2023 UP BOC Political Law Reviewer

FOR UP CANDIDATES ONLY

TABLE OF CONTENTS b. Local Initiative; Voter Requirements 28

c. Where to File ......................................... 28
CONSTITUTIONAL LAW 1 ................................ 2 d. Limitations on Local Initiative ........... 28
POWERS AND STRUCTURES OF e. Classes of Referendum......................... 28
GOVERNMENT ........................................... 1 h. Is the power to hold a referendum
plenary? – NO ............................................ 28
I. PRELIMINARY CONCEPTS ................... 1 B. House of Congress; Compositions and
A. Nature of Constitution.................................... 1 Qualifications ....................................................... 28
1. Parts ........................................................... 1 1. Senate ........................................................... 29
2. Manner of Interpretation (Self- 2. House of Representatives ......................... 29
Executing and Non-Executing Character) ... 1 a. District Representatives and Questions
3. Process of Change (Amendments and of Apportionment ...................................... 29
Revisions)........................................................... 2 b. Party-List System ................................... 30
a. Amendment ......................................... 2 1. Sectoral Representatives ................... 30
b. Revision ................................................ 2 2. Disqualified Parties ........................... 30
c. Difference ............................................ 2 3. Qualified Sectors ............................... 31
d. The Lambino Tests [Lambino v. C. Legislative Privileges, Inhibitions, and
Commission on Elections, supra]. .................... 2 Qualifications ....................................................... 32
e. Procedure to Amend or Revise the 1. Privileges ...................................................... 32
Constitution .................................................. 3 a. Salaries...................................................... 32
1. Proposal ........................................... 3 b. Freedom From Arrest ........................... 32
2. Submission (Doctrine of Proper c. Speech and Debate Clause.................... 33
Submission) .............................................. 3 2. Inhibitions and Disqualifications ............. 33
3. Ratification ...................................... 3 a. May not hold any office or employment
4. Judicial Review of Amendments.. 3 in the government during his term without
B. The Philippines as a State ............................... 3 forfeiting his seat [Section 3, Article VI] 33
1. Elements/Requisites for Statehood ..... 3 b. May not be appointed to any office
a. Permanent Population ....................... 4 created or whose emoluments were
b. Defined Territory................................ 5 increased during the term for which he
c. Government ........................................ 5 was elected [Section 13, Article VI] ......... 33
d. Capacity to Enter into Relations with c. Shall not be financially interested,
Other States/Independence ....................... 5 directly or indirectly, in any contract with,
2. Distinction Between Internal and or franchise or special privilege granted by
External Self-Determination........................... 5 the government during his term of office
C. Fundamental Powers of the State.................. 6 [Section 14, Article VI, 1987 Constitution]
1. Police Power ............................................ 6 ....................................................................... 33
2. Eminent Domain..................................... 8 d. Shall not intervene in any matter before
3. Taxation .................................................. 10 any office of the government when it is
E. Dynamics Among the Branches of for his pecuniary benefit or where he may
Government......................................................... 16 be called upon to act on account of his
1. Separation of Powers ............................ 16 office [Section 14, Article VI, 1987
2. System of Checks and Balances .......... 17 Constitution] ............................................... 33
3. Delegation of Powers ........................... 18 e. Shall not intervene in any matter before
F. State Immunity ............................................... 19 any office of the government when it is
G. National Territory ......................................... 23 for his pecuniary benefit or where he may
1. Scope ....................................................... 23 be called upon to act on account of his
II. LEGISLATIVE DEPARTMENT .......... 25 office [Section 14, Article VI, 1987
A. Nature of Legislative Power......................... 25 Constitution] ............................................... 34
1. Derivative and Delegated Power ........... 25 3. Duty to Disclose ......................................... 34
2. Plenary Character ..................................... 26 a. Statements of Assets, Liabilities, and
3. Limitations ................................................ 26 Net Worth (SALN) .................................... 34
4. Exceptions to Non-Delegability ............ 26 b. Financial and Business Interests;
a. Principle ................................................. 26 Political Conflicts of Interest.................... 34
b. Rationale ................................................ 26 c. Amounts Paid To/Expenses Incurred
c. General Rule; Exceptions .................... 26 by Each Member ........................................ 34
5. Legislative Power of the People Through D. Quorum and Voting Majorities ................... 34
Initiative and Referendum............................. 27 1. Quorum........................................................ 34
a. R.A. No. 6735......................................... 28 2. Voting Majorities ........................................ 35
a. Doctrine of Shifting Majority............... 35 C. Concept of Executive Privilege.................... 48

b. Exceptions .............................................. 35 1. Types ............................................................ 48
E. Discipline of Members .................................. 36 2. Who May Invoke ........................................ 49
F. Process of Law-Making ................................. 37 D. Qualifications, Election, Term of the
1. Function of the Bicameral Conference President and Vice-President, and Rules on
Committee ....................................................... 37 Succession............................................................. 49
2. Requirement as to Bills.............................. 37 1. Qualifications .............................................. 49
a. As to titles of bills .................................. 37 2. Election ........................................................ 50
b. As to certain laws .................................. 37 3. Jurisprudence on Canvassing.................... 50
3. Limitations on Legislative Power ............ 38 4. The Supreme Court as Presidential
4. Procedure for Passage of Bills.................. 38 Electoral Tribunal ........................................... 50
5. The President’s Veto Power ..................... 40 5. Term of Office............................................ 50
6. Doctrine of Inappropriate Provision ...... 40 6. Rules on Succession ................................... 50
7. Effectivity of Laws ..................................... 41 a. Who shall act as or become President 50
8. Limitations on Legislative Power ............ 41 b. What if the Senate President and
G. Appropriation and Re-alignment ................ 41 Speaker are also not capable to act as
H. Legislative Inquiries and Oversight President? .................................................... 51
Functions .............................................................. 42 c. Vacancy in the Office of the President
1. Requisites of Legislative Inquiries ........... 42 ....................................................................... 51
2. Legislative Inquiries v. Question Hour ... 42 d. Vacancy in the Office of the Vice-
3. Additional Limitation: Executive Privilege President ...................................................... 54
........................................................................... 43 E. Other Privileges, Inhibitions, and
4. Elements of Presidential Communications Disqualifications .................................................. 54
Privilege ............................................................ 43 1. Official residence ........................................ 54
5. Contempt Power ........................................ 44 2. Salary............................................................. 54
6. Contempt of Congressional Oversight ... 44 3. Presidential Privilege ............................. 54
7. Categories of Congressional Oversight 4. The Vice President ..................................... 54
Functions ......................................................... 44 5. Prohibitions on the Executive Department
a. Scrutiny ................................................... 44 ........................................................................... 54
b. Congressional Investigation................ 44 6. Multiple Offices and Double
c. Legislative supervision (legislative veto) Compensation ................................................. 54
...................................................................... 44 a. President’s spouse and relatives ........... 55
I. Power of Impeachment .................................. 45 b. Exceptions to the rule prohibiting
1. Initiation: Regular Procedure [Section 3(2) executive officials from holding additional
& (3), Article XI, 1987 Constitution] .......... 45 positions....................................................... 55
2. Notes on Initiation [Gutierrez v. HOR F. Powers of the President................................. 55
Committee on Justice, G.R. No. 193459 (2011)] 1. Executive and Administrative Powers .... 55
........................................................................... 45 a. Executive Power..................................... 55
3. Trial .............................................................. 45 b. Summary of Presidential Powers......... 55
4. Periods Rule ................................................ 45 2. Power of Appointment.............................. 57
a. Process of Confirmation by the
III. EXECUTIVE DEPARTMENT............ 46
Commission ................................................ 59
A. Nature of Executive Power .......................... 46
b. By-Passed Appointments and their
1. In Relation to the Implementation of
Effects .......................................................... 59
Laws (Including Delegated Powers) ............ 46
c. Appointments by Acting President ..... 59
a. Principle ................................................ 46
d. Scope of Midnight Appointments ...... 59
b. Emergency Powers [Section 23, Article
e. Recess of Ad Interim appointments ... 60
VI, 1987 Constitution] .............................. 46
f. Power of Removal .................................. 60
c. Commander-in-Chief powers vs.
3. Power of Control and Supervision .......... 60
Emergency Powers .................................... 46
a. Doctrine of Qualified Political Agency
d. When emergency powers cease ........... 46
....................................................................... 61
2. Express or Implied (Including the Faithful
b. Executive Departments and Offices . 61
Execution of Laws and Residual Powers) .. 47
c. General Supervision over Local
B. Concept of Presidential Immunity .............. 47
Government Units ..................................... 62
1. Conduct Covered ....................................... 47
4. Emergency Powers ..................................... 62
2. Waiver and Exceptions ............................. 47
a. Emergency Powers ............................... 62
a. May be invoked only by the President
b. Nature of Grant .................................... 62
...................................................................... 48
b. Limitations .............................................. 48
c. Requisites of Grant of Emergency c. Administrative supervision over .......... 81

Powers ......................................................... 62 d. Period for deciding cases ...................... 81
d. Concept of Emergency........................ 62 e. Original and appellate jurisdiction ....... 82
5. Commander-In-Chief Powers .................. 63 f. Original jurisdiction [Section 5(1),
a. Calling Out Powers .............................. 64 Article VIII, 1987 Constitution] .............. 82
b. Declaration of Martial Law and the g. Appellate jurisdiction [Section 5(2),
Suspension of the Privilege of the Writ of Article VIII, 1987 Constitution] .............. 82
Habeas Corpus (Including Extension of h. Doctrine of judicial stability or
Period) ......................................................... 64 noninterference........................................... 82
6. Pardoning Powers ...................................... 67 i. Finality of judgments ..............................82
a. Scope and Limitations: When clemency j. Requirements for decisions and
may not be extended by the President:... 67 resolutions ................................................... 83
b. Forms of Executive Clemency ........... 67
V. CONSTITUTIONAL COMMISSIONS
7. Foreign Relations Powers ......................... 69
(COMELEC, COA, CSC) ............................ 83
a. In General .............................................. 69
A. Constitutional Safeguards to Ensure
b. To Contract or Guarantee Foreign
Independence of Commissions......................... 83
Loans............................................................ 69
B. Common Provisions ...................................... 83
c. Entry into Treaties or International
1. Promotional Appointment of
Agreements ................................................. 69
Commissioner to Chairman [Funa v. Villar,
8. Tariff-Setting Power .................................. 71
supra] ................................................................ 84
9. Veto Powers ................................................ 72
2. Jurisprudence on Section 1(2), Article IX-
IV. JUDICIAL DEPARTMENT ................. 72 D [Funa v. Villar, supra] ................................. 84
A. Concept of Judicial Power............................ 72 3. Term of Office of Commission Members
B. Judicial Review................................................ 73 ........................................................................... 84
1. Requisites ..................................................... 73 C. Powers, Functions, and Jurisdiction ............ 85
a. Actual case or controversy ................... 73 1. Civil Service Commission ......................... 85
b. Locus standi .............................................. 74 a. Functions ................................................. 85
1. Associational or third-party standing b. Scope of Civil Service ........................... 85
.................................................................. 74 c. Jurisdiction .............................................. 86
2. Citizen standing ................................. 74 d. Appellate Jurisdiction ............................ 86
3. Environmental standing .............. 74
CITIZEN IN RELATION TO THE STATE
4. Governmental standing ............... 74
...................................................................... 92
5. Legislative standing ...................... 74
6. Taxpayer’s standing...................... 74 I. CITIZENSHIP......................................... 92
7. Voter’s standing ............................ 74 A. Who are Filipino Citizens ............................. 92
c. Earliest Possible Opportunity .............. 75 1. Classification of Citizens ........................... 93
d. Lis Mota ................................................... 75 a. Natural-born Citizens ............................ 93
2. Political Questions Doctrine .................... 75 b. Naturalized Citizens .............................. 93
3. Moot Questions.......................................... 76 2. Foundlings ................................................... 95
4. Operative Fact Doctrine ........................... 76 B. Modes of Acquiring Citizenship .................. 95
C. Judicial Independence and Fiscal Autonomy 1. By Birth ........................................................ 95
............................................................................... 77 2. By Naturalization ........................................ 95
1. Concepts ...................................................... 77 3. Derivative Naturalization .......................... 96
2. Safeguards of Judicial Independence ...... 77 4. Election of Filipino Citizenship ............... 96
D. Appointments to the Judiciary .................... 78 5. Reglementary Period .................................. 96
1. Qualifications of members ....................... 78 6. Eligibility under the Administrative
2. Judicial and Bar Council ............................ 79 Naturalization Law; Rationale....................... 96
a. Composition ........................................... 79 7. Qualifications Prescribed Under Act 473
b. Powers ..................................................... 79 NOT APPLICABLE to R.A. No. 9139...... 96
E. The Supreme Court (Composition, Powers, C. Loss and Re-Acquisition of Philippine
and Functions) ..................................................... 80 Citizenship ............................................................ 97
1. Composition ............................................... 80 1. Grounds for Loss of Philippine
a. En banc instances .................................... 80 Citizenship ....................................................... 97
b. Requirements and procedures in 2. General Rule ............................................. 97
divisions ....................................................... 80 3. Exception .................................................. 97
2. Powers and Functions ............................... 81 4. Reacquisition ............................................. 97
a. Procedural rule-making ......................... 81 a. Naturalization [CA 63 and CA 473] .... 97
b. Limitations .............................................. 81 b. Repatriation ............................................ 98
c. Legislative Act ....................................... 98 CONSTITUTIONAL LAW 2 ............................ 115

5. R.A. No. 9225 (CITIZENSHIP
I. BILL OF RIGHTS .............................. 116
RETENTION AND REACQUISITION
A. Private Acts and the Bill of Rights ........116
ACT OF 2003) ................................................ 98
B. Due Process ..............................................117
6. Repatriation under R.A. No. 8171........... 99
1. Procedural and Substantive ................117
D. Dual Citizenship and Dual Allegiance ....... 99
a. Substantive Due Process................117
1. Dual Citizenship ......................................... 99
b. Procedural Due Process .................118
2. Dual Allegiance........................................... 99
2. Void-for-Vagueness ............................118
3. Dual citizenship vs. dual allegiance
3. Judicial and Administrative Due
[Mercado v. Manzano, 307 SCRA 630 (1999)].
Process............................................................119
......................................................................... 100
a. Due Process in Judicial Proceedings
II. SOCIAL JUSTICE AND HUMAN 119
RIGHTS ...................................................... 100 b. Due Process in Administrative
A. Concept of Social Justice ............................ 100 Proceedings ...............................................119
B. Economic, Social and Cultural Rights ...... 101 C. Equal Protection ......................................121
1. Economic and Social ............................... 101 1. Requisites for Valid Classification
2. Agrarian and Natural Resources Reform [SGEC] ...........................................................121
......................................................................... 101 2. Standards of Judicial Review..............121
3. Urban Land Reform and Housing ........ 102 a. Rational Basis Test ..........................121
4. Health......................................................... 103 b. Strict Scrutiny Test ..........................121
5. Women ...................................................... 103 c. Intermediate Scrutiny Test ............121
6. Role and Rights of People’s Organization 3. Examples of Valid Classification.......122
......................................................................... 104 a. Filipino Female Domestics Working
7. Cultural ...................................................... 104 Abroad .......................................................122
C. Commission on Human Rights ................. 104 b. Land-Based v. Sea-based Filipino
1. Powers........................................................ 104 Overseas Workers ....................................122
2. Composition and Qualification of c. Office of the Ombudsman ............122
Members ........................................................ 105 D. Arrests, Searches, and Seizures ..............122
1. Requisites of a Valid Warrant ............122
III. EDUCATION, SCIENCE,
a. Arrest Warrant .................................123
TECHNOLOGY, ARTS, CULTURE, AND
b. Search Warrant ................................123
SPORTS....................................................... 105
2. Warrantless Arrests and Detention...124
A. Academic Freedom...................................... 105
a. In Flagrante Delicto........................124
B. Constitutional Tax Exemptions for Certain
b. Hot Pursuit.......................................124
Educational Institutions ................................... 106
c. Escaped Prisoners ...........................124
NATIONAL ECONOMY AND d. Additional Exceptions ....................124
PATRIMONY ............................................. 106 3. Valid Warrantless Searches ................125
a. Warrantless Search Incidental to a
I. REGALIAN DOCTRINE ....................... 106
Lawful Arrest ............................................125
II. PUBLIC TRUST DOCTRINE.............. 109 b. Plain View Doctrine .......................125
c. Search of a Moving Vehicle...........126
III. EXPLORATION, DEVELOPMENT,
d. Consented Warrantless Search ......126
AND UTILIZATION OF NATURAL e. Customs Search (Enforcement of
RESOURCES .............................................. 110 Fishing, Customs, and Immigration Law)
1. La Bugal-B’laan Tribal Assn. v. Ramos
126
[G.R. No. 127882, (2004)]........................... 110
f. Routine Security Checks ................127
2. FTAA v. Service Contract ...................... 111
g. Stop and Frisk..................................127
3. Service Contracts Not Prohibited ......... 111 h. Exigent and Emergency
IV. ACQUISITION, OWNERSHIP, AND Circumstances ...........................................127
TRANSFER OF PUBLICAND PRIVATE 4. Exclusionary Rule ................................127
LANDS ........................................................ 112 E. Privacy of Communications and
A. Lands of Public Domain ............................ 112 Correspondence.................................................128
B. Private Lands ................................................ 112 1. Private and Public Communications 128
2. When Intrusion is Allowed ................129
VI. CONCEPT OF ANCESTRAL DOMAIN
3. Exclusionary Rule ................................130
(INCLUDING ANCESTRAL LANDS) ..... 113
F. Freedom of Speech and Expression .....130
VII. PRACTICE OF PROFESSIONS ........ 114 1. Prior Restraint and Subsequent
Punishment ....................................................131
a. Prior Restraint ................................. 131 2. Right to Counsel .........................153

b. Subsequent Punishment ................ 132 3. Rights to Visitation and
2. Content-Based and Content-Neutral Conference............................................154
Regulations .................................................... 132 3. Requisites of a Valid Waiver ..............154
3. Facial Challenges and Overbreadth 4. Exclusionary Doctrine ........................154
Doctrine ......................................................... 133 O. Rights of the Accused .........................155
4. Tests to Determine the Validity of 1. Criminal Due Process .........................155
Governmental Regulation ........................... 134 2. Bail .........................................................156
a. Clear and Present Danger Test ..... 134 3. Presumption of Innocence.................158
b. Balancing of Interests Test ............ 134 4. Right to be Heard ................................159
c. Dangerous Tendency Test ............ 134 5. Right to Counsel ..................................159
d. O’brien Test..................................... 135 6. Right to be Informed of the Nature and
5. State Regulation of Different Types of Cause of Accusation .....................................160
Mass Media .................................................... 135 7. Right to Speedy, Impartial and Public
6. Commercial Speech ............................ 135 Trial 160
7. Unprotected Speech............................ 136 8. Right of Confrontation .......................160
a. Hate Speech ..................................... 136 9. Right to Compulsory Processes ........160
b. Defamation and Libel .................... 136 10. Trial in Absentia ..............................160
c. Sedition and Speech in Relation to P. Right to Speedy Trial and Speedy
Rebellion.................................................... 136 Disposition of Cases .........................................160
d. Obscenity/Pornography ................ 137 Q. Right Against Self-Incrimination ......161
G. Freedom of Religion................................ 138 1. Scope and Limitations ........................162
1. Non-Establishment Clause ................ 138 2. Immunity Statutes................................163
2. Benevolent Neutrality and R. Right Against Double Jeopardy .............164
Conscientious Objector ............................... 140 1. Requisites and Limitations .................164
3. Tests to Determine the Validity of S. Right Against Involuntary Servitude .....166
Governmental Regulation ........................... 141 T. Right Against Excessive Fines, and Cruel
a. Clear and Present Danger.............. 141 and Inhuman Punishments ..............................167
b. Compelling State Interest .............. 141 U. Non-Imprisonment for Debts ...............168
H. Liberty of Abode and Right to Travel .. 142 V. Ex Post Facto Laws and Bill of Attainder
1. Scope and Limitations ........................ 142 168
2. Watch-List and Hold Departure Orders W. Writ of Habeas Corpus, Kalikasan,
143 Habeas Data, and Amparo...............................170
I. Right to Information ............................... 144 1. Writ of Habeas Corpus .......................170
1. Scope and Limitations ........................ 144 2. Writ of Kalikasan .................................171
J. Eminent Domain ..................................... 145 3. Writ of Habeas Data [A.M. No. 08-1-16-
1. Concept ................................................. 145 SC (2008)] ......................................................172
2. Public Use ............................................. 147 4. Writ of Amparo .....................................172
3. Just Compensation .............................. 147
LAW ON PUBLIC OFFICERS ......................... 175
a. Definition ......................................... 147
b. Determination of Just Compensation I. GENERAL PRINCIPLES .................. 176
147 A. Public Office .................................................176
c. Effect of Delay ................................ 148 1. Definition, Purpose, Nature ...................176
4. Expropriation by Local Government 2. Characteristics ...........................................176
Units ............................................................... 148 a. Public office is a Public Trust .......176
K. Right to Association ................................ 148 b. Not a Property Right ......................176
1. Scope and Limitations ........................ 149 c. Not a Contract.................................176
L. Non-Impairment of Contracts .............. 149 d. Public Office is Personal................176
1. Scope and Limitations ........................ 149 e. Right to Public Office Is Not a
M. Free Access to Courts and Adequate Natural Right ............................................176
Legal Assistance ................................................ 151 f. There Is No Such Thing as a Vested
N. Custodial Investigation ....................... 152 Interest or an Estate in an Office, or Even
1. Meaning of Custodial Investigation . 152 an Absolute Right to Hold It. ................176
2. Rights of a Person Under Custodial 3. Elements ....................................................177
Investigation .................................................. 152 4. Creation modification, abolition ............177
a. Availability ....................................... 152 a. Modes of Creation ..........................177
b. Requisites ......................................... 153 b. Modification/Abolition .................177
1. Right to Remain Silent............... 153 B. Public Officer................................................177
II. MODES OF ACQUIRING TITLE TO X. DISTINGUISH: DE FACTO AND DE

PUBLIC OFFICE ....................................... 178 JURE OFFICERS ........................................ 197
A. Appointment ................................................ 178 A. De Facto Officers...........................................197
B. Election.......................................................... 179 Definition .......................................................197
C. Succession ..................................................... 179 Elements of De Facto Officership ...............197
D. Operation of Law ........................................ 179 Entitlement to Salary of De Facto Officer .198
B. De Facto v. De Jure Officers .....................198
III. MODES AND KINDS OF
APPOINTMENT ....................................... 179 XI. TERMINATION OF OFFICIAL
A. As to term ..................................................... 180 RELATION ................................................ 199
1. Permanent ................................................. 180 A. Involuntary Retirement ...............................199
2. Temporary ................................................. 180 B. Death or Permanent Disability ..................199
B. Regular or Ad Interim Appointment ........ 182 C. Abolition of Office ......................................200
1. Ad Interim Appointment and D. Expiration of Term or Tenure ..................200
Appointment in an Acting Capacity .......... 182 E. Resignation ....................................................200
2. Disapproval vs. Bypass............................ 182 F. Abandonment of Office ..............................201
C. Midnight Appointments ............................. 183 G. Acceptance of Incompatible Office .........202
H. Recall..............................................................202
IV. ELIGIBILITY AND
I. Criminal Conviction ......................................202
QUALIFICATION REQUIREMENTS .... 183
J. Impeachment..................................................202
V. DISABILITIES AND INHIBITIONS K. Removal through Quo Warranto/Prescription
OF PUBLIC OFFICERS ............................ 186 of Right to Office ..............................................202
L. Dismissal as Penalty of Disciplinary Action
VI. POWERS AND DUTIES OF PUBLIC
..............................................................................202
OFFICERS .................................................. 189
A. Scope of Power of a Public Officer .......... 189 XII. THE CIVIL SERVICE ................... 203
B. Classification of Powers and Duties ......... 190 A. Scope ..............................................................203
1. As to Nature.............................................. 190 B. Appointments to the Civil Service.............203
a. Ministerial......................................... 190 1. Career Service............................................204
b. Discretionary ................................... 190 2. Non-Career Service ..................................204
2. As to the Obligation of the Officers to C. Personnel Actions ........................................204
Perform Their Powers and Duties............. 191 1. Original Appointment or Appointment
a. Mandatory ........................................ 191 through Certification ....................................205
b. Permissive ........................................ 191 2. Promotion..................................................205
3. As to the Relationship of the Officers to 3. Transfer ......................................................205
Their Subordinates ....................................... 191 4. Reinstatement............................................206
C. Duties of Public Officers ............................ 191 5. Reemployment ..........................................206
1. General (Constitutional) Duties ............. 192 6. Detail ..........................................................206
2. Duties of Public Officers as Trustees for 7. Reassignment ............................................206
the Public ....................................................... 192 8. Secondment ...............................................207
a. In General ........................................ 192 9. Demotion...................................................207
b. Ethical Duties .................................. 192 10. Reappointment .......................................207
3. Specific Duties under the Code of 11. Reclassification .......................................207
Conduct and Ethical Standards for Public
XIII. ACCOUNTABILITY OF PUBLIC
Officials and Employees ............................. 192
OFFICERS ..................................................207
VII. RIGHTS OF PUBLIC OFFICERS . 193 A. Types of Accountability ..............................207
A. To Office....................................................... 193 1. Administrative ...........................................207
B. Security of Tenure ........................................ 193 2. Criminal......................................................208
C. Compensation............................................... 193 B. Discipline .......................................................208
D. Different/Applicable Leaves ..................... 194 1. Grounds .....................................................208
E. Self-Organization ......................................... 194 2. Jurisdiction.................................................210
F. Retirement Pay.............................................. 194 3. Dismissal, Preventive Suspension,
Reinstatement and Back Salaries ................211
VIII. LIABILITIES OF PUBLIC
4. Condonation Doctrine ............................215
OFFICERS .................................................. 194
C. Impeachment vs. Quo Warranto ...............216
IX. IMMUNITY OF PUBLIC OFFICERS 1. Impeachment ............................................216
196 a. Concept ............................................216
b. Impeachable Officers .....................216
c. Grounds for Impeachment ...........216
d. Effects of Impeachment ................ 216 a. Supplementary Legislation ..................232

e. Extent of Judgment in Impeachment b. Interpretative Legislation ....................232
216 2. Requisites for Validity ..............................233
f. Process of Impeachment ............... 216 a. Within the Scope or Authority of Law
g. One-Year Limit Rule ...................... 217 .....................................................................233
2. Quo Warranto........................................... 218 b. Authorized by Law ..............................233
a. Concept ............................................ 218 c. Reasonable Relation to the purposes 233
b. Who May File? ................................ 218 d. Promulgated in Accordance with
c. Prescriptive Period ......................... 218 Prescribed Procedure...............................233
d. Effects When Petition is Granted 218 B. Quasi-Judicial (Adjudicatory) Power .........233
3. Impeachment vs. Quo Warranto .............. 218 1. Administrative Due Process ...................234
D. The Ombudsman and the Office of the a. Notice and Hearing..............................237
Special Prosecutor [Sections 5 to 14, Article XI b. Application of Rules of Evidence in
of the 1987 Constitution in relation to RA No. Administrative Proceedings ....................238
6770, otherwise known as “The Ombudsman 2. Administrative Appeal and Review .......239
Act of 1989”] ..................................................... 219 3. Administrative Res Judicata.......................240
1. Functions of the Office of the C. Fact-Finding, Investigative, Licensing, and
Ombudsman.................................................. 221 Rate-Fixing Powers ...........................................242
2. Judicial Review in Administrative 1. Ascertainment of Fact .............................242
Proceedings ................................................... 223 2. Investigative Powers ................................242
3. Judicial Review in Penal Proceedings.... 224 3. Licensing Function ...................................242
E. The Sandiganbayan ...................................... 224 4. Fixing of Rates, Wages, and Prices ........243
1. Nature and Composition ........................ 224
IV. JUDICIAL RECOURSE AND REVIEW
2. Jurisdiction ................................................ 224
.....................................................................245
a. Exclusive Original Jurisdiction ..... 224
A. Doctrine of Primary Administrative
b. Exclusive Appellate Jurisdiction ... 225
Jurisdiction (or Prior Resort) ...........................246
c. Jurisdiction Over Private Individuals
B. Doctrine of Exhaustion of Administrative
225
Remedies .............................................................248
XIV. TERM LIMITS............................... 226 1. Legal Reason .............................................249
A. Legislative Department ............................... 226 2. Practical Reason ........................................249
1. Senators ..................................................... 226 3. Reasons of Comity ...................................249
2. Members of the House of Representatives 4. Separation of Powers ...............................249
......................................................................... 226 C. Doctrine of Finality of Administrative
B. Executive Department ................................ 226 Action ..................................................................251
1. President and Vice-President ................. 226
ELECTION LAW ............................................... 253
2. Supreme Court Justices and Judges of
Lower Courts ................................................ 226 I. SUFFRAGE .............................................254
C. Constitutional Commissions ...................... 226 A. Concept .........................................................254
1. Civil Service Commission ....................... 226 1. Definition...................................................254
2. Commission on Elections ....................... 226 2. Scope ..........................................................254
3. Commission on Audit ............................. 227 a. Election ..................................................254
D. The Office of the Ombudsman ................ 227 b. Plebiscite ...............................................254
E. Local Governments ..................................... 227 c. Initiative .................................................254
d. Referendum ..........................................254
ADMINISTRATIVE LAW ................................ 228
B. Qualification and Disqualification of Voters
I. GENERAL PRINCIPLES ..................... 229 ..............................................................................255
A. Definition of Administrative Law ............. 229 1. Under Sec. 1, Art. V, 1987 Constitution
B. Separation of Powers and Administrative .........................................................................255
Functions ............................................................ 229 2. Qualifications in General ........................255
a. Filipino citizen by birth or naturalization
II. ADMINISTRATIVE AGENCIES........ 229
.....................................................................255
A. Definition of Administrative Agency ....... 229
b. At least 18 years of age at the time of
B. Historical Considerations............................ 229
the election ................................................255
III. POWERS OF ADMINISTRATIVE c. Resident of the Philippines for at least
AGENCIES ................................................ 230 one (1) year ................................................255
A. Quasi-Legislative (Rule-Making Power) ... 230 d. Resident of the place wherein they
1. Kinds of Administrative Rules and propose to vote for at least six (6) months
Regulations .................................................... 232 immediately preceding the election .......255
e. Not otherwise disqualified by law ..... 256 2. Regulations ................................................275

3. Disqualifications in General ................... 256 3. Prohibitions ...............................................275
C. Registration and Deactivation .................... 256 4. Period .........................................................275
1. Registration of Voters ............................. 256 5. Equal Access to Media, Time, and Space
a. Election Registration Board (ERB)... 257 .........................................................................275
b. System of Continuing Registration of a. Print advertisements [Sec. 6.1, R.A.
Voters ........................................................ 257 No. 9006] ...................................................275
c. Validation .............................................. 257 b. TV advertisements [Sec. 6.2, R.A.
d. Manner of Registration for Illiterate or No. 9006] ...................................................275
Disabled Voters [Sec. 14, R.A. No. 8189] c. Radio advertisements [Sec. 6.2, R.A.
.................................................................... 258 No. 9006] ...................................................276
e. When the List of Voters will be Altered 6. Right to Reply ...........................................276
.................................................................... 258 7. Required Submissions to the COMELEC
1. Deactivation ..................................... 258 [Sec. 6.2 and 6.3, R.A. No. 9006] ...............276
2. Reactivation [Sec. 28, R.A. 8189] .. 258 8. Application for Rallies, Meetings and
3. Cancellation of Registration .......... 259 Other Political Activity ................................277
4. Annulment of Book of Voters ...... 260 B. Premature Campaigning ..............................277
5. New Voters ...................................... 260 C. Contributions ................................................277
6. Transfer of Residence .................... 260 1. Prohibited Contributions ........................277
D. Inclusion and Exclusion Proceedings ...... 261 2. Prohibited Fund-Raising Activities [Sec.
1. Jurisdiction in Inclusion and Exclusion 97, B.P. Blg. 881]...........................................278
Case [Sec. 33, R.A. No. 8189].................... 261 3. Prohibited Donations [Sec. 104. B.P. Blg.
2. Petition for Inclusion and Exclusion of 881]..................................................................278
Voters in the List [Secs. 34-35, R.A. No. D. Lawful and Prohibited Election Propaganda
8189] ............................................................... 261 ..............................................................................279
3. Special Rules on Overseas Absentee 1. Lawful Election Propaganda ..................279
Voters [Sec. 9.3, R.A. No. 9189 as inserted 2. Prohibited Acts .........................................279
by R.A. 10590; Sec. 9.1, R.A. 9189 as a. For any foreigner: [Sec. 81, B.P. Blg.
inserted by R.A. 10590] ............................... 262 881] 279
E. Local and Overseas Absentee Voting [Sec. b. For any person during the campaign
3(a), R.A. No. 9189, The Overseas Absentee period: [Sec. 83, B.P. Blg. 881] ...............279
Voting Act, as amended by R.A. No. 10590, c. For any candidate, political party,
The Overseas Voting Act of 2013] ................ 263 organization or any person: [Sec. 89, B.P.
1. General Rule ............................................. 263 Blg. 881] .....................................................279
2. Exceptions ................................................. 263 E. Limitations on Expenses.............................279
3. Qualifications ............................................ 264 1. Lawful Expenditures ................................279
4. Disqualifications ....................................... 264 2. For Candidates [Sec. 13, R.A. No. 7166]
F. Detainee Voting............................................ 264 .........................................................................280
G. Escorted Voting........................................... 265 3. For Political Parties ..................................280
F. Statement of Contributions and Expenses
II. CANDIDACY ........................................ 265
(SOCE) [Sec. 14, R.A. No. 7166]....................280
A. Qualifications and Disqualifications of
Candidates .......................................................... 265 IV. REMEDIES AND JURISDICTION ... 281
1. Qualifications ............................................ 265 A. Petition to Deny Due Course or Cancel a
2. Disqualifications ....................................... 266 Certificate of Candidacy ...................................281
B. Filing of Certificates of Candidacy ............ 268 1. For any False Material Representation
1. Effect of Filing ......................................... 269 [Sec. 78, OEC] ...............................................281
a. Appointive Officials ............................ 269 2. For Nuisance Candidates [Sec. 69, OEC]
b. Elective Officials ................................. 269 .........................................................................281
2. Substitution and Withdrawal of B. Petition for Disqualification .......................281
Candidates ..................................................... 270 1. Grounds under Par. 1, Sec. 68, OEC ....281
3. Nuisance Candidates................................ 270 2. Grounds under Par. 2, Sec. 68, OEC ....281
4. Effect of Disqualification ....................... 272 3. Grounds under Sec. 12, OEC ................281
5. Duties of the Commission on Elections 4. Grounds under Sec. 40, LGC for Local
(COMELEC) ................................................ 273 Elective Positions .........................................282
C. Failure of Election, Call for Special Election
III. CAMPAIGN......................................... 274
..............................................................................283
A. Concept ......................................................... 274
1. Failure of Election ....................................283
1. Definition .................................................. 274
2. Annulment of Election Results ..............284
D. Pre-Proclamation Controversy .................. 285 (9) Autonomous Regions

1. Illegal Composition of the Board of (Muslim Mindanao and the
Canvassers ..................................................... 287 Cordilleras) ..................................305
2. Illegal Proceedings of the Board of (10) Beginning of Corporate
Canvassers ..................................................... 287 Existence ......................................306
3. When and Where to File Pre-
II. PRINCIPLES OF LOCAL
Proclamation Controversy .......................... 287
AUTONOMY..............................................306
4. Effect of Filing of Pre- Proclamation
A. Autonomy and Decentralization; Devolution
Controversy ................................................... 288
..............................................................................306
E. Election Contest .......................................... 289
Decentralization v. Devolution ..................306
1. Election Protest ........................................ 289
Local Autonomy and National
2. Quo Warranto.............................................. 289
Accountability ...............................................307
F. Recall .............................................................. 291
Local Autonomy and Decision Making ....307
V. PROSECUTION OF ELECTION B. Local Fiscal Autonomy................................308
OFFENSES ................................................ 293 Sources of LGU Funds ................................309
A. Jurisdiction over Election Offenses .......... 293 a. Internal Revenue Allotments ........309
B. Preferential Disposition of Election b. Automatic Release...........................309
Offenses ............................................................. 293 c. Consultation .....................................309
1. Election Offenses..................................... 293 Accountability ...............................................310
2. Penalties ..................................................... 295 a. Basic Principles ................................310
C. Arrests in Connection with Election 1. Under the 1987 Constitution ....310
Campaign............................................................ 295 2. Under the LGC ...........................310
D. Prescription .................................................. 295
III. AUTONOMOUS REGIONS AND
E. Grant of Transactional Immunity ............. 296
THEIR RELATION TO THE NATIONAL
F. Prohibited Acts under R.A. 9369 ............... 296
GOVERNMENT ........................................ 311
LOCAL GOVERNMENTS ................................ 297
IV. LOCAL GOVERNMENT UNIT
I. PUBLIC CORPORATIONS .............. 298 (LGU) 313
A. Concept; Distinguished from Government- A. Powers ...........................................................313
Owned or Controlled Corporations .............. 298 1. Police Power..............................................313
B. Classifications ............................................... 298 2. Eminent Domain ......................................315
Quasi-Corporations...................................... 298 a. Nature ...............................................315
Municipal Corporations............................... 299 b. Requisites for the Exercise of
a. Elements .......................................... 299 Eminent Domain by an LGU ................316
1. Legal Corporation or c. Jurisdiction .......................................316
Incorporation ....................................... 299 d. Ultimate Right of Sovereign Power
2. A Corporate Name by Which the 316
Artificial Personality Is Known and in e. Public Use, Purpose, or Welfare ...316
Which All Corporate Acts Are Done f. Ordinance Requirement .................317
299 g. Just Compensation ..........................317
3. Inhabitants Constituting the h. Writ of Execution and Expropriation
Population ............................................ 299 Suit 317
4. Territory Within Which Local i. Valid and Definite Offer ................317
Civil Government/Corporate j. Requisites for the Immediate Entry
Functions Are Exercised .................... 299 by the LGU ...............................................318
b. Dual Nature and Functions .......... 300 k. Returning the Property...................318
c. Requisites for Creation, Conversion, 3. Taxing Power .......................................319
Division, Merger or Dissolution............ 300 a. Fundamental Principles of Local and
1. Creation and Conversion .......... 300 Real Property Taxation............................319
(1) Barangay ............................ 302 1. Power to Create Revenues ........319
(2) Municipality....................... 303 2. Local Taxing Authority [Sec. 132,
(3) City ..................................... 303 LGC] ......................................................319
(4) Highly Urbanized City ..... 303 3. Fundamental Principles [Sec. 130,
(5) Province ............................. 304 LGC] ......................................................319
(6) Merger and Division ........ 304 4. Common Limitations on the
(7) Substantial Alteration of Taxing Power of the LGU .................319
Boundaries................................... 304 5. Persons Exempted from LGU’s
(8) Abolition............................ 305 Taxing Power .......................................320
6. Requirements for a Valid Tax C. Settlement of Boundary Disputes..............335

Ordinance ............................................. 320 Amicable Settlement.....................................335
7. Procedure for Approval and Formal Trial ...................................................336
Effectivity of Tax Ordinances ........... 321 a. Trial by Sanggunian ........................336
8. Withdrawal of Local Tax b. Trial by RTC ....................................336
Exemption Privileges .......................... 321 Appeal.............................................................336
9. Exemptions from Real Property Evidence Given More Weight ....................336
Taxes ..................................................... 322 D. Vacancies and Succession...........................336
10. Franchise Tax ......................... 322 Permanent Vacancy ......................................336
4. Closure and Opening of Roads [Sec. 21, a. Permanent Vacancy in the Local
LGC]............................................................... 322 Chief Executive [Sec. 44, LGC] .............336
a. Scope of LGU’s Power to Close b. Permanent Vacancies in the
Road, Alley, Park or Square.................... 323 Sanggunian [Fariñas v. Barba, G.R. No.
b. Requisites For Temporary Closure 116763 (1996); Sec. 45, LGC] ................337
323 c. Resignation of Elective Officials ..338
c. Requisites For Permanent Closure d. Abandonment ..................................339
323 Temporary Vacancy .....................................339
d. Public Roads Are Outside The Leaves of Absence [Sec. 47(a), LGC] ........340
Commerce of Man ................................... 323 E. Recall ..............................................................340
5. Legislative Power ..................................... 323 Grounds .........................................................340
a. Ordinance vs. Resolution .............. 323 Signature Requirement .................................341
b. Requisites for Valid Ordinance .... 324 Procedure [Sec. 70, LGC, as amended by
c. Internal Rules of Procedure .......... 325 R.A. No. 9244] ..............................................341
d. Sangguniang Sessions ..................... 326 Limitations .....................................................341
1. Regular Sessions ......................... 326 F. Term Limits ...................................................342
2. Special Sessions .......................... 326 Length of Term .............................................342
e. Publication and Effectivity of Limitation of Consecutive Terms ..............342
Ordinances ................................................ 327
PUBLIC INTERNATIONAL LAW ................. 344
f. Review of Ordinances & Resolutions
327 I. SOURCES OF OBLIGATIONS ......... 345
g. Review of Tax Ordinances by the A. Treaties ..........................................................345
Secretary of Justice [Sec. 187, LGC] ..... 328 a. Definition of Treaty ........................345
h. Local Initiative and Referendum .. 328 b. Requisites (General) ........................345
6. Corporate Powers .................................... 331 c. Requisites (Valid Treaty) ................345
a. To Sue and Be Sued ....................... 331 d. Treaty-Making Process ...................345
b. To Acquire and Sell Property ....... 331 1. Authorization ..............................345
1. In Its Public and Governmental 2. Negotiation ..................................346
Capacity................................................. 331 3. Adoption ......................................346
2. In Its Private or Proprietary 4. Authentication ............................346
Capacity................................................. 331 5. Expression of consent ...............346
c. To Enter into Contracts ................ 331 6. Registration..................................346
7. Ultra Vires Acts ........................................ 332 e. Basic Principles of Treaties............346
B. Liability of Local Government Units ........ 333 1. Vienna Convention on the Law of
Statutory Liability ......................................... 333 Treaties ..................................................346
Liability Under the Civil Code.................... 333 2. Pacta Tertiis Nec Nocent Nec
Liability Under Art. 2189 Based on Control Prosunt ..................................................346
or Supervision ............................................... 333 3. Pacta Sunt Servanda ...................346
Contractual Liability ..................................... 334 4. Generally Not Binding on Third
Torts Liability ................................................ 334 States, i.e. Non-Contracting Parties ..346
a. If in the Performance of a 5. Treaties are Non-Retroactive....346
Governmental Function ......................... 334 6. Interpretations.............................346
b. If in the Performance of a 1. Concept of Jus Cogens (Peremptory Norms
Proprietary Function ............................... 334 of International Law) ...................................347
c. Liability for Back Pay of Employees 2. Reservations, Withdrawal, Termination,
334 and Rebus Sic Stantibus ...............................348
Personal Liability of the Public Official .... 334 a. Reservations .....................................348
Refunding of Amounts Disallowed by the 1. General Principles on
COA ............................................................... 334 Reservations .........................................349
b. Withdrawal and Termination ........ 350 d. Exclusive Rights of the Coastal State
1. Invalid Treaties ........................... 350 in the Continental Shelf...........................361
2. Other Grounds for Termination D. Jurisdiction Over Persons and Economic
of Treaty ............................................... 350 Activity ................................................................362
3. Suspension of Treaties .............. 351 1. Criminal Jurisdiction ................................362
B. Customary International Law..................... 351 a. General Theory ...............................362
1. Elements .................................................... 351 b. Extradition .......................................362
2. Obligations Erga Omnes ................... 353 1. Definition.....................................362
C. General Principles of Law .......................... 353 2. The General Rule on Standard of
D. Application of International Law by Treatment..............................................362
Domestic Courts ............................................... 354 3. Requisites For Extradition to Be
1. Monism ...................................................... 354 Exercised [Gov. of Hong Kong v. Olalia,
2. Dualism ...................................................... 354 Jr., supra] ...............................................362
3. Inverted Monism ...................................... 354 4. Fundamental Principles on
4. Harmonization.......................................... 354 Extradition ............................................363
2. Civil Jurisdiction .......................................364
II. INTERNATIONAL LEGAL PERSON
3. Immunity From Jurisdiction ...................364
354
a. Sovereign Immunity .......................364
A. States .............................................................. 354
1. Two Theories of Sovereign
1. Elements .................................................... 354
Immunity [US v. Ruiz, G.R. No. L-
a. Permanent Population ................... 354
35645 (1985)] ........................................364
b. Defined Territory............................ 354
2. Suits Against the State ...............364
1. Modes of Acquiring Territory .. 355
b. Diplomatic and Consular Immunity
c. Government .................................... 355
365
1. Types of Government ............... 355
4. Areas Not Subject to Jurisdiction of
d. Capacity to Enter into Relations .. 356
Individual States ............................................366
2. Recognition of States and Governments
a. High Seas ..........................................366
......................................................................... 356
b. Deep Seabed ....................................366
a. Recognition ...................................... 356
c. Outer Space......................................367
b. Failed States ..................................... 356
c. Secession .......................................... 356 IV. INTERNATIONAL
B. Non-State Entities ....................................... 357 RESPONSIBILITY ....................................367
C. International Organizations........................ 357 A. Concept of Imputability of Internationally
D. Status of Individuals and Corporations ... 357 Wrongful Act or Omission ..............................367
1. Conduct of Organs of a State [Article 4,
III. JURISDICTION............................. 358
ARSIWA] .......................................................368
A. Basis of Jurisdiction ..................................... 358
2. Conduct of Persons or Entities Exercising
1. Territoriality Principle.............................. 358
Elements of Governmental Authority
2. Nationality Principle ................................ 358
[Article 5, ARSIWA].....................................368
3. Protective Principle .................................. 358
3. Conduct of Organs Placed at the Disposal
4. Passive Personality Principle .................. 358
of a State by Another State [Article 6,
3. Universality Principle .......................... 358
ARSIWA] .......................................................368
B. Title to Territory........................................... 358
4. Excess of Authority or Contravention of
C. Adjacent Maritime Seas ............................... 358
Instructions [Article 7, ARSIWA] ..............368
1. Territorial Sea............................................ 358
5. Conduct Directed or Controlled by a State
2. Contiguous Zone ..................................... 360
[Article 8, ARSIWA].....................................368
3. Exclusive Economic Zone ................ 360
a. Effective Control ............................368
a. The Extent of the State’s Rights in
b. Overall Control ...............................368
the EEZ..................................................... 360
6. Conduct Carried Out in the Absence or
b. Rights of the Coastal State in the
Default of the Official Authorities [Article 9,
EEZ360
ARSIWA] .......................................................369
c. Rights of the Non-Coastal State ... 360
7. Conduct of an Insurrectional or Other
d. The Right of Geographically
Movement [Art. 10, ARSIWA] ...................369
Disadvantaged States or Landlocked
8. Conduct Acknowledged and Adopted by a
States .......................................................... 361
State as its Own [Art. 11, ARSIWA]..........369
4. Continental Shelf ................................. 361
9. Responsibility of a State in Connection
a. Extended Continental Shelf .......... 361
with the Acts of Another State ...................369
b. Continental Margin ......................... 361
10. Circumstances Precluding Wrongfulness
c. Continental Shelf ............................ 361
(Defenses) ......................................................369
a. Consent [Art. 20, ARSIWA] ......... 370 d. The Convention shall NOT Apply
b. Self-Defense [Art. 21, ARSIWA] . 370 to: [1951 Convention]..............................376
c. Countermeasures [Article 22, e. General Obligations of Refugees..376
ARSIWA] .................................................. 370 f. Non-Discrimination .......................376
1. Conditions for Countermeasures g. Personal Status ................................376
[Art. 52, ARSIWA] .............................. 370 h. Rights of a Refugee .........................376
2. Limitations of Countermeasures: i. Principle of Non-Refoulment .......377
[Art. 49, ARSIWA] .............................. 370 3. Statelessness ..............................................377
d. Force Majeure [Art. 23, ARSIWA] 4. Remedies Under Treaty-Based
370 Mechanisms ...................................................378
e. Distress [Art. 24, ARSIWA] .......... 370 D. International Minimum Standard and
f. Necessity [Art. 25, ARSIWA] ....... 370 National Treatment (Including Expropriation
g. Other Principles .............................. 371 of Foreign-Owned Properties) ........................378
11. Consequences Of an Internationally 1. Fair and Equitable Treatment ................379
Wrongful Act ................................................ 371 2. Protection Against the Denial of Justice
B. Reparation ..................................................... 371 .........................................................................379
1. Forms of Reparation................................ 371 3. Expropriation of Foreign Property .......379
a. Restitution [Art. 35, ARSIWA] ..... 371 E. Environmental Harm ..................................380
b. Compensation [Art. 36, ARSIWA] 1. Precautionary Principle ............................380
372 2. Polluter-Pays Principle.............................380
c. Satisfaction [Art. 37, ARSIWA] .... 372 3. Common but Differentiated
d. Other Principles .............................. 372 Responsibilities..............................................380
C. International Protection of Human Rights 4. Sustainable Development ........................380
(Including Refugees and Stateless Persons) .. 372 5. Sic Utere Tuo Ut Alienum Non Laedas or
1. Basic Principles of International Human the No-Harm Principle ................................380
Rights Law ..................................................... 372 F. International Claims .....................................381
a. The Universal Declaration of Human 1. International Human Rights Law ..........381
Rights (UDHR) ........................................ 373 2. International Economic Law ..................381
b. The International Covenant on Civil 3. Immunities.................................................381
and Political Rights (ICCPR) ................. 374
V. DISPUTE RESOLUTION ............. 381
c. The International Covenant on
A. Legality of the Use of Force .......................381
Economic, Social and Cultural Rights
B. Concept of International and Non-
(ICESCR) .................................................. 374
International Armed Conflicts ........................382
2. Refugees..................................................... 375
1. The Role of the International Criminal
a. General Principles........................... 375
Court ...............................................................382
b. Definition ......................................... 375
C. Judicial and Arbitral Settlement .................382
c. The Following are Refugees Not
1. International Court of Justice .................382
Covered by the Convention: .................. 375
Permanent Court of Arbitration.................384
CONSTITUTIONAL LAW 1
POLITICAL AND PUBLIC
INTERNATIONAL LAW
CONSTITUTIONAL LAW 1 POLITICAL LAW
Self-Executing Character: The general rule
and presumption is that the provisions in the
CONSTITUTIONAL Constitution are self-executing in character.
LAW 1 Self-executing clauses refer to those in the

Constitution that are effective without the
need for an enabling statute.
POWERS AND
STRUCTURES OF A provision which is complete in itself and
becomes operative without the aid of
GOVERNMENT supplementary or enabling legislation, or that
which supplies sufficient rule by means of
I. PRELIMINARY which the right it grants may be enjoyed or
protected, is self-executing. Thus a
CONCEPTS constitutional provision is self-executing if the
nature and extent of the right conferred and
A. Nature of Constitution the liability imposed are fixed by the
constitution itself, so that they can be
1. Parts determined by an examination and
construction of its terms, and there is no
The Philippine Constitution is divided into language indicating that the subject is referred
eighteen (18) Articles: to the legislature for action. [Manila Prince
Hotel v. GSIS, G.R. No. 122156 (1997)].
1. ARTICLE I National Territory
2. ARTICLE II Declaration of Principles and Certain provisions in Art. XIII (on Health) and
State Policies Art. XVI (on protection from hazardous
3. ARTICLE III Bill of Rights products) have been held as self-executing
4. ARTICLE IV Citizenship [Imbong v. Ochoa, G.R. No. 204819 (2014)].
5. ARTICLE V Suffrage
6. ARTICLE VI Legislative Department Non-Executing Character: As an exception,
7. ARTICLE VII Executive Department the Supreme Court has ruled that certain
8. ARTICLE VIII Judicial Department provisions in the Constitution are non-
9. ARTICLE IX Constitutional Commissions executing in character.
10. ARTICLE X Local Government
11. ARTICLE XI Accountability of Public 1. Art. II: A provision which lays down a
Officers general principle, such as those found in Art.
12. ARTICLE XII National Economy and II of the 1987 Constitution, is usually not self-
Patrimony executing [Manila Prince Hotel v. GSIS,
13. ARTICLE XIII Social Justice and Human supra].
Rights
These principles in Art. II are not intended to
14. ARTICLE XIV Education, Science and
Technology, Arts, Culture and Sports be self-executing principles ready for
enforcement through the courts. They are
15. ARTICLE XV The Family
used by the judiciary as aids or guides in the
16. ARTICLE XVI General Provisions
exercise of its power of judicial review, and by
17. ARTICLE XVII Amendments or Revisions
the legislature in its enactment of laws
18. ARTICLE XVIII Transitory Provisions
[Tañada v. Angara, G.R. No. 118295 (1997)].
2. Manner of Interpretation (Self-
2. Art. XIII: Time and again, we have ruled
Executing and Non-Executing that the social justice provisions of the
Character) Constitution are not self-executing principles
ready for enforcement throu2gh the courts.
They are merely statements of principles and
Page 1 of 384
UP Law Bar Operations Commission 2023
policies. To give them effect, legislative a. Amendment
enactment is required. (BFAR Employees
Union, Regional Office No. VII, Cebu City v. Amendment broadly refers to a change that
Commission on Audit, G.R. No. 169815 adds, reduces, or deletes without altering the
(2008)]. basic principle involved. (Lambino v.
Commission on Elections, G.R. Nos. 174153
As an exception, Section 15 and Section 16 & 174299 (2006)].
[Right to a Balanced and Healthful Ecology] of
Article II of the Constitution are self-executing An addition or change within the lines of the
and judicially enforceable even in their original instrument as will effect an
present form. (Oposa v. Factoran, Jr., G.R. improvement, or better carry out the purpose
No. 101083 (1993)]. for which it was framed. [Lambino v.
Commission on Elections, supra].
3. Process of Change (Amendments
and Revisions) b. Revision
1987 Constitution Revision broadly implies a change that alters a

basic principle in the constitution, like altering
ARTICLE XVII, SECTION 1. Any amendment to, or the principle of separation of powers or the
revision of, this Constitution may be proposed by: system of checks-and-balances. There is also
(1) The Congress, upon a vote of three-fourths of all revision if the change alters the substantial
its Members; or
entirety of the constitution, as when the change
(2) A constitutional convention.
affects substantial provisions of the
ARTICLE XVII, SECTION 2. Amendments to this constitution. [Lambino v. Commission on
Constitution may likewise be directly proposed by Elections, supra].
the people through initiative upon a petition of at
least twelve per centum of the total number of c. Difference
registered voters, of which every legislative district
must be represented by at least three per centum of
the registered voters therein. No amendment under An amendment to the Constitution may be
this section shall be authorized within five years proposed by (1) initiative, (2) a Constitutional
following the ratification of this Constitution nor Convention, or (3) Congress (acting as a
oftener than once every five years thereafter. Constituent Assembly).
The Congress shall provide for the implementation
of the exercise of this right.
A revision may only be proposed by a
Constitutional Convention or Congress. It
ARTICLE XVII, SECTION 3. The Congress may, by cannot be proposed via initiative [Lambino v.
a vote of two-thirds of all its Members, call a COMELEC, supra].
constitutional convention, or by a majority vote of all
its Members, submit to the electorate the question of
d. The Lambino Tests [Lambino v.
calling such a convention.
Commission on Elections, supra].
ARTICLE XVII, SECTION 4. Any amendment to, or
revision of, this Constitution under Section 1 hereof The prevailing view is that a proposed change
shall be valid when ratified by a majority of the votes that meets either test must be considered a
cast in a plebiscite which shall be held not earlier
revision of the Constitution, instead of a mere
than sixty days nor later than ninety days after the
approval of such amendment or revision. amendment.
Any amendment under Section 2 hereof shall be Quantitative Test -- whether the proposed
valid when ratified by a majority of the votes cast in change is "so extensive in its provisions as to
a plebiscite which shall be held not earlier than sixty change directly the 'substantial entirety' of the
days nor later than ninety days after the certification
constitution by the deletion or alteration of
by the Commission on Elections of the sufficiency of
the petition. numerous existing provisions." The court
examines only the number of provisions
Page 2 of 384
affected and does not consider the degree of The entire Constitution must be submitted
the change. for ratification at one plebiscite only. The
people must have a proper “frame of
Qualitative Test -- whether the change will reference” [Tolentino v. COMELEC, G.R.
"accomplish such far reaching changes in the No. L-34150 (1971)].
nature of our basic governmental plan as to
amount to a revision." No “piecemeal submission” is allowed; e.g.,
submission of age amendment ahead of
e. Procedure to Amend or Revise the other proposed amendments [Lambino v.
Constitution COMELEC, supra].
1. Proposal 3. Ratification
This refers to the adoption of the suggested The Proposed Amendments shall be
change in the Constitution. submitted to the people and shall be
deemed ratified by the majority of the votes
a. Congress (as a Constituent Assembly) cast in a plebiscite, held not earlier than 60
– a vote of 3/4 of ALL its members. days nor later than 90 days:
b. Constitutional Convention (ConCon) – i. After approval of the proposal by
Called into existence by (i) 2/3 of all Congress or ConCon;
members of Congress OR (ii) the ii. If proposal by initiative, after certification
electorate, in a referendum called for by a by the COMELEC of sufficiency of
majority of all members of Congress petition of the people.
[Section 3, Article XVII]
c. People (through a People’s Initiative) – 4. Judicial Review of Amendments
Petition of at least 12% of the total number The validity of the process of amendment is
of registered voters; every legislative not a political question because the Court
district must be represented by at least 3% must review if constitutional processes were
of the registered voters therein followed [Lambino v. COMELEC, supra].
i. Limitation on Initiative: No
amendment in this manner shall be B. The Philippines as a State
authorized (1) within 5 years following
the ratification of the 1987 Const. nor 1. Elements/Requisites for Statehood
(2) more often than once every 5
years thereafter.
ii. Enabling Law: Constitutional Montevideo Convention, Article 1
provision on amendments via The state as a person of international law should
People’s Initiative are not self- possess the following qualifications:
executory [Defensor-Santiago v. (a) A permanent population;
COMELEC, G.R. No. 127325 (1997)] (b) A defined territory;
(c) Government; and
2. Submission (Doctrine of Proper (d) Capacity to enter into relations with the other
States.
Submission)
The proposal must be submitted to the
people. [cited in Province of North Cotabato v. GRP,
G.R. No. 183591 (2008)].
Provided there is sufficient prior
dissemination of the proposed changes to 1987 Constitution, Article IV.
the Constitution, a plebiscite may be held on
the same day as a regular election SECTION 1. The following are citizens of the
[Gonzales v. COMELEC, G.R. No. L-28196 Philippines:
(1967)].
(1) Those who are citizens of the Philippines at the
time of the adoption of this Constitution;
Page 3 of 384
(3) Those born before January 17, 1973, of Filipino

(2) Those whose fathers or mothers are citizens of mothers, who elect Philippine citizenship upon
the Philippines; reaching the age of majority; and
(3) Those born before January 17, 1973, of Filipino (4) Those who are naturalized in accordance with
mothers, who elect Philippine citizenship upon law.
reaching the age of majority; and
SECTION 2. Natural-born citizens are those who are
(4) Those who are naturalized in accordance with citizens of the Philippines from birth without having
law. to perform any act to acquire or perfect their
Philippine citizenship. Those who elect Philippine
SECTION 2. Natural-born citizens are those who are citizenship in accordance with paragraph (3),
citizens of the Philippines from birth without having Section 1 hereof shall be deemed natural-born
to perform any act to acquire or perfect their citizens.
Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), SECTION 3. Philippine citizenship may be lost or
Section 1 hereof shall be deemed natural-born reacquired in the manner provided by law.
citizens.
SECTION 4. Citizens of the Philippines who marry
SECTION 3. Philippine citizenship may be lost or aliens shall retain their citizenship, unless by their
reacquired in the manner provided by law. act or omission they are deemed, under the law, to
have renounced it.
SECTION 4. Citizens of the Philippines who marry
aliens shall retain their citizenship, unless by their SECTION 5. Dual allegiance of citizens is inimical to
act or omission they are deemed, under the law, to the national interest and shall be dealt with by law.
have renounced it.
SECTION 5. Dual allegiance of citizens is inimical to The constitution provides that the following
the national interest and shall be dealt with by law. people are considered citizens of the
Philippines:
1. Those who are citizens of the Philippines
a. Permanent Population at the time of the adoption of this
It refers to a permanent population and Constitution;
intended to be used in association with that of ● Includes those who were citizens
territory, and connotes a stable community. under the 1973 and 1935
Constitution.
Citizenship is personal and more or less 2. Those whose fathers or mothers are
permanent membership in a political citizens of the Philippines;
community. It denotes possession within that ● Jus sanguinis (“Right by Blood”) - a
particular political community of full civil and person's nationality follows that of his
political rights subject to special natural parents.
disqualifications such as minority. Reciprocally, 3. Those born before January 17, 1973, of
it imposes the duty of allegiance to the political Filipino mothers, who elect Philippine
community. (Bernas, Constitutional Law citizenship upon reaching the age of
Primer). majority; and
4. Those who are naturalized in accordance
1987 Constitution, Article IV. with law.
SECTION 1. The following are citizens of the Renunciation of Citizenship

Philippines:
(1) Those who are citizens of the Philippines at the In Board of Immigration Commissioners vs. Go
time of the adoption of this Constitution; Gallano, express renunciation was held to
mean a renunciation that is made known
(2) Those whose fathers or mothers are citizens of distinctly and explicitly and not left to inference
the Philippines; or implication. Petitioner, with full knowledge,
and legal capacity, after having renounced
Portuguese citizenship upon naturalization as
Page 4 of 384
a Philippine citizen resumed or reacquired his The existence of effective government, with
prior status as a Portuguese citizen, applied for centralized administrative and legislative
a renewal of his Portuguese passport and organs, is the best evidence of a stable political
represented himself as such in official community. It is a centralized structure capable
documents even after he had become a of exercising effective control over a human
naturalized Philippine citizen. Such resumption community living in a given territory.
or reacquisition of Portuguese citizenship is
grossly inconsistent with his maintenance of State practice suggests that the requirement of
Philippine citizenship. [In re: Yu v. Defensor- a “stable political organization” in control of the
Santiago, G.R. No. 83882 (1989)]. territory does not apply during a civil war or
where there is a collapse of law and order in a
b. Defined Territory state that already exists.
The national territory comprises the Philippine
archipelago, with all the islands and waters The Philippines is a democratic and republican
embraced therein, and all other territories over state. Government authority emanates from its
which the Philippines has sovereignty or people.
jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea, d. Capacity to Enter into Relations with
the seabed, the subsoil, the insular shelves, Other States/Independence
and other submarine areas. The waters
around, between, and connecting the islands of 1987 Constitution
the archipelago, regardless of their breadth ARTICLE II, SECTION 7. The State shall pursue an
and dimensions, form part of the internal independent foreign policy. In its relations with other
states the paramount consideration shall be national
waters of the Philippines. [Article 1, 1987
sovereignty, territorial integrity, national interest,
Constitution] and the right to self-determination.
State territory is that defined portion of the A State must be free from outside control in
surface of the globe, which is subjected to the conducting foreign and internal affairs, i.e.,
sovereignty of the State [Oppenheim]. sovereign and independent.
A State must exercise control over a certain The State is the sole executive and legislative
area. It need not be exactly defined by metes authority. It must be independent of other state
and bounds, so long as there exists a legal orders, and any interference by such legal
reasonable certainty of identifying it. No orders, or by an international agency, must be
minimum land area is required. based on a title of international law.
c. Government Independence is the decisive criterion of

statehood. This concept of independence is
Definition - institution or aggregate of represented by the requirement of capacity to
institutions by which an independent society enter into relations with other States.
makes and carries out those rules of action
which are necessary to enable men to live in a 2. Distinction Between Internal and
social state, or which are imposed upon the
External Self-Determination
people forming that society by those who
possess the power or authority of prescribing
The recognized sources of international law
them. Government is the aggregate of
establish that the right to self-determination of
authorities which rule a society. [U.S. v. Dorr,
a people is normally fulfilled through internal
G.R. No. 1051 (1903)].
self-determination — a people's pursuit of its
political, economic, social and cultural
Denotes a “stable political community
development within the framework of an
supporting a legal order to the exclusion of
existing state.
another in a given area”.
Page 5 of 384
External self-determination can be defined The moment greater authority is conferred
as in the following statement from the upon the government, logically so much is
Declaration on Friendly Relations, supra, as withdrawn from the residuum of liberty which
resides in the people. The paradox lies in the
“The establishment of a sovereign and fact that the apparent curtailment of liberty is
independent State, the free association or precisely the very means of insuring its
integration with an independent State or the preservation. [Calalang v. Williams, G.R. No.
emergence into any other political status freely 47800 (1940)].
determined by a people constitute modes of
implementing the right of self-determination by Scope and Limitations
that people.” [See Province of North Cotabato “The State in order to promote the general
v. Government of the Republic of the welfare, may interfere with personal liberty,
Philippines Peace Panel on Ancestral Domain, with property, and with business and
G.R. Nos. 183591, 183752, 183893, 183951 & occupations. Persons may be subjected to all
183962 (2008)]. kinds of restraints and burdens, in order to
secure the general comfort, health and
A right to external self-determination (which prosperity of the state and to this fundamental
in this case potentially takes the form of the aim of our Government, the rights of the
assertion of a right to unilateral secession) individual are subordinated” [Ortigas and Co.,
arises in only the most extreme of cases and, Limited Partnership v. Feati Bank and Trust
even then, under carefully defined Co., G.R. No. L- 24670 (1979)].
circumstances.
As police power derives its existence from the
C. Fundamental Powers of the very existence of the State itself, it does not
need to be expressed or defined in its scope.
State xxx So it is that Constitutions do not define the
scope or extent of the police power of the State;
1. Police Power what they do is to set forth the limitations
It is the inherent and plenary power of the State thereof. The most important of these are the
which enables it to prohibit all that is hurtful to due process clause and the equal protection
the comfort, safety and welfare of society clause [Ichong v. Hernandez, G.R. No. L-7995
[Ermita-Malate Hotel and Motel Operators (1957)].
Association, Inc. v. Mayor of Manila, G.R. No.
L-24693 (1967)]. Police power has been characterized as the
most essential, insistent, and the least limitable
It is a power coextensive with self-protection, of powers, extending as it does to all the great
and is not inaptly termed the “law of the public needs [Ermita-Malate Hotel and Motel
overruling necessity” [Rubi v. Provincial Board Operators Association, Inc. v. Mayor of Manila,
of Mindoro, G.R. No. L-14078 (1919)]. supra].
Police power, while incapable of an exact Taxation and Eminent Domain as

definition, has been purposely veiled in general Implements on Police Power
terms to underscore its comprehensiveness to Taxation may be used as an implement of
meet all exigencies and provide enough room police power [Lutz v. Araneta, G.R. No. L-7859
for an efficient and flexible response as the (1955)].
conditions warrant. [White Light Corporation v.
City of Manila, G.R. No. 122846 (2009)]. Eminent domain may be used as an implement
to attain the police objective [Association of
Liberty is a blessing without which life is a Small Landowners v. Secretary of Agrarian
misery, but liberty should not be made to Reform, G.R. No. 78742 (1989)].
prevail over authority because then society will
fall into anarchy. Neither should authority be
made to prevail over liberty because then the
individual will fall into slavery. […]
Page 6 of 384
Specific Coverage Examples of Legitimate Exercise
1. Public Health The PWD mandatory discount on the purchase
2. Public Safety of medicine is supported by a valid objective or
3. Public Morals purpose as aforementioned. It has a valid
4. General Welfare [Abe v. Foster Wheeler subject considering that the concept of public
Corporation, G.R. No. L-14785 & L-14923 use is no longer confined to the traditional
(1960)] notion of use by the public, but held
synonymous with public interest, public benefit,
Who may Exercise Police Power public welfare, and public convenience.
Generally: Legislature
Delegated: As in the case of senior citizens, the discount
1. The President (and executive agencies) privilege to which the PWDs are entitled is
2. Administrative bodies (including the actually a benefit enjoyed by the general public
constitutional commissions) to which these citizens belong. The means
3. Law-making bodies of LGUs employed in invoking the active participation of
the private sector, in order to achieve the
Limitations on Delegation of Police Power purpose or objective of the law, is reasonably
1. It must be made through an express grant and directly related. Also, the means employed
by law; to provide a fair, just and quality health care to
2. It must be exercised within the territorial PWDs are reasonably related to its
jurisdiction of the LGU or the statutory accomplishment, and are not oppressive,
mandate of the delegate; and considering that as a form of reimbursement,
3. The delegate’s exercise must not be the discount extended to PWDs in the
contrary to law. purchase of medicine can be claimed by the
establishments as allowable tax deductions
TEST OF VALID EXERCISE pursuant to Section 32 of R.A. No. 9442 as
A. Means Purpose Test implemented in Section 4 of DOF Revenue
Regulations No. 1-2009. Otherwise stated, the
1. Lawful Subject - The interests of the public, discount reduces taxable income upon which
generally, as distinguished from those of a the tax liability of the establishments is
particular class, require such interference and computed [Drugstores Association of the
that the subject of the measure is within the Philippines, Inc. v. National Council on
scope of the police power [Ichong v. Disability Affairs, G.R. No. 194561 (2016)].
Hernandez, supra]
R.A. No. 9257, the Expanded Senior Citizens
2. Lawful Means - The means employed are Act of 2003, is a legitimate exercise of police
reasonably necessary for the accomplishment power. Administrative Order No. 177 issued by
of the purpose and not unduly oppressive upon the Department of Health, providing that the
individuals [National Development Company v. 20% discount privilege of senior citizens shall
Philippine Veterans Bank, G.R. Nos. 84132-33 not be limited to the purchase of unbranded
(1990)]. generic medicine but shall extend to both
prescription and non-prescription medicine,
B. Reasonability Test whether branded or generic, is valid [Carlos
The limit to police power is reasonability. The Superdrug Corporation v. DSWC, G.R. No.
Court looks at the test of reasonability to decide 166494 (2007)].
whether it encroaches on the right of an
individual. So long as legitimate means can Exercise of Police Power is subject to
reasonably lead to create that end, it is judicial inquiry
reasonable [Morfe v. Mutuc, G.R. No. L-20387 The Legislature’s determination as to what is a
(1968)]. proper exercise of its police powers is not final
or conclusive, but it is subject to the supervision
of the courts [US v. Toribio, G.R. No. L-5060
(1910)].
Page 7 of 384
However, courts cannot delimit beforehand the Requisites for the Valid Exercise of Eminent
extent or scope of the police power, since they Domain
cannot foresee the needs and demands of 1. Necessity
public interest and welfare. So it is that 2. Private Property
Constitutions do not define the scope or extent 3. Public Use
of the police power of the State; what they do 4. Taking
is to set forth the limitations thereof. The most 5. Just Compensation
important of these are the due process clause 6. Due Process
and the equal protection clause [Ichong v.
Hernandez, supra]. 1. Necessity
There must be a necessity which must be of
2. Eminent Domain public character [Manapat v. CA, supra].
The power of eminent domain is the inherent
right of the State to condemn private property Difference as to the direction to expropriate
to public use upon payment of just [Manapat v. CA, supra].
compensation. If directed by Nature of necessity
The right of eminent domain is the ultimate right Congress Political question
of the sovereign power to appropriate, not only
the public but the private property of all citizens A delegate under Justiciable question
within the territorial sovereignty, to public general authority
purpose [Republic v. Heirs of Borbon, G.R. No. (e.g., LGUs)
165354 (2015)].
Example: In Manabat, the expropriation
Two mandatory requirements should
proceedings were initiated by the National
underlie the Government’s exercise of the
Housing Authority (NHA). Although a delegate,
power of eminent domain:
the NHA was acting under P.D. 1072, which
a. It is for a particular public purpose; and
concerned the expropriation of a specific piece
b. Just compensation should be paid to the
of property (there, Grace Park). This was
property owner [Mactan-Cebu
therefore an expropriation directed by the
International Airport Authority v. Lozada,
legislator, and its necessity a political question.
Sr., G.R. No. 176625 (2010)]
2. Private Property
It is well settled that eminent domain is an
General Rule: All private property capable of
inherent power of the State that need not be
ownership may be expropriated
granted even by the fundamental law. Sec. 9,
Art. III merely imposes a limit on the
Exceptions
government’s exercise of this power [Republic
a. Money
v. Tagle, G.R. No. 129079 (1998)].
b. Choses in Action
Who may Exercise Eminent Domain
Chose in Action
Generally: Legislature
It is a personal right not reduced into
Delegated (through charter):
possession such as debts owed by another
1. LGUs
person. It is the right to recover a debt,
2. Other government entities
demand, or damages on a cause of action ex
contractu or for a tort or omission of a duty
The repository of eminent domain powers is
[Black’s Law Dictionary].
the legislature, i.e. exercised through the
enactment of laws. But power may be
3. Public Use
delegated to LGUs and other government
“Public use” has been liberalized not just to
entities (via charter); still, the delegation must
cover cases of actual use by the government
be by law [Manapat v. CA, G.R. No. 110478
for traditional public services (e.g., roads) but
(2007)].
Page 8 of 384
to redistributive purposes (e.g., agrarian Determination of Just Compensation
reform, urban land reform). General Rule: It is computed at the time of the
filing of the complaint for expropriation [Section
Public use includes not only use directly 4, Rule 67, ROC].
available to the public but also those which
redound to their indirect benefit [Heirs of Exceptions:
Ardona v. Reyes, G.R. Nos. L-60549, 60553- • At the time of actual taking, when
55 (1983)]. taking precedes filing of the complaint.
• At the time of payment, after an
As long as the public has the right of use, inequitable lapse of time since the
whether exercised by one or many members of actual taking and the government’s
public, a public advantage or public benefit offer to pay [Heirs of Tria v. Landbank,
accrues sufficient to constitute a public use G.R. No. 170245 (2013)].
[Manosca v. CA, G.R. No. 106440 (1995)].
Inflation will not be considered in determining
4. Taking what the value of a property is for purposes of
There is taking of property when the following computing just compensation [Nepomuceno v.
are present [Republic v. Castellvi, G.R. No. L- CA, G.R. No. 166246 (2008)].
20620 (1974)]:
a. The expropriator must enter a private Determination of Just Compensation is a
property; Judicial Function
b. The entrance into private property must be
for more than a momentary period; The determination of just compensation is a
c. The entry into the property should be judicial function. The executive or legislature
under warrant or color of legal authority; may make the initial determination but when a
d. The property must be devoted to a public party claims a violation in the Bill of Rights, no
use; statute, decree, or executive order can
e. The utilization of the property ousts the mandate that its own determination shall
owner and deprives him of all beneficial prevail over the court’s mandate [EPZA v.
enjoyment of the property. Dulay, G.R. No. L-59603 (1987)].
Not an instance of taking Possessory Taking vs. Regulatory Taking

Imposition of restrictions on the use of property
to protect the public health safety or morals
Possessory Taking Regulatory Taking
from danger is not taking as there is no
dedication to public use [Association of Small
The government The government
Landowners in the Philippines, Inc. v. Sec. of
confiscates or passes a regulation,
Agrarian Reform, G.R. No. 78742 (1989)].
physically occupies but the regulation
property. leaves no
5. Just Compensation
reasonable
Just compensation is defined as the full and fair
economically viable
equivalent of the property taken from its owner
use of the property.
by the expropriator. The measure is not the
taker's gain, but the owner's loss. The word
"just" is used to intensify the meaning of the Generally, and in contrast to expropriation,
word "compensation" and to convey thereby regulation is a species of police power and is
the idea that the equivalent to be rendered for thus non-compensable.
the property to be taken shall be real,
substantial, full, and ample [National However, when the regulation goes “too far”
Transmission Corporation v. Oroville and amounts to a regulatory taking, it will be
Development Corporation, G.R. No. 223366 considered as taking in the eminent domain
(2017)]. sense [City of Manila v. Laguio, G.R. No. 11812
(2005)].
Page 9 of 384
Two stages of Eminent Domain balance, if any, shall be transferred to the
1. Condemnation Stage: Determination of general funds of the Government [Section
the authority of the expropriator to 29(3), Article VI, 1987 Constitution].
exercise the power of eminent domain and
the propriety of its exercise. Requisites [Section 28(1), Article VI]
2. Just Compensation Stage: a. Uniform and Equitable
Determination by the court of the just Taxes should be (a) uniform (persons or things
compensation [Municipality of Biñan v. belonging to the same class shall be taxed at
Garcia, G.R. No. 69260 (1989)]. the same rate) and (b) equitable (taxes should
be apportioned among the people according to
Note: Expropriation proceedings are generally their ability to pay).
initiated by the government, which seeks the
approval of a court for an intended taking. b. Progressive system of taxation
The rate increases as the tax base increases,
When actual taking (occupation) precedes an with social justice as basis. Taxation here is an
expropriation proceeding, the affected private instrument for a more equitable distribution of
individual may file a complaint for just wealth.
compensation (also known as “inverse
expropriation”) [DPWH v. Manalo, G.R. No. The requirement is for Congress to evolve a
217656 (2020)]. progressive system of taxation. Hence, while
the VAT is regressive (as an indirect tax whose
3. Taxation rate does not consider the tax base of the
It is the power by which the State raises consumer to whom it is passed), its imposition
revenue to defray the necessary expenses of is not in violation of this requirement [Tolentino
the Government. It is the enforced proportional v. Secretary of Finance, G.R. No. 115455
contributions from persons and property, levied (1994)].
by the State, for the support of the government
and for all public needs. It is as broad as the c. Delegated tax legislation
purpose for which it is given. Congress may delegate law-making authority
only when the Constitution itself specifically
Purpose: authorizes it.
a. To raise revenue
b. Tool for regulation Scope and Limitation
c. Protection/power to keep alive General Limitations
a. The power to tax exists for the general
Lifeblood theory welfare. It should be exercised only for a
Taxes are the lifeblood of the government, for public purpose.
without taxes, the government can neither exist b. Might be justified as for public purpose
nor endure. A principal attribute of sovereignty, even if the immediate beneficiaries are
the exercise of taxing power derives its source private individuals.
from the very existence of the state whose c. Tax should not be confiscatory. If a tax
social contract with its citizens obliges it to measure is so unconscionable as to
promote public interest and common good. The amount to confiscation of property, the
theory behind the exercise of the power to tax Court will invalidate it. But invalidating a
emanates from necessity; without taxes, tax measure must be exercised with
government cannot fulfill its mandate of utmost caution, otherwise, the State’s
promoting the general welfare and well-being power to legislate for the public welfare
of the people [NPC v. Cabanatuan, G.R. No. might be seriously curtailed.
149110 (2003)]. d. Taxes should be uniform and equitable
[Section 28(1), Article VI, 1987
Tax for special purpose Constitution].
Treated as a special fund and paid out for such
purpose only; when the purpose is fulfilled, the
Page 10 of 384
Judicial review for unconscionable and its constitution and by-laws, the methods of
unjust tax amounting to confiscation of administration, the nature of the actual work
property performed, the character of the services
The legislature has discretion to determine the rendered, the indefiniteness of the
nature, object, extent, coverage, and situs of beneficiaries, and the use and occupation of
taxation. But where a tax measure becomes so the properties. [Lung Center of the Philippines
unconscionable and unjust as to amount to v. Quezon City, G.R. No. 144104 (2004)].
confiscation of property, courts will not hesitate
to strike it down; the power to tax cannot Exception: those portions of its real property
override constitutional prescriptions [Tan v. del that are leased to private entities are not
Rosario, G.R. No. 109289 (1994)]. exempt from real property taxes as these are
not actually, directly and exclusively used for
Specific Limitations charitable purposes. [Lung Center of the
a. Uniformity of taxation Philippines v. Quezon City, supra]
Simply geographical uniformity, meaning it
operates with the same force and effect in 2. If statutory, it has to have been passed by
every place where the subject of it is found majority of all the members of Congress
[Section 28(4), Article VI, 1987 Constitution]
sRule does not prohibit classification for
purposes of taxation, provided the requisites
for valid classification are met [Ormoc Sugar v. D. Relevance of the Declaration
Treasurer of Ormoc, G.R. No. L-237934 of Principles and State Policies
(1968)].
Article II, 1987 Constitution: Declaration of
b. Tax Exemptions Principles and State Policies
No law granting any tax exemption shall be
passed without the concurrence of a majority of Principles (Sections 1-6) – Binding rules
all the Members of Congress [Section 28(4), which must be observed in the conduct of
Article VI, 1987 Constitution]. government [Bernas].
There is no vested right in a tax exemption. State Policies (Sections 7-28) – Guidelines
Being a mere statutory privilege, a tax for the Orientation of the State [Bernas]
exemption may be modified or withdrawn at will
by the granting authority [Republic v. Caguioa, General Rule: Article II of the Constitution is
G.R. No. 168584 (2007)]. not intended to be self-executing principles
ready for enforcement through courts [Tanada
Exemptions may either be constitutional or v. Angara, G.R. No. 118295 (1997)].
statutory:
1. Constitutional exemptions [Section 28(3), Exceptions:
Article VI, 1987 Constitution] The right to a balanced and healthful ecology
[Sec. 16, 1987 Consti.; Oposa v. Factoran, G.R
Charitable institutions, churches and No. 101083 (1993)].
parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, The right to health [Sec. 15, 1987 Consti.;
buildings, and improvements, actually, directly, Imbong v. Ochoa, G.R. No. 204819 (2014)].
and exclusively used for religious, charitable,
or educational purposes shall be exempt from The State policy of full public disclosure of all
taxation. its transactions involving public interest [Sec.
28, 1987 Consti.; Legaspi v. Civil Service
To determine whether an enterprise is a Commission, G.R. No. 72119 (1987)].
charitable institution/entity or not, the elements
which should be considered include the statute
creating the enterprise, its corporate purposes,
Page 11 of 384
PRINCIPLES 2. The principle of sovereign immunity;
3. A person's right to life, liberty and due
The Philippines is a Democratic and process, and
Republican State
International customary rules are accepted as
Section 1, Article II. The Philippines is a democratic
binding as a result from the combination of two
and republican State. Sovereignty resides in the
people and all government authority emanates from elements:
them. 1. The established, widespread, and
consistent practice on the part of States; and
2. A psychological element known as the
The Philippines, under the 1987 Constitution, opinio juris sive necessitates (opinion as to
is not just a representative government but also law or necessity) [Poe-Llamanzares v.
shares some aspects of direct democracy such COMELEC, G.R. No. 221697 (2016)].
as, for instance, the “initiative and referendum”
under Section 32, Article VI [Bernas]. Civilian Supremacy
Renunciation of War
Section 3, Article II. Civilian authority is, at all times,
Section 2, Article II. The Philippines renounces war supreme over the military. The Armed Forces of the
as an instrument of national policy, adopts the Philippines is the protector of the people and the
generally accepted principles of international law as State. Its goal is to secure the sovereignty of the
part of the law of the land and adheres to the policy State and the integrity of the national territory.
of peace, equality, justice, freedom, cooperation,
and amity with all nations.
The supremacy of civilian authority over the
Only refers to wars of aggression, not
military is implemented under the 1987
defensive war.
Constitution with the President as
Commander-in-Chief of the Armed Forces of
Adoption of Generally Accepted Principles
the Philippines.
of International Law
Generally accepted principles of international
Civilian authority (Section 3, Article II) is not
law (GAPIL), by virtue of the incorporation
defeated in a joint task force between the PNP
clause of the Constitution, form part of the laws
and Marines for the enforcement of law and
of the land even if they do not derive from treaty
order in Metro Manila as long as control is left
obligations.
to the PNP [IBP v. Zamora, G.R. No. 141284
(2000)].
Incorporation: When, by mere constitutional
declaration, international law is deemed to
Role of the Armed Forces
have the force of domestic law [Pharmaceutical
a. Protector of the people and the State
and Health Care Assoc. Of the Philippines v.
b. Secure the sovereignty of the State and the
Duque III, G.R. No. 173034 (2007)].
integrity of the national territory
Compare Transformation: Requires that an
Compulsory Military and Civil Service
international law be transformed into a
domestic law through a constitutional Section 4, Article II. The prime duty of the
mechanism such as local legislation [Id.] Government is to serve and protect the people. The
Government may call upon the people to defend the
Allows an international principle, even if not
State and, in the fulfillment thereof, all citizens may
GAPIL, to have the force and effect of domestic be required, under conditions provided by law, to
law. render personal military or civil service.
"Generally accepted principles of

international law" - norms of general or The phrase "under conditions provided by law"
customary international law which are binding was placed in lieu of "with due regard for
on all states, e.g., objections of conscience" and was intended to
1. Renunciation of war as an instrument of give to Congress a flexible guideline for dealing
national policy; with conscientious objectors, e.g., persons who
Page 12 of 384
refuse the military draft for reasons of Freedom from Nuclear Weapons
conscience [Bernas].
Section 8, Article II. The Philippines, consistent
Maintenance of Peace and Order, with the national interest, adopts and pursues a
Promotion of General Welfare policy of freedom from nuclear weapons in its
territory.
Section 5, Article II. The maintenance of peace and
order, the protection of life, liberty, and property, and The ban on nuclear arms includes not only
the promotion of the general welfare are essential for possessing, controlling and manufacturing
the enjoyment by all the people of the blessings of
democracy.
nuclear but also nuclear tests in our territory,
as well as the use of our territory as dumping
ground for radioactive wastes [Bernas].
Recognition of Hierarchy of Rights [Bernas;
Section 5, supra] There is no ban on nuclear energy, which has
a. Life been recognized by the other branches of
b. Liberty government (Congress through the Phil.
c. Property Nuclear Energy Act of 1957; the Executive as
recent as 2022 through the E.O. on the
Separation of Church and State National Position for a Nuclear Energy
Program).
Section 6, Article II. The separation of Church and
State shall be inviolable. Promote Just and Dynamic Social Order
The fact that R.A. No. 3350 grants a privilege Section 9, Article II. The State shall promote a just
to members of said religious sects cannot by and dynamic social order that will ensure the
prosperity and independence of the nation and free
itself render the Act unconstitutional, for the Act the people from poverty through policies that provide
only restores to them their freedom of adequate social services, promote full employment,
association which closed shop agreements a rising standard of living, and an improved quality
have taken away and puts them in the same of life for all.
plane as the other workers who are not
prohibited by their religion from joining labor
Promote Social Justice in All Phases of
unions [Victoriano v. Elizalde Rope Workers,
National Development
G.R. No. L-25246 (1974)].
See also discussion on Establishment Clause Section 10, Article II. The State shall promote
in Constitutional Law II. social justice in all phases of national development.
STATE POLICIES Personal Dignity and Human Rights
Independent Foreign Policy Section 11, Article II. The State values the dignity
of every human person and guarantees full respect
Section 7, Article II. The State shall pursue an for human rights.
independent foreign policy. In its relations with other
states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and Family as Basic Social Institution and
the right to self-determination. Natural and Primary Right and Duty of
Parents in the Rearing of the Youth
Paramount considerations: national
sovereignty, territorial integrity, national Section 12, Article II. The State recognizes the
sanctity of family life and shall protect and
interest, and the right to self-determination. strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the
mother and the life of the unborn from conception.
Page 13 of 384
The natural and primary right and duty of parents in well-being is likewise imperiled as minor
the rearing of the youth for civic efficiency and the children are prone to making detrimental
development of moral character shall receive the decisions” [SPARK v. Quezon City, G.R. No.
support of the Government. 225442 (2017)].
The right and duty referred to here is primary, Protection of the Life of the Mother and the
not exclusive. Life of the Unborn from Conception
Doctrine of Parens Patriae The question of when life begins is a scientific

Parens patriae holds the State under obligation and medical issue that should not be decided
to provide protection and look after the welfare (in the RH petitions) without proper hearing and
of its people especially those who cannot tend evidence [Imbong v. Ochoa, supra].
to themselves. Parens patriae means parent of
his or her country, and refers to the State in its N.B. Discussions in the RH cases on when life
role as "sovereign", or the State in its capacity begins are all personal opinions of the justices.
as a provider of protection to those unable to The discussion in the main opinion was
care for themselves [Southern Luzon Drug expressly cautioned as the personal opinion of
Corporation v. DSWD, G.R. No. 199669 the ponente and is thus, at best, obiter dictum.
(2017)].
Vital Role of Youth in Nation-Building
The State, as parens patriae, has an inherent
right to aid parents in the moral development of Section 13, Article II. The State recognizes the vital
the youth. Hence, the provision in the RH Law role of the youth in nation-building and shall promote
mandating the teaching of age- and and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate
development-appropriate reproductive health in the youth patriotism and nationalism, and
education is not per se unconstitutional; a encourage their involvement in public and civic
ruling on its constitutionality would be affairs.
premature absent an actual curriculum
formulated by the Department of Education
Role of Women in Nation Building
[Imbong v. Ochoa, G.R. No. 204819 (2014)].
Fundamental Equality Before the Law of
Women and Men
Quezon City’s imposed curfew does not violate
Section 12, Article II of the Constitution
because the curfew was done within the role of Section 14, Article II. The State recognizes the role
the State as parens patriae. While parents of women in nation-building, and shall ensure the
fundamental equality before the law of women and
have a primary role in raising a child, “when
men.
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 Right to Health
interests”, especially in cases that may bring
harm to a child or to public safety. This Section 15, Article II. The State shall protect and
overrides a parent’s right to control upbringing promote the right to health of the people and instill
of a child. The State is mandated to support health consciousness among them.
parents in exercise of rights and duties, and
state authority is therefore, not exclusive of, but
Right to a Balanced and Healthful Ecology
rather complementary to parental supervision.
The Curfew Ordinances merely serve as legal Section 16, ArticlE II. The State shall protect and
restrictions designed to aid parents in advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and
promoting their child’s welfare. Though these harmony of nature.
are inherently limiting on the part of the minor,
this is necessary because the youth is
vulnerable and inexperienced, and “their moral
Page 14 of 384
Citizens have a public right to a balanced and communities within the framework of national unity
healthful ecology, the right of which need not and development.
be written in the Constitution for it is assumed
to be an issue of transcendental importance
with intergenerational implications. Such right Community-Based, Sectoral Organizations
carries with it the correlative duty to refrain from
impairing the environment [Oposa v. Factoran, Section 23, Article II. The State shall encourage
G.R. No. 101083 (1993)]. non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Priority to Education, Science, and
Technology, Arts, Culture, and Sports Rule of Communication and Information in
Nation-Building
Section 17, Article II. The State shall give priority to
education, science and technology, arts, culture, Section 24, Article II. The State recognizes the vital
and sports to foster patriotism and nationalism, role of communication and information in nation-
accelerate social progress, and promote total human building.
liberation and development.
Autonomy of Local Governments

Labor as a Primary Social Economic Force
Section 25, Article II. The State shall ensure the

Section 18, Article II. The State affirms labor as a autonomy of local governments.
primary social economic force. It shall protect the
rights of workers and promote their welfare.
Equal Access for Public Service and
Prohibition of Political Dynasties
Self-Reliant and Independent National
Economy
Section 26, Article II. The State shall guarantee
equal access to opportunities for public service, and
Section 19, Article II. The State shall develop a self- prohibit political dynasties as may be defined by law.
reliant and independent national economy
effectively controlled by Filipinos. The state policy against political dynasties is
not self-executing. It does not provide a
judicially enforceable constitutional right but
Role of Private Sector
merely specifies a guideline for legislative or
executive action [Belgica v. Ochoa, G.R. No.
Section 20, Article II. The State recognizes the 208566 (2013)].
indispensable role of the private sector, encourages
private enterprise, and provides incentives to
Honesty and Integrity in Public Service
needed investments.
Section 27, Article II. The State shall maintain

Comprehensive Rural Development and honesty and integrity in the public service and take
Agrarian Reform positive and effective measures against graft and
corruption.
Section 21, Article II. The State shall promote

comprehensive rural development and agrarian Policy of Full Public Disclosure
reform.
Section 28, Article II. Subject to reasonable

Recognition and Promotion of Rights of conditions prescribed by law, the State adopts and
Indigenous Cultural Communities implements a policy of full public disclosure of all its
transactions involving public interest.
Section 22, Article II. The State recognizes and

promotes the rights of indigenous cultural
Page 15 of 384
E. Dynamics Among the government cannot be decided upon by the
Courts.
Branches of Government
The determination of a truly political question
1. Separation of Powers from a non-justiciable political question lies in
Separation of powers is a fundamental the answer to the question of whether there are
principle in our system of government and is constitutionally imposed limits on powers or
founded on the belief that, by establishing functions conferred upon political bodies. If
equilibrium among the three (3) power holders, there are, then our courts are duty-bound to
harmony will result and power will not be examine whether the branch or instrumentality
concentrated and tyranny will be avoided of the government properly acted within such
[Bernas]. Any system that is violative of the limits. [Francisco, Jr. v. House of
principle of separation of powers is Representatives, G.R. No. 160261 (2003)].
unconstitutional and void [Belgica v. Ochoa,
supra]. Application
A. Belgica v. Ochoa, supra
Each of the three branches of government has The Pork Barrel System violates the separation
exclusive cognizance of and is supreme in of powers because it is a form of post
matters falling within its constitutionally enactment authority in the implementation or
allocated sphere; each branch cannot invade enforcement of the budget.
the domain of others. Powers of the 1. The system permits legislative
government are separated to avoid encroachment upon the executive
concentration of powers in any one branch prerogative of implementing the law, by
[Gatmaytan]. giving individual legislators: (a) The power
to determine projects after the General
Three (3) branches of the Philippine Appropriations Act (GAA) is passed; and
government: (b) through congressional committees,
1. Legislative authority in the areas of fund release and
2. Executive realignment, the system encroaches on
3. Judiciary the Executive’s power to implement the
law.
The principle of separation of powers ordains 2. Furthermore, identification of a project by
that each of the three government branches a legislator being a mandatory
has exclusive cognizance of and is supreme in requirement before his PDAF can be
concerns falling within its own constitutionally tapped as a source of funds, his act
allocated sphere. It intends to secure action, to becomes indispensable in the entire
forestall over-action, to prevent despotism, and budget execution process.
to promote efficiency.
B. Ocampo v. Enriquez, G.R. No. 225973
While the separation of powers is not expressly (2016)
provided for in the Constitution [currently found In allowing the internment of Marcos at the
in Sec. 1 of Articles VI, VII, and VIII], it obtains LNMB, which is a land of the public domain
from actual division in the Constitution. Each devoted for national military cemetery and
department has exclusive cognizance of military shrine purposes, President Duterte
matters within its jurisdiction and is supreme decided a question of policy based on his
within its own sphere [Angara v. Electoral wisdom that it shall promote national healing
Commission, G.R. No. L-45081 (1936)]. and forgiveness. There being no taint of grave
abuse of discretion, as discussed below,
Political Question Doctrine President Duterte’s decision on that political
A question in which resolution has been vested question is outside the ambit of judicial review.
by the Constitution exclusively in the people, or
in which full discretionary authority has been
delegated to a co-equal political branch of the
Page 16 of 384
C. Forietrans Manufacturing Corporation v. PDAF are determined by the
Davidoff Et Cie. SA, G.R. No. 197482 (2017) congressman only after the GAA is
The task of determining probable cause is passed. The president then would not be
lodged with the public prosecutor and able to discern whether or not he should
ultimately, the Secretary of Justice. Under the veto the appropriation.
doctrine of separation of powers, courts have 2. It has a detrimental effect on
no right to directly decide matters over which Congressional Oversight. Because
full discretionary authority has been delegated legislators effectively intervene in project
to the Executive Branch of the Government. implementation, it becomes difficult for
them to exercise their (valid) post
D. OCA v. Reyes, A.M. No. P-08- 2535 (2010) enactment role of scrutinizing,
Legislative power cannot limit the Court’s investigating, or monitoring the
power to impose disciplinary actions against implementation of the law, when they are
erring justices, judges and court personnel. no longer disinterested observers [Belgica
Neither should such policy be used to restrict v. Ochoa, supra].
the Court’s power to preserve and maintain the
Judiciary’s honor, dignity and integrity and B. Gonzales v. Aguinaldo, G.R. No. 74769
public confidence that can only be achieved by (1990)
imposing strict and rigid standards of decency Section 8(2) of R.A. No. 6770, providing that
and propriety governing the conduct of justices, the President may remove a Deputy
judges and court employees. Ombudsman, is unconstitutional. Subjecting
the Deputy Ombudsman to discipline and
E. Angara v. Electoral Commission, supra removal by the President, whose own alter
The separation of powers is a fundamental egos and officials in the Executive department
principle in our system of government. It are subject to the Ombudsman’s disciplinary
obtains not through express provision but by authority, cannot but ser0069ously place at risk
actual division in our Constitution. Each the independence of the Office of the
department of the government has exclusive Ombudsman itself. Section 8(2) of R.A. No.
cognizance of matters within its jurisdiction, 6770 intruded upon the constitutionally-granted
and is supreme within its own sphere. But it independence of the Office of the
does not follow from the fact that the three Ombudsman. By so doing, the law directly
powers are to be kept separate and distinct that collided not only with the independence that
the Constitution intended them to be absolutely the Constitution guarantees to the Office of the
unrestrained and independent of each other. Ombudsman, but inevitably with the principle of
The Constitution has provided for an elaborate checks and balances that the creation of an
system of checks and balances to secure Ombudsman office seeks to revitalize. What is
coordination in the workings of the various true for the Ombudsman must equally and
departments of the government. necessarily be true for her Deputies who act as
agents of the Ombudsman in the performance
2. System of Checks and Balances of their duties. The Ombudsman can hardly be
Corollary to Separation of Powers: Prevents expected to place her complete trust in her
authority from being concentrated in one subordinate officials who are not as
branch. Each branch is supreme within their independent as she is, if only because they are
own sphere. subject to pressures and controls external to
her Office [Gonzales III v. Office of the
Application President, G.R. No. 196231 (2014)].
A. Belgica v. Ochoa, supra
The Pork Barrel system is unconstitutional, C. Legislative Veto
among others, because it violates the system
of checks and balances. Congressional oversight is not per se violative,
1. It deprives the president of his item-veto but is integral to separation of powers.
power. As lump-sum appropriations, the However, for a post-enactment congressional
actual projects under each congressman’s measure to be valid, it must be limited to:
Page 17 of 384
1. Scrutiny: Congress’ power of Provincial Board of Mindoro, G.R. No. L-14078
appropriation, i.e., budget hearings, and (1919) cited in Belgica v. Ochoa, supra.
power of confirmation
This is an express exception under the 1987
2. Investigation and monitoring of Constitution. See Article X, Sec. 9 of the 1987
implementation of laws: Using its power Constitution, explicitly mentioning “legislative
to conduct inquiries in aid of legislation bodies of local governments;” and Section 20
[Abakada Guro Partylist v. Purisima, G.R. providing for the coverage of legislative powers
No. 166715 (2008)]. delegated to autonomous regions via the
latter’s organic acts].
A legislative veto, i.e., statutory provision
(which may take the form of a congressional b. Constitutionally-grafted Presidential
oversight committee) that requires the Exceptions
President or an agency to submit the proposed i. Emergency power delegated to the Executive
implementing rules and regulations of a law to during the State of War or National Emergency
Congress for approval, is unconstitutional. It [Section 23(2), Article VI, 1987 Constitution];
encroaches on: and
1. The Executive: For it allows Congress to ii. Certain taxing powers of the President
take a direct role in the enforcement of its [Section 28(2), Article VI, 1987 Constitution].
laws;
The Congress may authorize the President to
2. The Judiciary: Administrative issuances fix, within specified limits, and subject to such
enjoy a presumption of validity, and only limitations and restrictions as it may impose,
the courts may decide whether or not they tariff rates, import and export quotas, tonnage
conform to statutes or the Constitution and wharfage dues, and other duties or
[Abakada Guro Partylist v. Purisima, imposts within the framework of the national
supra] development program of the Government.
3. Delegation of Powers c. The extent reserved to the people by the

provision on initiative and referendum
Rule of Non-Delegation of Legislative [Section 1, Article VI, 1987 Constitution].
Power
Principle: Delegata potestas non potest Subordinate legislation made by
delegari – What has been delegated can no administrative agencies
longer be delegated. The principle of non-delegability should not be
confused with the delegated rule-making
Rationale: Since the powers of the authority of implementing agencies [Belgica v.
government have been delegated to them by Ochoa, supra]. Strictly speaking, what is
the people, who possess original sovereignty, delegated is not “law-making” power, but rule-
these powers cannot be further delegated by making power, limited to (a) filling up the details
the different government departments to some of the law; or (b) ascertaining facts to bring the
other branch or instrumentality of the law into actual operation.
government.
While there are two views on the nature of
General Rule: Only Congress (as a body) may administrative rulemaking and subordinate
exercise legislative power. legislation (i.e., as a species of delegated
legislative power or as an exercise of the
Exceptions executive power to implement the law), the
a. Delegated legislative power to local traditional enumeration of the exceptions (see
governments: Local governments, as an below) include subordinate legislation.
immemorial practice, may be allowed to
legislate on purely local matters [See Rubi v.
Page 18 of 384
Traditional/Simplified Formulation: the law [Pelaez v. Auditor General, G.R. No. L-
23825 (1965)]; and
Who may exercise legislative powers:
b. Sufficient Standard Test: The standard is
General Rule: Congress only. sufficient if it defines legislative policy, marks
its limits, maps out its boundaries and specifies
Exceptions: PLATE the public agency to apply it. It indicates the
circumstances under which the legislative
1. Delegation to the People (by initiative and
command is to be effected [Edu v. Ericta, G.R.
referendum)
No. L-32096 (1970)].
2. Delegation to the Local governments
3. Delegation to the Administrative bodies The standard must specify the limits of the
a. Increasing complexity of the task of delegates authority, announce the legislative
government policy and identify the conditions under which it
b. Lack of technical competence of is to be implemented, e.g.,
● Public interest
Congress
● Justice and equity
c. Administrative bodies may fill up ● Simplicity, sufficiency, and economy
details of statute for implementation
d. Legislature may pass “contingent F. State Immunity
legislation”, which leaves to another
body the business of ascertaining Summary of Rule
facts General Rule: The State cannot be sued.
4. Delegation of Tariff powers to the
President under Constitution [Article 6, Constitutional Basis: Section 3, Article XVI.
The State may not be sued without its consent.
Section 28(2), 1987 Constitution]
5. Delegation of Emergency powers to the International Law Basis: Par in parem non
President under Constitution [Article 6, habet imperium.
Section 23(2), 1987 Constitution] • “An equal does not have power over an
equal”
There is neither an express prohibition nor an
express grant of authority in the Constitution for Basis in Jurisprudence
Congress to delegate to regional or local • Positivist Theory – There can be no
legislative bodies the power to create local legal right as against the authority that
government units. However, under its plenary makes the laws on which the right
legislative powers, Congress can delegate to depends. Also called the doctrine of
local legislative bodies the power to create Royal Prerogative of Dishonesty
local government units, subject to reasonable [Department of Agriculture v. NLRC,
standards and provided no conflict arises with G.R. No. 104269 (1993)].
any provision of the Constitution [Sema v. • Sociological Theory – If the State is
COMELEC, G.R. No. 177597 (2008)]. amenable to suits, all its time would be
spent defending itself from suits and
Test for Valid Delegation this would prevent it from performing its
Rule: There is a valid delegation of legislative other functions [Republic v. Villasor,
power when it passes the following tests – G.R. No. L-30671 (1973)].
a. Completeness test: The law sets forth the Exception: When the State consents to be
policy to be executed, carried out, or sued.
implemented by the delegate [Abakada Guro
Partylist v. Purisima, supra], such that there is How consent is given:
nothing left for the delegate to do but to enforce 1. Express
a. Through general law; or
Page 19 of 384
b. Through special law 4. Even when the suit, on its face, is against
2. Implied an officer but liability will belong to/fall on
a. When the State enter into business the government.
contracts with individuals (performing
proprietary functions); When is a suit NOT against the State?
b. When the State commences litigation 1. When it partakes of the nature of ordinary
and becomes vulnerable to business rather than functions of a
counterclaim; governmental or political character;
c. When it would be inequitable for the 2. When the purpose of the suit is to compel
State to invoke immunity; and an officer charged with the duty of making
d. In eminent domain cases. payments pursuant to an appropriation
made by law in favor of the plaintiff to
a. Two Theories of Sovereign Immunity make such payment, since the suit is
[US v. Ruiz, G.R. No. L-35645 (1985)] intended to compel performance of a
ministerial duty [Begosa v. Philippine
1. Absolute or Classical Theory — A Veterans Association, G.R. No. L-25916
sovereign cannot, without its consent, be made (1970)];
a respondent in the courts of another 3. When it is clear that the respondent is a
sovereign. public officer sued in a private capacity;
4. When the action is not in personam with
This derives from the principle of sovereign the government as the named defendant,
equality found in Article 2(1) of the UN Charter but an action in rem that does not name
as well as generally accepted principles of the government in particular.
international law. 5. When the officer sued acted beyond his
official capacity (i.e., ultra vires)
2. Restrictive Theory — The immunity of the
sovereign is recognized only with regard to Official Capacity vs. Personal Capacity
public acts or acts (jure imperii) of state, but not The doctrine of non-suability applies only in
regard to private acts or acts (jure gestionis) cases wherein the complaint is against officials
of state for acts performed in discharge of
The Philippines follows the restrictive theory. duties or his official capacity. When officials
abuse this authority gravely (like discriminatory
The restrictive theory came about because of behavior), this is no longer an official state act
the entry of sovereign states into purely and the official may now be sued in his
commercial activities remotely connected with personal capacity [Shauf v. CA, G.R. No.
the discharge of governmental functions. This 90314 (1990)].
is particularly true with respect to the
Communist states which took control of Beyond Scope of Authority
nationalized business activities and When officials, while discharging their official
international trading. (The Holy See v. Rosario, functions, commit acts that are beyond their
Jr., G.R. No. 101949 (1994)]. scope of authority (i.e., police forces firing upon
civilians and killing them, mistakenly believing
b. Suits Against the State they were Communists), they will be liable in
their personally capacity and thus will not be
When is a suit considered a suit against the covered by state immunity [Republic v.
State? Sandoval, G.R. No. 84607 (1993)].
1. If it produces adverse consequences to
public treasury in terms of disbursement c. Consent To Be Sued
as well as loss of government property,
regardless of the defense; (1) Express Consent
2. When the Republic is sued in its name;
3. When the suit is against an unincorporated Effected only by the will of the legislature
government agency; and through the medium of a duly enacted statute;
Page 20 of 384
may be embodied either in a general law or a SECTION 5. When the Government of the
special law. Philippines is plaintiff in an action instituted in any
court of original jurisdiction, the defendant shall have
The exclusion of existing private rights from the the right to assert therein, by way of set-off or
reservation established by Proclamation No. counterclaim in a similar action between private
parties.
90 can not be construed as a waiver of the
immunity of the State from suit. Waiver of
immunity, being a derogation of sovereignty, b. Torts
will not be inferred lightly, but must be
construed in strictissimi juris. Moreover, the 1. Liability of local government units
Proclamation is not a legislative act. The Provinces, cities and municipalities shall be
consent of the State to be sued must emanate liable for damages for the death or injuries
from statutory authority. Waiver of State suffered by any person by reason of the
immunity can only be made by an act of the defective conditions of roads, streets, public
legislative body. (Republic v. Feliciano, G.R. buildings and other public works under their
No. 70853 (1987)]. control and supervision [Article 2189, CC].
When the State expressly states their consent 2. Vicarious liability for special agents
to be sued through legislation (including The Government is only liable for the acts of its
treaties), it waives its immunity from suit. agents, officers and employees, when they act
However, this waiver of immunity may be as special agents within the meaning of the
limited to certain legal actions (i.e., under the provision [Article 2180(6), CC].
VFA, there is a waiver of immunity by the US
under criminal jurisdiction but not to civil Special Agent — One who receives a definite
actions) [Arigo v. Swift, G.R. No. 206510 and fixed order or commission, foreign to the
(2014)]. exercise of the duties of his regular office [See
Merritt v. Government of the Philippine Islands,
(i) General Law G.R. No. L-11154 (1916)].
Authorizes any person who meets the One who performs his regular functions, even
conditions stated in the law to sue the if he is called a “special agent”, is not a special
government in accordance with the procedure agent within the context of Government liability
in the law; e.g., [USA v. Guinto, G.R. No. 76607 (1990)].
a. Money claims arising from contract 3. Liability under the Local Government
express or implied Code
Local government units and their officials are
Act No. 3083: An Act Defining the Conditions not exempt from liability for death or injury to
under which the Government of the Philippines persons or damage to property [Section 24,
may be sued. LGC].
SECTION 1. Complaint against Government. — (ii) Special Law — May come in the
Subject to the provisions of this Act, the Government
of the Philippines hereby consents and submits to
form of a private bill authorizing a
be sued upon any moneyed claim involving liability named individual to bring suit on a
arising from contract, express or implied, which special claim.
could serve as a basis of civil action between private
parties. By consenting to be sued a state simply waives
its immunity from suit. It does not thereby
SECTION 2. A person desiring to avail himself of the
privilege herein conferred must show that he has
concede its liability to plaintiff, or create any
presented his claim to the Insular Auditor [now the cause of action in his favor, or extend its liability
Commission on Audit] and that the latter did not to any cause not previously recognized. It
decide the same within two months from the date of merely gives a remedy to enforce a pre-
its presentation. existing liability and submits itself to the
Page 21 of 384
jurisdiction of the court, subject to its right to express consent [SSS v. Court of Appeals,
interpose any lawful defense [Merritt v. G.R. No. L-41299 (1983)].
Government of the Philippine Islands, supra]
b. Unincorporated: There must be an
(2) Implied Consent inquiry into the principal functions of
government.
a. In instances when the State takes private
property for public use or purpose i. If governmental: No suit without its
(eminent domain). consent [Bureau of Printing v. Bureau
b. When the State enters into a business of Printing Employees Association,
contract (in jure gestionis or proprietary G.R. No. L-15751 (1961)].
functions).
c. When it would be inequitable for the State ii. If proprietary: The suit will lie
to invoke its immunity. because when the State engages in
d. If the government files a complaint and principally proprietary functions, it
seeks affirmative relief, the defendant may descends to the level of a private
file a counterclaim against it. individual, and may, therefore be
e. When the State directs a compensate vulnerable to suit [Civil Aeronautics
taking (e.g., appropriation) for just Administration v. Court of Appeals,
compensation of the plaintiff. G.R. No. L-51806 (1988)].
Note: When the DOTC constructed the The State may only be liable for
encroaching structures and subsequently proprietary acts (jure gestionis) and
entered into the FLA with Digitel for their not for sovereign acts (jure imperii).
maintenance, it was carrying out a sovereign
function. Therefore, these are acts jure imperii
Types Function Role
that fall within the cloak of state immunity.
However, the doctrine of state immunity cannot Incorporated Governmental CAN be sued
serve as an instrument for perpetrating an or proprietary ONLY IF
injustice to a citizen. The SC, citing Ministerio charter allows
v. CFI (1971), held that when the government
takes any property for public use, which is Unincorpora Governmental CANNOT be
conditioned upon the payment of just ted sued unless
compensation, to be judicially ascertained, it consent is
makes manifest that it submits to the given
jurisdiction of a court. The Department's entry
into and taking of possession of the Proprietary CAN be sued
respondents' property amounted to an implied
waiver of its governmental immunity from suit
[DOTC v. Sps. Abecina, G.R. No. 206484 Note: The State's immunity from suit did not
(2016)]. extend to the NHA despite its being a
government owned and controlled corporation.
d. Specific Rules Under Section 6(i) of PD No. 757, which was
its charter, the NHA could sue and be sued.
Suits against Government Agencies: There is no question that the NHA could sue or
be sued, and thus could be held liable under
Suability depends on whether the agency is the judgment rendered against it. But the
incorporated (i.e., there is a separate charter) universal rule remains to be that the State,
or unincorporated (i.e., no separate although it gives its consent to be sued either
personality). by general or special law, may limit the
claimant's action only up to the completion of
a. Incorporated: If the charter provides that proceedings anterior to the stage of execution.
the agency can sue, then the suit will lie. The power of the court ends when the
The provision in the charter constitutes
Page 22 of 384
judgment is rendered because government f. Scope of Consent (Consent to Liability,
funds and property may not be seized pursuant Independently Required)
to writs of execution or writs of garnishment to
satisfy such judgments. The functions and When a money judgment is given against the
public services of the State cannot be allowed government, the ordinary rule for execution
to be paralyzed or disrupted by the diversion of would not apply, for the consent of the
public funds from their legitimate and specific government to be sued is only up to the point
objects, and as appropriated by law. The rule of judgment. If it does not pay, it cannot be
is based on obvious considerations of public compelled to pay by attachment or otherwise.
policy [National Housing Authority v. Roxas,
G.R. No. 171953 (2015)]. Consent to be sued is not a concession of
liability. Suability depends on the consent of
Suits against Public Officers the State to be sued, and liability on the
General Rule: The doctrine of state immunity applicable law and the established facts. The
also applies to complaints filed against officials circumstance that a State is suable does not
of the State for acts performed by them in the necessarily mean that it is liable, but it can
discharge of their duties within the scope of never be held liable if it does not first consent
their authority. to be sued. When the State does waive its
sovereign immunity, it is only giving the plaintiff
Exception: The doctrine of immunity from suit the chance to prove that it is liable [USA v.
will not apply and may not be invoked where Guinto, G.R. No. 76607 (1990)].
the public official is being sued in his (1) private
and personal capacity as an ordinary citizen, g. Estoppel
for (2) acts without authority or in excess of the General Rule: The State cannot be put in
powers vested in him [Lansang v. CA, G.R. No. estoppel by the mistakes or errors of its officials
102667 (2000)]. or agents [Republic v. Galeno, G.R. No.
215009 (2017)].
Note: Acts done without authority are not acts
of the State (see Beyond Scope of Authority). Exception: Estoppel may not be invoked
where they would operate to defeat the
e. Exceptions to Prior Consent Rule effective operation of a policy adopted to
Jurisprudence provides these exceptions, protect the public, or in those special cases
when the State or public officer may be sued where the interest of justice clearly required it.
without prior consent: Respondent had already acquired a vested
1. To compel the State or public officer to do right on the tax classification of its San Mig
an act required by law; Light as a new brand. To allow petitioner to
2. To restrain the State or public officer from change its position will result in deficiency
enforcing an act claimed to be assessments in substantial amounts against
unconstitutional; respondent to the latter's prejudice
3. To compel the payment of damages from [Commissioner of Internal Revenue v. San
an already appropriated assurance fund or Miguel Corporation, G.R. Nos. 205045 &
to refund tax over-payments from a fund 205723 (2017)].
already available for the purpose;
4. To secure a judgment that the officer G. National Territory
impleaded may satisfy by himself without
1. Scope
the State having to do a positive act to
assist him; 1987 Constitution
5. Where the government itself has violated
Article I. The national territory comprises the
its own laws [Sanders v. Veridiano II, G.R. Philippine archipelago, with all the islands and
No. L-46930 (1988)]. waters embraced therein, and all other territories
over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the
Page 23 of 384
seabed, the subsoil, the insular shelves, and other the Turtle and Mangsee Islands [Bernas
submarine areas. The waters around, between, and (2003), cited in Justice Velasco’s
connecting the islands of the archipelago, concurring opinion in Magallona v. Ermita,
regardless of their breadth and dimensions, form G.R. No. 187167 (2011)].
part of the internal waters of the Philippines.
Methods of Baseline Determination
The national territory is comprised of — Baselines laws such as R.A. No. 9522 are
1. Philippine archipelago, with all the islands enacted by United Nations Convention on the
and waters embraced therein, including Law of the Seas III (UNCLOS III) State parties
internal waters; and to mark-out specific basepoints along their
2. All other territories over which the coasts from which baselines are drawn, either
Philippines has sovereignty or jurisdiction. straight or contoured, to serve as geographic
It consists of — starting points to measure the breadth of the
a. Territorial sea, seabed, subsoil, insular maritime zones and continental shelf.
shelves, and other submarine areas UNCLOS III and its ancillary baselines laws
b. Terrestrial, fluvial, and aerial domains play no role in the acquisition, enlargement or,
[Article I, 1987 Constitution] as petitioners claim, diminution of territory.
Internal Waters: The waters around, between, UNCLOS III has nothing to do with the
and connecting the islands of the archipelago, acquisition (or loss) of territory. It is a
regardless of their breadth and dimensions, multilateral treaty regulating, among others,
form part of the internal waters of the sea-use rights over maritime zones (i.e., the
Philippines [Article I, 1987 Constitution]. territorial waters [12 nautical miles from the
baselines], contiguous zone [24 nautical miles
Archipelagic Doctrine - The Philippine from the baselines], exclusive economic zone
Archipelago is one single unit. Hence, all [200 nautical miles from the baselines]), and
waters within the Philippines’ baselines – continental shelves that UNCLOS III delimits.
regardless of their breadth and distance from
the nearest island coastline – are archipelagic UNCLOS III was the culmination of decades
waters.” long negotiations among United Nations
members to codify norms regulating the
Within the archipelago, the Philippines conduct of States in the world's oceans and
exercises territorial sovereignty, limited only by submarine areas, recognizing coastal and
the freedom of navigation and overflight in the archipelagic States' graduated authority over a
UNCLOS. limited span of waters and submarine lands
along their coasts. XXX Under traditional
Treaty limits of the Philippine archipelago international law typology, States acquire (or
1. Treaty of Paris of 10 December 1898: conversely, lose) territory through occupation,
“Spain cedes to the United States the accretion, cession and prescription, not by
archipelago known as the Philippines executing multilateral treaties on the
Islands, and comprehending the islands regulations of sea-use rights or enacting
lying within the following line” xxx statutes to comply with the treaty's terms to
delimit maritime zones and continental
Article 3 defines the metes and bounds of shelves. Territorial claims to land features are
the archipelago by longitude and latitude, outside UNCLOS III and are instead governed
degrees and seconds. by the rules on general international law
[Magallona v. Ermita, G.R. No. 187167 (2011)].
2. Treaty of Washington of 7 November
1900 between the United States and R.A. No. 9522 (March 10, 2009) - The current
Spain: Ceding Cagayan, Sibuto and Sulu. baselines law created 101 base points around
the Philippines to determine the baseline. This
3. Treaty of 12 January 1930 between the aims to demarcate the country's maritime zone
United States and Great Britain: Ceding and continental shelf in accordance with
Page 24 of 384
UNCLOS III and is not meant to delineate
Philippine territory. Under the Treaty of Paris,
II. LEGISLATIVE
baselines cannot be drawn from the DEPARTMENT
boundaries or other portions of the rectangular
area but the outermost islands and drying reefs A. Nature of Legislative Power
of the archipelago.
1. Derivative and Delegated Power
R.A. No. 9522 is not unconstitutional: (1) It
is a statutory tool to demarcate the maritime
zone and continental shelf of the Philippines SECTION 1, ARTICLE VI. The legislative power
under UNCLOS III and does not alter the shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of
national territory. (2) While UNCLOS III does
Representatives, except to the extent reserved to
not bind the Philippines to pass a baselines the people by the provision on initiative and
law, Congress may do so. (3) The law also referendum.
does not abandon the country's claim to
Sabah, as it does not expressly repeal the
entirety of R.A. No. 5446. Derivative legislative power is that which has
been delegated by the sovereign people to
R.A. No. 9522 uses the framework of regime of legislative bodies such as the Congress and is
islands in determining the maritime zones of subordinate to the original power of the people.
the Kalayaan Island Group (KIG) and [Garcia v. COMELEC, G.R. No. 111230
Scarborough Shoal. Regime of islands refers (1994)].
to any natural formed area of land surrounded
by water that generate their own applicable “[E]xcept to the extent reserved to the
maritime zone [UNCLOS III]. people by the provision on initiative and
referendum”
Straight baseline method — Consists of
drawing straight lines connecting appropriate This clause pertains to the original power of
points on the coast without departing to any legislation which the sovereign people have
appreciable extent from the general direction of reserved for their exercise in matters they
the coast, in order to delineate the internal consider fit. Considering that derivative
waters from the territorial waters of an legislative power is merely delegated by the
archipelago. (Note: This is the method sovereign people to its elected representatives,
prescribed under the UNCLOS) it is deemed subordinate to the original power
of the people. [Marmeto v. COMELEC, G.R.
R.A. No. 9522 amends R.A. No. 3046 (as No. 213953 (2017)].
amended by R.A. No. 5446). R.A. No. 3046
determined appropriate points of the outermost Tests for Valid Delegation
islands of the archipelago, then connected Rule: There is a valid delegation of legislative
them by means of a straight line until all islands power when it passes the following tests –
were surrounded or enclosed by the imaginary
lines. R.A. No. 5446 states that the definition of 1. Completeness Test
the baselines of the territorial sea of the The law sets forth the policy to be executed,
Philippine Archipelago is without prejudice to carried out, or implemented by the delegate
the delineation of the baselines of the territorial [Abakada Guro Partylist v. Purisima, supra],
sea around the territory of Sabah, situated in such that there is nothing left for the delegate
North Borneo, over which the Republic of the to do but to enforce the law [Pelaez v. Auditor
Philippines has acquired dominion and General, G.R. No. L-23825 (1965)]; and
sovereignty.
2. Sufficient Standard Test
The standard defines legislative policy, marks
its limits, maps out its boundaries and specifies
the public agency to apply it. It indicates the
circumstances under which the legislative
Page 25 of 384
command is to be effected [Edu v. Ericta, G.R. which shall be expressed in the title [Section
No. L-32096 (1970)]. 26(1), Article VI, 1987 Constitution].
Note: Acts which are purely legislative in 2. The title is not required to be an index of
character (e.g., making of laws) cannot be the contents of the bill. It is sufficient
delegated to an administrative body (in compliance if the title expresses:
contrast to the ascertainment of facts or the (a) the general subject; and
filing of details which can be delegated to (b) all the provisions of the statute are
administrative agencies). germane to that subject [Tio v. Videogram
Regulatory Commission, G.R. No. L-
2. Plenary Character 75697 (1987)].
The grant of legislative power to Congress is 3. No bill passed by either house shall become
broad, general, and comprehensive. The law unless it has passed three (3) readings on
legislative body possesses plenary power for separate days [Section 26(2), Article VI, 1987
all purposes of civil government. Any power, Constitution].
deemed to be legislative by usage and
tradition, is necessarily possessed by 4. Printed copies in its final form must have
Congress, unless the Constitution has lodged been distributed.
it somewhere.
Exception: When the President certifies the
Except as limited by the Constitution, either necessity of its immediate enactment to meet
expressly or impliedly, legislative power a public calamity or emergency.
embraces all subjects and extends to all
matters of general concern or common interest Presidential certification dispenses with (1) the
[Kida v. Senate of the Philippines, G.R. No. printing requirement; and (2) the requirement
196271 (2011)]. for readings on separate days [Kida v. Senate,
G.R. No. 196271 (2011), citing Tolentino v.
3. Limitations Secretary of Finance, supra].
4. Exceptions to Non-Delegability
SECTION 26 (2), ARTICLE VI. No bill passed by
either House shall become a law unless it has
passed three readings on separate days, and a. Principle
printed copies thereof in its final form have been Delegata potestas non potest delegari –
distributed to its Members three days before its What has been delegated cannot be further
passage, except when the President certifies to delegated.
the necessity of its immediate enactment to meet
a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be b. Rationale
allowed and the vote thereon shall be taken Since the powers of the government have
immediately thereafter, and the yeas and nays been delegated to them by the people, who
entered in the journal. possess original sovereignty, these powers
cannot be further delegated by the different
Substantive Limitations government departments to some other
Circumscribe both the exercise of the power branch or instrumentality of the government.
itself and the allowable subject of legislation
(i.e., non-delegation). c. General Rule; Exceptions
Formal/Procedural Limitations General Rule: Only Congress (as a body)

1. Prescribes the manner of passing bills and may exercise legislative power.
the form they should take.
Exceptions:
Rider clause: Every bill passed by the 1. Delegated legislative power
Congress shall embrace only one subject, to local governments;
Page 26 of 384
2. Constitutionally-grafted exceptions Exercise of Legislative Powers by Local
a. Emergency power delegated Government
to the Executive during State
of War or National Requirements of a valid ordinance (CUPPU-
Emergency [Section 23(2), GC):
Article VI, 1987 Constitution] a. It must not CONTRAVENE the
b. Certain taxing powers of the Constitution or any statute;
President [Section 28(2), b. It must not be UNFAIR or oppressive;
Article VI, 1987 Constitution] c. It must not be PARTIAL or
c. The extent reserved to the discriminatory;
people by the provision on d. It must not PROHIBIT but may
initiative and referendum regulate trade;
[Section 1, Article VI, 1987 e. It must not be UNREASONABLE;
Constitution] f. It must be GENERAL and
CONSISTENT with public policy
Note: Subordinate legislation made [Magtajas v. Pryce Properties, G.R.
by administrative agencies – The principle of No. 111097 (1994)].
non-delegability should not be confused with
the delegated rule-making authority of Presidential Power under Martial Law or in
implementing agencies [Belgica v. Ochoa, a Revolutionary Government
supra].
SECTION 23(2), ARTICLE VI. In times of war or
Strictly speaking, what is delegated is not other national emergency, the Congress may, by
“lawmaking” power, but rule-making power, law, authorize the President, for a limited period
limited to (a) filling up the details of the law; or and subject to such restrictions as it may
(b) ascertaining facts to bring the law into prescribe, to exercise powers necessary and
actual operation. proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next
The President did not proclaim a national adjournment thereof.
emergency, only a state of emergency in the
three places in ARMM. And she did not act
pursuant to any law enacted by Congress that Congress may delegate legislative powers to
authorized her to exercise extraordinary the president in times of war or in other national
powers. emergencies [David v. Macapagal-Arroyo,
G.R. No. 171396 (2006)].
The calling out of the armed forces to prevent
or suppress lawless violence in such places is 5. Legislative Power of the People
a power that the Constitution directly vests in Through Initiative and Referendum
the President. She did not need congressional
authority to exercise the same [Ampatuan v. People’s Initiative on Statutes. Legislative
Puno, G.R. No. 190259 (2011)]. power is also vested in the people by the
system of initiative and referendum [Section 1,
Under its plenary legislative powers, Congress Article VI, 1987 Constitution]. The power of
can delegate to local legislative bodies the initiative and referendum is the power of the
power to create local government units, people directly to “propose and enact laws or
subject to reasonable standards and provided approve or reject any act or law or part thereof
no conflict arises with any provision of the passed by the Congress or local legislative
Constitution [Sema v. COMELEC, G.R. No. body” [Section 32, Article VI, 1987
177597 (2008)]. Constitution].
The provision is not self-executing [Defensor-

Santiago v. COMELEC, G.R. No. 127325
(1997)].
Page 27 of 384
a. R.A. No. 6735 of the LGUs may approve, amend, or
An Act Providing for a System of Initiative and reject any ordinance enacted by the
Referendum and Appropriating Funds Sanggunian [LGC, Sec. 26].
Therefor
h. Is the power to hold a referendum
This is valid for (a) laws, (b) ordinances, and plenary? – NO
(c) resolutions, but not amendments to the
Constitution [Defensor-Santiago, supra]. Limitations:
1. No petition embracing more than one
b. Local Initiative; Voter Requirements subject shall be submitted to the
electorate; and
2. Statutes involving emergency
Region Not less than x
measures, the enactment of which is
registered voters
specifically vested in Congress by the
Autonomous 2000 Constitution, cannot be subject to
regions referendum until 90 days after their
effectivity [Section 10, R.A. No. 6735].
Provinces 1000
B. House of Congress;
Municipalities 100 Compositions and
Qualifications
Barangays 50
Senate House of
Represent
c. Where to File atives
Regional Assembly or local legislative body,
Provision Sections 2- Sections 5-8,
as the case may be [Section 13, R.A. No. Article VI
14, Article VI
6735].
d. Limitations on Local Initiative

Cannot be exercised more than once a year; Compositi 24 senators Not more
extends only to subjects or matters which are on elected at than 250
within the legal powers of the local legislative large members,
bodies to enact; and if at any time before the unless
initiative is held, the local legislative body otherwise
should adopt in toto the proposition provided by
presented, the initiative shall be canceled law,
[Section 15, R.A. No. 6735]. consisting of;
Referendum a. District
Representativ
This refers to the power of the electorate to
es;
approve or reject legislation through an
election called for that purpose [Section 3(c),
b. Party-List
R.A. No. 6735].
Representativ
es
e. Classes of Referendum
1. Referendum on Statutes: Petition to Qualificati a. Natural- a. Natural-
approve or reject an act or law, or part on born citizen born citizen
thereof, passed by Congress; b. At least b. At least 25
2. Referendum on Local Laws: Legal 35 years old years old on
process whereby the registered voters
Page 28 of 384
Senate House of 2. House of Representatives

Represent
atives a. District Representatives and
Questions of Apportionment
on the day of the day of
the election the election District Representatives - Elected from
c. Able c. Able legislative districts apportioned among the
to read to read
provinces, cities, and Metro Manila area.
and write and write
d. A d. A
Rules on Apportionment of Legislative
registered registered
Districts
voter voter in the
district he
Resident of seeks to
i. Apportionment of legislative districts
the represent must be by law which could be a:
Philippines for a. General Apportionment Law; or
at least 2 A resident of b. Special Law (i.e., creation of new
years the said provinces)
immediately district for at
preceding the least 1 year Note: The power to apportion legislative
day of the immediately districts is textually committed to Congress by
election preceding the the Constitution. Thus, it cannot be validly
day of the delegated to the ARMM Regional Assembly
election
[Sema v. COMELEC, G.R. No. 177597 (2008)].
Term of 6 years 3 years
Office Under the Constitution and the LGC,
apportionment and reapportionment do not
require a plebiscite [Bagabuyo v. COMELEC,
Term of 2 3 consecutive G.R. No. 176970 (2008)].
Limits consecutive terms
terms ii. Proportional representation based on
number of inhabitants:
Note: Citizenship must be Filipino at the time a. Each city with a population of at least
of assumption of office [Frivaldo v. COMELEC, 250,000 shall have at least 1
G.R. No. 120295 (1996)]. representative.
b. Each province, irrespective of the
1. Senate number of inhabitants, shall have at
The Senate of each Congress acts separately least 1 representative.
and independently of the Senate of the
Congress before it. Due to the termination of There is no fixed 250,000:1 ratio. 250,000 is
the business of the Senate during the simply the “minimum population requirement”
expiration of one (1) Congress, all pending and a city with 450,000 may have two (2)
matters and proceedings, such as unpassed congressional districts. [Mariano v. COMELEC,
bills and even legislative investigations, of the G.R. No. 118577 (1995)].
Senate are considered terminated upon the
expiration of that Congress and it is merely iii. Each legislative district shall comprise,
optional on the Senate of the succeeding as far as practicable, contiguous, compact,
Congress to take up such unfinished matters, and adjacent territory (Anti-gerrymandering
not in the same status, but as if presented for provision).
the first time [Balag v. Senate of the
Philippines, G.R. 234608 (2018)]. iv. Re-apportionment by Congress within
3 years after the return of each census.
Page 29 of 384
Note: “Apportionment” refers to the i. A party that participates in the
determination of the number of representatives legislative district elections
which a State, county, or other subdivision may may still participate in the party-
send to a legislative body, while list through a sectoral wing.
“reapportionment” refers to the realignment or ii. The sectoral wing can be part
change in legislative districts brought about by of the political party’s coalition,
changes in population and mandated by the
but the former must be
constitutional requirement of equality of
registered independently in the
representation [Bagabuyo v. COMELEC,
supra]. party-list system.
b. Party-List System 4. Sectoral parties or organizations may either

be (a) “marginalized or underrepresented”
(e.g., labor, peasant, fisherfolk); or (b) “lacking
ii. Party-List Representatives
in well-defined political constituencies” (e.g.,
They shall constitute 20% of the total number
professionals, women, elderly, youth);
of representatives, elected through a party-list
system of registered national, regional, and
sectoral parties or organizations. 5. The nominees of sectoral parties or
organizations, of either type, must (a) belong
1. Sectoral Representatives to their respective sectors, or (b) have a track
For 3 consecutive terms from 2 February 1987, record of advocacy for their respective
1⁄2 of the party-list seats shall be allotted to sectors. Majority of the members of a sectoral
sectoral representatives to be chosen by party, of either type, must belong to the sector
appointment or election, as may be provided they represent;
by law. Until a law is passed, they are
appointed by the President from a list of 6. National, regional, or sectoral parties or
nominees by the respective sectors [Section 7, orgs shall not be disqualified if some of their
Article XVIII, 1987 Constitution]. nominees are disqualified, provided they
have at least 1 nominee who remains
Note: The party-list system is not synonymous qualified [Atong Paglaum, supra].
with sectoral representation [Atong Paglaum v.
COMELEC, G.R. No. 203766 (2013), citing the iv. Disqualifications and Qualifications
1986 Constitutional Commission Records]. See R.A. No. 7941: An Act Providing for The
Election Of Party-List Representatives
iii. Atong Paglaum Guidelines: Through The Party-List System, and
1. Three different parties or organizations may Appropriating Funds Therefor
participate in the party-list system:
1. National; 2. Disqualified Parties
2. Regional; or 1. Religious sects;
3. Sectoral; 2. Foreign organizations;
3. Advocating violence or unlawful
2. National and regional parties or means;
organizations do not need to (a) organize 4. Receiving support from any foreign
along sectoral lines, or (b) represent any government, foreign political party,
“marginalized or underrepresented” sector; foundation, organization, whether
directly or through any of its officers
3. Political parties may participate in the party- or members or indirectly through third
list system provided: parties for partisan election purposes;
a. they register under the party-list 5. Violating or failing to comply with
system; laws, rules or regulations relating to
b. they do not field candidates in elections;
legislative district elections. 6. Declaring untruthful statements in its
petition;
Page 30 of 384
7. Ceased to exist for at least one (1) list system. There is no violation of the
year; or Constitution because the 1987 Constitution
8. Failing to participate in the last two (2) does not require absolute proportionality for
preceding elections or fails to obtain the party-list system [BANAT v. COMELEC,
at least 2 per centum of the votes cast G.R. No. 179271 (2009)].
under the party-list system in the two
(2) preceding elections for the vi. Rules on Computation of Seats: Two-
constituency in which it has Round Allocation
registered.
Step 1: Compute total number of seats
3. Qualified Sectors allocated for party-list representatives.
Note: This qualification applies only to
sectoral parties. Participating national or Step 2: Rank all party-list candidates from
regional parties need not fall under any of highest to lowest based on the number of
these sectors [Atong Paglaum, supra]. votes they garnered.
1. Labor
2. Peasant Step 3: Compute for each party-list
3. Fisherfolk candidate’s percentage of votes garnered in
relation to the total number of votes cast for
4. Urban Poor
party-list candidates.
5. Indigenous Cultural Communities
6. Elderly Step 4: Round 1 – Allocate one (1) seat each
7. Handicapped for a party-list that garnered at least 2% of the
8. Women total number of votes.
9. Youth
10. Veterans Step 5: Round 2 – Assign additional seats
11. Overseas Workers from the balance (i.e., total number of party-list
12. Professionals seats minus Round 1 allocations) by:
v. Four parameters of the party-list system a. Allocating one (1) seat for every whole
integer (e.g., if a party garners 2.73% of the
1. 20% Allocation - 20% of the total number vote, assign it two (2) more seats; if 1.80%,
of the membership of the House of assign it one (1) more seat); then
Representatives is the maximum number of
seats available to party-list organizations. b. Allocating the remaining seats (i.e., total
seats minus Round 1 and Round 2a
2. 2% Threshold - Garnering 2% of the total allocations) to those next in rank until all seats
votes cast in the party-list elections guarantees are completely distributed.
a party-list organization one (1) seat.
Step 6: Apply the 3-Seat Cap, if necessary [see
3. Additional Seats - The additional seats, BANAT v. COMELEC, supra].
that is, the remaining seats after allocation of
the guaranteed seats, shall be distributed to vii. ARARO v. COMELEC, G.R. No. 192803,
the party-list organizations including those that December 10, 2013
received less than two percent of the total The Supreme Court further modified the
votes. This distribution will continue until all the formula used and interpreted in BANAT v.
seats have been filled. COMELEC. Thus, the formula to determine
the proportion garnered by the party-list
4. 3-Seat Cap - The three-seat cap is group would now henceforth be:
constitutional.
(Number of votes of party list)/(Total number of
Note: It is intended by the Legislature to valid votes for party-list candidates) =
prevent any party from dominating the party-
Page 31 of 384
Proportion or percentage of votes garnered by expiration of the terms of both houses
party-list who passed the law increasing said
salary. This means that even if the House of
viii. Formula for additional seats Representatives term has already expired but
(Total number of Party-list seats available) - the senate has not, the salary increase
(Number of seats allocated in the first round) cannot yet take effect even if the increase is
x (Proportion or Percentage of votes different for each house [PHILCONSA v.
garnered by the Party) = Additional seats Mathay, G.R. No. L-25554 (1966)].
awarded
This prohibition also applies to the benefits a
Under this modified formula, the divisor: member of Congress will attain upon
• Includes votes for party-lists with retirement. Thus, a member of Congress may
pending disqualification cases as of the not compute his retirement benefits based on
date of the election. the salary increase which he was not able to
• Excludes votes for party-lists that have reach because his term has already expired
been disqualified with finality before the before said increase took effect [Ligot v.
election, if such disqualification was Mathay, G.R. No. L-34676 (1974)].
reasonably made known to the public.
• Excludes spoiled or invalid ballots. b. Freedom From Arrest
C. Legislative Privileges, A Senator or Member of the House of

Representatives shall, in all offenses
Inhibitions, and Qualifications punishable by not more than six years
imprisonment, be privileged from arrest while
1. Privileges the Congress is in session [Section 11, Article
VI, 1987 Constitution].
a. Salaries
Regardless of the whereabouts of a Senator or
ARTICLE VI, SECTION 10. The salaries of
Member of the House, freedom from arrest
Senators and Members of the House of holds, so long as Congress is in session.
Representatives shall be determined by law. No
increase in said compensation shall take effect Applicability: Freedom from arrest applies
until after the expiration of the full term of all the only to offenses punishable by not more than
Members of the Senate and the House of six years imprisonment.
Representatives approving such increase.
Preventive suspension is not a penalty. Order

of suspension under R.A. No. 3019 (Anti-Graft
ARTICLE XVIII, SECTION 17. Until the Congress
provides otherwise, the President shall receive an and Corrupt Practices Act) is distinct from the
annual salary of three hundred thousand pesos; power of Congress to discipline its own
the Vice-President, the President of the Senate, members and did not exclude members of
the Speaker of the House of Representatives, and Congress from its operation [Defensor-
the Chief Justice of the Supreme Court, two Santiago v. Sandiganbayan, G.R. No. 128055
hundred forty thousand pesos each; the Senators,
(2001)].
the Members of the House of Representatives, the
Associate Justices of the Supreme Court, and the
Chairmen of the Constitutional Commissions, two In People v. Jalosjos [G.R. No. 132875
hundred four thousand pesos each; and the (2000)], the Court denied the request of Cong.
Members of the Constitutional Commissions, one Jalosjos that he be allowed to attend legislative
hundred eighty thousand pesos each. sessions. The denial was premised on the
following: (a) membership in Congress does
“Expiration of the full term of all Members of not exempt an accused from statutes and rules
the Senate and the House of which apply to validly incarcerated persons; (b)
Representatives” is singular and means that one rationale behind confinement is public
the increase may only take effect upon the self- defense; (c) it would amount to creation
Page 32 of 384
of a privileged class, without justification in terms of the 1973 Constitution, when a
reason; and (d) he was provided with an office governor-elect was elected to the Batasang
in the New Bilibid Prison. Pambansa and he could not hold both the
offices of governor and MP [Adaza v. Pacana,
c. Speech and Debate Clause G.R. No. L-68159 (1985)].
No Member shall be questioned nor be held Note: The office of the Philippine National Red
liable in any other place for any speech or Cross (PNRC) Chairman is not a government
debate in the Congress or in any committee office or an office in a government-owned or -
thereof [Section 11, Article VI, 1987 controlled corporation for purposes of the
Constitution]. prohibition in Section 13, Article VI [Liban v.
Gordon, G.R. No. 175352 (2009 & 2011)]; but
This means the Senator or Member of the note that the structure of the PNRC is sui
House can still be questioned and held liable in generis , being neither strictly private nor public
Congress. in nature.
To come under the guarantee, the speech or b. May not be appointed to any office
debate must be one made "in Congress or in created or whose emoluments were
any committee thereof." Publication of an increased during the term for which he
allegedly libelous letter is not covered by the was elected [Section 13, Article VI]
privilege [Jimenez v. Cabangbang, G.R. No. L-
15905 (1966)]. Forbidden Office — One to which a member
cannot be appointed even if he is willing to give
What is covered under this provision? up his seat in Congress. The effect of his
Anything a member of Congress says in line resignation from the Congress is the loss of his
with his legislative functions [Jimenez v. seat therein but his disqualification for the
Cabangbang, supra] forbidden office nevertheless remains.
a. Speeches
b. Utterances c. Shall not be financially interested,
c. Bills signed directly or indirectly, in any contract
d. Votes passed with, or franchise or special privilege
granted by the government during his
While the immunity of a Member of Congress term of office [Section 14, Article VI,
is absolute and thus even the Supreme Court
1987 Constitution]
cannot discipline a lawyer-senator for remarks
made against the court during a privilege
speech, it does not shield said member from d. Shall not intervene in any matter
the authority of Congress to discipline its own before any office of the government
members [Defensor-Santiago v. Pobre, A.C. when it is for his pecuniary benefit or
No. 7399 (2009)]. where he may be called upon to act on
account of his office [Section 14, Article
2. Inhibitions and Disqualifications VI, 1987 Constitution]
a. May not hold any office or The Pork Barrel System “runs afoul” of Section
employment in the government during 14, Article VI, because in “allowing legislators
his term without forfeiting his seat to intervene in the various phases of project
implementation – a matter before another
[Section 3, Article VI]
office of government – [Pork Barrel] renders
them susceptible to taking undue advantage of
Incompatible Office — The forfeiture of the
their own office” [Belgica v. Ochoa, supra].
seat in Congress shall be automatic upon a
member’s assumption of such office deemed
incompatible, e.g., under the non-synchronized
Page 33 of 384
e. Shall not intervene in any matter b. Financial and Business Interests;
before any office of the government Political Conflicts of Interest
when it is for his pecuniary benefit or
where he may be called upon to act on SECTION 12, ARTICLE VI. All Members of the
account of his office [Section 14, Article Senate and the House of Representatives shall,
VI, 1987 Constitution] upon assumption of office, make a full disclosure
of their financial and business interests. xxx
This prohibition is absolute. Thus, when an
assemblyman acting as counsel for one group
c. Amounts Paid To/Expenses Incurred
in an internal dispute in a company was denied
leave to intervene, the court held that his by Each Member
action of buying 10 stocks in order to be able
to intervene in the company’s dispute as a SECTION 20, ARTICLE VI. The records and
stockholder was an indirect violation of this books of accounts of the Congress shall be
rule and still unconstitutional [Puyat v. De preserved and be open to the public in
Guzman Jr., G.R. No. L-51122 (1982)]. accordance with law, and such books shall be
audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid
3. Duty to Disclose to and expenses incurred for each Member.
a. Statements of Assets, Liabilities, and

Net Worth (SALN) D. Quorum and Voting Majorities
1. Quorum
SECTION 17, ARTICLE XI. A public officer or
employee shall, upon assumption of office and as
often thereafter as may be required by law, submit SECTION 16(2), ARTICLE VI. A majority of each
a declaration under oath of his assets, liabilities, House shall constitute a quorum to do business,
and net worth. In the case of the President, the but a smaller number may adjourn from day to day
Vice-President, the Members of the Cabinet, the and may compel the attendance of absent
Congress, the Supreme Court, the Constitutional Members in such manner, and under such
Commissions and other constitutional offices, and penalties, as such House may provide.
officers of the armed forces with general or flag
rank, the declaration shall be disclosed to the
public in the manner provided by law. In computing a quorum, members who are
outside the country, thus outside of each
House’s coercive jurisdiction, are not included.
When to disclose:
• Within 30 days after assuming office
“Majority” shall take into consideration the
• On or before April 15 after the closing
number of members within the “jurisdiction” of
of the calendar year
the Congress (those it can order arrested for
• Upon expiration of term of office,
the purpose of questioning).
resignation or separation from office
In Avelino v. Cuenco [G.R. No. L-2821 (1949)],
Who must declare:
one Senator was out of the Philippines and
• President another Senator abroad was not within the
• Vice President “jurisdiction” of the Senate, so that the working
• Members of the Cabinet majority was 23 Senators (inclusive of the
• Members of Congress hospitalized Senator).
• Members of the SC
• Members of the Constitutional There is a difference between a majority of "all
Commission and other Constitutional members of the House" and a majority of "the
Offices House," the latter requiring less number than
• Officers of the Armed Forces with the first. Therefore, an absolute majority (12) of
general or flag rank [Section 17, Article all members of the Senate less one (23)
XI, 1987 Constitution]
Page 34 of 384
constitutes a constitutional majority of the b. Exceptions
Senate for the purpose of the quorum.
Votes where requirement is based on “all
2. Voting Majorities the members of Congress”: Requirement is
based on the entire composition of a House or
a. Doctrine of Shifting Majority Congress (in its entirety), regardless of the
number of Members present or absent
For each House of Congress to pass a bill, only
the votes of the majority of those present in the
session, there being a quorum, is required.
Action Votes Required House Voting Basis

(All Members)
Senate shall elect its Majority Separately; All Section 16(1), Article VI
President and the Speaker respective members
of the House
Punish for disorderly 2/3 Separately; All Section 16(3), Article VI

behavior and may respective members
SUSPEND or EXPEL
Override 2/3 Separately (House Section 27(1), Article VI

Presidential Veto where the bill
originated votes
first)
Grant Tax Exemption Majority Silent Section 28(4), Article VII
Elect President in case of Majority Separately Section 4(5), Article VII

tie
Confirm appointment of VP Majority Separately Section 9, Article VII
Congress affirming that 2/3 Congress

the President is unable to
discharge powers and
duties
Revoke or extend (a) Majority Jointly Section 18, Article VII

Martial Law or (b) the
suspension of the
privilege of the writ of
Habeas Corpus
Amnesty Grant Majority Silent Section 19(2), Article VII
Page 35 of 384
Action Votes Required House Voting Basis

(All Members)
Submit a question calling Majority (Silent) Section 3, Article XVII

a Const. Convention to
the electorate Prevailing view; by
default, houses vote
separately (because
Congress is
bicameral)
Call for Constitutional 2/3 Section 3, Article XVII

Convention
Propose amendments as 3/4 Section 1(1), Article XVII

Constitutional Assembly
Other Cases (not out of all members)
Action Votes Required (All Basis

Members)
Determine President’s ⅔ of both houses, voting Section 11(4), Article VII

disability separately
Declaring a State of War ⅔ of both houses (in joint Section 23(1), Article VI
session) voting separately
Validity of ⅔ members of Senate Section 21, Article VII

Treaty/International
Agreement
E. Discipline of Members
Other measures (not necessarily requiring
Each House may determine the rules of its 2/3, and depending on voting thresholds
proceedings, punish its Members for determined by the respective houses):
disorderly behavior, and, with the concurrence ● Deletion of unparliamentary remarks
of two-thirds of all its Members, suspend or from the record
expel a Member. A penalty of suspension, ● Fine
when imposed, shall not exceed sixty days ● Imprisonment
[Section 16(3), Article VI, 1987 Constitution]. ● Censure
Each house may punish its members for The suspension contemplated in the
disorderly behavior, and with the concurrence Constitution is different from the suspension
of 2/3 of ALL its members, with: (SED-FIC) prescribed in the Anti-Graft and Corrupt
● Suspension Practices Act (R.A. No. 3019). The former is
● Expulsion punitive in nature while the latter is preventive
Page 36 of 384
[Defensor-Santiago v. Sandiganbayan, G.R. One Subject One Title Rule
No. 118364 (1995)]. 1. To prevent hodge-podge, "log-rolling", or
the smuggling in of "riders," that is, "any act
The determination of Congress when it comes containing several subjects dealing with
to disciplining its members is respected by the unrelated matters representing diverse
court. As such, the Supreme Court does not interests.
have the power to compel congress to 2. To prevent surprise or fraud upon the
reinstate a member who has been expelled by legislature.
it [Alejandrino v. Quezon, G.R. No. 22041
(1924)]. 3. To fairly apprise the people of the subjects
of legislation that are being considered in
The immunity for speech given to a member of order that they may have the opportunity of
Congress is not a bar to the power of Congress being heard thereon, by petition or otherwise,
to discipline its members [Osmeña v. if they should so desire.
Pendatun, G.R. No. L-17144 (1960)].
4. But the title need not be a complete
F. Process of Law-Making catalogue of a bill. In any case, a title must
not be "so uncertain that the average person
1. Function of the Bicameral reading it would not be informed of the
purpose of the enactment.”
Conference Committee
5. When there is conflict, the title of the bill is
A Conference Committee is constituted and is
controlling over any contradictory provision
composed of Members from each House of
on a law whose titles says “regulating” but has
Congress to settle, reconcile or thresh out
a provision which says “prohibiting” [Dela
differences or disagreements on any provision
Cruz v. Paras, G.R. No. L-42571-72 (1983)].
of the bill.
The conferees are not limited to reconciling the b. As to certain laws

differences in the bill but may introduce new
provisions germane to the subject matter or Appropriation Laws – Created to guide
may report out an entirely new bill on the spending
subject.
SECTION 22, ARTICLE VII. The President shall
The Conference Committee prepares a report submit to the Congress within thirty days from the
to be signed by all the conferees and the opening of every regular session, as the basis of
the general appropriations bill, a budget of
Chairman. expenditures and sources of financing, including
receipts from existing and proposed revenue
The Conference Committee Report is measures.
submitted for consideration/approval of both
Houses. No amendment is allowed. SECTION 24, ARTICLE VI. All appropriation,
revenue or tariff bills, bills authorizing increase of
the public debt, bills of local application, and
2. Requirement as to Bills private bills shall originate exclusively in the
House of Representatives, but the Senate may
a. As to titles of bills propose or concur with amendments.
SECTION 25, ARTICLE VI. (1) The Congress

SECTION 26(1), ARTICLE VI. Every bill passed may not increase the appropriations
by the Congress shall embrace only one subject recommended by the President for the operation
which shall be expressed in the title thereof. xxx of the Government as specified in the budget. The
form, content, and manner of preparation of the
budget shall be prescribed by law.
(2) No provision or enactment shall be embraced

in the general appropriations bill unless it relates
Page 37 of 384
specifically to some particular appropriation reconsider it. If, after such reconsideration, two-
therein. Any such provision or enactment shall be thirds of all the Members of such House shall
limited in its operation to the appropriation to agree to pass the bill, it shall be sent, together with
which it relates. the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-
(3) The procedure in approving appropriations for thirds of all the Members of that House, it shall
the Congress shall strictly follow the procedure for become a law. In all such cases, the votes of each
approving appropriations for other departments House shall be determined by yeas or nays, and
and agencies. the names of the Members voting for or against
shall be entered in its Journal. The President shall
(4) A special appropriations bill shall specify communicate his veto of any bill to the House
the purpose for which it is intended, and shall be where it originated within thirty days after the date
supported by funds actually available as certified of receipt thereof; otherwise, it shall become a law
by the National Treasurer, or to be raised by a as if he had signed it.
corresponding revenue proposed therein.
(5) No law shall be passed authorizing any Generally, there are 3 ways for the bill to
transfer of appropriations; however, the become a law:
President, the President of the Senate, the a. By signature: When it is approved by
Speaker of the House of Representatives, the
the President;
Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by b. By lapse of time: Upon failure of the
law, be authorized to augment any item in the President to veto the bill and to return
general appropriations law for their respective it with his objections, to the House
offices from savings in other items of their where it originated, within 30 days after
respective appropriations. the date of receipt; or
c. By congressional override: When the
(6) Discretionary funds appropriated for particular
officials shall be disbursed only for public vote of the President is overridden by
purposes to be supported by appropriate a two-thirds vote of all the members of
vouchers and subject to such guidelines as may both houses.
be prescribed by law.
House Rules
(7) If, by the end of any fiscal year, the Congress
shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the 1. Preparation of the bill
general appropriations law for the preceding fiscal
year shall be deemed reenacted and shall remain The Member or the Bill Drafting Division of the
in force and effect until the general appropriations Reference and Research Bureau prepares
bill is passed by the Congress. and drafts the bill upon the Member's request.
SECTION 29(1), ARTICLE VI. No money shall be
paid out of the Treasury except in pursuance of 2. First reading
an appropriation made by law.
The bill is filed with the Bills and Index Service
and the same is numbered and reproduced.
3. Limitations on Legislative Power
(See Nature of Legislative Power; Limitations, Three days after its filing, the same is
supra). included in the Order of Business for First
Reading.
4. Procedure for Passage of Bills
On First Reading, the Secretary General
reads the title and number of the bill. The
SECTION 27(1), ARTICLE VI. Every bill passed Speaker refers the bill to the appropriate
by the Congress shall, before it becomes a law,
Committee/s.
be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it
and return the same with his objections to the
House where it originated, which shall enter the
objections at large in its Journal and proceed to
Page 38 of 384
3. Committee consideration / action same are distributed to all the Members three
days before its Third Reading.
The Committee where the bill was referred to
evaluates it to determine the necessity of On Third Reading, the Secretary General
conducting public hearings. If the Committee reads only the number and title of the bill.
finds it necessary to conduct public hearings, A roll call or nominal voting is called and a
it schedules the time thereof, issues public Member, if he desires, is given three minutes
notice and invites resource persons. If the to explain his vote. No amendment on the bill
Committee finds that no public hearing is is allowed at this stage.
needed, it schedules the bill for Committee The bill is approved by an affirmative vote of a
discussion/s. majority of the Members present.
If the bill is disapproved, the same is
Based on the result of the public hearings or transmitted to the Archives.
Committee discussions, the Committee may
introduce amendments, consolidate bills on 6. Transmittal of the approved bill to the
the same subject matter, or propose a Senate
substitute bill. It then prepares the
corresponding committee report. The approved bill is transmitted to the Senate
for its concurrence.
The Committee approves the Committee
Report and formally transmits the same to the 7. Senate action on approved bill of the
Plenary Affairs Bureau. House
4. Second reading The bill undergoes the same legislative

process in the Senate.
The Committee Report is registered and
numbered by the Bills and Index Service. It is 8. Conference committee (Bicameral)
included in the Order of Business and (See Function of the Bicameral Conference
referred to the Committee on Rules. Committee, supra).
The Committee on Rules schedules the bill 9. Transmittal of the bill to the President
for consideration on Second Reading.
Copies of the bill, signed by the Senate
On Second Reading, the Secretary General President and the Speaker of the House of
reads the number, title and text of the bill and Representatives and certified by both the
the following takes place: Secretary of the Senate and the Secretary
● Period of Sponsorship and Debate General of the House, are transmitted to the
● Period of Amendments President.
● Voting which may be done by:
○ Viva voce; 10. Presidential action on the bill
○ Count by tellers;
○ Division of the House; or If the bill is approved by the President, the
○ Nominal voting. same is assigned an RA number and
transmitted to the House where it originated.
5. Third reading
If the bill is vetoed, the same, together with a
The amendments, if any, are engrossed and message citing the reason for the veto, is
printed copies of the bill are reproduced for transmitted to the House where the bill
Third Reading. originated.
The engrossed bill is included in the Calendar 11. Action on approved bill
of Bills for Third Reading and copies of the
The bill is reproduced and copies are sent to
the Official Gazette Office for publication and
Page 39 of 384
distribution to the implementing agencies. It is origin, indicating his objections thereto in what
then included in the annual compilation of is commonly known as a veto message so that
Acts and Resolutions. the same may be studied by the members for
possible overriding of his veto.
12. Action on vetoed bill General Rule: The President must approve a
bill in its entirety or disapprove it in toto.
The message is included in the Order of
Business. If the Congress decides to override Exception: Item Veto. In appropriation,
the veto, the House and the Senate shall revenue and tariff bills, any particular item or
proceed separately to reconsider the bill or items of which may be disapproved without
the vetoed items of the bill. If the bill or its affecting the item or items to which he does not
vetoed items is passed by a vote of two-thirds object.
of the Members of each House, such bill or
items shall become a law. However, the condition in an expenditure bill
“cannot be vetoed separately from the items to
A joint resolution is NOT a bill, and its which they relate so long as they are
passage does not enact the joint resolution “appropriate” in the budgetary sense”
into a law even if it follows the requirements [PHILCONSA v. Enriquez, G.R. No. 113105
expressly prescribed in the Constitution for (1994)].
enacting a bill into law. However, a joint
resolution can be part of the Congressional Override: To override the
implementation of a law as provided in the President’s veto, at least ⅔ of ALL members
law itself. A joint resolution can also be of each house must agree to pass the bill. In
such case, the veto is overridden and the bill
treated as a recommendation to the
becomes law without need of presidential
Executive on how the law can be
approval.
implemented. Further, neither the Rules of
the Senate nor the Rules of the House of
6. Doctrine of Inappropriate Provision
Representatives can amend the
Constitution which recognizes only a bill
A provision that is constitutionally inappropriate
can become law [Ang Nars Party-List v. for an appropriation bill may be singled out for
Executive Secretary, G.R. No. 215746 veto even if it is not an appropriation or revenue
(2019)]. item.
SECTION 26(2), ARTICLE VI. No bill passed by Examples:

either House shall become a law unless it has
passed three readings on separate days, and Inappropriate: A provision in the GAA requiring
printed copies thereof in its final form have been the President to first submit to Congress a list
distributed to its Members three days before its
of equipment the Executive will purchase
passage, except when the President certifies to
the necessity of its immediate enactment to meet before the appropriation is released. (This is an
a public calamity or emergency. Upon the last inappropriate provision as it constitutes a
reading of a bill, no amendment thereto shall be legislative veto and post-enactment
allowed, and the vote thereon shall be taken interference with the Executive.)
immediately thereafter, and the yeas and nays
entered in the Journal.
Appropriate: The veto of a clause in the GAA
which places of a 30%-limit on the DPWH’s
5. The President’s Veto Power budget for road maintenance hat can be
contracted out. (This is appropriate and cannot
Section 27, Article VI defines the only way for be item-vetoed as Congress can set pre-
the President to veto a bill. implementation limits on how expenditures
shall be spent.) [PHILCONSA v. Enriquez,
When the President vetoes a measure, he supra]
should return the measure to the House of
Page 40 of 384
7. Effectivity of Laws Presidential certification dispenses with (1) the
printing requirement; and (2) the requirement
for readings on separate days [Kida v. Senate,
Civil Code, Article 2. Laws shall take effect after
G.R. No. 196271 (2011), citing Tolentino v.
fifteen days following the completion of their
publication in the Official Gazette, unless it is Secretary of Finance, supra].
otherwise provided. This Code shall take effect
one year after such publication. 5. Substantive Limitations
Even when the law provides its own date of
Circumscribe both the exercise of the power
effectivity, the publication requirement is
itself and the allowable subject of legislation.
mandatory, in order that a law may become
effective. The object of the publication Notable Examples:
requirement is to give the general public • Const., Art. III (Bill of Rights)
adequate notice of the various laws which • Const., Art. VI, Sections 25,28, and 29
are to regulate their actions and conduct— (Appropriation, Taxation,
without publication, there would be no basis Disbursement)
for the application of the maxim, “ignorantia • Const., Art. VI, Section 30 (Nobility)
legis non excusat.” The publication • Const., Art. VI, Section 31 (Expansion
requirement is a requirement of due process of Supreme Court Jurisdiction)
[Tanada v. Tuvera, G.R. No. L-63915 • Non-Delegation Doctrine
(1985)]. • Irrepealable Laws: Congress may not
bind future congresses by imposing
8. Limitations on Legislative Power supermajority requirements for the
repeal of a law, or making the
Formal/Procedural Limitations procedure of repeal or amendment
1. Prescribes the manner of passing bills and more cumbersome than that already
the form they should take. provided in the Constitution. [City of
Davao v. RTC Branch XII, G.R. No.
Rider clause: Every bill passed by the 127383 (August 18,2005)]
Congress shall embrace only one subject,
which shall be expressed in the title [Section G. Appropriation and Re-
26(1), Article VI, 1987 Constitution].
alignment
2. The title is not required to be an index of
the contents of the bill. It is sufficient Exec. Ord. No. 292 (1987), Book VI,
compliance if the title expresses: Chapter 1
(a) the general subject; and
(b) all the provisions of the statute are SECTION 1. Constitutional Policies on the
germane to that subject [Tio v. Videogram Budget.—
Regulatory Commission, G.R. No. L-75697 (1) All appropriations, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local
(1987)]. application, and private bills shall originate
exclusively in the House of Representatives but the
3. No bill passed by either house shall become Senate may propose or concur with amendments.
law unless it has passed three (3) readings on
separate days [Section 26(2), Article VI, 1987 (2) The Congress may not increase the
Constitution]. appropriations recommended by the President for
the operation of the Government as specified in the
budget. The form, content and manner of
4. Printed copies in its final form must have preparation of the budget shall be prescribed by law.
been distributed.
(3) No provision or enactment shall be embraced in
Exception: When the President certifies to the general appropriations bill unless it relates
the necessity of its immediate enactment to specifically to some particular appropriation to which
it relates.
meet a public calamity or emergency.
Page 41 of 384
(4) The procedures in approving appropriations for

Legislative Question
the Congress shall strictly follow the procedure for
approving appropriations for other departments and Inquiries Hour
agencies.
Constitutional Section 21, Section 22,
(5) A special appropriations bill shall specify the Provision Article VI Article VI
purpose for which it is intended, and shall be
supported by funds actually available as certified by
the National Treasurer or to be raised by a Topic In aid of On any matter
corresponding revenue proposal therein. legislation pertaining to
the subject’s
(6) No law shall be passed authorizing any transfer
of appropriations. However, the President, the department
President of the Senate, the Speaker of the House
of Representatives, the Chief Justice of the
Supreme Court and the heads of Constitutional Persons Any person Heads of
Commissions may, by law, be authorized to Subjected upon departments
augment any item in the general appropriations laws subpoena only
for their respective offices from savings in other
items of their respective appropriations.
Appearance of Appearance Appearance
(7) Discretionary funds appropriated for particular
official shall be disbursed only for public purposes to
Executive of executive of executive
be supported by appropriate vouchers and subject Officials officials officials
to such guidelines as may be prescribed by law. generally 1. Via request;
mandatory 2. Upon
(8) If, by the end of any fiscal year, the Congress executive
shall have failed to pass the general appropriations official’s
bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall
volition with
be deemed reenacted and shall remain in force and President’s
effect until the general appropriations bill is passed consent.
by the Congress.
(9) Fiscal autonomy shall be enjoyed by the The mere filing of a criminal or an
Judiciary, Constitutional Commissions, Office of the administrative complaint before a court or
Ombudsman, Local Government and Commission quasi-judicial body should not automatically
on Human Rights. bar the conduct of a legislative inquiry
[Standard Chartered Bank v. Senate
Committee on Banks, G.R. No. 167173,
H. Legislative Inquiries and (2007)].
Oversight Functions
The requirement of securing prior consent of
1. Requisites of Legislative Inquiries the President prior to appearing before either
a. Must be in aid of legislation; House of Congress applies only to Cabinet
b. Is in accordance with duly published Members and not to other public officials and
rules of procedure; only when either House of Congress conducts
c. Right of persons appearing in or a Question Hour and not in cases of inquiries
affected by such inquiries shall be in aid of legislation as the latter should be
respected [Bengson v. Senate Blue untrammeled because it is co-extensive with
Ribbon Committee, G.R. No. 89914 the power to legislate [Senate of the
(1991)] Philippines v. Ermita, G.R. No. 169777 (2006)].
2. Legislative Inquiries v. Question However, in Gudani v. Senga [G.R. No.

170165 (2006)], the Court en banc clarified the
Hour
above authority over the military. It held that
[See also Senate v. Ermita, G.R. No. 169777
obedience and deference to the military chain
(2006)]
of command and the President as commander-
Page 42 of 384
in-chief are the cornerstones of a professional involves military or diplomatic secrets, closed-
military in the firm cusp of civilian control. door Cabinet meetings, etc.
In the same case, the Supreme Court also A claim of privilege, being a claim of exemption
ruled that any chamber of Congress which from an obligation to disclose information must
seeks the appearance before it of a military be clearly asserted. Congress has the right to
officer against the consent of the President has know why the executive considers the
adequate remedies under the law to compel requested information privileged. It does not
such attendance. suffice to merely declare that the President, or
an authorized head of office, has determined
Final judicial orders have the force of the law of that it is so.
the land which the President has the duty to
faithfully execute. If the President and Congress cannot agree on
whether the matter is privileged or not, then the
If the courts so rule, the duty falls on the Court must come in to determine the validity of
shoulder of the President, as Commander-in- the claim of privilege [Senate of the Philippines
Chief, to authorize the appearance of military v. Ermita, supra].
officials before Congress ruling and upheld the
President’s constitutional powers. 4. Elements of Presidential
Communications Privilege
3. Additional Limitation: Executive
Privilege In Neri v. Senate Committees [G.R. No.
180643 (2008)], the Court ruled that the claim
Executive privilege is the right of the President of executive privilege was properly invoked
and high level officials authorized by her to by Secretary Neri, specifically under what is
withhold information from Congress, from the called “presidential communication privilege.”
courts, and ultimately from the public. The elements of presidential communications
privilege are:
Among the types of information which have a. The protected communication must
been judicially recognized as privileged are relate to a “quintessential and non-
state secrets regarding military, diplomatic and delegable presidential power.”
other national security matters. Certain
information in the possession of the executive b. The communication must be
may validly be claimed as privileged even authored or “solicited and received”
against Congress, such as Presidential by a close advisor of the President or
conversations, correspondences, or by the President himself. The judicial
discussions during closed-door Cabinet test is that an advisor must be in
meetings [Chavez v. PEA, G.R. No. 133250 “operational proximity” with the
(2003)]. President.
Who may invoke: Only the President can c. The presidential communications
invoke it. She may also authorize the privilege remains a qualified privilege
Executive Secretary to invoke the privilege on that may be overcome by a showing
her behalf, in which case, the Executive of adequate need, such that
Secretary must state that the Act is “By order information sought “likely contains
of the President,” which means that he important evidence” and by the
personally consulted with the President on unavailability of the information
such matters of concern [Senate of the elsewhere by an appropriate
Philippines v. Ermita, supra]. investigating authority.
The claim of privilege must be specific, e.g.,

whether the information sought to be withheld
Page 43 of 384
5. Contempt Power a. Scrutiny
As long as there is legitimate inquiry, then the Passive inquiry, the primary purpose of which
inherent power of contempt by the Senate may is to determine economy and efficiency of the
be properly exercised. Conversely, once the operation of government activities.
legislative inquiry concludes, the exercise of
the inherent power of contempt ceases and In the exercise of legislative scrutiny,
there is no more genuine necessity to penalize Congress may request information and report
the detained witness [Balag v. Senate of the from the other branches of government. It can
Philippines, G.R. No. 234608 (2018)]. give recommendations or pass resolutions for
consideration of the agency involved.
As the Senate is not a continuing body, all
inquiries automatically end once the Senate Legislative scrutiny is based primarily on the
adjourns sine die (i.e., at the end of the Third power of appropriation of Congress. Under the
Session of each Congress). The imprisonment Constitution, the "power of the purse" belongs
for contempt automatically terminates on such to Congress.
date as well. [Balag, supra]
Legislative scrutiny does not end in budget
6. Contempt of Congressional hearings. Congress can ask the heads of
Oversight departments to appear before and be heard by
Broadly defined, the power of oversight either House of Congress on any matter
embraces all activities undertaken by pertaining to their departments, pursuant to
Congress to enhance its understanding of and Section 22, Article VI of the 1987 Constitution.
influence over the implementation of legislation
it has enacted. b. Congressional Investigation
Clearly, oversight concerns post-enactment More intense digging of facts, compared to

measures undertaken by Congress: scrutiny. Power of investigation recognized by
Section 21, Article VI, 1987 Constitution.
1. to monitor bureaucratic compliance
with program objectives; c. Legislative supervision (legislative
2. to determine whether agencies are veto)
properly administered;
3. to eliminate executive waste and Connotes a continuing and informed
dishonesty; awareness on the part of a congressional
4. to prevent executive usurpation of committee regarding executive operations in a
legislative authority, and given administrative area.
5. to assess executive conformity with the
congressional perception of public Allows Congress to scrutinize the exercise of
interest. delegated law-making authority, and permits
Congress to retain part of that delegated
7. Categories of Congressional authority. Through this, Congress exercises
Oversight Functions supervision over the executive agencies.
The acts done by Congress purportedly in the Note: Legislative supervision is NOT allowed
exercise of its oversight powers may be divided under the Constitution [Abakada Guro Partylist
into 3categories, namely: scrutiny, v. Purisima, supra; See also discussion under
investigation and supervision. Checks and Balances, supra].
Page 44 of 384
Congressmen) the stringent standards it asks
I. Power of Impeachment of justices and judges when it comes to
inhibition from hearing cases.
The House of Representatives shall have the
exclusive power to initiate all cases of
Constitutional requirement that HOR shall
impeachment [Section 3(1), Article XI, 1987
promulgate its rules on impeachment [Sec.
Constitution].
3(8), Art. XI, 1987 Constitution] is different from
the publication requirement in Tañada v.
1. Initiation: Regular Procedure Tuvera, supra. When the Constitution provides
[Section 3(2) & (3), Article XI, 1987 for promulgation of the HOR Rules on
Constitution] Impeachment, posting via any medium or even
provisional adoption of references to the rules
FILING by (a) any member of the HOR or (b) any
of the previous Congress may suffice.
citizen upon endorsement by a member of the HOR; [Gutierrez v. House of Representatives, supra]
followed by REFERRAL to the proper HOR
Committee (i.e., HOR Committee on Justice). Contrast Rules on Legislative Inquiries, which
must be published under Art. VI, Sec. 21
!
3. Trial
COMMITTEE REPORT by proper committee, which
either favorably or unfavorably resolves the The Senate shall have the sole power to try
complaint. and decide all cases of impeachment [Section
3(6), Article XI, 1987 Constitution].
!
By virtue of the expanded judicial review
Above resolution is AFFIRMED if favorable or
[Section 1(2), Article VIII, 1987 Constitution],
OVERRIDDEN if unfavorable, by vote of ⅓ of ALL
the members of the HOR. the Court’s power of judicial review extends
over justiciable issues arising in impeachment
proceedings [Francisco v. House of
Verified complaint or resolution [Section 3(4), Representatives, supra]. But the question of
Article XI, 1987 Constitution] FILED by 1/3 of whether or not Senate Impeachment Rules
all the members of the HOR; trial by Senate were followed is a political question [Corona v.
forthwith proceeds. Senate, G.R. No. 200242 (2012)].
2. Notes on Initiation [Gutierrez v. 4. Periods Rule

HOR Committee on Justice, G.R. No. 10 days: a verified complaint for impeachment
193459 (2011)] must be included in the Order of Business
within 10 session days;
No impeachment proceeding shall be initiated
against the same official more than once 3 days: after the lapse of the 10 days, the
within a period of one (1) year [Section 2(5), complaint must be referred to a Committee
Article XI, 1987 Constitution]. within 3 session days;
Initiation means filing coupled with referral to 60 days: The Committee, after hearing, and by
the Committee on Justice. a majority vote of all its Members, shall submit
its report to the House within sixty session
The Court cannot make a determination of days from such referral;
what constitutes an impeachable offense; it is
a purely political question [Francisco v. 10 days: The resolution shall be calendared
House of Representatives, G.R. No. for consideration by the House within ten
160261(2003)]. session days from receipt thereof.
On motion to inhibit: Impeachment is a

political exercise. The Court cannot apply (to
Page 45 of 384
out a declared national policy in times of war or
III. EXECUTIVE other national emergency.
DEPARTMENT
2. Tariff Powers (Art. VI, Sec. 28(2): i.e., fix
A. Nature of Executive Power within specified limits, and subject to such
limitations and restrictions as Congress may
impose, tariff rates, import and export quotas,
1987 Constitution tonnage and wharfage dues, and other duties
or imposts within the framework of the national
Article VII, Section 1. The executive power shall be
vested in the President of the Philippines. development program of the Government.
b. Emergency Powers [Section 23,

The executive power is vested in the Article VI, 1987 Constitution]
Presidents. It is generally defined as the power
a. In times of war or other national
to enforce and administer the laws. It is the
emergency, the Congress, may, by law,
power of carrying the laws into practical authorize the President, for a limited
operation and enforcing their due observance.
period, and subject to such restrictions as
it may prescribe, to exercise powers
Corollary to the power of control, the President
necessary and proper to carry out a
also has the duty of supervising the declared national policy
enforcement of laws for the maintenance of
b. Unless sooner withdrawn by resolution of
general peace and public order. Thus, he is the Congress, such powers shall cease
granted administrative power over bureaus and
upon the next adjournment thereof.
offices under his control to enable him to
discharge his duties effectively. [Ople v.
Torres, G.R. No. 127685 (1998)] c. Commander-in-Chief powers vs.
Emergency Powers
1. In Relation to the Implementation of
Laws (Including Delegated Powers) Commander-in- Emergency Powers
Chief powers
1987 Constitution When the President When the President
Article VI, Section 23 (2). In times of war or other acts under the acts under the
national emergency, the Congress may, by law, Commander-in-Chief emergency power,
authorize the President, for a limited period and clause, he acts under he acts under a
subject to such restrictions as it may prescribe, to a constitutional grant Congressional
exercise powers necessary and proper to carry out of military power to delegation of law-
a declared national policy. Unless sooner withdrawn suppress an invasion making (i.e. policy-
by resolution of the Congress, such powers shall
cease upon the next adjournment thereof. or rebellion that making) power.
endangers public
safety.
a. Principle
General Rule: Executive Power is limited to d. When emergency powers cease

the implementation of the law. a. According to the text of the Constitution, the
power ceases:
Constitutionally-Grafted Exceptions: The i. Upon withdrawal by resolution of the
Constitution provides for limited instances Congress; or
when Congress can delegate legislative ii. If Congress fails to adopt such resolution,
powers to the President, i.e., [See Belgica v. upon the next adjournment of Congress.
Ochoa, supra]:
1. Emergency Powers (Art. VI, Sec. 23): i.e., to

exercise powers necessary and proper to carry
Page 46 of 384
b. Example: The residual unstated powers of the President
i. March 15, 202X – Congress is in recess are implicit in and correlative to the paramount
from its regular session. Emergency duty residing in that office to safeguard and
arises. protect general welfare. [Marcos v. Manglapus,
ii. March 16, 202X – President calls G.R. No. 88211 (1989)]
Congress to a special session, certifying
an emergency bill as urgent. In MEWAP v. Romulo, G.R. No. 160093
iii. March 17, 202X – Congress passes law (2007), the Court upheld the reorganization of
granting President Emergency Powers. the DOH through EOs 102 and 1165, as it was
Congress adjourns the special session. within the President’s residual power to
This is the first adjournment. restructure the executive departments since he
iv. April 1, 202X – Congress resumes the has the power of control over executive
regular session. During the session, it departments granted by the Constitution.
doesnot withdraw Emergency Powers.
v. June 15, 202X – Congress adjourns its The power to create ad hoc bodies is a residual
regular session. This is the next power vested in the President in accordance
adjournment, and the Emergency Powers with faithful execution clause [Biraogo v. Phil.
grant expires by operation of the Truth Commission of 2010, G.R. Nos. 192935,
Constiution. 193036 (2010)].
c. Because the Constitution was promulgated B. Concept of Presidential

after the lastest jurisprudence on adjournment
[see, e.g., Araneta v. Dinglasan, G.R. No. L- Immunity
2044 (1949)], it supersedes any inconsistency The President as such cannot be sued,
in the rulings of the Court on those points. enjoying as he does immunity from suit. But the
validity of his acts can be tested by an action
against other executive officials [Carillo v.
2. Express or Implied (Including the
Marcos, G.R. No. L-21015 (1981)].
Faithful Execution of Laws and
Residual Powers) 1. Conduct Covered
The President, during his tenure of office or
1987 Constitution actual incumbency, may not be sued in any civil
or criminal case, and there is no need to
Section 17, Article VII. The President shall have provide for it in the Constitution or law. It will
control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be
degrade the dignity of the high office of the
faithfully executed. President, the head of State, if he can be
dragged into court litigation while serving as
such. Furthermore, it is important that he be
The allocation of power in the three principal freed from any form of harassment, hindrance
branches of government is a grant of all powers or distraction to enable him to fully attend to the
inherent in them. The President’s power to performance of his official duties and functions.
conduct investigations [e.g., via fact-finding [David v. Macapagal-Arroyo, G.R. No. 171396
commissions] to aid him in ensuring the faithful (2006)]
execution of laws is inherent in the President’s
powers as the Chief Executive. [Biraogo v. 2. Waiver and Exceptions
Philippine Truth Commission of 2010, G.R. No. The concept of presidential immunity under our
192935 (2010)] governmental and constitutional system does
not distinguish whether or not the suit pertains
The powers of the President cannot be said to to an official act of the President. Neither does
be limited only to the specific powers immunity hinge on the nature of the suit.
enumerated in the Constitution. In other words,
executive power is more than the sum of The concept is clear and allows no
specific powers so enumerated. qualifications or restrictions that the President
Page 47 of 384
cannot be sued while holding such office. [De
Cause of Action Accrues
Lima v. Duterte, G.R. No. 227635 (2019)]
suit is one
a. May be invoked only by the President against the
Immunity from suit pertains to the President by state (cf.
virtue of the office and may be invoked only by state
the holder of the office; not by any other person immunity)
on the President's behalf. The President may
waive the protection afforded by the privilege Unoffical Suit may not Suit cannot
and submit to the court's jurisdiction [Soliven v. Act (or acts be filed be filed
Makasiar, G.R. No. 82585 (1988); Beltran v. beyond during during tenure
Makasiar, G.R. No. 82827(1988)]. authority) tenure.
Suit may be
But presidential decisions may be questioned filed after
before the courts where there is grave abuse of tenure ends.
discretion or that the President acted without or
in excess of jurisdiction [Gloria v. CA, G.R. No.
119903 (2000)]. C. Concept of Executive
Privilege
b. Limitations
Immunity is coextensive with tenure. After Executive privilege is not a personal privilege,
tenure, the Chief Executive cannot invoke but one that adheres to the Office of the
immunity from suit for civil damages arising out President. It exists to protect public interest, not
of acts done by him while he was President to benefit a particular public official. Its
which were not performed in the exercise of purpose, among others, is to assure that the
official duties [Estrada v. Desierto, G.R. Nos. nation will receive the benefit of candid,
146710-15 (2001)]. objective and untrammeled communication
and exchange of information between the
This presidential privilege of immunity cannot President and his/her advisers in the process
be invoked by a non-sitting president even for of shaping or forming policies and arriving at
acts committed during his or her tenure [Saez decisions in the exercise of the functions of the
v. Macapagal-Arroyo, G.R. No. 183533 Presidency under the Constitution. The
(2012)]. confidentiality of the President’s conversations
and correspondence is not unique. It is akin to
Cause of Action Accrues the confidentiality of judicial deliberations. It
possesses the same value as the right to
Act Before During privacy of all citizens and more, because it is
complained: Presidential Presidential dictated by public interest and the
Tenure Tenure constitutionally ordained separation of
(e.g., governmental powers. [Neri v. Senate, G.R.
preexisting No. 180643, (2008)]
civil claims,
or for facts in 1. Types
prior office)
a. Presidential Communications Privilege
Official Act Suit may not Suit cannot (President): communications are
be filed be filed presumptively privileged; the president
during tenure during must be given freedom to explore
tenure. alternatives in policy-making.
b. Deliberative Process Privilege
Suit cannot (Executive Officials): refer to materials
be filed even that comprise part of a process by which
after tenure if governmental decisions and policies are
Page 48 of 384
formulated. This includes diplomatic The diplomatic negotiations privilege seeks,
processes [Akbayan v. Aquino, G.R. No. through the same means, to protect the
170516 (2008)]. independence in decision-making of the
President, particularly in its capacity as “the
Varieties sole organ of the nation in its external relations,
While there certainly are privileges grounded and its sole representative with foreign
on the necessity of safeguarding national nations.” And, as with the deliberative process
security such as those involving military privilege, the privilege accorded to diplomatic
secrets, not all are founded thereon. One negotiations arises, not on account of the
example is the informer’s privilege, or the content of the information per se, but because
privilege of the Government not to disclose the the information is part of a process of
identity of a person or persons who furnish deliberation which, in pursuit of the public
information of violations of law to officers interest, must be presumed confidential.
charged with the enforcement of that law. [Akbayan v. Aquino, supra]
Also illustrative is the privilege accorded to 2. Who May Invoke

presidential communications, which are
presumed privileged without distinguishing Only the President or the Executive Secretary
between those which involve matters of (by authority of the President) can invoke the
national security and those which do not. In the privilege.
same way that the privilege for judicial
deliberations does not depend on the nature of In light of this highly exceptional nature of the
the case deliberated upon, so presidential privilege, the Court finds it essential to limit to
communications are privileged whether they the President the power to invoke the privilege.
involve matters of national security. She may of course authorize the Executive
Secretary to invoke the privilege on her behalf,
It bears emphasis, however, that the privilege in which case the Executive Secretary must
accorded to presidential communications is not state that the authority is "By order of the
absolute, one significant qualification being President", which means that he personally
that “the Executive cannot, any more than the consulted with her. The privilege being an
other branches of government, invoke a extraordinary power, it must be wielded only by
general confidentiality privilege to shield its the highest official in the executive hierarchy.
officials and employees from investigations by In other words, the President may not authorize
the proper governmental institutions into her subordinates to exercise such power.
possible criminal wrongdoing.” This There is even less reason to uphold such
qualification applies whether the privilege is authorization in the instant case where the
being invoked in the context of a judicial trial or authorization is not explicit but by mere silence
a congressional investigation conducted in aid [Senate v. Ermita, G.R. No. 169777 (2006)].
of legislation.
D. Qualifications, Election, Term
The deliberative process [privilege] covers
documents reflecting advisory opinions, of the President and Vice-
recommendations and deliberations President, and Rules on
comprising part of a process by which Succession
governmental decisions and policies are
formulated. Notably, the privileged status of
such documents rests, not on the need to 1. Qualifications
protect national security but, on the “obvious a. Natural-born citizen of the Philippines;
realization that officials will not communicate b. A registered voter;
candidly among themselves if each remark is a c. Able to read and write;
potential item of discovery and front page d. At least 40 years of age on the day of the
news.” election; and
e. A resident of the Philippines for at least 10
years immediately preceding such
Page 49 of 384
election [Section 2, Article VII, 1987 5. Term of Office
Constitution]. 6 years, which shall begin at noon on the 30th
day of June next following the day of the
2. Election election and shall end at noon of the same day
a. Regular Election: Second Monday of 6 years thereafter [Section 4, Article VII, 1987
May Constitution].
b. National Board of Canvassers (President
and Vice-President): Congress Note:
i. Returns shall be transmitted to ● The President is not eligible for any
Congress, directed to the Senate reelection.
President ○ The Supreme Court has not yet
ii. Joint public session: not later than 30 decided whethera run for second
days after election date; returns to be non-consecutive term is
opened in the presence of the Senate reelection.[Pormento v. Estrada G.R.
and HOR in joint session No. 191988 (2010)]
b. Congress, upon determination of the ● No person who has succeeded as
authenticity and due execution, shall President and has served as such for
canvass the votes more than four years shall be qualified for
c. Person having the highest number of election to the same office at any time
votes shall be proclaimed elected [Section 4, Article VII, 1987 Constitution].
d. In case of tie, one will be chosen by the ○ “Succeeded as President” — refers
vote of majority of all the Members of both to Vice President as automatic
Houses of Congress, voting separately successor or elected President by
virtue of special election, and serves
3. Jurisprudence on Canvassing the unexpired term; ineligible to run
Congress may validly delegate the initial for President if he has served for
determination of the authenticity and due more than four years
execution of the certificates of canvass to a
Joint Congressional Committee, composed of The Acting President is not included (as an
members of both houses [Lopez v. Senate, Acting President does not succeed to the office
G.R. No. 163556 (2004)]. of the President).
Even after Congress has adjourned its regular 6. Rules on Succession

session, it may continue to perform this
constitutional duty of canvassing the a. Who shall act as or become President
presidential and vice-presidential election
results without need of any call for a special In cases where the Constitution provides that
session by the President. Only when the board an official shall act as president, such Acting
of canvassers has completed its functions is it President does notbecome President as
rendered functus officio [Pimentel, Jr. v. Joint he/she does not succeed to the office.
Committee of Congress, G.R. No. 163783
(2004)].
Situation Who shall act as
President
4. The Supreme Court as Presidential
Electoral Tribunal Before/at the beginning of the term
The Supreme Court, sitting en banc, shall be
the sole judge of all contests relating to the
election, returns and qualifications of the President-elect fails Vice-President-elect
President or Vice-President, and may to qualify (until the President-
promulgate its rules for the purpose. elect shall have
qualified)
Page 50 of 384
Situation Who shall act as Situation Who shall act as

President President
President shall not Vice-President-elect First written Vice-President as

have been chosen (until a President declaration by Acting President
shall have been majority of the
chosen and qualified) Cabinet
Beginning of the term: Vice-President-elect Determination by ⅔ vote: Vice-

President-elect died shall become Congress by ⅔ vote President as Acting
or became President of all members, voting President
permanently disabled separately, acting on Otherwise: President
the second written continues exercising
No President and Senate President or, declaration by his powers and
Vice-President have in case of his majority of the duties
been chosen or shall inability, the Speaker Cabinet
have qualified of the House shall act [Strictly not a
as President (until a succession.
Both President and President or a Vice- Temporary only.]
Vice-President died President shall have
or became been chosen and
permanently disabled qualified) b. What if the Senate President and
Speaker are also not capable to act as
[Strictly not a President?
succession. Vacancy before the term: Congress shall, by
Temporary only.] law, provide the manner of selecting the one
who will act as President until President or Vice
During the term President have either been chosen and
qualified pursuant to special elections.
Death, permanent Vice-President to
Vacancy during the term: Congress shall, by
disability, removal serve the unexpired
law, provide who will be acting President until
from office, or term
President or Vice President have either been
resignation of the
elected and qualified pursuant to special
President
elections.
Death, permanent Senate President or,
disability, removal in case of his Congress has yet to pass a law providing for
from office, or inability, the Speaker such manner of selection.
resignation of both of the House shall act
the President and as President (until a c. Vacancy in the Office of the President
Vice-President President or a Vice-
President shall have At the Beginning of Term
been chosen and 1987 Constitution
qualified)
[Strictly not a Section 7, Article VII. The President-elect and the
succession. Vice-President-elect shall assume office at the
beginning of their terms.
Temporary only.]
Temporary disability resulting to vacancy Order of succession:

1. Vice-President;
Voluntary written Vice-President as 2. Senate President (as acting President
declaration of the Acting President only);
President
Page 51 of 384
3. Speaker of the House(as acting President election shall be deemed certified under paragraph
only); 2, Section 26, Article VI of this Constitution and shall
4. Congress, by law, shall provide the become law upon its approval on third reading by the
manner in which one who is to act as Congress. Appropriations for the special election
President shall be selected [Section 7, shall be charged against any current appropriations
and shall be exempt from the requirements of
Article VII, 1987 Constitution].
paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress cannot
1. Temporary or Permanent Vacancy in the be suspended nor the special election postponed.
Presidency before the Term No special election shall be called if the vacancy
occurs within eighteen months before the date of the
Permanent vacancy occurs when: next presidential election.
1. The President dies; or
2. The President is permanently During Term
incapacitated.
1. Permanent Vacancy in the Presidency
Effect of permanent incapacity: Order of during the Term
succession in Section 7, Article VII is followed.
1987 Constitution
1987 Constitution
Section 8, Article Vii. In case of death, permanent
Section 7 (2)-(6), Article VII. If the President-elect disability, removal from office, or resignation of the
fails to qualify, the Vice-President-elect shall act as President, the Vice-President shall become the
President until the President-elect shall have President to serve the unexpired term. In case of
qualified. death, permanent disability, removal from office, or
resignation of both the President and Vice-
If a President shall not have been chosen, the Vice- President, the President of the Senate or, in case of
President-elect shall act as President until a his inability, the Speaker of the House of
president shall have been chosen and qualified. Representatives, shall then act as President until the
President or Vice-President shall have been elected
If at the beginning of the term of the President, the and qualified.
President-elect shall have died or shall have
become permanently disabled, the Vice-President- The Congress shall, by law, provide who shall serve
elect shall become President. as President in case of death, permanent disability,
or resignation of the Acting President. He shall serve
Where no President and Vice-President shall have until the President or the Vice-President shall have
been chosen or shall have qualified, or where both been elected and qualified, and be subject to the
shall have died or become permanently disabled, same restrictions of powers and disqualifications as
the President of the Senate or, in case of his inability, the Acting President.
the Speaker of the House of Representatives shall
act as President until a President or a Vice-President
shall have been chosen and qualified. Four possibilities for permanent vacancy
during term of office
The Congress shall, by law, provide for the manner 1. Death;
in which one who is to act as President shall be
2. Removal (by impeachment);
selected until a President or a Vice-President shall
have qualified, in case of death, permanent 3. Resignation;
disability, or inability of the officials mentioned in the 4. Permanent Disability.
next preceding paragraph.
In case of Temporary Disability
Section 10, Article VII. The Congress shall, at ten 1. Temporary Vacancy in the Presidency
o’clock in the morning of the third day after the
during the Term
vacancy in the offices of the President and Vice-
President occurs, convene in accordance with its
rules without need of a call and within seven days A temporary vacancy in the Presidency arising
enact a law calling for a special election to elect a from his disability can occur in any of the
President and a Vice-President to be held not earlier following ways:
than forty-five days nor later than sixty days from the ● Voluntary written declaration of the
time of such call. The bill calling such special
President;
Page 52 of 384
● First written declaration by majority of the If the Congress, within 10 days after receipt of
Cabinet; the last written declaration, or, if not in session,
● Determination by Congress by 2/3 vote of within 12 days after it is required to assemble,
all members, voting separately, acting on determines by a 2/3 vote of both Houses,
the second written declaration by majority voting separately, that the President is unable
of the Cabinet. to discharge the powers and duties of his office,
the Vice-President shall act as the President;
In all these cases, the Vice-President assumes otherwise, the President shall continue
the powers and duties of the office as Acting exercising the powers and duties of his office.
President.
3. Constitutional Duty of Congress in Case
2. Section 11, Article VII of Double Vacancy in the Offices of the
a. Voluntary written declaration of the President and the Vice- President
President
1987 Constitution
Whenever the President transmits to the
President of the Senate and the Speaker of the Section 10, Article VII. The Congress shall, at
House of Representatives his written 10AM of the 3rd day after the vacancy in the offices
declaration that he is unable to discharge the of the President and Vice-President occurs:
1. Convene in accordance with its rules without
powers and duties of his office.
need of a call; and
2. Within seven days, enact a law calling for a
b. First written declaration by majority of the special election to elect a President and a Vice-
Cabinet President to be held not earlier than forty-five
days nor later than sixty days from the time of
Whenever a majority of all the Members of the such call.
Cabinet transmit to the President of the Senate
The bill calling such special election shall be
and to the Speaker of the House of deemed certified under paragraph 2, Section 26,
Representatives their written declaration that Article VI of this Constitution and shall become law
the President is unable to discharge the upon its approval on third reading by the Congress.
powers and duties of his office. Appropriations for the special election shall be
charged against any current appropriations and shall
be exempt from the requirements of paragraph 4,
c. Determination by Congress by 2/3 vote of all
Section 25, Article VI of this Constitution. The
members, voting separately, acting on the convening of the Congress cannot be suspended
second written declaration by majority of the nor the special election postponed. No special
Cabinet election shall be called if the vacancy occurs within
eighteen months before the date of the next
Thereafter, when the President transmits to the presidential election.
President of the Senate and to the Speaker of
the House of Representatives his written 4. Vacancy timetable
declaration that no inability exists, he shall a. 0 days – Vacancy occurs
reassume the powers and duties of his office. b. 3 days – Congress convenes
Meanwhile, should a majority of all the c. 10 days – Law providing for special
Members of the Cabinet transmit within five elections should be enacted
days to the President of the Senate and to the d. 55–70 days – Elections should be held
Speaker of the House of Representatives their within this period
written declaration that the President is unable e. 85–100 days – Canvassing by
to discharge the powers and duties of his office, Congress should be done within this
the Congress shall decide the issue. For that period
purpose, the Congress shall convene, if it is not
in session, within 48 hours, in accordance with
its rules and without need of call.
Page 53 of 384
d. Vacancy in the Office of the Vice- 5. Prohibitions on the Executive
President Department
The following prohibitions apply to:
1987 Constitution a. President;
b. Vice-President;
SECTION 9, ARTICLE VII. Whenever there is a c. The members of the Cabinet, and their
vacancy in the Office of the Vice-President during deputies or assistants.
the term for which he was elected, the President
shall nominate a Vice-President from among the
Members of the Senate and the House of 6. Multiple Offices and Double
Representatives who shall assume office upon Compensation
confirmation by a majority vote of all the Members of a. Shall not receive any other emoluments
both Houses of the Congress, voting separately. from the government or any other source
[For President and Vice-President,
E. Other Privileges, Inhibitions, Section 6, Article VII, 1987 Constitution].
b. Unless otherwise provided in the
and Disqualifications Constitution, shall not hold any other office
or employment [Section 13, Article VII,
1. Official residence 1987 Constitution].
The president shall have an official residence
[Section 6, Article VII, 1987 Constitution]. Exceptions
i. Constitutional Exceptions
2. Salary ii. Ex-Officio Exception: The prohibition
This shall be determined by law. It shall not be does not include posts occupied by
decreased during tenure. No increase shall executive officials without additional
take effect until after the expiration of the term compensation in an ex officio capacity,
of the incumbent during which such increase as provided by law and as required by
was approved [Section 6, Article VII, 1987 the primary functions of the said official’s
Constitution]. office [National Amnesty Commission v.
COA, G.R. No. 156982 (2004)].
3. Presidential Privilege iii. The Vice-President being appointed as a
member of the cabinet.
Note: Case law uses the term presidential iv. The Secretary of Justice sitting as ex
privilege to refer to either (a) immunity from suit officio member of the Judicial and Bar
(i.e., immunity from judicial processes, see Neri Council [Section 8(1), Article VIII, 1987
v. Senate, infra, and Saez v. Macapagal- Constitution; Civil Liberties Union v.
Arroyo, supra); or (b) executive privilege Executive Secretary, supra].
[Akbayan v. Aquino, infra], both discussed
above. c. Shall not directly or indirectly:
1. Practice any other profession;
2. Participate in any business; or
4. The Vice President
3. Be financially interested in any contract
Qualifications, election and term of office and
with, or in any franchise or special
removal are the same as the President, except
privilege granted by the government or
that no Vice-President shall serve for more
any subdivision, agency, or
than 2 successive terms.
instrumentality thereof, including
government-owned or -controlled
The Vice-President may be appointed as a
corporations or their subsidiaries
member of the Cabinet; such requires no
[Section 14, Article VII, 1987
confirmation by the Commission of
Constitution].
Appointments.
d. Strictly avoid conflict of interest in the
conduct of their office [Section 13, Article
VII, 1987 Constitution].
Page 54 of 384
e. May not appoint (a) spouse; or (b) requires no confirmation [Section 3, Article VII,
relatives by consanguinity or affinity within 1987 Constitution].
the fourth civil degree as members of
Constitutional Commissions, or the Office Cabinet
of the Ombudsman, or as Secretaries, The Constitution allows a Cabinet member to
Undersecretaries, chairmen or heads of hold another office provided:
bureaus or offices, including government
owned or controlled corporation and their i. It is in an ex-officio capacity and without
subsidiaries. additional compensation;
ii. Such is necessitated by the primary
a. President’s spouse and relatives functions of his position (e.g., Secretary of
President's spouse and relatives by Trade and Industry as Chairman of NDC;
consanguinity or affinity within the fourth civil Secretary of Agrarian Reform as Chairman
degree cannot be appointed during his tenure of the Land Bank); and
as: (COSUCH) iii. Such is provided by law [Civil Liberties
Union v. Executive Secretary, supra].
a. Members of the Constitutional
Commissions F. Powers of the President
b. The Office of the Ombudsman
c. Secretaries, Undersecretaries, Chairmen 1. Executive and Administrative
or Heads of bureaus or offices (including
Powers
GOCCs and subsidiaries)
The stricter prohibition applied to the President 1987 Constitution

and his official family under Article VII, Section
Section 1, Article VII. The executive power shall be
13, as compared to the prohibition applicable
vested in the President of the Philippines.
to appointive officials in general under Article
IX-B, Section 7, par. 2, is proof of the intent of
the 1987 Constitution to treat them as a class a. Executive Power
by itself and to impose upon said class stricter This refers to the President’s power to enforce,
prohibitions [Civil Liberties Union v. Executive implement, and administer laws. The President
Secretary, G.R. No. 83896 (1991)]. shall ensure that the laws be faithfully executed
[Section 17, Article VII, 1987 Constitution].
b. Exceptions to the rule prohibiting
executive officials from holding The President’s power to conduct
additional positions investigations to aid him in ensuring the faithful
execution of laws is inherent in the President’s
President powers as the Chief Executive. The purpose of
The President can assume any or all Cabinet allowing ad hoc investigating bodies to exist is
posts because the departments are mere to allow an inquiry into matters which the
extensions of his personality, according to the President is entitled to know so that he can be
Doctrine of Qualified Political Agency and the properly advised and guided in the
Unitary (Single) Executive Doctrine. Hence, no performance of his duties relative to the
objection can be validly raised based on execution and enforcement of the laws of the
Section 13, Article VII. land [Biraogo v. Philippine Truth Commission,
G.R. Nos. 192935-36 (2010)].
The President can assume ex officio positions
(e.g., The President is the Chairman of NEDA) b. Summary of Presidential Powers
[Section 9, Article XII, 1987 Constitution].
1. Executive Power: This is the power to
Vice-President enforce and administer laws.
The Vice-President may be appointed as a
member of the Cabinet. Such appointment
Page 55 of 384
2. Power of Appointment: The Legislative a. These are rulemaking powers
can create office, but only the Executive of the President furtherto his
can fill it; Congress cannot circumvent implementation of directives by
this by setting very narrow qualifications, the Constitution or
such that only one person is qualified to statutes/legislation.
hold office [Flores v. Drilon, G.R. No. b. This includes the power to
104732 (1993)]. declare a state of facts or to
mark events. Hence, a
3. Power of Control: The President may Declaration of a State of
(a) nullify, modify judgments of Emergency is within the
subordinates [See Section 17, Article VII, ordinance power of the
1987 Constitution]; (b) undo or redo President. Howerver, this does
actions of subordinates; and (c) lay down not vest him with Emergency
rules for the performance of Powers (including the power to
subordinates’ duties. issue decrees in the nature of
statutes), which can only be
4. Power of Supervision: This refers to done by Congress through a
the oversight function. The Executive law. [See David v. Macapagal-
must see to it that rules, which it did not Arroyo, supra]
make, are followed.
8. Diplomatic Powers: Includes the power
5. Commander-in-Chief Powers [Section to ratify treaties (subject to the consent
18, Article VII, 1987 Constitution]: of the Senate) and enter into executive
a. Call Out Power: Armed forces to agreements.
suppress lawless violence.
b. Suspension of the privilege of the 9. Residual Power: To protect the general
Writ of Habeas Corpus: Only (i) in welfare of people; founded on duty of
times of rebellion or invasion; and (ii) President as steward of the people;
when required by public safety. includes powers unrelated to execution
c. Martial law: Does not suspend the of any provision of law [See Marcos v.
Constitution or result in the closure of Manglapus, G.R. No. 88211 (1989)]
Congress or the courts (which
continue to perform their legislative 10. Other Powers
and judicial functions). i. Power to Pardon: Reprieve,
commute, pardon, remit fines and
6. Power as to Legislation forfeitures after final judgment
a. Veto Power [Section 19(1), Article VII, 1987
b. Power to Declare Emergency: The Constitution].
President only has the power to ii. Power to Grant Amnesty: With
declare a state of emergency. The concurrence of majority of all
exercise of emergency power is members of Congress.
vested in Congress, but may be iii. Borrowing Power: Contract or
delegated by it to the President. guarantee foreign loans with
c. Integrative Power: Powers shared concurrence of Monetary Board
with legislative (e.g., appointments [Section 20, Article VII, 1987
requiring confirmation, rule-making); Constitution].
legislation during times of iv. Budgetary Power: Submit to
emergency Congress budget of bills and
expenditures [Section 22, Article VII,
7. Ordinance Power: The power to issue 1987 Constitution].
executive orders, administrative orders,
proclamations, memorandum orders, 10. Informing Power: Address Congress
memorandum circulars, and general and during opening of session, or at any
special orders
Page 56 of 384
other time [Section 23, Article VII, 1987 iii. Vacant position at the time of
Constitution]. appointment;
iv. Receipt of the appointment papers and
Note: The presidential power of control over acceptance of the appointment by the
the Executive Branch of Government is a self- appointee who possesses all
executing provision of the Constitution and qualifications and none of the
does not require statutory implementation, nor disqualifications [Velicaria-Garafil v.
may its exercise be limited, much less Office of the President, G.R. No.
withdrawn, by the Legislature [Ocampo v. 203372 (2015)].
Enriquez, G.R. No. 225973 (2016)]. 5. Four Groups of Officers whom the
President may appoint:
2. Power of Appointment i. With Consent of the Commission on
Appointments:
● Heads of the executive departments
1987 Constitution
● Ambassadors, other public
Section 16, Article VII. The President shall ministers and consuls
nominate and, with the consent of the Commission ● Officers of the armed forces from
on Appointments, appoint the heads of the executive the rank of colonel or naval captain
departments, ambassadors, other public ministers ● Other officers whose appointments
and consuls, or officers of the armed forces from the
are vested in him by the
rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution:
Constitution. He shall also appoint all other officers ● Regular Members of the JBC (ex-
of the Government whose appointments are not officio members do not need the
otherwise provided for by law, and those whom he confirmation of the CA)
may be authorized by law to appoint. The Congress ● Chairman and Commissioners of
may, by law, vest the appointment of other officers
the CSC, COMELEC, and COA.
lower in rank in the President alone, in the courts, or
in the heads of departments, agencies, ● Members of the Regional and
commissions, or boards. Consultative Commissions
ii. All other officers of the government
whose appointments are not otherwise
1. Appointment: Selection by the proper provided by law;
authority of an individual who is to exercise iii. Those whom the President may be
the powers and functions of a given office. authorized by law to appoint (e.g.,
Appointee has a right to claim Chairman and Members of the
compensation as stated in the Commission on Human Rights
appointment. [Bautista v. Salonga, G.R. No. 86439
2. Designation: Imposition of additional (1989)]; and
duties, usually by law, upon a person iv. Officers lower in rank whose
already in the public service by virtue of an appointments Congress may by law
earlier appointment. Does not entail vest in the President alone [Sarmiento
payment of additional benefits or grants III v. Mison, G.R. No. 79974 (1987)]
upon the person so designated [National
Amnesty Commission v. COA, G.R. No. Consent of the Commission on Appointments
156982 (2004)]. is not required for 2, 3, and 4 as these are not
3. Commission: Written evidence of the positions whose appointments are granted by
appointment. the Constitution
4. Elements of a valid appointment:
i. Authority to appoint and evidence of Note: Appointments to the Philippine Coast
the exercise of authority; Guard, which is no longer under the AFP, need
ii. Transmittal of the appointment paper not undergo confirmation [Soriano v. Lista,
and evidence of the transmittal G.R. No. 153881 (2003)].
(preferably through the Malacañang
Records Office);
Page 57 of 384
The Philippine National Police (PNP) [Section For lower courts, appointments shall be
6, Article XVI, 1987 Constitution] is separate issued within 90 days from submission
and distinct from the Armed Forces of the of the list.
Philippines (AFP) [Section 4, Article XVI, 1987
Constitution]. The police force is different from ii. Ombudsman and his 5 deputies (for
and independent of the armed forces and that Luzon, Visayas, Mindanao, general
the ranks in the military are not similar to those and military) [Section 9, Article XI, 1987
in the PNP. Thus, directors and chief Constitution].
superintendents of the PNO do not fall under
the first category of presidential appointees 8. Clustering of JBC Nominations
requiring confirmation by the COA [Manalo v.
Sistoza, G.R. No. 107369 (1999)]. Clustering: A previous JBC practice where,
when there are multiple vacancies in a court
Note: Re: “Congress may by law vest in the (e.g., Associate Justice A, B, and C in the
appointment of other officers lower in rank in Sandiganbayan), candidates (e.g., Candidates
the President alone.” 1 to 9) who meet the criteria for the position are
● The inclusion of the word “alone” was an nominated by the JBC only for specific
oversight. The Constitution should read: vacancies (e.g., Candidates 1-3 for Associate
“The Congress may, by law, vest the Justice A, Candidates 4-6 for AssociateJustice
appointment of other officers lower in rank B, and Candidates 7-9 for Associate Justice C).
in the President” [Sarmiento v. Mison,
supra] In Aguinaldo v. Aquino, G.R. No. 224302
(2017), the Court ruled that clustering impinged
6. Other cases where confirmation is not upon the President’s appointment power in
required: appointing the Associate Justices in the
i. When Congress creates inferior Sandiganbayan.
officers but omits to provide for
appointment thereto, or provides in an The President’s option for every vacancy was
unconstitutional manner for such limited to the 5 to 7 nominees in each cluster.
appointments – power to appoint is Once the President chose an appointee from
vested upon the President by default, one cluster, he was proscribed from
but this will not require confirmation; considering other nominees in the same cluster
ii. Appointment of the Vice-President as for the other vacancies. All the nominees
member of the Cabinet [Section 3, applied for and were qualified for appointment
Article VII, 1987 Constitution]; to any of the vacant Associate Justice positions
iii. Appointments upon recommendation in the Sandiganbayan, however, the JBC did
of the Judicial Bar Council; not explain why one nominee should be
iv. Appointments solely by the President. considered for appointment to the position
assigned to one specific cluster only.
7. Appointments upon nomination of the
Judicial and Bar Council (does not The nominees' chance for appointment was
require confirmation by the restricted to the consideration of the one
Commission on Appointments) cluster in which they were included, even
i. Members of the Supreme Court and all though they applied for and were qualified for
other courts [Section 9, Article VIII, all vacancies.
1987 Constitution].
9. Steps in the appointing process (for
Note: The appointment must be made appointees requiring confirmation):
90 days from when the vacancy occurs
[Section 4(1), Article VIII, 1987
Nomination by the President
Constitution]
!
Page 58 of 384
appointment cannot have the effect of recalling
Confirmation by the Commission on
or setting aside said appointment. The
Appointments
Constitution is clear — there must be a
! rejection by the Commission on Appointments
or non-action on its part for the confirmation to
Issuance of the Commission be recalled.
! b. By-Passed Appointments and their

Effects
Acceptance by the Appointee
A by-passed appointment is one that has not
been finally acted upon on the merits by the
Note: In the case of ad interim appointments, Commission on Appointments at the close of
steps 1, 3 and 4 precede step 2. the session of Congress. There is no final
decision by the Commission on Appointments
An appointment is deemed complete only upon to give or withhold its consent to the
acceptance [Lacson v. Romero, G.R. No. L- appointment as required by the Constitution.
3081 (1949)]. Absent such decision, the President is free to
renew the ad interim appointment of a by-
Appointment is essentially a discretionary passed appointee [Matibag v. Benipayo, G.R.
power, the only condition being that the No. 149036 (2002)].
appointee, if issued a permanent appointment,
should possess the minimum qualification A by-passed appointee, or one whose
requirements, including the Civil Service appointment was not acted upon the merits by
eligibility prescribed by law for the position. the CA, may be appointed again by the
Discretion also includes the determination of President, because failure by the CA to confirm
the nature or character of the appointment. an ad interim appointment is not disapproval.
a. Process of Confirmation by the c. Appointments by Acting President

Commission
1987 Constitution
Types of Appointment
● Regular Section 14, Article VII. Appointments extended by
● Recess (Ad Interim) an Acting President shall remain effective, unless
revoked by the elected President, within ninety days
from his assumption or reassumption of office.
Two Kinds of Appointments Requiring
Confirmation:
1. Regular: If the CA (Congress) is in Midnight appointments ban applies to the
session; and acting President.
2. Ad Interim: during the recess of Congress
(because the CA shall meet only while d. Scope of Midnight Appointments
Congress is in session) [Section 19, Article
VI, 1987 Constitution] General Rule: 2 months immediately before
the next presidential elections (2nd Monday of
Regular Appointment March), and up to the end of his “term” (June
1. Made by the President while Congress is 30), a President (or Acting President) shall not
in session make appointments [Section 15, Article VII,
2. Takes effect only after confirmation by the 1987 Constitution].
Commission on Appointments (CA)
3. Once approved, continues until the end of Exception: Temporary appointments to
the term. executive positions, when continued vacancies
will: (1) Prejudice public service; or (2)
Note: The mere filing of a motion for endanger public safety.
reconsideration of the confirmation of an
Page 59 of 384
Limited to Executive Departments: The Exception: The President cannot remove
prohibition against midnight appointment officials appointed by him where the
applies only to positions in the executive Constitution prescribes certain methods for
department [De Castro v. JBC, G.R. No. 91002 separation of such officers from public service,
(2010)]. e.g., Chairman and Commissioners of
Constitutional Commissions who can be
Limited to Caretaker Capacity: While removed only by impeachment, or judges who
“midnight appointments” (i.e., made by are subject to the disciplinary authority of the
outgoing President near the end of his term) Supreme Court.
are not illegal, they should be made in the
capacity of a “caretaker” [a new president Career Civil Service: Members of the career
being elected], doubly careful and prudent in civil service who are appointed by the
making the selection, so as not to defeat the President may be directly disciplined by him,
policies of the incoming administration. Hence, but their removal is subject to compliance with
the issuance of 350 appointments in one night civil service rules. [Villaluz v. Zaldivar, G.R. No.
and planned induction of almost all of them a L-22754 (1965)].
few hours before the inauguration of the new
President may be regarded as abuse of Serve at the pleasure of the President:
presidential prerogatives [Aytona v. Castillo, Cabinet members and such officers whose
G.R. No. L-19313 (1962)]. It must be shown continuity in office depends upon the pleasure
that there is regard for the fitness of appointees of the president may be replaced at any time,
and the filling up must be few and so spaced but legally speaking, their separation is
which indicates there was a deliberate action effected not by removal but by expiration of
taken by the appointing power. their term of the appointee (as their “term” is
only until the President is pleased with their
Applies only to the President: Ban does not continuance).
extend to appointments made by local elective
officials. There is no law that prohibits local 3. Power of Control and Supervision
elective officials from making appointments
during the last day of his/her tenure [De Rama
1987 Constitution
v. CA, G.R. No. 131136 (2001)].
Section 17, Article VII. The President shall have
e. Recess of Ad Interim appointments control of all the executive departments, bureaus,
The President shall have the power to make and offices. He shall ensure that the laws be
appointments during the recess of the faithfully executed.
Congress, whether voluntary or compulsory,
but such appointments shall be effective only Control is essentially the power to (1) alter or
until disapproval by the Commission on modify or nullify or set aside what a subordinate
Appointments or until the next adjournment of officer had done in the performance of his
the Congress [Section 16(2), Article VII, 1987 duties; and to (2) substitute the judgment of the
Constitution]. former with that of the latter [Biraogo v.
Philippine Truth Commission, G.R. No. 192935
Hence, when an ad interim appointment is (2010)].
bypassed, it expires during the adjournment of
Congress and must be re-extended by the The power of control includes:
President. ● Acting directly whenever a specific
function is entrusted by law or regulation
f. Power of Removal to a subordinate
● Directing the performance of a duty
General Rule: The power of removal is implied ● Restraining the commission of certain acts
from the power of appointment. ● Reviewing, approving, reversing,
modifying acts and decisions of
subordinate officials or units
Page 60 of 384
● Determining priorities in the execution of Exceptions:
plans and programs a. Cases where the Chief Executive is
● Prescribing guidelines, plans and required by the Constitution or by law to
programs act in person; or
● Reorganization (transfer of unit, transfer of b. The exigencies of the situation demand
functions, abolish, consolidate, or merge that he acts personally.
units)
The President may, by executive or
Supervision is the overseeing or the power of administrative order, direct the reorganization
the officer to see that subordinate officers of government entities under the Executive
perform their duties, and if the latter fail or Department. This is also sanctioned under the
neglect to fulfill them, then the former may take Constitution, as well as the Admin Code. This
such action or steps as prescribed by law to recognizes the recurring need of every
make them perform these duties. This does not President to reorganize his or her office "to
include the power to overrule their acts, if these achieve simplicity, economy and efficiency," in
acts are within their discretion. the manner the Chief Executive deems fit to
carry out presidential directives and policies
a. Doctrine of Qualified Political Agency [Tondo Medical Employees v. CA, G.R. No.
All the different executive and administrative 167324 (2007)].
organizations are mere adjuncts of the
Executive Department. This is an adjunct of the Power to Abolish Offices
Doctrine of the Unitary (Single) Executive. Generally, the power to abolish a public office
is legislative (as it is correlative of the power to
The heads of the various executive create a public office). However, as far as
departments are assistants and agents of the bureaus, offices or agencies of the executive
Chief Executive [Villena v. Secretary of Interior, department are concerned, the power of
G.R. No. L-45670 (1939)]. In the regular course control may justify him to inactivate functions of
of business, acts of executive departments, a particular office [Buklod ng Kawaning EIIB v.
unless disapproved or reprobated by the Chief Zamora, G.R. No. 142801-802 (2001)].
Executive, are presumptively acts of the Chief
Executive [Free Telephone Workers Union v. In establishing an executive department,
Minister of Labor and Employment, G.R. No. L- bureau, or office, the legislature necessarily
581184 (1981)]. ordains an executive agency's position in the
scheme of administrative structure. Such
There is a special class of powers which the determination is primary, but subject to the
President cannot delegate (e.g., declaration of President's continuing authority to reorganize
martial law, suspension of the privilege of the the administrative structure [Anak Mindanao v.
writ of habeas corpus, executive clemency, Executive Secretary, G.R. No. 166052 (2007)].
among others), which are textually committed
by the Constitution to the President. However, Power to Reorganize
the power of administrative review is not The Administrative Code delegated to the
among these quintessential presidential President the power to reorganize the Office of
powers. Thus, the President can choose not to the President in the interest of “simplicity,
review the decision of the DOJ and delegate economy, and efficiency” (cf. Admin. Code, Bk.
such power to the Secretary by virtue of the III, Ch.10, Sec.31).
Qualified Agency Doctrine [Angeles v. Gaite,
G.R. 165276 (2009)]. Note: A distinction is made in the Admin. Code
between the power to reorganize the Office of
b. Executive Departments and Offices the President Proper and that for the Office of
General Rule: The multifarious executive and the President.
administrative functions of the Chief Executive
are performed by and through the executive
departments.
Page 61 of 384
orders, or local ordinance) as he only exercises
Office of the Office of the
general supervision over LGUs, not control
President Proper President
The President has the Power of the 4. Emergency Powers

power to abolish, President to a. Emergency Powers
consolidate, merge reorganize is limited Delegated by the Congress. It covers such
units of the Office of to merely transferring power necessary to carry out a declared
the President Proper. functions. This refers national policy of Congress.
to outside the Office
of the President b. Nature of Grant
Proper but still within Generally, Congress is the repository of
the Office of the emergency powers. This is evident in the tenor
President. of Section 23 (2), Article VI authorizing it to
[Pichay v. Office of the Deputy Executive delegate such powers to the President.
Secretary, G.R. No. 196425 (2012)]. Certainly, a body cannot delegate a power not
reposed upon it.
The Office of the President Proper is a smaller
office that includes the Private Office, the a. Limited period — Ceases upon withdrawal
Executive Office, the Common Staff Support by Congress through a resolution, or
System, and the Presidential Special failing to adopt it upon next voluntary
Assistants/Advisers System. [See Admin. adjournment.
Code, Bk. III, Ch. 8, Sec. 22]. b. Subject to restrictions from Congress.
[See Rodriguez v. Gella, G.R. No. L-6266
(1953) on the Nature of Emergency
c. General Supervision over Local
Power]
Government Units
c. Requisites of Grant of Emergency
The President shall exercise general
supervision over local governments [Section 4, Powers
Article X, 1987 Constitution]. a. There must be a war or other emergency;
b. The delegation must be for a limited period
The President shall exercise general only;
supervision over autonomous regions to c. The delegation must be subject to such
ensure that laws are faithfully executed restrictions as the Congress may
[Section 16, Article X, 1987 Constitution]. prescribe; and
d. The emergency powers must be exercised
The President may suspend or remove local to carry out a national policy declared by
officials by virtue of the power delegated to him Congress.
by Congress through the Local Government
Code. The Constitution also places local [See David v. Macapagal-Arroyo, G.R. No.
governments under the general supervision of 171396 (May 3,2006)]
the President, and also allows Congress to
include in the local government code d. Concept of Emergency
provisions for removal of local officials [Section Emergency, as a generic term, connotes the
3, Article X, 1987 Constitution; See also existence of conditions suddenly intensifying
Ganzon v. CA, G.R. No. 93252 (1991)]. the degree of existing danger to life or
wellbeing beyond that which is accepted as
In relation to local government units (LGUs), normal. Implicit in these definitions are the
supervision includes the authority to ensure elements of intensity, variety, and perception.
that LGUs are operating and acting in Emergencies, as perceived by legislature or
accordance with law and not ultra vires. executive in the United States have been
However, the President cannot directly occasioned by a wide range of situations,
overrule the acts of LGUs (e.g., local executive classifiable under three principal heads: (a)
economic, (b) natural disaster, and (c) national
Page 62 of 384
security. Emergency as contemplated in the suspension, convene in accordance with its rules
1987 Constitution, is of the same breadth. It without any need of a call.
may include rebellion, economic crisis,
pestilence or epidemic, typhoon, flood, or other The Supreme Court may review, in an appropriate
similar catastrophe of nationwide proportions proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
or effect.
suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
In David v. Macapagal-Arroyo, G.R. No. thereon within thirty days from its filing.
171396 (2006), the Court made it clear that
Presidential Proclamation 1017 (Declaring a A state of martial law does not suspend the
State of National Emergency) was woven out operation of the Constitution, nor supplant the
functioning of the civil courts or legislative
of the “calling out” and “take care” powers of
assemblies, nor authorize the conferment of
the President joined with the “temporary jurisdiction on military courts and agencies over
takeover” provision under Section 17, Article civilians where civil courts are able to function, nor
XII. PP 1017 purports to grant the President, automatically suspend the privilege of the writ.
without delegation from Congress, to take over
or direct operation of any privately-owned The suspension of the privilege of the writ shall apply
only to persons judicially charged for rebellion or
public utility or business affected with public
offenses inherent in or directly connected with the
interest. invasion.
Pursuant to her ordinance power, the President During the suspension of the privilege of the writ, any
may declare the existence of a state of national person thus arrested or detained shall be judicially
emergency without Congressional enactment charged within three days, otherwise he shall be
released.
however the exercise of emergency powers
requires a delegation from Congress which is
the repository of emergency powers. The President is the commander-in-chief of all
armed forces of the Philippines. The ability of
5. Commander-In-Chief Powers the President to require a military official to
secure prior consent before appearing before
1987 Constitution
Congress pertains to a wholly different and
independent species of presidential authority
Section 18, Article VII. The President shall be the — the commander-in-chief powers of the
Commander-in-Chief of all armed forces of the President. By tradition and jurisprudence, the
Philippines and whenever it becomes necessary, he commander-in-chief powers of the President
may call out such armed forces to prevent or are not encumbered by the same degree of
suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety
restriction as that which may attach to
requires it, he may, for a period not exceeding sixty executive privilege or executive control
days, suspend the privilege of the writ of habeas [Gudani v. Senga, G.R. No. 170165 (2006)].
corpus or place the Philippines or any part thereof
under martial law. Within forty-eight hours from the Graduated Powers (From most to least
proclamation of martial law or the suspension of the benign)
privilege of the writ of habeas corpus, the President
shall submit a report in person or in writing to the
a. Calling out power: He may call out such
Congress. The Congress, voting jointly, by a vote of armed forces to prevent or suppress
at least a majority of all its Members in regular or lawless violence, invasion, or rebellion.
special session, may revoke such proclamation or b. Power to suspend PWHC: He may
suspension, which revocation shall not be set aside suspend the privilege of the writ of habeas
by the President. Upon the initiative of the President, corpus.
the Congress may, in the same manner, extend
such proclamation or suspension for a period to be
c. Power to declare ML: He may proclaim
determined by the Congress, if the invasion or martial law over the entire Philippines or
rebellion shall persist and public safety requires it. any part thereof [Sanlakas v. Executive
Secretary, G.R. No. 159085 (2004)].
The Congress, if not in session, shall, within twenty-
four hours following such proclamation or
Page 63 of 384
Conditions for the exercise of calling out 2. Public safety requires the proclamation of
power: martial law all over the Philippines or in
1. An actual invasion or rebellion; AND any part thereof.
2. Public safety requires the exercise of such
power. The power to declare martial law and to
suspend the privilege of the writ of habeas
These conditions are not required in the corpus involve curtailment and
exercise of the calling out power. The only suppression of civil rights and individual
criterion is that ‘whenever it becomes freedom. Thus, the declaration of martial
necessary,’ the President may call the armed law serves as a warning to citizens that the
forces ‘to prevent or suppress lawless violence, Executive Department has called upon the
invasion or rebellion.’ [Sanlakas v. Executive military assist in the maintenance of law
Secretary, supra] and order, and while the emergency
remains, the citizens must, under pain of
Outside explicit constitutional limitations, the arrest and punishment, not act in a
commander-in-chief clause vests in the manner that will render it more difficult to
President, as commander-in-chief, absolute restore order and enforce the law [Lagman
authority over the persons and actions of the v. Medialdea, supra].
members of the armed forces. Such authority
includes the ability of the President to restrict The following cannot be done by a
the travel, movement and speech of military proclamation of Martial Law [Section 18,
officers, activities which may otherwise be Article VII, 1987 Constitution]:
sanctioned under civilian law [Gudani v. 1. Suspend the operation of the Constitution;
Senga, supra]. 2. Supplant the functioning of the civil courts
and legislative assemblies;
a. Calling Out Powers 3. Confer jurisdiction upon military courts
This is merely a police measure meant to quell and agencies over civilians, where civil
disorder. As such, the Constitution does not courts are able to function.
regulate its exercise radically.
Open Court Doctrine: Civilians cannot be
State of Rebellion tried by military courts if the civil courts are
Since the Constitution did not define the term open and functioning. Martial law usually
"rebellion," it must be understood to have the contemplates a case where the courts are
same meaning as the crime of "rebellion" in the already closed and the civil institutions
Revised Penal Code (RPC). have already crumbled, i.e., a "theater of
war." [Olaguer v. Military Commission No.
In determining the existence of rebellion, the 34, G.R. No. L-54558 (1987)].
President only needs to convince himself that
there is probable cause or evidence showing 4. Automatically suspend the privilege of the
that more likely than not a rebellion was writ of habeas corpus. The President must
committed or is being committed. To require expressly suspend the privilege.
him to satisfy a higher standard of proof would
restrict the exercise of his [commander-in- Suspension of the Privilege of the Writ of
chief] powers [Lagman v. Medialdea, G.R. No. Habeas Corpus
231658 (2017)].
Requisites for suspension of the privilege
b. Declaration of Martial Law and the of the writ of habeas corpus:
Suspension of the Privilege of the Writ 1. There must be an actual invasion or
of Habeas Corpus (Including Extension rebellion; and
2. Public safety requires it.
of Period)
Note that the privilege of the writ is suspended,
Requisites of Proclaiming Martial Law
not the writ itself. The writ is an order from the
1. There must be an in invasion or rebellion.
Page 64 of 384
court commanding a detaining officer to inform iii. The right to bail shall not be impaired
the court: even when the privilege of the writ of
1. If he has the person in custody; and habeas corpus is suspended.
2. His basis for detaining that person. Excessive bail shall not be required
[Section 13, Article III, 1987
The privilege is the order from the court to Constitution].
release the person in the custody of the
respondent/detaining officer. The suspension of the privilege does not
destroy petitioners' right and cause of action for
Effects of the Suspension of the Privilege: damages for illegal arrest and detention and
a. The suspension of the privilege of the writ other violations of their constitutional rights
applies only to persons “judicially charged” [Aberca v. Ver, G.R. No. L-69866 (1988)].
(should be read as one who is suspected
of complicity in) for rebellion or offenses The President may exercise the power to call
inherent in or directly connected with out the Armed Forces independently of the
invasion [Section 18, par. 5, Article VII, power to suspend the privilege of the writ of
1987 Constitution]. habeas corpus and to declare martial law,
i. Such persons suspected of the above although, of course, it may also be a prelude to
can be arrested and detained without a possible future exercise of the latter powers,
warrant of arrest. as in this case [Lagman v. Medialdea, supra].
ii. The suspension of the privilege does
not make the arrest without warrant Four (4) ways for the Proclamation of Martial
legal. But the military is, in effect, Law or the Suspension of the Privilege of the
enabled to make the arrest anyway Writ of Habeas Corpus to be Lifted:
since, with the suspension of the 1. Lifting by the President himself
privilege, there is no remedy available 2. Revocation by Congress
against such unlawful arrest (arbitrary 3. Nullification by the Supreme Court
detention). 4. Operation of law after 60 days
iii. The arrest without warrant is justified
by the emergency situation and the Either may also be extended for a period to be
difficulty in applying for a warrant determined by Congress, upon the initiative of
considering the time and the number of the President, and if the invasion or rebellion
persons to be arrested. shall persist and public safety requires it.
iv. The crime for which he is arrested must
be one related to rebellion or invasion. The Role of Congress [See Section 18, par.
As to others, the suspension of the 1 & 2, Article VII, 1987 Constitution]
privilege does not apply. 1. Congress may revoke the proclamation of
b. During the suspension of the privilege of martial law or suspension of the privilege
the writ, any person thus arrested or of the writ of habeas corpus before the
detained shall be judicially charged within lapse of 60 days from the date of
3 days, or otherwise he shall be released suspension or proclamation.
[Section 18(6), Article VII, 1987
Constitution]. 2. Upon such proclamation or suspension,
i. The effect therefore is only to extend Congress shall convene at once. If it is not
the periods during which he can be in session, it shall convene in accordance
detained without a warrant. When the with its rules without need of a call within
privilege is suspended, the period is 24 hours following the proclamation or
extended to 72 hours. suspension.
ii. What happens if he is not judicially
charged nor released after 72 hours? The houses of Congress may convene
The public officer becomes liable under separately at this point, i.e., in their
RPC Article 125 for "delay in the respective chambers [See Padilla v.
delivery of detained persons." Congress, G.R. No. 231671 (2017)].
Page 65 of 384
3. Within 48 hours from the proclamation or ii. The extension thereof. It must
the suspension, the President shall submit promulgate its decision thereon
a report, in person or in writing, to the within 30 days from its filing.
Congress of the action he has taken.
In reviewing the sufficiency of the factual
4. The Congress shall then vote jointly, by a basis of the proclamation or suspension, the
majority of all its members, if it desires to Court considers only the information and
avail of two options: data available to the President prior to or at
a. To revoke such proclamation or the time of the declaration; it is not allowed
suspension. When it is so revoked, the to "undertake an independent investigation
President cannot set aside (or veto) the beyond the pleadings." On the other hand,
revocation as he normally would do in Congress may take into consideration not
the case of bills. only data available prior to, but likewise
b. To extend it beyond the 60-day period events supervening the declaration.
of its validity.
Thus, the power to review by the Court and
Congress need only meet in joint session the power to revoke by Congress are not
to revoke (or extend) the proclamation only totally different but likewise
(such as when one of the houses has independent from each other although
expressed an intent to revoke it, thereby concededly, they have the same trajectory,
compelling the houses to meet in joint which is, the nullification of the presidential
session). If Congress simply intends to proclamation. Needless to say, the power of
respect or support the President’s initial the Court to review can be exercised
proclamation, it need not meet in joint independently from the power of revocation
session [See Padilla v. Congress, supra]. of Congress [Lagman v. Medialdea, supra].
Congress can only so extend the Petition for Habeas Corpus

proclamation or suspension upon the i. When a person is arrested without a warrant
initiative of the President. The period need for complicity in the rebellion or invasion, he
not be 60 days; it could be more, as or someone else on his behalf has the
Congress would determine, based on the standing to question the validity of the
persistence of the emergency. proclamation or suspension.
ii. Before the SC can decide on the legality of
Note: If Congress fails to act before the his detention, it must first pass upon the
measure expires, it can no longer extend validity of the proclamation or suspension.
it until the President again re-declares the
measure. Cf. R.A. No. 7055 (1991)
If Congress extends the measure, but An Act Strengthening Civilian Supremacy

before the period of extension lapses the over the Military by Returning to the Civil
requirements for the proclamation or Courts the Jurisdiction over Certain
suspension no longer exist, Congress can Offenses involving Members of the Armed
lift the extension, since the power to confer Forces of the Philippines, other Persons
implies the power to take back. Subject to Military Law, and the Members of
the Philippine National Police, Repealing
The Role of the Supreme Court [See Section for the Purpose Certain Presidential
18, par. 3, Article VII, 1987 Constitution] Decrees
1. The Supreme Court may review, in an
appropriate proceeding filed by any citizen, R.A. No. 7055 provides that when these
the sufficiency of the factual basis of: individuals commit crimes or offenses
i. The proclamation of martial law or penalized under the RPC, other special penal
the suspension of the privilege of laws, or local government ordinances,
the writ; or regardless of whether civilians are co-accused,
Page 66 of 384
victims, or offended parties which may be time, a postponement of execution, a
natural or juridical persons, they shall be tried temporary suspension of execution
by the proper civil court, except when the [People v. Vera, G.R. No. L-45685 (1937)].
offense, as determined before arraignment by
the civil court, is service-connected in which ● Commutations: Reduction of sentence
case it shall be tried by court-martial. [Black’s Law Dictionary]. It is a remission
of a part of the punishment; a substitution
The assertion of military authority over civilians of a lesser penalty for the one originally
cannot rest on the President's power as imposed [People v. Vera, supra].
Commander in Chief or on any theory of martial
law. As long as civil courts remain open and are ● Amnesty: A sovereign act of oblivion for
regularly functioning, military tribunals cannot past acts, granted by government
try and exercise jurisdiction over civilians for generally to a class of persons who have
offenses committed by them and which are been guilty usually of political offenses and
properly cognizable by civil courts [Olaguer v. who are subject to trial but have not yet
Military Commission No. 34, supra]. been convicted, and often conditioned
upon their return to obedience and duty
6. Pardoning Powers within a prescribed time [Black’s Law
Dictionary; Brown v. Walker, 161 US 591
(1896)].
1987 Constitution
1. Requires concurrence of majority of all
Section 19, Article VII. Except in cases of members of Congress [Sec. 19, Art.
impeachment, or as otherwise provided in this VII, 1987 Constitution].
Constitution, the President may grant reprieves,
commutations and pardons, and remit fines and ● Remission of Fines/Forfeitures: After
forfeitures, after conviction by final judgment.
conviction by final judgment
a. Scope and Limitations: When ● Pardons: Permanent cancellation of

sentence [Black’s Law Dictionary]. It is an
clemency may not be extended by the
act of grace proceeding from the power
President:
entrusted with the execution of the laws,
1. In case of impeachment;
which exempts the individual on whom it is
2. As otherwise provided in this Constitution,
bestowed, from the punishment the law
including:
inflicts for the crime he has committed. It is
a. For election offenses, without
a remission of guilt, a forgiveness of the
the favorable recommendation
offense [People v. Vera, supra].
of the COMELEC: [Section 5,
Article IX-B, 1987 Constitution]
● Parole: The suspension of the sentence of
b. For amnesties, without the
a convict granted by a Parole Board after
concurrence of a majority of all
serving the minimum term of the
members of Congress [Section
indeterminate sentence penalty, without
5, Article IX].
granting a pardon, prescribing the terms
3. In cases of legislative and civil contempt
upon which the sentence shall be
(rationale: these infringe upon legislative
suspended.
and judicial prerogatives)
4. Before conviction by final judgment
Pardon
(except amnesty).
Plenary or Partial
b. Forms of Executive Clemency Plenary: Extinguishes all the penalties
● Reprieves: A temporary relief from or imposed upon the offender, including
postponement of execution of criminal accessory disabilities.
penalty or sentence or a stay of execution Partial: Does not extinguish all penalties
[Black’s Law Dictionary]. It is the imposed.
withholding of a sentence for an interval of
Page 67 of 384
Conditional or Absolute The right to seek public elective office is
Conditional: The offender has the right to unequivocally considered as a political right.
reject the same since he may feel that the Hence, upon acceptance of the pardon, the
condition imposed is more onerous than the pardonee regained his full civil and political
penalty sought to be remitted. rights – including the right to seek elective
office, even though that right is not expressly
The determination of whether the conditions mentioned as provided under Article 36 of the
had been breached rests exclusively in the Revised Penal Code [Risos-Vidal v.
sound judgment of the Chief Executive [Torres COMELEC, G.R. No. 206666 (2015)].
v. Gonzales, G.R. No. 76872 (1987)].
Pardon v. Amnesty
Absolute: The pardonee has no option at all
and must accept it whether he likes it or not. In
Pardon Amnesty
this sense, an absolute pardon is similar to
commutation, which is also not subject to Infractions of peace Generally addressed
acceptance by the offender. of the state to political offenses
Limitations on Pardon Granted to individuals To classes of

a. Cannot be granted for impeachment persons
[Section 19, Article VII, 1987 Constitution].
b. Cannot be granted in cases of violation of Exercised solely by Requires
election laws without the favorable the executive concurrence of
recommendation of the COMELEC Congress
[Section 5, Article IX-C, 1987
Constitution]. Differentiated from
c. Can be granted only after conviction by a. Probation: Disposition where a defendant
final judgment [People v. Salle, G.R. No. after conviction and sentence is released
103567 (1995)]. subject to (1) conditions imposed by the
court and (2) supervision of a probation
Section 19, Article VII prohibits the grant officer [Section 3(a), PD No. 968].
of pardon, whether full or conditional, to an b. Parole: Suspension of the sentence of a
accused during the pendency of his convict granted by a Parole Board after
appeal from his conviction by the trial serving the minimum term of the
court. Any application therefore should not indeterminate sentence penalty, without
be acted upon or the process toward its granting a pardon, prescribing the terms
grant should not be begun unless the upon which the sentence shall be
appeal is withdrawn [People v. Bacang, suspended [Reyes].
G.R. No. 116512 (1996)].
Application of Pardoning Powers to
d. Cannot absolve the convict of civil liability Administrative Cases
[People v. Nacional, G.R. Nos. 111294-95 a. If the President can grant reprieves,
(1995)]. commutations and pardons, and remit
e. Cannot be granted to cases of legislative fines and forfeitures in criminal cases, with
contempt or civil contempt much more reason can she grant
f. Cannot restore public offices forfeited, executive clemency in administrative
even if pardon restores the eligibility for cases, which are clearly less serious than
said offices [Monsanto v. Factoran, G.R. criminal offenses.
No. 78239 (1989)]. b. However, this is limited only to
administrative cases in the Executive
However, if a pardon is given because he did branch [Llamas v. Executive Secretary,
not commit the crime, reinstatement and back G.R. No. 99031 (1991)].
wages would be due [Garcia v. COA, G.R. No.
75025 (1993)].
Page 68 of 384
Denial of Commission of Offenses d. Ratify treaties, but subject to the
Persons invoking the benefit of amnesty must concurrence of the Senate;
first admit to their complicity in the crimes e. Enter into executive agreements; and
charged. Amnesty presupposes the f. Transact the business of foreign relations
commission of a crime, and when the accused [See Pimentel v. Executive Secretary,
maintains that he has not committed the crime, G.R. No. 158088 (2005)].
he cannot have any use for amnesty [Vera v.
People, G.R. No. L-18184 (1963)]. b. To Contract or Guarantee Foreign
Loans
Amnesty Requisites
a. With the concurrence of the monetary
Who May Avail board [Section 20, Article VII, 1987
Generally: Individuals who form part of the Constitution]
class of persons covered by an amnesty b. Subject to limitations as may be provided
proclamation whose acts constitute the political by law [Section 20, Article XII, 1987
offenses covered by the same. Constitution]
c. Information on foreign loans obtained or
Jurisprudence guaranteed shall be made available to the
Amnesty Proclamation No. 76 applies even to public [Section 21, Article XII, 1987
Hukbalahaps already undergoing sentence Constitution]
upon the date of its promulgation. The majority
of the Court believes that by its context and Cf. R.A. No. 4860
pervading spirit the proclamation extends to all Congress may provide guidelines for
members of the Hukbalahap [Tolentino v. contracting or guaranteeing foreign loans, and
Catoy, G.R. No. L-2503 (1948)]. have these rules enforced through the
Monetary Board. But for Congress to grant
The SC agreed with the Sandiganbayan that in prior approval is a totally different issue. At any
fact the petitioners were expressly disqualified rate, the present power, which was first
from amnesty. The acts for which they were introduced in the 1973 Constitution, was based
convicted were ordinary crimes without any on R.A. No. 4860 or the Foreign Loan Act.
political complexion and consisting only of What used to be a statutory grant of power is
diversion of public funds to private profit. The now a constitutional grant which Congress
amnesty proclamation covered only acts in the cannot take away, but only regulate.
furtherance of resistance to duly constituted
authorities of the Republic and applies only to Role of Congress in such Foreign Loans
members of the MNLF, or other anti- The President does not need prior approval by
government groups [Macagaan v. People, G.R. Congress:
No. 77317-50 (1987)]. a. Because the Constitution places the
power to check the President’s power on
7. Foreign Relations Powers the Monetary Board;
a. In General b. BUT Congress may provide guidelines
The President, being the head of state, is and have them enforced through the
regarded as the sole organ and authority in Monetary Board.
external relations and is the country’s sole
representative to foreign nations. As the chief c. Entry into Treaties or International
architect of foreign policy, the President acts as Agreements
the country’s mouthpiece with respect to Treaty: As defined by the Vienna Convention
international affairs. on the Law of Treaties, “an international
instrument concluded between States in
The President is vested with the authority to: written form and governed by international law,
a. Deal with foreign states and governments; whether embodied in a single instrument or in
b. Extend or withhold recognition; two or more related instruments, and whatever
c. Maintain diplomatic relations;
Page 69 of 384
its particular designation” [Bayan v. Zamora, agreement to the main RP-US Military Defense
G.R. No. 138570 (2000)]. Treaty. The VFA is therefore valid for it is a
presence “allowed under” the RP-US Mutual
Note: It is the President who ratifies a treaty Defense Treaty. Since the RP-US Mutual
(not the Senate), the Senate merely concurs Defense Treaty itself has been ratified and
[Bayan v. Zamora, supra]. Thus, the President concurred in by both the Philippine Senate and
cannot be compelled to submit a treaty to the the US Senate, there is no violation of the
Senate for concurrence; he has the sole power Constitutional provision resulting from such
to submit it to the Senate and/or to ratify it presence [Nicolas v. Romulo, G.R. No. 175888
[Bayan Muna v. Romulo, G.R. No. 159618 (2009)].
(2011)].
Executive Agreements
Military Bases Treaty a. Entered into by the President.
b. May be entered into without the
1987 Constitution concurrence of the Senate.
c. Distinguished from treaties —
Section 25, Article XVIII. After the expiration in International agreements involving
1991 of the Agreement between the Philippines and political issues or changes in national
the United States of America concerning Military policy and those involving international
Bases, foreign military bases, troops, or facilities
agreements of permanent character
shall not be allowed in the Philippines except under
a treaty duly concurred in by the Senate and, when usually take the form of treaties. But the
the Congress so requires, ratified by a majority of the international agreements involving
votes cast by the people in a national referendum adjustments in detail carrying out well-
held for that purpose, and recognized as a treaty by established national policies and traditions
the other contracting State. and those involving a more or less
temporary character usually take the form
The President, however, may enter into an of executive agreements [Commissioner
executive agreement on foreign military bases, of Customs v. Eastern Sea Trading, G.R.
troops, or facilities, if: No. L-14279 (1961)].
a. It is not the instrument that allows the
presence of foreign military bases, troops, However, from the point of view of
or facilities; or international law, there is no difference
b. It merely aims to implement an existing between treaties and executive
law or treaty. agreements in their binding effect upon
states concerned as long as the
Section 25 refers solely to the initial entry of the negotiating functionaries have remained
foreign military bases, troops, or facilities. within their powers [USAFFE Veterans
Assn. v. Treasurer, G.R. No. L-10500
To determine whether a military base or facility (1959)]
in the Philippines, which houses or is accessed
by foreign military troops, is foreign or remains Note: An executive agreement that does
a Philippine military base or facility, the legal not require the concurrence of the Senate
standards are: for its ratification may not be used to
a. Independence from foreign control; amend a treaty that, under the
b. Sovereignty and applicable law; and Constitution, is the product of the ratifying
c. National security and territorial integrity acts of the Executive and the Senate
[Saguisag v. Executive Secretary, G.R. [Bayan Muna v. Romulo, supra].
No. 212426 (2016)].
Two (2) Classes of Executive Agreements
Visiting Forces Agreement (VFA) 1. Agreements made purely as executive
The VFA, which is the instrument agreed upon acts affecting external relations and
to provide for the joint RP-US military independent of or without legislative
exercises, is simply an implementing
Page 70 of 384
authorization, which may be termed as Scope of the Power
presidential agreements; and a. The President’s power to deport aliens
2. Agreements entered into in pursuance of and to investigate them subject to
acts of Congress, or congressional- deportation are provided in Chapter 3,
executive agreements. Book III, of the Admin. Code of 1987.
b. There is no legal or constitutional provision
Although the President may, under the defining the power to deport aliens
American constitutional system, enter into because the intention of the law is to grant
executive agreements without previous the Chief Executive the full discretion to
legislative authority, he may not, by determine whether an alien’s residence in
executive agreement, enter into a the country is so undesirable as to affect
transaction which is prohibited by statutes the security, welfare or interest of the
enacted prior thereto. He may not defeat state.
legislative enactments that have acquired c. The Chief Executive is the sole and
the status of law by indirectly repealing the exclusive judge of the existence of facts
same through an executive agreement which would warrant the deportation of
providing for the performance of the very aliens [Go Tek v. Deportation Board, G.R.
act prohibited by said laws [Gonzales v. No. L-23846 (1977)].
Hechanova, G.R. No. L-21897 (1963)].
8. Tariff-Setting Power
Rules on Withdrawal from Treaties
• The President enjoys leeway in Preparing and Submitting the Budget
withdrawing from agreements which he
or she determines to be contrary to the
1987 Constitution
Constitution or statutes.
• The President cannot unilaterally Section 22, Article VII. The President shall submit
withdraw from agreements which were to the Congress within thirty (30) days from the
entered into pursuant to congressional opening of every regular session, as the basis of the
imprimatur. general appropriations bill, a budget of expenditures
and sources of financing, including receipts from
• The President cannot unilaterally existing and proposed revenue measures.
withdraw from international agreements
where the Senate concurred and
expressly declared that any withdrawal The budget is the plan indicating:
must also be made with its concurrence a. Expenditures of the government;
[Pangilinan v. Cayetano, G.R. No. b. Sources of financing; and
238875 (2021)]. c. Receipts from revenue-raising measures.
Deportation of Undesirable Aliens The budget is the upper limit of the

The President may deport only according to appropriations bill to be passed by Congress.
grounds enumerated by law, otherwise it would Through the budget, therefore, the President
be unreasonable and undemocratic [Qua Chee reveals the priorities of the government.
Gan v. Deportation Board, G.R. No. L-10280
(1963)]. Program of Expenditure
Even upon the enactment of the General
Two (2) Ways of Deporting an Undesirable Appropriations Act, the release of funds from
Alien the Treasury is still subject to a Program of
a. By order of the President after due Expenditure, proposed by the Secretary of
investigation [Chapter 3, Book III, Admin. Budget, to be approved by the President, and
Code of 1987]; such approved program of expenditure is to be
b. By the Commissioner of Immigration the basis for the release of funds [TESDA v.
under Section 37 of the Immigration Law COA, G.R. No. 204869 (2014); Section 34,
[Qua Chee Gan v. Deportation Board, Chapter 5, Book VI, Administrative Code].
supra]
Page 71 of 384
Fixing of Tariff Rates [Section 28, Article VI,
1987 Constitution]
IV. JUDICIAL DEPARTMENT
The Congress may, by law, authorize the
President to fix (1) within specified limits, and A. Concept of Judicial Power
(2) subject to such limitations and restrictions
as it may impose: 1987 Constitution
a. Tariff rates;
b. Import and export quotas; Section 1, Article VIII. The judicial power shall be
c. Tonnage and wharfage dues; vested in one Supreme Court and in such lower
courts as may be established by law.
d. Other duties or imposts within the
framework of the national development Judicial power includes the duty of the courts of
program of the government. justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
Rationale for Delegation to determine whether or not there has been a grave
Highly technical nature of international abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
commerce, and the need to constantly and with
instrumentality of the Government.
relative ease adapt the rates to prevailing
commercial standards.
On whom vested: The judicial power shall be
9. Veto Powers vested in:
General Rule
All bills must be approved by the President a. One Supreme Court; and
before they become law. b. In such lower courts as may be
established by law.
Exceptions
a. When the veto of the President is What: Judicial power includes the duty of the
overridden by 2/3 vote of all the Members courts of justice to:
of Congress, the President returns the bill a. Settle actual controversies involving rights
with his veto message to the House where which are legally demandable and
the bill originated, which shall then enter enforceable; and
the objections at large in its Journal and b. To determine whether or not there has
proceed to reconsider it. If, after such been a grave abuse of discretion
reconsideration, two-thirds of all the amounting to lack or excess of jurisdiction.
Members of such House shall agree to
pass the bill, it shall be sent, together with The Supreme Court is entrusted exclusively
the objections, to the other House by with the judicial power to adjudicate with finality
which it shall likewise be reconsidered, all justiciable disputes, public and private. No
and if approved by two-thirds of all the other department or agency may pass upon its
Members of that House, it shall become a judgments or declare them unjust [In Re
law; Laureta and Maravilla, G.R. No. L-68635
b. The bill lapsed into law because of the (1987)].
President’s failure to act on the bill within
thirty (30) days [Section 27, Article VI, Absent a showing of a violation of the
1987 Constitution]; and Constitution or grave abuse of discretion, the
c. The bill passed is the special law to elect Court cannot use its judicial power to inquire
the President and Vice-President. into allegations that, in enacting a law, a House
of Congress failed to comply with its own rules
Limitations to the Veto Power: [Arroyo v. De Venecia, G.R. No. 127255
The President may only veto bills as a whole. (1997)].
(See Legislative Power of Congress)
Page 72 of 384
B. Judicial Review Where the legislature or executive branch acts
beyond the scope of its constitutional power, it
The Court’s exercise of its traditional becomes the duty of the judiciary to declare
jurisdiction is rooted in its power of judicial what the other branches of the government had
review which gives the Court the authority to assumed to do so as void [Demetria v. Alba,
strike down acts of the legislative and/or G.R. No. 71977 (1987)].
executive, constitutional bodies or
administrative agencies contrary to the 1. Requisites
Constitution. The power of judicial review is
part and parcel of the Court’s judicial power Requisites of Judicial Review
and is a power inherent in all courts [Villanueva
v. Judicial and Bar Council, G.R. No. 211833 1. There must be an actual case or
(2015)]. controversy;
2. There is locus standi, i.e., person
Judicial Power vs. Judicial Review [Miranda challenging the act must have “standing”
v. Aguirre, G.R. No. 133064 (1999)] to challenge;
3. Constitutional question must be raised at
the earliest possible opportunity; and
Judicial Power Judicial Review 4. Constitutionality must be the very lis mota
of the case.
Where vested
Supreme Court & lower courts Generally, a party will be allowed to litigate only
when these conditions sine qua non are
Definition present, especially when the constitutionality of
an act by a co-equal branch of government is
(a) Duty to settle Power to determine put in issue [Chavez v. Judicial and Bar
actual controversies the constitutionality Council, G.R. No. 202242 (2012)].
involving rights which of acts of any branch
are legally or instrumentality of a. Actual case or controversy
demandable and the government An actual case or controversy exists when a
enforceable, and case involves a clash of legal rights or an
assertion of opposite legal claims that the
(b) Duty to determine courts can resolve through applying law and
whether or not there jurisprudence. An actual case is ripe for
has been grave adjudication when the act being challenged
abuse of discretion has a direct adverse effect on the individual
amounting to lack or challenging it [De Castro v. Judicial and Bar
excess of jurisdiction Council, G.R. No. 191002 (2010)].
on the part of any
branch or For a case to be considered ripe for
instrumentality of the adjudication, the following prerequisites must
government [Article concur:
VIII, Section 1 (2), 1. An act had been accomplished or
Constitution]. performed by either government branch
before a court may interfere; and
Requisites for exercise 2. Petitioner must allege that an immediate
or threatened injury to himself exists as a
Jurisdiction, or the (1) Actual case or
result of the challenged action [Phil.
power to decide and controversy;
Constitution Association v. Phil.
hear a case and (2) locus standi;
Government, G.R. No. 218406 (2016)].
execute a decision (3) earliest
thereof opportunity; and
(4) lis mota
Page 73 of 384
b. Locus standi 2. Citizen standing
Legal standing or locus standi refers to a A plaintiff in a citizen standing is a mere
party’s personal and substantial interest in a instrument of the public concern. Plaintiff
case, arising from the direct injury it has invokes at least the right, if not the duty, of
sustained or will sustain as a result of the every citizen to interfere and see that a public
challenged government action. The term offense be properly pursued and punished, and
“interest” means material interest, an interest in that a public grievance be remedied [David v.
an issue affected by governmental action, as Macapagal-Arroyo, G.R. No. 171396 (2006)].
distinguished from mere interest in the
question involved, or a mere incidental interest 3. Environmental standing
[CREBA v. Energy Regulatory Commission, Any Filipino citizen in representation of others,
G.R. No. 174697 (2010)]. including minors or generations yet unborn,
may file an action to enforce rights or
The interest of the party plaintiff must be obligations under environmental laws [Sec. 5,
personal and not one based on a desire to Rules of Procedure for Environmental Cases
vindicate the constitutional right of some third (2010)].
and unrelated party [Joya v. PCGG, G.R. No.
96541 (1993)]. Citizens are allowed to bring a suit to enforce
environmental laws on the principle that
Direct injury test - The person who impugns humans are stewards of nature and as part of
the validity of a statute must have a personal their right to a balanced and healthful ecology
and substantial interest in the case such that [Resident Marine Mammals v. Sec. Reyes,
he has sustained, or will sustain direct injury as G.R. No. 180771 (2015)].
a result [People v. Vera, G.R. No. L-45685
(1937)]. 4. Governmental standing
The People of the Philippines, represented by
This may be brushed aside by the court as a the Solicitor General and the Fiscal, is the
mere procedural technicality in view of public proper party to question the statute because it
interest or transcendental importance of the is always interested in the integrity of its
issues involved [Kilosbayan v. Guingona, G.R. Constitution or the statutes involved and can
No. 113375 (1994)]. set aside a law that violated the Constitution
[People v. Vera, supra].
Special Forms of locus standi / Exceptions
to Direct Injury Test 5. Legislative standing
N.B. In these cases, a party has standing even There must be a claim from the legislators that
if it may not necessarily suffer direct injury. the official action complained of infringes upon
their legislative prerogatives [David v.
1. Associational or third-party standing Macapagal-Arroyo, supra].
The association may assert the concerns of its
constituents as long as the interest sought to 6. Taxpayer’s standing
be protected is germane to the association’s In a taxpayer’s suit, the plaintiff is affected by
purpose [Kilusang Mayo Uno Labor Center v. the expenditure of public funds. There must be
Garcia, G.R. No. 115381 (1994)]. a claim of illegal disbursement of public funds
or that the tax measure is unconstitutional
Due to the nature of one party’s relation to [David v. Macapagal-Arroyo, supra].
another party, the former is allowed standing to
invoke fundamental due process or equal 7. Voter’s standing
protection claims of the latter injured by state There must be a showing of obvious interest in
action [GMA Network Inc. v. Commission on the validity of the election law in question
Elections, G.R. No. 205357 (2014)]. [David v. Macapagal-Arroyo, supra]
Page 74 of 384
Standing Requisites c. Earliest Possible Opportunity

General Rule: An act or law’s constitutionality
Issues must be of cannot be raised for the first time at the
transcendental appellate level, unless that court has original
importance which jurisdiction over the case. The earliest
Citizen must be settled early opportunity to raise a constitutional issue is
[David v. during the pleadings before a competent court
Macapagal-Arroyo, that can resolve the same [Sta. Rosa Realty
supra] Development Corp. v. Amante, G.R. No.
112526 (2005)].
1. Any Filipino
citizen; Exceptions:
2. In representation 1. In criminal cases, at the court’s discretion;
of others, 2. In civil cases, if necessary to determine
including minors the case itself; and
or unborn 3. When issue of the court’s jurisdiction is
Environmental involved.
generations
[Resident Marine
Mammals v. Note: The reckoning point is the first competent
Sec. Reyes, court. The question must be raised at the first
supra] court empowered with judicial review. Thus,
failure to raise the constitutional question
before the NLRC is not fatal to the case
Affects legislative [Serrano v. Gallant Maritime Services, G.R.
Legislator
prerogatives No. 167614 (2009)].
Issue must be of d. Lis Mota

misappropriation or Lis mota pertains to the determinative issue of
illegal disbursement the case, the resolution of which cannot be
Taxpayer [David v. done without deciding whether an act or law is
Macapagal-Arroyo, unconstitutional.
supra]
2. Political Questions Doctrine
Litigants must show:
A “political question” connotes a question of
1. Injury-in-fact;
policy and refers to: (a) matters to be exercised
2. Close relation to
by the people in their primary political capacity;
third-party; and
or (b) those specifically delegated to some
3. Third-party’s
other department or particular office of the
Third-party or inability or
government with discretionary power to act.
associational hindrance to
protect its own
It is concerned with issues dependent upon the
interest.
wisdom, not legality, of a particular measure
[White Light Corp. v.
[Tañada v. Cuenco, G.R. No. L-10520 (1957)].
City of Manila,
supra]
A “judicial question” or purely justiciable issue
implies a given right, legally demandable and
Voter Obvious interest in
the validity of enforceable, an act or omission violative of
election law in such right, and a remedy granted and
question [David v. sanctioned by law, for said breach of right
Macapagal-Arroyo, [Casibang v. Aquino, G.R. No. L-38025
supra] (1979)].
Examples:
Page 75 of 384
[Ocampo v. Enriquez, G.R. No. 225973
Political Question Justiciable
(2016)].
Question
The legislature’s Election of Senate Guidelines to determine whether a question

exercise of President without is political or not:
disciplinary power the required quorum 1. There is a textually demonstrable
over its members is is a justiciable constitutional commitment of the issue to
not to be interfered question [Avelino v. a political department;
with by the Court Cuenco, G.R. No. L- 2. Lack of judicially discoverable and
[Alejandrino v. 2821 (1949)]. manageable standards for resolving it;
Quezon, G.R. No. 3. The impossibility of deciding without an
22041 (1924)]. initial policy determination of a kind clearly
or non-judicial discretion;
The legislature has The selection of the 4. Impossibility of a court’s undertaking
the inherent right to Senate Electoral independent resolution without expressing
determine who shall Tribunal members is lack of the respect due coordinate
be admitted to its subject to branches of government;
membership [Vera v. constitutional 5. An unusual need for unquestioning
Avelino, G.R. No. L- limitations [Tañada adherence to a political decision already
543 (1946)] v. Cuenco, supra]. made;
6. Potential embarrassment from
Mandamus and The Commission on multifarious pronouncements by various
injunction cannot lie Appointments is a departments on one question [Estrada v.
to enforce or restrain constitutional Desierto, G.R. Nos. 146710-15 (2001),
a duty which is creation and does citing Baker v. Carr, 369 US 186 (1962)].
discretionary, e.g., not derive its power
calling a special from Congress 3. Moot Questions
local election [Cunanan v. Tan,
[Severino v. G.R. No. L-19721 General Rule: A case becomes moot and
Governor General, (1962)]. academic when there is no more actual
G.R. No. L-6520 controversy between the parties or no useful
(1910)]. purpose can be served in passing upon the
merits [Quino v. COMELEC, G.R. No. 197466
The President’s Suspending the (2012)]
appointing power is privilege of the writ of
not to be interfered habeas corpus is not Exceptions: The Court may decide cases
with by the Court a political question otherwise moot and academic when:
[Manalang v. [Lansang v. 1. There is a grave constitutional violation;
Quitoriano, G.R. No. Garcia, G.R. No. L- 2. The situation is of exceptional character
L-6898 (1954)]. 33964 (1971)]. and paramount public interest is involved;
3. Constitutional issue requires a formulation
of controlling principles to guide the bench,
Note: In 2016, the SC ruled that President the bar, and the public; and
Duterte's decision to have the remains of 4. The case is capable of repetition yet
Marcos interred at the Libingan Ng Mga Bayani evading review [Islamic Da’wah v
(LNMB) was not a justiciable controversy but a Executive Secretary, G.R. No. 216870
political question. The issue was a question of (2020)].
policy which the President decided upon based
on his wisdom that it shall promote national 4. Operative Fact Doctrine
healing and forgiveness. There being no taint
of grave abuse in the exercise of such General Rule: The interpretation or
discretion, his decision on that political declaration of unconstitutionality is retroactive
question is outside the ambit of judicial review in that it applies from the law’s effectivity.
Page 76 of 384
Exception: Subsequent declaration of 2. Safeguards of Judicial
unconstitutionality does not nullify the acts Independence
exercised in line with the law. The past cannot
always be erased by a new judicial declaration Provision Safeguards
[Municipality of Malabang v. Benito, supra]
The SC cannot be abolished
The operative fact doctrine recognizes the Article VIII, nor may its membership or
existence and validity of a legal provision prior Section 4 the manner of its meetings be
to its being declared as unconstitutional and changed by mere legislation.
hence, legitimizes otherwise invalid acts done
The members of the judiciary
pursuant thereto because of considerations of
are not subject to
practicality and fairness. In this regard, certain Article XI,
confirmation by the
acts done pursuant to a legal provision which Section 2
Commission on
was just recently declared as unconstitutional
Appointments.
by the Court cannot be anymore undone
because not only would it be highly impractical The members of the SC may
to do so, but more so, unfair to those who have not be removed from office
relied on the said legal provision prior to the except by impeachment.
time it was struck down [Film Development
Council of the Phils. V. Colon Heritage Realty The SC may not be deprived
Corp., G.R. 203754 (2020)]. of its minimum original and
Article VIII,
appellate jurisdiction as
The doctrine is applicable when a declaration Section 2
prescribed in Article X,
of unconstitutionality will impose an undue Section 5 of the Constitution.
burden on those who have relied on the invalid
law, but it can never be invoked to validate an The appellate jurisdiction of
unconstitutional act as constitutional Article VI, the SC may not be increased
[Municipality of Malabang v. Benito, G.R. No. Section 30 by law without its advice and
L-28113 (1969)]. concurrence.
Applicability: The doctrine "applies only to The SC has administrative

Article VIII,
cases where extraordinary circumstances supervision over all lower
Section 6
exist, and only when the extraordinary courts and their personnel.
circumstances have met the stringent
conditions that will permit its application." The SC has exclusive power
Article VIII,
[Mandanas v. Ochoa, Jr., citing Araullo v. to discipline judges of lower
Section 11
Aquino III, G.R. Nos. 199802 and 208488)] courts.
The members of the SC and

C. Judicial Independence and all lower courts have security
Fiscal Autonomy Article VIII,
of tenure, which cannot be
Section 2
undermined by a law
1. Concepts reorganizing the judiciary.
The 2 distinct concepts of judicial
independence are: They shall not be designated
1. Decisional independence - refers to a to any agency performing
Article VII,
judge’s ability to render decisions solely quasi-judicial or
Section 12
based on facts and applicable law, free administrative functions.
from political or popular influence.
2. Institutional independence - refers to the
collective independence of the judiciary or The salaries of judges may
freedom from outside control, e.g., fiscal Article VIII, not be reduced during their
autonomy. Section 10 continuance in office.
Page 77 of 384
Constitutional Requirements
Provision Safeguards
The SC has administrative Supreme Court

Article VI, 1. Natural born citizens;
supervision over all lower
Section 3 2. At least 40 years of age;
courts and their personnel.
3. Engaged in the practice of law or a judge
of 15 years or more; and
D. Appointments to the Judiciary 4. Must be of proven competence, integrity,
probity and independence.
1. Qualifications of members
Lower Collegiate Courts
1. Natural born citizen;
SC and RTC Judge MTC/MCTC
2. Member of the Philippine Bar;
Collegiate (B.P. 129, Judge (B.P.
3. Must be of proven competence, integrity,
Court Section 15) 129, Section
probity and independence; and
Justices 26)
4. Such additional requirements provided by
Citizenship law.
Natural-born citizen Lower Courts

1. Filipino citizens (Rules of the Judicial and
At least 40 At least 35 At least 30 Bar Council, Nov. 2000, Rule 2; B.P.129)
years of age years of age years of age 2. Member of the Philippine Bar;
3. Must be of proven competence, integrity,
Experience probity and independence; and
4. Such additional requirements provided by
15 years or At least 5 years in the practice
law.
more as a of law OR has held public
judge of a office in the PH requiring
lower court admission to the practice of Note: In the case of judges of the lower courts,
OR has been law as an indispensable the Congress may prescribe other
engaged in requisite qualifications [Section 7(2), Article VIII, 1987
the practice Constitution].
of law in the
PH for the Disqualification from Other Position or
same period Offices
The Members of the Supreme Court and of
Tenure other courts established by law shall not be
designated to any agency performing quasi-
Hold office in good behavior until the age of 70 judicial or administrative functions [Section 12,
OR become incapacitated to discharge their Article VIII, 1987 Constitution].
duties
The SC and its members should not and
Character
cannot be required to exercise any power or to
Person of proven competence, integrity, perform any trust or to assume any duty not
probity, and independence pertaining to or connected with the
administering of judicial functions, e.g., serving
The “practice of law” is not confined to litigation. as administrators in an out-of-court arbitration
It means any activity in and out of the court, [Meralco v. Pasay Transportation Co., G.R. No.
which requires the application of law, legal L-37838 (1932)].
procedure, knowledge, training, and
experience [Cayetano v. Monsod, G.R. No. A judge in the CFI shall not be detailed with the
100113 (1991)]. Department of Justice to perform
administrative functions as this contravenes
Page 78 of 384
the doctrine of separation of powers [Garcia v. There is no dichotomy between Senate and
Macaraig, A.M. No. 198-J (1971)]. HOR when Congress interacts with other
branches. But the SC is not in a position to say
2. Judicial and Bar Council who should sit (and should be left to the
agreement of the houses). The lone
a. Composition representative from Congress is entitled to one
1. Ex-officio members [Section 8(1), full vote [Chavez v. JBC, G.R. No. 202242
Article VIII, 1987 Constitution] (2012)].
a. Chief Justice as ex-officio Chairman
b. Secretary of Justice Regular Members [Section 8(2), Article VIII,
c. One representative of Congress 1987 Constitution]
2. Regular members [Section 8(2), Article The regular members shall be appointed by the
VIII, 1987 Constitution] President with the consent of the Commission
a. Representative of the Integrated Bar on Appointments. The term of the regular
b. Professor of law members is 4 years (with reappointment).
c. Retired member of the SC
d. Representative of private sector b. Powers
3. Secretary ex-officio [Section 8 (3),
Article VIII, 1987 Constitution] 1. Primary function
Recommend appointees to the judiciary; may
Clerk of Court of the Supreme Court, who exercise such other functions and duties as the
shall keep a record of its proceedings; not SC may assign to it [Section 8(5), Article VIII,
a member of the JBC. 1987 Constitution].
In the absence of the Chief Justice because of Note: Judges may not be appointed in any
his impeachment, the most Senior Justice of acting or temporary capacity as this would
the Supreme Court, who is not an applicant for undermine the independence of the judiciary.
Chief Justice, should participate in the
deliberations for the selection of nominees for 2. Supervisory authority of SC over JBC
the said vacant post and preside over the Section 8, Article VIII of the Constitution
proceedings, pursuant to Section 12 of provides “A Judicial and Bar Council is hereby
Republic Act No. 296, or the Judiciary Act of created under the supervision of the Supreme
1948 [Dulay v. Judicial and Bar Council, G.R. Court.” The supervisory authority of the Court
No. 202143 (2012)] over the JBC covers the overseeing of
compliance with its rule [Jardeleza v. Judicial
4. Appointment, tenure, and salary and Bar Council, G.R. No. 213181 (2014)].
Ex-officio members Supervisory power, when contrasted with

The position in the Council is good only while control, is the power of mere oversight over an
the person is the occupant of the office. inferior body; it does not include any restraining
authority over such body [Aguinaldo v. Aquino,
Only ONE representative from Congress: G.R. No. 224302 (2016)].
Former practices of giving ½ vote or (more
recently) 1 full vote each for the Chairmen of 3. Appointment procedure
the House and Senate Committees on Justice The JBC shall submit a list of at least three (3)
is invalid. Any member of Congress, whether nominees for every covered vacancy to the
from the upper or lower house, is President [Section 9, Article VIII, 1987
constitutionally empowered to represent the Constitution].
entire Congress.
Afterwards, any vacancy in the Supreme Court
The framers intended the JBC to be composed shall be filed within ninety (90) days from the
of 7 members only. Intent is for each co-equal occurrence thereof [Section 4(1), Article VIII,
branch of gov’t to have one representative. 1987 Constitution].
Page 79 of 384
For lower courts, the President shall issue the suspension of the privilege of the writ
appointment within ninety (90) days from the [Section 18, Article VII, 1987 Constitution].
submission by the JBC of such list [Section 9, 6. When sitting as Presidential Electoral
Article VIII, 1987 Constitution]. Tribunal [Section 4, par. 7, Article VII,
1987 Constitution].
The prohibition against midnight appointments 7. All other cases which under the Rules of
does not apply to the judiciary [De Castro v. Court are required to be heard by the SC
JBC, G.R. No. 191002 (2010)]. en banc [Section 4 (2), Article VIII, 1987
Constitution].
E. The Supreme Court
All other cases are heard in divisions.
(Composition, Powers, and
Functions) Note: In the case of Cruz v. Sec’y of
Environment and Natural Resources (G.R. No.
1. Composition 135385, December 6, 2000), the Court
● Chief Justice and 14 Associate Justices deliberated on the petition and the votes
● May sit en banc or in divisions of three, gathered were equally divided with no majority
five, or seven Members (currently sits in vote obtained. Seven (7) Members voted to
three (3) divisions, each with five (5) dismiss the petition, while seven (7) other
Members) members voted to grant the petition. After
redeliberation, the voting remained the same.
a. En banc instances Thus, the petition pursuant to Rule 56, Sec. 7
Decided with the concurrence of a majority of of the Rules of Civil Procedure, was dismissed.
the Members who actually took part in the
deliberations and voted. b. Requirements and procedures in
divisions
1. Those involving the constitutionality, 1. Cases decided with the concurrence of a
application, or operation of: majority of the Members who actually took
a. Treaty part in the deliberations and voted.
b. Orders 2. In no case without the concurrence of at
c. International or executive agreement least three (3) of such Members.
d. Law 3. When the required number is not obtained,
e. Presidential decrees the case shall be decided en banc on:
f. Instructions a. Cases for decision when required votes
g. Proclamations are not obtained;
h. Ordinances b. Cases of first instance, or matters after
i. Other regulations the first instance such as post-decision
motions.
2. In disciplinary cases for judges, when the c. An undecided case due to a tie creating
penalty is dismissal, disbarment, a failure to resolve a motion [Fortich v.
suspension for more than 1 year, or fine of Corona, G.R. No. 131457 (1999)].
more than P10,000
3. Cases or matters heard by a Division The SC en banc is not an appellate court vis-à-
where the required number of votes to vis its Divisions. The only constraint is that any
decide or resolve is not met [Section 4(3), doctrine or principle of law laid down by the
Article VIII, 1987 Constitution]. Court, either rendered en banc or in division,
4. Modifying or reversing a doctrine or may be overturned or reversed only by the
principle of law laid down by the court in a Court sitting en banc [PUP v. Firestone
decision rendered en banc or in division Ceramics, G.R. No. 143513 (2001)].
[Section 4(3), Article VIII, 1987
Constitution]. There is but one Supreme Court of the
5. Actions instituted by citizens to test the Philippine Islands. The Supreme Court
validity of a proclamation of Martial law or remains a unit notwithstanding it works in
Page 80 of 384
divisions. Although it may have two divisions, it 4. Appoint all officials and employees of the
is but a single court. Actions considered in any Judiciary in accordance with the Civil
one of these divisions and decisions rendered Service Law;
therein are, in effect, by the same Tribunal. The 5. Supervise over all courts and the
two divisions of this court are not to be personnel thereof;
considered as two separate and distinct courts 6. Discipline judges of lower courts, or order
but as divisions of one and the same court their dismissal.
[U.S. v. Limsiongco, G. R. No. 16217 (1920)].
Note: The qualifications of judges of lower
2. Powers and Functions courts as stated by the Constitution are
minimum requirements. The JBC may
a. Procedural rule-making determine or add more qualifications when
The Supreme Court shall have the following such policies are necessary and incidental to
powers: […] (5) Promulgate rules concerning the function conferred in the Constitution
the protection and enforcement of [Villanueva v. JBC, G.R. No. 211833 (2015)].
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the d. Period for deciding cases
practice of law, the integrated bar, and legal [Section 5(1), Article VIII, 1987 Constitution]
assistance to the under-privileged [Section 5
Supreme Lower Other Lower
(5), Article VIII, 1987 Constitution]. Court Collegiate Courts
Courts
The 1987 Constitution took away the power of
Congress to repeal, alter, or supplement rules 24 months 12 months, 3 months,
concerning pleading, practice and procedure. unless unless
The power to promulgate rules of pleading, reduced by reduced by
practice and procedure is no longer shared by the SC the SC
the Court with Congress, more so with the
Executive [Echegaray v. Secretary of Justice,
G.R. No. 132601 (1999)]. Notes:
a. Period counted from date case is
Because of Article VIII, Section 5, Congress “submitted for decision”
may no longer grant legislative exemptions b. Case deemed submitted upon filing of the
from payment of court fees [Baguio Market last pleading, brief or memorandum
Vendors Multi-Purpose Cooperative v. Cortes, required by the Rules or the court [Section
G.R. No. 165922 (2010)]. 15(2), Article VIII, 1987 Constitution].
b. Limitations Upon expiration of the period, the Chief Justice

a. Shall provide a simplified and inexpensive or presiding judge shall issue a certification
procedure for speedy disposition of cases stating why the decision or resolution has not
b. Uniform for all courts in the same grade been rendered within the period [Section 15(3),
c. Shall not diminish, increase or modify Article VIII, 1987 Constitution].
substantive rights
This provision is merely directory and failure to
c. Administrative supervision over decide on time would not deprive the
lower courts corresponding courts of jurisdiction or render
their decisions invalid [De Roma v. CA, G.R.
1. Assign temporarily judges of lower courts No. L-46903 (1987)].
to other stations as public interest may
require; The failure to decide cases within the 90-day
2. Shall not exceed 6 months without the period required by law constitutes a ground for
consent of the judge concerned; administrative liability against the defaulting
3. Order a change of venue or place of trial judge. But it does not make the judgment a
to avoid a miscarriage of justice; nullity. The judgment is valid [People v.
Mendoza, G.R. No. 143702 (2001)].
Page 81 of 384
Even when there is delay and no decision or of a law or regulation at the first instance
resolution is made within the prescribed period, is of paramount importance and
there is no automatic affirmance of the immediately affects the social, economic
appealed decision [Sesbreño v. CA, G.R. No. and moral well-being of the people
161390 (2008)]. [Moldex Realty v. HLURB, G.R. No.
149719 (2007)];
The Sandiganbayan, while of the same level as b. Cases involving the legality of any tax,
the Court of Appeals, functions as a trial court. impost, assessment, or toll, or any penalty
Therefore, the period for deciding cases which imposed in relation thereto;
applies to the Sandiganbayan is the three (3) c. Cases in which the jurisdiction of any
month period, not the twelve (12) month period lower court is in issue;
[In Re Problems of Delays in Cases before the d. Criminal cases where the penalty imposed
Sandiganbayan, A. M. No. 00-8-05- SC is reclusion perpetua or higher;
(2001)]. e. Cases where only a question of law is
involved.
e. Original and appellate jurisdiction
Jurisdiction is the authority to hear and Note: A party who has not appealed from a
determine a case [U.S. v. Limsiongco, supra]. decision may not obtain any affirmative relief
from the appellate court other than what he had
f. Original jurisdiction [Section 5(1), obtained from the lower court, if any, whose
Article VIII, 1987 Constitution] decision is brought up on appeal [Daabay v.
a. Cases affecting ambassadors, other Coca-Cola Bottlers, G.R. No. 199890 (2013)]
public ministers and consuls
b. Petition for certiorari h. Doctrine of judicial stability or
c. Petition for prohibition noninterference
d. Petition for mandamus No court can interfere by injunction with the
e. Petition for quo warranto judgments or orders of another court of
f. Petition for habeas corpus concurrent jurisdiction having the power to
grant the relief sought by injunction. The
Note: Original jurisdiction also extends to writs rationale for the rule is founded on the concept
of amparo, habeas data, and the of jurisdiction: a court that acquires jurisdiction
environmental writ of kalikasan. over case and renders judgment therein has
jurisdiction over its judgment, to the exclusion
The Supreme Court’s original jurisdiction to of all other coordinate courts, for its execution
issue writs of certiorari (as well as prohibition, and over all its incidents, and to control, in
mandamus, quo warranto, habeas corpus and furtherance of justice, the conduct of ministerial
injunction) is not exclusive. Its jurisdiction is officers acting in connection with this judgment
concurrent with the CA, and with the RTC in [United Alloy Philippines v. UCPB, G.R. No.
proper cases [Cruz v. Judge Gingoyon, G.R. 179257 (2015)].
No. 170404 (2011)].
g. Appellate jurisdiction [Section 5(2), i. Finality of judgments
Article VIII, 1987 Constitution] A decision that has acquired finality becomes
On appeal or certiorari (as the Rules of Court immutable and unalterable and may no longer
provide), the SC may review, revise, reverse, be modified in any respect even if the
modify, or affirm final judgments and orders of modification is meant to correct erroneous
lower courts in: conclusions of fact or law and whether it was
a. Cases involving the constitutionality or made by the court that rendered it or by the
validity of any treaty, international or highest court of the land [Genato v. Viola, G.R.
executive agreement, law, presidential No. 169706 (2010)].
decree, proclamation, order, instruction,
ordinance, or regulation, except in
circumstances where the Court believes
that resolving the issue of constitutionality
Page 82 of 384
j. Requirements for decisions and 3. Independent constitutional bodies.
resolutions 4. The Chairmen and members may not be
The conclusions of the Supreme Court in any removed except by impeachment.
case submitted to it for decision en banc or in 5. Fixed term of office of 7 years.
division shall be reached in consultation before 6. Rotational scheme [See Funa v. Villar,
the case is assigned to a Member for the G.R. No. 192791 (2012)]; staggered terms
writing of the opinion of the Court. A of 7 years with uniform reckoning date
certification to this effect signed by the Chief (i.e., February 2) is designed to ensure
Justice shall be issued and copy thereof that at no point is the entire membership
attached to the record of the case and served of a commission appointed by a single
upon the parties. Any Members who took no president. Hence, promotional
part, or dissented, or abstained from a decision appointments are allowed only insofar as
or resolution, must state the reason therefor. they do not disturb the rotation cycle.
The same requirements shall be observed by 7. The Chairmen and members may not be
all lower collegiate courts [Section 13, Article appointed in an acting capacity [Matibag v.
VIII, 1987 Constitution]. Benipayo, G.R. No. 149036 (2002)].
8. The salaries of the Chairmen and
No decision shall be rendered by any court members may not be decreased during
without expressing therein clearly and distinctly their tenure.
the facts and the law on which it is based. 9. The Commissions enjoy fiscal autonomy.
10. Each Commission may promulgate its
No petition for review or motion for own procedural rules, provided they do not
reconsideration of a decision of the court shall diminish, increase or modify substantive
be refused due course or denied without rights (though subject to disapproval by
stating the legal basis therefore [Section 14, the Supreme Court).
Article VIII, 1987 Constitution]. 11. The Commission may appoint their
own officials and employees in
A "Resolution" is not a "Decision" within the accordance with Civil Service Law
meaning of Section 14 of Article VIII. This
mandate applies only in cases "submitted for B. Common Provisions
decision," i.e., given due course and after the
filing of Briefs or Memoranda and/or other Three (3) Constitutional Commissions:
pleadings, as the case may be. It does not 1. The Commission on Elections,
apply to an Order or Resolution refusing due 2. Commission on Audit, and
course to a Petition for certiorari [Nunal v. 3. Civil Service Commission
Commission on Audit, G.R. No. 78648 (1989)].
Constitutionally-Created Administrative
Agencies: The grant of a constitutional
V. CONSTITUTIONAL commission’s rulemaking power is
COMMISSIONS (COMELEC, untouchable by Congress, absent a
constitutional amendment or revision.
COA, CSC) [However,] the laws that the Commission
interprets and enforces fall within the
A. Constitutional Safeguards to prerogative of Congress. As an administrative
agency, its quasi-legislative power is subject to
Ensure Independence of the same limitations applicable to other
Commissions administrative bodies [Trade and Investment
Development Corporation of the Philippines v.
1. They are constitutionally created, hence Civil Service Commission, G.R. No. 182249
may not be abolished by statute. (2013)].
2. Each commission is vested with powers
and functions which cannot be reduced by
statute.
Page 83 of 384
1987 Constitution first set of commissioners, shall always be for

a fixed term of seven (7) years; an appointment
Section 1(2), Article IX-D. The Chairman and the for a lesser period is void and unconstitutional.
Commissioners shall be appointed by the President The appointing authority cannot validly shorten
with the consent of the Commission on the full term of seven (7) years in case of the
Appointments for a term of seven years without
expiration of the term as this will result in the
reappointment. Of those first appointed, the
Chairman shall hold office for seven years, one distortion of the rotational system prescribed by
Commissioner for five years, and the other the Constitution,
Commissioner for three years, without
reappointment. Appointment to any vacancy shall be Appointments to vacancies resulting from
only for the unexpired portion of the term of the certain causes (death, resignation, disability or
predecessor. In no case shall any Member be
impeachment) shall only be for the unexpired
appointed or designated in a temporary or acting
capacity. portion of the term of the predecessor; such
appointments cannot be less than the
unexpired portion [as it will disrupt the
1. Promotional Appointment of staggering].
Commissioner to Chairman [Funa v.
Villar, supra] Members of the Commission who were
Section 1(2), Article IX-D of the Constitution appointed for a full term of seven years and
does not prohibit a promotional appointment who served the entire period, are barred from
from commissioner to chairman as long as: reappointment to any position in the
a. The commissioner has not served the full Commission. The first appointees in the
term of 7 years; and Commission under the Constitution are also
b. The appointment to any vacancy shall be covered by the prohibition against
only for the unexpired portion of the term reappointment.
of the predecessor [Section 1(2), Article
IX-D, 1987 Constitution]. A commissioner who resigns after serving in
c. The promotional appointment must the Commission for less than seven years is
conform to the rotational plan or the eligible for an appointment as Chairman for the
staggering of terms in the commission unexpired portion of the term of the departing
membership chairman. Such appointment is not covered by
the ban on reappointment, provided that the
Examples of promotional appointments: aggregate period of the length of service will
• If the commissioner has already served not exceed seven (7) years and provided
5 years, she cannot be promoted to a further that the vacancy in the position of
fresh chairmanship of 7 years. Chairman resulted from death, resignation,
• If the commissioner has already served disability or removal by impeachment. This is
5 years, she cannot be promoted to not a reappointment, but effectively a new
chair if the unexpired portion of the appointment.
latter is anything more than 2 years.
• If the commissioner has already served Any member of the Commission cannot be
2 years and there is a vacancy in the appointed or designated in a temporary or
chair for 4 years, she can be promoted acting capacity.
to the chairmanship. The 1 year (in
what would have been a 7-year tenure 3. Term of Office of Commission
in the commission) is forfeited. Members
2. Jurisprudence on Section 1(2), The terms of the first Chairmen and

Article IX-D [Funa v. Villar, supra] Commissioners of the Constitutional
Commissions under the 1987 Constitution
The appointment of members of any of the must start on a common date, irrespective of
three constitutional commissions, after the the variations in the dates of appointments and
expiration of the uneven terms of office of the qualifications of the appointees, in order that
Page 84 of 384
the expiration of the first terms of seven, five and may not be compelled by
and three years should lead to the regular mandamus [Torregoza v. Civil
recurrence of the two-year interval between the Service Commission, G.R. No.
expiration of the terms. This common 101526 (1992)].
appropriate starting point must be on February
02, 1987, the date of the adoption of the 1987 2. Under the Administrative Code of 1987, the
Constitution [Gaminde v. Commission on Civil Service Commission has the power to
Audit, G. R. No. 140335 (2000)]. hear and decide administrative cases
instituted before it directly or on appeal,
Term – The time during which the officer may including contested appointments.
claim to hold office as of right, and fixes the
interval after which the several incumbents 3. The Commission has original jurisdiction to
shall succeed one another. hear and decide a complaint for cheating in
the Civil Service examinations committed by
Tenure – The time during which the incumbent government employees [Cruz v. CSC, G.R.
actually holds and exercises the office The No. 144464 (2001)].
term of office is not affected by the hold-over.
The tenure may be shorter than the term for 4. It is the intent of the Civil Service Law, in
reasons within or beyond the power of the requiring the establishment of a grievance
incumbent. procedure, that decisions of lower level
officials (in cases involving personnel
C. Powers, Functions, and actions) be appealed to the agency head,
then to the Civil Service Commission
Jurisdiction [Olanda v. Bugayong, G.R. No. 140917
(2003)].
1. Civil Service Commission
As the central personnel agency of the
government, the CSC has broad authority to
1987 Constitution
pass upon all civil service matters. The
Section 3, Article IX-B. The Civil Service mandate of the CSC should therefore be read
Commission, as the central personnel agency of the as the comprehensive authority to perform all
Government, shall establish a career service and functions necessary to ensure the efficient
adopt measures to promote morale, efficiency, administration of the entire civil service,
integrity, responsiveness, progressiveness, and
including the Central Executive Service (CES).
courtesy in the civil service. It shall strengthen the
merit and rewards system, integrate all human Further, the specific powers of the CESB must
resources development programs for all levels and be narrowly interpreted as exceptions to the
ranks, and institutionalize a management climate comprehensive authority granted to the CSC
conducive to public accountability. It shall submit to by the Constitution and relevant statutes
the President and the Congress an annual report on [Career Executive Service Board v. Civil
its personnel programs.
Service Commission, G.R. No. 197762 (2017)].
a. Functions b. Scope of Civil Service

1. Implement various laws governing Embraces all branches, subdivisions,
appointments to, removals from, instrumentalities and agencies of the
discipline, and benefits within the civil Government, including GOCCs with original
service. charters [Section 2(1), Article IX-B, 1987
a. In the exercise of its powers to Constitution].
implement R.A. No. 6850 (granting
civil service eligibility to employees The Civil Service does not include government-
under provisional or temporary owned or -controlled corporations which are
status who have rendered seven organized under the general corporation law
years of efficient service), the CSC (e.g., created as private corporations but
enjoys a wide latitude of discretion, majority-owned by the government) [See
Page 85 of 384
National Service Corp. v. NLRC, G.R. No. L- the imposition of a penalty of suspension of
69870 (1988)]. more than 30 days or fine in an amount
exceeding 30 days’ salary [Torres v. De Leon,
Note: The University of the Philippines, having G.R. No. 199440 (2016)].
an original charter, is clearly part of the CSC
[University of the Philippines v. Regino, G.R. e. Classes of service [CSC v. Sojor, G.R.
No. 88167 (1993)]. No. 168766 (2008)]
Career Service: Characterized by entrance (a)
c. Jurisdiction based on merit and fitness to be determined,
The CSC has been granted by the Constitution as far as practicable, by competitive
and the Administrative Code jurisdiction over examinations, OR (b) based on highly technical
all civil service positions in the government qualifications; with opportunity for
service, whether career or non-career [Civil advancement to higher career positions and
Service Commission v. Sojor, G.R. No. 168766 security of tenure.
(2008); See CSC Resolution No. 991936 1. Open career positions: Where prior
detailing the disciplinary and non-disciplinary qualification in an appropriate
jurisdiction]. examination is required.
2. Closed career positions: e.g. scientific
The Board of Regents (BOR) of a state or highly technical in nature;
university has the sole power of administration 3. Career Executive Service: e.g.
over the university. But…there is no showing undersecretaries, bureau directors
that such power is exclusive. The CSC has 4. Career Officers: Other than those
concurrent jurisdiction over a president of a belonging to the Career Executive
State university [CSC v. Sojor, supra]. Service who are appointed by the
President, e.g. those in the foreign
d. Appellate Jurisdiction service
The appellate power of the CSC will only apply 5. Positions in the AFP, although
when the subject of the administrative cases governed by a different merit system
filed against erring employees is in connection 6. Personnel of GOCCs with original
with the duties and functions of their office, and charters
not in cases where the acts of the complainant 7. Permanent laborers, whether skilled,
arose from cheating in the civil service semi-skilled, or unskilled
examinations [Cruz v. CSC, G.R. No. 144464
(2001)]. Non-career Service: Characterized by
entrance on bases other than those of the
In administrative disciplinary cases decided by usual tests utilized for the career service;
the COA, the proper remedy in case of an tenure limited to a period specified by law, or
adverse decision is an appeal to the Civil which is co-terminus with that of the appointing
Service Commission and not a petition for authority or subject to his pleasure, or which is
certiorari before SC under Rule 64 [Galindo v. limited to the duration
Commission on Audit, G.R. No. 210788 1. Elective officials, and their personal
(2017)]. and confidential staff;
2. Department heads and officials of
The Philippine National Red Cross, although Cabinet rank who hold office at the
not a GOCC, is sui generis in character. The pleasure of the President, and their
sui generis character of PNRC requires the personal and confidential staff;
court to approach controversies involving the 3. Chairmen and members of
PNRC on a case-to-case basis. Since the issue commissions and bureaus with fixed
involves the enforcement of labor laws and terms;
penal statutes, PNRC can be treated as a 4. Contractual personnel;
GOCC. Thus, the CSC has jurisdiction. 5. Emergency and seasonal personnel.
Moreover, the CSC has appellate jurisdiction
on administrative disciplinary cases involving
Page 86 of 384
Note: Except as otherwise provided by the or in any of its subsidiaries [Section 6,
Constitution or by law, the Civil Service Article IX-B, 1987 Constitution].
Commission shall have the final authority to 2. No elective official shall be eligible for
pass upon the removal, separation and appointment or designation in any
suspension of all officers and employees in the capacity to any public office or position
civil service and upon all matters relating to the during his tenure [Section 7(1), Article
conduct, discipline and efficiency of such IXB, 1987 Constitution].
officers and employees [CSC v. Sojor, supra]. 3. Unless otherwise allowed by law OR by
the primary functions of his position, no
e. Appointments in the Civil Service appointive official shall hold any other
The role of the CSC in the appointing process office or employment in the
is limited to the determination of qualifications Government or any subdivision,
of the candidates for appointments and plays agency or instrumentality thereof
no role in the choice of the person to be including GOCCs or their subsidiaries
appointed [Bernas]. [Section 7(2), Article IX-B, 1987
Constitution].
General Rule: Appointments are made only 4. No officer or employee in the civil
according to merit and fitness to be service shall engage directly or
determined, as far as practicable, by indirectly, in any electioneering or
competitive examination partisan political activity [Section 2(4),
Article IX-B, 1987 Constitution].
Exceptions:
1. Policy determining: Where the officer g. Removal or suspension only for
lays down principal or fundamental cause
guidelines or rules; or formulates a No officer or employee of the civil service shall
method of action for government or any be removed or suspended except for cause
of its subdivisions; e.g. department provided by law [Section 2 (2), Article IX-B,
head. 1987 Constitution].
2. Primarily confidential: Denoting not
only confidence in the aptitude of the 2. Commission on Elections
appointee for the duties of the office but a. Powers and Functions
primarily close intimacy which ensures 1. Enforce all laws relating to the conduct
freedom of intercourse without of election, plebiscite, initiative,
embarrassment or freedom from referendum and recall;
misgivings or betrayals on confidential
matters of state [De los Santos v. Initiative: The power of the people to propose
Mallare, G.R. No. L-3881 (1950)]; OR amendments to the Constitution or to propose
one declared to be so by the President and enact legislation through an election called
of the Philippines upon the for that purpose. There are 3 systems of
recommendation of the CSC, subject to initiative: Initiative on the Constitution, initiative
judicial review [Salazar v. Mathay, G.R. on statutes, and initiative on local legislation
No. L-44061 (1976)]. [Section 3(a), R.A. No. 6735].
3. Highly technical: Requires
possession of technical skill or training Referendum: The power of the electorate to
in supreme degree [De los Santos v. approve or reject legislation through an
Mallare, supra]. election called for that purpose. Not counting
constitutionally-required ratifications (e.g., on
f. Disqualifications statutes changing the name of the country),
1. No candidate who has lost in any there are 2 classes: Referendum on statutes or
election shall within one (1) year after referendum on local laws [Section 3(c), R.A.
such election, be appointed to any No. 6735].
office in the Government or any GOCC
Page 87 of 384
Recall: The termination of official relationship 8. Deputize law enforcement agencies and
of a local elective official for loss of confidence instrumentalities of the Government for
prior to the expiration of his term through the the exclusive purpose of ensuring free,
will of the electorate. orderly, honest, peaceful, and credible
elections;
Plebiscite: The submission of constitutional
amendments or the incorporation (and related COMELEC may validly delegate its power to
alterations) of LGUs to the people for their investigate and prosecute election law
approval. violations to the Provincial Fiscal [now
provincial prosecutor], pursuant to its
2. Recommend to the Congress effective deputization power [People v. Judge Basilia,
measures to minimize election G.R. No. 83938 (1989)].
spending, and to prevent and penalize
all forms of election frauds, offenses, 9. Recommend to the President the
malpractices, and nuisance removal of any officer or employee it
candidacies; has deputized for violation or disregard
of, or disobedience to its directive;
3. Submit to the President and the
Congress, a comprehensive report on 10. Registration of political parties,
the conduct of each election, plebiscite, organizations and coalitions and
initiative, referendum, or recall; accreditation of citizens’ arms;
4. Decide administrative questions 11. Regulation of public utilities and media

pertaining to election except the right to of communication or information;
vote (the jurisdiction of which is with the
judiciary); While respondent COMELEC cited the
Constitution, laws and jurisprudence to support
Power to declare failure of election: The their position that they had the power to
COMELEC may exercise such power motu regulate the tarpaulin, however, all these
proprio or upon a verified petition, and the provisions pertain to candidates and political
hearing of the case shall be summary in nature parties. COMELEC does not have the authority
[Sison v. COMELEC, G.R. No. 134096 (1998)]. to regulate the enjoyment of the preferred right
to freedom of expression exercised by a non-
5. File petitions in court for inclusion or candidate. Regulation of election
exclusion of voters; paraphernalia will still be constitutionally valid if
it reaches into speech of persons who are not
6. Investigate and prosecute cases of candidates or who do not speak as members
violations of election laws; of a political party if they are not candidates,
only if what is regulated is declarative speech
Note: Section 43, R.A. No. 9369 or the that, taken as a whole, has for its principal
Automated Election System Law of January object the endorsement of a candidate only.
2007 grants to the Department of Justice
concurrent jurisdiction to investigate and The regulation (a) should be provided by law;
prosecute violations of election law. In contrast, (b) reasonable; (c) narrowly tailored to meet
the Omnibus Election Code exclusively grants the objective of enhancing the opportunity of all
the equivalent investigative/prosecutorial candidates to be heard and considering the
jurisdiction to the COMELEC. primacy of the guarantee of free expression,
and (d) demonstrably the least restrictive
7. Recommend pardon, amnesty, parole means to achieve that objective. The regulation
or suspension of sentence of election must only be with respect to the time, place and
law violators; manner of the rendition of the message. In no
situation may the speech be prohibited or
censored on the basis of its content [The
Page 88 of 384
Diocese of Bacolod v. COMELEC, G.R. No. d. Jurisdiction over intra-party disputes
205728 (2015)]. The COMELEC’s powers and functions under
the Constitution, "include the ascertainment of
12. Decide on election cases the identity of the political party and its
legitimate officers responsible for its acts." The
The Commission on Elections may sit en banc power to register political parties necessarily
or in two divisions and shall promulgate its involves the determination of the persons who
rules of procedure in order to expedite must act on its behalf. Thus, the COMELEC
disposition of election cases [Section 3, Article may resolve an intra-party leadership dispute,
IX-C, 1987 Constitution]. in a proper case brought before it, as an
incident of its power to register political parties
The Constitution vested upon the COMELEC [Lokin v. COMELEC, G.R. No. 193808 (2012)].
judicial powers to decide all contests relating to
elective local officials as therein provided e. Appellate Jurisdiction
[Garcia v. De Jesus, G.R. No. 97108-09 All contests involving elected municipal officials
(1992)]. decided by trial courts of general jurisdiction or
involving elective barangay officials decided by
b. Cases which must be heard by a court of limited jurisdiction [Garcia v. De
Division Jesus, supra].
ARTICLE IX-C, SECTION 3. The f. Limited jurisdiction to issue writs of

Commission on Elections may sit en banc or certiorari
in two divisions, and shall promulgate its
rules of procedure in order to expedite Interpreting the phrase “in aid of its appellate
disposition of election cases, including pre- jurisdiction,” if a case may be appealed to a
proclamation controversies. All such election particular court or judicial tribunal or body, then
cases shall be heard and decided in division,
said court or judicial tribunal or body has
provided that motions for reconsideration of
jurisdiction to issue the extraordinary writ of
decisions shall be decided by the
certiorari, in aid of its appellate jurisdiction
Commission en banc.
Hence: Hence, the COMELEC may take cognizance of

• Election contests (e.g., pre- a petition for certiorari questioning an
proclamation controversies, recounts) interlocutory order of the regional trial court in
are decided first by division. The en an electoral protest case. [Bulilis v. Nuez, G.R.
banc only decides motions for No. 195953 (2011)].
reconsideration of those election
contests [See Ong v. COMELEC, G.R. 3. Commission on Audit
No. 105717 (1992)].
• In all other instances (e.g., canvassing, a. Powers and functions
administrative functions), the Examine, audit, and settle accounts pertaining
COMELEC acts en banc. to government funds or property: its revenue,
receipts, expenditures, and uses.
c. Exclusive jurisdiction
All contests relating to the elections, returns LGUs, though granted local fiscal autonomy,
and qualifications of all elective regional, are still within the audit jurisdiction of the COA
provincial, and city officials. [Veloso v. COA, G.R. No. 193677 (2011)]. The
Boy Scouts of the Philippines (BSP) is a public
Currently, the enforcement of election laws corporation and its funds are subject to the
may be concurrent when Congress assigns COA’s audit jurisdiction [Boy Scouts of the
such enforcement to a different body (e.g., the Philippines v. COA, G.R. No. 177131 (2011)].
Department of Justice).
The Constitution formally embodies the long-
established rule that private entities who
Page 89 of 384
handle government funds or subsidies in trust ● Promulgate accounting and auditing
may be examined or audited in their handling rules and regulations.
of said funds by government auditors [Blue Bar
Coconut Philippines, Inc. v. Tantuico, G.R. No. This includes giving the COA Assistant
L-47051 (1988)]. Commissioner and General Counsel the
authority to deputize a special audit team [The
b. Post-audit basis Special Audit Team, Commission on Audit v.
● Constitutional bodies, commissions, CA, G.R. No. 174788 (2013)].
and offices;
● Autonomous state colleges and Note: No law shall be passed exempting any
universities; entity of the Government or its subsidiaries in
● GOCCs with no original charters and any guise whatsoever, or any investment of
their subsidiaries; public funds, from the jurisdiction of the
● Non-governmental entities receiving Commission on Audit [Section 3, Article IXD,
subsidy or equity, directly or indirectly, 1987 Constitution].
from or through the Government, which
are required by law or the granting Congress cannot exempt foreign grants from
institution to submit such audit as a the jurisdiction of the Commission on Audit. Its
condition of subsidy or equity. jurisdiction extends to all government-owned or
controlled corporations, including those funded
Complementing the constitutional power of the by donations through the Government
COA to audit accounts of “non–governmental [Petitioner Corporations v. Executive
entities receiving subsidy or equity, directly or Secretary, G.R. Nos. 147036-37 (2012)].
indirectly, from or through the government” is
Section 11(1), Book V of the Administrative d. Primary jurisdiction over money
Code, which authorizes the COA to audit claims
accounts of non–governmental entities Primary jurisdiction over money claims Limited
“required to pay…or have government share” to liquidated claims: The COA has primary
but only with respect to “funds…coming from or jurisdiction to pass upon a private entity’s
through the government.” money claims against a provincial gov’t.
However, the scope of the COA’s authority to
COA does not have the exclusive power to take cognizance of claims is circumscribed by
examine and audit government agencies. The cases holding statutes of similar import to
framers of the Constitution were fully aware of mean only liquidated claims, or those
the need to allow independent private audit of determined or readily determinable from
certain government agencies in addition to the vouchers, invoices, and such other papers
COA audit [DBP v. COA, G.R. No. 88435 within reach of accounting officers [Euro-Med
(2002)]. Laboratories, Phil. Inc. v. Province of
Batangas, G.R. No. 148106 (2006)].
The COA’s audit jurisdiction does not allow it to
interfere in how the Supreme Court appraises No jurisdiction over their validity or
the value of properties that can be purchased constitutionality: The jurisdiction of the COA
by its retired justices, as this would be an over money claims against the government
interference in the judiciary’s fiscal autonomy. does not include the power to rule on the
[In Re: COA Opinion on Appraised Value, A.M. constitutionality or validity.
No. 11-7-10-SC (2012)]
C. Exclusive authority
● Define the scope of its audit and
examination;
● Establish techniques and methods
required;
Page 90 of 384
D. Composition and Note: At no time shall all members belong to
the same profession.
Qualifications of Members
E. Prohibited Offices and
Interests
a. Composition
A Chairman and two (2) Commissioners. No member of the Constitutional Commissions
shall, during their tenure:
b. Qualifications [Section 1(1), Article 1. Hold any other office or employment.
IX-B, 1987 Constitution] This is similar to the prohibition against
high executive officers (cf. Art. VII, Sec.
a. Natural-born citizens of the Philippines;
b. At the time of their appointment, at 13). It applies to both public and private
offices and employment;
least 35 years of age;
c. With proven capacity for public
administration; and 2. Engage in the practice of any
profession;
d. Must not have been candidates for any
elective position in the election
3. Engage in the active management or
immediately preceding their
appointment. control of any business which in any
way may be affected by the functions
of his office; or
c. Term of office
Seven (7) years (except those first appointed)
4. Be financially interested, directly or
indirectly, in any contract with, or in any
2. Commission on Elections franchise or privilege granted by, the
Government, its subdivisions, agencies
a. Composition or instrumentalities, including GOCCs
A Chairman and six (6) Commissioners. or their subsidiaries [Section 2, Article
IX-A, 1987 Constitution].
b. Qualifications
1. Must be natural-born citizens; The CSC Chairman cannot be a member of a
2. At least 35 years of age; government entity that is under the control of
3. Holders of a college degree; the President without impairing the
4. Have not been candidates in the independence vested in the CSC by the 1987
immediately preceding election; Constitution [Funa v. Civil Service
5. Majority, including the Chairman, must Commission, G.R. No. 191672 (2014)].
be members of the Philippine Bar who
have been engaged in the practice of F. Judicial Review of Final
law for at least ten (10) years. [Section
1, Article IX-C, 1987 Constitution] Orders, Resolutions, and
Decisions of Constitutional
3. Commission on Audit Commissions
a. Composition
A Chairman and two (2) Commissioners
b. Qualifications 1. Rendered in Exercise of Quasi-
1. Natural born Filipino citizens; Judicial Functions
2. At least thirty-five (35) years of age;
3. CPAs with not less than ten (10) years a. Decisions
of auditing experience OR members of Each Commission shall decide by a majority
the Philippine bar with at least ten (10) vote of all its members (NOT only those who
years practice of law participated in the deliberations) any case or
matter brought before it within 60 days from the
Page 91 of 384
date of its submission for decision or resolution of CSC, Rule 43 will be applied, and the
[Section 7, Article IX-A, 1987 Constitution]. case will be brought to the Court of
Appeals.
Any decision, order or ruling of each
Commission may be brought to the SC on 2. Rendered in Exercise of
certiorari by the aggrieved party within thirty Administrative Functions
(30) days from receipt of the copy thereof.
General Rule: Acts rendered in the exercise of
In resolving cases brought before it on appeal,
the administrative functions of a Constitutional
respondent COA is not required to limit its Commission (e.g., awarding a contract to a
review only to the grounds relied upon by a
bidder) are not judicially reviewable.
government agency’s auditor with respect to
disallowing certain disbursements of public
Rationale: These are in the exercise of the
funds. Such would render COA’s vital
Commission’s discretion/prerogatives, which
constitutional power unduly limited and thereby are in the nature of policy and generally not
useless and effective [Yap v. COA, G.R. No.
reviewable by the courts.
158562 (2010)].
Exceptions:
b. Certiorari Jurisdiction of the • When they are in violation of statutes
Supreme Court (e.g., procurement laws) or breach civil
law (e.g., obligations and contracts),
For Final Orders in the Exercise of a they may be challenged through
Commission's Quasi-Judicial Functions ordinary civil actions in the regular
(via Rule 64): Limited to decisions rendered in courts (e.g., the Regional Trial Court)
actions or proceedings taken cognizance of by [See Filipinas Engineering and
the Commissions in the exercise of their quasi- Machine Shop v. Ferrer, G.R. No.
judicial powers. 31455 (1985)] This is subject to the
rules on state immunity.
The Court exercises extraordinary jurisdiction,
thus, the proceeding is limited only to issues • When there is a proper case and for
involving grave abuse of discretion resulting in grave abuse of discretion, they may be
lack or excess of jurisdiction, and does not challenged via certiorari on Rule 65.
ordinarily empower the Court to review the
factual findings of the Commission [Aratuc v.
COMELEC, G.R. No. L-49705-09 (1999)]. CITIZEN IN RELATION TO
THE STATE
For Interlocutory Orders: Via Rule 65, in a
proper case. [See Macabago v. COMELEC,
G.R. No. 152163 (2002)] I. CITIZENSHIP
c. Synthesis on the Rules of Modes of A. Who are Filipino Citizens
Review
1. Decisions, order or ruling of the The following are citizens of the Philippines:
Commissions in the exercise of their 1. Those who are citizens of the
quasi-judicial functions may be Philippines at the time of the adoption
reviewed by the Supreme Court. of the Constitution;
2. General Rule: The mode of review is a 2. Those whose fathers or mothers are
petition for certiorari under Rule 64 (not citizens of the Philippines
Rule 65). 3. Those born before January 17, 1973,
3. Exception: The Rules of Civil of Filipino mothers, who elect
Procedure, however, provides for a Philippine citizenship upon reaching
different legal route in the case of the the age of majority; and
Civil Service Commission. In the case
Page 92 of 384
4. Those who are naturalized in elect Filipino citizenship when she reached the
accordance with law [Section 1, Article age of majority.||| [Uy-Belleza v. Civil Registrar
IV, 1987 Constitution]. of Tacloban City, G.R. No. 218354,
(September 15, 2021)]
Note: A passport is "a document issued by the
Philippine government to its citizens requesting b. Naturalized Citizens
other governments to allow its citizens to pass Those who are naturalized in accordance with
safely and freely, and in case of need, to give the law [Section 1(4), Article IV, 1987
him/her all lawful aid and protection." It is an Constitution]
official document of identity of Philippine
citizenship of the holder issued for travel Modes:
purposes. A passport proves that the country
which issued it recognizes the person named (A) By direct conferment of Congress.
therein as its national. (Uy-Belleza v. Civil Here, Congress passes a private bill conferring
Registrar of Tacloban City, G.R. No. 218354, citizenship on a foreigner, subject to approval
[September 15, 2021]) or veto of the President).
1. Classification of Citizens (B) By application under Naturalization

Statutes.
a. Natural-born Citizens
i. Via Judicial Action (CA 473)
ii. Via Administrative Action with the Special
SECTION 2, ARTICLE IV. Natural-born citizens are
those who are citizens of the Philippines from birth Committee on Naturalization (RA 9139)
without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect (1) Naturalization via Judicial Action [CA
Philippine citizenship in accordance with paragraph 473]
(3), Section 1 hereof shall be deemed natural-born
citizens.
Judicial process by which a foreigner is
adopted by the country and clothed with the
Who are natural-born citizens privileges of a native-born citizen. The
1. Citizens of the Philippines from birth applicant must prove that he has all of the
without having to perform any act to qualifications and none of the disqualifications
acquire or perfect their Philippine for citizenship.
citizenship [Section 1(1) & Section (2) Qualifications [Section 2, CA 473]
1(2), Article IV, 1987 Constitution]; and
a. Not less than twenty-one years of age
2. Those who elect Philippine citizenship on the day of the hearing of the
in accordance with Section 1(3), Article petition;
IV b. Resided in the Philippines for a
continuous period of 10 years or more;
The requirement of electing Filipino citizenship c. Of good moral character; believes in
the principles underlying the Philippine
when a child reached the age of majority under
Constitution; conducted himself in a
the Constitution applied only to legitimate
proper and irreproachable manner
children. These would not apply in the case of
during the entire period of his
Adelaida who is an illegitimate child, residence towards the government
considering that her Chinese father and Filipino and community
mother were never married. As such, she was d. Must own real estate in the Philippines
not required to comply with said constitutional worth P5,000 or more OR must have
and statutory requirements to become a lucrative trade, profession, or lawful
Filipino citizen. By being an illegitimate child of occupation;
a Filipino mother, Adelaida automatically e. Able to speak or write English or
became a Filipino upon birth. Stated differently, Spanish or anyone of the principal
she is a Filipino since birth without having to languages; and
Page 93 of 384
f. Enrolled his minor children of school Filipinos, or who have not evinced a
age in any of the recognized schools sincere desire to learn and embrace
where Philippine history, government the customs, traditions, and ideals of
and civics are taught or prescribed as the Filipinos;
part of the school curriculum, during
the entire period of the residence in the g. Citizens or subjects of nations with
Philippines required of him. whom the Philippines is at war; or
(3) Special Qualifications [Section 3, CA h. Citizens or subjects of a foreign

473] country other than the United States,
whose laws do not grant Filipinos the
ANY will result to reduction of the 10-year right to become naturalized citizens or
period to 5 years: subject thereof.
a. Having honorably held office under the (5) No Petition for Judicial Declaration of
Government of the Philippines or Philippine Citizenship
under that of any of the provinces,
cities, municipalities, or political The Court has consistently ruled that there is
subdivisions thereof; no proceeding established by law, or the Rules
b. Established a new industry or for the judicial declaration of the citizenship of
introduced a useful invention in the an individual. There is no specific legislation
Philippines; authorizing the institution of a judicial
c. Married to a Filipino woman; proceeding to declare that a given person is
d. Engaged as a teacher in the part of our citizenry.
Philippines in a public or recognized
private school not established for the It should be stressed that there is no specific
exclusive instruction of children of statutory or procedural rule which authorizes
persons of a particular nationality or
the direct filing of a petition for declaration of
race, in any of the branches of
election of Philippine citizenship before the
education or industry for a period of 2
years or more; or courts. The special proceeding provided under
e. Born in the Philippines. Section 2, Rule 108 of the Rules of Court on
Cancellation or Correction of Entries in the Civil
(4) Disqualifications [Section 4, CA 473] Registry, merely allows any interested party to
file an action for cancellation or correction of
a. Persons opposed to organized entry in the civil registry, i.e.,election, loss and
government or affiliated with groups recovery of citizenship [Republic v. Sagun,
who uphold and teach doctrines G.R. No. 187567, (February 15, 2012), 682
opposing all organized governments; PHIL 303-317]
b. Persons defending or teaching the (6) Denaturalization

necessity or propriety of violence,
personal assault, or assassination for Process by which grant of citizenship is
the success of their ideas; revoked.
c. Polygamists or believers in polygamy; Judgment directing the issuance of a

certificate of naturalization is a mere grant of a
d. Persons convicted of crimes involving political privilege and that neither estoppel nor
moral turpitude; res judicata may be invoked to bar the State
from initiating an action for the cancellation or
e. Persons suffering from mental nullification of the certificate of naturalization
alienation or incurable contagious thus issued [In Re: Yao MunTek v. Republic,
diseases; G.R. No. L-23383 (1971)].
f. Persons who during the period of their (7) Grounds
stay, have not mingled socially with the
Page 94 of 384
Upon the proper motion of the Sol. Gen. or the
and/or in Philippine embassies, consulates and
provincial fiscal, naturalization may be territories abroad is presumed a natural-born Filipino
canceled when: citizen regardless of the status or circumstances of
a. Naturalization certificate was birth. As a natural-born citizen of the Philippines, a
fraudulently or illegally obtained [Po foundling is accorded with rights and protections at
Soon Tek v. Republic, G.R. No. L- the moment of birth equivalent to those belonging to
32408 (1974)]; such class of citizens whose citizenship does not
need perfection or any further act.
If obtained fraudulently or via perjury,
The presumption of natural-born status of a
naturalization is never final (i.e., does not
foundling may not be impugned in any proceeding
attain res judicata) and may be revoked [In Re: unless substantial proof of foreign parentage is
Republic v. Guy, G.R. No. L-41399 (1982)]. shown. The natural-born status of a foundling shall
not also be affected by the fact that the birth
certificate was simulated, or that there was absence
b. If, within the 5 years next following the of a legal adoption process, or that there was
issuance, he shall return to his native inaction or delay in reporting, documenting, or
country or to some foreign country and registering a foundling.
establish his permanent residence
there; Are foundlings natural-born citizens?
Yes. As a matter of law, foundlings are, as a
c. Remaining for more than one year in
class, natural-born citizens. The presumption
his native country or the country of his
of natural-born citizenship of foundlings stems
former nationality, or two years in any
other foreign country, shall be from the presumption that their parents are
considered as prima facie evidence of nationals of the Philippines. While the 1935
his intention of taking up his Constitution’s enumeration is silent as to
permanent residence in the same; foundlings, there is no restrictive language
which would definitely exclude foundlings
d. Petition was made on an invalid either. No such intent or language permits
declaration of intention; discrimination against foundlings. On the
contrary, all three Constitutions (1935, 1973,
e. Minor children of the person 1987) guarantee the basic right to equal
naturalized failed to graduate from the protection of the laws. All exhort the State to
schools mentioned in Section 2, render social justice [Poe-Llamanzares v.
through the fault of their parents, either COMELEC, G.R. No. 221697 (2016)].
by neglecting to support them or by
transferring them to another school or
schools; or
B. Modes of Acquiring
Citizenship
f. If he has allowed himself to be used as
a dummy in violation of the 1. By Birth
Constitutional or legal provision a. Jus Soli — “Right of soil;” a person’s
requiring Philippine citizenship as a nationality is based on place of birth;
requisite for the exercise, use or formerly effective in the Philippines
enjoyment of a right, franchise or
[Roa v. Collector of Customs, G.R. No.
privilege.
L-7011 (1912)].
2. Foundlings b. Jus Sanguinis — “Right of blood;” a
person's nationality follows that of his
REP. ACT 11767 FOUNDLING RECOGNITION natural parents. The Philippines
AND PROTECTION ACT (MAY 6, 2022) currently adheres to this principle.
ARTICLE I, SECTION 5. Citizenship Status of a
Foundling Found in the Philippines and/or in 2. By Naturalization
Philippine Embassies, Consulates and Territories Naturalization signifies the act of formally
Abroad. — A foundling found in the Philippines adopting a foreigner into the political body of a
Page 95 of 384
nation by clothing him or her with the privileges she reaches the age of majority [Republic v.
of a citizen. Lim, G.R. No. 153883 (2004)].
Three modes by which an alien may become a 5. Reglementary Period

Filipino citizen by naturalization: Under Article IV, Section 1(3) of the 1935
1. Administrative naturalization pursuant Constitution, the citizenship of a legitimate
to R.A. No. 9139; child born of a Filipino mother and an alien
2. Judicial naturalization pursuant to C.A. father followed the citizenship of the father,
437; and unless, upon reaching the age of majority, the
3. Legislative naturalization in the form of child elected Philippine citizenship. The 1935
a law enacted by Congress granting Charter only provides that the election should
Philippine citizenship to an alien [So v. be made “upon reaching the age of majority.”
Republic, G.R. No. 170603 (2007)]. The age of majority then commenced upon
reaching 21 years. In the opinions of the
3. Derivative Naturalization Secretary of Justice on cases involving the
Under Sec. 15 of CA 473, foreign women who validity of election of Philippine citizenship, this
are married to Philippine citizens may be dilemma is resolved by basing the time period
deemed ipso facto Philippine citizens and it is on the decisions of this Court prior to the
neither necessary for them to prove that they effectivity of the 1935 Constitution.
possess other qualifications for naturalization
at the time of their marriage nor do they have In these decisions, the proper period for
to submit themselves to judicial naturalization electing Philippine citizenship, should be made
[Republic v. Batuigas, G.R. No. 183110 within “reasonable time” after attaining the age
(2013)]. of majority. This phrase “reasonable time” has
been interpreted to mean the election should
Pursuant to the principle of derivative be made within three years from reaching the
naturalization, Section 15 of CA 437, extends age of majority [Re: Application for Admission
the grant of Philippine citizenship to the minor to the Philippine Bar, Vicente D. Ching, Bar
children of those naturalized thereunder. Matter No. 914, October 1, 1999].
The following are requisites should be applied

to the minor children in order to be entitled to 6. Eligibility under the Administrative
Philippine citizenship: Naturalization Law; Rationale
1. They are legitimate children of R.A. No. 9139 is an act providing for the
petitioner acquisition of Philippine citizenship for (1)
aliens born in the Philippines and (2) residing
2. They were born in the Philippines, and therein since birth by administrative
naturalization subject to certain requirements
3. They were still minors when the dictated by national security and interest.
petitioner was naturalized as a Filipino
citizen [Tan Co v. Civil Register of R.A. No. 9139 was enacted as a remedial
Manila, G.R. No. 138496 (2004)]. measure intended to make the process of
acquiring Philippine citizenship less tedious,
4. Election of Filipino Citizenship less technical and more encouraging. It also
The constitutional and statutory requirements addresses the concerns of degree holders
of electing Filipino citizenship apply only to who, by reason of lack of citizenship
legitimate children and not to one who was requirement, cannot practice their profession,
concededly an illegitimate child, as her thus promoting "brain drain for the Philippines
Chinese father and Filipino mother were never [So v. Republic, supra].
married. Being an illegitimate child of a Filipino
mother, respondent is a Filipino since birth, 7. Qualifications Prescribed Under Act
without having to elect Filipino citizenship when
473 NOT APPLICABLE to R.A. No.
9139
Page 96 of 384
The qualifications and disqualifications of an pact with the country, or it maintains
applicant for naturalization by judicial act are armed forces in RP with RP’s consent;
set forth in Sections 2 and 4 of C.A. 473. On
the other hand, Sections 3 and 4 of R.A. No. e. Denaturalization (The court, upon its
9139 provide for the qualifications and discretion, may cancel certificate of
disqualifications of an applicant for naturalization subsequent to the
naturalization by administrative act. requirements provided. This is
because naturalization is not a natural
Rationale:
right but a political privilege);
1. C.A. 473 and R.A. No. 9139 are
separate and distinct laws - the former
covers all aliens regardless of class f. Being found by final judgment to be a
while the latter covers native-born deserter of the AFP.
aliens who lived here in the Philippines
all their lives, who never saw any other Note: Previously, Marriage by a Filipino woman
country and all along thought that they to an alien, if by the laws of her husband’s
were Filipinos; who have country, she becomes a citizen thereof. (Now
demonstrated love and loyalty to the qualified by Section 4, Article IV. Citizens of the
Philippines and affinity to customs and Philippines who marry aliens shall retain their
traditions. citizenship, unless by their act or omission they
are deemed, under the law, to have renounced
2. If the qualifications prescribed in R.A. it).
No. 9139 would be made applicable
even to judicial naturalization, the 2. General Rule
coverage of the law would be Expatriation is a constitutional right. No one
broadened since it would then apply can be compelled to remain a Filipino if he does
even to aliens who are not native- not want to [Go Julian v. Government, G.R. No.
born. 20809 (1923)].
Applying the provisions of R.A. No. 9139 to
judicial naturalization is contrary to the
3. Exception
intention of the legislature to liberalize the A Filipino may not divest himself of Philippine
naturalization procedure in the country [So v. citizenship in any manner while the Republic of
Republic, G.R. No. 170603 (2007)]. the Philippines is at war with any country
[Section 1(3), CA 63].
C. Loss and Re-Acquisition of Loss of Philippine citizenship cannot be
Philippine Citizenship presumed. Considering the fact that
admittedly, Osmeña was both a Filipino and an
1. Grounds for Loss of Philippine American, the mere fact that he has a
Citizenship certificate stating that he is an American does
a. Naturalization in a foreign country not mean that he is not still a Filipino, since
[Section 1(1), CA 63]; there has been no express renunciation of his
Philippine citizenship [Aznar v. COMELEC,
b. Express renunciation or expatriation G.R. No. 83820 (1995)].
[Section 1(2), CA 63];
4. Reacquisition
c. Taking an oath of allegiance to another a. Naturalization [CA 63 and CA 473]
country upon reaching the age of Now an abbreviated process, no need to wait
majority; for 3 years (1 year for declaration of intent, and
2 years for the judgment to become executory)
d. Accepting a commission and serving in
the armed forces of another country, Requirements:
unless there is an offensive/defensive 1. Must be 21 years of age
2. Must be a resident for 6 months
Page 97 of 384
3. Must have good moral character Retention
4. Must have no disqualification Natural-born citizens of the Philippines who,
after the effectivity of R.A. 9225, become
b. Repatriation citizens of a foreign country shall retain their
Repatriation results in the recovery of the Philippine citizenship upon taking the aforesaid
original nationality. Therefore, if he is a natural- oath [Section 3, R.A. No. 9225].
born citizen before he lost his citizenship, he
will be restored to his former status as a Derivative Citizenship
natural-born Filipino [Bengson III v. HRET, The unmarried child, whether legitimate,
G.R. No. 142840 (2001)]. illegitimate or adopted, below eighteen (18)
years of age, of those who re-acquire
Mere filing of certificate of candidacy is not a Philippine citizenship upon effectivity of R.A.
sufficient act of repatriation. Repatriation No. 9225 shall be deemed citizens of the
requires an express and equivocal act Philippines [Section 4, R.A. No. 9225].
[Frivaldo v. COMELEC, G.R. No. 120295
(1989)]. Effect of retention or reacquisition:
Those who retain or re-acquire Philippine
In the absence of any official action or approval citizenship under this Act shall enjoy full civil
by proper authorities, a mere application for and political rights and be subject to all
repatriation does not, and cannot, amount to attendant liabilities and responsibilities under
an automatic reacquisition of the applicant’s existing laws of the Philippines.
Philippine citizenship [Labo v. COMELEC,
G.R. No. 86564 (1989)]. Conditions for enjoyment of full civil and
political rights
c. Legislative Act
Citizenship can be acquired by an alien thru
Right Condition
legislative naturalization in the form of a law
enacted by Congress bestowing Philippine
citizenship to an alien [So v. Republic, GR Suffrage Meet requirements under
No.170603 (2007)]. Section 1, Article V of the
1987 Constitution, R.A.
No. 9189 (Overseas
Citizenship can be reacquired by natural-born
Absentee Voting Act of
citizens of the Philippines who have lost their
2003), other existing
Philippine citizenship by reason of their laws.
naturalization as citizens of a foreign country
upon taking the oath of allegiance to the
Republic [Section 3, R.A. 9225]. Seeking (1) Meet the
elective qualifications for holding
public office such public office as
5. R.A. No. 9225 (CITIZENSHIP required by the
RETENTION AND REACQUISITION Constitution and existing
ACT OF 2003) laws and,
(2) at the time of the
Reacquisition filing of the certificate of
Natural-born citizens of the Philippines who candidacy, make a
have lost their Philippine citizenship by reason personal and sworn
of their naturalization as citizens of a foreign renunciation of any and
country are deemed to have reacquired all foreign citizenship
Philippine citizenship upon taking the oath of before any public officer
allegiance to the Republic [Section 3, R.A. authorized to administer
9225]. an oath.
Page 98 of 384
naturalization, or for the purpose of avoiding
Right Condition deportation and prosecution in the US [Tabasa
v. CA, G.R. No. 125793 (2006)].
Appointment (1) Subscribe and swear
to public to an oath of allegiance Mode of Repatriation
office to the Republic of the
Philippines and its duly If Repatriation Under 9225: Repatriation as a
constituted authorities mode of reacquiring Philippine citizenship does
prior to their assumption not require the filing of a petition in court. All
of office; that an applicant had to do is to take an oath of
allegiance to the Republic of the Philippines
(2) provided, that they and register said oath in the Local Civil Registry
renounce their oath of of the place where the person concerned
allegiance to the country resides or last resided [Angat, supra]. In
where they took that addition thereto, registration of the Certificate
oath. of Repatriation in the Bureau of Immigration is
a prerequisite in effecting the repatriation of a
Practice Apply with the proper citizen [Altarejos v. COMELEC, G.R. No.
profession in authority for a license or 163256 (2004)].
the permit to engage in such
Philippines practice. If Repatriation Under 8171: A petition for
repatriation shall be filed with the Special
[Section 5, R.A. No. 9225] Committee on Naturalization (SCN) which was
designated to process petitions for repatriation
The right to vote or be elected or appointed to pursuant to A.O. 285 dated August 22, 2006.
any public office in the Philippines cannot be [Tabasa v. CA, supra]
exercised by, or extended to, those who:
7. Renunciation of Reacquisition
1. Are candidates for or are occupying
any public office in the country of which A person who renounces all foreign citizenship
they are naturalized citizens; and/or
under Section 5(2) of R.A. No. 9225 recants
this renunciation by using his foreign passport
2. Are in active service as commissioned
or noncommissioned officers in the afterwards [Maquiling v. COMELEC, G.R. No.
armed forces of the country in which 195649 (2013)].
they are naturalized citizens.
D. Dual Citizenship and Dual
6. Repatriation under R.A. No. 8171 Allegiance
R.A. No. 8171, which lapsed into law on
October 23, 1995, is an act providing for the
1. Dual Citizenship
repatriation (a) of Filipino women who have lost
Allows a person who acquires foreign
their Philippine citizenship by marriage to
citizenship to simultaneously enjoy the rights
aliens and (b) of natural-born Filipinos who
he previously held as a Filipino citizen. This
have lost their Philippine citizenship on account
may be voluntary or accidental, and results in
of political or economic necessity, including
the application of different laws of two or more
their minor children [Angat v. Republic, GR No.
states to a dual citizen.
132244 (1999)].
Included in the second group are minor 2. Dual Allegiance

children at the time of repatriation and does not
include one who is no longer minor at the time Completely voluntary, and occurs when:
of his repatriation or one who lost his Philippine
citizenship by operation of law. The loss of a. Aliens who are naturalized as Filipinos
Philippine citizenship must be on account of but remain loyal to their country of
political or economic necessity and not by origin;
operation of law such as derivative
Page 99 of 384
b. Public officers who, while serving the consequence of conflicting laws of different
government, seek citizenship in States.
another country.
Automatic Renunciation of Dual
3. Dual citizenship vs. dual Citizenship: Once a candidate files his
candidacy, he is deemed to have renounced
allegiance [Mercado v. Manzano, 307 his foreign citizenship in case of dual
SCRA 630 (1999)]. citizenship [Mercado v. Manzano, G.R. No.
135083 (1999)].
Dual Citizenship v. Dual Allegiance: Dual
citizenship arises when, as a result of the
concurrent application of the different laws of II. SOCIAL JUSTICE AND
two or more states, a person is simultaneously HUMAN RIGHTS
considered a national by the said states.
For instance, such a situation may arise when A. Concept of Social Justice
a person whose parents are citizens of a state SECTION 10, ARTICLE II. The State shall promote
which adheres to the principle of jus sanguinis social justice in all phases of national development.
is born in a state which follows the doctrine of
jus soli. SECTION 1. ARTICLE XIII. The Congress shall give
highest priority to the enactment of measures that
Such person, ipso facto is concurrently protect and enhance the right of all the people to
considered a citizen of both states. human dignity, reduce social, economic, and
political inequalities, and remove cultural inequities
by equitably diffusing wealth and political power for
Dual allegiance on the other hand, refers to a the common good. To this end, the State shall
situation in which a person simultaneously regulate the acquisition, ownership, use, and
owes, by some positive acts, loyalty to two or disposition of property and its increments.
more states. While dual citizenship is
involuntary, dual allegiance is the result of an SECTION 2, ARTICLE XIII. The promotion of social
individual’s volition justice shall include the commitment to create
economic opportunities based on freedom of
Local Electoral Disqualification for Dual initiative and self-reliance.
Allegiance Only: “Dual citizens” are
disqualified from running for any elective local Social justice refers to the promotion of the
position [Section 40(d), Local Government welfare of all the people, the adoption by the
Code]; this should be read as referring to “dual Government of measures calculated to insure
allegiance. economic stability of all the competent
Clearly, in including Section 5 in Article IV on
elements of society, through the maintenance
citizenship, the concern of the Constitutional
of a proper economic and social equilibrium in
Commission was not with dual citizens per se
but with naturalized citizens who maintain their the interrelations of the members of the
allegiance to their countries of origin even after community, constitutionally, through the
their naturalization. Hence, the phrase “dual adoption of measures legally justifiable, or
citizenship” in Section 40(d), R.A. No. 7160 extra constitutionally, through the exercise of
and in Section 20, R.A. No. 7854 must be powers underlying the existence of all
understood as referring to “dual allegiance.” governments on the time-honored principle of
salus populi est suprema lex.
Consequently, persons with mere dual
citizenship do not fall under this Social justice is the humanization of laws and
disqualification. For candidates with dual the equalization of social and economic forces
citizenship, it should suffice if, upon the filing of by the State so that justice in its rational and
their certificates of candidacy, they elect objectively secular conception may at least be
Philippine citizenship to terminate their status approximated. It must be founded on the
as persons with dual citizenship considering recognition of the necessity of
that their condition is the unavoidable interdependence among divers and diverse
units of a society and of the protection that
Page 100 of 384
should be equally and evenly extended to all The State shall regulate the relations between
groups as a combined force in our social and workers and employers, recognizing the right of
economic life, consistent with the fundamental labor to its just share in the fruits of production and
and paramount objective of the state of the right of enterprises to reasonable returns to
promoting the health, comfort, and quiet of all investments, and to expansion and growth.
persons, and of bringing about "the greatest
good to the greatest number" [Calalang v. it was ruled that the early retirement of an
Williams, G.R. 47800 (1940)]. employee due to a work-related ailment, as in
the case at bar, proves that he was really
We have repeatedly stressed that social justice disabled totally to further perform his assigned
— or any justice for that matter — is for the task, and to deny permanent total disability
deserving, whether he be a millionaire in his benefits when he was forced to retire would
mansion or a pauper in his hovel. It is true that, render inutile and meaningless the social
in case of reasonable doubt, we are to tilt the justice precept guaranteed by the Constitution.
balance in favor of the poor to whom the (Government Service Insurance System v.
Constitution fittingly extends its sympathy and Cadiz, G.R. No. 154093, [July 8, 2003], 453
compassion. But never is it justified to give PHIL 384-392)
preference to the poor simply because they are
poor, or reject the rich simply because they are Work is a necessity that has economic
rich, for justice must always be served for the significance deserving legal protection. The
poor and the rich alike according to the social justice and protection to labor provisions
mandate of the law. (Valencia v. Court of in the Constitution dictate so. Employers are
Appeals, G.R. No. 122363, [April 29, 2003], also accorded rights and privileges to assure
449 PHIL 711-741) their self-determination and independence and
reasonable return of capital. This mass of
B. Economic, Social and Cultural privileges comprises the so-called
Rights management prerogatives.
Although they may be broad and unlimited in

1. Economic and Social scope, the State has the right to determine
SECTION 18, ARTICLE II. The State affirms labor whether an employer's privilege is exercised in
as a primary social economic force. It shall protect a manner that complies with the legal
the rights of workers and promote their welfare. requirements and does not offend the
protected rights of labor [Capitol Medical
SECTION 3, ARTICLE XIII. The State shall afford
full protection to labor, local and overseas, Center Inc. v. Meris, G.R. No. 155098 (2005)].
organized and unorganized, and promote full
employment and equality of employment 2. Agrarian and Natural Resources
opportunities for all.
Reform
It shall guarantee the rights of all workers to self- SECTION 4, ARTICLE XIII. The State shall, by law,
organization, collective bargaining and negotiations, undertake an agrarian reform program founded on
and peaceful concerted activities, including the right the right of farmers and regular farmworkers who are
to strike in accordance with law. They shall be landless, to own directly or collectively the lands they
entitled to security of tenure, humane conditions of till or, in the case of other farmworkers, to receive a
work, and a living wage. They shall also participate just share of the fruits thereof. To this end, the State
in policy and decision-making processes affecting shall encourage and undertake the just distribution
their rights and benefits as may be provided by law. of all agricultural lands, subject to such priorities and
reasonable retention limits as the Congress may
The State shall promote the principle of shared prescribe, taking into account ecological,
responsibility between workers and employers and developmental, or equity considerations, and
the preferential use of voluntary modes in settling subject to the payment of just compensation. In
disputes, including conciliation, and shall enforce determining retention limits, the State shall respect
their mutual compliance therewith to foster industrial the right of small landowners. The State shall further
peace. provide incentives for voluntary land-sharing.
Page 101 of 384

SECTION 5, ARTICLE XIII. The State shall with the private sector, a continuing program of
recognize the right of farmers, farmworkers, and urban land reform and housing which will make
landowners, as well as cooperatives, and other available at affordable cost, decent housing and
independent farmers’ organizations to participate in basic services to underprivileged and homeless
the planning, organization, and management of the citizens in urban centers and resettlement areas. It
program, and shall provide support to agriculture shall also promote adequate employment
through appropriate technology and research, and opportunities to such citizens. In the implementation
adequate financial, production, marketing, and other of such program the State shall respect the rights of
support services. small property owners.
SECTION 7, ARTICLE XIII. The State shall protect SECTION 10, ARTICLE XIII. Urban or rural poor
the rights of subsistence fishermen, especially of dwellers shall not be evicted nor their dwelling
local communities, to the preferential use of the demolished, except in accordance with law and in a
communal marine and fishing resources, both inland just and humane manner.
and offshore. It shall provide support to such
fishermen through appropriate technology and No resettlement of urban or rural dwellers shall be
research, adequate financial, production, and undertaken without adequate consultation with them
marketing assistance, and other services. The State and the communities where they are to be relocated.
shall also protect, develop, and conserve such
resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against The constitutional requirement (under Section
foreign intrusion. Fishworkers shall receive a just 10, Article XIII) that the eviction and demolition
share from their labor in the utilization of marine and be in accordance with law and conducted in a
fishing resources. just and humane manner does not mean that
the validity or legality of the demolition or
General welfare legislation such as land reform eviction is hinged on the existence of a
laws is to be construed in favor of the resettlement area designated or earmarked by
promotion of social justice to ensure the well- the government.
being and economic security of the people.
What is meant by "in accordance with law" and
The rationale for holding that the properties of "just and humane manner" is that the person to
the Hospicio are covered by P.D. No. 27 and be evicted be accorded due process or an
Rep. Act No. 6657 is so well-grounded in law opportunity to controvert the allegation that his
that it obviates any resort to the sordid game of or her occupation or possession of the property
choosing which of the two competing involved is unlawful or against the will of the
aspirations is nobler. The body which would landowner; that should the illegal or unlawful
have unquestionable discretion in assigning occupation be proven, the occupant be
hierarchical values on the modalities by which sufficiently notified before actual eviction or
social justice may be implemented is the demolition is done; and that there be no loss of
legislature. lives, physical injuries or unnecessary loss of
or damage to properties.
Land reform affords the opportunity for the
landless to break away from the vicious cycle Precisely, the enactment of an anti-squatting
of having to perpetually rely on the kindness of law affords the alleged "squatters" the
others. By refusing to exempt properties owned opportunity to present their case before a
by charitable institutions or maintained for competent court where their rights will be
charitable purposes from agrarian reform, the amply protected and due process strictly
legislature has indicated a policy choice which observed [People v. Leachon, G.R. Nos.
the Court is bound to implement [Hospicio de 108725-26 (1998)].
San Jose de Barili Cebu City v. Department of
Agrarian Reform, G.R. No. 140847 (2005)]. To ensure that evictions and demolitions are
conducted in a just and human manner,
3. Urban Land Reform and Housing Section 28, Para. 2 of R.A. No. 7279
commands officials to comply with the
SECTION 9, ARTICLE XIII. The State shall, by law, prescribed procedure in executing eviction
and for the common good, undertake, in cooperation
and/or demolition orders:
Page 102 of 384
4. Health
a. Notice upon the affected persons or entities
at least thirty (30) days prior to the date of
SECTION 9, ARTICLE XIII. The State shall adopt an
eviction or demolition;
integrated and comprehensive approach to health
development which shall endeavor to make
b. Adequate consultations on the matter of essential goods, health and other social services
settlement with the duly designated available to all the people at affordable cost. There
representatives of the families to be resettled shall be priority for the needs of the underprivileged,
and the affected communities in the areas sick, elderly, disabled, women, and children. The
State shall endeavor to provide free medical care to
where they are to be relocated;
paupers.
c. Presence of local government officials or
their representatives during eviction or
demolition; With the State's obligation to protect and
promote the right to health of the people and
d. Proper identification of all persons taking instill health consciousness among them
part in the demolition; (Article II, Section 15, 1987 Constitution), in
order to develop a healthy and alert citizenry
e. Execution of eviction or demolition only (Article XIV Section 19(1)), it became
during regular office hours from Mondays to mandatory for the government to supervise
Fridays and during good weather, unless the and control the proliferation of drugs in the
affected families consent otherwise; market.
f. No use of heavy equipment for demolition The BFAD is the government agency vested by
except for structures that are permanent and of law to make a mandatory and authoritative
concrete materials; determination of the true therapeutic effect of
drugs because it involves technical skill which
g. Proper uniforms for members of the is within its special competence. The health of
Philippine National Police who shall occupy the the citizenry should never be compromised
first line of law enforcement and observe [People v. Estrada, G.R. No. 124461 (2000)].
proper disturbance control procedures; and
The right to health in Articles XV and II is self-
h. Adequate relocation, whether temporary or executing. [Imbong v. Ochoa, supra]
permanent: Provided, however, That in cases
of eviction and demolition pursuant to a court 5. Women
order involving underprivileged and homeless SECTION 14, ARTICLE XIII. The State shall protect
citizens, relocation shall be undertaken by the working women by providing safe and healthful
local government unit concerned and the working conditions, taking into account their
National Housing Authority with the assistance maternal functions, and such facilities and
of other government agencies within forty-five opportunities that will enhance their welfare and
(45) days from service of notice of final enable them to realize their full potential in the
service of the nation.
judgment by the court, after which period the
said order shall be executed: Provided, further,
That should relocation not be possible within In Saudia v. Rebesencio [G.R. No. 198587
the said period, financial assistance in the (2015)], Rebesencio et. al. were not granted
amount equivalent to the prevailing minimum with their maternity leaves and were
daily wage multiplied by sixty (60) days shall be subsequently terminated by Saudia due to their
extended to the affected families by the local pregnancy.
government unit concerned [Kalipunan ng
Damayang Mahihirap v. Robredo, G.R. No. The Court ruled that Saudia's policy is
200903 (2014)]. discriminatory. There is the glaringly
discriminatory nature of Saudia's policy since it
entails the termination of employment of flight
attendants who become pregnant. At the risk of
Page 103 of 384

stating the obvious, pregnancy is an C. Commission on Human
occurrence that pertains specifically to women.
Rights
Saudia's policy excludes from and restricts
employment based on no other consideration SECTION 17(1) & (3), ARTICLE XIII.
but sex. It would be the height of iniquity to view (1) There is hereby created an independent office
pregnancy as a disability so permanent and called the Commission on Human Rights.
immutable that it must entail the termination of
(3) Until this Commission is constituted, the existing
one's employment. The respondents were Presidential Committee on Human Rights shall
illegally terminated. continue to exercise its present functions and
powers.
6. Role and Rights of People’s
Organization
1. Powers
SECTION 15, ARTICLE XIII. The State shall respect a. Investigate, on its own or on complaint by
the role of independent people’s organizations to
enable the people to pursue and protect, within the
any party, all forms of human rights violations
democratic framework, their legitimate and collective involving civil and political rights;
interests and aspirations through peaceful and
lawful means. b. Adopt its operational guidelines and rules of
procedure, and cite for contempt for violations
People’s organizations are bona fide associations of thereof in accordance with the Rules of Court;
citizens with demonstrated capacity to promote the
public interest and with identifiable leadership,
membership, and structure. c. Provide appropriate legal measures for the
protection of human rights of all persons within
the Philippines, as well as Filipinos residing
7. Cultural abroad, and provide for preventive measures
SECTION 22, ARTICLE II. The State recognizes and legal aid services to the underprivileged
and promotes the rights of indigenous cultural whose human rights have been violated or
communities within the framework of national unity need protection;
and development.
d. Exercise visitorial powers over jails, prisons,
SECTION 5, ARTICLE XII. The State, subject to the
or detention facilities;
provisions of this Constitution and national
development policies and programs, shall protect
the rights of indigenous cultural communities to their e. Establish a continuing program of research,
ancestral lands to ensure their economic, social, and education, and information to enhance respect
cultural well-being. for the primacy of human rights;
SECTION 15, ARTICLE XIV. Arts and letters shall
f. Recommend to Congress effective measures
enjoy the patronage of the State. The State shall
conserve, promote, and popularize the nation’s to promote human rights and to provide for
historical and cultural heritage and resources, as compensation to victims of violations of human
well as artistic creations. rights, or their families;
SECTION 17, ARTICLE XIV. The State shall g. Monitor the Philippine Government's
recognize, respect, and protect the rights of
compliance with international treaty obligations
indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions. It on human rights;
shall consider these rights in the formulation of
national plans and policies. h. Grant immunity from prosecution to any
person whose testimony or whose possession
of documents or other evidence is necessary
The National Commission on Indigenous
or convenient to determine the truth in any
People (NCIP) was established to protect and
investigation conducted by it or under its
promote the interest and well-being of ICCs/IPs
authority;
with due regard to their beliefs, customs and
institutions (R.A. 8371).
Page 104 of 384
i. Request the assistance of any department, • Majority must be members of the
bureau, office, or agency in the performance of Philippine bar
its functions;
Terms [Sec. 2(c)]:
j. Appoint its officers and employees in • The term of office is fixed at 7 years,
accordance with law; and without reappointment.
• The terms of office are not staggered.
k. Perform such other duties and functions as • Appointment to a vacancy is only for
may be provided by law [Section 18, Article the unexpired portion of the term.
XIII, 1987 Constitution].
Executive Order 163-A, which provided that the
The Constitution clearly and categorically members of the CHR serve “at the pleasure of
grants to the Commission the power to the president”, is unconstitutional as it violates
investigate all forms of human rights violations the independence of the CHR. While they may
involving civil and political rights. But it cannot be sanctioned or even removed (e.g., by the
try and decide cases (or hear and determine Ombudsman), it must be for cause. [See
causes) as courts of justice, or even quasi- Bautista v. Salonga, supra]
judicial bodies do.
Note: Members of the CHR are not
To investigate is not to adjudicate or adjudge impeachable officers, and the CHR is not
[Cariño v. CHR, G.R.No. 96681 (1991)]. among the constitutional commissions.
The Commission is not a court of justice or a

quasi-judicial body. The Commission cannot
III. EDUCATION, SCIENCE,
try and resolve cases on merits as it is not TECHNOLOGY, ARTS,
within its power to investigate. Its power to
investigate is only fact-finding. When providing
CULTURE, AND SPORTS
preventive measures, it can file a case before
a court to represent victims [EPZA v. CHR, A. Academic Freedom
G.R. No. 101476 (1992)]. 1987 Constitution
2. Composition and Qualification of Section 5, Article XIV. (1) the State shall take into
Members account regional and sectoral needs and conditions
and shall encourage local planning in the
SECTION 17(2), ARTICLE XIII. The Commission development of educational policies and programs.
shall be composed of a Chairman and four Members
who must be natural-born citizens of the Philippines (2)Academic freedom shall be enjoyed in all
and a majority of whom shall be members of the Bar. institutions of higher learning.
The term of office and other qualifications and
disabilities of the Members of the Commission shall (3) Every citizen has a right to select a profession or
be provided by law. course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
The CHR’s terms and qualifications are defined (4) The State shall enhance the right of teachers to
in EO 163 series of 1987. Under this: professional advancement. Non-teaching academic
and non-academic personnel shall enjoy the
protection of the State.
Qualifications [Sec 2(a)]:
• Natural-born Filipinos (5) The State shall assign the highest budgetary
• At least 35 years of age at the time of priority to education and ensure that teaching will
appointment. attract and retain its rightful share of the best
available talents through adequate remuneration
• must not have been candidates for any
and other means of job satisfaction and fulfillment.
elective position in the elections
immediately preceding their
appointment
Page 105 of 384

Section 17, Article II. The State shall give priority to

There is a marked distinction between the
education, science and technology, arts, culture, treatment of non-stock, non-profit educational
and sports to foster patriotism and nationalism, institutions and proprietary educational
accelerate social progress, and promote total human institutions. The tax exemption granted to non-
liberation and development. stock, non-profit educational institutions is
conditioned only on the actual, direct and
Article XIV of the 1987 Constitution exclusive use of their revenues and assets for
guarantees all institutions of higher educational purposes. While tax exemptions
learning academic freedom. may also be granted to proprietary educational
institutions, these exemptions may be subject
This institutional academic freedom includes to limitations imposed by Congress [CIR v.
the right of the school or college to decide for DLSU, G.R. No. 196596 (2016)].
itself, its aims, and objectives, and how best to
attain them free from outside coercion or A simple reading of the Constitution would
interference save possibly when the overriding show that Article XIV, Section 4 (3) does not
public welfare calls for some restraint. Indeed, require that the revenues and income must
the Constitution allows merely the State's have also been earned from educational
regulation and supervision of educational activities or activities related to the purposes of
institutions, and not the deprivation of their an educational institution. The phrase "all
rights [Son v. UST, G.R. No. 211273 (2018)]. revenues" is unqualified by any reference to
the source of revenues. Thus, so long as the
The essential freedoms subsumed in the term revenues and income are used actually,
academic freedom encompasses the freedom directly and exclusively for educational
to determine for itself on academic grounds: purposes, then said revenues and income shall
1. Who may teach be exempt from taxes and duties [La Sallian
2. What may be taught Educational Innovators Foundation v. CIR,
3. How it shall be taught, and G.R. No. 202792 (2019)].
4. Who may be admitted to study [Pena v.
NLRC, G.R. No. 100629 (1996)] NATIONAL ECONOMY AND
PATRIMONY
B. Constitutional Tax
Exemptions for Certain I. REGALIAN DOCTRINE
Educational Institutions
SECTION 2, ARTICLE XII. All lands of the public
Section 4(3) & (4), Article XIV. domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy,
(3) All revenues and assets of non-stock, non-profit fisheries, forests or timber, wildlife, flora and fauna,
educational institutions used actually, directly, and and other natural resources are owned by the
exclusively for educational purposes shall be State. With the exception of agricultural lands, all
exempt from taxes and duties. Upon the dissolution other natural resources shall not be alienated.
or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the
manner provided by law.
Nationality and Citizenship Requirement
Provisions
Proprietary educational institutions, including those Filipino Filipino Filipino
cooperatively owned, may likewise be entitled to Citizens, or Citizens, or Citizens, or
such exemptions, subject to the limitations provided 100% Filipino 60-40% 70-30%
by law, including restrictions on dividends and Corporations Filipino Filipino
provisions for reinvestment. Corporations Corporations
(4) Subject to conditions prescribed by law, all

Use and Coproductio Engagement
grants, endowments, donations, or contributions
used actually, directly, and exclusively for enjoyment of n, Joint in advertising
educational purposes shall be exempt from tax. marine venture, and industry
Page 106 of 384

Filipino Filipino Filipino Filipino Filipino Filipino

Citizens, or Citizens, or Citizens, or Citizens, or Citizens, or Citizens, or
100% Filipino 60-40% 70-30% 100% Filipino 60-40% 70-30%
Corporations Filipino Filipino Corporations Filipino Filipino
Corporations Corporations Corporations Corporations
wealth, Production [Section 11, Small-scale Operation of

exclusive to sharing Article utilization of public
Filipino agreements XVI] natural utilities
citizens over natural resources, [Section 11,
[Section 2, resources as may be Article XII]
par. 2, Article [Section provided by Cannot be
XII] 2(1), Article law for longer
XII] [Section period than
Agreements 2(3), Article 50 years
shall not XII] Executive
exceed a and
period of 25 managing
years officers must
renewable be Filipino
for another
25 years Note: To
stimulate
investment,
Rules on Educational the
agricultural Institutions government
lands [Section recently
[Section 3, 4(2), Article passed R.A.
Article XII] XIV] No. 11659,
(1) Citizens approved by
may lease Congress the President
only < 500 may on March 21,
ha. increase 2022 and
(2) Citizens Filipino effective on
may acquire equity April 9, 2022.
by purchase, participation. (See more
homestead below).
or grant only
< 12 ha.
General Rule: The Constitution holds that
Practice of Areas of private corporations or associations may not
professions, Investment hold alienable lands of the public domain.
save in as Congress
cases may Exception: Qualified corporations may hold
provided by prescribe land through lease, for a period not exceeding
law (Congress 25 years, renewable for not more than 25
[Section may years, and not to exceed 1000 ha. in area
14(2), Article prescribe a [Section 3, Article XII, 1987 Constitution].
XII] higher
percentage) As land is a natural resource, a qualified
[Section 10, corporation is one that complies with the 60%
Article XII] Filipino capital requirement in Art. XII, Sec. 2.
Page 107 of 384

A joint venture falls within the purview of an 1. That the foreign investors provide practically
“association” pursuant to Section 11, Article all the funds for the joint investment undertaken
XII. It must comply with the 60-40% Filipino by these Filipino businessmen and their foreign
foreign capitalization requirement [JG Summit partner;
Holdings v. CA, G.R. No. 124293 (2000)]. 2. That the foreign investors undertake to
provide practically all the technological support
What “capital” is covered – The 60% for the joint venture;
requirement applies to both the voting control 3. That the foreign investors, while being
and the beneficial ownership of the public minority stockholders, manage the company
utility. Therefore, it shall apply uniformly, and prepare all economic viability studies.
separately, and across the board to all classes
of shares, regardless of nomenclature or When there is doubt, both Control Test and
category, comprising the capital of the Grandfather Rule must be satisfied.
corporation (e.g., 60% of common stock, 60%
of preferred voting stock, and 60% of preferred Note: If the Filipino has the voting power of the
non-voting stock) [Gamboa v. Teves, G.R. No. "specific stock", or the Filipino has the
176579 (2012)]. investment power over the "specific stock", or
both, then such Filipino is the "beneficial
2. Tests of Compliance on National owner" of that "specific stock."
Requirements Being considered Filipino, that "specific stock"
is then to be counted as part of the 60% Filipino
Level 1: Direct Ownership Level ownership requirement under the Constitution.
Capital requirement refers to total voting The right to the dividends, jus fruendi - a right
stock, not total outstanding shares [Gamboa v. emanating from ownership of that "specific
Teves, G.R. No. 176579 (2011)]. stock" necessarily accrues to its Filipino
"beneficial owner" [Roy III v. Herbosa, G.R. No.
Capital restrictions apply not just to the voting 207246 (2016)].
stock, but also separately to each class of
shares [Gamboa v. Teves, G.R. No. 176579 3. Filipino First
(2012)]. SECTION 10, PARA. 2-3, ARTICLE XII. In the
grant of rights, privileges, and concessions
Level 2: Indirect Ownership Level covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.
Based on Narra Nickel Mining and Dev’t Corp.
The State shall regulate and exercise authority over
v. Redmont Consolidated Mines Corp. [G.R.
foreign investments within its national jurisdiction
No. 195580 (2014)]: and in accordance with its national goals and
priorities.
General Rule – Control Test
Shares belonging to juridical entities at least
60% of the capital of which is owned by Filipino Such provision is per se enforceable and
citizens shall be considered as of Philippine requires no further guidelines or implementing
nationality. rules or laws for its operation [Manila Prince
Hotel v. GSIS, G.R. No. 122156 (1997)].
Exception – Grandfather Rule
The combined totals in the Investing The Constitution does not impose a policy of
Corporation and the Investee Corporation must Filipino monopoly of the economic
be traced (i.e., “grandfathered”) to determine environment. It does not rule out the entry of
the total percentage of Filipino ownership. foreign investments, goods, and services.
While it does not encourage their unlimited
Indicators of Doubt [Narra Nickel Mining and entry into the country, it does not prohibit them
Dev’t Corp. v. Redmont Consolidated Mines either.
Corp., G.R. No. 195580 (2015)]
Page 108 of 384

In fact, it allows an exchange on the basis of While the newly amended law may attract
equality and reciprocity, frowning only on critically-needed investment, some may
foreign competition that is unfair [Tañada v. consider the law’s liberality as going against
Angara, G.R. No. 118295 (1997)]. the conservation of national patrimony.
Therefore, to ensure a Filipino-controlled
SECTION 12, ARTICLE XII. The State shall promote national economy, below are 5 safeguards:
the preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt 1. The President has the power to
measures that help make them competitive. suspend or prohibit any investment in
public services in the interest of
4. R.A. No. 11659 R.A. No. 11659 amended national security upon the review,
the 86-year-old Public Service Act (C.A. No. evaluation, and recommendation of the
146). relevant government agencies;
a. Public Utility Definition [Section 13(d), 2. Restrictions are imposed on foreign

C.A. No. 146, as amended by R.A. No. state-owned enterprises (SOEs)
11659] owning capital in a public service
Public utility refers to a public service that classified as public utility or critical
operates, manages, or controls, for public use, infrastructure;
any of the following:
1. Distribution of Electricity; 3. Information security clauses ensure
2. Transmission of Electricity; that entities engaged in the
3. Petroleum and Petroleum Products telecommunications business meet
Pipeline Transmission Systems; relevant ISO standards;
4. Water Pipeline Distribution Systems
and Wastewater Pipeline Systems, 4. The reciprocity clause prevents foreign
including sewerage pipeline systems; nationals from owning more than 50%
5. Seaports; and of capital in the operation and
6. Public Utility Vehicles. management of critical infrastructure
unless the foreign nationals’ home
All concessionaires, joint ventures, and similar countries accord reciprocity to
entities that wholly operate, manage, or Philippine nationals; and
control, for public use, the sectors above are
public utilities. 5. The performance audit provision
mandates an independent evaluation
The 60-40 restriction is now limited to entities to monitor the cost, the quality of
classified as a public utility under R.A. No. services provided to the public, and the
11659 in accordance with Section 11, Article ability of the public service provider to
XII of the 1987 Constitution. immediately and adequately respond
to emergency cases.
These key sectors are considered natural
monopolies where a single firm can effectively
serve the market at a lower cost than two or II. PUBLIC TRUST
more firms. DOCTRINE
b. Foreign-Ownership of Public Services (Maynilad Water Services, Inc. v. Secretary of
Key industries such as telecommunications, the Department of Environment and Natural
expressways, airports, and shipping have been Resources, G.R. Nos. 202897, 206823 &
removed from the category of public utility. 207969, [August 6, 2019])
Under the new law, these industries may now
be 100% foreign-owned. Public Trust as a Continuing Supervision
Over the Taking and Use of Natural
c. Safeguards Resources
Page 109 of 384
Essence of Public Trust Doctrine
The doctrine speaks of an imposed duty upon In essence, "[t]he public trust doctrine is based
the State and its representative of continuing on the notion that private individuals cannot
supervision over the taking and use of fully own trust resources but can only hold them
appropriated water. Thus, "[p]arties who subject to a servitude on behalf of the public."
acquired rights in trust property [only hold]
these rights subject to the trust and, therefore, "States can accomplish this goal more
could assert no vested right to use those rights efficiently through statutory regulation" which
in a manner harmful to the trust." was essentially done through the legislation of
the Clean Water Act, and the urgency and
The doctrine further holds that certain natural significance of which is now fortified by the
resources belong to all and cannot be privately courts under the Public Trust Doctrine as
owned or controlled because of their inherent clamored for by the circumstances of this case.
importance to each individual and society as a
whole.
III. EXPLORATION,
A clear declaration of public ownership, the
doctrine reaffirms the superiority of public
DEVELOPMENT, AND
rights over private rights for critical resources. UTILIZATION OF NATURAL
It impresses upon states the affirmative duties
of a trustee to manage these natural resources
RESOURCES
for the benefit of present and future
generations and embodies key principles of 1. La Bugal-B’laan Tribal Assn. v.
environmental protection: stewardship, Ramos [G.R. No. 127882, (2004)]
communal responsibility, and sustainability.
The State, being the owner of the natural
Duty of State as Trustee of Natural resources, is accorded the primary power and
Resources responsibility in the exploration, development
and utilization thereof.
In this framework, a relationship is formed —
"the [s]tate is the trustee, which manages As such it may undertake these activities
specific natural resources — the trust principal through four modes:
— for the trust principal — for the benefit of the
current and future generations — the Directly. The State may directly undertake
beneficiaries." such activities
"[T]he [S]tate has an affirmative duty to take the Co-Production/JV/Production-Sharing. The

public trust into account in the planning and State may enter co-production, joint venture or
allocation of water resources, and to protect production-sharing agreements with Filipino
public trust uses whenever feasible." citizens or qualified corporations
Public as the Beneficial Owner of Trust By Law. Congress may, by law, allow small-
Resources scale utilization of natural resources by Filipino
These exigencies forced the public trust citizens; or
doctrine to evolve from a mere principle to a
resource management term and tool flexible Presidential Agreements. For the large- scale
enough to adapt to changing social priorities exploration, development and utilization of
and address the correlative and consequent minerals, petroleum and other mineral oils, the
dangers thereof. The public is regarded as President may enter into agreements with
the beneficial owner of trust resources, and foreign-owned corporations involving technical
courts can enforce the public trust doctrine or financial assistance subject to the following
even against the government itself. limitations:
Page 110 of 384

As to Parties. Only the President, on
FTAA Service
behalf of the State, may enter into
Contract
these agreements, and only with
corporations. only with a “foreign person
corporations or entity”
As to Size of the Activities. Only
large-scale exploration, development Size of Only large- Contractor
and utilization is allowed, i.e., very Activities scale provides
capital-intensive activities exploration, all necessary
development services and
As to intent. The natural resources , and technology and
subject of the activities is restricted to utilization the requisite
minerals, petroleum and other mineral financing,
oils, the intent being to limit service performs the
contracts to those areas where Filipino exploration work
capital may not be sufficient. obligations, and
assumes all
FTAA Requirements exploration risks
i. Consistency with the Provisions of Statute Natural Minerals, Virtually the

is necessary. The FTAA must be in Sources petroleum, entire range of
accordance with the terms and conditions Covered and other the country’s
provided by law. mineral oils natural resources
ii. The FTAA must be based on real Scope of Involving Contractor

contributions to economic growth and general Agreement either provides financial
welfare of the country. technical or or technical
financial resources,
iii. The FTAA must contain rudimentary assistance undertakes the
stipulations for the promotions of the exploitation or
development and use of local scientific and production of a
technical resources. given resource,
or directly
As to the Notification Requirement. The manages the
President shall notify Congress of every FTAA productive
entered within 30 days from its execution. enterprise,
operations of the
Scope of the FTAA. Only for agreements exploration and
involving either financial or technical exploitation of
assistance and does not include “service the resources or
contracts” and “management or other forms of the disposition of
assistance” [La Bugal-B’Laan Tribal Assn. v. marketing or
Ramos, G.R. No. 127882 (2004)]. resources
2. FTAA v. Service Contract 3. Service Contracts Not Prohibited
FTAA Service The following are valid:

Contract a. Financial and Technical Assistance
Agreements (FTAA): even supposing
Only the A Filipino citizen, they are service contracts, these are
Who may President (in corporation or not prohibited agreements in the
Participate behalf of the association with contemplation of the Constitution
State), and
Page 111 of 384
b. Philippine Mining Law (R.A. No. 7942) 3. Mineral Lands
4. National Park [Section 3, Article XII,
c. Its Implementing Rules and 1987 Constitution]
Regulations, insofar as they relate to
financial and technical agreements Note: The classification of public lands is a
function of the executive branch, specifically
The Constitution should be construed to grant the Director of the Land Management Bureau
the President and Congress sufficient (formerly Director of Lands). The decision of
discretion and reasonable leeway to enable the Director, when approved by the Secretary
them to attract foreign investments and of the DENR, as to questions of fact, is
expertise, as well as to secure for our people conclusive upon the courts [Republic v.
and our posterity the blessings of prosperity Imperial, G.R. No. 130906 (1999)].
and peace.
It is not unconstitutional to allow a wide degree Alienable lands of the public domain shall be
of discretion to the Chief Executive, given the limited to agricultural lands [Section 3, Article
nature and complexity of such agreements, the XII, 1987 Constitution].
humongous amounts of capital and financing
required for large-scale mining operations, the To prove that the land subject of an application
complicated technology needed, and the for registration is alienable, an applicant must
intricacies of international trade, coupled with conclusively establish the existence of a
the State’s need to maintain flexibility in its positive act of the government such as a
dealings, to preserve and enhance our presidential proclamation or an executive order
country’s competitiveness in world markets [La or a legislative act or statute [Republic v.
Bugal-B’laan Tribal Assn. v. Ramos, supra]. Candymaker, Inc., G.R. No. 163766 (2006)].
Requisites for a Valid Service Contract Foreshore land is that part of the land which is
under the Constitution between the high and low water, and left dry by
the flux and reflux of the tides. It is part of the
a. A general law that will set standards or alienable land of the public domain and may be
uniform terms, conditions, and disposed of only by lease and not otherwise
requirements [Republic v. Imperial, supra].
b. The president shall be the signatory for B. Private Lands

the government
General Rule: No private lands shall be
c. Within thirty (30) days of the executed transferred or conveyed except to individuals,
agreement, the President shall report it corporations, or associations qualified to
to Congress acquire or hold lands of the public domain
[Section 7, Article XII, 1987 Constitution].
Exceptions:
IV. ACQUISITION, 1. Hereditary succession [Section 7,
OWNERSHIP, AND Article XII, 1987 Constitution]
TRANSFER OF PUBLICAND 2. A natural-born citizen of the Philippines
PRIVATE LANDS who has lost his Philippine citizenship
may be a transferee of private lands,
subject to limitations provided by law
A. Lands of Public Domain [Section 8, Article XII, 1987
Constitution].
Lands of the Public Domain are classified
into: The primary purpose of the
1. Agricultural Lands constitutional prohibition disqualifying
2. Forest or Timber Lands aliens from acquiring lands of the
Page 112 of 384
public domain and private lands is the British husband. Being an alien, the husband is
conservation of the national economy absolutely prohibited from acquiring private
and patrimony [Muller v. Muller, G.R. and public lands in the Philippines even if he
149615 (2006)]. claims that he provided funds for such
acquisition.
Consequence of sale to non-citizens
Any sale or transfer in violation of the
prohibition is null and void [Ong Ching Po v. VI. CONCEPT OF
CA, G.R. Nos. 113472-73 (1994)].
ANCESTRAL DOMAIN
When a disqualified foreigner later sells it to a (INCLUDING ANCESTRAL
qualified owner (e.g. Filipino citizen), the defect
is cured. The qualified buyer owns the land
LANDS)
[Godinez v. Pak Luen, G.R. No L-36731
(1983)]. SECTION 5, ARTICLE XII. The State, subject to the
provisions of this Constitution and national
Can a former owner file an action to recover development policies and programs, shall protect
the rights of indigenous cultural communities to their
the property? ancestral lands to ensure their economic, social, and
cultural well-being.
Yes. The Court in Philippine Banking Corp. v.
Lui She [G.R. No. L-17587 (1967)] provided an The Congress may provide for the applicability of
exception to the application of the principle of customary laws governing property rights or
in pari delicto. Thus, the action will lie. relations in determining the ownership and extent of
ancestral domain.
However, land sold to an alien which was later

transferred to a Filipino citizen OR when the 1. Ancestral domains
alien later becomes a Filipino citizen can no
longer be recovered by the vendor, because Ancestral domain – an all-embracing concept
there is no longer any public policy involved which refers to lands, inland waters, coastal
[Sarsosa vda. de Barsobia v. Cuenco, G.R. No. areas, and natural resources therein and
L-33048 (1982); Republic v. IAC, G.R. No. includes ancestral lands, forests, pasture,
74170 (1989)]. residential, agricultural, and other lands
individually owned whether alienable or not,
Foreigners are allowed to own condominium hunting grounds, burial grounds, worship
units and shares in condominium corporations areas, bodies of water and other natural
up to not more than 40% of the total and resources. They include lands which longer be
outstanding capital stock of a Filipino-owned or exclusively occupied by indigenous cultural
controlled corporation. Under this set up, the communities but to which they have
ownership of the land is legally separated from traditionally had access for their subsistence
the unit itself. and traditional activities.
The land is owned by a Condominium Ancestral land – a narrower concept. It refers

Corporation and the unit owner is simply a to those held under the same conditions as
member in this Condominium Corporation. ancestral domain but limited to lands that are
Provided that 60% of the members of this not merely occupied and possessed but are
Condominium Corporation are Filipinos, the also utilized by cultural communities under the
remaining members can be foreigners [Hulst v. claim of individual or traditional group
PR Builders, G.R. No. 156364 (2008)]. ownership. These include but are not limited to
residential lots, rice terraces or paddies, private
In Matthews v. Taylor [G.R. No. 164584 forests, farms and tree lots.
(2009)], the Court upheld the validity of an
Agreement of Lease of a parcel of land a 2. Ancestral land
Filipino wife entered, without the consent of her
Page 113 of 384

The ancestral lands referred to in Section 5 of (3) the law contravenes the provision
the Constitution include both those outside and which says that all natural resources
those inside autonomous regions. For the belong to the state.
purpose of protecting indigenous cultural
communities, the provision in effect authorizes
Congress to prescribe how priorities are to be VII. PRACTICE OF
determined in case of conflict between civil law
and customary law.
PROFESSIONS
The law passed by Congress. R.A. No. 8371, 1987 Constitution
was assailed as unconstitutional on the ground
Section 14, Article XII. The practice of all
that it deprived the State of its ownership over
professions in the Philippines shall be limited to
lands of the public domain and the natural Filipino citizens, save in the case prescribed by law.
resources in them. The vote of the Supreme
Court on the subject, in Cruz v. Secretary was
equally divided, 7-7 and therefore meant that Like the legal profession, the practice of
validity was upheld. medicine is not a right, but a privilege burdened
with conditions as it directly involves the very
The opinion defending constitutionality held the lives of the people. A fortiori, this power
following: includes the power of Congress to prescribe
the qualifications for the practice of professions
(1) Ancestral domain and ancestral lands are or trades which affect the public welfare, the
not part of lands of the public domain. They are public health, the public morals, and the public
private and belong to indigenous people. safety; and to regulate or control such
Section 5 commands the State to protect the professions or trades, even to the point of
rights of indigenous people. Carino v. Insular revoking such right altogether [Imbong v.
Government recognized native title held by Ochoa, supra].
Filipinos from time immemorial and excluded
them from the coverage of jura regalia. The Philippines allows Japanese nationals to
practice the medical profession, provided he
(2) The right of ownership granted does not has taken and passed the medical board
include natural resources. The right to examination and upon submission of a proof of
negotiate terms and conditions over natural reciprocity between Japan and the Philippines
resources covers only exploration to ensure in admitting foreigners into the practice of
environmental protection. It is not a grant of medicine. It is enough that the laws in the
exploration rights. (3) The limited right of foreign country permit a Filipino to get license
management refers to utilization as expressly and practice therein.
allowed in Section 2, Article XII. (4) What is
given is priority right, not exclusive right. It does However, the power to regulate the exercise of
not preclude the State from entering into co- a profession or pursuit of an occupation cannot
production, joint venture, or production sharing be exercised by the State or its agents in an
agreements with private entities. arbitrary, despotic or oppressive manner
[Board of Medicine v. Ota, G.R. No. 166097
The opinion assailing the constitutionality of the (2008)].
law held the following:
(1) the law amounts to an abdication of

state authority over a significant area of
the country's patrimony;
(2) it relinquishes full control of natural
resources in favor of indigenous
people;
Page 114 of 384

CONSTITUTIONAL LAW 2
INTERNATIONAL LAW
Art. III contains the chief protection for human
rights, but the body of the Constitution
CONSTITUTIONAL guarantees other rights as well.
LAW 2 1. Civil Rights - Rights that belong to an

individual by virtue of his citizenship in a
state or community (e.g., rights to property,
I. BILL OF RIGHTS marriage, freedom to contract, equal
protection, etc.).
A. Private Acts and the Bill of 2. Political Rights - Rights that pertain to an
Rights individual’s citizenship vis-à-vis the
management of the government (e.g., right
The Bill of Rights, in General of suffrage, right to petition government for
It is a declaration and enumeration of a redress, right to hold public office, etc.).
person’s fundamental civil and political rights. 3. Social and Economic Rights – Rights
It also imposes safeguards against violations which are intended to insure the well-being
by the government, by individuals, or by groups and economic security of the individual.
of individuals. 4. Rights of the Accused – Civil rights
intended for the protection of a person
The Bill of Rights governs the relationship accused of any crime.
between the individual and the state. Its
concern is not the relation between individuals, Application to Private Individuals
between a private individual and other The Bill of Rights cannot be invoked against
individuals. What the Bill of Rights does is to acts of private individuals. The equal protection
declare some forbidden zones in the private erects no shield against private conduct,
sphere inaccessible to any power holder however discriminatory or wrongful [Yrasuegui
[People v. Marti, G.R. No. 81561 (1991)]. v. PAL, G.R. No. 168081 (2008)].
In a democracy, the preservation and Constitutional protection applies to government

enhancement of the dignity and worth of the action and is meant as a restraint against
human personality is the central core as well as sovereign authority. The Bill of Rights is not
the cardinal article of faith of our civilization. meant to be invoked against private
The inviolable character of man as an individuals, and governs relations between
individual must be “protected to the largest individuals and the state [People v. Marti,
possible extent in his thoughts and in his beliefs supra].
as the citadel of his person.”
Private Acts
The Bill of Rights is designed to preserve the The principle that the Bill of Rights applies only
ideals of liberty, equality and security “against to actions taken by state officials does not
the assaults of opportunism, the expediency of necessarily mean that a private individual
the passing hour, the erosion of small cannot violate the liberty of another. Violation
encroachments, and the scorn and derision of of the Bill of Rights precisely as a constitutional
those who have no patience with general guarantee can be done only by public officials.
principles [Philippine Blooming Mills But almost all these liberties are also
Employment Organization v. Philippine guaranteed by Art. 32 of the Civil Code, thus
Blooming Mills, Co., G.R. No. L-31195 (1973)]. making private violations actionable even if the
violation does not have a constitutional
It is self-executing. It is recognized that consequence [Bernas, the 1987 Constitution of
legislation is unnecessary to enable courts to the Republic of the Philippines: A Commentary,
effectuate constitutional provisions 2009].
guaranteeing the fundamental rights of life,
liberty and the protection of property [Gamboa
v. Teves, G.R. No. 176579 (2011)].
Page 116 of 384
B. Due Process Scope
Universal in application to all persons without
regard to any difference in race, color or
Article III, Section 1. No person shall be deprived
nationality. Artificial persons are covered by the
of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection protection but only insofar as their property is
of the laws. concerned [Smith Bell and Co. v. Natividad,
G.R. No. 15574 (1919)].
Article XIII, Section 1. The Congress shall give The guarantee extends to aliens and includes
highest priority to the enactment of measures that the means of livelihood [Villegas v. Hiu Chiong,
protect and enhance the right of all the people to G.R. No. L-29646 (1978)].
human dignity, reduce social, economic, and
political inequalities by equitably diffusing wealth
and political power for the common good. 1. Procedural and Substantive
Definition Substantive Procedural

Due process furnishes a standard to which the Due Process Due Process
governmental action should conform in order
that deprivation of life, liberty or property, in Nature Requires that Refers to the
each appropriate case, be valid [Ermita-Malate the law must method or
Hotel and Motel Operators Association v. City be fair, manner by
Mayor of Manila, G.R. No. L-24693 (1967)]. reasonable, which a law is
just. enforced.
Constitutional Due Statutory Due
Process Process Essence Fairness and Notice and
justice hearing
Protects the Found in the Who Lawmakers The

individual from the statutes (e.g., Labor should adjudicating
government and Code and comply body or officer
assures him of his Implementing
rights in criminal, Rules) and protects a. Substantive Due Process
civil, or employees from
administrative being unjustly
Requisites of Substantive Due Process
proceedings. terminated without
Due process of law simply means that:
just cause after
1. There shall be a law prescribed in harmony
notice and hearing.
with the general powers of the legislative
Lack or deficiency in Lack or deficiency in department of the Government;
constitutional statutory procedural 2. This law shall be reasonable in its
procedural due due process does operation;
process voids the NOT void the 3. It shall be enforced according to the regular
decision made by the decision of the methods of procedure prescribed;
State. corporation or 4. It shall be applicable alike to all the citizens
company, if the of the state or to all of a class [Rubi v.
dismissal is found to Provincial Board of Mindoro, G.R. No.
have been made 14078 (1919)].
with just cause. It
would only give rise Substantive due process requires that the
to claims for means employed in depriving persons of
nominal damages. property must not be unduly oppressive [SJS v.
Atienza Jr., G.R. No. 156052 (2008)].
[Agabon v. NLRC, G.R. No. 158693 (2004)].
Page 117 of 384

Expanded Test of Substantive Due nature of the property involved or the urgency
Process of the need to protect the general welfare from
1. Is there public interest, public purpose, a clear and present danger.
public welfare involved?
2. Is the act reasonably necessary for the Instances when the need for expeditious
accomplishment of the legislature’s action will justify omission of these
purpose? requisites, (e.g., summary abatement of a
3. Is it not unreasonable, arbitrary, or nuisance per se like a mad dog on the loose,
oppressive? which may be killed on sight) because of the
4. Is there sufficient foundation or reason in immediate danger it poses to the safety and
connection with the manner involved or has lives of the people.
there been capricious use of legislative
power? 2. Void-for-Vagueness
5. Can the aims conceived be achieved by
the means used, or is it not merely an Facial challenge is allowed because of
unjustified interference [Ichong v. possible chilling effect upon protected speech.
Hernandez, G.R. No. L-7995 (1957)]?
OVERBREADTH VOID FOR
Lawful Subject
VAGUENESS
The interests of the public in general (as
distinguished from those of a particular class) Both are unconstitutional.
require the intervention of the State; and
A law is A law is
Lawful Means unconstitutional unconstitutional
The means employed are reasonably because a because it fails to
necessary for the accomplishment of the government purpose accord persons fair
purpose and not unduly oppressive on may not be achieved notice of the conduct
individuals. by means which to avoid. Law
sweep unnecessarily enforcers have
Publication of Laws broadly and thereby unbridled discretion
Before a person may be bound by law, he must invade the area of in carrying out its
be officially and specifically informed of its protected freedoms. provisions.
contents. For the publication requirement,
“laws” refer to all statutes, including those of An overbroad law A vague law must
local application and private laws. In other need not. lack clarity and
words, the publication of laws “of a public precision.
nature” or “of general applicability” is mandated
by law. Basis for overbroad Basis for void for
law is the means vagueness is the
This does not cover internal regulations issued sweep unnecessarily lack of
by administrative agencies, which are broadly. comprehensible
governed by the Local Government Code. standard.
Publication must be full, or there is none at all
Vague laws violate Overbroad laws
[Tañada v. Tuvera, G.R. No. L-63915 (1986)].
due process. invade protected
freedoms.
b. Procedural Due Process
General Rule: The minimum requirements of Both the void for vagueness doctrine and the
due process are notice and hearing. overbreadth doctrine are subject to the same
principles. For one, it is also an analytical tool
Exceptions: However, notice and hearing are for a “facial” challenge of statutes in free
not required in every case, for there are an speech cases. Like overbreadth, it is said that
admitted number of exceptions in view of the
Page 118 of 384

a litigant may challenge a statute on its face property which is the subject of proceeding.
only if it is vague in all its possible applications.
Service of summons is not only required to
Facial Invalidity Test give the court jurisdiction over the person
Whether the language conveys a sufficiently of the defendant but also to afford the latter
definite warning as to the proscribed conduct the opportunity to be heard on the claim
when measured by common understanding made against him. Thus, compliance with
and practice [Estrada v. Sandiganbayan, G.R. the rules regarding the service of summons
No. 148560 (2001)]. is as much an issue of due process as of
jurisdiction [Samartino v. Raon, G.R. No.
Applicability to Penal Statutes 131482 (2002)].
General rule: Void for vagueness and 3. The defendant must be given an
overbreadth are inapplicable to penal statutes. opportunity to be heard; and
4. Judgment must be rendered upon lawful
Rationale: Statutes have a general in terrorem hearing.
effect, which is to discourage citizens from 5. No decision shall be rendered by any court
committing the prohibited acts. without expressing therein clearly and
distinctly the facts and the law on which it
Exception: is based. No petition for review or motion
1. The statute is challenged as applied; or for reconsideration of a decision of the
2. The statute involves free speech. court shall be refused due course or denied
without stating the legal basis therefor [Art.
Rationale: Statute may be facially challenged VIII, Sec. 14].
in order to counter the “chilling effect” of the
same [Disini v. Sec. of Justice, G.R. No. Note: The SC reiterated that the right to appeal
203335 (2014)]. is not a natural right nor part of due process
[Alba v. Nitorreda, G.R. No. 120223 (1996)].
As-Applied vs. Facial Challenges
A facial invalidation is an examination of the In Criminal Proceedings
entire law, pinpointing its flaws and defects, not
only on the basis of its actual operation to the Article III, Section 14.
parties, but also on the assumption or (1) No person shall be held to answer for a criminal
prediction that its very existence may cause offense without due process of law.
others not before the court to refrain from
constitutionally protected speech or activities. Requisites of Criminal Due Process
On the other hand, an as-applied challenge [Art. III, Sec. 14(2)]
considers only extant facts affecting real
1. Accused is heard by a court of competent
litigants [Disini v. Sec. of Justice, supra]. jurisdiction;
2. Accused is proceeded against under the
3. Judicial and Administrative Due orderly process of law;
Process 3. Accused is given notice and opportunity to
be heard;
a. Due Process in Judicial 4. Judgment rendered is within the authority
Proceedings of a constitutional law [Mejia v. Pamaran,
G.R. No. 56741-42 (1988)].
Requisites of Due Process in Civil
Proceedings [Banco Español v. Palanca, b. Due Process in Administrative
G.R. No. L-11390 (1918)]: Proceedings
1. There must be a court or tribunal clothed
with judicial power to hear and determine Seven Cardinal Rights in Administrative
the matter before it. Proceedings [Ang Tibay v. CIR, G.R. No.
2. Jurisdiction must be lawfully acquired over 46496 (1940)]:
the person of the defendant or over
Page 119 of 384
1. The right to a hearing, which includes the disclosed to the parties can the latter be
right of the party interested or affected to protected in their right to know and meet
present his own case and submit evidence the case against them.
in support thereof. 6. The body must act on its or his own
2. Not only must the party be given an independent consideration of the law and
opportunity to present his case and to facts of the controversy, and not simply
adduce evidence tending to establish the accept the views of a subordinate in
rights which he asserts, but the tribunal arriving at a decision.
MUST consider the evidence presented. 7. The body must render its decision in such
3. The decision of the tribunal should be manner that the parties to the proceeding
supported by something. Must be based on can know the various issues involved, and
evidence. A decision with absolutely the reasons for the decisions rendered.
nothing to support it is a nullity [...].
4. The evidence supporting a finding or Note: The constitutional requirement that the
conclusion must be “substantial” (such judgment be in writing and promulgated is NOT
relevant evidence as a reasonable mind APPLICABLE to administrative decisions.
might accept as adequate to support a
conclusion). This does not include Ang Tibay is used as a basis for stating that
uncorroborated hearsay or rumors. quasi-judicial tribunals should render its
5. The decision must be rendered on the decision in such a manner that parties to the
evidence presented at the hearing, or at proceeding know the various issues involved
least contained in the record and disclosed and reasons for the decision [Serrano v. PSC,
to the parties affected. Only by confining G.R. No. L-24165 (1968)
the administrative tribunal to the evidence
Labor Cases and Academic Disciplinary Proceedings

Labor Cases Academic Disciplinary Proceedings
Twin requirements which constitute the essential 1. The students must be informed in writing of
elements of due process [Perez v. Philippine the nature and cause of any accusation
Telegraph and Telephone Company, G.R. No. against them;
152048, (2009)]: 2. They shall have the right to answer the
charges against them, with the assistance of
Notice counsel, if desired;
The employer must furnish the employee with 3. They shall be informed of the evidence
two written notices before the termination of against them;
employment can be effected: 4. They shall have the right to adduce evidence
1. The first is to apprise the employee of the in their own behalf;
particular acts or omissions for which his 5. The evidence must be duly considered by
dismissal is sought; and the investigating committee or official
2. The second informs the employee of the designated by the school authorities to hear
employer’s decision to dismiss him. and decide the case [Non v. Dames, G.R.
No. 89317 (1990)].
Hearing
Due process of law simply means giving The proceedings may be summary. Cross-
opportunity to be heard before judgment is examination is not an essential part of the
rendered. This “procedural due process” investigation or hearing. The required proof in a
requirement is not constitutional but merely student disciplinary action is substantial
statutory, hence, a violation of such requirement evidence. What is crucial is that official action
does not render the dismissal void. The must meet minimum standards of fairness to the
employer must be sanctioned for non- individual, which generally encompass the right
compliance with the requirements of, or for of adequate notice and a meaningful opportunity
to be heard [Id.].
Page 120 of 384
Labor Cases Academic Disciplinary Proceedings
failure to observe, due process [Serrano v.

NLRC, G.R. No. 117040. January 27, 2000].
C. Equal Protection Examples:

In Central Bank Employees Association v.
Concept BSP, the challenged proviso operates on the
All persons or things similarly situated must be basis of the salary grade or officer-employee
similarly treated both as to rights conferred and status. It is akin to a distinction based on
responsibilities imposed [Ichong v. Hernandez, economic class and status, with the higher
supra]. grades as recipients of a benefit specifically
withheld from the lower grades. Officers of the
Scope BSP now receive higher compensation
Natural and juridical persons. However, the packages that are competitive with the
equal protection clause extends to artificial industry, while the poorer, low-salaried
persons only insofar as their property is employees are limited to the rates prescribed
concerned. by the SSL.
Considering that majority, if not all, the rank-

1. Requisites for Valid Classification
and-file employees consist of people whose
[SGEC] status and rank in life are less and limited,
especially in terms of job marketability, it is they
a. It must rest on substantial distinctions or — and not the officers — who have the real
must make for real differences; economic and financial need for the adjustment
b. It must be germane to the purpose of the [Central Bank Employees Association v. BSP,
law; G.R. No. 148208 (2004)].
c. It must not be limited to existing conditions
only; The Supreme Court upheld the constitutionality
d. It must apply equally to all members of the of an ordinance which imposed a curfew upon
same class. minors in Quezon City. In evaluating the
ordinance, the Court resorted to the strict
2. Standards of Judicial Review scrutiny test and ruled that under our legal
system’s own recognition of a minor’s inherent
a. Rational Basis Test lack of full rational capacity, and balancing the
same against the State’s compelling interest to
The classification should bear a reasonable promote juvenile crime, it finds that the curfew
relation to the government’s purpose or imposed is reasonably justified with its
legitimate state interest. narrowly drawn exceptions and hence, not
constitutionally infirm [SPARK v. Quezon City,
b. Strict Scrutiny Test G.R. No. 225442 (2017)].
Applies to legislative classifications which c. Intermediate Scrutiny Test

impermissibly interfere with the exercise of a
fundamental right, or operates to the peculiar Under the Intermediate Scrutiny Test, the
disadvantage of a suspect class. Such government must show that the challenged
classifications are presumed unconstitutional, classification serves “important governmental
and the government has the burden to prove objectives and must be substantially related to
that the classification is necessary to achieve a the achievement of those objectives” [Central
compelling state interest, and that it is the Bank Employees Association, Inc. v. BSP,
least restrictive means to protect such supra].
interest [Serrano v. Gallant Maritime, G.R. No.
167614 (2009)].
Page 121 of 384
Suspect Classes circumstances involved [Valmonte v. General
Refers to classification that violates a De Villa, G.R. No. 83988 (1989)].
fundamental right, or prejudices a person
accorded special protection by the Constitution 1. Requisites of a Valid Warrant
[Serrano v. Gallant Maritime, supra]. Suspect
classes may therefore include an income- a. Existence of probable cause;
based classification. b. Probable cause must be personally
determined by the judge;
3. Examples of Valid Classification c. After personal examination under oath
or affirmation of the complainant and
a. Filipino Female Domestics Working the witnesses he may produce;
Abroad d. On the basis of their personal
knowledge of the facts they are
They are a class by themselves because of the testifying to;
special risks to which their class was exposed e. There must be particularity in the
[Phil. Association of Service Exporters v. description of the places to searched
Drilon, G.R. No. 81958 (1988)]. and the persons or things to be seized;
and
b. Land-Based v. Sea-based Filipino f. The warrant must refer to one specific
Overseas Workers offense (Requisite added by
jurisprudence).
There is dissimilarity as to work environment,
General Rule: The warrant must indicate the
safety, danger to life and limb, and accessibility
to social, civil and spiritual activities particular place to be searched and person or
thing to be seized.
[Conference of Maritime Manning Agencies v.
POEA, G.R. No. 114714 (1995)].
Exception: If the nature of the goods to be
seized cannot be particularly determined:
c. Office of the Ombudsman
• The nature of the thing is general in
description;
Allowing the Ombudsman to start an
• The thing is not required of a very
investigation based on an anonymous letter
technical description [Alvarez v. CFI of
does not violate the equal protection clause.
Tayabas, G.R. No. 45358 (1937)].
The Office of the Ombudsman is different from
other investigatory and prosecutory agencies
The search warrant issued to search
of government because those subject to its
petitioner’s compound for unlicensed firearms
jurisdiction are public officials who, through
was held invalid for failing to describe the place
official pressure and influence, can quash,
with particularity, considering that the
delay or dismiss investigations against them
compound was made up of 200 buildings, 15
[Almonte v. Vasquez, G.R. No. 95367 (1995)].
plants, 84 staff houses, one airship, etc. spread
out over 255 hectares [PICOP v. Asuncion,
D. Arrests, Searches, and G.R. No. 122092 (1999)].
Seizures
The description of the property to be seized
The constitutional right against unreasonable need not be technically accurate or precise. Its
searches and seizures is a personal right nature will vary according to whether the
invocable only by those whose rights have identity of the property is a matter of concern.
been infringed or threatened to be infringed. The description is required to be specific only
insofar as the circumstances will allow [Kho v.
What constitutes a reasonable or Judge Makalintal, G.R. Nos. 94902-06 (1999)].
unreasonable search and seizure in any
particular case is purely a judicial question, An error in the name of the person in the search
determinable from a consideration of the warrant does not invalidate the warrant, as long
Page 122 of 384

as it contains a description personae [including Exception: General descriptions will not
additional descriptions] that will enable the invalidate the entire warrant if other items have
officer to identify the accused without difficulty been particularly described [Uy v. BIR, G.R.
[Nala v. Barroso, Jr., G.R. No. 153087 (2003)]. No. 129651 (2000)].
A John Doe search warrant is valid. There is Effect of a Void Arrest Warrant
nothing to prevent issue and service of warrant A void arrest warrant would render the arrest
against a party whose name is unknown invalid and illegal.
[People v. Veloso, G.R. No. 23051 (1925)].
The illegality of an arrest does not bar the state
General Warrant from the prosecution of the accused. Despite
Refers to a warrant that: illegality of both search and arrest thus
1. Does not describe with particularity the inadmissibility of evidence acquired, guilt may
things subject of the search and seizure; or still be established through eyewitness
2. Where probable cause has not been testimony [People v. Manlulu, G.R. No. 102140
properly established. (1994)].
Effects of a General Warrant
It is a void warrant [Nolasco v. Paño, G.R. No. a. Arrest Warrant
L-69803 (1985)]. A written document issued by a court ordering
any peace officer to bring the person before the
Any evidence obtained in violation [of this or court so that he may be bound to answer for
the preceding section] shall be inadmissible for the commission of an offense.
any purpose in any proceeding [Art. III, Sec. 3].
The unconstitutionality of the search and the b. Search Warrant
seizure or the use of a void search warrant, An order in writing, issued in the name of the
renders the items seized inadmissible in People of the Philippines, signed by a judge
evidence. and directed to a peace officer, commanding
him to search for certain personal property and
bring it before the court [Sec. 1, Rule 126,
ROC].
Arrest Warrant v. Search Warrant

Arrest Warrant Search Warrant
There is a need for a preliminary investigation No need for a preliminary investigation.

conducted by MTC or prosecutor.
In determining probable cause, the judge need In determining probable cause, the judge is
not examine the complainant and its witnesses required to personally examine the applicant
and may rely on the findings of the prosecutor. and the witnesses in searching questions, in
Judge may adopt the prosecutor’s findings, writing, and in oath.
disregard it and require the submission of
additional documents within five (5) days, or
dismiss the case right away.
No lifespan Valid only for 10 days
It may be issued only by a court of competent It can be issued by a court without jurisdiction.
jurisdiction. However, if the resultant case is a criminal
case implicating individuals, it must be
transferred to a court with competent
jurisdiction.
Page 123 of 384

2. Warrantless Arrests and Detention Requisites:
1. Offense had just been committed; The
Valid Warrantless Arrests [Section 5, Rule person must be immediately arrested after
113, Rules on Criminal Procedure] the commission of the offense [People v.
Manlulu, supra];
a. In Flagrante Delicto 2. Person making the arrest has probable
cause to believe based on personal
When in his presence, the person to be knowledge of the facts and
arrested has committed, is actually committing, circumstances.
or is attempting to commit an offense. The
person must be arrested after the offense has Note: There must be a large measure of
been committed and in the presence of a police immediacy between the time the offense is
officer [People v. Mengote, G.R. No. 87059 committed and the time of arrest. If there was
(1992)]. an appreciable lapse of time between the
arrest and commission of the crime, a warrant
Since rebellion is a continuing offense, a rebel of arrest must be secured [Nachura].
may be arrested without a warrant at any time
of the day or the night as he is deemed to be in The warrantless arrest of an accused for selling
the act of committing rebellion [In re Umil v. marijuana two days after he escaped is invalid
Ramos, G.R. No. 81567 (1991)]. [People v. Kimura, G.R. No. 130805 (2004)].
Though kidnapping with serious illegal There is no personal knowledge when the
detention is deemed a continuing crime, it can commission of a crime and identity of the
be considered as such only when the accused were merely furnished by an
deprivation of liberty is persistent and informant, or when the location of the firearm
continuing from one place to another [Parulan was given by the wife of the accused. It is not
v. Dir. of Prisons, G.R. No. L-28519 (1968)]. enough that there is reasonable ground to
believe that the person to be arrested has
Buy-Bust; When Not Proper committed a crime. That a crime has actually
A buy-bust operation is a valid in flagrante been committed is an essential precondition
arrest. The subsequent search of the person [People v. Burgos, G.R. No. L-68955 (1986)].
arrested and the premises within his immediate
control is valid as an incident to a lawful arrest c. Escaped Prisoners
[People v. Hindoy, G.R. No. 132662 (2001)].
When the person to be arrested is a prisoner
Instead of arresting the suspect after the sale who has escaped from a penal establishment
in a buy-bust operation, the officer returned to or place where he is serving final judgment or
the police headquarters and filed his report. It is temporarily confined while his case is
was only in the evening that he, without pending, or has escaped while being
warrant, arrested the suspect at his house transferred from one confinement to another.
where dried marijuana leaves were found
and seized. This is unlawful arrest [People v. d. Additional Exceptions
Rodriguez, G.R. No. 138987 (1992)].
When the Right is Voluntarily Waived
b. Hot Pursuit (Estoppel)
Appellant is estopped from questioning the
When an offense has just been committed and illegality of the arrest when he voluntarily
he has probable cause to believe based on submitted himself to the jurisdiction of the court
personal knowledge of facts or circumstances by entering a plea of not guilty and by
that the person to be arrested has committed it participating in the trial [People v. Salvatierra,
G.R. No. 104663 (1997)].
Page 124 of 384

Failure to raise the question of admissibility Absent a valid search warrant, the search is
during the trial is a waiver of the right to assert confined to the person being lawfully arrested.
inadmissibility on appeal [Manalili v. CA, G.R.
No. 113447 (1997)]. It is also a general rule that, as an incident of
an arrest, the place or premises where the
Waiver is limited to the illegal arrest. It does not arrest was made can also be searched without
extend to the search made as an incident a search warrant. In this case, the extent and
thereto, or the subsequent seizure of evidence reasonableness of the search must be decided
allegedly found during the search [People v. on its own facts and circumstances.
Peralta, G.R. No. 145176 (2004)].
What must be considered is the balancing of
Drug, Alcohol, and Blood Tests the individual’s right to privacy and the public’s
Randomized Drug Testing (RDT) for students interest in the prevention of crime and the
and employees does not violate the right to apprehension of criminals [Nolasco v. Paño,
privacy in the Constitution. Students do not supra].
have a rational expectation of privacy since
they are minors and the school is in loco Test for validity
parentis. Employees and students in 1. Item to be searched was within the
universities, on the other hand, voluntarily arrester’s custody;
subject themselves to the intrusion because of 2. Search was contemporaneous with the
their contractual relation to the company or arrest
university.
An “arrest being incipiently illegal, it logically
But it is unconstitutional to subject criminals to follows that the subsequent search was
RDT. Subjecting criminals to RDT would similarly illegal” [People v. Aruta, supra].
violate their right against self-incrimination.
b. Plain View Doctrine
It is also unconstitutional to subject public
officials whose qualifications are provided for in Things seized are within plain view of a
the Constitution (e.g., members of Congress) searching party.
to RDT. Subjecting them to RDT would amount
to imposing an additional qualification not Requisites
provided for in the Constitution [SJS v. 1. Prior valid intrusion based on valid
Dangerous Drugs Board, G.R. No. 157870 warrantless arrest in which the police are
(2008)]. legally present in the pursuit of their official
duties;
Warrantless Searches 2. Evidence was inadvertently discovered by
Probable cause (warrantless searches) must the police who had the right to be where
be “based on reasonable ground of suspicion they are;
or belief that a crime has been committed or is 3. Evidence must be immediately apparent;
about to be committed” [People v. Aruta, G.R. 4. “Plain view” justified mere seizure of
No. 120915 (1998)]. evidence without further search [People v.
Aruta, supra; N.B. substantially the same
3. Valid Warrantless Searches as Nala v. Barroso requirements].
a. Warrantless Search Incidental to a An object is in “plain view” if the object itself is

Lawful Arrest plainly exposed to sight. Where the seized
object is inside a closed package, the object is
A person lawfully arrested may be searched for not in plain view and, therefore, cannot be
dangerous weapons or anything which may be seized without a warrant. However, if the
used as proof of the commission of an offense, package proclaims its contents, whether by its
without a search warrant [Sec. 12, Rule 126, distinctive configuration, its transparency, or if
ROC]. its contents are obvious to an observer, then
Page 125 of 384

the contents are in plain view, and may be d. Consented Warrantless Search
seized [Caballes v. CA, G.R. No. 136292
(2002)]. Requisites
1. Must appear that right exists;
It must be immediately apparent to the police 2. Person involved had actual or constructive
that the items that they observe may be knowledge of the existence of such right;
evidence of a crime, contraband or otherwise 3. Said person had an actual intent to
subject to seizure [People v. Nuevas, G.R. No. relinquish the right [People v. Aruta, supra].
170233 (2007)].
The mere failure to object to the search and
c. Search of a Moving Vehicle seizure does not constitute a waiver.
“Stop and search” without a warrant at military The waiver may be express or implied. When
or police checkpoints has been declared not to one voluntarily submits to a search or consents
be illegal per se so long as it is required by to have it made of his person/premises, he is
exigencies of public order and conducted in a precluded from later complaining [People v.
way least intrusive to motorists [Valmonte v. de Kagui Malasugui, G.R. No. 44335 (1936)].
Villa, G.R. No. 83988 (1989)].
There is presumption against waiver by the
These are permissible if limited to the courts. It is the State that has the burden of
following: proving, by clear and convincing evidence, that
1. Where the officer merely draws aside the the necessary consent was obtained and that it
curtain of a vacant vehicle which is parked was voluntarily and freely given [Caballes v.
on the public fair grounds; CA, supra].
2. Simply looks into a vehicle;
3. Flashes a light therein without opening the e. Customs Search (Enforcement of
car’s doors; Fishing, Customs, and Immigration
4. Where the occupants are not subjected to Law)
a physical or body search;
5. Where the inspection of the vehicles is The police are allowed to conduct warrantless
limited to a visual search or visual searches on behalf of the Department of
inspection; and Customs.
6. Where the routine check is conducted in a
fixed area. They are authorized to open and examine any
box, trunk, or other containers where he has
It is well to clarify, however, that routine reasonable cause to believe that such items
inspections do not give police officers carte were hidden from customs search [Papa v.
blanche discretion to conduct warrantless Mago, G.R. No. L-27360 (1968)].
searches in the absence of probable cause.
When a vehicle is stopped and subjected to an Sec. 219 of the Customs Modernization and
extensive search - as opposed to a mere Tariff Act states that no warrant is required for
routine inspection - such a warrantless search police or authorized persons to pass, enter,
has been held to be valid only as long as the search any land, enclosure, building,
officers conducting the search have warehouse, vessels, aircrafts, vehicles but not
reasonable or probable cause to believe before dwelling.
the search that they will find the instrumentality
or evidence pertaining to a crime, in the vehicle Purpose of Customs Search
to be searched [People v. Manago, G.R. No. To verify whether or not custom duties and
212340 (2016)]. taxes were paid for their importation.
Page 126 of 384

f. Routine Security Checks activity to compel the arresting officer to
investigate further [Manibog v. People, supra].
The Court held that the search and seizure of
an illegal drug during a routine airport h. Exigent and Emergency
inspection made pursuant to the aviation Circumstances
security procedures is a constitutionally The raid and seizure of firearms and
reasonable administrative search. ammunition at the height of the 1989 coup
d’état, was held valid, considering the exigent
While the right of the people to be secure in and emergency situation. The military
their persons, houses, papers, and effects operatives had reasonable ground to believe
against unreasonable searches and seizures is that a crime was being committed, and they
guaranteed by Section 2, Article III of the 1987 had no opportunity to apply for a search
Constitution, a routine security check being warrant from the courts because the latter were
conducted in air and sea ports has been closed. Under such urgency and exigency, a
recognized exception [People v. O’Cochlain, search warrant could be validly dispensed with
G.R. No. 229071 (2018)]. [People v. de Gracia, G.R. Nos. 102009-10
(1994)].
g. Stop and Frisk
Administrative Arrests
For a valid stop and frisk search, the arresting Arrests made as an incident to a deportation
officer must have had personal knowledge of proceeding. The power to deport aliens is an
fact, which would engender a reasonable attribute of sovereignty and essential to self-
degree of suspicion of an illicit act [Manibog v. preservation of every state [De Leon].
People, G.R. No. 211214 (2019)].
The constitutional provision against
Test unreasonable searches and seizures does not
Whether or not a reasonably prudent man in require judicial intervention in the execution of
the circumstances would be warranted in the a final order of deportation issued in
belief that his safety or that of others was in accordance with law. It contemplates an order
danger [Terry v. Ohio, 392 US 1(1968)]. of arrest in the exercise of judicial power as a
step preliminary or incidental to prosecution or
Test for Validity of a Stop-and-Frisk proceedings or for a given offense or
Search as Established by Jurisprudence: administrative action, not as a measure
1. There must be specific and articulable facts indispensable to carry out a valid decision by a
which, taken together with rational competent official, such as a legal order of
inferences, reasonably warrant the deportation issued by the Commissioner of
intrusion. Immigration in pursuance of a valid legislation
2. The officer must identify himself and make [Morano v. Vivo, 20 SCRA 562 (1967)].
reasonable inquiries.
3. The “frisk” is permitted to search for In deportation cases, an arrest (of an
weapons for the protection of the police undesirable alien) ordered by the President or
officer, where he has reason to believe that his duly authorized representatives, in order to
he is dealing with an armed and dangerous carry out a final decision of deportation is valid.
individual, regardless of probable cause for It is valid, however, because of the recognized
a crime. supremacy of the Executive in matters
4. The scope of the search is limited to the involving foreign affairs [Salazar v. Achacoso,
outer surface of the subject’s clothing. G.R. No. 81510 (1990)].
Accordingly, to sustain the validity of a stop and 4. Exclusionary Rule

frisk search, the arresting officer should have
personally observed two (2) or more suspicious All evidence obtained in violation of Sec. 2, Art.
circumstances, the totality of which would then III shall be inadmissible for any purpose in any
create a reasonable inference of criminal
Page 127 of 384
proceeding [Stonehill v. Diokno, G.R. No. L- 1. Private and Public
19550 (1967)]. Communications
The exclusionary rule extends to evidence The Constitution does not have a specific
obtained through uncounseled confession provision protecting the right to privacy. It is a
[People v. Alicando, G.R. No. 117487 (1995)]. penumbral right formed from the shadows
The Fruit of the Poisonous Tree created by several constitutional provisions.
The Exclusionary Rule is also extended to That is to say, the right to privacy is located
exclude evidence which is derived or directly within the zones created by various provisions
obtained from that which was illegally seized of the Constitution and various statutes which
[Bautista, Basic Criminal Procedure (2010), protect aspects of privacy [Ople v. Torres, G.R.
hereinafter Bautista]. No. 127685 (1998)].
Once the primary source (tree) is shown to In Ople v. Torres, different provisions in the
have been unlawfully obtained, any secondary 1987 Constitution also constitute zones of
or derivative evidence (fruit) derived from it is privacy:
also inadmissible. a. Sec. 3 – Privacy of communication
b. Sec. 1 – Life, liberty, and property
Effects of Unreasonable Searches and c. Sec. 2 – Unreasonable searches and
Seizures seizures
An unlawful search will result in the exclusion d. Sec. 6 – Liberty of abode
from admission as evidence of that which was e. Sec. 8 – Right to form associations
obtained from such unlawful search and f. Sec. 17 – Right against self-incrimination
seizure.
Three Strands of the Right to Privacy
Further, an unlawful search and seizure may 1. Decisional Privacy - Liberty in the
justify: constitutional sense must mean more than
1. The use of self-help in the form of freedom from unlawful governmental
resistance to such unlawful search and restraint; it must include privacy as well, if
seizure; it is to be a repository of freedom. The right
2. The criminal prosecution of the searching to be let alone is indeed the beginning of all
officer; freedom … The concept of liberty would be
3. Civil damages against such officer; and emasculated if it does not likewise compel
4. Disciplinary action against the officer by his respect for his personality as a unique
administrative officers [Bautista]. individual whose claim to privacy and
interference demands respect [Morfe v.
E. Privacy of Communications Mutuc, G.R. No. L-20387 (1968)].
and Correspondence 2. Informational Privacy - Right of an
individual not to have private information
about himself disclosed; and the right of an
Article III, Section 3. individual to live freely without surveillance
(1) The privacy of communication and
and intrusion [Whalen v. Roe, 429 US 589,
correspondence shall be inviolable except upon
lawful order of the court, or when public safety (1977)].
or order requires otherwise as prescribed by 3. Locational or Situational Privacy -
law. Privacy that is felt in physical space, such
(2) Any evidence obtained in violation of this or the as that which may be violated by trespass
preceding section shall be inadmissible for any or unwarranted searches and seizure
purpose in any proceeding.
[Vivares v. St. Therese College, G.R. No.
202666 (2014)].
Page 128 of 384

Requisites of the Existence of the Right to Forms of Correspondence and
Privacy: Communication Covered:
1. Subjective: A person has exhibited an 1. Letters
actual expectation of privacy; and 2. Messages
2. Objective: The expectation be one that 3. Telephone calls
society is prepared to recognize as 4. Telegrams
reasonable [Pollo v. Constantino-David, 5. Others analogous to the foregoing [Bernas]
G.R. No. 181881 (2011)].
Right of Privacy v. Freedom of Speech and Communications

RIGHT OF PRIVACY FREEDOM OF SPEECH AND COMMUNICATION
It is not a preferred right, Because of the preferred character of the constitutional rights of the
thus there is no freedom of speech and of expression, a weighty presumption of
presumption of invalidity invalidity vitiates measures of prior restraint upon the exercise of
on encroachments of right such freedoms [Ayer Productions Pty. Ltd. v. Capulong, G.R. No.
to privacy. 82380 (1988)].
2. When Intrusion is Allowed

Right may be invoked against the wife who
General rule: An encroachment on the right to went to the clinic of her husband and there took
privacy is invalid when there is a reasonable documents consisting of private
expectation of privacy; and if there is no communications between her husband and his
compelling state interest. alleged paramour [Zulueta v. CA, G.R. No.
107383 (1996)].
When Allowed: Public Figure
1. Lawful order of the Court [Art. III, Sec. 3] A limited intrusion into a person’s privacy is
2. When public safety or public order required permissible where that person is a public figure
otherwise as may be provided by law and the information sought to be elicited from
him or to be published about him constitute
E.O. No. 424 (s. 2005), adopting a unified matters of a public character. The interest
multi- purpose ID system for government, does sought to be protected by the right to privacy is
not violate the right to privacy because it (1) the right to be free from unwarranted publicity
narrowly limits the data that can be collected, from the wrongful publicizing of the private
recorded, and released compared to existing affairs and activities of an individual which are
ID systems, and (2) provides safeguards to outside the realm of legitimate public concern
protect the confidentiality of the data collected [Ayer Productions Pty. Ltd. v. Capulong,
[KMU v. Director-General, G.R. No. 167798 supra].
(2006)].
But as held in Lagunzad v. Vda. de Gonzales
An intrusion into the privacy of workplaces is [G.R. No. L-32066 (1979)], being a public
valid if it conforms to the standard of figure does not automatically destroy in toto a
reasonableness. Under this standard, both person’s right to privacy.
inception and scope of intrusion must be
reasonable. It is justified at inception if there Online Privacy
are reasonable grounds for suspecting that it It is first necessary that said user, manifest the
will turn up evidence that the employee is guilty intention to keep certain posts private, through
of work-related misconduct. Scope of intrusion the employment of measures to prevent
is reasonable if measures used in the search access thereto or to limit its visibility (This case;
are reasonably related to the search’s OSN Privacy Tools). Therefore, a Facebook
objectives, and it is not highly intrusive [Pollo v. user who opts to make use of a privacy tool to
Constantino-David, supra]. grant or deny access to his or her post or profile
detail should not be denied the informational
Page 129 of 384
privacy right which necessarily accompanies F. Freedom of Speech and
said choice [Vivares v. St. Theresa’s College,
supra]. Expression
3. Exclusionary Rule Article III, Section 4. No law shall be passed

abridging the freedom of speech, of expression, or
of the press, or the right of the people peaceably to
Any evidence obtained in violation of Secs. 2 assemble and petition the government for redress of
or 3, Art. III shall be inadmissible for any grievances.
purpose in any proceeding [Art. III, Sec. 3(2)].
This applies not only to testimonial evidence Concept

but also to documentary and object evidence. The scope of freedom of expression is so broad
that it extends protection to nearly all forms of
The Anti-Wire Tapping Act (R.A. No. 4200) communication. It protects speech, print and
clearly and unequivocally makes it illegal for assembly regarding secular as well as political
any person, not authorized by all the parties to causes, and is not confined to any particular
any private communication, to secretly record field of human interest [Chavez v. Gonzales,
such communications by means of a tape G.R. No. 168338 (2008)].
recorder. The law does not make any
distinction [Ramirez v. CA, G.R. No. 93833 In the Philippines, the primacy and high esteem
(1995)]. accorded freedom of expression is a
fundamental postulate of our constitutional
Effect of violation: The communication shall system.
not be admissible in evidence in any judicial,
quasi-judicial, legislative, or administrative Free speech and free press may be identified
hearing or investigation [R.A. No. 4200, Sec. with the liberty to discuss publicly and truthfully
4]. any matter of public interest without censorship
and punishment [Newsounds Broadcasting
Generally, the provisions in the Bill of Rights Network, Inc. v. Dy, G.R. No. 170270 (2009)].
are protections against the government.
However, In the case of Zulueta v. CA the The right to freedom of expression applies to
Court has recognized an instance where it may the entire continuum of speech from utterances
also be applied as against a private individual. made to conduct enacted, and even to inaction
itself as a symbolic manner of communication
Note: While Zulueta seems to be an exception [Diocese of Bacolod v. COMELEC, G.R. No.
to the State Action Requirement, Zulueta’s 205728, (2015)].
application of the exclusionary rule has only
been cited once but to a state action. Communication is an essential outcome of
protected speech. Communication exists when
In that case, the wife took her husband’s “(1) a speaker, seeking to signal others, uses
private documents and papers to be used as conventional actions because he or she
evidence in the case, without the husband’s reasonably believes that such actions will be
knowledge and consent, the Court held that the taken by the audience in the manner intended;
intimacies between husband and wife do not and (2) the audience so takes the actions”
justify any one of them in breaking the drawers [Diocese of Bacolod v. COMELEC, supra].
and cabinets of the other and in ransacking
them for any telltale evidence of marital The right is not limited to vocal communication.
infidelity. A person, by contracting marriage, Conduct is also included.
does not shed his/her integrity or his right to
privacy as an individual and the constitutional Conduct - sometimes referred to as ‘symbolic
protection is ever available to him or her. speech’ such that “‘when ‘speech’ and ‘non-
speech’ elements are combined in the same
course of conduct,’ the ‘communicative
element’ of the conduct may be ‘sufficient to
Page 130 of 384
bring into play the [right to freedom of prior approval of the government. The
expression]. censor therefore serves as the political,
moral, social and artistic arbiter for the
Scope people, usually applying only their own
Expression and speech include: subjective standards in determining what is
1. Written or spoken words (recorded or not good and what is not;
recorded); ● Permits;
2. Symbolic speech (e.g., wearing of ● Business closure.
armbands as a symbol of protest)
However, in NUWHRAIN-APL-IUF Dusit General Rules
Hotel Nikko Chapter v. CA [G.R. No. 1. Any system of prior restraints of expression
163942 (2008)], it was held that the labor comes to the Court bearing a heavy
union members’ violation of the hotel’s presumption against its constitutionality,
grooming standards constitutes an illegal giving the government a heavy burden to
strike, which is not protected by the right to show justification for the imposition of such
freedom of expression; restraint [New York Times Co. v. US, 403
3. Films and television programs [Iglesia ni US 713 (1971)].
Cristo v. CA, G.R. No. 119673 (1996)]. 2. There need not be total suppression. Even
restriction of circulation constitutes
While the right has a widespread scope, it is censorship [Grosjean v. American Press
not absolute. Examples of unprotected speech Co., Inc., 297 U.S. 233 (1936)].
are obscenity, child pornography, and libel.
Examples of Unconstitutional Prior
1. Prior Restraint and Subsequent Restraint
● COMELEC prohibition against radio
Punishment
commentators and newspaper columnists
from commenting on the issues involved in
a. Prior Restraint a scheduled plebiscite [Sanidad v.
COMELEC, G.R. No. 90878 (1990)].
Refers to official governmental restrictions on ● Arbitrary closure of a radio station [Eastern
the press or other forms of expression in Broadcasting Corp. v. Dans, Jr., G.R. No.
advance of actual publication or dissemination L-59329 (1985)]; or even when there is
[Newsounds Broadcasting Network v. Dy, legal justification, such as lack of mayor’s
supra]. permit [Newsounds Broadcasting Network
v. Dy, supra].
Not all prior restraint is invalid. But all prior ● COMELEC resolution prohibiting the
restraints are presumed invalid (“any act that posting of decals and stickers in mobile
restrains speech is hobbled by the presumption units such as cars and other vehicles
of invalidity and should be greeted with [Adiong v. COMELEC, G.R. No. 103956
furrowed brows”). (1992)].
● Searching, padlocking, and sealing of the
Every man shall have a right to speak, write, offices of newspaper publishers by military
and print his opinions upon any subject authorities [Burgos, Sr. v. Chief of Staff,
whatsoever, without any prior restraint, so G.R. No. 64261 (1984)].
always that he does not injure any other person ● An announcement by a public official
in his rights, person, property, or reputation, prohibiting the media from airing or
and so always that he does not thereby disturb broadcasting the Garci tapes [Chavez v.
the public peace or attempt to subvert the Gonzales, supra].
government [Near v. Minnesota, 283 U.S. 697
(1931)]. Examples of Constitutional Prior
Restraint
Examples
● Law which prohibits, except during the
● Censorship: Censorship conditions the
prescribed election period, making
exercise of freedom of expression upon the
Page 131 of 384
speeches, announcements, or 2. Fair and true report of any judicial,
commentaries for or against the election of legislative, or other official proceedings;
any candidate for office [In re: Gonzales v. 3. Obscenity – Determination of what is
COMELEC, G.R. No. L-27833 (1969)]. obscene is a judicial function [Pita v. CA,
● Prohibiting any person making use of the G.R. No. 80806 (1989)];
media from selling or giving print space or 4. Contempt for criticism or publications
airtime free of charge for campaign or other tending to impede, obstruct, embarrass, or
political purposes. Ratio: Police power of influence the courts in administering justice
the State to regulate media for the purpose in a pending suit or proceeding (subjudice)
of ensuring equal opportunity, time, and [People v. Alarcon, G.R. No. 46551
space for political campaigns, which (1939)];
COMELEC is authorized to carry out 5. Right of students to free speech on school
[National Press Club v. COMELEC, G.R. premises must not infringe on the school’s
No. 102653 (1992); Osmeña v. right to discipline its students [Miriam
COMELEC, G.R. No. 132231 (1998)]. College Foundation, Inc. v. CA, G.R. No.
● Film censorship: The power of the MTRCB 127930 (2000)].
can be exercised only for purposes of
reasonable classification, not censorship Exceptions
[Nachura, citing Gonzalez v. Katigbak, 1. Fair comment on matters of public
G.R. No. L-69500 (1985) and Ayer Prod. interest – Fair comment is that which is
PTY. LTD. v. Judge Capulong, G.R. No. true or, if false, expresses the real opinion
82380 (1988)]. of the author based upon reasonable
degree of care and on reasonable grounds.
b. Subsequent Punishment 2. Criticism of official conduct is given the
widest latitude [US v. Bustos, G.R. No. L-
Freedom of speech includes freedom after 12592 (1918)].
speech. Without this assurance, citizens would
hesitate to speak for fear that they might be 2. Content-Based and Content-
provoking the vengeance of the officials they Neutral Regulations
criticized (chilling effect).
A government regulation is sufficiently
Examples of Valid Subsequent justified if:
Punishment 1. It is within the constitutional power;
● Libel – Every defamatory imputation is 2. It furthers an important or substantial
presumed to be malicious, even if it be true government interest;
[Alonzo v. CA, G.R. No. 110088 (1995)]. 3. The government interest is unrelated to the
suppression of free expression;
Exceptions to the Presumption [Art. 354, 4. The incident restriction is no greater than
Revised Penal Code] essential to the furtherance of that interest.
1. Private communication in the performance [US v. O’Brien, 391 U.S. 367 (1968)].
of any legal, moral, or social duty;
Content-Based v. Content-Neutral
CONTENT-BASED CONTENT-NEUTRAL
Object of restraint
The content: The message or idea of the Incidents of speech: the time, manner, place
expression. of the expression in public places, not the
content.
Page 132 of 384

CONTENT-BASED CONTENT-NEUTRAL
Test
a. Clear and present danger test: There must Only a substantial governmental interest is
be a clear and present danger of a required for its validity.
substantive evil that the State has a right to
prevent [Reyes v. Bagatsing, supra]. Intermediate approach: Somewhere between
b. Balancing of interests the mere rationality that is required of any other
c. Dangerous Tendency law and the compelling interest standard applied
d. Direct Incitement to content-based restrictions [Chavez v.
Gonzales, supra].
3. Facial Challenges and may well be prevented from enacting laws

Overbreadth Doctrine against socially harmful conduct. In the area of
criminal law, the law cannot take chances as in
General Rule: A party can question the validity the area of free speech [Southern Hemisphere
of a statute only if, as applied to him, it is Engagement Network, Inc. v. Anti-Terrorism
unconstitutional [Southern Hemisphere Council, supra].
Engagement Network, Inc. v. Anti-Terrorism
Council, G.R. No. 178552 (2010)]. However, Said Doctrine Applies to Penal
Exception: Facial challenges. Statutes When:
a. The statute is challenged as applied; or
A facial challenge may be directed against a b. The statute involves free speech [Disini v.
vague statute or to one which is overbroad Sec. of Justice, supra].
because of the possible “chilling effect” the
statute will have on protected speech. The Overbreadth Doctrine
theory is that “[w]hen statutes regulate or The overbreadth doctrine decrees that a
proscribe speech and no readily apparent governmental purpose to control or prevent
construction suggests itself as a vehicle for activities constitutionally subject to state
rehabilitating the statutes in a single regulations may not be achieved by means
prosecution, the transcendent value to all which sweep unnecessarily broadly and
society of constitutionally protected expression thereby invade the area of protected freedoms
is deemed to justify allowing attacks on overly [Southern Hemisphere Engagement Network,
broad statutes with no requirement that the Inc. v. Anti-Terrorism Council, supra].
person making the attack demonstrate that his
own conduct could not be regulated by a The statute must be carefully drawn or be
statute drawn with narrow specificity” [Gooding authoritatively construed to punish only
v. Wilson, 405 U.S. 518 (1972)]. unprotected speech and not be susceptible of
application to protected expression [Gooding v.
The possible harm to society in permitting Wilson, supra].
some unprotected speech to go unpunished is
outweighed by the possibility that the protected A governmental purpose may not be achieved
speech of others may be deterred, and through means which sweep too broadly and
perceived grievances left to fester because of thereby invade the area of protected freedoms.
possible inhibitory effects of overly broad
statutes. Void For Vagueness Doctrine
This rationale does not apply to penal statutes A law is vague when it lacks comprehensive
without a free speech aspect. Criminal statutes standards that men of common intelligence
have general in terrorem effect resulting from must necessarily guess at its common
their very existence and, if facial challenges meaning and differ as to its application.
were allowed for this reason alone, the State
Page 133 of 384

A statute establishing a criminal offense must administration of justice [Cabansag v.
define the offense with sufficient definiteness Fernandez, G.R. No. L-8974 (1957)].
that persons of ordinary intelligence can
understand what conduct is prohibited by the Note: This test has been adopted by SC and is
statute. It can only be invoked against that the test most applied to cases re: freedom of
specie of legislation that is utterly vague on its expression.
face, i.e., that which cannot be clarified either
by a saving clause or by construction. b. Balancing of Interests Test
A statute or act may be said to be vague when When a particular conduct is regulated in the
it lacks comprehensible standards that men of interest of public order, and the regulation
common intelligence must necessarily guess at results in an indirect, conditional and partial
its meaning and differ in its application [Estrada abridgement of speech, the duty of the courts
v. Sandiganbayan, G.R. No. 148560 (2001)]. is to determine which of the two conflicting
4. Tests to Determine the Validity of interests demands greater protection
Governmental Regulation [American Communications v. Douds, 339 U.S.
382 (1950)].
a. Clear and Present Danger Test
The test is applied when two legitimate values
The question in every case is whether the not involving national security crimes compete
words used are used in such circumstances [Gonzales v. COMELEC, supra].
and are of such a nature as to create a clear
and present danger that they will bring about Factors to Consider
the substantive evils that Congress has a right 1. Social value of the freedom restricted;
to prevent. It is a question of proximity and 2. Specific thrust of the restriction, i.e., direct
degree [Schenck v. US, 249 U.S. 47 (1919)]. or indirect, affects many or few;
3. Value of the public interest sought to be
Burden of proof: With the government secured by the regulation;
4. Whether the restriction is reasonably
This rule also requires that “the danger created appropriate and necessary for the
must not only be clear and present but also protection of the public interest;
traceable to the ideas expressed”. 5. Whether the necessary safeguarding of the
1. CLEAR – there must be a connection with public interest may be achieved by a
the danger of the substantive evil arising measure less restrictive of the protected
from the utterance questioned. freedom [Soriano v. Laguardia, G.R. No.
2. PRESENT - involves the time element, 164785 (2010)].
identified with imminent and immediate
danger. The danger must not only be c. Dangerous Tendency Test
probable but very likely inevitable
[Gonzales v. COMELEC, supra]. In each case, courts must ask whether the
gravity of the “evil,” discounted by its
The evil consequence of the comment or improbability, justifies such invasion of free
utterance must be “extremely serious and the speech as is necessary to avoid the danger
degree of imminence extremely high” before [Dennis v. US, 341 US 494 (1951)].
the utterance can be punished. The danger to
be guarded against is the “substantive evil” Under this test, the question is whether the
sought to be prevented. And this evil is words will create a dangerous tendency that
primarily the “disorderly and unfair the state has a right to prevent. It looks at the
administration of justice.” [...] Under this rule, probability that a substantive evil will result,
the advocacy of ideas cannot constitutionally and it is not necessary that some definite or
be abridged unless there is a clear and present immediate acts of force, violence, or
danger that such advocacy will harm the unlawfulness be advocated [Cabansag v.
Fernandez, supra].
Page 134 of 384

It is sufficient if the natural tendency and the But all forms of media, whether print or
probable effect of the utterance were to bring broadcast, are entitled to the broad protection
about the substantive evil that the legislative of the freedom of expression clause. The test
body seeks to prevent [Cabansag v. for limitations on freedom of expression
Fernandez, supra]. continues to be the clear and present danger
test [Eastern Broadcasting v. Dans, Jr., supra].
d. O’brien Test
6. Commercial Speech
A government regulation is sufficiently justified
if: Commercial speech is a separate category of
1. It is within the constitutional power; speech which is not accorded the same level of
2. It furthers an important or substantial protection as that given to other constitutionally
government interest; guaranteed forms of expression but is
3. The government interest is unrelated to nonetheless entitled to protection.
the suppression of free expression;
The incident restriction is no greater than Test to be Applied to Regulations on
essential to the furtherance of that interest [US Commercial Speech
v. O’Brien, supra]. 1. Speech must not be false, misleading, or
proposing an illegal activity;
5. State Regulation of Different Types 2. Government interest sought to be served
of Mass Media by regulation must be substantial;
3. The regulation must advance government
interest; and
Article XVI, Section 11(1). … The advertising
4. The regulation must not be overbroad
industry is impressed with public interest, and shall
be regulated by law for the protection of consumers [Central Hudson Gas & Elec. v. Public Svc.
and the promotion of the general welfare … Comm’n, 447 US 557 (1980)].
Political Speech
Four Aspects of Freedom of the Press
Political speech is pure and protected speech.
1. Freedom from prior restraint; The government is required to prove a “true
2. Freedom from punishment subsequent to
threat,” it cannot punish mere political
publication;
hyperbole [Watts v. US, 394 US 705 (1969)].
3. Freedom of access to information; and
4. Freedom of circulation [Chavez v.
A tarpaulin that expresses a political opinion
Gonzales, supra].
constitutes political speech. Speech that
promotes dialogue on public affairs, or airs out
Print vs. Broadcast Media grievances and political discontent, should be
While all forms of communication are entitled protected and encouraged [Diocese of Bacolod
to the broad protection of freedom of v. COMELEC, supra].
expression clause, the freedom of film,
television, and radio broadcasting is somewhat
Political Speech v. Commercial Speech
lesser than the freedom accorded to
newspapers and other print media [Chavez v. Political Speech Commercial Speech
Gonzales, supra].
Speech “both Speech that does “no
intended and more than propose a
Radio and television are accorded less
received as a commercial
protection because of:
contribution to public transaction.”
1. The scarcity of the frequencies by which
deliberation about
the medium operates, i.e., airwaves are some issue,”
physically limited while print medium may “foster[ing] informed
be limitless; and civic minded
2. Its pervasiveness as a medium; and deliberation.”
3. Its unique accessibility to children [FCC v.
Pacifica Foundation, 438 US 726 (1978)].
Page 135 of 384
7. Unprotected Speech persistent and unmitigated dissemination of
patent lies.
a. Hate Speech
Group Libel
Speech designed to promote hatred on the Where the defamation is alleged to have been
basis of race, religion, ethnicity or national directed at a group or class, it is essential that
origin [Rosenfield, Hate Speech in the statement must be so sweeping or all-
Constitutional Jurisprudence]. embracing as to apply to every individual in that
group or class, or sufficiently specific so that
International Covenant on Civil and each individual in the class or group can prove
Political Rights that the defamatory statement specifically
The Covenant mandates State Parties to pointed to him, so that he can bring the action
prohibit by law “[a]ny advocacy of national, separately, if need be [Newsweek, Inc. v. IAC,
racial or religious hatred that constitutes G.R. No. L-63559 (1986)].
incitement to discrimination, hostility or
violence” [ICCPR, Art. 20]. As the size of these groups increases, the
chances for members of such groups to
In Philippine jurisdiction, it is arguable that recover damages for tortious libel become
“hate speech” is not protected speech. In elusive. This principle is said to embrace two
Diocese of Bacolod v. COMELEC, the Court important public policies:
recognized that the right to freedom of 1. Where the group referred to is large, the
expression is not absolute [and that] some courts presume that no reasonable reader
forms of speech are still subject to some would take the statements as so literally
restrictions. applying to each individual member; and
2. The limitation on liability would
b. Defamation and Libel satisfactorily safeguard freedom of speech
and expression, as well as of the press,
Libel effecting a sound compromise between the
conflicting fundamental interests involved
Libel is not constitutionally protected speech.
The government has an obligation to protect in libel cases [MVRS v. Islamic Da’wah
Council of the Philippines, G.R. No.
individuals from defamation [Disini v. Sec. of
135306 (2003)].
Justice, supra].
The onus of proving malice shifts to the plaintiff, c. Sedition and Speech in Relation to
who must prove that the defendants were Rebellion
actuated by ill will in what they caused to be
published, with a design to injure the plaintiff. Heckler’s Veto
Heckler’s veto is an attempt to limit unpopular
In US v. Bustos, supra, a criminal action was speech. This occurs when an acting party’s
instituted against defendants for allegedly right to freedom of speech is curtailed or
publishing writings which were libelous against restricted by the government in order to
a justice of the peace. The SC held that the prevent a reacting party’s behavior.
said writings constitute qualifiedly privileged
matter as public opinion, therefore, they cannot For example, an unpopular group wants to hold
be presumed malicious. a rally and asks for a permit. The government
is not allowed to refuse the permit based on the
In In Re: Jurado [A.M. No. 93-2-037 SC beliefs of the applicants, but the government
(1995)], the SC held that false reports about a may deny the permit on the ground of fear that
public official or other person are not shielded many people will be outraged and cause
from sanction by the right to free speech. Free violent protests, not because the government
speech has never countenanced the disapproves of the group’s message.
publication of falsehoods, especially the
Page 136 of 384

Under the free speech clause, the government immoral and indecent materials must justify the
may not silence speech based on the reaction regulation or limitation.
(or anticipated reaction) of a hostile audience,
unless there is a clear and present danger One such regulation is Article 201 of the
of grave and imminent harm, which is not Revised Penal Code. To be held liable, the
easy to prove. prosecution must prove that (a) the materials,
publication, picture or literature are obscene;
d. Obscenity/Pornography and (b) the offender sold, exhibited, published
or gave away such materials. Necessarily, that
Obscenity the confiscated materials are obscene must be
The State in pursuing its mandate to protect, as proved
parens patriae, the public from obscene,
Various Tests Previously Developed to Determine Obscenity

Roth v. US Memoirs v. Massachusetts Miller v. California (Most
recent)
Whether, to the average A work is obscene if: A work is obscene if:

person, applying contemporary 1. The dominant theme of the 1. Whether the average
community standards, the material taken as a whole person, applying
dominant theme of the material, appeals to prurient interest contemporary community
taken as a whole, appeals to in sex; standards, would find that
prurient interest [354 US 476 2. Material is patently the work, taken as a whole,
(1957)]. offensive because it appeals to the prurient
affronts contemporary interest;
community standards 2. Whether the work depicts or
relating to the description or describes, in an offensive
representation of sexual way, sexual conduct or
matters; excretory functions,
3. Material is utterly without specifically defined by
redeeming social value applicable state law; and
[383 US 413 (1966)]. 3. Whether the work, taken as
a whole, lacks serious
literary, artistic, political, or
scientific value [413 US 15
(1973)].
Freedom of Expression and Obscenity muna, sige nakakalibog” (go ahead, go ahead,
Determination: Community Standard it is erotic), during the performance [People v.
Pictures depicting inhabitants of the country in Aparici, 52 OG 249 (1955)].
their native dress as they appear and can be
seen in the regions in which they live are not Child Pornography
obscene or indecent. The pictures in question The State is entitled to greater leeway in the
merely depict persons as they actually live, regulation of pornographic depictions of
without attempted presentation of persons in children because:
unusual postures or dress [People v. Kottinger, a. A state’s interest in safeguarding the
G.R. No. 20569 (1923)]. physical and psychological well-being of a
minor is compelling. The prevention of
A dance portraying the life of a widow who lost sexual exploitation and abuse of children
her husband cannot be considered protected constitutes a government objective of
speech if the audience, about a hundred surpassing importance.
customers, was howling and shouting, “sige
Page 137 of 384

b. Distribution of photographs and films profession of faith to an active power that binds
depicting sexual activity by juveniles is and elevates man to his Creator. Twenty years
intrinsically related to the sexual abuse of later, the Court cited the Aglipay definition in
children. American Bible Society v. City of Manila, a
c. Advertising and selling of child case involving the Free Exercise clause. The
pornography provide an economic motive latter also cited the American case of Davis in
for, and are thus an integral part of, the defining religion, viz: “(i)t has reference to one’s
production of such materials. views of his relations to His Creator and to the
d. Value of permitting live performances and obligations they impose of reverence to His
photographic reproductions of children being and character and obedience to His Will”
engaged in lewd sexual conduct is [Estrada v. Escritor, A.M. No. P-02-1651
exceedingly modest. (2003)].
G. Freedom of Religion Note: The Davis definition has been expanded

to include non-theistic beliefs, but only in U.S.
jurisprudence [Estrada v. Escritor, supra].
Article III, Section 5. No law shall be made
respecting an establishment of religion; or
prohibiting the free exercise thereof. The free Non-Establishment Clause
exercise and enjoyment of religious profession and The clause prohibits excessive government
worship, without discrimination or preference, shall entanglement with endorsement or disapproval
forever be allowed. No religious test shall be of religion [Victoriano v. Elizalde Rope Workers
required for the exercise of civil or political rights. Union, G.R. No. L-25246 (1974)].
1. Non-Establishment Clause Principle of Separation of Church and

State
The principle of separation of Church and State
Article II, Section 6. The separation of Church and
State shall be inviolable.
is based on mutual respect. Generally, the
State cannot meddle in the internal affairs of
the church, much less question its faith and
dogmas or dictate upon it. It cannot favor one
Article IX-C, Section 2(5). Religious denominations
and sects shall not be registered [as political religion and discriminate against another. On
parties]. the other hand, the church cannot impose its
beliefs and convictions on the State and the
rest of the citizenry. It cannot demand that the
Article VI, Section 5(2). For three consecutive nation follow its beliefs, even if it sincerely
terms after the ratification of this Constitution, one- believes that they are good for the country”
half of the seats allocated to party-list [Spouses Imbong v. Ochoa, Jr., G.R. No.
representatives shall be filled, as provided by law, 204819 (2014), on the constitutionality of the
by selection or election from [...] sectors as may be
provided by law, except the religious sector.
RH Law].
Separation
Purpose Protects the principle of church-separation with
The twin clauses of free exercise and non- a rigid reading of the principle.
establishment express an underlying relational
concept of separation between religion and Strict Separation
secular government. [Bernas]. ● The wall of separation is meant to protect
the state from the church.
Concept of Religion ● There is an absolute barrier to formal
“In Philippine jurisprudence, religion, for interdependence of religion and state.
purposes of the religion clauses, has thus far ● There is hostility between the two.
been interpreted as theistic. In 1937, the
Philippine case of Aglipay v. Ruiz involving the
Establishment Clause, defined religion as a
Page 138 of 384

Strict Neutrality or Tamer Separation oftentimes to the detriment of the populace.
● Requires the state to be neutral in its However, as apparent from the Constitution,
relation with groups of religious believers; the “wall” between the Church and the State
the relationship is not necessarily exists along with the recognition of freedom of
adversarial. religion. In fact, review of jurisprudence would
● Allow for interaction between church and reveal that this Court has carefully weighed
state, but is strict with regard to state action these principles as to allow the broadest
which would threaten the integrity of exercise of religious freedom without infringing
religious commitment. the non-establishment clause [Peralta].
● The basis of government action has a Permissible Acts; Constitutionally
secular criteria and religion may not be Created
used as a basis for classification of
purposes. Tax Exemption
● Public policy and the constitution require Article VI, Section 28(3). Charitable institutions,
the government to avoid religion-specific churches and personages or convents appurtenant
policy. thereto, mosques, non-profit cemeteries, and all
lands, buildings, and improvements, actually,
Acts not Permitted by Non-Establishment directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt
Clause from taxation.
● Prayer and Bible-reading in public schools
[Abington School District v. Schemp, 374
US 203 (1963)]. Operation of Sectarian Schools
● Financial subsidy for parochial schools Article XIV, Section 4(2). Educational institutions,
[Lemon v. Kurtzman, 403 US 602 (1971)]. other than those established by religious groups and
● Religious displays in public spaces: mission boards, shall be owned solely by citizens of
Display of granite monument of 10 the Philippines or corporations or associations at
least sixty per centum of the capital of which is
commandments in front of a courthouse is
owned by such citizens.
unconstitutional for being unmistakably
non-secular [Glassroth v. Moore, 335 F.3d
1282 (2003)]. Religious Instruction in Public Schools
● Mandatory religious subjects or prohibition Article XIV, Section 3(3). At the option expressed
of secular subjects (evolution) in schools in writing by the parents or guardians, religion shall
[Epperson v. Arkansas, 393 US 97 (1968)]. be allowed to be taught to their children or wards in
● Mandatory bible reading in school (a form public elementary and high schools within the
of preference for belief over non-belief) regular class hours by instructors designated or
approved by the religious authorities of the religion
[Abington School District v. Schempp, to which the children or wards belong, without
supra]. additional cost to the Government.
Jurisprudence
The non-establishment of religion clause is not Limited Public Aid to Religion
equivalent to indifference to religion. It bears to Article VI, Section 29(2). No public money or
emphasize that the Constitution establishes property shall be appropriated, applied, paid, or
separation of the Church and the State, and not employed, directly or indirectly, for the use, benefit,
or support of any sect, church, denomination,
separation of religion and state [Peralta v. sectarian institution, or system of religion, or of any
Philippine Postal Corporation, G.R. No. priest, preacher, minister, other religious teacher, or
223395 (2018)]. dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the
The Constitutional “wall” between the Church armed forces, or to any penal institution, or
and the State, has been jurisprudentially government orphanage or leprosarium.
recognized to stem from the country’s
unfortunate collective experience when the two
institutions are commingled into one entity,
exercising both power and influence,
Page 139 of 384

Free Exercise Clause ● The Doctrine of Accommodation allows the
a. Freedom to believe – Absolute government to take religion into account
b. Freedom to act on one’s belief – Subject to when creating government policies to allow
regulation people to exercise their religion without
hindrance. The government may take
Conduct remains subject to regulation for the religion into account to exempt, when
protection of society. The freedom to act must possible, from generally applicable
have appropriate definitions to preserve the governmental regulation individuals whose
enforcement of that protection. In every case, religious beliefs and practices would be
the power to regulate must be so exercised, in infringed, or to create without state
attaining a permissible end, as not to unduly involvement, an atmosphere in which
infringe on the protected freedom. voluntary religious exercise may flourish.
In a nutshell, the Constitution guarantees the ● The breach in the wall between church and
freedom to believe absolutely, while the state is allowed in order to uphold religious
freedom to act based on belief is subject to liberty, which is the integral purpose of the
regulation by the State when necessary to religion clauses. The purpose of
protect the rights of others and in the interest of accommodation is to remove the burden on
public welfare [Valmores v. Achacoso, G.R. a person’s exercise of his religion.
No. 217453 (2017)]. ● Although morality contemplated in laws is
secular, benevolent neutrality could allow
Laws and Acts Justified under the Free for accommodation of morality based on
Exercise Clause religion, provided it does not offend
● Exemption from flag salute in school compelling state interests [Estrada v.
[Ebralinag v. Division Superintendent of Escritor, supra].
Schools of Cebu, G.R. No. 95770 (1993)].
● Freedom to propagate religious doctrines. The Use of Benevolent Neutrality as a
The power to tax the exercise of the Standard Could Result in Three
privilege is the power to control or suppress Situations of Accommodation:
its enjoyment [American Bible Society v.
City of Manila, G.R. No. L-9637 (1957)]. Mandatory Accommodation
● Non-disqualification of religious leaders Those where the accommodation is required to
from local government office [Pamil v. preserve free exercise protections and not
Teleron, G.R. No. L-34854 (1978)]. unconstitutionally infringe on religious liberty or
● Working hours from 7:30am to 3:30pm create penalties for religious freedom.
without break during Ramadan [Re:
Request of Muslim Employees in the Permissive Accommodation
Different Courts of Iligan City, A.M. No. 02- The state may, but is not required to,
2-10-SC (2005)]. accommodate religious interests.
● Exemption from administrative charge on
immorality: Cohabiting with a married man Prohibited Accommodation
with church sanction evidenced by a It is when establishment concerns prevail over
document of “Declaration of Pledging potential accommodation interests [Estrada v.
Faithfulness” [Estrada v. Escritor, supra]. Escritor, supra].
2. Benevolent Neutrality and Note: In Estrada v. Escritor, the petitioner filed

Conscientious Objector a complaint against the respondent, who was a
court employee, praying for her dismissal on
Benevolent Neutrality and the Doctrine of account of immorality for cohabiting with a man
Accommodation not her husband. The respondent claims that
● It protects religious realities, tradition, and their arrangement is permitted by her religion.
established practice with a flexible reading
of the principle of separation of church and
state.
Page 140 of 384
Estrada is a carefully crafted doctrine, the use students [Board of Education v. Allen, 392
of which is limited for the protection of religious US 236 (1968)].
minorities. ● Display of crèche in a secular setting –
depicts origins of the holiday [Lynch v.
Conscientious Objectors Donnelly, 465 US 668 (1984)].
● Financial support for secular academic
Conscientious Objector in the RH Law facilities (i.e., library and science center) in
Sections 7, 23, and 24 of R.A. No. 10354 parochial schools – has secular use [Tilton
(Reproductive Health Law) impose upon the v. Richardson, 403 US 672 (1971)].
conscientious objector the duty to refer the ● Exemption from zoning requirements to
patient seeking reproductive health services to accommodate unique architectural
another medical practitioner. features of religious buildings i.e.,
Mormon’s tall-pointed steeple [Martin v.
A conscientious objector should be exempt Corporation of the Presiding Bishop, 434
from compliance with the mandates of the RH Mass. 141 (2001)].
Law. If he is compelled to act contrary to his
religious belief and conviction, it would be 3. Tests to Determine the Validity of
violative of “the principle of non-coercion” Governmental Regulation
enshrined in the constitutional right to free
exercise of religion. a. Clear and Present Danger
The Court found no compelling state interest Used for religious speech.
which would limit the free exercise of
conscientious objectors. Only the prevention of In order to justify restraint the court must
an immediate danger to the security and determine whether the expression presents a
welfare of the community can justify the clear and present danger of any substantive
infringement of religious freedom [Spouses evil, which the state has a right to prevent
Imbong v. Ochoa, Jr., supra]. [American Bible Society v. City of Manila,
supra, citing Tañada and Fernando on the
Test to Determine the Constitutionality of Constitution of the Philippines, Vol. 1, 4th ed.,
Policies Challenged under the p. 297].
Establishment Clause (Lemon Test)
a. The statute must have a secular legislative b. Compelling State Interest
purpose;
b. Its primary or principal effect must be one Benevolent Neutrality
that neither advances nor inhibits religion; Under the Benevolent Neutrality Doctrine, this
c. The statute must not foster an excessive is the proper test where conduct arising from
entanglement with religion [Estrada v. religious belief is involved.
Escritor, supra]. 1. Has the government’s action created a
burden on the free exercise? Court must
Jurisprudence look into sincerity (but not truth) of belief.
● Religious activities with secular 2. Is there a compelling state interest to justify
purpose/character. – Postage stamps the infringement?
depicting the Philippines as the site of a 3. Are the means to achieve the legitimate
significant religious event – promotes state objective the least intrusive [Estrada
Philippine tourism [Aglipay v. Ruiz, G.R. v. Escritor, supra]?
No. 45459 (1937)].
● Government sponsorship of town fiestas. –
has secular character [Garces v. Estenzo,
G.R. No. L-53487 (1981)].
● Book lending program for students in
parochial schools. – benefit to parents and
Page 141 of 384

H. Liberty of Abode and Right to Right to Travel
To “restrict” is to restrain or prohibit a person
Travel from doing something, to “regulate” is to govern
or direct according to rule [OCA v. Macarine,
Article III, Section 6. The liberty of abode and of A.M. No. MTJ-10-1770 (2012)].
changing the same within the limits prescribed by
law shall not be impaired except upon lawful order
A person’s right to travel is subject to usual
of the court. Neither shall the right to travel be
impaired except in the interest of national security, constraints imposed by the very necessity of
public safety or public health, as may be provided safeguarding the system of justice [Marcos v.
by law. Sandiganbayan, G.R. Nos. 115132-34 (1995)].
Proclamation No. 475 does not constitute an

1. Scope and Limitations impairment of the right to travel. Any bearing
that Proclamation No. 475 may have on the
Scope right to travel is merely corollary to the closure
Freedom of movement includes two rights: of Boracay and the ban of tourists and non-
1. Liberty of abode residents therefrom which were necessary
2. Liberty of travel incidents of the island’s rehabilitation [Zabal v.
Duterte, G.R. No. 238467 (2019)].
Limitations
a. Liberty of Abode Several laws recognized as constituting an
impairment on the right to travel which directly
May be impaired only upon lawful order of the impose restriction on the right, viz.:
court. ● The law restricts the right to travel of an
individual charged with the crime of
The court itself is to be guided by the limits terrorism even though such person is out
prescribed by law. on bail [The Human Security Act of 2007 or
R.A. No. 9372].
A condition imposed by the court in connection ● Pursuant to said law, the Secretary of
with the grant of bail is an example of a valid Foreign Affairs or his authorized consular
limitation to liberty. officer may refuse the issuance of, restrict
the use of, or withdraw, a passport of a
b. Liberty of Travel Filipino citizen [The Philippine Passport Act
of 1996 or R.A. No. 8239].
May be impaired even without a lawful order of ● Pursuant to the provisions thereof, the
the court. Bureau of Immigration, in order to manage
migration and curb trafficking in persons,
The right to travel may be impaired, if issued Memorandum Order Radjr No.
necessary, in interest of national security, 2011-011, allowing its Travel Control and
public safety or public health. Apart from the Enforcement Unit to ‘offload passengers
presence of these exclusive grounds, there is with fraudulent travel documents, doubtful
a further requirement that there must be a law purpose of travel, including possible
authorizing the impairment. The requirement victims of human trafficking’ from our ports
for a law ensures that the necessity for the [The Anti-Trafficking in Persons Act of
impairment has undergone the validation and 2003 or R.A. No. 9208].
deliberation of Congress before its enactment. ● In enforcement of said law, the Philippine
The strict requirement for the concurrence of Overseas Employment Administration
these two elements are formidable enough to (POEA) may refuse to issue deployment
serve as safeguard in the full enjoyment of the permit[s] to a specific country that
right to travel. [Garcia v. Sandiganbayan, G.R. effectively prevents our migrant workers to
Nos. 205904-06 (2018)]. enter such country [The Migrant Workers
and Overseas Filipinos Act of 1995 or R.A.
Impairment of this liberty is subject to judicial No. 8042, as amended by R.A. No. 10022].
review.
Page 142 of 384
2. Watch-List and Hold Departure The Court ruled that the issuance of DOJ
Orders Circular No. 41, without a law to justify its
action, is an unauthorized act of the DOJ of
There was no legal basis for Department empowering itself under the pretext of dire
Circular No. 41 because of the absence of a exigency or urgent necessity. [Genuino v. De
law authorizing the Secretary of Justice to Lima, G.R. No. 197930 (2018)].
issue Hold Departure Orders (HDO), Watch
List Orders (WLO), or Allow Departure Order Note: the following have been struck down by
(ADO). the Supreme Court as unconstitutional in
[Genuino v. De Lima, supra] but is included in
the bar syllabus.
Watch List Orders v. Hold Departure Orders

Watch List Orders Hold Departure Orders
Against whom issued
a. Accused in criminal cases (irrespective of a. Accused on criminal cases (irrespective of

nationality in the RTC or below); nationality in courts below RTC);
b. The respondent, irrespective of nationality, b. Aliens (defendant, respondent, and witness
in cases pending before the DOJ or any of in pending civil or labor case, or any case
its provincial or city prosecution offices; pending before an administrative agency of
c. Any person, motu proprio, upon the request the government); and
of any government agency, including c. Any person motu proprio by the Secretary
commissions, task forces or similar entities of Justice or request of heads of
created by the Office of the President, departments, Constitutional Commissions,
pursuant to the Anti-Trafficking in Persons Congress, or Supreme Court.
Act of 2003 and/or in connection with any
investigation being conducted by it, or in the
interest of national security, public safety or
public health.
Issuing authority
Secretary of Justice [Department Circular No. 41, June 7, 2010]
A hold departure order is but an exercise of the Precautionary Hold Departure Order
[Sandiganbayan’s] inherent power to preserve It is an order in writing issued by a court,
and to maintain the effectiveness of its commanding the Bureau of Immigration to
jurisdiction over the case and the person of the prevent any attempt by a person suspected of
accused [Santiago v. Vasquez, G.R. Nos. a crime to depart from the Philippines which
99289-90 (1993)]. shall be issued ex-parte in cases involving
crimes where the minimum of the penalty
Holding an accused in a criminal case within prescribed by law is at least six years and one
the reach of the courts by preventing his day or when the offender is a foreigner
departure from the Philippines must be regardless of the imposable penalty [Rule on
considered as a valid restriction on his right to Precautionary Hold Departure Order, A.M. No.
travel so that he may be dealt with in 18-07-05-SC, Sec. 1].
accordance with law [Silverio v. CA, G.R. No.
94284 (1991)]. Who Files an Application for a PHDP?
Prosecutor.
Page 143 of 384

Where Filed? Article XVI, Section 10. The State shall provide the
General Rule: A PHDO is filed with any RTC policy environment for the full development of
within whose territorial jurisdiction the alleged Filipino capability and the emergence of
crime was committed. communication structures suitable to the needs and
aspirations of the nation and the balanced flow of
information into, out of, and across the country, in
Exceptions: For compelling reasons, it can be
accordance with a policy that respects the freedom
filed with ANY RTC within the judicial region of speech and of the press.
where the crime was committed if the place of
the commission of the crime is known.
1. Scope and Limitations
The RTCs in the City of Manila, Quezon City,
Cebu City, Iloilo City, Davao City and Cagayan Policy of Full Public Disclosure
de Oro City shall also have the authority to act ● Covers all transactions involving public
on the applications filed by the prosecutor interest, including any matter contained in
based on complaints instituted by the NBI, official communications and public
regardless where the alleged crime was documents of the government agency.
committed [Rule on Precautionary Hold ● Does not require demand.
Departure Order, A.M. No. 18-07-05-SC, Sec. ● Pertains to duty to disclose of the
2]. government, pursuant to the policy of full
public disclosure [Art. II, Sec. 28].
Conditions for the issuance of a PHDO
1. Probable cause exists as determined by Right to Information on Matters of Public
the judge in whose court the application is Concern
filed; and ● Covers matters of public concern [Art. III,
2. There is a high probability that the Sec. 7].
respondent will depart from the Philippines
to evade arrest and prosecution of crime The people’s right to information is not
against him or her. absolute. The constitutional guarantee to
information “does not open every door to any
Validity of the PHDO and all information” [Legaspi v. CSC, G.R. No.
The order shall be valid until lifted by the 72119 (1987)]. It is limited to matters of public
issuing court as may be warranted by the concern, and is subject to such limitations as
preliminary investigation [Rule on may be provided by law. Also, the State’s policy
Precautionary Hold Departure Order, A.M. No. of full disclosure is restricted to transactions
18-07-05-SC, Sec. 6]. involving public interest, and is further subject
to reasonable conditions prescribed by law
I. Right to Information [Sereno v. CTRM-NEDA, G.R. No. 175210
(2016)].
Article III, Section 7. The right of the people to There is no rigid test in determining whether or
information on matters of public concern shall be
recognized. Access to official records, and to
not a particular information is of public concern
documents and papers pertaining to official acts, or public interest. Both terms cover a wide
transactions, or decisions, as well as to government range of issues that the public may want to be
research data used as basis for policy development, familiar with either because the issues have a
shall be afforded the citizen, subject to such direct effect on them or because the issues
limitations as may be provided by law. “naturally arouse the interest of an ordinary
citizen.” As such, whether or not the
information sought is of public interest or public
Article II, Section 28. Subject to reasonable
conditions prescribed by law, the State adopts and concern is left to the proper determination of
implements a policy of full public disclosure of all its the courts on a case-to-case basis [Sereno v.
transactions involving public interest. CTRM-NEDA, supra].
Page 144 of 384

Right to Information Covers Matters of 6. Offers exchanged during diplomatic
Public Concern: negotiations [Akbayan Citizens Action
1. Official records Party v. Aquino, G.R. No. 170516 (2008)]
2. Documents pertaining to official acts 7. Other confidential matters (i.e., RA 6713,
3. Government research date used as basis closed door Cabinet meetings, executive
for policy development sessions, or internal deliberations in the
Supreme Court) [Chavez v. PCGG,
Matters of Public Concern in supra]
Jurisprudence
● Loanable funds of GSIS [Valmonte v. b. Based on Access
Belmonte, Jr. G.R. No. 74930 (1989)] 1. Opportunity to inspect and copy records
● Civil service eligibility of sanitarian at his expense [Chavez v. PEA and
employees [Legaspi v. CSC, supra] Amari, supra]
● Appointments made to public offices and 2. Not the right to compel custodians of
the utilization of public property [Gonzales official records to prepare lists, abstracts,
v. Narvasa, G. R. No. 140835 (2000)] summaries and the like [Valmonte v.
● National board examinations such as the Belmonte, Jr., supra]
CPA Board Exams [Antolin v. Domondon,
G.R. No.165036 (2010)] c. Based on Availability
● Presidential and Vice-Presidential Debates The right is available only to citizens.
[Rappler, Inc. v. Bautista, G.R. No. 222702
(2016)] In case of denial of access, the government
Two requisites must concur before the agency has the burden of showing that the
right to information may be compelled by information requested is not of public concern,
writ of mandamus: or if it is of public concern, that the same has
1. The information sought must be in relation been exempted by law from the operation of
to matters of public concern or public the guarantee [Legaspi v. CSC, supra].
interest;
2. It must not be exempt by law from the J. Eminent Domain
operation of the constitutional guarantee
[Sereno v. CTRM-NEDA, supra]. Article III, Section 9. Private property shall not be
taken for public use without just compensation.
Restrictions to Right to Information
The right of the people to information must be
balanced against other genuine interests 1. Concept
necessary for the proper functioning of the The power of eminent domain is the inherent
government [Bernas]. right of the State to forcibly acquire needed
property upon just compensation, in order to
a. Based on Kinds of Information; devote it to the intended public use [Cruz].
Exempted information
1. Privileged information rooted in It is also called the power of expropriation.
separation of powers
2. Information of military and diplomatic Section 9, Article III merely imposes a limit on
secrets the government’s exercise of this power
3. Information affecting national and [Republic v. Tagle, G.R. No. 129079 (1998)].
economic security
4. Information on investigations of crimes by The exercise of the right of eminent domain,
law enforcers before prosecution [Chavez whether directly by the State or by its
v. PEA and Amari, G.R. No. 133250 authorized agents, is necessarily in derogation
(2002)] of private rights. The authority to condemn is to
5. Trade secrets and banking transactions be strictly construed in favor of the owner and
[Chavez v. PCGG, G.R. No. 130716 against the condemnor. When the power is
(1998)] granted, the extent to which it may be
Page 145 of 384

exercised is limited to the express terms or and without which, the government’s
clear implication of the statute in which the possession over the subject property becomes
grant is contained [National Power Corp. v. illegal [Secretary of the Department of Public
Tarcelo, G.R. No. 198139 (2014)]. Works and Highways v. Sps. Tecson, G.R. No.
179334 (2015)].
Who May Exercise
The repository of eminent domain powers is However, full payment of just compensation is
the legislature (i.e., exercised through the not a prerequisite for the Government’s
enactment of laws). But the power of eminent effective taking of the property. When the
domain may be delegated to LGUs and other taking of the property precedes the payment of
government entities (via charter); however, just compensation, the Government shall
such delegation must be made by law indemnify the property owner by way of interest
[Manapat v. CA, G.R. No. 110478 (2007)]. [Republic v. Mupas, G.R. No. 181892 (2015)].
Under the existing laws, the following Taking vs. Transfer of Title
may exercise the power of expropriation: There is taking when the owner is actually
1. Congress deprived or dispossessed of his property, or
2. President when there is a practical destruction or a
3. Local legislative bodies material impairment of the value of his
4. Certain public corporations, like the property, or when he is deprived of the ordinary
National Housing Authority (NHA) and use thereof [Republic v. Heirs of Borbon, 750
water districts [Metropolitan Cebu Water Phil. 37-56 (2015), citing Ansaldo v. Tantuico,
District v. J. King and Sons Company, Inc., Jr., 266 Phil. 319 (1990)].
G.R. No. 175983 (2009)]
5. Quasi-public corporations like the Two Phases of Expropriation:
Philippine National Railways (PNR), PLDT, a. The condemnation of the property after it is
and Meralco determined that its acquisition will be for a
public purpose or public use; and
Requisites for Valid Exercise b. The determination of just compensation to
1. Private property; be paid for the taking of private property to
2. Genuine necessity — Inherent/presumed be made by the court with the assistance of
in legislation, but when the power is not more than three commissioners
delegated (e.g., LGUs), necessity must be [Republic v. Mupas, supra].
proven;
3. For public use - Court has adopted a broad Eminent Domain vs. Regulatory Taking
definition of “public use”; a. Eminent domain is an inherent power of the
4. Payment of just compensation; state. Just compensation must be paid.
5. Due process [Manapat v. CA, supra]. b. Regulatory taking is done in the exercise of
the state’s police power. In this case, just
How Exercised compensation need not be paid.
Our laws require that the State’s power of
eminent domain shall be exercised through Examples from Jurisprudence
expropriation proceedings in court. Whenever The imposition of an aerial easement of right-
private property is taken for public use, it of-way was held to be compensable taking.
becomes the ministerial duty of the concerned The exercise of the power of eminent domain
office or agency to initiate expropriation does not always result in the taking or
proceedings [Department of Transportation appropriation of title to the expropriated
and Communication v. Sps. Abecina, G.R. No. property; it may also result in the imposition of
206484 (2016)]. a burden upon the owner of the condemned
property, without loss of title or possession
Prior filing of an expropriation case is a [National Power Corporation v. Gutierrez, G.R.
condition sine qua non before the government No. 60077 (1991)].
is allowed to enter the property being reclaimed
Page 146 of 384
A municipal ordinance prohibiting a building owners to just compensation has been
which would impair the view of the plaza from violated.
the highway was considered regulatory taking
[People v. Fajardo, G.R. No. L-12172 (1958)]. Section 3(a) of R.A. No. 6395, which limits its
liability to easement fee of not more than 10%
2. Public Use of the market value of the property traversed by
Any use directly available to the general public its transmission lines, cannot restrict the
as a matter of right and not merely of constitutional power of the courts to determine
forbearance of accommodation. just compensation.
Public use may also cover uses which, while Statutes and executive issuances fixing or
not directly available to the public, redound to providing for the method of computation just
their indirect advantage or benefit. compensation are not binding on courts and, at
best, are treated as mere guidelines in
The requirement of public use is deemed ascertaining the amount thereof.
satisfied because of the vicarious advantages
enjoyed by the people as a whole, by the General Rule: Just compensation is
promotion of social justice objectives (e.g., determined as of the date of the taking of the
equitable diffusion of property ownership; property, or the filing of the complaint,
agrarian reform; enhancement of the dignity; whichever came first [Sec. 4, Rule 67, Rules of
welfare and security of the underprivileged). Court]. If the filing of the complaint takes place
Under the new concept, “public use” means at the same time as the taking or entry, it is
public advantage, convenience or benefit, computed at the time of filing [City of Iloilo v.
which tends to contribute to the general welfare Judge Contreras-Besana, G.R. No. 168967
and the prosperity of the whole community, like (2010)].
a resort complex for tourists or housing project
[Heirs of Juancho Ardona v. Reyes, G.R. Nos. When the taking of the property sought to be
L-60549, 60553-60555 (1983); Sumulong v. expropriated coincides with the
Guerrero, G.R. No. L-48685 (1987)]. commencement of the expropriation
proceedings, or takes place subsequent to the
3. Just Compensation filing of the complaint for eminent domain, the
just compensation should be determined as of
a. Definition the date of the filing of the complaint [City of
The property’s fair market value at the time of Iloilo v. Judge Contreras-Besana, supra].
the filing of the complaint, or that sum of money
which a person desirous to buy but not Exception: When the property is taken before
compelled to buy, and an owner willing but not the filing of the complaint, assessment should
compelled to sell, would agree on as price to be made as of the time of taking or entry.
be given and received therefor [National Power
Corporation v. De Veyra, G.R. No. L-15763 The Court uniformly ruled in Secretary of the
(2008)]. Department of Public Works and Highways v.
Sps. Tecson [G.R. No. 179334 (2013)] that in
a long line of cases, the fair market value of the
b. Determination of Just
property at the time of taking is controlling for
Compensation purposes of determining just compensation
Determination of just compensation is a judicial
[Estate of Rodriguez v. National Transmission
function that cannot be “usurped by any other
Corporation, G.R. No. 245377 (2020)].
branch or official of the government” [National
Power Corporation v. Sps. Zabala, G.R. No.
In cases where the fair market value of the
173520 (2013)].
property is difficult to ascertain, the court may
use other just and equitable market methods of
No legislative enactments or executive
valuation in order to estimate the fair market
issuances can prevent the courts from
determining whether the right of the property
Page 147 of 384
value of the property [Republic v. Mupas, the difference between the just
supra]. compensation as determined by the court
and the amount already or initially paid
In order to determine just compensation, the [Republic v. Decena, et al., supra].
trial court should first ascertain the market
value of the property by considering the cost of c. Effect of Delay
acquisition, the current value of like properties,
its actual or potential uses, and in the particular General Rule: For non-payment, the remedy
case of lands, their size, shape, location, and is the demand of payment of the fair market
the tax declarations thereon [Republic v. Sps. value of the property and not the recovery of
Salvador, G.R. No. 205428 (2017)]. possession of the expropriated lots [Republic v.
Court of Appeals, G.R. No. 146587 (2002);
If as a result of the expropriation, the remaining Reyes v. National Housing Authority, G.R. No.
lot suffers from an impairment or decrease in 147511 (2003)].
value, consequential damages may be
awarded by the trial court, provided that the Exception: When the government fails to pay
consequential benefits which may arise from just compensation within five years from the
the expropriation do not exceed said damages finality of the judgment in the expropriation
suffered by the owner of the property [Republic proceedings, the owners concerned shall have
v. Sps. Salvador, supra]. the right to recover possession of their property
[Republic v. Lim, G.R. No. 161656 (2005)].
Prevailing Rate of Interest 4. Expropriation by Local

6% per annum [BSP Circular No. 799 (s. 2013), Government Units
effective July 1, 2013] .
Requisites
Just compensation contemplates just and 1. Enactment of an ordinance, not a
prompt payment, and ‘prompt’ payment, in resolution;
turn, requires the payment in full of the just 2. Must be for a public use, purpose or
compensation as finally determined by the welfare, or for the benefit of the poor and
courts. the landless;
3. Payment of just compensation;
Absent full payment of just compensation, 4. Must be preceded by a valid and definite
interest on the unpaid portion (i.e., the just offer made to the owner, who rejects the
compensation determined by the court at the same [Sps. Yusay v. CA, G.R. No. 156684
time the decision becomes final and executory (2011)].
minus the initial deposit), likewise runs as a
matter of law and follows as a matter of course
[Republic v. Decena, et al., G.R. No. 212786 K. Right to Association
(2018)]
Article III, Section 8. The right of the people,
R.A. No. 8974 Requires the Government including those employed in the public and private
to Pay at Two Stages: sectors, to form unions, association, or societies for
purposes not contrary to law shall not be abridged.
1. Immediately upon the filing of the
complaint, the initial deposit which is 100%
of the value of the property based on the Article XIII, Section 3. The State shall afford full
current relevant zonal valuation of the BIR, protection to labor, local and overseas, organized
and the value of the improvements and/or and unorganized, and promote full employment and
structures sought to be expropriated; equality of employment opportunities for all.
2. The just compensation as determined by
It shall guarantee the rights of all workers to self-
the court, when the decision becomes final organization, collective bargaining negotiations, and
and executory, in which case the peaceful concerted activities including the right to
implementing agency shall pay the owner strike in accordance with law. They shall be entitled
Page 148 of 384

to security of tenure, humane conditions of work, controversial political issues in order to find
and a living wage. They shall also participate in solutions capable of satisfying everyone
policy and decision-making processes affecting concerned. Only if a political party incites
their rights and benefits as may be provided by law. violence or puts forward policies that are
incompatible with democracy does it fall
xxx
outside the protection of the freedom of
association guarantee [Ang Ladlad LGBT Party
Article IX-B, Section 2(5). The right to self- v. COMELEC, supra].
organization shall not be denied to government
employees. Freedom not to Associate
Freedom of association presupposes freedom
not to associate [Roberts v. United States
How Should the Limitation “For Purposes
Jaycees, 468 U.S. 609 (1984)].
not Contrary to Law” be Interpreted?
Unless an association or society could be
Government actions that unconstitutionally
shown to create an imminent danger to public
burden that right may take many forms, one of
safety, there is no justification for abridging the
which is intrusion into a group’s internal affairs
right to form associations.
by forcing it to accept a member it does not
desire. Such forced membership is
The government must comply with the heavy
unconstitutional if the person’s presence
burden of showing that the organization in fact
affects in a significant way the group’s ability to
presents a clear and present danger of
advocate public or private viewpoints [Boy
substantive evil which the State has the right to
Scouts of America v. Dale, 530 US 640 (2000)].
protect [Bernas].
1. Scope and Limitations L. Non-Impairment of Contracts
The right is recognized as belonging to people Article III, Section 10. No law impairing the
whether employed or unemployed, and obligation of contracts shall be passed.
whether in the government or in the private
sector includes the right to unionize. 1. Scope and Limitations
The State does not infringe on the fundamental The non-impairment clause ensures that the
right to form lawful associations when it leaves integrity of contracts is protected from any
to citizens the power and liberty to affiliate or unwarranted State interference. It ensures that
not affiliate with labor unions [Victoriano v. the terms of a contract mutually agreed upon
Elizalde Rope Workers Union, supra]. by the parties are not tampered with or
modified by a subsequent law [BDO, Inc. v.
Every group has a right to join the democratic ICEC, G.R. Nos. 218485-86 & 218493-97
process, association itself being an act of (2021)].
expression of the member’s belief, even if the
group offends the sensibilities of the majority. The non-impairment clause is limited in
Any restriction to such requires a compelling application to laws that derogate from prior acts
state interest to be proven by the State [Ang or contracts by enlarging, abridging or in any
Ladlad LGBT Party v. COMELEC, G.R. No. manner changing the intention of the parties
190582 (2010)]. [PADPAO v. COMELEC, G.R. No. 223505
(2017)].
Political parties may freely be formed although
there is a restriction on their activities [...] but This provision prohibits the passing of a law
the ban is narrow, not total. It operates only on that changes the terms of an already existing
concerted or group action of political parties. contract which:
1. Changes the terms of a contract between
A political group should not be hindered solely the parties;
because it seeks to publicly debate
Page 149 of 384
2. Imposes new conditions; Examples of Valid Impairment of
3. Dispenses with those agreed upon; or Contracts
4. Withdraws remedies for the enforcement of 1. Invalidating contracts concerning forest
the rights of the parties [PADPAO v. lands. Preservation of forest lands could
COMELEC, supra]. entail intrusion upon contractual rights if it
is for the benefit of the many [Land Bank of
A change in procedural remedies which does the Phils. v. Republic, G.R. No. 150824
not diminish substantive rights or increase (2008)].
substantive obligations does not violate the 2. Caps on the rates that cooperatives can
guarantee. charge [SURNECO v. Energy Regulatory
Commission, G.R. No. 183626 (2010)].
Substantial impairment is a law which changes 3. Municipal ordinance, invalidating
the terms of a legal contract between parties, restrictions set by private developers
either in the time or mode of performance, or regarding the use of land [Learning Child,
imposes new conditions, or dispenses with Inc. v. Ayala Alabang Village Association,
those expressed, or authorizes for its G.R. No. 134269 (2010)].
satisfaction something different from that
provided in its terms, is law which impairs the c. Exclusions
obligation of a contract and is therefore null and The non-impairment clause is a limit on
void [Lepanto Consolidated Mining Co. v. legislative power, and not of judicial or quasi-
WMC Resources Int’l. Pty. Ltd., G.R. No. judicial power [BPI v. SEC, G.R. No. 164641
162331 (2006)]. (2007)].
Contemporary Application of the Non- Examples of Contracts Not Included in

Impairment Clause the Provision:
1. Timber license contracts [Republic v.
a. When Non-Impairment Clause Prevails Pagadian City Timber Co., Inc., G.R. No.
1. Against the removal of tax exemptions, 159308 (2008)].
where the consideration for the 2. Franchise contracts [PAGCOR v. BIR,
contract is the tax exemption itself. G.R. No. 208731 (2016)].
2. Regulation on loans. New regulations 3. Exercise of quasi-judicial powers of a
on loans making redemption of department, even if affirmed by the
property sold on foreclosure stricter are President [Hacienda Luisita v. PARC, G.R.
not allowed to apply retroactively [Co v. No. 171101 (2011)].
Philippine National Bank, G.R. No. L-
51767 (1982)] Note: Timber licenses, permits, and license
agreements are the principal instruments by
b. When Non-Impairment Clause Yields which the State regulates the utilization and
1. Valid exercise of police power (i.e., disposition of forest resources to the end that
zoning regulation) [Presley v. Bel-Air public welfare is promoted. They are not
Village Association, Inc., G.R. No. deemed contracts within the purview of the due
86774 (1991)]. process of law clause [Oposa v. Factoran, Jr.,
2. Premature campaign ban [Chavez v. G.R. No. 101083 (1993)].
COMELEC, G.R. No. 162777 (2004)].
3. Liquidation of a chartered bank The Court held that the non-impairment clause
[Philippine Veterans Bank Employees does not apply to the 1992 Memorandum of
Union v. Philippine Veterans Bank, Agreement (MOA) between The Government
G.R. No. 67125 (1990)]. of the Republic of the Philippines and the
4. Statute that exempts a party from any Marcos family. If one Congress cannot limit or
on class of taxes. reduce the plenary legislative power of
5. Against freedom of religion [Victoriano succeeding Congresses, so, too, the exercise
v. Elizalde Rope Workers, supra]. of executive power by the past president
6. Judicial or quasi-judicial order. cannot emasculate that of the incumbent
Page 150 of 384

president. The discretionary act of the former is Extending fee exemption to a juridical person
not binding upon and cannot tie the hands of may be prone to abuse by corporations and
the latter, who may alter the same” [Ocampo v. entities bent on circumventing the rule thereof.
Enriquez, G.R. No. 225973 (2017)].
Indigent Party
A party may be authorized to litigate his action,
M. Free Access to Courts and claim or defense as an indigent if the court,
Adequate Legal Assistance upon an ex parte application and hearing, is
satisfied that the party is one who has no
Article III, Section 11. Free access to the courts money or property sufficient and available for
and quasi-judicial bodies and adequate legal food, shelter and basic necessities for himself
assistance shall not be denied to any person by and his family.
reason of poverty.
Such authority shall include an exemption from
payment of docket and other lawful fees, and
Rules of Court, Rule 3, Section 21. Indigent party.
— … If the court should determine after hearing that
of transcripts of stenographic notes which the
the party declared as an indigent is in fact a person court may order to be furnished to him.
with sufficient income or property, the proper docket
and other lawful fees shall be assessed and If the applicant for exemption meets the salary
collected by the clerk of court. and property requirements under Section 19 of
Rule 141, then the grant of the application is
mandatory. When the application does not
Rules of Court, Rule 141, Section 19. Indigent
litigants exempt from payment of legal fees. —
satisfy one or both requirements, then the
Indigent litigants (a) whose gross income and that of application should not be denied outright;
their immediate family do not exceed four thousand instead, the court should apply the “indigency
(P4,000.00) pesos a month if residing in Metro test” under Section 21 of Rule 3 and use its
Manila, and three thousand (P3,000.00) pesos a sound discretion in determining the merits of
month if residing outside Metro Manila, and (b) who the prayer for exemption [Sps. Algura v. LGU
do not own real property with an assessed value of
more than fifty thousand (P50,000.00) pesos shall
of Naga City, G.R. No. 150135 (2006)].
be exempt from the payment of legal fees.
Free Access to the Court Does NOT Mean
The legal fees shall be a lien on any judgment the Courts Cannot Impose Filing Fees
rendered in the case favorably to the indigent Exemption of cooperatives from payment of
litigant, unless the court otherwise provides.
court and sheriff fees no longer stands.
To be entitled to the exemption herein provided, the Cooperatives can no longer invoke R.A. No.
litigant shall execute an affidavit that he and his 6938, as amended by R.A. No. 9520, as basis
immediate family do not earn a gross income above for exemption from the payment of legal fees
mentioned, nor they own any real property with the [Re: Perpetual Help Community Cooperative,
assessed value aforementioned, supported by an A.M. No. 12-2-03-0 (2012)].
affidavit of a disinterested person attesting to the
truth of the litigant’s affidavit.
Any falsity in the affidavit of a litigant or disinterested

person shall be sufficient cause to strike out the
pleading of that party, without prejudice to whatever
criminal liability may have been incurred.
Concept
The Constitution explicitly premised the fee
access clause on a person’s poverty, a
condition from which only a natural person can
suffer.
Page 151 of 384

N. Custodial Investigation counsel, preferably of his own choice, who shall at
all times be allowed to confer privately with the
person arrested, detained or under custodial
1. Meaning of Custodial Investigation investigation. If such person cannot afford the
services of his own counsel, he must be provided
Article III, Section 12. with a competent and independent counsel by the
(1) Any person under investigation for the investigating officer.
commission of an offense shall have the right to
be informed of his right to remain silent and to
have competent and independent counsel a. Availability
preferably of his own choice. If the person
cannot afford the services of counsel, he must a. When the person is already under
be provided with one. These rights cannot be custodial investigation;
waived except in writing and in the presence of b. During “critical pre-trial stages” in the
counsel.
(2) No torture, force, violence, threat, intimidation,
criminal process.
or any other means which vitiate the free will
shall be used against him. Secret detention Custodial Investigation
places, solitary, incommunicado, or other Involves any questioning initiated by law
similar forms of detention are prohibited. enforcement.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him. When the investigation is no longer a general
(4) The law shall provide for penal and civil inquiry unto an unsolved crime but has begun
sanctions for violations of this section as well as to focus on a particular suspect, as when the
compensation to the rehabilitation of victims of suspect has been taken into police custody and
torture or similar practices, and their families. the police carries out a process of interrogation
that lends itself to eliciting incriminating
Miranda Warning statements [People v. Marra y Zarate, G.R. No.
The person under custodial investigation must 108494 (1994)].
be informed that:
1. He has a right to remain silent and that any Includes issuing an invitation to a person under
statement he makes may be used as investigation in connection with an offense he
evidence against him; is suspected to have committed [Sec. 2, R.A.
2. That he has a right to have competent and No. 7438].
independent counsel of his choice;
3. That he has a right to be informed of the Custodial Investigation Report
first two rights. a. Reduced to writing by the investigating
officer;
2. Rights of a Person Under Custodial b. It shall be read and adequately explained
to person arrested or detained by counsel
Investigation
or assisting counsel in a language or
dialect known to him.
RA 7438: Rights of Persons Under Custodial
Investigation Non-compliance with the second requirement
Section 1. Statement of Policy. – It is the policy of
the State to value the dignity of every human being will render the report null and void and of no
and guarantee full respect for human rights. effect whatsoever [Sec. 2(c), R.A. No. 7438].
Section 2. Rights of Persons Arrested, Detained or Critical Pre-Trial Stage

Under Custodial Investigation; Duties of Public Any critical confrontation by the prosecution at
Officers. –
pretrial proceedings where the results might
(b) Any public officer or employee, or anyone acting
under his order or his place, who arrests, detains or well determine his fate and where the absence
investigates any person for the commission of an of counsel might derogate from his right to a
offense: shall inform the latter, in a language known fair trial [U.S. v. Wade, 388 U.S. 218 (1967)].
to and understood by him, of his rights to remain
silent and to have competent and independent
Page 152 of 384

Show-up and Police Line-up 2. Right to Counsel
General Rule: No right to counsel.
Section 2. Rights of Persons Arrested, Detained or
Exception: Right to counsel if accusatory. The Under Custodial Investigation; Duties of Public
moment there is a move or even an urge of said Officers. – (a) Any person arrested, detained or
investigators to elicit admissions or under custodial investigation shall at all times be
confessions or even plain information which assisted by counsel.
may appear innocent or innocuous at the time,
from said suspect [Gamboa v. Cruz, G.R. No. Competent and independent counsel
L-56291 (1988)]. preferably of the suspect’s own choice.
Show-up Not independent counsel: special counsel,

● Out-of-court identification; prosecutor, counsel of the police or a municipal
● Accused is brought face-to-face with the attorney whose interest is adverse to that of the
witness for identification. accused [People v. Fabro, G.R. No. 95089
(1997)], mayor [People v. Taliman, G.R. No.
Police Line-up 109143 (2000)], barangay captain [People v.
● Suspect is identified by witness from a Tomaquin, G.R. No. 133188 (2004)].
group of persons gathered for that
purpose; A lawyer who was applying for work in the NBI
● When the petitioner was identified by the cannot be considered independent because he
complainant at the police line-up, he had cannot be expected to work against the interest
not been held yet to answer for a criminal of a police agency he was hoping to join, as a
offense. The police line-up is not a part of few months later, he in fact was admitted into
the custodial inquest, hence, he was not its work force [People v. Januario, G.R. No.
yet entitled to counsel. 98252 (1997)].
b. Requisites Not competent counsel: lawyer signing only as

witness [People v. Ordoño, G.R. No. 132154
Effective communication by the investigator of (2000)], mayor of town where accused is
rights of accused [People v. Agustin, G.R. No. detained [People v. Velarde y Bandojo, G.R.
110290 (1995)]. No. 139333 (2002)].
1. Right to Remain Silent Failure to ask for a lawyer does not constitute
The warning is needed simply to make the a waiver.
person under custodial investigation aware of
the existence of the right. No effective waiver of the right to counsel
during interrogation can be recognized unless
This warning is the threshold requirement for specifically made after the warnings have been
an intelligent decision as to its exercise. given.
Further, the warning will show the individual Request for assistance of counsel before any
that his interrogators are prepared to recognize interrogation cannot be ignored/denied by
his privilege should he choose to exercise it. authorities. Not only right to consult with an
attorney but right to be given a lawyer to
The warning of the right to remain silent must represent him if he’s indigent.
be accompanied by the explanation that
anything said can and will be used against the
individual in court. This warning is needed in
order to make him aware not only of the
privilege to remain silent, but also of the
consequences of forgoing it.
Page 153 of 384

3. Rights to Visitation and Conference Burden Of Proving Voluntariness of
Waiver
Section 2. Rights of Persons Arrested, Detained or Presumption is against the waiver. Burden of
Under Custodial Investigation; Duties of Public proof lies with the prosecution.
Officers. – xxx (f) Any person arrested or detained
or under custodial investigation shall be allowed Prosecution must prove with strongly
visits by or conferences with any member of his convincing evidence to the satisfaction of the
immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member
Court that indeed the accused:
of his immediate family or by his counsel, or by any a. Willingly and voluntarily submitted his
national non-governmental organization duly confession; and
accredited by the Commission on Human Rights or b. Knowingly and deliberately manifested that
by any international non-governmental organization he was not interested in having a lawyer
duly accredited by the Office of the President. The assist him during the taking of that
person’s “immediate family” shall include his or her
spouse, fiancé or fiancée, parent or child, brother or
confession [People v. Jara, G.R. No. L-
sister, grandparent or grandchild, uncle or aunt, 61356-57 (1986)].
nephew or niece, and guardian or ward.
4. Exclusionary Doctrine
3. Requisites of a Valid Waiver Exclusionary Rule
According to this rule, once the primary source
What can be waived? (the tree) is shown to have been unlawfully
The right to remain silent and the right to obtained, any secondary or derivative evidence
counsel. (the fruit) derived from it is also inadmissible.
The fruit of the poisonous tree is at least once
What cannot be waived? removed from the illegally seized evidence, but
The right to be given the Miranda warnings. it is equally inadmissible. The rule is based on
the principle that evidence illegally obtained by
Rule on Waiver [Art. III, Sec. 12] the State should not be used to gain other
a. Must be in writing; evidence because the originally illegally
b. Made in the presence of counsel. obtained evidence taints all evidence
subsequently obtained [People v.
Section 2. Rights of Persons Arrested, Detained or Samontañez, G.R. No. 134530 (2000)].
Under Custodial Investigation; Duties of Public
Officers. – xxx (c) The custodial investigation report Violations of the Miranda rights render
shall be reduced to writing by the investigating
inadmissible only the extrajudicial confession
officer, provided that before such report is signed, or
thumbmarked if the person arrested or detained or admission made during the custodial
does not know how to read and write, it shall be read investigation. The admissibility of other
and adequately explained to him by his counsel or evidence is not affected even if obtained or
by the assisting counsel provided by the taken in the course of the custodial
investigating officer in the language or dialect known investigation [People v. Malimit, G.R. No.
to such arrested or detained person, otherwise, such
109775 (1996)].
investigation report shall be null and void and of no
effect whatsoever.
Extrajudicial Confession by a Person
Any waiver by a person arrested or detained under Arrested, Detained or Under Custodial
the provisions of Article 125 of the Revised Penal Investigation
Code, or under custodial investigation, shall be in
1. Shall be in writing; and
writing and signed by such person in the presence
of his counsel; otherwise the waiver shall be null and 2. Signed in the presence of his counsel or in
void and of no effect. the latter’s absence:
a. upon a valid waiver; and
b. in the presence of any of the following:
i. Any of the parents;
ii. Older brother and sisters;
iii. Spouse;
Page 154 of 384
iv. Municipal mayor; thereat.
v. Municipal judge; When an accused under custody escapes, he
shall be deemed to have waived his right to be
vi. District school supervisor;
present on all subsequent trial dates until
vii. Priest or minister of the gospel as custody over him is regained. Upon motion, the
chosen by him. accused may be allowed to defend himself in
person when it sufficiently appears to the court
Otherwise, such extrajudicial confession shall that he can properly protect his right without the
be inadmissible as evidence in any proceeding assistance of counsel.
d. To testify as a witness in his own behalf but
[Sec. 2d, R.A. No. 7438].
subject to cross-examination on matters
covered by direct examination. His silence shall
In the absence of a valid waiver, any not in any manner prejudice him.
confession obtained from the appellant during e. To be exempt from being compelled to be a
the police custodial investigation relative to the witness against himself.
crime, including any other evidence secured by f. To confront and cross-examine the witnesses
against him at the trial. Either party may utilize
virtue of the said confession is inadmissible in
as part of its evidence the testimony of a
evidence even if the same was not objected to witness who is deceased, out of or cannot with
during the trial by the counsel of the appellant due diligence be found in the Philippines,
[People v. Samontañez, supra]. unavailable or otherwise unable to testify, given
in another case or proceeding, judicial or
administrative, involving the same parties and
O. Rights of the Accused subject matter, the adverse party having the
opportunity to cross-examine him.
Article III, Section 14. g. To have compulsory process issued to secure
(1) No person shall be held to answer for a criminal the attendance of witnesses and production of
offense without due process of law. other evidence in his behalf.
(2) In all criminal prosecutions, the accused shall h. To have speedy, impartial and public trial.
be presumed innocent until the contrary is i. To appeal in all cases allowed and in the
proved, and shall enjoy the right to be heard by manner prescribed by law.
himself and counsel, to be informed of the
nature and cause of the accusation against 1. Criminal Due Process
him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to
have compulsory process to secure the
In criminal proceedings then, due process is
attendance of witnesses and the production of satisfied if the accused is “informed as to why
evidence in his behalf. However, after he is proceeded against and what charge he
arraignment, trial may proceed notwithstanding shall meet, with his conviction being made to
the absence of the accused provided that he rest on evidence that is not tainted with falsity
has been duly notified and his failure to appear after full opportunity for him to rebut it and the
is unjustifiable.
sentence being implied in accordance with a
valid law. It is assumed, of course, that the
Rules of Court, Rule 115, Section 1. Rights of court that rendered the decision is one of
accused at the trial. — In all criminal prosecutions, competent jurisdiction [Mejia v. Pamaran,
the accused shall be entitled to the following rights:
supra].
a. To be presumed innocent until the contrary is
proved beyond reasonable doubt.
b. To be informed of the nature and cause of the Requisites
accusation against him. 1. Accused is heard by a court of competent
c. To be present and defend in person and by jurisdiction;
counsel at every stage of the proceedings, from 2. Accused is proceeded against under the
arraignment to promulgation of the judgment.
The accused may, however, waive his
orderly process of law;
presence at the trial pursuant to the stipulations 3. Accused is given notice and opportunity to
set forth in his bail, unless his presence is be heard; and
specifically ordered by the court for purposes of 4. Judgment rendered is within the authority
identification. of a constitutional law.
The absence of the accused without justifiable
cause at the trial of which he had notice shall
be considered a waiver of his right to be present
Page 155 of 384

2. Bail or life imprisonment when evidence of guilt
is strong, regardless of the stage of the
criminal prosecution [Sec. 7, Rule 114,
Article III, Section 13. All persons, except those
charged with offenses punishable by reclusion ROC].
perpetua when evidence of guilt is strong, shall, b. Military men who participated in failed coup
before conviction, be bailable by sufficient sureties, d’état because of their threat to national
or be released on recognizance as may be provided security [Comendador v. De Villa, G.R. No.
by law. The right to bail shall not be impaired even 93177 (1991)].
when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
When Available
General Rule: From the very moment of arrest
(which may be before or after the filing of formal
Rules of Court, Rule 114, Section 1. Bail defined.
— Bail is the security given for the release of a charges in court) up to the time of conviction by
person in custody of the law, furnished by him or a final judgement (which means after appeal.
bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter Arraignment of the accused is not essential to
specified. Bail may be given in the form of corporate the approval of the bail bond. When bail is
surety, property bond, cash deposit, or
authorized, it should be granted before
recognizance. (1a)
arraignment. Otherwise, the accused may be
precluded from filing a motion to quash. Also,
Purpose of Bail the court will be assured of the presence of the
“The purpose for bail is to guarantee the accused at the arraignment precisely by
appearance of the accused at the trial, or granting bail and ordering his presence at any
whenever so required by the Court. The stage of the proceeding [Lavides v. CA, G.R.
amount should be high enough to assure the No. 129670 (2000)].
presence of the accused when required but no
higher than is reasonably calculated to fulfill Rules of Court, Rule 114, Section 18. Notice of
this purpose. To fix bail at an amount application to prosecutor. — In the application for
equivalent to the civil liability of which petitioner bail under section 8 of this Rule, the court must give
is charged is to permit the impression that the reasonable notice of the hearing to the prosecutor
amount paid as bail is an exaction of the civil or require him to submit his recommendation.
liability that accused is charged of; this we
cannot allow because bail is not intended as a In this jurisdiction, before a judge may grant an
punishment, nor as a satisfaction of civil liability application for bail, whether bail is a matter of
which should necessarily await the judgment of right or discretion, the prosecutor must be
the appellate court” [Yap, Jr., v. CA, G.R. No. given reasonable notice of hearing or he must
141529 (2001)]. be asked to submit his recommendation
Basis of Right: Presumption of Innocence [Taborite v. Sollesta, A.M. No. MTJ-02-1388
The right to bail springs from the presumption (2003)].
of innocence accorded every accused upon
whom should not be inflicted incarceration at The prosecution must first be accorded an
the outset since, after the trial, he would be opportunity to present evidence. It is on the
entitled to acquittal, unless his guilt be basis of such evidence that judicial discretion
established beyond reasonable doubt is exercised in determining whether the
[Paderanga v. CA, G.R. No. 115407 (1995)]. evidence of guilt of the accused is strong. In
other words, discretion must be exercised
Who May Avail of Bail regularly, legally and within the confines of
General Rule: All persons under custody of procedural due process, that is, after
the law evaluation of evidence submitted by the
prosecution [Taborite v. Sollesta, supra].
Exceptions:
a. Those charged with a capital offense, or an Bail for the provisional liberty of the accused
offense punishable by reclusion perpetua regardless of the crime charged should be
Page 156 of 384

allowed independently of the merits of the Thus, the order granting or refusing bail must
charge, provided his continued incarceration is contain a summary of the evidence for the
clearly shown to be injurious to his health or to prosecution followed by the conclusion on
endanger his life [Enrile v. Sandiganbayan, whether or not the evidence of guilt is strong.
G.R. No. 213847 (2015)].
The clear implication therefore, is that if an
Bail As a Matter of Right accused who is charged with a crime
All persons, except those charged with punishable by reclusion perpetua is convicted
offenses punishable by reclusion perpetua by the trial court and sentenced to suffer such
when evidence of guilt is strong, shall, before a penalty, bail is neither a matter of right on the
conviction, be bailable by sufficient sureties, or part of the accused nor of discretion on the part
be released on recognizance as may be of the court. In such a situation, the court would
provided by law. The right to bail shall not be xxx have xxx ruled that the accused’s guilt has
impaired even when the privilege of the writ of been proven beyond reasonable doubt. Bail
habeas corpus is suspended. must not then be granted to the accused during
the pendency of his appeal from the judgment
Excessive bail shall not be required [Art. III, of conviction [People v. Nitcha, G.R. No.
Sec. 13]. 113517 (1995)]”
Bail As a Matter of Discretion b. In Extradition Proceedings

When the accused has been convicted in the
RTC of an offense not punishable by death, Extradition courts do not render judgements of
reclusion perpetua or life imprisonment, the conviction or acquittal so it does not matter
admission to bail becomes discretionary [Sec. whether or not the crimes the accused is being
5, Rule 114, ROC]. extradited for is punishable by reclusion
perpetua [US Government v. Judge Puruganan
Note: Since the grant of bail is a matter of and Mark Jimenez, G.R. No. 148571 (2002)].
discretion, a hearing must be conducted
whether or not the prosecution refuses to While our extradition law does not provide for
present evidence and the prosecutor must be the grant of bail to an extradite, however, there
notified to require him to submit his is no provision prohibiting him or her from filing
recommendation. This notice of hearing a motion for bail, a right to due process under
applies in all cases whether bail is a matter of the Constitution. [Government of Honk Kong
right or a matter of discretion [Zuño v. Cabebe, SAR v. Olalia, G.R. No. 153675 (2007)].
A.M. OCA No. 03-1800-RTJ, (2004) citing
Cortes v. Catral, A.M. No. RTJ-97-1387, Standards for Fixing Bail
(1997)].
In the cases where the grant of bail is Rules of Court, Rule 114, Section 9. Amount of
discretionary, due process requires that the bail; guidelines. — The judge who issued the
prosecution must be given an opportunity to warrant or granted the application shall fix a
present, within a reasonable time, all the reasonable amount of bail considering primarily, but
evidence that it may desire to introduce before not limited to, the following factors:
(a) Financial ability of the accused to give bail;
the court should resolve the motion for bail (b) Nature and circumstances of the offense;
[People v. Judge Donato, G.R. No. 79269 (c) Penalty for the offense charged;
(1991)]. (d) Character and reputation of the accused;
(e) Age and health of the accused;
a. In Case the Evidence of Guilt is Strong (f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
In such a case, according to People v. San (i) The fact that accused was a fugitive from justice
Diego [G.R. No. L-29676 (1966)] the court’s when arrested; and
discretion to grant bail must be exercised in the (j) Pendency of other cases where the accused is
light of a summary of the evidence presented on bail.
by the prosecution.
Page 157 of 384

Excessive bail shall not be required. innocence [Alejandro v. Pepito, G.R. L-52090
(1980)].
Discretion is with the court called upon to rule The presumption of regularity in official duties
on the question of bail. We must stress, cannot by itself prevail over the presumption of
however, that where conditions imposed upon innocence of the accused. But where it is not
a defendant seeking bail would amount to a the sole basis for conviction, the presumption
refusal thereof and render nugatory the of regularity of performance of official functions
constitutional right to bail, we will not hesitate may prevail over the constitutional presumption
to exercise our supervisory powers to provide of innocence [People v. Acuram, G.R. No.
the required remedy [De La Camara v. Enage, 117954 (2000); People v. Abenes y Pascua,
G.R. No. L-32951-52 (1971)]. G.R. No. 210878 (2016)].
Duties of a Trial Judge in Case an A corporate entity has no personality to invoke

Application for Bail is Filed: the right to be presumed innocent which right
1. In all cases, whether bail is a matter of right is available only to an individual who is an
or of discretion, notify the prosecutor of the accused in a criminal case [Feeder
hearing of the application for bail or require International Line, Pte. v. CA, G.R. No. 94262
him to submit his recommendation (Sec. (1991)].
18, Rule 114, ROC);
2. Where bail is a matter of discretion, Equipoise Rule
conduct a hearing of the application for bail The presumption of innocence has given rise
regardless of whether or not the to a jurisprudential rule referred to as the
prosecution refuses to present evidence to equipoise rule.
show that the guilt of the accused is strong
for the purpose of enabling the court to Where the evidence adduced by the parties is
exercise its sound discretion (Sec. 7 and 8, evenly balanced, the constitutional
Rule 114, ROC); presumption of innocence should tilt the
3. Decide whether the guilt of the accused is balance in favor of the accused [Corpuz v.
strong based on the summary of evidence People, G.R. No. 180016 (1991)].
of the prosecution; and
4. If the guilt of the accused is not strong, The application of the rule is triggered by a
discharge the accused upon approval of situation where:
the bail bond (Sec. 19, Rule 114, ROC) a. The court is faced with conflicting versions
[Cortes v. Catral, A.M. No. RTJ-97-1387 of the prosecution and the defense; and
(1997)]. b. The evidence, facts, and circumstances
3. Presumption of Innocence are capable of two or more explanations,
The requirement of proof beyond reasonable one of which is consistent with the
doubt is a necessary corollary of the innocence of the accused and the other
constitutional right to be presumed innocent consistent with his guilt.
[People v. Dramayo, G.R. No. L-21325 (1971)].
Proof Beyond Reasonable Doubt
The presumption of innocence in favor of the Proof beyond reasonable doubt does not mean
accused imposes upon the People of the such a degree of proof, excluding possibility of
Philippines, “as the plaintiff in criminal cases, to error, produces absolute certainty. Moral
prove beyond reasonable doubt not only each certainty only is required, or that degree of
element of the crime but also the identity of the proof which produces conviction in an
accused as the criminal” [People v. Espera y unprejudiced mind [Sec. 2, Rule 133, ROC].
Cuyacot, G.R. No. 202868, (2013)].
In order that circumstantial evidence may
The accused cannot present evidence before warrant conviction, the following requisites
the prosecution does so, even if the accused must concur:
pleads guilty. It violates the presumption of 1. There is more than once circumstance;
Page 158 of 384

2. The facts from which the inferences are informed of his right to remain silent and to have
derived from are proven; and competent and independent counsel preferably of
3. The combination of all the circumstances is his own choice. If the person cannot afford the
such as to produce a conviction beyond services of counsel, he must be provided with one.
reasonable doubt [People v. Bato, G.R. No. These rights cannot be waived except in writing and
in the presence of counsel.
113804 (1998)].
4. Right to be Heard Rules of Court, Rule 115, Section 1(c). Rights of

accused at the trial. — In all criminal prosecutions,
the accused shall be entitled to the following rights:
Article III, Section 14(2).
(2) In all criminal prosecutions, the accused shall be
(c) To be present and defend in person and by
presumed innocent until the contrary is proved, and
counsel at every stage of the proceedings, from
shall enjoy the right to be heard by himself and
arraignment to promulgation of the judgment.
counsel.
R.A. No. 7438, Section 2(a). Rights of Persons

Article III, Section 12(1).
Arrested, Detained or Under Custodial Investigation;
(1) Any person under investigation for the
Duties of Public Officers. – (a) Any person arrested
commission of an offense shall have the right to be
detained or under custodial investigation shall at all
informed of his right to remain silent and to have
times be assisted by counsel.
competent and independent counsel preferably of
his own choice. If the person cannot afford the
services of counsel, he must be provided with one. It means the accused is amply accorded legal
These rights cannot be waived except in writing and
in the presence of counsel.
assistance extended by a counsel who
commits himself to the cause of the defense
and acts accordingly. It is an efficient and truly
It means the accused is amply accorded legal decisive legal assistance, and not simply a
assistance extended by a counsel who perfunctory representation.
commits himself to the cause of the defense
and acts accordingly. It is an efficient and truly The right to counsel proceeds from the
decisive legal assistance, and not simply a fundamental principle of due process which
perfunctory representation [People v. Bermas, basically means that a person must be heard
G.R. No. 120420 (1999)]. before being condemned. The due process
requirement is part of a person’s basic rights; it
The right of the accused to present evidence is is not a mere formality that may be dispensed
guaranteed by no less than the Constitution with or performed perfunctorily [People v.
itself. Article III, Section 14(2) thereof, provides Bermas, G.R. No. 120420, (1999)].
that in all criminal prosecutions, the accused
shall enjoy the right to be heard by himself and One need not, however, be an accused to avail
counsel. This constitutional right includes the of the right to counsel and the right to counsel
right to present evidence in one’s defense, as does not commence only during trial. Every
well as the right to be present and defend person under custody of the law enjoys the
oneself in person at every stage of the right. Even a person under investigation for an
proceedings. Stripping the accused of all his offense has the right to have a competent and
pre-assigned trial dates constitutes a patent independent counsel preferably of his own
denial of the constitutionally guaranteed right to choice [Riano].
due process [Villareal v. People, G.R. No.
151258 (2012)]. Elements of the Right to Counsel:
a. Court’s duty to inform the accused of right
5. Right to Counsel to counsel before being arraigned;
b. It must ask him if he desires the services of
Article III, Section 12(1). counsel;
(1) Any person under investigation for the c. If he does, and is unable to get on, the
commission of an offense shall have the right to be Court must give him one; if the accused
Page 159 of 384

wishes to procure private counsel, the c. Subpoena
Court must give him time to obtain one.
d. Where no lawyer is available, the Court 10. Trial in Absentia
may appoint any person resident of the
province and of good repute for probity and Requisites
ability. a. Accused failed to appear for trial despite
postponement and notice;
6. Right to be Informed of the Nature b. Failure to appear is unjustified;
and Cause of Accusation c. After arraignment.
Procedural due process requires that the Consequences of the Accused’s Failure
accused must be informed why he is being to Appear for Trial
prosecuted and what charge he must meet Waiver of right to cross-examine and present
[Vera v. People, G.R. No. L-31218 (1970)]. evidence [Gimenez v. Nazareno, G.R. No. L-
37933 (1988)].
7. Right to Speedy, Impartial and
Public Trial When Presence of the Accused is a Duty
See: P. Right to Speedy Trial and Speedy General Rule:

Disposition of Cases a. Arraignment and Plea
Section 1(b) of Rule 116 requires that the
8. Right of Confrontation “accused must be present at the
arraignment and must personally enter his
Serves as the basis of the right to cross- plea.”
examination.
b. During Trial for Identification
Two-Fold Purpose Common reason suggests that the
a. To afford the accused an opportunity to test prosecution must be afforded the right to
identify the accused as the perpetrator of
the testimony of the witness by cross-
examination. the offense and the very person named or
b. To allow the judge to observe the described in the complaint or information
because rights during the trial are not
deportment of [the] witness [Go v. People,
G.R. No. 185527 (2012)]. designed to be for the accused alone.
c. Promulgation of Sentence
9. Right to Compulsory Processes
The right to compulsory process may be P. Right to Speedy Trial and

invoked by the accused to secure the Speedy Disposition of Cases
attendance of witnesses and the production of
witnesses in his behalf. This is a constitutional Article III, Section 16. All persons shall have the
right embodied in Sec. 14(2), Art. III of the Bill right to a speedy disposition of their cases before all
of Rights. judicial, quasi-judicial, or administrative bodies.
In case of the unjustified failure of the witness

The right to speedy disposition of cases is not
to comply, the court or judge issuing the
limited to the accused in criminal proceedings
subpoena, upon proof of the service of such
but extends to all parties in all cases, be it civil
subpoena and proof of his failure to attend,
or administrative in nature, as well as all
may issue a warrant for his arrest [ROC, Rule
proceedings, either judicial or quasi-judicial
21, Sec. 8].
[Coscolluela v. Sandiganbayan, G.R. No.
191411 (2013)].
Compulsory Process
a. Right to Secure Attendance of Witness
b. Right to Production of Other Evidence
Page 160 of 384
While the right to speedy trial is invoked against ● The defects in a motion are not reasons for
courts of law, the right to speedy disposition of a judge not to act on the same [Heirs of
cases may be invoked before quasi-judicial or Simeon Piedad v. Estrera, A.M. No. RTJ-
administrative tribunals in proceedings that are 09-2170 (2009)].
adversarial and may result in possible criminal
liability [Cagang v. Sandiganbayan, Fifth Inordinate delay in the resolution and
Division, G.R. Nos. 206438, 210141-42 termination of a preliminary investigation
(2018)]. violates the accused’s right to due process and
the speedy disposition of cases, and may result
Due regard must be given to the facts and in the dismissal of the case against the
circumstances surrounding each case xxx. accused. The burden of proving delay depends
What the Constitution prohibits are on whether delay is alleged within the periods
unreasonable, arbitrary and oppressive delays provided by law or procedural rules. If the delay
which render rights nugatory [Ombudsman v. is alleged to have occurred during the given
Jurado, G.R. No. 154155 (2008)]. periods, the burden is on the respondent or the
accused to prove that the delay was inordinate.
Note: The following show rulings of the Court If the delay is alleged to have occurred beyond
wherein the delay caused by the judge was not the given periods, the burden shifts to the
excused: prosecution to prove that the delay was
● A judge’s illness should not be an excuse reasonable under the circumstances and that
for his failure to render the corresponding no prejudice was suffered by the accused as a
decision or resolution within the prescribed result of the delay [Cagang v. Sandiganbayan,
period [Balajedeong v. Del Rosario, A.M. Fifth Division, supra].
No. MTJ-07-1662 (2007)].
● A heavy workload due to additional work, Dismissal Based on Violation of the Right
as acting presiding judge in other courts, is to Speedy Disposition of Cases
not sufficient justification for the delay A criminal case may be dismissed for violation
because judges are allowed, upon motion of a person’s right to speedy disposition of
or letter-requests, extensions of the cases [Coscolluela v. Sandiganbayan, supra].
reglementary period in deciding cases [Re:
Report on the Judicial and Financial Audit
Conducted in MTC’s of Bayombong and Q. Right Against Self-
Solano and MCTC, Aritao-Sta. Fe, Nueva Incrimination
Vizcaya, A.M. No. 05-3-83-MTC (2007)].
● The absence of a branch clerk of court Article III, Section 17. No person shall be
should not affect the prompt disposition of compelled to be a witness against himself.
cases. It is the duty of the judge to
recommend to the Supreme Court the
immediate appointment of a branch clerk of The right against self-incrimination secures to
a witness, whether she/he is a party or not, the
court [Office of the Court Administrator v.
Laron, A.M. No. RTJ-04-1870 (2007)]. right to refuse to answer any particular
incriminating question.
● The non-submission of the transcript of the
stenographic notes by stenographers
It prescribes an “option of refusal to answer
would not relieve judges of their duty to
render a decision within the required period incriminating questions and not a prohibition of
inquiry” [People v. Ayson, G.R. No. 85215
as judges are directed to take down notes
of salient portions of the hearing and (1989)].
proceed in the preparation of decisions
without waiting for the transcribed Purpose
stenographic notes [Office of the Court The self-incrimination clause is meant to avoid:
Administrator v. Janolo Jr., A.M. No. RTJ- 1. Placing the witness against the strongest
06-1994 (2007)]. temptation to commit perjury; and
2. Extorting a confession by force.
Page 161 of 384

1. Scope and Limitations pregnant by an adulterous relation [Villaflor
v. Summers G.R. No. 16444 (1920)].
The right applies only to testimonial
compulsion and production of documents, Note: Re-enactment of the crime by the
papers, and chattels in court, except when accused is not allowed.
books of account are to be examined in the
exercise of police power and the power of When to Invoke:
taxation. 1. This right may only be invoked for that
specific incriminating question and cannot
The right is available in: be claimed for any other time [Sabio vs.
1. Criminal proceedings; Gordon, G.R. Nos. 174340, 174318 &
2. Governmental proceedings; 174177 (2006)];
3. Administrative actions wherein the hearing 2. It does not give a witness the right to
partakes the nature of a criminal disregard a subpoena and decline to testify
proceeding because of the nature of the altogether. The witness must still take the
penalty; stand, be sworn, and answer questions. It
4. Legislative investigations; is the duty of his/her counsel to advise
5. Civil actions. him/her of his/her right against self-
incrimination [People v. Ayson, supra].
Exclusions
An accused may be compelled to be Right Against Self-incrimination of
photographed or measured, his garments may Accused vs. Ordinary Witness
be removed, and his body may be examined. ACCUSED ORDINARY
WITNESS
The Court has also declared as constitutional
several procedures performed on the accused The defendant in a An ordinary witness
such as pregnancy tests for women accused of criminal case may be compelled to
adultery, expulsion of morphine from one’s cannot be testify and invoke the
mouth and the tracing of one’s foot to compelled by right only against
determine its identity with bloody footprints. subpoena or any each question
The Court has even authorized the other process or requiring an
examination of a woman’s genitalia, in an order of the court to incriminating answer
action for annulment filed by her husband, to testify or produce [People vs. Ayson,
verify his claim that she was impotent, her evidence in the supra].
orifice being too small for his penis. criminal case in
which he is the
Some of these procedures were, to be sure, accused or one of
rather invasive and involuntary, but all of them the accused. In
were constitutionally sound. DNA testing and other words, s/he
its results are now similarly acceptable [Agustin can refuse to testify
v. CA, G.R. No. 162571 (2005)]. altogether.
Other exclusions: If the witness is

1. Handwriting in connection with a accused, he may
prosecution for falsification is not allowed totally refuse to take
[Beltran v. Samson, G.R. No. 32025 the stand.
(1929); Bermudez v. Castillo, Per. Rec. No.
714-A (1937)].
2. Accused may be made to take off her Note: The right against self-incrimination is not
garments and shoes and be photographed self- executing. It must be claimed. If not
[People v. Carreon, G.R. No. L-2154 claimed by or in behalf of the witness, the
(1950)]; compelled to show her body for protection does not come into play. It follows
physical investigation to see if she is that the right may be waived, expressly, or
Page 162 of 384

impliedly, as by a failure to claim it at the of a crime and to testify against the culprits, a
appropriate time [People v. Ayson, supra]. person opens himself to investigation and
prosecution if he himself had participated in the
Effects of Denial of Privilege criminal act. To secure his testimony without
1. Exclusionary Rule (under Sec. 17, Art. III in exposing him to the risk of prosecution, the law
relation to Sec. 12): When the privilege recognizes that the witness can be given
against self-incrimination is violated immunity from prosecution. In this manner, the
outside of court (e.g., police), then the state interest is satisfied while respecting the
testimony, as already noted, is not individual’s constitutional right against self-
admissible. incrimination [Quarto v. Marcelo G.R. No.
2. Ousted of Jurisdiction: When the privilege 169042 (2011)].
is violated by the Court itself, that is, by the
judge, the court is ousted of its jurisdiction, Note: The following is a list of immunity statutes
and all its proceedings, and even judgment included in the footnote 59 of Quarto v.
are null and void [Chavez v. CA, G.R. No. Marcelo:
L-29169 (1968)]. a. P.D. No. 749 (Granting Immunity from
Prosecution to Givers of Bribes and Other
Application Gifts and to their Accomplices in Bribery
General Rule: The privilege is available in any and Other Graft Cases against Public
proceedings, even outside the court, for they Officers, July 18, 1975);
may eventually lead to a criminal prosecution. b. P.D. No. 1731 (Providing for Rewards and
Incentives to Government Witnesses and
Expanded Application Informants and other Purposes, October 8,
1. The right of the accused against self- 1980);
incrimination is extended to respondents in c. P.D. No. 1732 (Providing Immunity from
administrative investigations that partake Criminal Prosecution to Government
of the nature of or are analogous to criminal Witnesses and for other Purposes, October
proceedings. The privilege has consistently 8, 1980);
been held to extend to all proceedings d. P.D. No. 1886 (creating the Agrava Fact-
sanctioned by law; and to all cases in which Finding Board, October 22, 1983);
punishment is sought to be visited upon a e. 1987 Constitution, Article XIII, Section
witness, whether a party or not [Standard 18(8) (empowering the Commission on
Chartered Bank v. Senate Committee on Human Rights to grant immunity);
Banks G.R. No. 167173 (2007)]. f. R.A. No. 6646 (An Act Introducing
2. Administrative proceedings with penal Additional Reforms in the Electoral System
aspect i.e., medical board investigation and for other Purposes, January 5, 1988);
[Pascual, Jr. v. Board of Medical g. Executive Order No. 14, August 18, 1986;
Examiners, G.R. No. L-25018 (1969)], h. R.A. No. 6770 (Ombudsman Act of 1989,
forfeiture proceeding [Cabal v. Kapunan November 17, 1989);
Jr., G.R. No. L-19052 (1962)]. i. R.A. No. 6981 (Witness Protection,
3. Fact-Finding investigation by an ad hoc Security and Benefit Act, April 24, 1991);
body [Galman v. Pamaran, G.R. Nos. j. R.A. No. 7916 (The Special Economic
71208-09 (1985)]. Zone Act of 1995, July 25, 1994);
k. R.A. No. 9165 (Comprehensive Dangerous
2. Immunity Statutes Drugs Act of 2002, June 7, 2002);
l. R.A. No. 9416 (An Act Declaring as
Nature and Purpose Unlawful Any Form of Cheating in Civil
Immunity statutes seek a rational Service Examinations, etc., March 25,
accommodation between the imperatives of an 2007); and
individual’s constitutional right against self- m. R.A. No. 9485 (Anti-Red Tape Act of 2007,
incrimination and the legitimate governmental June 2, 2007).
interest in securing testimony. By voluntarily
offering to give information on the commission
Page 163 of 384
Transactional Immunity constitute some of the elements of the
Article XIII, Section 18. The Commission on 1st offense);
Human Rights shall have the following powers and e. Offense that necessarily includes the
functions: xxx (8) Grant immunity from prosecution 1st offense (All the elements of the 1st
to any person whose testimony or whose constitute some of the elements of the
possession of documents or other evidence is 2nd offense).
necessary or convenient to determine the truth in 2. Prosecution for the same act
any investigation conducted by it or under its
authority; a. If punished by law and at the same
time punished by an ordinance;
b. There is conviction or acquittal under
Use and Fruit of Immunity either.
“Use immunity” prohibits use of a witness’
compelled testimony and its fruits in any Examples Where There is No Double
manner in connection with the criminal Jeopardy:
prosecution of the witness. 1. Conviction of a crime under a special law,
which also constitutes an offense under the
“Transactional immunity” grants immunity to RPC, may not be a bar to the prosecution
witnesses from prosecution for an offense to under the RPC because the former is
which his compelled testimony relates [Galman malum prohibitum while the other is malum
v. Pamaran, supra]. in se.
2. Where two informations are filed charging
R. Right Against Double the same accused with two different
Jeopardy offenses arising from the act, where the two
offenses have different elements
[Example: B.P.22 and the issuance of
Article III, Section 21. No person shall be twice put
bouncing checks for estafa].
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 1. Requisites and Limitations
bar to another prosecution of the same act.
Application a. First jeopardy attached prior to the second;

1. In administrative cases: Not applicable b. First jeopardy must have been validly
[Cayao-Lasam v. Sps. Ramolete, G.R. No. terminated;
159132 (2008)]. c. Second jeopardy must be for the same
2. Contempt: Applicable. Acquittal offense or the second offense includes or
effectively bars a second prosecution is necessarily included in the first offense;
[Santiago v. Anunciacion, Jr., G.R. No. or is an attempt or frustration thereof.
89318 (1990)].
Requisites for First Jeopardy to Attach:
Termination of Jeopardy A previous case must be filed and must contain
1. By acquittal; the following:
2. By final conviction; 1. There must be a complaint or information
3. By dismissal without express consent of or other formal charge sufficient in form and
accused; substance to sustain a conviction;
4. By “dismissal” on the merits. 2. The complaint or information must be filed
before a court of competent jurisdiction;
Two Types of Double Jeopardy [People v. 3. The accused has been arraigned and has
pleaded to the charges;
Relova, G.R. L-45129 (1987)]:
4. The accused must have been convicted or
1. Prosecution for the same offense
acquitted or the case against him was
a. Same offense charged;
dismissed or otherwise terminated without
b. Attempt of the same offense;
his express consent [Sec. 7, Rule 117;
c. Frustration of the same offense;
People v. Obsania, G.R. No. L-24447
d. Offense necessarily included in the 1st
(1968)].
offense (All the elements of the 2nd
Page 164 of 384
Limitations; Exceptions to the Rule on 2. Mistrial [Galman v. Sandiganbayan, G.R.
Double Jeopardy No. 72670 (1986)].
The conviction of the accused shall not be a bar 3. Grave abuse of discretion amounting to
to another prosecution for an offense which lack or excess of jurisdiction [People v. Uy,
necessarily includes the offense charged in the G.R. No. 158157 (2005)].
former complaint or information under the
following instances, pursuant to Sec. 7, Rule Remedy for the above cases: special civil
117, Rules of Court: action of certiorari under Rule 65 of the Rules
a. Supervening Event: The graver offense of Court.
developed due to “supervening facts”
arising from the same act or omission The private complainant or the offended party
constituting the former charge (e.g., A may question such acquittal or dismissal only
person convicted of physical injuries may insofar as the civil liability of the accused is
still be prosecuted for homicide if the victim concerned [Villareal v. Aliga, G.R. No. 166995
dies later). (2014)].
b. Newly Discovered Event: The facts
constituting the graver charge became The prosecution can appeal where the
known or were discovered only after the accused is deemed to have waived or is
filing of the former complaint or information. estopped from invoking his right against double
c. Defective Plea Bargain: The plea of guilty jeopardy [Cruz, p. 778].
to the lesser offense was made without the
consent of the fiscal and the offended Waiver of Right Against Double Jeopardy
party, except as provided in Sec. 1 (f) of The right against double jeopardy is deemed
Rule 116. waived if he appeals his conviction.
Note: In case of failure of the offended party to If the accused had been prosecuted for a
appear despite due notice, the court may allow higher offense but was convicted for a lower
the accused to enter a plea of guilty to a lesser offense, he has technically been acquitted of
offense which is necessarily included in the the higher offense. His appeal would give the
offense charged with the conformity of the trial Court the right to impose a penalty higher than
prosecutor alone. that of the original conviction imposed on him
[Trono v. U.S. 199 US 521 (1905)].
Appeal by Prosecution; When Allowed
General Rule: A judgment of acquittal is final General Rule: Dismissal with consent of
and no longer reviewable. It cannot be accused waives double jeopardy.
reconsidered because it places the accused in
jeopardy for the same offense. [Cruz When the case is dismissed other than on the
Commentary, p. 777] merits, upon motion of the accused personally,
or through counsel, such dismissal is regarded
Exceptions: Appeal from acquittal is not as “with express consent of the accused”, who
double jeopardy if: (DuMi-GAD) is therefore deemed to have waived the right to
1. Deprivation of due process: Where the plea double jeopardy.
prosecution is deprived of a fair opportunity
to prosecute and prove its case [Villareal v. Provisional Dismissal – A case shall not be
People, G.R. No. 151258 (2012)]. provisionally dismissed except with the
express consent of the accused and with notice
Provided, that the judge considered the to the offended party [ROC, Rule 117, Sec. 8,
evidence, even if the appreciation of the par. 1].
evidence leading to the acquittal is
erroneous, an appeal or motion for
reconsideration by the prosecution will not
be allowed. [People v. Judge Velasco, G.R.
No. 127444 (2000)].
Page 165 of 384

Exceptions place of residence [In Re Brooks, G.R. No. 507
a. When the dismissal is based on (1901)].
insufficiency of the evidence of the
prosecution [People v. City Court of Silay, Domestic services are always to be
G.R. No. L-43790 (1976)]. remunerated, and no agreement may subsist in
b. When the dismissal is based on the denial law in which it is stipulated that any domestic
of his right to a speedy trial [People v. service shall be absolutely gratuitous [De los
Judge Abaño G.R. No. L-23599 (1955)]. Reyes v. Alojado, G.R. No. 5671 (1910)].
c. When accused is discharged to be a state
witness. Exceptions to the Prohibition against
Involuntary Servitude
A mere verbal dismissal is not final until written a. If punishment is for a crime after conviction
and signed by the judge [Rivera, Jr. v. People [Art. III, Sec. 18].
G.R. No. 93219 (1990)]. b. In the interest of national defense, all
citizens may be compelled by law to render
S. Right Against Involuntary personal military or civil service [Art. II, Sec.
4].
Servitude c. A return to work order. “So imperative is the
order in fact that it is not even considered
Article III, Section 18. No person shall be detained violative of the right against involuntary
solely by reason of his political beliefs and servitude.”
aspirations.
d. A worker must obey the order if he wants
No involuntary servitude in any form shall exist to retain his work even if his inclination is to
except as a punishment for a crime whereof the strike [Sarmiento v. Tuico, G.R. No. 75271-
party shall have been duly convicted. 73 (1988)].
e. Naval enlistment [Robertson v. Baldwin,
Involuntary Servitude refers to a condition of 165 US 275 (1897)].
enforced and compulsory service induced by f. Posse comitatus - obligation of the
means of any scheme, plan or pattern, individual to assist in the protection of the
intended to cause a person to believe that if he peace and good order of his community
or she did not enter into or continue in such [Kaisahan ng Manggagawa sa Kahoy v.
condition, he or she or another person would Gotamco Sawmills, G.R. No. L-1573,
suffer serious harm or other forms of abuse or (1948)].
physical restraint, or threat of abuse or harm,
or coercion including depriving access to travel The police power of the state may be said to
documents and withholding salaries, or the embrace the whole system of internal
abuse or threatened abuse of the legal process regulation, by which the state seeks not only to
[R.A. No. 9208, as amended by R.A. No. preserve public order and to prevent offenses
10364]. against the state, but also to establish, for the
intercourse of citizen with citizen, those rules of
Slavery and involuntary servitude, together good manners and good neighborhood, which
with their corollary peonage, all denote “a are calculated to prevent a conflict of rights,
condition of enforced, compulsory service of and to insure to each the uninterrupted
one to another” [Hodges v. U.S., 203 US 1 enjoyment of his own, so far as is reasonably
(1906) cited in Rubi v. Provincial Board of consistent, with a like enjoyment of the rights of
Mindoro, supra]. others. The police power of the state includes
not only the public health and safety, but also
A private person who contracts obligations of the public welfare, protection against
rendering services in a civil capacity to the impositions, and generally the public’s best
Army as an employee in its offices cannot, by interest. It is so extensive and all pervading,
law, either civil or military, be compelled to fulfill that the courts refuse to lay down a general rule
them by imprisonment and deportation from his defining it, but decide each specific case on its
Page 166 of 384

merits [Harding vs. People, 32 L.R.A., 445; US by Lethal Injection is hereby repealed. R.A. No.
v. Pompeya, 31 Phil. 245 (1915)]. 7659, otherwise known as the Death Penalty
Law, and all other laws, executive orders and
T. Right Against Excessive decrees, insofar as they impose the death
penalty are hereby repealed or amended
Fines, and Cruel and Inhuman accordingly [Sec. 1, R.A. No. 9346].
Punishments
The import of the grant of power to Congress
Article III, Section 19. to restore the death penalty requires:
(1) Excessive fines shall not be imposed, nor cruel, 1. That the Congress defined or describe
degrading or inhuman punishment inflicted. what is meant by heinous crimes;
Neither shall death penalty be imposed, unless, 2. That Congress specify and penalize by
for compelling reasons involving heinous death, only crimes that qualify as heinous
crimes, the Congress hereafter provides for it.
in accordance with the definition or
Any death penalty already imposed shall be
reduced to reclusion perpetua. description set in the death penalty bill
(2) The employment of physical, psychological, or and/or designate crimes punishable by
degrading punishment against any prisoner or reclusion perpetua to death in which latter
detainee or the use of substandard or case, death can only be imposed upon the
inadequate penal facilities under subhuman attendance of circumstances duly proven
conditions shall be dealt with by law.
in court that characterize the crime to be
heinous in accordance with the definition or
Cruel Punishment description set in the death penalty bill;
● Involve torture of lingering death [Legarda 3. That Congress, in enacting this death
v. Valdez G.R. No. 513 (1902)]. penalty bill be singularly motivated by
● Not only severe, harsh, or excessive but “compelling reasons involving heinous
flagrantly and plainly oppressive. crimes.”
● Wholly or disproportionate to the nature of
the offense as to shock the moral sense of For a death penalty bill to be valid, Sec. 19(1)
the community [People v. Estoista, G.R. does not require that there be a positive
No. L-5793 (1953)]. manifestation in the form of higher incidence of
crime first perceived and statistically proven.
The constitutional limit must be reckoned on Neither does the said provision require that the
the basis of the nature and of punishment death penalty be resorted to as a last recourse
measured in terms of physical pain. when all other criminal reforms have failed to
abate criminality in society [People v.
What is prohibited is cruel and unusual Echegaray, G.R. No. 117472 (1997)].
punishment. Unusual punishment is not
prohibited, especially if it makes the penalty As regards the imposable penalty for a crime,
less severe. the Supreme Court cannot suspend the
execution of a sentence on the ground that the
The prohibition of cruel and unusual strict enforcement of the provisions of the
punishment is generally aimed at the form or Revised Penal Code would cause excessive or
character of the punishment rather than its harsh penalty. All that the Court could do in
severity in respect of duration or amount, and such an event is to report the matter to the
applies to punishments which public sentiment Chief Executive with a recommendation for an
has regarded as cruel or obsolete. Fine and amendment or modification of the legal
imprisonment would not thus be within the provisions which it believes to be harsh
prohibition [People v. Dela Cruz, G.R. No. L- [Corpuz v. People, 724 SCRA 1 (2014)].
5790 (1953)].
The imposition of the penalty of death is hereby

prohibited. Accordingly, R.A. No. 8177,
otherwise known as the Act Designating Death
Page 167 of 384

U. Non-Imprisonment for Debts property, but an offense against public order
[Lozano v. Martinez, 146 SCRA 323 (1986)].
Article III, Section 20. No person shall be
imprisoned for debt or non-payment of a poll tax. V. Ex Post Facto Laws and Bill of
Attainder
Debt
Any civil obligation arising from a contract. It Definition
includes even debts obtained through fraud An ex post facto law is one that would make a
since no distinction is made in the Constitution previous act criminal although it was not so at
[Ganaway v. Quillen, G.R. No. 18619 (1922)]. the time it was committed [Cruz, p. 589].
Poll Tax Concept

A specific sum levied upon any person In general, ex post facto laws prohibits
belonging to a certain class without regard to retrospectivity of penal laws. Moreover, the
property or occupation (e.g., community tax). mode of procedure provided for in the right to
appeal, which is statutory and not natural, is not
In a case where the accused was convicted included in the prohibition against ex post facto
and imprisoned for estafa (where the accused laws [Lacson v. Executive Secretary, G.R. No.
failed to render promised service to the injured 128096 (1999)].
in exchange for the latter’s retrieval of the
former’s cedula), the Court held that the Equivalent of the impairment clause in criminal
imprisonment was correct since it was for matters.
estafa and not involuntary servitude or
imprisonment for debt [Ramirez v. De Orozco, What are Considered Ex Post Facto Laws
G.R. No. 11157 (1916)]. ● Makes criminal an action done before the
passage of the law which was innocent
No person may be imprisoned for debt in virtue when done, and punishes such action;
of a civil proceeding [Makapagal v. ● Aggravates a crime or makes it greater
Santamaria, G.R. No. 34616 (1930)]. than when it was committed;
● Changes the punishment and inflicts a
A person may be imprisoned as a penalty for a greater punishment than the law annexed
crime arising from a contractual debt and to the crime when it was committed;
imposed in a proper criminal proceeding. Thus, ● Alters the legal rules of evidence and
the conversion of a criminal fine into a prison receives less or different testimony than
term does not violate the right to non- the law required at the time of the
imprisonment for debts because in such a commission of the offense in order to
case, imprisonment is imposed for a monetary convict the defendant [Mekin v. Wolfe, G.R.
obligation arising from a crime [Ajeno v. No. 1251 (1903)];
Inserto, A.M. No. 1098-CFI (1976)]. ● Assumes to regulate civil rights and
remedies only but in effect imposes a
The gravamen of the offense punished by BP penalty or deprivation of a right which when
22 is the act of making and issuing a worthless done was lawful;
check or a check that is dishonored upon its ● Deprives a person accused of a crime of
presentation for payment. It is not the non- some lawful protection of a former
payment of an obligation which the law conviction or acquittal, or a proclamation of
punishes. The law is not intended or designed amnesty [In re: Kay Villegas Kami, G.R.
to coerce a debtor to pay his debt. The thrust No. L-32485 (1970)].
of the law is to prohibit, under pain of penal
sanctions, the making of worthless checks and Characteristics of an Ex-Post Facto Law
putting them in circulation. Because of its (CReP)
deleterious effects on the public interest, the 1. Refer to criminal matters;
practice is proscribed by the law. The law 2. Be retroactive in its application;
punishes the act not as an offense against
Page 168 of 384
3. To the prejudice of the accused [Cruz In Relation to Ex Post Facto Law
Commentary, p. 591]. “Frequently a bill of attainder was doubly
objectionable because of its ex post facto
“The prohibition applies only to criminal or features.
penal matters and not to laws which concern
civil matters or proceedings generally, or which Therefore, if a statute is a bill of attainder, it is
affect or regulate civil or private rights” also an ex post facto law. But if it is not an ex
[Republic v. Vda. de Fernandez, G.R. No. L- post facto law, the reasons that establish that it
9141 (1956)]. is not are persuasive that it cannot be a bill of
attainder” [People v. Ferrer, G.R. No. L-32613-
Examples 14 (1972)].
● In Bayot v. Sandiganbayan [G.R. No. L-
61776 to No. L-61861 (1984)], an Examples of Laws Which Are NOT Bills of
amendment to R.A. 3019, which provides Attainder
for suspension pendente lite of any public ● R.A. 9335, which provides for the removal
officer or employee accused of offenses of the Bureau of Customs’ employees who
involving fraudulent use of public funds or would not be able to meet their revenue
property, including those charged earlier, is targets, as prescribed by law. RA 9335
not an ex post facto law. The suspension does not seek to inflict punishment without
was not punitive, but only preventive in judicial trial, but it merely lays down the
nature. grounds for the termination of a BIR or
● In People v. Estrada [G.R. Nos. 164368-69 BOC official or employee and provides for
(2009)], R.A. 9160, which was made to the consequences thereof [Bureau of
apply to the accused for acts allegedly Customs Employees Association v. Teves,
committed prior to its enactment, was G.R. No. 181704 (2011)].
considered ex post facto. Prior to its
enactment, numbered accounts or In other words, if a legislation only states
anonymous accounts were permitted the grounds for a violation, then it is not
banking transactions, whether they be considered as a bill of attainder.
allowed by law or by a mere banking ● Sec. 20 of the Cybercrime Law, which
regulation. imposes a penalty of imprisonment upon
those who would fail to comply with certain
Bill of Attainder provisions of Chapter IV of the said law, is
Refers to a legislative act that inflicts not a bill of attainder.
punishment without trial. The essence of a bill ● The Court held that since the non-
of attainder is the substitution of legislative fiat compliance would be punished as a
for a judicial determination of guilt. There is a violation of PD 1829, Sec. 20 of the
bill of attainder when a statute applies to either Cybercrime Law necessarily incorporates
named individuals or to easily ascertainable elements of the offense which are defined
individuals, and such statute inflicts therein. The act of non-compliance, for it to
punishment unto them without trial. be punishable, must still be done
“knowingly or willfully.” There must still be
Elements a judicial declaration of guilt, during
1. There must be a law; which, defense and justifications for non-
2. The law imposes a penal burden on a compliance may be raised [Disini v. Sec. of
named individual or easily ascertainable Justice, supra].
members of a group; ● R.A. 1700 which declared the Communist
3. There is a direct imposition of penal Party of the Philippines a clear and present
burden without judicial trial. danger to Philippine security, and thus
prohibited membership in such
organization, was contended to be a bill of
attainder. Although the law mentions the
CPP in particular, its purpose is not to
Page 169 of 384

define a crime but only to lay a basis or to Availability
justify the legislative determination that 1. Involuntary restraint of liberty.
membership in such organization is a crime 2. Voluntary restraint of liberty i.e., right of
because of the clear and present danger to parents to regain custody of minor child
national security [People v. Ferrer, supra]. even if the child is in the custody of a third
person of her own free will [Sombong v.
W. Writ of Habeas Corpus, CA, supra].
3. Illegal arrest with supervening event when
Kalikasan, Habeas Data, and restraint of liberty is already by virtue of the
Amparo complaint or information [Velasco v. CA,
G.R. No. 118644 (1995)].
Article III, Section 15. The privilege of the writ of a. The issuance of a judicial process
habeas corpus shall not be suspended except in preventing the discharge of the detained
cases of invasion or rebellion when the public safety person.
requires it. b. Another is the filing of a complaint or
information for the offense for which the
Suspension of the Privilege of the Writ accused is detained [Sec. 4, Rule 102].
4. Where a sentence imposes punishment in
excess of the power of the court to impose,
Article VII, Section 18. The President shall be the such sentence is void as to the excess
Commander-in-Chief of all armed forces of the
[Gumabon v. Director of Prisons, G.R. No.
Philippines and whenever it becomes necessary, he
may call out such armed forces to prevent or L-30026 (1971)].
suppress lawless violence, invasion or rebellion. In 5. “Habeas corpus is the proper remedy for a
case of invasion or rebellion, when the public safety person deprived of liberty due to mistaken
requires it, he may, for a period not exceeding sixty identity. In such cases, the person is not
days, suspend the privilege of the writ of habeas under any lawful process and is
corpus or place the Philippines or any part thereof
continuously being illegally detained” [In re
under martial law.
Salibo v. Warden, G.R. No. 197597
xxx (2015)].
A state of martial law does not suspend the Restraint of Liberty

operation of the Constitution, nor supplant the The nature of the restraint of liberty need not
functioning of the civil courts or legislative be related to any offense so as to entitle a
assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over
person to the efficient remedy of habeas
civilians where civil courts are able to function, nor corpus. It may be availed of as a post-
automatically suspend the privilege of the writ. conviction remedy or when there is an alleged
violation of the liberty of abode. In other words,
The suspension of the privilege of the writ shall apply habeas corpus effectively substantiates the
only to persons judicially charged for rebellion or implied autonomy of citizens constitutionally
offenses inherent in or directly connected with
invasion.
protected in the right to liberty in Article III,
Section 1 of the Constitution. Habeas corpus
being a remedy for a constitutional right, courts
1. Writ of Habeas Corpus must apply a conscientious and deliberate level
of scrutiny so that the substantive right to liberty
Definition will not be further curtailed in the labyrinth of
A writ issued by a court directed to a person other processes [In re Salibo v. Warden,
detaining another, commanding him to produce supra].
the body of the prisoner at a designated time
and place, with the day and cause of his Not only physical restraint but any restraint on
caption and detention, to do, to submit to, and freedom of action is sufficient i.e., (1) curtailed
to receive whatever the court or judge freedom of movement by the condition that he
awarding the writ shall consider in his behalf must get approval of respondents for any travel
[Sombong v. CA, G.R. No. 111876 (1990)]. outside Metro Manila; (2) abridged liberty of
Page 170 of 384

abode because prior approval of respondent is official or employee, or private individual or
required in case petitioner wants to change entity; and
place of residence; (3) abridged freedom of 3. The actual or threatened violation involves
speech due to prohibition from taking any or will lead to an environmental damage of
interviews inimical to national security; and (4) such magnitude as to prejudice the life,
petitioner is required to report regularly to health or property of inhabitants in two or
respondents or their representatives [Moncupa more cities or provinces [Segovia v.
v. Enrile, G.R. No. L-63345 (1986)]. Climate Change Commission, G.R. No.
211010 (2017)].
This Court has held that a restrictive custody
and monitoring of movements or whereabouts Who May File
of police officers under investigation by their Natural or juridical persons, NGO or public
superiors is not a form of illegal detention or interest groups in behalf of persons whose right
restraint of liberty [Ampatuan v. Macaraig, G.R. is violated.
No. 182497 (2010)].
Who Has Jurisdiction
Restrictive custody is, at best, nominal restraint Supreme Court or Court of Appeals.
which is beyond the ambit of habeas corpus. It
is neither actual nor effective restraint that When is Writ Issued
would call for the grant of the remedy prayed Within three (3) days from the date of filing of
for. It is a permissible precautionary measure the petition, if the petition is sufficient in form
to assure the PNP authorities that the police and substance.
officers concerned are always accounted for
[Ampatuan v. Macaraig, supra]. Return of Respondent
Within a non-extendible period of ten (10) days
Note: The fact that the party to whom the writ after service of the writ, the respondent shall
is addressed has illegally parted with the file a verified return which shall contain all
custody of a person before the application for defenses; all defenses not raised are deemed
the writ is no reason why the writ should not waived.
issue [Villavicencio v. Lukban, G.R. No. 14639
(1919)]. Hearing
Preliminary conference; same priority as other
Test for Valid Suspension of the Privilege writs (no more than 60 days).
of the Writ
Arbitrariness, not correctness.
2. Writ of Kalikasan Reliefs
Permanent cease and desist order against the
A.M. No. 09-6-8-SC (13 April 2010) respondent, directive to respondent to protect,
Definition: Remedy against violation or threat preserve, rehabilitate or restore the
of violation of constitutional right to a balanced environment; to monitor strict compliance with
and healthful ecology by an unlawful act or the decision and orders of the court, to make
omission of a public official or employee, or periodic reports on the execution of the final
private individual or entity, involving judgment, and other reliefs [Sec. 15, Rule 7].
environmental damage of such magnitude as
to prejudice the life, health or property of “A rehabilitation or restoration program to be
inhabitants in two or more cities or provinces. implemented at the cost of the violator is also a
major relief that may be obtained under a
Requisites for the Issuance of the Writ judgment rendered in a citizens’ suit under the
1. There is an actual or threatened violation of Rules” [Arigo v. Swift, G.R. No. 206510
the constitutional right to a balanced and (2014)].
healthful ecology;
2. The actual or threatened violation arises
from an unlawful act or omission of a public
Page 171 of 384
3. Writ of Habeas Data [A.M. No. 08-1- Scope
16-SC (2008)] The Amparo Rule was intended to address the
intractable problem of “extralegal killings” and
The writ of habeas data is an independent and “enforced disappearances,” and its coverage,
summary remedy designed to protect the in its present form is confined to these
image, privacy, honor, information, and instances or to threats thereof.
freedom of information of an individual, and to
provide a forum to enforce one’s right to the If what is involved is the issue of child custody
truth and to informational privacy. and the exercise of parental rights over a child,
who, for all intents and purposes, has been
There must be a nexus between the right to legally considered a ward of the State, the
privacy on the one hand, and right to life, liberty Amparo rule cannot be properly applied
and security on the other [Lee v. Ilagan, G.R. [Caram v. Segui, G.R. No. 193652 (2014)].
No. 203254 (2014)].
Extralegal Killings
Right to Informational Privacy v. Killings committed without due process of law.
Legitimate State Interest
The determination of whether the privilege of Enforced Disappearances; Elements
the writ of habeas data, being an extraordinary 1. That there be an arrest, detention,
remedy, may be granted in this case entails a abduction or any form of deprivation of
delicate balancing of the alleged intrusion upon liberty;
the private life of a person and the relevant 2. That it be carried out by, or with the
state interest involved [Gamboa v. Chan, G.R. authorization, support or acquiescence of,
No. 193636 (2012)]. the State or a political organization;
3. That it be followed by the State or political
Without an actionable entitlement in the first organization’s refusal to acknowledge or
place to the right to informational privacy, a give information on the fate or whereabouts
habeas data petition will not prosper [Vivares v. of the person subject of the amparo
St. Theresa’s College, et al., G.R. No. 202666 petition; and,
(2014)]. 4. That the intention for such refusal is to
remove subject person from the protection
4. Writ of Amparo of the law for a prolonged period of time.
Basis
A.M. No. 07-9-12-SC, Section 1. Petition. — The
petition for a writ of amparo is a remedy available to
any person whose right to life, liberty and security is Article VIII, Section 5. The Supreme Court shall
violated or threatened with violation by an unlawful have the following powers: xxx
act or omission of a public official or employee, or of (5) Promulgate rules concerning the protection and
a private individual or entity. enforcement of constitutional rights, xxx.
Such rules shall provide a simplified and

Concept inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same
An amparo proceeding does not determine
grade, and shall not diminish, increase, or modify
guilt nor pinpoint criminal culpability for the substantive rights.
disappearance [threats thereof or extrajudicial
killings]; it determines responsibility, or at least
accountability for purposes of imposing the Petition for Writ; Form
appropriate remedies to address the The petition shall be signed and verified [A.M.
disappearance [Razon Jr. v. Tagitis, G.R. No. No. 07-9-12-SC, Sec. 5].
182498 (2009)].
Petition for Writ; Contents
The petition shall allege the following:
1. The personal circumstances of the
petitioner;
Page 172 of 384
2. The name and personal circumstances of circumstances, and addresses of the
the respondent responsible for the threat, investigating authority or individuals, as
act or omission, or, if the name is unknown well as the manner and conduct of the
or uncertain, the respondent may be investigation, together with any report;
described by an assumed appellation; 5. The actions and recourses taken by the
3. The right to life, liberty and security of the petitioner to determine the fate or
aggrieved party violated or threatened with whereabouts of the aggrieved party and
violation by an unlawful act or omission of the identity of the person responsible for
the respondent, and how such threat or the threat, act or omission; and
violation is committed with the attendant 6. The relief prayed for.
circumstances detailed in supporting
affidavits; The petition may include a general prayer for
4. The investigation conducted, if any, other just and equitable reliefs [Sec. 5]
specifying the names, personal
Where to File
Filed Enforced Returnable
RTC of the place where the Anywhere in the Philippines. Before the issuing court or
threat, act, or omission was judge.
committed or any of its
elements occurred.
Sandiganbayan or any of its 1. Before the issuing court any

justices. justice thereof; or
2. any RTC of the place where
Court of Appeals or any of its the threat, act or omission was
justices. committed or any of its
elements occurred.
Supreme Court or any of its 1. Before the issuing court any

justices. justice thereof;
or
2. before the Sandiganbayan
or any CA or any of their
justices
3. any RTC of the place where
the threat, act or omission was
committed or
any of its elements occurred.
Return Proof Required: Substantial Evidence

Within 72 hours after service of the writ, the For the protective writ of amparo to issue,
respondent shall file a verified written return allegation and proof that the persons subject
together with supporting affidavits which shall, thereof are missing are not enough. It must
among other things, contain his defenses. A also be shown by the required quantum of
general denial is not allowed [Sec. 9]. proof that their disappearance was carried out
by, or with the authorization, support or
Hearing acquiescence of, [the government] or a political
Summary or court may call for a preliminary organization, followed by a refusal to
conference; given same priority as petition for acknowledge [the same or] give information on
habeas corpus [Sec. 13]. the fate or whereabouts of [said missing]
Page 173 of 384
persons [Navia v. Pardico, G.R. No. 184467
(2012)].
Defense
1. Private individual – ordinary diligence;
2. Public official – extraordinary diligence, no
presumption of regularity of duties [Sec.
17].
Note: Command responsibility is a way of

impleading a superior of the accused (subject
of the writ) to be made responsible for the
crimes committed by his subordinates — by
failing to prevent or punish the said accused.
As regards the relief granted, the Court held

that the production order under the Amparo
rule is different from a search warrant and may
be likened to the production of documents or
things under Rule 27.1, ROC [Secretary of
National Defense v. Manalo, G.R. No. 180906
(2008)].
Page 174 of 384

LAW ON PUBLIC OFFICERS

INTERNATIONAL LAW
LAW ON PUBLIC OFFICERS POLITICAL LAW
b. Not a Property Right
LAW ON PUBLIC General Rule: A public office is not property
within the sense of the constitutional
OFFICERS guaranties of due process of law, but is a public
trust or agency. Congress may amend at any
time the law to change or even withdraw the
I. GENERAL PRINCIPLES statutory right [Montesclaros v. COMELEC,
G.R. No. 152295 (2002)].
A. Public Office
XPN: Analogous to property in limited context.
1. Definition, Purpose, Nature Due process may be invoked when dispute
concerns constitutional right to security of
Public Office, Defined: tenure [Lumiqued v. Exevea, G.R. No. 117565
1. A right, authority and duty; (1997)].
2. Created and conferred by law, by which, for
a given period, either fixed by law or c. Not a Contract
enduring at the pleasure of the creating
power; Differs from a contract, which is limited in its
3. Individual is invested with some portion of duration and specific in its objects. Terms
the sovereign functions of the government, agreed upon define rights and obligations of
to be exercised by him for the benefit of the parties; neither may depart from them without
public [Laurel v. Desierto, G.R. No. 145368 assent of other [Mechem].
(2002)].
d. Public Office is Personal
1987 Constitution
Public office being personal, the death of a
Article II, Section 1, 2nd Sentence. The Philippines public officer terminates his right to occupy the
is a democratic and republican State. Sovereignty contested office and extinguishes his
resides in the people and all government authority counterclaim for damages. His widow and/or
emanates from them. heirs cannot be substituted in the counterclaim
Article XI, Section 1. Public office is a public trust. suit [Abeja v. Tañada, G.R. No. 112283
Public officers and employees must, at all times, be (1994)].
accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act e. Right to Public Office Is Not a
with patriotism and justice, and lead modest lives.
Natural Right
Administrative Code of 1987, Introductory

The right exists only by virtue of a law expressly
Provisions, Sec. 2 (9). Office refers, within the or impliedly creating and conferring it [Mathay,
framework of governmental organization, to any Jr. v. CA, G.R. No. 124374 (1999)].
major functional unit of a department or bureau
including regional offices. It may also refer to any f. There Is No Such Thing as a Vested
position held or occupied by individual persons,
whose functions are defined by law or regulation.
Interest or an Estate in an Office, or
Even an Absolute Right to Hold It.
2. Characteristics Except constitutional offices which provide for

special immunity as regards salary and tenure,
a. Public office is a Public Trust no one can be said to have any vested right in
an office or its salary [National Land Titles and
Deeds Registration Commission v. Civil
Service Commission, G.R. No. 84301 (1993)].
Page 176 of 384

3. Elements The President has power to reorganize the
Executive. The President’s power of control
a. Created by the Constitution or by the gives him authority to deactivate the functions
legislature or created by a municipality or of particular offices. As far as bureaus,
other body through authority conferred agencies or offices in the executive department
by the legislature; are concerned, the President's power of control
b. Must possess a delegation of a portion of may justify him to inactivate the functions of a
the sovereign power of government, to particular office, or certain laws may grant him
be exercised for the benefit of the public; the broad authority to carry out reorganization
c. The powers conferred and the duties to measures [Buklod ng Kawaning EIIB v.
be discharged must be defined, directly Zamora, G.R. Nos. 142801-802 (2001)].
or impliedly, by the legislature or
through legislative authority; B. Public Officer
d. Duties must be performed
independently and without control of a Public officer, Defined
superior power, other than law, unless 1. An individual vested with some portion of
they be those of an inferior or subordinate sovereign functions of government;
office, created or authorized by the 2. To be exercised for the benefit of the public
legislature and by it placed under the [Alba v. Evangelista, G.R. Nos. L-10360
general control of a superior officer or and L-10433 (1957)].
body;
e. Must have some permanency and
Powers Conferred to Public Official
continuity and not be only temporary or
occasional. (Note: elements of Must Be Part of Sovereign Functions
permanence and continuity not of Government
indispensable [Laurel v. Desierto, G.R. No. The creation and conferring of an office involve
145368 (2002)]. a delegation to the individual of some of the
sovereign functions of government, to be
A salary is a usual but not a necessary criterion exercised by him for the benefit of the public; –
for determining the nature of the position. It is that some portion of the sovereignty of the
not conclusive. The salary is a mere incident country, either legislative, executive or judicial,
and forms no part of the office [Laurel v. attaches, for the time being, to be exercised for
Desierto, supra]. the public benefit. Unless the powers
conferred are of this nature, the individual
4. Creation modification, abolition is not a public officer [Laurel v Desierto,
supra].
a. Modes of Creation
1. By Constitution; Who Are Public Officers
2. By statute/law;
3. By authority of law [Secretary of DOTC 1. According to the Administrative Code
v. Mabalot, G.R. No. 138200 (2002)].
Administrative Code, Introductory Provisions,
b. Modification/Abolition Section 2.
(14) “Officer” as distinguished from “clerk” or

General Rule: Power to create an office “employee”, refers to a person whose duties, not
includes the power to modify or abolish it. being of a clerical or manual nature, involves the
(Hence, the power to modify or abolish an exercise of discretion in the performance of the
office is also primarily legislative) functions of the government. When used with
reference to a person having authority to do a
particular act or perform a particular function in the
Exception: Where the Constitution prohibits
exercise of governmental power, “officer” includes
such modification/abolition. any government employee, agent or body having
Page 177 of 384

authority to do the act or exercise that function. II. MODES OF ACQUIRING

(15) “Employee” when used with reference to a TITLE TO PUBLIC OFFICE
person in the public service, includes any person in
the service of the government or any of its agencies,
divisions, subdivisions or instrumentalities.
Four Modes
1. Appointment
2. Election
2. According to the Revised Penal Code 3. Succession
4. Operation of law
Revised Penal Code, Article 203. Who are public
officers. – For the purpose of applying the provisions A. Appointment
of this and the preceding titles of this book, any
person who, by direct provision of the law,
popular election or appointment by competent Appointment
authority, shall take part in the performance of 1. Designation of a person;
public functions in the Government of the 2. By person/persons having authority;
Philippine Islands, or shall perform in said 3. To fill an office or public function;
Government or in any of its branches public
4. To discharge the duties of the office or trust
duties as an employee, agent or subordinate
official, of any rank or class, shall be deemed to [Flores v. Drilon, G.R. No. 104732 (1993)].
be a public officer.
Characteristics of Appointment
1. Discretionary in nature, performed by
3. Under the Anti-Graft and Corrupt
officer in which it is vested; only condition
Practices Act
being that the appointee should possess
qualifications required by law [Luego v.
R.A. No. 3019, Section 2. Definition of terms. CSC, G.R. No. 69137 (1986)].
(b) "Public officer" includes elective and appointive
officials and employees, permanent or temporary,
GR: A political question involving
whether in the classified or unclassified or exempt
service receiving compensation, even nominal, from considerations of wisdom which only the
the government as defined in the preceding appointing authority can decide.
subparagraph.
XPN: Appointments requiring confirmation
by the Commission of Appointments;
Definition of Public Officer Under R.A.
Commission may review wisdom of
No. 3019 Not Restrictive appointment and has power to refuse to
The word "includes" used in defining a public concur even if President’s choice
officer in Sec. 2(b) indicates that the possessed all qualifications prescribed by
definition is not restrictive. The terms law [Luego v. CSC, supra].
"classified, unclassified or exemption service"
were the old categories of positions in the civil 2. Generally an executive function:
service which have been reclassified into Appointment to office is intrinsically an
Career Service and Non-Career Service by executive act involving the exercise of
P.D. No. 807 providing for the organization of discretion [Concepcion v. Paredes, G.R.
the Civil Service Commission and by the 17539 (1921)].
Administrative Code of 1987 [Preclaro vs.
Sandiganbayan, G.R. No. 111091 (1995)]. XPN: Congress may appoint its own
officials and staff [See Springer v.
Government of the Philippine Islands, 277
U.S. 189 (1928)].
a. When the Constitution vests the
powers in another branch of the State
(i.e., Judiciary, Sec. 5(6), Art. VIII) or an
independent office (e.g., Constitutional
Commissions, Sec. 4, Art. IX-A;
Page 178 of 384
Ombudsman, Sec. 6, Art. XI; 2. From the exercise of the limited
Commission on Human Rights, Sec. legislative power to prescribe the
18(10), Art. XIII). qualifications to a given appointive
office [Manalang v. Quitoriano, supra].
3. Cannot be hindered by Congress:
GR: Exclusive prerogative of the President 1987 Constitution, Article IX-B, Section 2(2).
[Manalang v. Quitoriano, G.R. No. 6898 (2) Appointments in the civil service shall be made
(1954)]. only according to merit and fitness to be determined,
as far as practicable, and, except to positions which
When Congress clothes the President with are policy-determining, primarily confidential, or
highly technical, by competitive examination.
the power to appoint an officer, it
(Congress) cannot at the same time limit
the choice of the President to only one B. Election
candidate. Once the power of appointment
is conferred on the President, such Election
conferment necessarily carries the
The choice or selection of candidates to public
discretion of whom to appoint. Even on the office by popular vote through the use of the
pretext of prescribing the qualifications of
ballot [Rulloda v. COMELEC, G.R. No. 154198
the officer, Congress may not abuse such (2003)].
power as to divest the appointing authority,
directly or indirectly, of his discretion to pick C. Succession
his own choice. Consequently, when the
qualifications prescribed by Congress can Example: In case of death, permanent
only be met by one individual, such disability, removal from office, or resignation of
enactment effectively eliminates the the President, Vice-President becomes
discretion of the appointing power to president to serve unexpired term [Art. VII,
choose and constitutes an irregular Sec. 8].
restriction on the power of appointment
[Flores v. Drilon, supra]. D. Operation of Law
XPN: Those resulting: Example: By direct provision of law, such as
1. From the need of securing the Sec. 8, Art. VIII, which provides that the Chief
concurrence of the Commission on Justice of the SC is the ex officio Chairman of
Appointments; and the JBC.
III. MODES AND KINDS OF APPOINTMENT

Appointments
As to term 1. Permanent
2. Temporary
Appointments by the President Those under Sec. 16, Art. VII of the Constitution.
Appointments to the Civil 1. Career Service

Service 2. Non-career Service
3. Career Executive Service
Page 179 of 384

A. As to term
Permanent Appointment Temporary Appointment
Issued to a person who meets all the

Issued to a person who meets all the requirements for the position to which
requirements for the positions to which he is being appointed except the
he is being appointed issued to a appropriate civil service eligibility,
person who meets all the requirements provided the following conditions are
Eligibility for the positions to which he is being present:
appointed, including the appropriate (1) absence of appropriate eligibles;
eligibility prescribed [Sec. 27, Chapter (2) it becomes necessary in the public
5, Subtitle A, Title I, Book V, E.O. No. interest to fill a vacancy
292]. [Sec. 27, Chapter 5, Subtitle A, Title I,
Book V, E.O. No. 292].
Not subject to confirmation by the CA.

Such confirmation, if given erroneously,
Confirmation
Yes, if required by the Constitution. will not make the incumbent a
by CA
permanent appointee [Valencia v.
Peralta, Jr., G.R. No. L-20864 (1963)].
No. Appointment is revocable at will

Security of
Yes. and without the necessity of just cause
Tenure
or a valid investigation.
1. Permanent Presidential Appointments
2. Temporary 1987 Constitution, Article VII, Section 16. The

President shall nominate and, with the consent of
a. “Acting” appointment is a temporary the Commission on Appointments, appoint the
appointment and revocable in character heads of the executive departments, ambassadors,
other public ministers and consuls, or officers of the
[Marohombsar v. Alonto, Jr., G.R. No.
armed forces from the rank of colonel or naval
93711 (1991)]. captain, and other officers whose appointments are
b. Mere designation does not confer security vested in him in this Constitution. He shall also
of tenure, as the person designated appoint all other officers of the Government whose
occupies the position only in an acting appointments are not otherwise provided for by law,
capacity [Sevilla v. CA, 209 SCRA 637]. and those whom he may be authorized by law to
appoint. The Congress may, by law, vest the
c. Shall not exceed 12 months, but the
appointment of other officers lower in rank in the
appointee may be replaced sooner if a President alone, in the courts, or in the heads of
qualified civil service eligible becomes departments, agencies, commissions, or boards.
available [Section 25(b), P.D. No. 807].
The President shall have the power to make
When Temporary Appointments Are appointments during the recess of the Congress,
whether voluntary or compulsory, but such
Not Allowed appointments shall be effective only until after
In no case shall any Member (or Chair) of the disapproval by the Commission on Appointments or
(a) Civil Service Commission, (b) Commission until the next adjournment of the Congress.
on Elections, or (c) Commission on Audit be
appointed or designated in a temporary or
acting capacity [Sec. 1(2), Art. IX-B; Sec. 1(2),
Art. IX-C; Sec. 1(2), Art. IX-D, 1987
Constitution].
Page 180 of 384
Four (4) groups of officers whom the 2. All other officers of the Government whose
President shall appoint: appointments are not otherwise provided
1. (a) Heads of the executive departments, for by law;
ambassadors, (b) other public ministers 3. those whom the President may be
and consuls, (c) officers of the armed authorized by law to appoint;
forces from the rank of colonel or naval 4. Officers lower in rank whose appointments
captain, and (d) other officers whose the Congress may by law vest in the
appointments are vested in him in this President alone
Constitution;
Presidential Appointments
1. Heads of the executive departments;

2. Ambassadors;
1st Group: 3. Other public ministers and consuls;
Specifically 4. Officers of the armed forces from the rank of colonel or naval captain;
enumerated 5. Other officers whose appointments are vested in him by the Constitution:
under Article VII, a. Regular members of the Judicial and Bar Council;
Section 16 of the b. The Chairman and Commissioners of the Civil Service Commission;
Constitution c. The Chairman and Commissioners of the COMELEC;
d. The Chairman and Commissioners of the Commission on Audit;
All other officers of the Government whose appointments are not otherwise
2nd Group:
provided for by law.
Officers whom the President may be authorized by law to appoint.

Examples:
3rd Group: Heads of GOCCs;
Undersecretaries;
Heads of bureaus and offices.
Officers lower in rank whose appointments the Congress may by law vest in
4th Group:
the President alone.
List of Appointments Requiring confirmation by the CA for a public office

Confirmation by Commission on created by statute. This would be
Appointments (CA) Is Exclusive unconstitutional as it expands the powers of
The list of appointments requiring confirmation the CA [Calderon v. Carale, G.R. No. 91636
(1992)].
is exclusive. Congress cannot, by law, require
Commission on Appointments Confirmation Requirement

When CA Confirmation Required When CA Confirmation NOT Required
Those specifically enumerated under the 1st 1. All other officers whose appointments are
sentence of Section 16, Article VII of the not otherwise provided for by law;
Constitution: 2. Officers whom the President may be
1. Heads of the executive departments; authorized by law to appoint;
2. Ambassadors;
3. Other public ministers and consuls;
Page 181 of 384

When CA Confirmation Required When CA Confirmation NOT Required
4. Officers of the armed forces from the rank of 3. Appointments explicitly exempted from the
colonel or naval captain; confirmation requirement under the
5. Other officers whose appointments are Constitution:
vested in him by the Constitution. a. Vice-President as a member of the
cabinet [Sec. 3, Art. VII];
b. Members of the Supreme Court and
judges of lower courts [Sec. 9, Art. VIII];
c. The Ombudsman and his deputies [Sec.
9, Art. XI].
4. The CHR Commissioners [Bautista v.
Salonga, G.R. No. 86439 (1989)].
B. Regular or Ad Interim Appointment
Regular Appointment Ad Interim Appointment
When made by the While Congress is in session [Sec. During the recess of the Congress,
President 16(2), Art. VII]. whether voluntary or compulsory
[Sec. 16(2), Art. VII].
Nature of Permanent Permanent

appointment
Effectivity Upon confirmation by the CA. Immediately effective.
Duration Until the end of the term. Ceases to be valid:

a. If disapproved by the CA; or
b. If bypassed by the CA upon the
next adjournment of Congress.
1. Ad Interim Appointment and While an ad interim appointment is permanent

Appointment in an Acting Capacity and irrevocable except as provided by law, an
appointment or designation in a temporary or
Nature acting capacity can be withdrawn or revoked at
the pleasure of the appointing power. A
1. Permanent in nature – takes effect
immediately and cannot be withdrawn temporary or acting appointee does not enjoy
any security of tenure, no matter how briefly.
once the appointee has qualified into office.
Effective until disapproved by the This is the kind of appointment that the
Constitution prohibits the President from
Commission on Appointments or until the
next adjournment of Congress [Matibag v. making to the three independent constitutional
commissions, including the COMELEC
Benipayo, G.R. No. 149036 (2002)].
2. No condition on the effectivity of an ad [Matibag v. Benipayo, supra].
interim appointment – appointee can at
once assume office and exercise, as a de 2. Disapproval vs. Bypass
jure officer, all the powers pertaining to the
office [Matibag v. Benipayo, supra]. An ad interim appointee disapproved by the
CA cannot be reappointed. But a by-passed
appointee, or one whose appointment was not
Page 182 of 384
acted upon the merits by the CA, may be 2. Eligibility to a public office is of a continuing
appointed again by the President, because nature and must exist both at the
failure by the CA to confirm an ad interim commencement and during the occupancy
appointment is not disapproval. of an office [Aguila v. Genato, 103 SCRA
(1981)].
Renewal of By-Passed Appointment 3. Integrity is a continuing requirement
“A by-passed appointment is one that has not [Republic v. Sereno, G.R. No. 237428
been finally acted upon on the merits by the (2018)].
Commission on Appointments at the close of
the session of Congress. There is no final Ineligibility
decision by the Commission on Appointments 1. Lack of qualifications prescribed by the
to give or withhold its consent to the Constitution or applicable law;
appointment as required by the Constitution. 2. Legally or otherwise disqualified to hold an
Absent such decision, the President is free to office; disqualified to be elected to an
renew the ad interim appointment of a by- office; disqualified to hold an office if
passed appointee” [Matibag v. Benipayo, elected or appointed to it [Topacio v.
supra]. Paredes, 23 Phil. 238-258 (1912)].
C. Midnight Appointments Qualification

1. May refer to endowment or
General Rule: A President or Acting President accomplishment that fits one for office;
shall not make appointments two (2) months
immediately before the next presidential Every particular job in an office calls for both
elections and up to the end of his term [Art. VII, formal and informal qualifications. Formal
Sec. 15]. qualifications such as age, number of
academic units in a certain course, seminars
Exceptions: When prejudicial to public attended, etc., may be valuable but so are such
service/safety; members of judiciary/SC. intangibles as resourcefulness, team spirit,
1. Temporary appointments to executive courtesy, initiative, loyalty, ambition, prospects
positions when continued vacancies for the future, and best interests of the service
therein will prejudice public service or [Gaspar v. CA, 190 SCRA 774 (1990)].
endanger public safety [Sec. 15, Art. VII,
1987 Constitution]; Administrative Code, Book V, Sections 21(1),
2. The prohibition does not apply to Members 21(7), and 22(1).
of the Supreme Court and the judiciary [De
Castro v. JBC, G.R. No. 191002 (2010)]. Section 21. Recruitment and Selection of
Employees. – (1) Opportunity for government
employment shall be open to all qualified citizens
Note: This provision applies only to presidential and positive efforts shall be exerted to attract the
appointments. There is no law that prohibits best qualified to enter the service. Employees shall
local executive officials from making be selected on the basis of fitness to perform the
appointments during the last days of their duties and assume the responsibilities of the
tenure [De Rama v. CA, G.R. No. 131136 positions.
(7) Qualification in an appropriate examination shall
(2001)]; be required for appointment to positions in the first
and second levels in the career service in
accordance with the Civil Service rules, except as
IV. ELIGIBILITY AND otherwise provided in this Title: Provided, That
whenever there is a civil service eligible actually
QUALIFICATION available for appointment, no person who is not
such an eligible shall be appointed even in a
REQUIREMENTS temporary capacity to any vacant position in the
career service in the government or in any
Eligibility government-owned or controlled corporation with
1. State of being legally fitted or qualified to original charter, except when the immediate filling of
the vacancy is urgently required in the public
be chosen [De Leon].
Page 183 of 384
interest, or when the vacancy is not permanent, in liabilities and responsibilities under existing laws of
which cases temporary appointments of non- the Philippines and the following conditions:
eligibles may be made in the absence of eligibles
actually and immediately available. (3) Those appointed to any public office shall
subscribe and swear to an oath of allegiance to the
Section 22. Qualification Standards. – (1) A Republic of the Philippines and its duly constituted
qualification standard expresses the minimum authorities prior to their assumption of office:
requirements for a class of positions in terms of Provided, that they renounce their oath of allegiance
education, training and experience, civil service to the country where they took that oath;
eligibility, physical fitness, and other qualities
required for successful performance. The degree of (5) That right to vote or be elected or appointed to
qualifications of an officer or employee shall be any public office in the Philippines cannot be
determined by the appointing authority on the basis exercised by, or extended to, those who:
of the qualification standard for the particular
position. (a) are candidates for or are occupying any public
office in the country of which they are naturalized
citizens; and/or
R.A. No. 9225, Sections 5(3) and 5(5)
(b) are in active service as commissioned or non-
Section 5. Civil and Political Rights and Liabilities. commissioned officers in the armed forces of the
– Those who retain or re-acquire Philippine country which they are naturalized citizens.
citizenship under this Act shall enjoy full civil and
political rights and be subject to all attendant
Qualifications Prescribed in Constitution for Certain Officers
1. Natural-born citizen;
2. Registered voter;
President and Vice-President.
3. Able to read and write;
(Art. VII, Secs. 2, 3)
4. At least forty years of age on the day of the Election;
5. Resident of the Philippines for at least ten years immediately
preceding such election.
2. On the day of the election, is at least thirty-five years of age;
Senators. (Art. VI, Sec. 3) 3. Able to read and write;
4. Registered voter;
5. Resident of the Philippines for not less than two years
immediately preceding the day of the election.
2. On day of election at least 25 years;
Members of the House of 3. Able to read and write;
Representatives. (Art VI, Sec. 4. Except in party-list elections, registered voter in district
6) where to be elected;
5. Resident for period of not less than one year immediately
preceding day of election.
1. Natural-born citizen of the Philippines;

Members of the Supreme 2. SC: must be at least forty years of age;
Court and lower collegiate 3. Must have been for fifteen or more a judge of lower court or
court. (Art. VIII) engaged in the practice of law in the Philippines;
4. Must be a person of proven competence, integrity, probity,
independence.
Page 184 of 384

Qualifications Prescribed in Constitution for Certain Officers
2. At least 35 at time of appointment;
Chairman and Commissioners
3. Proven capacity for public administration;
of the Civil Service. (Art. IX-B)
4. Must not have been candidates for any elective position in
the elections immediately preceding their appointment.
1. Natural-born citizens;
3. Holder of college degree;
Chairman and Commissioners
4. Must not have been candidates for any elective position in
of the Commission on
the immediately preceding elections;
Elections. (Art. IX-C)
5. Majority, including Chairman, shall be members of the PH
Bar who have been engaged in the practice of law for at least
ten years.
3. Certified public accountants with not less than ten years of
Chairman and Commissioners auditing experience or members of PH Bar who have been
of the Commission on Audit. engaged in practice of law for at least ten years;
(Art. IX-D) 4. Must not have been candidates for any elective positions in
the elections immediately preceding their appointment;
5. At no time shall all Members of the Commission belong to
the same profession.
Chairman and Members of the 1. Natural-born citizens

Commission on Human 2. Majority are members of Bar
Rights. (Art. XIII, Sec. 17) 3. Term/other qualifications and disabilities provided by law.
2. At time of their appointment at least 40;
3. Of recognized probity and independence;
Ombudsman and his deputies. 4. Members of the Bar;
(Art. XI, Sec. 8) 5. Not candidates for any elective office in the immediately
preceding elections;
6. Ombudsman: must have for ten years and more been a
judge or engaged in the practice of law in the Philippines.
Qualifications Prescribed by Law for Certain Officers
Secretaries of Departments (Admin. Code Citizens of PH;

of 1987, Book IV, Chapter 10, Sec. 45.) Not less than 25.
Presiding Justice and Associate Justice of Same qualifications as those provided in the
the CA (B.P. Blg. 129, Sec. 7) Constitution for Justices of the SC.
1. Natural-born citizen of PH;

2. At least 35;
Judges of RTC (B.P. Blg. 129, Sec. 15)
3. At least 10 years engaged in the practice of
law in the PH requiring admission to the
Page 185 of 384

Qualifications Prescribed by Law for Certain Officers
practice of law as an indispensable

requirement.
1. Registered voter in barangay, municipality,

city or province, or in case of a member of the
sangguniang panlalawigan, sangguniang
Judges of Metropolitan Trial Courts, panlungsod, or sangguniang bayan, the
Municipal Trial Courts, and Municipal district where he intends to be elected;
Circuit Trial Courts (B.P. Blg. 129, Sec. 26) 2. Resident therein for at least one (1) year
immediately preceding the day of the election;
3. Able to read and write Filipino or any other
local language or dialect.
1. Registered voter in barangay, municipality,

city or province, or in case of a member of the
sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan, the
Elective local officials, in general district where he intends to be elected;
2. Resident therein for at least one (1) year
immediately preceding the day of the election;
3. Able to read and write Filipino or any other
local language or dialect.
Candidates for the position of governor,

vice-governor or member of the
At least twenty-three (23) years of age on election
sangguniang panlalawigan, or mayor,
day.
vice-mayor or member of the sangguniang
panlungsod of highly urbanized cities
Candidates for the position of mayor or

At least twenty-one (21) years of age on election
vice-mayor of independent component
day.
cities, component cities, or municipalities
Candidates for the position of member of

At least eighteen (18) years of age on election
the sangguniang panlungsod or
day.
sangguniang bayan
Candidates for the position of punong

At least eighteen (18) years of age on election
barangay or member of the sangguniang
day.
barangay
subsidiaries [Sec. 6, Art. IX-B; Sec. 54,

V. DISABILITIES AND Book V, Admin. Code].
INHIBITIONS OF PUBLIC
XPN: Losing candidates in Barangay
OFFICERS elections [Sec. 94 (b) LGC].
General Disqualifications 2. Elective officials: not eligible for

1. Candidate who has lost in any election: appointment or designation in any capacity
cannot be appointed within one year to any to any public office or position during his
office in Govt. or in any GOCCs or
Page 186 of 384
tenure [Sec. 7, Art. IX-B; Sec. 54, Book V, Whether one office is subordinate to the other,
Admin. Code]. in the sense that one office has the right to
interfere with the other. Incompatibility between
XPN: Unless allowed by the Constitution two offices, is an inconsistency in the functions
(e.g., The VP as Cabinet Member [Sec. 3, of the two [Id.].
Art. VII, Const.], the President as Chairman
of NEDA [Sec. 9, Art. XII, Const.], a 4. Nepotism (Sec. 59, Book V, Admin.
representative of Congress as member of Code):
JBC [Sec. 8, Art. VIII, Const.]). a. all appointments in the national,
provincial, city and municipal
3. Appointive officials: cannot hold any governments or in any branch or
other office or employment in Govt. or any instrumentality thereof, including
subdivision, agency or instrumentality government-owned or controlled
thereof, including government-owned or corporations;
controlled corporations or their subsidiaries
unless otherwise allowed by law OR by b. made in favor of a relative of the
the primary functions of position [Sec. appointing or recommending
7, Art. IX-B, Const.; Sec. 54, Book V, authority, or of the chief of the
Admin. Code]. bureau or office, or of the persons
exercising immediate supervision
XPN: Official presidential family [Sec. 13]. over him, are hereby prohibited;
The President, Vice-President, the Members of
the Cabinet, and their deputies or assistants c. Relative/family members: within 3rd
shall not, unless otherwise provided in this degree of affinity or consanguinity.
Constitution, hold any other office or
employment during their tenure. XPN: (a) persons employed in a
confidential capacity, (b) teachers, (c)
It bears repeating though that in order that such physicians, and (d) members of the
additional duties or functions may not Armed Forces of the Philippines.
transgress the prohibition embodied in Section
13, Article VII of the 1987 Constitution, such Restriction not applicable to the case of
additional duties or functions must be required a member of any family who, after his
by the primary functions of the official or her appointment to any position in an
concerned, who is to perform the same in an office or bureau, contracts marriage
ex-officio capacity as provided by law, without with someone in the same office or
receiving any additional compensation bureau, in which event the employment
therefor. Ex-officio posts held by the executive or retention therein of both husband
official concerned without additional and wife may be allowed.
compensation as provided by law and as
required by the primary functions of his office d. Sec. 79, LGC: No person shall be
do not fall under the definition of "any other appointed in the career service of the
office" within the contemplation of the local government if he is related within
constitutional prohibition [Civil Liberties Union the fourth civil degree of consanguinity
v. Executive Secretary, G.R. Nos. 83896 & or affinity to the appointing or
83815 (1991)]. recommending authority.
A government official may occupy two Not applicable to the case of a

government offices and perform the functions member of any family who, after his
of both as long as there is no incompatibility or her appointment to any position in
[Public Interest Center Inc. v. Elma, G.R. No. an office or bureau, contracts
138965 (2006)]. marriage with someone in the same
office or bureau, in which event the
Doctrine of Incompatibility employment or retention therein of
Page 187 of 384

both husband and wife may be Covers appointments made by a group of
allowed. [Section 59, Chapter 8, individuals acting as a body [CSC v. Cortes,
Title I(A), Book V, EO No. 292] G.R. No. 200103 (2014)].
e. The spouse and relatives by Does not require the existence of a

consanguinity or affinity within the government position in the plantilla of an
fourth civil degree of the President shall organization, nor budgetary allocation therefor
not during his tenure be appointed as nor that the appointee received benefits as a
members of the Constitutional result of the appointment for its application
Commissions, or the Office of the [Bagaoisan v. Office of the Ombudsman for
Ombudsman, or as Secretaries, Mindanao, Davao City, G.R. No. 242005
Undersecretaries, chairmen or heads (2019)].
of bureaus or offices, including
government-owned or controlled Designation is included under appointment in
corporations and their subsidiaries [Art. this sense, or else, the rules on nepotism would
VII, Sec. 13, par. 2]. be meaningless as an appointing authority may
just designate a relative to a vacant position.
Covers promotional appointments (not just What cannot be done directly cannot be done
original appointments) [Debulgado v. CSC, 237 indirectly [Laurel V v. CSC, G.R. No. 71562
SCRA 184 (1994)]. (1991)].
Specific Disqualifications
1. No Senator or Member of the House of Representatives

2. May hold any other office or employment in the Government, or
any subdivision, agency, or instrumentality thereof, including
Members of
government-owned or controlled corporations or their subsidiaries
Congress [Const.,
without forfeiting his seat.
Art. VI, Sec. 13]
3. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for
which he was elected.
1. President, Vice-President, the Members of the Cabinet, and their

deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their
tenure.
President, VP,
2. Shall not, during said tenure, directly or indirectly, practice any
Cabinet, deputies,
other profession, participate in any business, or be financially
assistants [Const.,
interested in any contract with, or in any franchise, or special
Art. VII, Sec. 13]
privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.
3. They shall strictly avoid conflict of interest in the conduct of their office.
Members of SC
and of other courts Shall not be designated to any agency performing quasi-judicial or
[Const., Art. VIII, administrative functions.
Sec. 12]
Members of 1. No Member of a Constitutional Commission shall, during his tenure,

Constitutional hold any other office or employment.
Page 188 of 384

Commissions 2. Neither shall he engage in the practice of any profession or in the

[Const., Art. IX-A, active management or control of any business which in any way be
Sec. 2] affected by the functions of his office,
3. Nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their
subsidiaries.
Civil Service
Commission Commissioners must not have been candidates for any elective position in
[Const., Art. IX-B, the elections immediately preceding their appointment.
Sec. 1]
COMELEC [Const., Must not have been candidates for any elective position in the immediately
Art. IX-C, Sec. 1] preceding elections.
Commission on Must not have been candidates for any elective position in the elections
Audit [Const., Art. immediately preceding their appointment. At no time shall all Members of
IX-D, Sec. 1] the Commission belong to the same profession.
Ombudsman
Must not have been candidates for any elective office in the immediately
[Const., Art. XI,
preceding election.
Sec. 8, 2nd par.]
No member of the armed forces in the active service shall, at any time, be
Members of the appointed or designated in any capacity to a civilian position in the
Armed Forces Government including government-owned or controlled corporations or any
[Const., Art. XVI, of their subsidiaries.
Sec. 5[4]]
Note: Members of the Constitutional Commissions and the Ombudsman and Deputies must not have
been candidates (not only losing candidates) in the immediately preceding election.
Sovereignty resides in the people and all

VI. POWERS AND DUTIES government authority emanates from them
OF PUBLIC OFFICERS [Sec. 1, Art. II, 1987 Const.].
A. Scope of Power of a Public The right to be a public officer, then, or to

exercise the powers and authority of a public
Officer office, must find its source in some provision of
the public law.
a. Expressly conferred upon him by law under
which he has been appointed or elected; In the absence of a valid grant, public officials
b. Expressly annexed to the office by law are devoid of power. A public official exercises
which created it or some other law referring power, not rights. The Government itself is
to it; merely an agency through which the will of the
c. Attached to the office as incidents to it. State is expressed and enforced. Its officers
therefore are likewise agents entrusted with the
Source of Powers of Public Officer responsibility of discharging its functions. As
Page 189 of 384

such there is no presumption that they are A purely ministerial act or duty is one which an
empowered to act. There must be a delegation officer or tribunal performs in a given state of
of such authority, either express or implied facts, in a prescribed manner, in obedience to
[Villegas v. Subido, G.R. No. L-26534 (1969)]. the mandate of a legal authority, without regard
to or the exercise of his own judgment upon the
But once the power is expressly granted, it will propriety or impropriety of the act done.
be broadly construed in line with the doctrine of [Espidirion v. CA, G.R. No. 146933 (2006)]
necessary implication [De Leon].
General Rule: Performance of duties of this
Doctrine of Necessary Implication nature may be properly delegated to another.
All powers necessary for the effective exercise
of the express powers are deemed impliedly Exceptions
granted [Nachura]. • Delegation is expressly prohibited by law;
or
Authority can be exercised only during the term • The law expressly requires that the act be
when the public officer is, by law, invested with performed by the officer in person.
the rights and duties of the office.
Mandamus will lie but only upon a clear
Territorial Limitation of Authority of showing of a legal right [Sec. 3, Rule 65, Rules
Public Officers: of Court].
● The authority of public officers is limited to b. Discretionary
territory where law has effect, by virtue of
which they claim, has sovereign force — Acts which necessarily require the exercise of
the authority cannot exist in places where reason in the adaptation of means to an end,
the law has no effect. and discretion in determining how or whether
● Where a public officer authorized by law to the act shall be done or the course pursued.
perform his office at a particular place, his When the law commits to any officer the duty
action at a place not authorized by law is of looking into facts and acting upon them, not
invalid (i.e., judge levying and selling in a way which it specifically directs, but after a
property outside its jurisdiction is invalid) discretion in its nature, the function is
[De Leon]. discretionary (e.g., quasi-judicial acts).
Duration of Authority General Rule: A public officer cannot delegate

Limited to the term during which he is by law his discretionary duties to another.
invested with the rights and duties of the office
[De Leon]. Rationale: In cases where the execution of the
office requires exercise of judgment or
discretion by the officer, the presumption is that
Construction of Grant of Powers he was chosen because he was deemed fit and
Express grants of power are subject to a strict
competent to exercise such judgment.
interpretation and will be construed as
conferring those powers only which are
Exception: The power to substitute another in
expressly imposed or necessarily implied [De
his place has been expressly granted by law.
Leon; Banco Filipino Savings & Mortgage Bank
v. Monetary Board, G.R. 70054 (1991)].
The rule that requires an administrative officer
to exercise his own judgment and discretion
B. Classification of Powers and does not preclude him from utilizing, as a
Duties matter of practical administrative procedure,
the aid of subordinates to investigate and
1. As to Nature report to him the facts, on the basis of which
the officer makes his decisions. It is sufficient
that the judgment and discretion finally
a. Ministerial
exercised are those of the officer authorized by
Page 190 of 384

law [American Tobacco vs Director of Patents, action or step as prescribed by law to make
G.R. No. L-26803 (1975)]. them perform their duties [Mondano, supra]
Mandamus will not lie for the performance of a C. Duties of Public Officers
discretionary duty.
Exception to the Exception: When the There are two kinds of duties exercised by
public officers: the "duty owing to the public
discretion is granted only as to the manner of
its exercise and not the discretion to act or not collectively" (the body politic), and the "duty
to act, the court may require a general action owing to particular individuals, thus:
[BF Homes, Inc. v. National Water Resources
Council, G.R. No. 78529 (1987)]. 1. Of Duties to the Public. The first of these
classes embraces those officers whose duty is
2. As to the Obligation of the Officers owing primarily to the public collectively --- to
the body politic --- and not to any particular
to Perform Their Powers and Duties individual; who act for the public at large, and
who are ordinarily paid out of the public
a. Mandatory treasury.
Powers conferred on public officers are The officers whose duties fall wholly or partially
generally construed as mandatory although the
within this class are numerous and the
language may be permissive, where they are distinction will be readily recognized. Thus, the
for the benefit of the public or individuals.
governor owes a duty to the public to see that
the laws are properly executed, that fit and
b. Permissive competent officials are appointed by him, that
unworthy and ill-considered acts of the
Statutory provisions define the time and mode legislature do not receive his approval, but
in which public officers will discharge their these, and many others of a like nature, are
duties, and those which are obviously designed duties which he owes to the public at large and
merely to secure order, uniformity, system and no one individual could single himself out and
dispatch in public business are generally assert that they were duties owing to him alone.
deemed directory. So, members of the legislature owe a duty to
the public to pass only wise and proper laws,
If the act does not affect third persons and is but no one person could pretend that the duty
not clearly beneficial to the public, permissive was owing to himself rather than to another.
words will not be construed as mandatory [De Highway commissioners owe a duty that they
Leon]. will be governed only by considerations of the
public good in deciding upon the opening or
3. As to the Relationship of the closing of highways, but it is not a duty to any
Officers to Their Subordinates particular individual of the community.
Power of Control – The power of an officer to These illustrations might be greatly extended,
alter or modify or nullify or set aside what a but it is believed that they are sufficient to
subordinate officer had done in the define the general doctrine.
performance of his duties and to substitute the
judgment of the former for that of the latter. 2. Of Duties to Individuals. - The second
[Mondano v Silvosa, G.R. No. L-7708 (1995)] class above referred to includes those who,
while they owe to the public the general duty of
Power of Supervision a proper administration of their respective
offices, yet become, by reason of their
Supervision means overseeing or the power or employment by a particular individual to do
authority of an officer to see that subordinate some act for him in an official capacity, under a
officers perform their duties. If the latter fail orspecial and particular obligation to him as an
neglect to fulfill them the former may take such
Page 191 of 384
individual. They serve individuals chiefly and House concerned of a potential conflict of
usually receive their compensation from fees interest that may arise from the filing of a
paid by each individual who employs them. proposed legislation of which they are authors
[Art. VI, Sec. 12].
A sheriff or constable in serving civil process
for a private suitor, a recorder of deeds in 2. Duties of Public Officers as
recording the deed or mortgage of an Trustees for the Public
individual, a clerk of court in entering up a
private judgment, a notary public in protesting a. In General
negotiable paper, an inspector of elections in
passing upon the qualifications of an elector, 1. Duty to obey the law;
each owes a general duty of official good 2. Duty to accept and continue in office;
conduct to the public, but he is also under a 3. Duty to accept burden of office;
special duty to the particular individual 4. Duty as to diligence and care in the
concerned which gives the latter a peculiar performance of official duties;
interest in his due performance [Vinzons-Chato 5. Duty in choice and supervision of
v. Fortune Tobacco Corp., G.R. No. 141309 subordinates.
(2008)].
b. Ethical Duties
1. General (Constitutional) Duties
Bound to perform honestly, faithfully, and to the
a. To be accountable to the people; to serve best of his ability, and to act primarily for the
them with utmost responsibility, integrity, benefit of the people. An attempt to exercise
loyalty and efficiency; to act with patriotism those powers corruptly for some improper
and justice; and to lead modest lives [Sec. purpose is null and void.
1, Art. IX, 1987 Const.]. a. Duty to refrain from outside activities that
b. To submit a declaration under oath of his interfere with the proper discharge of their
assets, liabilities and net worth (SALN) duties;
upon assumption of office and as often b. Duty not to use his official power to further
thereafter as may be required by law [Sec. his own interest;
17, Art. XI, 1987 Const.]. c. Duty to act with civility [De Leon].
Minor or explainable errors in the SALN,

which cannot be related to an attempt to 3. Specific Duties under the Code of
conceal illicit activities, should not be Conduct and Ethical Standards for
punishable. This Court may relax the rule Public Officials and Employees
on strictly complying with the SALN in
cases where minor errors were committed a. Act promptly on letters and requests;
since these may simply be used to harass b. All public officials shall, within fifteen
and obstruct public officers in the (15) working days from receipt,
performance of their duties [Iglesias v. respond to letters, telegrams or other
Office of the Ombudsman, G.R. No. means of communication sent by the
180745 (2017)]. public. The reply must contain the
c. To owe the State and the Constitution answer taken on the request;
allegiance at all times [Sec. 18, Art. XI, c. Submit annual performance reports;
Const.]. d. All heads or other responsible officers
of agencies of the government or of
Duty to Make Financial Disclosures GOCCs shall, within forty-five (45)
for Members of Congress working days from the end of the year,
All Members of the Senate and the House of render a full and complete report of
Representatives shall, upon assumption of performance and accomplishments, as
office, make a full disclosure of their financial prescribed by existing rules and
and business interest. They shall notify the
Page 192 of 384
regulations of the agency, office or Legal Right to Position Is Protected by
corporation concerned; Security of Tenure upon Assumption
e. Process documents and papers of Office
expeditiously; The moment the appointee assumes a position
f. All official papers and documents must
in the civil service under a completed
be processed and completed within a appointment, he acquires a legal, not merely
reasonable time from the preparation
equitable right (to the position), which is
thereof and must contain, as far as protected not only by statute, but also by the
practicable, not more than three (3)
Constitution [Art. IX-B, Sec. 2, par. (3)] and
signatories therein; cannot be taken away from him either by
g. Act immediately on the public’s
revocation of the appointment, or by removal,
personal transactions; except for cause, and with previous notice and
h. All public officials and employees must
hearing [CSC v. Magnaye, Jr., G.R. No.
attend to anyone who wants to avail
183337 (2010)].
himself of the services of their offices,
and must, at all times, act promptly and
expeditiously;
Security of Tenure Cannot Be
i. Make documents accessible to the Expanded to Grant Right to Office
public; When There Is a Change in the Nature
j. All public documents must be made of the Office
accessible to, and readily available for Security of tenure in public office means that a
inspection by, the public within public officer or employee shall not be
reasonable working hours [Sec. 5, R.A. suspended or dismissed except for cause, as
No. 6713]. provided by law and after due process. It
cannot be expanded to grant a right to public
office despite a change in the nature of the
VII. RIGHTS OF PUBLIC office held.
OFFICERS
Both career and non-career service employees
A. To Office have a right to security of tenure. All permanent
officers and employees in the civil service,
regardless of whether they belong to the career
B. Security of Tenure or non-career service category, are entitled to
this guaranty; they cannot be removed from
1987 Constitution office except for cause provided by law and
after procedural due process [Government of
Article IX-B, Section 2(3). Camarines Norte vs. Gonzales, G.R. No.
(3) No officer or employee of the civil service shall
185740 (2013)].
be removed or suspended except for cause
provided by law.
C. Compensation
Article XIII, Section 3, Paragraph 2. [The State]
shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations, 1987 Constitution, Article IX-B, Sections 5 and 8.
and peaceful concerted activities, including the right
to strike in accordance with law. They shall be Section 5. The Congress shall provide for the
entitled to security of tenure, humane conditions of standardization of compensation of government
work, and a living wage. They shall also participate officials and employees, including those in
in policy and decision-making processes affecting government-owned or controlled corporations with
their rights and benefits as may be provided by law. original charters, taking into account the nature of
the responsibilities pertaining to, and the
qualifications required for their positions.
Section 8. No elective or appointive public officer or

employee shall receive additional, double, or
indirect compensation, unless specifically
Page 193 of 384

authorized by law, nor accept without the consent of "(t)he right to self-organization shall not be
the Congress, any present, emolument, office, or denied to government employees."
title of any kind from any foreign government.
With respect to other civil servants, that is,
Pensions or gratuities shall not be considered as employees of all branches, subdivisions,
additional, double, or indirect compensation.
instrumentalities and agencies of the
government including government-owned or
The ex-officio positions held by Cabinet controlled corporations with original charters
officials are not entitled to additional and who are, therefore, covered by the civil
compensation. The ex-officio position being service laws, the guidelines for the exercise of
actually and in legal contemplation part of the their right to organize is provided for under
principal office, it follows that the official Executive Order No. 180 [TUPAS vs. NHA,
concerned has no right to receive additional G.R. No. L-49677 (1989)].
compensation for his services in the said
position. The reason is that these services are F. Retirement Pay
already paid for and covered by the
compensation attached to his principal office Pensions or gratuities shall not be considered
[Civil Liberties Union v. Executive Secretary, as additional, double, or indirect compensation
supra]. [Sec. 8, Art. IX-B, Const.].
This Court, in a long line of cases, has already This provision simply means that a retiree
applied the double compensation prohibition to receiving pension or gratuity can continue to
positions outside the Cabinet [Suratos v. receive such pension or gratuity even if he
Commission on Audit, G.R. No. 253584 accepts another government position to which
(2022)]. another compensation is attached [Santos v.
Court of Appeals, G.R. No. 139792 (2000)].
D. Different/Applicable Leaves
VIII. LIABILITIES OF PUBLIC
E. Self-Organization
OFFICERS
1987 Constitution
1987 Constitution, Article XI, Section 15. The
Article III, Section 8. The right of the people, right of the State to recover properties unlawfully
including those employed in the public and private acquired by public officials or employees, from them
sectors, to form unions, associations, or societies for or from their nominees or transferees, shall not be
purposes not contrary to law shall not be abridged. barred by prescription, laches, or estoppel.
Article XIII, Section 3, 2nd par. [The State] shall

guarantee the rights of all workers to self- Administrative Code, Book I, Section 38. Liability
organization, collective bargaining and negotiations, of Superior Officers. –
and peaceful concerted activities, including the right (1) A public officer shall not be civilly liable for acts
to strike in accordance with law. They shall be done in the performance of his official duties,
entitled to security of tenure, humane conditions of unless there is a clear showing of bad faith,
work, and a living wage. They shall also participate malice or gross negligence.
in policy and decision-making processes affecting (2) Any public officer who, without just cause,
their rights and benefits as may be provided by law. neglects to perform a duty within a period fixed
by law or regulation, or within a reasonable
Article IX-B, Section 2(5). period if none is fixed, shall be liable for
(5) The right to self-organization shall not be denied damages to the private party concerned without
to government employees. prejudice to such other liability as may be
prescribed by law.
(3) A head of a department or a superior officer
With respect to government employees, the shall not be civilly liable for the wrongful acts,
right to unionize is recognized in Paragraph (5), omissions of duty, negligence, or misfeasance
Section 2, Article IX-B which provides that
Page 194 of 384

of his authorized by written order the specific (17) Freedom from being compelled to be a witness
act or misconduct complained of. against one's self, or from being forced to
confess guilt, or from being induced by a
Book I, Section 39. Liability of Subordinate promise of immunity or reward to make such
Officers. – No subordinate officer or employee shall confession, except when the person confessing
be civilly liable for acts done by him in good faith in becomes a State witness;
the performance of his duties. However, he shall be (18) Freedom from excessive fines, or cruel and
liable for willful or negligent acts done by him which unusual punishment, unless the same is
are contrary to law, morals, public policy and good imposed or inflicted in accordance with a
customs even if he acted under orders or statute which has not been judicially declared
instructions of his superiors. unconstitutional; and
(19) Freedom of access to the courts.
Civil Code, Articles 27, 32, and 34. In any of the cases referred to in this article, whether
or not the defendant's act or omission constitutes a
Article 27. Any person suffering material or moral criminal offense, the aggrieved party has a right to
loss because a public servant or employee refuses commence an entirely separate and distinct civil
or neglects, without just cause, to perform his official action for damages, and for other relief. Such civil
duty may file an action for damages and other relief action shall proceed independently of any criminal
against the latter, without prejudice to any prosecution (if the latter be instituted), and may be
disciplinary administrative action that may be taken. proved by a preponderance of evidence.
Article 32. Any public officer or employee, or any The indemnity shall include moral damages.
private individual, who directly or indirectly Exemplary damages may also be adjudicated.
obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and The responsibility herein set forth is not demandable
liberties of another person shall be liable to the latter from a judge unless his act or omission constitutes
for damages: a violation of the Penal Code or other penal statute.
(1) Freedom of religion;
(2) Freedom of speech; Article 34. When a member of a city or municipal
(3) Freedom to write for the press or to maintain a police force refuses or fails to render aid or
periodical publication; protection to any person in case of danger to life or
(4) Freedom from arbitrary or illegal detention; property, such peace officer shall be primarily liable
(5) Freedom of suffrage; for damages, and the city or municipality shall be
(6) The right against deprivation of property without subsidiarily responsible therefor. The civil action
due process of law; herein recognized shall be independent of any
(7) The right to a just compensation when private criminal proceedings, and a preponderance of
property is taken for public use; evidence shall suffice to support such action.
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house,
papers, and effects against unreasonable Juxtaposed with Article 32 of the Civil Code,
searches and seizures; the principle may now translate into the rule
(10) The liberty of abode and of changing the same; that an individual can hold a public officer
(11) The privacy of communication and personally liable for damages on account of an
correspondence; act or omission that violates a constitutional
(12) The right to become a member of associations
right only if it results in a particular wrong or
or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly injury to the former [Vinzons-Chato v. Fortune
to petition the Government for redress of Tobacco Corp., supra].
grievances;
(14) The right to be a free from involuntary servitude See: Articles 203-245 of the Revised Penal
in any form; Code for Title VII - Crimes Committed by Public
(15) The right of the accused against excessive bail;
Officers.
(16) The right of the accused to be heard by himself
and counsel, to be informed of the nature and
cause of the accusation against him, to have a Local Government Code, Section 24. Liability for
speedy and public trial, to meet the witnesses Damages. – Local government units and their
face to face, and to have compulsory process officials are not exempt from liability for death or
to secure the attendance of witness in his injury to persons or damage to property.
behalf;
Page 195 of 384

Presumption of Regularity penal sanction, the erring officer may also be
Such presumption of regularity of performance punished criminally. Finally, such violation may
of official duty stands only when no reason also lead to suspension, removal from office, or
exists in the records by which to doubt the other administrative sanctions [Ramiscal v.
regularity of the performance of official duty. Commission on Audit, G.R. No. 213716
The presumption is rebuttable by affirmative (2017)].
evidence of irregularity or of any failure to
perform a duty [People v. Arposeple y General Rule: The action that may result for
Sanchez, G.R. No. 205787 (2017)]. each liability may proceed independently of
one another, as the quantum of evidence
Liability of Superior Officers required in each case is different.
General Rule: Superior officers are NOT civilly
liable for acts done in the performance of their Exception: Where the very basis of the
official duties. administrative case is conviction in the criminal
action which was later on set aside upon a
Exceptions: categorical and clear finding that the acts for
1. Where there is a clear showing of bad faith, which the officer was administratively held
malice, or gross negligence; liable are not unlawful and irregular, the
2. There is neglect in the performance of a acquittal of the officer in the criminal case
duty within the period fixed by law or necessarily entails the dismissal of the
regulation, or within a reasonable period if administrative action against them [Larin v.
none is fixed; Executive Secretary, G.R. No. 112745 (1997)].
3. Where the superior officer has actually
authorized by written order the specific act IX. IMMUNITY OF PUBLIC
or omission complained of.
OFFICERS
Liability of Subordinate Officers
General Rule: Subordinate officers are NOT 1987 Constitution, Article XVI, Section 3. The
civilly liable for acts done in the performance of State may not be sued without its consent.
their official duties.
Doctrine of State Immunity
Exception: They are liable for willful or
The State’s immunity from suit extends to
negligent acts done by them contrary to law, public officers when they are acting in the
morals, public policy and good customs even if
performance of their duties. The rationale is
they acted under orders of their superiors. that a contrary rule would result in public
officers being unduly hampered, deterred and
Threefold Liability Rule intimidated in the discharge of their duties.
Under the threefold liability rule, a public
officer may be held civilly, criminally, and The rule (on state immunity) applies only when
administratively liable for a wrongful act or the state or its subdivision is actually made a
omission. The administrative liability is party upon the record, or is actually necessary
separate and distinct from the penal and civil to be made a party in order to furnish the relief
liabilities. Thus, the dismissal of an demanded by the suit. It does not apply when
administrative case does not necessarily bar the suit is against an officer or agent of the
the filing of a criminal prosecution for the same state, and the relief demanded by the suit
or similar acts, which were the subject of the requires no affirmative official action on the part
administrative complaint [Tecson v. of the state [Ruiz v. Cabahug, G.R. No. L-9990
Sandiganbayan, G.R. No. 123045 (1999)]. (1957)].
If such violation or wrongful act results in Government immunity from suit will also not
damages to an individual, the public officer shield the public official being sued if the
may be held civilly liable to reimburse the government no longer has an interest to protect
injured party. If the law violated attaches a in the outcome of the suit (i.e., there is no
Page 196 of 384
charge or financial liability against the b. There was a want of power in the
government), or if the liability of the officer is electing or appointing body or of some
personal because it arises from a tortious act in defect or irregularity in its exercise.
the performance of his/her duties [Philippine
Agila Satellite Inc. v. Trinidad-Lichauco, G.R. Such ineligibility, want of power or defect
No. 142362 (2006)]. being unknown to the public.
X. DISTINGUISH: DE 4. Under color of an election or

appointment, by or pursuant to a public
FACTO AND DE JURE unconstitutional law, before the same is
adjudged to be such.
OFFICERS
De Facto Doctrine
A. De Facto Officers Insofar as the public or third persons are
concerned, the actions of a de facto officer,
Definition during the period of such officer’s wrongful
tenure, are accorded validity.
De Jure Officer
A de jure officer is one who is deemed, in all Basis of the De Facto Doctrine
respects, legally appointed and qualified and This principle was born of necessity, as the
whose term of office has not expired [Funa v. public cannot be expected to investigate the
Chairman, Civil Service Commission, G.R. No. right of a public official to an office before
191672 (2014)]. transacting with them.
An officer de jure is one who is exercising the On this basis, it is apparent that the de facto
office as a matter of right or according to law officer doctrine is primarily for protecting those
[Luna v. Rodriguez, G.R. No. L-12647 (1917)]. who rely on the official acts of persons
discharging the duties of a public office, without
De Facto Officer being lawful officers. It is meant to ensure the
A de facto officer is one who has the reputation functioning of the government “despite
of being the officer he assumes to be, and yet technical defects in [the official’s] title to office
is not a good officer in point of law [Torres v. [Arroyo v. CA, G.R. No. 202860 (2019)].
Ribo, G.R. No. L-2051 (1948)].
Usurper
In Luna v. Rodriguez [G.R. No. L-12647 One who takes possession of the office without
(1917)], the Court held that a person is any color of right or authority, either actual or
considered a de facto officer where the duties apparent.
of the office are exercised:
1. Without a known appointment or Elements of De Facto Officership
election, but under such circumstances of
reputation or acquiescence as were 1. There must be a de jure office;
calculated to induce people, without 2. There must be a color of right or general
inquiry, to submit to or invoke his action, acquiescence by the public; and
supposing him to be the officer he 3. There must be actual physical possession
assumed to be; or of the office in good faith [Tuanda v.
2. Under color of a known and valid Sandiganbayan, G.R. No. 110544, (1995)].
appointment or election, but where the
officer has failed to conform to some Note: In Arroyo v. CA [G.R. No. 202860
precedent requirement or condition (e.g., to (2019)], the Court held that good faith is
take an oath, give a bond, etc).; or no longer necessary. The primordial
3. Under the color of a known election or concern that the doctrine seeks to address
appointment, but VOID because: remains to be the protection of the public,
a. The officer was not eligible; who rely on the acts of a person performing
Page 197 of 384

the duties of an office pursuant to an 1. The de facto officer was duly proclaimed
irregular or defective authority. Precluding and assumed office, but was issued due to
its application to cases where there was no the protest by the de jure officer. The de
good faith possession of the office, despite jure officer cannot recover the salary during
having a color of authority or right to the the incumbency of the de facto officer
office, would render the doctrine's purpose [Rodriguez, Sr. v. Tan, G.R. No. L-3913
nugatory [Arroyo v. CA, supra]. (1952)].
2. There is no de jure officer and a de facto
Entitlement to Salary of De Facto officer, who, in good faith has had
Officer possession of the office and has
discharged the duties [Funa v. Chairman,
General rule: The rightful incumbent of a Civil Service Commission, G.R. No.
191672 (2014)].
public office may recover from an officer de
3. The rightful incumbent received
facto the salary received by the latter during the
time of his wrongful tenure, even though he emoluments in a different position. In this
case, the incumbent may only recover back
entered into the office in good faith and under
color of title [Monroy v. CA, G.R. No. L-23258 pay differentials from the de facto officer,
which is the difference in salary between
(1967)].
the rightful position and the position served
[General Manager v. Montserate, G.R. No.
Exceptions: The rightful incumbent, however,
cannot recover the salary from the de facto 129616 (2002)].
officer when:
B. De Facto v. De Jure Officers
De Facto De Jure
An officer de facto is one who has the

reputation or appearance of being the An officer de jure is one who is
officer he assumes to be but who, exercising the office as a matter of
Definition
under the law, has no right or title to the right or according to law [Luna v.
office he assumes to hold [Codilla v. Rodriguez, G.R. No. L- 12647 (1917)].
Martinez, G.R. No. L- 14569 (1960)].
1. Existence of a de jure office;

2. Assumption of office under a color 1. Existence of a de jure office;
of right or general acquiescence by 2. He is legally qualified to the office;
Requisites the public; 3. He is lawfully chosen to the office;
3. Actual physical possession of the 4. He undertakes to perform the
office [Tuanda vs. Sandiganbayan, duties of the office.
G.R. No. 110544 (1995)].
Basis of
Rests on reputation. Matter of right.
Authority
Direct proceeding of quo warranto (but Cannot be ousted even in a direct

How Ousted
seen mandamus, infra). proceeding.
Valid, subject to exceptions (e.g.,

Validity of Valid as to the public until his title to the
acting beyond his scope of authority,
Official Acts office is adjudged insufficient.
etc.).
Page 198 of 384

De Facto De Jure
Conditionally entitled to receive only Rightfully entitled to compensation;

Compensation when no de jure officer is declared and “no work, no pay” principle is
only for actual services rendered. inapplicable to him.
For clarity, the de facto officer doctrine confers

validity to the actions of an officer having
XI. TERMINATION OF
illegitimate title to the office, as if he or she was OFFICIAL RELATION
acting as a de jure officer. Its effect is similar
to the ratification of acts done outside the A. Involuntary Retirement
scope of one's authority [Arroyo v. CA, supra].
[See Re: Ma. Cristina Roco
Remedies Corona, A.M. No. 20-07-10-SC
(2021)]
Distinguish Quo Warranto and
Mandamus Concept
Retirement is the termination of one’s own
1. As to objective employment or career, especially upon
Quo warranto seeks the ouster of a usurper reaching a certain age or for health reasons. To
of a public office, position, or franchise, and withdraw is to withdraw from one’s position or
the entry therein of the person entitled occupation, or to conclude one’s active working
thereto; while mandamus lies to restore the life or professional career.
petitioner into a right or office, and not to try
disputed titles. Retirement is involuntary when one’s
profession is terminated for reasons outside
2. As to who has standing to file the the control and discretion of the worker.
petition Impeachment resulting in removal from holding
Quo warranto may be filed by the Solicitor office falls under the column on involuntary
General, a public prosecutor, or the person retirement.
entitled to the contested office; while
mandamus is available only to one who Having been removed by the Congress from
holds a clear, well-defined, and certain office with a lifetime ban from occupying any
entitlement to a right or office. and all future public posts, but without a
proper determination of or even a basis for
3. As against whom the remedy is directed any recoverable liability under the law due
Quo warranto is directed against an to causes beyond his control, Chief Justice
usurper of a public office, position, or Corona may be considered involuntarily retired
franchise; while mandamus is directed from public service [Re: Ma. Cristina Roco
against one who unlawfully excludes Corona, supra].
another from a right or office [Municipality
of Payao, Zamboanga Sibugay v. B. Death or Permanent Disability
Municipality of Imelda, Zamboanga
Sibugay, G.R. No. 243167 (2021)].
Effect of Death of Respondent Public
Officer
General Rule: Death of the respondent in an
administrative case does not preclude a finding
of administrative liability [Civil Service
Commission v. Juen, G.R. No. 200577 (2016)].
Page 199 of 384

Exception: Death of the respondent in an appointed or chosen and has qualified. The
administrative case precludes the finding of legislative intent of not allowing holdover must
administrative liability when: be clearly expressed or at least implied in the
1. Due process may be subverted; legislative enactment, otherwise it is
2. On equitable and humanitarian reasons; reasonable to assume that the law-making
and body favors the same [Lecaroz vs
3. The penalty imposed would render the Sandiganbayan, G.R.No. 130872 (1999)].
proceedings useless [Civil Service
Commission v. Juen, supra]. The application of the hold-over principle
preserves continuity in the transaction of
A respondent’s death during the pendency of official business and prevents a hiatus in
an administrative proceeding was cause to government pending the assumption of a
dismiss the case, due to the futility of the successor into office. As held in Topacio
imposition of any penalty [Flores-Concepcion Nueno v. Angeles, cases of extreme necessity
v. Castañeda, A.M. No. RTJ-15-2438 (2020)]. justify the application of the hold-over principle
[Sambarini vs. COMELEC, G.R.No. 160427
C. Abolition of Office (2004)].
Abolishing an office also abolishes an
unexpired term. The legislature’s abolition of E. Resignation
an office (e.g., a court) also abolishes the
unexpired term. The legislative power to create Concept
a court carries with it the power to abolish it Resignation implies an expression of the
[Ocampo v. Secretary of Justice, G.R. No. L- incumbent in some form, express or implied, of
7910 (1955)]. the intention to surrender, renounce, and
relinquish the office and the acceptance by
The President has power to reorganize the competent and lawful authority [Gamboa v. CA,
Executive. The President’s power of control G.R. No. L-41054 (1975)].
gives him authority to deactivate the functions
of particular offices. As far as bureaus, Requisites
agencies or offices in the executive department In order for resignation to be complete and
are concerned, the President’s power of control operative, there must be:
may justify him to inactivate the functions of a (a) An intention to relinquish a part of the term;
particular office, or certain laws may grant him (b) The act of relinquishment, and;
the broad authority to carry out reorganization (c) An acceptance by the proper authority
measures [Buklod ng Kawaning EIIB v. [Republic v. Singun, G.R. No. 149356
Zamora, G.R. No. 142801-802 (2001)]. (2008)].
D. Expiration of Term or Tenure Acceptance of Resignation Necessary

Mere presentation of resignation does not work
It is an established rule that the tenure of those as a vacancy. Until acceptance by proper
holding primarily confidential positions ends authority, the tender or offer to resign is
upon loss of confidence, because their term of revocable, unless otherwise provided by
office lasts only as long as confidence in them statute [Joson III v. Nario, G.R. No. 91548
endures. Their termination can be justified on (1990)].
the ground of loss of confidence, in which case,
their cessation from office involves no removal Acceptance is necessary for resignation of a
but the expiration of their term of office public officer to be operative and effective.
[CSC vs. Pilila Water District, G.R. No. 190147 Otherwise, the officer is subject to the penal
(2013)]. provision of Art. 238 of the Revised Penal Code
on Abandonment of Office or Position.
Absent an express or implied constitutional or Although a public officer cannot abandon his
statutory provision to the contrary, an officer is office or position before his resignation is
entitled to stay in office until his successor is accepted, the incumbent official would not be
Page 200 of 384
in a position to determine the acceptance of his holder, with the intention of terminating his
resignation unless he has been duly notified possession and control thereof.
thereof [Gamboa v. CA, supra].
A person holding a public office may abandon
Totality Test such office by nonuser or acquiescence.
Since petitioner Estrada did not write any Non-user refers to a neglect to use a right
formal letter of resignation before he evacuated or privilege or to exercise an office.
Malacañang Palace, whether or not he However, nonperformance of the duties of an
resigned has to be determined from his act and office does not constitute abandonment where
omissions before, during and after January 20, such nonperformance results from temporary
2001, or by the totality of prior, disability or from involuntary failure to perform.
contemporaneous and posterior facts and Abandonment may also result from an
circumstantial evidence bearing a material acquiescence by the officer in his wrongful
relevance on the issue. removal or discharge, for instance, after a
summary removal, an unreasonable delay by
The validity of a resignation is not governed by an officer illegally removed in taking steps to
any formal requirement as to form. It can be vindicate his rights may constitute an
oral. It can be written. It can be express. It can abandonment of the office [Canonizado vs.
be implied. As long as the resignation is clear, Aguirre, G.R. No. 133132 (2001)].
it must be given legal effect [Estrada v.
Desierto, G.R. No. 146710-15 (2001)].
Elements of Abandonment
The two elements of abandonment of office
F. Abandonment of Office
are:
1. An intention to abandon;
Concept 2. An overt or external act by which the
Abandonment of office has been defined as the intention is carried into effect [Canonizado
voluntary relinquishment of an office by the v. Aguirre, supra].
Distinguish Between Resignation and Abandonment

Resignation Abandonment
[Gamboa v. CA, supra].
Resignation implies an expression of Abandonment of office has been

the incumbent in some form, express defined as the voluntary
or implied, of the intention to relinquishment of an office by the
Definition surrender, renounce, and relinquish holder, with the intention of
the office and the acceptance by terminating his possession and control
competent and lawful authority thereof. [Sangguniang Bayan of San
[Gamboa v. CA, supra]. Andres v. CA, supra].
Kind of
Either voluntary or involuntary. Always voluntary.
Relinquishment
1. Intention to relinquish a part of the

term; 1. Intention to abandon;
Elements 2. An act of relinquishment; 2. An overt act by which the intention
3. An acceptance by the proper is carried into effect.
authority.
Page 201 of 384

G. Acceptance of Incompatible Recall under the LGC
The termination of the official relationship of a
Office local elective official for loss of confidence prior
to the expiration of his term through the will of
Concept the electorate [Sec. 69, LGC].
The general rule in Article IX-B, Section 7
permits an appointive official to hold more than
one office only if allowed by law or by the Recall under Recall under LGC
primary functions of his position. There is no Admin. Code
legal objection to a government official The CSC has the Recall under Section
occupying two government offices and power to recall an 69-75 of the Local
performing the functions of both as long as appointment which Government Code is
there is no incompatibility. has been initially a mode of removal
approved when it is of a public official by
Incompatibility exists when one office is shown that the same the people before
subordinate to the other, in the sense that one was issued in the end of his term
office has the right to interfere with the other. disregard of pertinent of office.
[Public Interest Center, Inc. v. Elma, G.R. No. CSC laws, rules and
138965 (2006)]. regulations.
I. Criminal Conviction
H. Recall
See: RPC for Effect of Penalties
Grounds
1. Non-compliance with the
procedures/criteria provided by the
J. Impeachment
agency’s Merit Promotion Plan; See: C. Impeachment v. Quo Warranto under
2. Failure to pass through the agency’s Part XIII of the Law on Public Officers part of
Selection/Promotion Board; the reviewer for a thorough discussion of
3. Violation of existing collective agreement Impeachment.
between management and employees
relative to promotion; Effects of Impeachment
4. Violation of other existing civil service laws, a. Removal from office of the official
rules and regulations [Sec. 20, Rule VI, IRR concerned;
of Administrative Code; De Rama v. CA, b. Disqualification to hold any office;
G.R. No. 131136 (2001)]. c. Impeached officer still liable to prosecution,
trial, and punishment if the impeachable
The CSC may recall an appointment for not offense committed also constitutes a felony
meeting the qualification standard. The recall or crime.
or invalidation of an appointment does not
require a full-blown, trial-type proceeding. In K. Removal through Quo
approving or disapproving an appointment, the Warranto/Prescription of Right
CSC only examines the conformity of the
appointment with applicable provisions of law to Office
and whether the appointee possesses all the See: C. Impeachment vs. Quo Warranto under
minimum qualifications and none of the Part XIII of the Law on Public Officers part of
disqualifications. Thus, in contrast to the reviewer for a thorough discussion of Quo
administrative disciplinary actions, a recall Warranto.
does not require notice and hearing [Civil
Service Commission v. Cutao, G.R. No. L. Dismissal as Penalty of
225151 (2020)]. Disciplinary Action
Page 202 of 384

b. The CSC cannot co-manage or be a
XII. THE CIVIL SERVICE surrogate administrator of government
offices and agencies.
A. Scope c. It cannot change the nature of the
appointment extended by the appointing
1987 Constitution, Article IX-B officer [Luego v. CSC, G.R. No. L-69137
(1986)].
Section 2(1). The Civil Service embraces all
branches, subdivisions, instrumentalities and
agencies of the Government, including B. Appointments to the Civil
government-owned and controlled corporations Service
with original charters.
Section 3. The Civil Service Commission, as the

Appointments in the civil service shall be made
central personnel agency of the Government, shall only according to merit and fitness to be
establish a career service and adopt measures to determined, as far as practicable, and, except
promote morale, efficiency, integrity, to positions which are policy-determining,
responsiveness, progressiveness, and courtesy primarily confidential, or highly technical, by
in the civil service. competitive examination [Const., Art. IX-B,
Sec. 2(2)].
Civil Service laws, rules, and regulations apply
to all branches, subdivisions, instrumentalities Administrative Code of 1987, Book V, Section 7.
and agencies of the government, including Career Service. – The Career Service shall be
GOCCs with original charters [Laya, Jr., v. characterized by:
Philippine Veterans Bank, G.R. No. 205813 (1) Entrance based on merit and fitness to be
determined as far as practicable by competitive
(2018)].
examination, or based on highly technical
qualifications;
Note: As to the power of the CSC to review an (2) Opportunity for advancement to higher career
appointee’s qualifications: The only function of positions; and
the CSC is to review the appointment in the (3) Security of tenure.
light of the requirements of the Civil Service
The Career Service shall include:
Law, and when it finds the appointee to be
(1) Open Career positions for appointment to which
qualified and all other legal requirements have prior qualification in an appropriate examination
been otherwise satisfied, it has no choice but is required;
to attest to the appointment [Lapinid v. CSC, (2) Closed Career positions which are scientific, or
G.R. No. 96298 (1991)]. highly technical in nature; these include the
faculty and academic staff of state colleges and
universities, and scientific and technical
In TIDCORP v. CSC [G.R. No. 182249 (2013)],
positions in scientific or research institutions
the Court clarified that the CSC’s rulemaking which shall establish and maintain their own
power, albeit constitutionally granted, is still merit systems;
limited to the implementation and (3) Positions in the Career Executive Service;
interpretation of the laws it is tasked to namely, Undersecretary, Assistant Secretary,
enforce. Thus, a law which exempts an Bureau Director, Assistant Bureau Director,
Regional Director, Assistant Regional Director,
agency from rules on position classification
Chief of Department Service and other officers
cannot be overridden by a CSC Memorandum of equivalent rank as may be identified by the
Circular. Career Executive Service Board, all of whom
are appointed by the President;
Limitations on the Civil Service (4) Career officers, other than those in the Career
Commission’s Powers Executive Service, who are appointed by the
President, such as the Foreign Service Officers
in the Department of Foreign Affairs;
a. It cannot order the replacement of the (5) Commissioned officers and enlisted men of the
appointee simply because it considers Armed Forces which shall maintain a separate
another employee to be better qualified merit system;
[Lapinid v. CSC, supra].
Page 203 of 384

(6) Personnel of government-owned or controlled (1) Elective officials and their personal or
corporations, whether performing confidential staff;
governmental or proprietary functions, who do (2) Secretaries and other officials of Cabinet rank
not fall under the non-career service; and who hold their positions at the pleasure of the
(7) Permanent laborers, whether skilled, semi- PResident and their personal or confidential
skilled, or unskilled. staff(s);
(3) Chairman and members of commissions and
boards with fixed terms of office and their
1. Career Service personal or confidential staff;
(4) Contractual personnel or those whose
The career service is characterized by: employment in the government is in accordance
with a special contract to undertake a specific
1. Entrance based on merit and fitness to be work or job, requiring special or technical skills
determined by competitive examinations not available in the employing agency, to be
or highly technical qualifications; accomplished within a specific period, which in
2. Opportunity for advancement to higher no case shall exceed one year, and performs or
career positions; accomplishes the specific work or job, under his
3. Security of tenure [Administrative Code, own responsibility with a minimum of direction
and supervision from the hiring agency; and
Book V, Sec. 7]. (5) Emergency and seasonal personnel.
Three Major Levels in the Career

Service The Non-Career service is characterized by:
1. First level - Includes clerical, trades, 1. Entrances on bases other than those of the
crafts, and custodial service positions usual tests of merit and fitness; and
which involve non-professional or 2. Tenure which is limited to:
subprofessional work in a non- a. A period specified by law; or
supervisory or supervisory capacity b. Coterminous with the appointing
requiring less than four years of collegiate authority; or
studies; c. Subject to the pleasure of the
2. Second level - Include professional, appointing authority; or
technical and scientific positions which d. Limited to the duration of a particular
involve professional, technical or project.
scientific work in a non-supervisory or
supervisory capacity requiring at least Includes:
four years of college work up to Division a. Elective officials and their personal or
Chief level; and confidential staff;
3. Third level - Covers positions in the b. Department heads who hold positions at
Career Executive Service [Administrative the pleasure of the President, including
Code, Book V, Sec. 8]. their staff;
c. Chairman and members of commissions
2. Non-Career Service and boards with fixed terms of office,
including their staff;
d. Contractual personnel;
Administrative Code of 1987, Book V, Section 9.
e. Emergency and seasonal personnel
Non-Career Service. – The Non-Career Service
shall be characterized by [Admin. Code, Book V, Sec. 9].
(1) Entrance on bases other than those of the usual
tests of merit and fitness utilized for the career C. Personnel Actions
service; and
(2) Tenure which is limited to a period specified by
law, or which is coterminous with that of the Concept
appointing authority or subject to his pleasure, Any action denoting the movement or progress
or which is limited to the duration of a particular of personnel in the civil service shall be known
project for which purpose employment was as personnel in the civil service shall be known
made.
as personnel action.
The Non-Career Service shall include:
Page 204 of 384

Such action shall include appointment through Subtitle A, Title I, Book V, Administrative
certification, promotion, transfer, Code].
reinstatement, re-employment, detail,
reassignment, demotion and separation. Within the same level, no civil service
examination shall be required for promotion to
All personnel actions shall be in accordance a higher position in one or more related
with such rules, standards, and regulations as occupational groups. A candidate for
may be promulgated by the Commission [Sec. promotion should, however, have previously
26, Par. 2, Chapter 5, Subtitle A, Title I, Book passed the examination for that level [Sec.
V, Administrative Code]. 8(3), Chapter 2, Subtitle A, Title I, Book V,
Administrative Code].
1. Original Appointment or
Appointment through Certification The pendency of an administrative case
against any employee shall not be a bar to
Original promotion.
The initial entry into the career or non-career
service. Next-in-Rank Rule
Appointment through Certification Administrative Code of 1987, Book V, Title I,

An appointment through certification to a Subtitle A, Chapter 5, Section 21(6). … For
position in the civil service, except as herein purposes of this Section, “qualified next-in-rank”
refers to an employee appointed on a permanent
otherwise provided, shall be issued to a person
basis to a position previously determined to be next-
who has been selected from a list of qualified in-rank and who meets the requirements for
persons certified by the Commission from an appointment thereto as previously determined by
appropriate register of an eligible, and who the appointing authority and approved by the
meets all the other requirements of the Commission.
position.
In promotions, the appointing authority must
Six-month Probationary Period automatically consider the employees next in
Original appointees in the career service with rank as candidates for appointment. However,
permanent status of appointment, shall the next-in-rank rule is a rule of preference on
undergo probationary period for a thorough who to consider for the promotion. The rule
assessment of his/her performance and does not give employees next in rank a vested
character. right to the position next higher to theirs should
that position become vacant [Abad v. Dela
A probationer may be dropped from the service Cruz, G.R. No. 207422 (2015)].
for unsatisfactory conduct or want of capacity
any time before the expiration of the 3. Transfer
probationary period: Provided, that such action
is appealable to the Commission [Sec. 26(1), A transfer is a movement from one position
Chapter 5, Subtitle A, Title I, Book V, to another which is of equivalent rank, level,
Administrative Code]. or salary without break in service involving the
issuance of an appointment. It shall not be
2. Promotion considered disciplinary when made in the
interest of public service, in which case, the
A promotion is a movement from one employee concerned shall be informed of the
position to another with an increase in reasons therefor. If the employee believes that
duties and responsibilities as authorized by there is no justification for the transfer, he may
law and usually accompanied by an increase in appeal his case to the Commission.
pay. The movement may be from one
department or agency to another or from one The transfer may be from one department or
organizational unit to another in the same agency to another or from one organizational
department or agency [Sec. 26(2), Chapter 5, unit to another in the same department or
Page 205 of 384
agency: Provided, however, that any 5. Reemployment
movement from the non-career service to the
career service shall not be considered a Names of persons who have been appointed
transfer [Sec. 26(3), Chapter 5, Subtitle A, Title permanently to positions in the career service
I, Book V, Administrative Code]. and who have been separated as a result of
reduction in force or reorganization, shall be
4. Reinstatement entered in a list from which selection for
reemployment shall be made [Sec. 26(5),
Any person who has been permanently Chapter 5, Subtitle A, Title I, Book V,
appointed to a position in the career service Administrative Code].
and who has, through no delinquency or
misconduct, been separated therefrom, may 6. Detail
be reinstated to a position in the same level for
which he is qualified [Sec. 26(4), Chapter 5, A detail is the movement of an employee of one
Subtitle A, Title I, Book V, Administrative agency to another without the issuance of an
Code]. appointment and shall be allowed, only for a
limited period in the case of employees
Note: Pardon does not ipso facto restore a occupying professional, technical and scientific
convicted felon to public office. A new positions.
appointment must be given.
If the employee believes that there is no
However, when a person is acquitted because justification for the detail, he may appeal his
he did not truly commit the offense, he is case to the Commission. Pending appeal, the
relieved from all punitive consequences of the decision to detail the employee shall be
criminal act. He needs no longer apply for executory unless otherwise ordered by the
reinstatement; he is restored to his office ipso Commission [Sec. 26(6), Chapter 5, Subtitle A,
facto upon the issuance of the clemency, and Title I, Book V, Administrative Code].
he is entitled to back wages [Garcia v.
Commission on Audit, G.R. No. 75025 (1993)]. No detail or reassignment whatever shall be
made within three (3) months before any
Reinstatement to Comparable election [Sec. 58, Chapter 8, Subtitle A, Title I,
Position Book V, Administrative Code].
The restoration of a person, as a result of a
decision, to a career position from which 7. Reassignment
he/she has been separated but subject position
is already abolished, requiring the issuance of An employee may be reassigned from one
an appointment to a comparable position to the organizational unit to another in the same
separated employee [Sec. 11(f), par. 1, Rule agency: Provided, that such reassignment
IV, 2017 Omnibus Rules on Appointments and shall not involve a reduction in rank, status or
Other Human Resource Actions]. salary [Sec. 26(7), Chapter 5, Subtitle A, Title
I, Book V, Administrative Code].
No employee of the civil service shall be
removed from office except for cause provided Reassignments differ from transfers, and
by law. An employee illegally dismissed from public employees with appointments that are
office is entitled to reinstatement. Any other not station-specific may be reassigned to
employment he or she obtains while the case another station in the exigency of public
challenging his or her dismissal is pending service. In such instances, the reassignment
does not bar his or her right to be reinstated. may be indefinite and exceed one (1) year
[Campol v Balo-as, G.R. 197634 (2016)] [Yangson v. Department of Education, G.R.
No. 200170 (2019)].
Page 206 of 384

Reassignment should not amount to In cases where the demotion is voluntary or at
constructive dismissal. the instance of the employee, he/she shall be
allowed to receive the same step of the salary
A reassignment may be deemed a constructive grade of the position where he/she voluntarily
dismissal if the employee is moved to a position sought to be appointed. A written consent shall
with a more servile or menial job as compared be secured from the demoted employee [Sec.
to his previous position. It may occur if the 11(g), Rule IV, 2017 Omnibus Rules on
employee was reassigned to an office not in the Appointments and other Human Resource
existing organizational structure, or if he or she Actions].
is not given a definite set of duties and
responsibilities. It may be deemed constructive Demotion and constructive dismissal are never
dismissal if the motivation for the reassignment presumed and must be sufficiently proven
was to harass or oppress the employee on the [Yangson v. Department of Education, supra].
pretext of promoting public interest. This may
be inferred from reassignments done twice 10. Reappointment
within a year, or during a change of
administration of elective and appointive The issuance of an appointment as a result of
officials. However, demotion and constructive reorganization, devolution, salary
dismissal are never presumed and must be standardization, re-nationalization,
sufficiently proven [Yangson v. Department of recategorization, rationalization or similar
Education, supra]. events.
8. Secondment 11. Reclassification

A secondment is a movement of an employee A form of staffing modification and/or position
from one department or agency to another classification action which is applied only when
which is temporary in nature. It may or may not there is a substantial change in the regular
require the issuance of an appointment and duties and responsibilities of the position.
may involve an increase in compensation and
benefits. Acceptance of a secondment is This may result in a change in any or all of the
voluntary on the part of the employee. position attributes: position title, level and/or
salary grade. It generally involves a change in
Payment of salaries of a seconded employee the position title and may be accompanied by
shall be borne by the receiving agency, and the an upward or downward change in salary.
seconded employee shall be on leave without
pay in his mother agency for the duration of his
secondment [Señeres v. Sabido IX, G.R. No.
XIII. ACCOUNTABILITY OF
172902 (2015).] PUBLIC OFFICERS
9. Demotion A. Types of Accountability
The movement of an employee from a higher
1. Administrative
position to a lower position where he/she
qualifies, if a lower position is available/
The purpose of administrative proceedings is
Demotion entails reduction in duties,
mainly to protect the public service, based on
responsibilities, status or rank, which may or
the time-honored principle that a public office is
may not involve a reduction in salary.
a public trust [Ferrer, Jr. v. Sandiganbayan,
G.R. No. 161067 (2008)].
In cases where the demotion is due to
reorganization or rationalization, the employee
The main thrust of the Administrative Code is
shall be allowed to continue to receive the
to exact accountability from public officials in
salary of the higher position,
the performance of official duties. For this
reason, the Administrative Code requires a
Page 207 of 384
clear showing of bad faith, malice, or gross duties or in connection therewith when
negligence on the part of the public officer in such fee, gift, or other valuable thing is
the performance of official duties before given by any person in the hope or
recovery of losses to the government may be expectation of receiving a favor or better
sought [Madera v. Commission on Audit, G.R. treatment than that accorded other
No. 244128 (2020)]. persons, or committing acts punishable
under the anti-graft laws;
Quantum of Evidence Required 10. Conviction of a crime involving moral
In administrative proceedings, only substantial turpitude;
evidence is required [Acuzar v. Jorolan, G.R. 11. Improper or unauthorized solicitation of
No. 177878 (2010)]. contribution from subordinate employees
and by teachers of school officials from
Substantial evidence refers to such relevant school children;
evidence as a reasonable mind might accept 12. Violation of existing Civil Service Law and
as adequate to support a conclusion [Paredes rules or reasonable office regulations;
v. CA, G.R. No. 169534 (2007)]. 13. Falsification of official documents;
14. Frequent unauthorized absences or
2. Criminal tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty
The purpose of criminal prosecution (as during regular office hours;
opposed to administrative proceedings) is the 15. Habitual drunkenness;
punishment of crime [Ferrer v. Sandiganbayan, 16. Gambling prohibited by law;
supra]. 17. Refusal to perform official duty or render
overtime service;
Quantum of Evidence Required 18. Disgraceful, immoral or dishonest conduct
prior to entering the service;
In criminal cases, proof beyond reasonable
doubt is needed [Acuzar v. Jorolan, supra]. 19. Physical or mental incapacity or disability
due to immoral or vicious habits;
Proof beyond reasonable doubt does not mean 20. Borrowing money by superior officers from
subordinates or lending by subordinates to
such a degree of proof as, excluding possibility
superior officers;
of error, produces absolute certainty. Moral
certainty only is required, or that degree of 21. Lending money at usurious rates of
interest;
proof which produces conviction in an
unprejudiced mind [Paredes v. CA, supra]. 22. Willful failure to pay just debts or willful
failure to pay taxes due the government;
23. Contracting loans of money or other
B. Discipline property from persons with whom the office
of the employee concerned has business
1. Grounds relations;
24. Pursuit of private business, vocation or
Grounds for Disciplinary Action under profession without the permission required
the Civil Service Law (P.D. No. 807) by the Civil Service rules and regulations;
1. Dishonesty; 25. Insubordination;
2. Oppression; 26. Engaging, directly or indirectly, in partisan
3. Neglect of duty; political activities by one holding
4. Misconduct; nonpolitical office;
5. Disgraceful and immoral conduct; 27. Conduct prejudicial to the best interest of
6. Being notoriously undesirable; the service;
7. Discourtesy in the course of official duties; 28. Lobbying for personal interest or gain in
8. Inefficiency and incompetence in the legislative halls and offices without
performance of official duties; authority;
9. Receiving for personal use a fee, gift or 29. Promoting the sale of tickets in behalf of
other valuable thing in the course of official private enterprises that are not intended for
Page 208 of 384

charitable or public welfare purposes and 3. Members of the Judiciary
even in the latter cases if there is no prior a. They shall hold office during good
authority; behavior until they reach the age of
30. Nepotism. seventy (70) years or become
incapacitated to discharge the duties of
Grounds for Disciplinary Action under their office [Sec. 11, Art. VIII, 1987
the Local Government Code Constitution];
1. Disloyalty to the Republic of the b. With reference to members of the
Philippines; Supreme Court, it implies that they
2. Culpable violation of the Constitution; have no committed any of the offenses
3. Dishonesty, oppression, misconduct in which are grounds for impeachment;
office and neglect of duty; c. As regards judges of lower courts, the
4. Commission of any offense involving moral determination by the Supreme Court is
turpitude or an offense punishable by at conclusive since it alone has the power
least prision mayor; to order their dismissal [Sec. 11, Art.
5. Abuse of authority; VIII, 1987 Const.].
6. Unauthorized absence for fifteen (15)
consecutive working days except in the 4. Civil Service Officers or Employees
case of members of the sangguniang Can only be removed or suspended for cause
panlalawigan, sangguniang panglunsod, provided by law [Sec. 2(3), Art. IX-B, 1987
sangguniang bayan, and sangguniang Const.].
barangay;
7. Application for, or acquisition of, foreign Negligence
citizenship or residence or the status of an In the case of public officials, there is
immigrant of another country; negligence when there is a breach of duty or
8. Such other grounds as may be provided by failure to perform the obligation, and there is
law an elective local official may be gross negligence when a breach of duty is
removed from office on the grounds flagrant and palpable [Presidential Anti-Graft
enumerated above by order of the proper Commission and the Office of the President v.
court. Pleyto, G.R. No. 176058 (2011)].
Grounds for Removal or Suspension Dishonesty

under the Constitution Dishonesty begins when an individual
1. Members of Congress intentionally makes a false statement in any
material fact or practicing or attempting to
Each House may punish its members for
disorderly behavior; practice any deception or fraud in order to
secure his examination, registration,
a. With the concurrence of ⅔ of all its
members, the House may suspend or appointment or promotion [Office of the
Ombudsman v. Racho, G.R. No. 185685
expel a member;
b. A penalty of suspension shall not (2011)].
exceed 60 days [Sec. 16(3), Art. VI,
1987 Const.]. Dishonesty requires malicious intent to conceal
the truth or to make false statements;
2. Impeachable Officers otherwise, the government employee may only
be held liable for negligence, not for
a. Culpable violation of the Constitution;
b. Treason; dishonesty. Only when the accumulated wealth
becomes manifestly disproportionate to the
c. Bribery;
income of the public officer/employee and
d. Graft and Corruption;
e. Other high crimes; income from other sources, and the public
officer/employee fails to properly account or
f. Betrayal of public trust [Sec. 2, Art. IX,
1987 Const.]. explain these sources of income and
acquisitions, does he or she become
susceptible to dishonesty [Gupilan-Aguilar v.
Page 209 of 384
Office of the Ombudsman, G.R. No. 197307 inattentive and thoughtless men never fail to
(2014)]. take on their own property [Land Bank of the
Philippines v. San Juan Jr., G.R. 186279
Misconduct in Office (2013)].
Refers to “"any unlawful behavior by a public
officer in relation to the duties of his office, 2. Jurisdiction
willful in character. The term embraces acts
which the office holder had no right to perform, a. The Secretaries and heads of agencies
acts performed improperly, and failure to act in and instrumentalities, provinces, cities and
the face of an affirmative duty to act" [Gabon v. municipalities shall have jurisdiction to
Merka, A.M. No. P-11-3000 (2011)]. investigate and decide matters involving
disciplinary action against officers and
To constitute an administrative offense, employees under their jurisdiction [Sec. 47,
misconduct should relate to or be connected Administrative Code].
with the performance of the official functions
and duties of a public officer. To determine b. Under the same section, the decision is
whether a public officer committed misconduct, final in case the penalty imposed is
it is necessary to separate the character of the suspension of not more than 30 days, or
man from the character of the officer fine in an amount not exceeding 30-days
[Villanueva v. CA, G.R. No. 167726 (2006)]. salary.
Grave Misconduct NOTE, however, that decisions of

Consists in a government official’s deliberate administrative agencies which are declared
violation of a rule of law or standard of final and unappealable by law are still
behavior. It is regarded as grave when the subject to judicial review if they fail the
elements of corruption, clear intent to violate test of arbitrariness, or upon proof of gross
the law, or flagrant disregard of established abuse of discretion, fraud or error of law
rules are present [NPC v. CSC, G.R. No. [Maglalang v. PAGCOR, G.R. No. 190566
152093 (2012)]. (2013)].
In grave misconduct, as distinguished from c. In other cases, the decision shall be initially
simple misconduct, the elements of corruption, appealed to the department head and
clear intent to violate the law, or flagrant finally to the Civil Service Commission and
disregard of established rule must be manifest. pending appeal, it shall be executory
Corruption as an element of grave misconduct EXCEPT when the penalty is removal, in
consists in the act of an official or employee which case it shall be executory only after
who unlawfully or wrongfully uses his station or confirmation by the department head.
character to procure some benefit for himself
or for another, contrary to the rights of others d. The Civil Service Commission has
[Gabon v. Merka, supra]. appellate jurisdiction. Cases may be filed
directly with the CSC; it may decide on the
Gross vs. Simple Neglect of Duty case or deputize a department or agency.
Simple neglect of duty is defined as the failure
of an employee to give proper attention to a It cannot be overemphasized that the identity
required task or to discharge a duty due to of the complainant is immaterial to the
carelessness or indifference. acquisition of jurisdiction over an administrative
case by the CSC. The law is quite clear that the
On the other hand, gross neglect of duty is CSC may hear and decide administrative
characterized by want of even the slightest disciplinary cases brought directly before it or it
care, or by conscious indifference to the may deputize any department or agency to
consequences, and in cases involving public conduct an investigation [CSC v. CA, G.R.
officials, by flagrant and palpable breach of Nos. 176162 (2012)].
duty. It is the omission of that care that even
Page 210 of 384
The CSC still retains jurisdiction over the Mandatory preventive suspension under the
school and its employees and has concurrent Anti-Graft and Corrupt Practices Act
original jurisdiction, together with the board of
regents of a state university, over Under Section 13 of the Anti-Graft and Corrupt
administrative cases against state university Practices Act, the suspension of a public officer
officials and employees [Id.]. is mandatory after a determination has been
made of the validity of the information in a pre-
3. Dismissal, Preventive Suspension, suspension hearing conducted for that purpose
Reinstatement and Back Salaries [Segovia v. Sandiganbayan, G.R. No. 124067
(1998)].
Dismissal
Kinds of Preventive Suspension
Republic Act No. 6713 penalizes violations of 1. Preventive suspension pending
its Section 7 with imprisonment and/or a fine, investigation; and
as well as disqualification to hold public office: 2. Preventive suspension pending appeal if
the penalty imposed by the disciplining
Section 11. Penalties. (b) Any violation hereof authority is suspension or dismissal and,
proven in a proper administrative proceeding after review, the respondent is exonerated.
shall be sufficient cause for removal or
dismissal of a public official or employee, Preventive Suspension Pending
even if no criminal prosecution is instituted Investigation
against him. Not considered a penalty, but only a means of
enabling the disciplining authority to conduct
The same explicitly states that dismissal from an unhampered investigation.
the service may be warranted through an
administrative proceeding, even if the erring Cannot be indefinite. Indefinite suspension
officer is not subjected to criminal prosecution. violates due process and equal protection
[Ombudsman vs. Regalado, G.R. Nos. clauses, as well as the right of public officers
208481-82 (2018)] and employees to security of tenure [Baculi v.
Office of the President, G.R. No. 188681
Preventive Suspension (2017)].
Merely a preventive measure, a preliminary
step in an administrative investigation. The Preventive Suspension Pending
purpose of the suspension order is to prevent Investigation of the Subordinate
the accused from using his position and the Officer or Employee Under the
powers and prerogatives of his office to
influence potential witnesses or tamper with
Authority of Proper Disciplining
records which may be vital in the prosecution Authority
of the case against him. Applicable where the charge involves
dishonesty, oppression or grave misconduct,
If after such investigation, the charge is or neglect in the performance of duty, or if there
established and the person investigated is are reasons to believe that the respondent is
found guilty of acts warranting his suspension guilty of charges which would warrant his
or removal, then, as a penalty, he is removal from the service [Sec. 51, Book V,
suspended, removed or dismissed [Villaseñor Administrative Code].
v. Sandiganbayan, G.R. No. 180700 (2008)].
The period to decide is 90 days after the date
Prior notice and hearing not required in the of suspension of the respondent who is not
issuance of a preventive suspension order a presidential appointee.
Settled is the rule that prior notice and hearing
are not required in the issuance of a preventive If there is no decision, the respondent shall be
suspension order [Carabeo v. CA, G.R. Nos. automatically reinstated in the service.
178000 & 178003 (2009)]. Provided, that when the delay in the disposition
Page 211 of 384
of the case is due to the fault, negligence or appeal is punitive in nature although it is in
petition of the respondent, the period of delay effect subsequently considered illegal if the
shall not be counted in computing the period of respondent is exonerated and the
suspension herein provided [Sec. 52, Book V, administrative decision finding him guilty is
Administrative Code]. reversed [Gloria v. CA, G.R. No. 131012
(1999)].
Preventive Suspension Pending
Investigation of an Employee by the Preventive Suspension Pending
Ombudsman Investigation vs. Preventive
Not more than 6 months, without pay, except Suspension Pending Appeal
when the delay in the disposition of the case by In Gloria v. CA [supra], the Court distinguished
the Office of the Ombudsman is due to the preventive suspension from suspension
fault, negligence or petition of the respondent, pending appeal for the purpose of determining
in which case the period of such delay shall not whether an employee is entitled to back
be counted in computing the period of salaries.
suspension herein provided [Sec. 24, R.A. No.
6770]. There is no right to compensation for
preventive suspension pending investigation,
Preventive Suspension Pending even if the employee is eventually exonerated.
Investigation of a Local Elective
Official By: On the other hand, if the respondent is
(1) The President in the case of provincial eventually exonerated while being preventively
suspended pending appeal, he should be
officials, and officials of highly urbanized
cities and independent component cities; reinstated with full pay for the period of the
suspension.
(2) The governor for officials of component
cities and municipalities;
(3) The mayor for barangay officials. Right to Reinstatement and Back
Salaries
Preventive suspension may be imposed at any Any employee illegally dismissed from office is
time after the issues are joined, when the entitled to reinstatement. Any other
evidence of guilt is strong, and given the gravity employment he or she obtains while the case
of the offense, there is great probability that the challenging his or her dismissal is pending
continuance in office of the respondent could does not bar his or her right to be reinstated.
influence the witnesses or pose a threat to the Similarly, he or she is entitled to the payment
safety and integrity of the records and other of his or her backwages from the time of his or
evidence. her dismissal until his or her actual
reinstatement [Campol v. Balao-as, G.R. No.
General Rule: Any single preventive 197634 (2016)].
suspension of local elective officials shall not
extend beyond sixty (60) days. Conditions to Be Entitled to
Backwages
Exception: If there are several administrative 1. The employee must be found innocent of
cases against an elective official, he cannot be the charges against him;
preventively suspended for more than 90 days 2. The suspension must be unjustified [CSC
within a single year on the same ground or v. Cruz, G.R. No. 187858 (2011)].
grounds existing and known at the time of the
first suspension [Sec. 63, LGC]. Entitlement to Back Salaries
General Rule: Any employee illegally
Preventive Suspension Pending dismissed from office is entitled to
Appeal reinstatement. Similarly, he or she is entitled to
As opposed to preventive suspension pending the payment of backwages from the time of
investigation, preventive suspension pending
Page 212 of 384

dismissal until actual reinstatement [Campol v. c. Where suspended employee is later
Balao-as, supra]. found innocent
Backpay may be allowed for the period when
Back wages should include other monetary an employee is not allowed to work without his
benefits attached to the employee's salary fault as when he was preventively suspended
following the principle that an illegally for alleged dishonesty and gross negligence
dismissed government employee who is later but later found innocent of the charges causing
reinstated is entitled to all the rights and his suspension.
privileges that accrue to him/her by virtue of the
office he/she held [NPC Drivers and Mechanics To deny an innocent employee his back wages
Association v. National Power Corp., G.R. No. during his suspension would be tantamount to
156208 (2017)]. punishing him after his exoneration from his
charges which caused his dismissal from
Exception: The award of full back wages in service.
favor of an illegally dismissed civil service A party’s claim for back wages may be the
employee who was subsequently employed in appropriate subject of an ordinary civil action,
another government agency certainly violates NOT mandamus.
the constitutional prohibitions against double
office-holding and double compensation in the However, the mere reduction of the penalty on
civil service [NPC Drivers and Mechanics appeal does not entitle a government
Association v. National Power Corp., supra]. employee to back salaries if he was not
exonerated of the charges [Office of the
Specific Situations Ombudsman v. Espina, G.R. No. 213500
a. When removal or suspension lawful (2018)].
One who has been lawfully separated or
suspended from his office is not entitled to d. Where employee not completely
compensation for the period during which he exonerated or reinstatement not the
was so suspended or separated, even if it be result of exoneration
subsequently determined that the cause for If the employee is not completely exonerated of
which he was suspended was insufficient. the charges (e.g., when the penalty of
dismissal is reduced to mere suspension or to
Denial of salary to an employee during the a fine), the employee would not be entitled to
period of his suspension if he should be later the payment of back salaries.
found guilty is proper because he had given
ground for his suspension. If the exoneration of the employee is relative
(as distinguished from complete exoneration),
b. Where removal or suspension unlawful an inquiry into the factual premise of the
Where an officer entitled to fixed annual salary offense charged and of the offense committed
was unlawfully removed or suspended and was must be made. If the administrative offense
prevented for a time by no fault of his own from found to have been actually committed is of
performing the duties of the office, it was held lesser gravity than the offense charged, the
that he might recover, and that the amount that employee cannot be considered exonerated if
he had earned in other employment during his the factual premise for the imposition of the
unlawful removal should not be deducted from lesser penalty remains the same. The
his unpaid salary. employee found guilty of a lesser offense may
only be entitled to back salaries when the
What is material is not the nature of the offense actually committed does not carry the
appointment but the act of wrongful deprivation penalty of more than one-month suspension or
of office. If the illegal dismissal is found to have dismissal [Civil Service Commission v. Cruz,
been made in bad faith by the superior officers, G.R. No. 187858 (2011)].
then they will be held PERSONALLY
accountable for the back salaries of the illegally
dismissed employee.
Page 213 of 384
e. Where another appointed to position of usual procedure required for new appointment
illegally dismissed or suspended [De Leon].
employee
When a regular employee was illegally What Constitutes Removal
suspended or dismissed, legally speaking, his Removal from office may be express or
position never became vacant and he is implied.
considered as not having left his office.
1. Appointment of another officer
f. Duty of plaintiff seeking reinstatement Generally, where an officer may be removed by
to prove his right to the office a superior officer at the latter’s pleasure, the act
He must establish that when dispossessed, he of removal is accomplished merely by the
was entitled to the office. In a quo warranto appointment of another officer in his place, so
proceeding, the person suing must show that far as the officer himself is concerned, but in
he has a clear right to the office allegedly held order to render the removal effective in all
unlawfully by another. Absent such right, the cases, the incumbent must be notified.
lack of qualification or eligibility of the
supposed usurper is immaterial. 2. Transfer to another office
Transfer of an officer or employee to another
g. Right to reinstatement to former or at office without his consent (regardless of
least comparable position whether it results in promotion or demotion,
When a government official or employee has advancement or reduction in salary) is
been illegally dismissed, and his reinstatement equivalent to his illegal removal or separation
has later been ordered, for all legal purposes from the first office.
he is considered as not having left his office, so
that he is entitled to all the rights and privileges A temporary transfer or assignment of
to accrue to him by virtue of the office he held. personnel is, however, permissible even
without the employee’s prior consent.
h. Duty to act with reasonable diligence in a. However, it cannot be done when the
asserting right to reinstatement transfer is a preliminary step toward his
It is not proper that the title to public office removal, or is a scheme to lure him
should be subjected to continued uncertainty, away from his permanent position, or
and the people’s interest requires that such designed to indirectly terminate his
right should be determined as speedily as service, or force his resignation.
practicable. The laws aid the vigilant and not b. An employee cannot be transferred
those who slumber on their rights. unless for causes provided for by law
and after due process.
A petition for quo warranto and mandamus
affecting titles to public office must be filed Appointments may be allowed to positions
within 1 year from the date the petitioner is without specification of any particular office or
ousted from position. The claim for back station.
salaries and damages is also subject to the
prescriptive period of 1 year. 3. Demotion
Demotion is considered equivalent to removal
i. Where pardon extended to convicted if no cause is shown for it. It requires the
employee issuance of an appointment.
A pardon, unless expressly grounded on the
person’s innocence or unless the right to a 4. Reassignment
public office is expressly restored by it, does A reassignment may be deemed a constructive
NOT ipso facto restore a convicted felon to dismissal if the employee is moved to a position
public office. it merely restores his eligibility for with a more servile or menial job as compared
appointment to that office, and to regain his to his previous position. It may occur if the
former post, he must re-apply and undergo the employee was reassigned to an office not in the
existing organizational structure, or if he or she
Page 214 of 384

is not given a definite set of duties and courts - Not subject to the President’s
responsibilities. It may be deemed constructive power of removal [Sec. 2, Art. XI & Sec. 11,
dismissal if the motivation for the reassignment Art. VIII, 1987 Const.].
was to harass or oppress the employee on the 3. Civil service officers - Only for cause
pretext of promoting public interest. This may [Sec. 2(3), Art. IX-B, 1987 Const.].
be inferred from reassignments done twice 4. Temporary, provisional or acting
within a year, or during a change of appointments - Remove at pleasure, with
administration of elective and appointive or without cause.
officials. However, demotion and constructive 5. Offices created by law, “at pleasure of
dismissal are never presumed and must be the President” - Not a removal but
sufficiently proven [Yangson v. Department of expiration of term. But where it is
Education, supra]. authorized that removal be at pleasure,
removal may only be for cause.
5. Constructive removal or dismissal
Constructive dismissal occurs whether or not 4. Condonation Doctrine
there is diminution in rank, status, or salary
when the employee’s environment has Concept
rendered it impossible for him or her to stay in Under the condonation doctrine, the rule is that
his or her work. a public official cannot be removed for
administrative misconduct committed
It may be due to the agency head's during a prior term, since his re-election to
unreasonable, humiliating, or demeaning office operates as a condonation of the officer’s
actuations, hardship because geographic previous misconduct to the extent of cutting off
location, financial dislocation, or performance the right to remove him therefor [Aguinaldo v.
of other duties and responsibilities inconsistent Santos, G.R. No. 94115 (1992)].
with those attached to the position [Yangson v.
Department of Education, supra]. Application
The condonation only applies to administrative
Power of Removal of the President offenses.
The power of removal vested with the ● It finds no application in criminal cases
President is implied from: [Aguinaldo v. Santos, supra].
1. The President’s power to appoint; ● It does not apply to appointive officials,
2. The power to appoint being executive in since there is no sovereign will of the
nature [Sec. 1, Art. VII, 1987 Consti.]; people involved in this case [CSC v. Sojor,
3. Duty to execute the laws [Secs. 1 & 5, Art. G.R. No. 168766 (2008)].
VII, 1987 Consti.]; ● It is applicable even if the reelection was to
4. Control of all departments, bureaus and another public office, or to an election
offices of government [Sec. 17, Art. VII, year not immediately subsequent, as
1987 Const.]. long as he was elected by the same body
politic or electorate [Ombudsman v.
A presidential appointee who belongs to the Vergara, G.R. No. 216871 (2017)].
career service of the Civil Service comes under
the direct disciplining authority of the President. Doctrine of Condonation Abandoned
The condonation doctrine was abandoned by
Extent of the President’s Power of the Court in Carpio-Morales v. CA [G.R. Nos.
Removal 217126-27 (2015)]. The Court held that the
1. Non-career officers exercising purely doctrine was adopted from one class of US
executive functions whose tenure not rulings way back in 1959 and thus, out of touch
fixed by law - Congress may not restrict from - and now rendered obsolete by - the
power, whether it is removal with or without current legal regime.
cause.
2. Constitutional officers removable by According to the Court, the concept of public
impeachment and judges of lower office is a public trust, and the corollary
Page 215 of 384
requirement of accountability to the people at Impeachment is the power of Congress to
all times, as mandated under the Constitution, remove a public official for serious crimes or
is plainly inconsistent with the idea that an misconduct as provided in the Constitution
elective local official’s administrative liability for [Corona v. Senate of the Philippines, G.R. No.
a misconduct committed during a prior term 200242 (2012)].
can be wiped off by election to a second term
of office, or even another elective post. b. Impeachable Officers
Moreover, condonation presupposes that the 1. President;

condoner (in this case, the electorate) has 2. Vice-President;
actual knowledge of what is to be condoned. 3. Members of the Supreme Court;
4. Members of the Constitutional
No such presumption can be made, especially Commissions;
since, as the Ombudsman correctly points out, 5. Ombudsman .
in reality, most corrupt acts by public officers c. Grounds for Impeachment
are shrouded in secrecy, and concealed from
the public. 1. Culpable violation of the Constitution;
2. Treason;
Abandonment of Condonation 3. Bribery;
Doctrine is Prospective in Application 4. Graft and corruption;
However, the Court, in the case of Herrera v. 5. Other high crimes; or
Mago [G.R. No. 231120, (2020)] clarified that 6. Betrayal of Public Trust.
the abandonment of the condonation doctrine
is prospective in application. d. Effects of Impeachment
● Administrative cases against elective
officials instituted prior to Carpio-Morales v. a. Removal from office of the official
CA are still covered by the condonation concerned;
doctrine. b. Disqualification to hold any office;
● The prospective application should be c. Officer is still liable to prosecution, trial,
reckoned from April 12, 2016, the date on and punishment if the impeachable
which the Court acted upon and decided offense committed also constitutes a
with finality the motion for felony or crime.
clarification/motion for partial
reconsideration in Carpio-Morales. e. Extent of Judgment in Impeachment
C. Impeachment vs. Quo Judgment in cases of impeachment shall not

extend further than removal from office and
Warranto disqualification to hold any office under the
Republic of the Philippines, but the party
1. Impeachment convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment,
a. Concept according to law [Sec. 3, Art. XI, 1987 Const.].
1987 Constitution, Article XI, Section 2. The f. Process of Impeachment

President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional At the House of Representatives
Commissions, and the Ombudsman may be
removed from office on impeachment for, and 1. A verified complaint is filed by:
conviction of, culpable violation of the Constitution, a. Any member of the House of
treason, bribery, graft and corruption, other high Representatives; or
crimes, or betrayal of public trust. All other public b. Any citizen upon a resolution of
officers and employees may be removed from office endorsement by a member of the
as provided by law, but not by impeachment
House of Representatives; or
Page 216 of 384

c. A verified complaint or resolution of 2. Each Senator takes an oath or affirmation
impeachment filed by at least one-third before assuming their office as Senator-
(⅓) of all the Members of the House. judges;
2. The Speaker shall include said complaint in 3. After the transmission and the organization
the Order of Business within 10 session of the Senate as an impeachment court, a
days from receipt; writ of summons shall be issued to the
3. The complaint shall then be referred to the impeached officer directing him to:
Committee on Justice within 3 session a. Appear before the Senate at a fixed
days thereafter; date and place; and
4. After due referral, the Committee on b. File an Answer to the Articles of
Justice shall determine whether the Impeachment within 10 days. The
complaint is sufficient in form: prosecutors may file a Reply to the
a. Committee finds complaint answer within 5 days.
insufficient in form: It shall return the 4. The Senate sitting as an impeachment
same to the Secretary General within 3 court shall be presided over by the Senate
session days with a written explanation President;
of the insufficiency;
i. The Secretary General shall return Exception: If the President is the
the complaint to the complainant(s) impeached official, it is the Chief Justice
together with the committee’s who shall preside.
written explanation within 3 session
days from receipt of the committee The presiding officer shall rule on all
resolution finding the complaint questions of evidence, unless a Senator-
insufficient in form; Judge moves that the question be voted
b. Committee finds complaint upon by all the senator-judges.
sufficient in form: It shall then 5. Upon the close of the trial, the Senator-
determine if the complaint is sufficient judges shall vote on each of the articles of
in substance. If deemed insufficient in impeachment separately;
substance, it shall dismiss the 6. In order to convict the impeached official,
complaint and submit its report to the at least ⅔ of all the members of the Senate
House. must concur in one article of impeachment.
5. The Committee, after hearing, and by a
majority vote of all its Members, shall g. One-Year Limit Rule
submit its report to the House within 60
session days from such referral, together Under the Constitution, no impeachment
with the corresponding resolution; proceedings shall be initiated against the same
6. The resolution shall be calendared for official more than once within a period of one
consideration by the House within 10 days year [Sec. 3, par. 5, Art. XI, 1987 Const.].
from receipt;
7. A 1/3 vote is necessary to affirm a When is an impeachment proceeding initiated?
favorable resolution or override a contrary It is initiated or begins when a verified
resolution of the committee; complaint is filed and referred to the Committee
a. But where ⅓ of the House members on Justice for action. In other words, “to initiate”
themselves filed the complaint, no refers to the filing of the impeachment
need to comply with the preceding complaint coupled with Congress’ taking
steps. It shall constitute the Articles of initial action of said complaint [Francisco, Jr.
Impeachment. v. HOR, G.R. No. 160261 (2003)].
At the Senate
1. The Articles of Impeachment is transmitted
to the Senate and trial shall proceed
forthwith;
Page 217 of 384

2. Quo Warranto This follows from the nature of the writ of
quo warranto itself. It is never directed to an
a. Concept officer as such, but always against the
person - to determine whether he is
Quo warranto is a direct proceeding to question constitutionally and legally authorized to
the title of a public officer, or to oust the holder perform any act in, or exercise any function
from its enjoyment, unless a special statutory of the office to which he lays claim
remedy has been substituted in its place. [Mendoza v. Allas, G.R. No. 131977
(1999)].
b. Who May File?
3. Impeachment vs. Quo Warranto
1. The person who claims to be entitled to the In Re: Letter of Mrs. Corona, citing Republic v.
office [Section 5, Rule 66, Rules of Court]; Sereno, the Court differentiated impeachment
● In order for a quo warranto petition to and quo warranto in the following manner:
be successful, the private person suing 1. Impeachment is political; quo warranto is
must show a clear right to the judicial.
contested office [Topacio v. Ong, 2. In impeachment, the Congress is the
G.R. No. 179895 (2008)]. prosecutor, the trier, and the judge,
2. The Republic of the Philippines, whereas quo warranto petitioners are
represented by the Solicitor General or a instituted either by the Solicitor General in
public prosecutor [Sec. 3, Rule 66, ROC]. behalf of the Republic of the Philippines or
c. Prescriptive Period by an individual claiming the public office in
issue, both of which petitions are
General rule: A quo warranto proceeding must cognizable only by the Supreme Court.
be commenced within 1 year after the cause of 3. Impeachment proceedings seek to confirm
such ouster, or after the right of the petitioner and vindicate the breach of the trust
to hold such office or position arose [Sec. 11, reposed by the Filipino people upon the
Rule 66, Rules of Court]. impeachable official, but quo warranto
determines the legal right, title, eligibility or
Exception: When the government is the real qualifications of the incumbent to the
party in interest, and is proceeding mainly to contested public office.
assert its rights, there can be no defense on the 4. The 1987 Constitution, as supplemented
ground of laches or prescription. Thus, by the internal rules of procedure of
prescription does not lie against the State Congress, directs the course of
[Republic v. Sereno, G.R. No. 237428 (2018)]. impeachment proceedings. Quo warranto
cases, on the other hand, are dictated by
d. Effects When Petition is Granted the Rules of Court.
5. The end result of an impeachment
● As against the respondent, the judgment proceeding is the removal of the public
shall have the following effects: officer, and his or her perpetual political
1. The respondent shall be ousted and disqualification from holding public office.
excluded from the office;
2. The petitioner or relator, as the case On the other hand, when a quo warranto
may be, shall recover his costs; and petition is granted, ouster from office is
3. Such further judgment determining the likewise metered, but the Court can
respective rights in and to the public likewise impose upon the public officer
office, position, or franchise of all the additional penalties such as
parties to the action as justice requires. reimbursement of costs pertaining to the
● As against the successor rightful holder of the public office and such
1. A judgment in quo warranto does not further judgment determining the
bind the respondent’s successor in respective rights in and to the public office,
office, even though such successor position, or franchise of all the parties to the
may trace his title to the same source. action as justice requires.
Page 218 of 384

Impeachment Quo warranto
Impeachment, as a remedy, seeks to

remove impeachable officials for acts
Quo warranto is a remedy to oust an
or omissions committed during the
ineligible public official due to acts or
incumbency of a validly
omissions committed prior to or at the time of
appointed/elected official, even if it
Definition appointment or election relating to an
relates to the qualification being a
official’s qualifications to hold office, provided
continuing requirement and the act or
that the requisites for the commencement
omission constitutes an impeachable
thereof are present.
offense, or disciplinary, administrative
or criminal action, if otherwise.
Political process to vindicate the Judicial determination of the eligibility or

violation of the public’s trust. validity of the election or appointment of a
public official based on predetermined rules.
Nature Impeachment presupposes a valid
appointment and exacts accountability Quo warranto tests the qualification of an
for an act done by an official during official based on a cause existing at the time
his/her tenure. of the issuance of the appointment.
Commission of an impeachable offense

Cause of Usurpation or unlawful holding of the
which would render an officer unfit in
Action public office.
exercising the powers of his office.
Removal from office of the official concerned;

Disqualification to hold any office;
Ouster from office due to the public
Effects Officer still liable to prosecution, trialand
officer’s ineligibility to hold said office.
punishment if the impeachable offense
committed also constitutes a felony or crime.
D. The Ombudsman and the Appointment

The Ombudsman and his Deputies shall be
Office of the Special Prosecutor appointed by the President from a list of at least
[Sections 5 to 14, Article XI of the six nominees, prepared by the Judicial and Bar
1987 Constitution in relation to Council, and from a list of three nominees for
every vacancy thereafter. Such appointments
RA No. 6770, otherwise known shall require no confirmation. All vacancies
as “The Ombudsman Act of shall be filled within three months after they
1989”] occur [Sec. 9, Art. XI, 1987 Const.].
The Ombudsman The Ombudsman and his Deputies, including

the Special Prosecutor, shall be appointed by
the President from a list of at least twenty-one
1987 Constitution, Article XI, Section 5. There is (21) nominees prepared by the Judicial and
hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be
Bar Council, and from a list of three (3)
known as Tanodbayan, one overall Deputy and at nominees for each vacancy thereafter, which
least one Deputy each for Luzon, Visayas and shall be filled within three (3) months after it
Mindanao. A separate Deputy for the military occurs, each of which list shall be published in
establishment may likewise be appointed. a newspaper of general circulation [Sec. 4,
R.A. No. 6770].
Page 219 of 384
Qualifications provided for the removal of the Ombudsman, is
The Ombudsman and his Deputies shall be: unconstitutional.
1. Natural-born citizens of the Philippines;
2. At the time of their appointment, at least The Office of the Special Prosecutor
forty years old; 1987 Constitution, Section 7, Article XI. The
3. Of recognized probity and independence; existing Tanodbayan shall hereafter be known as
4. Members of the Philippine Bar; the Office of the Special Prosecutor. It shall continue
5. Must not have been candidates for any to function and exercise its powers as now or
elective office in the immediately preceding hereafter may be provided by law, except those
conferred on the Office of the Ombudsman created
election.
under this Constitution.
The Ombudsman must have for ten years or

more been a judge or engaged in the practice Qualifications, Rank, and Salary
of law in the Philippines [Sec. 8, Art. XI, 1987 The Special Prosecutor shall have the same
Const.]. qualifications as that of a Deputy Ombudsman
Disqualifications and Prohibitions [Sec. 4, R.A. No. 6770].
The Ombudsman cannot:
a. Hold any other office or employment during The Special Prosecutor also has the same rank
his tenure; and salary as a Deputy Ombudsman [Sec. 11,
b. Engage in the practice of any profession or R.A. No. 6770].
in the active management or control of any
business which may be affected by the Powers
functions of his office; The Office of the Special Prosecutor shall,
c. Be financially interested, directly or under the supervision and upon the authority of
indirectly, in any contract with or in any the Ombudsman, have the following powers:
franchise or privilege granted by the a. To conduct preliminary investigation and
Government, any of its subdivisions, prosecute criminal cases within the
agencies or instrumentalities, including jurisdiction of the Sandiganbayan;
GOCCs or their subsidiaries. b. To enter into plea bargaining agreements;
and
Independence c. To perform such other duties assigned to it
To subject the Deputy Ombudsman to by the Ombudsman. [Sec. 11(4), R.A. No.
discipline and removal by the President, whose 6770].
own alter-egos and officials in the Executive
Department are subject to the Ombudsman’s Independence
disciplinary authority, would place at risk the In Gonzales v. Office of the President [supra],
independence of the Office of the Ombudsman the Court held that Section 8(2) of R.A. No.
itself. The Ombudsman cannot be expected to 6770, insofar as it allows the President to
place her complete trust in her subordinate remove the Special Prosecutor from office for
officials if they are not as independent as she any of the grounds provided for the removal of
is [Gonzales III v. Office of the President of the the Ombudsman, was upheld by the Supreme
Philippines, G.R. No. 196231 (2014)]. Court. The Court did not consider the Office of
Thus, Section 8(2) of R.A. No. 6770, insofar as the Special Prosecutor to be constitutionally
it allows the President to remove Deputy within the Office of the Ombudsman and is,
Ombudsmen from office for any of the grounds hence, not entitled to the independence the
latter enjoys under the Constitution.
Page 220 of 384

1. Functions of the Office of the Ombudsman
1987 Constitution Ombudsman Act of 1989 (R.A. No. 6770)
Article XI, Section 13. The Office of the Section 15. Powers, Functions and Duties. -
Ombudsman shall have the following powers, The Office of the Ombudsman shall have the
functions, and duties: following powers, functions and duties:
(1) Investigate on its own, or on complaint by (1) Investigate and prosecute on its own or on
any person, any act or omission of any public complaint by any person, any act or omission of
official, employee, office or agency, when such any public officer or employee, office or agency,
act or omission appears to be illegal, unjust, when such act or omission appears to be illegal,
improper, or inefficient. unjust, improper or inefficient. It has primary
jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of his
primary jurisdiction, it may take over, at any
stage, from any investigatory agency of
Government, the investigation of such cases;
(2) Direct, upon complaint or at its own (2) Direct, upon complaint or at its own
instance, any public official or employee of the instance, any officer or employee of the
Government, or any subdivision, agency or Government, or of any subdivision, agency or
instrumentality thereof, as well as of any instrumentality thereof, as well as any
government-owned or controlled corporation government-owned or controlled corporations
with original charter, to perform and expedite with original charter, to perform and expedite
any act or duty required by law, or to stop, any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in prevent, and correct any abuse or impropriety in
the performance of duties. the performance of duties;
(3) Direct the officer concerned to take (3) Direct the officer concerned to take
appropriate action against a public official or appropriate action against a public officer or
employee at fault, and recommend his removal, employee at fault or who neglect to perform an
suspension, demotion, fine, censure, or act or discharge a duty required by law, and
prosecution, and ensure compliance therewith. recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary
authority as provided in Section 21 of this Act:
Provided, That the refusal by any officer without
just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee
who is at fault or who neglects to perform an act
or discharge a duty required by law shall be a
ground for disciplinary action against said
officer;
(4) Direct the officer concerned, in any (4) Direct the officer concerned, in any
appropriate case, and subject to such appropriate case, and subject to such
limitations as may be provided by law, to furnish limitations as it may provide in its rules of
it with copies of documents relating to contracts procedure, to furnish it with copies of
or transactions entered into by his office documents relating to contracts or transactions
involving the disbursement or use of public entered into by his office involving the
funds or properties, and report any irregularity disbursement or use of public funds or
Page 221 of 384

to the Commission on Audit for appropriate properties, and report any irregularity to the
action. Commission on Audit for appropriate action;
(5) Request any government agency for (5) Request any government agency for
assistance and information necessary in the assistance and information necessary in the
discharge of its responsibilities, and to examine, discharge of its responsibilities, and to examine,
if necessary, pertinent records and documents. if necessary, pertinent records and documents;
(6) Publicize matters covered by its (6) Publicize matters covered by its
investigation when circumstances so warrant investigation of the matters mentioned in
and with due prudence. paragraphs (1), (2), (3) and (4) hereof, when
circumstances so warrant and with due
prudence: Provided, That the Ombudsman
under its rules and regulations may determine
what cases may not be made public: Provided,
further, That any publicity issued by the
Ombudsman shall be balanced, fair and true;
(7) Determine the causes of inefficiency, red (7) Determine the causes of inefficiency, red
tape, mismanagement, fraud, and corruption in tape, mismanagement, fraud, and corruption in
the Government and make recommendations the Government, and make recommendations
for their elimination and the observance of high for their elimination and the observance of high
standards of ethics and efficiency. standards of ethics and efficiency;
(8) Promulgate its rules of procedure and

exercise such other powers or perform such
functions or duties as may be provided by law.
(8) Administer oaths, issue subpoena and

subpoena duces tecum, and take testimony in
any investigation or inquiry, including the power
to examine and have access to bank accounts
and records;
(9) Punish for contempt in accordance with the

Rules of Court and under the same procedure
and with the same penalties provided therein;
(10) Delegate to the Deputies, or its

investigators or representatives such authority
or duty as shall ensure the effective exercise or
performance of the powers, functions, and
duties herein or hereinafter provided;
(11) Investigate and initiate the proper action for

the recovery of ill-gotten and/or unexplained
wealth amassed after February 25, 1986 and
the prosecution of the parties involved therein.
Page 222 of 384

(12) The Ombudsman shall give priority to

complaints filed against high-ranking
government officials and/or those occupying
supervisory positions, complaints involving
grave offenses as well as complaints involving
large sums of money and/or properties.
The law does not qualify the nature of the illegal Ombudsman’s Decision is Appealable
act or omission of the public official or Generally, appeals from decisions of the Office
employee that the Ombudsman may of the Ombudsman in administrative
investigate. It does not require that the act or disciplinary cases should be taken to the CA
omission be related to or be connected with or under the provisions of Rule 43 of the Rules of
arise from the performance of official duty. Civil Procedure [Tsunami Management Corp.
Since the law does not distinguish, neither v. Ombudsman, G.R. No. 232712 (2021)].
should we [Santos v. Rasalan, G.R. No.
155749 (2007)]. In cases where the respondent is not
exonerated, and the penalty imposed is not
The Office of the Ombudsman is empowered merely public censure or reprimand, or
to determine if there exists probable cause or suspension of not more than one (1) month’s
"whether there exists a reasonable ground to salary, the Ombudsman's decision is
believe that a crime has been committed, and appealable. The proper remedy is to file an
that the accused is probably guilty thereof and, appeal under Rule 43 of the Rules of Court
thereafter, to file the corresponding information before the Court of Appeals [Yatco v. Office
with the appropriate courts." This of the Ombudsman, G.R. No. 244775 (2020)].
determination is done by means of a
preliminary investigation [Morales, Jr. v. Ombudsman’s Decision is
Carpio-Morales, G.R. No. 208086 (2016)]. Unappealable
Pursuant to Section 27 of the Ombudsman Act,
Notwithstanding the term "recommend," [under
any order, directive or decision of the
Sec. 13 (3), Art. XI of the Const.], the said Ombudsman “imposing the penalty of public
provision, construed together with the pertinent
censure or reprimand, or suspension of not
provisions in Republic Act No. 6770, is not only more than one (1) month’s salary shall be final
advisory in nature but is actually mandatory
and unappealable.
within the bounds of law [Office of the
Ombudsman v. Court of Appeals, G.R. No.
Case law has also explained that Ombudsman
160675 (2006)]. rulings which exonerate the respondent from
administrative liability are, by implication, also
2. Judicial Review in Administrative considered final and unappealable.
Proceedings
The proper remedy to appeal decisions in In these cases, although such decisions are
administrative proceedings before the Office of considered final and unappealable, they are
the Ombudsman depends on whether the still subject to judicial review on the ground of
decision of the Ombudsman is appealable or grave abuse of discretion. Thus, the correct
unappealable. procedure is to file a petition for certiorari
under Rule 65 of the Rules of Court before
Page 223 of 384

the CA [Yatco v. Office of the Ombudsman, ii. City mayors, vice-mayors,
supra]. members of the sangguniang
panlungsod, city treasurers,
3. Judicial Review in Penal assessors, engineers, and other
Proceedings city department heads;
With respect to criminal charges, the Court has iii. Officials of the diplomatic service
settled that the remedy of an aggrieved party occupying the position of consul
from a resolution of the Ombudsman finding and higher;
the presence or absence of probable cause is iv. Philippine army and air force
to file a petition for certiorari under Rule 65 colonels, naval captains, and all
of the Rules of Court with the Supreme officers of higher rank;
Court (not the Court of Appeals) [Yatco v. v. Officers of the Philippine National
Office of the Ombudsman, supra]. Police while occupying the position
of provincial director and those
holding the rank of senior
E. The Sandiganbayan superintendent and higher;
vi. City and provincial prosecutors and
1. Nature and Composition their assistants, and officials and
It is a special court, of the same level as the prosecutors in the Office of the
Court of Appeals, and possessing all the Ombudsman and special
inherent powers of a court of justice. It is prosecutor;
composed of a Presiding Justice and fourteen vii. Presidents, directors or trustees, or
Associate Justices who shall be appointed by managers of government-owned or
the President [Sec. 1, P.D. No. 1606 as controlled corporations, state
amended by R.A. No. 8249]. universities or educational
institutions or foundations.
2. Jurisdiction b. Members of Congress and officials
thereof classified as Grade 27 and
a. Exclusive Original Jurisdiction higher under the Compensation and
The Sandiganbayan shall exercise exclusive Position Classification Act of 1989;
original jurisdiction in all cases involving: c. Members of the judiciary without
1. Violations of RA No. 3019, as amended, prejudice to the provisions of the
otherwise known as the Anti-Graft and Constitution;
Corrupt Practices Act, RA No. 1379, and d. Chairmen and members of the
Chapter II, Section 2, Title VII, Book II of Constitutional Constitutions, without
the Revised Penal Code, where one or prejudice to the provisions of the
more of the accused are officials occupying Constitution; and
the following positions in the government, e. All other national and local officials
whether in a permanent, acting or classified as Grade 27 and higher
interim capacity, at the time of the under the Compensation and Position
commission of the offense: Classification Act of 1989.
a. Officials of the executive branch 2. Other offenses or felonies whether simple
occupying the positions of regional or complexed with other crimes committed
director and higher, otherwise by the public officials and employees
classified as Grade 27 and higher, of mentioned in subsection a. of this Section
the Compensation and Classification in relation to their office
Act of 1989, specifically including: 3. Civil and criminal cases filed pursuant to
i. Provincial governors, vice- and in connection with Executive Order
governors, members of the Nos. 1, 2, 14 and 14-A, issued in 1986
sangguniang panlalawigan, and [Sec. 4, P.D. No. 1606 as amended by R.A.
provincial treasurers, assessors, No. 10660].
engineers, and other provincial
department heads:
Page 224 of 384

Requisites Sandiganbayan did not err in thus decreeing
In Lacson v. Executive Secretary [GR. No. the assailed preventive suspension order
128096 (1999)], the Court held that to fall under [Defensor-Santiago v. Sandiganbayan, G.R.
the exclusive original jurisdiction of the No. 128055 (2001)].
Sandiganbayan, the following requisites must
concur: Petitioner mayor's position having been
1. The offense committed is a violation of: classified as Grade 27 in accordance with R.A.
a. R.A. No. 3019, as amended (the Anti- No. 6758, and having been charged with
Graft and Corrupt Practices Act); violation of Section 3 (e) of R.A. 3019,
b. R.A. No. 1379 (the law on ill-gotten petitioner is subject to the jurisdiction of the
wealth); Sandiganbayan, as defined by Section 4 a. of
c. Chapter II, Section 2, Title VII, Book II P.D. No. 1606, as amended by Section 2 of
of the RPC (the law on bribery); R.A. No. 7975. By virtue of the same Section 4
d. Executive Order Nos. 1, 2, 14, and 14- a., as amended, his co-accused are also
A, issued in 1986 (sequestration subject to the Anti-Graft Court's jurisdiction
cases); or [Rodrigo, Jr. v. Sandiganbayan, G.R. No.
e. Other offenses or felonies whether 125498 (1999)].
simple or complexed with other crimes.
2. The offender committing the offenses in The exclusive original jurisdiction over
items (a), (b), (c) and (e) is a public official violations of RA 9165 is not transferred to the
or employee holding any of the positions Sandiganbayan whenever the accused
enumerated in paragraph a of Section 4; occupies a position classified as Grade 27 or
and higher, regardless of whether the violation is
3. The offense committed is in relation to the alleged as committed in relation to office. RA
office. 9165 is the special law excluding from the
Sandiganbayan's jurisdiction violations of RA
An offense is said to have been committed in 9165 committed by such public officers. In the
relation to the office if it (the offense) is latter case, jurisdiction is vested upon the
“intimately connected” with the office of the RTCs designated by the Supreme Court as
offender and perpetrated while he was in the drugs court, regardless of whether the violation
performance of his official functions. This of RA 9165 was committed in relation to the
intimate relation between the offense charged public officials' office [De Lima v. Guerrero,
and the discharge of official duties “must be G.R. No. 229781 (2017)].
alleged in the information” [People v. Montejo,
G.R. No. L-14595 (1960)]. b. Exclusive Appellate Jurisdiction
The Sandiganbayan shall exercise exclusive
Section 16 (3), Article VI of the Constitution — appellate jurisdiction over final judgments,
which deals with the power of each House of resolutions or orders of regional trial courts
Congress inter alia to 'punish its Members for whether in the exercise of their own original
disorderly behavior, and 'suspend or expel a jurisdiction or of their appellate jurisdiction as
Member' by a vote of two-thirds of all its herein provided [Sec. 4, P.D. No. 1606 as
Members subject to the qualification that the amended by R.A. No. 10660].
penalty of suspension, when imposed, should
not exceed sixty days — is unavailing, as it c. Jurisdiction Over Private Individuals
appears to be quite distinct from the In case private individuals are charged as co-
suspension spoken of in Section 13 of RA principals, accomplices or accessories with the
3019, which is not a penalty but a preliminary, public officers or employees, including those
preventive measure, prescinding from the fact employed in government-owned or controlled
that the latter is not being imposed on petitioner corporations, they shall be tried jointly with said
for misbehavior as a Member of the House of public officers and employees in the proper
Representatives. Republic Act No. 3019 does courts which shall exercise exclusive
not exclude from its coverage the members of jurisdiction over them [Sec. 4, P.D. No. 1606 as
Congress and that, therefore, the amended by R.A. No. 10660].
Page 225 of 384

XIV. TERM LIMITS shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at
noon of the same date six years thereafter. The
The term means the time during which the President shall not be eligible for any reelection.
officer may claim to hold the office as of No person who has succeeded as President and
right, and fixes the interval after which the has served as such for more than four years shall
several incumbents shall succeed one be qualified for election to the same office at any
another. The tenure represents the term time.
during which the incumbent actually holds
No Vice-President shall serve for more than two
the office. The tenure may be shorter than the consecutive terms. Voluntary renunciation of the
term for reasons within or beyond the power of office for any length of time shall not be considered
the incumbent [Fetalino v COMELEC, G.R. No. as an interruption in the continuity of the service for
191890 (2012)]. the full term for which he was elected.xxx
A. Legislative Department Judicial Department
1. Senators 2. Supreme Court Justices and

Judges of Lower Courts
1987 Constitution, Article VI, Section 4. The term
of office of the Senators shall be six years and shall 1987 Constitution, Article VIII, Section 11. The
commence, unless otherwise, provided by law, at Members of the Supreme Court and judges of lower
noon on the thirtieth day of June next following their courts shall hold office during good behavior
election. until they reached the age of seventy years or
become incapacitated to discharge the duties of
No Senator shall serve for more than two their office. The Supreme Court en banc shall have
consecutive terms. Voluntary renunciation of the the power to discipline judges of lower courts, or
office for any length of time shall not be considered order their dismissal by a vote of a majority of the
as an interruption in the continuity of his service for Members who actually took part in the deliberations
the full term for which he was elected. on the issues in the case and voted thereon.
2. Members of the House of C. Constitutional Commissions

Representatives
1987 Constitution, Article VI, Section 7. The
Members of the House of Representatives shall be
elected for a term of three years which shall begin, 1987 Constitution, Article IX-B, Section 1(2). The
unless otherwise provided by law, at noon on the Chairman and the Commissioners shall be
thirtieth day of June next following their election. appointed by the President with the consent of the
Commission on Appointments for a term of seven
No member of the House of Representatives years without reappointment. Of those first
shall serve for more than three consecutive appointed, the Chairman shall hold office for seven
terms. Voluntary renunciation of the office for any years, a Commissioner for five years, and another
length of time shall not be considered as an Commissioner for three years, without
interruption in the continuity of his service for the full reappointment. Appointment to any vacancy shall
term for which he was elected. be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or
designated in a temporary or acting capacity.
B. Executive Department
2. Commission on Elections
1. President and Vice-President
1987 Constitution, Article IX-C, Section 1(2). The
1987 Constitution, Article VII, Section 4. The Chairman and the Commissioners shall be
President and the Vice-President shall be elected by appointed by the President with the consent of the
direct vote of the people for a term of six years which Commission on Appointments for a term of seven
Page 226 of 384

years without reappointment. Of those first position: Provided, however, That the term of office
appointed, three Members shall hold office for seven shall be reckoned from the 1994 barangay elections.
years, two Members for five years, and the last Voluntary renunciation of office for any length of time
Members for three years, without reappointment. shall not be considered as an interruption in the
Appointment to any vacancy shall be only for the continuity of service for the full term for which the
unexpired term of the predecessor. In no case shall elective official was elected.
any Member be appointed or designated in a
temporary or acting capacity.
3. Commission on Audit
1987 Constitution, Article IX-D, Section 1(1. The

Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven
years without reappointment. Of those first
appointed, the Chairman shall hold office for seven
years, one Commissioner for five years, and the
other Commissioner for three years, without
reappointment. Appointment to any vacancy shall
be only for the unexpired portion of the term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.
D. The Office of the Ombudsman
1987 Constitution, Article XI, Section 11, Article

XI. The Ombudsman and his Deputies shall serve
for a term of seven years without reappointment.
They shall not be qualified to run for any office in the
election immediately succeeding their cessation
from office.
E. Local Governments
1987 Constitution, Article X, Section 8. The term

of office of elective local officials, except barangay
officials, which shall be determined by law, shall be
three years and no such official shall serve for
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall
not be considered as an interruption in the continuity
of his service for the full term for which he was
elected.
Barangay Officials and Sangguniang

Kabataan Officials
R.A. No. 9164, Section 2. The term of office of all

barangay and sangguniang kabataan officials after
the effectivity of this Act shall be three (3) years. No
barangay elective official shall serve for more
than three (3) consecutive terms in the same
Page 227 of 384

ADMINISTRATIVE LAW
INTERNATIONAL LAW
ADMINISTRATIVE LAW POLITICAL LAW
Administrative functions are those which
involve the regulation and control over the
ADMINISTRATIVE conduct and affairs of individuals for their own
welfare and the promulgation of rules and
LAW regulations to better carry out the policy of the
legislature or such as are devolved upon the
administrative agency by the organic law of its
I. GENERAL PRINCIPLES existence [In Re: Rodolfo v. Manzano, A.M.
No. 88-7-1861-RTC (1988)].
A. Definition of Administrative
Law II. ADMINISTRATIVE AGENCIES
Administrative law belongs to the field of
public law, and is generally understood as “that
part of the law which governs the organization,
A. Definition of Administrative
functions, and procedures of administrative Agency
agencies of the government to which (quasi) Administrative Code of 1987
legislative powers are delegated and (quasi)
judicial powers are granted, and the extent and Section 2(1), Book VII. Definitions. – As used in this
manner of which such agencies are subject to Book: (1) “Agency” includes any department,
control by the courts” [De Leon]. bureau, office, commission, authority or officer of the
National Government authorized by law or executive
order to make rules, issue licenses, grant rights of
B. Separation of Powers and privileges, and adjudicate cases; research
institutions with respect to licensing functions;
Administrative Functions government corporations with respect to functions
In Pangasinan Transportation Co., Inc. v. PSC, regulating private right, privileges, occupation, or
G.R. No. 47065 (1940), the Supreme Court business; and officials in the exercise of disciplinary
held that the challenged law, passed by the power as provided by law.
then National Assembly, did not constitute a
complete and total abdication by the “Administrative agency” is the term used
Legislature of its functions because all that was generally to describe an agency exercising
delegated to the Public Service Commission some significant combination of executive,
(PSC) was the administrative function, legislative, and judicial powers. It is a
involving the use of discretion to carry out the government body charged with administering
will of the legislature. and implementing particular legislation [De
Leon].
According to the Court in Pangasinan,
“apparent in the development of the principle
of separation of powers…is that the maxim B. Historical Considerations
of delegatus non potest delegari or delegata The emergence of administrative agencies
potestas non potest delegari…has been made can be attributed to:
to adapt itself to the complexities of modern 1. Growing complexity of modern life;
governments, giving rise to the adoption, within 2. Multiplication of the subjects of
certain limits, of the principle of ‘subordinate governmental regulation; and
legislation,’ not only in the United States and 3. Increased difficulty of administering laws
England but in practically all modern [Pangasinan Transportation Co., Inc. v.
governments. Accordingly, with the growing PSC, supra].
complexity of modern life, the multiplication of
the subjects of governmental regulation, and Except for Constitutional Commissions and
the increased difficulty of administering the other bodies directly created by the
laws, there is a constantly growing tendency Constitution, administrative agencies are
toward the delegation of greater powers by the generally are creations of the legislature. In
legislature, and toward the approval of the theory, Congress can create, divide, merge,
practice by the court.” modify, or even abolish agencies. The reality,
however, is more on the side of creation rather
Page 229 of 384
than abolition, considering the multiplication of details. The regulation should be germane to
regulatory agencies [Carlota]. the objects and purposes of the law and should
not be in contradiction to but in conformity with
the standards prescribed by the law [Sigre v.
III. POWERS OF CA, G.R. Nos. 109568 & 113454 (2002)].
ADMINISTRATIVE AGENCIES
This is effected by the promulgation of
administrative bodies of what are known as
A. Quasi-Legislative (Rule- supplementary regulations, such as
Making Power) implementing rules and regulations which have
the force and effect of law [Eastern Shipping
The authority delegated by the law-making Lines, Inc. v. POEA, G.R. No. 76633 (1988)].
body to the administrative agency to adopt
rules and regulations intended to carry out the Administrative issuances may be distinguished
provisions of a law and implement a legislative according to their nature and substance:
policy [Cruz]. legislative and interpretative. A legislative rule
is in the matter of subordinate legislation,
The grant of rule-making is a relaxation of the designed to implement a primary legislation by
separation of powers principle and is an providing the details thereof. An interpretative
exception to the non-delegation of legislative rule, on the other hand, is designed to provide
powers. But such administrative regulations guidelines to the law which the administrative
must be consistent with the law and be for the agency is in charge of enforcing [BPI Leasing
sole purpose of enforcing its provisions and not Corporation v. Court of Appeals, G.R. No.
to transcend the limits marked by the law. The 127624 (2003)].
details and the manner of carrying out the law
are oftentimes left to the administrative agency Non-delegation Doctrine Potestas delegata
entrusted with its enforcement [People v. non delegare potest
Maceren, G.R. No. L- 32166 (1977)].
As a general rule, the law prohibits the further
Administrative regulations enacted by delegation of a power or function already
administrative agencies to implement and assigned and delegated by the Constitution to
interpret the law which they are entrusted to a specific body such as the legislature. The
enforce have the force of law and are entitled rationale.
to respect. Such rules and regulations partake
of the nature of a statute and are just as binding One of the settled maxims in constitutional law
as if they have been written in the statute itself. is that the power conferred upon the legislature
As such, they have the force and effect of law to make laws cannot be delegated by that
and enjoy the presumption of constitutionality department to any body or authority. This
and legality until they are set aside with finality doctrine is based on the ethical principle that
in an appropriate case by a competent court. such a delegated power constitutes not only a
Congress, in the guise of assuming the role of right but a duty to be performed by the delegate
an overseer, may not pass upon their legality by the instrumentality of his judgment acting
by subjecting them to its stamp of approval immediately upon the matter of legislation and
without disturbing the calculated balance of not through the intervening mind of another
powers established in the Constitution. Hence, [United States v. Barrias, G.R. No. 4349
legislative vetoes are unconstitutional (1908)].
[Abakada Guro Party List v. Hon. Cesar
Purisima, G.R. No. 166715 (2008)]. The general rule barring delegation of
legislative powers is subject to recognized
Power of Subordinate Legislation limitations or exceptions, one of which is
The power of subordinate legislation allows delegation to administrative bodies [Abakada
administrative bodies to implement the broad v. Ermita, G.R. No. 168056 (2005)].
policies laid down in a statute by “filling in” the
Page 230 of 384
Permissible Delegation administrative authority is that the rate be
In every case of permissible delegation, there reasonable and just. However, it has been held
must be a showing that the delegation itself is that even in the absence of an express
valid. requirement as to reasonableness, this
standard may be implied [PHILCOMSAT v.
It is valid only if the law (a) is complete in itself, Alcuaz, G.R. No. 84818 (1989)].
setting forth therein the policy to be executed,
carried out, or implemented by the delegate; Filling in the Details
and (b) fixes a standard — the limits of which With the power of subordinate legislation,
are sufficiently determinate and determinable administrative bodies may implement the
— to which the delegate must conform in the broad policies laid down in a statute by “filling
performance of his functions [Defensor in” the details which the Congress may not
Santiago v. COMELEC, G.R. No. 127325 have the opportunity or competence to provide
(1997)]. [Eastern Shipping Lines, Inc. v. POEA, supra].
a. Completeness Test Test to Determine Invalidity of

The law must be complete in all its terms and Administrative Rules
conditions when it leaves the legislature such 1. If it exceeds the authority conferred to it;
that when it reaches the delegate the only thing 2. If it conflicts with the governing statute;
he will have to do is enforce it [Eastern 3. If it extends or modifies the statute;
Shipping Lines, Inc. v. POEA, supra]. 4. If it has no reasonable relationship to the
statutory purpose; and
To determine whether there is an undue 5. If it is arbitrary or unreasonable or
delegation of legislative power, the inquiry unconstitutional.
must be directed to the scope and definiteness
of the measure enacted. The legislature does Where a rule or regulation has a provision not
not abdicate its functions when it describes expressly stated or contained in the statute
what job must be done, who is to do it, and being implemented, that provision does not
what is the scope of his authority [Edu v. Ericta, necessarily contradict the statute. A legislative
GR No. L-32096 (1970)]. rule is in the nature of subordinate legislation,
designed to implement a primary legislation by
b. Sufficient Standard Test providing the details thereof. All that is required
The law must fix a standard, the limits of which is that the regulation should be germane to the
are sufficiently determinate or determinable, to objects and purposes of the law; that the
which the delegate must conform. A sufficient regulation be not in contradiction to but in
standard is one which: conformity with the standards prescribed by the
1. Defines legislative policy, marks its limits, law [Holy Spirit Homeowners Association, Inc.
maps out its boundaries and specifies the v. Defensor, G.R. No. 163980 (2006)].
public agency to apply it;
2. Indicates the circumstances under which General Rule-making Power
the legislative command is to be effected a. Every administrative agency is to file with
[Abakada v. Ermita, supra]. the University of the Philippines Law
Center three (3) certified copies of every
A legislative standard need not be expressed. rule adopted by it.
It may simply be gathered or implied. Nor need b. Each rule shall become effective fifteen
it be found in the law challenged because it (15) days from the date of filing as above
may be embodied in other statutes on the same provided unless a different date is fixed by
subject as that of the challenged legislation law, or specified in the rule in cases of
[Chiongbian v. Orbos, G.R. No. 96754 (1995)]. imminent danger to public health, safety
and welfare, the existence of which must
In case of a delegation of rate-fixing power, the be expressed in a statement
only standard which the legislature is required accompanying the rule.
to prescribe for the guidance of the
Page 231 of 384

c. Every rule establishing an offense or
Legislative Interpretive
defining an act which, pursuant to law, is Rules Rules
punishable as a crime or subject to a
penalty shall in all cases be published in As to Need Need not be
full text. publicatio Publication. published.
d. If not otherwise required by law, an agency n
shall, as far as practicable, publish or
circulate notices of proposed rules and So long as the At best
afford interested parties the opportunity to court finds merely
submit their views prior to the adoption of that the advisory; the
any rule. legislative court may
e. In the fixing of rates, no rule or final order rules are review the
shall be valid unless the proposed rates within the correctness
shall have been published in a newspaper power of the of the
of general circulation at least two (2) administrative interpretation
weeks before the first hearing thereon agency to of the law
[Secs. 3, 4, 6, & 9, Chapter 2, Book VII, pass, as seen given by the
Administrative Code]. in the primary administrativ
law, then the e body, and
1. Kinds of Administrative Rules and rules bind the substitute its
Regulations court. The own view of
court cannot what is
As to question the correct.
a. Supplementary Legislation Binding wisdom or
Pertains to rules and regulations that fix details Effect correctness of If it is not
in the execution of a policy in the law; This is
the policy within the
also called a legislative rule or subordinate
contained in scope of the
legislation. e.g., IRRs of the Labor Code.
the rules. administrativ
e agency, the
b. Interpretative Legislation court may, in
Pertains to rules and regulations construing or addition to
interpreting the provisions of a statute to be invalidating
enforced and they are binding on all concerned the same,
until they are changed, e.g., BIR Circulars. also
substitute its
Legislative rules v. Interpretative rules decision or
Legislative Interpretive interpretation
Rules Rules or give its
own set of
Promulgated Promulgated rules.
pursuant to its pursuant to
As to quasi- its quasi- Procedural Due process
source legislative/rule judicial due process involves
-making capacity. means that whether the
functions. the body parties were
observed the afforded the
Create a new Merely clarify As to Due proper opportunity to
law, a new the meaning Process procedure in be notified
policy, with of a passing rules. and heard
As to
the force and preexisting Substantive before the
function
effect of law. law by due process, issuance of
inferring its on the other the ruling.
implications. hand, deals
Page 232 of 384

Legislative Interpretive c. Reasonable Relation to the purposes

Rules Rules If shown to bear no reasonable relation to the
purposes [using the means-purpose or rational
with the relation test] for which they are authorized to be
limitations issued, then they must be held to be invalid
posed by [Lupangco v. CA, G.R. No. 77372 (1988)].
constitutional
and d. Promulgated in Accordance with
fundamental Prescribed Procedure
rights to
rulemaking. B. Quasi-Judicial (Adjudicatory)
Power
2. Requisites for Validity
a. Within the scope or authority of law; It is the power of an administrative agency to
b. Authorized by law; hear and determine, or to ascertain facts and
c. Reasonable relation to the purposes; decide by the application of rules to the
d. Promulgated in accordance with ascertained facts. By this power, administrative
prescribed procedure. authorities are enabled to interpret and apply
not only implementing rules and regulations
a. Within the Scope or Authority of Law promulgated by them but also the laws
The administrative body may not make rules entrusted to their administration [De Leon].
and regulations which are inconsistent with the
provisions of the Constitution or a statute, Note: The use of the term quasi-judicial is to
particularly the statute it is administering, or designate the character of the proceedings or
which created it, or which are in derogation of, powers exercised, in that such must be
or defeat, the purpose of a statute [Dagan v. accompanied with certain formalities and
Philippine Racing Commission, G.R. No. safeguards characteristic of the judicial
175220 (2009)]. process [De Leon].
b. Authorized by Law This is the power of an administrative agency

The rule is that what has been delegated to determine questions of fact to which the
cannot be delegated. The grant of rule-making legislative policy is to apply, in accordance with
power to administrative agencies is a the standards laid down by the law itself [Smart
recognized exception to this rule. They have v. NTC, G.R. No. 151908 (2003)].
been granted by Congress with the authority to
issue rules to regulate the implementation of a An agency is said to be exercising judicial
law entrusted to them [Dagan v. Philippine function where it has the power to determine
Racing Commission, supra]. what the law is and what the legal rights of the
parties are, and then undertakes to determine
The function of promulgating rules and these questions and adjudicate upon the rights
regulations may be legitimately exercised only of the parties. Quasi-judicial function is a term
for the purpose of carrying the provisions of the which applies to the action, discretion, etc. of
law into effect. The power of administrative public administrative officers or bodies, who
agencies is thus confined to implementing the are required to investigate facts or ascertain
law or putting it into effect. Corollary to this is the existence of facts, hold hearings, and draw
that administrative regulations cannot extend conclusions from them as a basis for their
the law and amend a legislative enactment official action and to exercise discretion of a
[Land Bank of the Philippines v. Court of judicial nature [Civil Service Commission v.
Appeals, G.R. No. 118712 (1995)]. Magoyag, G.R. No. 197792 (2015)].
Page 233 of 384

Source property right. Persons intending to use a
Incidental to the power of regulation but is often firearm can only either accept or decline the
expressly conferred by the legislature through government's terms for its use.
specific provisions in the charter of the agency.
The grant of license, however, is without
Distinguished from Judicial Proceedings prejudice to the inviolability of the home. The
right of the people against unreasonable
Administrative Judicial
searches and seizures remains paramount,
and the government, in the guise of regulation,
Nature of Inquisitorial Adversarial
Proceedings cannot conduct inspections of applicants for
firearm licenses unless armed with a search
Liberally Follow warrant.”
applied but technical
Rules of 1. Administrative Due Process
subject to Ang rules in the
Procedure
Tibay Rules of While administrative agencies are free from the
requirements Court rigidity of certain procedural requirements, they
cannot entirely ignore or disregard the
Decision Decision fundamental and essential requirements of due
generally includes process in trials and investigations of an
limited to matters administrative character [Ang Tibay v. CIR,
matters of brought as G.R. No. L-46496 (1940)].
general issue by
Nature and
concern, but the parties Administrative due process cannot be fully
Extent of
Decision
also resolves equated with due process in its strict judicial
the issues sense, as in the former a formal trial-type
raised by the hearing is not always necessary and technical
parties in a rules of procedure are not strictly applied [Vivo
specific v. PACGOR, G.R. No. 187854 (2013)].
dispute
Due process is satisfied when a person is
The agency Only the notified of the charge against him and given an
itself may be a private opportunity to explain or defend himself. The
Parties party to the parties essence of due process is simply to be heard,
proceedings or as applied to administrative proceedings, an
before it opportunity to explain one’s side, or an
opportunity to seek a reconsideration of the
action or ruling complained of [NAPOLCOM
Warrants of Arrest; Administrative
National Appellate Board v. Bernabe, G.R. No.
Searches
129914 (2000)].
Under Art. III, Section 2 of the 1987
Constitution, it is only judges, and no other,
Effect of Decisions Rendered Without Due
who may issue warrants of arrest and search.
Process
The exception is in cases of deportation of
A decision rendered without due process is
illegal and undesirable aliens, whom the
void ab initio the apparent lack of such may be
President or the Commissioner of Immigration
raised at any time since due process is a
may order arrested, following a final order of
jurisdictional requisite that all tribunals,
deportation, for the purpose of deportation
including administrative ones are bound to
[Salazar v. Achacoso, G.R. No. 81510 (1990)].
serve [Apo Cement Corporation v. Mingson
Mining Industries Corporation, G.R. No.
In the case of Acosta vs. Ochoa [G.R. Nos.
206728 (2014)].
211559, 211567, 212570 & 215634 (2019)],
“
the Supreme Court said “[t]here is no
Decisions rendered without due process may
constitutional right to bear arms. Neither is the
likewise be attacked directly or collaterally by
ownership or possession of a firearm a
Page 234 of 384
means of a separate action or proceeding 3. A tribunal vested with competent
where it is invoked [Salva v. Valle, G.R. No. jurisdiction and so constituted as to afford
193773 (2013)]. a person charged administratively a
reasonable guarantee of honesty as well
Cardinal Primary Rights as impartiality; and
Ang Tibay v. CIR, supra, lays down the cardinal 4. A finding by said tribunal which is
primary rights: supported by substantial evidence
1. Right to a hearing (includes the right of a submitted for consideration during the
party to present his own case and submit hearing or contained in the records or
evidence in support thereof); made known to the parties affected [Vivo
2. The tribunal must consider the evidence v. PAGCOR, supra].
presented;
3. Decision must be supported by evidence; Due process does not require that actual taking
4. Evidence must be substantial; of testimony be before the same officer who will
5. Decision must be rendered on the decide the case. As long as a party is not
evidence presented at the hearing or at deprived of his right to present his own case
least contained in the record and disclosed and submit evidence in support thereof, and
to the parties affected; the decision is supported by the evidence in the
6. The judge must act on its or his own record, there is no question that the
independent consideration of the law and requirements of due process and fair trial are
facts of the controversy (not simply accept fully met [American Tobacco Co. v. Director of
the views of a subordinate in arriving at a Patents, G.R. No. L-26803 (1975)].
decision);
7. Decision must be rendered in such a The observance of fairness in the conduct of
manner as to let the parties know the any investigation is at the very heart of
various issues involved and the reasons procedural due process. The essence of due
for the decision rendered. process is to be heard, and, as applied to
administrative proceedings, this means a fair
The 1st right mentioned above pertains to the and reasonable opportunity to explain one’s
substantive rights of a party at the hearing side, or an opportunity to seek a
stage of the proceedings, while the 2nd to 6th reconsideration of the action or ruling
requirements are those rights applicable at the complained off [Vivo v. PAGCOR, G.R. no.
deliberative stage. These thus set the guiding 187854 (2013)].
considerations in deliberating on the case and
are the material and substantial components of The actual exercise of the disciplining
decision making. Lastly, the 7th requirement is authority’s prerogative requires a prior
similar to the constitutional requirement that a independent consideration of the law and the
decision of a court must state distinctly the facts. Failure to comply with this requirement
facts and the law upon which it is based results in an invalid decision. The disciplining
[Magcamit v. Internal Affairs Service-Philippine authority should not merely and solely rely on
Drug Enforcement Agency, G.R. NO. 198140 an investigator's recommendation, but must
(2016). personally weigh and assess the evidence
gathered [DOH v. Camposano, G.R. No.
In administrative proceedings, procedural due 157684 (2005)].
process has been recognized to include the
following: a. Quantum of proof required – substantial
1. The right to actual or constructive notice of evidence
the institution of proceedings which may In administrative cases, only substantial
affect a respondent’s legal rights; evidence is required [Paredes v. CA, G.R. No.
2. A real opportunity to be heard personally 169534 (2007)].
or with the assistance of counsel, to
present witnesses and evidence in one’s Substantial evidence is defined as evidence
favor, and to defend one’s rights; which is more than a mere scintilla, meaning
Page 235 of 384

the amount of relevant evidence which a reconsideration [A.Z. Arnaiz Realty Inc. v.
reasonable mind might accept as adequate to Office of the President, G.R. No. 170623
justify a conclusion [Sec. 5, Rule 133, Rules of (2010)].
Court; Reyes v. Nieva, A.C. No. 8560 (2016)].
Is trial necessary?
An administrative proceeding is different from No. Due process does not necessarily mean or
a criminal case and may proceed require a trial-type hearing, but simply an
independently thereof. The quantum of proof in opportunity or a right to be heard [Vinta
the latter is different (proof beyond reasonable Maritime Co., Inc. v. NLRC, G.R. No. 113911
doubt), such that the verdict in one need not (1998)].
necessarily be the same as in the other. A
finding of guilt in the criminal case will not The presence of a party at a trial is not always
necessarily result in a finding of liability in the the essence of due process. All that the law
administrative case [Miralles v. Go, G.R. No. requires to satisfy adherence to this
139943 (2001)]. constitutional precept is that the parties be
b. Right to Counsel given notice of the trial, an opportunity to be
The right to counsel is not imperative in heard. Where the defendant failed to appear on
administrative investigations because such the date set for the trial, of which he was
inquiries are conducted merely to determine previously notified, he is deemed to have
whether there are facts that merit disciplinary forfeited his right to be heard in his defense
measures against erring public officers and [Asprec v. Itchon, G.R. No. L- 21685 (1966)].
employees, with the purpose of maintaining the
dignity of government service [Lumiqued v. Even a trial is not always necessary for
Exevea, G.R. No. 117565 (1997)]. administrative due process to be satisfied
given that its essence is simply an opportunity
c. Opportunity to be Heard or a right to be heard [Vinta Maritime Co., Inc.
“To be heard” does not mean only verbal v. NLRC, supra].
arguments in court as one may be heard
through pleadings. Defects in procedural due The requirements [of notice and hearing] are
process may be cured when the party is given followed where parties are given fair
the opportunity to appeal. Hence, when one is opportunity to explain their side. Such cases
given the opportunity to be heard either may be resolved based solely on documentary
through oral arguments or pleadings, then evidence submitted by parties as affidavits may
there can be no denial of due process [Ebdane take the place of their direct testimony [Samalio
v. Aporillo, G.R. No. 204172 (2015)]. v. CA, G.R. No. 140079 (2005)].
The principle that a person cannot be Right to Cross-examine

prejudiced by a ruling rendered in an action or Under Sec. 12 (3), Chapter 3, Book VII of the
proceeding in which he was not made a party Administrative Code, it is provided that in
conforms to the constitutional guarantee of due contested cases, every party has the right to
process of law. Since respondent was not cross-examine witnesses presented against
impleaded in the HLURB case, he could not be him and to submit rebuttal evidence.
bound by the decision rendered therein.
Because he was not impleaded in said case, The right of a party to confront and cross-
he was not given the opportunity to present his examine an opposing witness is a fundamental
case therein [Aguilar v. O’Pallick, G.R. No. right which is part of due process. If without his
182280 (2013)]. fault, this right is violated, he is entitled to have
the direct examination stricken off the record
Any seeming defect in the observance of due for such is considered an incomplete testimony
process is cured by the filing of a motion for which is considered incompetent [Bachrach
reconsideration. Denial of due process cannot Motor Co., Inc. v. CIR, G.R. No. L-26136
be successfully invoked by a party who has had (1978)].
the opportunity to be heard on his motion for
Page 236 of 384

While the right to cross-examine is a vital satisfied with the report of its examiner or
element of procedural due process, the right referee which already contains a full discussion
does not necessarily require an actual cross of the evidence and the findings of fact based
examination but merely an opportunity to thereon. The situation differs if the court
exercise this right if desired by the party entitled disagrees with the report in which case it
to it [Gannapao v. CSC, G.R. No. 180141 should state the reasons for its disagreement.
(2011)]. If it is in full accord with the report, it is
purposeless to repeat what the examiner has
Evidence on record must be fully disclosed to already found in it [Indias v. Philippine Iron
the parties [American Inter-Fashion v. Office of Mines, G.R. No. L-9987 (1957)].
the President, G.R. No. 92422 (1991)], but
respondents in administrative cases are not Note: In Indias, the “court” being referred to
entitled to be informed of findings of was the Court of Industrial Relations which was
investigative committees but only of the an administrative agency.
decision of the administrative body [Pefianco v. However, in the Administrative Code, it is
Moral, G.R. No. 132248 (2000)]. provided that:
Decision - Every decision rendered by the
On Decisions Rendered agency in a contested case shall be in writing
Section 14, Article VIII of the 1987 Constitution and shall state clearly and distinctly the facts
(i.e., “No decision shall be rendered by any and the law on which it is based. The agency
court without expressing therein clearly and shall decide each case within thirty (30) days
distinctly the facts and the law on which it is following its submission. The parties shall be
based”) need not apply to decisions rendered notified of the decision personally or by
in administrative proceedings. Said section registered mail addressed to their counsel of
applies only to decisions rendered in judicial record, if any, or to them [Sec. 14, Chap. 3,
proceedings. The constitutional mandate does Book VII, Administrative Code].
not preclude the validity of “memorandum
decisions,” which adopt by reference the Further note that in Magcamit v. Internal Affairs
findings of fact and conclusions of law Service-Philippine Drug Enforcement Agency,
contained in the decisions of inferior tribunals G.R. No. 198140 (2016), the Court
[Solid Homes, Inc. v. Laserna, G.R. No. characterized the 7th requirement in Ang Tibay
166051 (2008)]. as one “similar in substance to the
constitutional requirement that a decision of a
There is no requirement in Ang Tibay v. CIR court must state distinctly the facts and the law
that the decision must express clearly and upon which it is based.”
distinctly the facts and the law on which it is
based for as long as the administrative Due Process is Violated When:
decision is grounded on evidence and 1. There is failure to sufficiently explain the
expressed in a manner that sufficiently informs reason for the decision rendered; or
the parties of the factual and legal bases of the 2. If not supported by substantial evidence;
decision, the due process requirement is or
satisfied [Solid Homes, Inc. v. Laserna, supra]. 3. Imputation of a violation and imposition of
This is not understood as abandoning the a fine despite absence of due notice and
requirement in the Constitution and the hearing [Globe Telecom v. NTC, G.R. No.
Administrative Code with respect to explaining 143964 (2004)].
the factual and legal bases of judgment, only
that the decision is sufficient even if it is not a. Notice and Hearing
written in the same extended manner as in The essence of procedural due process is
judicial decisions. embodied in the basic requirement of notice
and a real opportunity to be heard. In
The order, it is true, does not make its own administrative proceedings, procedural due
discussion of the evidence or its own findings process simply means the opportunity to
of fact, but such is not necessary if the court is explain one’s side or the opportunity to seek a
Page 237 of 384

reconsideration of the action or ruling Where the establishment affected by an ex
complained of [Vivo vs. PAGCOR, G.R. No. parte cease and desist order contests the
187854 (2013)]. correctness of the prima facie findings of the
[Pollution Adjudication Board], the Board must
Notice is necessary as this gives parties the hold a public hearing where such
opportunity to be heard and to present establishment would have an opportunity to
evidence, and such is not a mere technicality controvert the basis of such ex parte order.
but is an indispensable ingredient of due That such an opportunity is subsequently
process [Uy, et al., v. COA, G.R. No. 130685 available is really all that is required by the due
(2000)]. process clause of the Constitution [Pollution
Adjudication Board v. CA, supra].
Aside from that prescribed by statute, the
necessity of notice and hearing in an Required Notice and Hearing under the
administrative proceeding would depend on Administrative Code
the character of the proceeding and the 1. Contested cases [Sec. 11, Chap. 3, Book
circumstances involved [De Leon]. VII, Administrative Code].
2. Insofar as practicable, to certain licensing
When Not Required procedures, involving grant, renewal,
1. When an administrative agency merely denial or cancellation of a license; i.e.,
passed upon the sufficiency of the when the grant, renewal, denial or
evidence presented before an office under cancellation of a license is required to be
it in which the petitioner was heard preceded by notice and hearing [Sec.
[Arocha vs. Vivo, L-24844 (1967)]; 17(1), Chap. 3, Book VII, Administrative
2. When there is urgent need for immediate Code].
action [Secretary of Justice v. Lantion, 3. All licensing procedures, when a license is
G.R. No. 139465 (2000)]; withdrawn, suspended, revoked or
3. Discretion is exercised by an officer vested annulled [Sec. 17(2), Chap. 3, Book VII,
with it upon an undisputed fact [Suntay v. Administrative Code].
People, G.R. No. L-9430 (1957)] and there
is no grave abuse; Exceptions
4. When it involves rules to govern future Notice and hearing not required in cases of:
conduct of persons or enterprises, unless 1. Willful violation of pertinent laws, rules,
law provides otherwise; and regulations; or
5. When there is tentativeness of 2. When public security, health, or safety
administrative action, i.e., the person require otherwise [Sec. 17(2), Chap. 3,
affected is not precluded from enjoying the Book. VII, Administrative Code].
right to notice and hearing at a later time
without prejudice to them such as when an b. Application of Rules of Evidence in
ex parte order issued is contested and a Administrative Proceedings
public hearing is held where the In administrative proceedings, technical rules
opportunity to be heard may be exercised of procedure and evidence are not strictly
[Pollution Adjudication Board v. CA, G.R. applied; administrative due process cannot be
No. 93891 (1991)]; or fully equated with due process in its strict
6. When action is necessary to protect vital judicial sense [Vinta Maritime Co., Inc. v.
public interests, through the exercise of NLRC, supra].
police power [Pollution Adjudication Board
v. CA, supra]. Administrative rules of procedure are
construed liberally to promote their objective
Meetings in the nature of consultation and and to assist parties in obtaining just, speedy
conferences may not be valid substitutes for and inexpensive determination of their
the proper observance of notice and hearing respective claims and defenses. As a general
[Equitable Banking Corp. v. NLRC, G.R. No. rule, a finding of guilt in administrative cases, if
102467 (1997)]. supported by substantial evidence will be
Page 238 of 384

sustained by the Court [Civil Service or the agency concerned. This is to ensure that
Commission v. Colanggo, G.R. No. 174935 when the issue reaches the Court, the
(2008)]. administrative agency has already fully
exercised its jurisdiction and the Court may
2. Administrative Appeal and Review thus focus on the questions of law presented
In administrative appeal and review, there is a before it [Kilusang Mayo Uno v. Aquino III,
hierarchy of authorities, meaning by express supra].
provision of statute or otherwise:
a. A review may be had within the Effect of appeal
administrative system itself of the action of The appeal shall stay the decision appealed
lower administrative authorities by their from unless otherwise provided by law, or the
superiors; or appellate agency directs execution pending
b. A particular administrative body is appeal, as it may deem just, considering the
authorized to hear and decide appeals nature and circumstances of the case [Sec. 21,
from, and review the determinations of, Chap. 3, Book VII, of the Administrative Code].
certain other administrative bodies or
officers [De Leon]. Different kinds of administrative appeal and
review [De Leon]:
Note: To be entitled to appeal and review by an 1. That which inheres in the relation of
appellate administrative body of the administrative superior to administrative
determination of a subordinate or another subordinate where determinations are
administrative body, a party must prove that it made at lower levels of the same
has been affected or aggrieved by the decision administrative system;
issued by the subordinate/other administrative 2. That embraced in statutes which provide
body [De Leon]. for a determination to be made by a
particular officer of body subject to appeal,
Unless otherwise provided by law or executive review, or redetermination by another
order, an appeal from a final decision of an officer or body in the same agency or in
agency may be taken to the Department Head the same administrative system;
[Sec. 19, Chap. 4, Book VII, of the 3. That in which the statute attempts to make
Administrative Code]. a court a part of the administrative scheme
by providing in terms or effect that the
To avail of the above: court, on review of the action of an
● Who files: Party adversely affected by the administrative agency, shall exercise
decision complained of. powers of such extent that they differ from
● Where to file: With the agency which ordinary judicial functions and involve a
adjudicated the case. trial de novo of matters of fact or discretion
● What should be filed: A notice of appeal. and application of the independent
● When: Within 15 days from the receipt of judgment of the court;
a copy of the decision complained of. 4. That in which the statute provides that an
● Other procedural matters: Copies of order made by a division of a Commission
such notice must be served upon the or Board has the same force and effect as
prevailing party AND the appellate if made by the Commission subject to a
agency, and paying the required fees rehearing by the full Commission, for the
[Sec. 20, Chap. 4, Book VII, of the ‘rehearing’ is practically an appeal to
Administrative Code]. another administrative tribunal;
5. That in which the statute provides for an
An agency’s administrative process must appeal to an officer on an intermediate
always be exhausted before external remedies level with subsequent appeal to the head
can be applied, meaning that even if a of the department or agency; and
governmental entity committed a grave abuse 6. That embraced in statutes which provide
of discretion, litigants must first ask for for appeal at the highest level, namely, the
reconsideration or a review from the body itself President.
Page 239 of 384

The appellate administrative agency may Commission v. Magoyag, G.R. No. 197792
conduct additional hearings in the appealed (2015)].
case, if deemed necessary [Reyes v. Zamora,
G.R. No. L-46732 (1979)]. Scope of application
The doctrine of res judicata does not apply
In order that the review of the decision of a exclusively to courts but may be extended to
subordinate officer might not turn out to be a decisions of bodies upon whom judicial powers
farce, the reviewing officer must perforce be have been conferred [Ipekdijan Merchandising
other than the officer whose decision is under v. CTA, G.R. No. L-14791 (1963)].
review; otherwise, there could be no different
view or there would be no real review of the It applies only to judicial or quasi-judicial
case [Zambales Chromite Mining v. CA, G.R. proceedings and not to the exercise of purely
No. L-49711 (1979)]. administrative in nature. When the
administrative proceedings take on an
The law, in prescribing a process of appeal to adversary character, the doctrine of res
a higher level, contemplates that the reviewing judicata applies [Heirs of Maximo Derla v. Heirs
officer is a person different from the one who of Catalina Derla vda. De Hipolito, G.R. No.
issued the appealed decision. Otherwise, the 157717 (2011)].
review becomes a farce; it is rendered
meaningless [Rivera v. CSC, G.R. No. 115147 It may not be invoked in labor relations
(1995)]. proceedings considering that such
proceedings are non-litigious and summary in
Doctrine of Qualified Political Agency nature without regard to legal technicalities
Under the doctrine of qualified political agency obtaining in courts of law [Nasipit Lumber Co.
[Villena v. Secretary of Interior, G.R. No. L- v. NLRC, G.R. No. L-54424 (1989)].
46570 (1939)], a decision of the department
head generally need not be appealed to the Requisites:
Office of the President, since the department 1. The former judgment must be final;
head (e.g., Secretary) is the alter ego of the 2. It must have been rendered by a court
President, and the former’s acts are having jurisdiction over the subject matter
presumably the President’s. However, the and the parties;
doctrine does not apply when: 3. It must be a judgment on the merits; and
1. The act is repudiated by the President; or 4. There must be identity of parties, subject
2. The act is required (by law) to be matter and cause of action [Ipekdijan
performed specifically by the department Merchandising v. CTA, supra].
head.
Res judicata is not defeated by a minor
3. Administrative Res Judicata difference of parties, as it does not require
Res judicata lays the rule that an existing final absolute but only substantial identity of parties
judgment or decree rendered on the merits, [Manila Electric Co. v. Phil. Consumers
without fraud or collusion, by a court of Foundation, G.R. No. 101783 (2002)].
competent jurisdiction, upon any matter within
its jurisdiction, is conclusive of the rights of the Concepts
parties or their privies, in all other actions or Res judicata has two (2) concepts:
suits in the same or any other judicial tribunal 1. Bar by prior judgment;
of concurrent jurisdiction on the points and 2. Conclusiveness of judgment.
matters in issue in the first suit [Civil
Aeronautics Administration v. Yu, G.R. No. Bar by prior judgment
157557 (2006)]. Bar by prior judgment exists when, as between
Nothing is more settled in law than that once a the first case where the judgment was
judgment attains finality it thereby becomes rendered and the second case that is sought to
immutable and unalterable [Civil Service be barred, there is identity of parties, subject
matter, and causes of action.
Page 240 of 384

Decisions and orders of administrative
This is enunciated in Rule 39, Section 47(b) of agencies rendered pursuant to their quasi-
the Rules of Civil Procedure: judicial authority, have, upon their finality, the
“(b) In other cases, the judgment or final order force and binding effect of a final judgment
is, with respect to the matter directly adjudged within the purview of the doctrine of res
or as to any other matter that could have been judicata, which forbids the reopening of a
raised in relation thereto, conclusive between matter once judicially determined by competent
the parties and their successors in interest by authority [Dulay v. Minister of Natural
the title subsequent to the commencement of Resources, G.R. No. L-48766 (1993)].
the action or special proceeding, litigating for
the same thing and under the same title and in For res judicata to be applied in cases of
the same capacity.” citizenship, the following must be present:
1. A person's citizenship must be raised as a
Conclusiveness of Judgment material issue in a controversy where said
Conclusiveness of judgment applies when a person is a party;
fact or question has been squarely put in issue, 2. The Solicitor General or his authorized
judicially passed upon, and adjudged in a representative took active part in the
former suit by a court of competent jurisdiction. resolution thereof; and
This only requires identity of parties and issues 3. The finding or citizenship is affirmed by SC
to apply [Emerald Garment Manufacturing [Board of Commissioners v. De la Rosa,
Corp., G.R. No. 210693 (2017)]. G.R. Nos. 95122-23 (1991)].
Under the doctrine of conclusiveness of Due to the difference between the quantum of
judgment, facts and issues actually and directly evidence, procedure, and sanctions imposed in
resolved in a former suit cannot again be raised criminal and administrative proceedings, the
in any future case between the same parties, findings and conclusions in one should not
even if the latter suit may involve a different necessarily be binding on the other [Ocampo v.
claim or cause of action. The identity of causes Office of the Ombudsman, G.R. No. 114683
of action is not required but merely identity of (2000)].
issues [Civil Aeronautics Administration v. Yu,
supra]. The basis of administrative liability differs from
criminal liability. The purpose of administrative
This is enunciated in Rule 39, Section 47(c) of proceedings is mainly to protect the public
the Rules of Civil Procedure: service, based on the time-honored principle
“(c) In any other litigation between the same that a public office is a public trust. On the other
parties or their successors in interest, that only hand, the purpose of criminal prosecution is the
is deemed to have been adjudged in a former punishment of crime [Ferrer v. Sandiganbayan,
judgment or final order which appears upon its G.R. No. 161067 (2008)].
face to have been so adjudged, or which was
actually and necessarily included therein or Forum Shopping
necessary thereto.” There is forum shopping whenever, as a result
of an adverse opinion in one forum, a party
Effect of Res judicata seeks a favorable opinion (other than by
The doctrine of res judicata provides that a final appeal or certiorari) in another. The principle
judgment on the merits rendered by a court of applies not only with respect to suits filed in the
competent jurisdiction, is conclusive as to the courts but also in connection with litigation
rights of the parties and their privies and commenced in the courts while an
constitutes an absolute bar to subsequent administrative proceeding is pending, in order
actions involving the same claim, demand, or to defeat administrative processes and in
cause of action [Civil Aeronautics anticipation of an unfavorable administrative
Administration v. Yu, supra]. ruling and a favorable court ruling.
Page 241 of 384

The test for determining whether a party has 2. Investigative Powers
violated the rule against forum shopping is Administrative agencies’ power to conduct
where a final judgment in one case will amount investigations and hearings, and make findings
to res judicata in the action under consideration and recommendations thereon is inherent in
[Fortich v. Corona, G.R. No. 131457 (1998), their functions as administrative agencies.
citing First Philippine International Bank v. CA,
G.R. No. 115849 (1996)]. The investigative powers of an administrative
agency must be exercised within the limits
The rule against forum shopping applies only prescribed and bear a reasonable and
to judicial cases or proceedings, not to legitimate relationship to the general powers
administrative cases [Office of the granted, which includes the authority to obtain
Ombudsman v. Rodriguez, G.R. No. 172700 information necessary to discharge its proper
(2010)]. functions [De Leon].
C. Fact-Finding, Investigative, General Rule: Findings of fact by

administrative agencies and quasi-judicial
Licensing, and Rate-Fixing bodies, which have acquired expertise
Powers because of their jurisdiction is confined to
specific matters, are generally accorded not
1. Ascertainment of Fact only great respect but even finality, absent a
The preliminary ascertainment of facts as basis showing of grave abuse of discretion [Marlow
for the enactment of legislation is not of itself a Navigation Philippines Inc. vs. Heirs of Ricardo
legislative function but is simply ancillary to S. Ganal, G.R. No. 220168 (2017)].
legislation. Thus, the duty of correlating
information and making recommendations is Exception: One of the exceptions to the above
the kind of subsidiary activity which the rule is when the factual findings of the quasi
legislature may perform through its members, judicial agencies concerned are conflicting or
or which it may delegate to others to perform contrary with those of the CA.
[Abakada v. Ermita, supra].
“Investigate” means to examine, explore,
The mere fact that an officer is required by law inquire, or delve or probe into, research on,
to inquire the existence of certain facts and to study. The purpose of investigation is to
apply the law thereto in order to determine what discover, to find out, to learn, obtain
his official conduct shall be and the fact that information. Nowhere included or intimated is
these acts may affect private rights do not the notion of settling, deciding or resolving a
constitute an exercise of judicial powers. controversy involved in the facts inquired into
by application of the law to the facts
A statute may: established by the inquiry [Cariño v. CHR, G.R.
1. Give non-judicial officers the power to No. 96681 (1991)].
declare the existence of facts which call
into operation the statute’s provisions; and 3. Licensing Function
2. Grant commissioners and other A license is in the nature of a special privilege,
subordinate officers the power to ascertain of a permission or authority to do what is within
and determine appropriate facts as a basis its terms. It is not any way vested, permanent,
for procedure in the enforcement of or absolute. It is not a contract between the
particular laws. sovereignty and the licensee, and is not a
property in any constitutional sense.
Such functions are merely incidental to the
exercise of powers conferred by law upon A license granted by the State is always
executive officials provided the party affected revocable. As a necessary consequence of its
is given the opportunity to be heard [Lovina v. main power to grant license or permit, the State
Montilla, G.R. No. L-17821 (1963)]. or its instrumentalities have the correlative
power to revoke or recall the same. This power
Page 242 of 384
can only be restrained by an explicit contract Notice and hearing; when required
upon good consideration to that effect Notice and hearing are required if it is a
[Gonzalo Sy Trading v. Central Bank, G.R. No. contested case. Otherwise, it can be dispensed
L-41480 (1976)]. with (e.g., driver’s licenses).
Definition of License “Contested case” means any proceeding,

“License” includes the whole or any part of any including licensing, in which the legal rights,
agency permit, certificate, passport, clearance, duties or privileges asserted by specific parties
approval, registration, charter, membership, as required by the Constitution or by law are to
statutory exemption or other form of be determined after hearing [Sec. 2, Chap. 1,
permission, or regulation of the exercise of a Book VII, Administrative Code].
right or privilege [Sec. 2, Chap. 1, Book VII,
Administrative Code]. When discretion is exercised by an officer
vested with it upon are undisputed fact, hearing
Definition of Licensing may be dispensed with by such officer; lack of
“Licensing” includes agency process involving such hearing does not violate the due process
the grant, renewal, denial, revocation, clause and the exercise of the discretion
suspension, annulment, withdrawal, limitation, vested in him cannot be deemed whimsical and
amendment, modification or conditioning of a capricious because of the absence of such
license [Sec. 2, Chap. 1, Book VII, hearing [Suntay v. People, G.R. No. L-9430
Administrative Code]. (1957)].
Procedure 4. Fixing of Rates, Wages, and Prices

1. When the grant, renewal, denial or Generally, the power to fix rates is a quasi-
cancellation of a license is required to be legislative function, i.e., it is meant to apply to
preceded by notice and hearing, the all. However, it becomes quasi-judicial when
provisions concerning contested cases the rate is applicable only to a particular party,
shall apply insofar as practicable. predicated upon a finding of fact
2. Except in cases of willful violation of [PHILCOMSAT v. Alcuaz, supra, citing Vigan
pertinent laws, rules and regulations or Electric Light Co. v. Public Service
when public security, health, or safety Commission, G.R. No. L-19850 (1964)].
require otherwise, no license may be
withdrawn, suspended, revoked or Where the determination of the issue
annulled without notice or hearing [Sec. complained of partakes of the nature of a
17, Chap. 3, Book VII, Administrative quasi-judicial function, previous notice and
Code]. hearing is required [Vigan Electric Light Co. v.
Public Service Commission, supra].
Non-expiration
Where the licensee has made timely and However, an administrative agency may be
sufficient application for the renewal of a empowered by law to approve rates of public
license with reference to any activity of a utilities provisionally without a hearing when
continuing nature, the existing license shall not demanded by urgent public need [Padua v.
expire until the application shall have been Ranada, G.R. No. 141949 (2002)].
finally determined by the agency [Sec. 18,
Chap. 3, Book VII, Administrative Code]. If the fixing of rates were a legislative function,
the giving of prior notice and hearing to the
The absence of an expiry date in a license does affected parties is not a requirement, except
not make it perpetual. Notwithstanding that where the legislature itself requires it [De
absence, the license cannot last beyond the life Leon].
of the basic authority under which it was issued
[Gonzalo Sy Trading v. Central Bank, supra]. Note: The old doctrine is if the rate-fixing power
is quasi-legislative, it need not be accompanied
by prior notice and hearing. Under the
Page 243 of 384

Administrative Code, the distinction seems to What is a just and reasonable rate is a question
have been disregarded, since the provision did of fact calling for the exercise of discretion,
not qualify the character of the rate-fixing, and good sense, and a fair, enlightened, and
now requires prior notice (via publication) independent judgment [Republic v. Meralco,
before the hearing. G.R. No. 141314 (2002)].
In a 2023 decision penned by Justice Jhosep A rate should not be confiscatory as would
Lopez, the Supreme Court clarified that while place an operator in a situation where he will
under the 1964 case of Vigan Electric Light Co. continue to operate at a loss. It is essential also
v. PSC, no notice and hearing are required in to consider the given situation, requirements
the administrative agencies’ exercise of quasi- and opportunities of the utility [KMU Labor
legislative functions, this rule does not apply Center v. Garcia, G.R. No. 115381 (1994);
when there is a law that expressly requires Republic v. Meralco, supra)].
notice and hearing. In the case of fixing rates,
while this is considered a quasi-legislative A rate must be reasonable and fair and must
function, the Administrative Code of 1987 be affordable to the end user who will utilize the
expressly requires that there be prior notice services. The purpose of a hearing is to
and hearing in rate-fixing, with the notice to be determine what a just and reasonable rate is
published at least two weeks before the [KMU Labor Center v. Garcia, supra].
hearing. Hence, such requirements must be
complied with for any increase in LRT and MRT In fixing the rate, it would not be fair to the
fairs to be valid. public to base it upon a peak cost, and it would
not be fair to the owner of the property to place
Note, however, that this decision is not it upon a minimum cost [Ynchausti Steamship
included within the June 30, 2022 cut-off date Co. v. Public Utility Commissioner, G.R. No.
for the September 2023 Bar Examinations. 17665 (1922)].
Definition of Rate Nowhere under law are the regulatory bodies,

“Rate” means any charge to the public for a the Public Service Commission and LTFRB
service open to all and upon the same terms, alike, authorized to delegate the power of
including individual or joint rates, tolls, route-fixing and rate-making for the transport
classifications, or schedules thereof, as well as sector to a common carrier, a transport
commutation, mileage, kilometerage and other operator, or other public service [KMU Labor
special rates which shall be imposed by law or Center v. Garcia, supra].
regulation to be observed and followed by any
person [Sec. 2, Chap. 1, Book VII, Republic v. Meralco, supra, laid down three (3)
Administrative Code]. major factors considered in the fixing of rates:
1. Rate of return
Publication requirement 2. Rate base
In the fixing of rates, no rule or final order shall 3. The return itself
be valid unless the proposed rates shall have
been published in a newspaper of general Rate of return
circulation at least two (2) weeks before the first The rate of return is a judgment percentage
hearing thereon [Sec. 9, Chap. 2, Book VII, prescribed by administrative and judicial
Administrative Code]. pronouncements. The Court has consistently
adopted a 12% rate of return for public utilities.
Factors considered in fixing of rates
In the fixing of rates, the only standard which Rate Base
the legislature is required to prescribe for the The rate base is an evaluation of the property
guidance of the administrative authority is that devoted by the utility to the public service or the
the rate be reasonable and just. Even in the value of invested capital or property which the
absence of an express requirement as to utility is entitled to a return.
reasonableness, this standard may be implied.
Page 244 of 384

The Return Itself judicial or legislative power, there is an
The return itself is the computed revenue to be underlying power in the courts to scrutinize the
earned by the public utility, achieved by acts of such agencies on questions of law and
multiplying the rate of return with the rate base. jurisdiction even though no right of review is
given by statute. Judicial review is proper in
case of lack of jurisdiction, grave abuse of
IV. JUDICIAL RECOURSE discretion, error of law, fraud or collusion [San
Miguel Corp. v. Secretary of Labor, G.R. No. L-
AND REVIEW 39195 (1975), citing Timbancaya v. Vicente,
G.R. No. L-19100 (1963)].
Judicial Review
Judicial review may embrace any form of Rationale
judicial scrutiny of a matter which arises when The purpose of judicial review is to keep the
such action is brought into question before a administrative agency within its jurisdiction and
court. It is ordinarily available only for final protect the substantial rights of the parties.
administrative action. Its underlying purpose is
to assure – on petitioner of interested parties – A primary purpose of judicial review is to
by the intervention of ordinary courts that ensure that agencies do not go beyond their
administrative power is exercised according to statutory or constitutional powers in carrying
law [De Leon]. out their tasks [De Leon].
General Rule It is that part of the checks and balances which

1987 Constitution restricts the separation of powers and forestalls
arbitrary and unjust adjudications [St. Martin’s
ARTICLE IX-A, SECTION 7. Each Commission Funeral Homes v. NLRC, G.R. No. 130866
shall decide by a majority vote of all its Members any (1998)].
case or matter brought before it within sixty days
from the date of its submission for decision or
resolution. A case or matter is deemed submitted for Note: Rule 43 of the Rules of Court provides
decision or resolution upon the filing of the last that the Court of Appeals shall have appellate
pleading, brief, or memorandum required by the jurisdiction over awards, judgments, final
rules of the Commission or by the Commission itself. orders or resolutions of or authorized by any
Unless otherwise provided by this Constitution or by quasi-judicial agency in the exercise of its
law, any decision, order, or ruling of each
quasi-judicial functions.
Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within thirty days
from receipt of a copy thereof. Extent of Judicial Review
1. Questions of Law
Judicial review may be granted or withheld as
a. Constitutionality of the law creating the
Congress chooses, except when the
agency and granting it powers;
Constitution requires or allows it. Thus, a law
b. Validity of agency action if these transcend
may provide that the decision of an
limits established by law;
administrative agency shall be final and not
c. Correctness of interpretation or
reviewable and it would still not offend due
application of the law.
process.
A decision of an administrative agency on a
However, Sec. 1, par. 2, Art. VIII of the
question of law is in no sense conclusive upon
Constitution provides that judicial review of
the courts, but is subject to review [Ortua v.
administrative decisions cannot be denied
Encarnacion, G.R. No. 39919 (1934)].
when there is an allegation of grave abuse of
discretion [Nachura].
2. Questions of Fact
Review shall be made on the basis of the
It is generally understood that as to
record taken as a whole. The findings of fact of
administrative agencies exercising quasi-
the agency when supported by substantial
Page 245 of 384
evidence shall be final except when specifically 3. Questions of Discretion
provided otherwise by law [Sec. 25, Chap. 4, General Rule: Administrative and
Book VII, Administrative Code]. discretionary functions may not be interfered
with by the courts.
A decision rendered by the Director of Lands
and approved by the Secretary of Agriculture Rationale: Courts have none of the technical
and Commerce, upon a question of fact is and economic or financial competence which
conclusive and not subject to be reviewed by specialized administrative agencies have at
the courts, in the absence of a showing that their disposal, and in particular must be wary of
such decision was rendered in consequence of intervening in matters which are at their core
fraud, imposition, or mistake, other than error technical and economic in nature [PLDT v.
of judgment in estimating the value or effect of National Telecommunications Commission,
evidence, regardless of whatever or not it is G.R. No. 94374 (1995)].
consistent with the preponderance of the
evidence, so long as there is some evidence Exceptions
upon which the finding in question could be 1. When there is a grave abuse of discretion;
made [Ortua v. Encarnacion, supra]. 2. Where the power is exercised in an
arbitrary or despotic manner [Banco
General Rule: Findings of fact by the agency Filipino Savings and Mortgage Bank v.
are final when supported by substantial Monetary Board, G.R. No. 70054 (1991)];
evidence. 3. If without reasonable support in the
evidence;
Exceptions 4. Rendered against law; or
1. Specifically allowed otherwise by law; ● An administrative agency entrusted
2. Fraud, imposition, mistake, or other error with the enforcement of a regulatory
of judgment in evaluating the evidence statute is vested with discretion. Such
[Ortua v. Singson Encarnacion, supra]; discretion, however is not
3. Error in appreciation of pleadings and unbounded. Where, as in this case,
interpretation of the documentary the Labor Code itself sets limits, they
evidence presented by the parties [Tan must be observed. [Federation of
Tiong Teck v. SEC, G.R. No. L-46472 Free Workers v. Noriel, G.R. Nos. L-
(1940)]; 47182-83, (1978)]
● In the past, this Court has held that 5. Issued without jurisdiction [Laguna
there is a question of fact when the Tayabas Bus Company v. Public Service
issue presented before this Court is Commission, G.R. No. 10903 (1957)].
the correctness of the lower courts'
appreciation of the evidence
presented by the parties. When the A. Doctrine of Primary
findings by the appellate court are Administrative Jurisdiction (or
contrary to those of the RTC, this Prior Resort)
Court is called upon to reevaluate
such factual findings [Bacani v. The doctrine of primary jurisdiction applies only
Madio, G.R. No. 218637, (2023)]. where the administrative agency exercises its
4. Decision of the agency was rendered by quasi-judicial or adjudicatory function. Thus, in
an almost divided agency and that the cases involving specialized disputes, the
division was precisely on the facts as practice has been to refer the same to an
borne out by the evidence [Gonzales v. administrative agency of special competence
Victory Labor Union, G.R. No. L-23256 pursuant to the doctrine of primary jurisdiction.
(1969)]. The courts will not determine a controversy
involving a question which is within the
jurisdiction of the administrative tribunal prior to
the resolution of that question by the
administrative tribunal, where the question
Page 246 of 384
demands the exercise of sound administrative The doctrine of primary jurisdiction does not
discretion requiring the special knowledge, warrant a court to arrogate unto itself authority
experience and services of the administrative to resolve a controversy the jurisdiction over
tribunal to determine technical and intricate which is initially lodged with an administrative
matters of fact, and a uniformity of ruling is body of special competence [Vidad v. RTC,
essential to comply with the premises of the G.R. No. 98084 (1993)].
regulatory statute administered [Smart
Communications v. NTC, supra]. Rationale
Two (2) reasons have been given for the rule:
It can only occur where there is a concurrence 1. To take full advantage of administrative
of jurisdiction between the court and the expertness; and
administrative agency. 2. To attain uniformity of application of
regulatory laws which can be secured only
It is a question of the court yielding to the if determination of the issue is left to the
agency because of the latter’s expertise, and administrative body [De Leon].
does not amount to ouster of the court [Texas
& Pacific Railway v. Abilene, 204 U.S. 426 In this era of clogged docket courts, the need
(1907)]. for specialized administrative boards with the
special knowledge and capability to hear and
It may occur that the Court has jurisdiction to determine promptly disputes on technical
take cognizance of a particular case, which matters has become well-nigh indispensable.
means that the matter involved is also judicial Between the power lodged in an administrative
in character. However, if the determination of body and a court, the unmistakable trend has
the case requires the expertise, specialized been to refer it to the former [GMA v. ABS CBN,
skills and knowledge of the proper G.R. No. 160703 (2005)].
administrative bodies because technical
matters or intricate questions of facts are The objective of the doctrine of primary
involved, then relief must first be obtained in an jurisdiction is to guide a court in determining
administrative proceeding before a remedy will whether it should refrain from exercising its
be supplied by the courts even though the jurisdiction until after an administrative agency
matter is within the proper jurisdiction of a court has determined some question or some aspect
[Industrial Enterprises, Inc. v. CA, G.R. No. of some question arising in the proceeding
88550 (1990)]. before the court [Smart v. NTC, supra].
Administrative agencies are given a wide Requisites

latitude in the evaluation of evidence and in the 1. An administrative body and a regular court
exercise of their adjudicative functions, latitude have concurrent and original jurisdiction;
which includes the authority to take judicial 2. Question to be resolved requires expertise
notice of facts within their special competence of administrative agency;
[Quiambao v. CA, G.R. No. 128305 (2005)]. 3. Legislative intent on the matter is to have
uniformity in rulings;
The doctrine of primary jurisdiction applies 4. Administrative agency is performing a
where a claim is originally cognizable in the quasi-judicial or adjudicatory function (not
courts, and comes into play whenever rulemaking or quasi-legislative function)
enforcement of the claim requires the [Smart v. NTC, supra].
resolution of issues which, under a regulatory
scheme, have been placed within the special Effect
competence of an administrative body; in such The judicial process is suspended pending
case, the judicial process is suspended referral of such issues to the administrative
pending referral of such issues to the body for its view [Smart v. NTC, supra].
administrative body for its view [Industrial
Enterprises, Inc. v. CA, supra]. Failing to exhaust administrative remedies
affects the party's cause of action as these
Page 247 of 384

remedies refer to a precedent condition which performance of its quasi-legislative
must be complied with prior to filing a case in function [Smart v. NTC, supra].
court [Republic v. Gallo, G.R. No. 207074,
(2018)]. c. When the issue involved is clearly a
factual question that does not require
All the proceedings of the court in violation of specialized skills and knowledge for
the doctrine and all orders and decisions resolution to justify the exercise of primary
rendered thereby are null and void [Province of jurisdiction.
Aklan v. Jody King Construction and
Development Corp., G.R. Nos. 197592 B. Doctrine of Exhaustion of
& 202623 (2013)].
Administrative Remedies
Does not per se have the effect of restraining
or preventing the courts from the exercise of General Rule
their lawfully conferred jurisdiction. A contrary Recourse through court action cannot prosper
rule would unduly expand the doctrine of until after all such administrative remedies
primary jurisdiction [Conrad and Co., Inc. v. have first been exhausted. If remedy is
CA, G.R. No. 115115 (1995)]. available within the administrative machinery,
this should be resorted to before resort can be
While no prejudicial question strictly arises made to courts [Teotico v. Baer, G.R. No.
where one is a civil case and the other is an 147464 (2006)].
administrative proceeding, in the interest of
good order, it behooves the court to suspend Under the doctrine of exhaustion of
its action on the cases before it pending the administrative remedies, a party must first avail
final outcome of the administrative proceedings of all administrative processes available before
[Vidad v. RTC, supra]. seeking the courts' intervention. The
administrative officer concerned must be given
Note: The court may raise the issue of primary every opportunity to decide on the matter within
jurisdiction sua sponte and its invocation his or her jurisdiction [Republic v. Gallo, supra].
cannot be waived by the failure of the parties to
argue it as the doctrine exists for the proper Where the law has delineated the procedure by
distribution of power between judicial and which administrative appeal or remedy could
administrative bodies and not for the be effected, the same should be followed
convenience of the parties [Euro-Med before recourse to judicial action can be
Laboratories Phil., Inc. v. Province of initiated [Pascual v. Provincial Board, G.R. No.
Batangas, G.R. No. 148106 (2006)]. L-11959 (1959)].
When applicable Requisites

The doctrine applies only where the 1. The administrative agency is performing a
administrative agency exercises its quasi- quasi-judicial function;
judicial or adjudicatory function [Smart v. NTC, 2. Judicial review is available; and
supra]. 3. The court acts in its appellate jurisdiction.
When not applicable Rationale

a. When the issue is not within the One of the reasons for exhaustion of
competence of the administrative body to administrative remedies is the well-entrenched
act on (e.g., pure questions of law, over doctrine on separation of powers, which
which the expertise is with the courts); enjoins upon the Judiciary a policy of non-
interference with matters falling primarily (albeit
b. Regular courts have jurisdiction in cases not exclusively) within the competence of other
where what is assailed is the validity or departments. Courts, for reasons of law, comity
constitutionality of a rule or regulation and convenience, should not entertain suits
issued by the administrative agency in the unless the available administrative remedies
Page 248 of 384

have first been resorted to and the proper apply when the issue deals with a
authorities have been given an appropriate question of law [Philippine Ports
opportunity to act and correct their alleged Authority v. Pambansang Tinig at
errors, if any, committed in the administrative Lakas ng Pantalan (PANTALAN),
forum [Antolin v. Domondon, G.R. No. 165036 G.R. Nos. 192836 & 194889 (2022)].
(2010)]. 3. No other plain, speedy, and adequate
remedy.
1. Legal Reason
The law prescribes a procedure. This list has been expanded by case law to
include:
2. Practical Reason 1. Purely legal questions [Castro v.
To ensure that disputes involving technical and Secretary, G.R. No. 132174 (2001)]
specialized matters are first resolved by the 2. There is grave doubt as to the availability
body which has the expertise and competence of the administrative remedy [Pascual v.
to resolve them, and, in most cases, to give the Provincial Board, supra].
agency a chance to correct its own errors and 3. Steps to be taken are merely matters of
prevent unnecessary and premature resort to form [Pascual v. Provincial Board, supra].
the courts. It also entails lesser expenses and 4. The administrative remedy not exclusive
provides for a speedier disposition of but merely cumulative or concurrent to a
controversies. judicial remedy [Pascual v. Provincial
Board, supra].
3. Reasons of Comity 5. There are circumstances indicating
Expedience, courtesy, convenience. urgency of judicial intervention [DAR v.
Apex Investment, G.R. No. 149422
The doctrine of exhaustion of administrative (2003)].
6. The rule does not provide plain, speedy,
remedies requires that, for reasons of law,
comity and convenience, where the enabling adequate remedy [Information
Technology Foundation v. COMELEC,
statute indicates a procedure for administrative
review and provides a system of administrative G.R. No. 159139 (2004)].
7. Resort to exhaustion will only be
appeal or reconsideration, the courts will not
oppressive and patently unreasonable
entertain a case unless the available
administrative remedies have been resorted to [Cipriano v. Marcelino, G.R. No. L-27793
(1972)].
and the appropriate authorities have been
given an opportunity to act and correct the 8. Where the administrative remedy is only
permissive or voluntary and not a
errors committed in the administrative forum
[Obiasca v. Basallote, G.R. No. 176707, prerequisite to the institution of judicial
proceedings [Corpus v. Cuaderno, Sr.,
(2010)].
G.R. No. L-17860 (1962)].
9. Application of the doctrine will only cause
4. Separation of Powers great and irreparable damage which
Enjoins upon the Judiciary a policy of non-
cannot be prevented except by taking the
interference with matters falling primarily (albeit
appropriate court action [De Lara, Jr. v.
not exclusively) within the competence of other
Cloribel, G.R. No. L-21653 (1965)].
departments.
10. When it involves the rule-making or
quasi-legislative functions of an
Exceptions administrative agency [Smart v. NTC,
The exceptions may be condensed into three: supra].
1. Grave abuse of discretion; 11. When the administrative agency is in
2. Pure question of law; or estoppel [Republic v. Sandiganbayan,
● We held that the issue on the proper supra].
interpretation of Section 12 of RA 12. Doctrine of qualified political agency
6758 involves a question of law. The (respondent is a department secretary
doctrine of exhaustion of whose acts as an alter ego of the
administrative remedies does not
Page 249 of 384
President bears the implied and assumed if a remedy within the administrative machinery
approval of the latter) [Demaisip v. CA, can still be resorted to by giving the
G.R. No. L-13000 (1959); Pagara v. CA, administrative officer concerned every
G.R. No. 96882 (1996)]. opportunity to decide on a matter that comes
13. The subject of controversy is private land within his jurisdiction then such remedy should
in land case proceedings [Soto v. Jareno, be exhausted first before the court's judicial
G.R. No. L-38962 (1986)]. power can be sought. The premature
14. Violation of due process [Pagara v. CA, invocation of court's intervention is fatal to
supra]. one's cause of action. Accordingly, absent any
15. Where there is unreasonable delay or finding of waiver or estoppel the case is
official inaction that will irretrievably susceptible of dismissal for lack of cause of
prejudice the complainant [Republic v. action [Montanez v. Provincial Agrarian Reform
Sandiganbayan, supra]. Adjudicator et. al., G.R. No. 183142 (2009)].
16. Administrative action is patently illegal
amounting to lack or excess of jurisdiction Failure to observe the doctrine of exhaustion of
[DAR v. Apex Investment, supra]. administrative remedies does not affect the
17. Resort to administrative remedy will Court’s jurisdiction. The only effect of non-
amount to a nullification of a claim [Paat compliance with this rule is that it will deprive
v. CA, G.R. No. 111107 (1997); Alzate v. the complainant of a cause of action, which is
Aldana, G.R. No. L- 14407 (1960)]. a ground for a motion to dismiss. If not invoked
18. There is no administrative review at the proper time, this ground is deemed
provided for by law [Estrada v. CA, G.R. waived and the court can then take cognizance
No. 137862 (2004)]. of the case and try it [Soto v. Jareno, G.R. No.
19. The issue of non-exhaustion of L-38962 (1986)].
administrative remedies has been
rendered moot [included in the Must be raised at the earliest time
enumeration in Estrada v. CA, supra]. possible
20. When the claim involved is small Exhaustion must be raised at the earliest time
21. When strong public interest is involved. possible, even before filing the answer to the
22. In quo warranto proceedings [included in complaint or pleading asserting a claim, by a
the enumeration in Lopez v. City of motion to dismiss [Calub v. Court of Appeals,
Manila, G.R. No. 127139 (1999)]. G.R. No. 115634 (2000)].
23. The law expressly provides for a different
review procedure [Samahang If not invoked at the proper time, this ground is
Magbubukid v. CA, G.R. No. 103953 deemed waived and the court can take
(1999)]. cognizance of the case and try it [Republic v.
24. When there is no express legal provision Sandiganbayan, G.R. Nos. 112708-09 (1996)].
requiring such administrative step as a
condition precedent to taking action in When appeals to the Office of the
court [CSC v. DBM, G.R. No. 158791 President are required
(2005)]. A decision or order issued by a department or
agency need not be appealed to the Office of
Effect of failure to exhaust administrative the President (OP) when there is a special law
remedies that provides for a different mode of appeal. If
A direct action in court without prior exhaustion the law does not provide for a specific relief,
of administrative remedies, when required, is appeals may be taken to the Office of the
premature, warranting its dismissal on a motion President [Moran v. Office of the President,
to dismiss grounded on lack of cause of action. G.R. No. 192957 (2014)].
Before a party is allowed to seek the When OP is not exercising quasi-judicial

intervention of the court, it is a pre-condition functions
that he should have availed of all the means of When the OP itself represents a party, i.e., the
administrative processes afforded him. Hence, Republic, to a contract, it merely exercises a
Page 250 of 384
contractual right by cancelling/revoking said longer premature that we ascertain in proper
agreement — a purely administrative action cases whether the administrative findings are
which should not be considered quasi-judicial not in violation of law, whether they are free
in nature. Thus, absent the OP's proper from fraud or imposition and whether they find
exercise of a quasi-judicial function, the CA has substantial support from the evidence.
no appellate jurisdiction over the case [Narra [Matienzo v. Abellera, G.R. No. L-45839
Nickel Mining and Development Corp. v. (1988)]
Redmont Consolidated Mines Corp., G.R. No.
202877 (2015)]. Where administrative agencies have original
jurisdiction in the premises, the court's
interference with administrative action is
Doctrine of Doctrine of
necessarily limited. A review thereof cannot be
Exhaustion of Primary
done through an ordinary civil action if
Administrative Administrativ
constitutional or legislative authority therefor is
Remedies e
wanting. The remedies that can be availed of
Jurisdiction
where the statute is silent are the special civil
Appellate Concurrent actions for certiorari, prohibition and/or
original mandamus specified in the Rules of Court.
Jurisdictio [Macailing v. Andrada, G.R. No. L-21607
jurisdiction
n of Court (1970)].
with admin
body
Exhaustion The court

of yields to the Effect
administrativ jurisdiction of We dismissed Jose's petition primarily
Ground for because it was "clearly premature, speculative,
e remedy is the
Non- and purely anticipatory, based merely on
a condition administrative
exercise of newspaper reports which do not show any
precedent. agency
Jurisdictio direct or threatened injury," it appearing that
because of its
n the reorganization of the Bureau of Customs
specialized
knowledge or had not been, then, set in motion [Dario v.
expertise. Mison, G.R. No. 81954, 8196, 85335, 86241
(1989) citing Jose v. Arroyo, G.R. L-78435,
Court Dismiss. Suspend (1987)].
Action judicial action.
Purely Administrative Matters
General Rule: It is a well-recognized rule that
Waivable. Cannot be purely administrative and discretionary
Waivability
waived. functions may not be interfered by the courts.
[De Leon].
Note: Both do not apply where the issue
involves purely a question of law there being no In general, courts have no supervising power
question of fact and no question requiring over the proceedings and actions of the
expert judgment [De Leon]. administrative departments of the government.
This is generally true with respect to acts
involving the exercise of judgment or
C. Doctrine of Finality of discretion, and findings of act. Findings of fact
Administrative Action by an administrative board, agency or official,
following a hearing, are binding upon the courts
General Rule and will not be disturbed [Lianga Bay Logging,
The court does not interfere, as a rule, with Co., Inc. v. Enage, G.R. No. L-30637, (1987)].
administrative action prior to its completion or
finality. It is only after judicial review is no
Page 251 of 384
Exception: Where the board, agency or official
has gone beyond his statutory authority,
exercised unconstitutional powers or clearly
acted arbitrarily and without regard to his duty
or with grave abuse of discretion [Lianga Bay
Logging, Co., Inc. v. Enage, supra].
Exception to Doctrine of Finality [De Leon]:

1. An interlocutory order affecting the merits
of a controversy;
2. To grant relief to preserve the status quo
pending further action by the
administrative agency;
3. When it is essential to the protection of the
rights asserted from the injury threatened;
4. Where an administrative officer assumes
to act in violation of the Constitution and
other laws;
5. Where such order is not reviewable in any
other way and the complainant will suffer
great and obvious damage if the order is
carried out;
6. To an order made in excess of power,
contrary to specific prohibition in the
statute governing agency and thus
operating as a deprivation of a right
assured by the statute;
7. When statutory provisions provide for an
exception.
Page 252 of 384

ELECTION LAW
INTERNATIONAL LAW
ELECTION LAW POLITICAL LAW
i. Initiative on the Constitution which refers
to a petition proposing amendments to the
ELECTION LAW Constitution
Amendments to the Constitution may likewise

I. SUFFRAGE be directly proposed by the people through
initiative upon a petition of at least twelve per
A. Concept centum of the total number of registered voters,
of which every legislative district must be
1. Definition represented by at least three per centum of the
Suffrage is the right to vote in the election of registered voters therein. No amendment to the
officers chosen by the people and in the Constitution shall be authorized within five
determination of questions submitted to the years following its ratification nor oftener than
people. once every five years thereafter.
2. Scope The Congress shall provide for the

implementation of the exercise of this right
[Sec. 2, Art. XVII, 1987 Constitution].
a. Election
The means by which the people choose their
The constitutional provision on people’s
officials for a definite and fixed period and to
initiative to amend the Constitution can only be
whom they entrust for the time being the
implemented by law to be passed by Congress.
exercise of the powers of government.
No such law has been passed. R.A. No. 6735
is incomplete, inadequate, or wanting in
Elections may either be:
essential terms and conditions insofar as
a. Regular: One provided by law for the
initiative on amendments to the Constitution is
election of officers either nationwide or in
concerned [Defensor-Santiago v. COMELEC,
certain subdivisions thereof, after the
G.R. No. 127325 (1997)].
expiration of the full term of the former
officers.
Sec. 2, Art. XVII of the Constitution is limited to
b. Special: One held to fill a vacancy before
proposals to amend—not to revise—the
the expiration of the term for which the
Constitution [Lambino v. COMELEC, G.R. No.
incumbent was elected.
174153 (2006)].
Note: The SK election is not a regular election
ii. Initiative on statutes which refers to a
(whether national or local) because it is
petition proposing to enact a national
participated in by the youth with ages ranging
legislation
from 15 to 21, many of whom are not qualified
to vote in a regular election [Paras v.
iii. Initiative on local legislation which refers
COMELEC, G.R. No. 123169 (1996)].
to a petition proposing to enact a regional,
provincial, city, municipal, or barangay law,
b. Plebiscite resolution, or ordinance.
The electoral process by which an initiative on
the Constitution is approved or rejected by the
d. Referendum
people [Sec. 3(e), R.A. 6735].
The power of the electorate to approve or reject
c. Initiative
a legislation through an election called for the
The power of the people to propose
purpose. It may be of two classes.
amendments to the Constitution or to propose
and enact legislations through an election
i. Referendum on statutes which refers to a
called for the purpose. There are three (3)
petition to approve or reject an act or law,
systems of initiative [Sec. 3(a), R.A. 6735].
or part thereof, passed by Congress
Page 254 of 384

ii. Referendum on local law which refers to if failure to comply with the biometrics
a petition to approve or reject a law, validation requirement will result in the
resolution or ordinance enacted by regional deactivation of the voter’s registration (under
assemblies and local legislative bodies R.A. No. 10367 or the Biometrics Law of 2013),
[Sec. 3(c), R.A. No. 6735] it is not unconstitutional. The requirement is a
“mere aspect of the registration procedure, of
e. Recall which the State has the right to reasonably
regulate” [Kabataan Partylist v. COMELEC,
The termination of the official relationship of a supra].
local elective official for loss of confidence prior
to the expiration of his term through the will of 2. Qualifications in General
the electorate [Sec. 69, LGC].
a. Filipino citizen by birth or
B. Qualification and naturalization
Disqualification of Voters
b. At least 18 years of age at the time of
1. Under Sec. 1, Art. V, 1987 the election
Any person, who, on the day of registration
Constitution
may not have reached the required age or
period of residence but, who, on the day of the
Suffrage may be exercised by all citizens of the
election shall possess such qualifications, may
Philippines, not otherwise disqualified by law,
register as a voter [Sec. 9, R.A. No. 8189].
who are at least eighteen years of age, and
who shall have resided in the Philippines for at
least one year and in the place wherein they
c. Resident of the Philippines for at
propose to vote, for at least six months least one (1) year
immediately preceding the election. No
literacy, property, or other substantive There is nothing wrong in an individual
requirement shall be imposed on the exercise changing residence so he could run for an
of suffrage [Sec. 1, Art. V, 1987 Constitution]. elective post, for as long as he is able to prove
that he has effected a change of residence for
The Congress is prohibited under the the period required by law [Aquino v.
Constitution from imposing additional COMELEC, G.R. No. 120265 (1995)].
substantive requirements for voting like
education, sex, and taxpaying ability, but A candidate does not automatically regain his
Congress may add procedural requirements by residence after the retention or reacquisition of
promulgation of the necessary laws. Philippine citizenship under R.A. No. 9225. He
must still establish the fact of residence
Congress may impose limitations on the [Caballero v. COMELEC, G.R. No. 209835
statutory right of suffrage. The provision under (2015)].
Sec. 1, Art. V, 1987 Constitution (that no
literacy, property, or other substantive d. Resident of the place wherein they
requirement shall be imposed on the exercise propose to vote for at least six (6)
of suffrage) is merely “geared towards the months immediately preceding the
elimination of irrelevant standards that are election
purely based on socio-economic
considerations that have no bearing on the Any person who temporarily resides in another
right of a citizen to intelligently cast his vote and city, municipality, or country solely by any of the
to further the public good” [Kabataan Partylist following reasons shall not be deemed to have
v. COMELEC, G.R. No. 221318 (2015)]. lost his original residence:
i. Occupation, profession, employment in
Biometrics validation requirement is not an private or public service;
unconstitutional substantive requirement. Even ii. Educational activities;
Page 255 of 384

iii. Work in the military or naval reservations Note: The right to vote shall be automatically
within the Philippines; reacquired upon expiration of five (5) years
iv. Service in the Armed Forces of the after service of sentence.
Philippines or the National Police Forces;
v. Confinement or detention in government iii. Insane or incompetent persons declared as
institutions in accordance with law [Sec. 9, such by competent authority.
R.A. No. 8189].
Exception: Unless subsequently declared by
It is not necessary that a person should have a proper authority that such person is no longer
house in order to establish his residence or insane or incompetent.
domicile in a municipality. It is enough that he
should live there, provided that his stay is C. Registration and Deactivation
accompanied by his intention to reside therein
permanently [Romualdez-Marcos v.
1. Registration of Voters
COMELEC, G.R. No. 119976 (1995)].
The act of accomplishing and filing of a sworn
application for registration by a qualified voter
In election cases, the Court treats domicile and
before the election officer of the city or
residence as synonymous terms. Both import
municipality wherein he resides and including
not only an intention to reside in a fixed place
the same in the book of registered voters upon
but also personal presence in that place,
approval by the Election Registration Board
coupled with conduct indicative of such
[Sec. 3(a), R.A. No. 8189].
intention [Pundaodaya v. COMELEC, G.R. No.
179313 (2009)].
It is essential to the exercise of the right of
suffrage, not the possession thereof. It is part
e. Not otherwise disqualified by law of the right to vote and an indispensable
element in the election process.
3. Disqualifications in General
The following shall be disqualified from Condition Precedent
registering [Sec. 11, R.A. No. 8189]: Registration does not confer the right to vote
but it is a condition precedent to the exercise of
i. Any person who has been sentenced by the right [Yra v. Abano, G.R. No. L-30187
final judgment to suffer imprisonment of not (1928)].
less than one (1) year, such disability not
having been removed by plenary pardon or Registered voter
amnesty. In order that a qualified elector may vote in any
election, plebiscite, or referendum, he must be
Note: The right to vote shall be automatically registered in the Permanent List of Voters for
reacquired upon expiration of five (5) years after the city or municipality in which he resides
service of sentence. [Sec. 115, B.P. Blg. 881].
ii. Any person who has been adjudged by final Rationale for registration requirements,
judgment by a competent court or tribunal of qualifications, and disqualifications
having committed any crime: The right to vote is a right created by law.
a. Involving disloyalty to the duly Suffrage is a privilege granted by the State to
constituted government such as such persons or classes as are most likely to
rebellion, sedition, violation of the exercise it for the public good [People v. Corral,
firearms laws; or G.R. No. L-42300 (1936)].
b. Against national security Exception:
Unless restored to his full civil and Proceeding from the significance of registration
political rights in accordance with law. as a necessary requisite to the right to vote, the
State undoubtedly, in the exercise of its
inherent police power, may then enact laws to
safeguard and regulate the act of voter’s
Page 256 of 384
registration for the ultimate purpose of degree of consanguinity or affinity. If in
conducting honest, orderly and peaceful succeeding elections, any of the newly elected
election [Akbayan-Youth v. COMELEC, G.R. city or municipal officials is related to a member
No. 147066 (2001)]. of the board within the fourth civil degree of
consanguinity or affinity, such member is
Qualification must be distinguished from automatically disqualified to preserve the
registration integrity of the Election Registration Board
Registration regulates the exercise of the right [Sec. 15, R.A. No. 8189].
of suffrage and is not a qualification for such
right. Registration is only one step towards Board of Election Inspectors
voting, and it is not one of the elements that The body which conducts the election in the
makes a citizen a qualified voter. Thus, polling place of the precinct usually composed
although one is deemed to be a “qualified of three (3) public school teachers appointed
elector,” he must nonetheless still comply with by the Commission [Sec. 3(o), R.A. No. 8189].
the registration procedure in order to vote
[Kabataan Party List v. COMELEC, G.R. No. b. System of Continuing Registration of
221318 (2015)]. Voters
The personal filing of application of registration
a. Election Registration Board (ERB) of voters shall be conducted daily in the office
The body constituted to act on all applications of the Election Officer during regular office
for registration [Sec. 3(g), R.A. No. 8189]. hours [Sec. 8, R.A. No. 8189].
There shall be in each city and municipality as Exception (when registration is prohibited):
many ERBs as there are election officers Within 120 days before a regular election and
therein [Sec. 15, R.A. No. 8189]. 90 days before a special election. COMELEC
Resolution 8585, which set the deadline for
Composition of the ERB [Sec. 15, R.A. No. voter registration to Oct. 31, 2009 (election was
8189] May 10, 2010, or more than 120 days), was
1. Election Officer, who serves as the declared null and void because Sec. 8 of R.A.
Chairman. If disqualified, COMELEC shall 8189 has determined that the period of 120
designate an acting Election Officer; days before a regular election and 90 days
2. Public school official most senior in rank; before a special election is enough time for the
and COMELEC to make all the necessary
3. Local civil registrar, or in his absence, the preparations with respect to the coming
city or municipal treasurer. If neither are elections. COMELEC is granted the power to
available, any other appointive civil fix other periods and dates for preelection
service official from the same locality as activities only if the same cannot be reasonably
designated by the COMELEC [Sec. 15, held within the period provided by law. There is
R.A. No. 8189]. no ground to hold that the mandate of
continuing voter registration cannot be
In case of disqualification of the Election reasonably held within the period provided by
Officer, the Commission shall designate an Sec. 8 of R.A. 8189 [Palatino v. COMELEC,
acting Election Officer who shall serve as G.R. No. 189868 (2009)].
Chairman of the Election Registration Board. In
case of disqualification or non-availability of the c. Validation
Local Registrar or the Municipal Treasurer, the The process of taking the biometrics of
Commission shall designate any other registered voters whose biometrics have not
appointive civil service official from the same yet been captured [Sec. 2(d), R.A. No. 10367,
locality as substitute. An Act Providing for Mandatory Biometrics
Voter Registration].
No member of the Board shall be related to
each other or to any incumbent city or
municipal elective official within the fourth civil
Page 257 of 384

d. Manner of Registration for Illiterate or 4. Annulment of Book of Voters [Sec. 39,
Disabled Voters [Sec. 14, R.A. No. 8189] R.A. No. 8189]
5. New voters [Sec. 10, R.A. No. 8189]
Illiterate Persons 6. Transfer of Residence [Sec. 12-13, R.A.
With the assistance of the Election Officer or No. 8189]
any member of an accredited citizen’s arms.
1. Deactivation
Physically Disabled Persons Process of deactivating the registration of
Application for registration may be prepared certain persons, removing their registration
by: records from the corresponding precinct book
1. Any relative within the 4th civil degree of of voters and placing the same in the inactive
consanguinity or affinity; file, properly marked “deactivated” and dated in
2. The Election Officer; or indelible ink [Sec. 27, R.A. 8189].
3. Any member of an accredited citizen’s arm
2. Reactivation [Sec. 28, R.A. 8189]
Note: Definition of disabled voter under the Any voter whose registration has been
Automated Election System (AES): A person deactivated may file with the Election Officer a
with impaired capacity to use the AES [Sec. sworn application for reactivation of his
2(11), R.A. No. 9369]. registration in the form of an affidavit stating
that the grounds for the deactivation no longer
Book of Voters exist.
The compilation of all registration records in a
precinct [Sec. 3(c), R.A. No. 8189]. The application for reactivation may be filed
any time but not later than one hundred twenty
List of Voters (120) days before a regular election and ninety
An enumeration of names of registered voters (90) days before a special election.
in a precinct duly certified by the Election
Registration Board for use in the election [Sec. The Election Officer shall submit said
3(c), R.A. No. 8189]. application to the Election Registration Board
for appropriate action. In case the application
The ERB shall prepare and post a certified list is approved, the Election Officer shall retrieve
of voters 90 days before a regular election and the registration record from the inactive file and
60 days before a special election [Sec. 30, R.A. include the same in the corresponding precinct
No. 8189]. book of voters.
Copies of the certified list along with a certified Local heads or representatives of political
list of deactivated voters categorized by parties shall be properly notified on approved
precinct per barangay, within the same period applications.
shall be posted in the office of the Election
Officer and in the bulletin board of each Ground for Specific Mode of
city/municipal hall. Upon payment of the fees Deactivation Reactivation
as fixed by the Commission, the candidates
and heads shall also be furnished copies Sec. 27, R.A. No. 8189
thereof [Sec. 30, R.A. No. 8189].
e. When the List of Voters will be Altered Any person who has Right to vote is
been sentenced by automatically
1. Deactivation/Reactivation [Secs. 27- 28,
final judgment to reacquired upon
R.A. No. 8189]
suffer imprisonment expiration of five (5)
2. Exclusion/Inclusion [Secs. 34-35, R.A. No.
for not less than one years after service of
8189]
(1) year. sentence as certified
3. Cancellation of Registration [Sec. 29, R.A.
by the clerks of
No. 8189]
Except: If such courts of the
Page 258 of 384

Ground for Specific Mode of Ground for Specific Mode of

Deactivation Reactivation Deactivation Reactivation
disability is removed Municipal, Municipal preceding regular

by plenary pardon or Circuit, Metropolitan, elections as shown
amnesty. Regional Trial by their voting
Courts, and the records.
Sandiganbayan.
Note: For this
Any person who has General mode of purpose, regular
been adjudged by reactivation. elections do not
final judgment by a include the
competent court or Sangguniang
tribunal of having Kabataan (SK)
caused/committed: elections
(i) any crime Any person whose

involving disloyalty registration has
to the duly been ordered
constituted excluded by the
government such as Court.
rebellion, sedition,
violation of the anti- Any person who has
subversion and lost his Filipino
firearms laws; or citizenship.
(ii) any crime against 3. Cancellation of Registration

national security. The Board shall cancel the registration records
of those who have died as certified by the Local
Except: If full civil Civil Registrar [Sec. 29, R.A. No. 8189].
and political rights is
restored in The Local Civil Registrar shall:
accordance with law. i. Submit each month a certified list of persons
who died during the previous month to the
Any person declared
Election Officer of the place where the
by competent
deceased are registered or in the absence
authority to be
of information thereof, to the Election Officer
insane or
of the city or municipality of the deceased’s
incompetent.
residence as appearing in his death
certificate;
Exception: If such
ii. Furnish a copy of this list to the national
disqualification has
central file and the proper provincial file.
been subsequently
removed by a
The Election Officer shall:
declaration of a
i. Post in the bulletin board of his office a list
proper authority that
of those persons who died whose
such person is no
registrations were cancelled;
longer insane or
ii. Furnish copies thereof to the local heads of
incompetent.
the political parties, the national central file,
Any person who did and the provincial file
not vote in the two
(2) successive
Page 259 of 384

4. Annulment of Book of Voters change of address involves a change in
The COMELEC shall, upon verified petition of precinct, the Board shall transfer his
any voter or election officer or duly registered registration record to the precinct book of
political party, and after notice and hearing, voters of his new precinct and notify the voter
annul any book of voters that is: of his new precinct [Sec. 13, R.A. No. 8189].
a. Not prepared in accordance with R.A.
8189 or the Voters’ Registration Act of Challenges to Right to Register
1996; Oppositions to contest a registrant’s
b. Prepared through fraud, bribery, forgery, application for inclusion in the voter’s list [Sec.
impersonation, intimidation, force, or any 13, R.A. No. 8189].
similar irregularity; or
c. Contains data that are statistically By: Any voter, candidate, or representative of
improbable. a registered political party.
No order, ruling or decision annulling a book of Form:

voters shall be executed within 90 days before i. In writing, stating the grounds therefor;
an election [Sec. 39, R.A. No. 8189]. ii. Under oath;
iii. Attached to the application, together with
5. New Voters the proof of notice of hearing to the
A qualified voter shall be registered in the challenger and the applicant.
permanent list of voters in a precinct of the city
or municipality wherein he resides to be able to When filed: Not later than the second Monday
vote in any election [Sec. 10, R.A. No. 8189]. of the month in which the application is
scheduled to be heard or processed by the
6. Transfer of Residence Election Registration Board. Should the
second Monday of the month fall on a
The precinct assignment of a voter in the nonworking holiday, oppositions may be filed
permanent list of voters shall not be on the next following working day.
changed/altered/transferred to another
precinct without the express written consent of The hearing on the challenge shall be heard on
the voter. Provided, however, that the voter the third Monday of the month and the decision
shall not unreasonably withhold such consent. shall be rendered before the end of the month.
Any violation thereof shall constitute an Election Period

election offense [Sec. 4, R.A. No. 8189]. Shall commence 90 days before the day of the
election and shall end 30 days thereafter [Sec.
In case of change of residence to another city 9, Art. IX-C, 1987 Constitution].
or municipality, the registered voter may apply
with the Election Officer of his new residence Exception: Special cases, when otherwise
for the transfer of his registration records. The fixed by the COMELEC.
application for transfer of registration shall be
subject to the requirements of notice and Precinct
hearing and the approval of the Election The basic unit of territory established by the
Registration Board. Upon approval, the Commission for the purpose of voting [Sec.
Election Officer of the former residence of the 3(j), R.A. No. 8189].
voter shall transmit by registered mail the
voter’s registration record to the Election Polling Place
Officer of the voter’s new residence [Sec. 12, The place where the Board of Election
R.A. No. 8189]. Inspectors conducts its proceeding and where
the voters cast their votes [Sec. 3(l), R.A. No.
In case of change of address in the same 8189].
municipality or city, the voter shall immediately Voting Center
notify the Election Officer in writing. If the
Page 260 of 384

The building or place where the polling place is had been held had been held [Domino v.
located [Sec. 3(m), R.A. No. 8189]. COMELEC, supra].
D. Inclusion and Exclusion 2. Petition for Inclusion and Exclusion

Proceedings of Voters in the List [Secs. 34-35, R.A.
No. 8189]
1. Jurisdiction in Inclusion and
Exclusion Case [Sec. 33, R.A. No. Petition for Petition for
8189] Inclusion of Voters Exclusion of
in the List [Sec. 34, Voters in the List
The Municipal and Metropolitan Trial Courts R.A. No. 8189] [Sec. 35, R.A. No.
shall have original and exclusive jurisdiction 8189]
over all cases of inclusion and exclusion of
voters in their respective cities or When to file
municipalities.
Any time except one Any time except one
Decisions of the Municipal or Metropolitan Trial
hundred five (105) hundred (100) days
Courts may be appealed by the aggrieved
days prior to a prior to a regular
party to the Regional Trial Court within five (5)
regular election or election or sixty-five
days from receipt of notice thereof. Otherwise,
seventy-five (75) (65) days before a
said decision shall become final and executory.
days prior to a special election.
special election.
The RTC shall decide the appeal within ten (10)
days from the time it is received, and the Who may file
decision shall immediately become final and
executory. No motion for reconsideration shall
be entertained. Any person whose Any registered
application for voters,
The nature of the MTC’s jurisdiction is limited. registration has representative of a
The jurisdiction of the MTC “over exclusion been disapproved by political party or the
cases is limited only to determining the right of the Board or whose Election Officer.
the voter to (a) remain in the list of voters or (b) name has been
to declare that the challenged voter is not stricken out from the
qualified to vote in the precinct in which he is list.
registered, specifying the ground of the voters’
disqualification.” Hence, the trial court has no
power to order the change or transfer of Form
registration from one place of residence to
another for it is the function of the ERB as
provided under Section 12 of R.A. No. 8189 A petition to include A sworn petition for
[Domino v. COMELEC, G.R. No. 134015 his name in the the exclusion of a
(1999)]. permanent list of voter from the
voters in his permanent list of
Generally, no res judicata: A decision in an precinct, supported voters giving the
exclusion or inclusion proceeding, even if final by a certificate of name, address and
and unappealable, does not acquire the nature disapproval of his the precinct of the
of res judicata [Domino v. COMELEC, supra]. application and proof challenged voter,
of service of notice accompanied by
Exception: The decision is res judicata as to of his petition upon proof of notice to the
the right to remain in the list of voters or for the Board. Board and to the
being excluded therefrom for the particular challenged voter.
election in relation to which the proceedings
Page 261 of 384

Petition for Petition for Petition for Petition for

Inclusion of Voters Exclusion of Inclusion of Voters Exclusion of
in the List [Sec. 34, Voters in the List in the List [Sec. 9.3, Voters in the List
R.A. No. 8189] [Sec. 35, R.A. No. R.A. 9189 as [Sec. 9.1, R.A. 9189
8189] inserted by R.A. as inserted by R.A.
10590] 10590]
Period to Decide
proper MTC in the the City of Manila or
City of Manila or where the overseas
Within fifteen (15) Within ten (10) days where the overseas voter resides in the
days after its filing. from its filing. voter resides in the Philippines, at the
Philippines, at the petitioner’s option.
Procedure if Petition is Approved
petitioner’s option.
The Board shall The Board shall, Note: If the

place the application upon receipt of the application has been
for registration final decision, disapproved, the
previously remove the voter’s applicant or his
disapproved in the registration record authorized
corresponding book from the representative may
of voters and corresponding book file a MR before the
indicate in the of voters, enter the Resident Election
application for order of exclusion Registration Board
registration the date therein, and (RERB) within a
of the order of thereafter place the period of five (5)
inclusion and the record in the inactive days from receipt of
court which issued file. the notice of
the same. disapproval. The MR
shall be decided
within five (5) days
3. Special Rules on Overseas after its filing but not
Absentee Voters [Sec. 9.3, R.A. No. later than one
9189 as inserted by R.A. 10590; Sec. hundred twenty
9.1, R.A. 9189 as inserted by R.A. (120) days before
the start of the
10590]
overseas voting
period. The
Petition for Petition for resolution of the
Inclusion of Voters Exclusion of Resident Election
in the List [Sec. 9.3, Voters in the List Registration Board
R.A. 9189 as [Sec. 9.1, R.A. 9189 (RERB) shall be
inserted by R.A. as inserted by R.A. immediately
10590] 10590] executory, unless
reversed or set
When to file aside by the Court.
Who may file

Within ten (10) days Not later than one
from receipt of hundred eighty (180)
notice denying the days before the start Applicant. Any interested
Motion for of the overseas person.
Reconsideration voting period with
(MR), with the the proper MTC in
Page 262 of 384

c. Members of media, media practitioners,
Petition for Petition for
including the technical and support staff
Inclusion of Voters Exclusion of
who are duly registered voters and who,
in the List [Sec. 9.3, Voters in the List
on election day, may not be able to vote
R.A. 9189 as [Sec. 9.1, R.A. 9189
due to the performance of their functions
inserted by R.A. as inserted by R.A.
in covering and reporting on the elections.
10590] 10590]
Provided, that they shall be allowed to vote
Period to decide only for the positions of President, Vice
President, Senators, and Party-List
Representative [Sec. 2, R.A. No. 10380 or
Within 15 days after Within 15 days after An Act Providing for Local Absentee
its filing, but not later its filing, but not later Voting for Media];
than 120 days than 120 days d. All citizens of the Philippines abroad, who
before the start of before the start of are not otherwise disqualified by law, at
the overseas voting the overseas voting least eighteen (18) years of age on the day
period. period. of elections, may vote for President, Vice-
President, Senators and Party-List
Should the Court fail Should the Court fail Representatives, as well as in all national
to render a decision to render a decision referenda and plebiscites [Sec. 3, R.A. No.
within the prescribed within the prescribed 10590].
period, the RERB period, the ruling of
ruling shall be the RERB shall be Overseas Voting
considered affirmed. considered affirmed. Process by which qualified citizens of the
Philippines abroad exercise their right to vote
[Sec. 3(a), R.A. No. 9189, The Overseas
E. Local and Overseas Absentee Absentee Voting Act, as amended by R.A. No.
Voting [Sec. 3(a), R.A. No. 9189, 10590, The Overseas Voting Act of 2013].
The Overseas Absentee Voting Overseas Voter
Act, as amended by R.A. No. Citizen of the Philippines who is qualified to
10590, The Overseas Voting Act register and vote under this Act, not otherwise
disqualified by law, who is abroad on the day of
of 2013] elections [Sec. 3(f), R.A. No. 9189, as
amended by Sec. 2, R.A. No. 10590].
1. General Rule
A person must be physically present in the An overseas voter is presumed to be abroad
polling place whereof he is a registered voter to until she/he applies for transfer of her/his
be able to vote. registration records or requests that her/his
name be cancelled from the NROV [Sec. 12,
2. Exceptions R.A. No. 9189, as amended by Sec. 11, R.A.
a. Members of the Board of Election No. 10590].
Inspectors [Sec. 169, Omnibus Election
Code]; Covered Elections
b. Government officials and employees, Elections for President, Vice-President,
including members of AFP and PNP, who, Senators and Party-list representatives, as well
by reason of public functions and duties, as in all national referenda and plebiscites
are not in his/her place of registration on [Sec. 4, R.A. No. 9189, as amended by R.A.
election day, may vote in the No. 10590].
city/municipality where he/she is assigned
on election day. Provided, that he/she is a Personal Overseas Registration and/or
duly registered voter [Sec. 1, E.O. No. 157 Certification
or the Absentee Voting by Officers and Registration and/or certification as an overseas
Employees of Government]; voter shall be done in person at any post
Page 263 of 384

abroad or at designated registration centers Exception: If such disability has been
outside the post or in the Philippines approved removed by plenary pardon or amnesty
by the Commission [Sec. 6, R.A. No. 9189, as Provided that: the right to vote shall be
amended by R.A. No. 10590]. automatically reacquired upon the
expiration of five (5) years after service of
National Registry of Overseas Voters sentence.
(NROV)
The consolidated list prepared, approved and d. Citizen previously declared insane or
maintained by the COMELEC, of overseas incompetent by competent authority in the
voters whose applications for registration as Philippines or abroad, as verified by the
absentee voters, including those registered Philippine embassies, consulates or
voters under R.A. No. 8189 who have applied Foreign Service establishments
to be certified as absentee voters, have been concerned.
approved by the Election Registered Board,
indicating the post where the overseas voter is Exception: if such competent authority
registered [Sec. 3(e), R.A. No. 9189, as subsequently certifies that such person is
amended by R.A. No. 10590]. no longer insane or incompetent.
Resident Election Registration Board Note: R.A. No. 10590 removed the
(RERB) disqualification under RA No. 9189 of an
The in-house Election Registration Board in immigrant or a permanent resident who is
every post and in the Office for Overseas recognized as such in the host country unless
Voting, which processes, approves or he/she executes, upon registration, an affidavit
disapproves all applications for registration prepared for the purpose by the Commission
and/or certification as overseas voters, declaring that:
including the deactivation, reactivation and 1. He/she shall resume actual physical
cancellation of registration records [Sec. 3(m), permanent residence in the Philippines
R.A. No. 9189, as amended by R.A. No. not later than three (3) years from approval
10590]. of his/her registration; and
2. He/she has not applied for citizenship in
3. Qualifications another country.
a. Filipino citizen;
b. Abroad on the day of the election; F. Detainee Voting
c. At least 18 years of age on the day of the Detainee voting (either through the special
election; polling place inside jails or escorted voting)
d. Not otherwise disqualified by law [Secs. may be availed of by any registered detainee
3(f)-4, R.A. No. 9189, as amended by R.A. whose registration record is not transferred /
No. 10590]. deactivated / cancelled / deleted [Sec. 1, Rule
1, COMELEC Resolution No. 9371 (2012)].
4. Disqualifications
a. Lost their Filipino citizenship in Detainee
accordance with Philippine laws; Any person:
a. Confined in jail, formally charged for any
b. Expressly renounced their Philippine crime/s and awaiting/undergoing trial;
citizenship and who have pledged b. Serving a sentence of imprisonment for
allegiance to a foreign country [Sec. 5, less than one (1) year; or
R.A. No. 9189, as amended by R.A. No. c. Whose conviction of a crime involving
10590]; disloyalty to the duly constituted
government such as rebellion, sedition,
c. Committed and are convicted in a final violation of the firearms laws or any crime
judgment by a Philippine court or tribunal against national security or for any other
of an offense punishable by imprisonment crime is on appeal [Sec. 2, Rule 1,
of not less than one (1) year; COMELEC Resolution No. 9371 (2012)].
Page 264 of 384
Detainees who shall be eighteen years of age of the campaign period for which he filed his
on the day of election and/or are committed certificate of candidacy [Sec. 13, R.A. No.
inside the detention centers for at least six (6) 9369].
months immediately preceding the election day
may be registered as a voter. This includes any registered national, regional,
or sectoral party, organization or coalition
Detainees who are already registered voters thereof that has filed a manifestation to
may apply for transfer of registration records as participate under the party-list system which
warranted by the circumstances [Sec. 3, Rule has not withdrawn, or which has not been
2, COMELEC Resolution No. 9371 (2012)]. disqualified before the start of the campaign
period [COMELEC Res. 8758 (2010)].
Special Polling Place Inside Jail
The polling places established in jails where 1. Qualifications
detainee voters cast their votes [Sec. 2, Rule 1, Qualifications prescribed by law are continuing
COMELEC Resolution No. 9371 (2012)]. requirements and must be possessed for the
duration of the officer’s active tenure [Frivaldo
G. Escorted Voting v. COMELEC, supra; Labo v. COMELEC,
Voting Mechanism: supra].
1. For detainee voters who are residents / Constitutional Officers
registered voters of municipalities/cities a. For President and Vice-President [Secs.
other than the town/city of incarceration; 2-3 Art. VII, 1987 Constitution]
and/or 1. Natural-born citizen;
2. For detainee voters in jail facilities where 2. Registered voter;
no special polling places are established 3. Able to read and write;
[Sec. 2, Rule 1, COMELEC Resolution No. 4. At least 40 years old on day of election;
9371 (2012)]. 5. Resident of the Philippines for at least
ten (10) years immediately preceding
Requirements for Escorted Voting election day.
1. Detainee voters obtained court orders
allowing them to vote in the polling place b. For Senator [Sec. 3, Art. VI, 1987
where they are registered. Constitution]
2. It is logistically feasible on the part of the 1. Natural-born citizen;
jail/prison administration to escort the 2. 35 years old on election day;
detainee voter to the polling place where 3. Able to read and write;
he is registered. 4. Registered voter;
3. Reasonable measures shall be 5. Resident of the Philippines for at least
undertaken by the jail/prison two (2) years immediately preceding
administration to secure the safety of election day.
detainee voters, prevent their escape and
ensure public safety [Sec. 1, Rule 7, c. For Members of the House of
COMELEC Resolution No. 9371 (2012)]. Representatives [Sec. 6, Art. VI, 1987
Constitution]
II. CANDIDACY 2. 25 years old on election day;
3. Able to read and write;
4. Registered voter in district in which he
A. Qualifications and shall be elected;
Disqualifications of Candidates 5. Resident thereof for not less than one
year immediately preceding election
Candidate day.
Any person who files his certificate of d. Local Elective [Sec. 39, LGC]
candidacy within the prescribed period shall 1. Citizen of the Philippines;
only be considered as a candidate at the start
Page 265 of 384

2. Registered voter in the Barangay, On Residency
municipality, city or province, or district There is no hard and fast rule to determine a
where he intends to be elected; candidate’s compliance with residency
3. Resident therein for at least one year requirement since the question of residence is
immediately preceding election day; a question of intention. Still, jurisprudence has
4. Able to read and write Filipino or any laid down the following guidelines: (a) every
other local language or dialect; person has a domicile or residence
5. Age requirement: [See table below]. somewhere; (b) where once established, that
domicile remains until he acquires a new one;
On Citizenship and (c) a person can have but one domicile at
The law does not specify any particular date or a time [Jalosjos v. COMELEC, G.R. No.
time when the candidate must possess 191970 (2012)].
citizenship unlike that for residence and age. It
must be possessed upon proclamation or on
the day that the term begins [Frivaldo v.
COMELEC, supra].
President VP Senate House Local
Citizenship Natural-born Citizen Citizen
Registration Registered voter Registered where he/she intends to be

elected
Age 40 y.o. 35 y.o. 25 y.o. Gov/VG Mayor / Sang. SK

/Sang. VM Panlung
Panlala (ICC, sod
wigan/ CC, (ICC,
Mayor Mun.) CC,
(HUC)/ Mun)/
VM Sang.
(HUC)/ Bayan/
Sang. P.Brgy./
Panlung Sang.
sod Brgy.
(HUC)
23 y.o. 21 y.o. 18 y.o. 18-24

y.o.
Residence 10 years 2 years 1 year
Qualifications Able to read and write
Term 6 years 3 years
No. of Terms None 2 2 3
2. Disqualifications Sec. 12. Disqualifications to be a candidate

and to hold any office
Under the Omnibus Election Code (B.P. Blg. Any person who has been:
881) a. Declared by competent authority insane or
incompetent; or
b. Sentenced by final judgment:
Page 266 of 384

1. For subversion, insurrection, rebellion; participation in any campaign, or the
2. For any offense for which he has been casting of any vote, or any promise of
sentenced to a penalty of more than such registration, campaign, vote, or
eighteen months; or omission therefrom [Sec. 261(e)];
3. For a crime involving moral turpitude. 6. Unlawful electioneering [Sec. 261(k)];
7. Violated the prohibition against
Note: As to disqualifications under Sec. 12: release, disbursement or expenditure
a. These will not apply if the person has been of public funds 45 days before a regular
given plenary pardon or amnesty. election or 30 days before a special
b. These are deemed removed upon election [Sec. 261(v)];
declaration by competent authority that 8. Solicited votes or undertook
the insanity/incompetence has been propaganda on election day for or
removed, or after the expiration of a period against any candidate or any political
of 5 years from service of sentence. party within the polling place or within a
30m radius [Sec. 261(k)];
Sec. 68. Disqualifications from continuing f. Is a permanent resident of or an immigrant
as a candidate, or if he has been elected, to a foreign country [unless he has waived
from holding the office such status in accordance with the
Any candidate who, in an action or protest in residency requirement for the concerned
which he is a party is declared by final decision position].
of a competent court guilty of, or found by the
Commission of: Under the Local Government Code [Sec. 40,
a. Having given money or other material R.A. No. 7160]
consideration to influence, induce or a. Sentenced by final judgment for an
corrupt voters or public officials performing offense:
electoral functions; 1. Involving moral turpitude; or
b. Committed acts of terrorism to enhance 2. Punishable by at least 1-year
his candidacy; imprisonment.
c. Spent in his election campaign an amount
in excess of that allowed; b. Removed from office as a result of an
d. Solicited, received or made prohibited administrative case
contributions; This disqualification does not retroactively
e. Violated provisions of the Omnibus apply to those who were removed from
Election Code, specifically: office as a result of an administrative case
1. Engaged in election campaign or before the effectivity of the LGC [Grego v.
partisan political activity outside the COMELEC, G.R. No. 125955 (1997)].
campaign period and not pursuant to a
political party nomination [Sec. 80]; c. Convicted by final judgment for
2. Removed, destroyed, defaced lawful violating the oath of allegiance to the
election propaganda [Sec. 83]; Republic of the Philippines
3. Engaged in prohibited forms of election
propaganda [Sec. 85]; d. Dual citizenship
4. Violated election rules and regulations Dual citizenship as a disqualification under
on election propaganda through mass Section 40(d) of the Local Government
media [Sec. 86]; Code has been interpreted to refer to
5. Threatened, intimidated, caused, citizens with dual allegiance. For
inflicted or produced any violence, candidates with mere dual citizenship, the
injury, punishment, damage, loss or filing of certificate of candidacy is
disadvantage upon any person or of considered as an election of Filipino
the immediate members of his family, citizenship and renunciation of foreign
his honor or property, or used fraud to citizenship [Mercado v. Manzano, supra].
compel, induce or prevent the
registration of any voter, or the
Page 267 of 384

For a natural born Filipino, who reacquired In addition to the disqualifications mentioned in
or retained his Philippine citizenship under Secs. 12 and 68 of the Omnibus Election Code
R.A. No. 9225, to run for public office, he and Sec. 40 of R.A. No. 7160, otherwise known
must: as the Local Government Code, whenever the
1. Meet the qualifications for holding evidence of guilt is strong, the following
such public office as required by the persons are disqualified to run in a special
Constitution and existing laws; and election called to fill the vacancy in an elective
2. Make a personal and sworn office, to wit:
renunciation of any and all foreign i. Any elective official who has resigned from
citizenships before any public officer his office by accepting an appointive office
authorized to administer oath or for whatever reason which he previously
[Japzon v. COMELEC, G.R. No. occupied but has caused to become vacant
180088 (2009)] due to his resignation; and
ii. Any person who, directly or indirectly,
Based on jurisprudence, the mere filing of coerces, bribes, threatens, harasses,
certificate of candidacy is a sufficient form intimidates, or actually causes, inflicts or
of renunciation for dual citizens but not for produces any violence, injury, punishment,
those who reacquired/retained Filipino torture, damage, loss or disadvantage to
citizenship under R.A. No. 9225. any person or persons aspiring to become a
candidate or that of the immediate member
While the act of using a foreign passport is of his family, his honor or property that is
not one of the acts constituting meant to eliminate all other potential
renunciation and loss of Philippine candidate [Sec. 4, R.A. No. 8295].
citizenship, it is nevertheless an act which
repudiates the very oath of renunciation B. Filing of Certificates of
required for a former Filipino citizen who is
also a citizen of another country to be Candidacy
qualified to run for a local elective position No person shall be eligible for any elective
[Maquiling v. COMELEC, G.R. 195649 public office unless he files a sworn certificate
(2013)]. of candidacy within the period fixed herein
[Sec. 73, B.P. Blg. 881].
e. Fugitive from justice in criminal and
nonpolitical cases here and abroad Certificate of Candidacy
“Fugitive from justice” includes: A certificate of candidacy is in the nature of a
1. Those who flee after conviction to avoid formal manifestation to the whole world of the
punishment; and candidate’s political creed or lack of political
2. Those who, after being charged, flee to creed. It is a statement of a person seeking to
avoid prosecution. This presupposes run for a public office certifying that he
knowledge by the fleeing subject of announces his candidacy for the office
either an already instituted indictment mentioned and that he is eligible for the office,
or of a promulgated judgment of the name of the political party to which he
conviction [Rodriquez v. COMELEC, belongs, if he belongs to any, and his post
G.R. No. 120099 (1996)]. office address for all election purposes being
as well stated [Engle v. COMELEC, G.R. No.
f. Permanent residents in a foreign 215995 (2016)].
country or those who have acquired the
right to reside abroad and continue to By who: The certificate of candidacy shall be
avail of the same right after the filed by the candidate (a) personally or (b) by
effectivity of this Code his duly authorized representative.
g. Insane or feeble-minded When: Any day from the commencement of

the election period but not later than the day
Disqualification in Special Election before the beginning of the campaign period. In
cases of postponement or failure of election, no
Page 268 of 384
additional certificate of candidacy shall be deadline for filing of certificates of
accepted except in cases of substitution of candidacy; and
candidates. ii. Cancel the certificate of candidacy for
the other office/s [Sec. 73, B.P. Blg.
1. Effect of Filing 881].
a. Appointive Officials Ministerial Duty of COMELEC

Officials holding appointive offices including General Rule: The COMELEC shall have the
active members of the AFP and officers of ministerial duty to receive and acknowledge
GOCCs shall be considered ipso facto receipt of the certificates of candidacy provided
resigned upon the filing of his certificate of said certificates are: under oath and contain all
candidacy [Sec. 66, B.P. Blg. 881]. the required data and in the form prescribed by
the Commission [Sec. 76, B.P. Blg. 881].
b. Elective Officials
Any person holding an elective office or COMELEC has no discretion to give or not to
position shall not be considered resigned upon give due course to a certificate of candidacy
the filing of his certificate of candidacy for the filed in due form [Abcede v. Imperial, G.R. No.
same or any other elective office or position L-13001 (1958)].
[Sec. 4, COMELEC Resolution No. 8678,
Guidelines on the Filing of Certificates of Exception: COMELEC may go beyond the
Candidacy and Nomination of Official face of the certificate of candidacy:
Candidates of Registered Political Parties in i. Nuisance candidates;
Connection with the May 10, 2010 National and ii. Petition to deny due course to or cancel
Local Elections]. a certificate of candidacy [See
Romualdez-Marcos v. COMELEC,
The SC upheld the validity of the COMELEC supra].
Resolution in Sec. 67, B.P. Blg. 881. The Court
deemed the rule that elective officials The Court also held that even without a petition
automatically resigned from office upon filing of to deny course to or cancel a certificate of
their certificate of candidacy, repealed by Sec. candidacy, the COMELEC is under a legal duty
14 R.A 9006, Fair Election Act. On the to cancel the COC of anyone suffering from the
allegation that the rule was violative of equal accessory penalty of perpetual special
protection, the Court found substantial disqualification to run for public office by virtue
distinctions among appointive and elective of a final judgment of conviction. The final
officials [Quinto v. COMELEC, G.R. No. judgment of conviction is notice to the
189698 (2010)]. COMELEC of the disqualification of the convict
from running for public office [Jalosjos v.
Effect of Filing of Two (2) Certificates of COMELEC, G.R. No. 193237 (2012)].
Candidacy (COC)
No person shall be eligible for more than one Lone Candidate in a Special Election
office to be filled in the same election. Upon the expiration of the deadline for the filing
of the certificates of candidacy in a special
If he files a certificate of candidacy for more election called to fill a vacancy in an elective
than one office, he shall not be eligible for position other than for President and Vice
either. President, when there is only one (1) qualified
candidate for such position, the lone candidate
Exception: Before the expiration of the period shall be proclaimed elected to the position by
for the filing of certificates of candidacy, the proper proclaiming body of the Commission on
person who has filed more than one certificate Elections without holding the special election
of candidacy, may: upon certification by the Commission on
i. Declare under oath the office for which Elections that he is the only candidate for the
he desires to be eligible before the office and is thereby deemed elected [Sec. 2,
R.A. No. 8295].
Page 269 of 384

In the absence of any lawful ground to deny c. Is disqualified for any cause
due course or cancel the certificate of He may be substituted by a candidate
candidacy in order to prevent such belonging to and nominated by the same
proclamation, as provided for under Secs. 69 political party.
and 78 of Batas Pambansa Blg. 881 also
known as the Omnibus Election Code of the When:
Philippines, the candidate referred to in the a. The substitute candidate nominated by the
preceding paragraph shall assume office not political party concerned may file his
earlier than the scheduled election day… [Sec. certificate of candidacy for the office
3, R.A. No. 8295] affected in accordance with the preceding
sections not later than midday of the day
2. Substitution and Withdrawal of of the election.
Candidates b. If the death, withdrawal or disqualification
should occur between the day before the
Withdrawal of Certificate of Candidacy election and mid-day of election day said
A person who has filed a certificate of certificate may be filed with any board of
candidacy may, prior to the election, withdraw election inspectors in the political
the same by submitting to the office concerned subdivision where he is a candidate, or, in
a written declaration under oath [Sec. 73, B.P. the case of candidates to be voted for by
Blg. 881]. the entire electorate of the country, with
the Commission [Sec. 77, B.P. Blg. 881].
Any person who withdraws shall not be eligible Note: For there to be a valid substitution of a
whether as a substitute candidate or not, for candidate, the latter must have filed a valid
any other position. certificate of candidacy.
Effects of Filing or Withdrawal of a A person who is disqualified under Sec. 68

Certificate of Candidacy OEC is only prohibited from continuing as a
a. Filing or withdrawal shall not affect candidate, but his COC remains valid. He may
whatever civil, criminal or administrative therefore be substituted.
liabilities which a candidate may have On the other hand, a person whose COC is
incurred [Sec. 73, B.P. Blg. 881]. cancelled or denied due course under Sec. 78
b. If the candidate who withdraws is the for false material representation is considered
official candidate of a registered or to have a COC that is void ab initio. Thus, he
accredited political party, “the same cannot be validly substituted [Talaga v.
political party may file a certificate of COMELEC, G.R. No. 196804 (2012)].
candidacy to replace the candidate.” The
substitute must file his COC not later than No substitute shall be allowed for any
mid-day of election day [Sec. 77, B.P. Blg. independent candidate [Recabo, Jr. v.
881]. COMELEC, G.R. No. 134293 (1999);
c. The withdrawal of a certificate of COMELEC Resolution No. 10430].
candidacy does not necessarily render the
certificate void ab initio. Once filed, the 3. Nuisance Candidates
permanent legal effects produced thereby The Commission may motu proprio or upon a
remain even if the certificate itself be verified petition of an interested party, refuse to
subsequently withdrawn [Limbona v. give due course to or cancel a certificate of
COMELEC, G.R. No. 181097 (2008)]. candidacy if it is shown that said certificate has
been filed to put the election process in
Substitution mockery or disrepute or to cause confusion
Grounds: If after the last day for filing of the among the voters by the similarity of the names
certificates of candidacy, an official candidate of the registered candidates or by other
of a registered political party: circumstances or acts which clearly
a. Dies; demonstrate that the candidate has no bona
b. Withdraws; or fide intention to run for the office for which the
Page 270 of 384

certificate of candidacy has been filed and thus and receive evidence. The proceeding
prevent a faithful determination of the true will shall be summary in nature.
of the electorate [Sec. 69, B.P Blg. 881]. a. In lieu of oral testimonies, the parties
may be required to submit position
Grounds papers together with affidavits or
The Certificate of Candidacy has been filed: counter-affidavits and other
1. To put the election process in mockery, or documentary evidence.
disrepute; b. The hearing officer shall immediately
2. To cause confusion among the voters by submit to the Commission his findings,
the similarity of the names of the reports, and recommendations within
registered candidates; or five (5) days from the completion of
3. Clearly demonstrate that the candidate such submission of evidence.
has no bona fide intention to run for the c. The Commission shall render its
office for which the certificate of candidacy decision within five (5) days from
has been filed and thus prevent a faithful receipt thereof.
determination of the true will of the
electorate [Sec. 69, B.P. Blg. 881]. 5. The decision, order, or ruling of the
Commission shall, after five (5) days from
Procedure [R.A. No. 6646 or The Electoral receipt of a copy thereof by the parties, be
Reforms Law of 1987] final and executory unless stayed by the
Supreme Court.
Sec. 5. Procedure in Cases of Nuisance 6. The Commission shall within twenty-four
Candidates hours, through the fastest available
1. A verified petition to declare a duly means, disseminate its decision or the
registered candidate as a nuisance decision of the Supreme Court to the city
candidate under Section 69 of Batas or municipal election registrars, boards of
Pambansa Blg. 881: election inspectors and the general public
a. Filed personally or through duly in the political subdivision concerned.
authorized representative with the
Commission by any registered Who May Initiate:
candidate for the same office; 1. COMELEC motu proprio;
b. Within five (5) days from the last day for 2. Any interested party;
the filing of certificates of candidacy; 3. Any registered candidate for the same
c. Filing by mail shall not be allowed. office.
2. Within three (3) days from the filing of the The denial or cancellation of COCs of nuisance
petition, the Commission shall issue candidates may be “motu proprio or upon a
summons to the respondent candidate verified petition of an interested party, subject
together with a copy of the petition and its to an opportunity to be heard” [Timbol v.
enclosures, if any. COMELEC, G.R. No. 206004 (2015)].
3. The respondent shall be given three (3) Rules on Counting Votes Cast for Nuisance
days from receipt of the summons within Candidates
which to file his verified answer to the 1. If the person declared as a nuisance
petition, serving copy thereof upon the candidate and whose certificate of
petitioner. candidacy has been cancelled or denied
due course does not have the same name
Grounds for a motion to dismiss may be and/or surname as a bona fide candidate
raised as affirmative defenses. for the same office - the votes cast for such
nuisance candidate shall be deemed stray
4. The Commission may designate any of its pursuant to Section 9 of Rule 23.
officials who are lawyers to hear the case
Page 271 of 384

2. If the person declared as a nuisance 4. Effect of Disqualification
candidate and whose certificate of
candidacy has been cancelled or denied Disqualification under Sec. 68 differs from
due course has the same name and/or grounds for Petition to Deny or Cancel under
surname as a bona fide candidate for the Sec. 78.
same office - the votes cast shall not be
considered stray but shall be counted and Disqualification (under Sec. 68, among others)
tallied for the bona fide candidate. does not void a certificate of candidacy (COC),
i.e., the candidate is merely prohibited from
3. However, if there are two or more bona continuing as a candidate. In contrast,
fide candidates with the same name Cancellation (under Sec. 78) results in the
and/or surname as the nuisance COC being void ab initio, i.e., the person was
candidate - the votes cast for the nuisance never a valid candidate.
candidate shall be considered as stray
votes [COMELEC Resolution No. 9599, Rules if the Candidate is Disqualified
amending Sec. 5 of Rule 24 of the 1. If the disqualification becomes final before
COMELEC Rules of Procedure, as election day:
amended by COMELEC Resolution No. a. Any candidate who has been declared
9523]. by final judgment to be disqualified:
i. shall not be voted for; and
A petition to cancel or deny a COC under ii. the votes cast for him shall not be
Section 69 of the OEC should be counted.
distinguished from a petition to disqualify b. Hence, generally, if Candidate X has
under Section 68. Hence, the legal effect already been disqualified before
of such cancellation of a COC of a election day but still garnered the
nuisance candidate cannot be equated highest number of votes, those votes
with a candidate disqualified on grounds are considered as stray votes. The
provided in the OEC and Local candidate with the next highest number
Government Code. of votes will be proclaimed [See Codilla
v. De Venecia, G.R. No. 150605
4. In a multi-slot office, all votes cast in favor (2002)].
of the nuisance candidate whose name is
confusingly similar to a bona fide 2. If the disqualification is not yet final on
candidate shall not be automatically election day:
credited in the latter's favor. If the ballot a. If a candidate is not declared by final
contains one (1) vote for the nuisance judgment before any election to be
candidate and no vote for the bona fide disqualified and he is voted for and
candidate, that vote will be counted in the receives the winning number of votes in
latter's favor. However, if the nuisance such election:
candidate and the bona fide candidate i. the Court or COMELEC shall
each gets a vote, only one (1) vote will be continue with the trial and hearing of
counted in the latter's favor [Zapanta v. the action, inquiry, or protest; and
COMELEC, G.R. No. 233016 (2019)]. ii. upon motion of the complainant or
any intervenor, may during the
5. Candidate may not be disqualified as a pendency thereof, order the
nuisance candidate for the sole reason suspension of the proclamation of
that he failed to show proof of his financial such candidate whenever the
capacity to wage a nationwide campaign evidence of his guilt is strong [Sec.
[Marquez v. COMELEC, G.R. No. 244274 6, R.A. No. 6646].
(2019)].
3. If the disqualification is adjudged and
becomes final after election day:
Page 272 of 384

a. The second-placer in the vote count is placer is disqualified or declared ineligible
actually the first-placer among the should be limited to situations where the
qualified candidates, if disqualified due certificate of candidacy of the first-placer was
to Sec. 75 or 78 (COC void ab initio). valid at the time of filing but subsequently had
to be cancelled because of a violation of law
Maquiling v. COMELEC, G.R. No. 195649 that took place, or a legal impediment that took
(2013) abandoned the rule in Labo, Jr. v. effect, after the filing of the certificate of
COMELEC, supra, that when the voters are candidacy.
well aware within the realm of notoriety of a
candidate’s disqualification and still cast their If the certificate of candidacy is void ab initio,
votes in favor said candidate, then the eligible then legally the person who filed such a void
candidate obtaining the next higher number of certificate of candidacy was never a candidate
votes may be deemed elected. in the elections at any time. All votes for such a
noncandidate are stray votes and should not
The electorate’s awareness of the candidate’s be counted. Thus, such noncandidate can
disqualification is not a prerequisite for the never be a first-placer in the elections
disqualification to attach to the candidate. The [Jalosjos, Jr. v. COMELEC, supra].
very existence of a disqualifying circumstance
makes the candidate ineligible. Knowledge by 5. Duties of the Commission on
the electorate of a candidate’s disqualification Elections (COMELEC)
is not necessary before a qualified candidate
who placed second to a disqualified one can be Ministerial Duty of COMELEC to receive
proclaimed as the winner. Certificates of Candidacy:
That the disqualified candidate has already General Rule: The COMELEC shall have the
been proclaimed and has assumed office is of ministerial duty to receive and acknowledge
no moment. The subsequent disqualification receipt of the certificates of candidacy.
based on a substantive ground that existed Provided, that said certificates are under oath
prior to the filing of the certificate of candidacy and contain all the required data and in the
voids not only the COC but also the form prescribed by the Commission [OEC,
proclamation. Sec. 7; Cerafica v. COMELEC, G.R. No.
205136 (2014)].
Note: The purpose of a disqualification
proceeding is to prevent the candidate (a) from Exception: COMELEC may go beyond the
running or, if elected, (b) from serving, or (c) to face of the COC in the following:
prosecute him for violation of the election laws a. Nuisance candidates [OEC, Sec. 69];
[Ejercito v. COMELEC, G.R. No. 212398 b. Petition to deny due course or to cancel a
(2014)]. COC [OEC, Sec. 78]; or
c. Filing of a disqualification case on any of
Rule if the COC is Cancelled the grounds enumerated in Sec. 68, OEC.
A cancelled certificate of candidacy cannot
give rise to a valid candidacy, and much less to Powers and functions of the COMELEC
valid votes. Whether the COC is cancelled under Sec. 2, Art. IX-C of the 1987
before or after the elections is immaterial Constitution
because the cancellation on such ground 1. Enforce and administer all laws and
means he was never a candidate from the very regulations relative to the conduct of an
beginning, his certificate of candidacy being election, plebiscite, initiative, referendum,
void ab initio [Aratea v. COMELEC, G.R. No. and recall.
195229 (2012); Jalosjos, Jr. v. COMELEC, 2. Exercise exclusive original jurisdiction
supra]. over all contests relating to the elections,
returns, and qualifications of all elective
Decisions of the Court holding that the second- regional, provincial, and city officials, and
placer cannot be proclaimed winner if the first- appellate jurisdiction over all contests
Page 273 of 384
involving elective municipal officials constituting election frauds, offenses, and
decided by trial courts of general malpractices.
jurisdiction, or involving elective barangay 7. Recommend to the Congress effective
officials decided by trial courts of limited measures to minimize election spending,
jurisdiction. Decisions, final orders, or including limitation of places where
rulings of the Commission on election propaganda materials shall be posted,
contests involving elective municipal and and to prevent and penalize all forms of
barangay offices shall be final, executory, election frauds, offenses, malpractices,
and not appealable. Decide, except those and nuisance candidacies.
involving the right to vote, all questions 8. Recommend to the President the removal
affecting elections, including of any officer or employee it has
determination of the number and location deputized, or the imposition of any other
of polling places, appointment of election disciplinary action, for violation or
officials and inspectors, and registration of disregard of, or disobedience to, its
voters. directive, order, or decision.
3. Deputize, with the concurrence of the 9. Submit to the President and the Congress,
President, law enforcement agencies and a comprehensive report on the conduct of
instrumentalities of the Government, each election, plebiscite, initiative,
including the Armed Forces of the referendum, or recall.
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, III. CAMPAIGN
and credible elections.
4. Register, after sufficient publication,
political parties, organizations, or A. Concept
coalitions which, in addition to other
requirements, must present their platform 1. Definition
or program of government; and accredit The term “election campaign” or “partisan
citizens’ arms of the Commission on political activity” refers to an act designed to
Elections. Religious denominations and promote the election or defeat of a particular
sects shall not be registered. Those which candidate or candidates to a public office [Sec.
seek to achieve their goals through 79, B.P. Blg. 881].
violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or It includes:
which are supported by any foreign a. Forming organizations, associations,
government shall likewise be refused clubs, committees or other groups of
registration. persons for the purpose of soliciting votes
5. Financial contributions from foreign and/or undertaking any campaign for or
governments and their agencies to against a candidate;
political parties, organizations, coalitions, b. Holding political caucuses, conferences,
or candidates related to elections, meetings, rallies, parades, or other similar
constitute interference in national affairs, assemblies, for the purpose of soliciting
and, when accepted, shall be an additional votes and/or undertaking any campaign or
ground for the cancellation of their propaganda for or against a candidate;
registration with the Commission, in c. Making speeches, announcements or
addition to other penalties that may be commentaries, or holding interviews for or
prescribed by law. against the election of any candidate for
6. File, upon a verified complaint, or on its public office;
own initiative, petitions in court for d. Publishing or distributing campaign
inclusion or exclusion of voters; literature or materials designed to support
investigate and, where appropriate, or oppose the election of any candidate; or
prosecute cases of violations of election e. Directly or indirectly soliciting votes,
laws, including acts or omissions pledges or support for or against a
candidate.
Page 274 of 384

Campaign does not include: b. Civil service officers or employees [Sec. 2
a. Acts performed for the purpose of (4), Art. IX-B, 1987 Constitution];
enhancing the chances of aspirants for c. Members of the military [Sec. 5 (3), Art.
nomination for candidacy to a public office XVI, 1987 Constitution];
by a political party, aggroupment, or d. Foreigners, whether juridical or natural
coalition of parties [e.g., primaries, persons [Sec. 81, B.P. Blg. 881].
conventions];
b. Public expressions of opinions or 4. Period
discussions of probable issues in a Campaign Periods [Sec. 5, R.A. No. 7166]
forthcoming election or on attributes or a. President, Vice President, Senators
criticisms of probable candidates (i.e., offices with national
proposed to be nominated in a constituencies): 90 days before the day
forthcoming political party convention of the election.
[Sec. 79, B.P. Blg. 881].
b. Members of the House of
2. Regulations Representatives, Elective Local
Regulation of Speech in the Context of Government Officials: 45 days before
Electoral Campaigns [The Diocese of the day of election.
Bacolod v. COMELEC, G.R. No. 205728
(2015)] c. Barangay Election: 15 days before the
a. If made by candidates or the members of day of election.
their political parties or their political
parties it may be regulated as to time, In the preparation of the election calendar, the
place, and manner. Commission may exclude the day before the
b. If made by persons who are not day of the election itself, Maundy Thursday and
candidates or who do not speak as Good Friday.
members of a political party which are,
taken as a whole, principally advocacies of Note: Election period is not the same with
a social issue that the public must consider campaign period. The former includes the 30
during elections, such regulation is days after election while the latter can only
unconstitutional. include the 90 days prior to election day [De
Leon].
Regulation of election paraphernalia will still be
constitutionally valid if it reaches into speech of 5. Equal Access to Media, Time, and
persons who are not candidates or who do not Space
speak as members of a political party if they are
not candidates, only if what is regulated is a. Print advertisements [Sec. 6.1, R.A.
declarative speech that, taken as a whole, has
No. 9006]
for its principal object the endorsement of a
i. Shall not exceed 1/4 page, in broad
candidate only. The regulation:
sheet and 1/2 page in tabloids thrice a
i. Should be provided by law;
week per newspaper, magazine or
ii. Reasonable;
other publications.
iii. Narrowly tailored to meet the objective of
enhancing the opportunity of all
b. TV advertisements [Sec. 6.2, R.A.
candidates to be heard and considering
the primacy of the guarantee of free No. 9006]
expression; and i. Shall not exceed 120 mins for bona fide
iv. Demonstrably the least restrictive means candidates and registered political
to achieve that object parties running for nationally elective
office, whether by purchase or
donation;
3. Prohibitions
ii. Shall not exceed 60 mins for bona fide
a. Members of the board of election
candidates and registered political
inspections [Sec. 173, B.P. Blg. 881];
parties running for locally elective
Page 275 of 384
office, whether by purchase or No franchise or permit to operate a radio
donation. or TV station shall be granted or issued,
suspended or cancelled during the
c. Radio advertisements [Sec. 6.2, election period [Sec. 6.4, R.A. No. 9006].
R.A. No. 9006]
i. Shall not exceed 180 mins for bona fide Any mass media columnist, commentator,
candidates and registered political announcer, reporter, on-air correspondent
parties running for nationally elective or personality who is a candidate for any
office, whether by purchase or elective public office or is a campaign
donation; volunteer for or employed or retained in
ii. Shall not exceed 90 mins for bona fide any capacity by any candidate or political
candidates and registered political party shall:
parties running for locally elective a. Be deemed resigned, if so required by
office, whether by purchase or their employer; or
donation. b. Take a leave of absence from his/her
work as such during the campaign
6. Right to Reply period [Sec. 6.6, R.A. No. 9006].
All registered parties and bona fide candidates No movie, cinematograph or documentary
shall have the right to reply to charges shall be publicly exhibited in a theater,
published against them. The reply shall be television station or any public forum during
given publicity by the newspaper, television the campaign period which:
and/or radio station which first printed or aired a. Portrays the life or biography of a
the charges with the same prominence or in the candidate [Sec. 6.7, R.A. No. 9006];
same page or section or in the same time slot b. Is portrayed by an actor or media
as the first statement [Sec. 10, R.A. No. 9006]. personality who is himself a candidate
[Sec. 6.8, R.A. No. 9006].
Note: The airtime rules are applied on a per
station basis. COMELEC Resolution No. 9615, Election Surveys
which adopts the “aggregate-based” airtime The measurement of opinions and perceptions
limits (i.e., applying the limits to all TV and radio of the voters as regards a candidate’s
stations taken as a whole) unreasonably popularity, qualifications, platforms or a matter
restricts the guaranteed freedom of speech of public discussion in relation to the election,
and of the press [GMA Network, Inc. v. including voters’ preference for candidates or
COMELEC, G.R. No. 205357 (2014)]. publicly discussed issues during the campaign
period.
7. Required Submissions to the
Note: Sec. 5.4 of R.A. No. 9006 providing that
COMELEC [Sec. 6.2 and 6.3, R.A. No. surveys affecting national candidates shall not
9006] be published 15 days before an election and
surveys affecting local candidates shall not be
1. Broadcast stations or entities - Copies published 7 days before an election is
of their broadcast logs and certificates of unconstitutional because:
performance for the review and a. It imposes a prior restraint on the freedom
verification of the frequency, date, time of expression;
and duration of advertisement broadcast b. It is a direct and total suppression of a
for any candidate or political party. category of expression even though such
suppression is only for a limited period;
2. All mass media entities - Copy of all c. The governmental interest sought to be
contracts for advertising, promoting or promoted can be achieved by means other
opposing any political party or the than the suppression of the freedom of
candidacy of any person for public office expression [Social Weather Stations, Inc.
within 5 days after its signing. v. COMELEC, G.R. No. 147571 (2001)].
Page 276 of 384

Exit Polls B. Premature Campaigning
Exit polls may only be taken subject to the
following requirements: General Rule: Any election campaign or
a. Pollsters shall not conduct their surveys partisan political activity for or against any
within 50m from the polling place, whether candidate outside of the campaign period is
said survey is taken in a home, dwelling prohibited and shall be considered as an
place and other places; election offense [Sec. 80, B.P. Blg. 881].
b. Pollsters shall wear distinctive clothing;
c. Pollsters shall inform the voters that they Exception: Political parties may hold political
may refuse to answer; and conventions to nominate their official
d. The result of the exit polls may be candidates within 30 days before the start of
announced after the closing of the polls on the period for filing a certificate of candidacy
election day and must clearly identify the [Sec. 15, R.A. No. 9369].
total number of respondents, and the
places where they were taken. Said In Penera v. COMELEC, G.R. No. 181613
announcement shall state that the same is (2009), at the time the supposed premature
unofficial and does not represent a trend campaigning took place, Penera was not
[Sec. 5.5, R.A. No. 9006]. officially a “candidate” although she already led
her certificate of candidacy. Under Section 15
The holding of exit polls and the dissemination of R.A. No. 9369, a person who files his
of their results through mass media constitute certificate of candidacy is considered a
an essential part of the freedoms of speech and candidate only at the start of the campaign
of the press. Hence, the COMELEC cannot period, and unlawful acts applicable to such
ban them totally in the guise of promoting candidate take effect only at the start of such
clean, honest, orderly and credible elections campaign period. Thus, a candidate is liable for
[ABS-CBN Broadcasting Corp. v. COMELEC, an election offense only for acts done during
G.R. No. 133486 (2000)]. the campaign period, not before. Before the
start of the campaign period, such election
8. Application for Rallies, Meetings offenses cannot be committed and any
and Other Political Activity partisan political activity is lawful.
All applications for permits must immediately
be posted in a conspicuous place in the city or C. Contributions
municipal building, and the receipt thereof Gift, donation, subscription, loan, advance or
acknowledged in writing. deposit of money or anything of value, or a
contract, promise or agreement to contribute
Applications must be acted upon in writing by (1) whether or not legally enforceable, (2)
local authorities concerned within 3 days after made for influencing the results of the
their filing. If not acted upon within said period, elections.
they are deemed approved.
Definition [Sec. 94, B.P. Blg. 881]
The only justifiable ground for denial of the i. Excludes services rendered without
application is when a prior written application compensation by individuals volunteering
by any candidate or political party for the same their time in behalf of a candidate or political
purpose has been approved. party;
ii. Includes the use of facilities voluntarily
Denial of any application for said permit is donated by other persons, the money value
appealable to the provincial election supervisor of which can be assessed based on the
or to the COMELEC whose decision shall be rates prevailing in the area.
made within 48 hours and which shall be final
and executory [Sec. 87, B.P. Blg. 881].
1. Prohibited Contributions
No contribution for purposes of partisan
political activity shall be made directly or
Page 277 of 384

indirectly by any of the following [Sec. 95 and i. Dances;
96, B.P. Blg. 881]: ii. Lotteries;
iii. Cockfights;
From public or private financial institutions iv. Games;
provided, however, that nothing herein shall v. Boxing bouts;
prevent the making of any loan: vi. Bingo;
a. By financial institutions which are legally in vii. Beauty contests;
the business of lending money; viii. Entertainments, or cinematographic,
i. The loan is made in accordance with theatrical or other performances.
laws and regulations; and
ii. The loan is made in the ordinary course b. For any person or organization, civic or
of business. religious, directly or indirectly, to solicit
b. Natural and juridical persons operating a and/or accept from:
public utility or in possession of or i. Any candidate; or
exploiting any natural resources of the ii. From his campaign manager, agent or
nation; representative; or
c. Natural and juridical persons who hold iii. Any person acting in their behalf, any
contracts or subcontracts to supply the gift, food, transportation, contribution or
government or any of its divisions, donation in cash or in kind from the
subdivisions or instrumentalities, with start of the election period up to and
goods or services or to perform including election day.
construction or other works;
d. Grantees of exemptions, incentives, or Exception: Normal and customary religious
similar concessions by the government or stipends, tithes, or collections on Sundays
any of its divisions, subdivisions or and/or other designated collection days
instrumentalities, including GOCCs;
e. Grantees, within 1 year prior to the date of 3. Prohibited Donations [Sec. 104. B.P.
the election, of loans or other Blg. 881]
accommodations in excess of P100,000
by the government or any of its divisions,
subdivisions or instrumentalities including Whether made directly or indirectly:
GOCCs; a. Donations, contribution or gift in cash or in
f. Educational institutions which have kind;
received grants of public funds amounting b. Undertaking or contribution to the
to no less than P100,000; construction or repair of roads, bridges,
g. Officials or employees in the Civil Service, school buses, puericulture centers,
or members of the Armed Forces of the medical clinics and hospitals, churches or
Philippines; chapels, cement pavements, or any
h. Foreigners and foreign corporations, structure for public use or for the use of
including foreign governments any religious or civic organization.
N.B. The underlying commonality is conflict of Made by a candidate, spouse, relative within
interest in sensitive government operations, or 2nd civil degree of consanguinity or affinity,
areas where government grants licenses and campaign manager, agent or representative;
special permits. treasurers, agents or representatives of
political party.
2. Prohibited Fund-Raising Activities
During campaign period, day before and day of
[Sec. 97, B.P. Blg. 881] the election.
a. The following are prohibited if held for
raising campaign funds or for the support Exceptions:
of any candidate from the start of the a. Normal and customary religious dues or
election period up to and including election contributions;
day:
Page 278 of 384
b. Periodic payments for legitimate or the Fair Election Act of 2001 [Sec. 3,
scholarships established and school R.A. No. 9006].
contributions habitually made before the
prohibited period. 2. Prohibited Acts
a. For any foreigner: [Sec. 81, B.P. Blg.
D. Lawful and Prohibited 881]
Election Propaganda i. Aid any candidate or political party,
directly or indirectly;
ii. Take part or influence in any manner in
1. Lawful Election Propaganda
any election;
a. Pamphlets, leaflets, cards, decals,
iii. Contribute or make any expenditure in
stickers, or other written or printed
connection with any election campaign
materials not larger than 8.5x14 inches;
or partisan political activity.
b. Handwritten or printed letters urging
voters to vote for or against any political b. For any person during the
party or candidate; campaign period: [Sec. 83, B.P. Blg.
c. Cloth, paper or cardboard posters, framed 881]
or posted, not larger than 2x3 feet; i. Remove, destroy, obliterate or in any
d. Streamers not larger than 3x8 feet are manner deface or tamper with lawful
allowed at a public meeting or rally or in election propaganda;
announcing the holding of such. May be ii. Prevent the distribution of lawful
displayed 5 days before the meeting or election propaganda.
rally and shall be removed within 24 hours c. For any candidate, political party,
after such; organization or any person: [Sec.
e. Paid advertisements in print or broadcast 89, B.P. Blg. 881]
media: i. Give or accept, directly or indirectly,
i. Bear and be identified by the free of charge, transportation, food or
reasonably legible or audible words drinks or things of value during the five
“political advertisement paid for” hours before and after a public
followed by the true and correct name meeting, on the day preceding the
and address of the candidate or party election, and on the day of the election;
for whose benefit the election ii. Give or contribute, directly or indirectly,
propaganda was printed or aired [Sec. money or things of value for such
4(1), R.A. No. 9006]. purpose.
ii. If the broadcast is given free of charge
by the radio or TV station, identified by Note: Sec. 85 “Prohibited Election
the words “airtime for this broadcast Propaganda” of B.P. Blg. 881 was
was provided free of charge by” repealed by Sec. 14 of R.A. No. 9006.
followed by the true and correct name
and address of the broadcast entity E. Limitations on Expenses
[Sec. 4(2), R.A. No. 9006].
iii. Print, broadcast or outdoor
advertisements donated to the
1. Lawful Expenditures
a. For travelling expenses of the candidates
candidate or political party shall not be
and campaign personnel in the course of
printed, published, broadcast or
the campaign and for personal expenses
exhibited without the written
incident thereto;
acceptance by said candidate or
b. For compensation of campaigners, clerks,
political party. Written acceptance must
stenographers, messengers, and other
be attached to the advertising contract
persons actually employed in the
and submitted to the COMELEC within
campaign;
5 days after its signing [Sec. 4.3, R.A.
c. For telegraph and telephone tolls,
No. 9006, cf. Sec. 6.3, R.A. No. 9006].
postage, freight and express delivery
f. All other forms of election propaganda not
charges;
prohibited by the Omnibus Election Code
Page 279 of 384
d. For stationery, printing and distribution of F. Statement of Contributions
printed matters relative to candidacy;
e. For employment of watchers at the polls; and Expenses (SOCE) [Sec. 14,
f. For rent, maintenance and furnishing of R.A. No. 7166]
campaign headquarters, office or place of
meetings; The SOCE shall:
g. For political meetings and rallies and the a. Contain the full, true and itemized
use of sound systems, lights and statement of all contributions and
decorations during said meetings and expenditures in connection with the
rallies; election;
h. For newspaper, radio, television and other b. Be filed by every candidate and treasurer
public advertisements; of the political party;
i. For employment of counsel c. Be filed with the COMELEC in duplicate
j. For copying and classifying list of voters, within 30 days after the day of the election.
investigating and challenging the right to
vote of persons registered in the lists; Section 14 of R.A. No. 7166 states that “every
k. For printing sample ballots in such color, candidate” has the obligation to file his
size and maximum number as may be statement of contributions and expenditures.
authorized by the Commission [Sec. 102, … The term “every candidate” must be deemed
BP Blg 881]. to refer not only to a candidate who pursued his
campaign, but also to one who withdrew his
Note: The cost of (i), (j), (k) shall not be taken candidacy [Pilar v. COMELEC, G.R. No.
into account in the computation of the 115245 (1995)].
candidate’s allowable limit of election Effect of Failure to File Statement [Sec. 14,
expenses [Sec. 102, B.P. Blg. 881]. R.A. No. 7166]
1. The person elected to any public office
The amount contributed by a donor shall be cannot enter upon the duties of his office.
included in the computation of the candidate’s
allowable limit of election expenses [Ejercito v. Note: The same prohibition applies if the
COMELEC, G.R. No. 212398 (2014)]. political party which nominated the
winning candidate fails to file the
2. For Candidates [Sec. 13, R.A. No. statements.
7166]
a. President and VP: P10 for every voter 2. Imposition of administrative fines (except
currently registered. candidates for elective barangay office).
b. Other candidates: P3 for every voter i. 1st offense P1,000 to 30,000 in the
currently registered in the constituency discretion of the Commission.
where he filed his certificate of candidacy.
To be paid within 30 days from receipt
Exception: A candidate without any political of notice of failure to file; Otherwise, it
party and without support from any political shall be enforceable by a writ of
party may be allowed to spend P5 for every execution issued by the Commission
such voter. against the properties of the offender.
3. For Political Parties ii. 2nd or subsequent offense P2,000 to

60,000 in the discretion of the
P5 for every voter currently registered in the
Commission.
constituency or constituencies where it has
official candidates.
Perpetual disqualification to hold public
office.
Page 280 of 384

It shall be the duty of every city or municipal candidacy if it is shown that said certificate has
election registrar to advise in writing, by been filed:
personal delivery or registered mail, within five a. To put the election process in mockery or
(5) days from the date of election all candidates disrepute;
residing in his jurisdiction to comply with their b. To cause confusion among the voters by
obligation to file their statements of the similarity of the names of the
contributions and expenditures. registered candidates or by other
circumstances or acts which clearly
demonstrate that the candidate has no
IV. REMEDIES AND bona fide intention to run for the office for
which the certificate of candidacy has
JURISDICTION been filed and thus prevent a faithful
determination of the true will of the
A. Petition to Deny Due Course electorate.
or Cancel a Certificate of
Candidacy B. Petition for Disqualification
An action or protest filed against any candidate
1. For any False Material where he/she may be declared by final
Representation [Sec. 78, OEC] decision of a competent court guilty of, or found
A verified petition to deny due course or to by the Commission of being disqualified based
cancel a certificate of candidacy. on the grounds below. In effect, he/she shall be
disqualified from continuing as a candidate, or
Grounds: Any material representation if he/she has been elected, from holding the
contained in the COC as required under office.
Section 74 hereof is false.
1. Grounds under Par. 1, Sec. 68, OEC
The material misrepresentation contemplated a. Given money or other material
by Section 78 of the Code refers to consideration to influence, induce or
qualifications for elective office. corrupt the voters or public officials
performing electoral functions;
Aside from the requirement of materiality, a b. Committed acts of terrorism to enhance
false representation under Section 78 must his candidacy;
consist of a “deliberate attempt to mislead, c. Spent in his election campaign an amount
misinform, or hide a fact which would otherwise in excess of that allowed by this Code;
render a candidate ineligible.” In other words, it d. Solicited, received or made any
must be made with an intention to deceive the contribution prohibited under Sections 89,
electorate as to one’s qualifications for public 95, 96, 97 and 104; or
office [Villafuerte v. COMELEC, G.R. No. e. Violated any of Sections 80, 83, 85, 86,
206698 (2014)]. and 261, paragraphs d, e, k, v, and cc,
subparagraph 6.
When to file: Any time not later than 25 days
from the time of the filing of the certificate of 2. Grounds under Par. 2, Sec. 68, OEC
candidacy. Any person who is a permanent resident of or
an immigrant to a foreign country, unless said
How decided: After due notice and hearing, person has waived his status as permanent
not later than fifteen days before the election. resident or immigrant of a foreign country in
accordance with the residence requirement
2. For Nuisance Candidates [Sec. 69, provided for in the election laws.
OEC]
A verified petition of an interested party or a 3. Grounds under Sec. 12, OEC
motu proprio decision of the Commission to a. Any person who has been declared by
deny due course or cancel a certificate of competent authority insane or
incompetent;
Page 281 of 384
b. Any person who has been sentenced by that the candidate is guilty of an election
final judgment for: offense and second, it is the Commission itself
i. Subversion; that found that the candidate committed any of
ii. Insurrection; the enumerated prohibited acts. Noteworthy is
iii. Rebellion; that in the second scenario, it is not required
iv. Any offense for which he has been that there be a prior final judgment; it is
sentenced to a penalty of more than 18 sufficient that the Commission itself made the
months; or determination. The conjunction “or” separating
v. A crime involving moral turpitude. “competent court” and “the Commission” could
only mean that the legislative intent was for
Exception: If the person has been given both bodies to be clothed with authority to
plenary pardon or granted amnesty. ascertain whether or not there is evidence that
the respondent candidate ought to be
Note: The disqualifications to be a candidate disqualified [Francisco v. COMELEC, G.R. No.
under this section shall be deemed removed: 230249 (2018)].
1. Upon the declaration by competent
authority that said insanity or Note: In Francisco v. COMELEC, supra, the
incompetence had been removed; or court rectified its ruling in Poe-Llamanzares v.
2. After the expiration of a period of 5 years COMELEC [G.R. Nos. 221697 & 221698-700
from his service of sentence, unless within (2016)] where it held that to disqualify a
the same period he again becomes candidate there must be a declaration by a final
disqualified. judgment of a competent court and that the
COMELEC has no jurisdiction to determine the
4. Grounds under Sec. 40, LGC for qualification of a candidate.
Local Elective Positions
a. Sentenced by final judgment for an
offense involving moral turpitude or for an Petition for Petition to Deny
Disqualification Due Course or
offense punishable by one (1) year or
[Sec. 68] Cancel COC [Sec.
more of imprisonment, within two (2) years 69 and 78]
after serving sentence;
b. Removed from office as a result of an Grounds
administrative case;
c. Convicted by final judgment for violating i. Sec. 12, OEC i. False material
the oath of allegiance to the Republic; representation in the
d. With dual citizenship; ii. Sec. 68, OEC COC;
e. Fugitives from justice in criminal or
nonpolitical cases here or abroad; iii. Sec. 40, LGC ii. Nuisance
candidate.
f. Permanent residents in a foreign country
or those who have acquired the right to Effect
reside abroad and continue to avail of the
same right after the effectivity of the LGC;
Person is prohibited Person is not treated
and to continue as a as a candidate at all,
g. Insane or feeble-minded. candidate or if as if he/she never
he/she has been filed a COC.
A prior court judgment is not required before elected, he is
the remedy under Sec. 68 of the OEC can prohibited from
prosper. This is highlighted by the provision holding the office.
itself, which contemplates two scenarios: first,
there is a final decision by a competent court
Page 282 of 384
Jurisdiction
Petition for Petition to Deny
Disqualification Due Course or The postponement, declaration of failure of
[Sec. 68] Cancel COC [Sec. election and the calling of special elections
69 and 78] shall be decided by the Commission sitting en
banc by a majority vote of its members. The
Substitution causes for the declaration of a failure of
election may occur before or after the casting
of votes or on the day of the election [Sec. 4,
Allowed (Rule of Not allowed R.A. No. 7166].
succession shall be (Candidate with the
observed). second highest
Conditions
number of votes
The following must concur:
shall assume office).
a. No voting has taken place in the precincts
Period for Filing concerned on the date fixed by law, or
even if there was voting, the election
nonetheless resulted in a failure to elect;
Any time before i. For false material and
proclamation of the representation in the b. The votes not cast would affect the results
winning candidate. COC: within 25 days of the election.
from filing of COC;
Procedure
ii. For nuisance 1. Petitioner files verified petition with the
candidates: within 5
Law Department of the COMELEC.
days from the last
2. Unless a shorter period is deemed
day of filing COCs.
necessary by circumstances, within 24
hours, the Clerk of Court concerned
C. Failure of Election, Call for serves notices to all interested parties,
indicating therein the date of hearing,
Special Election through the fastest means available.
3. Unless a shorter period is deemed
1. Failure of Election necessary by the circumstances, within 2
days from receipt of the notice of hearing,
Declaration of failure of election any interested party may file an opposition
It is neither an election case nor a pre- with the Law Department of the
proclamation controversy [Borja v. COMELEC, COMELEC.
G.R. No. 133495 (1998)]. 4. The COMELEC proceeds to hear the
petition. The COMELEC may delegate the
The COMELEC does not exercise its quasi- hearing of the case and the reception of
judicial functions when it declares a failure of evidence to any of its officials who are
elections pursuant to R.A. No. 7166. Rather, members of the Philippine Bar.
the COMELEC performs its administrative 5. The COMELEC then decides whether to
function when it exercises such power [Abayon grant or deny the petition. This lies within
v. HRET, G.R. No. 222236 & 223032 (2016)]. the exclusive prerogative of the
COMELEC.
The grounds for failure of election clearly
involve questions of fact. It is for this reason Postponement of Election [Sec. 5, OEC]
that they can only be determined by the The Commission, motu proprio or upon a
COMELEC en banc after due notice and verified petition by any interested party, after
hearing to the parties [Loong v. COMELEC, due notice and hearing, whereby all interested
G.R. No. 133676 (1999)]. parties are afforded equal opportunity to be
heard postpones the election upon a finding
that:
1. The following grounds are present:
Page 283 of 384

a. Violence; i. The Commission shall call a special
b. Terrorism; election to be held within 60 days after the
c. Loss or destruction of election vacancy occurs to elect the Member to
paraphernalia or records; serve the unexpired term.
d. Force majeure.
Any serious cause analogous to the foregoing. 2. In case of the dissolution of the Batasang
Pambansa:
2. As a result of the above grounds, the holding
of a free, orderly and honest election should i. The President shall call an election which
become impossible in any political subdivision. shall not be held earlier than 45 nor later
than 60 days from the date of such
Instances when there is Failure of Election dissolution.
[Sec. 6, OEC]
There is failure of elections when: The date of the special election shall be
1. The following grounds are present: reasonably close to the date of the election not
a. Force majeure; held, suspended or which resulted in a failure
b. Violence; to elect. The date shall not be later than 30
c. Terrorism; days after the cessation of the cause of such
d. Fraud; postponement or suspension of the election or
e. Other analogous causes. failure to elect.
2. The grounds resulted in any of the following: 2. Annulment of Election Results

a. Election has not been held on the date
fixed; Requisites [Abayon v. HRET, supra]
b. Election had been suspended before the 1. The illegality of the ballots must affect
hour fixed by law for the closing of the more than 50% of the votes cast on the
voting; or specific precinct or precincts sought to be
c. Election had been suspended after the annulled, or in case of the entire
voting and during the preparation and municipality, more than 50% of its total
the transmission of the election returns precinct and the votes cast therein; and
or in the custody or canvass thereof. 2. It is impossible to distinguish with
reasonable certainty between the lawful
3. In any of such cases, the failure or and unlawful ballots.
suspension would affect the result of the
election. Note: It must be concretely and directly
established (1) that the protestee was the one
Instances when Special Elections may be who had induced or actually perpetuated the
Called [Sec. 7, OEC] commission of the acts complained of and
Any interested party may file a verified petition demonstrated (2) that those incidents were part
to call for special elections. In case of of a scheme to frustrate the free expression of
postponement, the Commission may take the will of the electorate [Abayon v. HRET,
action motu proprio. In both cases, there shall supra].
be due notice and hearing. After which, the
Commission shall call for the holding or Failure of Election vs. Annulment of
continuation of the election not held, Election Results [Abayon v. HRET, supra]
suspended or which resulted in a failure to
elect. Failure of Election Annulment of
Election Results
Special Elections may also be called in the
Following Cases [Sec. 7, OEC] Who exercises
1. In case a vacancy arises in the Batasang
Pambansa 18 months or more before a regular Exercise of Incident of the
election: COMELEC’s judicial function of
Page 284 of 384
1. Illegal composition or proceedings of the
Failure of Election Annulment of
board of canvassers;
Election Results
2. The canvassed election returns are
administrative electoral tribunals. incomplete, contain material defects,
function. appear to be tampered with or falsified, or
contain discrepancies in the same returns
or in other authentic copies thereof as
Scope mentioned in Sections 233, 234, 235 and
236 of this Code;
3. The election returns were prepared under
Relates to the entire Only extends to duress, threats, coercion, or intimidation,
election in the election results or they are obviously manufactured or not
concerned precinct connected with the authentic; and
or political unit. election contest 4. When substitute or fraudulent returns in
before the electoral controverted polling places were
tribunal. canvassed, the results of which materially
affected the standing of the aggrieved
Objective candidate or candidates [Sec. 243, B.P.
Blg. 881].
To hold or continue To determine who
the elections, which among the In Rule 3, Sec. 1 of COMELEC Resolution No.
were not held or candidates garnered 8804 (2010) there are only two issues covered
were suspended, or a majority of the in a pre-proclamation controversy:
if there was one, legal votes cast. 1. Illegal composition of the BOC; and
resulted in a failure 2. Illegal proceedings of the BOC.
to elect.
Jurisdiction [Sec. 2, Rule 3, COMELEC
Resolution No. 8804]
D. Pre-Proclamation COMELEC has exclusive jurisdiction in pre-
Controversy proclamation controversies arising from
Any question pertaining to or affecting the national, regional or local elections.
proceedings of the board of canvassers which
may be raised by any candidate or by any A pre-proclamation controversy may be raised
registered political party or coalition of political by any candidate or by any registered political
parties before the board or directly with the party, organization, or coalition of political
Commission, or any matter raised under the parties before the BOC, or directly with the
following sections in relation to the preparation, Commission.
transmission, receipt, custody and appreciation
of the election returns [Sec. 241, B.P. Blg. 881]: Issues affecting the composition or
1. Sec. 233 (delayed, lost, or destroyed proceedings of the Boards may be initiated by
election returns); filing a verified petition before the Board or
2. Sec. 234 (material defects in the election directly with the Commission.
results);
3. Sec. 235 (tampered with or falsified If the petition is filed directly with the Board, its
election returns); and decision may be appealed to the Commission
4. Sec. 236 (discrepancies in election within three (3) days from issuance thereof.
returns). However, if commenced directly with the
Commission, the verified petition shall be filed
Issues that May be Raised in a Pre- immediately when the board begins to act
Proclamation Controversy illegally, or at the time of the appointment of the
The following shall be proper issues that may member of the board whose capacity to sit as
be raised in a pre-proclamation controversy: such is objected to.
Page 285 of 384

Nature of Proceedings correction of “manifest errors in the certificate
Heard summarily by the COMELEC after due of canvass or election returns.” To be manifest,
notice and hearing. This is because canvass the errors must appear on the face of the
and proclamation should be delayed as little as certificates of canvass or election returns
possible. sought to be corrected and/or objections
thereto must have been made before the board
When Not Allowed [Sec. 15, R.A. No. 7166 as of canvassers and specifically noted in the
revised by R.A. No. 9369] minutes of their respective proceedings
For the positions of President, Vice-President, [Chavez v. COMELEC, G.R. No. 105323
Senator, and Member of the House of (1992), but note that the correction of manifest
Representatives. errors is no longer part of the grounds for pre-
proclamation controversy as per COMELEC
Exceptions Reso 8804 (2010)].
However, this does not preclude the authority
of the appropriate canvassing body motu A pre-proclamation case under Sec. 30 is
propio or upon written complaint of an allowed only as an exception to the prohibition
interested person to correct manifest errors in under Section 15 of R.A. No. 7166, as
the certificate of canvass or election returns amended by R.A. No. 9369. xxx And, in this
before it [Sec. 15, R.A. No. 7166 as revised by case, the exception applies only to Congress
R.A. No. 9369]. or the COMELEC en banc acting as the NBC,
and not to local boards of canvassers who must
Questions affecting the composition or still be deemed covered by the prohibition on
proceedings of the board of canvassers may pre-proclamation controversies [Pimentel III v.
be initiated in the board or directly with the COMELEC, G.R. No. 178413 (2008)].
Commission in accordance with Section 19
hereof [Sec. 15, R.A. No. 7166 as revised by Issues that Cannot be Raised
R.A. No. 9369]. 1. Appreciation of ballots, as this is
performed by the BEI at the precinct level
The procedure on pre-proclamation and is not part of the proceedings of the
controversies shall be adopted when it appears BOC [Sanchez v. COMELEC, G.R. No.
that any certificate of canvass or supporting 78461 (1987)];
statement of votes by city/municipality or by 2. Technical examination of the signatures
precinct bears erasures or alterations which and thumb marks of voters [Matalam v.
may cast doubt as to the veracity of the number COMELEC, G.R. No. 123230 (1997)];
of votes stated herein and may affect the result 3. Prayer for re-opening of ballot boxes
of the election [Sec. 30, R.A. No. 7166 as [Alfonso v. COMELEC, G.R. No. 107847
revised by R.A. No. 9369]. (1994)];
1. Upon request of the presidential, vice 4. Padding of the Registry List of Voters of a
presidential or senatorial candidate municipality, massive fraud and terrorism
concerned or his party; [Ututalum v. COMELEC, G.R. No. 84843-
2. Congress or the Commission en banc, as 44 (1990), citing Espaldon v. COMELEC,
the case may be, shall, for the sole G.R. No. L-78987 (1987)];
purpose of verifying the actual number of 5. Challenges directed against the Board of
votes cast for President and Vice- Election Inspectors [Ututalum v.
President or senator, count the votes as COMELEC, supra];
they appear in the copies of the election 6. Fraud, terrorism and other illegal electoral
returns submitted to it. practices. These are properly within the
office of election contests over which
It is clear from Section 15 of R.A. No. 7166 that electoral tribunals have sole, exclusive
“pre-proclamation cases are not allowed in jurisdiction [Loong v. COMELEC, G.R. No.
elections for President, Vice-President, 133676 (1996)].
Senator and Member of the House of
Representatives.’’ What is allowed is the
Page 286 of 384

1. Illegal Composition of the Board of Procedure for Contested Composition or
Canvassers Proceedings of the Board [Rule 4, Sec. 5,
There is illegal composition of the BOC when, COMELEC Resolution No. 8804]
among other similar circumstances, any of the
members do not possess legal qualifications a. In case the petition is filed before the
and appointments. The information technology BOC:
capable person required to assist the BOC by 1. Upon receipt of the verified petition, the
R.A. No. 9369 shall be included as among BOC shall immediately announce the fact
those whose lack of qualifications may be of the filing of said petition and the
questioned [Sec. 1, Rule 4, COMELEC ground/s raised therein.
Resolution No. 8804]. 2. The BOC shall immediately deliberate on
the petition, and within a period of twenty-
2. Illegal Proceedings of the Board of four (24) hours, make a prompt resolution
thereon, which resolution shall be reduced
Canvassers into writing.
There are illegal proceedings of the BOC when
3. Should the BOC decide in favor of the
the canvassing is a sham or mere ceremony,
petition, it shall immediately inform the
the results of which are pre-determined and
Commission of its resolution. Thereafter,
manipulated as when any of the following
the Commission shall make the
circumstances are present:
appropriate action thereon.
a. Precipitate canvassing;
4. In no case shall the receipt by the BOC of
b. Terrorism;
the electronically transmitted precinct,
c. Lack of sufficient notice to the members of
municipal, city, or provincial results, be
the BOCs;
suspended by the filing of said petition.
d. Improper venue [Sec. 2, Rule 4,
5. The petitioner may appeal an adverse
COMELEC Resolution No. 8804].
resolution by the BOC to the COMELEC,
by notifying the BOC of his or her intent to
3. When and Where to File Pre- appeal, through a verbal, and a written and
Proclamation Controversy verified Notice of Appeal. The notice on
the BOC shall not suspend the formal
Ground: Composition or Proceedings of the proclamation of the official results of the
Board of Canvassers. election, until the final resolution of the
appeal.
Where to File: In the BOC or directly with the 6. Within forty-eight (48) hours from such
Commission, with a verified petition, clearly notice to the BOC, the petitioner shall
stating the specific ground/s for the illegality of submit before the Board a Memorandum
the composition and/or proceedings of the on Appeal stating the reasons why the
board [Sec. 3, Rule 4, COMELEC Resolution resolution being questioned is erroneous
No. 8804]. and should be reversed.
7. Upon receipt by the BOC of the petitioner’s
When to File: The petition questioning the memorandum on appeal, the Board shall
illegality, or the composition and/or forward the entire records of the petition at
proceedings of the BOC shall be filed the expense of the petitioner.
immediately when the BOC begins to act as 8. Upon receipt of the records herein referred
such, or at the time of the appointment of the to, the petition shall be docketed by the
member whose capacity to sit as such is Clerk of Commission and submitted to the
objected to, if it comes after the canvassing of COMELEC en banc for consideration and
the Board, or immediately when the decision.
proceedings become illegal [Sec. 4, Rule 4, 9. Within five (5) days therefrom the
COMELEC Resolution No. 8804]. COMELEC en banc shall render its
No law provides for a reglementary period decision on the appeal.
within which to file a petition for the annulment
of an election if there is as yet no proclamation
[Loong v. COMELEC, supra].
Page 287 of 384
b. If filed directly with the Commission: Effect of Proclamation of Winning
The petition shall be heard by the COMELEC Candidate
en banc under the following procedures. Upon A pre-proclamation controversy shall no longer
receipt of the petition by the COMELEC, the be viable after the proclamation and
Clerk of the Commission shall docket the same assumption into office by the candidate whose
and forthwith send summons to the BOC election is contested. The remedy is an
concerned with an order directing it to submit, election protest before the proper forum.
through the fastest verifiable means available,
its answer within forty-eight (48) hours. However, the prevailing candidate may still be
unseated even though he has been proclaimed
The COMELEC en banc shall resolve the and installed in office if:
petition within five (5) days from the filing of the a. The opponent is adjudged the true winner
answer, or upon the expiration of the period to of the election by final judgment of court in
file the same. an election contest;
b. The prevailing party is declared ineligible
4. Effect of Filing of Pre- Proclamation or disqualified by final judgment of a court
Controversy in a quo warranto case; or
The filing with the Commission of a petition to c. The incumbent is removed from office for
annual or to suspend the proclamation of any cause.
candidate shall suspend the running of the
period within which to file an election protest or When the proclamation is null and void, since
quo warranto proceedings [Sec. 248, B.P. Blg. the proclamation is no proclamation at all and
881]. the proclaimed candidate’s assumption of
office cannot deprive the COMELEC of the
The recourse by certiorari to the Supreme power to declare such nullity and annul the
Court, which is a right secured to the defeated proclamation.
party under Section 7, Title A, Article IX of the Illegal Proceedings Discovered After
1987 Constitution, is part of the annulment Proclamation [Sec. 4, Rule 4, COMELEC
proceeding. The case is not over until the Resolution No. 8804]
Supreme Court has given its verdict, hence, If the illegality of the proceedings of the BOC is
the computation of the ten-day-period for filing discovered after the official proclamation of the
an election contest does not begin until that supposed results, a verified petition to annul
verdict has been handed down by the Supreme the proclamation may be filed before the
Court [Gallardo v. Rimando, G.R. No. 91718 COMELEC within ten (10) days after the day of
(1990)]. proclamation.
The right of the prevailing party in the pre- Upon receipt of the verified petition, the Clerk
proclamation contest to the execution of of the Commission shall have the same
COMELEC’s decision does not bar the losing docketed and forthwith issue summons to the
party from filing an election contest [Gallardo v. parties to be affected by the petition, with a
Rimando, supra]. directive for the latter to file their answer within
five (5) days from receipt.
Partial Proclamation
Despite the pendency of a pre-proclamation Thereafter the case shall be deemed submitted
contest, the COMELEC may, motu proprio or for resolution, which shall not be later than
upon the filing of a verified petition and after seven (7) days from receipt of the answer.
due notice and hearing order the proclamation
of other winning candidates whose election will
not be affected by the outcome of the
controversy [Sec. 247, B.P. Blg. 881].
Page 288 of 384

E. Election Contest people in the choice of public officials may not
be defeated by mere technical objections
A contest between the defeated and winning [Saquilayan v. COMELEC, G.R. No. 157249
candidates on the ground of frauds or (2003)].
irregularities in the casting and counting of the
ballots, or in the preparation of the returns. It 1. Election Protest
raises the question of who actually obtained A petition contesting the elections or returns of
the plurality of the legal votes and therefore is an elective regional, provincial, or city official
entitled to hold the office [Samad v. shall be filed with the Commission by any
COMELEC, G.R. No. 107854 (1993)]. candidate who was voted for in the same office
and who Commission by any candidate who
General Rule was voted for in the same office and who
The filing of an election protest or a petition for received the second or third highest number of
quo warranto precludes the subsequent filing votes or, in a multi-slot position, was among the
of a pre-proclamation controversy, or amounts next four candidates following the last ranked
to the abandonment of one earlier filed, thus winner duly proclaimed, as reflected in the
depriving the COMELEC of the authority to official results of the election contained in the
inquire into and pass upon the title of the Statement of Votes. The party filing the protest
protestee or the validity of his proclamation. shall be designated as the protestant; the
adverse party shall be known as the protestee
The reason is that once the competent tribunal [Rule 6, COMELEC Reso 8804].
has acquired jurisdiction of an election protest
or a petition for quo warranto, all questions Who May File: A candidate who has duly filed
relative thereto will have to be decided in the a certificate of candidacy and has been voted
case itself and not in another proceeding for the same office.
[Samad v. COMELEC, supra].
When: Within 10 days after the proclamation of
Exceptions: the results of the election.
1. The board of canvassers was improperly
constituted; Note: This prescriptive period is suspended
2. Quo warranto was not the proper remedy; during the pendency of a pre-proclamation
3. What was filed was not really a petition for controversy between the same parties.
quo warranto or an election protest but a
petition to annul a proclamation; Grounds
a. The filing of a quo warranto petition or 1. Fraud;
an election protest was expressly made 2. Terrorism;
without prejudice to the pre- 3. Irregularities;
proclamation controversy or was made 4. Illegal acts committed before, during, or
ad cautelam; and after the casting and counting of votes.
b. The proclamation was null and void
[Samad v. COMELEC, supra]. Payment of Docket fee
Protestant has to pay a docket fee of P300 and
Nature an additional docket fee if there is a claim for
Summary proceeding of a political character damages. Failure to pay the basic docket fee
[Gardiner v. Romulo, G.R. No. L-8921 (1914)]. shall result in the dismissal of the protest [Soller
v. COMELEC, G.R. No. 139853 (2000)].
Purpose
To ascertain the candidate lawfully elected to 2. Quo Warranto
office [De Castro v. Ginete, G.R. No. L-30058 A sworn petition that can be filed by any voter
(1969)]. to contest the election of any member of
Congress or local government official on the
Laws governing election contests must be ground of ineligibility or of disloyalty to the
liberally construed to the end that the will of the
Page 289 of 384
Republic of the Philippines [Sec. 253, B.P. Blg.
Election Protest Quo Warranto
881].
obtained the majority but not to install the
It is a proceeding to unseat the respondent of the legal votes protestant in place.
from office but not necessarily to install the and therefore is
petitioner in his place [Samad v. COMELEC, entitled to hold the
supra]. office.
In a quo warranto proceeding, the petitioner is Can only be filed by Can be filed by any
not occupying the position in dispute [Samad v. a candidate who has voter.
COMELEC, supra]. duly filed a
certificate of It is not considered a
Who May File: Any voter. candidacy and has contest where the
been voted for. parties strive for
When to File: Within 10 days after the supremacy.
proclamation of the results of the election.
A protestee may be While the
Grounds ousted and the respondent may be
1. Ineligibility; protestant seated in unseated, the
2. Disloyalty to the Republic. the office vacated. petitioner will not be
seated.
In quo warranto proceedings referring to offices
filled by election, what is to be determined is
Execution Pending Appeal
the eligibility of the candidate elect, while in quo
COMELEC Rules of Procedure, Section 2,
warranto proceedings referring to offices filled
Rule 39 of the Rules of Court allows Regional
by appointment, what is determined is the
Trial Courts to order execution pending appeal
legality of the appointment. In the first case
upon good reasons stated in a special order
when the person elected is ineligible, the court
which may be made to apply suppletorily or by
cannot declare that the candidate occupying
analogy to election cases decided by them.
the second place has been elected, even if he
While execution pending appeal may be
were eligible, since the law only authorizes a
allowed under the foregoing rule, the said
declaration of election in favor of the person
provision must be strictly construed against the
who has obtained a plurality of votes, and has
movant as it is an exception to the general rule
presented his certificate of candidacy. In the
on execution of judgments. Following civil law
second case, the court determines who has
jurisprudence, the reason allowing for
been legally appointed and can and ought to
immediate execution must be of such urgency
declare who is entitled to occupy the office
as to outweigh the injury or damage of the
[Nuval v. Guray, G.R. No. L-30241 (1928)].
losing party should it secure a reversal of the
judgment on appeal [Camilian v. COMELEC,
Distinction between Election Protest and
G.R. No. 124169 (1997)].
Quo Warranto [Lokin v. COMELEC, G.R. No.
179431-32 and G.R. No. 180443 (2010)]
The trial court may grant a motion for execution
pending appeal based on “valid and special
Election Protest Quo Warranto reasons.”
Strictly a contest Refers to questions a. The public interest is involved or the will of
between the of disloyalty or the electorate;
defeated and ineligibility of the b. The shortness of the remaining portion of
winning candidates winning candidate. the term;
based on grounds of c. The length of time that the election contest
election frauds or It is a proceeding to has been pending [Santos v. COMELEC,
irregularities as to unseat the ineligible G.R. No. 155618 (2003)].
who actually person from office,
Page 290 of 384
Actual or Compensatory Damages ii. The MTC decision may be appealed to the
Actual or compensatory damages may be RTC within 10 days from receipt of a copy
granted in all election contests or in quo thereof by the aggrieved party;
warranto proceedings in accordance with law
iii. The RTC should decide the appeal within 30
[Sec. 259, B.P. Blg. 881].
days after filing.
Effect of Filing Petition to Annul or to
Suspend the Proclamation Summary of Rules on Jurisdiction
The filing with the Commission of a petition to
annul or to suspend the proclamation of any Elective Election Appeal Certiorar
candidate shall suspend the running of the Position Protest i
period within which to file an election protest or or Quo
quo warranto proceedings [Sec. 248, B.P. Blg. Warranto
881].
President PET N/A SC
Jurisdiction and Vice
1. SC (acting as PET): Over all contests President
relating to the election, returns, and
Senators SET N/A SC
qualifications of the President or Vice President
[Sec. 4, Art VII, 1987 Constitution].
Members HRET N/A SC
of the
2. HRET/SET: Over all contests relating to the House of
election, returns, and qualifications of their Reps
respective Members [Sec. 17, Art VI, 1987
Constitution]. Regional/ COMELE N/A SC
Provincial C
3. COMELEC: Over all contests relating to the City
elections, returns and qualifications of all Officials
elective regional, provincial and city officials
[Sec. 250, B.P. Blg. 881]. Municipal RTC COMELE SC
Officials C
4. RTC: Over contests involving municipal
Barangay MTC COMELE SC
officials [Sec. 251, B.P. Blg. 881].
Officials C
i. The RTC decision may be appealed to the
COMELEC within 5 days from promulgation
or receipt of a copy thereof by the aggrieved F. Recall
party [Sec. 22, R.A. No. 7166]; Recall is a mode of removal of a public officer
ii. The COMELEC shall decide the appeal by the people before the end of his term of
within 60 days after it is submitted for office [Garcia v. Commission on Elections,
G.R. No. 111511, October 5, 1993].
decision, but not later than 6 months after
the filing of the appeal, which decision shall Who may exercise: registered voters of a
be final, unappealable and executory [Sec. local government unit to which the local
22, R.A. No. 7166]. elective official subject to such belongs [Sec.
69, LGC].
5. MTC: Over election contests involving
barangay officials [Sec. 252, B.P. Blg. 881]. Ground: Loss of confidence [Sec. 69, LGC].
i. The MTC should decide within 15 days after When recall election is held:
a. Barangay, city, or municipal officials:
the filing;
not later than 30 days from completion.
b. Provincial officials: not later than 45
days from completion [Sec. 71, LGC].
Page 291 of 384
Initiation of recall process: supported by the necessary number of
By a petition of a registered voter supported by: registered voters.
a. 25% of registered voters if LGU has voting 2. COMELEC’s Certification of
population of not more than 20,000. Sufficiency. Within 15 days from filing of
b. 20% of registered voters if LGU has voting the petition, the COMELEC must certify
population of 20,000 to 75,000. In no case the sufficiency of the required number of
shall petitioners be less than 5,000. signatures. Failure to obtain the required
c. 15% of registered voters if LGU has voting number shall result in the automatic
population of 75,000 to 300,000. In no nullification of the petition.
case shall petitioners be less than 15,000. 3. Notice, Publication, and Posting. Within
d. 10% of registered voters if LGU has voting 3 days from certification of sufficiency,
population of more than 300,000. In no COMELEC shall:
case shall petitioners be less than 45,000. a. Provide the official subject of recall
[Sec. 70, LGC] with a copy of the petition;
b. Cause the publication of the petition for
Effects on official sought to be recalled: 3 weeks in a national newspaper and a
a. Automatically considered as candidate local newspaper of general circulation;
and is entitled to be voted upon [Sec. 71, and
LGC]; c. c. Cause its posting for 10 to 20 days at
b. Not allowed to resign while recall process conspicuous places.
is in progress [Sec. 73, LGC]. 4. Verification and Authentication of
Signatures. COMELEC verifies and
Effectivity of recall authenticates the signatures.
Upon election and proclamation of a successor 5. Filing of Candidacies. COMELEC
or the candidate receiving the highest number announces the acceptance of candidates
of votes cast during the election on recall [Sec. for the recall election, the official subject of
72, LGC]. the recall being automatically included in
the list.
Signature Requirement: The law states “upon 6. Setting of Election. COMELEC shall set
petition of at least 25% of registered voters” the election within 30 days upon
and not “signed by 25% of the registered completion of the above procedure in
voters.” The petition must be filed not by one barangays, cities, and municipalities; or
person but at least by 25% of the total number within 45 days in provinces.
of registered voters. While the initiatory recall
petition may not yet contain the signatures of at Limitations
least 25% of the total number of registered 1. Any local elective official may be the
voters, the petition must contain the names of subject of recall election only once during
at least 25% of the total number of registered his term of office for loss of confidence
voters in whose behalf only one person may [Sec. 74(a), LGC].
sign the petition in the meantime [Angobung vs 2. No recall election shall take place within
COMELEC, G.R. No. 126576 (1997)]. one (1) year from the date of the official’s
assumption to office or one (1) year
Note: The Angobung decision is likely no immediately preceding a regular local
longer good law as it was decided under the election [Sec. 74(b), LGC].
LGC’s original provisions on recall. As
amended by R.A. No. 9244, Sec. 70 of the LGC The phrase “regular local election” refers to an
seems to require that the petition already election where the office held by the local
contains the required number of signatures elective official sought to be recalled will be
upon the filing thereof [Gatmaytan]. contested and be filled by the electorate [Paras
v. COMELEC, G.R. No. 123169 (1996)].
Procedure
1. Petition. Filed by a registered voter in the As used in Sec. 74(b), LGC, “recall” refers to
LGU concerned to the COMELEC, the election itself by means of which voters
Page 292 of 384

decide whether they should retain their local prosecuting the alleged offenders before the
official or elect his replacement. Hence, recall regular courts of justice [Codilla, Sr. v. De
proceedings may be initiated within 1 year from Venecia, supra].
the official’s assumption of office as long as the
recall election is set outside such period Trial and decision
[Claudio v. COMELEC, G.R. No. 140560 General Rule: RTCs have exclusive original
(2000)]. jurisdiction to try and decide any criminal
actions or proceedings for violation of election
The phrase “immediately preceding a regular laws [Sec. 268, B.P. Blg. 881].
local election” in Sec. 74(b), LGC refers to the
day of the regular election, not the election Exception: MTCs exercise jurisdiction only
period which is normally at least 45 days over offenses relating to failure to register or to
immediately preceding the day of the election vote.
[Claudio v. COMELEC, supra].
Note: Failure to register to vote is no longer an
offense.
V. PROSECUTION OF
ELECTION OFFENSES B. Preferential Disposition of
Election Offenses
A. Jurisdiction over Election The investigating officer shall resolve the case
Offenses within 5 days from submission.
COMELEC has exclusive jurisdiction to
investigate and prosecute cases involving The courts shall give preference to election
violation of election laws [Sec. 2 (6), Art. IX-C, cases over all other cases except petitions for
Constitution]. writ of habeas corpus.
However, it may validly delegate the power to 1. Election Offenses

the Provincial Prosecutor or to the
Ombudsman. Registration
1. Failure of the Board of Election Inspectors
In the event that the COMELEC fails to act on to post the list of voters in each precinct
any complaint within 4 months from its filing, [Sec. 9, R.A. 7166];
the complainant may file the complaint with the 2. Change or alteration or transfer of a
fiscal or the Department of Justice, if warranted voter’s precinct assignment in the
[Sec. 265, B.P. Blg. 881]. permanent list of voters without the
express written consent of the voter [Sec.
It is not the duty of the COMELEC, as 4, R.A. 8189].
investigator and prosecutor, to gather proof in
support of a complaint filed before it Certificate of candidacy
[Kilosbayan v. COMELEC, G.R. No. 128054 1. Continued misrepresentation or holding
(1997)]. out as a candidate of a disqualified
candidate or one declared by final and
The jurisdiction of the COMELEC to disqualify executory judgment to be a nuisance
candidates is limited to those enumerated in candidate [Sec. 27f, R.A. 6646];
section 68 of the Omnibus Election Code. All 2. Knowingly inducing or abetting such
other election offenses are beyond the ambit of misrepresentation of a disqualified or
COMELEC jurisdiction. They are criminal and nuisance candidate [Sec. 27f, R.A. 6646];
not administrative in nature. Pursuant to 3. Coercing, bribing, threatening, harassing,
sections 265 and 268 of the Omnibus Election intimidating, terrorizing, or actually
Code, the power of the COMELEC is confined causing, inflicting or producing violence,
to the conduct of preliminary investigation on injury, punishment, torture, damage, loss
the alleged election offenses for the purpose of or disadvantage to discourage any other
Page 293 of 384
person or persons from filing a certificate Counting of votes
of candidacy in order to eliminate all other 1. Tampering, increasing, decreasing votes,
potential candidates from running in a or refusal to correct tampered votes after
special election [Sec. 5, R.A. 8295]. proper verification and hearing by any
member of the board of election inspectors
Election campaign [Sec. 27b, R.A. 6646];
1. Appointment or use of special policemen, 2. A special election offense to be known as
special agents or the like during the electoral sabotage and the penalty to be
campaign period [Sec. 261m, B.P. Blg. imposed shall be life imprisonment [Sec.
881]; 42, RA 9369];
2. Use of armored land, water or aircraft 3. Refusal to issue to duly accredited
during the campaign period [Sec. 261r, watchers the certificate of votes cast and
B.P. Blg. 881]; the announcement of the election, by any
3. Unlawful electioneering [Sec. 261k, B.P. member of the board of election inspectors
Blg. 881]; [Sec. 27c, R.A. 6646].
4. Acting as bodyguards or security in the
case of policemen and provincial guards Canvassing
during the campaign period [Sec. 261t, Any chairperson of the board of canvassers
B.P. Blg. 881]; who fails to give notice of meeting to other
5. Removal, destruction, obliteration, or members of the board, candidate or political
tampering of lawful election propaganda, party as required [Sec. 27e, R.A. 6646].
or preventing the distribution thereof [Sec.
83, B.P. Blg. 881 vis-à-vis Sec. 262, B.P. Acts of government or public officers
Blg. 881]. 1. Appointment of new employees, creation
of new positions, promotion, or giving
Voting salary increases within the election period
1. Vote-buying and vote-selling [Sec. 261a, [Sec. 261g, B.P. Blg. 881];
B.P. Blg. 881]; 2. Transfer of officers and employees in the
2. Conspiracy to bribe voters [Sec. 261b, civil service within the election period
B.P. Blg. 881]: A disputable presumption without the prior approval of the
of a conspiracy to bribe voters is created COMELEC [Sec. 261h, B.P. Blg. 881];
when there is proof that at least 1 voter in
different precincts representing at least Transfer and detail must be construed in
20% of the total precincts in any their legal and technical meaning. The act
municipality, city or province has been of the Mayor of physically transferring the
offered, promised or given money, office area of the municipal civil registrar
valuable consideration or other from its old location to the Office of the
expenditure by a candidate’s relatives, Mayor “some little steps” away does not
leaders and/or sympathizers for the constitute an election offense under this
purpose of promoting the election of such provision [Causing v. COMELEC, G.R.
candidate [Sec. 28, R.A. 6646]; No. 199139 (2014)].
3. Coercion of subordinates to vote for or 3. Intervening of public officers and
against any candidate [Sec. 261d, B.P. employees in the civil service in any
Blg. 881] – expressly repealed by R.A. No. partisan political activity [Sec. 261i, B.P.
7890 [see Javier v. COMELEC, G.R. No. Blg. 881];
215847 (2016)]; 4. Use of public funds for an election
4. Dismissal of employees, laborers, or campaign [Sec. 261o, B.P. Blg. 881];
tenants for refusing or failing to vote for 5. Illegal release of prisoners before and
any candidate [Sec. 261d(2), B.P. Blg. after election [Sec. 261n, B.P. Blg. 881];
881] – expressly repealed by R.A. No. 6. Release, disbursement or expenditure of
7890 [see Javier v. COMELEC, supra]; public funds during the prohibited period
5. Being a flying voter [Sec. 261z (2), B.P. [Sec. 261v, B.P. Blg. 881];
Blg. 881].
Page 294 of 384

7. Construction of public works, etc. during constitutes a ground for cancellation or
the prohibited period [Sec. 261w, B.P. Blg. revocation of the franchise.
881];
8. Suspension of elective local officials Note: Good faith is not a defense, as election
during the election period without prior offenses are generally mala prohibita.
approval of the COMELEC [Sec. 261x,
B.P. Blg. 881]. 2. Penalties
Coercion, intimidation, violence For individuals
1. Coercion of election officials and 1. Imprisonment of not less than 1 year but
employees; not more than 6 years, without probation
2. Threats, intimidation, terrorism, use of [Sec. 264, B.P. Blg. 881];
fraudulent devices or other forms of 2. Disqualification to hold public office;
coercion [Sec. 261e, B.P. Blg. 881]; 3. Deprivation of the right of suffrage.
3. Use of undue influence [Sec. 261j, B.P.
Blg. 881]; For a Foreigner
4. Carrying deadly weapons within the 1. Imprisonment of not less than 1 year but
prohibited area [Sec. 261p, B.P. Blg. 881]; not more than 6 years (without probation);
5. Carrying firearms outside residence or 2. Deportation after service of sentence.
place of business [Sec. 261q, B.P. Blg.
881]; For a Political Party
6. Organization or maintenance of reaction Payment of a fine not less than P10,000 after a
forces, strike forces, or similar forces criminal conviction.
during the election period [Sec. 261u, B.P.
Blg. 881]. Persons Required by Law to Keep
Prisoners in their Custody
Other prohibitions For prisoners illegally released from any
1. Unauthorized printing of official ballots and penitentiary or jail during the prohibited period,
election returns with printing where such prisoners commit any act of
establishments that are not under contract intimidation, terrorism or interference in the
with the COMELEC [Sec. 27a, R.A. 6646]; election, prison mayor in its maximum period
2. Wagering upon the results of elections [Sec. 264, B.P. Blg. 881].
[Sec. 261c, B.P. Blg. 881];
3. Sale, etc. of intoxicating liquor on the day C. Arrests in Connection with
fixed by law for the registration of voters in
the polling place, or the day before the Election Campaign
election or on election day [Sec. 261dd (1), Only upon a warrant of arrest issued by a
B.P. Blg. 881]; competent judge after all the requirements of
4. Opening booths or stalls within 30 meters the Constitution have been strictly complied
of any polling place [Sec, 261dd (2), B.P. with.
Blg. 881];
5. Holding fairs, cockfights, etc. on Election D. Prescription
Day [Sec. 261dd (3), B.P. Blg. 881]; Five years from the date of their commission. If
6. Refusal to carry election mail during the the discovery of the offense be made in an
election period [Sec. 261dd (4), B.P. Blg. election contest proceeding, the period of
881]. In addition to the prescribed penalty, prescription shall commence on the date on
such refusal constitutes a ground for which the judgment in such proceedings
cancellation or revocation of certificate of becomes final and executory [Sec. 267, B.P.
public convenience or franchise; Blg. 881].
7. Discrimination in the sale of airtime [Sec.
261dd (5), B.P. Blg. 881] In addition to the
prescribed penalty, such refusal
Page 295 of 384

E. Grant of Transactional Penalties
Immunity General Rule:
Any person guilty of violations of Sec. 261a a. Imprisonment of 8 years and one day to 12
(Votebuying and vote-selling) and 261b years without possibility of parole
(Conspiracy to bribe voters) of B.P. Blg. 881 b. Perpetual disqualification to hold public
who voluntarily gives information and willingly and any non-elective public office and
testifies on any violation of said sections in any c. Deprivation of the right of suffrage.
official investigation or proceeding shall be
exempt from prosecution and punishment for Exceptions: Those convicted of the crime of
the offenses with reference to which his electoral sabotage, which includes acts or
information and testimony were given, without offenses committed in any of the following
prejudice to his liability for perjury or false instances:
testimony [Sec. 28, RA 6646]. a. National elective office: When the
tampering, increase and/or decrease of
F. Prohibited Acts under R.A. votes perpetrated or the refusal to credit
9369 the correct votes or to deduct tampered
a. Utilizing without authorization, tampering votes is/are committed in the election of a
with, damaging, destroying or stealing: national elective office which is voted upon
1. Official ballots, election returns, and nationwide and the tampering, increase
certificates of canvass of votes used in and/ or decrease of votes or refusal to
the system; and credit the correct votes or to deduct
2. Electronic devices or their components, tampered votes, shall adversely affect the
peripherals or supplies used in the AES results of the election to the said national
such as counting machine, memory office to the extent that losing candidate/s
pack/diskette, memory pack receiver is /are made to appear the winner/s
and computer set. b. Regardless of the elective office involved:
b. Interfering with, impeding, absconding for When the tampering, increase and/or
purpose of gain, preventing the installation decrease of votes committed or the refusal
or use of computer counting devices and to credit the correct votes or to deduct
the processing, storage, generation and tampered votes perpetrated is
transmission of election results, data or accomplished in a single election
information; document or in the transposition of the
c. Gaining or causing access to using, figure / results from one election document
altering, destroying or disclosing any to another and involved in the said
computer data, program, system software, tampering increase and/or decrease or
network, or any computer-related devices, refusal to credit correct votes or deduct
facilities, hardware or equipment, whether tampered votes exceed 5,000 votes, and
classified or declassified; that the same adversely affects the true
d. Refusal of the citizens’ arm to present for results of the election
perusal its copy of election return to the c. Any and all other forms or tampering
board of canvassers; increase/s and/ or decrease/s of votes
e. Presentation by the citizens’ arm of perpetuated or in cases of refusal to credit
tampered or spurious election returns; the correct votes or deduct the tampered
f. Refusal or failure to provide the dominant votes, where the total votes involved
majority and dominant minority parties or exceed 10,000 votes
the citizens’ arm their copy of election
returns; and Any and all other persons or individuals
g. The failure to post the voters’ list within the determined to be in conspiracy or in
specified time, duration and in the connivance with the members of the BEIs or
designated location shall constitute an BOCs involved shall be meted the same
election offense on the part of the election penalty of life imprisonment.
officer concerned.
Page 296 of 384
LOCAL GOVERNMENTS
INTERNATIONAL LAW
LOCAL GOVERNMENTS POLITICAL LAW
A quasi-public corporation is a private
corporation that renders public service or
LOCAL supplies public wants, such as utility
companies. It combines the elements of both
GOVERNMENTS public and private. Though organized for
private profit, they are compelled by law or
contract to render public services.
I. PUBLIC
CORPORATIONS Government-Owned or Controlled
Corporation (GOCC) refers to any agency
organized as a stock or nonstock corporation,
A. Concept; Distinguished from vested with functions relating to public needs
Government-Owned or whether governmental or proprietary in nature,
Controlled Corporations and owned by the Government of the Republic
of the Philippines directly or through its
A corporation may be classified as either instrumentalities either wholly or, where
public (municipal), private, or quasi-public applicable as in the case of stock corporations,
corporations. to the extent of at least a majority of its
outstanding capital stock: Provided, however,
A public corporation is one that is organized That for purposes of this Act, the term “GOCC”
for the government of a portion of a state, such shall include GICP/GCE and GFI as defined
as a local government unit. It is created for herein [Sec. 3(o), R.A. No. 10149].
public use [Roger W. Cooley, Handbook of the
Law of Municipal Corporations, (1914)]. Non-chartered GOCC refers to a GOCC
organized and operating under Batas
A private corporation is one that is formed by Pambansa Bilang 68, or “The Corporation
some private purpose, benefit, aim, or end Code of the Philippines” [Sec. 3(p), R.A. No.
formed and organized under a general law on 10149].
corporation (e.g., Corporation Code of the
Philippines).
Public Private GOCC
Purpose Administration of For private Conducts both commercial and non-

civil or local aims, gain or commercial activity.
governments. benefits.
Operation Created by general Created by Created by special law or organized under the
of Law or special act. general law. Corporation Code.
Relations As state’s own Not state’s State-owned enterprise; The Government,

to the agency or agency or directly or indirectly, has ownership of the
State instrumentality. instrumentality. majority of the capital or has voting control.
B. Classifications private profit, they are compelled by law or

contract to render public services.
Examples of these corporations are utility,
Quasi-Corporations
railroad, warehouse, telegraph, telephone,
water supply corporations and transportation
Private corporations that render public service
companies. It must be stressed that a quasi-
or supply public wants, such as utility
public corporation is a species of private
companies. It combines the elements of both
corporations, but the qualifying factor is the
public and private. Though organized for
Page 298 of 384
type of service the former renders to the public: 2. Existence/nonexistence of a charter;
if it performs a public service, then it becomes 3. Whether the purpose of the corporation is
a quasi-public corporation [COA v. Pampilo, solely as a governmental agency or one for
Jr., G.R. No. 188760 (2020)]. self-government.
Municipal Corporations a. Elements

1. Legal Corporation/Incorporation;
Municipal Corporation is a body politic and 2. Corporate Name;
corporate constituted by the incorporation of 3. Inhabitants;
the inhabitants for the purpose of local 4. Territory.
government thereof. Established by law partly
as an agency of the state to assist in the civil 1. Legal Corporation or Incorporation
government of the country but chiefly to
regulate and administer the local or internal Refers to the law creating or authorizing the
affairs of the city, town, or district which is creation or incorporation of a municipal
incorporated. corporation.
Municipal Corporation vs. Public Refers to the statute creating the local
Corporation: government unit or, in case of barangays, the
Municipal Corporation applies to incorporated ordinance of a Province, or a Highly Urbanized
villages, towns and cities; with power of local City creating it, although a barangay may also
administration. be created through a statute.
Public Corporation connotes a broader term, 2. A Corporate Name by Which the

established for purposes connected with the Artificial Personality Is Known and in
administration of civil/ local government. Which All Corporate Acts Are Done
Municipal Corporation vs. Quasi- Under the Code [Sec. 13, LGC], the
Municipal Corporation: Sangguniang Panlalawigan may, in
The object of municipal corporation is public, consultation with the Philippine Historical
although incidents connected with it may be of Institute, change the name of the component
private nature, and so far it is subject to the cities and municipalities, upon the
rules of liability controlling private corporations recommendation of the Sanggunian
in the ownership of property. concerned, provided that the same shall be
effective only upon the ratification in a
Meanwhile, the quasi-public corporation is of a plebiscite, conducted for the purpose in the
private nature and object, with incidents only political unit directly affected.
that are public. The municipal corporation is the
only corporation standing as the representative 3. Inhabitants Constituting the
of the purely public corporation. Population
1. Municipal Corporation Proper – Refers to The Code has prescribed the minimum number
incorporated cities, towns, or villages of inhabitants in the creation of a local
invested with the power of local legislation; government unit. MCs are created for the civil
government of inhabitants and the
2. Quasi-Municipal Corporation – Quasi- administration of their local affairs; therefore,
corporation, operates directly as an agency MCs cease to have functions if there are no
of the state to help in the administration of inhabitants.
public functions.
4. Territory Within Which Local Civil
Tests: Government/Corporate Functions Are
1. Voluntary/involuntary nature of the Exercised
corporation;
Page 299 of 384
As a rule, territorial boundaries of municipal agency of the community in the administration
corporations must be definite, fixed or certain. of local affairs, a local government must be
An incorporation is void where the boundaries self-sufficient to exercise its corporate powers
of the municipal corporation are not described and serve its constituents [Lidasan v.
with certainty. COMELEC, G.R. No. L-28089 (1967)].
b. Dual Nature and Functions c. Requisites for Creation, Conversion,

Division, Merger or Dissolution
Local Government Code, Section 15. Political and
Corporate Nature of Local Government Units. – 1. Creation and Conversion
Every local government unit created or recognized
under this Code is a body politic and corporate General Requirements
endowed with powers to be exercised by it in
conformity with law. As such, it shall exercise
powers as a political subdivision of the national
Law and Ordinance
government and as a corporate entity representing A local government unit may be created,
the inhabitants of its territory. divided, merged, abolished or its boundaries
substantially altered either by law enacted by
Congress in the case of province, city,
Political and Corporate Nature: As ordinarily
municipality, or any other political subdivision,
constituted, municipal corporations (and this
or by ordinance passed by the Sangguniang
may be said of the National Government) have
Panlalawigan or Sangguniang Panglungsod
dual character: one governmental,
concerned in the case of a barangay located
legislative, or public; the other, proprietary
within its territorial jurisdiction, subject to such
or private.
limitations and requirements prescribed in the
Code.
Governmental and Proprietary Functions: A
municipal corporation has twin functions:
The creation of a municipal corporation is the
governmental (public or political) and
appropriate and exclusive function of sovereign
proprietary (private, patrimonial or corporate).
legislative power.
Governmental Function:
The power to create a municipal corporation
a. Administration of the power of the state;
cannot, in the absence of constitutional
b. Promoting the public welfare.
provisions permitting it, be delegated by the
Legislature to any inferior and subordinate
Proprietary Function: tribunal or board.
a. For the special benefit and advantage of
the community; Plebiscite
b. For the attainment of collective needs.
Note: Characterizing these dual functions is not 1987 Constitution, Article X, Section 10. No
province, city, municipality, or barangay may be
just for academic purposes. The importance of
created, divided, merged, abolished, or its boundary
this distinction can be exemplified in at least 2 substantially altered, except in accordance with the
respects: criteria established in the local government code and
a. Liability of municipalities for their own acts subject to approval by a majority of the votes cast in
and the acts of their officers; a plebiscite in the political units directly affected.
b. In the extent of legislative control over the
same. The Constitution specifically requires that a
plebiscite should be held in order to lawfully
The characterization also provides the legal create a municipal corporation [Sec. 10, Art. X,
basis for resolving issues brought before 1987 Constitution].
courts:
A cluster of 9 barangays cannot compose a Plebiscite affords those registered voters of a
municipality. The SC states that because of the locality affected by the creation, division,
second function of the LGU, i.e., serving as the
Page 300 of 384
merger, abolition, or alteration of the as they altered boundaries and diminished
boundaries of a local government unit to check the areas of territorial jurisdiction of the
the power of the Congress or the local City of Taguig without the benefit of a
government unit to carry out such actions. plebiscite as required in Section 10, Article
X of the 1987 Constitution. 3. Making the Writ
Plebiscite is required in the cases of downward of Preliminary Injunction dated August 2, 1994
conversion of an independent component city issued by this Court, explicitly referring to
to a mere component city of a province Parcels 3 and 4, Psu-2031 comprising Fort
[Miranda v. Aguirre, G.R. No. 133064 (1999)]. Bonifacio, be made PERMANENT.
The common denominator in Sec. 10, Art. X of
the 1987 Constitution is the material change in On September 28, 2022, the Supreme Court
the political and economic rights of the local has put an end to the land dispute between the
government units directly affected as well as city governments of Makati and Taguig in
the people therein. connection with the Fort Bonifacio Military
Reservation where the Bonifacio Global City
Taguig v Makati Complex is now located. The ruling affirmed
the Pasig RTC Branch 153's decision on July
On November 22, 1993, Taguig, then a 8, 2011 that “Fort Bonifacio Military
municipality, filed before the Regional Trial Reservation is confirmed to be part of the City
Court of Pasig City a Complaint against Makati of Taguig”.
(then also a municipality), Former Executive
Secretary Teofisto P. Guingona, Jr., Former How:
Department of Environment and Natural • Downward conversion - city-wide plebiscite
Resources Secretary Angel Alcala, and Former only;
Director of the Lands Management Bureau • Upward conversion - province-wide
Abelardo Palad, Jr. plebiscite is needed (because substantial
changes in boundaries take place, not just
The Complaint (Territorial Dispute Case) was in the physical boundaries but also
denominated as one for "Judicial Confirmation political) [Umali v COMELEC, G.R. No.
of the Territory and Boundary Limits of Tagig 203974 (2014)].
[sic] and Declaration of the Unconstitutionality
and Nullity of Certain Provisions of Presidential Who, Where:
Proclamations 2475 and 518, with Prayer for The plebiscite requirement requires the
Writ of Preliminary Injunction and Temporary participation of residents of the original local
Restraining Order." This was docketed as Civil government not just those residing in the local
Case No. 63896 and raffled to Branch 153 of government unit sought to be created.
the Regional Trial Court of Pasig City. In this
Complaint, Taguig asserted that the areas When:
comprising the Enlisted Men's Barangays, or Plebiscite schedule set by LGC 1991 is 120
EMBOs, as well as the area referred to as Inner days from the effectivity of the law; COMELEC
Fort in Fort Bonifacio, were within its territory however can postpone this if circumstances
and jurisdiction. warrant such.
In the Decision dated July 8, 2011, the COMELEC has the exclusive charge of the
Regional Trial Court, through Judge Briccio C. enforcement and administration of all laws
Ygaña (Judge Ygaña), ruled in favor of Taguig: relative to the conduct of elections for the
1. Fort Bonifacio Military Reservation purpose of ensuring free, orderly, and honest
consisting of Parcels 3 and 4, Psu-2031, is elections.
confirmed part of the territory of the plaintiff City
of Taguig; 2. Proclamation No. 2475, Series of
1986 and Proclamtion [sic] No. 518, Series of
1990 are hereby declared
UNCONSTITUTIONAL and INVALID, insofar
Page 301 of 384

Compliance with Criterion on Income, substantial compliance with the law is generally
Population, and/or Land Area held sufficient already.
General Rule: Creation of local government Specific Requirements

unit or its conversion from one level to another
shall be based on verifiable indicators or (1) Barangay
viability and projected capacity.
A barangay may be created, divided, merged,
a. Income abolished, or the boundaries substantially
1. Sufficient; altered:
2. Based on acceptable standards; a. by law or by an ordinance of the
3. Provide for all essential government Sangguniang Panlalawigan or
facilities and services and special Sangguniang Panlungsod;
functions commensurate with size of its b. subject to approval by a majority of the
population. votes cast in a plebiscite to be conducted
b. Population by the COMELEC in the local government
1. Be determined as the total number of unit or units directly affected;
inhabitants within the territorial c. Within such a period of time as may be
jurisdiction of the LGU concerned. determined by the laws or ordinance
creating said barangay.
c. Land Area
1. Contiguous (unless it comprises 2 or In the case of the creation of Barangays by the
more islands or is separated by a LGU Sangguniang Panlalawigan, the
independent of others); recommendation of the Sangguniang Bayan
2. Properly identified by metes and concerned shall be necessary.
bounds with technical descriptions;
3. Sufficient to provide for such basic Requirements:
services and facilities to meet the 1. Contiguous territory (need not be
requirements of its populace. contiguous IF it comprises of 2 or more
islands);
Compliance with the foregoing indicators shall 2. Population of at least 2000 inhabitants as
be attested to by the Department of Finance certified by the NSO, now PSA (outside
(DOF), National Statistics Office (NSO), now MM);
Philippine Statistics Authority (PSA) and the 3. Population of 5000 inhabitants for cities
Land Management Bureau of the Department and municipalities within Metro Manila and
of Environment and Natural Resources other metropolitan political subdivisions or
(DENR). in highly urbanized cities;
4. Territorial jurisdiction of the new barangay
Compliance is a question of fact. In shall be properly identified by metes and
administrative law, findings of facts by the bounds or by more or less permanent
administrative agencies are generally binding natural boundaries;
and conclusive. Findings of facts by DOF, PSA, 5. No income requirement; and
and DENR are accorded with respect and 6. The creation thereof shall not reduce the
presumption of regularity (unless there is grave land area, population or income of the
abuse of discretion). original barangay or barangays to less than
the minimum requirements prescribed in
Exception: “de minimis non curat lex”; The the Code.
erection of the municipality is not academic but
political. The courts shall apply, in cases Process:
challenging the existence of corporations, 1. The governor or city mayor may prepare a
those larger rules of life and action which consolidation plan for barangays based on
pertain to public affairs and give substantial the criteria prescribed in Sec 386 of the
justice. Above provisions are directory and LGC, within his territorial jurisdiction.
Page 302 of 384

2. The plan shall be submitted to the (3) City
Sangguniang Panlalawigan or
Sangguniang Panglungsod concerned for A city may be created, divided, merged,
appropriate action. abolished, or the boundaries substantially
3. For municipalities within the Metropolitan altered:
Manila area and other metropolitan political ● Only by Act of Congress;
divisions, the plan shall be prepared and ● Subject to approval by a majority of the
approved by the Sangguniang Bayan votes cast in a plebiscite to be conducted
concerned. by the COMELEC in the local government
unit or units directly affected;
(2) Municipality ● Held within 120 days from the date of its
effectivity, except as may otherwise be
A municipality may be created, divided, provided in the said Act.
merged, abolished, or the boundaries
substantially altered: A municipality or a cluster of barangays may be
● Only by Act of Congress; converted into a component city if:
● Subject to approval by a majority of the 1. It has locally generated average annual
votes cast in a plebiscite to be conducted income as certified by the DOF of at least
by the COMELEC in the local government P100 million for the last consecutive years
unit or units directly affected; based on 2,000 constant prices (limited to
● Held within 120 days from the date of its generally generated, excluding internal
effectivity, except as may otherwise be revenue allotments);
provided in the said Act. 2. If it has either of the following:
a. A contiguous territory of at least 100 sq.
Requirements: km, as certified by the LMB;
1. Average annual income of at least b. A population of not less than 150,000
P2,500,000 for the last two consecutive inhabitants, as certified by the NSO
years based on the 1991 constant prices, now PSA.
as certified by the provincial treasurer. 3. The creation thereof shall not reduce the
land area, population or income of the
The average annual income shall include original unit or units at the time of said
the income accruing to the general fund of creation to less than the minimum
the municipality, exclude the special funds, requirements prescribed in the Code;
transfers, and non-recurring income. 4. Territorial jurisdiction of the new
2. Population of 25,000 inhabitants as municipality shall be properly identified by
certified by the NSO now PSA. metes and bounds. Need not be
3. Contiguous territory of at least 50 sq. contiguous IF it comprises 2 or more
kilometers as certified by the LMB (need islands.
not be contiguous IF it comprises 2 or more
islands). (4) Highly Urbanized City
4. The creation thereof shall not reduce the
land area, population or income of the Have minimum population of 200,000
original municipality or municipalities at the inhabitants and latest annual income of at least
time of said creation to less than the P50 million.
minimum requirements prescribed in the
Code. The president has the duty to declare a city as
5. Territorial jurisdiction of the new highly urbanized within 30 days after meeting
municipality shall be properly identified by the minimum requirements, upon proper
metes and bounds. application and ratification through plebiscite.
Page 303 of 384

(5) Province municipal boundaries) or adjacent (lying near
to, but not actually touching).
A province may be created, divided, merged,
abolished, or the boundaries substantially Where 2 or more municipal corporations are
altered: consolidated under one government, the old
● Only by Act of Congress; corporation become extinct unless otherwise
● Subject to approval by a majority of the provided.
votes cast in a plebiscite to be conducted
by the COMELEC in the local government If there is consolidation, the ordinances of the
unit or units directly affected; 2 former cities will be and remain in force within
● Held within 120 days from the date of its the territory of the old cities, respectively UNTIL
effectivity, except as may otherwise be the common council of the consolidated city
provided in the said Act. shall enact a code of ordinances for the
government of the new municipality.
Requirements:
1. Average annual income as certified by the Once a municipal corporation is legislated out
DOF, of not less than P20 million based on of existence and its territory annexed to
1991 constant prices; another, the latter becomes:
2. Either of the following requisites: ● Entitled to all of its assets, property, and
a. A contiguous territory of at least 2000 immunities;
sq. km, as certified by the LMB; ● Severally liable for a proportionate share of
b. A population of not less than 250,000 all its then subsisting legal debts;
inhabitants, as certified by the NSO ● Vested with the power to raise revenue
now PSA. with which to pay them by levying taxes on
3. The territory need not be contiguous if it the property transferred and on the
comprises 2 or more islands or is persons residing there.
separated by a chartered city or cities
which do not contribute to the income of the The annexed territory:
province. ● Would be dissolved and becomes part of
and fall under the jurisdiction of the
(6) Merger and Division annexing corporation;
● Its officers or the agents would terminate
The division and merger of existing local their official relations with their offices;
government units shall comply with the same ● Title to properties would be passed on or
requirements prescribed for their creation. transferred without compensation;
● Debts and obligations contracted prior to
The division however: annexation will be assumed by the
● Shall NOT reduce the income, population, annexing corporation unless otherwise
or land area of the local government unit or provided in the law.
units concerned to less than the minimum
requirements prescribed in the Code; (7) Substantial Alteration of Boundaries
● Should not have income classification fall
below its current income classification No substantial alteration of boundaries of local
(prior to the division). government units shall take effect unless
approved by a majority of the votes cast in a
The income classification of local government plebiscite called for the purpose, conducted by
units shall be updated within 6 months from the the COMELEC, 120 days from effectivity of the
Code’s effectivity. This will reflect the changes law or ordinance of such action, unless said law
in their financial position resulting from the or ordinance fixes another date.
increased revenues.
General Rule: Territory to be annexed to a

municipality must be contiguous (touch the
Page 304 of 384

Nature of Boundaries - Physical and Any party may elevate the decision of the
Political sanggunian to the RTC having jurisdiction over
Boundaries - not limited to geographical the area in dispute. The RTC shall decide the
configuration, or physical changes in the metes appeal 1 year from the filing.
and bounds of the territory BUT ALSO a
modification of demarcation lines between (8) Abolition
political subdivisions.
The Legislature has the power to dissolve a
A resolution of a City Council mandating that municipal corporation and terminate its
the Real Property Tax Declaration of a existence.
taxpayer be transferred from one barangay to
another, effectively alters the boundaries of the When is a local government abolished?
barangays concerned. This is NOT permitted a. When its income, population or land area
unless there be a law/ordinance and a has been irreversibly reduced to less than
plebiscite as required by the Code [City of the minimum standards prescribed for its
Parañaque v. Katipunan ng mga Mamamayan creation under the Code;
ng Bagong Parañaque, Inc., G.R. No. 225158 b. The reduction must be certified by the
(2015)]. national agencies mentioned in Sec. 17 to
the Congress of the Sanggunian
Settlement of Boundary Disputes concerned.
Boundary disputes between and among local
government units shall, as much as possible, Congress may carry out the abolition in the
be settled amicably. case of a province, city, municipality or any
other political subdivision.
Local Government
Referred to: The Sangguniang Panlalawigan or
Units Involved
Sangguniang Panlungsod may carry out the
2 or more barangays in Sangguniang same in the case of a barangay except in
the same city or Panlungsod or Metropolitan Manila area and in cultural
municipality. Sangguniang Bayan communities.
concerned.
2 or more Sangguniang No abolition shall take effect unless approved
municipalities within Panlalawigan by a majority of the votes cast in a plebiscite
the same province. concerned. called for the purpose.
Municipalities or Jointly to the Irreversible reduction to less than the minimum
component cities of Sanggunians of the standards does NOT ipso facto abolish the
different provinces. provinces concerned. local government unit. It is merely a ground and
a further act, law or ordinance is required for
Component city or Component city or abolition to be effected.
municipality vs. highly municipality on the
urbanized city or highly one hand. (9) Autonomous Regions (Muslim
urbanized city vs. Mindanao and the Cordilleras)
highly urbanized city.
The 1987 Constitution itself mandates the
creation autonomous regions in Muslim
If the sanggunian fails to issue an amicable Mindanao and in the Cordilleras consisting of
settlement 60 days from referral, it shall issue provinces, cities, municipalities, and
a certificate to that effect. Thereafter, the geographical areas sharing common and
dispute shall be formally tried by the distinctive historical and cultural heritage,
sanggunian concerned which shall decide the economic, and social structures, and other
issue 60 days from the date of the certificate. relevant characteristics within the framework of
the Constitution.
Page 305 of 384

The creation of the autonomous region shall be (10) Beginning of Corporate Existence
effective when approved by the majority of the
votes cast by the constituent units in a Under the Local Government Code of 1991,
plebiscite, provided that only provinces, cities, when a new local government unit is created,
and geographical areas voting favorably in its corporate existence shall commence upon
such plebiscite shall be included in the the election and qualification of its chief
autonomous region. executive and a majority of the members of its
Sanggunian, unless some other time is fixed by
Region connotes more than one constitutional the law or ordinance creating it.
unit. Only one province favoring the creation of
the Cordillera Autonomous Region cannot In other words, the beginning of the corporate
validly constitute such region [Ordillo v. existence is what is fixed by the law or
COMELEC, 192 SCRA 100 (1990)]. ordinance. If silent, then it shall be upon the
election and qualification of the local chief and
majority of the Sanggunian members.
II. PRINCIPLES OF LOCAL AUTONOMY

1987 Constitution, Article X, Section 2. The
territorial and political subdivisions shall enjoy local
(c) It is likewise the policy of the State to require all
autonomy.
national agencies and offices to conduct periodic
consultations with appropriate local government
Local Government Code, Section 2. Declaration units, nongovernmental and people’s organizations,
of Policy. – (a) It is hereby declared the policy of the and other concerned sectors of the community
State that the territorial and political subdivisions of before any project or program is implemented in
the State shall enjoy genuine and meaningful local their respective jurisdictions.
autonomy to enable them to attain their fullest
development as self-reliant communities and make
them more effective partners in the attainment of A. Autonomy and
national goals. Toward this end, the State shall
provide for a more responsive and accountable local
Decentralization; Devolution
government structure instituted through a system of
decentralization whereby local government units Decentralization v. Devolution
shall be given more powers, authority,
responsibilities, and resources. The process of Decentralization refers to either
decentralization shall proceed from the national
government to the local government units.
● decentralization of administration
(b) It is also the policy of the State to ensure the (deconcentration); or
accountability of local government units through the ● decentralization of power (devolution).
institution of effective mechanisms of recall, initiative
and referendum.
Decentralization of Administration Decentralization of Power
Occurs when the central government delegates administrative

Abdication of political power in
powers to political subdivision in order to make it more
favor of LGUs declared to be
responsive [Limbona v. Mangellin, G.R. No. 80391 (1989)].
autonomous regions, making
the latter no longer accountable
Relieves the central government of the burden of managing
to the National government, but
local affairs and enables it to concentrate on national concerns.
to its constituency [Ganzon v.
CA, G.R. No. 93252 (1991)].
The President exercises “general supervision” over them
Page 306 of 384

Decentralization of Administration Decentralization of Power
only to “ensure that local affairs are administered according to

law.” He has no control over their acts in the sense that he can
substitute their judgments with his own [Ganzon v. CA, supra].
Devolution is the act by which the national throughout the State. A reason advanced for
government confers power and authority upon this view is that such ordinances are in excess
the various local government units to perform of the powers granted to the municipal
specific functions and responsibilities [Sec. 17, corporation [Batangas CATV, Inc. v. CA, G.R.
LGC]. No. 138810 (2004)].
The principle of local autonomy under the 1987 Local Autonomy and Decision Making
Constitution simply means decentralization
[Basco v. PAGCOR, G.R. No. 91649 (1991)]. Police power is the power to prescribe
regulations to promote the health, morals,
Note: Basco was decided prior to the LGC. peace, education, good order, safety, and
Basco holds that the Constitution guarantees general welfare of the people. As an inherent
decentralization but says nothing which attribute of sovereignty, police power primarily
precludes devolution. The Court later rests with the State. In furtherance of the
recognized that “the centerpiece of LGC is the State’s policy to foster genuine and meaningful
system of decentralization. Indispensable local autonomy, the national legislature
thereto is devolution and the LGC expressly delegated the exercise of police power to local
provides that “any provision on a power of a government units (LGUs) as agents of the
local government unit shall be liberally State. Such delegation can be found in Section
interpreted in its favor, and in case of doubt, 16 of the LGC, which embodies the general
any question thereon shall be resolved in favor welfare clause. Since LGUs exercise
of devolution of powers and of the lower local delegated police power as agents of the State,
government unit” [Tano v. Socrates, G.R. No. it is incumbent upon them to act in conformity
110249 (1997), citing Sec. 5(a), LGC]. to the will of their principal, the State.
Necessarily, therefore, ordinances enacted
The Constitution provides for political pursuant to the general welfare clause may not
autonomy (and not merely administrative subvert the State’s will by contradicting
autonomy) for autonomous regions [Cordillera national statutes [City of Batangas v. Phil. Shell
Broad Coalition v. COA, G.R. No. 79956 Petroleum Corp., G.R. No. 195003 (2017)].
(1990)].
Power of Supervision v. Power
Local Autonomy and National
Accountability
of Control
Where there is no express power in the charter 1987 Constitution, Article X, Section 4. The
of a municipality authorizing it to adopt President of the Philippines shall exercise general
supervision over local governments. Provinces with
ordinances regulating certain matters which
respect to component cities and municipalities, and
are specifically covered by a general statute, a cities and municipalities with respect to component
municipal ordinance, insofar as it attempts to barangays, shall ensure that the acts of their
regulate the subject which is completely component units are within the scope of their
covered by a general statute of the legislature, prescribed powers and functions.
may be rendered invalid.
Where the subject is of statewide concern, and The Constitution confines the President’s
the legislature has appropriated the field and power over local governments to one of
declared the rule, its declaration is binding general supervision.
Page 307 of 384
Supervision Control
Overseeing; the power or authority of an officer Power of an officer to alter or modify or nullify
to see that subordinate officers perform their or set aside what a subordinate officer has
duties. done in the performance of his duties.
If a subordinate fails, the superior may take If a subordinate fails, the superior may
such action or step as prescribed by law to substitute the judgment of the latter for that of
make them perform their duties. the former.
Supervising officials merely see to it that the

rules are followed, but they themselves do not Officers in control lay down the rules in the
lay down such rules, nor do they have the performance or accomplishment of an act. If
discretion to modify or replace them. If the rules these rules are not followed, they may, in their
are not observed, they may order the work discretion, order the act undone or redone by
done or redone, but only to conform to such their subordinates or even decide to do it
rules. They may not prescribe their own themselves.
manner of execution of the act.
[Pimentel, Jr. v. Aguirre, G.R. No. 132988 (2000)]
B. Local Fiscal Autonomy involves the delivery of basic services within

the jurisdiction of the LGU [Pimentel, Jr. v.
Ochoa, G.R. No. 195770 (2012)].
1987 Constitution, Article X, Section 5. Each
local government unit shall have the power to create
its own sources of revenues and to levy taxes, fees,
Under existing laws, LGUs enjoy not only
and charges subject to such guidelines and administrative autonomy, but also local fiscal
limitations as the Congress may provide, consistent autonomy.
with the basic policy of local autonomy. Such taxes,
fees, and charges shall accrue exclusively to the This means that LGUs have the power to
local governments. create their own sources of revenue in addition
to their equitable share in the national taxes
Fiscal Autonomy and Self–Reliance: In order released by the national government, as well
to fully secure to the LGUs the genuine and as the power to allocate their resources in
meaningful autonomy that would develop them accordance with their own priorities.
into self-reliant communities and effective
partners in the attainment of national goals, It extends to the preparation of their budgets,
Section 17 of the Local Government Code and local officials in turn have to work within the
vested upon the LGUs the duties and functions constraints thereof. They are not formulated at
pertaining to the delivery of basic services and the national level and imposed on local
facilities. Paragraph (c) of the same provision governments, whether they are relevant to
provides a categorical exception of cases local needs and resources or not.
involving nationally funded projects, facilities,
programs and services. Local fiscal autonomy does not rule out any
manner of national government intervention by
The essence of this express reservation of way of supervision, to ensure that local
power by the national government is that, programs, fiscal and otherwise, are consistent
unless an LGU is particularly designated as the with national goals [Pimentel, Jr. v. Aguirre,
implementing agency, it has no power over a supra].
program for which funding has been provided
by the national government under the annual
general appropriations act, even if the program
Page 308 of 384
Sources of LGU Funds evaluation by the Development Budget
Coordinating Committee of the emerging fiscal
● Taxes, fees, and charges which accrue situation” is invalid and unconstitutional. The
exclusively for their use and disposition; “temporary” nature of the retention by the
● Just share in national taxes which shall be national government does not matter. Any
automatically and directly released to retention is prohibited [Pimentel, Jr. v. Aguirre,
them; supra].
● Equitable share in the proceeds from
utilization and development of national Since under Sec. 6, Art X of the Constitution,
wealth and resources within their territorial only the just share of local governments is
jurisdiction [Sec. 18, LGC]. qualified by the words “as determined by law,”
and not the release thereof, the plain
a. Internal Revenue Allotments implication is that Congress is not authorized
by the Constitution to hinder or impede the
automatic release of the IRA [ACORD, Inc. v.
1987 Constitution, Article X, Section 6. Local
Zamora, G.R. No. 144256 (2005)].
government units shall have a just share, as
determined by law, in the national taxes which shall
be automatically released to them. c. Consultation
General Rule: LGUs shall have a 40% share Local Government Code, Section 26. Duty of
in the national internal revenue taxes based on National Government Agencies in the Maintenance
of Ecological Balance. – It shall be the duty of every
the collection of the third fiscal year preceding national agency or GOCC authorizing or involved in
the current fiscal year [Sec. 284(c), LGC]. the planning and implementation of any project or
program that may cause pollution, climatic change,
Exception: When the national government depletion of non-renewable resources, loss of
incurs an unmanageable public sector deficit, cropland, rangeland, or forest cover, and extinction
the President is authorized to reduce the IRA of animal or plant species, to consult with the LGUs,
NGOs, and other sectors concerned and explain the
to 30% [Sec. 284, LGC]. goals and objectives of the project or program, its
impact upon the people and the community in terms
Requisites for the Exception of environmental or ecological balance, and the
1. Unmanageable public sector deficit; measures that will be undertaken to prevent or
2. Recommendation of the Secretaries of minimize the adverse effects thereof.
a. Finance;
b. Internal and Local Government; and
Local Government Code, Section 27. Prior
c. Budget and Management; and
Consultations Required. – No project or program
3. Consultation with shall be implemented by government authorities
a. Heads of both Houses of Congress; unless the consultations in Sections 2(c) and 26
and hereof are complied with, and prior approval of the
b. Presidents of the Liga [Sec. 284, LGC]. Sanggunian concerned is obtained.
b. Automatic Release Section 27 of the Code should be read in

conjunction with Section 26 thereof. Thus, the
The share of each LGU shall be released, projects and programs mentioned in Section 27
without need of any further action, directly to should be interpreted to mean projects and
the respective treasurer on a quarterly basis programs whose effects are among those
within 5 days after the end of each quarter, and enumerated in Sections 26 and 27, to wit, those
which shall not be subject to any lien or that: (1) may cause pollution; (2) may bring
holdback that may be imposed by the national about climatic change; (3) may cause the
government for whatever purpose [Sec. depletion of non-renewable resources; (4) may
286(a), LGC]. result in loss of crop land, rangeland, or forest
cover; (5) may eradicate certain animal or plant
Sec. 4 of A.O. 372, withholding 10% of the species; and (6) other projects or programs
LGUs’ IRA “pending the assessment and
Page 309 of 384
that may call for the eviction of a particular their own local executives and legislative
group of people residing in the locality where assemblies. The jurisdiction of the metropolitan
these will be implemented [Bangus Fry authority that will hereby be created shall be limited
Fisherfolk v. Lanzanas, G.R. No. 131442 to basic services requiring coordination.
(2003)].
Article X, Section 12. Cities that are highly
urbanized, as determined by law, and component
As to Subic Special Economic Zone (SSEZ): cities whose charters prohibit their voters from voting
Consultations are not required when the very for provincial elective officials, shall be independent
law unambiguously provides that the LGUs do of the province. The voters of component cities within
not retain their basic autonomy and identity a province, whose charters contain no such
when it comes to matters specified by the law prohibition, shall not be deprived of their right to vote
for elective provincial officials.
as falling under the powers, functions, and
prerogatives of the SBMA. Under R.A. No.
7227, the power to approve or disapprove 2. Under the LGC
projects within the SSEZ is one such power
over which the SBMA’s authority prevails over
Local Government Code, Section 3. Operative
the LGU’s authority [Paje v. Casiño, G.R. No. Principles of Decentralization. – The formulation
207257 (2015)]. and implementation of policies and measures on
local autonomy shall be guided by the following
Accountability operative principles:
(a) There shall be an effective allocation among the
different local government units of their
Local Government Code, Section 2(b). It is also respective powers, functions, responsibilities,
the policy of the State to ensure the accountability of and resources;
local government units through the institution of (b) There shall be established in every local
effective mechanisms of recall, initiative and government unit an accountable, efficient, and
referendum. dynamic organizational structure and operating
mechanism that will meet the priority needs and
service requirements of its communities;
a. Basic Principles (c) Subject to civil service law, rules and
regulations, local officials and employees paid
1. Under the 1987 Constitution wholly or mainly from local funds shall be
appointed or removed, according to merit and
fitness, by the appropriate appointing authority;
Article X, Section 1. The territorial and political (d) The vesting of duty, responsibility, and
subdivisions of the Republic of the Philippines are accountability in local government units shall be
the provinces, cities, municipalities, and barangays. accompanied with provision for reasonably
There shall be autonomous regions in Muslim adequate resources to discharge their powers
Mindanao and the Cordilleras as hereinafter and effectively carry out their functions; hence,
provided. they shall have the power to create and
broaden their own sources of revenue and the
Article X, Section 3. The Congress shall enact a right to a just share in national taxes and an
local government code which shall provide for a equitable share in the proceeds of the utilization
more responsive and accountable local government and development of the national wealth within
structure instituted through a system of their respective areas;
decentralization with effective mechanisms of recall, (e) Provinces with respect to component cities and
initiative, and referendum, allocate among the municipalities, and cities and municipalities with
different local government units their powers, respect to component barangays, shall ensure
responsibilities, and resources, and provide for the that the acts of their component units are within
qualifications, election, appointment and removal, the scope of their prescribed powers and
term, salaries, powers and functions and duties of functions;
local officials, and all other matters relating to the (f) Local government units may group themselves,
organization and operation of the local units. consolidate or coordinate their efforts, services,
and resources for purposes commonly
Article X, Section 11. The Congress may, by law, beneficial to them;
create special metropolitan political subdivisions, (g) The capabilities of local government units,
subject to a plebiscite as set forth in Section 10 especially the municipalities and barangays,
hereof. The component cities and municipalities shall shall be enhanced by providing them with
retain their basic autonomy and shall be entitled to opportunities to participate actively in the
Page 310 of 384

implementation of national programs and 3. The general welfare provisions in this Code
projects; shall be liberally interpreted to give more
(h) There shall be a continuing mechanism to powers to local government units in
enhance local autonomy not only by legislative accelerating economic development and
enabling acts but also by administrative and upgrading the quality of life for the people
organizational reforms;
in the community;
(i) Local government units shall share with the
national government the responsibility in the 4. Rights and obligations existing on the date
management and maintenance of ecological of effectivity of this Code and arising out of
balance within their territorial jurisdiction, contracts or any other source of prestation
subject to the provisions of this Code and involving a local government unit shall be
national policies; governed by the original terms and
(j) Effective mechanisms for ensuring the
conditions of said contracts or the law in
accountability of local government units to their
respective constituents shall be strengthened in force at the time such rights were vested;
order to upgrade continually the quality of local and
leadership; 5. In the resolution of controversies arising
(k) The realization of local autonomy shall be under this Code where no legal provision
facilitated through improved coordination of or jurisprudence applies, resort may be had
national government policies and programs and
to the customs and traditions in the place
extension of adequate technical and material
assistance to less developed and deserving where the controversies take place.
local government units;
(l) The participation of the private sector in local Effectivity Date of the Local Government
governance, particularly in the delivery of basic Code: January 1, 1992
services, shall be encouraged to ensure the
viability of local autonomy as an alternative
strategy for sustainable development; and Local Government Code, Section 5(d). Rights and
(m) The national government shall ensure that obligations existing on the date of effectivity of this
decentralization contributes to the continuing Code and arising out of contracts or any other source
improvement of the performance of local of prestation involving a local government unit shall
government units and the quality of community be governed by the original terms and conditions of
life. said contracts or the law in force at the time such
rights were vested;
Rules of Interpretation of the provisions

of the LGC [Sec. 5, LGC] Local Government Code, Sec. 536. Effectivity
1. Any provision on a power of a local Clause. – This Code shall take effect on January first,
government unit shall be liberally Nineteen Hundred Ninety-Two, unless otherwise
provided herein, after its complete publication in at
interpreted in its favor;
least one (1) newspaper of general circulation.
● In case of doubt, any question thereon
shall be resolved in favor of devolution
of powers and of the lower local
government unit. III. AUTONOMOUS
● Any fair and reasonable doubt as to the
existence of the power shall be
REGIONS AND THEIR
interpreted in favor of the local RELATION TO THE
government unit concerned.
2. In case of doubt, any tax ordinance or
NATIONAL GOVERNMENT
revenue measure shall be construed
strictly against the local government unit 1987 Constitution, Article X, Section 11. The
enacting it, and liberally in favor of the Congress may, by law, create special metropolitan
political subdivisions, subject to a plebiscite as set
taxpayer;
forth in Section 10 hereof. The component cities and
● Any tax exemption, incentive or relief municipalities shall retain their basic autonomy and
granted by any local government unit shall be entitled to their own local executive and
pursuant to the provisions of this Code legislative assemblies. The jurisdiction of the
shall be construed strictly against the metropolitan authority that will thereby be created
person claiming it.
Page 311 of 384
shall be limited to basic services requiring An Autonomous Region Is Considered a

coordination. Form of Local Government in Section 1,
Article X of the Constitution
1987 Constitution, Article X, Section 15. There From the perspective of the Constitution,
shall be created autonomous regions in Muslim
autonomous regions are considered one of the
Mindanao and in the Cordilleras consisting of
provinces, cities, municipalities, and geographical forms of local governments, as evident from
areas sharing common and distinctive historical and Article X of the Constitution entitled “Local
cultural heritage, economic and social structures, Government.” Autonomous regions are
and other relevant characteristics within the established and discussed under Sections 15
framework of this Constitution and the national to 21 of this Article — the article wholly devoted
sovereignty as well as territorial integrity of the
to Local Government. That an autonomous
Republic of the Philippines.
region is considered a form of local
government is also reflected in Section 1,
The autonomous regions must consist of Article X of the Constitution [Kida v. Senate of
provinces, cities, municipalities and the Philippines, G.R. No. 196271 (2011)].
geographical areas sharing:
1. Common and distinctive historical and The organic act of autonomous regions shall
cultural heritage; provide for legislative powers over:
2. Economic and social structures; ● Administrative organization;
3. Other relevant characteristics. ● Creation of sources of revenues;
● Ancestral domain and natural resources;
1987 Constitution, Article X, Section 16. The ● Personal, family, and property relations;
President shall exercise general supervision over ● Regional urban and rural planning
autonomous regions to ensure that laws are development;
faithfully executed. ● Economic, social, and tourism
development;
1987 Constitution, Article X, Section 17. All
● Educational policies;
powers, functions, and responsibilities not granted
by this Constitution or by law to the autonomous ● Preservation and development of cultural
regions shall be vested in the National heritage; and
Government. ● Such other matters as may be authorized
by law for the promotion of the general
1987 Constitution, Article X, Section 21. The welfare of the people of the region [Sec. 20,
preservation of peace and order within the regions
Art. X, 1987 Constitution].
shall be the responsibility of the local police
agencies which shall be organized, maintained,
supervised, and utilized in accordance with Note: The autonomous governments of
applicable laws. The defense and security of the Mindanao are subject to the jurisdiction of our
regions shall be the responsibility of the National national courts [Limbona v. Mangellin, G.R. No.
Government. 80391 (1989)].
An autonomous region is created via the Plebiscite Required

enactment of an organic act by Congress with
participation of the regional consultative
1987 Constitution, Article X, Section 18(2). The
commission. The organic act shall: creation of autonomous region shall be effective
1. Define the basic structure of government when approved by a majority of the votes cast by the
for the region consisting of the executive constituent units in a plebiscite called for the
department and legislative assemblies, purpose, provided that only provinces, cities, and
both of which shall be elective and geographic areas voting favorably in such plebiscite
shall be included in the autonomous region.
representative of the constituent political
units; and,
2. Provide for special courts with personal, Majority Requirement: What is required by
family, and property law jurisdiction [Sec. the Constitution is a simple majority of votes
18, Art. X, 1987 Const.]. approving the Organic Act in individual
constituent units.
Page 312 of 384
A double majority in (1) all constituent units put Within their respective territorial
together, (2) as well as in the individual jurisdictions, LGUs shall ensure and
constituent units is not required [Abbas v. support:
COMELEC, G.R. No. 89651 (1989)]. 1. Preservation and enrichment of culture;
2. Promotion of health and safety;
Sole province cannot validly constitute an 3. Enhancement of the right of the people to
autonomous region: An autonomous region a balanced ecology;
cannot be created if only one province 4. Development of self-reliant scientific and
approved of its creation in the plebiscite called technological capabilities;
for the purpose [Ordillo v. COMELEC, G.R. No. 5. Improvement of public morals;
93054 (1990), on the plebiscite concerning the 6. Enhancement of economic prosperity and
Cordilleras]. social justice;
7. Promotion of full employment among
Not all amendments require plebiscite: Only residents;
amendments to, or revisions of, the Organic 8. Maintenance of peace and order;
Act constitutionally essential to the 9. Preservation of the comfort and
creation of autonomous regions — those convenience of its inhabitants [Sec. 16,
aspects specifically mentioned in the LGC].
Constitution which Congress must provide for
in the Organic Act — require ratification 1. Police Power
through a plebiscite.
General Welfare
Rationale: If all amendments to the Organic
Act have to undergo the plebiscite requirement
before becoming effective, this would hamper Local Government Code, Section 16. General Welfare.
– Every local government unit shall exercise the powers
the ARMM’s progress by impeding Congress expressly granted, those necessarily implied therefrom,
from enacting laws that timely address as well as powers necessary, appropriate, or incidental
problems as they arise in the region, as well as for its efficient and effective governance, and those which
weighing down the ARMM government with the are essential to the promotion of the general welfare.
costs that unavoidably follow the holding of a Within their respective territorial jurisdictions, local
plebiscite [Kida v. Senate of the Philippines, government units shall ensure and support, among other
things, the preservation and enrichment of culture,
G.R. No. 196271 (2011)]. promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support
IV. LOCAL GOVERNMENT the development of appropriate and self-reliant scientific
and technological capabilities, improve public morals,
UNIT (LGU) enhance economic prosperity and social justice, promote
full employment among their residents, maintain peace
and order, and preserve the comfort and convenience of
A. Powers their inhabitants.
Sources of Power
Police power is vested primarily with the
1. 1987 Constitution;
national legislature, which may delegate the
2. Local Government Code and special laws;
same to local governments through the
3. Charter of the LGU.
enactment of ordinances through their
legislative bodies (Sanggunian). This
Four Categories of Powers Exercised by
delegation is provided by the general welfare
LGUs
clause under Sec. 16 of the LGC.
1. Powers expressly granted;
2. Powers necessarily implied therefrom; Accordingly, the police power is exercised by
3. Powers necessary, appropriate, or
the Sangguniang Barangay, not the punong
incidental for efficient and effective barangay. The latter merely executes the laws
governance;
and ordinances already enacted [Cruz v.
4. Powers essential to the promotion of the Pandacan Hikers Club, Inc., G.R. No. 188213
general welfare [Sec. 16, LGC].
(2016)].
Page 313 of 384
It is a general rule that ordinances passed by interfere with personal liberty, with property,
virtue of the implied power found in the general and with business and occupations. Thus,
welfare clause must be reasonable, consonant persons may be subjected to certain kinds of
with the general powers and purposes of the restraints and burdens to secure the general
corporation, and not inconsistent with the laws welfare of the state and to this fundamental aim
or policy of the State [U.S. v. Salaveria, G.R. of government, the rights of the individual may
No. 13678 (1918)]. be subordinated. The ordinance which
regulates the location of funeral homes has
The exercise of police power must not violate been adopted as part of comprehensive zoning
the equal protection clause of the Constitution plans for the orderly development of the area
[Viray v. Caloocan, G.R. No. 23118 (1967)]. covered thereunder [Patalinghug v. Court of
Appeals, G.R. No. 104786 (1994)].
To properly invoke police power, not only must
it appear that the interest of the public generally The exercise of police power by the local
requires an interference with private rights, but government is valid unless it contravenes the
the means adopted must be reasonably fundamental law of the land, or an act of the
necessary for the accomplishment of the legislature, or unless it is against public policy,
purpose and not unduly oppressive upon or is unreasonable, oppressive, partial,
individuals [Balacuit v. Court of First Instance discriminating, or in derogation of a common
of Agusan del Norte and Butuan City, Br. II, right [Tayaban y Caliplip v. People, G.R. No.
G.R. No. L-38429 (1988)]. 150194 (2007)].
Municipal corporations are clothed with Test of a Valid Ordinance

authority to “enact such ordinances and issue For an ordinance to be deemed valid, it must
such regulations as may be necessary to carry meet the following test:
out and discharge the responsibilities 1. The interests of the public require an
conferred upon it by law, and such as shall be interference with private rights;
necessary and proper to provide for the health, 2. The means must be reasonably necessary
safety, comfort and convenience, maintain for the accomplishment of the purpose and
peace and order, improve public morals, not unduly oppressive of private rights;
promote the prosperity and general welfare of 3. No other alternative for the
the municipality and the inhabitants thereof, accomplishment of the purpose less
and insure the protection of property therein intrusive of private rights can work;
[Binay v. Domingo, G.R. No. 92389 (1991)]. 4. A reasonable relation must exist between
the purposes of the measure and the
Police power is usually exercised in the form of means employed for its accomplishment;
mere regulation or restriction in the use of
liberty or property for the promotion of the Thus, an ordinance that unduly oppresses
general welfare. It does not involve the taking private rights and other legitimate private
or confiscation of property with the exception of activities, even if originally sought to curtail
a few cases where there is a necessity to immorality in furtherance of general welfare,
confiscate private property in order to destroy it cannot be valid [White Light Corp. v. City of
for the purpose of protecting the peace and Manila, G.R. No. 122846 (2009)].
order and of promoting the general welfare
[City Government of Quezon City v. Ericta, To be considered as a valid police power
G.R. No. L-34915 (1983)]. measure, an ordinance must pass a two-
pronged test: the formal (whether the
The declaration of the said area as a ordinance is enacted within the corporate
commercial zone through a municipal powers of the LGU, and whether it is passed in
ordinance is an exercise of police power to accordance with the procedure prescribed by
promote the good order and general welfare of law); and the substantive (involves the inherent
the people in the locality. Corollary thereto, the merit, like the conformity of the ordinance with
state, to promote the general welfare, may the limitations under the Constitution and
Page 314 of 384

statutes as well as the requirements of fairness 3. Rational Basis Test
and reason, and its consistency with public Applies to all other subjects not covered by the
policy). first two tests.
Considering that the right to travel is a
The formalities in enacting an ordinance are fundamental right in our legal system
laid down in Section 53 and 54 of the LGC. guaranteed no less by our Constitution, the
These provisions require the ordinance to be strict scrutiny test is the applicable test. Under
passed by the majority of the members of the strict scrutiny test, a legislative
the Sanggunian concerned, and to be classification that interferes with the exercise of
presented by the mayor for approval. a fundamental right or operates to the
disadvantage of a suspect class is presumed
In order to declare it as a valid piece of local unconstitutional. Thus, the government has the
legislation, it must also comply with the burden of proving that the classification:
following substantive requirements, namely:
● It must not contravene the Constitution 1. Necessary to achieve a compelling State
or any statute; interest; and
● It must be fair, not oppressive; 2. Least restrictive means to protect such
● It must not be partial or discriminatory; interest or the means chosen is narrowly
● It must not prohibit but may regulate tailored to accomplish the interest
trade; [Samahan ng mga Progresibong
● It must be general and consistent with Kabataan v. Quezon City, G.R. No.
public policy; and 225442 (2017)].
● It must not be unreasonable.
2. Eminent Domain
An LGU is considered to have properly
exercised its police powers only if it satisfies
Local Government code, Section 19. Eminent
the following requisites to wit: (1) the interests Domain. – A local government unit may, through its
of the public generally, as distinguished from chief executive and acting pursuant to an ordinance,
those of a particular class, require the exercise the power of eminent domain for public use,
interference of the state (Equal Protection); or purpose or welfare for the benefit of the poor and
and (2) the means employed are reasonably the landless, upon payment of just compensation,
pursuant to the provisions of the Constitution and
necessary for the attainment of the object
pertinent laws: Provided, however, That the power
sought to be accomplished and not unduly of eminent domain may not be exercised unless a
oppressive (Due Process) [Mosqueda v. valid and definite offer has been previously made to
Pilipino Banana Growers & Exporters the owner, and such offer was not accepted:
Association, Inc., G.R. No. 189185 (2016)]. Provided, further, That the local government unit
may immediately take possession of the property
upon the filing of the expropriation proceedings and
Three tests of judicial scrutiny to determine
upon making a deposit with the proper court of at
reasonableness of classifications: least fifteen percent (15%) of the fair market value of
the property based on the current tax declaration of
1. Strict Scrutiny Test the property to be expropriated: Provided, finally,
When a classification either (i) interferes with That, the amount to be paid for the expropriated
the exercise of fundamental rights, including property shall be determined by the proper court,
based on the fair market value at the time of the
the basic liberties guaranteed under the
taking of the property.
Constitution; or (ii) burdens suspect classes.
*Cross-refer with RULES OF COURT (1997),
2. Intermediate Scrutiny Test Rule 67 on Expropriation.
Applies when a classification does not involve
suspect classes or fundamental rights, but a. Nature
requires heightened scrutiny, such as in
classifications based on gender and legitimacy. It is the government’s right to appropriate, in
the nature of a compulsory sale to the State,
private property for public use or purpose.
Page 315 of 384

Inherently possessed by the national government to serve the common need and
legislature, the power of eminent domain may advance the general welfare. Thus, the right of
be validly delegated to local governments, eminent domain appertains to every
other public entities and public utilities [Moday independent government without the necessity
v. CA, G.R. No. 107916 (1997)]. for constitutional recognition. The provisions
found in modern constitutions of civilized
b. Requisites for the Exercise of countries relating to the taking of property for
Eminent Domain by an LGU the public use do not by implication grant the
power to the government, but limit the power
In determining whether the power of eminent which would, otherwise, be without limit. Thus,
domain has been exercised by local our own Constitution provides that “[p]rivate
government units in accordance with law, the property shall not be taken for public use
following requisites must be present: without just compensation.” Furthermore, the
1. An ordinance is enacted by the local due process and equal protection clauses act
legislative council authorizing the local as additional safeguards against the arbitrary
chief executive, on behalf of the LGU unit, exercise of this governmental power.
to exercise the power of eminent domain or
pursue expropriation proceedings over a The exercise of the right of eminent domain,
particular private property. whether directly by the State or by its
2. The power of eminent domain is exercised authorized agents, is necessarily in derogation
for public use, purpose or welfare, or for the of private rights. It is one of the harshest
benefit of the poor and the landless. proceedings known to the law. Consequently,
3. There is payment of just compensation, as when the sovereign delegates the power to a
required under Art. III, Sec. 9 of the political unit or agency, a strict construction will
Constitution, and other pertinent laws. be given against the agency asserting the
4. A valid and definite offer has been power. The authority to condemn is to be
previously made to the owner of the strictly construed in favor of the owner and
property sought to be expropriated, but against the condemnor. When the power is
said offer was not accepted [Heirs of granted, the extent to which it may be
Suguitan v. City of Mandaluyong, G.R. No. exercised is limited to the express terms or
135087 (2000)]. clear implication of the statute in which the
grant is contained [Jesus is Lord Christian
c. Jurisdiction School Foundation, Inc. v. Municipality (now
City) of Pasig, G.R. No. 152230 (2005)].
An expropriation suit falls under the jurisdiction
of the RTCs. The subject of an expropriation e. Public Use, Purpose, or Welfare
suit is the government’s exercise of eminent
domain, a matter that is incapable of pecuniary The very foundation of the right to exercise
estimation [Barangay San Roque v. Heirs of eminent domain is a genuine necessity and
Pastor, G.R. No. 138896 (2000)]. that necessity must be of a public character.
Moreover, the ascertainment of the necessity
d. Ultimate Right of Sovereign Power must precede or accompany and not follow, the
taking of the land. Necessity does not mean an
The right of eminent domain is usually absolute, but only a reasonable or practical
understood to be an ultimate right of the necessity, such as would combine the greatest
sovereign power to appropriate any property benefit to the public with the least
within its territorial sovereignty for a public inconvenience and expense to the condemning
purpose. The nature and scope of such power party and the property owner consistent with
has been comprehensively described as such benefit [Masikip v. City of Pasig, G.R. No.
follows: 136349 (2006)].
“It is an indispensable attribute of sovereignty; Presently, there has been a shift from the literal
a power grounded in the primary duty of to a broader interpretation of “public purpose”
Page 316 of 384

or “public use” for which the power of eminent In expropriation cases, the determination of the
domain may be exercised. The old concept existence of a public purpose is NOT
was that the condemned property must actually necessary for a writ of possession to be issued
be used by the general public (e.g., roads, in favor of the expropriator [Francia, Jr. v.
bridges, public plazas, etc.) before the taking Municipality of Meycauayan, G.R. No. 170432
thereof could satisfy the constitutional (2008)].
requirement of “public use”. Under the new
concept, “public use” means public advantage, Eminent domain is generally described as “the
convenience, or benefit, which tends to highest and most exact idea of property
contribute to the general welfare and the remaining in the government” that may be
prosperity of the whole community, like a resort acquired for some public purpose through a
complex for tourists or housing project [Heirs of method in the nature of a forced purchase by
Ardona v. Reyes, G.R. Nos. L-60549, 60553 to the State. Also often referred to as
60555 (1983)]. expropriation and, with less frequency, as
condemnation, it is, like police power and
f. Ordinance Requirement taxation, an inherent power of sovereignty and
need not be clothed with any constitutional
LGUs must pass an ordinance, not a mere gear to exist; instead, provisions in our
resolution, to initiate an expropriation Constitution on the subject are meant more to
proceeding [Sps. Yusay v. CA, G.R. No. regulate, rather than to grant, the exercise of
156684 (2011)]. the power. It is a right to take or reassert
dominion over property within the state for
g. Just Compensation public use or to meet a public exigency and is
said to be an essential part of governance even
“Compensation” means an equivalent for the in its most primitive form and thus inseparable
value of the land (property) taken. The word from sovereignty [Air Transportation Office v.
“just” is used to intensify the meaning of the Gopuco, Jr., G.R. No. 158563 (2005)].
word “compensation;” to convey the idea that
the equivalent to be rendered for the property An expropriation suit is incapable of pecuniary
taken shall be real, substantial, full, and ample. estimation, accordingly, it falls within the
“Just compensation,” therefore, means a fair jurisdiction of the RTC, regardless of the value
and full equivalent for the loss sustained [City of the property. In expropriation proceedings,
of Manila v. Estrada, G.R. No. 7749 (1913)]. the requisites for authorizing immediate entry
are as follows: (1) the filing of a complaint for
Just compensation is determined as of the time expropriation sufficient in form and substance;
of taking [Sec. 19, LGC]. It is based on the fair and (2) the deposit of the amount equivalent to
market value of the property at the time of the 15 percent of the fair market value of the
taking of the property. property to be expropriated based on its
current tax declaration [Bardillon v. Masili of
h. Writ of Execution and Expropriation Calamba, Laguna, G.R. No. 146886 (2003)].
Suit
i. Valid and Definite Offer
A writ of execution may be issued by the court
upon filing a complaint for expropriation and The offer must be complete, indicating with
upon deposit, but this is not tantamount to sufficient clearness the kind of contract
condemnation of land. A hearing must first be intended and definitely stating the essential
held to determine whether the petitioner conditions of the proposed contract. An offer
complied with the provisions of the law (e.g., would require, among other things, a clear
that expropriation shall be resorted to only certainty on both the object and the cause or
when other modes of acquisition have been consideration of the envisioned contract [Jesus
exhausted) [City of Manila v. Serrano, G.R. No. is Lord Christian School Foundation Inc. v.
142304 (2001)]. Municipality (now City) of Pasig, G.R. No.
152230 (2005)].
Page 317 of 384

National Local Government

The offer to buy shall be in writing, and must Government Unit
specify the property sought to be acquired, the
reasons for its acquisition, and the price offered the expropriation
[Sec 35(a), IRR of the LGC]. case or the taking of
property, whichever
j. Requisites for the Immediate Entry comes first.
by the LGU
Assessed value of 15% FMV required
1. Filing of the complaint for expropriation property required to to be deposited in
sufficient in form and substance; and be deposited in order order to take
2. Deposit of an amount equivalent to 15% of to take immediate immediate
the fair market value of the property to be possession. possession.
expropriated based on the current tax
declaration [Sec. 19, LGC]. No formal and A formal and
definite offer definite offer is
Upon compliance with the requisites, the required. required.
issuance of a writ of possession becomes
ministerial. There is no need for a hearing for Socialized Housing (Urban Development
the writ to issue [City of Iloilo v. Legaspi, G.R. and Housing Act, R.A. No. 7279)
No. 154614 (2004)]. Under the Urban Development and Housing
Act, expropriation by an LGU for purposes of
k. Returning the Property urban land reform and socialized housing shall
occur only as a last resort. It must be shown by
When private land is expropriated for a the LGU that other methods of acquisition
particular public use and that purpose is (community mortgage, land swapping, land
abandoned, there is no “implied contract” that assembly or consolidation, land banking,
the properties will be used only for the public donation to the Government, joint venture
purpose for which they were acquired. agreements, and negotiated purchase) have
been exhausted [Sec. 10, R.A. No. 7279].
Property is to be returned only when it is
expropriated with the condition that when said If all the other methods have been exhausted
purpose is ended or abandoned, the former and expropriation to continue, the LGU shall
owner reacquires the property so expropriated, acquire lands for socialized housing in the
and not when the expropriation decree gives to following order:
the entity a fee simple which makes the land a. Government lands;
the expropriator the absolute owner of the b. Alienable lands of the public domain;
property [Air Transportation Office v. Gopuco, c. Unregistered or abandoned and idle lands;
Jr., G.R. No. 158563 (2005)]. d. Lands within Areas for Priority
Development;
National Government v. LGU Powers on e. Unacquired BLISS sites;
Eminent Domain f. Private lands [Sec. 9, R.A. No. 7279].
National Local Government
Government Unit Moreover, lands of small-property owners are
exempt from expropriation for purposes of
Inherent Power Delegated Power socialized housing.
An ordinance is Small Property Owners

No law is needed.
always required. “Small-property owners” are defined by two
elements:
Fair Market Value a. Owners of real property which consists of
FMV determined at
(FMV) determined at residential lands with an area of not more
the time of taking.
the time of filing of than 300 sq. meters in highly urbanized
Page 318 of 384
cities, and 800 sq. meters in other urban e. Not be contrary to law, public policy,
cities; and national economic policy, or in the
b. Do not own real property other than the restraint of trade;
same [Sec. 3(q), R.A. No. 7279]. f. The collection of local taxes, fees,
charges and other impositions shall in
3. Taxing Power no case be let to any private person;
g. The revenue collected pursuant to the
a. Fundamental Principles of Local and provisions of this Code shall inure
Real Property Taxation solely to the benefit of, and be subject
to the disposition by, the local
1. Power to Create Revenues government unit levying the tax, fee,
charge or other imposition unless
LGUs have the power to create their own otherwise specifically provided herein;
sources of revenues and to levy taxes, fees, and
and charges which shall accrue exclusively for h. Each local government unit shall, as far
their use and disposition and which shall be as practicable, evolve a progressive
retained by them [Sec. 18, LGC]. system of taxation.
The grant of taxing powers to LGUs under the
Constitution and the LGC does not affect the 4. Common Limitations on the Taxing
power of Congress to grant exemptions to Power of the LGU
certain persons, pursuant to a declared
national policy. The legal effect of the Generally, LGUs cannot impose taxes that are
constitutional grant to local governments already imposed by the National Government
simply means that in interpreting statutory such as:
provisions on municipal taxing powers, doubts 1. Income tax, except when levied on banks
must be resolved in favor of municipal and other financial institutions;
corporations [PLDT v. City of Davao, G.R. No. 2. Documentary stamp tax;
143867 (2001)]. 3. Taxes on estates, inheritance, gifts,
legacies and other acquisitions mortis
2. Local Taxing Authority [Sec. 132, causa, except as otherwise provided
LGC] herein;
4. Customs duties, registration fees of vessel
The power to impose a tax, fee, or charge or to and wharfage on wharves, tonnage dues,
generate revenue under this Code shall be and all other kinds of customs fees,
exercised by the Sanggunian of the local charges and dues except wharfage on
government unit concerned through an wharves constructed and maintained by
appropriate ordinance. the local government unit concerned;
5. Taxes, fees, and charges and other
3. Fundamental Principles [Sec. 130, impositions upon goods carried into or out
LGC] of, or passing through, the territorial
jurisdictions of local government units in
the guise of charges for wharfage, tolls for
a. Taxation shall be uniform in each local
government unit; bridges or otherwise, or other taxes, fees,
or charges in any form whatsoever upon
b. Taxes, fees, charges and other
impositions shall: such goods or merchandise;
6. Taxes, fees or charges on agricultural and
a. Be equitable and based as far as
practicable on the taxpayer’s ability aquatic products when sold by marginal
to pay; farmers or fishermen;
7. Taxes on business enterprises certified to
c. Be levied and collected only for public
purposes; by the Board of Investments as pioneer or
non-pioneer for a period of six (6) and four
d. Not be unjust, excessive, oppressive,
or confiscatory; (4) years, respectively from the date of
registration;
Page 319 of 384

8. Excise taxes on articles enumerated under instrumentality and not being a GOCC, is
the National Internal Revenue Code, as exempt from local taxation [MIAA v. CA, G.R.
amended, and taxes, fees or charges on No. 155650 (2006)].
petroleum products;
9. Percentage or value-added tax (VAT) on However, GOCCs are [generally] not exempt
sales, barters or exchanges or similar from local taxation [MIAA v. CA, supra].
transactions on goods or services except
as otherwise provided herein; 6. Requirements for a Valid Tax
10. Taxes on the gross receipts of Ordinance
transportation contractors and persons
engaged in the transportation of
Local Government Code, Section 186. Power To
passengers or freight by hire and common Levy Other Taxes, Fees or Charges. – Local
carriers by air, land or water, except as government units may exercise the power to levy
provided in this Code; taxes, fees or charges on any base or subject not
11. Taxes on premiums paid by way or otherwise specifically enumerated herein or taxed
reinsurance or retrocession; under the provisions of the National Internal
Revenue Code, as amended, or other applicable
12. Taxes, fees or charges for the registration
laws: Provided, That the taxes, fees, or charges
of motor vehicles and for the issuance of all shall not be unjust, excessive, oppressive,
kinds of licenses or permits for the driving confiscatory or contrary to declared national policy:
thereof, except tricycles; Provided, further, That the ordinance levying such
13. Taxes, fees, or other charges on Philippine taxes, fees or charges shall not be enacted without
products actually exported, except as any prior public hearing conducted for the purpose.
otherwise provided herein;
Local Government Code, Section 186. Procedure
14. Taxes, fees, or charges, on Countryside for Approval and Effectivity of Tax, Ordinances and
and Barangay Business Enterprises and Revenue Measures; Mandatory Public Hearings. –
cooperatives duly registered under R.A. The procedure for approval of local tax ordinances
No. 6810 and Republic Act Numbered and revenue measures shall be in accordance with
Sixty-nine hundred thirty-eight (R.A. No. the provisions of this Code: Provided, That public
hearings shall be conducted for the purpose prior to
6938) otherwise known as the
the enactment thereof: Provided, further, That any
“Cooperative Code of the Philippines” question on the constitutionality or legality of tax
respectively; and ordinances or revenue measures may be raised on
15. Taxes, fees or charges of any kind on the appeal within thirty (30) days from the effectivity
National Government, its agencies and thereof to the Secretary of Justice who shall render
instrumentalities, and local government a decision within sixty (60) days from the date of
receipt of the appeal: Provided, however, That such
units [Sec. 133, LGC].
appeal shall not have the effect of suspending the
effectivity of the ordinance and the accrual and
5. Persons Exempted from LGU’s Taxing payment of the tax, fee, or charge levied therein:
Power Provided, finally, That within thirty (30) days after
receipt of the decision or the lapse of the sixty-day
period without the Secretary of Justice acting upon
LGUs cannot impose taxes, fees, and charges
the appeal, the aggrieved party may file appropriate
on: proceedings with a court of competent jurisdiction.
1. Countryside and barangay business
enterprises;
2. Cooperatives duly registered under the The power to impose a tax, fee, or charge or to
Cooperative Code; and generate revenue under the LGC shall be
3. The National Government, its agencies exercised by the Sanggunian concerned
and instrumentalities, and local through an appropriate ordinance [Sec. 132,
government units [Sec. 133(n) to (o), LGC]. LGC].
An instrumentality of the State or National Tests of a Valid Ordinance:

Government is exempt from local taxation 1. It must not contravene the Constitution or
[Sec. 133(o), LGC]. Hence, the Manila any statute;
International Airport Authority, being such an 2. It must not be unfair or oppressive;
3. It must not be partial or discriminatory;
Page 320 of 384
4. It must not prohibit but may regulate trade; ordinance shall be deemed
5. It must be general and consistent with approved [Art. 108, LGC IRR].
public policy; and
6. It must not be unreasonable [Magtajas v. Note: The LCE, except the Punong
Pryce Properties Corp., Inc., G.R. No. Barangay, may veto any ordinance
111097 (1994)] on the ground that it is ultra vires or
prejudicial to public welfare. His
Note: An ordinance is presumed valid unless reasons shall be stated in writing.
declared otherwise by a court in an appropriate The LCE may veto an ordinance only
proceeding [Rural Bank of Makati, Inc., v. once [Art. 109, LGC IRR].
Municipality of Makati, G.R. No. 150763 f. The Sanggunian may override the veto
(2004)]. of the LCE by 2/3 vote of all its
members, thereby making the
7. Procedure for Approval and ordinance effective [Art. 109(c), LGC
Effectivity of Tax Ordinances IRR].
g. Once approved, the ordinance shall be
a. Publication - Within 10 days from the transmitted to the higher level
filing of the proposed tax ordinance, the Sanggunian for review. If no action is
same shall be published for 3 taken by the latter within 30 days after
consecutive days in a newspaper of submission, the same shall be deemed
local circulation or posted approved [Arts. 110 and 111, LGC
simultaneously in at least 4 IRR].
conspicuous public places within the h. Within 10 days after the approval of the
territorial jurisdiction of the LGU [Art. ordinance, certified true copies of all
276(b)(1), LGC IRR]. tax ordinances or revenue measures
b. Notices - The Sanggunian shall send shall be published in full for 3
written notices, specifying the date and consecutive days in a newspaper of
venue of public hearing, to the local circulation.
interested or affected parties operating
or doing business within the concerned Where there are no newspapers of
LGU [Art. 276(b)(2), (3), LGC IRR]. local circulation, it must be posted in at
c. Public hearing - The public hearing least 2 conspicuous and publicly
must be held not earlier than 10 days accessible places [Art. 276, LGC IRR].
from sending the notices, or the last
day of publication, or date of posting, 8. Withdrawal of Local Tax Exemption
whichever is later [Art. 276(b)(3), LGC Privileges
IRR].
d. Approval - An ordinance must be Unless otherwise provided in the LGC, tax
approved on third reading by a majority exemptions or incentives granted to, or
of the Sanggunian members present, enjoyed by all persons, whether natural or
there being a quorum [Art. 107(g), LGC juridical, including government-owned or -
IRR]. controlled corporations were withdrawn upon
e. The enacted ordinance shall be the effectivity of the LGC [Sec. 193, LGC].
presented to the local chief executive
(LCE), who may: Tax exemption privileges of the following were
1. Approve the same by affixing his not withdrawn by the LGC:
signature; or a. Local water districts;
2. Veto and return the same with his b. Cooperatives duly registered under R.A.
objections to the Sanggunian No. 6938;
within 15 days in case of a c. Non-stock and non-profit hospitals; and
province, and 10 days in case of a d. Educational institutions [Secs. 193 & 234,
city or municipality; otherwise, the LGC].
Page 321 of 384

9. Exemptions from Real Property Taxes within its territorial jurisdiction. That authority
belongs to provinces and cities only. A
Annual ad valorem tax on real property may be franchise tax levied by a municipality is, thus,
levied by a: null and void. The nullity is not cured by the
a. Province; subsequent conversion of the municipality into
b. City; or a city 9 CITY OF PASIG AND CRISPINA V.
c. Municipality within the Metropolitan Manila SALUMBRE, IN HER CAPACITY AS OIC-
Area [Sec. 232, LGC]. CITY TREASURER OF PASIG CITY,
PETITIONERS, VS. MANILA ELECTRIC
The following are exempted from COMPANY, RESPONDENT, G.R. No.
payment of the real property tax: 181710. March 07, 2018.]
1. Real property owned by the Republic of the
Philippines or any of its political 4. Closure and Opening of Roads
subdivisions EXCEPT when the beneficial [Sec. 21, LGC]
use thereof has been granted, for
consideration or otherwise, to a taxable
Local Government Code, Section 21. Closure and
person; Opening of Roads. – (a) A local government unit
2. Charitable institutions, churches, may, pursuant to an ordinance, permanently or
parsonages or convents appurtenant temporarily close or open any local road, alley, park,
thereto, mosques, nonprofit or religious or square falling within its jurisdiction: Provided,
cemeteries and all lands, buildings, and however, That in case of permanent closure, such
ordinance must be approved by at least two-thirds
improvements actually, directly, and
(2/3) of all the members of the sanggunian, and
exclusively used for religious, charitable, or when necessary, an adequate substitute for the
educational purposes; public facility that is subject to closure is provided.
3. All machineries and equipment that are
actually, directly and exclusively used by (b) No such way or place or any part thereof shall be
local water districts and government- permanently closed without making provisions for
the maintenance of public safety therein. A property
owned or controlled corporations engaged
thus permanently withdrawn from public use may be
in the supply and distribution of water used or conveyed for any purpose for which other
and/or generation and transmission of real property belonging to the local government unit
electric power; concerned may be lawfully used or conveyed:
4. All real property owned by duly registered Provided, however, That no freedom park shall be
cooperatives as provided for under R.A. closed permanently without provision for its transfer
or relocation to a new site.
No. 6938; and
5. Machinery and equipment used for (c) Any national or local road, alley, park, or square
pollution control and environmental may be temporarily closed during an actual
protection [Sec. 234, LGC]. emergency, or fiesta celebrations, public rallies,
The exemption from real property taxes agricultural or industrial fairs, or an undertaking of
given to cooperatives applies regardless of public works and highways, telecommunications,
and waterworks projects, the duration of which shall
whether or not the land owned is leased.
be specified by the local chief executive concerned
This exemption benefits the cooperative’s in a written order: Provided, however, That no
lessee as well. The characterization of national or local road, alley, park, or square shall be
machinery as real property is governed by temporarily closed for athletic, cultural, or civic
the Local Government Code and not the activities not officially sponsored, recognized, or
Civil Code [Provincial Assessor of Agusan approved by the local government unit concerned.
Del Sur v. Filipinas Palm Oil Plantation,
(d) Any city, municipality, or barangay may, by a duly
Inc., G.R. No. 183416 (2016)]. enacted ordinance, temporarily close and regulate
the use of any local street, road, thoroughfare, or any
10. Franchise Tax other public place where shopping malls, Sunday,
flea or night markets, or shopping areas may be
Under the Local Government Code (LGC) of established and where goods, merchandise,
foodstuffs, commodities, or articles of commerce
1991, a municipality is bereft of authority to levy
may be sold and dispensed to the general public.
and impose franchise tax on franchise holders
Page 322 of 384

A public street is property for public use; hence, 2. When necessary, an adequate substitute
outside the commerce of man. Being outside for the public facility that is subject to
the commerce of man, it may not be the subject closure should be provided;
of lease or other contract [Dacanay v. Asistio, 3. Such ordinance must have provisions for
Jr., G.R. No. 93654 (1992)]. the maintenance of public safety therein;
and
a. Scope of LGU’s Power to Close 4. If a freedom park is permanently closed,
Road, Alley, Park or Square there must be a provision for its transfer or
relocation to a new site [Sec. 21(a), (b),
● If national – temporary; LGC)].
● If local - temporary or permanent. 5. Such property permanently withdrawn from
b. Requisites For Temporary Closure public use may be used or conveyed for
any purpose for Which other real property
1. Via ordinance; belonging to the LGU may be lawfully used
2. May be done due to: or conveyed [Sec. 21(b), LGC].
● Actual emergency;
● Fiesta celebrations; d. Public Roads Are Outside The
● Public rallies; Commerce of Man
● Agricultural or industrial fairs; or
● Undertaking of public works and A public road may not be the subject of lease
highways, telecommunications, and or contract, as public roads are properties for
waterworks projects; public use outside the commerce of man
3. Duration of closure must be specified by [Dacanay v. Asistio, Jr., G.R. No. 93654
the local chief executive in a written order; (1992)].
and
4. If for the purpose of athletic, cultural, or civil As long as a property owner has reasonable
activities, these must be officially access to the general system of streets, he has
sponsored, recognized, or approved by the no right to compensation for the closure of a
local government [Sec. 21, LGC]. public street. The Constitution does not
undertake to guarantee to a property owner the
A City, Municipality, or Barangay may also public maintenance of the most convenient
temporarily close and regulate the use of any route to his door [Cabrera v. CA, G.R. No.
local street, road, thoroughfare or any other 78673 (1991)].
public place where shopping malls, Sunday,
flea or night markets, or shopping areas may 5. Legislative Power
be established for the general public [Sec.
21(d), LGC]. Local legislative power is the power of LGUs
through their local legislative councils to enact,
c. Requisites For Permanent Closure repeal, amend, modify ordinances and issue
resolutions.
1. Via ordinance approved by at least 2/3 of
all members of the Sanggunian;
a. Ordinance vs. Resolution

Ordinance Resolution
Mere declaration of sentiment or opinion of a

Has the force and effect of law.
lawmaking body.
On matters applying to persons or things in

On a specific matter.
general.
Possesses a general and permanent character. Temporary in nature.

Page 323 of 384
Ordinance Resolution
GR: Third reading is not necessary.

As a general rule, must undergo three readings. XPN: Unless decided otherwise by majority of
all Sanggunian members.
Only some resolutions are subject to

All ordinances are subject to veto/ review. veto/review (i.e., local development plan and
public investment program).
E.g., expropriation, tax, curfew, appropriations, E.g., congratulatory messages, authorizing local
exercise of police power. chief executive to sign an agreement.
[Garcia v. COMELEC, G.R. No. 111230 (1994)]
b. Requisites for Valid Ordinance 3. Sangguniang Bayan for the municipality;

See: Two-Pronged Test under Police Power and
4. Sangguniang Barangay for the barangay
Formal [Sec. 48, LGC].
1. Enacted within the corporate powers of the
local government unit; and Presiding Officer
2. Passed according to procedure prescribed Legislative Body Presiding Officer
by law.
Sangguniang
Substantive Vice-Governor
Panlalawigan
1. It must not contravene the Constitution or
any statute; Sangguniang
Vice-Mayor
2. It must be fair, not oppressive; Panlungsod
3. It must not be partial or discriminatory;
4. It must not prohibit but may regulate trade; Sangguniang Bayan Vice-Mayor
5. It must be general and consistent with
Sangguniang
public policy; Punong Baran
Barangay
6. it must not be unreasonable [Legaspi v.
City of Cebu, G.R. No. 159110 (2013)].
Ordinances are inferior in status and The presiding officer shall vote only to break a
subordinate to the laws of the state. An tie [Sec. 49(a), LGC].
ordinance in conflict with a state law of general
character and statewide application is In the event of the inability of the regular
universally held to be invalid. In every power to Presiding officer to preside at a Sanggunian
pass ordinances given to a municipality, there session, the members present and constituting
is an implied restriction that the ordinances a quorum shall elect from among themselves a
shall be consistent with general law [Batangas temporary presiding officer. He shall certify
CATV, Inc. v. CA, G.R. No. 138810 (2004)]. within ten (10) days from the passage of
ordinances enacted and resolutions adopted
The power to enact ordinances carries with it by the Sanggunian in the session over which
the power to repeal them, provided that vested he temporarily presided [Sec. 49(b), LGC].
rights are not thereby impaired.
Non-Membership of Acting Governor:
Local Legislative Power Shall be A Vice Governor, who is concurrently an Acting
Exercised By: Governor, is actually a quasi-Governor. He is
1. Sangguniang Panlalawigan for the deemed a nonmember of the Sanggunian for
province; the time being and so cannot preside over its
2. Sangguniang Panlungsod for the city; sessions. The procedure for the election of a
Page 324 of 384
temporary presiding officer in case of inability The presence of the presiding officer is
of the regular presiding officer shall apply in considered in determining the presence of a
such case [Gamboa, Jr. v. Aguirre, G.R. No. quorum since a presiding officer is considered
134213 (1999)]. a “member” of the Sanggunian [La Carlota City,
Negros Occidental v. Rojo, G.R. No. 181367
c. Internal Rules of Procedure (2012)].
On the first regular session following the Quorum shall be based on the total number of
election of its members and within 90 days members elected and qualified. The filing of a
thereafter, the Sanggunian shall adopt or leave of absence does not affect a member’s
update its existing rules of procedure [Sec. 50, election to, and qualification as member of, a
LGC]. local legislative body [Zamora v. Caballero,
G.R. No. 147767 (2004)].
LGC, Sec. 50 does not mandate that no other
business may be transacted on the first regular General Rule: A majority of the members
session [Malonzo v. Zamora, G.R. No. 137718 present, there being a quorum is required for
(2000)]. the valid enactment of an ordinance or
resolution [Art. 107(g), LGC IRR].
The Rules of Procedure Shall Provide Exception: When otherwise provided by the
For: LGC:
1. Organization of the Sanggunian and the ● Any ordinance or resolution authorizing or
election of its officers; directing the payment of money or creating
2. Creation of Standing Committees; a liability requires the approval of the
3. Order and calendar of business for each majority of all the Sanggunian members
session; [Rule VII, Sec. 14 (g), LGC IRR].
4. The legislative process; ● It is legally permissible for the Sanggunian
5. Parliamentary procedures; to provide for a higher voting requirement
6. Disciplinary rules for members for for the enactment or amendment of a
disorderly behavior and absences without particular ordinance [Casiño v. CA, G.R.
justifiable cause for four (4) consecutive No. 91192 (1991)].
sessions, for which they may be censured,
reprimanded, or excluded from the When There Is No Quorum
session, suspended for not more than sixty The presiding officer may declare a recess until
(60) days, or expelled: Provided, That the such time as a quorum is constituted or a
penalty of suspension or expulsion shall majority of the members present may also
require the concurrence of at least two- adjourn from day to day and may compel the
thirds (2/3) vote of all the Sanggunian attendance of any member absent without
members: Provided, further, That a justifiable cause by designating a member of
member convicted by final judgment to the Sanggunian to arrest the absent member
imprisonment of at least one (1) year for and present him at the session.
any crime involving moral turpitude shall be
automatically expelled from the The member designated shall be assisted by a
Sanggunian; and member or members of the police force in the
7. Such other rules as the Sanggunian may territorial jurisdiction of the LGU concerned.
adopt [Sec. 50, LGC].
If there is still no quorum, no business shall be
Quorum transacted. The presiding officer, upon proper
The presence of a quorum is required to motion duly approved by the members present,
transact official business. A majority of all shall then declare the session adjourned for
members of the Sanggunian who have been lack of quorum [Sec. 53, LGC].
elected and qualified shall constitute a quorum
[Sec. 53, LGC].
Page 325 of 384

d. Sangguniang Sessions o The local chief executive shall affix his
signature on each and every page of
1. Regular Sessions the ordinance [Sec. 54(a), LGC].
● During the first session following the o The signature of the local chief
election, the Sanggunian shall, by executive in the approval of an
resolution, fix the day, time, and place ordinance or resolution is not a mere
of its regular sessions. ministerial act, as it requires the
● Minimum Number of Regular Sessions: exercise of analysis and judgment.
○ Sangguniang Panlalawigan, This is part of the legislative process
Panlungsod, and Bayan → Once a [De Los Reyes v. Sandiganbayan, G.R.
week No. 121215 (1997)].
○ Sangguniang Barangay → 2x a 2. Disapproval (Veto)
month o The local chief executive may veto the
● No two sessions, regular or special, ordinance, stating his reasons in
may be held in a single day. writing. The local chief executive may
veto an ordinance or resolution only
General Rule: All sessions shall be open to the once [Sec. 55(a & c), LGC].
public.
Grounds for Disapproval
Exception: Closed-door session is ordered by Under the LGC, there are only two grounds:
majority of the members present, there being a 1. Ultra vires; or
quorum, in the public interest or for reasons of 2. Prejudicial to public welfare [Sec. 55(a),
security, decency or morality. LGC]
2. Special Sessions Periods

● May be called by the local chief The ordinance is returned with objections to the
executive or by majority of the Sanggunian within 15 days in the case of
Sanggunian. Sangguniang Panlalawigan, or within 10 days
● Written notice to the members shall be in the case of Sangguniang
served personally at their usual place Panlungsod/Bayan; otherwise, the ordinance
of residence at least 24 hours before shall be deemed approved [Sec. 54, LGC].
the special session is held.
● No other matters may be considered Override
except those stated in the notice unless The veto may be overridden by the
otherwise concurred in by 2/3 vote of Sanggunian upon a 2/3 vote of all its members
those present, there being a quorum. [Sec. 54, LGC].
No Subpoena and Contempt Powers Item Veto

● Local legislative bodies do not have the The local chief executive, except the Punong
power to subpoena witnesses and the Barangay, shall have the power to veto any
power to punish nonmembers for contempt particular item or items of an:
in the exercise of their legislative powers. 1. Appropriations ordinance; or
● They may only invite resource persons who 2. Ordinance or resolution adopting the local
are willing to supply information which may development plan or public investment
be relevant to the proposed ordinance program; or
[Negros Oriental II Electric Cooperative, 3. Ordinance directing the payment of money
Inc. v. Sangguniang Panlungsod of or creating liability.
Dumaguete, G.R. No. 72492 (1987)].
In case of an item veto, the veto shall not affect
Approval and Veto of Ordinances the items not objected to. If the veto is not
1. Approval overridden, the items in the appropriations
ordinance of the previous year corresponding
Page 326 of 384

to those vetoed shall be deemed re-enacted Barangay since he is a member of the
[Sec. 55(b), LGC]. Sangguniang Barangay. The Punong
Barangay signs the ordinances enacted by the
Note: There is no veto for barangays. The veto Sangguniang Barangay upon their approval
power cannot be exercised by the Punong [Sec. 54(c), LGC].
e. Publication and Effectivity of Ordinances

Publication Effectivity
General Rule [Sec. 59(a), LGC]
Posted:
(1) In a bulletin board at the entrance of the provincial capitol or city, 10 days after posting,
municipal, or barangay hall, as the case may be; and unless otherwise stated
(2) In at least 2 other conspicuous places. in the ordinance.
Highly Urbanized and Independent Component Cities [Sec. 59 (d), LGC]
In addition to posting, main features of the ordinance shall be published

once: 10 days after posting,
unless otherwise stated
(a) In a local newspaper of general circulation; or if none,
in the ordinance.
(b) In any newspaper of general circulation.
All Ordinances with Penal Sanctions [Secs. 511 & 59(c), LGC]
(1) Posted at prominent places in the provincial capitol or city, Unless otherwise
municipal or barangay hall for a minimum period of 3 consecutive provided therein, the
weeks; ordinance shall take
effect on the day
(2) Gist of such penal ordinance shall be published in a newspaper of following its publication,
general circulation within the province where the local legislative body or at the end of the
belongs; if none, posting shall be made in all municipalities and cities of period of posting,
the said province. whichever occurs.
Tax Ordinances and Revenue Measures [Sec. 188, LGC]
Within 10 days after their approval, certified true copies shall be 10 days after publication
published in full for 3 consecutive days. or posting, unless
(a) in a newspaper of local circulation, or, (b) if none, the same may be otherwise stated in the
posted in at least two conspicuous publicly places and accessible. ordinance.
Note: Prior Hearing Requirement for Tax and Revenue Measures: Public hearings must be
conducted prior to the enactment of a tax ordinance or revenue measure [Secs. 187 & 188, LGC].
The following rules apply to:

1. Ordinances; and
2. Resolutions approving the local government plan and public investment programs.
f. Review of Ordinances & Resolutions

(Approving local development plans and public investment programs) [Secs. 56 & 57, LGC]
Page 327 of 384
Sangguniang Panlalawigan Sangguniang Panlungsod or

Sangguniang Bayan
1. Ordinances;
What 2. Resolutions approving programs local All barangay ordinances.
development plans and public.
By Sangguniang Panlungsod or
Sangguniang Panlalawigan
Whom Sangguniang Bayan
Within 3 days from approval, forwarded by Within 10 days from approval, forwarded
When
the Secretary of the Sanggunian. by the Sangguniang Barangay.
Sangguniang Panlalawigan shall examine

the documents or transmit them first to the
The concerned Sanggunian shall examine
How Provincial Attorney (if none, to Provincial
the ordinance.
Prosecutor) for comments and
recommendations.
If beyond the power conferred upon the Whether consistent with law and the city
Grounds
Sanggunian concerned. and municipal ordinances.
Reviewing Sanggunian shall return the

Effect if
Reviewing Sanggunian shall declare such ordinance with its comments for
Grounds
ordinance or resolution invalid in whole or adjustment, amendment, or modification,
Are
in part. in which case, the effectivity of the
Present
barangay ordinance is suspended.
30 days; if no action after 30 days, 30 days; if no action after 30 days,

Period
presumed consistent with law and valid. deemed approved.
Note: Any attempt to enforce any ordinance or lapse of the 60-day period without the SOJ
resolution approving the local development taking action, the aggrieved party may file
plan or public investment program, after the action with a competent court.
disapproval thereof, shall be sufficient ground
for the suspension or dismissal of the official or Sec. 187, LGC is valid as it is merely an
employee concerned [Sec. 58, LGC]. exercise of the power of supervision [Drilon v.
Lim, G.R. No. 112497 (1994)].
g. Review of Tax Ordinances by the
Secretary of Justice [Sec. 187, LGC] h. Local Initiative and Referendum
Within 30 days from the effectivity of tax Local Initiative

ordinances or revenue measures, questions on Initiative has been described as an instrument
their constitutionality or legality may be raised of direct democracy whereby the citizens
on appeal to the Secretary of Justice. The SOJ directly propose and legislate laws as it is the
shall render a decision within 60 days from citizens themselves who legislate the laws,
receipt of appeal. direct legislation through initiative (along with
referendum) is considered as an exercise of
The appeal shall not have the effect of original legislative power, as opposed to that of
suspending the effectivity of the ordinance and derivative legislative power which has been
the accrual of the tax, fee or charge. Within 30 delegated by the sovereign people to
days from receipt of the SOJ’s decision or the legislative bodies such as the congress
Page 328 of 384

[Marmeto v. COMELEC, G.R. No. 213953 desire, apply for initiative in the manner
(2017)]. provided by law [Sec. 124, LGC].
Note: The Court dismissed an initiative petition,
Definition and Exercise which proposed the creation of a separate local
Legal process whereby the registered voters of legislative body, for being ultra vires [Marmeto
an LGU may directly propose, enact, or amend v. COMELEC, G.R. No. 213953 (2017)].
an ordinance [Sec. 120, LGC]. This is Limitations Upon Sanggunians
exercised by all registered voters of the Any proposition or ordinance approved through
provinces, cities, municipalities, and barangays the system of initiative and referendum:
[Sec. 121, LGC]. 1. Shall not be repealed, modified, or
amended by the Sanggunian concerned
Effectivity within six (6) months from the date of its
15 days after Certification by the COMELEC approval; and
that the proposition is approved by a majority 2. May be amended, modified, or repealed
of the votes cast [Sec. 123, LGC]. by the Sanggunian within three (3) years
thereafter by a vote of three-fourths (3/4)
Limitations on Power of Initiative of all its members.
1. Local initiative shall not be exercised 3. In case of barangays, the period shall be
more than once a year. eighteen (18) months [Sec. 125, LGC].
2. Initiative shall extend only to subjects or
matters which are within the legal powers Local Referendum
of the Sanggunians to enact. Legal process whereby the registered voters of
3. If at any time before the initiative is held, the local government unit may approve,
the Sanggunian adopts in toto the amend, or reject any ordinance enacted by the
proposition presented and the local chief Sanggunian. It shall be held under the direction
executive approves the same, the of COMELEC within 60 days in case of
initiative shall be cancelled. However, provinces and cities, 45 days in case of
those against such action may, if they so municipalities and 30 days in case of
barangays [Sec. 126, LGC].
Initiative Referendum
Law-making body submits matter

How
Initiated by the people directly. to the registered voters of its
Initiated
territorial jurisdiction.
To legislate, because the lawmaking body fails To approve or reject any

Objective or refuses to enact the ordinance or resolution ordinance or resolution which is
or Purpose that they desire or because they want to duly enacted or approved by such
amend or modify one already existing. lawmaking authority.
Legislative. A referendum consists

No role except for unfavorable action on the
merely of the electorate approving
petition submitted to it. Initiative is a process of
Role of or rejecting what has been drawn
lawmaking by the people themselves without
Legislature up or enacted by a legislative
the participation and against the wishes of their
body [SBMA v. COMELEC, G.R.
elected representatives.
No. 125416 (1996)].
The process and the voting in an initiative are Voters will simply write either
Effect in
more complex than in a referendum “Yes” of “No” in the ballot
Process
[Gatmaytan]. [Gatmaytan].
Page 329 of 384

Procedure [Sec. 122, LGC] 6. Effectivity of Local Propositions
If the proposition is approved by a majority of
1. File a Petition with Local Legislature the votes cast, it shall take effect 15 days after
Registered voters must file a petition with the certification by the COMELEC.
Sanggunian concerned proposing the
adoption, enactment, repeal or amendment of Initiative Covers Both Ordinances and
an ordinance: Resolutions
a. Not less than 1,000 registered voters in Sec. 124 of the LGC clearly does not limit the
provinces and cities; application of local initiatives to ordinances, but
b. Not less than 100 registered voters in to all “subjects or matters which are within the
municipalities; legal powers of the Sanggunians to enact,”
c. Not less than 50 registered voters in which undoubtedly includes resolutions. This
barangays. interpretation is supported by Sec. 125 of the
same Code [Garcia v. COMELEC, G.R. No.
2. Invoke Initiative by Giving Notice 111230 (1994)].
If no favorable action thereon is made by the
local legislative body within 30 days from its R.A. No. 6735 (The Initiative and
presentation, the proponents through their duly Referendum Act) Does Not Cover the
authorized and registered representatives may System of Initiative on Amendments to
invoke their power of initiative, giving notice to the Constitution
the local legislative body concerned. Two or Under Sec. 2 of R.A. No. 6735, the people are
more propositions may be submitted in an not accorded the power to directly propose,
initiative. COMELEC shall extend assistance in enact, approve or reject, in whole or in part, the
the formulation of the proposition. Constitution through the system of initiative.
They can only do so with respect to national
3. Collection of Signatures and local laws, ordinances or resolutions
Proponents shall have 90 days in case of [Defensor Santiago v. COMELEC, G.R. No.
provinces and cities, 60 days in case of 127325 (1997)].
municipalities, and 30 days in case of
barangays, from notice to collect the required Power of COMELEC to Review the
number of signatures. Substance of the Initiative Provisions
The petition shall be signed before the Election The COMELEC in the exercise of its quasi-
Registrar or his representative, in the presence judicial and administrative powers, may
of a representative of the proponent and a adjudicate and pass upon such proposals
representative of the local legislative body insofar as their form and language are
concerned in a public place in the LGU. concerned, and it may be added, even as to
content, where the proposals or parts thereof
4. Certification of COMELEC and Setting are patently and clearly outside the “capacity of
of Date of Vote the local legislative body to enact” [SBMA v.
The COMELEC shall certify that the required COMELEC, G.R. No. 125416 (1996)].
number of signatures has been obtained.
Failure to obtain the required number defeats Power of the Courts to Declare Null and
the proposition. Void Any Proposition
The power of the courts to nullify propositions
Otherwise, the COMELEC shall set a date for for being ultra vires extends only to those
approval of the proposition within 60 days from already approved, i.e., those which have been
the date of certification in case of provinces and approved by a majority of the votes cast in the
cities, 45 days in case of municipalities, and 30 initiative election called for the purpose. In
days in case of barangays. other words, the courts can review the terms
only of an approved ordinance [Marmeto v.
5. Voting and Results COMELEC, G.R. No. 213953 (2017)].
The results of the initiative shall be certified and
proclaimed by the COMELEC.
Page 330 of 384

6. Corporate Powers and Congress has absolute control over it; if
the property is owned in its private or
a. To Sue and Be Sued proprietary capacity, then it is patrimonial and
● Under Sec. 22 of the LGC, all local Congress has no absolute control, in which
government units may be sued. case, the municipality cannot be deprived of it
Paragraph 2 is a Congressional grant without due process and payment of just
of consent to be sued [Gatmaytan]. compensation [Province of Zamboanga del
● An LGU constitutes a political body Norte v. City of Zamboanga, G.R. No. L-24440
corporate created by a special charter (1968)].
endowed with the powers which pertain
to a municipality corporation. As such, To be considered public property: It is enough
it possesses the capacity to sue and be that the property be held and devoted for
sued [Municipal Board v. Court of Tax governmental purposes like local
Appeals, G.R. No. L-18946 (1964)]. administration, public education and public
health [Province of Zamboanga del Norte v.
Suability v. Liability City of Zamboanga, supra].
● The fact that they are suable does not
necessarily mean that they are liable. The subdivision of communal land of the State
Reference must be had to the applicable (although titled in the name of the municipal
law and established facts to determine their corporation) and conveyance of the resulting
liability [Municipality of San Fernando, La subdivision lots by sale on installment basis to
Union v. Firme, G.R. No. 52179 (1991)]. bona fide occupants by Congressional
● Consent to be sued only means that the authorization and disposition does not
State gives up its immunity from suit. This constitute infringements of the due process
does not concede liability, but merely clause or the eminent domain provisions of the
allows the plaintiff a chance to prove, if it Constitution but operates simply as a
can, that the State or its officials are liable manifestation of the legislature’s right of control
[USA v. Guinto, G.R. No. 76607 (1990)]. and power to deal with State property [Rabuco
v. Villegas, G.R. No. L-24661 (1974)].
The legal officer shall represent the LGU as
counsel in civil and special proceedings [Sec. Property Held in Trust by the LGU for the
481(3)(i), LGC]. National Government
Regardless of the source or classification of
b. To Acquire and Sell Property land in the possession of a municipality,
excepting those acquired with its own funds in
Nature and Control its private or corporate capacity, such property
The municipality owns property in two is held in trust for the State for the benefit of its
capacities: inhabitants, whether it be for governmental or
proprietary purposes. It holds such lands
1. In Its Public and Governmental subject to the paramount power of the
Capacity legislature to dispose of the same, for after all
it owes its creation to it as an agent for the
performance of a part of its public work
The property is public and Congress has
absolute control over it; [Rabuco v. Villegas, supra].
2. In Its Private or Proprietary Capacity c. To Enter into Contracts
It is patrimonial and Congress has no absolute The question of whether a sanggunian

control. authorization separate from the appropriation
ordinance is required should be resolved
If the property is owned by the municipal depending on the particular circumstances of
corporation or municipality in its public and the case. Resort to the appropriation
governmental capacity, the property is public ordinance is necessary in order to determine if
Page 331 of 384

there is a provision therein which specifically 2. When Not Required
covers the expense to be incurred or the No further authorization is required if the
contract to be entered into [Quisumbing v. appropriation ordinance already contains in
Garcia, G.R. No. 175527 (2008)]. sufficient detail the project and cost of a capital
outlay such that all the local chief executive
Requisites needs to do after undergoing the requisite
1. Entered into by the local chief executive public bidding is to execute the contract.
on behalf of the LGU;
2. Prior authorization by Sanggunian 7. Ultra Vires Acts
concerned; and
3. A legible copy of contract must be posted Every local government unit only derives its
at a conspicuous place in the provincial legislative authority from Congress. In no
capitol or city, municipal or barangay hall instance can the local government unit rise
[Sec. 22, LGC]. above its source of authority.
● As such, its ordinance cannot run against
The Authorization Need Not Be in the or contravene existing laws, precisely
Form of an Ordinance because its authority is only by virtue of the
A careful perusal of Section 444(b)(1)(vi) of the valid delegation from Congress [Mosqueda
LGC shows that the obligation which the said v. Pilipino Banana Growers & Exporters
local executive is authorized to enter into must Association, Inc., G.R. No. 189185 (2016)].
be made pursuant to a law or ordinance [Land
Bank of the Philippines v. Cacayuran, G.R. No. Types of Ultra Vires Acts [Land Bank of
191667 (2013)]. the PH v. Cacayuran, G.R. No. 191667
(2013)]
Appropriation Ordinance as Prior Examples of void ultra vires municipal
Authorization contracts:
Where the local government unit operates
under an annual as opposed to a re-enacted A public street is property for public use; hence,
budget, it should be acknowledged that the outside the commerce of man. Being outside
appropriation passed by the Sanggunian may the commerce of man, it may not be the subject
validly serve as the authorization required of lease or other contract. The city government,
under Sec. 22(c) of the LGC. After all, an contrary to law, has been leasing portions of
appropriation is an authorization made by the streets. Such lease or license is null and
ordinance, directing the payment of goods and void for being contrary to law [Dacanay v.
services from local government funds under Asistio, Jr., G.R. No. 93654 (1992)].
specified conditions or for specific purposes.
Note: The Dacanay case was decided before
Separate Sanggunian Authorization the enactment of the LGC. If the LGC would be
applied, flea markets may be allowed subject
1. When Required to compliance with Sec. 21 in that there must
When the appropriation ordinance describes be an ordinance.
the projects in generic terms there is an
obvious need for a covering contract for every Local Government Code, Section 21(d). Any city,
specific project that in turn requires approval by municipality, or barangay may, by a duly enacted
the Sanggunian. ordinance, temporarily close and regulate the use of
any local street, road, thoroughfare, or any other
Specific Sanggunian approval may also be public place where shopping malls, Sunday, flea or
night markets, or shopping areas may be
required for the purchase of goods and
established and where goods, merchandise,
services which are neither specified in the foodstuffs, commodities, or articles of commerce
appropriation ordinance nor encompassed may be sold and dispensed to the general public.
within the regular personal services and
maintenance operating expenses [Quisumbing
v. Garcia, supra]. A loan contract entered into by a municipality
for the purpose of funding the conversion of the
Page 332 of 384
Agoo Plaza into a commercial plaza, the former liable for damages, and the city or municipality shall
being a property for public use, hence part of be subsidiarily responsible therefor. xxx
the public dominion [Land Bank of the
Philippines v. Cacayuran, supra]. Civil Code, Article 2180. xxx The State is
responsible in like manner when it acts through a
special agent; but not when the damage has been
Liability of Public Officials for Ultra Vires
caused by the official to whom the task done
Acts properly pertains; in which case what is provided in
While a municipality cannot be bound by a Article 2176 shall be applicable. xxx
contract which is void for being ultra vires,
“case law states that the [officers] who Civil Code, Article 2189. Provinces, cities and
authorized the same can be held personally municipalities shall be liable for damages for the
death of, or injuries suffered by, any person of the
accountable for acts claimed to have been defective condition of roads, streets, bridges, public
performed in connection with official duties buildings, and other public works under their control
where they have acted ultra vires” [Land Bank or supervision.
of the Philippines v. Cacayuran, supra].
Liability Under Art. 2189 Based on

B. Liability of Local Government
Control or Supervision
Units
For liability to arise under Art. 2189 of the Civil
Statutory Liability Code, ownership of the roads, streets, bridges,
public buildings, and other public works, is not
Local Government Code, Section 24. Liability for a controlling factor, it being sufficient that a
Damages. – Local government units and their province, city or municipality has control or
officials are not exempt from liability for death or supervision thereof [Municipality of San Juan v.
injury to persons or damage to property. CA, G.R. No. 121920 (2005)].
Although the drainage hole which caused the

Liability Under the Civil Code
accident was located on a national road, the
City was still liable under Art. 2189 because
Civil Code, Article 34. When a member of a city or their City Engineer exercises control and
municipal police force refuses or fails to render aid supervision over said national road [Guilatco v.
or protection to any person in case of danger to life
or property, such peace officer shall be primarily
City of Dagupan, G.R. No. 61516 (1989)].
Political/Governmental Acts vs. Corporate/Proprietary Acts

Political/Governmental Acts Corporate/Proprietary Acts
LGU generally not liable unless a Can be held liable ex contractu or

Liability
statute provides otherwise. ex delicto.
Defense of due diligence in the

No valid defense for non-
Defense selection and supervision of its
performance.
officers.
Officers or agents acting within

Officers and agents are like a)
official duties are not liable unless
individuals; or b) the directors and
Personal Liability of they acted willfully and maliciously
officers of a private corporation
Officers [Mendoza v. De Leon, G.R. No.
(i.e., they are liable if they acted in
9596 (1916); but See Sec. 24,
bad faith or with gross negligence).
LGC].
Page 333 of 384

Political/Governmental Acts Corporate/Proprietary Acts
Application of Respondeat superior does not Respondent Superior applies

Respondeat Superior apply. [Mendoza v. de Leon, supra].
Note: The distinction in jurisprudence between governmental and proprietary acts may not be
applicable after the enactment of the LGC 1991. Under Sec. 24 of the LGC 1991, there is a general
withdrawal of exemption.
Contractual Liability Personal Liability of the Public Official
General Rule: The LGU is liable only for The public official is personally liable for
contracts that are validly entered in to. damages:
1. In contracts and torts, if he acts:
Exception: The Doctrine of Implied a. Beyond the scope of his powers; or
Municipal Liability provides that an LGU may b. With bad faith [Rivera v. Maclang,
become obligated upon an implied contract to G.R. No. L-15948 (1963)]; and
pay reasonable value of the benefits accepted 2. For his refusal or neglect, without
by it as to which it has the general power to justifiable cause, to perform his official
contract [Province of Cebu v. IAC, G.R. No. duty [Art. 27, Civil Code].
72841 (1987)] on the hiring of a private counsel 3. Municipal Mayor and Vice Mayor were
by the governor which was not repudiated by held liable for back wages for illegally
the provincial board. dismissing a Sanggunian Secretary
[Campol v. Balao-as, G.R. No. 197634
Torts Liability (2016)].
4. Municipal Mayor cannot be held
Under jurisprudence, liability of the LGU would personally liable for the collection of an
depend on the nature of the act. additional levy for special education as
such was done pursuant to an ordinance
a. If in the Performance of a which, at the time of the collection, was yet
Governmental Function to be invalidated [Demaala v. Commission
The LGU is not liable [Palafox v. Province of on Audit, G.R. No. 199752 (2015)].
Ilocos Norte, G.R. No. L-10659 (1958)].
Liability of Public Officials for Ultra Vires
b. If in the Performance of a Proprietary Acts:
Function While a municipality cannot be bound by a
The LGU is liable, such as in the following contract which is void for being ultra vires,
instances: “case law states that the officers who
● The improper grant of a ferry service authorized the same can be held personally
franchise [Mendoza v. de Leon, supra]; accountable for acts claimed to have been
● Deaths caused by a collapsed stage in a performed in connection with official duties
town fiesta [Torio v. Fontanilla, G.R. No. L- where they have acted ultra vires” [Land Bank
29993 (1978)]. of the Philippines v. Cacayuran, supra].
c. Liability for Back Pay of Employees Refunding of Amounts Disallowed by the

LGUs may be held liable for the back pay or COA
wages of employees or laborers illegally
separated from the service [Guillergan v. In the recent landmark ruling in Mario M.
Ganzon, G.R. No. L-20818 (1966)]. Madera v. Commission on Audit, G.R. No.
244128 (08 September 2020) (“Madera”), the
Supreme Court laid down a new set of rules
Page 334 of 384
regarding the refund of amounts disallowed by recipients, are liable to return the
the Commission on Audit (“COA”). disallowed amounts respectively
received by them, unless they are able
The rules regarding the refund of disallowed to show that the amounts they
amounts: received were genuinely given in
1. If a Notice of Disallowance is set aside consideration of services rendered.
by the court, no return shall be required d. The court may likewise excuse the
from any of the persons held liable return of recipients based on undue
therein. prejudice, social justice
2. If a Notice of Disallowance is upheld, considerations, and other bona
the rules on return are as follows: fide exceptions as it may determine on
a. Approving and certifying officers who a case to case basis.
acted in good faith, in regular
performance of official functions, and C. Settlement of Boundary
with the diligence of a good father of
the family are not civilly liable to return Disputes
consistent with Section 38 of the
Administrative Code of 1987. Amicable Settlement
b. Approving and certifying officers who
are clearly shown to have acted in bad Boundary disputes between and among local
faith, malice, or gross negligence are, government units shall, as much as possible,
pursuant to Section 43 of the be settled amicably [Sec. 118, LGC].
Administrative Code of 1987, solidarily
liable to return only the net disallowed There is a boundary dispute when a portion or
amount, which excludes amounts the whole of the territorial area of an LGU is
excused under these rules. claimed by two or more LGUs [Sec. 15, LGC
c. Recipients, whether approving or IRR].
certifying officers or mere passive
Boundary Disputes Between Parties

Boundary Dispute Between Where Amicably Settled By
Sangguniang Panlungsod or
2 or more barangays Same city or municipality
Sangguniang Bayan
2 or more municipalities Same province Sangguniang Panlalawigan
Jointly referred to respective

Municipalities or component
Different provinces Sanggunians of the
cities
provinces concerned
Component city or municipality

v. highly urbanized city
N/A Jointly referred to respective
Sanggunians of the parties
Between 2 or more highly
urbanized cities
Note: The power of provincial boards to settle boundary disputes is limited to implementing the law
creating a municipality. Thus, provincial boards do not have the authority to approve agreements which
in effect amend the boundary stated in the creating statute [Municipality of Jimenez v. Baz, Jr., G.R.
No. 105746 (1996)].
Page 335 of 384

Formal Trial for the creation of a barangay is for its territorial
jurisdiction to be properly identified by metes
a. Trial by Sanggunian and bounds or by more or less permanent
In the event the Sanggunian fails to effect an natural boundaries. Precisely because
amicable settlement within 60 days from territorial jurisdiction is an issue raised in the
referral of the dispute: pending boundary dispute, until and unless
a. It shall issue a certification to that such issue is resolved with finality, to define the
effect; and territorial jurisdiction of the proposed barangay
b. The dispute shall be formally tried by would only be an exercise in futility [City of
the Sanggunian concerned, which shall Pasig v. COMELEC, G.R. No. 125646 (1999)].
decide the issue within 60 days from
the date of the certification referred to Evidence Given More Weight
above [Sec. 118(e), LGC].
It is undisputed that the Land Management
b. Trial by RTC Bureau is the principal government agency
When the dispute between the LGUs do not fall tasked with the survey of lands, and thus, more
under those enumerated in Sec. 118, LGC, the weight should be given to the documents
RTC shall exercise original jurisdiction over the relating to its official tasks which are presumed
settlement of the boundary dispute to be done in the ordinary course of business.
[Municipality of Kananga v. Madrona, G.R. No. Between a geodetic engineer and a tax
141375 (2003), applying Sec. 19(6), B.P. Blg. assessor, it is the former’s certification as to the
129]. location of properties in dispute that is
controlling, absent any finding of abuse of
Appeal discretion. The duty of provincial and municipal
assessors is primarily the assessment of taxes
and not the survey of lands [Barangay
Appeal of the Sanggunian Decision
Sangalang v. Barangay Maguihan, G.R. No,
● When: Within the time and manner
159792 (2009)].
prescribed by the Rules of Court.
● Where: Proper RTC having jurisdiction
over the area in dispute [Sec. 119, LGC]. D. Vacancies and Succession
Maintenance of the Status Quo Permanent Vacancy

Pending final resolution of the dispute, the Occurs when an Elective Local Official:
status of the affected area prior to the dispute a. Fills a higher vacant office;
shall be maintained and continued for all b. Refuses to assume office;
purposes [Sec. 119, LGC; Art. 18, LGC IRR]. c. Fails to qualify;
d. Dies;
The conduct of a plebiscite on the creation of a e. Is removed from office;
barangay should be suspended or canceled in f. Voluntarily resigns; or
view of a pending boundary dispute between g. Is otherwise permanently incapacitated
two local governments involving an area from discharging the functions of his office
covered by the proposed barangay. A requisite [Sec. 44(d), LGC].
a. Permanent Vacancy in the Local Chief Executive [Sec. 44, LGC]

Vacant Positions Successors
Governor Vice governor
Mayor Vice mayor
Vice governor or vice mayor Highest-ranking Sanggunian member
Page 336 of 384

Vacant Positions Successors
Mayor; Second highest ranking Sanggunian

Governor and vice governor OR Mayor and vice member to become Vice governor/Vice mayor
mayor Subsequent vacancies filled according to their
rank
Highest-ranking Sangguniang Barangay

Punong Barangay
Member
Ranking in the Sanggunian

Determined on the basis of the proportion of votes obtained by each winning candidate to the total
number of registered voters in each district in the immediately preceding local election [Sec. 44, LGC].
Resolution of Ties
A tie between or among highest ranking Sanggunian members shall be resolved by the drawing of lots
[Sec. 44(c), LGC].
b. Permanent Vacancies in the Sanggunian [Fariñas v. Barba, G.R. No. 116763 (1996);
Sec. 45, LGC]
If member who If member who
caused vacancy was caused vacancy not
Position Appointing Authority
member of a political a member of any
party political party
Nomination and Recommendation of

Sangguniang
Certification of the the Sangguniang
Panlalawigan
political party of the Panlalawigan
member who caused
the vacancy issued by
the highest official of
President through the
Sangguniang the political party
Executive Secretary
Panlungsod (of highly Rationale: To maintain Recommendation of
urbanized and party representation the Sangguniang
independent as willed by the people Panlungsod
component cities) in the election
[Navarro v. CA, G.R.
No. 141307 (2001)].
Sangguniang Nomination and Recommendation of

Panlungsod (of Certification of the Sangguniang
component cities) political party of the Panlungsod
Governor member who caused
the vacancy issued by
Recommendation of
Sangguniang Bayan the highest official of
Sangguniang Bayan
the political party
N/A
City Sangguniang Recommendation of
Sangguniang
Barangay Municipal Sangguniang
Barangay There is no right to
Mayor Barangay
nominate because the
Page 337 of 384

If member who If member who

caused vacancy was caused vacancy not
Position Appointing Authority
member of a political a member of any
party political party
members of the
Sangguniang
Barangay are not
allowed to have party
affiliations
Appointment Without Nomination and Resignation by: Approved by:

Certification
Such appointment is null and void ab initio and Governors and vice
is a ground for administrative action against the governors; mayors
responsible official [Sec. 45(b), LGC]. President
and vice mayors of
HUCs and ICCs
Power of Appointment
The appointing authority is not bound to Mayors and vice
appoint anyone recommended to him by the mayors of
Governors
Sanggunian concerned. component cities
and municipalities
On the other hand, neither is the appointing
authority vested with so large a discretion that Sanggunian Sanggunian
he can disregard the recommendation of the members concerned
Sanggunian concerned. Since the
recommendation takes the place of nomination City or municipal
Barangay officials
by political party, the recommendation must mayor
likewise be considered a condition sine qua
non for the validity of the appointment [Fariñas Exceptions
v. Barba, supra]. Resignation is deemed accepted when:
a. Not acted upon: The resignation shall be
Term of Office of the Appointee deemed accepted if not acted upon by the
The appointee under Sec. 45 serves the authority concerned within 15 working days
unexpired term of the vacant office [Sec. 44(d), from the receipt thereof [Sec. 82, LGC].
LGC]. b. Irrevocable resignations by Sanggunian
members: Deemed accepted upon
Vacancy in the Barangay or Youth presentation before an open session of the
Representation in the Sanggunian Sanggunian concerned and duly entered in
The vacancy is automatically filled by the its records [Sec. 82, LGC].
official next in rank of the organization
concerned [Sec. 45(d), LGC]. However, this does not apply to
Sanggunian members who are subject to
c. Resignation of Elective Officials recall elections or to cases where existing
laws prescribe the manner of acting upon
General Rule: Deemed effective only upon such resignations [Sec. 82, LGC].
acceptance of the resignation by the following
authorities: [Sec. 82, LGC] When Law Is Silent as to Who Approves
Resignation
Under established jurisprudence, resignations,
in the absence of statutory provisions as to
Page 338 of 384
whom they should be submitted, should be perform his duties for physical or legal reasons
tendered to the appointing person or body such as, but not limited to:
[Sangguniang Bayan of San Andres v. CA, a. Leave of absence;
G.R. No. 118883 (1998)]. b. Traveling abroad; or
c. Suspension from office [Sec. 46, LGC].
Resignation Not Allowed in Recall
The elective local official sought to be recalled
Office where Who temporarily
shall not be allowed to resign while the recall
temporary vacancy succeeds in to
process is in progress [Sec. 73, LGC].
occurs office
d. Abandonment Vice governor,
Abandonment is the “voluntary relinquishment Governor
automatically
of an office by the holder, with the intention of
terminating his possession and control thereof” Vice mayor,
Mayor
[Sangguniang Bayan of San Andres v. CA, automatically
supra].
Highest-ranking
Resignation v. Abandonment Sanggunian
Punong Barangay
Although a resignation is not complete without Member,
an acceptance thereof by the proper authority, automatically
an office may still be deemed relinquished
through voluntary abandonment which needs 1. The designated
no acceptance. person in writing
by the local chief
Abandonment of office is a species of executive; OR
Local Chief
resignation. While resignation in general is a 2. Vice governor,
Executive is
formal relinquishment, abandonment is a Vice mayor, or
traveling within the
voluntary relinquishment through nonuser. highest ranking
country but is
Nonuser refers to a neglect to use a privilege Sangguniang
outside his territorial
or a right or to exercise an easement or an Barangay
jurisdiction for a
office [Sangguniang Bayan of San Andres v. Member, on the
period not exceeding
CA, supra]. 4th day of
three consecutive
absence, if local
days.
chief executive
Requisites for Essential Elements fails or refuses
Resignation of Abandonment to designate a
successor.
1. Intention to 1. Intent to
relinquish part of Abandon;
a term 2. Overt act by Extent of Duty Exercised by Temporary
relinquishment; which the Successor
2. Act of intention is to be General Rule: The successor shall
relinquishment; carried into automatically exercise the powers and perform
3. Acceptance by effect. the duties and functions of the local chief
the proper executive.
authority.
Exceptions: If the local chief executive is
traveling within the country but outside his
Temporary Vacancy territorial jurisdiction for a period not exceeding
3 consecutive days, he may designate in
Succession In Temporary Vacancies writing the officer-in-charge.
Temporary vacancy occurs when the local
chief executive is temporarily incapacitated to The power to appoint, suspend, or dismiss
employees can only be exercised if the period
Page 339 of 384
of temporary incapacity exceeds thirty working
Local Official LOA approved by
days [Sec. 46(a), LGC].
Sanggunian
Termination of Temporary Incapacity Panlalawigan,
Temporary incapacity is terminated upon The Vice governor
Panglungsod, and
submission by the local chief executive to the or Vice mayor
Bayan Members and
Sanggunian of a written declaration that he has their employees
reported back to office.
The City/Municipal
If the temporary incapacity is due to legal Punong Barangays
Mayor
causes, the local chief executive must also
submit the necessary documents showing that Sanggunian The Punong
the legal causes no longer exist [Sec. 46(b), Barangay Members Barangay
LGC].
If the application for LOA is not acted upon
Leaves of Absence [Sec. 47(a), LGC] within 5 working days after receipt, the
Local Official LOA approved by application is deemed approved [Sec. 47(b),
LGC].
Governors and The President or his
mayors of HUCs or duly authorized
ICCS representative
E. Recall
Vice-Governors, Local Government Code, Section 69. By Whom

The Local Chief
City/Municipal Vice exercised. – The power of recall for loss of
Executive confidence shall be exercised by the registered
mayors
voters of a local government unit to which the local
City/Municipal elective office subject to such belongs.
Mayors of
The Governor
component cities
and municipalities
Grounds
Ground for recall Loss of confidence [Sec. 69, LGC].
Registered voters of a LGU to which the local elective official subject to

Right given to
recall belongs [Sec. 69, LGC].
By a petition of a registered voter supported by:

● 25% of registered voters if LGU has a voting population of not more
than 20,000.
● 20% of registered voters if LGU has a voting population of 20,000 to
Initiation of recall 75,000. In no case shall petitioners be less than 5,000.
process ● 15% of registered voters if LGU has a voting population of 75,000 to
300,000. In no case shall petitioners be less than 15,000.
● 10% of registered voters if LGU has a voting population of more
than 300,000. In no case shall petitioners be less than 45,000 [Sec.
70, LGC, as amended by R.A. No. 9244].
Barangay, city, or municipal officials: not later than 30 days from

When recall election
completion.
is held
Page 340 of 384

Provincial officials: not later than 45 days from completion [Sec. 71,
LGC].
Automatically considered as candidate and is entitled to be voted upon

Effects on official [Sec. 71, LGC].
sought to be recalled
Not allowed to resign while recall process is in progress [Sec. 73, LGC].
Only upon election and proclamation of a successor or the candidate

Effectivity of recall receiving the highest number of votes cast during the election on recall
[Sec. 72, LGC].
Signature Requirement 2. Failure to obtain the required number

The law states “upon petition of at least 25% of shall result in the automatic nullification
registered voters” and not “signed by 25% of of the petition.
the registered voters.” The petition must be c. Notice, Publication, and Posting.
filed not by one person but at least by 25% of 1. Within 3 days from certification of
the total number of registered voters. While the sufficiency, COMELEC shall:
initiatory recall petition may not yet contain the i. Provide the official subject of recall
signatures of at least 25% of the total number with a copy of the petition;
of registered voters, the petition must contain ii. Cause the publication of the
the names of at least 25% of the total number petition once a week for 3
of registered voters in whose behalf only one consecutive weeks in a national
person may sign the petition in the meantime newspaper and a local newspaper
[Angobung v. COMELEC, G.R. No. 126576 of general circulation; and
(1997)]. iii. Cause its posting for 10 to 20 days
at conspicuous places.
Note: The Angobung decision is likely no d. Verification and Authentication of
longer good law as it was decided under the Signatures.
LGC’s original provisions on recall. As 1. COMELEC verifies and authenticates
amended by R.A. No. 9244, Sec. 70 of the LGC the signatures.
seems to require that the petition already e. Filing of Candidacies.
contains the required number of signatures 1. COMELEC announces the acceptance
upon the filing thereof [Gatmaytan]. of candidates for the recall election, the
● Sec. 70(b)(2)(a), LGC as amended, official subject of the recall being
requires the petition to contain the names automatically included in the list [Sec.
of petitioners and their signatures. 71, LGC].
f. Setting of Election.
Procedure [Sec. 70, LGC, as amended 1. COMELEC shall set the election within
by R.A. No. 9244] 30 days upon completion of the above
procedure in barangays, cities, and
a. Petition filed by a registered voter in the municipalities; or within 45 days in
provinces [Sec. 71, LGC].
LGU concerned to the COMELEC,
supported by the necessary number of
registered voters. Limitations
b. COMELEC’s Certification of Sufficiency.
1. Within 15 days from filing of the 1. Any local elective official may be the
petition, the COMELEC must certify the subject of recall election only once
sufficiency of the required number of during his term of office for loss of
signatures. confidence [Sec. 74(a), LGC].
2. No recall election shall take place within
one (1) year from the date of the official’s
Page 341 of 384
assumption to office or one (1) year which he or she was elected [Sec. 11 (c), R.A.
immediately preceding a regular local No. 10742].
election [Sec. 74(b), LGC]. R.A. No. 9006 (Fair Elections Act)
No “deemed resigned” rule for elective
The phrase “regular local election” refers to an officials: An elective official running for any
election where the office held by the local office other than the one which he is holding in
elective official sought to be recalled will be a permanent capacity, is no longer considered
contested and be filled by the electorate [Paras ipso facto resigned from his office upon the
v. COMELEC, G.R. No. 123169 (1996)]. filing of his certificate of candidacy because of
Sec. 14 of R.A. No. 9006.
As used in Sec. 74(b) of the LGC, “recall” refers
to the election itself by means of which voters Note: Sec. 14 of R.A. No. 9006 expressly
decide whether they should retain their local repealed Sec. 67 of B.P. Blg. 881 or the
official or elect his replacement. Hence, recall Omnibus Election Code which states that “any
proceedings may be initiated within 1 year from elective official, whether national or local,
the official’s assumption of office as long as the running for any office other than the one which
recall election is set outside such period he is holding in a permanent capacity, except
[Claudio v. COMELEC, G.R. No. 140560 for President and Vice-President, shall be
(2000)]. considered ipso facto resigned from his office
upon the filing of his certificate of candidacy.”
F. Term Limits
The “deemed resigned” rule is retained for
appointive officials. Sec. 14 of R.A. No. 9006
Length of Term
did not repeal Sec. 66 of the Omnibus Election
Code, which imposes a limitation to appointive
1987 Constitution, Article X, Section 8. The term officials and considers them ipso facto
of office of local elective officials, except barangay resigned from office upon filing of their
officials, which shall be determined by law, shall be
certificate of candidacy.
three years and no such official shall serve for more
than three consecutive terms. xxx
The classification justifying Sec. 14 of R.A. No.
9006, i.e., elected officials vis-à-vis appointive
R.A. No. 9164: Synchronized Barangay officials, is anchored upon material and
and Sangguniang Kabataan Elections significant distinctions (e.g., elective officials
(2002) occupy their office by virtue of the mandate of
the electorate, appointive officials are
Term of office of barangay and prohibited from engaging in partisan political
sangguniang kabataan officials: 3 years activity except to vote) [Fariñas v. Executive
[Sec. 2, R.A. No. 9164]. Secretary, G.R. No. 147387 (2003)].
No Barangay Elective Official Shall Serve Limitation of Consecutive Terms

for More Than 3 Consecutive Terms in the
Same Position What Constitutes a Term of Office
1. The term of office shall be reckoned from The term limit for elective officials must be
the 1994 barangay elections; taken to refer to the right to be elected as well
2. Voluntary renunciation of office for any as the right to serve in the same elective
length of time shall not be considered as an position. Consequently, it is not enough that an
interruption [Sec. 2, R.A. No. 9164]. individual has served three consecutive terms
in an elective local office, he must also have
A Sangguniang Kabataan official who, during been elected to the same position for the same
his or her term of office, shall have passed the number of times before the disqualification can
age of twenty-four (24) years shall be allowed apply [Borja, Jr. v. COMELEC, G.R. No.
to serve the remaining portion of the term for 133495 (1998)].
Page 342 of 384

The interruption of a term that would prevent No. 147927 (2002); Socrates v. COMELEC,
the operation of the three-term rule involves G.R. No. 154512 (2002)].
“no less than the involuntary loss of title to
office [or the right to hold on to an office]” or “at c. Conversion
least an effective break from holding office” The abolition of an elective local office due
[Aldovino, Jr. v. COMELEC, G.R. No. 184836 to the conversion of a municipality to a city
(2009)]. does not, by itself, work to interrupt the
incumbent official’s continuity of service
Two Conditions for the Application of the [Latasa v. COMELEC, G.R. No. 154829
Disqualification (2003)].
1. Elected for three consecutive times for
the same position; and d. Preventive Suspension
2. Fully served three consecutive terms Preventive suspension is not a term-
[Borja, Jr. v. COMELEC, supra]. interrupting event as the elective officer’s
continued stay and entitlement to the office
Prevailing Doctrines on Issues Affecting remain unaffected during the period of
Consecutiveness of Terms And/or suspension, although he is barred from
Involuntary Interruption [Abundo, Sr. v. exercising the functions of his office
COMELEC, G.R. No. 201716 (2013)] [Aldovino, Jr. v. COMELEC, supra].
a. Assumption of Office by Operation of e. Losing in an Election Protest

Law When a candidate is proclaimed a winner
When a permanent vacancy occurs in an for an elective office and assumes office,
elective position pursuant to the rules of his term is interrupted when he loses in an
succession under the LGC: election protest and is ousted from office,
thus disenabling him from serving what
For the office assumed: The successor’s would otherwise be the unexpired portion
service for the unexpired portion of the term of of his term of office had the protest been
the replaced official is not treated as one full dismissed [Lonzanida v. COMELEC, G.R.
term and is not counted in the application of No. 135150 (1999); Dizon v. COMELEC,
any term limit [Borja, Jr. v. COMELEC, supra]. G.R. No. 182088 (2009)].
For the office held before succession: The However, when an official loses in an
successor’s assumption by operation of law to election protest and said decision becomes
the higher office (e.g., vice-mayor) is final after said official had served the full
considered an involuntary severance or term for said office, then his loss in the
interruption of the office he previously held election contest does not constitute an
(e.g., councilor), i.e., it is not counted in the interruption since he managed to serve the
application of any term limit [Montebon v. term from start to finish. His full service
COMELEC, G.R. No. 180444 (2008)]. should be counted in the application of the
term limits [Ong v. Alegre, G.R. No. 163295
b. Recall Elections (2006); Rivera III v. COMELEC, G.R. No.
An elective official, who has served for three 167591 (2007)].
consecutive terms and who did not seek the
elective position for what could be his fourth f. Effect of Winning in an Election Protest
term, but later won in a recall election, had an The period during which the winner of an
interruption in the continuity of his service. For, election protest is unable to assume office
he had become in the interim (i.e., from the end as it was occupied by his opponent is
of the 3rd term up to the recall election) a considered to be an involuntary interruption
private citizen [Adormeo v. COMELEC, G.R. in the service of his term and therefore bars
the application of the three-term limit rule
[Abundo, Sr. v. COMELEC, supra].
Page 343 of 384

PUBLIC INTERNATIONAL LAW

INTERNATIONAL LAW
PUBLIC INTERNATIONAL LAW POLITICAL LAW
c. Requisites (Valid Treaty)
PUBLIC 1. Treaty Making Capacity - Refers to States
which have international legal personality
INTERNATIONAL (See Article 6 of VCLT specifically provides
that states have the capacity to enter into
LAW treaties);
2. Competence of the representative giving
I. SOURCES OF consent;
3. Consent freely given;
OBLIGATIONS 4. Object and Subject Matter;
5. Ratification.
A. Treaties
In addition to the constitutional requirement,
a. Definition of Treaty ratification is likewise necessary under
international law when:
1. The treaty provides for consent to be
A treaty, under international law is:
expressed by means of ratification;
a. An international agreement;
2. It is otherwise established that the
b. Concluded between states;
negotiating states agreed that ratification
c. In written form;
should be required;
d. Governed by international law;
3. The representative of the state has signed
e. Embodied in a single instrument or in two
the treaty subject to ratification; or
or more related instruments; and
4. The intention of the State to sign the treaty
f. Whatever its particular designation [Art.
subject to ratification appears from the full
2(1)(a), Vienna Convention on the Law of
powers of its representative, or was
Treaties (VCLT)].
expressed during the negotiation [Art.
14(1), VCLT].
However, the definition of a treaty under the
VCLT is without prejudice to the use of those
terms or to the meanings which may be given d. Treaty-Making Process
to them in the internal law of any State [Art.
2(2), VCLT]. 1. Authorization
Two modes where a person is considered as
Thus, other names of treaties include representing their state: (a) with full powers;
conventions, covenants, protocols, modus and (b) without full powers.
vivendi, pacts, charters, concordat.
With Full Powers
b. Requisites (General) A person is considered as representing a State
in the treaty-making process if he produces
1. Written Form; appropriate full powers [Art. 7(1)(a-b), VCLT].
• No specific form required, as long as it is
written [See Maritime Delimitations and Without Having to Produce Full Powers
Territorial Questions between Qatar and In virtue of their functions, the following are
Bahrain, Qatar v. Bahrain, ICJ (1994)]. considered as representing their State:
• May be embodied in a single instrument a. Heads of State, Heads of Government
or in two or more related instruments. and Ministers for Foreign Affairs, for the
2. Between States; purpose of performing all acts relating
3. Governed by international Law. to the conclusion of a treaty;
b. Heads of diplomatic missions, for the
purpose of adopting the text of a treaty
between the accrediting State and the
State to which they are accredited;
Page 345 of 384
Representatives accredited by States 2. Pacta Tertiis Nec Nocent Nec Prosunt
to an International conference or to an Treaty obligation is based on consent. No state
international organization or one of its may be bound by a treaty obligation unless it
organs, for the purpose of adopting the has so consented [Art. 34, VCLT].
text of a treaty in that conference,
organization or organ [Art. 7(2)(ac), How manifested: Signature, exchange of
VCLT]. instruments constituting a treaty, ratification,
acceptance, approval or accession, or by any
2. Negotiation other means if so agreed [Art. 11, VCLT, but
The State representatives discuss the terms see Article 12-14 of VCLT for specific rules
and provisions of the treaty. governing giving consent by exchange of
instruments, signature, or ratification].
3. Adoption
When the form and content have been settled 3. Pacta Sunt Servanda
by the negotiating states, the treaty is adopted. Every treaty in force is binding upon the parties
This is only preparatory to (1) the to it and must be performed by them in good
authentication of the text of the treaty, and (2) faith [Art. 26, VCLT].
the signing thereof [Art. 9, VCLT].
Note: This is considered as CIL and it applies
4. Authentication to all obligations contained in a treaty.
A definitive text of the treaty is established as
the correct and authentic one [Art. 10, VCLT]. 4. Generally Not Binding on Third States,
i.e. Non-Contracting Parties
5. Expression of consent General Rule: A treaty does not create either
The state parties express their consent to be obligations or rights for a third State without its
bound by the terms of the treaty. The modes of consent [Art. 34, VCLT].
such expression are by (i) signature, (ii)
exchange of instruments constituting a treaty, Exceptions:
(iii) ratification, (iv) acceptance, (v) approval or a. When the third party accepts a provision
(vi) accession, or (vii) by any other means if so establishing an obligation for that third
agreed [Art. 11, VCLT]. party [Art. 35, VCLT];
b. When the third party accepts a right
Note: See Articles 12-17 of the VCLT for in provided for and exercises such right in
detail explanations of each manner of accordance with the conditions established
expressing consent. in the treaty. Art. 36, VCLT].
6. Registration 5. Treaties are Non-Retroactive

The treaty is then registered with the General Rule: A treaty does not bind a party in
Secretariat of the United Nations [Art. 80, relation to any act or fact which took place or
VCLT]. Otherwise, the treaty may not be any situation which ceased to exist before the
invoked before any UN organ [Art. 102(2), UN date of entry into force of the treaty [Art. 28,
Charter], including the ICJ. VCLT].
e. Basic Principles of Treaties Exceptions: A different intention appears from

the treaty or is otherwise established [Art. 28,
1. Vienna Convention on the Law of VCLT].
Treaties
The primary body of law governing treaties is 6. Interpretations
the Vienna Convention on the Law of Treaties,
which is considered binding as CIL. Schools of Interpretation [Art. 31, VCLT]
a. Subjective – intention of the parties;
b. Objective – textual;
Page 346 of 384
c. Teleological – object and purpose. international law having the same character
[Draft Conclusion 1, Peremptory Norms of
General Rule: A treaty shall be interpreted in General International Law (DCJC)].
good faith in accordance with the ordinary
meaning to be given to the terms of the treaty General Nature of Jus Cogens [Draft
in their context and in the light of its object and Conclusion 3, DCJC]
purpose [Art. 31(1), VCLT]. Peremptory norms of general international law
(jus cogens) reflect and protect fundamental
Exceptions: The context for the purpose of the values of the international community. These
interpretation of a treaty shall comprise, in are hierarchically superior to other rules of
addition to the text, including its preamble and international law and are universally
annexes [Art. 31(2), VCLT]: applicable.
a. Any agreement relating to the treaty which Bases for Jus Cogens [Draft Conclusion 5,
was made between all the parties in DCJC]
connection with the conclusion of the 1. CIL is the most common basis for
treaty; peremptory norms of general international
b. b. Any instrument which was made by one law (jus cogens).
or more parties in connection with the 2. Treaty provisions and general principles of
conclusion of the treaty and accepted by law.
the other parties as an instrument related
to the treaty. Elements of Jus Cogens [Draft Conclusion
4, DCJC]
The first duty of a tribunal is to endeavor to give 1. The norm must be a norm of general
effect to the provisions of the treaty in their international law;
natural and ordinary meaning in the context in 2. The norm must be accepted and
which they occur. If the words in their natural recognized by the international community
and ordinary meaning are ambiguous or lead of States as a whole; and
to an unreasonable result, only then must the 3. The norms must be one from which no
Court, by resort to other methods of derogation is permitted and which can be
interpretation, seek to ascertain what the modified only by a subsequent norm of
parties really did mean when they used these general international law of the same
words [Competence of the General Assembly character.
(Ad Op), ICJ (1950)].
Acceptance and Recognition [Draft
An agreement as to the interpretation of a Conclusion 6, DCJC]
provision reached after the conclusion of the
“Acceptance and recognition” as a criterion for
treaty represents an authentic interpretation by identifying a peremptory norm of general
the parties. Subsequent practice constitutes
international law (jus cogens) is distinct from
objective evidence of the understanding of the acceptance and recognition as a norm of
parties as to the meaning of the treaties
general international law. To identify a norm as
[Kasikili/Sedudu Island, ICJ (1999)]. jus cogens, there must be evidence that such
a norm is accepted and recognized as one from
1. Concept of Jus Cogens which no derogation is permitted, and which
(Peremptory Norms of International can only be modified by a subsequent norm of
Law) general international law having the same
A peremptory norm of general international law character.
(jus cogens) is a norm accepted and
recognized by the international community of Evidence of Acceptance and Recognition
States as a whole as a norm from which no [Draft Conclusion 8, DCJC]
derogation is permitted and which can be Evidence of acceptance and recognition that a
modified only by a subsequent norm of general norm of general international law is a
Page 347 of 384
peremptory norm (jus cogens) may take a wide b. Brings their mutual relations into
range of forms. These include, but are not conformity with the peremptory norm of
limited to: general international law [Art. 71,
● Public statements made on behalf of VCLT].
States; 2. If a jus cogens norm arises, any existing
● Official publications; treaty to the contrary becomes void [Art.
● Government legal opinions; 64, VCLT].
● Diplomatic correspondence; a. Releases the parties from any
● Legislative and administrative acts; obligation further to perform the treaty;
● Decisions of national courts; b. Does not affect any right, obligation or
● Treaty provisions; legal situation of the parties created
● Resolutions adopted by an international through the execution of the treaty prior
organization or at an intergovernmental to its termination, provided that those
conference. rights, obligations or situations may
thereafter be maintained only to the
Subsidiary Means for the Determination extent that their maintenance is not in
of Peremptory Character of Norms of itself in conflict with the new
General International Law (Jus Cogens) peremptory norm of general
[Draft Conclusion 9, DCJC] international law [Art. 71, VCLT].
a. Decisions of international courts and
tribunals, in particular of ICJ, are a There Are Consequences for Serious
subsidiary means for determining the Breaches of Peremptory Norms of
peremptory character of norms of general General International Law (Jus Cogens)
international law (jus cogens). [Draft Conclusion 19, DCJC]
b. The works of expert bodies established A breach of an obligation arising under a
by States or international organizations peremptory norm of general international law
and the teachings of the most highly (jus cogens) is serious if it involves a gross or
qualified publicists of the various nations systematic failure by the responsible State to
may also serve as subsidiary means. fulfill that obligation.
c. There must be showing of practice of such
kind as to show a conviction that the States shall cooperate to bring to an end
developing rule was of that specific nature through lawful means any serious breach by a
(superior opinio juris). State of an obligation arising under a
1. Example: If the universal reaction of a peremptory norm of general international law
breach of treaty was to assert that no (jus cogens). No State shall recognize as lawful
derogation was permitted, this is opinio a situation created by a serious breach, nor
juris. render aid or assistance in maintaining that
2. If a State not directly affected by the situation.
breach took counter-measures against
the offending State, and that State 2. Reservations, Withdrawal,
conceded its right to do so, this is Termination, and Rebus Sic Stantibus
opinio that an obligation erga omnes
was involved. a. Reservations
A reservation is a unilateral statement,
Effects of Jus Cogens however phrased or named, made by a State,
1. Treaties to the contrary are void [Art. 53, when signing, ratifying, accepting, approving or
VCLT]. acceding to a treaty, whereby it purports to
a. Eliminates as far as possible the exclude or to modify the legal effect of certain
consequences of any act performed in provisions of the treaty in their application to
reliance on any provision which that State [Art. 2(d), VCLT].
conflicts with the peremptory norm of
general international law; and
Page 348 of 384

Exceptions: A reservation shall not operate to a. When it appears from the negotiating
modify or exclude the provisions of a treaty: States and the object and purpose of a
a. Where the treaty expressly prohibits treaty that the application of the treaty
reservations in general; in its entirety between all the parties is
b. Where the treaty expressly prohibits that an essential condition of the consent of
specific reservation being made; or each one to be bound by the treaty;
c. Where the reservation is incompatible with i. Then a reservation requires
the object and purpose of the treaty [Art. acceptance by all the parties.
19, VCLT; Reservation to the Genocide b. When a treaty is a constituent
Conventions Advisory Opinion, ICJ instrument of an international
(1951)]. organization.
ii. Then a reservation requires the
To be considered binding on the other acceptance of the competent organ
contracting State to the treaty, that State must of that organization.
accept the reservation. A reservation is
presumed to be accepted. A reservation is Exception: When the treaty provides
deemed unaccepted when another contracting otherwise.
state objects.
Acceptance of a Reservation
Interpretative Declaration Acceptance by another contracting State of a
Only specifies and clarifies the meaning or reservation constitutes the reserving State a
scope of a treaty of certain of its provisions. party to the treaty in relation to that other State
The character of a unilateral statement as a if or when the treaty is in force for those States.
reservation or an interpretative declaration is
determined by the legal effect that its author Objection to a Reservation
purports to produce. The statement should be General Rule: An objection to a reservation
interpreted in good faith in accordance with the does not preclude entry into force of the treaty
ordinary meaning to be given to its terms. between the objecting and reserving States.
1. General Principles on Reservations Exception: Unless a contrary intention is

definitely expressed by the objecting State.
Generally, reservations are allowed when
the State is signing, ratifying, accepting, An act expressing a State’s consent to be
approving or acceding to a treaty, unless bound by the treaty and containing a
they are: reservation is effective as soon as at least
a. Prohibited by the treaty; one other contracting State has accepted
b. Only specified reservations are allowed the reservation.
by the treaty; or
c. The reservation is incompatible with For the purposes of paragraphs 2
the object and purpose of the treaty (reservation expressly authorized by
[Art. 19, VCLT]. treaty) and 4 (reservation in a treaty
constituent of an international
A reservation expressly authorized by a organization), a reservation is considered
treaty does not require any subsequent to have been accepted by a State, on the
acceptance by the other contracting following date, whichever is later:
States. a. By the end of a period of twelve months
after it was notified of the reservation, if
Exception: When the treaty provides it shall have raised no objection to the
otherwise. reservation; or
b. By the date on which it expressed its
When do reservations require the consent to be bound by the treaty [Art.
consent of a party? 20, VCLT].
Page 349 of 384
Exception: The treaty provides otherwise. i. The parties intended to admit the
possibility of denunciation or
b. Withdrawal and Termination withdrawal; or
ii. A right of denunciation or withdrawal
1. Invalid Treaties may be implied from the nature of the
treaty [Art. 56, VCLT].
Invalidity of a treaty may be invoked: c. Conclusion of a subsequent inconsistent
a. If consent was given in violation of treaty [Art. 59, VCLT];
provisions of internal law regarding d. Material breach or Termination or
competence to conclude treaties, provided Suspension of a Treaty as a Consequence
that: of its Breach [Art. 60, VCLT]. This is either:
i. The violation is manifest; and i. A repudiation of the treaty not
ii. It concerned a rule of fundamental sanctioned by the present Convention;
importance [Art. 46, VCLT]. or
b. If the representative consented in violation ii. The violation of a provision essential to
of specific restrictions on authority, the accomplishment of the object or
provided the restriction was notified to the purpose of the treaty [Art. 60 (3),
other negotiating states prior to the VCLT].
representative expressing such consent e. Supervening Impossibility of Performance
[Art. 47, VCLT]; [Art. 61, VCLT].
c. Error of fact or situation, provided that:
i. Such formed an essential basis of a General Rule: The impossibility results from
state’s consent to be bound; the permanent disappearance or destruction of
ii. The State did not contribute by its own an object indispensable for the execution of the
conduct to the error; and treaty. If the impossibility is temporary, it may
iii. The circumstances were not such as to be invoked only as a ground for suspending the
put that State on notice of a possible operation of the treaty.
error [Art. 48, VCLT].
d. If consent was obtained through fraudulent Exception: If the impossibility is the result of a
conduct of another negotiating state [Art. breach by that party either of an obligation
49, VCLT]; under the treaty or of any other international
e. If the representative of a state was obligation owed to any other party to the treaty.
corrupted to consent by another
negotiating state [Art. 50, VCLT]; f. Severance of Consular or Diplomatic
f. If the representative of a State was coerced Relations if the relations were
through acts or threats directed against him indispensable for the application of the
[Art. 51, VCLT]; treaty [Art. 63, VCLT]
g. If the conclusion of a treaty is procured by g. Emergence of a new peremptory norm of
threat or use of force [Art. 52, VCLT]; general international law (Jus Cogens) [Art.
h. If it violates a jus cogens norm at the time 64, VCLT].
of its conclusion [Art. 53, VCLT].
Rebus Sic Stantibus
2. Other Grounds for Termination of Fundamental Change of Circumstances [Art.
Treaty 62, VCLT], otherwise known as rebus sic
stantibus.
a. Termination of the treaty or withdrawal of a
party in accordance with the provisions of The doctrine of rebus sic stantibus is a principle
the treaty or by consent of all the parties in customary international law providing that
[Art. 54, VCLT]; where there has been a fundamental change of
b. Denunciation or desistance by a party in circumstances since an agreement was
accordance with the provisions of the concluded, a party to that agreement may
treaty, or if the treaty does not so provide: withdraw from or terminate it. Article 62 of the
Page 350 of 384

VCLT is considered as a codification of CIL ii. Party specially affected by the
[Gabcikovo-Nagymaros Project, ICJ (1997)]. breach to invoke it as a ground for
suspending the operation of the
Requisites [Art. 62 (1), VCLT] treaty in whole or in part in the
a. The existence of those circumstances relations between itself and the
constituted an essential basis of the defaulting State;
consent of the parties to be bound by the iii. Any party other than the defaulting
treaty; State to invoke the breach as a
b. The effect of the change is radically to ground for suspending the
transform the extent of obligations still to be operation of the treaty in whole or
performed under the treaty; in part with respect to itself if the
c. The change of circumstances was not treaty is of such a character that a
foreseen. material breach of its provisions by
one party radically changes the
When Fundamental Change of position of every party with respect
Circumstances cannot be invoked (Art. 62 to the further performance of its
(2), VCLT) obligations under the treaty.
a. If the treaty establishes a boundary; or 5. Supervening impossibility of performance
b. If the fundamental change is the result of a [Art. 61, VCLT];
breach by the party invoking it either of an a. If the impossibility is temporary, it may
obligation under the treaty or of any other be invoked only as a ground for
international obligation owed to any other suspending the operation of the treaty.
party to the treaty. 6. Fundamental change of circumstance [Art.
62, VCLT];
3. Suspension of Treaties a. If a party may invoke a fundamental
change of circumstances as a ground
Grounds for Suspension: for terminating or withdrawing from a
1. Conformity with provisions of treaty [Art. treaty it may also invoke the change as
57, VCLT]; a ground for suspending the operation
2. At any time by consent of all parties [Art. of the treaty.
57, VCLT;] 7. In a multilateral treaty, by agreement of two
3. Conclusion of a later treaty [Art. 58, VCLT]; or more parties;
a. If it appears from the later treaty or it a. But only between themselves alone;
was otherwise established that b. Temporary;
suspension of the earlier treaty was c. Requires that:
intended. i. The treaty provides possibility for
4. Material breach [Art. 60, VCLT]; suspension; or
a. Material breach by one of the parties ii. The treaty does not prohibit
entitles the other to invoke the breach suspension in question, and it does
as a ground for terminating the treaty or not affect enjoyment of other
suspending its operation in whole or in parties of their rights in the treaty
part [Art. 60(1), VCLT]; and is not incompatible with the
b. Effect of material breach on multilateral object and purpose of the treaty.
treaties [Art. 60(2), VCLT]:
i. Entitles other parties by unanimous B. Customary International Law
agreement to suspend the
operation of the treaty in whole or Definition
in part or to terminate it either: It is a general practice accepted as law [Art.
1) In the relations between 38(1)(b), ICJ Statute].
themselves and the defaulting
State; or 1. Elements
2) As between all the parties; a. State Practice
Page 351 of 384
1. Duration and consistency of practice Binding Effect of CIL
2. Generality of practice General Rule: Customary International Law is
b. Opinio Juris. binding on all states.
Before a norm may become customary Exceptions:

international law binding on all States, there Persistent Objector – When a State has
must be state practice and opinio juris sive continuously objected to a new customary
necessitatis [North Sea Continental Shelf norm at the time when it is yet in the process of
Cases, ICJ (1969)]. formation, by such persistent objection, the
norm will not be applicable as against that
State Practice State [Magallona and Asylum Case, ICJ
The practice must be consistent and general. (1950)].
Consistency requires substantial uniformity
and not necessarily complete uniformity in Subsequent Objector – The method of
practice [Asylum Case, ICJ (1950)]. Generality straight lines, established in the Norwegian
does not require complete consistency system (argued by UK to be contrary to
[Brownlie]. international but which Norway persistently
objected to); that even before the dispute
This means that the practice is virtually uniform arose, this method had been consolidated by a
and extensive and established, widespread, constant and sufficiently long practice, in the
consistent and representative (good number of face of which the attitude of governments bears
states) [Thirlway]. witness to the fact that they did not consider it
to be contrary to international law [Fisheries
State practice means that it pertains to the Case, ICJ, (1951)].
actions of a State only, not of individuals.
Note: A Subsequent Objector may be held
The Following Acts May Evidence State liable for a violation of international law [Art. 2,
Practice [Harris] ARSIWA].
1. Diplomatic correspondence;
2. Policy statements; Regional / Bilateral Custom – The ICJ has
3. Press releases; recognized the possibility of a regional
4. Opinions of official legal advisers; custom in the Asylum Case [ICJ, 1950] and of
5. Official manuals on legal decisions a bilateral custom in the Right of Passage
(executive decisions and practices, and over Indian Territory Case [ICJ, 1960].
government comments on drafts by the
ILC); Duality of Norms
6. International and national judicial It is possible for a norm of international law to
decisions; exist both as a customary norm and a
7. Recitals in treaties and international conventional norm (e.g., prohibition against the
instruments; use of force). Such norms are said to be of dual
8. Practice of international organs. character.
Opinio Juris Norms of dual character come into being when:

This refers to the belief on the part of states that a. A treaty provision simply restates a
a particular practice is required by law, and not customary norm;
because of courtesy or political expediency b. A treaty provision constitutes evidence of
(i.e., the State acts in such a manner because custom; or
it believes it is obligated to do so) [North Sea c. A treaty provision crystallizes into a
Continental Shelf Cases, ICJ (1969)]. customary norm.
For a treaty provision to crystallize into custom,

the provision must be norm-creating or
Page 352 of 384

lawmaking, creating legal obligations which i. The principle that private property seized
are not dissolved by their fulfillment [North Sea and used by the enemy in times of war
Continental Shelf Cases, ICJ (1969)]. under circumstances not constituting valid
requisition does not become enemy
The customary norm retains a separate identity property and its private ownership is
even if its content is identical with that of a retained, the enemy having acquired only
treaty norm. Thus, a State that cannot hold its temporary use [Noceda v. Escobar,
another State responsible for a breach of a G.R. No. L-2939 (1950)];
treaty obligation can still hold the erring state j. The principle that a State has the right to
responsible for the breach of the identical protect itself and its revenues, a right not
customary norm [Nicaragua Case, ICJ (1986)]. limited to its own territory but extending to
the high seas [Illuh Asaali v. Commissioner
Philippine Practice of Customs, G.R. No. L-24170 (1968)].
The Supreme Court has identified the following
customary norms: 2. Obligations Erga Omnes
a. Rules and principles of land warfare and of Erga omnes obligations refer to the obligations
humanitarian law under the Hague of a State towards the international community
Convention and the Geneva Convention as a whole, which, by their very nature, are the
[Shigenori Kuroda v. Jalandoni, G.R. No. L- concern of all States [Barcelona Traction
2662 (1949)]; (Belgium v. Spain), ICJ Report (1970)].
b. Pacta sunt servanda [La Chemise Lacoste,
S.A. v. Fernandez, G.R. No. 63796-97 C. General Principles of Law
(1984)];
c. Human rights as defined under the
Definition
Universal Declaration of Human Rights
These refer to those general principles in
[Reyes v. Bagatsing, G.R. No. L-65366
municipal law (particularly those of private law)
(1983)];
that may be appropriated to apply to the
d. The principle of restrictive sovereign
relations of states [Oppenheim].
immunity [Sanders v. Veridiano II, G.R. No.
L-46930 (1988)];
Function of GPL
e. The principle in diplomatic law that the
To avoid a non liquet, i.e., when a court does
receiving state has the special duty to
not have a treaty or customary norm to decide
protect the premises of the diplomatic
on.
mission of the sending state [Reyes v.
Bagatsing, supra];
Examples of General Principles of Law
f. The right of a citizen to return to his own
1. Estoppel [Temple of Preah Vihear Case,
country [Marcos v. Manglapus, G.R. No.
(1962)];
88211 (1989)];
2. Res Judicata;
g. The principle that “a foreign army allowed
3. Res Inter Alios Acta;
to march through friendly country or to be
4. Prescription;
stationed in it, by permission of its
5. Duty to Make Reparations [Chorzow
government or sovereign, is exempt from
Factory Case, PCIJ (1927)];
criminal jurisdiction of the place” [Raquiza
6. Abuse of Rights;
v. Bradford, G.R. No. L-44 (1945)];
7. Good Faith;
h. The principle that judicial acts, not of a
8. Principle of Reciprocity;
political complexion of a de facto
9. Circumstantial Evidence.
government established by the military
occupant in an enemy territory, are valid
Circumstantial evidence is admitted as indirect
under international law [Montebon
evidence in all systems of law and its use is
v.Director of Prisons, G.R. No. L-1352
recognized by international decisions. Such
(1947)];
circumstantial evidence, however, must consist
of a series of facts or events that lead to a
Page 353 of 384
single conclusion [Corfu Channel Case, ICJ 4. Harmonization
(1949)]. International law forms part of municipal law,
but in the rare instance of conflict between the
two systems the municipal judge is bound by
D. Application of International his jurisdictional rules. International law and
Law by Domestic Courts municipal law have the same juridical
substratum for their legal value, not destroyed
1. Monism by virtue of the formal delimitation of domains
International and municipal legal systems are of application. There is a demarcation of the
fundamentally part of one legal order. This view domains of international and municipal law, but
considers international law to be superior, with there is no inherent compatibility, and both
municipal law being a mere subset of must be given effect.
international law. International norms are thus
applicable within municipal systems even
without some positive act of the state.
II. INTERNATIONAL
LEGAL PERSON
2. Dualism
International law and municipal law are A. States
separate systems. Only those issues affecting
international relations are within the scope of A State exists when it complies with the four (4)
international law. requisites listed in the Montevideo Convention,
which is considered as CIL for defining the
Before an international norm can have an requisites of statehood.
effect within a municipal legal system, that
norm must be transformed, or adopted into the 1. Elements
municipal system through a positive act by a
state organ. However, customary international
law and general principles of international law Montevideo Convention, Article 1. The state as a
person of international law should possess the
need not be transformed or adopted.
following qualifications:
a. A permanent population;
Monism vs. Dualism b. A defined territory;
Monism sees all laws, international and c. Government; and
municipal, as part of one and the same system. d. Capacity to enter into relations with the other
If there is conflict between the two, States.
international law prevails.
a. Permanent Population
Dualism sees international law and municipal
law as separate and independent of each It refers to a permanent population and
other. Neither international law nor municipal intended to be used in association with that of
law can alter or repeal each other and for territory, and connotes a stable community.
international law to be binding within a State, it
must be transformed or incorporated into b. Defined Territory
municipal law.
State territory is that defined portion of the
3. Inverted Monism surface of the globe, which is subjected to the
Municipal law has primacy over international sovereignty of the State [Oppenheim]. A State
law in both international and municipal must exercise control over a certain area. It
decisions, because the State is superior to and need not be exactly defined by metes and
antecedent to the international community, and bounds, so long as there exists a reasonable
remains the only law-making entity. certainty of identifying it. No minimum land
area is required.
Page 354 of 384

1. Modes of Acquiring Territory v. Conquest
Act of defeating an opponent and occupying all
i. Occupation or part of its territory [Shaw].
Occupation refers not to mere discovery, but to
effective exercise of sovereignty over a territory Illegal under current international law [See Art.
that is terra nullius (i.e., not subject to the 2(4) of the UN Charter prohibiting threats or
sovereignty of any other state). use of force against the territorial integrity or
political independence of any state].
Effective occupation means continued display ● Does not, by itself, transfer title to land.
of authority. It involves: There must be a formal annexation and
● The intention and will to act as sovereign or further actions of international nature (e.g.,
animus occupandi; and treaty of cession) [Shaw].
● Some actual exercise or display of such
authority [Eastern Greenland Case, PCIJ c. Government
(1933)].
Denotes a “stable political community
ii. Prescription supporting a legal order to the exclusion of
Title is acquired by continuous and undisturbed another in a given area.”
exercise of sovereignty over a period of time.
The existence of effective government, with
In contrast [to occupation], prescription is the centralized administrative and legislative
acquisition of territory that is not terra organs, is the best evidence of a stable political
nullius, obtained by means that may initially community. It is a centralized structure capable
have been of doubtful legality but is of exercising effective control over a human
uninterrupted and uncontested for a long time. community living in a given territory.
Timely protests by the ‘former’ sovereign will
usually bar the claim [Aust]. State practice suggests that the requirement of
a “stable political organization” in control of the
Conditions under which title to territory may be territory does not apply during a civil war or
acquired by prescription: where there is a collapse of law and order in a
● Possession must be à titre de souverain; state that already exists.
● Possession must be peaceful,
uninterrupted and public; Under the rules on succession of States, even
● Possession must be endured for a certain changes of entire governments do not affect
length of time [Botswana/Namibia the identity and personality of the state. Once
Judgment, ICJ (1999)]. statehood is established, neither invasion nor
disorder alone can remove its character as a
iii. Accession or Accretion state [Brownlie].
Accession or accretion is the natural process of
land formation resulting in the increase of 1. Types of Government
territory.
i. DE JURE
iv. Cession Government from law, one with a color of
Cession means the transfer of territory from legitimacy.
one state to another by treaty (derivative). It is
the only bilateral mode of acquiring territorial ii. DE FACTO
sovereignty. One that governs without a mandate of law. So
long as it is in place, it may command
The notion of cession contemplates a transfer obedience from the inhabitants of the occupied
of sovereignty by one sovereign power to area. The de facto ruler may suspend laws and
another [Christian v. The Queen, UKPC enact new ones.
(2006)].
Page 355 of 384

● De Facto Proper/Government by independence, to provide for its conservation and
Revolution: That which usurps, either by prosperity, and consequently to organize itself as it
force or the will of the majority, the legal sees fit, to legislate upon its interests, administer its
government and maintains control against services, and to define the jurisdiction and
it; competence of its courts. The exercise of these
rights has no other limitation than the exercise of the
● Government by Paramount Force/by
rights of other states according to international law.
Occupation: Results from the occupation
of a state or a part thereof by invading
forces in time of war; and b. Failed States
● Government by Secession: Government
established as an independent government States whose government has collapsed
by inhabitants of a country who rise in [Shaw]. Though retaining legal capacity, they
insurrection against the parent state [See have, for all practical purposes, lost the ability
Co Kim Cham v. Valdez Tan Keh, G.R. No. to exercise it.
L-5 (1945)].
c. Secession
d. Capacity to Enter into Relations
Secession is the effort of a group or section of
A State must be free from outside control in a state to withdraw itself from the political and
conducting foreign and internal affairs, i.e., constitutional authority of that state, with a view
sovereign and independent. to achieving statehood for a new territorial unit
on the international plane [In Re Secession of
The State is the sole executive and legislative Quebec, Can. (1998)].
authority. It must be independent of other state
legal orders, and any interference by such legal Grounds for Secession:
orders, or by an international agency, must be a. Colonization;
based on a title of international law. b. Alien subjugation, domination, or
exploitation outside the colonial context;
Independence is the decisive criterion of c. Remedial Secession: When a people is
statehood. This concept of independence is blocked from the meaningful exercise of its
represented by the requirement of capacity to right to self-determination internally, it is
enter into relations with other States. entitled, as a last resort, to exercise it by
secession [In re Secession of Quebec,
2. Recognition of States and Can. (1998)].
Governments
The Principle of Continuity and
a. Recognition Obligations Contracted by De Facto
Governments
Recognition is an act by which a state The State is bound by engagements entered
acknowledges the existence of another state, into by governments that have ceased to exist.
government or belligerent community and Hence, the restored government is generally
indicates willingness to deal with the entity as liable for the acts of the usurper.
such under international law.
A general government de facto having
As a public act of state, recognition is an completely taken the place of the regularly
optional and political act. There is no legal duty constituted authorities in the state binds the
in this regard. nation. So far as its international obligations
are concerned, it represents the state. It
Montevideo Convention, Article 3: The political
succeeds to the debts of the regular
existence of the state is independent of recognition government it has displaced and transmits its
by the other states. Even before recognition the own obligations to succeeding titular
state has the right to defend its integrity and governments. Its loans and contracts bind the
Page 356 of 384
state and the state is responsible for the Exception: United Nations which has an
governmental acts of the de facto authorities. objective international personality. The UN’s
In general its treaties are valid obligations of personality is binding on the whole
the state. It may alienate the national territory international community, including States who
and the judgments of its courts are admitted to are not UN members [Reparations for Injuries
be effective after its authority has ceased Advisory Opinion, ICJ (1949)].
[Tinoco Arbitration, 1 U.N. Rep. Int’l Arb.
Awards 369, (1923)]. D. Status of Individuals and
Corporations
B. Non-State Entities
General Rule: Individuals, whether natural or
Persons or things in respect of which rights are juridical, do not have international legal
held and obligations are assumed by the personalities.
subject. They are not directly governed by the
rules of international law. Their rights (e.g., Exception: Individuals may assume the status
human rights of individuals) may be asserted of subjects of international law only on the
and their responsibilities imposed indirectly, basis of agreement by States and in specific
through the instrumentality of an intermediate contexts, not in accordance with general or
agency (e.g., State). CIL.
This distinction between objects and subjects Examples of Instances Where Natural
of International Law has been criticized as Juridical Persons Are Granted Personality:
unhelpful, as non-state actors already have ● Art. 187(c)-(e) of the UNCLOS provides for
standing to bring suits in the fields of jurisdiction of the Sea-Bed Disputes
international criminal law and international Chamber of the ITLOS over disputes
human rights law. between parties to contracts relating to the
exploitation of marine resources. Parties to
The United Nations has an objective such contracts may be natural or juridical
international personality [Reparations for persons.
Injuries Advisory Opinion, ICJ, (1949)]. ● The London Agreement of the International
Military Tribunal at Nuremberg, relating to
C. International Organizations crimes against peace, war crimes and
crimes against humanity, imposed duties
An organization established by a treaty or other and liabilities upon individuals as well as
instrument governed by international law and upon states.
possessing its own international legal ● Art. VI of the Convention on the Prevention
personality. International organizations may and Punishment of the Crime of Genocide
include as members, in addition to States, defined “parties charged with genocide” as
other entities [Draft Articles on the including individuals [Magallona].
Responsibility of International Organizations, ● The International Criminal Court has
Art. 2(a)]. jurisdiction over individuals who commit
genocide, crimes against humanity and
General Rule: International organizations war crimes, subject to conditions of the ICC
have special personalities. The status and Statute [Art. 25(1), ICC Statute, in relation
powers of an international organization is to Art. 5].
determined by agreement and not by general
or customary international law. They are
considered subjects of international law “if their
legal personality is established by their
constituent instrument.” Thus, legal personality
in this context is a relative concept [Magallona].
Page 357 of 384

III. JURISDICTION 3. Protective Principle
Jurisdiction means the power of a state under A State may exercise jurisdiction over an
international law to govern persons and offense committed outside its territory by its
property by its municipal law. This may be national or non-national, by reason of
criminal or civil, and may be exclusive or protecting its security or vital interests.
concurrent with other States [Harris].
4. Passive Personality Principle
Types of Jurisdiction:
a. Prescriptive Jurisdiction: This refers to A State may exercise jurisdiction over crimes
the power of a State to make its law committed without respect to the nationality of
applicable to the activities, relations, or the offender, on the ground that such crimes
status of persons, or the interests of are declared as international crimes by the
persons in things, whether by legislation, international community as a whole and thus
by executive act or order, by administrative are prohibited by international law [Magallona].
rule or regulation, or by determination by a
court. 3. Universality Principle
b. Adjudicative Jurisdiction: This refers to
the State’s jurisdiction to subject persons A State may exercise jurisdiction over crimes
or things to the process of its courts or committed without respect to the nationality of
administrative tribunals, whether in civil or the offender, on the ground that such crimes
in criminal proceedings, whether or not the are declared as international crimes by the
state is a party to the proceedings. international community as a whole and thus
c. Enforcement Jurisdiction: This refers to are prohibited by international law [Magallona].
the State’s jurisdiction to enforce or compel
compliance or to punish noncompliance Example: Jurisdiction is asserted with respect
with its laws or regulations, whether to acts considered committed against the
through the courts or by use of executive, whole world [e.g., piracy, see People v. Lol-lo
administrative, police, or other nonjudicial and Saraw, G.R. No. 17958 (1922)].
action.
Conflict of Jurisdiction
A. Basis of Jurisdiction This arises when two or more States can
exercise jurisdiction based on one or more
different principles of jurisdiction (ex:
1. Territoriality Principle Universality v. Territoriality).
Jurisdiction is determined by reference to the
place where the act occurred or was B. Title to Territory
committed. A State takes jurisdiction over See: Prescription
persons or events within its territory
[Magallona]. This usually refers to criminal C. Adjacent Maritime Seas
jurisdiction.
1. Territorial Sea
2. Nationality Principle
These waters stretch up to 12 miles from the
A State may exercise jurisdiction over an baseline in the seaward direction. They are
offender by virtue of his being its national, subject to the jurisdiction of the coastal state,
without regard as to where he was at the time which jurisdiction almost approximates that
the offense was committed and without respect which is exercised over land territory.
to the nature of the offense [Magallona].
The sovereignty of a coastal State extends,
beyond its land territory and internal waters
Page 358 of 384
and, in the case of an archipelagic State, its
archipelagic waters, to an adjacent belt of sea, This is subject to two limitations:
described as the territorial sea. This i. It must involve only acts that are
sovereignty extends to the air space over the required by navigation or by distress
territorial sea as well as to its bed and subsoil [Art. 18 (2), UNCLOS]; and
[Art. 2, UNCLOS]. ii. It must not prejudice the peace,
security, or good order of the coastal
Rights that are Available to all States in State [Art. 19, UNCLOS].
Territorial Sea b. Transit Passage
a. Innocent Passage Refers to the right to exercise freedom of
Refers to navigation through the territorial navigation and overflight solely for the
sea without entering internal waters, going purpose of continuous and expeditious
to internal waters, or coming from internal transit through the straights used for
waters and making for the high seas [Art. international navigation. The right cannot
18 (1), UNCLOS]. be unilaterally suspended by the coastal
State [Art. 38, UNCLOS].
Innocent Passage v. Transit Passage

Innocent Passage Transit Passage
Includes the right of overflight (i.e., pertains to

Pertains to navigation of ships only.
navigation of aircraft).
Requires submarines and other underwater

Submarines are allowed to navigate in “normal
vehicles to navigate on the surface and show
mode” (i.e., submerged).
their flag.
Can be suspended, but under the condition that

it does not discriminate among foreign ships,
and such suspension is essential for the
Cannot be suspended.
protection of its security, and suspension is
effective only after having been duly published
[Art. 25, UNCLOS].
In the designation of sea lanes and traffic

Designation of sea lanes and traffic separation
separation schemes, the coastal State shall
schemes is subject to adoption by Competent
only take into account the recommendations of
international organization upon the proposal
the competent international organization.
and agreement of states bordering the straits.
c. Rights that are Available to Coastal ii. Crime disturbs peace & good
State order;
1. To prevent passage which is not iii. Assistance has been requested;
innocent; iv. Measures to suppress drug
2. To suspend innocent passage trafficking [Art. 27, UNCLOS].
temporarily [Art. 25, UNCLOS];
3. To apply laws and regulations relating d. Territorial Sea Entitlements
to innocent passage [Art. 21, 1. Islands generate territorial sea, EEZ,
UNCLOS]; and continental shelf [Art. 121 (2),
4. To enforce criminal law if: UNCLOS];
i. Consequences of the crime
extends to the coastal State;
Page 359 of 384
2. Rocks have a territorial sea but no EEZ b. Rights of the Coastal State in the
or continental shelf [Art. 121 (3), EEZ
UNCLOS];
3. Low-tide elevations have no territorial a. Sovereign rights for exploring and
sea if outside the territorial sea; exploiting, conserving and managing the
i. A low-tide elevation is a naturally natural resources of the waters superjacent
formed area of land which is to the seabed and of the seabed and its
surrounded by and above water at subsoil;
low tide but submerged at high tide b. Establish and use of artificial islands,
[Art. 13, UNCLOS]. installations and structures;
4. Artificial islands do not possess the c. Conduct marine scientific research;
status of islands and do not generate d. Preserve and protect its marine
maritime zones [Art. 60 (8), UNCLOS]. environment [Art. 56, UNCLOS];
e. Authorize and regulate the construction,
2. Contiguous Zone operation and use of artificial islands and
installations and structures [Art. 60,
The contiguous zone is that which is UNCLOS];
contiguous to its territorial sea. It may not f. Determine the allowable catch of living
extend beyond 24 nautical miles from the resources [Art. 61, UNCLOS];
baselines from which the breadth of the g. Give other states access to surplus of the
territorial sea is measured. allowable catch [Art. 62, UNCLOS];
h. Board and inspect a ship;
The powers of the Coastal State over the i. Arrest a ship and its crew;
Contiguous Zone include: j. Institute judicial proceedings against them.
1. Control to prevent infringement of its In arrest or detention of foreign vessels, the
customs, fiscal, immigration or sanitary coastal State has the duty to promptly
laws and regulations within its territory or notify the flag state of the action taken [Art.
territorial sea; and 73, UNCLOS].
2. Control to punish infringement of the above
laws and regulations committed within its c. Rights of the Non-Coastal State
territory or territorial sea [Art. 33,
UNCLOS]. Under Art. 58, UNCLOS, all States enjoy the
freedom of navigation, over flight, and laying of
3. Exclusive Economic Zone submarine cables and pipelines in the EEZ of
coastal states.
The exclusive economic zone (EEZ) is the
stretch of area up to 200 miles from the Coastal States have the primary responsibility
baselines. Within this zone, a State may to utilize, manage and conserve the living
regulate non-living and living resources, other resources within their EEZ (i.e., ensuring that
economic resources, artificial installations, living resources are not endangered by
scientific research, and pollution control. overexploitation), and the duty to promote
optimum utilization of living resources by
a. The Extent of the State’s Rights in determining allowable catch.
the EEZ
There is a duty to share catch if the maximum
The UNCLOS gives the coastal State allowable catch is determined to be above the
sovereign rights overall economic resources of capacity of the State to harvest.
the sea, seabed, and subsoil in an area
extending not more than 200 nautical miles The State shall give other States access to the
beyond the baseline from which the territorial surplus by means of arrangements allowable
sea is measured [Arts. 55 and 57, UNCLOS]. under the UNCLOS. The UNCLOS, however,
Page 360 of 384

does not specify the method for determining baseline of the territorial sea, or 100
“allowable catch.” nautical miles from the 2,500-meter isobath
(i.e., the point where the waters are 2,500
d. The Right of Geographically meters deep) [Art. 76 (1 and 2) in relation
Disadvantaged States or to Art. 76 (5 and 6), UNCLOS].
Landlocked States
d. Exclusive Rights of the Coastal
General Rule: These states have the right to State in the Continental Shelf
participate, on an equitable basis, in the
exploitation of the surplus of the living a. Sovereign rights with respect to the
resources in the EEZ of coastal states of the exploration and exploitation of its natural
same subregion or region. resources, including the mineral and other
non-living resources of the seabed and
Exception: A coastal state whose economy is subsoil together with living organisms
overwhelmingly dependent on the exploitation belonging to the sedentary species [Art. 77,
of its EEZ is not required to share its resources. UNCLOS].
b. The coastal state has the exclusive right to
4. Continental Shelf authorize and regulate oil-drilling on its
continental shelf [Art. 81, UNCLOS].
a. Extended Continental Shelf
Note: “Exclusive” means that if the coast does
It is the seabed and subsoil of the submarine not explore or exploit its resources, no other
areas extending beyond the territorial sea of state can without the State’s consent.
the coastal state throughout the natural
prolongation of its land territory up to: Exclusive
a. The outer edge of the continental margin; Continental Shelf
Economic Zone
or
b. A distance of 200 nautical miles from the Coastal state is No duty to manage
baselines of the territorial sea where the obliged to manage and conserve living
outer edge of the continental margin does and conserve living resources.
not extend up to that distance [Art. 76(1), resources in the
UNCLOS]. EEZ.
b. Continental Margin The extent of the The extent of the

right of the coastal right of the coastal
Submerged prolongation of the landmass of state to natural state to natural
the continental state, consisting of the resources (nonliving) resources (nonliving)
continental shelf proper, the continental slope, only extends to the covers both waters
and the continental rise [Art. 76(3), UNCLOS]. seabed and subsoil. super adjacent to the
seabed and those of
c. Continental Shelf the seabed and
subsoil.
a. The juridical or legal continental shelf
The extent of the The extent of the
covers the area until 200 nautical miles
right of the coastal right of the coastal
from baselines.
state to living state to living
b. The extended continental shelf covers the
resources only resources does not
area from the 200-mile mark to 350 nautical
extends to sedentary extend to sedentary
miles from the baselines depending on
species. species.
geomorphologic or geological data and
information.
c. The continental shelf shall not extend
beyond 350 nautical miles from the
Page 361 of 384
D. Jurisdiction Over Persons connection with any criminal investigation
directed against him in connection with any
and Economic Activity criminal investigation directed against him or
the execution of a penalty imposed on him
1. Criminal Jurisdiction under the penal or criminal law of the
requesting State or government [Section 2(a),
a. General Theory P.D. 1069].
Territoriality Principle: Jurisdiction is 2. The General Rule on Standard of

determined by reference to the place where the Treatment
act occurred or was committed. A State takes
jurisdiction over persons or events within its Flowing from its right to existence and as an
territory [Magallona]. This usually refers to attribute of sovereignty, no State is under any
criminal jurisdiction. obligation to admit aliens. The state can
determine in what cases and under what
Territorial sovereignty involves the exclusive conditions it may admit such. Once it admits
right to display the activities of a State. This aliens, under the international standard of
right has a corollary, a duty: the obligation to justice, which calls for compliance with the
protect within the territory the rights of other ordinary norms of official conduct observed in
States, in particular, their right to integrity and civilized jurisdictions, aliens should be
inviolability in peace and in war, together with protected by certain minimum standards of
the rights which each State may claim for its humane protection, however harsh the
nationals in foreign territory [Island of Las municipal laws of a state may be.
Palmas Arb., PCA (1928)].
3. Requisites For Extradition to Be
b. Extradition Exercised [Gov. of Hong Kong v.
Olalia, Jr., supra]
1. Definition
a. There must be an extradition treaty in
Extradition is the surrender by one nation to force between the HKSAR and the
another of an individual accused or convicted Philippines;
of an offense outside of its own territory, and b. The criminal charges that are pending
within the territorial jurisdiction of the other, in the HKSAR against the person to be
which, being competent to try and to punish extradited;
him, demands the surrender [Government of c. The crimes for which the person to be
Hongkong Special Administrative Region v. extradited is charged are extraditable
Muñoz, G.R. No. 207342 (2016)]. within the terms of the treaty;
d. The individual before the court is the
Extradition has thus been characterized as the same person charged in the HKSAR;
right of a foreign power, created by treaty, to e. The evidence submitted establishes
demand the surrender of one accused or probable cause to believe that the
convicted of a crime within its territorial person to be extradited committed the
jurisdiction, and the correlative duty of the other offenses charged; and
state to surrender him to the demanding State f. The offenses are criminal in both the
[Government of Hong Kong Special HKSAR and the Philippines (double
Administrative Region v. Olalia, Jr., G.R. No. criminality rule).
153675 (2007)].
It also refers to the removal of an accused from

the Philippines with the object of placing him at
the disposal of foreign authorities to enable the
requesting state or government to hold him in
Page 362 of 384

4. Fundamental Principles on b. The request is received by the State of
Extradition refuge.
c. A judicial investigation is conducted by the
The Duty to Extradite Must Be Based on a state of refuge to ascertain if the crime is
Treaty covered by the extradition treaty and if
It is not part of CIL, although the duty to there is a prima facie case against the
extradite exists only for some international fugitive according to its own laws.
crimes. Thus, a state must extradite only when d. If there is a prima facie case, a warrant of
obliged by treaty to do so [Government of surrender will be drawn and the fugitive will
Hongkong Special Administrative Region v. be delivered to the state of origin.
Muñoz, G.R. No. 207342 (2016)].
The evaluation process partakes the nature of
Principle of Specialty a criminal investigation, having consequences
A fugitive who is extradited may be tried only which will result in deprivation of liberty of the
for the crime specified in the request for prospective extraditee. A favorable action in an
extradition and included in the list of offenses extradition request exposes a person to
in the extradition treaty [US v. Rauscher, 119 eventual extradition to a foreign country, thus
US 407 (1886)]. exhibiting the penal aspect of the process.
Rule of Double Criminality The evaluation process itself is like a

The act for which extradition is sought must be preliminary investigation since both procedures
punishable in both the requesting and may have the same result: the arrest and
requested States [Government of Hongkong imprisonment of the respondent [Secretary of
Special Administrative Region v. Muñoz, Justice v. Lantion, supra].
supra].
Extradition Deportation
It Is a Sui Generis Proceeding
An extradition proceeding is sui generis. It is Effected at the
Unilateral Act of the
not a criminal proceeding which will call into request of another
State.
operation all the rights of an accused as State.
guaranteed by the Bill of Rights [Sec. of Justice
v. Lantion, G.R. No. 139465 (2000)]. Based on offenses Based on causes
committed in the arising in the local
Bail May Be Granted to the Extraditee on state of origin. state.
the Basis of Clear and Convincing
Evidence That He Is Not a Flight Risk An undesirable alien
Calls for the return may be deported to
The potential extraditee must prove by “clear
and convincing evidence” that he is not a flight of the fugitive to the a state other than
requesting state. his own or his state
risk and will abide by all the orders and
processes of the extradition court [Government of origin.
of Hong Kong Special Administrative Region v.
Olalia, Jr., supra]. The Obligation of Aut Dedere Aut
Judicare (to extradite or prosecute)
There Must Be Compliance with A conventional obligation of States found in
Procedural Due Process various treaties. A state subject to this
obligation is bound to extradite if it does not
Procedure prosecute, and to prosecute if it does not
a. A request for extradition is presented extradite.
through diplomatic channels to the state of
refuge with the necessary papers for
identification.
Page 363 of 384

The Effective Fulfillment of the Obligation Restrictive Theory
to Extradite or Prosecute Requires: The immunity of the sovereign is recognized
1. undertaking necessary national measures only with regard to public acts or acts (jure
to criminalize the relevant offenses; imperii) of state, but not regard to private acts
2. establishing jurisdiction over the offenses or acts (jure gestionis). The Philippines follows
and the person present in the territory of the restrictive theory.
the State;
3. investigating or undertaking primary 2. Suits Against the State
inquiry;
4. apprehending the suspect, and submitting A suit against the state will only prosper if the
the case to the prosecuting authorities state gives its express consent.
(which may or may not result in the When Is a Suit Considered a Suit Against
institution of proceedings); the State?
OR 1. If it produces adverse consequences to
Extraditing, if an extradition request is public treasury in terms of disbursement as
made by another State with the necessary well as loss of government property,
jurisdiction and capability to prosecute the regardless of the defense;
suspect [Final Report of the International 2. When the Republic is sued in its name;
Law Commission on the Obligation of Aut 3. When the suit is against an unincorporated
dedere aut judicare (2014)]. government agency; and
4. Even when the suit, on its face, is against
2. Civil Jurisdiction an officer but liability will belong to/fall on
the government.
The head of State represents the sovereignty
of the State and enjoys the right to special When Is a Suit Not Against the State?
protection for his physical safety and the 1. When it partakes of the nature of ordinary
preservation of his honor and reputation. business rather than functions of a
governmental or political character;
The head of State is immune from criminal and 2. When the purpose of the suit is to compel
civil jurisdiction, except when he himself is the an officer charged with the duty of making
plaintiff, and is not subject to tax or exchange payments pursuant to an appropriation
or currency restrictions. Based on the principle made by law in favor of the plaintiff to make
of extraterritoriality, his quarters, archives, such payment, since the suit is intended to
property, and means of transportation are compel performance of a ministerial duty
inviolate. [Begosa v. Philippine Veterans
Association, G.R. No. L-25916 (1970)];
3. Immunity From Jurisdiction 3. When it is clear that the respondent is a
public officer sued in a private capacity;
a. Sovereign Immunity 4. When the action is not in personam with the
government as the named defendant, but
1. Two Theories of Sovereign Immunity an action in rem that does not name the
[US v. Ruiz, G.R. No. L-35645 (1985)] government in particular.
Absolute Theory Official Capacity vs. Personal Capacity

A sovereign cannot, without its consent, be The doctrine of non-suability applies only in
made a respondent in the courts of another cases wherein the complaint is against officials
sovereign. of state for acts performed in discharge of
duties or his official capacity. When officials
This derives from the principle of sovereign abuse this authority gravely (like discriminatory
equality found in Article 2(1) of the UN Charter behavior), this is no longer an official state act
as well as generally accepted principles of and the official may now be sued in his
international law.
Page 364 of 384
personal capacity [Shauf v. CA, G.R. No 90314 Functional necessity theory
(1990)]. The privileges and immunities are necessary to
enable the diplomatic mission to perform its
Beyond Scope of Authority functions. This theory was adopted by the ILC
When officials, while discharging their official when it drafted the draft articles of the VCDR
functions, commit acts that are beyond their [Magallona].
scope of authority (i.e., police forces firing upon
civilians and killing them, mistakenly believing Personal Inviolability
they were Communists), they will be liable in General Rule: The person of a diplomatic
their personally capacity and thus will not be agent shall be inviolable. He shall not be liable
covered by state immunity [Republic v. to any form of arrest or detention [Art. 29,
Sandoval, G.R. No. 84607 (1993)]. VCDR].
Waiver of Immunity Exception: The diplomatic envoy may be

When the State expressly states their consent arrested temporarily in case of urgent danger,
to be sued through legislation (including such as when he commits an act of violence
treaties), it waives its immunity from suit. which makes it necessary to put him under
However, this waiver of immunity may be restraint for the purpose of preventing similar
limited to certain legal actions (i.e., under the acts [Diplomatic and Consular Staff in Tehran
VFA, there is a waiver of immunity by the US Case, ICJ (1980)].
under criminal jurisdiction but not to civil
actions) [Arigo v. Swift, G.R. No. 206510 The receiving State shall treat him with due
(2014)]. respect and shall take all appropriate steps to
prevent any attack on his person, freedom or
Consent To Be Sued dignity [Art. 29, VCDR].
Express Consent – effected only by the will of
the legislature through the medium of a duly Heads of State
enacted statute; may be embodied either in a The head of State represents the sovereignty
general law or a special law. of the State and enjoys the right to special
protection for his physical safety and the
General Law – Authorizes any person who preservation of his honor and reputation.
meets the conditions stated in the law to sue
the government in accordance with the The head of State is immune from criminal and
procedure in the law. civil jurisdiction, except when he himself is the
plaintiff, and is not subject to tax or exchange
b. Diplomatic and Consular Immunity or currency restrictions. Based on the principle
of extraterritoriality, his quarters, archives,
Theoretical Bases property, and means of transportation are
Diplomatic immunities and privileges have Inviolate.
been justified under the following theories:
Scope
Extraterritoriality theory 1. The private residence of a diplomatic agent
The premises of the diplomatic mission shall enjoy the same inviolability and
represent a sort of extension of the territory of protection as the premises of the mission;
the sending State. 2. His papers, correspondence and, except
as provided in paragraph 3 of Article 31;
Representational theory 3. His property shall likewise enjoy
The diplomatic mission personifies the sending inviolability [Art. 30, VCDR];
State. 4. Personal baggage is exempt from
inspection, except:
a. If there are serious grounds for
presuming that it contains articles
Page 365 of 384

which are neither for the official use of receiving state to take up his post or, if already
the mission or for the personal use of a in its territory, from the moment when his
diplomatic agent or members of his appointment is notified to the Ministry of
family forming part of his household; or Foreign Affairs.
b. If the import or export of the articles is
prohibited by the law or controlled by They come to an end when he:
the quarantine regulations of the a. Exits the country; or
receiving State. e. Upon expiration of a reasonable period in
which to leave the country [Art. 39, VCDR].
Such inspection shall be conducted only in the
presence of the diplomatic agent or of his Waiver of Immunity from Jurisdiction
authorized representative [Art. 36, VCDR]. In proceedings, whether criminal, civil or
administrative, the waiver must be:
Immunity from Local Jurisdiction b. Made by the sending State itself; and
c. Express [Art. 32, VCDR].
Persons Entitled
a. Diplomatic agent and family State practice indicates that the authority to
Diplomatic agent and the members of the exercise the waiver rests with the sovereign
family of the diplomatic agent forming part of organs, and not the diplomatic agent or official
his household who are not nationals of the himself [Magallona].
receiving state [Art. 31, VCDR];
A diplomatic agent is not obliged to give
b. Administrative and technical staff evidence as a witness [Art. 31, VCDR].
a. As to criminal jurisdiction, members of
the administrative and technical staff of 4. Areas Not Subject to Jurisdiction of
the diplomatic mission, as well as Individual States
members of their families forming part
of their respective households, who are a. High Seas
not nationals of or permanent residents The freedom to use the world’s marine waters
in the receiving State; is one of the oldest customary principles of
b. As to civil and administrative international law. The UNCLOS gives to the
jurisdiction, immunity shall not extend coastal State sovereign rights in varying
to acts performed outside the course of degrees over the different zones of the sea
their duties [Art. 37, VCDR]; which are: 1) internal waters; 2) territorial sea;
3) contiguous zone; 4) exclusive economic
c. Service staff zone; and 5) the high seas [Arigo v. Swift, G.R.
Members of the service staff of the diplomatic No. 206510 (2014)].
mission, who are not nationals of or permanent
residents in the receiving state, with respect to Ships sailing the high seas are generally under
acts performed in the course of their duties [Art. the jurisdiction of the flag state (if there is one);
37, VCDR]; however, when a ship is involved in certain
criminal acts, such as piracy, any nation can
d. Private servants exercise jurisdiction under the doctrine of
Private servants of members of the mission universal jurisdiction.
shall, if they are not nationals of or permanently
resident in the receiving State enjoys only b. Deep Seabed
privileges and immunities to the extent
admitted by the receiving State.
Who Regulates the Deep Seabed Usage
The International Seabed Authority (ISA)
Duration of Immunities and Privileges
The ISA is the organization that organizes,
Immunities and privileges begin from the
carries out, and controls the activities of the
moment the person enters the territory of the
Page 366 of 384

Area on behalf of mankind as a whole. The ISA
is composed of:
IV. INTERNATIONAL
a. The Assembly: all state parties to the RESPONSIBILITY
UNCLOS;
b. The Council: the executive organ whose 36 Relevant Text: Articles on State Responsibility
members are elected by the Assembly; (ARSIWA)
c. The Enterprise: the organ directly engaged
in the exploration and exploitation of the Every internationally wrongful act of a state
resources of the Area, including the entails the international responsibility of that
transporting, processing and marketing of State [Art. 1, ARSIWA].
minerals.
A. Concept of Imputability of
c. Outer Space
Internationally Wrongful Act or
The Outer Space Treaty Omission
“Treaty on Principles Governing the Activities
of States in the Exploration and Use of Outer Attribution
Space, including the Moon and Other Celestial Attribution or imputability is a legal construct
Bodies.” whereby an internationally unlawful conduct of
a State organ acting in that capacity is
The treaty is the foundation of international regarded as the conduct of the State itself,
space law for signatory nations (108 in 2019). making that State responsible for it as an
The treaty presents principles for space internationally wrongful act.
exploration and operation:
1. Space activities are for the benefit of all It proceeds from the theory that as an abstract
nations, and any country is free to explore entity, the State can physically act only through
orbit and beyond. individuals or groups of individuals performing
2. There is no claim for sovereignty in space; "acts of the State" on its behalf [Differences
no nation can “own” space, the Moon or Relating to Immunity from Legal Processes of
any other body. a Special Rapporteur of the Commission of
3. Weapons of mass destruction are Human Rights, 38 International Legal Materials
forbidden in orbit and beyond, and the 873 (1999)].
Moon, the planets, and other celestial
bodies can only be used for peaceful Elements of an Internationally Wrongful
purposes. Act:
4. Any astronaut from any nation is an “envoy An action or omission is an intentionally
of mankind,” and signatory states must wrongful act when it:
provide all possible help to astronauts a. Is attributable to the State under
when needed, including emergency international law; and
landing in a foreign country or at sea. b. Constitutes a breach of an international
5. Signatory states are each responsible for obligation of a State [Art. 2, ARSIWA].
their space activities, including private
commercial endeavors, and must provide The characterization of an act of a state as
authorization and continuing supervision. internationally wrongful is governed by
6. Nations are responsible for damage international law. Such characterization is not
caused by their space objects and must affected by the characterization of the same act
avoid contaminating space and celestial as lawful by internal law [Art. 3, ARSIWA].
bodies.
Theory of Objective or Strict Liability
With respect to state responsibility, the theory
provides that fault is unnecessary for State
responsibility to be incurred.
Page 367 of 384

1. Conduct of Organs of a State Such is considered an act of the State if the
[Article 4, ARSIWA] organ, person or entity acts in that capacity,
even if it exceeds its authority or contravenes
The conduct of any State organ shall be instructions.
considered an act of that State whether the
organ exercises legislative, executive, judicial 5. Conduct Directed or Controlled by a
or any other functions, whatever position it State [Article 8, ARSIWA]
holds in the organization of the State.
If the person or group of persons is in fact
An organ includes any person or entity which acting on the instructions of, or under the
has that status in accordance with the internal direction or control of, that State in carrying out
law of the State. the conduct.
2. Conduct of Persons or Entities a. Effective Control

Exercising Elements of Governmental Under the law on state responsibility, a State is
Authority [Article 5, ARSIWA] responsible only for the acts of its organs and
over non-state actors over which it exercised
The conduct of a person or entity (which is not effective control [Nicaragua case, IICJ, (1986)].
a State organ) empowered by the law of that
State to exercise elements of governmental For there to be effective control, it should have
authority shall be considered an act of the given instructions or provided the direction
State, provided the person or entity is acting in pursuant to which the perpetrators of the
that capacity. wrongful act acted. The agents or private
persons should have been told what to do on
all stages of the act.
3. Conduct of Organs Placed at the
Disposal of a State by Another State Requires a high degree of dependence.
[Article 6, ARSIWA]
b. Overall Control
If the organ is acting in the exercise of elements In the Application of the Convention on the
of the governmental authority of the State at Prevention and Punishment of the Crime of
whose disposal it is placed. Genocide Case (ICJ, 2007), the ICJ ruled that
the “over-all control test” was only relevant in
4. Excess of Authority or so far as the question of characterization of the
Contravention of Instructions [Article Yugoslav conflict as an international armed
7, ARSIWA] conflict, or whether or not the conflict has been
internationalized; it is not relevant to the task of
These are unauthorized or ultra vires acts by a determining whether a state is responsible for
State organ, person, or entity empowered to the acts of certain non-state organs involved in
exercise government authority. that same international armed conflict.
Effective Control v. Overall Control

Effective Control Overall Control
Control must have been exercised in respect to

each individual act or omission which Control must have gone “beyond the mere
constitutes the breach. financing and equipping of such forces” and
The private persons or groups must have been must have “participation in the planning and
mere agents of the state who were told what supervision of military operations.”
had to be done at all stages.
Page 368 of 384

Effective Control Overall Control
This provides a higher threshold for attribution. This presents a lower threshold for attribution.
A general situation of dependence and support There need not be a showing of actual or direct
would thus be insufficient to justify attribution. control.
This refers to the matter of individual criminal

responsibility and the application of the rules of
This refers to the matter of state responsibility.
international humanitarian law [e.g. Prosecutor
v. Tadic, ICTY Appeals Chamber (1995)].
6. Conduct Carried Out in the Absence 9. Responsibility of a State in

or Default of the Official Authorities Connection with the Acts of Another
[Article 9, ARSIWA] State
If the person or group of persons exercise A State would be internationally responsible for
elements of the governmental authority in the the following actions:
absence or default of the official authorities and 1. Aiding or assisting another State in the
in circumstances such as to call for the commission of an internationally wrongful
exercise of those elements of authority. act if: [Art.16, ARSIWA]
a. That State does so with knowledge of
7. Conduct of an Insurrectional or the circumstances of the internationally
Other Movement [Art. 10, ARSIWA] wrongful act; and
b. The act would be internationally
The conduct of an insurrectional movement wrongful if committed by that State.
which becomes the new Government of a State 2. Directing and controlling another State in
shall be considered an act of that State. the commission of an internationally
wrongful act if: [Art. 17, ARSIWA]
The conduct of a movement, insurrectional or a. That State does so with knowledge of
other, which succeeds in establishing a new the circumstances of the internationally
State in part of the territory of a pre-existing wrongful act; and
State or in a territory under its administration b. The act would be internationally
shall be considered an act of the new State. wrongful if committed by that State.
3. Coercing another State if: [Art. 18,
This is without prejudice to the attribution to a ARSIWA]
State of any conduct, however related to that of a. The act would, but for the coercion, be
the movement concerned, which is to be an internationally wrongful act of the
considered an act of that State by virtue of coerced State; and
articles 4 to 9. b. The coercing State does so with
knowledge of the circumstances of the
8. Conduct Acknowledged and act.
Adopted by a State as its Own [Art. 11,
10. Circumstances Precluding
ARSIWA]
Wrongfulness (Defenses)
Conduct not attributable under the preceding
Although a State which fails to act in conformity
articles shall nevertheless be considered an
with an international obligation will typically be
act of that State if and to the extent that the
subject to international responsibility for the
State acknowledges and adopts the conduct in
wrongful act, the State may be excused from
question as its own.
performance of an international obligation if
Page 369 of 384
circumstances precluding wrongfulness are 2. Limitations of Countermeasures: [Art.
present. 49, ARSIWA]
a. Countermeasures only undertaken to
a. Consent [Art. 20, ARSIWA] against the Responsible State to
Valid consent by a State to the commission of induce it to comply with the legal
a given act by another State precludes the consequences of its internationally
wrongfulness of that act in relation to the former wrongful act;
State to the extent that the act remains within b. Countermeasures shall, as far as
the limits of that consent. possible, be taken in way as to permit
resumption of performance of
b. Self-Defense [Art. 21, ARSIWA] obligations in question;
If the act constitutes a lawful measure of self- c. Countermeasures must be
defense taken in conformity with the UN proportional, commensurate to the
Charter. injury suffered. taking into account the
gravity of the internationally wrongful
Requisites of Collective Self-Defense: act and the rights in question [Art. 51,
a. State must have been the victim of an ASR].
armed attack;
b. The State being attacked is of the belief d. Force Majeure [Art. 23, ARSIWA]
and so declares that it was a victim of an General Rule: If the act is due to force
armed attack; majeure, that is the occurrence of an irresistible
c. The victim State must request for force or of an unforeseen event, beyond the
assistance [Nicaragua v. US, ICJ (1986)]. control of the State, making it materially
impossible in the circumstances to perform the
c. Countermeasures [Article 22, obligation.
ARSIWA]
If and to the extent that the act constitutes a Exceptions: The above rule does not apply if:
countermeasure taken against the latter State a. The situation of force majeure is due, either
in accordance with the ASR. alone or in combination with other factors,
to the conduct of the State invoking it; or
1. Conditions for Countermeasures [Art. b. The State has assumed the risk of that
52, ARSIWA] situation occurring.
a. Prior to taking countermeasures, the
injured State must: e. Distress [Art. 24, ARSIWA]
1. Call upon the responsible State to General Rule: If the author of the act in
fulfill its obligation to cease and question has no other reasonable way, in a
make reparations; situation of distress, of saving the author’s life
2. Notify the responsible State of any or the lives of other persons entrusted to the
decision to take countermeasures author’s care.
and offer to negotiate with that
State. Exceptions:
i. Exception: Notwithstanding the a. The situation of distress is due, either alone
obligation to notify, the injured or in combination with other factors, to the
State may take such urgent conduct of the State invoking it; or
countermeasures as are b. The act in question is likely to create a
necessary to preserve its comparable or greater peril.
rights.
b. Countermeasures may not be taken or f. Necessity [Art. 25, ARSIWA]
must be suspended without undue Elements
delay if: a. It is the only way for the State to safeguard
1. Internationally wrongful act has an essential interest against a grave and
ceased. imminent peril; and
Page 370 of 384
b. It does not seriously impair an essential B. Reparation
interest of the State or States towards
which the obligation exists, or of the The responsible State is under an obligation to
international community as a whole. make full reparation for the injury caused by the
internationally wrongful act.
Cannot be invoked if:
a. The international obligation in question Injury includes any damage, whether material
excludes the possibility of invoking or moral, caused by the internationally wrongful
necessity; or act of a State.
b. The State has contributed to the situation
of necessity. Full reparation – Means that the responsible
State must endeavor to wipe out all the
g. Other Principles consequences of the illegal act and reestablish
The responsible State may not rely on the the situation which would, in all probability,
provisions of its internal law as justification for have existed if that act had not been committed
failure to comply with its obligations under this [Factory at Chorzów (PCIJ, 1928)]. This may
part [Art. 32, ARSIWA]. be achieved by one form of reparation only or
by a combination of the different forms
None of the circumstances listed above [ARSIWA Draft Articles].
precludes the wrongfulness of any act of a
State which is not in conformity with an Material Damage – Refers to damage to
obligation arising under a peremptory norm of property or other interests of the State and its
general international law [Art. 26, ARSIWA]. nationals which is assessable in financial
terms.
11. Consequences Of an
Internationally Wrongful Act Moral Damage – Includes such items as
individual pain and suffering, loss of loved ones
The international responsibility of a State which or personal affront associated with an intrusion
is entailed by an internationally wrongful act on one’s home or private life [ARSIWA Draft
involves legal consequences [Art. 28, Articles].
ARSIWA].
1. Forms of Reparation
The legal consequences of an internationally
wrongful act under this part do not affect the Full reparation for the injury caused by the
continued duty of the responsible State to internationally wrongful act shall take the form
perform the obligation breached [Art. 29, of restitution, compensation and satisfaction,
ARSIWA]. either singly or in combination [Art. 34,
ARSIWA].
Cessation and Non-Repetition
The State responsible for the wrongful act is a. Restitution [Art. 35, ARSIWA]
under the obligation to:
a. Cease the act if it is still continuing; and A State responsible for an internationally
b. Offer appropriate assurances and wrongful act is under an obligation to make
guarantees of non-repetition, if restitution, that is, to re-establish the situation
circumstances so require [Art. 30, which existed before the wrongful act was
ARSIWA]. committed, provided and to the extent that
restitution:
Cessation – serves as a preventive function a. Is not materially impossible;
upon the wrongful state and is described as a b. Does not involve a burden out of all
positive reinforcement. proportion to the benefit deriving from
restitution instead of compensation.
Page 371 of 384

Restitution consists only in re-establishing material consequences for the State
the status quo ante, i.e., the situation that concerned [ARSIWA Draft Articles].
existed prior to the occurrence of the wrongful d. Other Principles
act, and does not require a hypothetical inquiry
into what the situation would have been if the Interest on any principal sum due under this
wrongful act had not been committed. chapter shall be payable when necessary, in
Restitution in this narrow sense may therefore order to ensure full reparation. The interest rate
have to be completed by compensation to and mode of calculation shall be set so as to
ensure full reparation for the damage caused achieve that result [Art. 38, ARSIWA].
[ARSIWA Draft Articles].
Contribution to the Injury
b. Compensation [Art. 36, ARSIWA] In the determination of reparation, account
shall be taken of the contribution to the injury
The State responsible is under an obligation to by willful or negligent action or omission of the
compensate for the damage caused thereby, injured State or any person or entity in relation
insofar as such damage is not made good by to whom reparation is sought [Art. 39,
restitution. ARSIWA].
Compensation corresponds to the financially C. International Protection of

assessable damage suffered by the injured
State or its nationals. It is not concerned to Human Rights (Including
punish the responsible State, nor does Refugees and Stateless
compensation have an expressive or Persons)
exemplary character [ARSIWA Draft Articles].
1. Basic Principles of International
c. Satisfaction [Art. 37, ARSIWA]
Human Rights Law
The State responsible is under an obligation to
give satisfaction for the injury caused by that Definition of Human Rights
act insofar as it cannot be made good by Human rights are those fundamental and
restitution or compensation. inalienable rights which are essential for life as
a human being. They are recognized by the
Satisfaction may consist in an international community as a whole through
acknowledgement of the breach, an their protection and promotion under
expression of regret, a formal apology or contemporary international law.
another appropriate modality.
Definition of International Human Rights
Satisfaction shall not be out of proportion to the Law
injury and may not take a form humiliating to International human rights law lays down the
the responsible State. obligations of Governments to act in certain
ways or to refrain from certain acts, in order to
Satisfaction is of exceptional character. It is promote and protect human rights and
only in cases where restitution or fundamental freedoms of individuals or groups
compensation have not provided full reparation [United Nations, Global Issue].
that satisfaction may be required [ASR Draft
Articles]. Classifications of Human Rights
a. First generation rights consist of civil and
It is the remedy for injuries not financially political rights;
assessable. These injuries are frequently of a b. Second generation rights consist of
symbolic character, arising from the very fact of economic, social and cultural rights;
the breach of the obligation, irrespective of its c. Third generation rights consist of the rights
to development, to peace, and to
environment [Vasak, Karel].
Page 372 of 384
Note: there is no hierarchy among these citing Filartiga v. Pena-Irala, 630 F.2d 876 (2d
classifications. Cir. 1980)].
In the Philippines, the UDHR is considered as
The Distinction Between First Generation customary international law. It has been
and Second Generation Human Rights interpreted by this Court as part of the generally
a. As to Obligatory Force accepted principles of international law and
1st Generation Rights are strictly or binding on the State [Poe-Llamanzares v.
objectively obligatory, whatever the COMELEC, G.R. No. 221697 (2016)].
economic condition or other conditions of
the state obliged. 2nd Generation Rights The UDHR embodies both first and second
are relatively or subjectively obligatory, generation rights.
states are required to progressively
achieve the full realization of these rights The Civil and Political Rights (1st
“to the maximum of their available Generation Rights) Enumerated in the
resources.” UDHR Include Rights Such As:
b. As to Derogation 1. The right to life, liberty, privacy and security
1st Generation rights are derogable only in of person;
times of public emergency and only as 2. Prohibition against slavery;
provided under Article 4 of ICCPR. 2nd 3. The right to not to be subjected to arbitrary
Generation Rights may be restricted for the arrest, detention or exile;
general welfare, with or without an 4. The right to recognition as a person before
“emergency that threatens the the law;
independence or security of a state party.” 5. Equal protection of the law;
6. Right to an effective remedy by the
a. The Universal Declaration of Human competent national tribunal;
Rights (UDHR) 7. The right to a fair and public hearing by an
independent and impartial tribunal;
The UDHR is the first comprehensive catalog 8. The right to fair trial and presumption of
of human rights proclaimed by an international innocence;
organization. 9. The right to a nationality;
10. The right to own property;
It is not a treaty. It has no obligatory character 11. The right to freedom of thought,
because it was adopted by the UN General conscience and religion;
Assembly as Resolution 217A (III). As a 12. The right to freedom of opinion and
resolution, it is merely recommendatory. expression;
13. The right to peaceful assembly and
Accordingly, it has been observed that the association;
Universal Declaration of Human Rights no 14. The right to take part in the government of
longer fits into the dichotomy of “binding treaty” his country.
against “non-binding pronouncement,” but is
rather an authoritative statement of the The Economic, Social and Cultural Rights
international community. Thus, a Declaration Enumerated in the UDHR Include Rights
creates an expectation of adherence, and Such As:
insofar as the expectation is gradually justified 1. The right to social security;
by State practice, a declaration may by custom 2. The right to work and protection against
become recognized as laying down rules unemployment;
binding upon the States. Indeed, several 3. The right to equal pay for equal work;
commentators have concluded that the 4. The right to form and join trade unions;
Universal Declaration has become, in toto, a 5. The right to rest and leisure.
part of binding, customary international law
[Razon, Jr. v. Tagitis, G.R. No. 182498 (2009) Note: See Articles 3-28 of the UDHR for a
complete enumeration of the rights.
Page 373 of 384
b. The International Covenant on Civil opinion, national or social origin, birth or
and Political Rights (ICCPR) other status.
2. State parties are required to take the
It embodies the first generation of human necessary steps to adopt legislative or
rights, although it lists more rights than the other measures that are necessary to give
UDHR, namely: effect to the rights recognized in the
1. The right to self-determination [Art. 1]; ICCPR.
2. The right of members of ethnic, religious or 3. State parties must ensure that any person
linguistic groups not to be denied to enjoy whose rights or freedoms are violated have
their own culture, to profess and practice an effective remedy, notwithstanding that
their own religion, or to use their own the violation has been committed by
language [Art. 27]; persons action in an official capacity.
3. The right to compensation in case of 4. State parties must ensure that any person
unlawful arrest [Art. 9]; claiming such remedy shall have his right
4. The right to legal assistance in criminal thereto determined by competent judicial,
prosecution [Art. 14]; administrative or legislative authority, and
5. The right against self-incrimination; that they shall enforce the remedy when
6. Protection against double jeopardy; granted.
7. The right to review by higher tribunal in 5. To ensure that the competent authorities
case of criminal conviction [Art. 14]; shall enforce such remedies when granted
8. The right of every child to nationality [Art. [Art. 2].
24];
9. The right to protection of a child as required c. The International Covenant on
by his status as a minor [Art. 24]; Economic, Social and Cultural
10. The right of persons below 18 years old not Rights (ICESCR)
to be sentenced to death for crimes [Art. 6];
11. The right against carrying out the death It embodies the second generation of human
sentence on the part of a pregnant woman rights, although it lists more rights than the
[Art. 6 ]. UDHR, namely:
a. The right to work [Art. 6];
Non-Derogable Rights [Art. 4, ICCPR]: b. The right to the enjoyment of just and
1. Right to life [Art. 6]; favourable conditions of work [Art. 7];
2. Freedom from torture, or from cruel, c. The right to health [Art. 7];
inhuman, or degrading treatment or d. The right to strike and form/join trade
punishment [Art. 7]; unions [Art. 8];
3. Freedom from slavery or servitude [Art. 8]; e. The right to social security [Art. 9];
4. To not be imprisoned for debt [Art. 11]; f. The right to an adequate standard of living
5. Freedom from retroactive/ex post facto [Art. 11];
laws [Art. 15]; g. The right to education [Art. 13];
6. To be recognized everywhere as a person h. The right to enjoy the benefits of scientific
before the law [Art. 16]; progress [Art. 15];
7. Freedom of thought, conscience and i. Freedom for scientific research and
religion [Art. 18]. creativity [Art. 15].
The Following Are Obligations of State Note: See Arts. 6-15 of the ICESCR for a
Parties Under the ICCPR: complete enumeration of the rights.
1. State parties undertake to respect and to
ensure to all individuals within their territory The obligation of a state party to the ICESCR
the rights enumerated therein, without is to undertake the necessary steps to the
distinction of any kind, such as race, color, maximum of its available resources, with a
sex, language, religion, political or other view to achieving progressively the full
Page 374 of 384

realization of the rights enumerated in the 2. Refugees
covenant by all appropriate means.
a. General Principles
Common Provisions in the ICCPR and
ICESCR Reference Treaties: The 1951 Convention
Relating to the Status of Refugees (1951
The common provisions of the two covenants Convention) and the 1967 Protocol Relating to
deal with collective rights, namely: the Status of Refugees (1967 Protocol).
a. The right of self-determination of peoples;
b. The right of peoples to freely dispose of b. Definition
their natural wealth and resources; and
c. The right of peoples not to be deprived of A person outside the country of his nationality
their own means of subsistence. owing to a well-founded fear of being
persecuted for reasons of race, religion,
These rights were not covered by the UDHR. nationality, membership of a particular social
group or political opinion, is and is unable or,
Philippine Jurisprudence on Human owing to such fear, is unwilling to avail himself
Rights of the protection of that country; or who, not
having a nationality and being outside the
On enforced disappearances [Razon, Jr. country of his former habitual residence as a
v. Tagitis, G.R. No. 182498 (2009)]: result of such events, is unable or, owing to
Any act of enforced disappearance is an such fear, is unwilling to return to it [Art. 1A (1),
offense to dignity. It is condemned as a denial 1951 Convention].
of the purposes of the Charter of the United
Nations and as a grave and flagrant violation of The term “the country of his nationality” shall
human rights and fundamental freedoms mean each of the countries of which he is a
proclaimed in the Universal Declaration of national, and a person shall not be deemed to
Human Rights and reaffirmed and developed in be lacking the protection of the country of his
international instruments in this field. nationality if, without any valid reason based on
well-founded fear, he has not availed himself of
On the Principle of Non-Discrimination the protection of one of the countries of which
vis-à-vis the Right to Electoral he is a national.
Participation [Ang Ladlad LGBT Party vs.
Commission on Elections, G.R. No. Refugees vs. Internally Displaced
190582 (2010)]: Persons
The principle of non-discrimination requires Refugees are people as defined above while
that laws of general application relating to internally displaced persons are those who
elections be applied equally to all persons, have been forced to flee their homes, suddenly
regardless of sexual orientation. Although or unexpectedly in large numbers as a result of
sexual orientation is not specifically armed conflict, internal strife, systematic
enumerated as a status or ratio for violation of human rights, or natural or man-
discrimination in Article 26 of the ICCPR, the made disaster, and who are within their
ICCPR Human Rights Committee has opined territory of their country [Analytical Report of
that the reference to “sex” in Article 26 should the United Nations’ Secretary-General on
be construed to include “sexual orientation.” Internally Displaced Persons (1992)].
On the right to nationality [Poe- c. The Following are Refugees Not

Llamanzares v. COMELEC, supra]: Covered by the Convention:
The common thread of the UDHR, UNCRC and
ICCPR is to obligate the Philippines to grant 1. He has voluntarily re-availed himself of
nationality from birth and ensure that no child the protection of the country of his
is stateless. nationality;
Page 375 of 384
2. Having lost his nationality, he has regulations as well as to measures taken for
voluntarily re-acquired it; the maintenance of public order [Art. 2, 1951
3. He has acquired a new nationality, and Convention].
enjoys the protection of the country of
his new nationality; f. Non-Discrimination
4. He has voluntarily re-established
himself in the country which he left or States shall apply the provisions of this
outside which he remained owing to Convention to refugees without discrimination
fear of persecution; or as to race, religion or country of origin [Art. 3,
5. He can no longer continue to refuse to 1951 Convention].
avail himself of the protection of the
country of his nationality because the g. Personal Status
circumstances in connection with
which he has been recognized as a The personal status of a refugee shall be
refugee have ceased to exist; governed by the law of the country of his
6. Being a person who has no nationality domicile or, if he has no domicile, by the law of
he is able to return to the country of his the country of his residence [Art. 12, 1951
former habitual residence [Art. 1(C), Convention].
1951 Convention].
Rights previously acquired by a refugee and
d. The Convention shall NOT Apply to: dependent on personal status, more
[1951 Convention] particularly rights attaching to marriage, shall
be respected by a Contracting State, subject to
1. A person receiving from organs or compliance, if this be necessary, with the
agencies of the United Nations other formalities required by the law of that State,
than the United Nations High provided that the right in question is one which
Commissioner for Refugees protection would have been recognized by the law of that
or assistance [Art. 1(D)]; State had he not become a refugee [Art. 12,
2. A person recognized by the competent 1951 Convention].
authorities of the country in which he
has taken residence as having the h. Rights of a Refugee
rights and obligations which are
attached to the possession of the Among those enumerated in the 1951
nationality of that country [Art.1(E)]; Convention are:
a. He/she has committed a crime 1. Non-discrimination of application (for
against peace, war crime, or a refugee status) based on race, religion, or
crime against humanity; country of origin [Art. 3];
b. He/she has committed a serious 2. To be treated similar to nationals with
non-political crime outside the respect to the following:
country of refuge prior to his a. Right to Religion [Art. 4];
admission to that country as a b. Rationing system (when supplies are
refugee; short) [Art. 20];
c. He/she has been guilty of acts c. Elementary education [Art. 22(1)];
contrary to the purposes and d. Public Relief [Art. 23];
principles of the United Nations e. Labor Legislation and Social Security
[Art. 1(F)]. [Art. 24(1)];
f. Fiscal Charges [Art. 29].
e. General Obligations of Refugees 3. To be accorded the same treatment as an
alien or foreign national with respect to the
Every refugee has duties to the country in following:
which he finds himself, which require in a. To have his personal status respected
particular that he conform to its laws and [Art. 12];
Page 376 of 384
b. To acquire movable and immovable constitutes a danger to the community of
property [Art. 13]; that country [Art. 33, 1951 Convention].
c. Protection of industrial property and
rights in literacy, artistic, and scientific 3. Statelessness
works [Art. 14];
d. Right of Association [Art. 15]; Definition
e. Access to Courts [Art. 16]; Statelessness is the condition or status of an
f. Wage-earning employment [Art. 17]; individual who is born without any nationality or
g. Self-employment [Art. 18]; who loses his nationality without retaining or
h. To practice liberal professions [Art. 19]; acquiring another [Cruz].
i. Housing [Art. 21];
j. Education other than elementary [Art. “Stateless person” means a person who is not
22(2)]. considered as a national by any State under
4. Administrative Assistance [Art. 25]; the operation of its law [Art. 1, Convention
5. Freedom of movement [Art. 26]; Relating to the Status of Stateless Persons
6. To be issued travel documents [Art. 28(1)]; (1960)].
7. Be permitted to transfer their assets [Art.
30(1)]; Examples:
8. Sympathetic considerations as regards the 1. A child born in a state where only the jus
following: sanguinis principle is recognized to parents
a. Extension of benefits similar to death whose state observes only jus soli.
benefits or social security [Art. 24(4)]; 2. An individual who, after renouncing his
b. Issuance of travel documents to original nationality in order to be
refugees who are unable to obtain a naturalized in another state, is
travel document from the country of subsequently denaturalized and is
their lawful residence [Art. 28(1)]; thereafter denied repatriation by his former
c. Permission to transfer assets country.
necessary for their resettlement in
another country [Art. 30(2)]. Rights of a Stateless Person
9. To not be expelled [Arts. 32 and 33]; a. The right to religion and religious
10. To not be penalized for illegal entry until instruction;
their status in the country is regularized or b. Access to courts;
they obtain admission into another country c. Elementary education;
[Art. 31]. d. Public relief and assistance and rationing
of products in short supply;
i. Principle of Non-Refoulment e. Treatment no less favorable than that
accorded to aliens Right of Association.
General Rule: No State shall expel or return
(“refouler”) a refugee in any manner Note: That the rights under the Convention
whatsoever to the frontiers of territories where Relating to the Status of Stateless is not an
his life or freedom would be threatened on exclusive list.
account of his race, religion, nationality,
membership of a particular social group or Right to Nationality under the Universal
political opinion [Art. 33, 1951 Convention]. Declaration on Human Rights (UDHR)
a. Everyone has the right to a nationality.
Exceptions: The benefit may not be claimed b. No one shall be arbitrarily deprived of his
by: nationality nor denied the right to change
a. A refugee whom there are reasonable his nationality [Art. 15].
grounds for regarding as a danger to the
security of the country in which he is; or Right to Nationality under the
b. Who, having been convicted by a final International Convention on Civil and
judgment of a particularly serious crime, Political Rights (ICCPR)
Page 377 of 384
a. Every child shall have, without any 1. Complaints Procedure
discrimination as to race, color, sex, The HRC's Complaints Procedure allows
language, religion, national or social origin, individuals and groups to submit
property or birth, the right to such complaints of human rights violations
measures of protection as are required by directly to the HRC. The complaints are
his status as a minor, on the part of his examined by a Working Group on
family, society, and the State. Communications, which can make
b. Every child shall be registered immediately recommendations to the state party to take
after birth and shall have a name. remedial action [Resolution 5/1, HRC].
c. Every child has the right to acquire a
nationality [Art. 24]. 2. Individual Communications
Under the Optional Protocol to the
4. Remedies Under Treaty-Based International Covenant on Civil and
Mechanisms Political Rights (ICCPR), individuals or
Under the International Covenant on Civil and groups can submit communications to the
Political Rights, States Parties are obligated to HRC alleging violations of their human
provide effective domestic remedies for rights. However, individuals cannot utilize
persons whose ICCPR rights are violated, to the individual complaints mechanism until
be determined by a competent government they have exhausted domestic remedies.
body, and such remedies must be enforced
[Article 2(3), ICCPR]. 3. Reports by Special Procedures
The HRC's special procedures can submit
The remedies and domestic protection reports on human rights issues or country
afforded to ICCPR rights depend primarily on situations to the HRC, which can be used
the legal and political system of the relevant to inform discussions, resolutions, and
State Party. decisions.
If a remedy is not already provided for by HRC views are not legally binding, as the HRC
existing legislative or other measures, each is not a judicial body. However, the HRC is the
State Party to the present Covenant pre-eminent interpreter of the ICCPR which is
undertakes to take the necessary steps, in itself legally binding. The HRC’s decisions are
accordance with its constitutional processes therefore strong indicators of legal obligations,
and with the provisions of the present so rejection of those decisions is good
Covenant, to adopt such laws or other evidence of a State’s bad faith attitude towards
measures as may be necessary to give effect its ICCPR obligations [Joseph].
to the rights recognized in the present
Covenant. [Article 2(3), ICCPR]. D. International Minimum
Standard and National
The Human Rights Committee
The Human Rights Committee (HRC) is the Treatment (Including
treaty-monitoring body for the ICCPR and Expropriation of Foreign-Owned
designed to be a secondary source of ICCPR Properties)
rights protection.
Definition
There are several communication mechanisms The "international minimum standard" is a
available under the HRC that allow individuals, set of principles derived from customary
groups, and non-governmental organizations international law that require states to provide
to bring human rights violations to the attention certain protections to aliens, foreign investors,
of the HRC and its special procedures. Some and their assets as stationed in the host state.
of these communication mechanisms include: It is a baseline of protection that applies to all
foreign investors, regardless of whether they
Page 378 of 384

are covered by specific investment treaties or 2. Protection Against the Denial of
agreements. Justice
“National treatment” is a component of the The “denial of justice” in the context of the
international minimum standard, which international minimum standards covers the
requires host states to treat foreign investors deficiencies on the part of the host state
no less favorably than their own nationals in concerning the administration of justice. A
similar circumstances. However, certain forms denial of justice does not arise merely upon the
of inequality are admissible i.e., aliens are not incorrect application of local law in the local
entitled to political rights in the host state, courts. The focus of denial of justice is rather
aliens must accept local law in regard to on the process by which justice is administered
regulation of the economy, including in the host state.
restrictions on employment of aliens in
particular types of employment, etc. A denial of justice could be pleaded if the
[Crawford]. relevant courts refuse to entertain a suit, if they
subject it to undue delay, or if they administer
Standards of Treatment justice in a seriously inadequate way ... There
In addition to the international minimum is a fourth type of denial of justice, namely the
standard, a number of primary rules govern the clear and malicious misapplication of the law.
standards with which states must treat those This type of wrong doubtless overlaps with the
aliens under international law: notion of ‘pretense of form’ to mask a violation
of international law. In the present case ... the
1. Fair and Equitable Treatment evidence [is] sufficient to dispel any shadow
over the bona fides of the Mexican judgments.
The fair and equitable treatment standard Their findings cannot possibly be said to have
(FET) is an autonomous standard of been arbitrary, let alone malicious [Azinian v.
investment protection set out in the great United Mexican States, ICSID Case No.
majority of bilateral investment treaties, though ARB(AF)/97/2].
in varying formulations. The substantive
protectors afforded by the FET include the 3. Expropriation of Foreign Property
protection of investors’ legitimate expectations,
non-abusive treatment, non-arbitrary and non- A state may place conditions on the entry of an
discriminatory exercise of public powers, and alien on its territory and may restrict acquisition
the host state’s adherence to due process of certain kinds of property by aliens. Apart
requirements. from such restrictions, an alien individual, or a
corporation controlled by aliens, may acquire
The minimum standard of fair and equitable title to property within a state under its law.
treatment is infringed by conduct attributable to
the State and harmful to the claimant if the Generally, foreign assets and their use may be
conduct is arbitrary, grossly unfair, unjust or subjected to taxation, trade restrictions,
idiosyncratic, is discriminatory and exposes the revocation of licenses for breach of regulations,
claimant to sectional or racial prejudice, or or measures of devaluation, but not
involves a lack of due process leading to an expropriation. However, if expropriation does
outcome which offends judicial propriety — as take place, this standard requires that any
might be the case with a manifest failure of expropriation of foreign property by a host state
natural justice in judicial proceedings or a must be for a public purpose, carried out with
complete lack of transparency and candor in an due process, done in accordance with
administrative process. [Waste Management II international law, and must be accompanied by
v. Mexico, ICSID Case No. ARB(AF)/00/3]. prompt, adequate, and effective
compensation. This standard is also
sometimes referred to as the "right to
compensation" [Crawford].
Page 379 of 384
E. Environmental Harm financial resources they command [Principle 7,
Rio Declaration].
Definition
It is the branch of public international law 4. Sustainable Development
comprising those substantive, procedural, and
institutional rules which have as their primary It is development that meets the needs of the
objective the protection of the environment present without compromising the ability of
[Sands]. future generations to meet their own needs
[Gabcikovo-Nagymaros Project, ICJ (1997)].
The protection of the environment is a vital part
of contemporary human rights doctrine, for it is No State has the right to use or permit the use
a sine qua non for numerous human rights of its territory in such a manner as to cause
such as the right to health, and the right to life injury by fumes in or to the territory of another
itself [Danube Dam Case, ICJ (1997)]. or the properties or persons therein, when the
case is of serious consequence and the injury
1. Precautionary Principle is established by clear and convincing
evidence [Trail Smelter Arbitration Case
Where there are threats of serious or (1938)].
irreversible damage, lack of full scientific
certainty shall not be used as a reason for Two fundamental principles of liability for
postponing cost-effective measures to prevent transboundary pollution:
environmental degradation. a. A State must show material damage and
causation to be entitled to legal relief; and
When it is uncertain as to the consequence of b. A State has a duty to prevent and it may be
the proposed activity to the environment, held responsible for pollution by private
doubts should be resolved on the side of parties within its jurisdiction if such
caution by taking measures to prevent or avoid pollution results in demonstrable injury to
environmental degradation [Principle 15, Rio another state [Trail Smelter Case, US v.
Declaration]. Canada (1941)].
2. Polluter-Pays Principle
5. Sic Utere Tuo Ut Alienum Non
Refers to the responsibility of the polluter to Laedas or the No-Harm Principle
bear the cost of pollution, with due regard to the
public interest and without distorting States have, in accordance with the Charter of
investment in the energy cycle or international the United Nations and the principles of
trade [Principle 16, Rio Declaration]. international law, the sovereign right to exploit
their own resources pursuant to their own
3. Common but Differentiated environmental policies, and the responsibility
to ensure that activities within their jurisdiction
Responsibilities
or control do not cause damage to the
environment of other States or of areas beyond
States shall cooperate in a spirit of global
the limits of national jurisdiction [Principle 21,
partnership to conserve, protect and restore
Stockholm Declaration].
the health and integrity of the earth’s
ecosystem. In view of the different
Principle 21 as Custom:
contributions to global environmental
“The Court recognizes that the environment is
degradation, States have common but
daily under threat and that the use of nuclear
differentiated responsibilities. The developed
weapons could constitute a catastrophe for the
countries acknowledge the responsibility that
environment. The existence of the general
they bear in the international pursuit to
obligation of States to ensure that activities
sustainable development in view of the
within their jurisdiction and control respect the
pressures their societies place on the global
environment of other States or of areas beyond
environment and of the technologies and
Page 380 of 384
national control is now part of the corpus of Individuals can only pursue claims if they have
international law relating to the environment” exhausted all domestic remedies within the
[ICJ Advisory Opinion on the Legality of the State. Thus, in principle, there is no
Threat or Use of Nuclear Weapons (1996)]. independent ability for individuals to bring
claims before international human rights
Protection of the Environment During bodies [Art. 14, ADP].
Armed Conflict
Each State Party undertakes not to engage in 2. International Economic Law
military or other hostile use of environmental
modification techniques having widespread, The ability of individuals to bring international
long-lasting or severe effects as the means of claims in International Economic Law is now
destruction, damage or injury to any other considerable. The main participants in a
Party State [Art. 1, Convention on the number of areas in international economic law
Prohibition of Military or other Hostile Use of are primarily States and corporations acting on
Environmental Modification Techniques or the equal terms [Evans].
Environmental Modification Convention
(ENMOD)]. 3. Immunities
F. International Claims There is an increasing recognition of

immunities enjoyed by individuals under
Although individuals are given rights and international law, which even States cannot
responsibilities under the international legal easily revoke. Diplomats, heads of state,
system, they do not automatically have the representatives of international organizations,
ability to bring claims under international law. and others may have personal immunities
arising from their relationship with the State or
Individuals are seen as extremely handicapped State-based bodies even when acting outside
in international law, from a procedural point of their official roles [Evans].
view [Higgins].
V. DISPUTE RESOLUTION
When Individuals can Bring
International Claims: A. Legality of the Use of Force
1. International Human Rights Law Self-Defense
If the act constitutes a lawful measure of self-
Claims may be brought by individuals against defense taken in conformity with the UN
the State of which they are a national and Charter.
against a State in whose jurisdiction they
happen to be, irrespective if they are a national Requisites of Collective Self-Defense:
of that state. 1. State must have been the victim of an
armed attack;
In most instances, the individual is a direct 2. The State being attacked is of the belief
party to the proceedings before the and so declares that it was a victim of an
international body; decisions can be rendered armed attack;
and remedies can be granted by the Court, 3. The victim State must request for
usually in the form of monetary compensation assistance [Nicaragua v. US, ICJ (1986)].
or ordering investigations into the violations.
However, the State can only be sued if it has

ratified the treaty or accepted the relevant
article in the treaty that allows individuals to
bring claims against the State [Evans].
Page 381 of 384

B. Concept of International and Armed conflict does not include internal
disturbances or tensions such as:
Non-International Armed a. Riots;
Conflicts b. Isolated and sporadic acts of violence; and
c. Other acts of a similar nature.
International Armed Conflict 1. The Role of the International
Definition: An IAC occurs when one or more Criminal Court
states have recourse to armed force against
another state, regardless of the reasons or the Adoption of the Rome Statute in 1998: The
intensity of the confrontation [Prosecutor v. international community finally created a
Tadic, ICTY Appeals Chamber (1995)]. permanent International Criminal Court with
jurisdiction over international crimes committed
General Rule: All Members shall refrain in by nationals, or on the territory, of a State party
their international relations from the threat or to the Statute, or referred to it by the UN
use of force against the territorial integrity or Security Council.
political independence of any state, or in any
other manner inconsistent with the Purposes of
the United Nations [Art. 2(4), UN Charter].
C. Judicial and Arbitral
Settlement
Exception: Inherent right of individual or
collective self-defense if an armed attack 1. International Court of Justice
occurs [Art. 51, UN Charter].
The International Court of Justice shall be the
Non-International Armed Conflict principal judicial organ of the United Nations. It
Definition: This refers to conflicts between shall function in accordance with the annexed
governmental forces and non-governmental Statute, which is based upon the Statute of the
armed groups, or between such groups only. Permanent Court of International Justice and
forms an integral part of the present Charter
Basis: The Common Article 3, Geneva [Art. 92, UN Charter].
Conventions and Article 1, Additional Protocol
II. Who Are the Parties to the Statute of the
International Court Justice?
Common Article 3 applies to “armed conflicts • All members of the United Nations – ipso
not of an international character occurring in facto parties to the Statute of the
the territory of one of the High Contracting International Court of Justice.
Parties.” These include armed conflicts in • Non-Member States of the United
which one or more non-governmental armed Nations – may become a party to the
groups are involved. Statute of the International Court of Justice
on conditions to be determined in each
Art. 1 Develops Common Article 3. It case by the General Assembly upon the
Applies To: recommendation of the Security Council
a. All armed conflicts which take place in the [Art. 93, UN Charter].
territory of a state party;
b. Between its armed forces and dissident Obligation of Member States
armed forces or other organized groups; General Rule: Each Member of the United
c. Which, under responsible command, Nations undertakes to comply with the decision
exercise such control over a part of its of the International Court of Justice in any case
territory; to which it is a party.
d. As to enable it to carry out sustained and
concerted military operations and to If there is a failure to perform obligation
implement the Protocol. under a judgment by the ICJ → the other
party may have recourse to the Security
Page 382 of 384

Council, which may, if it deems necessary, c. the existence of any fact which, if
make recommendations or decide upon established, would constitute a breach of
measures to be taken to give effect to the an international obligation;
judgment [Art. 94, UN Charter]. d. the nature or extent of the reparation to be
made for the breach of an international
Who can Participate in ICJ Proceedings? obligation.
a. Only STATES may be parties in cases The declarations may be made unconditionally
before the Court. or on condition of reciprocity on the part of
b. The Court, subject to and in conformity with several or certain states, or for a certain time.
its Rules, may request of public
international organizations information Such declarations shall be deposited with the
relevant to cases before it, and shall Secretary-General of the United Nations, who
receive such information presented by shall transmit copies thereof to the parties to
such organizations on their own initiative. the Statute and to the Registrar of the Court.
c. The Registrar shall notify the public
international organization concerned and Declarations made under Article 36 of the
shall communicate to it copies of all the Statute of the Permanent Court of International
written proceedings [Article 34, ICJ Justice and which are still in force shall be
Statute]. deemed, as between the parties to the present
Statute, to be acceptances of the compulsory
Organization of the ICJ jurisdiction of the International Court of Justice
1. The full Court shall sit except when it is for the period which they still have to run and in
expressly provided otherwise in the accordance with their terms.
present Statute.
2. Subject to the condition that the number of Power of the ICJ to Indicate any
judges available to constitute the Court is Provisional Measure
not thereby reduced below eleven, the 1. The Court shall have the power to indicate,
Rules of the Court may provide for allowing if it considers that circumstances so
one or more judges, according to require, any provisional measures which
circumstances and in rotation, to be ought to be taken to preserve the
dispensed from sitting. respective rights of either party.
3. A quorum of nine judges shall suffice to 2. Pending the final decision, notice of the
constitute the Court [Article 25, ICJ measures suggested shall forthwith be
Statute]. given to the parties and to the Security
Council [Art. 41, ICJ Statute].
The Jurisdiction of the Court Comprises:
1. All cases which the parties refer to it; and Power to Give Advisory Opinions
2. All matters specially provided for in the 1. The Court may give an advisory opinion on
Charter of the United Nations or in treaties any legal question at the request of
and conventions in force [Art. 36, ICJ whatever body may be authorized by or in
Statute]. accordance with the Charter of the United
Nations to make such a request.
Article 36 ICJ Statute. The states parties to 2. Questions upon which the advisory opinion
the present Statute may at any time declare of the Court is asked shall be laid before
that they recognize as compulsory ipso facto the Court by means of a written request
and without special agreement, in relation to containing an exact statement of the
any other state accepting the same obligation, question upon which an opinion is required,
the jurisdiction of the Court in all legal disputes and accompanied by all documents likely
concerning: to throw light upon the question [Art. 65,
a. the interpretation of a treaty; ICJ Statute].
b. any question of international law;
Page 383 of 384

The following can request the ICJ to give
advisory opinions:
1. The General Assembly or the Security
Council may request the International
Court of Justice to give an advisory opinion
on any legal question.
2. Other organs of the United Nations and
specialized agencies, which may at any
time be so authorized by the General
Assembly, may also request advisory
opinions of the Court on legal questions
arising within the scope of their activities
[Art. 96, ICJ Statute].
Permanent Court of Arbitration

A non-UN intergovernmental organization
located in The Hague, Netherlands. Unlike a
judicial court in the traditional sense, the PCA
provides services of arbitral tribunal to resolve
disputes that arise out of international
agreements between member states,
international organizations or private parties.
The cases span a range of legal issues
involving territorial and maritime boundaries,
sovereignty, human rights, international
investment, and international and regional
trade.
Page 384 of 384


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TABLE OF CONTENTS b. Local Initiative; Voter Requirements 28

a. Doctrine of Shifting Majority............... 35 C. Concept of Executive Privilege.................... 48

c. Requisites of Grant of Emergency c. Administrative supervision over .......... 81

c. Legislative Act ....................................... 98 CONSTITUTIONAL LAW 2 ............................ 115

a. Prior Restraint ................................. 131 2. Right to Counsel .........................153

II. MODES OF ACQUIRING TITLE TO X. DISTINGUISH: DE FACTO AND DE

d. Effects of Impeachment ................ 216 a. Supplementary Legislation ..................232

e. Not otherwise disqualified by law ..... 256 2. Regulations ................................................275

D. Pre-Proclamation Controversy .................. 285 (9) Autonomous Regions

6. Requirements for a Valid Tax C. Settlement of Boundary Disputes..............335

LAW 1 Self-executing clauses refer to those in the

1987 Constitution Revision broadly implies a change that alters a

(3) Those born before January 17, 1973, of Filipino

SECTION 1. The following are citizens of the Renunciation of Citizenship

c. Government Independence is the decisive criterion of

Police power, while incapable of an exact Taxation and Eminent Domain as

Not an instance of taking Possessory Taking vs. Regulatory Taking

"Generally accepted principles of

STATE POLICIES Personal Dignity and Human Rights

Doctrine of Parens Patriae The question of when life begins is a scientific

Autonomy of Local Governments

Section 25, Article II. The State shall ensure the

Section 27, Article II. The State shall maintain

Section 21, Article II. The State shall promote

Section 28, Article II. Subject to reasonable

Section 22, Article II. The State recognizes and

3. Delegation of Powers c. The extent reserved to the people by the

Formal/Procedural Limitations General Rule: Only Congress (as a body)

The provision is not self-executing [Defensor-

d. Limitations on Local Initiative

Senate House of 2. House of Representatives

b. Party-List System 4. Sectoral parties or organizations may either

C. Legislative Privileges, A Senator or Member of the House of

Preventive suspension is not a penalty. Order

a. Statements of Assets, Liabilities, and

Action Votes Required House Voting Basis

Punish for disorderly 2/3 Separately; All Section 16(3), Article VI

Override 2/3 Separately (House Section 27(1), Article VI

Grant Tax Exemption Majority Silent Section 28(4), Article VII

Elect President in case of Majority Separately Section 4(5), Article VII

Confirm appointment of VP Majority Separately Section 9, Article VII

Congress affirming that 2/3 Congress

Revoke or extend (a) Majority Jointly Section 18, Article VII

Amnesty Grant Majority Silent Section 19(2), Article VII

Action Votes Required House Voting Basis

Submit a question calling Majority (Silent) Section 3, Article XVII

Call for Constitutional 2/3 Section 3, Article XVII

Propose amendments as 3/4 Section 1(1), Article XVII

Other Cases (not out of all members)

Action Votes Required (All Basis

Determine President’s ⅔ of both houses, voting Section 11(4), Article VII

Validity of ⅔ members of Senate Section 21, Article VII

The conferees are not limited to reconciling the b. As to certain laws

SECTION 25, ARTICLE VI. (1) The Congress

(2) No provision or enactment shall be embraced

4. Second reading The bill undergoes the same legislative

SECTION 26(2), ARTICLE VI. No bill passed by Examples:

(4) The procedures in approving appropriations for

2. Legislative Inquiries v. Question However, in Gudani v. Senga [G.R. No.

The claim of privilege must be specific, e.g.,

Clearly, oversight concerns post-enactment More intense digging of facts, compared to