LECTURE NOTES
POLITICAL AND INTERNATIONAL LAW REVIEW
PART ONE: POLITICAL LAW
POWERS AND STRUCTURES OF GOVERNMENT
I. PRELIMINARY CONCEPTS
1. NATURE OF A CONSTITUTION
Parts:1
i. Constitution of liberty.
Which states the fundamental rights of the
people.
ii. Constitution of government.
Which establishes the structure of
government, its branches and their
operation.
iii. Constitution of sovereignty.
Which provides how the Constitution may
be changed.
Manner of interpretation:2
i. First, Verba legis (plain-meaning rule).
Rule:
a. To construe the constitution from what
appears upon its face. The proper
interpretation depends more on how it
was understood by the people adopting it
than in the framer's understanding
thereof.
b. We look to the language of the
document itself in our search for its
meaning. They are to be given
their ordinary meaning except where
technical terms are employed.
ii. Second, where there is ambiguity,
ratio legis est anima (the reason of the law is
its soul/the words of the constitution should
be interpreted in accordance with the intent
of the framers):
1 Lambino vs. COMELEC, G.R. No. 174153, October 25, 2006. See
separate opinion. J. Azcuna.
2 Francisco vs. The House of Representatives, G.R. No. 160261,
November 10, 2003; La Bugal-B-Laan Tribal Association, Inc. vs.
Ramos, G.R. No. 127882, December 1, 2004. Motion for
Reconsideration.
Rule:
a. A foolproof yardstick in constitutional
construction is the intention underlying the
provision under consideration.
b. The Court should bear in mind the
object sought to be accomplished by its
adoption, and the evils, if any, sought to
be prevented or remedied.
c. A doubtful provision will be examined in
the light of the history of the times, and
the condition and circumstances under
which the Constitution was framed.
d. The object is to ascertain the reason
which induced the framers of the
Constitution to enact the particular
provision and the purpose sought to be
accomplished thereby, in order to construe
the whole as to make the words consonant
to that reason and calculated to effect that
purpose.
iii. Third, Ut magis valeat quam pereat (The
Constitution is to be interpreted as a
whole/every part of the constitution is to be
given effect and the constitution is to be read
and understood as a harmonious whole):
Rule:
a. That said provision should function to
the full extent of its substance and its
terms, not by itself alone, but in
conjunction with all other provisions of
that great document.
b. No one provision of the Constitution is
to be separated from all the others, to be
considered alone, but that all the
provisions bearing upon a particular
subject are to be brought into view and to
be so interpreted as to effectuate the
great purposes of the instrument.
1
 c. Sections bearing on a particular subject ii. Qualitative test.
should be considered and interpreted
together as to effectuate the whole It inquires into the qualitative effects of
purpose of the Constitution and one the proposed change in the constitution.
section is not to be allowed to defeat
another, if by any reasonable construction, Three modes of amending the
the two can be made to stand together. Constitution:

d. In other words, the court must i. The first mode.

harmonize them, if practicable, and must
lean in favor of a construction which will Through Congress upon three-fourths vote
render every word operative, rather than of all its Members.
one which may make the words idle and
nugatory. ii. The second mode.

iv. Resort to extrinsic aids: Through a constitutional convention.

a. If, however, the plain meaning of the iii. The third mode.
word is not found to be clear, resort to
other aids is available. Through a people’s initiative.

b. While it is permissible in this jurisdiction

to consult the debates and proceedings of
the constitutional convention in order to
arrive at the reason and purpose of the
resulting Constitution, resort thereto may
be had only when other guides fail.

Fundamental principle of constitutional

construction:

i. The intent of the framers of the organic law

and of the people adopting it should be given
effect.

ii.The primary task in constitutional

construction is to ascertain and thereafter
assure the realization of the purpose of the
framers and of the people in the adoption of
the Constitution.

Process of change (amendments and

revisions):

Two-part test to determine an

amendment or revision of a
Constitution:3

i. Quantitative test.

a. It asks whether the proposed change is

“so extensive in its provisions as to change
directly the ‘substantial entirety’ of the
constitution by the deletion or alteration of
numerous existing provisions.”

b. The court examines only the number of

provisions affected and does not consider
the degree of the change.

3 Lambino vs. COMELEC, supra.

2
 Distinctions:4 STEPS IN AMENDATORY PROCESS

Amendment Revision I. PROPOSAL

a. It implies such an
addition or change within
the lines of the original
instrument as will effect
an improvement, or better
carry out the purpose for
which it was framed.
a. Indicate the will of the
people that the underlying
principles upon which it
rests, as well as the
substantial entirety of the
instrument, shall be of a
like permanent and
abiding nature.
Who may propose amendment to the
Constitution?
i. By the Congress.
ii. By the Constitutional Convention.
iii. By the People’s Initiative.

b. Refers to a change that b. Implies a change that Section 1 of Article XVII, referring to the first
adds, reduces, or deletes alters a basic principle in and second modes, applies to “[A]ny
without altering the basic the constitution, like amendment to, or revision of, this
principle involved. altering the principle of Constitution.”
separation of powers or
the system of checks-and- Section 2 of Article XVII, referring to the third
balances. mode, applies only to “[A]mendments to this
Constitution.”
c. Generally affects only c. The change alters the
the specific provision substantial entirety of the The power of Congress in the
being amended. constitution, as when the amendment to, or revision of, the
change affects substantial Constitution:5
provisions of the
constitution. i. Congress, when acting as a Constituent
Assembly has full and plenary authority to
d. It envisages an d. Generally affects propose Constitutional amendments.
alteration of one or a few several provisions of the
specific and separable constitution. ii. To call a convention for the purpose.
provisions.

e. The guiding original e. In revision, however,

intention of an
amendment is to improve
specific parts or to add
new provisions deemed
necessary to meet new
conditions or to suppress
specific portions that may
have become obsolete or
that are judged to be
dangerous.
the guiding original
intention and plan
contemplates a re-
examination of the entire
document, or of provisions
of the document which
have over-all implications
for the entire document,
to determine how and to
what extent they should
be altered. Thus, for
instance a switch from the
presidential system to a
parliamentary system
would be a revision
because of its over-all
impact on the entire
constitutional structure. So
would a switch from a
bicameral system to a
unicameral system be
because of its effect on
other important provisions
of the Constitution.

4 Lambino vs. COMELEC, supra. 5 Imbong vs. COMELEC, G.R. No. L-32432, September 11, 1970.
3
 Distinctions:6 Essential elements in the proposal to
amend the Constitution through
Constituent assembly Legislative body people’s initiative:7

i. It has full and plenary i. The power to enact the i. First.

authority to propose implementing details does
Constitutional not exclusively pertain to The people must author and thus sign the
amendments. Congress acting as a entire proposal.
Constituent Assembly.
Such implementing details ii. Second.
are matters within the
competence of Congress As an initiative upon a petition, the
in the exercise of its proposal must be embodied in a petition.
comprehensive legislative
power, which power Rationale for the requirements in
encompasses all matters people’s initiative:
not expressly or by
necessary implication i. A person permitted to describe orally the
withdrawn or removed by contents of an initiative petition to a potential
the Constitution from the signer, without the signer having actually
ambit of legislative action. examined the petition, could easily mislead
(plenary character of the signer by, for example, omitting,
legislative power) downplaying, or even flatly misrepresenting,
portions of the petition that might not be to
ii. It has full and plenary ii. Consequently, the signer's liking.
authority to call a Congress, acting as a
convention for the legislative body, can enact ii. Moreover, “an initiative signer must be
purpose, by a three- the necessary informed at the time of signing of the nature
fourths vote of each implementing legislation to and effect of that which is proposed” and
House in joint session fill in the gaps. failure to do so is “deceptive and misleading”
assembled. which renders the initiative void.

iii. To grant to Congress as
a Constituent Assembly of
such plenary authority to
call a constitutional
convention includes, by
virtue of the doctrine of
necessary implication, all
other powers essential to
the effective exercise of
the principal power
granted.
iii. The fact that a bill
providing for such
implementing details may
be vetoed by the President
is no argument against
conceding such power in
Congress as a legislative
body nor present any
difficulty; for it is not
irremediable as Congress
can override the
Presidential veto or
Congress can reconvene
as a Constituent Assembly
and adopt a resolution
prescribing the required
implementing details.
II. RATIFICATION
Validity/enforceability of the
amendment to, or revision of, the
Constitution:8
i. By Congress as constituent assembly or by
Constitutional Convention.
When ratified by a majority of the votes
cast in a plebiscite which shall be held not
earlier than sixty days nor later than
ninety days after the approval of such
amendment or revision.
ii.By the People thru initiative.
When ratified by a majority of the votes
cast in a plebiscite which shall be held not
earlier than sixty days nor later than
ninety days after the certification by the
Commission on Elections of the sufficiency
of the petition.

7 Lambino vs. COMELEC, supra.

6 8
Lambino vs. COMELEC, supra. Section 4, Article XVII, 1987 Constitution.
4
2. THE PHILIPPINES AS A STATE iv. Maritime areas, including its territorial sea,
the seabed, the subsoil, the insular shelves,
Elements/criteria:9 and other submarine areas.

a. People (a permanent population). Territorial domains of the national

territory:
b. Territory (a defined territory).
a. Terrestrial domain.
c. A government.
Refers to the land. It includes agricultural,
d. Sovereignty (a capacity to enter into relations residential, industrial, parks, forest, mineral
with other states). areas.

b. Fluvial domain.
PEOPLE.
Refers to the water. It includes seas, rivers,
Definition: oceans, lakes, canals, ports and harbour.

a. A subject in a territorial society. c. Aerial domain.

b. A politically organized sovereign community.
c. It is thus a sovereign person with the people
composing it viewed as an organized corporate
society.
i. Refers to the air. Complete and exclusive
sovereignty over the air space above its
territory.
ii. It does not include outer space.

The Archipelago doctrine:

THE NATIONAL TERRITORY.
The waters around, between, and connecting
Coverage/scope: 10
the islands of the archipelago, regardless of
their breadth and dimensions, form part of the
The national territory comprises the Philippine internal waters of the Philippines, 11 contained
archipelago, with all the islands and waters within the baselines drawn around the outer
embraced therein, and all other territories over islands.
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial Purpose of baseline laws:
and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and a. Baseline laws are nothing but statutory
other submarine areas. mechanisms for UNCLOS III States parties to
delimit with precision the extent of their
What comprises (scope) our National maritime zones and continental shelves.
Territory?
b. This gives notice to the rest of the
international community of the scope of the
a. The Philippine archipelago, with all the islands
maritime space and submarine areas within
and waters embraced therein.
which States parties exercise treaty-based
rights.
b. All other territories over which the Philippines
has sovereignty or jurisdiction.
The United Nation Convention on the Law
c. It includes: of the Sea (UNCLOS):

i. Terrestrial. a. It is a multilateral treaty regulating, among

others, sea-use rights over maritime zones and
ii. Fluvial. continental shelves that UNCLOS III delimits.

iii. Aerial domains. Instances of maritime zones:

i. The territorial waters [12 nautical miles

from the baselines].12

9 The Province of North Cotabato vs. The Government of the

11
Republic of the Philippines Peace Panel on Ancestral Domain (GRP), Article I, 2nd sentence, 1987 Constitution.
12
supra. The sovereignty of a coastal state, which extends to the air space
10 Article I, 1st sentence., 1987 Constitution. over the territorial sea as well as to its beds and subsoil.
5
 ii. Contiguous zone [24 nautical miles from
the baselines].13
iii. Exclusive economic zone [200 nautical
miles from the baselines].14
b. UNCLOS III was the culmination of decades-
long negotiations among United Nations
members to codify norms regulating the conduct
of States in the world's oceans and submarine
areas, recognizing coastal and archipelagic
States' graduated authority over a limited span
of waters and submarine lands along their
coasts.
Scope of UNCLOS:
a. Multilateral treaties on the regulations of sea-
use rights or enacting statutes to comply with
the treaty's terms to delimit maritime zones and
continental shelves.
b. It has nothing to do with the acquisition (or
loss) of territory.
c. Its ancillary baselines laws play no role in the
acquisition, enlargement or, diminution of
territory.
d. Territorial claims to land features are outside
UNCLOS III, and are instead governed by the
rules on general international law.
GOVERNMENT.
Two-fold functions:
a. Constituent.
Are those which constitute the very bonds of
society and are compulsory in nature.
b. Ministrant.
Are those that are undertaken only by way of
advancing the general interests of society,
and are merely optional.
13 The coastal state may exercise the control necessary to prevent
infringement of its customs, fiscal, immigration or sanitary laws and
regulations. Jurisdiction is only on the ocean surface and floor. There
is no air and space rights.
14
The state’s sovereign right to explore, exploit, conserve and
manage natural resources from the seabed and subsoil. There is no
right to prohibit or limit freedom of navigation or over flight. It has
jurisdiction over artificial islands, installations, and structures that
may be established and used, marine scientific research, and the
protection and preservation of its marine environment. (Bayan Muna
vs. GMA, G.R. No. 182734, January 10, 2023.)
Kinds of government as to its constitution
or foundation:15
a. De jure government.
One is which established according to the
existing Constitution of the State and has the
general support of the people.
b. De facto government.
One which is not established according to the
existing Constitution of the State and is
maintained against the rightful and lawful
government.
Kinds:16
i. The government that gets possession and
control of, or usurps, by force or by the voice
of the majority, the rightful legal
governments and maintains itself against the
will of the latter.
ii. That which is established and maintained
by military forces who invade and occupy a
territory of the enemy in the course of war,
and which is denominated a government of
paramount force.
iii. That established as an independent
government by the inhabitants of a country
who rise in insurrection against the parent
state.
SOVEREIGNTY.
Definition:
The supreme power which governs a body
politic or society which constitute the state.17
It is supreme, the jus summi imperu, the
absolute right to govern.
Kinds:
a. Legal.
The possession of unlimited power to make
laws. 18This is lodge in the people.
b. Political.
The sum total of all the infuences in a State,
legal and non-legal, which determine the
course of law.
15 Philippine Constitutional Law principles and cases by Hector S. De
Leon, pp. 65.
16 Co Kim Chan vs. Valdez, 75 Phils. 113.
17 Laurel vs. Misa, G.R. No. 409, January 30, 1947.
18 Lambino vs. COMELEC, supra. See dissenting opinion of J. Puno.
6
 c. Internal. Territorial jurisdiction of a sovereign
State:
The supreme power over everything within its
territory. The power of the State over persons and things
within its territory.
d. External.
Exemptions:21
The freedom from external control or
independence. i. Foreign states, heads of state, diplomatic
representatives, and consuls to a certain
Essential characteristics:19 degree.

a. Permanent. ii. Foreign state property, including

embassies, consulates, and public vessels
It exist as long as the State exist. engaged in noncommercial activities.

b. Exclusive. iii. Acts of state.22

It cannot be restrained by law. iv. Foreign merchant vessels exercising the

rights of innocent passage or involuntary
c. Comprehensive. entry, such as arrival under stress.

It extends to all the persons, property, and v. Foreign armies passing through or
organizations within the boundaries of the stationed in its territory with its permission.
State.
vi. The United Nation and its organs
d. Absolute.
Instances when the sovereign power of
There is no other power that possesses equal the State may be exercised over its
or superior authority to it. national even beyond its territory
(extraterritorial):
e. Indivisible.
a. Assertion of its personal jurisdiction over its
It resides in the State as a single unit. nationals abroad.

f. Inalienable. b. The exercise of its rights to punish certain

offenses committed outside its territory against
Non-delegability of possession. its national interest even if the offenders are
nonresident aliens.
g. Imprescriptible.
c. By virtue of its relations with other states or
It is always present and it is not deemed territories, as when it establishes a colonial
suspended although the legitimate authority protectorate, or a condominium, or administers
cannot exercise acts of sovereignty. a trust territory, or occupies enemy territory in
the course of war.
Extent of the jurisdictional power of a
sovereign State:20 d. When the state waives its jurisdiction over
persons and things within its23territory, as when
a. The authority is exercised over its entire a foreign army stationed therein remains under
domain. the jurisdiction of the sending state.

b. There is no portion that is beyond its power.
c. Within its limits, its decrees are supreme, its
commands paramount. Its laws govern therein,
and everyone to whom it applies must submit to
its terms.
d. Its extent is territorial and personal.
19
Philippine Constitutional Law principles and cases, by Hector S.
De Leon, pp. 74-75.
20 People vs. Gozo, 53 SCRA 476.
e. By the principle of exterritoriality, as illustrate
by the immunities of the head of state in a
foreign state.
f. Through enjoyment of easements and
servitudes, such as easement of innocent
passage or arrival under stress.
21 Outline Reviewer in Political Law, supra., pp 35.
22
Underhill vs. Hernandez, 168 US 250. (compare with
extraterritorial, conflict of laws, extradition)
23 Outline Reviewer in Political Law, supra.,

7
 g. The exercise of jurisdiction by the state in the
high seas over its vessels, over pirates, in the
exercise of the rights to visits and search, and
under the doctrine of hot pursuit.
h. The exercise of limited jurisdiction over the
contiguous zone and the patrimonial sea, to
prevent infringement of its customs, fiscal,
immigration or sanitary regulations.
SELF DETERMINATION:24
Meaning:
i. To freely determine their political status
and freely pursue their economic, social, and
cultural development.
ii. A right to choose their own path of
development.25
3. STATE IMMUNITY FROM SUIT
Basis:
a. A state may not be sued without its consent is
one of the generally accepted principles of
international law that we have adopted as part
of the law of our land.
b. Based on the practical ground that there can
be no legal right as against the authority that
makes the law on which the right depends.27
c. It also rests on reasons of public policy -- that
public service would be hindered, and the public
endangered, if the sovereign authority could be
subjected to law suits at the instance of every
citizen and consequently controlled in the uses
and dispositions of the means required for the
proper administration of the government.28

iii. The right to determine the political, Different concepts of sovereign immunity:
cultural and economic content of their
development path within the framework of a. The classical or absolute theory.
the sovereignty and territorial integrity of the
Philippine Republic. A sovereign cannot, without its consent, be
made a respondent in the courts of another
iv. It refers to the need for a political sovereign.
structure that will respect the autonomous
peoples’ uniqueness and grant them sufficient b. The newer or restrictive theory.
room for self-expression and self-
construction. The immunity of the sovereign is recognized
only with regard to public acts or acts jure
Distinctions:26 imperii of a state, but not with regard to
private acts or acts jure gestionis.29
Internal self- External self-
determination determination Who are immune from suit?

A people’s pursuit of its i. The establishment of a a. The State.

political, economic, social sovereign and
and cultural development independent State. b. Other States.
within the framework of
an existing state. ii. The free association c. Heads of State.
or integration with an
independent State. d. State’s diplomatic agents.

iii. The emergence into e. Foreign agents.30

any other political status
freely determined by f. United Nations, its organs and specialized
a people. agencies.31

Purpose:

i. To assure unimpeded performance of their

functions.

27 Arigo vs. Swift, G.R. No. 206510, September 16, 2014.

28
Republic of the Philippines vs. Sandoval, G.R. No. 84607, March
24 The Province of North Cotabato vs. The Government of the 19, 1993.
Republic if the Philippines Peace Panel on Ancestral Domain, supra. 29 The Holy See vs. Rosario, Jr., G.R. No. 101949, December 1,
25 Disomangcop vs. Secretary of DPWH, G.R. No. 149848, 1994.
30 Minucher vs. Court of Appeals, G.R. No. 142396, February 11,
November 25, 2004.
26 The Province of North Cotabato vs. The Government of the 2003.
31 WHO vs. Aquino, 48 SCRA 242.
Republic if the Philippines Peace Panel on Ancestral Domain, supra.
8
 ii. To shield the affairs of international iii. When the action taken by the public
organizations, in accordance with official cannot be imputed to the government
international practice, from political pressure which he represents.38
or control by the host country to the
prejudice of member States of the iv. He violates or invades the personal and
organization. property rights of the plaintiff, under an
unconstitutional act or under an assumption
iii. To ensure the unhampered performance of authority which he does not have.
of their functions.
v. The public official acts without, or beyond
iv. To secure them legal and practical the scope of his, authority or in excess of the
independence in fulfilling their duties.32 powers vested in him.

g. International organizations/agencies.33 vi. A public official may be liable in his

personal private capacity for whatever
h. Unincorporated government agencies damage he may have caused by his act done
performing governmental functions.34 with malice and in bad faith.39

i. Public officers in the performance of their vii. It is sued in their personal capacities for
duty.35 committing a crime or tortious acts.

Instances of suing a public officer viii. There being fault or negligence

without the previous consent of the punishable by law or criminal in character,
State: whether intentional or voluntary or
negligent.40
i. To compel an act required by law.
ix. The acts are committed outside the
ii. To restrain from enforcing a law claimed to territory where she exercises such authority.41
be unconstitutional.
x. The acts are unlawful and injurious to the
iii. To compel payment of damages from an rights of others.42
already appropriated assurance fund.
j. The State enters into a contract in the
iv. To refund tax over-payments from a fund exercise of its governmental function or jus
already available for the purpose. imperii.43

v. To secure a judgment that the officer Exceptions (immunity from suit):

impleaded may satisfy by himself without the
government itself having to do a positive act Stated in simple parlance, the general rule is
to assist him. that the State may not be sued except when it
gives consent to be sued.44
vi. Where the government itself has violated
its own laws, as the doctrine of state Form of giving the State its consent to
immunity "cannot be used as an instrument be sued:
for perpetrating an injustice.36
i. Express consent.
Exceptions:
Where may an express consent to sue
i. Unauthorized acts by its government the State be embodied?
officials or officers.37
a. General law.
ii. Acting in his personal capacity.
b. Special law.

38 United States of America vs. Reyes, G.R. No. 79253 March 1,

1993.
32 39
Lasco vs. United Nations Revolving Fund for Natural Resources Shauf vs. Court of Appeals, G.R. No. 90314, November 27, 1990.
40 Wylie vs. Rarang, supra.
Exploration, G.R. Nos. 109095-109107 February 23, 1995.
33 41
Southeast Asian Fisheries Development Center vs. NLRC, 206 United States of America vs. Reyes, supra.
SCRA 283. 42 Lansang vs. Court of Appeals, G.R. No. 102667, February 23,
34 Farolan vs. Court of Appeals, 217 SCRA 298. 2000.
35 Larkins vs. NLRC, 241 SCRA 598. 43 The United States of America vs. Ruiz, G.R. No. L-35645 May 22,
36 Sanders vs. Veridiano, supra. 1985.
37 Republic of the Philippines vs. Sandiganbayan, G.R. No. 142476, 44 Municipality of San Fernando, la Union vs. Judge Firme, G.R. No.

March 20, 2001. L-52179, April 8, 1991.

9
 Instances: donation partakes of a contract, there is
no money claim, and therefore reliance on
i. May be passed to enable a person to Commonwealth Act No. 327 would be
sue the government for an alleged futile.53
quasi-delict.45
d. To avoid injustice to a citizen.54
ii. It can take the form of the original
charter of the incorporated government g. Unincorporated government agencies
agency.46 with power to transact private business.

iii. A government-owned or controlled Who are not included in the prohibition to

corporation with a separate juridical garnish or execute funds of the State?
personality with the capacity to sue and
be sued.47 a. Government owned and controlled
corporation.
Rationale:
Rationale:
ai. It has corporate powers separate
i. It has a personality of its own distinct and
and distinct from the Government.
separate from that of the Government.55
bii. Even as an entity performing
ii. Inasmuch as by engaging in a particular
governmental functions, by virtue of
business thru the instrumentality of a
the explicit provision of the afore
corporation, the government divests itself pro
cited enabling law, the Government
hac vice of its sovereign character, so as to
must be deemed to have waived
render the corporation subject to the rules of
immunity, although it does not
law governing private corporations.56
thereby concede its liability.
b. Non-corporate agency (proprietary function).
ciii. That statutoy law has given to
the private-citizen a remedy for the
Non-corporate agency, although considered
enforcement and protection of his
public in character, (primary function is
rights.48
proprietary) are not exempt from garnishment.57
iv. Municipal Corporations (local
Distinctions:58
government units).49***
Suability Liability
ii. Implied consent.50
a. Suability depends on a. Liability on the
Instances:
the consent of the state applicable law and the
to be sued. established facts.
a. The government has entered into a
contract in its proprietary or private
b. The circumstance that b. It can never be held
capacity.51
a state is suable does liable if it does not first
not necessarily mean consent to be sued.
b. When the State files a complaint, thus
that it is liable.
opening itself to a counterclaim.52
c. Liability is not
conceded by the mere
c. Breach of the conditions of a contract
fact that the state has
such as a donation. Here, this conclusion
allowed itself to be
is strengthened by the fact that while a
sued.
45 politan Manila Development Authority vs. D.M. Consunji, Inc.,
G.R. No. 222423, February 20, 2019.
46 German Agency for Technical Cooperation (GTZ) vs. Court of

Appeals, G.R. NO. 152318, April 16, 2009.

47 Philippine National Bank vs. Court of Industrial Relation, G.R. No.

L-32667, January 31, 1978.

48
Social Security System vs. Court of Appeals, G.R. No. L-41299
February 21, 1983.
49 Municipality of San Fernando, la Union vs. Jedge Firme, G.R. No.
L-52179, April 8, 1991. *** The non-liability of municipal
53 Santiago vs. Republic of the Philippins, supra.
54
Amigable vs. Cuenca, G.R. No. L-26400, February 29, 1972.
55 Philippine National Bank vs. Pabalan, G.R. No. L-33112, June 15,

corporations has been remedied by Section 24, R.A. 7160. 1978.

50 Municipality of San Fernando, la Union vs. Judge Firme, supra. 56 RCBC vs. De Castro, G.R. No. L-34548, November 29, 1988.
51 Mendoza vs. Department of Public Works and Highways, supra. 57 NHA vs. Quivelondo, G.R. No. 154411, June 19, 2003.
52 Municipality of San Fernando, la Union vs. Judge Firme, supra. 58 Froilan vs. Pan Oriental Shipping, Co., supra.

10
4. RELEVANCE OF THE DECLARATION OF
PRINCIPLES AND STATE POLICIES (ARTICLE
II, 1987 CONSTITUTION)
Relevance of the Declaration of Principles
and State Policies in the Constitution:
a. They are used by the judiciary as aids or as
guides in the exercise of its power of judicial
review, and by the legislature in its enactment
of laws.59
b. Their provisions command the legislature to
enact laws and carry out the purposes of the
framers who merely establish an outline of
government providing for the different
departments of the governmental machinery
and securing certain fundamental and
inalienable rights of citizens.
Self-executing provision of
Constitution:
Meaning:
i. A provision which is complete in itself and
becomes operative without the aid of
supplementary or enabling legislation.
ii. That which supplies sufficient rule by
means of which the right it grants may be
enjoyed or protected.
iii. The nature and extent of the right
conferred and the liability imposed are fixed
by the constitution itself, so that they can be
determined by an examination and
construction of its terms, and there is no
language indicating that the subject is
referred to the legislature for action.
Purpose of enacting legislation on a
self-executing provision of the
Constitution:
i. To facilitate the exercise of powers directly
granted by the constitution.
ii. Prescribe a practice to be used for its
enforcement.
iii. Provide a convenient remedy for the
protection of the rights secured or the
determination thereof.
iv. Place reasonable safeguards around the
exercise of the right.
59
Tanada vs. Angara, G.R. No. 118295, May 2, 1997.
Effect of enacting legislation on a self-
executing provision of the Constitution:
i. The mere fact that legislation may
supplement and add to or prescribe a penalty
for the violation of a self-executing
constitutional provision does not render such
a provision ineffective in the absence of such
legislation.
ii. The omission from a constitution of any
express provision for a remedy for enforcing
a right or liability is not necessarily an
indication that it was not intended to be self-
executing.
iii. The rule is that a self-executing provision
of the constitution does not necessarily
exhaust legislative power on the subject, but
any legislation must be in harmony with the
the constitution, further the exercise of
constitutional right and make it more
available.
iv. Subsequent legislation however does not
necessarily mean that the subject
constitutional provision is not, by itself, fully
enforceable.60
Non self-executing provision of the
Constitution:
Effect:
i. The provision does not contain any
judicially enforceable constitutional right.
ii. It merely specifies a guideline for
legislative or executive action.
iii. The disregard of the provision does not
give rise to any cause of action before the
courts.61
SECTION 1
Essence of democratic state:
a. It is broadening the space for direct
democracy unmistakably show the framers’
intent to give the Filipino people a greater say in
government.
b. The heart of democracy lies in the
majoritarian rule but the majoritarian rule is not
a mere game of dominant numbers.
c. Elections serve as a crevice in the democratic
field where voters, for themselves and the public
60 Manila Prince Hotel vs. GSIS, supra.
61
Pamatong vs. COMELEC, G.R. No. 161872, April 13, 2004.
11
 good, plant the seeds of their ideals and
freedoms.
d. It gives emphasis on the participation of
people in the government.
e. The aspects of direct democracy such as
initiative, referendum or recall, it was necessary
to emphasize the democratic portion of
republicanism, of representative democracy as
well.
f. To emphasize instances where the people
would act directly, and not through their
representatives.62
Republicanism:
Meaning:
i. It implies the adoption of a representative
type of government, necessarily points to the
enfranchised citizen as a particle of popular
sovereignty and as the ultimate source of the
established authority.63
ii. A republic is a representative government,
a government run by and for the people. It is
not a pure democracy where the people
govern themselves directly.
Manifestations:
i. The law is the only supreme power in our
system of government and to observe the
limitations which it imposes upon the exercise
of the authority which it gives.64
ii. Rule of majority (plurality of elections).
iii. Accountability of public officials.65
iv. Bill of Rights.66
v. Legislature cannot pass irrepealable laws.
vi. Separation of powers.
vii. Non-delegation of powers.
Republican government:
Character:
62
Tolentino vs. COMELEC, G.R. No. 148334, January 21, 2004. see
dissenting opinion of J. Puno.
63 Ching vs Bonachita-Ricablanca, G.R. No. 244828, October 12,
2020.
64 Villavicencio vs.Lukban, G.R. No. L-14639, March 25, 1919.
65 Article XI, 1987 Philippine Constitution.
66 Article III, ibid.
i. It is a responsible government whose
officials hold and discharge their position as a
public trust.
ii. At all times be accountable to the people'
they are sworn to serve.
Sovereignty that resides in the people:
Meaning:
i. Sovereignty is meant to be supreme, the
jus summi imperu, the absolute right to
govern.
ii. Not subject to law, for it is the author and
source of law.
iii. A final power of final legal adjustment of
all legal issues.
iv. In our system, while sovereign powers are
delegated to the agencies of government,
sovereignty itself remains with the people, by
whom and for whom all government exists
and acts.
Modes through which the people can
directly exercise their sovereign
authority:
i. Elections.
The people choose the representatives to
whom they will entrust the exercise of
powers of government.
ii. Plebiscite.
In a plebiscite, the people ratify any
amendment to or revision of the
Constitution and may introduce
amendments to the constitution.
iii. Initiative.
a. Whereby the people can directly
propose and enact laws.
b. In local initiative as the “legal process
whereby the registered voters of a local
government unit may directly propose,
enact, or amend any ordinance through an
election called for the purpose.
iv. Recall.
A method of removing a local official from
office before the expiration of his term
because of loss of confidence.
v. Referendum.
12

a. Whereby the people can approve or
reject any law or part thereof passed by
the Congress or local legislative body.
b. The people can approve or reject a law
or an issue of national importance.
c. In a local referendum, “the legal process
whereby the registered voters of the local
government units may approve, amend or
reject any ordinance enacted by
the sanggunian.”67
SECTION 2
Methods to become an international law
part of the sphere of domestic law:
a. The incorporation method.
Applies when, by mere constitutional
declaration, international law is deemed to
have the force of domestic law.
b. The transformation method.
Requires that an international law be
transformed into a domestic law through a
constitutional mechanism such as local
legislation.
Methods applicable in Philippine setting to
make an international law a law of the
land:
a. Article II, Section 2, which
the incorporation method.
Basis of applying the method of
incorporation to form part of the law of
the land:
It is wholly based on the generally accepted
principles of international law.
Meaning:
It refers to norms of general or customary
international law which are binding on all
states.
Requirements to fulfill a principle of law
as a product of subsidiary law-creating
process:
i. It must be a general principle of law as
distinct from a legal rule of more limited
functional scope.
67 Outline Reviewer in Political Laws, supra.
ii. It must be recognized by civilized nations.
iii. It must be shared by a fair number of
states in the community of nations.
Customary international law:
Meaning:
It consists of acts which, by repetition of
States of similar international acts for a
number of years, occur out of a sense of
obligation, and taken by a significant
number of States.
Elements:
i. The established, wide-spread, and
consistent practice on the part of the
States.
ii. A psychological element known
as opinion juris sive necessitatis (opinion
as to law or necessity). Implicit in the
latter element is a belief that the practice
in question is rendered obligatory by the
existence of a rule of law requiring it.
b. Article VII, Section 21, which covers the
transformation method.
In case of conflict between a statute and
international law (by incorporation):
Rule:
i. Municipal law should be upheld by the
embodies municipal courts for the reason that such
courts are organs of municipal law and are
accordingly bound by it in all circumstances.
ii. The fact that international law has been
made part of the law of the land does not
pertain to or imply the primacy of
international law over national or municipal
law in the municipal sphere.
iii. The doctrine of incorporation, as applied in
most countries, decrees that rules of
international law are given equal standing
with, but are not superior to, national
legislative enactments.
iv. The principle lex posterior derogat
priori takes effect — a treaty may repeal a
statute and a statute may repeal a treaty.68
68Secretary of Justice vs. Lantion, G.R. No. G.R. No. 139465,
January 18, 2000.
13
 SECTION 3
Civilian supremacy over military:
Instances:
i. The President is the commander-in-chief of
the Armed Forces. The Constitution reposes
final authority, control and supervision of the
AFP to the President, a civilian who is not a
member of the armed forces, and whose
duties as commander-in-chief represent only
a part of the organic duties imposed upon the
office, the other functions being clearly civil in
nature.
ii. Military appropriations are determined by
Congress.
iii. The Congress has the power to declare
the existence of a state of war.
iv. The Congress is also empowered to
revoke a proclamation of martial law or the
suspension of the writ of habeas corpus.
v. The approval of the Commission on
Appointments in the promotion of military
officers from the rank of colonel or naval
captain. 69
SECTION 4
The prime duty of the Government, of
which the President is the head:
The prime duty of the Government is to serve
and protect the people.
How will the government, thru the
President, execute its prime duty to serve
and protect the people?
a. The President is equipped with authority over
the Armed Forces of the Philippines (AFP), which
is the protector of the people and the state.
b. The Executive is constitutionally empowered
to maintain peace and order.
c. The Executive is constitutionally empowered
to protect life, liberty, and property.
d. The Executive is constitutionally empowered
to promote the general welfare.
e. In recognition of these powers, Congress has
specified that the President must oversee,
69
Ibid.
ensure, and reinforce our defensive capabilities
against external and internal threats and, in the
same vein, ensure that the country is adequately
prepared for all national and local emergencies
arising from natural and man-made disasters.
Who may be called to render personal and
military service?
All citizens are required to render personal and
military service. The following are part of the
Citizen Armed Forces:
i. Private citizens.
ii. Those who have retired from military
service.
The state has the right to impose a reasonable
condition that is necessary for national
defense.70
SECTION 6
Manifestations of the separation of the
church and state:
a. On the part of the State.
i. The State cannot set up a Church.
ii. It cannot pass laws which aid one religion,
aid all religion, or prefer one religion over
another.
iii. It cannot pass laws that will force nor
influence a person to go to or remain away
from church against his will or force him to
profess a belief or disbelief in any religion.
iv. The state cannot punish a person for
entertaining or professing religious beliefs or
disbeliefs, for church attendance or non-
attendance.
v. No tax in any amount, large or small, can
be levied to support any religious activity or
institution whatever they may be called or
whatever form they may adopt or teach or
practice religion.
vi. The state cannot openly or secretly
participate in the affairs of any religious
organization or group and vice versa.
vii. Its minimal sense is that the state cannot
establish or sponsor an official religion.
b. On the part of the Church.
70
Parreno vs. Commission on Audit, G.R. No. 162224, June 7, 2007.
14
 i. It limits what religious sects can or cannot
do.
ii. They cannot cause the government to
adopt their particular doctrines as policy for
everyone.
iii. They cannot cause the government to
restrict other groups.
iv. To do so, in simple terms, would cause the
State to adhere to a particular religion and,
thus, establish a state religion.
Purpose or effect of the giving
accommodation for the exercise of
religion:
a. To remove a burden on, or facilitate the
exercise of, a person's or institution's religion.
b. The government [may] take religion into
account to exempt, when possible, from
generally applicable governmental regulation
individuals whose religious beliefs and practices
would otherwise thereby be infringed.
c. To create without state involvement an
atmosphere in which voluntary religious exercise
may flourish.
Does accommodation violate the
separation of church and state?
The Filipino people in "imploring the aid of
Almighty God" manifested their spirituality
innate in our nature and consciousness as a
people, shaped by tradition and historical
experience. As this is embodied in the preamble,
it means that the State recognizes with respect
the influence of religion in so far as it instills into
the mind the purest principles of morality.
Moreover, in recognition of the contributions of
religion to society, the 1935, 1973 and 1987
Constitutions contain benevolent and
71
accommodating provisions towards religions.
Constitutional provisions containing
benevolent and accommodation towards
religions without violating the separation
of church and state:
a. Tax exemption of church property.72
b. Salary of religious officers in government
institutions.73
71
Re: Letter of Tony Q. Valenciano, A.M. No. 10-4-19-SC, March
07, 2017.
72 Section 28, Article VI, supra.
73 Section 29 (2), ibid.
c. Optional religious instructions in public
schools.74
d. Establishment of educational institutions by
religious groups and mission boards.75
Constitutional provisions that reinforce
the separation of church and state:
a. The freedom of religious clause.76
b. The prohibition on religious sect to be
registered as political party.77
c. The prohibition on religious sector to become
sectoral representative.78
d. The prohibition to appropriate for sectarian
benefit.79
SECTION 7
Paramount consideration in the pursuit of
an independent foreign policy:
a. National sovereignty.
b. Territorial integrity.
c. National interest.
d. The right to self-determination.80
SECTION 9
Objective of the State in promoting a just
and dynamic social order:
a. To ensure the prosperity and independence of
the nation.
b. To free the people from poverty.81
SECTION 10
Social justice:
Meaning:
i. It is "neither communism, nor despotism,
nor atomism, nor anarchy," but the
humanization of laws and the equalization of
social and economic forces by the State so
that justice in its rational and objectively
74 Section 3 (3), Article XIV, supra.
75
Section 4 (2), Article XIV, supra.
76 Section 5, Article III, supra.
77 Section 2(5), Article IX-C, supra.
78 Secion 5(2), Article VI, supra.
79 Section 29(2), ibid.
80 Section 7, Article II, supra.
81 Section 9, Article II, supra.
15
 secular conception may at least be
approximated.
ii. It means the promotion of the welfare of
all the people.
ii. The adoption by the Government of
measures calculated to insure economic
stability of all the competent elements of
society, through the maintenance of a proper
economic and social equilibrium in the
interrelations of the members of the
community.
iv. Constitutionally, through the adoption of
measures legally justifiable, or extra-
constitutionally, through the exercise of
powers underlying the existence of all
governments on the time-honored principle of
salus populi est suprema lex.
Limitations in invoking social justice:
a. It cannot invoked to trample on the rights of
property owners.
b. It was not intended to take away rights from
a person and give them to another who is not
entitled thereto.
c. It cannot nullify the law on obligations and
contracts, and is, therefore, beyond the power
of the Court to grant.82
SECTION 12
Meaning of Parens patriae:
a. The "father of his country", and refers to the
State as a last-ditch provider of protection to
those unable to care and fend for themselves.
b. The default state responsibility to look after
the defenseless.83
SECTION 14
Constitutional provisions protecting
women:
82
Salonga vs. Farrales, G.R. No. L-47088 July 10, 1981.
83Maynilad Water Services, Inc. vs. Secretary of DENR, G.R. No.
202897, August 6, 2019.
a. The State to ensure, at all times, the
fundamental equality before the law of women
and men.84
b. The State shall afford full protection to labor
and to promote full employment and equality of
employment opportunities for all, including an
assurance of entitlement to tenurial security of
all workers.85
c. Section 14 of Article XIII mandates that the
State shall protect working women through
provisions for opportunities that would enable
them to reach their full potential.
SECTION 18
Extent of the protection to labor:
a. The promotion of employment.
b. Under the welfare and social justice
provisions of the Constitution, the government’s
constitutional duty to provide mechanisms for
the protection of our workforce, local or
overseas.
c. An employment be, above all, decent, just,
and humane.
d. The Government is duty-adequate protection,
personally and economically, while away from
home.86
e. A qualified disabled employee should be given
the same terms and conditions of employment
as a qualified able-bodied person not as a
matter of compassion but as a consequence of
law and justice.87
SECTION 19
Self-reliant and independent economic order
What does the constitutional policy of a
“self-reliant and independent national
economy contemplate?
a. It is neither "economic seclusion" nor
"mendicancy in the international community."
b. It recognizes the need for business exchange
with the rest of the world on the bases of
equality and reciprocity.
c. It limits protection of Filipino enterprises only
against foreign competition and trade practices
that are unfair.
84 Section 14, Article II, supra.
85 Section 3, Article XIII, supra.
86 JMM Promotion and Management vs. Court of Appeals, G.R. No.
120095 August 5, 1996.
87 Bernardo vs. NLRC, G.R. No. 122917 July 12, 1999.
16
 d. The Constitution did not intend to pursue an
isolationist policy.
e. It did not shut out foreign investments, goods
and services in the development of the
Philippine economy.
f. While the Constitution does not encourage the
unlimited entry of foreign goods, services and
investments into the country, it does not prohibit
them either.
g. Furthermore, the constitutional policy of a
"self-reliant and independent national
economy" does not necessarily rule out the
entry of foreign investments, goods and
services.88
a. The State recognizes and promotes the rights
of indigenous cultural communities within the
framework of national unity and development.
(Sec. 22, Article II)
b. The election of the indigenous people’s
organization as party-list representative through
party-list system. (Sec. 5, Art. V)
c. The protection to their ancestral lands to
ensure their economic, social, and cultural well-
being.
d. The applicability of customary laws governing
property rights or relations in determining the
ownership and extent of ancestral domain, as
provided by Congress. (Sec. 5, Art. XII)

e. The application of the principles of agrarian

SECTION 22 reform or stewardship subject to the rights of
indigenous communities to their ancestral lands.
Rights of Indigenous Peoples: (Sec. 6, Art. XIII)

a. The rights to maintain their cultural integrity. f. To preserve and develop their cultures,
traditions, and institutions. It shall consider
b. To benefit from the economic benefits of their these rights in the formulation of national plans
ancestral domains and lands. and policies. (Sec. 17, Art. XIV)
g. The creation, by law, of consultative body to
Provided the exercise of these rights is
advise the President on policies affecting
consistent with protection and promoting equal
indigenous cultural communities, the majority of
rights of the future generations of IP’s.
the members of which shall come from such
communities. (Sec. 12, Art. XVI)
The different levels of legal system
recognizing Indigenous Peoples’ rights: Does criminal prosecution yield to
indigenous peoples' customary laws and
a. The Constitution. practices in resolving disputes?
b. The statutes like IPRA. It is improper for the State to yield "disputes"
involving criminal offenses
c. The sundry administrative regulations which to indigenous peoples' customary laws and
seek to reconcile the regalian doctrine and the practices.
civilist concept of ownership with
the indigenous peoples' sui generis ownership of Reason:
ancestral domains and lands.
i. To yield criminal prosecution would be to
d. The international covenants like the United disregard the State and the Filipino people as
Nations Declaration on the Rights the objects of criminal offenses.
of Indigenous Peoples, of which our country is a
signatory. ii. Yielding prosecution would mean
sanctioning a miscarriage of justice.
e. Philippine and international
jurisprudence which identifies the forms and iii. Nowhere in the Indigenous Peoples' Rights
contents of IP rights.89 Act does it state that courts of law are to
abandon jurisdiction over criminal
Constitutional provisions which insure the proceedings in favor of mechanisms applying
right of tribal Filipinos (indigenous cultural customary laws.
communities) to preserve their way of life:

88Tanada vs. Angara, G.R. No. 118295 May 2, 1997.

89Sama vs. People of the Philippines, G.R. No. 224469, January 5,
2021.
17
 SECTION 24
Recognition of the State of the vital role of
communication and information in nation
building:
a. Dictated by the objective of government to
promote the rapid expansion of
telecommunications services in all areas of the
Philippines.
b. To maximize the use of telecommunications
facilities available.
c. To ensure that all users of the public
telecommunications service have access to all
other users of the service wherever they may be
within the Philippines at an acceptable standard
of service and at reasonable cost.
e. The decisive considerations are public need,
public interest, and the common good.90
SECTION 26
Why is the State policy on equal access of
opportunity for public service considered
to be a non-self-executing provision of the
Constitution?
a. The provision is not intended to compel the
State to enact positive measures that would
accommodate as many people as possible into
public office.
b. The approval of the “Davide amendment”
indicates the design of the framers to cast the
provision as simply enunciatory of a desired
policy objective and not reflective of the
imposition of a clear State burden.
c. The privilege of equal access to opportunities
to public office may be subjected to limitations.91
SECTION 28
Reasons on the State policy on full public
disclosure as self-executory:
a. A recognition of the fundamental role of free
exchange of information in a democracy.
b. There can be no realistic perception by the
public of the nation's problems, nor a meaningful
democratic decision-making if they are denied
access to information of general interest.
c. Information is needed to enable the members of
society to cope with the exigencies of the times.
90 Philippine Telegraph & Telephone Corp. vs. Smart
Communications, Inc., G.R. No. 189026, November 9, 2016.
91 Pamatong vs. COMELEC, G.R. No. 161872, April 13, 2004.
d. As has been aptly observed: "Maintaining the
flow of such information depends on protection for
both its acquisition and its dissemination since, if
either process is interrupted, the flow inevitably
ceases.
5. DYNAMICS AMONG THE BRANCHES OF
GOVERNMENT
Principles of separation of powers:
a. The principle of separation of powers refers to
the constitutional demarcation of the three
fundamental powers of government.
b. It means that the Constitution has blocked
out with deft strokes and in bold lines, allotment
of power to the executive, the legislative and
the judicial departments of the government.
c. Each department of the government has
exclusive cognizance of matters within its
jurisdiction, and is supreme within its own
sphere.
d. Thus, "the legislature has no authority to
execute or construe the law, the executive has
no authority to make or construe the law, and
the judiciary has no power to make or execute
the law.
Purpose of the principle of separation of
powers:
a. To avoid concentration of these powers in any
one branch.
b. It would avoid any single branch from lording
its power over the other branches or the
citizenry.92
c. To secure action and at the same time to
forestall overaction which necessarily results
from undue concentration of powers.
d. To obtain efficiency and prevent deposition.93
e. To forestall, restrain or arrest a possible or
actual misuse or abuse of powers by the other
departments.94
Ways to violate the principle of separation
of powers:
a. Impermissible interference with another
department’s functions.
92 Belgica vs. The Honorable Executive Secretary, supra..
93 Pangasinan Transportation Co., Inc. vs. The Public Service
Commission, G.R. No. 47065, June 26, 1940.
94 Javellana vs. Executive Secretary, G.R. No. L-36142 March 31,
1973
18
 One branch may interfere impermissibly with
the other’s performance of its constitutionally
assigned function.
b. Assumption of another department‘s
functions.
The doctrine may be violated when one
branch assumes a function that more
properly is entrusted to another.95
The operation of the separate powers of
the branches of the government with
respect to other departments:
a. That each branch of government is supreme
in its own sphere does not, however, mean that
they no longer interact with or are isolated from
one another in the exercise of their respective
duties.
b. It is a rule that operates hand in hand with
arrangements that allow the participation of one
branch in another branch's action under the
system of checks and balances that the
Constitution itself provides.96
c. The Constitution has provided for an
elaborate system of checks and balances to
secure coordination in the workings of the
various departments of the government.97
d. It has established a republican government
intended to operate and function as a
harmonious whole, under
a system of checks and balances, and subject to
specific limitations and restrictions provided in
the said instrument.
Purpose of the system of check and
balance:
a. To ensure public accountability.
b. To guard against the tyrannical concentration
of power.
Meaning of the moderating power of the
court:
To determine the proper allocation of powers of
the different branches of government and to
direct the course of government along
constitutional channels is inherent in all
courts as a necessary consequence of the
judicial power itself. It involves the delicate
exercise of pronouncing an act of a branch or an
95 Belgica vs. The Honorable Executive Secretary, supra.
96 Intellectual Property Association of the Philippines vs. Ochoa,
G.R. No. 204605, July 19, 2016.See. Separate concurring opinion of
J. Brion.
97 Francisco vs. The House of Representatives,supra.
instrumentality of government unconstitutional,
at the risk of supplanting the wisdom of the
constitutionally appointed actor with that of the
judiciary.98
Meaning of delegation of power:
It is based on the ethical principle that such as
delegated power constitutes not only a right but
a duty to be performed by the delegate through
the instrumentality of his own judgment and not
through the intervening mind of another.
6. ADMINISTRATIVE LAW
GENERAL PRINCIPLES:99
Meaning:
The branch of public law which fixes the
organization and determines the competence
of administrative authorities and indicates to
the individual remedies for the violation of his
rights.
Kinds:
i. Statutes setting up administrative
authorities.
ii. Rules, regulations or orders of such
administrative authorities promulgated
pursuant to the purposes for which they were
created.
iii. Determinations, decisions and orders of
such administrative authorities made in the
settlement of controversies arising in their
particular fields.
iv. Body of doctrines and decisions dealing
with the creation, operation and effect of
determinations and regulations of such
administrative authorities.
Administration:
Meaning:
a. As a function:
The execution, in nin-judicial matters,
of the law or will of the State as
expressed by competent authority.
b. As an organization:
That group or aggregate of persons in
whose hands the reins of government
are for the time being.
98
Francisco vs. The House of Representatives, supra.
99 Online Reviewer in Political Law, supra.
19

Kinds:
a. Internal:
Legal side of public administration.
Instance:
Matters concerning personnel, fiscal
and planning activities.
b. External:
Deals with problems of government
regulations.
Instances:
Regulation of lawful calling
profession, industries or business.
ADMINISTRATIVE BODIES
AGENCIES/QUASI-JUDICIAL BODIES:
Meaning:100
A quasi-judicial agency or body is an organ of
government other than a court and other
than a legislature, which affects the rights of
private parties parties through either
adjudication or rule-making.
Types: 101
i. Agencies created to function in situations
wherein the government is offering some
gratuity, grant, or special privilege, like the
Philippine Veterans Administration.
ii. Agencies set up to function in situations
wherein the government is seeking to carry
on certain government functions, like the
Bureau of Internal Revenue.
iii. Agencies set up to function in situations
wherein the government is performing some
business service for the public, like
Metropolitan Waterworks & Sewerage
Authority.
iv. Agencies set up to function in situations
wherein the government is seeking to
regulate business affected with public
interest, like Office of the Insurance
Commissioner.
v. Agencies set up to function in situations
wherein the government is seeking under the
100
PRC vs. Alo, G.R. No. 214435, February 14, 2022.
101
The Presidential Anti-Dollar Salting Task Force vs. Court of
Appeals, G.R. No. 83578, March 16, 1989.
police power to regulate private business and
individuals, like the Securities & Exchange
Commission.
vi. Agencies set up to function in situations
wherein the government is seeking to adjust
individual controversies because of some
strong social policy involved, such as the
National Labor Relations Commission.
vii. Agencies set up to make the government
a private party, like the GSIS.
Powers:102
i. Quasi-legislative or rule making power or
power of subordinate legislation:
Meaning:
or
The authority delegated by the lawmaking
body to the administrative body to adopt
OR rules and regulations intended to carry out
the provisions of law and implement
legislative policy.
Kinds:103
a. Interpretative rule:
Meaning:
Promulgated by the administrative
agency to interpret, clarify or explain
statutory regulations under which the
administrative body operates.
b. Suppletory or detailed legislation:104
Rules and regulations that "fix the
details in the execution and
enforcement of a policy set out in the
law"
c. Contingent legislation:105
The power to ascertain facts necessary
to bring the law into actual operation.
Requisites:106
a. Its promulgation must be authorized by
the Legislature.
102 Alliance for the Family Foundation, Philippines, Inc. (ALFI) vs.
Garin, G.R. No. 217872, April 26, 2017.
103 Commissioner of Internal Revenue vs. Court of Appeals, G.R. No.
119761, August 29, 1996. See. Separate opinion of J. Bellosillo
104 ABAKADA Guro Pary-list vs. Purisima, G.R. No. 166715,
August 14, 2008. See footnote 63.
105 Lagman vs. Ochoa, Jr., G.R. No. 197422, November 3, 2020.
106 Lokin, Jr. vs. COMELEC, G.R. No. 179431-32, June 22, 2010.
20
 b. It must be within the scope of the various issues involved, and the reason
authority given by the Legislature. for the decision rendered.

c. It must be promulgated in accordance Administrative appeal and review:

with the prescribed procedure.
Rule:
d. It must be reasonable.
ai. Where a law has delineated the
ii. Quasi-judicial or adjudicatory power: procedure by which administrative
appeal or remedy could be effected,
Meaning: the same should be followed before
recourse to judicial action can be
To determine questions of fact to which initiated.108
the legislative policy is to apply, in
accordance with the standards laid down bii. Administrative appeal to the
by the law itself. It involves the exercise of President was the final step in the
discretion in determining the rights and administrative process and thus a
liabilities of the parties. condition precedent to a judicial
appeal.109
Elements:
Administrative res judicata:
a. Jurisdiction which must be acquired by
the administrative body. Meaning:

b. The observance of the requirements of ai. The rule which forbids the
due process, that is, the right to notice reopening of a matter once judicially
and hearing. determined by competent authority
applies.
Administrative due process:
bii. It has been declared that
Requisites:107 whenever final adjudication of
persons invested with power to
i. The right to a hearing, which includes decide on the property and rights of
the right to present one's case and the citizen is examinable by the
submit evidence in support thereof. Supreme Court, upon a writ of error
or a certiorari, such final adjudication
ii. The tribunal must consider the may be pleaded as res judicata.
evidence presented.
Requisites to apply res
iii. The decision must have something judicata in citizenship
to support itself. proceedings:

iv. The evidence must be substantial. aai. A person's citizenship must

be raised as a material issue in
v. The decision must be rendered on a controversy where said
the evidence presented at the hearing, person is a party.
or at least contained in the record and
disclosed to the parties affected. bbii. The Solicitor General or
his authorized representative
vi. The tribunal or body or any of its took active part in the
judges must act on its or his own resolution thereof.
independent consideration of the law
and facts of the controversy and not cciii. The finding or citizenship
simply accept the views of a is affirmed by this Court.
subordinate in arriving at a decision.
Judicial recourse and review:
vii. The board or body should, in all
controversial questions, render its Doctrine of primary
decision in such a manner that the administrative jurisdiction:
parties to the proceeding can know the

107 108
Alliance for the Family Foundation, Philippines, Inc. (ALFI) vs. Garcia vs. Court of Appeals, G.R. No. 100579, June 6, 2001.
109
Garin, supra. Valencia vs. Court of Appeals, G.R. No. 122363, April 29, 2003.
21
 Meaning:
ia. It precludes trial courts from
resolving a controversy involving
a question that is within the
exclusive jurisdiction of an
administrative tribunal. 110
iib. If an administrative tribunal
has jurisdiction over a sought.
controversy, courts should not
resolve the issue even if it may be
within its proper jurisdiction. This
is especially true when the
question involves its sound
discretion requiring special
knowledge, experience, and
services to determine technical
and intricate matters of fact.
iiid. It refers to the competence of
a court to take cognizance of a
case at first instance.111
ive. Jurisdiction lies exclusively
with the administrative agency to
act on a quasi-judicial matter.112
vif. Courts cannot or 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.113
Doctrine of exhaustion
administrative remedies:
Meaning: 114
ia. An administrative decision
must first be appealed to the
administrative superiors at the
highest level before it may be
elevated to a court of justice for
review.
iib. It is a pre-condition that he
should have availed himself of all
the means of administrative
processes afforded him.
110
Department of Finance vs. Dela Cruz, Jr., G.R. No. 209331,
August 24, 2015. See dissenting opinion of J. Leonen.
111
Republic of the Philippines vs. Felix, G.R. No. 203371, June 30,
2020. See separate opinion of J. Caguioa
112 National Federation of Hog Farmers, Inc. vs. Board of Investment,
G.R. No. 205835, June 23, 2020.
113 Kilusang Mayo Uno vs. Aquino III, G.R. No. 210500, April 2,
2019.
114 Buston-Arendain vs. Gil, G.R. No. 172585, June 26, 2008.
iiic. If a remedy within the
administrative machinery can still
be resorted to by giving the
administrative officer concerned
every opportunity to decide on a
matter that comes within his
jurisdiction, then such remedy
should be exhausted first before
the court's judicial power can be
Exceptions:
ia. Where there is estoppel on the
part of the party invoking the
doctrine.
iib. Where the challenged
administrative act is patently
illegal, amounting to lack of
jurisdiction.
iiic. Where there is unreasonable
delay or official inaction that will
irretrievably prejudice the
complainant.
ivd. Where the amount involved
is relatively so small as to make
the rule impractical and
oppressive.
ve. Where the question involved
is purely legal and will ultimately
have to be decided by the courts
of justice.
of
vif. Where judicial intervention is
urgent.
viig. Where the application of the
doctrines may cause great and
irreparable damage.
viiih. Where the controversial acts
violate due process
ixi. Where the issue of non-
exhaustion of administrative
remedies has been rendered
moot.
xj. Where strong public interest is
involved.
xik. In quo warranto
proceeding.115
xiil. when the respondent is a
department secretary whose acts
as an alter ego of the President
115 Ejera vs. Merto, supra.
22
 bears the implied and assumed
approval of the latter.
xiiim. When to require exhaustion
of administrative remedies would
be unreasonable.
xivn. When it would amount to a
nullification of a claim.
xvn. When the subject matter is a
private land in land
proceedings.
xvo. When the rule does not
provide a plain, speedy
adequate remedy.
Illustrated by the power of assessment
of the BIR or BOC.
c. Examining or investigatory:117
This power allows the administrative
body to inspect the records and
premises, and investigate the activities,
of persons or entities coming under its
jurisdiction, or to require disclosure of
case information by means of accounts,
records, reports, testimony of
witnesses, production of documents or
otherwise.
and
b. Dispensing:

xvip. Where no administrative To exempt from a general prohibition,

review is provided by law. or relieve an individual or corporation
from an affirmative duty.
xviiq. Where the rule of qualified
political agency applies.116 e. Summary:
Doctrine of finality of The power to apply compulsion or force
administrative action: against persons or property to
effectuate a legal purpose without a
Meaning: judicial warrant to authorize such
action, like the abatement of nuisances.
Prior to the completion or finality
of the action of an
admininistartive agency, courts
will not interfere with it for the
reason that absent a final order or
decision, power has not yet been
fully and finally exercised, and
there can usually be no
irreparable harm at that point.

iii. Determinative powers:

Meaning:

To better enable the administrative body

to exercise its quasi judicial authority.

Classifications/kinds:

a. Enabling:

Those that permit the doing of an act

which the law undertakes
to regulate and which would be
unlawful with government
approval. The most common example is
the issuance of licenses to engage in a
particular business or occupation.

b. Directing:

116Hongkong & Shanghai Banking Corporation, Ltd. vs. G.G.

Sportswear Manufacturing Corporation, G.R. No. 146526, May 5,
117
2006. Colmenares vs. ERC, G.R. No. 210245, August 3, 2021.
23
 II. LEGISLATIVE DEPARTMENT

1. LEGISLATIVE POWER ii. Delegation of emergency powers to the

President under Section 23 (2) of Article VI of
NATURE: the Constitution.

a. It is plenary, subject only to such limitations,
as are found in the Republic's Constitution.118
b. It is derivative.
c. It is delegated.
PLENARY CHARACTER:
a. The Congress may legislate on any subject
matter.119
b. Any power, deemed to be legislative by usage
and tradition, is necessarily possessed by the
Philippine Congress.120
c. It is a comprehensive legislative power, which
power encompasses all matters not expressly or
by necessary implication withdrawn or removed
by the Constitution from the ambit of legislative
action.121
iii. Delegation to the people at large.
iv. Delegation to local governments.
v. Delegation to administrative bodies.124
Tests to determine valid delegation:
i. The completeness test.
It requires the law to be complete in all its
terms and conditions, such that the only
thing the delegate will have to do is to
enforce it.
ii. The sufficient standard test.
It requires adequate guidelines or
limitations in the law that map out the
boundaries of the delegate's authority and
canalize the delegation.125

d. It is broad, general and comprehensive.

Except as limited by the Constitution, either
expressly or impliedly.

e. It embraces all subjects and extends to all

matters of general concern or common
interest.122

KINDS:

a. Original legislative power.

It is possessed by the sovereign people.

b. Derivative and delegated legislative power.

It is that which has been delegated by the

sovereign people to legislative bodies and is
subordinate to the original power of the
people.123

Limitations or exceptions in the non-

delegability of legislative power:

i. Delegation of tariff powers to the President

under Section 28 (2) of Article VI of the
Constitution.

118 Vera vs. Avelino, G.R. No. L-543, August 31, 1946.
119
Constitutional Structures and Powers of Government, by Joaquin
Bernas, page 46.
120 Vera vs. Avelino, supra.
121 Imbong vs. COMELEC, supra.
122 124
Kida vs Senate of the Philippines, G.R. No. 196271, October 18, ABAKADA Guro Party List vs. Executive Secretary, supra.
125
2011. Soriano vs. Secretary of Finance, G.R. No. 184450, January 24,
123 Garcia vs. COMELEC, G.R. No. 111230, September 30, 1994. 2017.
24
 Distinctions:

Law -making Law-execution

a. It has the discretion to a. It has the discretion

determine what the law how the law shall be
should be. enforced.

b. The law has a valid b. The power to fill in

delegation of legislative the details in the
power. execution, enforcement,
or administration of a
law.

c. The law must be c. When it reaches the

complete in all its terms delegate, the only thing
and conditions when it he or she will have to do
leaves the legislature. is to enforce it.

d. The policy to be d. All the terms and

executed, carried out, or provisions of the law
implemented by the must leave nothing to
delegate must be set forth the delegate except to
therein. implement it.

e. It mandates that there e. There are boundaries

should be adequate of the delegate's
guidelines or limitations in authority.
the law.

f. The standard specifies f. Enforcement of a

the limits of the delegate's delegated power may
authority, announce the only be effected in
legislative policy, and conformity with a
identify the conditions sufficient standard,127
under which it is to be
implemented.

g. The legislative g. What is left is simply

determination of what
public policy demands.
the ascertainment of
what the facts of the
case require to be done
according to the terms
of the law by which he is
governed.

h. The efficiency of an Act h. the ascertainment of

as a declaration of the contingency upon
legislative will must, of which the Act shall take
course, come from effect may be left to
Congress. such agencies as it may
designate.128

i. A joint act of the i. The executive branch

Legislature and of the acquires the duties and
Executive.126 powers to execute the
said law.

126 ABAKADA Guro Party List vs. Purisima, G.R. No. 166715,
August 14, 2008.
127 Venus Commercial Co., Inc. vs. the Department of Health, G.R.

No. 240764, November 18, 2021.

128 ABAKADA Guro Party List vs. Executive Secretary, supra.

25
 What is subordinate legislation? c. Able to read and write.

The executive branch or the concerned d. A registered voter.

administrative agency when it formulates
rules and regulations implementing the law is
to fill up details (supplementary rule-making)
or ascertain facts necessary to bring the law
into actual operation (contingent rule-
making).129
e. A resident of the Philippines for not less than
two years immediately preceding the day of the
election.132***
HOUSE OF REPRESENTATIVES

Matters delegated by the Congress to Kinds:

the administrative bodies:
a. District representatives.
i. The power to ascertain facts.
The members who shall be elected from
ii. The power to determine certain facts or legislative districts.
conditions, or the happening of
contingencies, on which the operation of a b. Party-list representatives.
statute is, by its terms, made to depend. 130
Those who shall be elected through a party-
2. BICAMERAL CONGRESS list system of registered national, regional,
and sectoral parties or organizations.
Types of election for members of
Congress:131 Effects of being elected as district or
party-list representative:
a. Regular.
a. Both are treated in like manner.
It is held every second Monday of May.
b. They have the same deliberative rights,
Exception: salaries, and emoluments.

Unless otherwise provided by law. c. They can participate in the making of laws
that will directly benefit their legislative districts
b. Special. or sectors.

Purpose: d. They are also subject to the same term

limitation of three years for a maximum of three
It is called to fill vacancy in the Congress. consecutive terms.133

Manner: Qualifications:

In the manner prescribed by law. a. Citizenship:

Term: Natural-born citizen of the Philippines.

The elected shall serve only the unexpired b. Age:

term.
At least 25 years of age on the day of the
election.
SENATE
Exception:
Qualifications:
A nominee of a youth sector who should
a. Natural-born citizen of the Philippines. not be more than 30 years old on the day
of the election.
b. At least thirty-five years of age on the day of
the election. c. Able to read and write.

d. A registered voter.
129 Maritime Industry Authority vs. COA, G.R. No. 185812, January
132
13, 2015. Section 3, ibid. *** Constitutional standard qualification. It is not
130 ABAKADA Guro Party List vs. Executive Secretary, supra. exclusive.
131 Sections 8 and 9, Article VI, supra. 133 Ibid.

26
 e. Residency: A. DISTRICT REPRESENTATIVES

District Representatives: Legislative apportionment:

A resident in the district where he shall be Meaning:

elected for a period of not less than one year
immediately preceding the day of the i. The determination of the number of
election. representatives which a State, county or
other subdivision may send to a legislative
Party-list Representatives: body.

A resident of the Philippines for not less than ii. It is the allocation of seats in a legislative
one year immediately preceding the day of body in proportion to the population.
the election.
iii. The drawing of voting district lines so as
Membership: to equalize population and voting power
among the districts.137
In case of party-list representatives, a
bona fide member of the party of Rules/mechanics:
organization which he seeks to represent
for at least 90 days preceding the day of i. Apportioned among the provinces, cities,
the election.134 and the Metropolitan Manila area in
accordance with the number of their
Meaning of residence for political respective inhabitants.
purposes:
ii. On the basis of a uniform and progressive
The term "residence" is to be understood as ratio.
"domicile" or legal residence.135
iii. Each legislative district shall comprise, as
Kinds: far as practicable, continuous, compact, and
adjacent territory.
i. Domicile of origin.
iv. Each city with a population of at least two
Acquired by every person at birth. It is hundred fifty thousand, or each province,
usually the place where the child’s parents shall have at least one representative.
reside and continues.
v. Within three years following the return of
ii. Domicile of choice. every census, the Congress shall make a
reapportionment of legislative districts based
The abandonment of domicile of origin by on the standards provided in this section
acquisition of new domicile. (Section 5, Article VI).

Elements: Emphasis/standard/criteria of a legislative

apportionment:
i. The fact of residing or physical presence in
a fixed place. a. The number of people represented.

ii. Animus manendi, or the intention of b. The uniform and progressive ratio to be
returning there permanently.136 observed among the representative districts.

c. The accessibility and commonality of interests

in terms of each district being, as far as
practicable, continuous, compact and adjacent
territory.138

134 Sections 2 and 6, Article VI, supra.; R.A. No.7941.

135 Coquilla vs. COMELEC, G.R. No. 151914, July 31, 2002.
136 Romualdez-Marcos vs. COMELEC, G.R. No. 119976, September 137 Bagabuyo vs. COMELEC, G.R. No. 176970, December 08, 2008.
138
18, 1995. Sema vs. COMELEC, supra.
27
 Distinctions:
Legislative districts
a. It is a political unit.
b. It is the basis for the
election of a member of
the House of
Representatives and
members of the local
legislative body.
c. It may or may not
encompass the whole of a
city or a province.
d. It has no distinct and
separate juridical
personality from the State
e. It does not act for and
in behalf of the people
comprising the district.
f. It merely delineates the
areas occupied by the
people who will choose a
representative in their
national affairs.
g. A district does not have
its own chief executive.
h. The elected
congressman ensures that
the voice of the people of
the district is heard in
Congress.
i. Not being a corporate
unit also signifies that it
has no legal personality
that must be created or
dissolved and has no
capacity to act.
j. There is no need for any
plebiscite in the creation,
dissolution or any other
similar action on a
legislative district.
k. Historically and by its
intrinsic nature, a defines them as entities
legislative apportionment
does not mean, and does
not even imply, a division
of a local government unit
where the apportionment
takes place.
Reapportionment:
Local government Meaning:
units
The realignment or change in legislative
a. It is a political districts brought about by changes in
subdivision. population and mandated by the
constitutional requirement of equality of
b. Through which representation.139
functions of government
are carried out. Standard in terms of people represented:
a. Every city with at least 250,000 people.
Rule:
c. It encompasses the
whole city or province.
i. The 250,000 minimum population
requirement for cities is limited only to
d. It has a distinct and its initial legislative district.
separate juridical
personality from the ii. It does not have to increase its population
State. by another 250,000 to be entitled to
an additional district.
e. It exercises special
functions for the sole iii. The 250,000 population benchmark was
benefit of its constituents. used for the 1986
nationwide apportionment of legislative
f. They are the territorial districts among provinces, cities and
and political subdivisions Metropolitan Manila.
of the state. iv. The requirement of 250,000 inhabitants
was not taken as an absolute minimum for
one legislative district.
g. It has its own chief
v. The population figure was used to
executives.
determine how many districts a province,
city, or Metropolitan Manila should
h. It acts as an agency of
the community in the
have. Simply discernible too is the fact that,
administration of local for the purpose, population had to be the
affairs. determinant.
b. Every province (irrespective of population) is
i. They possess legal entitled to one representative.140
personality on the
authority of the Gauge of representation:
Constitution and by action
of the Legislature. All that the Constitution requires is that every
legislative district should comprise, as far as
practicable, contiguous, compact, and adjacent
j. The creation, division, territory.141
merger, abolition or
alteration of boundaries of Contiguous:
local government units
through a plebiscite. Meaning:
k. The Constitution
a. In physical contact.
that Congress can, by law,
b. Touching along all or most of one side.
create, divide, abolish,
merge or whose
boundaries can be altered. c. Near, [n]ext, or adjacent.
139 Bagabuyo vs. COMELEC, supra.
140 Aquino III vs. COMELEC, G.R. No. 189793, April 7, 2010.
141 Bagabuyo vs. COMELEC, supra.
28
 d. It is only used when it describes Instances:
physical contact, or a touching of sides of
two solid masses of matter. i. Labor.

Gerrymandering: ii. Peasant.

Meaning: iii. Fisherfolk.

The formation of one legislative district iv. Urban poor.

out of separate territories for the
purpose of favoring a candidate or a v. Indigenous cultural communities.
party. A term employed to describe an
apportionment of representative vi. Handicapped.
districts so contrived as to give an
unfair advantage to the party in vii. Veterans.
power.142
viii. Overseas workers.

B. PARTY-LIST REPRESENTATIVES ix. Other similar sectors.

Meaning: Requirements:

The party-list system is a mechanism of i. A majority of the members of the sectoral

proportional representation in the election of
representatives to the House of Representatives
from national, regional and sectoral parties or
organizations or coalitions thereof registered
with the Commission on Elections (COMELEC).
Composition:
The party-list system is composed
different groups:
a. National parties or organizations.
party must belong to the “marginalized and
underrepresented.”
ii. The nominees of the sectoral party either:
a. Must belong to the sector.
b. Must have a track record of advocacy
of three for the sector represented.
Classification of “marginalized and
underrepresented” sector:

Meaning: i. It does not mean one must “wallow in

poverty, destitution or infirmity.”
When its constituency is spread over the
geographical territory of at least a majority of ii. It is sufficient that one, or his or her
the regions. sector, is below the middle class.

b. Regional parties or organizations. iii. More specifically, the economically

“marginalized and underrepresented” are
Meaning: those who fall in the low income group as
classified by the National Statistical
When its constituency is spread over the Coordination Board.
geographical territory of at least a majority of
the cities and provinces comprising the National and regional parties or
region. organizations:

c. Sectoral parties or organizations. Meaning:

Meaning: A political party refers to an organized group

of citizens advocating an ideology or
Refers to an organized group of citizens platform, principles and policies for the
belonging to any of the sectors enumerated general conduct of government.
by law whose principal advocacy pertains to
the special interest and concerns of their
sector.”

142 Navarro vs. Ermita, G.R. No. 180050, February 10, 2010.
29
Should national and regional parties or
organizations represent sectors that are
“marginalized and underrepresented” to
be qualified in a party-list system?
a. Under the party-list system, an ideology-
based or cause-oriented political party is clearly
different from a sectoral party.
b. A political party need not be organized as a
sectoral party and need not represent any
particular sector.
c. There is no requirement in R.A. No. 7941 that
a national or regional political party must
represent a “marginalized and
underrepresented” sector.
Representation of national and regional
parties or organizations to qualify as a
party-list system:
It is sufficient that the political party consists of
citizens who advocate:
a. The same ideology or platform. or
b. The same governance principles and
policies, regardless of their economic status as
citizens.
Parameters in determining who may
participate in party-list elections:
a. Three different groups may participate in
the party-list system:
i. National parties or organizations.
ii. Regional parties or organizations.
iii. Sectoral parties or organizations.
b. National parties or organizations and regional
parties or organizations do not need to organize
along sectoral lines and do not need to
represent any “marginalized and
underrepresented” sector.
c. Political parties can participate in party-
list elections provided they register under
the party-list system and do not field candidates
in legislative district elections. A political party,
whether major or not, that fields candidates in
legislative district elections can participate
in party-list elections only through its sectoral
wing that can separately register under
the party-list system. The sectoral wing is by
itself an independent sectoral party, and is
linked to a political party through a coalition.
d. Sectoral parties or organizations may either
be “marginalized and underrepresented” or
lacking in “well-defined political constituencies.”
It is enough that their principal advocacy
pertains to the special interest and concerns of
their sector. The sectors that are “marginalized
and underrepresented” include labor, peasant,
fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and
overseas workers. The sectors that lack “well-
defined political constituencies” include
professionals, the elderly, women, and the
youth.
e. A majority of the members of sectoral parties
or organizations that represent the
“marginalized and underrepresented” must
belong to the “marginalized and
underrepresented” sector they represent.
Similarly, a majority of the members of sectoral
parties or organizations that lack “well-defined
political constituencies” must belong to the
sector they represent. The nominees of sectoral
parties or organizations that represent the
“marginalized and underrepresented,” or that
represent those who lack “well-defined political
constituencies,” either must belong to their
respective sectors, or must have a track record
of advocacy for their respective sectors. The
nominees of national and regional parties or
organizations must be bona-fide members of
such parties or organizations.
f. National, regional, and sectoral parties or
organizations shall not be disqualified if some of
their nominees are disqualified, provided that
they have at least one nominee who remains
qualified.
Grounds to cancel or refuse registration of
party-list system:
a. It is a religious sect or denomination,
organization or association organized for
religious purposes.
b. It advocates violence or unlawful means to
seek its goal.
c. It is a foreign party or organization.
d. It is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of
its officers or members or indirectly through
third parties for partisan election purposes.
e. It violates or fails to comply with laws, rules
or regulations relating to elections.
f. It declares untruthful statements in its petition.
30
 g. It has ceased to exist for at least one (1) year.
h. It fails to participate in the last two (2)
preceding elections or fails to obtain at least
two per centum (2%) of the votes cast under
the party-list system in the two (2) preceding
elections for the constituency in which it has
registered.143
Four inviolable parameters in allocating
seats for party-list in the House of
Representatives:
a. First, the twenty percent allocation.
The combined number of all party-
list congressmen shall not exceed twenty
percent of the total membership of the House
of Representatives, including those elected
under the party list.
b. Second, the two percent threshold.
Only those parties garnering a minimum of
two percent of the total valid votes cast for
the party-list system are "qualified" to have a
seat in the House of Representatives.
c. Third, the three-seat limit.
Each qualified party, regardless of the
number of votes it actually obtained, is
entitled to a maximum of three seats; that is,
one "qualifying" and two additional seats.
d. Fourth, proportional representation.
The additional seats which a qualified party is
entitled to shall be computed "in proportion
to their total number of votes.
Procedure in determining the allocation of
seats for party-list representatives:
a. The parties, organizations, and coalitions shall
be ranked from the highest to the lowest based
on the number of votes they garnered during
the elections.
b. The parties, organizations, and coalitions
receiving at least two percent (2%) of the total
votes cast for the party-list system shall be
entitled to one guaranteed seat each.
c. Those garnering sufficient number of votes,
according to the ranking in paragraph 1, shall be
entitled to additional seats in proportion to their
total number of votes until all the additional
seats are allocated.
143 Atong Paglaum, Inc. vs. COMELEC, supra.
d. Each party, organization, or coalition shall be
entitled to not more than three (3) seats.
3. LEGISLATIVE POWER OF THE PEOPLE
THRU INITIATIVE AND REFERENDUM
The laws enacted to put into operation the
constitutionalized concept of initiative and
referendum:
a. Republic Act No. 6735 entitled "An Act
Providing for a System of Initiative and
Referendum and Appropriating Funds Therefor."
It spelled out the requirements for the
exercise of the power of initiative and
referendum, the conduct of national initiative
and referendum; procedure of local initiative
and referendum; and their limitations.
b. Republic Act No. 7160, otherwise known as
The Local Government Code of 1991, Chapter 2,
Title XI, Book I of the Code.
It governs the conduct of local initiative and
referendum.
The legislative power of the people thru
initiative and referendum:
a. The people can directly propose and enact
laws (national or local).
b. Approve or reject any act or law or part
thereof passed by the Congress, or local
legislative body.
3. LEGISLATIVE PRIVILEGES, DISCLOSURE
OF FINANCIAL AND BUSINESS AFFAIRS,
PROHIBITIONS, INHIBITIONS, AND
DISQUALIFICATIONS
PRIVILEGES:
a. Salary.
b. Parliamentary immunity.
Kinds :
i. Freedom from arrest.
In all offenses punishable by not more
than six (6) years imprisonment while the
Congress is in session.
Extent/scope of the freedom of
arrest of the members of Congress:
a. During their attendance in Congress.
31
 b. In going to and returning from the
Congress.
ii. Privilege of speech and of debates.
In any place for any speech or debate in
Congress or in any committee thereof.144
Extent/coverage of the privilege of
speech and debates:
a. Utterances made by Congressmen in
the performance of their official functions
in the halls of Congress while the same is
in session.
b. Bills introduced in Congress, whether
the same is in session or not.
c. Other acts performed by Congressmen,
either in Congress or outside the premises
housing its offices, in the official discharge
of their duties as members of Congress
and of Congressional Committees duly
authorized to perform its functions as
such, at the time of the performance of
the acts in question.
d. Only acts generally done in the course
of the process of enacting legislation were
protected.
e. The Speech or Debate Clause has been
limited to an act which was clearly a part
of the legislative process - the due
functioning of the process.
Meaning of legislative act:
a. An act generally done in Congress in
relation to the business before it.
b. In sum, the Speech or Debate Clause
prohibits inquiry only into those things
generally said or done in the House or the
Senate in the performance of official duties
and into the motivation for those acts.
c. As reaching only those things "generally
done in a session of the House by one of
its members in relation to the business
before it," or things "said or done by him,
as a representative, in the exercise of the
functions of that office."
Reasons for granting to members of
Congress the privilege of speech and
of debate:
a. It was intended to protect them against
government pressure and intimidation
144
Section 11, Article VI, supra.
aimed at influencing their decision-making
prerogatives.
b. Its invocation must be "as a means of
perpetuating inviolate the functioning
process of the legislative department."
c. To enable the members of Congress, as
the people's representatives, to perform
the functions of their office without fear of
being made responsible before the courts
or other forums outside the congressional
hall."145
Purpose of granting parliamentary
immunity:
i. To enable and encourage a representative
of the public to discharge his public trust with
firmness and success.
ii. It is indispensably necessary that he
should enjoy the fullest liberty of speech.
iii. He should be protected from the
resentment of every one, however powerful,
to whom the exercise of that liberty may
occasion offense."
DISCLOSURE OF FINANCIAL AND
BUSINESS INTEREST:
Constitutional mandate:
All Members of the Senate and the House of
Representatives shall, upon assumption of
office, make a full disclosure of their financial
and business interests.
Constitutional duty:
They shall notify the House concerned of a
potential conflict of interest that may arise
from the filing of a proposed legislation of
which they are authors.146
PROHIBITIONS/INHIBITIONS:
a. To personally appear as counsel before any
court of justice or before the Electoral Tribunals,
or quasi-judicial and other administrative bodies
during his term of office.
b. Shall not, directly or indirectly, be interested
financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any
145Trillanes IV vs. Castillo-Marigomen, G.R. No. 223451, March 14,
2018.
146Section 12, Article VI, supra.
32
 government-owned or controlled corporation, or
its subsidiary, during his term of office.

c. Shall not intervene in any matter before any

office of the Government for his pecuniary
benefit or where he may be called upon to act
on account of his office.147

DISQUALIFICATIONS:

a. Incompatible office.

Not to hold any other office or employment in

the Government, or any subdivision, agency,
or instrumentality thereof, including
government-owned or controlled corporations
or their subsidiaries, during his term without
forfeiting his seat.

bi. Forbidden office.

a. Not be appointed to any office which may

have been created during the term for which
were elected.

b. They shall not be appointed to any office

which the emoluments thereof increased
during the term for which they were
elected.148

Exceptions to the disqualifications of

members of Congress in holding other
office:

i. In an ex-officio capacity as provided by law.

Meaning:

a.. From office; by virtue of office.

b. An authority derived from official

character merely, not expressly conferred
upon the individual character, but rather
annexed to the official position.

c. An act done in an official character, or

as a consequence of office, and without
any other appointment or authority than
that conferred by the office.149

ii. As required by the primary functions of

said officials' office.

147 Section 14, Article, supra.

148 Section 13, Article, supra.
149 Dela Cruz vs. COA, G.R. No. 138489, November 29, 2001.

33
4. QUORUM AND VOTING MAJORITIES
QUORUM:
Meaning:
The number of members of a body which,
when legally assembled in their proper
places, will enable the body to transact its
proper business.150
Meaning of “majority”:
a. The number greater than half or more
than half of any total.
b. A political party to which the most
number of lawmakers belonged.
c. "The group, party, or faction with the
larger number of votes," not necessarily
more than one half. This is sometimes
referred to as plurality.151
Basis of a majority of each house to
constitute quorum:
b. They may adjourn during their session but
not more than three (3) days.154
c. Due to the termination of the business of the
Congress during the expiration of one (1)
Congress.
Effect:
i. All pending matters and proceedings, such
as unpassed bills and even legislative
investigations, of the Congress are
considered terminated upon the expiration of
that Congress and it is merely optional on the
succeeding Congress to take up such
unfinished matters, not in the same status,
but as if presented for the first time.155
ii. An Ad interim appointment shall be
effective only until disapproval by the
Commission of Appointment or until the
next adjournment of Congress.
VOTING MAJORITIES
Joint sessions:

a. Not on the number fixed or provided for Vote is on the basis of total membership and
in the Constitution. not merely based on the presence of quorum.

b. Based on actual members or i. Voting separately.

incumbents who are subject to the
coercive process empowered to compel its Instances:
members to attend the session in order to
constitute a quorum. a Choosing the President.156

c. It does not include those who are b. Determind President’s ability.157

incapacitated to discharge their duties by
reason of: c. Confirming nomination of the Vice-
President.158
i. Death.
d. Declaring the existence of state of
ii. Incapacity. war.159

iii. Absence from the jurisdiction of the e. Proposing constitutional amendments.160

house.
ii. Voting jointly.
iv. Other causes which make
attendance of the member concerned Instance:
impossible despite its coercive power 152
To revoke or extend proclamation
INSTANCES WHEN THE CONGRESS suspending the privilege of the writ of
ADJOURNS: habeas corpus or placing the Philippines
under martial law.161
a. Smaller number that does not constitute
quorum.153
154 Section 16 (5), ibid.
155
Balag vs. Senate of the Philippines, G.R No. 234608, July 3, 2018.
150 Balinghasay vs. Castillo, G.R. No. 185664, April 8, 2015. 156 Section 4, Article VI, supra.
151 Kida vs. Senate of the Philippines, G.R. No. 196271, October 18, 157 Section 11, ibid.
158 Section 9, ibid.
2011.
152 Avelino vs. Cuenco, G.R. No. L-2821, March 4, 1949. See 159 Section 23, Article VI, supra.
160 Section 1, Article XVII.
concurring opinion of J. Feria.
153 Section 16 (2), Article VI, surpa. 161 Section 18, Article VII.

34
5. DISCIPLINE OF MEMBERS i. Three (3) Justices of the Supreme Court.

Who determines disorderly conduct of a ii. Six (6) members from the Senate who shall
member of Congress? be chosen on the basis of proportional
representation from political parties.
The House is the judge of what constitutes
disorderly behavior. c. House of Representatives Electoral Tribunal.

Rationale: i. Three (3) Justices of the Supreme Court.

i. The Constitution has conferred jurisdiction
upon it.
ii. The matter depends mainly on factual
circumstances of which the House knows
best.162
ii. Six (6) members from the House of
Representatives who shall be chosen on the
basis of proportional representation from
political parties and the parties or
organizations registered under the party-list
system represented therein.165

Sanction/s that the Congress may impose Requisites to become a member of the
against its members for disorderly Senate or House of Representatives:
behavior:
a. A valid proclamation.
With the concurrence of all its Members:
b. A proper oath.
a. Suspend a member.
c. Assumption of office.166
Number of days:
Meaning of the phrase "election, returns
A penalty of suspension, when imposed, shall and qualifications":
not exceed sixty days.
a. It should be interpreted in its totality as
b. Expel a member.163 referring to all matters affecting the validity of
the contestee's title.
Distinction between the order of
suspension prescribed by Republic Act No. b. But if it is necessary to specify:
3019 from the power of Congress to
discipline its own ranks under the i. Election.
Constitution:
The conduct of the polls, including the
a. Discipline of members. listing of voters, the holding of the
electoral campaign, and the casting and
The suspension contemplated in Constitution counting of the votes.
is a punitive measure that is imposed upon
an erring member. ii. Returns.

b. Suspension by the court. The canvass of the returns and the

The suspension spoken of in Section 13 of RA
3019, which is not a penalty but a
preliminary, preventive measure, prescinding
from the fact that the latter is not being
imposed for misbehavior as a Member of the
House of Representatives.164
6. ELECTORAL TRIBUNAL
Composition:
a. Senate Electoral Tribunal.
proclamation of the winners, including
questions concerning the composition of
the board of canvassers and the
authenticity of the election returns.
iii. Qualifications.
Matters that could be raised in a quo
warranto proceeding against the
proclaimed winner, such as his disloyalty
or ineligibility or the inadequacy of his
certificate of candidacy.167

162 165
Osmena vs. Pendatun, supra. Section 17, Article VI, supra.
163 166
Section 16 (3), Article VI, supra. Fernandez vs. HRET, G.R. No. 187478, December 21, 2009.
164 Santiago vs. Sandiganbayan, G.R. No. 128055, April 18, 2001. 167 Tolentino vs. SET, G.R. No. 248005, May 11, 2021.

35
 Meaning of “sole” judge:

a. It emphasizes the exclusive character of the

jurisdiction conferred.

b. Its jurisdiction is original and exclusive.

c. The power granted to the Electoral Tribunal

"excludes the exercise of any authority on the
part of the Court that would in any wise restrict
it or curtail it or even affect the same.”

7. COMMISSION ON APPOINTMENTS

Composition:

a. President of the Senate as ex-officio

Chairman.

b. Twelve senators.

c. Twelve members of the House of

Representatives.

Nature of the power of the Commission on

Appointment:

a. The exercise of its powers is purely executive

in nature and not legislative.

b. The Commission on Appointments does not

legislate when it exercises its power to give or
withhold consent to presidential appointments.

c. The Commission on Appointments is a

creature of the Constitution.

d. Although its membership is confined to

members of Congress, said Commission is
independent of Congress.

e. The powers of the Commission do not come

from Congress, but emanate directly from the
Constitution.

f. It is not an agent of Congress.168

168 Pimentel vs. Ermita, G.R. No. 164978, October 13, 2005.
36
8. POWERS OF CONGRESS Purpose:

A. Legislative power i. To apprise the legislators of the purposes,

the nature and scope of its provisions.
Definition:
ii. To prevent the enactment into law of
The authority to make, amend, alter, modify or matters which have not received the notice,
repeal any law.169 action and study of the legislators and the
public.176
Limitations:
Objective of “one title-one subject” in
1. Substantive limitations. the bill:

a. Express. i. The proscription is aimed against the evils

of the so-called omnibus bills and log-rolling
Instances: legislation as well as surreptitious and/or
unconsidered encroaches.
i. The provisions under the bill of rights.170
ii. The provision merely calls for all parts of
ii. On matters of appropriations.171 an act relating to its subject finding
expression in its title.
iii. On matters of taxation.172
Rules to determine compliance with the
iv. Increase in the appellate jurisdiction of the “one title-one subject” in the bill:
Supreme Court.173
i. It should not be so narrowly construed as
v. Prohibition in granting a title of royalty or to cripple or impede the power of legislation.
nobility.174
ii. It should receive a reasonable and not a
b. Implied. technical construction.

Instances: iii. It is sufficient if the title be comprehensive

enough reasonably to include the general
i. Non-delegation of powers. object which a statute seeks to effect.

ii. Prohibition against the passage of iv. Mere details need not be set forth.
irrepealable laws.
v. The title need not be an abstract or index
Rationale: of the Act.

a. It deprives succeeding legislatures of vi. The one-subject requirement under the

the fundamental best senses carte Constitution is satisfied if all the parts of the
blanche in crafting laws appropriate to the statute are related, and are germane to the
operative milieu. subject matter expressed in the title.

b. Their allowance promotes an unhealthy vii. They are not inconsistent with or foreign
stasis in the legislative front and dissuades to the general subject and title.
dynamic democratic impetus that may be
responsive to the times.175 viii. It does not require the Congress to
employ in the title of the enactment language
2. Procedural limitations. of such precision as to mirror, fully index or
catalogue all the contents and the minute
a. Only one subject to be expressed in the title details therein.
of the bill.
ix. The rule is sufficiently complied with if the
title is comprehensive enough as to include
the general object which the statute seeks to
169
The Government of the Philippine Island vs. Springer, G.R. No.
L-26979, April 1, 1927.
170
Article III, supra.
effect.177
171 Sections 25 & 29 (1 & 2), Article VI, supra.
172 Sections 28 and 29 (3), ibid.; Section 4, Article XIV, supra.
173 Section 30, ibid.
174 Section 31, ibid. 176
COMELEC vs. Cruz, G.R. No. 192803, December 10, 2013.
175 The City of Davao vs. RTC, Branch XII, G.R. No. 127383, 177
Remman Enterprises, Inc. vs. Professional Regulatory Board of
August 18, 2005. Real Estate Service, G.R. No. 197676, February 4, 2014.
37
 b. It has to pass three readings on separate
days.
Conditions before a bill becomes a law:
i. The bill has passed three readings on
separate days.
ii. It has been printed in its final form
iii. The printed final form must distributed
three days before it is finally approved.178
Purpose of three readings on separate
days:
i. To inform the members of Congress of
what they must vote on.
ii. To give the members of Congress notice
that a measure is progressing through the
legislative process, allowing them and others
interested in the measure to prepare their
positions on the matter.179
Meaning of “unless” and “except”
clause before the phrase three readings
on separate days and after the printed
copies:
The "unless" clause must be read in relation
to the "except" clause, because the two are
really coordinate clauses of the same
sentence. The very premise of the "except"
clause: the necessity of securing the
immediate enactment of a bill which is
certified in order to meet a public calamity or
emergency.180
c. Printed copies of the bill in its final form must
be distributed to its Members three days before
its passage.181
Legislative process of law-making/
procedure for the approval of bills:
1. A bill is introduced by any member of the House
of Representatives or the Senate except for some
measures that must originate only in the former
chamber.
2.. The first reading involves only a reading of the
number and title of the measure and its referral by
the Senate President or the Speaker to the proper
committee for study.
3. The bill may be "killed" in the committee or it
may be recommended for approval, with or without
178 Tolentino vs. Secretary of Finance, supra.
179 Ang Nars Party-List vs. The Executive Secretary, supra.
180 Tolentino vs. Secretary of Finance, supra.
181 Section 26, Article VI, supra.
amendments, sometimes after public hearings are
first held thereon. If there are other bills of the
same nature or purpose, they may all be
consolidated into one bill under common authorship
or as a committee bill.
4. Once reported out, the bill shall be calendared
for second reading. It is at this stage that the bill is
read in its entirety, scrutinized, debated upon and
amended when desired. The second reading is the
most important stage in the passage of a bill.
5. The bill as approved on second reading is
printed in its final form and copies thereof are
distributed at least three days before the third
reading.
6. On the third reading, the members merely
register their votes and explain them if they are
allowed by the rules. No further debate is allowed.
7. Once the bill passes third reading, it is sent to
the other chamber, where it will also undergo the
three readings.
8. If there are differences between the versions
approved by the two chambers, a conference
committee representing both Houses will draft a
compromise measure.
9. The bill is enrolled when printed as finally
approved by the Congress, thereafter authenticated
with the signatures of the Senate President, the
Speaker, and the Secretaries of their respective
chambers.
10. The President's role in law-making. The final
step is submission to the President for approval.
11. Once approved, it takes effect as law after the
required publication.182
Bills that shall originate exclusively in the
House of Representatives:
1. Appropriations.
2. Revenue or tariff bills.
3. Bills authorizing increase of the public debts.
4. Bills of local application.
5. Private bills.183
Required by the Constitution to “originate
exclusively” in the House of Representatives:
182 ABAKADA Guro Party List vs. Executive Secretary, supra.
183 Section 24, Article VI, supra.
38
To begin with, it is not the law — but the [bill] —
which is required by the Constitution to "originate
exclusively" in the House of Representatives.
Rationale:
1. It refers only to the procedure to be followed by
each house of Congress with regard to bills
initiated in each of said respective houses, before
said bill is transmitted to the other house for its
concurrence or amendment.

a. A bill originating in the House may undergo 2. It is construed as referring only to bills
such extensive changes in the Senate that the introduced for the first time in either house of
result may be a rewriting of the whole. Congress, not to the conference committee report.

b. Elected as they are from the districts, the
members of the House can be expected to be
more sensitive to the local needs and problems.
c. The senators, who are elected at large, are
expected to approach the same problems from
the national perspective.
Steps required before a bill becomes a law:
1. It must be approved by both Houses of
Congress.
2. It must be presented to and approved by the
President.185

Effect if the law will “originate Distinctions:

exclusively” in the House of
Representatives: Bill Joint resolution

a. It will deny the Senate's power not only to i. To be approved by i. Congress can approve a
"concur with amendments" but also to "propose Congress must pass joint resolution in one, two
amendments." three (3) readings on or three readings, on the
separate days, unless the same day or on separate
b. It would violate the coequality of legislative President certifies the bill days, depending on the
power of the two houses of Congress and in fact as urgent. rules of procedure.
make the House superior to the Senate.
ii. The Constitution ii. A joint resolution can be
Function of the Bicameral Conference requires that before a bill approved on the same
Committee: is approved, printed day, or several days after,
copies of the bill in its the final printed copies are
1. A conference committee can only act on the final form must be distributed to Members of
differing provisions of a Senate bill and a House distributed to Members the Senate and the House,
bill. of the Senate and House depending on the rules of
three days before its procedure that the Senate
2. It can insert provisions not found in the bills passage, unless the or the House may, at their
submitted to it. President certifies the bill sole discretion, adopt.
as urgent.
Powers of Bicameral Conference Committee:
iii. A bill approved by iii. A joint resolution
1. To include in its report an entirely new provision Congress must be approved by Congress
that is not found either in the House bill or in the presented to the does not require the
Senate bill. President for his President's signature or
signature or veto. veto, unless the Senate, or
2. The committee can propose an amendment the House, in their
consisting of one or two provisions or several respective rules of
provisions, collectively considered as an procedure, at their sole
"amendment in the nature of a substitute," so long discretion, requires such
as such amendment is germane to the subject of presentation to the
the bills before the committee. President.

3. Its report was not final but needed the approval iv. Upon the last reading iv. No last reading in
of both houses of Congress to become valid as an of a bill, no amendment approving a joint
act of the legislative department.184 is allowed, and voting on resolution, unless the
the bill shall immediately Senate and the House, at
Applicability of the “no amendment” rule be taken. their sole discretion, adopt
upon the last [third] reading: such requirement.

v. The procedure in v. The procedure for

184 185
Tolentino vs. Secretary of Finance, supra. ABAKADA Guro Party List vs. Executive Secretary, supra.
39
enacting a bill into law is passing a joint resolution
permanently fixed as is adopted separately by
prescribed by the the Senate and the House,
Constitution and cannot and can be changed at
be amended by any act any time by the Senate or
of Congress. the House, respectively.186
Ways in approving a bill to become a law:
1. The President approves and signs the bill.
2. The Congress overrides the Presidential veto by
2/3 of all the members of the House.
3. The President fails to act on the bill for thirty
days from receipt.187
B. Power of Appropriation
Meaning:
1. The power of appropriation involves:
a. The setting apart by law of a certain
sum from the public revenue.
b. For a specified purpose.
2. The power of appropriation carries with it the
power to specify the project or activity to be
funded under the appropriation law and it can be
detailed and as broad as Congress wants it to be.188
Appropriation or appropriation measure:
Meaning:
a. The authorization made by law or other
legislative enactment, directing payment out of
government funds under specified conditions or
for specified purposes. It is the legislative act of
setting apart or assigning public funds to
a particular use.189
b. A statute the primary and specific purpose of
which is to authorize the release of public
funds.190
Classifications of appropriation measures:
1. A general appropriation law.
It is passed annually to provide for the financial
operations of the entire government during one
fiscal period.
186 Ang Nars Party-List vs. The Executive Secretary, supra.
187 Section 27 (1), Article VI, supra.
188 Belgica vs. Ochoa, Jr., G.R. No. 208566, November 19, 2013.
189 Ibid. see concurring dissenting opinion of J.
190 Confederation of Coconut Farmers Organization of the
Philippines, Inc. vs. Aquino III, G.R. No. 21`7965, August 8, 2017.
2. A special appropriation law.
It is designed for a specific purpose. The
revenue collected for a special purpose shall be
treated as a special fund to be used exclusively
for the stated purpose.191
Limitations/rules on appropriation measures:
1. Implied limitations.
a. It must be devoted to a public purpose.192
b. The sum authorized to be released must be
determinate, or at least determinable.193
2. Constitutional limitations.
a. Special appropriation measures.
i. It shall specify the public purpose for which
it is intended.
ii. It shall be supported by funds actually
available as certified by the National
Treasurer, or to be raised by a corresponding
revenue proposed therein.
b. General appropriations law.
i. The Congress may not increase the
appropriations recommended by the
President for the operation of the
Government as specified in the budget.
ii. The form, content, and manner of
preparation of the budget shall be prescribed
by law.
iii. No provision or enactment shall be
embraced in the general appropriations bill
unless it relates specifically to some particular
appropriation therein. Any such provision or
enactment shall be limited in its operation to
the appropriation to which it relates.194
What is “rider” or “inappropriate
provision”?
A provision which is alien to or not
germane to the subject or purpose of the
bill in which it is incorporated.
191 Confederation of Coconut Farmers Organization of the
Philippines, Inc. vs. Aquino III, supra.
192 Pascual vs. Secretary of Public Works and Communications, G.R.
No. L-10405, December 29, 1960.
193 Guingona vs. Carague, G.R. No. 94571, April 22, 1991.
194 Section 25, supra.
40
Constitutional provisions prohibiting
rider:
a. Section 25(2):
No provision or enactment shall be emb
raced in the general appropriations bill
unless it relates specifically to some
particular appropriation therein. Any
such provision or enactment shall be
limited in its operation to the
appropriation to which it relates.
b. Section 26(1):
Every bill passed by the Congress shall
embrace only one subject which shall
be expressed in the title thereof.
Rationale in prohibiting rider or
inappropriate provision in an
appropriations bill:
a. It directs that every provision in a bill
must be germane or has some reasonable
relation to the subject matter as expressed
in the title thereof.
b. The unity of the subject matter of a bill
is mandatory in order to prevent hodge-
podge or log rolling legislation.
c. To avoid surprise or fraud upon the
legislature.
d. To fairly appraise the people of the
subjects of legislation that are being
considered.
Germaneness standard:
a. All the provisions in a general
appropriations bill are either appropriation
items or non-appropriation items which
relate specifically to appropriation items.
b. Provisions or clauses that do not directly
appropriate funds are deemed
appurtenant in a general appropriations
bill when they specify certain conditions
and restrictions in the manner by which
the funds to which they relate have to be
spent.
The test of germaneness in the
provisions or clause in a general
appropriations bill:
a. It must be particular.
It relates specifically to a distinct item
of appropriation in the bill and does not
refer generally to the entire
appropriations bill.
b. It must be unambiguous.
When its application or operation is
apparent on the face of the bill and it
does not necessitate reference to
details or sources outside the'
appropriations bill.
c. It must be appropriate.
When its subject matter does not
necessarily have to be treated in a
separate legislation.195
iv. The procedure in approving appropriations
for the Congress shall strictly follow the
procedure for approving appropriations for
other departments and agencies.
v. Prohibition against transfer of
appropriation.196
Constitutional rule in the transfer of
appropriation:
Section 25(5), Article VI of the
Constitution states:
No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate,
the Speaker of the House of
Representatives, the Chief Justice of
the Supreme Court, and the heads of
Constitutional Commissions may, by
law, be authorized to augment any item
in the general appropriations law for
their respective offices from savings in
other items of their respective
appropriations.
Requisites of a valid transfer of
appropriated funds:
a. There is a law authorizing the President,
the President of the Senate, the Speaker
of the House of Representatives, the Chief
Justice of the Supreme Court, and the
heads of the Constitutional Commissions
to transfer funds within their respective
offices.
b. The funds to be transferred are savings
generated from the appropriations for
their respective offices.
195 Atitiw vs. Zamora, G.R. No. 143374, September 30, 2005.
196 Section 25, Article VI, supra.
41
 Definition of savings for purposes
of transfer of appropriated funds:
Savings refer to portions or balances of
any programmed appropriation in this
Act free from any obligation or
encumbrance which are:
i. Still available after the completion or
final discontinuance or abandonment of
the work, activity or purpose for which
the appropriation is authorized.
ii. From appropriations balances arising
from unpaid compensation and related
costs pertaining to vacant positions and
leaves of absence without pay.
iii. From appropriations balances
realized from the implementation of
measures resulting in improved systems
and efficiencies and thus enabled
agencies to meet and deliver the
required or planned targets, programs
and services approved in this Act at a
lesser cost.
c. The purpose of the transfer is to
augment an item in the general
appropriations law for their respective
offices.
What does “augment” mean?
To enlarge or increase in size, amount,
or degree.
What does the phrase “respective
offices” mean?
The entire Executive, the Senate, with
respect to the Senate President; the
House of Representatives, with respect
to the Speaker; the Judiciary, the
Constitutional Commissions, with
respect to their respective
Chairpersons.
What is cross-border transfers or
cross-border augmentations?
Section 25(5), has delineated borders
between their offices, such that funds
appropriated for one office are
prohibited from crossing over to
another office even in the guise of
augmentation of a deficient item or
items. Thus, we call such transfers of
funds cross-border transfers or cross-
border augmentations.
vi. Automatic reappropriation.
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 general appropriations law for the
preceding fiscal year shall be deemed
reenacted and shall remain in force and
effect until the general appropriations bill is
passed by the Congress.197
vii. Prohibition against appropriations for
sectarian benefits.198
Impoundment:
Meaning:
Refers to a refusal by the President, for
whatever reason, to spend funds made available
by Congress. It is the failure to spend or
obligate budget authority of any type.199
Essence:
The essence of impoundment is not to spend.200
C. Power of Legislative Inquiry
Power of congressional oversight:
Meaning:
It embraces all activities undertaken by
Congress to enhance its understanding of and
influence over the implementation of legislation
it has enacted.
Purpose:
Clearly, oversight concerns post-
enactment measures undertaken by Congress:
i. To monitor bureaucratic compliance with
program objectives.
ii. To determine whether agencies are
properly administered.
iii. To eliminate executive waste and
dishonesty.
iv. To prevent executive usurpation of
legislative authority.
iv. To assess executive conformity with the
congressional perception of public interest.
197 Section 25, ibid.
198 Section 29 (2), ibid.
199 Araullo vs. Aquino III, supra.
200 Ibid. see separate opinion of J. Carpio.
42
 Categories of congressional oversight
functions:
a. Scrutiny.
Meaning:
i. It implies a lesser intensity and continuity
of attention to administrative operations.
ii. It is regarded as a passive process of
looking at the facts that are readily available
Purpose:
To determine economy and efficiency of the
operation of government activities.
Powers:
i. Congress may request information and
report from the other branches of
government.
ii. It can give recommendations or pass
resolutions for consideration of the agency
involved.
When may the Congress exercise its
congressional scrutiny?
i. Budget hearing.
ii. Question hour.
iii. Power of confirmation.
b. Congressional investigation.
It involves a more intense digging of facts.
The power of Congress to conduct
investigation is recognized by the 1987
Constitution under section 21, Article VI
(legislative inquiry).
c. Legislative supervision.
These provisions require the President or an
agency to present the proposed regulations
to Congress, which retains a "right" to
approve or disapprove any regulation before
it takes effect. 201
Constitutional basis:
The Senate or the House of Representatives or any
of its respective committees may conduct inquiries
in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons
201
ABAKADA Guro Party List vs. Purisima, supra.
appearing in or affected by such inquiries shall be
respected.202
Nature:
1. It is inherent in the power to legislate.
2. An essential and appropriate auxiliary to the
legislative function
To which body the power of investigation is
recognized?
1. The Congress.
2. Any of its [Congress] committee.
Rationale:
a. It constitutes a direct conferral of
investigatory power upon the committees.
b. It means that the mechanisms which the
Houses can take in order to effectively perform
its investigative function are also available to the
committees.
Coverage of the power of inquiry:
i. The operation of government, being a legitimate
subject for legislation.
ii. The power of inquiry is co-extensive with the
power to legislate.
iii. The Congress' power of inquiry, being broad,
encompasses everything that concerns the
administration of existing laws as well as proposed
or possibly needed statutes.
Who may be covered by the power of
inquiry?
i. The power of inquiry is broad enough to cover
officials of the executive branch.
ii. It even extends "to government agencies created
by Congress and officers whose positions are within
the power of Congress to regulate or even
abolish.203
Exceptions to the broad power of inquiry of
the Congress:
i. Falls under the rubric of "executive privilege."
ii. The President on whom executive power is
vested, hence, beyond the reach of Congress
except through the power of impeachment.
202 Section 21, Article VI, supra.
203
Sabio vs. Gordon, G.R. No. 174340, October 17, 2006
43
Is Congress barred from inquiring into the
same issues being litigated before the court?
The mere filing of a criminal or an administrative
complaint before a court or quasi-judicial body
should not automatically bar the conduct of
legislative investigation.
Rationale:
a. It would be extremely easy to subvert any
intended inquiry by Congress through the
convenient ploy of instituting a criminal or an
administrative complaint.
b. The exercise of sovereign legislative
authority, of which the power of legislative
inquiry is an essential component, cannot be
made subordinate to a criminal or administrative
investigation.
c. The power of inquiry--with process to enforce
it--is an essential and appropriate auxiliary to
the legislative function.
d. A legislative body cannot legislate wisely or
effectively in the absence of information
respecting the conditions which the legislation is
intended to affect or change.
e. Where the legislative body does not itself
possess the requisite information--which is not
infrequently true--recourse must be had to
others who possess it.204
Contempt power of Congress in the exercise
of its legislative inquiry:
Rationale:
a. It is analogous to that exercised by courts of
justice.
b. A matter of self-preservation as that branch
of the government vested with the legislative
power asserts its authority and punishes
contempt thereof.
Basis:
a. It is founded upon reason and policy.
b. Said power must be considered implied or
incidental to the exercise of legislative power.
c. It is sui generis.205
204 Senate of the Philippines vs. Ermita, G.R. No. 169777, April 20,
2006.
205 Sabio vs. Gordon, supra.
Ways of termination by the Senate of its
legislative inquiry:
a. Upon the approval or disapproval of the
Committee Report.
b. The legislative inquiry of the Senate also
terminates upon the expiration of one (1)
Congress.
c. If Congress believes that there is a
necessity to supplement its power of
contempt by extending the period of
imprisonment beyond the conduct of its
legislative inquiry or beyond its final
adjournment of the last session, then it can
enact a law or amend the existing law that
penalizes the refusal of a witness to testify or
produce papers during inquiries in aid of
legislation.206
Limitations in the exercise of the power of
legislative investigation:
1. The investigation must be "in aid of legislation.
Purpose of inquiry in aid of legislation:
a. It is undertaken as tools to enable the
legislative body to gather information and, thus,
legislate wisely and effectively.
b. To determine whether there is a need to
improve existing laws or enact new or remedial
legislation, albeit the inquiry need not result in
any potential legislation.207
c. It may refer to the implementation or re-
examination of any law or in connection with
any proposed legislation or the formulation of
future legislation. They may also extend to any
and all matters vested by the Constitution in
Congress and/or in the Senate alone.
d. The inquiry, to be within the jurisdiction of
the legislative body making it, must be material
or necessary to the exercise of a power in it
vested by the Constitution, such as to legislate
or to expel a member.208
206 Balag vs. Senate of the Philippines, G.R. No. 234608, July 3,
2018.
207 Romero vs. Estrada, supra.
208 Bengzon, Jr. vs. The Senate Blue Ribbon Committee, supra.
44
2. It must be in accordance with its duly published Rights:
rules of procedure
a. The rights of persons under the Bill of Rights
Requisites: must be respected.

a. It is incumbent upon the Senate [House of b. The right to due process.

Representatives] to publish the rules of its
legislative inquiries in each Congress. c. The right not to be compelled to testify
against one's self.211
b. Make the published rules clearly state that the
same shall be effective in the subsequent Where may the right to self-
Congresses or until they are amended or incrimination be invoked?
repealed to sufficiently put public on notice.
i. It is extended to respondents in
What constitutes publication of the rules administrative investigations that partake of
of procedure of Congress? the nature of or are analogous to criminal
proceedings.
a. As set forth in Article 2 of the Civil Code,
which requires publication either in the Official ii. The privilege has consistently been held to
Gazette or in a newspaper of general circulation. extend to all proceedings sanctioned by law.

b. The publication of the Rules of Procedure in iii. To all cases in which punishment is sought
the website of the Senate, or in pamphlet form to be visited upon a witness, whether a party
available at the Senate, is not sufficient.209 or not.

Effectivity of the duly published rules of

procedure of Congress:

a. Its main rules are intended to be valid from

the date of their adoption until they are
amended or repealed.

b. It must explicitly provide for the continued

effectivity of such rules until they are amended
or repealed.

c. It cannot be presumed that the Rules (on

legislative inquiries) would continue into the
next Congress.

d. It is incumbent upon the [Congress] to

publish the rules for its legislative inquiries in
each Congress.

e. The Senate of the next Congress may easily

adopt different rules for its legislative inquiries
which come within the rule on unfinished
business.

f. Make the published rules clearly state that the

same shall be effective in subsequent
Congresses or until they are amended or
repealed to sufficiently put public on notice.

3. The rights of persons appearing in or affected by

such inquiries shall be respected.210

209 Garcillano vs. The House of Representatives Committees on

Public Information, G.R. No. 170338, December 23, 2008.
210 Bengzon, Jr. vs. The Senate Blue Ribbon Committee, G.R. No. 211Neri vs. Senate Committee on Accountability of Public Officers
899414, November 20, 1991. and Investigations, supra.
45
 D. Question hour

Constitutional rule regarding the

conduct of question hour:

i. Each house may request the appearance of

the heads of departments.

ii. The appearance of the heads of

departments may upon their own initiative,
with the consent of the President.

iii. They may appear before and be heard by

such House on any matter pertaining to their
departments.

iv. Written questions shall be submitted to

the President of the Senate or the Speaker of
the House of Representatives at least three
days before their scheduled appearance.

v. Interpellations shall not be limited to

written questions, but may cover matters
related thereto.

vi. When the security of the State or the

public interest so requires and the President
so states in writing, the appearance shall be
conducted in executive session.212

Distinctions:

Section 21
Section 22
(inquiries in aid of
(question hour)
legislation)

i. The attendance is i. The attendance is

compulsory. discretionary.

ii. The aim is to elicit ii. The objective is to

information that may be obtain information in
used for legislation. pursuit of Congress'
oversight function.

iii. The inquiry in which iii. The Congress merely

Congress requires the seeks to be informed on
appearance is "in aid of how department heads are
legislation. implementing the statutes
which it has issued.213

iv. Legislative iv. Legislative scrutiny.214

investigation.

212 Section 22, Article VI, supra.

213 Senate of the Philippines vs. Ermita, supra.
214 ABAKADA Guro Party List vs. Purisima, supra.

46
 E. Non-legislative informing function
What is the informing function of the
Congress?
i. By way of investigating for the purpose of
enlightening the electorate.
ii. Congress's "only whip" is investigation and that
the chief purpose of investigation, even more than
the direction of affairs, was the enlightenment of
the electorate.
iii. The inquisitiveness of such bodies as Congress
is the best conceivable source of
information. The informing function of Congress
should be preferred even to its legislative function."
For "the only really self-governing people is that
people which discusses and interrogates its
administration."215
iv. The duty of the legislature is “to watch and
control the government; to throw the light of
publicity on its acts; to compel a full exposition and
justification of all of them which any one considers
objectionable; and to censure them if found
condemnable.”
v. The legislature’s informing function should be
preferred to its legislative function. He emphasized
that “[E]ven more important than legislation is the
instruction and guidance in political affairs which
the people might receive from a body which kept
all national concerns suffused in a broad daylight of
discussion.”216
215 AKBAYAN vs. Aquino, G.R. No. 170516, July 16, 2008. See
separate dissenting opinion of J. Azcuna.
216 Macalintal vs. COMELEC, supra. See the concurring and
dissenting opinion of J. Puno.
F. War power
Constitutional war power of Congress:
The Congress, by a vote of two-thirds of both
Houses in joint session assembled, voting
separately, shall have the sole power to declare the
existence of a state of war.
What is emergency?
1. The existence of conditions suddenly intensifying
the degree of existing danger to life or well-being
beyond that which is accepted as normal.
2. A wide range of situations, classifiable under
three (3) principal heads: a) economic, b) natural
disaster, and c) national security.
Conditions to allow Congress to grant
emergency powers to the President:
i. There must be a war or other emergency.
ii. The delegation must be for a limited period only.
iii. The delegation must be subject to such
restrictions as the Congress may prescribe.
iv. The emergency powers must be exercised
to carry out a national policy declared by
Congress.217
217
David vs. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006.
47
 H. Power of impeachment
Meaning:
The power of Congress to remove a public official
for serious crimes or misconduct as provided in the
Constitution. A mechanism designed to check
abuse of power.218
Nature and characteristics:
i. It is legal and political in nature.
Its political nature is apparent from its function
as being a constitutional measure designed to
protect the State from official delinquencies and
malfeasance, the punishment of the offender
being merely incidental.
ii. It is sui generis.
Neither a criminal or administrative proceeding,
but partaking a hybrid characteristic of both
and retaining the requirement of due
process basic to all proceedings.
iii. Its character of being part criminal and part
administrative.
Carrying the punitive sanction not only of
removal and disqualification from office but
likewise the stigmatization of the offender.219
Steps leading to the impeachment of a
public official:
1. A verified complaint for impeachment is filed by
a member of the House or endorsed by him.
2. The complaint is included in the order of
business of the House.
3. The House refers the complaint to the proper
Committee.
Meaning of the term “initiate”:
It refers to the filing of the impeachment
complaint coupled with Congress’ taking initial
action of said complaint. The initial action taken
by the House on the complaint is the referral of
the complaint to the Committee on Justice.220
Meaning of initiating an impeachment
proceedings:
218
Corona vs. Senate of the Philippines sitting as impeachment court,
G.R. No. 200242, July 17, 2012.
219 Francisco, Jr. vs. The House of Representatives, supra. See the
separate opinion of J. Vitug.
220 Gutierrez vs. The House of Representatives Committee on Justice,
G.R. No. 193459, February 15, 2011. See. Separate concurring
opinion. J. Abad
Having concluded that the initiation takes place
by the act of filing and referral or endorsement
of the impeachment complaint to the House
Committee on Justice or, by the filing by at least
one-third of the members of the House of
Representatives with the Secretary General of
the House.221
Purpose of the one-year bar:
i. To prevent undue or too frequent harassment.
ii. To allow the legislature to do its principal task
[of] legislation.222
4. The Committee holds a hearing, approves the
resolution calling for impeachment, and submits
the same to the House.
5. The House considers the resolution and votes to
approve it by at least one‑third of all its
members, which resolution becomes the article
of impeachment to be filed with the Senate when
approved.
6. The Senate tries the public official under the
article.223
Impeachable officers:
1. The President.
2. The Vice-President.
3. The Members of the Supreme Court.
4. The Members of the Constitutional Commission.
5. The Ombudsman.
Grounds:
1. Culpable violation of the Constitution.
2. Treason.
3. Bribery.
I4. Graft and corruption.
5. Other high crimes.
6. Betrayal of public trust.
Meaning:
A "catch-all phrase to include all acts which are
not punishable by statutes as penal offenses
221 Francisco, Jr. vs. The House of Representatives, supra.
222
Gutierrez vs. The House of Representatives Committee on Justice,
supra.
223 Gutierrez vs. The House of Representatives Committee on Justice,
supra. See. Separate concurring opinion. J. Abad
48
 but, nonetheless, render the officer unfit to Impeachment Quo warranto
continue in office to the prejudice of public
interest and which tend to bring the office into a. It is political. a. It is judicial.
disrepute.
b. The Congress is the b. Instituted either by
Acts that may be punished under the prosecutor, the trier, the Solicitor General
betrayal of public trust: and the judge. in behalf of the
Republic of the
a. Betrayal of public interest. Philippines or by an
individual claiming the
b. Inexcusable negligence of duty. public office in issue,
both of which
c. Tyrannical abuse of power. petitions are
cognizable only by the
d. Breach of official duty by malfeasance or Supreme Court.
misfeasance.
c. It seeks to confirm c. It determines the
e. Cronyism. and vindicate the legal right, title,
breach of the trust eligibility, or
f. Favoritism. reposed by the qualifications of the
Filipino people upon incumbent to the
Reasons for quo warranto and impeachment the impeachable contested public
to proceed independently and official. office. The
simultaneously:
d. 1987 Constitution, d. It is dictated by the
a. The provision uses the permissive term "may" as supplemented by Rules of Court.
which: the internal rules of
procedure of the
i. Denotes discretion and cannot be construed as Congress, directs the
having mandatory effect. course of
impeachment
ii. Is indicative of a mere possibility, an proceeding.
opportunity or an option.
e. The end result is e. On the other hand,
b. The grantee of that opportunity is vested with a the removal of the when a quo
right or faculty which he has the option to public officer, and his warranto petition is
exercise. or her perpetual granted, ouster from
political office is likewise
c. An option to remove by impeachment admits of disqualification from meted, but the Court
an alternative mode of effecting the removal. holding public office. can likewise impose
upon the public officer
Distinctions: additional penalties
such as
Impeachment Quo warranto reimbursement of
costs pertaining to the
i. Indicts him for the so- i. It questions the validity rightful holder of the
called impeachable of a public officer's public office and such
offenses without appointment. further judgment
questioning his title to determining the
the office he holds. respective rights in
and to the public
ii. The enumeration of ii. It is not equivalent to office, position, or
"impeachable offenses" saying that the franchise of all the
is made absolute, that is, enumeration likewise parties to the action
only those enumerated purport to be a complete as justice requires.225
offenses are treated as statement of the causes
grounds for of removal from office.224
impeachment.

224Republic of the Philippines vs. Sereno, G.R. No. 237428, May 11,
225
2018. Re: Letter of Mrs. Ma. Cristina Roco Corona, supra.
49
 III. EXECUTIVE DEPARTMENT
1. EXECUTIVE POWER
Meaning:
a. The power to enforce and administer the
laws.
b. It is the power of carrying (out) the laws into
practical operation and enforcing their due
observance.226
c. The duty to faithfully execute the laws of the
land is inherent in executive power and is
intimately related to the other executive
functions.227
Sources:
a. The powers of the President are not limited to
what are expressly enumerated in the article on
the Executive Department and in scattered
provisions of the Constitution.
b. Unstated residual powers which are implied
from the grant of executive power and which
are necessary to comply with her duties under
the Constitution.228
2. PRESIDENTIAL IMMUNITY
Conduct covered:
a. It does not distinguish whether or not the suit
pertains to an official act of the President.
b. Regardless of the nature of the suit.
c. The concept is clear and allows no
qualifications that the President cannot be sued
while holding such office.
d. The immunity makes no distinction with
regard to the subject matter of the suit.
e. It applies whether or not the acts subject
matter of the suit are part of his duties and
functions as President.
Exceptions:
a. This presidential privilege of immunity cannot
be invoked by a non-sitting president even for
acts committed during his or her tenure.
226 National Electrification Administration vs. Commission on Audit,
G.R. NO. 143481, February 15, 2002.
227 Saguisag vs. Ochoa, Jr., G.R. No. 212426, January 12, 2016.
228 SANLAKAS vs. Executive Secretary, G.R. No. 159085, February
3, 2004.
b. When removed from office in the mode
provided by law and that is by impeachment.
c. Presidential immunity is not intended to
immunize the President from liability or
accountability.229
Who may waive the immunity from suit of
the President?
a. An accused in a criminal case in which the
President is complainant cannot raise the
presidential privilege as a defense to prevent the
case from proceeding against such accused.
b. The President may shed the protection
afforded by the privilege and submit to the
court's jurisdiction.
c. The choice of whether to exercise the
privilege or to waive it is solely the President's
prerogative. It is a decision that cannot be
assumed and imposed by any other person.230
3. EXECUTIVE PRIVILEGE
Meaning:
a. Certain informations must, as a matter of
necessity, be kept confidential in pursuit of the
public interest.
b. An exemption from the obligation to disclose
information, the necessity must be of such high
degree as to outweigh the public interest in
enforcing that obligation in a particular case.
Types:
a. State secrets privilege on the ground that the
information is of such nature that its disclosure
would subvert crucial military or diplomatic
objectives.
b. Informer’s privilege, or the privilege of the
Government not to disclose the identity of
persons who furnish information of violations of
law to officers charged with the enforcement of
that law.
c. Generic privilege for internal deliberations has
been said to attach to intragovernmental
documents reflecting advisory opinions,
recommendations and deliberations comprising
part of a process by which governmental
decisions and policies are formulated.
229 De Lima vs. Duterte, G.R. No. 227635, October 15, 2019.
230
Soliven vs. Makasiar, G.R. No. 82585, November 14, 1988.
50
 Scope:
a. The expectation of a President to the
confidentiality of his conversations and
correspondences has all the values to which we
accord deference for the privacy of all citizens.
b. The necessity for protection of the public
interest in candid, objective, and even blunt or
harsh opinions in Presidential decision-making.
b. A President and those who assist him must be
free to explore alternatives in the process of
shaping policies and making decisions and to do
so in a way many would be unwilling to express
except privately.
c. Governmental privilege against public
disclosure with respect to state secrets
regarding military, diplomatic and other national
security matters.
d. The same case held that closed-door Cabinet
meetings are also a recognized limitation on the
right to information.
e. Presidential conversations, correspondences,
and discussions in closed-door Cabinet
meetings.
f. That information on military and diplomatic
secrets and those affecting national security.
g. Information on investigations of crimes by law
enforcement agencies before the prosecution of
the accused were exempted from the right to
information.
Who may invoke?
a. Executive branch, either through the
President or the heads of offices.
b. The government.
c. The privilege being an extraordinary power, it
must be wielded only by the highest official in
the executive hierarchy. In other words, the
President may not authorize her subordinates to
exercise such power.231
d. Presidential Staff that has “operational
proximity” to direct presidential decision-making.
Thus, the privilege is meant to encompass only
those functions that form the core of
presidential authority, involving what the court
characterized as “quintessential and non-
delegable Presidential power,” such as
commander-in-chief power, appointment and
removal power, the power to grant pardons and
reprieves, the sole-authority to receive
231 Senate of the Philippines vs. Ermita, G.R. No. 169777, April 10.
ambassadors and other public officers, the
power to negotiate treaties etc.232
Manner of invoking executive privilege:
a. There must be a formal claim of privilege,
lodged by the head of the department which has
control over the matter, after actual personal
consideration by that officer.
b. To the President the power to invoke the
privilege. She may of course authorize the
Executive Secretary to invoke the privilege on
her behalf, in which case the Executive
Secretary must state that the authority is "By
order of the President," which means that he
personally consulted with her.
c. An official being summoned by Congress on a
matter which, in his own judgment, might be
covered by executive privilege, he must be
afforded reasonable time to inform the President
or the Executive Secretary of the possible need
for invoking the privilege.233
Requisites/elements:
a. The protected communication must relate to
a “quintessential and non-delegable presidential
power.”
b. The communication must be authored or
“solicited and received” by a close advisor of the
President or the President himself. It must be in
“operational proximity” with the President.
c. The presidential communications privilege
remains a qualified privilege that may be
overcome by a showing of adequate need, such
that the information sought “likely contains
important evidence” and by the unavailability of
the information elsewhere by an appropriate
investigating authority.234
4. QUALIFICATIONS, ELECTION, TERM OF
THE PRESIDENT AND VICE-PRESIDENT, AND
THE RULES ON SUCCESSION
QUALIFICATIONS (constitutional and
statutory):
a. A natural born citizen of the Philippines.
b. A registered voter.
c. Able to read and write.
232 Neri vs. Senate Committee on Accountability of Public Officers
and Investigations, G.R. No. 180643, March 25, 2008.
233 Senate of the Philippines vs. Ermita, supra.
234 Neri vs. Senate Committee on Accountability of Public Officers
and Investigations, supra.
51
 d. At least forty years of age on the day of the RULES ON SUCCESSION
election.
The Vice-President acting as President:
e. A resident of the Philippines for at least ten
years immediately preceding such election. Instances:

f. Not a nuisance candidate. a. If the President-elect fails to qualify.

g. Not declared by a competent authority as b. If a President shall not have been

insane or incompetent. chosen.

h. Not sentenced by final judgment for c. Where the President-elect died or

subversion, insurrection, rebellion. become permanently disabled before the
beginning of its term.239
i. Not sentenced to a penalty of more than
eighteen months. d. Temporary disability of the President.

j. Not sentenced of a crime involving moral Manner/procedure:

turpitude.235
a. The President transmits to the
ELECTIONS: President of the Senate and the
Speaker of the House of
Types: Representatives his written declaration
that he is unable to discharge the
i. Regular election.236 powers and duties of his office.

It shall be held on the second Monday of b. Whenever a majority of all the

May. Members of the Cabinet transmit to the
President of the Senate and to the
ii. Special election.237 Speaker of the House of
Representatives their written
Instances to hold a special election declaration that the President is unable.
for President:
Instances the Vice-President will
a If the President-elect fails to qualify. succeed as President:

b. If a President shall not have been i. Death.

chosen.
ii. Permanent disability.
c. Where the President-elect died or
become permanently disabled before the iii. Removal from office.
beginning of its term.238
iv. Resignation of the President.240
Eligibility of the President for re-
election: Elements of resignation:

Rule: i. There must be an intent to resign.

i. The elected President shall not be eligible ii. The intent must be coupled by acts of
for any reelection (absolute) relinquishment.

ii. Succeeded as President and has served as

such for more than four years

235 Buenafe vs. COMELEC, G.R. No. 260374, June 28, 2022.
236 Section 4, par. 3, Article VI, supra.
237 Section 7, par. 6, ibid. 239 Section 7, Article VII, supra.
238 Section 7, Article VII, supra. 240 Section 11, Article VII, supra.
52
5. OTHER PRIVILEGES, INHIBITIONS, AND v. Chairmen or heads of bureaus or offices,
DISQUALIFICATIONS including government-owned or controlled
corporations and their subsidiaries.243
PRIVILEGES OF THE PRESIDENT:
DISQUALFICATIONS:
a. Official residence.
The President, Vice-President, the Members of
b. Salary.241 the Cabinet, and their deputies or assistants
shall not hold any other office or employment
c. Presidential immunity or immunity from suit. during their tenure.

d. Executive privilege.242 Exception:

PROHIBITIONS/INIHIBITIONS: i. Unless otherwise provided in the

Constitution.244
a. Increase in compensation during his
incumbency within which the increase was ii. In an ex-officio capacity as provided by law
approved. and as required by the primary functions of
said officials' office.
b. To receive during their tenure any other
emolument from the Government or any other 6. POWERS OF THE PRESIDENT
source.
A. Executive and administrative power:
c. To directly or indirectly practice any other
profession during his tenure. Meaning:

d. To directly or indirectly participate in any
business, or be financially interested in any
contract with, or in any franchise, or special
privilege granted by the Government or any
subdivision, agency, or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries during his
tenure.
e. To have conflict of interest in the conduct of
their office.
1. The power to enforce and administer the laws.
2. The power of carrying (out) the laws into
practical operation and enforcing their due
observance.245
Scope:
i. All executive authority is thus vested in him, and
upon him devolves the constitutional duty of seeing
that the laws are "faithfully executed."

f. To appoint the following: ii. He is granted specific and express powers and
functions.
Relative:
iii. He may also exercise those necessarily implied
i. Spouse. and included in them.246

ii. Relatives by consanguinity or affinity within iv. The faithful execution of the law in autonomous
the fourth civil degree. regions.

Position: v. The right to prosecute crimes.

i. As members of the Constitutional vi. The implementation of transportation projects.

Commissions.
vii. The duty to ensure compliance with treaties,
ii. The Office of the Ombudsman. executive agreements and executive orders.

iii. Secretaries. viii. The authority to deport undesirable aliens.

iv. Undersecretaries.

243 Section 6, Article VII, supra.

244 Section 13, ibid.
245 National Electrification Administration vs. Commission on Audit,

G.R. NO. 143481, February 15, 2002.

241 246 Philippine Institute for Development Studies vs. COA, G.R. No.
Section 6, Article VII, supra.
242 De Lima vs. Duterte, G.R. No. 227635, October 15, 2019. 212022, August 20, 2019.
53
ix. The conferment of national awards under the
President's jurisdiction.
x. The overall administration and control of the
executive department.247
xi. The to duty to execute the law.
xii. Protect the Philippines.
xiii. Conduct foreign affairs.248
B. Power of appointment:
Process of confirmation by the Commission:
i. Nomination by the President.
ii. Confirmation by the Commission
Appointment.
iii. Issuance of the commission.
iv. Acceptance by the appointee.
Elements/steps of a valid appointment:
a. Authority to appoint and evidence of the exercise
of the authority.
b. Transmittal of the appointment paper and
evidence of the transmittal.
c. A vacant position at the time of appointment.
d. Receipt of the appointment paper and
acceptance of the appointment by the appointee
who possesses all the qualifications and none of
the disqualifications.249
Ad-interim appointments:
Meaning:
One made which the President shall have the
power to make appointments during the recess
of the Congress, whether voluntary or
compulsory.
Effectivity of the appointment:
a. Until disapproved by the Commission on
Appointments.
247 Saguisag vs. Ochoa, Jr., G.R. No. 212426, January 12, 2016.
248 Esmero vs. Duterte, G.R. No. 256288, June 29, 20212.
249 Velicario-Garafil vs. Office of the President, G.R. No. 203372,
June 16, 2015.
Effect of the disapproval of an ad-
interim appointment:
A disapproved ad interim appointment cannot
be revived by another ad interim appointment
Reason:
Disapproved ad interim is final and not
because a reappointment is prohibited.
b. Until the next adjournment of Congress.
By-passed appointments:
Meaning:
One that has not been finally acted upon
on on the merits by the Commission on
Appointments at the close of the session
of Congress.
There is no final decision by the
Commission on Appointments to give or
withhold its consent to the appointment as
required by the Constitution.
Effect:
a. The President is free to renew the ad
interim appointment of a by-passed
appointee.
b. It can be revived by a new ad interim
appointment because there is no final
disapproval.
c. The new appointment will not result in
the appointee serving beyond the fixed
term of seven years.
d. An ad interim appointment that has
lapsed by inaction of the Commission on
Appointments does not constitute a term
of office.
e. The period from the time
the ad interim appointment is made to the
time it lapses is neither a fixed term nor
an unexpired term.
54
 Distinctions: Scope of the prohibition:

a. It applies to presidential appointments.252

Regular appointment Ad-interim appointment
b. It applies only to the Executive
Department.253
a. The President a. The individual chosen
nominates, and only may thus qualify and Exceptions:
upon the consent of the perform his function
Commission on without loss of time. His a. It does not apply to appointments made by
Appointments may the title to such office is local chief executives.
person thus named complete.
assume office. b. It does not apply to all other appointments in
the Judiciary.
b. It takes effect once b. It takes effect at once.
confirmed and accepted. c. When continued vacancies will prejudice
public service or endanger public safety.254

Midnight appointment: Power of removal:

Types/scope of appointments:250 Exceptions:

a. Those made for buying votes. a. The constitution prescribes certain methods
for separation of such officers from the public
Kinds: service.

i. Refers to those appointments made within
the two months preceding a Presidential
election.
ii. Those which are declared election
offenses in the Omnibus Election Code.
b. Judges who are subject to the disciplinary
authority of the Supreme Court.
C. Power of control and supervision:
Control:

b. Those made for partisan considerations. Meaning:

This consists of the so-called The power of an officer to alter or modify or

"midnight" appointments.
Meaning:
Refers to those appointments made within
two months immediately prior to the next
presidential elections.251
Purpose/reason of the prohibition:
a. An outgoing President is duty bound to
prepare for the orderly transfer
authority to the incoming President.
b. He [or she] should not do acts which he
[or she] ought to know, would embarrass
or obstruct the policies of his [or her]
successor.
nullify or set aside what a subordinate officer
had done in the performance of his duties and
to substitute the judgment of the former for that
of the latter.
Supervision:
Meaning:
Overseeing or the power or authority of an
officer to see that subordinate officers perform
of their duties. If the latter fail or neglect to fulfill
them the former may take such action or step as
prescribed by law to make them perform their
duties.255

c. An outgoing President should not

deprive the new administration of an
opportunity to make the corresponding
appointments.
252 The Provincial Government of Aurora vs. Marco, supra.
250 253
De Castro vs. JBC, G.R. No. 191002, March 17, 2010. De Castro vs. JBC, supra.
251 The Provincial Government of Aurora vs. Marco, G.R. No. 254 De Castro vs. JBC, supra.
255 Mondano vs. Silvosa, G.R. No. L-7708, May 30, 1955.
202331, April 22, 2015.
55
Doctrine of qualified political agency: Instances:

Meaning: i. The declaration of martial law.

a. Each head of a department is, and must be, ii. The suspension of the writ of habeas
the President's alter ego in the matters of that corpus.
department where the President is required by
law to exercise authority.256 iii. The exercise of the pardoning
power.263
b. The actions taken by them (heads of
department) in the performance of their official iv. The President himself be the
duties are deemed the acts of the President signatory of service agreements with
unless the latter disapproves such acts.257 foreign-owned corporations involving
the exploration, development, and
c. All executive organizations are adjuncts of a utilization of our minerals, petroleum,
single Chief Executive; that the heads of the and other mineral oils.264
Executive Departments are assistants and
agents of the Chief Executive; and that the Executive departments and offices:
multiple executive functions of the President as
the Chief Executive are performed through the Power of the President:
Executive Departments.258
a. The President's power of control is directly
Application: exercised by him over the members of the
Cabinet who, in turn, and by his authority,
The doctrine remains limited to the President's control the bureaus and other offices under their
executive secretary and other Cabinet respective jurisdictions in the executive
secretaries. It does not extend to deputy department.265
executive secretaries or assistant deputy
secretaries.259 b. The President has the authority to carry out a
reorganization under the Constitution and
Exception: statutory laws. This authority is an adjunct of his
power of control.266
i. It does not apply to the actions of heads of
executive departments in the performance of
their duties as ex officio members of the
various agencies or entities under the
executive department.260

ii. By reason of their office or function, not

because of their direct appointment by the
President. Evidently, it was the law, not the
President, that sat them in the Board.261

iii. In matters on which the Constitution or

the circumstances require the President to act
personally.262

256 Philippine Institute for Development Studies vs. COA, G.R. No.
212022, August 20, 2019.
257 The Department of Trade and Industry vs. Enriquez, G.R. No.

225301, June 2, 2020.

258 National Power Corporation Board of Directors vs. COA, G.R.

No. 242342, March 10, 2020.

259 Philippine Institute for Development Studies vs. COA, supra.
260 Penafrancia Shipping Corporation vs. 168 Shipping Lines, Inc.,
G.R. No. 188952, September 21, 2016.
261 National Power Corporation Board of Directors vs. COA, supra.
262 Hontiveros-Baraquel vs. Toll Regulatory Board, G.R. No. 181293,
263 Angeles vs. Gaite, G.R. No. 165276, November 25, 2009.
264 Resident Marine Mammals of the Protected Seascape Tanon Strait
vs. Reyes, G.R. No. 180771, April 21, 2015.
265 Philippine Institute for Development Studies vs. COA, supra.
266 Malaria Employees and Workers Association of the Philippines,

February 23, 2015. Inc. vs. Romulo, G.R. No. 160093, July 31, 2007.
56
Local Government Units: Exercise of emergency power:

Power of the President: a. By the Congress. (original).

a. They are subject to the President's Instance:

supervision only, not control, so long as their
acts are exercised within the sphere of their
legitimate powers.
b. The President can only interfere in the affairs
and activities of a local government unit the
latter has acted contrary to law. This is the
scope of the President's supervisory powers over
local government units.
Limitations on the power of the President:
Section 17, Article XII must be understood as
an aspect of the emergency powers clause.
The taking over of private business affected
with public interest is just another facet of
the emergency powers generally reposed
upon Congress. Now, whether or not the
President may exercise such power is
dependent on whether Congress may
delegate it to him pursuant to a law
prescribing the reasonable terms thereof.

a. The President may not withhold or alter any b. By the President.

authority or power given them (LGU) by the
Constitution and the law. Original:

b. The President or any of his or her alter Military power of the President.
egos cannot interfere in local affairs as long as
the concerned local government unit acts within Delegated power:
the parameters of the law and the Constitution.
Conditions/guidelines:
D. Emergency powers:
a. There must be a war or other
Emergency: emergency.

Meaning: b. The delegation must be for a limited

period only.
a. The existence of conditions suddenly
intensifying the degree of existing danger to life c. The delegation must be subject to such
or well-being beyond that which is accepted as restrictions as the Congress may prescribe.
normal.
d. The emergency powers must be
b. Implicit in this definitions are the elements of exercised to carry out a national
intensity, variety, and perception. It may include policy declared by Congress.267
rebellion, economic crisis, pestilence or
epidemic, typhoon, flood, or other similar E. Commander-in-Chief/military power:
catastrophe of nationwide proportions or effect.
Exceptional character of Commander-in-
National emergency: Chief:

Authority to declare: 1. He has the power to direct military operations

and to determine military strategy. Normally, he
a. By the Congress. would be expected to delegate the actual command
of the armed forces to military experts but the
b. By the President. ultimate power is his.

Instance: 2. He is authorized to direct the movements of the

naval and military forces placed by law at his
In the exercise of his military power. command, and to employ them in the manner he
may deem most effectual.268

Sequence of graduated powers as

Commander-in-Chief:

From the most to the least benign, these are:

267 David vs. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006.

268 Kulayan vs. Tan, G.R. No. 1872998, July 3, 2012.
57
 Meaning:
i. The calling out power.
i. It involves the prevention of and protection
ii. The power to suspend the privilege of the writ from events that could endanger the safety of
of habeas corpus. the general public from significant danger,
injury/harm, or damage, such as crimes or
iii. The power to declare martial law. disasters.

The graduation refers only to hierarchy based on ii. It is an abstract term; it does not take any
scope and effect. This so-called "graduation of physical form. Plainly, its range, extent or
powers" does not dictate or restrict the manner by scope could not be physically measured by
which the President decides which power to metes and bounds.
choose.
c. There is probable cause for the President to
Calling out power: believe that there is actual rebellion or
invasion.271
Criterion:
Declaration of martial law:
Whenever it becomes necessary to prevent or
suppress lawless violence, invasion, or rebellion. Limitations:

Exercise/authority/power: a. It does not suspend the operation of the

Constitution.
a. The most benign and involves ordinary police b. It does not supplant the functioning of the
action. civil courts or legislative assemblies.

b. It is fully discretionary to the President solely
vested in his wisdom.
c. The actual use to which the President puts
the armed forces is not subject to judicial
review.
c. It does not authorize the conferment of
jurisdiction on military courts and agencies over
civilians where civil courts are able to function.
d. It does not automatically suspend the
privilege of the writ.

d. The President may exercise the power to call Effects:

out the Armed Forces independently of the
power to suspend the privilege of the writ a. Arrests and seizures without judicial warrants.
of habeas corpus and to declare martial law,
although, of course, it may also be a prelude to b. Ban on public assemblies.
a possible future exercise of the latter powers.
c. Take-over of news media and agencies and
e. Invasion or rebellion alone may justify resort press censorship.
to the calling out power.269
d. Issuance of Presidential Decrees.
f. The President may summon the armed forces
to aid him in suppressing lawless violence, Distinctions:
invasion and rebellion.270

Declaration of martial law and suspension of Declaration of

the writ of habeas corpus martial
Calling out power law/suspension of
Conditions: the writ of habeas
corpus
a. Actual invasion or rebellion
I
b. Public safety requires the exercise of such i. The most benign and . It involve curtailment
power. involves ordinary police and suppression of civil
action. rights and individual
freedom.

ii. The President may ii. May be exercised

269 Lagman vs. Medialdea, G.R. No. 231658, July 4, 2017.

270 271
David vs. Macapagal-Arroyo, supra. Lagman vs. Medialdea (2017), supra.
58
resort to this only when there is
extraordinary power actual invasion or
whenever it becomes rebellion, and public
necessary to prevent or safety requires it.
suppress lawless violence,
invasion, or rebellion.
iii. Fully discretionary to iii. The 1987
the President. The only Constitution imposed
limitations being that he the following limits in
acts within permissible the exercise of these
constitutional boundaries powers:
or in a manner not
constituting grave abuse (1) a time limit of sixty
of discretion. days.
(2) review and possible
revocation by
Congress.
(3) review and possible
nullification by the
Supreme Court.
iv. The actual use to iv. Their exercise
which the President puts requires more stringent
the armed forces is not safeguards by the
subject to judicial review. Congress, and review
by the Court.
v. The calling out power v. The framers of the
of the President is 1987 Constitution
sufficient for handling eliminated insurrection,
imminent danger. and the phrase
"imminent danger
thereof" as grounds for
the suspension of the
privilege of the writ
of habeas corpus or
declaration of martial
law.
Safeguards:
a. The power to review by the Court.
Test in the sufficiency of the factual
basis:
i. Based only on facts or information known
by or available to the President at the time he
made the declaration or suspension.
ii. Past events may be considered as
justifications for the declaration and/or
suspension.
iii. The Court should look into the full
complement or totality of the factual basis,
and not piecemeal or individually.
272
iv. Neither should the Court expect absolute
correctness of the facts stated in the
proclamation and in the written Report.
v. It is confined to the sufficiency, not
accuracy, of the information at hand during
the declaration or suspension. Subsequent
events do not have any bearing insofar as the
Court's review is concerned.
vi. The review would be limited to an
examination on whether the President acted
within the bounds set by the Constitution.
Limitations:
i. Events that happened after the issuance of
the proclamation cannot be considered in
determining the sufficiency of the factual
basis.
ii. If at all, they may be used only as tools,
guides or reference in the Court's
determination of the sufficiency of factual
basis, but not as part or component of the
portfolio of the factual basis itself.
Parameters for the determination of the
sufficiency of the factual basis in
suspending the writ of habeas corpus
and declaration of martial law.
i. Actual invasion or rebellion
ii. Public safety requires the exercise of such
power.
Features of an appropriate proceeding
filed by any citizen as to the review
factual sufficiency in the proclamation
of martial law or the suspension of the
privilege of the writ of habeas corpus:
i. It should be treated as sui generis separate
and different from those enumerated in
Article VIII.
ii. A petition filed will follow a different rule
on standing as any citizen may file it.
iii. Said provision of the Constitution also
limits the issue to the sufficiency of the
factual basis of the exercise by the Chief
Executive of his emergency powers.
iv. The usual period for filing pleadings in
Petition for Certiorari is likewise not
applicable considering the limited period
within which this Court has to promulgate its
decision.272
Lagman vs. Medialdea (2017), supra.
59
 b. The power to revoke by Congress. proclamation or
suspension was
Congressional check:273 made.274

i. The power to review the President's

proclamation of martial law or suspension of Extension of the proclamation of martial law
the privilege of the writ of habeas corpus. or the suspension of the privilege of the writ:

ii. To revoke such proclamation or Limitations:

suspension.
iii. The power to approve any extension of
the proclamation or suspension, upon the
President's initiative, for such period as it may
determine, if the invasion or rebellion persists
and public safety requires it.
a. The extension should be upon the President's
initiative.
b. It should be grounded on the persistence of
the invasion or rebellion and the demands of
public safety.

Distinctions: c. It is subject to the Court's review of the

sufficiency of its factual basis upon the petition
of any citizen.275
Judicial power to Congressional power
revoke declaration of to revoke Extension and determination of the period of
martial law declaration of martial law and the suspension of the
martial law privilege of the writ of habeas corpus:

Congress’ power:
i. The Court may strike i. Congress may revoke
down the presidential the proclamation or a. The Constitutuion does not specify the
proclamation in an suspension, which number of times that the Congress is allowed to
appropriate proceeding revocation shall not be approve an extension of martial law or the
filed by any citizen on the set aside by the suspension of the privilege of the writ of habeas
ground of lack of sufficient President. corpus.
factual basis.
b. Section 18, Article VII did not fix the period of
ii. In reviewing the ii. , Congress may take the extension of the proclamation and
sufficiency of the factual into consideration not suspension.
basis of the proclamation only data available prior
or suspension, the Court to, but likewise events c. It clearly gave the Congress the authority to
considers only the supervening the decide on its duration; thus, the provision states
information and data declaration. that that the extension shall be "for a period to
available to the President be determined by the Congress."
prior to or at the time of
the declaration. d. The only limitations to the exercise of the
congressional authority to extend such
iii. The Court does not iii. Congress could proclamation or suspension are that the
look into the absolute probe deeper and extension should be upon the President's
correctness of the factual further. initiative.
basis.
e. It should be grounded on the persistence of
iv. it is not allowed to iv. it can delve into the the invasion or rebellion and the demands of
"undertake an accuracy of the facts public safety.
independent investigation presented before it.
beyond the pleadings. f. The requirement of the Constitution is
therefore adequately met when there is
v. the Court's review v. Congress' review sufficient factual basis to hold that the present
power is passive; it is only mechanism is and past acts constituting the actual rebellion
initiated by the filing of a automatic in the sense are of such character that endanger and will
petition "in an appropriate that it may be activated endanger public safety.
proceeding" by a citizen. by Congress itself at
any time after the

274 Lagman vs. Medialdea (2017), supra.

273 275
Lagman vs. Pimentel III, G.R. No. 235935, February 6, 2018. Lagman vs. Pimentel III, supra.
60
 Review of the Court: G. Foreign relations power:

a. The same special and specific jurisdiction is Functions:

vested in the Court to review, in an appropriate
proceeding filed by any citizen, the sufficiency of
the factual basis thereof.
b. A certiorari petition invoking the Court's
expanded jurisdiction is not the proper remedy
to review the sufficiency of the factual basis of
the Congress' extension of the proclamation of
martial law or suspension of the privilege of the
writ.
1. The President is vested with the exclusive power
to conduct and manage the country's interface with
other states and governments.
Basis/reason:
a. The sole organ of our foreign relations and
the constitutionally assigned chief architect of
our foreign policy.

c. The Court's judicial review of the Congress' b. The principal representative of the
extension of such proclamation or suspension is Philippines:
limited only to a determination of the sufficiency
of the factual basis thereof. 2. The Chief Executive speaks and listens for the
nation.
d. In determining the sufficiency of the factual
basis for the extension of martial law, the Court 3. Initiates, maintains, and develops diplomatic
needs only to assess and evaluate the written relations with other states and governments.
reports of the government agencies tasked in
enforcing and implementing martial law.276 4. Negotiates and enters into international
agreements.278
F. Pardoning power:
Forms:
Limitations:
a. Treaty.
a. Impeachment cases.
b. Act.
b. Cases that have not yet resulted in a final
conviction. c. Protocol.

c. Cases involving violations of election laws, rules d. Agreement.

and regulations in which there was no favorable
recommendation coming from the COMELEC. e. Concordat.

d. Legislative contempt. f. Compromis.

e. Civil liability. g. D'arbitrage.

f. Restoration of public offices forfeited. h. Convention.

Forms of executive clemency: i. Covenant.

a. Reprieves. j. Declaration.

b. Commutations k. Exchange of notes.

c. Pardons. l. Statute.

d. Remit fines and forfeitures. m. Pact.

e. Amnesty.277 n. Charter, agreed minute, memorandum of

agreement, modus vivendi, or some other
form.279

278 Esmero vs. Duterte, G.R. No. 256288, June 29, 2021.; Saguisag
276 Lagman vs. Medialdea, G.R. No. 243522, February 19, 2019. vs. Ochoa, Jr., supra.
277 Risos-Vidal vs. COMELEC, G.R. No. 206666, January 21, 2015. 279 Saguisag vs. Ochoa, Jr., supra.

61
Treaty:
Meaning:
i. International agreement[s] concluded
between states in written form and governed
by international law, whether embodied in a
single instrument or in two or more related
instruments and whatever its particular
designation.
ii. International agreements entered into by
the Philippines which require legislative
concurrence after executive ratification. This
term may include compacts like conventions,
declarations, covenants and acts.
Steps/process in treaty making:
i. Negotiation.
Manner:
a. May be undertaken directly by the head
of state but he now usually assigns this
task to his authorized representatives.
b. These representatives are provided with
credentials known as full powers, which
they exhibit to the other negotiators at the
start of the formal discussions.
c. It is standard practice for one of the
parties to submit a draft of the proposed
treaty which, together with the counter-
proposals, becomes the basis of the
subsequent negotiations.
d. The negotiations may be brief or
protracted, depending on the issues
involved, and may even "collapse" in case
the parties are unable to come to an
agreement on the points under
consideration.
e. If and when the negotiators finally
decide on the terms of the treaty, the
same is opened for signature.
ii. Signature.
Effect:
a. This step is primarily intended as a
means of authenticating the instrument.
b. For the purpose of symbolizing the good
faith of the parties.
c. It does not indicate the final consent of
the state in cases where ratification of the
treaty is required.
d. The document is ordinarily signed in
accordance with the alternat, that is, each
of the several negotiators is allowed to
sign first on the copy which he will bring
home to his own state.
iii. Ratification.
Meaning:
The formal act by which a state confirms
and accepts the provisions of a treaty
concluded by its representatives.
Purposes:
a. To enable the contracting states to
examine the treaty more closely.
b. To give them an opportunity to refuse
to be bound by it should they find it
inimical to their interests.
c. It is for this reason that most treaties
are made subject to the scrutiny and
consent of a department of the
government other than that which
negotiated them.
iv. Exchange of the instruments of
ratification.
Effect:
a. It signifies the effectivity of the treaty.
b. Where ratification is dispensed with and
no effectivity clause is embodied in the
treaty, the instrument is deemed effective
upon its signature.
Role of the Senate:
i. It is essentially legislative in character.
ii. It is limited only to giving or withholding its
consent, or concurrence, to the ratification.
Scope of senate concurrence:
i. Treaties.
ii. Other international agreements.
iii. Executive agreements, if:
a. They are more permanent in nature.
b. Their purposes go beyond the executive
function of carrying out national policies
and traditions.
62
 c. They amend existing treaties
statutes.
iv. The subject matter of the agreement
covers political issues and national policies of
a more permanent character.
Validity and effectivity of a treaty:
The Senate's ratification of a treaty makes it
legally effective and binding by
transformation.
Non-concurrence:
Effect:
i. Prior to and even without
concurrence, the treaty, once ratified, is
valid and binding upon the Philippines
in the international plane.
ii. It cannot be considered as valid and
effective in the Philippine domestic
jurisdiction.
Withdrawal from treaty:
Mirror principle:
a. The degree of legislative approval
needed to exit an international agreement
must parallel the degree of legislative
approval originally required to enter it.
b. The President may not entirely exclude
Congress from the withdrawal or
termination process regarding
congressional-executive agreements or
treaties that were initially concluded with
considerable legislative input.
c. The Executive may terminate, without
congressional participation, genuinely
“sole” executive agreements that have
lawfully been made without congressional
input.
Guidelines:
a. Unilateral withdrawal.
Condition:
Treaties which are bona fide deemed
contrary to the Constitution or our laws.
b. With Senate concurrence.
i. Treaties that were entered into
pursuant to the legislative intent
or manifested in prior laws, or
subsequently affirmed by succeeding
laws:
The president cannot unilaterally
withdraw from agreements which
were entered into pursuant to
congressional imprimatur.
The President's discretion to
withdraw is qualified by the extent of
legislative involvement on the
manner by which a treaty was
entered into or came into effect.
ii. Treaties where Senate concurrence
for accession is expressly premised on
the same concurrence for withdrawal:
The President cannot unilaterally
withdraw from international
agreements where the Senate
concurred and expressly declared
that any withdrawal must also be
made with its concurrence.
The imposition of Senate
concurrence as a condition may be
made piecemeal, through individual.
Senate resolutions pertaining to
specific treaties, or through
encompassing legislative action,
such as a law, a joint resolution by
Congress, or a comprehensive
Senate resolution.
iii. Application of the mirror principle:
In the absence of item i. and ii.280
Executive agreement:
Meaning:
It is an international agreements embodying
adjustments of detail carrying out well-
established national policies and traditions
and those involving arrangements of a more
or less temporary in nature.
Coverage:
i. Commercial and consular relations.
ii. Patent rights.
iii. Trademark and copyright protection.
iv. Postal and navigation arrangements.
v. Settlement of claims.281
280 Pangilinan vs. Cayetano, supra.
63
 Special nature: precedence over one
that is prior.
i. It does not require legislative concurrence.

ii. It is usually less formal. 5. Promotes trade, investments, tourism and other
economic relations.
iii. It deals with a narrower range of subject
matters. 6. Settles international disputes with other states.

iv. It dispenses with Senate concurrence
"because of the legal mandate with which
they are concluded.
v. It simply implement existing policies, and
are thus entered into:
7. The Chief Executive wields the exclusive
authority to conduct our foreign relations.283
8. To contract or guarantee foreign loans.
Restrictions/limitations:

a. to adjust the details of a treaty; a. The prior concurrence of the Monetary Board.

b. pursuant to or upon confirmation by an b. The loans must be subject to limitations

act of the Legislature; or provided by law.284

c. in the exercise of the President's Stages of the Monetary Board’s

independent powers under the approval/prior consent of public sector
Constitution. foreign loans:

Distinctions:282 a. Approval-in-Principle.

Executive Treaties The approval granted by the MB to the

agreements indicative financial terms and purpose of the
loan.
i. Executive agreements i. Treaties are, by their
must remain traceable very nature, considered b. Review of Loan Documents.
to an express or superior to executive
implied authorization agreements. It involves the negotiation and review,
under the Constitution, finalization and clearance of loan documents.
statutes, or treaties.
c. Final Approval.
ii. The absence of these ii. Treaties are products
precedents puts the of the acts of the The approval granted by the MB to a loan
validity and effectivity Executive and the Senate previously approved-in-principle after its
of executive unlike executive terms have been finalized, the covering loan
agreements under agreements, which are agreement signed, and other preconditions
serious question for the solely executive actions. for final approval have been complied with.
main function of the The MB final approval authorizes the
Executive is to enforce borrower to draw on the loan/issue the
the Constitution and bonds/notes/securities involved.285
the laws enacted by the
Legislature, not to
defeat or interfere in
the performance of
these rules.

iii. In turn, executive iii. Because of legislative

agreements cannot
create new
international obligations
that are not expressly
allowed or reasonably
implied in the law they
purport to implement.
281 Saguisag vs. Ochoa, Jr., supra.
282
Pangilinan vs. Cayetano, supra.
participation through the
Senate, a treaty is
regarded as being on the
same level as a statute.
If there is an
irreconcilable conflict, a
later law or treaty takes 283 Esmero vs. Duterte, supra.; Saguisag vs. Ochoa, Jr., supra.
284 Spouses Constantino vs. vs. Cuisa, G.R. No. 106064, October 13,
2005.
285 Colmenares vs. Duterte, G.R. No. 245981, August 9, 2022.
64
Limitations in the exercise
relations power:
1. It does not imply, though, that the President is
given carte blanche to exercise this discretion.
2. This power must still be exercised within the
context and the parameters set by the Constitution,
as well as by existing domestic and international
laws.286
Constitutional limitations:
1. The policy of freedom from nuclear weapons
within Philippine territory.
2. The fixing of tariff rates, import and export
quotas, tonnage and wharfage dues, and other
duties or imposts, which must be pursuant to the
authority granted by Congress.
3. The grant of any tax exemption, which must be
pursuant to a law concurred in by a majority of all
the Members of Congress.
4. The contracting or guaranteeing, on behalf of
the Philippines, of foreign loans that must be
previously concurred in by the Monetary Board.
5. The authorization of the presence of foreign
military bases, troops, or facilities in the country
must be in the form of a treaty duly concurred in
by the Senate.
6. For agreements that do not fall under item 5,
the concurrence of the Senate is required, should
the form of the government chosen be a treaty.287
286 Esmero vs. Duterte, supra.; Saguisag vs. Ochoa, Jr., supra.
287 Esmero vs. Duterte, supra.
of foreign H. Power relative to Appropriation
Measure:
Appropriation measure:
Meaning:
A statute the primary and specific purpose of
which is to authorize the release of public funds.
Classifications:
a. General appropriation.
Meaning:
A law passed annually to provide for the
financial operations of the entire government
during one fiscal period.
b. Special appropriation.
Meaning:
It is designed for a specific purpose.
Power to recommend the budget necessary
for the operation of the government:
Basis:
a. The chief executive dwell the powers to run
government.
b. It implies that he has the necessary authority
to evaluate and determine the structure that
each government agency in the executive
department would need to operate in the most
economical and efficient manner.288
Budgetary process:
Major phases:
a. Budget preparation.
Steps:
i. It starts with the budget call issued by the
Department of Budget and Management.
ii. Each agency is required to submit agency
budget estimates in line with the
requirements consistent with the general
ceilings set by the Development Budget
Coordinating Council (DBCC).
b. Legislative authorization.
288Pichay, Jr. vs. Office of the Deputy Executive Secretary for Legal
Affairs Investigative and Adjudicatory Division, G.R. No. 196425,
July 24, 2012.
65
 c. Budget Execution. departments and agencies are given the
opportunity to defend their budget proposals.
Coverage:
d. DBM bureaus thereafter review the Agency
i. Covers the various operational aspects of Budget Proposals and come up with
budgeting. recommendations for the Executive Review
Board.
ii. The establishment of obligation authority
ceilings. e. The DBM consolidates the recommended
agency budgets into the National Expenditure
iii. The evaluation of work and financial plans Program (NEP) and a Budget of Expenditures
for individual activities. and Sources of Financing (BESF).

iv. The continuing review of government f. The NEP and BESF are thereafter presented
fiscal position. by the DBM and the DBCC to the President and
the Cabinet for further refinements or re-
v. The regulation of funds releases. prioritization.

vi. The implementation of cash payment g. Once the NEP and the BESF are approved by
schedules. the President and the Cabinet, the DBM
prepares the budget documents for submission
vii. Other related activities. to Congress.

d. Budget accountability. Contents of the budget documents:

Steps in the major phases of budgetary i. The President’s Budget Message.

process:
The President explains the policy framework
1. Budget Preparation. and budget priorities.

a. The issuance of a Budget Call by the DBM. ii. The National Expenditure Program (NEP).

Content:. iii. The BESF, mandated by Section 22, Article

VII of the Constitution.
i. The budget parameters earlier set by the
Development Budget Coordination Committee Contents:
(DBCC)
a. The macroeconomic assumptions.
ii. The policy guidelines and procedures to aid
government agencies in the preparation and b. Public sector context.
submission of their budget proposals.
c. Breakdown of the expenditures and
Kinds: funding sources for the fiscal year and the
two previous years.
i. National Budget Call.
i. Public or government expenditures.
Addressed to all agencies, including state
universities and colleges. Categories:

ii. A Corporate Budget Call. ai. Capital expenditures or outlays.

Addressed to all (GOCCs) and government The expenses whose usefulness

financial institutions (GFIs). lasts for more than one year, and
which add to the assets of the
b. The various departments and agencies submit Government, including
their respective Agency Budget Proposals to the investments in the capital of
DBM. government-owned or controlled
corporations and their
c. The Agency Budget Proposals are then subsidiaries.
presented before a technical panel of the DBM in
scheduled budget hearings wherein the various

66
bii. Current operating expenditures.
The purchases of goods and
services in current consumption
the benefit of which does not
extend beyond the fiscal year.
Components:
ai. Personal services (PS).
bii. Maintenance and other operating
expenses (MOOE).
Classifications:
According to their functions:
ai. Economic development
expenditures.
Expenditures on agriculture and
natural resources, transportation
and communications, commerce
and industry, and other economic
development efforts.
bii. Social services or social
development expenditures.
Government outlay on education,
public health and medicare, labor
and welfare and others.
ciii. General government or general
public services expenditures.
Expenditures for the general
government, legislative services,
the administration of justice, and
for pensions and gratuities.
div. National defense expenditures.
Sub-divided into national security
expenditures and expenditures for
the maintenance of peace and
order.
ev. Public debt.
According to the nature of the fund.
ai. General fund.
bii. Special fund.
ciii Bond fund.
ii. Public revenues.
Complement public expenditures and
cover all income or receipts of the
government treasury used to support
government expenditures.
Sources:
ai. Tax revenues
Compulsory contributions to
finance government activities.
bii. Capital revenues
Proceeds from sales of fixed
capital assets or scrap thereof
and public domain, and gains on
such sales like sale of public
lands, buildings and other
structures, equipment, and other
properties recorded as fixed
assets.
ciii. Grants.
Voluntary contributions and aids
given to the Government for its
operation on specific purposes in
the form of money and/or
materials, and do not require any
monetary commitment on the
part of the recipient.
div. Extra-ordinary income.
Repayment of loans and advances
made by government
corporations and local
governments and the receipts and
shares in income of the Banko
Sentral ng Pilipinas, and other
receipts.
ev. Public borrowings.
Proceeds of repayable obligations
generally with interest from
domestic and foreign creditors of
the Government in general,
including the National
Government and its political
subdivisions.
67
2. Budget Legislation/Budget Authorization Phase.
It covers the period commencing from the time
Congress receives the President’s Budget, which
is inclusive of the NEP and the BESF, up to the
President’s approval of the GAA.
Process/steps:
a. The President’s Budget is assigned to the
House of Representatives’ Appropriation
Committee on first reading.
b. The Appropriations Committee and its various
Sub-Committees schedule and conduct budget
hearings to examine the PAPs of the
departments and agencies.
c. Thereafter, the House of Representatives
drafts the General Appropriations Bill (GAB).
d. The GAB is sponsored, presented and
defended by the House of Representatives’
Appropriation Committee and Sub-Committee in
plenary session.
e. As with other laws, the GAB is approved on
Third Reading.
f. Transmitted to the Senate.
g. After transmission, the Senate conducts its
own committee hearings on the GAB. To
expedite proceedings, the Senate may conduct
its committee hearings simultaneously with the
House of Representatives’ deliberations.
h. The Senate’s Finance Committee and its Sub-
Committees may submit the proposed
amendments to the GAB to the plenary of the
Senate only after the House of Representatives
has formally transmitted its version to the
Senate.
i. The Senate version of the GAB is likewise
approved on Third Reading.
j. The House of Representatives and the Senate
then constitute a panel each to sit in
the Bicameral Conference Committee for the
purpose of discussing and harmonizing the
conflicting provisions of their versions of the
GAB.
k. The “harmonized” version of the GAB is next
presented to the President for approval.
l. The President reviews the GAB, and prepares
the Veto Message where budget items are
subjected to direct veto, or are identified for
conditional implementation.
m. If, by the end of any fiscal year, the
Congress shall have failed to pass the GAB for
the ensuing fiscal year, the GAA for the
preceding fiscal year shall be deemed re-
enacted and shall remain in force and effect
until the GAB is passed by the Congress.
3. Budget Execution.
With the GAA now in full force and effect, the
next step is the implementation of the budget.
The Budget Execution Phase is primarily the
function of the DBM.
Procedure:
a. Issue the programs and guidelines for the
release of funds.
b. Prepare an Allotment and Cash Release
Program.
c. Release allotments.
d. Issue disbursement authorities.
4. Accountability.
It is a significant phase of the budget cycle
because it ensures that the government funds
have been effectively and efficiently utilized to
achieve the State’s socio-economic goals. It also
allows the DBM to assess the performance of
agencies during the fiscal year for the purpose
of implementing reforms and establishing new
policies.
Modes of examination and evaluation:
a. Performance targets and outcomes.
b. Budget accountability reports.
c. Review of agency performance.
d. Audit conducted by the Commission on
Audit (COA).289
289 Araullo vs. Aquino III, G.R. No. 209287, July 1, 2014.
68
 I. Veto Power:
Presidential veto:
Meaning:
A power of the Executive to reject a law passed
by Congress, with the associated power of
Congress to override such veto by a 2/3 vote.290
Kinds:
a. The general veto:
The power of the President if exercised would
result in the veto of the entire bill.
b. The item-veto power or the line-veto power:
It allows the exercise of the veto over a
particular item or items in an appropriation,
revenue, or tariff bill.291
Kinds of veto:
1. Presidential veto.
A power of the Executive to reject a law passed
by Congress
2. Pocket veto.
The killing of legislation by a chief executive
through a failure to act within a specified period
following the adjournment of the legislature. An
absolute veto that cannot be overridden.
3. Partial veto.
The Constitution provides that only a particular
item or items may be vetoed. The power to
disapprove any item or items in an appropriate
bill does not grant the authority to veto a part of
an item and to approve the remaining portion of
the same item.292
4. Item veto.
An item that is the distinct and several part of
the appropriation bill, in line with the item-veto
power of the President, must contain “specific
appropriations of money” and not be only
general provisions.
290 Kida vs. Senate of the Philippines, supra. See dissenting opinion
of J. Carpio.
291 Gonzales vs. Macaraig, G.R. No. 87636, November 19, 1990.
292 Bengzon vs. Drilon, G.R. No. 103524, April 15, 1992.
Meaning of item:
Pertains to "the particulars, the details, the
distinct and severable parts of the appropriation
or of the bill.” 293
5. Legislative veto.
a. It requires the President or an agency to
present the proposed regulations to Congress,
which retains a "right" to approve or disapprove
any regulation before it takes effect.
b. It usually provide that a proposed regulation
will become a law after the expiration of a
certain period of time, only if Congress does not
affirmatively disapprove of the regulation in the
meantime.
c. The statute provides that a proposed
regulation will become law if Congress
affirmatively approves it.294
Application:
The veto power of the President applies expressly
only to bills, not to joint resolutions.
Rationale:
a. If a joint resolution is given the effect of, and
treated as, a law, Congress will be taking away
the veto power of the President since the
Constitution only provides for the President's
veto power over a bill.
b. In short, Congress can enact a joint resolution
into a law that is not subject to the President's
veto power, a situation that clearly violates the
Constitution.295
293 Araullo vs. Aquino III, G.R. 209287, February 3, 2015, Motion
for Reconsideration.
294 ABAKADA Guro Party List vs. Purisima, G.R. No. 166715,
August 14, 2008.
295 Ang Nars Party-List vs. The Executive Secretary, supra.
69
Congressional override:

Purpose:

a. The veto-override provision is a small but vital

mechanism presidential systems adopt to
calibrate the balance of power between the
Executive and the Legislature.

b. It ensures the Executive a substantial voice in

legislation by requiring the Legislature to
surmount a vote threshold higher than the
simple majority required to pass the vetoed
legislation.

70
 IV. JUDICIAL DEPARTMENT
1. JUDICIAL POWER
Meaning:
a. It includes the duty of the courts of justice to
settle actual controversies involving rights which
are legally demandable and enforceable.
b. To determine whether or not there has been
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch
or instrumentality of the Government.
Concepts/components:
a. The traditional scope/concept of judicial
power.
Meaning:
To settle actual controversies involving rights
which are legally demandable and
enforceable.
b. Expanded scope/concept of judicial power.
Concept:
i. Where an action of the legislative branch is
seriously alleged to have infringed the
Constitution, it becomes not only the right
but in fact the duty of the judiciary to settle
the dispute.
ii. The duty (to adjudicate) remains to assure
that the supremacy of the Constitution is
upheld.
iii. Once a "controversy as to the application
or interpretation of a constitutional provision
is raised, it becomes a legal issue which the
Court is bound by constitutional mandate to
decide."
iv. Article VIII, Section 1 emphasizes the
judicial department's duty and power to strike
down grave abuse of discretion on the part of
any branch or instrumentality of government
including Congress.
v. It is an innovation in our political law. The
judiciary is the final arbiter on the question of
whether or not a branch of government or
any of its officials has acted without
jurisdiction or in excess of jurisdiction or so
capriciously as to constitute an abuse of
discretion amounting to excess of
jurisdiction.
2. JUDICIAL REVIEW
Requisites:
a. An actual and appropriate case and
controversy exists.
Meaning:
Conflict of legal rights, an assertion of
opposite legal claims susceptible of judicial
resolution.
b. A personal and substantial interest of the
party raising the constitutional question.
Meaning:
Right of appearance in a court of justice on
a given question.
c. The exercise of judicial review is pleaded at
the earliest opportunity.
Meaning:
i. It does not mean immediately elevating
the matter to this Court.
ii. It means that the question of
unconstitutionality of the act in question
should have been immediately raised in
the proceedings in the court below.
d. The constitutional question raised is the
very lis mota of the case.
Meaning:
Petitioners must be able to show that the
case cannot be legally resolved unless the
constitutional question raised is
determined.
Rule:
i. Every law has in its favor the
presumption of constitutionality.
ii. To justify its nullification, there must be
a clear and unequivocal breach of the
Constitution and not one that is doubtful,
speculative, or argumentative.
iii. The Court will not pass upon a question
of unconstitutionality, although properly
presented, if the case can be disposed of
on some other ground.296
296Calleja vs. Executive Secretary, G.R. No. 252578, December 7,
2021.
71
 Political question doctrine:
vi. There is a voluntary cessation of the
Meaning/concept: activity complained of by the defendant or
doer.
i. Questions of policy or wisdom refer "to
those questions which, under the Meaning:
Constitution, are to be decided by the people
in their sovereign capacity. Once a suit is filed and the doer voluntarily
ceases the challenged conduct, it does not
ii. In regard to which full discretionary automatically deprive the tribunal of power
authority has been delegated to the to hear and determine the case and does
legislative or executive branch of not render the case moot especially when
government.297 the plaintiff seeks damages or prays for
injunctive relief against the possible
iii. A matter which is to be exercised by the recurrence of the violation.302
people in their primary political capacity.
Operative fact doctrine:
iv. It has been specifically delegated to some
other department or particular officer of the Meaning:
government, with discretionary power to
act.298 It states that a legislative or executive act,
prior to its being declared unconstitutional or
Moot questions: invalid by the courts, is valid and must be
complied with.
Meaning:
Application:
i. Mootness is sometimes viewed as "the
doctrine of standing set in a time frame.”299 a. It applies to laws subsequently declared
unconstitutional or unlawful.
ii. When it ceases to present a justiciable
controversy by virtue of supervening b. It applies to executive acts, like orders and
events, so that an adjudication of the case or rules and regulations, subsequently declared
a declaration on the issue would be of no as invalid.
practical value or use.
c. It applies to decisions made by the
iii. [T]he judgment will not serve any useful President or the agencies under the executive
purpose or have any practical legal department.
effect because, in the nature of things,
it cannot be enforced.300 d. Remarkably, it is applied only in the
absence of statutory law and never in
Exceptions:301 contravention of said law.303

i. Grave constitutional violations.

ii. Exceptional character of the case.

iii. Paramount public interest.

iv. The case presents an opportunity to guide

the bench, the bar, and the public.

v. The case is capable of repetition yet

evading review.

297 Republic of the Philippines vs. Sereno, G.R. No. 237428, May 11,
2018.
298
The Diocese of Bacolod vs. COMELEC, G.R. No. 205728,
January 21, 2015.
299
The Province of North Cotabato vs. The Government of the
Republic of the Philippines Peace Panel on Ancestral Ddomain
(GRP), supra. See separate concurring opinion of J. Puno. 302 The Province of North Cotabato vs. The Government of the
300 Madrilejos vs. Gatdula, G.R. No. 184389, November 16, 2021. Republic of the Philippines Peace Panel on Ancestral Ddomain
See dissenting opinion of J. Perlas-Bernabe. (GRP), supra.
301 Balag vs. Senate of the Philippines, G.R. No. 234608, July 3, 303 Hacienda Luisita vs. Presidential Agrarian Reform Council, G.R.

2018. No. 171101, November 22, 2011.

72
 Distinctions:304 h. The members of the judiciary have security of
tenure.309

Sufficiency of factual i. The Members of the Supreme Court and of

basis in the other courts established by law shall not be
suspension of the designated to any agency performing quasi-
Judicial Review writ of habeas judicial or administrative functions.310
corpus and
declaration of j. The salary of the Chief Justice and of the
martial law Associate Justices of the Supreme Court, and of
judges of lower courts shall, during their
continuance in office, not be decreased.311
i. A petition i. A petition
for certiorari is the for certiorari pursuant k. The judiciary enjoys fiscal autonomy.312
proper tool to review to Section 1 or Section
grave abuse of 5 of Article VIII is not l. The Supreme Court, alone, may initiate and
discretion. the proper tool. promulgate the Rules of Court.

ii. The standard of ii. The standard of m. The Supreme Court, alone, may order
review is to determine review is to review the temporary detail of judges.
whether the respondent sufficiency of the
has committed any factual basis of the n. Appoint all officials and employees of the
grave abuse of President's exercise of Judiciary.313
discretion amounting to emergency powers.
lack or excess of Fiscal autonomy:
jurisdiction in the
performance of his or Constitutional mandate:314
her functions.
i. Appropriations for the Judiciary may not be
reduced by the legislature below the amount
3. JUDICIAL INDEPENDENCE AND FISCAL appropriated for the previous year.
AUTONOMY
ii. After approval of the appropriation, it shall
Judicial independence: be automatically and regularly released.

a. The Supreme Court is a constitutional body. Meaning315

b. It may not be abolished by the legislature. It is not required to perform any act.
"Automatic release" should thus be
c. The members of the Supreme Court is construed to mean that no condition to
removable by impeachment.305 fund releases to it may be imposed.

d. The Supreme Court may not be deprived of Meaning:316

its minimum original and appellate
jurisdiction. 306
e. The appellate jurisdiction of the Supreme
Court may not be increased without its consent
and concurrence.307
f. The Supreme Court shall have administrative
supervision over all courts and the personnel.308
g. The Supreme Court has the exclusive power
to discipline judges/justices of inferior courts.
304 Lagman vs. Pimentel III, supra.
305 Section 2, Article XI, supra.
306 Section 2, Article VIII, supra.
307 Section 30, Article VI, supra.
308 Section 6, Article VIII, supra.
The freedom from outside control. It
contemplates a guarantee of full flexibility to
allocate and utilize their resources with the
wisdom and dispatch that their needs require.
It recognizes the power and authority to levy,
assess and collect fees, fix rates of
compensation not exceeding the highest
rates authorized by law for compensation and
pay plans of the government and allocate and
309 Section 11, ibid.
310 Section 12, Article VIII, supra.
311
Section 10, ibid.
312 Section 3, ibid.
313
Section 5, ibid.
314 Section 3, Article VIII, supra.
315 Civil Service Commission vs. Department of Budget and
Management, G.R. No. 158791, July 22, 2005.
316 Re: Clarifying and Strengthening the Organizational Structure and
Administrative Set-Up of the Philippine Judicial Academy, A.M. No.
01-1-04-SC-PHILJA, January 31, 2006.
73
 disburse such sums as may be provided by
law or prescribed by them in the course of
the discharge of their functions.
4. APPOINTMENT TO THE JUDICIARY
Qualifications:
a. General qualification:
A Member of the Judiciary must be a person
of proven competence, integrity, probity, and
independence.
b. Supreme Court:
i. Natural-born citizen of the Philippines.
ii. At least forty years of age.
iii. Must have been for fifteen years or more a
judge of a lower court or engaged in the
practice of law in the Philippines.
c. Lower Collegiate Courts:
i. Natural-born citizen of the Philippines.
ii. A member of the Philippine Bar.
iii. Other qualifications prescribed
Congress.
d. Lower Courts:
i. A citizen of the Philippines.
ii. A member of the Philippine Bar.
iii. Other qualifications prescribed
Congress.317
Judicial and Bar Council:
Composition:
i. Chief Justice as ex officio Chairman.
ii. The Secretary of Justice, as ex officio
member.
iii. A representative of the Congress as ex
officio member.318
iv. A representative of the Integrated Bar.
v. A professor of law.
vi. A retired Member of the Supreme Court.
317
Section 7, Article VIII, supra.
318
Section 8, ibid.
vii. A representative of the private sector.
Powers/functions:
i. The Council shall have the principal function
of recommending appointees to the
Judiciary.319
ii. The JBC has been tasked to screen aspiring
judges and justices, among others, making
certain that the nominees submitted to the
President are all qualified and suitably best
for appointment.320
iii. The functions of searching, screening, and
selecting nominees for vacancies in the
Judiciary for appointment by the President.
iv. The authority to set the standards/criteria
in choosing its nominees for every vacancy in
the Judiciary, subject only to the minimum
qualifications required by the Constitution
and law for every position.321
v. It may exercise such other functions and
duties as the Supreme Court may assign to it.
5. SUPREME COURT
En Banc cases:
by
Instances:
i. All cases involving the constitutionality of a
treaty, international or executive agreement.
ii. All cases involving the constitutionality of a
law.
by iii. Those involving the constitutionality,
application, or operation of presidential
decrees, proclamations, orders, instructions,
ordinances, and other regulations.
iv. All other cases which under the Rules of
Court are required to be heard en banc.
v. When the required number in cases or
matters heard by a division is not obtained.322
vi. Cases involving dismissal of judges of
lower courts.
Powers:323
i. Original Jurisdiction
319 Chavez vs. JBC, G.R. No. 202242, July 17, 2012.
320 Jardeleza vs. Sereno, G.R. No. 213181, August 19, 2014.
321 Republic of the Phlippines vs. Sereno, G.R. No. 237428, May 11,
2018.
322 Section 4, Article VIII, supra.
323 Section 5, ibid.
74
 a. Cases affecting ambassadors, other
public ministers and consuls.
b. Petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas
corpus.
ii. Appellate jurisdiction
a. Review, revise, reverse, modify, or
affirm on appeal or certiorari, as the law or
the Rules of Court may provide, final
judgments and orders of lower courts in:
i. All cases in which the constitutionality
or validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question.
ii. All cases involving the legality of any
tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
iii. All cases in which the jurisdiction of
any lower court is in issue.
iv. All criminal cases in which the
penalty imposed is reclusion perpetua
or higher.
v. All cases in which only an error or
question of law is involved.
iii. Assign temporarily judges of lower courts
to other stations as public interest may
require.
iv. Order a change of venue or place of trial
to avoid a miscarriage of justice.
v. Promulgate rules.
Matters:
a. The protection and enforcement of
constitutional rights.
b. Pleading, practice, and procedure in all
courts.
c. The admission to the practice of law.
d. The Integrated Bar.
e. Legal assistance to the underprivileged.
Limitations:
a. Such rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases.
b. It hall be uniform for all courts of the
same grade.
c. It shall not diminish, increase, or modify
substantive rights.
d. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
e. Appoint all officials and employees of
the Judiciary in accordance with the Civil
Service Law.
75
 V. CONSTITUTIONAL COMMISSIONS (COMELEC, COA,CSC)

1. CONSTITUTIONAL SAFEGUARDS TO l. The Chairmen and members are subject to

ENSURE INDEPENDENCE OF certain disqualifications calculated to strengthen
COMMISSIONS/COMMON PROVISIONS their integrity.332

Constitutional independence: m. The Constitutional Commissions shall appoint

their officials and employees in accordance with
a. They are constitutionally created. law.333

b. They may not be abolished by statute. 2. COMMON PROVISIONS

c. Each is described as independent.324 Inhibitions/disqualifications:

d. Each is conferred certain powers and a. It shall, during his tenure, hold any other
functions which cannot be reduced. office or employment.

e. The Chairmen and members cannot be b. He shall not engage in the practice of any
removed except by impeachment.325 profession.

f. The Chairmen and members have a term of c. He shall not engage in the active
seven (7) years management or control of any business which in
any way be affected by the functions of his
g. The Chairmen and members may not be office.
reappointed.
d. He shall not be financially interested, directly
h. The Chairmen and members may not be or indirectly, in any contract with, or in any
appointed in an acting capacity.326 franchise or privilege granted by the
Government, any of its subdivisions, agencies,
Exceptions: or instrumentalities, including government-
owned or controlled corporations or their
i. Ad interim appointment. subsidiaries.334

ii. Another Ad interim appointment if the first Rotational scheme:

Ad interim appointment was by-passed.327
The first appointees shall serve terms of seven,
i. The salary of the Chairman and the five and three years, respectively.
Commissioners shall not be decreased during
their tenure.328 Conditions:

j. The Commissions shall enjoy fiscal i. The terms of the first commissioners should
autonomy.329 start on a common date.

k. Each Commission en banc may promulgate its ii. Any vacancy due to death, resignation or
own rules concerning pleadings and practice disability before the expiration of the term
before it or before any of its offices. should be filled only for the unexpired
balance of the term.335
Limitations:
Decisions:
i. Such rules however shall not diminish,
increase, or modify substantive rights.330 Meaning of “all the members”:

ii. Subject to disapproval by the Supreme Not only of those who participated in the
Court331 deliberations and voted thereon, but all
the members, in order that a valid decision
may be made.336
324 Section 1, Article XI, supra.
325
Section 2, ibid.
326 Brillantes vs. Yorac, G.R. No. 93867, December 18, 1990.
327 Matibag vs. Benipayo, supra. 332 Section 2, Article IX-A, supra.
328 Section 3, Article IX-A, supra. 333 Section 4, ibid.
329 Section 5, ibid. 334 Section 2, ibid.
330 Section 6, Article IX-A, supra. 335 Gaminde vs. COA, G.R. No. 140335, December 13, 2000.
331 Section 5, Article VIII, Supra. 336 Estrella vs. COMELEC, G.R. No. 160465, May 27, 2004.

76
3. CIVIL SERVICE COMMISSION
Qualifications:
a. A natural-born citizens of the Philippines.
b. At the time of their appointment, at least
thirty-five years of age.
c. With proven capacity for public
administration.
d. Must not have been candidates for any
elective position in the elections immediately
preceding their appointment.337
Powers:
a. Enjoys wide latitude of discretion to issue
eligibility.338
b. To hear and decide administrative cases
instituted before it directly or on appeal.
c. To hear and decide contested appointments
instituted before it directly or on appeal.
d. It has the authority to recall an appointment
initially approved in disregard of applicable
provisions of the Civil Service law and
regulations.339
e. To approve or review appointments to
determine compliance with the requirements of
the Civil Service Law.340
f. To determine questions of qualifications of
merit and fitness of those appointed to the civil
service.341
Functions:
a. The administration of civil service.342
b. It shall establish a career service.
c. Adopt measures to promote morale,
efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil
service.
d. It shall strengthen the merit and rewards
system.
337 Section 1, Article IX-B, supra.
338
Torregoza vs. CSC, G.R. No. 101526, July 3, 1992.
339 Debulgado vs. CSC, G.R. No. 111471, September 26, 1994.
340 University of the Philippines vs. CSC, G.R. No. 132860, April 3,
2001.
341 Civil Service Commission vs. Gentallan, G.R. No. 152833, May
9, 2005.
342 Section 1, ibid.
e. Integrate all human resources development
programs for all levels and ranks.
f. Institutionalize a management climate
conducive to public accountability.
g. It shall submit to the President and the
Congress an annual report on its personnel
programs.343
Jurisdiction:
Original:
i. Complaint for cheating in the Civil Service
examinations committed by government
employees.344
ii. Complaints brought against Civil Service
Commission personnel.
iii. Complaints against officials who are not
presidential appointees.
iv. Requests for favorable recommendation
on petition for the removal of administrative
penalties or disabilities.
v. Protests against appointments, or other
personnel actions, involving non-presidential
appointees.
vi. Requests for Extension of Service.
vii. Request for correction of personal
information in the records of the Commission
within five (5) years before mandatory
retirement.345
Appellate:
i. Decision of agency heads.346
ii. Decisions of heads of departments,
agencies, provinces, cities, municipalities and
other instrumentalities imposing a penalty
exceeding thirty (30) days suspension or fine
in an amount exceeding thirty (30) days
salary.347
iii. Decision of the Civil Service Commission
Regional Office dismissing the complaint for
lack of a prima facie case or where the formal
charge issued was for a lower offense.348
343
Section 3, Article IX-B, supra.
344 Cruz vs. CSC, G.R. No. 144464, November 22, 2001.
345 Section 7, Rule 2, Revised Rules on Administrative Cases in Civil
Service.
346 Olanda vs. Bugayong, G.R. No. 140917, October 10, 2003.
347 Section 61, Rule 12, supra.
348 Section 67, Rule 13, ibid.
77
 iv. Appointments invalidated or disapproved ii. The spouse and relatives by consanguinity
by the CSCRO.349 or affinity within the fourth civil degree of the
President:
v. Protest against an appointment made in
favor of another who does not possess the Prohibited position:
minimum qualification requirements.350
Shall not during his tenure be appointed
Prohibited offices/disqualifications: (including government-owned or
controlled corporations and their
General disqualifications: subsidiaries) as:

i. “Lame duck” appointment: a. Members of the Constitutional

Commissions.
No candidate who has lost in any election
shall, within one year after such election, b. The Office of the Ombudsman.
be appointed to any office in the
Government or any government-owned or c. Secretaries.
controlled corporations or in any of their
subsidiaries. d. Undersecretaries.

ii. Incompatible office: e. Chairmen or heads of bureaus or

offices.
a. No elective official shall be eligible for
appointment or designation in any capacity iii. Senator or Member of the House of
to any public office or position during his Representatives:
tenure.
Prohibition:
b. No appointive official shall hold any
other office or employment in the a. May not hold any other office or
Government or any subdivision, agency or employment in the Government, or any
instrumentality thereof, including subdivision, agency, or instrumentality
government-owned or controlled thereof, including government-owned or
corporations or their subsidiaries. controlled corporations or their
subsidiaries.
Exceptions:
b. Shall not be appointed to any office
i. Unless otherwise allowed by law. which:

ii. Allowed by the primary functions of i. May have been created during the
his position. 351
term for which he was elected.

Specific disqualifications: ii. The emoluments thereof increased

i. The President, Vice-President, the Members
of the Cabinet, and their deputies or
assistants:
Prohibition:
Shall not hold any other office
employment during their tenure.
Exception:
during the term for which he was
elected.352
iv. The Members of the Supreme Court and of
other courts established by law:
Prohibition:
or
Shall not be designated to any agency
performing quasi-judicial or administrative
functions.353

Unless otherwise provided by the

Constitution.

349 Section 78, Rule 16, ibid.

350 352
Section 80, Rule 17, ibid. Section 13, Article VII, supra.
351 Section 6 & 7, Article IX-B, supra. 353 Section 12, Article VIII, supra.
78

v. Member of a Constitutional Commission:
Prohibition:
a. Shall, during his tenure, not hold any
other office or employment.354
b. Cannot be appointed if candidates for
any elective position in the elections
immediately preceding their appointment.
c. Cannot be reappointed at the end of his
seven (7) year term.355
vi. The Ombudsman and his Deputies:
Prohibition:
a. Shall not, during his tenure, hold any
other office or employment.356
b. Cannot be appointed if candidates for
any elective position in the elections
immediately preceding their appointment.
c. Cannot be reappointed at the end of his
seven (7) year term. 357
Appointment to the Civil Service:
Requisite:
It shall be made only according to merit and
fitness to be determined, as far as
practicable, by competitive examination.
Exceptions:
Positions which are:
a. Policy determining.
Meaning:
i. The officer lays down principal or
fundamental guidelines or rules.
ii. Formulates a method or action for
government or any of its
subdivisions.358
b. Primarily confidential.
Meaning:
354 Section 2, Article IX-A, supra.
355 Section 1, Article IX-B-C; ibid.
356 Section 8, Article XI, supra.
357 Section 1, Article IX-B-C; ibid.
358 Sana vs. CESB, G.R. No. 192926, November 15, 2011.See
footnote.
When by the nature of the functions of
the office there exists “close intimacy”
between the appointee and appointing
power which insures freedom of
intercourse without embarrassment or
freedom from misgivings of betrayals of
personal trust or confidential matters of
state.
Nature of the position:
i. They do not have security of tenure.
ii. The tenure of a confidential
employee is co-terminous with that of
the appointing authority, or is at the
latter's pleasure.
iii. The confidential employee may be
appointed or remain in the position
even beyond the compulsory retirement
age of 65 years.359
c. Highly technical.
Meaning:
Which requires possession of technical
skill or training in
the supreme or superior degree.360
Manner:
i. It is made only according to merit and
fitness.
ii. To establish a progressive system of
personnel administration as well as measures
that promote morale and the highest degree
of responsibility, integrity, loyalty, efficiency,
and professionalism in the Civil Service.361
iii. To make it fully effective, an appointment
to a civil service position must comply with all
the legal requirements.
iv. Thus, the law requires the appointment to
be submitted to the CSC, which will ascertain,
in the main, whether the proposed appointee
is qualified to hold the position and whether
the rules pertinent to the process of
appointment were observed.
v. The appointing officer and the CSC acting
together, though not concurrently but
consecutively, make an appointment
complete.
359 Civil Service Commission vs. Javier, G.R. No. 173264, February
22, 2008.
360 De los Santos vs. Mallare, G.R. No. L-3881, August 31, 1950.
361 Aquino s. COMELEC, G.R. No. 211789-90, March 17, 2015.
79
 vi. In acting on the appointment, the CSC ii. No diminution of salary even if
determines whether the appointee possesses assigned to a CES position with lower
the appropriate civil service eligibility or the salary grade, as he is compensated
required qualifications. If the appointee is according to his CES rank and not on
qualified, the appointment must be approved; the basis of the position or office he
if not, it should be disapproved.362 occupies.364

Classes of service: d. Career officers, other than those in the

Career Executive Service, who are
i. Career service. appointed by the President, such as the
Foreign Service Officers in the Department
Meaning: of Foreign Affairs.

Characterized by: e. Commissioned officers and enlisted men

of the Armed Forces which shall maintain
a. Entrance based on merit and fitness to a separate merit system.
be determined by competitive examination
or highly technical qualifications. f. Personnel of government-owned or
controlled corporations whether
b. Opportunity for advancement to higher performing governmental or proprietary
career positions. functions, who do not fall under the non-
career service.
c. Security of tenure.
g. Permanent laborers, whether skilled,
Positions included: semi-skilled or unskilled.

a. Open Career. ii. Non-career service.

Meaning: Meaning:

Appointment to which prior qualification Characterized by:

in an appropriate examination is
required. a. Entrance on bases other than those of
b. Closed Career. the usual tests of merit and fitness utilized
for the career service.
Meaning:
b. Tenure.
Positions which are scientific, or highly
technical in nature such as faculty and i. Which is limited to a period specified
academic staff of state colleges and by law.
universities.
ii. Which is coterminous with that of the
c. Positions in the Career Executive Service appointing authority or subject to his
appointed by the President. pleasure.

Requisites for security of tenure: iii. Which is limited to the duration of a

particular project for which purpose
i. Career Executive Service (CES) employment was made.
eligibility.
Positions included:
ii. Appointment to the appropriate CES
rank.363 a. Elective officials and their personal or
confidential staff.
Effect of transfer or reassignment:
b. Secretaries and other officials of Cabinet
i. Without losing his rank which follows rank who hold their positions at the
him wherever he is transferred or pleasure of the President and their
reassigned. personal or confidential staff(s).

c. Chairman and members of commissions

362
and boards with fixed terms of office and
Lagman vs. Ochoa, Jr., G.R. No. 197422, November 3, 2020.
363 Civil Service Commission vs. Pililla Water District, G.R. No.
364
190147, March 5, 2013. Seneres vs. Sabido IX, G.R. No 172902, October 21, 2015.
80
 their personal or confidential staff.
ciii. To promote progressiveness and
d. Contractual personnel or those whose courtesy in the civil service.
employment in the government is in
accordance with a special contract to ii. The next-in-rank rule is a rule of
undertake a specific work or job, requiring preference on who to consider for
special or technical skills not available in promotion.
the employing agency, to be accomplished
within a specific period, which in no case iii. The rule does not give employees
shall exceed one year, and performs or next in rank a vested right to the
accomplishes the specific work or job, position next higher to theirs should
under his own responsibility with a that position become vacant.
minimum of direction and supervision from
the hiring agency. Rationale:

e. Emergency and seasonal personnel.365 ai. Appointment is a discretionary

power of the appointing
Personnel Actions: authority. So long as the appointee
possesses the qualifications required
Any action denoting the movement or progress by law, the appointment is valid.
of personnel in the civil service.366
bii. Who to appoint is "a political
i. Promotion. question involving considerations of
wisdom which only the appointing
Meaning: authority can decide.367

The advancement of an employee from iv. The "next in rank rule" specifically
one position to another with an increase in applies only to promotions and not to
duties and responsibilities as authorized by positions created in the course of a
law, and usually accompanied by an valid reorganization.368
increase in salary.
Automatic reversion:
Next-in-rank:
Rule:
Meaning:
i. All appointments involved in a chain
Those who occupy the next lower of promotions must be submitted
positions in the occupational group simultaneously for approval by the
under which the vacant position is Commission.
classified, and in other functionally
related occupational groups and who ii. The disapproval of the appointment
are competent, qualified and with the of a person proposed to a higher
appropriate civil service eligibility. position invalidates the promotion of
those in lower positions and
Rule: automatically restores them to their
former positions.
i. The appointing authority must
automatically consider the employees iii. The affected persons are entitled to
next in rank as candidates for the payment of salaries for services
appointment. actually rendered at a rate fixed in their
promotional appointments.
Rationale:
Requisites:
ai. To maintain the policy of merit
and rewards in the civil service. i. There must first be a series of
promotions.
bii. It is assumed that the
appointments of employees next in ii. All appointments are simultaneously
rank are equally meritorious. submitted to the CSC for approval.

365 367
Civil Service Commission vs. Pililla Water District, supra. Abad vs. Dela Cruz, G.R. No. 207422, March 18, 2015.
366 368
Yangson vs. Department of Education, G.R. No. 200170, June 3, Cotiangco vs. The Province of Biliran, G.R. No. 157139, October
2019. 19, 2011.
81
 from the head of the department or
iii. The CSC disapproves the agency where he is employed.
appointment of a person proposed to a
higher position.369 Effectivity of transfer:

ii. Appointment through certification. i. The effective date of the transfer as

Meaning:
It shall be issued to a person who has
been selected from a list of qualified
persons certified by the Commission from
an appropriate register of eligibles, and
who meets all the other requirements of
the position.
iv. Reassignment.
Rule:
a. All such persons must serve a
probationary period of six months
following their original appointment.
b. They shall undergo a thorough
character investigation in order to acquire
permanent civil service status.
stated in the request.
ii. If the request to transfer of an
employee is not granted by the head of
the agency where he is employed, it
shall be deemed approved after the
lapse of 30 days from the date of notice
to the agency head.
Meaning:
The movement of an employee from one
organizational unit to another in the same
department or agency which does not
involve a reduction in rank, status or
salary and does not require the issuance
of an appointment.

c. A probationer may be dropped from the Rules:

service for unsatisfactory conduct or want
of capacity any time before the expiration
of the probationary period.
iii. Transfer.
a. A reassignment without the consent of
the employee being reassigned, it shall be
allowed only for a maximum period of one
year.

Meaning: b. Reassignment is presumed to be regular

and made in the interest of public service.
A movement from one position to another
which is of equivalent rank, level, or salary Exception:
without break in service involving the
issuance of an appointment. i. Unless proven otherwise.

Rules: ii. If it constitutes constructive

dismissal.
a. It shall not be considered disciplinary
when made in the interest of public Meaning of constructive
service, in which case, the employee dismissal:
concerned shall be informed of the
reasons therefor. ai. It exists when an employee quits
his work because of the agency
b. The transfer may be from one head’s unreasonable, humiliating, or
department or agency to another or from demeaning actuations which render
one organizational unit to another in the continued work impossible. This may
same department or agency. occur although there is no
diminution or reduction of salary of
c. Any movement from the non-career the employee.
service to the career service shall not be
considered a transfer.370 bii. It may be a transfer from a
position of dignity to a more servile
d. An employee who seeks transfer to or menial job.
another office shall first secure permission
c. No reassignment shall be undertaken if
done indiscriminately or whimsically.
369 Divinagracia, Jr. vs. Sto. Tomas, G.R. No. 110954, May 31, 1995.
370 Ejera vs. Merto, G.R. No. 163109, January 22, 2014.
82
 d. Reassignment of small salaried Requisites:
employees is not permissible if it causes
significant financial dislocation. a. Movement from one position to another.

e. Sufficient reasons to warrant the b. Involving the issuance of an

continued reassignment of the employee appointment.
and performance of functions other than
those attached to the position must be c. With diminution in duties,
established.371 responsibilities, status, or rank which may
or may not involve reduction in salary.375
v. Detail.
vii. Separation:
Meaning:
Kinds:
The movement of an employee from one
department or agency which is temporary a. Voluntary resignation.
in nature, which does not involve a
reduction in rank, status or salary and b. Involuntary resignation.
does not require the issuance of another
appointment. c. Dismissal.

Nature: d. Retirement, voluntary or involuntary.

a. It is temporary in nature. viii. Reinstatement.

b. It is only allowed for a maximum period Meaning:

for those occupying professional,
technical, and scientific positions. Restoration to a state or condition from
which one had been removed or
c. The employee detailed receives his separated.
salary only from his mother unit/agency.
Effect:
Distinctions:372
The person reinstated assumes the
Detail Reassignment position he had occupied prior to his
dismissal.
a. It requires a a. It requires a
movement from one movement within the Condition:
agency to another. same agency.
i. Reinstatement presupposes that the
b. Pending appeal b. Pending appeal previous position from which one had
with the CSC, an with the CSC, a been removed still exists.
order to detail is reassignment order
immediately does not become ii. There is an unfilled position which is
executory immediately effective. substantially equivalent or of similar
nature as the one previously occupied
by the employee.376
vi. Demotion:
Award of backwages:
Meaning:
Conditions:
An employee is moved or appointed from
a higher position to a lower position with i. Found innocent of the charges which
decreased duties and responsibilities, or caused the suspension.377
with lesser status, rank, or salary, 373 is
tantamount to removal, if no cause is Meaning:
shown for it.374

371 Ejera vs. Merto, supra.

372 Republic of the Philippines vs. Pacheo, G.R. No. 178021, January
25, 2012.
373 Yangson vs. Department of Education, supra.
374 Bautista vs. Civil Service Commission, G.R. No. 185215, July 22,
375Domingo vs. Carague, G.R. No. 161065, April 15, 2005.
376
Traveloka Philippines, Inc. vs. Ceballos, Jr.,G.R. No. 254697,
February 14, 2022.
377 Republic of the Philippines (Department of Education) vs.

2010. Maneja, G.R. No. 209052, June 23, 2021.

83
 There must be complete exoneration 4. LAW ON PUBLIC OFFICERS
of the charges levelled against the
employee.378 GENERAL PRINCIPLES:

ii. When the suspension is Public office:

unjustified.379
Meaning:
Meaning:
The right, authority and duty, created and
The employee's separation from conferred by law, by which, for a given
service is not warranted under the period either fixed by law or enduring at
circumstances because there was no the pleasure of the creating power, an
cause for suspension or dismissal.380 individual is invested with some portion of
the sovereign functions of government, to
Instances: be exercised by that individual for the
benefit of the public.383
ai. Where the employee did not
commit the offense charged, Creation:
punishable by suspension or
dismissal (total exoneration). a. By the Constitution.

bii. The government employee is b. By valid statutory enactments

found guilty of another offense for
an act different from that for which c. By authority of law.
he was charged.
MODES OF ACQUIRING TITLE TO PUBLIC
iii. Premature execution of a decision OFFICE:
dismissing an employee from
government service. a. By election.

iv. The penalty is suspension or b. By appointment.

removal and the respondent wins such
appeal.381 Kinds/classification:384

ix. Reemployment. As to its nature:

Instances: a. Permanent.

ai. Laid off permanent employees due to Meaning:

lack of work or funds or due to change in
the scope or nature of an agency's Issued only to a person who meets all
program or as a result of reorganization as the requirements, including the
the opportunity or reemployment arises.382 appropriate eligibility prescribed.385

bii. Resignation. b. Temporary.

ciii. Retirement. Meaning:

The appointee meets all the

requirements for the position except
only the appropriate civil service
eligibility.

378 Yamson vs. Castro, G.R. No. 194763-64, July 20, 2016.
379 Republic of the Philippines (Department of Education) vs.
Maneja, supra
380 Yamson vs. Castro, supra.
381 PNP-CIDG vs. Villafuerte, G.R. No. 219771, September 18, 2018.
382 Uy vs. Commission on Audit, G.R. No. 130685, March 21, 2000.
383
Biraogo vs. Philippine Truth Commission 2010, G.R. No. 192935,
December 7, 2010.
384 General vs. Urro, G.R. No. 191560, March 29, 2011.
385 Caringal vs. PCSO, G.R. No. 161942, October 13, 2005

84
 Effect:
i. The acceptance of a temporary
appointment acceptance of
a temporary appointment divests an
appointee of the right to security of
tenure against removal without cause.
ii. It has no fixed tenure of office.
iii. His employment can be terminated
at the pleasure of the appointing
authority, even without cause.386
iv. It does not confer security of tenure
on the person named.387
As to the manner in which it is made:
a. Regular.
Meaning:
One made while Congress
session.388
Stages:
i. Nomination.
ii. Confirmation by the Commission on
Appointments.
iii. Issuance of a commission (in the
Philippines, upon submission by the
Commission on Appointments of its
certificate of confirmation, the President
issues the permanent appointment)
iv. Acceptance.389
b. Ad interim.
Meaning:
Is one issued during the recess of
Congress.
386 Ong vs. Office of the President, G.R. No. 184219, January 30,
2012.
387 Bagaoisan vs. Office of the Ombudsman for Mindanao, G.R. No.
242005, June 26, 2019.
388 General vs. Urro, supra.
389 Cayetano vs. Monsod, G.R. No. 100113, September 3, 1991.
ELIGIBILITY AND QUALIFICATION
REQUIREMENTS:
Qualifications:
Elements:
a. May refer to endowments, qualities or
attributes which make an individual eligible
for public office.
Requirements:
i. The individual must possess the
qualifications at the time of
appointment or election and
continuously for as long as the official
relationship exist.
ii. Loss of any of the qualifications
during incumbency will be a ground for
termination.
is in b. May refer to the act of entering into the
performance of the functions of a public
office.390
Instances:
i. An oath of office is a qualifying
requirement for a public office. Only
when the public officer has satisfied this
prerequisite can his right to enter into
the position be considered plenary and
complete.391
ii. Once proclaimed and duly sworn in
office, a public officer is entitled to
assume office and to exercise the
functions thereof.392
Authority to prescribe qualifications:
a. Prescribed by the Constitution which are
generally exclusive, except where the
Constitution itself provide otherwise.
b. Relative to public offices created by
statutes, Congress has virtually plenary
powers to prescribe qualifications.
Conditions:
i. The qualifications are germane to the
objective/s for which the public office
was created.
ii. The qualifications are not too specific
to fit a particular, identifiable person,
390
Labo vs. COMELEC, G.R. No. 86564, August 1, 1988.
391 Lecaroz vs. Sandiganbayan, G.R. No. 130872, March 25, 1999.
392 Mendoza vs. Laxina, G.R. No. 146875, July 14, 2003.
85
 because that would deprive the e. Detail or reassignment.
appointing authority of discretion in the
selection of the appointee.393 f. Nepotism.

PROHIBITIONS: Meaning:

a. Partisan political activity. All appointments in the national, provincial,

city and municipal governments or in any
Covered employees: branch or instrumentality thereof, including
government-owned or controlled
i. Civil servants holding apolitical offices. corporations, made in favor of a relative of
the appointing or recommending authority, or
ii. Members of the military of the chief of the bureau or office, or of the
persons exercising immediate supervision
Exceptions: over him.

i. Elected officials. Person liable:

ii. To vote. An appointment is issued in favor of a relative

within the third civil degree of consanguinity
iii. To express their views on political issues. or affinity by any of the following:

iv. Mention the names of certain candidates i. Appointing authority.

for public office whom they support.394
ii. Recommending authority.
v. Military reservists.395
iii. Chief of the bureau or office.
b. Additional or double compensation.
iv. Person exercising immediate supervision
Exceptions: over the appointee.

i. The law allows him to receive extra Exceptions (position):

compensation for services rendered in
another position which is an extension or is i. Persons employed in a confidential
connected with his basic work. capacity.

ii. Pensions or gratuities. ii. Teachers.

c. Prohibitions against loans. iii. Physicians.

Constitutional prohibition: iv. Members of the Armed Forces of the

Philippines.
No loan, guaranty, or other form of financial
accommodation for any business purpose POWERS OF PUBLIC OFFICERS:
may be granted, directly or indirectly, by any
government-owned or controlled bank or Sources:
financial institution to the President, the Vice-
President, the Members of the Cabinet, the i. Expressly conferred upon him by the act
Congress, the Supreme Court, and the appointing him.
Constitutional Commissions, the Ombudsman,
or to any firm or entity in which they have ii. Expressly annexed to the office by law.
controlling interest, during their tenure.396
iii. Attached to the office by common law as
d. Limitation of laborers. incidents to it.

iv. “Doctrine of necessary implication”

Meaning:

393 Flores vs. Drilon, G.R. No. 104732, June 22, 1993. It states that every statutory grant of
394 Quinto vs. COMELEC, G.R. No. 189698, February 22, 2010. power, right or privilege is deemed to
Motion for reconsideration.
395 Ibid. Footnote of the dissenting opinion of J. Nachura.
396 Section 16, Article XI, supra.

86
 include all incidental power, right or
privilege.397
Kinds/classification
Ministerial power:
Meaning:
i. It is one which an officer or tribunal
performs in a given state of facts, in a
prescribed manner, in obedience to the
mandate of legal authority, without
regard to or the exercise of his own
judgment upon the propriety or
impropriety of the act done.
ii. When the discharge of the same
requires neither the exercise of official
discretion nor judgment.
Discretionary power:
Meaning:
A power or right conferred upon them
by law of acting officially in certain
circumstances, according to the dictates
of their own judgment and conscience,
uncontrolled by the judgment or
conscience of others.398
DUTIES OF A PUBLIC OFFICER:
General constitutional duties:
i. Must at all times be accountable to the
people.
ii. Serve the people with
responsibility, integrity, loyalty,
efficiency.
iii. Act with patriotism and justice.
iv. Lead modest lives.
v. A public officer or employee shall, upon
assumption of office and as often thereafter
as may be required by law, submit a
declaration under oath of his assets,
liabilities, and net worth.
vi. In the case of the President, the Vice-
President, the Members of the Cabinet, the
Congress, the Supreme Court, the
Constitutional Commissions and other
constitutional offices, and officers of the
armed forces with general or flag rank, the
397
DENR vs. United Planners Consultants, Inc., G.R. No. 212081,
February 23, 2015.
398 Lamb vs. Phipps, G.R. No. 7806, July 12, 1912.
declaration shall be disclosed to the public in
the manner provided by law.
vii. Public officers and employees owe the
State and this Constitution allegiance at all
times.399
RIGHT OF PUBLIC OFFICERS:
a. Right to office.
Meaning:
The just and legal claim to exercise the
powers and the responsibilities of the public
officer.
Term:
Meaning:
The time during which the officer may
claim to hold the office as of right, and
fixes the interval after which the several
incumbents shall succeed one another.
The term of office is not affected by the
hold-over.
Tenure:
Meaning:
The tenure represents the term during
which the incumbent actually holds the
office. The tenure may be shorter than the
term for reasons within or beyond the
power of the incumbent.400
b. Right to salary.
utmost
and Meaning:
A recompense or consideration made to a
person for his pains or industry in another
man's business. It carries with it the
fundamental idea of compensation for
services rendered.401
Basis:
i. The legal title to the office and the fact that
the law attaches compensation to the office.
ii. It is based on the assumption that the
appointment or designation thereof was
made in accordance with law. With a color of
authority to make such right to the salary
existed.402
399 Sections 1, 17, 18, Article XI, supra.
400
Fetalino vs. Barcelona, Jr., G.R. No. 191890, December 4, 2012.
401 Cumigad vs. AAA, G.R. No. 219715, December 6, 2021.
402 Dimaandal vs. COA, G.R. No. 122197, June 26, 1998.
87
 Constitutional provisions affecting
salary:
i. Members of the Senate and the House of
Representatives:
No increase in said compensation shall
take effect until after the expiration of the
full term of all approving such increase.403
ii. President and Vice-President:
a. The salaries of the shall not be
decreased during their tenure.
b. No increase in the compensation shall
take effect until after the expiration of the
term of the incumbent during which such
increase was approved.
c. It shall not receive during their tenure
any other emolument from the
Government or any other source.404
iii. The salary of the judiciary shall not be
decreased during the continuance in office.405
iv. Elective or appointive public officer or
employee:
a. No additional compensation.
b. No double compensation.
c. No indirect compensation
Exception:
Unless specifically authorized by law.406
v. The Congress shall provide for the
standardization of compensation of
government officials and employees,
including those in government-owned or
controlled corporations with original charters,
taking into account the nature of the
responsibilities pertaining to, and the
qualifications required for their positions.407
Rules affecting salary:
i. A de facto officer is legally entitled to the
emoluments of the office, and may in an
appropriate action recover the salary, fees
and other compensations attached to the
office.408
403 Section 10, Article VI, supra.
404 Section 6, Article VII, supra.
405 Section 10, Article VIII, supra.
406 Section 8, Article IX-B, supra.
407 Section 5, ibid.
408 Arroyo vs. Court of Appeals, G.R. No. 202860, April 10, 2019.
ii. The salary due from the government to a
public officer or employee cannot, by
garnishment, be seized before being paid to
him and appropriated to the payment of his
judgment debts.409
iii. On account of reorganization, the position
abolished, and the incumbent thereof request
retention and even accepts an appointment
to a lower position cannot demand payment
of salary equivalent to that of the its former
position.410
iv. Compensation, allowances and other
benefits received by government officials and
employees without the requisites approval or
authority of the DBM are unauthorized and
irregular.411
v. The COA has the authority to order the
withholding of an officer’s salary and other
emoluments up to the amount of his alleged
shortage.412
Preventive suspension and the right to
salary:
Kinds:413
a. Pending investigation.
Employees who are preventively
suspended pending investigation are
not entitled to the payment of their
salaries even if they are exonerated
b. Pending appeal.
They are entitled to compensation for
the period of their suspension pending
appeal if eventually they are found
innocent.
Rule on back wages:
An illegally dismissed government
employee who is later ordered reinstated
is entitled to backwages and other
monetary benefits from the time of her
illegal dismissal up to her reinstatement.414
409 The Director of the Bureau of Printing vs. Francisco, G.R. No. L-
31337, December 20, 1973.
410 Manalo vs. Gloria, G.R. No. 106692, September 1, 1994.
411
Coomission on Human Rights Employees Association vs. CHR,
G.R. No. 155336, November 25, 2004.
412 Santiago vs. COA, G.R. No. 146824, November 21, 2007.
413 Caniete vs. Secretary of Education, Culture and Sports, G.R. No.
140359, June 19, 2000.
414 Civil Service Commission vs. Gentallan, G.R. No. 152833, May
9, 2005.
88
 Exception:
i. His reinstatement was not the result
of exoneration but an act of liberality.415
ii. Not completely exonerated.416
iii. Neither exonerated nor unjustifiably
suspended.417
Basis for the payment of back wages:
a. He is found innocent of the charges.
b. The suspension or dismissal is
unjustified.418
c. Right to preference in promotion.
Next-in-rank rule:
i. They would be among the first to be
considered for the vacancy if qualified, and if
the vacancy is not filled by promotion, the
same shall be filled by transfer or other
modes of appointment.
ii. The next-in-rank rule may be disregarded
even in case of promotions.
iii. The next-in-rank rule is not absolute; it
only applies in cases of promotions.
iv. The concept of ‘next in rank' does not
import any mandatory or peremptory
requirement that the person next in rank
must be appointed to the vacancy.
There is no legal fiat that a vacancy must be
filled only by promotion; the appointing
authority is given wide discretion to
fill a vacancy from among the several
alternatives provided for by law.419
d. Right to vacation and sick leave.
e. Right to maternity leave.
f. Right to Retirement pay.
g. Right to reimbursement for expenses incurred
in the due performance of his duty.
415
Balitaosan vs. Secretary of Education, Culture and Sports, G.R.
No. 138238, September 2, 2003.
416 SSS vs. Isip, G.R. No. 165417, April 3, 2007.
417 Brugada vs. Secretary of Education, Culture and Sports, G.R. No.
142332-43, January 31, 2005.
418 SSS vs. Isip, supra.
419 Espanol vs. Civil Service Commission, G.R. No. 85479, March 3,
1992.
LIABILITIES OF PUBLIC OFFICER:
Threefold liability rule:
i. The wrongful acts/omissions of a public
officer may give rise to civil, criminal and
administrative liability, each of which is
separate and distinct from the other.
ii. Administrative cases are independent from
criminal actions for the same act or omission,
the dismissal or acquittal of the criminal
charge does not foreclose the institution of
administrative action nor carry with it the
relief from administrative liability.420
Command responsibility:
Rule:
a. An accepted notion in military or police
structural dynamics or its counterpart
of respondent superior in the law on
quasi-delicts.
b. The negligence of the subordinate
cannot be ascribed to his superior in the
absence of evidence of the latter’s own
negligence. Indeed, the negligence of the
subordinate is not tantamount to
negligence of the superior official.
c. A head of a department or a superior
officer shall not be civilly liable for the
wrongful acts, omissions of duty,
negligence, or misfeasance of his
subordinates, unless he has actually
authorized by written order the specific act
or misconduct complained of.
DE FACTO OFFICERS:
Meaning:
i. One who has the reputation of being the
officer he assumes and yet is not a good
officer in point of law.
ii. Is one who is in possession of the office
and discharging its duties under color of
authority.
Elements:
i. There must be a de jure office.
ii. There must be actual physical possession
of the office in good faith.
420
Bangko Sentral ng Pilipinas vs. Office of the Ombudsman, G.R.
No. 201069, June 16, 2021.
89
 iii. There must be a color of right or general
acquiescence by the public.
Instances:
a. Without a known appointment or
election, but under such circumstances
of reputation or acquiescence as were
calculated to induce people, without
inquiry, to submit to or invoke his action,
supposing him to be the officer he
assumes to be.
b. Under color of a known or valid
appointment or election, where the officer
has failed to conform to some precedent
requirement or conditions, for example, a
failure to take the oath of give a bond or
similar defect.
c. Under color of a known election or
appointment, void because the officer was
not eligible, or because there was a want
of power in the electing or appointing
body, or by reason of some defect or
irregularity in its exercise, such ineligibility,
want of power or defect being unknown to
the public. and
d. Under color of an election, or
appointment, by or pursuant to a public
unconstitutional law, before the same is
adjudged to be such.421
Effects:
The official acts of a (de facto officer) during
the period of his wrongful tenure is deemed
valid, binding, and effective.
Purpose/rationale:
a Primarily for protecting those who rely
on the official acts of persons discharging
the duties of a public office, without being
lawful officers.
b. It is meant to ensure the functioning of
the government "despite technical defects
in [the official's title to office.
c. The primordial concern that the doctrine
seeks to address remains to be the
protection of the public, who rely on the
acts of a person performing the duties of
an office pursuant to an irregular or
defective authority.
Right to compensation:
421 Alameda vs. COA, G.R. No. 254394, April 5, 2022.
a. A de facto officer, who, in good faith
has had possession of the office and has
discharged the duties pertaining thereto, is
legally entitled to the emoluments of the
office, and may in an appropriate action
recover the salary, fees and other
compensations attached to the office.
b. The de facto officer who performed the
functions of the office in good faith, and
actually rendered services for the benefit
of the public, must be compensated.
c. Any per diem, allowances or other
emoluments received by the respondents
by virtue of actual services rendered in the
questioned positions may therefore be
retained by them.
Exeptions:
i. Where there is a de jure officer,
a de facto officer, during his wrongful
incumbency, is not entitled to the
emoluments attached to the office,
even if he occupied the office in good
faith.
Effects:
ai. A rightful incumbent of a public
office may recover from
a de facto officer the salary received
by the latter during the time of his
wrongful tenure, even though he
(the de facto officer) occupied the
office in good faith and under color
of title.422
bii. A de facto officer, not having a
good title, takes the salaries at his
risk and must, therefore, account to
the de jure officer for whatever
salary he received during the period
of his wrongful tenure.423
ii. Thus, the lack of good faith
possession of office disqualifies him (de
facto officer) from retaining the
compensation corresponding to the
(office held).
422
Arroyo vs. Court of Appeals, G.R. No. 202860, April 10, 2019.
423
The General Manager, Philippine Ports Authority vs. Monserate,
G.R. No. 129616, April 17, 2002.
90
 Distinctions:424 Grounds:

De jure officer De facto officer a. Old age.

a. Exercising the office a. Who has the b. Permanently bar a person from
as a matter of right. reputation of being the returning to the workforce like serious
officer he assumes to physical impediments, personal choice,
be and yet is not a dissolution of the office or position, or
good officer in point of exercise of the employer's prerogative.
law—that is, there
exists some defect in Kinds:
his appointment or
election and in his right a. Voluntary.
to exercise judicial
functions at the Meaning:
particular time.
When one decides upon one's own
b. He is an officer of a b. Exercising the office unilateral and independent volition to
court which has been under some color of permanently cease the exercise of one's
duly and legally elected right. occupation.
or appointed.
b. Involuntary.
c. He is an officer of c. An officer who is not
the law fully vested fully invested with all of Meaning:
with all of the powers the powers and duties
and functions conceded conceded under the When one's profession is terminated for
under the law. law. reasons outside the control and
discretion of the worker. Impeachment
d. Legally appointed or d. Exercises his or her resulting in removal from holding office
elected, and possesses authority under a color falls under the column
all qualifications to the of an appointment or on involuntary retirement.426
office. an election.
ACCOUNTABILITY OF PUBLIC OFFICERS:
e. It is “[a]ctual [or] e. [e]xisting by right or
existing in fact”425 according to law. Discipline:

f. Rests on right. f. Rests on reputation. Grounds:

a. Dishonesty.
TERMINATION OF OFFICIAL RELATION:
b. Oppression.
Retirement:
c. Neglect of duty.
Meaning:
d. Misconduct.
a. The termination of one's own
employment or career, especially upon e. Disgraceful and immoral conduct.
reaching a certain age or for health
reasons. f. Being notoriously undesirable.

b. To retire is to withdraw from one's g. Discourtesy in the course of official

position or occupation, or to conclude duties.
one's active working life or professional
career. h. Inefficiency and incompetence in the
performance of official duties.

424Ibid.
425Re: Nomination of Atty. Chaguile as replacement for IBP
426
Governor for Northern Luzon, A.M. No. 13-04-03-SC. December 10, Re: Letter of Mrs. Cristina Roco Corona, A.M. No. 20-07-10-SC,
2013.bassi January 12, 2021.
91
i. Receiving for personal use of a fee, gift
or other valuable thing in the course of
official duties or in connection therewith
when such fee, gift, or other valuable
thing is given by any person in the hope or
expectation of receiving a favor or better
treatment than that accorded other
persons, or committing acts punishable
under the anti-graft laws.
j. Conviction of a crime involving moral
turpitude.
k. Improper or unauthorized solicitation of
contributions from subordinate employees
and by teachers or school officials from
school children.
l. Violation of existing Civil Service Law
and rules or reasonable office regulations.
m. Falsification of official document.
n. Frequent unauthorized absences or
tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty
during regular office hours.
o. Habitual drunkenness.
p. Gambling prohibited by law.
q. Refusal to perform official duty or
render overtime service.
r. Disgraceful, immoral or dishonest
conduct prior to entering the service.
s. Physical or mental incapacity or
disability due to immoral or vicious habits.
t. Borrowing money by superior officers
from subordinates or lending by
subordinates to superior officers.
u. Lending money at usurious rates of
interest.
v. Willful failure to pay just debts or willful
failure to pay taxes due to the
government.
w. Contracting loans of money or other
property from persons with whom the
office of the employee concerned has
business relations.
x. Pursuit of private business, vocation or
profession without the permission required
by Civil Service rules and regulations.
y. Insubordination.
427
z. Engaging directly or indirectly in
partisan political activities by one holding a
non-political office.
aa. Conduct prejudicial to the best interest
of the service.
bb. Lobbying for personal interest or gain
in legislative halls or offices without
authority.
cc. Promoting the sale of tickets in behalf
of private enterprises that are not
intended for charitable or public welfare
purposes and even in the latter cases if
there is no prior authority.
dd. Nepotism as defined in Section 60 of
this Title.427
Condonation doctrine:
Meaning:
That an elected public official cannot be
removed for administrative misconduct
committed during a prior term, since his
re-election to office operates as a
condonation of the officer's previous
misconduct to the extent of cutting off
the right to remove him therefor.
Basis:
i. An official's re-election expresses the
sovereign will of the electorate to
forgive or condone any act or omission
constituting a ground for administrative
discipline which was committed during
his previous term.
ii. It is also justified by sound public
policy.
Coverage:
i. Re-election through regular elections.
ii. Recall elections.
Exception:
i. It cannot apply to criminal acts which
the re-elected official may have
committed during his previous term.
ii. It would not apply to appointive
officials since, as to them, there is no
sovereign will to disenfranchise.
Section 46 (b), Chapter 7, Book V/Title I/Subtitle I, E.O. 292.
92
 Applicability:
i. The condonation doctrine
abandoned.
Basis:
ai. Primarily on the grounds that
there was no legal authority to
sustain the condonation doctrine in
this jurisdiction.
bii. For being contrary to the present
Constitution's mandate of holding all
public officials and employees
accountable to the people at all
times.
ii. The abandonment of
the condonation doctrine shall be
prospective in application for the reason
that judicial decisions applying or
interpreting the laws or the
Constitution, until reversed, shall form
part of the legal system of the
Philippines.428
Ombudsman:
Functions:429
i. Investigate on its own, or on
complaint by any person, any act or
omission of any public official,
employee, office or agency, when such
act or omission appears to be illegal,
unjust, improper, or inefficient.
ii. Direct, upon complaint or at its own
instance, any public official or employee
of the Government, or any subdivision,
agency or instrumentality thereof, as
well as of any government-owned or
controlled corporation with original
charter, to perform and expedite any
act or duty required by law, or to stop,
prevent, and correct any abuse or
impropriety in the performance of
duties.
iii. Direct the officer concerned to take
appropriate action against a public
official or employee at fault, and
recommend his removal, suspension,
demotion, fine, censure, or prosecution,
and ensure compliance therewith.
iv. Direct the officer concerned, in any
appropriate case, and subject to such
limitations as may be provided by law,
to furnish it with copies of documents
428 Madreo vs. Bayron, G.R. No. 237330, November 3, 2020.
429 Section 13, Article XI, supra.
relating to contracts or transactions
entered into by his office involving the
was disbursement or use of public funds or
properties, and report any irregularity
to the Commission on Audit for
appropriate action.
v. Request any government agency for
assistance and information necessary in
the discharge of its responsibilities, and
to examine, if necessary, pertinent
records and documents.
vi. Publicize matters covered by its
investigation when circumstances so
warrant and with due prudence.
vii. Determine the causes of
inefficiency, red tape, mismanagement,
fraud, and corruption in the
Government and make
recommendations for their elimination
and the observance of high standards
of ethics and efficiency.
viii. Promulgate its rules of procedure
and exercise such other powers or
perform such functions or duties as
may be provided by law.
Sandiganbayan:
Jurisdiction:
i. Officials of the executive branch with
Salary Grade 27 or higher.
ii. Officials specifically enumerated in
Section 4(A)(l) (a) to (g), regardless of
their salary grades, as follows:
ai. Violations of Republic Act No.
3019, as amended, otherwise known
as the Anti-graft and Corrupt
Practices Act, Republic Act No. 1379,
and Chapter II, Section 2, Title VII,
Book II of the Revised Penal Code,
where one or more of the accused
are officials occupying the following
positions in the government whether
in a permanent, acting or interim
capacity, at the time of the
commission of the offense:
ia. Officials of the executive
branch occupying the positions of
regional director and higher,
otherwise classified as Grade '27'
and higher, of the Compensation
and Position Classification Act of
1989 (Republic Act No. 6758),
specifically including:
93
 aai. Provincial governors, vice-
governors, members of the
sangguniang panlalawigan and
provincial treasurers,
assessors, engineers and other
provincial department heads.
bbii. City mayors, vice-mayors,
members of the sangguniang
panlungsod, city treasurers,
assessors engineers and other
city department heads.
cciii. Officials of the diplomatic
service occupying the position
of consul and higher.
ddiv. Philippine army and air
force colonels, naval captains,
and all officers of higher rank.
eev. Officers of the Philippine
National Police while occupying
the position of provincial
director and those holding the
rank of senior superintendent
or higher.
ffvi. City and provincial
prosecutors and their
assistants, and officials and
prosecutors in the Office of the
Ombudsman and special
prosecutor.
ggvii. Presidents, directors or
trustees, or managers of
government-owned or - Rules affecting consecutiveness or
controlled corporations, state
universities or educational
institutions or foundations.430
TERM LIMITS:
Meaning:
i. After three (or two) consecutive terms, an
elective local (or national) official cannot
seek immediate reelection for a fourth (third)
term.
ii. The prohibited election refers to the next
regular election for the same office following
the end of the third (or second) consecutive
term.
iii. Clearly, what the Constitution prohibits is
an immediate reelection for a fourth (or third)
term following three (or two) consecutive
terms. The Constitution, however, does not
430
Grageda vs. Fact-finding Investigation Bureau, G.R. No. 244042,
March 18, 2021.
prohibit a subsequent reelection for a fourth
term as long as the reelection is not
immediately after the end of the third
consecutive term.431
Requisites for disqualification:
i. The official concerned has been elected for
three consecutive terms in the same local
government post.
ii. He has fully served three consecutive
terms.
Parts:
i. First part:
The provision is expressed in the negative.
This formulation - no more than three
consecutive terms - is a clear command
suggesting the existence of an inflexible
rule. “Three consecutive terms" exactly
connotes, the meaning is clear - reference
is to the term, not to the service that a
public official may render. In other words,
the limitation refers to the term.
ii. Second part:
It relates to the provision's express
initiative to prevent any circumvention of
the limitation through voluntary severance
of ties with the public office. This
declaration complements the term
limitation mandated by the first branch.432
terms and/or involuntary interruption:
Interruption of term:
a. When a permanent vacancy occurs in
an elective position and the official merely
assumed the position pursuant to the rules
on succession.
b. If the official runs again for the same
position he held prior to his assumption of
the higher office (pursuant to the rules on
succession).
c. An elective official, who has served for
three consecutive terms but later won in a
recall election.
d. When a candidate is proclaimed as
winner for an elective position and
assumes office, his term is interrupted
431Socrates vs. COMELEC, G.R. No. 154512, November 12, 2002.
432
Aldovino, Jr. vs. COMELEC, G.R. No. 184836, December 23,
2009.
94
 when he loses in an election protest and is
ousted from office.
e. The DILG's execution of the OMB
decisions (even pending appeal) for the
petitioner's dismissal clearly constituted
loss of the petitioner's title to the office.
The dismissals were involuntary
interruptions in the petitioner's term. As
such, he cannot be considered to have
fully served a third successive term of
office.
No term interruption:
a. The abolition of an elective local office
due to the conversion of a municipality to
a city does not, by itself, work to interrupt
the incumbent official’s continuity of
service.
b. Preventive suspension is not a term-
interrupting event as the elective officer’s
continued stay and entitlement to the
office remain unaffected during the period
of suspension, although he is barred from
exercising the functions of his office during
this period.
c. When an official is defeated in an
election protest and said decision becomes
final after said official had served the full
term for said office.433
“Hold-over” principle:
Rule:
a. Absent an express or implied
constitutional or statutory provision to the
contrary, an officer is entitled to stay in
office until his successor is appointed or
chosen and has qualified.
b. The legislative intent of not allowing
holdover must be clearly expressed or at
least implied in the legislative enactment,
otherwise it is reasonable to assume that
the law-making body favors the same.
Reason/purpose:
a. Indeed, the law abhors a vacuum in
public offices, and courts generally indulge
in the strong presumption against a
legislative intent to create, by statute, a
condition which may result in an executive
or administrative office becoming, for any
period of time, wholly vacant or
unoccupied by one lawfully authorized to
exercise its functions.
433
Tallado vs. COMELEC, G.R. No. 246679, September 10, 2019.
b. This is founded on obvious
considerations of public policy, for the
principle of holdover is specifically
intended to prevent public convenience
from suffering because of a vacancy and
to avoid a hiatus in the performance of
government functions.
c. The application of the hold-
over principle preserves continuity in the
transaction of official business and
prevents a hiatus in government. Thus,
cases of extreme necessity justify the
application of the hold-over principle.434
5. COMMISSION ON ELECTIONS
Qualifications:435
a. A natural-born citizens of the Philippines.
b. At the time of their appointment, at least
thirty-five years of age.
c. Holders of a college degree. However, a
majority thereof, including the Chairman, shall
be Members of the Philippine Bar who have
been engaged in the practice of law for at least
ten years.
d. Must not have been candidates for any
elective position in the elections immediately
preceding their appointment.
Classifications of powers:436
a. Administrative power:
Refers to the enforcement and administration
of election laws (Section 2 (1), (3), (4), (5),
(6), (7), (8), and (9) of Article IX-C of the
Constitution).
b. Quasi-legislative power:
Refers to the issuance of rules and
regulations to implement the election laws
and to exercise such legislative functions as
may expressly be delegated to it by
Congress.
c. Quasi-judicial power:
Embraces the power to resolve controversies
arising from the enforcement of election laws,
and to be the sole judge of all pre-
proclamation controversies; and of all
contests relating to the elections, returns,
434 Civil Aviation Authority of the Philippines Employees’ Union
(CAAP-EU) vs. Civil Aviation Authority of the Philippines (CAAP),
G.R. No. 190120, November 11, 2014.
435 Ibid.
436 Aggabao vs. COMELEC, G.R. No. 258456, July 26, 2022.
95
 and qualifications. (Section 2 (2) of Article IX-
C of the Constitution)
Powers/functions:437
a. Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and
recall.
b. Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over
all contests involving elective municipal officials
decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by
trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the
Commission on election contests involving
elective municipal and barangay offices shall be
final, executory, and not appealable.
c. Decide, except those involving the right to
vote, all questions affecting elections, including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters.
d. Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government, including
the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
e. Register, after sufficient publication, political
parties, organizations, or coalitions which, in
addition to other requirements, must present
their platform or program of government; and
accredit citizens’ arms of the Commission on
Elections. Religious denominations and sects
shall not be registered. Those which seek to
achieve their goals through violence or unlawful
means, or refuse to uphold and adhere to this
Constitution, or which are supported by any
foreign government shall likewise be refused
registration. Financial contributions from foreign
governments and their agencies to political
parties, organizations, coalitions, or candidates
related to elections constitute interference in
national affairs, and, when accepted, shall be an
additional ground for the cancellation of their
registration with the Commission, in addition to
other penalties that may be prescribed by law.
f. File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
437
ibid.
constituting election frauds, offenses, and
malpractices.
g. Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where propaganda
materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
h. Recommend to the President the removal of
any officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to its
directive, order, or decision.
i. Submit to the President and the Congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
Jurisdiction:
i. En banc:
Administrative function:
a. To correct manifest error in the
tabulation or tallying of results may
directly assume jurisdiction.438
b. The power to prosecute cases of
violation of election laws.439
ii. Division (quasi-judicial function):
Original jurisdiction:
a. To cancel a certificate of candidacy.440
b. Exercise exclusive original jurisdiction
over all contests relating to the elections,
returns, and qualifications of all elective
regional, provincial, and city officials.441
c. pre-proclamation cases in the exercise
of its adjudicatory or quasi-judicial
functions.442
Appellate jurisdiction:443
a. Over all contest involving elective
municipal officials decided by trial courts
of general jurisdiction.
438 Jaramilla vs. COMELEC, G.R. No. 155717, October 23, 2003.
439 Baytan vs. COMELEC, G.R. No. 153945, February 4, 2003.
440 Bautista vs. COMELEC, G.R. No. 154796, October 23, 2003.
441 Section 2, Article IX-C, supra.
442 Jaramilla vs. COMELEC, supra.
443 Soller vs. COMELEC, G.R. No. 139853, September 5, 2000.
96
 b. Over all contest involving elective
barangay officials decided by trial courts of
limited jurisdiction.
Prohibited offices:444
i. No elective official shall be eligible for
appointment or designation in any capacity to
any public office or position during his tenure.
ii. No appointive official shall hold any other
office or employment in the Government or
any subdivision, agency or instrumentality
thereof, including government-owned or
controlled corporations or their subsidiaries.
Exception:
a. Unless otherwise allowed by law.
b. Allowed by the primary functions of his
position.
6. ELECTION LAW
CITIZENSHIP:
Who are Filipinos:445
i. Those who are citizens of the Philippines at
the time of the adoption of this Constitution.
ii. Those whose fathers or mothers
are citizens of the Philippines.
iii. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.
iv. Those who are naturalized in accordance
with law.
Categories of Filipino citizens:
i. Natural-born Filipino citizen:
Meaning:
One who is a citizen of the Philippines
"from birth without having to perform any
act to acquire or perfect Philippine
citizenship."
Instances:
a. Those who are citizens of the
Philippines from birth without having to
perform any act to acquire or perfect their
Philippine citizenship.
444
Section 7, Article IX-B, supra.
445
David vs. Senate Electoral Tribunal, G.R. No. 221538, September
20, 2016.
b. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority.
c. Foundlings.
Meaning:
A foundling shall be a deserted or
abandoned child or infant with
unknown facts of birth and parentage.
This shall also include those who have
been duly registered as a foundling
during her or his infant childhood, but
have reached the age of majority
without benefitting from adoption
procedures upon the passage of this
law.446
Status and legitimacy:447
i. Presumed a natural-born Filipino
citizen regardless of the status or
circumstances of birth.
Effects:
ai. A foundling is accorded with
rights and protections at the
moment of birth equivalent to those
belonging to such class of citizens
whose citizenship does not need
perfection or any further act.
bii. It may not be impugned in any
proceeding unless substantial proof
of foreign parentage is shown.
ciii. It shall not also be affected by
the fact that the birth certificate was
simulated, or that there was absence
of a legal adoption process, or that
there was inaction or delay in
reporting, documenting, or
registering a foundling.
ii. In the event that the biological
parents cannot be identified and
located, the foundling shall be declared
legally available for adoption subject to
existing laws, rules and regulations and
taking into consideration the best
interest of the child.448
446
Section 3, R.A. No. 11767.
447
Section 5, ibid.
448 Section 6, ibid.
97
 Effects:
ai. The adopted foundling shall be
considered the legitimate child of the
adopter for all intents and purposes.
bii. Entitled to all the rights and
obligations provided by law to
legitimate children born to them
without discrimination of any kind.
ciii. The adoptee is entitled to love,
guidance, and support in keeping
with the means of the family.
div. The legitimate filiation that is
created between the adopter and
adopted foundling shall be extended
to the adopter's parents, adopter's
legitimate siblings, and legitimate
descendants.
ev. The adopter is also given the
right to choose the name by which
the adopted foundling is to be
known, consistent with the best
interest of the child.
ii. Naturalized Filipino citizen:
Meaning:
a. By necessary implication, a naturalized
citizen is one who is not natural-born. Who
undergo the process of naturalization to
obtain Philippine Citizenship.
b. Former aliens or foreigners who had to
undergo a rigid procedure, in which they
had to adduce sufficient evidence to prove
that they possessed all the qualifications
and none of the disqualifications provided
by law in order to become Filipino
citizens."
c. One who desires to acquire Filipino
citizenship by naturalization is generally
required to file a verified petition.
d. He or she must establish, among
others, that he or she is of legal age, is of
good moral character, and has the
capacity to adapt to Filipino culture,
tradition, and principles, or otherwise has
resided in the Philippines for a significant
period of time.
e. Further, the applicant must show that
he or she will not be a threat to the state,
to the public, and to the Filipinos' core
beliefs.
Modes of acquiring citizenship:449
i. Jus soli.
Meaning:
Also known as the principle of territoriality.
The principle of nationality by place of
birth, jus sol. By the laws of the United
States, citizenship depends generally upon
the place of birth. This is the doctrine
of jus soli, and predominates..450
ii. Jus sanguinis.
Meaning:
a. Blood relationship as being the basis of
Filipino citizenship, would now become the
primary basis of citizenship by birth.
b. The operation of the core principle of
transmissibility in blood relation finds
affirmation in which blood relationship
becomes a principal derivation and
transmissibility of citizenship.
Transmissive essence of citizenship:
a. The core principle of blood relationship
or jus sanguinis. On this account, the
derivation of citizenship from a person or
the transmission of citizenship to his child,
springs from a person or the transmission
of citizenship to his child, springs from the
fact that he is the father.
b. Thus, paternity as manifestation of
blood relationship is all that is needed to
be established.
c. The text of the law which reads “Those
whose fathers are citizens of the
Philippines” becomes an embodiment of
the kernel principle of blood relationship,
which provides no room for the notion of
citizenship by legitimacy or legitimation.
iii. Res judicata:451
Rule:
Everytime the citizenship of a person is
material or indispensable in a judicial or
administrative case, whatever the
corresponding court or administrative
authority decides therein as to such
citizenship is generally not considered
449Tecson vs. COMELEC, G.R. No. 161434, March 3, 2004.
450
Roa vs. Insular Collector of Customs, G.R. No. L-7011, October
30, 1912.
451 Board of Commissioners (Commission on Immigration and
Deportation) vs. Dela Rosa, G.R. No. 95122-23, May 31, 1991.
98
 as res adjudicata, hence it has to be Requisites:
threshed out again and again as the
occasion may demand. i. That aliens are born and residing in
the Philippines.
Exception/requisites:
ii. May be granted Philippine citizenship
i. Where the citizenship of a party in a by administrative proceeding by filing a
case is definitely resolved by a court or petition for citizenship with the Special
by an administrative agency. Committee.

ii. The resolution is a material issue in iii. May approve the petition and issue a
the controversy. certificate of naturalization.
iii. It was resolved after a full-blown
hearing. Purpose:455

iv. The proceedings was with the active i. It provide for the qualifications and
participation of the Solicitor General or disqualifications of an applicant for
his authorized representative. naturalization by administrative act.

v. The finding of the citizenship of the ii. Enacted as a remedial measure

party is affirmed by this Court. intended to make the process of
acquiring Philippine citizenship less
iv. Naturalization: tedious, less technical and more
encouraging.
Meaning:452
iii. It likewise addresses the concerns of
It refers to the legal act of adopting an degree holders who, by reason of lack
alien and clothing him with the privilege of of citizenship requirement, cannot
a native-born citizen. practice their profession.

Modes: b. Judicial.

a. Direct: Procedure:

Manner: i. Hearing of the petition for citizenship.

i. The ways and process provided ii. Receipt of evidence showing that the
below. petitioner has all the qualifications and
none of the disqualifications required by
ii. Collective change of nationality. law.

iii. By adoption of orphan minors as iii. The competent court may order the
nationals of the State where they are issuance of the proper naturalization
born. certificate and its registration in the
proper civil registry.456
b. Derivative:
Requisites:457
i. Alien women married to Filipino
husbands (native or naturalized).453 i. The application must show substantial
and formal compliance with the law.
ii. Wife of naturalized husband.
ii. An applicant must comply with the
iii. Minor children of naturalized person. jurisdictional requirements.

Ways/process:454 iii. Establish his or her possession of the

qualifications and none of the
a. Administrative. disqualifications enumerated under the
law.
452 Republic of the Philippines vs. Karbasi, G.R. No. 210412, July 29,
2015.
453 Republic of the Philippines vs. Batuigas, G.R. No. 183110, 455 So vs. Republic of the Philippines, G.R. No. 170603, January 29,
October 7, 2013. 2007.
454 Republic of the Philippines vs. Chia Lao, G.R. No. 205218, 456 Republic of the Philippines vs. Karbasi, supra.
457 Ibid.
February 10, 2020.
99
 c. Legislative.
iv. Present at least two (2) character
witnesses to support his allegations. Bestows Filipino citizenship through a
statute enacted by Congress.
v. The applicant to file with the OSG a
declaration under oath that it is his or Distinctions:459
her bona fide intention to become a
citizen of the Philippines one year prior Act 473 R.A. 9139
to the filing of the petition for
admission to Philippine citizenship. The i. Judicial naturalization. i. Administrative
filing of such declaration of intention, naturalization.
upon faithful compliance with the ii. The qualifications and
statutory requirements, is mandatory disqualifications of an ii. Sections 3 and 4 of
and an absolute prerequisite applicant for R.A. No. 9139 provide
to naturalization.458
naturalization by judicial for the qualifications
act are set forth in and disqualifications of
Qualifications: Sections 2 and 4 of C.A. an applicant for
No. 473. naturalization by
i. He must be not less than twenty-one administrative act.
years of age on the day of the hearing
of the petition. iii. Covers all aliens iii. Covers native-born
regardless of class. aliens who lived here in
ii. He must have resided in the the Philippines all their
Philippines for a continuous period of lives, who never saw
not less than ten years. any other country and
all along thought that
iii. He must be of good moral character they were Filipinos; who
and believes in the principles underlying have demonstrated love
the Philippine Constitution, and must and loyalty to the
have conducted himself in a proper and Philippines and affinity
irreproachable manner during the entire to the customs and
period of his residence in the traditions.
Philippines in his relation with the
constituted government as well as with
the community in which he is living. Loss of Filipino citizenship:460

iv. He must own real estate in the Modes/ways:

Philippines worth not less than five
thousand pesos, Philippine currency, i. By naturalization in a foreign country.
or must have some known lucrative
trade, profession, or lawful occupation. ii. By express renunciation of citizenship.

v. He must be able to speak and write Meaning:

English or Spanish and any one of the
principal Philippine languages.
vi. He must have enrolled his minor
children of school age, in any of the
public schools or private schools
recognized by the Office of Private
Education1 of the Philippines, where
the Philippine history, government and
civics are taught or prescribed as part
of the school curriculum, during the
entire period of the residence in the
Philippines required of him prior to the
hearing of his petition
for naturalization as Philippine citizen.
458
Mohamed vs. Republic of the Philippines, G.R. No. 220674,
December 2, 2021.
An equivocal and deliberate act with full
awareness of its significance and
consequence.461
The term means a renunciation that is
made distinctly and explicitly and is not
left to inference or implication; it is a
renunciation manifested by direct and
appropriate language, as distinguished
from that which is inferred from
conduct.462
459 So vs. Republic of the Philippines, supra.
460 Valles vs. COMELEC, G.R. No. 137000, August 9, 2000; C.A.
63.
461Valles vs. COMELEC, supra.
462
Board of Immigration Commissioners vs. Callano, G.R. No. L-
24530, October 31, 1968.
100
 iii. By subscribing to an oath of allegiance to
support the constitution or laws of a foreign
country upon attaining twenty-one years of
age or more.
iv. By accepting commission in the military,
naval or air service of a foreign country.
v. By cancellation of the certificate of
naturalization.
vi. By having been declared by competent
authority, a deserter of the Philippine armed
forces in time of war, unless subsequently, a
plenary pardon or amnesty has been granted.
vii. In case of a woman, upon her marriage,
to a foreigner if, by virtue of the laws in force
in her husband’s country, she acquires his
nationality.
Reacquisition of Filipino citizenship:
Modes/ways:463
i. By naturalization.
ii. By repatriation.
Meaning:
This means that a naturalized Filipino who
lost his citizenship will be restored to his
prior status as a naturalized Filipino
citizen. On the other hand, if he was
originally a natural-born citizen before he
lost his Philippine citizenship, he will be
restored to his former status as a natural-
born Filipino.
Grounds:
a. Section 4, C.A. No. 63.
Desertion of the armed forces.
b. Section 1, R.A. 965.
Service in the armed forces of the allied
forces in World War II.
c. Section 1, R.A. No. 2630.
Service in the Armed Forces of the
United States at any other time.
d. Section 1, R.A. No. 8171.
i. Marriage of a Filipino woman to an
alien.
463
Bengson III vs. HRET, G.R. No. 142840, May 7, 2001.
ii. Political and economic necessity.
iii. By direct act of Congress.
iv. Taking an oath of allegiance to the
Republic.464
Purpose:465
a. Allow dual citizenship to natural-born
Filipino citizens who have lost Philippine
citizenship by reason of their naturalization
as citizens of a foreign country.
b. By swearing to the supreme authority of
the Republic, the person implicitly
renounces his foreign citizenship.
c. It stayed clear out of the problem
of dual allegiance and shifted the burden
of confronting the issue of whether or not
there is dual allegiance to the concerned
foreign country. What happens to the
other citizenship was not made a concern
of Rep. Act No. 9225.
Coverage:466
a. Natural-born citizens who have lost their
Philippine citizenship by reason of their
naturalization as citizens of a foreign
country.
b. Natural-born citizens of the Philippines
who, after the effectivity of the law,
become citizens of a foreign country.
Dual citizenship:
Meaning:
It is a result of the concurrent application of
the different laws of two or more states, a
person is simultaneously considered a
national by the said states.467
Dual allegiance:
Meaning:
It refers to the situation in which a person
simultaneously owes, by some positive act,
loyalty to two or more states.468 It is brought
about by the individual's active participation
in the naturalization process.469
464 R.A. No. 9225.
465
AASJS (Advocates and Adherents of Social Justice for School
Teachers and Allied Workers) vs. Datumanong, G.R. No. 160869,
May 11. 2007.
466 Gana-Carait vs. COMELEC, G.R. No. 257453, August 9, 2022.
467 Mercado vs. Manzano, G.R. No. 135083, May 26, 1999.
468 ibid.
469 Cordora vs. COMELEC, G.R. No. 176947, February 19, 2009.
101
 Distinctions:470 b. Any person who transfers residence to
another city, municipality o country solely
Dual citizenship Dual allegiance by reason of his:

a. A result of the a. It refers to the i. Occupation.

concurrent application of situation in which a
the different laws of two person simultaneously ii. Profession or employment in private
or more states, a person is owes, by some positive or public service.
simultaneously considered act, loyalty to two or
a national by the said more states. iii. Education activities.
states. iv. Work in military or naval
reservations, service in the army, navy
b. It is involuntary. b. The result of an or air force.
individual's volition.
v. The constabulary or national police
c. condition is the c. Naturalized citizens force.
unavoidable consequence who maintain their
of conflicting laws of allegiance to their vi. Confinement or detention in
different states. countries of origin even government institutions in accordance
after their naturalization. with law.473

d. It is just a reality d. Inimical to the iv. Registration of voters.474

imposed on us because we national interest and
have no control of the shall be dealt with by Disqualifications:475
laws on citizenship of law.
other countries. i. Any person who has been sentenced by
final judgment to suffer imprisonment for not
less than one year, such disability not having
SUFFRAGE: been removed by plenary pardon or granted
amnesty.
Requisites:471
ii. Any person who has been adjudged by
i. Qualified to vote. (substantive requirement) final judgment by competent court or tribunal
of having committed any crime involving
ii. A registered voter. (procedural limitation) disloyalty to the duly constituted government
such as rebellion, sedition, violation of the
Qualifications: anti-subversion and firearms laws, or any
crime against national security.
i. Citizens of the Philippines (and those
abroad) not otherwise disqualified by law. iii. Insane or incompetent persons as
declared by competent authority.
ii. At least eighteen years of age.
Absentee voting (disqualifications):476
iii. Resided in the Philippines for at least one
year and in the place wherein they propose i. Those who have lost their Filipino
to vote for at least six months immediately citizenship in accordance with Philippine laws.
preceding the election.
ii. Those who have expressly renounced their
Exceptions: Philippine citizenship and who have pledged
allegiance to a foreign country.
a. Overseas absentee voters who may
vote for president, vice-president, senators iii. Those who have committed and are
and party-list representatives.472 convicted in a final judgment by a Philippine
court or tribunal of an offense punishable by
imprisonment of not less than one (1) year,
such disability not having been removed by
plenary pardon or amnesty.

470 473
Mercado vs. Manzano, supra. Section 117, B.P. 881.
471 474
Kabataan Party-list vs. COMELEC, G.R. No. 221318, December Section 4 and 115, ibid.
475 Section 118, ibid.
16, 2015.
472 Section 1, Article V, supra.; Section 4, R.A. No. 9189. 476 Section 5, R.A. No. 9189, as amended by R.A. No. 10590.

102
 iv. Any citizen of the Philippines abroad
previously declared insane or incompetent by
competent authority in the Philippines or
abroad, as verified by the Philippine
embassies, consulates or foreign service
establishments concerned.
Restoration of the right to vote:
a. It shall automatically acquire the right
to vote upon expiration of five (5) years
after service of sentence.
b. The Commission may take cognizance
of final judgments issued by foreign courts
or tribunals only on the basis of reciprocity
and subject to the formalities and
processes prescribed by the Rules of Court
on execution of judgments;
Registration of voters:
As a requisite:
a. The act of registration is an
indispensable precondition to the right of
suffrage. For registration is part and parcel
of the right to vote and an indispensable
element in the election process.477
b. Registration regulates the exercise of
the right of suffrage. It is not
qualification for such right.
c. As a form of regulation, compliance with
the registration procedure is dutifully
enjoined. Section 115 of the Omnibus
Election Code provides:
Section 115. Necessity of Registration. -
In order that a qualified elector may
vote in any election, plebiscite or
referendum, he must be registered in
the permanent list of voters for the city
or municipality in which he resides.
d. Thus, although one is deemed to be a
"qualified elector," he must nonetheless
still comply with the registration procedure
in order to vote.478
Deactivation of voters:479
Causes/grounds:
a. Any person who has been sentenced by
final judgment to suffer imprisonment for
not less than one (1) year, such disability
477 Akbayan-Youth vs. COMELEC, G.R. No. 147066, March 26,
2001.
478 Kabataan Party-list vs. COMELEC, supra.
479 Ibid.; Section 27, R.A. No. 8189.
not having been removed by plenary
pardon or amnesty.
b. Any person who has been adjudged by
final judgment by a competent court or
tribunal of having caused/committed any
crime involving disloyalty to the duly
constituted government such as rebellion,
sedition, violation of the anti-subversion
and firearms laws, or any crime against
national security.
c. Any person declared by competent
authority to be insane or incompetent.
d. Any person who did not vote in the two
(2) successive preceding regular elections
as shown by their voting records. For this
purpose, regular elections do not include
the Sangguniang Kabataan (SK) elections.
e. Any person whose registration has been
ordered excluded by the Court.
f. Any person who has lost his Filipino
citizenship.
Inclusion and exclusion proceedings:480
Common Rules Governing Judicial,
Proceedings in the Matter of
a Inclusion, Exclusion, and Correction
of Names of Voters:
a. Petition for inclusion, exclusion or
correction of names of voters shall be filed
during office hours.
b. Notice of the place, date and time of
the hearing of the petition shall be served
upon the members of the Board and the
challenged voter upon filing of the
petition. Service of such notice may be
made by sending a copy thereof by
personal delivery, by leaving it in the
possession of a person of sufficient
discretion in the residence of the
challenged voter, or by registered mail.
Should the foregoing procedures not be
practicable, the notice shall be posted in
the bulletin board of the city or municipal
hall and in two (2) other conspicuous
places within the city or municipality.
c. A petition shall refer only to one (1)
precinct and implead the Board as
respondents.
d. No costs shall be assessed against any
party in these proceedings. However, if
the court should find that the application
480 Sections 32-35, R.A. No. 8189.
103
has been filed solely to harass the adverse inclusion and the court which issued the
party and cause him to incur expenses, it same.
shall order the culpable party to pay the
costs and incidental expenses. Petition for Exclusion of Voters from
the List:
e. Any voter, candidate or political party
who may be affected by the proceedings Who may file:
may intervene and present his evidence.
i. Any registered voters.
f. The decision shall be based on the
evidence presented and in no case ii. Representative of a political party.
rendered upon a stipulation of facts. If the
question is whether or not the voter is real iii. The Election Officer.
or fictitious, his non-appearance on the
day set for hearing shall be prima facie Procedure:
evidence that the challenged voter is
fictitious. i. File with the court a sworn petition
for the exclusion of a voter from the
g. The petition shall be heard and decided permanent list of voters.
within ten (10) days from the date of its
filing. Cases appealed to the Regional Trial Contents:
Court shall be decided within ten (10) days
from receipt of the appeal. In all cases, ai. The name of the voter.
the court shall decide these petitions not
later than fifteen (15) days before the bii. Address of the voter.
election and the decision shall become
final and executory. ciii. The precinct of the challenged
voter.
Petition for Inclusion of Voters in the
List: ii. The petition shall be accompanied by
proof of notice to the Board and to the
Grounds: challenged voter and shall be decided
within ten (10) days from its filing.
i. Any person whose application for
registration has been disapproved by iii. If the decision is for the exclusion of
the Board. the voter from the list, the Board shall,
upon receipt of the final decision,
ii. Whose name has been stricken out remove the voter’s registration record
from the list. from the corresponding book of voters,
enter the order of exclusion therein,
Procedure: and thereafter place the record in the
inactive file.
i. File with the court a petition to
include his name in the permanent list Local Absentee Voting:481
of voters in his precinct at any time.
Conditions/requisites:
ii. It shall be supported by a certificate
of disapproval of his application and a. Registered voters.
proof of service of notice of his petition
upon the Board. b. Registration records are not
deactivated.
iii. The petition shall be decided within
fifteen (15) days after its filing. c. Items i.- iii. below:

iv. If the decision is for the inclusion of
voters in the permanent list of voters,
the Board shall place the application for
registration previously disapproved in
the corresponding book of voters.
i. They are assigned temporarily to
perform election duties in places where
they are not registered voters.
ii. Item i. below:

v. Indicate in the application for

registration the date of the order of
481 COMELEC Resolution 10725, October 27, 2021.
104
 Those posted abroad to perform d. Party-List representatives.
election duties on election day.
Committee on Local Absentee Voting
Conditions: (CLAV):

ia. They are registered voters Powers and functions:

under R.A. 8189.
iib. They are not registered
overseas absentee voters under
R.A. No. 9189, as amended by
R.A. 10590.
i. Verify eligibility for local absentee
voting.
ii. Constitute Special Electoral Board
(SEB) for LAV.

d. Item iv. Below: iii. Constitute Reception and Custody

Unit (RCU) and Special Board of
They will not able to vote due to the Canvassers (SBOC) for LAV.
performance of their functions in
covering and reporting on the conduct iv. Supervise the counting of ballots and
of elections. canvassing of votes.

Who may avail: v. Receive for safekeeping all ballot

boxes containing the counted ballots
a. Government officials and employees. and related election documents from
the SEBs and SBOC for LAV.
b. Members of the PNP.
Overseas Absentee Voting:482
c. Members of the AFP.
Coverage:
d. Members of the media, media
practitioners including their technical and i. All citizens of the Philippines abroad,
support staff who are actively engaged in who are not otherwise disqualified by law.
the pursuit of information gathering and
reporting or distribution, in any manner or ii. At least eighteen (18) years of age on
form, including, but not limited to the the day of elections.
following:
iii. May vote for President, Vice-President,
i. Print journalists. Senators and Party-List Representatives,
as well as in all national referenda and
ii. Television journalists. plebiscites.

iii. Photo journalist. Petition for exclusion:

iv. Online journalists. Procedure:

v. Radio journalists. i. The application for registration has

been approved.
vi. Documentary makers.
ii. Any interested party may file a
vii. Television/Radio Production. petition for exclusion not later than one
hundred eighty (180) days before the
viii. Bloggers. start of the overseas voting period.

ix. Freelance journalists. iii. File the petition with the proper
Municipal/Metropolitan Trial Court in
Positions to be voted: the City of Manila or where the
overseas voter resides in the
a. President. Philippines, at the option of the
petitioner.
b. Vice-President.
iv. The petition shall be decided on the
c. Senators. basis of the documents submitted

482 R.A. No. 9189, as amended by R.A. NO. 10590.

105
 within fifteen (15) days from its filing,
but not later than one hundred twenty
(120) days before the start of the
overseas voting period.
v. Should the Court fail to render a
decision within the prescribed period,
the ruling of the RERB shall be
considered affirmed.
Petition for inclusion:
Procedure:
i. Within ten (10) days from receipt of
notice denying the motion for
reconsideration.
ii. The applicant may file a petition for
inclusion with the proper
Municipal/Metropolitan Trial Court in
the City of Manila or where the
overseas voter resides in the
Philippines, at the option of the
petitioner.
iii. The petition shall be decided on the
basis of the documents submitted
within fifteen (15) days from filing, but
not later than one hundred twenty
(120) days before the start of the
overseas voting period.
iv. Should the Court fail to render a
decision within the, prescribed period,
the RERB ruling shall be considered
affirmed.
Qualified Philippine citizens abroad
who have previously registered as
voters pursuant to Republic Act
No. 8189, otherwise known as the
'Voter's Registration Act of 1996:
Procedure:
ai. It shall apply for certification as
overseas voters and for inclusion in
the NROV.
bii. In case of approval, the Election
Officer concerned shall annotate the
fact of registration/certification as
overseas voter before the voter's
name as appearing in the certified
voters' list and in the voter's
registration records.
Deactivation of registration:
Grounds/causes:
a. Any person who has been sentenced by
final judgment by a Philippine court or
tribunal to suffer imprisonment for not less
than one (1) year, such disability not
having been removed by plenary pardon
or amnesty.
b. Any person declared by competent
authority to be insane or incompetent.
c. Any person who did not vote in two (2)
consecutive national elections as shown by
voting records.
d. Any person whose registration has been
ordered excluded by the courts.
Reactivation of registration:
Procedure:
a. May file with the RERB a sworn
application for reactivation of registration.
b. Stating that the grounds for the
deactivation no longer exist.
Cancellation of registration:
Grounds:
a. Death, as certified by either the posts or
by the local civil registrar.
b. Those who have been proven to have
lost their Filipino citizenship.
Voters Excluded from the NROV
Through Inadvertence:
Procedure:
a. Any registered overseas voter whose
name has been inadvertently omitted from
the NROV.
b. May, personally or through an
authorized representative, file with the
RERB through the OFOV or the post
exercising jurisdiction over the voter's
residence, an application under oath for
reinstatement.
c. The application shall be filed not later
than one hundred twenty (120) days
before the start of the voting period.
d. The RERB shall resolve the application
within one (1) month from receipt thereof,
otherwise the application shall be deemed
approved.
106
Prohibited Acts:
i. Any officer or employee of the Philippine
government to influence or attempt to
influence any person covered by this Act to
vote, or not to vote, for a particular
candidate.
x. Any person who is not a citizen of the
Philippines to participate, by word or deed,
directly or indirectly through qualified
organizations/associations, in any manner
and at any stage of the Philippine political
process abroad, including participation in the
campaign and elections.

ii. For any person to deprive another of any Detainee voting:483

right secured in the Act, or to give false
information as to one's name, address, or Manner:
period of residence for the purposes of
establishing the eligibility or ineligibility to a. Through the special polling place inside
register or vote under the Act. jails.

iii. To conspire with another person for the Meaning:

purpose of encouraging the giving of false
information in order to establish the eligibility Refers to the polling places established
or ineligibility of any individual to register or in jails where said detainee voters cast
vote under the Act. their votes.

iv. To pay, or offer to pay, or to accept b. Through escorted voting.

payment either for application for
registration, or for voting. Meaning:

v. Any person to steal, conceal, alter, destroy, Voting mechanism for detainee voters
mutilate, manipulate, or in any way tamper who are residents/ registered voters of
with the mail containing the ballots for municipalities/cities other than the
overseas voters, the ballot, the election town/city of incarceration.
returns, or any record, document or paper
required for purposes of the Act. Detainee voters in jail facilities where
no special polling places are
vi. Any deputized agent to refuse without established.
justifiable ground, to serve or continue
serving, or to comply with one's sworn duties Conditions:
after acceptance of the deputization.
i. The detainee voters obtained court
vii. Any public officer or employee or orders allowing them to vote in the
accredited or deputized organization or poling place where they are registered.
association to cause the preparation, printing,
distribution or posting of information or ii. It is logistically feasible on the part of
material, without the prior approval of the the jail/prison administration to escort
Commission. the detainee voter to the polling place
where he is registered.
viii. Any public officer or employee to cause
the transfer, promotion, extension, recall of iii. Reasonable measures shall be
any member of the foreign service corps, undertaken by the jail/prison
including members of the attached agencies, administration to secure the safety of
or otherwise cause the movement of any detainee voters, prevent their escape
such member from the current post or and ensure public safety.
position one (1) year before and three (3)
months after the day of elections, without Reckoning Period of Age and
securing the prior approval of the Residence:
Commission.
a. Detainees who shall be eighteen years
ix. Any person who, after being deputized by of age on the day of election and/or are
the Commission to undertake activities in committed inside the delention centers for
connection with the implementation of the at least six (6) months immediately
Act, shall campaign for or assist, in whatever preceding the election day may be
manner, candidates in the elections. registered as a voter.

483 COMELEC Resolution 9371, March 6, 2012.

107
 b. Detainees who are already registered
voters may apply for transfer of i. By Naturalization in a foreign country.
registration records as warranted bv the
circumstances. Requisite for qualification:

Prohibition on Voting: ai. Take an Oath of Allegiance to the

Republic of the Philippines.
i. Bring the ballot, ballot secrecy folder or
marking pen outside the polling place. bii. To personally renounce foreign
citizenship.
ii. Speak with anyone other than as herein
provided while inside the special polling ii. By virtue of birth (jus soli).
place.
Requisite for qualification:
iii. Prepare his ballot without using the ballot
secrecy folder or exhibit its contents. Mere filing of the certificate of
candidacy.
iv. Accomplish his ballot accompanied by
another, except in the case of an illiterate or Effect:
detainee voter with disability/disabilities.
Carries with it an implied
v. Erase any printing from the ballot, or put renunciation of foreign
any distinguishing mark on the ballot. citizenship.

vi. Use carbon paper, paraffin paper or other Disqualifications:486

means of making a copy of the contents of
the ballot, or otherwise make use of any National and local elective position:
scheme to identify his vote, including the use
of digital cameras, cellular phones with Section 12, Omnibus Election Code:
camera or similar gadgets.
a. Any person who has been declared by
vii. Intentionally tear or deface the ballot. competent authority insane or
incompetent.
CANDIDACY:
b. Has been sentenced by final
Candidate: 484 judgment for subversion, insurrection,
rebellion or for any offense for which he
Meaning: was sentenced to a penalty of more than
eighteen months or for a crime involving
Any person aspiring for or seeking an moral turpitude.
elective public office, who has filed a
certificate of candidacy. Section 68, Omnibus Election Code:

Kinds: c. Any candidate who, in an action or

protest in which he is a party is declared
a. As a candidate at the start of the by final decision by a competent court
campaign period for which he filed his guilty of, or found by the Commission of
certificate of candidacy. having:

b. As a candidate (prior to the campaign i. Given money or other material

period) for purposes of printing the consideration to influence, induce or
ballots. corrupt the voters or public officials
performing electoral functions.
Qualifications:
ii. Committed acts of terrorism to
Dual citizenship:485 enhance his candidacy.

Categories: iii. Spent in his election campaign an

amount in excess of that allowed by
this Code.
484
Penera vs. COMELEC, G.R. No. 181613, November 25, 2009.
MR (reversing the main decision). See footnote 912.
485 486
Gana-Carait vs. COMELEC, supra. Jaloslos, Jr. vs. COMELEC, G.R. No. 193237, October 9, 2012.
108
 iv. Solicited, received or made any
contribution prohibited under Sections
89, 95, 96, 97 and 104.
v. Violated any of Sections 80, 83, 85,
86 and 261, paragraphs d, e, k, v, and
cc, sub-paragraph 6.
vi. Any person who is a permanent
resident of or an immigrant to a foreign
country.
Local elective position (Section 40,
Local Government Code):
a. Those sentenced by final judgment for
an offense:
i. Involving moral turpitude.
ii. Punishable by one (1) year or more
of imprisonment.
Meaning (service of sentence):487
The confinement of a convicted person
in a penal facility for the period
adjudged by the court.
b. Those removed from office as a result
of an administrative case.
c. Those convicted by final judgment for
violating the oath of allegiance to the
Republic.
d. Those with dual citizenship.
Meaning:488
The concern of the Constitutional
Commission was not with dual
citizens per se but with naturalized
citizens who maintain their allegiance to
their countries of origin even after their
naturalization. Hence, the phrase "dual
citizenship must be understood as
referring to "dual allegiance."
e. Fugitives from justice in criminal or non-
political cases here or abroad.
Meaning:489
A 'fugitive from justice' includes not
only those who flee after conviction to
avoid punishment but likewise those
who, after being charged, flee to avoid
prosecution.
487
Ibid.
488 Mercado vs. Manzano, G.R. No. 135083, May 26, 1999.
489 Rodriguez vs. COMELEC, G.R. No. 120099, July 24, 1996.
f. Permanent residents in a foreign country
or those who have acquired the right to
reside abroad and continue to avail of the
same right after the effectivity of this
Code.
g. The insane or feeble-minded.
Filing of certificate of candidacy:
Duties of the COMELEC:490
a. At the time of the filing the COC:
It shall have the ministerial duty to
receive and acknowledge receipt of the
certificate of candidacy.
Based thereon, the COMELEC must
receive COCs and CONAs provided they
are filed in conformity with the rules
and regulations.
b. After the filing of the COC:
COMELEC is not just empowered but is
in fact required to investigate facts or
ascertain the existence of facts, hold
hearings, weigh evidence, and draw
conclusions from them as basis for their
official action and exercise of discretion
in a judicial nature. It is, thus, fully-
clothed with authority to make factual
determinations in relation to the
election contests before it.
Instances:
i. Declaration of nuisance candidate.491
Meaning:492
One who, based on the attendant
circumstances, has no bona
fide intention to run for the office for
which the certificate of candidacy
has been filed, his sole purpose
being the reduction of the votes of a
strong candidate, upon the
expectation that ballots with only the
surname of such candidate will be
considered stray and not counted for
either of them.
Instances:493
ai. To put the election process in
mockery or disrepute.
490 Aggabao vs. COMELEC, supra.
491
De Alban vs. COMELEC, G.R. No. 243968, March 22, 2022.
492 Zapanta vs. COMELEC, G.R. No. 233016, March 5, 2019.
493 De Alban vs. COMELEC, supra.
109

bii. To cause confusion among the
voters by the similarity of the names
of the registered candidates.
ciii. Other circumstances or acts
which clearly demonstrate that the
candidate has no bona fide intention
to run for the office for which the
certificate of candidacy has been
filed and thus prevent a faithful
determination of the true will of the
electorate.
Manner of declaration:494
ai. Motu proprio.
bii. Through a verified petition.
ii. Petition to deny due course or to
cancel a certificate of candidacy.
iii. Filing of disqualification case.
Effect of filing:495
a. Incumbent Appointive Official:
It shall be considered ipso facto
resigned from his office upon the filing
of his certificate of candidacy.
Coverage:
i. Any person holding a
appointive office or position.
ii. Active members of the Armed Forces
of the Philippines.
iii. Officers and employees
government-owned or -controlled
corporations.
b. Incumbent Elected Official:
i. It is not deemed to have resigned
from his office upon the filing of his
certificate of candidacy for the same or
any other elected office or position.
ii. An elected official may run for
another position without forfeiting his
seat.
494
Santos vs. COMELEC, G.R. No. 235058, September 4, 2018.
495
Quinto vs. COMELEC, G.R. No. 189698, February 22, 2010.
Motion for Reconsideration.
Substitution of candidate:
Validity of COC:496
i. A sworn certificate of candidacy is
filed.
ii. The COC is filed within the period
fixed by law.
iii. The certificate of candidacy shall
state that the person filing it is
announcing his candidacy for the office
stated therein.
iv. He is eligible for said office.
Grounds:
i. Death,
ii. Withdrawal,
iii. Disqualification, of a candidate.
Requisites:
i. The existence of a valid certificate of
candidacy seasonably filed.
ii. Grounds for the substitution are
present.
iii. The substitution is filed within the
period fixed by law:
public
ai. Death/Permanent
incapacity/disqualification:
The filing of the COC is up to mid-
day of election day.
in
bii. Withdrawal:
Within the period fixed by law.
iv. May be substituted by a candidate
belonging to, and nominated by, the
same political party.
v. No substitution shall be allowed for
any independent candidate.
Effect of invalid substitution:
i. Not an additional candidate for the
position.
ii. Not, in law and in fact, a candidate.
496
Talaga vs. COMELEC, G.R. No. 196804, October 9, 2012.
110
 Withdrawal of candidates:497
Effects:
i. It does not necessarily render the
certificate void ab initio.
ii. Once filed, the permanent legal
effects produced thereby remain even if
the certificate itself be subsequently
withdrawn.
iii. The filing or withdrawal of a
certificate of candidacy shall not affect
whatever civil, criminal or
administrative liabilities which a
candidate may have incurred.
Place:498
i. Directly with the main office of the
COMELEC.
ii. The office of the regional election
director concerned.
iii. The office of the provincial election
supervisor of the province to which the
municipality involved belongs. or
iv. The office of the municipal election
officer of the said municipality.
CAMPAIGN:
Premature campaigning:
Meaning:499
To engage in an election campaign or
partisan political activity before the
campaign period.
Elements:500
a. A person engages in an election
campaign or partisan political activity.
b. The act is designed to promote the
election or defeat of a particular candidate
or candidates.
c. The act is done outside the campaign
period.
Effect:501
a. Political partisan activities done before
the start of the campaign period are
497 Limbona vs. COMELEC, G.R. No. 181097, June 25, 2008.
498 Go vs. COMELEC, G.R. No. 147741, May 10, 2001.
499 Penera vs. COMELEC, G.R. No. 181613, September 11, 2009.
500 People of the Philippines vs. Ramoy, G.R. No. 212738, March 9,
2022.
501 Penera vs. COMELEC, G.R. No. 181613, supra note 886.
lawful.
b. A candidate is liable for an election
offense only for acts done during the
campaign period, not before.
c. Any election offense that may be
committed by a candidate under any
election law cannot be committed before
the start of the campaign period.
d. Under prevailing laws and
jurisprudence, premature campaigning is
no longer punishable.
e. The offense of premature campaigning
under Section 80 of the Omnibus Election,
which under the state of present law is
"impossible" to commit.502
Prohibited contributions:503
a. Made by public or private financial
institutions.
b. Natural and juridical persons operating
a public utility or in possession of or
exploiting any natural resources of the
nation.
c. Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions,
subdivisions or instrumentalities, with
goods or services or to perform
construction or other works.
d. Natural and juridical persons who have
been granted franchises, incentives,
exemptions, allocations or similar
privileges or concessions by the
government or any of its divisions,
subdivisions or instrumentalities, including
government-owned or controlled
corporations.
e. Natural and juridical persons who,
within one year prior to the date of the
election, have been granted loans or other
accommodations in excess of P100,000 by
the government or any of its divisions,
subdivisions or instrumentalities including
government-owned or controlled
corporations.
f. Educational institutions which have
received grants of public funds amounting
to no less than P100,000.00.
502
People of the Philippines vs. Ramoy, supra.
503 Sections 95-97, Omnibus Election Code.
111
 g. Officials or employees in the Civil
Service, or members of the Armed Forces
of the Philippines.
h. Foreigners and foreign corporations.
i. To solicit or receive any contribution
from any of the persons or entities
enumerated herein.
j. It shall be unlawful for any person,
including a political party or public or
private entity to solicit or receive, directly
or indirectly, any aid or contribution of
whatever form or nature from any foreign
national, government or entity for the
purposes of influencing the results of the
election.
k. It shall be unlawful for any person to
hold dances, lotteries, cockfights, games,
boxing bouts, bingo, beauty contests,
entertainments, or cinematographic,
theatrical or other performances for the
purpose of raising funds for an election
campaign or for the support of any
candidate from the commencement of the
election period up to and including election
day.
l. For any person or organization, whether
civic or religious, directly or indirectly, to
solicit and/or accept from any candidate
for public office, or from his campaign
manager, agent or representative, or any
person acting in their behalf, any gift,
food, transportation, contribution or
donation in cash or in kind from the
commencement of the election period up
to and including election day.
Lawful election propaganda:504
Rule:
Election propaganda, whether on
television, cable television, radio,
newspapers or any other medium is
hereby allowed for all registered political
parties, national, regional, sectoral parties
or organizations participating under the
party list elections and for all bona fide
candidates seeking national and local
elective positions.
Limitation:
i. On authorized expenses of candidates
and political parties.
ii. Observance of truth in advertising
and to the supervision and regulation
504
Section 3, R.A. No. 9003.
by the Commission on Elections
(COMELEC).
Instances:
a. Pamphlets, leaflets, cards, decals,
stickers or other written or printed
materials.
b. Handwritten or printed letters urging
voters to vote for or against any particular
political party or candidate for public
office.
c. Cloth, paper or cardboard posters,
whether framed or posted.
d. Paid advertisements in print or
broadcast media.
e. All other forms of election propaganda
not prohibited by the Omnibus Election
Code or this Act.
Prohibited election propaganda:505
a. To print, publish, post or distribute any
newspaper, newsletter, newsweekly, gazette
or magazine advertising, pamphlet, leaflet,
card, decal, bumper sticker, poster, comic
book, circular, handbill, streamer, sample list
of candidates or any published or printed
political matter and to air or broadcast any
election propaganda or political
advertisement by television or radio or on the
internet for or against a candidate or group
of candidates to any public office, unless they
bear and be identified by the reasonably
legible, or audible words “political
advertisement paid for,” followed by the true
and correct name and address of the
candidate or party for whose benefit the
election propaganda was printed or aired. It
shall likewise be unlawful to publish, print or
distribute said campaign materials unless
they bear, and are identified by, the
reasonably legible, or audible words “political
advertisements paid by,” followed by the true
and correct name and address of the payor.
b. To print, publish, broadcast or exhibit
any such election propaganda donated or
given free of charge by any person or
publishing firm or broadcast entity to a
candidate or party without the written
acceptance by the said candidate or party
and unless they bear and be identified by the
words “printed free of charge,” or “airtime for
this broadcast was provided free of charge
by”, respectively, followed by the true and
505
Section 7, COMELEC Resolution 9615.
112
 correct name and address of the said
publishing firm or broadcast entity.
c. For any newspaper or publication, radio,
television or cable television station, or other
mass media, or any person making use of the
mass media to sell or to give free of charge
print space or air time for campaign or
election propaganda purposes to any
candidate or party in excess of the size,
duration or frequency authorized by law or
these rules.
d. For any radio, television, cable television
station, announcer or broadcaster to allow
the scheduling of any program, or permit any
sponsor to manifestly favor or oppose any
candidate or party by unduly or repeatedly
referring to, or unnecessarily mentioning his
name, or including therein said candidate or
party.
e. The printing press, printer, or publisher
who prints, reproduces or publishes said
campaign materials, and the broadcaster,
station manager, owner of the radio or
television station, or owner or administrator
of any website who airs or shows the political
advertisements, without the required data or
in violation of these rules shall be criminally
liable with the candidate and, if applicable,
further suffer the penalties of suspension or
revocation of franchise or permit in
accordance with law.
Limitations on expenses:506
i. For candidates – Ten pesos (P10.00) for
President and Vice President; and for other
candidates, Three pesos (P3.00) for every
voter currently registered in the constituency
where he filed his certificate of candidacy:
Provided, That, a candidate without any
political party and without support from any
political party may be allowed to spend Five
pesos (P5.00) for every such voter.
Conditions:
a. It shall include those incurred or caused
to be incurred by the candidate, whether
in cash or in kind, including the use, rental
or hire of land, water or aircraft,
equipment, facilities, apparatus and
paraphernalia used in the campaign.
506
Ejercito vs. COMELEC, G.R.No. 212398, November 25, 2014.
b. Where the land, water or aircraft,
equipment, facilities, apparatus and
paraphernalia used is owned by the
candidate, his contributor or supporter,
the Commission is hereby empowered to
assess the amount commensurate with the
expenses for the use thereof, based on the
prevailing rates in the locality and shall be
included in the total expenses incurred by
the candidate.
ii. For political parties - Five pesos (P5.00) for
every voter currently registered in the
constituency or constituencies where it has
official candidates.
Statement of contribution and expenses
(SOCE):507
Rule:
a. Every candidate and treasurer of the
political party shall, within thirty (30) days
after the day of the election, file in
duplicate with the offices of the
Commission the full, true and itemized
statement of all contributions and
expenditures in connection with the
election.
b. No person elected to any public offices
shall enter upon the duties of his office
until he has filed the statement of
contributions and expenditures herein
required.
c. The same prohibition shall apply if the
political party which nominated the
winning candidate fails to file the
statement required herein within the
period prescribed by this Act.
REMEDIES AND JURISDICTION:
Special action cases:508
i. Petition to deny due course to a certificate
of candidacy.
ii. Petition to declare a candidate as a
nuisance candidate;
iii. Petition to disqualify a candidate; and
iv. Petition to postpone or suspend an
election.
507 Section 14, R.A. No. 7166.
508
Dela Cruz vs. COMELEC, G.R. No. 226792, June 6, 2017.
113
 Remedies for a ground for Meaning of eligibility:
disqualification:509
Having the right to run for
i. Petition to deny due course or cancel a elective public office, that is,
certificate of candidacy. having all the qualifications
and none of the ineligibilities to
ii. Petition for disqualification. run for the public office.

so long as the petition filed complies with the Conditions:514

requirements under the law.
ia. The official concerned has
Remedy of a party against an ineligible been elected for three
candidate:510 consecutive terms in the same
local government post.
i. Petition to deny due course or cancel a
certificate of candidacy. iib. He has fully served three
consecutive terms.
ii. Petition for disqualification.
Coverage:
iii. Petition for quo warranto.
ia. The conversion of a
Petition to deny due course or cancel a municipality into a city does not
Certificate of Candidacy:511 constitute an interruption of the
incumbent official's continuity of
Ground: service.

Any material representation contained iib. Merger and conversion of the

therein is false. municipalities.

Meaning: iiic. The "law contemplates a rest

period during which the local
Which involves the eligibility or elective official steps down from
qualification for the office sought by the office and ceases to exercise
person who filed the certificate. power or authority over the
inhabitants of the territorial
Material facts:512 jurisdiction of a particular local
government unit."
The critical material facts are those that
refer to a candidate's qualifications for Period:515
elective office.
a. The Petition must be filed within five (5)
Instances: days from the last day for filing of
certificate of candidacy; but not later than
ai. Citizenship. twenty five (25) days from the time of
filing of the certificate of candidacy subject
bii. Residence. of the Petition.

ciii. The three-term limit rule.513 b. In case of a substitute candidate, the

Petition must be filed within five (5) days
Rationale as a ground for from the time the substitute candidate
cancellation of the COC: filed his certificate of candidacy.

He is ineligible. One who has an Effect:

ineligibility to run for elective
public office is not "eligible for a. A cancelled certificate of candidacy
[the] office." void ab initio

b. It cannot give rise to a valid candidacy.

509 Chua vs. COMELEC, G.R. No. 216607, April 5, 2016. c. It cannot give rise to valid votes.
510 Halili vs. COMELEC, G.R. No. 231643, January 15, 2019.
511 Ibid.
512 Mitra vs. COMELEC, G.R. No. 191938, July 2, 2010. 514 Halili vs. COMELEC, supra.
513 Aratea vs. COMELEC, G.R No. 195229, October 9, 2012.. 515 Hayudini vs. COMELEC, G.R. No. 207900, April 22, 2014.
114
 d. Whether a certificate of candidacy is
cancelled before or after the elections is
immaterial.
e. The cancellation on such ground means
he was never a candidate from the very
beginning, his certificate of candidacy
being void ab initio.
Rule on the second placer:
Proclaimed the second placer, the only
qualified candidate, who actually
garnered the highest number of votes,
for the position.
Requisites:516
ai. The candidate who obtained the
highest number of votes
disqualified.
bii. The electorate was fully aware in
fact and in law of that candidate’s
disqualification as to bring such
awareness within the realm of
notoriety but the electorate still cast
the plurality of the votes in favor of
the ineligible candidate.
COMELEC's jurisdiction to deny due
course to and cancel a COC:517
a. Before election day.
b. The proceedings shall continue even
after the election and the proclamation of
the winner.
c. Even if the candidate facing
disqualification is voted for and receives
the highest number of votes.
d. Even if the candidate is proclaimed and
has taken his oath of office.
Petition for disqualification
Grounds: 518
a. Those sentenced by final judgment for
an offense involving moral turpitude or for
an offense punishable by one (1) year or
more of imprisonment, within two (2)
years after serving sentence.
b. Those removed from office as a result
of an administrative ease.
516 Talaga vs. COMELEC, supra.
517 Halili vs. COMELEC, supra.
518 Section 40, Local Government Code; sections 12 and 68, Omnibus
Election Code.
c. Those convicted by final judgment for
violating the oath of allegiance to the
Republic.
d. Those with dual citizenship.
e. Fugitives from justice in criminal or non-
political cases here or abroad.
f. Permanent residents in a foreign country
or those who have acquired the right to
reside abroad and continue to avail of the
same right alter the effectivity of this
Code.
g. The insane or feeble-minded.
h. Any person who has been declared by
competent authority insane or
incompetent.
is
i. Has been sentenced by final
judgment for subversion, insurrection,
rebellion.
j. Has been sentenced by final
judgment for any offense for which he was
sentenced to a penalty of more than
eighteen months.
k. Has been sentenced by final
judgment for a crime involving moral
turpitude.
Exceptions (item h to k)
i. He has been given plenary pardon or
granted amnesty.
ii. After the expiration of a period of five
years from his service of sentence.
l. Given money or other material
consideration to influence, induce or
corrupt the voters or public officials
performing electoral functions.
m. Committed acts of terrorism to enhance
his candidacy.
n. Spent in his election campaign an
amount in excess of that allowed by this
Code.
o. Solicited, received or made any
contribution prohibited under Sections 89,
95, 96, 97 and 104.
p. Violated any of Sections 80, 83, 85, 86
and 261, paragraphs d, e, k, v, and cc,
subparagraph 6,
115
 q. Any person who is a permanent resident
of or an immigrant to a foreign country.
Effect of disqualification:519
a. Before the election:
i. The disqualification of
candidate.520
i. Cannot be voted for.
ii. Votes cast for him shall not be
counted.
b. After the election:
i. The Court or Commission shall
continue with the trial and hearing of
the action, inquiry, or protest.
ii. If the evidence of guilt is strong:521
ai. The Commission may order the
suspension of the proclamation.
bii. If proclaimed, to suspend the
effects of proclamation.
iii. After it is being proclaimed and there
is no finality of the judgment, the
winning candidate may assume the
function of the office where he is
elected.
iv. When the winning candidate
assumed his office and was declared
with finality as being disqualified, he
shall be removed from office.
Similarities: petition to cancel COC and
petition for disqualification:522
i. They are both pre-election remedies with a
similar objective.
ii. To prevent a purportedly ineligible
candidate from running for an elective
position.
iii. They can be filed by any registered
voter or any duly registered political party,
organization, or coalition of political parties.
519 Cayat vs. COMELEC, G.R. No. 163776, April 24, 2007.
520 Ejercito vs. COMELEC, supra.
521 Gonzales vs. COMELEC, G.R. No. 192856, March 8, 2011.
522 Buenafe vs. COMELEC, supra.
Distinctions:523
Cancelation of COC
i. It is concerned with
the false representation as
to material information in
the the COC.
ii. To prosper, it requires
proof of deliberate attempt
to mislead, misinform, or
hide a fact relating to the
candidate's requisite
residency, age, citizenship,
or any other legal
qualification.
iii. It may be filed within
five days from the last day
of filing of COCs, but not
later than 25 days from the
filing of the COC sought to
be canceled.
iv. The person whose
certificate is canceled or
denied due course is not
treated as a candidate at
all.
v. One whose COC was
denied due course or
canceled cannot be
substituted because the law
considers him or her to not
have been a candidate at
all.
vi. The same grounds may
be invoked in a petition to
deny due course to or
cancel COC if these involve
the representations
required under Section 78.
vii. If the certificate of
candidacy is void ab initio,
then legally the person who
filed such void certificate of
candidacy was never a
candidate in the elections
at any time.
523 Ibid.
524 Jaloslos, Jr. vs. COMELEC, supra.
Disqualification
i. It relates to the
declaration of a candidate
as ineligible or lacking in
quality or accomplishment
fit for the elective position
said candidate is seeking.
ii. The possession of a
disqualification as declared
by a final decision of a
competent court, or as
found by the Commission.
iii. It may be filed any day
after the last day of the
filing of COC, but not later
than the date of the
proclamation.
iv. A disqualified person is
merely prohibited to
continue as a candidate.
v. A disqualified candidate
may still be substituted if
they had a valid COC in the
first place.
vi. The grounds are limited
to Sections 12 and 68 of
the OEC, and, for local
elective officials, Section 40
of the LGC.
vii. The second-
placer cannot be
proclaimed winner if the
first-placer is disqualified or
declared ineligible xxx
where the certificate of
candidacy of the first-placer
was valid at the time of
filing.524
116
 Succession:525
Rule on the application:
a. The vacancies were caused by those
whose certificates of candidacy were valid
at the time of the filing "but subsequently
had to be cancelled because of a violation
of law that took place, or a legal
impediment that took effect, after the
filing of the certificate of candidacy.
b. The rule on succession under Section 45
(LGC), however, would not apply if the
permanent vacancy was caused by one
whose certificate of candidacy was void ab
initio.
Second-placer:526
Rule on the application:
a. In cases of vacancies caused by those
with void ab initio certificates of candidacy,
the person legally entitled to the vacant
position would be the candidate who
garnered the next highest number of votes
among those eligible.
b. It cannot be proclaimed winner if the
first-placer is disqualified or declared
ineligible where the certificate of
candidacy of the first-placer was valid at
the time of filing.527
Results of election:528
Challenges:
a. Failure of election cases.
b. Pre-proclamation petitions.
c. Election contests.
Failure of election:529
Essential grounds:
a. On account of force majeure.
b. Violence.
c. Terrorism.
d. Fraud.
e. Other analogous causes.
525 Chua vs. COMELEC, G.R. No. 216607, April 5, 2016.
526 Ibid.
527 Jaloslos, Jr. vs. COMELEC, supra.
528 Marcos, Jr. vs. Robredo, P.E.T. Case No. 005, February 16, 2021.
529 Marcos, Jr. vs. Robredo, supra.
Instances:
a. The election in any polling place has
not been held on the date fixed.
b. The election in any polling place had
been suspended before the hour fixed by
law for the closing of the voting.
c. Such election results in a failure to elect.
d. In any of such cases the failure or
suspension of election would affect the
result of the election.
Conditions:530
a. No voting has taken place in the
precincts concerned on the date fixed by
law or, even if there was voting, the
election nevertheless resulted in a failure
to elect.
b. The votes cast would affect the result of
the election.
c. The cause of such failure of election
should have been any of the following:
force majeure, violence, terrorism, fraud
or other analogous cases.
Instances to declare failure of
election:531
a. The election in any polling place has not
been held on the date fixed on account of
force majeure, violence, terrorism, fraud,
or other analogous causes.
b. The election in any polling place had
been suspended before the hour fixed by
law for the closing of the voting on
account of force majeure, violence,
terrorism, fraud, or other analogous
causes.
c. After the voting and during the
preparation and transmission of the
election returns or in the custody or
canvass thereof, such election results in
failure to elect on account of force
rnajeure, violence, terrorism, fraud, or
other analogous causes.
Call for special election:532
Requisites:
530 Ampatuan vs. COMELEC, G.R. No. 149803, January 31, 2002.
531 Bao vs. COMELEC, G.R. No. 149666, December 19, 2003.
532 Lucero vs. COMELEC, G.R. No. 113107, July 20, 1994.
117
 a. There is a failure of election.
b. That such failure would affect the
results of the election.
Fixing the date:
a. It should be not later than thirty days
after the cessation of the cause of the
postponement or suspension of the
election or the failure to elect.
b. It should be reasonably close to the
date of the election not held, suspended,
or which resulted in failure to elect.
Pre-proclamation controversy:533
Meaning:
a. It concerns questions affecting the
proceedings of the board of canvassers or
"any matter raised under Sections 233,
234, 235, and 236 [of the Omnibus
Election Code] in relation to the
preparation, transmission, receipt,
custody, and appreciation of the election
returns."
b. It refers to any question pertaining to or
affecting the proceedings of the board of
canvassers.534
Issues under the Automated Election
System:
Both concerning the Board of Canvassers:
i. Its illegal composition.
ii. Its illegal proceedings as when there
is precipitate canvassing, terrorism, lack
of sufficient notice to the members of
the Board of Canvassers, and improper
venue.535
Meaning:536
When the board is constituted not in
accordance with law, or is composed
of members not enumerated therein,
or when business is
transacted sans a quorum.
533
Ibid.
534
Macabago vs. COMELEC, G.R. No. 152163, November 18, 2002.
535 Quino vs. COMELEC, G.R. No. 197466, November 13, 2012.
536 Ibrahim vs. COMELEC, G.R. No. 192289, January 8, 2013.
Jurisdiction:537
It may be raised by any candidate or by
any registered political party or coalition of
political parties before the board or
directly with the Commission.
Limitations:538
a. They are properly limited to challenges
directed against the Board of Canvassers
and proceedings before said Board relating
to particular election returns.
b. It is not to look beyond or behind
election returns which are on their face
regular and authentic returns.
c. It does not resolve issues such as fraud
or terrorism attendant to the election
process, the resolution of which would
compel or necessitate the COMELEC to
pierce the veil of election returns which
appear to be prima facie regular, on their
face.
d. The correction of manifest errors in the
election returns, in the entries in the
Statement of Votes (SOV) by precinct per
municipality or in the certificate of
canvass.539
Meaning:
For errors to be manifest, they must
appear on the face of the certificates of
canvass or election returns sought to be
corrected, and objections thereto must
have been made before the Board of
Canvassers and specifically noted in the
minutes of their respective
proceedings.
Meaning of manifest:
Evident to the eye and understanding;
visible to the eye; that which is open,
palpable, and incontrovertible; needing
no evidence to make it more clear; not
obscure or hidden.
Scope:540
a. Illegal composition or proceedings of
the board of canvassers.
b. The canvassed election returns are
incomplete, contain material defects,
537
Macabago vs. COMELEC, supra.
538
Ibid.
539 Tamayo-Reyes vs. COMELEC, G.R. No. 175121, June 8, 2007.
540 Suhuri vs. COMELEC, G.R. No. 181869, October 3, 2009.
118
 appear to be tampered with or falsified, or
contain discrepancies in the same returns
or in other authentic copies thereof as
mentioned in Sections 233, 234, 235, and
236 of this Code.
c. The election returns were prepared
under duress, threats, coercion, or
intimidation, or they are obviously
manufactured or not authentic.
b. What is sought is the correction of the
canvass of votes, which was the basis of
proclamation of the winning candidate.
c. The court has the corresponding duty to
ascertain, by all means within its
command, who is the real candidate
elected by the people.
Petition for quo warranto:

d. When substitute or fraudulent returns in Meaning:

controverted polling places were
canvassed, the results of which materially An action against a person who usurps,
affected the standing of the aggrieved intrudes into, or unlawfully holds or
candidate or candidates. exercises a public office.

Election contest:541 Grounds:544

Forms: a. Disloyalty.

a. Election protest. b. Ineligibility.

b. Petition for quo warranto. c. The inadequacy of his certificate of

candidacy.
Summary dismissal:542
Requisites:
a. The court has no jurisdiction over the
subject matter. SET:545

b. The petition is insufficient in form and i. It may be filed by any registered

content. voter.

c. The petition is filed beyond the period ii. It may be filed:

prescribed in these Rules.
ai. Within fifteen (15) days after
d. The filling fee is not paid within the assumption of office of the
period for filling the election protest or respondent.
petition for quo warranto.
bii. At any time during his tenure on
e. In a protest case where cash deposit is the ground of citizenship.
required, the deposit is not paid within
five (5) days from the filling of the protest. ciii. At any time for grounds that
occur during his tenure.
Election protest:
iii. On the ground of ineligibility or
Meaning: disloyalty to the Republic of the
Philippines.
It involves a contest between the defeated
and winning candidates. It is centered on HRET:546
the issue of who actually and validly
obtained the plurality of votes. i. It may filed by any registered voter of
the district concerned or any registered
Purpose:543 voter in the case of party-list
representatives.
a. To ascertain whether the candidate
proclaimed by the board of canvassers is ii. It may be filed:
the lawful choice of the people.

541 544
Lucero vs. COMELEC, supra. Penson vs. COMELEC, G.R. No. 211636, September 28, 2021.
542 545
Garcia vs. COMELEC, G.R. No. 216691, July 21, 2015. Section 18, 2020 Rules of the Senate Electoral Tribunal.
543 Violago, Sr. vs. COMELEC, G.R. No. 194143, October 4, 2011. 546 Reyes vs. COMELEC, supra.

119
 ai. Within fifteen (15) days from
June 30 of the election year, if the
winning candidate was proclaimed
on or before said date.
bii. If the winning candidate was
proclaimed after June 30 of the
election year, it shall be filed within
fifteen (15) days from the date of
proclamation.
ciii. At any time during his tenure on
the ground of citizenship.
div. At any time for grounds that
occur during his tenure.
iii. On the ground of ineligibility or
disloyalty to the Republic of the
Philippines.
COMELEC:547
i. It may be filed by any voter
contesting the election of any regional,
provincial or city official.
ii. It may be filed within ten (10) days
from the date the respondent
proclaimed.
iii. On the ground of ineligibility or of
disloyalty to the Republic of the
Philippines.
Recall:
Meaning:548
A mode of removal of a public officer by
the people before the end of his term of
office.
Limitations:549
a. Any elective local official may be the
subject of a recall election only once
during his term of office. for loss of
confidence.
b. No recall shall take place within one (1)
year from the date of the official's
assumption to office or one (1) year
immediately preceding a regular local
election.
547
Sections 1 and 2, Rule XXI, COMELEC Rules of Procedure.
548
Madreo vs. Bayron, G.R. No. 237330, November 3, 2020.
549 Afiado vs. COMELEC, G.R. No. 141787, September 18, 2000.
PROSECUTION OF ELECTION
OFFENSES:
Power/authority:550
a. The exclusive power to conduct
preliminary investigation of all election
offenses punishable under this Code, and
to prosecute the same.
b. The Commission may avail of the
assistance of other prosecuting arms of
the government: Provided, however, That
in the event that the Commission fails to
act on any complaint within four months
from its filing, the complainant may file the
complaint with the office of the fiscal or
with the Ministry of Justice for proper
investigation and prosecution, if
warranted.
7. COMMISSION ON AUDIT
Qualifications:551
a. A natural-born citizens of the Philippines.
b. At the time of their appointment, at least
is thirty-five years of age.
c. A certified public accountants with not less
than ten years of auditing experience, or
members of the Philippine Bar who have been
engaged in the practice of law for at least ten
years.
d. Must not have been candidates for any
elective position in the elections immediately
preceding their appointment.
e. At no time shall all Members of the
Commission belong to the same profession.
Powers:552
a. To examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and
expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions,
agencies, or instrumentalities, including
government-owned or controlled corporations
with original charters.
b. It shall keep the general accounts of the
Government and, for such period as may be
provided by law, preserve the vouchers and
other supporting papers pertaining thereto.
550
Ejercito vs. COMELEC, supra.
551
Ibid.
552 Section 2, Article IX-D, supra.
120
 c. The authority to define the scope of its audit
and examination, establish the techniques and
methods required therefor.

d. Promulgate accounting and auditing rules and

regulations, including those for the prevention
and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable
expenditures, or uses of government funds and
properties.

Judicial review of final orders, resolutions

and decisions:553

a. Final resolutions of the Civil Service

Commission shall be appealable by certiorari
under Rule 43 to the Court of Appeals.

b. Petition for Review on Certiorari under Rule

45 with Supreme Court from the decision of the
Court of Appeals.

553 Revised Administrative Circular No. 1-95, June 1, 1995.

121
 LOCAL GOVERNMENT
1. UNITS/AGENCY OF THE GOVERNMENT554 Meaning:

Meaning: Refers to any agency organized as a stock or

non-stock corporation, vested with functions
Referring to any of the various units of the relating to public needs whether
Government. governmental or proprietary in nature, and
owned by the Government directly or through
Instances: its instrumentalities either wholly, or, where
applicable as in the case of stock
a. Department. corporations, to the extent of at least fifty-
one (51) per cent of its capital stock.
b. Bureau.
f. Local government or distinct unit therein.
c. Office.
2. CLASSIFICATIONS OF CORPORATION557
d. Instrumentality/government corporate
entities.555 a. Public or government corporate or juridical
entities or chartered institutions by legislative
Meaning:556 fiat.

Refers to any agency of the National b. Private corporations.

Government, not integrated within the
department framework, vested with special
functions or jurisdiction by law, endowed with
some if not all corporate powers,
administering special funds, and enjoying
operational autonomy usually through a
charter.
Instances:
i. Regulatory agencies.
ii. Chartered institutions.
Meaning:
Refers to any agency organized or
operating under a special charter, and
vested by law with functions relating to
specific constitutional policies or
objectives.
Instances:
a. State universities and colleges.
b. Monetary authority of the State.
iii. Government-owned or
corporation.
c. Government owned or controlled corporation.
3. PUBLIC CORPORATION
Classifications:558
a. Quasi-public corporations:
Meaning:
Private corporations that render public
service, supply public wants, or pursue other
eleemosynary objectives. While purposely
organized for the gain or benefit of its
members, they are required by law to
discharge functions for the public benefit. It
is a species of private corporations, but the
qualifying factor is the type of service the
former renders to the public: if it performs a
public service, then it becomes a quasi-public
corporation.
Instances:
i. Utility.
ii. Railroad.
controlled
iii. Warehouse.

e. Government-owned or -controlled iv. Telegraph.

corporation.
v. Telephone.

554
vi. Water supply corporations.
Boy Scout of the Philippines vs. Commission on Audit, G.R. No.
177131, June 7, 2011.
555 Mactan-Cebu International Airport Authority (MCIAA) vs. City 557
Boy Scout of the Philippines vs. Commission on Audit, supra.
558
of Lapu-Lapu, G.R. No. 181756, June 15, 2015. Philippine Society for the Prevention of Cruelty to Animals vs.
556 Boy Scout of the Philippines vs. Commission on Audit, supra. COA, G.R. No. 169752, September 25, 2007.
122

vii. Transportation companies.
b. As an agency or instrumentality:
c. Municipal Corporations/Local Government
Units:
4. LOCAL AUTONOMY 559
Meaning:
It refers to decentralization.
Forms:
i. The decentralization of power:
a. It involves the abdication of political
power in favor of the autonomous LGUs as
to grant them the freedom to chart their
own destinies and to shape their futures
with minimum intervention from the
central government.
b. This amounts to self-immolation
because the autonomous LGUs thereby
become accountable not to the central
authorities but to their constituencies.
ii. The decentralization of administration:
a. It occurs when the central government
delegates administrative powers to the
LGUs as the means of broadening the base
of governmental powers and of making
the LGUs more responsive and
accountable in the process, and thereby
ensure their fullest development as self-
reliant communities and more effective
partners in the pursuit of the goals of
national development and social progress.
b. It further relieves the central
government of the burden of managing
local affairs so that it can concentrate on
national concerns.
Groups of LGUs that enjoy
decentralization:
i. Autonomous Region:
Limitations:
i. Involves only the powers enumerated
by Section 20, Article X of the 1987
Constitution and by the acts of
Congress.
559 Mandanas vs. Ochoa, Jr., G.R. No. 199802, July 3, 2018.
ii. For, with various powers being
devolved to the regional units, the
grant and exercise of such powers
should always be consistent with and
limited by the 1987 Constitution and
the national laws.
iii. The powers are guardedly, not
absolutely, abdicated by the National
Government.
ii. Provinces, cities, municipalities and
barangays:
a. Enjoy the decentralization of
administration.
b. To make governance at the local levels
more directly responsive and effective.
c. In turn, the economic, political and
social developments of the smaller political
units are expected to propel social and
economic growth and development.
Categories:
i. Political decentralization or devolution:
a. It occurs when there is a transfer of
powers, responsibilities, and resources
from the central government to the LGUs
for the performance of certain functions.
b. It is an act by which the National
Government confers power and authority
upon the various LGUs to perform specific
functions and responsibilities.
c. It encompasses reforms to open sub-
national representation and policies to
“devolve political authority or electoral
capacities to subnational actors.
ii. Administrative decentralization or
deconcentration:
It involves the transfer of functions or the
delegation of authority and responsibility
from the national office to the regional and
local offices.
iii. Fiscal decentralization:
a. The LGUs have the power to create
their own sources of revenue in addition to
their just share in the national taxes
released by the National Government.
b. It includes the power to allocate their
resources in accordance with their own
priorities.
123
 c. It thus extends to the preparation of
their budgets, so that the local officials
have to work within the constraints of
their budgets.
d. The budgets are not formulated at the
national level and imposed on local
governments, without regard as to
whether or not they are relevant to local
needs and resources.
e. It does not signify the absolute freedom
of the LGUs to create their own sources of
revenue and to spend their revenues
unrestrictedly or upon their individual
whims and caprices. Congress has
subjected the LGUs’ power to tax to the
guidelines set in Section 130 of the LGC
and to the limitations stated in Section 133
of the LGC.
f. The concept of local fiscal autonomy
does not exclude any manner of
intervention by the National Government
in the form of supervision if only to ensure
that the local programs, fiscal and
otherwise, are consistent with the national
goals.
iv. Policy or decision-making decentralization:
It exists if at least one sub-national tier of
government has exclusive authority to
make decisions on at least one policy
issue.
5. LOCAL GOVERNMENT UNITS
Meaning:560
They are the bodies politic established by law
partly as agencies of the State to assist in the
civil governance of the country. They are legal
institutions formed by charters from the
sovereign power, whereby the populations
within communities living within prescribed
areas have formed themselves into bodies politic
and corporate, and assumed their corporate
names with the right of continuous succession
and for the purposes and with the authority of
subordinate self-government and improvement
and the local administration of the affairs of the
State.
Elements:
a. Legal creation or incorporation:
The law creating or authorizing the creation or
incorporation of a municipal corporation.
560 Ibid.
b. Corporate name:
The name by which the corporation shall be
known.
c. Inhabitants:
The people residing in the territory of the
corporation.
d. Territory:
The land mass where the inhabitants reside,
together with the internal and external waters,
and the air space above the land and waters.
Functions:
a. Public or governmental:
It acts as an agent of the State for the
government of the territory and the
inhabitants.
b. Private or proprietary:
It acts as an agent of the community in the
administration of local affairs. As such, it acts
as a separate entity, for its own purposes,
and not as a subdivision of the State.
Creation, conversion, division, merger or
dissolution:
Requisite:561
i. In accordance with the criteria established
in the local government code.
Criteria:
Creation and conversion:
i. Income. – It must be sufficient, based
on acceptable standards, to provide for
all essential government facilities and
services and special functions
commensurate with the size of its
population, as expected of the local
government unit concerned.
ii. Population. – It shall be determined
as the total number of inhabitants
within the territorial jurisdiction of the
local government unit concerned.
iii. Land Area. – It must be contiguous,
unless it comprises two (2) or more
islands or is separated by a local
561
Municipality of Nueva Era, Ilocos Norte vs. Municipality of
Marcos, Ilocos Norte, G.R. No. 169435, February 27, 2008.
124
 government unit independent of the
others; properly identified by metes and
bounds with technical descriptions; and
sufficient to provide for such basic
services and facilities to meet the
requirements of its populace.
Division and Merger:
It shall comply with the same
requirements for their creation.
Condition:
ai. That such division shall not
reduce the income, population, or
land area of the local government
unit or units concerned to less than
the minimum requirements
prescribed in this Code.
bii. That the income classfication of
the original local government unit or
units shall not fall below its current
income classification prior to such
division.
ii. Subject to approval by a majority of the
votes cast in a plebiscite in the political units
directly affected.
Conditions:562
a. It must follow the criteria fixed in the
Local Government Code.
b. Such creation must not conflict with any
provision of the Constitution.
c. There must be a plebiscite in the
political units affected.
Powers:
i. Police power.
ii. Eminent domain.
iii. Taxing power.
iv. Closure and opening of road.563
Requisites:
a. It must pursuant to an ordinance.
b. The closure or the opening must be
falling within its jurisdiction.
c. Permanent closure:
562 Sema vs. COMELEC, supra.
563 Section 21, R.A. No. 7160
i. The ordinance must be approved by
at least two-thirds (2/3) of all the
members of the sanggunian.
ii. It shall maks provisions for the
maintenance of public safety therein.
iii. A property thus permanently
withdrawn from public use may be used
or conveyed for any purpose for which
other real property belonging to the
local government unit concerned may
be lawfully used or conveyed.
iv. No freedom park shall be closed
permanently without provision for its
transfer or relocation to a new site.
d. Closure:
i. When necessary, an adequate
substitute for the public facility that is
subject to closure is provided.
ii. The duration of temporary closure
shall be specified by the local chief
executive concerned in a written order.
Instances:
ai. Actual emergency.
bii. Fiesta celebrations.
ciii. Public rallies.
div. Agricultural or industrial fairs.
ev. Undertaking of public works and
highways.
fvi. Telecommunications, and
waterworks projects.
gvii. Athletic, cultural, or civic
activities.
hviii. Where shopping malls, Sunday,
flea or night markets, or shopping
areas may be established and where
goods, merchandise, foodstuffs,
commodities, or articles of
commerce may be sold and
dispensed to the general public.
125
 v. Legislative power:
Requisites:564
a. It must not contravene the Constitution
or any statute.
b. It must not be unfair or oppressive.
c. It must not be partial or discriminatory.
d. It must not prohibit, but may regulate
trade.
e. It must be general and consistent with
public policy.
f. It must not be unreasonable.
Local initiative and referendum:565
Effectivity of Local Propositions:
i. Approved by a majority of the votes
cast.
ii. It shall take effect fifteen (15) days
after certification by the Comelec as if
affirmative action thereon had been
made by the Sanggunian and local chief
executive concerned.
Limitations on Local Initiatives:
i. It shall not be exercised more than
once a year.
ii. It shall extend only to subjects or
matters which are within the legal
powers of the Sanggunians to enact.
iii. If at any time before the initiative is
held, the Sanggunian concerned adopts
in to the proposition presented and the
local chief executive approves the
same, the initiative shall be canceled.
vi. Corporate powers: 566
a. To have continuous succession in its
corporate name.
b. To sue and be sued.
c. To have and use a corporate seal.
564 City of Cagayan de Oro vs. Cagayan Electric Power & Light Co.,
Inc. (CEPALCO), G.R. No. 224825, October 17, 2018.
565 Sections 120 – 127, supra.
566 Section 22, ibid.
Rule:
i. It may continue using, modify, or
change their existing corporate seals.
ii. Newly established local government
units or those without corporate seals
may create their own corporate seals
which shall be registered with the
Department of the Interior and Local
Government.
iii. Any change of corporate seal shall
also be registered.
d. To acquire and convey real or personal
property.
e. To enter into contracts.
Rule:
i. No contract may be entered into by
the local chief executive in behalf of the
local government unit without prior
authorization by the sanggunian
concerned.
ii. A legible copy of such contract shall
be posted at a conspicuous place in the
provincial capitol or the city, municipal
or barangay hall.
f. To exercise such other powers as are
granted to corporations, subject to the
limitations provided in this Code and other
laws.
g. Local government units shall enjoy full
autonomy in the exercise of their
proprietary functions and in the
management of their economic
enterprises.
vii. Ultra vires acts:
Meaning:567
a. Devoid of the specific delegation to its
local legislative body.
b. In enacting Ordinance without the
inherent and explicit authority to do so.
c. Where there is no express power in the
charter of a municipality authorizing it to
adopt ordinances regulating certain
matters which are specifically covered by a
general statute, a municipal ordinance,
insofar as it attempts to regulate the
567 Mosqueda vs. Pilipino Banana Growers & Exporters
Associations,Inc. G.R. No. 189185, August 16, 2016.
126
 subject which is completely covered by a c. Liability for violation of law:
general statute of the legislature, may be
rendered invalid. d. Liability for contracts:575

Liability of LGUs: A municipality may become obligated upon

a. Specific provisions:
i. Provinces, cities and municipalities shall be
liable for damages for the death of, or
injuries suffered by, any person by reason of Boundary disputes:576
the defective condition of roads, streets,
bridges, public buildings, and other public
works under their control or supervision.568
ii. The State is responsible in like manner
when it acts through a special agent.
an implied contract to pay the reasonable
value of the benefits accepted or
appropirated by it as to which it has the
general power to contract.
Meaning:
There is boundary dispute when a portion or
the whole of the territorial area of an LGU is
claimed by two or more LGUs.

iii. When a member of a city or municipal Rule:

police force refuses or fails to render aid or
protection to any person in case of danger to Boundary disputes between and among local
life or property, such peace officer shall be government units shall, as much as possible,
primarily liable for damages, and the city or be settled amicably.
municipality shall be subsidiarily responsible
therefor.569 Failure to settle:

b. Liability for tort: Effect:

i. Engaged in governmental function:570 i. It shall issue a certification to that

effect.
The need for ensuring public safety and
convenience to commuters and ii. Thereafter, the dispute shall be
pedestrians alike is paramount. It might be formally tried by the sanggunian
well, indeed, for public officials concerned concerned.
to pay heed to a number of provisions in
our laws that can warrant in appropriate Jurisdictional responsibility for
cases an incurrence of criminal and civil settlement:
liabilities. xxx
The Local Government Code — a. Sangguniang panlungsod or
Sec. 24. Liability for Damages. — Local sangguniang bayan concerned:
government units and their officials are
not exempt from liability for death or Involving two (2) or more barangays in
injury to persons or damage to property. the same city or municipality.

ii. Engaged in proprietary functions: b. Sangguniang panlalawigan concerned:

Instances: Involving two (2) or more municipalities

within the same province.
a. Operation of ferry service.571
c. Joint referral to sanggunians of the
b. Holding of town fiesta.572 provinces concerned:

c. The operation of public cemetery.573 d. Jointly referred for settlement to the

respective sanggunians of the parties:
d. Liability for illegal dismissal of an
employee.574

568
Article 2189, Civil Code of the Philippines.
569 Article 34, ibid.
570 LTO vs. City of Butuan, G.R. No. 131512, January 20, 2000.
571 Mendoza vs. De Leon, G.R. No. L-9596, February 11, 1916.
572 Torio vs. Fontanilla, G.R. No. L-29993, October 23, 1978.
573 City of Manila vs. Intermediate Appellate Court, G.R. No. 71159,
574 Municipality of Jasaan, Misamis Oriental vs. Gentallan, G.R. No.
154961, May 9, 2005.
575 Province of Cebu vs. Intermediate Appellate Court, G.R. No.
72841, January 29, 1987.
576 Municipality of Pateros vs. City of Taguig, G.R. No. 220824,

November 15, 1989. April 19, 2023.

127
 i. Involving a component city or
municipality on the one hand and a
highly urbanized city on the other.
ii. Involving two (2) or more highly
urbanized cities.
Vacancies in the offices of local officials:
Kinds:577
i. Permanent:
Grounds:578
a. Arises when an elective local official fills
a higher vacant office.
b. Refuses to assume office.
c. Fails to qualify.
d. Death.
e. Removed from office.
f. Voluntarily resigns.
g. Otherwise permanently incapacitated to
discharge the functions of his office.
Succession:
a. Office of the Governor or mayor:
i. The vice-governor or vice-mayor
concerned.
ii. Highest ranking sanggunian and
other sanggunian members by rank if
no qualified Vice-governor/mayor or
highest ranking sanggunian.
b. Office of the Vice-Governor/mayor:
Highest ranking sanggunian and other
sanggunian members by rank.
c. Office of the punong barangay:
Highest ranking sanggunian barangay
member or, in case of his permanent
inability, the second highest ranking
sanggunian member.
ii. Temporary:
Instances:
i. Leave of absence.
577
Section 44 and 46, R.A. No. 7160.
578
Jainal vs. COMELEC, G.R. No. 174551, March 7, 2007.
ii. Travel abroad.
iii. Suspension from office.
6. AUTONOMOUS REGIONS579
Meaning:
It refers to the granting of basic internal
government powers to the people of a particular
area or region with least control and supervision
from the central government.
Purpose:
a. It is a means towards solving existing serious
peace and order problems and secessionist
movements.
b. To permit determined groups, with a common
tradition and shared social-cultural
characteristics, to develop freely their ways of
life and heritage, exercise their rights, and be in
charge of their own business.
c. The establishment of a special governance
regime for certain member communities who
choose their own authorities from within the
community and exercise the jurisdictional
authority legally accorded to them to decide
internal community affairs.
Relation to the National Government:580
i. It implies the cultivation of more positive
means for national integration.
ii. It would remove the wariness, increase the
trust in the government and pave the way for
the unhampered implementation of the
development programs in the region.
579
Disomangcop vs. Secretary of DPWH, supra.
580
Disomangcop vs. Secretary of DPWH, supra
128
 NATIONAL ECONOMY AND PATRIMONY
1. REGALIAN DOCTRINE
Constitutional provision:581
The 1987 Constitution also stated
the Regalian Doctrine:
SECTION 2. All lands of the public domain,
waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned
by the State. With the exception of
agricultural lands, all other natural resources
shall not be alienated.
All lands of public domain:
Ownership:
i. All lands of the public domain belong to the
State.
ii. The State is the source of any asserted
right to ownership of land, and is charged
with the conservation of such patrimony.
iii. All lands not appearing to be clearly under
private ownership are presumed to belong to
the State. Also public lands remain part of the
inalienable land of the public domain unless
the State is shown to have reclassified or
alienated them to private persons.
Exception:
i. Native title to land.
ii. Ownership of land by Filipinos by virtue of
a claim of ownership since time immemorial.
iii. Ownership of land by Filipinos independent
of any grant from the Spanish Crown.
iv. As far back as testimony or memory goes,
the land has been held by individuals under a
claim of private ownership, it will be
presumed to have been held in the same way
from before the Spanish conquest, and never
to have been public land.
Classification of lands:582
i. Public dominion:
581 Federation of Coron, Busuanga, Palawan Farmer’s Association,
Inc. (FCBPFAI) vs. Secretary of the Department of Environment and
Natural Resources (DENR), G.R No. 247866, September 15, 2020.
582 Malabanan vs. Republic of the Philippines, G.R. No. 179987,
September 3, 2013.
a. Intended for public use.
b. Belongs to the State, without being for
public use, and is intended for some public
service or for the development of the
national wealth.
c. Patrimonial property of the State:
Land belonging to the State that is not of
such character, or although of such
character but no longer intended for public
use or for public service.
ii. Private ownership:
It belongs to a private individual other
than the patrimonial property of the State,
provinces, cities and municipalities.
Classification of public lands:583
i. Agricultural land.
ii. Forest or timber land.
iii. Mineral land.
iv. National parks.
Alienable and disposable lands of the
State:584
i. Patrimonial lands of the State, or those
classified as lands of private ownership under
Article 425 of the Civil Code without
limitation.
ii. Lands of the public domain, or the public
lands as provided by the Constitution, but
with the limitation that the lands must only
be agricultural.
Rules relative to the disposition of
public land or lands of the public
domain:585
Rule:
a. All lands of the public domain belong to
the State and are inalienable.
b. Lands that are not clearly under private
ownership are also presumed to belong to
the State and, therefore, may not be
alienated or disposed.
583
Ibid.
584 Ibid.
585 Ibid.
129
 Exceptions: acquiring any kind of alienable land of the
public domain.
a. Agricultural lands of the public domain.
Exception:
b. Lands of the public domain
subsequently classified or declared as no i. The lands were already converted to
longer intended for public use or for the private ownership by operation of law
development of national wealth are as a result of satisfying the requisite
removed from the sphere of public possession required by the Public Land
dominion and are considered converted Act.
into patrimonial lands or lands of private
ownership ii. Allows private corporations to hold
alienable lands of the public
Acquisition, ownership, and transfer of domain only through lease.
public and private lands:
b. Aliens, whether individuals or
i. Lands of public domain:586 corporations, are disqualified from
acquiring lands of the public domain.591
a. All lands owned or held by the state; or
unreserved state-owned lands which have iii. Private lands:
been opened for disposition.
Ownership:592
b. Pertains to all state-owned lands,
regardless of their classification. Prohibition:

ii. Modes of acquiring public land:587 i. Foreign ownership of private land and
the foreign stockholder's right to
a. Public grant. property.

i. For homestead settlement. ii. The law forbids the foreign

mortgagee from registering the
ii. By sale. property in its name.

iii. By lease. Exception:

iv. By confirmation of imperfect or ai. It recognizes the mortgagee's

incomplete titles. 588
interests therein.

Mode:589 bii. If the remaining assets of the

dissolving corporation consist only of
i. By judicial legalization. private land, the foreign
stockholder's liquidating dividend is
ii. By administrative legalization (free deemed the equivalent of such land
patent). in cash, personal property, or
nonland realty.
b. Adverse possession (or prescription). ciii. The foreign stockholder shall
have an equitable interest in the
c. Accretion. land.

d. Reclamation.

Limitation:590

a. A case in point is the absolute

prohibition on private corporations from

586 Republic of the Philippines vs. Pasig, Rizal, Co., Inc., G.R. No.
213207, February 15, 2022. See concurring opinion of J. Gaerlan.
587 Heirs of Gamos vs. Heirs of Frando, G.R. No. 149117, December

16, 2004.
588 Taar vs. Lawan, G.R. No. 190922, October 11, 2017.
589 Malabanan vs. Republic of the Philippines, supra. 591 In re: Petition for separation of property, G.R. No. 149615, August
590 Republic of the Philippines vs. Rovency Realty and Development 29, 2006.
592 Boon vs. Belle Corporation, G.R. No. 204778, December 6, 2021.
Corporation, G.R. No. 190817, January 10, 2018.
130
 Ancestral domain:593
Concept:
i. It is held under the indigenous concept of
ownership.
ii. This concept maintains the view that
ancestral domains are the ICCs/IPs private
but community property. It is private simply
because it is not part of the public
domain. But its private character ends
there.
iii. The ancestral domain is owned in common
by the ICCs/IPs and not by one particular
person.
iv. The IPRA itself provides that areas within
the ancestral domains, whether delineated or
not, are presumed to be communally held.
v. Communal rights to the land are held not
only by the present possessors of the land
but extends to all generations of the
ICCs/IPs, past, present and future, to the
domain. This is the reason why
the ancestral domain must be kept within the
ICCs/IPs themselves. The domain cannot be
transferred, sold or conveyed to other
persons. It belongs to the ICCs/IPs as a
community.
vi. Ancestral domains are all areas belonging
to ICCs/IPs held under a claim of ownership,
occupied or possessed by ICCs/IPs by
themselves or through their ancestors,
communally or individually since time
immemorial, continuously until the present,
except when interrupted by war, force
majeure or displacement by force, deceit,
stealth or as a consequence of government
projects or any other voluntary dealings with
government and/or private individuals or
corporations.
vii. Ancestral domain does not only cover the
lands actually occupied by an indigenous
community, but all areas where they have a
claim of ownership, through time immemorial
use, such as hunting, burial or worship
grounds and to which they have traditional
access for their subsistence and other
traditional activities.594
593 Cruz vs. Secretary of Environment and Natural Resources, G.R.
No. 135385, December 6, 2000. See separate opinion of J. Puno.
594 Paje vs. Casino, G.R. No. 207257, February 3, 2015.
Ancestral land:
Concept:
i. Lands held by the ICCs/IPs under the same
conditions as ancestral domains except that
these are limited to lands and that these
lands are not merely occupied and possessed
but are also utilized by the ICCs/IPs under
claims of individual or traditional group
ownership. These lands include but are not
limited to residential lots, rice terraces or
paddies, private forests, swidden farms and
tree lots.
ii. These lands, however, may be transferred.
Limitations:
a. Only to the members of the same
ICCs/IPs;
b. In accord with customary laws and
traditions.
c. Subject to the right of redemption of the
ICCs/IPs for a period of 15 years if the
land was transferred to a non-member of
the ICCs/IPs.
2. PUBLIC TRUST DOCTRINE595
Relationship under the public trust
doctrine:
a.The [s]tate is the trustee:
i. Which manages specific natural resources.
ii. The State has an affirmative duty to take
the public trust into account in the planning
and allocation of water resources, and to
protect public trust uses whenever feasible.
b.The trust principal:
For the trust principal.
c. The beneficiaries:
i. For the benefit of the current and future
generations.
ii. The public is regarded as the beneficial
owner of trust resources, and courts can
enforce the public trust doctrine even against
the government itself
595 Sama vs. People of the Philippines, supra note 189.
131
3. EXPLORATION, DEVELOPMENT, AND
UTILIZATION OF NATURAL RESOURCES
Concept/meaning of full control:596
i. Full control is not anathematic to day-to-
day management by the contractor, provided
that the State retains the power to direct
overall strategy; and to set aside, reverse or
modify plans and actions of the contractor.
The idea of full control is similar to that which
is exercised by the board of directors of a
private corporation: the performance of
managerial, operational, financial, marketing
and other functions may be delegated to
subordinate officers or given to contractual
entities, but the board retains full residual
control of the business.
ii. A degree of control sufficient to enable the
State to direct, restrain, regulate and
govern the affairs of the extractive
enterprises.
iii. Control by the State may be on a macro
level, through the establishment of policies,
guidelines, regulations, industry standards
and similar measures that would enable
government to regulate the conduct of
affairs in various enterprises, and restrain
activities deemed not desirable or beneficial,
with the end in view of ensuring that these
enterprises contribute to the economic
development and general welfare of the
country, conserve the environment, and uplift
the well-being of the local affected
communities.
iv. Such a degree of control would be
compatible with permitting the foreign
contractor sufficient and reasonable
management authority over the enterprise it
has invested in, to ensure efficient and
profitable operation.
Organ of government that actually
exercises the power of control on behalf
of the State:597
i. The Chief Executive is the official
constitutionally mandated to “enter into
agreements with foreign owned
corporations.”
ii. On the other hand, Congress may review
the action of the President once it is notified
of “every contract entered into in accordance
with this [constitutional] provision within
thirty days from its execution.”
596 La Bugal-B’Laan Tribal Association, Inc. vs. Ramos, G.R. No.
127882, December 1, 2004. Motion for reconsideration.
597 Ibid.
Exploration:598
Meaning:
The activity of searching and finding out
about something. Exploration, whether used
in the ordinary or technical sense pertains to
a search or discovery of something.
Constitutional mandate in the exploration,
development, and utilization of natural
resources:599
The text of Section 2, Article XII expressly
provides the mandate of the President and the
Congress with respect to the EDU of natural
resources.
i. The President:
The official constitutionally mandated to
enter into agreements with foreign-owned
corporations.
ii. The Congress:
May review the action of the President
once it is notified of the contract within 30
days from its execution.
Modes for the State to undertake
exploration, development, and utilization
of natural resources:600
The State may undertake such activities through
the following modes:
i. Directly.
ii. Co-production, joint venture or production-
sharing agreements with Filipino citizens or
qualified corporations.
Foreign interest:601
a. Beneficial interest in the exploration,
development and utilization of our natural
resources.
b. Participating in the management of
operations relative to the exploration,
development and utilization of our natural
resources.
598 Ocampo vs. Macapagal-Arroyo, G.R. No. 182734, January 10,
2023.
599 Ibid.
600 Ibid.
601 La Bugal-B’Laan Tribal Association, Inc. vs. Ramos, supra.
132
 iii. Congress may, by law, allow small-scale Refers to mineral agreements -- co-
utilization of natural resources by Filipino production agreements, joint venture
citizens. agreements and mineral production-sharing
agreements -- which the government may
iv. For the large-scale exploration, enter into with Filipino citizens and
development and utilization of minerals, corporations, at least 60 percent owned by
petroleum and other mineral oils, the Filipino citizens.
President may enter into agreements with
foreign-owned corporations involving b. No term limit:
technical or financial assistance.
There are no term limitations provided for in
Coverage of agreement: the said paragraphs dealing with Financial
and Technical Assistance Agreements
a. Financial or technical agreements. (FTAAs). This shows that FTAAs are sui
generis, in a class of their own.
b. Service contracts.
Rationale:
Requisites/conditions: 602

a. The framers preferred to leave the

Such service contracts may be entered matter to the discretion of the legislature
into only with respect to minerals, and/or the agencies involved in
petroleum and other mineral oils. The implementing the laws pertaining to
grant thereof is subject to several FTAAs, in order to give the latter enough
safeguards, among which are these flexibility and elbow room to meet
requirements: changing circumstances.

i. The service contract shall be crafted b. The exploratory phrases of an FTAA

in accordance with a general law that
will set standard or uniform terms,
conditions and requirements,
presumably to attain a certain
uniformity in provisions and avoid the
possible insertion of terms
disadvantageous to the country.
ii. The President shall be the signatory
for the government because,
supposedly before an agreement is
presented to the President for
signature, it will have been vetted
several times over at different levels to
ensure that it conforms to law and can
withstand public scrutiny.
iii. Within thirty days of the executed
agreement, the President shall report it
to Congress to give that branch of
government an opportunity to look over
the agreement and interpose timely
objections, if any.
agreements, mineral
c. Other things being included or possibly
being made part of the agreement.
lasts up to eleven years. Thereafter, a few
more years would be gobbled up in start-
up operations. It may take fifteen years
before an FTAA contractor can start
earning profits. And thus, the period of 25
years may really be short for an FTAA.
c. Consider too that in this kind of
agreement, the contractor assumes all
entrepreneurial risks. If no commercial
quantities of minerals are found, the
contractor bears all financial losses. To
compensate for this long gestation period
and extra business risks, it would not be
totally unreasonable to allow it to continue
EDU activities for another twenty five
years.
Distinctions:604
Joint venture
agreement, co- Financial and
production Technical Assistance
Agreements
production-sharing
agreements

Term of the agreement in the exploration, i. The three types of i. It is limited to large-
development, and utilization of natural agreement mentioned scale projects and only
resources:603 above apply to any for minerals, petroleum
natural resource, without and other mineral oils.
a. Twenty five (25) years: limitation and regardless
of the size or magnitude
of the project or
602 Ocampo vs. Macapagal-Arroyo,supra.
603 La Bugal-B’Laan Tribal Association, Inc. vs. Ramos, supra. 604 Ibid.
133
operations. contract area and shares
in the gross output; and
ii. It limits or reserves to ii. Here, the Constitution the contractor provides
Filipino citizens and removes the 40 percent the necessary financing,
corporations at least 60 cap on foreign ownership technology, management
percent owned by such and allows the foreign and manpower.
citizens the EDU of corporation to own up to
natural resources. 100 percent of the
equity. 4. NATIONALIST AND CITIZENSHIP
REQUIREMENT PROVISIONS
iii. The point being made iii. Filipino capital may
here is that, in two of the not be sufficient on Nationalistic requirement:605
three types of account of the size of the
agreements under project, so the foreign Concept:
consideration, the entity may have to ante
government has to ante up all the risk capital. i. Thus, while the Constitution mandates a
up some risk capital for bias in favor of Filipino goods, services, labor
the enterprise. and enterprises, it also recognizes the need
for business exchange with the rest of the
iv. Government funds iv. Correlatively, the world on the bases of equality and reciprocity
(public moneys) are
foreign stakeholder bears and limits protection of Filipino enterprises
withdrawn from other up to 100 percent of the only against foreign competition and trade
possible uses, put to risk of loss if the project practices that are unfair. It allows an
work in the venture fails. It was to bear 100 exchange on the basis of equality and
and placed at risk in case
percent of the risk of loss reciprocity, frowning only on foreign
the venture fails. This if the project failed, but competition that is unfair. The key, as in all
notwithstanding, its maximum potential economies in the world, is to strike a balance
management and control “beneficial interest” between protecting local businesses and
of the operations of the consisted only of 40 allowing the entry of foreign investments and
enterprise are -- in all percent of the net services.
three arrangements -- in beneficial interest,
the hands of the because the other 60 ii. It does not impose a policy of Filipino
contractor, with the percent is the share of monopoly of the economic environment. The
government being mainly the government, which objective is simply to prohibit foreign powers
a silent partner. will never be exposed to or interests from maneuvering our economic
any risk of loss policies and ensure that Filipinos are given
whatsoever. preference in all areas of development.

v. The government shall
provide inputs to the
mining operations other
than the mineral
resource itself.
vi. In a JVA, a JV
company is organized by
the government and the
contractor, with both
parties having equity
shares (investments);
and the contractor is
granted the exclusive
right to conduct mining
operations and to extract
minerals found in the
area. On the other hand,
in an MPSA, the
government grants the
contractor the exclusive
right to conduct mining
operations within the
v. In respect of the iii. The Constitution did not intend to pursue
particular FTAA granted an isolationist policy. It did not shut out
to it as contractor for foreign investments, goods and services in
providing the entire the development of the Philippine
equity, including all the economy.606
inputs for the project.
Ideals of economic nationalism:607
vi. In consonance with
the degree of risk i. By expressing preference in favor of
assumed, the FTAA qualified Filipinos in the grant of rights,
vested in WMCP the day- privileges and concessions covering the
to-day management of national economy and patrimony and in the
the mining operations. use of Filipino labor, domestic materials and
Still such management is locally-produced goods.
subject to the overall
control and supervision ii. By mandating the State to adopt measures
of the State in terms of that help make them competitive.
regular reporting,
approvals of work iii. By requiring the State to develop a self-
programs and budgets, reliant and independent national economy
and so on.
605 Espina vs. Zamora, Jr., G.R. No. 143855, September 21, 2010.
606 Colmenares vs. Duterte, G.R. No. 245981, August 9, 2022.
607 Espina vs. Zamora, Jr., supra.

134
 effectively controlled by Filipinos.

Meaning:

It does not impose a policy of Filipino

monopoly of the economic
environment. The objective is simply to
prohibit foreign powers or interests from
maneuvering our economic policies and
ensure that Filipinos are given preference
in all areas of development.

Effective control of Filipinos:608

Meaning:

a. The evident purpose of the citizenship

requirement is to prevent aliens from
assuming control of public utilities, which
may be inimical to the national interest.

b. To place in the hands of Filipino citizens

the control and management of public
utilities.

c. All the executive and managing officers

of a public utility company must be
Filipinos.

d. Foreign participation in the board

cannot exceed 40% of the total number of
board seats.

Constitutional safeguards:

a. 60% of its capital must be owned by

Filipino citizens.

b. Participation of foreign investors in its

board of directors is limited to their
proportionate share in its capital.

c. All its executive and managing officers

must be citizens of the Philippines.

5. PRACTICE OF PROFESSIONS

Constitutional mandate:609

The practice of all professions in the Philippines

shall be limited to Filipino citizens save in cases
prescribed by law.

608 Roy vs. Herbosa, G.R No. 207246, November 22, 2016.
609 Section 14, Article XII, supra.
135
 SOCIAL JUSTICE AND HUMAN RIGHT
A. SOCIAL JUSTICE
documents or other evidence is necessary or
Concept: convenient to determine the truth in any
investigation conducted by it or under its
It is intended to favor those who have less in authority.
life, it should never be taken as a toll to justify
let alone commit an injustice.610 i. Request the assistance of any department,
bureau, office, or agency in the performance of
It calls for the humanization of laws and the its functions.
equalization of social and economic forces by
the State so that justice in its rational and j. Appoint its officers and employees in
objectively secular conception may at least be accordance with law,
approximated. Under the policy of social justice,
the law bends over backwards to accommodate k. Perform such other duties and functions as
the interests of the working class, such as may be provided by law.
landless farmers and farmworkers, on the
humane justification that those with less
privilege in life should have more in law.611

B. COMMISSION ON HUMAN RIGHTS

Powers and functions:

a. Investigate, on its own or on complaint by

any party, all forms of human rights violations
involving civil and political rights.

b. Adopt its operational guidelines and rules of

procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court.

c. Provide appropriate legal measures for the

protection of human rights of all persons within
the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures
and legal aid services to the underprivileged
whose human rights have been violated or need
protection.

d. Exercise visitorial powers over jails, prisons,

or detention facilities.

e. Establish a continuing program of research,

education, and information to enhance respect
for the primacy of human rights.

f. Recommend to the Congress effective

measures to promote human rights and to
provide for compensation to victims of violations
of human rights, or their families.

g. Monitor the Philippine Government’s

compliance with international treaty obligations
on human rights.
h. Grant immunity from prosecution to any
person whose testimony or whose possession of

610 Land Bank of the Philippines vs. Estate of Araneta, G.R. No.
161796, February 8, 2012.
611 Department of Agrarian Reform vs. Itliong, G.R No. 235086, July

6, 2022.
136
 EDUCATION, SCIENCE, TECHNOLOGY, ARTS,
CULTURE, AND SPORTS
ACADEMIC FREEDOM612 Power of the State:

Constitutional provision: a. The State, in the exercise of its reasonable

supervision and regulation over education, can
Section 5(2), Article XIV of the 1987 only impose minimum regulations.
Constitution, provides:
Meaning:613
Academic freedom shall be enjoyed in all
institutions of higher learning. The State's supervisory authority over legal
education is one of oversight. It includes the
Concept: authority to check, but not to interfere.

Academic freedom has traditionally been Limitation:614

associated as a narrow aspect of the broader
area of freedom of thought, speech, expression i. It should not amount to control.
and the press. It has been identified with the
individual autonomy of educators to ii. Moreover, the supervision and regulation
"investigate, pursue, [and] discuss free from of legal education as an exercise of police
internal and external interference or power, to be valid, must be reasonable and
pressure." Thus, academic freedom of faculty should not transgress the Constitution.
members, professors, researchers, or
administrators is defended based on the iii. Its reasonableness must be viewed in
freedom of speech and press. relation to the public's right to education
concomitant with the State's constitutional
Essential freedom of an institution: duty to protect and promote the right of its
citizens to quality education at all levels.
i. Who may teach.

ii. What may be taught.

b. The reasonable supervision and regulation
iii. How it shall be taught. clause is also to be viewed together with the
right to education.
iv. Who may be admitted to study.
c. In order to protect and promote quality
Internal conditions for institutional education, the political departments are vested
academic freedom: with the ample authority to set minimum
standards to be met by all educational
The academic staff should have de institutions. This authority should be exercised
facto control over: within the parameters of reasonable supervision
and regulation.
a. The admission and examination of
students. d. The phrase "shall take appropriate steps"
signifies that the State may adopt varied
b. The curricula for courses of study. approaches in the delivery of education that are
relevant and responsive to the needs of the
c. The appointment and tenure of office of people and the society.
academic staff.
e. While the Constitution indeed mandates the
d. The allocation of income among the State to provide quality education, the
different categories of expenditure. determination of what constitutes quality
education is best left with the political
departments who have the necessary
knowledge, expertise, and resources to
determine the same.

613 Pimentel vs. Legal Education Board, G.R. No. 230642, November
612Pimentel vs. Legal Education Board, G.R. No. 230642, September 9, 2021. Motion for Reconsideration.
614 Ibid.
10, 2019.
137