61.

Valid warrantless searches includes: (1) searches incidental to lawful arrests; (2) searches in a moving
vehicle; (3) plain view searches; (4) customs searches; (5) terry searches or the stop and frisk search;
(6) consented warrantless searches; and (7) those in case of exigent circumstances, among others.

62. The plain view doctrine is a valid warrantless search. Its requisites are the following: (1) there is prior
valid intrusion to property; (2) the peace officers happened upon the evidence inadvertently; (3) the
evidence is immediately apparent; and (4) no further search is conducted.

63. The valid warrantless arrests are enumerated in Rule 113 of the Rules on Criminal Procedure: (1) in
flagrante delicto arrest, defined as when in the presence of the arresting officer a crime is being
committed, has just been committed, or is about to be committed; (2) a hot pursuit, defined as when a
crime has just been committed and the arresting officers has probable cause to believe based on
personal knowledge of facts and circumstances that the suspect committed it; and (3) a detainee has
escaped in a detention facility or during transport from one detention facility to another.

64. Intrusion to the right to privacy is allowed when there is no reasonable expectation of privacy, and
when there is no compelling state interest. Compelling state interest may be enforced by order of the
court, and when public safety or public order requires.

65. The right of freedom of speech and expression extends to all forms of speech including commercial,
political, educational, scientific, and religious. However, it does not extend to criminal speech such as
libel, defamation, or sedition. It involves written or spoken words, symbols, and other forms of media.

66. In order to determine which kind of test to apply in determining the validity of speech regulation, the
nature of the restraint must first be determined. The nature of the restraint may either be: (1) prior
restraint, or (2) subsequent punishment. A prior restraint refers to the prohibition before actual
release of speech, while subsequent punishment refers to the consequence people will face after
releasing the speech.

67. They differ in the following aspects:

a. As to the object of restraint, content-based regulations involves the message or idea of the
expression, while content-neutral regulations involves the incidents of speech such as the manner,
time, and place of delivery.
b. As to the test to be used, content-based regulations rely on the clear and present danger test, the
balancing of interest test, and dangerous tendency test. Content-neutral regulations on the other
hand rely on the substantial governmental interest test and the intermediate approach.

68. Under the O’brien Test, a government regulation is sufficiently justified in regulating speech if: (1) it is
within constitutional power, (2) furthers an important government interest; (3) the government
interest is unrelated to the suppression of free expression; and (4) the incident restriction is no greater
than essential to the furtherance of government interest

69. A Heckler’s Veto is an attempt to limit unpopular speech. Under this doctrine, the state may not silence
speech based on the reaction or anticipated reaction of a hostile audience, unless there is a clear and
present danger of grave and imminent harm.

70. The policy of full public disclosure involves the obligation of the state to release information
concerning transparency and accountability of its officers and state functions, while the right to
 information refers to the right of the citizens to inquire and demand into public matters of public
concern with state agents or instrumentalities.

71. The non-establishment clause is a principle enshrined in the 1987 Constitution prohibiting the
establishment of a state religion, and the separation of the church from the state.

72. The Lemon Test is the test used to determine whether a law validly complies with the non-
establishment clause. The law passed must: (1) have a secular legislative purpose; (2) the principal
effect must not advance nor inhibit a particular religion; and (3) not foster an excessive entanglement
with religion.

73. The free exercise clause refers to the doctrine wherein believers and followers of a religion are able to
freely exercise their religious beliefs, however external manifestations of such beliefs such as the
places and manners of such exercise may be limited if they infringe on basic rights of other people or
unduly interferes governmental functions.

74. Benevolent neutrality, as explained by jurisprudence, is the treatment courts take in dealing with cases
concerning religious practices. It limits the courts in fully implementing the law as long as there is (1) a
sincere belief on the part of the parties; (2) a compelling state interest to justify the infringement; and
(3) least intrusive means were used to achieve the legitimate state interest

75. A precautionary hold departure order is an order issued by the courts ordering the Bureau of
Immigration to prevent certain personalities from exiting the country since they have a pending
criminal case. The crime of the respondent must also be one attached with penalty of imprisonment
for at least 6 years, or when the respondent is a foreigner regardless of the imposable penalty.

76. A precautionary hold departure order is applied for by the prosecutor, and it is filed with the regional
trial courts who has territorial jurisdiction over the crime charged.

77. The scope and coverage of the right against self-incrimination includes only testimonies and
production of books and documents and does not extend to non-verbal evidence.

78. The rights of persons under custodial investigation are enshrined in Art. III, Sec. 12 of the 1987
Constitution, they are: (1) the right of the suspect to remain silent; (2) the right to be informed of the
charges against them; (4) the right to have a competent counsel of their choice, or if none, to be
provided with an independent and competent counsel by the investigating officer; (5) the right to
waive their right to counsel, but only in the presence of counsel; and (6) the right to be informed of
these rights.

79. Custodial investigation is the stage of criminal investigation where one suspect is singled out amongst
all possibilities and may also be detained or temporarily deprived of their movement to prevent
interruptions in the investigation.

80. The rules on the waiver of rights provides that the suspect’s custodial rights be properly communicated
to them, and that they are fully aware and knowledgeable that they can waive such rights. Further, the
waiver must be made in the presence of counsel and in writing. The waiver only includes the right to
remain silent and the right to counsel.
81. Under the 1987 Constitution, the rights of the accused are: (1) the right to have due process of law; (2)
to be allowed to face the witnesses face to face; (3) to have a compulsory process for the production
and inspection of documents or witnesses; (4) for a speedy and public trial; (5) to have the right to be
heard; (6) to be informed of the nature and cause of the accusation; and (7) to be presumed innocent
until proven guilty.

82. Bail is not available for those accused who have an imposable penalty of reclusion perpetua, death
penalty, or life imprisonment, and the evidence of guilt is strong

83. Bail is available as long as the imposable penalty of the crime charged is not reclusion perpetua, death
penalty, or life imprisonment. If the imposable penalty is one those mentioned, the evidence of guilt
must not be strong. Arraignment is not essential to the approval of the bail bond.

84. A writ of habeas corpus is an order issued by a court ordering the defendant therein to respond as to
whether they have custody of the body of the person named in the petition and to produce the person
in court in a designated time and place.

85. The scope of the writ of habeas corpus depends on the court to which it was issued. Thus, a writ issued
by an RTC is enforceable in the territorial jurisdiction of such RTC, while writs issued by the Court of
Appeals or the Supreme Court is enforceable nationwide. It covers all acts of deprivation of liberty,
voluntary or involuntary, and illegal arrests.

86. A writ of amparo is a remedy available to any person whose right to life, liberty, and security, or
threats thereof are violated by an unlawful act or omission by a public or private person.

87. The scope of the writ of amparo covers enforced disappearances and extrajudicial killings

88. A writ of habeas data is a remedy available to any person whose right to privacy in life, liberty, and
security are violated or threatened of violation. There must be a nexus between the right to privacy
and the right to life, liberty, and security.

89. The remedy for violations of the right to speedy disposition of cases is to file for a dismissal of the case.

90. The two types of double jeopardy under the 1987 Constitution are: (1) double jeopardy on the same
offense; and (2) double jeopardy on the same act.

91. The exceptions to the double jeopardy rule when an offense for which the accused is charged is
necessarily included in another offense previously charged are when there is: (1) a supervening event;
(2) newly discovered evidence; and (3) a defective plea bargain.

92. A public office is created when there is a law passed providing for its creation, when the Constitution
requires it.

93. A public employee refers to a person in public service or is being employed by the government. It is
much broader in scope, and also covered public officers. Public officers on the other hand are public
employees with greater importance, responsibilities, and independence. They are required to take
oaths, and have greater liability in case of malfeasance, misfeasance, or nonfeasance in office.

94. The modes of acquiring title to public office are by appointment, election, designation, or succession.
 95. The discretion of an appointing authority is limited to the requirements of the public office laid down
by the Constitution and laws allowing it. Appointment is also a political question.

96. The classification of appointments are permanent and temporary appointments. Temporary
appointment must also not exceed 12 months

97. Congress may not impose restrictions which are not expressly mentioned by the 1987 Constitution

98. The qualifications a candidate possesses relies on the law which it is based. If there is no express
provision in the law, the qualification must exist at the time of commencement of the term, and also
during the entire term.

99. Appointive officers are disqualified if they (1) are also running for an elective position; (2) lost in the
election, but only for 1 year immediately preceding such election; and (3) are also concurrently in
another governmental position or in a government-owned or controlled corporation.

100. Public officers may be held responsible civilly, criminally, and administratively for the same act.

101. Administrative agencies have quasi-judicial and quasi-legislative powers. Quasi-legislative powers
however only extend to their rule making powers.

102. No, the grant of quasi-legislative and quasi-judicial powers to administrative agencies do not violate
the doctrine of separation of powers because these are essential to the proper performance of the
administrative agency’s mandate. Furthermore, the quasi-legislative power only exists as an internal
rule-making power of the agency while the exercise of quasi-judicial power may be appealable to the
courts.

103. An administrative regulation has the force of penal law when a law itself mentions that violations of
such administrative regulation is a crime and attaches a corresponding penalty thereto.

104. The cardinal primary rights in administrative proceedings are the following: (1) the right to a hearing;
(2) that the tribunal adjudicating must consider the evidence presented; (3) that the decision rendered
must be based on evidence; (4) the evidence must be substantial; (5) the decision must be disclosed to
the parties; (6) the individual members of the tribunal must act independently; and (7) the decision must
contain the factual and issues relevant to the decision.

105. The doctrine of primary administrative jurisdiction requires that all matters capable of judicial review
but requiring the expertise and specialized knowledge of certain administrative agencies must first be
filed with the administrative agency involved in order to properly thresh out the issues and details of the
matter, before filing them with the courts.

106. A qualified voter is one who is at least 18 years old, a Filipino citizen, a resident of the Philippines for at
least 1 year, a resident of at least 6 months in the place where they are to register in the COMELEC to
vote, and duly registered with the COMELEC as a voter. They must also not be disqualified from voting
such as when they carry accessory penalties of disqualification.

107. A candidate is a Filipino citizen who has successfully filed their Certificate of Candidacy within the time
frame provided by law in an elective position
108. The following are disqualified to be candidates and to hold office: (1) those declared to be insane or
incompetent; and (2) those sentenced by a final judgement for subversion, rebellion, or insurrection; for
any offense sentenced to a penalty of more than 18 months; and those involving moral turpitude; but
only until the fifth year after service of sentence.

109. Under the local government code, the following are disqualified candidates: (1) those sentenced by a
final judgement of an offense involving moral turpitude, or with a crime bearing a penalty of
imprisonment for at least 1 years; but only until the second year after service of sentence; (2) those
removed from office due to an administrative case; and (3) those who have double allegiance.

110. The filing of a certificate of candidacy only has an effect for appointive officials because upon the date
of filing of the certificate of candidacy, they are deemed resigned from such position. For elective
officials, they are not deemed resigned, and will continue the same position until the end of their term.

111. A pre-proclamation controversy is any question on the proceedings of the board of canvassers
regarding the preparation, transmission, custody, and receipt of the election return prior to the
proclamation of the winning candidates. It may be raised by any candidate or any registered political
parties.

112. An election contest is a protest between the winning candidate and the defeated candidates on the
ground of frauds or irregularities in the casting and counting of the ballots, or in the preparation of the
returns. It principally revolves on the issue as to who among the candidates actually received the highest
votes and is thus entitled to the office.

113. An election protest has the following rules: (1) it may only be filed by a losing candidate; (2) it must be
filed within 10 days after the proclamation of the results; and (3) the grounds are fraud, terrorism,
irregularities, and illegal acts committed before, during, or after the casting and counting of votes.

114. A plebiscite is required whenever (1) there is an alteration of the boundaries between local
government units such as when there is a conversion or a downgrading; (2) the people exercising their
power of initiative in passing laws; (3) in a recall election.

115. A plebiscite is not required in the creation or dissolution of legislative districts and administrative
regions.

116. LGUs are afforded a 40% share on the national revenue taxes based on the collection of the preceding
fiscal year. However, if the national government incurs unmanageable public sector deficit, the national
revenue to be allotted may be reduced to 30%. There must also be a (1) recommendation from the
Finance Secretary, Internal and Local Government Secretary, and Budget and Management Secretary
and (2) consultations with both houses of Congress heads and liga presidents.

117. In order for an ordinance to be considered a valid police power measure, it must meet the formal and
substantive requirements. The formal requirement are: (1) the ordinance must be within the corporate
powers of the local government unit, and (2) it was passed according to proper procedure.

The substantive requirements are: (1) that it does not contravene the Constitution or any national law;
(2) it is fair and not oppressive; (3) it is not partial or discriminatory; (4) it does not prohibit but may
regulate trade; (5) it is consistent with public policy; and (6) it is not unreasonable.
118. Under the rules of succession in the Local Government Code, the successor’s service for the unexpired
portion of the term is not treated as one full term, and therefore not included in the count of term
limits. This is because it is considered as an assumption by operation of law and therefore an involuntary
interruption of service.

119. International Law becomes part of Philippine Law either under the doctrine of incorporation under Art.
II of the 1987 Constitution, or by the doctrine of transformation. The doctrine of incorporation mentions
how the Philippines adopts the generally accepted principles of international law, and therefore deemed
as part of Philippine law despite no legislation enacted therefrom. The doctrine of transformation on the
other hand involves the contracting of treaties or international agreements upon the concurrence of 2/3
of the Senate

120. Consular officers of foreign countries are immune from local jurisdiction when they are acting in their
official capacity because they are deemed as agents of the state they are representing. This exception
however does not extend to civil actions, or when the consular officers did not act as a representative of
the foreign state.