UNIVERSITY OF S ANTO TOMAS

FACULTY OF C IV IL LAW (1734)

POLITI<;:AL LAW

Questions Asked More Than Once

QuAMTO 2022
 QuAMTO is a compilation of past Bar questions with answers as suggested by
the UPLC and other distinct luminaries in the academe, and updated by the
UST Academics Committee to fit for the 2022 Bar Exams.

Bar questions are arranged per topic in accordance with the Bar Syllabus
released by the Supreme Court and were selected based on their occurrence
on past bar examinations from 1987 to 2021.

Address: Academics Committee

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Faculty of Civil Law
University of Santo Tomas
Espana, Manila 1008

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Academics Committee
Faculty of Civil Law
University of Santo Tomas
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Released in the Philippines, 2022.

 FACULTY OF CIVIL LAW (1734)

ACADEMICS COMMITTEE 2022

FRANCINE BLAISE M. LOJA
JOANNA NICOLE A. PAZ
MARC GABRIEL A. ABELLA
KIARA LOUISE T. BALIWAG
DANIELLE B. BARANDA
MA. CARMINA A. DIETA
DAINIELE RENEE R. FAJILAGUTAN
GEORJHIA CZARINAH Q. MALALUAN
MARIA CRISANTA M. PALOMA
MIKAELA CECILLE S. SILVERIO
FRANCINE BLAISE M. LOJA
JERICHO SIMON H. DU
SECRETARY GENERAL
SECRETARY GENERAL
EXECUTIVE COMMITTEE for LEGAL ETHICS
EXECUTIVE COMMITTEE for CRIMINAL LAW
EXECUTIVE COMMITTEE fo r LABOR LAW
EXECUTIVE COMMITTEE for CIVIL LAW
EXECUTIVE COMMITTEE for REMEDIAL LAW
EXECUTIVE COMM ITTEE fo r COMMERCIAL LAW
EXECUTIVE COMMITTEE for POLITICAL LAW
EXECUTIVE COMMITTEE for TAXATION LAW
LAYOUT AND DESIGN
COVER DESIGN ARTIST

POLITICAL LAW QuAM T O COMMITTEE 2022

KATHERINE S. POLICARPIO
POLITICAL LAW SUBJECT HEAD

MEM BERS
CLAIRE ANGELA B. CABALLES
JERCHIEL WILFRED M. DELGADO
HAILORD N. LAVARIAS
PAULA ANDREA F. PENAFLOR
ROI VINCENT C. PEREZ

TAXATION LAW QuAMTO COMMITTEE 2022

ALEXANDER J. CAIRO
TAXATION LAW SUBJECT HEAD

MEMBER
PAULINNE STEPHANY G. SANTIAGO

ATTY. AL CONRAD B. ESPALDON

ADVISER
 FACULTY OF CIVIL LAw(r,;4-)

OUR DEEPEST APPRECIATION TO OUR

MENTORS AND INSPIRATION

Justice Amy Lazaro-Javier Atty. Rafaelit o M. Garayblas t

Justice Oswaldo D. Agcaoili Atty. Kristjan Vicente T. Gargantiel

Judge Charito M. Sawali Atty. Alla n B. Gepty

Judge Rigor R. Pascual Atty. Rene B. Gorospe

Dean Lope E. Feble Atty. Victoria V. Loanzon

Dean Antonio G.M. La Vifia Atty. Anicia C. Marquez

Chairman Sheri ff M. Ahas Atty. Edwin R. Sandoval

Atty. Carlo L. Cruz Atty. Ismael L. Sarangaya, Jr.

Atty. Enrique V. Dela Cruz Atty. Mauricio C. Ulep

Atty. Al Conrad B. Espaldon

For being our guideposts in understanding the intricate sphere of Political Law.
-Academics Committee 2022
 FACULTY OF CIVIL LAW (1734)

OUR DEEPEST APPRECIATION TO OUR

MENTORS AND INSPIRATION

Justice Japar B. Dim aamp ao

Atty. Abelardo T. Dom ondon

Atty. Noel M. Ortega

Atty. Vir gin ia Jeannie P. Lim

Atty. P rudence Angelita A. Ka sala

Atty. Benedicta Du -Baladad

Atty. Rizalina V. Lombera

Atty. Lean Jeff M. Magsombol

Atty. Kenneth Glenn L. Manuel

Atty. Clarice Angeline V. Questin

For being our guideposts in understanding the intricate sphere of Taxation Law.
- Academics Committee 2022
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REVIEW MATERIAL SHALL BE
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 QuAMTO ( 1987-2021)
I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION
A. DECLARATION OF PRINCIPLES AND STATE POLICIES
(2019, 2015, 2013, 2009, 2000, 1996 BAR)
PRINCIPLES
Q: The Philippines and the Republic of Kroi Sha
established diplomatic relations and immediately their
respective Presidents signed the following:
1. Executive Agreement allowing the Republic of
Kroi Sha to establish its embassy and consular
offices within Metro Manila; and
2. Executive Agreement allowing the Republic of
Kroi Sha to bring to the Philippines its military
complement, warships, and armaments from
time to time for a period not exceeding one
month for the purpose of training exercises
with the Philippine military forces and
exempting from Philippine criminal
jurisdiction acts committed in the line of duty
by foreign military personnel, and from paying
custom duties on all the goods brought by said
foreign forces into Philippine territory in
connection with the holding of the activities
authorized under the said Executive
Agreement.
Senator Maagap questioned the constitutionality of the
said Executive Agreements and demanded that the
Executive Agreements be submitted to the Senate for
ratification pursuant to the Philippine Constitution. Is
Senator Maagap correct? Explain. (2015 BAR)
A: The Executive Agreement allowing the Republic of Kroi
Sha to establish its embassy and consular offices within
Metro Manila is valid without need of submitting it to the
Senate for ratification. Executive Agreements are not
t reaties and are valid without the need of concurrence by
the Senate in its ratification. (Commission of Customs v.
Eastern Sea Trading, G.R. No. L-14279, 31 Oct. 1961)
The Executive Agreement with the Republic of Kroi Sha
allowing it to bring to the Philippines its military
complement, warships and armaments from time to time
for training exercises with the Philippine military forces
must be submitted to the Senate for concurrence in its
ratification. Under Sec. 25, Art. XVIII of the Constitution, a
treaty duly concurred in by the Senate is required even for
the temporary presence of foreign troops. [Baya n v. Zamora,
G.R. No.138570, 10 Oct. 2000)
1 UNIVERSITY OF SANTO TOMAS ~
Q: The separation of Church and State is most clearly
violated when _ _ _ _ _ (2013 BAR)
A. the State funds a road project whose effect is to
make a church more accessible to its adherents.
B. the State declares the birthplace of a founder of
a religious sect as a national historical site.
C. the State expropriates church property in order
to construct an expressway that, among others,
provides easy access to the Church's main
cathedral.
D. the State gives vehicles to bishops to assist
them in church-related charitable projects.
E. the State allows prayers in schools for minor
children without securing the prior consent of
their parents.
A: E. the State allows prayers in schools for minor children
without securing the prior consent of their parents.
ALTERNATIVE ANSWER:
D. the State gives vehicles to bishops to assist them in
church-related charitable projects.
Q:TRUE or FALSE.Answer TRUE if the statement is true,
or FALSE if the statement is false. Explain your answer
in not more than two (2) sentences.
A law that makes military service for women merely
voluntary is constitutional. (2009 BAR)
A: FALSE. In the defense of the state, all citizens may be
required by law to render personal, military, or civil service
(Sec. 4, Art. II, 1987 Constitution). The duty is imposed on all
citizens without distinction as to gender.
ALTERNATIVE ANSWER:
TRUE. The prime duty of the government is to serve and
protect the people. The government may call upon the
people to defend the State, and in the fulfillment thereof, all
citizens may be required, under conditions provided by law,
to render personal or military service.
What is mandatory is the calling out of the people to defend
the State, but the citizens, including women, may render
personal or military service. (UPLC Suggested Answers)
Q: The Philippines has become a member of the World
Trade Organization (WTO) and resultantly agreed that
it "shall ensure the conformity of its laws, regulations
and administrative procedures with its obligations as
provided in the annexed Agreements." This is assailed
as unconstitutional because this undertaking unduly
limits, restricts and impairs Philippine sovereignty and
means among others that Congress could not pass
legislation that will be good for our national interest
and general welfare if such legislation will not conform
with the WTO Agreements. Refute this argument. (2000
BAR)
FACULTY OF CIVIL LAW
 POLITICAL LAW

A: The sovereignty of the Philippines is subject to
restriction by its membership in the family of nations and
the limitations imposed of treaty limitations. (Tafiada v.
Angara, C.R. No. 118295 2 May 1997)
Moreover, the Philippines adopts the generally accepted
principles of international law as part of the law of the land.
(Sec.2, Art. fl 1987 Constitution) One of such principles is
pacta sunt servanda. The Constitution did not envision a
hermit-like isolation of the country from the rest of the
world.
Q: Under the executive agreement entered into
between the Philippines and the other members of the
ASEAN, the other members will each send a battalion-
size unit of their respective armed forces to conduct a
combined military exercise in the Subic Bay area. A
group of concerned citizens sought to enjoin the entry
of foreign troops as violative of the 1987 Constitution
that prohibited the stationing of foreign troops and the
use by them of local facilities. As the Judge, decide the
case. Explain. (1996 BAR)
it should be stressed that when actions concerning the child
have a relation to the public welfare or the well-being of the
child, the State may act to promote these legitimate
interests in the exercise of its police power. (SPARK v.
Quezon City, C.R. No. 225442, 08 Aug. 2017; UPLC Suggested
Answers)
(b) Does the curfew ordinance infringe any of the
minors' fundamental rights? Explain.
A: YES, the curfew infringes on the minors' fun damental
rights. The two ordinances are not narrowly drawn because
the exceptions mentioned in the ordinances are inadequate
insofar as it does not provide an exception for the right to
association, free exercise of r eligion, rights t o peaceably
assemble, and of free expression among others. Thus, it can
run the risk of overly restricting minors' fundamental
freedoms. (SPARK v. Quezon City, C.R. No. 225442, 08 Aug.
2017; UPLCSuggestedAnswers)
B. NATIONAL TERRITORY

A: I will rule in favor of the concerned citizens. The

Constitution prohibits - in the absence of a treaty - the
Q: William, a private American citizen, a university
stationing of troops and facilities of foreign countries in the
graduate and frequent visitor to the Philippines, was
Philippines. (Sec. 25, Art XVIII, 1987 Constitution) The
inside the U.S. embassy when he got into a heated
Supreme Court has already ruled that the said provision
argument with a private Filipino citizen. Then, in front
requires a treaty even for the mere temporary presence of
of many shocked witnesses, he killed the person he was
foreign troops in the Philippines. (Bayan v. Zamora, C.R. No.
arguing with. The police came, and brought him to the
138570, 10 Oct. 2000)
nearest police station. Upon reaching the station, the
police investigator, in halting English, informed
STATE POLICIES
William of his Miranda rights, and assigned him an
independent local counsel. William refused the
Q: The unabated rise of criminality and the reported
services of the lawyer, and insisted that he be assisted
identification of delinquent children loitering in the
by a Filipino lawyer currently based in the U.S. The
wee hours of the night prompted City Z to implement a
re quest was denied, and the counsel assigned by the
curfew ordinance. Minors unaccompanied or
police stayed for the duration of the investigation.
unsupervised on the streets by their parents or
William protested his arrest.
guardians between 10:00 P.M. to 5:00 A.M. may be
apprehended by law enforcers subject to certain
He argued that since the incident took place inside the
exclusive exceptions. These exceptions are: 1. minors
U.S. embassy, Philippine courts have no jurisdiction
running lawful errands, such as buying of medicines,
because the U.S. embassy grounds are not part of
using of telecommunications facilities for emergency
Philippine territory; thus, technically, no crime under
purposes and the like; 2. night school students; and 3.
Philippine law was committed. Is William correct?
Minors working at night.
Explain your answer. (2009 BAR)

Minors apprehended for violation of the curfew

A: NO. William is not correct. The premis es occupied by the
ordinance shall be required to undergo counseling,
United States Embassy do not constitute territory of the
accompanied by their parents/guardians. (2019 BAR)
United States but of the Philippines. Crimes committed
within them are subject to the territorial jurisdiction of the
(a) Does the curfew ordinance violate the primary
Philippines. Since William has no diplomatic immunity, the
right and duty of parents to rear their children?
Philippines can prosecute him if it a cquires custody over
Explain.
him. (Reagan v. Commissioner ofInternal Revenue, C.R. No, L-
26379, 27 Dec. 1969)
A: NO, the curfew ordinance does not violate the primary
right and duty of parents to rear their children. The
principle of parens patriae states that the State has the duty
of protecting the rights of persons or individual who
becaus e of age or incapa city are in an unfavorable pos ition.
Thus, while parents have the primary role in child-rearing,

UNIVERSITY OF SANTO TOMAS 2

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)

The doctrine of operative fact recognizes the existence of

C. SEPARATION OF POWERS the law or executive act prior to the determination of its
(2019, 2016, 2015, 2009 BAR) unconstitutionality as an operative fact that produced
consequences that cannot always be erased, ignored or
disregarded. In short, it nullifies the void law or executive
act but sustains its effects. It provides an exception to the
Q: In 2014, Congress enacted an appropriation law
general rule that a void or unconstitutional law produces no
containing a provision that gives individual legislators
effect.
the discretion to determine, post-enactment, how much
funds would go to a specific project or beneficiary
In the case of Arau/lo v.Aquino (G.R. No. 29287, 0l]uly 201 4),
which they themselves also determine. Consequently,
the Court found the doctrine of operative fa ct applicable to
disbursements were made in the interim pursuant
the adoption and implementation of the DAP. Its application
thereto.
to the DAP proceeds from equity and fair play. The
consequences resulting from the DAP and its related
Eventually, Mr. Z filed a petition questioning the
issuances could not be ignored or could no longer be
constitutionality of the statutory provision on the
undone. (UPLC Suggested Answers)
grounds that it violates the separation of powers
principle.
Q: Several concerned residents of the areas fronting
Manila Bay, among them a group of students who are
On the other hand, certain Congressman argued that
minors, filed a suit against the Metro Manila
there was nothing wrong with the provision because,
Development Authority (MMDA), the Department of
after all, the power to appropriate belongs to Congress.
Environme nt and Natural Resources (DENR), the
(2019 BAR)
Department of Health (DOH), the Department of
Agriculture (DA), the Department of Education
(a) Rule on the arguments of the parties.
(DepEd), the Department of Interior and Local
Government (DILG), and a number of other executive
A: I will rule in favor of Mr. Z. The provision is
agencies, asking the court to order them to perform
unconstitutional for being violative of the separation of
their duties relating to the cleanup, rehabilitation and
powers.
protection of Manila Bay. The complaint alleges that the
continued neglect by defendants and their failure to
The enforcement of the national budget, as p rimarily
prevent and abate pollution in Manila Bay constitute a
contained in the GAA, is indisputably a function both
violation of the petitioners' constitutional right to life,
constitutionally assigned and properly entrusted to the
health and a balanced ecology. (2016 BAR)
Executive branch of government.
Any post-enactment congressional measure should be
(a) If the defendants assert that the
limited to scrutiny and investigation. Congressional
students/petitioners who are minors do not
oversight must be confined to the following:
have locus standi to file the action, is the
assertion correct? Explain your answer.
1. Scrutiny based primarily on Congress' power
of appropriation and the budget hearings
A: NO. The contention that the minors have no locus standi
conducted in connection with it, its power to
is unmeritorious. In the landmark case of Oposa v. Factoran
ask heads of departments to appear before and
(G.R. No. 101083, 30 July 1993) the Court held that basis for
be heard by either of its Houses on any matter
the minors to have locus standi is intergenerational
pertaining to their departments and its power
responsibility. It is pursuant to the obligation of the State
of confirmation;
under Sec. 16, Art. II of the 1987 Constitution to protect and
2. Investigation and monitoring of the
advance the right of the people to a balanced and healthful
implementation of laws pursuant to the power
ecology in accord with the rhythm and harmony of nature.
of Congress to conduct inquiries in aid of
legislation; and
(b) In its decision which attained finality, the Court
3. Any action or step beyond that will undermine
ordered the defendants to clean up,
the separation of powers guaranteed by the
rehabilitate and sanitize Manila Bay within
Constitution. (Belgica v. Ochoa, G.R. 208566, 19
eighteen (18) months, and to submit to the
Nov. 2013)
Court periodic reports of their
accomplishment, so that the Court can monitor
(b) Assuming that the provision is declared
and oversee the activities undertaken by the
unconstitutional, should the disbursements
agencies in compliance with the Court's
made pursuant thereto be returned in light of
directives. Subsequently, a resolution was
the doctrine of operative fact? Explain.
issued extending the time periods within which
the agencies should comply with the directives
A: NO, the disbursements need not be returned, as the
covered by the final decision. A view was raised
doctrine of operative fact applies.
that the Court's continued intervention after

3 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW

the case has been decided violates the doctrine Mang Pandoy, a resident of Smokey Mountain in Tondo,
of separation of powers considering that the questioned the authority of the Committee. Is the grant
government agencies all belong to the of authority to the Oversight Committee to screen
Executive Department and are under the beneficiaries constitutional? (2009 BAR)
control of the President. Is this contention
correct? Why or why not? A: NO. The grant of a uthority to the Oversight Committee to
screen beneficiaries is unconstitutional. It violates the
A: NO. The order of the Supreme Court to the defendant to prin ciple of s eparati on of powers. By being involved in th e
clean up, rehabilitate and sanitize the Manila Bay is an implementation of the law, the Oversight Committee will be
exercise of judicial power, because the execution of its exercising executive p ower. (Abakada Curo Party List v.
decision is an integral pa rt of its adjudicative function. Since Purisima C.R. No.166715, 14 Aug. 2 008)
the s ubmission of periodic reports is needed to fully
implement the d ecis ion, the Supreme Court can issue a
continuing writ of mandamus to the MM DA until full D. CHECKS AND BALANCES
compliance with its order is shown . (Metropolitan Manila
Development Authority v. Concerned Residents ofManila Bay,
C.R. Nos. 171 947-48, 18 Dec. 2008)
Q: Which of the following best exemplifies how the
system of checks and balances is carried out:
Q: Senator Fleur De Lis is charged with plunder before
the Sandiganbayan. After finding the existence of
A. The le gislature passes a law that prohibits the
probable cause, the court issues a warrant for the
president from commuting a judiciary-imposed
Senator's arrest. The prosecution files a motion to
sentence, as a check of the president;
suspend the Senator relying on Section 5 of the Plunder
B. The President pardons a convict as a way to set
Law. According to the prosecution, the suspension
aside or modify a judgment of the judiciary;
should last until the termination of the case. Senator Lis
C. The judiciary overturns a pardon granted by
vigorously opposes the motion contending that only the
the President as a check on executions;
Senate can discipline its members; and that to allow his
D. The President pardons an accused after
suspension by the Court would violate the principle of
arraignment in the interest of justice. (2012
separation of powers. Is Senator Lis's contention
BAR)
tenable? Explain. (2015 BAR)

A: B. The President pardons a convict as a way to set aside

A: NO. The contention of the Senator is not tenable. The
or modify a judgment of the judiciary.
power of ea ch House of Congress to punish its Members for
disorderly behavior, and s uspend or expel a Member by a
Except in cases of impeachment, or as otherwise provided
vote of two-thirds ofall its Members which is subject to the
in this Constitution, the President may grant r eprieves,
qualification that the p enalty of suspension, when imposed,
com mutations, and pardons, and remit fines a nd forfeitures,
shoul d not exceed sixty days under Sec. 6 (3), Art. VI of the
after conviction by final judgment. He shall also ha ve the
1987 Constitution is distinct from the suspension under the
power to grant amnesty with the con currence of a majority
Plunder Law which is not a penalty but a preliminary,
of all the Members of the Congress. (Sec. 19, Art. VII, 1987
preventive measure, pres cin ding from the fact that the
Constitution)
latter is not being impos ed on petitioner for misbehavior as
a Member of the House of Representatives. The doctrine of
separation of p owers cannot be deemed to have excluded
Members of Congr ess from the application of the Plunder E. STATE IMMUNITY
Law. The law itself does not exclude Members of Congress (2018, 2017, 2016, 2013, 2009, 2001, 1999, 1997 BAR)
from its coverage. The Sandiganbayan did not err in issuing
the preventive suspension order. (Ceferino Paredes, Jr. v.
Sandiganbay an, C.R. No. 118364, 08 Aug. 1995, cited in CONCEPTS
Santiag o v. Sandiganbayan, C.R. No. 128055, 18 Apr. 2001)
Q: What do you understand by state immunity from
Q: The Poverty Alleviation and Assistance Act was suit? Explain. (2017, 1999 BAR)
passed to enhance the capacity of the most
marginalized families nationwide. A financial A: State immunity from suit means that the Sta te cannot be
as sistance scheme called "conditional cash transfers " sued without its consent. A corolla ry of such principle is that
was initially funded 5 00 million pesos by Congres s . One properties us ed by the State in th e performance of its
of the provisions of the law gave the Joint Congressional governmental functions cannot be subject to judicial
Oversight Committee authority to screen the list of exe cution. (UPLC Suggested Answers)
beneficiary families initially determined by the
Secretary of Department of Social Welfare and Q: Under the doctrine of immunity from suit, the State
Development pursuant to the Department cannot be sued without its consent. How may the
implementing rules.

UNIV ER SITY O F S A NTO TO MA S 4

20 2 2 GOLD E N NOT ES
 QuAMTO ( 1987-2021)
consent be given by the State? Explain your answer.
(2017, 1999 BAR)
A: Consent of the State to be sued may be made expressly as
in the case of a specific, express provision of law, as waiver
of State immunity from suit is not inferred lightly [e.g. C.A.
327 as amended by PD 1445) or impliedly as when the State
engages in proprietary functions (U.S. v. Ruiz, G.R. No. L-
35645, 22 May 1985; U.S. v. Guinto, G.R. No. 76607, 26 Feb.
1990) or when it files a suit in which case the adverse party
may file a counterclaim [Froilan v. Pan Oriental Shipping,
G.R. No. L-6060, 30 Sept. 1954) or when the doctrine would
in effect be used to perpetuate an injustice. (Amigable v.
Cuenca, G.R. No. L-26400, 29 Feb. 1972)
Q: Do government-owned or -controlled corporations
also enjoy the immunity of the State from suit? Explain
your answer. (2017 BAR)
A: A government-owned or controlled corporation may be
sued. Suit against it is not a suit against the State, because it
has a separate juridical personality (Social Security Systems
v. Court ofAppeals, G.R. No. L-41299, 21 Feb.1983)
Q: It is said that "waiver of immunity by the State does
not mean a concession of its liability". What are the
implications of this phrase? (1997 BAR)
A: The phrase that waiver of immunity by the State does not
mean a concession of liability means that by consenting to
be sued, the State does not necessarily admit it is liable. In
such a case, the State is merely giving the plaintiff a chance
to prove that the State is liable, but the State retains the
right to raise all lawful defenses. [Philipp ine Rock Industries,
Inc. v. Board of Liquidators, G.R. No. 84992, 15 Dec. 1989)
APPLICATION
Q: Annika sued the Republic of the Philippines,
represented by the Director of the Bureau of Plant
Industry, and asked for the revocation of a deed of
donation executed by her in favor of said Bureau. She
alleged that, contrary to the terms of the donation, the
donee failed to install lighting facilities and a water
system on the property donated, and to build an office
building and parking lot thereon, which should have
been constructed and made ready for occupancy on or
before the date fixed in the deed of donation.
The Republic invoked state immunity and moved for
the dismissal of the case on the ground that it had not
consented to be sued. Should the Republic's motion be
granted? (2018 BAR)
A: YES. The motion of the Republic should be granted. There
appears to be no consent on the part of the State to be sued.
In Sec. 3, Art. XVI of the 1987 Constitution, it is provided that:
"The State shall not be sued without its consent."
5 UNIVERSITY OF SANTO TOMAS ~
That no consent was given by the Republic is shown by the
fact that the Bureau or the Government did seem to have
complied with the demands of the deed of donation.
Compliance with the state immunity is essential for two
reasons:
1. It is required as a provision of the Constitution; and
2. Immunity is an essential element of state
sovereignty. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
NO. The motion should be deni ed. The doctrine of
governmental immunity from suit cannot serve as an
instrument for perpetuating an injustice on a citizen. Here,
the alleged failure to abide by the conditions under which a
donation was given should not prove an insuperable
obstacle to a civil action, the consent likewise being
presumed when the State entered into a contract. Under the
circumstances, the fu ndamental postulate of non-suability
of the state cannot stand in the way. (Santiago v. Republic,
G.R. No. L-48214, 19 Dec. 1978)
Q: The doctrine of immunity from suit in favor of the
State extends to public officials in the performance of
their official duties. May such officials be sued
nonetheless to prevent or to undo their oppressive or
illegal acts, or to compel them to act? Explain your
answer. (201 7 BAR)
A: YES. Public officials may be sued if they acted
oppressively or illegally in the performance of their duties.
A suit against a public officer who acted illegally is not a suit
against the state. (Aberca v. Ver, G.R. No. 69866, 15 Apr.
1988)
A public official may be compelled to act through a writ of
mandamus. The main objective of mandamus is to compel
the performance of a ministerial duty on the part of the
respondent official; however, the writ does not issue to
control or review the exercise of discretion or to compel a
course of conduct. The writ of prohibition can also be
availed of, as it is an extraordinary writ which can be
directed against a public officer ordering said officer to
desist from further proceedings when said proceedings are
without or in excess of said officer's jurisdiction or are
accompanied with grave abuse of discretion. (Rule 65,
Revised Rules of Court)
Lastly, a public officer is, by law, not immune from damages
in his/her personal capacity for acts done in bad faith
which, being outside the scope of his authority, are no
longer protected by the mantle of immunity for official
actions. (Vinzons-Chato v. Fortune Tobacco Corp., G.R. No.
141309, 19 June 2007)
Q: The USS Liberty, a warship of the United States (U.S.),
entered Philippine archipelagic waters on its way to
Australia. Because of the negligence of the naval
officials on board, the vessel ran aground off the island
of Palawan, damaging coral reefs and other marine
FACULTY OF CIVIL LAW
 POLITICAL LAW
resources in the area. Officials of Palawan filed a suit for
damages against the naval officials for their negligence,
and against the U.S., based on Articles 30 and 31 of the
United Nations Convention on the Law of the Sea
(UNCLOS). Article 31 provides that the Flag State shall
bear international responsibility for any loss or
damage to the Coastal State resulting from
noncompliance by a warship with the laws and
regulations of the coastal State concerning passage
through the territorial sea. The U.S. Government raised
the defenses that:
1. The Philippine courts cannot exercise
jurisdiction over another sovereign State,
including its warship and naval officials.
2. The United States is not a signatory to UNCLOS
and thus cannot be bound by its provisions.
Rule on the validity of the defenses raised by the U.S.,
with reasons. (2016 BAR)
A: The defenses raised by the U.S. Government are not valid.
The first defense relies on sovereign immunity from s uit as
advanced by the U.S. Government. But the suit filed by the
Officials of Palawan draws its strength from Arts', 30 and 31
of the UNCLOS. However, the U.S. defense is defe ated by the
UN CLOS through the application of Art. 32 which provides:
"With such exceptions as are contained in sub-section A and
in Arts. 30 and 37, nothing in this Convention affects the
immunities of warships a nd other government ships
operated for n on-commercial purposes." In reality the
s upreme relevance of Art. 32 quoted above is actualized by
quoting an exis ting U.S. government document sourced
from Dispatch Supplement, Law of the Sea Convention:
Letters of Trans mittal and Submittal and Commentary, as
follows : "Art. 32 provides, in effect that the only rules in the
Convention derogating from the immunities of wars hips
and government ships operated for non-government
purposes are those found in Arts, 17-26, 30 and 31 ."
{February 1995, Vol, 6, Supplement No,1 p.12)
As for the second defense, the U.S. Government turns t o the
defens e that it is not bound by the UNCLOS for the reason
that it is not a Sta te Party or a s ignatory. However, to be
bound by the principle, it does not have to be a party to a
trea ty or convention. If it has the normative status of a
customary norm of international law, it is binding on all
s tates. This appears to be the h olding of the principle of
immunity of warship in question. The Convention protects
and strengthens the key principle of sovereign immunity for
warships. Although not a new concept, sovereign immunity
is a principle of vital importance to the United States. The
Convention provides for a universally r ecognized
formulation of this principle. (UPLC Suggested Answers)
Q: The Ambassador of the Republic ofKafirista referred
to you for handling, the case of the Embassy's
Maintenance Agreement with CBM, a private domestic
company engaged in maintenance work. The
Agreement binds CBM, for a defined fee, to maintain the
UNIVERSITY OF S A NTO TO MA S
20 2 2 GOLD EN NOTES
Embassy's elevators, air-conditioning units and
electrical facilities. Section 10 of the Agreement
provides that the Agreement shall be governed by
Philippine laws and that any legal action shall be
brought before the proper court of Makati. Kafiristan
terminated the Agreement because CBM allegedly did
not comply with their agreed maintenance standards.
CBM contested the termination and filed a complaint
against Kafiristan before the Regional Trial Court of
Makati. The Ambassador wants you to file a motio n to
dismiss on the ground of state immunity from suit and
to oppose the position that under Section 10 of the
Agreement, Kafiristan expressly waives its immunity
from suit. Under these facts, can the Embassy
successfully invoke immunity from s uit? (2013 BAR)
A: YES, the Embassy can invoke immunity from suit. Section
10 of the Maintenance Agreement is not necessarily a waiver
of sovereign immunity from suit. It was meant to apply in
case the Republic of Kafiristan elects to sue in the local
courts or waives its immunity by a subsequent act. The
es tablishment of a diplomatic mission is a sovereign
function. This encompasses its maintenance and upkeep.
The Maintenance Agreement was in pursuit of a sovereign
activity. (Republic of the Indonesia v, Vinzon, C.R. No, 154705,
26june 2 003)
Q: In the last quarter of 2012, about 5,000 container
vans of imported goods intended for the Christmas
Season were seized by agents of the Bureau of Customs.
The imported goods were released only on January 10,
2013 . A group of importers got together and filed an
action for damages before the Regional Trial Court of
Manila against the Department of Finance and Bureau
o f Customs.
The Bureau of Customs raised the defense of immunity
from suit and, alternatively, that liability should lie
with XVZ Corp. which the Bureau had contracted for the
lease of 10 high powered van cranes but delivered only
5 of these cranes, thus causing the delay in its cargo-
handling operations. It appears that the Bureau,
despite demand, did not pay XYZ Corp the P 1 Million
deposit and advance rental required under their
contract. (2013 Bar)
(a) Will the action by the group of importers
prosper?
A: NO. The action by the group of importers will not
prosper. The primary function of the Bureau of Customs is
governmental, that of assessing and collecting lawful
revenues from imported articles and all other tariff and
customs duties, fees, charges, fines and penalties. (Mobil
Philippines Exploration, Inc, v, Customs Arrastre Service, C.R.
No. L-23139, 17 Dec. 1966)
(b) Can XYZ Corp. sue the Bureau of Customs to
collect rentals for the delivered cranes?
6
 QuAMTO ( 1987-2021)
A: NO. XYZ Corporation cannot sue the Bureau of Customs
to collect rentals for the delivered cranes. The contract was
a necessary incident to the performance of its governmental
function. To properly collect the revenues and customs
duties, the Bureau of Customs must check to determine if
the declaration of the importers tallies with the landed
merchandise. The cranes are needed to haul the landed
merchandise to a suitable place for inspection. [Mobil
Philippines Exploration v. Customs Arrastre Service, G.R. No.
L-23139, 17 Dec. 1966)
ALTERNATIVE ANSWER:
NO, XYZ Corporation cannot sue the Bureau of Customs
because it has no juridical personality separate from that of
the Republic of the Philippines. [Mobil Philippines
Exploration v. Customs Arrastre Service, G.R. No. L-23139, 17
Dec.1966)
ALTERNATIVE ANSWER:
YES. XYZ Corporation may sue the Bureau of Customs
because the contract is connected with a proprietary
function, the operation of the arrastre service. [Philippine
Refining Company v. CA, G.R. No. 118794, 08 May 1996)
Besides, XYZ Corporation leased its van cranes, because the
Bureau of Customs undertook to pay its rentals. Justice and
equity demand that the Bureau of Customs should not be
allowed to invoke state immunity from suit (Republic v.
Unimex-Micro Electronics GmBH, G.R. Nos. 166309-1 0, 09
Mar. 2007)
Q: Mr. Sinco sued the government for damages. After
trial, the court ruled in his favor and awarded damages
amounting to PS0 million against the government. To
satisfy the judgment against the government, which
valid option is available to Mr. Sinco?
A. Garnish the government funds deposited at the
Land Bank.
B. File a claim with the Commission on Audit
(COA) pursuant to Commonwealth Act 327, as
amended by Presidential Decree 1445.
C. Make representations with the Congress to
appropriate the amount to satisfy the
judgment.
D. File a petition for mandamus in court to compel
Congress to appropriate PS0 million to satisfy
the judgment.
E. Proceed to execute the judgment as provided
by the Rules of Court because the State allowed
itself to be sued. (2013 BAR)
A: B. File a claim with the Commission on Audit (COA)
pursuant to Commonwealth Act 327, as amended by
Presidential Decree 1445. (University of the Philippines v.
Dizon, G.R. No. 171182, 23 Aug. 2012)
Q: The Municipality of Pinatukdao is sued for damages
arising from injuries sustained by a pedestrian who
was hit by a glass pane that fell from a dilapidated
7 UNIVERSITY OF SANTO TOMAS ~
window frame of the municipal hall. The municipality
files a motion to dismiss the complaint, invoking state
immunity from suit. Resolve the motion with reasons.
(2009 BAR)
A: The motion to dismiss should be denied. Under Section
24 of the Local Government Code and Article 2189 of the Civil
Code, the Municipality of Pinatukdao is liable for damages
arising from injuries to person by reason of negligence of
local government units or local officers of the defective
condition of the municipal hall, which is under their control
and supervision. (UPLC Suggested Answers)
Q: The Republic of the Philippines, through the
Department of Public Works and Highways (DPWH),
constructed a new highway linking Metro Manila and
Quezon province, and which major thoroughfare
traversed the land owned by Mang Pandoy. The
government neither filed any expropriation
proceedings nor paid any compensation to Mang
Pandoy for the land thus taken and used as a public
road.
Mang Pandoy filed a suit against the government to
compel payment for the value of his land. The DPWH
filed a motion to dismiss the case on the ground that the
State is immune from suit. Mang Pandoy filed an
opposition. Resolve the motion. (2001 BAR)
A: The motion to dis miss should be denied. When the
Government expropriates private property without paying
compensation, it is deemed to have waived its immunity
from suit. Otherwise, the constitutional guarantee that
private property shall not be taken for public use without
payment of just compensation will be rendered nugatory.
(Amigable v. Cuenca, G.R. L-26400, 29 Feb.1972)
Q: The employees of the Philippine Tobacco
Administration (PTA) sued to recover overtime pay. In
resisting such claim, the PT A theorized that it is
performing governmental functions. Decide and
explain. (1999 BAR)
A: As held in Philippine Virginia Tobacco Administration v.
Court of Industrial Relations (G.R. No. L-32052, 25July 1975),
the Philippine Tobacco Administration is not liable for
overtime pay, since it is performing governmental
functions. Among its purposes are to promote the effective
merchandising of tobacco so that those engaged in the
tobacco industry will have economic security, to stabilize
the price of tobacco, and to improve the living and economic
conditions of those engaged in the tobacco industry. (UPLC
Suggested Answers)
FACULTY OF CIVIL LAW
 POLITICAL LAW

infrastructure is any basic facility needed by society. The

F. DELEGATION OF POWERS power to determine what kind of infrastructure to prioritize
(2016, 2005, 2002 BAR) and fund is the power to determine the purpose of the
appropriation and is an undue delegation of the power to
appropriate.

Q: The two accepted tests to determine whether or not

The assailed provision does not fall under the principle of
there is a valid delegation of legislative power are the
ejusdem generis. First, the phrase "energy resource
Completeness Test and the Sufficient Standard Test.
development and exploitation programs and projects of the
Explain each. (2016, 2005 BAR)
government" states a singular and general class. Second, it
exhausts the class it represents. (Belgica v. Ochoa, Jr., GR. No.
A: Under the COMPLETENESS TEST, the law must be
208566, 19 Nov. 2013)
complete in all essential terms and conditions when it
leaves the legislature so that there will be nothing left for
Q: Section 3 2 of Republic Act No. 4670 (The Magna Carta
the delegate to do when it reaches him except to enforce it.
for Public School Teachers) reads: Sec. 32. Penal
A law is complete when it sets forth therein the policy to be
Provision - A person who shall willfully interfere with,
executed, carried out or implemented by the delegate.
restrain or coerce any teacher in the exercise of his
(Cruz, 2014)
rights guaranteed by this Act or who shall in any other
manner commit any act to defeat any of the provisions
Under the SUFFICIENT STANDARD TEST, the statute must
of this Act shall, upon conviction, be punished by a fine
not only define a fundamental legislative policy, mark its
of not less than one hundred pesos nor more than one
limits and boundaries, and specify the public agency to
thousand pesos, or by imprisonment, in the discretion
exercise the legislative power. It must also indicate the
of the court. Is the proviso granting the court the
circumstances under which the legislative command is to be
authority to impose a penalty or imprisonment in its
effected. To avoid the taint of unlawful delegation, there
discretion constitutional? Explain briefly. (2005 BAR)
must be a standard, which implies at the very least that the
legislature itself determines matters of principle and lays
A: NO. The proviso is unconstitutional. Sec. 32 of R.A No.
down fundamental policy (Free Telephone Workers Union v.
4670 provides for an indeterminable period of
Minister of Labor, C.R. No. L-58184, 30 Oct 1981). It fixes a
imprisonment, with neither a minimum nor a maximum
standard, the limits of which are sufficiently determinate or
duration having been set by the legislative authority. The
at least determinable to which the delegate must conform
courts are thus given a wide latitude of discretion t o fix the
in the performance of his functions. (UPLC Suggested
term of imprisonment, without even the benefit of any
Answers)
sufficient standard, such that the duration thereof may
range, in the words of respondent judge, from one minute
Q: Section 8 of P.D. No. 910, entitled "Creating an Energy
to the life span of the accused. This cannot be allowed. It
Development Board, defining its powers and functions,
vests in the courts a power and a duty essentially legislative
providing funds therefor and for other purposes,"
in nature and which, as applied to this case, does violence to
provides that: "All fees, revenues and receipts of the
th e rules on separation of powers as well as the non-
Board from any and all sources xx x shall form part of a
delegability oflegislative powers. (People v.Judge Dacuycuy,
Special Fund to be used to finance energy resource
C.R. No. L-45127, 05 May 1989).
development and exploitation programs and projects
of the government and for such other purposes as may
Q: Suppose that Congress passed a law creating a
be hereafter directed by the President."
Department of Human Habitat and authorizing the
Department Secretary to promulgate implementing
The Malampaya NGO contends that the provision
rules and regulations. Suppose further that the law
constitutes an undue delegation of legislative power
declared that violation of the implementing rules and
since the phrase "and for such other purposes as may
regulations so issued would be punishable as a crime
be h ereafter directed by the President" gives the
and authorized the Department Secretary to prescribe
President unbridled discretion to determine the
the penalty for such violation. If the law defines certain
purpose for which the funds will be used. On the other
acts as violations of the law and makes them
hand, the government urges the application of ejusdem
punishable, for example, with imprisonment of three
generis.
(3) years or a fine in the amount of Pl0,000.00 or both
such imprisonment and fine, in the discretion of the
Does the assailed portion of section 8 of PD 910 hurdle
court, can it be provided in the implementing rules and
the two (2) tests: Completeness test and Sufficient
regulations promulgated by the Department Secretary
Standard Test? (2016 BAR)
that their violation will also be subject to the same
penalties as those provided in the law itself? Explain
A: NO. The assailed portion of the Presidential Decree No.
your answer fully. (2002 BAR)
910 does not satisfy the two tests. The phrase "and for such
other purposes as may be hereafter directed by the
A: NO. The rules and regulations promulgated by the
President" gives the President unbridled discretion to
Secretary of Human Habitat cannot provide that the
determine the purpose for which the funds will be used. An

UNIVERSITY OF S A NTO TOMAS 8

20 22 GOLDEN NOTES
 QuAMTO ( 1987-2021)

penalties for their violation will be the same as the penalties

for the violation of the law. As held in United States v. II. GENERAL PRINCIPLES OF TAXATION
Barrias, (G.R. No. 4349, 24 Sept. 1908), the fixing of the
penalty for criminal offenses involves the exercise of
legislative power and cannot be delegated. The law itself
must prescribe the penalty. (UPLC Suggested Answers)
A. DEFINITION, CHARACTERISTICS AND PURPOSE OF
TAXATION
(2016, 2013, 2011, 2006, 2005, 2004, 2003, 2000,
G. FUNDAMENTAL POWERS OF THE STATE
1996, 1991, 1989 BAR)

Q: Describe the power of taxation. May a legislative

body enact laws to raise revenues in the absence of a
constitutional provision granting said body the power
to tax? Explain. (2005 BAR)

A: The power of taxation is inherent in the State being an

attribute of sovereignty. As an incident of sovereignty, the
power to tax has been described as unlimited in its range,
acknowledging in its very nature no limits, so that security
against its abuse is to be found only in the responsibility of
the legislature which imposes the tax on the constituents
who are to pay it. [Mactan Cebu International Airport
Authority v. Marcos, G.R. No. 120082, 11 Sept.1996)

Being an inherent power, the legislature can enact laws to

raise revenues even without the grant of said power in the
Constitution. It must be noted that Constitutional
provisions relating to the power of taxation do not operate
as grants of the power of taxation to the Government, but
instead merely constitute limitations upon a power which
would otherwise be practically without limit. (Cooley,
Constitutional Limitations, 1927 8th Ed., p. 787)

Q: Congress passed a sin tax that increased the tax rates

on cigarettes by 1000%. The law was thought to be
sufficient to drive many cigarette companies out of
business, and was questioned in court by a cigarette
company that would go out of business because it
would not be able to pay the increased tax. The
cigarette company is _ _ _ _? (2013 BAR)

(A) Wrong because taxes are the lifeblood of the

government

(B) Wrong because the law recognizes that the

power to tax is the power to destroy

(C) Correct because no government can deprive a

person of his livelihood

(D) Correct because Congress, in this case,

exceeded its power to tax

A: (B) WRONG because the law recognizes that the power

to tax is the power to destroy.

In McCulloch v. Maryland, Chief Justice Marshall declared

that the power to tax involves the power to destroy. This
maxim only means that the power to tax includes the power

9 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
to regulate even to the extent of prohibition or destruction
of businesses. The reason is that the legislature has the
inherent power to determine who to tax, what to tax and
how much tax is to be imposed. Pursuant to the regulatory
purpose of taxation, the legislature may impose tax in order
to discourage or prohibit things or enterprises inimical to
the public welfare.
In the given problem, the legislature's imposition of
prohibitive sin tax on cigarettes is congruent with its
purpose of discouraging the public form smoking cigarettes
which are hazardous to health. (McCulloch v. Maryland, 17
U.S. 4 Wheat 31 6, 1819; UPLCSuggested Answers)
Q: XYZ Corporation manufactures glass panels and is
almost at the point of insolvency. It has no more cash
and all it has are unsold glass panels. It received an
assessment from the BIR for deficiency income taxes. It
wants to pay but due to lack of cash, it seeks permission
to pay in kind with glass panels. Should the BIR grant
the requested permission? (2013 BAR)
(A) It should grant permission to make payment
convenient to taxpayers.
(B) It should not grant permission because a tax is
generally a pecuniary burden.
(C) It should grant permission; otherwise, XYZ
Corporation would not be able to pay.
(D) It should not grant permission because the
government does not have the storage facilities
for glass panels.
A: (B) It should n ot grant permission because a tax is
generally a pecuniary burden.
This principle is one of the attributes or characteristics of
tax. (UPLC Suggested Answers)
B. POWER OF TAXATION AS DISTINGUISHED FROM
POLICE POWER AND EMINENT DOMAIN
(20 16, 2009, 1996, 1989 BAR)
Q: Congress issued a law allowing a 20% discount on
the purchases of senior citizens from, among others,
recreation centers. This 20% discount can then be used
by the sellers as a "tax credit". At the initiative of BIR,
however, Republic Act No. (R.A.) 9257 was enacted
amending the treatment of the 20% discount as a "tax
deduction." Equity Cinema filed a petition with the RTC
claiming that the R.A. 9257 is unconstitutional as it
forcibly deprives sellers a part of the price without just
compensation. If you were the judge, how will you
decide the case? Briefly explain your answer. (2016
BAR)
UNIVERSITY OF S A NTO TOMAS
20 22 GOLD EN NOTES
A: I will decide in favor of the Constitutionality of the law.
The 20% discount as well as the tax deduction scheme is a
valid exercise of the police power of the State. (Manila
Memorial Park Inc. v. DSWD, C.R. No. 175356, 03 Dec. 2013;
UPLC Suggested Answers)
Q: The Sangguniang Bayan of the Municipality of
Sampaloc, Quezon, passed an ordinance imposing a
storage fee of ten centavos (P0.10) for every 10 0 kilos
of copra deposited in any bodega within the
Municipality's jurisdiction. The Metropolitan
Manufacturing Corporation (MMC), w ith principal
office in Maka ti, is engaged in the manufacture of soap,
edible oil, margarine, and othe r coconut oil-based
products. It has a warehouse in Sampaloc, Quezon, used
as storage space for copra purchased in Sampaloc and
nearby towns before the same is shipped to Makati.
MMC goes to court to challe nge the validity of the
ordinance, demanding the refund of the storage fees it
paid under protest. Is the ordinance valid? Explain your
answer. (2009 BAR)
A: YES. The m unicipality is authorized to im pose
reasonable fees and charges as regulatory measure in an
amount commensurate with the cost of regulation,
inspection, and licensing. (Sec. 147, LGC) In the case at bar,
the storage of copra in any warehouse within the
municipality can be the proper subject of regulation
pursuant t o the police power granted to municipalities
under the Revised Administrative Code or the "general
welfare clause". A warehouse used for keeping or storing
copra is an establishment likely to endanger the public
safety or likely t o give rise to conflagration because the oil
content of the copra, when ignited, is difficult to put under
control by water and the use of chemicals is necessary to
put out the fire. It is, thus, reasonable that the Municipality
imp ose s torage fees for its own surveillance and lookout.
(Procter & Gamble Philippine Manufacturing Corporation v.
Municipality of]agna, Province ofBohol, C.R. No. L-24265, 28
Dec. 1979; UPLC Suggested Answers)
Q: The City of Manila passed an ordinance imposing an
annual tax of P5,000.00 to be paid by an operator of a
massage clinic and an annual fee of P50.00 to be paid by
every attendant or helper in the said clinic. Is the
imposition a tax or a license fee? (1989 BAR)
A: The imposition on the operator of the massage clinic is
BOTH a tax and a license fee. The amount of PS,000.00
exceeds the cost of regulation, administration and control
b ut it is likewise imposed to regulate a non-useful business
in order to protect the health, safety an d morals of the
citizenry in gen eral. The PS0.00 impositions on the helpers
or attendants are license fees s ufficient only for regulation,
administration and control.
10
 QuAMTO ( 1987-2021)
C. SCOPE AND LIMITATIONS OF TAXATION
1. INHERENT AND CONSTITUTIONAL LIMITATIONS OF
TAXATION
INHERENT LIMITATIONS
Q: Enumerate the four (4) inherent limitations on
taxation. Explain each item briefly. (2009 BAR)
A: The inherent limitations on the power to tax are:
1. Taxation is for a public purpose - The proceeds of
the tax must be used: (a) for the support of the
State; or (b) for some recognized objective of the
government or to directly promote the welfare of
the community.
2. Taxation is inherently legislative - Only the
legislature has full discretion as to the persons,
property, occupation or business to be taxed,
provided these are all within the State's territorial
jurisdiction. It can also finally determine the
amount or rate of tax, the kind of tax to be imposed
and the method of collection. (1 Cooley 176184)
3. Taxation is territorial - Taxation may be exercised
only within the territorial jurisdiction of the taxing
authority. (61 Am. fur. 88) Within the territo rial
jurisdiction, the taxing authority may determine
the "place of taxation" or "tax situs."
4. Taxation is subject to international comity- This
is a limitation which is founded on reciprocity
designed to maintain h armonious and productive
relationships among the various states. Under
international comity, a state must recognize the
generally accepted tenets of international law,
among which are the principles of sovereign
equality among states and of their freedom from
suit without their consent, that limit the authority
of a government to effectively impose taxes on a
sovereign state and its instrumentalities, as well as
on its property held, and activities undertaken in
that capacity. (UPLC Suggested Answers)
PUBLIC PURPOSE
(2009, 1991, 1989 BAR)
Q: The Sangguniang Bayan of the Municipality of
Sampaloc, Quezon, passed an ordinance imposing a
storage fee of ten centavos for every 100 kilos of copra
deposited in any bodega within the Municipality's
jurisdiction. The Metropolitan Manufacturing
Corporation (MMC), with principal office in Makati, is
engaged in the manufacture of soap, edible oil,
margarine, and other coconut oil-based products. It has
11
a warehouse in Sampaloc, Quezon, used as storage
space for the copra purchased in Sampaloc and nearby
towns before the same is shipped to Makati. MMC goes
to court to challenge the validity of the ordinance,
demanding the refund of the storage fees it paid under
protest.
Is the ordinance valid? (2009 BAR)
A: YES. The municipality is authorized to imp ose
reasonable fees and charges as a regulatory measure in an
amount commensurate with the cost of regulation,
inspection and licensing (Section 147, LGC). In the case at
bar, the storage of copra in any warehouse within the
municipality can be the proper subject of regulation
pursuant to the police power granted to municipalities
under the Revised Administrative Code or the "general
welfare clause". A warehous e used for keeping or storing
copra is an establishment likely to endanger the public
safety o likely to give rise to conflagration xxx It is, thus,
reasonable t hat the Municipality impose storage fees for its
own surveillance and lookout.
Q: An ordinance of Quezon City on the operation of
market stalls and the collection of market stall fees
created a market committee "to formulate, recommend
and adopt, subject to the ratification of the Sangguniang
Panglungsod, regulations in the operations of the
market stalls." It also entrusted the collection of the
market stall fees to a private corporation. Does the
entrusting of the collection of the market stall fees
destroy the "public purpose" of the ordinance? (1989
BAR)
A: YES, because a portion of the fees collected would be
diverted as fees to private corporation. Entrusting of the
collection of the market stall fees violates the limitation that
local government units shall in no case let to any private
person the collection of local taxes, fees, charges and other
impositions. (Sec. 130(CJ, LGC) As a result of this
prohibition, public funds are therefore utilized for a private
purpose, which is to pay the private corporation for its
services.
INHERENTLY LEGISLATIVE
(2012, 2009, 2003, 1991 BAR)
Q: May Congress, under the 1987 Constitution, abolish
the power to tax oflocal governments? (2003 BAR)
A: NO. The Congress cannot abolish what is expressly
granted by the fundamental law. The only authority
conferred to Congress is to provide the guidelines and
limitations on the local government's exercise of the power
to tax. (Sec. 5, Art. X, 1987 Constitution)
Q: In order to raise revenue for the repair and
maintenance of the newly constructed City Hall of
Makati, the City Mayor ordered the collection of Pl.00,
called "elevator tax", every time a person rides any of
the high-tech elevators in the City Hall during the hours
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
of 8am to 10am, and 4pm to 6pm. Is the imposition of
elevator tax valid? (2003 BAR)
A: NO. The imposition of a tax, fee, or charge, or the
generation of revenue under the LGC, shall be exercised by
the Sanggunian of the LGU concerned through an
appropriate ordinance. (Sec. 132, LGC) The city mayor alone
could not order the coJlection of the tax; as such, the
"elevator tax" is an invalid imposition.
Q: The Municipality of Malolos passed an ordinance
imposing a tax on any sale or transfer of real property
located within the municipality at a rate of¼ of 1 % of
the total consideration of the transaction. "X" sold a
parcel of land in Malolos which he inherited from his
deceased parents and refused to pay the aforesaid tax.
He instead filed an appropriate case asking that the
ordinance be declared null and void since such a tax can
only be collected by the national government, as in fact
he has paid the BIR the required capital gains tax.
The Municipality countered that under the
Constitution, each local government is vested with the
power to create its own sources of revenue and to levy
taxes, and it imposed the subject tax in the exercise of
said Constitutional authority. Resolve the controversy.
(1991 BAR)
A: THE ORDINANCE IS VOID. The LGC only aJlows
provinces and cities to impose a tax on the transfer of
ownership of real property. (Secs. 135 and 151, LGC)
Municipalities are prohibited from imposing said tax that
provinces are specifically authorized to levy.
While it is true that the Constitution has given broad powers
of taxation to LGUs, this delegation, however, is subject to
such limitations as may be provided by Jaw. (Sec. 5, Art X,
1987 Constitution)
____ ,,__
TERRITORIAL
2019, 2016, 2014, 2011, 2009 BAR
Q: XYZ Air, a 100% foreign-owned airline company
based and registered in Netherlands, is engaged in the
international airline business and is a member
signatory of the International Air Transport
Association. Its commercial airplanes neither operate
within the Philippine territory nor are its service
passengers embarking from Philippine airports.
Nevertheless, XVZ Air is able to sell its airplane tickets
in the Philippines through ABC Agency, its general
agent in the Philippines. As XYZ Air's ticket sales, sold
through ABC Agency for the year 2013, amounted to P
5,000,000.00, the BIR assessed XYZ Air deficiency
income taxes on the ground that the income from the
said sales constituted income derived from sources
within the Philippines.
Aggrieved, XYZ Air filed a protest, arguing that, as a
non-resident foreign corporation, it should only be
taxed for income derived from sources within the
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
Philippines. However, since it only serviced passengers
outside the Philippine territory, the situs of the income
from its ticket sales should be considered outside the
Philippines. Hence, no income tax should be imposed
on the same.
Is XYZ Air's protest meritorious? Explain. (2019 BAR)
A: NO. Under t he Jaw, an international air carrier with no
landing rights in the Philippines is a resident foreign
corporation if its local sales agent seJls and issues tickets in
its behalf. An offline international carrier, s elling package
tickets in the Philippines through a local general sales agent,
is considered a resident foreign corporation doing business
in the Philippines. As such, it is taxable on income derived
from sources within the Philippines and n ot on Gross
Philippines Billings subject to any applicable tax treaty. (Air
Canada v. CIR, C.R. No. 169507, 11 Jan. 2016)
In the case at bar, XYZ Air was able to seJI its airplane tickets
in the Philippines through ABC Agency, its general agent in
the Philippines. As such, it is taxable on income derived
from sources within the Philippines and not on Gross
Philippines Billings, subject to any applicable tax treaty.
(UPLC Suggested Answers)
Q: Jennifer is the only daughter of Janina who was a
resident in Los Angeles, California, U.S.A. Janina died in
the U.S. leaving to Jennifer one million shares of Sun Life
(Philippines), Inc., a corporation organized and
existing under the laws of the Republic of the
Philippines. Said shares were held in trust for Janina by
the Corporate Secretary of Sun Life and the latter can
vote the shares and receive dividends for Janina. The
Internal Revenue Service (IRS) of the U.S. taxed the
shares on the ground that Janina was domiciled in the
U.S. at the time of her death. Can the CIR of the
Philippines also tax the same shares? Explain. (2016
BAR)
A: YES. The property being a property located in the
Philippines, it is subject to the Philippine's estate tax
irres pective of the citizenship or residence of the decedent.
(Sec. 85, NIRC) However, if Janina is a non-resident alien at
the time of her death, the tra ns mission of the shares of stock
can only be taxed applying the principle of reciprocity . (Sec.
104, NIRC; UPLC Suggested Answers)
Q: Triple Star, a domestic corporation, entered into a
Management Service Contract with Single Star, a non-
resident foreign corporation with no property in the
Philippines. Under the contract, Single Star shall
provide managerial services for Triple Star's Hongkong
branch. All said services shall be performed in Hong
Kong. Is the compensation for the services of Single Star
taxable as income from sources within the Philippines?
Explain. (2014 BAR)
A: NO. The compensation for services rendered by Single
Star is an income derived from sources without the
Philippines. To be considered as income from within, the
12
 QuAMTO ( 1987-2021)
labor or service must be performed within the Philippines.
(Sec. 42(A)(3) and (C)(3), NIRC) Since all the services
required to be performed by Single Star, a non-resident
foreign corporation, is to be performed in Hongkong, the
entire income is from sources without. (UPLC Suggested
Answers)
INTERNATIONAL COMITY
(2012, 2009, 2000, 1996, 1992 BAR)
Q: In 2011, the Commissioner of the U.S. Internal
Revenue Service (IRS) requested in writing the
Commissioner of Internal Revenue to get the
information from a bank in the Philippines, regarding
the deposits of a U.S. Citizen residing in the Philippines,
who is under examination by the officials of the US IRS,
pursuant to the US-Philippine Tax Treaty and other
existing laws. Should the BIR Commissioner agree to
obtain such information from the bank and provide the
same to the IRS? Explain your answer. (2012 BAR)
A: YES. The Commissioner should agree to the request
pursuant to the principle of international comity. The
Commissioner of the Internal Revenue has the authority to
inquire into bank deposit accounts and related information
held by financial institutions of a specific taxpayer subject
of a request for the supply of tax information from a foreign
tax authority pursuant to an international convention or
agreement to which the Philippines is a signatory or party
of. (Sec 3, R.A. No.10021; UPLC Suggested Answers)
Q: ABCD Corporation (ABCD) is a domestic corporation
with individual and corporate shareholders who are
residents of the United States. For the 2nd quarter of
1983, these U.S.-based individual and corporate
stockholders received cash dividends from the
corporation. The corresponding withholding tax on
dividend income - 30% for individual and 35% for
corporate non-resident stockholders - was deducted
at source and remitted to the BIR.
On May 15, 1984, ABCD filed with the Commissioner of
Internal Revenue a formal claim for refund, alleging
that under the RP-US Tax Treaty, the deduction
withheld at source as tax on dividends earned was fixed
at 25% of said income. Thus, ABCD asserted that it
overpaid the withholding tax due on the cash dividends
given to its non-resident stockholders in the U.S. The
Commissioner denied the claim.
On January 17, 1985, ABCD filed a petition with the
Court of Tax Appeals ( CT A) reiterating its demand for
refund.
Is the contention of ABCD Corporation correct? Why or
why not? (2009 BAR)
A: YES. The provision of a treaty must take precedence over
and above the provisions of the local taxing statute
consonant with the principle of international comity. Tax
treaties are accepted limitations to the power of taxation.
13
Thus, the CTA should apply the treaty provision so that the
claim for refund representing the difference between the
amount actually withheld and paid to the BIR and the
amount due and payable under the treaty should be
granted. [Hawaiian-Philippine Company v. CIR, CTA Case No.
3887, 31 May 1988; UPLC Suggested Answers)
EXEMPTION FROM TAXATION OF GOVERNMENT
ENTITIES
(2016, 2015, 1998 BAR)
Q: Philippine National Railways (PNR) operates the rail
transport of passengers and goods by providing train
stations and freight customer facilities from Tutuban,
Manila to the Bicol Province. As the operator of the
railroad transit, PNR administers the land,
improvements and equipment within the main station
in Tutuban, Manila.
Invoking Sec. 193 of the Local Government Code (LGC)
expressly withdrawing the tax exemption privileges of
government-owned and controlled corporations upon
the effectivity of the Code in 1992, the City Government
of Manila issued Final Notices in the amount of
P624,000,000.00 for the taxable years 2006 to 2010. On
the other hand, PNR, seeking refuge under the principle
that the government cannot tax itself, insisted that the
PNR lands and buildings are owned by the Republic.
Is the PNR exempt from real property tax? Explain your
answer. (2 016 BAR)
A: YES. The properties of PNR are properties of public
dominion owned by the Republic of the Philippines, which
are exempt from real property tax. (Sec. 234, LGC)
In MIAA v. CA (G.R. No. 155650, 20 July 2006), the Supreme
Court held that MIAA is a government instrumentality and
is not a government-owned and controlled corporation,
therefore the real properties owned by MIAA are not
subject to real estate tax, except when MIAA leases its real
property to private parties. In the said case, PNR was cited
as an example of such government instrumentality which is
deemed exempt.
NOTE: The Light Rail Transit Authority (LRTA) is also
exempt as it is a government instrumentality vested with
corporate powers. [LRTA v. Quezon City, G.R. No. 221626, 09
Oct. 2019; UPLC Suggested Answers)
Q: LLL is a government instrumentality created by
Executive Order to be primarily responsible for
integrating and directing all reclamation projects for
the National Government. It was not organized as a
stock or a non-stock corporation, nor was it intended to
operate commercially and compete in the private
market.
By virtue of its mandate, LLL reclaimed several
portions of the foreshore and offshore areas of the
Manila Bay, some of which were within the territorial
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
jurisdiction of Q City. Certificates of title to the
reclaimed properties in Q City were issued in the name
ofLLL in 2008. In 2014, Q City issued Warrants of Levy
on said reclaimed properties of LLL based on the
assessment for delinquent property taxes for the years
2010 to 2013. (2015 BAR)
(a) Are the reclaimed properties registered in the
name of LLL subject to real property tax?
A: NO. The reclaimed properties are not subject to real
property tax because LLL is a government instrumentality.
Under the law, real property owned by the Republic of the
Philippines is exempt from real property tax unless the
beneficial use thereof has been granted to a taxable person.
(Sec. 234, LCC) When the title of the real property is
transferred to LLL, the Republic remains the owner of the
real property. Thus, such arrangement does not result in the
loss of the tax exemption. (Republic of the Philippines,
represented by The Philippine Reclamation Authority v. City
ofParanaque, C.R. No.191109, 18July 2012)
(b) Will your answer be the same in (a) if from
2010 to the present time, LLL is leasing
portions of the reclaimed properties for the
establishment and use of popular fastfood
restaurants JBurgers, G Pizza, and K Chicken?
A: NO. As a rule, properties owned by the Republic of the
Philippines are exempt from real property tax except wh en
beneficial use thereof has been granted, for consideration,
or otherwise, to a taxable person. When LLL leased out
portions of the reclaimed properties to taxable entities,
such as popular fast food restaurants, the reclaimed
properties are subject to real property tax. (See, 234( a), LCC;
CSIS v. City Treasurer, C.R. No. 186242, 23 Dec. 2009; UPLC
Suggested Answers)
CONSTITUTIONAL LIMITATIONS
PROVISIONS DIRECTLY
AFFECTING TAXATION
UNIFORMITY AND EQUALITY OF TAXATION
(20 17, 2014, 2013, 2004, 2003, 2000, 1998 BAR)
Q: Explain the requirement of uniformity as a
limitation in the imposition and/or collection of taxes.
(1998 BAR)
A: Uniformity in the imposition and/or collection of taxes
means that a ll taxable articles, or kinds of property of the
same class shall be taxed at the same rate. The requirement
of uniformity is complied with when the tax operates with
the same force and effect in every place where the subject
of it is found. (Churchill v. Concepcion, C.R. No. 11572, 22
Sept 1916}
Different articles may be taxed at different amounts
provided that the rate is uniform on the same class
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
everywhere with all people at all times. Accordingly,
singling out one particular class for taxation purposes does
not infringe the requirement of uniformity.
Q: An Executive Order was issued pursuant to a law
granting tax and duty incentives only to businesses and
residents within the "secured area" of the Subic
Economic Special Zone, and denying said incentives to
those who live within the Zone but outside such
"secured area". Is the constitutional right of e qual
protection of the law violated by the Executive Order?
Explain. (2000 BAR)
A: NO. Equal protection of the law clause is s ubject to
reasonable classification. Classification, to be valid, must:
(1) rest on substantial distinctions; (2) be germane to the
purpose of the law; (3) n ot be limited to existing conditions
only; and (4) apply equally to all members of the same class.
There are substantial differences between big investors
being enticed to the "secured area" and the business
operators outside in accord with the equal protection clause
that does not require territorial uniformity of laws. The
classification applies equally to all the resident individuals
and businesses within the "secured area". The residents,
being in like circumstances to contributing directly to the
achi evement of the end purpose of the law, are not
categorized further. Instead, they are similarly treated both
in privileges granted and obligations required. (Tiu v. CA,
C.R. No, 127410, 20 Jan. 1999}
Q: RC is a law-abiding citizen who pays his real estate
taxes promptly. Due to a series of typhoons and
adverse economic conditions, an ordinance is passed
by MM City granting a 50% discount for payment of
unpaid real estate taxes for the preceding year and the
condonation ofall penalties on fines resulting from the
late payment.
Arguing that the ordinance rewards delinquent
taxpayers and discriminates against prompt ones, RC
demands that he be refunded an amount equivalent to
one-half of the real taxes he paid. The municipal
attorney rendered an opinion that RC cannot be
reimbursed because the ordinance did not provide for
such reimbursement. RC files suit to declare the
ordinance void on the ground that it is a class
legislation. Will his suit prosper? Explain your answer
briefly. (2004 BAR)
A: NO. The suit will not prosper. The remission or
condonation of taxes due and payable to the exclusion of
taxes already collected does not constitute unfair
discrimination. Each set of taxes is a class by itself, and the
law would be open to a ttack as class legislation only if all
taxpayers belonging to one class were not treated alike.
ljuan Luna Subdivision, In c. v. Sarmiento, C.R. No. L-3538, 28
May 1952)
14
 QuAMTO ( 1987-2021)

Q: A law was passed exempting doctors and lawyers American Tobacco v. Camacho, G.R. No. 163583, 15 Apr.
from the operation of the value-added tax. Other 2009)
professionals complained and filed a suit questioning
the law for being discriminatory and violative of the Uniformity in taxation, like the kindred concept of equal
equal protection clause of the Constitution since protection, merely requires that all subjects or objects of
complainants were not given the same exemption. Is taxation, similarly situated, are to be treated alike both in
the suit meritorious or not? Reason briefly. (2 004 BAR) privileges and liabilities. Uniformity does not forfend
classification as long as: (1) the standards that are us ed
A: YES. The VAT is designed for economic efficiency. Hence, therefor are substantial and not arbitrary; (2) the
should be neutral to those who belong to the same class. categorization is germane to achieve the legislative
Professionals are a class of taxpayers by themselves who, purpose; (3) the law applies, all things being equal, to both
in compliance with the rule of equality of taxation, must be present and future conditions; and (4) the classifica tion
treated alike for tax purposes. Exempting lawyers and applies equally well to all those belonging to the same class.
doctors from a burden to which other professionals are [Rufino R. Tan v. Del Rosario, Jr., G. R. No. 109289, 03 Oct.
subjected will make the law discriminatory and violative of 1994) All of the foregoing requirements of a valid
the equal protection clause of the Constitution. While classification having been met and those wh ich are singled
singling out a class for taxation purposes will not infringe out are a class in themselves, there is no violation of the
upon this constitutional limitation (Shell v. Vano, G.R. No. L- "Equal Protection Clause" of the Constitution. (UPLC
6093, 24 Feb.1954), singling out a taxpayer from a class will Suggested Answers)
no doubt transgress the constitutional limitation. (Ormoc
Sugar Co. Inc. v. Treasurer of Ormoc City, G.R. No. L-23794, PROHIBITION AGAINST TAXATION OF RELIGIOUS,
17 Feb. 1968) Treating doctors and lawyers as a different CHARITABLE ENTITIES, AND EDUCATIONAL ENTITIES
class of professionals will not comply with the (2013, 2006, 200 5, 2000, 1996, 1994, 1993 BAR)
requirements of a reasonable, hence valid classification,
because the classification is not based upon substantial
Q: The Constitution provides "charitable institutions,
distinction which makes real differences. The classification
churches, parsonages or convents appurtenant thereto,
does not comply with the requirement that it should be
mosques, and non-profit cemeteries and all lands,
germane to the purpose of the law either. [Pepsi-Cola
buil dings, and improvements actually, directly and
Bottling Co., Inc. v. City of Butuan, G.R. No. L-22814, 28 Aug.
exclusively used for religious, charitable or educational
1968)
purposes shall be exempt from taxation." This
provision exempts charitable institutions and religious
Q: Heeding the pronouncement of the President that
institutions from what kind of taxes? Choose the best
the worsening traffic condition in the metropolis was a
answer. Explain. (2006 BAR)
sign of economic progress, the Congress enacted R.A.
10701, also known as An Act Imposing a Transport Tax
a. from all kinds of taxes, i.e., income, VAT,
on the Purchase of Private Vehicles.
customs duties, local taxes and real property
tax
Under R.A. 10701, buyers of private vehicles are
required to pay a transport tax equivalent to 5% of the
b. from income tax only
total purchase price per vehicle purchased. R.A. 10701
provides that the Land Transportation Office (L TO)
c. from value-added tax only
shall not accept for registration any new vehicles
without proof of payment of the 5% transport tax. R.A.
d. from real property tax only
10701 further provide that existing owners of private
vehicles shall be required to pay a tax equivalent to 5%
e. from capital gains tax only
of the current fair market value of every vehicle
registered with the LTO. However, R.A. 10701 exempts
A: (D) from real property tax only.
owners of public utility vehicles and the Government
from the coverage of the 5% transport tax.
This exemption applies only to property taxes. What is
exempted is not the institution itself but the lands,
A group of private vehicle owners sue on the ground
buildings, and improvements actually, directly, and
that the law is unconstitutional for contravening the
exclusively used for religious, charitable, and educational
Equal Protection Clause of the Constitution.
purposes. (CIR v. CA and YMCA, G.R. No.124043, 14 Oct.1998;
Bar Q&A by Mamalateo, 2019)
Rule on the constitutionality and validity ofR.A. 10701.
(2017 BAR)
Q: A group of philanthropists organized a non-stock,
non-profit hospital for charitable purposes to provide
A: R.A. 10701 IS VALID AND CONSTITUTIONAL. A levy of
medical services to the poor. The hospital also
tax is not unconstitutional because it is not intrinsically
accepted paying patients although none of its income
equal and uniform in its operation. The uniformity rule does
accrued to any private individual; all income were
not prohibit classification for purposes of taxation. [British
plowed back for the hospital's use and not more than

15 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW

30% of its funds were used for administrative
purposes. Is the hospital subject to tax on its income? If
it is, at what rate? (2013 BAR)
A: YES. Although a non-stock, non-profit hospital organized
for charitable purposes is generally exempt from income
tax, it becomes taxable on income derived from activities
conducted for profit. Services rendered to paying patients
are considered activities conducted for profit which are
subject to income tax, regardless of the disposition of said
income. The hospital is subject to an income tax rate of 10%
of its net income derived from the paying patients
considering that the income earned appears to be derived
solely from hospital-related activities. (CIR v. St. Luke's
Medical Center, Inc., C.R. No. 195909 and 195960, 26 Sept.
2012; UPLC Suggested Answers)
NOTE: Beginning July 1, 2020 up to June 30, 2023, the rate
of one percent (1 %) shall apply to, among others, hospitals
which are non-profit. After June 30, 2023, the rate shall
revert to the preferential corporate income tax rate of 10%.
(RR 3 -2022)
PROHIBITION AGAINST TAXATION OF NON-STOCK,
NON-PROFIT EDUCATIONAL INSTITUTIONS
_ _ _ _ _ _ (2018,
_ _ _2017,
___ ___
2004, __
1996 _ _ _ _ _ _ _,.1~
BAR)
such lease is for commercial purposes, thereby, removing
the asset from the property tax exemption granted under
the Constitution. (CIR vs. De La Salle University, Inc., GR Nos,
196596, 198841, 198941, 09 Nov. 2016; UPLC Suggested
Answers)
(b) Is KKI's income from the rental fees subject to
income tax?
A: YES. Despite falling under the organizations enumerated
under Section 30 of the NIRC, the last paragraph of the
same provision makes KKI's
income of whatever kind and character from any of its
properties, real or personal, or from any of its activities
conducted for profit regardless of the disposition made of
such income, subject to income tax. (Sec. 30, NIRC last
paragraph)
Q: San Juan University is a non-stock, non-profit
educational institution. It owns a piece of land in
Caloocan City on which its three 3-storey school
building stood. Two of the buildings are devoted to
classrooms, laboratories, a canteen, a bookstore, and
administrative offices. The third building is reserved as
dormitory for student athletes who are granted
scholarships for a given academic year.

In 2 017, San Juan University earned income from

Q: Kilusang Krus, Inc. (KKI) is a non-stock, non-profit
tuition fees and from leasing a portion of its premises
religious organization which owns a vast tract of land
to various concessionaires of food, books, and school
inKalinga.
supplies. (2017 BAR)

KKI has devoted 1/2 of the land for various uses: a

(a) Can the City Treasurer of Caloocan City collect
church with a cemetery exclusive for deceased priests
real property taxes on the land and building of
and nuns, a school providing K to 12 education, and a
San Juan University? Explain your answer.
hospital which admits both paying and charity
patients. The remaining 1/2 portion has remained idle.
A: YES. The City Treasurer can collect real property taxes
but on the leased portion. Sec. 4(3), Art. XIV of the 1987
The KKI Board of Trustees decided to lease the
Constitution provides that a non-stock, non-profit
remaining 1/2 portion to a real estate developer which
educational institution s hall be exempt from taxes and
constructed a community mall over the property.
duties only if the same are used actually, directly, and
exclusively for educational purposes. The test of exemption
Since the rental income from the lease of the property
from taxation is the use of the property for purposes
was substantial, the KKI decided to use the amount to
mentioned in the Constitution. The leased portion of the
finance: (1) the medical expenses of the charity
building may be subject to real property tax s ince such
patients in the KKI Hospital; and (2) the purchase of
lease is for commercial purposes, thereby, it removes the
books and other educational materials for the students
asset from the property tax exemption granted under the
o fKKI School. (2018 BAR)
Constitution. (CIR v. De La Salle University, Inc., C.R. No.
196596, 09 Nov. 2016}
(a) Is KKI liable for real property taxes on the
land?
(b) Is the income earned by San Juan University for
the year 2017 subject to income tax? Explain
A: YES, but only on the leased portion. Article VI, Section
your answer.
28(3) of the 1987 Constitution provides that "charitable
institutions, churches and personages or convents
A: NO. The income earned is not subject to income tax
appurtenant thereto, mosques, non-profit cemeteries, and
provided that the revenues are used actually, directly, and
all lands, buildings, and improvements, actually, directly,
exclusively for educational purposes as provided under Sec.
and exclusively used for religious, charitable, or
4(3), Art. XIV of the 1987 Constitution. The requisites for
educational purposes shall be exempt from taxation". The
availing the tax exemption under Sec. 4(3), Art. XIV are as
test of exemption from taxation is the use of the property
follows : (1) the taxpayer fa lls under the classifica tion non-
for purposes mentioned in the Constitution. The leased
st ock, non-profit educational institution; and (2) the
portion of the land may be subject to real property tax since

UNIVERSITY OF SANTO TOMAS 16

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)

income it seeks to be exempted from taxation is used A: YES. Mercy Hospital can claim exemption from taxation
actually, directly and exclusively for educational purposes; under the provision of the Constitution, but only with
thus, so long as the requisites are met, the revenues are respect to real property taxes provided that such real
exempt from tax. (CIR v. De La Salle University, Inc., G.R. Nos. properties are used actually, directly and exclusively for
196596, 198841 and 198941, 09 Nov. 2016; UPLC Suggested charitable purposes.
Answers)
GRANT OF POWER TO THE LGUS TO CREATE ITS OWN
Q: XYZ Colleges is a non-stock, non-profit educational SOURCES OF REVENUE
institution run by the Archdiocese of BP City. It (2019, 2018, 2003 BAR)
collected and received the following:
Q: May Congress, under the 1987 Constitution, abolish
(a) Tuition fees
the power to tax oflocal governments? (2003 BAR)
(b) Dormitory Fees
(c) Rentals from canteen concessionaires
A: NO. The Congress cannot abolish the local government's
(d) Interest from money-market placements of the
power to tax as it cannot abrogate what is expressly
tuition fees
granted by the fundam ental law. The only authority
( e) Donation of a lot and building by school alumni
conferred to Congress is to provide the guidelines and
limitations on the local government's exercise of the power
Which of these above cited income and donation would
to tax.
not be exempt from taxation? Explain briefly. (2004
BAR)
Q: KM Corporation, doing business in the City of
Kalookan, has be en a distributor and retailer of
A: The following are not exempt from taxation, viz:
clothing and household materials. It has been paying
the City of Kalookan local taxes based on Secs. 15 (Tax
(c) xxx. Rental income is considered as unrelated to the
on Wholesalers, Distributors or Dealers) and 17 (Tax
school operations; hence, taxable.
on Retailers) of the Revenue Code of Kalookan City
(Code). Subsequently, the Sangguniang Panglungsod
(d) xxx. The interest on the placement is taxable. (DOF
enacted an ordinance amending the Code by inserting
Order No. 137-87)
Sec. 21 which imposes a tax on "Businesses Subject to
Excise, Value-Added and Percentage Taxes under the
If, however, the said rental income and/or interest are used
NIRC," at the rate of 50% of 1 % per annum on the gross
actually, directly and exclusively for educational purposes
sales and receipts on persons "who sell goods and
as proven by substantial evidence, the same will be exempt
services in the course of trade or business." KM
from taxation. (CIR v. CA, G.R. No.124043, 14 Oct. 1998)
Corporation paid the taxes due under Sec. 21 under
protest, claiming that: (a) local government units could
The other items of income which were all derived from
not impose a tax on businesses already taxed under the
school-related activities will be exempt fro m taxation in the
NIRC; and (b) this would amount to double taxation,
hands of the recipient if used actually, directly and
since its business was already taxed under Secs. 15 and
exclusively for educational purposes. (Sec. 4(3), Art. XIV,
17 of the Code.
1987 Constitution)

May LGUs impose tax on businesses already subjected

The donation to a non-stock, non-profit educational
to tax under the NIRC? (2018 BAR)
institution will be exempt from donor's tax if used actually,
directly and exclusively for educational purposes and
A: YES. Sec. 143 in relation to Sec. 151 of the LGC provides
provided, that, not more than 30% of the donation is used
for the power of cities to impose a local business tax, and
for administration purposes. (Sec. 4 (4), Art. XIV, 1987
one of those which may be subjected to such tax are those
Constitution in relation to Section 101 (A)(3), NIRC)
businesses that are subject to "excise tax, value-added tax
and percentage tax" under the NIRC, other than those
Q: The Constitution exempts from taxation charitable
specifically enumerated by the same provision. The tax
institutions, churches, parsonages or convents
imposed by the city shall not exceed 2% of the gross sales
appurtenant thereto, mosques and non-profit
or gross receipts of the preceding calendar year. (Sec.
cemeteries and lands, buildings and improvements
143(h), in relation to Sec.151, LGC; UPLC Suggested Answers)
actually, directly and exclusively used for religious,
charitable and educational purposes.
Q: In 2018, City X amended its Revenue Code to include
a new provision imposing a tax on every sale of
Mercy Hospital is a 100-bed hospital organized for
merchandise by a wholesaler based on the total selling
charity patients. Can said hospital claim exemption
price of the goods, inclusive of value-added taxes (VAT).
from taxation under the above-quoted constitutional
ABC Corp., a wholesaler operating within the city,
provision? Explain. (1996 BAR)
challenged the new provision based on the following
contentions: (1) The new provision is a form of
prohibited double taxation because it essentially

17 UNIVERSITY OF SANTO TOMAS ~

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 POLITICAL LAW
amounts to City X imposing VAT which was already
being levied by the national government; and (2) since
the tax being imposed is akin to VAT, it is beyond the
power of City X to levy the same.
Rule on ABC Corp.'s second contention. (2019 BAR)
A: ABC CORP. IS INCORRECT. Under the LGC, LGUs are
empowered to enact ordinances that will aid in their
revenue generation, which is in consonance with the
principle of fiscal autonomy of LG Us. Although the tax to be
imposed is akin to VAT, the LGU may nevertheless impose
such local business tax. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
ABC CORP. IS INCORRECT. Under Section 133(i) of the
LGC, cities may not impose percentage or value-added tax
(VAT) on sales, barters or exchanges or similar transactions
on goods or services "except as otherwise provided
herein". As an exception to the said rule, Section 143(b) of
the LGC allows the imposition of taxes on wholesalers,
distributors, or dealers in any article of commerce of
whatever kind or nature for municipalities. Moreover,
Section 151 of the LGC provides that cities may impose
whatever the municipality is imposing. Thus, City X may
levy the said tax.
PROVISIONS INDIRECTLY AFFECTING TAXATION
EQUAL PROTECTION
(2017, 2013, 2010, 2009, 2004, 2000 BAR)
Q: What is the "rational basis" tes t? Explain briefly.
(2010 BAR)
A: The rational basis test is applied to gauge the
constitutionality of an assailed law in the face of a n equal
protection challenge. It has been held that "in areas of social
and economic policy, a s tatutory classification that neither
proceeds along suspect lines nor infringes constitutional
rights must be upheld against equal protection challenge if
there is any reasonably conceivable state of facts that could
provide a rational basis for the classification." Under the
rational basis test, it is sufficient that the legislative
classification is rationally relat ed to achieving some
legitimate State interest. (British American Tobacco v.
Camacho and Parayno, C.R. No. 163583, 15 Apr. 2009; UPLC
Suggested Answers)
Q: Heeding the pronouncement of the President that
the worsening traffic condition in the metropolis was a
sign of economic progress, the Congress enacted R.A.
No. 10701, also known as An Act Imposing a Transport
Tax on the Purchase of Private Vehicles.
Under R.A. No. 10701, buyers of private vehicles are
required to pay a transport tax equivalent to 5% of the
total purchase price per vehicle purchased. R.A. No.
10701 provides that the Land Transportation Office
(LTO) shall not accept for registration of any new
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
vehicles without proof of payment of the 5% transport
tax. R.A. No. 10701 further provide that existing
owners of private vehicles sha ll be required to pay a tax
equivalent to 5% of the current fair market value of
every vehicle registered with the LTO. However, R.A.
No. 10701 exempts owners of public utility vehicles
and the Government from the coverage of the 5%
transport tax.
A group of private vehicle owners sue on the ground
that the law is unconstitutional for contravening the
Equal Protection Clause of the Constitu tion.
Rule on the constitutionality and validity o f R.A. No.
10701. (2017 BAR)
A: IT IS VALID AND CONSTITUTIONAL. A levy of tax is not
unconstitutional because it is not intrinsically equal and
uniform in its operation. The uniformity rule does not
prohibit classifica tion fo r purposes of taxation. (British
American Tobacco v. Camacho, C.R. No. 163583, 20 Aug.
2008)
Uniformity of taxati on, like the kindred concept of equal
protection, merely requires that all subjects or objects of
taxation, similarly situated, are to be treated alike both in
privileges and liabilities . Uniformity does not forfend
classification as long as: (1) the standards that are use
thereof are substantial and not arbitrary, (2) the
categorization is germane to achieve the legislative
purpose, (3) the law applies, all things being equal, to both
present and future conditions, and ( 4) the classification
applies equally well to all those belonging to the same class.
(Tan v. Del Rosario, Jr., C.R. Nos. 109289 and 109446, 03 Oct
1994) All of the foregoing requirement of a valid
classification having been met and those which are singled
out are a class in themselves, there is no violation of the
"Equal Protection Clause" of the Constitution. (UPLC
Suggested Answers)
Q: The City of Manila enacted Ordinance No. 55-66
which imposes a municipal occupation tax on persons
practicing various professions in the city. Among those
subjected to the occupation tax were lawyers. Atty.
Mariano Batas, who has a law office in Manila, pays the
ordinance-imposed occupation tax under protest. He
goes to court to assail the validity of the ordinance for
being discriminatory. Decide with reasons. (2009 BAR)
A: THE ORDINANCE IS VALID. The tax impos ed by the
ordinance is in the nature of a professional tax which is
authorized by law to be imposed by cities. (Sec. 151 in
relation to 139, LCC) The ordinance is not discriminatory
because the City Council has the power to s elect the
subjects of taxation and impose the same tax on those
belonging to the same class. The authority given by law to
cities is to impose a professional tax only on persons
engaged in the practice of their profession requiring
government examination and lawyers are included within
that class of professionals. (UPLC Suggested Answers)
18
 QuAMTO ( 1987-2021)
Q: RC is a law-abiding citizen who pays his real estate
taxes promptly. Due to a series of typhoons and
adverse economic conditions, an ordinance is passed
by MM City granting a 50% discount for payment of
unpaid real estate taxes for the preceding year and the
condonation of all penalties on fines resulting from the
late payment. Arguing that the ordinance rewards
delinquent taxpayers and discriminates against
prompt ones, RC demands that he be refunded an
amount equivalent to ½ of the real taxes he paid. The
municipal attorney rendered an opinion that RC cannot
be reimbursed because the ordinance did not provide
for such reimbursements. RC files suit to declare the
ordinance void on the ground that it is a class
legislation. Will a suit prosper? (2004 BAR)
A: NO. The remission or condonation of taxes due and
payable to the exclusion of taxes already collected does not
constitute unfair discrimination. Each set of taxes is a class
by itself and the law would be open to attack as class
legislation only if all taxpayers belonging to one class were
not treated alike. ljuan Luna Subdivision, Inc., v. Sarmiento,
G.R. L-3538, 28 May 1952)
Q: An E.O. was issued pursuant to law, granting tax and
duty incentives only to businesses and residents within
the "secured area" of the Subic Economic Special Zone,
and denying said incentives to those who live within
the zone but outside such "secured area:" Is the
Constitutional right to equal protection of the law
violated by the Executive Order? (2000 BAR)
A: NO. Equal protection of the law clause is subject to
reasonable classification. Classification, to be valid, must
(1) rest on substantial distinctions; (2) be germane to the
purpose of the law; (3) not be limited to existing conditions
only, (4) apply equally to all members of the same class.
There are substantial differences between big investors
being enticed to the "secured area" and the business
operators outside that are in accord with the equal
protection clause that does not require territorial
uniformity oflaws.
The classificatio n applies equally to all the resident
individuals and businesses within the "secured area." The
r esidents, being in like circumstances to contributing
directly to the achievement of the end purpose of the law,
are not categorized further. Instead, they are similarly
treated, both in privileges granted and obligations
required. (Tiu v. CA, G.R. No. 127410, 20 Jan. 1999)
NON-IMPAIRMENT CLAUSE
(2004, 1997 BAR)
Q: A law was passed granting tax exemption to certain
industries and investments for a period of five years.
But three years later, the law was repealed. With the
repeal, the exemptions were considered revoked by
the BIR, which assessed the investing companies for
unpaid taxes effective on the date of the repeal of the
law.
19
NPC and KTR companies questioned the assessments
on the ground that, having made their investments in
full reliance with the period of exemption granted by
the law, its repeal violated their constitutional right
against the impairment of the obligations and
contracts. Is the contention of the companies tenable
or not? Reason briefly. (2004 BAR)
A: The contention is not tenable. The exemption granted is
in the nature of a unilateral tax exemption. Since the
exemption given is spontaneous on the part of the
legislature and no service or duty or other remunerative
conditions have been imposed on the taxpayers receiving
the exemption, it may be revoked at will by the legislature.
[Manila Railroad Company v. Insular Collector of Customs,
G.R. No. L-30264, 12 Mar. 1929)
Q: X Corporation was the recipient in 1990 of two tax
exemptions both from Congress, one law exempting
the company's bond issues from taxes and the other
exempting the company from taxes in the operation of
its public utilities. The two laws extending the tax
exemptions were revoked by Congress before their
expiry dates. Were the revocations constitutional?
(1997 BAR)
A: YES. The exempting statutes are both granted
unilaterally by Congress in the exercise of taxing powers.
Since taxation is the rule and tax exemption, the exception,
any tax exemptions unilaterally granted can be withdrawn
at the pleasure of the taxing authority without violating the
Constitution. [Ma ctan Cebu International Airport Authority
v. Marcos, G. R. No.120082, 11 Sept. 1996)
2. TERRITORIALITY PRINCIPLE AND SITUS OF
TAXATION
(2019, 2016, 2014, 2009 BAR)
Q: XYZ Air, a 100% foreign-owned airline company
based and registered in Netherlands, is engaged in the
international airline business and is a member
signatory of the International Air Transport
Association. Its commercial airplanes neither operate
within the Philippine territory nor as its service
passengers embarking from Philippine airports.
Nevertheless, XYZ Air is able to sell its airplane tickets
in the Philippines through ABC Agency, its general
agent in the Philippines. As XYZ Air's ticket sales, sold
through ABC Agency for the hear 2013, amounted to
5,000,000.00, the BIR assessed XYZ Air deficiency
income taxes on the ground that the income from the
said sales constituted income derived from sources
within the Philippines.
Aggrieved. XYZ Air filed a protest, arguing that, as a
non-resident foreign corporation, it should only be
taxes for income derived from sources within the
Philippines. However, since it only derived serviced
passengers outside the Philippine territory, the situs of
the income from its ticket sales should be considered
outside the Philippines. Hence, no income tax should be
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
imposed on the same.
Is XYZ Air's protest meritorious? Explain. (2019 BAR)
A: NO. Under the law, an international air carrier with no
landing rights in the Philippines is a resident foreign
corporation if its local sales agent sells and issues tickets in
its behalf. An offline international carrier selling package
tickets in the Philippines through a local general s ales agent,
is considered a resident foreign corporation doing business
in the Philippines. As such, it is taxable on income derived
from sources within the Philippines and not on Gross
Philippines Billings subject to any applicable tax treaty . {Air
Canada v. CIR, C.R. No. 169507, 11]an. 2016)
In the case at bar, XYZ Air was able to sell its airplane tickets
in the Philippines through ABC Agency, its general agent in
the Philippines. As such, it is taxable on income derived
from sources within the Philippines and not on Gross
Philippines Billings, subject to any applicable tax treaty.
{UPLC Suggested Answers)
Q: Jennifer is the only daughter of Janina who was a
resident in Los Angeles, California, U.S.A. Janina died in
the U.S. leaving to Jennifer one million shares of Sun
Life (Philippines), Inc., a corporation organized and
existing under the laws of the Republic of the
Philippines. Said shares were held in trust for Janina
by the Corporate Secretary of Sun Life and the latter
can vote the shares and receive dividends for Janina.
The Internal Revenue Service (IRS) of the U.S. taxed the
shares on the ground that Janina was domiciled in the
U.S. at the time of her death. Can the CIR of the
Philippines also tax the same shares? Explain. (2016
BAR)
A: YES. The property being a property located in the
Philippines, it is subject to the Philippines estate tax
irrespective of the citizenship or residence of the decedent.
{Sec. 85, NIRC} However, if Janina is a non-resident alien at
the time of her death, the transmission of the s hares of
stock can only be taxed applying the principle of
reciprocity. (Sec. 104, NIRC; UPLC Suggested Answers)
Q: Triple Star, a domestic corporation, entered into a
Management Service Contract with Single Star, a non-
resident foreign corporation with no property in the
Philippines. Under the contract, Single Star shall
provide managerial services for Triple Star's
Hongkong branch. All said services shall be performed
in Hong Kong. Is the compensation for the services of
Single Star taxable as income from sources within the
Philippines? Explain. (2014 BAR)
A: NO. The compensation for services rendered by Single
Star is an income derived from sources without the
Philippines. To be considered as income from within, the
labor or service must be performed within the Philippines.
(Sec. 42(A)(3) and (C)(3), NIRC) Since all the services
required to be performed by Single Star, a non-resident
foreign corporation, is to be performed in Hongkong, the
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
entire income is from sources without. (UPLC Suggested
Answers)
Q: Kenya International Airlines (KIA) is a foreign
corporation, organized under the laws of Kenya. It is
not licensed to do business in the Philippines. Its
commercial planes do not operate within Philippine
territory, or service passengers embarking from
Philippine airports. The firm is represented in the
Philippines by its general agent, Philippine Airlines
(PAL), a Philippine corporation.
KIA sells airplane tickets through PAL, and these tickets
are serviced by KIA airplanes ou tside t he P h ilippines.
The total sales of airline tickets transacted by PAL for
KIA in 1997 amounted to P2,968,156.00. The
Commissioner of Internal Revenue assessed KIA
deficiency income taxes at the rate of35% on its taxable
income, finding that KIA's airline ticket sales
constituted income derive d from sources within the
Philippines.
KIA filed a protest o n the ground that the P2,968,156.00
should be considered as income derived exclusively
from sources outside the Philippines since KIA only
serviced passengers outside Philippine territory. Is the
position of KIA tenable? (2009 BAR)
A: NO. KIA's p osition is not tenable. The revenue it derived
in 1997 from sales of airplane tickets in the Philippines,
through its agent PAL, is considered as income from within
the Philippines, subject to the 35% tax based on its taxable
income. The transacting of business in the Philippines
through its local sales agent, makes KIA a resident forei gn
corporation despite the absence of landing rights, thus, it is
taxable on income derived from within. The source of an
income is the property, activity, or service that produce the
income. In the instant case, it is the sale of tickets in the
Philippines which is the activity that produce the income.
KIA's income being derived from within, is subject to
Philippine income tax. (UPLC Suggested Answers)
D. REQUISITES OF A VALID TAX
E. TAX AS DISTINGUISHED FROM OTHER FORMS OF
EXACTIONS
20
 QuAMTO ( 1987-2021)
F. KINDS OF TAXES
Q: Distinguish "direct taxes" from "indirect taxes." Give
examples. (2006 BAR)
A: Direct taxes are demanded from the very person who, as
intended, should pay the tax which he cannot shift to
another; while an indirect tax is demanded in the first
instance from one person with the expectation that he can
shift the burden to someone else, not as a tax, but as part of
the purchase price. [Maceda v. Macaraig, Jr., 223 SCRA 217,
1993) Examples of direct taxes are income tax, estate tax
and donor's tax. Examples of indirect taxes are value-added
tax, percentage tax and excise tax on excisable articles.
G. DOCTRINES IN TAXATION
1. LIFEBLOOD THEORY
(2016, 2015, 2012, 2011, 1991 BAR)
Q: Which statement expresses the lifeblood theory?
(2012 BAR)
A: Taxes are the lifeblood of the government, for without
taxes, the government can neither exist nor endure. A
principal attribute of sovereignty, the exercise of taxing
power derives its sources from the very existence of the
state whose social contract with its citizens obliges it to
promote public interest and common good. The theory
behind the exercise of the power to tax emanates from
necessity; without taxes, government cannot fulfill its
mandate of promoting the general welfare and well-being
of the people. (NPC v. City ofCabana tuan, G.R. No. 149110,
09 Apr. 2003; UPLC Suggested Answers)
Q: Briefly explain the following doctrines: lifeblood
doctrine and necessity theory (2016 BAR)
A: The fo llowing doctrines, explained:
Lifebloo d doctrine - Without revenue raised from taxation,
the government will not survive, resulting in detriment to
society. Without taxes, the government would be paralyzed
for lack of motive power to activate and operate it. (CIR v.
Algue, G.R. No. L-28896, 17 Feb.1988)
Necessity theory - The exercise of the power to tax
emanates from necessity, because without taxes,
government cannot fulfill its mandate of promoting the
general welfare and well-being of the people. (CIR v. BPI,
G.R. No. 134062, 17 Apr. 2007; UPLC Suggested AnswersJ
21
2. CONSTRUCTION AND INTERPRETATION OF TAX
LAWS, RULES, AND REGULATIONS
(2013, 2012, 2007, 2006, 2005, 2000, 1996 BAR)
Q: Why are tax exemptions strictly construed against
the taxpayer? (1996 BAR)
A: Tax exemptions are strictly construed against the
taxpayer because such provisions are highly disfavored
and may almost be said to be odious to the law. [Manila
Electric Company v. Vera, G.R. No. L-29987, 22 Oct. 1975)
The exception contained in the tax statutes must be
strictly construed against the one claiming the exemption
because the law does not look with favor on tax
exemptions, they, being contrary to the life-blood theory
which is the underlying basis for taxes.
Q: Article VII, Section 28(3) of the 1987 Philippine
Constitution provides that charitable institutions,
churches, parsonages or convents appurtenant thereto,
mosques, and non- profit cemeteries and all lands,
buildings, and improvements actually, directly and
exclusively used for religious, charitable or educational
purposes shall be exempt from taxation. Is proof of
actual use necessary for tax exemption purposes under
the Constitution? (2000 BAR)
A: YES, because tax exemptions are strictly construed
against the taxpayer. There must be evidence to show that
the taxpayer has complied with the requirements for
exemption. Furthermore, real property taxation is based on
use and not on ownership; hence, the same rule must also
be applied for real property tax exemptions. [Bar Q&A by
Ma malateo, 2 019)
Q: ABC Corporation is registered as a holding company
and has an office in the City of Makati. It has no actual
business operations. It invested in another company
and its earnings are limited to dividends from this
investment, interests on its bank deposits, and foreign
exchange gains from its foreign currency account. The
City ofMakati assessed ABC Corporation as a contractor
or one that sells services for a fee. Is the City of Makati
correct? (2013 BAR)
A: NO. The corporation cannot be considered as a
contractor, because it does not render services for others
for a fee. Contactor is one whose activity consists essentially
in the sale of all kinds of services for a fee, regardless of
whether or not the performance of the service calls for the
exercise or use of the physical or mental faculties of such
contractor or its employees. To be considered as a
contractor, the corporation must derive income from doing
active business of selling services and not from deriving
purely passive income. Accordingly, a mere holding
company cannot be assessed by the City of Makati as a
contractor. (UPLC Suggested Answers)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Q: In the examination conducted by the revenue
officials against the corporate taxpayer in 2010, the BIR
issued a final assessment notice and demand letter
which states: "It is requested that the above deficiency
tax be paid immediately upon receipt hereof, inclusive
of penalties incident to delinquency. This is our final
decision based on investigation. If you disagree, you
may appeal this final decision within thirty (30) days
from receipt hereof, otherwise said deficiency tax
assessment shall become final, executory and
demandable." The assessment was immediately
appealed by the taxpayer to the Court of Tax Appeals,
without filing its protest against the assessment and
without a denial thereof by the BIR. If you were the
judge, would you deny the petition for review filed by
the taxpayer and consider the case as prematurely
filed? (2012 BAR)
A: NO. The Petition for Review should not be denied. The
case is an exception to the rule on exhaustion of
administrative remedies. The BIR is estopped from claiming
that the filing of the Petition for Review is premature
because the taxpayer failed to exhaust all a dministrative
remedies. The statement of the BIR in its Final Assessment
Notice and Demand Letter led the taxpayer to conclude that
only a final judicial ruling in his favor would be accepted by
the BIR. The taxpayer cannot be blamed for not filing a
protest against the Formal Letter of Demand with
Assessment Notices since the language us ed and the tenor
of the demand letter indicate that it is the final decision of
the respondent on the matter. The CIR should indicate, in a
clear and unequivocal language, whether his action on a
disputed assessment constitutes his final determination
thereon in order for the taxpayer concerned to determine
when his right to appeal to the tax court accrues. Although
there was no direct references for the taxpayer to brim the
matter directly to the CTA, it cannot be deni ed that the word
"appeal" under prevailing tax laws refers to the filing of a
Petition for Review with the CTA. (UPLC Suggested Answers)
Q: An alien employee of the Asian Development Bank
(ADB) who is retiring soon has offered to sell his car to
you which he imported tax-free for his personal use.
The privilege of exemption from tax is granted to
qualifie d personal use under the ADB Charter which is
recognized by the tax authorities. If you decide to
p urchase the car, is the sale subject to tax? Explain.
(2005 BAR)
A: YES. The sale is subject to tax. Section 107(B) of the NIRC
provides that: "In the case of tax-free importation of goods
into the Philippines by persons, entities or agencies exempt
from tax where such goods are subsequently sold,
transferred or exchanged in the Philippines to non-exempt
persons or entities, the purchasers, transferees or
recipients shall be considered the importer thereof, who
shall be liable for any internal revenue tax on such
importation". Tax exemptions are to be construed strictly
and a re not considered transferable in character.
./"·, UNIVERSITY OF SANTO TOMAS
', , 2 0 2 2 GO L D E N N O T E S
3. PROSPECTIVITY OF TAX LAWS
4. IMPRESCRIPTIBILITY OF TAXES
5 . DOUBLE TAXATION
(2019,2018, 2017,2016,2015,2014,2004,1997,
1996 BAR)
Q: Jennifer is the only daughter of Janina who was a
resident in Los Angeles, California, U.S.A. Janina died in
the U.S. leaving to Jennifer one million shares of Sun Life
(Philippines), Inc., a corporation organized and
existing under the laws of the Republic of the
Philippines. Said shares were held in trust for Janina by
the Corporate Secretary of Sun Life and the latter can
vote the shares and receive dividends for Janina. The
Internal Revenue Service (IRS) of the U.S. taxed the
shares on the ground that Janina was domiciled in the
U.S. at the time of her death. Explain the concept of
double taxation. (2016 BAR)
A: Double taxation occurs when the same subject or object
of taxation is taxed twice when it should be taxed but once.
Double taxation is prohibited when it is an imposition of
taxes on the same subject matter, for the same purpose, by
the same taxing auth ority, within the same jurisdiction,
during the same taxing period, with the same kind of
characterofa tax. (84 C].S. 131-132) It is permissible if taxes
are of different nature or character, or the two taxes are
imposed by different taxing authorities. (Villanueva v. City
of Iloilo, C.R. No. l-26521, 28 Dec. 1968; UPLC Suggested
Answers)
Q: Differentiate between double taxation in the strict
sense and in a broad sense give an example of each.
(2015 BAR)
A: Double taxation in the strict sense pertains to the direct
double taxation. This means that the taxpayer is taxed twice
by the same taxing authority, within the same taxing
jurisdiction, for the same property and same purpose. An
example is the imposition of final withholding tax on cash
dividend and requiring the taxpayer to declare this tax-paid
income in his tax returns.
On the other hand, double taxation in the broad sense
pertains to indirect double taxation. This extends to all
cases in which there is a burden of two or more impositions .
It is the double taxation other than those covered by direct
double taxation. (CIR v. Solidbank Corp., C.R. No. 148191, 25,
Nov. 2003) An example is subjecting the interest income of
banks on their deposits with other banks to the 5% Gross
Receipts Tax (G RT) despite of the same income having been
subjected to 20% Final Withholding Tax (FWT). The GRT is
a tax on the privilege of engaging in business, while the FWT
is a tax on the privilege of earning income. (CIR v. Bank of
Commerce, C.R. No. 149636, 08 June 2005; UPLC Suggested
Answers)
22
 QuAMTO ( 1987-2021)
Q: In 2018, City X amended its Revenue Code to include
a new provision imposing a tax on every sale of
merchandise by a wholesaler based on the total selling
price of the goods, inclusive of value-added taxes (VAT).
ABC Corp., a wholesaler operating within the city,
challenged the new provision based on the following
contentions: (1) The new provision is a form of
prohibited double taxation because it essentially
amounts to City X imposing VAT which was already
being levied by the national government; and (2) Since
the tax being imposed is akin to VAT, it is beyond the
power of City X to levy the same.
Rule on ABC Corp.'s first contention. (2019 BAR)
A: ABC CORP. IS INCORRECT. Under the NIRC, direct
double taxation exists only when two taxes are imposed on
the same: (1) subject matter, (2) purpose, (3) by the same
taxing authority, (4) within the same jurisdiction, (5) during
the same taxing period, and (6) the taxes of the same kind
of nature. In this case, the taxing authorities are different.
Hence, the tax imposed by the LGU is not a form of direct
double taxation. (UPLC Suggested Answers)
Q: KM Corporation, doing business in the City of
Kalookan, has been a distributor and retailer of
clothing and household materials. It has been paying
the City of Kalookan local taxes based on Secs. 15 (Tax
on Wholesalers, Distributors or Dealers) and 17 (Tax
on Retailers) of the Revenue Code of Kalookan City
(Code). Subsequently, the Sangguniang Panglungsod
enacted an ordinance amending the Code by inserting
Sec. 21 which imposes a tax on "Businesses Subject to
Excise, Value-Added and Percentage Taxes under the
NIRC," at the rate of 50% of 1 % per annum on the gross
sales and receipts on persons "who sell goods and
services in the course of trade or business." KM
Corporation paid the taxes due under Sec. 21 under
protest, claiming that (a) local government units could
not impose a tax on businesses already taxed under the
NIRC and (b) this would amount to double taxation,
since its business was already taxed under Secs. 15 and
17 of the Code.
Does this amount to double taxation? (2018 BAR)
A: YES. The three taxes are all in the nature oflocal business
t axes on wholesalers, retailers and service providers which
are imposed by the same taxing authority on the same
subject matter for the same tax period; hence, the elements
of double taxation are present. [Nursery Care Corp. v.
Acebedo, G.R. No. 180651, 30 July 2014; UPLC Suggested
Answers)
Q: Upon his retirement, Alfredo transferred his savings
derived from his salary as a marketing assistant to a
time deposit with AAB Bank. The bank regularly
deducted 20% final withholding tax on the interest
income from the time deposit.
Alfredo contends that the 20% final tax on the interest
23
income constituted double taxation because his salary
had been already subjected to withholding tax.
Is Alfredo's contention correct? Explain your answer.
(2017 BAR)
A: NO. Double taxation means taxing for the same tax period
the same thing or activity twice, when it should be taxed but
once, for the same purpose and with the same kind of
character of tax. (CIR vs. Citytrust Investment Phi ls., G.R. Nos.
139786, 140857, 27 Sept. 2006) The 20% final tax is imp osed
on the interest income, while the tax earlier withheld is on
the salary or compensation income. Thus, though both
pertain to income tax, they do not pertain to the same thing
or activity and consequently, no double t axation exists.
(UPLC Suggested Answers)
Q: X, a lessor of a property, pays real estate tax on the
premises, a real estate dealer's tax based on rental
receipts and income tax on the rentals. X claims that
this is double taxation. (1996 BAR)
A: There is no double taxation. Double taxation means
taxing fo r the same tax period the same thing or activity
twice, when it should be taxed but once, by the same taxing
authority for the same purpose and with the same kind or
character of tax. The real estate tax is a tax on property; the
real estate dealer's t ax is a tax on the privilege to engage in
business; while the income tax is a tax on the privilege to
earn an income. These taxes are imposed by different taxing
authorities and are essentially of different kind and
character. ( Villan ueva v. City of /loilo, G.R. No. L-26521, 28
Dec.1968)
6. EXEMPTION FROM TAXATION
(2016, 2004, 1992, 1989 BAR)
Q: The President of the Philippines and the Prime
Minister of Japan entered into an executive agreement
in respect ofa loan facility to the Philippines from Japan
whereby it was stipulated that interest on loans
granted by private Japanese financial institutions to
private financial Institutions in the Philippines shall
not be subject to Philippine income taxes. (1992 BAR)
Is this tax exemption valid? Explain.
A: YES. The tax exemption is valid because an executive
agreement has the force and effect of a treaty under the
provision of the Revenue Code. Taxation is subject to
International Comity.
Q: Pursuantto Sec.11 of the "Host Agreement" between
the United Nations and the Philippine government, it
was provided that the World Health Organization
(WHO), "its assets, income and other properties shall
be: (a) exempt from all direct and indirect taxes."
Precision Construction Corporation (PCC) was hired to
construct the WHO Medical Center in Manila. Upon
completion of the building, the BIR assessed a 12% VAT
on the gross receipts of PCC derived from the
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
construction of the WHO building. The BIR contends
that the 12% VAT is not a direct nor an indirect tax on
the WHO but a tax that is primarily due from the
contractor and is therefore not covered by the Host
Agreement. The WHO argues that the VAT is deemed an
indirect tax as PCC can shift the tax burden to it. Is the
BIR correct? Explain. (2016 BAR)
A: NO. Since the WHO, the contractee, is exempt from
exempt from direct and indirect taxes pursuant to an
international agreement where the Philippines is a
signatory, the exemption from direct taxes should mean
that the entity or person exempt is the contractor itself
because the manifest intention of the government is to
exempt the contactor so that no tax may be shifted to the
contractee. (CIR v. John Cotamco & Sons, Inc., C.R. No. L-
31092, 27 Feb. 1987) The immunity of WHO from indirect
taxes extends to the contractor by treating the sale of
service as effectively zero-rated when the law provided that
- "services rendered to persons or entities whose
exemption under special laws or international agreements
to which the Philippines is a signatory effectively subjects
the supply to such service to zero percent rate". (Sec.
108(B)(3), NIRC) Accordingly, the BIR is wrong in assessing
the 12% VAT from the contractor PCC. (UPLC Suggested
Answers)
7. ESCAPE FROM TAXATION
(2016, 2014, 2008, 2005, 2000, 1996, 1989 BAR)
Q: Distinguish tax evasion from tax avoidance. (1996
BAR)
A: Tax evasion is a scheme used outside of those lawful
means to escape tax liability and, when availed of, it usually
subjects the taxpayer to further or additional civil or
criminal liabilities. Tax avoidance, on the other hand, is a tax
saving device within the m eans sanctioned by law, hence
legal.
Q: Choose the correct answer.
Tax avoidance -
(A) is a sche me used outside of those lawful means
and, w hen availed of, it usually subjects the
taxpayer to further or additional civil or
criminal liabilities.
(B) is a tax saving device within the means
sanctioned by law.
(C) is employed by a corporation, the organization
of which is prompted more on the mitigation of
tax liabilities than for legitimate business
purpose.
(D) is any form of tax deduction scheme, regardless
if the same is legal or not. (2014 BAR)
A: (B) is a tax saving device within the means sanctioned by
law. (Philip Manufacturing Corp. v. CIR, C.R. No. L-19737, 26
Aug. 1968; UPLC Suggested Answers)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
Q: Lucky V Corporation (Lucky) owns a 10-storey
building in a 2,000 square meter lot in the City of
Makati. It sold the lot and building to Rainier for P80M.
One month after, Rainier sold the lot and building to
Healthy Smoke Company (HSC) for P200M. Lucky filed
its annual tax return and declared its gain from the sale
of the lot and building in the amount of P750,000.
An investigation conducted by the BIR revealed that
two months prior to the sale of the properties to
Rainier, Lucky received P40M from HSC and not from
Rainier. Said amount of P40M was debited by HSC and
reflected in its trial balance as "other inv. - Lucky Bldg."
The month after, another P40M w as reflected in HSC's
trial balance as "other inv. - Lucky Bldg." The BIR
concluded that there is tax evasion since the real buyer
of the properties of Lucky is HSC and not Rainier. It
issued an assessment for deficiency income tax in the
amount of P79M against Lucky. Lucky argues that it
resorted to tax avoidance o r a tax saving device, which
is allowed by the NIRC and BIR Rules since it paid the
correct taxes based on its sale to Rainier. On the other
hand, Rainier and HSC also paid the prescribed taxes
arising from the sale by Rainier to HSC. Is the BIR
correct in assessing taxes on Lucky? Explain. (2016
BAR)
Q: YES. The sale of the property of Lucky to Rainier and
consequently the sale by Rainier to HSC being prompted
more on the mitigation of tax liabilities than for legitimate
business purposes, therefore, constitutes tax evasion. The
real buyer from Lucky is HSC as evidenced by the direct
receipt of payments by the former from the latter where the
latter recorded "other inv. - Lucky Bldg." The scheme of
resorting to a two-step transaction in selling the property
to the ultimate buyer in order to escape paying higher taxes
is considered as outside of those lawful means allowed in
mitigating tax liabilities which makes Lucky criminally and
civilly liable. Hence, the BIR is correct in assessing taxes on
Lucky. (CIR v. Th e Estate ofBenigno Toda fr., C.R. No.1471 88,
14 Sept. 2004; UPLC Suggested Answers)
Q: Maria Suerte, a Filipino citizen, purchased a lot in
Makati City in 1980 at a price of Pl million. Said
property has been leased to MAS Corporation, a
domestic corporation engaged in manufacturing paper
products, owned 99% by Maria Suerte. In October
2007, EIP Corporation, a real estate developer,
expressed its desire to buy the Makati property at its
fair market value of P300 million, payable as follows:
(a) P60 million down payment; and (b) balance,
payable equally in twenty-four (24) monthly
consecutive installments. Upon the advice of a tax
lawyer, Maria Suerte exchanged her Makati property
for shares of stock of MAS Corporation. A BIR ruling,
confirming the tax-free exchange of property for
shares of stock, was secured from the BIR National
Office and a Certificate Authorizing Registration was
issued by the Revenue District Officer (RDO) where the
property was located. Subsequently, she sold her
entire stockholdings in MAS Corporation to EIP
24
 QuAMTO ( 1987-2021)

Corporation for P300 million. In view of the tax advice,
Maria Suerte paid only the capital gains tax of
P29,895,000 {P100,000 x 5% plus P298,900,000 x
10%), instead of the corporate income tax of
P104,650,000 (35% on P299 million gain from sale of
real property). After evaluating the capital gains tax
payment, the RDO wrote a letter to Maria Suerte,
stating that she committed tax evasion.
Is the contention of the RDO tenable? Or was it tax
avoidance that Maria Suerte had resorted to? Explain.
(2008 BAR)
A: THE CONTENTION OF THE RDO IS NOT TENABLE.
Maria Sue rte resorted to tax avoidance and not tax evasion.
Tax avoidance is the use of legal means to reduce tax
liability and it is the legal right of a taxpayer to decrease the
amount of what otherwise would be his taxes by means
which the law permits. [Heng Tong Textiles Co., Inc. v.
Commissioner, G.R. No. L-19737, 26 Aug. 1968) There is
nothing illegal about transferring first the property to a
corporation in a tax-free exchange and later selling the
shares obtained in the exchange at a lower tax than what
could have been imposed if the property was sold directly.
not creditors and debtors of each other, debts are due to
the government in its corporate capacity, while taxes are
due to the government in its sovereign capacity. (South
African Airways v. CIR, G.R. No.180356, 16 Feb. 2010)
Q: The doctrine of equitable recoupment allows a
taxpayer whose claim for refund has prescribed to
offset tax liabilities with his claim of overpayment. True
or False. (2009 BAR)
A: TRUE. The doctrine arose from common law allowing
offsetting of a prescribed claim for refu nd against a tax
liability arising from the same transactio n on which an
overpayment is made and underp ayment is due. The
doctrine finds no application to cases where the taxes
involved are totally unrelated, an although it seems
equitable, it is not allowed in our jurisdiction. (CIR v. UST,
G.R. No. L-11274, 28 Nov. 1958; UPLC Suggested Answers)

8. EQUITABLE RECOUPMENT

9. PROHIBITION ON COMPENSATION
AND SET OFF
(2009, 2005, 2001, 1996, 1992, 1990 BAR)

Q: May taxes be the subject of set-off or compensation?

Explain. (2005 BAR)

A: NO. Taxes cannot be the subject of set-off or

compensation for the following reasons: (1) taxes are of
distinct kind, essence and natu re, and these impositions
cannot be classed in merely the same category as ordinary
obligations; (2) the applicable laws and principles
governing each are peculiar, not necessarily common, to
each; and (3) public policy is better subserved if the
integrity and independence of taxes are maintained.
[Republic v. Ma m bulao Lumber Company, G.R. No. L-17725,
28 Feb. 1962)

However, if the obligation to pay taxes and the taxpayer's

claim against the government are both overdue,
demandable, as well as fully liquidated, compensation
takes place by operation of law and both obligations are
extinguished to their concurrent amounts. [Domingo v.
Garlitos, G.R. No. L-18994, 29 June 1963)

Q: Can an assessment for a local tax be the subject of

set-off or compensation against a final judgment for a
sum of money obtained by a taxpayer against the local
government that made the assessment? (2005 BAR)

A: NO. Taxes and debts are of different nature and

character. Taxes cannot be subject to compensation for the
simple reason that the government and the taxpayers are

25 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
III. LEGISLATIVE DEPARTMENT
A. LEGISLATIVE POWER
1. SCOPE AND LIMITATIONS
(2010, 2009 BAR)
Q: Congresswoman A is a co-owner of an industrial
estate in Sta. Rosa, Laguna which she had declared in
her Statement of Assets and Liabilities. A member of her
political party authored a bill which would provide a 5-
yeal development plan for all industrial estates in the
Southern Tagalog Region to attract investors. The plan
included an appropriation of 2 billion pesos for
construction of roads around the estates. When the bill
finally became law, a civil society watchdog questioned
the constitutionality of the law as it obviously
benefitted Congresswoman A's industrial estate.
Decide' with reasons. (2010 BAR)
A: The law is constitutional. Sec. 12, Art. VI of the
Constitution does not prohibit the enactment of a law which
will benefit the business interests of a member of the Senate
or the House of Representatives. It only requires that if the
member of Congress whose business interests will be
benefited by the law is the one who will file the bill, he
should notify the House concerned of the potential conflict
of interest.
Q: Congressman Nonoy delivered a privilege speech
charging the Intercontinental Universal Bank (IUB)
with the sale of unregistered foreign securities, in
violation of R.A. 8799. He then filed, a nd the House of
Representative unanimously approved, a Resolution
directing the House Committee on Good Government
(HCGG) to conduct a n inquiry on the matter, in aid of
legislation, in order to prevent the recurrence of any
similar fraudulent activity.
The HCGG immediately scheduled a hearing and invited
t he responsible officials of IUB, the Chairman and
Comm issioners of the Securities and Exchange
Commission (SEC), and the Governor of the Bangko
Sentral ng Pilipinas (BSP). On the date set for the
hearing, only the SEC Commissioners appeared,
prompting Congressman Nonoy to move for the
issuance of the appropriate subpoena ad testificandum
to compel the attendance of the invited resource
persons.
The IUB officials filed a suit to prohibit HCGG from
proceeding with the inquiry and to quash the subpoena,
raising the following arguments:
The subject of the legislative investigation is also the
subject of criminal and civil actions pending before the
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
courts and the prosecutor's office; thus, the legislative
inquiry would preempt judicial action. (2009 BAR)
A: The argument is not tenable; since this is an essential
component of legislative power, it cannot be made
subordinate to criminal and civil actions. Otherwise, it
would be very easy to subvert any investigation in aid of
legislation through the convenient ploy of instituting
criminal and civil action. (Standard Chartered Bank
[Philippine Branch] v. Senate Committee on Banks, Financial
Institutions and Currencies, C.R. No. 167173, 2 7 Dec. 2007)
2. PRINCIPLE OF NON-DELEGABILITY; EXCEPTIONS
(2019, 2017, 2009, 2008, 1996 BAR)
Q: Under the 1987 Constitution, to whom does each
duty/ power/ privilege / prohibition/ disqualification
apply: (2019 BAR)
(a) The p ower to allow small-scale utilization of
natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to
subsistence fishermen and fish workers in
rivers, lakes, bays, and lagoons.
A: The Congress, by virtue of a special law . The State shall
protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino
citizens. (Sec. 2(3), Art. XII, 1987 Constitution)
(b) The sole power to declare the existence of state
of war.
A: The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately. (Sec.23(1), Art.
VI, 1987 Constitution)
Q: The Congress establishes by law Philippine Funds,
Inc., a private corporation, to receive foreign donations
coming from abroad during national and local
calamities and disasters, and to enable the
unhampered and speedy disbursements of the
donations through the mere action of its Board of
Directors. Thereby, delays in the release of the donated
funds occasioned by the stringent rules of procurement
would be avoided. Also, the releases would not come
under the jurisdiction of the Commission on Audit
(COA). (2017 BAR)
(a) Is the law establishing Philippine Funds, Inc.
constitutional? Explain your answer.
A: The establis hment of Philippine Funds, Inc. is valid. It was
created to enable the speedy disbursements of donations
for calamities and disasters, public purpose is no longer
restricted to traditional government functions. (Petitioner-
Organization v. Executive Secretary, C.R. Nos, 147036-37 &
147811, 10 Apr. 2012)
26
 QuAMTO ( 1987-2021)
(b) Can the Congress pass the law that would
exempt the foreign grants from the jurisdiction
of the COA? Explain your answer.
A: Congress cannot exempt the foreign grants from the
jurisdiction of the Commission on Audit. Its jurisdiction
extends to all government-owned or controlled
corporations, including those funded by donations through
the Government. (Sec. 3, Art IX-D, Sec. 3 of the 1987
Philippine Constitution; and Petitioner Corporation v.
Executive Secretary, G.R. Nos. 147036-37 & 147811,10 Apr.
2012)
Q: True or False. A law making "Bayan Ko" the new
anthem of the Philippines, in lieu of "Lupang Hinirang,"
is constitutional. (2009 BAR)
A: TRUE. Congress may by law adopt a new national
anthem, but it shall take effect only upon ratification by the
people in a national referendum. (Sec. 2, Art. XVI, 1987
Constitution)
Q: Are the following bills filed in Congress
constitutional? (1996 BAR)
(a) A bill originating from the Senate, which
provides for the creation of the Public Utility
Commission to regulate public service
companies and appropriating the initial funds
needed to establish the same. Explain.
A: YES. It is not an appropriation bill, because the
appropriation of public funds is not the principal purpose of
the bill. A law is not an appropriate measure if the
appropriation of public funds is not its principal purpose,
and the appropriation is only incidental to some other
objective. (Association of Sm all Landowners of the
Philippines, Inc. v. Secretary of Agrarian Reform, G.R. No.
78742, 14July 1989)
(b) A bill creating a joint legislative- executive
commission to give, on behalf of the Senate, its
advice, consent and concurrence to treaties
entered into by the President. The bill contains
the guidelines to be followed by the
commission in the discharge of its functions.
Explain.
A: NO. The Senate cannot delegate this function to such a
commission, because under Sec. 21, Art. VII of the
Constitution, the concurrence of at least two-thirds of the
Senate itself is required for the ratification of treaties. (UPLC
Suggested Answers)
LIMITATIONS ON LEGISLATIVE POWER
Q: Congress enacted a law exempting certain
government institutions providing social services from
the payment of court fees. Atty Kristopher Timoteo
challenged the constitutionality of the said law on the
ground that only the Supreme Court has the power to
27
fix and exempt said entities from the payment of court
fees.
Congress, on the other hand, argues that the law is
constitutional as it has the power to enact said law for
it was through legislative fiat that the Judiciary
Development Fund (JDF) and the Special Allowance for
Judges and Justices (SAJJ), the funding of which are
sourced from the fees collected by the courts, were
created. Thus, Congress further argues that if it can
enact a law utilizing court fees to fund the JDF and SAJJ,
a fortiori it can enact a law exempting the payment of
court fees.
Discuss the constitutionality of the said law, taking into
account the arguments of both parties? (2 014 BAR)
A: The law is unconstitutional. The Constitution has taken
away the power of Congress to repeal, alter or supplement
the Rules of Court. The fiscal autonomy of the Judiciary
guaranteed by Sectio n 3, Article VIII of the Constitution
recognized the authority of the Supreme Court to levy,
assess, and collect fees. Congress cannot amend the rules
promulgated by the Supreme Court for the payment of legal
fees by granting exemptions. [In re Petition for Recognition
of Exemption of the Government Service Insurance System
fro m PaymentoJLega; Fees, A.M. No. 08-2-01-0, 11 Feb. 2010,
612 SCRA 193; In re Exemption of National Power
Corporation fro m Paym ent of Filing/ Docket Fees, A.M. No.
05-10-20-SC, 10 March, 2010, 615 SCRA 1; In re Exemption
from Payment of Court and Sheriffs Fees of Duly Registered
Coopera tives. A.M. No. 12-2-03-0, 13 Mar. 2012)
Q: In 1963, congress passed a law creating a
government-owned corporation named Manila War
Memorial Commission (MWMC), with the primary
function of overseeing the construction of a massive
memorial in the heart of Manila to commemorate
victim ofthe 1945 Battle of Manila. The MWMC charter
provided an initial appropriation of Pl,000,000,
empowered the corporation to raise funds in its own
name, and set aside a parcel of land in Malate for the
memorial site. The charter set the corporate life of
MWMC at 50 years with a proviso that Congress may not
abolish MWMC until after the completion of the
memorial. Forty-five ( 45) years later, the memorial was
only 1/3 complete and the memorial site itself had long
been overrun by squatters. Congress enacted a law
abolishing the MWMC and requiring that the funds
raised by it be remitted to the National Treasury. The
MWMC challenged the validity of the law, arguing that
under its charter its mandate is to complete the
memorial no matter how long it takes. Decide with
reason. (2008 BAR)
A: The contention of MWMC is untenable. An implied
limitation on legislative power is the prohibition against the
passage of irrepealable laws. Such laws deprive succeeding
legislatures of the authority to craft laws appropriate to the
milieu. (City of Davao v. Regional Trial Court G.R. No.127383,
18 Aug. 2005)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
B. HOUSES OF CONGRESS; COMPOSITIONS AND
QUALIFICATIONS
1. SENATE
Q: A candidate for Senator must be at least 35 years old
on (2011 BAR)
A. the day he is duly proclaimed.
B. the day the election is held.
C. the day he files his certificate of candidacy.
D. the day he takes his oath of office.
A: B. the day the electi on is held. (UPL C Suggested Answers)
2. HOUSE OF REPRESENTATIVES
(2019, 2014, 1999 BAR)
Q: Candidate X, a naturalized Filipino citizen, ran for
Congressman for the Lone District of Batanes. After a
close electoral contest, he won by a slim margin of 500
votes. His sole opponent, Y, filed an election protest
before the Commission on Election (COMELEC),
claiming that X should be disqualified to run for said
position because he is not a natural-born citizen. While
the case was pending, X was proclaimed by the
Provincial Elec tion Supervisor of Batanes as the duly
elected Congressman of the province.
Is X qualified to run for Co ngress? Explain. (2019 BAR)
A: NO, X is not qualified to run for Congress. The
Constitution prescribes that no person shall be a Member of
the House of Representatives unless he is a natural-born
citizen of the Philippines . (Sec. 6, Art. VI, 1987 Constitution)
In this case, X is a nat ur alized citizen an d is thus n ot
qualified to run for Congr ess.
Q: With the passage of time, the members of the House
of Representatives increased with the creation of new
legislative districts and the corresponding adjustments
in the number of partylist representatives. At a time
when the House membership w as already 290, a great
number o f the members decided that it was time to
propo se amendments to the Constitution. The Senators,
however, w ere cool to the idea. But the members of the
House insisted. They accordingly convened Congress
into a constituent assembly in spite of the opposition of
the majority of the members of the Senate. When the
votes were counted, 275 members of the House of
Repres entatives approved the proposed amendments.
Only 10 Senators supported s uch proposals . The
proponents now claim that the proposals were validly
made, since more than the required three-fourths vote
of Congres s has been obtained. The 14 Senators who
voted against the proposals claim that the proposals
needed not three-fourths vote of the entire Congress
but each house. Since the required number of votes in
the Senate was not obtained, then there could be no
UNIV ER SITY O F S A NTO TO MA S
20 2 2 GOLD E N NOT ES
valid proposals, so argued the Senators. Were the
proposals validly adopted by Congress? (2014 BAR)
A: The proposal was n ot validly adopted, becaus e th e ten
(10) Senators who voted in favor of the proposed
amen dments constituted less than three-fourths of all the
Members of th e Senate. Although Sec. 1, Art. XVII of the
Constitution did not expressly provide that the Senate a nd
th e Hous e of Representatives m ust vote separately, when
th e Legislature cons ist of two (2) houses, the determination
of one h ous e is to be submitted to the separate
determina tion of the other house. (Miller v. Mardo, C.R. No.
L-15138, 31 July 1961)
Q: Victor Ahmad was born on De cember 16, 1972 of a
Filipino mother and an alien father. Under the law of his
father's country, his mother did not acquire his father's
citizenship.
Victor consults you on De cember 21, 1993 and informs
you of his intention to run for Congress in the 1995
elections. Is he qualified to run? What advice would you
give him?Would your answer be the same ifhe had seen
and consulted you on December 16, 1991 and informed
you of his desire to run for Congres s in the 1992
elections? Discuss your answer. (1999 BAR)
A: NO, Victor Ahmad is not qualifie d to r un for Congress in
the 1995 elections. Un der Section 6, Article VI of the
Constitution, a mem ber of th e Hous e of Representatives
m ust be at leas t twenty-five (25) years of age on the day of
th e election. Since h e will be less than twenty-five (2 5)
years of age in 199 5, Victor Ahmad is not qualified to r un.
Under Sec. 2, Art. IV of the Constitution, to be deemed a
natural-born citizen, Victor Ahmad must elect Philippine
citizenship upon r eaching the age of majority. I shall a dvise
him to elect Philippine citizenship, if he has not yet done so,
and to wait until the 1998 elections. My answer will be the
sa me if he consulted me in 1991 a nd informed me of his
des ire to run in the 1992 elections.
ALTERNATIVE ANSWER: Under Section 2, Article IV of the
Cons titution, Victor Ahmad m ust have elected Philippine
citizenship upon r eaching the age of majority to be
considered a natural born citizen and qualified to run for
Congress. Republic Act No. 6809 reduced th e majority age
to eighteen (18) years. Cuenca v. Secretary of]ustice (C.R. No.
L-18069, 26 May 1962) recognized three (3) y ears from
r eaching the age of maj ority as th e reasonable p eriod for
electing Philippine citizenship. Since Republic Act No. 6809
took effect in 1989 and ther e is no showing that Victor
Ahmad elected Philippine citizenship within three (3) y ears
from the time he reached the age of majority on December
16, 199C, he is not qualified to run for Congress.
If he consulted me on December 16, 1991, I would inform
him that h e should elect Philippine citizenship so that he
can be considered a natural born citizen.
28
 QuAMTO ( 1987-2021)
a. DISTRICT REPRESENTATIVES AND QUESTIONS OF
APPORTIONMENT
(2015, 2014 BAR)
Q: On August 15, 2015, Congresswoman Dina Tatalo
filed and sponsored House Bill No. 5432, entitled "An
Act Providing for the Apportionment of the Lone
District of the City of Pangarap." The bill eventually
became a law, R.A. No. 1234. It mandated that the lone
legislative district of the City of Pangarap would now
consist of two (2) districts. For the 2016 elections, the
voters of the City of Pangarap would be classified as
belonging to either the first or second district,
depending on their place ofresidence. The constituents
of each district would elect their own representative to
Congress as well as eight (8) members of the
Sangguniang Panglungsod. R.A. No. 1234 apportioned
the City's barangays. The COMELEC thereafter
promulgated Resolution No. 2170 implementing R.A.
No. 1234. Piolo Cruz assails the COMELEC Resolution as
unconstitutional. According to him, R.A. No. 1234
cannot be implemented without conducting a plebiscite
because the apportionment under the law falls within
the meaning of creation, division, merger, abolition or
substantial alteration of boundaries of cities under
Section 10, Article X of the 1987 Constitution. Is the
claim correct? Explain. (2015 BAR)
A: The claim is erroneous. The constitution does not require
a plebiscite for the creation of a new legislative district by a
legislative reapportionment. It is required only for the
creation of new local government units [Bagabuyo v.
COMELEC, G.R. No. 176970, 08 Dec. 2008)
Gerrymandering refers to the practice of: (2 014 BAR)
A. creating or dividing congressional districts in a
manner intended to favor a particular party or
candidate. truancy as applied to Members of
Congress (C) loafing among members of
Congress
B. coming up with guessing game when it comes to
legislation
C. commandeering large chunks of the budget for
favored congressional districts
A: A. Creating or dividing congressional districts in a
manner intended to favor a particular party or candidate
b. PARTY-LIST SYSTEM
(2015, 2014, 2009, 2007 BAR)
Q: The Partido ng Mapagkakatiwalaang Pilipino (PMP)
is a major political party which has participated in
every election since the enactment of the 1987
Constitution. It has fielded candidates mostly for
legislative district elections. In fact, a number of its
members were elected, and are actually serving, in the
House of Representatives. In the coming 2016
elections, the PMP leadership intends to join the party-
list system. Can PMP join the party- list system without
29
violating the Constitution and Republic Act (R.A.) No.
7941? (2015 BAR)
A: YES. As for political parties, they may participate in the
party-list race by registering under the party-list system
and no longer field congressional candidates. These parties,
if they field congressional candidates, however, are not
barred from participating in the party-list elections; what
they need to do is register their sectoral wing or party under
the party-list system.
Q: Greenpeas is an ideology-based political party
fighting for environmental causes. It decided to
participate under the party-list system. When the
election results came in, it only obtained 1.99 percent
of the votes cast under the party-list system. Bluebean,
a political observer, claimed that Greenpeas is not
entitled to any seat since it failed to obtain at least 2%
of the votes. Moreover, since it does not represent any
of the marginalized and underrepresented sectors of
society, Greenpeas is not entitled to participate under
the party-list system. How valid are the observations of
Bluebean? (2014 BAR)
A: The claim of Bluebean that Greenpeas is not entitled to a
seal under the party-list-system because it obtained only
1.99 percent of the votes cast under the party-list-system is
not correct. The p rovision in Sec. 5(2) Art. VI of the
Constitution provides that the party-list representatives
shall constitute twenty percent (20%) of the total number
of the members of the House of Representatives is
mandatory, after the parties receiving at least two percent
(2%) of the total votes case for the party-list system have
been allocated one seat, the remaining seats should be
allocated among the parties by the proportional percentage
of the votes received by each party as against the total
party-list votes [Barangay Association for National
Advancement and Transparency v. COMELEC, G.R. No.
179271, 21 Apr. 2009)
The claim of Bluebean that Greenpeas is not entitled to
participate in the party-list elections because it does not
represent any marginalized and underrepresented sectors
of society is not correct. It is enough that its principal
advocacy pertains to the special interest of its sector (A tong
Panglaum, Inc. v. COMELEC, G.R. No. 203766, 02 Apr. 2013)
This sectoral wing shall be considered an independent
sectoral party linked to a political party through a coalition.
(Atong Panglaum, Inc. v. COMELEC, G.R. No. 203766, 02 Apr.
2013)
Q: Rudy Domingo, 38 years old, natural-born Filipino
and a resident of the Philippines since birth, is a Manila-
based entrepreneur who runs KABAKA, a coalition of
peoples' organizations from fisherfolk communities.
KABAKA's operations consist of empowering fisherfolk
leaders through livelihood projects and trainings on
good governance. The Dutch Foundation for Global
Initiatives, a private organization registered in The
Netherlands, receives a huge subsidy from the Dutch
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Foreign Ministry, which, in tum is allocated worldwide
to the Foundation's partners like KABAKA. Rudy seeks
to register KABAKA as a party-list with himself as a
nominee of the coalition'. Will KABAKA and Rudy be
qualified as a party-list and a nominee, respectively?
Decide with reasons. (2009 BAR)
A: KABAKA and Ruby are not qualified as a party list and as
nominee, respectively, since KABAKA is receiving a subsidy
from the Dutch Foreign Ministry. Under Sec. 2(5), Art. IX-C
of the Constitution, a political party which is supported by
any foreign government cannot be registered with the
Commission on Elections. (UPLC Suggested Answers)
Q: The Supreme Court has provided a formula for
allocating seats for party-list representatives.
a. The twenty percent allocation - the combined
number of all party-list congressmen shall not
exceed twenty percent of the total membership
of the House of Representatives, including
those elected under the party list;
b. The two percent threshold - only those parties
garnering a minimum of two percent of the
total valid votes cast for the party-list system
are "qualified" to have a seat in the House of
Representatives;
c. The three-seat limit - each qualified party,
regardless of the number of votes it actually
obtained, is entitled to a maximum of three
seats; that is, one 'qualifying' and two
additional seats;
d. The first-party rule - additional seats which a
qualified party is entitled to shall be
determined in relation to the total number of
votes garnered by the party with the highest
number of votes.
For each of these rules, state the constitutional or legal
basis, if any, and the purpose. (2007 BAR)
(a) The twenty percent allocation - the combined
number of all party-list congressmen shall not
exceed twenty percent of the total membership
of the House of Representatives, including
those elected under the party list.
A: The party-list congressmen should not exceed twenty
per cent of the total membership of the House of
Representatives, because this is the maximum number of
party-list congressmen. (Sec. 5(3), Art. VI, 1987 Constitution;
Veterans Foundation Party v. COMELEC, C.R. No. 136781, 06
Oct. 2000)
(b) The two percent threshold - only those parties
garnering a minimum of two percent of the
total valid votes cast for the party-list system
are "qualified" to have a seat in the House of
Representatives.
UNIVERSITY OF S A NTO TO MA S
20 2 2 GOLD EN NOTES
A: Under Sec. 11 (b) of Republic Act 7941, only the parties
which received at least two per cent of the total votes cast
for the party- list are entitled to have a seat in the House of
Representatives. To have meaningful representation, the
elected party-list representative must have the manda te of
a sufficient number of people. (Veterans Federation Party v.
COMELEC, C.R. 136781, 06 Oct. 2000)
( c) The three-seat limit - each qualified party,
regardless of the number of votes it actually
obtained, is entitled to a maximum of three
seats; that is, one 'qualifying' and two
additional seats.
A: Sec. 1 l(b) of Republic Act 7941 allows qualified parties to
have a maximum of three (3) seats in the House of
Representatives so that no single group will dominate the
party-list seats. (Veterans Federation Party v. COMELEC, C.R
136781, 06 Oct. 2000)
(d) The first-party rule - additional seats which a
qualified party is entitled to shall be
determined in relation to the total number of
votes garnered by the party with the highest
number of votes.
A: Additional seats to which a qualified party is entitled are
determined by the pro portion of the total number of votes
it obtained in relation to the total number of votes obtained
by the party with the highest number of votes, to maintain
proportional representation. This is because while
representation in the party-list system is proportional, a
party is entitled to a maximum of three seats regardless of
the numb er of votes it actually obtained. (Veterans
Federation Party v. COMELEC, C.R. No. 136781, 06 Oct. 2000)
C. LEGISLATIVE PRIVILEGES, INHIBITIONS, AND
QUALIFICATIONS
(2013, 2004 BAR)
Q: In the May 2013 elections, the Allied Workers' Group
of the Philippines (AWGP), representing land-based
and sea-based workers in the Philippines and overseas,
won in the party list congressional elections. Atty.
Abling, a labor lawyer, is its nominee.
As part of the party's advocacy and services,
Congressman Abling engages in labor counseling,
particularly for loca l workers with claims against their
employers and for those who need representation in
collective bargaining negotiations with employers.
When labo r cases arise, AWGP enters its appearance in
representation of the workers and the Congressman
makes it a point to be there to accompany the workers,
although a retained counsel also formally enters his
appearance and is invariably there. Congressman
Abling largely takes a passive role in the proceedings
although he occasionally speaks to supplement the
30
 QuAMTO ( 1987-2021)
retained counsel's statements. It is otherwise in CBA
negotiations where he actively participates.
Management lawyers, feeling aggrieved that a
congressman should not actively participate before
labor tribunals and before employers because of the
influence a congressman can wield, filed a disbarment
case against the Congressman before the Supreme
Court for his violation of the Code of Professional
Responsibility and for breach of trust, in relation
particularly with the prohibitions on legislators under
the Constitution. Is the cited ground for disbarment
meritorious? (2013 BAR)
A: Being a congressman, Atty. Abling is disqualified under
Sec. 14, Art. VI, of the 1987 Constitution from personally
appearing as counsel before quasi-judicial and other
administrative bodies handling labor cases constitutes
personal appearance before them. [Puyat v. De Guzman, G.R.
No. L-5122, 25 Mar. 1982) His involvement in collective
bargaining, negotiations also involve practice of law,
because he is making use of his legal knowledge for the
benefit of others. (Cayetano v. Monsod, G.R. No. 100113, 03
Sept. 199) The Bureau of Labor Relations is involved in
collective bargaining negotiations (Article 250 of Labor
Code).
Atty. Abling should not be disbarred but should be merely
suspended from the practice of law. Suspension is the
appropriate penalty for involvement in the unlaw ful
practice of law. [Tapay v. Banco/a, A.C. No. 9604, 20 Mar.
2013)
ALTERNATIVE ANSWER:
NO, Congressman Abling cannot be disbarred. A retained
counsel formally appears fo r AWGP. His role is largely
passive and cannot be co nsidered as personal appearance.
His participation in the collective bargaining negotiations
does not entail personal appearance before an
administrative b ode. (Sec. 13, Art. VI, 1987 Constitution)
Q: JAR faces a dilemma: should he accept a Cabinet
appointment n ow or run later for Senator? Having
succeeded in law practice as well as prospered in
private business where he and his wife have substantial
investments, he now contemplates public service but
without losing the flexibility to engage in corporate
affairs or participate in professional activities within
ethical bounds. Taking into account the prohibitions
and inhibitions of public office whether as Senator or
Secretary, he turns to you for advice to resolve his
dilemma. What is your advice? Explain briefly. (2004
BAR)
A: I shall advise JAR to run for Senator. As Senator, he can
retain his investments in his business, although he must
make a full disclosure of his business and financial interests
and notify the Senate of a potential conflict of interest if he
authors a bill. (Section 12, Article VI, 1987 Const.) He can
continue practicing law, but he cannot personally appear as
31
counsel before any court of justice, the Electoral Tribunals,
or quasi-judicial and other administrative bodies (Sec. 14,
Article VI, 1987 Const.).
As a member of the Cabinet, JAR cannot directly or
indirectly practice law or participate in any business. He
will have to divest himself of his investments in his business
(Section 13, Article VII of the 1987 Constitution). In fact, the
Constitutional prohibition imposed on members of the
Cabinet covers both public and private office or
employment (Civil Liberties Union v. Executive Secretary,
G.R. No. 83896, 22 Feb.1991)
D. QUORUM AND VOTING MAJORITIES
Q: What and whose vote is required for the following
acts: (2018 BAR)
(a) The repeal of a tax exemption law.
A: The Constitution is silent on the voting requirement for
repealing a tax exemption. However, it could be considered
that the voting requirement to grant is also the voting
requirement to repeal; hence, the required vote is the
majority of all the members of Congress.
ALTERNATIVE ANSWE R:
The granting of tax exemptions requires the majority of all
members of the Congress, because granting such will impair
the lifeblood of the government. Repealing such tax
exemption, however, is not inimical to such lifeblood and a
simple majority is needed instead of a qualified majority.
(b) A declaration of the existence ofa state of war.
A: Two-thirds of all members of Congress, voting
separately. (Sec. 23 (1), Art. VI, 1987 Constitution)
(c) The amendment of a constitutional provision
through a constituent assembly.
A: The proposal for the amendment shall be valid, upon a
vote of three-fourths of all its Members. (Sec. 1, Art. XVII,
1987 Constitution) For the effectivity of the amendment;
however, the vote needed is the majority of all those who
voted. (Sec 4, Art. XVII, 1987 Constitution)
NOTE: Any of these two answers should be acceptable as
the question is not clear on whether it is asking for the
voting requirement for the validity of the proposal or the
effectivity of the amendment.
( d) The resolution of a tie in a presidential election.
A: A majority of all the members of both Houses of Congress,
voting separately. (Sec. 4, Art. VII, 1987 Constitution)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
(e) The extension of the period for the suspension
of the privilege of the writ of habeas corpus.
A: The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session.
(Sec. 18, Art. VII, 1987 Constitution)
E. DISCIPLINE OF MEMBERS
Q: In an election case, the House of Representatives
Electoral Tribunal rendered a decision upholding the
election protest of protester A, a member of the
Freedom Party, against protester B, a member of the
Federal Party. The deciding vote in favor of A was cast
by Representative X, a member of the Federal Party.
For having voted against his party mate, Representative
X was removed by Resolution of the House of
Representatives, at the instance of his party (the
Federal Party), from membership in the HRET.
Representative X protested his removal on the ground
that he voted based on the evidence presented and
contended that he had the security of tenure as an HRET
Member and that he could not be removed except for a
valid cause. With whose contention do you agree, that
of the Federal Party or that of Representative X? Why?
(2002 Bar)
A: I agree with the contention of Representative X. As held
in Bondoc v. Pineda, (C.R. No. 97710, 26 Sept. 1991) the
members of the House of Representatives Electoral
Tribunal are entitled to security of tenure like members of
the judiciary. Membership in it may not be terminated
except for a just cause. Disloyalty to party is not a valid
ground for the expulsion of a member of the House of
Representatives Electoral Tribunal. Its members must
discharge their functions with impartiality and
independence from the political party to which they belong.
Q: Suppose there are 202 members in the House of
Representatives. Of this number, 185 belong to the
Progressive Party of the Philippines or PPP, while 17
belong to the Citizens Party or CP. How would you
answer the following questions regarding the
representation of the House in the Commission on
Appointments? (2002 BAR)
(a) How many seats would the PPP be entitled to
have in the Commission on Appointments?
Explain your answer fully.
A: The 185 members of the Progressive Party of the
Philippines represent 91.58 percent of the 202 members of
the House of Representatives. Under Article VI, Section 18 of
the Constitution, it is entitled to have ten of the twelve seats
in the Commission on Appointments. Although the 185
members of the Progressive Party of the Philippines
represent 10.98 seats in the Commission on Appointments,
under the ruling in Guingona v. Gonzales, C.R. No.106971, 20
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
Oct. 1992), a fractional membership cannot be rounded off
to full membership because it will result in
overrepresentation of that political party and under-
representation of the other polit ical parties.
(b) Suppose 15 of the CP representatives, while
maintaining their party affiliation, entered into
a political alliance with the PPP to form the
"Rainbow Coalition" in the House. What effect,
if any, would this have on the right of the CP to
have a seat or seats in the Commission on
Appointments? Explain your answer fully.
A: The political alliance formed by the 15 members of the
Citizens Party with the Progres sive Party of the Philippines
will not result in the diminution of the number of seats in
the Commission on Appointmen ts to which t he Citizens
Party is entitled. As held in Cunanan v. Tan {C.R. No. l-1 9721,
10 May 1962), a temporary alliance between the members
of one political party a nd another political party does not
authorize a change in the membership of the Commission
on Appointments. Otherwise, the Commission on
Appointments will have to be reorganized as often as votes
shift from one side to another in the House of
Representatives.
F. PROCESS OF LAW-MAKING
(20 17, 1993 BAR)
Q: Sec. 26(2), Art. VI of the Constitution provides that no
bill passed by either House of Congress shall become a
law unless it has passed three readings on separate
days and printed copies of it in its final form have been
distributed to the Members of the House three days
before its passage. Is there an exception to the
provision? Explain your answer. (2017 BAR)
A: The exception to this provision is when the President
certifies to the necess ity of its immediate enactment to meet
a public calamity or necessity (Sec. 26, Article VI, 1987
Const.; and Tolentino v. Secretary ofFinance, C.R. No.115455,
25 Aug.1994)
Q: Under the enrolled bill doctrine, the signing of a bill
by both the Speaker of the House of Representatives
and the President of the Senate and the certification by
the secretaries of both Houses of Congress that the bill
was passed on a certain date are conclusive on the bill's
due enactment. Assuming there is a conflict between
the enrolled bill and the legislative journal, to the effect
that the enrolled bill signed by the Senate President
and eventually approved by the President turned out to
be different from what the Senate actually passed as
reflected in the legislative journal. (2017 BAR)
(a) May the Senate President disregard the
enrolled bill doctrine and consider his
signature as invalid and of no effect?
32
 QuAMTO ( 1987-2021)

A: YES. As held by the Court in Astorga v. Villegas (G.R. No.
L-23475, 30 Apr. 1974), conclusive proof of a bill's due
enactment, required, it is said, by the respect due to a co-
equal department of the government, is neutralized in this
case by the fact that the Senate President declared his
signature on the bill to be invalid and issued a subsequent
clarification that the invalidation of his signature meant
that the bill he had signed had never been approved by the
Senate. Obviously, this declaration should be accorded even
greater respect than the attestation it invalidated, which it
did for a reason that is undisputed in fact and indisputable
in logic.
As far as Congress itself is concerned, there is nothing
sacrosanct in the certification made by the presiding
officers. It is merely a mode of authentication. The
lawmaking process in Congress ends when the bill is
approved by both Houses, and the certification does not add
to the validity of the bill or cure any defect already present
upon its passage
A: Under Section 27(1), Article VI of the Constitution, a bill
becomes a law even without the signature of the President
if he vetoed it but his veto was overridden by two-thirds
vote of all the members of both the Senate and the House of
Representatives and If the President failed to communicate
his veto to the House from which the bill originated, within
thirty days after the date of receipt of the bill by the
President.
(b) When does the law take effect?
A: As held in Tanada v. Tuvera, (G.R. No. L-63915, 24 Apr.
1985), a law must be published as a condition for its
effectivity and in accordance with Article 2 of the Civil Code,
it shall take effect fifteen days following the completion of
its publication in the Official Gazette or in a newspaper of
general circulation unless it is otherwise provided.
(Executive Order No. 292, Revised Administrative Code of
1989)

(b) May the President thereafter withdraw his G. APPROP RIATION AND RE-ALIGNMENT
signature? Explain your answer. (201 7, 2001, 1999, 1998 BAR)

A: YES. The President can withdraw his signature. The

journal of the proceedings of each House of Congress is no
LIMITATIONS ON REVENUE, APPROPRIATIONS AND
ordinary record. The Constitution requires it. The Court is
TARI FF MEASURES
not asked to incorporate such amendments into the alleged
law, which admittedly is a risky undertaking, but to declare
Q: Give the limitations on the power of the Congress to
that the bill was not duly enacted and therefore did not
enact the General Appropriations Act? Explain your
become law. In the face of the manifest error committed a nd
answer (201 7 BAR)
subsequently rectified by the President of the Senate and by
the Chief Executive, for the Court to perpetuate that error
A: The follo wing are the limitations on the power of
by disregarding such rectification and holding that the
Congress to enact the GAA:
erroneous bill has become law would be to sacrifice truth to
fiction and bring about mischievous consequences not
1. It must be devoted to a public purpose;
intended by the law-making body (Astorg a v. Villegas, G.R.
2. The sum authorized to be released must be
No. L-23475, 30 Apr. 1974)
determinate or at least determinable;
3. Congress may not increase appropriations
Q: Sec. 26(2), Art. VI of the Constitution provides that no
recommended by the President for the operations
bill passed by either House of Congress shall become a
of the government;
law unless it has passed three readings on separate
4. Form, content and manner of preparation of
days and printed copies ofit in its final form have been
budget shall be provided by law;
distributed to the Members of the House three days
5. No provision or enactment shall be embraced in the
before its passage. Is there an exception to the
bill unless it releases specifically to some particular
provision? Explain your answer. (2017 BAR)
appropriations therein;
6. Procedure for approving appropriations for
A: If a bill is certified as urgent by the President as to the
Congress shall be the same as that of other
necessity of its immediate enactment to meet a public
departments in order to prevent sub rosa
calamity or emergency, the 3 readings can be held on the
appropriations by Congress; and
same day. (Sec. 26(2), Art. VI, 1987 Constitution)
7. Prohibition against transfer of appropriations from
one branch (judiciary, legislative, and executive) to
Q: Ernest Cheng, a businessman, has no knowledge of
another.
legislative procedure. Cheng retains you as his legal
adviser and asks enlightenment on the following
Q: What are the limitations/restrictions provided by
matters: (1993 BAR)
the Constitution on the power of Congress to authorize
the President to fix tariff rates, import and export
(a) When does a bill become a law even without the
quotas, tonnage, and wharfage dues. Explain. (1999
signature of the President?
BAR)

33 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
A: According to Section 28(2), Article VI of the Constitution,
Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and
restrictions it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues and other duties or
imposts within the framework of the national development
program of the Government.
Q: Suppose that the forthcoming General
Appropriations Law for Year 2002, in the portion
pertaining to the Department of Education, Culture and
Sports, will contain a provision to the effect that the
Reserve Officers Training Course (ROTC) in all colleges
and universities is hereby abolished, and in lieu thereof
all male college students shall be required to plant ten
(10) trees every year for two (2) years in areas to be
designated by the Department of Environment and
Natural Resources in coordination with the
Department of Education, Culture and Sports and the
local government unit concerned. It further provides
that the same provision shall be incorporated in future
General Appropriations Acts. There is no specific item
of appropriation of funds for the purpose. Comment on
the constitutionality of said provision. (2001 Bar)
A: The provision is unconstitutional becaus e it is a rider.
Section 25(2), Article VI of the Constitution provides, "No
provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein." The abolition of the
Reserve Officers Training Cours e involves a policy matter.
As held in Philippine Constitution Association v. Enriquez
(C.R. No. 113105, 19 Aug. 1994), this cannot be incorporated
in the General Appropriations Act but must be embodied in
a separate law.
Q: Suppose the President submits a budget which does
not contain provisions for CDF (Countrywide
Development Funds), popularly known as the pork
barrel, and because of this Congress does not pass the
budget. (1998 BAR)
(a) Will that mean paralization of government
operations in the next fiscal year for lack of an
appropriation law?
A: NO, the failure of Congress to pass the budget will not
paralyze the operations of the Government. Section 25(7),
Article VI of the Constitution provides: "If, by the end of any
fis cal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be
deemed reenacted and shall remain in force and effect until
the general appropriations bill is passed by the Congress.
(b) Suppose in the same budget, there is a special
provision in the appropriations for the Armed
Forces authorizing the Chief of Staff, AFP,
subject to the approval of the Secretary of
National Defense, to use savings in the
appropriations provided thereto to cover up
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
whatever financial losses suffered by the AFP
Retirement and Separation Benefits System
(RSBS) in the last five (5) years due to alleged
bad business judgment.
A: YES, the provision authorizing the Chief of Staff, with the
approval of the Secretary of National Defense, to use savings
to cover the losses suffered by the AFP Retirement and
Separation Benefits System is unconstitutional. Section
25(5], Article VI of the Constitution provides: "No law shall
be passed authorizing any transfer of app ropriations;
however, the President, the President of the Senate, the
Speaker of the House of Representatives, the Chief Justice of
the Supreme Court, and the heads of Constit utional
Commissions may, by law, be a uthorized to augment any
item in the general appropriation law for their respective
offices from savings in other Items of their respective
appropriations."
( c) Would you question the constitutionality
validity of the s pecial provision?
A: In Philippine Constitution v. Enriquez (C.R. No. 113105, 19
Aug. 1994), the Supreme Court held that a provision in the
General Appropriation Act a uthorizing the Chief of Staff to
use savings to augment the funds of the AFP Retirement and
Separation Benefits Systems was unconstitutional. "While
Section 25(5) allows as an exception the realignment of
savings to augment items in the general appropriations law
for the executive branch, such right must and can be
exercised only by the President pursuant to a specific law."
H. LEGISLATIVE INQUIRIES AND OVERSIGHT
FUNCTIONS
(2019, 2015, 2014, 2010, 2009, 1991 BAR)
Q: A committee of the Senate invited Mr. X and Mr. Y, the
Secretary of Foreign Affairs and Secretary of Energy,
respectively, as resource speakers for an inquiry in aid
legislation. Mr. X refused to attend, arguing that the
Senate, not its committee, has the power to compel
attendance. Meanwhile, Mr. Y attended the committee
hearing but upon being asked about discussions made
during a closed-door cabinet meeting, he refused to
answer invoking executive privilege. The committee
members insisted that Mr. Y answer the question
pursuant to the right of Congress to information from
the executive branch. (2019 BAR)
Based on his argument, is Mr. X's non-appearance
permissible? Explain.
A: NO. Sec. 21, Art. VI, 1987 Constitution s pecifically
provides that the Senate or the House of Representatives or
any of its respective committees may conduct inquiries in
aid oflegislation in accordance with its duly published rules
of procedure.
34
 QuAMTO ( 1987-2021)
Q: Several senior officers of the Armed Forces of the
Philippines received invitations from the Chairperson
of the Senate Committees on National Defense and
Security for them to appear as resource persons in
scheduled public hearings regarding a wide range of
subjects. The invitations state that these public
hearings were triggered by the privilege speeches of
the Senators that there was massive electoral fraud
during the last national elections. The invitees
Brigadier General Matapang and Lieutenant Coronel
Makatuwiran, who were among those tasked to
maintain peace and order during the last election,
refused to attend because of an Executive Order
banning all public officials enumerated in paragraph 3
thereof from appearing before either house of Congress
without prior approval of the President to ensure
adherence to the rule of executive privilege. Among
those included in the enumeration are "senior officials
of executive departments who, in the judgment of the
department heads, are covered by executive privilege."
Several individuals and groups challenge the
constitutionality of the subject executive order because
it frustrates the power of the Congress to conduct
inquiries in aid oflegislation under Sec. 21, Art. VI of the
1987 Constitution. Decide the case. (2015 BAR)
A: Under Section 5, Article XVI of the Constitution, the
President is the Commander- in-Chief of the Armed Forces
of the Philippines. By virtue of this power, the President can
prevent the Brigadier General Matapang and Liutenant
Colonel Makatwiran from appearing before the Senate to
testify before a legislative investigation. (Guidant v. Se nga,
G.R. No.170165, 15Aug. 2006)
The provision in the Executive Order which authorized
Department Secretaries to invoke executive privilege in
case senior officials in their departments are asked to
appear in a legislative investigation is unconstitutional. It is
upon the President that executive power is vested. Only the
President can make use of Executive Privilege. (Senate v.
Ermita, G.R. No. 169777, 20 Apr. 2006)
Q: A few months before the end of the present Congress,
Strongwill was invited by the Senate to shed light in an
inquiry relative to the alleged siphoning and diverting
of the pork barrel of members of Congress to non-
existent or fictitious projects. Strongwill has been
identified in the news as the principal actor responsible
for the scandal, the leader of a non- governmental
organization which ostensibly funneled the funds to
certain local government projects which existed only
on paper. At the start of the hearings before the Senate,
Strongwill refused at once to cooperate. The Senate
cited him in contempt and sent him to jail until he
would have seen the light. The Congress, thereafter,
adjourned sine die preparatory to the assumption to
office of the newly-elected members. In the meantime,
Strongwill languished behind bars and the remaining
senators refused to have him released, claiming that
the Senate is a continuing body and, therefore, he can
35
be detained indefinitely. Are the senators right? (2014
BAR)
A: The Senators are right. The Senate is to be considered as
a continuing body of purposes of its exercise of its power
punish for contempt. Accordingly, the continuing validity of
its orders punishing for contempt should not be affected by
its sine die adjournment. (Arnault v. Nazareno, G.R. No. L-
3820, 18 July 1950)
ALTERNATIVE ANSWER:
The Senators are wrong. Under the 198 7 Constitution the
Senate is no longer a continuing body because less than
majority of the Senators continue into the next Congress.
While the Senate as an institution is continuing in the
conduct of its day-to-day business, the Senate of each
Congress acts separately from the Senate of the Congress
before it. All pending matters terminate upon expiration of
each Congress. (Neri v. Senate, G.R. No. 180643, 25 Mar.
2008)
Q: The House Committee on Appropriations conducted
an inquiry in aid of legislation into alleged irregular
and anomalous disbursements of the Countrywide
Development Fund (CDF) and Congressional Initiative
Allocation (CIA) of Congressmen as exposed by X, a
Division Chief of the Department of Budget and
Management (DBM). Implicated in the questionable
disbursements are high officials of the Palace. The
House Committee summoned X and the DBM Secretary
to appear and testify. X refused to appear, while the
Secretary appeared but refused to testify invoking
executive privilege. (2010 BAR)
(a) May X be compelled to appear and testify? If
yes, what sanction may be imposed on him?
A: YES. X may be compelled to appear and testify. Only the
President or the Executive Secretary by the order of the
President can invoke executive privilege. (Senate v. Ermita,
G.R. No. 169777, 20 Apr. 2006) He can be cited for contempt
and ordered to be arrested. (De la Paz v. Senate Committee
on Foreign Relations, G.R. No. 184849, 13 Feb. 2009)
(b) Is the Budget Secretary shielded by executive
privilege from responding to the inquiries of
the House Committee? Explain briefly. If the
answer is no, is there any sanction that may be
imposed upon him?
A: NO. The Secretary of Budget and Management is not
shielded by executive privilege from responding to the
inquiries of the House Committee on Appropriations,
because the inquiry is in aid of legislation and neither the
President nor the Executive Secretary by the order of the
President invoked executive privilege. (Senate v. Ermita,
supra.) For refusing to testify, he may be cited for contempt
and ordered to be arrested [De la Paz v. Senate Committee
on Foreign Relations, supra.)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Q: Congressman Nonoy delivered a privilege speech
charging the Intercontinental Universal Bank (IUB)
with the sale of unregistered foreign securities, in
violation of R.A. 8799. He then filed, and the House of
Representatives unanimously approved, a Resolution
directing the House Committee on Good Government
(HCGG) to conduct an inquiry on the matter, in aid of
legislation, to prevent the recurrence of any similar
fraudulent activity.
The HCGG immediately scheduled a hearing and invited
the responsible officials of IUB, the Chairman and
Commissioners of the Securities and Exchange
Commission (SEC), and the Governor of the Bangko
Sentral ng Pilipinas (BSP). On the date set for the
hearing, only the SEC Commissioners appeared,
prompting Congressman Nonoy to move for the
issuance of the appropriate subpoena ad
testificandum to compel the attendance of the invited
resource persons.
The IUB officials filed suit to prohibit HCGG from
proceeding with the inquiry and to quash the subpoena,
raising the following arguments. Are the foregoing
arguments tenable? Reasons. (2009 BAR)
(a) The subject of the legislative investigation is
also the subject of criminal and civil actions
pending before the courts and the prosecutor's
office; thus, the legislative inquiry w ould
preempt judicial action.
A: The argument is not tenable; since this is an essential
component of legislative power, it cannot be made
subordinate to criminal and civil actions. Otherwise, it
would be very easy to subvert any investigation in aid of
legislation through convenient p loy of instituting criminal
and civil actions. (Standard Chartered Bank [Philippine
Branch] v. Senate Committee in Banks, Financial Institutions
and Currencies, C.R. No. 1671 73, 2 7 Dec. 2007)
(b) Compelling the IUB officials, who are also
respondents in the criminal and civil cases in
court, to testify at the inquiry would violate
their constitutional right against self-
incrimination.
A: The argument is untenable. Since the IUB officials were
not being subjected to a criminal penalty, they cannot
invoke their right against self-incrimination unless a
ques tion calling for an incriminating answer is propounded.
(Standard Chartered Bank [Philippine Branch] v. Senate
Committee in Banks, Financial Institutions and Currencies,
C. R. No. 167173, 27 Dec. 2007)
(c) May the Governor of the BSP validly invoke
executive privilege and, thus, refuse to attend
the legislative inquiry? Why or why not?
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
A: NO, because the power to invoke executive privilege is
limited to the President. (Senate v. Ermita C.R. No. 169777,
20 Apr. 2006)
Q: The President signs into law the Appropriations Act
passed by Congress but she vetoes separate items
therein, among which is a provision stating that the
President may not increase an item ofappropriation by
transfer of savings from other items.
The House of Representatives chooses not to override
this veto. The Senate, however, proceeds to consider
two options: (1) to override the veto and (2) to
challenge the constitutionality of the veto before the
Supreme Court. (1991 BAR)
(a) Is option (1) viable? If so, what is the vote
required to override the veto?
A: Option 1 is not viable in as much as the Ho use of
Representatives, from which the Appropriations Act
originated and to which the President must have returned
the law, is unwilling to override the presidential veto. There
is, therefore, no basis for the Senate to even consider the
possibility of overriding the President's veto. Under the
Constitution the vote of two-third of all the members of the
House of Representatives and the Senate, voting separately,
will be needed to override the presidential veto.
(b) Is option (2) viable? If not. why not? If viable,
how should the Court decide the case?
A: It is not feasible to question the constitutionality of the
veto before the Supreme Court. In Gonzales v. Macaraig,
(C.R. No. 87636, 19 Nov. 1990), the Supreme Court upheld
the constitutionality of a similar veto. Under Article VI, Sec.
2 7(2) ofthe Constitution, a distinct and severable part of the
General Appropriations act may be the subject of a separate
veto. Moreover, the vetoed provision does not relate to any
appropriation and is more an expression of a congressional
policy in respect of augmentation from savings than a
budgetary provision. It is therefore an inappropriate
provision, and it should be treated as an item for purposes
of the veto power of the Presi dent. The Supreme Court
should uphold the validity of the veto in the event the
question is brought before it.
I. POWER OF IMPEACHMENT
(2017, 2014, 2013, 2012, 2000 BAR)
CONCEPTS
Q: Sec. 3, Art. XI of the Constitution states that "no
impeachment proceedings shall be initiated against the
same official more than once within a period of one
year." What constitutes initiation of impeachment
proceedings under the provision? (2017 BAR)
36
 QuAMTO ( 1987-2021)
A: It is initiated by the filing of a verified complaint by any
member of the House of Representatives or any citizen
upon resolution of endorsement by any member thereof. If
the verified complaint is filed by at least 1/3 of all its
members of the House of Representatives, the same shall
constitute the Articles of Impeachment, and trial by the
Senate shall forthwith proceed. (Sec. 3(4), Art. XI, 1987
Constitution)
In Francisco v. The House of Representatives (G.R. No.
160261, 10 Nov. 2003), the Supreme Court clarified that the
"term 'to inititate' refers to the filing of the impeachment
complaint coupled with Congress' taking initial action of
said complaint."
Q: The one-year-bar rule in impeachment proceedings
is to be reckoned from the time the? (2014 BAR)
A. First impeachment complaint is filed
B. Impeachment complaint is referred to the
Committee on Justice
C. House of Representatives vote on the
impeachment complaint
D. House of Representative endorses the Articles
of Impeachment to Senate
A: B. Impeachment complaint is referred to the Committee
on Justice.
APPLICATION
Q: As a leading member of the Lapiang Mandirigma in
the House of Representatives, you were tasked by the
party to initiate the moves to impeach the President
because he entered into an executive agreement with
the US Ambassador for the use of the former Subic
Naval Base by the US Navy, for free, i.e., without need to
pay rent nor any kind of fees as a show of goodwill to
the U.S. because of the continuing harmonious RPUS
relations.
Cite at least two (2) grounds for impeachment and
explain why you chose them. (2013 BAR)
A: The President can be impeached for culpable violation of
the Constitution and betrayal of public trust. The Supreme
Court has already ruled that the provision in Article XVIII,
Section 25 of the Constitution requires a treaty even for the
mere temporary presence of foreign troops in the
Philippines. (Bayan v. Zamora, G.R. No.138570, 10 Oct. 2000)
The President cannot claim, therefore, that he acted in good
faith. [Report of the Special Committee in the Impeachment
of President Quirino, Congressional Record of the House of
President Quirino, Congressional Record of the House of
Representatives, Vol. IV, p. 1553). Betrayal of public trust
includes violation of the oath of the office of the President
[Record of the Constitutional Commission, Vol. II, p. 272). In
his oath of office, the President swore to preserve and
defend the Constitution. (Sec. 5, Art. VII, 1987 Constitution)
37
Q: At least one-third of all the members of the House of
Representatives may file articles of impeachment by?
(2012 BAR)
A: verified complaint and resolution. (Sec. 3(1), Art. XI, 1987
Constitution)
Q: A verified impeachment complaint was filed by two
hundred (200) Members of the House of
Representatives against Madam Chief Justice Blue. The
complaint was immediately transmitted to the Senate
for trial. (2012 BAR)
(a) Madam Chief Justice Blue challenges such
immediate transmittal to the Senate because
the verified complaint was 1.) n ot included in
the order of the business of the House, 2.) was
not referred to the House Committee on Justice
for hearing and consideration for sufficiency in
form and substance, and 3.) was not submitted
to the House Plenary for consideration as
enumerated in Paragraph (2), Section 3, Article
XI of the 1987 Constitution. Decide with reason.
A: Since the verified complaint was filed by 200 Members of
the House of Representatives and they constituted at least
one third of its Members, it need not undergo the procedure
in Paragraph 2, Section 3, Article XI of the Constitution. The
verified complaint constitutes the Articles of Impeachment
and trial by the Senate should proceed forthwith. (Sec. 3(4),
Art. XI, 1987 Constitution)
(b) What is the purpose of Impeachment? Does
conviction prevent further prosecution and
punishment? Explain
A: The purpose of impeachment is not to punish but only to
remove a public officer to secure the people against gross
political misdemeanors. [Bernas, The 1987 Constitution of
the Philippines, A Commentary, 2009 ed., p.1150). Conviction
does not prevent further prosecution and punishment
according to law. (Sec. 3(7), Art. XI, 1987 Constitution)
(c) Enumerate the ground for impeachment. Is
graft and corruption a ground for
impeachment?
A: The following are the grounds for impeachment;
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and corruption;
5. Other high crimes; and
6. Betrayal of public trust
Q: Is cronyism a legal ground for the impeachment of
the President? Explain. (2000 BAR)
A: YES, cronyism is a legal ground for the impeachment of
the President. Under Section 2, Article XI of the Constitution,
betrayal of public trust is one of the grounds for
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Impeachment. This refers to violation of the oath of office
and includes cronyism which involves unduly favoring a
crony to the prejudice of public interest. (Record of the
Constitutional Commission, Vol. II, p. 2 72)
Q: What are the grounds for impeachment? Explain.
(1999 BAR)
A: Under Section 2, Article XI ofthe Constitution, the grounds
for impeachment are culpable violation of the Constitution,
treason, bribery, graft an d corruption, other high crimes,
and betrayal of public trust.
J. ELECTORAL TRIBUNALS AND THE COMMISSION ON
APPOINTMENTS
1. POWERS AND JURISDICTION
(2019, 2018, 2017, 2012, 2006 BAR)
CONCEPTS
Q: What is the function of the Senate Electoral Tribunal
and the House of Representatives Electoral Tribunal?
(2006 BAR)
A: The function of the Senate Electoral Tribunal and the
House of Representatives Electora l Tribunal is to be the sole
judge of all contests relating to the election, returns and
qualifications of Senators and Congressmen, respectively.
(Section 17, Article VI of the Constitution )
Q: What is the composition of each? (2006 Bar)
A: The Senate Electoral Tribunal and the House of
Repr es entatives Electoral Tribunal are composed of nine
members, three of whom are Justices of the Supreme Court
designated by the Chief Justice, and the remaining six
members are Senators and Congressmen, respectively,
chosen based on propor tional repres entation from the
political parties as well as the parties registered under the
party-list system r epresented in the House of
Representatives, in th e case of the latter. (Section 17, Article
VI of the Constitution)
APPLICATION
Q: Candidate X, a naturalized Filipino citizen, ran for
Congressman for the Lone District of Batanes. After a
close electoral contest, he won by a slim margin of 500
votes. His sole opponent, Y, filed an election protest
before the Commission on Election (COMELEC),
claiming that X should be disqualified to run for said
position because he is not a natural-born citizen. While
the case was pending, X was proclaimed by the
Provincial Election Supervisor of Batanes as the duly
elected Congressman of the province.
UNIVE R SITY O F S A NTO TO M AS
20 2 2 GOLD E N NOTES
Did X's proclamation divest the COMELEC of its
jurisdiction to decide the case and vest the House of
Representatives Electoral Tribunal (HRET)
jurisdiction to hear the case? Explain. (2019 BAR)
A: NO, COMELEC maintains its jurisdiction over the matter.
To divest the COM ELEC of jurisdiction over election cases
of Members of the House of Representatives, the following
requisites must concur: (P-A-O)
1. Valid froclamation ;
2. Valid Qath; and
3. Assumption of office on June 30.
Thus, the mere proclamation of X does n ot yet trans fer
jurisdiction from the COM ELEC to the HRET. (Reyes v.
COMELEC, C.R. No. 207264, 22 Oct. 2013)
Q: Ang Araw, a multi-sectoral party-list organization
duly registere d as s uch with the Commission on
Elections (COMELEC), was proclaimed as one of the
winning party-list groups in the last national elections.
Its first nominee, Alejandro, assumed office as the
party-list representative.
About one year after Alejandro assumed office, the
Interim Central Committee of Ang Araw expelled
Alejandro from the party for disloyalty and replaced
him with Andoy, its second nominee. Alejandro
questioned before the Comelec his expulsion and
replacement by Andoy.
The Comelec considered Alejandro's petition as an
intra-party dispute which it could resolve as an
incident of its power to register political parties; it
proceeded to uphold the expulsion.
Is the Comelec's ruling correct? (2018 BAR)
A: Alejandro's petition sh ould be dismiss ed for lack of
jurisdiction. It is the HRET which has jurisdiction over the
case, because Alejandro is already a Member of the House
of Representatives. (Lico v. Commission on Elections, C.R. No.
205505, 29 Sept. 2015)
Q: Sec. 17, Art. VI of the Co nstitution establishes an
Electoral Tribunal for each of the Houses of Congress
and makes each Electoral Tribunal "the sole judge of all
contests relating to the election, returns, and
qualifications of their respective Members." On the
other hand, Sec. 2(1), C (Commission on Elections), Art.
IX of the Constitution grants the COMELEC the power to
enforce and administer all laws and regulations
"relative to the conduct of an election, plebiscite,
initiative, referendum, and recall."
Considering there is no concurrence of jurisdiction
between the Electoral Tribunals and the COMELEC,
state when the jurisdiction of the Electoral Tribunals
begins, and the COMELEC's juris diction ends . Explain
your answer. (2017 BAR)
38
 QuAMTO ( 1987-2021)
A: It is well-entrenched in a long line of cases decided by the
Supreme Court that the jurisdiction of the Electoral
Tribunal begins once a winning candidate has been
proclaimed, taken his oath, and assumed office. It is only
after the occurrence of these events that a candidate can be
considered as either a Member of the House of
Representatives or a Senator.
The practical application of these rulings, at least insofar as
the HRET is concerned, has been that it commences
exercising such jurisdiction, to the exclusion of the
COMELEC, which has initial jurisdiction over said matters,
upon the proclamation of the winning candidate (Cruz,
2014).
Q: Beauty was proclaimed as the winning candidate for
the position of Representative in the House of
Representatives three (3) days after the elections in
May. She then immediately took her oath of office.
However, there was a pending disqualification case
against her, which case was eventually decided by the
COMELEC against her 10 days after the election. Since
she has already been proclaimed, she ignored that
decision and did not bother appealing it. The COMELEC
then declared in the first week of June that its decision
holding that Beauty was not validly elected had become
final. Beauty then went to the Supreme Court
questioning the jurisdiction of the COMELEC claiming
that since she had already been proclaimed and had
taken her oath of office, such an election body had no
more right to come up with a decision - that the
jurisdiction had already been transferred to the House
of Representatives Electoral Tribunal. How defensible
is the argument of Beauty? (2014 BAR)
A: The House of Representatives Electoral Tribunal has
acquired exclusive jurisdiction over the case of Beauty since
she has already been proclaimed. The proclamation of the
winning candidate is the operative fact that triggers the
exclusive jurisdiction of the House of Representatives
Electoral Tribunal over election contests relating to the
election, returns and qualifications of the winning
candidate. The proclamation divests the Commission on
Elections of jurisdiction over the question of
disqualification s pending before it at the time of the
proclamation. Any case of questions over the qualifications
of a winning candidate should be raised before the House of
Representative Electoral Tribunal. (Limkaichong v.
COMEL EC, G.R. Nos. 178831-32, 01 Apr. 2009; Jalosjos, Jr. v.
COMELEC, G.R. No. 205033, 18 June 2013)
ALTERNATIVE ANSWER:
The argument of Beauty is untenable. For the House of
Representatives Electoral Tribunal to acquire jurisdiction
over the disqualification case, she must be a Member of the
House of Representatives. Although she had been
proclaimed and had taken her oath of office, she had not yet
assumed office. The term of office of the Members of the
House of Representatives begins at noon on the thirtieth
39
day of June following their election. [Reyes v. COMELEC, G.R.
No. 207264, 25 June 2013)
Q: Mr. Yellow and Mr. Orange were leading candidates
in the vice-presidential elections. After the elections,
Yellow emerged as the winner by a slim margin of
100,000 votes. Undaunted, Orange filed a protest with
the Presidential Electoral Tribunal (PET). After due
consideration of the facts and the issues, PET ruled that
Orange was the real winner of the elections and
ordered his immediate proclamation. (2 012 BAR)
(a) Aggrieved, Yellow filed with the Supreme Court
a Petition for Certiorari challenging the
decision of the PET alleging grave abuse of
discretion. Does the Supreme Court have
jurisdiction?
A: The supreme court has n o jurisdiction over the petition.
The Presidential Electoral Tribunal is not simply an agency
which the Members of the Senate Court were assigned. It is
not separate fro m the Supreme Court. [Macalintal v.
Presidential Electora l Tribunal, G.R. No. 191618, 23 Nov.
2010
(b) Would the answer in (a) be the same if Yellow
and Orange were contending for a senatorial
slot and it was the Senate Electoral Tribunal
who issued the challenged ruling?
A: The Supreme Court would have jurisdiction if it were the
Senate Electoral Tribunal who issued the challenged ruling.
The Supreme Court can review its decision if it acted with
grave abuse of discretion. [Leri as v. House ofRepresentatives
Electoral Tribunal, G.R. No. 97105, 15 Oct. 1991
(c) What is the composition of the PET?
A: The Presidential Electoral Tribunal is composed of the
Chief Justice and Associate Justices of the Supreme Court
sitting en bane. (Sec.4, Art. VII, 1987 Constitution)
Q: Y was elected Senator in the May 1987 national
elections. He was born out of wedlock in 1949 to an
American father and a naturalized Filipina mother. Y
never elected Philippine citizenship upon reaching the
age of majority. Before what body should T, the losing
candidate, question the election ofY? State the reasons
for your answer. (1990 BAR)
A: T, the losing candidate, should question the election ofY
before the Senate Electoral Tribunal, because the issue
involved is the qualification ofY to be a Senator. Sec. 17, Art.
VI of the 1987 Constitution provides that The Senate and the
House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating
to the election, returns, and qualifications of their
respective Members.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

A: I shall advise those starting a people's initiative that

K. INITIATIVE AND REFERENDUM
(2014, 2010, 2009, 2005 BAR)
CONCEPTS
initiative to pass a law defining political dynasties may
proceed as their proposal is to enact a law only and not to
amend the constitution. The decision in Santiago v.
COMELEC (C.R. No. 127325 19 Mar. 1997) which has not
been reversed, upheld the adequacy of the provisions in
Republic Act 6735 on initiative to enact a law.

Q: What are the essential elements of a valid petition for

ALTERNATIVE ANSWER:
a people's initiative to amend the 1987 Constitution?
Discuss. (2010, 2009 BAR)
I shall advise those starting a people's initiative that the
ruling in Santiago vs. Commission on Election that there is
A: The elements of a valid petition for a people's initiative
as yet no enabling law for an initiative has not been
are the following:
reversed. According to Section 4(3), Article VIII of the
Constitution, a doctrine of law laid down in a decision
1. At least twelve per cent (12%) of the registered
rendered by the Supreme Court en bane may not be
voters, of which every legislative district must be
reversed except if it is acting en bane. The majority opinion
represented by at least three per cent (3%) of the
in Lambino v. COMELEC, C.R. No. 174153, 25 Oct. 2006)
registered voters in it, should directly sign the
refused to re- examine the ruling in Santiago v. COMELEC,
entire proposal; and
C.R. No. 127325, 19 Mar. 1997) because it was not necessary
2. The draft of the proposed amendment must be
for deciding the case. The Justices who voted to reverse the
embodied in the petition. (Lambino v. COMELEC,
ruling constituted the minority.
C.R. No.174153, 25 Oct. 2006)

NOTE: However, as of the present, there is no enabling law

for an initiative to propose amendments on the
Constitution.

Q: The present Constitution introduced the concepts

and processes of Initiative and Referendum. Compare
and differentiate one from the other. (2005 BAR)

A: Initiative is the power of the people to propose

amendments to the Constitution or to propose and enact
legislations through an election called for the p urpose (Sec.
3(a), R.A. No. 6735). Referendum is the power of the
electorate to approve or reject a legislation through an
election called for the purpose. (Section 3(c), R.A. No. 6735)

APPLICATION

Q: Several citizens, unhappy with the proliferation of

families dominating the political landscape, decided to
take matters into their own hands. They proposed to
come up with a people's initiative defining political
dynasties. They started a signature campaign for the
purpose of coming up with a petition for that purpose.
Some others expressed misgivings about a people's
initiative for the purpose of proposing amendments to
the Cons titution, however. They cited the Court's
decision in Santiago v. Commission on Elections (G.R.
No. 127325 19 Mar. 1997), as authority for their
position that there is yet no enabling law for such
purpose. On the other hand, there are also those who
claim that the individual votes of the justices in
Lambino v COMELEC {G.R. No. 174153, 25 Oct. 2006),
mean that Santiago's pronouncement has effectively
been abandoned. If you were consulted by those behind
the new attempt at a people's initiative, how would you
advise them? (2014 BAR)

UNIVERSITY OF S A NTO TOMAS 40

20 22 GOLDEN NOTES
 QuAMTO ( 1987-2021)
IV. EXECUTIVE DEPARTMENT
A. QUALIFICATIONS, ELECTION, AND TERM OF THE
PRESIDENT AND VICE- PRESIDENT
(2020-2021 BAR)
Q: Can a charismatic and effective 30-year-old former
mayor of a chartered city in Metro Manila legally run for
President of the Republic of the Philippines in the 2022
elections? Explain briefly. (2020-2021 BAR)
A: No, He is not qualified because he is only thirty years old.
Under the Constitution, no person may be elected President
unless he is at least forty years of age on the day of the
election. (Sec 2, Art. VII, 1987 Constitution)
B. PRIVILEGES, INHIBITIONS, AND
DISQUALIFICATIONS
PRESIDENTIAL IMMUNITY
(2018, 2010 BAR)
Q: Will the president's immunity from suit continue
even after his term has ended, considering that the
events covered by the petition took place during his
terms? (2018 BAR)
A: NO. The presidential immunity from suit exists only in
concurrence with the President's incumbency. A non-sitting
President cannot claim immunity even if the acts
complained of were com mitted while he was still a sitting
President. The reason for this is that if the immunity is not
granted while he is in office, he might be spending all his
time in attend ing t o litigations. After his term, he can
already attend to them. [Estrada v. Desierto, G.R. Nos.
146710-15, 146738, 03 Apr. 2001; Rodriguez v. Macapagal-
Arroyo, G.R. Nos. 191 805 & 193160, 15 Nov. 2011)
Q: Upon complaint of the incumbent President of the
Republic, "A" was charged with libel before the
Regional Trial Court. "A" moved to dismiss the
information on the ground that the Court had no
jurisdiction over the offense charged because the
President, being immune from suit, should also be
disqualified from filing a case against "A" in court.
Resolve the motion. (2010 BAR)
A: The motion should be denied. The immunity of the
President from suit is personal to the President. It may be
invoked by the President only and not by any other person.
(Soliven vs. Makasiar, G.R. No. 82585, 14 Nov. 1988)
41
PRESIDENTIAL PRIVILEGE
(2019, 2010 BAR)
Q: Distinguish "presidential communications privilege"
from "deliberative process privilege." (2010 BAR)
A: Presidential communications privilege applies to the
decision-making of the President. The deliberative process
privilege applies to the decision-making of executive
officials. Unlike the "deliberative process privilege, "the
presidential communications privilege" applies to
documents in their entirety and covers final and post-
decisional matters, as well as pre- deliberative ones. The
deliberative process privilege includes advisory opinions,
recommendations and deliberations comprising part of a
process by which governmental decisions and policies are
formulated. (Neri v. Sena te Committee on Accountability of
Public Officers and Investiga tions, G.R. No. 180643, 04 Sept.
2008)
Q: A committee of the Senate invited Mr. X and Mr. Y, the
Secretary of Foreign Affairs and Secretary of Energy,
respectively, as resource speakers for an inquiry in aid
legislation. Mr. X refused to attend, arguing that the
Senate, not its committee, has the power to compel
attendance . Meanwhile, Mr. Y attended the committee
hearing but upon being asked about discussions made
during a closed-door cabinet meeting, he refused to
answer invoking executive privilege. The committee
members insisted that Mr. Y answer the question
pursuant to the right of Congress to information from
the executive branch. (2019 BAR)
Is Mr. Y's refusal to answer based on executive privilege
valid? Explain.
A: YES, Mr. Y's refusal is valid. The privilege includes
presidential conversations, correspondences, or
discussions during closed-door Cabinet meetings. The
intention of the President to prevent leakage of information
to the public is crystal clear because the discussions were
made in a "closed-door meeting." (Sereno v. Committee on
Trade and Related Matters, G.R. No.175210, 01 Feb. 2016)
ALTERNATIVE ANSWER:
NO. Only the President or the Executive Secretary by order
of the President can invoke executive privilege. (Senate of
the Philippines v. Ermita, G.R. No. 169777, 20 Apr. 2006)
Though executive privilege may be extended through the
Executive Secretary via an order, absent such formal
extension of privilege in favor of Mr. Y, the cabinet secretary
could not on his own authority invoke the privilege. (In all
instances, there exists a presumption that inclines heavily
against executive secrecy and in favor of disclosure.) (Neri
v. Senate Committee on Accountability, G.R. No. 180643, 04
Sept. 2008)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
C. POWERS OF THE PRESIDENT
1. GENERAL EXECUTIVE AND ADMINISTRATIVE
POWERS
(2020-21, 2014, 2003 BAR)
Q: A Senator filed a petition for mandamus to compel a
newly elected President to sign, approve, and transmit
to the Senate for its ratification the treaty creating the
International Criminal Court. Should this petition
prosper? Explain briefly. (2020-2021 BAR)
A: NO. The President may not be compelled to submit the
treaty to the Senate for its concurrence.
It is within the authority of the President to refuse to submit
a treaty to the Senate or, having s ecured its consent for its
ratification, refuse to ratify it. The refusal of a state to ratify
a treaty which has been signed in its behalf is a decision
which is within the competence of the President alone,
which cannot be encroached upon by the courts via a writ
of mandamus. Courts have no jurisdiction over actions
seeking to enjoin the President in the performance of his
official duties. The writ of mandamus prayed for by the
petitioners cannot prosper or be granted as it is beyond the
jurisdiction of courts to compel the executive branch of the
government to transmit the signed text of the treaty to the
Senate. (Pimentel v. Executive Secretary, C.R. No. 158088, 16
July 2008, cited in Pangilinan v. Cayetano, C.R. Nos. 238875,
239483 & 240954, 16 Mar. 2021)
Q: The President, concerned about persistent reports of
widespread irregularities and she nanigans related to
the alleged ghost projects with which the pork barrel
funds of members of Congress had been associated,
decided not to release the funds authorized under a
Special Appropriations Act for the construction of a
new bridge. The Chief Executive explained that, to
properly conserve and preserve the limited funds of the
government, as w ell as to avoid further mistrust by the
people, such a project - which he considered
unnecessary s ince there was an old bridge near the
proposed bridge which was still functional - should be
scrapped. Does the President have such authority?
( 2014 BAR)
A: The President has the authority to withhold the release
of the funds under a Special Appropriation Act for a project
he considered unnecessary. The faithful execution of the
laws requires the Pr es ident to desist from implementing a
law if doing so will prejudice the public interest. It is folly to
require the President to spend the entire amounts
appropriated in the law in such a case. (Philippine
Constitution Association v. Enriquez, C.R. No. 113105, 19 July
1994)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
ALTERNATIVE ANSWER:
The President does not possess the authority to scrap the
Special Appropriations Act to construct the new bridge. His
refusal to spend the funds appropriated for the purpose is
unlawful. The President is expected to faithfully implement
the purpose for which Congress appropriated funds.
Generally, he cannot replace legislative discretion with his
own personal judgment as to the wisdom of a law. (A rau/lo
v. Aquino, C.R. No. 209287, 01 July 2014)
Q: The President abolished the Office of the
Presidential Spokesman in Malacafiang Palace and a
long-standing Bureau under the Department of Interior
and Local Governments. The employees of both offices
assailed the action of the President for being an
encroachment of legislative powers and thereby void.
Was the contention of the employees, correct? Explain.
(2003 BAR)
A: The contention of the employees is not correct. Sec. 31,
Book III of the Administrative Code ofl 987has delegated the
President's continuing authority to reorganize the
administrative structure of the Office of the President to
achieve simplicity, economy and efficiency. (Buk/od nq
Kawaninq EIIB v. Zamora, C.R. Nos. 142801-802, 10 July
2001) Since this incl udes the power to abolish offices, the
President can abolish the Office of the Presidential
Spokesman, provided it is done in good faith. The President
can also abolish the Bureau in the Department of Interior
and Local Governments, provided it is done in good faith
because the President has been granted con tinuing
authority t o reorganize the administrative structure of the
National Government to effect economy and promote
efficiency. The powers include the abolition of government
offices. [Presidential Decree No. 1416, as amended by
Presidential Decree No. 1772; Larin v. The Executive
Secretary, C.R. No.112745, 16 Oct.1997)
2 . POWER OF APPOINTMENT
a. IN GENERAL
(2017, 2016, 2014, 2013, 2003, 1994 BAR)
Q: What is the nature of an "acting appointment" to a
government office? Does such an appointment give the
appointee the right to claim that the appointment will,
in time, ripen into a permanent one? Explain. (2003
BAR)
A: According to Sevilla v. Court ofAppeals (C.R. No. l-41182-
3, 16Apr.1988) an acting appointment is merely temporary .
A temporary appointment cannot become a permanent
appointment unless a new appointment which is
permanent is made. (Marohombsar v. A/onto, C.R. No. 93711,
25 Feb. 1991) This holds true unless the acting appointment
was made because of a temporary vacancy. In such a case,
the temporary appointee holds office until the assumption
of office by the permanent appointee.
42
 QuAMTO ( 1987-2021)
Q: When is an appointment in the civil service
permanent? Distinguish between an "appointment in
an acting capacity" extended by a Department
Secretary from an ad interim appointment extended by
the President. Distinguish between a provisional and a
temporary appointment. (1994 BAR)
A:
1. Under Sec. 25(a) of the Civil Service Decree, an
appointment in the civil service is PERMANENT
when issued to a person who meets all the
requirements for the position to which he is being
appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of
law, rules and standards promulgated in pursuance
thereof. (UPLC Suggested Answers)
2. An appointment in an ACTING CAPACITY extended
by a Department Secretary is not permanent but
temporary. Hence, the Department Secretary may
terminate the services of the appointee at any time.
On the other hand, an AD INTERIM APPOINTMENT
extended by the President is an appointment which
is subject to confirmation by the Commission on
Appointments and was made during the recess of
Congress. An ad interim appointment is
permanent. (Summers v. Ozaeta, G.R. No. L-1534 25
Oct.1948)
3. In Sec. 24 (d) of the Civil Service Act of 1959, a
TEMPORARY APPOINTMENT is one issued to a
person to a position needed only fo r a limited
period not exceeding six months. Under Sec. 25(b)
of the Civil Service Decree, a temporary
appointment is one issued to a person who meets
all the requirements for the position to which he is
being appointed except the appropriate civil
service eligibility because of the absence of
appropriate eligibles and it is necessary in the
public Interest to fill the vacancy. On the other
hand. Sec. 24(e) of the Civil Service Act of 1959
defined a PROVISIONAL APPOINTMENT as one
issued upon the prior authorization of the Civil
Service Commission in accordance with its
prov1s10ns and the rules and standards
promulgated in pursuance thereto to a person who
has not qualified in an appropriate examination but
who otherwise meets the requirements for
appointment to a regular position in the
competitive service, whenever a vacancy occurs
and the filling thereof is necessary in the interest of
the service and there is no appropriate register of
eligibles at the time of appointment. Provisional
appointments in general have already been
abolished by Republic Act 6040. However, it still
applies with regard to teachers under the Magna
Carta for Public School Teachers. (UPLC Suggested
Answers)
43
Q: The President appoints the Vice President as his
Administration's Housing Czar, a position that requires
the appointee to sit in the Cabinet. Although the
appointment of the members of the Cabinet requires
confirmation by the Commission on Appointment (CA),
the Office of the President does not submit the
appointment to the CA. May the Vice President validly
sit in the Cabinet? (2017 BAR)
A: YES. Under Sec. 3 Art. VII of the 1987 Constitution, The
Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.
Q: While Congress was not in session, the President
appointed Antero as Secretary of the Department of
Tourism (DOT), Benito as Commissioner of the Bureau
oflmmigration (BI), Clodual do as Chairman of the Civil
Service Commission (CSC), Dexter as Chairman of the
Commission on Human Rights (CHR), and Emmanuel as
Philippine Ambassador to Cameroon. The following
day, all the appointees took their oath before the
President, and commenced to perform the functions of
their respective offices. (2016 BAR)
(a) Characterize the appointments, whether
permanent or temporary; and whether regular
or interim, with reasons.
A: The appointment of Antero as Secretary of Tourism is ad
interim because it is subject to confirmation of the
Commission on Appointments and was made while
Congress w as not in session. He can start performing his
duties upon his acceptance, because it is permanent and
cannot be withdrawn after its acceptance. [Matibag v.
Benipayo, G.R. No. 149036, 02 Apr. 2002)
The appointment of Benito as Commissioner of the Bureau
of Immigration is regular and permanent. It is not required
to be confirmed by the Commission on Appointments. He
can start performing his duties upon acceptance of the
appointment. (Sec. 16, Art. VII, 1987 Constitution)
The appointment of Clodualdo as Chairman of the Civil
Service Commission is ad interim because it is subject to
confirmation by the Commission on Appointments and was
made while Congress was not in session. He can start
performing his duties upon his acceptance of the
appointment, because it is permanent and cannot be
withdrawn.
The appointment of Dexter as Chairman of the Commission
on Human Rights is regular and permanent upon his
acceptance. It is not required to be confirmed by the
Commission on Appointments. He can start performing his
duties upon his acceptance. [Bautista v. Salonga G.R. No.
86439, 13 Apr. 1989)
The appointment of Emmanuel as ambassador to Cameroon
is ad interim because it is subject to confirmation by the
Commission on Appointment. (Sec. 16, Art. VII, 1987
Constitution)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
(b) A civil society group, the Volunteers Against
Misguided Politics (VAMP), files suit, contesting
the legality of the acts of the appointees and
claiming that the appointees should not have
entered into the performance of the functions
of their respective offices, because their
appointments had not yet been confirmed by
the Commission on Appointments. Is this claim
of VAMP correct? Why or why not?
A: NO. The claim of VAMP is not correct. The Commission of
Investigation and the Commission on Human Rights can
immediately start performing their functions upon
acceptance since they are not required to be confirmed. The
Secretary of the Department of Tourism and the Chairman
of the Civil Service Commission, disbursements of their
salaries and emoluments are valid.
Q: Margie has been in the judiciary for a long time,
starting from the lowest court. Twenty (20) years from
her first year in the judiciary, she was nominated as a
Justice in the Court of Appeals. Margie also happens to
be a first-degree cousin of the President. The Judicial
and Bar Council included her in the short-list submitted
to the President whose term of office was about to end
-a month before the next presidential elections. Can the
resident still make appointments to the judiciary
during the so-called midnight appointment ban period?
Assuming that he can still make appointments, could he
appoint Margie, his cousin? (2014 BAR)
A: NO, the President cannot make appointments to the
Court of Appeals. The President can make appointments
only to the Supreme Court two months before a presidential
election until the end of his term, b ut not to the rest of the
Judiciary like the Court of Appeals . Under Sec, 4(1), Art. Vlll
of the Constitution, vacancies in the Supreme Court shall be
filed within ninety (90) days from the occurrence of the
vacancy. Under Sec. 9, Art. Vlll of the Constitution, vacancies
in the lower courts shall be filled within ninety (90) days
from submission of the list of nominees. These
appointments a re screened by the Judicial and Bar Council,
and the process n ecessarily precludes or prevents the
President from making purely political appointments to the
courts, which is what is sought to be prevented by the
prohibition. (De Castro v. Judicial and Bar Council, C.R. No.
191002, 20 Apr. 2010)
Assuming he can still make appointments, the President
may appoint his first cousin as Justice of the Court of
Appeals. The prohibition in Sec. 13, Art. Vll of the
Constitution against appointment by the President of
relatives within the fourth degree by consanguinity or
affinity does not extend to appointments to the Judiciary.
Q: While Congress was in session, the President
appointed eight acting Secretaries. A group of Senators
from the minority bloc questioned the validity of the
appointments in a petition before the Supreme Court
on the ground that while Congress is in session, no
appointment that requires confirmation by the
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
Commission on Appointments can be made without the
latter's consent, and that an undersecretary should
instead be designated as Acting Secretary. Should the
petition be granted? (2013 BAR)
A: NO, the petition should not be granted. The Department
Head is an alter ego of the President and must enjoy his
confidence even if the appointment will be merely
temporary. The Senators cannot require the President to
designate an Undersecretary to be the temporary alter ego
of the President. (Pimentel v. Ermita, C.R. No.164978, 13 Oct.
2005)
b. CONFIRMATION AND BY-PASSED APPOINTMENTS
Q: The President appointed Dexter I. Ty as Chairperson
of the COMELEC on June 14 , 2011, for a term of seven
(7) years pursuant to the 1987 Constitution. His term of
office started on June 2, 2011 to end on June 2, 2018.
Subsequently, the President appointed Ms. Marikit as
the third me mber of the COMELEC for a term of seven
(7) years starting June 2, 2014 until June 2, 2021. On
June 2, 2015, Chairperson Ty retired optionally after
serving the government for thirty (30) years. The
Preside nt then appointed Commissioner Marikit as
COMELEC Chairperson. The Commission on
Appointments confirmed her appointment. The
appointment papers expressly indicate that Marikit
will serve as COMELEC Chairperson "until the
expiration of the original term of her office as CO MEL EC
Commissioner or on June 2, 2021." Matalino, a
taxpayer, file s a petition for certiorari before the
Supreme Court asserting that the appointment of
Marikit as COMELEC Chairperson is unconstitutional
for the following reasons: (1) The appointment of
Marikit as COMELEC Chairperson constituted a
reappointment which is proscribed by Section 1 (2),
Article IX of the 1987 Constitution; and (2) the term of
office expressly stated in the appointment papers of
Marikit likewise contravenes the aforementioned
constitutional prov1s10n. Will the constitutional
challenge succeed? Explain. (2015 BAR)
A: The first argument is untenable since Commissioner
Mari kit was not reappointed but actually was a promotional
appointment as she had not yet fully served her term. What
the Constitution prohibits is a reappointment of a COMELEC
Commissioner after serving the seven-year term. On the
second argument, the limitation of the term of
Commissioner Marikit as chairman until expiration of her
original term on June 2, 2021 is valid only until June 8, 201 8,
that is, the unexpired portion of the last chairman's term but
invalid if until 2021 as it exceeds the limitation. A
promotional apportionment is allowed provided that the
aggregate period of the term of the appointee will not
exceed seven years and that the rotational scheme of
staggering terms of the commission membership is
maintained. (Funa v. Ermita, C.R. No.192791, 24Apr. 2 012)
44
 QuAMTO ( 1987-2021)
c. MIDNIGHT AND AD INTERIM APPOINTMENTS
(2010, 2005 BAR)
Q: A was a career Ambassador when he accepted an ad
interim appointment as a cabinet Member. The
Commission on Appointment bypassed his ad interim
appointment, however, and he was not re-appointed.
Can he re-assume his position as career Ambassador?
(2010 BAR)
A: The career Ambassador cannot re-assume his position as
career Ambassador. His ad interim appointment as Cabinet
Member was permanent. (Summers v. Ozaeta, G.R. No. L-
1534 25 Oct. 1948) He abandoned his position as
Ambassador when he accepted his appointment as Cabinet
Member because as Cabinet Member, he could not hold any
other office during his tenure. (Sec. 13, Art. VII, 1987
Constitution)
Q: In March 2001, while Congress was adjourned, the
President appointed Santos as Chairman of the
Commission on Elections. Santos immediately took his
oath and assumed office. While his appointment was
promptly submitted to the Commission on
Appointments for confirmation, it was not acted upon
and Congress again adjourned. In June 2001, the
President extended a second ad interim appointment to
Santos for the same position with the same term, and
this appointment was again submitted to the
Commission on Appointments for confirmation. Santos
took his oath anew and performed the functions of his
office.
Reyes, a political rival, filed a suit assailing certain
orders issued by Santos. He also questioned the validity
of Santos' appointment. Resolve the foll owing issues:
(2005 BAR)
(a) Does Santos' assumption of office on the basis
of the ad interim appointments issued by the
President amount to a temporary appointment
which is prohibited by Section 1 (2), Article IX-
C of the Constitution?
A: The assumption of office by Santos based on one ad
interim appointment issued by the President does not
amount to a temporary appointment. An ad interim
appointment is a permanent appointment, because it takes
effect immediately and can no longer be withdrawn by the
president once the appointee has qualified for office. (Sec.
16 (2), Art. VII, 1987 Constitution; Matibag v. Benipayo, G.R.
No. 149036, 02 Apr. 2002)
(b) Assuming the legality of the first ad interim
appointment and assumption of office by
Santos, were his second ad interim
appointment and subsequent assumption of
office to the same position violations of the
prohibition on reappointment under Section 1
(2), Article IX-C of the Constitution?
45
A: The second ad interim appointment of Santos does not
violate the prohibition against reappointment under Sec.
1(2) Art. IX-C, 1987 Constitution. The prohibition does not
apply to a by-passed ad interim appointment because it has
not been finally disapproved by the Commission on
Appointments. [Matibag v. Benipayo, G.R. No. 149036, 02
Apr. 2002) The prohibition against reappointment in the
Constitution presupposes the end of the term. After the end
of the term, he cannot be reappointed.
d. POWER OF REMOVAL
D. POWER OF CONTROL AND SUPERVISION
(2015, 2009 BAR)
1. DOCTRINE OF QUALIFIE D POLITICAL AGENCY
Q: TRUE or FALSE: The president exercises the power of
control over all executive departments and agencies,
including government-owned or controlled
corporations. (2009 BAR)
A: TRUE. Under Section 18, Article VII of the Constitution
the President has control of all executive departments,
bureaus and offices. His power of control extends to
agencies with respect to their administrative functions,
even if they are performing quasi-judicial functions (Cruz v.
Secretary of Environment and Natural Resources, 347 SCRA
128, 2000) and to government-owned or controlled
corporations. (National Marketing Corporation v. Acra, G.R.
No. L-25743, 30 Sept.1969)
Q: A law provides that the Secretaries of the
Departments of Finance and Trade and Industry, the
Governor of the Central Bank, the Director General of
the National Economic Development Authority, and the
Chairperson of the Philippine Overseas Construction
Board shall sit as ex- officio members of the Board of
Directors (BOD) of a government owned and controlled
corporation (GOCC). The other four (4) members shall
come from the private sector. The BOD issues a
resolution to implement a new organizational
structure, staffing pattern, a position classification
system, and a new set of qualification standards. After
the implementation of the Resolution, Atty. Dipasupil
questioned the legality of the Resolution alleging that
the BOD has no authority to do so. The BOD claims
otherwise arguing that the doctrine of qualified
political agency applies to the case. It contends that
since its agency is attached to the Department of
Finance, whose head, the Secretary of Finance, is an
alter ego of the President, the BOD's acts were also the
acts of the President. Is the invocation of the doctrine
by the BOD proper? Explain. (2015 BAR)
A: The invocation by the Board of directors of the doctrine
of qualified political agency is improper.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
The doctrine of qualified political agency essentially
postulates that the heads of the various executive
departments are the alter egos of the President, and, thus,
the actions taken by such heads in the performance of their
official duties have deemed the acts of the President unless
the President himself should disapprove such acts. This
doctrine is in recognition of the fact that in our presidential
form of government, all executive organizations are
adjuncts of a single Chief executive; that the heads of the
executive Departments are assistants and agents of the
Chief Executive; and that the multiple executive functions of
the president as the Chief Executive are performed through
the Executive Departments. The doctrine has been adopted
here out of practical necessity, considering that the
President cannot be expected to personally perform the
multifarious functions of the executive office.
The Cabinet Members sat on the Board of Directors ex
officio, or because of their office or function, "not because of
their direct appointment to the Board by the president. It
was the law, not the President, that sat them in the Board."
Under the circumstances, when the members of the Board
of Directors affected the assailed ... reorganization, they
were acting as the responsible members of the Board of
Directors constituted pursuant to the law, not as the alter
egos of the President. {Trade and Investment Development
Corporation of the Philippines v. Manalang-Demigillo, C.R.
No. 185571, 05 Mar. 2013; Manalang-Demigillo v. Trade and
Investment Development Corporation of the Philippines, C. R.
No.168613, 05 Mar. 2013)
2. EXECUTIVE DEPARTMENTS AND OFFICES
3. LOCAL GOVERNMENT UNITS
E. EMERGENCY POWERS
(2019, 2010, 2006, 2005 BAR)
CONCEPTS
Q: True or False: A proclamation of a state of emergency
is sufficient to allow the President to take over any
public utility (2010 BAR)
A: The statement that a proclamation of emergency is
sufficient to allow the President to take over any public
utility is false. Since it is an aspect of emergency powers, in
accordance with Section 23 (2), Article VI of the
Cons titution, there mus t be a law delega ting such power to
the President. (David v. Macapagal-Arroyo, C.R. No. 171396
03 May2006)
Q: To give the much-needed help to the Province of
Aurora devastated by typhoons and torrential rains,
the President declared it in a "state of calamity." Give at
least four (4) legal effects of such a declaration. (2005
BAR)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
A: Declaration of a state of calamity produces, inter alia,
these legal effects within the Province of Aurora:
1. Automatic Price Control - under R.A. No. 7581,
The Price Act;
2. Authorization for the importation of rice under
R.A. No. 8178, The Agricultural Tarrification Act;
3. Automatic appropriation under R.A. No. 7160 is
available for unforeseen expenditures arising from
the occurrence of calamities in areas declared to be
in a state of calamity;
4. Local government units may enact a supplemental
budget for s upplies and materials or payment of
services to prevent danger to or loss of life or
property, under R.A. No. 7160;
5. Entitlement to hazard allowance for Public
Health Workers (under R.A. No. 7305, Magna Carta
f or Public Health Workers), who shall be
compensated hazard allowances equivalent to at
least twenty -five percent (25 %) of the monthly
basic salary of health workers receiving salary
grade 19 and below, and five percent (5%) for
health workers with salary grade 20 and above;
and
6. Entitlement to hazard allowance for science and
technological personnel of the government
I under R.A. No. 8439; and 7. A crime committed
during a state of calamity will be considered
I aggravated under Art.14, par. 7 ofthe Revised Penal
Code.
APPLICATION
Q: The continuing threat to the security of the State in
various parts of the country prompted the National
Security Adviser of the President to adopt a
"Comprehensive National Security Strategy (CNSS)"
with the following components:
Component 1: During a state of emergency, the
President, in the exercise of his power of general
supervision, may delegate to the heads of local
government units (LGUs), through an administrative
issuance, the power to call-out the Armed Forces of the
Philippines (AFP) for a more effective and immediate
response to the ground situation; and
Component 2: In declaring Martial Law, the President,
in a preemptive action and without waiting for the
recommendation of the Secretary of National Defense
and the AFP, may rely upon any intelligence
information he may have gathered through other
sources.
Disturbed by the strategy's supposed infirmities, a
concerned citizens' organization raised the
46
 QuAMTO ( 1987-2021)

constitutionality of the two (2) components of the CNSS

before the Supreme Court. (2019 BAR) F. MILITARY POWERS
(2017, 2015 BAR)
(a) Is component 1 of the CNSS constitutional?
Explain.
Q: Distinguish the President's authority to declare a
A: NO, component 1 of the CNSS is not constitutional. Inside
state ofrebellion from the authority to proclaim a state
the 1987 Constitution is a well-entrenched constitutional
of national emergency. (2015 BAR)
precept that One President means that there are certain acts
which, by their very nature, may only be performed by the
A: The power of the President to declare a state of rebellion
president as the Head of State. One of the acts is one
is based on the power of the President as chief executive
inherent in the Commander-in-Chief powers of the
and commander-in-chief of the Armed Forces of the
president which is the calling out powers. This power is
Philippines to suppress it. It is not necessary for the
vested upon the President alone as an act of lesser gravity
President to declare a state of rebellion before calling out
with the act of declaring martial law. As cited in Villena,
the Armed forces of the Philippines to suppress it. The
there are constitutional powers and prerogatives of the
proclamation only gives notice to the nation that such a
Chief Executive of the Nation which cannot be used by any
state exists and that the Armed Forces of the Philippines
other person either through ratification or approval
may be called upon to suppress it (Sanlakas v. Executive
because it must be exercised by him in person. (Kulayan v.
Secretary, G.R. No.1 59085, 03 Feb. 2004). On the other hand,
Gov. Tan, G.R. No. 187298, 03 July. 2012)
a proclamation of a state of national emergency, the
President is already calling out the Armed Forces of the
(b) Is component 2 of the CNSS constitutional?
Philippines to supp ress not only rebellion but also lawless
Explain.
violence. [David v. Arroyo, G.R. No. 171396, 03 May 2006)

A: YES, component 2 of the CNSS is constitutional. A plain

Q: Typhoon Bangis devastated the Province of
reading of Section 18, Article VII of the Constitution shows
Sinagtala. Roads and bridges were destroyed which
that the President's power to declare martial law is not
impeded the entry of vehicles into the area. This caused
subject to any condition except for the requirements of
food shortage resulting in massive looting of grocery
actual invasion or rebellion and that public safety requires
stores and malls. There is power outage also in the area.
it. In Lagman v. Medialdea, the Court ruled that even the
For these reasons, the governor of the province
recommendation of, or consultation with, the Secretary of
declares a s tate of emergency in their province through
National Defense, or other high-ranking military officials, is
Proclamation No. 1. He also invoked Section 465 of the
not a condition for the President to declare martial law.
Local Government Code of 1991 (R.A. No. 7160) which
Therefore, it is only on the President and no other that the
vests on the provincial governor the power to carryout
exercise of the powers of the Commander-in-Chief under
emergency measures during man-made and natural
Section 18, Article VII of the Constitution is bestowed.
disasters and calamities, and to call upon the
(Lagman v. Medialdea, G.R. No. 231658, 04 July 2017)
appropriate national law enforcement agencies to
suppress disorder and lawless violence. In the same
Q: On February 24, 2006, President Gloria Macapagal-
proclamation, the governor called upon the members
Arroyo issued Proclamation No. 1017 declaring a state
of the Philippine National Police, with the assistance of
of national emergency. Is this Proclamation
the Armed Forces of the Philippines, to set up
constitutional? Explain. (2006 BAR)
checkpoints and chokepoints, conduct general
searches and seizures including arrests, and other
A: The procla mation is constitutional insofar as it
actions necessary to ensure public safety. Was the
constitutes a call by the President for the AFP to prevent or
action of the provincial governor proper? Explain.
suppress lawless violence. This is just pursuant to the
(2015 BAR)
President's calling-out power under Sec. 18, Art. VII of the
Constitution.
A: NO, the provincial governor is not endowed with the
power to call upon the armed forces at his own bidding. In
However, pp 101 l's provisions giving the President express
issuing the assailed proclamation, Governor Tan exceeded
or implied power (1) to issue decrees; (2) to direct the AFP
his authority when he declared a state of emergency and
to enforce obedience to all laws even those not related to
called upon the Armed Forces and the police. The calling-
lawless violence as well as decrees promulgated by the
out powers contemplated under the Constitution is
President; and (3) to impose standards on media or any
exclusive to the President. An exercise by another official,
form of prior restraint on the press, are ultra vires and
even ifhe is the local chief executive, is ultra vires, and may
unconstitutional. Likewise, under Sec. 17, Art. XII of the
not be justified by the invocation of Section 465 of the Local
Constitution, the President, in the absence of legislation,
Government Code since said provision only refers to
cannot take over privately-owned public utilities and
calamities and disasters only and not of looting as in the
businesses affected with the public interest. [David v.
instant case. (Kulayan vs Tan, G.R. No. 187298, 03 July 2012)
Arroyo, G.R. No. 171396, 03 May 2006)

47 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
PRINCIPLE OF COMMAND RESPONSIBILITY
Q: Command responsibility pertains to the
responsibility of commanders for crimes committed by
subordinate members of the armed forces or other
persons subject to their control in international wars or
domestic conflicts. The doctrine has now found
application in civil actions for human rights abuses and
proceedings seeking the privilege of the writ of
Amparo.
May the doctrine of command responsibility apply to
the President for the abuses of the armed forces (AFP
and PNP) given his unique role as the commander-in-
chief of all the armed forces? Explain your answer.
(2017 BAR)
A: YES. The President may be held accountable under the
principle of command responsibility. Being the
commander-in-chief of all armed forces, he necessarily
possesses control over the military which qualifies him as a
superior within the purview of the command responsibility
doctrine.
On the knowledge issue, it must be pointed out that
although international tribunals apply a strict standard of
knowledge, i.e. actual knowledge, the same may be
established through circumstantial evidence. In the
Philippines, a more liberal view is adopted, and superiors
may be charged with constructive knowledge.
As to the failure to prevent or punish, it is important to note
that as the commander-in-chief of the armed forces, the
President has the power to effectively command, control
and discipline the military. (Rodriguez v. CMA, C. R. Nos.
1918 05 & 1931 60, 15 Nov. 2011)
1. CALLING OUT POWERS
Q: What do you mean by the "Calling-out Power" of the
President under Section 18, Article VII of the
Constitution? (20 06 BAR)
A: The ca lling-out power of the President refers to the
power of the President to order the armed forces, whenever
it becomes necessary, to suppress lawless violence,
invasion or rebellion. (David v. Macapagal- Arroyo, C.R. No.
171396, 03 May2006)
2. DECLARATION OF MARTIAL LAW AND SUSPENSION
OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS;
EXTENSION
(2020-21, 2006, 2000 BAR)
Q: To contain the spread of a virus, and in line with the
World Health Organization's declaration of a pandemic,
the President declared Martial law throughout the
entire Philippine archipelago. As an additional
justification, the Proclamation declaring martial law
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
cited the possibility that health protocols might not be
followed.
A law student filed a petition before the Supreme Court
questioning the sufficiency of the constitutional and
factual bases for the martial law declaration.
Does the law student have standing to file this action?
Explain briefly. (2020-21 BAR)
A: YES. Under the Constitution, any citizen may file an
appropriate proceeding questioning the sufficiency of the
factual basis for any proclamation of martial law or
suspension of the privilege of the writ of habeas corpus. (Sec.
18(3), Art VII, 1987 Constitution; Lagman v. Medialdea, C.R.
No. 231658, 04 July 2017)
Q: The President issued a Proclamation No. 1018
placing the Philippines under Martial Law on the
ground that a rebellion staged by lawless elements is
endangering the public safety. Pursuant to the
Proclamation, s uspected rebels were arrested and
detained, and military tribunals were set up to try
them. Robert dela Cruz, a citizen, filed with the
Supreme Court a petition questioning the validity of
Proclamation No. 1018. (2006 BAR)
(a) Does Robert have a standing to challenge
Proclamation No. 1018? Explain.
A: YES, Robert has standing. Under Article VIII, Section 17 of
the 1987 Constitution, the Su preme Court may review, in an
appropriate proceeding filed by any citizen, the s ufficiency
of the factual basis of the proclamation of martial law. As
citizen therefore, Robert may file the petition questioning
Proclamation No. 1018 .
I (b) In the same suit, the Solicitor General contends
that under the Constitution, the President as
Commander-in-Chief, determines whether the
exigency has arisen requiring the exercise of
his power to declare Martial Law and that his
determination is conclusive upon the courts.
How should the Supreme Court rule?
A: The Supreme Court should rule that his determination is
not conclusive upon the courts. The 1987 Constitution
allows a citizen, in an appropriate proceeding, to file a
petition questioning the sufficiency of the factual basis of
said proclamation. Moreover, the power to suspend the
privilege of the writ of habeas corpus and the power to
impose martial law involve the curtailment and
suppression of certain basic civil rights and individual
freedoms, and thus necessitate safeguards by Congress and
review by the Supreme Court (IBP v. Zamora, C.R. No.
141284, 15 Aug. 2000).
( c) The Solicitor General argues that, in any event,
the determination of whether the rebellion
poses danger to public safety involves a
question of fact and the Supreme Court is not a
48
 QuAMTO ( 1987-2021)
trier of facts. What should be the ruling of the
Court?
A: 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. (Sec. 1 (2),
Art. VIII, 1987 Constitution) When the grant of power is
qualified, conditional or subject to limitations, the issue of
whether the prescribed qualifications or conditions have
been met or the limitations respected, is justiciable - the
problem being one of legality or validity, not its wisdom.
The Supreme Court has the power to review, in an
appropriate proceeding filed by any citizen, the sufficiency
of the factual basis of the proclamation of martial law. (Sec.
18, Art. VII, 1987 Constitution) Thus, in the matter of such
declaration, two conditions must concur: (1) there must be
an actual invasion or rebellion; and (2) public safety must
require it. The Supreme Court cannot renege on its
constitutional duty to determine whether or not the said
factual conditions exist. (IBP v. Zamora, G.R. No. 141284, 15
Aug.2000)
( d) Finally, the Solicitor General maintains that the
President reported to Congress such
proclamation of Martial Law, but Congress did
not revoke the proclamation. What is the effect
of the inaction of Congress on the suit brought
by Robert to the Supreme Court?
A: The inaction of Congress has no effect on the suit brought
by Robert to the Supreme Court as Sec. 18, Art. VII of the
1987 Constitution provides for checks on the President's
power to declare martial law to be exercised separately by
Congress and the Supreme Court. Under said provision, the
duration of martial law shall not exceed sixty days but
Congress has the power to revoke the proclamation or
extend the period. On the other hand, the Supreme Court
has the power to review the said proclamation and
promulgate its decision thereon within thirty days from its
filing. (Sec. 18, Art. VII, 1987 Constitution)
Q: Declaring a rebellion, hostile groups have opened
and maintained armed conflicts on the Islands of Sulu
and Basilan. (2000 BAR)
(a) To quell this, can the President place under
martial law the islands of Sulu and Basilan?
Give your reasons?
A: If public safety requires it, the President can place Sulu
and Basilan under martial law since there is an actual
rebellion. Under Sec.18, Art. VII of the 1987 Constitution, the
President can place any part of the Philippines under
martial law in case of rebellion, when public safety requires
it. (UPLC Suggested Answers)
49
(b) What are the constitutional safeguards on the
exercise of the President's power to proclaim
martial law?
A: The following are the constitutional safeguards on the
exercise of the power of the President to proclaim martial
law:
1. There must be actual invasion or rebellio n;
2. The duration of the proclamation shall not exceed
sixty days;
3. Within forty-eight hours, the President shall report
his action to Congress. If Congress is not in session,
it must convene within twenty-four hours;
4. Congress may by m ajority vote of all its members
voting Jointly revoke the proclamation, and the
President cannot set aside the revocation;
5. By the same vote and in the same manner, upon
Initiative of the President, Congress may extend the
proclamation If the invasion or rebellion continues
and public safety requires the extension;
6. The Supreme Court may review the factual
sufficiency of the proclamation, and the Supreme
Court must decide the case within thirty days from
the time it was filed;
7. Martial law does not automatically suspend the
privilege of the writ of habeas corpus or the
operation of the Constitution; and
8. It does not supplant the functioning of the civil
courts and of Congress. Military courts have no
Jurisdiction over civilians where civil courts are
able to function. (Cruz, 1995)
G. EXECUTIVE CLEMENCY
(2017, 2015, 2008, 2005, 1999, 1997 BAR)
PARDONING POWER
Q: What is the pardoning power of the President under
Art. VIII, Sec.19 of the Constitution?
Is the exercise of the power absolute? (2017 BAR)
A: The pardoning power, as embodied in Sec. 19 ofArt VII, is
as follows: "Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress."
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
The exercise of the pardoning power is not absolute. The
following are the limitations on the pardoning power of the
President:
1. it can be granted only after conviction by Final
judgment, except in cases of amnesty;
2. it cannot be granted in cases of civil or legislative
contempt;
3. it cannot absolve convict of civil liability;
4. it cannot be granted in cases of impeachment;
5. it cannot be granted for violations of election laws
without favorable recommendations of the
COMELEC; and
6. it cannot restore public offices forfeited.
ALTERNATIVE ANSWER:
Except in cases of impeachment, or as otherwise provided
in this Constitution, the President may grant reprieves,
commutations and pardons, and remit fines and forfeitures,
after conviction by final judgment. He shall also have the
power to grant amnesty with the concurrence of a majority
of all the Members of the Congress. (Sec. 19, Art. Vl/, of the
1987 Constitution)
No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules and regulations shall be
granted by the President without the favorable
recommendation of the Commission. (Sec.5, Art. IX-C, 1987
Constitution)
The only instances in which the President may not extend
pardon remain to be in:
1. impeachment cases;
2. cases that have not yet resulted in a final
conviction; and
3. cases involving violations of election laws, rules
and regulations in which there was no favorable
recommendation coming from the COMELEC.
4.
Any act of Congress by way of statute can not operate to
delimit the pardoning power of the Pres ident. (Risos-Vidal
v. COMELEC, C.R. No. 206666, 21 Jan 2015)
Q: Distinguish between pardon and amnesty. (2017,
1999 BAR)
A: The following are the distinctions between pardon and
amnesty:
1. Pardon is a private act and must be pleaded and
proved by the person pardoned; while amnesty is a
public act of which courts take judicial notice;
2. Pardon does not require the concurrence of
Congress, while amnesty requires the concurrence
of Congress;
3. Pardon is grant ed to individuals, while amnesty is
grant ed to classes of persons or communities;
4. Pardon may be granted for any offense, while
amnesty is granted for political offenses;
5. Pardon is granted after final conviction, while
amnesty may be granted at any time; and
UNIVERSITY OF SANTO TOMAS
20 22 GOLDEN NOTES
6. Pardon looks forward and relieves the offender
from the consequences of his offense, while
amnesty looks backward and the person granted it
stands before the law as though he had committed
no offense. (Barrioquinto v. Fernandez, C.R. No. L-
1278, 21 Jan.1949)
ALTERNATIVE ANSWER:
Pardon can be given only after final convictions; amnesty
can be given at any time and even before the filing of a
criminal case. Pardon looks forward; amnesty looks
backward, as if the accused never committed & crime.
Pardon is given to individuals. Amnesty is given to a class of
persons. Pardon is given for all criminal offenses. Amnesty
is given for political offenses. Pardon does not require the
concurrence of Congress. Amnesty requires the
concurrence of Congress. Pardon must be proven, because
it is a private act; amnesty need not be proven, because it is
a public act. (Barriequinto v. Ferrandez, C.R. No. L-1278, 21
Jan. 1949)
Q: What are the constitutional limitations on the
pardoning power of the President? (2015, 1999 BAR)
A: The following are the limitations on the pardoning power
of the President:
1. It cannot be granted in cases of impeachment;
2. Reprieves, commutations, pardon, and remission
of fines and forfeitures can be granted only after
conviction by final judgment;
3. Amnesty requires the concurrence of the majority
of all members of Congress;
4. The favorable recommendation of the COMELEC is
required for violation of election laws, rules and
regulations; and
5. The President cannot pardon members and
employees of the Judiciary found guilty by the
Supreme Court in administrative cases.
Q: The president cannot grant pardon in cases of
impeachment. He may, however, exercise such power
when? (2012 BAR)
A: A person convicted in an impeachment proceeding is
subject to prosecution, trial and punishment in an ordinary
criminal action. (Sec. 19, Art. Vl/, 1987 Constitution)
Q: ST, a Regional Trial Court judge who falsified his
Certificate of Service, was found liable by the Supreme
Court for serious misconduct and inefficiency and
meted the penalty of suspension form office for 6
months. Subs equently, ST filed a petition for executive
clemency with the Office of the President. The Executive
Secretary, acting on said petition issued a resolution
granting ST executive clemency. Is the grant of
executive clemency valid? Why or why not? (2008 BAR)
A: NO. The grant of executive clemency is not valid. First, in
this case, the power of executive clemency cannot be
50
 QuAMTO ( 1987-2021)
delegated for it was not signed by the President himself but
by the Executive Secretary and second, the power of
executive clemency cannot extend to administrative cases
in the Judiciary, because it will violate the principle of
separation of powers and impair the power of the Supreme
Court under Section 6, Article VIII of the Constitution of
administrative supervision over all courts (Petition for
Judicial Clemency of Romillo, G.R. No. 97091, 09 Dec. 1997)
Q: Bruno still had several years to serve on his sentence
when he was conditionally pardoned by the President.
Among the conditions imposed was that he would "not
again violate any of the penal laws of the Philippines."
Bruno accepted all of the conditions and was released.
Shortly thereafter, Bruno was charged with 2 counts of
estafa. He was then incarcerated to serve the expired
portion of his sentence following the revocation by the
President of the pardon.
Bruno's family filed a petition for habeas corpus,
alleging that it was error to have him recommitted as
the charges were false, in fact, half of them were already
dismissed. Resolve the petition with reasons. (2005
BAR)
A: The petition should not be given due course. The grant of
pardon and the determination of the terms and conditions
of a conditional pardon are PURELY EXECUTIVE ACTS
which are not subject to judicial scrutiny. The acceptance
thereof by the convict or prisoner carried with it the
authority or power of the Executive to determine whether a
condition or conditions of the pardon has or have been
violated. Where the President opts to revoke the
conditional pardon given, no judicial pronouncement of
guilt of a subsequent crime is necessary, much less
conviction therefor by final judgment of a court, in order
that a convict may be recommended for the violation of his
conditional pardon. The determination of the occurrence of
a breach of a condition of a pardon, and the proper
consequences of such breach, is a purely executive act, not
subject to judicial scrutiny. (Torres v. Gonzales, G.R. No.
76872, 21 July 1987)
Q: A while serving imprisonment for estafa upon
recommendation of the Board of Pardons and Parole,
was granted pardon by the President on condition that
he should not again violate any penal law of the land.
Later, the Board of Pardons and Parole recommended
to the President the cancellation of the pardon granted
him because A had been charged with estafa on 20
counts and was convicted of the offense charged
although he took an appeal therefrom which was still
pending. As recommended, the President canceled the
pardon he had granted to A. A was thus arrested and
imprisoned to serve the balance of his sentence in the
first case. A claimed in his petition for habeas corpus
filed in court that his detention was illegal because he
had not yet been convicted by final judgment and was
not given a chance to be heard before he was
recommitted to prison. Is A's argument valid? (1997
BAR)
51
A: The argument of A is not valid. As held in Torres v.
Gonzales (G.R. No. 76872, 23 July 1987) a judicial
pronouncement that a convict who was granted a pardon
subject to the condition that he should not again violate any
penal law is not necessary before he can be declared to have
violated the condition of his pardon. Moreover, a hearing is
not necessary before A can be recommitted to prison. By
accepting the conditional pardon, A, agreed that the
determination by the President that he violated the
condition of his pardon shall be conclusive upon him and an
order for his arrest should at once issue. (UPLC Suggested
Answers)
Q: Governor A was charged administratively with
oppression and was placed under preventive
suspension from office during the pendency of his case.
Found guilty of the charge, the President suspended
him from office for ninety days. Later, the President
granted him clemency by reducing the period of his
suspension to the period he has already served. The
Vice Governor questioned the validity of the exercise of
executive clemency on the ground that it could be
granted only in criminal, not administrative, cases. How
should the question be resolved? (1997 BAR)
A: The argument of the Vice Governor should be rejected.
As held in Llamas v. Orbos, (G.R. No. 99031, 15 Oct.1991) the
power of executive clemency extends to administrative
cases. In granting the power of executive clemency upon the
President, Sec. 19, Art. VII of the Constitution does not
distinguish between criminal and administrative cases. Sec.
19, Art. VII of the Constitution excludes impeachment cases,
which are not criminal cases, from the scope of the power
of executive clemency. If this power may be exercised only
in cr iminal cases, it would have been unnecessary to
exclude impeachment cases from this scope. If the President
can grant pardons in criminal cases, with more reason he
can grant executive clemency in administrative cases, which
are less serious. (UPLC Suggested Answers)
1. FORMS AND LIMITATIONS
Q: The first paragraph of Section 19 of Article VII of the
Constitution providing for the pardoning power of the
President, mentions reprieve, commutation, and
pardon. Please define the three of them and
differentiate one from the others. (1988 BAR)
A: The terms were defined and distinguished from one
another as follows:
REPRIEVE is a postponement of the execution of a sentence
to a day certain.
COMMUTATION is a remission of a part of the punishment,
a substitution ofless penalty for the one originally imposed.
PARDON, on the other hand, is an act of grace, proceeding
from the power entrusted with the execution of the laws
which exempts the individual on whom it is bestowed from
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
the punishment the law inflicts for a crime he has
committed. (People v. Vera, C.R. No. l-45685, 16 Nov. 1937)
H. DIPLOMATIC POWER
(2019, 2012, 2009, 1999, 1996 BAR)
Q: Under the 1987 Constitution, to whom does each
duty/ power/ privilege / prohibition/ disqualification
apply: (2019 BAR)
The power to ratify treaties and international
agreements.
A: The President. (Bayan v. Zamora, C.R. No. 138570, 10 Oct.
2000)
ALTERNATIVE ANSWER:
The Senate. (Sec. 21. Art. VII, 1987 Constitution, based on
jurisprudence, Saguisag v. Ochoa, C.R. No. 2 12426, 12 Jan.
2016; Pimentel, Jr. v Executive Secretary, C.R. No. 158088, 06
July 2005)
Q: The president may contract or guarantee foreign
loans on behalf of the Republic of the Philippines only
upon prior concurrence of the? (2012 BAR)
A: Monetary Board. (Sec. 20, Art VII, 1987 Constitution)
Q: What are the restrictions prescribed by the
Constitution on the power of the President to contract
or guarantee foreign loans on behalf of the Republic of
the Philippines? Explain. (1999 BAR)
A: Under Sec. 20, Art VII ofthe Constitution, the power of the
President to contract or guarantee loans on behalf of the
Republic of the Philippines is subject to the prior
concurrence of the Monetary Board a nd subject to such
limitations as may be prescribed by law. (UPLC Suggested
Answers)
Q: Can the House of Representatives take active part in
the conduct of foreign relations, particularly in
entering into treaties and international agreements?
Explain. (1996 BAR)
A: NO, the House of Representatives cannot take active part
in the conduct of foreign relations, particularly in entering
into treaties and international agreements. The President
alone is the representative of the nation in the conduct of
foreign affairs. (United States v. Curtiss-Wright Export
Corporation, 299 U.S. 304, 21 Dec. 1936) Although the Senate
has the power t o concur in treaties, the President alone
negotiates treaties and Congress is powerless to intrude
into this. However, if the matter involves a treaty or an
executive agreement, the House of Representatives may
pass a resolution expressing its views on the matter.
UNIVERSITY OF S A NTO TOMAS
20 2 2 GOLD EN NOTES
Q: The Philippine Government is negotiating a new
security treaty with the United States which could
involve engagement in joint military operations of the
two countries' armed forces. A loose organization of
Filipinos, the Kabataan at Matatandang Makabansa
(KMM) wrote the Department of Foreign Affairs (DFA)
and the Department of National Defense (DND)
demanding disclosure of the details of the negotiations,
as well as copies of the minutes of the meetings. The
DFA and the DND refused, contending that premature
disclosure of the offers and counter-offers between the
parties could jeopardize on-going negotiations with
another country. KMM filed suit to compel disclosure of
the negotiation details, and be grante d acce s s to the
records of the meetings, invoking the constitutional
right of the people to information o n matters of public
concern. (2009 BAR)
(a) Decide with reasons.
A: The petition of KMM must be denied. Diplomatic
negotiations are privileged in order to encourage a frank
exchange of exploratory ideas between the parties by
shielding the negotiations from the public view . (Akbayan
Citizens Action Party v. Aquino, C.R. No. 170516 26 July 2008)
(b) Will your answer be the same if the information
sought by KMM pertains to contracts entered
into by the Government in its proprietary or
commercial capacity? Why or why not?
A: KMM is entitled to have access to information pertaining
to governm ent contracts entered into by the Government in
the exercise of its proprietary or commercial capacity, the
right to information under the Cons titution does not
excl ude contracts of public interest and are not privileged .
(Sec. 7, Art. lll, 1987 Constitution; Valmon te v. Belmonte, C.R.
No. 74930, 13 Feb.1 989)
I . POWERS RELATIVE TO APPROPRIATION MEASURES
(2009BAR)
Q: Distinguish between "pocket veto" and "item veto."
(2009 BAR)
A: A pocket veto is when the President is considered t o have
rejected a bill s ubmitted to him for his approval when
Congress adjourns during the period given to the President
to approve or reject a bill.
On the other han d, an item veto or partial veto, is the
power of a President to nullify or cancel specific provisions
of a bill, usually a budget appropriations bill, without
vetoing the entire legislative package. (UPLC Suggested
Answers)
Q: What are the limitations/restrictions provided by
the Constitution on the power of Congress to authorize
the President to fix tariff rates, import and export
52
 QuAMTO ( 1987-2021)
quotas, tonnage and wharfage dues. Explain. (1999
BAR)
A: Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues and other duties or
imposts within the framework of the national development
program of the Government. (Sec. 28(2), Art. VI, 1987
Constitution)
J. RULES OF SUCCESSION
53
V. JUDICIAL DEPARTMENT
A. JUDICIAL POWER
(2012, 2008, 2004, 1994 BAR)
Q: Mr. Yellow and Mr. Orange were the leading
candidates in the vice-presidential elections. After
elections, Yellow emerged as the winner by a slim
margin of 100,000 votes. Undaunted, Orange filed a
protest with the Presidential Electoral Tribunal (PET).
After due consideration of the facts and the issues, the
PET ruled that Orange was the real winner of the
elections and ordered his immediate proclamation.
(2012 BAR)
(a) Aggrieved, Yellow filed with the Supreme Court
a Petition for Certiorari challenging the
decision of the PET alleging grave abuse of
discretion. Does the Supreme Court have
jurisdiction? Explain.
A: The Supreme Court has no jurisdiction over the petition.
The PET is not simply an agency to which the Members of
the Senate Court were assigned. It is not separate from the
Supreme Court. [Maca lintal v. PET, G.R. No. 191618, 23 Nov.
2010)
(b) Would the answer in a. be the same if Yellow
and Orange were contending for a senatorial
slot and it was the Senate Electoral Tribunal
(SET) who issued the challenged ruling?
A: The Supreme Court would have jurisdiction if it were the
SET that issued the challenged ruling. The Supreme Court
can review its decision if it acted with grave abuse of
discretion. [Lerias v. House of Representatives Electoral
Tribunal (HRETJ, G.R. No. 97105, 15 Oct.1991)
(c) What is the composition of the PET?
A: The PET is composed of the Chief Justice and the
Associate Justices of the Supreme Court en bane. (Sec. 4, Art.
VII, 1987 Constitution)
( d) What is judicial power? Explain Briefly.
A: Judicial power-Section 1(1) Art. VIII, 1987 Constitution is
the authority to settle justifiable controversies or dispute
involving rights that are enforceable and demandable
before the courts of justice or the redress of wrongs for
violation of such rights. [Lopez v. Roxas, G.R. No. L-25716, 28
Jul. 1966) It includes the duty of the courts to settle actual
controversies involving rights that are legally demandable
and enforceable and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
of jurisdiction on the part of any branch or instrumentality
of the government. (Sec. 1, Art. Vlll, 1987 Constitution)
Q: The President alone without the concurrence of the
Senate abrogated a treaty. Assume that the other
country-party to the treaty is agreeable to the
abrogation provided it complies with the Philippine
Constitution.
If a case involving the validity of the treaty abrogation
is brought to the Supreme Court, how should it be
resolved? (2008 BAR)
A: The Supreme Court should dismiss the case. The
jurisdiction of the Supreme Court over a treaty is only for
questions of its constitutionality or validity. In other words,
the question should involve the constitutionality of a treaty
or its validity with a statute. (Gonzales v. Hechanova, C.R. No.
L-21897 22 Oct. 1963) It does not pertain to the termination
of a treaty.
The authority of the Senate over treaties is limited to
concurrence. (Sec. 21, Art. Vlll, 1987 Constitution) There
being no express constitutional provision regulating the
termination of treaties, it is presumed that the power of the
President over treaty agreements and foreign relations
includes the authority to "abrogate" treaties. The
termination of the treaty by the President without the
concurrence of the Senate is not subject to constitutional
attack, there being no Senate authority to that effect.
The Philippines is a party to the Vienna Convention on the
Law of Treaties. Hence, the said Convention this becoming
part of Philippine Law governs the activities of the
President in terminating the treaty. Art. 54 of this
Convention provides that a treaty may be terminated "At
any time by consent of all the parties". The treaty in
question is a bilateral treaty in which the other state is
agreeable to its termination. Art. 6 7 of the Convention adds
the formal requirement that the termination must be in an
instrument comm unicated to the other party s igned by the
Head of State or of Government or by the Minister of
Foreign Affairs. (UPLC Suggested Answers)
Q: The 1935, 19 73 and 1987 Constitutions commonly
provide that "Judicial power sha11 be vested in one
Supreme Court and in such lower courts as may be
established by law."
What is the effect of the addition in the 1987
Constitution of the fo11owing provision: "Judicial power
includes the courts of justice to settle actual
controversies involving rights which are lega11y
demandable and enforceable, and to determine whether
or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the government"?
Discuss briefly, citing at least one i11ustrative case. (2004
BAR)
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
A: The effect of the second paragraph of Section 1, Art Vlll of
the 1987 Constitution is to limit resort to the political
question doctrine and to broaden the scope of judicial
inquiry into areas which the Judiciary, under the previous
Constitutions, would have left to the political departments to
decide. If a political question is involved, the Judiciary can
determine whether or not the official whose action is being
questioned acted with grave abuse of discretion amounting
to lack or excess of jurisdiction. (Marcos v. Manglapus, C.R.
No. 88211, 15 Sept 1989; Daza v. Singson, C.R. No. 86344. 2 1
Dec. 1989) Thus, although the HRET has exclusive
jurisdiction to decide election contests involving members of
the House of Representatives, the Supreme Court nullified
the removal of one of its members for voting in favor of the
protestant, who belonged to a different party. (Bondoc v.
Pineda, C.R. No. 97710, 26 Sept. 1991)
Q: What is the difference, if any, between the scope of
judicial power unde r the 1987 Constitution on one
hand, and the 1935 and the 1973 Constitutions on the
other? (1994 BAR)
A: The scope of judicial power under the 1987 Constitution
is broader than its scope under the 1935 and 1973
Constitution because of the second paragraph of Sec. 1, Art.
Vlll ofthe 1987 Constitution, which states that it 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. As held in Marcos v. Manglapus (C.R. No.
88211, 15 Sept. 1989) this provision limits resort to the
political question doctrine and broaden the scope of
juridical inquiry into areas that the courts under the 1935
and the 1973 Constitutions would normally have left to the
political departments to decide.
ALTERNATIVE ANSWER:
Under the 1935 and the 1973 Constitutions, there was no
provision defining the scope of judicial power as vested in
the judiciary. While these Constitutions, both provided for
the vesture of judicial power "in one Supreme Court and in
such inferior courts as may be established by law," they
were silent as to the scope of such power.
The 1987 Constitution on the other hand, re- wrote the
provisions on the vesture of judicial powers originally
appearing in the 1935 and 1973 Constitutions, as follows:
The judicial power shall be vested in one Supreme Court
and in such lower courts as may be 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. (Sec. 1, Art Vlll, 1987
Constitution)
54
 QuAMTO ( 1987-2021)
The second paragraph of the cited provision was not found
in the 1935 and 1973 Constitutions. It contains a new
definition of judicial power, particularly the scope thereof.
The first portion represents the traditional concept of
judicial power, involving the settlement of conflicting rights
by law, which presumably was implicit in the 1935 and 19 73
Constitutions. The second (latter) portion of the definition
represents a broadening of the scope of the judicial power
or, in the language of the Supreme Court, conferment of
"expanded jurisdiction" on the judiciary [Daza v. Singson,
G.R. No. 86344 21 Dec. 1989) to enable the courts to review
the exercise of discretion by the political departments of
government. This new prerogative of the judiciary as now
recognized under the 1987 Constitution was not
constitutionally permissible under the 1935 and 1973
Charters.
B. JUDICIAL REVIEW
(2015, 2004, 1998 BAR)
Q: What is the concept of expanded judicial review
under the 1987 Constitution? (2015 BAR)
A: The 1987 Constitution has narrowed the reach of the
political doctrine when it expanded the power of judicial
review of the court not only to settle actual controversies
involving rights which are legally demandable and
enforceable but also to determine whether or not there has
been grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality
of the government. (Sec. 1 (2), Art. VIII, 1987 Constitution)
The new provision vests in the judiciary, and p articularly,
the Supreme Court, the power to review even the political
decisions of the executive and the legislature and declare
their acts invalid for lack or excess of jurisdiction because
tainted with grave abuse of discretion. (Cruz, 2014)
Q: SDO was elected Congressman. Before the end of his
first year in office, he inflicted physical injuries on a
colleague, ETI. In the course of a heated debate, charges
were fil ed in court against him and in the House Ethics
Committee. Later, the House of Representatives,
dividing along party lines, voted to expel him. Claiming
that his expulsion was railroaded and tainted by
bribery, he filed a petition seeking a declaration by the
Supreme Court that the House gravely abused its
discretion and violated the Constitution. He prayed that
his expulsion be annulled and that he should be
restored by the Speaker to his position as Congressman.
Is SDO's petition before the Supreme Court justiciable?
(2004 BAR)
A: While under Sec. 1, Art. VIII of the 1987 Constitution the
Supreme Court may inquire whether or not the decision to
expel SDO is tainted with grave abuse of discretion
amounting to lack or excess of jurisdiction, the petition
should be dismissed. In Alejandrina v. Quezon (G.R. No.
22041, 11 Sept. 1924), the Supreme Court held that it could
55
not compel the Senate to reinstate a Senator who assaulted
another senator and was suspended for disorderly
behavior, because it could not compel a separate and
coequal department to take any particular action. In
Osmefia v. Pendatun (G.R. No. L-17144, 28 Oct. 1960), it was
held that the Supreme Court could not interfere with the
suspension of a Congressman for disorderly behavior,
because the House of Representatives is the judge of what
constitutes disorderly behavior. The assault of a fellow
Senator constitutes disorderly behavior.
Q: Andres Ang was born of a Chinese father and a
Filipino mother in Sorsogon, Sorsogon on 20 Jan. 1973.
In 1988, his father was naturalized as a Filipino citizen.
On 11 May 1998, Andres Ang was elected
Representative of the First District of Sorsogon. Juan
Bonto who received the second highest number of
votes, filed a petition for Quo Warranto against Ang.
The petition was fil ed with the House of
Representative Electoral Tribunal (HRET). Bonto
contends that Ang is not a natural born citizen of the
Philippines and therefore is disqualified to be a
member of the House.
The HRET ruled in favor of Ang. Bonto filed a petition
for certiorari in the Supreme Court. The following
issues are raised: Whether the case is justiciable
considering that Sec. 17, Art VI of the Constitution
declares the HRET to be the "sole Judge" of all contests
relating to the election returns and disqualifications of
members of the House of Representatives.
How should this case be decided? (1998 BAR)
A: The case is justiciable. As stated in Lazatin v. HRET (G.R.
No. 84297, 08 Dec. 1988) since judicial power 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, the Supreme Court has the power to
review the decisions of the HRET in case of grave abuse of
discretion on its part.
1. REQUISITES
(2014, 1994 BAR)
Q: In keeping with the modern age of instant and
incessant information and transformation, Congress
passed Cybercrime Prevention Act to regulate access
and use of the amenities of the cyberspace. While
ostensibly the law is intended to protect the interests
of society, some if its provisions were also seen as
impermissibly invading and impairing widely
cherished liberties of the people particularly the
freedom of expression. Before the law could even be
implemented, petitions were filed in the Supreme
Court questioning said provisions by people who felt
threatened, for themselves, as well as for the benefit of
others who may be similarly affected but not minded
enough to challenge the law. The Solicitor General
countered that there is no basis for the exercise of the
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
power of judicial review since there has yet been no
violation of the law, and that the petitioners have no
locus standi since they do not claim to be in imminent
danger of being prosecuted under the law.
Can the Court proceed to decide the case even if the law
has not yet become effective? (2014 BAR)
A: The Supreme Court can proceed to decide the case even
if the law has not yet become effective. Since the petitions
filed sought to nullify the Cybercrime Prevention Act,
because it violated several provisions of the Bill of Rights,
the Supreme Court became duty-bound to settle the
dispute. (Taflada v. Angara, C.R. No. 118295, 02 May 1997)
Since it is alleged that the Cybercrime Prevention Act
violates various provisions of the Bill of Rights, including
freedom of speech, freedom of the press, and the right
against unreasonable searches and seizures, the issues
raised are of paramount public interest, of transcendental
importance and with far-reaching constitutional
implications, that justify dispensation with locus standi and
exercise of the power of judicia l review by the Supreme
Cour t. (Chavez v. Gonzales, C.R. No. 168338, 15 Feb. 2008)
Jurisprudence provides that locus standi is not required
when the action was filed to prevent a chilling effect on the
exercise of the right to freedom of expression and
overbreadth.
Q: Assume that the constitutional question raised in a
petition before the Supreme Court is the lis mota of the
case, give at least two other requirements before the
Court will exercise its power of judicial review? (1994
BAR)
A: In addition to the requirement that the constitutional
question raised be the lis mota of the case, the following
requisites must be pres ent for the exercise of the power of
judicial review:
There must be an actual case or controversy involving a
conflict oflegal rights s usceptible of judicial determination;
The constitutional question must be raised by the proper
party; and
The constitutional question must be raised at the earliest
opportunity. (Macasiano v. National Housing Authority, C.R.
No. 107921, 01July 1993)
2. POLITICAL QUESTION DOCTRINE
(1997, 1995 BAR)
Q: To what extent, if at all, has the 1987 Constitution
affected the "political question doctrine"? (1997 BAR)
A: Sec. 1, Art. VIII ofthe Constitution has expanded the scope
of judicial power by including the duty of the courts of
justice to settle actual controversies involving rights which
are lega lly 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
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
branch or instrumentality of the Government. In Marcos v.
Manglapus (C.R. No. 88211, 15 Sept. 1989), the Supreme
Court stated that because of this courts of justice may
decide political questions if there was grave abuse of
discretion amounting to la ck or excess of jurisdiction on the
part of the official whose action is being questioned.
Q: Judicial power as defined in Sec. 1 (2), Art VIII, 1987
Constitution, now "included 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. This definition is said to have expanded
the power of the judiciary to include political questions
formerly beyond its jurisdiction. (1995 BAR)
(a) Do you agree with such as interpretation of the
constitutional definition of judicial power that
would authorize the courts to review and, if
warranted, reverse the exercise of discretion
by the political departments ( executive and
legislative) of the government including the
Constitutional Commissions? Discuss fully.
A: YES, Sec. 1 (2), Art. VIII of the 1987 Constitution has
expanded the power of the Judiciary to include political
questions. This was not found in the 1935 and the 1973
Constitution. Precisely, the framers of the 1987 Constitution
intended to widen the scope of judicial review.
ALTERNATIVE ANSWER:
YES. Sec. 1, Art. VIII of the 1987 Constitution authorizes
courts of justice not only "to settle actual case controversies
involving rights which are legally demandable and
enforceable" but also "to determine whether there has been
grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of
the Government."
In determining whether grave abuse of discretion
amounting to excess or lack of jurisdiction has been
committed by any branch or instrumentality of the
government, the Court is guided primarily, by the
Constitution, and secondarily, by existing domestic and
international law, which set limits or conditions to the
powers and function s conferred upon these political bodies.
Thus, when a case is brought before the Court with serious
allegations that a law or executive issuance infringes upon
the Constitution, as in these consolidated cases, it becomes
not only the right but in fact the duty of the Court to settle
the dispute. In doing so. the Court is "not judging the
wisdom of an a ct of a coegual department but is merely
ensuring that the Constitution is upheld." {Council of
Teachers and Staff of Colleges and Universities of the
Philippines v. Sec. ofEducation, C.R. No. 216930, 09 Oct. 2018)
56
 QuAMTO ( 1987-2021)

(b) In your opinion, how should such definition be ALTERNATIVE ANSWER:

construed so as not to erode considerably or
disregard entirely the existing "political
question" doctrine? Discuss fully.
A: As pointed out in Marcos v. Manglapus (G.R. No. 88211, 15
Sept. 1989) so as not to disregard entirely the political
question doctrine, the extent of judicial review when
political questions are involved should be limited to a
determination of whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of the official whose act is being
questioned. If grave abuse of discretion is not shown, the
courts should not substitute their questioned for that of the
official; concerned and decide a matter which by its nature
or by law is for the latter alone to decide.
The doctrine of operative fact recognizes the existence of
the law or executive act prior to the determination of its
unconstitutionality as an operative fact that produced
consequences that cannot always be erased, ignored or
disregarded. In short, it nullifies the void law or executive
act but sustains its effects. It provides an exception to the
general rule that a void or unconstitutional law produces
no effect. (Arau/lo v. Aquino, G.R. No. 209287, 01 July 201 4)
C. JUDICIAL INDEPEND ENCE AND
FISCAL AUTONO MY
(2017, 200 0 BAR)

3. MOOT QUESTIONS Q: Name at least three constitutional safeguards to

maintain judicial independence. (2000 BAR)
4. OPERATIVE FACT DOCTRINE
(2014, 2009 BAR) A: The following are the constitutional safeguards to
maintain judicial independence:
1. The Supreme Court is a constitutional body and
Q: In Serrano v. Gallant Maritime Services, Inc., the
cannot be abolished by mere legislation;
Supreme Court declared as violative of the Equal
2. The members of the Supreme Court cannot be
Protection Clause Sec. 10 (5), R.A. No. 8042 [Migrant
removed except by Impeachment;
Workers and Overseas Filipinos Act of 1995) for
3. The Supreme Court cannot be deprived of its
discriminating against illegally dismissed OFWs who
minimum Jurisdiction prescribed in Section 5, Art.
still had more than a year to their contract compared to
X of the 1987 Constitution;
those who only had less than a year remaining. The next
4. It cannot be increased by law without its advice
year, Congress enacted R.A. No 10222, an amendment to
and concurrence;
the Migrant Workers and Overseas Filipin os Act, which
5. Appointees to the Judiciary are nominated by the
practically reinstated the provision struck down in
Judicial and Bar Council and are not subject to
Serrano. Seamacho, an overseas seafarer who still had
confi rmation by the Commission on
two years remaining on his contract when he was
Appointments;
illegally terminated, and who w ould only be entitled to
6. The Supreme Court has administrative
a maximum of six-month's pay under the reinstated
supervision over all lower courts and their
provision, engages you as his counsel.
personnel;
7. The Supreme Court has exclusive power to
How are you to argue that the new law is invalid insofar
discipline judges oflower courts;
as it brings back to the statute books a provision that
8. The Members of the Judiciary have security of
has already been struck down by the Court? (2014 BAR)
tenure, which cannot be undermined by a law
reorganizing the Judiciary;
A: I will argue that since Sec. 10 of R.A. No. 8042 has already
9. Members of the Judiciary cannot be designated to
been declared unconstitutional by the Supreme Court, its
any agency performing quasi-judicial or
nullity cannot be cured by reincorporation or reenactment
administrative functions;
of the same or a similar law or provision. Once a law has
10. The salaries of Members of the Judiciary cannot be
been declared unconstitutional, it remains
decreased during their continuance in office;
unconstitutional unless circumstances have changed as to
11. The Judiciary has fiscal autonomy;
warrant a reverse conclusion. (Sameer Overseas Placement
12. The Supreme Court has exclusive power to
Agency v. Cabiles, G.R. No. 170139, 05 Aug. 2014)
promulgate rules of pleading, practice and
procedure;
Q: Define/explain: Doctrine of operative facts (2009
13. Only the Supreme Court can temporarily assign
BAR)
judges to other stations; and
14. It is the Supreme Court who appoints all officials
A: The doctrine of operative facts means that before a law
and employees of the Judiciary. (Cruz, 1995)
was declared unconstitutional, its actual existence must be
taken into account and whatever was done while the law
was in operation should be recognized as valid. (Rieta v.
People, G.R No.147817, 12 Aug. 2004)

57 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
Q: According to Sec. 3, Art. VIII of the Constitution, the
Judiciary shall enjoy fiscal autonomy. What does the
term fiscal autonomy signify? Explain your answer
(2017 BAR)
A: The power of appropriation is limited by Sec. 3, Art. Vlll,
1987 Constitution or the Judiciary's enjoyment of fiscal
autonomy, which is intended to strengthen the
independence of the judiciary. (Cruz, 2014) Fiscal autonomy
means freedom from outside control. It contemplates a
guarantee on full flexibility to allocate and utilize their
resources with the wisdom and dispatch that their needs
require. It recognizes the power and authority to levy,
assess and collect fees, fix rates of compensation not
exceeding the highest rates authorized by law for
compensation and pay plans of the government and allocate
and disburse such sums as may be provided by law or
prescribed by them in the course of the discharge of their
functions. (Bengzon v. Drilon, C.R. No. 103524, 15 April 1992)
ALTERNATIVE ANSWER:
The fiscal autonomy of the Judiciary means that the
appropriation for the Judiciary may not be reduced by
Congress below the amount appropriated for the previous
year, and after approval, shall be automatically and
regularly released. (Sec. 3, Art VIIL 1987 Constitution)
Fiscal autonomy authorizes the Supreme Court to levy,
assess and collect fees, and to determine how its funds
should be utilized. (Bengzon v. Drilon, C.R. No. 103524, 15
Apr.1992)
D. APPOINTMENTS TO THE JUDICIARY
1. QUALIFICATIONS
Q: State whether or not the following acts are
constitutional: A law prescribing as qualifications for
appointment to any court lower than the Supreme
Court, Philippine citizenship, whether natural-born or
naturalized, 3 5 years of age on the date of
appointment, and at least eight years as a member of
the Philippine Bar. (2018 BAR)
A: The law prescribing as a qualification for appointment to
any lower court mere Philippine citizenship, whether
natural-born or naturalized, would be unconstitutional
with respect to appointments to collegiate courts (CA, CTA,
Sandiganbayan) because all appointees to these courts
must be natural-born citizens. {Sec. 7, Art. Vlll, 1987
Constitution)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
2. JUDICIAL AND BAR COUNCIL
(COMPOSITION AND POWERS)
(1999, 1998 BAR)
Q: What is the composition of the Judicial and Bar
Council and the term of office of its regular members?
(1988, 1999 BAR)
A: The Judicial and Bar Council is composed of the
following:
a) The ChiefJustice as ex officio chairman;
b) The Secretary of Justice as ex officio member;
c) A representative of Congress as ex officio member;
d) A representative of the Integrated Bar;
e) A professor of law;
f) A retired Justice of the Supreme Court; and
g) A representative of the private sector. (Sec. 8(1 ),
Art. Vlll, 1987 Constitution)
The term of office of the regular members is 4 years. {Sec.
8(2), Art. Vlll, 1987 Constitution)
E. THE SUPREME COURT
(COMPOSITION, POWERS, AND FUNCTIONS)
(2014, 1999 BAR)
Q: Enumerate the cases required by the Constitution to
be heard e n bane by the Supreme Court? (1999 BAR)
A: The following are the cases required by the Constitution
to be heard en bane by the Supreme Court:
1. Cases involving the constitutionality of a treaty,
international or executive agreement, or law;
2. Cases which under the Rules of Court are required
to be heard en bane;
3. Cases involving the constitutionality, application,
or operation of presidential decrees,
proclamations, orders, instructions, ordinances,
and other regulations;
4. Cases heard by a division when the required
majority is not obtained;
5. Cases where a doctrine or principle of law
previously laid down will be modified or reversed;
6. Administrative cases against judges when the
penalty is dismissal; and
7. Election contests for president or vice-president.
{Firestone Ceramics, Inc. v. CA, C.R. No. 127022, 28
June2000)
ALTERNATIVE ANSWER:
Under Supreme Court Circular No. 2-89, dated 07 Feb. 1989,
as amended by the Resolution of 18. Nov. 18, 1993, the
following are considered en bane cases:
1. Cases in which the constitutionality or validity of
any treaty, international or executive agreement,
law, executive order, or presidential decree,
58
 QuAMTO ( 1987-2021)
proclamation, order, instruction, ordinance, or
regulation is in question;
2. Criminal cases in which the appealed decision
imposes the death penalty;
3. Cases raising novel questions of law;
4. Cases affecting ambassadors, other public
ministers and consuls;
5. Cases involving decisions, resolutions or orders of
the Civil Service Commission (CSC), Commission on
Elections (COMELEC), and Commission on Audit
(COA);
6. Cases where the penalty to be imposed is the
dismissal of a judge, officer or employee of the
judiciary, disbarment of a lawyer, or either the
suspension of any of them for a period of more than
one (1) year or a fine exceeding Pl0,000.00 or
both;
7. Cases where a doctrine or principle laid down by
the court en bane or in division may be modified or
reversed;
8. Cases assigned to a division which in the opinion of
at least three (3) members thereof merit the
attention of the court en bane and are acceptable to
a majority of the actual membership of the court en
bane; and
9. All other cases as the court en bane by a majority of
its actual membership may deem of sufficient
importance to merit its attention. (Firestone
Ceramics, Inc. v. CA, G.R. No. 127022, 28 June 2000)
Q: The Court had adopted the practice of announcing its
decision in important, controversial or interesting
cases the moment the votes had been taken among the
justices, even as the final printed decision and separate
opinions are not yet available to the public. In a greatly
anticipated decision in a case of wide-ranging
ramifications, the voting was close - 8 for the majority,
while 7 were for the other side. After the Court had thus
voted, it issued a press release announcing the result,
with the advice that the printed copy of the decision,
together with the separate opinions, were to be issued
subsequently. The following day, however, one of the
members of the Court died. The Court then announced
that it would deliberate anew on the case since
apparently the one who died belonged to the majority.
Citizens for Transparency, a group of civic- spirited
professionals and ordinary citizens dedicated to
transparency and accountability in the government,
questioned the act of the Court. The petitioners claimed
the decision had already been validly adopted and
promulgated. Therefore, it could no longer be recalled
by the Court. At the same time, the group also asked the
Court to disclose to the public the original decision and
the separate opinions of the magistrates, together with
what they had deliberated on just before they came up
with the press release about the 8-7 decision. (2014
BAR)
(a) Was the announced 8-7 decision already validly
promulgated and thus not subject to recall?
59
A: The decision cannot be deemed to have been
promulgated simply because of the announcement of the
voting in a press release, because the decision has not yet
been issued and filled with the Clerk of Court. Until the
decision is filed with the Clerk of Court, the Justices still
have control over the decision and they can still change
their votes. (Limkaichong v. COMELEC, G.R. Nos.178831-32,
30 July 2009)
(b) If the decision was not yet finalized at the time
when the justice died, could it still be
promulgated?
A: The decision can no longer be pro mulgated if the Justice
who belonged to the majority died, for lack of majority vote.
The vote he cast is no longer valid, as he w as no longer an
incumbent member of the Supreme Court. [Lao v. To-Chip,
G.R. No. 76597, 26 Feb.1988)
ALTERNATIVE ANSWER:
The decision can be promulgated even if the Supreme Court
en bane is equally divided, if after the case was again
deliberated upon, no majority decision was reached. If the
case is an original action, it should be dismissed. If it is an
appealed case, the decision appealed from should be
affirmed if it is a civil case. If it is a criminal case, the accused
should be acquitted. (Sec. 7, Rule 56 of the Rules of Court; Sec.
3, Rule 125, Revised Rules on Criminal Procedure)
( c) If the decision was still being finalized, should
the Court release to the public the majority
decision and the separate opinions as originally
announced, together with their deliberations
on the issues?
A: The Supreme Court should not release to the public the
majority opinion and the separate opinions, as well as its
deliberations. They are part of its confidential internal
deliberations. (Limkaichong v. COMELEC, G.R. No. 178831-
32, 30 July 2009)
PROCEDURAL RULE-MAKING
(2020-21, 2018, 2016, 2015,
2014, 2013, 2009, 2008 BAR)
Q: Differentiate the rule-making power or the power of
the Supreme Court to promulgate rules under Sec. 5,
Art Vlll of the 1987 Constitution and judicial legislation.
(2015 BAR)
A: The rule-making power of the Supreme Court is the
power of the Court 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 under-privileged.
On the other hand, judicial legislation is a breach of the
doctrine of separation of powers. Verily, the primordial
duty of the Court is merely to apply the law in such a way
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
that it shall not usurp legislative powers by judicial
legislation and that in the course of such application or
construction, it should not make or supervis e legislation, or
under the guise of interpretation, modify, revise, amend,
distort, remodel, or rewrite the law, or give the law a
construction which is repugnant to its terms. The Court
should apply the law in a manner that would give effect to
their letter and spirit, especially when the law is clear as to
its intent and purpose. Succinctly put, the Court should shy
away from encroaching upon the primary function of a co-
equal branch of the Government; otherwise, this would lead
to an inexcusable breach of the doctrine of separation of
powers by means of judicial legislation.
Q: A provincial ordinance was passed setting a
province-wide curfew for all minors. This was
challenged through a suit filed before the Regional Trial
Court having territorial jurisdiction over the province.
The provincial legal officer sought the case's dismissal
on the lone ground that the Supreme Court has sole and
exclusive jurisdiction to determine the
constitutionality of a treaty, law, or ordinance. Should
the provincial legal officer's prayer for dismissal be
granted? Explain briefly. (2020-21 BAR)
A: NO. it s hould not be granted. Jurisdiction to determine
the constitutionality of treaties, laws and ordinances is not
exclusive to the Supreme Court. Regional Trial Courts have
as well jurisdiction to pass upon the constitutionality of
those measures. (Planters Products, Inc. v. Fertiphil
Corporation, C.R. No. 166006, 14 Mar. 2008)
This can be gleaned from and is acknowledged in the late
provision in the Constitution which assigns appellate
jurisdiction to the Supreme Court over decisions of lower
courts, including Regional Trial Courts, on, among others,
all cases in which the constitutionality of those measures is
in question. (Sec. 5, Art. Vlll, 1987 Constitution)
Accordingly, the provincial legal officer's prayer in the
subject motion to dismiss should be denied.
Q: Both the House of Representatives and the Senate
passed a bill which: (a) increases the number of
Supreme Court Justices from 15 to 20; (b) assigns the
five most senior Justices, including the Chief Justice,
exclusively to Special Division that will tackle only
constitutional cases; and ( c) removes from the Supreme
Court En Banc the power to hear and decide cases
involving alleged violations of the Constitution.
The Chief Presidential Legal Counsel advises the
President to veto the bill, arguing that the law is
unconstitutional because its contents should be the
subject of constitutional amendment rather than of
legislation.
Is the Chief Presidential Legal Counsel argument
constitutionally sound? Explain briefly. (2020-21 BAR)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
A: YES. The bill actually seeks to alter fixed and self-
executing provisions of the Constitution which may not be
changed or altered except by amendment of the
Constitution.
Any change that adds to, reduces, or deletes any of such
provisions of the Constitution can be done only through
amendment or revision of the same, and not through simple
legislation. (Art XVll, 1987 Constitution; Lambino v.
COMELEC, C.R. No.174153, 25 Oct. 2006)
This would be true with respect to the proposals in the bill
to increase the number of Supreme Court Justices which,
under the Constitution, is fixed at fifteen (Sec. 4(1), Ar t Vlll,
1987 Constitution), and to remove from the Supreme Court
En Banc the power to hear and decide cases involving
alleged violation of the Cons titution, which is expressly
assigned to it under the Constitution. (Sec. (4), Art. Vlll, 1987
Constitution)
Q: Ascertain the constitutionality of the following acts:
A law prohibiting any court, other than the Supreme
Court, from issuing a writ of injunction against an
investigation being conducted by the Ombudsman.
(2018 BAR)
A: The law is un constitutional. The power to issue
injunctive writs is part of judicial power. The rules
governing the exercise of this power are within the powers
of the Supreme Court t o promulgate. The law therefore is an
encroachment of the Court's rule-making power. (Carpio-
Mora/es v. CA, GR 217126- 27, 10 Nov. 2015)
Q: Under Sec. 6 of Art. V ( on Criminal Jurisdiction) of the
Visiting Forces Agreement (VFA), the custody of a
United States (US) personnel who becomes subject to
criminal prosecution before a Philippine court shall be
with the US military authorities, if the latter so
requests. The custody shall begin from the commission
of the offense until the completion of all judicial
proceedings. However, when requested, the US military
authorities shall make the US personnel available to
Philippine authorities for any investigative or judicial
proceeding relating to the offense with which the
person has been charged. In the event that the
Philippine judicial proceedings are not completed
within one year, the US shall be relieved of any
obligation under Sec. 6.
The constitutionality of Sec. 6, Art. V of the VFA is
challenged on two grounds: (1) it nullifies the exclusive
power of the Supreme Court to adopt rules of procedure
for all courts in the Philippines;
Rule on the challenge. (2018 BAR)
A: The challenge is without merit. The rule in international
law is that foreign armed forces allowed to enter one's
territory are immune from local jurisdiction, except t o the
extent agreed upon. As a result, the situation involved is not
one in which the power of the Supreme Court to a dopt rules
60
 QuAMTO ( 1987-2021)
of procedure is curtailed or violated, rather, it is one in
which, as is normally encountered around the world, the
laws (including rules of procedure) of one State do not
extend or apply, except to the extent agreed upon, to
subjects of another State due to the recognition of
extraterritorial immunity given to such bodies as visiting
foreign armed forces.
Nothing in the Constitution prohibits such agreements
recognizing immunity from jurisdiction or some aspects of
jurisdiction (such as custody), in relation to long-
recognized subjects of such immunity, like Heads of State,
diplomats and members of the armed forces contingents of
a foreign State allowed to enter another State's territory.
The Constitution, on the contrary, states that the
Philippines adopts the generally accepted principles of
international law as part of the law of the land. (Sec. 2, Art.
II, 1987 Constitution)
Q: Sec. 9 of P.D. 1606, as amended, provides that the
Sandiganbayan may adopt internal rules governing all
allotment of cases among its divisions, the rotation of
justices among them, and other matters relating to the
internal operations of the court.
Sec. 6, Art IX-A of the Constitution allows each of the
Constitutional Commissions "en bane [to] promulgate
its own rules concerning pleadings and practice before
it or before any of its offices. Such rules however shall
not diminish, increase, or modify substantive rights."
Sec. 16(3) of Art VI of the Constitution states that "Each
House may determine the rules ofits proceedings." Sec.
21, Art VI of the Constitution further provides that
"[T]he Senate or the House of Representatives or any of
its respective committees may conduct inquiries ... in
accordance with its duly published rules of procedure."
Finally, Sec. 3(8),Art XI of the Constitution declares that
"[T]he Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of
this section.
Are the rules promulgated pursuant to these provisions
subject to review and disapproval by the Supreme
Court? (2018 BAR)
A: Sec. 5 (SJ of Art. VIII of the Constitution clearly provides
that the "Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved by
the Supreme Court;" accordingly, the Supreme Court may
review and reverse the rules of procedure of the
Sandiganbayan and the Constitutional Commissions.
With respect to the rules of procedure of Congress in its
proceedings, legislative inquiries and on impeachment,
while these rules may be generally considered as political
questions, when questioned before the courts in a proper
case, they would nevertheless be subject to the power of
judicial review under the second paragraph of Sec. 1, Art.
VIII of the Constitution, which authorizes it to review and
annul all acts of any branch or instrumentality of the
61
government which may be tainted with grave abuse of
discretion amounting to lack or excess of jurisdiction. (UPLC
Suggested Answers)
Q: Under Sec. 5, Art Vlll of the 1987 Constitution, the
Supreme Court shall have the power to "promulgate
rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure
in all courts" Sec. 23 of R.A. No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002 provides
that "any person charged under any provision of this
Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining."
Patricio, a user who was charged with alleged sale of
shabu but who wants to enter into a plea of guilty to a
charge of possession, questions the constitutionality of
Sec. 23 on the ground that Congress encroached on the
rule-making power of the Supreme Court under Sec. 5,
Art. VIII. He argues that plea- bargaining is procedural
in nature and is within the exclusive constitutional
power of the Court. Is Patricio correct? Explain your
answer. (20 16 BAR)
A: Patricio is correct. It is unconstitutional for being
contrary to the rule-making authority of the Supreme Court
under Sec. 5(5), Art. VIII of the 1987 Constitution. The power
to promulgate rules of pleading, practice and procedure is
now in exclusive domain of the Judiciary and no longer
shared with the Executive and Legislative departments.
Plea bargaining is essentially a rule of procedure. It is
towards the provision of a simplified and inexpensive
procedure for the speedy disposition of cases in all courts
that the rules on plea bargaining was introduced. As a way
of disp osing criminal charges by agreement of the parties,
plea bargaining is considered to be an "important,"
"essential," "highly desirable," and "legitimate" component
of the administration of justice. [Estipona, Jr. v. Abrigo, G.R.
No. 226679, 15 Aug. 2017)
Q: Congress enacted R.A. No. 14344 creating the City of
Masuwerte which took effect on 25 Sept. 2014. Sec. 23
of the law specifically exempts the City of Masuwerte
from the payment oflegal fees in the cases that it would
file and/or prosecute in the courts of law. In two (2)
cases that it filed, the City of Masuwerte was assessed
legal fees by the clerk of court pursuant to Rule 141
(Legal Fees) of the Rules of Court. The City ofMasuwerte
questions the assessment claiming that it is exempt
from paying legal fees under Sec. 23 ofits charter.
Is the claim of exemption tenable? Explain (2015 BAR)
A: The exemption from payment of legal fees is not valid.
The rules promulgated by the Supreme Court for the
payment oflegal fees were in the exercise of its rule-making
power and cannot be modified by a law granting an
exemption from payment. [In Re Exemption from Payment
of Court and Sheriffs Fees of Duly Registered Cooperatives,
A.M. No. 12-2-03-0, 03 Mar. 2012)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Q: Congress enacted a law exempting certain
government institutions providing social services from
the payment of court fees. Atty. Kristopher Timoteo
challenged the constitutionality of the said law on the
ground that only the Supreme Court has the power to
fix and exempt said entities from the payment of court
fees.
Congress, on the other hand, argues that the law is
constitutional as it has the power to enact said law for
it was through legislative fiat that the Judiciary
Development Fund (JDF) and the Special Allowance for
Judges and Justices (SAJJ), the funding of which are
sourced from the fees collected by the courts, were
created. Thus, Congress further argues that if it can
enact a law utilizing court fees to fund the JDF and SAJJ,
a fortiori it can enact a law exempting the payment of
court fees.
Discuss the constitutionality of the said law, taking into
account the arguments of both parties (2014 BAR)
A: The law is unconstitutional. The Constit ution has taken
away the power of Congress to repeal, alter or supplement
the Rules of Court. The fiscal autonomy guaranteed the
Judiciary by Sec. 3, Art. Vlll of the 1987 Constitution
recognized the authority of the Supreme Court to levy,
assess and collect fees. Congress cannot amend the rules
promulgated by the Supreme Court for the payment of legal
fees by granting exemptions. (In re: Petition for Recognition
of Exemption of the Government Service Insurance System
from Payment ofLegal Fees, A.M. No, 08-2-01-0, 11 Feb, 2010)
Q: Congress passed a law, R.A. No. 15005, creating an
administrative Board principally tasked w ith the
supervision and regulation of legal education. The
Board was attached to the De partment of Education. It
was empowered, among others, to pre scribe minimum
standards for law admission and minimum
qualifications of faculty members, the basic curricula
for the course of study aligned to the requirements for
admission to the Bar, law practice and social
consciousness, as well as to establish a law practice
internship as a requirement for taking the Bar which a
law s tudent s hall undergo anytime during the law
course, and to adopt a system of continuing legal
education. Professor Boombastick, a long- time law
practitioner and lecturer in several prestigious law
schools, assails the constitutionality of the law arguing
that it encroached on the prerogatives of the Supreme
Court to promulgate rules relative to admission to the
practice of law, the Integrated Bar, and legal assistance
to the underprivileged. If you were Professor
Boombastick's understudy, how may you help him
develop clear, concise and cogent arguments in support
of his position based on the present Constitution and
the decisions of the Supreme Court on judicial
independence and fiscal autonomy? (2014 BAR)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
A: The statutory authority granted to the administrative
Board to promulgate rules and regulations cannot encroach
upon the exclusive authority of the Supreme Court to
regulate the admission to the practice of law. (Sec.5(5), Art.
Vlll of the Constitution)
Thus, The Administrative Board cannot prescribe
additional standards for admission to the practice of law,
adopt a course study which is inconsistent with the
requirements to take the bar examinations. (Philippine
Lawyer's Association v. Agrava, G,R, No, L-12426, 16 Feb,
1959) Since Congress has no power to repeal, alter or
supplement the Rules of Court, it cannot delegate such
power to the Administrative Board.
Q: TRUE or FALSE. A law fixing the passing grade in the
Bar examinations at 70%, with no grade lower than
40% in any subject, is constitutional. (2009 BAR)
A: FALSE. Such a law entails amendment of the Rules of
Court promulgated by the Supreme Court. The present
Constitution h as taken away the power of Congress to alter
the Rules of Court. (Echegaray v, Secretary of]ustice, G,R, No,
132601, 19 Jan, 1999) The law will violate the principle of
separation of powers.
Q: Congress enacted a law providing for trial by jury for
those charged with crimes or offenses punishable by
reclusion perpetua or life imprisonment. The law
provides for the qualifications of members of the jury,
the guidelines for the bar and bench for their selection,
the manner a trial by jury shall operate, and the
procedures to be followed. Is the law constitutional?
(2008, 2013 BAR)
A: The law providing for trial by jury is unconstitutional,
because of the omission in Sec, 5(5), Art. Vlll, 1987
Constitution and Sec, 5(5), Art X, 1973 Constitution, which
authorizes the Legisla ture to repeal, alter or supplement the
rules of procedure promulgated by the Supreme Court.
Congress can no longer enact a law governing rules of
procedure for the courts. (Echegaray v, Secretary of Justice,
G,R, No, 132601, 19 Jan 1999)
62
 QuAMTO ( 1987-2021)
VI. CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
B. POWERS, FUNCTIONS, AND JURISDICTION
(2019, 2005, 1999 BAR)
Q: Under the 1987 Constitution, to whom does each
duty/ power/ privilege/ prohibition/ disqualification
apply: (2019 BAR)
(a) The authority to keep the general accounts of
the Government and for such period provided
by law, preserve the vouchers and other
supporting documents pertaining thereto.
A: The COA. (Sec. 2(1), Art. IX-D, 1987 Constitution)
(b) The authority to provide for
standardization of compensation
government officials and employees.
A: The CSC. (Sec. 5, Art. IX-B, 1987 Constitution)
Q: What is the meaning and guarantee of security of
tenure? (1999 BAR)
A: According to Palmera v. CSC (G. R. No. 110168, 04 Aug.
1994), Security of Tenure means that no officer or employee
in the Civil Service shall be suspended or dismissed except
for cause as provided by law and after due process.
Q: Ricardo was elected Dean of the College of Education
in a State University for a term of five years unless
sooner terminated. Many were not pleased with his
performance. To appease those critical of him, the
President created a new position that of Special
Assistant to the President with the rank of Dean,
without reduction in salary, and appointed Ricardo to
said position in the interest of the service.
Contemporaneously, the University President
appointed Santos as Acting Dean in place of Ricardo.
(2005 BAR)
(a) Does the phrase "unless sooner terminated"
mean that the position of Ricardo is terminable
at will?
A: NO, the term "unless sooner terminated" could not mean
that his position is terminable at will. Security of tenure
means that dismissal should only be for a cause, provided
by law and after due process. [Palmera v. CSC, G.R. No.
110168, 04Aug.1994)
ALTERNATIVE ANSWER:
NO, his position is not terminable at will. Ricardo's contract
of employment has a fixed term of five years. It is not an
appointment in an acting capacity or as officer-in-charge. A
college dean appointed with a term cannot be separated
without cause. Ricardo, with a definite term of employment,
may not thus be removed except for a cause. (Sta. Maria v.
Lopez, G.R. No. L-30773, 18 Feb. 1970)
(b) Was Ricardo removed from his position as
Dean of the College of Education or merely
transferred to the position of Special Assistant
to the President? Explain.
A: Ricardo was removed from his position as dean. Having
an appointment with a fixed term, he cannot, without his
consent, be transferred before the end of his term. He
cannot be asked to give up his post nor appointed as dean
of another college, much less transferred to another
position even if it be dignified with a dean's rank More
than this, the transfer was a demotion because deanship
in a university, being an academic position, which
requires learning, ability and scholarship, is more exalted
than that of a special assistant who merely assists the
President, as the title indicates. The special assistant does
the
not make authoritative decisions unlike the dean who
of
does so in his own name and responsibility. The position
of dean is created by law, while the special assistant is not
so provided by law; it was a creation of the university
president. (Sta. Maria v. Lopez, G.R. No. L-30773, 18 Feb.
1970)
CIVIL SERVICE COMMISSION
' (2003, 1999 BAR)
'
' Q: A corporation, a holder ofa certificate ofregistration
issued by the Securities and Exchange Commission, is
owned and controlled by the Republic of the
Philippines.
The CSC, in a memorandum-order, directs the
corporation to comply with the Civil Service Rules in
the appointment of all its officers and employees. The
memorandum-order of the CSC is assailed by the
corporation, as well as by its officers and employees,
before the court. How should the case be resolved?
(2003 BAR)
A: The memorandum-order of the CSC should be declared
void. Under Sec. 2 (1), Art. IX-B of the 1987 Constitution
government-owned or controlled corporations organized
under the Corporation Code are not covered by the Civil
Service Law but by the Labor Code, because only
government-owned or controlled corporations with
original charters are covered by the Civil Service.
(Gamogamo v. PNOC Shipping and Transit Corporation, G.R.
No. 141707, 07 May 2002)
Q: Luzviminda Marfel, joined by eleven other
retrenched employees, filed a complaint with the
63 UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Department of Labor and Employment (DOLE) for
unpaid retrenchment or separation pay,
underpayment of wages and non-payment of
emergency cost of living allowance. The complaint was
filed against Food Terminal, Inc.
Food Terminal Inc. moved to dismiss on the ground of
lack of jurisdiction, theorizing that it is a government-
owned and controlled corporation and its employees
are governed by the Civil Service Law and not by the
Labor Code. Marfel opposed the motion to dismiss,
contending that although Food Terminal, Inc. is a
corporation owned and controlled by the government
earlier created and organized under the general
corporation law as "The Greater Manila Food Terminal,
Inc.", it has still the marks of a private corporation: it
directly hires its employees without seeking approval
from the CSC and its personnel are covered by the Social
Security System and not the Government Service
Insurance System.
The question posed in the petition for certiorari at bar
whether or not a labor law claim against a government-
owned or controlled corporation like the Food
Terminal, Inc. falls within the jurisdiction of the
Department of Labor and Employment or the CSC?
Decide and ratiocinate. (1999 BAR)
A: The claim of the retrenched employees falls under the
jurisdiction of the National Labor Relations Commission
(NLRC) and not under the jurisdiction of the CSC. As held in
Lumanta v. NLRC (C.R. No. 82819, 08 Feb.1989), since Food
Terminal, Inc., was organized under the Corporation Law
and was not created by a special law in accordance with Sec.
2(1), Art. IX-B of the 1987 Constitution, it is not covered by
the civil service.
COMMISSION ON AUDIT
(2017, 2014, 2001, 1998 BAR)
Q: The Congress establishes by law Philippine Funds,
Inc., a private corporation, to receive foreign donations
coming from abroad during national and local
calamities and disasters, and to enable the
unhampered a nd speedy disbursements of the
donations through the mere action of its Board of
Directors. Thereby, delays in the release of the donated
funds occasioned by the stringent rules of
procurement would be avoided. Also, the releases
would not come under the jurisdiction of the COA.
Can the Congress pass the law that would exempt the
foreign grants from the jurisdiction of the COA? Explain
your answer. (2017 BAR)
A: Congress cannot exempt the foreign grants from the
jurisdiction of the COA. Its jurisdiction extends to all
government -owned or controlled corporations, including
those funded by donations through the Government. (Sec.
3, Art IX-D, 1987 Philippine Constitution; Petitioner-
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
Organizations v. Exec. Sec., C.R. Nos.147036-37 & 147811, 10
Apr. 2012)
Q: Towards the end of the year, the COA sought the
remainder ofits appropriation from the Department of
Budget and Management (DBM). However, the DBM
refused because the COA had not yet submitted a
report on the expenditures relative to the e arlier
amount released to it. And, pursuant to the "no r eport,
no release" policy of the DBM, COA is not entitled to any
further releases in the meantime. COA counters that
such a policy contravenes the guaranty of fiscal
autonomy granted by the Constitution.
Is COA entitled to receive the rest of its app ropriations
even without complying with the DBM policy? (2014
BAR)
A: YES. COA is entitled to the rest of its appropriations even
without complying with the DBM policy. That the no report,
no release policy may not be validly enforced against
offices vested with fiscal autonomy is not disputed. Indeed,
such p olicy cannot be enforced against offices possessing
fiscal autonomy without violating Sec. 5, Art. IX (A), of the
1987 Constitution which provides: that the Commission
shall enjoy fiscal autonomy. Their approved appropriations
shall be automatically and regularly released. (CSC v. DBM,
C.R. No. 158791, 22 July 2005)
Q: The Philippine National Bank (PNB) was then one of
the leading government-owned banks and it was under
the a udit jurisdiction of the COA. A few years ago, it was
privatized. Wha t is the effect, if any, of the privatization
of PNB on the audit Jurisdiction of the COA? (2001 BAR)
A: In accordance with the ruling in Philippine Airlines v. COA
(C.R. No. 91890, 09 June 1995), since the PNB is no longer
owned by the Government, the COA no longer has
jurisdiction to audit it as an institution. Under Sec. 2(2), Art.
IX-D of the 1987 Constitution, it is government-owned or
controlled corporations and their subsidiaries which are
subject to audit by the COA. However, in accordance with
Sec. 2(1), Art. IX-D of the 1987 Constitution, the COA can
audit the PNB with respect to its accounts because the
Government still has equity in it.
Q: The Department of National Defense entered into a
contract with Raintree Corporation for the supply of
ponchos to the Armed Forces of the Philippines (AFP),
stipulating that, in the event of breach, action may be
filed in the proper courts in Manila. Suppose the AFP
fails to pay for delivered ponchos, where must Rain tree
Corporation file its claim? Why? (1998 BAR)
A: Ra intree Corporation must file its claim with the COA,
Under Sec. 2(1) IX-D of the Constitution, the COA has the
authority t o settle all accounts pertaining t o expenditure of
public funds.
Raintree Corporation cannot file a case in court. The
Republic of the Philippines did not waive its immunity from
64
 QuAMTO ( 1987-2021)
suit when it entered into the contract with Raintree
Corporation for the supply of ponchos for the use of the
Armed Forces of the Philippines. The contract involves the
defense of the Philippines and therefore relates to a
sovereign function.
In United States v. Ruiz (G.R. No. L-35645, 22 May 1985), the
Supreme Court held: "The restrictive application of State
immunity is proper only when the proceedings arise out of
commercial transactions of the foreign sovereign. Stated
differently, a State may be said to have descended to the
level of an individual and can thus be deemed to have tacitly
given its consent to be sued only when it enters into
business contracts. It does not apply where the contract
relates to the exercise of its sovereign functions. In this case
the projects are an integral part of the naval base which is
devoted to the defense of both the United States and the
Philippines, indisputably a function of the government of
the highest order; they are not utilized for nor dedicated to
commercial or business purposes."
The provision for venue in the contract does not constitute
a waiver of the State Immunity from suit, because the
express waiver of this immunity can only be made by a
statute.
In Republic v. Purisima (G.R. No. L-36084, 31 Aug. 1977), the
Supreme Court ruled: "Apparently respondent Judge was
misled by the terms of the contract between the private
respondent, plaintiff in his sala and defendant Rice and
Corn Administration which, according to him, anticipated
the case of a breach of contract between the parties and the
suits that may thereafter arise. The consent, to be effective
though, must come from the State acting through a duly
enacted statute as pointed out by Justice Bengzo n in Mobil."
ALTERNATIVE ANSWER:
In accordance with the doctri ne of exhaustion of
administrative remedies, Raintree Corporation should first
file a claim with the COA. If the claim is denied, it should file
a petition for certiorari with the Supreme Court.
C. COMPOSITIO N AND QUALIFICATIONS OF MEMBERS
D. PROHIBITED OFFICES AND INTERESTS
(2015, 1998 BAR)
Q: Professor Masipag who holds a plantilla or regular
item in the University of the Philippines (UP) is
appointed as an Executive Assistant in the CA. The
professor is considered only on leave of absence in UP
while he reports for work at the CA which shall pay him
the salary of the Executive Assistant. The appointment
to the CA position was questioned, but Professor
Masipag countered that he will not collect the salary for
65
both positions; hence, he cannot be accused of
receiving double compensation. Is the argument of the
professor valid? Explain. (2015 BAR)
A: Although Professor Masipag is correct in saying that he
cannot be accused of receiving double compensation as he
would not actually be receiving additional or double
compensation, it is submitted that he may nevertheless not
be allowed to accept the position of Executive Assistant of
the CA during his incumbency as a regular employee of the
University of the Philippines, as the form er would be an
incompatible office not allowed to be concu rrently held by
him under the provisions of Sec. 7(2), Art. IX-B, of the 1987
Constitution, which specifies that unless otherwise allowed
by law or by the primary fu nctions of hi s position, no
appointive official shall hold any other office in the
Government.
Q: The President app oints Emilio Melchor as
Chairperson of the CSC. Upon confirmation ofMelchor's
appointment, the President issues an executive order
including him as Ex-Officio member of the Board of
Trustees of the Government Service Insurance System
(GSIS), Employees Compensation Commission (ECC),
and the Board of Directors of the Philippine Health
Insurance Corporation (PHILHEALTH). Allegedly, this
is based on the Administrative Code of 1997 (E.O. No.
292), particularly Section 14, Chapter 3, Title I-A, Book
V. This provision reads: "The chairman of the CSC shall
be a member of the Board of Directors of other
governing bodies of government entities whose
functions affect the career development, employment,
status, rights, privileges, and welfare of government
officials and employees ... " A taxpayer questions the
designation of Melchor as ex- officio member of the said
corporations before the Supreme Court based on two
(2) grounds, to wit: (1) it violates the constitutional
prohibition on members of the Constitutional
Commissions to hold any other office or employment
during his tenure; and (2) it impairs the independence
of the CSC. Will the petition prosper? Explain (2015
BAR)
A: The petition will prosper. It is a clear violation of the
special prohibition in Sec. 2 of Art. IX-A of the 1987
Constitution, which strictly provides that he shall not hold
any other office or employment during his tenure. The
aforesaid provision does not make any distinction among
the offices he may not hold, or as to whether or not the
functions attached to said offices would be primarily
related to his duties as Chairperson of the CSC and
therefore may be held in an ex officio capacity.
Additionally, the offices mentioned are vested by their
charters with various powers and functions to carry out the
purposes for which they were created. These powers and
functions, whether personnel-related or not, are carried
out and exercised by the respective Boards of the GSIS,
PHILHEALTH, ECC, and HDMF. Thus, when the CSC
Chairman sits as a member of the governing board of the
said offices, he may exercise these powers and functions,
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
which are not anymore derived from his position as CSC
Chairman.
Corollary, the designation as member of the governing
Boards of the said offices entitles him to receive per diem,
a form of additional compensation that is disallowed by the
concept of ex officio position by virtue of its clear
contravention of the proscription set by Sec. 2, Art. IX-A of
the 1987 Constitution. It is unconstitutional, for it goes
against the principle behind an ex officio position.
Apart from violating the prohibiti on against holding
multiple offices, the designation of the CSC Chairman as
member of the governing boards of GSIS, PHILHEAL TH,
ECC, and HDMF impairs the independence of the CSC.
Under Sec. 17, Art. VII, 1987 Constitution, the Presid ent
exercises control over all government offices in the
Executive Branch. An office that is legally not under the
control of the President is n ot part of the Executive Branch.
(Fun a v. CSC Chairman, C.R. No. 191672, 25 Nov. 2014)
Q: State the rule making it incompatible for members of
Congress to hold offices or employment in the
government. (1998 BAR)
A: Sec. 13, Art. VII of the Constitution, which prohibits
Members of Congress from holding another office during
their term without forfeiting their seat, does not distinguish
between government corporations with original charters
and their s ubsidiaries, because the prohibition a pplies to
both. {UPLC Suggested Answers)
E. JUDICIAL REVIEW OF FINAL ORDERS, RESOLUTIONS,
AND DECISIONS OF CONSTITUTIONAL COMMISSIONS
UNIVERSITY O F S A NTO TO M AS
20 2 2 GOLD E N NOTES
VII. BILL OF RIGHTS
HIERARCHY OF RIGHTS
(2012 BAR)
Q: What do you understand by the term "hierarchy of
civil liberties"? Explain. (2012 BAR)
A: The hierar chy of civil liberties m eans that freedom of
expression and the rights of peaceful ass em bly are superi or
to property rights. (Philippine Blooming Mills v. Philippine
Blooming Mills, C.R. No. L-3 11 95, OS June 1973)
A. DUE PROCESS
(2008, 2007, 20 06, 2003, 2002, 2001, 1999 BAR)
1. PROCEDURAL AND SUBSTANTIVE
Q: Give examples of acts of the state which infringe the
due proce ss clause: (1999 BAR)
(a) in its substantive aspect and
A: Substantive due process requires that the law itself, not
merely the procedures by which the law would be enforced,
is fair, reasonable, and just. It is violated when it is
unreasonable or und uly oppressive. For example, P.D. 1717,
which cancelled all the mortgages and liens of a debtor, was
considered unconstitutional for being oppressive. Likewis e,
as stated in Ermita-Ma/ate Hotel and Motel Operators
Association, Inc. v. City Mayor of Manila (C.R. No. L-24693, 3 1
July 1967) a law which is vague so that men of common
intelligence m ust guess at its meaning an d differ as to its
application violates subs tantive due process.
(b) in its procedural aspect?
A: Procedural d ue process r efers t o the m ethod or manner
by which the law is enfor ced. In State Prosecutors v. Muro,
{A.M. No. RTJ-92-876, 19 Sept. 1994), it was held that the
dismissal of a case without the benefit of a h earing and
without any n otice to the prosecution violated due process.
Likewise, as held in People v. CA (C.R. No. 118882, 26 Sept.
1996), the lack of impartiality of the judge wh o will decide a
cas e violat es proced ural due process.
Q: The Philippine National Police (PNP) issued a
circular to all its members directed at the style and
length of male police officers' hair, sideburns and
moustaches, as well as the size of their waistlines. It
prohibits beards, goatees and waistlines over 38
inches, except for medical reason. Some police officers
questioned the validity of the circular, claiming that it
violated their right to liberty under the Constitution.
Resolve the controversy. (2008 BAR)
66
 QuAMTO ( 1987-2021)
A: The circular is valid. The circular is based on a desire to
make police officers easily recognizable to the members of
the public or to inculcate spirit de corps which such
similarity is felt to inculcate within the police force. Either
one is a sufficient rational justification for the circular.
[Kelley v. Johnson 425 US 238, 05 Apr. 1976)
Q: The City Mayor issues an Executive Order declaring
that the city promotes responsible parenthood and
upholds natural family planning. He prohibits all
hospitals operated by the city from prescribing the use
of artificial methods of contraception, including
condoms, pills, intrauterine devices and surgical
sterilization. As a result, poor women in his city lost
their access to affordable family planning programs.
Private clinics however, continue to render family
planning counsel and devices to paying clients. (2007
BAR)
(a) Is the Executive Order in any way
constitutionally infirm? Explain.
A: The Executive Order is constitutionally infirm. It violates
the guarantee of due process and equal protection. Due
process includes the right to decisional privacy, which
refers to the ability to make one's own decisions and to act
on those decisions, free from governmental or other
unwanted interference. Forbidding the use of artificial
methods of contraception infringes on the freedo m of
choice in matters of marriage and family life (Griswold v.
Connecticut, 07 June 1965). Moreover, the Executive Order
violates equal protection as it discriminates against poor
women in the city who cannot afford to pay private clinics.
(b) Is the Philippines in breach of any obligation
under international law? Explain.
A: The acts of the City Mayor may be attributed to the
Philippines under the p rinciple of state responsibility.
Article 26 of the International Covenant on Civil and Political
rights requires that Philippine law shall prohibit any
discrimination a nd shall guarantee to all persons equal and
effective protection against discrimination on any ground
such as social origin, birth or other status. The Executive
Order of the City Mayor discriminates against poor women.
(c) May the Commission on Human Rights (CHR)
order the Mayor to stop the implementation of
the Executive Order? Explain.
A: The CHR cannot order the City Mayor to stop the
implementation of his Executive Order, because it has no
power to issue writs of injunction. (Export Processing Zone
Authorityv. CHR, G.R. No.101476, 14Apr.1992)
Q: Does a Permit to Carry Firearm Outside Residence
(PTCFOR) constitute a property right protected by the
Constitution? (2006 BAR)
A: NO, it is not a property right under the due process clause
of the Constitution. Just like ordinary licenses in other
67
regulated fields, it may be revoked any time. It does not
confer an absolute right, but only a personal privilege,
subject to restrictions. A licensee takes his license subject to
such conditions as the Legislature sees fit to impose, and
may be revoked at its pleasure without depriving the
licensee of any property. (Chavez v. Ramu/a, G.R. No. 157036,
09 June 2004J
Q: The municipal council of the municipality of Guagua,
Pampanga, passed an ordinance penalizing any person
or entity engaged in the business of selling tickets to
movies or other public exhibitions, games or
performances which would charge children between 7
and 12 years of age the full price of admission tickets
instead of only one-half of the amount thereof. Would
you hold the ordinance a valid exercise of legislative
power by the municipality? Why? (2 003 BAR)
A: The ordinance is void. As held in Balacuit v. CF/ ofAgusan
de/ Norte, (G.R. No. L-38429, 30 June 1988) the ordinance is
unreasonable. It deprives the sellers of the tickets of their
property without due process. A ticket is a property right
and may be sold fo r such price as the owner ofit can obtain.
There is nothing pernicious in charging children the same
price as adults.
Q: Ten public school teachers of Caloocan City left their
classrooms to join a strike, which lasted for one month,
to ask for teachers' benefits. The Department of
Education, Culture and Sports (DECS) charged them
administratively, for which reason they were required
to A and formally investigated by a committee
composed of the Division Superintendent of Schools as
Chairman, the Division Supervisor as member and a
teacher, as another member. On the basis of the
evidence adduced at the formal investigation which
amply established their guilt, the Director rendered a
decision meting out to them the penalty of removal
from office. The decision was affirmed by the DECS
Secretary and the CSC. On appeal, they reiterated the
arguments they raised before the administrative
bodies, namely: They were deprived of due process of
law as the Investigating Committee was improperly
constituted because it did not include a teacher in
representation of the teachers' organization as
required by the Magna Carta for Public School
Teachers (R.A. No. 4670, Sec. 9). (2002 BAR)
A: The teachers were deprived of due process oflaw. Under
Sec. 9 of the Magna Carta for Public School Teachers, one of
the members of the committee must be a teacher who is a
representative of the local, or in its absence, any existing
provincial or national organization of teachers. According
to Fabel/a v. CA, (G.R. No. 110379, 28 Nov. 1997) to be
considered the authorized representative of such
organization, the teacher must be chosen by the
organization itself and not by the Secretary of Education,
Culture and Sports. Since in administrative proceedings,
due process requires that the tribunal be vested with
jurisdiction and be so constituted as to afford a person
charged administratively a reasonable guarantee of
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
impartiality, if the teacher who is a member of the
committee was not appointed in accordance with the law,
any proceeding before it is tainted with deprivation of
procedural due process.
Q: The Philippine Ports Authority (PPA) General
Manager issued an administrative order to the effect
that all existing regular appointments to harbor pilot
positions shall remain valid only up to 31 Dec. of the
current year and that henceforth all appointments to
harbor pilot positions shall be only for a term of one
year from date of effectivity, subject to yearly renewal
or cancellation by the PPA after conduct of a rigid
evaluation of performance. Pilotage as a profession
may be practiced only by duly licensed individuals,
who have to pass five government professional
examinations.
The Harbor Pilot Association challenged the validity of
said administrative order arguing that it violated the
harbor pilots' right to exercise their profession and
their right to due process of law and that the said
administrative order was issued without prior notice
and hearing. The PPA countered that the
administrative order was valid as it was issued in the
exercise of its administrative control and supervision
over harbor pilots under PPA's legislative charter, and
that in issuing the order as a rule or regulation, it was
performing its executive or legislative, and not a quasi-
Judicial function. Due process of law is classified into
two kinds, namely, procedural due process a nd
substantive due process of law.
Was there, or was there no violation of the harbor
pilots' right to exercise their profession and their right
to due process of law? (2001 BAR)
A: The right of the harbor pil ots to d ue process was
violated. As held in Co rona v. United Harbor Pilots
Association of the Philippines (C.R, No, 111953, 21 Dec,
1997), pilotage as a profession is a property right protected
by the guarantee of due process. The pre-evaluation
cancellation of the licenses of the harbor pilots every y ear
is unreasonable and violated their right to substantive due
process. The renewal is dependent on the evaluation after
the licenses have been cancelled. The issuance of the
administrative order also violated procedural due process,
since no prior public hearing was conducted. As held in CIR
v. CA (C.R. No. 119761, 29 Aug. 1996), when a regulation is
being issued under the quasi-legislative authority of an
administrative agency, the requirements of notice, hearing
and publication must be observed.
Q: On 06 Apr. 1963, Police Officer Mario Gatdula was
charged by the Mayor with Grave Misconduct and
Violation ofLaw before the Municipal Board. The Board
investigated Gatdula but before the case could be
decided, the City charter was approved. The City Fiscal,
citing Sec. 30 of the city charter, asserted that he was
authorized there under to investigate city officers and
employees.
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
The case against Gatdula was then forwarded to him,
and a re- investigation was conducted. The office of the
Fiscal subsequently recommended dismissal. On 11
Jan. 1966, the City Mayor returned the records of the
case to the City Fiscal for the submission of an
appropriate resolution but no resolution was
submitted. On 03 Mar. 1968, the City Fiscal transmitted
the records to the City Mayor recommending that final
action thereon be made by the City Board o f
Investigators (CBI).
Although the CBI did not conduct an i nvestigation, the
records show that both the Municipal Board and the
Fiscal's Office exhaustively heard the case w ith both
parties afforded ample opportunity to adduce their
evidence and argue their cause. The Police
Commission found Gatdula guilty on the basis of the
records forwarded by the CBI.
Gatdula challenged the a dverse decision of the Police
Commission t heorizing that he was deprived of due
process. Questions: Is the Police Commission bound by
the findings of the City Fiscal? Is Gatdula's protestation
of lack or non-observance of due process well-
ground ed? Explain your Answers. (1999 BAR)
A: The Police Commission is not bound by the findings of
the City Fiscal. In Mangubat v, de Castro (C.R. No. l-33892,
28 July 1988) it was held that the Police Commiss ion is not
prohibited from making its own findings on the basis of its
own evaluation of the records. Likewise, the protestation of
lack of due process is not well grounded, since the hearings
before the Municipal Board and the City Fiscal offered
Gatdula the chance to be heard. There is no denial of due
process if the decis ion was rendered on the basis of
evidence contained in the record and disclosed to the
parties affected.
Q: On 07 Nov. 1990, nine lawyers of the Legal
Department ofY Bank who were all under Fred Torre,
sent a complaint to management accusing Torre of
abusive conduct and mismanagement. Furnished with
a copy of the complaint, Torre denied the charges. Two
days later, the lawyers and Torre were called to a
conference in the office of the Board Chairman to give
their respective sides of the controversy. However, no
agreement was reached thereat.
Bank Director Romulo Moret was tasked to look further
into the matter. He met with the lawyers together with
Torre several times but to no avail. Moret then
submitted a report sustaining the charges of the
lawyers. The Board Chairman wrote Torre to inform
him that the bank had chosen the compassionate option
of "waiting" for Torre's resignation. Torre was asked,
without being dismissed, to turn over the documents of
all cases handled by him to another official of the bank
but Torre refused to resign and requested for a "full
hearing". Days later, he reiterated his request for a "full
hearing", claiming that he had been "constructively
dismissed". Moret assured Torre that he is "free to
68
 QuAMTO ( 1987-2021)

remain in the employ of the bank" even if he has no

particular work assignment. After another request for B. EQUAL PROTECTION
a "full hearing" was ignored, Torre filed a complaint
with the arbitration branch of NLRC for illegal
dismissal. Reacting thereto, the bank terminated the
1. REQUISITES FOR VALID CLASSIFICATION
services of Torre. (1999 BAR)

2. TESTS TO DETERMINE
(a) Was Torre "constructively dismissed" before
THE REASONABLENESS OF A CLASSIFICATION
he filed his complaint?
(2018, 2016, 2015, 2000, 1994 BAR)

A: Torre was constructively dismissed, as held in

Q: Under Sec. 6 of Art. V (on Criminal Jurisdiction) of the
Equitable Banking Corporation v. NLRC (G.R. No. 102467,
Visiting Forces Agreement (VFA), the custody of a
13 June 1997). Allowing an employee to report for work
United States (US) personnel who becomes subject to
without being assigned any work constitutes constructive
criminal prosecution before a Philippine court shall be
dismissal.
with the US military authorities, if the latter so
requests. The custody shall begin from the commission
(b) Given the multiple meetings held among the
of the offense until the completion of all judicial
bank officials, the lawyers and Torre, is it
proceedings. However, when requested, the US military
correct for him to say that he was not given an
authorities shall make the US personnel available to
opportunity to be heard? Explain.
Philippine authorities for any investigative or judicial
proceeding relating to the offense with which the
A: Torre is correct in saying that he was not given the
person has been charged. In the event that the
chance to be heard. The meetings in the nature of
Philippine judicial proceedings are not completed
consultations and conferences cannot be considered as
within one year, the US shall be relieved of any
valid substitutes for the proper observance of notice and
obligation under Sec. 6.
hearing.

The constitutionality of Sec. 6, Art. V of the VFA is

2. VOID-FOR-VAGUENESS
challenged on the ground that it violates the equal
protection clause to the extent that it allows the
Q: What is the doctrine of "void for vagueness"? In what
transfer of the custody of an accused to a foreign power
context can it be correctly applied? Not correctly
as providing a different rule of procedure for that
applied? Explain (2010 BAR)
accused.

A: A statute is vague when it lacks comp rehensible

Rule on the challenge. (2018 BAR)
standards that men of common intelligence guess as to its
meaning and differ as to its application. It applies to both
A: The equal protection clause is not violated, either,
free speech cases and penal statutes. However, a facial
because there is a substantial basis for a different treatment
challenge on the ground of vagueness can be made only in
of foreign military armed forces allowed to enter our
free speech cases. It does not apply to penal statutes.
territory and all other accused. (Nicolas v. Ramu/a, G.R. No.
(Southern Hemisphere Engagement Network, Inc. v. Anti-
175888, 11 Feb. 2009)
Terrorism Council, G.R. No.178552, 05 Oct. 2010)

Q: A law is passed intended to protect women and

Q: Compare and contrast "overbreadth doctrine" from
children from all forms of violence. When a woman
"void-for-vagueness" doctrine. (2010 BAR)
perceives an act to be an act of violence or a threat of
violence against her, she may apply for a Barangay
A: While the overbreadth doctrine decrees that a
Protection Order (BPO) to be issued by the Barangay
governmental purpose may not be achieved by means in a
Chairman, which shall have the force and effect of law.
statute which sweep unnecessary broadly and thereby
Conrado, against whom a BPO had been issued on
invades the area of protected freedom. A statute is void for
petition of his wife, went to court to challenge the
vagueness when it forbids or requires the doing of an act in
constitutionality of the law. He raises the following
terms so vague that men of common intelligence cannot
grounds:
necessarily guess at its meaning and differ as to its
application [Estrada v. Sandiganbayan, G.R. No. 148560, 19
Rule on the validity of the grounds raised by Conrado,
Nov. 2001)
with reasons. (2016 BAR)

3. JUDICIAL AND ADMINISTRATIVE

(a) The law violates the equal protection clause,
DUE PROCESS
because while it extends protection to women
who may be victims of violence by their
husbands, it does not extend the same
protection to husbands who may be battered
by their wives.

69 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
A: The law does not violate the equal protection clause. It is
based on substantial distinctions. The unequal power
relationship between women and men, the greater
likelihood for women than men to be victims of violence,
and the widespread gender bias and prejudice against
women all make for real differences. (Garcia v. Drilon, C.R.
No. 17926 7, 2 5 June 2013)
(b) The grant of authority to the Barangay
Chairman to issue a Barangay Protection Order
(BPO) constitutes an undue delegation of
judicial power, because obviously, the issuance
of the BPO entails the exercise of judicial
power.
A: The grant of authority to the Barangay Chairman to issue
a Barangay Protection Order is a purely executive function
pursuant to his duty to enforce all laws and ordinances and
to maintain public order. (Garcia v. Drilon, C.R. No. 179267,
25 June 2013)
Q: The Gay, Bisexual and Transgender Youth
Association (GBTYA), an organization of gay, bisexual,
and transgender persons, filed for accreditation with
the COMELEC to join the forthcoming party-list
elections. The COMELEC denied the application for
accreditation on the ground that GBTY A espouses
immorality which offends religious dogmas. GBTY A
challenges the denial of its application based on m oral
grounds because it violates its right to equal protection
of the law. (2015 BAR)
(a) What are the three (3) levels of test that are
applied in equal protection cases? Explain.
A: The three levels of test applied in equal protection cases
are as follows:
First, the strict scrutiny test which is applied when the
legislative classification disadvantages a subject class or
impinges upon a fundamenta l right, the statute must fall
unless the government can show that the classification
serves a compelling governmental interest.
Second, the intermediate scrutiny test, when the
classification, while not facially invidious, gives rise to
r ecurring constitutional difficulties or disadvantages a
quasi-suspect class. The law must not only further an
important government interest and be related to that
interest. The justification must be genuine and must not
depend on broad generalizations.
Lastly, the rationality test, if neither the strict nor the
intermediate scrutiny is appropriate, the s tatute will be
tested for mere rationality. The presumption is in favor of
the classification, the reasonableness and fairness of state
action and of legitimate grounds of distinction. (UPLC
Suggested Answers)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
ALTERNATIVE ANSWER:
The three levels of tests that may be applied in equal
protection cases may be classified as follow: the strict
scrutiny test, for laws dealing with freedom of the mind or
restricting the political processes; the rational basis
standard for the review of economic legislation; and
heightened or intermediate scrutiny for eval uating
classifications based on gender and legitimacy.
(b) Which of the three (3) levels of test s hould be
applied to the present case? Explain.
A: Classification on the basis of sexual orientation is a quasi-
subject classification that prompts intermediate review .
Sexual orientation has no relation t o a person's ability to
contribute to society. The discrimination that distinguishes
the gays and lesbian persons are beyond their control. The
group lacks sufficient political strength to bring an end to
discrimination through political mean. (Ang Lad/ad LGBT
Party v. COMELEC, C.R. No. 190582, 08 Apr. 2010)
Q: Undaunted by his three failures in the National
Medical Admission Test (NMAT), Cruz applied to take it
again but he was refused because of an order of the
DECS disallowing flunkers from taking the test a fourth
time. Cruz filed s uit assailing this rule raising the
constitutional grounds of accessible quality education,
academic freedom and equal protection. The
government opposes this, upholding the
constitutionality of the rule on the ground of exercise of
police power.
Decide the case discussing the grounds raised. (2000,
1994 BAR)
A: As held in DECS v. San Diego (C. R. No. 89572, 21 Dec.
1989), the rule is a valid exercise of police power to ensure
that those a dmitted to the medica l profession are qualified .
The arguments of Cruz are not meritorious. The right to
quality education and academic freedom are not absolute.
Under Section 5(3), Article XIV of the 1987 Constitution, the
right to choose a profession is subject to fair, reasonable
and equitable admission and academic requirements. The
rule does not violate equal protection. There is a substantial
distinction between medical students and other students.
Unlike other professions, the medical profession directly
affects the lives of the people.
ALTERNATIVE ANSWER:
It is submitted that the strict scrutiny test should be applied
in this case because the challenged classificati on restricts
the politica l process.
Q: The DECS issued a circular disqualifying anyone who
fails for the fourth time in the National Entrance Tests
from admission to a College of Dentistry. X who was
thus disqualified, questions the constitutionality of the
circular.
70
 QuAMTO ( 1987-2021)

Did the circular violate the equal protection clause of
the Constitution? (1994 BAR)
A: NO, the circular did not violate the equal protection
clause of the Constitution. There is a substantial distinction
between dentistry students and other students. The dental
profession directly affects the lives and health of people.
Other professions do not involve the same delicate
responsibility and need not be similarly treated. [DECS v.
San Diego, G.R. No. 89572, 21 Dec.1989)
Dante Galang was subsequently traced and found and
brought to the NBI Office where he admitted ownership
of the handbag and its contents. In the course of the
interrogation by NBI agents, and without the presence
and assistance of counsel, Galang was made to sign a
receipt for the plastic bag and its shabu contents.
Galang was charged with illegal possession of
prohibited drugs and was convicted. On appeal he
contends that - The plastic bag and its contents are
inadmissible in evidence being the product of an illegal
search and seizure.

C. ARRESTS, SEARCHES AND SEIZURES Decide the case with reasons. (2002 BAR)
(2016, 2002, 2001 BAR)
A: The plastic bag and its contents are admissible in
evidence since it was not the NBI but the bus conductor
who opened the bag and brought it to the NBI. The
Q: Pornographic materials in the form of tabloids,
constitutional right against unreasonable search and
magazines and other printed materials, proliferate and
seizure is a restraint upon the government. It does not
are being sold openly in the streets of Masaya City. The
apply so as to require exclusion of evidence which came
city Mayor organized a task force which confiscate
into the possession of the Government through a search
these materials. He then ordered that the materials be
made by a private citizen. [People v. Marti, G.R. No. 81561,
burned in public. Dominador, publisher of the
18jan.1991)
magazine "Plaything': filed a suit raising the following
constitutional issues: (a) the confiscation of the
Q: A is an alien. State whether, in the Philippines, he Is
materials constituted an illegal search and seizure,
entitled to the right against illegal searches and
because the same was done without a valid search
seizures and against illegal arrests. (2001 BAR)
warrant; and (b) the confiscation as well as the
proposed destruction of the materials, is a denial of the
A: Aliens are entitled to the right against illegal searches
right to disseminate information, and thus, violates the
and seizures and illegal arrests. As applied in People v. Chua
constitutional right to freedom of expression.
Ho San, (G. R. No. 128222, 17 June 1999) these rights are
available to all persons, including aliens.
Is either or both contentions proper? Explain your
answer (2016 BAR)
1. REQUISITES OF A VALID WARRANT

A: The confiscation of the materials constituted an illegal

Q: Armed with a search and seizure warrant, a team of
search and seizure because it was do ne without a valid
policemen led by Inspector Trias entered a compound
search warrant. It cannot be justified as a valid warrantless
and searched the house described therein as No. 17
search and seizure, because such search and seizure must
Speaker Perez St., Sta. Mesa Heights, Quezon City,
have been an incident of a lawful arrest. There was no
owned by Mr. Ernani Pelets, for a reported cache of
lawful arrest. (Pita v. CA, G.R. No. 80806 05 Oct. 1989)
firearms and ammunition. However, upon thorough
search of the house, the police found nothing.
The argument of Dominador that pornographic materials
are protected by the constitutional right to freedom of
Then, acting on a hunch, the policemen proceeded to a
expression is erroneous. Obscenity is not protected
smaller house inside the same compound with address
expression. [Fernando v. CA, G.R. No. 159751, 06 Dec. 2006)
at No.17-A Speaker Perez St., entered it, and conducted
Sec. 2 of P.D. 969 requires the forfeiture and destruction of
a search therein over the objection of Mr. Pelets who
pornographic materials. (Nograles v. People, G.R. No.
happened to be the same owner of the first house.
1 91080, 21 Nov. 2011)
There, the police found the unlicensed firearms and
ammunition they were looking for. As a result. Mr.
Q: One day a passenger bus conductor found a man's
Ernani Pelets was criminally charged in court with
handbag left in the bus. When the conductor opened the
Illegal possession of firearms and ammunition as
bag, he found inside a calling card with the owner's
penalized under P.D. 1866, as amended by RA. 8294. At
name (Dante Galang) and address, a few hundred-peso
the trial, he vehemently objected to the presentation of
bills, and a small plastic bag containing a white
the evidence against him for being inadmissible.
powdery substance. He brought the powdery substance
to the National Bureau of Investigation for laboratory
Is Mr. Emani Pelet's contention valid or not? Why?
examination and it was determined to be
(2001 BAR)
methamphetamine hydrochloride or shabu, a
prohibited drug.
A: The contention of Ernani Pelet is valid. If the place
searched is different from that stated in the search warrant,

71 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
the evidence seized is inadmissible. The policeman cannot
modify the place to be searched as set out in the search
warrant. (People v. CA, C.R. No.126379, 26 June 1998)
2. WARRANTLESS ARRESTS AND DETENTION
(2019, 2018, 2009, 2000, 1993 BAR)
Q: At about 5:30 A.M. of 15 Sept. 2019 Police Senior
Inspector Officer A of the Manila Police District Station
received a text message from an unidentified civilian
informer that one Mr. Z would be meeting up later that
morning with two (2) potential sellers of drugs at a
nearby restaurant. As such, Officer A decided to hang
around the said place immediately.
At about 9:15 A.M., two (2) male passengers. Named A
and Y, who were each carrying a traveling bag, alighted
from a bus in front of the restaurant. A transport
barker, serving as a lookout for Officer A, signaled to
the latter that X and Y were "suspicious-looking."
As the two were about to enter the restaurant, Officer A
stopped them and asked about the contents of their
bags. Dissatisfied with their response that the bags
contained only clothes, Officer A proceeded to search
the bags and found packs of shabu therein. Thus, X and
Y were arrested, and the drugs were seized from them.
According to Officer A, a warrantless search was validly
made pursuant to the stop and frisk rule; hence, the
consequent seizure of the drugs was likewise valid.
(2019 BAR)
(a) What is the stop and frisk rule?
A: The stop and frisk rule is an exception to the general rule
against a search without a warra nt. Where a police officer
observes an unusual conduct which leads him reasonably to
conclude in light of his experience that criminal activity may
be afoot and that the persons with whom he is dealing may
be armed and presently dangerous, where in the cours e of
investigating this behavior he identifies hims elf as a
policeman a nd makes reasonable inquiries, and where
nothing in the initial stages of the encounter serves to dispel
his reasonable fear for his own or others' safety, he is
entitled for the protection of himself and others in the area
to conduct a carefully limited search of the outer clothing of
s uch p ersons in an attempt to discover w eapons which
might be used to assault him. (Manalili v. CA, C.R. No.
113447, 09 Oct. 1997)
(b) Was the stop and frisk rule validly invoked by
Officer A? If not, what is the effect on the drugs
seized as evidence? Explain.
A: NO, the stop-and-frisk rule was n ot validly invoked by
Officer A. A basic criterion to invoke the stop-and-frisk rule
would be that the police officer, with his or her personal
knowledge, must observe the facts leading to the s uspicion
of an illicit act. Officer A merely relied on a text message by
an unidentified informer to conduct the sea rch. The police
officer should not adopt the suspicion initiated by another
UNIVERSITY OF S A NTO TOMAS
20 2 2 GOLD EN NOTES
person. Personal knowledge is necessary to justify that the
person suspected be s topped and reasonably searched.
Anything less than this would be an infringement upon
one's bas ic right to security of one's person and effects.
(Cogaed v. People, C.R. No. 200334, 30 July 2014)
Q: Five foreign nationals arrived at the NAIA from Hong
Kong. After retrieving their checked-in luggage, they
placed all their bags in one pushcart and procee ded to
Express Lane 5. They were instructed to place their
luggage on the examiner's table for inspection.
The examiner found brown-colore d boxes, similar in
size to powdered milk boxes, un d erne ath th e clothes
inside the foreigners' bags. The examine r discovered
white crystalline substances inside the boxes that he
inspected and proceeded to bundle all of the boxes by
putting masking tape a round them. He thereafter
handed the boxes over to Bureau of Customs agents.
The agents called out t he n a mes of the foreigners one
by one and or dered t hem to sign their names on the
masking tape p la ced on the boxes recovered from their
respective bags. The contents of the boxes were
thereafter subjected to tests which confirmed that the
s ubstan ce was shabu.
Can the shabu found inside the boxes be admitted in
evidence against the five foreigners for the charge of
illegal possession of drugs in violation of the
Comprehensive Dangero us Drugs Act of 2002? (2018
BAR)
A: YES, shabu obtained in ordinary customs searches such
as those done in airport, which is a valid warrantless search,
are a dmissible in evidence. (Dela Cruz v. People C.R. 209387,
11 Jan. 2016)
ALTERNATIVE ANSWER:
NO, those boxes containing the s habu are inadmissible in
evidence against them.
The signatures of the accused on the boxes constitute as
tacit a dmission of the crime charged and are tantamount to
an uncounseled extra-judicial confession which is not
sanctioned by the Bill of Rights. (Secs. 12(1) and (3), Art. l/l,
1987 Constitution) They are, therefore, inadmissible as
evidence for any admission wrung from them in violation of
their constitutional rights is ina dmissible against them. The
fact that all accused were foreign nationals does n ot
preclude application of the exclusionary rule because the
constitutional guarantees embodied in the Bill of Rights are
given and extend t o all persons, both aliens and citizens.
(People v. Wong Ch uen Ming, C.R. Nos. 112801-11, 12 Apr.
1996)
72
 QuAMTO ( 1987-2021)
Q: Two police teams monitored the payment of ransom
in a kidnapping case.
The bag containing the ransom money was placed
inside an unlocked trunk of a car which was parked at
the Angola Commercial Center in Mandaluyong City.
The first police team, stationed in an area near where
the car was parked, witnessed the retrieval by the
kidnappers of the bag from the unlocked trunk. The
kidnappers thereafter boarded their car and
proceeded towards the direction of Amorsolo St. in
Makati City where the second police team was waiting.
Upon confirmation by radio report from the first police
team that the kidnappers were heading towards their
direction, the second police team proceeded to conduct
surveillance on the car of the kidnappers, eventually
saw it enter Ayala Commercial Center in Makati City,
and the police team finally blocked it when it slowed
down. The members of the second police team
approached the vehicle and proceeded to arrest the
kidnappers.
Is the warrantless arrest of the kidnappers by the
second police team lawful? (2018 BAR)
A: The warrantless arrest is lawful.
There are two requirements before a warrantless arrest can
be effected under Sec. S(b), Rule 113, Rules of Court: (1) an
offense has just been committed, and (2) the person making
the arrest has personal knowledge of facts indicating that
the person to be arrested has committed it.
Both requirements are present in the instant case. The first
police team present in the Angola Commercial Center was
able to witness the pay-off which effectively consummated
the crime of kidnapping. Its team members all saw the
kidnappers take the money from the car trunk Such
knowledge was then relayed to the other police officers
comprising the second p olice team stationed in Amorsolo
St. where the ki dnappers were expected to pass.
It is sufficient fo r the arresting team that they were
monitoring the p ay-off for a number of hours long enough
fo r them to be informed as to who the kidnappers were.
This is equivalent to personal knowledge based on probable
cause. [People v. Uyboco, G.R. No.178039, 19 Jan. 2011)
Q: Crack officers of the Anti-Narcotics Unit were
assigned on surveillance of the environs of a cemetery
where the sale and use of dangerous drugs are
rampant. A man with reddish and glassy eyes was
walking unsteadily moving towards them but veered
away when he sensed the presence of policemen. They
approached him, introduced themselves as police
officers and asked him what he had clenched in his
hand. As he kept mum, the policemen pried his hand
open and found a sachet of shabu, a dangerous drug.
Accordingly charged in court, the accused objected to
73
the admission in evidence of the dangerous drug
because it was the result of an illegal search and
seizure. (2000, 2009 BAR)
(a) Rule on the objection.
A: The objection is not tenable. In accordance with Manalili
v. CA (G.R. No. 113447, 09 Oct. 1997), since the accused h ad
red eyes and was walking unsteadily and the place is a
known hang- out of drug addicts, the police officers had
sufficient reason to stop the accused and to frisk him. Since
shabu was actually found during the investigation, it could
be seized without the need for a search warrant.
(b) What are the instances when warrantless
searches may be effected?
A: A warrantless search may be effected in the following
cases:
1. Searches incidental to a lawful arrest;
2. Searches of moving vehicles;
3. Searches of prohibited articles in plain view;
4. Enforcement of customs law;
5. Consented searches;
6. Stop and frisk [People v. Montilla, G.R. No. 123872,
30 Jan. 1998);
7. Routine searches at borders and ports of entry; (US
v. Ramsey, 431 U.S. 606, 06June 1977) and
8. Searches of businesses in the exercise of visitorial
powers to enforce police regulations. (New York v.
Burger, 482 U.S. 691, 19 June 1987).
Q: Johann learned that the police were looking for him
in connection with the rape of an 18-year old girl, a
neighbor. He went to the police station a week later and
presented himself to the desk sergeant. Coincidentally,
the rape victim was in the premises executing an
extrajudicial statement. Johann, along with six (6)
other suspects, were placed in a police lineup and the
girl pointed to him as the rapist. Johann was arrested
and locked up in a cell. Johann was charged with rape in
court but prior to arraignment invoked his right to
preliminary investigation. This was denied by the
judge, and thus, trial proceeded. After the prosecution
presented several witnesses, Johann, through counsel,
invoked the right to bail and filed a motion therefore,
which was denied outright by the Judge. Johann now
files a petition for certiorari before the CA arguing that
his arrest was not in accordance with law. Decide.
(1993 BAR)
A: YES, the warrantless arrest of Johann was not in
accordance with law. As held in Gov. CA (G.R. No.101832, 11
Feb.1992) his case does not fall under the Instances in Rule
113, Sec. 5 [a) of the 1985 Rules of Criminal Procedure
authorizing warrantless arrests. It cannot be considered a
valid warrantless arrest because Johann did not commit a
crime in the presence of the police officers, since they were
not present when Johann had allegedly raped his neighbor.
Neither can It be considered an arrest under Rule 113, Sec.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
5 (b) which allows an arrest without a warrant to be made
when a crime has in fact just been committed and the
person making the arrest has personal knowledge offsets
indicating that the person to be arrested committed it. Since
Johann was arrested a week after the alleged rape, it cannot
be deemed to be a crime which "has just been committed".
Nor did the police officers who arrested him have personal
knowledge of facts indicating that Johann raped his
neighbor.
3. WARRANTLESS SEARCHES
(2016, 2015, 2012, 2009 BAR)
Q: When can evidence "in plain view" be seized without
need of a search warrant? Explain. (2012 BAR)
A: Evidence in plain view can be seized without need of a
search warrant if the following elements are present:
(a) There was a prior valid intrusion based on the valid
warrantless arrest in which the police were legally
present pursuant of their du ties;
(b) The evidence was inadvertently discovered by the
police who had the right to be where they were;
(c) The evidence must be immediately apparent; and
(d) Plain view justified seizure of the evidence without
further search. (Del Rosario v. People, C.R. No.
142295, 31 May 2001)
Q: Ernesto, a minor, while driving a motor vehicle, was
stopped at a mobile checkpoint. Noticing that Ernesto is
a minor, SPOI Jojo asked Ernesto to exhibit his driver's
license but Ernesto failed to produce it. SPOI Jojo
requested Ernesto to alight from the vehicle and the
latter acceded. Upon observing a bulge in the pants of
Ernesto, the policeman frisked him and found an
unlicensed .22-caliber pistol inside Ernesto's right
pocket. Ernesto was arrested, detained and charged. At
the trial, Ernesto, through his lawyer, argued that,
policemen at mobile checkpoints are empowered to
conduct nothing more than a "visual search". They
cannot order the persons riding the vehicle to alight.
They cannot frisk o r conduct a body search of the driver
or the passengers of the vehicle.
Ernesto's lawyer thus posited that:
a) The search conducted in violation of the
Constitution and established jurisprudence
was an illegal search; thus, the gun which was
seized in the course of an illegal search is the
"fruit of the poisonous tree" and is inadmissible
in evidence.
b) The arrest made as a consequence of the invalid
search was likewise illegal, because an
unlawful act (the search) cannot be made the
basis of a lawful arrest.
Rule on the correctness of the foregoing arguments,
with reasons (2016 BAR)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
a) The search conducted in violation of the
Constitution and established jurisprudence
was an illegal search; thus, the gun which was
seized in the course of an illegal search is the
"fruit of the poisonous tree" and is inadmissible
in evidence.
A: The contention of Ernesto's lawyer is correct. The
warrantless search of motor vehicles at checkpoints should
be limited to a visual search. Its occupants should not be
subjected to a body search (Aniag, Jr. v. COMELEC, C.R. No.
104961, 07 Oct. 1994)
The "stop and frisk rule" applies when a police officer
observes suspicious activity or unusual activity which may
lead him to believe that a criminal activity may be afoot. The
"stop and frisk" is merely a limited protective search for
outer clothing for weapons
b) The arr est m ad e a s a consequence of the invalid
search was likewise illegal, because an
u nlawful act (the search) cannot be made the
basis of a lawful arrest.
A: Since there was no valid warrantless arres t, the
warrantless s earch was also illegal. The unlicensed .22
caliber pistol is inadmissible in evidence. (Luz v. People, C.R.
No. 197788, 29 Feb. 2012)
Q: Around 12:00 midnight, a team of police officers was
on routine patrol in Barangay Makatarungan when it
noticed an open delivery van neatly covered with
banana leaves. Believing that the van was loaded with
contraband, the team leader flagged down the vehicle
w hich was driven by Hades. He inquired from Hades
w hat was loaded on the van. Hades just gave the police
officer a blank stare and started to perspire profusely.
The police officers then told Hades that they will look
inside the vehicle. Hades did not make any reply. The
police officers then lifted the banana leaves and saw
several boxes. They opened the boxes and discovered
several kilos of shabu inside. Hades was charged with
illegal possession of illegal drugs. After due
proceedings, he was convicted by the trial court. On
appeal, the CA affirmed his conviction.
In his final bid for exoneration, Hades went to the
Supreme Court claiming that his constitutional right
against unreasonable searches and seizures was
violated when the police officers searched his vehicle
without a warrant; that the shabu confiscated from him
is thus inadmissible in evidence; and that there being
no evidence against him, he is entitled to an acquittal.
For its part, the People of the Philippines maintains that
the case of Hades involved a consented warrantless
search which is legally recognized. The People adverts
to the fact that Hades did not offer any protest when the
police officers asked him if they could look inside the
vehicle. Thus, any evidence obtained in the course
thereof is admissible in evidence. Whose claim is
correct? Explain. (2015 BAR)
74
 QuAMTO ( 1987-2021)
A: The warrantless search was illegal. There was no
probable cause to search the van. The shabu was not
immediately apparent. It was discovered only after they
opened the boxes. The mere passive silence of Hades did not
constitute consent to the warrantless search. (Caballes v. CA,
G.R. No. 163108, 23 Feb. 2005)
Q: A witnessed two hooded men with baseball bats
enter the house of their next door neighbor B. After a
few seconds, he heard B shouting, "Huwag Pilo
babayaran kita agad." Then A saw the two hooded men
hitting B until the latter fell lifeless. The assailants
escaped using a yellow motorcycle with a fireball
sticker on it toward the direction of an exclusive village
nearby. A reported the incident to POI Nuval.
The following day, POI Nuval saw the motorcycle
parked in the garage of a house at Sta. Ines Street inside
the exclusive village. He inquired with the caretaker as
to who owned the motorcycle. The caretaker named the
brothers Pilo and Ramon Maradona who were then
outside the country. POI Nuval insisted on getting
inside the garage. Out of fear, the caretaker allowed
him. POI Nuval took 2 ski masks and 2 bats beside the
motorcycle.
Was the search valid? What about the seizure? Decide
with reasons. (2009 BAR)
A: The warrantless search and the seizure was not valid. It
was not made as an incident to a lawful warrantles arre st.
[People v. Bau/a, G.R. No. 132671, 15 Nov. 2000) The
caretaker had no authority to waive the right of the brothers
Pila and Ramon Maradona to waive their right against an
unreasonable search and seizure. [People v. Damaso, G.R. No.
93516, 12 Aug. 1992) The warrantless seizure of the ski
masks and bats cannot be justified under the plain view
doctrine, because they were seized after an invalid
intrusion into the house. [People v. Balasa, G.R. No. 125754,
22 Dec. 1999)
4. EXCLUSIONARY RULE
Q: As a car driver was getting into their car inside the
parking area of a mall in Makati, two individuals
suddenly came from behind them. One pointed a gun to
the car driver's head while the other grabbed the car
keys in the driver's hand. The two then sped away with
the car.
After recovering from the initial shock, the driver took
their smartphone and opened the app "Find My Car."
"Find My Car" is an app that tracks in real time the
movement and location of a car through a Global
Positioning System (GPS) device installed in the car.
The driver then went to the nearest police station and
showed the officers the current location of the car as
shown on their smartphone. The car appeared to stop
at a spot in Novaliches, Quezon City.
75
Six hours after the car had been stolen, a combined
team of elite police officers from the Highway Patrol
Group and the Criminal Investigation Detection Group,
by force and without a warrant, searched a private
home in Novaliches, Quezon City. The private home was
pinpointed by the car's GPS tracker as displayed on the
driver's phone.
The private home is enclosed by a gate and is equipped
with security cameras. In the private home's garage, the
police officers found the driver's car, along with two
other cars which matched police records of previously
stolen motor vehicles. The officers seized and
impounded all three cars. Right then and there, they
also arrested the owner of the private home, who was
subsequently charged with carnapping. Are the seized
cars admissible in evidence? Explain briefly. (2020-21
BAR)
A: NO, they are not. The warrantless search was invalid. The
act of the police officers barging into or, with force, entering
the private home where the cars were found based purely
on the information obtained from the subject app but only
with respect to the owner's car, and after six hours from the
commission of the alleged crime, cannot be considered as
falling within the coverage of any of the permissible
warrantless searches, which include searches incidental to
a lawful arrest. [People v. Alberto II, G.R. No. 247906, 10 Feb.
2021; Pagigan v. People, G.R. No. 252003, 10 Feb. 2021;
Liwanag v. People, G.R. No. 249125, 26Apr. 2021)
The subject warrantless search preceded the warrantless
arrest. This is not allowed. It is established that, although a
warrantless search and seizure may be allowed as an
incident to a valid warrantless arrest, the latter must
precede the search and seizure. The process cannot be
reversed. [People v. Chua Ho San, G.R. No. 128222, 17 June
1999; People v.Aruta, G.R. No.120915, 03Apr.1998; Dionisio
v. People, G.R. No. 249880, 17 Feb. 2021) Moreover, it cannot
be said that said warrantless arrest was valid, not being
either an in flagrante delicto arrest or an arrest based on a
hot pursuit. (Sec. 5, Rule 113, Rules of Court)
The information that was relayed to the police officers by
the owner of the car based on the app cannot be considered
under the rules as probable cause for either type of
warrantless arrests. This constitutes additional reason for
the invalidity of the subject warrantless search and seizure,
which, to reiterate, could or may have been allowed under
the circumstances only if there had been a prior lawful
warrantless arrest. Accordingly, their seizure was unlawful.
They are therefore inadmissible in evidence, following the
rule in the Constitution to the effect that any evidence
obtained in violation of the rules against un- reasonable
searches and seizures shall be inadmissible for any purpose
in any proceeding. (Sec. 3 [2], Art. Ill, in relation to Sec. 2,
1987 Constitution)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
D. PRJVACY OF COMMUNICATIONS AND
CORRESPONDENCE
1. PRIVATE AND PUBLIC COMMUNICATIONS
Q: In a criminal prosecution for murder, the
prosecution presented, as witness, an employee of the
Manila Hotel who produced in court a videotape
recording showing the heated exchange between the
accused and the victim that took place at the lobby of
the hotel barely 30 minutes before the killing. The
accused objects to the admission of the videotape
recording on the ground that it was taken without his
knowledge or consent, in violation of his right to
privacy and the Anti-Wire Tapping law. Resolve the
objection with reasons. (2009 BAR)
A: The objection should be overruled. Wha t the law
prohibits is the overhearing, intercepting, and recording of
private communications. Since the exchange of heated
words was not private, its videotape recording is not
prohibited. (Navarro v. CA, C.R. No, 121087, 26 Aug. 1999)
2. INTRUSION, WHEN ALLOWED
3. EXCLUSIONARY RULE
E. FREEDOM OF SPEECH AND EXPRESSION
1. PRIOR RESTRAI NT AND
SUBSEQUENT PUNISHMENT
(2012, 2009, 1988, 1987 BAR)
Q: In a protest rally along Padre Faura Street, Manila,
Pedrong Pula took up the stage and began shouting
"Kayong mga k urakot kayo! Magsi-resign na kayo!
Kung hindi, manggugulo kami dito!" ("you corrupt
officials, you be tter resign now, or else we will cause
trouble here!") simu ltaneously, he brought out a rock
the size of a fist a nd pretended to hurl it at the flagpole
ar ea of a gove rnment building. He did not actually
throw the rock. (2012 BAR)
(a) Police officers who were monitoring the
situation immediately approached Pedrong
Pula and arrested him. He was prosecuted for
seditious speech and was convicted. On
appeal, Pedrong Pula argued he was merely
exercising his freedom of speech and freedom
of expression guaranteed by the Bill of Rights.
Decide with reasons.
A: Pedrong Pula should be acquitted. His freedom of speech
should not be limited in the absence of a clear and present
danger of a substantive evil that the state had the right to
prevent. He pretended to hurl a rock but did n ot actually
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
throw it. He did not commit any act of lawless violence.
(David v. Macapagal-Arroyo, C.R. No. 171396, 03 May 2006)
(b) What are the two (2) basic prohibitions of the
freedom of speech and of the press clause?
Explain.
A: The two basic prohibitions on freedom of speech and
freedom of the press are prior restraint and subsequent
punishment. (Chavez v. Gonzales, C.R. No. 168338, 15 Feb.
2008}
Q: The KKK Television Network (KKK-TV) aired the
documentary, "Case Law: How the Suprem e Court
Decides," without obtaining th e necessary permit
required by P.O. 1986. Con se quently, t he Movie and
Television Review and Classification Board (MTRCB)
suspended the airing of KKK- TV programs. MTRCB
declared that under P.O. 1986, it has the power of prior
review over all t elevision programs, except
"newsreels" a nd programs "by the Government", and
the subject d ocumentary does not fall under either of
these two classes. The suspension order was ostensibly
based on Memorandum Circular No. 98-17 which
grants MTRCB the authority to issue such an order.
KKK-TV filed a certiorari petition in court, raising the
following issues: Th e act of MTRCB constitutes "prior
restraint" and violates the constitutionally
guaranteed freedom of expression. (2009 BAR)
A: Th e contention of KKK-TV is not tenable. The prior
restraint is a valid exercise of police power. Television is a
medium which reaches even the eyes and ears of children.
(Iglesia ni Cristo v. CA, C.R. No.11 9673, 26July 1996)
ALTERNATIVE ANSWER:
The memo circular is unconstitutional. The act of the
Movie and Television Review and Classification Board
constitutes prior restraint and violates freedom of
expression. Any system of prior restraint has against it a
heavy presumption against its validity. Prior restraint is an
abridgment of the freedom of expression. There is n o
sh owing that the airing of the programs would constitute
a clear and present danger. (New York Times v. United
States, 403 U.S. 713 30 June 1971)
Q: The Secretary of Transportation and
Communications has warned radio station operators
against selling blocked time, on the claim that the time
covered thereby are often used by those buying them
to attack the present administration. Assume that the
department implements this warning and orders
owners and operators of radio stations not to sell
blocked time to interested parties without prior
clearance from the Department of Transportation and
Communications.
You are a pproached by an interes ted party affected
adversely by that order of the Secretary of
76
 QuAMTO ( 1987-2021)
Transportation and Communications. What would you
do regarding that ban on the sale of blocked time?
Explain your answer. (1988 BAR)
A: I would challenge its validity in court on the ground that
it constitutes a prior restraint on freedom of expression.
Such a limitation is valid only in exceptional cases, such as
where the purpose is to prevent actual obstruction to
recruitment of service or the sailing dates of transports or
the number and location of troops, or for the purpose of
enforcing the primary requirements of decency or the
security of community life. (Near v. Minnesota, 283 U.S. 697,
31 May 1931) Attacks on the government, on the other
hand, cannot justify prior restraints. For as has been
pointed out, "the interest of society and the maintenance of
good government demand a full discussion of public affairs.
Complete liberty to comment on the conduct of public men
is a scalpel in the case of free speech. (United States v.
Bustos, G.R. No. L-12592, 08 Mar. 1918)
The parties adversely affected may also disregard the
regulation as being on its face void. As has been held, "any
system of prior restraints of expression comes to the court
bearing a heavy presumption against its constitutional
validity," and the government "thus carries a heavy burden
of showing justification for the imposition of such a
restraint." (New York Times v. United States, 403 U.S. 713, 30
June 1971) The usual presumption of validity that inheres
in legislation is reversed in the case oflaws imposing prior
restraint on freedom of expression.
Q: In the morning of 28 Aug. 1987, during the height of
the fighting at Channel 4 and Camelot Hotel, the military
closed Radio Station XX, which was excitedly reporting
the successes of the rebels and movements towards
Manila and troops friendly to the rebels. The reports
were correct and factual.
On 06 Oct. 1987, after normalcy had returned and the
Government had full control of the situation, the
National Telecommunications Commission, without
notice and hearing, but merely on the basis of the report
of the military, cancelled the franchise of station XX.
(1987 BAR)
Discuss the legality of:
(a) The action taken against the station on 28
Aug.1987; and
A: The closing down of Radio Station XX during the
fighting is permissible. With respect to news media,
wartime censorship has been upheld on the ground that
"when a nation is at war many things that might be said in
time of peace are such a hindrance to its efforts that their
utterance will not be endured so long as men fight and that
no Court could regard them as protected by any
constitutional right." The security of community life may
be protected against incitements to acts of violence and
the overthrow by force of orderly government (Near v.
Minnesota, 283 U.S. 697, 31 May 1931; Justice Holme's
77
opinion in Schenck v. United States, 249 U.S. 47, 03 Mar.
1919; New York Timesv. United States, 403 U.S. 713, 30 June
1971). With greater reason then may censorship in times
of emergency be justified in the case of broadcast media
since their freedom is somewhat lesser in scope. The
impact of the vibrant speech, as Justice Gutierrez said, is
forceful and immediate. Unlike readers of the printed
work, a radio audience has lesser opportunity to cogitate,
analyze and reject the utterance. [Eastern Broadcasting
Corp (DYRE) v. Dans, L-59329, 19 July 1985)
(b) The cancellation of the franchise of the
station on 06 Oct. 1987.
A: But the cancellation of the franchise of the station on
October 6, 1987, without prior notice and h earing, is void.
As held in Eastern Broadcasting Corporation [DYREJ v. Dans
Jr. (G.R. No. L-59329, 19 July 1985), the cardinal primary
requirements in administrative proceedings (one of which
is that the parties must fi rst be heard) as laid down in Ang
Tibay v. CIR (G.R. No. L-46496, 27 Feb. 1940) must be
observed in closing a radio station because radio broadcasts
are a form of constitutionally- protected expression.
2. CONTENT-BASED AND
CONTENT-NEUTRAL REGULATIONS
3. FACIAL CHALLENGES AND
OVERBREADTH DOCTRINE
(2015, 2010 BAR)
Q: When is a facial challenge to the constitutionality of
a law on the ground of violation of the Bill of Rights
traditionally allowed? Explain your answer. (2015
BAR)
A: A facial challenge is one that is launched to assail the
validity of statutes concerning not only protected speech,
but also all other rights (in the First Amendment [US.])
including religious freedom, freedom of the press, and the
rights of the people to peaceably assemble, and to petition
the Government for a redress of grievances.
While the Court has withheld the application of facial
challenges to strictly penal statues, it has expanded its
scope to cover statues not only regulating free speech, but
also those involving religious freedom, and other
fundamentals rights. For unlike its counterpart in the U.S.,
the Court, under its expanded jurisdiction, is mandated by
the Fundamental Law not only to settle actual controversies
involving rights which are legally demandable and
enforceable, but also 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." [Imbong v. Ochoa, G.R. No. 204819, 08
Apr. 2014)
Q: What is the doctrine of "overbreadth"? In what
context can it be correctly applied? Not correctly
applied? Explain. (2010 BAR)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

A: A statute is overbroad when a governmental purpose to 5. STATE REGULATION OF

control or prevent activities constitutionally subject to state DIFFERENT TYPES OF MASS MEDIA
regulations is sought to be achieved by means which sweep
unnecessarily broadly and invade the area of protected Q: A law is passed penalizing any criticism of any sitting
freedom. It applies both to free speech cases and penal Member of the Supreme Court on any media platform.
statutes. However, a facial challenge on the ground of The penalty is higher when the criticism is made
overbreadth can only be made in free speech cases because through social media. Is the law constitutional? Explain
of its chilling effect upon protected speech. A facial briefly. (2020-21 BAR)
challenge on the ground of overbreadth is not applicable to
penal statutes, because in general they have an in terrorem A: No, it is not. It constitutes impermissible prior r estraint
effect. {Southern Hemisphere Engagement Network, Inc. v. and is therefore an undue and unconstitutional
Anti-terrorism Council, C.R. No. 178552, 05 Oct. 201 OJ abridgement of freedom of expression, which allows
criticism by citizens of public officers (U.S. v. Bustos, C.R. No.
4. TESTS TO DETERMINE THE VALIDITY OF L-12592, 08 Mar. 1918), including Members of the Supreme
GOVERNMENTAL REGULATION Court, provided that the same, with respect to the latter,
should be made respectfully (People v. Godoy, C.R. No.
Q: Allmighty Apostles is a relatively new religious group 115908-09, 06 Dec. 1995) a nd cannot cover subjudice
and movement with fast- growing membership. One matters. (People v. Alarcon, C.R. No. 46551, 12 Dec. 1939)
time, DeepThroat, an investigative reporter, made a
research and study as to what the group's leader, 6 . UNPROTECTED SPEECH
Maskeraid, was actually doing. DeepThroat eventually
came up with the conclusion that Maskeraid was a
phony who is just fooling the simple-minded people to F. FREEDOM OF RELIGION
part with their money in exchange for the promise of
eternal happiness in some far-away heaven. This was
published in a newspaper which caused much agitation
1. NON-ESTABLISHMENT AND
among the followers of Maskeraid. Some threatened
FREE EXERCISE CLAUSES
violence against DeepThroat, while some others
already started destroying properties while hurting
NON-ESTABLISHMENT CLAUSE
those selling the newspaper. The local authorities,
(2018, 2016, 2012, 2010, 2007, 1992 BAR)
afraid of the public disorder that such followers might
do, decided to ban the distribution of the newspaper
Q: Distinguish fully between the "free exercise of
containing the article.
religion clause" and the "non- establishment of
religion clause". (2012 BAR)
DeepThroat went to court complaining about the
prohibition placed on the dissemination of his article.
A: The freedom of exercise of religion entails the right to
He claims that the act of the authorities partakes of the
believe, which is absolute, and th e right to act on one's
nature of heckler's veto, thus a violation of press
belief, which is subject to regulation. As a rule, the freedom
freedom. On the other hand, the authorities counter
of exercise of religion can be restricted only if there is a
that the act was necessary to protect the public order
clear and present danger of a substantive evil which the
and the greater interest of the community.
state has the right to prevent. (Iglesia ni Cristo v. CA, C.R. No.
119673, 26July 1996)
If you were the judge, how would you resolve the issue?
(2014 BAR)
The non-establishment clause implements the principle of
separation of church and state. The state cannot set up a
A: If I were the judge, I would rule that the distribution of
church, pass laws that aid one religion, and all religions,
the newspaper cannot be banned. Freedom of the news
prefer one religion over another force or influence a person
should be allowed although it induces a condition of unrest
to go to or remain away from church against his will, of
and stirs people to anger. Freedom of the press incl udes
force him to profess a belief or disbelief in any religion.
freedom of circulation (Chavez v. Gonzales, C.R. No. 168338,
(Everson v. Board of Education, 330 U.S. 1, 10 Feb. 194 7)
15 Feb. 2008). When governmental action that restricts
freedom of the press is based on content, it is given the
Q: Congress enacted law to provide Filipinos,
strictest scrutiny and the government must show that there
especially the poor and the marginalized, access and
is a clear and present danger of the substantive evil which
information to a full range of modern family planning
the government has the right to prevent. The threats of
methods, including contraceptives, intrauterine
violence and even the destruction of properties while
devices, injectables, non- abortifacient hormonal
hurting hose selling the newspaper do not cons ti tu tea clear
contraceptives, and family planning products and
and present danger as to warrant curtailment of the right of
supplies, but expressly prohibited abortion. To ensure
DeepThroat to distribute the newspaper. (Chavez v.
its objectives, the law made it mandatory for health
Gonzales, C.R. No. 168338, 15 Feb. 2008)
providers to provide information on the full range of
modern family planning methods, supplies and

UNIVERSITY OF S A NTO TOMAS 78

20 22 GOLDEN NOTES
 QuAMTO ( 1987-2021)
services, for schools to provide reproductive health
education, for non-governmental medical
practitioners to render mandatory 48 hours pro bono
reproductive health services as a condition to
Philhealth accreditation, and for couples desiring to
marry to attend a family planning seminar prior to the
issuance of a marriage license. It also punishes certain
acts of refusals to carry out its mandates. The spouses
Aguiluz, both Roman Catholics, filed a petition to
declare the law as unconstitutional based on, among
others, the following ground:
It violates the Freedom of Religion, since petitioners'
religious beliefs prevent them from using
contraceptives, and that any State- sponsored
procurement of contraceptives, funded by taxes,
violates the guarantee of religious freedom.
Rule on the above objection. (2018 BAR)
A: What is prohibited in the Constitution is the
establishment of a state religion. While the establishment
clause in the Constitution restricts what the government
can do with religion, it also limits what religious sects can
or cannot do with the government. They can neither cause
the government to adopt their particular doctrine as policy
for everyone, nor can they cause the government to restrict
other groups. To do so would cause the State to adhere to
a particular religion, and thus establish a state religion.
(Imbong v. Ochoa, GR No. 204819, 08Apr. 2014)
Congress passed a bill appropriating P100-billion. Part
of the money is to be used for the purchase of a 200-
hectare property in Antipolo. The rest shall be spent for
the development of the area and the construction of the
Universal Temple for all the World' s Faiths (UTAW-P).
When completed, the site will be open, free of charge, to
all religions, beliefs, and faiths, where each devotee or
believer shall be accommodated and treated in a fair
and equal manner, without distinction, favor, or
prejudice. There will also be individual segments or
zones in the area which can be used for the conduct of
whatever rituals, services, sacraments, or ceremonials
that may be required by the customs or practices of
each particular religion. The President approved the
bill, happy in the thought that this could start the
healing process of our wounded country and encourage
people of varied and often conflicting faiths to live
together in harmony and in peace.
The law is questioned in the ground that it violates Sec.
5, Article II of the Constitution that "no law shall be made
respecting an establishment of religion or prohibiting
the free exercise thereof," how will you resolve the
challenge? Explain. (2016 BAR)
A: The contention must be rejected. The use of the site
temple will not be limited to a particular religious sect. It
will be made available to all religious sects. The temporary
use of public property for religious purposes without
79
discrimination does not violate the Constitution. [Ignacio v.
De la Cruz No. L-6858, 31 May 1956)
ALTERNATIVE ANSWER:
The contention is meritorious. The state cannot pass laws
which aid one religion, all religions, or prefer one religion
over another. [Emerson v. Board of Education, 330 U.S. 1, 10
Feb. 1947)
NOTE: It is recommended that both answers be accepted as
correct and be given full credit.
Q: To instill religious awareness in the students of
Dofia Trinidad High School, a public school in Bulacan,
the Parent-Teachers Association of the school
contributed funds for the construction of a grotto and
a chapel where ecumenical religious services and
seminars are being held after school hours. The use of
the school grounds for these purposes was questioned
by a parent who does not belong to any religious group.
As his complaint was not addressed by the school
officials, he filed an administrative complaint against
the principal before the DECS.
Is the principal liable? Explain briefly. (2010 BAR)
A: The principal is liable. Although the grotto and the
chapel can be used by different religious sects without
discrimination, the land occupied by the grotto and the
chapel will be permanently devoted to religious use
without being required to pay rent. This violates the
prohibition against establishment of religion enshrined in
Sec.S of the Bill of Rights. (Opinion 12 of the Secretary of
Justice dated 02 Feb. 1979) Although religion is allowed to
be t aught in public elementary and high schools, it should
be w ithout additional cost to the government. (Sec. 3(3),
Art. XIV, 1987 Constitution)
Q: The principal of Jaena High School, a public school,
wrote a letter to the parents and guardians of all the
school's pupils, informing them that the school was
willing to provide religious instruction to its Catholic
students during class hours, through a Catholic priest.
However, students who wished to avail of such religious
instruction needed to secure the consent of their
parents and guardians in writing. (2007 BAR)
(a) Does the offer violate the constitutional
prohibition against the establishment of
religion?
A: The offer does not violate the Constitutional prohibition
against the establishment of religion. Section 3(3), Article
XIV of the 1987 Constitution provides that at the option
expressed in writing by their parents or guardians, religion
shall be taught to students in public elementary and high
schools within regular class hours by instructors
designated or approved by the religious authorities of their
religion.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
(b) The parents of evangelical Christian students,
upon learning of the offer, demanded that they
too be entitled to have their children instructed
in their own religious faith during class hours.
The principal, a devout Catholic, rejected the
request. As counsel for the parents of the
evangelical students, how would you argue in
support of their position?
A: As counsel for the parents of the evangelical students, I
shall argue that the rejection of their request violates the
guarantee of the free exercise and enjoyment of religious
profession and worship, without discrimination or
preference. The exercise of religious freedom includes the
right to disseminate religious information. (Iglesia ni Cristo
v. CA, C.R. No. 119673, 26July 1996)
Q: Upon request of a group of overseas contract
workers in Brunei, Rev. Father Juan de la Cruz, a
Roman Catholic priest, was sent to that country by the
President of the Philippines to minister to their
spiritual needs. The travel expenses, per diems,
clothing allowance and monthly stipend of PS,000
were ordered charged against the President's
discretionary fund. Upon post audit of the vouchers
therefor, the COA refused approval thereof claiming
that the expenditures were in violation of the
Constitution. Was the COA correct in disallowing the
vouchers in question? (1997 BAR)
A: YES, the COA was correct in disallowing the
expenditures.Sec. 29(2),Art. VI ofthe Constitution prohibits
the expenditure of public funds for the use, benefit, or
support of any sect, church, denominati on, sectarian
institution, or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or
government orphanage or leprosarium.
The s ending of a priest to minister to the spiritual needs of
overseas contract workers does not fall within the scope of
any of the exceptions.
Q: Recognizing the value of education in making the
Philippine labor market attractive to foreign
investment, the DECS offers subsidies to accredited
colleges and universities in order to promote quality
tertiary education. The DECS grants a subsidy to a
Catholic school which requires its students to take at
least 3 hours a week of religious instruction. (1992
BAR)
(a) Is the subsidy permissible? Explain
A: NO, the subsidy is not permissible. Such will foster
religion, since the school give religious instructions to
students. Besides, it will violate the prohibition in Sec.
29(2), Art. VI of the Constitution against the use of public
funds to aid religion. Financial assistance to a sectarian
school violates the prohibition against the establishment
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
of religion if it fosters an excessive government
entanglement with religion. (Lemon v. Kurtzman, 403 U.S.
602, 28 June 1971) Since the school requires its students t o
take at least three hours a week of religious instructions,
to ensure that the financial assistance will not be used for
religious purposes, the government will have to conduct a
continuing surveillance. This involves excessive
entanglement with religion.
(b) Presuming that you answer in the negative,
would it make a difference if the subsidy were
given solely in the form of laboratory
equipment in chemistry and physics?
A: If the assistance would be in the form of laboratory
equipment in chemistry and physics, it will be valid. The
purpose of the assistance is secular, i.e., th e improvement
of the quality of tertiary education. Any benefit to religion
is merely incidental. Since the equipment can only be used
for a secular purpose, it is religiously neutral. It will not
involve excessive government entanglement with religion,
for the use of the equipment will not require surveillance.
(Tilton v. Richardson, 403 U.S. 672, 28 June 1971)
( c) Presume, on the other hand, that the subsidy is
given in the form of scholarship vouchers given
directly to the student and which the student
can use for paying tuition in any accredited
school of his choice, whether religious or non-
sectarian. Will y our answer be different?
A: In general, the giving of scholarship vouchers to students
is valid. Sec. 2(3), Art. XIV of the Constitution requires the
State to establish a system of subsidies to deserving
students in both public and private schools . However, the
law is vague and overbroad. Under it, a student who wants
to study for the priesthood can apply for the subsidy and
use it for his studies. This will involve using public funds to
aid religion .
FREE EXERCISE CLAUSE
(2009, 2003, 1998, 1997 BAR)
Q: A religious organization has a weekly television
program. The program presents and propagates its
religious doctrines and compares their practices with
those of other religions. As the Movie and Television
Review and Classification Board (MTRCB) found as
offensive several episodes of the program which
attacked other religions, the MTRCB required the
organization to submit its tapes for review prior to
airing.
The religious organization brought the case to court on
the ground that the action of the MTRCB suppresses its
freedom of speech and interferes with its right to free
exercise of religion. Decide. (1998, 2009 BAR)
A: The religious organization must submit the tapes to the
MTRCB. Freedom of speech and free dom of religion does
not shield any religious organization against the regula tion
80
 QuAMTO ( 1987-2021)
of the government on its program over the television. The
right to act on one's religious belief is not absolute and is
subject to police power for the protection of the general
welfare.
However, the MTRCB cannot ban the tapes on the ground
that they attacked other religions. In Iglesia ni Cristo v. CA,
(G.R. No. 119673, 26 July 1996) the Court held that the
respondent Board may disagree with the criticisms of
other religions by petitioner but that gives it no excuse to
interdict such criticisms, however, unclean they may be.
Under our constitutional scheme, it is not the task of the
State to favor any religion by protecting it against an attack
by another religion.
Moreover, the broadcasts do not give rise to a clear and
present danger of a substantive evil. In the case of Iglesia ni
Cristo v. CA, (G.R. No. 119673, 26 July 1996) prior restraint
on speech, including the religious speech, cannot be
justified by hypothetical fears but only by the showing of a
substantive and imminent evil which has taken the reality
already on the ground.
Q: Section 28, Title VI, Chapter 9, of the Administrative
Code of 1987 requires all educational institutions to
observe a simple and dignified flag ceremony,
including the playing or singing of the Philippine
National Anthem, pursuant to rules to be promulgated
by the Secretary of Education, Culture and Sports, The
refusal of a teacher, student or pupil to attend or
participate in the flag ceremony is a ground for
dismissal after due investigation.
The Secretary of Education Culture and Sports issued a
memorandum implementing said provision of law. As
ordered, the flag ceremony would be held on Mondays
at 7:30a.m. during class days. A group of teachers,
students and pupils requested the Secretary that they
be exempted from attending the flag ceremony on the
ground that attendance thereto was against their
religious belief. The Secretary denied the request. The
teachers, students and pupils concerned went to Court
to have the memorandum circular declared null and
void. Decide the case. (1997, 2009 BAR)
A: The teachers and the students should be exempted from
the flag ceremony. As held in Ebralinag v. Division
Superintendent of Schools of Cebu, (G.R. No. 95770, 01 Mar.
1993) to compel them to participate in the flag ceremony
will violate their freedom of religion. Freedom of religion
cannot be impaired except upon the showing of a clear and
present danger of a substantive evil which the State has a
right to prevent. The refusal of the teachers and the
students to participate in the flag ceremony does not pose
a clear and present danger. To compel them to participate
in the flag ceremony will violate their freedom of religion.
(UPLC Suggested Answers)
Q: Children who are members of a religious sect have
been expelled from their respective public schools for
refusing, on account of their religious beliefs, to take
81
part in the flag ceremony which includes playing by a
band or singing the national anthem, saluting the
Philippine flag, and reciting the patriotic pledge. The
students and their parents assail the expulsion on the
ground that the school authorities have acted in
violation of their right to free public education,
freedom of speech, and religious freedom and worship.
Decide the case. (2003 BAR)
A: The students cannot be expelled from school. To compel
students to take part in the flag ceremony when it is against
their religious beliefs will violate their religious freedo m.
(Ebralinag v. Division Superintendent ofSchools of Cebu, G.R.
No. 95770, 01 Mar. 1993) Their expulsion also violates the
duty of the State under Sec. 1, Art. XIV of the 1987
Constitution to protect and promote the right of all citizens
to quality education and make such education accessible to
all.
2. BENEVOLENT NEUTRALITY AND CONSCIENTIOUS
OBJECTORS
Q: Fernando filed an administrative complaint against
his co-teacher, Amelia, claiming that the latter is living
with a married man who is not her husband. Fernando
charged Amelia with committing "disgraceful and
immoral conduct" in violation of the Revised
Administrative Code and, thus, should not be allowed
to remain employed in the government. Amelia, on the
other hand, claims that she and her partner are
members of a religious sect that allows members of the
congregation who have been abandoned by their
respective spouses to enter marital relations under a
"Declaration of Pledging Faithfulness." Having made
such Declaration, she argues that she cannot be
charged with committing immoral conduct for she is
entitled to free exercise of religion under the
Constitution. (2016 BAR)
(a) Is Amelia administratively liable? State your
reasons briefly.
A: Amelia is not administratively liable. There is no
compelling state interest that justifies inhibiting free
exercise of religious beliefs. The means used by the
government to achieve its legitimate objective is not the
least intrusive means
(b) Briefly explain the concept of "benevolent
neutrality."
A: Under the benevolent neutrality approach, the "wall of
separation" is meant to protect the church from the State.
It believes that with respect to governmental actions,
accommodation of religion may be allowed, not to promote
the government's favored form of religion, but to allow
individuals and groups to exercise their religion without
hindrance. What is sought is not a declaration of
unconstitutionality of the law but an exemption from its
application. [Estrada v. Escritor, A.M. No. P-02-1651, 22 June
2006)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

3. TESTS TO DETERMINE THE VALIDITY OF his liberty of abode.

GOVERNMENTAL REGULATION
Will the suit prosper? (1998 BAR)

G. LIBERTY OF ABODE AND RIGHT TO TRAVEL A: NO, the suit will not prosper. Sec. 6, Art. III of the 1987
Constitution provides: "The liberty of abode and of
changing the same within the limits prescribed by law shall
not be impaired except upon lawful order of the court."
1. SCOPE AND LIMITATIONS
(2012, 1998, 1996 BAR)
The liberty of abode is subject to the police power of the
State. Requiring the segregation of lepers is a valid exercise
Q: Mr. Violet was convicted by the RTC of Estafa. On
of police power. Judicial notice will be taken of the fact that
appeal, he filed with the CA a Motion to Fix Bail for
leprosy is commonly believed to be an infectious disease
Provisional Liberty Pending Appeal. The CA granted the
tending to cause one afflicted with it to be shunned and
motion and set a bail amount in the sum of Five (5)
excluded from society, and that compulsory segregation of
Million Pesos, subject to the conditions that he secure
lepers as a means of preventing the spr ead of the disease is
"a certification/ guaranty from the Mayor of the place
supported by high scientific authority. (Lorenzo v. Director
of his residence that he is a resident of the area and that
of Health, C.R. No. 27484, 01 Sept. 1927)
he will remain to be a resident therein until final
judgment is rendered or in case he transfers residence
Q: The military comm ande r-in charge of the operation
it must be with prior notice to the court". Further, h~
against rebel groups directed the inhabitants of the
was ordered to surrender his passport to the Division
island w hich w ould be the target of attack by
Clerk of Court for safekeeping until the court orders its
government forces to evacuate the area and offered
return. (2012 BAR)
the residents temporary military hamlet.

(a) Mr. Violet challenges the conditions imposed by

Can the military commander force the residents to
the CA as violative of his liberty of abode and
transfer their place s of abode without a court order?
right to travel. Decide with reasons.
Explain. (1996 BAR)

A: The right to change abode and the right to travel are not
A: NO, the military commander cannot compel the
absolute. The liberty of changing abode may be unpaired
residents to transfer their places of abode without a court
upon order of the court. The order of the CA is lawful,
order. Under Sec. 6, Art. III of the 1987 Constitution, a lawful
because the purpose is to ensure that the accused will be
order of the court is required before the liberty of abode
available whenever his presence is required. He is not
and of changing the same can be impaired. (UPLC Suggested
being prevented from changing his abode. He is merely
Answers)
being required t o inform the CA if he does. ( Yap v. CA, C.R.
NO.141529, 06 June 2001)
2. WATCH-LIST AND HOLD DEPARTURE ORDERS

(b) Are "liberty of abode" and "the right to travel"

absolute rights? Explain. What are the
respective exception/s to each right if any? H. RIGHT TO INFORMATION

A: The liberty of abode and the right to travel are not

absolute. The liberty of abode and of changing it can be 1. SCOPE AND LIMITATIONS
imposed within the limits prescribed by law upon lawful
order of the court. The right to travel may be unimpaired
in the interest of national security, public safety, or public I. EMINENT DOMAIN
health as may be provided by law. (Sec.6, Art. III, 1987
Constitution)

1. CONCEPT
In addition, the court has the inherent power to restrict the
right of an accused who has a pending criminal case to
Q: The City of Pasig initiated expropriation
travel abroad t o maintain its jurisdiction over him.
proceedings on a one-hectare lot which is part of a 10-
(Santiago v. Vasquez, C.R. No. 99289-90, 27 Jan. 1993)
hectare parcel of land devoted to the growing of
vegetables. The purpose of the expropriation is to use
Q: Juan Casanova contracted Hansen's disease
the land as a relocation site for 200 families squatting
(leprosy) with open lesions. A law requires that lepers
along the Pasig river. (1996 BAR)
be isolated upon petition of the City Health Officer. The
wife of Juan Casanova wrote a letter to the City Health
(a) Can the owner of the property oppose the
Officer to have her formerly philandering husband
expropriation on the ground that only 200 out
confined in some isolated leprosarium. Juan Casanova
of the more than 10,000 squatter families in
challenged the constitutionality of the law as violating

UNIVERSITY OF SANTO TOMAS 82

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
Pasig City will benefit from the expropriation?
Explain.
A: NO, the owner of the property cannot oppose the
expropriation on the ground that only 200 out of more than
10,000 squatter families in Pasig City will benefit from the
expropriation. The acquisition of private property for
socialized housing is for public use and the fact that only a
few and not everyone will benefit from the expropriation
does not detract from the nature of the public use.
[Philippine Columbian Association v. Panis, G.R. No. L-
106528, 21 Dec. 1993)
(b) Can the Department of Agrarian Reform
require the City of Pasig to first secure
authority from said Department before
converting the use of the land from
agricultural to housing? Explain.
A: NO, the Department of Agrarian Reform cannot require
Pasig City to first secure authority from it before
converting the use of the land from agricultural to
residential. There is no provision in the Comprehensive
Agrarian Reform Law which subjects the expropriation of
agricultural lands by local government units to the control
of the Department of Agrarian Reform and to require
approval from the Department of Agrarian Reform will
mean that it is not the local government unit but the
Department of Agrarian Reform who will determine
whether or not the expropriation is for a public use.
[Province of Camarines Sur v. CA, G.R. No. 103125, 17 May
1993)
2. JUST COMPENSATION
(2016, 2014, 1994, 1993 BAR)
Q: In expropriation proceedings, what legal interest
should be used in the computation of interest on just
compensation? (1993 BAR)
A: As held in NPC v. Angas (G.R. Nos. 60225-26, 08 May
1992), in accordance with Article 2209 of the Civil Code, the
legal interest should be 6% a year. Central Bank Circular
No. 416, which increased the legal interestto 12% a year is
not applicable to the expropriation of property and is
limited to loans, since its issuance is based on Presidential
Decree No. 116, which amended the Usury Law.
Q: The Government, through Secretary Toogoody of
the Department of Transportation (DOTr), filed a
complaint for eminent domain to acquire a 1, 000-
hectare property in Bulacan, owned by Baldomero.
The court granted the expropriation, fixed the amount
of just compensation, and installed the Government in
full possession of the property. (2016 BAR)
(a) If the government does not immediately pay
the amount fixed by the court as just
compensation, can Baldomero successfully
demand the return of the property to him?
Explain your answer?
83
A: If the government does not pay Baldomero the just
compensation immediately, he cannot demand the return
of the property to him. Instead, legal interest should be
paid from the time of taking of the property until actual
payment in full. [Republic v. CA, G.R. No. 146587, 02 July
2002)
(b) If the government paid full compensation but
after two years it abandoned its plan to build
an airport on the property, can Baldomero
compel the government to re-sell the property
back to him? Explain your answer.
A: With respect to the element of public use, the
expropriator should commit to use the property for the
purpose stated in the petition. If not, it is incumbent upon
it to return the property t o the owner, if the owner desires
to reacquire it. Otherwise, t he judgment of expropriation
will lack the element of public use. The owner will be
denied due process and the judgment will violate his right
to justice. [Ma ctan-Cebu Airport Authority v. Lozada, Sr.,
G.R. No.176625, 25 Feb. 2010) If the just compensation was
not paid within five (5) years from finality of judgment, the
owner is entitled to recover the property. [Republic v. Lim,
G. R. No. 161656, 29 June 2005)
Q: The National Power and Grid Corporation (NPGC), a
government entity involved in power generation
distribution, had its transmission lines traverse some
fields belonging to Farmerjoe. NPGC did so without
instituting any expropriation proceedings. Farmerjoe,
not knowing any better, did not immediately press his
claim for payment until after ten years later when a
son of his took up Law and told him that he had a right
to claim compensation. That was then the only time
that Farmerjoe earnestly demanded payment.
When the NPGC ignored him, he instituted a case for
payment of just compensation. In defense, NPGC
pointed out that the claim had already prescribed
since under its Charter it is clearly provided that
"actions for damages must be filed within five years
after the rights of way, transmission lines, substations,
plants or other facilities shall have been established
and that after said period, no suit shall be brought to
question the said rights of way, transmission lines,
substations, plants or other facilities."
If you were the lawyer of Farmerjoe, how would you
protect and vindicate the rights of your client? (2014
BAR)
A: Farmerjoe's demand for payment is justified and cannot
be considered as prescribed. His demand for payment is an
action for the payment of just compensation and not an
action for damages as provided in the Charter of the
National Power and Grid Corporation. It partakes of the
nature of a reverse eminent domain proceeding (or inverse
condemnation proceeding) wherein claims for just
compensation for property taken can be made and
pursued. (NPC v. Vda. De Capin, G.R. No. 175176, 17 Oct.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

2008; NPC v, Heirs of Sang kay, G,R, No, 165828, 24 Aug,

2011) K. NON-IMPAIRMENT OF CONTRACTS

ALTERNATIVE ANSWER:

1. CONCEPT AND LIMITATIONS

The right to recover just compensation is enshrined in no
Jess than our Bill of Rights, which s tates in clear and
categorical language that private property shall not be
taken for public use without just compensation. (NPC v, Sps, L. FREE ACCESS TO COURTS AND ADEQUATE LEGAL
Saludares, G,R, No, 18912 7, 25 Apr, 2012) This ASSISTANCE
constitutional mandate cannot be defeated by statutory
prescription. Thus, it would be a confiscatory a ct on the
part of the government to take the property of respondent
spous es for a public purpose and deprive them of their M. RIGHTS UNDER CUSTODIAL INVESTIGATION
right t o jus t compensati on, solely because they failed to
institute inverse condemnation proceedings within five
years from the time the transmission lines were
1. MEANING OF CUSTODIAL INVESTIGATION
constructed.
(2019, 2 016, 1997, 1993 BAR)

Q: The Municipality of Anti polo, Rizal expropriated the

Q: Mrs. W sup p lies the Ph ilippine National Police (PNP)
property ofJuan Reyes for use as a public market. The
with uniforms every year. Last month, he and two (2)
Municipal Council appropriated Pl,000,000 for the
other officers of th e PNP conspired to execute a "ghost
purchase of the lot but the Regional Trial Court, on the
purchase", covered by five (5) checks amounting to
basis of the evidence, fixed the value at P2,000,000.
P2 0 0,0 0 0.00 each, or a total of Pl,000,000.00. An
(1994 BAR)
inve stigating committee within the PNP, which was
constituted to look into it, invited Mrs. W, among
(a) What legal action can Juan Reyes take to collect
o thers, for an inquiry regarding the anomalous
the balance?
t ran saction. Mr s . W a ccepted the invitation but during
the committee hearing, she stated that she will not
A: To collect the balance of Judgment, as stated in Tan Toco
answer a ny question u nless she be provided with the
v. Municipal Council of lloilo (G,R. No. L-24950, 25 Mar.
assistance of a cou n sel. The PNP officials denied her
1926), Juan Reyes may levy on patrimonial properties of
request; hence, she no longer participated in the
the Municipality of Anti polo. If it has no patrimonial
investigation.
properties in accordance with the Municipality ofMakati v,
CA (G,R, No, 89898-99, 01 Oct 1990), the remedy of Juan
What is a custodial investigation? Under the 1987
Reyes is t o file a petition for mandamus to compel the
Cons titution, what are the rights of a person during
Municipality of Antipolo t o appropriate the necessary
cus todial investigation? (2019 BAR)
fun ds t o satisfy the judgment.
A: Cust odial inves tigation refers to any questioning
(b) Can Juan Reyes ask the Re gional Trial Court to
initiated by Jaw enforcement officers after a person has
garnish the Municipality's account with the
been taken into custody. (People v, Basay, G,R, No, 86941, 03
Land Bank?
Mar, 1993) The rights of a person under custodial
investigation include the right to remain sil ent, the right to
Pursuant t o the ruling in Pasay Government v, CF! of Manila
have competent and independen t counsel, and the right to
(G,R, No, L- 32162, 28 Sept 1984), since the Municipality of
be informed of these rights. (Sec, 12 (1), Art lll, 1987
Antipolo has a ppropriated Pl,000,000 to pay for the lot, its
Constitution)
bank a ccount may be garnished but up to this amount only.

Q: The contents of the vault of ABC company consisting

3. EXPROPRIATION BY LOCAL GOVERNMENT UNITS
of cash and documents were stolen. Paulyn, the
treasurer of ABC, was invited by the Makati City Police
Department to shed light on the amount of cash stolen
J. RIGHT TO ASSOCIATION and the details of the missing documents. Paulyn
obliged and volunteered the information asked. Later,
Paulyn was charged with qualified theft together with
1. SCOPE AND LIMITATIONS other suspects. Paulyn claims her rights under the
Constitution and pertinent laws were blatantly
violated. The police explained that they were just
gathering evidence when Paulyn was invited for a
conference, and she was not a suspect at that time. Rule
on her defense. (2016 BAR)

UNIVE R SITY O F S A NTO TO M AS 84

20 2 2 GOLD E N NOTES
 QuAMTO ( 1987-2021)
A: The defense of Paulyn is bereft of merit. It is axiomatic
that constitutional rights of a person under investigation
for the commission of an offense under Sec. 12(1), Art. III of
the Constitution begins when there is no longer a general
inquiry into an unresolved crime and the investigation has
stated to focus on a particular person as a suspect., i.e.,
when the police investigator starts interrogating or
exacting a confession from the suspect in connection with
an alleged offense. When she was invited for questioning
by the Makati City Police Department and she volunteered
information, she was not yet a suspect.
Q: An information for parricide was filed against
Danny. After the NBI found an eyewitness to the
commission of the crime, Danny was placed in a police
line-up where he was identified as the one who shot
the victim. After the line-up, Danny made a confession
to a newspaper reporter who interviewed him. (1994
BAR)
(a) Can Danny claim that his identification by the
eyewitness be excluded on the ground that the
line-up was made without benefit of his
counsel?
A: NO, the identification of Danny, a private person, by an
eyewitness during the line-up cannot be excluded in
evidence. In accordance with the ruling in People v. Hatton,
210 SCRA 1, the accused is not entitled to be assisted by
counsel during a police line-up, because it is not part of
custodial investigation since he was not being questioned
but was merely being asked to exhibit his body for
identification by a witness. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
YES, in United States v. Wade, (388 U.S. 21 8, 12 June 1967)
it was held that on the basis of the Sixth, rather than the
Fifth Amendment (equivalent to Sec. 14 (2), Art. III rather
than Sec. 12(1)), the police line-up is such a critical stage
that it carries "potential substantial prejudice" for which
reason the accused is entitled to the assistance of Counsel.
(ibid.)
(b) Can Danny claim that his confession be
excluded on the ground that he was not
afforded his "Miranda" rights?
A: NO. Danny cannot ask that his confession to a
newspaper reporter should be excluded in evidence. As
held in People v. Bernardo (G.R No. 97393, 17 Mar. 1993),
such an admission was not made during a custodial
interrogation, but a voluntary statement made to the
media. (ibid.)
2. RIGHTS OF A PERSON
UNDER CUSTODIAL INVESTIGATION
(2014, 2013, 2012, 2009 BAR)
Q: The police got a report about a shooting incident
during a town fiesta. One person was killed. The police
85
immediately went to the scene and started asking the
people about what they witnessed. In due time, they
were pointed to Edward Gunman, a security guard, as
the possible malefactor. Edward was then having
refreshment in one of the eateries when the police
approached him.
They asked him if he had a gun to which question he
answered yes. Then they asked if he had seen anybody
shot in the vicinity just a few minutes earlier and this
time he said he did not know about it. After a few more
questions, one of the policemen asked Edward if he
was the shooter. He said no, but then the policeman
who asked him told him that several witnesses pointed
to him as the shooter. Whereupon Edward broke down
and started explaining that it was a matter of self-
defense.
Edward was eventually charged with murder. During
his trial, the statements he made to the police were
introduced as evidence against him. He objected
claiming that they were inadmissible since he was not
given his Miranda rights. On the other hand, the
prosecution countered that there was no need for such
rights to be given since he was not yet arrested at the
time of the questioning.
If you were the judge, how would you rule on the issue?
(2014 BAR)
A: If I were the judge, I would rule that the confession is
inadmissible. First, th e rights under investigation in Sec. 12,
Art. III of the Constitution are applicable to any person
under investigation for the commission of an offense. The
investigation began when a policeman told Edward that
several witnesses pointed to him as the shooter, because it
started to focus on him as a suspect [People v. Labtan, G.R.
No. 127493, 08 Dec. 1999)
Q: As he was entering a bar, Arnold - who was holding
an unlit cigarette in his right hand - was handed a
match box by someone standing near the doorway.
Arnold unthinkingly opened the matchbox to light his
cigarette and as he did so, a sprinkle of dried leaves fell
out, which the guard noticed. The guard immediately
frisked Arnold, grabbed the matchbox, and sniffed its
contents. After confirming that the matchbox
contained marijuana, he immediately arrested Arnold
and called in the police.
At the police station, the guard narrated to the police
that he personally caught Arnold in possession of dried
marijuana leaves. Arnold did not contest the guard's
statement; he steadfastly remained silent and refused
to give any written statement. Later in court, the guard
testified and narrated the statements he gave the
police over Arnold's counsel's objections. While
Arnold presented his own witnesses to prove that his
possession and apprehension had been set-up, he
himself did not testify. The court convicted Arnold,
relying largely on his admission of the charge by
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
silence at the police investigation and during trial.
From the constitutional law perspective, was the court
correct in its ruling? (2013 BAR)
A: The court was wrong in relying on the silence of Arnold
during the police investigation and during the trial. Under
Sec. 12, Art. Ill of the 1987 Constitution, he had the right to
remain silent. His silence cannot be taken as a tacit
admission; otherwise, his right t o remain silent would be
rendered nugatory. Considering that his right against self-
incrimination protects his right to remain silent, he cannot
be penalized for exercising it. {People v. Galvez, C.R. No.
157221, 30 Mar. 2007)
ALTERNATIVE ANSWER:
The court correctly convicted Arnold. There is no showing
that the evidence for the prosecution was insufficient.
When Arnold remained silent, he runs the risk of an
interference of guilt from non-production of evidence in
his behalf. (People v. Solis C.R. No. 12412 7, 29 June 1998)
Q: Mr. Brown, a cigarette vendor, was invited by PO1
White to a nearby police station. Upon arriving at the
police station, Brown was asked to stand side-by-side
with five (5) other cigarette vendors in a police line-up.
PO 1 White informed them that they were looking for a
certain cigarette vendor who snatched the purse of a
passer-by and the line-up was to allow the victim to
point at the vendor who snatched her purse. No
questions were to be asked from the vendors. (2012
BAR)
(a)Brown, afraid of a "set up" a gainst him,
demanded that he be allowed to se cure his
lawyer and for him to b e present during the
police line-up. Is Brown entitled to counsel?
Explain.
A: Brown is not entitled to counsel during the police line-
up. He was not y et being asked to answer for a criminal
offense. (Gamboa v. Cruz, C.R. No. L-56291, 27 June 1988)
(b)Would the answer in (a) be the same if Brown
was spe cifically invited by White because an
eyewitness to the crime identified him as the
perpetrator? Explain.
A: Brown would be entitled to the assistance of a lawyer.
He was already considered as a suspect and was therefore
entitled to the right under custodial investigation. (People
v. Legaspi, C.R. No. 117802, 27 Apr. 2000)
(c) Briefly enumerate the so-called "Miranda
Rights".
A: The Miranda warning means that a person in custody
who will be interrogated must be informed of the
following:
1. He has right to remain silent;
2. Anything said can b e used as evidence against him;
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
3. He has the right to have counsel during the
investigation; and
4. He must be informed that ifhe is indigent, a lawyer
will be appointed to represent him. (Miranda v.
Arizona, 384 U.S 436, 13June 1966)
Q: William, a private American citizen, a university
graduate and frequent visitor to the Philippines, w as
inside the U.S. embassy when he got into a h eated
argument with a private Filipino citizen. Then, in front
of many shocked witnesses, he killed the person he
was arguing with. The police came, and b rought him to
the nearest police station. Upon reaching the station,
the police investigator, in halting English, informed
William of his Miranda rights, and assigned him an
independent local counsel. William refused the
services of the lawyer, and insisted that he be assisted
by a Filipino lawyer currently based in the U.S. The
request was denied, and the counsel assigned by the
police stayed for the dur ation of the investigation.
William protested his a rrest.
He also claimed that h is Miranda rights were violated
because he was not given the lawyer of his choice; that
being a n American, he should have been informed of
h is rights in proper English; and that he should have
been informed of his rights as soon as he was taken
into custody, not when he was already at the police
station. Was William denied his Miranda rights? Why
or why not? (2009 BAR)
A: The fact that the p olice officer gave him the Miranda
warning in ha lting English does not detract from its
validity. Under Section 2(b) of RA 7438, it is suffici ent that
the language us ed was known to and understood by him.
William need not be given the Miranda warning before the
investigation started. William was not denied his Miranda
rights. It is not practical to r equire the police officer to
provide a lawyer of his own choice from the United States
(Gamboa v. Cruz, C.R. No. L-5629, 27June 1988).
3. REQUISITES OF A VALID WAIVER
Q: In his extrajudicial confession executed before the
police authorities, Jose Walangtakot admitted killing
his girlfriend in a fit of jealousy. This admission was
made after the following A and question to wit:
T - Jkaw ay may karapatan pa rin kumuha ng serbisyo
ng isang abogado para makatulong mo sa
imbestigasyong ito at kung wala kang makuha, ikaw ay
aming bibigyan ng libreng abogado, ano ngayon ang
iyong masasabi?"
"S - Nandiyan naman po si Fiscal (point to Assistant
Fiscal Aniceto Malaputo) kaya hindi ko na
kinakailanganang abogado."
During the trial. Jose Walangtakot repudiated his
confession contending that it was made without the
assistance of counsel and therefor e inadmissible in
86
 QuAMTO ( 1987-2021)
evidence. Decide. (1993 BAR)
A: The confession of Jose Walangtakot is inadmissible in
evidence. The warning given to him is insufficient in
accordance with the ruling in People v. Duero, (G.R. No. L-
52016, 13 May 1981) he should have been warned also that
he has the right to remain silent and that any statement he
makes may be used as evidence against him. Besides, under
Sec. 12 (1), Art. Ill, of the 1987 Constitution, the counsel
assisting a person being investigated must be independent.
Assistant Fiscal Aniceto Malaputo could not assist Jose
Walangtakot. As held in People v. Viduya (G.R. No. L-60025,
11 Sept. 1990), his function is to prosecute criminal cases.
To allow him to act as defense counsel during custodial
investigations would render nugatory the constitutional
rights of the accused during custodial investigation. What
the Constitution requires is a counsel who will effectively
undertake the defense of his client without any conflict of
interest. The A of Jose Walangtakot indicates that he did
not fully understand his rights. Hence, it cannot be said that
he knowingly and intelligently waived those rights. (UPLC
Suggested Answers)
4. EXCLUSIONARY DOCTRINE
(2018, 2001, 2000, 1996, 1993 BAR)
Q: The police served a warrant of arrest on Ariston who
was suspected of raping and killing a female high
school student. While on the way to the police station,
one of the police officers who served the warrant asked
Ariston in the local dialect ifhe really raped and killed
the student, and Ariston nodded and said, "Opo." Up on
arriving at the police station, Ariston saw the City
Mayor, whom he approached and asked if they could
talk privately. The Mayor led Ariston to his office and,
while there in conversation with the Mayor, Ariston
broke down and admitted that he raped and killed the
student. The Mayor thereafter opened the door of the
room to let the public and media representatives
witness Ariston's confession. In the presence of the
Mayor, the police and the media, and in response to
questions asked by some members of the media,
Ariston sorrowfully confessed his guilt and sought
forgiveness for his actions.
Which of these extrajudicial confessions, if any, would
you consider as admissible in evidence against
Ariston? (2018 BAR)
A: Ariston was already under custodial investigation when
he confessed to the police. It is admitted that the police
failed to inform him of his constitutional rights when he
was investigated and interrogated. His confession to the
police is therefore inadmissible in evidence.
His confession before the mayor, however, is admissible.
While it may be true that a mayor has "operational
supervision and control" over the local police and may
arguably be deemed a law enforcement officer for
purposes of applying Sec. 12(1) and (3) of Art. III of the
Constitution, Ariston's confession to the mayor, as
87
described in the problem, was not made in response to any
interrogation by the latter. In fact, the mayor did not
appear as having questioned Ariston at all. No police
authority ordered Ariston to talk to the mayor. It was he
himself who spontaneously, freely and voluntarily sought
the mayor for a private meeting. The mayor did not know
that he was going to confess his guilt to him. When he
talked with the mayor as a confidant and not as a law
enforcement officer, his uncounseled confession t o the
Mayor did not violate his constitutional rights.
His confession to the media can likewise be properly
admitted. The confessions were made in response to
questions by news reporters, not by the poli ce or any other
investigating officer. Statements spontaneously made by
suspects to news reporters during televised interviews are
deemed voluntary and are a dmissible in evidence. (People
v.Andan, G.R. No.116437, 03 Ma r.1997)
Q: Rafael, Carlos and Joseph were accused of murder
before the Regional Trial Court of Manila. Accused
Joseph turned state witness against his co-accused
Rafael and Carlos, and was accordingly discharged
from the information. Among the evidence presented
by the prosecution was an extrajudicial confession
made by Joseph during the custodial Investigation,
implicating Rafael and Carlos who, he said, together
with him (Joseph), committed the crime. The
extrajudicial confession was executed without the
assistance of counsel. Accused Rafael and Carlos
vehemently objected on the ground that said
extrajudicial confession was inadmissible in evidence
against them. Rule on whether the said extrajudicial
confession is admissible in evidence or not. (2001
BAR)
A: According to People v. Balisteros (G.R. No.120921, 29 Jan.
1998) the confession is admissible. Under Sec. 12, Art. III of
the Constitution, the confession is inadmissible only against
the one who confessed. Only the one whose rights were
violated can raise the objection as his right is personal.
ALTERNATIVE ANSWER:
The confession is inadmissible. If it is inadmissible against
the one who confessed, with more reason it should be
inadmissible against others. (People v. Jara, G.R. No. L-
61356-57, 30 Sept. 1986)
Q: On 01 Oct. 1985, Ramos was arrested by a security
guard because he appeared to be "suspicious" and
brought to a police precinct where in the course of the
investigation he admitted he was the killer in an
unsolved homicide committed a week earlier. The
proceedings of his investigation were put in writing
and dated 01 Oct. 1985, and the only participation of
counsel assigned to him was his mere presence and
signature on the statement.
The admissibility of the statement of Ramos was
placed in issue but the prosecution claims that the
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

confession was taken on 01 Oct. 1985 and the 1987
Constitution providing for the right to counsel of choice
and opportunity to retain, took effect only on 02 Feb.
1987 and cannot be given retroactive effect.
Rule on this. (2000 BAR)
possession of prohibited drugs. He was convicted.
On appeal, he now poses the following issue: Neither is
the receipt he signed admissible, his rights under
custodial investigation not having been observed.
Decide. (1993 BAR)

A: The confession of Ramos is not admissible, since the
counsel assigned to him did not advise him of his rights.
The fact that his confession was taken before the effectivity
of the 1987 Constitution is of no moment. Even prior to the
effectivity of the 1987 Constitution, the Supreme Court
already laid down strict rules on waiver of the rights
during investigation in the case of People v. Ga/it. (C.R. No.
L-51770, 20 Mar. 1985)
A: According to the ruling in People v. Mirantes, (G. R No.
92706, 21 May 1992) such receipt is in effect an
extrajudicial confession of the commission of an offense.
Hence, if it was signed without the assistance of counsel, in
accordance with Sec. 12(3), Art. Ill of the Constitution, it is
inadmiss ible in evidence. (People v. Duhan, C.R. No. L-
65189, 28 May 1986)

Q: A, who was arrested as a suspect in a murder case N. RIGHTS OF THE ACCUSED

was not represented by counsel during the "question
and A" stage. However, before he was asked to sign his
statements to the police investigator, the latter
1. CRIMINAL DUE PROCESS
provided A with a counsel, who happened to beat the
police station. After conferring with A, the counsel told
2. BAIL
the police investigator that A was ready to sign the
(2008, 2006, 2005, 1993 BAR)
statements. Can the statements of A be presented in
court as his confession? Explain. (1996 BAR)
Q: A law denying persons charged with crimes
punishable by reclusion perpetua or death the right to
A: NO, the statements of A cannot be presented in court as
bail. State whether or not the law is constitutional.
his confession. He was not assisted by counsel during the
Explain briefly. (2006 BAR)
actual questioning. There is no showing that the lawyer
who belatedly conferred with him fully explained t o him
A: The law is invalid as it contravenes Sec. 13, Art Ill of the
the nature and cons equences of his confession. The
1987 Constitution which provides that all persons, except
accused must be assisted by counsel during the actual
those charged with offenses punishable by reclusion
questioning and the belated assistance of counsel before he
perpetua where evidence of guilt is strong, shall, before
signed the confession does not cure the defect. (People v.
conviction, be bailable by sufficient sureties, or be released
Compil, C.R. No. 95028, 15 May 1995)
on recognizance as may be provided by law. The accused
may not be deprived of his constitutional right to bail even
ALTERNATIVE ANSWER:
if charged with a capital offense where the evidence of guilt
is not strong. (UPLC Suggested Answers)
YES, the statements of A ca n be presented in court as his
confession. Even if the accused was not assisted by counsel
Q: State with reason(s) whether bail is a matter of right
during the questioning, his confession is admissible if he
or a matter of discretion in the following cases: (2005
was able to consult a lawyer before he signed. (People v.
BAR)
Rous, C.R. No. 103803-04, 27 Mar. 1995)

(a) The imposable penalty for the crime charged is

Q: Larry was an overnight guest in a motel. After he
reclusion perpetua and the accused is a minor;
checked out the following day, the chambermaid found
an attache case which she surmised was left behind by
A: A minor charged with a crime punishable with reclusion
Larry. She turned it over to the manager who, to
perpetua is entitled to bail as a matter of right. Under
determine the name and address of the owner, opened
Article 68 of the RPC, in case of conviction the penalty
the attache case and saw packages which had a
would be one degree lower than reclusion perpetua. This
peculiar smell and upon squeezing felt like dried
rules out reclusion perpetua. (Bravo v. Borja, C.R. No. L-
leaves. His curiosity aroused, the manager made an
65228, 18 Feb.1 985)
opening on one of the packages and took several grams
of the contents thereof. He took the packages to the
(b) The imposable penalty for the crime charged is
NBI, and in the presence of agents, opened the
life imprisonment and the accused is a minor;
packages, the contents of which upon laboratory
examination, turned out to be marijuana flowering
A: Bail is a matter of discretion for a minor charged with an
tops, Larry was subsequently found, brought to the NBI
offense punishable with life imprisonment, because Article
Office where he admitted ownership of the attache
68 of the RPC is inapplicable and he is not entitled to the
case and the packages. He was made to sign a receipt
privileged mitigating circumstance under it (People v.
for the packages. Larry was charged in court for
Lagasca, C.R. No. 73818, 27 Feb. 1987)

UNIVERSITY OF SANTO TOMAS 88

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
(c) The accused has been convicted of homicide on a
charge of murder and sentenced to suffer an
indeterminate penalty of from eight (8) years and
one (1) day of prision mayor, as minimum, to
twelve (12) years and four (4) months ofreclusion
temporal as maximum.
A: Bail is a matter of discretion for an accused convicted of
homicide on a charge of murder, because an appeal opens
the whole case of review. There is a possibility that he may
be convicted of murder, which is punishable with reclusion
perpetua to death. His conviction shows the evidence of his
guilt is strong. (Obosa v. CA, G.R. No.114350, 16Jan.1997)
Q: Johann learned that the police were looking for him
in connection with the rape of an 18-year old girl, a
neighbor. He went to the police station a week later
and presented himself to the desk sergeant.
Coincidentally, the rape victim was in the premises
executing an extrajudicial statement. Johann, along
with six (6) other suspects, were placed in a police
lineup and the girl pointed to him as the rapist. Johann
was arrested and locked up in a cell. Johann was
charged with rape in court but prior to arraignment
invoked his right to preliminary investigation. This
was denied by the judge, and thus, trial proceeded.
After the prosecution presented several witnesses,
Johann, through counsel, invoked the right to bail and
filed a motion therefore, which was denied outright by
the Judge.
Johann now files a petition for certiorari before the CA
arguing that he is entitled to bail as a matter of right,
thus the Judge should not have denied his motion to fix
bail outright. Decide. (1993, 2008 BAR)
A: In accordance with Sec. 13, Art. III of the Constitution,
Johann may be denied bail if the evidence of his guilt is
strong considering that the crime with which he is charged
is punishable by reclusion perpetua. It is thus not a matter
of right for him to be released on bail in such case. The
court must first make a determination of the strength of the
evidence on the basis of evidence already presented by the
prosecution, unless it desires to present some more, and
give the accused the opportunity to present countervailing
evidence. If, having done this, the court finds the evidence
not to be strong, then it becomes the right of Johann to be
admitted to bail. The error of the trial court lies in
outrightly denying the motion for bail of Johann. (UPLC
Suggested AnswersJ
Q: JC, a major in the Armed Forces of the Philippines, is
facing prosecution before the Regional Trial Court of
Quezon City for the murder of his neighbor whom he
suspected to have molested his (JC's) 15-year-old
daughter. Is JC entitled to bail? Why or why not? (2008
BAR)
A: As a rule, bail is a matter of right even in capital offense,
unless it is determined, after due hearing, that the evidence
of his guilt is strong. (Sec.13, Art. Ill, 1987 Constitution; Art.
89
248, Revised Penal Code)
3. PRESUMPTION OF INNOCENCE
Q: OZ lost five head of cattle which he reported to the
police as stolen from his barn. He requested several
neighbors, including RR, for help in looking for the
missing animals. After an extensive search, the police
found two head in RR's farm. RR could not explain to
the police how they got hidden in a remote area of his
farm. Insisting on his innocence, RR consulted a lawyer
who told him he has a right to be presum ed innocent
under the Bill of Rights. But there is another
presumption of theft arising from his unexplained
possession of stolen cattle- under the penal law. Are
the two presumptions capable of reconciliation in this
case? If so, how can they be reconciled? If not, which
should prevail? (2004 BAR)
A: The two presumption s can be reconciled. The
presumptio n of innocence stands until the contrary is
proved. It may be overcome by a contrary presumption
founded upon human experience. The presumption that RR
is the one who stole the cattle of OZ is logical, since he was
fo und in possession of the stolen cattle. RR can prove his
innocence by presenting evidence to rebut the
presumption. The burden of evidence is shifted to RR,
because how he came into possession of the cattle is
peculiarly within his knowledge. (Dizon-Pamintuan v.
People, G.R. No.111426, 11 July 1994)
4. RIGHT TO COUNSEL
(2019, 2005 BAR)
Q: Mrs. W supplies the Philippine National Police (PNP)
with uniforms every year. Last month, he and two (2)
other officers of the PNP conspired to execute a "ghost
purchase", covered by five (5) checks amounting to
P200,000.00 each, or a total of Pl,000,000.00. An
investigating committee within the PNP, which was
constituted to look into it, invited Mrs. W, among
others, for an inquiry regarding the anomalous
transaction. Mrs. W accepted the invitation but during
the committee hearing, she stated that she will not
answer any question unless she be provided with the
assistance of a counsel. The PNP officials denied her
request; hence, she no longer participated in the
investigation.
Was the PNP's denial of Mrs. W's request violative of
her right to counsel in the proceedings conducted
before the PNP? Explain. (2019 BAR)
A: NO, PNP's denial of Mrs W's request is not violative of
her right to counsel. Administrative proceedings need not
be clothed with the attributes of a judicial proceeding.
Thus, while desirable, the right to counsel is not available
in administrative proceedings. Since the proceedings
involved in this case is an investigation being conducted by
a PNP committee, which is administrative and not a
custodial investigation, Mrs. W is not entitled to the
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
assistance of counsel. (Cudia v. The Superintendent of the
PMA, C.R. No. 211362, 24 Feb. 2015)
Q: Mariano was arrested by the NBI as a suspect in the
shopping ma11 bombings. Advised of his rights,
Mariano asked for the assistance of his relative, Atty.
Santos. The NBI noticed that Atty. Santos was
inexperienced, incompetent and inattentive. Deeming
him unsuited to protect the rights of Mariano, the NBI
dismissed Atty. Santos. Appointed in his place was Atty.
Barroso, a bar topnotcher who was in the premises
visiting a relative. Atty. Barroso ably assisted Mariano
when the latter gave a statement. However, Mariano
assailed the investigation claiming that he was
deprived of counsel of his choice. Was the NBI correct
in dismissing Atty. Santos and appointing Atty. Barroso
in his stead? Is Mariano's statement, made with the
assistance of Atty. Barroso, admissible in evidence?
(2005 BAR)
A: The NB! was not correct in dismissing Atty. Santos and
appointing Atty. Barroso in his stead. Article Ill, Section
12(1) of the 1987 Constitution requires that a person
under investigation for the commission of an offense shall
have no less than "competent and independent counsel
preferably of his own choice". This is meant to s tress the
primacy accorded to the voluntariness of the choice under
the uniquely stressful conditions of a custodial
investigation. The appointment of Atty. Barroso is
questionable because he was visiting a relative working in
the NB! and thus his independence is doubtful. Considering
that Mariano was deprived of counsel of his own choice, the
statement is inadmissible in evidence. (People v. Januario,
C.R. No. 98252, 07 Feb. 1997)
ALTERNATIVE ANSWER:
The NB! was correct in dis missing Atty. Santos as he was
incompetent. The 1987 Constitution r equires counsel to be
competent and independent. Atty. Barros o, being a bar
topnotcher ably assisted Marian o and there is no showing
that his having a r elative in the NB! affected his
independence. Moreover, the accused has the final choice
of ounsel as h e may reject the one chosen for him and ask
for another. A lawyer provided by the investigators is
deemed engaged by the accused where he raises no
objection against the lawyer during the course of the
investigation, and the accused thereafter subscribes to the
truth of his statement before the swearing officer. Thus,
once the pros ecution shows there was compliance with the
constitutional requirement on pre-interroga tion
advisories, a confession is presumed to be voluntary and
the declarant bears the burden of proving that his
confession is involuntary and untrue. A confession is
admissible until the a ccused successfully proves that it was
given as a result of violence, intimidation, threat or
promise of reward or leniency which are not present in this
case. Accordingly, the statement is admissible (People v.
Jerez, C.R. No.114385, 29 Jan. 1998).
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
5. RIGHT TO BE INFORMED OF THE NATURE AND
CAUSE OF ACCUSATION
6. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Q: Charged by Francisco with libel, Pablo was
arraigned on January 3, 2000, pre-trial was dispensed
with and continuous trial was set for March 7, 8, and 9,
2000. On the first setting, the prosecution moved for its
postponement and cancellation of the other settings
because its principal and probably only w itness, the
private complainant Francisco, suddenly had to go
abroad to fulfill a professional commitment. The judge
instead dismissed the case for failure to prosecute.
Would the grant of the motion for postponement have
violated the accused's right to speedy trial? (2000
BAR)
A: The grant of the motion for p ostponement would n ot
have violated the right of the accused to speedy trial. Since
the motion for postponement was the first one requested,
the need for the offended party to attend to a professional
commitment is a valid reason, no substantial right of the
accused would be prejudiced, and the prosecution should
be afforded a fair opportunity to prosecute its case, the
motion should be granted. (People v. Le viste, C.R. No.
104386, 28 Mar. 1996)
ALTERNATIVE ANSWER:
Since continuous trial of cases is required and since the
date of the initial hearing was set upon agreement of all
parties, including the private complainant, the judge
properly dismissed the case for failure to prosecute.
7. RIGHT OF CONFRONTATION
8. RIGHT TO COMPULSORY PROCESSES
9. TRIAL IN ABSENTIA
0. RIGHT TO SPEEDY TRIAL AND SPEEDY DISPOSITION
OF CASES
P. RIGHT AGAINST SELF-INCRIMINATION
Q: Congressman Nonoy delivered a privilege speech
charging the Intercontinental Universal Bank (IUB)
with the sale of unregistered foreign securities, in
violation of R.A. 8799. He then filed, and the House of
Representatives unanimously approved a Resolution
directing the House Committee on Good Government
(HCGG) to conduct an inquiry on the matter, in aid of
legislation, in order to prevent the recurrence of any
similar fraudulent activity.
90
 QuAMTO ( 1987-2021)
The HCGG immediately scheduled a hearing and
invited the responsible officials of IUB, the Chairman
and Commissioners of the Securities and Exchange
Commission (SEC), and the Governor of the Bangko
Sentral ng Pilipinas (BSP). On the date set for the aring,
only the SEC Commissioners appeared, prompting
Congressman Nonoy to move for the issuance of the
appropriate subpoena ad testificandum tocompel the
attendance of the invited resource persons.
The IUB officials filed suit to prohibit HCGG from
proceeding with the inquiry and to quash the
subpoena, raising the following argument: Compelling
the IUB officials, who are also respondents in the
criminal and civil cases in court, to testify at the
inquiry would violate their constitutional right against
self- incrimination. Are the foregoing argument
tenable? Reasons. (2009 BAR)
A: The argument is untenable. Since the IUB officials were
not being subjected to a criminal penalty, they cannot
invoke their right against self-incrimination unless a
question calling for an incriminating answer is
propounded. (Standard Chartered Bank v. Senate
Committee, G.R. No.167173, 27 Dec. 2007)
1. EXTENT OF THE RIGHT
Q: Select the best answer and explain.
An accused's right against self- incrimination is
violated in the following cases:
a. When he is ordered by the trial court to
undergo a paraffin test to prove he is guilty of
murder;
b. When he is comp elled to produce his
bankbooks to be used as evidence against his
father charged with plunder;
c. When he is ordered to produce a sample of his
handwriting to be used as evidence that he is
the author of a letter wherein he agreed to kill
the victim;
d. When the president of a corporation is
subpoenaed to produce certain documents as
proofs he is guilty of illegal recruitment. (2006
BAR)
A: The best answer is (c), ordering the accused to produce
a sample of his handwriting to be used as evidence to prove
that he is the author of a letter in which he agreed to kill the
victim as this will violate his right against self-
incrimination. Writing is not a purely mechanical act,
because it requires the application of intelligence and
attention. Producing a sample of his handwriting may
identify him as the writer of the letter. [Beltran v. Samson,
G.R No. 32025, 23 Sept. 1929)
Q: PO1 Adrian Andal is known to have taken bribes
from apprehended motorists who have violated traffic
rules. The National Bureau of Investigation conducted
91
an entrapment operation where P01 Adrian was
caught red-handed demanding and taking PhP500.00
from a motorist who supposedly beat a red light.
After he was apprehended, PO1 Adrian was required to
submit a sample of his urine. The drug test showed that
he was positive for dangerous drugs. Hence, PO1
Adrian was charged with violation of Section 1 5,
Article II of R.A. No. 9165 or the Comprehensive
Dangerous Drugs Act of 2002.
PO1 Adrian argues against the admissibility of the
urine test results and seeks its exclusion. He claims
that the mandatory drug test under R.A. No. 9 165 is a
violation of the accused's right to privacy and right
against self-incrimination.
Are PO1 Adrian's contentions correct? (2018 BAR)
A: POl Adrian is correct that his rights to privacy and
against self-incriminatio n have been violated. The results of
the "confirmatory" urine test should therefore be rejected
as evidence against him. It should be noted that RA 9165
allows the conduct of urine tests only for persons arrested
fo r acts prohibited under said law, such as, among others,
the manufac turing, sale, use or possession of illegal drugs,
and not for any unlawful act, like extortion, for which POl
Adrian was arrested. [De la Cruz v. People, G.R. No. 200748,
23 July 2014)
Q: Alienmae is a foreign tourist. She was asked certain
questions in regard to a complaint that was filed against
her by someone who claimed to have been defrauded
by her. Alienmae answered all the questions asked,
except in regard to some matters in which she invoked
her right against self-incrimination. When she was
pressed to elucidate, she said that the questions being
asked might tend to elicit incriminating answers
insofar as her home state is concerned. Could Alienmae
invoke the right against self-incrimination if the fear of
incrimination is in regard to her foreign law? (2014
BAR)
A: NO. Alienmae cannot invoke her right against self-
incrimination even if the fear of incrimination is in regard
to her foreign law. Under the territoriality principle, the
general rule is that a state has jurisdiction over all persons
and property within its territory. The jurisdiction of the
nation within its own territory is necessary, exclusive, and
absolute. However, there are a few exceptions on when a
state cannot exercise jurisdiction even within its own
territory, to wit: 1) foreign states, head of states, diplomatic
representatives, and consults to a certain degree; 2) foreign
state property; 3) acts of state; 4) foreign merchant vessels
exercising rights of innocent passage or arrival under
stress; 5) foreign armies passing through or stationed in its
territories with its permission; and 6) such other persons
or property, including organisations like the United
Nations, over which it may, by agreement, waive
jurisdiction.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

Seeing that the circumstances surrounding Alienmae do not

fall under those exceptions, that she is a foreign tourist who Q. RIGHT AGAINST DOUBLE JEOPARDY
received a complaint for fraud, such principle of
territoriality can be exercised by the State to get the
information it needs to proceed with the case.
Q: Discuss the right of every accused against double
jeopardy? (1999 BAR)
Q: A, the wife of an alleged victim of enforced
disappearance, applied for the issuance of a Writ of
A: No person shall be twice put in jeopardy of punishment
Amparo before a RegionaJ Trial Court in Tarlac. Upon
for the same offense. If an act is punished by a law and an
motion of A, the court issued inspection and production
ordinance, conviction or acquittal under either shall
orders addressed to the AFP Chief of Staff to allow entry
constitute a bar to another prosecution for the same a ct.
at Camp Aquino and permit the copying of relevant
(Sec. 21, Art. III, 1987 Constitution)
documents, including the list of detainees, if any.
Accompanied by court- designated Commission on
The first sentence sets forth the general rule: the
Human Rights (CHR) lawyers, A took photographs of a
constitutional protection against double jeopardy is n ot
suspected isolation cell where her husband was
available where the second prosecution is for an offense
allegedly seen being held for three days and tortured
that is different from the offense charged in the first or
before he finally disappeared. The CHR lawyers
prior prosecution, although both the first and second
requested one Lt. Valdez for a photocopy of the master
offenses may be based upon the same act or set of acts. The
plan of Camp Aquino and to confirm in writing that he
second sentence embodies an excepti on to the general
had custody of the master plan. Lt. Valdez objected on
proposition: the constitutional protection, against double
the ground that it may violate his right against self-
jeopardy is available although the prior offense charged
incrimination. Decide with reasons. (2010 BAR)
under an ordinance be different from the offense charged
subsequently under a national statute such as the Revised
A: NO. The objection of Lt. Valdez is not valid. The right
Penal Code, provided that both offenses spring from the
against self-incrimination refers to t estimonial evidence
same act or set of acts.
and does not apply to the production of a photocopy of the
master plan of Camp Aquino, because it is a public record.
1. REQUISITES AND LIMITATIONS
He cannot object to the request for him to confirm his
(2019, 2018, 2012, 2002, 2001, 1999, 1997 BAR)
custody of the master plan, because he is the public officer
who had custody of it. (Almonte v. Vasquez, C.R. No. 95367,
Q: Butchoy installed a jumper cable. He was prosecuted
23 May 1995)
under a Makati ordinance penalizing such act. He
moved for its dismissal on the ground that the jumper
Q: A man was shot and killed and his killer fled.
cable was within the territorial jurisdiction of
Moments after the shooting, an eyewitness described to
Mandaluyong and not Makati. The case was dismissed.
the police that the slayer wore white pants, a shirt with
The City ofMandaluyong thereafter filed a case against
floral design, had boots and was about 70 kilos and 1.65
him for theft under the Revised Penal Code (RCP). Is
meters. Borja, who fit the description given, was seen
there double jeopardy?
nearby. He was taken into custody and brought to the
police precinct where his pants, shirt and boots were
a. No. The first jeopardy was terminated with his
forcibly taken and he was weighed, measured,
express consent;
photographed, fingerprinted and subjected to paraffin
b. Yes. This is double jeopardy of the second kind
testing. At his trial, Borja objected to the admission in
- prosecution for the same act under an
evidence of the apparel, his height and weight, his
ordinance and a law;
photographs, fingerprints comparison and the results
c. Yes. He is prosecuted for the same offense
of the paraffin test, asserting that these were taken in
which has already been dismissed by the City
violation of his right against self-incrimination. Rule on
ofMakati;
the objection. (2000 BAR)
d. No. The second kind of double jeopardy under
Section 21, Article III only contemplates
A: NO. The objection of Borja is not tenable. As held in
conviction or acquittal which could terminate
People v. Paynor (C.R. No. 11 6222, 09 Sept. 1996}, the rights
a first jeopardy. (2012 BAR)
guaranteed by Sec. 12, Art. III of the Constitution applies only
against testimonial evidence. An accused may be compelled
A: D. NO. The second kind of double jeopardy under
to be photographed or measured, his garments may be
Section 21, Article III only contemplates conviction or
removed, and his body may be examined.
acquittal which could terminate a first jeopardy. (Zapatas
v. People, C.R. No. 147814-15, 16Sept 2003)
2. IMMUNITY STATUTES

UNIVERSITY OF SANTO TOMAS 92

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
Q: What are the requisites of double jeopardy? (1999
BAR)
A: Double jeopardy exists when the following requisites
are present:
1. a first jeopardy attached prior to the second;
2. the first jeopardy has been validly terminated; and
3. a second jeopardy is for the same offense as in the
first.
A first jeopardy attaches only:
a. after a valid indictment;
b. before a competent court;
c. after arraignment;
d. when a valid plea has been entered; and
e. when the accused has been acquitted or convicted,
or the case dismissed or otherwise terminated
without his express consent. (Cerezo v. People, G.R.
No.185230, 01June2011)
Q: An Information for Estafa was filed against the
accused, Mr. D. During the course of the trial, Mr. D filed
a motion to dismiss for failure to prosecute the case for
a reasonable length of time. Opposing the motion, the
prosecution argued that its failure to present its
witnesses was due to circumstances beyond its control.
Eventually, the trial court dismissed the case with
finality on the ground that Mr. D's right to speedy trial
was violated.
A month after, the same criminal case for Estafa was
refilled against Mr. D, prompting him to fil e a motion to
dismiss invoking his right against double jeopardy.
The prosecution opposed the motion, arguing that the
first criminal case for Estafa was dismissed with the
express consent of the accused as it was, in fact, upon
his own motion. Moreover, it was already able to
secure the commitments of its witnesses to appear;
hence, it would be prejudicial for the State if the case
were to be dism issed without trial.
For double jeopardy to attach, what requisites must
exist? (2019 BAR)
A: No person shall be twice put in jeopardy of punishment
for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
(Section 21, Article III, 1987 Constitution). To raise the
defense of double jeopardy, three requisites must be
present: (1) a first jeopardy must have attached prior to the
second; (2) the first jeopardy must have been validly
terminated; and (3) the second jeopardy must be for the
same offense as that in the first.
ALTERNATIVE ANSWER:
Recent jurisprudence provides that "As a general rule, the
dismissal of a criminal case resulting in acquittal, made
93
with the express consent of the accused or upon his own
motion, will not place the accused in double jeopardy. This
rule, however, admits of two exceptions, namely:
insufficiency of evidence and denial of the right to speedy
trial. x x x x It must be stressed, however, that these
dismissals were predicated on the clear right of the
accused to speedy trial. These cases are not applicable to
the petition at bench considering that the right of the
private respondents to speedy trial has not been violated
by the State." (Tan v. People, G.R. NO. 173637, April 21,
2009). In these cases, the Court focused on discussing why
there was no violation of the right to speedy trial hence
there was no first jeopardy to speak of. The facts stipulated
in the question, however, do not p rovide that there was an
issue on the first jeopardy other than it was secured upon
the motion of the accused.
Q: Amoroso was· charged with treason before a
military court martial. He was acquitted. He was later
charged with the same offense before a Regional Trial
Court. He asks that the information be quashed on the
ground of double jeopardy. The prosecution objects,
contending that for purposes of double jeopardy, the
military court martial cannot be considered as a
"competent court." Should the Regional Trial Court
grant Amoroso's motion to quash on the ground of
double jeopardy? (2 018 BAR)
A: YES, the Motion to Dismiss should be granted. A
defendant, having been acquitted of a crime by a court
martial of competent jurisdiction proceeding under lawful
authority, cannot be subsequently tried for the same
offense in a civil court.
It appearing that the offense charged in the Court Martial
and in the Regional Trial Court is the same, that the military
court had jurisdiction to try the case and that both courts
derive their powers from one sovereignty, the acquittal by
the military court should be a bar to Amoroso's further
prosecution for the same offense in the Regional Trial
Court. (Crisologo v. People, G.R. No. L-6277, 26 Feb. 1954);
Marcosv. ChiefofStaffG.R. No. L-4663, 30 May 1951); Garcia
v. Executive Secretary G.R.198554, 30 July 2012)
Q: A Tamaraw FX driven by Asiong Cascasero, who was
drunk, sideswiped a pedestrian along EDSA in Makati
City, resulting in physical injuries to the latter. The
public prosecutor filed two separate informations
against Cascasero, the first for reckless imprudence
resulting in physical injuries under the Revised Penal
Code, and the second for violation of an ordinance of
Makati City prohibiting and penalizing driving under
the influence of liquor. Cascasero was arraigned, tried
and convicted for reckless imprudence resulting in
physical injuries under the Revised Penal Code. With
regard to the second case (i.e., violation of the city
ordinance), upon being arraigned, he filed a motion to
quash the information invoking his right against
double jeopardy. He contended that, under Art. III,
Section 21 of the Constitution, if an act is punished by a
law and an ordinance, conviction or acquittal under
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
either shall constitute a bar to another prosecution for
the same act He argued that the two criminal charges
against him stemmed from the same act of driving
allegedly under the influence of liquor which caused
the accident. Was there double jeopardy? Explain your
Answer. (2002, 1997 BAR)
A: YES, there was double jeopardy. The constitutional
protection against double jeopardy is available so long as
the acts which constitute or have given rise to the first
offense under a municipal ordinance are the same acts
which constitute or have given rise to the offense charged
under a statute. In this case, the same act is involved in the
two cases. The reckless imprudence which resulted in
physical injuries arose from the same act of driving under
the inf! uence ofliq uor. The fact that the two charges sprung
from one and the same act of conviction or acquittal under
either the law or the ordinance shall bar a prosecution
under the other thus making it against the logic of double
jeopardy. (UPLC Suggested Answers)
Q: For the death of Joey, Erning was charged with the
crime of homicide before the Regional Trial Court of
Valenzuela. He was arraigned. Due to numerous
postponements of the scheduled hearings at the
instance of the prosecution, particularly based on the
ground of unavailability of prosecution witnesses who
could not be found or located, the criminal case was
pending trial for a period of seven years. Upon motion
of accused Erning who invoked his right to speedy trial,
the court dismissed the case. Eventually, the
prosecution witnesses surfaced, and a criminal case
for homicide, involving the same incident was filed
anew against Erning. Accused Erning moved for
dismissal of the case on the ground of double jeopardy.
The prosecution objected, submitting the reason that
it was not able to present the said witnesses earlier
because the latter went into hiding out of fear. Resolve
the motion. (2001 BAR)
A: The motion should be granted. As held in Caes v. /AC (C.R.
Nos. 74989-90, 06 Nov. 1989), the dismissal of a criminal
case predi cated on the right of the accused to a speedy trial
amounts to an a cquittal for failure of the prosecution to
prove his guilt and ba rs his subsequent prosecution for the
same offens e.
Q: Charged by Francisco with libel, Pablo was
arraigned on January 3, 2000. Pre-trial was dispensed
with and continuous trial was set for March 7, 8 and 9,
2000. On the first setting, the prosecution moved for its
postponement and cancellation of the other settings
because its principal and probably only witness, the
private complainant Francisco, suddenly had to go
abroad to fulfill a professional commitment. The judge
instead dismissed the case for failure to prosecute.
Would the reversal of the trial court's assailed
dismissal of the case place the accused in double
jeopardy? (2000 BAR)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
A: NO, the reversal of the trial court's assailed dismissal of
the case w ould not place the accused in double jeopardy.
While generally, dismissal of cases on the ground of failure
to prosecute predicated on the clear right of the accused to
speedy trial is equivalent to an acquittal that would bar
further prosecution of the accused for the same offense, the
same rule is not applicable in this case considering that the
right of the accused to speedy trial has not been violated by
the State. For this reason, Pablo cannot invoke his right
against double jeopardy (People v. Tampa/, C.R. No. 102485,
22 May 1995).
Q: On October 21, 1986, 17-year-old Virginia Sagrado
brought a complaint against Martin Geralde for
consented abduction. With the accused pleading not
guilty upon arraignment, trial ensued. After trial, a
judgment of conviction was rendered against Geralde.
When the case was appealed to it, the Court of Appeals
reversed the judgment of the Trial Court, ratiocinating
and ruling as follow s: "This is not to say that the
appellant did nothing wrong... she was seduced by the
appellant with promises (of marriage) just to
accomplish his lewd designs." Years later, Virginia
brought another complaint for Qualified Seduction.
Geralde presented a Motion to Quash on the ground of
double jeopardy, which motion and his subsequent
motion for reconsideration were denied: Question: May
Geralde validly invoke double jeopardy in questioning
the institution of the case for Qualified Seduction? He
placed reliance principally on the "same evidence" test
to support his stance. He asserted that the offenses with
which he was charged arose from the same set of facts.
Furthermore, he averted that the complaint for
Qualified Seduction is barred by waiver and estoppel
on the part of the complainant, she having opted to
consider the case as consented abduction. Finally, he
argued that her delay of more than eight (8) years
before filing the second case against him constituted
pardon on the part of the offended party. How would
you resolve Gerald's contentions? Explain. (1999 BAR)
A: NO. Geralde's invocation of double jeopardy is improper.
Although the two crimes may have arisen from the same
set of facts, they are not identical offenses as would make
applicable the rule on double jeopardy. The gravamen of
the offense of the abduction of a woman with her own
consent, w ho is still under the control of her parents or
guardians is "the alarm and perturbance to the parents and
family" of the abducted person, and the infringement of the
rights of the parent or guardian. In cas es of seduction, the
gravamen of the offense is the wrong done the young
woman who is seduced.
Moreover, Virginia's filing of a subsequent case against the
accused belies his allegation that s he has waived or is
estopped from filing the second charge against him.
Neither could she be deemed to have pardoned him, for the
rules require that in cases of seduction, abduction, rape and
acts of lasciviousness, pardon by the offended party, to be
effective, must be expressly given (Rule 110, Sec. 4 of the
Rules of Court, Ruled 110, Sec. 5 of the 1985 Rules on
94
 QuAMTO ( 1987-2021)

Criminal Procedure). Moreover, the length of time it took

her to file the second case is of no moment considering that VIII. CITIZENSHIP
she filed it within the ten (10)-year prescriptive period.
(Art. 90, RPC; Perez v. CA, G.R. No. L-80838, 29 Nov. 1988)

A. WHO ARE FILIPINO CITIZENS

R. RIGHT AGAINST INVOLUNTARY SERVITUDE
(2019, 2015, 2006, 20032001, 1998, 1994 BAR)

Q: Discuss the evolution of the prin ciple of jus

S. RIGHT AGAINST EXCESSIVE FINES, AND CRUEL AND sanguinis as basis of Filipino citizenship under the
INHUMAN PUNISHMENTS 1935, 1973, and 1987 Constitutions. (201 5 BAR)

A: Sec. 1, Art. III of the 1935 Constitution adopted the jus

sanguinis principles as the basis of the Filipino citizenship
T. NON-IMPRISONMENT FOR DEBTS if the father is a Filipino citiz en. However, Sec. (4), Art. III of
the Constitution provided that if the mother was a Filipino
citizen who lost her Philipp ine citizenship because of her
marriage to a fo reign husband, her children could elect
Q: Sec.13 of PD 115 (Trust Receipts Law) provides that
Philippine citizenship upon reaching the age of majority.
when the entrustee in a trust receipt agreement fails
to deliver the proceeds of the sale or to return the
Sec.1 (2), Art. III of the 1973 Constitution provided that a
goods if not sold to the entrustee-bank, the entrustee
child born of a father or a mother who is a citizen of the
is liable for estafa under the RPC. Does this provision
Philippines is a Filipino citizen.
not violate the constitutional right against
imprisonment for non-payment of a debt? Explain.
Sec. 2, Art. III of the 1973 Constitution provided that a child
(1993 BAR)
whose father or mother is a Filipino citizen is a Filipino
citizen. Sec.1 (3), Art. IV of the 1987 Constitution provided
A: NO, Section 13 of Presidential Decree No. 115 does not
that a child born befo re January 17, 1973, of Filipino
violate the constitutional right against imprisonment fo r
mothers, who elected Philippine citizenship upon reaching
non-payment of a debt. As held in Lee v. Radii, 175 SCRA
the age of major ity under the 1973 Constitution is a
100, P.D. 115 is a valid exercise of police power and is not
natural-born Filipino citizen. [Tecson v COMELEC, G.R. No.
repugnant to the constitutional provision on non-
161434, 03 Mar. 2004)
imprisonment for non-payment of debt. The no n-payment
of debt is not the one being punish in the said law, but the
Q: Candidate X, a naturalized Filipino citizen, ran for
violation of a trust receipt committed by disposing of the
Congressman for the Lone District of Batanes. After a
goods covered thereby and fa iling to deliver the proceeds
close electoral contest, he won by a slim margin of 500
of such sale. This act constitutes violation Art. 315 (1) (b)
votes. His sole opponent, Y, filed an election protest
of the Revised Penal Code.
before the Commission on Election (COMELEC),
claiming that X should be disqualified to run for said
position because he is not a natural-born citizen. While
U. EX POST FACTO LAWS AND BILLS OF ATTAINDER the case was pending, X was proclaimed by the
Provincial Election Supervisor of Batanes as the duly
elected Congressman of the province.

V. WRITS OF HABEAS CORPUS, KALIKASAN, HABEAS Distinguish between natural-born and naturalized
DATA, AND AMPARO citizen under the 1987 Constitution. (2019 BAR)

A: 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. Those
who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed natural-
born citizens. (Sec.2, Art. IV, 1987 Constitution)

On the other hand, naturalized citizens are those who

acquire Philippine Citizenship through either: 1) Judicial
naturalization under CA 4 73 or 2) Administrative
Naturalization Law (RA 9139). A third option is Derivative
Naturalization, which is available to alien women married

95 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
to Filipino husbands found under section 15 of CA 473
which provides that any woman who is now or may
hereafter be married to a citizen of the Philippines and who
might herself be lawfully naturalized shall be deemed a
citizen of the Philippines. (UPLC Suggested Answers)
Q: Atty. Emily Go, a legitimate daughter of a Chinese
father and a Filipino mother, was born in 1945. At 21,
she elected Philippine citizenship and studied Jaw. She
passed the bar examinations and engaged in private
practice for many years. The Judicial and Bar Council
nominated her as a candidate for the position of
Associate Justice of the Supreme Court. But her
nomination is being contested by Atty. Juris Castillo,
also an aspirant to the position. She claims that Atty.
Emily Go is not a natural-born citizen, hence, not
qualified to be appointed to the Supreme Court. Is this
contention correct? (2006 BAR)
A: NO. The contention that Atty. Emily Go is not a natural-
born citizen is not correct. She was born before January 17,
1973 of a Chinese father and a Filipino mother. She elected
Philippine citizenship when she reached twenty -one years
of age. Those who elect Philippine citizenship under Sec.
1(3), Art. IV of the Constitution are natural-born citizens.
(UPLC Suggested Answers)
Q: Atty. Richard Chua was born in 1964. He is a
legitimate son of a Chinese father and a Filipino
mother. His father became a naturalized Filipino
citizen when Atty. Chua was still a minor. Eventually,
he studied Jaw and was allowed by the Sup reme Court
to take the bar examinations, subject to his submission
to the Supreme Court proof of his P hilippine
citizenship. Although he never complied w ith such
requirement, Atty. Chua practiced Jaw for many years
until one Noel Eugenio filed with the Sup r eme Court a
complaint for disbarment agains t h im on the ground
that he is not a Filipino citizen. He then filed with the
Bureau of Immigration an a ffid a vit electing Philippine
citizenship. No el contested it claiming it was filed
many years a fter Atty. Chua reached the age of
majority. Will At ty. Chua be disbarred? Explain. (2006
BAR)
A: Atty. William Chua should n ot be disbarred. In
accordance with Sec. 15 of the Revised Naturalization Act,
he became a naturalized Philippine citizen when his father
became a Filipino citizen during his minority. Hence, there
was n o need for him t o elect Philippine citizenship. (Co v.
HRET, C.R. No. 92191-92, 30 July 1991)
Q: Miguel Sin was born a year ago in China to a Chinese
father and a Filipino mother. His p a rents met in
Shanghai where they were lawfully married just two
years ago. Is Miguel Sin a Filipino citizen? (2003 BAR)
A: YES, Miguel Sin is a Filipino citizen because he is the
legitimate child of a Filipino mother. Under Sec. 4, Art. IV of
the 1987 Constitution, his mother r etained her Philippine
citiz enship despit e her ma rriage to an alien husband, and
UNIVERSITY O F S A NTO TO M AS
20 2 2 GOLD E N NOTES
according to Sec. 1 (2), Art. IV of the 1987 Constit ution,
children born of a Filipin o mother are Filipino citizens.
(UPLC Suggested Ans wers)
Q: From mainland China where he was born of Chinese
parents, Mr. Nya Tsa Chan migrated to the Philippines
in 1894. As of April 11, 1899, he was already a
permanent resident of the Philippine Islands and
continued to reside in this country until his d eath.
During his lifetime and when he was already in t he
Philippines, Mr. Nya Tsa Chan marrie d Ch a ring, a
Filipina, with whom he begot one son, Hap Chan, w ho
was born on October 18. 1897. Hap Chan got married
also to Nimfa, a Filipina, and one o f their children was
Lacqui Chan who was born o n September 27. 1936.
Lacqui Chan finished the cour se Bachelo r of Science in
Commerce and eventually e ngaged in business. In the
May 1989 election, Lacqui Ch an ran for and was elected
Representative (Congressman ) . His rival candidate,
Ramon Deloria, filed a quo warranto or
disqualification case against him on the ground that he
was not a Filip ino citizen. It was pointed out in
particular, that La cqui Chan did not elect Philippine
citizens hip upon reaching the age of 21.
Decide w h ether Mr. Lacqui Chan suffers from a
disqualification or n ot. (2001 BAR)
A: Lacqui Chan is a Filipino citizen and need not elect
Philippine citizenship. His fa ther, Ha p Chan, was a Spanish
subject, was residing in the Philippines on April 11, 18 99,
and continued to reside in the Philippines. In a ccordance
with Sec. 4 of the Philippine Bill of 1902, he was a Filipino
citizen. Hence, in accordance with Sec. 1(3) of the 1935
Constitution, Lacqui Chan is a na tural born Filipino citizen,
since his father was a Filipino citizen. (UPLC Suggested
Answers)
Q: Andres Ang was born of a Chines e father and a
Filipino mother in Sorsogon, Sorsogon on January 20,
1973. In 1988, his father was naturalized as a Filipino
citizen. On May 11, 1998, Andres Ang was elected
Representative of the First District of Sorsogon. Juan
Bonto w ho r eceived the second highest number of
votes, filed a petition for Quo Warranto against Ang.
The petition was filed with the HRET. Bonto contends
that Ang is not a natural born citizen of the Philippines
and therefore is disqualified to be a member of the
House.
The HRET ruled in favor of Ang. Bonto filed a petition
for certiorari in the Supreme Court. The following issue
is raised: Whether Ang is a n atural born citizen of the
Philippines. How should this cas e be decided? (1998
BAR)
A: Andr es Ang should be considered a natural b orn citizen
of the Philippines. He was born of a Filipino mother on
January 20, 1973. This was after the effectivity of the 1973
Cons titution on January 17, 1973. Und er Sec. 1, Art. VI of the
1973 Constitution, those whos e fathers or mothers are
96
 QuAMTO ( 1987-2021)

citizens of the Philippines, are citizens of the Philippines.
Andres Ang remained a citizen of the Philippines after the
effectivity of the 1987 Constitution. Sec. 1 (1 ), Art. IV of the
1987 Constitution provides that those who are citizens of
the Philippines at the time of the adoption of this
Constitution are considered citizens of the Philippines.
(UPLC Suggested Answers)
Q: In 1989, Zeny Reyes married Ben Tulog, a national of
the State of Kongo. Under the laws of Kongo, an alien
woman marrying a Kongo national automatically
acquires Kongo citizenship. After her marriage, Zeny
resided in Kongo and acquired a Kongo passport. In
1991, Zeny returned to the Philippines to run for
Governor of Sorsogon. (1994 BAR)
(a) Was Zeny qualified to run for Governor?
A: Zeny retained her Filipino citizenship. Since she also
became a citizen of Kongo, she possesses dual citizenship.
Pursuant to Sec. 40 [d) of the Local Government Code, she is
disqualified to run for governor. In addition, if Zeny
returned to the Philippines, less than a year immediately
before the day of the election, Zeny is not qualified to run
for Governor of Sorsogon. A candidate for governor must be
a resident in the province where he intends to run at least
one (1) year immediately preceding the day of the election.
(Sec. 39(a) of the Local Government Code) By residing in
Kongo upon her marriage in 1989, Zeny abandoned her
residence in the Philippines. (Caasi v. Court of Appeals, G.R.
No. 88831, 08 Nov.1990)
ALTERNATIVE ANSWER:
citizenship are enumerated in Commonwealth Act No, 63. A
person who possesses dual citizenship like Zeny may
exercise rights of citizenship in both countries and the use
of a passport pertaining to one country does not result in
loss of citizenship in the other country. [Kawakita v. United
States, 343 U.S. 717, 02 June 1952)
ALTERNATIVE ANSWER:
Neither, was Zeny qualified to hold the position of vice-
president of Philippine Bulletin. Under the Constitution,
"the ownership and management of mass media shall be
limited to citizens, of the Philippines, or to corporation,
cooperatives or associations wholly owned and managed by
such citizens" (Sec. 9 (1), Art. XVI, 1987 Constitution), Being
a non-Philippine citizen, Zeny cannot qualify to participate
in the management of the Bulletin as Vice-President thereof.
(UPLC Suggested Answers)
B. MODES OF ACQUIRING CITIZENSHIP
(1999, 1998, 1994, 1989 BAR)
Q: What are the effects of marriages of: (1989, 1999
BAR)
(a) A citizen to an alien;
A: Filipino citizens who marry aliens retain their
citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it. (Sec.4, Art. IV,
1987 Constitu tion)

NO. Zeny was not qualified to run for Governor. Under the
(b) An alien to a citizen; on their spouses and
Constitution, citizens of the Philippines who marry aliens
children? Discuss.
shall retain their citizenship, unless by their act or omission
they are deemed, under the law to have renounced it. (Sec.
A: Under Sec.15 of the Revised Naturalization Law, a foreign
4, Art. IV, 1987 Constitution) Her residing in Kongo and
woman who marries a Filipino citizen becomes a Filipino
acquiring a Kongo passport are indicative of her
citizen provided she possesses none of the
renunciation of Philippine citizenship, which is a ground for
disqualifications for naturalization. [Mo Ya Lim Yao v.
loss of her citizenship which she was supposed to have
Commissioner of Immigration, G.R. No. L-21289, 04 Oct.
retained. When she ran for Governor of Sorsogon, Zeny was
1971) A foreign man who marries a Filipino citizen does
no longer a Philippine citizen and, hence, was disqualified
not acquire Philippine citizenship. However, under Sec. 3 of
for said position. (UPLC Suggested Answers)
the Revised Naturalization Law, in such a case the residence
requirement for naturalization will be reduced from ten
(b) Suppose instead of entering politics. Zeny just
(10) to five (5) years. The children of an alien and a Filipino
got herself elected as vice-president of the
citizen are citizens of the Philippines. (Sec. 1 (1), Art. IV,
Philippine Bulletin, a local newspaper. Was she
1987 Constitution)
qualified to hold that position?

Q: Lim Tong Biao, a Chinese citizen applied for and was

A: Mass media must be wholly owned by Filipino citizens.
granted Philippine citizenship by the court. He took his
(Sec.11(1), Art. XVI of the Constitution) Moreover, under Sec.
oath as citizen of the Philippines in July 1963. In 1975,
2 of the Anti-Dummy Law, aliens may not intervene in the
the Office of the Solicitor General filed a petition to
management of any nationalized business activity, Zeny
cancel his Philippine citizenship for the reason that in
may be elected vice president of the Philippine Bulletin,
August 1963, the Court of Tax Appeals found him guilty
because she has remained a Filipino citizen. Under Sec. 4,
of tax evasion for deliberately understating his income
Art. IV of the Constitution, Filipino citizens who marry aliens
taxes for the years 1959-1961. (1998 BAR)
retains their citizenship unless by their act or omission they
are deemed, under the law, to have renounced it. Zeny is not
guilty of any of acts or omission which will result in loss of

97 UNIVERSITY OF SANTO TOMAS ~

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(a) Could Lim Tong Biao raise the defense of during the pendency of the hearing on said
prescription of the action for cancellation of petition?
his Filipino citizenship?
A: On the assumption that he left a family, the death of Enzo
A: NO, Lim Tong Biao cannot raise the defense of does not render the petition for the cancellation of his
prescription. A decision granting citizenship is not res certificate of naturalization moot. The outcome of the case
judicata and the right of the government to ask for the will affect his wife and children. {ibid.)
cancellation of a certificate cancellation is not barred by the
lapse of time. (Republic vs. Go Bon lee, C.R. No. l-11499, 20
Apr.1961) C. LOSS AND RE-ACQUISITION OF PHILIPPINE
CITIZENSHIP
(b) Supposing Lim Tong Biao had availed of the tax (2016, 2014, 2009, 2004, 2003, 2002, 1 999, 1992 BAR)
amnesty of the government for his tax
liabilities, would this constitute a valid defense
to the cancellation of his Filipino citizenship?
Q: Cruz, a Filipino by birth, became an Ame rican citizen.
In his old age he has returned to the country and wants
A: The fact that Lim Tong Biong availed of the tax amnesty
to become a Filipino again. As his lawyer, enumerate
is not a valid defense to the cancellation of his Filipino
the ways by which citizenship may be reacquired.
citizenship. The tax amnesty does not have the effect of
(ZOOOBAR)
obliterating his lack of good moral character and
irreproachable conduct which are grounds for
A: Cruz may reacquire Philippine citizenship in the
denaturalization. (Republic vs. Li Yao, C.R. No. l-35947, 20
following ways:
Oct. 1992)

1. By naturalization;
Q: Enzo, a Chinese national, was granted Philippine
2. By repatriation pursuant to Republic Act No. 8171;
citizenship in a decision rendered by the Court of First
and
Instance of Pampanga on January 10, 1956. He took his
3. By direct act of Congress. (Sec. 2 ofCommonwealth
oath of office on June 5, 1959. In 1970, the Solicitor
Act No. 63)
General filed a petition to cancel his citizenship on the
ground that in July 1969 the Court of Tax Appeals
Q: Onofre, a natural born Filipino citizen, arrived in the
found thatEnzo had cheated the government of income
United States in 1985. In 1990, he married Salvacion, a
taxes for the years 1956 to 1959. Said decision of the
Mexican, and together they applied for and obtained
Tax Court was affirmed by the Supreme Court in 1969.
American citizenship in 2001. In 2015, the couple and
Between 1960 and 1970, Enzo had acquired
their children, Alfred, 21 years of age, Robert, 16, and
substantial real property in the Philippines. (1994
Marie, 14, who were all born in the U.S. returned to the
BAR)
Philippines on June 1, 2015. On June 15, 2015,
informed that he could reacquire Philippine
(a) Has the action for cancellation of Enzo's
citizenship without losing his American citizenship,
citizenship prescribed?
Onofre went home to the Philippines and took the oath
of allegiance prescribed under R.A. No. 9225.
A: NO, the action has not prescribed. A certificate of
naturalization may be cancelled at any time if it was
On October 28, 2015, he filed a Certificate of Candidacy
fraudulently obtained by misleading the court regarding
to run in the May 9, 2016 elections for the position of
the moral character of the petitioner. (Republic vs. Li Yao,
Congressman in his home province of Pala wan,
C.R. No. l-35947, 20 Oct. 1992)
running against re-electionist Congressman Profundo.
(b) Can Enzo ask for the denial of the petition on
Did Onofre's reacquisition of Philippine citizenship
the ground that he had availed of the Tax
benefit his wife, Salvacion, and their minor children
Amnesty for his tax liabilities?
and confer upon them Filipino citizenship? Explain
your answer. (2016 BAR)
A: NO. Enzo cannot as k for the denial of the petition for the
cancellation of his certificate of naturalization on the
A: The reacquisition of Philippine Citizenship by Onofre did
ground that he had availed of the tax amnesty. The tax
not automatically make his American wife, Salvacion, a
amnesty merely removed all the civil, criminal, and
Filipino citizen. Nowhere does Republic Act no. 9225
administrative liabilities of Enzo. It did not obliterate his
provide that the foreign wife of a former Filipino citiz en
lack of good moral character and irreproachable conduct.
who reacquired his Filipino citizenship will automatically
{ibid.)
become a Filipino citizen. Robert who is 16 years old, and
Marie, who is 14 years old, also became Filipino citizens.
(c) What is the effect on the petition for
The unmarried children below eighteen years of age, of
cancellation of Enzo's citizenship if Enzo died
those who reacquire Philippine citizenship are also
deemed citizens of the Philippines. (Section 4 of RA 922 5)

UNIVERSITY OF SANTO TOMAS 98

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
Q: Rosebud is a natural-born Filipino woman who got
married to Rockcold, a citizen of State Frozen. By
virtue of the laws of Frozen, any person who marries
its citizens would automatically be deemed its own
citizen. After ten years of marriage, Rosebud, who has
split her time between the Philippines and Frozen,
decided to run for Congress. Her opponent sought her
disqualification, however, claiming that she is no
longer a natural-born citizen. In any event, she could
not seek elective position since she never renounced
her foreign citizenship pursuant to the Citizenship
Retention and Reacquisition Act (R.A. No. 9225). Is
Rosebud disqualified to run by reason of citizenship?
(2014 BAR)
A: Rosebud remained a natural born Filipino citizen even if
under the laws of the Frozen, she became a citizen of it
because of her marriage to Rockcold. Under Sec. 4, Art. IV of
the Constitution, she retained her Philippine citizenship.
Rosebud cannot seek elective office. Under Sec. 5 (2) of R.A.
No. 9225, even those who retained the Philippine
citizenship by birth and acquired foreign citizenship by
virtue of marriage to a foreign spouse are required to
renounce their foreign citizenship. (Sobejana-Condon v.
COMELEC, G.R. No. 198742, 10 Aug. 2012; UPLC Suggested
Answers)
Q: Warlito, a natural-born Filipino, took up permanent
residence in the United States, and eventually acquired
American citizenship. He then married Shirley, an
American, and sired three children. In August 2009,
Warlito decided to visit the Philippines with his wife
and children: Johnny, 23 years of age; Warlito, Jr., 20;
and Luisa, 17.
While in the Philippines, a friend informed him that he
could reacquire Philippine citizenship without
necessarily losing U.S. nationality. Thus, he took the
oath of allegiance required under R.A. 9225. (2009
BAR)
(a) Having reacquired Philippine citizenship, is
Warlito a natural-born or a naturalized Filipino
citizen today? Explain your answer.
A: Warlito is a natural-born Filipino citizen. Repatriation of
Filipinos results in the recovery of his original nationality.
Since Warlito was a natural-born citizen before he lost his
Philippine citizenship, he was restored to his former status
as a natural-born Filipino citizen. [Bengson v. HRET, G.R. No.
142840, 07 May 2001)
(b) With Warlito having regained Philippine
citizenship, will Shirley also become a Filipino
citizen? If so, why? If not, what would be the
most speedy procedure for Shirley to acquire
Philippine citizenship? Explain.
A: Shirley will not become a Filipino citizen, because under
RA 9225, Warlito's reacquisition of Philippine citizenship
99
did not extend its benefits to Shirley. She should instead file
with the Bureau of Immigration a petition for the
cancellation of her alien certificate of registration on the
ground that in accordance with Section 15 of the
Naturalization Law, because of her marriage with Warlito,
she should be deemed to have become a Filipino citizen. She
must allege and prove that she possessed none of the
disqualification to become a naturalized Filipino citizen.
[Burca v. Republic, G.R. No. L-24252, 30 Jan.1967)
(c) Do the children - Johnny, Warlito Jr., and Luisa
- become Filipino citizens with their father's
reacquisition of Philippine citizenship? Explain
your answer.
A: Under Sec. 18 of RA 9225, only the unmarried children
who are below eighteen years of age of those who reacquire
Philippine citizenship shall be deemed Filipino citizens.
Thus, only Luisa, who is seventeen years old, became a
Filipino citizen.
Q: TCA, a Filipina medical technologist, left in 1975 to
work in ZOZ State. In 1988 she married ODH, a citizen
of ZOZ. Pursuant to ZOZ's law, by taking an oath of
allegiance, she acquired her husband's citizenship.
ODH died in 2001, leaving her financially secured. She
returned home in 2002, and sought elective office in
2004 by running for Mayor of APP, her hometown. Her
opponent sought to have her disqualified because of
her ZOZ citizenship. She replied that although she
acquired ZOZ's citizenship because of marriage, she did
not lose her Filipino citizenship. Both her parents, she
said, are Filipino citizens.
Is TCA qualified to run for Mayor? (2004 BAR)
A: On the assumption that TCA took an oath of allegiance to
ZOZ to acquire the citizenship of her husband, she is not
qualified to run for mayor. She did not become a citizen of
ZOZ merely by virtue of her marriage; she also took an oath
of allegiance to ZOZ. By this act, she lost her Philippine
citizenship. (Sec. 1(3), Commonwealth Act No. 63)
Q: Juan Cruz was born of Filipino parents in 1960 in
Pampanga. In 1985, he enlisted in the U.S. Marine Corps
and took an oath of allegiance to the United States of
America. In 1990, he was naturalized as an American
citizen. In 1994, he was repatriated under Republic Act
No. 2430. During the 1998 National Elections, he ran for
and was elected representative of the First District of
Pampanga where he resided since his repatriation. Was
he qualified to run for the position? Explain. (2003
BAR)
A: Cruz was qualified to run as representative of the First
District of Pampanga. Since his parents were Filipino
citizens, he was a natural born citizen. Although he became
a naturalized American citizen, by virtue of his repatriation,
Cruz was restored to his original status as a natural-born
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

Filipino citizen. (Bengson v. HRET, C.R. No. 142840, 07 May
2001)
Q: A was born in the Philippines of Filipino parents.
When martial law was declared in the Philippines on
September 21, 1972, he went to the United States and
was naturalized as an American citizen. After the EDSA
Revolution, he came home to the Philippines and later
on reacquired Philippine citizenship by repatriation.
Suppose in the May 2004 elections he is elected
Member of the House of Representatives and a case is
filed seeking his disqualification on the ground that he
is not a natural-born citizen of the Philippines, how
should the case against him be decided? Explain your
answer. (2002 BAR)
A: lfNicasio was born in the United States, he would still be
a citizen of the Philippines, since his parents are Filipinos.
Under Sec. 1(2), those wh ose fathers or mothers are
citizens of the Philippines are citizens of the Philippines.
Nicasio would possess dual citizenship, since under
American Law persons born in the United States are
American citizens. A person who possesses both Philippine
and Amer ican citizenship is still a Filipino and does not lose
his Philippine citizenship unless he r enounces it. (Aznar vs.
COMELEC, C.R. No. 83820, 25 May 1990)
D. DUAL CITIZENSHIP AND DUAL ALLEGIANCE

Q: TRUE or FALSE. Dual citize nship is no t the same as

Q: Julio Horta) was born of Filipino parents. Upon
dual allegiance. (2009 BAR)
reaching the age of majority, he became a naturalized
citizen in another country. Later, he reacquired
A: TRUE. Dual citizenship arises when, as a result of the
Philippine citizenship. Could Horta) regain his status as
concurrent application of the different laws of two or more
natural born Filipino citizen? Would your answer be
states, a p erson is simultaneously considered a national by
the same whether he reacquires his Filipino citizenship
those states and is involuntary . On the other hand, dual
by repatriation or by act of Congress? Explain. (1999
allegiance refers to the situation in which a person
BAR)
sim ultaneously owes by some positive and voluntary act,
loyalty to two or more states. (Mercado v. Manzano, C.R. No.
A: Julio Mortal can regain his status as a natural born citizen
135083, 26 May 1999)
by repatriating. Since repatriation involves restoration of a
person to citizens hip previously lost by expatriation and
Julio Mortal was previously a natural born citizen, in case he
repatriates he will be restored t o his status as a natural born
citizen. If he reacquired his citizenship by an act of
Congress, Julio Horta) will not be a natural born citizen,
since he reacquired his citizenship by legislative
naturalization. (UPLC Suggested Answers)

A: The case should be decided in favor of A. Repatriation

results in the recovery of the original nationality. Since A
was a natural-born Filipino citizen before he became a
naturalized American citizen, he was restored to his former
status as a natural-born Filipino when he repatriated.
(Bengson v. HRET, C.R. No. 142840, 07 May 2001)

Q: Edwin Nicasio, born in the Philippines of Filipino

parents and raised in the province of Nueva Ecija, ran
for Governor o f his home province. He won and he was
sw orn into office. It was recently revealed, however,
that Nicasio is a naturalized American citizen. (1992
BAR)

(a) Do es he still possess Philippine citizenship?

A: NO, Nicasio no longer possesses Philippine citizenship.

By becoming a naturalized American citizen, Nicasio lost
his Philippine citizens hip. (Frivaldo vs. Commission on
Elections, C.R No. 120295, 28 June 1996) Philippine
citizenship is lost by naturalization in a foreign country.
(Sec.1(1), Commonwealth Act No. 63)

(b) If Nicasio was born in the United States, would

he still be a citizen of the Philippines?

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20 22 GOLDEN NOTES
 QuAMTO ( 1987-2021)
IX. LAW ON PUBLIC OFFICERS
A. GENERAL PRINCIPLES
(2018, 2000, 1997, 1989 BAR)
Q: State whether or not the following acts are
constitutional: (2018 BAR)
(a) A law requiring all candidates for national or
local elective offices to be college degree
holders
A: The law requiring all candidates for national or local
elective offices to be college degree holders should be
considered as unconstitutional with respect to national
elective offices, because it is not one of the qualifications
specifically required for these offices. The qualifications for
these positions under the Constitution are exclusive in
character and the Congress would be incompetent to
prescribe this requirement as an additional qualification for
candidates for national elective office. This additional
requirement would, however, be valid with respect to
candidates for local elective posts. (Social Justice Society v.
Dangerous Drugs Board, G.R. No. 157870, 03 Nov. 2008)
(b) The designation by the President of an acting
Associate Commissioner of the Civil Service
Commission;
A: Such designation is unconstitutional because the
Constitution provides that no person shall be appointed or
designated in any of the constitutional commissions in a
temporary or acting capacity. (Sec. 1 (2), Art. IX-B, Sec. 2, Art.
IX-C, Sec. 2 Art. IX-D, 1987 Constitution)
(c) The appointment by the President as Deputy
Ombudsman of a lawyer who has been engaged
in the practice oflaw for five years.
A: The appointment can be upheld, because only the
Ombudsman is required under the Constitution to have
been engaged in the practice of law for at least ten years
prio r to his appointment. (Sec.8, Art. XI, 1987 Constitution)
Q: State at least three constitutional provisions
reflecting the State policy on transparency in matters of
public interest. What is the purpose of said policy?
(2000, 1997, 1989 BAR)
A: The following are the constitutional provisions reflecting
Q: What is the nature of an "acting appointment" to a
the State policy on transparency in matters of public
government office? Does such an appointment give the
interest:
appointee the right to claim that the appointment will,
in time, ripen into a permanent one? Explain. (2003
1. Subject to reasonable conditions prescribed by law,
BAR)
the State adopts and implements a policy of full
101
public disclosure of all its transactions involving
public interest. (Sec. 28, Art. II, 1987 Constitution)
2. 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 to citizen, subject to such limitations as
may be provided by law. (Sec. 7, Art. Ill, 1987
Constitution)
3. The records and books of accounts of the Congress
shall be preserved and be open to the public in
accordance with law, and such books shall be
audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid
to and exp enses incurred for each Member. (Sec.
20, Art. VI, 1987 Constitution)
4. The Office of the Ombudsman shall have the
following powers, functions, and duties: (6)
Publicize matters covered by its investigation
when circumstances so warrant and with due
prudence. (Sec.12, Art. XI, 1987 Constitution)
5. A public officer or employee shall, upon
assumption of office, and as often as thereafter may
be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. In the
cas e of the President, the Vice President, the
Members of the Cabinet, the Congress, the Supreme
Court, the Constitutional Commissions and other
constitutional offices, and officers of the armed
forces with general or flag rank, the declaration
shall be disclosed to the public in the manner
provided by law. (Sec. 17, Art XI, 1987 Constitution)
6. Information on foreign loans obtained or
guaranteed by the Government shall be made
available to the public. (Sec. 21 Art. XII, 1987
Constitution) The purpose of the policy is to protect
the people from abuse of governmental power. If
access to information of public concern is denied,
the postulate public office is a public trust would be
mere empty words. [Valmonte v. Belmonte, G.R. No.
74930, 13 Feb. 1989)
B. KINDS OF APPOINTMENT
(2019, 2017, 2003, 1994 BAR)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
A: According to Sevilla v. Court ofAppeals (C.R. No. 88498, 09
June 1992), an acting appointment is merely temporary. As
held in Marohombsar v. A/onto (C.R. No. 93711, 25 Feb.
1991), a temporary appointment cannot become a
permanent appointment, unless a new appointment which
is permanent is made. This holds true unless the acting
appointment was made beca use of a temporary vacancy. In
such a case, the temporary appointee holds office until the
assumption of office by the permanent appointee.
Q: A was appointed by the President as a Commissioner
of the Commission on Election (COMELEC) while
Congress was not in session. Pending confirmation of
his appointment by the Commission on Appointments,
A started to perform his official functions in the
COMELEC, such as attending en bane sessions, hearing
election protests, signing Resolutions, issuing Orders,
and appearing before Congress during budget hearings.
Atty. B questioned before the Supreme Court the
exercise of official functions by A, stating that his ad
interim appointment is not a permanent appointment
but a temporary one pending confirmation by the
Commission on Appointments, and thus, prohibited
under Article IX-C of the 1987 Constitution which states
that in no case sha11 any Member of the COMELEC be
appointed or designated in a temporary or acting
capacity. (2019 BAR)
(a) Is Atty. B's contention correct? Explain.
A: NO, B's contention is not correct. An ad int erim
appointment is a permanent appointment because it takes
effect immediately and can no longer be withdrawn by the
President once the appointee has qualified into office . The
fact that it is subject to confirmation by the Commission on
Appointments does n ot alter its permanent character.
The Constitution itself makes an ad interim appointment
permanent in character by making it effective until
disapproved by the Commission on Appointments or until
th e next adjournment of Congress. (Matibag v Benipayo, C.R.
No. 149036, 02 Apr. 2002)
(b) If the Co mmission on Appointments by-passed
the confirmation of A, can he sti11 be
reappointed by the President? Explain.
A: YES, the President can continue to reappoint A. Under the
Rules of the Commission on Appointments, a by-passed
appointment can be cons idered again if the President
renews the appointment. The prohibition on
reappointment in Sec. 1 (2), Art IX-C of the Constitution
applies neither to disapproved nor by-passed ad interim
appointments. A by-passed ad interim appointment can be
revived by a new ad interim appointment because there is
no final disapproval under Section 16, Article VII of the
Constitution, and such new appointment will not result in
the appointee s erving beyond the fixed term of seven years.
An ad interim appointment that has lapsed by inaction of
the Commission on Appointments does not constitute a
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
term of office. The period from the time the ad interim
appointment is made to the time it lapses is neither a fixed
term nor an unexpired term.
Q: The President appoints the Vice President as his
Administration's Housing Czar, a position that requires
the appointee to sit in the Cabinet. Although the
appointment of the members of the Cabinet requires
confirmation by the Commission on Appointment (CA),
the Office of the President does not submit the
appointment to the CA. May the Vice President validly
sit in the Cabinet? (2017 BAR)
A: The Vice President may validly sit in the Cabinet even if
he was not confirmed by the Commission on Appointments.
Under Article VII, Sec. 3 of the Constitution, the
appointment of the Vice President as cabinet member
requires no confirmation. (Araullo v. Aquino III, C.R. No.
209287, 01 July 201 4)
Q: In December 1988, while Congress was in recess, A
was extended an ad interim appointment as Brigadier
General of the Philippine Army. In February 1989,
w hen Congress was in session, B was nominated as
Brigadier General of the Philippine Army. B's
nomination was confirmed on August 5, 1989 while A's
appointment was confirmed on September 5, 1989.
(1994 BAR)
(a) Who is deemed more senior of the two, A or B?
A: A is senior to B. The ad interim appointment extended to
A is permanent and is effective upon his acceptance
although it is subject to confirmation by the Commission on
Appointments. (Summers vs. Ozaeta, C.R. No. L-1534, 25 Oct.
1948)
(b) Suppose Congress adjourned without the
Commission on Appointments acting on both
appointments, can A and B retain their original
ranks of colonel?
A: If Congress adjourned without the appointments of A and
B having been confirmed by the Commission on
Appointments, A cannot return to his old position. By
accepting an ad interim appointment to a new position, A
waived his right to hold his old position. On the other hand,
since B did not assume the new position, he retained his old
position. (ibid.)
C. DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS
Q: X was elected provincial governor for a term of three
years. He was subsequently appointed by the President
of the Philippines serving at her pleasure, as
concurrent Presidential Assistant for Political Affairs in
the Office of the President, without additional
compensation. Is X's appointment valid? (2002 BAR)
102
 QuAMTO ( 1987-2021)
A: The appointment ofX is not valid, because the position of
Presidential Assistant for Political Affairs is a public office.
Article IX-B Section 7 of the Constitution provides that no
elective official shall be eligible for appointment or
designation in any capacity to any public office or position
during his tenure. Since an elective official is ineligible for
an appointive position, his appointment is not valid. [Flores
v. Drilon, G.R. No.104732, 22June 1993)
Q: M is the Secretary of the Department of Finance. He
is also an ex-officio member of the Monetary Board of
the Bangko Sentral ng Pilipinas from which he receives
an additional compensation for every Board meeting
attended. N, a taxpayer, filed a suit in court to declare
Secretary M's membership in the Monetary Board and
his receipt of additional compensation illegal and in
violation of the Constitution. N invoked Article VII,
Section 13 of the Constitution which provides that the
President, Vice- President, the Members of the Cabinet,
and their deputies or assistants shall not, unless
otherwise provided in the Constitution, hold any other
office or employment during their tenure. N also cited
Article IX-B, Section 8 of the Constitution, which
provides that no elective or appointive public officer or
employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law. If
you were the judge, how would you decide the
following: (2002 BAR)
(a) The issue regarding the holding of multiple
positions?
A: If I were the judge, I would uphold the validity of the
designation of Secretary M as ex officio member of the
Monetary Board. The prohibition against the holding of
multiple positions by Cabinet Members in Article VII,
Section 13 of the Constitution d oes not apply to positions
occupied in an ex officio capacity as provided by law and as
required by the primary fu nctions of their office. (Civil
Liberties Union v. Executive Secretary, G.R. No. 83896, 22 Feb.
1991)
(b) The issue on the payment of additional or
double compensation? Explain your answers
fully.
A: If I were the judge, I would rule that Secretary M cannot
receive any additional compensation. A Cabinet Member
holding an ex- officio position has no right to receive
additional compensation, for his services in that position
are already paid for by the compensation attached to his
principal office. (Civil Liberties Union v. Executive Secretary,
G.R. No. 83896, 22 Feb. 1991)
Q: Suppose A, a Municipal Mayor, went on a sick leave
to undergo medical treatment for a period of four (4)
months. During that time: (2002 BAR)
(a) Will B, the Municipal Vice-Mayor, be
performing executive functions? Why?
103
A: Since the Municipal Mayor is temporarily incapacitated
to perform his duties, in accordance with Section 46(a) of
the Local Government Code, the Municipal Vice- Mayor shall
exercise his powers and perform his duties and functions.
The Municipal Vice-Mayor will be performing executive
functions, because the functions of the Municipal Mayor are
executive.
(b) Will B at the same time be also performing
legislative functions as presiding officer of the
Sangguniang Bayan? Why?
A: The Municipal Vice-Mayor cannot continue as presiding
officer of the Sangguniang Bayan while he is acting
Municipal Mayor.
In accordance with Gamboa v. Aguirre (G.R. No. 134213, 20
July 1999), under the Local Government Code, the Vice-
Municipal Mayor was deprived of the power to preside over
the Sangguniang Bayan and is no longer a member of it. The
temporary vacancy in the office of the Municipal Mayor
creates a co rrespo nding temporary vacancy in the Office of
the Municipal Vice-Mayor when he acts as Municipal Mayor.
This constitutes inability on his part to preside over the
sessions of the Sangguniang Bayan.
D. POWERS AND DUTIES OF PUBLIC OFFICERS
E. DE FACTO VS DE JURE OFFICERS
Q: AVE ran for Congressman of QU province. However,
his opponent, BART, was the one proclaimed and
seated as the winner of the election by the COMELEC.
AVE filed seasonably a protest before HRET (House of
Representatives Electoral Tribunal). After two years,
HRET reversed the COMELEC's decision and AVE was
finally proclaimed the duly elected Congressman. Thus,
he had only one year to serve in Congress. Can AVE
collect salaries and allowances from the government
for the first two years of his term as Congressman?
Should BART refund the government the salaries and
allowances he had received as Congressman? What will
happen to the bills that BART alone authored and were
approved by the House of Representatives while he was
seated as Congressman? Reason and explain briefly.
(2004 BAR)
A: AVE cannot collect salaries and allowances from the
government for the first two years of his term because
BART collected the salaries and allowances. BART was a de
facto officer while he had the office. Allowing AVE to collect
the salaries and allowances will make the government pay
a second time. [Mechem, 1890) BART is not required to
refund the government the salaries and allowances he
received. As a de facto officer, he is entitled to salaries and
allowances because he rendered services during his
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
incumbency. (Rodriguez v. Tan, C.R. No. L-3913, 07 Aug.
1952) The bills that BART alone authored and was
approved by the House of Representatives are valid because
he was a de facto officer during his incumbency. The acts of
a de facto officer are valid insofar as the public is concerned.
(People v. Garcia, C.R. No.126252, 30 Aug.1999)
F. THE CIVIL SERVICE
G. ACCOUNTABILITY OF PUBLIC OFFICERS
(2019, 2017, 2013, 2012, 2010,
2004, 2003, 2001, 1999 BAR)
1. DISCIPLINE
a.GROUNDS
b. JURISDICTION
c. DISMISSAL, PREVENTIVE SUSPENSION,
REINSTATEMENT AND BACK SALARIES
Q: Maximino, an employee of the Department of
Education, is administratively charged with dishonesty
and gross misconduct. During the formal investigation
of the charges, the Secretary of Education preventively
suspended him for a period of 60 days. On the 60th day
of the preventive suspension, the Secre tary rendered a
verdict, finding Maximino guilty, and ordered his
immediate dismissal from the service. Maximino
appealed to the Civil Service Commission (CSC), which
affirmed the Secretary's decision. Maximino then
elevated the matter to the Court o f Appeals (CA). The CA
reversed the CSC decision, exonerating Maximino. The
Secretary Of Education then petitions the Supreme
Court (SC) for the review of the CA decision. Is the
Secretary of Education a proper party to seek the
review of the CA decision exonerating Maximino?
Reasons. (2010 BAR)
A: The Secretary of Education is not the proper party to seek
a r eview of the decision of the Court of Appeals, because he
is the one who heard the case and imposed the penalty.
Being the disciplinary authority, the Secretary of Education
should be impartial and should not actively participate in
prosecuting Maximino. (National Appellate Board of the
National Police Commission v. Mamauag, C.R. No. 149999, 12
Aug. 2005)
Q: Alfonso Beit, a supply officer in the Department of
Science and Technology (DOST), was charged
administratively. Pending investigation, he was
preventively suspended for 90 days. The DOST
Secretary found him guilty and meted him the penalty
of removal from office. He appealed to the Civil Service
Commission (CSC). In the meantime, the decision was
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
executed pending appeal. The CSC rendered a decision
which modified the appealed decision by imposing only
a penalty of reprimand, and which decision became
final. (2001 BAR)
(a) Can Alfonso Belt claim salary for the period that
his case was pending investigation? Why?
A: Alfonso Beit cannot claim any salary for the period of his
preventive suspension during the pendency of the
investigation. As held in Gloria v. Court of Appeals (C.R. No.
131012, 21 Apr. 1999), under Section 52 of the Civil Service
Law, the provision for payment of salaries d uring the period
of preventive suspension during the pendency of the
investigation has been deleted. The preventive suspension
was not a penalty. Its imposition was lawful, since it was
authorized by law.
(b) Can he claim salary for the period that his case
was pending appeal? Why?
A: If the penalty was modified because Alfonso Beit was
exonerated of the charge that was the basis for the decision
ordering his dismissal, he is entitled to back wages,
otherwise, this would be tantamount to punishing him after
exoneration from the charge which caus ed his dismissal.
(Gloria v. Court ofAppeals, C.R. No. 131012, 21 Apr. 1999) If
he was reprimanded for the same charge which was the
basis of the decision ordering his dismissal, Alfonso Belt is
not entitled to back wages, because he was found guilty, and
the penalty was merely commuted. (Dela Cruz v. Court of
Appeals, C.R. No. 126183, 25 Mar.1999)
d. CONDONATION DOCTRINE
Q: Mayor X and his City Administrator, Y, are political
buddies who assumed their respective offices in 2010.
Sometime in January 2012, Y proposed to Mayor X the
entry into a PS,000,000.00 loan agreement with ABC
Foundation, a non-stock and non-profit organization in
which the two had a long-standing personal
involvement. The loan agreement was duly executed in
the same year but was never authorized and approved
by the Sangguniang Panlungsod. It was further found
that the same constituted a fraudulent scheme to
defraud the City Government.
Meanwhile. Mayor X won another term during the May
2013 Elections and Y continued on as his City
Administrator. A year after, or in May 2014,
administrative charges for grave misconduct, serious
dishonesty, and conduct prejudicial to the best interest
of the service were filed against them before the Office
of the Ombudsman. In defense, Mayor X argued that his
subsequent reelection in May 2013 absolved him from
any administrative liability for any a11eged anomalous
activity during his first term in office.
Y raised the same defense of condonation, having been
retained by Mayor X as City Administrator for a second
term. On December 10, 2015, the Ombudsman
104
 QuAMTO ( 1987-2021)
rendered its ruling in the case, finding both Mayor X
and Y administratively liable. Citing the Supreme
Court's Decision in Carpio-Morales v. Court of Appeals
(G.R. Nos. 217126-27), which was initially promulgated
on November 10, 2015, the Ombudsman rejected their
defense of condonation. With the motions for
reconsideration of Mayor X and Y having been denied
by the Ombudsman on March 10, 2016, they elevated
the matter to the Court of Appeals. (2019 BAR)
(a) Did the Ombudsman err in not giving credence
to the defense of condonation as raised by
Mayor X? Explain.
A: YES, the Ombudsman erred in not giving credence to the
defense. Although in Carpio-Morales v Court of Appeals
abandoned the condonation doctrine, the Supreme Court
also pronounced that such ruling may not be applied
retroactively, for the reason that judicial decisions applying
or interpreting the laws or the Constitution, until reversed,
shall form part of the legal system of the Philippines.
Considering that the acts of Mayor X were committed in
2013, before the Carpio-Morales case, Mayor X can still
validly invoke the condonation doctrine. (Office of the
Ombudsman v Vergara, G.R. No. 216871, 06 Dec. 2017)
(b) How about Y? Can he validly invoke the
condonation doctrine to absolve him of the
charge? Explain.
A: NO, the condonation doctrine only applies to elective
officials. Y, being the City Administrator, is an appointive
official and can therefore not validly invoke the doctrine.
(Carpio-Morales v Court of Appeals, G.R. Nos. 21 7126-27, 10
Nov. 2015).
2. IMPEACHMENT
(2019, 2017, 2013, 2 01 2, 1999 BAR)
Q: Who are the impeachable officers under the 1987
Constitution? Briefly explain the process of impeaching
them thereunder. (201 7, 2019 BAR)
A: Sec. 2, Art. XI of the 1987 Constitution provides that the
following are impeachable officers: The President, the Vice-
President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman.
The pro cess of impeachment is provided for in Sec. 3, Art. XI
of the 1987 Constitution. It states the following:
1) The House of Representatives shall have the
exclusive power to initiate all cases of
impeachment.
2) A verified complaint for impeachment may be filed
by any Member of the House of Representatives or
by any citizen upon a resolution or endorsement by
any Member thereof, which shall be included in the
Order of Business within ten session days, and
referred to the proper Committee within three
105
session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members,
shall submit its report to the House within sixty
session days from such referral, together with the
corresponding resolution. The resolution shall be
calendared for consideration by the House within
ten session days from receipt thereof.
3) A vote of at least one-third of all the Members of the
House shall be necessary either to affirm a
favorable resolution with the Articles of
Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall
be recorded.
4) In case the verified complaint or resolution of
impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute
the Articles oflmpeachment, and trial by the Senate
shall forthwith proceed.
5) No impeachment proceedings shall be initiated
against the same official more than once within a
period of one year.
6) The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines
is on trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of
all the Members of the Senate.
Judgment in cases of impeachment shall not extend further
than removal from office and disqualification to hold any
offic e under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment, according to law.
(Sections 5 to 14, Article XI of the 1987 Constitution, in
relation to RA No. 6770, or otherwise known as "The
Ombudsman Act of 1989.")
Q: What are the grounds for impeachment. Explain.
(2013, 2012, 1999 BAR)
A: Under Sec. 2, Art. XI of the Constitution, the grounds for
impeachment are:
1. Culpable violation of the Constitution - means
intentional violation of the Constitution and not
violations committed in good faith.
2. Treason - the same meaning as in the Revised
Penal Code
3. Bribery - the same meaning as in the Revised Penal
Code
4. Graft and Corruption - refers to prohibited acts
enumerated in the Anti-Graft and Corrupt Practices
Act.
5. Other High Crimes - refers to offenses that strike at
the very life or orderly working of the government.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

6. Betrayal of Public Trust - refers to any violation of Q: CTD, a Commissioner of the National Labor Relations
the oath of office. (Cruz, 1998; Bernas, 1996) Commission (NLRC), sports a No. 10 car plate. A
disgruntled litigant filed a complaint against him for
3. THE OMBUDSMAN violation of the Anti-Graft and Corrupt Practices Act
(2019, 2017, 2012, 2004, 2003 BAR) before the Ombudsman. CTD now seeks to enjoin the
Ombudsman in a petition for prohibition, alleging that
he could be investigated only by the Supreme Court
Q: May a complaint for disbarment against the
under its power of supervision granted in the
Ombudsman prosper during her incumbency? Explain
Constitution. He contends that under the law creating
your answer. (2019, 2017 BAR)
the NLRC, he has the rank of a Justice of the Court of
Appeals, and entitled to the corresponding privileges.
A: NO. This is beca us e the ultimate effect is to remove him
Hence, the 0MB has no jurisdiction over the complaint
from office, circumventing the provision on removal by
against him. Should CTD's petition be granted or
impeachment thus violating his s ecurity of tenure. (In Re:
dismissed? Reason briefly. (2004 BAR)
First Indorsement from Hon. Raul Gonzalez, A.M, No, 88-4-
5433, 15 Apr, 1988) An impeachable officer who is a
A: The petition of CTD should be dismissed. Sec. 21 of the
member of the Philippine bar cannot be disbarred first
Ombudsman Act vests the Office of the Ombudsman with
without being impeached. ljarque v, Desierto, A,C, No, 4509,
disciplinary authority over all elective and appointive
05 Dec. 1995)
officials of the government, except offi cials who may be
removed only by impeachment, Members of Congress and
Q: Judge Red is the Executive Judge of Green City. Red is
the Judiciary. While CTD has the rank of a Justice of the
known to have corrupt tendencies and has a reputation
Court of Appeals, he does not belong to the Judiciary but to
widely known among practicing lawyers for accepting
the Executive Department. This simply means that he has
bribes. Ombudsman Grey, wishing to "dean up" the
the same compensation and privileges as a Justice of the
government from errant public officials, initiated an
Court of Appeals. If the Supreme Court were to investigate
investigation on the alleged irregularities in the
CTD, it would be performing a non-judicial functi on. This
performance of duties of Judge Red. (2012 BAR)
will violate the principle of separation of powers . (Noblejas
v. Teehankee, C.R. No. L-28790, 29 Apr. 1968)
(a) Judge Red refused to recognize the authority of
the Office of the Ombudsman over him because
Q: Director WOW failed the lifestyle check conducted by
according to him, any administrative action
the Ombudsman's Office because WOW's assets were
against him or any court official or employee
grossly disproportionate to his salary and allowances.
falls under the exclusive jurisdiction of the
Moreover, some assets were not included in his
Supreme Court. Decide with reasons.
Statement of Assets and Liabilities. He was charged of
graft and corrupt practices and pending the completion
A: Since the complaint refers to the performance of the
o f investigations, he was suspended from office for six
duties of Judge Red, Ombudsman Grey should not act on it
m onths. (2004 BAR)
and should refer it to the Supreme Court. His investigation
will encroach upon the exclusive power of administrative
(a) Aggrieved, WOW petitioned the Court of
s upervision of the Supreme Court over all courts . (Maceda
Appeals to annul the preventive suspension
v, Vasquez, C.R. No, 102781, 22 Apr, 1993)
order on the ground that the Ombudsman could
only recommend but not impose the
(b) Does the Ombudsman have authority to
suspension. Moreover, according to WOW, the
conduct investigation over crimes or offenses
suspension was imposed without any notice or
committed by public officials that are NOT in
hearing, in violation of due process. Is the
connection or related at all to the official's
petitioner's contention meritorious? Discuss
discharge of his duties and functions? Explain.
briefly.

A: The Ombudsman can inves tigate crimes or offens es

A: The contention of Director WOW is not meritorious. The
committed by public officers which are not connected with
suspension meted out t o him is preventive a nd not punitive.
the performance of their duties. Under Section 13(1),
Sec, 24 of R.A. No. 6770 grants the Ombudsman the power to
Article XI of the Constitution, the Ombudsman can
impose preventive suspens ion up to six months. Preventive
investigate any a ct or omission of a public official which is
suspension maybe imposed without any notice or hearing.
illega l. (Delosa v. Domingo, C.R. No. 90591, 21 Nov. 1990)
It is merely a preliminary step in a n administrative
investigation and is not the final determination of the guilt
(c) Who are required by the Constitution to submit
of the officer concerned. (Garcia v. Mojica, C. R. No. 139043,
a declaration under oath of his assets,
10 Sept.1999)
liabilities, and net worth?

(b) For his part, the Ombudsman moved to dismiss

A: All public officers and employees are required to submit
WOW's petition. According to the Ombudsman
a declaration under oath of their assets, liabilities and net
the evidence of guilt of WOW is strong, and
worth. (Sec, 17, Art. XI, 1987 Constitution)

UNIVERSITY OF S A NTO TOMAS 106

20 2 2 GOLD E N NOTES
 QuAMTO ( 1987-2021)
petitioner failed to exhaust administrative
remedies. WOW admitted he filed no motion for
reconsideration, but only because the order
suspending him was immediately executory.
Should the motion to dismiss be granted or not?
Discuss briefly.
A: The motion to dismiss should be denied. Since the
suspension of Director WOW was immediately executory,
he would have suffered irreparable injury had he tried to
exhaust administrative remedies before filing a petition in
court (University of the Philippines Board of Regents v. Rasul,
200 SCRA 685). Besides, the question involved is purely
legal. (Azarcon v. Bunagan, G.R. No. 124611, 20 Mar. 2003)
Q: A group of losing litigants in a case decided by the
Supreme Court filed a complaint before the
Ombudsman charging the Justices with knowingly and
deliberately rendering an unjust decision in utter
violation of the penal laws of the land. Can the
Ombudsman validly take cognizance of the case?
Explain. (2003 BAR)
A: No, the Ombudsman cannot entertain the complaint.
pursuant to the principle of separation of powers, the
correctness of the decisions of the Supreme Court as final
arbiter of all justiciable disputes is conclusive upon all other
departments of the government; the Ombudsman has no
power to review the decisions of the Supreme Court by
entertaining a complaint against the Justices of the Suprem e
Court for knowingly rendering an unjust decision. [In re:
Laureta v. Court ofAppeals G.R. No. L-68635, 12 Mar. 1987)
ALTERNATIVE ANSWER:
Sec. 1, Art. XI of the 1987 Constitution provides that public
officers must at all times be accountable to the people. Sec.
22 of the Ombudsman Act provides that the Office of the
Ombudsman has the power to investigate any serious
misconduct allegedly committed by officials removable by
impeachment fo r the purpose of filing a verified complaint
for impeachment if warranted. The Ombudsman can
entertain the complaint for this purpose.
a. FUNCTIONS
Q: Ascertain the constitutionality of the following acts:
(2018 BAR)
(a) An investigation conducted by the Ombudsman
against a Commissioner of the Commission on
Audit for serious misconduct.
A: The act is constitutional. Article XI, Section 13(1) of the
Constitution expressly gives the Ombudsman the power to
investigate on its own or on complaint by any person, any
act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
unjust, improper or inefficient.
107
ALTERNATIVE ANSWER:
The act is constitutional. Although a Commission of any of
the Constitutional Commissions is removable only through
impeachment, this rule does not preclude the Ombudsman
from conducting an investigation into the alleged serious
misconduct committed by impeachable officials for the
purpose of filing a verified complaint for impeachment. (Sec.
22, RA 6770; Carpio-Morales v. CA, GR 217126-27, 10 Nov.
2015)
ALTERNATIVE ANSWER:
The act is unconstitutional since serious misco nduct is not
a ground for impeachment. Given the limited facts of the
case, it cannot be assumed that serious misconduct in this
case amounts to betrayal of public trust.
(b) A law prohibiting any court, other than the
Supreme Court, from issuing a writ of
injunction against an investigation being
conducted by the Ombudsman.
A: The law is unconstitutional. The power to issue
injunctive writs is part of judicial power. The rules
governing the exercise of this power are within the powers
of the Supreme Court to promulgate. The law therefore is an
en croachment of the Court's rule-making power. (Carpio-
Mora les v CA, GR 217126- 27, 10 Nov. 2015)
( c) A law prohibiting any appeal from the decision
or final order of the Ombudsman in an
administrative proceeding, except through a
petition for review on certiorari filed before the
Supreme Court.
A: The law is unconstitutional. In Fabian v. Desierto (G.R. No.
129742, 16 Sept. 1998), the Court invalidated Sec. 27 of R.A.
No. 6770 insofar as it provided for appeal by certiorari
under Rule 45 from the decisions or orders of the
Ombudsman in administrative cases. Sec. 27 of R.A. No. 6770
had the effect, not only of increasing the appellate
jurisdiction of the Supreme Court without its advice and
concurrence in violation of Sec. 30, Article VI of the
Constitution; it is also inconsistent with Sec. 1, Rule 45 of the
Rules of Court which provides that a petition for review on
certiorari shall apply only to a review of judgments or final
orders of the Court of Appeals, the Sandiganbayan, the
Court of Tax Appeals, the Regional Trial Court, or other
courts authorized by law. In the absence of concurrence by
the Supreme Court, such a law would be unconstitutional.
b. JUDICIAL REVIEW IN ADMINISTRATIVE
PROCEEDINGS
c. JUDICIAL REVIEW IN PENAL PROCEEDINGS
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

4. THE SANDIGANBAYAN charged, it applies to any office which he may be holding.

(UPLC Suggested Answers)

Q: Suppose a public officer has committed a violation of

Sec. 3 (b) and (c) of the Anti- Graft and Corrupt Practices
Act (R.A. No. 3 019), as amended, by receiving monetary
and other material considerations for contracts
entered into by him in behalf of the government and in
connection with other transactions, as a result of which
he has amassed illegally acquired wealth. (2002 BAR)

(a) Does the criminal offense committed

prescribe?

A: A violation of Sec. 3(b) and (c) of the Anti-Graft and

Corrupt Practices Act prescribes. Sec. 15, Art. XI of the
Constitution does not apply to criminal cases for violation of
the Anti-Graft and Corrupt Practices Act. (Presidential Ad-
Hoc Fact-Finding Committee on Behest Loans v. Desierto,G.R.
No. 135715, 13 Apr. 2011)

(b) Does the right of the government to recover the

illegally acquired wealth prescribe?

A: Sec, 15, Art. XI of the Constitution provides that the right

of the State to recover properties unlawfully acquired by
public officials or employees, or from them or from their
nominees or transferees, shall not be barred by
prescription.

Q: Simeon Valera was formerly a Provincial Governor

who ran and won as a Member of the House of
Representatives for the Second Congressional District
of lloilo. For violation of Section 3 of the Anti-Graft and
Corrupt Practices Act (R.A. No.3019), as amended,
allegedly committed when he was still a Provincial
Governor, a criminal complaint was filed against him
before the Office of the Ombudsman for which, upon a
finding of probable cause, a criminal case was filed with
the Sandiganbayan. During the course of trial, the
Sandiganbayan issued an order of preventive
suspension for 90 days against him. Representative
Valera questione d the validity of the Sandiganbayan
order on the ground that, under Article VI , Section
16(3) of the Constitution, he can be suspended only by
the House of Representatives and that the criminal case
against him did not arise from his actuations as a
member of the House of Representatives. Is
Representative Valera's contention correct? Why?
(2002 BAR)

A: The contention of Representative Valera is not correct.

As held in Santiago v. Sandiganbayan (C.R. No. 128055, 18
Apr. 2001), the suspension contemplated in Sec. 16 (3), Art.
VI ofthe Constitution is a punishment that is impos ed by the
Senate or House of Representatives upon an erring
member, it is distinct from the suspension under Sec. 13 of
the Anti-Graft and Corrupt Practices Act, which is not a
penalty but a preventive measure. Since Sec. 13 of the Anti-
Graft and Corruption Practices Act does not state that the
public officer must be suspended only in the office where he
is alleged to have committed the acts which he has been

UNIVERSITY OF SANTO TOMAS 108

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
X. ADMINISTRATIVE LAW
A. GENERAL PRINCIPLES
(2006, 2005, 1997 BAR)
Q: What is a quasi-judicial body or agency? (2006 BAR)
A: A quasi-judicial body or agency is an administrative body
with the power to hear, determine or ascertain the facts and
decide rights, duties and obligations of the parties by the
application of rules to the ascertained facts. By this power,
quasi-judicial agencies are enabled to interpret and apply
implementing rules and regulations promulgated by them
and laws entrusted to their administration. (UPLC
Suggested Answers)
Q: State with reason(s) which of the following is a
government agency or a government instrumentality:
a. Department of Public Works and Highway;
b. Bangko Sentral ng Pilipinas;
c. Philippine Ports Authority;
d. Land Transportation Office;
e. Land Bank of the Philippines. (2005 BAR)
A: An agency of the government refers to any of the various
units of the government, including a department, bureau,
office, instrumentality, or government-owned or controlled
corporation, or a local government or a distinct u nit therein.
(Sec. 2(4), Introductory Provisions, Administrative Code of
1987; Mactan Cebu v. Marcos, G.R. No. 120082, 11 Sept.1996)
An instrumentality of the government refers to any agency
of the national government, not integrated within the
department framework, vested with special functions or
jurisdiction by law, endowed with some if not all corporate
powers, administering special funds, and enjoying
operational autono my, usually through a charter. This term
includes regulatory agencies, chartered institutions, and
government-owned or controlled corporation. (Sec. 3(1 OJ,
Introductory Provisions, Administrative Code of 1987;
Mactan Cebu v. Marcos, G.R. No. 120082, 11 Sept. 1996)
1. The Department of Public Works and Highways is
an agency of the government because it is a
department.
2. The Bangko Sentral ng Pilipinas is a government
instrumentality because it is vested with the
special function of being the central monetary
authority and enjoys operational autonomy
through its charter. (Sec. 1, R.A No. 7653)
3. The Philippine Ports Authority is a government
instrumentality because it is merely attached to the
Department of Transportation and
109
Communication, it is vested with the special
function of regulating ports, and it is endowed with
all corporate powers through its charter. (Secs. 4(a)
and 6 [a)(2), Presidential Decree No. 857)
4. The Land Transportation Office is an agency of the
government because it is an office under the
Department of Transportation and
Communication. (Sec. 4(a), RA. No. 4136)
5. The Land Bank of the Philippines is a government
instrumentality because it is vested with the
special function of financing agrarian reform, it is
endowed with all corporate powers, and it enjoys
autonomy through a charter. (Sec. 74, Agrarian
Land Reform Code)
Q: Are government-owned or controlled corporations
within the scope and meaning of the "Government of
the Philippines"? (1 997 BAR)
A: Sec. 2 of the Introductory Provision of the Administrative
Code of 1987 defines the government of the Philippines as
the corporate governmental entity through which the
fu nctions of government are exercised throughout the
Philippines, including, same as the contrary appears from
the context, the various arms through which political
authority is made effective in the Philippines, whether
pertaining to the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of local
government. Government owned or controlled corporation
are within the scope and meaning of the Government of the
Philippines if they are performing governmental or political
fu nctio ns. (UPLC Suggested Answers)
B. POWERS OF ADMINISTRATIVE AGENCIES
(2018, 2000, 1994, 1993 BAR)
Q: Section 9 of P.O. No.1606, as amended, provides that
the Sandiganbayan may adopt internal rules governing
the allotment of cases among its divisions, the rotation
of justices among them, and other matters relating to
the internal operations of the court.
Section 6 of Article IX-A of the Constitution allows each
of the Constitutional Commissions "en bane [to]
promulgate its own rules concerning pleadings and
practice before it or before any ofits offices. Such rules
however shall not diminish, increase, or modify
substantive rights."
Section 16(3) of Article VI of the Constitution states that
"Each House may determine the rules of its
proceedings." Section 21, Article VI of the Constitution
further provides that "The Senate or the House of
Representatives or any of its respective committees
may conduct inquiries ... in accordance with its duly
published rules of procedure."
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Finally, Section 3 (8) of Article XI of the Constitution
declares that "The Congress shall promulgate its rules
on impeachment to effectively carry out the purposes of
this section." Are the rules promulgated pursuant to
these provisions subject to review and disapproval by
the Supreme Court? (2018 BAR)
A: Sec. 5 (SJ of Art. Vl/I of the Constitution clearly provides
that the "Rules of procedure of s pecial courts and quasi-
judicial bodies shall remain effective unless disapproved by
the Supreme Court;" accordingly, it is clear that the
Supreme Court may review and reverse the rules of
procedure of the Sandiganbayan and the Constitutional
Commissions.
With respect to the rules of procedure of Congress in its
proceedings, legislative inquiries and on impeachment,
while these rules may be generally considered as political
questions, when questioned before the courts in a proper
case, they would nevertheless be subject to the power of
judicial review under Sec. 1 (2), Article Vlll of the
Constitution, which authorizes it to review and annul all acts
of any branch or instrumentality of the government which
may be tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
Although the Rules of Procedure of the Sandiganbayan are
covered by the disapproval authority of the Supreme Court
as s tated in Sec. 5(5) of Article Vlll of the Constitution, the
same thing cannot be said for the Rules of Procedure
promulgated by Congress by virtue of the doctrine of
separation of powers, unless these rules are tainted with
grave abuse of discretion. The Rules of Procedure of
Constitutional Commissions are likewise outside the
disapproval authority of the Supreme Court as these
commissions are deliberately placed in the Constitution to
be independent unless these are tainted with grave abuse of
discretion. (ibid.)
1. QUASI-LEGISLATIVE (RULE-MAKING) POWER
a. KINDS OF ADMINISTRATIVE RULES AND
REGULATIONS
b. REQUISITES FOR VALIDITY
Z. QUASI-JUDICIAL POWER
a. ADMINISTRATIVE DUE PROCESS
(ZOOO, 1994, 1993 BAR)
Q: The Maritime Industry Authority (MARINA) issued
new rules and regulations governing pilotage services
and fees, and the conduct of pilots in Philippine ports.
This it did without notice, hearing nor consultation
with harbor pilots or their associations whose rights
and activities are to be substantially affected.
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
The harbor pilots then filed suit to have the new
MARINA rules and regulations declared
unconstitutional for having been issued without due
process. Decide the case. (Z000 BAR)
A: The issuance of the new rules and regulations violated
due process. Under Sec. 9, Chapter II, Book VII of the
Administrative Code of 1987, as far as practicable, before
adopting proposed rules, an administrative agency should
publish or circulate notices of the proposed rules and afford
interested parties the opportunity to submit their vi ews;
and in the fixing of rates, no rule shall be valid unless the
proposed rates shall have been published in a newspaper of
general circulation at least two weeks before the first
hearing on them. When an administrative rule substantially
increases the burden of those directly affected, they should
be accor ded the chance to be heard before its issuance.
(Commissioner of Internal Revenue v. CA, C.R. No. 119761, 21
Aug.1996)
Q: The S/S "Masoy" o f Panamanian registry, while
moored at the South Harbor, was found to have
contraband goods o n board. The Customs Team found
out that the vessel did not have the required ship's
permit and shipping documents. The vessel and its
cargo were held and a warrant of Seizure and Detention
was issued after due investigation. In the course of the
forfeiture proceedings, the ship captain and the ship's
resident agent executed sworn statements before the
Custom legal officer admitting that contraband cargo
were found aboard the vessel. The shipping lines object
to the admission of the statements as evidence
contending that during their execution, the captain and
the shipping agent were not assisted by counsel, in
violation of due process. Decide. (1993 BAR)
A: The admission of the statements of the captain and the
shipping agent as evidence did not violate due process even
if they were not assisted by counsel. In Feeder International
Line, Pts, Ltd. v. Court of Appeals (C.R. No. 94262, 31 May
1991), it was held that the assistance of counsel is not
indispensable to due process in forfeiture proceedings
since such proceedings are not criminal in nature.
Moreover, the strict rules of evidence and procedure will
not apply in administrative proceedings like seizure and
forfeiture proceedings. What is important is that the parties
are afforded the opportunity to be heard and the decis ion of
the administrative authority is based on substantial
evidence. (UPLC Suggested Answers)
Q: A complaint was filed by Intelligence agents of the
Bureau of Immigration and Deportation
(BID) against Stevie, a German national, for his
deportation as an undesirable alien. The Immigration
Commissioner directed the Special Board of Inquiry to
conduct an investigation. At the said investigation, a
lawyer from the Legal Department of the BID presented
as witnesses the three Intelligence agents who filed the
complaint. On the basis of the findings, report and
recommendation of the Board of Special Inquiry, the
BID Commissioners unanimously voted for Stevie's
110
 QuAMTO ( 1987-2021)

deportation. Stevie's lawyer questioned the A: The following are the conditions for ripeness for judicial
deportation order: (1994 BAR) review of an administrative action:

(a) On the ground that Stevie was denied due a.
process because the BID Commissioners who
rendered the decision were not the ones who
received the evidence, in violation of the "He b.
who decides must hear" rule. Is he correct?
The administrative action has already been fully
completed and, therefore, is a final agency action;
and
All administrative remedies have been exhausted.
(Gonzales, 1979)

A: NO, Stevie is not correct. As held in Adamson & Adamson, c. ADMINISTRATIVE RES JUDICATA
Inc. vs. Amores (G.R. No. L-58292, 23 July 1987),
administrative due process does not require that the actual 3. FACT-FINDING, INVESTIGATIVE, LICE NSING, AND
taking of testimony or the presentation of evidence before RATE-FIXING POWERS
the same officer who will decide the case. In American
Tobacco Co. v. Director of Patents (G.R. No. L-26803, 14 Oct.
1975), the Supreme Court has ruled that so long as the
C. DOCTRINES OF PRIMARY JURISDICTION AND
actual decision on the merits of the cases is made by the
EXHAUSTION OF ADMINISTRATIVE REMEDIES
officer authorized by law to decide, the power to hold a
(20 15, 2000, 1996 BAR)
hearing on the basis of which his decision will be made can
be delegated and is not offensive to due process. The Court
noted that as long as a party is not deprived of his right to
present his own case and submit evidence in support Q:
thereof, and the decision is supported by the evidence in the
(a) Explain the doctrine of exhaustion of
record, there is no question that the requirements of due
administrative remedies. (2000 BAR)
process and fair trial are fully met. In short, there is no
abrogation of responsibility on the part of the officer
A: The doctrine of exhaustion of administrative remedies
concerned as the actual decision remains with and is made
means that when an adequate remedy is available within
by said officer. It is, however, required that to give the
the Executive Department, a litigant must first exhaust this
substance of a hearing, which is for the purpose of making
remedy before he can resort to the courts. The purpose of
determinations upon evidence the officer who makes the
the doctrine is to enable the administrative agencies to
determinations must consider and appraise the evidence
correct themselves if they have committed an error.
which justifies them.
[Rosales v. Court ofAppeals, GR No. L-47821, 15 Sept. 1988)

(b) On the ground that there was a violation of due (b) Give at least three (3) exceptions to its
process because the complainants, the application. (2000 BAR)
prosecutor and the hearing officers were all
subordinates of the BID Commissioners who A: The following are the exceptions to the application of the
rendered the deportation decision. Is he doctrine of exhaustion of administrative remedies:
correct?
1. The question involved is purely legal;
A: NO, Stevie w as not denied due process simply be-cause 2. The administrative body is in estoppel;
the complainants, the prosecutor, and the hearing officers 3. The act complained of is patently illegal;
were all subordinates of the Commissioner of the Bureau of 4. There is an urgent need for judicial intervention;
Immigration and Depo rtation. In accordance with the ruling 5. The claim involved is small;
in Erlanger & Galinger, Inc. vs. Court of Industrial Relations, 6. Grave and irreparable injury will be suffered;
110 Phil. 470, the findings of the subordinates are not 7. There is no other plain, speedy and adequate
conclusive upon the Commissioners, who have the remedy;
discretion to accept or reject them. What is important is that 8. Strong public interest is involved;
Stevie was not deprived of his right to present his own case 9. The subject of the controversy is private law;
and submit evidence in support thereof, the decision is 10. The case involves a quo warranto proceeding
supported by substantial evidence, and the commissioners (Sunville Timber Products, Inc. v. Abad, GR No.
acted on their own independent consideration of the law 85502, 24 Feb. 1992);
and facts of the case, and did not simply accept the views of 11. The party was denied due process (Samahang
their subordinates in arriving at a decision. Magbubukid ng Kapdula, Inc. v. Court ofAppeals, GR
No. 103953,, 25 Mar. 1999);
b. ADMINISTRATIVE APPEAL AND REVIEW 12. The decision is that of a Department Secretary
(Nazareno v. Court of Appeals, G.R. No. 131641, 18
Q: Give the two (2) requisites for the judicial review of Oct. 2000);
administrative decision/actions, that is, when is an 13. Resort to administrative remedies would be futile
administrative action ripe for judicial review? (2001 (University of the Philippines Board of Regents v.
BAR) Rasul, G.R. No. 91551, 16Aug.1991);

111 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW

14. There is unreasonable delay (Republic v.
Sandiganbayan, GR No. 104768, 21 Jul. 2003);
15. The action involves recovery of phys ical
possession of public land (Gabrito v. Court of
Appeals, GR No. 77976, 24 No v. 1988);
16. The party is poor (Sabe/lo v. Department of
Education, Culture and Sports, GR No. 87687, 26 Dec.
1989); and
17. The law provides for immediate resort to the court
(Rulian v. Valdez, GR No. L-20031, 28 Nov. 1964)
Q:
(a) Distinguish the doctrine of primary jurisdiction
from the doctrine of exhaustion of
administrative remedies. (1996 BAR)
the subject circular. The DENR moves to dismiss the
case on the ground that ABC Corporation has failed to
exhaust administrative remedies which is fatal to its
cause of action.
If you were the judge, will you grant the motion?
Explain. (2015 BAR)
A: The motion to dismiss should be denied. The doctrine of
exhaustion of administrative remedies applies only to
judicial review of decisions of administrative agencies in the
exercise of their quasi-judicial power. It has no application
to their exercise of rule-making power (Holy Spirit
Homeowners Association, Inc. vs. Defensor, GR No. 163980, 03
Aug. 2006).

A: The doctrine of primary jurisdiction and the doctrine of

exhaustion of administrative remedies both deal with the
proper relationships between the courts and administrative
agencies. The doctrine of exhaustion of administrative
remedies applies where a claim is cognizable in the first
instance by an administrative agency alone. Judicial
interference is withheld until the administrative process
has been completed. As stated in Industrial Enterprises, Inc.
vs. Court of Appeals (GR No. 88550, 08 Apr. 1990) the
doctrine of primary jurisdiction applies where a case is
within the concurrent jurisdiction of the court and an
administrative agency but the determination of the case
requires the technical expertise of the administrative
agency. In such a case, although the matter is within the
jurisdiction of the court, it must yield to the jurisdiction of
the administrative cas e.

(b) Does the failure to exhaust administrative

remedies before filing a case in court oust said
court of jurisdiction to hear the case? Explain.
(1996BAR)

A: NO, the failure to exhaust administrative remedies

before filing a case in court does n ot oust the court of
jurisdiction to hear the case. As held in Rosario vs. Court of
Appeals (GR No. 89554, 10 Jul. 1992), the failure to exhaust
administrative remedies does not affect the jurisdiction of
the court but r esults in the lack of a cause of action, because
a condition precedent that must be satisfied before action
can be filed was not fulfilled.

Application

Q: The Secretary of the Department of Environment and

Natural Resources (DENR) issued Memorandum
Circular No. 123-15 prescribing the administrative
requirements for the conversion of a timber license
agreement (TLA) into an Integrated Forestry
Management Agreement (IFMA). ABC Corporation, a
holder of a TLA which is about to expire, claims that the
conditions for conversion imposed by the said circular
are unreasonable and arbitrary and a patent nullity
because it violates the non- impairment clause under
the Bill of Rights of the 1987 Constitution. ABC
Corporation goes to court seeking the nullification of

UNIVERSITY OF SANTO TOMAS 112

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
XI. ELECTION LAW
A.SUFFRAGE
1. QUALIFICATION AND DISQUALIFICATION OF
VOTERS
2. REGISTRATION AND DEACTIVATION
3. INCLUSION AND EXCLUSION PROCEEDINGS
4. LOCAL AND OVERSEAS ABSENTEE VOTING
5. DETAINEE VOTING
B. CANDIDACY
1. QUALIFICATIONS AND DISQUALIFICATIONS OF
CANDIDATES
(2019, 2018, 2015, 2013, 2005, 2001, 1999 BAR)
Q: Under the Local Government Code, name four
persons who are disqualified from running for any
elective position. (1999 BAR)
A: Under Section 40 of the Local Government Code, the
following are disqualified from running for any local
elective position:
1. Those sentenced by final judgment for an offense
involving moral turpitude or for an offense punishable by
one (1) year or more of impriso nment, within two (2) years
after serving sentence;
2. Those removed from office as a result of an
administrative case;
3. Those convicted by final judgment for violating the oath
of allegiance to the Republic of the Philippines;
4. Those with dual citizenship;
5. Fugitives from justice in criminal or nonpolitical cases
here or abroad;
6. Permanent residents in a foreign country or those who
have acquired the right to reside abroad and continue to
avail of the same right after the effectivity of the Local
Government Code; and
7. The insane or feeble-minded. (UPLC Suggested Answers)
113
Q: W, the incumbent Congressman of the Province of
Albay, decided to run for Governor. He filed his
certificate of candidacy (CoC) for Governor without
resigning from his post and continued exercising his
duties as Congressman, such as attending plenary
sessions and committee hearings in the House of
Representatives.
One of W's fiercest critics, X, claimed that W should not
be dispensing the functions of a Congressman since he
is deemed ipso facto resigned as such upon his filing of
a Coe for Governor of Albay. (2019 BAR)
(a) Is X's argument correct? Explain.
A: The argument of Xis not correct. Sec. 14 of RA 9006 (Fair
Elections Act) reads: "Sec. 14. Repealing Clause. - Secs. 67
and 85 of the Omnibus Election Code (Batas Pambansa Blg.
881) and Secs.10 and 11 of Rep ublic Act No. 6646 are hereby
repealed." Sec. 47 of BP 881, which deemed elective officials
ipso facto resigned when they file their Certificate of
Candidacy, is inoperative, and therefore W may still
continue office.
(b) Assuming that W is instead, an incumbent
Undersecretary of the Department of National
Defense, what is the effect of the filing of his Coe
for the position of Governor of Albay to said
post? Explain.
A: W would be considered ipso facto resigned. Under Sec.
66 of the Omnibus Election Code (BP 881), "any person
holding a public appointive office or position, including
active members of the Armed Forces of the Philippines, and
officers and employees in government-owned or controlled
corporations, shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy." W,
as Undersecretary of the Department of National Defense, is
an appointive official, and therefore falls under this
provision.
Q: In 1990, Agripina migrated to Canada and acquired
Canadian citizenship. In 2008, Agripina retired and
returned to the Philippines to permanently reside in
her hometown of Angeles, Pampanga. A month after
returning to the Philippines, Agripina took her oath of
allegiance and executed a sworn renunciation of her
Canadian citizenship in accordance with R.A. No. 9225.
In 2009, Agripina filed her certificate of candidacy for
Congress for the 2010 elections. Agripina's political
rivals lost no time in causing the filing of various
actions to question her candidacy. They questioned her
eligibility to run as member of Congress. Since Agripina
had to take an oath under R.A. No. 9225, it meant that
she needed to perform an act to perfect her Philippine
citizenship.
Hence, they claimed that Agripina could not be
considered a natural-born citizen. Agripina raised the
defense that, having complied with the requirements of
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R.A. No. 9225, she had reacquired, and was deemed
never to have lost, her Philippine citizenship.
Is Agripina disqualified to run for Congress for failing
to meet the citizenship requirement? (2018 BAR)
A: Agripina is eligible to run as member of Congress.
Repatriation results in the recovery of a person's original
nationality. This means that a naturalized Filipino who lost
his citizenship will be restored to his prior status as a
Filipino citizen. If she were originally a natural-born citizen
before she lost her Philippine citizenship, she would be
restored to her former status as a natural-born Filipino.
(Bengson Ill vs. HRET, C.R. No. 142840, 7 May 2001)
RA 9225 makes a distinction between those natural-born
Filipinos who became foreign citizens before and after the
effectivity of RA No. 9225. For those who were naturalized
in a foreign country, they shall be deemed to have
reacquired their Philippine citizenship which was lost
pursuant to CA 63. In the case of those who became foreign
citizens after RA 9225 took effect, they shall retain
Philippine citizenship despite having acquired foreign
citizenship, provided they take the oath of allegiance under
the new law.
Considering that petitioner was naturalized as a Canadian
citizen prior to the effectivity of RA 9225, she belongs to the
first category of natural-born Filipinos who lost their
Philippine citizenship by naturalization in a foreign
country, under the first paragraph of Section 3. As the n ew
law allows dual citizenship, she was able t o reacquire h er
Philippine citizenship by taking the required oath of
allegiance (See Bengson v. HRET and as affirmed by Poe-
Llamanzares v. COMELEC, C.R. No. 221697, 8 Ma r. 2 016),
Q: President Alfredo died during his third year in office.
In accordance with the Cons titution, Vice President
Anastasia succeeded him . President Anastasia then
nominated the late President Alfredo's Executive
Secretary, Anna Maria, as he r replacement as Vice
President. The nomination was confirmed bya majority
of all the Members of the House of Representatives and
the Senate, voting separately.
Can Anastasia run as President in the next election?
(2018 BAR)
A: YES, Anastacia ca n still run as President in the next
election since she has served for less than four years. Sec. 4,
Art. VII of the 1987 Constitution provides that 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. (UPLC Suggested Answers)
Q: Gandang Bai filed her certificate of candidacy (COC)
for municipal mayor stating that she is eligible to run
for the said position. Pasyo Maagap, who also filed his
COC for the same position, filed a petition to deny due
course or cancel Bai's COC under Section 78 of the
Omnibus Election Code for material misrepresentation
as before Bai filed her COC, she had already been
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
convicted of a crime involving moral turpitude. Hence,
she is disqualified perpetually from holding any public
office or from being elected to any public office. Before
the election, the COMELEC cancelled Bai' s COC but her
motion for reconsideration (MR) remained pending
even after the election. Bai garnered the highest
number of votes followed by Pasyo Maagap, who took
his oath as Acting Mayor. Thereafter, the COMELEC
denied Bai's MR and declared her disqualified for
running for Mayor. P. Maagap asked the Department of
Interior and Local Government Secretary to be allowed
to take his oath as permanent municipal mayor. This
request was opposed by Vice Mayor Umaasa, invoking
the rule on succession to the perm anent vacancy in the
Mayor's office. Who between Pasyo Maagap and Vice
Mayor Umaasa has the right to occupy the position of
Mayor? Explain your answer. (2015 BAR)
A: Pasyo Maagap would b e entitled to occupy the position
of Mayor upon disqualification of Gan dang Bai on the basis
of the petition to deny due course or cancel her certificate
of candidacy under the provisions of Section 78 of the
Omnibus Election Code.
The rule is that an ineligible candidate who receives the
highest number of votes is a wrongful winner. By express
legal mandate, he could not even have been a candidate in
the first place, but by virtue of the lack of material time or
any other intervening circumstances, his ineligibility might
not have been passed upon prior to election date.
Consequently, he may have had the opportunity to hold
himself out to the electorate as a legitimate and duly
qualified candidate. However, notwithstanding the
outcome of the elections, his ineligibility as a candidate
r emains unchanged. Ineligibility does not only pertain to his
qualifica tions as a candidate but necessarily affects his right
to hold public office. The number of ballots cast in his favor
cannot cure the defect of failure to qualify with the
substantive legal requirements of eligibility to run for
public office. (Maquiling v. COMELEC, GR No. 195649, 16 Apr.
2013)
Accordingly, Gan dang Bai being a non- candidat e, the votes
cast in his favor should not have been counted. This leaves
Pasyo Maagap as the qualified candidate who obtained the
highest number of votes. Therefore, the rule on s uccession
under the Local Government Code will not apply. {ibid.)
Q: Congress enacted Republic Act No. 1234 requiring all
candidates for public offices to post an election bond
equivalent to the one (1) year salary for the position for
which they are candidates. The bond shall be forfeited
if the candidates fail to obtain at least 10% of the votes
cast. Is Republic Act No. 1234 valid?
A. It is valid as the bond is a means of ensuring
fair, honest, peaceful and orderly elections.
B. It is valid as the bond requirements ensures
that only candidates with sufficient means and
who cannot be corrupted, can run for public
office.
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 QuAMTO ( 1987-2021)
C. It is invalid as the requirement effectively
imposes a property qualification to run for
public office.
D. It is invalid as the amount of the surety bond is
excessive and unconscionable.
E. It is valid because it is a reasonable
requirement; the Constitution itself expressly
supports the accountability of public officers.
(2013 BAR)
A: (C) It is invalid as the requirement effectively imposes a
property qualification to run for public office. (Marquera v.
Borra, G.R. No. L- 24761, 07 Sept.1965,).
Q: In the May 8, 1995 elections for local officials whose
terms were to commence on June 30, 1995, Ricky filed
on March 20, 1995 his certificate of candidacy for the
Office of Governor of Laguna. He won, but his
qualifications as an elected official was questioned. It is
admitted that he is a repatriated Filipino citizen and a
resident of the Province of Laguna. To be qualified for
the office to which a local official has been elected,
when at the latest should he be: (2005 BAR)
(a) A Filipino Citizen? Explain.
A: To be qualified for the office to which a local official has
been elected, it is sufficient that he is a Filipino citizen at the
time of his proclamation and at the start of his term.
Philippine citizenship is required for holding an elective
public office to ensure that no person owing allegiance to
another country shall govern our people and a unit of the
Philippine territory. An official begins to discharge his
functions only upon his proclamation and on the day his
term of office begins. (Frivaldo v. Commission on Elections,
GR No. 120295, 28 June 1996)
(b) A resident of the locality? Explain.
A: To be qualified for the office to which a local official has
been elected, he must be a resident of the locality for at least
one year immediately before the election. (Sec. 39(a), Local
Government Code)
Q: During his third term, "A", a Member of the House of
Representatives, was suspended from office for a
period of 60 days by his colleagues upon a vote of two-
thirds of all the Members of the House. In the next
succeeding election, he filed his certificate of candidacy
for the same position. "B", the opposing candidate, filed
an action for disqualification of "A" on the ground that
the latter's, candidacy violated Sec. 7, Art. VI of the
Constitution which provides that no Member of the
House of Representatives shall serve for more than
three consecutive terms. "A" answered that he was not
barred from running again for that position because his
service was interrupted by his 60-day suspension
which was involuntary. Can 'A', legally continue with his
candidacy or is he already barred? Why? (2001 BAR)
A: "A" cannot legally continue with his candidacy. He was
elected as Member of the House of Representatives for a
115
third term. This term should be included in the computation
of the term limits, even if "A" did not serve for a full term.
(Record of the Constitutional Commission, Vol. n, p. 592) He
remained a Member of the House of Representatives even if
he was suspended.
2. FILING OF CERTIFICATES OF CANDIDACY
a. EFFECT OF FILING
(2019, 2003, 2002, 1994 BAR)
Q: H, a naturalized American citizen who later became
a dual citizen under Republic Act No. 92 25 (the
Citizenship Retention and Re-acquisition Act), decided
to run for Congress and thus, filed a certificate of
candidacy (CoC). A citizen argued that H is ineligible
for the position because of his status as a dual citizen.
H responded that his act of filing a Coe amounted to his
renunciation of foreign citizenship, rendering him
eligible for the position. (2019 BAR)
(a) Was H's filing of a Coe sufficient to renounce
foreign citizenship? Explain.
A: NO, H's fil ing of a CoC is not sufficient to renounce
foreign citizenship. Section 5(3) of RA 9225 requires that
"Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to
their assumption of office: Provided, That they renounce
their oath of allegiance to the country where they took that
oath".
(b) Assuming that H is a dual citizen because his
parents are Filipino citizens and he was born
in California, USA, was filing of a Coe sufficient
to renounce his foreign citizenship? Explain.
A: NO, the filing of his CoC was not sufficient to renounce his
foreign citizenship. RA No. 9225 categorically demands
natural-born Filipinos who re-acquire their citizenship and
seek elective office, to execute a personal and sworn
renunciation of any and all foreign citizenships before an
authorized public officer prior to or simultaneous to the
filing of their certificates of candidacy, to qualify as
candidates in Philippine elections. The rule applies to all
those who have re-acquired their Filipino citizenship,
without regard as to whether they are still dual citizens or
not. (Sobejana-Condon v. Commission on Elections, G.R. No.
198742, 10Aug.10, 2012)
Q: Pedro Reyes is an incumbent Vice-Mayor of Quezon
City. He intends to run in the regular elections for the
position of City Mayor of Quezon City whose incumbent
mayor would have fully served three consecutive terms
by 2004. (2003 BAR)
1. Would Pedro Reyes have to give up his position
as Vice-Mayor:
a. Once he files his certificate of candidacy; or
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b. When the campaign period starts; or
c. Once and if he is proclaimed winner in the
election; or
d. Upon his assumption to the elective office;
or
e. None of the above.
Choose the correct answer.
A: The correct answer is (e). Section 14 of the Fair Election
Act repealed Section 67 of the Omnibus Election Code,
which provided that any elected official, whether national
or local, who runs for any office other than the one he is
holding in a permanent capacity, except for President and
Vice President, shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy.
Section 14 of the Fair Election Act likewise rendered
ineffective the first proviso in the third paragraph of Section
11 of Republic Act No. 8436.
Consequently, Pedro Reyes can run for Mayor without
giving up his position as Vice-Mayor. He will have to give up
his position as Vice-Mayor upon expiration of his term as
Vice-Mayor on June 30, 2004. (UPLC Suggested Answers)
2. If Pedro Reyes were, instead, an incumbent
Congressman of Quezon City, who intends to
seek the mayoralty post in Quezon City, would
your choice of answer in no. (1) above be the
same? If not, which would be your choice?
A: The answer is the same if Pedro Reyes is a Congressman
of Quezon City, because the repeal of Section 67 of the
Omnibus Election Code covers both elective national and
local officials. (ibid.)
Q: A, a City Legal Officer, and B, a City Vice - Mayor, filed
certificates of candidacy for the position of City Mayor
in the May 14, 2001 elections. (2002 BAR)
(a) Was A ipso facto considered resigned and, if so,
effective on w hat date?
A: A was considered ipso facto resigned upon the filing of
his certificate of candidacy, because being a City Legal
Officer, he is an appointive official. Section 66 of the Omnibus
Election Code provides that any person holding a public
appointive office shall be considered ipso facto resigned
upon the filing of his certificate of candidacy. (UPLC
Suggested Answers)
(b) Was B ipso facto considered resigned and, if so,
effective on what date? In both cases, state the
reason or reasons for your answer.
A: Bis not considered ipso facto resigned. Section 67 of the
Omnibus Election Code considers any elective official ipso
facto resigned from office upon his filing of a certificate of
candidacy for any office other than the one he is holding
except for President and Vice-President, was repealed by
the Fair Election Act. (UPLC Suggested Answers)
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2022 GOLDEN NOTES
Q: What is a "stray ballot"? (1994 BAR)
A: Under Rule No. 19 of the rules for the appreciation of
ballots in Section 211 of the Omnibus Election Code, stray
ballot is one cast in favor of a person who has not filed a
certificate of candidacy or in favor of a candidate for an
office for which he did not present himself. Although the
Code does not provide for stray ballot, it is presumed that
stray ballot refers to stray vote. (UPLC Suggested Answers)
b. SUBSTITUTION AND WITHDRAWAL OF CANDIDATES
c. NUISANCE CANDIDATES
d. DUTIES OF THE COMELEC
C. CAMPAIGN
1. PREMATURE CAMPAIGNING
Q: Mayor Pink is eyeing re-election in the next
mayoralty race. It was common knowledge in the town
that Mayor Pink will run for re-election in the coming
ele ctions. The deadline for filing of Certificate of
Candidacy (CoC) is on March 23 and the campaign
period commences the following day. One month
before the deadline, Pink has yet to file her CoC, but she
has be en going around town giving away sacks of rice
with the words "Mahal Tayo ni Mayor Pink" printed on
them, holding public gatherings and speaking about
how good the town is doing, giving away pink t-shirts
w ith "Kay Mayor Pink Ako" printed on them. Mr. Green
is the political opponent of Mayor Pink. In April,
noticing that Mayor Pink had gained advantage over
him because of her activities before the campaign
period, he filed a petition to disqualify Mayor Pink for
engaging in an election campaign outside the
designated period. (2012 BAR)
(a) Which is the correct body to rule on the matter?
Comelec en bane, or Comelec division? Answer
with reasons.
A: It is the Commission on Elections En Banc which should
decide the petition. Since it involves the exercise of the
administrative powers of the Commission on Election,
Section 3, Article Ix-C of the Cons titution is not applicable.
(Bayton V. COMELEC, 396 SCRA 703, 04 Feb. 2003)
(b) Rule on the petition.
A: The petition should be denied. Under Section 80 Of the
Omnibus Election Code, to be liable for premature
campaigning, he must be a candidate a nd unless he filed his
CoC, he is not a candidate. (Lanot Vs. Commission On
Elections, 507 SCRA 114. 16 Nov. 2 006)
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 QuAMTO ( 1987-2021)
2. PROHIBITED CONTRIBUTIONS
3. LAWFUL AND PROHIBITED ELECTION PROPAGANDA
Q: Discuss the disputable presumptions: (1991 BAR)
(a) of conspiracy to bribe voters;
A: Under Sec. 28 of the Electoral Reforms Law, proof that at
least one voter in different precincts representing at least
twenty per cent (20%) of the total precincts in any
municipality, city or province was offered, promised or
given money, valuable consideration or other expenditure
by the relatives, leader or sympathizer of a candidate for the
purpose of promoting the candidacy of such candidate,
gives rise to a disputable presumption of conspiracy to
bribe voters. (UPLC Suggested Answers)
(b) of the involvement of a candidate and of his
principal campaign managers in such
conspiracy.
A: Under Sec. 28, if the proof affects at least 20% of the
precincts of the municipality, city or province to which the
public office aspired for by the favored candidate relates,
this shall constitute a disputable presumption of the
involvement of the candidate and of his principal campaign
managers in each of the municipalities concerned, in the
conspiracy. (ibid.)
4. LIMITATIONS ON EXPENSES
5. STATEMENT OF CONTRIBUTIONS AND EXPENSES
D. REMEDIES AND JURISDICTION
1. PETITION NOT TO GIVE DUE COURSE OR CANCEL A
CERTIFICATE OF CANDIDACY
(2010, 2016, 2018 BAR)
Q: Two petitions for the cancellation of Certificate of
Candidacy (CoC)/Denial of Due Course were filed with
the Comelec against two candidates running as
municipal mayors of different towns.
The first petition was against Anselmo. Years ago,
Anselmo was charged and convicted of the crime of
rape by final judgment, and was sentenced to suffer the
principal penalty of reclusion perpetua which carried
the accessory penalty of perpetual absolute
disqualification. While Anselmo was in prison, the
President commuted his sentence and he was
discharged from prison.
The second petition was against Ambrosio. Ambrosio's
residency was questioned because he was allegedly a
"green card holder," i.e., a permanent resident of the
117
US, as evidenced by a certification to this effect from the
US Embassy.
Acting on the recommendations of its Law Department,
the Comelec en bane motu proprio issued two
resolutions granting the petitions against Anselmo and
Ambrosio.
Both Anselmo and Ambrosio filed separate petitions
with the Supreme Court assailing the resolutions
cancelling their respective CoCs. Both claimed that the
Comelec en bane acted with grave abuse of discretion
amounting to lack or excess of jurisdiction because the
petitions should have first been heard and resolved by
one of the Comelec's Divisions.
Are Anselmo and Ambrosio correct? (2018 BAR)
A: Anselmo is inco rrect. The rule is every quasi-judicial
matter must first be tackled by a division subject to appeal
by way of a Motion fo r Reconsideration to the COMELEC en
bane. In]a losjos v. COMELEC (G.R. No. 205033, 18 Jun. 2013),
it was determined that a cancellation on the basis of
perpetual disqualifi cation is a matter that can be taken
judicial notice of. When it cancels A CoC on that ground, it is
acting in performance of an administrative function and,
therefo re, the rule in Sec. 3, Art. XI does not apply.
Ambrosio, on the other hand, is correct that the petition for
the cancellation of his CoC should have been first heard and
resolved by the Comelec Division. Cancellation proceedings
involve the COMELEC's quasi-judicial functions. The
Constitution mandates the COMELEC, in the exercise of its
adjudicatory or quasi-judicial powers, to hear and decide
cases, firs t by division, and upon motion for
reconsideration, by the COMELEC en bane. [Bautista v.
COMELEC, G.R. Nos. 154796-97, 23 Oct. 2003)
Q: Onofre, a natural born Filipino citizen, arrived in the
United States in 1985. In 1990, he married Salvacion, a
Mexican, and together they applied for and obtained
American citizenship in 2001. In 2015, the couple and
their children, Alfred, 21 years of age, Robert, 16, and
Marie, 14, who were all born in the U.S. returned to the
Philippines on June 1, 2015. On June 15, 2015,
informed that he could reacquire Philippine
citizenship without losing his American citizenship,
Onofre went home to the Philippines and took the oath
of allegiance prescribed under R.A. No. 9225.
Before the May 9, 2016 elections, Profundo's lawyer
filed a Petition to Deny Due Course or to Cancel the
Certificate of Candidacy against Onofre. What grounds
can he raise in his Petition to support it? Explain your
answer. (2016 BAR)
A: The lawyer of Congressman Profundo can ask for the
cancellation of the certificate of candidacy on the ground
that he did not execute an affidavit renouncing his
American citizenship as required by Sec. 5(2) of R.A. No.
9225 and he lacked one-year residence in the Philippines
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as required in by Sec. 6, Art. VI of the Constitution. (UPLC
Suggested Answers)
Q: Despite lingering questions about his Filipino
citizenship and his one-year residence in the district,
Gabriel filed his certificate of candidacy for
congressman before the deadline set by Jaw. His
opponent, Vito, hires you as lawyer to contest Gabriel's
candidacy. (2010 BAR)
(a) Before election day, what action or actions will
you institute against Gabriel, and before which
court, commission or tribunal will you file such
action/s? Reasons.
A: 1 will file a petition to cancel the certificate of candidacy
of Gabriel in the Commission on Elections because of the
false material representation that he is qualified to run for
congressman (Section 78 of the Omnibus Election Code;574
SCRA 787 [2008]). The question of the disqualification of
Gabriel cannot be raised before the House of
Representatives Electoral Tribunal because he is not yet a
member of the House of Representatives. (Aquino v.
COMELEC, GR No. 120265, 08 Sept. 1995)
(b) If, during the pendency of such action / s but
before election day, Gabriel withdraws his
certificate of candidacy, can he be substituted
as candidate? If so, by whom and why? If not,
why not?
A: If Gabriel withdraws, he may be substituted by a
candidate nominated by his political party. Sec. 77 of the
Omnibus Election Code states: "If after the last day for the
filing of certificates of candidacy, an official candidate of a
regist ered or accredited political par ty dies, withdraws or
is disqualified for any cause, only a person bel onging to, and
certified by, the same political party may file a certificate of
candidacy to replace the candidate who died, withdrew or
was disqualified."
ALTERNATIVE ANSWER:
NO. When the candidate who withdraws is an independent
candidate, he cannot be substituted. Under the Jaw, if after
the last day for the filing of certificates of candidacy, an
official candidate of a registered or accredited political
party dies, withdraws or is disqualified for any cause, only
a person belonging to, and certified by the same political
party may file a certificate of candidacy to replace the
candidate who dies, withdrew or was disqualified not lat er
than mid-day of the day of the election. (Sec. 76, Omnibus
Election Code)
Since there is no showing in the present case that Gabriel is
a member of a registered political party, in no moment
could he be substituted if he withdraws his COC. (UPLC
Suggested Answers)
(c) If the action/s instituted should be dismissed
with finality before the election, and Gabriel
assumes office after being proclaimed the
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
winner in the election, can the issue of his
candidacy and/or citizenship and residence
still be questioned? If so, what action or actions
may be filed and where? If not, why not?
A: The question of the citizenship and residence of Gabriel
can be questioned in the House of Representatives Electoral
Tribunal by filing a quo warranto case. Since it is within its
jurisdiction to decide the question of the qualification of
Gabriel, the decision of the Commission on Elections does
not constitute res judicata (]alandoni v. Crespo, HRET Case
No. 01- 020, 06 Mar. 2003). Once a candidate for member of
the House of Representatives has been proclaimed, the
House of Representatives Electoral Tr ibunal acquires
jurisdiction over election contests relating to his
qualifications. (Guerrero v COMELEC, C. R. No. 137004, 26 July
2000)
2. PETITION FOR DISQUALIFICATION
(2015, 2005, 2001 BAR)
Q: How do you differentiate the petition filed under
Section 68 from the petition filed under Section 78,
both of the Omnibus Election Code? (2015 BAR)
A: A certificate of candidacy which is denied or cancelled
und er Section 78 of th e Omnibus Election Code would make
said certificate of candidacy void ab initio (which would
preclude the application of the rules on succession for
purposes of replacing him upon his disqualification
because, up to that point of his disqualification, he shall be
considered merely as a de facto officer), unlike in the case
of disqualification under Section 68 of Omnibus Election
Code, which would give rise to the de jure officership of the
disqualified candidate up to the point of disqualification.
The other basic distinctions between petitions for
disqualification of candidates and petitions to reject or
cancel certificates of candidacy are follows- Under Section
68 ofOEC, a candidate may be disqualified ifhe commits any
of the election offenses or "prohibited acts" specified
therein, of if he is permanent resident of or an immigrant to
a foreign country. On the other hand, under Section 78 of
the same law, a certificate of candidacy may be denied due
course or cancelled if found to be containing material
representations which are false and deliberately made.
These would include misrepresentations as to age,
residence, citizenship or non-possession of natural-born
status, registration as a votes, an d eligibility, as when one,
although precluded from running for a fourth term because
of the three-term limit rule, claims to be nonetheless
qualified, or when one claims to be eligible despite his
disqualification on the bases of an accessory penalty
imposed upon him in connection with his conviction in a
criminal case.
A petition for dis qualification under Section 68 may be filed
at any time after the last day for filing of the certificate of
candidacy but not lat er that the candidate's proclamation
should he win in the elections, while a petition to deny due
course to or cancel a certificate of candidacy under Section
78 must be filed within 5 days prior to the last day for filing
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 QuAMTO ( 1987-2021)
of certificates of candidacy, but not later than 25 days from
the time of the filing of the certificate of candidacy.
While a person who is disqualified under Section 68 is
merely prohibited to continue as a candidate, the person
whose certificate is cancelled or denied due course under
Section 78 is not treated as candidate at all. Thus, a
candidate disqualified under Section 68 may be validly
substituted but only by an official candidate of his
registered or accredited party. (UPLC Suggested Answers)
Q: Manuel was elected Mayor of the Municipality of
Tuba in the elections of 1992, 1995 and 1998. He fully
served his first two terms, and during his third term,
the municipality was converted into the component
City of Tuba. The said charter provided for a holdover
and so without interregnum Manuel went on to serve as
the Mayor of the City of Tuba.
In the 2001 elections, Manuel filed his certificate of
candidacy for City Mayor. He disclosed, though, that he
had already served for three consecutive terms as
elected Mayor when Tuba was still a municipality. He
also stated in his certificate of candidacy that he is
running for the position of Mayor for the first time now
that Tuba is a city. Reyes, an adversary, ran against
Manuel and petitioned that he be disqualified because
he had already served for three consecutive terms as
Mayor. The petition was not timely acted upon, and
Manuel was proclaimed the winner with 20,000 votes
over the 10,000 votes received by Reyes as the only
other candidate. It was only after Manuel took his oath
and assumed office that the COMELEC ruled that he was
disqualified for having ran and served for three
consecutive terms. (2005 BAR)
(a) As lawyer of Manuel, present the possible
arguments to prevent his disqualification and
removal.
A: As lawyer of Manuel, I would argue that he should not be
disqualified and removed because he was a three-term
mayor of the municipality of Tuba, and, with its conversion
to a component city, the latter has a totally separate and
different corporate personality from that of the
municipality. Mo reover, as a rule, in a representative
democracy, the people should be allowed freely to choose
those who will govern them. Having won the elections, the
choice of the people should be respected.
(b) How would you rule on whether or not Manuel
is eligible to run as Mayor of the newly-created
City of Tuba immediately after having already
served for three (3) consecutive terms as Mayor
of the Municipality of Tuba?
A: Manuel is not eligible to run as mayor of the city of Tuba.
The 1987 Constitution specifically included an exception to
the people's freedom to choose those who will govern them
in order to avoid the evil of a single person accumulating
excessive power over a particular territorial jurisdiction as
a result of a prolonged stay in the same office. To allow
119
Manuel to vie for the position of city mayor after having
served for three consecutive terms as a municipal mayor
would obviously defeat the very intent of the framers when
they wrote this exception. Should he be allowed another
three consecutive terms as mayor of the City of Tuba,
Manuel would then be possibly holding office as chief
executive over the same territorial jurisdiction and
inhabitants for a total of eighteen consecutive years. This is
the very scenario sought to be avoided by the Constitution,
if not abhorred by it. [Latasa v. COMELEC, G.R. No. 154829,
10 Dec. 2003)
(c) Assuming that Manuel is no t an eligible
candidate, rebut Reyes' claim that he should be
proclaimed as winner having received the next
higher number of votes.
A: Reyes cannot be proclaimed winner for receiving the
second highest number of votes. The Supreme Court has
consistently ruled that the fact that a plurality or a majority
of the votes are cast fo r an ineligible candidate at a popular
election, or that a candidate is later declared to be
disqualified to hold office, does not entitle the candidate
who garnered the second highest number of votes to be
declared elected. The same merely results in making the
winning candidate's election a nullity. In the present case,
10,000 votes were cast for private respondent Reyes as
against the 20,000 votes cast for petitioner Manuel. The
second placer is obviously not the choice of the people in
this particular election. The permanent vacancy in the
contested office should be filled by succession. [Labo v.
COMELEC, G.R. No. 105111, 03]uly 1992)
ALTERNATIVE ANSWER:
Reyes could not be proclaimed as winner because he did not
win the election. To allow the defeated candidate to take
over the mayoralty despite his rejection by the electorate is
to disenfranchise the electorate without any fault on their
part and to undermine the importance and meaning of
democracy and the people's right to elect officials of their
choice [Benito v. COMELEC, G.R. No. 106053, 19 Jan. 2001).
Q: During his third term, "A", a Member of the House of
Representatives, was suspended from office for a
period of 60 days by his colleagues upon a vote of two-
thirds of all the Members of the House. In the next
succeeding election, he filed his certificate of candidacy
for the same position. "B", the opposing candidate, filed
an action for disqualification of "A" on the ground that
the latter's, candidacy violated Section 7, Article VI of
the Constitution which provides that no Member of the
House of Representatives shall serve for more than
three consecutive terms. "A" answered that he was not
barred from running again for that position because his
service was interrupted by his 60-day suspension
which was involuntary. Can 'A', legally continue with his
candidacy or is he already barred? Why? (2001 BAR)
A: A cannot legally continue with his candidacy. He was
elected as Member of the House of Representatives for a
third term. This term should be included in the computation
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
of the term limits, even if "A" did not serve for a full term.
(Record of the Constitutional Commission, Vol. n, p. 592,) He
remained a Member of the House of Representatives even if
he was suspended.
Q: In the May 1992 elections, Manuel Manalo and
Segundo Parate were elected as Mayor and Vice Mayor,
respectively. Upon the death of Manalo as incumbent
municipal mayor, Vice Mayor Segundo Parate
succeeded as mayor and served for the remaining
portion of the term of office. In the May 1995 election,
Segundo Parate ran for and won as mayor and then
served for the full term. In the May 1998 elections,
Parate ran for reelection as Mayor and won again. In the
May 2001 election, Segundo Parate filed his certificate
of candidacy for the same position of mayor, but his
rival mayoralty candidate sought his disqualification
alleging violation of the three-term limit for local
elective officials provided for in the Constitution and in
the Local Government Code. Decide whether the
disqualification case will prosper or not. (2001 BAR)
A: The disqualification case should be dismissed. As held in
Borja v. COMELEC (C.R. No. 133495, 03 Sept 1998) in
computing the three-term limitation imposed upon elective
local officials, only the term for which he was elected to
should be considered. The term which he served as a result
of succession should not be included. It is not enough that
the official has s erved three consecutive terms. He must
have been elected to the same position three consecutive
times. (UPLC Suggested Answers)
3. FAILURE OF ELECTION VERSUS ANNULMENT OF
ELECTION RESULTS
------------------------ 1
4. PRE-PROCLAMATION CONTROVERSY
(2008, 1996 BAR)
Q: The 1st Legislative District of South Cotabato is
composed of General Santos and three municipalities
including Polomolok. During the canvassing
proceedings before the District Board of Canvassers in
connection with the 2007 congressional elections,
candidate MP objected to the certificate of canvass for
Polomolok on the ground that it was obviously
manufactured, submitting as evidence the affidavit of a
mayoralty candidate of Polomok. The certificate of
canvass for General Santos was likewise objected to by
MP on the basis of the confirmed report of the local
NAMFREL that 10 election returns from non-existent
precincts were included in the certificate. MP moved
that the certificate of canvass for General Santos be
corrected to exclude the results from the non-existent
precincts. The District Board of Canvassers denied both
objections and ruled to include the certificate of
canvass. May MP appeal the rulings to the COMELEC?
Explain. (2008 BAR)
A: NO. MP cannot appeal the rulings t o the Commission on
Elections. Under Section 15 of Republic Act No. 7166, as
amended by Republic Act No. 9369, no pre-proclamation
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
controversies regarding the appreciation of election
returns and certificates of canvass maybe entertained in
elections for members of the House of Representatives. The
canvassing body may correct manifest errors in the
certificate of canvass. His recourse is to file a regular
election protest before the HRET. (Pimentel v. COMELEC,
548 SCRA 169, 13 Mar. 2008)
Q: Give three issues that can be properly raised and
brought in a pre-proclamation contest. (1996 BAR)
A: According to Sec. 243 of the Omnibus Election Code, the
following issues can be properly raised:
a. The composition or proceedings of the board of
canvassers are illegal;
b. The canvassed election returns are incomplete,
contain material defects, approved to be tampered
with, or con tain discrepancy in the same returns or
in other authenticated copies;
c. The election r eturns were prepared under duress,
threats, coercion, or intimidation, or they are
obviously manufactured or not authentic; and
d. Substitute or fraudulent returns in controverter
polling places were canvassed, the results of which
materially affected the standing of the aggrieved
candidate or candidates.
How ever, according to Sec. 15 of the Synchronized Election
Law, no pre- proclamation cases shall be allowed on matters
relating to the preparation, transmission, receipt, custody
and appreciation of the election returns or the certificates
of canvass with respect to the positions of President, Vice-
President, Senator and Member of the House of
Representatives. No pre-proclamation case is allowed in the
case of barangay elections. (UPLC Suggested Answers)
5. ELECTION PROTEST
(2019, 2009, 2008, 2006, 2003, 2001, 1996 BAR)
Q: Atty.Gran for Governor of the Province of Pampanga,
while his close friend, Atty. M, ran for Mayor of the
Municipality of Guagua, Pampanga. They both won
convincingly. Eventually, the losing candidates timely
filed election protests. The losing gubernatorial
candidate, Mr. A, filed his protest before the Regional
Trial Court of Pampanga (RTC), whereas the losing
mayoralty candidate, Mr. B, filed his protest before the
Municipal Trial Court of Guagua, Pampanga (MTC).
(2019 BAR)
(a) Does the RTC have jurisdiction over the case
filed by Mr. A? Explain.
A: The RTC does not have jurisdiction over the case filed by
Mr. A. COMELEC has jurisdiction over an election contest
between a losing gubernatorial candidate and a proclaimed
winner of the gubernatorial p ost. (Sec. 2 (2), Art. IX-C, 1987
Constitution)
(b) Does the MTC have jurisdiction over the case
filed by Mr. B? Explain.
120
 QuAMTO ( 1987-2021)
A: The MTC does not have jurisdiction over the case filed by
Mr. B. The RTC has jurisdiction over an election contest
between a losing municipal mayoralty candidate and a
proclaimed municipal mayor. (Sec. 2 (2), Art. IX-C, 1987
Constitution)
Q: As counsel for the protestant, where will you file an
election protest involving a contested elective position
in: (2009, 1996 BAR)
a. the barangay?
b. the municipality?
c. the province?
d. the city?
e. The House of Representatives?
A: In accordance with Sec. 2(2), Art. IX-C of the Constitution
an election protest involving the elective position
enumerated should be filed in the following courts or
tribunals:
a. Barangay - Metropolitan Trial Court, Municipal
Circuit Trial Court, or Municipal Trial Court
b. Municipality - Regional Trial Court
c. Province - COMELEC
d. City -COMELEC
e. House of Representatives - Under Sec. 17. Art. VI
of the Constitution, an election protest involving the
position of Member of the House of
Representatives shall be filed in the House of
Representatives Electoral Tribunal. (UPLC
Suggested Answers)
Q: Abdul ran and won in the May 2001, 2004 and 2007
elections for Vice-Governor of Tawi-Tawi. After being
proclaimed Vice- Governor in the 2004 elections, his
opponent, Khalil, filed an election protest before the
Commission on Election. Ruling with finality on the
protest, the COMELEC declared Khalil as the duly
elected Vice- Governor though the decision was
promulgated only in 2007, when Abdul had fully served
his 2004-2007 term and was in fact already on his
2007-2010 term as Vice Governor. (2008 BAR)
(a) Abdul now consults you if he can still run for
Vice-Governor ofTawi-Tawi in the forthcoming
May 2010 election on the premise that he could
not be considered as having served as Vice-
Governor from 2004-2007 because he was not
duly elected to the post, as he assumed office
merely as a presumptive winner and that
presumption was later overturned when
COMELEC decided with finality that had lost in
the May 2004 elections. What will be your
advice?
A: I shall advice Abdul that he cannot run for Vice-Governor
of Tawi-Tawi in the May 2010 elections. His second term
should be counted as a full term served in contemplation of
the three- term limit prescribed by Section 8, Article X of the
Constitution. Since the election protest against him was
121
decided after the term of the contested office had expire, it
had no practical and legal use and value. (Ong v. Alegre, GR
No. 163295, 23 Jan. 2006)
(b) Abdul also consults you whether his political
party can validly nominate his wife as
substitute candidate for Vice- Mayor of Tawi-
Tawi in May 2010 elections in case the
COMELEC disqualifies him and denies due
course to or cancels his certificate of candidacy
in view of a false material representation
therein. What will be your advice?
A: I shall advise Abdul that his wife cannot be nominated as
substitute candidate for Vice- Governor of Tawi-Tawi. The
denial of due course and cancellation of a certificate of
candidacy is not one of the cases in which a candidate may
be validly substituted. A cancelled certificate does not give
rise to a valid candidacy. Under Section 77 of the Omnibus
Election Code, a valid candidacy is an indispensable
requisite in case of a substitution of a disqualified
candidate. (Miranda v. Abaya, GR No. 136351, 28 Jul. 1999)
Q: Under the Omnibus Election Code (B.P. 881, as
amended), briefly differentiate an election protest
from a quo warranto case, as to who can file the case
and the respective grounds therefor. (2006, 2001 BAR)
A: An election protest may be filed by a losing candidate for
the same office for which the winner filed his certificate of
candidacy. A quo warranto may be filed by any voter who is
a registered voter in the constituency where the winning
candidate sought t o be disqualified ran for office.
In an election contest, the issues are: (a) who received the
majority or plurality of the votes which were legally cast
and (b) whether there were irregularities in the conduct of
the election which affected its results.
In a quo warranto case, the issue is whether the candidate
who was proclaimed elected should be disqualified because
of ineligibility or disloyalty to the Philippines. (UPLC
Suggested Answers)
Q: In the municipal mayoralty elections in 1980, the
candidate who obtained the highest number of votes
was subsequently declared to be disqualified as a
candidate and so ineligible for the office to which he
was elected. Would this fact entitle a competing
candidate who obtained the second highest number of
votes to ask and be proclaimed the winner of the
elective office? Reasons. (2003 BAR)
A: According to Trinidad v. COMELEC, (GR No. 135716, 23
Sept. 1999) if the candidate who obtained the highest
number of votes is disqualified, the candidate who obtained
the second highest number of votes cannot be proclaimed
the winner. Since he was not the choice of the people, he
cannot claim any right to the office.
However, the alleged "second-placer," should be
proclaimed if the certificate of candidacy was void ab initio.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
In short, the winner was never a candidate at all and all
votes were stray votes. Thus, the second-placer is the only
qualified candidate who actually garnered the highest
number of votes. (Tea v. COMELEC, G.Fl No. 195229, 09 Oct.
2012)
Q: In an election protest involving the position of
Governor of the Province of Laguna between "A", the
protestee, and "B" the protestant, the First Division of
the Commission on Elections rendered a decision
upholding B's protest. Can "A" file a petition for
certiorari with the Supreme Court under Rule 65 of the
Rules of Court, from the decision of the COMELEC First
Division? If yes, Why? If not what procedural step must
he undertake first? (2001 BAR)
A: "A" cannot file a petition for certiorari with the Supreme
Court. As held in Mastura vs. Commission on Elections (C.R.
No.124521,29 Jan. 1998), the Supreme Court cannot review
the decisions or resolutions ofa division of the Commission
on Elections. "A" should first file a motion for
reconsideration with the Commission on Elections en bane.
I 6. QUO WARRANTO
Q: Distinguish briefly between Quo Warranto in
elective office and Quo Warranto in appointive office.
(2012 BAR)
A: In quo warranto in elective officer, the issue is the
ineligibility of the elected candidate (Section 3(E), Rule 1,
Rules of Procedure in Election Cases). If he is ineligible, the
candidate who got the second highest number of votes
cannot be proclaimed elected {Sinsuat v. COMELEC, GR No.
169106, 23 Jun. 2006). A voter may fil e for quo warranto
against an elected ca ndidate. The petition s hould be filed
within ten days after the proclamation of the elected
candidate.
In quo warranto in appointive office, the issue is the legality
of the appointment. The court will decide who between the
parties has the legal title to the office. (Nachura, 2014) It is
the Solicitor General, a public prosecutor, or a person
claiming to be entitled to the public office who can file a
petition for quo warrat o against an appointive official. {Secs.
2 And 5, Rule 65 of the Rules ofCourt) The petition should be
filed within one year after the cause of action accrued. (Sec.
11, Rules 66 of the Rules of Court)
UNIVERSITY OF S A NTO TOMAS
20 2 2 GOLD EN NOTES
XII. LOCAL GOVERNMENTS
A. PRINCIPLES OF LOCAL AUTONOMY
B. AUTONOMOUS REGIONS AND THEIR RELATION TO
THE NATIONAL GOVERNMENT
C. LOCAL GOVERNMENT UNITS
1. POW ERS
a. POLICE POWER (GENERAL WELFARE CLAUSE)
(2010, 2004, 2003 BAR)
I Q: ABC operates an industrial waste processing plant
w ithln Laoag City. Occasionally, whenever fluid
substances are released through a nearby creek,
obnoxious odor is emitted causing dizziness among
residents in Barangay La Paz. On complaint of the
Punong Barangay, the City Mayor II wrote ABC
demanding that it abate the nuisance. This was ignored.
An invitation to attend a hearing called by the
Sangguniang Panlungsod was also declined by the
president of ABC. The city government thereupon
issued a cease and desist order to stop the operations
of the plant, prompting ABC to file a petition for
injunction before the Regional Trial. Court, arguing that
the city government did not have any power to abate
the alleged nuisance. Decide with reasons. (2010 BAR)
A: The city government has n o power to stop tile operations
of the plant. Since its operations is not a nuisance per se, the
city government cannot abate it extra judicially. A suit must
be filed in court. (ACEnterprises, Inc. v. Frabelle Properties
Corporation, C.R. No.166744, 02 Nov. 2006)
Q: The Sangguniang Panlungsod of Pasay City passed an
ordinance requiring all disco pub owners to have all
their hospitality girls tested for the AIDS virus. Both
disco pub owners and the hospitality girls assailed the
validity of the ordinance for being violative of their
constitutional rights to privacy and to freely choose a
calling or business. Is the ordinance valid? Explain.
(2010 BAR)
A: The ordinance is a valid exercise of police power. The
right to privacy yields to certain paramount rights of th e
public and defers to the exercise of police power. Th e
ordinance is not prohibiting the disco p ub owners and the
hospitality girls from pursuing their calling or business but
is merely regulating it (Social Justice Society v. Dangerous
122
 QuAMTO ( 1987-2021)
Drugs Board, GR No. 157870, 03 Nov. 2008) The ordinance is
a valid exercise of police power, because its purpose is to
safeguard public health. [Beltran vs. Secretary of Health, GR
No. 133640 25 Nov. 2005)
Q: The City of San Rafael passed an ordinance
authorizing the City Mayor, assisted by the police, to
remove all advertising signs displayed or exposed to
public view in the main city street, for being offensive
to sight or otherwise a nuisance. AM, whose advertising
agency owns and rents out many of the billboards
ordered removed by the City Mayor, claims that the City
should pay for the destroyed billboards at their current
market value since the City has appropriated them for
the public purpose of city beautification. The Mayor
refuses to pay, so AM is suing the City and the Mayor for
damages arising from the taking of his properly without
due process nor just compensation. Will AM's suit
prosper? Reason briefly. (2004 BAR)
A: The suit of AM will not prosper. The removal of the
billboards is not an exercise of the power of eminent
domain but of police power (Churchill v. Rafferty, GR No. L-
10572, 21 Dec. 1915). The abatement of a nuisance in the
exercise of police power does not constitute taking of
property and does not entitle the owner of the property
involved to compensation (Association of Small Landowners
in the Philippines, Inc. v. Secretary of Agrarian Reform GR
No. 78742, 14Jul.1989).
Q:
(a) Can a Barangay Assembly exercise any police
power? (2003 BAR)
A: NO. The Barangay Assembly cannot exercise any police
power. Under Section 398 ofthe Local Government Code, it
can only recommend to the Sangguniang Barangay the
adoption of measures fo r the welfare of the barangay and
decide on the adoption of an initiative.
(b) Can the Liga ng mga Barangay exercise
legislative powers? (2003 BAR)
A: The Liga ng Mga Barangay cannot exercise legislative
powers. As stated in Bito-Onon v. Fernandez (GR No. 139813,
31 Jan. 2001), it is not a local government unit and its
primary purpose is to determine representation of the liga
in the sanggunians; to ventilate, articulate, and crystallize
issues affecting barangay government administration; and
to secure solutions for them through proper and legal
means.
b. EMINENT DOMAIN
(2009, 2005 BAR)
Q: The Municipality of Bulalakaw, Leyte, passed
Ordinance No. 1234, authorizing the expropriation of
two parcels of land situated in the poblacion as the site
of a freedom park, and appropriating the funds needed
therefor. Upon review, the Sangguniang Panlalawigan
of Leyte disapproved the ordinance because the
123
municipality has an existing freedom park which,
though smaller in size, is still suitable for the purpose,
and to pursue expropriation would be needless
expenditure of the people's money. Is the disapproval
of the ordinance correct? Explain your answer. (2009
BAR)
A: The disapproval of the ordinance is not correct. Under
Section 56(c) of the Local Government Code, the Sangguniang
Panlalawigan of Leyte can declare the ordinance invalid
only if it is beyond the power of the Sangguniang Bayan of
Bulalakaw. In the instant case, the ordinance is well within
the power of the Sangguniang Bayan. The disapproval of the
ordinance by the Sangguniang Panlalawigan of Leyte was
outside its authority having been done on a matter
pertaining to the wisdom of the ordinance which pertains
to the Sangguniang Bayan. [Maday v. Court of Appeals, G.R.
No. 107916, 20 Feb. 1997)
Q: The Sangguniang Bayan of the Municipality of Santa,
Ilocos Sur passed Resolution No. 1 authorizing its
Mayor to initiate a petition for the expropriation of a
lot owned by Christina as site for its municipal sports
center. This was approved by the Mayor. However, the
Sangguniang Panlalawigan of Ilocos Sur disapproved
the Resolution as there might still be other available
lots in Santa for a sports center. Nonetheless, the
Municipality of Santa, through its Mayor, filed a
complaint for eminent domain. Christina opposed this
on the following grounds: (2005 BAR)
(a) the Municipality of Santa has no power to
expropriate;
A: The Municipality of Santa has the power to expropriate.
Section 19 of the Local Government Code grants all local
government units the power of eminent domain. However,
Section 19 of the Local Government Code requires an
ordinance, not a resolution, for the exercise of the power of
eminent domain. [Heirs of Alberto Suguitan v. City of
Mandaluyong, G.R. No. 135087, 14 Mar. 2000)
(b) Resolution No. 1 has been voided since the
Sangguniang Panlalawigan disapproved it for
being arbitrary; and
A: The disapproval of Resolution No. 1 by the Sangguniang
Panlalawigan of Ilocos Sur on the ground that there may be
other lots available in Santa is not a valid ground, because
it can disapprove Resolution No. 1 solely on the ground that
it is beyond the power of the Sangguniang Bayan of Santa.
[Maday v. Court ofAppeals, G.R. No. 107916, 20 Feb. 1997)
( c) the Municipality of Santa has other and better
lots for that purpose. Resolve the case with
reasons.
A: If there are other lots that are better and more
appropriate for the municipal sports center, the lot owned
by Christina should not be expropriated. Its choice is
arbitrary. [Municipality of Meycauayan v. /AC, G.R. No.
7212~29Jan.1988)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
c. TAXING POWER
Q: Under the Constitution, what are the three main
sources of revenues of local government units? (1999
BAR)
A: The following are the main sources of revenues of local
government units under the constitution:
a. Taxes, fees, and charges. (Sec. 5, Art. X, 1987 Constitution)
b. Share in the national taxes. (Sec. 6, Art. X, 1987
Constitution)
c. Share in the proceeds of the utilizations and development
of the national wealth within their areas. (Sec. 7, Art. X, 1987
Constitution)
d. CLOSURE AND OPENING OF ROADS
e. LEGISLATIVE POWER
i. REQUISITES FOR VALID ORDINANCE
(2009, 2003, 1998, 1996 BAR)
Q: The Municipality of Bulalakaw, Leyte, passed
Ordinance No. 1234, authorizing the expropriation of
two parcels of land situated in the poblacion as the site
of a freedom park, and appropriating the funds needed
therefor. Upon review, the Sangguniang Panlalawigan
of Leyte disapproved the ordinance because t he
municipality has an existing freedom park w h ich,
though smaller in size, is still suitable for the purpose,
and to pursue expropriation would be needless
expenditure of the people's money. Is the disapproval
of the ordinance correct? Explain your answer. (2009
BAR)
A: The disapproval of the ordinance is not correct. Under
Section 56(c) (Local Government Code), the Sangguniang
Panlalawigan of Leyte can declare the ordinance invalid
only if it is beyond the power of the Sangguniang Bayan of
Bulalakaw. In the instant case, the ordinance is well within
the power of the Sangguniang Bayan. The disapproval of the
ordinance by the Sangguniang Panlalawigan of Leyte was
outside its authority having been done on a matter
pertaining to the wisdom of the ordinance which pertains
to the Sangguiniang Bayan (Maday v. Court of Appeals, GR
No. 107916, 20 Feb. 1997).
Q: An aggrieved resident of the City of Manila filed
mandamus proceedings against the city mayor and the
city engineer to compel these officials to remove the
market stalls from certain city streets which they had
designated as flea markets. Portions of the said city
streets were leased or licensed by the respondent
officials to market stallholders by virtue of a city
ordinance. Decide the dispute. (2003 BAR)
A: The petition should be granted. In accordance with
Macasiano v. Diokno (GR No. 97764, 10 Aug. 1992), since
public streets are properties for public us e and are outside
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
the commerce of man, the City Mayor and the City Engineer
cannot lease or license portions of the city streets to market
stallholders. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
The petition should be denied. Under Section 2 l(d) of the
Local Government Code, a city may by ordinance
temporarily close a street so that a flea market may be
established. (ibid.)
Q: Jose Y. Sabater is a real estate developer. He acquires
raw lands and converts them into subdivisions. After
acquiring a lot of around 15 hectares in Cabanatuan
City, he caused the preparation of a s ubdivision plan for
the property. Before he was able to submit the
subdivision plan to the Bureau of Lands and/or Land
Registration Commission for verification and/or
approval, he was informed t hat he must first present
the plan to the City Engineer who would determine
whether the zoning ordinance of the Cabanatuan City
had been observed. He was surprised when he was
asked to pay the city government a service fee of P0.30
per square meter of land, covered by his subdivision
p lan. He was even more surprised when informed that
a fine of P200.00 and/or imprisonment for not
exceeding six months or both, have been fixed in the
ordinance as penalty for violation thereof. Believing
that the city ordinan ce is illegal, he filed suit to nullify
the same. Decide the case with reasons. (1998 BAR)
A: The ordinance is null and void. In Villacorta v. Bernardo
(GR No. L-31249, 19 Aug.1986) the Supreme Court held that
a municipal ordinance cannot amend a national law in the
guise of implementing it. In this case, the requirement
actually conflicts with sec. 44 of Act No. 496 because the
latter does not require subdivision plans to be submitted t o
the City Engineer before they can be submitted for approval
to, and verification by, the Land Registration Commission
and/or the Bureau of Lands. (UPLC Suggested Answers)
Q: Jose Y. Sabater is a real estate developer. He acquires
raw lands and converts them into subdivisions. After
acquiring a lot of around 15 hectares in Cabanatuan
City, he caused the preparation of a subdivision plan for
the property. Before he was able to submit the
subdivision plan to the Bureau of Lands and/or Land
Registration Commission for verification and/or
approval, he was informed that he must first present
the plan to the City Engineer who would determine
whether the zoning ordinance of the Cabanatuan City
had been observed. He was surprised when he was
asked to pay the city government a service fee of P0.30
per square meter of land, covered by his subdivision
plan. He was even more surprised when informed that
a fine of P200.00 and/or imprisonment for not
exceeding six months or both, have been fixed in the
ordinance as penalty for violation thereof. Believing
that the city ordinance is illegal, he filed suit to nullify
the same. Decide the case with reasons. (1998 BAR)
124
 QuAMTO ( 1987-2021)
A: The ordinance is null and void. In Villacorta v. Bernardo
(GR No. L-31249, 19 Aug. 1986) the Supreme Court held that
a municipal ordinance cannot amend a national law in the
guise of implementing it. In this case, the requirement
actually conflicts with sec. 44 of Act No. 496 because the
latter does not require subdivision plans to be submitted to
the City Engineer before they can be submitted for approval
to, and verification by, the Land Registration Commission
and/ or the Bureau of Lands. (UPLC Suggested AnswersJ
Q:
(a) How does the local legislative assembly
override the veto by the local chief executive of
an ordinance? (1996 BAR)
A: Under Secs. 54 [a) and 55 [c) of the Local Government
Code, the local legislative assembly can override the veto of
the local chief executive by two-thirds vote of all its
members. (UPLC Suggested Answers)
(b) On what grounds can a local chief executive
veto an ordinance? (1996 BAR)
A: Under Sec. 55(a) of the Local Government Code, the local
chief executive may veto an ordinance on the ground that it
is ultra vires or prejudicial to the public welfare. (ibid.)
(c) How can an ordinance vetoed by a local chief
executive become a law without it being
overridden by the local legislative assembly?
(1996 BAR)
A: Pursuant to Sec. 54(bJ of the Local Government Code, an
ordinance vetoed by the local chief executive shall be
deemed approved if he does not communicate h is veto to
the local legislative assembly within 15 days in the case of a
province and 10 days in the case of a city or a municipality.
Likewise, if the veto by the local executive has been
overridden by the local legislative assembly, a second veto
will be void. Under Sec. 55(c) of the Local Government Code,
the local chief executive may veto an ordinance only once.
(ibid.)
ii. LOCAL INITIATIVE AND REFERENDUM
f. CORPORATE POWERS
Q: The Municipality of Sibonga, Cebu, wishes to enter
into a contract involving expenditure of public funds.
What are the legal requisites therefor? (1995, 1991
BAR)
A: The following are the legal requisites for the validity of a
contract to be entered into by the Municipality of Sibonga
which involves the expenditure of public funds:
1. The contract must be within the power of the
municipality;
2. The contract must be entered into by the proper
officer, i.e., the mayor, upon resolution of the
125
Sangguniang Bayan pursuantto Section 142 of the
Local Government Code;
3. In accordance with Sec. 606 of the Revised
Administrative Code, there must be an
appropriation of the public funds; and in
accordance with Sec. 607, there must be a
certificate of availability of funds issued by the
municipal treasurer; and
4. The contract must conform with the fo rmal
requisites of written contracts prescribed by law.
(UPLC Suggested Answers)
g. ULTRA VIRES ACTS
2. LIABILITY OF LOCAL GOVERNMENT UNITS
3. SETTLEMENT OF BOUNDARY DISPUTES
(2005, 1999 BAR)
Q: There was a boundary dispute between Duenas, a
municipality, and Passi, an independent component
city, both of the same province. State how the two local
government units should settle their boundary dispute.
(2 005 BAR)
A: Boundary disputes between local government units
should, as much as possible, be settled amicably. After
efforts at settlement fail, then the dispute may be brought
to the appropriate Regional Trial Court in the said province.
Since the Lo cal Government Code is silent as to what body
has exclusive jurisdiction over the settlement of boundary
disputes between a municipality and an independent
component city of the same province, the Regional Trial
Courts have general jurisdiction to adjudicate the said
controversy. [Municipality of Kananga v. Madrona, G.R. No.
141375, 03 April 2003)
Q: What body or bodies are vested by law with the
authority to settle disputes involving: (1999 BAR)
(a) two or more towns within the same province
A: Under Sec. 118(b) of the Local Government Code,
boundary disputes involving two or more municipalities
within the same province shall be settled by the
Sangguniang Panlalawigan concerned. (UPLC Suggested
Answers)
(b) two or more highly urbanized cities.
A: Under Sec. 118(d) of the Local Government Code,
boundary disputes involving two or more highly urbanized
cities shall be settled by the Sangguniang Panlungsod of the
parties. (ibid.)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
4. VACANCIES AND SUCCESSION
(2019, 2008, 2022 BAR)
Q: R was elected as Municipal Councilor for three (3)
consecutive terms. Before the end of the third term,
Vice Mayor S died, rendering his post vacant. Since R
was the highest-ranking Municipal Councilor, he
assumed the office of the Vice Mayor. One of his
constituents, T, assailed R's assumption of office,
arguing that elections should have been conducted to
fill in the vacancy following the death of Vice Mayor S.
Is T's contention correct? Explain. (2019 BAR)
A: NO, T's contention is not correct. Succession in local
government offices is by operation of law. Section 44 of
Republic Act No. 7160, otherwise known as the Local
Government Code, provides that if a permanent vacancy
occurs in the office of the vice mayor, the highest ranking
sanggunian member shall become vice mayor. (Montebon v.
Commission on Elections, C.R. No. 180444, 8 Apr. 2008)
Q: On August 8, 2008, the Governor of Bohol died and
Vice- Governor Cesar succeeded him by operation of
law. Accordingly, Benito, the highest-ranking member
of the Sangguniang Panlalawigan was elevated to the
position of Vice-Governor. By the elevation of Benito to
the office of Vice- Governor, a vacancy in the
Sangguniang Panlalawigan was created. How should
the vacancy be filled? (2008 BAR)
A: In accordance with Section 45 of the Local Government
Code, the vacancy should be filled by appointment by the
President of the nominee of the political p arty of Benito
since his elevation to the position of Vice-Governor created
the last vacancy in the Sangguniang Panlalawigan. If Benito
does not belong to any political party, a qualified person
recommended by the Sangguniang Panlalawigan should be
appointed. (Navarro v. Court ofAppeals, GR No. 141307, 28
Mar. 2001)
Q: A vacancy occurred in the sangguniang bayan of a
municipality w hen X, a member, died. X did not belong
to any political party. To fill up the vacancy, the
provincial governor appointed A upon the
recommendation of the sangguniang panlalawigan. On
the other hand, for the same vacancy, the municipal
mayor appointed B upon the recommendation of the
sangguniang bayan. Which of these appointments is
valid? (2002 BAR)
A: As held in Farinas v. Barba (GR No. 116763, 19 Apr. 1996)
neither of the appointments is valid. Under Sec. 45 of the
Local Government Code, in case of a permanent vacancy in
the Sangguniang Bayan created by the cessation in office of
a member who does not belong to any political party, the
Governor shall appoint qualified person recommended by
the Sangguniang Bayan. Since A was not recommended by
the Sangguniang Bayan, his appointment by the Governor is
not valid. Since B was not appointed by the Governor but by
the Municipal Mayor, his appointment is also not valid.
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
5.RECALL
Q: Suppose the people of a province want to recall the
provincial governor before the end of his three-year
term of office. (2002 BAR)
(a) On what ground or grounds can the provincial
governor be recalled?
A: In accordance with Sec. 69 of the Local Government Code,
the Governor can be recalled for loss of confidence. {UPLC
Suggested Answers)
(b) How will the recall be initiated?
A: Under Sec. 70 of the Local Government Code, the recall
may be initiated by a resolution adopted by a majority of all
the members of the preparatory recall assembly, which
consists of all the mayors, the vice-mayors, and the
sangguniang m embers of the m unicipalities and component
cities, or by a written petition signed by at least twenty-five
per cent (25%) of the t otal number of registered voters in
the province. {ibid.)
( c) When will the recall of an elective local official
be considered effective?
A: According to Section 72 of the Local Government Code,
the recall of an elective local official shall take effect upon
the election and proclamation of a successor in the person
of the candidate receiving the highest number of votes cast
during the election on recall. (ibid.)
I 6. TERM LIMITS
(2019, 2018, 2016 BAR)
Q: Atty.Gran for Governor of the Province of Pampanga,
while his close friend, Atty. M, ran for Mayor of the
Municipality of Guagua, Pampanga. They both won
convincingly. Eventually, the losing candidates timely
filed election protests. The losing gubernatorial
candidate, Mr. A, filed his protest before the Regional
Trial Court of Pampanga (RTC), whereas the losing
mayoralty candidate, Mr. B, filed his protest before the
Municipal Trial Court of Guagua, Pampanga (MTC).
What are the term limits for the positions of Atty. G and
Atty. M? (2019 BAR)
A: The term limits for both are three terms of three y ears
for each term. (Sec. 43(a), Local Government Code)
Q: R was elected as Municipal Councilor for three (3)
consecutive terms. Before the end of the third term,
Vice Mayor S died, rendering his post vacant. Since R
was the highest-ranking Municipal Councilor, he
assumed the office of the Vice Mayor. One of his
constituents, T, assailed R's assumption of office,
arguing that elections should have been conducted to
fill in the vacancy following the death of Vice Mayor S.
126
 QuAMTO ( 1987-2021)
Assuming that R validly assumed S's post, at the end of
R's term as Vice Mayor, may he run, once more, for the
position of Municipal Councilor? Or, is he prescribed to
do so under the Local Government Code? Explain. (2019
BAR)
A: R can still run for the position of Municipal Councilor.
Voluntary renunciation of a term does not cancel the
renounced term in the computation of the three-term limit;
conversely, involuntary severance from office for any
length of time short of the full term provided by law
amounts to an interruption of continuity of service.
[Montebon v. Commission on Elections, G.R. No. 180444, 8
Apr. 2008)
Q: The Province of Amaya is one of the smallest
provinces in the Philippines with only one legislative
district composed of four municipalities: Uno, Dos,
Tres, and Cuatro.
Andres, a resident and registered voter of Cuatro
municipality, ran and was elected as member of the
Sangguniang Panlalawigan (SP) of Amaya in the 2010
and 2013 local elections.
While Andres was serving his second term as SP
member, a law was enacted re-apportioning the four
towns of Amaya into two legislative districts: Uno and
Dos comprising the First District, and Tres and Cuatro
comprising the Second District.
In the 2016 local elections, Andres ran and was elected
as member of the SP of Amaya representing the Second
District.
Andres seeks your legal advice regarding his intention
to run as a member of the SP of Amaya for the Second
District in the next local elections in 2019. What will
you advise Andres? (2018 BAR)
A: My advise is for him not to run for SP member, because
doing so violates the limitation of three consecutive terms
upon local elective officials. In the cases of Latasa v.
COMELEC (G. R. 154289,10 Dec. 2003) and Naval v. COMELEC
(G.R. No. 207851, 8 Jul. 2014), the Court ruled that the three-
term limit applies notwithstanding any reapportionment,
renaming, or reclassification of any local government unit.
The clear intent of the framers of the Constitution was to
limit the term to three consecutive elections to the same
position.
Q: Sec. 8, Article X of the 1987 Constitution provides
that no elective official shall serve for more than three
(3) consecutive terms. Rule and explain briefly the
reason if the official is prohibited to run for another
term in each of the following situations: (2016 BAR)
(a) if the official is a Vice-Mayor who assumed the
position of Mayor for the unexpired term under
the Local Government Code;
127
A: He is not prohibited. In computing the three- term limit,
only the term for which the local official was elected should
be considered. The second sentence of Section 8, Article X,
of the Constitution states that the voluntary renunciation
shall not be considered as interruption of the continuity of
the service for the full term for which he was elected [Borja
v. Commission on Elections, G.R. No. 133495, 3 Sept.1998)
(b) if the official has served for three consecutive
terms and did not seek a 4th term but who won
in a recall election;
A: A mayor who served three consecutive te rms and did not
seek a fourth term but ran and won in the recall election can
serve, because the recall election was not an immediate
reelection (Socrates v. Commission on Elections, G.R. Nos.
154512, 154683, 155083-84, 12 Nov. 2002)
(c) if the position of Mayor of a town is abolished
due to conversion of the town to a city;
A: If a municipality in which a mayor served three
consecutive terms was converted to a city, he
cannot run as city mayor in the first election. For
purposes of applying the three-term limit, the
office of the municipal mayor should not be
considered as different from that of the city mayor
[Latasa v. Commission on Elections, G.R. No.154829,
10 Dec. 2003)
( d) if the official is preventively suspended during
his term but was exonerated; and
A: The temporary inability of an elective official to exercise
his fu nctions due to preventive suspension is not an
interruption of his term, because it did not involve loss of
title to the office (Aldovino Jr. v. Commission on Elections, G.R.
No. 184836, 23 Dec. 2009)
( e) if the official is proclaimed as winner and
assumes office but loses in an election protest.
A: If a candidate was proclaimed for three consecutive
terms but did not serve in full because of loss in an election
protest he is not disqualified. [Lonzanida v. COMELEC, G.R.
No. 135150, 28 July 1999)
D. LOCAL TAXATION
NATURE AND SOURCE OF
TAXING POWER
(2007, 2003, 2001, 1998, 1987 BAR)
Grant of Local Taxing power under the Local
Government Code
Q: What is the nature of the taxing power of the
provinces, municipalities and cities? How will the local
government units be able to exercise their taxing
powers? (2007 BAR)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
A: The taxing power of the provinces, municipalities and
cities is directly conferred by the Constitution by giving
them the authority to create their own sources of revenue.
The local government units do not exercise the power to tax
as an inherent power or by a valid delegation of the power
by Congress , but pursuant to a direct authority conferred
by the Constitution. {Mactan Cebu International Airport
Authority v. Marcos, 261 SCRA 667, 1996; NPC v. City of
Cabanatuan, 401 SCRA 2S9, 2003)
The local government units exercise the power to tax by
levying taxes, fees and charges consistent with the basic
policy of local autonomy, and to assess and collect all these
taxes, fees and charges which will exclusively accrue to
them. The local government units are authorized to pass
tax ordinances (levy) and to pursue actions for the
assessment and collection of the taxes imposed in said
ordinances. (Secs. 129 & 132, LGC)
Q: May Congress, under the 1987 Constitution, abolish
the power to tax of local governments? (2003 BAR)
A: NO. Congress cannot abolish what is expressly granted
by the fundamental law. The only authority conferred to
Congress is to provide the guidelines and limitations on the
local government's exercis e of the power to tax. (Sec. S, Art
X, 1987 Constitution)
1. FUNDAMENTAL PRINCIPLES OF LOCAL AND REAL
PROPERTY TAXATION
ACTUAL USE PRINCIPLE
(2018,2009,2005,2003,2001,2000, 1990,1988
BAR)
Q: In 2015, Kerwin bought a three-stor y house and lot
in Kidapawan, North Cotabato. The property has a floor
area of 600 sq.m. and is located inside a gated
subdivision. Kerwin initially declared the property as
residential for real property tax purposes.
In 2016, Kerwin started using the property in his
business of manufacturing garments for export. The
entire ground floor is now occupied by state-of-the-art
sewing machines and other equipment, while the
second floor is used as offices. The third floor is
retained by Kerwin as his family's residence. Kerwin's
neighbors became suspicious of the activities going on
inside the house, and they decided to report it to the
Kidapawan City Hall. Upon inspection, the local
government discovered that the property was being
utilized for commercial use. Immediately, the
Kidapawan Assessor reclassified the property as
commercial with an assessment level of 50% effective
January 2017, and assessed Kerwin back taxes and
interest. Kerwin claims that only 2/3 of the building
was used for commercial purposes since the third floor
remained as family residence. He argues that the
property should have been classified as partly
commercial and partly residential.
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
Is Kerwin correct that only 2/3 of the property should
be considered commercial? xxx (2018 BAR)
A: YES. The property must be classified, valued and
assessed on the basis of its actual use regardless of where
located, whoever owns it, and whoever uses it. {Sec. 217,
LGC; UPLC Suggested Answers)
ALTERNATIVE ANSWER:
NO. One of the fundamental principles in the appraisal,
assessment, levy and collection of real property tax under
Section 198 of the LGC is that the r eal property shall be
classified for assessment purposes on the basis of its actual
use. Section 199 of the LGC defines "actual use" as referring
to the purpose for which the property is principally or
predominantly utilized by the person in possession thereof.
Hence, considering that, as admitted by Kerwin, 2/3 of the
property 's used for commercial purposes, the entire
property must be classified as "commercial" for real
property tax purposes. (UPLC Suggested Answers)
Q: The Roman Catholic Church owns a 2- hectare lot in
a town in Tarlac province. The southern side and
m iddle part are occupied by the Church and a convent,
the e astern side by a school run by the Church itself, the
southeastern side by some commercial
establishments, w hile the rest of the property, in
particular the northwestern side, is idle or unoccupied.
May the Church claim tax exemption on the entire
land? Decide with reasons. (2005 BAR)
A: NO. The portions of the land occupied and used by the
church, convent and school run by the church are exempt
from real property taxes while the portion of the land
occupied by commercial establishments and the portion,
which is idle, are subject to real property taxes. The "usage"
of the property and not the "ownership" is the determining
factor whether or not the property is taxable. {Lung Center
ofthe Philippines v. Q.C., 433 SCRA 119, 2004)
2. COMMON LIMITATIONS ON THE TAXING POWERS
OF LOCAL GOVERNMENT UNITS (2019, 2015, 1987
BAR)
Q: In 2018, City X amended its Revenue Code to include
a new provision imposing a tax on every sale of
merchandise by a wholesaler based on the total selling
price of the goods, inclusive of value-added taxes
(VAT). ABC Corp., a wholesaler operating within City X,
challenged the new provision based on the following
contentions: xxx 2. since the tax being imposed is akin
to VAT, it is beyond the power of City X to levy the same
Rule on each of ABC Corp.'s contentions. (2019 BAR)
A: ABC's s econd contention is meritorious. One of the
common limitations of the local government unit's (such as
City X) taxing power under Sec.133 of the LGC is that it may
not levy VAT on sales, barters or exchanges on goods or
128
 QuAMTO ( 1987-2021)
services. Hence, ABC Corp. is correct in saying that the local
tax, which is imposed on every sale transaction, is akin to
VAT; and necessarily, it may not be imposed by City X.
Q: In 2014, M City approved an ordinance levying
customs duties and fees on goods coming into the
territorial jurisdiction of the city. Said city ordinance
was duly published on February 15, 2014 with
effectivity date on March 1, 2014.
Is there a ground for opposing said ordinance? (2015
BAR)
A: YES, on the ground that the ordinance is ultra vires. The
taxing powers of local government units such as M City,
cannot extend to the levy of taxes, fees and charges already
imposed by the national government, and this includes,
among others, the levy of customs duties under the Tariff
and Customs Code. (Sec. 133(e), LGC)
3. REQUIREMENTS FORA VALID TAX ORDINANCE
4. PROCEDURE FOR APPROVAL AND EFFECTIVITY OF
TAX ORDINANCES
5. EXEMPTIONS FROM REAL PROPERTY TAX
(2019, 2018, 2017, 2016, 2015, 2009, 2006, 2005,
2002, 2000, 1996, 1990, 1989, 1987 BAR)
Q: Under Article 415 of the Civil Code, in order for
machinery and equipment to be considered real
property, the pieces must be placed by the owner of the
land and, in addition, must tend to directly meet the
needs of the industry or works carried on by the owner.
Oil companies install underground tanks in the
gasoline stations located on land leased by the oil
companies from the owners of the land where the
gasoline stations (are) located. Are those underground
tanks, which were not placed there by the owner of the
land but which were instead placed there by the lessee
of the land, considered real property for purposes of
real property taxation under the local Government
Code? Explain. (2003 BAR)
A: YES. The prop erties are considered as necessary fixtures
of the gasoline station, without which the gasoline station
would be useless. Machinery and equipment installed by
the lessee of leased land is not real property for purposes
of execution of a final judgment only. They are considered
as real property for real property tax purposes as "other
improvements to affixed or attached real property under
the Assessment Law and the Real Property Tax Code.
(Caltex v. Central Board of Assessment Appeals, 114 SCRA
296, 1982)
Q: City R owns a piece ofland which it leased to V Corp.
In turn, V Corp. constructed a public market there on
and leased the stalls to vendors and small storeowners.
The City Assessor then issued a notice of assessment
against V Corp. for the payment of real property taxes
129
(RPT) accruing on the public market building, as well
as on the land where said market stands.
Is the City Assessor correct in including the land in its
assessment of RPT against V Corp., even if the same is
owned by City R? Explain. (2019 BAR)
A: YES. City R is correct in including the land in the RPT
Assessment. Sec. 234 of the LGC provides that the
properties owned by the government of the Philippines and
any of its instrumentalities shall be exempt from RPT
except when the beneficial use thereof pertains to a non-
exempt entity for a consideration.
When City R leased the property t o V Corp., the beneficial
use of the otherwise exempt property, now pertains to a
non-exempt entity. (UPLC Suggested Answers)
Q: Kilusang Krus, Inc. (KKI) is a non-stock, non-profit
religious organization which owns a vast tract of land
in Kalinga.
KKI has devoted 1/2 of the land for various uses: a
church with a cemetery exclusive for deceased priests
and nuns, a school providing K to 12 education, and a
hospital which admits both paying and charity
patients. The remaining 1/2 portion has remained idle.
The KKI Board of Trustees decided to lease the
remaining 1/2 portion to a real estate developer which
constructed a community mall over the property.
Since the rental income from the lease of the property
was substantial, the KKI decided to use the amount to
finance: (1) the medical expenses of the charity
patients in the KKI Hospital; and (2) the purchase of
books and other educational materials for the students
of KKI School. (2018 BAR)
Is KKI liable for real property taxes on the land?
A: YES, but only on the leased portion. Article VI, Section
28(3) of the 1987 Constitution provides that "charitable
institutions, churches and personages or convents
appurtenant thereto, mosques, non-profit cemeteries, and
all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation". The
test of exemption from taxation is the use of the property
for purposes mentioned in the Constitution. The leased
portion of the land may be subject to real property tax since
such lease is for commercial purposes, thereby, removing
the asset from the property tax exemption granted under
the Constitution. (CIR vs. De La Salle University, Inc., GR. Nos,
196596, 198841, 198941, 09 Nov. 2016; UPLC Suggested
Answers)
Q: San Juan University is a non-stock, non-profit
educational institution. It owns a piece of land in
Caloocan City on which its three 3-storey school
building stood. Two of the buildings are devoted to
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
classrooms, laboratories, a canteen, a bookstore, and
administrative offices. The third building is reserved as
dormitory for student athletes who are granted
scholarships for a given academic year.
In 2017, San Juan University earned income from
tuition fees and from leasing a portion of its premises
to various concessionaires of food, books, and school
supplies. (2017 BAR)
Can the City Treasurer of Caloocan City collect real
property taxes on the land and building of San Juan
University? Explain your answer.
A: YES. The City Treasurer can collect real property taxes
but on the leased portion. Sec. 4(3), Art. XIV of the 198 7
Constitution provides that a non-stock, non-profit
educational institution shall be exempt from taxes and
duties only if the same are used actually, directly, and
exclusively for educational purposes. The test of exemption
from taxation is the use of the property for purposes
mentioned in the Constitution. The leased portion of the
building may be subject to real property tax since such
lease is for commercial purposes, thereby, it removes the
asset from the property tax exemption granted under the
Constitution. (CIR v. De La Salle University, Inc., C.R. No.
196596, 09 Nov. 2016; UPLC Suggested Answers)
Q: The Philippine-British Association, Inc. (Association)
is a non-stock, non-profit organization which owns the
St. Michael's Hospital (Hospital). Sec. 216 in relation to
Sec. 215 of the LGC classifies all lands, buildings and
other improvements thereon actually, directly, and
exclusively used for hospitals as "special." A special
classification prescribes a lower a ssessment than a
commercial classification.
Within the premises of the Hospital, the Association
constructed the St. Michael's Medical Arts Center
(Center) which will house medical practitioners who
will lease the sp aces therein for their clinics at
prescribed r e ntal r ates. The doctors who treat the
patients confined in the Hospital are accredited by the
Association.
The City Asse ssor classified the Center as "commercial"
instead of "special" on the ground that the Hospital
owner gets income from the lease of its spaces to
doctors who also entertain out-patients. Is the City
Assessor correct in classifying the Center as
"commercial?" Explain. (2016 BAR)
A: NO. The City Assessor is not correct in classifying the
Center as "commercial."
The fact alone that the separate St. Michael's Medical Arts
Center will house medical practitioners who shall treat the
patients confined in the Hospital and are accredited by the
Association takes away the said Medical Arts Center from
being categorized as "commercial" since a tertiary hospital
is required by law to have a pool of physicians w ho
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
comprise the required medical departments in various
medical fields. (City Assessor of Cebu City v Association of
Benevola de Cebu, Inc., C.R. No. 152904, 08 June 2007; UPLC
Suggested Answers)
Q: LLL is a government instrumentality created by
Executive Order to be primarily responsible for
integrating and directing all reclamation projects for
the National Government. It was not organized as a
stock corporation, nor was it intended to operate
commercially and compete in the private market.
By virtue of its mandate, LLL in 2008 reclaimed several
portions of the foreshore and offshore areas of the
Manila Bay, some of which were within the territorial
jurisdiction of Q City. Certificates of titles to the
reclaimed properties in Q City were issued in the name
of LLL in 2008. In 2 014, Q City issued warrants of Levy
on said reclaimed properties of LLL based on the
assessment for delinquent property taxes for the years
2010 to 201 3.
(a) Are the reclaimed properties registered in the
name of LLL subject to real property tax?
A: The reclaimed properties are not subject to real property
tax because LLL is a government instrumentality. Under the
law, real property owned by the Republic of the Philippines
is exempt from real property tax unless the beneficial use
thereof has been granted to a taxable person. (Sec 234, LGC}
When the title of the real property is transferred to LLL, the
Republic r emains th e owner of the real property. Thus,
such arrangement does not result in the loss of the tax
exemption. (Republic of the Philippines, represented by The
Philippine Reclamation Authority v. City ofParanaque, 2012;
UPLC Suggested Answers)
ALTERNATIVE ANSWER: No. LLL is an instrumentality of
the national government which cannot be taxed by local
government units. LLL is not a government-owned or
controlled corporation taxable for real property taxes. (City
of Lapu-Lapu v. PEZA, GR No. 184203, 26 Nov. 2014)
(b) Will your answer be the same in (a) if from
2010 to the present time, LLL is leasing
portions of the reclaimed properties for the
establishment and use of popular fastfood
restaurants J Burgers, G Pizza, and K Chicken?
(2015 BAR)
A: NO. As a rule, properties owned by the Republic of the
Philippines are exempt from real property tax except when
the beneficial use thereof has been granted, for
consideration or otherwise, to a taxable person. When LLL
leased out portions of the reclaimed properties to taxable
entities, such as the popular fast food restaurants, the
reclaimed properties are subject to real property tax. (Sec.
234(a}, LGC; GSIS v. City Treasurer and City Assessor of the
City ofManila; UPLC Suggested Answers)
130
 QuAMTO ( 1987-2021)

Q: Republic Power Corporation (RPC) is a government-

owned and controlled corporation engaged in the XIII. NATIONAL ECONOMY AND PATRIMONY
supply, generation and transmission of electric power.
In 2005, in order to provide electricity to Southern
Tagalog provinces, RPC entered into an agreement with
Q: What is meant by National Patrimony? Explain the
Jethro Energy Corporation (JEC), for the lease of JEC's
concept of National Patrimony? (1999 BAR)
power barges which shall be berthed at the port of
Batangas City. The contract provides that JEC shall own A: National patrimony refers not only to our natural
the power barges and the fixtures, fittings, machinery, resources but also to our cultural heritage. [Man ila Prince
and equipment therein, all of which JEC shall supply at Hotel v. Government Service Insurance System, GR No.
its own cost, and that JEC shall operate, manage and 122156, 03 Feb.1997)
maintain the power barges for the purpose of
converting the fuel of RPC into electricity. The contract
also stipulates that all real estate taxes and
A. REGALIAN DOCTRINE
assessments, rates and other charges, in respect of the
power barges, shall be for the account of RPC.

Q: A bank acquired a large tract of land as the highest

In 2007, JEC received an assessment of real property
bidder in the foreclosure sale of the mortgaged assets
taxes on the power barges from the Assessor of
of its borrower. It appears that the land has been
Batangas City. JEC sought reconsideration of the
originally registered under the Torrens system in 1922
assessment on the ground that the power barges are
pursuant to the provisions of the Philippine Bill of
exempt from real estate taxes under Section 234 (c) of
1902, the organic act of the Philippine Islands as a
R.A. 7160 as they are actually, directly and exclusively
colony of the USA. Sec. 21 of the Philippine Bill of 1902
used by RPC, a government- owned and controlled
provided that "all valuable mineral deposits in public
corporation. Furthermore, even assuming that the
lands in the Philippine Islands, both surveyed and
power barges are subject to real property tax, RPC
unsurveyed, are hereby declared to be free and open to
should be held liable therefore, in accordance with the
exploration, occupation and purchase, and the land in
terms of the lease agreement. Is the contention of JEC
which they are found to occupation and purchase, by
correct? Explain your answer. (2009 BAR)
citizens of the United States, or of said Islands." Sec. 27
of the law declared that a holder of the mineral claim so
A: The contention of JEC is not correct. The owner of the
located was entitled to all the minerals that lie within
power barges is JEC which is required to operate, manage
his claim, but he could not mine outside the boundary
and maintain the power barges for the purpose the claim
lines of his claim.
that RPC, a government-owned and controlled corporation
engaged in the supply, generation and transmission of (

The 1935 Constitution expressly prohibited the

electric power, is the actual, direct and exclusive user of the
alienation of natural resources except agricultural
barge, hence, does not fall w ithin the purview of the
lands. Sec. 2, Art. XII of the 1987 Constitution contains a
exempting provision of Section 234(c) of RA. No. 7160.
similar prohibition, and proclaims that all lands of the
Likewise, the argument that RPC should be liable to the real
public domain, waters, minerals, coal, petroleum, and
property taxes consonant with the contract is devoid of
other mineral oils, all forces of potential energy,
merit. The liability for the payment of the real estate taxes
fisheries, forests or timber, wildlife, flora and fauna,
is determined by law and not by the agreement of the
and other natural resources are owned by the State.
parties. (FELS Energy Inc. v. The Province of Batangas, 516
This provision enunciates the Regalian Doctrine.
SCRA 186, 2007; UPLC Suggested Answers)
May the Government, on the basis of the Regalian
Doctrine enunciated in the constitutional provisions,
deny the bank its right as owner to the mineral
resources underneath the surface of its property as
recognized under the Philippine Bill of 1902? Explain
your answer. (2017 BAR)

A: The government cannot deny the bank its right as owner

of the mineral resources underneath the surface of the
property. The mining rights acquired under Philippine Bill
of 1902 before the effectivity of the 1935 Constitution were
vested rights that cannot be impaired by the Government
(Yinhu Bica/ Mining Corporation v. Trans-Asia Oil and Energy
Development Corporation, G.R. No. 207942, 12 Jan. 2015).

Q: The Congress establishes by law Philippine Funds,

Inc., a private corporation, to receive foreign donations

131 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
coming from abroad during national and local
calamities and disasters, and to enable the
unhampered and speedy disbursements of the
donations through the mere action of its Board of
Directors. Thereby, delays in the release of the donated
funds occasioned by the stringent rules of procurement
would be avoided. Also, the releases would not come
under the jurisdiction of the Commission on Audit
(COA). (2017 BAR)
(a) Is the law establishing Philippine Funds, Inc.
constitutional? Explain your answer.
A: The establishment of Philippine Funds, Inc. is valid. It was
created to enable the speedy disbursements of donations
for calamities and disasters, Public purpose is no longer
restricted to traditional government functions (Petitioner-
Organization v, Executive Secretary, G,R, Nos, 147036-37 &
147811, 10 Apr, 2012)
(b) Can the Congress pass the law that would
exempt the foreign grants from the jurisdiction
of the COA? Explain your answer.
A: Congress cannot exempt the foreign grants from the
jurisdiction of the Commission on Audit. Its jurisdiction
extends to all government-owned or controlled
corporations, including those funded by donations through
the Government. (Art IX-D, Sec, 3 of the 1987 Philippine
Constitution; and Petitioner Corporation v, Executive
Secretary, C.R. Nos.147036-37 & 147811, 10 Apr. 2012)
B. EXPLORATION, DEVELOPMENT AND UTILIZATION
OF NATURAL RESOURCES
Q: The Philippine Environmentalists' Organization for
Nature, a duly re cognized nongovernmental-
organization, intends to file suit to enjoin the Philippine
Government fro m allocating funds to operate a power
plant at Mount Tuba in a southern island. They claim
that there was no consultation with the indigenous
cultural comm unity which will be displaced from
ancestral lands essential to their livelihood and
indispensable to their religious practices. (2010 BAR)
(a) The organization is based in Makati. All its
officers live and work in Makati. Not one of its
officers or members belong to the affected
indigenous cultural community. Do they have
the standing in this dispute? Explain.
A: If the projected lawsuit will be based on violation of the
rights of the indigenous cultural communities, the
Philippine Environmentalists Organization will have no
standing to file the case. None of its officers and members
belong to the indigenous cultural community . None of their
rights are affected.
If the lawsuit will seek to enjoin the use of public funds to
operate the power plant, the Philippine Environmentalists'
UNIVERSITY OF S ANTO TOMAS
20 22 GOLDEN NOTES
Organization, can file a taxpayer's suit. As held in Maceda vs.
Macaraig (GR No. 88291, 31 May 1991), a taxpayer has
standing to question the illegal expenditure of public funds.
(b) Would your answer be different if the
Philippine Power Corporation, a private
company, were to operate the plant? Explain.
A: The Philippine Environmentalists Organization will have
no standing to file the case if it is a private company that will
operate the power plant, because no public funds will be
spent for its operation. As held in Gonzales vs, Marcos, 65
SCRA 624, a taxpayer has no standing to file a case if no
expenditure of public funds is involved.
C. FRANCHISES, AUTHORITY AND CERTIFICATES FOR
PUBLIC UTILITIES
Q: Sec. 11 of Art. XII o f the Constitution provides: "No
franchise, certificate or any other form of authorization
for the operation of a public utility shall be granted
except to citizens of the Philippines or to corporations
or ass ociations organized under the laws of the
Philippines at least sixty per centum of whose capital is
owned by such citizens x x x." Does the term "capital"
mentioned in the cited section refer to the total
common shares only, or to the total outstanding capital
stock, or to both or "separately to each class of shares,
whether common, preferred non-voting, preferred
voting or any class of shares?" Explain your answer.
(2016 BAR)
A: The t erm "capital" mention ed in Sec. 11, Art. XI I of the
Constitution refers to the total outstanding capital stock of
public utilities. The requirement that at least sixty percent
of the capital must be owned by Filipino citizens applies
separately to each class of shares, whether common,
preferred non-voting, preferred voting, or any class of
shares. Mere legal title is not enough. Full beneficial
ownership of sixty percent of the outs tanding capital s tock
is required. (Gamboa v, Teves, GR No, 176579, 09 Oct 2012)
D. ACQUISITION, OWNERSHIP AND TRANSFER OF
PUBLIC AND PRIVATE LANDS
(2009, 2004, 2002, 2000, 1998 BAR)
Q: TRUE or FALSE. Explain your answer in not more
than two (2) sentences: Aliens are absolutely
prohibited from owning private lands in the
Philippines. (2009 BAR)
A: FALSE. Under Sec. 7, Art. XII of the 1987 Constituti on,
aliens may acquire private land by hereditary succession.
Under Sec. 8, Art. XII of the Constitution, nat ural-born
citizens of the Philippines wh o lost their Filipino citizenship
may be transferees of private land. (UPLC Suggested
Answers)
132
 QuAMTO ( 1987-2021)
Q: Express your agreement or disagreement with any of
the following statements. Begin your answer with the
statement: "I AGREE" or "DISAGREE" as the case may be:
(1998 BAR)
(a) Anyone, whether individual, corporation or
association, qualified to acquire private lands is
also qualified to acquire public lands in the
Philippines.
A: I disagree. Under Sec. 7, Art. XII of the 1987 Constitution,
a corporation or association which is sixty percent owned
by Filipino citizens can acquire private land, because it can
lease public land and can therefore hold public land.
However, it cannot acquire public land. Under Section 3,
Article XII of the Constitution, private corporations and
associations can only lease and cannot acquire public land.
Under Section 8, Article XII of the Constitution, a natural-
born Filipino citizen who lost his Philippine citizenship may
acquire private land only and cannot acquire public land.
(UPLC Suggested Answers)
(b) A religious corporation is qualified to have
lands in the Philippines on which it may build
its church and make other improvements
provided these are actually, directly and
exclusively used for religious purposes.
A: I disagree. The mere fact that a corporation is religious
does not entitle it to own public land. As held in Register of
Deeds v. Ung Siu Si Temple (G.R. No. L-6776, 21 May 1955)
land tenure is not indispensable to the free exercise and
enjoyment of religious profession of worship. The religious
corporation can own private land only if it is at least sixty
percent owned by Filipino citizens. (ibid.)
(c) A religious corporation cannot lease private
lands in the Philippines.
A: I disagree. Under Sec. 1 of P.D. No. 4 71, corporations and
associations owned by aliens are allowed to lease private
lands up to twenty-five years, renewable for another period
of twenty-five years upon agreement of the lessor and the
lessee. Hence, even if the religious corporation is owned by
aliens, it can lease private lands. (ibid.)
( d) A religious corporation can acquire private
lands in the Philippines provided all its
members are citizens of the Philippines.
A: I disagree. For a corporation to qualify to acquire private
lands in the Philippines, under Sec, 7, Art. X of the 1987
Constitution in relation to Sec. 2, Art. XII of the 1987
Constitution, only sixty percent (60%) of the corporation is
required to be owned by Filipino citizens for it to qualify to
acquire private lands. (ibid.)
( e) A foreign corporation can only lease private
lands in the Philippines.
133
A: I agree. A foreign corporation can only lease private lands
and cannot lease public land. Under Sec. 2, Art. XII of the
1987 Constitution, the exploration, development, and
utilization of public lands may be undertaken through co-
production. Joint venture or production-sharing
agreements only with Filipino citizens or corporations or
associations which are at least sixty percent owned by
Filipino citizens. (ibid.)
Q: EAP is a government corporation created for the
purpose of reclaiming lands, including foreshore and
submerged areas, as well as to develop, improve,
acquire, lease, and sell any and all kinds oflands. A law
was passed transferring title to EAP of lands already
acclaimed in the foreshore and offshore areas of MM
Bay, particularly the so-called Liberty Islands, as
alienable and disposable lands of the public domain.
Titles were duly issued in EAP's name.
Subsequently, EAP entered into a joint venture
agreement (JVA) with ARI, a private foreign
corporation, to develop Liberty Islands. Additionally,
the JVA provided for the reclamation of 2 50 hectares of
submerged land in the area surrounding Liberty
Islands. EAP agreed to sell and transfer to ARI a portion
of Liberty Islands and a portion of the area to be
reclaimed as the consideration for ARI's role and
participation in the joint venture, upon approval by the
Office of the President. Is there any constitutional
obstacle to the sale and transfer by EAP to ARI of both
portions as provided for in the JVA? (2004 BAR)
A: YES. ARI cannot acquire a portion of Liberty Islands
because, although EAP has title to Liberty Islands and thus
such lands are alienable and disposable land, they cannot be
sold, only leased, to private corporations. The portion of the
area to be reclaimed cannot be sold and transferred to ARI
because the seabed is inalienable land of the public domain.
(Sec. 3, Art. XII, 1987 Constitution; Chavez v. Public Estates
Authority, G.R. No. 133250, 09 July 2002; UPLC Suggested
Answers)
Q: A, a Filipino citizen, and his wife B, a Japanese
national, bought a five-hectare agricultural land from X,
a Filipino citizen. The couple later executed a deed of
donation over the same land in favor of their only child
C. A year later, however, C died in vehicular accident
without leaving a last will and testament.
Now, X brought suit to recover the land on the ground
that B, being an alien, was not qualified to buy the land
when Band A jointly bought the land from him and that,
upon the death of C, the land was inherited by his
parents, but B cannot legally acquire and/or inherit it.
How should the case be decided? If X filed the suit
against C when the latter was still alive, would your
answer be the same? Why? (2002 BAR)
A: X cannot recover the land whether from C or A and B.
Under Sec. 1 (2), Art. IV of the 1987 Constitution, C is a
Filipino citizen since his father is a Filipino. When A and B
donated the land to C, it became property of a Filipino
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
citizen. As held in Halili v. Court ofAppeals (C.R. No. 113539,
12 Mar. 1998), the sale of land to an alien can no longer be
annulled if it has been conveyed to a Filipino citizen. Since
C left no will and his parents are his heirs, in accordance
with Article XII, Section 7 of the Constitution, B can acquire
the land by hereditary succession. (UPLC Suggested
Answers)
Q: Andy Lim, an ethnic Chinese, became a natura1ized
Filipino in 1935. But later he lost his Filipino
citizenship when he became a citizen of Canada in 1971.
Wanting the best of both worlds, he bought, in 1987, a
residential lot in Forbes Park and a commercial lot in
Binondo. Are these sales vaJid? Why? (Z000 BAR)
A: NO. The sales are not valid. Under Sec. 8, Art. XII of the
1987 Constitution, only a natural born citizen of the
Philippines who lost his Philippine citizenship may acquire
private land. Since Andy Lim was a former naturalized
Filipino citizen, he is not qualified to acquire private lands.
(UPLC Suggested Answers)
E. PRACTICE OF PROFESSIONS
F. ORGANIZATION AND REGULATION OF
CORPORATIONS, PRIVATE AND PUBLIC
(ZOZO-ZOZl, 2015 BAR)
Q:
(a) Give a business activity the equity of which
must be owned by Filipino citizens: (1994 BAR)
1. at least 60%
A: At least s ixty per cent (60%) of the equity of the entities
engaged in the following business must be owned by
Filipino citizens un der the Constitution.
i, Co-prod uction, joint venture, or production
sharing agreement with the State for the
exploration, development, and utilization of
natural resources (Sec. 2, Art. XII, 1987
Constitution)
ii. Operation of a public utility (Sec. 11, Art XII, 1987
Constitution)
iii. Education (Sec. 4 (2), Art. XIV, 1987 Constitution)
Z. at least 70%
A: At least seventy percent (70%) of the equity of business
entities engaged in advertising must be owned by Filipino
citizens under the Constitution. (Sec. 11 (2), Art. XVI, 1987
Constitution)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
3. 100%
A: Mass media must be wholly owned by Filipino citizens
under the Constitution. (Sec. 11 (1), Art. XVI, 1987
Constitution)
(b) Give two cases in which aliens may be allowed
to acquire equity in a business activity but
cannot participate in the management thereof?
A: Under the Constitution, aliens may acquire equity but
cannot participate in the management of business entities
engaged in the following activities:
a. Public utilities (Sec. 11 Art. XII, 1987 Constitution)
b. Education (Sec. 4 (2), Art. XIV, 1987 Constitution)
c. Advertising (Sec. 11 (2), Art XVI, 1 987 Constitution)
Q: A news agency incorporated under Philippine Laws
won two international awards for its stand on freedom
of expression. One of its founding directors even won
the Nobel Peace Prize. For championing free
expression, it received a substantial investment offer
from a British philanthropist.
The investment offer comes in the form of funds which
can cover at least 80% of the news agency's operations,
both in print and online. In exchange, however, the
British philanthropist would acquire 51 % of the news
agency's outstanding common and voting stocks, as
well as get a seat for the philanthropist's nominee in the
news agency's gove rning board.
Are the conditions of the investment constitutional?
Explain briefly. (Z0Z0-Zl BAR)
A: No, they are not. They are violative of the provision in the
Constitution which requires all mass media establishments,
including the subject news agency, to be wholly-owned and
managed ( or 100 percent owned and managed) by
Philippine citizens, or by corporations, cooperatives or
associations wholly-owned and managed by such citizens.
(BarQ&A by Cruz, 2022)
Q: BD Telecommunications, Inc. (BDTI), a Filipino-
owned corporation, sold its 1,000 common shares of
stock in the Philippine Telecommunications Company
(PTC), a pubJic utility, to Australian
Telecommunications (AT), another stockholder of the
PTC which also owns 1,000 common shares. A Filipino
stockholder of PTC questions the sale on the ground
that it will increase the common shares of AT, a foreign
company, to more than 40% of the capital (stock) of
PTC in violation of the 40% limitation of foreign
ownership of a public utility. AT argues that the sale
does not violate the 60-40 ownership requirement in
favor of Filipino citizens decreed in Section II, Article
XII of the 1987 Constitution because Filipinos still own
70% of the capital of the PTC. AT points to the fact that
it owns only Z,000 common voting shares and 1,000
non-voting preferred shares while Filipino
stockholders own 1,000 common shares and 6,000
134
 QuAMTO ( 1987-2021)

preferred shares, therefore, Filipino stockholders still vs. Power Sector Assets and Liabilities Management Corp., GR
own a majority of the outstanding capital stock of the No.192088, 9 Oct. 2012)
corporation, and both classes of shares have a par value
of Php 20.00 per share. Decide. (2015 BAR)
G. MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR
A: "The application of the Grandfather Rule is justified by COMPETITION
the circumstance of the case to determine the nationality of
petitioners. The use of the Grandfather Rule as a
"Supplement" to the Control Test is not Prescribed by the
Constitution ... " "The grandfather Rule, standing alone,
should not be used to determine the Filipino ownership and
control in a corporation, as it could result in an otherwise
foreign corporation rendered qualified to perform
nationalized or partly nationalized activities. Hence, it is
only when the control test is first complied with that the
Grandfather Rule may be applied. Put in another manner, if
the subject corporation's Filipino equity falls below the
threshold 60%, the corporation is immediately considered
foreign-owned, in which case, the need to resort to the
Grandfather Rule disappears. As a corollary rule, even if the
60-40 Filipino to foreign equity ratio is apparently met by
the subject or investee corporation, a resort to the
Grandfather Rule is necessary if doubt exists as to the locus
of the "beneficial ownership" and "control." (Narra Nickel
Mining and Development Corporation v. Redmont
Consolidated Mines Corporation, G.R. No. 195580, 28 Jan.
2015)

Q: Pursuant to its mandate to manage the orderly sale,

disposition and privatization of the National Pow er
Corporation's (NPC) generation assets, real estate and
other disposable assets, the Power Sector Assets and
Liabilities Management (PSALM) started the bidding
process for the privatization of Angat Hydro Electric
Power Plant (AHEPP).

After evaluation of the bids, K-Pop Energy Corporation,

a South Korean Company, was the highest bidder.
Consequently, a notice of award was issued to K-Pop.
The Citizens' Party questioned the sale arguing that it
violates the constitutional provisions on the
appropriation and utilization of a natural resource
which should be limited to Filipino citizens and
corporations which are at least 60% Filipino-owned.
The PSALM countered that only the hydroelectric
facility is being sold and not the Angat Dam; and that the
utilization of water by a hydroelectric power plant does
not constitute appropriation of water from its natural
source of water that enters the intake gate of the power
plant which is an artificial structure. Whose claim is
correct? Explain. (2015 BAR)

A: PSALM is correct. Foreign ownership of a hydroelectric

power plant is not prohibited by the Constitution. PSALM
will not retain ownership of the Angat Dam. Angat Dam will
trap the natural flow of water from the river. The water
supplied by PSALM will then be used for power generation.
Once the water is removed from its natural source, it ceases
to be part of the natural resources of the Philippines and
may be acquired by the foreigners. [Initiatives for Dialogue

135 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
XIV. SOCIAL JUSTICE AND HUMAN RIGHTS
A. CONCEPT OF SOCIAL JUSTICE
B. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
C. COMMISSION ON HUMAN RIGHTS
(2005, 2001 BAR)
Q: Squatters and vendors have put up structures in an
area intended for a People's Park, which are impeding
the flow of traffic in the adjoining highway. Mayor Cruz
gave notice for the structures to be removed, and the
area vacated within a month, or else, face demolition
and ejectment. The occupants filed a case with the
Commission on Human Rights (CHR) to stop the
Mayor's move.
The CHR then issued an "order to desis t" against Mayor
Cruz with warning that he would be held in contem pt
should he fail to comply with the desistance order.
When the allotted time lapsed, Mayor Cruz caused the
demolition and removal of the structures. Accordingly,
the CHR cited him for contempt. (2005 BAR)
(a) What is your concept of Human Rights? Does
this case involve v iolations of human rights
within the scope of the CHR's jurisdiction?
A: Under the Universal Declaration of Human Rights, the
International Covenant on Econ omic, Social and Cultural
Rights and International Covenant on Civil and Political
Rights, the scope of human rights includes those that relate
to an individual's social, economic, cultural, political and
civil r elations along with what is generally considered to be
his inherent and inalienable rights, encompassing almost all
aspects of life.
In the case at bar, the land adjoins a busy national highway,
and the construction of the squatter shanties impedes the
flow of traffic. The consequent danger to life and limb
cannot be ignored. It is paradoxical that a right which is
claimed to have been violated is one that cannot, in the first
place, even be invoked, if it is, in fact, extant. Based on the
circumstances obtaining in this instance, the CHR order for
demolition does not fall within the compartment of human
rights violations involving civil and p olitical rights intended
by the Constitution. (Simon v. Commission on Human Rights,
C.R. No. 100150, 05 Jan. 1994)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
(b) Can the CHR issue an "order to desist" or
restraining order?
A: The CHR may not issue an "order to desist" or restraining
order. The constitutional provision directing the CHR to
provide for preventive measures to those whose human
rights have been violated or need protection may not be
construed to confer jurisdiction on the Commission to issue
a restraining order or writ of injunction for, if that were the
intention, the Constitution would have expressly said so.
Jurisdiction is conferred only by the Constitution or by law.
It is never derived by implication. [Export Processing Zone
Authority v. Commission on Human Righ ts, C.R. No. 101476,
14 Apr.1992)
( c) Is the CHR empowere d to declare Mayor Cruz in
contempt? Does it have contempt powers at all?
A: The CHR does not possess adjudicative functions and
therefore, on its own, is not empowered to declare Mayor
Cruz in contem pt for issuing the "order to desist." However,
under the 1987 Constitution, the CHR is constitutionally
authorized, in the exercise of its investigative functions, to
"adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereof in accordance
with the Rules of Court." Accordingly, the CHR, in the course
of an investigation, may only cite or hold any person in
contempt and impose the appropriate penalties in
accordance with the procedure and sanctions provided for
in the Rules of Court. (Carino v. Commission on Human
Rights, C.R. No. 96681, 02 Dec. 1991)
Q: In order to implement a big government flood
control project, the Department of Public Works and
Highw ays (DPWH) and a local government unit (LGU)
removed squatters from the bank of a river and certain
esteros for relocation to another place. Their shanties
w ere demolished. The Commission on Human Rights
(CHR) conducted an investigation and issued an order
for the DPWH and the LGU to cease and desist from
effecting the removal of the squatters on the ground
that the human rights of the squatters were being
violated. The DPWH and the LGU objected to the order
of the CHR. Resolve which position is correct. Reasons.
(2001 BAR)
A: The p osition of the Depar tment of Public Works and
Highways and of the local government unit is correct. As
held in Export Processing Zone Authority v. Commission on
Human Rights {C.R. No. 101476, 14Apr. 1992), no provisi on
in the Constitution or any law confers on the Commission
on Human Rights jurisdiction to issue t emporary
restraining orders or writs of preliminary injunction. The
Commission on Human Rights have no judicial power. Its
powers are merely investiga tory. {UPLC Suggested Answers)
136
 QuAMTO ( 1987-2021)
XV. AMENDMENTS OR REVISIONS OF THE
CONSTITUTION
Q: TRUE or FALSE. A law making "Bayan Ko" the new
national anthem of the Philippines, in lieu of "Lupang
Hinirang," is constitutional. (2009 BAR)
A: TRUE. Congress may by law adopt a new national
anthem, but it shall take effect only upon ratification by the
people in a national referendum. (Sec 2, Art. XVI, 1987
Constitution)
A. PROCEDURE TO AMEND OR REVISE THE
CONSTITUTION
(2019, 2017, 2014, 2004, 1997 BAR)
Q: State the various modes of and steps in revising or
amending the Philippine Constitution. (2017, 1997
BAR)
A: There are three modes of amending the Constitution and
two modes for revising the Constitution.
1. Under Section 1. Article XVIII of the Constitution.
Congress may by three- fourths vote of all its
Members propose any amendment to or revision of
the Constitution. This method is also known as an
amendment or revision by the Congress acting as a
Constituent Assembly.
2. Under the same provision, a co nstitutional
convention may propos e any amendment to or
revision of the Constitution. According to Section 3
Article XVII of the Constitution, Congress may, by a
two- thirds vote of all its Members, call a
constitutional convention or by a majority vote of
all its m embers submit the question of calling such
a convention t o the electorate.
3. Under Section 2, Article XVII of the Constitution,
the people may directly propose amendments to
the Constitution through initiative upon a petition
of at least twelve per cent of the total number of
registered voters, of which every legislative district
must be represented by at least three per cent of
the registered voters therein.
It should be noted that under the 3rd aforementioned
method of initiative, the people may propose only
amendments, not a revision.
According to Section 4 Article XVII of the Constitution, to be
valid any amendment to or revision of the Constitution,
must be ratified by a majority of the votes cast in a
plebiscite.
137
There are two steps involved in the amendment or revision
of the Constitution. The first is the proposal and the second
is the ratification. (Cruz, 2014)
Q: An amendment to or a revision of the present
Constitution maybe proposed by a Constitutional
Convention or by the Congress upon a vote of three-
fourths of all its members. Is there a third way of
proposing revisions of or amendments to the
Constitution? If so, how? (2004 BAR)
A: There is no third way of proposing revisions to the
Constitution; however, the people through initiative upon
petition of at least twelve per cent of the total number of
registered voters, of which every legislative district must be
represented by at least three per cent of the registered
voters in it may directly propose amendments to the
Constitution. This right is not operative without an
implementing law (Section 2, Article XVI, 1987 Const.)
Q: A proposal to change a provision of the 1987
Constitution has been put forth as follows:
Original Text: "The Philippines is a democratic and
republican State. Sovereignty resides in the people and
all government authority emanates from them"
Proposed text: "The Philippines is a democratic and
socialist State. Sovereignty resides in the party and all
government authority emanates from it." (2019 BAR)
(a) Is this an amendment or revision? Explain.
A: The proposal is a revision. Using the qualitative test
provided in the case of Lambino v. COMELEC, the main
inquiry is whether the change will "accomplish such far
reaching changes in the nature of our basic governmental
plan as to amount to a revision." In this case, the proposal
to change where the sovereignty resides-from the people
to the party-definitely alters the nature of the Philippine
government, thus satisfying the test. [Lambino v. COMELEC,
G.R. No.174153, 25 Oct. 2006)
(b) Briefly explain the process to revise the
1987 Constitution.
A: Any revision of the Constitution may be proposed by:
1. The Congress, upon a vote of three-fourths of
all its Members; or
2. A constitutional convention.
The Congress may, by a vote of two-thirds of all its
members, call a constitutional convention, or by a majority
vote of all its Members, submit to the electorate the
question of calling such a convention.
The revision shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the approval of
such amendment or revision. (Secs. 1, 3 & 4, Art XVII, 1987
Constitution)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Q: A priority thrust of the Administration is the change
of the form of government from unitary to federal. The
change can be effected only through constitutional
amendment or revision.
Cite at least three provisions of the Constitution that
need to be amended or revised to effect the change from
unitary to federal, and briefly explain why? (2017 BAR)
A:
1. Sec. 3, Article X must be omitted because the
legislature will no longer define the scope of
the powers of the government.
2. Sec. 4, Article X will have to be omitted. The
President will no longer have the power of
supervision over local governments.
3. Sec. 5, Article X must be omitted. Congress will
no longer be allowed to impose limitations on
the power of taxation of local governments.
NOTE: The panel wishes to recommend liberality in favor
of the examinee for this question, as answers can be gleaned
from many articles and provisions of the Constitution,
among them Articles VI, VII, and X.
Q: With the passage of time, the members of the House
of Representatives increased with the creation of new
legislative districts and the corresponding adjustments
in the number of party-list representatives. At a time
when the House membership was already 290, a gre at
number of the members decided that it was time to
propose amendments to the Constitution. The Senators,
however, were cool to the idea. But the members of the
House insisted. They accordingly convened Congress
into a constituent assembly in spite o f the opposition of
the majority of the members o f the Senate. When the
votes were counted, 275 members of the House of
Representatives approved the proposed amendments.
Only 10 Senators supported such proposals. The
proponents now claim that the proposals were validly
made, since more than the required three-fourths vote
of Congress has bee n obtained. The 14 Senators who
voted against the proposals claim that the proposals
needed not three-fourths vote of the entire Congress
but e ach house. Since the required number of votes in
the Senate w as not obtained, then there could be no
valid proposals, so argued the Senators. Were the
proposals validly adopted by Congress? (2014 BAR)
A: The proposal were not validly adopted, because the ten
(10) Senators who voted in favor of the proposed
amendments constituted less than thr ee-fourths of all the
Members of the Senate. Although Section 1, Article XVII of
the Constitution did not expressly provide that the Senate
and the House of Representatives must vote separately,
when the Legislature consist of two (2) houses, the
determination of one hous e is to be submitted to the
separate determination of the other house. (Miller v. Mardo,
C.R. No. L-15138, 31 July 1961)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
XVI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS,
CULTURE AND SPORTS
A. ACADEMIC FREEDOM
(2013, 2003, 1999, 1993, 1989 BAR)
Q: What is Academic Freedom? Discuss the extent of
Academic Freedom enjoyed by institutions of higher
learning. (2013, 1999, 1989 BAR)
A: Academic freedom is the freedom of a faculty member to
pursue his studies in his particular specialty and thereafter
to make known or publish the result of his endeavors
without fear that retribution would be visited on him in the
event that his conclusions are found distasteful or
objectionable by the powers that be, whether in the
political, economic, or academic establishments. (Reyes v.
Court ofAppeals, C.R. No. 94961, 25 Feb.1991)
It was held that the academic freedom of an institution of
higher learning includes the freedom to determine who may
teach, what may be taught, how it shall be taught, and who
may be admitted t o study. Because of academic freedom, an
institution of higher learning can refuse t o re-enroll a
student who is academically deficient or who has violated
the rules of discipline. Academic freedom grants
institutions of higher learning the discretion to formulat e
rules for the granting of honors. Likewise, because of
academic fre edom, an institution of higher learning can
close a school. (Garcia v. Faculty Admission Committee, C.R.
No. L-40779, 28 Nov.1975)
Q: What is the constitutional provision concerning the
teaching of religion in the elementary and high schools
in the Philippines? Explain. (1999 BAR)
A: Under Sec. 3(3), Art. XIV of the 1987 Constitution, at the
option expressed in writing by the parents or guardians,
religion shall be allowed to be taught to their children or
wards in public elementary and high schools within the
regular class hours by instructors designated or approved
by the religious authorities to which the children or wards
belong, without additional cost to the Government. (UPLC
Suggested Answers)
Q: Give two duties of the state mandated by the
Constitution regarding education. (1999 BAR)
A: The Constitution imposes the following duties regarding
education upon the State:
1. The State shall prot ect and promot e the right of all
citizens to quality education at all levels and shall
take appropriate steps to make such education
accessible to all. (Sec. 1, Art XIV, 1987 Constitution)
2. The State shall establis h, maintain, and support a
complete, adequate, and integrated system of
138
 QuAMTO ( 1987-2021)
education relevant to the needs of the people and
society. (Sec. 2 (1), Art. XIV, 1987 Constitution)
3. The State shall establish and maintain a system of
free public education in the elementary and high
school levels. (Sec. 2 (2), Art. XIV, 1987 Constitution)
4. The State shall establish and maintain a system of
scholarship grants, student loan programs,
subsidies, and other incentives which shall be
available to deserving students in both public and
private schools, especially to the underprivileged.
(Sec. 2 (3), Art. XIV, 1987 Constitution)
5. The State shall encourage non-formal, informal and
indigenous learning systems, as well as self-
learning, independent and out-of-school study
program particularly those that respond to
community needs. (Sec. 2 (4), Art. XIV, 1987
Constitution)
6. The State shall provide adult citizens, the disabled,
and out-of-school youth with training in civics,
vocational efficiency and other skills. (Sec. 2 (SJ,
Art. XIV, 1987 Constitution)
7. The State shall take into account regional and
sectoral needs and conditions and shall encourage
local planning in the development of educational
policies and programs. (Sec. 5 (1), Art. XIV, 1987
Constitution)
8. The State shall enhance the rights of teachers to
professional advancement. Non-teaching academic
and non-academic personnel shall enjoy the
protection of the State. (Sec. 5 (4), Art. XIV, 1987
Constitution)
9. The State shall assign the highest budgetary
priority to education and ensure that teaching will
attract and retain its rightful share of the best
available talents through adequate remuneration
and other means of job satisfa ction and fulfillment.
(Sec. 5 (SJ, Art. XIV, 1987 Constitution)
Q: What is the rule on the number of aliens who may
enroll in educational institutions in the Philippines?
Give the exception to the rule. May such institutions
accept donations from foreign students under the
pretext that such donations are to be used to buy
equipment and improve school facilities? Explain.
(1999 BAR)
A: Under Sec. 4(2), Art. XIV of the 1987 Constitution, no
group of aliens shall comprise more than one-third of the
enrollment in any school. The exception refers to schools
established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for
other foreign temporary residents.
Educational institutions may accept donations from foreign
students. No provision in the Constitution or any law
prohibits it. (UPLC Suggested Answers)
Q: Bobby, an incoming third year college student, was
denied admission by his university, a premiere
educational institution in Manila, after he failed in
three (3) major subjects in his sophomore year. The
139
denial of admission was based on the university's rules
and admission policies. Unable to cope with the
depression that his non-admission triggered, Bobby
committed suicide. His family sued the school for
damages, citing the school's grossly unreasonable rules
that resulted in the denial of admission. They argued
that these rules violated Bobby's human rights and the
priority consideration that the Constitution gives to the
education of the youth. You are counsel for the
university. Explain your arguments in support of the
university's case. (2013 BAR)
A: I shall argue that under Sec. 5 (2), Art. XIV of the 1987
Constitution, the educational institutio n enjoys academic
freedom. Academic freedom includes its rights to prescribe
academic standards, policies, and qualifications for the
admission of a student. (University of San Agustin, Inc. v.
Court ofAppeals, G.R. No. 100588, 7 Mar. 1994J
Q: Children who are members of a religious sect have
been expelled from their respective public schools for
refusing, on account of their religious beliefs, to take
part in the flag ceremony which includes playing by a
band or singing the national anthem, saluting the
Philippine flag, and reciting the patriotic pledge. The
students and their parents assail the expulsion on the
ground that the school authorities have acted in
violation of their right to free public education,
freedom of speech, and religious freedom and worship.
Decide the case. (200 3 BAR)
A: The students cannot be expelled from school. To compel
students to take part in the flag ceremony when it is against
their religious beliefs will violate their religious freedom.
Their expulsion also violates the duty of the State under Sec.
1, Art. XIV, of the 1987 Constitution to protect and promote
the right of all citizens to quality education and make such
education accessible to all. (Ebralinag v. The Division
Superintendent of Schools of Cebu, G.R. No. 95770, 01 Mar.
1993)
Q: Undaunted by his three failures in the National
Medical Admission Test (NMAT), Cruz applied to take it
again, but he was refused because of an order of the
Department of Education, Culture and Sports (DECS)
disallowing flunkers from taking the test a fourth time.
Cruz filed suit assailing this rule raising the
constitutional grounds of accessible quality education,
academic freedom, and equal protection. The
government opposes this, upholding the
constitutionality of the rule on the ground of exercise of
police power. Decide the case discussing the grounds
raised. (2000 BAR)
A: The rule is a valid exercise of police power to ensure that
those admitted to the medical profession are qualified. The
arguments of Cruz are not meritorious. The right to quality
education and academic freedom are not absolute.
[Department of Education, Culture and Sports v. San Diego,
G.R. No. 89572, 21 Dec. 1989)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Under Sec. 5 (3), Art. XIV of the 1987 Constitution, the right
to choose a professi on is s ubject to fair, reasonable and
equitable admission a nd aca demic requirements. The rule
does not violate equal protection. There is a substantial
distinction b etween medical students and other students.
Unlike other professions, the medical profession directly
affects the lives of the people. (UPLC Suggested Answers)
Q: Ting, a student of Bangkerohan University, was given
a failing grade by Professor Mahigpit. Ting confronted
Professor Mahigpit in the corridor after class and a
heated argument ensued. Cooler heads prevented the
verbal war ending in physical confrontation. Mahigpit
left the campus and went shopping in a department
store. Ting saw Mahigpit and without any warning
mauled the latter. Mahigpit filed an administrative
complaint against Ting before the Dean of Students for
breach of university rules and regulations. The Dean set
the complaint for hearing. However, Ting filed a
petition before the RTC to prohibit the Dean and the
school from investigating him contending that the
mauling incident happened outside the school
premises and therefore, outside the school's
jurisdiction. The school and the Dean answered that the
school can investigate Ting since his conduct outside
school hours and even outside of school premises affect
the welfare of the school; and furthermore, the case
involves a student and faculty member. If you were the
judge, how would you decide the case? (1993 BAR)
A: If I were the Judge, I would dismiss the petition. A sch ool
can subject to dis ciplinary a ction a student who assaulted a
professor outside the school premises, because the
misconduct of the student involves his status as, a student
or affects the good name or reputation of the school.
(Angeles v. Sison, C.R. No. L-45551, 16 Feb. 1982) Therefore,
the misconduct of Ting directly affects his s uitability as a
student.
B. CONSTITUTIONAL TAX EXEMPTIONS FOR CERTAIN
EDUCATIONAL INSTITUTIONS
UNIV ER SITY O F S A NTO TO MA S
20 2 2 GOLD EN NOTE S
XVII. PUBLIC INTERNATIONAL LAW
A.CONCEPTS
(2019, 2017, 2008, 2007, 2006, 1991 BAR)
Q: Select any five (5) of the following and explain e a ch,
using examples:
1. Reprisal
2. Retorsion
3. Declaratory Theory of Recognition Principle
4. Recognition of Be lligerency
5. Continental Shelf
6. Exequatur
7. Principle o f Double Criminality (2007, 2019
BAR)
8 . Prote ctive Personality
9. Innocent Passage
10. /us cogens in International Law (1991, 2019
BAR)
A:
1. REPRISAL is a coercive measure short of war,
directed by a state against another, in retaliation
for acts of the latter a nd as means of obtaining
repa ration or satisfa ction for such acts. Reprisal
involves retaliatory acts which by th emselves
would be illegal. For example, for violation of a
treaty by a state, the aggrieved state s eizes on the
high seas the ships of the offending state.
2. RETORSION is a legal but deliberately unfri endly
a ct directed by a state against another in retaliation
for an unfriendly though legal act to compel that
state to alter its unfriendly conduct. An example of
ret orsion is banning exports to the offen ding state.
3. DECLARATORY THEORY OF RECOGNITION is a
th eory a ccor ding t o which r ecognition of a state is
merely an acknowledgment of the fact of its
existence. In other wor ds, the recognized stat e
alr eady exists and can exist even without such
recognition. For example, when other countries
recogniz ed Bangladesh, Banglades h a lready
existed as a state even without such r ecognition.
4. RECOGNITION OF BELLIGERENCY is the formal
a cknowledgment by a third party of the existence
of a state of war between the central government
and a p ortion of that s tate.
Belligerency exists when a sizeable portion of the
territory of a s tate is under the effe ctive control of
an insurgent community whi ch is s eeking to
establish a separate government and the
insurgents are in de facto control of a portion of the
140
 QuAMTO ( 1987-2021)
territory and population, have a political
organization, are able to maintain such control, and
conduct themselves according to the laws of war.
For example, Great Britain recognized a state of
belligerency in the United States during the Civil
War.
5. CONTINENTAL SHELF of a coastal state comprises
the seabed and subsoil of the submarine areas that
extend beyond its territorial sea throughout the
natural prolongation of its land territory to the
outer edge of the continental margin, or to a
distance of 200 nautical miles from the baselines
from which the breadth of the territorial sea is
measured where the outer edge of the continental
shelf does not extend up to that distance.
6. EXEQUATUR is an authorization from the
receiving state admitting the head of a consular
post to the exercise of his functions. For example, if
the Philippines appoints a consul general for New
York, he cannot start performing his functions
unless the President of the United States issues an
exequatur to him.
7. The PRINCIPLE OF DOUBLE CRIMINALITY
requires that the crime for which extradition is
sought must be recognized as a crime by both the
requesting State and the State to which the fugitive
has fled. For example, since murder is a crime both
in the Philippines and in Canada, under the Treaty
on Extradition between the Philippines and
Canada, the Philippines can request Canada to
extradite a Filipino who has fle d to Canada.
[Magallona, 2005)
8. PROTECTIVE PERSONALITY principle is the
principle by which the state exercise jurisdiction
over the acts of an alien even if committed outside
its territory if such acts are adverse to the interest
of the national state.
9. INNOCE NT PASSAGE means the right of
continuous and expeditious navigation of a foreign
ship through the territorial sea of a state for the
purpos e of traversing that sea without entering the
internal waters or calling at a roadstead or port
facility outside internal waters or proceeding to or
from internal waters or a call at such roadstead or
port facility. The passage is innocent so long as it is
not prejudicial to the peace, good order, or security
of the coastal state.
10. JUS COGENS is a peremptory norm of general
international law accepted and recognized by the
international community, as a whole, from which
no derogation is permitted, and which can be
modified only by a subsequent norm of general
international law having the same character. An
example is the prohibition against the use of force.
(Art. 53, Vienna Convention on the Law of Treaties)
141
PRINCIPLE OF COMMAND RESPONSIBILITY
Q: Command responsibility pertains to the
responsibility of commanders for crimes committed by
subordinate members of the armed forces or other
persons subject to their control in international wars or
domestic conflicts. The doctrine has now found
application in civil actions for human rights abuses and
proceedings seeking the privilege of the writ of
Amparo.
What are the elements to be established to hold the
superior or commander liable under the doctrine of
command responsibility? (2017 BAR)
A: The elements to be established in to the superior liable
under the doctrine of command responsibility are as
follows: The existence of a superior-subordinate
relationship between the accused as superior and the
perpetrator of the crime as his subordinate; The superior
knew or had reason to know that the crime was about to be
or had been committed; The superior failed to take the
necessary and reaso nable measures to prevent the criminal
acts or punish the perpetrators thereof (Rodriguez v. GMA,
G.R. Nos. 191805 & 193160, 15 Nov. 2011)
PACTA SUNT SERVANDA AND REBUS SIC STANT/BUS
Q: State A and State B, two sovereign states, enter into a
10-year mutual defense treaty. After five years, State A
finds that the more progressive State B did not go to the
aid of State A when it was threatened by its strong
neighbor State C. State B reasoned that it had to be
prudent and deliberate in reacting to State C because of
their existing trade treaties.
What is the difference between the principles of pacta
sunt servanda and rebus sic stantibus in international
law? (2017 BAR)
A: Pacta sunt servanda means that every treaty in force is
binding upon the States who are parties to it and States
must perform their obligation in good faith. [Deutsche Bank
AG Manila Branch v. Commissioner of Internal Revenue, G.R.
No. 188550, 19 Aug. 2013)
Rebus sic stantibus means that a fundamental change of
circumstances, which occurred with regard to those
existing at the time of the conclusion of a treaty and which
was not foreseen by the parties may not be invoked for
withdrawing from a treaty unless their existence
constituted an essential basis of the consent of the parties
and their effect is to radically transform the extent of the
obligations still to be performed. (Art. 62, Vienna Convention
on the Law of Treaties)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
SOVEREIGNTY
Q: How is state sovereignty defined in International
Law? (2006 BAR)
A: Sovereignty signifies the right to exercise the functions of
a State in regard to a portion of the globe to the exclusion of
any other State. It is the principle of exclusive competence
of a State in regard to its own territory (The Island of Las
Pa/mas Case, 2 Report of International Arbitration Awards
839, 1928).
ALTERNATIVE ANSWER:
State sovereignty is the ability of a state to act without
external controls on the conduct of its affairs. (Fox, 1992)
Q: Is state sovereignty absolute? (2006 BAR)
A: State sovereignty is not absolute. It is subject to
limitations imposed by membership in the family of nations
and limitations imposed by treaty stipulations. (Tanada v
Angara, C.R. No.118295, 02 May 1997)
JUSCOGENS
Q: May a treaty violate international law? If your
answer is in the affirmative, explain when such may
happen. If your answer is in the negative, explain why.
(2008 BAR)
A: YES. A treaty may violate international law (understood
as general international law) if it conflicts with a
peremptory norm or jus cogens of international law. A
treaty is void if at the time of its conclusion, it conflicts with
jus cogens norm. (Art. 53, Vienna Convention on the Law of
Treaties) Moreover, if a new peremptory norm of general
international law emerges, any existing treaty which is in
conflict with that norm becomes void and terminates. (Art.
54, Vienna Convention on the Law of Treaties)
B. RELATIONSHIP BETWEEN INTERNATIONAL AND
NATIONAL LAW
(2 010, 2009, 2006, 2003, 1998, 1997, 1991 BAR)
Q: What is the concept of association under
international law? (2009 BAR)
A: An association is formed when two states of unequal
power voluntarily establish durable links. The associate
delegates certain res ponsibilities to the other, the principal,
while maintaining its status as a state. It is an association
between sovereigns. The associated state arrangement has
usually been used as a transitional device of former colonies
on their way to full independence. (Province of North
Cotabato v. CRP Peace Panel on Ancestral Domain, C.R. No.
183591, 14 Oct. 2008)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
Q: What is the principle of auto-limitation? (2006 BAR)
A: Under the principle of auto-limitation, any state may by
its consent, express or implied, submit to a restriction of its
sovereign rights. There may thus be a curtailment of what
otherwise is a plenary pow er. (Reagan v. CIR, C.R. L-26379,
2 7 Dec. 1969)
Q: What is the relationship between reciprocity and the
principle of auto-limitation? (2006 BAR)
A: By reciprocity, States grants to one another rights or
concessions, in exchange for identical or comparable duties,
thus acquiring a right as an extension of its sovereignty and
at the same time accepting an obligation as a limitation to
its sovereign will, hence, a complementation of reciprocity
and auto-limitation.
Q: What is the doctrine of s overeign immunity in
International Law? (19 98 BAR)
A: By the doctrine of sovereign immunity, a State, its agents,
and property are immune from the judicial process of
another State, except with its consent. Thus, immunity may
be waived, and a State may permit itself to be sued in the
courts of another State.
Sovereign immunity has developed into two schools of
thought, namely, absolute immunity and restrictive
immunity. By absolute immunity, all acts of a State are
covered or protected by Immunity. On the other ha nd,
restrictive imm unity makes a distinction between
governmental or sovereign acts (acta jure imperii) and
nongovernmental, propriety or commercial acts (acta jure
gestiones). Only the first category of acts is covered by
sovereign immunity . The Philippine adheres to the
restrictive immunity school of thought. (UPLC Suggested
Answers)
ALTERNATIVE ANSWER:
In United States vs. Ruiz (C.R. No. L-35645, 22 May 1985), the
Supreme Court explained the doctrine of sovereign
Immunity in international law; "The traditional rule of State
immunity exempts a State from being sued in the courts of
another State without its consent or waiver, this rule is a
necessary consequence of the principles of independence
and equality of states. How ever, the rules of International
Law are not petrified, they are constantly developing and
evolving. Arid because the activities of states have
multiplied, it has been necessary to distinguish them -
between sovereign and government acts Uure imperii) and
private, commercial and proprietary acts Uure gestionis).
The result is that State immunity now extends only to acts
jure imperii." (UPLC Suggested Answers)
Q: What do you understand by the "Doctrine of
Incorporation" in Constitutional Law? (1997 BAR)
A: Doctrine of Incorporation means that the rules of
international law form part of the law of the land and no
142
 QuAMTO ( 1987-2021)
legislative action is required to make them applicable to a
country. The Philippines follows this doctrine, because Sec.
2, Art. II of the 1987 Constitution states that the Philippines
adopts the generally accepted principles of international
law as part of the law of the land. (UPLC Suggested AnswersJ
Q: The dictatorial regime of President A of the Republic
of Gordon was toppled by a combined force led by Gen.
Abe, former royal guards and the secessionist Gordon
People's Army. The new government constituted a
Truth and Reconciliation Commission to look into the
serious crimes committed under President A's regime.
After the hearings, the Commission recommended that
an amnesty law be passed to cover even those involved
in mass killings of members of indigenous groups who
opposed President A. International human rights
groups argued that the proposed amnesty law is
contrary to international law. Decide with reasons.
(2010 BAR)
A: The proposed amnesty law is contrary to international
law. The mass killings of member of indigenous groups
constitute genocide under Article II [a), Convention for the
Prevention and Punishment of the crime of Genocide. The
international norm for the prevention, prosecution and
punishment of Genocide is a peremptory norm of
international law, and therefore, non-derogable.
[Prosecutor v. B lagojevic and Jakie, ICTY, 17 Jan. 2005)
Q: An organization of law students sponsored an inter-
school debate among three teams with the following
assignments and propositions for each team to defend:
Team "A" - International law prevails over municipal
law.
Team "B" - Municipal law prevails over international
law.
Team "C" - A country's Constitution prevails over
international law but international law prevails over
municipal statutes.
If you were given a chance to choose the correct
proposition, w hich would you take and why? (2003
BAR)
A: I shall take the proposition for Team C. International Law
and municipal laws are supreme in their own respective
fields. Neither has hegemony over the other. (Brownlie,
1990) Under Sec. 2, Art. II of the 1987 Constitution, the
generally accepted principles of international law form part
of the law of the land. Since they merely have the force of
law, if it is Philippine courts that will decide the case, they
will uphold the Constitution over international law. If it is
an international tribunal that will decide the case, it will
uphold international law over municipal law. As held by the
Permanent International Court of Justice in the case of the
Polish Nationals in Danzig, a State cannot invoke its own
Constitution to evade obligations incumbent upon it under
international law.
143
ALTERNATIVE ANSWER:
I would take the proposition assigned to Team "C" as being
nearer to the legal reality in the Philippines, namely, "A
country's Constitution prevails over international law, but
international law prevails over municipal statutes".
This is, however, subject to the place of international law in
the Philippine Constitutional setting in which treaties or
customary norms in international law stand in parity with
statutes, and in case of irreconcilable confl ict, this may be
resolved by lex posteriori derogat lex priori as the Supreme
Court obiter dictum in Abbas v. COMELEC (GR. No. 89651,
10 Nov. 1989) holds. Hence, a statute enacted later than the
conclusion or effectivity of a treaty may prevail.
In the Philippine legal system, there are no norms higher
than constitutional norms. The fact that the Constitution
makes generally accepted principles of international law or
conventional international law as part of Philippine law
does not make them superior to statutory law. (Secretary of
Justice v. Lantion, GR. No. 139465, 18 Jan 2000)
Q: The State of Nova, controlled by an authoritarian
government, had unfriendly relations with its
neighboring State, Ameria. Bresia, another neighboring
State, had been shipping arms and ammunitions to
Nova for use in attacking Ameria.
To forestall an attack, Ameria placed floating mines on
the territorial waters surrounding Nova. Ameria
supported a group ofrebels organized to overthrow the
government of Nova and to replace it with a friendly
government.
Nova decided to file a case against Ameria in the
International Court of Justice. (1994 BAR)
(a) On what grounds may Ameria move to dismiss
the case with the ICJ?
A: By virtue of the principle of sovereign immunity, no
sovereign state can be made a party to a proceeding before
the International Court of Justice unless it has given its
consent. If Ameria has not accepted the Jurisdiction of the
International Court of Justice, Ameria can invoke the
defense of lack of jurisdiction. Even if Ameria has accepted
the jurisdiction of the court but the acceptance is limited
and the limitation applies to the case, it may invoke such
limitation its consent as a bar to the assumption of
jurisdiction. If jurisdiction has been accepted, Ameria can
invoke the principle of anticipatory self- defense,
recognized under customary international law, because
Nova is planning to launch an attack against Ameria by
using the arms it bought from Bresia. (UPLC Suggested
Answers)
(b) Decide the case.
A: If jurisdiction over Ameria is established, the case should
be decided in favor of Nova, because Ameria violated the
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
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principle against the use of force and the principle of
nonintervention. The defense of anticipatory self-defense
cannot be sustained, because there is no showing that Nova
had mobilized to such an extent that if Ameria were to wait
for Nova to strike first it would not be able to retaliate.
However, if jurisdiction over Ameria is not established, the
case s hould be decided in favor of Ameria because of the
principle of sovereign immunity. {ibid.)
Q: In February 1990, the Ministry of the Army Republic
of Indonesia, invited bids for the supply of 500,000
pairs of combat boots for the use of the Indonesian
Army. The Marikina Shoe Corporation, a Philippine
corporation, which has no branch office and no assets
in Indonesia, submitted a bid to supply 500,000 pairs of
combat boots at U.S. $30 per pair delivered in Jakarta
on or before 30 October 1990.
The contract was awarded by the Ministry of the Army
to Marikina Shoe Corporation and was signed by the
parties in Jakarta. Marikina Shoe Corporation was able
to deliver only 200,000 pairs of combat boots in Jakarta
by 30 October 1990 and it received payment for
100,000 pairs or a total of U.S. $3,000,000.00. The
Ministry of the Army promised to pay for the other
100,000 pairs already delivered as soon as the
remaining 300,000 pairs of combat boots are delivered,
at which time the said 300,000 pairs will also be paid
for. Marikina Shoe Corporation failed to deliver any
more combat boots.
On 1 June 1991, the Republic of Indonesia file d a n
action before the Regional Trial Court of Pasig, Rizal to
compel Marikina Shoe Corporation t o perform the
balance of its obligations under the contract and for
damages. In its answer, Marikina Shoe Corporation sets
up a counterclaim for U.S. $ 3,000,000.00 representing
the payment for the 100,000 p airs of combat boots
already delivered but u npaid.
Indonesia moved to dismiss the counterclaim, asserting
that it is entitle d to s overeign immunity from suit. The
trial court denied the motion to dismiss and issued two
writs of garnishment upon Indonesian Government
funds deposited in the Philippine National Bank and
Far East Bank. Indonesia went to the Court of Appeals
o n a petition for certiorari under Rule 65 of the Rules of
Court. How would the Court of Appeals decide the case?
(1991 BAR)
A: The Court of Appeals should dismiss the petition insofar
as it seeks to annul the order denying the motion of the
Government of Indonesia t o dismiss the counterclaim. The
counterclaim in this case is a compulsory counterclaim
since it arises from the same contract involved in the
complaint. As such it must be set up otherwise it will be
barred. Above a ll, as held in Froilan v. Pan Oriental Shipping
Co., {C.R. No. l-6060, 30 Sept.1954) by filing a complaint, the
State of Indonesia waived its immunity from suit. It is not
right that it can sue in the courts, but it cannot be sued. The
defendant therefore acquires the right to set up a
compulsory counterclaim against it.
UNIVERSITY OF S ANTO TOMAS
20 22 GOLDEN NOTES
However, the Court of Appeals should grant the petition of
the Indonesian government insofar as it sought to a nnul the
garnishment of the funds of Indonesia which were
deposited in the Philippine National Bank and Far East
Bank. Consent to the exercise of jurisdiction of a foreign
court does not include waiver of the separate immunity
from execution. (Brownlie, 1990) Th us, the consent to be
sued does not give consent to the attachment of the
property of a sovereign government. (Dexter v. Carpenter vs.
Kung lig Jarnvagsstyrelsen 43 Fed. 705, 14 July 1930)
C. SOURCES OF OBLIGATIONS IN INTERNATIONAL LAW
(2012, 2009, 2008, 2003 BAR)
Q: What are the sources of International Law? (2012
BAR)
A: The following are the sources of International Law:
a. International conventions, whether general or
particular, establishing rules expressly recognized
by the contesting states;
b. International custom, as evidence of a general
practice accepted as law;
c. The general principles of law recognized by
civilized nations. (UPLC Suggested Answers)
Q: Under international law, differentiate "hard law"
from" soft law". (2009 BAR)
A: Soft law is an expression' of non-binding norms,
principles and practices that influence State behavior. On
the other hand, hard law involves binding rules of
international law. (Pharmaceutical and Health Care
Association of the Philippines v. Duque, C.R. No. 173034, 09
Oct. 2007)
Q: The legal yardstick in determining whether usage
has become customary international law is expressed
in the maxim opinio juris sive necessitates or opinio
juris for short. What does the maxim mean? (2008 BAR)
A: Opinio juris sive necessitates means the common belief
among states and actors that a certain practice is obligatory.
This is the subjective or psychological requirement of
customary law that makes state practice a binding rule of
customary international law. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
To establish customary international law, two elements
must concur : the general state practice and opinio juris sire
necessitatis. State practice refers to the continuous
repetition of the same or similar kind of acts or norms by
states. Opinio juris requires that the state pra ctice or norm
be carried out in such a way as to be evidence of the belief
that it is obligatory by the existence of a rule of law
requiring it. (Bayan Muna v. Romulo, C.R. No.159618, 01 Feb.
2011)
144
 QuAMTO ( 1987-2021)

Q: State your general understanding of the primary

sources and subsidiary sources of international law, D. SUBJECTS
giving an illustration of each. (2003 BAR) (2004, 1998, 1992 BAR)

A: Under Article 38 of the Statute of the International Court

ofJustice, the primary sources of international law are the
Q: Distinguish: The constitutive theory and the
following:
declaratory theory concerning recognition of states.
(2004 BAR)
1. International conventions, e.g., Vienna Convention
on the Law of Treaties.
A: According to the CONSTITUTIVE THEORY, recognition is
2. International customs, e.g., cabotage, the
the last indispensable element that converts the state being
prohibition against slavery, and the prohibition
recognized into an international person.
against torture.
3. General principles of law recognized by civilized
According to the DECLARATORY THEORY, recognition is
nations, e.g., prescription, res judicata, and due
merely an acknowledgment of the pre-existing fact that the
process.
state being recognized is an international person. (Cruz,
2003)
The subsidiary sources of international law are judicial
decisions, subject to the provisions of Article 59, e.g., the
Q: Distinguish between de facto recognition and de jure
decision in the Anglo- Norwegian Fisheries Case and
recognition of states. (1 998 BAR)
Nicaragua v. United States, and teachings of the most highly
qualified publicists of various nations, e.g., Human Rights in
A: The following are the distinctions between de facto
International Law by Lauterpacht and International Law by
recognition and de j ure recognition of a government:
Oppenheim-Lauterpacht. (UPLC Suggested Answers)

a. De facto recognition is provisional, de jure

ALTERNATIVE ANSWER:
recognition is relatively permanent;
b. De facto recognition does not vest title in the
Reflecting general international law, Article 38(1) of the
government to its properties abroad; de Jure
Statute of the International Court of Justice is understood as
recognition does;
providing for international convention, international
c. De facto recognition is limited to certain juridical
custom, and general principles oflaw as primary sources of
relations; de jure recognition brings about full
international law, while indicating that judicial decis ions
diplomatic relations. (Cruz. 1996)
and teachings of the most highly qualified publicists as
"subsidiary means for the determination of t he rules of
ALTE RNATIVE ANSWER:
law."

The distinction between de facto recognition and de jure

The primary sources may be considered as fo rmal sources
recognition of a State is not clear in international law. It is,
in that they are the metho ds by which norms of
however, usually assumed as a point of distinction that
international law are created and recognized. A
while de facto recognition is provisional and hence may be
conventional or treaty norm comes into being by
withdrawn, de jure recognition is final and cannot be
established treaty-making procedures and a customary
withdrawn.
norm is the pro duct of the formation of general practice
accepted as law.
Q: The Japanese Government confirmed that during the
Second World War, Filipinas were among those
By way of illustrating International Convention as a source
conscripted as "comfort women" (or prostitutes) for
of law, we may refer to the principle embodied in Article 6
Japanese troops in various parts of Asia. The Japanese
of the Vienna Convention on the Law of Treaties which
Government has accordingly launched a goodwill
reads: "Every State possesses capacity to conclude treaties".
campaign and has offered the Philippine Government
It tells us what the law is and the process or method by
substantial assistance for a program that will promote
which it came into being. International Custom may be
- through government and non- governmental
concretely illustrated by pacta sunt servanda, a customary
organizations - women's rights, child welfare,
or general norm which came about through extensive and
nutrition and family health care.
consistent practice by a great number of states recognizing
it as obligatory. The subsidiary means serves as evidence of
An executive agreement is about to be signed for that
law. (ibid.)
purpose. The agreement includes a clause whereby the
Philippine Government acknowledges that any liability
to the "comfort women" or their descendants are
deemed covered by the reparations agreements signed
and implemented immediately after the Second World
War. Juliano Iglesias, a descendant of a now deceased

145 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
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comfort woman, seeks your advice on the validity of the
agreement. Advise him. (1992 BAR)
A: The agreement is valid. The comfort women and their
descendants cannot assert individual claims against Japan.
As stated in Davis & Moore vs. Regan (453 U,S. 654,02 July
1981), the sovereign authority of a State to settle claims of
its nationals against foreign countries has repeatedly been
recognized. This may be made without the consent of the
nationals or even without consultation with them. Since the
continued amity between a State and other countries may
require a satisfactory compromise of mutual claims, the
necessary power to make such compromises has been
recognized. The settlement of such claims may be made by
executive agreement. (UPLC Suggested Answers)
1. STATES
2. INTERNATIONAL ORGANIZATIONS
3. INDIVIDUALS
E. REQUISITES OF STATEHOOD
a. Only states may be parties in cases before it. (Art.
34, Statute of the International Court ofjustice)
b. The consent of the parties is needed for the court
to acquire jurisdiction over a case. (Art. 36, Statute
of the International Court ofjustice)
1. BASIS OF JURISDICTION
a. TERRITORIALITY PRINCIPLE
(2009, 2005 BAR)
Q: William, a private American citizen, a university
graduate and frequent visitor to the Philippines, was
inside the U.S. embassy when he got into a heated
argument with a private Filipino citizen. Then, in front
of many shocked witness es, he killed the person he was
arguing with. The police came, and brought him to the
nearest police station. Upon reaching the station, the
police investigator, in halting English, informed
William of h is Miranda rights, and assigned him an
independent local counsel. William refused the
services of the lawyer, and insisted that he be assisted
by a Filipino lawyer currently based in the U.S. The
re quest was denied, and the counsel assigned by the
police stayed for the duration of the investigation.

William protested his arrest. He argued that since the

F. JURISDICTION OF STATES incident took place inside the U.S. embassy, Philippine
(2010, 1999 BAR) courts have no jurisdiction because the U.S. embassy
grounds are not part of Philippine territory; thus,
technically, no crime under Philippine law was
committed. Is William correct? Explain your answer.
CONFLICTS OF JURISDICTION
(2009 BAR)

Q: Compare and contrast the jurisdiction of the

A: William is not correct. The premis es occupied by the
International Criminal Court and International Court of
United States Embassy do not constitute t erritory of the
Justice. (2010 BAR)
United Stated but of the Philippines. Crimes committed
within them are subject to the territorial jurisdiction of the
A:
Philippines. Since William has no diplomatic immunity, the
Philippines can prosecute him if it acquires custody over
a. The jurisdiction of the International Court of
him. (Reagan v. Commissioner ofInternal Revenue, C.R. No. L-
Justice (!CJ) pertains to international responsibility
26379, 27 Dec. 1969)
in the concept of civil liability, while that of the
International Criminal Court (ICC) pertains to
Q: If William applies for bail, claiming that he is entitled
criminal liability.
thereto under the "international standard of justice"
b. While states are the subject of law in international
and that he comes from a U.S. State that has outlawed
responsibility under the jurisdiction of the
capital punishment, should William be granted bail as a
International Court of Justice, the criminal liability
matter ofright? Reasons. (2009 BAR)
within the juris diction of the International Criminal
Court pertains to individual natural person. (Art. 34
A: William is not entitled to bail as a matter of right. He is
{i), Statute of the International Court of]ustice; Arts.
subject to Philippine criminal jurisdiction, therefore, his
25 and 27, Statute of the International Criminal
right to bail must be determined on the basis of Sec. 13, Art.
Court)
III of the 1987 Constitution. Under our law, bail is not a
matter of right if the fel ony committed has an imposable
Q: Under its Statute, give two limitations on the
penalty of reclusion perpetua or higher and the evidence of
jurisdiction of the International Court of Justice? (1999
guilt is strong. (UPLC Suggested Answers)
BAR)

Q: Police Officer Henry Magiting of the Narcotics Section

A: The following are the limitations on the jurisdiction of
of the Western Police District applied for a search
the International Court of Justice under its Statute:
warrant in the Regional Trial Court of Manila for
violation of Section 11, Article II (Possession of

UNIVERSITY OF SANTO TOMAS 146

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
Prohibited Drugs) of Republic Act (R.A.) No. 9165
(Comprehensive Dangerous Drugs Act of 2002) for the
search and seizure of heroin in the cabin of the Captain
of the MSS Seastar, a foreign-registered vessel which
was moored at the South Harbor, Manila, its port of
destination.
Based on the affidavits of the applicant's witnesses who
were crew members of the vessel, they saw a box
containing ten (10) kilograms of heroin under the bed
in the Captain's cabin. The RTC found probable cause
for the issuance of a search warrant; nevertheless, it
denied the application on the ground that Philippine
courts have no criminal jurisdiction over violations of
R.A. No. 9165 committed on foreign-registered vessels
found in Philippine waters. Is the ruling of the court
correct? Support your answer with reasons. (2005
BAR)
A: The RTC may assert its jurisdiction over the case by
invoking the territorial principle, which provides that
crimes committed within a state's territorial boundaries
and persons within that territory, either permanently or
temporarily, are subject to the application of local law.
Jurisdiction may also be asserted on the basis of the
universality principle, which confers upon all states the
right to exercise jurisdiction over delicta juris gentium or
international crimes, such as the international traffic
narcotics. The possession of 10 kilos of heroin constitutes
commercial quantity and therefore qualifies as trafficking of
narcotics.
Consequently, the denial of the search warrant should have
been anchored on the failure of the court to conduct
personal examination of the witnesses to the crime in order
to establish probable cause, as required by Sections 3 and 4
of Rule 126. In any event, there is no showing that the
requisite quantum of probable cause was established by
mere reference to the affidavits and other documentary
evidence presented. (UPLC Suggested Answers)
b. NATIONALITY PRINCIPLE AND STATELESSNESS
Q:
(a) Who are stateless persons under International
Law? (1995 BAR)
A: STATELESS PERSONS are those who are not considered
as nationals by any State under the operation of its laws.
(UPLC Suggested Answers)
(b) What are the consequences of statelessness?
A: The consequences of statelessness are the following:
i. No State can intervene or complain in
behalf of a stateless person for an
international delinquency committed by
another State in inflicting injury upon him.
ii. He cannot be expelled by the State if he is
lawfully in its territory except on grounds
of national security or public order.
147
iii. He cannot avail himself of the protection
and benefits of citizenship like securing for
himself a passport or visa and personal
documents. (ibid.)
(c) Is a stateless person entirely without right,
protection or recourse under the Law of
Nations? Explain.
A: NO. Under the Convention in Relation to the Status of
Stateless Person, the contracting states agreed to accord to
stateless persons within their territories treatment at least
as favorable as that accorded to their nationals with respect
to freedom of religion, access to the courts, rationing of
products in short supply, elementary education, public
relief and assistance, labor legislation and social security.
They also agreed to accord to them treatment not less
favorable than that accorded to aliens generally in the same
circumstances. The Convention also provides for the
issuance of identity papers and travel documents to
stateless person. (ibid.)
( d) What measures, if any, has International Law
taken to prevent statelessness?
A: In the Convention on the Conflict of Nationality Laws of
193 0, the contracting states agreed to accord nationality to
persons born in their territory who would otherwise be
stateless. The Convention on the Reduction of Statelessness
of 1961 provides that if the law of the contracting States
results in the loss of nationality as a consequence of
marriage or termination of marriage, such loss must be
conditional upon possession or acquisition of another
nationality. (ibid.)
ALTERNATIVE ANSWER: Under the Convention on the
Reduction of Statelessness of 1961, a contracting state shall
grant its nationality to a person born in its territory who
would otherwise be stateless, and a contracting state may
not deprive a person or a group of persons of their
nationality for racial, ethnic, religious or political grounds.
(ibid.)
c. PROTECTIVE PRINCIPLE
d. UNIVERSALITY PRINCIPLE
e. PASSIVE PERSONALITY PRINCIPLE
2. EXEMPTIONS FROM JURISDICTION
a. STATE IMMUNITY FROM SUIT
b. ACT OF STATE DOCTRINE
Q: Define Act of State Doctrine. (2019 BAR)
A: The Act of State Doctrine is the recognition by a country
of the legal and physical consequences of all acts of state in
other countries. The doctrine recognizes the attributes and
prerogatives of sovereignty. It recognizes that the world is
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
composed of independent sovereigns, the sovereign power
of each of which is exclusive within its own national
territory. (Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398,
23 Mar. 1964)
c. DIPLOMATIC IMMUNITY
(2018,201~2014, 2005,2004,
2003, 2001, 2000, 1995 BAR)
Q: What is the right of legation, and how is it
undertaken between states? Explain your answer.
(2017 BAR)
A: The right of legation is the right accorded to a State to be
represented by an ambassador or diplomatic agent in
another State. (Coquia and Defesnor-Santiago, 2005)
Q:
(a) Discuss the differences, if any, in the privileges
or immunities of diplomatic envoys and
consular officers from the civil or criminal
jurisdiction of the receiving state. (1995 BAR)
A: Under Article 32 of the Vienna Convention on Diplomatic
Relations, a diplomatic agent shall enjoy immunity from the
criminal jurisdiction of the receiving State. He shall also
enjoy immunity from its civil and administrative
Jurisdiction except in the cas e of:
a. A real action relating to private immovable
property situated in the territory of the
receiving State, unless he holds it on behalf of
the sending State for the purposes of the
mission;
b. An action relating to succession in which the
diplomatic agent is invoked as executor,
administrator, heir or legatee as a private
person and not on behalf of the sending State;
c. An action r elating t o any professional or
commercial activity exercised by the
diplomatic agent in the receiving State outside
his official functions. (UPLC Suggested
Answers)
On the other hand, under Article 41 of the Vienna
Convention on Consular Relations, a consular officer does
not enjoy immunity from the Criminal jurisdiction of the
receiving State. Under Article 43 of the Vienna Convention
on Consular Relations, consular officers are not amenable to
the jurisdiction of the judicial or administrative authorities
of the receiving State in respect of acts performed in the
exercise of consular functi ons. However, this does not apply
in res pect of a civil action either:
a. arising out of a contract concluded by a
consular officer in which he did not contract
expressly or impliedly as an agent of the
sending State; or
b. by a third party for damage arising from an
accident in the receiving State caused by a
vehicle, vessel, or aircraft. (ibid.)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
(b) A consul of a South American country stationed
in Manila was charged with serious physical
mJuries. May he claim immunity from
jurisdiction of the local court? Explain.
A: NO. he may not claim immunity from the jurisdiction of
the local court. Under Article 41 of the Vienna Convention
of Consular Relations, consuls do not enjoy immunity from
the criminal jurisdiction of the receiving State. He is not
liable to arrest or detention pending trial unless the offense
was committed against his father, mother, child, ascendant,
descendant or spouse. Consuls are not liable to arrest and
detention pending trial except in the case of a grave crime
and pursuant to a decision by the competent judicial
authority. The crime of physical injuries is n ot a grave crime
unless it be committed against any of the above-mentioned
persons. (Schneckenburger v. Moran, L-44896, 31 July 1936)
( c) Suppose after he w as charged, he was
appointed as his country's ambassador to the
Philippines. Can his newly-gained diplomatic
status be a ground for dismissal of his criminal
case? Explain.
A: YES, the case should be dismissed. Under Article 40 of the
Vienna Convention on Diplomatic Relations, if a diplomatic
agent is in the territory of a third State, which has granted
him a passport visa if such visa was necessary, while
proceeding to take up his post, the third State shall accord
him inviolability and such other immunities as may be
required to ensure his transit. (UPLC Suggested Answers)
Q: Andreas and Aristotle are foreign nationals working
w ith the Asian Development Bank (ADS) in its
headquarters in Manila. Both were charged with
criminal acts before the local trial courts.
Andreas was caught importing illegal drugs into the
country as part of his "personal effects" and was thus
charged with violation of Comprehensive Dangerous
Drugs Act of 2002. Before the criminal proceedings
could commence, the President had him deported as an
undesirable alien. Aristotle was charged with grave
oral defamation for uttering defamatory words against
a colleague at work. In his defense, Aristotle claimed
diplomatic immunity. He presented as proof a
communication from the Department of Foreign Affairs
stating that, pursuant to the Agreement between the
Philippine Government and the ADS, the bank's officers
and staff are immune from legal processes with respect
to acts performed by them in their official capacity.
Is Aristotle's claim of diplomatic immunity proper?
(2018 BAR)
A: The claim of diplomatic immunity is improper. Courts
cannot blindly adhere to and take on its face the
communication from the DFA that Aristotle is covered by an
immunity . The DFA's determination that a certain person is
covered by immunity is only preliminary and has no
binding effect on courts. Besides, slandering a person
148
 QuAMTO ( 1987-2021)
cannot possibly be covered by the immunity agreement
because our laws do not allow the commission of a crime,
such as defamation, under the guise of official duty. Under
the Vienna Convention on Diplomatic Relations, a
diplomatic agent enjoys immunity from criminal
jurisdiction of the receiving state except in the case of an
action relating to any professional or commercial activity
exercised by the diplomatic agent outside his official
functions in the receiving state. The commission of a crime
is not part of official duty. [Liang vs. People, G.R. No. 125865,
28Jan. 2000)
Q: Ambassador Robert of State Alpha committed a very
serious crime while he headed his foreign mission in
the Philippines. Is he subject to arrest by Philippine
authorities? Explain your answer (2017 BAR)
A: NO, he is not subject to arrest by Philippines authorities.
Under the Vienna Convention on Diplomatic Relations
(VCDR), a diplomatic agent shall enjoy immunity from the
criminal jurisdiction of the receiving State. As a
consequence,Art. 29 of the Vienna Convention on Diplomatic
Relations provides: The person of a diplomatic agent shall
be inviolable. He shall not be liable to any form of arrest or
detention.
Q: Ambassador Gaylor is State Juvenus diplomatic
representative to State Hinterlands. During one of his
vacations, Ambassador Gaylor decided to experience
for himself the sights and sounds of State Paradise, a
country known for its beauty and other attractions.
While in State Paradise, Ambassador Gaylor was caught
in the company of children under suspicious
circumstances. He was arrested for violation of the
strict anti-pedophilia statute of State Paradise. He
claims that he is immune from arrest and incarceration
by virtue of his diplomatic immunity. Does the claim of
Ambassador Gaylor hold water? (2014 BAR)
A: Ambassador Gaylor cannot invoke his diplomatic
immunity. In accordance with Art. 31 (1) of Vienna
Convention of Diplomatic Relations, since State Paradise is
not his receiving state, he does not enjoy diplomatic
immunity within its territory. Under Art. 40 (1) of the Vienna
Convention of Diplomatic Relations, he cannot be accorded
diplomatic immunity in State Paradise, because he is not
passing through it to take up or return to his post or to
return to State Juvenus. (UPLC Suggested Answers)
Q: Adams and Baker are American citizens residing in
the Philippines. Adams befriended Baker and became a
frequent visitor at his house. One day, Adams arrived
with 30 members of the Philippine National Police,
armed with a search warrant authorizing the search of
Baker's house and its premises for dangerous drugs
being trafficked to the United States of America.
The search purportedly yielded positive results, and
Baker was charged with Violation of the Dangerous
Drugs Act. Adams was the prosecution's principal
149
witness. However, for failure to prove his guilt beyond
reasonable doubt, Baker was acquitted.
Baker then sued Adams for damages for filing trumped-
up charges against him. Among the defenses raised by
Adams is that he has diplomatic immunity, conformably
with the Vienna Convention on Diplomatic Relations.
He presented Diplomatic Notes from the American
Embassy stating that he is an agent of the United States
Drug Enforcement Agency tasked with "conducting
surveillance operations" on suspected drug dealers in
the Philippines believed to be the source of prohibited
drugs being shipped to the U.S. It was also stated that
after having ascertained the target, Adams would then
inform the Philippine narcotic agents to make the
actual arrest. (2005 BAR)
(a) As counsel of plaintiff Baker, argue why his
complaint should not be dismissed on the
ground of defendant Adams' diplomatic
immunity from suit.
A: As counsel for Baker, I would argue that Adams is not a
diplomatic agent considering that he is not a head of
mission nor is he part of the diplomatic staff that is accorded
diplomatic rank Thus, the suit should not be dismissed as
Adams has no diplomatic immunity under the 1961 Vienna
Convention on Diplomatic Relations. (UPLC Suggested
Answers)
(b) As counsel of defendant Adams, argue for the
dismissal of the complaint.
A: As counsel for Adams, I would argue that he worked for
the United States Drug Enforcement Agency and was tasked
to conduct surveillance of suspected drug activities within
the country with the approval of the Philippine government.
Under the doctrine of State Immunity from Suit, if the acts
giving rise to a suit are those of a foreign government done
by its foreign agent, although not necessarily a diplomatic
personage, but acting in his official capacity, the complaint
could be barred by the immunity of the foreign sovereign
from suit without its consent. Adams may not be a
diplomatic agent but the Philippine government has given
its imprimatur, if not consent, to the activities within
Philippine territory of Adams and thus he is entitled to the
defense of state immunity from suit. (Minucher v. CA, G.R.
No. 142396, 11 Feb. 2003)
Q: Italy, through its Ambassador, entered into a
contract with Abad for the maintenance and repair of
specified equipment at its Embassy and Ambassador's
Residence, such as air conditioning units, generator
sets, electrical facilities, water heaters, and water
motor pumps. It was stipulated that the agreement
shall be effective for a period of four years and
automatically renewed unless cancelled. Further, it
provided that any suit arising from the contract shall be
filed with the proper courts in the City of Manila.
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Claiming that the Maintenance Contract was
unilaterally, baselessly and arbitrarily terminated,
Abad sued the State of Italy and its Ambassador before
a court in the City of Manila. Among the defenses, they
raised were "sovereign immunity" and "diplomatic
immunity." (ZOOS BAR)
(a) As counsel of Abad, refute the defenses of
"sovereign immunity" and "diplomatic
immunity" raised by the State of Italy and its
Ambassador.
A: As counsel for Abad, I will argue that sovereign immunity
will not lie as it is an established rule that when a State
enters into a contract, it waives its immunity and allows
itself to be sued. Moreover, there is a provision in the
contract that any suit arising therefrom shall be filed with
th e proper courts of the City of Manila. (UPLC Suggested
Answers)
On the issue of diplomatic immunity, I will assert that the
act of the Ambassador unilaterally terminating the
agreement is tortuous and done with malice and bad faith
and not a sovereign or diplomatic function. (ibid.)
(b) At any rate, what should be the court's ruling on
the said defenses?
A: The court s hould rule against said defenses. The
maintenance contract and repair of the Embassy and
Ambassador's Residence is a contract injus imperii, b ecause
such repair of said buildings is indispensable to the
performance of the official functions of the Government of
Italy. Hence, the contract is in pursuit of a sovereign activity
in which case, it cannot be deemed t o have waived its
immunity from s uit. (UPLC Suggested Answers)
On the matter of whether or not the Ambassador may be
su ed, Article 31 of the Vienna Convention on Diplomatic
Relations provides that a diplomatic agent enjoys immunity
from the criminal, civil and administrative juris diction of
th e receiving state except if the act performed is outside his
official functions, in accordance with the principle of
functional necessity. In this case, the act of entering into the
contract by the Ambassador was part of his official
functions and thus, he is entitled to diplomatic immunity.
(Republic of Indonesia v. Vinzon, C.R. No. 154705 26 June
2003)
Q: MBC, an alien businessman dealing in carpets and
caviar, filed a suit against policemen and YZ, an attache
of XX Embassy, for damages because of malicious
prosecution. MBC alleged that YZ concocted false and
malicious charges that he was engaged in drug
trafficking, whereupon narcotics policemen conducted
a "buy-bust" operation and without warrant arrested
him, searched his house, and seized his money and
jewelry, then detained and tortured him in violation of
his civil and human rights as well as causing him, his
family and business serious damages amounting to two
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
million pesos. MBC added that the trial court acquitted
him of the drug charges.
Assailing the court's jurisdiction: YZ now moves to
dismiss the complaint, on the ground that:
1. he is an embassy officer entitled to diplomatic
immunity; and,
Z. the suit is really a suit against his home state
without its consent. He presents diploma tic
notes from XX Embassy certifying that he is an
accredited embassy officer recognized by the
Philippine government. He performs official
duties, he says, on a mission to conduct
surveillance on drug exporters and then inform
local police officers w ho make the actual arrest
of suspects.
Are the two grounds cited by VZ to dismiss the suit
tenable? (2004 BAR)
A: The cla im of diplomatic immunity of YZ is not tenable,
because he does not possess an acknowledged diplomatic
title and is not performing duties of a diplomatic nature.
However, the suit against him is a suit against XX without its
consent. YZ was acting as an agent of XX and was
performing his offi cial functions when he conducted
surveillan ce on drug exporters and informed the local
police officers who arrested MBC. He was performing such
duties with the consent of the Philippine government,
therefore, the suit against YZ is a suit against XX without its
consent. (Minucher v. Court of Appeals, C.R. No. 142396, 11
Feb. 2003)
Q: A group of high-ranking officials and rank-and-file
employees stationed in a foreign embassy in Manila
w ere arrested outside embassy grounds and detained
at Camp Crame on suspicion that they were actively
collaborating with "terrorists" out to overthrow or
destabilize the Philippine Government. The Foreign
Ambassador sought their immediate release, claiming
that the detained embassy officials and employees
enjoyed diplomatic immunity. If invited to express your
legal opinion on the matter, what advice would you
give? (2003 BAR)
A: I shall advice that the high-ranking officials and rank-
and- file employees be released because of their diplomatic
immunity. The person of a diplomatic agent shall be
inviolable. He shall not be liable to any form of arrest or
detention. (Art. 29 of the Vienna Convention on Diplomatic
Relations)
Under Art. 37 of the Vienna Convention on Diplomatic
Relations, members of the administrative and technical staff
of the diplomatic mission shall, if they are not nationals of
or permanent residents in the receiving State, enjoy the
privileges and immunities specified in Art. 29.
Under Art. 9 of the Vienna Convention on Diplomatic
Relations, the remedy is to declare the high-ranking officials
150
 QuAMTO ( 1987-2021)

and rank-and-file employees personae non gratae and ask
them to leave. (UPLC Suggested Answers)
Q: Dr. Velen, an official of the World Health
Organization (WHO) assigned in the Philippines,
arrived at the Ninoy Aquino International Airport with
his personal effects contained in twelve crates as
unaccompanied baggage. As such, his personal effects
were allowed free entry from duties and taxes and were
directly stored atArshaine Corporation's warehouse at
Makati, pending Dr. Velen's relocation to his
permanent quarters.
A: NO, the lessor cannot ask the court to stop the departure
of the ambassador from the Philippines. Under Art. 29 of the
Vienna Convention, a diplomatic agent shall not be liable to
any form of arrest or detention. (ibid.)
d. INTERNATIONAL ORGANIZATIONS AND ITS
OFFICERS
F. GENERAL PRINCIPLES OF TREATY LAW
(2017, 2012, 2008, 2003 BAR)

At the instance of police authorities, the Regional Trial

Q: State A and State B, two sovereign states, enter into a
Court (RTC) of Makati issued a warrant for the search
10-year mutual defense treaty. After five years, State A
and seizure of Dr. Velen's personal effects in view ofan
finds that the more progressive State B did not go to the
alleged violation of the Tariff and Custom's Code.
aid of State A when it was threatened by its strong
According to the police, the crates contained
neighbor State C. State B reasoned that it had to be
contraband items. Upon protest of WHO officials, the
prudent and deliberate in reacting to State Cbecause of
Secretary of Foreign Affairs formally advised the RTC as
their existing trade treaties. (2017 BAR)
to Dr. Velen's immunity. The Solicitor General likewise
joined Dr. Velen's plea of immunity and motion to
(a) May State A now unilaterally withdraw from its
quash the search warrant. The RTC denied the motion.
mutual defense treaty with State B? Explain
Is the denial of the motion to quash proper? (2001 BAR)
your answer.

A: The denial of the motion is improper. As held in World

A: State A may unilaterally withdraw from the mutual
Health Organization v. Aquino, 48 SCRA 242, as an official of
defense treaty, State B committed a material breach of the
the World Health Organization, Dr. Velen enjoyed
treaty by failing to come to the aid of State A (Art. 60, Vienna
diplomatic immunity and this included exemption from
Convention on the Law of Treaties; Kolb, 2016; Aust,2013)
duties and taxes. Since diplomatic immunity involves a
political question, where a plea of diplomatic immunity is
(b) Are the principles of pacta sunt servanda and
recognized and affirmed by the Executive Department, it is
rebus sic stantibus relevant in the treaty
the duty of the court to accept the claim of immunity. (UPLC
relations between State A and State B? What
Suggested Answers)
about in the treaty relations between State B
and State C? Explain your answer.
Q: A foreign ambassador to the Philippines leased a
vacation house in Tagaytay for his personal use. For
A: YES. Pacta sunt servanda was what bound State A and
some reason, he failed to pay rentals for more than one
State B to comply with their obligations under their mutual
year. The lessor filed an action for the recovery of his
defense treaty, despite the existing trade agreements
property in court. (2000 BAR)
between State Band State C. Art. 62 of the Vienna Convention
on the Law of Treaties, which enunciates the doctrine of
(a) Can the foreign ambassador invoke his
rebus sic stantibus, on the other hand, can be invoked by
diplomatic immunity to resist the lessor's
State B as the reason why it did not comply with its mutual
action?
defense treaty. Treaty is concluded with the implied
condition that it is intended to be binding only as long as
A: NO, the foreign ambassador cannot invoke his diplomatic
there is no vital change in the circumstances. To State B,
immu nity to resist the action, since he is not using the house
compliance with the treaty would jeopardize its vital trade
in Tagaytay City for the purposes of his mission but merely
development, Because of this unforeseen change of
for vacation. Under Art. 3(1)(a) of the Vienna Convention on
circumstances combined with State B's non-compliance
Diplomatic Relations, a diplomatic agent has no immunity in
with its obligations under the treaty in good faith, State A
case of a real action relating to private immovable property
may now opt to unilaterally withdraw from the treaty.
situated in the territory of the receiving State unless he
(UPLC Suggested Answers)
holds it on behalf of the sending State for purposes of the
mission. (UPLC Suggested Answers)
Q: The President signs an agreement with his
counterpart in another country involving reciprocity in
(b) The lessor gets hold of evidence that the
the treatment of each country's nationals residing in
ambassador is about to return to his home
the other's territory. However, he does not submit the
country. Can the lessor ask the court to stop the
agreement to the Senate for concurrence. Sec. 21, Art.
ambassador's departure from the Philippines?
VII of the Constitution provides that no treaty or
international agreement shall be valid and effective
without such concurrence.

151 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
Is the agreement signed by the President effective
despite the lack of Senate concurrence? Explain your
answer. (2017 BAR)
A: YES, the agreement is effective. Being in the nature of an
executive agreement, it does not require Senate
concurrence for its efficacy. (Bayan Muna v, Romulo G,R, No,
159618, 01 Feb, 2011)
Q: President Black of the Republic of Pasensya (RP) had
a telephone conversation with President Blue of the
People's Republic of Conquerors (PRC). In that
conversation, both leaders agreed that they will both
pull- out all their vessels, civilian or otherwise, sea
crafts and other ships from the hotly disputed Kalmado
Shoal area within eight (8) days in order to de-escalate
the situation. After eight days, all RP ships and vessels
have left the area. However, several military and
civilian ships carrying the PRC flag remained in the area
and began construction of a dock that could provide
fuel and other supplies to vessels passing by. (2012
BAR)
(a) Assuming that President Black and President
Blue both had full capacity to represent their
states and negotiate with each other under
their respective systems of government, and
further assuming that both leaders
acknowledge the existence of the conversation,
is the verbal agreement via telephone binding
under international law? Explain.
A: The verbal agreement by t elephone is binding between
the parties on the basis of cust omary interna tional law.
(Aust, 2 013)
(b) Assuming the answer to (a.) is in affirmative,
does that agreement constitute a Treaty under
the 1969 Vienna Convention on the Law on
Treaties?
A: The verbal agreement does not constitute a treaty under
Vienna Convention on the Law of Treaties. Article 3
requires that for an international agreement to be a treaty,
it must be in written form. (UPLC Suggested Answers)
Q: The President alone without the concurrence of the
Senate abrogated a treaty. Assume that the other
country- party to the treaty is agreeable to the
abrogation provided it complies with the Philippine
Constitution. If a case involving the validity of the treaty
abrogation is brought to the Supreme Court, how
should it be resolved? (2008 BAR)
A: The President should be overruled. The President cannot
abrogate a treaty alone even if the other State, party to a
treaty, agrees to the abrogation. If the legislative branch
ratifies a treaty by 2/3 vote it must also do so when the
President abrogates it. The President cannot motu proprio
abrogate the treaty. (UPLC Suggested Answers)
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
ALTERNATIVE ANSWER:
The Supreme Court should sustain the validity of the
abrogation of the treaty. There is no constitutional
provision governing the termination of a treaty. What the
Constitution provides is only the concurrence of the Senate
in order that a treaty be valid and binding and under recent
jurisprudence, the ratification of the treaty is left to the
sound discret ion of the President. Therefore, the President
as the representative of the State in treaty negotiation can
abrogate a treaty by himself. (ibid,)
Q: An Executive Agreement was executed between the
Philippines and a neighboring State. The Senate of the
Philippines took it upon itse lf to procure a certified
true copy of the Executive Agreement and, after
deliberating on it, declared, by a unanimous vote, that
the agreement was both unwise and against the best
interest of the country. Is the Executive Agreement
binding (a) from the standpoint of Philippine law and
(b) from the s tandpoint of international law? Explain.
(2003 BAR)
A:
a. From the standpoint of Philippine law, the
Executive Agreement is binding. The President can
enter into an Executive Agreement without the
necessity of concurrence by the Senate.
(Commissioner of Customs v, Eastern Sea Trading,
C.R. No, L-14279, 31 Oct. 1961)
b. The Executive Agreement is also binding from the
standpoint of international law. International law
executive agreements are equally binding as
treaties upon the States who are parties to them.
(Bayan v. Zamora, C.R. No. 138570, 10 Oct 2000)
Additionally, under Art. 2(1)(a) of the Vienna
Convention on the Law ofTreaties, whatever may be
the designation of a written agreement between
States, whether it is indicated as a Treaty,
Convention or Executive Agreement, is not legally
significant. Still, it is considered a treaty and
governed by the international law of treaties.
G. DOCTRINE OF STATE RESPONSIBILITY
(2009, 1995 BAR)
Q: A, a British photojournalist, was covering the violent
protests of the Thai Red-Shirts Movement in Bangkok.
Despite warnings given by the Thai Prime Minister to
foreigners, especially journalists, A moved around the
Thai capital. In the course of his coverage, he was killed
with a stray bullet which was later identified as having
come from the ranks of the Red-Shirts. The wife of A
sought relief from Thai authorities but was refused
assistance. (2009 BAR)
152
 QuAMTO ( 1987-2021)
(a) Is there state responsibility on the part of
Thailand?
A: NO. There is no state responsibility on the part of
Thailand. The wrongful act in question is an act of private
individuals and not of an organ of the government or a state
official. Hence, it is not attributable to Thailand as its
wrongful act for the purpose of state responsibility.
(b) What is the appropriate remedy available to
the victim's family under international law?
A: The appropriate remedy available to the family of A is to
seek diplomatic protection from Great Britain to press a
claim for reparation. [Brownlie, 2003) However, in order
that the claim will be allowable under customary
international law, the family of A must first exhaust the legal
remedies available in Thailand. [Brownlie, 2003)
Q: In a raid conducted by rebels in a Cambodian town,
an American businessman who has been a long-time
resident of the place was caught by the rebels and
robbed of his cash and other valuable personal
belongings. Within minutes, two truckloads of
government troops arrived prompting the rebels to
withdraw. Before fleeing they shot the American
causing him physical injuries. Government troopers
immediately launched pursuit operations and killed
several rebels. No cash or other valuable property
taken from the American businessman was recovered.
In an action for indemnity filed by the US Government
in behalf of the businessman for injuries and losses in
cash and property, the Cambodian government
contended that under International Law it was not
responsible for the acts of the rebels. (1995 BAR)
(a) Is the contention of the Cambodian government
correct? Explain.
A: YES, the contentio n of the Cambodian Government is
correct. Unless it clearly appears that the government has
failed to use p romptly and with appropriate force its
constituted authority it cannot be held responsible for the
acts of rebels, fo r the rebels are not its agents and their acts
were done without its volition. In this case, government
t roopers immediately pursued the rebels and killed several
of them. (UPLC Suggested Answers)
(b) Suppose the rebellion is successful and a new
government gains control of the entire State,
replacing the lawful government that was
toppled, may the new government be held
responsible for the injuries or losses suffered
by the American businessman? Explain.
A: The new government may be held responsible if it
succeeds in overthrowing the government. Victorious rebel
movements are responsible for the illegal acts of their
forces during the course of the rebellion. The acts of the
153
rebels are imputable to them when they assumed as duly
constituted authorities of the state. (ibid.)
H.REFUGEES
I. EXTRADITION
(2018, 2017, 2007, 2005, 2002, 1996, 1993 BAR)
Q: Extradition is the process pursuant to a treaty
between two State parties for the surrender by the
requested State to the custody of the requesting State of
a fugitive criminal residing in the former. However,
extradition depends on the application of two
principles -the principle of specialty and the dual
criminality principle. Explain these principles. (2017
BAR)
A: The principle of specialty means that the State requesting
extradition from another State is required to specify the
crime as provided in the extradition treaty for which the
fugitive or the accused is to be extradited and to be tried
only fo r the offense specified in the extradition treaty.
[Magallona, 2005)
On the other hand, the dual criminality principle is a rule
which states that the crime for which extradition is
requested must be a crime in both the requesting state and
state to which the fugitive has fled. (ibid.)
Q: What is the difference if any between extradition and
deportation? (1993 BAR)
A: The following are the differences between extradition
and deportation:
a. Extradition is effected for the benefit of the state to
which the person being extradited will be
surrendered because he is a fugitive criminal in
that state, while Deportation is effected for the
protection of the State expelling an alien because
his presence is not conducive to the public good;
b. Extradition is effected on the basis of an extradition
treaty or upon the request of another state, while
Deportation is the unilateral act of the state
expelling an alien; and
c. In Extradition, the alien will be surrendered to the
state asking for his extradition, while in
Deportation the undesirable alien may be sent to
any state willing to accept him. (UPLC Suggested
Answers)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Q: Andreas and Aristotle are foreign nationals working
with the Asian Development Bank (ADS) in its
headquarters in Manila. Both were charged with
criminal acts before the local trial courts.
Andreas was caught importing illegal drugs into the
country as part of his "personal effects" and was thus
charged with violation of Comprehensive Dangerous
Drugs Act of 2002. Before the criminal proceedings
could commence, the President had him deported as an
undesirable alien. Aristotle was charged with grave
oral defamation for uttering defamatory words against
a colleague at work. In his defense, Aristotle claimed
diplomatic immunity. He presented as proof a
communication from the Department of Foreign Affairs
stating that, pursuant to the Agreement between the
Philippine Government and the ADS, the bank's officers
and staff are immune from legal processes with respect
to acts performed by them in their official capacity.
Can the President's act of deporting an undesirable
alien be subject to judicial review? (2018 BAR)
A: The power to deport aliens is an act of State, an act done
by or under the authority of the sovereign power. It is a
police measure agains t undesirable aliens whose continued
presence in the country is found to be injurious to the public
good and the domestic tranquility of the people. (Rosas v.
Montor, C.R. No. 204105, 14 Oct. 2015)
An act of State is one done by the sovereign power of a
country, or by its delegate, within the limits of the power
vested in him. An act of State cannot be questioned or made
the subject of legal proceedings in a court of law . (Black's
Law Dictionary, 1951) With particular r eference to Political
Law, an act of State is an act done by the political
departments of the government and not subject to judicial
review.
Q: Lawrence is a Filipino computer expert based in
Manila who invente d a virus that destroys all the files
stored in a computer. Assume that in May 2005, this
virus spread all over the world and caused $50 million
in damage to property in the United States, and that in
June 2 005, he was criminally charged before the United
States courts under their anti-hacker law. Assume that
in July 2005, the Philippines adopted its own anti-
hacker law, to strengthen existing sanctions already
provided against damage to property. The United States
has requested the Philippines to extradite him to US
courts under the RP- US Extradition Treaty.
Is the Philippines under an obligation to extradite
Lawrence? State the applicable rule and its rationale.
(2007 BAR)
A: If there was no anti-hacker law in the Philippines when
the United States requested the extradition of Lawrence, the
Philippines is under no obligation to extradite him. Under
the principle of double criminality, extradition is available
only when the act is an offense in both countries (Cruz,
UNIVERSITY OF S ANTO TOMAS
20 22 GOLDEN NOTES
2003; Coquia and Santiago, 2005). Double criminality is
intended to ensure each state that it can rely on reciprocal
treatment and that no state will use its processes to
surrender a person for conduct which it does not
characterize as criminal. (Bassiouni, 2014)
ALTERNATIVE ANSWER:
Even if there was no anti-hacker law in the Philippines
when the United States requested the extradition of
Lawrence, if the a ct penalized under the anti-hacker law of
the United States is simila r to malicious mischief under
Article 327 of the Revised Penal Code, the Philippines will
be under obligation to extradite Lawrence. (Coquia and
Defensor, 2005)
Q: Assume that the extradition request was made after
the Philippines adopted its anti- hacker legislation. Will
that change your answer? (2007 BAR)
A: The Philippines will be under obligation to extradite
Lawrence. Both the Philippines and the United States have
an anti-hacker law. The requirement of double criminality
is satisfied even if the act was not criminal in the requested
state at the time of its occurrence if it was criminal at the
time that the request was made. (Bassiouni, 2014)
ALTERNATIVE ANSWER:
The Philippines is under no obligation to extradite
Lawrence. There was no anti-hacker law in the Philippines
when Lawrence was charged in the United States; hence, an
extradition of Lawrence is tantamount to ex post facto
application of the Philippine anti-hacker law, prohibited by
Sec. 22, Art Ill of the 1987 Constitution.
Q: The Philippines and Australia entered into a Treaty
of Extradition concurred in by the Senate of the
Philippines on September 10, 1990. Both governments
have notified each other that the requirements for the
entry into force of the Treaty have been complied with.
It took effect in 1990.
The Australian government is requesting the
Philippine government to extradite its citizen, Gibson,
who has committed in his country the indictable
offense of Obtaining Property by Deception in 1985.
The said offense is among those enumerated as
extraditable in the Treaty.
For his defense, Gibson asserts that the retroactive
application of the extradition treaty amounts to an ex
post facto law. Rule on Gibson's contention. (2005 BAR)
A: Gibson is incorrect. The retroactive application of the
Treaty of Extradition does not violate the prohibition
against ex post facto laws, because the Treaty is neither a
piece of criminal legislation nor a criminal procedural
statute. (Wright v. Court ofAppeals, C.R. No. 113213, 15 Aug.
1994) It merely provided for the extradition of persons
154
 QuAMTO ( 1987-2021)
wanted for offenses already committed at the time the
treaty was ratified. (UPLC Suggested Answers)
Q: John is a former President of the Republic X, bent on
regaining power which he lost to President Harry in an
election. Fully convinced that he was cheated, he set out
to destabilize the government of President Harry by
means of a series of protest actions. His plan was to
weaken the government and, when the situation
became ripe for a take- over, to assassinate President
Harry. William, on the other hand, is a believer in
human rights and a former follower of President Harry.
Noting the systematic acts of harassment committed by
government agents against farmers protesting the
seizure of their lands, laborers complaining of low
wages, and students seeking free tuition, William
organized groups which held peaceful rallies in front of
the Presidential Palace to express their grievances.
On the eve of the assassination attempt, John's men
were caught by members of the Presidential Security
Group. President Harry went on air threatening to
prosecute plotters and dissidents of his administration.
The next day, the government charged John with
assassination attempt and William with inciting to
sedition. John fled to Republic A. William, who was in
Republic B attending a lecture on democracy, was
advised by his friends to stay in Republic B. Both
Republic A and Republic B have conventional
extradition treaties with Republic X. If Republic X
requests the extradition of John and William, can
Republic A deny the request? Why? State your reason
fully. (2002 BAR)
A: Republic A can refuse to extradite John, because his
offense is a political offense. John was plotting to take over
the government and the plan of John to assassinate
President Harry was part of such plan. However, if the
extradition treaty contains an attentat clause, Republic A
can extradite John, because under the attentat clause, the
taking of the life or attempt against the life of a head of state
or that of the m embers of his family does not constitute a
political offense and is therefore extraditable. (UPLC
Suggested AnswersJ
ALTERNATIVE ANSWER:
Republic A may or can refuse the request of extradition of
William because he is not in its territory and thus it is not in
the position to deliver him to Republic X.
Even if William were in the territorial jurisdiction of
Republic A, he may not be extradited because inciting to
sedition, of which he is charged, constitutes a political
offense. It is a standard provision of extradition treaties,
such as the one between Republic A and Republic X, that
political offenses are not extraditable. (ibid.)
155
ALTERNATIVE ANSWER:
Republic B can deny the request of Republic X to extradite
William because his offense was not a political offense. On
the basis of the pre-dominance or proportionality test his
acts were not directly connected to any purely political
offense. (ibid.)
Q: The Extradition Treaty between France and the
Philippines is silent as to its applicability with respect
to crimes committed prior to its effectivity. (1996 BAR)
(a) Can France demand the extradition of A, a
French national residing in the Philippines, for
an offense committed in France prior to the
effectivity of the treaty? Explain.
A: YES, France can ask for the extradition of A for an offense
committed in France before the effectivity of the Extradition
Treaty between France an d the Philippines. In Cleugh v.
Strakos, (109 Fed. 330, 01 Feb. 1940) it was held that an
extraditio n treaty applies to crimes committed before its
effectivity unless the extradition treaty expressly exempts
them. As Whiteman points out, extradition does not define
crimes but merely provides a means by which a State may
obtain the return and punishment of persons charged with
or convicted of having committed a crime who fled the
jurisdiction of the State whose law has been violated. It is
therefore immaterial whether at the time of the commission
of the crime for which extradition is sought no treaty was in
existence. If at the time extradition is requested there is in
force between the requesting and the requested State a
treaty covering the offense on which the request is based,
the treaty is applicable. (Whiteman, 1963)
(b) Can A contest his extradition on the ground that
it violates the ex post facto provision of the
Philippine Constitution? Explain.
A: NO, A cannot contest his extradition on the ground that
it violates the ex post facto provision of the Constitution.
The prohibition against ex post facto laws in Sec. 22, Art. III
of the 1987 Constitution applies to penal laws only and does
not apply to extradition treaties. (Wright v. Court ofAppeals,
G.R. No.113213, lSAug.1994)
J. BASIC PRINCIPLES OF INTERNATIONAL HUMAN
RIGHTS LAW
(2009, 2007, 2003, 2002, 1993, 1992, 1988 BAR)
Q: A terrorist group called the Emerald Brigade is based
in the State of Asyaland. The government of Asyaland
does not support the terrorist group, but being a poor
country, is powerless to stop it.
The Emerald Brigade launched an attack on the
Philippines, firing two missiles that killed thousands of
Filipinos. It then warned that more attacks were
forthcoming. Through diplomatic channels, the
UNIVERSITY OF SANTO TOMAS ~
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 POLITICAL LAW
Philippines demanded that Asyaland stop the Emerald
Brigade; otherwise, it will do whatever is necessary to
defend itself.
Receiving reliable intelligence reports of another
imminent attack by the Emerald Brigade, and it
appearing that Asyaland was incapable of preventing
the assault, the Philippines sent a crack commando
team to Asyaland. The team stayed only for a few hours
in Asyaland, succeeded in killing the leaders and most
of the members of the Emerald Brigade, then
immediately returned to the Philippines. (2009 BAR)
(a) Was the Philippine action justified under the
international law principle of "self- defense"?
Explain your answer.
A: The Philippine action cannot be justified as self-defense.
Self-defense is an act of State by reason of an armed attack
by another State. The acts of terrorism in this case were acts
of private group and cannot be attributed to Asyaland,
which does not support the Emerald b rigade. Art. 51 of the
Charter of the United Nations has no applicability, because
self- defense in Art. 51 contemplates a response to a
legitimate armed attack by a State against another State.
The attack by the Emerald Brigade is an attack by a private
group without authority or as an organ of Asyaland. (UPLC
Suggested Answers)
(b) As a consequence of the foregoing incident,
Asyaland charges the Philippines with violation
of Article 2.4 of the United Nations Charter that
prohibits "the threat or use of force against the
territorial integrity or political independence
of any State." The Philippines counters that its
commando team neither took any territory nor
interfered in the political processes of
Asyaland. Which contention is correct?
Reasons.
A: The contention of Asyaland is correct. The Philippines
violated Art. 2(4) ofthe Charter of the United Nations, which
prohibits States from the threat or use of force against the
territorial integrity of a ny State. (ibid.)
(c) Assume that the commando team captured a
member of the Emerald Brigade and brought
him back to the Philippines. The Philippine
Government insists that a special international
tribunal should try the terrorist. On the other
hand, the terrorist argues that terrorism is not
an international crime and, therefore, the
municipal laws of the Philippines, which
recognize access of the accused to
constitutional rights, should apply. Decide with
reasons.
A: The terrorist should be tried in the Philippines. Sec. 58 of
RA 9372, the Human Security Act, provides for its
extraterritorial application to individual persons who,
although outside the t erritorial limits of the Philippines,
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
commits an act of terrorism directly against Filipino
citizens where their citizenship was a factor in the
commission of the crime. (ibid.)
Q: In 1993, historians confirmed that during World War
II, "comfort women" were forced into serving the
Japanese military. These women were either abducted
or lured by false promises of jobs as cooks or
waitresses, and eventually forced against their will to
have sex with Japanese soldiers on a daily basis during
the course of the war, and often suffered from severe
beatings and venereal diseases. The Japanese
government contends that the "comfort stations" were
run as "onsite military brothels" (or p rostitution
houses) by private operators, and not by the Japanese
military. There were many Filipina "comfort women."
Name at least one basic principle or norm of
international humanitarian law that was violated by
the Japanese military in the treatment of the "comfort
women." (2007 BAR)
A: The treatment of "comfort woman" by the Japanese
military violated Article XXVII of the Geneva Convention (IV),
which provides that women shall be especially protected
against any attack on their honor, in particular against rape,
enforced prostitution, or any form of indecent assault .
(UPLC Suggested Answers)
ALTERNATIVE ANSWER:
The treatment of"comfor t women" by the Japanese military
violated Article II of the Geneva Convention (IV) which
prohibits outrages upon personal dignity, in particular
humiliating and degrading treatment. (ibid.)
Q: The surviving Filipina "comfort women" demand
that the Japanese government apologize and pay them
compensation. However, under the 1951 San Francisco
Peace Agreement - the legal instrument that ended the
state of war between Japan and the Allied Forces - all
the injured states, including the Philippines, received
war reparations and, in return, waived all claims
against Japan arising from the war. Is that a valid
defense? (2007 BAR)
A: The defense is not valid. Under the preamble of the San
Francisco Treaty, Japan undertook to conform to the
protection and observance of h uman rights. Art 103 of the
United Nations Charter provides that the obligations of the
member-State prevail over any other international
agreement. The waiver in Art. 14(a) of the San Francisco
Treaty is qualified by Art. 14(b), which s tated that Japan had
no resources presently s ufficient to make complete
reparation for all such damages and sufferings and meet its
other obligations. Thus, the waiver was operative only
while Japan had inadequate resources. (UPLC Suggested
Answers)
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 QuAMTO ( 1987-2021)
Q: The surv1vmg Filipina "comfort women" sue the
Japanese government for damages before Philippine
courts. Will that case prosper? (2007 BAR)
A: The Filipina "comfort women" cannot sue Japan for
damages, because a foreign State may not be sued before
Philippine courts as a consequence of the principles of
independence and equality of States. [Republic of Indonesia
v. Vinzon, G.R. No. 154705, 26 June 2003)
Q: Not too long ago, "allied forces", led by American and
British armed forces, invaded Iraq to "liberate the
Iraqis and destroy suspected weapons of mass
destruction." The Security Council of the United Nations
failed to reach a consensus on whether to support or
oppose the "war of liberation" Can the action taken by
the allied forces find justification in International Law?
Explain. (2003 BAR)
A: The United States and its allied forces cannot justify their
invasion of Iraq on the basis of self- defense under Article
51 attack by Iraq, and there was no necessity for
anticipatory self- defense which may be justified under
customary international law. Neither can they justify their
invasion on the ground that Article 42 of the Charter of the
United Nations permits the use of force against a State if it
is sanctioned by the Security Council Resolution 1441,
which gave Iraq a final opportunity to disarm or face serious
consequences, did not authorize the use of armed force .
(UPLC Suggested Answers)
ALTERNATIVE ANSWER:
In International Law, the action taken by the allied forces
cannot find justification. It is covered by the p rohibition
against the use of force prescribed by the United Nations
Charter and it does not fall under any of the exceptions to
that prohibition.
Article 2(4) of the UN Charter prohibits the use of force in
the relations of states by providing that all members of the
UN shall refrain in their international relations from the
threat or use of fo rce against the territorial integrity or
political independence of any state, or in any other manner
inconsistent with the purposes of the United Nations. This
mandate does not only outlaw war; it encompasses all
threats of and acts of force or violence short of war.
As thus provided, the prohibition is addressed to all UN
members. However, it is now recognized as a fundamental
principle in customary international law and, as such, is
binding on all members of the international community.
The action taken by the allied forces cannot be justified
under any of the three exceptions to the prohibition against
the use of force which the UN Charter allows. These are:
1. inherent right of individual or collective self-
defense under Article 51;
157
2. enforcement measure involving the use of armed
forces by the UN Security Council under Article 42;
and
3. enforcement measure by regional arrangement
under Article 53, as authorized by the UN Security
Council. The allied forces did not launch military
operations and did not occupy Iraq on the claim
that their action was in response to an armed
attack by Iraq, of which there was none. (ibid.)
Moreover, the action of the allied force s was taken in
defiance or disregard of the Security Council Resolution No.
1441 which set up an enhanced inspection r egime with the
aim of bringing to full and verified completion the
disarmament process, giving Iraq a fi nal opportunity to
comply with its disarmament obligations. This resolution
was in the process of implementation; so was Iraq's
compliance with such disarmament obligations. (ibid.)
Q: On October 13, 2 001, members of Ali Baba, a political
extremist organization based in and under the
protection of Country X and espousing violence
worldwide as a means of achieving its objectives,
planted high-powered explosives and bombs at the
International Trade Tower (ITT) in Jewel City in
Country Y, a member of the United Nations. As a result
of the bombing and the collapse of the 100-story twin
towers, about 2,000 people, including women and
children, were killed or injured, and billions of dollars
in property were lost.
Immediately after the incident, Ali Baba, speaking
through its leader Bin Derdandat, admitted and owned
responsibility for the bombing ofITT, saying that it was
done to pressure Country Y to release captured
members of the terrorist group. Ali Baba threatened to
repeat its terrorist acts against Country Y if the latter
and its allies failed to accede to Ali Baba's demands. In
response, Country Y demanded that Country X
surrender and deliver Bin Derdandat to the
government authorities of Country Y for the purpose of
trial and "in the name of justice." Country X refused to
accede to the demand of Country Y.
What action or actions can Country Y legally take
against Ali Baba and Country X to stop the terrorist
activities of Ali Baba and dissuade Country X from
harboring and giving protection to the terrorist
organization? Support your answer with reasons.
(2002 BAR)
A: Country Y may exercise the right of self- defense, as
provided under Article 51 of the UN Charter "until the
Security Council has taken measure necessary to maintain
international peace and security". Self-defense enables
Country Y to use force against Country X as well as against
the Ali Baba organization.
It may bring the matter to the Security Council which may
authorize sanctions against Country X, including measure
invoking the use of force. Under Article 4 of the UN Charter,
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW
Country Y may use force against Country X as well as against
the Ali Baba organization by authority of the UN Security
Council. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
Under the Security Council Resolution No. 1368, the
terrorist attack of Ali Baba may be defined as a threat to
peace, as it did in defining the September 11, 2001 attacks
against the United States. The resolution authorizes
military and other actions to respond to terrorist attacks.
However, the use of military force must be proportionate
and intended for the purpose of detaining the persons
allegedly responsible for the crimes and to destroy military
objectives used by the terrorists.
The fundamental principles of international humanitarian
law should also be respected. Country Y cannot be granted
sweeping discretionary powers that include the power to
decide what states are behind the terrorist organizations. It
is for the Security Council to decide whether force may be
used against specific states and under what conditions the
force may be used. {ibid.)
Q: Walang Sugat, a vigilante group composed of private
businessmen and civic leaders previously victimized by
the Nationalist Patriotic Army (NPA) rebel group, was
implicated in the torture and kidnapping of Dr.
Mengele, a known NPA sympathizer. Under public
international law, what rules properly apply? What
liabilities, if any, arise thereunder if Walang Sugat's
involvement is confirmed? (1992 BAR)
A: On the assumption that Dr. Mengele is a for eigner, his
torture violates the International Covenant on Civil and
Political Rights, to which the Philippine has acceded. Art. 7
of the Covenant on Civil and Political Rights provides that no
one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
In accordance with Art. 2 of the Covenant on Civil and
Political Rights, it is the obligation of the Philippines to
ensure that Dr. Mengele has an effective remedy, that he
shall have his right to such a remedy determined by
competent authority, and to ensure the enforcement of such
remedy when granted. (UPLC Suggested Answers)
ALTERNATIVE ANSWER:
On the ass umption that Dr. Mengele is a foreigner, his claim
will have to be directed agains t the members of Walang
Sugat on the basis of the Philippine law and be addressed to
the jurisdiction of Philippine courts. His claim may be based
on the generally accepted principles of interna tional law,
which form part of Philippine law under Sec. 2, Art II of the
Constitution. His claim may be premised on relevant norms
of international law of human rights. {ibid.)
Under international law, Dr. Menge le must first exhaus t the
remedies under Philippine law before his individual claim
can be taken up by the State of which he is a national unless
UNIVERSITY OF SANTO TOMAS
2022 GOLDEN NOTES
the said State can satisfactorily show it is its own interests
that are directly injured. If this condition is fulfilled, the said
State's claim will be direct ed against the Philippines as a
subject of international law. Thus it would cease to be an
individual claim of Dr. Mengele. {ibid.)
Dr. Mengel e's case may concern international law norms on
State responsibility, but the application of these norms
require that the basis or responsibility is the relevant acts
that can be attributed to the Philippines as a State. {ibid.)
Hence, under the principle of attribution it is necessary to
show that the acts of the vigilante group Walang Sugat can
be legally attributed to the Philippines by the State of which
Dr. Mengele is a national. {ibid.)
The application of treaty n orms of international law on
human rights, such as the provision against torture in the
International Covenants in Civil and Political Rights pertain
to States. The a cts of private citizens composing Walang
Sugat cannot themselves constitute a violation by the
Philippines as a State. {ibid.)
PRISONERS OF WAR
Q: Reden, Jolan and Andy, Filipino tourists, were in
Bosnia-Herzegovina when hostilities erupted between
the Serbs and the Moslems. Penniless and caught in the
crossfire, Reden, Jolan, and Andy, being retired
generals, offered their services to the Moslems for a
handsome, salary, which offer was accepted. When the
Serbian National Guard approached Sarajevo, the
Moslem civilian population spontaneously took up
arms to resist the invading troops. Not finding time to
o rganize, the Moslems wore armbands to identify
the mselves, vowing to observe the laws and customs of
w ar. The three Filipinos fought side by side with the
Moslems. The Serbs prevailed resulting in the capture
of Reden, Jolan and Andy, and part of the civilian
fighting force. (1993 BAR)
(a) Are Reden, Jolan and Andy considered
combatants thus entitled to treatment as
prisoners of war?
A: Reden, Jolan and Andy are not combatants and are not
entitled to treatment as prisoners of war, because they are
mercenaries. Article 47 of the Protocol I to the Geneva
Conventions of 1949 provides that a Mercenary shall not
have the right to be combatant or a prisoner of war.
Pursuant to Article 47 ofProtocol I ofthe Geneva Conventions
of 1949, Re den Jolan, and Andy are mercenaries, because
they were recruited to fight in an armed conflict, they in fact
took direct part in the hostilities, they were motivated to
take part in the hostilities ess entially by the desire for
private gain and in fact was promised a handsome salary by
the Moslems, they were neither nationals of a party to the
conflict nor residents of territory controlled by a party to
the conflict, they are not members of the armed forces of a
party to the conflict, a nd they were not sent by a s tate which
158
 QuAMTO ( 1987-2021)

is not a party to the conflict on official duty as members of

its armed forces. (UPLC Suggested Answers) L. LAW OF THE SEA
(2015, 2013, 2005, 2004, 2000, 1999, 1994 BAR)
(b) Are the captured civilians likewise prisoners of
war?
Q: En route to the tuna fishing grounds in the Pacific
A: The captured civilians are prisoners of war. Under Article
Ocean, a vessel registered in Country TW entered the
4 of the Geneva Convention relative to the Treatment of
Balintang Channel north of Babuyan Island and with
Prisoners of War, inhabitants of a non-occupied territory,
special hooks and nets dragged up red corals found
who on the approach of the enemy spontaneously take up
near Batanes.
arms to resist the invading forces, without having had time
to form themselves into regular armed forces, provided
By international convention certain corals are
they carry arms openly and respect the laws and customs of
protected species, just before the vessel reached the
war, are considered prisoners of war if they fall into the
high seas, the Coast Guard patrol intercepted the vessel
power of the enemy. (ibid.)
and seized its cargo including tuna. The master of the
vessel and the owner of the cargo protested, claiming
LAW ON NEUTRALITY
the rights of transit passage and innocent passage, and
sought recovery of the cargo and the release of the ship.
Q: Switzerland and Australia are outstanding examples
of neutralized states. (1988 BAR)
Is the claim meritorious or not? Reason briefly. (2004
BAR)
(a) What are the characteristics of a neutralized
state?
A: The claim of innocent passage is not meritorious. While
the vessel has the right of innocent passage, it should not
A: Whether simple or composite, a State is said to be
commit a vi olation of any international convention. The
neutralized where its independence and integrity are
vessel did not merely navigate through the territorial sea, it
guaranteed by an international convention on the condition
also dragged red corals in violation of the international
that such State obligates itself never to take up arms against
convention which protected the red corals. This is
any other State, except for self-defense, or enter into such
prejudicial to the goo d order of the Philippines. (Art. 19(2)
international obligations as would indirectly involve it in
of the Convention on the Law of the Sea)
war. A State seeks neutralization where it is weak and does
not wish to take an active part in international politics. The
Q: Distinguish briefly but clearly between: The
power that guarantee its neutralization may be motivated
territorial sea and the internal waters of the
either by balance of power considerations or by the desire
Philippines. (2004 BAR)
to make the weak state a buffer between the territories of
the great powers. U Salonga & P. Ya p, 1966)
A: Territorial sea is an adjacent belt of sea with a breadth of
twelve nautical miles measured from the baselines of a state
(b) Is neutrality synonymous with neutralization?
and over which the state has sovereignty. (Arts. 2 and 3,
If not, distinguish one from the other.
UNCLOS) Ship of all states enjoy the right of innocent
passage through the territorial sea. (Art. 14, UNCLOS)
A: Firstly, neutrality obtains only during war, whereas
neutralization is a condition that applies in peace or in war.
Under Sec. 1, Art. I of the 1987 Constitution, the internal
Secondly, neutralization is a status created by means of
waters of the Philippines consist of the waters around,
treaty, whereas neutrality is a status created under
between and connecting the islands of the Philippine
international law, by means of a stand on the part of a state
Archipelago, regardless of their breadth and dimensions,
not to side with any of the parties at war. Thirdly, neutrality
including the waters in bays, rivers and lakes. No right of
is brought about by a unilateral declaration by the neutral
innocent passage for foreign vessels exists in the case of
State, while neutralization cannot be effected by unilateral
internal waters (Harris, 1998). Internal waters are the
act, but must be recognized by other States. (ibid.)
waters on the landward side of baselines from which the
breadth of the territorial sea is calculated. (Brownlie, 1990)

K. BASIC PRINCIPLES OF INTERNATIONAL Q: State Epsilon, during peace time, has allowed foreign
HUMANITARIAN LAW ships innocent passage through Mantranas Strait, a
strait within Epsilon's territorial sea which has been
used by foreign ships for international navigation. Such
passage enabled the said ships to traverse the strait
between one part of the high seas to another. On June 7,
1997, a warship of State Beta passed through the above-
named strait. Instead of passing through continuously
and expeditiously, the ship delayed its passage to
render assistance to a ship of State Gamma which was

159 UNIVERSITY OF SANTO TOMAS ~

FACULTY OF CIVIL LAW
 POLITICAL LAW
distressed with no one nearby to assist. When
confronted by Epsilon about the delay, Beta explained
that the delay was due to force majeure in conformity
with the provision of Art. 18(2) of the UNCLOS. Seven
months later, Epsilon suspended the right of innocent
passage of warships through Mantranas Strait without
giving any reason therefor. Subsequently, another
warship of Beta passed through the said strait, and was
fired upon by Epsilon's coastal battery. Beta protested
the aforesaid act of Epsilon drawing attention to the
existing customary international law that the regime of
innocent passage (even of transit passage) is non-
suspendable. Epsilon countered that Mantranas Strait
is not a necessary route, there being another suitable
alternative route. Resolve the above-mentioned
controversy. Explain your answer. (1999 BAR)
A: Assuming that Epsilon and Beta are parties to the
UN CLOS, the controversy maybe resolved as follows:
Under the UNCLOS, warships enjoy a right of innocent
passage. It appearing that the portion of Eps ilon's territorial
sea in question is a strait used for internati onal navigation,
Epsilon has no right under international law to suspend the
right of innocent passage. Article 45(2) of the UNCLOS is
clear in providing that there shall be no suspension of
innocent passage through straits used for international
navigation.
On the assumption that the straits in question is not used
for international navigation, still the suspens ion of innocent
passage by Epsilon cannot be effective because suspension
is required under international law to be duly published
before it can take effect. There being no publication prior to
the suspension of innocent passage by Beta's warship,
Epsilon's act acquires no validity.
Moreover, Epsilon's suspension of innocent passage may
not be valid for the reason that there is no showing that it is
essential for the protection of its security. The actuation of
Beta's warship in r esorting to delayed passage is for cause
recognized by th e UNCLOS as excusable, i.e., for the purpose
of rendering assistance to persons or ship in distress, as
provided in Article 18(2) of the UNCLOS. Hence, Beta's
warship complied with the international law norms on right
of innocent passage. (UPLC Suggested Answers)
TERRITORIAL SEA
Q: Describe the following maritime regimes under
UNCLOS: (2015 BAR)
a. Territorial sea
b. Contiguous zone
c. Exclusive economic zone
d. Continental shelf
A: Under the provisions of UN CLOS III:
a. The territorial waters of an archipelagic state shall
extend up to 12 nautical miles from its baselines
UNIVERSITY OF S A NTO TOMAS
20 22 GOLDEN NOTES
over which the State exercises jurisdictional
control.
b. Its contiguous zone shall extend up to 24 nautical
miles over which the State exercises control as is
necessary to prevent infringement of its customs,
fiscal, immigration, or sanitary laws within its
territory.
c. Its exclusive economic zone shall extend up to 200
nautical miles from its baselines over which the
State exercises sovereignty over all the exploration,
exploitation, or conservation and managing of the
economic natural resources, whether living or non-
living.
d. The continental shelf gives the coastal state rights
to explore and exploit the r esources of the shelf by
operation oflaw. (Bro wnlie, 2012)
Q: Enumerate the rights of the coastal State in the
exclusive economic zone. (2005 BAR)
A: In the EXCLUSIVE ECO NOMIC ZONE, the coastal State has
sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether
living or non-living, of the waters superjacent to the seabed
and of the seabed and its subsoil, and with regard to other
activities for the economic exploitation and exploration of
the zone, such as the production of energy from the water,
currents and winds in an area not extending more than 200
nautical miles beyond the baseline from which the
territorial sea is measured. Other rights include the
production of energy from the water, currents and winds,
the establishment and use of artificial islands, installations
and structures, marine scientific research and the
protection and preservation of the marine environment.
(Art. 56, UNCLOS)
Q: Distinguish briefly but clearly between: the
contiguous zone and the exclusive economic zone.
(2004 BAR)
A: CO NTIGUOUS ZONE is a zone contiguous to the territorial
sea and extends up to twelve nautical miles from the
territorial sea and over which the coastal state may exercise
control necessary to prevent infringement of its customs,
fiscal, immigra tion or sanitary laws and regulations within
its territ ory or territorial sea. (Art. 33 UNCLOS)
The EXCLUSIVE ECONOMIC ZONE is a zone extending up to
200 nautical miles from the baselines of a state over which
the coastal state has sovereign rights for the purpose of
exploring and exploiting, conserving and managing the
natural resources, whether living or nonliving, of the waters
superjacentto the seabed and of the seabed and subsoil, and
with regard to other activities for the economic exploitation
and exploration of the zone. (Arts. 56 and 5 7 UNCLOS)
Q: What is the concept of the exclusive economic zone
under the UN Convention on the Law of the Sea? (2000
BAR)
160
 QuAMTO ( 1987-2021)
A: The exclusive economic zone under the Convention on
the Law of the Sea is an area beyond and adjacent to the
territorial sea, which shall not extend beyond 200 nautical
miles from the baselines from which the territorial sea is
measured. The coastal State has in the exclusive economic
zone:
a. Sovereign rights for the purpose of exploring and
exploiting, conserving and managing the natural
resources, whether living or non-living, if the
waters superjacent to the sea-bed and of the
seabed and subsoil, and with regard to other
activities for the economic exploitation and
exploration of the zone, such as the production of
energy from the water, currents and winds;
b. Jurisdiction as provided in the relevant provisions
of the Convention with regard to:
i. the establishment and use of artificial
islands, installations and structures;
ii. marine scientific research;
iii. and the protection and preservation of the
marine environment;
c. Other rights and duties provided for in the
Convention. (Art. 56, UNCLOS)
Q: A bill was introduced in the House of Representatives
in order to implement faithfully the provisions of the
United Nations Convention on the Law of the Sea
(UNCLOS) to which the Philippines is a signatory.
Congressman Pat Rio Tek questioned the
constitutionality of the bill on the ground that the
provisions of UN CLOS are violative of the provisions of
the Constitution defining the Philippine internal waters
and territorial sea. Do you agree or not with the said
objection? Explain. (2015 BAR)
A: The objection of Congress man Pat Rio Tek does not hold
water. UNCLOS does not define the internal and territorial
waters of states but merely "prescribes the water-land
ratio, length, and contour of baselines of archipelagic States
like the Philipp ines. Whether referred to as Philippine
internal waters or as archipelagic waters under UNCLOS,
the Philippines exercises sovereignty over the body of
water lying landw ard of the baselines, including the air
space over it an d the submarine areas underneath.
Q: Congress passed Republic Act No. 7711 to comply
with the United Nations Convention on the Law of the
Sea. In a petition filed with the Supreme Court, Anak Ti
Ilocos, an association of Ilocano professionals, argued
that Republic Act No. 7711 discarded the definition of
the Philippine territory under the Treaty of Paris and in
related treaties; excluded the Kalayaan Islands and the
Scarborough Shoals from the Philippine Archipelagic
baselines; and converted internal waters into
archipelagic waters. Is the petition meritorious? (2013
BAR)
A: NO, the petition is not meritorious. The United Nations
Convention on the law of the Sea plays no role in the
acquisition, enlargement or, as petitioners claim,
161
diminution of territory. Under traditional international law
typology, States acquire ( or conversely, lose) territory
through occupation, accretion, cession and prescription, not
by executing multilateral treaties on the regulations of sea-
use rights or enacting statutes to comply with the treaty's
terms to delimit maritime zones and continental shelves.
Territorial claims to land features are outside UNCLOS III,
and are instead governed by the rules on general
international law.
The Kalayaan Islands and the Scarborough Shoals are
located at an appreciable distance from the nearest
shoreline of the Philippine Archipelago. A st raight baseline
loped around them from the nearest baseline will violate
Article 47(3) and Article 47 (2) of the United Nations
Convention on the law of the Sea III. Whether the bodies of
water lying landward of the baselines of the Philippines are
internal waters or archipelagic waters, the Philippines
retains jurisdiction over the m [Magallona v. Ermita, G.R No.
187167, 16Aug. 2 011)
Q: In the desire to improve the fishing methods of the
fishermen, the Bureau of Fisheries, with the approval of
the President, entered into a memorandum of
agreement to allow Thai fishermen to fish within 200
miles from the Philippine sea coasts on the condition
that Filipino fishermen be allowed to use Thai fishing
equipment and vessels, and to learn modern
technology in fishing and canning. Is the agreement
valid? (1994 BAR)
A: NO, the President cannot authorize the Bureau of
Fisheries to enter into a memorandum of agreement
allowing Thai fishermen to fish within the exclusive
economic zone of the Philippines, because the Constitution
reserves to Filipino citizens the use and enjoyment of the
exclusive economic zone of the Philippines. (UPLC
Suggested Answers)
1. BASELINES
(2016 BAR)
Q: Section 2 of RA 9522 declared the Kalayaan Island
Group (KIG) and Scarborough Shoal as "Regime of
Islands." Professor Agaton contends that since the law
did not enclose said islands, the Philippines lost its
sovereignty and jurisdiction over them. Is his
contention correct? Explain. (2016 BAR)
A: This line of argument is negated by RA 9522 itself.
Section 2 of the law commits to text the Philippines
continued claim of sovereignty and jurisdiction over the KIG
and the Scarborough Shoal:
SEC. 2. The baselines in the following areas over which
the Philippines likewise exercises sovereignty and
jurisdiction shall be determined as Regime of Islands under
the Republic of the Philippines consistent with Article 121
of the United Nations Convention on the Law of the Sea
(UN CLOS):
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW
 POLITICAL LAW

a. The Kalayaan Island Group as constituted 2. ARCHIPELAGIC STATES

under Presidential Decree No. 1596 and (1989, 2009, 2016 BAR)
b. Bajo de Masinloc, also known as Scarborough
Shoal.
Q: Define the archipelagic doctrine of national
territory, state its rationale and explain how it is
Although the Philippines has consistently claimed
implemented through the straight baseline method
sovereignty over the KIG32 and the Scarborough Shoal for
(2016 BAR)
several decades, these outlying areas are located at an
appreciable distance from the nearest shoreline of the
A: By the term "archipelagic doctrine of national terr itory"
Philippine archipelago,33 such that any straight baseline
is meant that the islands and waters of the Philippine
loped around them from the nearest basepoint will
Archipelago are unified in sovereignty, together with "all
inevitably depart to an appreciable extent from the general
the territories over which the Philippines has sovereignty
configuration of the archipelago.
or jurisdiction."

Hence, far from surrendering the Philippines claim over the

This archipelagic doctrine, so described under Article 1 of
KIG and the Scarborough Shoal, Congress decision to
the Constitution, draws its rationale from the status of the
classify the KIG and the Sca rborough Shoal as Regime[s] of
whole archipelago in sovereignty by which under Part IV of
Islands under the Republic of the Philippines consistent
the UNCLOS the Philippines is defined as an Archipelagic
with Article 12136 of UN CLOS III manifests the Philippine
State in Article 46, thus:
States responsible observance of its pacta sunt servanda
obligation under UNCLOS III. Under Article 121 ofUNCLOS
a. "archipelagic state" means a State constituted
III, any naturally formed area of land, surrounded by water,
wholly by one or more archipelagos and may
which is above water at high tide, such as portions of the
include other islands;
KIG, qualifies under the category of regime of islands, whose
b. "archipelago" means a group of islands
islands generate their own applicable maritime zone
including parts of islands
{Magallona v, Ermita, G.R No.187167, 16Aug. 2011}
interconnecting waters and other natural
features which are so closely interrelated that
ALTERNATIVE ANSWER:
su ch islands waters and other natural features
form an intrinsic geographic, economic and
Prof. Agaton's contention is erroneous. Under Art. 121 of
political entity, or which historically have been
the UN CLOS, "Regime of islands" is a definition of the island
r egarded as such.
as "a naturally formed area of land, surrounded by water
which is above water at high tide."
As an archipelagic state, the national territory is
implemented by drawing its "straight archipelagic
On the other hand, this provision, is differentiated from
baselines" pursuant to Art. 47 of the UNCLOS which
"rocks" which cannot sustain h uman habitation of their
prescribes among its main elements, as follows:
own.

1. By "joining the outermost points of the outermost

The importance of the difference between natural island
islands and drying reefs of the archipelago",
and rock is that an island is provided with territorial sea,
including the main islands and an area in which the
exclusive economic zone and continental shelf, whereas
ration of the area of the water to the land, including
rocks have no exclusive economic zone and continental
atolls, is between 1 to 1 and 9 to 1.
shelf.
2. Mainly, the length of such baselines "shall not
exceed 100 nautical miles ..."
This is the difference by which RA 9522 introduced into the
3. "The drawing of such baselines shall not depart to
KIG and separately Panatag or Scarborough Shoal is an
any appreciable extent from the general
island.
configuration of the archipelago."

"Regime of Islands", has no relevance to acquisition or loss

Q: TRUE or FALSE. Explain your answer in not more
of sovereignty. RA 9522 has the effect of possibly dividing
than two (2) sentences: Under the archipelago doctrine,
the area in question into island and rocks, apparently to
the waters around, between, and connecting the islands
make clear for each the maritime zones involved in the
of the archipelago form part of the territorial sea of the
definition of island or of rocks.
archipelagic state. (2009 BAR)

A: Fals e. Under Article I of the Constitution, the water

around, between and connecting the islands of the
Philippines form part of its internal waters. Under Article
49 (1) of the U.N . Convention on the Law of the Sea, these
waters do not form part of the territorial sea but are
described as archipelagic waters.

UNIVERSITY OF SANTO TOMAS 162

2022 GOLDEN NOTES
 QuAMTO ( 1987-2021)
Q: What do you understand by the archipelagic
doctrine? Is this reflected in the 1987 Constitution?
(1989 BAR)
A: The archipelagic doctrine emphasizes the unity of land
and waters by defining an archipelago either as a group of
islands surrounded by waters or a body of waters studded
with islands. For this purpose, it requires that baselines be
drawn by connecting the appropriate points of the
outermost islands to encircle the islands within the
archipelago. The waters on the landward side of the
baselines regardless of breadth or dimensions are merely
internal waters. The entire archipelago is regarded as one
integrated unit instead of being fragmented into so many
thousand islands
Yes, the archipelagic doctrine is reflected in the 1987
Constitution. Section 1, Article I, provides that the national
territory of the Philippines includes the Philippine
archipelago, with all the islands and waters embraced
therein; and the waters around, between, and connecting
the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the
Philippines.
3. INTERNAL WATERS
4. TERRITORIAL SEA
5. CONTIGUOUS ZONE
(2000, 2019 BAR)
Q: Under the United Nations Convention on the Law of
the Sea (UN CLOS), what are the rights of the Philippines
within the following areas:
Contiguous zone (2019 BAR)
A: The Contiguous Zone is an intermediary zone between
the territorial sea and the high seas extending enforcement
jurisdiction of the coastal state to a maximum of 24 nautical
miles from baselines for the purposes of preventing or
punishing violations of customs, fiscal, immigration or
sanitary (and thus residual national security) legislation.
6. EXCLUSIVE ECONOMIC ZONE
(2019 BAR)
Q: Under the United Nations Convention on the Law of
the Sea (UN CLOS), what are the rights of the Philippines
within the following areas:
Exclusive economic zone (2019 BAR)
A: Under the EEZ, the coastal state retains exclusive
sovereignty over exploring, exploiting, and conserving all
natural resources. Under Article 60 of the United Nations
Convention on the Law of the Sea (UN CLOS). It also has the
right to construct and authorize and regulate the
construction, operation and use of artificial islands,
163
installations and structures for the purposes provided for in
Article 56 and other economic purposes, installations and
structures which may interfere with the exercise of the
rights of the coastal State in the zone; it shall also have the
exclusive jurisdiction over such artificial islands,
installations, and structures, including jurisdiction with
regard to customs, fiscal, health, safety, and immigration
laws and regulations.
Q: What is the basis of the Philippines' claim to a part of
the Spratly Islands? (2000 BAR)
A: The basis of the Philippine claim is effective occupation
of a territory not subject to the sovereignty of another state.
The Japanese forces occupied the Spratly Island group
during the Second World War. However, under the San
Francisco Peace Treaty of 1951 Japan formally renounced
all right and claim to the Spratlys. The San Francisco Treaty
or any other international agreement, however, did not
designate any benefic iary state following the Japanese
renunciatio n of right. Subsequently, the Spratlys became
terra nullius and was occupied by the Philippines in the title
of sovereignty. Philippine sovereignty was displayed by
open and public occupation of a number of islands by
stationing of military forces. By organizing a local
government unit, and by awarding petroleum drilling
rights, among other political and administrative acts. In
1978, it confirmed its sovereign title by the promulgation of
Presidential Decree No. 1596, which declared the Kalayaan
Island Group part of Philippine territory.
7. CONTINENTAL SHELF AND EXTENDED
CONTINENT AL SHELF
8. INTERNATIONAL TRIBUNAL FOR THE LAW OF THE
SEA
M. BASIC PRINCIPLES OF INTERNATIONAL
ENVIRONMENTAL LAW
1. PRECAUTIONARY PRINCIPLE
(2019 BAR)
Q: Define precautionary principle. (2019 BAR)
A: PRECAUTIONARY PRINCIPLE is applied where there
are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for
postponing cost-effective measure to prevent
environmental degradation. [Principle 15, The Rio
Declaration on Environment and Development)
UNIVERSITY OF SANTO TOMAS ~
FACULTY OF CIVIL LAW