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MEDIA LAW Week 1
LAW ACCORDING TO ST. THOMAS OF
AQUINAS
“Law is an ordinance of reason for the common
good, promulgated by the one who is in charge
of the community” (St. Thomas Aquinas, STh
I-II, 90, 4; CCC 1976). Law is primarily a
reasonable plan of action, “a certain rule and
measure of acts whereby man is induced to act
or is restrained from acting” (S.t., 1–2, q. 90, aa.
1, 3; S.c.g., 3, 114).
Eternal Law is the Divine Wisdom of God which
oversees the common good and governs
everything. Eternal law is God’s plan to lead all
creation towards God’s eternal salvific plan to be
holy and blameless before Him through Jesus
Christ (Ephesians 1:4–5)[1].
Divine Law is the historical laws of Scripture
given to us through God’s self-revelation.
Natural Law is “the rational creature’s
participation in the eternal law” (ST I-II, Q. 91,
A. 2.). “The highest norm of human life is the
divine law — eternal, objective, and universal
— whereby God governs us according to His
wisdom and love. God makes Man a sharer in
His law so Man can recognize the unchanging
truth.” It is “natural” as it consists of Reason
given to us by the “higher reason”
Human Law is the interpretation of natural law
in different contexts. Government laws are
dictates of practical reason from the precepts of
Natural Law.
LAW AS DEFINED BY SANCHEZ ROMAN
Sanchez Roman defines it as “a rule of conduct,
just, obligatory, promulgated by the competent
authority for the common good of a people or
nation, which constitutes an obligatory rule of
conduct for all its members.”
SOURCES OF LAW
The main sources of Philippine law are:
● the Constitution - the fundamental and
supreme law of the land
● statutes - including Acts of Congress,
municipal charters, municipal
legislation, court rules, administrative
rules and orders, legislative rules and
presidential issuances.
● treaties and conventions - these have the
same force of authority as statutes.
● judicial decisions - Art 8 of the Civil
Code provides that ‘judicial decisions
applying to or interpreting the laws or
the Constitution shall form a part of the
legal system of the Philippines’. Only
decisions of its Supreme Court establish
jurisprudence and are binding on all
other courts.
To some extent, customary law also forms part
of the Filipino legal system. Art 6, part 2 of the
Constitution provides that ‘the State shall
recognise, respect, and protect the rights of
indigenous cultural communities to preserve and
develop their cultures, traditions and
institutions’.
HIERARCHY OF LAWS IN THE
PHILIPPINES
1. The Philippine Constitution
2. National Laws/International Treaties and
Agreements
3. Administrative or executive acts
4. Ordinance
RULE OF LAW

The rule of law is a principle of governance in
which all persons, institutions and entities,
public and private, including the State itself, are
accountable to laws that are publicly
promulgated, equally enforced and
independently adjudicated, and which are
consistent with international human rights norms
and standards. It requires, as well, measures to
ensure adherence to the principles of supremacy
of law, equality before the law, accountability to
the law, fairness in the application of the law,
separation of powers, participation in
decision-making, legal certainty, avoidance of
arbitrariness and procedural and legal
transparency.
INHERENT POWER OF STATE
● Power of Taxation - An inherent power
of the state exercised through
legislature, to impose burdens upon
subjects and objects within its
jurisdiction, for the purpose of raising
revenues to carry out the legitimate
objects of the government.
● Police Power - This is the power vested
in the Legislature by the Constitution to
make, ordain, and establish all manner
of wholesome and reasonable laws,
statutes and ordinances, either with
penalties or without, not repugnant to
the Constitution, for the good and
welfare of the State and its subjects.
● Eminent Domain - This is the right of
the State to acquire private property for
public use upon payment of just
compensation and observance of due
process.
EMINENT DOMAIN VS.
EXPROPRIATION VS. NEGOTIATED
SALE
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Eminent domain - right of the state to acquire
private property for public use upon payment of
just compensation.
Expropriation - procedure to be followed in the
exercise of the right eminent domain.
Negotiated sale is the preferred mode in ROW
acquisitions (unless the owner agrees to donate
the site) as it avoids going through the tedious
process of expropriation.
In negotiating the purchase of a property, the
government agency is required to offer
compensation to the owner in an amount
equivalent to the sum of (a) current market value
of the land, (b) replacement cost of structures
and improvements on it, and (c) current value of
planted crops and trees.
ARTICLE 435 OF THE CIVIL CODE OF
THE PHILIPPINES
Art. 435. No person shall be deprived of his
property except by competent authority and for
public use and always upon payment of just
compensation.
Should this requirement be not first complied
with, the courts shall protect and, in a proper
case, restore the owner in his possession.
TWO STAGES IN AN EXPROPRIATION
PROCEEDING
Expropriation or the exercise of the power of
eminent domain is the inherent right of the state
and of those entities to which the power has
been lawfully delegated to condemn private
property to public use upon payment of just
compensation.31 Governed by Rule 67 of the
Rules of Court, the proceedings therefore consist
of two (2) stages: (a) the condemnation of the

property after it is determined that its acquisition
will be for a public purpose or public use; and,
(b) the determination of just compensation to be
paid for the taking of private property to be
made by the court with the assistance of not
more than three commissioners
REQUISITES OF EMINENT DOMAIN
1. the property taken must be private
property
2. there must be genuine necessity to take
the private property
3. the taking must be for public use
4. there must be payment of just
compensation; and (5) the taking must
comply with due process of law.
TAXATION
Is the inherent power by which the sovereign
state imposes financial burden upon persons and
property as a means of raising revenues in order
to defray the necessary expenses of the
government.
The imposition of financial charges or other
levies upon taxpayers by a state.
TAXES - Fees that support government
programs and are required by law to be applied
to income, property and goods.
LIFEBLOOD THEORY
The life blood theory constitutes the theory of
taxation, which provides that the existence of
government is a necessity; that government
cannot continue without means to pay its
expenses; and that for these means it has a right
to compel its citizens and property within its
limits to contribute.
PARTS OF THE CASE LAW
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1. Title- provides for the general subject
matter of the legislative measure.
2. Preamble- purpose of the law (whereas
clause)
3. Enacting clause- declares the source of
the promulgation
4. Body- contains the provisions of the law
5. Repealing clause- the act of repealing
law.
6. Separability clause- provides the other
portions of the statutes not affected
thereby are still in force and effect.
7. Date of effectivity- provides the date
when the law will take effect.
Week 2
THE THREE BRANCHES OF THE
PHILIPPINE GOVT
a. Executive - The executive branch is
headed by the President who functions
as both the head of state and the head of
government. The president is also the
Commander-in-Chief of the Armed
Forces of the Philippines. The second
highest official, the vice-president is
first in line to succession should the
president resign, be impeached or die in
office. The vice-president usually,
though not always, may be a member of
the president's cabinet.
b. Legislative - The remainder of the
House seats are designated for sectoral
representatives elected at large through a
complex "party list" system, hinging on
the party receiving at least 2% to 6% of
the national vote total. The district and
sectoral representatives are elected with
a term of three years. They can be
reelected but they are no longer eligible
to run for a fourth consecutive term. The
senators are elected to a term of six
years. They can be reelected but they are
no longer eligible to run for a third
consecutive term

c. Judiciary - The judiciary branch of the
government is headed by the Supreme
Court, which has a Chief Justice as its
head and 14 Associate Justices, all
appointed by the president on the
recommendation of the Judicial and Bar
Council.
Who exercises legislative power in the
Philippines? (Art. VI. Sec. 1)
Legislative power is vested in both the
government and the two-chamber congress—the
Senate (the upper chamber) and the House of
Representatives (the lower chamber). Judicial
power is vested in the courts with the Supreme
Court of the Philippines as the highest judicial
body.
What is legislative power?
The Legislative branch is authorized to make
laws, alter, and repeal them through the power
vested in the Philippine Congress. This
institution is divided into the Senate and the
House of Representatives.
A grant of legislative power means the grant of
all legislative powers for all purposes of civil
government. Accordingly, the legislative power
of Congress, except to the extent reserved to the
people by the provisional initiative and
referendum, may be characterized as plenary or
general subject only to specific limitations in the
Constitution
The Legislative Branch enacts legislation,
confirms or rejects Presidential appointments,
and has the authority to declare war. This branch
includes Congress (the Senate and House of
Representatives) and several agencies that
provide support services to Congress.
What is bicameralism?
A system of government in which the
legislature comprises two houses.
Advantages
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● A second chamber (Senate) is necessary
to serve as a check to hasty and
ill-considered legislation:
● It serves as a training ground for future
leaders;
● It provides a representation for both
regional and national interests;
● A bicameral legislature is less
susceptible to bribery and control of big
interests; and
● It is the traditional form of legislative
body dating from ancient times; as such,
it has been tested and proven in the
crucible of human experience.
Disadvantages
● The bicameral setup has not worked out
as an effective fiscaling machinery
● Although it affords a double
consideration of bills, it is no assurance
of better considered and better
deliberated legislation
● It produces duplication of efforts in
serious deadlocks in the enactment of
important measures with the Conference
Committee of both Houses, derisively
called the “third chamber,” practically
abrogating to itself the power to enact
laws under its authority to thresh out
differences.
● All things being equal it is more
expensive to maintain than a unicameral
legislature
● The prohibitive costs of senatorial
elections have made it possible for only
wealthy individuals to make it to the
Senate and asked the claim that a Senate
is needed to provide a training ground
for future leaders, two of our presidents
became chief executives even if their
service was confined in the House of
Representatives
What is the composition of the Senate in the
Philippines? (Art. VI, Sec. 2).
The Senate shall be composed of twenty-four
Senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law; the House of Representatives
shall be composed of not more than 250 (unless

otherwise fixed by law), 20 percent of whom
must be Party-list representatives.
Qualification to be a Senator (Art. VI, Sec. 3)
The qualifications for membership in the Senate
are expressly stated in Section 3, Art. VI of the
Constitution is as follows:
● No person shall be a Senator unless he is
a natural-born citizen of the Philippines,
and on the day of the election, is at least
thirty-five years of age, able to read and
write, a registered voter, and a resident
of the Philippines for not less than two
years immediately preceding the day of
the election.
● A registered voter has two qualities:
○ Has all the qualifications of a
voter
■ PH citizen,
Natural-born citizens
are those who are
citizens of the
Philippines from birth
without having to
perform any act to
acquire or perfect their
Philippine citizenship.
(Art. IV, Sec. 2)
■ 18 years old up, and
■ At least 6 months of
residence in the city or
municipality they will
vote preceding the
election)
○ No disqualifications provided
by law
■ Sentenced by final
judgment to suffer
imprisonment
■ Committed any crime
involving disloyalty to
the duly constituted
government such as
rebellion, sedition,
violation of the
anti-subversion and
firearms laws, or any
crime against national
security; and
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■ Declared metally-insane
or incompetent by a
competent authority
● It is worthy to note that the age is fixed
at 35 and must be possessed on the day
of the elections, that is, when the polls
are opened and the votes cast, and not
on the day of the proclamation of the
winners by the board of canvassers.
● With regard to the residence
requirement, it was ruled in the case of
Lim v. Pelaez that it must be the place
where one habitually resides and to
which he, after an absence, has the
intention of returning.
● The enumeration laid down by the
Constitution is exclusive under the Latin
principle of expressio unius est exclusio
alterius. This means that Congress
cannot anymore add additional
qualifications other than those provided
by the Constitution.
TERM OFFICE OF A SENATOR (Art. VI
Sec. 4)
The senators are elected to a term of six years.
They can be reelected but they are no longer
eligible to run for a third consecutive term.
HOUSE OF REPRESENTATIVES (Art. VI
Sec. 5 (1))
The Constitution provides that the House of
Representatives shall be composed of not more
than two hundred and fifty (250) members,
unless otherwise fixed by law, who shall be
elected from legislative districts apportioned
among the provinces, cities, and the
Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected
through a party-list system of registered
national, regional, and sectoral parties or
organizations.
The 250-limit set by the Constitution can
increase due to the increasing population of the
country. Each city with a population of at least

two hundred fifty thousand, or each province,
shall have at least one representative.
The party-list representatives shall constitute
twenty per cent (20%) of the total number of
representatives including those under the party
list.
For the first three terms after the 1987
Constitution is ratified, fifty percent (50%) of
the seats allocated to the party-list
representatives are filled by members from the
labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law, except the
religious sector.
The current House of Representatives is
composed of 304 members, 243 of which are
from congressional districts and 61 from
party-list representatives.
QUALIFICATIONS (Art. VI Sec. 6)
● should be a natural-born citizen of the
Philippines and,
○ Natural-born citizens are those who
are citizens of the Philippines from
birth without having to perform
any act to acquire or perfect their
Philippine citizenship. (Art. IV,
Sec. 2)
● on the day of the election, is at least
twenty-five (25) years of age. For youth
party-list/sector representatives, they
should be at least twenty-five (25) years
of age but not more than thirty (30)
years of age
● able to read and write, and, except the
party list representatives,
● a registered voter in the district in which
he shall be elected,
● and a resident thereof for a period of not
less than one year immediately
preceding the day of the election.
TERM OFFICE OF HOR (Art. VI Sec. 7)
The Members of the House of Representatives
shall be elected for a term of three years
beginning at noon on June 30 (1), and shall
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serve for no more than three consecutive terms
(1).
BILLS AND LAWS (Art. VI, Sec. 26)
These are general measures, which if passed
upon, may become laws. A bill is prefixed with
S., followed by a number assigned the measure
based on the order in which it is introduced. The
vast majority of legislative
proposals––recommendations dealing with the
economy, increasing penalties for certain crimes,
regulation on commerce and trade, etc., are
drafted in the form of bills. They also include
budgetary appropriation of the government and
many others. When passed by both chambers in
identical form and signed by the President or
repassed by Congress over a presidential veto,
they become laws.
A bill may be vetoed by the President, but the
House of Representatives may overturn a
presidential veto by garnering a 2/3rds vote. In
here, the vetoed bill becomes a law. (Art. VI,
Sec. 27 (1))
Pocket veto, or the vetoing of a bill through
inaction (not signing the bill for long periods of
time) in the President’s part is not allowed. If the
President neither sign nor veto a bill within
thirty (30) days, the bill will lapse into law.
STEPS IN THE PASSAGE OF BILLS
1. Senator/Representative Files the Bill -
Any member of either House may
present a proposed bill signed by him
for first reading and reference to the
proper committee. the bill is filed with
the office of the secretary where it is
given the corresponding number and
calendared for first reading
2. First Reading - During the first reading
the principal author of the bill may
propose the inclusion of additional
authors thereof. The bill is read by its
number and title and the name/names of
the author or authors
3. Referral to Appropriate Committee
a. Immediately after the first
reading the bill is referred to the

proper committee or committees
for study and consideration.
b. It may conduct hearings and
consultation meetings. It then
approves the bill with or without
amendments or recommend
substitution or consolidation
with similar bills filed.
c. If this approved in the
committee the bill dies a natural
death unless the house decides
otherwise following the
submission of the report
4. Second Reading
a. If the committee reports the bill
favorably the bill is forwarded
to the committee on rules so that
it can be calendared for
deliberation on second reading.
b. At this stage the bill is read for
the second time in its entirety
together with the amendments,
if any, proposed by the
committee unless the reading is
dispensed with by a majority
vote of the house.
5. Deliberation/Debates - A general
debate is then opened after the second
reading and sponsorship speech of the
author of the bill. Amendments may be
proposed by any member of Congress.
The insertion of changes or amendments
shall be done in accordance with the
rules of either House. the house may
either kill or pass the bill. A bill
approved on second reading shall be
included in the calendar of bills for third
reading
6. Printing and Distribution - After
approval of the bill on second reading
the bill is then ordered print that in its
final form our version and copies of it
are distributed among the members of
the House three days before its passage
accepted in the case of bills certified by
the President
7. Third Reading - At this stage. only the
title of the bill is read on the floor.
Nominal voting is held. open the last
reading of a bill no amendments there to
is allowed in the vote there on this taken
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immediately thereafter and yeas and
nays enter in the journal. As a rule, a
majority of the members constituting a
quorum is sufficient to pass a bill.
8. Referral to Other House - Give
approved the bill is then referred to the
other house where substantially the
same procedure takes place. if the other
house approved the bill without changes
or amendments the final version is
signed by the Senate President and the
speaker of the House of Representatives.
9. Submission to joint bicameral
committee - Differences if any between
the House’s bills and the Senate’s
amended version and vice versa are
submitted to a conference committee of
members of both houses for compromise
or to reconcile conflicting provisions. if
either house accepts the change made by
the other no compromise is necessary
10. Submission to the President
a. A bill approved on third reading
by both houses shall be printed
and forthwith transmitted to the
president for his
action---approval or disapproval
that is.
b. Results
i. Bill signed into law
ii. Bill vetoed and sent
back with a veto
message
iii. Bill lapses into law if
not acted upon after 30
days
What bills must originate from the House of
Representatives? (Art. VI, Sec. 24)
All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of
local application, and private bills shall originate
exclusively in the House of Representatives, but
the Senate may propose or concur with
amendments.
1. Appropriation bill - Is one of the
primary and specific aims of which is to
make appropriations of money from the
public treasury A bill of general

legislation which carries an
appropriation as an incident there to
carry out its primary and specific
purpose is not an appropriation bill
2. Revenue Bill - The primary and
specific purpose of which is to raise
revenue
3. Tariff Bill - As used in the Constitution,
it has reference to one enforcing custom
duties for revenue purposes. A bill
imposing high tariff rates (rates of
custom duties) on certain imported
articles to protect local industries against
foreign competition (which is its
primary purpose) it's not a revenue bill,
and, therefore, not a tariff bill as
contemplated by the Constitution,.,
Although incidentally it creates
substantial revenue.
4. Bill authorizing increase of the public
debt - One which creates public
indebtedness such as a bill providing for
the issuance of bonds and other forms of
obligations, Such ones are to be paid
with the proceeds to be derived from
taxation and other sources of
government
5. Bill of local application - One affecting
purely local or municipal concerns like
one creating a city or municipality or
changing its name
6. Private bill - One affecting purely
private interests such as one granting a
franchise to a person or corporation, our
compensation to a person for damages
suffered by him for which the
government considered itself liable
When do laws take effect?
“Laws shall take effect after fifteen (15) days
following the completion of their publication in
the Official Gazette or in a newspaper of general
circulation, unless it is otherwise provided.” -
RA 369 ARTICLE 2 OF THE CIVIL CODE OF
THE PHILIPPINES.
No publication is needed if:
● Where a law provides for its own
effectivity, such as, for example, July 4,
2002; or “upon approval’’ (i.e., by the
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President or by Congress over the veto
of the President), publication in the
Official Gazette is not necessary so long
as it is not punitive in character. (Refer
to the case below)
● If a law is signed on the last hour of
June 16, and the law itself says it
becomes effective upon approval, was it
already effective even during the first
hour of June 16? In Republic of the Phil.
v. Encarnacion (L-3936, Dec. 29, 1950),
it was held that the answer should be in
the affirmative, would be confronted
with a situation where the fixing of the
date of effectivity would depend on the
unreliable memory of man.
ARTICLE 3 OF THE NEW CIVIL CODE
Ignorance of the law excuses no one from
compliance therewith.
Comment (From Civil Code of the Philippines
Annotated by Edgardo L. Paras)
A familiar legal maxim is found in the Latin
Ignorantia legis non excusat meaning Ignorance
of the law excuses no one. It would seem that
this maxim is a bit unfair today: before the
compliance is required, there must be due
promulgation of the law; now then, the present
method of promulgation — publication in the
Official Gazette is clearly inadequate — firstly,
the Official Gazette generally comes out several
years late; secondly, how many of our citizens
can get hold of a copy thereof, much less, read
the same? Moreover, in a very real sense, law
was made for evil men. The good hardly needs
law when they do good acts, this is not because
they are deliberately complying with the law, but
because they are simply good men.
On the other hand, without the maxim, the
corrupt will make social existence unbearable,
abuses will increase, and ignorance will be
rewarded.
Applicability of the Maxim
Art. 3 applies to all kinds of domestic laws,
whether civil or penal (Luna v. Linatoc, 74 Phil.

15; Delgado v. Alonzo, 44 Phil. 739), and
whether substantive or remedial (Zulueta v.
Zulueta, 1 Phil. 258) on grounds of expediency,
policy, and necessity, i.e., to prevent evasion of
the law. However, the maxim refers only to
mandatory or prohibitive laws, not to permissive
or suppletory laws.
Ignorance of foreign law is not ignorance of the
law, but ignorance of the fact because foreign
laws must be alleged and proved as matters of
fact, there being no judicial notice of said
foreign laws. (Adong v. Cheong Seng Gee, 43
Phil. 43; Sy Joc Lieng v. Syquia, 16 Phil. 137)
If the foreign law is not properly alleged and
proved the presumption is that it is the same as
our law. (Estate of Suntay, 50 O.G. 5321). Thus,
a marriage in China celebrated before a village
leader therein cannot be recognized as valid in
the Philippines, unless there is proof that indeed
in China and according to Chinese law such a
marriage is regarded as valid. Without such
proof, we will assume that the law on marriage
in China is the same as the law in the
Philippines, and in our country, it is well-known
that a village leader cannot perform a marriage,
whether before or after the effectivity date of the
new Civil Code. (Wong Woo Yiu v. Vivo, et al.,
L-21076, Mar. 31, 1965).
EXECUTIVE POWER (Art. VII, Sec. 1)
Executive power has been defined as a power to
administer the laws which means carrying them
into practical operation and enforcing their due
observance.
The laws include the Constitution, statutes
enacted by Congress, decrees (issued under the
1973 constitution), executive orders of the
President and decision of courts.
Following the 1935 Charter, Section 1 vests the
executive power in one person alone: the
President of the Philippines. It is, therefore,
accurate to refer to him as the Executive not
merely Chief Executive. The President, in a
presidential system of government, is however
referred to also as the Chief Executive
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Under both the 1935 Constitution and the
present Constitution the president is both the
head of State and the head of Government
Unlike the Prime Minister under the 1973
Constitution (as amended) the President is not a
legislative leader with membership in Congress.
He is purely an executive.
QUALIFICATIONS FOR A PRESIDENT
AND VICE PRESIDENT (Art. VII, Sec. 2, 3 )
● natural-born Filipino;
● a registered voter;
● must be able to read and write;
● 40 years of age at the day of the election
(not proclamation or assumption to the
office); and
● must have resided in the Philippines ten
years before the election is held.
The Vice-President must have the same
qualifications as the President. (Sec. 3.) The
Constitution doe~ not prescribe any educational,
academic, or literacy qualifications except only
the ability to read and write, in line with the
egalitarian objectives of our democratic society.2
(see Preamble.)
TERM OF OFFICE (Art. VII, Sec. 4 (1), (2) )
President - The President of the Philippines is
elected by direct vote by the people for a term of
six years. He may only serve for one term, and is
ineligible for reelection. The term of the
President of the Philippines starts at noon of the
30th day of June after the election.
No person who has succeeded as President and
has served as such for more than four years shall
be qualified for election to the same office at any
time. (ex. Gloria Macapagal-Arroyo took over
after Edsa 2 in 2001 and ran for reelection in
2004)
Vice President - The Vice President of the
Philippines is elected by direct vote by the
people for a term of six years, and may run for
reelection once. The term of the Vice President

of the Philippines starts at noon of the 30th day
of June after a regular election is held.
Both the President and the Vice President of the
Philippines are elected via a direct vote of the
people for a term of six years. In case of a tie,
the President and the Vice President shall be
chosen by a vote of a majority of all the
members of Congress.
How is the vacancy in the Office of the
President filled when it occurs after a
Vice-President has taken the oath of office?
(Art. VII, Sec. 8)
In case of death, permanent disability, removal
from office, or resignation of the President, the
Vice-President shall become the President to
serve the unexpired term. In case of death,
permanent disability, removal from office, or
resignation of both the President and
Vice-President, the President of the Senate or, in
case of his inability, the Speaker of the House of
Representatives, shall then act as President until
the President or Vice-President shall have been
elected and qualified.
The Congress shall, by law, provide who shall
serve as President in case of death, permanent
disability, or resignation of the Acting President.
He shall serve until the President or the
Vice-President shall have been elected and
qualified, and be subject to the same restrictions
of powers and disqualifications as the Acting
President.
How is the vacancy in the Office of the
Vice-President filled whenever the
Vice-President is unable to serve the term for
which he was elected? (Art. VII, Sec. 9)
“Whenever there is a vacancy in the Office of
the Vice-President during the term for which he
was elected, the President shall nominate a
Vice-President from among the Members of the
Senate and the House of Representatives who
shall assume office upon confirmation by a
majority vote of all the Members of both Houses
of the Congress, voting separately.” - SEC 9 OF
THE 1987 PH CONSTITUTION.
10
MIDNIGHT APPOINTMENT (Art. VII, Sec.
15)
Midnight appointment is defined as an
appointment to political office made during the
last hours of the term of office of the person in
whom the right of making such appointment is
vested.
Two months immediately before the next
presidential elections and up to the end of his
term, a President or acting President shall not
make appointments, except temporary
appointments to executive positions when
continued vacancies therein will prejudice public
service or endanger public safety.
The purpose is to stop or curb the possible
misuse by the outgoing President of the power
of appointment for the purpose of enlisting
political support during the presidential elections
and for the partisan consideration after his
defeat.
Exceptions
When vacancies would prejudice public service
or endanger public safety. Appointments are
allowed provided that it is (1) temporary, (2)
vacancies are Executive Positions and (3) urgent
in the interest of public service and safety.
THE CALLING-OUT POWER OF THE
PRESIDENT (Art. VII, Sec. 18)
The President shall be the Commander-in-Chief
of all armed forces of the Philippines and
whenever it becomes necessary, he may call out
such armed forces to prevent or suppress lawless
violence, invasion or rebellion. (Art. VII, Sec.
18)
The Constitution makes the president, a civilian,
the commander-in-chief of all armed forces of
the Philippines. He's authorised whenever it
becomes necessary to call out such armed forces
to prevent or suppress lawless violence invasion
or rebellion. This provision ensures the
supremacy of the civil authorities over the
military forces of the government

The President is not only a civil official but also,
in a sense, a military officer. Although, he is not
a member of the armed forces and is not subject
to court-martial or military discipline.
THE PRESIDENT’S POWER TO SUSPEND
THE PRIVILEGE OF WRIT OF HABEAS
CORPUS (Art. VII, Sec. 18)
In case of invasion or rebellion, when the public
safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of
the writ of habeas corpus or place the
Philippines or any part thereof under martial
law.
The writ of habeas corpus is an order issued by a
court of competent jurisdiction directed to the
person detaining another, commanding him to
produce the body of the person. at a designated
time and place and to show sufficient cause for
holding and custody the individual so detain.
Its purpose is to inquire into all matters of
involuntary restraint or detention as
distinguished from voluntary and to relieve a
person they're from if such restraint is found
illegal. the right is the proper remedy in each
and every case of detention without legal cause
or authority. Its principal purpose 10 is the set
the individual at liberty
Two conditions are necessary in order that the
president may suspend the privilege of the writ:
(1) There must be invasion or rebellion and (2)
public safety must require the suspension.
The suspension of the privilege shall apply with
respect to the person judicially charged for
rebellion or offenses inherent in or directly
connected with invasion. A person arrested or
detained must be released if not judicially
charged within 3 days. This mandate is directed
against the practice in the past of retaining and
definitely persons for alleged political offenses
without charges being held against them in
court. Even when the privilege of the writ of
habeas corpus is suspended, the right to bail is
not impaired
11
THE PRESIDENTIAL POWER TO
DECLARE MARTIAL LAW (Art. VII, Sec.
18)
In its comprehensive sense, it includes all the
laws that have reference to and are administered
by the military forces of the State, which
includes:
a. The military law proper, that is, the laws
enacted by the lawmaking body for the
government or the armed forces and
b. The rules governing the conduct of
military forces in times of war and in
places under military occupation
In its strict sense, it is that law that has
application when the military arm does not
supersede civil authority but is called upon to
aid it in the execution of its vital function. The
constitutional refer to this meaning of martial
law
The right to declare, apply and exercise martial
law is one of the rights of sovereignty. It is as
essential to the existence of the nation has the
right to declare and carry on war the power is
founded on the necessity and is inherent in every
government
The object of martial law is the preservation of
public safety and good order unless the right and
power exists–peace, good order, security, and the
government itself may be destroyed in
obliterated when the domination of lawless
elements become so far that it cannot be stopped
by the civil authorities
Being founded on necessity, the exercise of the
power may not extend beyond what is required
by the exigency, which it call forth. Section 18
sets a time limit for the duration of the state of
martial law and the suspension of the privilege
of the writ of habeas corpus
Restrictions in the power to declare martial
law
● There must be an ACTUAL invasion or
rebellion and public safety requires the
proclamation or suspension.

● The duration shall not exceed 60 days
unless extended by Congress (which
must contain within 24 hours following
the proclamation or suspension without
the need for a call upon the initiative of
the President i.e. he must ask for an
extension for the proclamation or
suspension for a period to be determined
by Congress itself
● The President must submit a report in
person or in writing to Congress within
48 hours from the proclamation or
suspension to guide congress in deciding
the action it should take i.e revocation
or extension
● The proclamation or suspension may be
revoked by a majority vote of all the
members of Congress voting jointly, but
not separately, which revocation shall
not be set aside by the President. (Art.
VII, Sec. 18 (3))
● The Supreme Court may inquire into the
sufficiency of the factual bases of the
proclamation or suspension. Hence, both
the actions of the President and
Congress (in case of extension) are
made subject to judicial review. (Art.
VII, Sec. 18 (3))
● The effects of a state of martial law are
clearly spelled out to define the extent of
its power.
Effects of the state of martial law
● Operation of Constitution - Martial
law neither suspend the operation of the
Constitution, nor give the power of the
government to the military. The
constitution states that civilian authority
is always superior over the military (Art.
2 Sec. 3). Whatever interference on
liberty and property must be justified, as
in the case of police power, by absolute
necessity in the interest of national
safety and public welfare. (Art. VII,
Sec. 18 (4))
● Functions of civil courts and
legislative assemblies - It does not
supplant The functioning of the civil
courts or legislative assemblies. The
proclamation of martial law serves as a
warning to the citizens that the military
12
powers have been called upon by the
President to assist him in the
maintenance of law and order. no new
powers are given to the president; no
extension of arbitrary authority is
recognized; no civil rights of an
individual are suspended. Martial law is
declared only to assist the civil
government, not to supplant it. (Art.
VII, Sec. 18 (4))
● Jurisdiction of military courts and
agencies - It does not give jurisdiction
to military courts and agencies over
civilians where civil courts are able to
function. For example, A person may
not be arrested and detained indefinitely
without court orders and civilians may
not be tried by a military commission or
court-martial for crime relating to
national security. When martial law is
declared, neither civil authorities are
superseded by military authorities, nor
civil law are superseded.
● Privilege of the writ of habeas corpus
- It does not automatically suspend the
privilege of the writ of habeas corpus.
The privilege continues to be available
to persons under detention until
suspended by the President subject to
the restrictions imposed. Privilege is
suspended only to persons judicially
charged for rebellion or offenses
inherent in or directly connected with
invasion. (Art. VII, Sec. 18 (5))Any
persons arrested or detain shall be
judicially charged within three days
otherwise they shall be released. This
provision should effectively negate the
suspension when an actual emergency
occurs. (Art. VII, Sec. 18 (6))
Week 3
THE JUDICIAL BRANCH OF
GOVERNMENT AND THE SEPARATION
OF POWERS

The Judicial Power
● The judicial power shall be vested in
one Supreme Court and in such lower
courts as may be established by law.
Section 1, Paragraph 2 Article VIII of
the 1987 PH Constitution
○ Judicial power rests with the
Supreme Court and the lower
courts, as established by law.
● Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which
are legally demandable and
enforceable, and to determine whether
or not there has been a grave abuse of
discretion amounting to lack or excess
of jurisdiction on the part of any
branch or instrumentality of the
Government. - Section 1, Paragraph 2
Article VIII of the 1987 PH Constitution.
[t]here must be a contrariety of legal
rights that can be interpreted and
enforced on the basis of existing law
and jurisprudence.
○ Grave abuse of discretion -
The term grave abuse of
discretion is defined as a
capricious and whimsical
exercise of judgment so patent
and gross as to amount to an
evasion of a positive duty or a
virtual refusal to perform a duty
enjoined by law, as where the
power is exercised in an
arbitrary and despotic
manner because of passion or
hostility. Judicial power is the
power to apply the laws to
contests or disputes
concerning legally recognized
rights or duties between the
State and private persons, or
13
between individual litigants in
cases properly brought before
the judicial tribunals
● The judicial power is vested in the
Supreme Court, as well as in lower
courts as may be established by law.
The inferior courts include: the Court of
Appeals, the Court of Tax Appeals; the
Regional Trial Courts, the Metropolitan
Trial Courts; and the Sandigan bayan,
and the Office of the Ombudsman.
● Judicial power includes the authority of
the courts to hear and settle disputes.
Such disputes may involve conflicts
between or among private persons. They
may also be between private citizens
and the government or between one
agency of the government and other.
● The Supreme Court is the highest
tribunal in the Philippines. It consists
of the Chief Justice and 14 Associate
Justices, appointed by the following are
the qualifications to become a member
of the Supreme Court
○ Chief Justice - Alexander G.
Gesmundo
○ Associate Justices
■ Estela M.
Perlas-Bernabe
■ Marvic M.V.F. Leonen
■ Alfredo Benjamin S.
Caguioa
■ Ramon Paul L.
Hernando
■ Amy C. Lazaro-Javier
■ Henri Jean Paul B.
Inting
■ Rodil V. Zalameda
■ Mario V. Lopez
■ Samuel H. Gaerlan
■ Ricardo R. Rosario
■ Jhosep Y. Lopez
■ Japar B. Dimaampao

■ Justice Jose Midas P.
Marquez
■ Justice Antonio T. Kho
Jr
Scope of judicial power
1. Adjudicatory power
a. It includes the duty of courts of
justice to:
i. Settle actual controversies
involving rights which are
legally demandable and
enforceable
ii. To determine whether there
has been a grave abuse of
discretion amounting to lack
or excuse of jurisdiction on
the part of any branch or
instrumentality of the
government
b. To be legally demandable and
enforceable in courts rights must
be derived from law or
recognized by law
c. No one can escape judicial
scrutiny, not even the President or
Congress, when facing complains
of great indiscretion or abuse of
authority (arrest and detention of
persons without charge, declaration
of martial law without sufficient
factual basis) by invoking the
political nature of their acts or
pronouncements.
2. Power of judicial review
a. Includes the power to:
i. The passive on the
validity or
constitutionality of the
laws of the State and
the acts of other
departments of the
government
ii. to interpret them and
14
iii. to render binding
judgments
b. Judicial review is a court
proceeding involving the review
of the lawfulness of a decision or
action made by a public body. It
is really concerned with the matter
of the right procedures having
been followed.
3. Incidental powers
a. It likewise includes the incidental
powers necessary to the effective
discharge of the judicial
functions such as the power to
punish persons adjudged in
contempt.
b. Incidental powers of courts: Every
court shall have power (and this
includes courts of justices of the
peace) to preserve and enforce
order in its immediate presence; .
. . to compel obedience to its
judgments, orders, and process.
Judicial Power vested in one Supreme Court
and in lower courts
Judicial court, under the Constitution, is “vested
in one Supreme Court and in such lower courts
as may be established by law”. The judiciary
composed of the courts is one of the three main
divisions of power in our government. As the
highest court of the land, the decision of the
supreme court are binding on all lower
tribunals
● Classification of courts - Under the
provision, only the Supreme Court is
a constitutional court in the sense of
being a creation of the constitution. All
other courts, including the
Sandiganbayan, are statutory courts in
the sense that they are creations of law.
They are referred to as lower courts in

the constitution meaning courts below
that of the Supreme Court
● Creation and abolition of courts by
Congress - In the exercise of its
legislative power, Congress may
abolish any of all lower courts and
replace them with other courts
subject to the limitations that the
reorganization shall not undermine
security of tenure. It cannot, however,
abolish the Supreme Court; neither can
it create an additional Supreme Court
because the Constitution provides for
only one Supreme Court; neither can
it abolish the Sandiganbayan because
its existence is constitutionally
recognized although Congress, in the
exercise of its legislative power, may
determine its functions and jurisdiction.\
Expansion of the Judicial Power
● The 1987 Constitution expanded the
concept of judicial power by granting
the courts the power to determine
whether or not there has been a grave
abuse of discretion amounting to lack
or excess of jurisdiction on the part of
any branch or instrumentality of the
government (Article VIII, Section 1)
● Briefly stated, courts of justice
determine the limits of power of the
agencies and offices of the
government as well as those of its
officers. In other words, the judiciary is
the final arbiter on the question
whether or not a branch of government
or any of its officials has acted without
jurisdiction or in excess of
jurisdiction, or so capriciously as to
constitute an abuse of discretion
amounting to excess of jurisdiction or
lack of jurisdiction. This is not only a
judicial power but a duty to pass
15
judgment on matters of this nature.
(Araullo v. Aquino III)
● Judicial power, as I said, refers to
ordinary cases but where there is a
question as to whether the
government had authority or had
abused its authority to the extent of
lacking jurisdiction or excess of
jurisdiction, that is not a political
question. Therefore, the court has the
duty to decide.
● Political question doctrine - The
political question doctrine holds that
some questions, in their nature, are
fundamentally political, and not legal,
and if a question is fundamentally
political ... then the court will refuse to
hear that case. The Courts can only
settle “actual controversies,” which
refers to legal questions. Anything not
involving legal methods knowledge of a
non-legal character or the use of
techniques not suitable for a court or
explicitly assigned by the Congress, or
the President, falls into the “political
question.”
● This is also called Certiorari jurisdiction
of the courts.
● It could be used by practitioners to
appeal to the Supreme Court.
Who wields the judicial power?
The judicial power shall be vested in one
Supreme Court and in such lower courts as
may be established by law
Section 2. The Congress shall have the power to
define, prescribe, and apportion the jurisdiction
of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases
enumerated in Section 5 hereof. No law shall be
passed reorganizing the Judiciary when it

undermines the security of tenure of its
Members.
Inferior Courts
● Court of Appeals (CA) - 69 Justices
headed by a Presiding Justice which
operates in 23 divisions each comprising
three members, The Court sits en banc
only to exercise administrative,
ceremonial, or other function. The
Court of Appeals shall also have the
power to try cases and conduct hearings,
receive evidence and perform acts
necessary to resolve factual issues
raised in cases falling within its
original and appellate jurisdiction,
including the power to grant and
conduct new trials or proceedings.
○ This is considered as the second
highest tribunal in the country.
○ It is composed of one presiding
justice and 68 associate
justices, all of which are
appointed by the President
from a shortlist submitted by
the Judicial and Bar Council.
○ The qualifications for the
justices of the Supreme Court
also apply to members of the
Court of Appeals.
The Court of Appeals’ principal
mandate is to exercise appellate (court
decision to be reversed) jurisdiction on
all cases not falling within the original
and exclusive jurisdiction of the
Supreme Court. Its decisions are final
except when appealed to the Supreme
Court on questions of law. The
jurisdiction of the Court of Appeals are
as follows:
1. Original jurisdiction to issue
writs of mandamus,
16
prohibition, certiorari, habeas
corpus, and quo warranto, and
auxiliary writs or processes,
whether or not in aid of its
appellate jurisdiction;
2. Exclusive original jurisdiction
(means that the court has the
right to hear the case first) over
actions for annulment of
judgements of Regional Trial
Courts; and
Exclusive appellate jurisdiction (the
court hears an appeal from a court of
original jurisdiction) over all final
judgements, resolutions, orders or
awards of Regional Trial Courts and
quasi-judicial agencies,
instrumentalities, boards or commission.
● Court of Tax Appeals - (with five
justices and a Presiding Justice) was
created under Republic Act 1125, as
amended by RA 9282, which has
exclusive appellate jurisdiction to
review on appeal, among others,
decision of the Commissioner of
Internal Revenue involving internal
revenue taxes and decision of the
Commissioner of Customs involving
custom duties.
○ R.A. No. 9503 took effect on
July 5, 2008, which further
enlarged the organizational
structure of the CTA. The CTA
is now composed of one (1)
Presiding Justice and eight (8)
Associate Justices.
● The Second Level Courts (Regional
Trial Courts/RTC) - Presided by 720
Regional Trial Judges in each of the
regions of the country. Regional trial
courts exercise both original and
appellate jurisdiction. They exercise

appellate jurisdiction over all cases
decided by metropolitan trial courts,
municipal trial courts, municipal trial
court in cities and municipal circuit trial
courts in their respective territorial
jurisdictions.
● The First Level Courts (Metropolitan
Trial Courts/MeTC, Municipal Trial
Courts in Cities/MTCC, Municipal Trial
Court/MTC, and Municipal Circuit Trial
Courts/MCT)) - In Metropolitan areas
established by law; a Municipal Trial
Court in every city not forming part of a
metropolitan area and in each of the
municipalities not comprised within a
metropolitan area; also include a
Municipal Circuit Trial Court in each
area defined as a municipal circuit
comprising of one or more cities and/or
one or more municipalities grouped
together according to law.
● Sandiganbayan - (14 justices and a
Presiding Justice which operates in five
divisions each comprising three
members) was created by Presidential
Decree 1606 pursuant to the mandate of
the 1973 Constitution. It “shall continue
to function and exercise its jurisdiction”
as provided in said decree or as may be
provided by a subsequent law The
Sandiganbayan tries and decides
criminal and civil cases against
government officials and employees
accused of graft and corruption and
similar other offenses.
● Office of the
Ombudsman/Tanodbayan - precedent. It further determines the rules of
Tanodbayan shall receive and
investigate complaints relative to
public office, including those in
government-owned or controlled
corporations, make appropriate
recommendations, and in appropriate
cases, file and prosecute criminal, civil
17
or administrative cases before the proper
court or body.
○ To receive and investigate
complaints from aggrieved
persons against government
agencies and statutory
corporations and /or officials
and employees of such
agencies and organizations.
● The Shari'a District & Circuit Courts
(applicable in certain provinces of
Mindanao where the Muslim Code on
Personal Laws is being enforced.) - A
Shari'a District Court is of limited
jurisdiction. It was created under
Presidential Decree No. 1083. Cases
falling within the exclusive jurisdiction
of the Shari'a District Courts primarily
pertain to family rights and duties as
well as contractual relations of
Filipino Muslims in the Mindanao.
Hierarchy of the Courts in the Philippines
The judiciary of the Philippines consists of the
Supreme Court, which is established in the
Constitution, and three levels of lower courts,
which are established through law by the
Congress of the Philippines. The Supreme
Court has expansive powers, able to overrule
political and administrative decisions, and
with the ability to craft rules and law without
procedure for lower courts, and its members
sit on electoral tribunals.
Below the Supreme Court is the Court of
Appeals, which also has national scope with
different divisions based in different regions
of the country. Decisions from this court can

only be appealed to the Supreme Court. Below
this level are Regional Trial Courts, which are
spread throughout the country among judicial
regions. Some of these courts are specialized to
deal with certain types of cases. Below these
courts are the first level Metropolitan and
Municipal Trial Courts, which are located in
cities and municipalities throughout the country.
Outside of the regular court systems, special
courts have been set up to deal with particular
cases. These include the Court of Tax Appeals
and the Sandiganbayan, which are considered
equivalent to the Court of Appeals. In some
parts of the country, Sharia courts have been
established. Outside of the court system, a
number of quasi-judicial bodies have some
powers established by law.
A becoming regard for that judicial hierarchy
most certainly indicates that petitions for the
issuance of extraordinary writs against first level
("inferior") courts should be filed with the
Regional Trial Court, and those against the
latter, with the Court of Appeals. A direct
invocation of the Supreme Court's original
jurisdiction to issue these writs should be
allowed only when there are special and
important reasons therefor, clearly and
specifically set out in the petition.
The Supreme Court is a court of last resort, and
must so remain if it is to satisfactorily perform
the functions assigned to it by the fundamental
charter and immemorial tradition.
Jurisdiction of the Supreme Court
Jurisdiction - power or authority of a court to
hear, try and decide a case
1. General - when it is empowered to
decide all disputes which may come
before it except those assigned to other
18
courts (e.g., jurisdiction of the Regional
Trial Courts)
2. Limited - when it has authority to hear
and determine only a few specified
cases (e.g., jurisdiction of special courts,
supra.);
3. Original. - when it can try and decide a
case presented for the first time;
4. Appellate - when it can take a case
already heard and decided by a lower
court removed from the latter by appeal;
5. Exclusive. - when it can try and decide a
case which cannot be presented before
any other court;
6. Concurrent. - when any one of two or
more courts may take cognizance of a
case;
7. Criminal - that which exists for the
punishment of crime; and
8. Civil - that which exists when the
subject matter is not of a criminal nature
(e.g., collection of debt)
Judicial Power vested in one Supreme Court
and in lower courts
Judicial court, under the Constitution, is “vested
in one Supreme Court and in such lower courts
as may be established by law”. The judiciary
composed of the courts is one of the three main
divisions of power in our government. As the
highest court of the land, the decision of the
supreme court are binding on all lower tribunals
● Classification of courts - Under the
provision, only the Supreme Court is
a constitutional court in the sense of
being a creation of the constitution.
All other courts, including the
Sandiganbayan, are statutory courts in
the sense that they are creations of law.
They are referred to as lower courts in
the constitution meaning courts below
that of the Supreme Court

● Creation and abolition of courts by
Congress - In the exercise of its
legislative power, Congress may abolish
any of all lower courts and replace them
with other courts subject to the
limitations that the reorganization shall
not undermine security of tenure. It
cannot, however, abolish the Supreme
Court; neither can it create an additional
Supreme Court because the Constitution
provides for only one Supreme Court;
neither can it abolish the
Sandiganbayan because its existence
is constitutionally recognized
although Congress, in the exercise of
its legislative power, may determine its
functions and jurisdiction.
Composition of the Supreme Court
● The Supreme Court under the present
Constitution is composed of a Chief
Justice and 14 Associate Justices. The
members of the Court are appointed by
the President from a list prepared by the
Judicial and Bar Council of at least three
nominees for every vacancy.
Qualifications to be a member of the Supreme
Court
● Natural-born citizen of the Philippines;
● at least 40 years of age;
● a judge in a lower court of record for
at least 15 years or engaged in the
practice of law in the Philippines for
the same period; and
● a person of proven competence (15
years service as judge in lower courts
or 15 years of practicing the law),
integrity, probity and independence
(walang kinikilingan, as in walang
connections as others outside court).
19
○ This criterion has something to
do with the qualities of mind
and spirit which a member of
the judiciary must possess. It is
intended as a guide to the
recommending body (Judicial
and Bar Council) and the
appointing authority (President),
and as a reminder to the
appointee. ' This qualification is
prescribed for all members of
the judiciary. Its indispensability
is easily seen when it. is
accepted that any system of
justice is only "as good or as
bad as its judges.'
● They hold office during good behavior
until they reach the age of 70 years or
become incapacitated to discharge the
duties of their office.
● They can be removed only by
impeachment. Grounds for
impeachment include conviction of
culpable violation of the Philippine
Constitution, treason, bribery, other
high crimes, or graft and corruption.
○ E.g.: Impeachment of former
Chief Justice Renato Corona.
Grounds: Betrayal of Public
Trust, Culpable Violation of the
Constitution, and Graft and
Corruption.
Judicial and Bar Council (JBC)
● The Judicial and Bar Council's (JBC)
primary task is to recommend
appointees to the Judiciary and the
Office of the Ombudsman for the
President's perusal. The council aims
to enhance the quality of the search,
screening, and selection process, as well
as insulate the process from undue
influence of any kind.

● Instead of leaving its creation to
legislation, the Constitution itself creates
the Council, providing at the same time
its composition, appointment of the
members, their terms of office, their
salary, and their functions. 1 (Sec. 8.)
Although it is not expressly mentioned
by the Constitution as a qualification, a
member of the Council, like a member
of the judiciary, must be a person of
proven competence, integrity, probity
and independence. (Sec. 7[3J.) The
broad-based membership of the Council
will help ensure quality appointments to
the judiciary.
Appointment of members of the Supreme
Court and judges of lower courts
1. Non-political process of selection and
appointment. - The appointing power
is vested alone in the President. (Sec.
9.) Under the 1973 Constitution, only
the President was involved in the
appointment of high officials of the
government, including members of the
judiciary. There was no effective remedy
in case of abuse by the President of his
appointing power. The situation was a
little better under the 1935 Constitution.
The members of the Supreme Court
and judges of lower courts were
appointed by the President of the
Philippines with the consent of the
Commission on Appointments in
Congress. However, this power of
Congress to confirm appointments to the
judiciary was sometimes a source of
political "haggling" and "horse trading"
which affected the judicial independence
of the appointees.
● Haggling- negotiations between
two parties.
20
● Horse trading- agreements that
provide both sides advantages.
A non-political process of selection and
appointment of members of the judiciary
is now provided.
2. List of at least three (3) nominees. -
The President shall appoint from a list of
at least (3) nominees prepared by the
Judicial and Bar Council for every
vacancy. The President cannot appoint
anybody outside of the list but he can
ask for additional nominees. Such
appointments need no confirmation
from the Commission on
Appointments. This avoids the pitfalls
of the 1935 Constitution .
The President shall issue the
appointments of judges of lower courts
within 90 days from the submission of
the list.
3. Judicial and Bar Council. - Instead of
leaving its creation to legislation, the
Constitution itself creates the Council,
providing at the same time its
composition, appointment of the
members, their terms of office, their
emoluments, and their functions. 1 (Sec.
8.) Although it is not expressly
mentioned by the Constitution as a
qualification, a member of the Council,
like a member of the judiciary, must be a
person of proven competence, integrity,
probity and independence. (Sec. 7[3J.)
The broad based membership of the
Council will help ensure quality
appointments to the judiciary.
4. Exclusive authority to recommend
appointees to the judiciary. - ln the
past, appointments to the judiciary were
claimed to have been influenced by
political and other extraneous reasons. It
 21

is expected that giving to the Judicial states which they

and Bar Council, in place of the represent .
Commission on Appointments, the b. Types of petitions
exclusive authority to nominate justices i. Certiorari - as a
and judges will further insulate the special civil action, not
judiciary from political intrusion, result as a means of elevating
in the appointment only of persons "of an appeal. It is a writ
proven competence, integrity, probity issued from a superior
and independence," contribute to the court (Supreme Court,
substantial improvement of the Court of Appeals, or
administration of justice, and enhance Regional Trial Court)
the faith of the people in the courts and requiring a lower
their respect for law. court or a board, or
officer exercising
Critics say, however, that the new judicial functions to
nominating and selection process has transmit the records of
not completely removed politics and a case to the superior
outside influence in the process. court for purposes of
review. It will lie when
Powers of the Supreme Court such tribunal, etc., has
acted without or in
According to the 1987 Constitution, Art. VIII, excess of its or his
sec. 5, The Supreme Court exercises the jurisdiction, or with
following powers: grave abuse of
discretion, and appeal
1. Exercise jurisdiction over cases or any other remedy is
affecting ambassadors, other public not available to the
ministers and consuls, and over aggrieved party
petitions for certiorari, prohibition, ii. Prohibition - It is a writ
mandamus, quo warranto, and by which a superior
habeas corpus. court commands a
a. On ambassadors lower court or a
i. As a rule, ambassadors corporation, board or
and other public person acting without or
ministers are exempt in excess of its or his
from the jurisdiction jurisdiction, or with
of tribunals of the grave abuse of
country to which they discretion, to desist
are accredited. This is from further
based on the principle proceedings in an
of international law that action or matter. It
they are considered will lie only when no
extensions of the appeal or any other
sovereignty of the remedy is available to

the aggrieved party.
Prohibition is a of the lower courts in:
negative remedy
prohibiting the doing
of a certain act.
iii. Mandamus - It is an
order issued by a
superior court
commanding a lower
court or a corporation,
board, or person to
perform a certain act
which it is its or his
duty to do. Again, this
writ will lie only when
no other remedy in the
ordinary course of law
is available. Mandamus
is an affirmative remedy
ordering a certain act to
be done.
iv. Quo warranto - It is
an action by the
government to recover
an office or franchise
from an individual or
corporation usurping
or unlawfully holding
it
v. Habeas corpus - a law
stating that an
individual cannot be
imprisoned or held in
custody inside a prison
cell unless he/she has
first been brought
before a court of law,
which decides whether
or not it is legal for the
person to be kept in
prison.
2. Review, revise, reverse, modify, or
affirm, on appeal or certiorari, as the
law or the Rules of Court may
22
provide, final judgments and orders
● All cases in which the
constitutionality or validity of
any treaty, international or
executive agreement, law,
presidential decree,
proclamation, order, instruction,
ordinance, or regulation is in
question;
● All cases involving the legality
of any tax, impost, assessment,
or toll, or any penalty imposed
in relation thereto;
● All cases in which the
jurisdiction of any lower court is
in issue;
● All criminal cases in which the
penalty imposed is reclusion
perpetua or higher;
● All cases in which only an error
or question of law is involved;
3. Assign temporarily judges of lower
courts to other stations as public
interest may require. Such temporary
assignments shall not exceed six
months without the consent of the
judge concerned.
a. Section 5(3) modifies the rule
established under the 1935
Constitution, which empowered
the executive department to
designate or transfer to another
district a judge appointed for a
particular district, but with the
approval of the Supreme Court
b. Under the provision, temporary
assignments of judges of lower
courts may be made only by the
Supreme Court. This additional
constitutional power further
enhances the independence of
the judiciary by eliminating
possible political influence in

such assignments. It is also
consistent with the transfer of
the administrative supervision
of the judicial machinery to the
Supreme Court. (
c. The requirement that the
temporary assignment of a
judge to another station for a
period longer than six months
must be with his consent
accommodates the demand for
such detail when required by the
exigencies of the service (e.g. ,
to relieve the clogged dockets of
a court which is vacant) while at
the same time protecting the
right of a judge to permanency
at a station.
d. If the transfer is a permanent
want it can only be effected with
the consent of the judge
concerned and by the extension
of a new appointment by the
president the reason is that a
judge and joy security of tenure
and such transfer is tantamount
to removal from one office and
an appointment to a new office
the station of the judges to place
where is assigned by law to hold
regular sessions. A regional trial
court judge is appointed by
region may be assigned by any
regional branch of the court in
the city or municipality within
the same region without the
need of hiss consent because the
whole region is his station.
4. Order a change of venue or place of
trial to avoid a miscarriage of justice.
a. The Supreme Court can order a
change of venue or place of trial
whenever the imperative of
securing a fair and impartial
23
trial or of preventing a
miscarriage of justice so
demands. (Sec. 5[4].) This had
been done before in one case
under the 1935 Constitution by
the Supreme Court where the
complainants who were also the
prosecution witnesses in several
criminal cases against the
accused, a member of a family
known to be very powerful and
influential in the place of trial,
were reluctant to testify, it
appearing that they had reasons
to fear that attempts would be
made to silence them, and there
was no guarantee that such a
possibility would not take place.
b. Rather than make the Supreme
Court rely upon the general
grant of judicial power , the
present Constitution expressly
invests the Supreme Court with
the specific prerogative to
transfer the place of hearing in
the interest of truth and justice.
5. Promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading,
practice, and procedure in all courts;
the admission to the practice of law,
the Integrated Bar; and legal
assistance to the underprivileged.
Such rules shall provide a simplified
and inexpensive procedure for the
speedy disposition of cases, shall be
uniform for all courts of the same
grade, and shall not diminish,
increase or modify substantive rights.
Rules of procedure of special courts
and quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court.

6. Appoint all officials and employees of
the Judiciary in accordance with the
Civil Service Law (Sec. 5 , id.).
a. This authority further enhances
its independence as envisioned
by the Constitution. It was
formerly provided by law. Once
appointed,. they shall be entitled
to the protection of the
provisions of the Constitution
on Civil Service.
b. It should be recalled that
Congress may, by law, vest in
courts, a uthority to appoint
"other officers lower in rank" in
the judiciary. (see Art. VII, Sec.
The Supreme Court has adopted and
promulgated the Rules of Court for the
protection and enforcement of constitutional
rights, pleadings and practice and procedure
in all courts, and the admission in the practice
of law. Amendments are promulgated through
the Committee on Revision of Rules. The
Court also issues administrative rules and
regulations in the form of court issuances posted
on the Supreme Court E-Library website.
The Power of Judicial Review
● Section 1, Article VIII of the 1987
Constitution states in part that: Judicial
power includes the duty of courts of
justice to settle actual controversies
involving rights which are legally
demandable and enforceable, and to
determine whether or not there has been
a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part
of any branch or instrumentality of the
government.
● Judicial review is part of the elaborate
system of checks and balances of a
democratic form of government. It is the
24
idea that the actions of the executive
and legislative branches of
government are subject to review and
possible invalidation by the judiciary. It
allows the Supreme Court to take an
active role in ensuring that the other
branches of government abide by the
provisions of the Constitution.
● The power of judicial review is the
power of the courts, ultimately of the
Supreme Court, to interpret the
Constitution and to declare any
legislative or executive act invalid
because it is in conflict with the
fundamental law. This authority is
derived by clear implication from the
provisions of Sections 4(2, 3) and 5(2, a,
b), Article VIII of the Constitution.
● Through such power, the judiciary, the
Supreme Court particularly, enforces
and upholds the rule of law and
supremacy of the Constitution. It is
because the courts are the official (but
not necessarily the only) interpreters of
the Constitution that a study of our
Constitution is, in large measure, a study
of judicial decisions and opinions on the
meaning and application of its
provisions.
● The power of judicial review now
includes "the duty to determine
whether or not there has been a grave
abuse of discretion amounting to lack
or excess of jurisdiction on the part of
any branch or instrumentality of the
Government." (Sec. 1, par. 2.) This is
true although the question before the
court may be political in character,
which ordinarily cannot be inquired into
by the courts. (infra.)
The requisites for the exercise of the power of
judicial review are the following:

1. There must be an actual case or
justiciable controversy before the
court;
2. The question before the court must be
ripe for adjudication;
3. The person challenging the act must be
a proper party; and
4. The issue of constitutionality must be
raised at the earliest opportunity and
must be the very cause or motivation
of the case.
Limits on the exercise of power of judicial
review:
1. There must be a concurrence of at least
a majority of the member who
actually took part in the deliberations
on the issues in the case and voted
thereon (Sec 4[2, 3].);
2. A law, etc must be sustained unless
clearly repugnant to the Constitution
in view of the presumption of validity.
In other words, when there are two
possible interpretations, by one of
which a statute would be
unconstitutional, and by the other would
be valid, the court should adopt the
latter
3. The question of wisdom, propriety, or
necessity of a law, etc., is not open to
determination by the court and
4. Political questions are generally
addressed to the political (i.e.,elective)
branches (namely, the President and
Congress) of the government and are,
therefore, not justiciable.
Rule-making Powers
The Supreme Court has the exclusive power
to promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all
courts, the admission to the practice of law,
25
the integrated bar, and legal assistance to the
underprivileged.
Any such rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases, shall be uniform for all
courts of the same grade, and shall not
diminish, increase, or modify substantive
rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court. (Art.
VIII, §54(5))
The Supreme Court is vested by the Constitution
with full legislative authority to promulgate
rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the
practice of law, the integrated bar, and legal
assistance to the underprivileged. The rules
promulgated are called the "Rules of Court."
Such rules have the force and effect of law.
Rules of procedure of special courts (i.e.,
Sandiganbayan, Court of Tax Appeals) and
quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court
1. Protection and enforcement of
constitutional rights- The Constitution
accords great importance to the full
enjoyment of by the people of their
constitutional rights that even the
supreme court is enjoin to promulgate
rules of procedure concerning the
protection and enforcement in cases
pending before the courts. These rights
are mostly found in Article III (Bill of
Rights). The Constitution recognizes
the evils of what has been termed as
“compartmentalize justice”whereby
through unequal application of the law,
those who have power influence are

favored to the detriment of poor,
ignorant or helpless litigants
In criminal prosecutions, the
Constitution seeks to avoid the
conviction or punishment of an accused
who may be innocent.
2. Pleading - It is the act of presenting
one's claim, answer, or arguments in
defense or prosecution of an action.
The term is often used to refer to any
paper filed in court in connector. with a
case before it. In a strict sense, however,
pleadings are the written allegations
made by parties to a case for the purpose
of presenting the issues to be tried. 17
Examples of pleadings are the written
complaint and the answer thereto.
3. Practice of Law - As generally
understood, it is the doing or
performing of services in a court of
justice, in any matter pending therein.
In a larger sense, it includes legal advice
and counsel and the preparation of
legal instruments and contracts
although such matter may not be
pending in court.
4. Procedure - It refers to the method by
which substantive rights may be
enforced in courts of justice. The rules
on court procedure promulgated by the
Supreme Court are now embodied in the
Revised Rules of Court of the
Philippines
5. Admission to the practice of law or to
the Bar - Person is said to be admitted
to the Bar or is a member of the Bar
when he is authorized by the Supreme
Court to practice law in the Philippines.
He is authorized if he has the necessary
legal, moral, and educational
qualifications, and the preparation or
26
training in law and has passed the
required examination.
6. Integrated bar - It means the official
national unification of the entire
lawyer population of the Philippines
in a single organization. This requires
membership and financial support (in
reasonable amount) of every attorney as
conditions sine qua non to the practice
of law and the retention of his name in
the Roll of Attorneys of the Supreme
Court.
a. The term "Bar" refers to the
collectivity of all persons
whose names appear in the
Roll of Attorneys of the
Supreme Court. An Integrated
Bar (or Unified Bar) perforce
must irnclude all lawyers.
b. The general purposes of an
integrated bar are:
i. To elevate the standards
of the legal profession;
ii. To improve the
administration of
justice; and
iii. To enable the bar to
discharge its public
responsibility more
effectively
7. Legal assistance to the
underprivileged - Poor and
uninformed litigants are entitled to
legal assistance from the government
in defending or enforcing their rights to
redress the imbalance between the
parties in civil and criminal cases. For
instance, they are given lawyers, free of
charge, to represent them and are
exempted from paying court fees.
Without governmental help, victims of
injustice may take the law in their own
hands to vindicate their rights. The
consequent mistrust of the judicial

process paves the way to the breakdown
of the law
The rules concerning legal assistance to
the underprivileged must assure that free
access to the courts and quasi-judicial
bodies is not denied to any person by
reason of poverty. (Art. III, Sec. 11) The
observance of this constitutional
mandate will go a long way in instilling
in the people faith in our justice delivery
system as the haven of their rights and
freedom.
Limitations on the rule-making power of the
Supreme Court
1. Such rules shall provide a simplified
and inexpensive procedure for the
speedy disposition of cases;
2. They shall be uniform for all courts of
the same grade; and
3. They shall not diminish, increase. or
modify substantive rights (as
distinguished from procedural rights).
(Sec. 5[5.1.)
4. Congress has the power to repeal,
alter or amend the rules promulgated
by the Supreme Court.
SEPARATION OF POWERS
The Philippines is a republic with a presidential
form of government wherein power is equally
divided among its three branches: executive,
legislative, and judicial. The government seeks
to act in the best interests of its citizens through
this system of check and balance
One basic corollary in a presidential system
of government is the principle of separation
of powers wherein legislation belongs to
Congress, execution to the Executive, and
settlement of legal controversies to the
Judiciary.
27
Under the principle of co-equal and coordinate
powers among the three (3) branches, the
officers entrusted with each of these powers
are not permitted to encroach upon the
powers confided to the others. If one
department goes beyond the limits set by the
Constitution, its acts are null and void. The
adoption of this principle was motivated by the
belief that arbitrary rule would result if the same
person or body were to exercise all the powers
of government. The accumulation of powers in
one person or department of government is
considered one of the chief characteristic evils
of tyrannical and despotic forms of
government . The idea is not to set one branch
against the other but, above all, to promote
governmental efficiency by insuring that all
functions of government are performed by
the people (or branch) especially assigned to
discharge them.
Week 4
Constitutional provisions affecting mass
media: Freedom of speech, of expression and
of the press and the Right to Information
SECTION 4 ARTICLE III OF THE 1987 PH
CONSTITUTION
“No law shall be passed abridging the freedom
of speech, of expression, or of the press, or the
right of the people peaceably to assemble and
petition the government for redress of
grievances.”
- as the freedom of expression, implies the right
to freely utter and publish whatever one pleases
without previous restraint and to be protected
against any responsibility for so doing as long as
it does not violate the law, or injure someone's

character, reputation or business. It also includes
the right to circulate what is published.
The Scope of freedom of speech, of
expression, and of the press
SPEECH
'Freedom of speech is the right to seek, receive
and impart information and ideas of all kinds, by
any means.
This includes the right to express your views
aloud (for example through public protest and
demonstrations) or through:
● published articles, books or leaflets
● television or radio broadcasting
● works of art
● the internet and social media
The law also protects your freedom to receive
information from other people by, for example,
being part of an audience or reading a magazine.
However, there are some laws that limit this
freedom. For example, this law is subject to the
laws against libel, incitement to violence, or
rebellion. Libel refers to a public and malicious
imputation of vice or defect, crime, real or
imaginary that can cause the contempt, discredit,
or dishonor of a person.
EXPRESSION
Everyone has the right to freedom of expression.
This right shall include the freedom to hold
opinions and to receive and impart information
and ideas without interference by public
authority and regardless of frontiers.
"Speech" and "expression'' include any form of
oral utterances. They cover picketing for by it
28
one silently expresses what he has in mind,
display of a flag, and salute to the flag. They
also embrace expression by means of motion
picture.
Undoubtedly, "immoral" lore or literature comes
within the ambit of free expression, although not
its protection.
In free expression cases, this Court has
consistently been on the side of the exercise of
the right, barring a "clear and present danger"
that would warrant State interference and action.
30 But, so we asserted in Reyes v. Bagatsing, 31
"the burden to show the existence of grave and
imminent danger that would justify adverse
action . . . lies on the . . . authorit[ies].
PRESS
Freedom of the press is guaranteed by a
government of free public press for its citizens
and their association, extended to members of
news gathering organizations, and their
published reporting. It also extended to news
gathering and processes involved in obtaining
information for public distribution.
Freedom of press implies that all people should
have the right to express themselves in writing
or in any other way of expression of personal
opinion or creativity.
The Universal Declaration of Human Rights
indicates: “Everyone has the right to freedom of
opinion and expression; this right includes
freedom to hold opinions without interference
and to seek, receive, and impart information and
ideas through any media regardless of frontiers”.
Purposes, basis, and significance of the
guarantee of Section 4 Article III of the 1987
PH Constitution

● Purpose
- This grants the Filipino citizens
the liberty to criticize the
government without the fear of
being censored or persecuted.
● Basis
- The freedom to express one's
beliefs and thoughts is the
foundation of democracy and
efforts to suppress such liberty
pose a significant threat to
society.
- The 1987 Constitution adopts
the generally accepted
principles of international law
as part of the law of the land
and adheres to the policy of
peace, equality, justice,
freedom, cooperation, and
amity with all nations.
● Significance
- It guarantees the individual the
civil rights and liberties to
express and criticize the
government without the fear of
being punished.
- It establishes the relationship of
the individual to the State and
defines the rights of the
individual by limiting the lawful
powers of the State. It is one of
the most important political
achievements of the Filipinos.
Importance of the guarantee
1. Promotes growth of the individual
and the nation. - If a man is not free to
communicate his ideas to others, not
only is his own moral and intellectual
development stifled but his fellowmen
are deprived of the benefit and
stimulation which he might impart to
29
them. And unless individuals are at
liberty to discuss the various issues that
confront the community, the
government, and the whole web of
social relationships, the search for truth
and perfection is impeded.
Freedom of expression is, therefore, an
inalienable human right that flows from
the very nature of man. As such, it must
be nurtured and protected by the State.
Without the right, the full and proper
growth of the individual, nay, the nation
is invariably stunted.
2. Makes possible scrutiny of acts and
conduct of public officials. - "No one
can doubt the importance of the right:
(a) to canvas the acts of public men and
the tendency of public measures, (b) to
censure boldly the conduct of rulers, and
(c) to scrutinize the policies and plans of
the government. If we would preserve
[this right], public opinion must be
enlightened; political vigilance must be
encouraged.
3. Insures a responsible and popular
government. - It is only through free
debate and free exchange of ideas that a
government remains responsive to the
will of the people and peaceful change is
effected. The people must be able to
voice their sentiments and aspirations so
that they may become active participants
in the political process (i.e., public
discussions, referenda, initiatives,
recalls, plebiscites and elections) as well
as in national development.
Restraints and Limits of Freedom
Freedom of expression is not absolute, nor is
it an "unbridled license that gives immunity

for every possible use of language and
prevents the punishment of those who abuse
this freedom."
The right of freedom of speech and of the press
is essential to the preservation and operation of a
stable democracy, but even this right is not
absolute at all times and under all circumstances.
It is always subject to some regulation by the
State in order that it may not be injurious to the
right of the community or society, and this
power may be exercised under the police power
of the State to promote or protect the public
welfare.
Thus, all speech is not treated the same. Some
types of speech may be subjected to some
regulation by the State under its pervasive
police power, in order that it may not be
injurious to the equal right of others or those
of the community or society. The difference in
treatment is expected because the relevant
interests of one type of speech, e.g., political
speech, may vary from those of another, e.g.,
obscene speech. Distinctions have therefore
been made in the treatment, analysis, and
evaluation of the permissible scope of
restrictions on various categories of speech. We
have ruled, for example, that in our jurisdiction
slander or libel, lewd and obscene speech, as
well as "fighting words" are not entitled to
constitutional protection and may be
penalized.
Anyone who slanders or libels another may be
penalized. Furthermore, "lewd and obscene"
speech is not entitled to constitutional protection
nor are "fighting words," words that by their
very utterance injure and provoke others to
attack. One has no right to stand up in a crowded
theater and yell "fire" merely to see the
confusion and possible panic that will result.
Seditious speeches are also outside the
protection of the Constitution. Were the right to
30
free speech absolute, he cannot be prosecuted
for he would only be exercising his freedom of
speech.
Moreover, the techniques of reviewing alleged
restrictions on speech (overbreadth, vagueness,
and so on) have been applied differently to each
category, either consciously or unconsciously. A
study of free speech jurisprudence—whether
here or abroad—will reveal that courts have
developed different tests as to specific types or
categories of speech in concrete situations; i.e.,
subversive speech; obscene speech; the speech
of the broadcast media and of the traditional
print media; libelous speech; speech affecting
associational rights; speech before hostile
audiences; symbolic speech; speech that
affects the right to a fair trial; and speech
associated with rights of assembly and
petition.
Note:
Defamation - a general area of law is called
defamation law. Libel and slander are forms of
defamation.
Slander - imputation is verbally made.
Libel - imputation is made through writing,
printing, photography, lithography, radio and
other similar mediums.
Generally, restraints on freedom of speech and
expression are evaluated by either or a
combination of three tests, i.e., (a) the
dangerous tendency doctrine which permits
limitations on speech once a rational connection
has been established between the speech
restrained and the danger contemplated; (b) the
balancing of interests tests, used as a standard
when courts need to balance conflicting social
values and individual interests and requires a
conscious and detailed consideration of the
interplay of interests observable in a given
situation of type of situation; and (c) the clear
and present danger rule which rests on the

premise that speech may be restrained because
there is a substantial danger that the speech will
likely lead to an evil the government has a right
to prevent. This rule requires that the evil
consequences sought to be prevented must be
substantive, "extremely serious and the degree
of imminence extremely high."
As articulated in our jurisprudence, we have
applied either the dangerous tendency doctrine
or clear and present danger test to resolve free
speech challenges. More recently, we have
concluded that we have generally adhered to the
clear and present danger test.
The abridgment of the freedom of speech and
expression
The abridgment of liberty, however, can be
justified only where there exists the substantial
danger that the speech will likely lead to an evil
the government has a right to prevent. This is
known as "the clear and present danger rule''
How substantial the danger must be and
immediate the evil results, depends upon the
nature of the interest threatened.
For example, persons distributing handbills
announcing a public meeting may not be denied
the right to do so merely because there is a clear
and present danger that the streets will become
cluttered. A town or city has the right to keep its
streets clean. but the interest in clean streets does
not justify suppression of speech.
On the other hand, a conspiratorial group may be
punished for publicly advocating a violent
overthrow of the government, even though the
likelihood of such an overthrow is remote. The
interest in preserving our government against
violent overthrow is more substantial than that in
keeping streets clean. The former justifies
restrictions on speech even when the danger is
remote, whereas the latter docs not justify
31
restriction even when the danger is immediate.
But where the seditious words do not pose a
clear and present danger to the State-ishable.
I. Dangerous Tendency Rule
- If the words uttered create a
dangerous tendency that the state has
a right to prevent, then such words
are punishable.
- It is not necessary that some definite or
immediate acts of force, violence, or
unlawfulness be advocated. (Cabansag
v. Fernandez, G.R. No. L-8974)
- The government will have the capacity
to restrict certain speech if it can
prove that a speech will have a
tendency to cause or incite illegal
activities.
- For example: a newspaper may be
prosecuted for printing even the truth
about pending litigation if it tends to
obstruct the administration of justice.
- Media coverage of a trial,
especially television cameras in
the courtroom, can affect the
behavior of witnesses and
jurors.
II. Clear and Present Danger Rule
- The evil consequence of the comment or
utterance must be "extremely serious
and the degree of imminence extremely
high" before the utterance can be
punished.
- No one has a right to say something that
would cause a clear (obvious) and
present (immediate) danger to other
people.
- For example, the freedom of speech
protected by the First Amendment (US
Constitution) does not allow a person to
shout 'Fire' in a crowded theater.
(Causes mass panic)

III. Balancing of Interest Test
- The "balancing of interests" test requires
that a determination must first be made
whether the necessary safeguarding of
the public interest involved may be
achieved by some other measure less
restrictive of the protected freedom.
- The jurists weigh the importance of
multiple factors in a legal case.
- For example, there’s an employee who
was terminated after writing a letter to
the editor of his local newspaper that
was highly critical of school district
officials but not people he worked with
on a day-to-day-basis. The employee is
arguing that it is for public concern,
then the court could proceed to
“balancing of interest” to weigh whether
the letter is really for public concern or
for the personal interest of the
employee.
- Factors to Consider
- The social value and importance
of the specific aspect of the
particular freedom restricted by
the legislation;
- The specific thrust of the
restriction, i.e., whether the
restriction is direct or indirect,
whether or not the persons
affected are few;
- The value and importance of the
public interest sought to be
secured by the legislation
- Whether the specific restriction
decreed by Congress is
reasonably appropriate and
necessary for the protection of
such public interest;
- Whether the necessary
safeguarding of the public
interest involved may be
achieved by some other measure
32
less restrictive of the protected
freedom.
Why is freedom of expression a preferred
right?
RIGHT TO LIFE IS THE MOST IMPORTANT
RIGHT.
The scope of freedom of expression is so broad
that it extends protection to nearly all forms of
communication. It protects speech, print and
assembly regarding secular as well as political
causes, and is not confined to any particular
field of human interest.
The preferred position doctrine expresses a
judicial standard based on a hierarchy of
constitutional rights so that some constitutional
freedoms are entitled to greater protection than
others. In the 20th century, the doctrine
represented a preference for individual liberties
and civil rights
It has been our constant holding that this
preferred freedom calls all the more for the
utmost respect when what may be curtailed is
the dissemination of information to make more
meaningful the equally vital right of suffrage
(Mutuc v. Comelec)
Freedom of expression has gained recognition as
a fundamental principle of every democratic
government, and given a preferred right that
stands on a higher level than substantive
economic freedom or other liberties.
This qualitative significance of freedom of
expression arises from the fact that it is the
matrix, the indispensable condition of nearly
every other freedom. (Palko v. Connecticut 302
U.S. 319 [1937]; Salonga v. Paño, 134 SCRA
438 [1985]) It is difficult to imagine how the

other provisions of the Bill of Rights and the
right to free elections may be guaranteed if the
freedom to speak and to convince or persuade is
denied and taken away (Adiong v. Comelec)
The cognate rights codified by Article III,
Section 4 of the Constitution, copied almost
verbatim from the First Amendment of the U.S.
Bill of Rights, were considered the necessary
consequence of republican institutions and the
complement of free speech. This preferred status
of free speech has also been codified at the
international level, its recognition now enshrined
in international law as a customary norm that
binds all nations.
In the Philippines, the primacy and high esteem
accorded freedom of expression is a
fundamental postulate of our constitutional
system. This right was elevated to constitutional
status in the 1935, the 1973 and the 1987
Constitutions, reflecting our own lesson of
history, both political and legal, that freedom of
speech is an indispensable condition for nearly
every other form of freedom. Moreover, our
history shows that the struggle to protect the
freedom of speech, expression and the press
was, at bottom, the struggle for the indispensable
preconditions for the exercise of other freedoms.
For it is only when the people have unbridled
access to information and the press that they will
be capable of rendering enlightened judgments.
In the oft-quoted words of Thomas Jefferson, we
cannot both be free and ignorant. (Chavez v.
Gonzales, G.R. No. 168338)
Four aspects of Freedoms
Philippine jurisprudence, even as early as the
period under the 1935 Constitution, has
recognized four aspects of freedom of the press.
These are (1) freedom from prior restraint; (2)
freedom from punishment subsequent to
33
publication; (3) freedom of access to
information; and (4) freedom of circulation.
(Chavez v. Gonzales, G.R. No. 168338)
Freedom of Prior Restraint
Freedom from prior restraint is largely freedom
from government censorship of publications,
whatever the form of censorship, and regardless
of whether it is wielded by the executive,
legislative or judicial branch of the government.
Prior restraint is a form of censorship that allows
the government to review the content of printed
materials and prevent their publication.
Its most blatant form is a system of licensing
administered by an executive officer (Board
Exams for journalists, etc) Similar to this is
judicial prior restraint which takes the form of
an injunction against publication. And equally
objectionable as prior restraint is the imposition
of license taxes that renders publication or
advertising more burdensome
Certain previous restraints may be permitted by
the Constitution, but determined only upon a
careful evaluation of the challenged act as
against the appropriate test by which it should be
measured against.
Hence, it is not enough to determine whether the
challenged act constitutes some form of restraint
on freedom of speech. A distinction has to be
made whether the restraint is (1) a
content-neutral regulation, i.e. , merely
concerned with the incidents of the speech, or
one that merely controls the time, place or
manner, and under well defined standards; or (2)
a content-based restraint or censorship, i.e. ,
the restriction is based on the subject matter of
the utterance or speech. The cast of the
restriction determines the test by which the
challenged act is assayed with.

When the speech restraints take the form of a
content-neutral regulation, only a substantial
governmental interest is required for its validity.
Because regulations of this type are not designed
to suppress any particular message, they are not
subject to the strictest form of judicial scrutiny
but an intermediate approach — somewhere
between the mere rationality that is required of
any other law and the compelling interest
standard applied to content-based restrictions.
On the other hand, a governmental action that
restricts freedom of speech or of the press based
on content is given the strictest scrutiny in light
of its inherent and invasive impact. Only when
the challenged act has overcome the clear and
present danger rule will it pass constitutional
muster, 65 with the government having the
burden of overcoming the presumed
unconstitutionality.
Freedom from punishment subsequent to
publication
The freedom of expression also includes the
protection against subsequent punishment or the
power of the state to impose punishment after
the utterance of an expression.
The aspect of freedom from liability subsequent
to publication precludes liability for completed
publications of views traditionally held innocent.
Otherwise, the prohibition on prior restraint
would be meaningless, as the unrestrained threat
of subsequent punishment, by itself, would be an
effective prior restraint. Thus, opinions on
public issues cannot be punished when
published, merely because the opinions are
novel or controversial, or because they clash
with current doctrines. This fact does not
imply that publishers and editors are never liable
for what they print. Such freedom gives no
immunity from laws punishing scandalous or
34
obscene matter, seditious or disloyal writings,
and libelous or insulting words. As classically
expressed, the freedom of the press embraces
at the very least the freedom to discuss
truthfully and publicly matters of public
concern, without previous restraint or fear of
subsequent punishment. For discussion to be
innocent, it must be truthful, must concern
something in which people in general take a
healthy interest, and must not endanger some
important social end that the government by law
protects.
Freedom of Access to Information or the
Right to Know
It is the right of every citizen to access official
records, documents and papers pertaining to
official acts, transactions or decisions, as well
as to government research data used as basis
for policy development (Sec. 7, Art. III, 1987
Constitution).
Freedom of access to information regarding
matters of public interest is kept real in several
ways. Official papers, reports and documents,
unless held confidential and secret by
competent authority in the public interest, are
public records. As such, they are open and
subject to reasonable regulation, to the
scrutiny of the inquiring reporter or editor.
Information obtained confidentially may be
printed without specification of the source; and
that source is closed to an official inquiry, unless
the revelation is deemed by the courts, or by a
House or committee of Congress, to be vital to
the security of the State
Example of gov’t platform for request of public
records: Citizens may directly lodge request(s)
through the E-FOI (electronic Freedom of
Information) Portal

Freedom of Circulation
Freedom of circulation refers to the
unhampered distribution of newspapers and
other media among customers and among the
general public. It may be interfered with in
several ways. The most important of these is
censorship. Other ways include requiring a
permit or license for the distribution of media
and penalizing dissemination of copies made
without it; and requiring the payment of a fee
or tax, imposed either on the publisher or on
the distributor, with the intent to limit or
restrict circulation.
These modes of interfering with the freedom to
circulate have been constantly stricken down as
unreasonable limitations on press freedom.
Thus, imposing a license tax measured by gross
receipts for the privilege of engaging in the
business of advertising in any newspaper, or
charging license fees for the privilege of selling
religious books are impermissible restraints on
the freedom of expression
Section 7 of Article III of the Constitution
The right of the people to information on
matters of public concern shall be recognized.
Access to official records, and to documents
and papers pertaining to official acts,
transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
The right of access in the above provision
implements the right to information. The
arguments given for the inclusion of the section
6 (now Sec. 7.) in the 1973 Constitution are:
● It is in consonance with the principle
of sovereignty. In a democratic society,
35
the sovereign people have the right of
access to the records of their
government;
● It will enable the people to participate
more effectively in governmental
affairs especially in questioning the acts
of the authorities;
● It will make denunciation of
government more factual, responsible,
and effective;
● It will provide a deterrent to the
commission of penalties because of the
resulting awareness of officials that their
acts will be exposed to the full light of
public scrutiny; and
● It will reduce public suspicion of
officials and thus foster rapport and
harmony between the government
and the people.
In view of Section 7, there can be no doubt as to
the constitutionality of any law making the
refusal to given such information or denial of
access the reto a punishable offense.
Scope of the Sec. 7:
1. The right embraces all public records;
2. It is limited to citizens only but is
without prejudice to the right of aliens
to have access to records of cases
where they are litigants; and
3. Its exercise is subject to such
limitations as may be provided by
law.
Limitations
It is recognized that records involving the
security of the State or which are confidential in
character should be excepted. Presently, certain
public records are declared confidential
either by law or by administrative
regulations. Instances of these are income tax
returns under the National Internal Revenue

Code, the condition or business of banks
under the Central Bank;, accounts pertaining
to military intelligence funds, certain army
records; and disbarment proceedings.
Any law which prohibits disclosure of
information by government agencies must strike
a healthy balance between the need to afford
protection to vital secrets affecting national
interest or security and the imperative of
safeguarding the basic right of the people to
know about the activities of their government.
In line with the constitutional policy to enhance
free flow of information, and to promote
transparency in the conduct of public affairs,
the disclosure of information must be the
general rule, not the exception. The burden is
on the government to justify the withholding of
information or document, not on the person
requesting it.
From Chavez v. PCGG
1. National Security Matters - At the
very least, this jurisdiction recognizes
the common law holding that there is a
governmental privilege against public
disclosure with respect to state secrets
regarding military, diplomatic and other
national security matters. But where
there is no need to protect such state
secrets, the privilege may not be
invoked to withhold documents and
other information, provided that they are
examined "in strict confidence" and
given "scrupulous protection." Likewise,
information on inter-government
exchanges prior to the conclusion of
treaties and executive agreements may
be subject to reasonable safeguards for
the sake of national interest
2. Trade Secrets and Banking
Transactions - The drafters of the
36
Constitution also unequivocally
affirmed that, aside from national
security matters and intelligence
information, trade or industrial secrets
(pursuant to the Intellectual Property
Code 27 and other related laws) as well
as banking transactions (pursuant to the
Secrecy of Bank Deposits Act 28 ) are
also exempted from compulsory
disclosure.
3. Criminal Matters - Also excluded are
classified law enforcement matters, such
as those relating to the apprehension, the
prosecution and the detention of
criminals, which courts may not inquire
into prior to such arrest, detention and
prosecution. Efforts at effective law
enforcement would be seriously
jeopardized by free public access to, for
example, police information regarding
rescue operations, the whereabouts of
fugitives, or leads on covert criminal
activities.
4. Other Confidential Information - The
Ethical Standards Act 31 further
prohibits public officials and employees
from using or divulging "confidential or
classified information officially known
to them by reason of their office and not
made available to the public."Other
acknowledged limitations to information
access include diplomatic
correspondence, closed door Cabinet
meetings and executive sessions of
either house of Congress, as well as the
internal deliberations of the Supreme
Court.
WEEK 5
(Constitutional provisions and Statutes
affecting mass media: Powers of the

Commission on Elections and Ownership and
Management of Mass Media Entities)
_______________________________________
_______________________________________
_______
Discuss Sec. 2. The Commission on Elections
shall exercise the following powers and
functions:
1. Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
a. The Comelec could regulate and
supervise the plebiscite or the election.
i. Power to annul or cancel illegal
registry lists of voters and to
order the preparation of a new
one
ii. Power to cancel the canvass of
election returns of a Board of
Canvassers and order a new one
where certain returns were
illegally excluded
iii. Power to suspend the
proclamation of winning
candidates pending an inquiry
intn irregularities brought to its
attention.3
b. Plebiscite- a vote by the people of an
entire country or district to decide on
some issue, such as choice of a ruler or
government, option for independence
or annexation by another power, or a
question of national policy (ex:
Palawan, CAR, Bangsamoro)
c. Initiative - Legislative power is vested
in Congress except it is reserved to
people (people’s initiative.
d. Referendum - Asking the people if they
are in favor of a certain policy
e. Recall - Limited to public officials of
local government. Initiated if someone
want to remove a local government
official before their term ends. Should
be within as specific time period.
37
2. Exercise exclusive original jurisdiction over
all contests relating to the elections, returns,
and qualifications of all elective regional,
provincial, and city officials, and appellate
jurisdiction over all contests involving
elective municipal officials decided by trial
courts of general jurisdiction, or involving
elective barangay officials decided by trial
courts of limited jurisdiction.
a. There is an election contest when a
defeated candidate for elective public
office questions the right to said
office of one who has been proclaimed
elected thereto, the question being on
the elections, returns, or qualifications
of the protestee.
b. Its purpose is to ascertain the
candidate is lawfully elected to office.
c. The term also includes any contest
involving the right to an elective office,
made before the proclamation of the
winner , whether or not the contestant
is claiming the office in dispute.
d. In the case, however, of election of
barangay officials, it is limited to
proceedings after the· proclamation
of the winners as no pre-proclamation
controversies are allowed
e. Jurisdictions of Comelec
i. Election contest involving
regional, provincial and city
officials are placed under the
exclusive jurisdiction of the
Comelec.
ii. Election contests for municipal
and barangay officials are under
the jurisdiction of regional trial
courts and municipal trial
courts, respectively subject to
appeal to the Comelec
f. Decisions, final orders, or rulings of the
Commission on election contests
involving elective municipal and
barangay offices shall be final,
executory, and not appealable.
i. Under Section 2(2), the decision,
etc., of the Commission instantly
becomes final after rendition.
ii. A final decision is conclusive
upon the parties, i.e., it.
terminates the matter at issue

covered by such decision. thus
precluding any further litigation
between the same parties or their
successors-in-interest
C()ncerning the same. Such
decision leaves nothing for the
Commission to do except to
execute or enforce it, and,
therefore, cannot be appealed to
the Supreme Court.
3. Decide, except those involving the right to
vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters.
a. The Comelec has no jurisdiction over
questions involving the right to vote
which includes qualifications and
disqualifications of voters, yhe right of
a person to be registered as voter, the
right to cast his vote, the validity of his
ballot and other allied questions. Such
questions shall be decided by the
courts.
4. Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and
credible elections.
a. The deputizing should be with the
concurrence of the President. since
such agencies are under his
jurisdiction.
b. This limitation seeks to make the
holding of "free, orderly, honest,
peaceful, and credible elections" the
joint responsibility of the President and
the Commission;
5. Register, after sufficient publication,
political parties, organizations, or coalitions
which, in addition to other requirements,
must present their platform or program of
government; and accredit citizens’ arms of
the Commission on Elections. Religious
denominations and sects shall not be
38
registered. Those which seek to achieve
their goals through violence or unlawful
means, or refuse to uphold and adhere to this
Constitution, or which are supported by any
foreign government shall likewise be
refused registration.
a. This provision is one of the reforms
intended to make our political system
more responsive to the needs and
demands of the times.
i. Registration is the means by
which the government is enabled
to supervise and regulate the
activities of political parties.
ii. It is also intended to inform the
people of the parties' existence
and of their respective programs
of government to enable them to
consider wi::ely to which party
they should pledge their support.
b. The role of the Commission on
Elections insofar a~ r egi::;tration is
concerned is purely ministeria, its duty
to accept the registration is definite and
mandatory, which it must perform ·
without any power to exercise its own
judgment or discretion
c. The following shall be refused
registration:
i. Political parties which have no
platform or program of
government,
ii. Political parties seeking to
achieve their goals through
violence or unlawful means, or
iii. Political parties refusing to
uphold and adhere to the
Constitution,
iv. Political parties supported by
any foreign government
v. Religious denominations and
sects are not allowed to be
registered as political parties in
view of the principle of
separation between the church
and the State. (Art. II, Sec. 6.)
d. Financial contributions from foreign
governments and their agencies to
political parties, organizations,
coalitions, or candidates related to
elections, constitute interference in

national affairs, and, when accepted,
shall be an additional ground for the
cancellation of their registration with
the Commission, in addition to other
penalties that may be prescribed by
law.
i. Such contributions are declared
as constituting interference in our
internal affaots
e. Citizens' arms accredited by the
Comelec (like Namfrel) are supposed
to be completely neutral and
non-partisan in assisting the
Commission in the conduct of
elections, etc.;
6. File, upon a verified complaint, or on its
own initiative, petitions in court for
inclusion or exclusion of voters; investigate
and, where appropriate, prosecute cases of
violations of election laws, including acts or
omissions constituting election frauds,
offenses, and malpractices.
a. These powers given to the Comelec
under Section 2(6) are new.
b. It can exercise these powers on its own
initiative even in the absence of any
complaint;
7. Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted, and to
prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidates.
a. As the body charged with the duty of
enforcing and administering laws
relative to the conduct of elections, etc.,
it has also the duty to recommend
measures as would effect more
improve·ments on the election laws of
the country such as those that would
curb overspending, ensure the
enforcement of the fair·and-equal
exposure rule for political parties and
their candidates, including limitation of
places where propaganda materials
shall be posted, and prevent a strong
party or candidate from taking undue
39
advantage of the weakness of the
others.
b. Under the Constitution, it has the
power to prevent and penalize all forms
of election frauds, offenses and
malpractices, nuisance candidacies
(candidate has no bona fide intention to
run for office}, or other similar acts;
8. Recommend to the President the removal of
any officer or employee it has deputized, or
the imposition of any other disciplinary
action, for violation or disregard of, or
disobedience to, its directive, order, or
decision.
a. The President may or may not follow
the recommendation of the
Commission.
b. However, since the deputization was
with the concurrence of the President,
it is unlikely that he will disregard the
recommendation of the Commission.
c. As to the officers and employees
appointed by the Commission, it can
remove them for cause
9. Submit to the President and the Congress, a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
a. The report required should contain a
description on how a previous election
(regular or special), plebiscite,
initiative, referendum, or recall was
conducted and what laws or
regulations, if any, were violated.
b. The Commission may also make
recommendations with respect to flaws
or defects it has discovered in the
enforcement of the election laws.
Without the provision, the
Commission, because of its
independence, may refuse to give any
information at all to other branches of
the government
10. Other functions of the Comelec
a. To exercise supervision and control
over national and local officials
required by law to perform duties
relative to the conduct of elections;

b. To promulgate rules and regulations
implementing the provisions of the
Election Code;
c. To enforce and execute its decisions,
orders and instructions;
d. To carry out a continuing campaign to
educate and inform the public on
election matters, and the necessity for
clean, free, orderly, and honest
elections.
Section 4. The Commission may, during the
election period, supervise or regulate the
enjoyment or utilization of all franchises or
permits for the operation of transportation and
other public utilities, media of communication or
information, all grants, special privileges, or
concessions granted by the Government or any
subdivision, agency, or instrumentality thereof,
including any government-owned or controlled
corporation or its subsidiary. Such supervision or
regulation shall aim to ensure equal opportunity,
time, and space ,and the right to reply, including
reasonable, equal rates therefor, for public
information campaigns and forums among
candidates in connection with the objective of
holding free, orderly, honest, peaceful, and
credible elections.
1. The above authority given to the
Commission is to be exercised for the
purpose of ensuring "free, orderly, honest,
peaceful, and credible elections and only
during the election period. {see Sec. 9.)
2. Note that government owned or controlled
corporations are among those that may be
supervised or regulated by the Commission.
3. The provision seeks to place all candidates
on more or less equal footing in making
known their qualifications and platforms and
their stand on various public issues and
equalize their opportunities of winning at the
polls
Right to reply vis-a-vis prior restraint
Right to reply- All persons natural or juridical
who are accused directly or indirectly of
committing or having committed or of intending
to commit any crime or offense defined by law
or are criticized by innuendo, suggestion or
40
rumor for any lapse in behavior in public or
private life shall have the right to reply to the
charges published or printed in newspapers,
magazines, newsletters or publications circulated
commercially or for free, or to criticisms aired or
broadcast over radio, television, websites, or
through any electronic device.
● this is your right to reply against
public criticism or unfair criticism.
Prior restraint- It is a form of censorship where
it allows the government to review the content
of printed materials and prevent their
publication.
In regards with GMA vs. Comelec case:
Section 14 of Resolution No. 9615, providing a
candidate's or political party's "right to reply," is
likewise assailed to be unconstitutional for being
an improper exercise of the COMELEC's
regulatory powers; for constituting prior restraint
and infringing petitioners' (GMA) freedom of
expression, speech and the press; and for being
violative of the equal protection guarantee.
The attack on the validity of the "right to
reply" provision is primarily anchored on the
alleged ground of prior restraint, specifically
in so far as such a requirement may have a
chilling effect on speech or of the freedom of
the press.
Discuss 1987 Constitution, Art, XII, Section
10
Section 10. The Congress shall, upon
recommendation of the economic and planning
agency, when the national interest dictates,
reserve to citizens of the Philippines or to
corporations or associations at least sixty per
centum of whose capital is owned by such
citizens, or such higher percentage as Congress
may prescribe, certain areas of investments. The
Congress shall enact measures that will
encourage the formation and operation of
enterprises whose capital is wholly owned by
Filipinos.

In the grant of rights, privileges, and concessions
covering the national economy and patrimony,
the State shall give preference to qualified
Filipinos.
Congress shall reserve to citizens of the
Philippines or to corporation:or associations at
least 60% of whose capital is owned by such
citizens or such higher percentage as Congress
may prescribe up to 100%), certain traditional
areas of investments, upon certain conditions:
1. There is a recommendation by the
economic and planning agency (i. e.,
National Economic and Development
Auhority until Congress provide
otherwise; and
2. The national interest so dictates.
The existence of this provision leaves no doubt
the constitutionality of legislations;
implementing it as against the claim that they
violate the guarantee of equal protection of the
laws which protect citizens as well as aliens. In
the case of public utilities, mass media and
educational institutions (see Art. XIV, Sec.
4[2].), the reservation is made by the
Constitution itself.
Due to differences in the nature of investment.
Congress is given the power to prescribe a
higher percentage for certair: areas of
investment so as to provide it a degree of
flexibility. Congress is required by the
Constitution to enact measures that will
encourage the formation and operation of
wholly-owned Filipino enterprises. Furthermore,
pursuant to the "Filipino first" policy adopted by
the Constitution (see Sec. 12.), the State must
give preference to qualified Filipinos in the grant
of rights, privilege and concessions covering the
national economy and patrimony, which
includes not only the natural resources of our
country but also our cultural heritage.
The State shall regulate and exercise
authority over foreign investments within its
national jurisdiction and in accordance with
its national goals and priorities.
41
Regulation on foreign investment
1. Sources of investment - Generally, they are
domestic savings, government expenditures,
grants, foreign investments, and foreign
loans. Investment. is expenditure. In
economics, it is also called capital
formation.
2. Kinds of investment - It is either direct or
indirect in the form of loans. Direct
investment may be made by a foreigner by:
a. Buying stocks or bonds in a local
company,
b. Entering into a joint venture (corporate
partnership) with a local company or
host country, or
c. Establishing a business concern or a
fully-owned subsidiary.
The parent company may be a multinational
corporation which is an enterprise dealing
with a broad range of products or services
with operations covering more than one
country. The country where the investment.
is made is called the “host country'' while
the country where the investment comes
from is referred to as the "home country”
3. Benefits and negative aspects of foreign
direct investments - To the host country, it
can be seen as a source of capital, "high"
technology, managerial expertise, and
employment.. On the other hand, foreign
investors compete with domestic enterprises,
oftentimes repatriate exorbitant profits, may
not provide sufficiently large employment,
and have bee\n accused of resorting to
undesirable business practices
disadvantageous to the host country.
4. Need for foreign investment in the
Philippines - Given the present state of the
economy and the inadequacy of domestic
savings, and with the government faced with
so many competing demands on its meager
financial resources, foreign capital is needed
to fill the gap in the country's investment
requirements. and to be able to acquire the
technology and managerial expertise needed
to survive in the globalized economy we are
now in. Since financial aids are not easy to
come by aside from being associated with
mendicancy and our country is already
heavily burdened with a huge foreign

indebtedness,''' the only option left is foreign
direct investment especially in enterprises
that significantly expand employment
opportunities for Filipinos, promote exports,
or transfer relevant technologies.
5. Foreign investment policy - Foreign
investment have played a substantial role in
the economic growth and development of
many countries. A closed-door policy will
not be to the national interest. On the other
hand, an open-door policy allowing the
untrammelled floe~· of foreign investments
can bring more harm than benefits to the
country.
The sensible policy is to choose the middle
way whereby the benefits and negative
aspects of the investment are weig-hed in
the light of the national goals and priorities
with safeguards instituted to ensure effective
Filipino control of the economy. Tradeoffs
cannot be avoided. For example, it would be
better if ownership and control of operation
of public utilities are exclusively in the
hands of Filipinos but with our very limited
local capital, an equity percentage of 60/40
in favor of Filipinos may be deemed the
ideal arrangement that strikes a balance
wherein Filipino control is still insured and
at the same time foreign equity level is just
sufficient to attract much needed capital.
6. Objective of regulations - In any case, the
State shall regulate and exercise authority
over foreign investments within its national
jurisdiction so as to derive the maximum
national benefit from them. (last par.) 'fhe
bottom line must always be what is good for
the country and the Filipino people.
Foreign Investment Negative List
The Foreign Investment Negative List, or
Negative List, is a list of economic sectors
where foreign ownership and participation in the
Philippines are regulated. It contains two
component lists: List A and List B. List A
contains areas of investment where foreign
ownership is limited by mandate of the
Philippine Constitution or by specific laws. List
B, on the other hand, contains areas of
42
investment where foreign ownership is limited
for reasons of security, defense, risk to health
and morals, and protection of local
small-and-medium enterprises (SMEs).
List A:
NO FOREIGN EQUITY
1. Mass media except recording and
internet business
2. Practice of professions (radiologic and
x-ray technology, law, marine deck and
engine officers, Annex on Professions
attached herewith and forming an
integral part of this document, indicating
the professions where (a) foreigners are
allowed to practice in the Philippines
subject to reciprocity; and (b) where
corporate practice is allowed. Foreigners
may teach at higher education levels
(RA No. 8292), provided the subject
being taught is not a professional subject
3. Retail trade
4. Cooperatives
5. Organization and operation of private
detective, watchmen or security guards
agencies.
6. Small-scale mining
7. Utilization of marine resources in
archipelagic waters, territorial sea and
exclusive economic zone as well as
small-scale utilization of natural
resources in rivers, lakes, bays and
lagoons
8. Cockpits
9. Nuclear weapons
10. Biological, chemical and radiological
weapons
11. Manufacture of firecrackers and other
pyrotechnic devices
UP TO 25%
1. Private recruitment, whether for local or
overseas employment
2. Contracts for the construction of
defense-related structures
Up to 30%
1. Advertising
Up to 40%
1. Subject to applicable regulatory
frameworks, contracts for the
construction and repair of
 43

locally-funded public works (Sec. 1 of because of risks posed to public health,

CA No. 541, Letter of Instruction) morals (except wellness centers)
2. Exploration, development and 5. Gambling
utilization of natural resources. 6. Domestic market enterprises with
3. Ownership of private lands. paid-in equity capital of less than the
4. Operation of public utilities except equivalent of US$200,000
power generation and the supply of 7. Domestic market enterprises which
electricity to the contestable market and involve advanced technology or employ
such other like businesses or services at least fifty (50) direct employees with
not covered by the definition of public paid-in equity capital of less than the
utilities equivalent of US$100,000
5. Educational institutions other than those
established by religious groups and Except for activities where restrictions on
mission boards, for foreign diplomatic foreign equity are imposed under the Philippine
personnel and their dependents, and Constitution or statutes, the President of the
other foreign temporary residents or for Philippines may amend the Negative List and
short-term high-level skills development such amendments should not be made more than
that do not form part of the formal once every two years.
education system as defined in Sec. 20
of Batas Pambansa No. 232 (1982)
6. Culture, production, milling, processing, EO 65 Series of 2018:
trading except retailing, of rice and corn https://www.officialgazette.gov.ph/downloads/2
and acquiring, by barter, purchase or 018/10oct/20181029-EO-65-RRD.pdf
otherwise, rice and corn and the
by-products thereof
7. Contracts for the supply of materials, Section 11. No franchise, certificate, or any
goods and commodities to other form of authorization for the operation of a
government-owned or controlled public utility shall be granted except to citizens
corporation, company, agency or of the Philippines or to corporations or
municipal corporation associations organized under the laws of the
8. Operation of deep sea commercial Philippines, at least sixty per centum of whose
fishing vessels capital is owned by such citizens; nor shall such
9. Ownership of condominium units franchise, certificate, or authorization be
10. Private radio communications network exclusive in character or for a longer period than
fifty years. Neither shall any such franchise or
LIST B: right be granted except under the condition that
Up to 40% it shall be subject to amendment, alteration, or
1. Manufacture, repair, storage, and/or repeal by the Congress when the common good
distribution of products and/or so requires. The State shall encourage equity
ingredients requiring Philippine participation in public utilities by the general
National Police (PNP) clearance public. The participation of foreign investors in
(chemicals) the governing body of any public utility
2. Manufacture, repair, storage and/or enterprise shall be limited to their proportionate
distribution of products requiring share in its capital, and all the executive and
Department of National Defense (DND) managing officers of such corporation or
clearance (militaary equipment, association must be citizens of the Philippines.
weapons and vehicles.
3. Manufacture and distribution of What is a franchise?
dangerous drugs
4. Saunas, steam bathouses, massage It is an authorization granted by a government or
clinics and others regulated by law company to an individual or group enabling

them to carry out specified commercial
activities, e.g., providing a broadcasting service
or acting as an agent for a company's products.
"A franchise is a special privilege conferred by
governmental authority, and which does not
belong to citizens of the country generally as a
matter of common right. ... Its meaning depends
more or less upon the connection in which the
word is employed and the property and
corporation to which it is applied. It may have
different significations.” – Gulf Refining Co. v.
Cleveland Trust Co
"For practical purposes, franchises, so far as
relating to corporations, are divisible into (1)
corporate or general franchises; and (2) special
or secondary franchises. The former is the
franchise to exist as a corporation, while the
latter are certain rights and privileges conferred
upon existing corporations, such as the right to
use the streets of a municipality to lay pipes or
tracks, erect poles or string wires,” — 2
Fletcher's Cyclopedia Corp. See. 1148; 14 C.J. p.
160; Adams v. Yazon & M. V. R. Co., 24 So.
200, 317, 28 So. 956, 77 Miss. 253, 60 L.R.A.
33 et seq.
Types of franchise
1. Corporate/primary franchise - right
granted to a group to exist and act as a
corporation. This gives a corporation,
which is a noncorporeal entity, several
rights such as owning properties, etc.
This also permits people to settle
disputes with the corporation.
2. Special franchise - right granted to an
individual or corporation after irs
incorporation to exercise certain benefit
such as the power of eminent domain
enjoyed by public( utilities)
REPUBLIC ACT No. 3846
AN ACT PROVIDING FOR THE
REGULATION OF RADIO STATIONS AND
RADIO COMMUNICATIONS IN THE
PHILIPPINE ISLANDS, AND FOR OTHER
PURPOSES
44
Section 1. No person, firm, company,
association or corporation shall construct,
install, establish, or operate a radio station
within the Philippine Islands without having
first obtained a franchise therefor from the
Philippine Legislature; Provided however, That
no franchise from the Legislature shall be
necessary for the construction, installation,
establishment or operation of a broadcasting
station, an amateur station, an experimental
station, a training station, a station on board a
mobile vessel, train, or aircraft, or a private
station in a place without any means of
communication.
Section 2. The construction or installation of any
station shall not be begun, unless a permit
therefore has been granted by the Secretary
of Commerce and Communications. No
station shall be operated except under and in
accordance with the provisions of a license
issued therefor by the Secretary of Commerce
and Communications. The license shall state the
dates between which the station may be
operated. If a renewal is desired, the licensee
shall submit an application to the Secretary of
Commerce and Communication at least two (2)
months before the expiration date of the license
to be renewed. The Secretary of Commerce and
Communication shall determine the period for
which each license is issued; Provided, that no
license shall be issued for a longer period than
three (3) years.
Section 3. The Secretary of Commerce and
Communication is hereby empowered to
regulate the establishment, use, and operation
of all radio stations and of all forms of radio
communications and transmissions within the
Philippine Islands and to issue such rules and
regulations as may be necessary. In addition to
the above, he shall have the following specific
powers and duties:
(a) He shall classify radio stations and prescribe
the nature of service to be rendered by each class
and by each station within any class;
(b) He shall assign call letters and assign
frequencies for each station licensed by him and
for each station established by virtue of a

franchise granted by the Philippine Legislature
and specify the stations to which each such
frequency may be used;
(c) He shall make rules and regulations to
prevent and eliminate interference between
stations and to carry out the provisions of this
Act and the provisions of International Radio
Regulations: Provided however, that changes in
the frequencies or in the authorized power, or in
the character of omitted signals, or in the type of
the power supply, or in the hours of operation of
any licensed station, shall not be made without
first giving the station a hearing;
(d) He may establish areas or zones to be served
by any station;
(e) He may make special rules and regulations
applicable to radio stations engaging in chain
broadcasting;
(f) He may make general rules and regulations
requiring stations to keep records of traffic
handled, distress, frequency watches, programs,
transmissions of energy, communications or
signs;
(g) He may conduct such investigations as may
be necessary in connection with radio matters
and hold hearings, summon witnesses,
administer oaths and compel the production of
books, logs, documents and papers;
(h) He may prescribe rules and regulations to be
observed by radio training schools; he may
supervise the course and method of instruction
therein, and he may refuse to admit to
examinations for radio operators' licenses
graduates of any radio school not complying
with the regulations;
(i) He shall prescribe rates of charges to be paid
to the Government for the inspection of stations,
for the licensing of stations, for the examination
of operators, for the licensing of operators, for
the renewal of station or operator licenses, and
for such other services as may be rendered;
(j) He is hereby empowered to approve or
disapprove any application for the
45
construction, installation, establishment or
operation of a radio station;
(k) He may approve or disapprove any
application for renewal of station or operator
license: Provided however, that no application
for renewal shall be disapproved without
giving the licensee a hearing;
(l) He may, at his discretion, bring criminal
actions against violators of the radio law or the
regulations; or simply suspend or revoke the
offender's station or operator's licenses; or refuse
to renew such licenses; or just reprimand and
warn the offenders;
(m) The location of any station, and the power
and kind or type of apparatus to be used shall be
subject to his approval;
(n) He shall prescribe rules and regulations to be
observed by stations for the handling of SOS
messages and distress traffic: Provided, that such
rules and regulations shall not conflict with the
provisions of the International Radio
Regulations.
Section 4. No radio station license shall be
transferred to any person, firm, company,
association or corporation without express
authority of the Secretary of Commerce and
Communications, and no license shall be granted
or transferred to any person who is not a citizen
of the United States of America or of the
Philippine Islands; or to any firm or company
which is not incorporated under the laws of the
Philippine Islands or any state or territory of the
United States of America; or to any company or
corporation twenty percent (20%) of whose
capital stock may be voted by aliens or their
representatives, or by a foreign government or
its representatives, or by any company,
corporation, or association organized under the
laws of a foreign country.
Section 5. The privileges granted in any station
license shall not be exclusive.
Section 6. The President of the United States of
America, or the Governor-General of the
Philippine Islands, in time of war, public

peril, calamity, or disaster, may cause the
closing of any radio station in the Philippine
Islands; or may authorize the temporary use
or possession thereof by any department of
the Government upon just compensation to
the owners.
SECTION 7. A person to whom or through
whom a message has been submitted for
transmission shall not willfully publish or
divulge the contents, substance, purport, effect,
or meaning thereof to any unauthorized person;
and no person not being authorized by the
sender or the addressee shall intercept any
message or communication and willfully divulge
or publish the contents, substance, purport,
effect, or meaning of such intercepted message
or communication to any person; and no person
not being entitled thereto shall receive, or assist
in receiving, any message or communications
and use the same or any information therein
contained for his benefit or for the benefit of
another not entitled thereto; and no person
having received such intercepted message or
communication, or having become acquainted
with the contents, substance, purport, effect, or
meaning of the same or any part thereof,
knowing that such information was so obtained,
shall divulge or publish the contents, substance,
purport, effect, or meaning of the same or any
part thereof, or use the same or any information
therein contained for his own benefit or for the
benefit of another not entitled thereto: Provided,
that this section shall not apply to the
transmitting, receiving, divulging, publishing or
utilizing the contents of any message or
communication broadcasted or transmitted by
amateurs or others for the use of the general
public or relating to ships in distress.
Section 8. The Secretary of Commerce and
Communication is hereby authorized to create a
Radio Regulation Section, Division, or Office,
which shall take charge of carrying out the
provisions of this Act and of the regulations
prescribed by him, or to delegate temporarily the
duties herein conferred upon him and the
enforcement of the regulations prescribed by
him, to any bureau or office under his
department, subject to his general supervision
and control.
46
Section 9. The provisions of this Act shall not
apply to radio stations of the United States
Government and those of the Philippine
Government. Foreign mobile stations
temporarily located within the Philippine Islands
shall be exempt from the provisions of this Act:
Provided, however, That they shall be subject to
the provisions of the International
Radiotelegraph Regulations.
Section 10. The powers vested in and the duties
imposed upon the Director of Posts by Act
Numbered Thirty-three hundred and ninety-six
are hereby transferred to the Secretary of
Commerce and Communication, who is hereby
empowered to include in the general radio
regulations under this Act, regulations governing
radio apparatus compulsory required on vessels
of Philippine registry by Act Numbered
Thirty-three hundred and ninety-six,
notwithstanding the fact that such regulations
may be different from those specifically
provided in said Act Numbered Thirty-three
hundred and ninety-six: Provided however, that
such regulations shall not be inconsistent with
the provisions of the International Convention
for the Safety of Life at Sea: Provided further,
that this section or any part thereof shall not be
construed as in any way affecting the provisions
of Act Numbered Thirty-three hundred and
ninety-six making compulsory the installation of
radio apparatus on certain vessels and penalizing
violations thereof.
Section 11. Act Numbered Thirty-two hundred
and seventy-five, entitled, "An Act to Amend
Article One of Chapter Fifty-two and Section
Twenty-seven hundred and fifty-seven of the
Administrative Code, Providing for the Effective
Radio Control," is hereby repealed: Provided
however, that such repeal shall not affect any act
done, or any right accrued, or any suit or
proceeding had or commenced in any criminal
or civil cause, prior to said repeal.
Section 12. Any person who shall violate any
mandatory or prohibitory provision of this Act,
or any mandatory or prohibitory provision of the
regulations prescribed by the Secretary of
Commerce and Communication under this Act,

or any mandatory or prohibitory provision of the
International Radio Regulations, upon
conviction thereof by a court of competent
jurisdiction, shall be punished by a fine of not
more than three hundred pesos or by
imprisonment for not more than three months, or
both, for each and every offense.
Section 13. Any firm, company, corporation or
association failing or refusing to observe or
violating any provision of this Act, or any
provision of the regulations prescribed by the
Secretary of Commerce and Communication
under this Act, or any provision of the
International Radio Regulations, shall be
punished by a fine of not more than one
thousand pesos for each and every offense.
Section 14. This Act shall take effect three
months
PRESIDENTIAL DECREE No. 576
November 9, 1974
REGULATING THE OWNERSHIP AND
OPERATION OF RADIO AND
TELEVISION STATIONS AND FOR
OTHER PURPOSES.
WHEREAS, the President of the Philippines is
empowered under the Constitution to review and
approve franchises for public utilities;
WHEREAS, it has been observed that some
public utilities, especially radio and television
stations, have a tendency toward monopoly in
ownership and operation to such an extent that a
region or section of the country may be covered
by any number of such broadcast stations, all or
most of which are owned, operated or managed
by one person or corporation;
WHEREAS, radio is the chief vehicle of the
dissemination of information, being the source
as surveys have shown of 86 percent of all
information for the public and television is
becoming similarly pervasive;
WHEREAS, the deep penetration that radio and
television thus make into the public
consciousness gives, them the responsibility of
47
assisting the government to promote and
safeguard the public welfare;
WHEREAS, on account of the limited number
of frequencies available for broadcasting in the
Philippines, it is necessary to regulate the
ownership and operation of radio and television
stations and provide measures that would
enhance quality and viability in broadcasting
and help serve the public interest;
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by
virtue of the powers vested in me by the
Constitution, do hereby order and decree:
Section 1. No radio or television channel may
obtain a franchise unless it has sufficient
capital on the basis of equity for its operation
for at least one year, including purchase of
equipment.
Section 2. Every radio station or television
channel shall allocate at least two hours a day as
a program or programs rendering public service,
during such broadcast hours as are normally
regarded in the industry as prime time for a
particular type of program and its appropriate
audience.
Public service refers to news, educational, and
cultural presentations and other programs
informing the people of advances in science,
industry, farming , and technology; of policies
and important undertakings in government
designed to promote or safeguard the public
welfare; of matters related to the physical,
intellectual and moral development of the
young; or of traditions, values and activities
which constitute the cultural heritage of the
nation.
Section 3. No person or corporation may own,
operate, or manage more than one radio or
television station in one municipality or city; nor
more than five AM and five FM radio station;
nor more than five television channels in the
entire country, and no radio or television station
shall be utilized by any single-interest group to
disseminate information or otherwise influence
the public or the government to serve or support
the ends of such group.

Section 4. Any person or corporation which
owns more than the number of radio or
television stations authorized in the preceding
section shall divest itself of the excess stations
or channels.. any excess station shall be sold
through the Bureau to Telecommunications.
Section 5. Failure to divest as provided in the
foregoing section shall, in addition to the
penalties provided in Section 6, subject the
person or corporation guilty of such failure to
cancellation of the franchise of every excess
station and to confiscation of the station and its
facilities without compensation.
Section 6. All franchises, grants, licenses,
permits, certificates or other forms of authority
to operate radio or television broadcasting
systems shall terminate on December 31, 1981.
Thereafter, irrespective of any franchise, grants,
license, permit, certificate or other forms of
authority to operate granted by any office,
agency or person, no radio or television station
shall be authorized to operated without the
authority of the Board of Communications and
the Secretary of Public Works and
Communications or their successors who have
the right and authority to assign to qualified
parties frequencies, channels or other means of
identifying broadcasting systems; Provided,
however, that any conflict over, or disagreement
with a decision of the aforementioned authorities
may be appealed finally to the Office of the
President within fifteen days from the date the
decision is received by the party in interest.
Section 7. Any person who violates this Decree
shall be punishable by imprisonment for a period
ranging from five months to six years and the
payment of a fine of P1,000.00 to P10,000.00, or
both such imprisonment and fine, at the
discretion of the court.
If the violation is committed by an association,
partnership or corporation, the penalty shall be
imposed on the officers or employees thereof
who were responsible for or who committed the
violation.
Section 8. This Decree shall take effect
immediately.
48
Done in the city of Manila, this 11th day of
November, in the year of our Lord, nineteen
hundred and seventy-four.
Discuss Section 10 of Article XVI of the
Constitution
Section 10. The State shall provide the policy
environment for the full development of Filipino
capability and the emergence of communication
structures suitable to the needs and aspirations of
the nation and the balanced flow of information
into, out of, and across the country, in
accordance with a policy that respects the
freedom of speech and of the press.
What is Policy Environment?
Environmental policy is the commitment of an
organization or government to the laws,
regulations, and other policy mechanisms
concerning environmental issues.
The policy environment includes all aspects
surrounding policy-making. This would include
the broader socio-economic aspects that are
analysed in organizational strategy-making.
Important sources for research into this broader
policy environment – and what are the pressing
concerns of the day - include: the media,
research institutes, veterinary bodies, donors,
business, and civil society.
Section 11 (1) Article XVI of the Constitution
Section 11. (1) The ownership and management
of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or
associations, wholly-owned and managed by
such citizens. The Congress shall regulate or
prohibit monopolies in commercial mass media
when the public interest so requires.
What is Mass Media?
Mass media refers to the technologies used as
channels for a small group of people to
communicate with a larger number of people.
The concept was first addressed during the
Progressive Era of the 1920s, as a response to
new opportunities for elites to reach large

audiences via the mass media of the time:
newspapers, radio, and film. Indeed, the three
forms of traditional mass media today are still
the same: print (newspapers, books, magazines),
broadcast (television, radio), and cinema
(movies and documentaries).
Role of Media in a Democracy
● Watchdogs of the government
● Gatekeeps information
● Checks and balances
● Fourth Estate
Mass media and other forms of communication
technology have an enormous influence in
helping to shape public opinion and underlying
sentiment. Newspapers, TV and radio are all
important sources of basic information about
other people and other places and this can itself
help to engender understanding if presented in a
fair, even-handed and non-inflammatory way.
The media is also an important accountability
mechanism: it raises important issues, corruption
for example, that might otherwise never be
publicly debated or addressed. The media also
has an important role in stimulating
governments to take action on social policy.
Media has a very big role to play in a democracy
and its stature is in no way less than that of
politicians. Hence it is rightly called the fourth
Pillar of democracy i.e. Fourth Estate. It is
through the media that people become aware of
so many aspects of life of which they are
normally ignorant. Democracy is meaningless
without a free, neutral and active media. Media
is often referred to as the fourth branch of
government because of the power they wield and
the oversight function they exercise. The
media’s key role in democratic governance has
been recognized since the late 17th century, and
remains a fundamental principle of modern-day
democratic theory and practice.
The role of the press as ‘watchdog’ is a
traditional characterisation of the role of the
news media in particular. This watchdog role
can take many forms depending on the nature of
the medium concerned, as well as on the state of
49
democracy and development in a particular
country. Essentially, this role is to provide
information – to be the ‘eyes and ears’ of the
public in monitoring what is happening in public
life by reporting on daily events as they unfold.
Amartya Sen sees the media as a watchdog not
just against corruption but also against disaster.
He said:
“There has never been a famine in a
functioning multiparty democracy. A free
press and the practice of democracy
contribute greatly to bringing out
information that can have an enormous
impact on policies for famine prevention… a
free press and an active political opposition
constitute the best early-warning system a
country threatened by famine could have.”
The role of media as ‘detective’ is a critical
adjunct to the role of the press as public
watchdog; however, it is dealt with separately
here to emphasize the difference between
reporting on public affairs, and journalistic
investigations into wrongdoing in the
administration of public affairs. When
journalists are well trained and have trusted
sources of information, the press is able to
investigate wrongdoing by public officials. This
includes perpetrating fraud or engaging in
corruption in order to divert and personally
benefit from public funds or other public
resources. This ‘press as defective’ role is
evidenced when the press is able to engage in
fairly long-term, detailed, in-depth investigative
journalism – the kind that is able to report to the
public on large-scale systematic wrongdoing by
public (or indeed private) officials, which may
include nepotism, corruption, fraud or other
kinds of criminality. These exposés often rely on
more than one journalist and require the backup
of the media publication or outlet (be it
broadcasting or print) as a whole to provide the
necessary resources for the investigative
exercise. In many countries, the ability and
willingness of the press to engage in
investigative journalism is key to encouraging
the police and prosecuting authorities to act
against corrupt public figures, even if this only
occurs as a result of the intolerable pressure that
 50

the resulting publicity puts on the police and Is the constitution a source of criminal law?
prosecuting authorities. NO

*** NOTHING FOLLOWS PAGOD NA

The sources of procedural criminal law are,
AKO SANA MATAWAG NA AKO.
MANIFESTING! *** besides the Constitution, the revised Penal Code
of 1930, the New Rules of Court of 1964 Part
III, IV, special laws, certain presidential orders,
and letters of instruction.

The Constitution (1987) is the fundamental law

WEEK 6: CRIMINAL LAW
of the land in the Philippines. It establishes the
structure, policies, roles and duties of the
Philippines' government. It contains the Bill of
What is criminal law?
Rights (article III), and sets out the State's
obligations to promote and uphold social justice
Criminal Law
and human rights (article XIII).

● is that branch of public law that defines

Legal Basis of Criminal Law
crimes, treats their nature and provides
for their punishment.
● Special penal laws
● Crime, the intentional commission of an
● Revised penal law
act usually deemed socially harmful or
dangerous and specifically defined,
What is a crime?
prohibited, and punishable under
criminal law.
● an unlawful act punishable by a state or
● One cannot be deprived of liberty or
other authority.
property without due process.
● the generic term used to refer to a
● Procedural due process = filing a case,
wrongdoing punished either under the
court hearings
RPC or under the special law (Ortega);
● Substantive due process = the law itself
● an act committed or omitted in violation
of a public law forbidding or
Two main sources of Criminal Law:
commanding it.

The primary source of criminal law is the

Characteristics of a Criminal Law
Revised Penal Code of the Philippines (ACT
NO. 3815) which took effect on 01 January 1932
a. Criminal laws are of general
as well as other penal provisions contained in
application in the Philippines. What
special laws and Special Penal Laws: acts
are the exceptions?
enacted by the Philippine Legislature punishing
offenses or omissions. (passed by the Congress;
The penal laws of the Philippines have general
Ex. RA 10951 or the Comprehensive Firearms
application, which means that it binds all people
and Ammunition Regulation Act) and Penal
who live or sojourn in the Philippines, regardless
Presidential Decree (Ex. PD No. 1602
of nationality, gender or other personal
Punishment on Illegal Gambling (signed 1978).
circumstances. This principle can be gleaned
 51

from the 1987 Constitution and the Civil Code ■ exercises exclusive jurisdiction
of the Philippines. over US military personnel
with regard to offenses relating
The Civil Code states that: to the security of the US
punishable under the law of
Both citizens and aliens are bound to US, but not under the laws of
follow our laws. Citizens owe the State PH
obedience for the protection the latter is ■ To exercise jurisdiction over
providing the former. Aliens, on the US military in relation to:
other hand, are bound by our penal laws, ● Offenses solely against
because while they are within the the property or security
Philippine territory, such laws protect of the US or offenses
them. In both instance, penal laws are solely against the
obligatory because of the protection property or person of US
given by the State. personnel;
● Offenses arising out of
The generality principle refers to any act or mission done
persons who may be made liable under in performance of
the Code, on the other hand, official duty.
territoriality refers to where the law ○ Under the VFA, PH cannot refuse
takes effect. The laws of preferential the request of US to surrender their
application and those provided for jurisdiction in a case except if the
treaties shall serve as exceptions to the crimes are:
generality principle. An example of a ■ Heinous crimes under RA 7659
law of preferential application is (ex. case of Joseph Scott
Republic Act No. 75 which provides Pemberton - murder)
immunity for accredited foreign ■ Child abuse cases under RA
diplomatic and consular representatives. 7610
■ Dangerous drugs cases under
Exceptions: RA 9165
● Law of Preferential Application
Generally, if the individual/group involved do ○ Under RA 75, persons who are
not fall on PH jurisdiction, they are exempted exempt from arrest and
from the application of criminal law. imprisonment and whose properties
are exempt from distraint, seizure
● Conditions stated in treaties and attachment are the following:
○ Under PH-US Visiting Forces ■ Public Ministers
Agreement of 1998, US has the ■ Ambassadors
right to: ■ Domestic servants of
■ exercise in PH all criminal and ambassadors and public
disciplinary jurisdiction ministers
conferred on them by the ● Warship Rule
military law of the US over US ○ A warship of another country even
personnel in PH though docked in the Philippines is

considered as an extension of the
territory of their respective country.
Same rule applies to foreign
embassies in the Philippines.
Philippine warship and embassies
abroad are deemed extra-territories
of the Philippines.
● People exempted by virtue of Public
International Law
○ Ambassadors
○ Charges d’affaires
○ Ministers plenipotentiary
○ Ministers resident
○ Sovereigns and other heads of state
b. Territorial and Extra-Territorial
Application (Penal laws are territorial
in application)
One of the general characteristics of criminal
law is territoriality, which means that penal laws
of the Philippines are enforceable only within its
territory. The Constitution provides that:
This is the extent of the Philippine territory as
far as the Revised Penal Code is concerned. This
territoriality principle was not explicitly written
under the old Code of 1870. [4] Although the
Code is territorial in nature as is expressly
provided for, it gives certain circumstances
wherein it will apply outside the territory of the
Philippines. (Art. 2 of the Revised Penal Code):
● For the Code to apply, the offense must
be committed in a Philippine ship or
airship. Nationality of the vessel is
vested by the registration. Therefore, a
ship or airship is Filipino if it is
registered in the Philippines, particularly
the government agency attributed with
such function.
● Any person who shall forge any coin or
currency note or obligation of the
Philippines and introduce the same in
52
the territory, even if such was
committed outside the territory, maybe
tried in the Philippines for violation of
the Code.
● A public officer, as defined in the Code,
may be criminally liable, even if he is
outside the Philippines, if an offense is
committed in the exercise of their
functions.
● When a person commits a crime against
national security and law of nations, he
may be held liable under Philippine
Laws. The crimes committed against
national security and the law of nations
are found in Chapter 1, Book 2 of the
Code, and they are as follows: treason,
conspiracy to commit treason,
misprision of treason, espionage,
inciting to war or giving motives for
reprisal, correspondence with hostile
country, violation of neutrality and
piracy.
The offenses enumerated in Article 2 of the
Code are said to be subject of trial in the
Philippines, despite its extra-territorial
application, because its pernicious effects are
felt in the Philippines.
c. Prospective (Penal laws are to be
enforced prospectively)
Penal laws are prospective which means that a
new penal law cannot make an act or omission a
crime, when at the time of the omission or
commission of the act such was not penalized. In
short, the law in effect at the time of the
commission of an act will govern. The
prospective principle of the Code is in
conjunction with the Constitutional provision on
bill of attainder and ex-post facto law. A bill of
attainder is an act which is punished without a
trial, while an ex-post facto law is one wherein

an act is criminalized although at the time of the
commission of the act, it was not
Theories of Criminal Law
● Classical Theory
➔ The classical theory in criminal
justice suggests that an
individual who breaks the law
does so with rational free will,
understanding the effects of
their actions. As a response to a
criminal's action, the classical
theory of crime postulates that
society should enforce a
punishment that fits the crime
committed.
➔ Man is essentially a moral
creature with an absolutely free
will to choose between good
and evil thereby placing more
stress upon the effect or result of
the felonious act than upon the
man, the criminal himself.
➔ An eye for an eye. A tooth for a
tooth.
● Positivist Theory
➔ The purpose of the penalty is
reformation. There is great
respect for the human element
because the offender is regarded
as socially sick who needs
treatment, not punishment.
Cages are like asylums, jails
like hospitals. They are there to
segregate the offenders from the
“good" members of society.
➔ From this philosophy came the
jury system, where the penalty
is imposed on a case to case
basis after examination of the
offender by a panel of social
scientists which do not include
53
lawyers as the panel would not
want the law to influence their
consideration.
➔ Crimes are regarded as social
and natural phenomena which
constrain a person to do wrong
although not of his own
volition. A tendency towards
crime is the product of one's
environment.
➔ There is no such thing as a
natural born killer.
➔ This philosophy is criticized as
being too lenient.
● Mixed or Eclectic Theory.
➔ This combines both positivist
and classical thinking. Crimes
that are economic and social and
nature should be dealt with in a
positivist manner; thus, the law
is more compassionate. Heinous
crimes should be dealt with in a
classical manner; thus, capital
punishment.
➔ Since the Revised Penal Code
was adopted from the Spanish
Codigo Penal, which in turn was
copied from the French Code of
1810 which is classical in
character, it is said that our
Code is also classical. This is no
longer true because with the
American occupation of the
Philippines, many provisions of
common law have been
engrafted into our penal laws.
The Revised Penal Code today
follows the mixed or eclectic
philosophy.
➔ For example, intoxication of the
offender is considered to
mitigate his criminal liability,
unless it is intentional or
 54

habitual; the age of the offender the moral, natural, or public principles
is' considered; and the woman of our society.
who killed her child to conceal
her dishonor has in her favor a ● Although mala prohibita crimes can
mitigating circumstance. vary from state to state, mala in se
crimes are universal. Rape, murder,
robbery, and assault and battery are all
What is Mala in Se? considered morally wrong actions.
These crimes also violate the law, but
● “Evil in itself” they are first and foremost actions which
● Mala in se are those acts that are go against the standards of society.
inherently evil or wrongful in itself.
● Ex: Murder & Rape
Element Mala in se Mala
prohibita
What is Mala Prohibita?
Nature Wrong from Wrong
● “wrong [as or because] prohibited” its very nature because of an
● These are acts or omissions which are existing law
not inherently wrongful or immoral by Good faith as Good faith is Good faith is
themselves; yet, because of certain defense a valid not a defense
statutes or laws prohibiting such acts or defense
omissions, they have been considered as unless the
crimes or offenses. Hence, they become crime is the
punishable under such laws. result of
negligence
Discuss the difference between MALA IN SE Intent as an Intent is an Criminal
and MALA PROHIBITA element element intent is
immaterial

Degree of The degree of The act gives

● In MALA PROHIBITA the act
accomplishment accomplishme rise to a crime
becomes a crime because a criminal of the crime nt of the only when it
statute made it so. Usually, mala crime is taken is
prohibita are crimes or offenses which into account consummated.
do not harm people and property. They in punishing
may also include breaches of statutes or the offender.
prohibitions involving minor crimes,
Mitigating and Mitigating Mitigating
such as but not limited to infractions of aggravating and and
ordinances. In mala in se, the acts or circumstances aggravating aggravating
omissions itself are inherently wrongful circumstances circumstances
and immoral. These are acts which our are taken into generally not
society, our traditions, and our parents account in taken into
imposing the account
consider as naturally and organically
penalty
evil. Thus, they are acts and omissions
which are wrong because they violate Persons Penalty is The penalty
 55

Criminally Liable computed on on the

the basis of offenders ar What is Pro reo doctrine?
whether he is the same
a principal whether they ● Whenever a Penal law is to be construed
offender, or are merely or applied and the law admits of two
merely an accomplices interpretations- one lenient to the
accomplice or or accessori offender and one strict to the offender-
accessory.
that interpretation which is lenient or
Laws violated Revised Penal Special Law favorable to the offender will be
Code adopted.
● When in doubt, rule for the accused.
Stages in Attempted No stages of This is in consonance with the
execution (only started execution
constitutional guarantee that the accused
the steps),
frustrated ought to be presumed innocent until and
(executed all unless his guilt is established beyond
the necessary reasonable doubt.
steps but with ● Innocent unless proven guilty by the
no result), court.
consummate
d (steps +
result) Discuss Article 2 of the Revised Penal Code
(Extraterritoriality of the RPC)
Persons Principal Generally,
criminally liable (committed only the Art. 2. Application of its provisions. — Except
the crime principal is as provided in the treaties and laws of
themselves), liable
preferential application, the provisions of this
accomplice
(assists the Code shall be enforced not only within the
principal in Philippine Archipelago, including its
committing a atmosphere, its interior waters and maritime
crime, present zone, but also outside of its jurisdiction,
in the scene), against those who:
accessory (no
participation
1. Should commit an offense while on a
in the act, but
helps through Philippine ship or airship
profiting from 2. Should forge or counterfeit any coin or
the crime, currency note of the Philippine Islands or
concealing obligations and securities issued by the
evidences and Government of the Philippine Islands; chan
assisting in robles virtual law library
the escape of
the principal) 3. Should be liable for acts connected with the
introduction into these islands of the obligations
Division of Penalties are No divisions and securities mentioned in the presiding
penalties divided into of penalty number;
degrees and
periods

4. While being public officers or employees,
should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against
national security and the law of nations, defined
in Title One of Book Two of this Code
English and French Rule of Law
There are two fundamental rules on this
particular matter in connection with
International Law; to wit, the French rule,
according to which crimes committed aboard a
foreign merchant vessels should not be
prosecuted in the courts of the country within
whose territorial jurisdiction they were
committed, unless their commission affects the
peace and security of the territory; and the
English rule, based on the territorial principle
and followed in the United States, according to
which, crimes perpetrated under such
circumstances are in general triable in the courts
of the country within territory they were
committed. Of this two rules, it is the last one
that obtains in this jurisdiction, because at
present the theories and jurisprudence prevailing
in the United States on this matter are authority
in the Philippines which is now a territory of the
United States.
The exemption in the French Rule are acts that
affects the peace and security of the territory or
ones that endanger the safety of the state. An
exception to the English rule are crimes merely
affecting things within the vessel or when they
only refer to the internal management thereof.
Discuss Article 3 of the Revised Penal Code
Art. 3. Definitions. — Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only by means of
deceit (dolo) but also by means of fault (culpa).
56
There is deceit when the act is performed with
deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
What is Felony?
A felony is a crime that is punishable by
imprisonment for longer than one year. Common
felonies include: Murder. Robbery.
Elements of Felony
1. There must be an act or omission
a. Act - any bodily movement
tending to produce some effect
in the external world. It must be
external as internal acts are
beyond the sphere of penal law.
b. Omission - is inaction or the
failure to perform a positive
duty required by law.
● a mere imagination no matter
how wrong does not amount to
felony.
● This refers to any body
;movement that produces
change in the outside world.
2. Punishable by the Revised Penal Code
a. Based upon nullum crimen,
nulla poena sine lege (no
punishment without law)
3. Incurred by means of dolo or culpa
● There is deceit/malice when the
act is perform ed with deliberate
intent
● There is fault when the
wrongful act results from
imprudence, negligence, lack of
foresight or lack of skill.
What is DOLO?

● Act or omission is MALICIOUS in
nature: w/ deliberate intent to injure
● In dolo – intent = voluntary
● Dolo is deliberate intent otherwise
referred to as criminal intent, and must
be coupled with freedom of action and
intelligence on the part of the offender
as to the act done by him.
● INTENTIONAL FELONY
What are the requisites of DOLO?
● FREEDOM
○ Voluntariness on the part of the
person committing the act or
omission
○ if not free, he is merely a tool.
○ Person acting out of fear or
irresistible force is exempted
from criminal liability.
● INTELLIGENCE
○ Capacity to know and
understand the consequences of
one;s act.
○ Necessary to determine morality
of actions. If none, no crime can
exist.
○ Lack of intelligence = word “felony,” that whoever commits a felony
exemption from liability - The
clinically insane or the child (15
years or younger) cannot be
liable for not knowing anything.
● INTENT
○ The purpose to use a particular
means to effect such result.
○ to act with malice is presumed
to be done intentionally.
What is CULPA?
● act not malicious, unintentional and as
an incident without malice.
● Results from imprudence (skill) or
negligence (foresight)
57
● In culpa – no intent = imprudence
voluntarily = produced injurious results
● CRIMINAL NEGLIGENCE or
CULPABLE FELONY
Requisites of CULPA
● Criminal negligence on the part of the
offender, that is, the crime was the result
of negligence, reckless imprudence, lack
of foresight or lack of skill.
● Freedom of action on the part of the
offender, that is, he was not acting under
duress (force); and
● Intelligence on the part of the offender
in performing the negligent act.
Discuss the first paragraph of Article 4 of the
Revised Penal Code.
ARTICLE 4. Criminal Liability. — Criminal
liability shall be incurred:
By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended.
In paragraph 1 of Article 4, the law uses the
incurs criminal liability. A felony may arise not
only when it is intended, but also when it is the
product of criminal negligence. What makes
paragraph 1 of Article 4 confusing is the
addition of the qualifier "although the wrongful
act be different from what he intended."
What is the purpose of the first paragraph of
Article 4?
● States who could be liable for felony.
● One who commits an intentional felony
is responsible for all the consequences
which may naturally and logically result
therefrom, whether foreseen or intended
or not.

● In view of paragraph 1 of Art. 4, a
person committing a felony is criminally
liable although the consequences of his
felonious act are not intended by him.
● Rationale: el que es causa de la causa
del mal causado (he who is the cause of
the cause is the cause of the evil caused)
○ In People v. Likiran, although it
was Jerome who shot Sareno,
Jenny was also convicted
because she “caused,
accelerated, or contributed to
the death of the victim. She is
liable for the “natural and
logical consequence” of his act
of stabbing.
What is error in personae?
● “Error in personae” or mistake in
identity is injuring one person who is
mistaken for another. The intended
victim is not at the scene of the crime. It
is the actual victim upon whom the blow
was directed, but he is not really the
intended victim.
What is aberratio ictus?
● Aberratio ictus or mistake in the blow
refers to the accidental harm that occurs
to someone when a criminal act is
misdirected against him or her when he
or she was
otherwise an innocent bystander in the
course of the crime
What is praeter intentionem?
● “Praeter intentionem” is defined as
having an injurious result that is
greater than that intended. The
58
Revised Penal Code describes it as no
intention to commit so grave a wrong.
What is an impossible crime?
● Impossible crime is a crime of last
resort. If the acts constitute another
distinct felony, an impossible crime is
not committed because objectively a
crime is committed.
What are the requisites of an impossible
crime?
The requisites of an impossible crime are:
● that the act performed would be an
offense against persons or property;
● that the act was done with evil intent;
and
● that its accomplishment was inherently
impossible, or the means employed was
either inadequate or ineffectual.
● That the act performed should not
constitute a violation of another
provision of the RPC.
What is the reason for punishing impossible
crime?
● The rationale of Article 4(2) is to punish
criminal tendencies. The impossibility
of accomplishing the criminal intent is
not a defense in the Philippines but the
act is penalized by itself.
● The commission of an impossible crime
is indicative of criminal propensity or
criminal tendency on the part of the
actor. Thus, such person is a potential
criminal.
● Examples of an impossible crime, which
formerly was not punishable but is now
under article 59 of the Revised Penal
Code, are the following: (1) When one

tries to kill another by putting in his
soup a substance which he believes to be
arsenic when in fact it is common salt;
and (2) when one tries to murder a
corpse.
Article 6 of the Revised Penal Code
ARTICLE 6. Consummated, Frustrated, and
Attempted Felonies. — Consummated felonies,
as well as those which are frustrated and
attempted, are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment
are present; and it is frustrated when the
offender performs all the acts of execution
which would produce the felony as a
consequence but which, nevertheless, do not
produce it by reason of causes independent of
the will of the perpetrator.
There is an attempt when the offender
commences the commission of a felony directly
by overt acts, and does not perform all the acts
of execution which should produce the felony by
reason of some cause or accident other than his
own spontaneous desistance.
Elements of an Attempted Felony
The offender begins the commission of the
felony by direct overt acts but does not perform
all the acts of execution which should produce
the felony as a consequence by reason of some
cause or accident other than his own
spontaneous desistance.
Elements:
● offender commences the felony directly
by overt acts
59
● does not perform all acts which would
produce the felony
● his acts are not stopped by his own
spontaneous desistance
● the non-performance of all acts of
execution was due to a cause or accident
other than the offender’s own
spontaneous desistance.
Overt Act
● An act directed toward another person
that indicates an intent to kill or harm
and that justifies self-defense.
● These are some physical activity or
deed, indicating intention to commit a
particular crime.
● More than a mere planning or
preparation, which if carried to its
complete termination following its
natural course, without being frustrated
by external obstacles, nor by voluntary
desistance of the perpetrator will
logically ripen into a concrete offense.
What are the elements of a frustrated felony?
The offender has performed all the acts of
execution to produce the felony as a
consequence but the crime does not result due to
some cause independent of the will of the
offender.
Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony
as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the
will of the perpetrator
Crimes that do not admit of frustrated stage
(offender cannot perform all acts of execution
without consummating the offense).

● Rape
● Bribery (both direct and indirect)
● Corruption
● Adultery
● Physical injury
● Theft
Distinguish between a material crime and a
formal crime.
a. Material crimes
- Have 3 stages of execution (not
one single act)
- attempted or the first stage
- begins the commission of the
felony by direct overt acts but
does not perform all the acts of
execution which should produce
the felony as a consequence by
reason of some cause or
accident other than his own
spontaneous desistance.
b. frustrated or the second stage
- when the offender performs all
the acts of execution which
would produce the felony as a
consequence but which,
nevertheless, do not produce it
by reason of causes independent
of the will of the perpetrator
c. consummated the last stage
- when all the elements necessary
for its execution and
accomplishment are present
d. Formal Crimes
- consummate in one single act
(no attempt)
What are the elements of a consummated
felony?
All elements necessary for its execution and
accomplishment are present.
60
Elements:
● all acts of execution are present
● offender is in the objective stage as he
has no longer control over the outcome
of his acts, having performed all that is
necessary to
● accomplish his purpose. Felony
produced.
Discuss the manner of committing a crime.
● Way/mode of committing the crime.
● How it leads to the crime.
● Development of crimes is composed of
two stages which are:
1. Internal acts or the time a person
conceives the idea of committing a
crime and
- internal acts are ideas in the
mind of a culprit in itself is not
punishable under our laws.
2. external acts which is the realization of
the crime.
A. Preparatory – usually not punishable
- Ex: proposal and conspiracy to
commit a felony NOT
punishable
- Ex: Unless provided by law
(treasons, possession of
picklocks)
B. Acts of Execution – Punished by RPC
- By stages: Attempted,
frustrated, consummated
- All are punishable even if not
finished.
1. Formal crimes - consummated in one act
2. Crimes consummated by mere attempt,
proposal, or overt act
3. Felony by omission - no attempted stage

4. Crimes requiring the intervention of two
persons to commit them are
consummated by mere agreement
5. Material crimes - three stages of
execution
What is Conspiracy?
Conspiracy occurs when two or more persons
agree to commit a crime-an essential feature for
committing organized crime. One purpose of the
conspiracy offense is to extend liability
"backwards" by criminalizing the planning (or
agreement) stage of a criminal offense.
What is the proposal to commit conspiracy?
A conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit it.
There is a proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
Is the proposal to commit conspiracy a
crime?
Conspiracy is not a crime except when the
law specifically provides a penalty therefore.
There is no crime committed. Proposal to
commit conspiracy is not a crime. But if the
person accepts the proposal, there will be
conspiracy to commit a crime, which is a crime
under the Revised Penal Code.
Conspiracy and proposal to commit a crime are
only preparatory acts, and the law regards them
as innocent or at least permissible except in rare
and exceptional cases
When conspiracy itself is a crime, no overt act is
necessary to bring about the criminal liability.
61
The mere conspiracy is the crime itself. This is
only true when the law expressly punishes the
mere conspiracy; otherwise, the conspiracy does
not bring about the commission of the crime
because conspiracy is not an overt act but a merr
preparatory act. Treason, rebellion, sedition, and
coup d’etat are the only crimes where the
conspiracy and proposal to commit them are
punishable.
What is the quantum of proof to establish
conspiracy?
The quantum of evidence is the amount of
evidence needed
Conspiracy requires conclusive proof if we are
to maintain in full strength the substance of the
time-honored principle of criminal law requiring
proof beyond reasonable doubt before
conviction
Conspiracy must be proven beyond reasonable
doubt.
● The evidence presented and the
arguments put forward by the
prosecution establish the defendant's
guilt so clearly that they must be
accepted as fact by any rational person.
● Reasonable doubt - highest standard of
proof that must be exceeded to secure a
guilty verdict in a criminal case in a
court of law
● Clear and convincing evidence -
somewhat less rigorous as it requires
that a judge or jury be persuaded that the
facts of the case as presented by one
party represent the truth.
● A preponderance of the evidence -
least rigorous standard as it requires
only that one party's case be more

persuasive after both parties have
presented their cases.
● everyone who is arrested is "innocent
until proven guilty" in a court of law.
Grave Felony
Grave felonies are those to which the law
attaches the capital punishment or penalties
which in any of their periods are afflictive, in
accordance with Art. (murder, rape)
Includes:
● Reclusion perpetua (20 years and one
day until 40 years)
● Reclusion temporal (12 years and one
day to 20 years
● Perpetual or Temporary Absolute
Disqualification,
● Perpetual or Temporary Special
Disqualification,
● Prision mayor (six years and one day to
12 years)
● Fines more than Php 6000.
Penalty: 6 yrs. and 1 day to reclusion perpetua
(life)
Less Grave Felony
Less grave felonies: those which the law
punishes with penalties which in their maximum
period are correctional, such as prision
correccional (six months and one day to six
years) and arresto mayor (one month and one
day to six months). (Inciting rebellion or
sedition)
Penalty: 1 month and 1 day to 6 years
Light Felony
62
Infractions of law for the commission of which
the penalty of arresto menor (one day to 30
days) or a fine not exceeding 200 pesos or both,
is provided. (theft)
Penalty: 1 day to 30 days ; fine
Discuss Article 10 of the Revised Penal Code
ARTICLE 10. Offenses Not Subject to the
Provisions of this Code. — Offenses which are
or in the future may be punishable under special
laws are not subject to the provisions of this
Code. This Code shall be supplementary to such
laws, unless the latter should specially provide
the contrary.
The provisions of the Revised Penal Code on
penalties cannot be applied to offenses
punishable under special laws.
What are the principal penalties stated in
Article 25 of the Revised Penal Code.
Article 25. Penalties which may be imposed. -
The penalties which may be imposed according
to this Code, and their different classes, are those
included in the following:
Scale
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prisión correccional,
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Arresto mayor, dies, the case on appeal will be

Suspension, dismissed.
Destierro - banishment (ex. Art. 247 of RPC) ● DEATH IS THE ULTIMATE
SENTENCE - ATTY TL
Light penalties:
Arresto menor, 2. By service of the sentence.
Public censure. ● Crime is a debt incurred by the
offender as a consequence of his
Penalties common to the three preceding wrongful act and the penalty is
classes: but the amount of his debt.
Fine, and When payment is made, the
Bond to keep the peace. debt is extinguished. Service of
sentence does not extinguish the
Accessory Penalties civil liability.

Perpetual or temporary absolute disqualification, 3. By amnesty, which completely

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote
and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and
proceeds of the offense,
Payment of costs.
How is criminal liability totally extinguished
according to Article 89 of the Revised Penal
Code? Discuss each.
Article 89. How criminal liability is totally
extinguished. - Criminal liability is totally
extinguished:
1. By the death of the convict, as to the
personal penalties; and as to pecuniary
penalties, liability therefore is
extinguished only when the death of the
offender occurs before final judgment.
● Where the offender dies before
final judgment, his death
extinguishes both his criminal
and civil liabilities. So while a
case is on appeal, the offender
extinguishes the penalty and all its
effects.
● Amnesty erases not only the
conviction but also the crime
itself. So that if an offender was
convicted for rebellion and he
qualified for amnesty, and so he
was given an amnesty, then
years later he rebelled again and
was convicted is he a recidivist?
No. Because the amnesty
granted to him erased not only
the conviction but also the
effects of the conviction itself.
4. By absolute pardon.
● Pardon, although absolute does
not erase the effects of
conviction. Pardon only excuses
the convict from serving the
sentence.
● There is an exception to this and
that is when the pardon was
granted when the convict had
already served the sentence such
that there is no more service of
sentence to be executed then the
pardon shall be understood as

intended to erase the effects of
the conviction.
“Conditional pardon is a contract between the
executive and the convict that the former will
release the latter upon compliance with the
condition. One usual condition is “not again
violate any of the penal laws of the country.”
5. By prescription of the crime.
● Prescription of the crime is the
forfeiture or loss of the right of
the State to prosecute the
offender after the lapse of a
certain time.
6. By prescription of the penalty.
● Prescription of the penalty is the
loss or forfeiture of the right of
the Government to execute the
final sentence after the lapse of
a certain time.
7. By the marriage of the offended woman,
as provided in Article 344 of this Code.
● Marriage of the offender with
the offended woman after the
commission of any of the crimes
of rape, seduction, abduction or
acts of lasciviousness, as
provided in Article 344, must be
contracted by the offender in
good faith. Hence marriage
contracted only to void criminal
liability is devoid of legal
effects.
What are the prescription periods stated in
Article 90 of the Revised Penal Code?
Article 90. Prescription of crime.
64
● Crimes punishable by death, reclusion
perpetua or reclusion temporal shall be
prescribed in twenty years
● Crimes punishable by other afflictive
penalties shall prescribe in fifteen
years.
● Those punishable by a correctional
penalty shall prescribe in ten years;
with the exception of those punishable
by arresto mayor, which shall prescribe
in five years.
● The crime of libel or other similar
offenses shall prescribe in one year.
● The crime of oral defamation and
slander by deed shall prescribe in six
months.
● Light offenses prescribe in two months.
● When the penalty fixed by law is a
compound one, the highest penalty shall
be made the basis of the application of
the rules contained in the first, second
and third paragraphs of this article. (As
amended by Republic Act No. 4661,
approved June 19, 1966.)
What is the reason for the prescription?
So that the offended party will know when to
file a suit. Since, the offended party or the
proper authorities will lose their right to
prosecute the perpetrators if they do not take
legal actions within the prescribed period.
Every person criminally liable is also civilly
liable.
Criminal liability : responsibility for any illegal
behavior that causes harm or damage to
someone or something.
Civil liability : the legal responsibility of paying
money for damage to another person's health,
business, or property.
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Discuss prescription of offenses under Article

91 of the Revised Penal Code?

Article 91 of the Revised Penal Code should be

applied suppletorily.. Article 91 of the Revised
Penal Code, which adopts the "discovery rule"
for the prescription of offenses, provides:

ARTICLE 91. Computation of prescription of

offenses. — The period of prescription shall
commence to run from the day on which the
crime is discovered by the offended party, the
authorities, or their agents, and shall be
interrupted by filing of the complaint or
information, and shall commence to run again
when such proceedings terminate without the
accused being convicted or acquitted, or are
unjustifiably stopped for any reason not
imputable to him.

Discuss civil liability ex delicto.

Civil liability ex delicto is the liability sought to

be recovered in a civil action deemed instituted
with the criminal case.