THE

FRATERNAL ORDER OF UTOPIA

ATENEO DE MANILA UNIVERSITY
SCHOOL OF LAW
SINCE 1964

“For tomorrow shall cast a myriad of mighty storms that only

those with firm determination and Utopian vision do survive.”
What are the requisites for the valid exercise of Police Power?

1. Lawful Subject - The interests of the public, generally, as distinguished from those of
a particular class, require such interference and that the subject of the measure is
within the scope of the police power. (Ichong v. Hernandez, G.R. No. L-7995)
2. Lawful Means - The means employed are reasonably necessary for the accomplishment
of the purpose and not unduly oppressive upon individuals. (National Development
Company v. Philippine Veterans Bank, G.R. No. 84132-33)

When is just compensation reckoned from?

At the time of the taking, which usually coincides with the commencement of the expropriation
proceedings. However, when the institution of the action precedes entry into the property,
the just compensation is to be ascertained as of the time of the filing of the complaint.
(Republic v. Decena, G.R. No. 212786)

Distinguish among the powers of Police Power, Taxation and Eminent Domain.

Police Power Taxation Eminent Domain

Police power is the power of The power of taxation is the Eminent Domain is the
the State to enact legislation power to levy taxes to be power of the State to take
that may interfere with used for a public purpose. private property for public
personal liberty or property in use. This requires just
order to promote the general The main purpose of compensation.
welfare. taxation is revenue
generation. When police power is
The main purpose of police exercised there is no just
power is the regulation of compensation.
behavior or conduct.
(Planters v. Fertiphil, G.R. No. 166006)

What is the lifeblood theory?

Taxes are the lifeblood of the government and so should be collected without unnecessary
hindrance. Without taxes, the government would be paralyzed for lack of the motive power
to activate and operate it. (CIR v. Algue, G.R. No. L-8896)

What is the difference between Tax Avoidance and Tax Evasion?

Tax Avoidance Tax Evasion

It is a tax saving device within the means It is a scheme used outside of those
sanctioned by law. This method should be used lawful means and when availed of, it
by the taxpayer in good faith and at arms usually subjects the taxpayer to further
length. or additional civil or criminal liabilities.

(CIR v. Estate of Benigno Toda, G.R. No. 147188)

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What is the tax treatment when it comes to different types of educational

institutions?

Tax Non-stock, non-profit educational Proprietary educational

institution institution

Real Exempt, as long as the asset is actually, Exempt. However, it may be

Property directly, and exclusively used for subject to limitations imposed
Tax educational purposes. by Congress including
restriction on dividends and
provisions for reinvestment.

Income Exempt, as long as it is actually, directly, Not exempt.

Tax and exclusively used for educational
purposes.
(CIR v. DLSU, G.R. No. 196596)

What are the qualifications of the President, Vice-President, Senator, and Member
of the House of Representative?

President & Vice President Senator House of Representatives

Natural-born citizen of the Philippines.

A registered voter of the Philippines.

Able to read and write.

At least 40 years of age on the At least 35 years of age on At least 25 years of age on the
day of the election. the day of the election. day of the election.

If nominee for a youth

organization, at least 25 years
of age but not more than 30
years old on the day of the
election (Party-List System
Act, Sec. 9)

A resident of the Philippines A resident of the For District Representative: A

for at least ten (10) years Philippines for not less resident of the Philippines for
immediately preceding such than two (2) years not less than one (1) year
election. (PHIL CONST., Art. immediately preceding immediately preceding such
VII, Sec. 2) such election. (PHIL election (PHIL CONST., Art.
CONST., Art. VI, Sec. 3) VI, Sec. 6)

For Party-list Representative:

A bona-fide member of the
party or organization which he
seeks to represent for at least
90 days preceding the day of
the election. (Party-List
System Act, Sec. 9)

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Is preventive suspension an interruption of a term of an elective official?

No. The suspended official continues to stay in office although he is barred from exercising
the functions and prerogatives of the office within the suspension period. The best indicator
of the suspended official’s continuity in office is the absence of a permanent replacement and
the lack of the authority to appoint one since no vacancy exists. (Aldovino v. COMELEC, G.R.
No. 184836)

What are the requisites for the proper invocation of Executive privilege?

1. The protected communication must relate to a quintessential and non-delegable

presidential power;
2. The communication must be authored or solicited and received by a close advisor of
the President or the President himself. The judicial test is that an advisor must be in
operational proximity with the President;
3. There is no adequate showing of a compelling need that would justify the limitation of
the privilege and the unavailability of the information elsewhere by an appropriate
investigating authority. (Neri v. Senate Committee on Accountability of Public Officers
and Investigations, G.R. No. 180643)

What is the rule governing midnight appointments and its exceptions?

Two (2) months immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety. However, this prohibition is limited only to appointments
in the Executive Department, with no prohibition existing for the judiciary. (De Castro v. JBC,
G.R. No. 191002)

What is the difference between Ad Interim and Acting Appointment?

Ad Interim Appointment Acting Appointment

1. It is permanent in character until 1. It is temporary in nature and is a

disapproved by the Commission on
Appointments or until the adjournment
of Congress
2. These are submitted to the Commission
on Appointments for confirmation or
rejection; and
3. These appointments are extended only
during a recess of Congress.
stop-gap measure intended to fill
an office for a limited time until
the appointment of a permanent
occupant to the office;
2. These are not submitted to the
Commission on Appointments.
Acting appointments are a way of
temporarily filling important
offices; and
3. They may be extended any time
there is a vacancy.
(Pimentel vs. Ermita, G.R. No. 164978)

When may Congress grant the President emergency powers?

1. There must be a war or other emergency;

2. The delegation must be for a limited period only;
3. The delegation must be subject to such restrictions as the Congress may prescribe;
and

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4. The emergency powers must be exercised to carry out a national policy, as declared
by Congress. (David v. Arroyo, G.R. No. 171396)

What is the operative fact doctrine?

It recognizes the existence and validity of a legal provision prior to its being declared as
unconstitutional and hence, legitimizes otherwise invalid acts done pursuant thereto because
of considerations of practicality and fairness. (Film Development Council v. Oriente Group of
Theaters, G.R. No. 203754)

What are the grounds for the Void-for-Vagueness Doctrine?

1. It violates due process for failure to accord persons, especially the parties targeted by
it, fair notice of what conduct to avoid; and
2. It leaves law enforcers an unbridled discretion in carrying out its provisions and
becomes an arbitrary flexing of the government muscle. (Romualdez v.
Sandiganbayan, G.R. No. 152259)

What is the Overbreadth Doctrine?

In the furtherance of governmental purpose, the means employed sweep unnecessarily broad
and thereby invade the area of protected freedom. It has a special application only to free
speech cases. (Estradaa v. Sandiganayan, G.R. No. 148560)

Differentiate among Clear and Present Danger Test, Balancing of Interest Test, and
the Dangerous Tendency Test.

Clear and Present Danger Balancing of Interest Dangerous Tendency

There is substantial danger Used as a standard when Permits limitations on speech

that the speech will likely lead courts need to balance once a rational connection
to an evil the government has conflicting social values has been established
a right to prevent. This rule and individual interests, between the speech
requires that the evil and requires a conscious restrained and the danger
consequences sought to be and detailed consideration contemplated.
prevented must be of the interplay of interests
substantive, extremely observable in a given
serious, and the degree of situation.
imminence is extremely high.
(Chavez v. Gonzalez, G.R. No. 168338)

What are valid warrantless searches?

1. Warrantless Search Incident To A Lawful Arrest (RoC, Rule 126, Sec. 13);
2. Seizure Of Evidence In Plain View;
3. Search Of A Moving Vehicle;
4. Consented warrantless search (Caballes v. CA, G.R. No. 136292);
5. Customs search (Padilla v. CA, G.R. No. 121917);
6. Stop and Frisk (Malacat v. CA, G.R. No. 123595); and
7. Emergency and Exigent Circumstances. (People v. De Gracia, G.R. No. 102009-10)

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May information from a confidential informant be the sole basis for a finding of
probable cause for warrantless searches and seizures?

No. Law enforcers cannot act solely on the basis of confidential or tipped information. A tip is
still hearsay no matter how reliable it may be. It is not sufficient to constitute probable cause
in the absence of any other circumstance that will arouse suspicion. (People v. Sapla, G.R.
No. 244045)

Differentiate the power of eminent domain as exercised by Congress and Local

Government Units.

Congress Local Government Unit

1. There is taking of private property; 1. An ordinance is enacted;

2. The taking is for public purpose; and
3. Just compensation be paid to the property
owner. (Vda. de Ouano v. Republic, G.R.
No. 168770)
2. The taking is for public use, purpose,
or welfare, or for the benefit of the
poor and the landless;
3. Payment of just compensation; and
4. Valid and definite offer has been
previously made but said offer was
not accepted. (Heirs of Suguitan v.
Mandaluyong City, G.R. No. 135087)

What are the elements of taking in eminent domain cases?

1. The expropriator must enter a private property;

2. The entrance into a private property must be for more than a momentary period;
3. The entry into the property should be under warrant or color of legal authority;
4. The property must be devoted to a public use or otherwise informally appropriated or
injuriously affected; and
5. The utilization of the property for public use must be in such a way as to oust the
owner and deprive him of all beneficial enjoyment of the property. (Republic v. Vda.
De Castellvi, G.R. No. L-20620)

When does custodial investigation begin?

It begins to operate as soon as the investigation ceases to be a general inquiry into an

unsolved crime and begins to focus a particular suspect, the suspect is taken into custody,
and the police carries out a process of interrogations that tends itself to eliciting incriminating
statements that the rule begins to operate. (People v. Verzo, G.R. No. 117321)

Differentiate between the right to a speedy trial and right to speedy disposition of
cases.

Speedy Trial Speedy Disposition of Cases

It may only be invoked in criminal prosecutions If cases may be invoked before any
against courts of law. tribunal, whether judicial or quasi-
judicial. Accused must already be
prejudiced by the proceeding for the
right to be invoked.
(Catamco v. Sandiganbayan, G.R. No. 243560-62)

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When may the right against self-incrimination be invoked?

Proceeding When can the right be invoked

The accused may invoke the right against self-incrimination by refusing

to take the witness stand. The witness may only invoke the right when
Criminal
an incriminating question is asked. (Bagadiong v. Gonzales, G.R. L-
25966)

Generally the right cannot be invoked in civil cases, unless a question

Civil
calls for a criminating answer. (Bagadiong v. Gonzales, G.R. L-25966)

The right may only be invoked if the penalty to be imposed by the

Administrative administrative body partakes of the nature of a criminal proceeding.
(Cabal v. Kapunan, G.R. No. L-19052)

May an accused be charged by both an ordinance and a statute arising from the
same act?

No. The constitutional protection against double jeopardy is available so long as the acts which
constitute or have given rise to the first offense under the ordinance are the same acts which
have arisen to the offenses charged under the statute. (People v. Relova, G.R. No. L-45129)

Distinguish among the Writ of Habeas Corpus, Writ of Amparo, Writ of Kalikasan,
and Writ of Habeas Data.

Grounds

1. There exists a case of illegal confinement or detention where a

Writ of Habeas person is deprived of his or her liberty; or
Corpus 2. Rightful custody of any person is withheld from the person entitled
thereto. (RoC, Rule 102, Sec. 1)

1. Persons whose right to life, liberty and security is violated or

threatened with violation;
Writ of 2. The violation arises from an unlawful act or omission of a public
Amparo official or employee, or of a private individual or entity; and
3. The writ shall cover extralegal killings and enforced disappearances
or threats thereof. (A.M. No. 07-09-12-SC)

1. Actual or threatened violation of the constitutional right to a

balanced and healthful ecology;
2. The violation arises from an unlawful act or omission of a public
Writ of official or employee, or private individual or entity; and
Kalikasan 3. The 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. (International Service
v. Greenpeace, G.R. No. 209271)

1. It is a remedy available whose right to privacy in life, liberty or

security is violated or threatened; and
Writ of Habeas 2. The violation arises from an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in
Data
the gathering, collecting or storing of data or information regarding
the person, family, home and correspondence of the aggrieved
party. (Vivares v. STC, G.R. No. 202666)

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Who are considered as Filipino Citizens?

1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance with law. (PHIL CONST. Art IV. Sec. 1)

Distinguish between an Election Protest and a Quo Warranto proceeding.

Election Protest Quo Warranto

Strictly a contest between the defeated and Refers to questions of disloyalty or

winning candidates based on grounds of
election frauds or irregularities as to who
actually obtained the majority of the legal
votes and therefore is entitled to hold the
office.
ineligibility of the public official or franchise
holder. It is a proceeding to unseat the
ineligible person from office, but not to
install the protestant in place.

Can only be filed by a candidate who has duly Can be filed by any voter.
filed a certificate of candidacy and has been
voted for.

A protestee may be ousted and the protestant The respondent may be unseated.
seated in the office vacated.

(Lokin v. COMELEC, G.R. No. 179431-32)

Distinguish between amendments and revisions to the Constitution.

Revision Amendment
Definition Implies a change that alters a Refers to a change that adds, reduces, or
basic principle in the Constitution, deletes, without altering the basic
like altering the principle of principle involved. Generally affects only
separation of powers or the a specific provision.
system of checks and balances.
There is also revision if the
change alters the substantial
entirety of the Constitution.
How May be proposed by Congress, 1. May be proposed directly by
proposed upon a vote of ¾ of all its Congress, upon a vote of ¾ of all its
members or a Constitutional members; or
2. Through the calling of a
Convention.
constitutional convention which
requires the vote of ⅔ of all members
of Congress.
3. May also be proposed by the people
through initiative upon petition of at
least 12% of total number of
registered voters, of which every
legislative district must be
represented by at least 3% of the
registered voters therein.
How Ratified by a majority of votes Ratified by a majority of votes cast in
ratified cast in plebiscite after approval of plebiscite after approval of amendment
revision. by Congress.

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Amendments proposed through people’s

initiative shall be ratified by majority of
votes cast in plebiscite after certification
by Commission of Elections.
(Lambino v. COMELEC, G.R. No. 174153)

What are the sources of International Law?

1. International conventions, whether general or particular, establishing rules expressly

recognized by the contesting States;
2. International custom, as evidence of a general practice accepted as law;
3. General principles of law recognized by civilized nations;
4. Judicial decisions; and
5. The teachings of the most highly qualified publicists of the various nations (Statute
Of The International Court Of Justice, Art. 38 (1))

Does the President have the absolute power to unilaterally withdraw from a treaty
or international agreement?

No. The President enjoys some leeway in withdrawing from agreements which he determines
to be contrary to the Constitution or statutes, but he cannot unilaterally withdraw from such
agreements entered into with the concurrence of the Senate which expressly declared that
any withdrawal must also be made with its concurrence. (Pangilinan v. Cayetano, G.R. No.
238875)

When is the Precautionary Principle applicable?

It is applied in resolving environmental cases when the causal link between human activity
and an environmental effect cannot be established with certainty. Based on this principle, an
uncertain scientific plausibility of serious and irreversible damage to the environment justifies
actions to avoid the threat of damage. (West Tower Condominium Corp. v. First Philippine
Industrial Corp., G.R. No. 194239)

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