congressional imprimatur.
When a statute is adopted, the President
cannot withdraw from the treaty being
implemented unless the statute itself is
repealed. (ex. Congress passed R.A 9581
Rome Statute.)
3. The President cannot unilaterally withdraw
from international agreements where the
Senate concurred and expressly declared
that any withdrawal must also be made
with its concurrence. Effecting treaties is a
shared function between the executive
and legislative branches hence the
r with treaties
necessarily includes the power to impose
conditions for its concurrence.
(Pangilinan et. al. v. Cayetano et. al., G.R. No.
238875, G.R. No. 239483 & 240954, March 16,
2021)

J. RULES OF SUCCESSION
Start of Term as of Noon June 30 (Art. VII, Sec.

7):
PRESIDENT VP BOTH
Fails to VP acts as N/A Senate P.

Qualify P or Speaker
acts as P.
Not VP acts as N/A Senate P.

Chosen P or Speaker
acts as P.
Death; P. VP is P. After June Senate P.

Disability 30, Sec. 9 or Speaker
can apply. acts as P.
During or Mid-Term (Sec. 8):

DEATH; P. DEATH; P.
DISABLED; DISABLED;
REMOVAL, RESIGNATION
RESIGNATION
Pres. VP Both Acting Pres.

(Senate
President/
Speaker of the
House)
VP is P. Pres. will Senate P. By law

nominate or
VP from Speaker
Congress acts as P.
(Sec. 9).
---- end of topic ---

V. JUDICIAL DEPARTMENT
JUDICIAL POWER CONGRESSIONAL
TO REVIEW POWER TO
A. JUDICIAL POWER
REVOKE
Q: Can the court exercise judicial power when Court can only refer to Congress may take
there is no applicable law? information available into consideration:
No. In a number of cases decided, the Supreme to the President prior Data available to
court ruled that the exercise of judicial power to or at the time of the the President
when there is no applicable law is not declaration prior to or at the
authorized. time of the
The court has no authority to entertain an action Court is not allowed to declaration and
for judicial declaration of citizenship because undertake an Events
there was no law authorizing such proceeding independent supervening the
(Channie Tan v. Republic, G.R. No. L-14159, investigation beyond declaration
April 18, 1960). the pleadings
An award of honors to a student by a board of
teachers may not be reversed by a court where Does not look into the Can probe further and
the awards are governed by no applicable law absolute correctness deeper, can delve into
(Santiago Jr. v. Bautista, G.R. No. L-25024, of the factual basis accuracy of facts
March 30, 1970). presented before it
Courts cannot reverse the award of a board of
judges in an oratorical contest (Felipe v. Passive power Automatic
Leuterio, G.R. No. L-4606, May 30, 1952).
Initiated by filing of a May be activated by
Congress itself at any
appropriate time after the
jurisdiction to determine the sufficiency of the
proclamation or
factual basis for the declaration of martial law
citizen suspension was
and the suspension of the privilege of the writ of
made
habeas corpus by the President?
A: It is sui generis and granted by Sec. 18, Art. VII (Lagman v. Medialdea, G.R. No. 231658, July 4,
of the Constitution which provides that in case of 2017)
invasion or rebellion, when public safety requires it,
the President may, for a period not exceeding 60 B. JUDICIAL REVIEW
days suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof 1. REQUISITES
under martial law. It does not stem from Sec. 1 or 5
of Art. VIII. (Lagman v. Medialdea, G.R. No. 231658, Q: What are the requisites for judicial review?
July 4, 2017)
(1) There must be a judicial case ripe for
adjudication;
power to review the declaration of Martial Law or
suspension of the privilege of the writ of habeas (2) Raised by the proper party party must have
corpus? locus standi
A: It is limited to a determination of the sufficiency
of the factual basis of such declaration or (3) Raised at the earliest opportunity
suspension. (Lagman v. Medialdea, G.R. No.
231658, July 4, 2017) (4) Decision on the constitutional question must be
determinative of the case itself; it is the lis mota
Q: Differentiate the judicial power to review the
sufficiency of the factual basis for the 2. POLITICAL QUESTION DOCTRINE
declaration of martial law and the suspension of
the privilege of writ of habeas corpus from the
congressional power to revoke such declaration A: It is a question, the resolution of which has been
and suspension. vested by the Constitution exclusively:
1. In the people, in the exercise of their
sovereign capacity, or
2. In which full discretionary authority has
been delegated to a co-equal branch of the

Government. (Tanada v. Cuenco, G.R. No. 3. Manner of forming the Commission on

L-10520, 1957). Appointments (Guingona v. Gonzales, G.R. No.
106971, October 20, 1992).
Q: Is the judiciary precluded from reviewing 4. Constitutionality of Pork Barrel system (Belgica
v. Ochoa G.R. No. 208566, November 19,
A: No, the 2nd clause of Sec. 1, Art. VIII (the power 2013)
to determine whether or not there has been a grave
Q: Can inferior courts exercise judicial review?
A: Yes. Since the power of judicial review flows from
territory for the courts. The Courts may now judicial power and since inferior courts are
determine whether there has been grave abuse of possessed of judicial power, it may fairly be inferred
discretion amounting to lack or excess of jurisdiction that the power of judicial review is not an exclusive
on the part of any branch or instrumentality of power of the Supreme Court. (Bernas, Commentary,
government. (Francisco v. House of Rep, G.R. No. 2009 ed.).
160261, 2003).
Q: Does the CTA have to power to issue writs of
Q: Is the determination of what constitutes certiorari?
A: Yes. Section 1, Article VIII vests judicial power in
a political question? the Supreme Court and in lower courts established
A: Yes. A determination of what constitutes an by laws. Judicial power includes the determination
impeachable offense is a purely political question, whether there has been grave abuse of discretion
which the Constitution has left to the sound on the part of the government. The CTA has the
discretion of the legislature. (Ma. Merceditas N. judicial power to determine whether the RTC gravely
Gutierrez v. The HOR Committee on Justice, et al., abused its discretion in issuing an interlocutory
G.R. No. 193459, 2011). order in cases falling within its exclusive appellate
jurisdiction (City of Manila v. Grecia-Cuerdo, G.R.
Q: Examples of political questions in No. 175723, 2014).
jurisprudence.
1. 3. MOOT QUESTIONS
suspend a member (there is no procedure for
the imposition of the penalty of suspension nor A: It is one that ceases to present a justiciable
did the 1935 Constitution define what controversy by virtue of supervening events, so that
a declaration thereon would be of no practical value.
discretion of the legislature (Osmeña, Jr. v. As a rule, courts decline jurisdiction over such case
Pendatun, G.R. 17144, 1960). or dismiss it on ground of mootness (Gunsi, Sr. v.
2. Whether the court could intervene in a case Commissioners, The COMELEC, 2009).
where the House of Representatives was said
to have disregarded its own rule. The court was Q: What are the exceptions to the rule that the
held to have been without authority to intervene Courts
(Arroyo v. De Venecia, G.zr. No. 127255, 1. A grave violation of the Constitution
August 14, 1997). 2. The exceptional character of the situation and
3. Recognition of diplomatic immunity paramount public interest is involved
(International Catholic Migration Commission v. 3. A need to formulate controlling principles to
Hon. Calleja, G.R. No. 85750, 1990). guide the bench, the bar and the public; and
1. The fact that the case is capable of repetition
Q: Examples of cases in jurisprudence where yet evading review. (International Service for
there was held to be no political question the Acquisition of Agri-Biotech Applications,
involved. Inc. v. Greenpeace Southeast Asia, G.R. Nos.
1. Apportionment of representative districts 209271, 209276, 209301, and 209430, July 26,
(because there are constitutional rules 2016).
governing apportionment) (Avelino v. Cuenco,
G.R. No. L-2821, March 4, 1949). Q: Respondent Z filed a Petition for Writ of
2. Suspension of the privilege of the writ of habeas
Kalikasan alleging that the Bt Talong filed trials
corpus is not a political question because the violated their constitutional right to health and a
Constitution sets limits to executive discretion balance ecology considering that the
on the matter (Montenegro v. Castañeda, G.R. Environmental Compliance Certificate (ECC)
No. L-4221, August 30, 1952). was not secured prior to the field trial, the

required public consultations under the Local Products, Inc. v. FertiPhil Corporation, G.R. No.
Government Code were not complied with. 166006, 2008).
However, the petitioners in this case argue that It should also not be applied if it will be
the case should be dismissed for mootness in iniquitous and would send a wrong signal that
view of the completion and termination of the BT an act may be justified when based on an
Along field trials and the expirations of the unconstitutional provision. Simply put, it will not
Biosafety Permits. Moreover, DAO 08-2002 has be applied if it will result to injustice. (Phil.
already been superseded by JDC 01-2016.Does Coconut v. Republic, G.R. Nos 177857-58,
the case fall under the exception to the general 2012).
rule that the Court may only adjudicate actual,
ongoing controversies (PERLAS BERNABE)?
Q: Can an administrative practice be the basis
A: No. Case law states that the Court will decide for applying the operative fact doctrine?
cases, otherwise moot, if: first, there is a grave A: No. The doctrine of operative fact states that a
violation of the Constitution; second, the exceptional judicial declaration of invalidity may not necessarily
character of the situation and the paramount public obliterate all the effects of a void act prior to the
interest are involved; third, when the constitutional declaration. For the operative fact doctrine to apply,
issue raised requires formulation of controlling there must be a law or an executive issuance
principles to guide the bench, the bar, and the invalidated by the court. Its effect, when relied upon
public; and fourth, the case is capable of repetition by the public in good faith, may have to be
yet evading review. recognized as valid. (CIR v. San Roque Power
Corporation, G.R. No. 187485, 2013).
The petition for writ of Kalikasan was rendered moot
by the expiration of biosafety permits and field trials. Q: How was the operative fact doctrine applied
In the absence of warranted exceptions, the Court to the DAP?
should not decide non-justiciable questions. 1.
(International Service for the Acquisition of Agri- include any and all acts of the Executive,
Biotech Applications, Inc. v. Greenpeace Southeast including those that are quasi legislative and
Asia, G.R. Nos. 209271, 209276, 209301, and quasi-judicial in nature. It is not confined to
209430, July 26, 2016). statutes and rules and regulations issued by the
executive department or those which are quasi-
4. OPERATIVE FACT DOCTRINE legislative in nature. Thus, it applies to the DAP
(which was a mere program of the DBM).
The DAP itself, as a policy, transcended a
A: When the assailed legislature act or executive act merely administrative practice especially
is found by the judiciary to be contrary to the after the Executive, through the DBM,
Constitution, it is null and void. However, the actual implemented it by issuing various
existence of a statute prior to such determination is memoranda and circulars.
an operative fact and may have consequences 2. This doctrine, in the interest of justice and
which cannot be erased by a new judicial equity, can be applied liberally and in a broad
declaration. Thus, for a period of time such statute, sense to encompass said decisions of the
executive branch.
The DAP resulted to public infrastructure.
(CIR v. San Roque Power Corporation, G.R. No. Not to apply the doctrine of operative fact to
187485, 2013). the DAP could literally cause the physical
undoing of such worthy results by
Q: When is the operative fact doctrine not destruction, and would result in most
applicable? undesirable wastefulness.
Operative fact doctrine cannot be invoked if it 3. However, the OFD applies ONLY to the
will constitute an unjust enrichment. In the case programs, activities, and projects that can no
of Planters v. Fertiphil, the tax on fertilizers had longer be undone, and whose beneficiaries
already been collected and applied to a private relied in good faith on the validity of the DAP,
co but CANNOT apply to the authors, proponents
law imposing the tax. If the operative fact and implementors of the DAP, unless there are
doctrine would be applied in this case it would concrete findings of good faith in their favor by
sanction the enrichment of the Planters Product the proper tribunals determining their criminal,
at the expense of the Fertiphil. (Planters civil, administrative and other liabilities.

Note however that the presumption of

good faith was not removed; there must D. APPOINTMENTS TO THE JUDICIARY
first be a factual determination of the guilt
of the authors. Complainants has burden 1. QUALIFICATIONS
of proof; presumption of GF still stands.
(Araullo v. Aquino III, G.R. No. 209287, Q: What are the qualifications for appointment
2014). in the Courts?
C. JUDICIAL INDEPENDENCE AND LOWER

FISCAL AUTONOMY COLLEGIATE
LOWER NON-
SUPREME COURTS (CA,
COLLEGIATE
JUDICIAL AND BAR COUNCIL COURT CTA,
COURTS
SANDIGANBAYA
Q: What happens if the President is not satisfied N)
with the list submitted by the JBC?
A: He may ask for another list. But once the Natural-born citizen of the Citizen of the
appointment is issued by the President and Philippines Philippines
accepted by the nominee, it needs no further (may be
confirmation. naturalized)
Q: Can both a senator and congressman sit in

the JBC as representatives of Congress? At least 40 Possesses other qualifications
No. There is only one representative of congress years old prescribed by Congress
entitled to one vote in the JBC. Congress chooses
whether the JBC representative shall come from the
Senate or the House or Representatives. (Chavez At least 15 Member of the Philippine Bar
v. JBC, G.R. No. 202242, 2013). years of
experience
Q: Is the JBC required to hold hearings on the as a judge
qualifications of nominees? or in the
A: No. The process by which an on objection is practice of
made based on Sec 2, Rule 10 of JBC-009 is not law in the
judicial, quasi-judicial, or fact finding because it does Philippines
not aim to determine guilt or innocence akin to a
criminal or administrative offense. Rather, it is to
ascertain the fitness of an applicant vis-a-vis the A person of proven competence, integrity, probity,
requirements for the position. Even if proceedings and independence
before the JBC are sui generis, due process still
applies (Jardaleza v. Chief Justice Sereno G.R. No.
Lower Non-Collegiate Courts
213281, Aug 19, 2014)
RTC MTC
Q: The JBC sorted Sandiganbayan Associate
Justice nominees in 6 clusters. The President At least 35 years old At least 30 years old
appointed 2 nominees belonging in one cluster.
The other nominees argued that the President Engaged for at least 10 Engaged for at least 5
could only choose 1 nominee from each of the years in the practice of years in the practice of law
separate six shortlists or clusters provided by law in the Philippines or in the Philippines or
the JBC. Is the clustering of nominees by JBC
unconstitutional? Has held public office in Has held public office in the
A: Yes. It is unconstitutional. The JBC, in sorting the the Philippines Philippines requiring
qualified nominees into six (6) clusters, one for requiring admission to admission to the practice of
every vacancy, could influence the appointment the practice of law as a law as a requisite
process beyond its constitutional mandate of requisite
recommending qualified nominees to the President.
Clustering
Term (Phil. Const., art. VIII, § 11.)
appointment, as well as restricts the chances for
Members of the Supreme Court and judges of the
appointment of the qualified nominees. (Aguinaldo
lower courts hold office during good behavior until:
v. Aquino, G.R. No. 224302, 2017). 1. The age of 70 years old

2. They become incapacitated to 2. Orders

discharge their duties 3. Proclamations
4. Ordinances
Q: What is the composition of the Judicial and 5. Other regulations
Bar Council? 6. Instructions
1. Chief Justice, as ex-officio chairman 3. All cases required to be heard en banc under
2. Secretary of Justice, as ex-officio member the Rules of Court
3. Representative of Congress, as ex-officio 4. Appeals from Sandiganbayan and from the
member Constitutional Commissions
4. Representative of the Integrated Bar 5. Cases heard by a division where required
5. A professor of law majority of 3 was not obtained
6. A retired member of the Supreme Court 6. Cases where SC modifies or reverses a
7. Private sector representative (Phil. Const., art. doctrine or principle of law laid down by the SC
VIII, § 8.) en banc or by a division
7. Administrative cases to discipline or dismiss
Q: Who are the regular members of the JBC? judges of lower courts
A: The last four in the enumeration above are the 1. Election contests for President and Vice-
regular members of the JBC. President (i.e., the Presidential Electoral
Tribunal). (Sec. 4, Art. VIII).
The President, with the consent of the Commission
on Appointments, appoints regular members who NOTE: Other cases outside the enumeration are
serve for 4 years, in staggered terms. (Phil. Const., heard in Division and decided or resolved with the
art. VIII, § 8(2).) concurrence of a majority of the members who
actually took part in the deliberations on the issues
They shall receive such emoluments as may be and voted thereon, but in no case without the
determined by the Supreme Court. (Phil. Const., art. concurrence of at least 3 such members. (Sec. 4,
VIII, § 8(4).) Art. VIII).
Q: What are the incidental functions of the Q: Is a law fixing the passing grade in the Bar
Judicial and Bar Council? examinations at 70%, with no grade lower than
A: The functions of searching, screening, and 40% in any subject is constitutional?
selecting are necessary and incidental to the JBC's A: No. Such law entails amendment of the Rules of
principal function of choosing and recommending Court promulgated by the Supreme Court. The
nominees for vacancies in the judiciary for Constitution has taken away the power of Congress
appointment by the President. In carrying out its to alter the Rules of Court. The law will violate the
main function, the JBC has the authority to set the principle of separation of powers. (In Re: Cunanan,
standards/criteria in choosing its nominees for 94 Phil. 534, 1954).
every vacancy in the judiciary, subject only to the
minimum qualifications required by the Constitution What are the requisites for a 3rd party to file a
and law for every position. (Villanueva v. JBC, G.R. case?
No. 211833, April 7, 2015) 1. The litigant must have suffered an injury-in-fact,
thus giving him or her a "sufficiently concrete
E. THE SUPREME COURT interest" in the outcome of the issue in dispute;
(COMPOSITION, POWERS, AND 2. The litigant must have a close relation to the
FUNCTIONS) third party; and
3. There must exist some hindrance to the third
party's ability to protect his or her own
EN BANC AND DIVISION CASES
interests. (White Light v. City of Manila, G.R.
No. 122846, 2009).
Q: What cases must be decided by the SC en
banc? (LIT)
1. All cases involving constitutionality of a: --- end of topic ----
Code:
1. Law
2. International or executive agreement
3. Treaty
2. All cases involving the constitutionality,
application or operation of: (POPORI)
1. Presidential decrees

VI. CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS its workability?

A: The first appointees shall serve terms of 7, 5 and
Q: What are the institutional safeguards to 3 years, respectively. After the first commissioners
guarantee the independence of the are appointed, the rotational scheme is intended to
Constitutional Commissions? prevent the possibility of one President appointing
1. They are constitutionally created, may not be all the Commissioners. (Funa v. The Chairman,
abolished by statute. G.R. No. 192791, 2012).
2.
3. Each is conferred certain powers and functions The 2 conditions for its workability are:
by the Constitution which cannot be reduced by 1. The terms of the First Chairman and
statute. Commissioners should start on a common
4. The Chairmen and members cannot be date, irrespective of variation of dates of
removed, except by impeachment. their appointments and qualifications; and
5. The chairmen and the members are given a 2. Any vacancy due to the death, resignation
fairly long term of office of 7 years. or disability before the expiration of the term
6. The Chairmen and members may not be re- should be filled only for the unexpired
appointed or appointed in an acting capacity. balance of the term. (Funa v. The
7. The salaries of the Chairmen and members are Chairman, G.R. No. 192791, 2012).
relatively high and may not be decreased during
continuance in office. Q: What constitutional offices does the
8. The Commissions enjoy fiscal autonomy (Sec. rotational scheme of appointments apply?
5, Art. IX-A). 1. Civil Service Commission
9. Each Commission en banc may promulgate its 2. Commission on Elections
own procedural rules, provided they do not 3. Commission on Audit
diminish, increase or modify substantive rights 4. Judicial and Bar Council (Funa v. The
(Sec. 6, Art. IX-A) Chairman, G.R. No. 192791, 2012).
10. The Chairmen and members are subject to
certain disqualifications calculated to B. POWERS, FUNCTIONS, AND
strengthen their integrity. JURISDICTION
The Commissions may appoint their own officials
and employees in accordance with Civil Service 1. The Civil Service Commission
Law. (Nachura, Reviewer in Political Law, p. 325).
Q: What is the covered by the Civil Service
Q: What are the inhibitions/ disqualifications? Commission? (BIGAS)
1. Shall not, during tenure, hold any other office or 1. Branches
employment 2. Instrumentalities
2. Shall not engage in the practice of any 3. GOCCs with original charters
profession 4. Agencies of the government
3. Shall not engage in the active management or 5. Subdivisions
control of any business which in any way may
be affected by the functions of his office NOTE:
4. Shall not be financially interested, directly or 1.
indirectly in any contract with, or in any GOCC was created by special law or by
franchise or privilege granted by the Congress
Government or any of its subdivisions, agencies 2. If incorporated under the Corporation
or instrumentalities, including GOCCs or their Code, it does not fall within the Civil Service
subsidiaries. (Sec.2, Art. IX). and is not subject to the CSC jurisdiction
3. If previously government-controlled, but is
Q: In case of conflict between a rule of later privatized, it ceases to fall under CSC
procedure promulgated by a Commission and a 4. Jurisdiction is determined as of the time of
Rule of Court, which prevails? filing the complaint. (PNOC v. NLRC, G.R.
A: It depends upon the venue. The rule of the No. 79182, 1991).
commission shall prevail if the proceeding is before
a commission, But if before a court, the Rules of
Court prevail. (Aruelo Jr. v. CA, G.R. No 107852,
1993).

Q: May the CSC disallow an appointment to a Q: Are individuals occupying non-competitive

position authorized by law but not included in position covered by the guarantee of security of
the Index of Occupational Service? tenure?
A: No. Although the CSC rules limit appointments to A: They are covered by the guarantee of security of
positions within the Index of Occupational Service, tenure but the termination of their official relation can
nevertheless, it is also bound to implement the laws be justified on the ground of loss of confidence
it is tasked to enforce. RA 8494 exempted the Trade because in that case their cessation from office
and Investment Corporation from conforming to the involves no removal but the expiration of the term of
position classification, thus, the appointment made office. (Tanjay v. Quinit, G.R. No. 160502, April 27,
even not within the index is still valid (Trade and 2007).
Investment v. CSC, G.R.No.182249, 2013).
Q: May the CSC terminate the employment of a A: The phrase involves any form of solicitation of the
civil servant?
A: No, the CSC is not a co-manager or surrogate this does not prevent the expression of views on
administrator of government offices and agencies. current political problems or issues, or mention of
Its functions and authority are limited to approving the names of candidates for public office whom the
or reviewing appointments to determine their public officer supports. (Gonzales v. Comelec, G.R.
compliance with requirements of the Civil Service No. L-27833, 1969).
Law. On its own, the Commission does not have the
power to terminate employment or drop members Q: Who are exempt from the prohibition on
from the rolls. (UP and Torres v. CSC, G.R. No. engaging in electioneering and partisan political
132860, Apr. 3, 2001 citing Chang v. CSC, G.R. No. campaign?
86791, 1990). A: Exempt from this provision are members of the
Cabinet and public officers and employees holding
Q: What is the concept of security of tenure in political offices. (Santos v. Yatco, G.R. No. L-16133,
the Civil Service Law? 1959).
A:
be removed or suspended except for cause Q: Section 7, Article IX- ve
(Section 2(3), Article IX-B). official shall be eligible for appointment or
designation in any capacity to any public office
Q: What are the classes of non-competitive
positions? absolute? What are the exceptions, if any?
1. Policy determining A: It is not absolute. The Vice President may be
Where the officer lays down principal or appointed member of the Cabinet and a member of
fundamental guidelines or rules or Congress is designated to sit in the Judicial and Bar
formulates a method of action for Council. The Senate President is also the ex-officio
government or any of its subdivisions. E.g. chairman of the Commission on Appointments.
department head. (Nachura)
2. Primarily confidential Q: The Civil Service Commission took back up
A position is considered primarily files in the computer of an employee to
confidential if the nature of the office determine if he was acting as counsel for
requires close intimacy between the employees with cases before the commission. Is
appointee and appointing authority which this valid?
insures freedom of intercourse without A: No. To determine whether an employee has a
embarrassment or freedom from misgiving reasonable expectation of privacy, the following
of betrayal of personal trust on confidential
matters of state. relationship to the item seized; (2) Whether the item
3. Highly technical was in the immediate control of the employee; (3)
It means something beyond the ordinary Whether the employee took actions to maintain his
requirements of the profession. Hence, its privacy in the item.
determination is always a question of fact.
(CSC v. Javier, G.R. No. 173264, 2008). The Supreme Court declared that the employee did
not have a reasonable expectation of privacy over
the computer files in view of the following facts: (1)
government, and could be used only for government

business, (2) There was a memo policy restricting

use of the computer expressly stating that the use i. Elective municipal officials decided
of password does not imply privacy, and (3) She by trial courts of general
allowed other people to access the computer; and jurisdiction
(4) There is reasonable ground for suspecting the i. Elective barangay officials
computer files will produce evidence of the decided by trial courts of limited
misconduct of the employee. (Pollo v. Constantino- jurisdiction. (Article IX-C, Sec. 2
David, G.R. No. 181881, 2011) (2)).
c. Decisions, final orders, or rulings of the
2. The Commission on Elections COMELEC contests involving elective
municipal and barangay offices shall be
Q: What are the powers and functions of the final, executory, and not appealable. (Art.
COMELEC? IX-C, Sec. 2(2)).
1. Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite, EXCEPTION:
initiative, referendum, and recall. (Sec. 2(1), Art. May be appealed to the SC EN BANC on
IX). questions of law.
E.g. COMELEC can enjoin construction of When the decision is brought on a special
public works within 45 days of an election. civil action for certiorari, prohibition, or
mandamus under Rule 65 for grave abuse
The COMELEC can take cognizance of any of discretion under Article IX-A Section 7.
question on the conduct of plebiscite such as to
correct or check what the Board of Canvassers d. Contempt powers
erroneously or fraudulently did during the i. COMELEC can exercise this power
canvassing, verify or ascertain the results of the only in relation to its adjudicatory or
plebiscite either through pre pre-proclamation quasi-judicial functions. It CANNOT
case or through revision of ballots. (Buac v. exercise this in connection with its
Comelec, G.R. No. 155855, 2004). purely executive or ministerial
functions.
The power of the COMELEEC to ascertain the If it is a pre-proclamation
results of the plebiscite is implicit in the power controversy, the COMELEC
to enforce all laws relative to the conduct of exercises quasi-judicial or
plebiscite. (Buac v. Comelec, G.R. No. 155855, administrative powers. (Sandoval
2004). v. COMELEC, G.R. No. 133842,
2000).
COMELEC can take jurisdiction over cases
involving party identity and leadership or proclamation) is in exercise of its
controversy as to leadership in the party. Such judicial functions. (Article IX-C,
jurisdiction is sourced from the general power of Sec. 2(2)).
the Commission to administer laws and rules e. Issue writs of certiorari, prohibition and
involving the conduct of election. mandamus in the exercise of its appellate
jurisdiction.
2. Exercise
a. Exclusive original jurisdiction over all 1. Decide, except those involving the right to vote,
contests relating to the elections, returns, all questions affecting elections, including
and qualifications of all elective regional, determination of the number and location of
provincial and city officials. polling places, appointment of election officials
Election contests in the Sangguniang and inspectors, and registration of voters. (Art.
Kabataan (SK) are under the original IX-C, Sec. 2(3)).
jurisdiction of the MTC, and its NOTE: These petitions are cognizable by the
appellate jurisdiction over the Regular Courts (MTC).
decisions of the MTC is under the
COMELEC. (Fernandez v. COMELEC, 2. Deputize, with the concurrence of the President,
G.R. No. 176296, 2008) law enforcement agencies and instrumentalities
b. Appellate jurisdiction over all contests of the Government, including the Armed Forces
involving: of the Philippines, for the EXCLUSIVE
PURPOSE of ensuring free, orderly, honest,

peaceful, and credible elections. . (Art. IX-C, violation or disregard of, or disobedience to its
Sec.2 (4)). directive, order, or decision. (Art. IX-C
NOTE: Sec.2(8)).
1. This power is NOT limited to the election
period. 9. Submit to the President and the Congress a
2. Applies to both criminal and administrative comprehensive report on the conduct of each
cases. (Ejercito v. COMELEC, G.R. No. election, plebiscite, initiative, referendum, or
212398, 2004). recall. (Art. IX-C Sec.2(9)).
5. Register political parties, organizations, or Q: What is the vote requirement for a valid
COMELEC en Banc resolution?
Commission on Elections. (Art. IX-C, A: A majority of the votes, or 4 votes. If the six
Sec.2(5)). members are evenly divided, the Commission on
NOTE: Elections should rehear the case (Sevilla v.
1. Political parties, etc. must present their COMELEC, G.R. 203833, 2013).
platform or program of government.
2. There should be sufficient publication. Q: What political parties and organizations may
3. Groups that cannot be registered: not be registered?
i. Religious denominations/ sects 1. Religious denominations/ sects
ii. Those that seek to achieve their goals 2. Those that seek to achieve their goals
through violence or unlawful means through violence or unlawful means
iii. Those that refuse to uphold and 3. Those that refuse to uphold and adhere to
adhere to the Constitution the Constitution
i. Those supported by any foreign 4. Those supported by any foreign
government e.g., receipt of financial government e.g., receipt of financial
contributions related to elections contributions related to elections (Art. IX-C
Sec.2(5)).
6. FILE, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or Q: Powers not given to COMELEC.
exclusion of voters; investigate and, where 1. Decide questions involving the right to vote
appropriate, prosecute cases of violations of (placed under jurisdiction of courts) (Art. IX-C
election laws, including acts or omissions Sec. 2(3); Sec. 33, R.A. No. 8189);
constituting elections frauds, offenses and 2. Transfer municipalities from one congressional
malpractices. (Art. IX-C, Sec.2(6)). district to another for the purpose of preserving
NOTE: proportionality. (Montejo v. COMELEC, G.R.
1. COMELEC has EXCLUSIVE No. 118702, 1995).
JURISDICTION to investigate and
prosecute cases for violations of election Q: Can the COMELEC disqualify candidates who
laws. cannot wage a nationwide campaign and are not
2. COMELEC can deputize prosecutors for nominated by a political party as candidates in
this purpose. The actions of the elections?
prosecutors are the actions of the A: Yes. The equal access to opportunities for public
COMELEC. office under Article II is not self-executory. It neither
3. COMELEC can conduct preliminary bestows a right nor elevates the privilege to the level
investigation on election cases falling within of an enforceable right. Such privilege may be
its jurisdiction subjected to limitations. (Chavez v. COMELEC,
G.R. No. 161872, April 13, 2004)
7. Recommend to the Congress effective
measures to minimize election spending, 3. The Commission on Audit
including limitation of places where propaganda
materials shall be posted, and to prevent and Q: What are the powers and duties of the COA?
penalize all forms of election frauds, offenses, 1. Examine, audit, and settle all accounts
malpractices, and nuisance candidacies. (Art. pertaining to:
IX-C Sec.2(7)). 1. Revenue and receipts of funds or property
2. Expenditures and uses of funds or property
8. RECOMMEND to the President the removal of owned or held in trust by, or pertain to:
any officer or employee it has deputized, or the I. The Government
imposition of any other disciplinary action, for

II. Any of its subdivisions, agencies or Q: A was a career ambassador when he

instrumentalities accepted an ad interim appointment as Cabinet
I. GOCCs with original charters. (Art. IX- member. The COA bypassed his ad interim
D, Sec. 2(1)). appointment, however, and he was not
reappointed. Can he re-assume his position as a
COA is endowed with enough latitude to career ambassador?
determine, prevent and disallow irregular, No. His ad interim appointment as a Cabinet
unnecessary, excessive, extravagant or member was a permanent appointment. He
unconscionable expenditures of abandoned his position as Ambassador when he
government funds. In resolving cases accepted his appointment as Cabinet Member
brought before it on appeal, respondent because as Cabinet Member, he could not hold any
COA is not required to limit its review only other office during his tenure.
to the grounds relied upon by a government
JURISDICTIONS
certain disbursements of public funds. In
consonance with its general audit power, Q: Does the COMELEC have jurisdiction over
respondent COA is not merely legally intra-party disputes?
permitted, but is also duty-bound to make A: -party
its own assessment of the merits of the disputes is limited. It does not have blanket authority
disallowed disbursement and not simply to resolve any and all controversies involving
restrict itself to reviewing the validity of the political parties. Political parties are generally free to
ground relied upon by the auditor of the conduct their activities without interference from the
government agency concerned. To hold state. The COMELEC may intervene in disputes
internal to a party only when necessary to the
constitutional power unduly limited and discharge of its constitutional functions.
thereby useless and ineffective. (Yap v.
Commission on Audit, G.R. No.158562, -party
2010). leadership disputes has already been settled by the
Court. The Court ruled in Kalaw v. COMELEC that
2. Conduct post-audit with respect to the following:
a. Constitutional bodies, commissions, and Section 2, Article IX-C of the Constitution, include
offices granted fiscal autonomy the ascertainment of the identity of the political party
b. Autonomous state colleges and universities and its legitimate officers responsible for its acts.
c. GOCCs and their subsidiaries incorporated
under the Corporation Code to register political parties necessarily involved the
a. Non-governmental entities receiving determination of the persons who must act on its
subsidy or equity, directly or indirectly, behalf. Thus, the COMELEC may resolve an intra-
from or through the government, which party leadership dispute, in a proper case brought
are required by law the granting institution before it, as an incident of its power to register
to submit to such audit. (Art. IX-D, political parties. (Matias v. COMELEC, G.R. No.
Sec.2(1)). 188920, 2010).
Q: Classify the functions of the COA. Q: Is the election of Sangguniang Kabataan (SK)
1. Examine and audit all of government revenues members within the jurisdiction of the
2. Examine and audit all forms of government COMELEC?
expenditures A: No, the conduct of election, and contests
3. Settle government accounts involving the election of SK officials do not fall within
4. Promulgate accounting and auditing rules the jurisdiction of COMELEC. Thus, it was within the
including those for the prevention and authority of the DILG Secretary to exempt a local
disallowance of irregular, unnecessary, government unit from holding SK elections. (Alunan
excessive, extravagant or unconscionable v. Mirasol, G.R. No. 122250 & 122258, July 21,
expenditures. 1997).
1. Decide administrative cases involving
expenditures of public funds However, it should be noted that before
proclamation, cases concerning eligibility of SK
officers and members are cognizable by the Election
Officer which is under the DILG. But after the
election and proclamation, the same cases become

quo warranto cases cognizable by MTCs, MCTCs, attached to the Department of Education Culture
and MeTCs. (Marquez, v. COMELEC, G.R. No. and Sports pursuant to its Charter and the
127318, 1999). Administrative Code of 1987.
Q: Does the COA have jurisdiction over the It is not a private corporation which is required to be
Local Water Utilities Administration? owned or controlled by the government and be
A: Yes. A water district is a GOCC with a special economically viable to justify its existence under a
charter. Under Section 2, Subdivision D, Article IX special law. The economic viability test would only
of the 1987 Constitution, it is the mandate of the apply if the corporation is engaged in some
COA to audit all government agencies, including economic activity or business function for the
GOCCs with original charters. (Barbo v. COA G.R. government, which is not the case for
No. 157542, 2008) BSP. Therefore, being a public corporation, the
funds of the BSP fall under the jurisdiction of the
If COA finds the internal control system of audited Commission on Audit. (Boy Scouts of the
agencies inadequate, COA may adopt measures, Philippines v. COA, G.R. No. 177131, 2011)
including temporary or special pre-audit, as
necessary to correct deficiencies. (Art. IX-D, Q; Is the Manila Economic and Cultural Office
Sec.1(1)). subject to audit by the COA?
Yes, it is subject to the audit by COA for the consular
Keep the general accounts of the government, A: fees and verification fees it collects because
preserving vouchers and other supporting papers these are government funds.
pertaining thereto. (Art.IX-D, Sec. 2(1)).
MECO is sui generis. It was established when the
Philippines severed diplomatic relations with Taiwan
audit and examination and to establish the upon recognition of China. None of its members are
techniques and methods required. (Art.IX-D, Sec. government officials. It is neither a GOCC nor an
2(2)). instrumentality. Its functions are of a kind that would
otherwise be performed by the diplomatic and
Promulgate accounting and auditing rules and consular offices of the Philippines.
regulations:
1. Including those for the prevention or Although MECO is neither a GOCC nor a
disallowance of irregular, unnecessary, government instrumentality and despite its non-
excessive, extravagant, or unconscionable governmental character, MECO handles
expenditures of government funds and government funds in the form of the "verification
properties. fees" it collects on behalf of the DOLE and the
2. Failure to comply with these rules can be a "consular fees" it collects under Section 2(6) of EO
ground for disapproving the payment of a No. 15, s. 2001. Hence, under existing laws, the
proposed expenditure. (Caltex v. COA, accounts of the MECO pertaining to its collection of
G.R. No. 92585, 1992). such "verification fees" and "consular fees" should
be audited by the COA. (Funa v. MECO, G.R. No.
193462, 2014).
Q: Do the Boy Scouts of the Philippines (BSP)
Q: Are water districts within the coverage of the
A: Yes. The Supreme Court held that not all COA?
corporations, which are not government owned or A: Yes. A water district is a GOCC with a special
controlled, are ipso facto private corporations as charter since it is created pursuant to a special law.
there exists another distinct class of corporations or Thus, COA has the authority to investigate whether
chartered institutions which are otherwise known as directors, officials or employees of GOCCs receiving
e corporations are allowances and bonuses are entitled to such
treated by law as agencies or instrumentalities of the benefits under applicable laws. (Zamboanga Water
government which are not subject to the tests of District v. COA, G.R. No. 213472, 2016).
ownership or control and economic viability but to a
different criteria relating to their public Q: Can COA disallow TESDA from paying a
purposes/interests or constitutional policies and healthcare allowance to their employees?
objectives and their administrative relationship to A: Yes. TESDA is a government instrumentality,
the government or any of its departments or offices. and thus, under the coverage of COA. COA is
As presently constituted, the BSP is a public generally accorded complete discretion in the
corporation created by law for a public purpose, exercise of its constitutional duty and responsibility

to examine and audit expenditures of public funds. Q: Who has jurisdiction to determine the
Only in instances when COA acts without or in
excess of jurisdiction or with grave abuse of A: The finding of probable cause and the
discretion amounting to lack or excess of jurisdiction prosecution of election offenses rest in the
shall the Court interfere. (TESDA v. COA, G.R. No. (Baytan v.
196418, Feb 10, 2015). COMELEC G.R. No. 153945, Feb 4, 2003).
C. COMPOSITION AND QUALIFICATIONS The Chief State Prosecutor, who may have been
OF MEMBERS designated by the COMELEC to prosecute a
criminal action, merely derives his authority from the
COMPOSITION COMELEC. It is beyond his power to oppose the
A chairman and 2 commissioners appeal made by COMELEC. (Comelec v. Silva,
G.R. No. 129417, 1998).
QUALIFICATIONS
1. Natural-born citizens of the Philippines; Q: How is judicial review of COMELEC decisions
2. At the time of their appointment, at least 35 invoked?
years of age A: A petition for certiorari via Rule 65 of the ROC is
3. With proven capacity for public filed with the SC within 30days from receipt of a copy
administration; and of a final order, ruling, or decision of the Commission
4. Must not have been candidates for any en banc. (Aratuc v. Comelec, G.R. No. L-49705-09,
elective position in the election immediately 1979).
preceding their appointment
--- end of topic ---
D. PROHIBITED OFFICES AND
INTERESTS
No member of a Constitutional Commission shall,

during his tenure:
1. Be financially interested, directly or
indirectly, in any contract with, or in any
franchise or privilege granted by the
Government, any of its subdivisions,
agencies or instrumentalities
2. Engage in the Practice of any profession;
3. Engage in the active management and
control of any business which in any way
may be affected by the functions of his
office; and
4. Hold any other Office or Employment;
E. JUDICIAL REVIEW OF FINAL ORDERS,

RESOLUTIONS, AND DECISIONS OF
CONSTITUTIONAL COMMISSIONS
What cases decided by COMELEC are subject to

judicial review?
A: Decisions or determinations by COMELEC in the
exercise of its administrative (not quasi-judicial)
power may be questioned in an ordinary civil action
before the trial court. (Filipinas Engineering &
Machine Shop v. Ferrer, G.R. No. L-31455, 1985).
If the COMELEC, in deciding a case, is exercising

quasi-judicial functions, the remedy is to go to the
Supreme Court via Rule 65 (Rule 64, Rules of
Court).

character are to be filed. According to the UP Law

VII. BILL OF RIGHTS
rules and regulations, interpretative regulations and
A. DUE PROCESS those merely internal in nature, that is, regulating
only the personnel of the Administrative agency and
Q: Who are protected by Due Process? not the public, need not be filed with the UP Law
1. All natural persons Center. (The Board of Trustees of the GSIS v.
2. Artificial persons - only insofar as their property is Velasco, G.R. No. 170463, 2011)
concerned (Smith Bell & Co. v. Natividad, (G.R.
No. 15574, 1919). Q: What are the three (3) tests of judicial scrutiny
to determine reasonableness of classifications
Q: What is Procedural Due Process? made by statutes or ordinances?
A: Procedural due process refers to the procedures 1) Strict Scrutiny Test - The focus is on the
that the government must follow before it deprives a presence of compelling, rather than substantial,
person of life, liberty, or property. Procedural due governmental interest and on the absence of less
process concerns itself with government action restrictive means for achieving that interest. In terms
adhering to the established process when it makes of judicial review of statutes or ordinances, Strict
an intrusion into the private sphere. (White Light scrutiny refers to the standard for determining
Corporation v. City of Manila, G.R. No. 122846, the quality and the amount of governmental
2009) interest brought to justify the regulation of
fundamental freedoms. Strict scrutiny is used
The essence of procedural due process is embodied today to test the validity of laws dealing with the
in the basic requirement of [1] notice and [2] a real regulation of speech and race, as well as other
opportunity to be heard. (Vivo v. PAGCOR, G.R. No. fundamental rights as expansion from its earlier
187854, 2013) applications to equal protection. The United
States Supreme Court has expanded the scope of
Q: Is the right to a preliminary investigation a strict scrutiny to protect fundamental rights such as
Constitutional right? suffrage, judicial access and interstate travel. (White
A: No, it is merely a statutory right. It is required Light Corp. v. City of Manila, G.R. No. 122846,
before the filing of a complaint or information for an 2009)
offense where the penalty prescribed by law is at
least 4 years, 2 months and 1 day, without regard to The Strict Scrutiny Test applies when a
the fine. (Serapio v. Sandiganbayan, G.R. No. classification either (i) interferes with the exercise of
148468, 2003). fundamental rights, including the basic liberties
guaranteed under the Constitution, or (ii) burdens
Q: Is publication always required as part of Due suspect classes. (Samahan ng mga Progresibong
Process? Kabataan (SPARK) v. Quezon City, G.R. No.
A: Yes, as a general rule. These requirements of 225442, 2017)
publication and filing were put in place as
safeguards against abuses on the part of lawmakers This is used in cases involving classifications based
and as guarantees to the constitutional right to due on race, national origin, religion, alienage, denial of
process and to information on matters of public the right to vote, interstate migration, access to
concern and, therefore, require strict compliance. courts, and other rights recognized as fundamental.
(Republic v. Pilipinas Shell, G.R. No.173918, 2008) (Bernas, The 1987 Constitution of the Republic of
the Philippines, 2009)
Also, every agency shall file with the Office of the
National Administrative Register (ONAR) in the
University of the Philippines Law Center three (3) EXAMPLE: Curfew ordinance on minors, which
certified copies of every rule adopted by it. Rules in burdens the right to travel, freedom of religion, and
force on the date of effectivity of this Code which are freedom of association, without showing that the
not filed within three (3) months from the date shall curfew is the least restrictive means. (SPARK v.
not thereafter be the basis of any sanction against Quezon City, G.R. No. 225442, 2017)
any party or persons. (Section 3 of Chapter 2, Book
VII of the Administrative Code of 1987) 2) Heightened Or Intermediate Scrutiny Test -
Governmental interest is extensively examined and
However, not all rules and regulations adopted by the availability of less restrictive measures is
every government agency are to be filed with the UP considered. (White Light Corp. v. City of Manila,
Law Center. Only those of general or of permanent G.R. No. 122846, 2009)

The intermediate scrutiny test applies when a of Resolution No. 9615, are not within the
classification does not involve suspect classes or constitutionally delegated power of the
fundamental rights, but requires heightened COMELEC under Section 4, Article IX-C of
scrutiny, such as in classifications based on the Constitution. Also, there is absolutely no
gender and legitimacy. (SPARK v. Quezon City, necessity to restrict the right to free speech of
G.R. No. 225442, 2017) the owners of PUVs and transport terminals.
NOTE: Intermediate test finds its origin from US b) The Diocese of Bacolod v. Commission on
jurisprudence whereby it has treated gender or Elections, G.R. No. 205728, [January 21, 2015],
illegitimacy as a protected class. HOWEVER, the which rendered as unconstitutional the COMELEC
Supreme Court has applied the Intermediate restriction on church tarpaulins with political
Scrutiny Test to regulations or restrictions messages (i.e. Team Patay vs. Team Buhay).
affecting the FREEDOM OF SPEECH AND
EXPRESSION. Some notable cases that applied The COMELEC's act of requiring the removal of the
the "Intermediate Scrutiny Test" to free tarpaulin has the effect of dissuading expressions
speech/expression cases are: with political consequences. These should be
encouraged, more so when exercised to make more
a) 1-UTAK v. COMELEC G.R. 206020, [April 14, meaningful the equally important right to suffrage.
2015], which rendered as unconstitutional the The restriction in the present case does not pass
prohibition on posting campaign materials on public even the lower test of intermediate scrutiny for
utility vehicles and transport terminals during the content-neutral regulations. The action of the
campaign period. COMELEC in this case is a strong deterrent to
further speech by the electorate. Given the stature
A content-neutral regulation, i.e., which is merely of petitioners and their message, there are
concerned with the incidents of the speech, or one indicators that this will cause a "chilling effect" on
that merely controls the time, place or manner, and robust discussion during elections.
under well-defined standards, 16 is constitutionally
permissible, even if it restricts the right to free 3) Rational Basis Test The
speech, provided that the following requisites Supreme Court has often applied
concur: first, the government regulation is within the rational basis test mainly in
the constitutional power of the analysis of equal protection
Government; second, it furthers an important or challenges. Using the rational
substantial governmental interest; third, the basis examination, laws or
governmental interest is unrelated to the ordinances are upheld if they
suppression of free expression; and fourth, the rationally further a legitimate
incidental restriction on freedom of expression governmental interest. (White
is no greater than is essential to the furtherance Light Corporation v. City of Manila,
of that interest. G.R. No. 122846, 2009).
Section 7 (g) items (5) and (6) of Resolution No. The rational basis test applies to all other subjects
9615 (prohibiting the display of campaign materials not covered by the first two tests. (SPARK v.
on PUVs and transport terminals) are content- Quezon City, G.R. No. 225442, 2017)
neutral regulations since they merely control the
place where election campaign materials may be Under the rational basis test (a.k.a. rational
posted. However, the prohibition is still repugnant to relation test or rational basis scrutiny), the Court
the free speech clause as it fails to satisfy all of the shall: (1) discern the reasonable relationship
requisites for a valid content-neutral regulation. between the means and the purpose of the
ordinance; and (2) examine whether the means or
It is conceded that Resolution No. 9615, including the prohibition (e.g. against aerial spraying) is based
the herein assailed provisions, furthers an important on a substantial or reasonable distinction. A
and substantial governmental interest, i.e., ensuring reasonable classification includes all persons or
equal opportunity, time and space among things similarly situated with respect to the purpose
candidates aimed at the holding of free, orderly, of the law. (Mosqueda v. Pilipino Banana Growers
honest, peaceful, and credible elections. It is further & Exporters Association, Inc., G.R. Nos. 189185 &
conceded that the governmental interest in imposing 189305, 2016)
the said prohibition is unrelated to the suppression
of free expression. However, Section 7 (g) items EXAMPLE: The ordinance ban on pesticides
(5) and (6), in relation to Section 7 (f) without distinguishing aerial spraying from ground

spraying was rendered as unconstitutional since 8. Cancellation of the passport of a person

there was no substantial distinction between the charged with a crime.
two. Hence, failing the rational basis test. 9.
(Mosqueda v. Pilipino Banana Growers & Monetary Board upon a prima facie finding of
Exporters Association, Inc., G.R. Nos. 189185 & liquidity problems in such bank.
189305, 2016)
Q: What are the minimum standards of due
Q: What are the elements of due process in process in student disciplinary cases? (IA-IAC)
judicial proceedings? (Ju3NO) 1. The students must be informed in writing of the
1. An impartial court or tribunal clothed with nature and the cause of any accusation against
judicial power to hear and determine the matter them
before it. 2. They shall have the right to answer the charges
2. Jurisdiction must be lawfully acquired over the against them, with the assistance of counsel, if
person or subject matter. desired
3. Judgment must be rendered upon a lawful 3. They shall be informed of the evidence against
hearing. them
4. The defendant must be given notice and an 4. They shall have the right to adduce evidence in
opportunity to be heard. their own behalf
5. The evidence must be duly considered by the
Q: What are the elements of due process in investigating committee or official designated
administrative proceedings? (HIP DESK) by the school authorities to hear and decide the
1. The right to a hearing, which includes the right case.
to present case and submit evidence in
support thereof. Q: Is the Philippine Military Academy (PMA)
2. The tribunal or body or any of its judges must bound by the due process standards in student
act on its or his own independent consideration disciplinary cases?
of the law and facts of the controversy, and not A: Yes. The PMA is not immune from the strictures
simply accept the views of a subordinate in et can be
arriving at a decision. compelled to surrender some civil rights and
3. The decision must be based on the evidence liberties in order for the Code and System to be
presented at the hearing or at least contained in
the record and disclosed to the parties affected. to sacrifice in order to prove that they are men or
4. The decision must have something to support women of integrity and honor, such as the right to
itself. entertain vices and the right to freely choose what
5. The tribunal must consider the evidence they want to say or do. In the context of disciplinary
presented. investigation, it does not contemplate a surrender of
6. Evidence supporting the conclusion must be the right to due process but, at most, refers to the
substantial. lent. (First
7. The board or body should, in all controversial Class Cadet Aldrin Jeff P. Cudia of the PMA v. The
questions, render its decision in such a manner Superintendent of the PMA, G.R. No. 211362,
that the parties to the proceeding can know the February 24, 2015.)
various issues involved and the reasons for the
decision rendered Q. What are the requirements of due process in
deportation proceedings? (SP-CP)
Q: What are the instances when hearings are not 1. Charges against alien must Specify the acts or
necessary? omissions complained of
1. When administrative agencies are exercising 2. Preliminary investigation to determine
their quasi-legislative functions whether there is sufficient cause to charge
2. When administrative agencies are exercising respondent with deportation
their quasi-judicial functions if temporary 3. Follow rules of Criminal procedure
pending hearing. 4. Private prosecutors should NOT be allowed to
3. Abatement of nuisance per se intervene.
4. Granting by courts of provisional remedies
5. Cases of preventive suspension Q: Does media coverage in criminal cases
6. Removal of temporary employees in the violate the right of the accused to a fair trial?
government A: Not necessarily. The right of an accused to a fair
7. Issuance of warrants of distraint and/or levy by trial is not incompatible to a free press, that
the BIR Commissioner. pervasive publicity is not per se prejudicial to the

right of an accused to a fair trial, and that there must affirmed by a former adjudication, is open to inquiry
be allegation and proof of the impaired capacity of a and investigation in the light of changed conditions.
judge to render a bias-free decision. The Court (Central Bank Employees Association, Inc. v.
Bangko Sentral ng Pilipinas, G.R. No. 148208, Dec.
a live broadcast of the trial court proceedings, 15, 2004).
subject to strict guidelines. (In Re: Petition For Radio
And TV Coverage Of The Multiple Murder Case Q: Is there a substantial distinction between
Against Zaldy Ampatuan Et Al., A.M. No. 10-11-5- elective and appointive officials?
SC, 2011.) A: Yes. The former occupy their office by virtue of
the mandate of the electorate. They are elected to
Q: What is Substantive Due Process? an office for a definite term and may be removed
A: Substantive Due Process completes the therefrom only upon stringent conditions. On the
protection envisioned by the due process clause. It other hand, appointive officials hold their office by
inquires whether the government has sufficient virtue of their designation thereto by an appointing
justification for depriving a person of life, liberty, or authority. Some appointive officials hold their office
property. (White Light Corporation v. City of Manila, in a permanent capacity and are entitled to security
G.R. No. 122846, 2009) of tenure while others serve at the pleasure of the
appointing authority. (Eleazar P. Quinto and Gerino
Substantive due process requires that laws be A. Tolentino, Jr., vs. COMELEC, G.R. No. 189698,
[1] grounded on reason and [2] be free from February 22, 2010).
arbitrariness. The government must have sufficient
justification for depriving a person of life, liberty, or Q: Does Section 6 of the Cybercrime Prevention
property. Essentially, substantive due process is Act, punishing by one degree higher crimes
satisfied if the deprivation is done in the committed through the internet, violate equal
exercise of the police power of the State. protection?
(Provincial Bus Operators Association of the A: No. There is substantial distinction between
Philippines v. DOLE, G.R. No. 202275, 2018) crimes committed through the use of information
technology and similar crimes using other means. In
Requisites of Substantive Due Process: every cybercrime, the offender often evades
A: Laws which interfere with life, liberty, and identification and is able to reach more victims or
property satisfy substantive due process when there cause more harm. (Disini vs. Secretary of Justice,
is: G.R. No. 203335, February 18, 2014).
1. Lawful Subject The interests of the public
generally, as distinguished from those of a particular Q: Does the RH Law violate the right to equal
class, require such interference; and protection of the law such that it discriminates
2. Lawful Means The means are reasonably against the poor as it makes them the primary
necessary for the accomplishment of the purpose, target of the government program that promotes
and not unduly oppressive upon individuals. contraceptive use rather than promoting
(Planters Products, Inc. v. Fertiphil Corporation, reproductive health among the poor?
G.R. No. 156278, March 29, 2004) A: No. To provide that the poor are to be given
priority in the government's reproductive health care
B. EQUAL PROTECTION program is not a violation of the equal protection
clause. In fact, it is pursuant to Section 11, Article
Q: What are the requisites for a valid XIII of the Constitution which recognizes the distinct
classification? necessity to address the needs of the
1. It must be based on substantial distinctions; underprivileged by providing that they be given
2. It must be germane to the purpose of the law; priority in addressing the health development of the
3. It must not be limited to existing conditions only; people. Section 7 of the RH Law prioritizes poor and
and marginalized couples who are suffering from fertility
4. It must apply equally to all members of the class issues and desire to have children. Thus, there is no
(PAGCOR v. BIR, G.R. No. 172087, 2011). merit to the contention that the RH Law only seeks
to target the poor to reduce their number. (Imbong
Q: What is the doctrine of Relative v. Ochoa, G.R. 204819, April 2014).
Unconstitutionality?
A: A statute valid at one time may become void at
another time because of altered circumstances.
Thus, if a statute in its practical operation becomes
arbitrary or confiscatory, its validity, even though

C. ARRESTS, SEARCHES AND SEIZURES harmful effects of dangerous drugs." This statutory
purpose, per the policy - declaration portion of the
Q: What are the requisites for searches and law, can be achieved via the pursuit by the state of
seizures with a valid warrant? "an intensive and unrelenting campaign against the
CODE: JPEPO trafficking and use of dangerous drugs x x x through
1. The existence of probable cause is determined an integrated system of planning, implementation
personally by the JUDGE. and enforcement of anti - drug abuse policies,
2. It must be issued upon a finding of PROBABLE programs and projects." The primary legislative
CAUSE. intent is not criminal prosecution, as those found
3. The judge must EXAMINE UNDER OATH the positive for illegal drug use as a result of this random
complainant and the witnesses he may testing are not necessarily treated as criminals.
produce. They may even be exempt from criminal liability
4. The warrant must PARTICULARLY DESCRIBE should the illegal drug user consent to undergo
the place to be searched and person or things rehabilitation. (SJS v. DDB and PDEA, GR No:
to be seized. 157870, 2008).
5. It must be in connection with ONE SPECIFIC
offense. (Art. III, Sec.2) Q: May persons arrested for crimes be the
subject of mandatory drug tests?
Q: Must the judge personally examine the A: No. The operative concepts in the mandatory
complainant and the witnesses? drug testing are "randomness" and "suspicionless."
A: No. The judge is not required to examine In the case of persons charged with a crime before
personally. He is only required to determine the prosecutor's office, a mandatory drug testing
probable cause personally. He may satisfy himself can never be random or suspicion-less. They are
by fiscal reports, if not, he may require submission not randomly picked; neither are they beyond
of affidavit of witnesses. (Soliven v. Makasiar, G.R. suspicion. To impose mandatory drug testing on the
No. 82585, 1988). accused is a blatant attempt to harness a medical
test as a tool for criminal prosecution, contrary to the
Q. What is the requirement for a John Doe stated objectives of RA 9165. Drug testing in this
warrant to be valid? case would violate a persons' right to privacy
A: It must contain a descriptio personae (description guaranteed under Sec. 2, Art. III of the Constitution.
of the person) such as to enable the officer to Worse still, the accused persons are veritably forced
identify the accused. (People v. Veloso, G.R. No. L- to incriminate themselves. (SJS v. DDB and PDEA,
23051, 1925). supra).
Q: Are search warrants, which allowed the Q: What are the instances of a valid warrantless
seizure of over 100 items from offices arrest?
suspected of conducting illegal toll bypass A: A peace officer or a private person may, without
operations, general warrants? a warrant, arrest a person:
A: No, they are not general warrants if it is 1. When, in his presence, the person to be arrested
established that the items to be searched are has committed, is actually committing, or is
connected to the crime involved. attempting to commit an offense;
2. When an offense has just been committed and he
A search warrant fulfills the requirement of has probable cause to believe based on personal
particularity in the description of the things to be knowledge of facts or circumstances that the person
seized when the things described are limited to to be arrested has committed it; and
those that bear a direct relation to the offense for 3. When the person to be arrested is a prisoner who
which the warrant is being issued. (Worldwide Web has escaped from a penal establishment or place
Corporation v. People, G.R. 161106, 2014). where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped
Q: May mandatory drug tests be validly while being transferred from one confinement to
conducted in schools and private offices? another. (ROC, Rule 113, § 5)
A: Yes. The drug test prescribed under Sec. 36(c),
(d), and (f) of RA 9165 for secondary and tertiary
level students and public and private employees,
while mandatory, is a random and suspicion-less
arrangement. The objective is to stamp out illegal
drug and safeguard in the process "the well-being
of [the] citizenry, particularly the youth, from the

Q: What are the differences between Arrests 9. Checkpoints

with Warrant and Warrantless Arrests? 10. Warrantless search by a private individual
ARREST WITH WARRANTLESS Q: What is the rule on the issuance of warrants

WARRANT ARRESTS of arrest or search warrants?
The existence of When the person to be A: GENERAL RULE: Only a judge may validly issue
probable cause is arrested has a warrant of arrest or a search warrant, upon
determined personally COMMITTED, is fulfillment of Constitutional requirements. (Salazar
by the JUDGE. actually v. Achacoso, G.R. No. 81510, 1990).
COMMITTING, or is
It must be issued upon ABOUT TO COMMIT EXCEPTION: Orders of arrest may be issued by
PROBABLE CAUSE. an offense in the Administrative Authorities, but only for the purpose
PRESENCE of the of carrying out a final finding of a violation of law.
The judge must arresting officer. (Morano v. Vivo, G.R. No. L-22196, 1967).
EXAMINE UNDER
OATH the complainant When an offense has Q: What are the guidelines for a valid search of
and the witnesses he in fact just been a moving vehicle that accepts passengers at a
may produce. committed and the terminal and along its route?
arresting officer has 1. The search must be the least intrusive and must
The warrant must probable cause to uphold the dignity of the persons being
PARTICULARLY believe based on searched, minimizing, if not eradicating, any
DESCRIBE the person PERSONAL cause for public embarrassment, humiliation or
to be arrested. KNOWLEDGE of facts ridicule;
It must be in and circumstances 2. Neither can the search result from any
connection with ONE indicating that the discriminatory motive such as insidious
SPECIFIC offense. person to be arrested profiling, stereotyping and other similar motives,
has committed it. and the fundamental rights of vulnerable
identities are protected;
When the person to be 3. The purpose of the search must be confined to
arrested is a ensuring public safety;
PRISONER who has 4. As to the evidence seized, courts must be
escaped. convinced that precautionary measures were in
place to ensure that no evidence was planted
against the accused. (Saluday v. People, 2018).
Q: May the right to question the irregularity of a
warrantless arrest be subject to waiver or NOTE: These guidelines do not apply to privately-
estoppel? owned cars, or moving vehicles dedicated for
A: Yes. An accused is already estopped from private or personal use, as in the case of taxis, which
assailing any irregularity of his arrest if he fails to are hired by only one or a group of passengers such
raise this issue or to move for the quashal of the that the vehicle can no longer be flagged down by
information against him on this ground before any other person until the passengers on board
arraignment. Thus, any objection involving a warrant alight. (Saluday v. People, 2018)
of arrest or the procedure by which the court
acquired jurisdiction of the person of the accused Q: What is the Terry Search?
must be made BEFORE he enters his plea; A:
otherwise, the objection is deemed waived. (People
v. Velasco, G.R. No. 190318, 2013). required to conduct a "stop and frisk," it
nevertheless holds that mere suspicion or a hunch
Q: When can there be warrantless searches? will not validate a "stop and frisk." A genuine reason
1. Waiver of right must exist, in light of the police officer's experience
2. Incidental to a lawful arrest and surrounding conditions, to warrant the belief
3. Plain view doctrine that the person detained has weapons concealed
4. During exigent and emergency situations about him. (People v. Cogaed, G.R. No. 200334,
5. Moving vehicle [July 30, 2014],
6. Stop and frisk rule
7. Seizure of goods concealed to avoid customs
duties
8. Airport searches

Q: What are the requisites of the plain view

doctrine?
A: 1. There was a prior valid intrusion other users who are total strangers; (3) The sheer
2. The evidence was inadvertently discovered
3. The evidence is immediately apparent
4. Plain view is justified seizure without further tag
search. (Miclat v. People, G.R. No. 176077, 2011). Facebook friends with the former, despite its being
visible only to his or her own Facebook friends.
Q: Can the right against unreasonable search
and seizure be invoked against acts of a private is no assurance that it can no longer be viewed by
individual? another user who is not Facebook friends with the
A: No. The protection against unreasonable source of the content. s
searches and seizures cannot be extended to acts College, G.R. No. 202666, September 29, 2014).
committed by private individuals so as to bring it
within the ambit of alleged unlawful intrusion by the Q: What is the Exclusionary Rule?
government. (People v. Marti, G.R. No.81561, A: Any evidence obtained shall be inadmissible for
1991). any purpose in any proceeding. However, in the
absence of governmental interference, the
D. PRIVACY OF COMMUNICATIONS AND protection against unreasonable search and seizure
CORRESPONDENCE cannot be extended to acts committed by private
individuals.
Q: Can private communications be made
public? The constitutional proscription against unlawful
A: Private communications can be made public searches and seizures applies as a restraint
where a secret involves public questions which the directed only against government and its agencies
State should and ought to know, the State may tasked with the enforcement of the law. Thus, it
infringe that privacy of communication by some could only be invoked against the State to whom the
process or by appealing to the Court for the purpose restraint against arbitrary and unreasonable
of determining whether or not the privacy should be exercise of power is imposed. (People v. Marti, G.R.
maintained. The court may allow intrusions on No. 81561, 1991).
privacy of communication and correspondence only
on the ground of probable cause. (Bernas, The 1987 This does not mean however that private individuals
Constitution of the Republic of the Philippines, 2009) cannot be held liable. Almost all these liberties are
also guaranteed by Article 32 of the Civil Code,
Q: Is there an expectation of privacy in an Online making private violations actionable even if the
Social Network activity? violation does not have a constitutional
A: Before one can have an expectation of privacy in consequence such as the applicability of the
his or her Online Social Network activity, it is first exclusionary rule. (Bernas, The 1987 Constitution
necessary that said user manifest the intention to of the Republic of the Philippines, 2009).
keep certain posts private. In the cyber world,
utilization of privacy tools is the manifestation of the E. FREEDOM OF SPEECH AND
EXPRESSION
privacy. Considering that the default setting for
mised that Q: What are the 2 aspects of Freedom of
the photographs in question were viewable to Expression?
everyone on Facebook, absent any proof that A: 1. Prior restraint - Official government
restrictions on the press or other forms of
of the photograph. If such were the case, they expression in advance of actual publication or
cannot invoke the protection attached to the right to dissemination are constitutionally impermissible.
informational privacy. (Chavez v. Gonzales, G.R.
No. 168338, 2008).
2. Subsequent punishment - The aspect of
freedom from liability subsequent to publication
this regard, the cyber community is agreed that the precludes liability for completed publications of
digital images under this setting still remain to be views traditionally held innocent. Otherwise, the
outside the confines of the zones of privacy in view prohibition on prior
restraint would be meaningless, as the unrestrained
be more open and connected by giving its users the threat of subsequent punishment, by itself, would be

an effective prior restraint. (Chavez v. Gonzales, Q: Why does a void statute for vagueness
G.R. No. 168338, 2008). violate the Constitution?
It is repugnant to the Constitution in two respects:
Q: What are the exceptions to freedom from (1) it violates due process for failure to accord
prior restraint? persons, especially the parties targeted by it, fair
A: notice of the conduct to avoid; and (2) it leaves law
1. When the nation is at war enforcers unbridled discretion in carrying out its
2. Obscene publications provisions and becomes an arbitrary flexing of the
3. Security of community life may be protected Government muscle.
against incitements to violence or overthrow of
orderly government. (Near v. Minnesota 283 U.S. Q: What is the Overbreadth doctrine?
697, 1931). A: The doctrine provides that a government purpose
may not be achieved by means that sweep
Q: Distinguish content-based from content unnecessarily broadly and thereby invade the area
neutral regulations. of protected freedoms. (Griswold v. Connecticut,
1. Content-based restriction is based on the 381 US 479, 1965 citing NAACP v. Alabama, 377
subject matter of the utterance or speech and thus U.S. 288 (1964)).
treated as more suspect than content-neutral laws
because of judicial concern with discrimination in the Q: I
regulation of expression.
2. Content-neutral regulation is merely concerned offense punished in the Cybercrime Prevention
with the incidents of the speech, or one that merely overbroad?
controls the time, place or manner, and under well- A: Yes. A user can post a statement, a photo or a
defined standard. video on Facebook. If the post is made available to
Content-neutral regulations of speech or of conduct the public, Like.
that may amount to speech are subject to lesser but
still heightened scrutiny. Share
(Newsounds Broadcasting Network v. Dy, Except for the original author of the assailed
G.R. Nos. 170270 & 179411, 2009). statement, the rest are knee-jerk sentiments of
readers who may thing littler or haphazardly of their
Q: When is Facial Invalidation proper? response to the posting. Unless the law takes to
A: A facial challenge is allowed against vague or account the unique circumstances and culture of
overbroad statutes because of possible "chilling cyberspace, such a law will create a chilling effect
effect" upon protected speech. The theory is that on those who express themselves through
"[w]hen statutes regulate or proscribe speech and cyberspace. Thus, Section 5, which punishes
no readily apparent construction suggests itself as a
vehicle for rehabilitating the statutes in a single (Disini v. Secretary of Justice, G.R. No. 203335
prosecution, the transcendent value to all society of February 18, 2014.)
constitutionally protected expression is deemed to
justify allowing attacks on overly broad statutes with Q. Are void for vagueness and over-breadth
no requirement that the person making the attack doctrine applicable to criminal statues?
demonstrate that his own conduct could not be A: No. It only applies to those involving free speech.
regulated by a statute drawn with narrow Criminal statue generally have in terrorem effect
specificity." This rationale does not apply to penal resulting from the very existence, and, if facial
statutes. (Estrada v. Sandiganbayan, G.R. No. challenge is allowed for this reason alone, the State
148560, Nov. 19, 2001). may be prevented from enacting laws against
socially harmful conduct. (Southern Hemishpere
Q: What is the Void for Vagueness doctrine? Engagement Network, Inc v. Anti-terrorism Council,
A: A law is vague when it lacks comprehensible GR No. 178552, 2010).
standards such that men of common intelligence
must necessarily guess as to its meaning and differ Note, however: The void-for-vagueness doctrine
as to its application. It should be distinguished from was also applied in the case of Imbong v. Ochoa,
those couched in imprecise language which can be G.R. No. 204819, April 8, 2014.
saved by proper construction. (Romualdez v.
Sandiganbayan, G.R. No. 152259, 2004). Q: What are the tests for valid governmental
interference?
1. Clear and Present Danger Rule words are
used in such circumstance and of such nature

as to create a clear and present danger that will directed against a public person in his public
bring about substantive evil that the State has capacity, it is not necessarily actionable; unless it be
the right to prevent. (Focus on content + a false allegation of fact or a comment based on a
context) (Schenck v. US, 249 U.S. 47, 1919) false supposition.
2. Dangerous Tendency Rule words uttered
create a dangerous tendency of an evil which If the comment is an expression of opinion, based
State has the right to prevent. (Focus on on facts, then it is immaterial that the opinion
content) (Cabansag v. Fernandez, et al., GR happens to be mistaken as long as it might
No. L-8974, 1957) reasonably be inferred from the facts. (Borjal v. CA,
3. Balancing of Interests Test when particular GR No. 126466, 1999).
conduct is regulated in interest of public order
and the regulation results in an indirect, Q: Can rallyist be validly dispersed if they
conditional, partial abridgement of speech, the cannot present a permit due to the inaction of
duty of the courts is to determine which of the 2 the mayors on the applications within a
conflicting interests demands the greater reasonable time?
protection under the particular circumstances A: No. After two days from submission of the
presented. (American Communications Assn. v. application with the local mayor and the
Douds, 339 U.S. 382, 1950). corresponding inaction of the said mayor, the
rallyists may conduct their rally in accordance with
Q: Define core speech. their application without the need to show a permit
A: Core speech from the mayor, the grant of the permit being then
political, social, or religious ideas. It is given greater presumed under the law, and it will be the burden of
protection than commercial speech that does no the authorities to show that there has been a denial
more than propose a commercial transaction. e.g. of the application, in which case the rally may be
advertisements. peacefully dispersed following the procedure of
maximum tolerance prescribed by the law. (Bayan,
Q: What is Symbolic Speech? Karapatan, Kilusang Magbubukid ng Pilipinas
A: speech non-speech (KMP) v. Ermita, GR No. 169838, 2006).
combined in the same course of conduct, a
sufficiently important government interest in s veto?
regulating the non-speech element can justify A: It involves situations in which the government
incidental limitations on free speech. (U.S. v. attempts to ban protected speech because it might
O Brien) provoke a violent response. The mere possibility of
a violent reaction to protected speech is simply not
Q: When is a governmental regulation on speech a constitutional basis on which to restrict the right to
valid? speak. (Roe v. Crawford, No. 06-3108, 2008).
A: A governmental regulation is sufficiently justified However, when a speaker passes the bounds of
if: argument or persuasion and undertakes incitement
1. It is within the Constitutional power of the to riot, the police are not powerless to prevent a
government; breach of the peace. (Feiner v. New York, 340 US
2. It furthers an important or substantial 315, 1951).
governmental interest unrelated to the
suppression of free expression; and Q: What is Commercial Speech?
3. If the incidental restriction on alleged freedom is A: It is communication which "no more than
no greater than is essential to that interest (U.S. proposes a commercial transaction." Advertisement
v. O Brien) of goods or of services is an example. (Bernas
Primer, page 68).
Q: What is the doctrine of fair comment?
A: Fair commentaries on matters of public interest Q. What are the requisites for a valid
are privileged and constitute a valid defense in an governmental regulation of commercial
action for libel or slander. speech?
A: To enjoy protection, commercial speech must not
The doctrine of fair comment means that while in be false or misleading and should not propose an
general, every discreditable imputation publicly illegal transaction. (Central Hudson Gas & Electric
made is deemed false, because every man is Corp. v. Public Service Commission of NY, 447 U.S.
presumed innocent until his guilt is judicially proved, 557 1980).
and every false imputation is deemed malicious,
nevertheless, when the discreditable imputation is

Q: When may commercial speech be regulated? Q: What is Benevolent Neutrality/

A: Even truthful and lawful commercial speech may Accommodation?
be regulated if (1) government has a substantial A: The benevolent neutrality theory believes that
interest to protect; (2) the regulation directly with respect to these governmental actions,
advances that interest; and (3) it is not more accommodation of religion may be allowed, not to
extensive than is necessary to protect that interest.
(Central Hudson Gas & Electric Corp. v. Public but to allow individuals and groups to exercise their
Service Commission of NY, 447 U.S. 557 1980). religion without hindrance. The purpose of
accommodations is to remove a burden on, or
Q. What are the elements of libel?
A: To be liable for libel, the following elements must religion.
be shown to exist: (a) the allegation of a
discreditable act or condition concerning another; Thus, what is sought under the theory of
(b) publication of the charge; (c) identity of the accommodation is not a declaration of
person defamed; and (d) existence of malice. unconstitutionality of a facially neutral law, but an
(Bernas Primer, page 74) exemption from its application or its "burdensome
effect," whether by the legislature or the
Q: What is the test for obscenity? (Miller courts. Most of the free exercise claims brought to
Doctrine) the U.S. Court are for exemption, not invalidation of
1. Whether the average person, applying the facially neutral law that has a "burdensome"
contemporary community standards, would find effect. (Estrada v. Escritor, A.M. No. P-02-1651,
the work, taken as a whole, appeals to the June 22, 2006)
prurient interest.
2. Whether the work depicts or describes, in ?
patently offensive way, sexual conduct A person who for moral or religious reasons is
specifically defined by the applicable state law. opposed to participating in any war, and who may
3. Whether the work, taken as a whole, lacks be excused from military conscription but remains
serious literary, artistic, political or scientific s
value. (Miller v. California, 413 U.S. 15, 1973).
F. FREEDOM OF RELIGION Q: Does RH Law violates the guarantee of

religious freedom by compelling medical health
Q: Distinguish the non-establishment clause practitioners, hospitals, and health care
and free exercise of religion clause. providers, under pain of penalty, to refer
NON- patients to other institutions despite their
FREE EXERCISE OF conscientious objections?
ESTABLISHMENT
RELIGION A: Yes. The obligation to refer imposed by the RH
CLAUSE
Does not depend upon While the non- Law violates the religious belief and conviction of a
any showing of direct establishment clause conscientious objector. Once the medical
governmental is absolute, the practitioner, against his will, refers a patient seeking
compulsion. moment such belief information on modem reproductive health
flows over into action, products, services, procedures and methods, his
Violated by the it becomes subject to conscience is immediately burdened as he has been
enactment of laws compelled to perform an act against his beliefs.
which establish an (Imbong v. Ochoa, G.R. 204819, April 2014).
OFFICIAL RELIGION In order to show a
whether those laws violation of this clause, Q: Can Catholic masses be held in Halls of
operate directly to the person affected Justice?
coerce non-observing must show the A: Yes. The holding of Catholic masses at the
individuals or not. COERCIVE effect of basement of the QC Hall of Justice is not a case of
the legislation as it establishment, but merely accommodation.
operates against him 1. There is no law, ordinance or circular issued by
in the practice of his any duly constitutive authorities expressly
religion. mandating that judiciary employees attend the
Catholic masses at the basement.
2. When judiciary employees attend the masses to
profess their faith, it is at their own initiative,

without any coercion from the judges or G. LIBERTY OF ABODE AND RIGHT TO
administrative officers. TRAVEL
3. No government funds are being spent because
the lightings and air conditioning continue to be
operational even if there are no religious rituals contemplated in the Constitutional right to
there. travel?
4. The basement has neither been converted into a A: No. The right to return to one's country is not
Roman Catholic chapel nor has it been among the rights specifically guaranteed in the Bill
permanently appropriated for the exclusive use of Rights, which treats only of the liberty of abode
of its faithful. and the right to travel. The test used was
5. The allowance of the masses has not prejudiced arbitrariness . (Marcos v. Manglapus, G.R. No.
88211, October 27, 1989).
other religions (Re: Letter of Tony Valenciano,
A.M. 10-4-19-SC, 2017) ntry
protected under the UDHR or the ICCPR?
Q: Can religious images be displayed in A: No. The Universal Declaration of Humans Rights
government offices? and the International Covenant on Civil and Political
A: No. In no case shall a particular part of a public Rights treat the right to freedom of movement and
building be a permanent place for worship for the abode within the territory of a state, the right to leave
benefit of any and all religious groups. There shall a country, and the right to enter one's country as
also be no permanent display of religious icons in all separate and distinct rights.
halls of justice in the country. In case of religious
rituals, religious icons and images may be displayed The Declaration speaks of the "right to freedom of
but their presentation is limited only during the movement and residence within the borders of each
celebration of such activities. After any religious state". It would therefore be inappropriate to
affair, the icons and images shall be hidden or construe the limitations to the right to return to one's
concealed from public view. (Re: Letter of Tony country in the same context as those pertaining to
Valenciano, A.M. 10-4-19-SC, 2017) the liberty of abode and the right to travel. (Marcos
v. Manglapus, supra.)
test?
A: The state has the burden of justifying any H. RIGHT TO INFORMATION
possible incursion into the exercise of religion. The
process involves three steps:
Q: What are the twin rights guaranteed in Article
1. The courts should look into the sincerity of the
III, Sec. 7?
religious belief without inquiring into the truth of
the belief 1. Right to information on matters of public
2. The state has to establish that its purposes are concern
legitimate and compelling 2. Right of access to official records and
3. The state used the least intrusive means documents
possible. (Estrada v. Escritor, A.M. No. P-02-
1651, August 4, 2003). Q : Is the right to information absolute?
A: No. A distinction has to be made between the
Q: What is the Lemon Test? discretion to refuse outright the disclosure of or
A: The following have to be met for the legislation to access to a particular information and the authority
be held valid: to regulate the manner in which the access is to be
1. The statute must have a secular legislative afforded.
purpose. The first is a limitation upon the availability of
access to the information sought, which only the
2. The principal or primary effect of the statute must Legislature may impose.
neither advance nor inhibit religion. The second pertains to the government agency
3. The statute must not result in an "excessive charged with the custody of public records.
government entanglement" with religion. (Lemon
v. Kurtzman, 403 U.S. 602, 1971). Q: What are the exceptions to the right to
information? (BENT DISC)
1. Banking transactions
2. Executive sessions
3. National security matters
4. Trade secrets

5. Diplomatic correspondence Market Value is generally defined as the fair value

6. Intelligence information of the property as between one who desires to
7. Supreme court deliberations purchase but is not forced to buy, and one who
8. Closed door cabinet meetings desires to sell but is not compelled to part with his
property. (Republic v. Rural Bank of Kabacan, G.R.
Q. May the publication of laws prior to their No. 185214, January 25, 2012).
effectivity be dispensed with?
A: No. Publication in every case is indispensable. Q: Who are entitled to just compensation?
Total omission of publication would be a denial of A:
due process in that the people would not know what 1. Owner of the property
laws to obey. (Tanada v. Tuvera, G.R. No. L-63915 2. All owning, occupying or claiming to the property
December 29, 1986) who have lawful interest in the property to be
condemned (e.g. mortgagee,
I. EMINENT DOMAIN lessee, vendee under an executory contract). (Vda.
De Ouano v. Republic, G.R. No. 168770, 2011)
Q: What is eminent domain?
A: The right of the sovereign power to appropriate, Q: What should be the basis of the value of just
not only the public, but even the private property of compensation?
all citizens within the territorial sovereignty, to public A: General Rule: The value must be that as of the
purposes. This power is exercised by the national time of the FILING OF THE COMPLAINT for
government but may be delegated to local expropriation.
governments and public utilities. (Barangay
Sindalan vs. Court of Appeals, G.R. No. 150640, Exception: Where the Court fixed the value of the
March 22, 2007). property as of the DATE IT WAS TAKEN, and not
the date of the commencement of the expropriation
proceedings, when the date of taking is earlier than
property? (BEAPP) the expropriation proceedings. (NPC v. Lucman
1. Utilization of the property must be in such a way Ibrahim, G.R. No. 168732, June 29, 2007).
as to oust the owner and deprive him of the
beneficial enjoyment of his property. Exception to the Exception: If the value
2. The expropriator enters the property INCREASED INDEPENDENTLY of what the
3. Entry is made under warrant or color of legal expropriator did, then the value is that of the FILING
authority of the case. (NPC v. Lucman Ibrahim, G.R. No.
4. Property is devoted to public use 168732, June 29, 2007).
5. The entrance must be permanent (Republic vs.
Vda. de Castellvi, G.R. No. L-20620, August 15, Q: Is inflation rate taken into consideration when
1974). determining just compensation In
expropriation?
Q: What are matters may be reviewed by the A: No. The formula for determination of just
courts insofar as expropriation is concerned? compensation to landowners does not include the
1. The ADEQUACY of the compensation factor for inflation rate. Inflation is property
2. The NECESSITY of the taking accounted for through payment of interest on the
3. The PUBLIC USE character of the taking. amount due to the landowner, and through the
(Municipality of Meycauayan v. IAC, G.R. No. award of exemplary a damages and attorney's fees
72126, January 29, 1988) in cases where there was an irregularity in the taking
of property. (NPC v. Manalastas, 2016)
Q: What happens if there is abandonment of
intended use? Q: What are the essential requisites before an
A: If the property ceases to be used for a public LGU can exercise the power of eminent domain?
purpose, the property reverts to the owner in fee 1. An ORDINANCE is enacted by the local
simple. (ATO vs. Gopuco, Jr. G.R. No. 158563, legislative council authorizing the local chief
June 30, 2005). executive, in behalf of the LGU, to exercise the
power of eminent domain or pursue
Q: What is just compensation? expropriation proceedings over a particular
A: A sum equivalent to the market value of his private property.
property, paid within a reasonable period. 2. The power of eminent domain is exercised for
PUBLIC USE, PURPOSE or welfare, or for the
benefit of the poor and the landless.

3. There is payment of JUST COMPENSATION, pesos a month if residing in Metro Manila, and
as required under Section 9, Article III of the three thousand (P3,000.00) pesos a month if
Constitution, and other pertinent laws. residing outside Metro Manila, and
4. A valid and definite OFFER has been previously 2. Who do not own real property with an assessed
made to the owner of the property sought to be value of more than fifty thousand (P50,000.00)
expropriated, but said offer was not accepted. pesos shall be exempt from the payment of legal
(Spouses Yusay vs. Court of Appeals, fees (Sec. 19, Rule 141, Rules of Court).
G.R. No. 156684, April 6, 2011).
M. RIGHTS UNDER CUSTODIAL
J. RIGHT TO ASSOCIATION INVESTIGATION
Q: Is the ability to strike essential in the right to Q: What is a custodial investigation?

association? A: Custodial investigation refers to any questioning
A: No. To grant employees of the public sector the initiated by law enforcement officers after a person
right to strike, there must be a clear and direct has been taken into custody (People v. Basay, G.R.
legislative authority therefor. In the absence of any No. 86941, March 3, 1993).
express legislation allowing government employees
to strike, recognizing their right to do so, or Q: May a person invoke his rights during a police
regulating the exercise of the right, employees in the lineup?
public service may not engage in strikes, walkouts A: As a rule, a police lineup is not part of the
and temporary work stoppages like workers in the custodial investigation; hence, the right to counsel
private sector. (Bangalisan vs. CA, G.R. No. guaranteed by the Constitution cannot yet be
124678, July 31, 1997). invoked at this stage. The right to be assisted by
counsel attaches only during custodial investigation
Q: May employees in the public service engage and cannot be claimed by the accused during
in strikes? identification in a police lineup. (People v. Pepino,
A: No. It is relevant to state at this point that the G.R. No. 174471, January 2, 2016).
settled rule in this jurisdiction is that employees in
the public service may not engage in strikes, mass Q: What are the rights of suspects when they are
leaves, walkouts, and other forms of mass action under custodial investigation?
that will lead in the temporary stoppage or disruption 1. Any person under investigation for the
of public service. Social Security System Employees commission of an offense shall have the right to
Association (SSEA) vs. Court of Appeals, G.R. No. be informed of his right to remain silent and to
85279, July 28, 1989). have competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of counsel, he must
K. NON-IMPAIRMENT OF CONTRACTS
be provided with one. These rights cannot be
waived except in writing and in the presence of
Q: What is the limitation to the non-impairment
counsel.
clause, Sec. 10, Art. III?
2. No torture, force, violence, threat, intimidation,
A: Time and again, this Court has said that contracts
or any other means which vitiate the free will
affecting public interest contain an implied
shall be used against him. Secret detention
reservation of the police power as a postulate of the
places, solitary, incommunicado, or other similar
existing legal order. This power can be activated at
forms of detention are prohibited.
anytime to change the provisions of the contract, or
3. Any confession or admission obtained in
even abrogate it entirely, for the promotion or
violation of this or Section 17 hereof shall be
protection of the general welfare. Such an act will
inadmissible in evidence against him.
not militate against the impairment clause, which is
4. The law shall provide for penal and civil
subject to and limited by the paramount police
sanctions for violations of this section as well as
power. (Chavez v. Comelec, G.R. No. 162777,
compensation to and rehabilitation of victims of
August 31, 2004).
torture or similar practices, and their families.
(Phil. Const., art. 3, § 12).
L. FREE ACCESS TO COURTS AND
ADEQUATE LEGAL ASSISTANCE Q: What are Miranda Rights (SCI)
1. The right to remain Silent Unlike Section 17
Q: Who are considered Indigent litigants: where the absolute right to remain silent is
1. whose gross income and that of their immediate available to an accused, Section 12 gives a
family do not exceed four thousand (P4,000.00)

person under investigation the right to refuse to Q: Do all persons have the right to bail?
answer any question. A: GENERAL RULE: All persons actually detained
2. The right to Competent and independent shall, before conviction be entitled to bail.
counsel, preferably of his own choice Right to
independent counsel is to ensure an impartial EXCEPTIONS:
lawyer to inform the accused of his rights, as 1. Persons charged with offenses punishable by
against experiences during the Marcos regime RECLUSION PERPETUA, LIFE
(Bernas, the 1987 Philippine Constitution: A IMPRISONMENT and DEATH, when
Comprehensive Reviewer, 2009). (Bernas, the EVIDENCE of guilt is STRONG (Section 3 of
1987 Philippine Constitution: A Comprehensive Rule 114 of the Rules on Criminal Procedure).
Reviewer, 2009). 2. Persons who are members of the AFP facing a
3. Right to be Informed of these rights court martial. (Comendador vs. De Villa, G.R.
Contemplates the transmission of meaningful No. 93177, August 2, 1991).
information rather than just the ceremonial and 3. If convicted by the trial court, bail is only
perfunctory recitation of an abstract constitutional discretionary pending appeal. (Section 5 of Rule
principle. (People v. Rojas, G.R. Nos. L-46960-62, 114 of the Rules on Criminal Procedure).
1987).
Q: Can bail be granted in an extradition case?
Q: When is one not an independent counsel? A: Yes. The modern trend in international law is the
A: Special counsel, public or private prosecutor, primacy on the worth of the individual person and
counsel of the police, municipal attorney, mayor, the sanctity of human rights. While extradition is
barangay captain, and any other whose interested NOT a criminal proceeding (it is sui generis), it is
may be adverse to accused (Bernas, the 1987 characterized by the following:
Philippine Constitution: A Comprehensive 1. It entails a deprivation of liberty on the part of the
Reviewer, 2009). potential extradite; and
2. The means employed to attain the purpose of
N. RIGHTS OF THE ACCUSED extradition is also the machinery of criminal law
Q: What are the constitutional rights of the While our extradition law does not provide for the
accused? (PITCHES MACA) grant of bail, there is no provision prohibiting the
1. PRESUMPTION of innocence extraditee from filing a motion for bail, a right to due
2. Right to be INFORMED of nature and
cause of accusation against him ght risk
3. Right to TESTIFY as a witness in his own and will abide with all the orders of the extradition
behalf court (Government of Hong Kong v. Olalia, G.R. No.
4. Right to COMPULSORY process to secure 153675, 2007)
attendance of witnesses and production of
evidence Q: When can bail be granted to a prospective
5. Right to be HEARD by himself and counsel extradite?
6. Right to be EXEMPT from being compelled 1. Upon a clear and convincing showing that
to be a witness against himself he/she will not be a flight risk or a danger to the
7. Right to SPEEDY, impartial and public trial community.
8. Right to MEET witness face to face 2. That there exist special, humanitarian,
9. Trial in ABSENTIA - mandated only after compelling circumstances. (Government of the
arraignment and absence unjustified United States vs. Purganan, G.R. No. 148571,
10. CRIMINAL due process: September 24, 2002)
a. Accused to be heard in court of
competent jurisdiction Q: Does the right to be assisted by counsel
b. Accused proceeded against under extend to administrative proceedings?
orderly processes of law A: No. There is nothing in the 1987 Constitution
c. Accused given notice and stating that a party in a non-litigation proceeding is
opportunity to be heard entitled to be represented by counsel. A party in an
d. Judgment rendered was within administrative inquiry may or may not be assisted by
authority of a constitutional law counsel, irrespective of the nature of the charges
11. To APPEAL in all cases allowed and in the and of the respondent's capacity to represent
manner prescribed by law (Sec. 14, Art. III, himself. Hence, the administrative body is under no
PHIL. CONST.) duty to provide the person with counsel. (First Class
Cadet Aldrin Jeff P. Cudia of the PMA v. The

Superintendent of PMA, G.R. No. 211362, February the thief. (United States v. Tan Teng, G.R. No. 7081,
24, 2015). 1912).
O. RIGHT TO SPEEDY TRIAL AND Q: When is the right against self-incrimination

SPEEDY DISPOSITION OF CASES available?
A: It is available not only in criminal prosecutions,
Q: What does this right guarantee? but also in all other government proceedings,
A: All persons shall have the right to a speedy including civil actions and administrative or
disposition of their cases before all judicial, quasi- legislative investigations. It may be claimed not only
judicial, or administrative bodies. (Phil. Const., art. by the accused, but also by a witness to whom an
3, § 16). incriminating question is addressed. It also applies
to proceedings which are criminal in nature, such a
Speedy disposition of cases is a relative term and revocation of medical license. (Pascual v. Board of
must necessarily be a flexible concept. Factors to Medical Examiners)
consider are: length of delay, reason for delay,
assertion of the right or failure to assert it, and Q: How is the right against self-incrimination of
prejudice caused by delay. (Caballero v. Alfonso, an accused different from that of a mere
Jr., 153 SCRA 153, 1987). witness?
Accused Witness
Q: Differentiate the right to a speedy trial and the Taking the
CAN be CAN be
right to speedy disposition of cases. Witness
compelled compelled
SEC. 14 (SPEEDY SEC. 16 (SPEEDY Stand
TRIAL) DISPOSITION)
Only applies to the Covers all phases of Taking the
trial phase of criminal judicial, quasi-judicial Witness
CAN be
cases and administrative Stand in
compelled compelled
proceedings Criminal
Proceedings
Answering
Incriminating
P. RIGHT AGAINST SELF INCRIMINATION compelled compelled
questions
Q: What is covered by this right?

A: The right against self-incrimination is mandatory, Q. RIGHT AGAINST DOUBLE JEOPARDY
as it secures to a defendant a valuable and
substantive right. It is not merely a formal technical Q: What are the two kinds of jeopardy?
rule and the enforcement of which is left to the 1. No person shall be twice put in jeopardy for the
discretion of the court. The court may not extract same offense. In this kind, jeopardy attaches
from a upon either conviction or acquittal or dismissal
lips and against his will. The court may not resort to without the express consent of the accused.
compulsory disclosure, directly or indirectly, of facts 2. If an act is punished both by a law and an
usable against him as a confession of the crime or ordinance, conviction or acquittal under either
the tendency of which is to prove the commission of shall constitute a bar to another prosecution for
the crime. (United States v. Navarro, G.R. No. 1272, the same act. In this kind, jeopardy attaches only
1904). upon conviction or acquittal. (Sec. 21, Art. III,
PHIL. CONST.)
Q: Does it include evidence extracted from the
body of the accused? Q. What are the requisites for a valid defense of
A: No. The Constitutional guarantee does not double jeopardy?
include the body of the accused as evidence, when A: Under present law, to raise the defense of double
the same may be material. Thus, the provision is or second jeopardy, three requisites must be shown:
against legal processes that extract from the (1) a first jeopardy must have attached prior to the
second; (2) the first jeopardy must have terminated;
of guilt. The kernel of the privilege is testimonial (3) the second jeopardy must be for the same
compulsion and not any other compulsion. A offense as that in the first. These three requisites
physical examination for evidence is similar to provide a convenient division for the discussion of
introducing stolen property taken from the person of

the subject. (Bernas, The 1987 Constitution: A (3) The plea of guilty to the lesser offense was made
Comprehensive Reviewer, 2011) without the consent of the prosecutor and the
offended party except as provided in Section 1(f) of
Q. When does jeopardy of punishment attach? Rule 116. (ROC, Rule 117, § 7)
A: Jeopardy attaches (a) upon a good indictment,
(b) before a competent court, (c) after arraignment, R. RIGHT AGAINST INVOLUNTARY
(d) after plea. (People v. Ylagan, 58 Phil. 851, 1933). SERVITUDE
Q: When is jeopardy considered to be for the Q: What is meant by the right against
same offense? involuntary servitude?
1. Exact identity between the offenses charged in A: Every condition of enforced or compulsory
the first and second cases. service of one to another no matter under what form
2. One offense is an attempt to commit or a such servitude may be disguised. (Rubi v. Provincial
frustration of the other offense. Board, 39 Phil. 660, 1919)
3. One offense is necessarily included or
necessary includes the other. Q: What are the exceptions to this rule?
4. The situation is different when one act violates A: The following are not included under its scope:
two different statutes or two different provisions 1. Punishment for a crime.
of a statute. The rule in such a case is that if the
2. Personal military or civil service in the interest of
one act results in two different offenses,
prosecution under one is a bar to prosecution national defense.
under the other. (Bernas, The 1987 Constitution 3. Posse Comitatus (every able-bodied person is
of the Republic of the Philippines, 2011). ultimately responsible for keeping peace) for the
apprehension of criminals. (US v. Pompeya,
Q: What is the same evidence test G.R. No. L-10255, August 6, 1915)
A: Whether the evidence needed in one case will 4. Return to work order issued by the DOLE
support a conviction in the other. (U.S. v. Tan Oco, Secretary or the President.
34 Phil. 772, 1916)
5. Minors under patria potestas are obliged to obey
Q: Does the dismissal of an action, made at the their parents. (Bernas, The 1987 Philippine
instance of an accused, constitute double Constitution: A Comprehensive Reviewer, 152,
jeopardy? 2011)
A: No, except:
1. When the ground for dismissal is insufficiency of S. RIGHT AGAINST EXCESSIVE FINES,
evidence; AND CRUEL AND INHUMAN
2. When the proceedings violate the right of the PUNISHMENTS
accused to a speedy trial. (Caes v. IAC, G.R.
Nos. 74989-90, November 6, 1989). Q: What is covered by this right?
A: This right covers the non-imposition of excessive
Q: What is the doctrine of supervening event? fines and the non-infliction of cruel, degrading, or
A: Under the doctrine of supervening event, the inhuman punishment. It also covers the non-
accused may be prosecuted for another offense if a imposition of the death penalty, unless for
subsequent development changes the character of compelling reasons involving heinous crimes, the
the first indictment under which he may have Congress hereafter provides for it. The punishment
already been charged or convicted. (Abrigo v. of death penalty already imposed to a person shall
Flores, G.R. No. 160786, 2013). be reduced to the penalty of reclusion perpetual.
(Phil. Const., art. 3, § 19(1))
When will a conviction for an offense not bar a
prosecution for an offense which necessarily Q: What are the guidelines for determining
includes the offense charged in the former whether a punishment is cruel and unusual
information? A: The following must be considered:
(1) The graver offense developed due to a 1. It must not be so severe as to be degrading to
supervening fact arising from the same act or the dignity of human beings.
omission constituting the former charge
(2) The facts constituting the graver offense became
2. It must not be applied arbitrarily.
known or were discovered only after a plea was 3. It must not be unacceptable to contemporary
entered in the former complaint or information; society.
4. It must not be excessive.

Q: May Congress re-impose the death penalty? Q: What are the elements of a bill of attainder?
A: Yes, as long as the following are complied with: 1. There must be a law
2. The law imposes a penal burden
That Congress defines what is meant by heinous 3. On a named individual or easily ascertainable
crimes.
members of a group
That Congress specify and penalize by death, 4. The penal burden is imposed directly by the
only those crimes that qualify as heinous in law without judicial trial. (People v. Ferrer, G.R.
accordance with the definition set in heinous
crimes law or death penalty law.
Nos. L-32613-14, 1972).
That Congress, in enacting this death penalty bill, V. WRITS OF HABEAS CORPUS,
be singularly KALIKASAN, HABEAS DATA, AND
(People v. Echegaray,
AMPARO
G.R. No. 117472, 1997)
Q: What are the limitations to the writ of habeas
T. NON-IMPRISONMENT FOR DEBTS corpus?
EXTENDS TO DOES NOT EXTEND TO
Q: What is covered by this right?
All cases of illegal Questions of
A: This is the right of a person to be free from
confinement or conditions of
imprisonment for a debt or non-payment of a poll
detention by which any confinement; but only
tax. (Phil. Const., art. 3, § 20)
person is deprived of to the fact and duration
his liberty, or by which of confinement.
Q: What is a debt?
the rightful custody of
A: A contractual obligation, whether express or
any person is withheld
implied, resulting in any liability to pay money. Thus,
from the person
all other types of obligations are not within the scope
entitled to it.
of this prohibition. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 159, It is not a means for the
2011) redress of grievances
inquire into all manner or to seek injunctive
of involuntary restraint relief or damages. (In
U. EX POST FACTO LAWS AND BILLS OF and to relieve a person re: Major Aquino, G.R.
ATTAINDER from it if such restraint 174994, August 31,
is illegal. 2007).
Q: What is an ex-post facto law?
1. Makes an action done before the passing of the
Q: What is the Writ of Kalikasan?
law, and which was innocent when done,
A: The writ is a remedy available to a natural or
criminal, and punishes such action.
juridical person, entity authorized by law,
2. Aggravates the crime or makes it greater than
organization, non-governmental organization, or
when it was committed.
any public interest group accredited by or registered
3. Changes the punishment and inflicts a greater
with any government agency, on behalf of persons
punishment than that which the law annexed to
whose constitutional right to a balanced and
the crime when it was committed.
healthful ecology is violated, or threatened with
4. Alters the legal rules of evidence and receives
violation by an unlawful act or omission of a public
less testimony than the law required at the time
official or employee, or private individual or entity,
of the commission of the offense in order to
involving environmental damage of such magnitude
convict the accused.
as to prejudice the life, health or property of
5. Assumes to regulate civil rights and remedies
inhabitants in two or more cities or provinces. (A.M.
but in effect imposes a penalty or deprivation of
No. 09-06-08-SC Section 1, Rule 7).
a right, which when done was lawful.
6. Deprives a person accused of a crime of some
Q: What are the requisites for a party to avail of
lawful protection to which he has become a Writ of Kalikasan? (VUT)
entitled such as the protection of a former (1) There is an actual or threatened Violation of the
conviction or acquittal, or a proclamation of constitutional right to a balanced and healthful
amnesty. (Republic v. Eugenio, G.R. No. ecology;
(2) The actual or threatened violation arises from an
174629, February 14, 2008). Unlawful act or omission of a public official,
employee, or private individual or entity; and

(3) The actual or threatened violation involves or will

lead to an environmental damage of such
magnitude as to prejudice the life, health or property
of inhabitants in Two or more cities or provinces
(Sec. 1, Rule 7, Rules of Procedure for
Environmental Cases; Paje v. Casino, 2015
Q: What is the Writ of Habeas Data?

A: The writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act
or omission of a public official or employee, or of a
private individual or entity engaged in the gathering,
collecting, or storing of data or information regarding
the person, family, home and correspondence of the
aggrieved party. (Sec.1)
Q: What is the writ of amparo?

A: It is a remedy available to any person whose right
to life, liberty and security is violated or threatened
with violation by an unlawful act or omission of a
public official or employee, or of a private individual
or entity.
There must be a showing that their right to life,

liberty and security is violated or threatened with an
unlawful act or omission. Absent any considerable
nexus between the acts complained of and its effect
entry into the property. (P/Supt. Felixberto Castillo,

et. al. vs. Dr. Amanda T. Cruz, et. al., G.R. No.
182165, November 25, 2009).
Q: What is the quantum of evidence needed for

the issuance of a Writ of Amparo?
A: Under the Rule on the Writ of Amparo, the
applicants must establish their claims by substantial
evidence. (Ladaga v. Mapagu, 2012)
Q: Does the writ of amparo cover threats to

property?
A: No. To be entitled to a writ of amparo, petitioners
must prove that their rights to life, liberty and
security are being violated or threatened by an
unlawful act or omission. An allegation that
barangay tanods raided their farm to look for
marijuana and that they anticipated the possibility of
harassment cases, false accusation and violence is
not sufficient bases for a grant of the privilege of the
writ. The intrusion into their farm was merely a
violation of property rights. (Pador v. Arcayan, G.R.
No. 183460, March 12, 2013).

4. Serving in the armed forces of an enemy

VIII. CITIZENSHIP
country
5. when there is express renunciation of
A. WHO ARE FILIPINO CITIZENS Filipino citizenship
6. Seeking public office in a foreign country.
Q: Who are Filipino citizens? (Sec. 5, RA 9225)
1. Those who are citizens of the Philippines at the
time of the adoption of this Constitution; Q: Person A is a natural-born Filipino Citizen. He
2. Those whose fathers or mothers are citizens of was later naturalized as a citizen of the United
the Philippines; States, thereby losing his Filipino citizenship.
3. Those born before January 17, 1973, of Filipino Later, he applied for repatriation under RA 9225
mothers, who elect Philippine citizenship upon and took the Oath of Allegiance to the Republic
reaching the age of majority; and of the Philippines. But Person A continued using
4. Those who are naturalized in accordance with his foreign passport after renouncing his foreign
law. (Art. IV, Sec.1, PHIL. CONST.). citizenship. What is the effect on his Filipino
citizenship?
Q: Is a foundling considered a Filipino Citizen? A: The use of foreign passport after renouncing
A: Yes. While the Constitution is silent about
foundlings, the deliberations show that the framers
intended foundlings to be covered by the citizenship; it does not divest Filipino citizenship
enumeration of Filipino Citizens in the Constitution. regained by repatriation but it recants the Oath of
The textual omission was not because there was Renunciation required to qualify one to run for an
any objection to the notion that persons of "unknown elective position. (Maquiling v. COMELEC, G.R. No.
parentage" are not citizens but only because their 195649, 2013).
number was not enough to merit specific mention.
Furthermore, under international law, foundlings are NATURALIZATION AND DENATURALIZATION
citizens of the country where they were found. The
common thread of the UDHR, UNCRC and ICCPR Q: What are the grounds for denaturalization:
is to obligate the Philippines to grant nationality from 1. Naturalization certificate obtained fraudulently
birth and ensure that no child is stateless. (Poe- or illegally
Llamanzares v. COMELEC, GR. No. 221697, May 2. If within 5 years, he returns to his native
8, 2016). country or to some foreign country and
establishes residence there
B. MODES OF ACQUIRING CITIZENSHIP Provided: A one-year stay in the native
country or two-year stay in a foreign country
Q: What are the modes of acquiring citizenship? shall be prima facie evidence of intent to take
1. Direct Act of Congress up residence in the same.
2. Naturalization 3. Petition was made on an invalid declaration of
3. Repatriation intention
4. Minor children failed to graduate through the
Under RA 9225, by taking an oath of allegiance fault of the parents either by neglecting to
required of former natural-born citizens who may support them or by transferring them to
have lost their Philippine citizenship by reason of another school.
their acquisition of the citizenship of a foreign 5. Allowed himself to be used as a dummy
country. 6. Conviction of perjury and rape (In Re: Guy v.
Guy, G.R. No. L-41399, July 20, 1982)
C. LOSS AND RE-ACQUISITION OF
PHILIPPINE CITIZENSHIP GROUND AFFECTS GROUND WAS
THE INTRINSIC PERSONAL TO THE
Q: How is citizenship lost? VALIDITY OF THE DENATURALIZED
1. Cancellation of certificates of naturalization PROCEEDINGS FILIPINO
(In Re: Guy v. Guy, G.R. No. L-41399, July
20, 1982) The denaturalization shall Wife and children shall
2. Naturalization in a foreign country divest the wife and retain their Philippine
XPN: Take oath under §3, RA 9225. children of their derivative citizenship.
3. Being a deserter of the armed forces of naturalization.
country

Q: Differentiate the modes of Naturalization
DIRECT DERIVATIVE
NATURALIZATION NATURALIZATION
Citizenship is acquired Citizenship conferred

by an alien through: on:
1. Judicial i. Wife of naturalized
naturalization husband
under CA 473 ii. Minor children of
2. Administrative naturalize person
naturalization iii. Alien woman upon
under RA 9139 marriage to a
national
Legislative
naturalization in the Nachura, p.238.
form of a law enacted by
Congress, bestowing
Philippine citizenship to
an alien.
D. DUAL CITIZENSHIP AND DUAL

ALLEGIANCE
Q: Differentiate between Dual Citizenship and

Dual Allegiance
DUAL CITIZENSHIP DUAL ALLEGIANCE
Arises when, as a result Refers to the situation

of concurrent in which a person
application of the simultaneously owes,
different laws of two or by some positive
more states, a person voluntary act, loyalty to
is simultaneously two or more states
considered a national
by those other states;
Involuntary Voluntary
(Mercado v. Manzano, G.R. No. 135083, 1999).

distinguished from the selection or

IX. LAW ON PUBLIC OFFICERS
designation by a popular vote.
2. DESIGNATION - The mere imposition of
A. GENERAL PRINCIPLES new or additional duties upon an officer to
be performed by him in a special manner. It
Q: What is public office? presupposes that the officer is already in
A: The right, authority, and duty created and the service by virtue of an earlier
conferred by law, by which for a given period, either appointment, performing other functions.
fixed by law or enduring at the pleasure of the Thus, there is no new appointment and the
appointing power, an individual is invested with designation does not entitle the officer
some portion of the sovereign functions of the designated to additional benefits or the
government, to be exercised by him for the benefit right to claim the salary attached to the
of the public. (Fernandez v. Ledesma, G.R. No. L- position.
18878, 1963). 3. ELECTION - The act of selecting or
choosing a person by popular vote to
Q: What are the elements of public office? occupy the office. (Borromeo v. Mariano,
A: The elements are: (LSCIP) G.R. No. L-16808, 1921; Conde v. National
1. Created by law or by authority of law; Tobacco Corp., G.R. No. L-11985, 1921).
2. Possess a delegation of portion of
sovereign powers of government, for Q: Is acceptance of an appointment required?
benefit of the public; A: GR: As a general rule, acceptance of
3. Powers conferred and duties imposed appointment is not necessary for the completion or
defined by Constitution, legislature, or by its validity of appointment. (Marbury v. Madison, 5 US
authority; 137, 1830)
4. Duties performed independently and only
controlled by law unless placed under XPN: However, it is necessary to possession of
general control of superior office or body; office, and to enable appointee to the enjoyment and
5. Permanent or continuous. (State Ex Rel. responsibility of an office. (Magana v. Auditor-
Barney v. Hawkins, 257 P. 411 (Mont. General, GR No. L-12180, 1960)
1927).
Q; How is acceptance made?
Q: Is public office a property right? A: Acceptance may be express when it is done
A: No, public office is not a property right, but a verbally or in writing. Acceptance is implied when,
protected right. It cannot be taken from the without formal acceptance, the appointee enters
incumbent without due process. It also protected by upon the exercise of the duties and functions of an
the right of security of tenure, which is guaranteed office.
by the Constitution. (Segovia v. Noel, G.R. No. L-
23226, 1925) Q: Who are the officers to be appointed by the
president? (E-MA2C-JC2AR-NL2)
Q: How is public office created? 1. Heads of executive departments
A: Public office is created: 2. Ambassadors
i. By the constitution; (e.g. Office of the 3. Other public ministers and consuls
President) 4. Officers of the armed forces from the rank of
ii. By valid statutory enactments; (e.g. Office of colonel or naval captain
the Insurance Commissioner) 5. Other officers whose appointments are vested in
iii. By authority of law. (e.g. the Davide him in the Constitution
Commission) (Serana v. Sandiganbayan, G.R. a. Regular members of the Judicial and Bar
No. 162059, 2008; Buklod ng Kawaning EIIB v. Council
Zamora, G.R. No. 142801-802, 2001). b. The Chairman and Commissioners of the
Civil Service Commission
c. The Chairman and Commissioners of the
Q: How is title to public office acquired? COMELEC
A: It is acquired through the following: (ADE) d. The Chairman and Commissioners of the
1. APPOINTMENT - The act of designation by Commission on Audit
the executive officer, board, or body to e. Members of the Regional Consultative
whom that power has been delegated, of Commission
the individual who is to exercise the powers 6. Officers whose appointments are not otherwise
and functions of a given office. It is to be provided for by law

7. Officers whom the president may be authorized public office. In which case, the individual must
by law to appoint possess these qualities at the time of
8. Officers lower in rank whose appointments the appointment or election and continuously for as
Congress, by law, vested in the President (Art. long as the official relationship continues; or
X, Sec.18). 2. It may refer to the act of entering into the
performance of the functions of a public office.
B. KINDS OF APPOINTMENT (Nachura Law Notes on Law on Public Officers).
Q: Differentiate between ad-interim Q: What are qualifications in the sense of the act
appointments and temporary appointments. of entering into the performance of the functions
A: Ad interim appointments are made while of a public office?
Congress is NOT in session or during its recess, A: It means that failure of an officer to perform an
whether such recess is voluntary (before
adjournment) or compulsory (when Congress given office.
adjourns). The appointment shall cease to be
effective upon rejection by the COA, or if not acted Prolonged failure or refusal to take the office could
upon, at the adjournment of the next session of result in forfeiture of office. (Masadao Jr. v. Glorioso,
Congress, whether regular or special. (Art. VI, Sec. A.M. No. P-26-1207, 1997).
19).
An oath of office taken before a person who has no
Temporary or acting appontments are those which authority to administer oath is no oath at all.
last until a permanent appointment is issued. The
Commission on Appointments cannot confirm their Once proclaimed and duly sworn in office, a public
appointments because confirmation presupposes a officer is entitled to assume office and to exercise
valid nomination or ad-interim appointment. Thus, the functions thereof. The pendency of an election
the appointee has no personality to bring a quo protest is not sufficient basis to enjoin him from
warranto proceeding because he is not entitled to assuming office. (Mendoza v. Laxina, Jr. G.R. No.
office. (Valencia v. Peralta, G.R. No. L-20864, 1963; 146875, 2003).
Rules of Court, Rule 66, Sec. 6).
Q: Who are required to give an official bond
Q: Is acquisition of civil service eligibility during before qualifying for a public office?
tenure of a temporary appointee necessarily A: Only accountable public officers or those who are
translate to permanent appointment? entrusted with the collection and custody of public
A: No. A new appointment which is permanent is money, and public ministerial officers whose actions
necessary. (Province of Camarines Sur v. CA, G.R. may affect the rights and interests of individuals. (F.
No. 104639, 1995) Mechem, A Treatise on the Law of Public Offices
and Officers, 165, 1980).
Q: A was a career ambassador when he
accepted an ad-interim appointment as cabinet Q: What is the liability of an officer who
member. However, the Commission on misrepresented his or her qualification, e.g.
Appointments by-passed his ad-interim educational attainment and eligibility for
appointment, and he was not re-appointed. Can government service?
he re-assume his position as career A: The employee is guilty of plain and simple
ambassador? dishonesty as it refers to the act of intentionally
A: The career ambassador cannot re-assume his making a false statement on any material fact in
position. His ad-interim appointment as cabinet (Momongan v.
member was a permanent appointment. (Summers Sumayo, A.M. No. P-10-2767, 2011)
v. Ozaeta, G.R. No. L-1534, 1948)
Q: What is required of all public officers and
He abandoned his position as ambassador when he employees based on the Constitution?
accepted his appointment as cabinet member A: All public officers and employees shall take an
because as cabinet member, he could not hold any oath or affirmation to uphold and defend the
other office during his tenure. (Art. VIII, Sec. 13). Constitution. (Phil. Const., art. IX-B, § 4)
Q: What are qualifications?

A: Qualifications can be understood in two ways:
1. It may refer to endowments, qualities, or
attributes which make an individual eligible for

C. DISABILITIES AND INHIBITIONS OF a term of seven (7) years, without

PUBLIC OFFICERS reappointment. (Phil. Const. art. IX-B, § 1(2); art.
IX-C, § 1(2); Art. IX-D, §. 1(2); art. IX, §11)
Q: What are the general disqualifications of 8. The spouse and relatives by consanguinity or
public officers? affinity within the fourth civil degree of the
1. No candidate who lost in an election shall, within President shall not during his tenure be
one year after such election, be appointed to any appointed as Members of the Constitutional
office in Government. (Phil. Const. art. IX-B, §VI) Commissions, or the Office of the Ombudsman,
2. No elective official shall be eligible for or as Secretaries, Undersecretaries, chairmen or
appointment or designation in any capacity to heads of bureaus or offices, including
any public office or position during his tenure. government-owned or controlled corporations
(Phil. Const., art. IX-B, § 7(1)) (Phil. Const. art. VII, § 13, Art. VII)
3. Unless otherwise provided by law or by the
primary functions of his position, no appointive Q: Distinguish between dishonesty and
official shall hold any other position in negligence.
Government. (Phil. Const., art. IX-B, § 7(2)) A: Dishonesty begins when an individual
intentionally makes a false statement in any material
Q: What are the special disqualifications of fact, or practicing or attempting to practice any
public officers? deception or fraud in order to secure his
1. The President, Vice-President, the Members of examination, registration, appointment or
the Cabinet, and their deputies or assistants promotion. It should be emphasized only when the
shall not, unless otherwise provided in the accumulated wealth becomes manifestly
Constitution, hold any other office or
employment during their tenure. (Phil. Const. art. sources of income and his failure to properly
VIII, §13) account or explain his other sources of income does
2. No Senator or Member of the House of he become susceptible to dishonesty. (Ombudsman
Representatives may hold any other office or v. Nieto, G.R. No. 185685, 2011).
employment in the Government, or any
subdivision, agency or instrumentality thereof, In the case of public officials, there is negligence
including government-owned or controlled when there is a breach of duty or failure to perform
corporations or their subsidiaries, during his the obligation, and there is gross negligence when a
term, without forfeiting his seat. Neither shall he breach of duty is flagrant and palpable. Failing to
be appointed to any office which may have been comply with his duty to provide a detailed list of his
created or the emoluments thereof increase assets and business interests in his SALN and for
during the term for which he was elected. (Phil. relying on the family bookkeeper/accountant to fill
Const. art. VI, § 13) out his SALN and in signing the same without
3. The Members of the Supreme Court and of other checking or verifying the entries is
courts established by law shall not be designated negligence. (Presidential Anti-Graft Commission v.
to any agency performing quasi-judicial or Pleyto, G.R. No. 176058, 2011)
administrative functions. (Phil. Const. art. VIII, §
12) Q: What are the rules on nepotism?
4. No Member of a Constitutional Commission 1. The Constitution prohibits the president from
shall, during his tenure, hold any other office or appointing his close relatives (within the 4th civil
employment. (Phil. Const. art. IX-A, § 2) The degree by consanguinity or affinity to the
same disqualification applies to the Ombudsman president or his spouse) to high positions in
and his deputies. (Phil. Const. art. XI, § 8) government during his tenure. No relative of the
5. The Ombudsman and his Deputies shall not be President, within the 4th civil degree, shall be
qualified to run for any office in the election appointed to/as:
immediately succeeding their cessation from . A Constitutional Commission
office. (Phil. Const. art. XI, § 11) a. The Office of the Ombudsman
6. Members of Constitutional Commissions, the b. Secretary of a Department
Ombudsman and his deputies must not have c. Undersecretary of a Department
been Candidates for any elective position in the d. Chairman or Head of Bureaus of Offices
elections immediately preceding their e. Any GOCC
appointment. (Phil. Const. art. IX-B, IX-C, IX-D, f. Any GOCC subsidiary
§. 1; art. XI, § 8) 2. Under the Civil Service Decree, all appointments
7. Members of the Constitutional Commissions, the in the national, provincial, city, and municipal
Ombudsman and his deputies are appointed to governments or in any branch or instrumentality,

including GOCCs, made in favor of the the SALN and do not include charges for falsification
appointing or recommending authority, or of the of the assets and for declaring a false net worth
chief of the bureau of the office, or of persons because these are substantive, not formal defects.
exercising immediate supervision over him, are (Carabeo v. Sandiganbayan, G.R. No. 190580-81,
prohibited. As used in the Civil Service Law, the 2011).
referred to those within the 3rd degree of Q: Who are required to file SALN? (VAPOS-C3)
consanguinity or affinity. (Presidential Decree 1. President
No. 807, Sec. 49). 2. Vice-President
3. Members of the Cabinet
Q: The rule on nepotism does not apply to 4. Members of Congress
designations made in favor of a relative of the 5. Justices of the Supreme Court
authority making a designation. True or False. 6. Members of Constitutional Commissions
A: False. A designation accomplishes the same 7. Other constitutional offices
purpose as appointment. (Laurel v. Civil Service 8. Officers of the Armed Forces with general or
Commission, G.R. No. 71562, 1991); 2010 Bar flag rank
Exam Question.
Q: What are the exceptions to the rule on A public officer or employee shall submit a
nepotism? (CTAP) declaration under oath of his assets, liabilities and
1. Persons employed in confidential capacity net worth within 30 days after the assumption of
2. Teachers office, as often as required under the law, i.e., on or
3. Physicians before April 30 of every year thereafter, and within
4. Members of AFP (Executive Order No, 292, § 30 days after separation from service. (Republic Act
59). No. 6713, Sec. 8 (A)).
Q: The Mayor of San Jose City appointed his Q: What happens when an employee makes a
wife, Amelia, as City Treasurer from among tree misdeclaration in his or her SALN?
(3) employees of the city considered for the said A: Mere misdeclaration in SALN does not
position. Prior to said promotion, Amelia had automatically amount to dishonesty. Only when the
been an Assistant City Treasurer for ten (10) accumulated wealth becomes manifestly
years, that is, even before she married the City
Mayor. Should the Civil Service Commission sources of income and the public officer/employee
approve the promotional appointment of fails to properly account or explain his or her other
Amelia? Why or why not? sources of income, does he become liable to
A: The Civil Service Commission should not dishonesty. (Ombudsman v. Racho, G.R. No.
approve the promotional appointment of Amelia. 185685, 2011)
Sec. 59(1), Chapter 7, Title I, Subsection A, Book V
of the Administrative Code prohibits all D. POWERS AND DUTIES OF PUBLIC
appointments in the cities of a relative of the OFFICERS
appointing authority within the third degree of
consanguinity or affinity. The prohibition applies to Q: What are the rights of public officers?
all appointments, whether original or promotional. 1. Right to Office, just and legal claim to exercise
(Debulgado v. CSC, G.R. No. 111471, 1994). powers and responsibilities of public office.
2. Right to Wages
Q: What is the rule regarding errors in the 3. Right to Preference in Promotion, subject to the
Statements of Assets, Liabilities and Net Worth discretion of the appointing authority
(SALN)? 4. Right to Vacation and Lick leave
A: Section 10 of R.A. 6713 provides that when the 5. Right to Maternity Leave
head of office finds the SALN of a subordinate 6. Right to Retirement Pay
incomplete or not in the proper form, such head of 7. Other rights:
. Right to reimbursement for expenses
omission and give him the chance to rectify the incurred in due performance of duty (does
same. However, there is no right to notice regarding not include transportation allowance for
errors in his SALN and to be told to correct the those using government vehicles)
same. The notice and correction referred to in a. Right to be indemnified against liabilities
Section 10 are intended merely to ensure that they may incur in bona fide discharge of
duties
These refer to formal defects in b. Right to longevity pay

Q: Van sought to disqualify Manresa as

Q: What is the hold-over principle? congresswoman of the third district of Manila on
It is the principle which provides that even though a the ground that the latter is a green card holder.
By the time the case was decided against
terminated, he should continue holding his office Manresa, she had already served her full term as
until his successor is appointed or chosen and had congresswoman. What was Manresa's status
qualified. (Topacio Nueno v. Angeles, 76 Phil. 12, during her incumbency as congresswoman?
1946). A: She was a de facto officer since she was elected
and she served, and her disqualification only came
E. DE FACTO V. DE JURE OFFICERS later. (Sampayan v. Daza, G.R. No. 103903, 1992).
Q: What is a de facto officer? F. THE CIVIL SERVICE

A: A de facto officer is one who derives his
appointment from one having colorable authority to SCOPE
appoint, if the office is an appointive office, and
whose appointment is valid on its face. He may also Q: What is the scope of the Civil Service?
be one who is in possession of an office, and is A: It embraces all branches, subdivisions,
discharging its duties under color of authority, by instrumentalities and agencies of the government,
which is meant authority derived from an including government-owned or controlled
appointment, however irregular or informal, so that corporations with original charter. (Art. IX-B, Sec.
the incumbent is not a mere volunteer. (Funa v. 2(1)).
Agra, G.R. No. 191644, 2013).
Q: What are the classes of service in the Civil
Q: What are the effects of the acts of de facto Service?
officers? 1. Career Service
A: The acts of the de facto officer, insofar as they 2. Non-Career Service
affect the public, are valid, binding and with full legal
effect. The doctrine is intended not for the protection Q: What is career service?
of the public officer, but for the protection of the A: It is characterized by:
public and individuals who get involved in the official 1. Entrance based on merit and fitness to be
acts of persons discharging duties of a public office. determined by competitive examinations or
(Funa v. Agra, G.R. No. 191644, 2013) based on highly technical qualifications
2. Opportunity for advancement to higher
Q: Are de facto officers entitled to salaries? career positions
A: The rightful incumbent of a public officer may 3. Security of tenure (P.D. No. 807, Art. 4,
recover from an officer de facto the salary received Sec. 5).
by the latter during the time of his wrongful tenure,
even though he entered into the office in good faith It is composed of the following levels of positions:
and under color of title. (General Manager v. 1. 1st level: clerical, trades, crafts and
Monserate, G.R. No. 129616, 2002) custodial service positions involving non-
professional/sub-professional in a non-
However, where there is no de jure public officer, the supervisory or supervisory capacity
officer de facto, who in good faith has had requiring less than 4 yrs of collegiate
possession of the office and has discharged the studies
duties pertaining thereto, is legally entitled to the 2. 2nd level: professional, technical and
emoluments of the office, and may, in an scientific positions in a non-
appropriate action, recover the salary, fees and supervisory/supervisory capacity requiring
other compensation attached to the office. (Civil at least 4 years of college work up to
Liberties Union v. Executive Secretary, G.R. No. division chief level
83896, 1991). 3. 3rd level: career executive service
positions. (P.D No. 807, Art. 4, Sec. 7).
Q: A person who occupies an office that is
defectively created is a de facto officer. True or Q: What is non-career service?
False. A: It is characterized by:
A: False. For him to be a de facto officer, the office 1. Entrance on bases other than those of the
must be validly created. (Tuanda v. Sandiganbayan, usual test of merit and fitness
G.R. No. 110544, 1995) 2. Tenure which is limited to
o Period specified by law

o Coterminous with that of Q: Who may inquire into the validity of creation
appointing authority of positions?
o A: It is the CSC which is empowered to look into the
pleasure validity of creation of positions and appointments of
o Limited to the duration of a personnel appointed by the Mayor which
particular project (P.D. No 807, appointments were confirmed by the CSC. There
Art. 4, Sec. 6). being a valid appointment confirmed by CSC and
They, however, enjoy constitutional the concerned personnel having rendered services,
guarantee that they cannot be removed, payment of their salaries is proper and legal.
except for cause and after due hearing. (Tolentino vs. Atty. Roy Loyola, G.R. No. 153809,
(P.D. No 807, Sec. 36). 2011)
APPOINTMENTS TO THE CIVIL SERVICE Q: What are the valid personnel actions?
1. Extending temporary appointment, but, must
Q: What are the causes for protesting an not amount to removal.
appointment? 2. Transfer or re-assignment, which shall not
1. Appointee not qualified involve a reduction in rank, status, and salary,
2. Appointee is not the next-in-rank without break in service.
3. In the case of appointment by transfer, 3. Detail, which must be made in the interest of
reinstatement, or by original appointment, that public service, absent showing of manifest
the protestant is not satisfied with the written abuse or improper motive or purpose
special reason(s) given by the appointing
authority. (P.D. No. 807, Art. 8, Sec. 19(6)). Q: What are the personnel actions amounting
to removal?
1. Shortening term
A: It means for reasons which the law and sound 2. Control does not extend to removal
public policy recognized as sufficient warrant for 3. Demotion
approval; that is, legal cause, and not merely causes 4. Denial of optional retirement and refusal to
which appointing power, in the exercise of reinstate
discretion, may deem sufficient. The cause must
relate to and affect the administration of the office, Q: Can personnel be temporarily transferred?
and must be restricted to something substantial in A: Yes. But, while a temporary transfer or
nature. (Eduardo de los Santos v. Gil Mallare, G. R. assignment of personnel is permissible even without
No. L-3881, 1950).
when the transfer is a preliminary step toward his
Q: May the CSC revoke an appointment? removal, or is a scheme to lure him away from his
A: Generally, no, but, it may be revoked/recalled by permanent position, or designed to indirectly
the CSC on the following grounds: terminate his service, or force his resignation. Such
1. Non-compliance w/ the procedures/criteria a transfer would in effect circumvent the provision
which safeguards the tenure of office of those who
2. are in the Civil Service. (Hon. Gloria v. CA, G.R. No.
selection/promotion board 119903, 2000)
3. Violation of the existing collective agreement
between management and employees relative
to promotion
4. Violation of other existing civil service law, rules
& regulations
1. Personnel actions
Q: What are personnel actions?

A: These are any action denoting movement or
progress of personnel in the civil service. (Omnibus
Implementing Rules of E.O. No. 292, Rule V, § 1,
cited in City Mayor Debulgado v. CSC, G.R. No.
111471, 1994)

G. ACCOUNTABILITY OF PUBLIC an administrative offense under preventive

OFFICERS suspension. That power is clearly confined under
Section 24 of R.A. No. 6770.
1. DISCIPLINE The law sets forth 2 conditions that must be satisfied
to justify the issuance of an order of preventive
LIABILITIES OF PUBLIC OFFICERS suspension pending an investigation:
1. The evidence of guilt is strong; and
1. Preventive suspension and back salaries 2. Either of the following circumstances co-exists
with the first requirement:
Q: What is preventive suspension? a. The charge involves dishonesty,
A: Preventive suspension is merely a preventive oppression or grave misconduct or neglect
measure, a preliminary step in an administrative in the performance of duty;
investigation. The purpose of the suspension order b. The charge would warrant removal from the
is to prevent the accused from using his position and service; or
the powers and prerogatives of his office to c. The respondent's continued stay in office
influence potential witnesses or tamper with records may prejudice the case filed against him.
which may be vital in the prosecution of the case (Ombudsman v. Valeroso, G.R. No.
against him. If after such investigation, the charge is 167828, 2007)
established and the person investigated is found
guilty of acts warranting his suspension or removal, Q: Is prior notice and hearing required before
then, as a penalty, he is suspended, removed or an officer may be placed under preventive
dismissed. (Villasenor v. Sandiganbayan, G.R. No. suspension?
180700, 2008) A: No. Settled is the rule that prior notice and
hearing are not required in the issuance of a
Q: What are the kinds of preventive suspension preventive suspension order. (Carabeo v. CA, G.R.
(PS)? Nos. 178000 and 178003, 2009)
1. Preventive Suspension pending investigation;
2. Preventive Suspension pending appeal. 2. Illegal dismissal, reinstatement and back
salaries
Q: What is preventive suspension pending
investigation? Q: What are ultra vires acts?
A: Such suspension is not a penalty. It is a measure A: These are acts which are clearly beyond the
intended to enable the disciplining authority to scope of one's authority. They are null and void and
investigate charges against respondent by cannot be given any effect. The doctrine of estoppel
preventing the latter from intimidating or in any way cannot operate to give effect to an act which is
influencing witnesses against him. If the otherwise null and void or ultra vires. (Acebedo
investigation is not finished and a decision is not Optical Company v. CA, G.R. No. 100152, 2000)
rendered within that period, the suspension will be
lifted and the respondent will automatically be Q: What is demotion?
reinstated. If after investigation, respondent is found A: There is demotion when an employee is
innocent of the charges and is exonerated, he appointed to a position resulting in diminution of
should be reinstated. (CSC v. Alfonso, G.R. No. duties, responsibilities, status or rank, which may or
179452, 2009) may not involve a reduction in salary. Where an
employee is appointed to a position with the same
Q: What is preventive suspension pending duties and responsibilities but with rank and salary
appeal? higher than those enjoyed in his previous position,
A: This is part of the penalty. no back salaries shall there is no demotion and the appointment is
be due for the period of preventive suspension valid. (Bautista v. Civil Service Commission, G.R.
pending investigation but only for the period of No. 185215, 2010).
preventive suspension pending appeal, in the event
the employee is exonerated. (Gloria v. CA, G.R. No. Q: When is demotion not proper?
131012, 1999) A: Demotion to a lower rate of compensation is also
equivalent to removal if no cause is shown for it
Q: May the Ombudsman place a public officer when it is not part of any disciplinary action. (Floreza
under preventive suspension? v. Ongpin, G.R. No. 81356, 1990).
A: Yes. There is no dispute as to the power of the
Ombudsman to place a public officer charged with

Q: Is proof of damage required for one to be (DOTC v. Cruz, G.R. No. 178256, 2008) However,
administratively liable? an illegally terminated civil service employee is
A: No. Proof of damage or actual injury is not entitled to back salaries limited only to a maximum
required for administrative liability to attach to a period of five years. (Galang v. Land Bank, G.R. No.
public officer. It is enough that the act was contrary 175276, 2011)
to the established norms of conduct for government
service. However, an employee of GSIS who altered Q: Where should the claim for back salaries be
IP addresses without authority, not in the filed?
performance of his duties, will not be guilty of grave A: The claim for recovery of back salaries involves
misconduct but conduct prejudicial to the best settlement of accounts or claims against the
interest of service. To constitute misconduct, the act government and should therefore be filed with the
or acts must have a direct relation to and be Commission on Audit.
connected with the performance of official duties.
(GSIS v. Mayordomo, G.R. No. 191218, 2011) Q: Mario, a Bureau of Customs examiner, was
administratively charged with grave misconduct
Q: What is reinstatement? and preventively suspended pending
A: It is the restoration to a state or condition from investigation. The head of office found him
which one had been removed or separated. One guilty as charged and ordered his dismissal. The
who is reinstated assumes the position he had decision against him was executed pending
occupied prior to the dismissal and is, as an ordinary appeal. The CSC subsequently found him guilty
rule, entitled only to the last salary in that position. and after considering a number of mitigating
(Judy Philippines, Inc. v. NLRC, G.R. No. 111934, circumstances, reduced his penalty to only one-
1998; People v. Macalino, G.R. No. 79387, 1989). month suspension. Is Mario entitled to back
salaries?
Q: When is a public officer entitled to A: No, he is still guilty of grave misconduct, only the
reinstatement and back salaries? penalty was reduced.
A: Two conditions before an employee may be
entitled to back salaries. Q: X, an administrative officer in the Department
1. The employee must be found innocent of the of Justice, was charged with grave misconduct
charges; and and preventively suspended for 90 days pending
2. His suspension must be unjustified or the official investigation. Based on the evidence, the
was innocent. Laws provide for preventive Secretary of Justice found X guilty as charged
suspension for a fixed period. Thus, a and dismissed him from the service. Pending
suspension beyond the fixed period is appeal, X's dismissal was executed.
unjustified and must be compensated. (CSC v. Subsequently, the Civil Service Commission
Cruz, G.R. No. 187858, 2011)
reversal became final and executory. What is the
Q: When is a public officer not entitled to effect of X's exoneration?
reinstatement and back salaries? A: Because of his exoneration, X is entitled to
A: A public officer is not entitled to reinstatement reinstatement and back salaries during his
and back salaries, when removal or suspension is suspension pending appeal.
lawful. The denial of salary to an employee during
the period of his suspension, if he should later be Q: Are public officers immune from suit?
found guilty, is proper because he had given ground A: Yes. A public officer is not liable for injuries
for his suspension. It does not impair his sustained by another due to official acts done within
constitutional rights because the Constitution itself the scope of his authority. (Revised Penal Code, art.
allows suspension for cause as provided by law, and 11 (5)).
the law provides that an employee may be
suspended pending an investigation or by way of Q: Are there exceptions t
penalty. (Bangalisan v. CA, G.R. No. 124678, 1997) immunity from suit?
A: Yes. A public officer is not immune when liability
Q: If the public officer is entitled to back does not devolve ultimately to the State, such as:
salaries, how much should this be? 1. A petition to require official to do his duty
A: When an official or employee was illegally 2. A petition to restrain him from doing an act
dismissed and his reinstatement is ordered, for all 3. To recover taxes from him
legal purposes he is considered as not having left 4. Those where the officer impleaded may by
his office and, therefore, is entitled to all rights and himself alone comply with the decision of the
privileges that accrue to him by virtue of the office. court

5. Where the government itself has violated its voluntary relinquishment of an office by
own laws the holder, with the intention of
terminating his possession and control
Also, where a public officer has committed an ultra thereof. There are, therefore, two
vires act, or where there is a showing of bad faith, essential elements of abandonment:
malice or gross negligence, the officer can be held first, an intention to abandon and
personally accountable even if such acts are
claimed to have been performed in connection with which the intention is carried into effect.
official duties. (Wylie v. Rarang, G.R. No. 74135,
1992) Where the public officer is sued in his Generally speaking, a person holding a
personal capacity, state immunity will not apply. public office may abandon such office by
(Lansang v. CA, G.R. No. 102667, 2000) nonuser or acquiescence. Non-user refers to
a neglect to use a right or privilege or to
Q: Executive Secretary Chua issued an order exercise an office. However,
prohibiting the holding of rallies along Mendiola nonperformance of the duties of an office
because it hampers the traffic flow to does not constitute abandonment where
Malacanang. A group of militants questioned the such nonperformance results from temporary
order for being unconstitutional and filed a case disability or from involuntary failure to
against Secretary Chua to restrain him from perform. Abandonment may also result from
enforcing the order. Secretary Chua raised state an acquiescence by the officer in his wrongful
immunity from suit claiming that the state removal or discharge, for instance, after a
cannot be sued without its consent. Is the claim summary removal, an unreasonable delay by
correct? an officer illegally removed in taking steps to
A: No, public officers may be sued to restrain them vindicate his rights may constitute an
from enforcing an act claimed to be unconstitutional. abandonment of the office. (Canonizado v.
Aguirre, G.R. No. 133132, 2001)
Q: If a public officer has already resigned,
should the administrative complaint filed b. Acceptance of an incompatible office It is
against her be dismissed? a well settled rule that he who, while
A: Cessation from office by virtue of her intervening occupying one office, accepts another
resignation did not warrant the dismissal of the incompatible with the first, ipso facto vacates
administrative complaint against her, for the act the first office and his title is thereby
complained of had been committed when she was terminated without any other act or
still in the service. (Concerned Citizen v. Catena, proceeding. Public policy considerations
A.M. OCA IPI No. 02-1321-P, 2013) dictate against allowing the same individual
to perform inconsistent and incompatible
Q: What are the causes for termination of official duties. The incompatibility contemplated is
relations? (TAD PAIR CAIRR) not the mere physical impossibility of one
orming the duties of the two
1. NATURAL CAUSES: offices due to a lack of time or the inability to
a. Expiration of the term or tenure of office be in two places at the same moment, but
unless authorized to hold over, his/her that which proceeds from the nature and
rights and duties ipso facto cease; relations of the two positions to each other
b. Reaching the age limit (retirement) 65 as to give rise to contrariety and antagonism
years for public officers and employees; should one person attempt to faithfully and
c. Death or permanent disability. impartially discharge the duties of one
toward the incumbent of the
2. ACTS OR NEGLECT OF OFFICER: other. (Canonizado v. Aguirre, G.R. No.
a. Prescription of Right to Office quo 133132, 2001)
warranto is the proper remedy against
a public officer or employee for his/her c. Resignation formal renunciation or
ouster from office, which should be relinquishment of office. To constitute a
commenced within one year after the complete and operative act of resignation,
cause of such ouster; otherwise the the officer or employee must show a clear
action shall be barred; intention to relinquish or surrender his
position accompanied by the act of
a. Abandonment of Office relinquishment. Resignation implies an
Abandonment of an office is the expression of the incumbent in some form,

express or implied, of the intention to number of registered voters or total number of

surrender, renounce and relinquish the those who actually voted during the local
office, and its acceptance by competent and election in 2005, whichever is lower. Anton
lawful authority. Verily, a "courtesy attacked the COMELEC resolution for being
resignation" cannot properly be interpreted invalid. Do you agree with Anton?
as resignation in the legal sense for it is not Yes, the petition should be initiated by at least 25%
necessarily a reflection of a public official's of the total number of registered voters of Tunawi.
intention to surrender his position. Rather, it (See, Republic Act 7160, Sec. 70)
manifests his submission to the will of the
political authority and the appointing power. 2. IMPEACHMENT
(Ortiz v. COMELEC, G.R. No. 78957, 1988)
Q: What is Impeachment?
3. ACTS OF THE GOVERNMENT OR PEOPLE: A: Impeachment refers to the power of Congress to
remove a public official for serious crimes or
a. Conviction of a crime termination results misconduct as provided in the Constitution. It is a
when the penalties of perpetual or temporary mechanism designed to check abuse of power.
absolute disqualification or penalties of perpetual or (Corona v. Senate of the Philippines sitting as an
temporary special disqualification are imposed upon Impeachment Court, G.R. No. 200242, 2012)
conviction by final judgment in a trial court
Q: Who may be impeached? (VP-SOC)
b. Abolition of office 1. President
c. Impeachment way of removing the 2. Vice President
President, Vice President, Members of the 3. Supreme Court Justices
Supreme Court and the Constitutional 4. Constitutional Commission members
Commissions and the Ombudsman 5. Ombudsman
d. Removal ouster of the incumbent before Q: What are the grounds for impeachment?
the expiration of his/her term (GOT BBC)
e. Recall refers to the election itself by 1. Graft and corruption
means of which voters decide 2. Other high crimes
whether they should retain their local 3. Treason
official or elect replacement. The 4. Betrayal of public trust
5. Bribery
6. Culpable violation of the Constitution
Q: What is the relationship between This is an exclusive list. Congress cannot add to the
administrative liability and criminal liability? list of impeachable offenses. (Bernas Primer, page
A: It is a fundamental principle in the law on public 444).
officers that administrative liability is separate from
and independent of criminal liability. A simple act or Q: How is impeachment done?
omission can give rise to criminal, civil or 1) Filing of verified complaint. Can be filed by:
administrative liability, each independently of the a) Any member of the House of
others. This is kn Representatives
Thus, absolution from a criminal charge is not a bar b) Any citizen upon a resolution or
to an administrative prosecution, and vice versa. endorsement by any Member of the House
The dismissal of the administrative cases against c) By at least 1/3 of all the Members of the
the petitioners will not necessarily result in the House of Representatives
dismissal of the criminal complaints filed against
them. (Regidor, Jr. vs. People, G.R. No. 166086- Note: If the verified complaint or resolution of
92, 2009) impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the
Q: Anton was the duly elected Mayor of Tunawi Articles of Impeachment. Trial in the Senate
in the local elections of 2004. He got 51% of all shall proceed.
the votes cast. Fourteen months later, Victoria,
who also ran for mayor, filed with the Local 2) Inclusion of complaint in the order of business
Election Registrar, a petition for recall against within 10 session days
Anton. The COMELEC approved the petition and
set a date for its signing by other qualified voters 3) Referral to proper Committee within 3 session
in order to garner at least 25% of the total days thereafter

standards as to the form and substance of an

4) Submission of committee report to the House impeachment complaint. Questions on what
together with corresponding resolution constitutes as an impeachable offense are
considered to be purely political questions and thus
5) The report should be submitted within 60 days left to the sound determination of the legislature.
from referral, after hearing, and by a majority (Gutierrez v. House Committee on Justice, G.R. No.
vote of all its members. 193459, 2011)
6) Calendaring of resolution for consideration by Q: Can the SC inquire into the conduct of
the House impeachment proceedings?
A: The SC found it well-within its power to determine
7) Should be done within 10 session days from whether Congress committed a violation of the
receipt thereof Constitution or gravely abused its discretion in the
exercise of its functions and prerogatives that could
8) Vote of at least 1/3 of all the members of the translate as lack or excess of jurisdiction in taking
House necessary to: cognizance of two impeachment complaints that are
a) Affirm a favorable resolution with the inquisitorial in function, akin to a preliminary
Articles of Impeachment of the Committee investigation. (Gutierrez v. House Committee on
or Justice, G.R. No. 193459, 2011)
b) To override its contrary resolution
Q: What are the effects of impeachment? (LDR)
9) The 1-year period shall be counted from the 1. Removal from office of the official concerned
time of the filing of the first impeachment 2. Disqualification to hold any office
complaint. Impeachment proceedings pertain to 3. Officer still liable to prosecution, trial, and
the proceedings in the House of Representative punishment if the impeachable offense
which commences from the initiation of the committed also constitutes a felony or crime.
complaint, to the referral to proper committees,
to submission of the report to the House, Q: Upon endorsement from the Senate where it
subsequent deliberation, and ends with the was first mistakenly filed, the House of
transmittal of the Article of Impeachment to the Representatives Committee on Justice found
Senate. An impeachment case pertains to a trial the verified complaint for impeachment against
in the Senate which commences at the time the the President sufficient in form but insufficient
Articles of Impeachment are transmitted to the in substance. Within the same year, another
Upper House. (Art XI, Sec. 3, PHIL. CONST.). impeachment suit was filed against the
President who questioned the same for being
Q: Who has the power to try and decide violative of the Constitution. Is the President
impeachment cases? correct?
A: Senate has the sole power to try and decide all A: Yes, no impeachment proceeding can be filed
cases of impeachment. against the President more than once within a year.
(Rules of Procedure in Impeachment Proceedings,
Q: Who has the power to initiate impeachment Rule 5, Sec. 14).
complaints?
A: The House of Representatives has the exclusive Q: Can a Chief Justice, an impeachable officer,
power to initiate impeachment cases. However, this be a respondent in a quo warranto proceeding?
power has limitations, which include the manner of A: Impeachment is not an exclusive remedy by
filing, required vote to impeach, and the one-year which an invalidly appointed or invalidly elected
bar on the impeachment of one and the same impeachable official may be removed from office.
official. (Gutierrez v. House Committee on Justice, The language of Section 2, Article XI of the
G.R. No. 193459, 2011) Constitution does not foreclose a quo
warranto action against impeachable officers:
Q: Who determines sufficiency of form and -President, the
substance of an impeachment complaint? Members of the Supreme Court, the Members of the
A: The determination of sufficiency of form and Constitutional Commissions, and the
substance of an impeachment complaint is an Ombudsman may be removed from office on
exponent of the express constitutional grant of rule- impeachment for, and conviction of, culpable
making powers of the House of Representatives. In violation of the Constitution, treason, bribery, graft
the discharge of that power and in the exercise of its and corruption, other high crimes, or betrayal of
discretion, the House has formulated determinable

jurisdiction over final judgments, resolutions or

construed as having a mandatory effect, indicative orders of regional trial courts whether in the exercise
of a mere possibility, an opportunity, or an of their own original jurisdiction or of their appellate
option. (Republic v. Sereno, G.R. No. 237428, jurisdiction as herein provided. (Filomena v. People,
2018) G.R. No. 188630, 2011)
3. THE OMBUDSMAN The Sandiganbayan shall exercise exclusive

original jurisdiction in all cases involving:
Q: What is the scope of the authority of the 1) Violations of
Ombudsman? a) R.A. 3019 (Anti-Graft and Corrupt Practices
A: The Office of the Ombudsman shall have Act
disciplinary authority over all elective and appointive b) R.A. 1379 (Forfeiture of Ill-Gotten Wealth
officials of the Government and its subdivisions, Act)
instrumentalities and agencies, including Members c) Chap.2, Sec. 2, Title VII, Book II, RPC
of the Cabinet, local government, government- 2) Where one or more of the accused are officials,
owned or controlled corporations and their whether in a permanent, acting or interim
subsidiaries, except over officials who may be capacity, at the time of the commission of the
removed only by impeachment or over Members of offense:
Congress, and the Judiciary. (R.A. 6770, Sec. 21) a) Officials of the executive branch occupying
the positions of regional director and
Q: Where does one appeal decisions of the higher, otherwise classified as Grade 27
Ombudsman? and higher, of the Compensation and
A: It depends. Position Classification Act of 1989 (R.A.
No. 6758),
1. Administrative disciplinary cases b) Members of Congress and officials thereof
a. GR: Rule 43, CA (Fabian v. Desierto, G.R. No.
129742, 16 September 16, 1998) the Compensation and Position
b. XPN: (i) Absolved or (ii) Convicted but Classification Act of 1989;
penalty imposed is public censure or c) Members of the judiciary without prejudice
reprimand, suspension of not more than one to the provisions of the Constitution;
month, or fine equivalent to one-month salary. d) Chairmen and members of the
(Dagan v. Ombudsman, G.R. No. 184083, Constitutional Commissions, without
November 19, 2013) prejudice to the provisions of the
Constitution; and
2. Criminal cases Rule 65, SC (Tirol v. e) All other national and local officials
Sandiganbayan, G.R. No. 135913, November 4,
1999) the Compensation and Position
Classification Act of 1989.
3. Consolidated administrative and criminal 3) Other offenses or felonies whether simple or
cases - Rule 43, CA OR Rule 65, SC. (Cortes v. complexed with other crimes committed by the
Ombudsman, G.R. No. 187896-97, June 10, 2013) public officials and employees mentioned in
subsection a. of this section in relation to their
Q: When may the Office of the Special office.
Prosecutor file an information against a public 4) Civil and criminal cases filed pursuant to and
officer for graft? in connection with Executive Order Nos. 1, 2,
A: The Office of the Special Prosecutor may file an 14 and 14-A, issued in 1986. (R.A. No. 10660,
information against a public officer for graft only Sec. 2)
when authorized by the Ombudsman. (Uy v.
Sandiganbayan, G.R. No. 105965-70, 2001). Q: Who has control over cases falling within
the jurisdiction of the Sandiganbayan?
4. THE SANDIGANBAYAN A: While it is the Ombudsman who has the full
discretion to determine whether or not a criminal
Q: What is the jurisdiction of the case should be filed in the Sandiganbayan, once the
Sandiganbayan? case has been filed with said court, it is the
A: It is Sandiganbayan which has jurisdiction over Sandiganbayan, and no longer the Ombudsman,
appeals from criminal cases where the accused is a which has full control of the case so much so that
government employee. Pursuant to RA 8249, the the Information may not be dismissed without the
Sandiganbayan shall exercise exclusive appellate approval of said court. In this case, the

Sandiganbayan, ordered the Special Prosecutor to

conduct a reinvestigation and subsequently granted
his motion to withdraw the informations, after finding
no probable cause against the latter on
reinvestigation. The Sandiganbayan thus gave its
approval to the withdrawal of the informations and
ordered the dismissal of the cases. Since no appeal
was taken by the Special Prosecutor from the order
of dismissal within the reglementary period, the
same had become final and executory. (City
Government of Tuguegarao v. Ting, G.R. Nos.
192435-36, 2011)
Q: Who shall act as prosecutor in cases before

the Sandiganbayan?
A: In all cases elevated to the Sandiganbayan and
from the Sandiganbayan to the Supreme Court, the
Office of the Ombudsman, through its special
prosecutor, shall represent the People of the
Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A. A private
complainant in a criminal case before the
Sandiganbayan is allowed to appeal only the civil
aspect of the criminal case after its dismissal by said
court. (City Government of Tuguegarao v. Ting,
G.R. Nos. 192435-36, 2011)
Q: When may ill-gotten wealth be sequestered?

A: Sec. 26, Art. 18 of the Constitution states that an
order of sequestration may only issue upon a
showing of a prima facie case that the properties are
ill-gotten wealth under Executive Orders 1 and 2.
When a court nullifies an order of sequestration for
having been issued without a prima facie case, the
Court does not substitute its judgment for that of the
PCGG but simply applies the law. (Republic of the
Philippines v. Sandiganbayan and Imelda Marcos,
G.R. No. 155832, 2010)
Q: Does the PCGG have the power to grant

immunity to witnesses?
A: Yes. The scope of immunity that the PCGG may
offer to witnesses may vary. It has discretion to
grant appropriate levels of criminal immunity
depending on the situation of the witness and his
relative importance to the prosecution of ill-gotten
wealth cases. The immunity from criminal or civil
prosecution covers immunity from giving evidence
in a case before a court of law, because in reality the
guarantee given to a witness against being
compelled to testify constitutes a grant of immunity
from civil or criminal prosecution. (Disini v.
Sandiganbayan, G.R. No. 180564, 2010)

SPECTRUM OF INTERFERENCE FOR

X. ADMINISTRATIVE LAW
ADMINISTRATIVE AGENCIES
1. When there is control of the higher authority
A. GENERAL PRINCIPLES to the subordinate: Change decisions, modify
choices, discipline, and overrule.
Administrative Law are all the laws and policies 2. When there is supervision of the higher
that regulate or control the administrative authority to the subordinate: Oversee and
organization and operations of the government monitor, cannot change choices, discipline, and
through administrative agencies. declare acts as illegal.
3. When there is autonomy (e.g. Constitutional
An administrative agency is an agency which Commissions): There is both functional and
exercises some significant form or combination of fiscal autonomy on the part of the administrative
executive, legislative, or judicial powers. They are agency.
delegates insofar as their powers are merely
delegated and not inherent. B. POWERS OF ADMINISTRATIVE
AGENCIES
By virtue of this, administrative agencies are
subordinate to the enabling instrument/law which 1. QUASI-LEGISLATIVE POWER
sets their boundaries, limits their powers, and
defines their jurisdiction.
Q: What is quasi-legislative power of an
Generally, the nature of powers that an administrative agency?
administrative agency may partake in are as follows:
The authority delegated by Congress to adopt rules
DISCRETIONARY The power or right conferred and regulations intended to carry out the provisions
upon them by law to act officially under certain of a law. (Carlo Cruz, Philippine Administrative Law
circumstances, according to the dictates of their own 36, 2016). It is the power to issue rules and fill in
judgment and conscience, and not controlled by the details on how a law will be implemented.
judgment or conscience of others.
a. Kinds of administrative rules
MINISTERIAL A simple and definite duty arising and regulations (SIC-PIP)
under conditions admitted or proved to exist and
imposed by law where there is nothing left to A rule is any agency statement of general
discretion or judgment of the officer. applicability that implements or interprets a law,
fixes and describes the procedures in, or practice
Aside from these powers and what the statute requirements of, an agency including its regulations.
confers upon an administrative agency, it must be
noted that an administrative agency cannot rise Q: What are the kinds of rules and regulations
higher than the power that creates them. This is that an administrative agency can make?
because such agencies are considered 1. SUPPLEMENTARY Those which supplies
delegates/agents of the higher authority. details and implements the law.
2. INTERPRETATIVE Interprets a statute and
Q: How are administrative agencies created? states the official position/opinion of an
1. Constitution; administrative agency. These are given weight and
2. Congress through a special law; respect but are not conclusive to the courts.
3. The President through an executive order; 3. CONTINGENT Those which determine when a
4. Supreme Court classifying, confirming, and statute will go into effect; it also determines the
invalidating an administrative agency that was existence of a fact which is specified and defined in
just created; the law. Power to ascertain the happening of such
5. Articles of Incorporation and By Laws of facts may be delegated to administrative agencies.
Administrative Agencies; 4. PROCEDURAL Those which describe the
6. Ordinances of Local Governments. method, procedures, and remedies by which the
agency will carry out its appointed functions.
5. INTERNAL Those issued by a superior
administrative or executive officer to his
subordinates for the proper and efficient
administration of law. This governs the

administration and operations of a particular As compared to quasi-legislative power, quasi-

administrative agency. judicial power involve persons specially and involve
6. PENAL Those that provide for the conditions determinations in the narrowest sense (i.e. as
and penalties for the violation of rules as expressly applicable to pertinent parties only and not
allowed under the law. generally).
The substance of the rule should not be contrary to a. Administrative due process
law insofar as subordinate legislation is concerned.
In this case, the administrative agency (i.e. Technical rules of procedure and evidence are not
delegate) which creates the rules is merely strictly applied in administrative due process; it is
subordinate to the higher authority and must not enough that a party is given the chance to be heard
spring above it. before the case against him/her is decided.
However, despite the liberality of procedure in
The general standard for a rule is its administrative actions, such is still subject to the
reasonableness as it is germane to the objects and fundamental requirement of the Constitutional
purposes of the law, not arbitrary, and free from guarantee to due process.
legal infirmities.
Thus, the essence of due process in administrative
b. Requisites for validity proceedings is the opportunity to explain one's side
or seek a reconsideration of the action or ruling
Q: What are the tests for a valid delegation of complained of. As long as parties were given fair
quasi-legislative power? and reasonable opportunity to be heard and submit
A: COMPLETENESS The statute must be in support of their arguments before judgment was
complete in all its terms and conditions when it rendered, the demands of due process are met (Var
leaves the legislature such that when it reaches the Orient Shipping Co., Inc. V. Achacoso, 161 SCRA
delegate, the only thing he will have to do is to 732 (1988)).
enforce it. (Association of Phil. Coconut Desiccators
v. Phil. Coconut Authority, G.R. No. 110526, 1998). Additionally, there are no violations if:
Here, it sets the policy to be executed, carried out, 1. No opportunity to cross-examine the adverse
or implemented by the delegate. party and his witnesses (Audion Electric Co.,
Inc. v. National Labor Relations Commission,
SUFFICIENT STANDARD The statute fixes a 308 SCRA 340 (1999)).
standard/guideline/limitation to map out the 2. Resolving a case through position papers,
affidavits, or documentary evidence.
must conform. The law must offer a sufficient
standard to specify the limits of the dele In the end, what is repugnant to due process is the
authority, announce the legislative policy and denial of the opportunity to be heard. (Philippine
specify the conditions under which it is to be Airlines, Inc. v. National Labor Relations
implemented. (Abakada v. Purisima, G.R. No. Commission, 198 SCRA 748 (1991)).
166715, 2008).
Q: What are the rights of persons in
2. QUASI-JUDICIAL POWER administrative proceedings? (HIP DESK)
1. The RIGHT TO A HEARING, which includes the
right to present one s case and submit evidence
Q: What is quasi-judicial power of an
in support thereof.
administrative agency?
2. The tribunal or body or any of its judges must
A: The power and function which involve the
act on its or his own INDEPENDENT
decision or determination by administrative
CONSIDERATION of the law and facts of the
agencies of the rights, duties, and obligations of
controversy, and not simply accept the views of
specific individuals and persons. It is also applicable
a subordinate in arriving at a decision.
to actions and discretions of public administrative
3. The decision must be based on the EVIDENCE
bodies that are required to investigate facts, or
PRESENTED at the hearing or at least
ascertain the existence of facts, hold hearings, and
contained in the record and disclosed to the
draw conclusions from them, as a basis for their
parties affected.
official action and to exercise discretion of a judicial
4. The DECISION must have something to
nature (Midland Insurance Corporation v. IAC, 143
support itself.
SCRA 458 (1986)).
5. The tribunal must CONSIDER THE EVIDENCE
presented.

6. Evidence supporting the conclusion must be c. Administrative res judicata

SUBSTANTIAL.
7. The board or body should, in all controversial Q: What is the rule for res judicata concerning
questions, render its decision in such a manner acts or decisions of administrative agencies?
that the parties to the proceeding can KNOW A: The rule of res judicata applies to the judicial and
the various ISSUES involved and the quasi-judicial acts of administrative officers and
REASONS for the decision rendered. (Ang boards acting within their jurisdiction (Macailing v.
Tibay v. CIR, G.R. No. L-46496, 1940) Andrada, 31 SCRA 126 (1970)). It is applicable for
administrative actions that are adjudicatory, judicial,
b. Administrative appeal and or quasi-judicial; it is not applicable for those
review determinations which are administrative, executive,
quasi-legislative, or ministerial in nature.
Q: What are the kinds of administrative appeal
There is also res judicata when the statute makes or
and review within the context of administrative
attempts to make a Court a part of the administrative
bodies and agencies? (ROBC DHP)
scheme by providing in terms or effect that the
1. Inheres in the RELATION of
Court, on review of the action of an administrative
ADMINISTRATIVE SUPERIOR to
agency.
ADMINISTRATIVE SUBORDINATE where
determinations are made at lower levels of the
Res judicata is not applicable in:
same department.
1. Citizenship cases (Zita Ngo Burca v. Republic,
2. Statute provides for a determination to be made
G.R. No. 122226, 1998 & United Pepsi Cola v.
by a particular OFFICER or BODY subject to
Laguesma, G.R. No. L-24252, 1973)
appeal, review, or determination by another
2. When WCC Referee awards the employee less
officer or body in the same agency or same
than what the law provides (BF Goodrich v.
administrative system.
WCC, G.R. No. L-42319, 1978)
3. Statute attempts to make a COURT a part of the
administrative scheme by providing in terms the
way the Court should exercise powers of such 3. FACT-FINDING, INVESTIGATIVE,
extent that they differ from ordinary judicial LICENSING, AND RATE-FIXING
functions. LAW POWERS
4. Statute provides that an order made by a
DIVISION of a Commission or Board has the Q: What is investigative power within the
same force and effect as if made by the context of administrative law?
Commission subject to a rehearing by the full
Commission. INVESTIGATIVE
5. Statute provides for an appeal to an officer on Investigatory power includes the power to inspect
an intermediate level with subsequent appeal to the records and premises, investigate activities of
the HEAD of the department of the agency. persons or entities under its jurisdiction, secure or
6. Statute provides for an appeal at the highest require the disclosure of information by means of
level (i.e. the PRESIDENT). accounts, records, reports, statements and
testimony of witnesses. This power is implied and
Some considerations for administrative appeals: not inherent in administrative agencies. (Secretary
1. The review must not be whimsical, arbitrary, or of Justice v. Lantion, G.R. No. 139465, 2000).
devoid of substantial basis (De Leon v. Heirs of
Gregorio Reyes, 155 SCRA 584 (1987)). It is different from judicial functions as the power is
2. The scope and extent of review will depend on limited to investigating the facts and making findings
the statutory scheme of distribution of powers in respect thereto (Ruperto v. Torres, [unrep.] 100
between the officer/body making the initial Phil. 1098 [1957].). The standard is when the
decision and the one reviewing. purpose for the investigation is to evaluate evidence
3. The reviewing officer must not be the same as as based on the facts and circumstances and there
the officer who gave the initial decision is no final pronouncement affecting the parties,
(Zambales Chromite Mining Company v. Court there is still no judicial function (Montemayor v.
of Appeals, 94 SCRA 261 (1979)). Bundalin, 405 SCRA 264 (2003)).
On the other hand, the test of judicial function is

when there is an adjudication upon the rights and
obligations of the parties before it. If the Board lacks

such powers, then there could be merely it must be reasonable enough to not be oppressive
investigatory powers. or confiscatory.
Q: What is fact-finding power within the context C. DOCTRINES OF PRIMARY

of administrative law? JURISDICTION AND EXHAUSTION OF
ADMINISTRATIVE REMEDIES
FACT-FINDING
Fact-finding power is part of an administrative In general, the factual findings made by quasi-
judicial bodies and administrative agencies when
facts that may be useful to its purpose as an supported by substantial evidence are accorded
administrative agency. great respect and even finality by the appellate
courts. This is because administrative agencies
However, where a delegation to a fact-finding body possess specialized knowledge and expertise in
empowers it to create the conditions which their respective fields. As such, their findings of fact
constitute the fact, the delegation is invalid (Eastern are binding upon the Court unless there is a showing
Shipping Lines, Inc. v. POEA, 166 SCRA 533 of grave abuse of discretion, or where it is clearly
(1988)). shown that they were arrived at arbitrarily or in
disregard of the evidence on record. (Japson v. Civil
Q: What is licensing power within the context of Service Commission (G.R. No. 189479, 2011)
administrative law?
Q: What is the doctrine of primary administrative
LICENSING jurisdiction?
The action of an administrative agency in granting
or denying, or in suspending or revoking, a license, 1. Courts cannot determine a controversy, which
permit, franchise, or certificate of public requires the expertise, specialized skills and
convenience and necessity. It is not judicial but is knowledge of the proper administrative bodies
administrative or quasi-judicial. because technical matters of intricate questions of
fact are involved.
Further, it involves the grant, renewal, denial, 2. Relief must first be obtained in an administrative
revocation, suspension, annulment, withdrawal, proceeding before a remedy will be supplied by the
limitation, amendment, modification, or conditioning court, even if the matter is within the jurisdiction of a
of a license. court. (Republic of the Philippines v. Martinez, G.R.
No. 158253, 2007).
Q: What is rate-fixing power(s) within the
context of administrative law? Q: When is the doctrine of primary
administrative jurisdiction not applicable?
RATE-FIXING 1. Congress does not intend that the issues be left
The function of prescribing rates by an solely to the administrative agency for initial
administrative agency against particular determination;
classes/individuals of the population upon which the
2. When issues involve questions of law; and
administrative agency is concerned. 3. When courts and administrative agencies have
concurrent jurisdiction. (Republic of the
When the rates are prescribed by an administrative Philippines v. Martinez, G.R. No. 158253,
agency in the exercise of its quasi-judicial function, 2007).
PRIOR NOTICE and HEARING are essential to its
validity (Assoc. of International Shipping Lines v. Q: What is the doctrine of exhaustion of
Philippine Ports Authority, 454 SCRA 701 (2005)).
administrative remedies?
A: An administrative decision must first be appealed
However, an administrative agency may be to the administrative superiors up to the highest
empowered to approve provisionally temporary level before it may be elevated to a court of justice
rates of public utilities, even without a hearing, due for review. It is a condition precedent that must be
to urgent public need (Padua v. Ranada, 390 SCRA complied with. (Sps. Sadang v. CA, G.R. No.
663 (2002)); an exception to this exception is when 140138, 2006).
prescribed by a statute that a hearing is a must.
The exhaustion of administrative remedies is a
The basic requirement for a rate is that it must not
prerequisite and must be complied with especially
be confiscatory and must have been established in
for acts which exercise quasi-judicial power.
the manner prescribed by the legislature in short,

Q: When is the doctrine of exhaustion of Q: When is the doctrine of finality of

administrative remedies not applicable? administrative action not applicable? (SPA
(DARNN JP LICD DRIED LPS Quo): DIVE)
1. If it should appear that an IRREPARABLE 1. To grant relief to preserve STATUS QUO
DAMAGE will be suffered by a party unless pending further action by the administrative
resort to the court is immediately made. agency;
2. When the respondent is the ALTER EGO of the 2. Essential to the PROTECTION OF RIGHTS
President asserted;
3. When no administrative REVIEW is provided as 3. When ALLOWED by law;
a condition precedent for court action 4. When the order is NOT REVIEWABLE and the
4. Where insistence on its observance would complainant will suffer great and obvious
result in the NULLIFICATION of the claim DAMAGE if the order is carried out;
asserted 5. An INTERLOCUTORY ORDER affecting the
5. When there was NO DECISION rendered merits of a controversy;
6. When there are special circumstances 6. An administrative officers acts in VIOLATION of
demanding immediate JUDICIAL constitution and other laws and
INTERVENTION 7. To an order made in EXCESS of power,
7. When the administrative remedy is contrary to specific prohibitions in the statute.
PERMISSIVE or concurrent
8. When the question raised is ESSENTIALLY Q: What are the defenses that an administrative
AND PURELY LEGAL agency may raise?
9. When strong PUBLIC INTEREST is involved 1. Ripeness In the instance where there is no
10. Where the issue raised is the actual injury on the part of the complainant.
CONSTITUTIONALITY of the statute, rule or 2. Primary Jurisdiction In the instance where a
regulation case was filed directly with the Court before the
11. Where it is a civil action for DAMAGES administrative agency, the agency is
12. Where the officer acted in utter DISREGARD empowered to resolve that specific controversy
OF DUE PROCESS first.
13. When there is NO OTHER plain, speedy, 3. Finality of Administrative Action In the
adequate REMEDY instance where the case is pending before the
14. When act complained of is PATENTLY
ILLEGAL was filed in Court, the doctrine of finality of
15. When the administrative body or the person administrative action applies where there must
invoking the doctrine is in ESTOPPEL be reluctance to interfere on the part of the
16. When there is long-continued and Court.
UNREASONABLE DELAY 4. Non-Exhaustion of Remedies In the
17. When the subject of controversy is PRIVATE instance where the case could have been filed
LAND in the higher level of an administrative agency
18. When the controversy involves POSSESSORY and that the subsequent action (e.g. appeal)
ACTION involving public lands was filed in Court, then there was non-
19. When the claim involved is SMALL so that to exhaustion. However, there are grounds to
require exhaustion would be oppressive and allege that the doctrine is not applicable.
unreasonable
20. In QUO WARRANTO proceedings --- end of topic ---
Q: What is the doctrine of finality of

administrative action?
A: Courts will be reluctant to interfere with actions of
an administrative agency prior to its completion or
finality. Absent a final order or decision, power has
not been fully and finally exercised, and there can
usually be no irreparable harm. (Mendiola v. CSC,
G.R. No. 100671, 1993).

XI. ELECTION LAW Q: Is registration to the biometrics system an

additional requirement before a person can
exercise his or her right to suffrage?
A. SUFFRAGE A: No. The biometrics registration requirement is not
a "qualification" to the exercise of the right of
Q: What are the required qualifications for suffrage, but a mere aspect of the registration
voters? procedure, of which the State has the right to
- Be a Filipino citizen reasonably regulate. Unless it is shown that a
- At least 18 years of age registration requirement rises to the level of a
- Has resided in the Philippines for at least 1 year literacy, property or other substantive requirement
- Has resided in the place where they propose to as contemplated by the Framers of the Constitution
vote for at least 6 months immediately - that is, one which propagates a socio-economic
preceding election standard which is bereft of any rational basis to a
- Free from disqualifications person's ability to intelligently cast his vote and to
further the public good - the same cannot be struck
No literacy, property, or other substantive down as unconstitutional.
requirements shall be imposed on the exercise of
suffrage. (PHIL CONST. art. V, § 1) The assailed biometrics registration regulation on
the right to suffrage was sufficiently justified as it
Q: What are the grounds for disqualification to was indeed narrowly tailored to achieve the
vote? (FDI) compelling state interest of establishing a clean,
1. Sentenced by FINAL JUDGMENT to suffer complete, permanent and updated list of voters, and
IMPRISONMENT OF NOT LESS THAN 1 was demonstrably the least restrictive means in
YEAR (i.e. 1 year or more to be disqualified; promoting that interest. (Kabataan Partylist vs.
because if less than 1 year, not disqualified to COMELEC, G.R. No. 221318, 2015)
vote)
2. Adjudged by final judgment by a competent court Q: How does one change domicile for purposes
of having committed any crime involving of voting?
A: To successfully effect a transfer of domicile, one
DISLOYALTY to the duly constituted government
must demonstrate: (1) an actual removal or change
(e.g. rebellion or crimes against national security) of domicile; (2) a bona fide intention of abandoning
NOTE: For (1) and (2): the former place of residence and establishing a
- Disqualification may be removed by plenary new one; and (3) acts which correspond with that
pardon or amnesty purpose. There must be animus manendi coupled
- Reacquire the right to vote upon expiration of 5 with animus non revertendi. (Asistio v. Canlas, G.R.
years after service of sentence No. 191124, 2010)
3. INSANE or INCOMPETENT persons as
declared by competent authority Q: What are inclusion proceedings?
A: Inclusion proceedings are proceedings which
Q: What is the system of continuing registration may be filed any time EXCEPT during 105 days
of voters? before regular elections or 75 days before special
The personal filing of application of registration of elections for any of the followings grounds:
voters shall be conducted daily in the office of the 1. Application for registration has been
Election Officer during regular office hours. No disapproved by the board
registration shall, however, be conducted during the 2. Name has been stricken out (Sec. 34, R.A. No.
period starting one hundred twenty (120) days before 8189)
a regular election and ninety (90) days before a special
Q: What are Exclusion proceedings?
election. [Sec. 8, RA 8189] A: Exclusion proceedings are proceedings,
requiring a sworn petition, which may be filed any
NOTE: Registration can be done by voters daily time EXCEPT during 100 days before regular
anytime during office hours EXCEPT 120 days elections or 65 days before special elections, on any
before a regular election and 90 days before a special of the following grounds:
Not qualified or has DQ
election.
Flying voters
Ghost voters (Sec. 35, R.A. No. 8189)

Q: What is a intra-party leadership issue? pardon extended to him is complete, unambiguous,

A: It is an issue or dispute on who is the rightful and unqualified. (Risos-Vidal v. COMELEC and
political party leader who would have the authority Estrada, G.R. No. 206666, 2015)
to issue nominations for national and local elective
positions as the official standard bearer and Q: Governor Paloma was administratively
candidates representing the party. charged with abuse of authority before the
Office of the President. Pending hearing, he ran
The power to register political parties for reelection and won a second term. He then
necessarily involved the determination of the moved to dismiss the charge against him based
persons who must act on its behalf. Thus, the on this supervening event. Should the motion be
COMELEC may resolve an intra-party leadership granted?
dispute, in a proper case brought before it, as an A: IT DEPENDS. The ruling promulgated
incident of its power to register political parties. in Morales v. Court of Appeals on the abandonment
(Atienza v. COMELEC, G.R. No. 188920, 2010) of the doctrine of condonation had, indeed, become
final only on April 12, 2016, and thus the
A leadership issue within a political party is one that abandonment should be reckoned from April 12,
the COMELEC had to settle. However, the 2016. (Crebello v. Ombudsman, G.R. No. 232325,
expulsion of a member is purely a membership 2019)
issue that had to be settled within the party. It is
an internal party matter over which the Accordingly, if the election happened BEFORE April
COMELEC has no jurisdiction. The 12, 2016 (i.e. May 2013 elections and earlier), then
jurisdiction over intra-party disputes is limited. It the Condonation Doctrine will still apply as a
does not have blanket authority to resolve any and defense. If the election happened AFTER April 12,
all controversies involving political parties. Political 2016 (i.e. May 2016 elections onwards), then the
parties are generally free to conduct their activities Condonation Doctrine will no longer apply.
without interference from the state. The COMELEC
may intervene in disputes internal to a party only Election is not a mode of condoning an
when necessary to the discharge of its constitutional administrative offense, and there is simply no
functions. (Atienza v. COMELEC, G.R. No. 188920, constitutional or statutory basis in our jurisdiction to
2010) support the notion that an official elected for a
different term is fully absolved of any administrative
B. CANDIDACY liability arising from an offense done during a prior
term. (Carpio-Morales v. Binay, G.R. No. 217126-
Q: What are the grounds for disqualification of 27, 2015)
candidates? (LFFD-NEDS)
a) Lacking qualifications Q: When is there false and material
b) Filing a COC for more than 1 office misrepresentation?
A: The false representation under Section 78 must
c) False and material representation in the COC
consist of a deliberate attempt to mislead,
d) Disqualifications under the LGC
misinform, or hide a fact which would otherwise
e) Nuisance candidate
render a candidate ineligible. (Villafuerte v.
f) Election offenses enumerated under Sec. 68 COMELEC, G.R. No. 206698, 2014)
of the Omnibus Election Code
g) Declared insane or incompetent by There is false and material misrepresentation in a
competent authority certificate of candidacy when the misrepresentation
h) Sentenced by final judgment for subversion, is:
insurrection, rebellion or an offense which he 1. FALSE
has been sentenced to a penalty of more than 2. MATERIAL (goes into qualifications)
18 months, or a crime involving moral 3. DELIBERATE and there is an intention to
turpitude, unless given plenary pardon/ defraud the electorate. (Tecson v. COMELEC,
amnesty G.R. No. 161434, 2004)
Q: Why was Erap Estrada allowed to be a Q: When is there no false and material
candidate in the elections? misrepresentation?
A: Former President Estrada was granted an a. When a candidate uses the name of her long-
absolute pardon that fully restored all his civil and time live-in partner OR states a false profession
political rights, which naturally includes the right to (Salcedo v. COMELEC, G.R. No. 135886,
seek public elective office. The wording of the 1999)

b. When the candidate is actually qualified even if laurel is awarded to the next in rank who does not
the entries in the COC as filled up by the possess any of the disqualifications nor lacks any of
candidate will show that he is not (Romualdez- the qualifications set in the rules to be eligible as
Marcos v. COMELEC, G.R. No. 119976, 1995) candidates. Knowledge by the electorate of a
c. When the candidate, supported by a
preponderance of evidence, believed that he a qualified candidate who placed second to a
was qualified since there was no intention to disqualified one can be proclaimed as the winner
deceive the electorate as to qualifications (Maquiling v. Commission on Elections, G.R. No.
for public office (Tecson v. COMELEC, G.R. No. 195649, 2013).
161434, 2004)
d. Nickname is not considered a material fact, and C. CAMPAIGN
there is no substantial evidence showing that in
writing the nickname JR. in his Q: What acts are to be considered as premature
COC, there is the intention to deceive the voters campaigning?
as to his identity which has an effect on his A: A candidate is liable for an election offense only
for acts done during the campaign period, not
eligibility or qualification for the office he seeks to
before. The act of engaging in an election campaign
assume. (Villafuerte v. COMELEC, G.R. No.
206698, 2014)
before the start of the campaign period, is what was
Q: What is the duty of COMELEC in cases commonly known as premature campaigning.
involving false and material misrepresentation? Because premature campaigning requires the
A: The COMELEC must determine whether or not candidate
the candidate deliberately attempted to mislead, candidate
misinform or hide a fact about his or her residency campaign period, there is no premature
that would otherwise render him or her ineligible for campaigning yet. (Penera v. COMELEC, G.R. No.
the position sought. The COMELEC gravely abused 181613, 2009)
its discretion in this case when, in considering the
residency issue, it based its decision solely on very Q: What is the consequence of the non-filing of
personal and subjective assessment standards, the SOCE?
such as the nature or design and furnishings of the A: No person elected to any public offices shall
dwelling place in relation to the stature of the enter upon the duties of his office until he has filed
candidate. (Mitra v. COMELEC, G.R. No. 191938, the statement of contributions and expenditures
2010) herein required.
Q: Who are covered by the ban on partisan The same prohibition shall apply if the political party
political activity? which nominated the winning candidate fails to file
A: The ban against partisan political activity is the statement required herein within the period
addressed to appointive and NOT elective public prescribed by this Act.
officials. (Quinto v. COMELEC, G.R. No. 189698,
2010) Except candidates for elective barangay office,
failure to file the statements or reports in connection
Q: Person A was declared winner in the with electoral contributions and expenditures are
elections for mayor. Person B, the 2nd placer, required herein shall constitute an administrative
filed a petition to disqualify, contending Person offense for which the offenders shall be liable to pay
an administrative fine ranging from One thousand
declared Person A as not a Filipino Citizen. Can pesos (P1,000.00) to Thirty thousand pesos
Person B be proclaimed as winner in the (P30,000.00), in the discretion of the Commission.
election?
A: Yes. When a person who is not qualified is voted For the commission of a second or subsequent
for and eventually garners the highest number of offense under this section, the administrative fine
votes, even the will of the electorate expressed shall be from Two thousand pesos (P2,000.00) to
through the ballot cannot cure the defect in the Sixty thousand pesos (P60,000.00), in the discretion
qualifications of the candidate. To rule otherwise is of the Commission. In addition, the offender shall be
to trample upon and rent asunder the very law that subject to perpetual disqualification to hold public
sets forth the qualifications and disqualifications of office. [Sec. 14, RA 7166]
candidates. When there are participants who turn
out to be ineligible, their victory is voided and the

NOTE: 1) SOCE must still be filed despite His opponent, Vito, hires you as lawyer to
withdrawing candidacy. (Pilar v. COMELEC); 2) s candidacy. Before election
COMELEC can disqualify a candidate for failure to day, what action or actions will you institute
file SOCE twice. (Maturan v. COMELEC) against Gabriel, and before which court,
commission or tribunal will you file such
D. REMEDIES AND JURISDICTION action/s?
A: I will file a petition to cancel the certificate of
Q: Who may initiate a petition to deny due candidacy of Gabriel in the COMELEC because of
course or petition for disqualification? the false material misrepresentation that he is
A: COMELEC may MOTU PROPIO or upon qualified to run for congressman. (Sec. 78, OEC;
VERIFIED PETITION of any interested party refuse Fermin v. COEMELEC, G.R. No. 179695, 2008).
to give due course or cancel a CoC when:
Q: If, during the pendency of such action/s but
a) The CoC has been filed to put the election before election day, Gabriel withdraws his
process in mockery or disrepute certificate of candidacy, can he be substituted
b) Causes confusion among the voters by the as candidate? If so, by whom and why? If not,
similarity of the names of the registered why not?
candidates A: If Gabriel withdraws, he may be substituted by a
c) Other circumstances which clearly demonstrate candidate nominated by his political party. Section
that the candidate has no bona fide intention to
run for the office. (Sec. 69, Omnibus Election last day for filing of certificates of candidacy, an
Code) official candidate of a registered or accredited
political party dies, withdraws or is disqualified for
Q: Differentiate petition for disqualification and any cause, only a person belonging to, and certified
petition to deny due course/to cancel certificate by, the same political party may file a certificate of
of candidacy. candidacy to replace the candidate who dies,
Petition for Petition to Deny Due
Disqualification Course/to Cancel
In this case, Gabriel already withdrew his certificate
Certificate of
Candidacy of candidacy before the COMELEC declared that he
was not a valid candidate. Therefore, unless the
A person who is A petition to deny due certificate of candidacy was denied due course or
disqualified under course or cancel cancelled in accordance with Section 78 of the
Section 68 is merely certificate of candidacy is Election Code, the certificate of candidacy is valid
prohibited to continue as grounded on a statement and may be validly substituted. (Luna v. COMELEC,
a candidate. of a material G.R. No. 165983, 2007)
representation in the said
Thus, a candidate who is certificate that is false. Q: If the action/s instituted should be dismissed
disqualified under with finality before the election, and Gabriel
Section 68 can validly be The person whose assumes office after being proclaimed the
substituted under Section certificate is cancelled or winner in the election, can the issue of his
77 of the OEC because denied due course is not candidacy and/or citizenship and residence still
he/she remains a treated as a candidate at
be questioned? If so, what action or actions may
candidate until all, as if he/she never filed
be filed and where? If not, why not?
disqualified. a CoC. A person whose
CoC has been denied A: The question of the candidacy and residence of
due course or cancelled Gabriel can be questioned in the House of
under Section 78 cannot Representatives Electoral Tribunal by filing a quo
be substituted because warranto case. Since it is within its jurisdiction to
he/she is never decide the question of the qualification of Gabriel,
considered a candidate the decision of the COMELEC does not constitute
res judicata. (Jalandoni v. Crespo, HRET Case No.
Sec. 12, 68, OEC Sec. 78, OEC 01-020, 2003)
Sec. 40, LGC
Once a candidate for member of the House of
Representatives has been proclaimed, the House of
Q: Despite lingering questions about his Filipino
Representatives Electoral Tribunal acquires
citizenship and his one-year residency in the
jurisdiction over the election contest relating to his
district, Gabriel filed his certificate of candidacy
for congressman before the deadline set by law.

qualifications. (Guerrero v. COMELEC, G.R. No. Q: Differentiate petition to deny due

137004, 2000) course/cancel CoC and petition for quo
warranto.
Petition to Deny Due Petition for Quo
Course/Cancel Warranto
Certificate of
Candidacy
Initiated before elections Initiated after elections
Misrepresentation in the (1) Ineligibility; or

Certificate of Candidacy (2) Disloyalty to the
(Sec. 78, OEC) Republic of the
Philippines
The petition must be

initiated within ten days
after the proclamation of
the election results. A
candidate is ineligible if
he is disqualified to be
elected to office, and he
is disqualified if he lacks
any of the qualifications
for elective office. (Sec.
253, Omnibus Election
Code)
Q: Hans Roger filed his certificate of candidacy

but withdrew the same. He was substituted by
Joy Luna but the COMELEC denied due course
to her certificate on the ground that Hans, being
under age, could not have filed a valid certificate
of candidacy. There was, however, no petition to
deny Ha
COMELEC act correctly? Why or why not?
A: No. The COMELEC acted with grave abuse of
discretion amounting to lack or excess of jurisdiction
in declaring that Hans Roger, being under age,
could not be considered to have filed a valid
certificate of candidacy and, thus, could not be
validly substituted by Luna. The COMELEC may
not, by itself, without the proper proceedings, deny
due course to or cancel a certificate of candidacy
filed in due form. (Cipriano v. COMELEC, G.R. No.
158830, 2004) The question of eligibility or
ineligibility of a candidate for non-age is beyond the
usual and proper cognizance of the COMELEC.
(Sanchez v. Del Rosario, G.R. No. L-16878, 1961)
If Hans Roger made a material misrepresentation as

to his date of birth or age in his certificate of
candidacy, his eligibility may only be impugned
through a verified petition to deny due course to or
cancel such certificate of candidacy under Section
78 of the Election Code.

In this case, there was no petition to deny due court Q: When may the failed or suspended election
to or cancel the certificate of candidacy of Hans be held?
Roger. The COMELEC only declared that Hans A: The Commission shall, on the basis of a verified
Roger did not file a valid certificate of candidacy. In petition by any interested party and after due notice
effect, the COMELEC, without the proper and hearing, call for the holding or continuation of
e of the election not held, suspended or which resulted
candidacy and declared the substitution of Luna in a failure to elect on a date reasonably close to the
invalid. (Luna v. COMELEC, G.R. No. 165983, date of the election not held, suspended or which
2007) resulted in a failure to elect but not later than thirty
days after the cessation of the cause of such
Q: Is the decision of the COMELEC in a postponement or suspension of the election or
proceeding for disqualification final? failure to elect. (Sec. 6, OEC)
A: No. A COMELEC resolution declaring a
candidate disqualified for the said position is not yet Q: When can elections be annulled?
final if a motion for reconsideration has been timely a. Winner cannot be determined
filed. At that point, he still remains qualified and his b. Illegality must affect more than 50% of the
proclamation thereafter is valid. As a result, votes cast
COMELEC's jurisdiction to contest his citizenship c. Good votes cannot be distinguished from the
ends, and the HRET's own jurisdiction begins. bad votes (Carlos v. Angeles, G.R. No.
(Gonzales v. COMELEC, G.R. No. 192856, 2011) 142907, 2000)
Q: What is the proper procedure to be resorted Q: What is a pre-proclamation controversy?
to in case of a tie? A: A pre-proclamation controversy refers to any
A: FOR PRESIDENT OR VICE PRESIDENT: A tie question pertaining to or affecting the
among two or more candidates for President or Vice proceedings of the board of canvassers which
President shall be broken by majority vote of both may be raised by any candidate or by any registered
houses of Congress voting separately (Sec. 4, Art. political party or coalition of political parties before
VII of 1987 Constitution). the board or directly with the Commission, or any
matter raised under Sections 233 (i.e. Election
FOR OTHER POSITIONS: In the case of other Returns are delayed, lost, and destroyed), 234
positions, the tie shall be broken by the drawing of (i.e. Material Defects in the Election
lots (Sec. 240, Omnibus Election Code; Tugade vs. Returns), 235 (i.e. Election Returns appear to be
COMELEC, G.R. No. 171063, 2007) falsified or tampered) and 236 (i.e.
Discrepancies in Election Returns) in relation to
Q: When is there failure of elections? the preparation, transmission, receipt, custody
A: If, on account of force majeure, violence, and appreciation of the election returns. [Sec.
terrorism, fraud, or other analogous causes the 241, OEC]
election in any polling place has not been held on
Under Republic Act No. 7166, providing for
the date fixed, or had been suspended before the synchronized national and local elections, pre-
hour fixed by law for the closing of the voting, or proclamation controversies refer to matters
after the voting and during the preparation and relating to the preparation, transmission,
receipt, custody and appearance of election
the transmission of the election returns or in the
returns and certificates of canvass.
custody or canvass thereof, such election results
in a failure to elect, and in any of such cases the Q: What are grounds for pre-proclamation
failure or suspension of election would affect the controversies?
A: The grounds are:
result of the election. (Sec. 6, OEC) 1. Illegal composition or proceedings of the board
of canvassers
NOTE: Loss or destruction of election paraphernalia 2. Irregularities in relation to the preparation,
or records is a ground to postpone an election BUT transmission, receipt, custody, and appreciation
not a ground to declare a failure of election. (Sec. 5, of election returns and certificates of canvass.
OEC) 3. Canvassed returns are incomplete, contain
material defects.
4. ERs prepared under duress, threats, coercion,
intimidation, obviously manufactured.

5. Substitute or fraudulent returns in controverted For election contests (which could be either an
polling places are canvassed, and the results Election Protest or a Quo Warranto), they are after
materially affect the standing of candidates proclamation of candidate, and jurisdiction of
(Sec. 243, Omnibus Election Code) COMELEC is quasi-judicial. (Tecson v. COMELEC,
G.R. No. 161434, 2004)
Q: Are pre-proclamation cases allowed for
President, Vice President, Senator and members Q: Where do you bring matters regarding the
of the House of Representatives? preparation, transmission, receipt, custody, and
A: As a general rule, pre-proclamation cases are appreciation of election returns?
NOT allowed in elections for the President, Vice A: Matters regarding the preparation, transmission,
President, Senator and members of the House of receipt, custody, and appreciation of election returns
Representatives. (Chavez v. COMELEC, G.R. No. shall be brought, in the first instance, before the
162777, 2004; Cerbo v. COMELEC, G.R. No. boards of canvassers, not the COMELEC.
168411, 2007). (Fernandez v. COMELEC, G.R. No. 171821, 2006)
However, they are allowed when there are: Q: May the COMELEC go beyond the face of the
election return?
1. Manifest Errors in the ERs or CoCs. These may A: As a general rule, COMELEC cannot go beyond
be corrected motu propio or upon written the face of an election return, except when there is
complaint of any interested person. prima facie showing that the ER is not genuine.
Example: when several entries have been omitted.
2. Questions affecting the composition or (Lee vs. COMELEC, G.R. No. 157004, 2003)
proceedings of the board of canvassers, which
may be initiated in the board or directly with the Q: The 1st Legislative District of South Cotabato
Commission in accordance with Section 19, RA is composed of General Santos and three
7166. municipalities including Polomolok. During the
canvassing proceedings before the District
Q: When are pre-proclamation cases deemed Board of Canvassers in connection with the
terminated? 2007 congressional election, candidate MP
1. At the beginning of the term of the office objected to the certificate of canvass for
involved and the rulings of the BOC concerned Polomolok on the ground that it was obviously
are deemed affirmed. manufactured, submitting as evidence the
affidavit of a mayoralty candidate of Polomolok.
2. This is without prejudice to the filing of a regular The certificate of canvass for General Santos
election protest by the aggrieved party. was likewise objected to by MP on the basis of
(Sarmiento v. COMELEC, G.R. No. 105628, the confirmed report of the local NAMFREL that
1992) 10 election returns from non-existent precincts
were included in the certificate. MP moved that
Q: May the proceedings continue even if they the certificate of canvass for General Santos be
are deemed terminated? corrected to exclude the result from the non-
1. COMELEC determines that the petition is existent precincts. The District Board of
meritorious and issues an order for the Canvassers denied both objections and ruled to
proceedings to continue include the certificate of canvass. May MP
appeal the rulings to the COMELEC? Explain.
2. The SC issues an order for the proceedings to
continue in a petition for certiorari. (Sec. 16, No, MP cannot appeal the rulings to the COMELEC.
R.A. No. 7166) Under Sec. 15 of RA 7166, no pre-proclamation
controversies regarding the appreciation of election
Q: Differentiate between pre-proclamation returns and certificates of canvass may be
controversy and election contests. entertained in elections for members of the House
A: Pre-proclamation controversy (which could be of Representatives. The canvassing body may
any of the grounds under Secs. 233-236 or 243 of correct manifest errors in the certificate of canvass.
the OEC) involves those before proclamation of His recourse is to file a regular election protest
candidate. Jurisdiction of COMELEC is before the HRET. (Pimentel v. COMELEC, G.R. No.
administrative or quasi-judicial. (Macabago v. 178413, 2008)
COMELEC, G.R. No. 152163, 2002)

Q: Who has jurisdiction over contests involving Q: Differentiate between election protest and
the composition of the board or proceedings quo warranto.
before it? Election Protest Quo Warranto
A: Contests involving composition or proceedings of
the Board of canvassers, EXCEPT Congress, may Contest between a It is a proceeding to
be initiated in the Board of Canvassers or winning candidate and a unseat an ineligible
COMELEC. (Sec. 15 and 17, R.A. No. 7166) defeated candidate person from office.
Q: Who has jurisdiction over contests involving It is filed only by a It may be filed by any
election returns? candidate who has duly voter
A: Contests involving election returns should be filed a CoC to the same
brought in the first instance before the board of office and has been voted
canvassers only. (Sec. 17, R.A. NO. 7166) for.
Q: What is the two-objection rule? Grounds: Grounds:

A: According to the two-objection rule, oral objection (1) Election Fraud (1) Disloyalty
and written objection must be submitted (2) Irregularities in (2) Ineligibility
simultaneously to the Board of Canvassers the casting and
chairperson before ERs have been canvassed. counting of
There is substantial compliance even if the oral votes or in the
objection is filed first, then the written objection with preparation of
evidence is submitted within 24 hours. (Marabur v. the ER
COMELEC, G.R. No. 169513, 2007)
The protestee may be The respondent may be
Q: What is the objective of an election contest? unseated and the unseated, but the
A: It depends on what the election contest is, protestant may be petitioner may or may
installed into the office not be installed into the
vacated. office vacated.
In an Election Protest, the issue is who obtained the
plurality of valid votes cast. If a Quo Warranto, the
issue is whether respondent possesses all the Q: What are examples of irregularities to
qualifications and none of the disqualifications constitute an election protest?
prescribed by law. 1. Misappreciation
2. Violence
Q: What is the rule for recounts in regular 3. Intimidation
elections?
4. No padlock
A: In regular election contests, the general
5. Padding of votes
averment of fraud or irregularities in the counting of
votes justifies the examination of the ballots and
Q: When is there abandonment of an election
recounting of votes. This process of examination is
protest?
the revision of the ballots pursuant to Section 6,
A: A protestant who runs for another office is
Rule 20 of the 1993 COMELEC Rules of Procedure.
deemed to have abandoned his protest. This is
The protests involved herein assailed the
especially true in a case where the protestant
authenticity of the election returns and the veracity
pending the election protest, ran, won, assumed the
of the counting of the ballots. In that regard, the
post and discharged the duties as such. (Idulza vs.
ballots themselves are the best evidence. The only
COMELEC, G.R. No. 160130, 2004)
means to overcome the presumption of legitimacy of
the election returns is to examine and determine first
whether the ballot boxes have been substantially Q: Abdul ran and won in the May 2001, 2004 and
preserved in the manner mandated by law. Hence, 2007 elections for Vice-Governor of Tawi-Tawi.
the necessity to issue the order of revision. After being proclaimed Vice-Governor in the
(Tolentino v. COMELEC, G.R. No. 187958, April 7, 2004 elections, his opponent, Khalil, filed an
2010) election protest before the Commission on
Election. Ruling with finality on the protest, the
Q: What are the types of election contests? COMELEC declared Khalil as the duly elected
A: There are two types of election contests: Vice-Governor though the decision was
1. Election protest; and promulgated only in 2007, when Abdul had fully
2. Quo Warranto. served his 2004-2007 term and was in fact
already on his 2007-2010 term as Vice Governor.

Abdul now consults you if the can still run for Q: What is the difference between a paper-based
Vice-Governor of Tawi-Tawi in the forthcoming and direct record election system?
May 2010 election on the premise that he could DIRECT RECORD
not be considered as having served as Vice- PAPER-BASED
ELECTRONIC
Governor from 2004-2007 because he was not ELECTION SYSTEM
ELECTION SYSTEM
duly elected to the post, as he assumed office
merely as a presumptive winner and that A type of automated A type of automated
presumption was later overturned when election system that election system that
COMELEC decided with finality that had lost in uses paper ballots, uses electronic ballots
the May 2004 elections. What will be your records and counts records votes by
advice? votes, tabulates, means of a ballot
A: I shall advise Abdul that he cannot run for Vice- consolidates/canvasse display provided with
Governor of Tawi-tawi in the May 2010 elections. s and transmits mechanical or electro-
His second term should be counted as a full term electronically the optical components
served in contemplation of the three-term limit results of the vote that can be activated
prescribed by Sec. 8, Art. X of the Constitution. count by the voter, processes
Since the election protest against him was decided data by means of a
after the term of the contested office has expired, it computer program,
had no practical and legal use and value. (Ong v. records voting data and
Alegre, G.R. No. 163295, 2006) ballot images, and
transmits voting results
Q: Abdul also consults you whether his political electronically
party can validly nominate his wife as susbtitute
candidate for Vice-Mayor of Tawi-Tawi in May
2010 elections in case the COMELEC
disqualifies him and denies due course to or
cancels his certificate of candidacy in view of a Q: Which system must COMELEC use?
false material representation therein. What will A: The Commission on Elections may use either a
be your advice? paper-based or a direct recording electronic election
A: I shall advise Abdul that his wife cannot be system as it may deem appropriate and practical for
nominated as substitute candidate for Vice- the process of voting, counting of votes and
Governor of Tawi-tawi. The denial of due course to canvassing/consolidation and transmittal of results
and cancellation of a certificate of candidacy is not of electoral exercises. (R.A. No. 9369)
one of the cases in which a candidate may validly
be substituted. A cancelled certificate does not give Q: What is a random manual audit?
rise to a valid candidacy. Under Sec. 77 of the A: It is a random manual audit in one precinct per
Omnibus Election Code, a valid certificate of congressional district randomly chosen by the
candidacy is an indispensable requisite in case of COMELEC in each province and city. Any difference
substitution of a disqualified candidate. (Miranda v. between the automated and manual count will result
Alegre, G.R. No. 136351, 1999) in the determination of root cause and initiate a
manual count for those precincts affected by the
Q: How should one view the actual ballots in computer or procedural error. (Sec. 29, RA 9369)
election contests?
A: Ballots are the best and most conclusive Q: What is a VVPAT?
evidence in an election contest where the A: The Voter Verification Paper Audit Trail (VVPAT)
correctness of the number of votes of each functionality is in the form of a printed receipt and a
candidate is involved. But, election returns are the touch screen reflecting the votes in the vote-
best evidence when the ballots are lost, destroyed, counting machine. It ensures that the candidates
tampered with or fake. (Delos Reyes v. COMELEC, selected by the voter in his or her ballot are the
G.R. No. 170070, 2007) candidates voted upon and recorded by the vote-
counting machine. The voter himself or herself
verifies the accuracy of the vote. In instances of
Random Manual Audit and election protests, the
VVPAT becomes the best source of raw data for
votes (Bagumbayan-VNP Movement, Inc. v.
COMELEC, G.R. No. 222731, March 8, 2016)


XII. LOCAL GOVERNMENTS towards a common national goal. Thus, policy-

setting for the entire country still lies in the President
and Congress. While the Local Government Code
A. PRINCIPLES OF LOCAL AUTONOMY charges the LGUs to take on the functions and
responsibilities that have already been devolved
Q: What are the principles of local autonomy? upon them from the national agencies on the
A: The constitutional mandate to ensure local aspect of providing for basic services and
autonomy refers to decentralization. facilities in their respective jurisdictions, the
same law provides a categorical exception of
In its broad or general sense, decentralization has cases involving nationally-funded projects,
two forms in the Philippine setting, namely: the facilities, programs and services. The national
decentralization of power and the government is, thus, not precluded from taking a
decentralization of administration. direct hand in the formulation and implementation of
national development programs especially where it
The decentralization of power involves the is implemented locally in coordination with the LGUs
abdication of political power in favor of the concerned. (Pimentel, Jr. vs. Executive Secretary
autonomous LGUs as to grant them the freedom Ochoa, G.R. No. 195770, July 17, 2012)
to chart their own destinies and to shape their
futures with minimum intervention from the NOTE: As a GENERAL RULE, infrastructure
central government. This amounts to self- projects (funded by the National Government
immolation because the autonomous LGUs thereby through the annual GAA or other special laws and
become accountable not to the central authorities those foreign funded) that are traversing LGU
but to their constituencies. territory are not devolved to the LGU EXCEPT if
LGU is duly designated as the implementing
On the other hand, the decentralization of agency. (Sec. 17c, LGC)
administration occurs when the central
government delegates administrative powers to B. AUTONOMOUS REGIONS AND THEIR
the LGUs as the means of broadening the base of RELATION TO THE NATIONAL
governmental powers and of making the LGUs GOVERNMENT
more responsive and accountable in the
process, and thereby ensure their fullest
Q: Are autonomous regions considered a form
development as self-reliant communities and
of local government?
more effective partners in the pursuit of the
A: The inclusion of autonomous regions in the
goals of national development and social
enumeration of political subdivisions of the State
progress. This form of decentralization further
under the heading "Local Government" indicates
relieves the central government of the burden of
quite clearly the constitutional intent to consider
managing local affairs so that it can concentrate on
autonomous regions as one of the forms of local
national concerns. [Mandanas v. Ochoa, Jr., G.R.
governments. (Kida v. Senate, GR No. 196271,
Nos. 199802 & 208488, July 3, 2018]
February 28, 2012)
Q: In 2008, the DSWD launched the "Pantawid
Q: What are the limitations to the powers and
Pamilyang Pilipino Program" (4Ps). This
functions of autonomous regions?
government intervention scheme "provides
A: Within its territorial jurisdiction and subject to the
cash grant to extreme poor households to allow
provisions of this Constitution and national laws, the
the members of the families to meet certain
organic act of autonomous regions shall provide for
human development goals." A Memorandum of
legislative powers over:
Agreement executed by the DSWD with each
participating LGU outlines in detail the
(1) Administrative organization;
obligation of both parties during the intended
(2) Creation of sources of revenues;
five-year implementation. Congress, for its part,
(3) Ancestral domain and natural resources;
sought to ensure the success of the 4Ps by
(4) Personal, family, and property relations;
providing it with funding. Does this encroach
(5) Regional urban and rural planning development;
upon the local autonomy of the LGUs?
(6) Economic, social, and tourism development;
(7) Educational policies;
A: No. The purpose of the delegation is to make
(8) Preservation and development of the cultural
governance more directly responsive and effective
at the local levels. But to enable the country to heritage; and
(9) Such other matters as may be authorized by law
develop as a whole, the programs and policies
for the promotion of the general welfare of the
effected locally must be integrated and coordinated

people of the region. (Sec. 20, Art. X, 1987 contravene the Constitution or any statute; (2) must
Constitution) not be unfair or oppressive; (3) must not be partial
or discriminatory; (4) must not prohibit but may
C. LOCAL GOVERNMENT UNITS regulate trade; (5) must be general and consistent
with public policy and (6) must not be unreasonable.
1. POWERS OF LOCAL (SJS v. Atienza; Fernando v. St. Scholastica)
GOVERNMENT UNITS, IN GENERAL
Q: ABC operates an industrial waste processing
a. Police power (General Welfare plant within Laoag City. Occasionally, whenever
fluid substances are released through a nearby
Clause)
creek, obnoxious odor is emitted causing
dizziness among residents in Baranggay La Paz.
Q: What are the two branches of the general
On complaint of the Punong Baranggay, the City
welfare clause?
Mayor wrote ABC demanding that it abate the
1. General Legislative Power Authorizes the
nuisance. This was ignored. An invitation to
municipal council to enact ordinances and make
attend a hearing called by the Sangguniang
regulations not repugnant to law, as may be
Panglungsod was also declined by the President
necessary to carry into effect and discharge the
of ABC. The city government thereupon issued
powers and duties conferred upon the
a cease and desist order to stop operations of
municipal council by law. (Rural Bank of Makati
the plant, prompting ABC to file a petition for
v. Municipality of Makati, July 2, 2004).
injunction before the RTC, arguing that the city
government did not have any power to abate the
2. Police Power Proper Authorizes the
alleged nuisance. Decide with reasons.
municipality to enact ordinances as may be
necessary and proper for the health and safety,
A: The city government has no power to stop the
prosperity, morals, peace, good order, comfort,
operations of the plant. Since its operations is not a
and convenience of the municipality and its
nuisance per se, the city government cannot abate
inhabitants, and for the protection of their
it extrajudicially. A suit must be first filed in court.
property (Rural Bank of Makati v. Municipality of
(AC Enterprises, Inc. v. Frabelle Properties
Makati, July 2, 2004).
Corporation, G.R. No. 166744, 2006)
Q: What are the requisites for the valid exercise
Q: Can a Barangay Assembly exercise any
of police power?
police power?
1. The interests of the public generally, as
A: No, the Barangay Assembly cannot exercise any
distinguished from those of a particular class,
police power. It can only recommend to the
require the interference of the state (Equal
Sangguniang Barangay the adoption of measures
Protection Clause)
for the welfare of the barangay and decide on the
adoption of an initiative (Local Government Code,
2. The means employed are reasonably
Sec. 398).
necessary for the attainment of the object
sought to be accomplished and not duly
Q: Can the Liga ng mga Barangay exercise
oppressive (Due Process Clause)
legislative powers?
3. Exercisable only within the territorial limits of the A: No, the Liga ng Mga Barangay cannot exercise
legislative powers, as stated in jurisprudence, it is
LGU, except for protection of water supply
(Local Government Code, Sec. 16) not a local government unit and its primary purpose
is to determine representation of the liga in the
sanggunians; to ventilate, articulate, and crystallize
4. Must not be contrary to the Constitution and the
laws. issues affecting barangay government
administration; and to secure solutions for. Them
through proper and legal means (Bito-Onon v.
In other words, there must be a concurrence of a
lawful subject and lawful method. (Lucena Grand Fernandez, 350 SCRA 732, 2001).
Central v. JAC, G.R. No. 148339 February 23, 2005)
Q: The Sangguniang Panlungsod of Davao City
NOTE: For an ordinance to be valid, it must not only enacted an ordinance imposing a ban against
be within the corporate powers of the LGU to enact aerial spraying as an agricultural practice by all
and be passed according to the procedure agricultural entities within Davao City. Pursuant
prescribed by law, it must also conform to the to the ordinance, the ban against aerial spraying
following substantive requirements: (1) must not would be strictly enforced three months

thereafter. The Pilipino Banana Growers and

Exporters Association, Inc. (PBGEA) filed a NOTE: LGU cannot authorize an expropriation of
petition in the RTC to challenge the private property through a mere resolution of its
constitutionality of the ordinance, alleging that lawmaking body.
the ordinance exemplified the unreasonable
exercise of police power and violated the equal 2. It must be for public use, purpose, or welfare or
protection clause. The RTC declared that the for the benefit of the poor or landless
ordinance is valid and constitutional saying that
the City of Davao had validly exercised police NOTE: Property already devoted to public use may
power under the General Welfare Clause of the not be taken for another public use. (City of Manila
Local Government Code and that the ordinance v. Chinese Community of Manila, G.R. No. L-14355,
was consistent with the Equal Protection October 31, 1919)
Clause. On appeal, however, the CA reversed
the judgment of the RTC. Is the ordinance valid? 3. There must be payment of just compensation
A: No, requiring the respondents and other affected 4. A valid and definite offer has been previously
individuals to comply with the consequences of the made to the owner of the property sought to be
ban within the three-month period under pain of expropriated, but said offer was not accepted.
penalty like fine, imprisonment and even (Municipality of Paranaque v. V.M. Realty
cancellation of business permits would definitely be Corporation, G.R. No. 127820. July 20, 1998)
oppressive as to constitute abuse of police power.
NOTE: LGUs are also mandated to follow the
The ordinance violated the equal protection clause. conditions and standards prescribed by RA 7279
The imposition of the ban is too broad because the (Urban Development and Housing Act of 1992), the
ordinance applies irrespective of the substance to law governing the expropriation of property for urban
be aerially applied and irrespective of the land reform and housing. Sections 9 and 10 of RA
agricultural activity to be conducted. Such 7279 specifically provide as follows:
imposition becomes unreasonable inasmuch as it
patently bears no relation to the purported 1) Priorities in the acquisition of Land Lands for
inconvenience, discomfort, health risk and socialized housing shall be acquired in the
environmental danger which the ordinance seeks to following order:
address. The burden will now become more (a) Those owned by the Government or any of
onerous to various entities, including those with no its subdivisions, instrumentalities, or
connection whatsoever to the intended purpose of agencies, including government-owned or -
the ordinance. (Mosqueda vs. Pilipino Banana controlled corporations and their subsidiaries;
Growers & Exporters Assoc., G.R. No. 189185 & (b) Alienable lands of the public domain;
189305, August 16, 2016) (c) Unregistered or abandoned and idle lands;
(d) Those within the declared Areas of Priority
b. Power of Eminent Domain Development, Zonal Improvement sites, and
(Expropriation) Slum Improvement and Resettlement Program
sites which have not yet been acquired;
Q: What is the nature of the power of eminent (e) Bagong Lipunan Improvement sites and
domain in local government units? Services or BLISS sites which have not yet been
A: Local government units have no inherent power acquired; and
of eminent domain. Local governments can exercise (f) Privately-owned lands. (Sec. 9, RA 7279)
such power only when expressly authorized by the
Legislature. By virtue of the Local Government Where on-site development is found more
Code, Congress conferred upon local government practicable and advantageous to the
units the power to expropriate. (Masikip v. City of beneficiaries, the priorities mentioned in this
Pasig, G.R. No. 136349, January 23, 2006) section shall not apply. The local government
units shall give budgetary priority to on-site
Q: What are the requisites for the valid exercise development of government lands.
of eminent domain?
1. An ordinance is enacted by the local legislative - o the process of
council authorizing the local chief executive, in upgrading and rehabilitation of blighted and slum
behalf of the LGU, to exercise the power of eminent urban areas with a view of minimizing displacement
domain or pursue expropriation proceeding over a of dwellers in said areas, and with provisions for
particular private property.

basic services as provided for in Section 21 hereof. land reclassification by an LGU (Local Government
(Sec. 3(l), RA 7279) Code, Sec. 2).
2) Modes of Land Acquisition. The modes of NOTE: 1) Pursuant to MC 54 s.1993, DAR

acquiring lands for purposes of this Act shall include, clearance is required for reclassification or
among others, community mortgage, land conversion of agricultural lands; 2) However, DAR
swapping, land assembly or consolidation, land clearance is not required for LGU expropriation as
banking, donation to the Government, joint held in Camarines Sur v. CA.
venture agreement, negotiated purchase, and
expropriation: Provided, however, That Q: The Sangguniang Bayan of the Municipality
expropriation shall be resorted to only when of Santa, Ilocos Sur passed Resolution No. 1
other modes of acquisition have been authorizing its Mayor to initiate a petition for the
exhausted: Provided further, That where expropriation of a lot owned by Christina as site
expropriation is resorted to, parcels of land for its municipal sports center. This was
owned by small property owners shall be approved by the Mayor. However, the
exempted for purposes of this Act: Provided, Sangguniang Panlalawigan of Ilocos Sur
finally, that abandoned property, as herein disapproved the Resolution as there might still
defined, shall be reverted and escheated to the be other available lots in Santa for a sports
State in a proceeding analogous to the center. Nonetheless, the Municipality of Santa,
procedure laid down in Rule 91 of the Rules of through its Mayor, filed a complaint for eminent
Court. (Sec. 10, RA 7279) domain. Christina opposed this on the following
grounds: 1) the Municipality of Santa has no
The order of priority in Sec. 9 (i.e. private lands just power to expropriate; 2) Resolution No. 1 has
6th in the order) and the other modes of acquisition been voided since the Sangguniang
in Sec. 10 must be exhausted (i.e. good faith Panlalawigan disapproved it for being arbitrary;
negotiation) before expropriation may be resorted and 3) the Municipality of Santa has other and
to. Otherwise, the complaint for eminent domain will better lots for that purpose.
necessarily fail.
1. The Municipality of Santa has the power to
Q: What are the due process requirements in expropriate. Section 19 of the LGC grants all local
eminent domain? government units the power of eminent domain.
A: Offer must be in writing specifying: However, Section 19 of the LGC required an
1. Property sought to be acquired ordinance, not a resolution, for the exercise of the
2. The reason for the acquisition power of eminent domain. (Heirs of Saguitan v. City
3. The price offered of Mandaluyong, G.R. No. 135087, 2000)
Q: Is a valid and definite offer to buy a property 2. The disapproval of Resolution No. 1 by the
a prerequisite to expropriation initiated by a Sangguniang Panlalawigan of Ilocos Sur on the
local government? ground that there may be other lots available in
A: Yes. Under Section 19 of the Local Government Santa is invalid, because it can disapprove
Code of 1991, a valid and definite offer to buy a Resolution No. 1 solely on the ground that it is
property is a pre-requirement to expropriation beyond the power of the Sangguniang Bayan of
initiated by a local government (Local Government Santa. (Moday v. CA, G.R. No. 107916, 1997)
Code, Sec. 19).
3. If there are other lots that are better and more
NOTE appropriate for the municipal sports center, the lot
the LGU to prove its compliance with the mandatory owned by Christina should not be expropriated. Its
requirement of a valid and definite offer to the owner choice is arbitrary. (Municipality of Meycauayan v.
of the property before its filing of its complaint for IAC, G.R. No. 72126, 1988)
expropriation. Failure to prove compliance with the
mandatory requirement will result in the dismissal of Q: The Municipality of Bulalakaw, Leyte, passed
the complaint. Ordinance No. 1234, authorizing the
expropriation of two parcels of land situated in
Q: Can reclassification of land by a local the poblacion as the site of a freedom park, and
government unit be done through a resolution? appropriating the funds needed therefor. Upon
A: No. Under the Section 2 of the Local Government review, the Sangguniang Panlalawigan of Leyte
Code, the enactment of an ordinance is required for disapproved the ordinance because _ the
municipality has an existing freedom park

which, though smaller in size, is still suitable for government (Local Government Code, Sec.
the purpose, and to pursue expropriation would 21)
be needless expenditure of the people's money.
Is the disapproval of the ordinance correct? Q: What are the requisites for permanent
Explain your answer. closure?
A: The disapproval of the ordinance is not correct. a. Via ordinance approved by at least 2/3 of all
Under Section 56(c) of the Local Government Code, members of the Sanggunian;
the Sangguniang Panlalawigan of Leyte can b. When necessary, an adequate substitute for the
declare the ordinance invalid only if it is beyond public facility that is subject to closure should be
the power of the Sangguniang Bayan of provided;
Bulalakaw. In the instant case, the ordinance is well c. Such ordinance must have provisions for the
within the power of the Sangguniang Bayan. The maintenance of public safety therein; and
disapproval of the ordinance by the Sangguniang d. If a freedom park is permanently closed, there
Panlalawigan of Leyte was outside its authority must be a provision for its transfer or relocation
having been done on a matter pertaining to the to a new site (Local Government Code, Sec.
wisdom of the ordinance which pertains to the 21(a),(b)).
Sangguniang Bayan (Moday v. Court of Appeals,
268 SCRA 586, 1997) e. Such property permanently withdrawn from
public use may be used or conveyed for any
c. Power of Taxation (Power to purpose for Which other real property belonging
Generate and Apply Resources) to the LGU may be lawfully used or conveyed
(Local Government Code, Sec. 21(b)).
Q: What is the nature of the power of taxation of
local government units? e. Legislative Power
A: It is already well-settled that although the power
to tax is inherent in the State, the same is not true Q: What is the nature of the legislative power in
for the LGUs to whom the power must be local government units?
delegated by Congress and must be exercised A: It is a fundamental principle that municipal
within the guidelines and limitations that ordinances are inferior in status and subordinate to
Congress may provide. (Geron v. Pilipinas Shell, the laws of the State. An ordinance in conflict with a
G.R. No. 18763, July 8, 2015) state law of general character and statewide
application is universally held to be invalid. In every
Thus, the power of taxation of the LGUs is subject power to pass ordinances given to a municipality,
to the common limitations contained under Sec. 133 there is an implied restriction that the ordinances
of the LGC with respect to what LGUs cannot tax, shall be consistent with the general law. (Batangas
especially taxes, fees or charges of any kind on the CATV v. Court of Appeals, G.R. No. 138810,
National Government, its agencies and September 29, 2004)
instrumentalities, and local government units. i. Requisites for a valid ordinance
d. Closure and Opening of Roads Q: What are the requisites for a valid ordinance?
1. Must not contravene the constitution and any
Q: What are the requisites for temporary statute
closure? 2. Must not be unfair or oppressive
a. Via ordinance; 3. Must not be partial or discriminatory
b. May be done due to: 4. Must not prohibit, but may regulate trade
i. Actual emergency; 5. Must not be unreasonable
ii. Fiesta celebrations; 6. Must be general in application and Consistent
iii. Public rallies; with public policy. (Magtajas v. Pryce Properties
iv. Agricultural or industrial fairs; or Corporation, Inc., July 20, 1994)
v. Undertaking of public works and highways,
telecommunications, and waterworks Q: The Sangguniang Panglungsod of Pasay City
projects; passed an ordinance requiring all disco pub
c. Duration of closure must be specified by the owners to have all their hospitality girls tested
local chief executive in a written order; and for AIDS virus. Both disco pub owners and the
d. If for the purpose of athletic, cultural, or civil hospitality girls assailed the validity of the
activities, these must be officially sponsored, ordinance for being violative of their
recognized, or approved by the local constitutional rights to privacy and to freely

choose a calling or business. Is the ordinance Q: A municipality passed an ordinance

valid? Explain. penalizing any person or entity engaged in the
A: The ordinance is a valid exercise of police power. business of selling tickets to movies or other
The right to privacy yields to certain paramount public exhibitions, games or performances
rights of the public and defers to the exercise of which would charge children between 7 and 12
police power. The ordinance is not prohibiting the years old the full price of admission tickets
disco pub owners and the hospitality girls from instead of only one-half of the amount thereof. Is
pursuing their calling or business but merely the ordinance a valid exercise of legislative
regulating it. (Social Justice Society v. Dangerous power by the municipality? Why?
Drugs Board, G.R. No. 157870, 2008). The A: The ordinance is void because it is unreasonable.
ordinance is a valid exercise of police power, It deprives the sellers of the tickets of their property
because its purpose is to safeguard public health. without due process. A ticket is a property right and
(Beltran v. Secretary of Health, G.R. No. 133640, may be sold for such price as the owner of it can
2005) obtain. There is nothing malicious in charging
children the same price as adults. (Balacuit v. CFI of
Q: The Municipality of Bulalakaw of Leyte Agusan del Norte, G.R. No. L-38429, 1988)
passed an ordinance authorizing the
expropriation of two parcels of land situated in ii. Local Initiative and Referendum
the poblacion as the site of a freedom park, and
appropriating the funds needed therefor. Upon Q: What is the difference between an initiative
review, the Sangguniang Panlalawigan of Leyte and a referendum?
disapproved the ordinance because the A: Initiative is the legal process whereby the
municipality has an existing freedom park registered voters of LGU may directly propose,
which, though smaller in size, is still suitable for enact or amend any ordinance (Local Government
the purpose, and to pursue expropriation would Code, Sec. 120)
Is the disapproval of the ordinance correct? Referendum is the legal process whereby the
Explain. registered voters of the LGU may approve, amend
A: The disapproval of the ordinance is not correct. or reject any ordinance enacted by the sanggunian
Under Section 56 (c) of the LGC, the Sangguniang (Local Government Code, Sec. 126)
Panlalawigan of Leyte can declare the ordinance
invalid only if it is beyond the power of the NOTE: Local initiative includes not only ordinances
Sangguniang Bayan of Bulalakaw. In the instant but also resolutions as its appropriate subjects
case, the ordinance is well within the power of the (Garcia v. COMELEC, G.R. 111230, September. 30,
Sangguninag Bayan. The disapproval of the 1994).
ordinance by the Sangguniang Panlalawigan of
Leyte was outside of its authority having been done Q: MADAKO is a municipality composed of 80
on a matter pertaining to the wisdom of the barangays, 30 in the west of Madako River and
ordinance. (Moday v. CA, G.R. No. 107916, 1997) 50 in the east thereof. The 30 western barangays
feeling left out of economic initiatives wish to
Q: Can governors or mayors veto ordinance and constitute themselves into a new and separate
resolution? Can the sanggunian override the town to be called Masigla.
veto?
A: Yes. The local chief executive, except the
punong barangay, shall have the power to veto any to secure a law in their favor, would a plebiscite
ordinance of the sanggunian panlalawigan, be necessary or not? If it is necessary, who
sangguniang panlungsod, or sanggunian bayan on should vote or participate in the plebiscite?
the ground that it is ultra vires or prejudicial to the Discuss.
public welfare, stating his reasons therefor in writing.
The local chief executive may veto an ordinance or 2) Suppose that one year after Masigla was
resolution only once. The sanggunian may override constituted as a municipality, the law creating it
the veto of the local chief executive concerned by is voided because of defects. Would that
2/3 vote of all its members, thereby making the invalidate the acts of the municipality and/or its
ordinance effective even without the approval of the municipal officers? Explain.
local chief executive concerned. (Sec. 55, 1991 A:
Local Government Code) 1. A plebiscite is necessary, because this is required
for the creation of a new municipality. (Phil. Const.,
art. X, Sec. 10) The voters of both Madako and

Masigla should participate in the plebiscite, because b. Do not comply with the substantive requirements
both are directly affected by the creation of Masigla. of law e.g., when expenditure of public funds is to be
The territory of Madako will be reduced. (Tan v. made, there must be an actual appropriation and
COMELEC, G.R. No. 103328, 1992) certificate of availability of funds. (Land Bank of the
Philippines v. Cacayuran, G.R. No. 191667, April
2. Although the municipality cannot be considered 17, 2013)
as a de facto corporation, because there is no valid
law under which it was created, the acts of the 2. Liability of Local Government Units
municipality and of its officers will not be invalidated,
because the existence of the law creating it is an Q: What is the distinction between the
operative fact before it was declared governmental and proprietary functions of Local
unconstitutional. Hence, the previous acts of the Government Units?
municipality and its officers should be given effect A: If the injury is caused in the course of the
as a matter of fairness and justice. (Municipality of performance of a governmental function or duty, no
Malabang v. Benito, G.R. No. L-28113, 1969) recovery, as a rule, can be had from the municipality
unless there is an existing statute on the matter, nor
f. Corporate Powers from its officers so long as they performed their
duties honestly and in good faith or that they did not
Q: The Municipality of Pinatukdao is sued for act wantonly and maliciously. With respect to
damages arising from injuries sustained by a proprietary functions, the settled rule is that a
pedestrian who was hit by a glass pane that fell municipal corporation can be held liable to third
from a dilapidated window frame of the persons ex contractu or ex delicto.
municipal hall. The municipality files a motion to
dismiss the complaint, invoking state immunity There can be no hard and fast rule for purposes of
from suit. Resolve the motion with reasons. determining the true nature of an undertaking or
A: The motion to dismiss should be denied. Under function of a municipality; the surrounding
Section 24 of the LGC and Article 2189 of the New circumstances of a particular case are to be
Civil Code, the Municipality of Pinatukdao is liable considered and will be decisive. The basic element,
for damages arising from injuries to persons by however beneficial to the public the undertaking
reason of negligence of local government units on may be, is that it is governmental in essence;
the defective condition of the municipal hall, which otherwise the function becomes private or
is under their control and supervision (Local proprietary in character. (Municipality of Malasiqui v.
Government Code, Sec. 24; Republic Act No 386, Heirs of Fontanilla, G.R. No. L-29993, October 23,
art. 2189). 1978)
Q: An aggrieved resident of the City of Manila Q: What are the liabilities of Local Government
filed mandamus proceedings against the city Units?
mayor and the city engineer to compel these 1. LGUs and their officials are not exempt from
officials to remove the market stalls from certain liability arising from death or injury to persons or
city streets which they had designated as flea damage to property (Local Government Code,
markets. Portions of the said city streets were Sec. 24).
leased or licensed by the respondent officials to
market stallholders by virtue of a city ordinance. 2. LGUs shall be liable for damages for the death
Decide the dispute. of, or injuries suffered by, any person by reason
A: The petition should be granted. Since public of the defective condition of roads, streets,
streets are properties for public use and are outside bridges, public buildings, and other public works
the commerce of man, the City Mayor and the City under their control or supervision. (New Civil
Engineer cannot lease or license portions of the city Code, Art. 2189)
streets to market stallholders. (Macasiano v.
Diokno, G.R. No. 97764, 1992) NOTE: LGU is liable even if the road does not
belong to it as long as it exercises control or
g. Ultra Vires Acts/Contracts supervision over the said roads.
Q: What are ultra vires contracts? 3. The State is responsible in like manner when it
A: Ultra vires contracts are those which: acts through a special agent; but not when the
damage has been caused by the official to
a. Are entered into beyond the express, implied or whom the task done properly pertains. In which
inherent powers of the LGU; and

case, Art. 2180 shall be applicable. (New Civil (Municipality of San Fernando v. Hon. Firme, G.R.
Code, Article 2180 (6)) No. L-52179, April 8, 1991)
4. When a member of a city or municipal police Q: The Municipality of Malasiqui authorized the
force refuses or fails to render aid or protection celebration of town fiesta by way of a resolution
to any person in case of danger to life or and appropriated an amount for the
property, such peace officer shall be primarily construction of 2 stages. One of the members of
liable for damages and the city or municipality the group to perform a play during the fiesta was
shall be subsidiarily responsible therefor. (New Fontanilla. Before the dramatic part of the play
Civil Code, Art.34) was reached, the stage collapsed and Fontanilla
was pinned underneath resulting to his death.
Q: What are the sources of municipal liability? The heirs of Fontanilla filed a complaint against
1. Liability arising from violation of law the Municipality. Is the municipality liable?
2. Liability for contracts A: Yes, the town fiesta was an exercise of a private
a. LGU is liable provided that the contract is or proprietary function of the municipality. Holding a
intra vires or it is ultra vires that is only fiesta, even if the purpose is to commemorate a
attended by irregularities, which does not religious or historical event of the town, is in essence
preclude ratification or the application of the an act for the special benefit of the community and
doctrine of estoppel. not for the general welfare of the public performed
b. LGU is not liable if it is ultra vires, which are in pursuance of a policy of the state. No
entered into beyond the express, implied or governmental or public policy of the state is involved
inherent powers of the local government in the celebration of a town fiesta. (Municipality of
unit or do not comply with the substantive Malasiqui v. Heirs of Fontanilla, G.R. No. L-29993,
requirements of law. Oct. 23, 1978)
c. A private individual who deals with a
municipal corporation is imputed with 3. Settlement of Boundary Disputes
constructive knowledge of the extent of the
power or authority of the municipal Q: May boundary disputed between and among
corporation to enter into contracts. municipalities in the same province be filed
3. Liability for torts immediately with the Regional Trial Court?
a. GR: If the LGU is engaged in its A: No. According to Section 118 of the Local
governmental function, then it is not liable. Government Code, boundary disputes should be
EXC: referred for settlement to the sangguniang
statute or its officers acted wantonly or panlalawigan. (Municipality of Sta. Fe v. Municpality
maliciously. (Torio v. Fontanilla, G.R. No. of Artao, G.R. No. 140474, 2007)
L29993 October 23, 1978)
b. If the LGU is engaged in its proprietary Q: There was a boundary dispute between a
function, then it is liable. municipality and an independent component
city, both located in the same province. How
Q: A collision between a passenger jeepney, should the two LGUs settle their boundary
sand and gravel truck, and a dump truck driven dispute?
by Monte and owned by the Municipality of San A: Since there is no law providing for the jurisdiction
Fernando occurred which resulted to the death of any court or quasi-judicial body over the
of Jessica, a passenger of the jeepney. The heirs settlement of a boundary dispute between a
of Jessica instituted an action for damages municipality and a component city, the Regional
against the Municipality. Is the municipality Trial Court has jurisdiction to adjudicate it. Under
liable for the tort committed by its employee? Section 19 (6) of the Judiciary Reorganization Act,
A: No, the driver of the dump truck was performing the RTC has exclusive original jurisdiction in all
duties or tasks pertaining to his office he was on cases not within the exclusive jurisdiction of any
his way to get a load of sand and gravel for the repair court or quasi-judicial agency. (Municipality of
of San Fernando's municipal streets. The Kananga v. Madrona, G.R. No. 141375, 2003)
municipality cannot be held liable for the tort
committed by its regular employee, who was then
engaged in the discharge of governmental
functions. The death of the passenger tragic and
deplorable though it may be imposed on the
municipality no duty to pay monetary compensation.

Q: What body or bodies are vested by law with Q: What are the modes of filing of vacancy?
authority to settle disputes involving:
1. Automatic succession
a) Two or more towns within the same province 2. By appointment (Local Government Code, Sec.
45)
A: Under Section 118(b) of the Local Government
Code, boundary disputes involving two or more Q: In the 1997 local elections Calimlim was
municipalities within the same province shall be elected as Mayor, Aquino as Vice-Mayor and
settled by the Sangguniang Panlalawigan Tamayo as the highest ranking member of the
concerned. Sanggunian. In 1999, Mayor Calimlim died, thus
Vice-Mayor Aquino succeeded him as Mayor.
b) Two or more highly urbanized cities. Accordingly, the highest-ranking member of the
Sanggunian, Tamayo, was elevated to the
A: Under Section 118(d) of the Local Government position of the Vice-Mayor. Since a vacancy
Code, boundary disputes involving two or more occurred in the Sangguniang Bayan by the
highly urbanized cities shall be settled by the elevation of petitioner Tamayo to the office of
Sangguniang Panlungsod of the parties. the Vice-Mayor, Governor Agbayani appointed
Navarro as Member of the Sangguniang Bayan.
4. Vacancies and Succession Navarro belonged to the same political party as
that of Tamayo.
Q: What are the grounds for permanent
vacancy? Respondents argue that it was the former vice
A: Permanent vacancy occurs when an elective mayor Aquino who created the permanent
local official: vacancy in the Sanggunian and thus, the
appointee must come from the former vice
1. Fills a higher vacant office;
2. Refuses to assume office; contend that it was the elevation of Tamayo to
3. Fails to qualify; the position of vice-mayor which resulted in a
4. Dies; permanent vacancy and thus, the person to be
5. Is removed from office; appointed to the vacated position should come
6. Voluntarily resigns; or from the same political party as that of Tamayo,
7. Is otherwise permanently incapacitated from in this case Navarro. Are the respondents
discharging the functions of his office (par. 2, correct?
Sec. 44, Local Government Code)
A: No, the respondents are not correct. With the
Q: On August 8, 2008, the Governor of Bohol elevation of Tamayo to the position of Vice-Mayor, a
dies and Vice-Governor Cesar succeeded him vacancy occurred in the Sanggunian that should be
by operation of law. Accordingly, Benito, the filled up with someone who should belong to the
highest ranking member of the Sangguniang political party of petitioner Tamayo. Under Sec 44 of
Panlalawigan was elevated to the position of the LGC, a permanent vacancy arises when an
Vice-Governor. By the elevation of Benito to the elective official fills a higher vacant office, refuses to
office of Vice-Governor, a vacancy in the assume office, fails to qualify, dies, is removed from
Sangguniang Panlalawigan was created. How office, voluntarily resigns, or is otherwise
should the vacancy be filled? permanently incapacitated to discharge the
A: In accordance with Section 45 of the LGC, the functions of his office. Sec 45 (b) of the same law
vacancy should be filled by appointment by the
President of the nominee of the political party of under which the Sanggunian member concerned
Benito since his elevation to the position of Vice- has been elected and whose elevation to the
Governor created the last vacancy in the position next higher in rank created the last vacancy
Sangguniang Panlalawigan. If Benito does not in the Sanggunian shall be appointed in the manner
belong to any political party, a qualified person herein provided. The appointee shall come from the
recommended by the Sangguniang Panlalawigan political party as that of the Sanggunian member
should be appointed. (Navarro v. CA, G.R. No.
121087, 1999) is thus used in Sec. 45(b) to differentiate it from the
which occurred with the elevation of 8th placer to the

7th position in the Sanggunian. Such construction

will result in absurdity. (Navarro v. CA, G.R. No. 4. At least ten percent (10%) in the case of LGUs
141307, March 28, 2001) with a voting population of over three hundred
thousand (300,000):Provided, however, that in
5. Recall no case shall the required petitioners be less
than forty-five thousand (45,000) (Local
Q: What is recall? Government Code, Sec. 70, as amended by RA
A: It is a mode of removal of a public officer, by the 9244)
prerogative to remove a public officer is an incident Q: What is the process for recall?
of their sovereign power, and in the absence of A:
constitutional restraint, the power is implied in all 1. Petition of a registered voter in the LGU
governmental operations. (Garcia v. COMELEC, concerned, supported by percentage of
G.R. No. 111511, Oct. 5, 1993) registered voters during the election in which
the local official sought to be recalled was
Q: Who may exercise recall? elected.
A: The power of recall for loss of confidence shall
be exercised by the registered voters of a local 2. Within 15 days after filing, COMELEC must
government unit to which the local elective office certify the sufficiency of the required number of
subject to such belongs. (Local Government Code, signatures.
Sec. 69)
NOTE: Failure to obtain required number
Q: What is the ground for recall? automatically nullifies petition.
A: The only ground for recall of local government
officials is loss of confidence. It is not subject to 3. Within 3 days of certification of sufficiency,
COMELEC shall provide the official with copy of
confidenc petition and shall cause its publication for three
question. (Garcia v. COMELEC, G.R. No. 111511, weeks (once a week) in a national newspaper
Oct. 5, 1993) and a local newspaper of general circulation.
Petition must also be posted for 10 to 20 days
Q: How may recall be initiated? at conspicuous places (Local Government
A: The Recall of any elective provincial, city, Code, Sec. 70 (b)(2), as amended by RA 9244)
municipal or barangay official shall be commenced
by a petition of a registered voter in the LGU NOTE: Protest should be filed at this point and ruled
concerned and supported by the registered voters in with finality within 15 days after filing.
the LGU concerned during the election in which the
local official sought to be recalled was elected 4. COMELEC verifies and authenticates the
subject to the following percentage requirements: signature
1. At least twenty-five percent (25%) in the case 5. COMELEC announces acceptance of

LGUs with a voting population of not more than candidates.
twenty thousand (20,000);
6. COMELEC sets election within 30 days after the
2. At least twenty percent (20%) in the case of filing of the resolution or petition for recall in the
LGUs with a voting population of at least twenty case of barangay/city/municipality, and 45days
thousand(20,000) but not more than seventy- in the case of provincial officials. Officials
five thousand (75,000): Provided, That in no sought to be recalled are automatic candidates
case shall the required petitioners be less than (Local Government Code, Secs. 70 & 71)
five thousand (5,000);
Q: Governor Diy was serving his third term when
3. At least fifteen percent (15%) in the case of he lost his governorship in a recall election.
LGUs with a voting population of at least
seventy-five thousand (75,000) but not more a) Who shall succeed Governor Diy in his office
than three hundred thousand (300,000): as Governor?
Provided, however, That in no case shall the A: The candidate who received the highest number
required number of petitioners be less than of votes in the recall will succeed Governor Diy.
fifteen thousand(15,000); and (Local Government Code, Sec. 72)

b) Can Governor Diy run again as governor in Q: Manuel was elected Mayor of Municipality of
the next election? Tuba in the elections of 1992, 1995 and 1998. He
A: Governor Diy can run again as governor. He did fully served his first two terms, and during his
not fully serve his third term, because he lost in the third term, the municipality was converted into
recall election. His third term should not be included the component City of Tuba. The said charter
in computing the three-term limit. (Lonzanida v. provided for a hold-over and so without
COMELEC, G.R. No. 135150, 1999) interregnum, Manuel went on to serve as the
Mayor of Tuba. In the 2001 elections, Manuel
c) Can Governor Diy refuse to run in the recall filed his certificate of candidacy for City Mayor.
election and instead resign from his position as He disclosed, though, that he had already
governor? served for three consecutive terms as elected
A: Governor Diy cannot refuse to run in the recall Mayor when Tuba was still a municipality. He
election. He is automatically considered as a duly also stated in his CoC that he is running for the
registered candidate. (Local Government Code, position of Mayor for the first time now that Tuba
Sec. 71) He is not allowed to resign. (Local is a city. Reyes, an adversary, ran against
Government Code, Sec. 73) Manuel and petitioned that he be disqualified
because he had already served for three
Q: Suppose the people of a province want to consecutive terms as Mayor. The petition was
recall the provincial governor before the end of not timely acted upon, and Manuel was
his three-year term of office. proclaimed the winner with 20,000 votes over
the 10,000 votes received by Reyes as the only
a) On what ground or grounds can the provincial other candidate. It was only after Manuel took
governor be recalled? his oath and assumed office that COMELEC
ruled that he was disqualified for having ran and
A: In accordance with Sec. 69 of the Local served for three consecutive terms.
Government Code, the Governor can be recalled for
loss of confidence. a) What is a possible argument to prevent his
disqualification and removal?
b) How will the recall be initiated?
A: One possible argument is that when the
A: Under Section 70 of the Local Government Code, municipality was converted into a city, it became a
the recall may be initiated by a resolution adopted different juridical personality. Hence, when he ran
by a majority of all the members of the preparatory for city mayor, he was not running for the same
recall assembly, which consists of all the mayors, office as that of municipal mayor.
the vice-mayors, and the sangguniang members of
the municipalities and component cities, or by a b) Is Manuel eligible to run as Mayor of the newly
written petition signed by at least twenty-five per created City of Tuba immediately after having
cent (25%) of the total number of registered voters served for three consecutive terms as Mayor of
in the province. Municipality of Tuba?
c) When will the recall of an elective local official A: Manuel is not eligible to run as mayor of the City
be considered effective? of Tuba. While it acquired a new corporate existence
separate and distinct from that of the municipality,
A: According to Section 72 of the Local Government this does not mean that for the purpose of applying
Code, the recall of an elective local official shall take the constitutional provision on term limitations, the
effect upon the election and proclamation of a office of the municipal mayor should be considered
successor in the person of the candidate receiving as different from the office of the city mayor. The
the highest number of votes cast during the election framers of the Constitution intended to avoid the evil
on recall. of a single person accumulating excessive power
over a particular territorial jurisdiction as a result of
6. Term Limits a prolonged stay in the office. To allow Manuel to vie
for the position of city Mayor after having served for
Q: What is the term limit for all local elective three consecutive terms as municipal mayor will
officials? defeat the intent of the framers of the Constitution.
A: No local elective official may serve for more than (Latasa v. COMELEC, G.R. No. 154829, 2003)
three consecutive terms (Local Government Code,
Sec. 43). c) Assuming Manuel is ineligible, should Reyes
be declared the winner?

A: Yes, Reyes should be considered the winner. once more, for the position of Municipal
When there are participants who turn out to be Councilor? Or is he prescribed to do so under
ineligible, their victory is voided and the laurel is the Local Government Code?
awarded to the next in rank who does not possess
any of the disqualifications nor lacks any of the A: R can still run for the position of Municipal
qualifications set in the rules to be eligible as Councilor. Voluntary renunciation of a term does not
he cancel the renounced term in the computation of the
three-term limit; conversely, involuntary severance
the disqualification to attach to the candidate. The from office for any length of time short of the full term
very existence of a disqualifying circumstance provided by law amounts to an interruption of
makes the candidate ineligible. Knowledge by the continuity of service (Montebon v. Commission on
ot Elections, G.R. No. 180444, 2008)
necessary before a qualified candidate who placed
second to a disqualified one can be proclaimed as D. LOCAL TAXATION
the winner. The second-placer in the vote count is
actually the first-placer among the qualified Q: What are the fundamental principles of local
candidates. (Maquiling v. COMELEC, G.R. No. government taxation?
195649, 2013) A: [ULIPE]
1. Taxation shall be Uniform in each local
Q: Atty. G ran for Governor of the Province of
government unit;
Pampanga, while his close friend, Atty. M, ran
2. Taxes, fees, charges, and other
for Mayor of the Municipality of Guagua,
impositions shall [EPuJuL]:
Pampanga. They both won convincingly.
a. Be Equitable and based as far as
Eventually, the losing candidates timely filed
practicable on the taxpayer's ability to
election protests. The losing gubernatorial
pay;
candidate, Mr. A, filed his protest before the
b. Be levied and collected only for Public
Regional Trial Court of Pampanga (RTC),
purposes;
whereas the losing mayoralty candidate, Mr. B,
c. Not be unJust, excessive, oppressive,
protest before the Municipal Trial Court of
or confiscatory;
Guagua, Pampanga (MTC). What are the term
d. Not be contrary to Law, public policy,
limits for the positions of Atty. G and Atty. M?
national economic policy, or in the
A: The term limits for both are three terms of three
restraint of trade;
years for each term. (Section 43(a), Local
3. Collection of local taxes, fees, charges
Government Code)
shall not be Let to any private person;
4. The revenue collected shall Inure solely to
Q: R was elected as Municipal Councilor for the benefit of the local government unit
three (3) consecutive terms. Before the end of levying the tax, fee, charge or other
the third term, Vice Mayor S died, rendering his imposition unless otherwise specifically
post vacant. Since R was the highest-ranking provided herein; and,
Municipal Councilor, he assumed the office of 5. Each local government unit shall, as far as
the Vice Mayor. One of his constituents, T, practicable, evolve a Progressive system of
taxation. (LGC, Sec. 130)
elections should have been conducted to fill in
the vacancy following the death of Vice Mayor S.
Q: What are the fundamental principles of real
a) property taxation?
A: [CUANE]
A: a. CURRENT and fair market value is the
local government offices is by operation of law. basis of appraisal
Section 44 of Republic Act No. 7160, otherwise b. UNIFORMITY in classification in each
known as the Local Government Code, provides local government unit should be observed
that if a permanent vacancy occurs in the office of c. ACTUAL USE of the property shall be the
the vice mayor, the highest ranking sanggunian basis of classification
member shall become vice mayor (Montebon v.
d. Appraisal, assessment, levy and collection
Commission on Elections, G.R. No. 180444, 2008)
should NOT BE LET to any private person
b) Assuming that R validly ass e. EQUITABLE appraisal and assessment
(LGC, Sec. 198)

Q: What are the limitations on the taxing power taxes must be imposed on (a) the same property or
of LGUs? subject-matter, (b) for the same purpose, (c) by the
A: As provided in Section 133, LGUs cannot impose same State, Government, or taxing authority, (d)
the following: within the same jurisdiction or taxing district, (e)
a. Income tax (except on bank and financial during the same taxing period, and (f) they must be
entities) the same kind or character of tax. (Villanueva v. City
b. DST of Iloilo, G.R. No. L-26251, December 28, 1968) In
this case, there is no double taxation since the
c.
taxing authorities and the subject matter are
d. Customs Duties different. One tax is imposed by the national
e. Taxes on goods Passing through the LGU government and the other by the local government.
f. Taxes on Agricultural and aquatic products As to the subject matter, City X is imposing a tax on
sold by marginal farmers and fisherman the total selling price, inclusive of VAT. On the other
g. Taxes on BOI-registered enterprises hand, VAT is imposed on the gross selling price or
h. Excise taxes on articles under the Tax gross receipts.
Code and taxes on petroleum products
i. VAT and Percentage tax
j. Taxes on gross receipts of Transportation Sec. 133(i) of the LGC, one of the common
limitations on the taxing powers of LGUs is that
contractors
LGUs cannot levy percentage or value-added tax
k. Taxes on premium paid by way of (VAT) on sales, barters or exchanges or similar
Reinsurance transactions on goods or services. The imposition
l. Taxes on Registration of motor vehicles by City X of a tax on every sale of merchandise by
m. Taxes on Philippine products actually a wholesaler based on the total selling price of the
Exported goods is akin to VAT which imposes tax on the sale.
n. Taxes on Countryside and Barangay
Business Enterprises and cooperatives Q: In 2014, M City approved an ordinance
o. Taxes and fees on the National levying customs duties and fees on goods
Government coming into the territorial jurisdiction of the city.
Said city ordinance was duly published on
February 15, 2014 with effectivity date on March
As provided in Section 186, LGUs cannot impose 1, 2014. Is there a ground for opposing said
taxes that are specifically enumerated or taxed ordinance? (2015 Bar)
under the provisions of the Tax Code. A: Yes. Under Section 133(e) of the LGC, LGUs
cannot levy taxes, fees and charges and other
Q In 2018, City X amended its Revenue Code to impositions upon goods carried into or out of, or
include a new provision imposing a tax on every passing through, the territorial jurisdictions of local
sale of merchandise by a wholesaler based on government units. Moreover, under Section 186 of
the total selling price of the goods, inclusive of the LGC, LGUs cannot levy taxes, fees or charges
value-added taxes (VAT). ABC Corp., a on any base or subject taxed in other specific
wholesaler operating within City X, challenged applicable laws such as the levy of customs duties
the new provision based on the following under the Tariff and Customs Code.
contentions:
1. the new provision is a form of prohibited Q: What is the extent of the prohibition against
double taxation because it essentially amounts Imposition of taxes with respect to petroleum
to City X imposing VAT which was already being products?
levied by the national government; and A: The exercise of the taxing powers of LGUs does
2. since the tax being imposed is akin to VAT, it not extend to the levy of all kinds of taxes, fees or
is beyond the power of City X to levy the same. charges on petroleum products. The absence of
such a qualification leads to the conclusion that all
Rule on each of ABC Corp.'s contentions. (2019 sorts of taxes on petroleum products, including
Bar) business taxes, are prohibited by Section 133 (h).
(Petron Corporation v. Tiangco, 2008)
A:
Q: Can local governments tax PBA games?
direct double taxation, the following requisites must A: No. PBA games are subject to amusement taxes,
be present: (1) the same property must be taxed which are percentage taxes collected by the
twice when it should be taxed but once; (2) both National Government. (Philippine Basketball

Association v. CA, 2000). Under Section 140 of the posting in at least 2 conspicuous and
LGC, a province or a city can only levy and impose publicly accessible places (Sec. 188, LGC)
a tax on admission from proprietors, lessees, or 4. Copies of all provincial, city, and municipal
operators of theaters, cinemas, concert halls, and Barangay tax ordinances and revenue
circuses, boxing stadia, and other places of measures shall be furnished the respective
amusement. The authority to tax professional local treasurers for public dissemination.
basketball games is not included therein, as the (LGC, Sec. 189)
same is expressly imposed and collected by the
national government under Section 125 of the 1997 Q: Outline the process on how to appeal or
NIRC (Id.). question the constitutionality or legality of tax
ordinances in a direct action.
Q: Are provinces barred from levying
amusement tax even if it is considered as a form 1. Appeal to Secretary of Justice within 30 days
of percentage tax? from effectivity of tax ordinance or revenue
A: No, although the LGC prohibits the levy by LGUs measure;
of percentage tax, Section 140 of the LGC expressly 2. The Secretary of Justice has 60 days from
allows provinces to impose amusement taxes on the receipt of appeal to decide but an appeal does
proprietors, lessees, or operators of theaters, not suspend the effectivity of the ordinance;
cinemas, concert halls, circuses, boxing stadia, and 3. Within 30 days from t
other places of amusement. (Pelizioy Realty decision or after 60 days of inaction, an appeal
Corporation v. Province of Benguet, 2013) may be filed with the RTC. (Sec 186, LGC)
Q: What are the requisites of a valid local tax Q: Is compliance with the 30-60-30 day period
ordinance? rule mandatory?
A: Formal test: A: Yes. In Reyes v. CA (December 10, 1999), the
1. Must be within the corporate powers of the Secretary of Justice dismissed an appeal assailing
LGU to enact; and the constitutionality of the tax ordinances of the
2. Must be passed according to the procedure Municipality of San Juan on the ground that it was
prescribed by law. filed out of time. The Supreme Court ruled that
Substantive test: compliance with the three separated periods is
1. Must not contravene the Constitution or any mandatory. The failure of the petitioners in the case
statute; to appeal to the Secretary within 30 days from the
2. Must not be unfair or oppressive; date of effectivity is fatal to their cause.
3. Must not be partial or discriminatory;
Q: Is payment under protest required before a
4. Must not prohibit, but may regulate trade;
party may appeal to the Secretary of Justice?
5. Must be general and consistent with public
A: No. As held in Jardine Davies Insurance v.
policy; and
Aliposa (G.R. No. 118900, February 27, 2003), prior
6. Must not be unreasonable. (City of
payment under protest is not required when the
Batangas v. Philippine Shell Petroleum
taxpayer is questioning the very authority and power
Corporation, G.R. No. 195003, 2017, J.
of the assessor to impose the assessment and of
Caguioa)
the treasurer to collect the tax (as opposed to
questioning the increase or decrease in the tax to be
Q: What must be complied with under the
paid). Note however that Section 187 of the LGC
provisions of the LGC for a valid local tax
ordinance?
Justice] shall not have the effect of suspending the
1. The procedure applicable to local
effectivity of the ordinance and the accrual and
government ordinances in general should
be observed. (Sec. 187, LGC)
This means that while non-payment under protest of
2. Public Hearing is required with quorum,
the tax is not fatal to the DOJ appeal, non-payment
voting and approval and/or veto
would subject the taxpayer to a deficiency
requirements complied with (Sec. 187,
assessment plus penalties.
LGC)
3. Publication of ordinance within 10 days Q: What authority is given to the Secretary of
from approval for 3 consecutive days in an Justice with respect to review of tax
newspaper of general circulation and/or ordinances?

A: The Secretary of Justice can declare an Examples of GIs are BSP, LLDA, Fisheries
ordinance void for not having followed the Development Authority, BCDA, Philippine Port
requirements of the law but he cannot replace it with Authority, Philippine National Railways, Manila
his own law or he cannot say that is unwise. In Drilon International Airport Authority, GSIS, PEZA.
v. Lim (G.R. No. 112497, August 4, 1994), then (Mactan Cebu International Airport v City of Lapu-
Lapu, 2015). However, by way of exception under
Secretary of Justice Drilon set aside the Manila
the so-
Revenue Code on two grounds, namely the owned by the government bec
inclusion of certain ultra vires provisions and its non- the beneficial use thereof has been granted, for
compliance with the prescribed procedure in its consideration or otherwise, to a taxable person
enactment. In ruling that the act of then Secretary (Sec. 234(a), LGC).
Drilon was proper, the Supreme Court noted that
when the Secretary alters or modifies or sets aside Q: Is the Philippine Reclamation Authority (PRA)
a tax ordinance, he is not allowed to substitute his a GOCC and, as such, liable for RPT?
own judgment for the judgment of the LGU that A: No. In Philippine Reclamation Authority v. City of
enacted the measure. In the said case, Secretary Paranaque (G.R. No. 191109, July 18, 2012), the
Drilon only exercised supervision and not control. Supreme Court ruled that PRA is not a GOCC. Much
like the MIAA, PPA, UP, PFDA, GSIS and BSP, it is
Q: What are the properties exempt from RPT? considered a government instrumentality exercising
A: [Go-WatCh-ECo] corporate powers but which are not considered
a. Real property owned by the Government or any GOCCs as they are neither a stock (for not having
of its political subdivisions (except when the authority to distribute dividends), not a non-stock
beneficial use has been granted to a taxable corporation (for not having members) corporation. In
person) addition, the Constitution likewise provides that a
b. Charitable institutions, churches, parsonages, GOCC is created under two conditions: (a)
or convents appurtenant thereto, mosques, established for a common good and (b) meets the
nonprofit or religious cemeteries and all lands, test of economic viability. While the first test is
buildings or improvements actually, directly, complied with, the PRA was undoubtedly not
and exclusively used for religious, charitable or created to engage in economic or commercial
educational purposes activities as it is the only entity engaged in
c. All machineries and equipment actually, directly reclamation which was described as essentially a
and exclusively used by local Water districts public service. Thus, PRA is not liable for RPT.
and GOCCs engaged in supply and distribution
of water and/or generation and transmission of Q: ABC Company owned two parcels of land in
electric power (Sec 234, LGC) Pasig City. Portions of the properties are leased
d. All real property owned by duly registered to different business establishments. Being part
Cooperatives of ill-gotten wealth of the Marcoses, the owner
e. Machinery and equipment used for Pollution of ABC voluntarily surrendered ABC Company
control and Environmental protection (includes to the Republic through the PCGG. Now, Pasig
infrastructure) City seeks to impose RPT on the properties of
ABC. Are the properties of ABC liable for RPT?
Q: Who is liable to pay for real property taxes? A: It depends. In Pasig City v. Republic (G.R. No.
A: In real estate taxation, the unpaid tax attaches to 185023, August 24, 2011), the Supreme Court held
the property and is chargeable against the taxable that the portions of the properties not leased to
person who had actual or beneficial use and taxable entities are exempt from RPT while the
possession of it regardless of whether or not he is portions leased to taxable entities are subject to
the owner. (National Grid Corporation of the RPT.
Philippines vs. Central Board of Assessment
Appeals (CTA EB No. 801, January 29, 2013)) Q: LLL is a government instrumentality created
by Executive Order to be primarily responsible
Q: Are government instrumentalities exempt for integrating and directing all reclamation
from real property tax? projects for the National Government. It was not
A: Yes. Government instrumentalities and their organized as a stock or a non-stock corporation,
properties actually, solely and exclusively used for nor was it intended to operate commercially and
public purposes, are not subject to real property tax. compete in the private market.

Invoking Section 193 of the Local Government

By virtue of its mandate, LLL reclaimed several Code (LGC) expressly withdrawing the tax
portions of the foreshore and offshore areas of exemption privileges of government-owned and
the Manila Bay, some of which were within the controlled corporations upon the effectivity of
territorial jurisdiction of Q City. Certificates of the Code in 1992, the City Government of Manila
title to the reclaimed properties in Q City were issued Final Notices of Real Estate Tax
issued in the name of LLL in 2008. In 2014, Q City Deficiency in the amount of P624,000,000.00 for
issued Warrants of Levy on said reclaimed the taxable years 2006 to 2010. On the other
properties of LLL based on the assessment for hand, PNR, seeking refuge under the principle
delinquent property taxes for the years 2010 to that the government cannot tax itself, insisted
2013. that the PNR lands and buildings are owned by
a. Are the reclaimed properties registered in the Republic.
the name of LLL subject to real property
tax? Is the PNR exempt from real property tax?
b. Will your answer be the same in (a) if from Explain your answer. (2016 Bar)
2010 to the present time, LLL is leasing
portions of the reclaimed properties for A: The PNR is exempt from real property tax. Case
the establishment and use of popular law has clarified that government instrumentalities
fastfood restaurants J Burgers, G Pizza, are exempt from RPT. The PNR is a government
and K Chicken? instrumentality, as it performs governmental or
public functions. It is therefore exempt from RPT.1
A:
a. No, the reclaimed properties are exempt from real Q: The Roman Catholic Church owns a 2-hectare
property tax because the reclaimed lands are lot in a town in Tarlac province. The southern
properties of public dominion. Furthermore, LLL is a side and middle part are occupied by the Church
government instrumentality which is exempt from and a convent, the eastern side by a school run
real property taxes under Section 234 of the LGC. by the Church itself, the southeastern side by
(Republic v. City of Paranaque, G.R. No. 191109, some commercial establishments, while the rest
2012, J. Mendoza) of the property, in particular the northwestern
side, is idle or unoccupied.
b. No. Under Section 234 of the LGC, real property
owned by the Republic of the Philippines or any of May the Church claim tax exemption on the
its political subdivisions are exempted from payment entire land? Decide with reasons. (2005 Bar)
of real property tax except when the beneficial use A: No, the parts of the lot which are not actually,
thereof has been granted, for consideration or directly, and exclusively used for the church are not
otherwise, to a taxable person. Since the beneficial exempt from real property tax. Thus, those leased
use of the reclaimed properties was leased out for out for commercial purposes are subject to real
the establishment and use of popular fastfood property tax. (Lung Center of the Philippines v
restaurants J Burgers, G Pizza, and K Chicken, Quezon City, GR No. 144104, June 29, 2004, J.
which are private commercial establishments, the Callejo) Exemption from real property taxes on the
reclaimed properties are subject to real property tax. basis of usage or actual, direct and exclusive use to
(Section 234(a) of the LGC, City of Pasig vs.
Republic of the Philippines, G.R. No. 185023, 2011, and improvements which are actually, directed and
J. Carpio) exclusively used for religious, charitable or
Mactan Cebu International
Q: Philippine National Railways (PNR) operates Airport Authority v. Marcos, G.R. No. 120082,
the rail transport of passengers and goods by September 11, 1996)
providing train stations and freight customer
facilities from Tutuban, Manila to the Bicol Q: Kilusang Krus, Inc. (KKI) is a non-stock, non-
Province. As the operator of the railroad transit, profit religious organization which owns a vast
PNR administers the land, improvements and tract of land in Kalinga.
equipment within its main station in Tutuban,
Manila. KKI has devoted 1 /2 of the land for various uses:
a church with a cemetery exclusive for deceased
1 IGNATIUS MICHAEL D. INGLES, TAX MADE LESS

TAXING: A REVIEWER WITH CODALS AND CASES 613
(3rd ed. 2021).

priests and nuns, a school providing K to 12 However, the equipment are deemed subject to
education, and a hospital which admits both RPT given that as an entity engaged in palm oil
paying and charity patients. The remaining 1/2 plantation and which harvests trees for oil
portion has remained idle. conversion through its milling plant, transportation is
an indispensable part of its operations. Thus, the
The KKI Board of Trustees decided to lease the
same is deemed to satisfy the requirement of items
remaining 1 /2 portion to a real estate developer
which constructed a community mall over the ed to
property. meet the needs of the particular industry, business
Since the rental income from the lease of the (Provincial

property was substantial, the KKI decided to use Assessor of Agusan del Sure v. Filipinas Palm Oil
the amount to finance (1) the medical expenses Plantation, Inc., G.R. No. 183416, October 05,
of the charity patients in the KKI Hospital and (2) 2016)
the purchase of books and other educational
materials for the students of KKI School. Q: Will the Real Property Tax Exemption given
to cooperatives apply even If the land owned by
Is KKI liable for real property taxes on the land?
(2018 Bar) the cooperative is leased to a taxable entity?
A: KKI is liable for real property tax on the portion A: Yes. The exemption is given without distinction
leased to a real estate developer and the portion of as the law does not specify whether the property
the hospital which admits paying patients. Under the owned by the cooperative is used by the cooperative
Constitution and the LGC, all lands, buildings, and or not. (Assessor of Agusan Del Sur v Filipinas Palm
improvements actually, directly, and exclusively Oil, 2016).
used for religious, charitable, or educational
purposes shall be exempt from taxation. In KKI's Q: A rented B's land for the operations of his gas
case, the leased portion to the real estate developer
station business. A installed certain machinery
and the portion of the hospital which admits paying
and equipment necessary to his business. He
patients are used for commercial purposes. Hence,
those portions will be subject to real property tax. was assessed by the City of Laguna for Real
The rest of the property Is devoted to the actual, Property Tax on the said improvements. A
exclusive, and direct use of either religious, contended that since he does not own the land,
educational, or charitable purposes, and is therefore the said improvements are not real property. Is
exempt.2 (Article VI, Section 28(3) of the 1987 A correct?
Constitution, Sec. 234 of the LGC) A: No. The said equipment and machineries are
necessary to the operation of the gas station, for
Q: X, a registered cooperative, owned and without them the gas station would be useless, and
leased agricultural land to Corp. Y, a corporation have been attached or fixed permanently to the gas
engaged in palm oil plantation, which also built station site or embedded therein. Thus, these are
roads on the same land. In Addition, Corp. Y was taxable improvements and machinery. (Caltex v
also using road equipment and mini haulers. Is Central Board of Assessment Appeals, 1982.)
RPT due on the land, roads, and equipment?
A: RPT is not due on the land and roads but RPT is Q: When are Idle Lands exempt from Tax?
due on the machineries. A: Idle lands may be exempt from tax by reason of
force majeure, civil disturbance, natural calamity, or
The LGC is clear that all real property owned by any cause or circumstance which physically or
registered cooperatives are exempt from RPT legally prevents the owner of the property or person
without distinction on its actual use. (Sec. 234(d), having legal interest therein from improving,
LGC) The roads built are also exempt from RPT utilizing, or cultivating the same. (Sec. 238, LGC)
since the same became permanent improvements
on the exempt lands by right of accession. --- end of topic ---
2
IGNATIUS MICHAEL D. INGLES, TAX MADE LESS
TAXING: A REVIEWER WITH CODALS AND CASES 613
(3rd ed. 2021).

They have ceased to be alienable public lands.

XIII. NATIONAL ECONOMY AND
Besides, when Congress enacted the IPRA or RA
PATRIMONY 8371 in 1997, it provided in Section 56 that "property
rights within the ancestral domains already existing
A. REGALIAN DOCTRINE and/or vested" upon its effectivity "shall be
recognized and respected." In this case, ownership
Q: What is imperium? over the subject lands had been vested in CMU as
A: Government authority possessed by the State early as 1958. Consequently, transferring the lands
which is appropriately embraced in sovereignty. in 2003 to the indigenous peoples around the area
is not in accord with the IPRA. (CMU v. Executive
Q: What is dominium? Secretary, G.R. 184869, 2010).
A: The capacity of the State to own and acquire
property. Q: What are the limitations on the disposition of
the State of alienable lands of the public
It refers to lands held by the government in a domain?
proprietary character. 1. Only agricultural lands of the public domain
may be alienated;
Q: What is the Regalian doctrine? (Jura Regalia) 2. Only Filipino citizens may acquire lands not
A: Universal feudal theory that all lands were held more than 12 hectares by purchase,
from the Crown. All lands not otherwise clearly homestead or grant or lease no more than
appearing to be privately owned are presumed to 500 hectares. Private corporations may
belong to the State. (Carino v. Insular Government. lease not more than 1,000 hectares for 25
GR No. 72, February 23, 1909) years renewable for another 25 years.
(CONST. Art.XII, Sec.3)
State Owned: (PWEFFOM) 3. The exploration, development and
1. Lands of the Public domain utilization (EDU) of all natural resources
2. Waters shall be under the full control and
3. Minerals, coals, petroleum, and other supervision of the State either by directly
mineral oils undertaking such EDU or through co-
4. All sources of potential Energy production, joint venture, or production
5. Fisheries sharing agreements with qualified
6. Forests or timber persons.
7. Wildlife 4. The use and enjoyment of the marine
8. Flora and fauna wealth of the archipelagic waters, territorial
9. Other natural resources (1987 Constitution, sea, and the EEZ shall be reserved for
arti. XII, sec. 2) Filipino citizens
5. Utilization of natural resources in rivers,
General Rule: All natural resources cannot be lakes, bays and lagoons may be allowed
alienated.
cooperatives with priority for subsistence
Exception: Agricultural lands fishermen and fish workers. (CONST.
Art.XII, Sec.2)
Q: What is a native title?
A: Refers to pre-conquest rights to lands and Q: What is the exception with respect to rule on
domains which, as far back as memory reaches, EDU?
have been held under a claim of private ownership A: For large-scale EDU of minerals, petroleum and
by indigenous cultural communities and indigenous other mineral oils, the President may enter into
people, have never been public lands and are thus agreements with foreign-owned corporations
indisputably presumed to have been held that way involving technical or financial assistance.
since before the Spanish conquest. (IPRA, sec.
3(l)). Q: What is the rule on the 25-year limitation?
A: All agreements with the qualified private sector
(i.e Filipino citizens or corporations or associations
property, to the indigenous peoples is at least 60% whose capital is owned by Filipino
unconstitutional. The lands by their character have citizens) may be for only a period not exceeding 25
become inalienable from the moment President years, renewable for another 25. Note that the 25-
Garcia year limit is not applicable to water rights for
and technological research in the field of agriculture.

irrigation, water supply, fisheries, or industrial uses Q: What is the coverage of large-scale
other than the development of power. exploration, development, and utilization of
minerals, petroleum, and other mineral oils?
B. EXPLORATION, DEVELOPMENT, AND 1. The President may enter into agreements
UTILIZATION OF NATURAL with foreign owned corporations involving
technical or financial assistance for large-
RESOURCES scale exploration, etc. of minerals,
petroleum, and other mineral oils. These
Q: What are the means by which the EDU can be agreements should be in accordance with
made? the general terms and conditions provided
1. The state may directly undertake such by law.
activities. 2. They should be based on the real
2. The state may enter into co-production, contributions to economic growth and
joint venture or production-sharing general welfare of the country.
arrangements with Filipino citizens or 3. In the agreements, the State should
corporations or associations at least 60% of promote the development and use of local
whose capital is owned by such citizens. scientific and technical resources.
4. The President should notify Congress of
Q: What are the limitations? every contract under this provision within
1. The EDU of natural resources shall be 30 days from its execution.
under the full control and supervision of the 5. Management and service contracts are not
State allowed under this rule.
2. Period: It should not exceed 25 years, Under the 1987 Constitution, the Philippine
renewable for not more than 25 years Government may still enter into service contracts,
but only for financial and technical agreements with
3. Under terms and conditions as may be respect to large scale development of minerals,
provided by law. petroleum, and other mineral resources.
Management powers may be given to a completely

4. In case of water rights, water supply, foreign corporation with whom the State enters a
fisheries, industrial uses other than the service contract. But, such power will only be to the
development of water power. extent necessary to carry out the technical and
financial agreement.
5. The beneficial use may be the measure and
limit of the grant. A foreign corporation may enter into financial and
technical assistance agreement with the
6. Under the 1987 Constitution, the state must government involving the management and
always be involved in the control and operation of a mining enterprise. Section 2, Article
supervision of the exploration, XII of the Constitution allows other forms of
development and utilization of inalienable assistance or activities having to do with technical or
natural resources, even if the person financial assistance and it will not prohibit the
engaged is Filipino. involvement of foreign corporations in the
management of mining ventures. The policy
7. EO 211 of President Aquino authorized the recognizes that foreign corporations who will invest
Secretary of Natural Resources to in mining will require that they be given a say in the
authorize such EDU agreements entered management to ensure its success. The
into under the 1987 Constitution. Constitutional Commission understood technical or
financial agreements as interchangeable with
Q: What covers small-scale utilization of natural service contracts. (La Bugal-
resources? Association, Inc. v. Ramos, G.R. 127882, 2004,
1. Congress may, by law, authorize small- affirmed in a MR in 2005).
scale utilization of natural resources by
Filipino citizens. Q: What are the safeguards?
2. Congress may also authorize cooperative A: The grant of such service contracts must be
fish farming with priority given to subject to the following safeguards:
subsistence fishermen and fish workers in 1. it must be in accordance with a general law
the rivers, lakes, bays and lagoons.

2. the President must be the signatory for the Q: What is the difference between a primary
government franchise and a secondary franchise?
3. the President must report the executed
Primary Secondary Franchise
agreement to Congress within 30 days. (La
Franchise
2004, affirmed in a MR in 2005). Invests a body of The privilege to operate as a
men with public utility after the
Q: What are the rules on protection of marine corporate corporation has already
wealth? existence come into being
1. The State shall protect its marine wealth in
its archipelagic waters, territorial sea and
EEZ.
2. The State shall reserve its use and
enjoyment exclusively to Filipino citizens. The Constitution does not prohibit the mere
3. License Agreement "a privilege granted formation of a public utility corporation without the
by the State to a person to utilize forest required formation of Filipino capital. What it does
resources within any forest land with the prohibit is the granting of a franchise or other form
right of possession and occupation thereof of authorization for the operation of a public utility to
to the exclusion of others, except the a corporation already in existence but without the
government, but with the corresponding requisite proportion of Filipino capital (People of the
obligation to develop, protect and Philippines v. Quasha, G.R. L-6055, 1953).
rehabilitate the same in accordance with
the terms and conditions set forth in said Q: What is the difference between an operation
agreement" (PD 705, sec. 3). and ownership of a public utility?
4. Private rights must yield when they come in
conflict with this public policy and common Operation Ownership
interest. They must give way to the police of a Public Utility of Public Utility
or regulatory power of the State, in this
case through the DENR, to ensure that the May exist Relation in law by virtue
terms and conditions of existing laws, rules independently and of which a thing
and regulations, and the IFMA itself are separately from the pertaining to one person
strictly and faithfully complied with. ownership of the is completely subjected
(Republic v. Pagadian City Timber, G.R. facilities. to his will in everything
159308, 2008). not prohibited by law or
One can own said the concurrence with the
C. FRANCHISES, AUTHORITY, AND facilities without rights of another.
CERTIFICATE FOR PUBLIC UTILITIES operating them as a
public utility, or The exercise of the
Q: Who may grant a legislative franchise? conversely, one may rights encompassed in
A: Congress may directly grant a legislative operate a public utility ownership is limited by
franchise. without owning the law so that a property
facilities used to serve cannot be operated and
The power to grant franchises may be delegated the public. used to serve the public
to appropriate regulatory agencies and/ or LGUs. as a public utility unless
the operator has a
Q: What must the undertaking of a public utility franchise.
should be?
A: The undertaking must involve dealing directly
with the public.
Is a Build-Operate-Transfer grantee a public
utility?
A: A Build-Operate-Transfer grantee is NOT a
public utility. The grantee merely constructs the
utility, and it leases the same to the government. It
is the government which operates the public utility
(operation separate from ownership).

To Whom should a franchise be granted? MNTC in case it defaults in its loans. While the TRB
Filipino citizens or is vested by law with the power to extend the
Corporations or associations incorporated administrative franchise or authority that it granted,
in the Philippines and at least 60% of the it cannot do so for an accumulated period
capital is owned by Filipino citizens exceeding 50 years. Otherwise, it would violate the
proscription under Article XII, Section 11 of the 1987
Constitution, which provides that no public utility
Q: Can a foreigner own assets of a public utility franchise shall be for a longer period than 50 years.
corporation? (Francisco v. Toll Regulatory Board, G.R. 166910,
A: A foreigner or foreign company may own assets 2010).
of a public utility corporation. What is not allowed is
the grant of the franchise to non-citizens of the
Q: If a corporation is appointed by the State as
Philippines.
an exclusive party to conduct operations, does
the corporation become an agent?
Q: What are the rules on public utilities?
A: While the Republic of the Philippines appointed
1. Refers to a utility corporation which renders petitioner as the exclusive party to conduct
service to the general public for petroleum operations in the Camago-Malampaya
compensation ll control and supervision, it
2. Franchise, certificate or any other form of does not follow that petitioner has become the
authorization for the operation of a public
utility may be issued or granted only to
Filipino citizens or entities with 60% capital acts that would create, modify or extinguish relations
owned by such citizens. Thus, foreign between his principal and third persons. It is this
corporations and foreigners MAY own the
facilities. (Tatad v. Garcia, GR No 114222, with third persons that differentiates the agent from
April 6, 1995) a service contractor. (Shell Philippines Exploration
B. V. v. Efren Jalos, et al., G.R. 179918, 2010).
Q: What are the terms and conditions?
1. Duration: not more than 50 years. Q: Is PAGCOR exempt from corporate income
2. Franchise is NOT exclusive in character. tax?
3. Franchise is granted under the condition that it A: PAGCOR is no longer exempt from corporate
is subject to amendment, alteration, or repeal by income tax. Under Section 11, Article XII of the
Congress when the common good so requires. Constitution, PAGCOR's franchise is subject to
amendment, alteration or repeal by Congress. A
Q: What are the rules on participation of Foreign franchise partakes the nature of a grant, which is
Investors? beyond the purview of the non-impairment clause of
1. Shall be limited to their proportionate share in the Constitution. Also, Article XII, Section 11, of the
its capital. 1987 Constitution, is explicit that no franchise for the
2. Foreigners cannot be appointed as the operation of a public utility shall be granted except
executive and managing officers because these under the condition that such privilege shall be
positions are reserved for Filipino citizens (1987 subject to amendment, alteration or repeal by
Constitution, art. XII, sec. 11). Congress as and when the common good so
requires (PAGCOR v. BIR, G.R. 172087, 2011).
Q: Can administrative agencies grant
franchises? Q: What is the rule on capital of covered
corporations?
A: Administrative agencies may be empowered by
the Legislature by means of a law to grant A: Franchises can be granted to companies whose
franchises or similar authorizations. In this case, the capital is at least 60% Filipino-owned. However,
Court ruled that the Toll Regulatory Board (TRB) is
empowered to grant a franchise for toll road voting shares. Hence, in the computation for
projects. PD 1112 provided further that the TRB has
the power to amend or modify a Toll Operation not preferred shares. (Gamboa, et al. v. Finance
Certificate that it issued when public interest so Secretary, G.R. 176579, 2011).
requires. Accordingly, there is nothing infirm, much
less questionable, about the provision in the MNTC SEC Memorandum Circular No. 8, s. 2013, was
(Manila North Tollways Corp.) Supplemental Toll issued and provides that: all covered corporations
Operation Agreement allowing the substitution of shall, at all times, observe the constitutional or

required percentage of Filipino ownership shall be

applied to BOTH (a) the total number of outstanding Reclassification:
shares of stock entitled to vote in the election of 1. Public (mineral and agricultural) lands -
directors; AND (b) the total number of outstanding exclusive prerogative of the executive
shares of stock, whether or not entitled to vote in the department. But this is only a delegated power.
(Roy III v. Herbosa, G.R. No. 2. Forest and national parks - Congress has the
204276, 2016) sole power to reclassify.
Q: What are the rules on the exercise of police Classification is descriptive of the legal nature of the
power by the State on public utilities? land and NOT what it looks like. Thus, the fact that
1. When public interest requires, under forest land is denuded does not mean it is no longer
reasonable terms, the State may forest land (Secretary of DENR v. Yap, G.R.
temporarily take over the operation of any 167707, 2008).
privately owned public utility or those with
public interest (1987 Constitution, art. XII, Only the President, upon recommendation of the
sec. 17). DENR secretary, may now classify lands of public
2. The nature and extent of the emergency is domain. This prerogative has been delegated to it
the measure of the duration and the terms by Congress under CA 141. (Director of lands v.
of the takeover. Court of Appeals, G.R. 58867, 1984).
3. Just compensation is not required.
4. This power is activated only when Classification should be categorical; a land cannot
Congress declares a state of national have a mixed classification. For example: an owner
emergency. of an agricultural land in which minerals are
5. 'Businesses affected with public interest' discovered has no right to utilize such minerals. The
includes businesses which are quite similar State may discontinue his/her ownership after just
public utilities, such as those having mass- compensation in order to extract such minerals.
based consumers. (Republic v. Court of Appeals, G.R. L-43938, 1988).
Q: What is expropriation? Reclassification from forest reserves into non-forest

A: The State may, upon payment of just reserves now exclusively a DENR prerogative.
compensation, transfer to public ownership utilities There is no need to wait for Congressional
and private enterprises to be operated by the concurrence. (Apex Mining v. Southeast Mindanao
government, in the interest of national welfare or Gold, G.R. 152613/152628, 2009).
defense. (1987 Constitution, art. XII, sec. 18).
Q: What are the means by which land of public
D. ACQUISITION, OWNERSHIP, AND dominion becomes private land:
TRANFER OF PUBLIC AND PRIVATE 1. Acquired from the Government by purchase or
LANDS grant.
2. Uninterrupted possession by the occupant and
his predecessors-in-interest since time
Q: What are the classes of public domain? immemorial.
(MAN-F) 3. Open, exclusive, and undisputed possession of
1. Agricultural ALIENABLE (agricultural) public land for a
2. Forest or timber period of 30 years.
3. Mineral lands 1. Upon completion of the requisite
4. National Parks (1987 Constitution, art. XII, sec. period, the land becomes private
3). property ipso jure without need of
any judicial or other sanction.
Q: What are the rules on reclassification or 2. Possession since time immemorial
conversion of Lands leads to the presumption that the
A: Reclassification or conversion of lands require land was never part of public
the positive act of government, mere issuance of domain.
title is not enough. An affirmative act from the 3. In computing 30 years, start from
executive or legislative is necessary to reclassify when the land was converted to
property of public dominion. (Laurel v. Garcia, GR alienable land, not when it was still
No. 92013, July 25, 1990) forest land

4. Presumption is always that land Q: Can Filipino citizens own alienable lands of
belongs to the State. public domain?
1. Can lease up to 500 hectares
Q: What is the agency authorized to administer 2. Can ACQUIRE not more than 12 hectares by
and dispose reclaimed lands? purchase, homestead or grant
A: -
to administer and dispose of reclaimed lands. The E. PRACTICE OF PROFESSIONS
moment titles over reclaimed lands based on the
special patents are transferred to the NHA by the
Q: Can foreigners practice profession in the
Register of Deeds, they are automatically converted
Philippines?
to patrimonial properties of the State which can be
A: The practice of all profession in the Philippines
sold to Filipino citizens and private corporations,
60% of which are owned by Filipinos. (Chavez v. shall be limited to Filipino citizens save in cases
NHA, G.R. 164527, 2007). prescribed by law. (1987 Constitution, art. XII, sec.
14).
Reclaimed foreshore and submerged lands are
lands of public domain, and can only be alienated as
F. ORGANIZATION AND REGULATION OF
private property if it is classified by competent
authority as alienable. (Republic v. Enciso, G.R. CORPORATIONS, PRIVATE AND
160145, 2005). PUBLIC
Perfected mining claims under the Old Mining Law Q: Can Congress create a private corporation
do not entitle claimant to private ownership (Director through a special charter?
of Lands v. Kalahi Investments Inc., G.R. 48066, A: Congress can only provide for the formation of
1989). private corporations through a GENERAL
corporation law.
Q: What are the rules on protection of
Indigenous Cultural Communities:
1. The State protects the rights of indigenous charter?
cultural communities to their ancestral land A:
subject to: CHARTERS or a GENERAL corporation law. (1987
1. Constitutional provisions Constitution, art. XII, sec. 16).
2. Subject to national development
policies and programs G. MONOPOLIES, RESTRAINT OF TRADE,
2. In determining ownership and extent of AND UNFAIR COMPETITION
ancestral domain, Congress may use
customary laws on property rights and relations. What are the rules on monopolies, restraint of
trade, and unfair competition?
Q: What is an ancestral domain? 1. The Constitution does NOT prohibit the
A: It refers to lands which are considered as existence of monopolies.
pertaining to a cultural region. This includes lands 2. The State may either regulate or prohibit
not yet occupied, such as deep forests. monopolies, when public interest so requires.
3. What are prohibited are combinations in
Q: Can private corporations own alienable lands restraint of trade and unfair competition. (1987
of public domain? Constitution, art. XII, sec. 19)
1. They can only hold alienable lands of the Restrictions upon trade may be upheld when
public domain BY LEASE. not contrary to public welfare and not greater
2. Period: Cannot exceed 25 years, than is necessary to afford a fair and reasonable
renewable for not more than 25 years protection to the party in whose favor it is
3. Area: Lease cannot exceed 1,000 imposed
hectares. Even contracts which prohibit an employee from
engaging in business in competition with the
Note: A corporation sole is treated like other private employer are not necessarily void for being in
corporations for the purpose of acquiring public restraint of trade. In sum, contracts requiring
lands. exclusivity are not per se void. Each contract
must be viewed vis-à-vis all the circumstances
surrounding such agreement in deciding

whether a restrictive practice should be

prohibited as imposing an unreasonable
restraint on competition (Avon v. Luna, G.R.
No. 153674, 2006).

XIV. SOCIAL JUSTICE AND HUMAN

Land Reform and Housing?
RIGHTS A: The State shall, by law, and for the common
good, undertake, in cooperation with the public
A. CONCEPT OF SOCIAL JUSTICE sector, a continuing program of urban land reform
and housing which will make available at affordable
Q: What is Social Justice? cost decent housing and basic services to
A: Embodiment of the principle that those who have underprivileged and homeless citizens in urban
less in life should have more in law. centers and resettlements areas. It shall also
promote adequate employment opportunities to
Social Justice is neither communism nor despotism, such citizens. In the implementation of such
nor atomism, nor anarchy, but the humanization of program the State shall respect the rights of small
laws and the equalization of social and economic property owners (Art. XIII, Sec. 9, Phil Const.)
forces by the State so that justice in its rational and
objectively secular conception may at least be Urban or rural poor dwellers shall not be evicted nor
approximated (Calalang v. Williams, G.R. 47800, their dwellings demolished, except in accordance
1940). with law and in a just and humane manner.
Q: What are the principal activities to promote No resettlement of urban or rural dwellers shall be
Social Justice? undertaken without adequate consultation with them
1. Creation of more economic opportunities and and the communities where they are to be relocated.
more wealth (Art. XIII, Sec. 10, Phil Const.)
2. Closer regulation of the acquisition, ownership,
use and disposition of property in order to
achieve a more equitable distribution of wealth Health?
and political power. A: The State shall adopt an integrated and
3. Creation of economic opportunities based on comprehensive approach to health development
freedom of initiative and self-reliance. which shall endeavor to make essential goods,
health and other social services available to all the
Q. May a law be passed prohibiting selected people at affordable cost. There shall be priority for
sectors of labor from organizing unions? the needs of the underprivileged sick, elderly,
A. No. The right to organize is given to all kinds of disabled, women, and children. The State shall
workers both in the private and in the public sector. endeavor to provide free medical care to paupers.
(Bernas, The 1987 Philippine Constitution: A (Art. XIII, Sec. 11, Phil Const.)
Comprehensive Reviewer, 2011)
Q. May a law be passed prohibiting selected Women?

sectors of labor from resorting to strikes? A: The State shall protect working women by
A. Yes. The second paragraph of Section 3 providing safe and healthful working conditions,
specifically singles out the right to strike as subject taking into account their maternal functions, and
to limitation by law. (Bernas, The 1987 Philippine such facilities and opportunities that will enhance
Constitution: A Comprehensive Reviewer, 2011) their welfare and enable them to realize their full
potential in the service of the nation (Art. XIII, Sec.
Q: What is the scope of Agrarian Reform? 14, Phil Const.)
A: Extends not only to private agricultural lands, but
B. ECONOMIC, SOCIAL, CULTURAL

RIGHTS
Agricultural land held by the church in trust may be
Q: What are covered by these rights?
subject to land reform. The land reform law does
A: Economic, social and cultural rights include the
not make a distinction between the various forms of
rights to adequate food, to adequate housing, to
ownership, whether in trust or absolute title.
education, to health, to social security, to take part
in cultural life, to water and sanitation, and to work.
Urban or rural poor dwellers cannot be evicted,
(United Nations Human Rights, Office of the High
except according to law.
Commissioner)

FAMILY documents or other evidence is necessary or

convenient to determine the truth in any CHR
Q: What is the Constitutional Mandate for the investigation.
Filipino family? 10. Request assistance from any department,
A: The State recognizes the Filipino family as the bureau, office, or agency in the performance of
foundation of the nation. Accordingly, it shall its functions.
strengthen its solidarity and actively promote its total 11. Appoint its officers and employers in
development (CONST. Art. XV, Sec.1) accordance with law.
Q: What are the rights of the family? --- end of topic ---
A: The State shall defend
1. The right of spouses to found a family in
accordance with their religious convictions and
the demands of responsible parenthood;
2. The right of children to assistance, including
proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to
their development;
3. The right of the family to a family living wage
and income; and
4. The right of families or family associations to
participate in the planning and implementation
of policies and programs that affect them.
(CONST. Art. XV, Sec. 3)
C. COMMISSION ON HUMAN RIGHTS
Q: What are the powers of the CHR?

Powers: (IAC-PE2RM-IRAO)
1. Investigate all forms of human rights violations
involving civil or political rights, and
recommend.
2. Adopt operational guidelines and rules of
procedure.
3. Cite for Contempt for violations of its rules, in
accordance with the Rules of Court.
4. Provide appropriate legal measures for the
protection of the human rights of all persons,
within the Philippines, as well as Filipinos
residing abroad, and provide for preventive
measures and legal aid services to the
underprivileged whose human rights have been
violated or need protection.
5. Exercise visitorial powers over jails, prisons and
other detention facilities.
6. Establish continuing programs for research,
education and information in order to enhance
respect for the primacy of human rights.
7. Recommend to congress effective measures to
promote human rights and to provide
compensation to victims of human rights
violations or their families.
8. Monitor compliance by the government with
international treaty obligations on human rights.
9. Grant Immunity from prosecution to any person
whose testimony or whose possession of

the question of whether to call a

XV. AMENDMENTS OR REVISIONS OF
ConCon or not (PHIL. CONST. art. XVII,
THE CONSTITUTION §3)
c.
Q: Differentiate Amendments from Revisions: Requirements:
Amendment Revision 1. Petition must be signed be at least 12%
of ALL REGISTERED VOTERS.
Change in the Constitution 2. Every legislative district represented by
at least 3% of the registered voters
Purpose is to Purpose is to therein.
improve specific parts examine entirety
Limitations:
Affects only the specific Affects several 1. No amendment in this manner within
provision amended provisions 5yrs from ratification of 1987
Constitution;
Affects 2. No amendment in this manner more
Adds, reduces, deletes basic principles often than once every 5yrs thereafter.
WITHOUT 3. Applies only to Amendments, NOT
altering basic principle Affects revisions. (PHIL. CONST. art. XVII, §2)
substantial entirety
II.RATIFICATION
Ex: shift from
Ex: extending the term Proposed amendment becomes part of the
presidential to
limit of members of Constitution when ratified by a MAJORITY of votes
parliamentary system;
House of cast in a plebiscite held not earlier than 60 days nor
altering the principle of
Representatives; later than 90days AFTER approval of the proposal
separation of powers
reduction of voting age by Congress, or the Constitutional Convention, or
or the system of
from 18 to 15 years after certification by COMELEC of the sufficiency of
checks-and-balances
the petition under Sec.2, Art. XVII. (PHIL. CONST. art.
XVII, §4)

Q: How to determine whether change is an
Amendment or a Revision:
A: Two-Part Test in Lambino v. COMELEC, GR No.
174153, Oct. 25, 2006:
First: Quantitative test Whether the change is
without considering the degree of change

Second: Qualitative Test Whether the change
will affect the nature of the basic governmental
plan
Q: What are the steps in the Amendatory

Process?
A: I. PROPOSAL
a. Congressional Assembly (ConAss) - by a vote of

¾ of ALL its members (3/4 Senate and 3/4 HOR)
(PHIL. CONST. art. XVII, §2)
b. Constitutional Convention (ConCon)

How called:
1. Congress may call a ConCon by a 2/3
vote of all its members
2. By a majority vote of all its members,
Congress may submit to the electorate

(2) what may be taught,

XVI. EDUCATION, SCIENCE,
(3) how it shall be taught, and
TECHNOLOGY, ARTS, CULTURE AND (4) who may be admitted to study.
SPORTS (Miriam College v. Court of Appeals, 401 Phil 431
(2000)
A. ACADEMIC FREEDOM
Q: Can the exercise of freedom of assembly on
Q: What is Academic Freedom? the part of students of XYZ School be a basis for
A: From the standpoint of the institution: to provide barring them from enrollment?
that atmosphere which is most conducive to A: NO. The academic freedom enjoyed by
speculation, experimentation, and creation. The four "institutions of higher learning" includes the right to
essential freedoms of a university are: set academic standards to determine under what
A. Who may teach circumstances failing grades suffice for the
B. What may be taught expulsion of students. Once it has done so,
C. How it shall teach however, that standard should be followed
D. Who may be admitted to study [Garcia v. meticulously. It cannot be utilized to discriminate
Faculty Admission Committee, 68 SCRA against those students who exercise their
277 (1975) citing J. Frankfurter, concurring constitutional rights to peaceable assembly and free
in Sweezy v. New Hampshire, 354 US 232 speech. If it does so, then there is a legitimate
(1937)] grievance by the students thus prejudiced, their right
to the equal protection clause being disregarded.
Q: What is the right to discipline students? (Villar vs. Technological Institute of the Philippines,
A: The right to discipline the student likewise finds G.R. No. L-69198, (1985)
basis in the freedom "what to teach." Indeed, while
it is categorically stated under the Education Act of Q: X was barred from enrolling for failing to
1982 that students have a right "to freely choose meet the standards and qualifications set by
their field of study, subject to existing curricula and the school. X filed a petition for mandamus to
to continue their course therein up to graduation," compel the school to re-admit her. Will this
such right is subject to the established academic petition prosper?
and disciplinary standards laid down by the A: NO. To grant such relief would be doing violence
academic institution. [DLSU Inc., v. CA, G.R. No. to the academic freedom enjoyed by the respondent
127980, December 19, 2007] school enshrined under the Constitution.
Q: What are the requisites of due process for (Tangonan vs. Hon. Judge Paño, G.R. No. L-45157,
students before they are disciplined by the (1985)
school?
1. Must be informed in writing of the nature and B. CONSTITUTIONAL TAX EXEMPTIONS
cause of the accusation against him; FOR CERTAIN EDUCATIONAL
2. Right to answer charges against him, with the INSTITUTIONS
assistance of counsel, if desired;
3. Informed of the evidence against him; Q: What is the tax consequence if a university
4. Right to adduce evidence in his behalf; and leases a portion of its school building to a
5. Evidence must be duly considered by the bookstore or cafeteria that caters only to
investigating committee or official designated university students, faculty and staff?
by the school to hear and decide the case A: The leased portion of the building may be subject
(Ateneo de Manila University v. Capulong, GR to real property tax as it is not actually, directly, and
No. 99327, May 27, 1993) exclusively used for educational purposes.
However, if the revenue from the lease is used
actually, directly and exclusively for educational
purposes, then such revenues are exempt from
A: Academic freedom includes the right of the taxes and duties.
school or college to decide for itself, its aims and (CIR vs. DLSU, G.R. No. 196596, 2016)
objectives, and how best to attain them free from
outside coercion or interference save possibly when
the overriding public welfare calls for some restraint.
it encompasses the freedom to determine for itself
on academic grounds:
(1) who may teach,

Q: What is the difference between taxing the

revenues and assets of non-stock, non-profit
educational institutions vs. proprietary
educational institutions?
A: All revenues and assets of non-stock, non-profit
educational institutions used actually, directly, and
exclusively for educational purposes shall be
exempt from taxes and duties.
Proprietary educational institutions, including those

cooperatively owned, may likewise be entitled to
such exemptions subject to the limitations provided
by law. (PHIL. CONST. Art. XIV Sec 4(3))

XVII. PUBLIC INTERNATIONAL LAW Q: Distinguish between Equity and Ex Aequo

et Bono.
A. DEFINITION OF TERMS AND a. Equity when accepted, is an instrument
CONCEPTS whereby conventional or customary law may be
supplemented or modified in order to achieve
justice. Procedurally, it means a mandate given
Q: What is Public International Law? to a judge to exercise discretion in order to
a. Traditional Definition: International law is a body achieve a determination that is more equitable
of rules and principles of action which are and fair.
binding upon civilized states in their relations to b. Ex Aequo Et Bono pertains to the power of the
one another. (Bernas, Public International Law, International Court of Justice to decide a case
2009) equitably outside the rules of law at the instance
b. Modern Definition: International law as the law of the parties to the case.
which deals with the conduct of states and of
international organizations and with their The power to apply principles of equity in no way
relations inter se , as well as some of their restricts the power of the ICJ to decide cases based
on Ex Aequo et Bono should the parties so agree
relations with persons, whether natural or
that the controversy is to be decided on the said
juridical. (Restatement (Third) of Foreign principle.
Relations Law of the Unites States)
B. RELATIONSHIP BETWEEN
Q: What is Private International Law? INTERNATIONAL LAW AND NATIONAL
A: Private International Law is domestic law which LAW
deals with cases where foreign law intrudes in the
domestic sphere where there are questions of the Q: What happens when there is a conflict
applicability of foreign law or the role of foreign between International law and Domestic law?
courts. (Bernas, Public International Law, 2009) A: It depends on whether the case goes to a
domestic court or to an international tribunal.
Q: What are obligations erga omnes?
International Rule It is an established principle
A: Obligations owed by states towards the
that, before an international tribunal, a state may not
community of states as a whole as compared to
plead its own law as an excuse for failure to comply
those arising vis-à-vis another state in the field of
with international law. A state which has contracted
diplomatic protection. In view of the importance of
valid international obligations is bound to make in its
the rights involved, all states can be held to have a
legislation such modifications as may be necessary
legal interest in their protection.
to ensure the fulfillment of the obligations
undertaken. (Deutsche Bank AG Manila v.
Q: What is Jus Cogens?
Commissioner of Internal Revenue, G.R. No.
A: Jus cogens, or peremptory norm of international
188550, Aug. 19, 2013 citing Tanada v. Angara, 388
Phil. 546, 592 (1997)).
international community of States as a whole as a
norm from which no derogation is permitted and
Municipal Rule When it comes before a domestic
which can be modified only by a subsequent norm
court, domestic courts are bound to apply the local
of general international law having the same
law.
character.
Treaty v. Constitution when the
Elements of Jus Cogens constitutional violation is manifest and
1. A norm accepted and recognized by concerns a rule of internal law of fundamental
2. The international community of states as a importance, state may deviate from treaty
whole obligation
3. No derogation is permitted
Treaty v. domestic legislation when the two
4. Which can only be modified by a subsequent instruments relate to the same subject, try to
norm having the same character. (Vienna give effect to both; if inconsistent, the later in
Convention on Treaties, art. 53) date will control, provided that the treaty
stipulation is self executing. But this rule only
applies in the domestic sphere. A treaty, even

if contrary to a later statute, is binding in necessitates or opinion juris for short. What
international law. (Bernas, Public International does this maxim mean?
Law, 2009) A: It means that as an element in the formation of
customary norm in international law, it is required
Q: Did EDCA violate the Constitutional provision that states in their conduct amounting to general
on Senate concurrence on treaties? practice, must act out a sense of legal duty and not
A: No. EDCA is not a treaty; Senate concurrence is only by the motivation of courtesy, convenience or
not required. EDCA remained within the parameters tradition.
set by the two treaties (the MDT and the VFA). Mere
adjustments in detail to implement the MDT and the Not only must acts amount to a settled practice, but
VFA can be in the form of executive agreements. they must also be such or be carried out in such a
way, as to be evidence of a belief that this practice
be specified and identified in further agreements. is rendered obligatory by the existence of a rule of
EDCA is an example of such agreement. The law requiring it (International Court of Justice in the
North Sea Continental Shelf Cases, cited in Mijares
executive agreement is in view of the vast v. Ranada, G.R. No. 139325, 2005)
constitutional powers and prerogatives granted to
him in the field of foreign affairs. (Saguisag v. D. SUBJECTS
Executive Secretary, G.R. Nos. 212426/212444,
2016) 1. States
2. International Organizations
C. SOURCES OF INTERNATIONAL LAW 3. Individuals
Q: What are the sources of international law? Q: What are States?
1. Treaties or International Conventions A: State, as a subject of international law, has
2. Custom or Customary international law international personality which means that it has the
3. General principles of law recognized by civilized right to have its claims respected internationally. A
nations State has absolute personality.
4. As subsidiary means of determining
International law: Q: What are international organizations?
(a) Judicial decisions A: International organizations are created by
(b) Teachings of the most highly qualified sovereign States and whose functioning are
writers and publicists regulated by international law, not the law of any
(ICJ Statute, art. 38(1)) given country. They have functional personality
which is limited to what is necessary to carry out
Q: What is a treaty? their functions as found in the instruments of the
A: An international agreement concluded between organization.
States in written form and governed by international
law, whether embodied in a single instrument or in Q: What is the personality of individuals?
two or more related instruments and whatever its A: Under modern international law, an individual has
particular designation (Vienna Convention on the limited personality. The question whether the
Law of Treaties, art. 2). Philippine government should espouse claims of its
nationals against a foreign government is a foreign
Q: What is a custom under international law? relations matter, the authority for which is
It is an evidence of a general practice accepted as demonstrably committed by our Constitution not to
law. the courts but to the political branches. In the
Comfort Women Case, the Executive Department
ELEMENTS: has decided that it is to the best interest of the
1. Duration of practice country to waive all claims of its nationals for
2. Uniformity, consistency of practice reparations against Japan in the Treaty of Peace of
3. Generality (majority of specially affected 1951. The wisdom of such decision is not for the
States) courts to question; thus, said determination by the
4. Opinion juris (objective and subjective) Executive Department cannot be questioned
through a petition for certiorari. (Vinuya v. Romulo
Q: The legal yardstick in determining whether G.R. No. 162230, April 28, 2010).
usage has become customary international law
opinion jurissve

Q: Is there a right to unilateral secession or Q: What is Territoriality Principle?

external self-determination under International A: The fundamental source of jurisdiction is
Law? sovereignty over territory. A State has absolute, but
1. General Rule: The people's right to not necessarily exclusive, power to prescribe,
self-determination should not be understood as adjudicate and enforce rules for conduct that occurs
extending to a unilateral right of secession. within its territory. (Bernas, Public International Law,
2. Exception: International law, at best, only 2009)
recognizes the right to external self-
determination in situations of (1) former colonies; Q: What is Nationality Principle?
(2) where a people is oppressed, as for example A: Every state has jurisdiction over its nationals
under foreign military occupation; or (3) where a even when those nationals are outside the state.
definable group is denied meaningful access to (Bernas, Public International Law, 2009)
government to pursue their political, economic,
social and cultural development (North Cotabato Q: What is the Protective Principle?
v. GRP citing In reference to the Secession of A: A State may exercise jurisdiction over conduct
Quebec, G.R. No. 183591, 2008). outside its territory that threatens its security, as
long as that conduct is generally recognized as
criminal by states in the international community.
E. REQUISITES OF STATEHOOD
(Bernas, citing Restatement (402)[3])
Q: What are the elements of a State? Q: What is the Universality Principle?
1. Government the physical manifestation of a A: Recognizes that certain offenses are so heinous
state. Government must be organized, and so widely condemned that any State, if it
exercising control over and capable of captures the offender, may prosecute and punish
maintaining law and order within its territory. that person on behalf of the international
2. Sovereignty the capacity to enter into community, regardless of the nationality of the
relations with other States. offender or victim or where the crime was
3. Permanent Population The population does committed. (Bernas, citing Bassiouini).
not have to be homogeneous racially,
ethnically, tribally, religiously, linguistically, or Q: What is the Passive Personality Principle?
otherwise. But it must be a settled population, A: A State may apply law particularly criminal law
although the presence of certain nomadic to an act committed outside its territory by a
inhabitants does not matter. person not its national where the victim of the act
4. Defined Territory State territory is that defined was its national.
portion of the surface of the globe which is
subjected to the sovereignty of the State. Q: When is there a conflict of jurisdiction?
(OPPENHEIM) A state must exercise control A: Since there are various accepted principles for
over certain area. It need not be exactly defined assuming jurisdiction, more than one State may
by metes and bounds, so long as there exists a have a valid claim to jurisdiction. (Bernas, Public
reasonable certainty of identifying it. No International Law, 2009).
minimum land area is required. (Montevideo
Convention, art. 1). Q: What are the modes to resolve the conflict?
a. Was there an actual or intended effect on the
F. JURISDICTION OF STATES State acquiring jurisdiction?
b. Is the effect sufficiently large to present a
1. Territoriality Principle cognizable injury?
2. Nationality Principle And Statelessness c. Are the interest and link to the State sufficiently
3. Protective Principle strong, vis-à-vis those of other nations, to
4. Universality Principle justify an assertion of extraordinary authority?
5. Passive Personality Principle If the answer is yes to all, then the court will assume
6. State Immunity From Suit jurisdiction. (Timberlane Lumber Co. v. Bank of
7. Act Of State Doctrine America, 549 F2d 597, 1976).
8. Diplomatic Immunity
9. International Organizations And Its Q: What is State Immunity from Suit?
Officers A: It refers to a principle by which a state, its agents,
and property are immune from the jurisdiction of
another state (MAGALLONA).

This principle is premised on the juridical equality of 1. International institutions should have a status
states, according to which a state may not impose which protects them against control or interference
its authority or extend its jurisdiction to another state by any one government in the performance of
without the consent of the latter through a waiver of functions for the effective discharge of which they
immunity. are responsible to democratically constituted
international bodies in which all the nations
Thus, domestic courts must decline to hear cases concerned are represented;
against foreign sovereigns out of deference to their 2. No country should derive any national financial
role as sovereigns. advantage by levying fiscal charges on common
international funds; and
Q: What is the act of state doctrine? 3. The international organization should, as a
A: Courts of one country will not sit in judgment on collectivity of States members, be accorded the
the acts of the government of another in due facilities for the conduct of its official business
deference to the independence of sovereignty of customarily extended to each other by its individual
every sovereign State (PCGG v.Sandiganbayan, member States. (International Catholic Immigration
G.R. No. 124772, August 14, 2007). Commission v. Calleja, G.R. No. 85750, September
28, 1990)
The Act of State doctrine is one of the methods by
which States prevent their national courts from G. GENERAL PRINCIPLES OF TREATY
deciding disputes which relate to the internal affairs LAW
of another State, the other two being immunity and
non-justiciability. It is an avoidance technique that is Q: May a treaty violate international law? If your
directly related to a obligation to respect the answer is in the affirmative, explain when such
independence and equality of other States by not may happen. If your answer is in the negative,
requiring them to submit to adjudication in a national explain why.
court or to settlement of their disputes without their A: Yes, a treaty may violate international law if it
consent. It requires the forum court to exercise conflicts with a peremptory norm or jus cogens of
restraint in the adjudication of disputes relating to international law. A treaty is void, if at the time of its
legislative or other governmental acts which a conclusion, it conflicts with jus cogens norm. If a
foreign State has performed within its territorial new peremptory norm of general international law
limits. (PCGG v.Sandiganbayan, G.R. No. 124772, emerges, any existing treaty which is in conflict with
August 14, 2007). that norm becomes void and is terminated (Vienna
Convention on the Law on Treaties, art. 53.).
Q: What is Diplomatic Immunity?
A: Diplomatic immunity essentially differs from State Q: Differentiate pacta sunt servanda and rebus
immunity in that the modern law on diplomatic sic stantibus.
immunity is contained in the 1961 Vienna A: Pacta sunt servanda means every treaty is
Convention on Diplomatic Relations Consequently, binding upon the parties to it and must be performed
the rules on diplomatic immunity work much more by them in good faith. (Vienna Convention on the
smoothly and uniformly than, say, the on Law of Treaties, art. 26) A state can avoid
State immunity. Diplomatic relations are established performance if the treaty collides with its
by mutual consent between the two States Constitution, but it cannot escape liability that it may
concerned. However, they may be broken off incur as a result of such non-performance.
unilaterally (often as a mark of disapproval of an
illegal or unfriendly act by the other State); when Rebus sic stantibus means a fundamental change
State A breaks off diplomatic relations with State B, of circumstances is not a ground for a treaty to be
it not only withdraws its own diplomatic mission from suspended or terminated. Except when:
State B, but also requires State B to withdraw its 1. The circumstance is the essential basis of
mission from State A. (AKEHURST) consent, or
2. The obligation is transformed radically that it
Q: What are the immunities of international becomes burdensome or unreasonable.
organizations and its officers?
A: There are basically three propositions underlying Exceptions to the Exceptions:
the grant of international immunities to international
1. If the treaty establishes a boundary;
organizations. These principles, contained in the
2. If the fundamental change is the result of a
ILO Memorandum are stated thus:
breach by the party invoking it either of an
obligation under the treaty or of any other
international obligation owed to any other

party to the treaty. (Vienna Convention on the Q: Who are de facto stateless persons?
Law of Treaties, art. 62) A: Those who have a nationality but to whom
protection is denied by their state when out of the
In sum, rebus sic stantibus is an exception to the state. This is the situation of many refugees.
rule of pacta sunt servanda (Bernas, Public International Law,2009)
H. DOCTRINE OF STATE Q: What is the Philippine rule on foundlings?

A: A child, whose parents are both unknown, shall
RESPONSIBILITY
have the nationality of the country of his or her birth.
A foundling is, until the contrary is proved, presumed
Q: What is the principle of non-refoulement? to have been born on the territory of the State in
A: No Contracting State shall expel or return a which he or she was found. (Poe-Llamanzares v.
refugee in any manner whatsoever to the frontiers COMELEC, G.R. No. 221697, 2016, citing 1961
of territories where his life or freedom would be Convention on the Reduction of Statelessness, art.
threatened on account of his race, religion, 2; 1930 Hague Convention on Certain Questions
nationality, membership of a particular social group Relating to the Conflict of Nationality Laws, art. 14)
or political opinion. (1951 Convention Relating to the
Status of Refugees, art. 33) This presumption in favor of foundlings is a
generally accepted principle of international law.
I. REFUGEES (Poe-Llamanzares v. COMELEC, supra).
Q: Who is a Refugee? While the Philippines is not a party to the 1961

A: A refugee is one who, owing to a well-founded Convention on the Reduction of Statelessness
fear of being persecuted for reason of race, religion, (UNCRS) and the 1930 Hague Convention, it is a
nationality, membership of a particular social group signatory to the Universal Declaration on Human
or political opinion, is outside the country of his Rights (UDHR). Article 2 of the UNCRS and Article
nationality, and is unable to, or owing to such fear, 14 of the Hague Convention merely give effect to
is unwilling to avail himself of the protection of that Article 15(1) of the UDHR. (Poe-Llamanzares v.
country. (1951 Convention Relating to the Status of COMELEC, supra).
Refugees, art. 1)
J. EXTRADITION
A person who has left their country of origin and
formally applied for asylum in another country but
(a) Fundamental principles
whose application has not yet been concluded.
Q: What is extradition and what are the general
Q: Who is an Internally displaced person?
principles governing extradition?
A: An internally displaced person (IDP) is a person
who has been forced or obliged to flee or to leave A: Extradition is the surrender of an individual by the
his or her home or place of habitual residence, in state within whose territory he is found to the state
under whose laws he is alleged to have committed
particular as a result of, or in order to avoid the
effects of armed conflict, situations of generalized a crime or to have been convicted of a crime. It is a
violence, violations of human rights or natural or process that is governed by treaty. (See P.D. No.
1069, Sec. 2 (a).)
human-made disasters, and who have not crossed
an internationally recognized State border. (UN
Guiding Principles on Internal Displacement, par. 2) The removal of an accused from the Philippines with
the object of placing him at the disposal of foreign
authorities to enable the requesting state or
Q: Who is a stateless person?
A: A stateless person is a person who is not government to hold him in connection with any
considered as a national by any State under the criminal investigation directed against him or the
execution of a penalty imposed on him under the
operation of its law. (1954 Convention Relating to
the Status of Stateless Persons, art. 1). penal or criminal law of the requesting state or
government. (P.D. No. 1069, Sec. 2 (a).).
Q: Who are de jure stateless persons?
A: Those who have lost their nationality if they had PRINCIPLES:
one, and have not acquired a new one. (Bernas, 1. No state is obliged to extradite unless there
is a treaty;
Public International Law, 2009)
2. Differences in legal system can be an
obstacle to interpretation of what the crime
is (apply the principle of double criminality);

3. Religious and political offenses are NOT expenses to be shouldered by requesting state
extraditable. (Bernas, Public International (P.D. No. 1069, Secs. 4-7, 12, 14, 16-18).
Law, 2009)
EXCEPT: ATTENTAT CLAUSE Q: Lawrence is a Filipino computer expert based
assassination of the head of state or any in Manila who invented a virus that destroys all
member of his family is not regarded as files stored in a computer. In May 2005, this virus
political offense for purposes of extradition. spread all over the world and caused $50 million
It also applies for the crime of genocide. in damage to property in the United States, and
in June 2005, he was criminally charged before
Q: What is the principle of double criminality? the US courts under their Anti-Hacker Law. In
A: According to this principle, a person may be July 2005, the Philippines adopted its own Anti-
extradited only when his/her actions constitute an Hacker Law, to strengthen existing sanctions
offense in both the requesting and requested states. already provided against damage to property.
This principle is now commonly accepted by States The US requested the Philippines to extradite
and is embodied in extradition treaties. him to US courts under the RP-US Extradition
Treaty. Is the Philippines under the obligation to
Q: Can bail be granted in an extradition case? extradite Lawrence? State the applicable rule
A: Yes. The modern trend in international law is the and its rationale.
primacy on the worth of the individual person and A: If there was no anti-hacker law in the Philippines
the sanctity of human rights. While extradition is when the US requested the extradition, Philippines
NOT a criminal proceeding (it is sui generis), it is is under no obligation to extradite him. Under the
characterized by the following: principle of double criminality, extradition is
1. It entails a deprivation of liberty on the part available only when the act is an offense in both
of the potential extradite; and countries.
2. The means employed to attain the purpose
of extradition is also the machinery of Q: May a State ask for the extradition of a person
criminal law for a crime committed before the effectivity of an
extradition treaty?
While our extradition law (PD 1069) does not A: A party to an extradition treaty may ask the other
provide for the grant of bail, there is no provision party to extradite a person for a crime committed
prohibiting the extraditee from filing a motion for bail, before the effectivity of a treaty. It does not violate
a right to due process. The extraditee must establish the prohibition against ex post facto laws. The
constitutional prohibition applies to penal laws only.
flight risk and will abide with all the orders of the The extradition treaty is not a penal law. (Wright v.
extradition court (Government of Hong Kong v. CA, G.R. No. 113213, 1994)
Olalia, G.R. No. 153675, 2007)
(b) Procedure
Q: What is the procedure for extradition in the

Philippines?
1. Foreign diplomat of the requesting state or
government REQUESTS for extradition with
Secretary of Foreign Affairs
2. DFA FORWARDS request to DOJ
3. DOJ FILES petition for extradition with RTC
4. RTC issues SUMMONS or WARRANT OF
ARREST to compel the appearance of the
individual
5. HEARING (provide counsel de officio if
necessary)
6. Appeal to the CA within 10 days whose decision
shall be final and executory
7. Decision FORWARDED to DFA through the
DOJ
8. Individual PLACED at the disposal of the
authorities of requesting state-costs and

(c) Distinguished from Deportation human right entails and depends on other
human rights, violating one such right affects
Q: Distinguish extradition from deportation the exercise of other human rights. (HR
Handbook, p. 22)
4. Non-discriminatory - The right to equality and
EXTRADITION DEPORTATION the prohibition of discrimination, explicitly set
out in international and regional human rights
Removal of an accused Act or an instance of treaties, are central to the protection of all
from the Philippines with removing a person to
the object of placing him at another country (
human rights. (HR Handbook, p. 23)
the disposal of foreign Law Dictionary, 504,
authorities. (PD 1069, 2004). Q: What is the UDHR?
§2(a)). A: The Universal Declaration of Human Rights
It is exercised by the adopted by the UN General Assembly in 1948, was
It is a form of internationalPresident to expel or the first legal document to set out the
judicial assistance deport aliens whose fundamental human rights to be universally
designed to deny criminals presence is deemed protected. (OHCHR Website, What are human
a safe haven abroad. inimical to the public rights?, ¶ 2).
interest. (Djumantan v.
It is a formal procedure Domingo, G.R. No. 99358, It is not a treaty. It has no obligatory character
whereby an individual, 1995). because it was adopted by the UN General
accused or convicted of a Assembly as Resolution 217A (III). As a resolution,
crime under the laws of it is merely recommendatory.
one State, is arrested in
another State and handed
Despite this, the UDHR is considered a normative
over to the former State, at
instrument that creates binding obligations for all
trial or punishment. states because of the consensus evidenced by the
(Boczek, The A to Z of practice of states that the UDHR is now binding as
International Law, 60, part of international law (Carillo).
2010).
Q: What is the ICCPR?
A: The International Covenant on Civil and Political
Rights is an international covenant and is
K. BASIC PRINICIPLES OF binding on the respective state parties. It embodies
INTERNATIONAL HUMAN RIGHTS LAW the first generation of human rights, although it lists
more rights than the UDHR.
Q: What are Human Rights?
A: Human rights are rights that every human being Q: What is the ICESCR?
has by virtue of his or her human dignity. [OHCHR, A: The International Covenant on Economic, Social,
and Cultural Rights, like the ICCPR, is an
international covenant and is binding on the
respective State Parties. It embodies the second
Q: What are the Basic Principles of Human generation of human rights, although it lists more
Rights? rights than the UDHR.
A: Human rights are:
L. BASIC PRINCIPLES OF
1. Universal - Human rights are universal because INTERNATIONAL HUMANITARIAN LAW
they are based on every human being's dignity,
irrespective of race, color, sex, ethnic or social Q: What is international humanitarian law?
origin, religion, language, nationality, age, A: Set of rules which seek, for humanitarian
sexual orientation, disability or any other reasons, to limit the effects of armed conflict. It
distinguishing characteristic. (HR Handbook, p. protects persons who are not or are no longer
21) participating in the hostilities and restricts the means
and methods of warfare. International humanitarian
2. Inalienable No person may be divested of his
law is also known as the law of war or the law of
or her human rights, save under clearly defined armed conflict. (Advisory Service on International
legal circumstances. (HR Handbook, p. 22) Humanitarian Law, International Committee on Red
3. Indivisible and Interdependent - Each Cross, 2004).

Q: What are the Two Branches? Q: What are Internal Waters?

A: 1. Law of The Hague - the body of rules Except as provided in Part IV (Archipelagic States),
establishing the rights and obligations of belligerents waters on the landward side of the baseline of the
in the conduct of hostilities, and which limits means territorial sea form part of the internal waters of the
and methods of warfare. State. (UNCLOS, art. 8)
2. Law of Geneva - the body of rules that protects Sovereignty over these waters is the same in extent
victims of armed conflict, such as military personnel as sovereignty over land, and there is no right of
who are hors de combat and civilians who are not or innocent passage.
are no longer directly participating in hostilities
(ICRC) Where the establishment of a straight baseline in
accordance with the method set forth in Article 7 has
M. LAW OF THE SEA the effect of enclosing as internal waters areas
which had not previously been considered as such,
a right of innocent passage as provided in this
1. BASELINES
Convention shall exist in those waters. (UNCLOS,
2. ARCHIPELAGIC STATES art. 8)
3. INTERNAL WATERS
4. TERRITORIAL SEA Q: What is the Territorial Sea?
5. CONTIGUOUS ZONE A: Every State has the right to establish the breadth
6. EXCLUSIVE ECONOMIC ZONE of its territorial sea up to a limit not exceeding 12
7. CONTINENTAL SHELF AND nautical miles, measured from baselines
EXTENDED CONTINENTAL SHELF determined in accordance with the UNCLOS.
8. INTERNATIONAL TRIBUNAL FOR THE (UNCLOS, art. 3).
LAW OF THE SEA
Q: What is the Contiguous Zone?
principle? A: The contiguous zone may not extend beyond 24
A: nautical miles from the baselines from which the
is: breadth of the territorial sea is measured.
1. An island naturally formed area of land, (UNCLOS, art. 33)
surrounded by water which is above water
at high tide. Q: What is the Exclusive Economic Zone?
2. Except as provided for in the next number, A: The exclusive economic zone shall not extend
the territorial sea, the contiguous zone, the beyond 200 nautical miles from the baselines from
exclusive economic zone and the which the breadth of the territorial sea is measured.
continental shelf of an island are (UNCLOS, art. 57)
determined in accordance with the
provisions of this Convention applicable to Q: What is the Continental Shelf?
other land territory. A: Also known as the archipelagic or insular shelf
3. Rocks which cannot sustain human which refers to:
habitation or economic life of their own
shall have no exclusive economic zone or 1. The seabed and subsoil of the submarine
continental shelf. areas adjacent to the coastal State but
outside the territorial sea, to a depth of 200
Q: What is a baseline? meters, or beyond that limit, to where the
A: A baseline is the line from which a breadth of the depth allows exploitation, and
territorial sea and other maritime zones, such as the 2. The seabed and subsoil of areas adjacent
contiguous zone and the exclusive economic zone to islands. (UNCLOS, art. 76).
is measured. Its purpose is to determine the starting
point to begin measuring maritime zones boundary Q: What is the Extended Continental Shelf?
of the coastal state. A: It is part of the Continental Shelf that lies beyond
the 200 nautical miles from the coastal baselines. It
Q: what is an Archipelagic state? is the seabed and subsoil of the submarine areas
A: A State constituted wholly by one or more extending beyond the territorial sea of the coastal
archipelagos and may include other islands. state throughout the natural prolongation of its lands
[UNCLOS, art. 46(a)] territory up to:
1. The outer edge of the continental margin;

or Q: What are the elements for the application of

2. A distance of 200 nautical miles from the the precautionary principle?
baselines of the territorial sea where the 1. Uncertainty
outer edge of the continental margin does 2. Possibility of irreversible harm
not extend up to that distance. (UNCLOS, 3. Possibility of serious harm (International
art. 76) Service for the Acquisition of Agri-Biotech v.
Greenpeace, G.R. No. 209271, 2015)
Q: What is the International Tribunal for the Law
of the Sea? --- end of topic ---
A: The International Tribunal for the Law of the Sea
is an independent judicial body to adjudicate
disputes arising out of the interpretation and
application of the UNCLOS. It is the proper venue to
resolve the issue on the Baselines Law.
Q: What is the Jurisdiction of the ITLOS?

A: Its jurisdiction comprises all disputes and all
applications submitted to it in accordance with the
UNCLOS. It also includes all matters specifically
provided for in any other agreement which confers
jurisdiction on the Tribunal (UNCLOS, Annex VI, Art.
21). It has jurisdiction to deal with disputes
(contentious jurisdiction) and legal questions
(advisory jurisdiction) submitted to it.
The Tribunal, however cannot exercise jurisdiction

over certain types of disputes such as disputes over
sovereignty over the islands of South China Sea and
the delimitation of maritime boundary. (The South
China Sea Arbitration, 2013-19, Jul. 12, 2016)
N. BASIC PRINCIPLES OF
INTERNATIONAL ENVIRONMENTAL
LAW
Q: What is Principle 21 of the Stockholm

Declaration?
A:
the United Nations and the principles of international
law, the sovereign right to exploit their own
resources pursuant to their own environmental
policies and the responsibility to ensure that
activities within their jurisdiction or control do not
cause damage to the environment of other States or
of other areas beyond the limits of natural
Q: What is the precautionary principle?

A: The precautionary principle is used when there is
a lack of full scientific certainty in establishing a
causal link between human activity and
environmental effect. The precautionary principle,
as a principle of last resort, shifts the burden of
evidence of harm away from those likely to suffer
harm and onto those desiring to change the status
quo. (International Service for the Acquisition of
Agri-Biotech v. Greenpeace, G.R. No. 209271,
2015)

4. Congress may delegate Tariff powers to

MEMORY AID the President
5. Emergency powers delegated by
Congress to the President
CONSTITUTIONAL LAW 1
How States may acquire or lose territory

CAPO
1. Cession
2. Accretion Requisites of a Valid Ordinance
3. Prescription Must NOT CUPPU, must be GC
4. Occupation 1. Must not Contravene the Constitution or
any statute
Function of a State 2. Must not be Unfair or oppressive
CM 3. Must not be Partial or discriminatory
1. Constituent compulsory functions which 4. Must not Prohibit, but may regulate trade
constitute the very bonds of society 5. Must not be Unreasonable
2. Ministrant optional functions of the 6. Must be General and Consistent with
government public policy
When suit is considered against the State Three types of initiative

NUO CSL
1. The republic is sued by name 1. Initiative on the Constitution
2. Suits against an unincorporated agency 2. Initiative on Statutes
3. Suit is against a government official, but is 3. Initiative on Local Legislation
such that ultimate liability will devolve on
the government Required Petition for Referendum
RS10R3
Consent by the State is given impliedly by 1. Petition should be Registered with the
BPPI Commission on Elections
1. State enters into an operation that is 2. Should be Signed by at least 10% of the
essentially a Business operation total number of registered voters
2. The State enters into a Private contract 3. Every legislative district must be
3. State files suit against a Private party Represented by at least 3% of the
4. Suit against an Incorporated government registered voters thereof
agency
Rule on Apportionment
Elements of a State UCPP-R3
GSPoT 1. It must be based on uniform and
1. Government progressive ratio
2. Sovereignty 2. Each city with at least 250,000 inhabitants
3. Population shall be entitled to at least 1
4. Territory representative
3. Each province, irrespective of number of
Test of Valid Delegation inhabitants, shall be entitled to at least 1
CS representative
1. Completeness Test 4. Each legislative district shall comprise as
2. Sufficiency of Standard far as practicable, contiguous, compact,
and adjacent (PCCA) territory.
Exceptions to the principle of non-delegation 5. Reapportionment is done by Congress
of legislative power within 3 years following the return of every
PLATE census
1. To the extent reserved to the People by
the provision on initiative and referendum How can a party-list join an electoral contest?
2. Delegation to Local government RA
3. Delegation to Administrative bodies 1. Registration; and
2. Accreditation

Who may participate in party-list elections? Grounds for Impeachment

NRS CTG-B2O
1. National parties/organizations 1. Culpable violation of the Constitution
2. Regional parties/organizations 2. Treason
3. Sectoral parties/organization 3. Graft and Corruption
4. Bribery
Each Electoral Tribunal shall be the sole judge 5. Betrayal of Public Trust
of all contests relating: 6. Other high crimes
ERQ
1. Election contests Regular Appointments Requiring Consent of
2. Qualification CA
3. Returns HA2C
1. Heads of executive departments
Bills that must originate in the House
PuP-TL
1. Bills authorizing the increase of Public 2. Ambassadors, consuls, and other
debt public ministers
2. Private Bills
3. Tariff Bills
4. Bills of Local Application 3. Officers of AFP from the rank of colonel or
naval captain
Requisites for valid transfer of appropriated
funds under Art. 6, Sec. 25(5)
LSA
4. Other officers whose appointment is
1. There is a Law authorizing the President,
vested in him by the Constitution, such as:
Senate President, Speaker, Chief Justice,
(CJOS)
and heads of the Constitutional
1. Chairmen and members of the
Commissions;
COMELEC, COA, and CSC.
2. The funds to be transferred are Savings
generated from the appropriations for their
respective offices; and
2. Regular members of the JBC.
3. The purpose of the transfer is to Augment
an item in the general appropriations law
for their respective offices
3. The Ombudsman and his
Limitations on power to tax deputies.
UP-PED
1. The rule of taxation should be Uniform
2. Congress should evolve a Progressive 4. Sectoral representatives in
system of taxation Congress, as provided in
3. The power to tax must be exercised for Transitory Provisions
Public purpose
4. It should be Equitable
5. The Due process and equal protection
Suspension Privilege Of Writ Of HC & Martial
clauses of the Constitution should be
Law Declaration
observed
AP
Officers subject to impeachment 1. Actual, and not merely imminent Invasion
PVM2O or Rebellion
1. President 2. Public safety requires it
2. Vice-President
3. Members of the SC
4. Members of the Constitutional
Commission
5. Ombudsman

Limitations on the suspension of the Privilege Exceptions to the rule that the Courts will not
of the Writ of Habeas Corpus entertain moot questions
60-R48-RE GERF
1. Suspension or proclamation is effective 1. There is a grave violation of the
only for 60 days Constitution;
2. Within 48 hours from the declaration of 2. The situation is of an exceptional
suspension, the President must submit a character and paramount public interest is
Report in person or in writing to Congress involved;
3. Congress, voting jointly, by a vote of at 3. The constitutional issue raised requires
least a majority, may Revoke the same, formulation of controlling principles to
and the President can not set aside the guide the bench, the bar, and the public;
revocation 4. The case is capable of repetition yet
4. Upon the P evading review
may Extend the proclamation or
suspension for a period determined by the Scope of the Civil Service Commission
Congress if invasion or rebellion persists BIGAS
and public safety requires it. 1. Branches
2. Instrumentalities
Requisites of Judicial Review 3. GOCCs with original charter
REALS 4. Agencies of the Government
1. The question involved must be Ripe for 5. Subdivisions
adjudication
2. The question of constitutionality must be Non-competitive positions covered by security
raised in the first instance, or at the Earliest of tenure
opportunity. PPH
1. Policy determining
2. Primarily confidential
3. An Actual case calling for the exercise of 3. Highly technical
judicial power.
Determination whether an employee has a
reasonable expectation of privacy
RCA
4. Resolution of the issue of constitutionality is
1. Relationship to the item
unavoidable or is the very Lis mota of the
seized
case.
2. Whether the item was in the immediate
Control of the employee
3. Whether the employee took Actions to
5. The person challenging the governmental
maintain his privacy in the item
act must have
S Locus Standi) Acquisition of Alienable Lands of the Public
Domain
FFA
1. Filipino citizens
Requisites for Third-Party Standing (jus tertii)
2. Former natural-born citizens of RP
IRH
(as transferees with certain legal
1. The litigant must have suffered an Injury-
restrictions
in-fact;
3. Alien heirs (as transferees in case
2. The litigant must have a close Relation to
of intestate succession)
the third party; and
3. There must exist some Hindrance to the
third party's ability to protect his or her own
interests.

LAW ON PUBLIC OFFICERS Personnel actions amounting to removal

SCD2
Elements of public office 1. Shortening term
LSCIP 2. Control does not extend to removal
1. Created by law or by authority of law; 3. Demotion
2. Possess a delegation of portion of 4. Denial of optional retirement and refusal to
sovereign powers of government, for reinstate
benefit of the public;
3. Powers conferred and duties imposed Effects of Impeachment
defined by Constitution, legislature, or by LDR
its authority; 1. Officer still Liable to prosecution, trial, and
4. Duties performed independently and only punishment if the impeachable offense
controlled by law unless placed under committed also constitutes a felony or
general control of superior office or body; crime
5. Permanent or continuous. 2. Disqualification to hold any office
3. Removal from office of the official
How appointments by the President made concerned
NCIA
1. Nomination
2. Confirmation
3. Issuance of Confirmation
4. Acceptance by the appointee
Exceptions to the rule on nepotism

CTAP
1. Persons employed in confidential capacity
2. Teachers
3. Physicians
4. Members of AFP
Who are required to file SALN

PVCC-SCOA
1. President
2. Vice-President
3. Members of the Cabinet
4. Members of Congress
5. Justices of the Supreme Court
6. Members of Constitutional Commissions
7. Other constitutional offices
8. Officers of the Armed Forces with general
or flag rank
Kinds of Preventive Suspension

IA
1. Preventive suspension pending
Investigation
2. Preventive suspension pending Appeal
Conditions before employee entitled to back

salaries in preventive suspension
IU
1. The employee must be found innocent of
the charges; and
2. His suspension must be unjustified or the
official was innocent.

Non-applicability of doctrine of exhaustion of 6. An administrative officers acts in Violation

administrative remedies of constitution and other laws; and
DARNN JP LICD DRIED LPS Quo 7. To an order made in Excess of power
1. If it should appear that an IRREPARABLE
DAMAGE will be suffered by a party unless
resort to the court is immediately made. ELECTION LAW
2. When the respondent is the ALTER EGO of the
President Required qualifications for voters
3. When no administrative REVIEW is provided
CD R2 18
as a condition precedent for court action
4. Where insistence on its observance would 1. Citizen of the Philippines
result in the NULLIFICATION of the claim
asserted
5. When there was NO DECISION rendered 2. Not Disqualified by law
6. When there are special circumstances
demanding immediate JUDICIAL
INTERVENTION 3. Resident of the Philippines for at
7. When the administrative remedy is least 1 YEAR
PERMISSIVE or concurrent
8. When the question raised is ESSENTIALLY
AND PURELY LEGAL
9. When strong PUBLIC INTEREST is involved 4. Resident of the place wherein he
1. Where the issue raised is the proposes to vote for at least 6 months
CONSTITUTIONALITY of the statute, rule or immediately preceding the election
regulation
2. Where it is a civil action for DAMAGES
3. Where the officer acted in utter DISREGARD 5. At least 18 years old
OF DUE PROCESS
4. When there is NO OTHER plain, speedy, Grounds for disqualification to vote
adequate REMEDY FDI
5. When act complained of is PATENTLY 1. Sentenced by FINAL JUDGMENT to suffer
ILLEGAL
IMPRISONMENT NOT LESS THAN 1
6. When the administrative body or the person
invoking the doctrine is in ESTOPPEL YEAR
7. When there is long-continued and 2. Adjudged by final judgment by a
UNREASONABLE DELAY competent court of having committed any
8. When the subject of controversy is PRIVATE crime involving DISLOYALTY to the duly
LAND constituted government
9. When the controversy involves POSSESSORY For (1) and (2):
ACTION involving public lands a. Disqualification may be removed by
10. When the claim involved is SMALL so that to plenary pardon or amnesty
require exhaustion would be oppressive and
b. Reacquire the right to vote upon
unreasonable
11. In QUO WARRANTO proceedings expiration of 5 years after service of sentence
3. INSANE or INCOMPETENT persons
Non-applicability of finality of administrative as declared by competent authority
action
SPA-DIVE Grounds for inclusion proceedings
1. To grant relief to preserve Status quo DS
pending further action by the 1. Application for registration has been
administrative agency; disapproved by the board
2. Essential to the Protection of rights 2. 2. Name has been stricken out
asserted;
3. When Allowed by law;
4. When the order is not reviewable and the
complainant will suffer great and obvious
Damage if the order is carried out;
5. An Interlocutory order affecting the merits
of a controversy;

Grounds for exclusion proceedings 8. Sentenced by final judgment for

Nq-FG subversion, insurrection, rebellion or an
1. Not qualified or possessing disqualification offense which he has been sentenced to a
2. Flying voters penalty of more than 18 months, or a
3. Ghost voters crime involving moral turpitude, unless
given plenary pardon/ amnesty
Grounds for annulment of book of voters
N-F3I2BS2 Disqualifications under LGC
1. Not prepared in accordance with law MAO-PDF
1. Sentenced by final judgment for an offense
involving Moral turpitude or for an offense
2. Prepared through: punishable by 1 year or more of
a. Fraud imprisonment within 2 years after serving
sentence.
b. Forgery
2. Removed from office as a result of an
Administrative case.
c. Force 3. Convicted by final judgment for violating the
Oath of allegiance to the Republic.
d. Intimidation
4. Permanent residents in a foreign country or
those who have acquired the right to reside
e. Impersonation abroad and continue to avail of the same
right.
5. Dual allegiance.
f. Bribery
6. Fugitives from justice in criminal or non-

g. Similar irregularity political cases here or abroad.
h. Contains data that are Grounds for false and material

Statistically improbable misrepresentation
FMD
Grounds for substitution 1. Must be False
DWD 2. Must be Material
1. Death 3. Must be Deliberate and there is an
2. Withdrawal intention to defraud the electorate
3. Disqualification
Grounds for disqualification of candidates

LFFD-NEDS
1. Lacking qualifications
2. Filing a COC for more than 1 office
3. False and material representation in the
COC
4. Disqualifications under the LGC
5. Nuisance candidate
6. Election offenses enumerated under Sec.
68 of the Omnibus Election Code
7. Declared insane or incompetent by
competent authority

Prohibited Contributions transmission of the election returns or in

UF2 PLAC2E the custody or canvass thereof).
1. Public Utilities or those exploiting natural
resources of the nation
2. Public or private Financial institutions,

except loans to a candidate or political
party Grounds for a recount
MTD
1. There are material defects in the Election
3. Foreigners and foreign corporations Returns
2. The ERs are tampered or falsified
3. There are discrepancies in the ERs
4. Grantees of franchises, incentives,
exemptions, allocations or similar Types of Election Contests
Privileges or concessions by the EQ
government 1. Election protest; and
2. Quo Warranto
Grounds for Election Protest

5. Persons who, within 1 year prior to the
IN MVP
date of the election, have been granted
1. Intimidation
Loans or other
2. No padlock
accommodations in excess of P100,000
3. Misappreciation
by the government
4. Violence
1. Padding of votes
6. Members of the Armed forces of the Requisites for Quo Warranto
Philippines VID 10
7. Officials or employees in the Civil service 1. Filed by any registered Voter in the
8. Persons with Contracts to supply the constituency;
government with goods or services or to
perform construction or other works Grounds:
9. Educational institutions which have a. Ineligibility
received grants of public funds not less b. Disloyalty to the Republic of the
than P100,000 by the government Philippines
When Failure of Elections may be declared
SNR 2. Within 10 days from proclamation of
1. Election was Suspended before the hour results
fixed by law for the closing of the voting
2. Election in any polling place was Not held
on the date fixed
3. Elections Results in a failure to elect (after
- end of topic -
the voting and during the preparation and


A: Sec. 2, R.A. No. 10911 states that:

I. GENERAL PRINCIPLES
The State shall promote equal opportunities in
A. BASIC POLICY ON LABOR employment for everyone. To this end, it shall be the
policy of the State to:
Q: What are the seven basic rights of workers
guaranteed by the Constitution? 1) Promote the employment of individuals on
1. To participate in policy and decision- the basis of their
making processes affecting their rights and a) Abilities
benefits as may be provided by law b) Knowledge
2. To receive a living wage c) Skills, and
3. To conduct collective bargaining or d) Qualifications, rather than their
negotiation with management age
4. To work under humane conditions
5. Right to organize 2) Prohibit arbitrary age limitations in
6. To enjoy security of tenure employment.
7. To engage in peaceful concerted activities,
including strikes in accordance with the law 3) Promote the right of all employees and
workers, regardless of age, to be treated
equally in terms of
Q: What is Social Justice? a) Compensation,
A: Social justice is neither communism, nor b) Benefits,
despotism, nor atomism, nor anarchy, but the c) Promotion,
humanization of laws and the equalization of social d) Training, and
and economic forces by the State so that justice in e) Other employment opportunities.
its rational and objectively secular conception may
at least be approximated. (Calalang v. Williams, Q: What is the Right to Self-Organization?
G.R. No. 47800, 1940) A: The right includes:
Forming, joining, or assisting labor
Q: What does Balancing of Interests mean? organizations for the purpose of collective
A: It is high time that employer and employee cease bargaining through representatives of their
to view each other as adversaries and instead own choosing.
recognize that theirs is a symbiotic relationship, To engage in lawful concerted activities for
wherein they must rely on each other to ensure the the purpose of collective bargaining or for
success of the business. When they consider only their mutual aid and protection. (Labor
their own self-interests, and when they act only with Code, Art. 257)
their own benefit in mind, both parties suffer from
short-sightedness, failing to realize that they both Q: Can security guards form, join, and assist
have a stake in the business. labor organizations for purposes of collective
bargaining?
The employer wants the business to succeed, A: Yes. Under RA 6715, security guards may freely
considering the investment that has been made. join a labor organization of the rank and file or that
The employee in turn, also wants the business to of the supervisory union, depending on their rank.
succeed, as continued employment means a living,
then that they both have the same goal, even if the
benefit that results may be greater for one party than Q: Do government employees have the right to
the other. If this becomes a source of conflict, there self-organization?
are various, more amicable means of settling A: Yes. The right to self-organization applies to all
disputes and of balancing interests that do not add employees of all branches, subdivisions,
fuel to the fire, and instead open avenues for instrumentalities, and agencies of the government
understanding and cooperation between the including GOCCs with original charters. It does not
employer and the employee. (Toyota Motor Phils. cover members of the AFP, police officers,
policemen, firemen, and jail guards.
2007)
Q: What is the principle of Equal Work limited to the formation of unions or associations
Opportunities?

WITHOUT the right to strike. (Gesite v. Court of B. CONSTRUCTION IN FAVOR OF LABOR

Appeals, 444 SCRA 51, 2004)
Q: What is the construction in favor of labor?
Q: Do employees of non-stock, non-profit A: All doubts in the implementation and
organizations, or alien employees have the right interpretation of the provisions of this Code,
to self-organization? including its implementing rules and regulations,
A: Yes. All persons employed in commercial,
shall be resolved in favor of labor. (Labor Code, Art.
industrial, and agricultural enterprises and in
religious, charitable, medical, or educational 4)
institutions, whether operating for profit or not, shall
have the right to self-organization and to form, join, The rudimentary principle is that in the
or assist labor organizations of their own choosing implementation and interpretation of the provisions
for purposes of collective bargaining. Ambulant, of the Labor Code and its implementing regulations,
intermittent, and itinerant workers, self-employed the workingman's welfare should be the primordial
people, rural workers, and those without any definite and paramount consideration. The policy is to
employers may form labor organizations for their extend the applicability of the decree to a greater
mutual aid and protection. (Labor Code, Art. 253) number of employees who can avail of the benefits
under the law, which is in consonance with the
Q: Do alien employees have the right to self- avowed policy of the State to give maximum aid and
organization and join or assist labor unions for protection to labor. (Rodriguez v. Park N Ride, G.R.
purposes of collective bargaining? No. 222980, 2017)
A: Yes. The following requisites must be present:
a. The alien employee must have a valid C. THE BURDEN OF PROOF AND
working permit issued by DOLE; and QUANTUM OF EVIDENCE IN LABOR
CASES
b. The alien employee must be a national of a
country which grants the same or similar Q: Who has the burden of proof to show the fact
rights to Filipino workers, as certified by of employment and dismissal?
DFA or which has ratified either ILO A: The employee must first establish by substantial
Convention No. 87 or ILO Convention No. evidence the fact of his dismissal from service. If
98. (Labor Code, Art. 284) there is no dismissal, then there can be no question
as to the legality or illegality thereof. (MZR Industries
Q: What is a Collective Bargaining Unit (CBU)? v. Colambot, G.R. No. 179001, 2013)
A: A CBU is a group of employees sharing mutual
interests within a given employer unit, comprised of The unflinching rule in illegal dismissal cases is that
all or less than all of the entire body of employees in the employer bears the burden of proof. (Garza v.
the employer unit or any specific occupation or Coca-Cola Bottlers Philippines, Inc., G.R. No.
geographical grouping within such employer unit. 180972, 2014)
(Rule I, § 1(d), Omnibus Rules)
D. LEGAL BASIS UNDER THE 1987
CONSTITUTION, CIVIL CODE, AND
defined? LABOR CODE
A: The performance of a mutual obligation to meet
and convene promptly and expeditiously in good Q: What are the rights of employees under the
faith for the purpose of negotiating an agreement 1987 Constitution? (WHOSE-CD)
with respect to wages, hours of work, and all other A: The rights granted to employees are the rights:
terms and conditions of employment including 1. To a living Wage;
proposals for adjusting any grievances or questions 2. To Humane working conditions;
arising under such agreement and executing a 3. To self-Organization;
contract incorporating such agreements if requested 4. To Security of tenure;
by either party but such duty does not compel any 5. To Engage in peaceful concerted activities,
party to agree to a proposal or to make any which includes the right to strike, in
concession. (Labor Code, Art. 263) accordance with law;
6. To Collective bargaining or negotiation with
management;
7. To participate in policy and Decision
making processes affecting their rights and

benefits as may be provided by law (Phil. Sec. 4. No law shall be passed abridging the
Const. art. XIII, Sec. 3) freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and
Q: What is the principle of co-determination? petition the government for redress of grievances.
A: This refers to the right of workers to participate in
the policy and decision-making processes directly Sec. 8. The right of the people, including those
affecting their rights and benefits, without intruding employed in the public and private sectors, to form
into matters pertaining to management prerogative. unions, associations, or societies for purposes not
(PAL v. NLRC, G.R. No. 85985, 1993) contrary to law shall not be abridged.
Q: How does the concept of due process work in Sec. 16. All persons shall have the right to a speedy
illegal dismissal cases? disposition of their cases before all judicial, quasi-
A: Due process under the Labor Code, like judicial, or administrative bodies.
Constitutional due process, has two aspects:
substantive, i.e., the valid and authorized causes of Sec. 18 (2). No involuntary servitude in any form
employment termination under the Labor Code; and shall exist except as a punishment for a crime
procedural. Breaches of these due process whereof the party shall have been duly convicted.
requirements violate the Labor Code. Therefore,
statutory due process should be differentiated from Q: What are the constitutional provisions on
failure to comply with constitutional due process. Social Justice and Human Rights relevant to
Labor?
On the other hand, constitutional due process A: Sec. 2. The promotion of social justice shall
protects the individual from the government and include the commitment to create economic
assures him of his rights in criminal, civil, or opportunities based on freedom of initiative and self-
administrative proceedings; while statutory due reliance.
process found in the Labor Code and Implementing
Rules protects employees from being unjustly Sec. 3. The State shall afford full protection to labor,
terminated without just cause after notice and local and overseas, organized, and unorganized,
hearing. (Agabon v. NLRC, G.R. No. 158693, 2004) and promote full employment and equality of
employment opportunities for all.
Q: What are the State Policies declared in the
1987 Constitution relevant to Labor? It shall guarantee the right of all workers to self-
A: Sec. 9. The State shall promote a just and organization, collective bargaining and negotiations,
dynamic social order that will ensure the prosperity and peaceful concerted activities, including the right
and independence of the nation and free the people to strike in accordance with law. They shall be
from poverty through policies that provide adequate entitled to security of tenure, humane conditions of
social services, promote full employment, a rising work, and a living wage. They shall also participate
standard of living, and an improved quality of life for in policy and decision-making processes affecting
all. their rights and benefits as may be provided by law.
Sec. 10. The State shall promote social justice in all The State shall promote the principle of shared
phases of national development. responsibility between workers and employers and
the preferential use of voluntary modes in settling
Sec. 18. The State affirms labor as a primary social disputes, including conciliation, and shall enforce
economic force. It shall protect the rights of workers their mutual compliance therewith to foster industrial
and promote their welfare. peace.
Sec. 20. The State recognizes the indispensable The State shall regulate the relations between
role of the private sector, encourages private workers and employers, recognizing the right of
enterprise, and provides incentives to needed labor to its just share in the fruits of production and
investments. the right of enterprises to reasonable returns to
investments, and to expansion and growth.
Q: What are the constitutional provisions on the
Bill of Rights relevant to Labor? Sec. 13. The State shall establish a special agency
A: Sec. 1. No person shall be deprived of life, liberty, for disabled persons for their rehabilitation, self-
or property without due process of law, nor shall any development, and self-reliance, and their integration
person be denied the equal protection of the laws. into the mainstream of society.

Sec. 14. The State shall protect working women by

providing safe and healthful working conditions,
taking into account their maternal functions, and
such facilities and opportunities that will enhance
their welfare and enable them to realize their full
potential in the service of the nation.
Q: What are the Civil Code provisions relevant

to Labor?
A: Article 1700. The relations between capital and
labor are not merely contractual. They are so
impressed with public interest that labor contracts
must yield to the common good. Therefore, such
contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts,
closed shop, wages, working conditions, hours of
labor, and similar subjects.
Article 1702. In case of doubt, all labor legislation

and all labor contracts shall be construed in favor of
the safety and decent living for the laborer.
Article 1703. No contract which practically amounts
to involuntary servitude, under any guise
whatsoever, shall be valid.
Q: What are the rights guaranteed under the

Labor Code?
A: The State shall afford protection to labor,
promote full employment, ensure equal work
opportunities regardless of sex, race, or creed and
regulate the relations between workers and
employers. The State shall assure the right of
workers to self-organization, collective bargaining,
security of tenure, and just and humane conditions
of work. (Labor Code, Art. 3)
The constitutional policy to provide full protection to

labor is not meant to be a sword to oppress
employers. The commitment of this Court to the
cause of labor does not prevent us from sustaining
the employer when it is in the right. (Sarocam v.
Interorient Marine, G.R. No. 167813, 2006)
-- end of topic --

Q: What are the kinds of illegal recruitment?

II. RECRUITMENT AND PLACEMENT OF
A:
WORKERS 1. Simple Illegal Recruitment - committed by a
person who is neither a licensee nor a holder
A. RECRUITMENT AND PLACEMENT of authority;
2. Illegal Recruitment as Economic Sabotage -
1. ILLEGAL RECRUITMENT AND committed by a syndicate; or in large scale,
OTHER PROHIBITED ACTIVITIES shall be considered an offense involving
economic sabotage. (R.A. No. 10022, Sec.
Q: What constitutes recruitment and placement 5[m])
activities?
A: Q: What are the elements of illegal recruitment
in large scale?
1. Canvassing; A: To constitute illegal recruitment in large scale,
2. Enlisting; three elements must concur:
3. Contracting;
4. Transporting; 1. The offender has no valid license or
5. Utilizing; or authority required by law to enable him to
6. Hiring or procuring workers. lawfully engage in recruitment and
placement of workers;
It also includes: 2. The offender undertakes any of the
1. Referrals; activities within the meaning of "recruitment
2. Contract services; and placement" under Article 13(b) of the
3. Promising; or Labor Code, or any of the prohibited
4. Advertising for employment, locally or practices enumerated under Article 34 of
abroad, whether for profit or not. the same Code (now Section 6 of Republic
Act No. 8042); and
Q: What are the elements of simple illegal 3. The offender committed the same against
recruitment for local employment under the three (3) or more persons, individually or as
Labor Code? a group (People v. Cagalingan, G.R. No.
A: The following elements must concur: 198664, November 23, 2016).
1. That the offender has no valid license or
authority required by law to enable him to Q: What are the elements of illegal recruitment
lawfully engage in the recruitment and by a syndicate?
placement of workers, and A: To constitute illegal recruitment by a syndicate,
2. That the offender undertakes any activity the following must concur:
e 13(b), or
1. The offender undertakes either any activity
any prohibited practices enumerated under
recruitment and
Article 34 of the Labor Code. (Ritualo v.
People, 591 SCRA 24, 2009)
of the prohibited practices enumerated
under Art. 34 of the Labor Code;
Q: What are the elements of simple illegal
2. He has no valid license or authority
recruitment for migrant workers under the
required by law to enable one to lawfully
Migrant Workers Act?
engage in recruitment and placement of
A: To constitute illegal recruitment for migrant
workers; and
workers, the following must concur:
3. The illegal recruitment is committed by a
1. The person charged commits any of the
group of three (3) or more persons
enumerated acts under Sec. 6 of R.A.
conspiring or confederating with one
8042, as amended by R.A. 10022;
another. (People v. Gallo, G.R. No.
2. It is immaterial whether he is a holder or not
187730, 2010)
of any license or authority.
Q: Can a person guilty of illegal recruitment be

similarly guilty of estafa?
A: Yes. It is well-established in jurisprudence that a
person may be charged and convicted for both
illegal recruitment and estafa. Illegal recruitment is

malum prohibitum where the criminal intent of the and Placement of Workers for Overseas
accused is not necessary for conviction, while estafa Employment?
is mala in se and such intent is imperative. (People 1. Travel agencies and sales agencies of
v. Chua, 680 SCRA 575, 2012). airline companies, whether for profit or not.
(Art. 26)
Q: What are the differences between illegal 2. Officers or members of the Board of any
recruitment and estafa? corporation or partners in a partnership
ILLEGAL engaged in the business of a travel agency;
ESTAFA 3. Corporations and partnerships, where any
RECRUITMENT
of its officers, members of the board, or
It is malum prohibitum. It is mala in se. partners is also an officer, member of the
board, or partner of a corporation or
The criminal intent of The criminal intent is
partnership engaged in the business of a
the accused is not imperative.
travel agency;
necessary.
4. Individuals, partners, officers, or directors of
Penalized under the Penalized under the an insurance company who make, propose,
Labor Code. Revised Penal Code. or provide an insurance contract under the
compulsory insurance coverage for agency-
Limited in scope. Wider in scope and hired OFWs;
covers deceits 5. Sole proprietors, partners, or officers and
whether related or not members of the board with derogatory
to recruitment records, such as but not limited to the ff:
activities. 6. Those convicted or against whom probable
cause or prima facie finding of guilt is
determined by a competent authority for
2. LIABILITY OF LOCAL illegal recruitment or for other related crimes
RECRUITMENT AGENCY AND or offenses committed in the course of,
FOREIGN EMPLOYER related to, or resulting from, illegal
recruitment, or for crimes involving moral
Q: What kind of liability do foreign employers turpitude;
and recruitment agencies share? 6.1. Those agencies whose licenses
A: They are solidarily liable with each other. This is have been revoked for violation of
imposed by law against recruitment agencies and RA 8042, PD 442, RA 9208, and
foreign employers as a means to assure the their IRRs;
aggrieved worker of immediate and sufficient 6.2. Those agencies whose licenses
payment of what is due him. This is in line with the have been cancelled, or those
policy of the State to protect and alleviate the plight who, pursuant to the order of the
of the working class. (P.I. Manpower Placements, Administrator, were included in the
Inc. v. NLRC, 276 SCRA 451, 1997). list of persons with a derogatory
record for violation of recruitment
Q: How does the theory of imputed knowledge laws and regulations;
apply to foreign employers and recruitment 7. Any official employee of the DOLE, POEA,
agencies? OWWA, DFA, DOJ, DOH, BI, IC, NLRC,
A: The theory of imputed knowledge ascribes the TESDA, CFO, NBI, PNP, Civil Aviation
knowledge of the agent or recruitment agency to the Authority of the Philippines, international
principal and not the other way around. The airport authorities, and other government
knowledge of the principal-foreign employer cannot, agencies directly involved in the
therefore, be imputed to its agent or recruitment implementation of RA 8042, as amended,
agency. (Sunace International Management and/or any of his/her relatives within the
Services, Inc. v. National Labor Relations fourth civil degree of consanguinity or
Commission, 480 SCRA 146, 2006). affinity. (Part II, Rule I, Sec. 3, 2016 Revised
POEA Rules and Regulations)
3. ENTITIES PROHIBITED FROM
RECRUITING
Q: What entities are disqualified from Engaging

or Participating in the Business of Recruitment

4. CANCELLATION OF LICENSE OR Q: Can a foreign employer and an OFW enter

AUTHORITY into a contract that allows termination without
cause provided there is prior notice?
Q: Who has the power to suspend or cancel any A: Yes, stipulations providing that either party may
license or authority to recruit employees for terminate a contract even without cause are
overseas employment? legitimate if exercised in good faith. Thus, while
A: Such power is concurrently vested with the either party has the right to terminate the contract at
POEA and the Secretary of Labor. (Labor Code, Art. will, it cannot not act purposely to injure the other.
35) The monetary award provided in Section 10 of R.A.
8042 applies only to an illegally dismissed overseas
The Secretary of Labor has the power, under Art. 35 contract worker or a worker dismissed from
of the Code, to apply the sanctions, as well as the overseas employment without just, valid or
authority, conferred by Art. 36, not only to restrict authorized cause as defined by law or contract. It
and regulate the recruitment and placement finds no application to cases in which the OFW was
activities of all agencies but also to promulgate rules not illegally dismissed. (GBMLT Manpower Services
and regulations to carry out the objectives and v. Malinao, G.R. No. 189262, 2015)
implement the provisions governing said activities.
In contrast, cite Dagagdag v. Grand Placement (Jan
Pursuant to this rule-making power thus granted, the 18, 2017) and IPAMS v. De Vera (March 7, 2016)
Secretary of Labor gave the POEA on its own
initiative or upon the filing of a complaint or report or 6. BAN ON DIRECT HIRING,
upon request for an investigation by any aggrieved EXCEPTION
person, (authority to) conduct the necessary
proceedings for the suspension or cancellation of Q: What is the general rule as regards the ban
the license or authority of any agency or entity for on direct hiring?
certain enumerated offenses including: A: GR: No employer may hire a Filipino worker for
1. The imposition or acceptance, directly or overseas employment except through the boards
indirectly, of any amount of money, goods, and entities authorized by the Secretary of Labor.
or services, or any fee or bond in excess of
what is prescribed by the Administration. EXC:
2. Any other violation of pertinent provisions 1. Members of the diplomatic corps;
of the Labor Code and other relevant laws, 2. International organizations; and
rules, and regulations. 3. Such other employers as may be allowed
by the Secretary of Labor is exempted from
5. TERMINATION OF CONTRACT OF this provision. (Labor Code, Art. 18)
MIGRANT WORKER WITHOUT 4. Name hires those individuals who are
JUST OR VALID CAUSE able to secure contracts for overseas
employment on their own efforts and
Q: What is the effect of the pre-termination of the representation without the assistance or
contract of a migrant worker? participation of any agency. Their hiring,
A: In case of termination of overseas employment nonetheless, has to be processed through
without just, valid, or authorized cause as defined by the POEA. (Part III, Rule III of the POEA
law or contract, the workers shall be entitled to full Rules Governing Employment as amended
reimbursement of his placement fee with interest at in 2002)
12% per annum plus his salaries for the unexpired
portion of his employment contract. (Serrano v. Q: What is the reason for the said rule?
Gallant, G.R. No. 167614, 2009) A: The reason for the ban is to ensure full regulation
of employment in order to avoid exploitation.
As to other money claims (e.g. salary for the
unexpired portion) under RA 8042 based on a final Q: What are the entities authorized to engage in
judgment after July 1, 2013, and there was no recruitment and placement?
stipulation as to the applicable interest rate in the 1. Public employment offices
contract, it shall be subject to the 6% interest per 2. Philippine Overseas Employment
annum per BSP Circular 799. (Sameer v. Cabiles, Administration (POEA)
G.R. No. 170139, 2014) 3. Private recruitment entities
4. Private employment agencies

5. Shipping or manning agents or Q: Who is excluded from securing an Alien

representatives 6. Such other persons as Employment Permit?
may be authorized by the DOLE Secretary 1. Members of the governing Board with
6. Construction contractors voting rights only and do not intervene in
the management of the corporation or in the
B. EMPLOYMENT OF NON-RESIDENT day-to-day operation of the enterprise.
ALIENS 2. President and Treasurer, who are part-
owners of the company.
Q: Who needs to apply for an Alien Employment 3. Those providing Consultancy services who
Permit? do not have employers in the Philippines.
1. Any alien seeking admission to the 4. An intra-corporate transferee who is a
Philippines for employment purposes, and Manager, Executive, or Specialist
2. Any domestic or foreign employer who 5. Contractual service supplier who is a
desires to engage an alien for employment Manager, Executive, or Specialist
in the Philippines. (Labor Code, Art. 40) 6. Representative of the Foreign
Principal/Employer assigned in the Office
Art. 40 of the Labor Code which requires of Licensed Manning Agency (OLMA) in
employment permit refers to non-resident aliens. accordance with the POEA law, rules, and
Resident aliens do not fall within the ambit of the regulations (Section 3, D.O. No. 186-17)
provision. (Almodiel v. NLRC, 223 SCRA 341, 1993)
ILLEGAL RECRUITMENT OF OVERSEAS
An alien cannot file a labor complaint without having FILIPINO WORKERS
obtained an employment permit. (Andrew James
McBurnie v. Eulalio Ganzon, 707 SCRA 646, 2013) Q: What is illegal recruitment under the Migrant
Workers Act?
Q: Who is exempted from securing an Alien A: Any act of canvassing, enlisting, contracting,
Employment Permit? transporting, utilizing, hiring, or procuring workers
1. All members of the Diplomatic service and and includes referring, contract services, promising
foreign government officials accredited by and or advertising for employment abroad, whether for
with reciprocity arrangement with the Philippine profit or not, when undertaken by non-licensee or
government; non-holder of authority contemplated under the
2. Officers and staff of International organizations Labor Code. (R.A. No. 8042, Sec. 6)
of which the Philippine government is a
member, and their legitimate Spouses desiring Q: When is illegal recruitment committed?
to work in the Philippines; A: Illegal recruitment is committed when two
3. Owners and representatives of foreign elements concur, namely; (1) the offender has no
principals whose companies are accredited by valid license or authority required by law to enable
the POEA, who come to the Philippines for a one to lawfully engage in the recruitment and
limited period and solely for the purpose of placement of workers; and (2) he undertakes either
Interviewing Filipino applicants for employment
abroad;
4. Foreign national who comes to the Philippines 8042, or any of the prohibited practices enumerated
to teach, present, and/or conduct research under Article 34 of the Labor Code. (People vs.
studies in universities and colleges as visiting, Gutierrez, 422 SCRA 32, 2004)
exchange, or adjunct Professors under formal
agreements between the universities or Q: Who are illegal recruiters?
colleges in the Philippines and foreign 1. Non-Licensee or Non-Holder of Authority
universities or colleges; or between the
Philippine government and foreign government: The offender commits:
provided that the exemption is on a reciprocal a. Any of the acts defined in Art. 13(b) of the
basis; Labor Code as recruitment and
5. Permanent Resident foreign nationals, placement;
probationary or temporary resident visa b. Illegal recruitment as defined in ¶ 1, Sec.
holders; 6 of R.A. No. 8042, or amended; or
6. Refugees and stateless persons recognized by c. Any of the 14 acts enumerated in Sec. 6
DOJ; and of R.A. No. 8042, as amended
7. All foreign nationals granted an exemption by
Law. (Section 2, D.O. No. 186-17)

Licensed Recruiter or Holder of Authority responsibilities of such parties towards the

contracted employees under the agreement do not
The offender commits any of the 14 at all end, but the same extends up to and until the
wrongful acts enumerated in Sec. 6 of R.A. expiration of the employment contracts of the
No. 8042, as amended (Sto. Tomas v. employees recruited and employed pursuant to the
Salac, G.R. No. 152642, 2012). said recruitment agreement. (Catan v. NLRC, G.R.
No. 77279, 1988).
Q: What are the kinds of illegal recruitment?
1. Simple Illegal Recruitment - committed by a
person who is neither a licensee nor a holder
of authority;
2. Illegal Recruitment as Economic Sabotage -
committed by a syndicate; or in large scale,
shall be considered an offense involving
economic sabotage. (R.A. No. 10022, Sec.
5[m])
Q: What are the entitlements of an OFW

dismissed without just, valid, or authorized
cause?
A:
1. Full reimbursement of the placement fee
with interest at 12% per annum PLUS
2. His salary for the unexpired portion of his
employment contract OR salary for 3
months for every year of the unexpired
term, WHICHEVER IS LESSER. (R.A. No.
8042, Sec. 10)
months for every year of the unexpired term,
promulgation of R.A. 10022 in 2010, the Supreme

Court reiterated its finding in Serrano v. Gallant
Maritime that limiting wages that could be recovered
by an illegally dismissed overseas worker to three
months is both a violation of due process and the
equal protection clauses of the Constitution.
(Sameer Overseas Placement Agency v. Cabiles,
G.R. 170139, 2014)
Q: What is the theory of imputed knowledge?

A: For the liability of the agent to attach, this theory
states that the agent knew of and consented to the
extension of the period of employment. Otherwise,
the liability of the recruitment agency shall expire
from the termination of the worker's original
contract. (Sunace International Management v.
NLRC, G.R. No. 161757, 2006)
Q: What is the solidary liability in illegal

recruitment?
A: The obligations covenanted in the recruitment
agreement entered into by and between the local
agent and its foreign principal are not coterminous
with the term of such agreement so that if either or
both of the parties decide to end the agreement, the

or methods to be employed in attaining it.

III. LABOR STANDARDS
These aim only to promote the result. NO
EER exists.
1. EMPLOYER-EMPLOYEE 2. Rules that control or fix the methodology and
RELATIONSHIP bind or restrict the party hired to the use of
such means. This address both the result
2. TEST TO DETERMINE THE and the means used to achieve it and hence,
EXISTENCE EER exists (Insular Life Assurance Co, Ltd.
v. NLRC, G.R. No. 84484, 1989)
Q: What is the four-fold test?
1. The power to hire, i.e., the selection and 3. EMPLOYEE VS. INDEPENDENT
engagement of the employee; CONTRACTOR
2. The payment of wages;
3. The power of dismissal; and Q: What is labor-only contracting?
4. The employer's power to control the A: This refers to an arrangement where the
employee's conduct or the so-called contractor or subcontractor recruits, supplies, or
"control test." The control test is commonly places workers to perform a job or work for a
regarded as the most important indicator of principal, and the elements hereunder:
the presence or absence of an employer- 1. The contractor does not have substantial
employee relationship. Under this test, an capital; or the contractor or subcontractor
employer-employee relationship exists does not have investments in the form of
where the person for whom the services are tools, equipment, machineries, supervision,
performed reserves the right to control not or work premises, among others; and the
only the end achieved but also the manner
and means to be used in reaching that end. recruited and placed are performing
(Century Properties Inc., v. Babiano, G.R. activities which are directly related to the
No. 220978, 2016) main business operation of the principal; or
2. The contractor or subcontractor does not
Q: What is the two-tiered test? exercise the right of control over the work
A: In cases where the control test is insufficient to of the employee (D.O. No. 174-17, Sec. 5)
determine the relationship between the parties, the
Francisco doctrine adds another test, applied in Q: What are the elements of legitimate
conjunction with the control test, called the contracting or subcontracting?
economic dependence test. 1. The contractor is engaged in a distinct and
1. FIRST TIER: CONTROL TEST independent business and undertakes to
perform the job or work on its own
the employee with respect to the means responsibility according to its own method;
and methods by which the work is to be 2. The contractor or subcontractor has
accomplished. substantial capital and/or investment;
2. SECOND TIER: ECONOMIC REALITY 3. The contractor undertakes to perform the
TEST (ALSO, ECONOMIC DEPENDENCE job, work, or service on its own
TEST) responsibility, according to its own manner
Under this test, the economic realities and method, and free from control and
prevailing within the activity or between the direction of the principal in all matters
parties are examined, taking into connected with the performance of the
consideration the totality of circumstances work except as to the results thereof; and
surrounding the true nature of the 4. The Service Agreement ensures
relationship between the parties. This is compliance with all the rights and benefits
resorted to when there is serious doubt or for all of the employees of the contractor or
genuine confusion as to the relationship of subcontractor under Labor laws. (D.O. No.
the employee with the employer. 174-17, Sec. 8)
(Francisco v. NLRC, G.R. No. 170087,
2006) Q: What is the right to control?
Q: When does control amount to establishing an A: Right reserved to the person for whom the
employer-employee relationship? services of the contractual workers are performed,
1. Rules that merely serve as guidelines to determine not only the end to be achieved but
towards the achievement of mutually also the manner and means to be used in reaching
desired results without dictating the means that end. (D.O. No. 18-A, Sec. 3[i])

Q: What is required for labor-only contracting to 8. Compensation for holiday work

exist? 9. Service incentive leave/service incentive leave
A: Only one of either (i) substantial capital or (ii) pay
performing activities related to the main business is 10.Service Charges
required. Performing activities directly related to the 11.Holiday pay
principal business of the employer is only one of the
two indicators that "labor-only" contracting exists; Q: Who is covered by the provisions on Working
the other is lack of substantial capital or investment. Conditions and Rest Periods?
Labor-only contracting exists when any of the two A: All employees in all establishments and
elements are present. (Quintanar, et al. v. Coca- undertakings, whether for profit or not. Labor Code,
Cola, G.R. No. 210565, 2016) Art. 82)
Q: What is substantial capital? Q: Who is excluded from the provisions on
A: It refers to capital stocks and subscribed
Working Conditions and Rest Periods? (Go Ma-
capitalization in the case of corporations, tools,
FiFa-DoPeR)
equipment, implements, machineries, and work
A: There are seven (7) classifications of employees
premises, actually and directly used by the
contractor or subcontractor in the performance or excluded from the provisions:
completion of the job, work or service contracted out 1. Governmental employees
(D.O. No. 18-02, Sec. 5) 2. Managerial employees
3. Field personnel
It also refers to paid-up capital stocks/shares of at 4. Members of the Family of the employer who is
least Five Million Pesos (P5,000,000.00) in the case dependent on him for support
of corporations, partnerships, and cooperatives; in 5. Domestic helpers
the case of single proprietorship, a net worth of at 6. Persons in the personal service of another
least Five Million Pesos (P5,000,000.00). (D.O. No. 7. Workers who are paid by result
174-17, Sec. 3, (i)) (Labor Code, Art. 82)
The law does not require both substantial capital Q: For purposes of the exclusion, what is meant
and investment in the form of tools, equipment, and
machineries. This is clear from the use of the A: Managerial employees are those who meet all
the following conditions:
v. CA, et al., G.R. No. 154715, 2003) (a) Their primary duty consists of the management
of the establishment in which they are
Q: What is the test to determine the existence of employed or of a department or sub-division
an independent contractor? thereof.
A: Whether one claiming to be an independent (b) They customarily and regularly direct the work
contractor has contracted to do the work according of two or more employees therein.
to his own methods and without being subject to the (c) They have the authority to hire or fire employees
control of the employer, except only as to the results of lower rank; or their suggestions and
of the work. (SMC v. Aballa, G.R. No. 149011, 2005) recommendations as to hiring and firing and as
to the promotion or any other change of status
C. CONDITIONS OF EMPLOYMENT of other employees, are given particular
weight. (IRR Labor Code, Book III, Rule I, Sec.
1. COVERED EMPLOYEES 1; Penaranda v. Baganga Plywood Corp., G.R.
159577, 2006)
Q: What labor standards are covered by the
provisions of the Labor Code on Book Three This definition is only for purposes of the exemption
Title I: Working Conditions and Rest Periods? and is different from the definition under the Labor
(RROR-NWACSSH) Code.
1. Regular working hours
2. Regular normal working days Q: What are the duties and responsibilities of
3. Overtime work managerial staff? (PODATS-20)
4. Regular meal period A: These help determine whether an employee is
5. Night shift differential pay part of the managerial staff, excluded from the
6. Weekly rest periods coverage of the provisions on hours of work
7. Additional compensation on scheduled rest day,
Sunday, or special holiday work

1. The primary duty consists of the a. The imminence of the resumption

performance of work directly related to the of work requires the employee's
management policies of the employer; presence at the place of work; or
2. Managerial staff customarily and regularly b. The interval is too brief to be utilized
exercise discretion and independent effectively and gainfully in the
judgment; employee's own interest. (IRR of
3. They regularly and directly assist a Labor Code, Sec. 4, Book III, Rule
proprietor/managerial employee, whose I)
primary duty consists of the management of
the establishment, or execute under general Q: What are the normal hours of work?
supervision work along specialized or A: Normal work hours shall not exceed 8 hours a
technical lines requiring special training, day. Anything beyond 8 hours is considered
experience, or knowledge, or execute under overtime work. (Labor Code, Art. 83)
general supervision special assignments
and tasks; Q: What is a Compressed Work Week?
4. Managerial staff does not devote more than A: A compressed workweek scheme is one wherein
20% of their work hours in a week to the normal 6-day workweek is compressed to 5
activities which are not directly and closely days, which may result in more than an 8-hour
related to the management of the workday. No overtime pay would be paid for the
establishment. (Penaranda v. Baganga excess. (Department Order No. 21-90/ DOLE
Plywood Corp., G.R. 159577, 2006). Advisory No. 2-09 and No. 02-04)
Q: Who are field personnel? Q: What standards must be met for a valid
A: Field personnel are non-agricultural employees compressed work week?
who regularly perform their duties away from the A: According to the Department Advisory Opinion
principal place of business or branch office and No. 32-2004, CWW schemes must:
whose actual hours of work in the field cannot be 1. Result from an express and voluntary
determined with reasonable certainty. (Autobus agreement of the majority of the covered
Transport v. Bautista, G.R. No. 156367, 2005) employees.
2. In firms using substances and processes
2. HOURS OF WORK that prolonged exposure to which may pose
there must be a certification that work

Q: What are the principles in determining hours
beyond 8 hours is within the threshold limits
worked?
1. All hours are hours worked which the to exposure.
employee is required to give to his employer, 3. Employer must notify DOLE, through the
regardless of whether or not such hours are regional office, of the CWW scheme. This
spent in productive labor or involve physical must follow the CWW Report Form of DOLE.
or mental exertion.
2. An employee need not leave the premises Q: What standards must be met for a valid
of the workplace in order that his rest period reduction of work hours pursuant to a
shall not be counted, it being enough that he compressed work week?
stops working, may rest completely, and A: While financial losses must be shown to reduce
may leave his workplace. the work hours of employees, no guidelines have
been set to determine the sufficiency of losses to
3. If the work performed was necessary or it
benefited the employer, or the employee justify the reduction.
In the case of Linton Commercial vs. Hellera (G.R.
could not abandon his work at the end of his
No. 163147, 2007), the SC applied the standards for
normal working hours because he had no
suspension of work [not to exceed 60 days] and
replacement, all time spent or such work
retrenchment:
shall be considered as hours worked, if the
1. The losses incurred are substantial and not
work was with the knowledge of his
de minimis;
employer or immediate supervisor.
2. The losses are actual or reasonably
4. The time during which an employee is
imminent;
inactive by reason of interruptions in his
work beyond his control shall be considered
working time either if:

3. The retrenchment is reasonably necessary avoid serious loss which the employer would
and is likely to be effective in preventing the otherwise suffer; and
expected losses; and 4. Where the work is necessary to prevent
4. The alleged losses, if already incurred, or serious loss of perishable goods (IRR Labor
the expected imminent losses sought to be Code, Sec. 7, Rule I Book III)
forestalled, are proven by sufficient and
convincing evidence Note: These are the situations when meal periods
can be reduced to less than 1 hour but not less than
Q: What are the regular work hours of hospital 20 minutes. As far as compensability is concerned,
and clinic personnel? as long as the meal period is less than 1 hour, the
A: Hospital and clinic personnel can start and end period becomes compensable.
work at any hour on any day but would not work for
more than 8 hours in a day, nor more than 40 hours Q: When is waiting time considered working
in one week. (Labor Code, Art. 83) time?
A: Waiting time spent by an employee shall be
Q: Is there overtime work for hospital and clinic considered as working time if:
personnel? 1. Waiting is an integral part of his work; or
A: Yes. Hospital and clinic personnel may be 2. The employee is required or engaged by the
scheduled to work for more than 5 days or 40 hours employer to wait. (IRR Labor Code, Sec.
a week if they are paid overtime. (+ at least 30% 5[a], Rule 1, Book III)
regular rate. (Labor Code, Art. 83)
Q: Can the right to claim overtime pay be
Q: What are the rules governing compensability waived?
during power interruptions (brownouts)? A: No. The right to claim overtime pay is governed
A: by law and not merely by the agreement of the
and parties. (Manila Terminal v. CIR, G.R. No. L-4148,
1. Brownout does not exceed 20 minutes, it will 1952)
be treated as hours worked
2. Brownout exceeds 20 minutes and the Q: Is there an exception?
employees can leave freely, it will not be A: YES. If the waiver is done in exchange for certain
compensable valuable privileges which compensate for such
3. Brownout exceeds 20 minutes and the work, the waiver may be valid. If there is a stipulation
employees can use the time however they regarding built-in overtime pay, duly approved by
want, it will not be compensable DOLE, then the non-payment of overtime is valid.
(Bisig Manggagawa sa Tryco v. NLRC, G.R. No.
In each case, the employer may extend the working 151309, 2008)
hours of his employees outside the regular
schedules to compensate for the loss of productive Q: Is Composite or Package Pay illegal per se?
hours without paying overtime. (Durabuilt A: -inclusive
Recapping Plant & Co. vs. NLRC, G.R. No. 76746,
July 27, 1987) already built-in. (Trans-Asia Phils. Employees
Association v. NLRC, G.R. No. 118289, 1999)
Q: When is Meal Break compensable?
A: General Rule: Not less than 1-hour time-off for Q: May undertime be offset by overtime?
regular meals non-compensable A: NO. Undertime work on any particular day shall
Exception: Meal period of not less than 20 minutes not be offset by overtime work on any other day.
in the following cases are compensable hours Permission given to the employee to go on leave on
worked: some other day of the week shall not exempt the
1. Where the work is non-manual work in employer from paying the additional compensation.
nature or does not involve strenuous (Labor Code, Art. 88)
physical exertion;
2. Where the establishment regularly operates Q: Is Emergency OT work allowed? (P2W2IM)
not less than 16 hours a day; A: General Rule: Employees cannot be compelled
3. In case of actual or impending emergencies to render overtime work against their will.
or there is urgent work to be performed on
machineries, equipment, or installations to

Exceptions:
1. Country at War/National or Local Q: When are pregnant women allowed to work at
Emergency night?
2. Completion of work started before the 8th
hour and is necessary to Prevent serious A: Only if a competent physician other than the
obstruction or prejudice to the business company physician shall certify their fitness to
3. Urgent work to be performed on Machines to render night work, and specify the period of the
avoid serious loss or damage to the pregnancy that they can safely work. (Labor Code,
employer Art. 158, as amended by R.A. No. 10151)
4. Necessary to Prevent the loss of
life/property or Imminent danger to public 3. REST PERIODS
safety
5. Necessary to prevent loss or damage to Q: When is work on a rest day authorized?
Perishable goods (UAAP FAN)
6. Necessary to avail of favorable Weather or A: Work on a rest day is authorized:
environmental condition (Labor Code, Art. 1. In case of Urgent work to be performed on
89) machineries, equipment, or installations to
avoid serious loss which the employer would
Q: How much is an employee entitled to for otherwise suffer
overtime? 2. In case of Actual or impending
A: Regular wage rate + At least 25% (Labor Code, emergencies caused by a serious accident,
Art. 87) fire, flood, typhoon, earthquake, epidemic,
or other disaster or calamity, to prevent loss
Q: How much is an employee entitled to for night of life or property, or in cases of force
shift differential? majeure or imminent danger to public safety
A: At least 10% (10pm-6am) (Labor Code, Art. 86) 3. In the event of Abnormal pressure of work
due to special circumstances, where the
Q: What if someone is certified unfit for employer cannot ordinarily be expected to
nightwork? resort to other measures
A: They should be transferred, whenever 4. To Prevent the serious loss of perishable
practicable, to another job similar to their old one. If goods
not practicable, these workers should be granted the 5. When the work is necessary to avail of
same benefits as other workers unfit for work. If the Favorable weather conditions where
unfitness is temporary, he enjoys the same performance or quality of work is dependent
protection against dismissal or notice as other thereon
workers prevented from work by reason of health. 6. Under other Analogous or similar
(Labor Code, Art. 157, as amended by R.A. No. circumstances
10151) 7. Where the Nature of the work is such that
the employees have to work continuously for
Q: What if a woman is pregnant? 7 days a week or more as in the case of crew
A: The amendment by R.A. No. 10151 dictates that members of a vessel to complete a voyage
measures shall be taken to ensure that an and in other similar cases (Labor Code, Art.
alternative to night work is available to women 92)
workers who would otherwise be called upon to
perform such work Q: Can an employee volunteer to work on his
1. Before or after childbirth, for a period of at rest day?
least 16 weeks, which shall be divided A: Yes. This must, however, be in writing, subject to
between the time before and after childbirth; payment of additional compensation. (IRR Labor
2. For additional periods in respect of which a Code, Sec. 6, Rule III, Book III)
medical certificate is produced stating that
said additional periods are necessary for the
health of the mother or the child
a. During pregnancy
b. Determined by DOLE after
consultation with employer and
labor representatives

Q: What is the remuneration of an employee 4. HOLIDAYS

working on a rest day?
A: Q: What are the different rates of premium pay
SCENARIO REMUNERATION for holidays?
Where the + at least 30% of his REGULAR HOLIDAYS
employee is regular wage. Falling On A Regular Workday
made or An employee shall be
permitted to work entitled to such Unworked 100% (EXCEPT: in retail and
on his scheduled additional compensation service establishments
rest day for work performed on employing less than 10
Sunday only when it is workers) Holiday Pay
The nature of the
work of the his established rest day.
Worked First 8 Hours 200%
employee is such + at least 30% of his
regular wage for work Excess of 8 + 30% of
that he has no Hours hourly rate on
regular workdays performed on Sundays
and holidays said day
and no regular
Falling On A Rest Day
rest days can be
scheduled Unworked 100%
Work performed + at Where Worked First 8 hours
+ 30% of
on any special least such 200%
holiday 30% of holidays Excess of 8 + 30% of
the falls on the hours hourly rate on
regular said day
wage scheduled SPECIAL HOLIDAYS
of the rest day, +
employ at least 50% Unworked NO PAY, unless there is a
ee of his favorable company policy,
regular practice, or CBA granting
wage payment of wages on special
Where the CBA Employer shall pay such days even if unworked
or other higher rate.
Worked First 8 hours + 30% of the
applicable daily rate
employment
(100%)
contract
stipulates Excess of 8 + 30% of
hours hourly rate on
payment of a
higher premium said day
(Labor Code, Art. 93)
SPECIAL WORKING HOLIDAYS only the
basic rate
Q: What are the Regular Holidays?

A: The following regular holidays for the year 2019
shall be observed in the country:
1 January
Araw ng Kagitingan 9 April
Maundy Thursday 18 April
Good Friday 19 April
Labor Day 1 May
Independence Day 12 June
National Heroes Day August (Last Monday
of August)
Bonifacio Day 30 November
Christmas Day 25 December
Rizal Day 30 December

Eidul Fitr To be determined (Labor Code, Art. 100; Republic Planters Bank v.
Eidul Adha To be determined NLRC, G.R. 117460, 1997).
(Proclamation No. 50, s. 2016; Proclamation No. However, the same may not be said on the matter
555, August 15, 2018) of increasing said benefits. The employer and the
employee are not prohibited under the law to enter
Q: What are the Special Non-Working Days?
into an agreement for the increase of whatever
A: The following special days for the year 2019 shall
be observed in the country: benefit is being mandated by law for the simple
reason that any such increase certainly redounds to
Chinese New Year 5 February the benefit of the employee. Thus, the employer and
the employee may legally and validly agree to
EDSA People Power 25 February
Revolution increase the minimum percentage provided for night
Anniversary differential pay, overtime pay, and premium pay.
(Republic Planters Bank v. NLRC, G.R. 117460,
Black Saturday 20 April 1997).
Ninoy Aquino Day 21 August
1 November A:
Feast of the Immaculate 8 December SCENARIO REMUNERATION
Conception of Mary Where the + at least 30% of his
employee is regular wage.
Last Day of the Year 31 December made or
permitted to An employee shall be
Additional Special (Non- 2 November
work on his entitled to such
working) Days 24 December
scheduled additional
(Proclamation No. 555, August 15, 2018) rest day compensation for
work performed on
The nature of Sunday only when it is
Q: What is double holiday pay? the work of his established rest
1. If unworked employee entitled to 200% of the employee day.
the basic wage, provided he was present or is such that
on leave with pay on the preceding work day he has no + at least 30% of his
2. If worked employee entitled to 300% of the regular regular wage for work
basic wage. Only an employee who works workdays and performed on
on the day immediately preceding or after a no regular Sundays and holidays
regular holiday shall be entitled to the rest days can
holiday pay. A paid legal holiday occurring be scheduled
during the scheduled vacation leave will Work at least Where
result in holiday payment in addition to performed on 30% of the such
normal vacation pay but will not entitle the any special regular holidays
employee to another vacation leave. (Asian holiday wage of falls on the
the
Transmission v. CA, GR No. 144664, March
employee scheduled
15, 2004)
rest day,
Q: Can an employer and an employee enter into + at least
an agreement reducing or increasing the 50% of his
minimum percentage provided for night regular
differential pay, overtime pay, and premium wage
pay? Where the Employer shall pay such
A: While as a general rule, the parties may enter into CBA or other higher rate.
any kind of stipulation in a contract and the same applicable
shall be considered as the law between them, employment
however, it must be emphasized that a labor contract
contract is not an ordinary contract since it is stipulates
impressed with public interest. Thus, the parties are payment of a
prohibited to enter into any stipulation which may higher
result in the reduction of any employee benefits. premium
(Labor Code, Art. 93)

5. SERVICE CHARGES of the time consumed in the performance

thereof
Q: What are the rules on the distribution of EXCEPTION: where the workers are paid
service charges? on a piece-rate basis, in which case the
1. 85% distributed equally among the covered employer shall grant the required 13th-
employees month pay to such workers.
2. 15% for the disposition by management to 5. 5. Distressed employers, such as (1) those
answer for losses and breakages and which are currently incurring substantial
distribution to managerial employees at the losses or (2) in the case of non-profit
discretion of the management in the latter institutions and organizations, where their
case income, whether from donations,
contributions, grants, and other earnings
Distributed and paid to the employees from any source, has consistently declined
not less than once every 2 weeks or by more than forty (40%) percent of their
twice a month at intervals not exceeding normal income for the last two (2) years,
16 days. subject to the provision of Section 7 of this
issuance (IRR, Section 3(a) P.D. No. 851).
3. Supervisors share in the 15%. Labor Code
D. WAGES
(Labor Code, Art.
96) Q: Differentiate Wage from Salary.
WAGE SALARY
6. 13th MONTH PAY Paid for skilled or Paid to white-collar
unskilled manual workers and
Q: Who is entitled to claim 13th-month pay and labor denote a higher
other bonuses? grade of
A: All employers are required to pay all their rank- employment
and-file employees, a 13th month pay not later than Not subject to Not exempt from
December 24 of every year. (P.D. No. 851, Sec. 1) execution, execution,
garnishment, or garnishment, or
Q: Who are the employers not required to give attachment except attachment. (Gaa
the 13th-month pay and other bonuses? for debts related to v. CA, G.R. No. L
A: The following are excluded: necessities (Art. 44169, 1985)
1. Government and any of its political 1708, Civil Code)
subdivisions, including GOCCs, except
those corporations operating essentially as Q: What are the allowable forms of Payment of
private subsidiaries of the Government; wages?
2. Employers already paying their employees A: General Rule: No employer shall pay the wages
13th-month pay or more in a calendar year of an employee by any other means other than legal
or its equivalent at the time of issuance of tender, even when expressly requested by the
PD 851 employee. (Congson v. NLRC, G.R. No. 114250,
NOTE: includes Christmas April 5, 1995)
bonus, mid-year bonus, cash bonuses, and
other payments amounting to not less than Exception: Payment of wages by check or money
1/12 of the basic salary but shall not include order shall be allowed when such manner of
cash and stock dividends, COLA, and all payment is customary on the date of effectivity of
other allowances regularly enjoyed by the this Code or is necessary because of special
employee as well as non-monetary benefits. circumstances as specified in appropriate
3. Employers of persons in the personal regulations to be issued by the Secretary, or as
service of another in relation to such workers stipulated in a CBA. (Labor Code, Art. 102)
4. Employers of those who are paid on a
commission, boundary, or task basis, and Q: When is payment through the automated
those who are paid a fixed amount for the teller machine (ATM) of banks allowed?
performance of a specific work, irrespective A: It is allowed when the following conditions are
met:

1. The ATM system of payment is with the by Article 100?

written consent of the employees A: -
concerned; diminution rule refers to monetary benefits or
2. The employees are given reasonable time to privileges given to the employee with monetary
withdraw their wages from the bank facility equivalents. This removed the chairs provided to the
which time if done during working hours, employees from the purview of Article 100 of the
shall be considered compensable hours Labor Code. (Royal Plant Workers Union vs. Coca-
worked; Cola Bottlers Philippines, Inc.-Cebu Plant, G.R.
3. The system shall allow workers to receive 198783, 2013).
their wages within the period or frequency
and in the amount prescribed under the Q: When is there a diminution of benefits?
Labor Code, as amended; A: There is a diminution of benefits when it is shown
4. There is a bank or ATM facility within a that:
radius of one kilometer to the place of work; 1. The grant or benefit is founded on a policy
5. Upon request of the concerned employee/s, or has ripened into practice over a long
the employer shall issue a record of period of time
payment of wages, benefits, and deduction 2. The practice is consistent and deliberate
for a particular period; 3. The practice is not due to error in the
6. There shall be no additional expenses and construction or application of a doubtful or
no diminution of benefits and privileges as a difficult question of law
result of the ATM system of payment; 4. Diminution or discontinuance is done
7. The employer shall assume responsibility in unilaterally by the employer. (Supreme Steel
case the wage provisions of law and v. Nagkakaisang Manggagawa, G.R. No.
regulation are not complied with under the 185556, 2011).
arrangement. (Labor Advisory on Payment
of Salaries thru Automated Teller Machine Q: What is the rule regarding the non-diminution
(ATM), November 25, 1996) of benefits?
A: General Rule: Nothing in the Labor Code shall
Q: Differentiate Facilities from Supplements. be construed to eliminate or in any way diminish
supplements, or other employee benefits being
FACILITIES SUPPLEMENTS
enjoyed at the time of promulgation of the Labor
What it is Code. Benefits being given to employees shall not
Necessary items of Extra remuneration or be taken back or reduced unilaterally by the
expense, articles, or special privileges/ employer because the benefit has become part of
services benefits/ articles or the employment contract, written or unwritten.
services/tools of the trade (Labor Code, Art. 100)
Who Benefits
For the benefit of the For the benefit or Exception: To correct an error, otherwise, if the
employee and his convenience of the error is left uncorrected for a reasonable period of
family; for their employer time, it ripens into a company policy, and employees
existence and can demand it as a matter of right. The non-
subsistence diminution principle is applicable if it is shown that:
Deductibility from wage 1. The practice is consistent and deliberate
(Metrobank v. NLRC, G.R. No. 152928,
Part of the wage Independent of the wage 2009)
2. The diminution or discontinuance is done
Deductible from the Not wage deductible unilaterally by the employer (Steel
wage Corporation v. Nagkakaisang
Deductible from the Not wage deductible Manggagawang Supreme Independent
wage Union, G.R. No. 185556, 2011);
3. The grant of the benefit is founded on a
(State Marine v. Cebu, G.R. No. L-12444, 1963) policy or has ripened into practice over a
long period (Phil. Appliance Corp. v. CA,
G.R. No. 149434, 2004); and
4. The practice is not due to error in the
construction or application of a doubtful or

difficult question of law (Vergara, Jr., v. 10. Withholding Tax (Azucena, Volume I)
Coca-Cola, G.R. No. 176985, 2013)
Q: Is a union prohibited from offering and
Q: Is a bonus demandable and enforceable? agreeing to reduce wages and benefits of the
A: From a legal point of view, a bonus is not employees?
demandable. It becomes so when it is made part of
the wage or salary or compensation. In that case, A: NO. The Labor Code prohibits the elimination or
the latter would be a fixed amount and the former diminution of benefits already being enjoyed at the
would be a contingent one dependent upon the time of its promulgation. It does not prohibit a union
realization of profits. Without profit, no bonus. from offering and agreeing to reduce wages and
(Luzon Stevedoring v. CIR, G.R. L-17411, 1965). benefits of the employees during CBA negotiations.
(Insular Hotel Employees Union v. Waterfront, G.R.
Q: What is the rule on prohibition regarding 174040-41, 2010).
wages?
A: As a general rule, an employer, by himself or -diminution
through his representative, is prohibited from rule refers to monetary benefits or privileges given
making any deductions from the wages of his to the employee with monetary equivalents. This
employees. The employer is not allowed to make removed the chairs provided to the employees from
unnecessary deductions without the knowledge or the purview of Article 100 of the Labor Code. (Royal
authorization of the employees. (Galvadores v. Plant Workers Union vs. Coca-Cola Bottlers
Trajano, G.R. No. L-70067, 1986) Philippines, Inc.-Cebu Plant, G.R. 198783, 2013).
Q: What deductions are allowed under Article Q: What is a wage order?

113? A: An order issued by the Regional Board whenever
1. In cases where the worker is insured with the conditions in the region so warrant after studying
his consent by the employer, and the and investigating and studying all pertinent facts;
deduction is to recompense the employer for and based on the standards and criteria prescribed
the amount paid by him as a premium for the by the Labor Code. (Labor Code, Art. 123)
insurance;
2. For union dues, in cases where the right of A wage order adjusts the minimum level but not the
the worker or his union to check off has been levels above the minimum. It does not mandate
recognized by the employer or authorized in across-the-board salary increases.
writing by the said worker;
3. In cases where the employer is authorized Q: Who is not included in a Wage Order?
by law or regulations issued by the SOLE. A: Household or domestic helpers and persons
employed in the personal service of another,
Q: What are the other deductions allowed? including family drivers, from its coverage (Sec.
A: The Labor Code and other laws provide for other 4(c), R.A. No. 6727).
allowable deductions: (DUMP-LAW-CAT) Under the Kasambahay law, Regional Wage Boards
1. In cases where the employee is indebted to must issue separate Wage Order for Kasambahay.
the employer, where such indebtedness has Exempt upon application:
become Due and demandable 1. Distressed establishments
2. Union dues 2. New business enterprises
3. Deductions for the value of Meals and other 3. Retail/Service establishments employing
facilities not more than 10 workers and
4. In court awards, Wages may be the subject 4. Establishments adversely affected by
of execution or attachment, but only for natural calamities (Section 2, NWPC
debts incurred for food, shelter, clothing, and Guidelines No. 2, s. 2007).
medical attendance
5. SSS, Medicare, Pag-IBIG Premiums Q: What is wage distortion?
A: A wage distortion is a situation where an
6. Deductions for Loss or damage
7. Agency fee increase in the prescribed wage rates results in the
elimination or severe contraction of intentional
8. Salary deductions of a legally established
quantitative differences in wage or salary rates
Cooperative
between and among employee groups in an
9. Deductions for payment to 3rd persons,
establishment to effectively obliterate the
upon written Authorization of the employee

distinctions embodied in such wage structure based There are, however, other causes of wage
on skills, length of service, or other logical bases of distortions (such as merger).
differentiation. (Labor Code, Art. 124)
Should a wage distortion exist, there is no legal
Q: What are the elements of wage distortion? requirement that the gap which had previously
(HCEE) existed be restored in precisely the same amount.
A: The elements are: Correction of a wage distortion may be done by re-
1. An existing Hierarchy of positions with establishing a substantial or significant gap (as
corresponding salary rates; distinguished from the historical gap) between the
2. A significant Change in the salary rate of a wage rates of the different classes of employees.
lower pay class without a concomitant
increase in the salary rate of a higher one; The re-establishment of a significant wage
3. The Elimination of the distinction between difference may be done through the grievance
the two levels; and procedure or collective bargaining negotiations.
4. The Existence of the distortion in the same
region of the country. (Bankard Employees E. LEAVES
Union-Workers Alliance v. NLRC, G.R. No.
140689, 2004). 1. SERVICE INCENTIVE LEAVE
Q: How would one correct a wage distortion? Q: Who is covered by the Service Incentive
(VACAC) Leave (SIL)?
A: The following are valid ways for correcting a A: Every employee who has rendered at least 1 year
wage distortion: of service shall be entitled to a yearly SIL of 5 days
1. By voluntary arbitration after prior referral with pay.
to grievance machinery. (Labor Code, Art.
124). EXCEPT:
2. By compulsory arbitration after prior 1. Government employees, whether employed
referral to NCMB conciliation. (Labor Code, by the National Government or any of its
Art. 124); or political subdivisions, including those
3. By provisions in the CBA, which re- employed in GOCCs with original charters or
establishes the wage gap, or a unilateral created under special laws;
grant by the employer which also restores 2. House helpers and persons in the personal
said gap are valid wage distortion schemes. service of another
(National Federation of Labor v. NLRC, G.R. 3. Managerial employees, if they meet all of the
No. 103586, 1994). conditions provided for
4. Officers or members of a managerial staff if
Q: What is the formula for wage distortion? they perform duties and responsibilities
A: NOTE: There is no mandated formula but the enumerated
following equation has been provided in 5. Field personnel and those whose time and
jurisprudence: performance are unsupervised by the
[Minimum Wage / Actual Salary] = % * Prescribed employer;
Increase = Distortion Adjustment 6. Those already enjoying this benefit;
7. Those enjoying vacation leave with pay of at
(Metropolitan Bank & Trust Company Employees least five (5) days; and
Union v. NLRC, G.R. No. 102636, 1993) 8. Those employed in establishments regularly
employing less than ten (10) employees.
Q: Summarize the principles of wage distortion. (Labor Code, Art. 95; Section 2, Rule V, Book III of
A: The concept of wage distortion assumes an the Omnibus Rules)
existing grouping or classification of employees
which establishes distinctions among such
employees on some relevant or legitimate basis.
This classification is reflected in a differing wage
rate for each of the existing classes of employees.
Wage distortions have often been the result of
government-decreed increases in minimum wages.

2. EXPANDED MATERNITY LEAVE recovery and/or in the nursing of the newly-born

child. (R.A. No. 8187, Sec. 3)
Q: What is a Maternity Leave?
A: A female Social Security System (SSS) member Every married male employee in the private and
who has paid at least three (3) monthly contributions public sectors shall be entitled to paternity leave of
in the twelve (12)-month period immediately seven (7) days with full pay for the first four (4)
preceding the semester of her childbirth, deliveries of the legitimate spouse with whom he is
miscarriage, or emergency termination of cohabiting. (R.A. No. 8187, Sec. 2)
pregnancy shall be paid her daily maternity benefit
which shall be computed based on her average Q: What are the conditions for entitlement to
monthly salary credit for one hundred five (105) Paternity Leave? (MAC-BG)
days, regardless of whether she gave birth via
1. A married male employee at the time of
caesarian section or natural delivery.
delivery of his child;
Q: How can Maternity Leave be availed of? 2. Cohabiting with his spouse at the time she
1. Employee shall have Notified her employer gives birth or suffers a miscarriage;
of her pregnancy and the probable date of 3. Applied for paternity leave within a
her childbirth, which notice shall be reasonable period from the expected date of
transmitted to the SSS. delivery or within such period as may be
2. Full payment shall be Advanced by the provided by company rules or by CBA; the
employer within 30 days from the filing of the prior application is not required in case of
maternity leave. miscarriage;
3. Payment of daily maternity benefits shall be 4. Wife has given birth or suffered a
a Bar to the recovery of sickness benefits miscarriage.
provided by the SSS Law for the same 5. Where a male employee is already enjoying
period for which daily maternity benefits the paternity leave benefits by reason of the
have been received. contract, company policy, or CBA, the
4. The maternity benefits provided under this greater benefit prevails.
section shall be paid only for the first 4
deliveries/miscarriages. 4. PARENTAL LEAVE FOR SOLO
5. The SSS shall immediately Reimburse the PARENTS
employer of 100% of the amount of
maternity benefits advanced to the Q: What is a solo parent's leave and how can it
employee by the employer upon receipt of be availed?
satisfactory proof of such payment and A: A parental leave of not more than 7 working days
legality thereof; every year shall be granted to any solo parent
6. If an employee member should give birth or employee who has rendered service of at least 1
suffer miscarriage without the required year.
contributions having been remitted for her by
her employer to the SSS, or without the Conditions for Entitlement: (1NI)
latter having been previously notified by the 1. Has rendered at least 1 year of service, whether
employer of the time of the pregnancy, the continuous or broken;
employer shall pay to the SSS Damages 2. Has notified the employer within a reasonable
equivalent to the benefits which said period;
employee member would otherwise have 3. Has presented a Solo Parent ID to the employer
been entitled to (R.A. No. 9282, Sec. 14-A) which may be obtained from the DSWD office of the
city or municipality where the employee resides
3. PATERNITY LEAVE (IRR of R.A. No. 8972, Sec. 19)
Q: What is a Paternity Leave?

A: Paternity Leave refers to the benefits granted to
a married male employee allowing him not to report
for work for seven (7) days but continues to earn the
compensation therefor, on the condition that his
spouse has delivered a child or suffered a
miscarriage for purposes of enabling him to
effectively lend support to his wife in her period of

5. SPECIAL LEAVES FOR WOMEN Availment

WORKERS Leave of up to ten (10) days in addition to other paid
leaves under the Labor Code, or other laws. (RA
Q: What are special leave benefits under the 9262, Sec. 43,)
Magna Carta for Women?
A: Gynecological Leave benefits of two (2) months NOTE: The VAWC leave may be extended beyond
with full pay based on gross monthly compensation, 10 days. It is extendible when the necessity
for women employees who undergo surgery caused arises as specified in the protection order. (R.A.
by gynecological disorders, provided that they have No. 9262, Sec. 43)
rendered continuous aggregate employment
service of at least six (6) months for the last twelve F. SPECIAL GROUPS OF EMPLOYEES
(12) months. The certification of a competent
physician as required period for recuperation shall 1. WOMEN
be controlling.
Q: What is the rule against discrimination?
Conditions for Entitlement: A: It is unlawful for any employer to discriminate
1. A woman employee must have rendered against any woman employee with respect to terms
continuous aggregate employment service and conditions of employment solely on account of
of at least six (6) months for the twelve (12) her sex (Labor Code, Art. 135)
months immediately prior to the surgery
2. She has filed an application for special leave Q: What are considered acts of discrimination?
with her employer within a reasonable 1. Payment of a lesser compensation,
period of time from the expected date of including wage, salary or other form of
surgery or within such period as may be remuneration and fringe benefits, to a
provided by company rules and regulations female employee as against a male
or collective bargaining agreement; and employee, for work of equal value
3. She has undergone surgery due to 2. Favoring a male employee over a female
gynecological disorders as certified by a employee with respect to promotion, training
competent physician. opportunities, study and scholarship grants
solely on account of their sexes
Q: What are the leave benefits for Women a. Person guilty of committing these
Workers under the VAWC Law? acts are criminally liable under Arts.
A: Under R.A. 9262 or the Anti-Violence Against 288-289 of the Labor Code
Women and their Children Act of 2004, victims of b. That the institution of any criminal
violence may apply for the issuance of a protection action under this provision shall not
order. If such a victim is an employee, she is entitled bar the aggrieved employee from
to a paid leave of up to 10 days in addition to other filing an entirely separate and
paid leaves under the Labor Code, other laws, and distinct action for money claims,
company policies. which may include claims for
damages and other affirmative
Conditions to entitlement reliefs. The actions hereby
1. The employee must submit a certification authorized shall proceed
from the Punong Barangay or Kagawad or independently of each other.
prosecutor or Clerk of Court that an action 3. Favoring a male applicant with respect to
under RA 9262 has been filed and is hiring where the particular job can equally be
pending. handled by a woman; and
2. The use of the 10-day leave is at the option 4. Favoring a male employee over a female
of the employee employee with respect to dismissal of
3. It shall be used for the days that she needs personnel
to attend to medical and legal concerns.
4. Leaves not availed of are non-cumulative Q: When is a rule against marriage valid? When
and not convertible to cash. is it not valid?
A: As a general rule, the Labor Code considers as
an unlawful act of the employer to require as a
condition for or continuation of employment that a
woman employee shall not get married or stipulate

expressly or tacitly that upon getting married, a Q: Who commits sexual harassment?
woman employee shall be deemed resigned or A: When a person demands, requests, or otherwise
separated. requires any sexual favor from the other, regardless
of whether the demand, request or requirement for
In Duncan v. Glaxo Welcome, where the stipulation submission is accepted by the latter. It is not
prohibits an employee from having a relationship necessary that a demand, request or requirement of
with another employee from a competitor company, sexual favor be articulated in a categorical oral or
this stipulation is a valid exercise of management written statement. It may be discerned, with equal
prerogative. n laying down the assailed company certitude, from acts of the offender. (Domingo v.
policy, the employer only aims to protect its interests Rayala, G.R. No. 155831 February 18, 2008).
against the possibility that a competitor company will
gain access to its trade secrets, manufacturing It is committed by one having Authority, Influence,
formulas, marketing strategies and other Moral ascendancy in a Work, Education, Training
confidential programs and information. (G.R. No. related environment. (AIM-WET) (R.A. No. 7877,
162994, 2004) Sec. 3)
However, in PT&T v. NLRC, a company policy of not 2. MINORS

accepting or considering as disqualified from work
any woman worker who contracts marriage runs Q: What are the conditions in order that a child
afoul of the right against discrimination afforded all below 15 years of age is allowed to work? (SH-
women workers by our labor laws and by no less 20-4-8-6)
than the Constitution. (G.R. No. 118978, 1997) A: The following conditions must be met:
1. Must be directly under the sole Supervision
Q: What are the prohibited acts under Art. 137? of his parents or guardian (Labor Code, Art.
A: Art. 137 Prohibited Acts (DEP-R-TeC) It is 139)
unlawful for any employer: 2. Cannot be made to work for more than 20
1. To Deny any woman the benefits provided hours a week
for under the Code 3. Work shall not be more than 4 hours per day
2. To discharge any woman employed by him 4. Should not work between 8pm and 6am
for the purpose of preventing such woman 5. Work is not Hazardous or deleterious to the
from Enjoying the maternity leave, facilities (R.A. No. 9231, Sec.
and other benefits provided under the Code 3)
3. To discharge such woman employee on Q: What are the hazardous workplaces?
account of her Pregnancy, or while on leave A:
or in confinement due to her pregnancy (Del 1. Exposure to dangerous environmental
Monte v. Velasco, G.R. No. 153477, March elements, contaminants
6, 2007). 2. Construction work, deep sea fishing and
4. To discharge or refuse the admission of mechanized farming
such woman upon Returning to her work for 3. Handling of explosives and other
fear that she may be pregnant pyrotechnic products Exposure to use of
5. To discharge any woman or child or any heavy power-driven machinery
other employee for having filed a complaint 4. Exposure to or use of power-driven tools
or having Testified or being about to testify (Sec. 12-D, R.A. 7610, as amended)
under the Code
6. To require as a Condition for a continuation
of employment that a woman employee shall
not get married or to stipulate expressly or
tacitly that upon getting married, a woman
employee shall be deemed resigned or
separated, or to actually dismiss, discharge,
discriminate or otherwise prejudice a
woman employee merely by reason of her
marriage

Q: What are the maximum working hours and Q: May a Kasambahay be assigned to work in
night work prohibition for minors? commercial, industrial or agricultural
enterprise?
15 AND BELOW A: As a general rule, the employer shall not assign
AGE BELOW 15
18 the Kasambahay to work, whether in full or part-
Not more Not more than 8 time, in a commercial, industrial, or agricultural
DAY than 4 hours hours enterprise at a wage rate lower than that provided
for agricultural or non-agricultural workers.
Not more Not more than 40
The mere fact that the househelper or domestic
than 20 hours
WEEK servant is working within the premises of the
hours
business of the employer and in relation to or in
connection with its business, as in its staffhouses for
8pm to 6am 10pm to 6am of its guests or even for its officers and employees,
of the the following day warrants the conclusion that such househelper or
PROHIBITI domestic servant is and should be considered as a
ON following day
regular employee of the employer and not as a mere
family househelper or domestic servant as
contemplated in Rule XIII, Section 1(b), Book 3 of
3. KASAMBAHAY the Labor Code, as amended. (Apex Mining Co.,
Inc. v. National Labor Relations Commission, G.R.
Q: What are the rights and privileges of a No. 94951, April 22, 1991)
Kasambahay? (ANPACE)
1. The domestic worker shall not be subjected 4. HOMEWORKERS
to any kind of Abuse or any form of physical
violence or harassment or any act tending to Q: Who is a Homeworker?
degrade his or her dignity. A: Any person who performs industrial homework
2. The employer shall provide for the basic for an employer, contractor or sub-contractor.
Necessities of the domestic worker to (Labor Code, Art. 153)
include at least three (3) adequate meals a
day and humane sleeping arrangements 5. NIGHT WORKERS
that ensure safety.
3. Respect for the Privacy of the domestic Q: Who is a night worker?
worker shall be guaranteed at all times and A: A night worker is any employed person whose
shall extend to all forms of communication work requires performance of a substantial number
and personal effects. of hours of night work which exceeds a specified
4. The employer shall grant the domestic limit. (Labor Code, Art. 154)
worker Access to outside communication
during free time. Q: Who are covered by the provisions on night
5. All communication and information work?
pertaining to the employer or members of A: All persons who shall be employed or permitted
the household shall be treated as privileged or suffered to work at night. (Labor Code, Art.
and Confidential, and shall not be publicly 154)
disclosed by the domestic worker during and
after employment. Q: Who are excluded from the provisions on
6. The employer shall afford the domestic night work?
worker the opportunity to finish basic A: Those employed in:
Education and may allow access to 1. Agriculture;
alternative learning systems and, as far as 2. Stock raising;
practicable, higher education or technical 3. Fishing; and
and vocational training. (R.A. No. 10361 4. Maritime transport and inland navigation,
Kasambahay Law) during a period of not less than 7
consecutive hours, including the interval
from midnight until 5AM, to be determined

representatives and employers. (Labor an activity in the manner or within the range
Code, Art. 154) considered normal for a human being.
Q: What are night workers entitled to? Q: What is the meaning of equal opportunity for
A: Under R.A. No. 10151, amendments to the Labor employment?
Code, they are entitled to A: No disabled person shall be denied access to
1. A health assessment, at their request, opportunities for suitable employment. Qualified
without charge, and to receive advice on disabled employees shall be subject to same terms
how to reduce health problems associated and conditions of employment and the same
with their work compensation, privileges, benefits, fringe benefits,
a. Before taking up assignment as a incentives or allowances as a qualified able bodied
night worker, or person.
b. At regular intervals during such
assignment, or Q: What are the rights of PWDs?
c. If they experience health problems A: Under the law, PWDs are entitled to equal
during such an assignment which opportunity for employment. Consequently, no PWD
are not caused by factors other shall be denied access to opportunities for suitable
than the performance of nightwork. employment. A qualified employee with disability
2. Mandatory facilities shall be subject to the same terms and conditions of
a. Suitable first aid facilities employment and the same compensation,
b. Arrangements where workers, privileges, benefits, fringe benefits, incentives or
when necessary, can be allowances as a qualified able bodied person.
immediately taken to a place for
appropriate treatment Q: What is the rule against discrimination on
c. Safe and healthful working employment?
conditions A: No entity, whether public or private, shall
d. Resting quarters discriminate against a qualified PWD by reason of
e. Transportation to and from work to disability in regard to job application procedures, the
nearest point to residence. hiring, promotion, or discharge of employees,
f. These are subject to guidelines and employee compensation, job training, and other
exceptions by DOLE terms, conditions and privileges of employment.
(R.A. No. 7277, Sec. 32)
Learnership may or may not be
supplemented by related Resting Q: What are incentives for employers that
quarters employ disabled persons?
A: Private entities that employ disabled persons
6. DISABLED WORKERS who met the required skills or qualifications, either
as regular employee, apprentice or learner, shall be
Q: What are handicapped workers? entitled to an additional deduction, from their gross
A: Those whose earning capacity is impaired by age income, equivalent to 25% of the total amount paid
or physical or mental deficiency or injury, disease or as salaries and wages to disabled persons.
illness. (Labor Code, Art. 78)
Private entities that improve or modify their physical
There must be a link between the deficiency and the facilities in order to provide reasonable
accommodation for disabled persons shall also be
work which entitles the employer to lessen the
entitled to an additional deduction from their net
taxable income, equivalent to 50% of the direct
any way related to the work for which he was hired,
costs of the improvements or modifications.
he should not be so considered as a handicapped
worker.
G. SEXUAL HARASSMENT IN THE WORK
Q: Define persons with disability under R.A. ENVIRONMENT
7277 as amended by R.A. 9442 vis-a-vis
Impairment and Disability. Q: Where Committed (WET)
A: Persons with Disability are those suffering from A:
restriction or different abilities, as a result of a a. Working
mental, physical or sensory impairment, to perform b. Education

c. Training environment otherwise adversely affect said

employee
Q: Who Commits (MEE-PATIS-COT) 2. The above acts would impair the
A:
1. Manager existing labor laws.
2. Employer 3. The above acts would result in an
3. Employee intimidating, hostile or offensive
4. Professor environment for the employee. (R.A. No.
5. Agent of the employer 7877, Sec. 3[a])
6. Teacher
7. Instructor Q: When is Education or Training Environment,
8. Supervisor Sexual Harassment Committed?
9. Coach 1. Committed against one who is under the
10. Trainer care, custody or supervision of the
11. Any Other person having authority, offender;
influence or moral ascendancy over
another (R.A. No. 7877, Sec. 3) 2. Committed against one whose education,
Q: How is Sexual Harassment Committed? training, apprenticeship or tutorship is
A: Person liable demands, requests, or otherwise entrusted to the offender;
requires any sexual favor from the other, regardless
of whether the demand, request or requirement for 3. When the sexual favor is made a condition
submission is accepted by the latter. to the giving of a passing grade, or the
granting of honors and scholarships or the
It is not necessary that a demand, request or payment of a stipend, allowance or other
requirement of sexual favor be articulated in a benefits, privileges, or considerations; or
categorical oral or written statement. It may be
discerned, with equal certitude, from acts of the 4. When the sexual advances result in an
offender. (Domingo v. Rayala, G.R. No. 155831, intimidating, hostile or offensive
2008). environment for the student, trainee or
apprentice. (R.A. No. 7877, Sec. 3[b]
It is also not essential that the demand, request, or
requirement be made as a condition for continued Q: What is the Duty of Employer?
employment or for promotion to a higher position. It 1. Promulgate appropriate rules and
ts result in creating regulations prescribing the procedure for
an intimidating, hostile, or offensive environment for investigation of sexual harassment cases
the employee. (Domingo v. Rayala, G.R. No. as well as guidelines on proper decorum in
155831, 2008) the workplace.
2. Create a committee on decorum and
Q: When is Work-Related/Employment investigation of cases on sexual
Environment, Sexual Harassment Committed? harassment. (R.A. No. 7877, Sec. 4)
1. The sexual favor is made as a condition:
a. In hiring or in the employment, Q: What is the Liability of Employer/Head of
reemployment or continued Office?
employment of said individual A: Solidarily liable for damages arising from the acts
b. In granting said individual favorable of sexual harassment committed in the employment,
compensation, terms, conditions, education or training environment if the employer is
promotions or privileges informed of such acts by the offended party and no
c. The refusal to grant the sexual favor immediate action is taken.
results in limiting, segregating or
classifying the employee which in any Q: What is the prescriptive period to file such
way would discriminate, deprive or action?
diminish employment opportunities or A: 3 years (R.A. No., 7877, Sec. 7)
-- end of topic --

Q: Who are considered as dependents under the

IV. SOCIAL WELFARE LEGISLATION
SSS and GSIS Law?
A: Under both laws, the following shall be
A. SSS ACT considered as dependents:
1. Legal spouse entitled for support;
B. GSIS ACT 2. Child, whether legitimate, legitimated, legally
adopted or illegitimate;
Q: What are the coverage and exclusions of the 3. Parents receiving regular support from the
SSS and GSIS Law? member.
SSS ACT GSIS ACT
1. Employer any 1. Employer the Q: Who are considered as beneficiaries?
person, natural or national government, SSS ACT GSIS ACT
judicial, domestic or its political
1. Dependent 1. Legal
foreign who carries on subdivisions,
Spouse, until Dependent
in the Philippines any branches, agencies or
remarriage; AND Spouse until
trade, business, instrumentalities,
industry, undertaking, including GOCCs, and remarriage
or activity of any kind financial institutions 2. Dependent ; AND
PRIMARY
and uses the services with original charters, Legitimate or
of another person who the constitutional Legitimated or
is under his orders as commissions and the 2. Dependent
Legally Adopted Children
regards employment. judiciary and Illegitimate
Children.
*EXCEPT: 2. Employee any
Government and any person receiving 1. Dependent 1. Dependent
of its political compensation while in Parents Parents
subdivisions, service of an employer AND
branches and as defined herein,
instrumentality, whether by election or 2. Absent
primary and 2. Legitimate
including GOCCs, i.e., appointment SECOND- secondary descendants,
those under GSIS. ARY beneficiaries, any subject to
other person
2. Employee any restrictions on
designated by
person who performs dependent
services for an member as
secondary children
employer who
beneficiary
receives
compensation for As to DEATH
such services, where BENEFITS, if no
there is an employer
beneficiary
employee
qualifies under
relationship. OTHERS the Act, benefits
ERS shall be paid to
3. Self-Employed
Legal Heirs in
considered both
accordance with
employer and
Law of
employee.
Succession

Q: What are the exclusions from coverage? Q: What are the benefits under the SSS and GSIS
SSS ACT GSIS ACT Law?
1.Employment purely 1. Members of the AFP SSS ACT GSIS ACT
casual and not for the and PNP, subject to the 1. Monthly Pension 1. ALL MEMBERS
purpose of occupation, condition that they must 2. Dependents A. Life
or business of the settle first their financial Pension Insurance
employer obligation with the GSIS; 3. Retirement B. Retirement
4. Death C. Disability
2. Service performed 2. Contractual 5. Permanent D. Survivorship
on or in connection with employees, who have Disability E. Separation
alien vessel, if no employer 6. Funeral F. Unemployment
employed when such employee 7. Sickness
vessel is outside of relationship with the 8. Maternity 2. JUDICIARY
Philippines agencies they serve; (ONLY 1ST FOUR a. Life Insurance ONLY
DELIVERIES OR ALL TAX EXEMPT
3. Employees of 3. Uniformed MISCARRIAGES)
Philippine personnel of the Bureau 9. Loan Grant
government or of Fire Protection (BFP);
instrumentality or C. LIMITED PORTABILITY LAW
agency thereof 4. Uniformed
personnel of the Bureau Q: What are the benefits of the Limited
4. Service performed in of Jail Management and Portability Law?
the employ of a foreign Penology (BJMP); A covered worker who transfers
government, or employment from one sector to another or
international 5. Barangay and is employed in both sectors shall have his
organizations, or Sanggunian
credible services or contributions in both
wholly owned Officials who are not
instrumentality receiving fixed monthly Systems credited to his service or
employing workers in compensation; contribution record in each of the Systems
the Philippines or and shall be totalized for purposes of old-
employing Filipinos 6. Employees who do not age, disability, survivorship and other
outside of the have monthly regular benefits in case the covered member does
Philippines hours of work and are not qualify for such benefits in either or both
not receiving fixed
Systems without totalization: Provided,
5. Services performed monthly compensation
by temporary (IRR of R.A. No. 8291, however, That overlapping periods of
employees and other Rule II, Sec 3, Par. 2) membership shall be credited only once for
employees excluded purposes of totalization. (Sec. 3, RA 7699)
by SSS regulation; All contributions paid by such member
employees of bona fide personally, and those that were paid by his
independent
employers to both Systems shall be
contractors shall not be
deemed employees of considered in the processing of benefits
the employer engaging which he can claim from either or both
the services of an Systems: Provided, however, That the
independent amount of benefits to be paid by one
contractor System shall be in proportion to the number
of contributions actually remitted to that
System. (Sec. 4, RA 7699)

D. DISABILITY AND DEATH BENEFITS Q: What is the test to determine whether an

employee suffers from permanent total
Q: When is an employee entitled to disability disability?
benefits due to temporary total disability? A: The test of whether an employee suffers from
A: As a result of injury or sickness, the employee is
unable to perform any gainful occupation for a capacity of the employee to continue performing his
continuous period not exceeding 120 days. (Barko work notwithstanding the disability he incurred.
International v. Alcayno, G.R. No. 188190, 2014) (Vicente v. ECC, G.R. No. 85024, 1991)
Q: What are the benefits the employee is entitled Q: What are instances of Permanent Total
to? Disability?
A: Income benefit equivalent to 90% of his average 1. Temporary total disability lasting continuously for
daily salary credit subject to the following: 1. Benefit more than one hundred twenty days, except as
shall not be less than P10 or more than P90; not otherwise provided for in the Rules;
paid lower than 120 days unless injury or sickness 2. Complete loss of sight of both eyes;
requires more extensive treatment that lasts beyond 3. Loss of two limbs at or above the ankle or wrist;
120 days not exceeding 240 days from the onset of 4. Permanent complete paralysis of two limbs;
disability, in which case he shall be paid benefit for 5. Brain injury resulting in incurable imbecility or
insanity; and
Temporary Total Disability during the extended
6. Such cases as determined by the Medical
period (P10 P200 per day, maximum 120 days). Director of the System and approved by the
Commission. (Labor Code, Art. 198[c])
Benefit shall be suspended if employee failed to
submit monthly medical report certified by attending Q: When does temporary total disability
physician. becomes permanent total disability?
Compensation, Rule X, Sec. 3) 1. Declared by the company-designated physician
within 120 or 240 day treatment period; or
Q: What happens if he suffers from any relapse? 2. In case of absence of such a declaration either of
A: The period covered by any relapse he suffers, or fitness or permanent total disability, upon the
recurrence of the illness, which results in disability lapse of the 120 or 240 day treatment period,
and is determined to be compensable, shall be
considered independent of, and separate from, the
he is unable to engage in gainful employment
period covered by the original disability. Such a during such period, and the company physician
period shall not be added to the period covered by
fails to arrive at a definite assessment of the
his original disability (Amended Rules on
(Alpha Ship
Management v. Calo, G.R. No. 192034, 2014)
Q: When is an employee entitled to disability
Q: What happens when the company designated
benefits due to permanent total disability?
physician and employee designated physician
A: In means incapacity to perform gainful work disagree?
which is expected to be permanent. This status does A: If a doctor appointed by the seafarer disagrees
not require a condition of complete helplessness. with the assessment of the company-designated
Nor is it affected by the performance of occasional doctor, a 3rd doctor may be agreed jointly between
odd jobs. the employer and the seafarer, and the 3rd
decision shall be final and binding on both parties.
There is permanent total disability if as a result of (Bahia Shipping v. Constantino, G.R. No. 180343,
the injury or sickness, the employee is unable to 2014)
perform any gainful occupation for a continuous
period exceeding 240 days. (Abaya v. ECC, G.R. Q: When can income benefits be suspended?
No. 64255, 1989) A: Monthly income benefits can be suspended
under any of the following conditions:
1. Failure of the employee to present himself for
examination at least once a year upon notice by
the System;
2. Failure to submit a quarterly Medical Report
certified by the attending physician;
3. Complete or full recovery from his permanent
disability; or
4. Upon being Gainfully employed. (Amended Rules

Q: When is an employee entitled to disability Q: What are the conditions to entitlement?

benefits due to permanent partial disability? 1. The employee has been duly reported to the
A: A disability is partial and permanent if as a result System;
of the injury or sickness, the employee suffers a 2. He died as a result of an injury or sickness; and
permanent partial loss of the use of any part of his 3. The System has been duly notified of his death,
body. (Abaya v. ECC, G.R. No. 64255, 1989) as well as the injury or sickness which caused his
death.
Q: Distinguished Permanent Partial Disability
from Permanent Total Disability NOTES: Employer shall be liable for the benefit if
A: The test of whether an employee suffers from such death occurred before the employee is duly
reported for coverage to the System.
capacity of the employee to continue performing his
work notwithstanding the disability he incurred. If the employee has been receiving monthly income
(Vicente v. ECC, G.R. No. 85024, 1991) benefit for permanent total disability at the time of
his death, the surviving spouse must show that the
Q: When is an employee precluded from marriage has been validly subsisting at the time of
claiming loss of future earning? his disability.
A: Once given disability compensation for loss of
earning capacity, an additional award for loss of The cause of death must be a complication or
earnings (future earnings) no longer lies, otherwise, natural consequence of the compensated
it will result in double recovery. (Magsaysay Permanent Total Disability (Amended Rules on
Maritime Corp.v. Chin, Jr., G.R. No. 199022, 2014)
1. For life to the primary beneficiaries, guaranteed
NOTES: It must be shown that the injury or illness for 5 years;
was contracted during the term of employment. The 2. For not more than 60 months to secondary
beneficiaries;
injuries or illnesses occurring during the lifetime of 3. Total benefits shall be at least P15,000 (Labor
the contract. (Wallem Maritime Services v. Code, Art. 200[a])
Tanawan, G.R. No. 160444, 2012)
Q: Who shall receive the funeral benefits?
Reimbursement for Medical Expenses are separate A: A funeral benefit of P30,000 (ECC Board
and distinct from Disability Benefits. (Javier v. PH, Resolution No. 16-05-28, May 31, 2016) shall be
Inc., G.R. No. 204101, 2014) paid to:
1. Surviving spouse; or
Q: When is an employee entitled to death 2. Legitimate child who spent for funeral services;
benefits? 3. Any other person who can show incontrovertible
A: The System shall pay to the primary proof of having borne the funeral expenses.
beneficiaries, upon the death of the covered
employee, an amount equivalent to his monthly Compensation, Rule XI)
income benefit, plus 10% thereof, for each
dependent child, but not exceeding 5, beginning DISABILITY AND DEATH BENEFITS UNDER
with the youngest and without substitution. The THE 2010 AMENDED POEA-SEC
income benefit shall be guaranteed for 5 years.
(Amended R Q: What are the liabilities of an employer (ER) for
Rule XIII, Sec.3) work-related injury or illness (IN/ILL) of the
seafarer during the term of his contract?
1. ER will continue to pay the seafarer his wages
during the time he is on board the ship.
2. If IN/ILL requires medical and/or dental treatment
in a foreign port, ER shall be liable for full cost of
such treatment as well as board and lodging until
the seafarer is declared fit to work or to be
repatriated.
NOTE: If after repatriation, seafarer still
requires medical attention, he shall be
provided such treatment until he is declared
fit or the degree of his disability had been
established by company designated
physician at the expense of the ER.

3. Seafarer shall also receive sickness allowance appropriate mode of transportation and
from his employer. The amount is equivalent to accommodation.
his basic wage computed from the time he signed
off until he is declared fit to work or the degree of The reasonable cost of actual traveling
disability has been assessed by the company- expenses and/or accommodation shall be paid
designated physician. The period within which subject to liquidation and submission of
the seafarer shall be entitled to his sickness official receipts and/or proof of expenses.
allowance shall not exceed 120 days. Payment
shall be made on a regular basis, but not less
NOTE: To be entitled to the foregoing monetary
than once a month.
benefits, seafarer shall submit himself to a post
NOTE: Under the 2000 POEA-SEC, the
assessment made by company-designated designated physician within 3 working days
physician for permanent disability shall in no upon his return. EXCEPT when he is physically
case exceed 120 days. Elburg incapacitated to do so. In such case, a written
Shipmanagement Phils., Inc. v. Ouioguie, Jr. notice to the agency within the same period (3
provided a summation of periods when the working days upon return) is deemed as
company-designated physician must assess compliance. The seafarer shall also report
the seafarer: regularly to the company-designated physician.
a. The company-designated physician Failure of the seafarer to comply with the
must issue a final medical assessment mandatory reporting requirement shall result
on the seafarer's disability grading within in his forfeiture of the right to claim the above
a period of 120 days from the time the benefits. The three-day reporting requirement is
seafarer reported to him; MANDATORY. (Manila Shipmanagement &
b. If the company-designated physician Manning, Inc. v. Aninang, G.R. No. 217135,
fails to give his assessment within the 2018)
period of 120 days, without any
justifiable reason, then the seafarer's 5. Illnesses NOT listed in Sec. 32 of POEA SEC are
disability becomes permanent and total; disputably presumed as work related.
c. If the company-designated physician 6. In case seafarer is disembarked from ship for
fails to give his assessment within the medical reasons, ER shall bear full cost of
period of 120 days with a sufficient repatriation if seafarer is declared:
a. fit for repatriation; or
justification (e.g., seafarer required
b. fit to work but the employer is unable to
further medical treatment or seafarer
find employment for the seafarer on
was uncooperative), then the period of board his former ship or another ship of
diagnosis and treatment shall be the employer.
extended to 240 days. The employer 7. In case of permanent total or partial disability of
has the burden to prove that the the seafarer, he shall be compensated in
company-designated physician has accordance with the schedule of benefits
sufficient justification to extend the enumerated in Section 32 of POEA-SEC.
period; and Computation of his benefits shall be governed by
d. If the company-designated physician still the rates and the rules of compensation
fails to give his assessment within the applicable at the time the illness or disease
extended period of 240 days, then the was contracted.
seafarer's disability becomes permanent
and total, regardless of any justification. NOTE: The disability shall be based solely on
Hence, the general rule is that the 120-day the disability gradings provided under
period is an absolute rule. The company Section 32. It shall NOT be measured or
designated physician must provide a determined by the number of days a seafarer is
sufficient justification to extend the under treatment or the number of days in which
original 120-day period of assessment. sickness allowance is paid.
(Career Philippines Shipmanagement, Inc. v.
Silvestre, G.R. No. 213465, 2018). 8. The aforementioned benefits are separate and
4. Seafarer is entitled to reimbursement of the cost distinct from other benefits the seafarer is
of medicines prescribed by company-designated entitled to.
physician.
Q: Can a seafarer be entitled to disability
benefits if the illness is not solely attributable to
If treatment is on an out-patient basis as
his/her employment?
determined by the company-designated A: YES. In determining the compensability of an
physician, the company shall approve the illness, it is not required that the employment be the

sole factor in the growth, development, or a. If death occurred in a port where local
acceleration of a claimants' illness to entitle him to government laws or regulations do not
the benefits provided for. It is enough that his permit the transport of such remains.
employment contributed, even if only in a small b. In case death occurs at sea, the
degree, to the development of the disease. Even disposition of the remains shall be
assuming that the ailment of the worker was handled or dealt with in accordance with
contracted prior to his employment, this still would
not deprive him of compensation benefits. For what
matters is that his work had contributed, even in a In all cases, the employer/master shall
small degree, to the development of the disease. communicate with the manning agency to advise
Neither is it necessary, in order to recover
compensation, that the employee must have been 3. Pay the beneficiaries of the seafarer $1,000 in
in perfect health at the time he contracted the Philippine currency for burial. expenses at the
disease. A worker brings with him possible exchange rate prevailing during the time of
infirmities in the course of his employment, and payment. (Sec. 20 (B) (4), POEA-SEC)
while the employer is not the insurer of the health of
the employees, he takes them as he finds them and Q: What if the injury/ incapacity/ disability/ death
assumes the risk of liability. (Skippers United is a result of a willful or criminal act or
Pacific, Inc. v. Lagne, G.R. No. 217036, 2018) intentional breach of duties?
A: Compensation and benefits shall not be payable
Q: What must be present for disability to be in case of injury, incapacity, disability or death of the
compensable? seafarer resulting from his willful or criminal act or
A: For disability to be compensable, two elements intentional breach of his duties.
must concur: (1) the injury or illness must be work PROVIDED HOWEVER, that the employer can
related; and (2) the work-related injury or illness prove that such injury, incapacity, disability or death
must have existed during the term of the seafarer's is directly attributable to the seafarer. (Sec. 20 (C)
employment contract. POEA-SEC)
Q: When is a seafarer entitled to death benefits? Q: When can a seafarer be disqualified to

A: Work-related death of seafarer during the term of receive disability/death benefits?
his contract, the employer shall pay his beneficiaries A: A seafarer who knowingly conceals a pre existing
$50,000 in Philippine currency and an additional illness or condition in the Pre Employment Medical
amount of $7,000 to each child under the age of 21 Examination (PEME) shall be liable for
but not exceeding 4 children, at the exchange rate misrepresentation and shall be disqualified from any
prevailing during the time of payment. (Sec. 20 (B) compensation and benefits. This is likewise a just
(1), POEA-SEC) cause for termination of employment and imposition
of appropriate administrative sanctions. (Sec. 20 (D)
Q: What if the death is caused by warlike POEA-SEC
activity?
A: Compensation payable shall be doubled where -- end of topic --
death is caused by warlike activity while sailing
within a declared war zone or war risk area, the
compensation payable shall be doubled. (Sec. 20
(B) (2), POEA-SEC)
The aforementioned benefits are separate and

distinct from other benefits the seafarer is entitled to.
(Sec. 20 (B) (3), POEA-SEC)
Q: What are the other liabilities of the employer

when seafarer dies due to work-related
injury/illness?
A: The other liabilities of the employer when
seafarer dies as a result of work-related injury or
illness during the term of employment:
obligations due the seafarer under the Contract.

2. Transport the remains and personal effects of the
expense
EXCEPT:

4. Employees of foreign embassies,

V. LABOR RELATIONS
consulates, and international organizations
A. RIGHT TO SELF-ORGANIZATION Q: What are the two kinds of employees which

hold positions of trust and confidence?
Q: What are the rights granted to the workers 1. Managerial employees; and
under the Constitution? 2. Fiduciary rank-and-file employees or those
A: The Constitution guarantees to all workers their who, in the normal and routine exercise of
right, among others, to: their functions, regularly handle significant
1. Self-organization; amounts of money or property.
2. Collective bargaining and negotiations;
3. Peaceful and concerted activities including Q: Is the right not to join a union included in the
the right to strike in accordance with law; freedom of association?
4. Entitled to security of tenure, humane A: Yes. However, there is an exception. If there is a
conditions of work, and a living wage; and Union Security Clause in the CBA, an employee has
5. Participate in policy and decision-making no option but to join the union. (Labor Code, Article
processes affecting their rights and benefits 259[e])
as may be provided by law (Phil. Const. art. Exception to the Exception: When the
XIII, §3) employee is a religious objector or s/he is
6. Form unions, associations, or societies for part of another union. In which case, even
purposes not contrary to law (Phil. Const. if there is a Union Security Clause, s/he will
art. XIII, §8) not be compelled to join one. (Kapatiran sa
Meat and Canning Division v. Ferrer-
Calleja, G.R. No. 82914 (Resolution),
Associations 1988)
PARA- LABOR
METERS UNIONS ASSOCIATION Q: If there is an adjudication, and there is a
As to the There has to EE-ER between decision and a finding that management refused
existence of be an EE-ER all the members to bargain, what is the consequence?
the EE-ER between all and the employer A: sed CBA will be imposed
the members is not required against the management as a penalty. Management
and the will no longer be allowed to bargain. Management
employer cannot delay the process by refusing initially and
As to the For collective For mutual aid after being found guilty of refusing to bargain, it
Purpose bargaining and protection waived its right to bargain when it refused to
exercise its right to bargain. (Kiok Loy v. NLRC, G.R.
Q: What is the scope of self-organization under No. L-54334, 1986)
the Labor Code?
1. Forming, joining, or assisting labor B. LEGITIMATE LABOR ORGANIZATIONS
organizations for the purpose of collective
bargaining through representatives of their Q: What are the modes of acquiring legitimacy
own choosing. for labor organizations?
2. 2. To engage in lawful concerted activities 1. Registration with the Bureau of Labor Relations
for the purpose of collective bargaining or (Federation) or with the Regional Office
for their mutual aid and protection. (Labor (Independent Unions);
Code, Art. 257) 2. Chartering or Issuance of a Federation or
National Union of a Charter Certificate
Q: Who may or may not exercise the right to self-
organization? Q: What are the rights and conditions of
A: Generally, all employees. Except: membership under Art. 250?
1. Managerial and confidential employees;
Political e and be
managerial employees are those who have
Rights voted for, subject to lawful
powers or prerogatives to lay down and
provisions on qualifications and
execute management policies and/or to
disqualifications
hire, transfer, suspend, lay off, recall,
discharge, assign or discipline employees.
Deliberative
2. Employee-members of cooperatives
and in deliberations on major policy
3. Religious objectors

agree to hold the certification election among

Decision- questions and decide them by
themselves, with or without the participation and
making secret ballot. supervision of the DOLE, to determine the issue
Rights
of majority representation of all the workers in
the appropriate collective bargaining unit. (IRR
Rights over
of LC, Sec. 1[b], Rule 1, Book V)
Money 1. Against unauthorized collection 3. Certification Election - refers to the process of
Matters of contributions or unauthorized determining through secret ballot the sole and
disbursements
exclusive representative of the employees in an
2. To require adequate records of
appropriate bargaining unit for purposes of
income and expenses;
collective bargaining or negotiations (IRR of LC,
3. To access financial records;
Sec. 1[h], Rule I, Book V).
4. Run-off Elections - when the majority of the
compensation; bargaining unit voted in the election where at
5. To vote on proposed special
least 3 choices are involved including "no union.
assessments
However, not one of the choices obtained a
6. To be deducted a special
majority of the valid votes cast. A run-off
assessment only with the election may thus be held when the total
number of votes for all contending unions is at
authorization least 50% of the number of votes cast. (D.O.
No. 40-03, Sec. 1 (ss), Rule 1)
Right to 5. Re-run Elections - may be held in two
Information informed about:
instances: a) when breaking a tie between
contending unions, including "no union" and
and by-laws; and
one of the unions, and b) when a failure of
2. The CBA, and labor laws election has been declared by the Med-Arbiter.
(D.O. No. 40-1-15)
Q: Who is prohibited from becoming members
of labor organizations? Q: Are ambulant, intermittent, and itinerant
1. Non-Employees (Labor Code, Art. 250[c]); workers the only workers who may form and join
2. Subversives or those engaged in
subversive activities (Labor Code, Art. A: No. The last sentence of Art. 253 broadens the
250[e]); coverage of workers who can form or join a workers'
association and is not exclusive to ambulant,
Q: Who is prohibited from becoming officers of intermittent, and itinerant workers. The right to self-
labor organizations? organization is not limited to unionism. Workers may
1. Non-Employees (Labor Code, Art. 250[c]); also form or join an association for mutual aid and
2. Subversives or those engaged in protection and for other legitimate purposes.
subversive activities (Labor Code, Art. (Samahan ng mga Manggagawa sa Hanjin Shipyard
250[e]) v. Bureau of Labor Relations, G.R. No. 211145,
3. Persons who have been convicted of a 2015).
crime involving moral turpitude (Labor
Code, Art. 250[f]) Q: Does the pendency of a petition for the
cancellation of union registration bar the
Q: What are the modes of determining an conduct of the certification election?
exclusive bargaining agent and their requisites? A: No, the pendency of the cancellation of union
A: The following are the modes of determining the registration brought against the labor organization
exclusive bargaining agent: applying for the certification election should not
1. Sole and Executive Bargaining Agent prevent the conduct of the certification election.
(SEBA) Certification - it is applicable when Rationale: At the time the union filed its petition for
there is only one legitimate labor organization, certification election, it still had the legal personality
whether it is an independent union or a to perform such act absent an order directing it
chartered local, in a given bargaining unit. cancellation. (Legend International Resorts Ltd. v.
Otherwise, the same shall be referred directly to Kilusang Manggagawa, G.R. No. 169754, 2011).
the election officer for the conduct of the
certification election. (D.O. 40-1-15) Q: Are the non-submission of financial
2. Consent Election - when two or more statements by a registered union or failure to
contending unions voluntarily and mutually maintain membership representing 20% of the

appropriate bargaining unit throughout its These requirements are mandatory. Non-
lifetime valid grounds for cancellation of its compliance by the union will render the strike illegal.
registration? Open voting is strictly prohibited (HSBC v NLRC,
A: No, the 0% minimum membership is required G.R. No. 156635, 2016). Further, non-compliance
only during union registration and need not be with these procedural requirements negates the
maintained throughout the existence of the union. claim of good faith on the part of the striking union.
(MARIWASA v. Secretary, G.R. No. 183317, 2009).
The failure to submit periodic financial statements is Q: Distinguish an order of reinstatement issued
no longer a ground for cancellation (The Heritage by the Labor Arbiter and assumption of
Hotel Manila v. National Union of Workers in the jurisdiction and certification orders issued by
Hotel, Restaurant and Allied Industries-Heritage the SOLE.
Hotel Manila Supervisors Chapter, G.R. No. A: An order of reinstatement issued by a Labor
178296, 2011). Arbiter to an illegally dismissed employee pursuant
to Article 294 of the Labor Code is immediately
Q: Can a member of a union, other than the executory. It is in the nature of a return-to-work
bargaining agent, be made to pay agency fees in order.
addition to their respective union dues?
A: Yes. The bargaining agent which successfully On the other hand, assumption of jurisdiction and
negotiated the CBA with the employer is given the certification orders issued by the SOLE involving a
labor dispute in an industry is indispensable to the
from its non-members who are employees covered national interest and are meant to maintain status
by the bargaining unit being represented by the quo while the main issue is being threshed out. It
bargaining agent (in case they accept the benefits operates as a return-to-work order. (Manggagawa
Komunikasyon v. PLDT, G.R. Nos. 190389
availing of the benefits of the CBA, they, in effect, &190390, 2017)
recognize and accept the bargaining union as their
NOTE: Such assumption or certification shall have
the following effects:
Q: What are the fundamental factors in
determining the appropriate collective 1. Automatically enjoining the intended or
bargaining unit? impending strike or lockout as specified in
1. The will of the employees (Globe Doctrine); the assumption or certification order, and
2. The affinity and unity of the employees' 2. If one has already taken place at the time
interests such as substantial similarity of of assumption or certification, all striking or
work, duties, compensation, and working locked-out employees shall immediately
conditions (Substantial Mutual Interests return-to-work and the employer shall
Rule); Immediately resume operations and
3. Prior collective bargaining history; and readmit all workers under the same terms
4. Similarity of employment status. (San and conditions prevailing before the strike
Miguel Corp. v. Laguesma, G.R. No. or lockout. (Labor Code, Art. 278 (g))
100485, 1994)
-- end of topic --
Q: What are the procedural requirements for a
valid strike?
A: The procedural requirements for valid strike are:
1. Notice of strike or lockout - filed with the
DOLE at least 30 days before the intended
date or 15 days in case of ULP;
2. Cooling off period - 30 days for bargaining
deadlock strikes, 15 days for ULP strikes;
Dispensed with if ULP amounts to union-
busting;
3. Notice of meeting for strike or lockout vote
to the NCMB - at least 24 hours before the
conduct of the said meeting
4. Conduct and results of a strike or lockout
vote reported to the NCMB; and
5. A 7-day strike ban was observed.

VI. TERMINATION OF EMPLOYMENT the circumstances. (Cavite

Apparel, Inc. v. Marquez, G.R.
No. 172044, 2013)
Q: What is Security of Tenure?
A: It is a constitutionally protected right and applies 1. The employee concerned
to all workers. (Phil. Const. art. XIII, Sec. 3) must be one holding a position
Security of tenure is the constitutional right granted of trust and confidence; and
Fraud or
to the employee, that the employer shall not 2. There must be an act that
Willful
terminate the services of the employee except for would justify the loss of trust
Breach of
just cause or when authorized by law. It extends to and confidence. (Prudential
Trust
regular (permanent) as well as non-regular Guarantee & Assurance
(temporary) employment. (Kiamco v. NLRC, G.R. Employee Labor Union v.
No. 129449, 1999) NLRC, G.R. No. 185335, 2012)
Q: What are the elements for just causes of 1. That there be a commission
termination? of a crime or offense; and
GROUND ELEMENTS 2. That it be against the
Commission immediate family members of
1. The misconduct must be
of a crime or the employer, meaning the
serious;
offense by spouse, ascendants,
2. It must relate to the the employee descendants, legitimate,
against his natural, or adopted brothers or
duties showing that the employer or sisters by affinity, and those by
employee has become unfit to any member consanguinity within the fourth
continue working for the of his family civil degree. NOTE: Conviction
employer; and is not required. (Starlite Plastic
Serious
Misconduct 3. It must have been performed Industrial Corporation v. NLRC,
with wrongful intent. G.R. No. 78491, 1989)
4. There must be a showing that The requisites of the above-
the employee becomes unfit to mentioned causes must not be
continue working for the satisfied; and 2. It must be due
Other
to the voluntary and/or willful
Multi-Purpose Cooperative v. analogous
act or omission of the employer.
Carbonilla, Jr., G.R. No. cases
(Nadura v. Benguet
212070, 2016) Consolidated Inc., G.R. No. L-
1. The disobedience or 17780, 1962)
insubordination must be willful
or intentional characterized by a Q: What are the principles that apply to all just
wrongful and perverse attitude; causes?
2. The order violated must be 1. The penalty must be commensurate with
reasonable and lawful the offense committed.
Willful 2. If a penalty less severe than termination
Disobedience 3. The order violated must be
would be adequate according to the
made known to the employee;
circumstances then termination should not
and
be imposed. Termination should always be
4. The order must pertain to the a last resort.
duties which he has been 3. You dismiss an employee if it is clearly
engaged to discharge. (D.O. showing that the employee has become
147-15) unfit or unworthy to continue employment.
1. The neglect of duty must be
gross, meaning there is a want Q: What are the standards for misconduct to be
Gross and of care in the performance of used as a valid cause for termination?
habitual A: There must be misconduct
neglect of I. The misconduct must be of such grave and
2. It must be habitual, meaning aggravated character
duties there is repeated failure to II. It must relate to the performance of the
employee's duties ca There must be a
period of time, depending on showing that the employee becomes unfit

to continue working for the employer. Q: What is the effect if the dismissal of an
(Section 5.2, Rule I-A, D.O. No. 147-15) employee is based on a just or authorized cause
but procedural due process requirements were
Q: Is an employee who resigns required to serve not satisfied?
notice? A: Although an employer may legally dismiss an
A: As a general rule, an employee must serve notice employee for a just cause, the non-observance of
at least 1 month in advance. The employer may hold the requirements of due process before effecting the
the employee liable for failure to comply with this dismissal leaves the employer liable for nominal
requirement. damages. (Samar-Med v. NLRC, G.R. No. 162385,
Except: (SICO) 2013)
1. Serious insult by the employer or his
representative on the honor and person of In Agabon v. NLRC (G.R. No. 158693, 2004), the
the employee; Court awarded nominal damages amounting to
2. Inhuman and unbearable treatment P30K without distinguishing between just and
accorded the employee by the employer or authorized causes.
his representative;
3. Commission of a crime or offense by the In Jaka Food v. Pacot (G.R. No. 151378, 2005), the
employer or his representative against the Court distinguished between just and authorized
person of the employee or any of the causes. It stated that if a just cause for dismissal
immediate members of his family; and exists, the nominal damages for non-compliance
4. Other causes analogous to any of the with procedural due process requirements must be
foregoing. (Labor Code, Art. 300) tempered (since it is caused by the conduct of the
employee) as compared to an authorized cause.
Q: How do you define retrenchment?
A: Industrial Timber v. Ababon (G.R. No. 164518,
prerogative to terminate the employment of its 2006), further refined Jaka. For authorized causes,
employees en masse, to either minimize or prevent if the dismissal was due to business losses, the
losses or when the company is about to close or damages to be awarded should be less compared
cease operations for causes not due to business to a dismissal not due to business losses.
losses (Am-Phil Food v. Padilla, G.R. No. 188753,
October 1, 2014) Q: What limitations do law and jurisprudence
Q: What are the standards that an employer services of a probationary employee?

should meet to justify retrenchment? A: A probationary employee may be terminated at
A: The Court has laid down the following standards any time during the probationary period but only for
that an employer should meet to justify just and authorized causes.
retrenchment and to toll abuse, namely: (SINS) 1. In all cases of probationary employment,
1. The expected losses should be substantial the employer shall make known to the
and not merely de minimis in extent; employee the standards under which he
2. The substantial losses apprehended must will qualify as a regular employee at the
be reasonably Imminent; time of his engagement. Where no
3. The retrenchment must be reasonably standards are made known to the
necessary and likely to effectively prevent employee at the time, he shall be deemed
the expected losses, and a regular employee. (Aberdeen Court vs.
4. The alleged losses, if already incurred, and Agustin, G.R. No. 149371, 2005).
the expected imminent losses sought to be 2. Double or successive probation is not
forestalled must be proved by sufficient and allowed. (Holiday Inn Manila vs. NLRC,
convincing evidence. 1993)
3.
Failure to present sufficient evidence is crucial. If the performance is not always measurable by
employer only claims that the employee's quantitative specification. It is also hinged
termination is due to its "present business/financial on the qualitative assessment of the
condition, this bare statement falls short of the norm y
to show a valid retrenchment. (Flight Attendants and rests on the reasonable exercise of the
Stewards Association of the Philippines v. Philippine
Airlines, Inc., 2018) (Abbott v. Alcaraz, G.R. No. 192571
(Resolution), 2014)

4. By the very nature of a probationary 1. Award of separation pay in lieu of

employment, the employee needs to know reinstatement. (Starlight Plastic Industrial
from the very start that he will be under Corporation v. NLRC, G.R. No. 78491,
close observation and his performance of 1989)
his assigned duties and functions would be 2. Award of penalty in the form of nominal
under continuous scrutiny by his superiors. damages in case of termination due to just
Due process lies in apprising him of the or authorized cause but without
standards against which his performance observance of procedural due process.
shall be continuously assessed. (Agabon v. NLRC, G.R. No. 158693, 2004)
Probationary employees are entitled to 3. Award of damages and attorney's fees.
know the reason for their failure to qualify (Suario v. BPI, G.R. No. L-50459, 1989)
as regular employees. Failure to inform the 4. Award of financial assistance in cases
employee results in illegal dismissal by the where the employee's dismissal is declared
employer. (PNOC v. Buenviaje, G.R. Nos. legal but because of long years of service,
183200-01, 2016) and other considerations, financial
assistance is awarded. (PLDT v. NLRC,
Q: What are the procedural due process G.R. No. 53552, 1988)
requirements in terminations due to disease? 5. Imposition of legal interest on separation
A: The twin-notice requirement applies. The first pay, backwages, and other monetary
notice indicates the particular ground for dismissal, awards. (University of Pangasinan v.
while the second notice is the notice of termination Fernandez, G.R. No. 211228, 2014)
after being given the opportunity to be heard.
Despite the silence of LC and its IRR, the employee Q: To whom does the burden of proof rest in
should still be afforded procedural due process in establishing a valid cause of termination?
termination cases. (Deoferio v. Intel Technology, A: In termination cases, the burden of proof rests
G.R. No. 202996, 2014) with the employer to show that the dismissal is for
just and valid cause. Failure to do so would
Q: What are the substantive requirements for necessarily mean that it was not justified and illegal.
termination due to disease? (Janssen Pharmaceutical v. Silayro, G.R. No.
A: For a dismissal on the ground of disease to be 172044, 2013)
considered valid, two requisites must concur:
I. The employee must be suffering from a Q: Is it necessary that a criminal case is pending
disease which cannot be cured within six to start or conclude a termination case?
months and his continued employment is A:
prohibited by law or prejudicial to his health case is not determinative of the existence of a just
or to the health of his co-employees; and or authorized cause for his dismissal. The pendency
II. A certification to that effect must be issued of a criminal suit against an employee, does not, by
by a competent public health authority. itself, sufficiently establish a ground for an employer
(Crayons Processing v. Pula, G.R. No. to terminate the former. (United Tourist Promotions
167727, 2007) v. Kemplin, G.R. No. 198587, 2015)
Q: Can an unjustified reduction of working days Q: Is mere participation in an illegal strike

constitute illegal dismissal? sufficient for termination?
A: Yes, when an employer committed an illegal A: There is a distinction between workers and union
reduction of work hours, the employer may be held officers who participate in an illegal strike: an
liable for constructive dismissal. An employer's ordinary striking worker cannot be terminated for
unilateral and arbitrary reduction of the workday mere participation in an illegal strike. There must be
scheme significantly reduces employees' salaries proof that he or she committed illegal acts during a
thereby rendering it liable for constructive dismissal. strike. A union officer, on the other hand, may be
(Intec Cebu v. CA, G.R. No. 189851, 2016) terminated from work when he knowingly
participates in an illegal strike, and like other
Q: What are the other reliefs that are not workers, when he commits an illegal act during a
provided in the Labor Code but are granted in strike. (Abaria v. NLRC, G.R. Nos. 154113, 2011)
illegal dismissal cases?
A: The following reliefs are awarded in illegal -- end of topic --
dismissal cases, other than those granted under
Article 279:

Q: What is the extent of the power to discipline

VII. MANAGEMENT PREROGATIVE
employees?
A: Management has the prerogative to discipline its
Q: What are the limitations to the management employees and to impose appropriate penalties on
prerogative of employers? erring workers, pursuant to company rules and
A: As a general rule, an employer is free to regulate, regulations (Artificio v. NLRC, G.R. No. 172988,
according to his own discretion and judgment, all 2010)
aspects of employment, including hiring, work
assignments, working methods, time, place and Although the right of employers to shape their own
manner of work, tools to be used, processes to be workforce, is recognized, this management
followed, supervision of workers, working prerogative must not curtail the basic right of
regulations, transfer of employees, work employees to security of tenure. (Alert Security
supervision, lay-off of workers and the discipline, Investigation Agency v. Saidali Pasawilan, G.R. No.
dismissal, and recall of workers (Peckson v. 182397, 2011)
198534, 2013) Infractions committed by an employee should merit

only the corresponding sanction demanded
The limitations are: by the circumstances. The penalty must be
1. Good faith commensurate with the act, conduct or omission
imputed to the employee and imposed in connection
prerogatives are exercised in good faith for with the emp
the Court of Appeals, G.R. No. 133259, 2000)
and not for the purpose of defeating or
circumventing the rights of the employees Q: What is the extent of the power to transfer
under special laws or under valid employees?
agreements, this Court will uphold them. A: The employer has the right to transfer or assign
The free will of management to conduct its employees from one area of operation to another, or
own business affairs to achieve its purpose one office to another, or in pursuit of its legitimate
cannot be denied. (Ymbong v. ABS-CBN, business interest, Provided there is no demotion in
G.R. No. 184885, 2012) rank or diminution of salary, benefits and other
2. Grave abuse of discretion privileges and not motivated by discrimination or
The managerial prerogative to transfer made in bad faith, or effected as a form of
personnel must be exercised without grave punishment or demotion without sufficient cause.
abuse of discretion, bearing in mind the (Westin Phil. Plaza Hotel v. NLRC, G.R. No.
basic elements of justice and fair play. 121621, 1999)
Having the right should not be confused
with the manner in which the right is Q: What is a bonus? When does it become
exercised. (Tinio v. CA, G.R. No. 171764, demandable?
2007) A: The granting of a bonus is a management
3. Law prerogative, something given in addition to what is
ordinarily received by or strictly due to the recipient.
are not being unjustly curtailed but duly (Producers Bank of the Philippines v. NLRC, G.R.
tempered by the limitations set by law. No. 100701, 2001)
(Metrolab Industries, Inc. v. Roldan-
Confesor, G.R. No. 108855, 2013) It becomes demandable when it was promised by
4. Collective Bargaining the employer and expressly agreed upon by the
Where the CBA is clear and unambiguous, parties (as in a CBA). (Lepanto Ceramics v. Lepanto
it becomes the law between the parties, Ceramics Employees Association, G.R. No.
and compliance therewith is mandated by 180866, March 2, 2010)
the express policy of the law. (Goya v.
Goya Employees Union-FFW, G.R. No. It is also demandable when it is made part of the
170054, 2013) wage or salary or compensation of the employee.
5. Equity/substantial justice (Eastern Telecoms v. Eastern Telecoms Employees
A line must be drawn between Union, G.R. No. 185665, 2012)
management prerogatives regarding
business operations per se and those -- end of topic --
which affect the rights of employees. (PAL
v. NLRC, G.R. No. 85985, 1993)

VIII. JURISDICTION AND RELIEFS Offshoots of

inspections
Q: What is the rule on the change of hours?
A: Management retains the prerogative, whenever Workers Employees still Present or past
exigencies of the service so require, to change the involved in service employees at the
working hours of its employees. So long as such time the
prerogative is exercised in good faith for the complaint is filed,
provided that no
the purpose of defeating or circumventing the rights demand for
of the employees under special laws or under valid reinstatement
agreements, this Court will uphold such exercise.
(Sime Darby Pilipinas, Inc. v. NLRC, G.R. No. Jurisdictional No maximum Php5,000, no
119205, 1998) limits monetary prayer for
amount for the reinstatement
Q: What is a bona fide occupational exercise of Remedy: Amend
qualification? enforcement and file with
A: Employment in particular jobs may not be limited power NLRC
to persons of a particular sex, religion, or national
origin UNLESS, the employer can show that sex, Officers Secretary of Regional Director
religion, or national origin is an actual qualification designated Labor or his or any authorized
for performing the job. (Yrasuegui v. PAL, G.R. No. authorized hearing officer
168081, 2008) representatives
Q: In what cases is a petition for certiorari under Appeal To Secretary of To NLRC

Rule 65 proper instead of a petition for review? Labor and
A: The only mode by which a labor case decided by Employment
any of the following labor authorities/tribunals may
reach the CA is through a Rule 65 petition for Q: What is the prescriptive period to file for
certiorari: monetary claims and what is the coverage of
1. SOLE (PIDL Tranco v. Philtranco, G.R. No. money claims?
180962, 2014) A: 3 years from the time the cause of action accrued
2. NLRC (St. Martin Funeral Home v. NLRC, (Art. 306, LC). It covers all money claims arising out
G.R. No. 130866, 1998); and of employer-employee relations accruing during the
3. Director of BLR in cases decided by him in effectivity of the Code, such as overtime pay, SIL,
his appellate jurisdiction (Abbott holiday pay, bonuses, illegal deductions, claims
Laboratories v. Abbott Laboratories arising from CBA, and claims of OFWs. Failure to
file within the 3 year period, the action shall be
forever barred.
Q: What is the difference between Art. 128 and
129 (the visitorial and enforcement powers)? Q: What is not covered by Art. 306 and what will
Art. 128 Art. 129 be their prescriptive period?
A: Money claims (e.g. backwages) and damages
Nature and Nature is Adjudication consequent to an illegal dismissal are not covered
subject of inspection; to through summary by Art. 306. (Arriola v. Pilipino Star Ngayon, G.R.
proceedings compel proceedings No. 175689, 2014). Although illegal dismissal is a
compliance Monetary claims violation of the Labor Code, it is not the offense
Enforcement of Initiated by sworn contemplated (Id.). The prescriptive period for this is
labor complaints 4 years under Art. 1146.
legislation
-- end of topic --

CO-PRESENTED BY
MINOR SPONSORS

Magis Notes Pre-Week Day 1

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Magis Notes Pre-Week Day 1

Uploaded by

Copyright:

Available Formats

s

THE ATENEO CENTRAL BAR OPERATIONS 2022

All Rights Reserved

This material is an intellectual creation of the Ateneo Central Bar Operations

BACK TO TOC PAGE 2 OF 186

BACK TO TOC PAGE 3 OF 186

SPECIAL PROJECTS PUBLIC RELATIONS

BACK TO TOC PAGE 4 OF 186

TABLE OF CONTENTS: POLITICAL LAW

I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION ........................................................................ 11

A. DECLARATION OF PRINCIPLES AND STATE POLICIES .................................................................11

II. GENERAL PRINCIPLES OF TAXATION.............................................................................................. 13

A. DEFINITION, CHARACTERISTICS AND PURPOSE OF TAXATION .................................................. 14

III. LEGISLATIVE DEPARTMENT .......................................................................................................... 24

A. LEGISLATIVE POWER ............................................................................................................... 24

IV. EXECUTIVE DEPARTMENT ........................................................................................................... 32

A. QUALIFICATIONS, ELECTION, AND TERM OF PRESIDENT AND VICE-PRESIDENT ......................... 32

BACK TO TOC PAGE 5 OF 186

I. POWERS RELATIVE TO APPROPRIATION MEASURES ................................................................ 38

V. JUDICIAL DEPARTMENT ................................................................................................................ 40

A. JUDICIAL POWER .................................................................................................................... 40

VI. CONSTITUTIONAL COMMISSIONS ................................................................................................ 45

VII. BILL OF RIGHTS .......................................................................................................................... 52

A. DUE PROCESS ......................................................................................................................... 52

BACK TO TOC PAGE 6 OF 186

VIII. CITIZENSHIP .............................................................................................................................. 70

A. WHO ARE FILIPINO CITIZENS ...................................................................................................70

IX. LAW ON PUBLIC OFFICERS ........................................................................................................... 72

A. GENERAL PRINCIPLES .............................................................................................................. 72

X. ADMINISTRATIVE LAW ................................................................................................................. 85

A. GENERAL PRINCIPLES .............................................................................................................. 85

XI. ELECTION LAW ............................................................................................................................ 90

XII. LOCAL GOVERNMENTS ............................................................................................................. 100

A. PRINCIPLES OF LOCAL AUTONOMY ....................................................................................... 100

XIII. NATIONAL ECONOMY AND PATRIMONY .................................................................................. 117

A. REGALIAN DOCTRINE ............................................................................................................ 117

BACK TO TOC PAGE 7 OF 186

XIV. SOCIAL JUSTICE AND HUMAN RIGHTS ...................................................................................... 124

A. CONCEPT OF SOCIAL JUSTICE ................................................................................................ 124

XV. AMENDMENTS OR REVISIONS OF THE CONSTITUTION .............................................................. 126

A. ACADEMIC FREEDOM ........................................................................................................... 127

XVII. PUBLIC INTERNATIONAL LAW ................................................................................................. 129

A. DEFINITION OF TERMS AND CONCEPTS ................................................................................. 129

MEMORY AID................................................................................................................................. 138

BACK TO TOC PAGE 8 OF 186

TABLE OF CONTENTS: LABOR LAW

I. GENERAL PRINCIPLES .................................................................................................................. 146

A. BASIC POLICY ON LABOR....................................................................................................... 146

II. RECRUITMENT AND PLACEMENT OF WORKERS ........................................................................... 149

A. RECRUITMENT AND PLACEMENT........................................................................................... 150

III. LABOR STANDARDS ................................................................................................................... 155

C. CONDITIONS OF EMPLOYMENT............................................................................................. 156

IV. SOCIAL WELFARE LEGISLATION .................................................................................................. 172

A. SSS ACT ................................................................................................................................ 172

V. LABOR RELATIONS ..................................................................................................................... 178

A. RIGHT TO SELF-ORGANIZATION............................................................................................. 178

VI. TERMINATION OF EMPLOYMENT .............................................................................................. 181

VII. MANAGEMENT PREROGATIVE .................................................................................................. 184

VIII. JURISDICTION AND RELIEFS ..................................................................................................... 185

BACK TO TOC PAGE 9 OF 186

BACK TO TOC PAGE 10 OF 186

be complied with in good faith (pacta sunt

Q: Are constitutional provisions self- Q: How is standing treated in actions for

Q: Can the BIR impose additional requirements