Professional Documents
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2023 UP BOC Political Law Reviewer
2023 UP BOC Political Law Reviewer
b. Withdrawal and Termination ........ 350 d. Exclusive Rights of the Coastal State
1. Invalid Treaties ........................... 350 in the Continental Shelf...........................361
2. Other Grounds for Termination D. Jurisdiction Over Persons and Economic
of Treaty ............................................... 350 Activity ................................................................362
3. Suspension of Treaties .............. 351 1. Criminal Jurisdiction ................................362
B. Customary International Law..................... 351 a. General Theory ...............................362
1. Elements .................................................... 351 b. Extradition .......................................362
2. Obligations Erga Omnes ................... 353 1. Definition.....................................362
C. General Principles of Law .......................... 353 2. The General Rule on Standard of
D. Application of International Law by Treatment..............................................362
Domestic Courts ............................................... 354 3. Requisites For Extradition to Be
1. Monism ...................................................... 354 Exercised [Gov. of Hong Kong v. Olalia,
2. Dualism ...................................................... 354 Jr., supra] ...............................................362
3. Inverted Monism ...................................... 354 4. Fundamental Principles on
4. Harmonization.......................................... 354 Extradition ............................................363
2. Civil Jurisdiction .......................................364
II. INTERNATIONAL LEGAL PERSON
3. Immunity From Jurisdiction ...................364
354
a. Sovereign Immunity .......................364
A. States .............................................................. 354
1. Two Theories of Sovereign
1. Elements .................................................... 354
Immunity [US v. Ruiz, G.R. No. L-
a. Permanent Population ................... 354
35645 (1985)] ........................................364
b. Defined Territory............................ 354
2. Suits Against the State ...............364
1. Modes of Acquiring Territory .. 355
b. Diplomatic and Consular Immunity
c. Government .................................... 355
365
1. Types of Government ............... 355
4. Areas Not Subject to Jurisdiction of
d. Capacity to Enter into Relations .. 356
Individual States ............................................366
2. Recognition of States and Governments
a. High Seas ..........................................366
......................................................................... 356
b. Deep Seabed ....................................366
a. Recognition ...................................... 356
c. Outer Space......................................367
b. Failed States ..................................... 356
c. Secession .......................................... 356 IV. INTERNATIONAL
B. Non-State Entities ....................................... 357 RESPONSIBILITY ....................................367
C. International Organizations........................ 357 A. Concept of Imputability of Internationally
D. Status of Individuals and Corporations ... 357 Wrongful Act or Omission ..............................367
1. Conduct of Organs of a State [Article 4,
III. JURISDICTION............................. 358
ARSIWA] .......................................................368
A. Basis of Jurisdiction ..................................... 358
2. Conduct of Persons or Entities Exercising
1. Territoriality Principle.............................. 358
Elements of Governmental Authority
2. Nationality Principle ................................ 358
[Article 5, ARSIWA].....................................368
3. Protective Principle .................................. 358
3. Conduct of Organs Placed at the Disposal
4. Passive Personality Principle .................. 358
of a State by Another State [Article 6,
3. Universality Principle .......................... 358
ARSIWA] .......................................................368
B. Title to Territory........................................... 358
4. Excess of Authority or Contravention of
C. Adjacent Maritime Seas ............................... 358
Instructions [Article 7, ARSIWA] ..............368
1. Territorial Sea............................................ 358
5. Conduct Directed or Controlled by a State
2. Contiguous Zone ..................................... 360
[Article 8, ARSIWA].....................................368
3. Exclusive Economic Zone ................ 360
a. Effective Control ............................368
a. The Extent of the State’s Rights in
b. Overall Control ...............................368
the EEZ..................................................... 360
6. Conduct Carried Out in the Absence or
b. Rights of the Coastal State in the
Default of the Official Authorities [Article 9,
EEZ360
ARSIWA] .......................................................369
c. Rights of the Non-Coastal State ... 360
7. Conduct of an Insurrectional or Other
d. The Right of Geographically
Movement [Art. 10, ARSIWA] ...................369
Disadvantaged States or Landlocked
8. Conduct Acknowledged and Adopted by a
States .......................................................... 361
State as its Own [Art. 11, ARSIWA]..........369
4. Continental Shelf ................................. 361
9. Responsibility of a State in Connection
a. Extended Continental Shelf .......... 361
with the Acts of Another State ...................369
b. Continental Margin ......................... 361
10. Circumstances Precluding Wrongfulness
c. Continental Shelf ............................ 361
(Defenses) ......................................................369
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a. Consent [Art. 20, ARSIWA] ......... 370 d. The Convention shall NOT Apply
b. Self-Defense [Art. 21, ARSIWA] . 370 to: [1951 Convention]..............................376
c. Countermeasures [Article 22, e. General Obligations of Refugees..376
ARSIWA] .................................................. 370 f. Non-Discrimination .......................376
1. Conditions for Countermeasures g. Personal Status ................................376
[Art. 52, ARSIWA] .............................. 370 h. Rights of a Refugee .........................376
2. Limitations of Countermeasures: i. Principle of Non-Refoulment .......377
[Art. 49, ARSIWA] .............................. 370 3. Statelessness ..............................................377
d. Force Majeure [Art. 23, ARSIWA] 4. Remedies Under Treaty-Based
370 Mechanisms ...................................................378
e. Distress [Art. 24, ARSIWA] .......... 370 D. International Minimum Standard and
f. Necessity [Art. 25, ARSIWA] ....... 370 National Treatment (Including Expropriation
g. Other Principles .............................. 371 of Foreign-Owned Properties) ........................378
11. Consequences Of an Internationally 1. Fair and Equitable Treatment ................379
Wrongful Act ................................................ 371 2. Protection Against the Denial of Justice
B. Reparation ..................................................... 371 .........................................................................379
1. Forms of Reparation................................ 371 3. Expropriation of Foreign Property .......379
a. Restitution [Art. 35, ARSIWA] ..... 371 E. Environmental Harm ..................................380
b. Compensation [Art. 36, ARSIWA] 1. Precautionary Principle ............................380
372 2. Polluter-Pays Principle.............................380
c. Satisfaction [Art. 37, ARSIWA] .... 372 3. Common but Differentiated
d. Other Principles .............................. 372 Responsibilities..............................................380
C. International Protection of Human Rights 4. Sustainable Development ........................380
(Including Refugees and Stateless Persons) .. 372 5. Sic Utere Tuo Ut Alienum Non Laedas or
1. Basic Principles of International Human the No-Harm Principle ................................380
Rights Law ..................................................... 372 F. International Claims .....................................381
a. The Universal Declaration of Human 1. International Human Rights Law ..........381
Rights (UDHR) ........................................ 373 2. International Economic Law ..................381
b. The International Covenant on Civil 3. Immunities.................................................381
and Political Rights (ICCPR) ................. 374
V. DISPUTE RESOLUTION ............. 381
c. The International Covenant on
A. Legality of the Use of Force .......................381
Economic, Social and Cultural Rights
B. Concept of International and Non-
(ICESCR) .................................................. 374
International Armed Conflicts ........................382
2. Refugees..................................................... 375
1. The Role of the International Criminal
a. General Principles........................... 375
Court ...............................................................382
b. Definition ......................................... 375
C. Judicial and Arbitral Settlement .................382
c. The Following are Refugees Not
1. International Court of Justice .................382
Covered by the Convention: .................. 375
Permanent Court of Arbitration.................384
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POLITICAL AND PUBLIC
INTERNATIONAL LAW
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Self-Executing Character: The general rule
and presumption is that the provisions in the
CONSTITUTIONAL Constitution are self-executing in character.
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policies. To give them effect, legislative a. Amendment
enactment is required. (BFAR Employees
Union, Regional Office No. VII, Cebu City v. Amendment broadly refers to a change that
Commission on Audit, G.R. No. 169815 adds, reduces, or deletes without altering the
(2008)]. basic principle involved. (Lambino v.
Commission on Elections, G.R. Nos. 174153
As an exception, Section 15 and Section 16 & 174299 (2006)].
[Right to a Balanced and Healthful Ecology] of
Article II of the Constitution are self-executing An addition or change within the lines of the
and judicially enforceable even in their original instrument as will effect an
present form. (Oposa v. Factoran, Jr., G.R. improvement, or better carry out the purpose
No. 101083 (1993)]. for which it was framed. [Lambino v.
Commission on Elections, supra].
3. Process of Change (Amendments
and Revisions) b. Revision
Any amendment under Section 2 hereof shall be Quantitative Test -- whether the proposed
valid when ratified by a majority of the votes cast in change is "so extensive in its provisions as to
a plebiscite which shall be held not earlier than sixty change directly the 'substantial entirety' of the
days nor later than ninety days after the certification
constitution by the deletion or alteration of
by the Commission on Elections of the sufficiency of
the petition. numerous existing provisions." The court
examines only the number of provisions
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affected and does not consider the degree of The entire Constitution must be submitted
the change. for ratification at one plebiscite only. The
people must have a proper “frame of
Qualitative Test -- whether the change will reference” [Tolentino v. COMELEC, G.R.
"accomplish such far reaching changes in the No. L-34150 (1971)].
nature of our basic governmental plan as to
amount to a revision." No “piecemeal submission” is allowed; e.g.,
submission of age amendment ahead of
e. Procedure to Amend or Revise the other proposed amendments [Lambino v.
Constitution COMELEC, supra].
1. Proposal 3. Ratification
This refers to the adoption of the suggested The Proposed Amendments shall be
change in the Constitution. submitted to the people and shall be
deemed ratified by the majority of the votes
a. Congress (as a Constituent Assembly) cast in a plebiscite, held not earlier than 60
– a vote of 3/4 of ALL its members. days nor later than 90 days:
b. Constitutional Convention (ConCon) – i. After approval of the proposal by
Called into existence by (i) 2/3 of all Congress or ConCon;
members of Congress OR (ii) the ii. If proposal by initiative, after certification
electorate, in a referendum called for by a by the COMELEC of sufficiency of
majority of all members of Congress petition of the people.
[Section 3, Article XVII]
c. People (through a People’s Initiative) – 4. Judicial Review of Amendments
Petition of at least 12% of the total number The validity of the process of amendment is
of registered voters; every legislative not a political question because the Court
district must be represented by at least 3% must review if constitutional processes were
of the registered voters therein followed [Lambino v. COMELEC, supra].
i. Limitation on Initiative: No
amendment in this manner shall be B. The Philippines as a State
authorized (1) within 5 years following
the ratification of the 1987 Const. nor 1. Elements/Requisites for Statehood
(2) more often than once every 5
years thereafter.
ii. Enabling Law: Constitutional Montevideo Convention, Article 1
provision on amendments via The state as a person of international law should
People’s Initiative are not self- possess the following qualifications:
executory [Defensor-Santiago v. (a) A permanent population;
COMELEC, G.R. No. 127325 (1997)] (b) A defined territory;
(c) Government; and
2. Submission (Doctrine of Proper (d) Capacity to enter into relations with the other
States.
Submission)
The proposal must be submitted to the
people. [cited in Province of North Cotabato v. GRP,
G.R. No. 183591 (2008)].
Provided there is sufficient prior
dissemination of the proposed changes to 1987 Constitution, Article IV.
the Constitution, a plebiscite may be held on
the same day as a regular election SECTION 1. The following are citizens of the
[Gonzales v. COMELEC, G.R. No. L-28196 Philippines:
(1967)].
(1) Those who are citizens of the Philippines at the
time of the adoption of this Constitution;
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(3) Those born before January 17, 1973, of Filipino (4) Those who are naturalized in accordance with
mothers, who elect Philippine citizenship upon law.
reaching the age of majority; and
SECTION 2. Natural-born citizens are those who are
(4) Those who are naturalized in accordance with citizens of the Philippines from birth without having
law. to perform any act to acquire or perfect their
Philippine citizenship. Those who elect Philippine
SECTION 2. Natural-born citizens are those who are citizenship in accordance with paragraph (3),
citizens of the Philippines from birth without having Section 1 hereof shall be deemed natural-born
to perform any act to acquire or perfect their citizens.
Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), SECTION 3. Philippine citizenship may be lost or
Section 1 hereof shall be deemed natural-born reacquired in the manner provided by law.
citizens.
SECTION 4. Citizens of the Philippines who marry
SECTION 3. Philippine citizenship may be lost or aliens shall retain their citizenship, unless by their
reacquired in the manner provided by law. act or omission they are deemed, under the law, to
have renounced it.
SECTION 4. Citizens of the Philippines who marry
aliens shall retain their citizenship, unless by their SECTION 5. Dual allegiance of citizens is inimical to
act or omission they are deemed, under the law, to the national interest and shall be dealt with by law.
have renounced it.
SECTION 5. Dual allegiance of citizens is inimical to The constitution provides that the following
the national interest and shall be dealt with by law. people are considered citizens of the
Philippines:
1. Those who are citizens of the Philippines
a. Permanent Population at the time of the adoption of this
It refers to a permanent population and Constitution;
intended to be used in association with that of ● Includes those who were citizens
territory, and connotes a stable community. under the 1973 and 1935
Constitution.
Citizenship is personal and more or less 2. Those whose fathers or mothers are
permanent membership in a political citizens of the Philippines;
community. It denotes possession within that ● Jus sanguinis (“Right by Blood”) - a
particular political community of full civil and person's nationality follows that of his
political rights subject to special natural parents.
disqualifications such as minority. Reciprocally, 3. Those born before January 17, 1973, of
it imposes the duty of allegiance to the political Filipino mothers, who elect Philippine
community. (Bernas, Constitutional Law citizenship upon reaching the age of
Primer). majority; and
4. Those who are naturalized in accordance
1987 Constitution, Article IV. with law.
(1) Those who are citizens of the Philippines at the In Board of Immigration Commissioners vs. Go
time of the adoption of this Constitution; Gallano, express renunciation was held to
mean a renunciation that is made known
(2) Those whose fathers or mothers are citizens of distinctly and explicitly and not left to inference
the Philippines; or implication. Petitioner, with full knowledge,
and legal capacity, after having renounced
Portuguese citizenship upon naturalization as
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a Philippine citizen resumed or reacquired his The existence of effective government, with
prior status as a Portuguese citizen, applied for centralized administrative and legislative
a renewal of his Portuguese passport and organs, is the best evidence of a stable political
represented himself as such in official community. It is a centralized structure capable
documents even after he had become a of exercising effective control over a human
naturalized Philippine citizen. Such resumption community living in a given territory.
or reacquisition of Portuguese citizenship is
grossly inconsistent with his maintenance of State practice suggests that the requirement of
Philippine citizenship. [In re: Yu v. Defensor- a “stable political organization” in control of the
Santiago, G.R. No. 83882 (1989)]. territory does not apply during a civil war or
where there is a collapse of law and order in a
b. Defined Territory state that already exists.
The national territory comprises the Philippine
archipelago, with all the islands and waters The Philippines is a democratic and republican
embraced therein, and all other territories over state. Government authority emanates from its
which the Philippines has sovereignty or people.
jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea, d. Capacity to Enter into Relations with
the seabed, the subsoil, the insular shelves, Other States/Independence
and other submarine areas. The waters
around, between, and connecting the islands of 1987 Constitution
the archipelago, regardless of their breadth ARTICLE II, SECTION 7. The State shall pursue an
and dimensions, form part of the internal independent foreign policy. In its relations with other
states the paramount consideration shall be national
waters of the Philippines. [Article 1, 1987
sovereignty, territorial integrity, national interest,
Constitution] and the right to self-determination.
State territory is that defined portion of the A State must be free from outside control in
surface of the globe, which is subjected to the conducting foreign and internal affairs, i.e.,
sovereignty of the State [Oppenheim]. sovereign and independent.
A State must exercise control over a certain The State is the sole executive and legislative
area. It need not be exactly defined by metes authority. It must be independent of other state
and bounds, so long as there exists a legal orders, and any interference by such legal
reasonable certainty of identifying it. No orders, or by an international agency, must be
minimum land area is required. based on a title of international law.
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External self-determination can be defined The moment greater authority is conferred
as in the following statement from the upon the government, logically so much is
Declaration on Friendly Relations, supra, as withdrawn from the residuum of liberty which
resides in the people. The paradox lies in the
“The establishment of a sovereign and fact that the apparent curtailment of liberty is
independent State, the free association or precisely the very means of insuring its
integration with an independent State or the preservation. [Calalang v. Williams, G.R. No.
emergence into any other political status freely 47800 (1940)].
determined by a people constitute modes of
implementing the right of self-determination by Scope and Limitations
that people.” [See Province of North Cotabato “The State in order to promote the general
v. Government of the Republic of the welfare, may interfere with personal liberty,
Philippines Peace Panel on Ancestral Domain, with property, and with business and
G.R. Nos. 183591, 183752, 183893, 183951 & occupations. Persons may be subjected to all
183962 (2008)]. kinds of restraints and burdens, in order to
secure the general comfort, health and
A right to external self-determination (which prosperity of the state and to this fundamental
in this case potentially takes the form of the aim of our Government, the rights of the
assertion of a right to unilateral secession) individual are subordinated” [Ortigas and Co.,
arises in only the most extreme of cases and, Limited Partnership v. Feati Bank and Trust
even then, under carefully defined Co., G.R. No. L- 24670 (1979)].
circumstances.
As police power derives its existence from the
C. Fundamental Powers of the very existence of the State itself, it does not
need to be expressed or defined in its scope.
State xxx So it is that Constitutions do not define the
scope or extent of the police power of the State;
1. Police Power what they do is to set forth the limitations
It is the inherent and plenary power of the State thereof. The most important of these are the
which enables it to prohibit all that is hurtful to due process clause and the equal protection
the comfort, safety and welfare of society clause [Ichong v. Hernandez, G.R. No. L-7995
[Ermita-Malate Hotel and Motel Operators (1957)].
Association, Inc. v. Mayor of Manila, G.R. No.
L-24693 (1967)]. Police power has been characterized as the
most essential, insistent, and the least limitable
It is a power coextensive with self-protection, of powers, extending as it does to all the great
and is not inaptly termed the “law of the public needs [Ermita-Malate Hotel and Motel
overruling necessity” [Rubi v. Provincial Board Operators Association, Inc. v. Mayor of Manila,
of Mindoro, G.R. No. L-14078 (1919)]. supra].
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However, courts cannot delimit beforehand the Requisites for the Valid Exercise of Eminent
extent or scope of the police power, since they Domain
cannot foresee the needs and demands of 1. Necessity
public interest and welfare. So it is that 2. Private Property
Constitutions do not define the scope or extent 3. Public Use
of the police power of the State; what they do 4. Taking
is to set forth the limitations thereof. The most 5. Just Compensation
important of these are the due process clause 6. Due Process
and the equal protection clause [Ichong v.
Hernandez, supra]. 1. Necessity
There must be a necessity which must be of
2. Eminent Domain public character [Manapat v. CA, supra].
The power of eminent domain is the inherent
right of the State to condemn private property Difference as to the direction to expropriate
to public use upon payment of just [Manapat v. CA, supra].
compensation. If directed by Nature of necessity
The right of eminent domain is the ultimate right Congress Political question
of the sovereign power to appropriate, not only
the public but the private property of all citizens A delegate under Justiciable question
within the territorial sovereignty, to public general authority
purpose [Republic v. Heirs of Borbon, G.R. No. (e.g., LGUs)
165354 (2015)].
Example: In Manabat, the expropriation
Two mandatory requirements should
proceedings were initiated by the National
underlie the Government’s exercise of the
Housing Authority (NHA). Although a delegate,
power of eminent domain:
the NHA was acting under P.D. 1072, which
a. It is for a particular public purpose; and
concerned the expropriation of a specific piece
b. Just compensation should be paid to the
of property (there, Grace Park). This was
property owner [Mactan-Cebu
therefore an expropriation directed by the
International Airport Authority v. Lozada,
legislator, and its necessity a political question.
Sr., G.R. No. 176625 (2010)]
2. Private Property
It is well settled that eminent domain is an
General Rule: All private property capable of
inherent power of the State that need not be
ownership may be expropriated
granted even by the fundamental law. Sec. 9,
Art. III merely imposes a limit on the
Exceptions
government’s exercise of this power [Republic
a. Money
v. Tagle, G.R. No. 129079 (1998)].
b. Choses in Action
Who may Exercise Eminent Domain
Chose in Action
Generally: Legislature
It is a personal right not reduced into
Delegated (through charter):
possession such as debts owed by another
1. LGUs
person. It is the right to recover a debt,
2. Other government entities
demand, or damages on a cause of action ex
contractu or for a tort or omission of a duty
The repository of eminent domain powers is
[Black’s Law Dictionary].
the legislature, i.e. exercised through the
enactment of laws. But power may be
3. Public Use
delegated to LGUs and other government
“Public use” has been liberalized not just to
entities (via charter); still, the delegation must
cover cases of actual use by the government
be by law [Manapat v. CA, G.R. No. 110478
for traditional public services (e.g., roads) but
(2007)].
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to redistributive purposes (e.g., agrarian Determination of Just Compensation
reform, urban land reform). General Rule: It is computed at the time of the
filing of the complaint for expropriation [Section
Public use includes not only use directly 4, Rule 67, ROC].
available to the public but also those which
redound to their indirect benefit [Heirs of Exceptions:
Ardona v. Reyes, G.R. Nos. L-60549, 60553- • At the time of actual taking, when
55 (1983)]. taking precedes filing of the complaint.
• At the time of payment, after an
As long as the public has the right of use, inequitable lapse of time since the
whether exercised by one or many members of actual taking and the government’s
public, a public advantage or public benefit offer to pay [Heirs of Tria v. Landbank,
accrues sufficient to constitute a public use G.R. No. 170245 (2013)].
[Manosca v. CA, G.R. No. 106440 (1995)].
Inflation will not be considered in determining
4. Taking what the value of a property is for purposes of
There is taking of property when the following computing just compensation [Nepomuceno v.
are present [Republic v. Castellvi, G.R. No. L- CA, G.R. No. 166246 (2008)].
20620 (1974)]:
a. The expropriator must enter a private Determination of Just Compensation is a
property; Judicial Function
b. The entrance into private property must be
for more than a momentary period; The determination of just compensation is a
c. The entry into the property should be judicial function. The executive or legislature
under warrant or color of legal authority; may make the initial determination but when a
d. The property must be devoted to a public party claims a violation in the Bill of Rights, no
use; statute, decree, or executive order can
e. The utilization of the property ousts the mandate that its own determination shall
owner and deprives him of all beneficial prevail over the court’s mandate [EPZA v.
enjoyment of the property. Dulay, G.R. No. L-59603 (1987)].
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Two stages of Eminent Domain balance, if any, shall be transferred to the
1. Condemnation Stage: Determination of general funds of the Government [Section
the authority of the expropriator to 29(3), Article VI, 1987 Constitution].
exercise the power of eminent domain and
the propriety of its exercise. Requisites [Section 28(1), Article VI]
2. Just Compensation Stage: a. Uniform and Equitable
Determination by the court of the just Taxes should be (a) uniform (persons or things
compensation [Municipality of Biñan v. belonging to the same class shall be taxed at
Garcia, G.R. No. 69260 (1989)]. the same rate) and (b) equitable (taxes should
be apportioned among the people according to
Note: Expropriation proceedings are generally their ability to pay).
initiated by the government, which seeks the
approval of a court for an intended taking. b. Progressive system of taxation
The rate increases as the tax base increases,
When actual taking (occupation) precedes an with social justice as basis. Taxation here is an
expropriation proceeding, the affected private instrument for a more equitable distribution of
individual may file a complaint for just wealth.
compensation (also known as “inverse
expropriation”) [DPWH v. Manalo, G.R. No. The requirement is for Congress to evolve a
217656 (2020)]. progressive system of taxation. Hence, while
the VAT is regressive (as an indirect tax whose
3. Taxation rate does not consider the tax base of the
It is the power by which the State raises consumer to whom it is passed), its imposition
revenue to defray the necessary expenses of is not in violation of this requirement [Tolentino
the Government. It is the enforced proportional v. Secretary of Finance, G.R. No. 115455
contributions from persons and property, levied (1994)].
by the State, for the support of the government
and for all public needs. It is as broad as the c. Delegated tax legislation
purpose for which it is given. Congress may delegate law-making authority
only when the Constitution itself specifically
Purpose: authorizes it.
a. To raise revenue
b. Tool for regulation Scope and Limitation
c. Protection/power to keep alive General Limitations
a. The power to tax exists for the general
Lifeblood theory welfare. It should be exercised only for a
Taxes are the lifeblood of the government, for public purpose.
without taxes, the government can neither exist b. Might be justified as for public purpose
nor endure. A principal attribute of sovereignty, even if the immediate beneficiaries are
the exercise of taxing power derives its source private individuals.
from the very existence of the state whose c. Tax should not be confiscatory. If a tax
social contract with its citizens obliges it to measure is so unconscionable as to
promote public interest and common good. The amount to confiscation of property, the
theory behind the exercise of the power to tax Court will invalidate it. But invalidating a
emanates from necessity; without taxes, tax measure must be exercised with
government cannot fulfill its mandate of utmost caution, otherwise, the State’s
promoting the general welfare and well-being power to legislate for the public welfare
of the people [NPC v. Cabanatuan, G.R. No. might be seriously curtailed.
149110 (2003)]. d. Taxes should be uniform and equitable
[Section 28(1), Article VI, 1987
Tax for special purpose Constitution].
Treated as a special fund and paid out for such
purpose only; when the purpose is fulfilled, the
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Judicial review for unconscionable and its constitution and by-laws, the methods of
unjust tax amounting to confiscation of administration, the nature of the actual work
property performed, the character of the services
The legislature has discretion to determine the rendered, the indefiniteness of the
nature, object, extent, coverage, and situs of beneficiaries, and the use and occupation of
taxation. But where a tax measure becomes so the properties. [Lung Center of the Philippines
unconscionable and unjust as to amount to v. Quezon City, G.R. No. 144104 (2004)].
confiscation of property, courts will not hesitate
to strike it down; the power to tax cannot Exception: those portions of its real property
override constitutional prescriptions [Tan v. del that are leased to private entities are not
Rosario, G.R. No. 109289 (1994)]. exempt from real property taxes as these are
not actually, directly and exclusively used for
Specific Limitations charitable purposes. [Lung Center of the
a. Uniformity of taxation Philippines v. Quezon City, supra]
Simply geographical uniformity, meaning it
operates with the same force and effect in 2. If statutory, it has to have been passed by
every place where the subject of it is found majority of all the members of Congress
[Section 28(4), Article VI, 1987 Constitution]
sRule does not prohibit classification for
purposes of taxation, provided the requisites
for valid classification are met [Ormoc Sugar v. D. Relevance of the Declaration
Treasurer of Ormoc, G.R. No. L-237934 of Principles and State Policies
(1968)].
Article II, 1987 Constitution: Declaration of
b. Tax Exemptions Principles and State Policies
No law granting any tax exemption shall be
passed without the concurrence of a majority of Principles (Sections 1-6) – Binding rules
all the Members of Congress [Section 28(4), which must be observed in the conduct of
Article VI, 1987 Constitution]. government [Bernas].
There is no vested right in a tax exemption. State Policies (Sections 7-28) – Guidelines
Being a mere statutory privilege, a tax for the Orientation of the State [Bernas]
exemption may be modified or withdrawn at will
by the granting authority [Republic v. Caguioa, General Rule: Article II of the Constitution is
G.R. No. 168584 (2007)]. not intended to be self-executing principles
ready for enforcement through courts [Tanada
Exemptions may either be constitutional or v. Angara, G.R. No. 118295 (1997)].
statutory:
1. Constitutional exemptions [Section 28(3), Exceptions:
Article VI, 1987 Constitution] The right to a balanced and healthful ecology
[Sec. 16, 1987 Consti.; Oposa v. Factoran, G.R
Charitable institutions, churches and No. 101083 (1993)].
parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, The right to health [Sec. 15, 1987 Consti.;
buildings, and improvements, actually, directly, Imbong v. Ochoa, G.R. No. 204819 (2014)].
and exclusively used for religious, charitable,
or educational purposes shall be exempt from The State policy of full public disclosure of all
taxation. its transactions involving public interest [Sec.
28, 1987 Consti.; Legaspi v. Civil Service
To determine whether an enterprise is a Commission, G.R. No. 72119 (1987)].
charitable institution/entity or not, the elements
which should be considered include the statute
creating the enterprise, its corporate purposes,
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PRINCIPLES 2. The principle of sovereign immunity;
3. A person's right to life, liberty and due
The Philippines is a Democratic and process, and
Republican State
International customary rules are accepted as
Section 1, Article II. The Philippines is a democratic
binding as a result from the combination of two
and republican State. Sovereignty resides in the
people and all government authority emanates from elements:
them. 1. The established, widespread, and
consistent practice on the part of States; and
2. A psychological element known as the
The Philippines, under the 1987 Constitution, opinio juris sive necessitates (opinion as to
is not just a representative government but also law or necessity) [Poe-Llamanzares v.
shares some aspects of direct democracy such COMELEC, G.R. No. 221697 (2016)].
as, for instance, the “initiative and referendum”
under Section 32, Article VI [Bernas]. Civilian Supremacy
Renunciation of War
Section 3, Article II. Civilian authority is, at all times,
Section 2, Article II. The Philippines renounces war supreme over the military. The Armed Forces of the
as an instrument of national policy, adopts the Philippines is the protector of the people and the
generally accepted principles of international law as State. Its goal is to secure the sovereignty of the
part of the law of the land and adheres to the policy State and the integrity of the national territory.
of peace, equality, justice, freedom, cooperation,
and amity with all nations.
The supremacy of civilian authority over the
Only refers to wars of aggression, not
military is implemented under the 1987
defensive war.
Constitution with the President as
Commander-in-Chief of the Armed Forces of
Adoption of Generally Accepted Principles
the Philippines.
of International Law
Generally accepted principles of international
Civilian authority (Section 3, Article II) is not
law (GAPIL), by virtue of the incorporation
defeated in a joint task force between the PNP
clause of the Constitution, form part of the laws
and Marines for the enforcement of law and
of the land even if they do not derive from treaty
order in Metro Manila as long as control is left
obligations.
to the PNP [IBP v. Zamora, G.R. No. 141284
(2000)].
Incorporation: When, by mere constitutional
declaration, international law is deemed to
Role of the Armed Forces
have the force of domestic law [Pharmaceutical
a. Protector of the people and the State
and Health Care Assoc. Of the Philippines v.
b. Secure the sovereignty of the State and the
Duque III, G.R. No. 173034 (2007)].
integrity of the national territory
Compare Transformation: Requires that an
Compulsory Military and Civil Service
international law be transformed into a
domestic law through a constitutional Section 4, Article II. The prime duty of the
mechanism such as local legislation [Id.] Government is to serve and protect the people. The
Government may call upon the people to defend the
Allows an international principle, even if not
State and, in the fulfillment thereof, all citizens may
GAPIL, to have the force and effect of domestic be required, under conditions provided by law, to
law. render personal military or civil service.
The fact that R.A. No. 3350 grants a privilege Section 9, Article II. The State shall promote a just
to members of said religious sects cannot by and dynamic social order that will ensure the
prosperity and independence of the nation and free
itself render the Act unconstitutional, for the Act the people from poverty through policies that provide
only restores to them their freedom of adequate social services, promote full employment,
association which closed shop agreements a rising standard of living, and an improved quality
have taken away and puts them in the same of life for all.
plane as the other workers who are not
prohibited by their religion from joining labor
Promote Social Justice in All Phases of
unions [Victoriano v. Elizalde Rope Workers,
National Development
G.R. No. L-25246 (1974)].
See also discussion on Establishment Clause Section 10, Article II. The State shall promote
in Constitutional Law II. social justice in all phases of national development.
Independent Foreign Policy Section 11, Article II. The State values the dignity
of every human person and guarantees full respect
Section 7, Article II. The State shall pursue an for human rights.
independent foreign policy. In its relations with other
states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and Family as Basic Social Institution and
the right to self-determination. Natural and Primary Right and Duty of
Parents in the Rearing of the Youth
Paramount considerations: national
sovereignty, territorial integrity, national Section 12, Article II. The State recognizes the
sanctity of family life and shall protect and
interest, and the right to self-determination. strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the
mother and the life of the unborn from conception.
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The natural and primary right and duty of parents in well-being is likewise imperiled as minor
the rearing of the youth for civic efficiency and the children are prone to making detrimental
development of moral character shall receive the decisions” [SPARK v. Quezon City, G.R. No.
support of the Government. 225442 (2017)].
The right and duty referred to here is primary, Protection of the Life of the Mother and the
not exclusive. Life of the Unborn from Conception
The Curfew Ordinances merely serve as legal Section 16, ArticlE II. The State shall protect and
restrictions designed to aid parents in advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and
promoting their child’s welfare. Though these harmony of nature.
are inherently limiting on the part of the minor,
this is necessary because the youth is
vulnerable and inexperienced, and “their moral
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Citizens have a public right to a balanced and communities within the framework of national unity
healthful ecology, the right of which need not and development.
be written in the Constitution for it is assumed
to be an issue of transcendental importance
with intergenerational implications. Such right Community-Based, Sectoral Organizations
carries with it the correlative duty to refrain from
impairing the environment [Oposa v. Factoran, Section 23, Article II. The State shall encourage
G.R. No. 101083 (1993)]. non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Priority to Education, Science, and
Technology, Arts, Culture, and Sports Rule of Communication and Information in
Nation-Building
Section 17, Article II. The State shall give priority to
education, science and technology, arts, culture, Section 24, Article II. The State recognizes the vital
and sports to foster patriotism and nationalism, role of communication and information in nation-
accelerate social progress, and promote total human building.
liberation and development.
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E. Dynamics Among the government cannot be decided upon by the
Courts.
Branches of Government
The determination of a truly political question
1. Separation of Powers from a non-justiciable political question lies in
Separation of powers is a fundamental the answer to the question of whether there are
principle in our system of government and is constitutionally imposed limits on powers or
founded on the belief that, by establishing functions conferred upon political bodies. If
equilibrium among the three (3) power holders, there are, then our courts are duty-bound to
harmony will result and power will not be examine whether the branch or instrumentality
concentrated and tyranny will be avoided of the government properly acted within such
[Bernas]. Any system that is violative of the limits. [Francisco, Jr. v. House of
principle of separation of powers is Representatives, G.R. No. 160261 (2003)].
unconstitutional and void [Belgica v. Ochoa,
supra]. Application
A. Belgica v. Ochoa, supra
Each of the three branches of government has The Pork Barrel System violates the separation
exclusive cognizance of and is supreme in of powers because it is a form of post
matters falling within its constitutionally enactment authority in the implementation or
allocated sphere; each branch cannot invade enforcement of the budget.
the domain of others. Powers of the 1. The system permits legislative
government are separated to avoid encroachment upon the executive
concentration of powers in any one branch prerogative of implementing the law, by
[Gatmaytan]. giving individual legislators: (a) The power
to determine projects after the General
Three (3) branches of the Philippine Appropriations Act (GAA) is passed; and
government: (b) through congressional committees,
1. Legislative authority in the areas of fund release and
2. Executive realignment, the system encroaches on
3. Judiciary the Executive’s power to implement the
law.
The principle of separation of powers ordains 2. Furthermore, identification of a project by
that each of the three government branches a legislator being a mandatory
has exclusive cognizance of and is supreme in requirement before his PDAF can be
concerns falling within its own constitutionally tapped as a source of funds, his act
allocated sphere. It intends to secure action, to becomes indispensable in the entire
forestall over-action, to prevent despotism, and budget execution process.
to promote efficiency.
B. Ocampo v. Enriquez, G.R. No. 225973
While the separation of powers is not expressly (2016)
provided for in the Constitution [currently found In allowing the internment of Marcos at the
in Sec. 1 of Articles VI, VII, and VIII], it obtains LNMB, which is a land of the public domain
from actual division in the Constitution. Each devoted for national military cemetery and
department has exclusive cognizance of military shrine purposes, President Duterte
matters within its jurisdiction and is supreme decided a question of policy based on his
within its own sphere [Angara v. Electoral wisdom that it shall promote national healing
Commission, G.R. No. L-45081 (1936)]. and forgiveness. There being no taint of grave
abuse of discretion, as discussed below,
Political Question Doctrine President Duterte’s decision on that political
A question in which resolution has been vested question is outside the ambit of judicial review.
by the Constitution exclusively in the people, or
in which full discretionary authority has been
delegated to a co-equal political branch of the
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C. Forietrans Manufacturing Corporation v. PDAF are determined by the
Davidoff Et Cie. SA, G.R. No. 197482 (2017) congressman only after the GAA is
The task of determining probable cause is passed. The president then would not be
lodged with the public prosecutor and able to discern whether or not he should
ultimately, the Secretary of Justice. Under the veto the appropriation.
doctrine of separation of powers, courts have 2. It has a detrimental effect on
no right to directly decide matters over which Congressional Oversight. Because
full discretionary authority has been delegated legislators effectively intervene in project
to the Executive Branch of the Government. implementation, it becomes difficult for
them to exercise their (valid) post
D. OCA v. Reyes, A.M. No. P-08- 2535 (2010) enactment role of scrutinizing,
Legislative power cannot limit the Court’s investigating, or monitoring the
power to impose disciplinary actions against implementation of the law, when they are
erring justices, judges and court personnel. no longer disinterested observers [Belgica
Neither should such policy be used to restrict v. Ochoa, supra].
the Court’s power to preserve and maintain the
Judiciary’s honor, dignity and integrity and B. Gonzales v. Aguinaldo, G.R. No. 74769
public confidence that can only be achieved by (1990)
imposing strict and rigid standards of decency Section 8(2) of R.A. No. 6770, providing that
and propriety governing the conduct of justices, the President may remove a Deputy
judges and court employees. Ombudsman, is unconstitutional. Subjecting
the Deputy Ombudsman to discipline and
E. Angara v. Electoral Commission, supra removal by the President, whose own alter
The separation of powers is a fundamental egos and officials in the Executive department
principle in our system of government. It are subject to the Ombudsman’s disciplinary
obtains not through express provision but by authority, cannot but ser0069ously place at risk
actual division in our Constitution. Each the independence of the Office of the
department of the government has exclusive Ombudsman itself. Section 8(2) of R.A. No.
cognizance of matters within its jurisdiction, 6770 intruded upon the constitutionally-granted
and is supreme within its own sphere. But it independence of the Office of the
does not follow from the fact that the three Ombudsman. By so doing, the law directly
powers are to be kept separate and distinct that collided not only with the independence that
the Constitution intended them to be absolutely the Constitution guarantees to the Office of the
unrestrained and independent of each other. Ombudsman, but inevitably with the principle of
The Constitution has provided for an elaborate checks and balances that the creation of an
system of checks and balances to secure Ombudsman office seeks to revitalize. What is
coordination in the workings of the various true for the Ombudsman must equally and
departments of the government. necessarily be true for her Deputies who act as
agents of the Ombudsman in the performance
2. System of Checks and Balances of their duties. The Ombudsman can hardly be
Corollary to Separation of Powers: Prevents expected to place her complete trust in her
authority from being concentrated in one subordinate officials who are not as
branch. Each branch is supreme within their independent as she is, if only because they are
own sphere. subject to pressures and controls external to
her Office [Gonzales III v. Office of the
Application President, G.R. No. 196231 (2014)].
A. Belgica v. Ochoa, supra
The Pork Barrel system is unconstitutional, C. Legislative Veto
among others, because it violates the system
of checks and balances. Congressional oversight is not per se violative,
1. It deprives the president of his item-veto but is integral to separation of powers.
power. As lump-sum appropriations, the However, for a post-enactment congressional
actual projects under each congressman’s measure to be valid, it must be limited to:
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1. Scrutiny: Congress’ power of Provincial Board of Mindoro, G.R. No. L-14078
appropriation, i.e., budget hearings, and (1919) cited in Belgica v. Ochoa, supra.
power of confirmation
This is an express exception under the 1987
2. Investigation and monitoring of Constitution. See Article X, Sec. 9 of the 1987
implementation of laws: Using its power Constitution, explicitly mentioning “legislative
to conduct inquiries in aid of legislation bodies of local governments;” and Section 20
[Abakada Guro Partylist v. Purisima, G.R. providing for the coverage of legislative powers
No. 166715 (2008)]. delegated to autonomous regions via the
latter’s organic acts].
A legislative veto, i.e., statutory provision
(which may take the form of a congressional b. Constitutionally-grafted Presidential
oversight committee) that requires the Exceptions
President or an agency to submit the proposed i. Emergency power delegated to the Executive
implementing rules and regulations of a law to during the State of War or National Emergency
Congress for approval, is unconstitutional. It [Section 23(2), Article VI, 1987 Constitution];
encroaches on: and
1. The Executive: For it allows Congress to ii. Certain taxing powers of the President
take a direct role in the enforcement of its [Section 28(2), Article VI, 1987 Constitution].
laws;
The Congress may authorize the President to
2. The Judiciary: Administrative issuances fix, within specified limits, and subject to such
enjoy a presumption of validity, and only limitations and restrictions as it may impose,
the courts may decide whether or not they tariff rates, import and export quotas, tonnage
conform to statutes or the Constitution and wharfage dues, and other duties or
[Abakada Guro Partylist v. Purisima, imposts within the framework of the national
supra] development program of the Government.
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Traditional/Simplified Formulation: the law [Pelaez v. Auditor General, G.R. No. L-
23825 (1965)]; and
Who may exercise legislative powers:
b. Sufficient Standard Test: The standard is
General Rule: Congress only. sufficient if it defines legislative policy, marks
its limits, maps out its boundaries and specifies
Exceptions: PLATE the public agency to apply it. It indicates the
circumstances under which the legislative
1. Delegation to the People (by initiative and
command is to be effected [Edu v. Ericta, G.R.
referendum)
No. L-32096 (1970)].
2. Delegation to the Local governments
3. Delegation to the Administrative bodies The standard must specify the limits of the
a. Increasing complexity of the task of delegates authority, announce the legislative
government policy and identify the conditions under which it
b. Lack of technical competence of is to be implemented, e.g.,
● Public interest
Congress
● Justice and equity
c. Administrative bodies may fill up ● Simplicity, sufficiency, and economy
details of statute for implementation
d. Legislature may pass “contingent F. State Immunity
legislation”, which leaves to another
body the business of ascertaining Summary of Rule
facts General Rule: The State cannot be sued.
4. Delegation of Tariff powers to the
President under Constitution [Article 6, Constitutional Basis: Section 3, Article XVI.
The State may not be sued without its consent.
Section 28(2), 1987 Constitution]
5. Delegation of Emergency powers to the International Law Basis: Par in parem non
President under Constitution [Article 6, habet imperium.
Section 23(2), 1987 Constitution] • “An equal does not have power over an
equal”
There is neither an express prohibition nor an
express grant of authority in the Constitution for Basis in Jurisprudence
Congress to delegate to regional or local • Positivist Theory – There can be no
legislative bodies the power to create local legal right as against the authority that
government units. However, under its plenary makes the laws on which the right
legislative powers, Congress can delegate to depends. Also called the doctrine of
local legislative bodies the power to create Royal Prerogative of Dishonesty
local government units, subject to reasonable [Department of Agriculture v. NLRC,
standards and provided no conflict arises with G.R. No. 104269 (1993)].
any provision of the Constitution [Sema v. • Sociological Theory – If the State is
COMELEC, G.R. No. 177597 (2008)]. amenable to suits, all its time would be
spent defending itself from suits and
Test for Valid Delegation this would prevent it from performing its
Rule: There is a valid delegation of legislative other functions [Republic v. Villasor,
power when it passes the following tests – G.R. No. L-30671 (1973)].
a. Completeness test: The law sets forth the Exception: When the State consents to be
policy to be executed, carried out, or sued.
implemented by the delegate [Abakada Guro
Partylist v. Purisima, supra], such that there is How consent is given:
nothing left for the delegate to do but to enforce 1. Express
a. Through general law; or
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b. Through special law 4. Even when the suit, on its face, is against
2. Implied an officer but liability will belong to/fall on
a. When the State enter into business the government.
contracts with individuals (performing
proprietary functions); When is a suit NOT against the State?
b. When the State commences litigation 1. When it partakes of the nature of ordinary
and becomes vulnerable to business rather than functions of a
counterclaim; governmental or political character;
c. When it would be inequitable for the 2. When the purpose of the suit is to compel
State to invoke immunity; and an officer charged with the duty of making
d. In eminent domain cases. payments pursuant to an appropriation
made by law in favor of the plaintiff to
a. Two Theories of Sovereign Immunity make such payment, since the suit is
[US v. Ruiz, G.R. No. L-35645 (1985)] intended to compel performance of a
ministerial duty [Begosa v. Philippine
1. Absolute or Classical Theory — A Veterans Association, G.R. No. L-25916
sovereign cannot, without its consent, be made (1970)];
a respondent in the courts of another 3. When it is clear that the respondent is a
sovereign. public officer sued in a private capacity;
4. When the action is not in personam with
This derives from the principle of sovereign the government as the named defendant,
equality found in Article 2(1) of the UN Charter but an action in rem that does not name
as well as generally accepted principles of the government in particular.
international law. 5. When the officer sued acted beyond his
official capacity (i.e., ultra vires)
2. Restrictive Theory — The immunity of the
sovereign is recognized only with regard to Official Capacity vs. Personal Capacity
public acts or acts (jure imperii) of state, but not The doctrine of non-suability applies only in
regard to private acts or acts (jure gestionis) cases wherein the complaint is against officials
of state for acts performed in discharge of
The Philippines follows the restrictive theory. duties or his official capacity. When officials
abuse this authority gravely (like discriminatory
The restrictive theory came about because of behavior), this is no longer an official state act
the entry of sovereign states into purely and the official may now be sued in his
commercial activities remotely connected with personal capacity [Shauf v. CA, G.R. No.
the discharge of governmental functions. This 90314 (1990)].
is particularly true with respect to the
Communist states which took control of Beyond Scope of Authority
nationalized business activities and When officials, while discharging their official
international trading. (The Holy See v. Rosario, functions, commit acts that are beyond their
Jr., G.R. No. 101949 (1994)]. scope of authority (i.e., police forces firing upon
civilians and killing them, mistakenly believing
b. Suits Against the State they were Communists), they will be liable in
their personally capacity and thus will not be
When is a suit considered a suit against the covered by state immunity [Republic v.
State? Sandoval, G.R. No. 84607 (1993)].
1. If it produces adverse consequences to
public treasury in terms of disbursement c. Consent To Be Sued
as well as loss of government property,
regardless of the defense; (1) Express Consent
2. When the Republic is sued in its name;
3. When the suit is against an unincorporated Effected only by the will of the legislature
government agency; and through the medium of a duly enacted statute;
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may be embodied either in a general law or a SECTION 5. When the Government of the
special law. Philippines is plaintiff in an action instituted in any
court of original jurisdiction, the defendant shall have
The exclusion of existing private rights from the the right to assert therein, by way of set-off or
reservation established by Proclamation No. counterclaim in a similar action between private
parties.
90 can not be construed as a waiver of the
immunity of the State from suit. Waiver of
immunity, being a derogation of sovereignty, b. Torts
will not be inferred lightly, but must be
construed in strictissimi juris. Moreover, the 1. Liability of local government units
Proclamation is not a legislative act. The Provinces, cities and municipalities shall be
consent of the State to be sued must emanate liable for damages for the death or injuries
from statutory authority. Waiver of State suffered by any person by reason of the
immunity can only be made by an act of the defective conditions of roads, streets, public
legislative body. (Republic v. Feliciano, G.R. buildings and other public works under their
No. 70853 (1987)]. control and supervision [Article 2189, CC].
When the State expressly states their consent 2. Vicarious liability for special agents
to be sued through legislation (including The Government is only liable for the acts of its
treaties), it waives its immunity from suit. agents, officers and employees, when they act
However, this waiver of immunity may be as special agents within the meaning of the
limited to certain legal actions (i.e., under the provision [Article 2180(6), CC].
VFA, there is a waiver of immunity by the US
under criminal jurisdiction but not to civil Special Agent — One who receives a definite
actions) [Arigo v. Swift, G.R. No. 206510 and fixed order or commission, foreign to the
(2014)]. exercise of the duties of his regular office [See
Merritt v. Government of the Philippine Islands,
(i) General Law G.R. No. L-11154 (1916)].
Authorizes any person who meets the One who performs his regular functions, even
conditions stated in the law to sue the if he is called a “special agent”, is not a special
government in accordance with the procedure agent within the context of Government liability
in the law; e.g., [USA v. Guinto, G.R. No. 76607 (1990)].
a. Money claims arising from contract 3. Liability under the Local Government
express or implied Code
Local government units and their officials are
Act No. 3083: An Act Defining the Conditions not exempt from liability for death or injury to
under which the Government of the Philippines persons or damage to property [Section 24,
may be sued. LGC].
SECTION 1. Complaint against Government. — (ii) Special Law — May come in the
Subject to the provisions of this Act, the Government
of the Philippines hereby consents and submits to
form of a private bill authorizing a
be sued upon any moneyed claim involving liability named individual to bring suit on a
arising from contract, express or implied, which special claim.
could serve as a basis of civil action between private
parties. By consenting to be sued a state simply waives
its immunity from suit. It does not thereby
SECTION 2. A person desiring to avail himself of the
privilege herein conferred must show that he has
concede its liability to plaintiff, or create any
presented his claim to the Insular Auditor [now the cause of action in his favor, or extend its liability
Commission on Audit] and that the latter did not to any cause not previously recognized. It
decide the same within two months from the date of merely gives a remedy to enforce a pre-
its presentation. existing liability and submits itself to the
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jurisdiction of the court, subject to its right to express consent [SSS v. Court of Appeals,
interpose any lawful defense [Merritt v. G.R. No. L-41299 (1983)].
Government of the Philippine Islands, supra]
b. Unincorporated: There must be an
(2) Implied Consent inquiry into the principal functions of
government.
a. In instances when the State takes private
property for public use or purpose i. If governmental: No suit without its
(eminent domain). consent [Bureau of Printing v. Bureau
b. When the State enters into a business of Printing Employees Association,
contract (in jure gestionis or proprietary G.R. No. L-15751 (1961)].
functions).
c. When it would be inequitable for the State ii. If proprietary: The suit will lie
to invoke its immunity. because when the State engages in
d. If the government files a complaint and principally proprietary functions, it
seeks affirmative relief, the defendant may descends to the level of a private
file a counterclaim against it. individual, and may, therefore be
e. When the State directs a compensate vulnerable to suit [Civil Aeronautics
taking (e.g., appropriation) for just Administration v. Court of Appeals,
compensation of the plaintiff. G.R. No. L-51806 (1988)].
Note: When the DOTC constructed the The State may only be liable for
encroaching structures and subsequently proprietary acts (jure gestionis) and
entered into the FLA with Digitel for their not for sovereign acts (jure imperii).
maintenance, it was carrying out a sovereign
function. Therefore, these are acts jure imperii
Types Function Role
that fall within the cloak of state immunity.
However, the doctrine of state immunity cannot Incorporated Governmental CAN be sued
serve as an instrument for perpetrating an or proprietary ONLY IF
injustice to a citizen. The SC, citing Ministerio charter allows
v. CFI (1971), held that when the government
takes any property for public use, which is Unincorpora Governmental CANNOT be
conditioned upon the payment of just ted sued unless
compensation, to be judicially ascertained, it consent is
makes manifest that it submits to the given
jurisdiction of a court. The Department's entry
into and taking of possession of the Proprietary CAN be sued
respondents' property amounted to an implied
waiver of its governmental immunity from suit
[DOTC v. Sps. Abecina, G.R. No. 206484 Note: The State's immunity from suit did not
(2016)]. extend to the NHA despite its being a
government owned and controlled corporation.
d. Specific Rules Under Section 6(i) of PD No. 757, which was
its charter, the NHA could sue and be sued.
Suits against Government Agencies: There is no question that the NHA could sue or
be sued, and thus could be held liable under
Suability depends on whether the agency is the judgment rendered against it. But the
incorporated (i.e., there is a separate charter) universal rule remains to be that the State,
or unincorporated (i.e., no separate although it gives its consent to be sued either
personality). by general or special law, may limit the
claimant's action only up to the completion of
a. Incorporated: If the charter provides that proceedings anterior to the stage of execution.
the agency can sue, then the suit will lie. The power of the court ends when the
The provision in the charter constitutes
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judgment is rendered because government f. Scope of Consent (Consent to Liability,
funds and property may not be seized pursuant Independently Required)
to writs of execution or writs of garnishment to
satisfy such judgments. The functions and When a money judgment is given against the
public services of the State cannot be allowed government, the ordinary rule for execution
to be paralyzed or disrupted by the diversion of would not apply, for the consent of the
public funds from their legitimate and specific government to be sued is only up to the point
objects, and as appropriated by law. The rule of judgment. If it does not pay, it cannot be
is based on obvious considerations of public compelled to pay by attachment or otherwise.
policy [National Housing Authority v. Roxas,
G.R. No. 171953 (2015)]. Consent to be sued is not a concession of
liability. Suability depends on the consent of
Suits against Public Officers the State to be sued, and liability on the
General Rule: The doctrine of state immunity applicable law and the established facts. The
also applies to complaints filed against officials circumstance that a State is suable does not
of the State for acts performed by them in the necessarily mean that it is liable, but it can
discharge of their duties within the scope of never be held liable if it does not first consent
their authority. to be sued. When the State does waive its
sovereign immunity, it is only giving the plaintiff
Exception: The doctrine of immunity from suit the chance to prove that it is liable [USA v.
will not apply and may not be invoked where Guinto, G.R. No. 76607 (1990)].
the public official is being sued in his (1) private
and personal capacity as an ordinary citizen, g. Estoppel
for (2) acts without authority or in excess of the General Rule: The State cannot be put in
powers vested in him [Lansang v. CA, G.R. No. estoppel by the mistakes or errors of its officials
102667 (2000)]. or agents [Republic v. Galeno, G.R. No.
215009 (2017)].
Note: Acts done without authority are not acts
of the State (see Beyond Scope of Authority). Exception: Estoppel may not be invoked
where they would operate to defeat the
e. Exceptions to Prior Consent Rule effective operation of a policy adopted to
Jurisprudence provides these exceptions, protect the public, or in those special cases
when the State or public officer may be sued where the interest of justice clearly required it.
without prior consent: Respondent had already acquired a vested
1. To compel the State or public officer to do right on the tax classification of its San Mig
an act required by law; Light as a new brand. To allow petitioner to
2. To restrain the State or public officer from change its position will result in deficiency
enforcing an act claimed to be assessments in substantial amounts against
unconstitutional; respondent to the latter's prejudice
3. To compel the payment of damages from [Commissioner of Internal Revenue v. San
an already appropriated assurance fund or Miguel Corporation, G.R. Nos. 205045 &
to refund tax over-payments from a fund 205723 (2017)].
already available for the purpose;
4. To secure a judgment that the officer G. National Territory
impleaded may satisfy by himself without
1. Scope
the State having to do a positive act to
assist him; 1987 Constitution
5. Where the government itself has violated
Article I. The national territory comprises the
its own laws [Sanders v. Veridiano II, G.R. Philippine archipelago, with all the islands and
No. L-46930 (1988)]. waters embraced therein, and all other territories
over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the
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seabed, the subsoil, the insular shelves, and other the Turtle and Mangsee Islands [Bernas
submarine areas. The waters around, between, and (2003), cited in Justice Velasco’s
connecting the islands of the archipelago, concurring opinion in Magallona v. Ermita,
regardless of their breadth and dimensions, form G.R. No. 187167 (2011)].
part of the internal waters of the Philippines.
Methods of Baseline Determination
The national territory is comprised of — Baselines laws such as R.A. No. 9522 are
1. Philippine archipelago, with all the islands enacted by United Nations Convention on the
and waters embraced therein, including Law of the Seas III (UNCLOS III) State parties
internal waters; and to mark-out specific basepoints along their
2. All other territories over which the coasts from which baselines are drawn, either
Philippines has sovereignty or jurisdiction. straight or contoured, to serve as geographic
It consists of — starting points to measure the breadth of the
a. Territorial sea, seabed, subsoil, insular maritime zones and continental shelf.
shelves, and other submarine areas UNCLOS III and its ancillary baselines laws
b. Terrestrial, fluvial, and aerial domains play no role in the acquisition, enlargement or,
[Article I, 1987 Constitution] as petitioners claim, diminution of territory.
Internal Waters: The waters around, between, UNCLOS III has nothing to do with the
and connecting the islands of the archipelago, acquisition (or loss) of territory. It is a
regardless of their breadth and dimensions, multilateral treaty regulating, among others,
form part of the internal waters of the sea-use rights over maritime zones (i.e., the
Philippines [Article I, 1987 Constitution]. territorial waters [12 nautical miles from the
baselines], contiguous zone [24 nautical miles
Archipelagic Doctrine - The Philippine from the baselines], exclusive economic zone
Archipelago is one single unit. Hence, all [200 nautical miles from the baselines]), and
waters within the Philippines’ baselines – continental shelves that UNCLOS III delimits.
regardless of their breadth and distance from
the nearest island coastline – are archipelagic UNCLOS III was the culmination of decades
waters.” long negotiations among United Nations
members to codify norms regulating the
Within the archipelago, the Philippines conduct of States in the world's oceans and
exercises territorial sovereignty, limited only by submarine areas, recognizing coastal and
the freedom of navigation and overflight in the archipelagic States' graduated authority over a
UNCLOS. limited span of waters and submarine lands
along their coasts. XXX Under traditional
Treaty limits of the Philippine archipelago international law typology, States acquire (or
1. Treaty of Paris of 10 December 1898: conversely, lose) territory through occupation,
“Spain cedes to the United States the accretion, cession and prescription, not by
archipelago known as the Philippines executing multilateral treaties on the
Islands, and comprehending the islands regulations of sea-use rights or enacting
lying within the following line” xxx statutes to comply with the treaty's terms to
delimit maritime zones and continental
Article 3 defines the metes and bounds of shelves. Territorial claims to land features are
the archipelago by longitude and latitude, outside UNCLOS III and are instead governed
degrees and seconds. by the rules on general international law
[Magallona v. Ermita, G.R. No. 187167 (2011)].
2. Treaty of Washington of 7 November
1900 between the United States and R.A. No. 9522 (March 10, 2009) - The current
Spain: Ceding Cagayan, Sibuto and Sulu. baselines law created 101 base points around
the Philippines to determine the baseline. This
3. Treaty of 12 January 1930 between the aims to demarcate the country's maritime zone
United States and Great Britain: Ceding and continental shelf in accordance with
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UNCLOS III and is not meant to delineate
Philippine territory. Under the Treaty of Paris,
II. LEGISLATIVE
baselines cannot be drawn from the DEPARTMENT
boundaries or other portions of the rectangular
area but the outermost islands and drying reefs A. Nature of Legislative Power
of the archipelago.
1. Derivative and Delegated Power
R.A. No. 9522 is not unconstitutional: (1) It
is a statutory tool to demarcate the maritime
zone and continental shelf of the Philippines SECTION 1, ARTICLE VI. The legislative power
under UNCLOS III and does not alter the shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of
national territory. (2) While UNCLOS III does
Representatives, except to the extent reserved to
not bind the Philippines to pass a baselines the people by the provision on initiative and
law, Congress may do so. (3) The law also referendum.
does not abandon the country's claim to
Sabah, as it does not expressly repeal the
entirety of R.A. No. 5446. Derivative legislative power is that which has
been delegated by the sovereign people to
R.A. No. 9522 uses the framework of regime of legislative bodies such as the Congress and is
islands in determining the maritime zones of subordinate to the original power of the people.
the Kalayaan Island Group (KIG) and [Garcia v. COMELEC, G.R. No. 111230
Scarborough Shoal. Regime of islands refers (1994)].
to any natural formed area of land surrounded
by water that generate their own applicable “[E]xcept to the extent reserved to the
maritime zone [UNCLOS III]. people by the provision on initiative and
referendum”
Straight baseline method — Consists of
drawing straight lines connecting appropriate This clause pertains to the original power of
points on the coast without departing to any legislation which the sovereign people have
appreciable extent from the general direction of reserved for their exercise in matters they
the coast, in order to delineate the internal consider fit. Considering that derivative
waters from the territorial waters of an legislative power is merely delegated by the
archipelago. (Note: This is the method sovereign people to its elected representatives,
prescribed under the UNCLOS) it is deemed subordinate to the original power
of the people. [Marmeto v. COMELEC, G.R.
R.A. No. 9522 amends R.A. No. 3046 (as No. 213953 (2017)].
amended by R.A. No. 5446). R.A. No. 3046
determined appropriate points of the outermost Tests for Valid Delegation
islands of the archipelago, then connected Rule: There is a valid delegation of legislative
them by means of a straight line until all islands power when it passes the following tests –
were surrounded or enclosed by the imaginary
lines. R.A. No. 5446 states that the definition of 1. Completeness Test
the baselines of the territorial sea of the The law sets forth the policy to be executed,
Philippine Archipelago is without prejudice to carried out, or implemented by the delegate
the delineation of the baselines of the territorial [Abakada Guro Partylist v. Purisima, supra],
sea around the territory of Sabah, situated in such that there is nothing left for the delegate
North Borneo, over which the Republic of the to do but to enforce the law [Pelaez v. Auditor
Philippines has acquired dominion and General, G.R. No. L-23825 (1965)]; and
sovereignty.
2. Sufficient Standard Test
The standard defines legislative policy, marks
its limits, maps out its boundaries and specifies
the public agency to apply it. It indicates the
circumstances under which the legislative
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command is to be effected [Edu v. Ericta, G.R. which shall be expressed in the title [Section
No. L-32096 (1970)]. 26(1), Article VI, 1987 Constitution].
Note: Acts which are purely legislative in 2. The title is not required to be an index of
character (e.g., making of laws) cannot be the contents of the bill. It is sufficient
delegated to an administrative body (in compliance if the title expresses:
contrast to the ascertainment of facts or the (a) the general subject; and
filing of details which can be delegated to (b) all the provisions of the statute are
administrative agencies). germane to that subject [Tio v. Videogram
Regulatory Commission, G.R. No. L-
2. Plenary Character 75697 (1987)].
The grant of legislative power to Congress is 3. No bill passed by either house shall become
broad, general, and comprehensive. The law unless it has passed three (3) readings on
legislative body possesses plenary power for separate days [Section 26(2), Article VI, 1987
all purposes of civil government. Any power, Constitution].
deemed to be legislative by usage and
tradition, is necessarily possessed by 4. Printed copies in its final form must have
Congress, unless the Constitution has lodged been distributed.
it somewhere.
Exception: When the President certifies the
Except as limited by the Constitution, either necessity of its immediate enactment to meet
expressly or impliedly, legislative power a public calamity or emergency.
embraces all subjects and extends to all
matters of general concern or common interest Presidential certification dispenses with (1) the
[Kida v. Senate of the Philippines, G.R. No. printing requirement; and (2) the requirement
196271 (2011)]. for readings on separate days [Kida v. Senate,
G.R. No. 196271 (2011), citing Tolentino v.
3. Limitations Secretary of Finance, supra].
4. Exceptions to Non-Delegability
SECTION 26 (2), ARTICLE VI. No bill passed by
either House shall become a law unless it has
passed three readings on separate days, and a. Principle
printed copies thereof in its final form have been Delegata potestas non potest delegari –
distributed to its Members three days before its What has been delegated cannot be further
passage, except when the President certifies to delegated.
the necessity of its immediate enactment to meet
a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be b. Rationale
allowed and the vote thereon shall be taken Since the powers of the government have
immediately thereafter, and the yeas and nays been delegated to them by the people, who
entered in the journal. possess original sovereignty, these powers
cannot be further delegated by the different
Substantive Limitations government departments to some other
Circumscribe both the exercise of the power branch or instrumentality of the government.
itself and the allowable subject of legislation
(i.e., non-delegation). c. General Rule; Exceptions
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a. R.A. No. 6735 of the LGUs may approve, amend, or
An Act Providing for a System of Initiative and reject any ordinance enacted by the
Referendum and Appropriating Funds Sanggunian [LGC, Sec. 26].
Therefor
h. Is the power to hold a referendum
This is valid for (a) laws, (b) ordinances, and plenary? – NO
(c) resolutions, but not amendments to the
Constitution [Defensor-Santiago, supra]. Limitations:
1. No petition embracing more than one
b. Local Initiative; Voter Requirements subject shall be submitted to the
electorate; and
2. Statutes involving emergency
Region Not less than x
measures, the enactment of which is
registered voters
specifically vested in Congress by the
Autonomous 2000 Constitution, cannot be subject to
regions referendum until 90 days after their
effectivity [Section 10, R.A. No. 6735].
Provinces 1000
B. House of Congress;
Municipalities 100 Compositions and
Qualifications
Barangays 50
Senate House of
Represent
c. Where to File atives
Regional Assembly or local legislative body,
Provision Sections 2- Sections 5-8,
as the case may be [Section 13, R.A. No. Article VI
14, Article VI
6735].
Referendum a. District
Representativ
This refers to the power of the electorate to
es;
approve or reject legislation through an
election called for that purpose [Section 3(c),
b. Party-List
R.A. No. 6735].
Representativ
es
e. Classes of Referendum
1. Referendum on Statutes: Petition to Qualificati a. Natural- a. Natural-
approve or reject an act or law, or part on born citizen born citizen
thereof, passed by Congress; b. At least b. At least 25
2. Referendum on Local Laws: Legal 35 years old years old on
process whereby the registered voters
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Note: Citizenship must be Filipino at the time a. Each city with a population of at least
of assumption of office [Frivaldo v. COMELEC, 250,000 shall have at least 1
G.R. No. 120295 (1996)]. representative.
b. Each province, irrespective of the
1. Senate number of inhabitants, shall have at
The Senate of each Congress acts separately least 1 representative.
and independently of the Senate of the
Congress before it. Due to the termination of There is no fixed 250,000:1 ratio. 250,000 is
the business of the Senate during the simply the “minimum population requirement”
expiration of one (1) Congress, all pending and a city with 450,000 may have two (2)
matters and proceedings, such as unpassed congressional districts. [Mariano v. COMELEC,
bills and even legislative investigations, of the G.R. No. 118577 (1995)].
Senate are considered terminated upon the
expiration of that Congress and it is merely iii. Each legislative district shall comprise,
optional on the Senate of the succeeding as far as practicable, contiguous, compact,
Congress to take up such unfinished matters, and adjacent territory (Anti-gerrymandering
not in the same status, but as if presented for provision).
the first time [Balag v. Senate of the
Philippines, G.R. 234608 (2018)]. iv. Re-apportionment by Congress within
3 years after the return of each census.
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Note: “Apportionment” refers to the i. A party that participates in the
determination of the number of representatives legislative district elections
which a State, county, or other subdivision may may still participate in the party-
send to a legislative body, while list through a sectoral wing.
“reapportionment” refers to the realignment or ii. The sectoral wing can be part
change in legislative districts brought about by of the political party’s coalition,
changes in population and mandated by the
but the former must be
constitutional requirement of equality of
registered independently in the
representation [Bagabuyo v. COMELEC,
supra]. party-list system.
v. Four parameters of the party-list system a. Allocating one (1) seat for every whole
integer (e.g., if a party garners 2.73% of the
1. 20% Allocation - 20% of the total number vote, assign it two (2) more seats; if 1.80%,
of the membership of the House of assign it one (1) more seat); then
Representatives is the maximum number of
seats available to party-list organizations. b. Allocating the remaining seats (i.e., total
seats minus Round 1 and Round 2a
2. 2% Threshold - Garnering 2% of the total allocations) to those next in rank until all seats
votes cast in the party-list elections guarantees are completely distributed.
a party-list organization one (1) seat.
Step 6: Apply the 3-Seat Cap, if necessary [see
3. Additional Seats - The additional seats, BANAT v. COMELEC, supra].
that is, the remaining seats after allocation of
the guaranteed seats, shall be distributed to vii. ARARO v. COMELEC, G.R. No. 192803,
the party-list organizations including those that December 10, 2013
received less than two percent of the total The Supreme Court further modified the
votes. This distribution will continue until all the formula used and interpreted in BANAT v.
seats have been filled. COMELEC. Thus, the formula to determine
the proportion garnered by the party-list
4. 3-Seat Cap - The three-seat cap is group would now henceforth be:
constitutional.
(Number of votes of party list)/(Total number of
Note: It is intended by the Legislature to valid votes for party-list candidates) =
prevent any party from dominating the party-
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Proportion or percentage of votes garnered by expiration of the terms of both houses
party-list who passed the law increasing said
salary. This means that even if the House of
viii. Formula for additional seats Representatives term has already expired but
(Total number of Party-list seats available) - the senate has not, the salary increase
(Number of seats allocated in the first round) cannot yet take effect even if the increase is
x (Proportion or Percentage of votes different for each house [PHILCONSA v.
garnered by the Party) = Additional seats Mathay, G.R. No. L-25554 (1966)].
awarded
This prohibition also applies to the benefits a
Under this modified formula, the divisor: member of Congress will attain upon
• Includes votes for party-lists with retirement. Thus, a member of Congress may
pending disqualification cases as of the not compute his retirement benefits based on
date of the election. the salary increase which he was not able to
• Excludes votes for party-lists that have reach because his term has already expired
been disqualified with finality before the before said increase took effect [Ligot v.
election, if such disqualification was Mathay, G.R. No. L-34676 (1974)].
reasonably made known to the public.
• Excludes spoiled or invalid ballots. b. Freedom From Arrest
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of a privileged class, without justification in terms of the 1973 Constitution, when a
reason; and (d) he was provided with an office governor-elect was elected to the Batasang
in the New Bilibid Prison. Pambansa and he could not hold both the
offices of governor and MP [Adaza v. Pacana,
c. Speech and Debate Clause G.R. No. L-68159 (1985)].
No Member shall be questioned nor be held Note: The office of the Philippine National Red
liable in any other place for any speech or Cross (PNRC) Chairman is not a government
debate in the Congress or in any committee office or an office in a government-owned or -
thereof [Section 11, Article VI, 1987 controlled corporation for purposes of the
Constitution]. prohibition in Section 13, Article VI [Liban v.
Gordon, G.R. No. 175352 (2009 & 2011)]; but
This means the Senator or Member of the note that the structure of the PNRC is sui
House can still be questioned and held liable in generis , being neither strictly private nor public
Congress. in nature.
To come under the guarantee, the speech or b. May not be appointed to any office
debate must be one made "in Congress or in created or whose emoluments were
any committee thereof." Publication of an increased during the term for which he
allegedly libelous letter is not covered by the was elected [Section 13, Article VI]
privilege [Jimenez v. Cabangbang, G.R. No. L-
15905 (1966)]. Forbidden Office — One to which a member
cannot be appointed even if he is willing to give
What is covered under this provision? up his seat in Congress. The effect of his
Anything a member of Congress says in line resignation from the Congress is the loss of his
with his legislative functions [Jimenez v. seat therein but his disqualification for the
Cabangbang, supra] forbidden office nevertheless remains.
a. Speeches
b. Utterances c. Shall not be financially interested,
c. Bills signed directly or indirectly, in any contract
d. Votes passed with, or franchise or special privilege
granted by the government during his
While the immunity of a Member of Congress term of office [Section 14, Article VI,
is absolute and thus even the Supreme Court
1987 Constitution]
cannot discipline a lawyer-senator for remarks
made against the court during a privilege
speech, it does not shield said member from d. Shall not intervene in any matter
the authority of Congress to discipline its own before any office of the government
members [Defensor-Santiago v. Pobre, A.C. when it is for his pecuniary benefit or
No. 7399 (2009)]. where he may be called upon to act on
account of his office [Section 14, Article
2. Inhibitions and Disqualifications VI, 1987 Constitution]
a. May not hold any office or The Pork Barrel System “runs afoul” of Section
employment in the government during 14, Article VI, because in “allowing legislators
his term without forfeiting his seat to intervene in the various phases of project
implementation – a matter before another
[Section 3, Article VI]
office of government – [Pork Barrel] renders
them susceptible to taking undue advantage of
Incompatible Office — The forfeiture of the
their own office” [Belgica v. Ochoa, supra].
seat in Congress shall be automatic upon a
member’s assumption of such office deemed
incompatible, e.g., under the non-synchronized
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e. Shall not intervene in any matter b. Financial and Business Interests;
before any office of the government Political Conflicts of Interest
when it is for his pecuniary benefit or
where he may be called upon to act on SECTION 12, ARTICLE VI. All Members of the
account of his office [Section 14, Article Senate and the House of Representatives shall,
VI, 1987 Constitution] upon assumption of office, make a full disclosure
of their financial and business interests. xxx
This prohibition is absolute. Thus, when an
assemblyman acting as counsel for one group
c. Amounts Paid To/Expenses Incurred
in an internal dispute in a company was denied
leave to intervene, the court held that his by Each Member
action of buying 10 stocks in order to be able
to intervene in the company’s dispute as a SECTION 20, ARTICLE VI. The records and
stockholder was an indirect violation of this books of accounts of the Congress shall be
rule and still unconstitutional [Puyat v. De preserved and be open to the public in
Guzman Jr., G.R. No. L-51122 (1982)]. accordance with law, and such books shall be
audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid
3. Duty to Disclose to and expenses incurred for each Member.
Senate shall elect its Majority Separately; All Section 16(1), Article VI
President and the Speaker respective members
of the House
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Declaring a State of War ⅔ of both houses (in joint Section 23(1), Article VI
session) voting separately
E. Discipline of Members
Other measures (not necessarily requiring
Each House may determine the rules of its 2/3, and depending on voting thresholds
proceedings, punish its Members for determined by the respective houses):
disorderly behavior, and, with the concurrence ● Deletion of unparliamentary remarks
of two-thirds of all its Members, suspend or from the record
expel a Member. A penalty of suspension, ● Fine
when imposed, shall not exceed sixty days ● Imprisonment
[Section 16(3), Article VI, 1987 Constitution]. ● Censure
Each house may punish its members for The suspension contemplated in the
disorderly behavior, and with the concurrence Constitution is different from the suspension
of 2/3 of ALL its members, with: (SED-FIC) prescribed in the Anti-Graft and Corrupt
● Suspension Practices Act (R.A. No. 3019). The former is
● Expulsion punitive in nature while the latter is preventive
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[Defensor-Santiago v. Sandiganbayan, G.R. One Subject One Title Rule
No. 118364 (1995)]. 1. To prevent hodge-podge, "log-rolling", or
the smuggling in of "riders," that is, "any act
The determination of Congress when it comes containing several subjects dealing with
to disciplining its members is respected by the unrelated matters representing diverse
court. As such, the Supreme Court does not interests.
have the power to compel congress to 2. To prevent surprise or fraud upon the
reinstate a member who has been expelled by legislature.
it [Alejandrino v. Quezon, G.R. No. 22041
(1924)]. 3. To fairly apprise the people of the subjects
of legislation that are being considered in
The immunity for speech given to a member of order that they may have the opportunity of
Congress is not a bar to the power of Congress being heard thereon, by petition or otherwise,
to discipline its members [Osmeña v. if they should so desire.
Pendatun, G.R. No. L-17144 (1960)].
4. But the title need not be a complete
F. Process of Law-Making catalogue of a bill. In any case, a title must
not be "so uncertain that the average person
1. Function of the Bicameral reading it would not be informed of the
purpose of the enactment.”
Conference Committee
5. When there is conflict, the title of the bill is
A Conference Committee is constituted and is
controlling over any contradictory provision
composed of Members from each House of
on a law whose titles says “regulating” but has
Congress to settle, reconcile or thresh out
a provision which says “prohibiting” [Dela
differences or disagreements on any provision
Cruz v. Paras, G.R. No. L-42571-72 (1983)].
of the bill.
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specifically to some particular appropriation reconsider it. If, after such reconsideration, two-
therein. Any such provision or enactment shall be thirds of all the Members of such House shall
limited in its operation to the appropriation to agree to pass the bill, it shall be sent, together with
which it relates. the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-
(3) The procedure in approving appropriations for thirds of all the Members of that House, it shall
the Congress shall strictly follow the procedure for become a law. In all such cases, the votes of each
approving appropriations for other departments House shall be determined by yeas or nays, and
and agencies. the names of the Members voting for or against
shall be entered in its Journal. The President shall
(4) A special appropriations bill shall specify communicate his veto of any bill to the House
the purpose for which it is intended, and shall be where it originated within thirty days after the date
supported by funds actually available as certified of receipt thereof; otherwise, it shall become a law
by the National Treasurer, or to be raised by a as if he had signed it.
corresponding revenue proposed therein.
(5) No law shall be passed authorizing any Generally, there are 3 ways for the bill to
transfer of appropriations; however, the become a law:
President, the President of the Senate, the a. By signature: When it is approved by
Speaker of the House of Representatives, the
the President;
Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by b. By lapse of time: Upon failure of the
law, be authorized to augment any item in the President to veto the bill and to return
general appropriations law for their respective it with his objections, to the House
offices from savings in other items of their where it originated, within 30 days after
respective appropriations. the date of receipt; or
c. By congressional override: When the
(6) Discretionary funds appropriated for particular
officials shall be disbursed only for public vote of the President is overridden by
purposes to be supported by appropriate a two-thirds vote of all the members of
vouchers and subject to such guidelines as may both houses.
be prescribed by law.
House Rules
(7) If, by the end of any fiscal year, the Congress
shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the 1. Preparation of the bill
general appropriations law for the preceding fiscal
year shall be deemed reenacted and shall remain The Member or the Bill Drafting Division of the
in force and effect until the general appropriations Reference and Research Bureau prepares
bill is passed by the Congress. and drafts the bill upon the Member's request.
SECTION 29(1), ARTICLE VI. No money shall be
paid out of the Treasury except in pursuance of 2. First reading
an appropriation made by law.
The bill is filed with the Bills and Index Service
and the same is numbered and reproduced.
3. Limitations on Legislative Power
(See Nature of Legislative Power; Limitations, Three days after its filing, the same is
supra). included in the Order of Business for First
Reading.
4. Procedure for Passage of Bills
On First Reading, the Secretary General
reads the title and number of the bill. The
SECTION 27(1), ARTICLE VI. Every bill passed Speaker refers the bill to the appropriate
by the Congress shall, before it becomes a law,
Committee/s.
be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it
and return the same with his objections to the
House where it originated, which shall enter the
objections at large in its Journal and proceed to
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3. Committee consideration / action same are distributed to all the Members three
days before its Third Reading.
The Committee where the bill was referred to
evaluates it to determine the necessity of On Third Reading, the Secretary General
conducting public hearings. If the Committee reads only the number and title of the bill.
finds it necessary to conduct public hearings, A roll call or nominal voting is called and a
it schedules the time thereof, issues public Member, if he desires, is given three minutes
notice and invites resource persons. If the to explain his vote. No amendment on the bill
Committee finds that no public hearing is is allowed at this stage.
needed, it schedules the bill for Committee The bill is approved by an affirmative vote of a
discussion/s. majority of the Members present.
If the bill is disapproved, the same is
Based on the result of the public hearings or transmitted to the Archives.
Committee discussions, the Committee may
introduce amendments, consolidate bills on 6. Transmittal of the approved bill to the
the same subject matter, or propose a Senate
substitute bill. It then prepares the
corresponding committee report. The approved bill is transmitted to the Senate
for its concurrence.
The Committee approves the Committee
Report and formally transmits the same to the 7. Senate action on approved bill of the
Plenary Affairs Bureau. House
The Committee on Rules schedules the bill 9. Transmittal of the bill to the President
for consideration on Second Reading.
Copies of the bill, signed by the Senate
On Second Reading, the Secretary General President and the Speaker of the House of
reads the number, title and text of the bill and Representatives and certified by both the
the following takes place: Secretary of the Senate and the Secretary
● Period of Sponsorship and Debate General of the House, are transmitted to the
● Period of Amendments President.
● Voting which may be done by:
○ Viva voce; 10. Presidential action on the bill
○ Count by tellers;
○ Division of the House; or If the bill is approved by the President, the
○ Nominal voting. same is assigned an RA number and
transmitted to the House where it originated.
5. Third reading
If the bill is vetoed, the same, together with a
The amendments, if any, are engrossed and message citing the reason for the veto, is
printed copies of the bill are reproduced for transmitted to the House where the bill
Third Reading. originated.
The engrossed bill is included in the Calendar 11. Action on approved bill
of Bills for Third Reading and copies of the
The bill is reproduced and copies are sent to
the Official Gazette Office for publication and
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distribution to the implementing agencies. It is origin, indicating his objections thereto in what
then included in the annual compilation of is commonly known as a veto message so that
Acts and Resolutions. the same may be studied by the members for
possible overriding of his veto.
12. Action on vetoed bill General Rule: The President must approve a
bill in its entirety or disapprove it in toto.
The message is included in the Order of
Business. If the Congress decides to override Exception: Item Veto. In appropriation,
the veto, the House and the Senate shall revenue and tariff bills, any particular item or
proceed separately to reconsider the bill or items of which may be disapproved without
the vetoed items of the bill. If the bill or its affecting the item or items to which he does not
vetoed items is passed by a vote of two-thirds object.
of the Members of each House, such bill or
items shall become a law. However, the condition in an expenditure bill
“cannot be vetoed separately from the items to
A joint resolution is NOT a bill, and its which they relate so long as they are
passage does not enact the joint resolution “appropriate” in the budgetary sense”
into a law even if it follows the requirements [PHILCONSA v. Enriquez, G.R. No. 113105
expressly prescribed in the Constitution for (1994)].
enacting a bill into law. However, a joint
resolution can be part of the Congressional Override: To override the
implementation of a law as provided in the President’s veto, at least ⅔ of ALL members
law itself. A joint resolution can also be of each house must agree to pass the bill. In
such case, the veto is overridden and the bill
treated as a recommendation to the
becomes law without need of presidential
Executive on how the law can be
approval.
implemented. Further, neither the Rules of
the Senate nor the Rules of the House of
6. Doctrine of Inappropriate Provision
Representatives can amend the
Constitution which recognizes only a bill
A provision that is constitutionally inappropriate
can become law [Ang Nars Party-List v. for an appropriation bill may be singled out for
Executive Secretary, G.R. No. 215746 veto even if it is not an appropriation or revenue
(2019)]. item.
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(9) Fiscal autonomy shall be enjoyed by the The mere filing of a criminal or an
Judiciary, Constitutional Commissions, Office of the administrative complaint before a court or
Ombudsman, Local Government and Commission quasi-judicial body should not automatically
on Human Rights. bar the conduct of a legislative inquiry
[Standard Chartered Bank v. Senate
Committee on Banks, G.R. No. 167173,
H. Legislative Inquiries and (2007)].
Oversight Functions
The requirement of securing prior consent of
1. Requisites of Legislative Inquiries the President prior to appearing before either
a. Must be in aid of legislation; House of Congress applies only to Cabinet
b. Is in accordance with duly published Members and not to other public officials and
rules of procedure; only when either House of Congress conducts
c. Right of persons appearing in or a Question Hour and not in cases of inquiries
affected by such inquiries shall be in aid of legislation as the latter should be
respected [Bengson v. Senate Blue untrammeled because it is co-extensive with
Ribbon Committee, G.R. No. 89914 the power to legislate [Senate of the
(1991)] Philippines v. Ermita, G.R. No. 169777 (2006)].
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in-chief are the cornerstones of a professional involves military or diplomatic secrets, closed-
military in the firm cusp of civilian control. door Cabinet meetings, etc.
In the same case, the Supreme Court also A claim of privilege, being a claim of exemption
ruled that any chamber of Congress which from an obligation to disclose information must
seeks the appearance before it of a military be clearly asserted. Congress has the right to
officer against the consent of the President has know why the executive considers the
adequate remedies under the law to compel requested information privileged. It does not
such attendance. suffice to merely declare that the President, or
an authorized head of office, has determined
Final judicial orders have the force of the law of that it is so.
the land which the President has the duty to
faithfully execute. If the President and Congress cannot agree on
whether the matter is privileged or not, then the
If the courts so rule, the duty falls on the Court must come in to determine the validity of
shoulder of the President, as Commander-in- the claim of privilege [Senate of the Philippines
Chief, to authorize the appearance of military v. Ermita, supra].
officials before Congress ruling and upheld the
President’s constitutional powers. 4. Elements of Presidential
Communications Privilege
3. Additional Limitation: Executive
Privilege In Neri v. Senate Committees [G.R. No.
180643 (2008)], the Court ruled that the claim
Executive privilege is the right of the President of executive privilege was properly invoked
and high level officials authorized by her to by Secretary Neri, specifically under what is
withhold information from Congress, from the called “presidential communication privilege.”
courts, and ultimately from the public. The elements of presidential communications
privilege are:
Among the types of information which have a. The protected communication must
been judicially recognized as privileged are relate to a “quintessential and non-
state secrets regarding military, diplomatic and delegable presidential power.”
other national security matters. Certain
information in the possession of the executive b. The communication must be
may validly be claimed as privileged even authored or “solicited and received”
against Congress, such as Presidential by a close advisor of the President or
conversations, correspondences, or by the President himself. The judicial
discussions during closed-door Cabinet test is that an advisor must be in
meetings [Chavez v. PEA, G.R. No. 133250 “operational proximity” with the
(2003)]. President.
Who may invoke: Only the President can c. The presidential communications
invoke it. She may also authorize the privilege remains a qualified privilege
Executive Secretary to invoke the privilege on that may be overcome by a showing
her behalf, in which case, the Executive of adequate need, such that
Secretary must state that the Act is “By order information sought “likely contains
of the President,” which means that he important evidence” and by the
personally consulted with the President on unavailability of the information
such matters of concern [Senate of the elsewhere by an appropriate
Philippines v. Ermita, supra]. investigating authority.
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5. Contempt Power a. Scrutiny
As long as there is legitimate inquiry, then the Passive inquiry, the primary purpose of which
inherent power of contempt by the Senate may is to determine economy and efficiency of the
be properly exercised. Conversely, once the operation of government activities.
legislative inquiry concludes, the exercise of
the inherent power of contempt ceases and In the exercise of legislative scrutiny,
there is no more genuine necessity to penalize Congress may request information and report
the detained witness [Balag v. Senate of the from the other branches of government. It can
Philippines, G.R. No. 234608 (2018)]. give recommendations or pass resolutions for
consideration of the agency involved.
As the Senate is not a continuing body, all
inquiries automatically end once the Senate Legislative scrutiny is based primarily on the
adjourns sine die (i.e., at the end of the Third power of appropriation of Congress. Under the
Session of each Congress). The imprisonment Constitution, the "power of the purse" belongs
for contempt automatically terminates on such to Congress.
date as well. [Balag, supra]
Legislative scrutiny does not end in budget
6. Contempt of Congressional hearings. Congress can ask the heads of
Oversight departments to appear before and be heard by
Broadly defined, the power of oversight either House of Congress on any matter
embraces all activities undertaken by pertaining to their departments, pursuant to
Congress to enhance its understanding of and Section 22, Article VI of the 1987 Constitution.
influence over the implementation of legislation
it has enacted. b. Congressional Investigation
The acts done by Congress purportedly in the Note: Legislative supervision is NOT allowed
exercise of its oversight powers may be divided under the Constitution [Abakada Guro Partylist
into 3categories, namely: scrutiny, v. Purisima, supra; See also discussion under
investigation and supervision. Checks and Balances, supra].
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Congressmen) the stringent standards it asks
I. Power of Impeachment of justices and judges when it comes to
inhibition from hearing cases.
The House of Representatives shall have the
exclusive power to initiate all cases of
Constitutional requirement that HOR shall
impeachment [Section 3(1), Article XI, 1987
promulgate its rules on impeachment [Sec.
Constitution].
3(8), Art. XI, 1987 Constitution] is different from
the publication requirement in Tañada v.
1. Initiation: Regular Procedure Tuvera, supra. When the Constitution provides
[Section 3(2) & (3), Article XI, 1987 for promulgation of the HOR Rules on
Constitution] Impeachment, posting via any medium or even
provisional adoption of references to the rules
FILING by (a) any member of the HOR or (b) any
of the previous Congress may suffice.
citizen upon endorsement by a member of the HOR; [Gutierrez v. House of Representatives, supra]
followed by REFERRAL to the proper HOR
Committee (i.e., HOR Committee on Justice). Contrast Rules on Legislative Inquiries, which
must be published under Art. VI, Sec. 21
!
3. Trial
COMMITTEE REPORT by proper committee, which
either favorably or unfavorably resolves the The Senate shall have the sole power to try
complaint. and decide all cases of impeachment [Section
3(6), Article XI, 1987 Constitution].
!
By virtue of the expanded judicial review
Above resolution is AFFIRMED if favorable or
[Section 1(2), Article VIII, 1987 Constitution],
OVERRIDDEN if unfavorable, by vote of ⅓ of ALL
the members of the HOR. the Court’s power of judicial review extends
over justiciable issues arising in impeachment
proceedings [Francisco v. House of
Verified complaint or resolution [Section 3(4), Representatives, supra]. But the question of
Article XI, 1987 Constitution] FILED by 1/3 of whether or not Senate Impeachment Rules
all the members of the HOR; trial by Senate were followed is a political question [Corona v.
forthwith proceeds. Senate, G.R. No. 200242 (2012)].
Initiation means filing coupled with referral to 60 days: The Committee, after hearing, and by
the Committee on Justice. a majority vote of all its Members, shall submit
its report to the House within sixty session
The Court cannot make a determination of days from such referral;
what constitutes an impeachable offense; it is
a purely political question [Francisco v. 10 days: The resolution shall be calendared
House of Representatives, G.R. No. for consideration by the House within ten
160261(2003)]. session days from receipt thereof.
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cannot be sued while holding such office. [De
Cause of Action Accrues
Lima v. Duterte, G.R. No. 227635 (2019)]
suit is one
a. May be invoked only by the President against the
Immunity from suit pertains to the President by state (cf.
virtue of the office and may be invoked only by state
the holder of the office; not by any other person immunity)
on the President's behalf. The President may
waive the protection afforded by the privilege Unoffical Suit may not Suit cannot
and submit to the court's jurisdiction [Soliven v. Act (or acts be filed be filed
Makasiar, G.R. No. 82585 (1988); Beltran v. beyond during during tenure
Makasiar, G.R. No. 82827(1988)]. authority) tenure.
Suit may be
But presidential decisions may be questioned filed after
before the courts where there is grave abuse of tenure ends.
discretion or that the President acted without or
in excess of jurisdiction [Gloria v. CA, G.R. No.
119903 (2000)]. C. Concept of Executive
Privilege
b. Limitations
Immunity is coextensive with tenure. After Executive privilege is not a personal privilege,
tenure, the Chief Executive cannot invoke but one that adheres to the Office of the
immunity from suit for civil damages arising out President. It exists to protect public interest, not
of acts done by him while he was President to benefit a particular public official. Its
which were not performed in the exercise of purpose, among others, is to assure that the
official duties [Estrada v. Desierto, G.R. Nos. nation will receive the benefit of candid,
146710-15 (2001)]. objective and untrammeled communication
and exchange of information between the
This presidential privilege of immunity cannot President and his/her advisers in the process
be invoked by a non-sitting president even for of shaping or forming policies and arriving at
acts committed during his or her tenure [Saez decisions in the exercise of the functions of the
v. Macapagal-Arroyo, G.R. No. 183533 Presidency under the Constitution. The
(2012)]. confidentiality of the President’s conversations
and correspondence is not unique. It is akin to
Cause of Action Accrues the confidentiality of judicial deliberations. It
possesses the same value as the right to
Act Before During privacy of all citizens and more, because it is
complained: Presidential Presidential dictated by public interest and the
Tenure Tenure constitutionally ordained separation of
(e.g., governmental powers. [Neri v. Senate, G.R.
preexisting No. 180643, (2008)]
civil claims,
or for facts in 1. Types
prior office)
a. Presidential Communications Privilege
Official Act Suit may not Suit cannot (President): communications are
be filed be filed presumptively privileged; the president
during tenure during must be given freedom to explore
tenure. alternatives in policy-making.
b. Deliberative Process Privilege
Suit cannot (Executive Officials): refer to materials
be filed even that comprise part of a process by which
after tenure if governmental decisions and policies are
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formulated. This includes diplomatic The diplomatic negotiations privilege seeks,
processes [Akbayan v. Aquino, G.R. No. through the same means, to protect the
170516 (2008)]. independence in decision-making of the
President, particularly in its capacity as “the
Varieties sole organ of the nation in its external relations,
While there certainly are privileges grounded and its sole representative with foreign
on the necessity of safeguarding national nations.” And, as with the deliberative process
security such as those involving military privilege, the privilege accorded to diplomatic
secrets, not all are founded thereon. One negotiations arises, not on account of the
example is the informer’s privilege, or the content of the information per se, but because
privilege of the Government not to disclose the the information is part of a process of
identity of a person or persons who furnish deliberation which, in pursuit of the public
information of violations of law to officers interest, must be presumed confidential.
charged with the enforcement of that law. [Akbayan v. Aquino, supra]
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● First written declaration by majority of the If the Congress, within 10 days after receipt of
Cabinet; the last written declaration, or, if not in session,
● Determination by Congress by 2/3 vote of within 12 days after it is required to assemble,
all members, voting separately, acting on determines by a 2/3 vote of both Houses,
the second written declaration by majority voting separately, that the President is unable
of the Cabinet. to discharge the powers and duties of his office,
the Vice-President shall act as the President;
In all these cases, the Vice-President assumes otherwise, the President shall continue
the powers and duties of the office as Acting exercising the powers and duties of his office.
President.
3. Constitutional Duty of Congress in Case
2. Section 11, Article VII of Double Vacancy in the Offices of the
a. Voluntary written declaration of the President and the Vice- President
President
1987 Constitution
Whenever the President transmits to the
President of the Senate and the Speaker of the Section 10, Article VII. The Congress shall, at
House of Representatives his written 10AM of the 3rd day after the vacancy in the offices
declaration that he is unable to discharge the of the President and Vice-President occurs:
1. Convene in accordance with its rules without
powers and duties of his office.
need of a call; and
2. Within seven days, enact a law calling for a
b. First written declaration by majority of the special election to elect a President and a Vice-
Cabinet President to be held not earlier than forty-five
days nor later than sixty days from the time of
Whenever a majority of all the Members of the such call.
Cabinet transmit to the President of the Senate
The bill calling such special election shall be
and to the Speaker of the House of deemed certified under paragraph 2, Section 26,
Representatives their written declaration that Article VI of this Constitution and shall become law
the President is unable to discharge the upon its approval on third reading by the Congress.
powers and duties of his office. Appropriations for the special election shall be
charged against any current appropriations and shall
be exempt from the requirements of paragraph 4,
c. Determination by Congress by 2/3 vote of all
Section 25, Article VI of this Constitution. The
members, voting separately, acting on the convening of the Congress cannot be suspended
second written declaration by majority of the nor the special election postponed. No special
Cabinet election shall be called if the vacancy occurs within
eighteen months before the date of the next
Thereafter, when the President transmits to the presidential election.
President of the Senate and to the Speaker of
the House of Representatives his written 4. Vacancy timetable
declaration that no inability exists, he shall a. 0 days – Vacancy occurs
reassume the powers and duties of his office. b. 3 days – Congress convenes
Meanwhile, should a majority of all the c. 10 days – Law providing for special
Members of the Cabinet transmit within five elections should be enacted
days to the President of the Senate and to the d. 55–70 days – Elections should be held
Speaker of the House of Representatives their within this period
written declaration that the President is unable e. 85–100 days – Canvassing by
to discharge the powers and duties of his office, Congress should be done within this
the Congress shall decide the issue. For that period
purpose, the Congress shall convene, if it is not
in session, within 48 hours, in accordance with
its rules and without need of call.
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d. Vacancy in the Office of the Vice- 5. Prohibitions on the Executive
President Department
The following prohibitions apply to:
1987 Constitution a. President;
b. Vice-President;
SECTION 9, ARTICLE VII. Whenever there is a c. The members of the Cabinet, and their
vacancy in the Office of the Vice-President during deputies or assistants.
the term for which he was elected, the President
shall nominate a Vice-President from among the
Members of the Senate and the House of 6. Multiple Offices and Double
Representatives who shall assume office upon Compensation
confirmation by a majority vote of all the Members of a. Shall not receive any other emoluments
both Houses of the Congress, voting separately. from the government or any other source
[For President and Vice-President,
E. Other Privileges, Inhibitions, Section 6, Article VII, 1987 Constitution].
b. Unless otherwise provided in the
and Disqualifications Constitution, shall not hold any other office
or employment [Section 13, Article VII,
1. Official residence 1987 Constitution].
The president shall have an official residence
[Section 6, Article VII, 1987 Constitution]. Exceptions
i. Constitutional Exceptions
2. Salary ii. Ex-Officio Exception: The prohibition
This shall be determined by law. It shall not be does not include posts occupied by
decreased during tenure. No increase shall executive officials without additional
take effect until after the expiration of the term compensation in an ex officio capacity,
of the incumbent during which such increase as provided by law and as required by
was approved [Section 6, Article VII, 1987 the primary functions of the said official’s
Constitution]. office [National Amnesty Commission v.
COA, G.R. No. 156982 (2004)].
3. Presidential Privilege iii. The Vice-President being appointed as a
member of the cabinet.
Note: Case law uses the term presidential iv. The Secretary of Justice sitting as ex
privilege to refer to either (a) immunity from suit officio member of the Judicial and Bar
(i.e., immunity from judicial processes, see Neri Council [Section 8(1), Article VIII, 1987
v. Senate, infra, and Saez v. Macapagal- Constitution; Civil Liberties Union v.
Arroyo, supra); or (b) executive privilege Executive Secretary, supra].
[Akbayan v. Aquino, infra], both discussed
above. c. Shall not directly or indirectly:
1. Practice any other profession;
2. Participate in any business; or
4. The Vice President
3. Be financially interested in any contract
Qualifications, election and term of office and
with, or in any franchise or special
removal are the same as the President, except
privilege granted by the government or
that no Vice-President shall serve for more
any subdivision, agency, or
than 2 successive terms.
instrumentality thereof, including
government-owned or -controlled
The Vice-President may be appointed as a
corporations or their subsidiaries
member of the Cabinet; such requires no
[Section 14, Article VII, 1987
confirmation by the Commission of
Constitution].
Appointments.
d. Strictly avoid conflict of interest in the
conduct of their office [Section 13, Article
VII, 1987 Constitution].
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e. May not appoint (a) spouse; or (b) requires no confirmation [Section 3, Article VII,
relatives by consanguinity or affinity within 1987 Constitution].
the fourth civil degree as members of
Constitutional Commissions, or the Office Cabinet
of the Ombudsman, or as Secretaries, The Constitution allows a Cabinet member to
Undersecretaries, chairmen or heads of hold another office provided:
bureaus or offices, including government
owned or controlled corporation and their i. It is in an ex-officio capacity and without
subsidiaries. additional compensation;
ii. Such is necessitated by the primary
a. President’s spouse and relatives functions of his position (e.g., Secretary of
President's spouse and relatives by Trade and Industry as Chairman of NDC;
consanguinity or affinity within the fourth civil Secretary of Agrarian Reform as Chairman
degree cannot be appointed during his tenure of the Land Bank); and
as: (COSUCH) iii. Such is provided by law [Civil Liberties
Union v. Executive Secretary, supra].
a. Members of the Constitutional
Commissions F. Powers of the President
b. The Office of the Ombudsman
c. Secretaries, Undersecretaries, Chairmen 1. Executive and Administrative
or Heads of bureaus or offices (including
Powers
GOCCs and subsidiaries)
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The Philippine National Police (PNP) [Section For lower courts, appointments shall be
6, Article XVI, 1987 Constitution] is separate issued within 90 days from submission
and distinct from the Armed Forces of the of the list.
Philippines (AFP) [Section 4, Article XVI, 1987
Constitution]. The police force is different from ii. Ombudsman and his 5 deputies (for
and independent of the armed forces and that Luzon, Visayas, Mindanao, general
the ranks in the military are not similar to those and military) [Section 9, Article XI, 1987
in the PNP. Thus, directors and chief Constitution].
superintendents of the PNO do not fall under
the first category of presidential appointees 8. Clustering of JBC Nominations
requiring confirmation by the COA [Manalo v.
Sistoza, G.R. No. 107369 (1999)]. Clustering: A previous JBC practice where,
when there are multiple vacancies in a court
Note: Re: “Congress may by law vest in the (e.g., Associate Justice A, B, and C in the
appointment of other officers lower in rank in Sandiganbayan), candidates (e.g., Candidates
the President alone.” 1 to 9) who meet the criteria for the position are
● The inclusion of the word “alone” was an nominated by the JBC only for specific
oversight. The Constitution should read: vacancies (e.g., Candidates 1-3 for Associate
“The Congress may, by law, vest the Justice A, Candidates 4-6 for AssociateJustice
appointment of other officers lower in rank B, and Candidates 7-9 for Associate Justice C).
in the President” [Sarmiento v. Mison,
supra] In Aguinaldo v. Aquino, G.R. No. 224302
(2017), the Court ruled that clustering impinged
6. Other cases where confirmation is not upon the President’s appointment power in
required: appointing the Associate Justices in the
i. When Congress creates inferior Sandiganbayan.
officers but omits to provide for
appointment thereto, or provides in an The President’s option for every vacancy was
unconstitutional manner for such limited to the 5 to 7 nominees in each cluster.
appointments – power to appoint is Once the President chose an appointee from
vested upon the President by default, one cluster, he was proscribed from
but this will not require confirmation; considering other nominees in the same cluster
ii. Appointment of the Vice-President as for the other vacancies. All the nominees
member of the Cabinet [Section 3, applied for and were qualified for appointment
Article VII, 1987 Constitution]; to any of the vacant Associate Justice positions
iii. Appointments upon recommendation in the Sandiganbayan, however, the JBC did
of the Judicial Bar Council; not explain why one nominee should be
iv. Appointments solely by the President. considered for appointment to the position
assigned to one specific cluster only.
7. Appointments upon nomination of the
Judicial and Bar Council (does not The nominees' chance for appointment was
require confirmation by the restricted to the consideration of the one
Commission on Appointments) cluster in which they were included, even
i. Members of the Supreme Court and all though they applied for and were qualified for
other courts [Section 9, Article VIII, all vacancies.
1987 Constitution].
9. Steps in the appointing process (for
Note: The appointment must be made appointees requiring confirmation):
90 days from when the vacancy occurs
[Section 4(1), Article VIII, 1987
Nomination by the President
Constitution]
!
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appointment cannot have the effect of recalling
Confirmation by the Commission on
or setting aside said appointment. The
Appointments
Constitution is clear — there must be a
! rejection by the Commission on Appointments
or non-action on its part for the confirmation to
Issuance of the Commission be recalled.
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orders, or local ordinance) as he only exercises
Office of the Office of the
general supervision over LGUs, not control
President Proper President
Pursuant to her ordinance power, the President During the suspension of the privilege of the writ, any
may declare the existence of a state of national person thus arrested or detained shall be judicially
emergency without Congressional enactment charged within three days, otherwise he shall be
released.
however the exercise of emergency powers
requires a delegation from Congress which is
the repository of emergency powers. The President is the commander-in-chief of all
armed forces of the Philippines. The ability of
5. Commander-In-Chief Powers the President to require a military official to
secure prior consent before appearing before
1987 Constitution
Congress pertains to a wholly different and
independent species of presidential authority
Section 18, Article VII. The President shall be the — the commander-in-chief powers of the
Commander-in-Chief of all armed forces of the President. By tradition and jurisprudence, the
Philippines and whenever it becomes necessary, he commander-in-chief powers of the President
may call out such armed forces to prevent or are not encumbered by the same degree of
suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety
restriction as that which may attach to
requires it, he may, for a period not exceeding sixty executive privilege or executive control
days, suspend the privilege of the writ of habeas [Gudani v. Senga, G.R. No. 170165 (2006)].
corpus or place the Philippines or any part thereof
under martial law. Within forty-eight hours from the Graduated Powers (From most to least
proclamation of martial law or the suspension of the benign)
privilege of the writ of habeas corpus, the President
shall submit a report in person or in writing to the
a. Calling out power: He may call out such
Congress. The Congress, voting jointly, by a vote of armed forces to prevent or suppress
at least a majority of all its Members in regular or lawless violence, invasion, or rebellion.
special session, may revoke such proclamation or b. Power to suspend PWHC: He may
suspension, which revocation shall not be set aside suspend the privilege of the writ of habeas
by the President. Upon the initiative of the President, corpus.
the Congress may, in the same manner, extend
such proclamation or suspension for a period to be
c. Power to declare ML: He may proclaim
determined by the Congress, if the invasion or martial law over the entire Philippines or
rebellion shall persist and public safety requires it. any part thereof [Sanlakas v. Executive
Secretary, G.R. No. 159085 (2004)].
The Congress, if not in session, shall, within twenty-
four hours following such proclamation or
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Conditions for the exercise of calling out 2. Public safety requires the proclamation of
power: martial law all over the Philippines or in
1. An actual invasion or rebellion; AND any part thereof.
2. Public safety requires the exercise of such
power. The power to declare martial law and to
suspend the privilege of the writ of habeas
These conditions are not required in the corpus involve curtailment and
exercise of the calling out power. The only suppression of civil rights and individual
criterion is that ‘whenever it becomes freedom. Thus, the declaration of martial
necessary,’ the President may call the armed law serves as a warning to citizens that the
forces ‘to prevent or suppress lawless violence, Executive Department has called upon the
invasion or rebellion.’ [Sanlakas v. Executive military assist in the maintenance of law
Secretary, supra] and order, and while the emergency
remains, the citizens must, under pain of
Outside explicit constitutional limitations, the arrest and punishment, not act in a
commander-in-chief clause vests in the manner that will render it more difficult to
President, as commander-in-chief, absolute restore order and enforce the law [Lagman
authority over the persons and actions of the v. Medialdea, supra].
members of the armed forces. Such authority
includes the ability of the President to restrict The following cannot be done by a
the travel, movement and speech of military proclamation of Martial Law [Section 18,
officers, activities which may otherwise be Article VII, 1987 Constitution]:
sanctioned under civilian law [Gudani v. 1. Suspend the operation of the Constitution;
Senga, supra]. 2. Supplant the functioning of the civil courts
and legislative assemblies;
a. Calling Out Powers 3. Confer jurisdiction upon military courts
This is merely a police measure meant to quell and agencies over civilians, where civil
disorder. As such, the Constitution does not courts are able to function.
regulate its exercise radically.
Open Court Doctrine: Civilians cannot be
State of Rebellion tried by military courts if the civil courts are
Since the Constitution did not define the term open and functioning. Martial law usually
"rebellion," it must be understood to have the contemplates a case where the courts are
same meaning as the crime of "rebellion" in the already closed and the civil institutions
Revised Penal Code (RPC). have already crumbled, i.e., a "theater of
war." [Olaguer v. Military Commission No.
In determining the existence of rebellion, the 34, G.R. No. L-54558 (1987)].
President only needs to convince himself that
there is probable cause or evidence showing 4. Automatically suspend the privilege of the
that more likely than not a rebellion was writ of habeas corpus. The President must
committed or is being committed. To require expressly suspend the privilege.
him to satisfy a higher standard of proof would
restrict the exercise of his [commander-in- Suspension of the Privilege of the Writ of
chief] powers [Lagman v. Medialdea, G.R. No. Habeas Corpus
231658 (2017)].
Requisites for suspension of the privilege
b. Declaration of Martial Law and the of the writ of habeas corpus:
Suspension of the Privilege of the Writ 1. There must be an actual invasion or
of Habeas Corpus (Including Extension rebellion; and
2. Public safety requires it.
of Period)
Note that the privilege of the writ is suspended,
Requisites of Proclaiming Martial Law
not the writ itself. The writ is an order from the
1. There must be an in invasion or rebellion.
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court commanding a detaining officer to inform iii. The right to bail shall not be impaired
the court: even when the privilege of the writ of
1. If he has the person in custody; and habeas corpus is suspended.
2. His basis for detaining that person. Excessive bail shall not be required
[Section 13, Article III, 1987
The privilege is the order from the court to Constitution].
release the person in the custody of the
respondent/detaining officer. The suspension of the privilege does not
destroy petitioners' right and cause of action for
Effects of the Suspension of the Privilege: damages for illegal arrest and detention and
a. The suspension of the privilege of the writ other violations of their constitutional rights
applies only to persons “judicially charged” [Aberca v. Ver, G.R. No. L-69866 (1988)].
(should be read as one who is suspected
of complicity in) for rebellion or offenses The President may exercise the power to call
inherent in or directly connected with out the Armed Forces independently of the
invasion [Section 18, par. 5, Article VII, power to suspend the privilege of the writ of
1987 Constitution]. habeas corpus and to declare martial law,
i. Such persons suspected of the above although, of course, it may also be a prelude to
can be arrested and detained without a possible future exercise of the latter powers,
warrant of arrest. as in this case [Lagman v. Medialdea, supra].
ii. The suspension of the privilege does
not make the arrest without warrant Four (4) ways for the Proclamation of Martial
legal. But the military is, in effect, Law or the Suspension of the Privilege of the
enabled to make the arrest anyway Writ of Habeas Corpus to be Lifted:
since, with the suspension of the 1. Lifting by the President himself
privilege, there is no remedy available 2. Revocation by Congress
against such unlawful arrest (arbitrary 3. Nullification by the Supreme Court
detention). 4. Operation of law after 60 days
iii. The arrest without warrant is justified
by the emergency situation and the Either may also be extended for a period to be
difficulty in applying for a warrant determined by Congress, upon the initiative of
considering the time and the number of the President, and if the invasion or rebellion
persons to be arrested. shall persist and public safety requires it.
iv. The crime for which he is arrested must
be one related to rebellion or invasion. The Role of Congress [See Section 18, par.
As to others, the suspension of the 1 & 2, Article VII, 1987 Constitution]
privilege does not apply. 1. Congress may revoke the proclamation of
b. During the suspension of the privilege of martial law or suspension of the privilege
the writ, any person thus arrested or of the writ of habeas corpus before the
detained shall be judicially charged within lapse of 60 days from the date of
3 days, or otherwise he shall be released suspension or proclamation.
[Section 18(6), Article VII, 1987
Constitution]. 2. Upon such proclamation or suspension,
i. The effect therefore is only to extend Congress shall convene at once. If it is not
the periods during which he can be in session, it shall convene in accordance
detained without a warrant. When the with its rules without need of a call within
privilege is suspended, the period is 24 hours following the proclamation or
extended to 72 hours. suspension.
ii. What happens if he is not judicially
charged nor released after 72 hours? The houses of Congress may convene
The public officer becomes liable under separately at this point, i.e., in their
RPC Article 125 for "delay in the respective chambers [See Padilla v.
delivery of detained persons." Congress, G.R. No. 231671 (2017)].
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3. Within 48 hours from the proclamation or ii. The extension thereof. It must
the suspension, the President shall submit promulgate its decision thereon
a report, in person or in writing, to the within 30 days from its filing.
Congress of the action he has taken.
In reviewing the sufficiency of the factual
4. The Congress shall then vote jointly, by a basis of the proclamation or suspension, the
majority of all its members, if it desires to Court considers only the information and
avail of two options: data available to the President prior to or at
a. To revoke such proclamation or the time of the declaration; it is not allowed
suspension. When it is so revoked, the to "undertake an independent investigation
President cannot set aside (or veto) the beyond the pleadings." On the other hand,
revocation as he normally would do in Congress may take into consideration not
the case of bills. only data available prior to, but likewise
b. To extend it beyond the 60-day period events supervening the declaration.
of its validity.
Thus, the power to review by the Court and
Congress need only meet in joint session the power to revoke by Congress are not
to revoke (or extend) the proclamation only totally different but likewise
(such as when one of the houses has independent from each other although
expressed an intent to revoke it, thereby concededly, they have the same trajectory,
compelling the houses to meet in joint which is, the nullification of the presidential
session). If Congress simply intends to proclamation. Needless to say, the power of
respect or support the President’s initial the Court to review can be exercised
proclamation, it need not meet in joint independently from the power of revocation
session [See Padilla v. Congress, supra]. of Congress [Lagman v. Medialdea, supra].
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victims, or offended parties which may be time, a postponement of execution, a
natural or juridical persons, they shall be tried temporary suspension of execution
by the proper civil court, except when the [People v. Vera, G.R. No. L-45685 (1937)].
offense, as determined before arraignment by
the civil court, is service-connected in which ● Commutations: Reduction of sentence
case it shall be tried by court-martial. [Black’s Law Dictionary]. It is a remission
of a part of the punishment; a substitution
The assertion of military authority over civilians of a lesser penalty for the one originally
cannot rest on the President's power as imposed [People v. Vera, supra].
Commander in Chief or on any theory of martial
law. As long as civil courts remain open and are ● Amnesty: A sovereign act of oblivion for
regularly functioning, military tribunals cannot past acts, granted by government
try and exercise jurisdiction over civilians for generally to a class of persons who have
offenses committed by them and which are been guilty usually of political offenses and
properly cognizable by civil courts [Olaguer v. who are subject to trial but have not yet
Military Commission No. 34, supra]. been convicted, and often conditioned
upon their return to obedience and duty
6. Pardoning Powers within a prescribed time [Black’s Law
Dictionary; Brown v. Walker, 161 US 591
(1896)].
1987 Constitution
1. Requires concurrence of majority of all
Section 19, Article VII. Except in cases of members of Congress [Sec. 19, Art.
impeachment, or as otherwise provided in this VII, 1987 Constitution].
Constitution, the President may grant reprieves,
commutations and pardons, and remit fines and ● Remission of Fines/Forfeitures: After
forfeitures, after conviction by final judgment.
conviction by final judgment
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Denial of Commission of Offenses d. Ratify treaties, but subject to the
Persons invoking the benefit of amnesty must concurrence of the Senate;
first admit to their complicity in the crimes e. Enter into executive agreements; and
charged. Amnesty presupposes the f. Transact the business of foreign relations
commission of a crime, and when the accused [See Pimentel v. Executive Secretary,
maintains that he has not committed the crime, G.R. No. 158088 (2005)].
he cannot have any use for amnesty [Vera v.
People, G.R. No. L-18184 (1963)]. b. To Contract or Guarantee Foreign
Loans
Amnesty Requisites
a. With the concurrence of the monetary
Who May Avail board [Section 20, Article VII, 1987
Generally: Individuals who form part of the Constitution]
class of persons covered by an amnesty b. Subject to limitations as may be provided
proclamation whose acts constitute the political by law [Section 20, Article XII, 1987
offenses covered by the same. Constitution]
c. Information on foreign loans obtained or
Jurisprudence guaranteed shall be made available to the
Amnesty Proclamation No. 76 applies even to public [Section 21, Article XII, 1987
Hukbalahaps already undergoing sentence Constitution]
upon the date of its promulgation. The majority
of the Court believes that by its context and Cf. R.A. No. 4860
pervading spirit the proclamation extends to all Congress may provide guidelines for
members of the Hukbalahap [Tolentino v. contracting or guaranteeing foreign loans, and
Catoy, G.R. No. L-2503 (1948)]. have these rules enforced through the
Monetary Board. But for Congress to grant
The SC agreed with the Sandiganbayan that in prior approval is a totally different issue. At any
fact the petitioners were expressly disqualified rate, the present power, which was first
from amnesty. The acts for which they were introduced in the 1973 Constitution, was based
convicted were ordinary crimes without any on R.A. No. 4860 or the Foreign Loan Act.
political complexion and consisting only of What used to be a statutory grant of power is
diversion of public funds to private profit. The now a constitutional grant which Congress
amnesty proclamation covered only acts in the cannot take away, but only regulate.
furtherance of resistance to duly constituted
authorities of the Republic and applies only to Role of Congress in such Foreign Loans
members of the MNLF, or other anti- The President does not need prior approval by
government groups [Macagaan v. People, G.R. Congress:
No. 77317-50 (1987)]. a. Because the Constitution places the
power to check the President’s power on
7. Foreign Relations Powers the Monetary Board;
a. In General b. BUT Congress may provide guidelines
The President, being the head of state, is and have them enforced through the
regarded as the sole organ and authority in Monetary Board.
external relations and is the country’s sole
representative to foreign nations. As the chief c. Entry into Treaties or International
architect of foreign policy, the President acts as Agreements
the country’s mouthpiece with respect to Treaty: As defined by the Vienna Convention
international affairs. on the Law of Treaties, “an international
instrument concluded between States in
The President is vested with the authority to: written form and governed by international law,
a. Deal with foreign states and governments; whether embodied in a single instrument or in
b. Extend or withhold recognition; two or more related instruments, and whatever
c. Maintain diplomatic relations;
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its particular designation” [Bayan v. Zamora, agreement to the main RP-US Military Defense
G.R. No. 138570 (2000)]. Treaty. The VFA is therefore valid for it is a
presence “allowed under” the RP-US Mutual
Note: It is the President who ratifies a treaty Defense Treaty. Since the RP-US Mutual
(not the Senate), the Senate merely concurs Defense Treaty itself has been ratified and
[Bayan v. Zamora, supra]. Thus, the President concurred in by both the Philippine Senate and
cannot be compelled to submit a treaty to the the US Senate, there is no violation of the
Senate for concurrence; he has the sole power Constitutional provision resulting from such
to submit it to the Senate and/or to ratify it presence [Nicolas v. Romulo, G.R. No. 175888
[Bayan Muna v. Romulo, G.R. No. 159618 (2009)].
(2011)].
Executive Agreements
Military Bases Treaty a. Entered into by the President.
b. May be entered into without the
1987 Constitution concurrence of the Senate.
c. Distinguished from treaties —
Section 25, Article XVIII. After the expiration in International agreements involving
1991 of the Agreement between the Philippines and political issues or changes in national
the United States of America concerning Military policy and those involving international
Bases, foreign military bases, troops, or facilities
agreements of permanent character
shall not be allowed in the Philippines except under
a treaty duly concurred in by the Senate and, when usually take the form of treaties. But the
the Congress so requires, ratified by a majority of the international agreements involving
votes cast by the people in a national referendum adjustments in detail carrying out well-
held for that purpose, and recognized as a treaty by established national policies and traditions
the other contracting State. and those involving a more or less
temporary character usually take the form
The President, however, may enter into an of executive agreements [Commissioner
executive agreement on foreign military bases, of Customs v. Eastern Sea Trading, G.R.
troops, or facilities, if: No. L-14279 (1961)].
a. It is not the instrument that allows the
presence of foreign military bases, troops, However, from the point of view of
or facilities; or international law, there is no difference
b. It merely aims to implement an existing between treaties and executive
law or treaty. agreements in their binding effect upon
states concerned as long as the
Section 25 refers solely to the initial entry of the negotiating functionaries have remained
foreign military bases, troops, or facilities. within their powers [USAFFE Veterans
Assn. v. Treasurer, G.R. No. L-10500
To determine whether a military base or facility (1959)]
in the Philippines, which houses or is accessed
by foreign military troops, is foreign or remains Note: An executive agreement that does
a Philippine military base or facility, the legal not require the concurrence of the Senate
standards are: for its ratification may not be used to
a. Independence from foreign control; amend a treaty that, under the
b. Sovereignty and applicable law; and Constitution, is the product of the ratifying
c. National security and territorial integrity acts of the Executive and the Senate
[Saguisag v. Executive Secretary, G.R. [Bayan Muna v. Romulo, supra].
No. 212426 (2016)].
Two (2) Classes of Executive Agreements
Visiting Forces Agreement (VFA) 1. Agreements made purely as executive
The VFA, which is the instrument agreed upon acts affecting external relations and
to provide for the joint RP-US military independent of or without legislative
exercises, is simply an implementing
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authorization, which may be termed as Scope of the Power
presidential agreements; and a. The President’s power to deport aliens
2. Agreements entered into in pursuance of and to investigate them subject to
acts of Congress, or congressional- deportation are provided in Chapter 3,
executive agreements. Book III, of the Admin. Code of 1987.
b. There is no legal or constitutional provision
Although the President may, under the defining the power to deport aliens
American constitutional system, enter into because the intention of the law is to grant
executive agreements without previous the Chief Executive the full discretion to
legislative authority, he may not, by determine whether an alien’s residence in
executive agreement, enter into a the country is so undesirable as to affect
transaction which is prohibited by statutes the security, welfare or interest of the
enacted prior thereto. He may not defeat state.
legislative enactments that have acquired c. The Chief Executive is the sole and
the status of law by indirectly repealing the exclusive judge of the existence of facts
same through an executive agreement which would warrant the deportation of
providing for the performance of the very aliens [Go Tek v. Deportation Board, G.R.
act prohibited by said laws [Gonzales v. No. L-23846 (1977)].
Hechanova, G.R. No. L-21897 (1963)].
8. Tariff-Setting Power
Rules on Withdrawal from Treaties
• The President enjoys leeway in Preparing and Submitting the Budget
withdrawing from agreements which he
or she determines to be contrary to the
1987 Constitution
Constitution or statutes.
• The President cannot unilaterally Section 22, Article VII. The President shall submit
withdraw from agreements which were to the Congress within thirty (30) days from the
entered into pursuant to congressional opening of every regular session, as the basis of the
imprimatur. general appropriations bill, a budget of expenditures
and sources of financing, including receipts from
• The President cannot unilaterally existing and proposed revenue measures.
withdraw from international agreements
where the Senate concurred and
expressly declared that any withdrawal The budget is the plan indicating:
must also be made with its concurrence a. Expenditures of the government;
[Pangilinan v. Cayetano, G.R. No. b. Sources of financing; and
238875 (2021)]. c. Receipts from revenue-raising measures.
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Fixing of Tariff Rates [Section 28, Article VI,
1987 Constitution]
IV. JUDICIAL DEPARTMENT
The Congress may, by law, authorize the
President to fix (1) within specified limits, and A. Concept of Judicial Power
(2) subject to such limitations and restrictions
as it may impose: 1987 Constitution
a. Tariff rates;
b. Import and export quotas; Section 1, Article VIII. The judicial power shall be
c. Tonnage and wharfage dues; vested in one Supreme Court and in such lower
courts as may be established by law.
d. Other duties or imposts within the
framework of the national development Judicial power includes the duty of the courts of
program of the government. justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
Rationale for Delegation to determine whether or not there has been a grave
Highly technical nature of international abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
commerce, and the need to constantly and with
instrumentality of the Government.
relative ease adapt the rates to prevailing
commercial standards.
On whom vested: The judicial power shall be
9. Veto Powers vested in:
General Rule
All bills must be approved by the President a. One Supreme Court; and
before they become law. b. In such lower courts as may be
established by law.
Exceptions
a. When the veto of the President is What: Judicial power includes the duty of the
overridden by 2/3 vote of all the Members courts of justice to:
of Congress, the President returns the bill a. Settle actual controversies involving rights
with his veto message to the House where which are legally demandable and
the bill originated, which shall then enter enforceable; and
the objections at large in its Journal and b. To determine whether or not there has
proceed to reconsider it. If, after such been a grave abuse of discretion
reconsideration, two-thirds of all the amounting to lack or excess of jurisdiction.
Members of such House shall agree to
pass the bill, it shall be sent, together with The Supreme Court is entrusted exclusively
the objections, to the other House by with the judicial power to adjudicate with finality
which it shall likewise be reconsidered, all justiciable disputes, public and private. No
and if approved by two-thirds of all the other department or agency may pass upon its
Members of that House, it shall become a judgments or declare them unjust [In Re
law; Laureta and Maravilla, G.R. No. L-68635
b. The bill lapsed into law because of the (1987)].
President’s failure to act on the bill within
thirty (30) days [Section 27, Article VI, Absent a showing of a violation of the
1987 Constitution]; and Constitution or grave abuse of discretion, the
c. The bill passed is the special law to elect Court cannot use its judicial power to inquire
the President and Vice-President. into allegations that, in enacting a law, a House
of Congress failed to comply with its own rules
Limitations to the Veto Power: [Arroyo v. De Venecia, G.R. No. 127255
The President may only veto bills as a whole. (1997)].
(See Legislative Power of Congress)
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B. Judicial Review Where the legislature or executive branch acts
beyond the scope of its constitutional power, it
The Court’s exercise of its traditional becomes the duty of the judiciary to declare
jurisdiction is rooted in its power of judicial what the other branches of the government had
review which gives the Court the authority to assumed to do so as void [Demetria v. Alba,
strike down acts of the legislative and/or G.R. No. 71977 (1987)].
executive, constitutional bodies or
administrative agencies contrary to the 1. Requisites
Constitution. The power of judicial review is
part and parcel of the Court’s judicial power Requisites of Judicial Review
and is a power inherent in all courts [Villanueva
v. Judicial and Bar Council, G.R. No. 211833 1. There must be an actual case or
(2015)]. controversy;
2. There is locus standi, i.e., person
Judicial Power vs. Judicial Review [Miranda challenging the act must have “standing”
v. Aguirre, G.R. No. 133064 (1999)] to challenge;
3. Constitutional question must be raised at
the earliest possible opportunity; and
Judicial Power Judicial Review 4. Constitutionality must be the very lis mota
of the case.
Where vested
Supreme Court & lower courts Generally, a party will be allowed to litigate only
when these conditions sine qua non are
Definition present, especially when the constitutionality of
an act by a co-equal branch of government is
(a) Duty to settle Power to determine put in issue [Chavez v. Judicial and Bar
actual controversies the constitutionality Council, G.R. No. 202242 (2012)].
involving rights which of acts of any branch
are legally or instrumentality of a. Actual case or controversy
demandable and the government An actual case or controversy exists when a
enforceable, and case involves a clash of legal rights or an
assertion of opposite legal claims that the
(b) Duty to determine courts can resolve through applying law and
whether or not there jurisprudence. An actual case is ripe for
has been grave adjudication when the act being challenged
abuse of discretion has a direct adverse effect on the individual
amounting to lack or challenging it [De Castro v. Judicial and Bar
excess of jurisdiction Council, G.R. No. 191002 (2010)].
on the part of any
branch or For a case to be considered ripe for
instrumentality of the adjudication, the following prerequisites must
government [Article concur:
VIII, Section 1 (2), 1. An act had been accomplished or
Constitution]. performed by either government branch
before a court may interfere; and
Requisites for exercise 2. Petitioner must allege that an immediate
or threatened injury to himself exists as a
Jurisdiction, or the (1) Actual case or
result of the challenged action [Phil.
power to decide and controversy;
Constitution Association v. Phil.
hear a case and (2) locus standi;
Government, G.R. No. 218406 (2016)].
execute a decision (3) earliest
thereof opportunity; and
(4) lis mota
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b. Locus standi 2. Citizen standing
Legal standing or locus standi refers to a A plaintiff in a citizen standing is a mere
party’s personal and substantial interest in a instrument of the public concern. Plaintiff
case, arising from the direct injury it has invokes at least the right, if not the duty, of
sustained or will sustain as a result of the every citizen to interfere and see that a public
challenged government action. The term offense be properly pursued and punished, and
“interest” means material interest, an interest in that a public grievance be remedied [David v.
an issue affected by governmental action, as Macapagal-Arroyo, G.R. No. 171396 (2006)].
distinguished from mere interest in the
question involved, or a mere incidental interest 3. Environmental standing
[CREBA v. Energy Regulatory Commission, Any Filipino citizen in representation of others,
G.R. No. 174697 (2010)]. including minors or generations yet unborn,
may file an action to enforce rights or
The interest of the party plaintiff must be obligations under environmental laws [Sec. 5,
personal and not one based on a desire to Rules of Procedure for Environmental Cases
vindicate the constitutional right of some third (2010)].
and unrelated party [Joya v. PCGG, G.R. No.
96541 (1993)]. Citizens are allowed to bring a suit to enforce
environmental laws on the principle that
Direct injury test - The person who impugns humans are stewards of nature and as part of
the validity of a statute must have a personal their right to a balanced and healthful ecology
and substantial interest in the case such that [Resident Marine Mammals v. Sec. Reyes,
he has sustained, or will sustain direct injury as G.R. No. 180771 (2015)].
a result [People v. Vera, G.R. No. L-45685
(1937)]. 4. Governmental standing
The People of the Philippines, represented by
This may be brushed aside by the court as a the Solicitor General and the Fiscal, is the
mere procedural technicality in view of public proper party to question the statute because it
interest or transcendental importance of the is always interested in the integrity of its
issues involved [Kilosbayan v. Guingona, G.R. Constitution or the statutes involved and can
No. 113375 (1994)]. set aside a law that violated the Constitution
[People v. Vera, supra].
Special Forms of locus standi / Exceptions
to Direct Injury Test 5. Legislative standing
N.B. In these cases, a party has standing even There must be a claim from the legislators that
if it may not necessarily suffer direct injury. the official action complained of infringes upon
their legislative prerogatives [David v.
1. Associational or third-party standing Macapagal-Arroyo, supra].
The association may assert the concerns of its
constituents as long as the interest sought to 6. Taxpayer’s standing
be protected is germane to the association’s In a taxpayer’s suit, the plaintiff is affected by
purpose [Kilusang Mayo Uno Labor Center v. the expenditure of public funds. There must be
Garcia, G.R. No. 115381 (1994)]. a claim of illegal disbursement of public funds
or that the tax measure is unconstitutional
Due to the nature of one party’s relation to [David v. Macapagal-Arroyo, supra].
another party, the former is allowed standing to
invoke fundamental due process or equal 7. Voter’s standing
protection claims of the latter injured by state There must be a showing of obvious interest in
action [GMA Network Inc. v. Commission on the validity of the election law in question
Elections, G.R. No. 205357 (2014)]. [David v. Macapagal-Arroyo, supra]
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Exception: Subsequent declaration of 2. Safeguards of Judicial
unconstitutionality does not nullify the acts Independence
exercised in line with the law. The past cannot
always be erased by a new judicial declaration Provision Safeguards
[Municipality of Malabang v. Benito, supra]
The SC cannot be abolished
The operative fact doctrine recognizes the Article VIII, nor may its membership or
existence and validity of a legal provision prior Section 4 the manner of its meetings be
to its being declared as unconstitutional and changed by mere legislation.
hence, legitimizes otherwise invalid acts done
The members of the judiciary
pursuant thereto because of considerations of
are not subject to
practicality and fairness. In this regard, certain Article XI,
confirmation by the
acts done pursuant to a legal provision which Section 2
Commission on
was just recently declared as unconstitutional
Appointments.
by the Court cannot be anymore undone
because not only would it be highly impractical The members of the SC may
to do so, but more so, unfair to those who have not be removed from office
relied on the said legal provision prior to the except by impeachment.
time it was struck down [Film Development
Council of the Phils. V. Colon Heritage Realty The SC may not be deprived
Corp., G.R. 203754 (2020)]. of its minimum original and
Article VIII,
appellate jurisdiction as
The doctrine is applicable when a declaration Section 2
prescribed in Article X,
of unconstitutionality will impose an undue Section 5 of the Constitution.
burden on those who have relied on the invalid
law, but it can never be invoked to validate an The appellate jurisdiction of
unconstitutional act as constitutional Article VI, the SC may not be increased
[Municipality of Malabang v. Benito, G.R. No. Section 30 by law without its advice and
L-28113 (1969)]. concurrence.
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Constitutional Requirements
Provision Safeguards
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the doctrine of separation of powers [Garcia v. There is no dichotomy between Senate and
Macaraig, A.M. No. 198-J (1971)]. HOR when Congress interacts with other
branches. But the SC is not in a position to say
2. Judicial and Bar Council who should sit (and should be left to the
agreement of the houses). The lone
a. Composition representative from Congress is entitled to one
1. Ex-officio members [Section 8(1), full vote [Chavez v. JBC, G.R. No. 202242
Article VIII, 1987 Constitution] (2012)].
a. Chief Justice as ex-officio Chairman
b. Secretary of Justice Regular Members [Section 8(2), Article VIII,
c. One representative of Congress 1987 Constitution]
2. Regular members [Section 8(2), Article The regular members shall be appointed by the
VIII, 1987 Constitution] President with the consent of the Commission
a. Representative of the Integrated Bar on Appointments. The term of the regular
b. Professor of law members is 4 years (with reappointment).
c. Retired member of the SC
d. Representative of private sector b. Powers
3. Secretary ex-officio [Section 8 (3),
Article VIII, 1987 Constitution] 1. Primary function
Recommend appointees to the judiciary; may
Clerk of Court of the Supreme Court, who exercise such other functions and duties as the
shall keep a record of its proceedings; not SC may assign to it [Section 8(5), Article VIII,
a member of the JBC. 1987 Constitution].
In the absence of the Chief Justice because of Note: Judges may not be appointed in any
his impeachment, the most Senior Justice of acting or temporary capacity as this would
the Supreme Court, who is not an applicant for undermine the independence of the judiciary.
Chief Justice, should participate in the
deliberations for the selection of nominees for 2. Supervisory authority of SC over JBC
the said vacant post and preside over the Section 8, Article VIII of the Constitution
proceedings, pursuant to Section 12 of provides “A Judicial and Bar Council is hereby
Republic Act No. 296, or the Judiciary Act of created under the supervision of the Supreme
1948 [Dulay v. Judicial and Bar Council, G.R. Court.” The supervisory authority of the Court
No. 202143 (2012)] over the JBC covers the overseeing of
compliance with its rule [Jardeleza v. Judicial
4. Appointment, tenure, and salary and Bar Council, G.R. No. 213181 (2014)].
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For lower courts, the President shall issue the suspension of the privilege of the writ
appointment within ninety (90) days from the [Section 18, Article VII, 1987 Constitution].
submission by the JBC of such list [Section 9, 6. When sitting as Presidential Electoral
Article VIII, 1987 Constitution]. Tribunal [Section 4, par. 7, Article VII,
1987 Constitution].
The prohibition against midnight appointments 7. All other cases which under the Rules of
does not apply to the judiciary [De Castro v. Court are required to be heard by the SC
JBC, G.R. No. 191002 (2010)]. en banc [Section 4 (2), Article VIII, 1987
Constitution].
E. The Supreme Court
All other cases are heard in divisions.
(Composition, Powers, and
Functions) Note: In the case of Cruz v. Sec’y of
Environment and Natural Resources (G.R. No.
1. Composition 135385, December 6, 2000), the Court
● Chief Justice and 14 Associate Justices deliberated on the petition and the votes
● May sit en banc or in divisions of three, gathered were equally divided with no majority
five, or seven Members (currently sits in vote obtained. Seven (7) Members voted to
three (3) divisions, each with five (5) dismiss the petition, while seven (7) other
Members) members voted to grant the petition. After
redeliberation, the voting remained the same.
a. En banc instances Thus, the petition pursuant to Rule 56, Sec. 7
Decided with the concurrence of a majority of of the Rules of Civil Procedure, was dismissed.
the Members who actually took part in the
deliberations and voted. b. Requirements and procedures in
divisions
1. Those involving the constitutionality, 1. Cases decided with the concurrence of a
application, or operation of: majority of the Members who actually took
a. Treaty part in the deliberations and voted.
b. Orders 2. In no case without the concurrence of at
c. International or executive agreement least three (3) of such Members.
d. Law 3. When the required number is not obtained,
e. Presidential decrees the case shall be decided en banc on:
f. Instructions a. Cases for decision when required votes
g. Proclamations are not obtained;
h. Ordinances b. Cases of first instance, or matters after
i. Other regulations the first instance such as post-decision
motions.
2. In disciplinary cases for judges, when the c. An undecided case due to a tie creating
penalty is dismissal, disbarment, a failure to resolve a motion [Fortich v.
suspension for more than 1 year, or fine of Corona, G.R. No. 131457 (1999)].
more than P10,000
3. Cases or matters heard by a Division The SC en banc is not an appellate court vis-à-
where the required number of votes to vis its Divisions. The only constraint is that any
decide or resolve is not met [Section 4(3), doctrine or principle of law laid down by the
Article VIII, 1987 Constitution]. Court, either rendered en banc or in division,
4. Modifying or reversing a doctrine or may be overturned or reversed only by the
principle of law laid down by the court in a Court sitting en banc [PUP v. Firestone
decision rendered en banc or in division Ceramics, G.R. No. 143513 (2001)].
[Section 4(3), Article VIII, 1987
Constitution]. There is but one Supreme Court of the
5. Actions instituted by citizens to test the Philippine Islands. The Supreme Court
validity of a proclamation of Martial law or remains a unit notwithstanding it works in
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divisions. Although it may have two divisions, it 4. Appoint all officials and employees of the
is but a single court. Actions considered in any Judiciary in accordance with the Civil
one of these divisions and decisions rendered Service Law;
therein are, in effect, by the same Tribunal. The 5. Supervise over all courts and the
two divisions of this court are not to be personnel thereof;
considered as two separate and distinct courts 6. Discipline judges of lower courts, or order
but as divisions of one and the same court their dismissal.
[U.S. v. Limsiongco, G. R. No. 16217 (1920)].
Note: The qualifications of judges of lower
2. Powers and Functions courts as stated by the Constitution are
minimum requirements. The JBC may
a. Procedural rule-making determine or add more qualifications when
The Supreme Court shall have the following such policies are necessary and incidental to
powers: […] (5) Promulgate rules concerning the function conferred in the Constitution
the protection and enforcement of [Villanueva v. JBC, G.R. No. 211833 (2015)].
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the d. Period for deciding cases
practice of law, the integrated bar, and legal [Section 5(1), Article VIII, 1987 Constitution]
assistance to the under-privileged [Section 5
Supreme Lower Other Lower
(5), Article VIII, 1987 Constitution]. Court Collegiate Courts
Courts
The 1987 Constitution took away the power of
Congress to repeal, alter, or supplement rules 24 months 12 months, 3 months,
concerning pleading, practice and procedure. unless unless
The power to promulgate rules of pleading, reduced by reduced by
practice and procedure is no longer shared by the SC the SC
the Court with Congress, more so with the
Executive [Echegaray v. Secretary of Justice,
G.R. No. 132601 (1999)]. Notes:
a. Period counted from date case is
Because of Article VIII, Section 5, Congress “submitted for decision”
may no longer grant legislative exemptions b. Case deemed submitted upon filing of the
from payment of court fees [Baguio Market last pleading, brief or memorandum
Vendors Multi-Purpose Cooperative v. Cortes, required by the Rules or the court [Section
G.R. No. 165922 (2010)]. 15(2), Article VIII, 1987 Constitution].
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National Service Corp. v. NLRC, G.R. No. L- the imposition of a penalty of suspension of
69870 (1988)]. more than 30 days or fine in an amount
exceeding 30 days’ salary [Torres v. De Leon,
Note: The University of the Philippines, having G.R. No. 199440 (2016)].
an original charter, is clearly part of the CSC
[University of the Philippines v. Regino, G.R. e. Classes of service [CSC v. Sojor, G.R.
No. 88167 (1993)]. No. 168766 (2008)]
Career Service: Characterized by entrance (a)
c. Jurisdiction based on merit and fitness to be determined,
The CSC has been granted by the Constitution as far as practicable, by competitive
and the Administrative Code jurisdiction over examinations, OR (b) based on highly technical
all civil service positions in the government qualifications; with opportunity for
service, whether career or non-career [Civil advancement to higher career positions and
Service Commission v. Sojor, G.R. No. 168766 security of tenure.
(2008); See CSC Resolution No. 991936 1. Open career positions: Where prior
detailing the disciplinary and non-disciplinary qualification in an appropriate
jurisdiction]. examination is required.
2. Closed career positions: e.g. scientific
The Board of Regents (BOR) of a state or highly technical in nature;
university has the sole power of administration 3. Career Executive Service: e.g.
over the university. But…there is no showing undersecretaries, bureau directors
that such power is exclusive. The CSC has 4. Career Officers: Other than those
concurrent jurisdiction over a president of a belonging to the Career Executive
State university [CSC v. Sojor, supra]. Service who are appointed by the
President, e.g. those in the foreign
d. Appellate Jurisdiction service
The appellate power of the CSC will only apply 5. Positions in the AFP, although
when the subject of the administrative cases governed by a different merit system
filed against erring employees is in connection 6. Personnel of GOCCs with original
with the duties and functions of their office, and charters
not in cases where the acts of the complainant 7. Permanent laborers, whether skilled,
arose from cheating in the civil service semi-skilled, or unskilled
examinations [Cruz v. CSC, G.R. No. 144464
(2001)]. Non-career Service: Characterized by
entrance on bases other than those of the
In administrative disciplinary cases decided by usual tests utilized for the career service;
the COA, the proper remedy in case of an tenure limited to a period specified by law, or
adverse decision is an appeal to the Civil which is co-terminus with that of the appointing
Service Commission and not a petition for authority or subject to his pleasure, or which is
certiorari before SC under Rule 64 [Galindo v. limited to the duration
Commission on Audit, G.R. No. 210788 1. Elective officials, and their personal
(2017)]. and confidential staff;
2. Department heads and officials of
The Philippine National Red Cross, although Cabinet rank who hold office at the
not a GOCC, is sui generis in character. The pleasure of the President, and their
sui generis character of PNRC requires the personal and confidential staff;
court to approach controversies involving the 3. Chairmen and members of
PNRC on a case-to-case basis. Since the issue commissions and bureaus with fixed
involves the enforcement of labor laws and terms;
penal statutes, PNRC can be treated as a 4. Contractual personnel;
GOCC. Thus, the CSC has jurisdiction. 5. Emergency and seasonal personnel.
Moreover, the CSC has appellate jurisdiction
on administrative disciplinary cases involving
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Note: Except as otherwise provided by the or in any of its subsidiaries [Section 6,
Constitution or by law, the Civil Service Article IX-B, 1987 Constitution].
Commission shall have the final authority to 2. No elective official shall be eligible for
pass upon the removal, separation and appointment or designation in any
suspension of all officers and employees in the capacity to any public office or position
civil service and upon all matters relating to the during his tenure [Section 7(1), Article
conduct, discipline and efficiency of such IXB, 1987 Constitution].
officers and employees [CSC v. Sojor, supra]. 3. Unless otherwise allowed by law OR by
the primary functions of his position, no
e. Appointments in the Civil Service appointive official shall hold any other
The role of the CSC in the appointing process office or employment in the
is limited to the determination of qualifications Government or any subdivision,
of the candidates for appointments and plays agency or instrumentality thereof
no role in the choice of the person to be including GOCCs or their subsidiaries
appointed [Bernas]. [Section 7(2), Article IX-B, 1987
Constitution].
General Rule: Appointments are made only 4. No officer or employee in the civil
according to merit and fitness to be service shall engage directly or
determined, as far as practicable, by indirectly, in any electioneering or
competitive examination partisan political activity [Section 2(4),
Article IX-B, 1987 Constitution].
Exceptions:
1. Policy determining: Where the officer g. Removal or suspension only for
lays down principal or fundamental cause
guidelines or rules; or formulates a No officer or employee of the civil service shall
method of action for government or any be removed or suspended except for cause
of its subdivisions; e.g. department provided by law [Section 2 (2), Article IX-B,
head. 1987 Constitution].
2. Primarily confidential: Denoting not
only confidence in the aptitude of the 2. Commission on Elections
appointee for the duties of the office but a. Powers and Functions
primarily close intimacy which ensures 1. Enforce all laws relating to the conduct
freedom of intercourse without of election, plebiscite, initiative,
embarrassment or freedom from referendum and recall;
misgivings or betrayals on confidential
matters of state [De los Santos v. Initiative: The power of the people to propose
Mallare, G.R. No. L-3881 (1950)]; OR amendments to the Constitution or to propose
one declared to be so by the President and enact legislation through an election called
of the Philippines upon the for that purpose. There are 3 systems of
recommendation of the CSC, subject to initiative: Initiative on the Constitution, initiative
judicial review [Salazar v. Mathay, G.R. on statutes, and initiative on local legislation
No. L-44061 (1976)]. [Section 3(a), R.A. No. 6735].
3. Highly technical: Requires
possession of technical skill or training Referendum: The power of the electorate to
in supreme degree [De los Santos v. approve or reject legislation through an
Mallare, supra]. election called for that purpose. Not counting
constitutionally-required ratifications (e.g., on
f. Disqualifications statutes changing the name of the country),
1. No candidate who has lost in any there are 2 classes: Referendum on statutes or
election shall within one (1) year after referendum on local laws [Section 3(c), R.A.
such election, be appointed to any No. 6735].
office in the Government or any GOCC
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Recall: The termination of official relationship 8. Deputize law enforcement agencies and
of a local elective official for loss of confidence instrumentalities of the Government for
prior to the expiration of his term through the the exclusive purpose of ensuring free,
will of the electorate. orderly, honest, peaceful, and credible
elections;
Plebiscite: The submission of constitutional
amendments or the incorporation (and related COMELEC may validly delegate its power to
alterations) of LGUs to the people for their investigate and prosecute election law
approval. violations to the Provincial Fiscal [now
provincial prosecutor], pursuant to its
2. Recommend to the Congress effective deputization power [People v. Judge Basilia,
measures to minimize election G.R. No. 83938 (1989)].
spending, and to prevent and penalize
all forms of election frauds, offenses, 9. Recommend to the President the
malpractices, and nuisance removal of any officer or employee it
candidacies; has deputized for violation or disregard
of, or disobedience to its directive;
3. Submit to the President and the
Congress, a comprehensive report on 10. Registration of political parties,
the conduct of each election, plebiscite, organizations and coalitions and
initiative, referendum, or recall; accreditation of citizens’ arms;
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Diocese of Bacolod v. COMELEC, G.R. No. d. Jurisdiction over intra-party disputes
205728 (2015)]. The COMELEC’s powers and functions under
the Constitution, "include the ascertainment of
12. Decide on election cases the identity of the political party and its
legitimate officers responsible for its acts." The
The Commission on Elections may sit en banc power to register political parties necessarily
or in two divisions and shall promulgate its involves the determination of the persons who
rules of procedure in order to expedite must act on its behalf. Thus, the COMELEC
disposition of election cases [Section 3, Article may resolve an intra-party leadership dispute,
IX-C, 1987 Constitution]. in a proper case brought before it, as an
incident of its power to register political parties
The Constitution vested upon the COMELEC [Lokin v. COMELEC, G.R. No. 193808 (2012)].
judicial powers to decide all contests relating to
elective local officials as therein provided e. Appellate Jurisdiction
[Garcia v. De Jesus, G.R. No. 97108-09 All contests involving elected municipal officials
(1992)]. decided by trial courts of general jurisdiction or
involving elective barangay officials decided by
b. Cases which must be heard by a court of limited jurisdiction [Garcia v. De
Division Jesus, supra].
C. Exclusive authority
● Define the scope of its audit and
examination;
● Establish techniques and methods
required;
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D. Composition and Note: At no time shall all members belong to
the same profession.
Qualifications of Members
1. Civil Service Commission
E. Prohibited Offices and
Interests
a. Composition
A Chairman and two (2) Commissioners. No member of the Constitutional Commissions
shall, during their tenure:
b. Qualifications [Section 1(1), Article 1. Hold any other office or employment.
IX-B, 1987 Constitution] This is similar to the prohibition against
high executive officers (cf. Art. VII, Sec.
a. Natural-born citizens of the Philippines;
b. At the time of their appointment, at 13). It applies to both public and private
offices and employment;
least 35 years of age;
c. With proven capacity for public
administration; and 2. Engage in the practice of any
profession;
d. Must not have been candidates for any
elective position in the election
3. Engage in the active management or
immediately preceding their
appointment. control of any business which in any
way may be affected by the functions
of his office; or
c. Term of office
Seven (7) years (except those first appointed)
4. Be financially interested, directly or
indirectly, in any contract with, or in any
2. Commission on Elections franchise or privilege granted by, the
Government, its subdivisions, agencies
a. Composition or instrumentalities, including GOCCs
A Chairman and six (6) Commissioners. or their subsidiaries [Section 2, Article
IX-A, 1987 Constitution].
b. Qualifications
1. Must be natural-born citizens; The CSC Chairman cannot be a member of a
2. At least 35 years of age; government entity that is under the control of
3. Holders of a college degree; the President without impairing the
4. Have not been candidates in the independence vested in the CSC by the 1987
immediately preceding election; Constitution [Funa v. Civil Service
5. Majority, including the Chairman, must Commission, G.R. No. 191672 (2014)].
be members of the Philippine Bar who
have been engaged in the practice of F. Judicial Review of Final
law for at least ten (10) years. [Section
1, Article IX-C, 1987 Constitution] Orders, Resolutions, and
Decisions of Constitutional
3. Commission on Audit Commissions
a. Composition
A Chairman and two (2) Commissioners
b. Qualifications 1. Rendered in Exercise of Quasi-
1. Natural born Filipino citizens; Judicial Functions
2. At least thirty-five (35) years of age;
3. CPAs with not less than ten (10) years a. Decisions
of auditing experience OR members of Each Commission shall decide by a majority
the Philippine bar with at least ten (10) vote of all its members (NOT only those who
years practice of law participated in the deliberations) any case or
matter brought before it within 60 days from the
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date of its submission for decision or resolution of CSC, Rule 43 will be applied, and the
[Section 7, Article IX-A, 1987 Constitution]. case will be brought to the Court of
Appeals.
Any decision, order or ruling of each
Commission may be brought to the SC on 2. Rendered in Exercise of
certiorari by the aggrieved party within thirty Administrative Functions
(30) days from receipt of the copy thereof.
General Rule: Acts rendered in the exercise of
In resolving cases brought before it on appeal,
the administrative functions of a Constitutional
respondent COA is not required to limit its Commission (e.g., awarding a contract to a
review only to the grounds relied upon by a
bidder) are not judicially reviewable.
government agency’s auditor with respect to
disallowing certain disbursements of public
Rationale: These are in the exercise of the
funds. Such would render COA’s vital
Commission’s discretion/prerogatives, which
constitutional power unduly limited and thereby are in the nature of policy and generally not
useless and effective [Yap v. COA, G.R. No.
reviewable by the courts.
158562 (2010)].
Exceptions:
b. Certiorari Jurisdiction of the • When they are in violation of statutes
Supreme Court (e.g., procurement laws) or breach civil
law (e.g., obligations and contracts),
For Final Orders in the Exercise of a they may be challenged through
Commission's Quasi-Judicial Functions ordinary civil actions in the regular
(via Rule 64): Limited to decisions rendered in courts (e.g., the Regional Trial Court)
actions or proceedings taken cognizance of by [See Filipinas Engineering and
the Commissions in the exercise of their quasi- Machine Shop v. Ferrer, G.R. No.
judicial powers. 31455 (1985)] This is subject to the
rules on state immunity.
The Court exercises extraordinary jurisdiction,
thus, the proceeding is limited only to issues • When there is a proper case and for
involving grave abuse of discretion resulting in grave abuse of discretion, they may be
lack or excess of jurisdiction, and does not challenged via certiorari on Rule 65.
ordinarily empower the Court to review the
factual findings of the Commission [Aratuc v.
COMELEC, G.R. No. L-49705-09 (1999)]. CITIZEN IN RELATION TO
THE STATE
For Interlocutory Orders: Via Rule 65, in a
proper case. [See Macabago v. COMELEC,
G.R. No. 152163 (2002)] I. CITIZENSHIP
c. Synthesis on the Rules of Modes of A. Who are Filipino Citizens
Review
1. Decisions, order or ruling of the The following are citizens of the Philippines:
Commissions in the exercise of their 1. Those who are citizens of the
quasi-judicial functions may be Philippines at the time of the adoption
reviewed by the Supreme Court. of the Constitution;
2. General Rule: The mode of review is a 2. Those whose fathers or mothers are
petition for certiorari under Rule 64 (not citizens of the Philippines
Rule 65). 3. Those born before January 17, 1973,
3. Exception: The Rules of Civil of Filipino mothers, who elect
Procedure, however, provides for a Philippine citizenship upon reaching
different legal route in the case of the the age of majority; and
Civil Service Commission. In the case
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4. Those who are naturalized in elect Filipino citizenship when she reached the
accordance with law [Section 1, Article age of majority.||| [Uy-Belleza v. Civil Registrar
IV, 1987 Constitution]. of Tacloban City, G.R. No. 218354,
(September 15, 2021)]
Note: A passport is "a document issued by the
Philippine government to its citizens requesting b. Naturalized Citizens
other governments to allow its citizens to pass Those who are naturalized in accordance with
safely and freely, and in case of need, to give the law [Section 1(4), Article IV, 1987
him/her all lawful aid and protection." It is an Constitution]
official document of identity of Philippine
citizenship of the holder issued for travel Modes:
purposes. A passport proves that the country
which issued it recognizes the person named (A) By direct conferment of Congress.
therein as its national. (Uy-Belleza v. Civil Here, Congress passes a private bill conferring
Registrar of Tacloban City, G.R. No. 218354, citizenship on a foreigner, subject to approval
[September 15, 2021]) or veto of the President).
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f. Enrolled his minor children of school Filipinos, or who have not evinced a
age in any of the recognized schools sincere desire to learn and embrace
where Philippine history, government the customs, traditions, and ideals of
and civics are taught or prescribed as the Filipinos;
part of the school curriculum, during
the entire period of the residence in the g. Citizens or subjects of nations with
Philippines required of him. whom the Philippines is at war; or
a. Having honorably held office under the (5) No Petition for Judicial Declaration of
Government of the Philippines or Philippine Citizenship
under that of any of the provinces,
cities, municipalities, or political The Court has consistently ruled that there is
subdivisions thereof; no proceeding established by law, or the Rules
b. Established a new industry or for the judicial declaration of the citizenship of
introduced a useful invention in the an individual. There is no specific legislation
Philippines; authorizing the institution of a judicial
c. Married to a Filipino woman; proceeding to declare that a given person is
d. Engaged as a teacher in the part of our citizenry.
Philippines in a public or recognized
private school not established for the It should be stressed that there is no specific
exclusive instruction of children of statutory or procedural rule which authorizes
persons of a particular nationality or
the direct filing of a petition for declaration of
race, in any of the branches of
election of Philippine citizenship before the
education or industry for a period of 2
years or more; or courts. The special proceeding provided under
e. Born in the Philippines. Section 2, Rule 108 of the Rules of Court on
Cancellation or Correction of Entries in the Civil
(4) Disqualifications [Section 4, CA 473] Registry, merely allows any interested party to
file an action for cancellation or correction of
a. Persons opposed to organized entry in the civil registry, i.e.,election, loss and
government or affiliated with groups recovery of citizenship [Republic v. Sagun,
who uphold and teach doctrines G.R. No. 187567, (February 15, 2012), 682
opposing all organized governments; PHIL 303-317]
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3. Must have good moral character Retention
4. Must have no disqualification Natural-born citizens of the Philippines who,
after the effectivity of R.A. 9225, become
b. Repatriation citizens of a foreign country shall retain their
Repatriation results in the recovery of the Philippine citizenship upon taking the aforesaid
original nationality. Therefore, if he is a natural- oath [Section 3, R.A. No. 9225].
born citizen before he lost his citizenship, he
will be restored to his former status as a Derivative Citizenship
natural-born Filipino [Bengson III v. HRET, The unmarried child, whether legitimate,
G.R. No. 142840 (2001)]. illegitimate or adopted, below eighteen (18)
years of age, of those who re-acquire
Mere filing of certificate of candidacy is not a Philippine citizenship upon effectivity of R.A.
sufficient act of repatriation. Repatriation No. 9225 shall be deemed citizens of the
requires an express and equivocal act Philippines [Section 4, R.A. No. 9225].
[Frivaldo v. COMELEC, G.R. No. 120295
(1989)]. Effect of retention or reacquisition:
Those who retain or re-acquire Philippine
In the absence of any official action or approval citizenship under this Act shall enjoy full civil
by proper authorities, a mere application for and political rights and be subject to all
repatriation does not, and cannot, amount to attendant liabilities and responsibilities under
an automatic reacquisition of the applicant’s existing laws of the Philippines.
Philippine citizenship [Labo v. COMELEC,
G.R. No. 86564 (1989)]. Conditions for enjoyment of full civil and
political rights
c. Legislative Act
Citizenship can be acquired by an alien thru
Right Condition
legislative naturalization in the form of a law
enacted by Congress bestowing Philippine
citizenship to an alien [So v. Republic, GR Suffrage Meet requirements under
No.170603 (2007)]. Section 1, Article V of the
1987 Constitution, R.A.
No. 9189 (Overseas
Citizenship can be reacquired by natural-born
Absentee Voting Act of
citizens of the Philippines who have lost their
2003), other existing
Philippine citizenship by reason of their laws.
naturalization as citizens of a foreign country
upon taking the oath of allegiance to the
Republic [Section 3, R.A. 9225]. Seeking (1) Meet the
elective qualifications for holding
public office such public office as
5. R.A. No. 9225 (CITIZENSHIP required by the
RETENTION AND REACQUISITION Constitution and existing
ACT OF 2003) laws and,
(2) at the time of the
Reacquisition filing of the certificate of
Natural-born citizens of the Philippines who candidacy, make a
have lost their Philippine citizenship by reason personal and sworn
of their naturalization as citizens of a foreign renunciation of any and
country are deemed to have reacquired all foreign citizenship
Philippine citizenship upon taking the oath of before any public officer
allegiance to the Republic [Section 3, R.A. authorized to administer
9225]. an oath.
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naturalization, or for the purpose of avoiding
Right Condition deportation and prosecution in the US [Tabasa
v. CA, G.R. No. 125793 (2006)].
Appointment (1) Subscribe and swear
to public to an oath of allegiance Mode of Repatriation
office to the Republic of the
Philippines and its duly If Repatriation Under 9225: Repatriation as a
constituted authorities mode of reacquiring Philippine citizenship does
prior to their assumption not require the filing of a petition in court. All
of office; that an applicant had to do is to take an oath of
allegiance to the Republic of the Philippines
(2) provided, that they and register said oath in the Local Civil Registry
renounce their oath of of the place where the person concerned
allegiance to the country resides or last resided [Angat, supra]. In
where they took that addition thereto, registration of the Certificate
oath. of Repatriation in the Bureau of Immigration is
a prerequisite in effecting the repatriation of a
Practice Apply with the proper citizen [Altarejos v. COMELEC, G.R. No.
profession in authority for a license or 163256 (2004)].
the permit to engage in such
Philippines practice. If Repatriation Under 8171: A petition for
repatriation shall be filed with the Special
[Section 5, R.A. No. 9225] Committee on Naturalization (SCN) which was
designated to process petitions for repatriation
The right to vote or be elected or appointed to pursuant to A.O. 285 dated August 22, 2006.
any public office in the Philippines cannot be [Tabasa v. CA, supra]
exercised by, or extended to, those who:
7. Renunciation of Reacquisition
1. Are candidates for or are occupying
any public office in the country of which A person who renounces all foreign citizenship
they are naturalized citizens; and/or
under Section 5(2) of R.A. No. 9225 recants
this renunciation by using his foreign passport
2. Are in active service as commissioned
or noncommissioned officers in the afterwards [Maquiling v. COMELEC, G.R. No.
armed forces of the country in which 195649 (2013)].
they are naturalized citizens.
D. Dual Citizenship and Dual
6. Repatriation under R.A. No. 8171 Allegiance
R.A. No. 8171, which lapsed into law on
October 23, 1995, is an act providing for the
1. Dual Citizenship
repatriation (a) of Filipino women who have lost
Allows a person who acquires foreign
their Philippine citizenship by marriage to
citizenship to simultaneously enjoy the rights
aliens and (b) of natural-born Filipinos who
he previously held as a Filipino citizen. This
have lost their Philippine citizenship on account
may be voluntary or accidental, and results in
of political or economic necessity, including
the application of different laws of two or more
their minor children [Angat v. Republic, GR No.
states to a dual citizen.
132244 (1999)].
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b. Public officers who, while serving the consequence of conflicting laws of different
government, seek citizenship in States.
another country.
Automatic Renunciation of Dual
3. Dual citizenship vs. dual Citizenship: Once a candidate files his
candidacy, he is deemed to have renounced
allegiance [Mercado v. Manzano, 307 his foreign citizenship in case of dual
SCRA 630 (1999)]. citizenship [Mercado v. Manzano, G.R. No.
135083 (1999)].
Dual Citizenship v. Dual Allegiance: Dual
citizenship arises when, as a result of the
concurrent application of the different laws of II. SOCIAL JUSTICE AND
two or more states, a person is simultaneously HUMAN RIGHTS
considered a national by the said states.
For instance, such a situation may arise when A. Concept of Social Justice
a person whose parents are citizens of a state SECTION 10, ARTICLE II. The State shall promote
which adheres to the principle of jus sanguinis social justice in all phases of national development.
is born in a state which follows the doctrine of
jus soli. SECTION 1. ARTICLE XIII. The Congress shall give
highest priority to the enactment of measures that
Such person, ipso facto is concurrently protect and enhance the right of all the people to
considered a citizen of both states. human dignity, reduce social, economic, and
political inequalities, and remove cultural inequities
by equitably diffusing wealth and political power for
Dual allegiance on the other hand, refers to a the common good. To this end, the State shall
situation in which a person simultaneously regulate the acquisition, ownership, use, and
owes, by some positive acts, loyalty to two or disposition of property and its increments.
more states. While dual citizenship is
involuntary, dual allegiance is the result of an SECTION 2, ARTICLE XIII. The promotion of social
individual’s volition justice shall include the commitment to create
economic opportunities based on freedom of
Local Electoral Disqualification for Dual initiative and self-reliance.
Allegiance Only: “Dual citizens” are
disqualified from running for any elective local Social justice refers to the promotion of the
position [Section 40(d), Local Government welfare of all the people, the adoption by the
Code]; this should be read as referring to “dual Government of measures calculated to insure
allegiance. economic stability of all the competent
Clearly, in including Section 5 in Article IV on
elements of society, through the maintenance
citizenship, the concern of the Constitutional
of a proper economic and social equilibrium in
Commission was not with dual citizens per se
but with naturalized citizens who maintain their the interrelations of the members of the
allegiance to their countries of origin even after community, constitutionally, through the
their naturalization. Hence, the phrase “dual adoption of measures legally justifiable, or
citizenship” in Section 40(d), R.A. No. 7160 extra constitutionally, through the exercise of
and in Section 20, R.A. No. 7854 must be powers underlying the existence of all
understood as referring to “dual allegiance.” governments on the time-honored principle of
salus populi est suprema lex.
Consequently, persons with mere dual
citizenship do not fall under this Social justice is the humanization of laws and
disqualification. For candidates with dual the equalization of social and economic forces
citizenship, it should suffice if, upon the filing of by the State so that justice in its rational and
their certificates of candidacy, they elect objectively secular conception may at least be
Philippine citizenship to terminate their status approximated. It must be founded on the
as persons with dual citizenship considering recognition of the necessity of
that their condition is the unavoidable interdependence among divers and diverse
units of a society and of the protection that
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should be equally and evenly extended to all The State shall regulate the relations between
groups as a combined force in our social and workers and employers, recognizing the right of
economic life, consistent with the fundamental labor to its just share in the fruits of production and
and paramount objective of the state of the right of enterprises to reasonable returns to
promoting the health, comfort, and quiet of all investments, and to expansion and growth.
persons, and of bringing about "the greatest
good to the greatest number" [Calalang v. it was ruled that the early retirement of an
Williams, G.R. 47800 (1940)]. employee due to a work-related ailment, as in
the case at bar, proves that he was really
We have repeatedly stressed that social justice disabled totally to further perform his assigned
— or any justice for that matter — is for the task, and to deny permanent total disability
deserving, whether he be a millionaire in his benefits when he was forced to retire would
mansion or a pauper in his hovel. It is true that, render inutile and meaningless the social
in case of reasonable doubt, we are to tilt the justice precept guaranteed by the Constitution.
balance in favor of the poor to whom the (Government Service Insurance System v.
Constitution fittingly extends its sympathy and Cadiz, G.R. No. 154093, [July 8, 2003], 453
compassion. But never is it justified to give PHIL 384-392)
preference to the poor simply because they are
poor, or reject the rich simply because they are Work is a necessity that has economic
rich, for justice must always be served for the significance deserving legal protection. The
poor and the rich alike according to the social justice and protection to labor provisions
mandate of the law. (Valencia v. Court of in the Constitution dictate so. Employers are
Appeals, G.R. No. 122363, [April 29, 2003], also accorded rights and privileges to assure
449 PHIL 711-741) their self-determination and independence and
reasonable return of capital. This mass of
B. Economic, Social and Cultural privileges comprises the so-called
Rights management prerogatives.
SECTION 5, ARTICLE XIII. The State shall with the private sector, a continuing program of
recognize the right of farmers, farmworkers, and urban land reform and housing which will make
landowners, as well as cooperatives, and other available at affordable cost, decent housing and
independent farmers’ organizations to participate in basic services to underprivileged and homeless
the planning, organization, and management of the citizens in urban centers and resettlement areas. It
program, and shall provide support to agriculture shall also promote adequate employment
through appropriate technology and research, and opportunities to such citizens. In the implementation
adequate financial, production, marketing, and other of such program the State shall respect the rights of
support services. small property owners.
SECTION 7, ARTICLE XIII. The State shall protect SECTION 10, ARTICLE XIII. Urban or rural poor
the rights of subsistence fishermen, especially of dwellers shall not be evicted nor their dwelling
local communities, to the preferential use of the demolished, except in accordance with law and in a
communal marine and fishing resources, both inland just and humane manner.
and offshore. It shall provide support to such
fishermen through appropriate technology and No resettlement of urban or rural dwellers shall be
research, adequate financial, production, and undertaken without adequate consultation with them
marketing assistance, and other services. The State and the communities where they are to be relocated.
shall also protect, develop, and conserve such
resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against The constitutional requirement (under Section
foreign intrusion. Fishworkers shall receive a just 10, Article XIII) that the eviction and demolition
share from their labor in the utilization of marine and be in accordance with law and conducted in a
fishing resources. just and humane manner does not mean that
the validity or legality of the demolition or
General welfare legislation such as land reform eviction is hinged on the existence of a
laws is to be construed in favor of the resettlement area designated or earmarked by
promotion of social justice to ensure the well- the government.
being and economic security of the people.
What is meant by "in accordance with law" and
The rationale for holding that the properties of "just and humane manner" is that the person to
the Hospicio are covered by P.D. No. 27 and be evicted be accorded due process or an
Rep. Act No. 6657 is so well-grounded in law opportunity to controvert the allegation that his
that it obviates any resort to the sordid game of or her occupation or possession of the property
choosing which of the two competing involved is unlawful or against the will of the
aspirations is nobler. The body which would landowner; that should the illegal or unlawful
have unquestionable discretion in assigning occupation be proven, the occupant be
hierarchical values on the modalities by which sufficiently notified before actual eviction or
social justice may be implemented is the demolition is done; and that there be no loss of
legislature. lives, physical injuries or unnecessary loss of
or damage to properties.
Land reform affords the opportunity for the
landless to break away from the vicious cycle Precisely, the enactment of an anti-squatting
of having to perpetually rely on the kindness of law affords the alleged "squatters" the
others. By refusing to exempt properties owned opportunity to present their case before a
by charitable institutions or maintained for competent court where their rights will be
charitable purposes from agrarian reform, the amply protected and due process strictly
legislature has indicated a policy choice which observed [People v. Leachon, G.R. Nos.
the Court is bound to implement [Hospicio de 108725-26 (1998)].
San Jose de Barili Cebu City v. Department of
Agrarian Reform, G.R. No. 140847 (2005)]. To ensure that evictions and demolitions are
conducted in a just and human manner,
3. Urban Land Reform and Housing Section 28, Para. 2 of R.A. No. 7279
commands officials to comply with the
SECTION 9, ARTICLE XIII. The State shall, by law, prescribed procedure in executing eviction
and for the common good, undertake, in cooperation
and/or demolition orders:
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4. Health
a. Notice upon the affected persons or entities
at least thirty (30) days prior to the date of
SECTION 9, ARTICLE XIII. The State shall adopt an
eviction or demolition;
integrated and comprehensive approach to health
development which shall endeavor to make
b. Adequate consultations on the matter of essential goods, health and other social services
settlement with the duly designated available to all the people at affordable cost. There
representatives of the families to be resettled shall be priority for the needs of the underprivileged,
and the affected communities in the areas sick, elderly, disabled, women, and children. The
State shall endeavor to provide free medical care to
where they are to be relocated;
paupers.
c. Presence of local government officials or
their representatives during eviction or
demolition; With the State's obligation to protect and
promote the right to health of the people and
d. Proper identification of all persons taking instill health consciousness among them
part in the demolition; (Article II, Section 15, 1987 Constitution), in
order to develop a healthy and alert citizenry
e. Execution of eviction or demolition only (Article XIV Section 19(1)), it became
during regular office hours from Mondays to mandatory for the government to supervise
Fridays and during good weather, unless the and control the proliferation of drugs in the
affected families consent otherwise; market.
f. No use of heavy equipment for demolition The BFAD is the government agency vested by
except for structures that are permanent and of law to make a mandatory and authoritative
concrete materials; determination of the true therapeutic effect of
drugs because it involves technical skill which
g. Proper uniforms for members of the is within its special competence. The health of
Philippine National Police who shall occupy the the citizenry should never be compromised
first line of law enforcement and observe [People v. Estrada, G.R. No. 124461 (2000)].
proper disturbance control procedures; and
The right to health in Articles XV and II is self-
h. Adequate relocation, whether temporary or executing. [Imbong v. Ochoa, supra]
permanent: Provided, however, That in cases
of eviction and demolition pursuant to a court 5. Women
order involving underprivileged and homeless SECTION 14, ARTICLE XIII. The State shall protect
citizens, relocation shall be undertaken by the working women by providing safe and healthful
local government unit concerned and the working conditions, taking into account their
National Housing Authority with the assistance maternal functions, and such facilities and
of other government agencies within forty-five opportunities that will enhance their welfare and
(45) days from service of notice of final enable them to realize their full potential in the
service of the nation.
judgment by the court, after which period the
said order shall be executed: Provided, further,
That should relocation not be possible within In Saudia v. Rebesencio [G.R. No. 198587
the said period, financial assistance in the (2015)], Rebesencio et. al. were not granted
amount equivalent to the prevailing minimum with their maternity leaves and were
daily wage multiplied by sixty (60) days shall be subsequently terminated by Saudia due to their
extended to the affected families by the local pregnancy.
government unit concerned [Kalipunan ng
Damayang Mahihirap v. Robredo, G.R. No. The Court ruled that Saudia's policy is
200903 (2014)]. discriminatory. There is the glaringly
discriminatory nature of Saudia's policy since it
entails the termination of employment of flight
attendants who become pregnant. At the risk of
SECTION 17, ARTICLE XIV. The State shall g. Monitor the Philippine Government's
recognize, respect, and protect the rights of
compliance with international treaty obligations
indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions. It on human rights;
shall consider these rights in the formulation of
national plans and policies. h. Grant immunity from prosecution to any
person whose testimony or whose possession
of documents or other evidence is necessary
The National Commission on Indigenous
or convenient to determine the truth in any
People (NCIP) was established to protect and
investigation conducted by it or under its
promote the interest and well-being of ICCs/IPs
authority;
with due regard to their beliefs, customs and
institutions (R.A. 8371).
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i. Request the assistance of any department, • Majority must be members of the
bureau, office, or agency in the performance of Philippine bar
its functions;
Terms [Sec. 2(c)]:
j. Appoint its officers and employees in • The term of office is fixed at 7 years,
accordance with law; and without reappointment.
• The terms of office are not staggered.
k. Perform such other duties and functions as • Appointment to a vacancy is only for
may be provided by law [Section 18, Article the unexpired portion of the term.
XIII, 1987 Constitution].
Executive Order 163-A, which provided that the
The Constitution clearly and categorically members of the CHR serve “at the pleasure of
grants to the Commission the power to the president”, is unconstitutional as it violates
investigate all forms of human rights violations the independence of the CHR. While they may
involving civil and political rights. But it cannot be sanctioned or even removed (e.g., by the
try and decide cases (or hear and determine Ombudsman), it must be for cause. [See
causes) as courts of justice, or even quasi- Bautista v. Salonga, supra]
judicial bodies do.
Note: Members of the CHR are not
To investigate is not to adjudicate or adjudge impeachable officers, and the CHR is not
[Cariño v. CHR, G.R.No. 96681 (1991)]. among the constitutional commissions.
2. Composition and Qualification of Section 5, Article XIV. (1) the State shall take into
Members account regional and sectoral needs and conditions
and shall encourage local planning in the
SECTION 17(2), ARTICLE XIII. The Commission development of educational policies and programs.
shall be composed of a Chairman and four Members
who must be natural-born citizens of the Philippines (2)Academic freedom shall be enjoyed in all
and a majority of whom shall be members of the Bar. institutions of higher learning.
The term of office and other qualifications and
disabilities of the Members of the Commission shall (3) Every citizen has a right to select a profession or
be provided by law. course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
The CHR’s terms and qualifications are defined (4) The State shall enhance the right of teachers to
in EO 163 series of 1987. Under this: professional advancement. Non-teaching academic
and non-academic personnel shall enjoy the
protection of the State.
Qualifications [Sec 2(a)]:
• Natural-born Filipinos (5) The State shall assign the highest budgetary
• At least 35 years of age at the time of priority to education and ensure that teaching will
appointment. attract and retain its rightful share of the best
available talents through adequate remuneration
• must not have been candidates for any
and other means of job satisfaction and fulfillment.
elective position in the elections
immediately preceding their
appointment
Capital requirement refers to total voting The right to the dividends, jus fruendi - a right
stock, not total outstanding shares [Gamboa v. emanating from ownership of that "specific
Teves, G.R. No. 176579 (2011)]. stock" necessarily accrues to its Filipino
"beneficial owner" [Roy III v. Herbosa, G.R. No.
Capital restrictions apply not just to the voting 207246 (2016)].
stock, but also separately to each class of
shares [Gamboa v. Teves, G.R. No. 176579 3. Filipino First
(2012)]. SECTION 10, PARA. 2-3, ARTICLE XII. In the
grant of rights, privileges, and concessions
Level 2: Indirect Ownership Level covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.
Based on Narra Nickel Mining and Dev’t Corp.
The State shall regulate and exercise authority over
v. Redmont Consolidated Mines Corp. [G.R.
foreign investments within its national jurisdiction
No. 195580 (2014)]: and in accordance with its national goals and
priorities.
General Rule – Control Test
Shares belonging to juridical entities at least
60% of the capital of which is owned by Filipino Such provision is per se enforceable and
citizens shall be considered as of Philippine requires no further guidelines or implementing
nationality. rules or laws for its operation [Manila Prince
Hotel v. GSIS, G.R. No. 122156 (1997)].
Exception – Grandfather Rule
The combined totals in the Investing The Constitution does not impose a policy of
Corporation and the Investee Corporation must Filipino monopoly of the economic
be traced (i.e., “grandfathered”) to determine environment. It does not rule out the entry of
the total percentage of Filipino ownership. foreign investments, goods, and services.
While it does not encourage their unlimited
Indicators of Doubt [Narra Nickel Mining and entry into the country, it does not prohibit them
Dev’t Corp. v. Redmont Consolidated Mines either.
Corp., G.R. No. 195580 (2015)]
Public as the Beneficial Owner of Trust By Law. Congress may, by law, allow small-
Resources scale utilization of natural resources by Filipino
These exigencies forced the public trust citizens; or
doctrine to evolve from a mere principle to a
resource management term and tool flexible Presidential Agreements. For the large- scale
enough to adapt to changing social priorities exploration, development and utilization of
and address the correlative and consequent minerals, petroleum and other mineral oils, the
dangers thereof. The public is regarded as President may enter into agreements with
the beneficial owner of trust resources, and foreign-owned corporations involving technical
courts can enforce the public trust doctrine or financial assistance subject to the following
even against the government itself. limitations:
Requisites for a Valid Service Contract Foreshore land is that part of the land which is
under the Constitution between the high and low water, and left dry by
the flux and reflux of the tides. It is part of the
a. A general law that will set standards or alienable land of the public domain and may be
uniform terms, conditions, and disposed of only by lease and not otherwise
requirements [Republic v. Imperial, supra].
CONSTITUTIONAL LAW 2
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Art. III contains the chief protection for human
rights, but the body of the Constitution
CONSTITUTIONAL guarantees other rights as well.
Article XIII, Section 1. The Congress shall give The guarantee extends to aliens and includes
highest priority to the enactment of measures that the means of livelihood [Villegas v. Hiu Chiong,
protect and enhance the right of all the people to G.R. No. L-29646 (1978)].
human dignity, reduce social, economic, and
political inequalities by equitably diffusing wealth
and political power for the common good. 1. Procedural and Substantive
General Rule: The minimum requirements of Both the void for vagueness doctrine and the
due process are notice and hearing. overbreadth doctrine are subject to the same
principles. For one, it is also an analytical tool
Exceptions: However, notice and hearing are for a “facial” challenge of statutes in free
not required in every case, for there are an speech cases. Like overbreadth, it is said that
admitted number of exceptions in view of the
Twin requirements which constitute the essential 1. The students must be informed in writing of
elements of due process [Perez v. Philippine the nature and cause of any accusation
Telegraph and Telephone Company, G.R. No. against them;
152048, (2009)]: 2. They shall have the right to answer the
charges against them, with the assistance of
Notice counsel, if desired;
The employer must furnish the employee with 3. They shall be informed of the evidence
two written notices before the termination of against them;
employment can be effected: 4. They shall have the right to adduce evidence
1. The first is to apprise the employee of the in their own behalf;
particular acts or omissions for which his 5. The evidence must be duly considered by
dismissal is sought; and the investigating committee or official
2. The second informs the employee of the designated by the school authorities to hear
employer’s decision to dismiss him. and decide the case [Non v. Dames, G.R.
No. 89317 (1990)].
Hearing
Due process of law simply means giving The proceedings may be summary. Cross-
opportunity to be heard before judgment is examination is not an essential part of the
rendered. This “procedural due process” investigation or hearing. The required proof in a
requirement is not constitutional but merely student disciplinary action is substantial
statutory, hence, a violation of such requirement evidence. What is crucial is that official action
does not render the dismissal void. The must meet minimum standards of fairness to the
employer must be sanctioned for non- individual, which generally encompass the right
compliance with the requirements of, or for of adequate notice and a meaningful opportunity
to be heard [Id.].
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A John Doe search warrant is valid. There is Effect of a Void Arrest Warrant
nothing to prevent issue and service of warrant A void arrest warrant would render the arrest
against a party whose name is unknown invalid and illegal.
[People v. Veloso, G.R. No. 23051 (1925)].
The illegality of an arrest does not bar the state
General Warrant from the prosecution of the accused. Despite
Refers to a warrant that: illegality of both search and arrest thus
1. Does not describe with particularity the inadmissibility of evidence acquired, guilt may
things subject of the search and seizure; or still be established through eyewitness
2. Where probable cause has not been testimony [People v. Manlulu, G.R. No. 102140
properly established. (1994)].
Effects of a General Warrant
It is a void warrant [Nolasco v. Paño, G.R. No. a. Arrest Warrant
L-69803 (1985)]. A written document issued by a court ordering
any peace officer to bring the person before the
Any evidence obtained in violation [of this or court so that he may be bound to answer for
the preceding section] shall be inadmissible for the commission of an offense.
any purpose in any proceeding [Art. III, Sec. 3].
The unconstitutionality of the search and the b. Search Warrant
seizure or the use of a void search warrant, An order in writing, issued in the name of the
renders the items seized inadmissible in People of the Philippines, signed by a judge
evidence. and directed to a peace officer, commanding
him to search for certain personal property and
bring it before the court [Sec. 1, Rule 126,
ROC].
In determining probable cause, the judge need In determining probable cause, the judge is
not examine the complainant and its witnesses required to personally examine the applicant
and may rely on the findings of the prosecutor. and the witnesses in searching questions, in
Judge may adopt the prosecutor’s findings, writing, and in oath.
disregard it and require the submission of
additional documents within five (5) days, or
dismiss the case right away.
It may be issued only by a court of competent It can be issued by a court without jurisdiction.
jurisdiction. However, if the resultant case is a criminal
case implicating individuals, it must be
transferred to a court with competent
jurisdiction.
Though kidnapping with serious illegal There is no personal knowledge when the
detention is deemed a continuing crime, it can commission of a crime and identity of the
be considered as such only when the accused were merely furnished by an
deprivation of liberty is persistent and informant, or when the location of the firearm
continuing from one place to another [Parulan was given by the wife of the accused. It is not
v. Dir. of Prisons, G.R. No. L-28519 (1968)]. enough that there is reasonable ground to
believe that the person to be arrested has
Buy-Bust; When Not Proper committed a crime. That a crime has actually
A buy-bust operation is a valid in flagrante been committed is an essential precondition
arrest. The subsequent search of the person [People v. Burgos, G.R. No. L-68955 (1986)].
arrested and the premises within his immediate
control is valid as an incident to a lawful arrest c. Escaped Prisoners
[People v. Hindoy, G.R. No. 132662 (2001)].
When the person to be arrested is a prisoner
Instead of arresting the suspect after the sale who has escaped from a penal establishment
in a buy-bust operation, the officer returned to or place where he is serving final judgment or
the police headquarters and filed his report. It is temporarily confined while his case is
was only in the evening that he, without pending, or has escaped while being
warrant, arrested the suspect at his house transferred from one confinement to another.
where dried marijuana leaves were found
and seized. This is unlawful arrest [People v. d. Additional Exceptions
Rodriguez, G.R. No. 138987 (1992)].
When the Right is Voluntarily Waived
b. Hot Pursuit (Estoppel)
Appellant is estopped from questioning the
When an offense has just been committed and illegality of the arrest when he voluntarily
he has probable cause to believe based on submitted himself to the jurisdiction of the court
personal knowledge of facts or circumstances by entering a plea of not guilty and by
that the person to be arrested has committed it participating in the trial [People v. Salvatierra,
G.R. No. 104663 (1997)].
“Stop and search” without a warrant at military The waiver may be express or implied. When
or police checkpoints has been declared not to one voluntarily submits to a search or consents
be illegal per se so long as it is required by to have it made of his person/premises, he is
exigencies of public order and conducted in a precluded from later complaining [People v.
way least intrusive to motorists [Valmonte v. de Kagui Malasugui, G.R. No. 44335 (1936)].
Villa, G.R. No. 83988 (1989)].
There is presumption against waiver by the
These are permissible if limited to the courts. It is the State that has the burden of
following: proving, by clear and convincing evidence, that
1. Where the officer merely draws aside the the necessary consent was obtained and that it
curtain of a vacant vehicle which is parked was voluntarily and freely given [Caballes v.
on the public fair grounds; CA, supra].
2. Simply looks into a vehicle;
3. Flashes a light therein without opening the e. Customs Search (Enforcement of
car’s doors; Fishing, Customs, and Immigration
4. Where the occupants are not subjected to Law)
a physical or body search;
5. Where the inspection of the vehicles is The police are allowed to conduct warrantless
limited to a visual search or visual searches on behalf of the Department of
inspection; and Customs.
6. Where the routine check is conducted in a
fixed area. They are authorized to open and examine any
box, trunk, or other containers where he has
It is well to clarify, however, that routine reasonable cause to believe that such items
inspections do not give police officers carte were hidden from customs search [Papa v.
blanche discretion to conduct warrantless Mago, G.R. No. L-27360 (1968)].
searches in the absence of probable cause.
When a vehicle is stopped and subjected to an Sec. 219 of the Customs Modernization and
extensive search - as opposed to a mere Tariff Act states that no warrant is required for
routine inspection - such a warrantless search police or authorized persons to pass, enter,
has been held to be valid only as long as the search any land, enclosure, building,
officers conducting the search have warehouse, vessels, aircrafts, vehicles but not
reasonable or probable cause to believe before dwelling.
the search that they will find the instrumentality
or evidence pertaining to a crime, in the vehicle Purpose of Customs Search
to be searched [People v. Manago, G.R. No. To verify whether or not custom duties and
212340 (2016)]. taxes were paid for their importation.
Once the primary source (tree) is shown to In Ople v. Torres, different provisions in the
have been unlawfully obtained, any secondary 1987 Constitution also constitute zones of
or derivative evidence (fruit) derived from it is privacy:
also inadmissible. a. Sec. 3 – Privacy of communication
b. Sec. 1 – Life, liberty, and property
Effects of Unreasonable Searches and c. Sec. 2 – Unreasonable searches and
Seizures seizures
An unlawful search will result in the exclusion d. Sec. 6 – Liberty of abode
from admission as evidence of that which was e. Sec. 8 – Right to form associations
obtained from such unlawful search and f. Sec. 17 – Right against self-incrimination
seizure.
Three Strands of the Right to Privacy
Further, an unlawful search and seizure may 1. Decisional Privacy - Liberty in the
justify: constitutional sense must mean more than
1. The use of self-help in the form of freedom from unlawful governmental
resistance to such unlawful search and restraint; it must include privacy as well, if
seizure; it is to be a repository of freedom. The right
2. The criminal prosecution of the searching to be let alone is indeed the beginning of all
officer; freedom … The concept of liberty would be
3. Civil damages against such officer; and emasculated if it does not likewise compel
4. Disciplinary action against the officer by his respect for his personality as a unique
administrative officers [Bautista]. individual whose claim to privacy and
interference demands respect [Morfe v.
E. Privacy of Communications Mutuc, G.R. No. L-20387 (1968)].
and Correspondence 2. Informational Privacy - Right of an
individual not to have private information
about himself disclosed; and the right of an
Article III, Section 3. individual to live freely without surveillance
(1) The privacy of communication and
and intrusion [Whalen v. Roe, 429 US 589,
correspondence shall be inviolable except upon
lawful order of the court, or when public safety (1977)].
or order requires otherwise as prescribed by 3. Locational or Situational Privacy -
law. Privacy that is felt in physical space, such
(2) Any evidence obtained in violation of this or the as that which may be violated by trespass
preceding section shall be inadmissible for any or unwarranted searches and seizure
purpose in any proceeding.
[Vivares v. St. Therese College, G.R. No.
202666 (2014)].
It is not a preferred right, Because of the preferred character of the constitutional rights of the
thus there is no freedom of speech and of expression, a weighty presumption of
presumption of invalidity invalidity vitiates measures of prior restraint upon the exercise of
on encroachments of right such freedoms [Ayer Productions Pty. Ltd. v. Capulong, G.R. No.
to privacy. 82380 (1988)].
Content-Based v. Content-Neutral
CONTENT-BASED CONTENT-NEUTRAL
Object of restraint
The content: The message or idea of the Incidents of speech: the time, manner, place
expression. of the expression in public places, not the
content.
CONTENT-BASED CONTENT-NEUTRAL
Test
a. Clear and present danger test: There must Only a substantial governmental interest is
be a clear and present danger of a required for its validity.
substantive evil that the State has a right to
prevent [Reyes v. Bagatsing, supra]. Intermediate approach: Somewhere between
b. Balancing of interests the mere rationality that is required of any other
c. Dangerous Tendency law and the compelling interest standard applied
d. Direct Incitement to content-based restrictions [Chavez v.
Gonzales, supra].
A statute or act may be said to be vague when When a particular conduct is regulated in the
it lacks comprehensible standards that men of interest of public order, and the regulation
common intelligence must necessarily guess at results in an indirect, conditional and partial
its meaning and differ in its application [Estrada abridgement of speech, the duty of the courts
v. Sandiganbayan, G.R. No. 148560 (2001)]. is to determine which of the two conflicting
4. Tests to Determine the Validity of interests demands greater protection
Governmental Regulation [American Communications v. Douds, 339 U.S.
382 (1950)].
a. Clear and Present Danger Test
The test is applied when two legitimate values
The question in every case is whether the not involving national security crimes compete
words used are used in such circumstances [Gonzales v. COMELEC, supra].
and are of such a nature as to create a clear
and present danger that they will bring about Factors to Consider
the substantive evils that Congress has a right 1. Social value of the freedom restricted;
to prevent. It is a question of proximity and 2. Specific thrust of the restriction, i.e., direct
degree [Schenck v. US, 249 U.S. 47 (1919)]. or indirect, affects many or few;
3. Value of the public interest sought to be
Burden of proof: With the government secured by the regulation;
4. Whether the restriction is reasonably
This rule also requires that “the danger created appropriate and necessary for the
must not only be clear and present but also protection of the public interest;
traceable to the ideas expressed”. 5. Whether the necessary safeguarding of the
1. CLEAR – there must be a connection with public interest may be achieved by a
the danger of the substantive evil arising measure less restrictive of the protected
from the utterance questioned. freedom [Soriano v. Laguardia, G.R. No.
2. PRESENT - involves the time element, 164785 (2010)].
identified with imminent and immediate
danger. The danger must not only be c. Dangerous Tendency Test
probable but very likely inevitable
[Gonzales v. COMELEC, supra]. In each case, courts must ask whether the
gravity of the “evil,” discounted by its
The evil consequence of the comment or improbability, justifies such invasion of free
utterance must be “extremely serious and the speech as is necessary to avoid the danger
degree of imminence extremely high” before [Dennis v. US, 341 US 494 (1951)].
the utterance can be punished. The danger to
be guarded against is the “substantive evil” Under this test, the question is whether the
sought to be prevented. And this evil is words will create a dangerous tendency that
primarily the “disorderly and unfair the state has a right to prevent. It looks at the
administration of justice.” [...] Under this rule, probability that a substantive evil will result,
the advocacy of ideas cannot constitutionally and it is not necessary that some definite or
be abridged unless there is a clear and present immediate acts of force, violence, or
danger that such advocacy will harm the unlawfulness be advocated [Cabansag v.
Fernandez, supra].
Political Speech
Four Aspects of Freedom of the Press
Political speech is pure and protected speech.
1. Freedom from prior restraint; The government is required to prove a “true
2. Freedom from punishment subsequent to
threat,” it cannot punish mere political
publication;
hyperbole [Watts v. US, 394 US 705 (1969)].
3. Freedom of access to information; and
4. Freedom of circulation [Chavez v.
A tarpaulin that expresses a political opinion
Gonzales, supra].
constitutes political speech. Speech that
promotes dialogue on public affairs, or airs out
Print vs. Broadcast Media grievances and political discontent, should be
While all forms of communication are entitled protected and encouraged [Diocese of Bacolod
to the broad protection of freedom of v. COMELEC, supra].
expression clause, the freedom of film,
television, and radio broadcasting is somewhat
Political Speech v. Commercial Speech
lesser than the freedom accorded to
newspapers and other print media [Chavez v. Political Speech Commercial Speech
Gonzales, supra].
Speech “both Speech that does “no
intended and more than propose a
Radio and television are accorded less
received as a commercial
protection because of:
contribution to public transaction.”
1. The scarcity of the frequencies by which
deliberation about
the medium operates, i.e., airwaves are some issue,”
physically limited while print medium may “foster[ing] informed
be limitless; and civic minded
2. Its pervasiveness as a medium; and deliberation.”
3. Its unique accessibility to children [FCC v.
Pacifica Foundation, 438 US 726 (1978)].
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7. Unprotected Speech persistent and unmitigated dissemination of
patent lies.
a. Hate Speech
Group Libel
Speech designed to promote hatred on the Where the defamation is alleged to have been
basis of race, religion, ethnicity or national directed at a group or class, it is essential that
origin [Rosenfield, Hate Speech in the statement must be so sweeping or all-
Constitutional Jurisprudence]. embracing as to apply to every individual in that
group or class, or sufficiently specific so that
International Covenant on Civil and each individual in the class or group can prove
Political Rights that the defamatory statement specifically
The Covenant mandates State Parties to pointed to him, so that he can bring the action
prohibit by law “[a]ny advocacy of national, separately, if need be [Newsweek, Inc. v. IAC,
racial or religious hatred that constitutes G.R. No. L-63559 (1986)].
incitement to discrimination, hostility or
violence” [ICCPR, Art. 20]. As the size of these groups increases, the
chances for members of such groups to
In Philippine jurisdiction, it is arguable that recover damages for tortious libel become
“hate speech” is not protected speech. In elusive. This principle is said to embrace two
Diocese of Bacolod v. COMELEC, the Court important public policies:
recognized that the right to freedom of 1. Where the group referred to is large, the
expression is not absolute [and that] some courts presume that no reasonable reader
forms of speech are still subject to some would take the statements as so literally
restrictions. applying to each individual member; and
2. The limitation on liability would
b. Defamation and Libel satisfactorily safeguard freedom of speech
and expression, as well as of the press,
Libel effecting a sound compromise between the
conflicting fundamental interests involved
Libel is not constitutionally protected speech.
The government has an obligation to protect in libel cases [MVRS v. Islamic Da’wah
Council of the Philippines, G.R. No.
individuals from defamation [Disini v. Sec. of
135306 (2003)].
Justice, supra].
The onus of proving malice shifts to the plaintiff, c. Sedition and Speech in Relation to
who must prove that the defendants were Rebellion
actuated by ill will in what they caused to be
published, with a design to injure the plaintiff. Heckler’s Veto
Heckler’s veto is an attempt to limit unpopular
In US v. Bustos, supra, a criminal action was speech. This occurs when an acting party’s
instituted against defendants for allegedly right to freedom of speech is curtailed or
publishing writings which were libelous against restricted by the government in order to
a justice of the peace. The SC held that the prevent a reacting party’s behavior.
said writings constitute qualifiedly privileged
matter as public opinion, therefore, they cannot For example, an unpopular group wants to hold
be presumed malicious. a rally and asks for a permit. The government
is not allowed to refuse the permit based on the
In In Re: Jurado [A.M. No. 93-2-037 SC beliefs of the applicants, but the government
(1995)], the SC held that false reports about a may deny the permit on the ground of fear that
public official or other person are not shielded many people will be outraged and cause
from sanction by the right to free speech. Free violent protests, not because the government
speech has never countenanced the disapproves of the group’s message.
publication of falsehoods, especially the
Freedom of Expression and Obscenity muna, sige nakakalibog” (go ahead, go ahead,
Determination: Community Standard it is erotic), during the performance [People v.
Pictures depicting inhabitants of the country in Aparici, 52 OG 249 (1955)].
their native dress as they appear and can be
seen in the regions in which they live are not Child Pornography
obscene or indecent. The pictures in question The State is entitled to greater leeway in the
merely depict persons as they actually live, regulation of pornographic depictions of
without attempted presentation of persons in children because:
unusual postures or dress [People v. Kottinger, a. A state’s interest in safeguarding the
G.R. No. 20569 (1923)]. physical and psychological well-being of a
minor is compelling. The prevention of
A dance portraying the life of a widow who lost sexual exploitation and abuse of children
her husband cannot be considered protected constitutes a government objective of
speech if the audience, about a hundred surpassing importance.
customers, was howling and shouting, “sige
Separation
Purpose Protects the principle of church-separation with
The twin clauses of free exercise and non- a rigid reading of the principle.
establishment express an underlying relational
concept of separation between religion and Strict Separation
secular government. [Bernas]. ● The wall of separation is meant to protect
the state from the church.
Concept of Religion ● There is an absolute barrier to formal
“In Philippine jurisprudence, religion, for interdependence of religion and state.
purposes of the religion clauses, has thus far ● There is hostility between the two.
been interpreted as theistic. In 1937, the
Philippine case of Aglipay v. Ruiz involving the
Establishment Clause, defined religion as a
Jurisprudence
The non-establishment of religion clause is not Limited Public Aid to Religion
equivalent to indifference to religion. It bears to Article VI, Section 29(2). No public money or
emphasize that the Constitution establishes property shall be appropriated, applied, paid, or
separation of the Church and the State, and not employed, directly or indirectly, for the use, benefit,
or support of any sect, church, denomination,
separation of religion and state [Peralta v. sectarian institution, or system of religion, or of any
Philippine Postal Corporation, G.R. No. priest, preacher, minister, other religious teacher, or
223395 (2018)]. dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the
The Constitutional “wall” between the Church armed forces, or to any penal institution, or
and the State, has been jurisprudentially government orphanage or leprosarium.
recognized to stem from the country’s
unfortunate collective experience when the two
institutions are commingled into one entity,
exercising both power and influence,
Issuing authority
A hold departure order is but an exercise of the Precautionary Hold Departure Order
[Sandiganbayan’s] inherent power to preserve It is an order in writing issued by a court,
and to maintain the effectiveness of its commanding the Bureau of Immigration to
jurisdiction over the case and the person of the prevent any attempt by a person suspected of
accused [Santiago v. Vasquez, G.R. Nos. a crime to depart from the Philippines which
99289-90 (1993)]. shall be issued ex-parte in cases involving
crimes where the minimum of the penalty
Holding an accused in a criminal case within prescribed by law is at least six years and one
the reach of the courts by preventing his day or when the offender is a foreigner
departure from the Philippines must be regardless of the imposable penalty [Rule on
considered as a valid restriction on his right to Precautionary Hold Departure Order, A.M. No.
travel so that he may be dealt with in 18-07-05-SC, Sec. 1].
accordance with law [Silverio v. CA, G.R. No.
94284 (1991)]. Who Files an Application for a PHDP?
Prosecutor.
Under the existing laws, the following Taking vs. Transfer of Title
may exercise the power of expropriation: There is taking when the owner is actually
1. Congress deprived or dispossessed of his property, or
2. President when there is a practical destruction or a
3. Local legislative bodies material impairment of the value of his
4. Certain public corporations, like the property, or when he is deprived of the ordinary
National Housing Authority (NHA) and use thereof [Republic v. Heirs of Borbon, 750
water districts [Metropolitan Cebu Water Phil. 37-56 (2015), citing Ansaldo v. Tantuico,
District v. J. King and Sons Company, Inc., Jr., 266 Phil. 319 (1990)].
G.R. No. 175983 (2009)]
5. Quasi-public corporations like the Two Phases of Expropriation:
Philippine National Railways (PNR), PLDT, a. The condemnation of the property after it is
and Meralco determined that its acquisition will be for a
public purpose or public use; and
Requisites for Valid Exercise b. The determination of just compensation to
1. Private property; be paid for the taking of private property to
2. Genuine necessity — Inherent/presumed be made by the court with the assistance of
in legislation, but when the power is not more than three commissioners
delegated (e.g., LGUs), necessity must be [Republic v. Mupas, supra].
proven;
3. For public use - Court has adopted a broad Eminent Domain vs. Regulatory Taking
definition of “public use”; a. Eminent domain is an inherent power of the
4. Payment of just compensation; state. Just compensation must be paid.
5. Due process [Manapat v. CA, supra]. b. Regulatory taking is done in the exercise of
the state’s police power. In this case, just
How Exercised compensation need not be paid.
Our laws require that the State’s power of
eminent domain shall be exercised through Examples from Jurisprudence
expropriation proceedings in court. Whenever The imposition of an aerial easement of right-
private property is taken for public use, it of-way was held to be compensable taking.
becomes the ministerial duty of the concerned The exercise of the power of eminent domain
office or agency to initiate expropriation does not always result in the taking or
proceedings [Department of Transportation appropriation of title to the expropriated
and Communication v. Sps. Abecina, G.R. No. property; it may also result in the imposition of
206484 (2016)]. a burden upon the owner of the condemned
property, without loss of title or possession
Prior filing of an expropriation case is a [National Power Corporation v. Gutierrez, G.R.
condition sine qua non before the government No. 60077 (1991)].
is allowed to enter the property being reclaimed
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A municipal ordinance prohibiting a building owners to just compensation has been
which would impair the view of the plaza from violated.
the highway was considered regulatory taking
[People v. Fajardo, G.R. No. L-12172 (1958)]. Section 3(a) of R.A. No. 6395, which limits its
liability to easement fee of not more than 10%
2. Public Use of the market value of the property traversed by
Any use directly available to the general public its transmission lines, cannot restrict the
as a matter of right and not merely of constitutional power of the courts to determine
forbearance of accommodation. just compensation.
Public use may also cover uses which, while Statutes and executive issuances fixing or
not directly available to the public, redound to providing for the method of computation just
their indirect advantage or benefit. compensation are not binding on courts and, at
best, are treated as mere guidelines in
The requirement of public use is deemed ascertaining the amount thereof.
satisfied because of the vicarious advantages
enjoyed by the people as a whole, by the General Rule: Just compensation is
promotion of social justice objectives (e.g., determined as of the date of the taking of the
equitable diffusion of property ownership; property, or the filing of the complaint,
agrarian reform; enhancement of the dignity; whichever came first [Sec. 4, Rule 67, Rules of
welfare and security of the underprivileged). Court]. If the filing of the complaint takes place
Under the new concept, “public use” means at the same time as the taking or entry, it is
public advantage, convenience or benefit, computed at the time of filing [City of Iloilo v.
which tends to contribute to the general welfare Judge Contreras-Besana, G.R. No. 168967
and the prosperity of the whole community, like (2010)].
a resort complex for tourists or housing project
[Heirs of Juancho Ardona v. Reyes, G.R. Nos. When the taking of the property sought to be
L-60549, 60553-60555 (1983); Sumulong v. expropriated coincides with the
Guerrero, G.R. No. L-48685 (1987)]. commencement of the expropriation
proceedings, or takes place subsequent to the
3. Just Compensation filing of the complaint for eminent domain, the
just compensation should be determined as of
a. Definition the date of the filing of the complaint [City of
The property’s fair market value at the time of Iloilo v. Judge Contreras-Besana, supra].
the filing of the complaint, or that sum of money
which a person desirous to buy but not Exception: When the property is taken before
compelled to buy, and an owner willing but not the filing of the complaint, assessment should
compelled to sell, would agree on as price to be made as of the time of taking or entry.
be given and received therefor [National Power
Corporation v. De Veyra, G.R. No. L-15763 The Court uniformly ruled in Secretary of the
(2008)]. Department of Public Works and Highways v.
Sps. Tecson [G.R. No. 179334 (2013)] that in
a long line of cases, the fair market value of the
b. Determination of Just
property at the time of taking is controlling for
Compensation purposes of determining just compensation
Determination of just compensation is a judicial
[Estate of Rodriguez v. National Transmission
function that cannot be “usurped by any other
Corporation, G.R. No. 245377 (2020)].
branch or official of the government” [National
Power Corporation v. Sps. Zabala, G.R. No.
In cases where the fair market value of the
173520 (2013)].
property is difficult to ascertain, the court may
use other just and equitable market methods of
No legislative enactments or executive
valuation in order to estimate the fair market
issuances can prevent the courts from
determining whether the right of the property
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value of the property [Republic v. Mupas, the difference between the just
supra]. compensation as determined by the court
and the amount already or initially paid
In order to determine just compensation, the [Republic v. Decena, et al., supra].
trial court should first ascertain the market
value of the property by considering the cost of c. Effect of Delay
acquisition, the current value of like properties,
its actual or potential uses, and in the particular General Rule: For non-payment, the remedy
case of lands, their size, shape, location, and is the demand of payment of the fair market
the tax declarations thereon [Republic v. Sps. value of the property and not the recovery of
Salvador, G.R. No. 205428 (2017)]. possession of the expropriated lots [Republic v.
Court of Appeals, G.R. No. 146587 (2002);
If as a result of the expropriation, the remaining Reyes v. National Housing Authority, G.R. No.
lot suffers from an impairment or decrease in 147511 (2003)].
value, consequential damages may be
awarded by the trial court, provided that the Exception: When the government fails to pay
consequential benefits which may arise from just compensation within five years from the
the expropriation do not exceed said damages finality of the judgment in the expropriation
suffered by the owner of the property [Republic proceedings, the owners concerned shall have
v. Sps. Salvador, supra]. the right to recover possession of their property
[Republic v. Lim, G.R. No. 161656 (2005)].
The right is recognized as belonging to people Article III, Section 10. No law impairing the
whether employed or unemployed, and obligation of contracts shall be passed.
whether in the government or in the private
sector includes the right to unionize. 1. Scope and Limitations
The State does not infringe on the fundamental The non-impairment clause ensures that the
right to form lawful associations when it leaves integrity of contracts is protected from any
to citizens the power and liberty to affiliate or unwarranted State interference. It ensures that
not affiliate with labor unions [Victoriano v. the terms of a contract mutually agreed upon
Elizalde Rope Workers Union, supra]. by the parties are not tampered with or
modified by a subsequent law [BDO, Inc. v.
Every group has a right to join the democratic ICEC, G.R. Nos. 218485-86 & 218493-97
process, association itself being an act of (2021)].
expression of the member’s belief, even if the
group offends the sensibilities of the majority. The non-impairment clause is limited in
Any restriction to such requires a compelling application to laws that derogate from prior acts
state interest to be proven by the State [Ang or contracts by enlarging, abridging or in any
Ladlad LGBT Party v. COMELEC, G.R. No. manner changing the intention of the parties
190582 (2010)]. [PADPAO v. COMELEC, G.R. No. 223505
(2017)].
Political parties may freely be formed although
there is a restriction on their activities [...] but This provision prohibits the passing of a law
the ban is narrow, not total. It operates only on that changes the terms of an already existing
concerted or group action of political parties. contract which:
1. Changes the terms of a contract between
A political group should not be hindered solely the parties;
because it seeks to publicly debate
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CONSTITUTIONAL LAW 2 POLITICAL LAW
2. Imposes new conditions; Examples of Valid Impairment of
3. Dispenses with those agreed upon; or Contracts
4. Withdraws remedies for the enforcement of 1. Invalidating contracts concerning forest
the rights of the parties [PADPAO v. lands. Preservation of forest lands could
COMELEC, supra]. entail intrusion upon contractual rights if it
is for the benefit of the many [Land Bank of
A change in procedural remedies which does the Phils. v. Republic, G.R. No. 150824
not diminish substantive rights or increase (2008)].
substantive obligations does not violate the 2. Caps on the rates that cooperatives can
guarantee. charge [SURNECO v. Energy Regulatory
Commission, G.R. No. 183626 (2010)].
Substantial impairment is a law which changes 3. Municipal ordinance, invalidating
the terms of a legal contract between parties, restrictions set by private developers
either in the time or mode of performance, or regarding the use of land [Learning Child,
imposes new conditions, or dispenses with Inc. v. Ayala Alabang Village Association,
those expressed, or authorizes for its G.R. No. 134269 (2010)].
satisfaction something different from that
provided in its terms, is law which impairs the c. Exclusions
obligation of a contract and is therefore null and The non-impairment clause is a limit on
void [Lepanto Consolidated Mining Co. v. legislative power, and not of judicial or quasi-
WMC Resources Int’l. Pty. Ltd., G.R. No. judicial power [BPI v. SEC, G.R. No. 164641
162331 (2006)]. (2007)].
Concept
The Constitution explicitly premised the fee
access clause on a person’s poverty, a
condition from which only a natural person can
suffer.
1. Right to Remain Silent Failure to ask for a lawyer does not constitute
The warning is needed simply to make the a waiver.
person under custodial investigation aware of
the existence of the right. No effective waiver of the right to counsel
during interrogation can be recognized unless
This warning is the threshold requirement for specifically made after the warnings have been
an intelligent decision as to its exercise. given.
Further, the warning will show the individual Request for assistance of counsel before any
that his interrogators are prepared to recognize interrogation cannot be ignored/denied by
his privilege should he choose to exercise it. authorities. Not only right to consult with an
attorney but right to be given a lawyer to
The warning of the right to remain silent must represent him if he’s indigent.
be accompanied by the explanation that
anything said can and will be used against the
individual in court. This warning is needed in
order to make him aware not only of the
privilege to remain silent, but also of the
consequences of forgoing it.
Discretion is with the court called upon to rule The presumption of regularity in official duties
on the question of bail. We must stress, cannot by itself prevail over the presumption of
however, that where conditions imposed upon innocence of the accused. But where it is not
a defendant seeking bail would amount to a the sole basis for conviction, the presumption
refusal thereof and render nugatory the of regularity of performance of official functions
constitutional right to bail, we will not hesitate may prevail over the constitutional presumption
to exercise our supervisory powers to provide of innocence [People v. Acuram, G.R. No.
the required remedy [De La Camara v. Enage, 117954 (2000); People v. Abenes y Pascua,
G.R. No. L-32951-52 (1971)]. G.R. No. 210878 (2016)].
Procedural due process requires that the Consequences of the Accused’s Failure
accused must be informed why he is being to Appear for Trial
prosecuted and what charge he must meet Waiver of right to cross-examine and present
[Vera v. People, G.R. No. L-31218 (1970)]. evidence [Gimenez v. Nazareno, G.R. No. L-
37933 (1988)].
7. Right to Speedy, Impartial and
Public Trial When Presence of the Accused is a Duty
c. Promulgation of Sentence
9. Right to Compulsory Processes
Note: In case of failure of the offended party to If the accused had been prosecuted for a
appear despite due notice, the court may allow higher offense but was convicted for a lower
the accused to enter a plea of guilty to a lesser offense, he has technically been acquitted of
offense which is necessarily included in the the higher offense. His appeal would give the
offense charged with the conformity of the trial Court the right to impose a penalty higher than
prosecutor alone. that of the original conviction imposed on him
[Trono v. U.S. 199 US 521 (1905)].
Appeal by Prosecution; When Allowed
General Rule: A judgment of acquittal is final General Rule: Dismissal with consent of
and no longer reviewable. It cannot be accused waives double jeopardy.
reconsidered because it places the accused in
jeopardy for the same offense. [Cruz When the case is dismissed other than on the
Commentary, p. 777] merits, upon motion of the accused personally,
or through counsel, such dismissal is regarded
Exceptions: Appeal from acquittal is not as “with express consent of the accused”, who
double jeopardy if: (DuMi-GAD) is therefore deemed to have waived the right to
1. Deprivation of due process: Where the plea double jeopardy.
prosecution is deprived of a fair opportunity
to prosecute and prove its case [Villareal v. Provisional Dismissal – A case shall not be
People, G.R. No. 151258 (2012)]. provisionally dismissed except with the
express consent of the accused and with notice
Provided, that the judge considered the to the offended party [ROC, Rule 117, Sec. 8,
evidence, even if the appreciation of the par. 1].
evidence leading to the acquittal is
erroneous, an appeal or motion for
reconsideration by the prosecution will not
be allowed. [People v. Judge Velasco, G.R.
No. 127444 (2000)].
Basis
A.M. No. 07-9-12-SC, Section 1. Petition. — The
petition for a writ of amparo is a remedy available to
any person whose right to life, liberty and security is Article VIII, Section 5. The Supreme Court shall
violated or threatened with violation by an unlawful have the following powers: xxx
act or omission of a public official or employee, or of (5) Promulgate rules concerning the protection and
a private individual or entity. enforcement of constitutional rights, xxx.
Where to File
Filed Enforced Returnable
RTC of the place where the Anywhere in the Philippines. Before the issuing court or
threat, act, or omission was judge.
committed or any of its
elements occurred.
Defense
1. Private individual – ordinary diligence;
2. Public official – extraordinary diligence, no
presumption of regularity of duties [Sec.
17].
As to term 1. Permanent
2. Temporary
Appointments by the President Those under Sec. 16, Art. VII of the Constitution.
Presidential Appointments
All other officers of the Government whose appointments are not otherwise
2nd Group:
provided for by law.
Officers lower in rank whose appointments the Congress may by law vest in
4th Group:
the President alone.
Those specifically enumerated under the 1st 1. All other officers whose appointments are
sentence of Section 16, Article VII of the not otherwise provided for by law;
Constitution: 2. Officers whom the President may be
1. Heads of the executive departments; authorized by law to appoint;
2. Ambassadors;
3. Other public ministers and consuls;
4. Officers of the armed forces from the rank of 3. Appointments explicitly exempted from the
colonel or naval captain; confirmation requirement under the
5. Other officers whose appointments are Constitution:
vested in him by the Constitution. a. Vice-President as a member of the
cabinet [Sec. 3, Art. VII];
b. Members of the Supreme Court and
judges of lower courts [Sec. 9, Art. VIII];
c. The Ombudsman and his deputies [Sec.
9, Art. XI].
4. The CHR Commissioners [Bautista v.
Salonga, G.R. No. 86439 (1989)].
When made by the While Congress is in session [Sec. During the recess of the Congress,
President 16(2), Art. VII]. whether voluntary or compulsory
[Sec. 16(2), Art. VII].
interest, or when the vacancy is not permanent, in liabilities and responsibilities under existing laws of
which cases temporary appointments of non- the Philippines and the following conditions:
eligibles may be made in the absence of eligibles
actually and immediately available. (3) Those appointed to any public office shall
subscribe and swear to an oath of allegiance to the
Section 22. Qualification Standards. – (1) A Republic of the Philippines and its duly constituted
qualification standard expresses the minimum authorities prior to their assumption of office:
requirements for a class of positions in terms of Provided, that they renounce their oath of allegiance
education, training and experience, civil service to the country where they took that oath;
eligibility, physical fitness, and other qualities
required for successful performance. The degree of (5) That right to vote or be elected or appointed to
qualifications of an officer or employee shall be any public office in the Philippines cannot be
determined by the appointing authority on the basis exercised by, or extended to, those who:
of the qualification standard for the particular
position. (a) are candidates for or are occupying any public
office in the country of which they are naturalized
citizens; and/or
R.A. No. 9225, Sections 5(3) and 5(5)
(b) are in active service as commissioned or non-
Section 5. Civil and Political Rights and Liabilities. commissioned officers in the armed forces of the
– Those who retain or re-acquire Philippine country which they are naturalized citizens.
citizenship under this Act shall enjoy full civil and
political rights and be subject to all attendant
1. Natural-born citizen;
2. Registered voter;
President and Vice-President.
3. Able to read and write;
(Art. VII, Secs. 2, 3)
4. At least forty years of age on the day of the Election;
5. Resident of the Philippines for at least ten years immediately
preceding such election.
1. Natural-born citizen;
2. On the day of the election, is at least thirty-five years of age;
Senators. (Art. VI, Sec. 3) 3. Able to read and write;
4. Registered voter;
5. Resident of the Philippines for not less than two years
immediately preceding the day of the election.
1. Natural-born citizen;
2. On day of election at least 25 years;
Members of the House of 3. Able to read and write;
Representatives. (Art VI, Sec. 4. Except in party-list elections, registered voter in district
6) where to be elected;
5. Resident for period of not less than one year immediately
preceding day of election.
1. Natural-born citizen;
2. At least 35 at time of appointment;
Chairman and Commissioners
3. Proven capacity for public administration;
of the Civil Service. (Art. IX-B)
4. Must not have been candidates for any elective position in
the elections immediately preceding their appointment.
1. Natural-born citizens;
2. At least 35 at time of appointment;
3. Holder of college degree;
Chairman and Commissioners
4. Must not have been candidates for any elective position in
of the Commission on
the immediately preceding elections;
Elections. (Art. IX-C)
5. Majority, including Chairman, shall be members of the PH
Bar who have been engaged in the practice of law for at least
ten years.
1. Natural-born citizens;
2. At least 35 at time of appointment;
3. Certified public accountants with not less than ten years of
Chairman and Commissioners auditing experience or members of PH Bar who have been
of the Commission on Audit. engaged in practice of law for at least ten years;
(Art. IX-D) 4. Must not have been candidates for any elective positions in
the elections immediately preceding their appointment;
5. At no time shall all Members of the Commission belong to
the same profession.
1. Natural-born citizens;
2. At time of their appointment at least 40;
3. Of recognized probity and independence;
Ombudsman and his deputies. 4. Members of the Bar;
(Art. XI, Sec. 8) 5. Not candidates for any elective office in the immediately
preceding elections;
6. Ombudsman: must have for ten years and more been a
judge or engaged in the practice of law in the Philippines.
Presiding Justice and Associate Justice of Same qualifications as those provided in the
the CA (B.P. Blg. 129, Sec. 7) Constitution for Justices of the SC.
Specific Disqualifications
Specific Disqualifications
Members of SC
and of other courts Shall not be designated to any agency performing quasi-judicial or
[Const., Art. VIII, administrative functions.
Sec. 12]
Specific Disqualifications
Civil Service
Commission Commissioners must not have been candidates for any elective position in
[Const., Art. IX-B, the elections immediately preceding their appointment.
Sec. 1]
COMELEC [Const., Must not have been candidates for any elective position in the immediately
Art. IX-C, Sec. 1] preceding elections.
Commission on Must not have been candidates for any elective position in the elections
Audit [Const., Art. immediately preceding their appointment. At no time shall all Members of
IX-D, Sec. 1] the Commission belong to the same profession.
Ombudsman
Must not have been candidates for any elective office in the immediately
[Const., Art. XI,
preceding election.
Sec. 8, 2nd par.]
No member of the armed forces in the active service shall, at any time, be
Members of the appointed or designated in any capacity to a civilian position in the
Armed Forces Government including government-owned or controlled corporations or any
[Const., Art. XVI, of their subsidiaries.
Sec. 5[4]]
Note: Members of the Constitutional Commissions and the Ombudsman and Deputies must not have
been candidates (not only losing candidates) in the immediately preceding election.
Mandamus will not lie for the performance of a C. Duties of Public Officers
discretionary duty.
Exception to the Exception: When the There are two kinds of duties exercised by
public officers: the "duty owing to the public
discretion is granted only as to the manner of
its exercise and not the discretion to act or not collectively" (the body politic), and the "duty
to act, the court may require a general action owing to particular individuals, thus:
[BF Homes, Inc. v. National Water Resources
Council, G.R. No. 78529 (1987)]. 1. Of Duties to the Public. The first of these
classes embraces those officers whose duty is
2. As to the Obligation of the Officers owing primarily to the public collectively --- to
the body politic --- and not to any particular
to Perform Their Powers and Duties individual; who act for the public at large, and
who are ordinarily paid out of the public
a. Mandatory treasury.
Powers conferred on public officers are The officers whose duties fall wholly or partially
generally construed as mandatory although the
within this class are numerous and the
language may be permissive, where they are distinction will be readily recognized. Thus, the
for the benefit of the public or individuals.
governor owes a duty to the public to see that
the laws are properly executed, that fit and
b. Permissive competent officials are appointed by him, that
unworthy and ill-considered acts of the
Statutory provisions define the time and mode legislature do not receive his approval, but
in which public officers will discharge their these, and many others of a like nature, are
duties, and those which are obviously designed duties which he owes to the public at large and
merely to secure order, uniformity, system and no one individual could single himself out and
dispatch in public business are generally assert that they were duties owing to him alone.
deemed directory. So, members of the legislature owe a duty to
the public to pass only wise and proper laws,
If the act does not affect third persons and is but no one person could pretend that the duty
not clearly beneficial to the public, permissive was owing to himself rather than to another.
words will not be construed as mandatory [De Highway commissioners owe a duty that they
Leon]. will be governed only by considerations of the
public good in deciding upon the opening or
3. As to the Relationship of the closing of highways, but it is not a duty to any
Officers to Their Subordinates particular individual of the community.
Power of Control – The power of an officer to These illustrations might be greatly extended,
alter or modify or nullify or set aside what a but it is believed that they are sufficient to
subordinate officer had done in the define the general doctrine.
performance of his duties and to substitute the
judgment of the former for that of the latter. 2. Of Duties to Individuals. - The second
[Mondano v Silvosa, G.R. No. L-7708 (1995)] class above referred to includes those who,
while they owe to the public the general duty of
Power of Supervision a proper administration of their respective
offices, yet become, by reason of their
Supervision means overseeing or the power or employment by a particular individual to do
authority of an officer to see that subordinate some act for him in an official capacity, under a
officers perform their duties. If the latter fail orspecial and particular obligation to him as an
neglect to fulfill them the former may take such
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individual. They serve individuals chiefly and House concerned of a potential conflict of
usually receive their compensation from fees interest that may arise from the filing of a
paid by each individual who employs them. proposed legislation of which they are authors
[Art. VI, Sec. 12].
A sheriff or constable in serving civil process
for a private suitor, a recorder of deeds in 2. Duties of Public Officers as
recording the deed or mortgage of an Trustees for the Public
individual, a clerk of court in entering up a
private judgment, a notary public in protesting a. In General
negotiable paper, an inspector of elections in
passing upon the qualifications of an elector, 1. Duty to obey the law;
each owes a general duty of official good 2. Duty to accept and continue in office;
conduct to the public, but he is also under a 3. Duty to accept burden of office;
special duty to the particular individual 4. Duty as to diligence and care in the
concerned which gives the latter a peculiar performance of official duties;
interest in his due performance [Vinzons-Chato 5. Duty in choice and supervision of
v. Fortune Tobacco Corp., G.R. No. 141309 subordinates.
(2008)].
b. Ethical Duties
1. General (Constitutional) Duties
Bound to perform honestly, faithfully, and to the
a. To be accountable to the people; to serve best of his ability, and to act primarily for the
them with utmost responsibility, integrity, benefit of the people. An attempt to exercise
loyalty and efficiency; to act with patriotism those powers corruptly for some improper
and justice; and to lead modest lives [Sec. purpose is null and void.
1, Art. IX, 1987 Const.]. a. Duty to refrain from outside activities that
b. To submit a declaration under oath of his interfere with the proper discharge of their
assets, liabilities and net worth (SALN) duties;
upon assumption of office and as often b. Duty not to use his official power to further
thereafter as may be required by law [Sec. his own interest;
17, Art. XI, 1987 Const.]. c. Duty to act with civility [De Leon].
authorized by law, nor accept without the consent of "(t)he right to self-organization shall not be
the Congress, any present, emolument, office, or denied to government employees."
title of any kind from any foreign government.
With respect to other civil servants, that is,
Pensions or gratuities shall not be considered as employees of all branches, subdivisions,
additional, double, or indirect compensation.
instrumentalities and agencies of the
government including government-owned or
The ex-officio positions held by Cabinet controlled corporations with original charters
officials are not entitled to additional and who are, therefore, covered by the civil
compensation. The ex-officio position being service laws, the guidelines for the exercise of
actually and in legal contemplation part of the their right to organize is provided for under
principal office, it follows that the official Executive Order No. 180 [TUPAS vs. NHA,
concerned has no right to receive additional G.R. No. L-49677 (1989)].
compensation for his services in the said
position. The reason is that these services are F. Retirement Pay
already paid for and covered by the
compensation attached to his principal office Pensions or gratuities shall not be considered
[Civil Liberties Union v. Executive Secretary, as additional, double, or indirect compensation
supra]. [Sec. 8, Art. IX-B, Const.].
This Court, in a long line of cases, has already This provision simply means that a retiree
applied the double compensation prohibition to receiving pension or gratuity can continue to
positions outside the Cabinet [Suratos v. receive such pension or gratuity even if he
Commission on Audit, G.R. No. 253584 accepts another government position to which
(2022)]. another compensation is attached [Santos v.
Court of Appeals, G.R. No. 139792 (2000)].
D. Different/Applicable Leaves
VIII. LIABILITIES OF PUBLIC
E. Self-Organization
OFFICERS
1987 Constitution
1987 Constitution, Article XI, Section 15. The
Article III, Section 8. The right of the people, right of the State to recover properties unlawfully
including those employed in the public and private acquired by public officials or employees, from them
sectors, to form unions, associations, or societies for or from their nominees or transferees, shall not be
purposes not contrary to law shall not be abridged. barred by prescription, laches, or estoppel.
of his authorized by written order the specific (17) Freedom from being compelled to be a witness
act or misconduct complained of. against one's self, or from being forced to
confess guilt, or from being induced by a
Book I, Section 39. Liability of Subordinate promise of immunity or reward to make such
Officers. – No subordinate officer or employee shall confession, except when the person confessing
be civilly liable for acts done by him in good faith in becomes a State witness;
the performance of his duties. However, he shall be (18) Freedom from excessive fines, or cruel and
liable for willful or negligent acts done by him which unusual punishment, unless the same is
are contrary to law, morals, public policy and good imposed or inflicted in accordance with a
customs even if he acted under orders or statute which has not been judicially declared
instructions of his superiors. unconstitutional; and
(19) Freedom of access to the courts.
Civil Code, Articles 27, 32, and 34. In any of the cases referred to in this article, whether
or not the defendant's act or omission constitutes a
Article 27. Any person suffering material or moral criminal offense, the aggrieved party has a right to
loss because a public servant or employee refuses commence an entirely separate and distinct civil
or neglects, without just cause, to perform his official action for damages, and for other relief. Such civil
duty may file an action for damages and other relief action shall proceed independently of any criminal
against the latter, without prejudice to any prosecution (if the latter be instituted), and may be
disciplinary administrative action that may be taken. proved by a preponderance of evidence.
Article 32. Any public officer or employee, or any The indemnity shall include moral damages.
private individual, who directly or indirectly Exemplary damages may also be adjudicated.
obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and The responsibility herein set forth is not demandable
liberties of another person shall be liable to the latter from a judge unless his act or omission constitutes
for damages: a violation of the Penal Code or other penal statute.
(1) Freedom of religion;
(2) Freedom of speech; Article 34. When a member of a city or municipal
(3) Freedom to write for the press or to maintain a police force refuses or fails to render aid or
periodical publication; protection to any person in case of danger to life or
(4) Freedom from arbitrary or illegal detention; property, such peace officer shall be primarily liable
(5) Freedom of suffrage; for damages, and the city or municipality shall be
(6) The right against deprivation of property without subsidiarily responsible therefor. The civil action
due process of law; herein recognized shall be independent of any
(7) The right to a just compensation when private criminal proceedings, and a preponderance of
property is taken for public use; evidence shall suffice to support such action.
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house,
papers, and effects against unreasonable Juxtaposed with Article 32 of the Civil Code,
searches and seizures; the principle may now translate into the rule
(10) The liberty of abode and of changing the same; that an individual can hold a public officer
(11) The privacy of communication and personally liable for damages on account of an
correspondence; act or omission that violates a constitutional
(12) The right to become a member of associations
right only if it results in a particular wrong or
or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly injury to the former [Vinzons-Chato v. Fortune
to petition the Government for redress of Tobacco Corp., supra].
grievances;
(14) The right to be a free from involuntary servitude See: Articles 203-245 of the Revised Penal
in any form; Code for Title VII - Crimes Committed by Public
(15) The right of the accused against excessive bail;
Officers.
(16) The right of the accused to be heard by himself
and counsel, to be informed of the nature and
cause of the accusation against him, to have a Local Government Code, Section 24. Liability for
speedy and public trial, to meet the witnesses Damages. – Local government units and their
face to face, and to have compulsory process officials are not exempt from liability for death or
to secure the attendance of witness in his injury to persons or damage to property.
behalf;
If such violation or wrongful act results in Government immunity from suit will also not
damages to an individual, the public officer shield the public official being sued if the
may be held civilly liable to reimburse the government no longer has an interest to protect
injured party. If the law violated attaches a in the outcome of the suit (i.e., there is no
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charge or financial liability against the b. There was a want of power in the
government), or if the liability of the officer is electing or appointing body or of some
personal because it arises from a tortious act in defect or irregularity in its exercise.
the performance of his/her duties [Philippine
Agila Satellite Inc. v. Trinidad-Lichauco, G.R. Such ineligibility, want of power or defect
No. 142362 (2006)]. being unknown to the public.
An officer de jure is one who is exercising the On this basis, it is apparent that the de facto
office as a matter of right or according to law officer doctrine is primarily for protecting those
[Luna v. Rodriguez, G.R. No. L-12647 (1917)]. who rely on the official acts of persons
discharging the duties of a public office, without
De Facto Officer being lawful officers. It is meant to ensure the
A de facto officer is one who has the reputation functioning of the government “despite
of being the officer he assumes to be, and yet technical defects in [the official’s] title to office
is not a good officer in point of law [Torres v. [Arroyo v. CA, G.R. No. 202860 (2019)].
Ribo, G.R. No. L-2051 (1948)].
Usurper
In Luna v. Rodriguez [G.R. No. L-12647 One who takes possession of the office without
(1917)], the Court held that a person is any color of right or authority, either actual or
considered a de facto officer where the duties apparent.
of the office are exercised:
1. Without a known appointment or Elements of De Facto Officership
election, but under such circumstances of
reputation or acquiescence as were 1. There must be a de jure office;
calculated to induce people, without 2. There must be a color of right or general
inquiry, to submit to or invoke his action, acquiescence by the public; and
supposing him to be the officer he 3. There must be actual physical possession
assumed to be; or of the office in good faith [Tuanda v.
2. Under color of a known and valid Sandiganbayan, G.R. No. 110544, (1995)].
appointment or election, but where the
officer has failed to conform to some Note: In Arroyo v. CA [G.R. No. 202860
precedent requirement or condition (e.g., to (2019)], the Court held that good faith is
take an oath, give a bond, etc).; or no longer necessary. The primordial
3. Under the color of a known election or concern that the doctrine seeks to address
appointment, but VOID because: remains to be the protection of the public,
a. The officer was not eligible; who rely on the acts of a person performing
De Facto De Jure
Basis of
Rests on reputation. Matter of right.
Authority
De Facto De Jure
Kind of
Either voluntary or involuntary. Always voluntary.
Relinquishment
I. Criminal Conviction
H. Recall
See: RPC for Effect of Penalties
Grounds
1. Non-compliance with the
procedures/criteria provided by the
J. Impeachment
agency’s Merit Promotion Plan; See: C. Impeachment v. Quo Warranto under
2. Failure to pass through the agency’s Part XIII of the Law on Public Officers part of
Selection/Promotion Board; the reviewer for a thorough discussion of
3. Violation of existing collective agreement Impeachment.
between management and employees
relative to promotion; Effects of Impeachment
4. Violation of other existing civil service laws, a. Removal from office of the official
rules and regulations [Sec. 20, Rule VI, IRR concerned;
of Administrative Code; De Rama v. CA, b. Disqualification to hold any office;
G.R. No. 131136 (2001)]. c. Impeached officer still liable to prosecution,
trial, and punishment if the impeachable
The CSC may recall an appointment for not offense committed also constitutes a felony
meeting the qualification standard. The recall or crime.
or invalidation of an appointment does not
require a full-blown, trial-type proceeding. In K. Removal through Quo
approving or disapproving an appointment, the Warranto/Prescription of Right
CSC only examines the conformity of the
appointment with applicable provisions of law to Office
and whether the appointee possesses all the See: C. Impeachment vs. Quo Warranto under
minimum qualifications and none of the Part XIII of the Law on Public Officers part of
disqualifications. Thus, in contrast to the reviewer for a thorough discussion of Quo
administrative disciplinary actions, a recall Warranto.
does not require notice and hearing [Civil
Service Commission v. Cutao, G.R. No. L. Dismissal as Penalty of
225151 (2020)]. Disciplinary Action
(6) Personnel of government-owned or controlled (1) Elective officials and their personal or
corporations, whether performing confidential staff;
governmental or proprietary functions, who do (2) Secretaries and other officials of Cabinet rank
not fall under the non-career service; and who hold their positions at the pleasure of the
(7) Permanent laborers, whether skilled, semi- PResident and their personal or confidential
skilled, or unskilled. staff(s);
(3) Chairman and members of commissions and
boards with fixed terms of office and their
1. Career Service personal or confidential staff;
(4) Contractual personnel or those whose
The career service is characterized by: employment in the government is in accordance
with a special contract to undertake a specific
1. Entrance based on merit and fitness to be work or job, requiring special or technical skills
determined by competitive examinations not available in the employing agency, to be
or highly technical qualifications; accomplished within a specific period, which in
2. Opportunity for advancement to higher no case shall exceed one year, and performs or
career positions; accomplishes the specific work or job, under his
3. Security of tenure [Administrative Code, own responsibility with a minimum of direction
and supervision from the hiring agency; and
Book V, Sec. 7]. (5) Emergency and seasonal personnel.
In grave misconduct, as distinguished from c. In other cases, the decision shall be initially
simple misconduct, the elements of corruption, appealed to the department head and
clear intent to violate the law, or flagrant finally to the Civil Service Commission and
disregard of established rule must be manifest. pending appeal, it shall be executory
Corruption as an element of grave misconduct EXCEPT when the penalty is removal, in
consists in the act of an official or employee which case it shall be executory only after
who unlawfully or wrongfully uses his station or confirmation by the department head.
character to procure some benefit for himself
or for another, contrary to the rights of others d. The Civil Service Commission has
[Gabon v. Merka, supra]. appellate jurisdiction. Cases may be filed
directly with the CSC; it may decide on the
Gross vs. Simple Neglect of Duty case or deputize a department or agency.
Simple neglect of duty is defined as the failure
of an employee to give proper attention to a It cannot be overemphasized that the identity
required task or to discharge a duty due to of the complainant is immaterial to the
carelessness or indifference. acquisition of jurisdiction over an administrative
case by the CSC. The law is quite clear that the
On the other hand, gross neglect of duty is CSC may hear and decide administrative
characterized by want of even the slightest disciplinary cases brought directly before it or it
care, or by conscious indifference to the may deputize any department or agency to
consequences, and in cases involving public conduct an investigation [CSC v. CA, G.R.
officials, by flagrant and palpable breach of Nos. 176162 (2012)].
duty. It is the omission of that care that even
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The CSC still retains jurisdiction over the Mandatory preventive suspension under the
school and its employees and has concurrent Anti-Graft and Corrupt Practices Act
original jurisdiction, together with the board of
regents of a state university, over Under Section 13 of the Anti-Graft and Corrupt
administrative cases against state university Practices Act, the suspension of a public officer
officials and employees [Id.]. is mandatory after a determination has been
made of the validity of the information in a pre-
3. Dismissal, Preventive Suspension, suspension hearing conducted for that purpose
Reinstatement and Back Salaries [Segovia v. Sandiganbayan, G.R. No. 124067
(1998)].
Dismissal
Kinds of Preventive Suspension
Republic Act No. 6713 penalizes violations of 1. Preventive suspension pending
its Section 7 with imprisonment and/or a fine, investigation; and
as well as disqualification to hold public office: 2. Preventive suspension pending appeal if
the penalty imposed by the disciplining
Section 11. Penalties. (b) Any violation hereof authority is suspension or dismissal and,
proven in a proper administrative proceeding after review, the respondent is exonerated.
shall be sufficient cause for removal or
dismissal of a public official or employee, Preventive Suspension Pending
even if no criminal prosecution is instituted Investigation
against him. Not considered a penalty, but only a means of
enabling the disciplining authority to conduct
The same explicitly states that dismissal from an unhampered investigation.
the service may be warranted through an
administrative proceeding, even if the erring Cannot be indefinite. Indefinite suspension
officer is not subjected to criminal prosecution. violates due process and equal protection
[Ombudsman vs. Regalado, G.R. Nos. clauses, as well as the right of public officers
208481-82 (2018)] and employees to security of tenure [Baculi v.
Office of the President, G.R. No. 188681
Preventive Suspension (2017)].
Merely a preventive measure, a preliminary
step in an administrative investigation. The Preventive Suspension Pending
purpose of the suspension order is to prevent Investigation of the Subordinate
the accused from using his position and the Officer or Employee Under the
powers and prerogatives of his office to
influence potential witnesses or tamper with
Authority of Proper Disciplining
records which may be vital in the prosecution Authority
of the case against him. Applicable where the charge involves
dishonesty, oppression or grave misconduct,
If after such investigation, the charge is or neglect in the performance of duty, or if there
established and the person investigated is are reasons to believe that the respondent is
found guilty of acts warranting his suspension guilty of charges which would warrant his
or removal, then, as a penalty, he is removal from the service [Sec. 51, Book V,
suspended, removed or dismissed [Villaseñor Administrative Code].
v. Sandiganbayan, G.R. No. 180700 (2008)].
The period to decide is 90 days after the date
Prior notice and hearing not required in the of suspension of the respondent who is not
issuance of a preventive suspension order a presidential appointee.
Settled is the rule that prior notice and hearing
are not required in the issuance of a preventive If there is no decision, the respondent shall be
suspension order [Carabeo v. CA, G.R. Nos. automatically reinstated in the service.
178000 & 178003 (2009)]. Provided, that when the delay in the disposition
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of the case is due to the fault, negligence or appeal is punitive in nature although it is in
petition of the respondent, the period of delay effect subsequently considered illegal if the
shall not be counted in computing the period of respondent is exonerated and the
suspension herein provided [Sec. 52, Book V, administrative decision finding him guilty is
Administrative Code]. reversed [Gloria v. CA, G.R. No. 131012
(1999)].
Preventive Suspension Pending
Investigation of an Employee by the Preventive Suspension Pending
Ombudsman Investigation vs. Preventive
Not more than 6 months, without pay, except Suspension Pending Appeal
when the delay in the disposition of the case by In Gloria v. CA [supra], the Court distinguished
the Office of the Ombudsman is due to the preventive suspension from suspension
fault, negligence or petition of the respondent, pending appeal for the purpose of determining
in which case the period of such delay shall not whether an employee is entitled to back
be counted in computing the period of salaries.
suspension herein provided [Sec. 24, R.A. No.
6770]. There is no right to compensation for
preventive suspension pending investigation,
Preventive Suspension Pending even if the employee is eventually exonerated.
Investigation of a Local Elective
Official By: On the other hand, if the respondent is
(1) The President in the case of provincial eventually exonerated while being preventively
suspended pending appeal, he should be
officials, and officials of highly urbanized
cities and independent component cities; reinstated with full pay for the period of the
suspension.
(2) The governor for officials of component
cities and municipalities;
(3) The mayor for barangay officials. Right to Reinstatement and Back
Salaries
Preventive suspension may be imposed at any Any employee illegally dismissed from office is
time after the issues are joined, when the entitled to reinstatement. Any other
evidence of guilt is strong, and given the gravity employment he or she obtains while the case
of the offense, there is great probability that the challenging his or her dismissal is pending
continuance in office of the respondent could does not bar his or her right to be reinstated.
influence the witnesses or pose a threat to the Similarly, he or she is entitled to the payment
safety and integrity of the records and other of his or her backwages from the time of his or
evidence. her dismissal until his or her actual
reinstatement [Campol v. Balao-as, G.R. No.
General Rule: Any single preventive 197634 (2016)].
suspension of local elective officials shall not
extend beyond sixty (60) days. Conditions to Be Entitled to
Backwages
Exception: If there are several administrative 1. The employee must be found innocent of
cases against an elective official, he cannot be the charges against him;
preventively suspended for more than 90 days 2. The suspension must be unjustified [CSC
within a single year on the same ground or v. Cruz, G.R. No. 187858 (2011)].
grounds existing and known at the time of the
first suspension [Sec. 63, LGC]. Entitlement to Back Salaries
General Rule: Any employee illegally
Preventive Suspension Pending dismissed from office is entitled to
Appeal reinstatement. Similarly, he or she is entitled to
As opposed to preventive suspension pending the payment of backwages from the time of
investigation, preventive suspension pending
At the Senate
1. The Articles of Impeachment is transmitted
to the Senate and trial shall proceed
forthwith;
Article XI, Section 13. The Office of the Section 15. Powers, Functions and Duties. -
Ombudsman shall have the following powers, The Office of the Ombudsman shall have the
functions, and duties: following powers, functions and duties:
(1) Investigate on its own, or on complaint by (1) Investigate and prosecute on its own or on
any person, any act or omission of any public complaint by any person, any act or omission of
official, employee, office or agency, when such any public officer or employee, office or agency,
act or omission appears to be illegal, unjust, when such act or omission appears to be illegal,
improper, or inefficient. unjust, improper or inefficient. It has primary
jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of his
primary jurisdiction, it may take over, at any
stage, from any investigatory agency of
Government, the investigation of such cases;
(2) Direct, upon complaint or at its own (2) Direct, upon complaint or at its own
instance, any public official or employee of the instance, any officer or employee of the
Government, or any subdivision, agency or Government, or of any subdivision, agency or
instrumentality thereof, as well as of any instrumentality thereof, as well as any
government-owned or controlled corporation government-owned or controlled corporations
with original charter, to perform and expedite with original charter, to perform and expedite
any act or duty required by law, or to stop, any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in prevent, and correct any abuse or impropriety in
the performance of duties. the performance of duties;
(3) Direct the officer concerned to take (3) Direct the officer concerned to take
appropriate action against a public official or appropriate action against a public officer or
employee at fault, and recommend his removal, employee at fault or who neglect to perform an
suspension, demotion, fine, censure, or act or discharge a duty required by law, and
prosecution, and ensure compliance therewith. recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary
authority as provided in Section 21 of this Act:
Provided, That the refusal by any officer without
just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee
who is at fault or who neglects to perform an act
or discharge a duty required by law shall be a
ground for disciplinary action against said
officer;
(4) Direct the officer concerned, in any (4) Direct the officer concerned, in any
appropriate case, and subject to such appropriate case, and subject to such
limitations as may be provided by law, to furnish limitations as it may provide in its rules of
it with copies of documents relating to contracts procedure, to furnish it with copies of
or transactions entered into by his office documents relating to contracts or transactions
involving the disbursement or use of public entered into by his office involving the
funds or properties, and report any irregularity disbursement or use of public funds or
Article XI, Section 13. The Office of the Section 15. Powers, Functions and Duties. -
Ombudsman shall have the following powers, The Office of the Ombudsman shall have the
functions, and duties: following powers, functions and duties:
to the Commission on Audit for appropriate properties, and report any irregularity to the
action. Commission on Audit for appropriate action;
(5) Request any government agency for (5) Request any government agency for
assistance and information necessary in the assistance and information necessary in the
discharge of its responsibilities, and to examine, discharge of its responsibilities, and to examine,
if necessary, pertinent records and documents. if necessary, pertinent records and documents;
(6) Publicize matters covered by its (6) Publicize matters covered by its
investigation when circumstances so warrant investigation of the matters mentioned in
and with due prudence. paragraphs (1), (2), (3) and (4) hereof, when
circumstances so warrant and with due
prudence: Provided, That the Ombudsman
under its rules and regulations may determine
what cases may not be made public: Provided,
further, That any publicity issued by the
Ombudsman shall be balanced, fair and true;
(7) Determine the causes of inefficiency, red (7) Determine the causes of inefficiency, red
tape, mismanagement, fraud, and corruption in tape, mismanagement, fraud, and corruption in
the Government and make recommendations the Government, and make recommendations
for their elimination and the observance of high for their elimination and the observance of high
standards of ethics and efficiency. standards of ethics and efficiency;
Article XI, Section 13. The Office of the Section 15. Powers, Functions and Duties. -
Ombudsman shall have the following powers, The Office of the Ombudsman shall have the
functions, and duties: following powers, functions and duties:
The law does not qualify the nature of the illegal Ombudsman’s Decision is Appealable
act or omission of the public official or Generally, appeals from decisions of the Office
employee that the Ombudsman may of the Ombudsman in administrative
investigate. It does not require that the act or disciplinary cases should be taken to the CA
omission be related to or be connected with or under the provisions of Rule 43 of the Rules of
arise from the performance of official duty. Civil Procedure [Tsunami Management Corp.
Since the law does not distinguish, neither v. Ombudsman, G.R. No. 232712 (2021)].
should we [Santos v. Rasalan, G.R. No.
155749 (2007)]. In cases where the respondent is not
exonerated, and the penalty imposed is not
The Office of the Ombudsman is empowered merely public censure or reprimand, or
to determine if there exists probable cause or suspension of not more than one (1) month’s
"whether there exists a reasonable ground to salary, the Ombudsman's decision is
believe that a crime has been committed, and appealable. The proper remedy is to file an
that the accused is probably guilty thereof and, appeal under Rule 43 of the Rules of Court
thereafter, to file the corresponding information before the Court of Appeals [Yatco v. Office
with the appropriate courts." This of the Ombudsman, G.R. No. 244775 (2020)].
determination is done by means of a
preliminary investigation [Morales, Jr. v. Ombudsman’s Decision is
Carpio-Morales, G.R. No. 208086 (2016)]. Unappealable
Pursuant to Section 27 of the Ombudsman Act,
Notwithstanding the term "recommend," [under
any order, directive or decision of the
Sec. 13 (3), Art. XI of the Const.], the said Ombudsman “imposing the penalty of public
provision, construed together with the pertinent
censure or reprimand, or suspension of not
provisions in Republic Act No. 6770, is not only more than one (1) month’s salary shall be final
advisory in nature but is actually mandatory
and unappealable.
within the bounds of law [Office of the
Ombudsman v. Court of Appeals, G.R. No.
Case law has also explained that Ombudsman
160675 (2006)]. rulings which exonerate the respondent from
administrative liability are, by implication, also
2. Judicial Review in Administrative considered final and unappealable.
Proceedings
The proper remedy to appeal decisions in In these cases, although such decisions are
administrative proceedings before the Office of considered final and unappealable, they are
the Ombudsman depends on whether the still subject to judicial review on the ground of
decision of the Ombudsman is appealable or grave abuse of discretion. Thus, the correct
unappealable. procedure is to file a petition for certiorari
under Rule 65 of the Rules of Court before
XIV. TERM LIMITS shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at
noon of the same date six years thereafter. The
The term means the time during which the President shall not be eligible for any reelection.
officer may claim to hold the office as of No person who has succeeded as President and
right, and fixes the interval after which the has served as such for more than four years shall
several incumbents shall succeed one be qualified for election to the same office at any
another. The tenure represents the term time.
during which the incumbent actually holds
No Vice-President shall serve for more than two
the office. The tenure may be shorter than the consecutive terms. Voluntary renunciation of the
term for reasons within or beyond the power of office for any length of time shall not be considered
the incumbent [Fetalino v COMELEC, G.R. No. as an interruption in the continuity of the service for
191890 (2012)]. the full term for which he was elected.xxx
years without reappointment. Of those first position: Provided, however, That the term of office
appointed, three Members shall hold office for seven shall be reckoned from the 1994 barangay elections.
years, two Members for five years, and the last Voluntary renunciation of office for any length of time
Members for three years, without reappointment. shall not be considered as an interruption in the
Appointment to any vacancy shall be only for the continuity of service for the full term for which the
unexpired term of the predecessor. In no case shall elective official was elected.
any Member be appointed or designated in a
temporary or acting capacity.
3. Commission on Audit
E. Local Governments
ADMINISTRATIVE LAW
POLITICAL AND PUBLIC
INTERNATIONAL LAW
FOR UP CANDIDATES ONLY
ADMINISTRATIVE LAW POLITICAL LAW
Administrative functions are those which
involve the regulation and control over the
ADMINISTRATIVE conduct and affairs of individuals for their own
welfare and the promulgation of rules and
LAW regulations to better carry out the policy of the
legislature or such as are devolved upon the
administrative agency by the organic law of its
I. GENERAL PRINCIPLES existence [In Re: Rodolfo v. Manzano, A.M.
No. 88-7-1861-RTC (1988)].
A. Definition of Administrative
Law II. ADMINISTRATIVE AGENCIES
Administrative law belongs to the field of
public law, and is generally understood as “that
part of the law which governs the organization,
A. Definition of Administrative
functions, and procedures of administrative Agency
agencies of the government to which (quasi) Administrative Code of 1987
legislative powers are delegated and (quasi)
judicial powers are granted, and the extent and Section 2(1), Book VII. Definitions. – As used in this
manner of which such agencies are subject to Book: (1) “Agency” includes any department,
control by the courts” [De Leon]. bureau, office, commission, authority or officer of the
National Government authorized by law or executive
order to make rules, issue licenses, grant rights of
B. Separation of Powers and privileges, and adjudicate cases; research
institutions with respect to licensing functions;
Administrative Functions government corporations with respect to functions
In Pangasinan Transportation Co., Inc. v. PSC, regulating private right, privileges, occupation, or
G.R. No. 47065 (1940), the Supreme Court business; and officials in the exercise of disciplinary
held that the challenged law, passed by the power as provided by law.
then National Assembly, did not constitute a
complete and total abdication by the “Administrative agency” is the term used
Legislature of its functions because all that was generally to describe an agency exercising
delegated to the Public Service Commission some significant combination of executive,
(PSC) was the administrative function, legislative, and judicial powers. It is a
involving the use of discretion to carry out the government body charged with administering
will of the legislature. and implementing particular legislation [De
Leon].
According to the Court in Pangasinan,
“apparent in the development of the principle
of separation of powers…is that the maxim B. Historical Considerations
of delegatus non potest delegari or delegata The emergence of administrative agencies
potestas non potest delegari…has been made can be attributed to:
to adapt itself to the complexities of modern 1. Growing complexity of modern life;
governments, giving rise to the adoption, within 2. Multiplication of the subjects of
certain limits, of the principle of ‘subordinate governmental regulation; and
legislation,’ not only in the United States and 3. Increased difficulty of administering laws
England but in practically all modern [Pangasinan Transportation Co., Inc. v.
governments. Accordingly, with the growing PSC, supra].
complexity of modern life, the multiplication of
the subjects of governmental regulation, and Except for Constitutional Commissions and
the increased difficulty of administering the other bodies directly created by the
laws, there is a constantly growing tendency Constitution, administrative agencies are
toward the delegation of greater powers by the generally are creations of the legislature. In
legislature, and toward the approval of the theory, Congress can create, divide, merge,
practice by the court.” modify, or even abolish agencies. The reality,
however, is more on the side of creation rather
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than abolition, considering the multiplication of details. The regulation should be germane to
regulatory agencies [Carlota]. the objects and purposes of the law and should
not be in contradiction to but in conformity with
the standards prescribed by the law [Sigre v.
III. POWERS OF CA, G.R. Nos. 109568 & 113454 (2002)].
ADMINISTRATIVE AGENCIES
This is effected by the promulgation of
administrative bodies of what are known as
A. Quasi-Legislative (Rule- supplementary regulations, such as
Making Power) implementing rules and regulations which have
the force and effect of law [Eastern Shipping
The authority delegated by the law-making Lines, Inc. v. POEA, G.R. No. 76633 (1988)].
body to the administrative agency to adopt
rules and regulations intended to carry out the Administrative issuances may be distinguished
provisions of a law and implement a legislative according to their nature and substance:
policy [Cruz]. legislative and interpretative. A legislative rule
is in the matter of subordinate legislation,
The grant of rule-making is a relaxation of the designed to implement a primary legislation by
separation of powers principle and is an providing the details thereof. An interpretative
exception to the non-delegation of legislative rule, on the other hand, is designed to provide
powers. But such administrative regulations guidelines to the law which the administrative
must be consistent with the law and be for the agency is in charge of enforcing [BPI Leasing
sole purpose of enforcing its provisions and not Corporation v. Court of Appeals, G.R. No.
to transcend the limits marked by the law. The 127624 (2003)].
details and the manner of carrying out the law
are oftentimes left to the administrative agency Non-delegation Doctrine Potestas delegata
entrusted with its enforcement [People v. non delegare potest
Maceren, G.R. No. L- 32166 (1977)].
As a general rule, the law prohibits the further
Administrative regulations enacted by delegation of a power or function already
administrative agencies to implement and assigned and delegated by the Constitution to
interpret the law which they are entrusted to a specific body such as the legislature. The
enforce have the force of law and are entitled rationale.
to respect. Such rules and regulations partake
of the nature of a statute and are just as binding One of the settled maxims in constitutional law
as if they have been written in the statute itself. is that the power conferred upon the legislature
As such, they have the force and effect of law to make laws cannot be delegated by that
and enjoy the presumption of constitutionality department to any body or authority. This
and legality until they are set aside with finality doctrine is based on the ethical principle that
in an appropriate case by a competent court. such a delegated power constitutes not only a
Congress, in the guise of assuming the role of right but a duty to be performed by the delegate
an overseer, may not pass upon their legality by the instrumentality of his judgment acting
by subjecting them to its stamp of approval immediately upon the matter of legislation and
without disturbing the calculated balance of not through the intervening mind of another
powers established in the Constitution. Hence, [United States v. Barrias, G.R. No. 4349
legislative vetoes are unconstitutional (1908)].
[Abakada Guro Party List v. Hon. Cesar
Purisima, G.R. No. 166715 (2008)]. The general rule barring delegation of
legislative powers is subject to recognized
Power of Subordinate Legislation limitations or exceptions, one of which is
The power of subordinate legislation allows delegation to administrative bodies [Abakada
administrative bodies to implement the broad v. Ermita, G.R. No. 168056 (2005)].
policies laid down in a statute by “filling in” the
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Permissible Delegation administrative authority is that the rate be
In every case of permissible delegation, there reasonable and just. However, it has been held
must be a showing that the delegation itself is that even in the absence of an express
valid. requirement as to reasonableness, this
standard may be implied [PHILCOMSAT v.
It is valid only if the law (a) is complete in itself, Alcuaz, G.R. No. 84818 (1989)].
setting forth therein the policy to be executed,
carried out, or implemented by the delegate; Filling in the Details
and (b) fixes a standard — the limits of which With the power of subordinate legislation,
are sufficiently determinate and determinable administrative bodies may implement the
— to which the delegate must conform in the broad policies laid down in a statute by “filling
performance of his functions [Defensor in” the details which the Congress may not
Santiago v. COMELEC, G.R. No. 127325 have the opportunity or competence to provide
(1997)]. [Eastern Shipping Lines, Inc. v. POEA, supra].
Under the doctrine of conclusiveness of Due to the difference between the quantum of
judgment, facts and issues actually and directly evidence, procedure, and sanctions imposed in
resolved in a former suit cannot again be raised criminal and administrative proceedings, the
in any future case between the same parties, findings and conclusions in one should not
even if the latter suit may involve a different necessarily be binding on the other [Ocampo v.
claim or cause of action. The identity of causes Office of the Ombudsman, G.R. No. 114683
of action is not required but merely identity of (2000)].
issues [Civil Aeronautics Administration v. Yu,
supra]. The basis of administrative liability differs from
criminal liability. The purpose of administrative
This is enunciated in Rule 39, Section 47(c) of proceedings is mainly to protect the public
the Rules of Civil Procedure: service, based on the time-honored principle
“(c) In any other litigation between the same that a public office is a public trust. On the other
parties or their successors in interest, that only hand, the purpose of criminal prosecution is the
is deemed to have been adjudged in a former punishment of crime [Ferrer v. Sandiganbayan,
judgment or final order which appears upon its G.R. No. 161067 (2008)].
face to have been so adjudged, or which was
actually and necessarily included therein or Forum Shopping
necessary thereto.” There is forum shopping whenever, as a result
of an adverse opinion in one forum, a party
Effect of Res judicata seeks a favorable opinion (other than by
The doctrine of res judicata provides that a final appeal or certiorari) in another. The principle
judgment on the merits rendered by a court of applies not only with respect to suits filed in the
competent jurisdiction, is conclusive as to the courts but also in connection with litigation
rights of the parties and their privies and commenced in the courts while an
constitutes an absolute bar to subsequent administrative proceeding is pending, in order
actions involving the same claim, demand, or to defeat administrative processes and in
cause of action [Civil Aeronautics anticipation of an unfavorable administrative
Administration v. Yu, supra]. ruling and a favorable court ruling.
In a 2023 decision penned by Justice Jhosep A rate should not be confiscatory as would
Lopez, the Supreme Court clarified that while place an operator in a situation where he will
under the 1964 case of Vigan Electric Light Co. continue to operate at a loss. It is essential also
v. PSC, no notice and hearing are required in to consider the given situation, requirements
the administrative agencies’ exercise of quasi- and opportunities of the utility [KMU Labor
legislative functions, this rule does not apply Center v. Garcia, G.R. No. 115381 (1994);
when there is a law that expressly requires Republic v. Meralco, supra)].
notice and hearing. In the case of fixing rates,
while this is considered a quasi-legislative A rate must be reasonable and fair and must
function, the Administrative Code of 1987 be affordable to the end user who will utilize the
expressly requires that there be prior notice services. The purpose of a hearing is to
and hearing in rate-fixing, with the notice to be determine what a just and reasonable rate is
published at least two weeks before the [KMU Labor Center v. Garcia, supra].
hearing. Hence, such requirements must be
complied with for any increase in LRT and MRT In fixing the rate, it would not be fair to the
fairs to be valid. public to base it upon a peak cost, and it would
not be fair to the owner of the property to place
Note, however, that this decision is not it upon a minimum cost [Ynchausti Steamship
included within the June 30, 2022 cut-off date Co. v. Public Utility Commissioner, G.R. No.
for the September 2023 Bar Examinations. 17665 (1922)].
1. Questions of Law
Judicial review may be granted or withheld as
a. Constitutionality of the law creating the
Congress chooses, except when the
agency and granting it powers;
Constitution requires or allows it. Thus, a law
b. Validity of agency action if these transcend
may provide that the decision of an
limits established by law;
administrative agency shall be final and not
c. Correctness of interpretation or
reviewable and it would still not offend due
application of the law.
process.
A decision of an administrative agency on a
However, Sec. 1, par. 2, Art. VIII of the
question of law is in no sense conclusive upon
Constitution provides that judicial review of
the courts, but is subject to review [Ortua v.
administrative decisions cannot be denied
Encarnacion, G.R. No. 39919 (1934)].
when there is an allegation of grave abuse of
discretion [Nachura].
2. Questions of Fact
Review shall be made on the basis of the
It is generally understood that as to
record taken as a whole. The findings of fact of
administrative agencies exercising quasi-
the agency when supported by substantial
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evidence shall be final except when specifically 3. Questions of Discretion
provided otherwise by law [Sec. 25, Chap. 4, General Rule: Administrative and
Book VII, Administrative Code]. discretionary functions may not be interfered
with by the courts.
A decision rendered by the Director of Lands
and approved by the Secretary of Agriculture Rationale: Courts have none of the technical
and Commerce, upon a question of fact is and economic or financial competence which
conclusive and not subject to be reviewed by specialized administrative agencies have at
the courts, in the absence of a showing that their disposal, and in particular must be wary of
such decision was rendered in consequence of intervening in matters which are at their core
fraud, imposition, or mistake, other than error technical and economic in nature [PLDT v.
of judgment in estimating the value or effect of National Telecommunications Commission,
evidence, regardless of whatever or not it is G.R. No. 94374 (1995)].
consistent with the preponderance of the
evidence, so long as there is some evidence Exceptions
upon which the finding in question could be 1. When there is a grave abuse of discretion;
made [Ortua v. Encarnacion, supra]. 2. Where the power is exercised in an
arbitrary or despotic manner [Banco
General Rule: Findings of fact by the agency Filipino Savings and Mortgage Bank v.
are final when supported by substantial Monetary Board, G.R. No. 70054 (1991)];
evidence. 3. If without reasonable support in the
evidence;
Exceptions 4. Rendered against law; or
1. Specifically allowed otherwise by law; ● An administrative agency entrusted
2. Fraud, imposition, mistake, or other error with the enforcement of a regulatory
of judgment in evaluating the evidence statute is vested with discretion. Such
[Ortua v. Singson Encarnacion, supra]; discretion, however is not
3. Error in appreciation of pleadings and unbounded. Where, as in this case,
interpretation of the documentary the Labor Code itself sets limits, they
evidence presented by the parties [Tan must be observed. [Federation of
Tiong Teck v. SEC, G.R. No. L-46472 Free Workers v. Noriel, G.R. Nos. L-
(1940)]; 47182-83, (1978)]
● In the past, this Court has held that 5. Issued without jurisdiction [Laguna
there is a question of fact when the Tayabas Bus Company v. Public Service
issue presented before this Court is Commission, G.R. No. 10903 (1957)].
the correctness of the lower courts'
appreciation of the evidence
presented by the parties. When the A. Doctrine of Primary
findings by the appellate court are Administrative Jurisdiction (or
contrary to those of the RTC, this Prior Resort)
Court is called upon to reevaluate
such factual findings [Bacani v. The doctrine of primary jurisdiction applies only
Madio, G.R. No. 218637, (2023)]. where the administrative agency exercises its
4. Decision of the agency was rendered by quasi-judicial or adjudicatory function. Thus, in
an almost divided agency and that the cases involving specialized disputes, the
division was precisely on the facts as practice has been to refer the same to an
borne out by the evidence [Gonzales v. administrative agency of special competence
Victory Labor Union, G.R. No. L-23256 pursuant to the doctrine of primary jurisdiction.
(1969)]. The courts will not determine a controversy
involving a question which is within the
jurisdiction of the administrative tribunal prior to
the resolution of that question by the
administrative tribunal, where the question
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demands the exercise of sound administrative The doctrine of primary jurisdiction does not
discretion requiring the special knowledge, warrant a court to arrogate unto itself authority
experience and services of the administrative to resolve a controversy the jurisdiction over
tribunal to determine technical and intricate which is initially lodged with an administrative
matters of fact, and a uniformity of ruling is body of special competence [Vidad v. RTC,
essential to comply with the premises of the G.R. No. 98084 (1993)].
regulatory statute administered [Smart
Communications v. NTC, supra]. Rationale
Two (2) reasons have been given for the rule:
It can only occur where there is a concurrence 1. To take full advantage of administrative
of jurisdiction between the court and the expertness; and
administrative agency. 2. To attain uniformity of application of
regulatory laws which can be secured only
It is a question of the court yielding to the if determination of the issue is left to the
agency because of the latter’s expertise, and administrative body [De Leon].
does not amount to ouster of the court [Texas
& Pacific Railway v. Abilene, 204 U.S. 426 In this era of clogged docket courts, the need
(1907)]. for specialized administrative boards with the
special knowledge and capability to hear and
It may occur that the Court has jurisdiction to determine promptly disputes on technical
take cognizance of a particular case, which matters has become well-nigh indispensable.
means that the matter involved is also judicial Between the power lodged in an administrative
in character. However, if the determination of body and a court, the unmistakable trend has
the case requires the expertise, specialized been to refer it to the former [GMA v. ABS CBN,
skills and knowledge of the proper G.R. No. 160703 (2005)].
administrative bodies because technical
matters or intricate questions of facts are The objective of the doctrine of primary
involved, then relief must first be obtained in an jurisdiction is to guide a court in determining
administrative proceeding before a remedy will whether it should refrain from exercising its
be supplied by the courts even though the jurisdiction until after an administrative agency
matter is within the proper jurisdiction of a court has determined some question or some aspect
[Industrial Enterprises, Inc. v. CA, G.R. No. of some question arising in the proceeding
88550 (1990)]. before the court [Smart v. NTC, supra].
ELECTION LAW
POLITICAL AND PUBLIC
INTERNATIONAL LAW
FOR UP CANDIDATES ONLY
ELECTION LAW POLITICAL LAW
i. Initiative on the Constitution which refers
to a petition proposing amendments to the
ELECTION LAW Constitution
ii. Any person who has been adjudged by final Rationale for registration requirements,
judgment by a competent court or tribunal of qualifications, and disqualifications
having committed any crime: The right to vote is a right created by law.
a. Involving disloyalty to the duly Suffrage is a privilege granted by the State to
constituted government such as such persons or classes as are most likely to
rebellion, sedition, violation of the exercise it for the public good [People v. Corral,
firearms laws; or G.R. No. L-42300 (1936)].
b. Against national security Exception:
Unless restored to his full civil and Proceeding from the significance of registration
political rights in accordance with law. as a necessary requisite to the right to vote, the
State undoubtedly, in the exercise of its
inherent police power, may then enact laws to
safeguard and regulate the act of voter’s
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registration for the ultimate purpose of degree of consanguinity or affinity. If in
conducting honest, orderly and peaceful succeeding elections, any of the newly elected
election [Akbayan-Youth v. COMELEC, G.R. city or municipal officials is related to a member
No. 147066 (2001)]. of the board within the fourth civil degree of
consanguinity or affinity, such member is
Qualification must be distinguished from automatically disqualified to preserve the
registration integrity of the Election Registration Board
Registration regulates the exercise of the right [Sec. 15, R.A. No. 8189].
of suffrage and is not a qualification for such
right. Registration is only one step towards Board of Election Inspectors
voting, and it is not one of the elements that The body which conducts the election in the
makes a citizen a qualified voter. Thus, polling place of the precinct usually composed
although one is deemed to be a “qualified of three (3) public school teachers appointed
elector,” he must nonetheless still comply with by the Commission [Sec. 3(o), R.A. No. 8189].
the registration procedure in order to vote
[Kabataan Party List v. COMELEC, G.R. No. b. System of Continuing Registration of
221318 (2015)]. Voters
The personal filing of application of registration
a. Election Registration Board (ERB) of voters shall be conducted daily in the office
The body constituted to act on all applications of the Election Officer during regular office
for registration [Sec. 3(g), R.A. No. 8189]. hours [Sec. 8, R.A. No. 8189].
There shall be in each city and municipality as Exception (when registration is prohibited):
many ERBs as there are election officers Within 120 days before a regular election and
therein [Sec. 15, R.A. No. 8189]. 90 days before a special election. COMELEC
Resolution 8585, which set the deadline for
Composition of the ERB [Sec. 15, R.A. No. voter registration to Oct. 31, 2009 (election was
8189] May 10, 2010, or more than 120 days), was
1. Election Officer, who serves as the declared null and void because Sec. 8 of R.A.
Chairman. If disqualified, COMELEC shall 8189 has determined that the period of 120
designate an acting Election Officer; days before a regular election and 90 days
2. Public school official most senior in rank; before a special election is enough time for the
and COMELEC to make all the necessary
3. Local civil registrar, or in his absence, the preparations with respect to the coming
city or municipal treasurer. If neither are elections. COMELEC is granted the power to
available, any other appointive civil fix other periods and dates for preelection
service official from the same locality as activities only if the same cannot be reasonably
designated by the COMELEC [Sec. 15, held within the period provided by law. There is
R.A. No. 8189]. no ground to hold that the mandate of
continuing voter registration cannot be
In case of disqualification of the Election reasonably held within the period provided by
Officer, the Commission shall designate an Sec. 8 of R.A. 8189 [Palatino v. COMELEC,
acting Election Officer who shall serve as G.R. No. 189868 (2009)].
Chairman of the Election Registration Board. In
case of disqualification or non-availability of the c. Validation
Local Registrar or the Municipal Treasurer, the The process of taking the biometrics of
Commission shall designate any other registered voters whose biometrics have not
appointive civil service official from the same yet been captured [Sec. 2(d), R.A. No. 10367,
locality as substitute. An Act Providing for Mandatory Biometrics
Voter Registration].
No member of the Board shall be related to
each other or to any incumbent city or
municipal elective official within the fourth civil
Copies of the certified list along with a certified Local heads or representatives of political
list of deactivated voters categorized by parties shall be properly notified on approved
precinct per barangay, within the same period applications.
shall be posted in the office of the Election
Officer and in the bulletin board of each Ground for Specific Mode of
city/municipal hall. Upon payment of the fees Deactivation Reactivation
as fixed by the Commission, the candidates
and heads shall also be furnished copies Sec. 27, R.A. No. 8189
thereof [Sec. 30, R.A. No. 8189].
e. When the List of Voters will be Altered Any person who has Right to vote is
been sentenced by automatically
1. Deactivation/Reactivation [Secs. 27- 28,
final judgment to reacquired upon
R.A. No. 8189]
suffer imprisonment expiration of five (5)
2. Exclusion/Inclusion [Secs. 34-35, R.A. No.
for not less than one years after service of
8189]
(1) year. sentence as certified
3. Cancellation of Registration [Sec. 29, R.A.
by the clerks of
No. 8189]
Except: If such courts of the
Resident Election Registration Board Note: R.A. No. 10590 removed the
(RERB) disqualification under RA No. 9189 of an
The in-house Election Registration Board in immigrant or a permanent resident who is
every post and in the Office for Overseas recognized as such in the host country unless
Voting, which processes, approves or he/she executes, upon registration, an affidavit
disapproves all applications for registration prepared for the purpose by the Commission
and/or certification as overseas voters, declaring that:
including the deactivation, reactivation and 1. He/she shall resume actual physical
cancellation of registration records [Sec. 3(m), permanent residence in the Philippines
R.A. No. 9189, as amended by R.A. No. not later than three (3) years from approval
10590]. of his/her registration; and
2. He/she has not applied for citizenship in
3. Qualifications another country.
a. Filipino citizen;
b. Abroad on the day of the election; F. Detainee Voting
c. At least 18 years of age on the day of the Detainee voting (either through the special
election; polling place inside jails or escorted voting)
d. Not otherwise disqualified by law [Secs. may be availed of by any registered detainee
3(f)-4, R.A. No. 9189, as amended by R.A. whose registration record is not transferred /
No. 10590]. deactivated / cancelled / deleted [Sec. 1, Rule
1, COMELEC Resolution No. 9371 (2012)].
4. Disqualifications
a. Lost their Filipino citizenship in Detainee
accordance with Philippine laws; Any person:
a. Confined in jail, formally charged for any
b. Expressly renounced their Philippine crime/s and awaiting/undergoing trial;
citizenship and who have pledged b. Serving a sentence of imprisonment for
allegiance to a foreign country [Sec. 5, less than one (1) year; or
R.A. No. 9189, as amended by R.A. No. c. Whose conviction of a crime involving
10590]; disloyalty to the duly constituted
government such as rebellion, sedition,
c. Committed and are convicted in a final violation of the firearms laws or any crime
judgment by a Philippine court or tribunal against national security or for any other
of an offense punishable by imprisonment crime is on appeal [Sec. 2, Rule 1,
of not less than one (1) year; COMELEC Resolution No. 9371 (2012)].
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Detainees who shall be eighteen years of age of the campaign period for which he filed his
on the day of election and/or are committed certificate of candidacy [Sec. 13, R.A. No.
inside the detention centers for at least six (6) 9369].
months immediately preceding the election day
may be registered as a voter. This includes any registered national, regional,
or sectoral party, organization or coalition
Detainees who are already registered voters thereof that has filed a manifestation to
may apply for transfer of registration records as participate under the party-list system which
warranted by the circumstances [Sec. 3, Rule has not withdrawn, or which has not been
2, COMELEC Resolution No. 9371 (2012)]. disqualified before the start of the campaign
period [COMELEC Res. 8758 (2010)].
Special Polling Place Inside Jail
The polling places established in jails where 1. Qualifications
detainee voters cast their votes [Sec. 2, Rule 1, Qualifications prescribed by law are continuing
COMELEC Resolution No. 9371 (2012)]. requirements and must be possessed for the
duration of the officer’s active tenure [Frivaldo
G. Escorted Voting v. COMELEC, supra; Labo v. COMELEC,
Voting Mechanism: supra].
1. For detainee voters who are residents / Constitutional Officers
registered voters of municipalities/cities a. For President and Vice-President [Secs.
other than the town/city of incarceration; 2-3 Art. VII, 1987 Constitution]
and/or 1. Natural-born citizen;
2. For detainee voters in jail facilities where 2. Registered voter;
no special polling places are established 3. Able to read and write;
[Sec. 2, Rule 1, COMELEC Resolution No. 4. At least 40 years old on day of election;
9371 (2012)]. 5. Resident of the Philippines for at least
ten (10) years immediately preceding
Requirements for Escorted Voting election day.
1. Detainee voters obtained court orders
allowing them to vote in the polling place b. For Senator [Sec. 3, Art. VI, 1987
where they are registered. Constitution]
2. It is logistically feasible on the part of the 1. Natural-born citizen;
jail/prison administration to escort the 2. 35 years old on election day;
detainee voter to the polling place where 3. Able to read and write;
he is registered. 4. Registered voter;
3. Reasonable measures shall be 5. Resident of the Philippines for at least
undertaken by the jail/prison two (2) years immediately preceding
administration to secure the safety of election day.
detainee voters, prevent their escape and
ensure public safety [Sec. 1, Rule 7, c. For Members of the House of
COMELEC Resolution No. 9371 (2012)]. Representatives [Sec. 6, Art. VI, 1987
Constitution]
1. Natural-born citizen;
II. CANDIDACY 2. 25 years old on election day;
3. Able to read and write;
4. Registered voter in district in which he
A. Qualifications and shall be elected;
Disqualifications of Candidates 5. Resident thereof for not less than one
year immediately preceding election
Candidate day.
Any person who files his certificate of d. Local Elective [Sec. 39, LGC]
candidacy within the prescribed period shall 1. Citizen of the Philippines;
only be considered as a candidate at the start
2. Within three (3) days from the filing of the The denial or cancellation of COCs of nuisance
petition, the Commission shall issue candidates may be “motu proprio or upon a
summons to the respondent candidate verified petition of an interested party, subject
together with a copy of the petition and its to an opportunity to be heard” [Timbol v.
enclosures, if any. COMELEC, G.R. No. 206004 (2015)].
3. The respondent shall be given three (3) Rules on Counting Votes Cast for Nuisance
days from receipt of the summons within Candidates
which to file his verified answer to the 1. If the person declared as a nuisance
petition, serving copy thereof upon the candidate and whose certificate of
petitioner. candidacy has been cancelled or denied
due course does not have the same name
Grounds for a motion to dismiss may be and/or surname as a bona fide candidate
raised as affirmative defenses. for the same office - the votes cast for such
nuisance candidate shall be deemed stray
4. The Commission may designate any of its pursuant to Section 9 of Rule 23.
officials who are lawyers to hear the case
That the disqualified candidate has already General Rule: The COMELEC shall have the
been proclaimed and has assumed office is of ministerial duty to receive and acknowledge
no moment. The subsequent disqualification receipt of the certificates of candidacy.
based on a substantive ground that existed Provided, that said certificates are under oath
prior to the filing of the certificate of candidacy and contain all the required data and in the
voids not only the COC but also the form prescribed by the Commission [OEC,
proclamation. Sec. 7; Cerafica v. COMELEC, G.R. No.
205136 (2014)].
Note: The purpose of a disqualification
proceeding is to prevent the candidate (a) from Exception: COMELEC may go beyond the
running or, if elected, (b) from serving, or (c) to face of the COC in the following:
prosecute him for violation of the election laws a. Nuisance candidates [OEC, Sec. 69];
[Ejercito v. COMELEC, G.R. No. 212398 b. Petition to deny due course or to cancel a
(2014)]. COC [OEC, Sec. 78]; or
c. Filing of a disqualification case on any of
Rule if the COC is Cancelled the grounds enumerated in Sec. 68, OEC.
A cancelled certificate of candidacy cannot
give rise to a valid candidacy, and much less to Powers and functions of the COMELEC
valid votes. Whether the COC is cancelled under Sec. 2, Art. IX-C of the 1987
before or after the elections is immaterial Constitution
because the cancellation on such ground 1. Enforce and administer all laws and
means he was never a candidate from the very regulations relative to the conduct of an
beginning, his certificate of candidacy being election, plebiscite, initiative, referendum,
void ab initio [Aratea v. COMELEC, G.R. No. and recall.
195229 (2012); Jalosjos, Jr. v. COMELEC, 2. Exercise exclusive original jurisdiction
supra]. over all contests relating to the elections,
returns, and qualifications of all elective
Decisions of the Court holding that the second- regional, provincial, and city officials, and
placer cannot be proclaimed winner if the first- appellate jurisdiction over all contests
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involving elective municipal officials constituting election frauds, offenses, and
decided by trial courts of general malpractices.
jurisdiction, or involving elective barangay 7. Recommend to the Congress effective
officials decided by trial courts of limited measures to minimize election spending,
jurisdiction. Decisions, final orders, or including limitation of places where
rulings of the Commission on election propaganda materials shall be posted,
contests involving elective municipal and and to prevent and penalize all forms of
barangay offices shall be final, executory, election frauds, offenses, malpractices,
and not appealable. Decide, except those and nuisance candidacies.
involving the right to vote, all questions 8. Recommend to the President the removal
affecting elections, including of any officer or employee it has
determination of the number and location deputized, or the imposition of any other
of polling places, appointment of election disciplinary action, for violation or
officials and inspectors, and registration of disregard of, or disobedience to, its
voters. directive, order, or decision.
3. Deputize, with the concurrence of the 9. Submit to the President and the Congress,
President, law enforcement agencies and a comprehensive report on the conduct of
instrumentalities of the Government, each election, plebiscite, initiative,
including the Armed Forces of the referendum, or recall.
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, III. CAMPAIGN
and credible elections.
4. Register, after sufficient publication,
political parties, organizations, or A. Concept
coalitions which, in addition to other
requirements, must present their platform 1. Definition
or program of government; and accredit The term “election campaign” or “partisan
citizens’ arms of the Commission on political activity” refers to an act designed to
Elections. Religious denominations and promote the election or defeat of a particular
sects shall not be registered. Those which candidate or candidates to a public office [Sec.
seek to achieve their goals through 79, B.P. Blg. 881].
violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or It includes:
which are supported by any foreign a. Forming organizations, associations,
government shall likewise be refused clubs, committees or other groups of
registration. persons for the purpose of soliciting votes
5. Financial contributions from foreign and/or undertaking any campaign for or
governments and their agencies to against a candidate;
political parties, organizations, coalitions, b. Holding political caucuses, conferences,
or candidates related to elections, meetings, rallies, parades, or other similar
constitute interference in national affairs, assemblies, for the purpose of soliciting
and, when accepted, shall be an additional votes and/or undertaking any campaign or
ground for the cancellation of their propaganda for or against a candidate;
registration with the Commission, in c. Making speeches, announcements or
addition to other penalties that may be commentaries, or holding interviews for or
prescribed by law. against the election of any candidate for
6. File, upon a verified complaint, or on its public office;
own initiative, petitions in court for d. Publishing or distributing campaign
inclusion or exclusion of voters; literature or materials designed to support
investigate and, where appropriate, or oppose the election of any candidate; or
prosecute cases of violations of election e. Directly or indirectly soliciting votes,
laws, including acts or omissions pledges or support for or against a
candidate.
N.B. The underlying commonality is conflict of Made by a candidate, spouse, relative within
interest in sensitive government operations, or 2nd civil degree of consanguinity or affinity,
areas where government grants licenses and campaign manager, agent or representative;
special permits. treasurers, agents or representatives of
political party.
2. Prohibited Fund-Raising Activities
During campaign period, day before and day of
[Sec. 97, B.P. Blg. 881] the election.
a. The following are prohibited if held for
raising campaign funds or for the support Exceptions:
of any candidate from the start of the a. Normal and customary religious dues or
election period up to and including election contributions;
day:
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b. Periodic payments for legitimate or the Fair Election Act of 2001 [Sec. 3,
scholarships established and school R.A. No. 9006].
contributions habitually made before the
prohibited period. 2. Prohibited Acts
a. For any foreigner: [Sec. 81, B.P. Blg.
D. Lawful and Prohibited 881]
Election Propaganda i. Aid any candidate or political party,
directly or indirectly;
ii. Take part or influence in any manner in
1. Lawful Election Propaganda
any election;
a. Pamphlets, leaflets, cards, decals,
iii. Contribute or make any expenditure in
stickers, or other written or printed
connection with any election campaign
materials not larger than 8.5x14 inches;
or partisan political activity.
b. Handwritten or printed letters urging
voters to vote for or against any political b. For any person during the
party or candidate; campaign period: [Sec. 83, B.P. Blg.
c. Cloth, paper or cardboard posters, framed 881]
or posted, not larger than 2x3 feet; i. Remove, destroy, obliterate or in any
d. Streamers not larger than 3x8 feet are manner deface or tamper with lawful
allowed at a public meeting or rally or in election propaganda;
announcing the holding of such. May be ii. Prevent the distribution of lawful
displayed 5 days before the meeting or election propaganda.
rally and shall be removed within 24 hours c. For any candidate, political party,
after such; organization or any person: [Sec.
e. Paid advertisements in print or broadcast 89, B.P. Blg. 881]
media: i. Give or accept, directly or indirectly,
i. Bear and be identified by the free of charge, transportation, food or
reasonably legible or audible words drinks or things of value during the five
“political advertisement paid for” hours before and after a public
followed by the true and correct name meeting, on the day preceding the
and address of the candidate or party election, and on the day of the election;
for whose benefit the election ii. Give or contribute, directly or indirectly,
propaganda was printed or aired [Sec. money or things of value for such
4(1), R.A. No. 9006]. purpose.
ii. If the broadcast is given free of charge
by the radio or TV station, identified by Note: Sec. 85 “Prohibited Election
the words “airtime for this broadcast Propaganda” of B.P. Blg. 881 was
was provided free of charge by” repealed by Sec. 14 of R.A. No. 9006.
followed by the true and correct name
and address of the broadcast entity E. Limitations on Expenses
[Sec. 4(2), R.A. No. 9006].
iii. Print, broadcast or outdoor
advertisements donated to the
1. Lawful Expenditures
a. For travelling expenses of the candidates
candidate or political party shall not be
and campaign personnel in the course of
printed, published, broadcast or
the campaign and for personal expenses
exhibited without the written
incident thereto;
acceptance by said candidate or
b. For compensation of campaigners, clerks,
political party. Written acceptance must
stenographers, messengers, and other
be attached to the advertising contract
persons actually employed in the
and submitted to the COMELEC within
campaign;
5 days after its signing [Sec. 4.3, R.A.
c. For telegraph and telephone tolls,
No. 9006, cf. Sec. 6.3, R.A. No. 9006].
postage, freight and express delivery
f. All other forms of election propaganda not
charges;
prohibited by the Omnibus Election Code
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d. For stationery, printing and distribution of F. Statement of Contributions
printed matters relative to candidacy;
e. For employment of watchers at the polls; and Expenses (SOCE) [Sec. 14,
f. For rent, maintenance and furnishing of R.A. No. 7166]
campaign headquarters, office or place of
meetings; The SOCE shall:
g. For political meetings and rallies and the a. Contain the full, true and itemized
use of sound systems, lights and statement of all contributions and
decorations during said meetings and expenditures in connection with the
rallies; election;
h. For newspaper, radio, television and other b. Be filed by every candidate and treasurer
public advertisements; of the political party;
i. For employment of counsel c. Be filed with the COMELEC in duplicate
j. For copying and classifying list of voters, within 30 days after the day of the election.
investigating and challenging the right to
vote of persons registered in the lists; Section 14 of R.A. No. 7166 states that “every
k. For printing sample ballots in such color, candidate” has the obligation to file his
size and maximum number as may be statement of contributions and expenditures.
authorized by the Commission [Sec. 102, … The term “every candidate” must be deemed
BP Blg 881]. to refer not only to a candidate who pursued his
campaign, but also to one who withdrew his
Note: The cost of (i), (j), (k) shall not be taken candidacy [Pilar v. COMELEC, G.R. No.
into account in the computation of the 115245 (1995)].
candidate’s allowable limit of election Effect of Failure to File Statement [Sec. 14,
expenses [Sec. 102, B.P. Blg. 881]. R.A. No. 7166]
1. The person elected to any public office
The amount contributed by a donor shall be cannot enter upon the duties of his office.
included in the computation of the candidate’s
allowable limit of election expenses [Ejercito v. Note: The same prohibition applies if the
COMELEC, G.R. No. 212398 (2014)]. political party which nominated the
winning candidate fails to file the
2. For Candidates [Sec. 13, R.A. No. statements.
7166]
a. President and VP: P10 for every voter 2. Imposition of administrative fines (except
currently registered. candidates for elective barangay office).
b. Other candidates: P3 for every voter i. 1st offense P1,000 to 30,000 in the
currently registered in the constituency discretion of the Commission.
where he filed his certificate of candidacy.
To be paid within 30 days from receipt
Exception: A candidate without any political of notice of failure to file; Otherwise, it
party and without support from any political shall be enforceable by a writ of
party may be allowed to spend P5 for every execution issued by the Commission
such voter. against the properties of the offender.
The right of the prevailing party in the pre- Upon receipt of the verified petition, the Clerk
proclamation contest to the execution of of the Commission shall have the same
COMELEC’s decision does not bar the losing docketed and forthwith issue summons to the
party from filing an election contest [Gallardo v. parties to be affected by the petition, with a
Rimando, supra]. directive for the latter to file their answer within
five (5) days from receipt.
Partial Proclamation
Despite the pendency of a pre-proclamation Thereafter the case shall be deemed submitted
contest, the COMELEC may, motu proprio or for resolution, which shall not be later than
upon the filing of a verified petition and after seven (7) days from receipt of the answer.
due notice and hearing order the proclamation
of other winning candidates whose election will
not be affected by the outcome of the
controversy [Sec. 247, B.P. Blg. 881].
Strictly a contest Refers to questions a. The public interest is involved or the will of
between the of disloyalty or the electorate;
defeated and ineligibility of the b. The shortness of the remaining portion of
winning candidates winning candidate. the term;
based on grounds of c. The length of time that the election contest
election frauds or It is a proceeding to has been pending [Santos v. COMELEC,
irregularities as to unseat the ineligible G.R. No. 155618 (2003)].
who actually person from office,
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Actual or Compensatory Damages ii. The MTC decision may be appealed to the
Actual or compensatory damages may be RTC within 10 days from receipt of a copy
granted in all election contests or in quo thereof by the aggrieved party;
warranto proceedings in accordance with law
iii. The RTC should decide the appeal within 30
[Sec. 259, B.P. Blg. 881].
days after filing.
Effect of Filing Petition to Annul or to
Suspend the Proclamation Summary of Rules on Jurisdiction
The filing with the Commission of a petition to
annul or to suspend the proclamation of any Elective Election Appeal Certiorar
candidate shall suspend the running of the Position Protest i
period within which to file an election protest or or Quo
quo warranto proceedings [Sec. 248, B.P. Blg. Warranto
881].
President PET N/A SC
Jurisdiction and Vice
1. SC (acting as PET): Over all contests President
relating to the election, returns, and
Senators SET N/A SC
qualifications of the President or Vice President
[Sec. 4, Art VII, 1987 Constitution].
Members HRET N/A SC
of the
2. HRET/SET: Over all contests relating to the House of
election, returns, and qualifications of their Reps
respective Members [Sec. 17, Art VI, 1987
Constitution]. Regional/ COMELE N/A SC
Provincial C
3. COMELEC: Over all contests relating to the City
elections, returns and qualifications of all Officials
elective regional, provincial and city officials
[Sec. 250, B.P. Blg. 881]. Municipal RTC COMELE SC
Officials C
4. RTC: Over contests involving municipal
Barangay MTC COMELE SC
officials [Sec. 251, B.P. Blg. 881].
Officials C
i. The RTC decision may be appealed to the
COMELEC within 5 days from promulgation
or receipt of a copy thereof by the aggrieved F. Recall
party [Sec. 22, R.A. No. 7166]; Recall is a mode of removal of a public officer
ii. The COMELEC shall decide the appeal by the people before the end of his term of
within 60 days after it is submitted for office [Garcia v. Commission on Elections,
G.R. No. 111511, October 5, 1993].
decision, but not later than 6 months after
the filing of the appeal, which decision shall Who may exercise: registered voters of a
be final, unappealable and executory [Sec. local government unit to which the local
22, R.A. No. 7166]. elective official subject to such belongs [Sec.
69, LGC].
5. MTC: Over election contests involving
barangay officials [Sec. 252, B.P. Blg. 881]. Ground: Loss of confidence [Sec. 69, LGC].
i. The MTC should decide within 15 days after When recall election is held:
a. Barangay, city, or municipal officials:
the filing;
not later than 30 days from completion.
b. Provincial officials: not later than 45
days from completion [Sec. 71, LGC].
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Initiation of recall process: supported by the necessary number of
By a petition of a registered voter supported by: registered voters.
a. 25% of registered voters if LGU has voting 2. COMELEC’s Certification of
population of not more than 20,000. Sufficiency. Within 15 days from filing of
b. 20% of registered voters if LGU has voting the petition, the COMELEC must certify
population of 20,000 to 75,000. In no case the sufficiency of the required number of
shall petitioners be less than 5,000. signatures. Failure to obtain the required
c. 15% of registered voters if LGU has voting number shall result in the automatic
population of 75,000 to 300,000. In no nullification of the petition.
case shall petitioners be less than 15,000. 3. Notice, Publication, and Posting. Within
d. 10% of registered voters if LGU has voting 3 days from certification of sufficiency,
population of more than 300,000. In no COMELEC shall:
case shall petitioners be less than 45,000. a. Provide the official subject of recall
[Sec. 70, LGC] with a copy of the petition;
b. Cause the publication of the petition for
Effects on official sought to be recalled: 3 weeks in a national newspaper and a
a. Automatically considered as candidate local newspaper of general circulation;
and is entitled to be voted upon [Sec. 71, and
LGC]; c. c. Cause its posting for 10 to 20 days at
b. Not allowed to resign while recall process conspicuous places.
is in progress [Sec. 73, LGC]. 4. Verification and Authentication of
Signatures. COMELEC verifies and
Effectivity of recall authenticates the signatures.
Upon election and proclamation of a successor 5. Filing of Candidacies. COMELEC
or the candidate receiving the highest number announces the acceptance of candidates
of votes cast during the election on recall [Sec. for the recall election, the official subject of
72, LGC]. the recall being automatically included in
the list.
Signature Requirement: The law states “upon 6. Setting of Election. COMELEC shall set
petition of at least 25% of registered voters” the election within 30 days upon
and not “signed by 25% of the registered completion of the above procedure in
voters.” The petition must be filed not by one barangays, cities, and municipalities; or
person but at least by 25% of the total number within 45 days in provinces.
of registered voters. While the initiatory recall
petition may not yet contain the signatures of at Limitations
least 25% of the total number of registered 1. Any local elective official may be the
voters, the petition must contain the names of subject of recall election only once during
at least 25% of the total number of registered his term of office for loss of confidence
voters in whose behalf only one person may [Sec. 74(a), LGC].
sign the petition in the meantime [Angobung vs 2. No recall election shall take place within
COMELEC, G.R. No. 126576 (1997)]. one (1) year from the date of the official’s
assumption to office or one (1) year
Note: The Angobung decision is likely no immediately preceding a regular local
longer good law as it was decided under the election [Sec. 74(b), LGC].
LGC’s original provisions on recall. As
amended by R.A. No. 9244, Sec. 70 of the LGC The phrase “regular local election” refers to an
seems to require that the petition already election where the office held by the local
contains the required number of signatures elective official sought to be recalled will be
upon the filing thereof [Gatmaytan]. contested and be filled by the electorate [Paras
v. COMELEC, G.R. No. 123169 (1996)].
Procedure
1. Petition. Filed by a registered voter in the As used in Sec. 74(b), LGC, “recall” refers to
LGU concerned to the COMELEC, the election itself by means of which voters
LOCAL GOVERNMENTS
POLITICAL AND PUBLIC
INTERNATIONAL LAW
FOR UP CANDIDATES ONLY
LOCAL GOVERNMENTS POLITICAL LAW
A quasi-public corporation is a private
corporation that renders public service or
LOCAL supplies public wants, such as utility
companies. It combines the elements of both
GOVERNMENTS public and private. Though organized for
private profit, they are compelled by law or
contract to render public services.
I. PUBLIC
CORPORATIONS Government-Owned or Controlled
Corporation (GOCC) refers to any agency
organized as a stock or nonstock corporation,
A. Concept; Distinguished from vested with functions relating to public needs
Government-Owned or whether governmental or proprietary in nature,
Controlled Corporations and owned by the Government of the Republic
of the Philippines directly or through its
A corporation may be classified as either instrumentalities either wholly or, where
public (municipal), private, or quasi-public applicable as in the case of stock corporations,
corporations. to the extent of at least a majority of its
outstanding capital stock: Provided, however,
A public corporation is one that is organized That for purposes of this Act, the term “GOCC”
for the government of a portion of a state, such shall include GICP/GCE and GFI as defined
as a local government unit. It is created for herein [Sec. 3(o), R.A. No. 10149].
public use [Roger W. Cooley, Handbook of the
Law of Municipal Corporations, (1914)]. Non-chartered GOCC refers to a GOCC
organized and operating under Batas
A private corporation is one that is formed by Pambansa Bilang 68, or “The Corporation
some private purpose, benefit, aim, or end Code of the Philippines” [Sec. 3(p), R.A. No.
formed and organized under a general law on 10149].
corporation (e.g., Corporation Code of the
Philippines).
Operation Created by general Created by Created by special law or organized under the
of Law or special act. general law. Corporation Code.
Municipal Corporation vs. Public Refers to the statute creating the local
Corporation: government unit or, in case of barangays, the
Municipal Corporation applies to incorporated ordinance of a Province, or a Highly Urbanized
villages, towns and cities; with power of local City creating it, although a barangay may also
administration. be created through a statute.
Municipal Corporation vs. Quasi- Under the Code [Sec. 13, LGC], the
Municipal Corporation: Sangguniang Panlalawigan may, in
The object of municipal corporation is public, consultation with the Philippine Historical
although incidents connected with it may be of Institute, change the name of the component
private nature, and so far it is subject to the cities and municipalities, upon the
rules of liability controlling private corporations recommendation of the Sanggunian
in the ownership of property. concerned, provided that the same shall be
effective only upon the ratification in a
Meanwhile, the quasi-public corporation is of a plebiscite, conducted for the purpose in the
private nature and object, with incidents only political unit directly affected.
that are public. The municipal corporation is the
only corporation standing as the representative 3. Inhabitants Constituting the
of the purely public corporation. Population
1. Municipal Corporation Proper – Refers to The Code has prescribed the minimum number
incorporated cities, towns, or villages of inhabitants in the creation of a local
invested with the power of local legislation; government unit. MCs are created for the civil
government of inhabitants and the
2. Quasi-Municipal Corporation – Quasi- administration of their local affairs; therefore,
corporation, operates directly as an agency MCs cease to have functions if there are no
of the state to help in the administration of inhabitants.
public functions.
4. Territory Within Which Local Civil
Tests: Government/Corporate Functions Are
1. Voluntary/involuntary nature of the Exercised
corporation;
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As a rule, territorial boundaries of municipal agency of the community in the administration
corporations must be definite, fixed or certain. of local affairs, a local government must be
An incorporation is void where the boundaries self-sufficient to exercise its corporate powers
of the municipal corporation are not described and serve its constituents [Lidasan v.
with certainty. COMELEC, G.R. No. L-28089 (1967)].
Note: Characterizing these dual functions is not 1987 Constitution, Article X, Section 10. No
province, city, municipality, or barangay may be
just for academic purposes. The importance of
created, divided, merged, abolished, or its boundary
this distinction can be exemplified in at least 2 substantially altered, except in accordance with the
respects: criteria established in the local government code and
a. Liability of municipalities for their own acts subject to approval by a majority of the votes cast in
and the acts of their officers; a plebiscite in the political units directly affected.
b. In the extent of legislative control over the
same. The Constitution specifically requires that a
plebiscite should be held in order to lawfully
The characterization also provides the legal create a municipal corporation [Sec. 10, Art. X,
basis for resolving issues brought before 1987 Constitution].
courts:
A cluster of 9 barangays cannot compose a Plebiscite affords those registered voters of a
municipality. The SC states that because of the locality affected by the creation, division,
second function of the LGU, i.e., serving as the
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merger, abolition, or alteration of the as they altered boundaries and diminished
boundaries of a local government unit to check the areas of territorial jurisdiction of the
the power of the Congress or the local City of Taguig without the benefit of a
government unit to carry out such actions. plebiscite as required in Section 10, Article
X of the 1987 Constitution. 3. Making the Writ
Plebiscite is required in the cases of downward of Preliminary Injunction dated August 2, 1994
conversion of an independent component city issued by this Court, explicitly referring to
to a mere component city of a province Parcels 3 and 4, Psu-2031 comprising Fort
[Miranda v. Aguirre, G.R. No. 133064 (1999)]. Bonifacio, be made PERMANENT.
The common denominator in Sec. 10, Art. X of
the 1987 Constitution is the material change in On September 28, 2022, the Supreme Court
the political and economic rights of the local has put an end to the land dispute between the
government units directly affected as well as city governments of Makati and Taguig in
the people therein. connection with the Fort Bonifacio Military
Reservation where the Bonifacio Global City
Taguig v Makati Complex is now located. The ruling affirmed
the Pasig RTC Branch 153's decision on July
On November 22, 1993, Taguig, then a 8, 2011 that “Fort Bonifacio Military
municipality, filed before the Regional Trial Reservation is confirmed to be part of the City
Court of Pasig City a Complaint against Makati of Taguig”.
(then also a municipality), Former Executive
Secretary Teofisto P. Guingona, Jr., Former How:
Department of Environment and Natural • Downward conversion - city-wide plebiscite
Resources Secretary Angel Alcala, and Former only;
Director of the Lands Management Bureau • Upward conversion - province-wide
Abelardo Palad, Jr. plebiscite is needed (because substantial
changes in boundaries take place, not just
The Complaint (Territorial Dispute Case) was in the physical boundaries but also
denominated as one for "Judicial Confirmation political) [Umali v COMELEC, G.R. No.
of the Territory and Boundary Limits of Tagig 203974 (2014)].
[sic] and Declaration of the Unconstitutionality
and Nullity of Certain Provisions of Presidential Who, Where:
Proclamations 2475 and 518, with Prayer for The plebiscite requirement requires the
Writ of Preliminary Injunction and Temporary participation of residents of the original local
Restraining Order." This was docketed as Civil government not just those residing in the local
Case No. 63896 and raffled to Branch 153 of government unit sought to be created.
the Regional Trial Court of Pasig City. In this
Complaint, Taguig asserted that the areas When:
comprising the Enlisted Men's Barangays, or Plebiscite schedule set by LGC 1991 is 120
EMBOs, as well as the area referred to as Inner days from the effectivity of the law; COMELEC
Fort in Fort Bonifacio, were within its territory however can postpone this if circumstances
and jurisdiction. warrant such.
In the Decision dated July 8, 2011, the COMELEC has the exclusive charge of the
Regional Trial Court, through Judge Briccio C. enforcement and administration of all laws
Ygaña (Judge Ygaña), ruled in favor of Taguig: relative to the conduct of elections for the
1. Fort Bonifacio Military Reservation purpose of ensuring free, orderly, and honest
consisting of Parcels 3 and 4, Psu-2031, is elections.
confirmed part of the territory of the plaintiff City
of Taguig; 2. Proclamation No. 2475, Series of
1986 and Proclamtion [sic] No. 518, Series of
1990 are hereby declared
UNCONSTITUTIONAL and INVALID, insofar
Devolution is the act by which the national throughout the State. A reason advanced for
government confers power and authority upon this view is that such ordinances are in excess
the various local government units to perform of the powers granted to the municipal
specific functions and responsibilities [Sec. 17, corporation [Batangas CATV, Inc. v. CA, G.R.
LGC]. No. 138810 (2004)].
The principle of local autonomy under the 1987 Local Autonomy and Decision Making
Constitution simply means decentralization
[Basco v. PAGCOR, G.R. No. 91649 (1991)]. Police power is the power to prescribe
regulations to promote the health, morals,
Note: Basco was decided prior to the LGC. peace, education, good order, safety, and
Basco holds that the Constitution guarantees general welfare of the people. As an inherent
decentralization but says nothing which attribute of sovereignty, police power primarily
precludes devolution. The Court later rests with the State. In furtherance of the
recognized that “the centerpiece of LGC is the State’s policy to foster genuine and meaningful
system of decentralization. Indispensable local autonomy, the national legislature
thereto is devolution and the LGC expressly delegated the exercise of police power to local
provides that “any provision on a power of a government units (LGUs) as agents of the
local government unit shall be liberally State. Such delegation can be found in Section
interpreted in its favor, and in case of doubt, 16 of the LGC, which embodies the general
any question thereon shall be resolved in favor welfare clause. Since LGUs exercise
of devolution of powers and of the lower local delegated police power as agents of the State,
government unit” [Tano v. Socrates, G.R. No. it is incumbent upon them to act in conformity
110249 (1997), citing Sec. 5(a), LGC]. to the will of their principal, the State.
Necessarily, therefore, ordinances enacted
The Constitution provides for political pursuant to the general welfare clause may not
autonomy (and not merely administrative subvert the State’s will by contradicting
autonomy) for autonomous regions [Cordillera national statutes [City of Batangas v. Phil. Shell
Broad Coalition v. COA, G.R. No. 79956 Petroleum Corp., G.R. No. 195003 (2017)].
(1990)].
Power of Supervision v. Power
Local Autonomy and National
Accountability
of Control
Where there is no express power in the charter 1987 Constitution, Article X, Section 4. The
of a municipality authorizing it to adopt President of the Philippines shall exercise general
supervision over local governments. Provinces with
ordinances regulating certain matters which
respect to component cities and municipalities, and
are specifically covered by a general statute, a cities and municipalities with respect to component
municipal ordinance, insofar as it attempts to barangays, shall ensure that the acts of their
regulate the subject which is completely component units are within the scope of their
covered by a general statute of the legislature, prescribed powers and functions.
may be rendered invalid.
Where the subject is of statewide concern, and The Constitution confines the President’s
the legislature has appropriated the field and power over local governments to one of
declared the rule, its declaration is binding general supervision.
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Supervision Control
Overseeing; the power or authority of an officer Power of an officer to alter or modify or nullify
to see that subordinate officers perform their or set aside what a subordinate officer has
duties. done in the performance of his duties.
If a subordinate fails, the superior may take If a subordinate fails, the superior may
such action or step as prescribed by law to substitute the judgment of the latter for that of
make them perform their duties. the former.
General Rule: LGUs shall have a 40% share Local Government Code, Section 26. Duty of
in the national internal revenue taxes based on National Government Agencies in the Maintenance
of Ecological Balance. – It shall be the duty of every
the collection of the third fiscal year preceding national agency or GOCC authorizing or involved in
the current fiscal year [Sec. 284(c), LGC]. the planning and implementation of any project or
program that may cause pollution, climatic change,
Exception: When the national government depletion of non-renewable resources, loss of
incurs an unmanageable public sector deficit, cropland, rangeland, or forest cover, and extinction
the President is authorized to reduce the IRA of animal or plant species, to consult with the LGUs,
NGOs, and other sectors concerned and explain the
to 30% [Sec. 284, LGC]. goals and objectives of the project or program, its
impact upon the people and the community in terms
Requisites for the Exception of environmental or ecological balance, and the
1. Unmanageable public sector deficit; measures that will be undertaken to prevent or
2. Recommendation of the Secretaries of minimize the adverse effects thereof.
a. Finance;
b. Internal and Local Government; and
Local Government Code, Section 27. Prior
c. Budget and Management; and
Consultations Required. – No project or program
3. Consultation with shall be implemented by government authorities
a. Heads of both Houses of Congress; unless the consultations in Sections 2(c) and 26
and hereof are complied with, and prior approval of the
b. Presidents of the Liga [Sec. 284, LGC]. Sanggunian concerned is obtained.
implementation of national programs and 3. The general welfare provisions in this Code
projects; shall be liberally interpreted to give more
(h) There shall be a continuing mechanism to powers to local government units in
enhance local autonomy not only by legislative accelerating economic development and
enabling acts but also by administrative and upgrading the quality of life for the people
organizational reforms;
in the community;
(i) Local government units shall share with the
national government the responsibility in the 4. Rights and obligations existing on the date
management and maintenance of ecological of effectivity of this Code and arising out of
balance within their territorial jurisdiction, contracts or any other source of prestation
subject to the provisions of this Code and involving a local government unit shall be
national policies; governed by the original terms and
(j) Effective mechanisms for ensuring the
conditions of said contracts or the law in
accountability of local government units to their
respective constituents shall be strengthened in force at the time such rights were vested;
order to upgrade continually the quality of local and
leadership; 5. In the resolution of controversies arising
(k) The realization of local autonomy shall be under this Code where no legal provision
facilitated through improved coordination of or jurisprudence applies, resort may be had
national government policies and programs and
to the customs and traditions in the place
extension of adequate technical and material
assistance to less developed and deserving where the controversies take place.
local government units;
(l) The participation of the private sector in local Effectivity Date of the Local Government
governance, particularly in the delivery of basic Code: January 1, 1992
services, shall be encouraged to ensure the
viability of local autonomy as an alternative
strategy for sustainable development; and Local Government Code, Section 5(d). Rights and
(m) The national government shall ensure that obligations existing on the date of effectivity of this
decentralization contributes to the continuing Code and arising out of contracts or any other source
improvement of the performance of local of prestation involving a local government unit shall
government units and the quality of community be governed by the original terms and conditions of
life. said contracts or the law in force at the time such
rights were vested;
Sources of Power
Police power is vested primarily with the
1. 1987 Constitution;
national legislature, which may delegate the
2. Local Government Code and special laws;
same to local governments through the
3. Charter of the LGU.
enactment of ordinances through their
legislative bodies (Sanggunian). This
Four Categories of Powers Exercised by
delegation is provided by the general welfare
LGUs
clause under Sec. 16 of the LGC.
1. Powers expressly granted;
2. Powers necessarily implied therefrom; Accordingly, the police power is exercised by
3. Powers necessary, appropriate, or
the Sangguniang Barangay, not the punong
incidental for efficient and effective barangay. The latter merely executes the laws
governance;
and ordinances already enacted [Cruz v.
4. Powers essential to the promotion of the Pandacan Hikers Club, Inc., G.R. No. 188213
general welfare [Sec. 16, LGC].
(2016)].
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It is a general rule that ordinances passed by interfere with personal liberty, with property,
virtue of the implied power found in the general and with business and occupations. Thus,
welfare clause must be reasonable, consonant persons may be subjected to certain kinds of
with the general powers and purposes of the restraints and burdens to secure the general
corporation, and not inconsistent with the laws welfare of the state and to this fundamental aim
or policy of the State [U.S. v. Salaveria, G.R. of government, the rights of the individual may
No. 13678 (1918)]. be subordinated. The ordinance which
regulates the location of funeral homes has
The exercise of police power must not violate been adopted as part of comprehensive zoning
the equal protection clause of the Constitution plans for the orderly development of the area
[Viray v. Caloocan, G.R. No. 23118 (1967)]. covered thereunder [Patalinghug v. Court of
Appeals, G.R. No. 104786 (1994)].
To properly invoke police power, not only must
it appear that the interest of the public generally The exercise of police power by the local
requires an interference with private rights, but government is valid unless it contravenes the
the means adopted must be reasonably fundamental law of the land, or an act of the
necessary for the accomplishment of the legislature, or unless it is against public policy,
purpose and not unduly oppressive upon or is unreasonable, oppressive, partial,
individuals [Balacuit v. Court of First Instance discriminating, or in derogation of a common
of Agusan del Norte and Butuan City, Br. II, right [Tayaban y Caliplip v. People, G.R. No.
G.R. No. L-38429 (1988)]. 150194 (2007)].
“It is an indispensable attribute of sovereignty; Presently, there has been a shift from the literal
a power grounded in the primary duty of to a broader interpretation of “public purpose”
Ordinance Resolution
E.g., expropriation, tax, curfew, appropriations, E.g., congratulatory messages, authorizing local
exercise of police power. chief executive to sign an agreement.
[Garcia v. COMELEC, G.R. No. 111230 (1994)]
On the first regular session following the Quorum shall be based on the total number of
election of its members and within 90 days members elected and qualified. The filing of a
thereafter, the Sanggunian shall adopt or leave of absence does not affect a member’s
update its existing rules of procedure [Sec. 50, election to, and qualification as member of, a
LGC]. local legislative body [Zamora v. Caballero,
G.R. No. 147767 (2004)].
LGC, Sec. 50 does not mandate that no other
business may be transacted on the first regular General Rule: A majority of the members
session [Malonzo v. Zamora, G.R. No. 137718 present, there being a quorum is required for
(2000)]. the valid enactment of an ordinance or
resolution [Art. 107(g), LGC IRR].
The Rules of Procedure Shall Provide Exception: When otherwise provided by the
For: LGC:
1. Organization of the Sanggunian and the ● Any ordinance or resolution authorizing or
election of its officers; directing the payment of money or creating
2. Creation of Standing Committees; a liability requires the approval of the
3. Order and calendar of business for each majority of all the Sanggunian members
session; [Rule VII, Sec. 14 (g), LGC IRR].
4. The legislative process; ● It is legally permissible for the Sanggunian
5. Parliamentary procedures; to provide for a higher voting requirement
6. Disciplinary rules for members for for the enactment or amendment of a
disorderly behavior and absences without particular ordinance [Casiño v. CA, G.R.
justifiable cause for four (4) consecutive No. 91192 (1991)].
sessions, for which they may be censured,
reprimanded, or excluded from the When There Is No Quorum
session, suspended for not more than sixty The presiding officer may declare a recess until
(60) days, or expelled: Provided, That the such time as a quorum is constituted or a
penalty of suspension or expulsion shall majority of the members present may also
require the concurrence of at least two- adjourn from day to day and may compel the
thirds (2/3) vote of all the Sanggunian attendance of any member absent without
members: Provided, further, That a justifiable cause by designating a member of
member convicted by final judgment to the Sanggunian to arrest the absent member
imprisonment of at least one (1) year for and present him at the session.
any crime involving moral turpitude shall be
automatically expelled from the The member designated shall be assisted by a
Sanggunian; and member or members of the police force in the
7. Such other rules as the Sanggunian may territorial jurisdiction of the LGU concerned.
adopt [Sec. 50, LGC].
If there is still no quorum, no business shall be
Quorum transacted. The presiding officer, upon proper
The presence of a quorum is required to motion duly approved by the members present,
transact official business. A majority of all shall then declare the session adjourned for
members of the Sanggunian who have been lack of quorum [Sec. 53, LGC].
elected and qualified shall constitute a quorum
[Sec. 53, LGC].
Posted:
(1) In a bulletin board at the entrance of the provincial capitol or city, 10 days after posting,
municipal, or barangay hall, as the case may be; and unless otherwise stated
(2) In at least 2 other conspicuous places. in the ordinance.
All Ordinances with Penal Sanctions [Secs. 511 & 59(c), LGC]
(1) Posted at prominent places in the provincial capitol or city, Unless otherwise
municipal or barangay hall for a minimum period of 3 consecutive provided therein, the
weeks; ordinance shall take
effect on the day
(2) Gist of such penal ordinance shall be published in a newspaper of following its publication,
general circulation within the province where the local legislative body or at the end of the
belongs; if none, posting shall be made in all municipalities and cities of period of posting,
the said province. whichever occurs.
Within 10 days after their approval, certified true copies shall be 10 days after publication
published in full for 3 consecutive days. or posting, unless
(a) in a newspaper of local circulation, or, (b) if none, the same may be otherwise stated in the
posted in at least two conspicuous publicly places and accessible. ordinance.
Note: Prior Hearing Requirement for Tax and Revenue Measures: Public hearings must be
conducted prior to the enactment of a tax ordinance or revenue measure [Secs. 187 & 188, LGC].
1. Ordinances;
What 2. Resolutions approving programs local All barangay ordinances.
development plans and public.
By Sangguniang Panlungsod or
Sangguniang Panlalawigan
Whom Sangguniang Bayan
Within 3 days from approval, forwarded by Within 10 days from approval, forwarded
When
the Secretary of the Sanggunian. by the Sangguniang Barangay.
If beyond the power conferred upon the Whether consistent with law and the city
Grounds
Sanggunian concerned. and municipal ordinances.
Note: Any attempt to enforce any ordinance or lapse of the 60-day period without the SOJ
resolution approving the local development taking action, the aggrieved party may file
plan or public investment program, after the action with a competent court.
disapproval thereof, shall be sufficient ground
for the suspension or dismissal of the official or Sec. 187, LGC is valid as it is merely an
employee concerned [Sec. 58, LGC]. exercise of the power of supervision [Drilon v.
Lim, G.R. No. 112497 (1994)].
g. Review of Tax Ordinances by the
Secretary of Justice [Sec. 187, LGC] h. Local Initiative and Referendum
Initiative Referendum
The process and the voting in an initiative are Voters will simply write either
Effect in
more complex than in a referendum “Yes” of “No” in the ballot
Process
[Gatmaytan]. [Gatmaytan].
Note: The distinction in jurisprudence between governmental and proprietary acts may not be
applicable after the enactment of the LGC 1991. Under Sec. 24 of the LGC 1991, there is a general
withdrawal of exemption.
General Rule: The LGU is liable only for The public official is personally liable for
contracts that are validly entered in to. damages:
1. In contracts and torts, if he acts:
Exception: The Doctrine of Implied a. Beyond the scope of his powers; or
Municipal Liability provides that an LGU may b. With bad faith [Rivera v. Maclang,
become obligated upon an implied contract to G.R. No. L-15948 (1963)]; and
pay reasonable value of the benefits accepted 2. For his refusal or neglect, without
by it as to which it has the general power to justifiable cause, to perform his official
contract [Province of Cebu v. IAC, G.R. No. duty [Art. 27, Civil Code].
72841 (1987)] on the hiring of a private counsel 3. Municipal Mayor and Vice Mayor were
by the governor which was not repudiated by held liable for back wages for illegally
the provincial board. dismissing a Sanggunian Secretary
[Campol v. Balao-as, G.R. No. 197634
Torts Liability (2016)].
4. Municipal Mayor cannot be held
Under jurisprudence, liability of the LGU would personally liable for the collection of an
depend on the nature of the act. additional levy for special education as
such was done pursuant to an ordinance
a. If in the Performance of a which, at the time of the collection, was yet
Governmental Function to be invalidated [Demaala v. Commission
The LGU is not liable [Palafox v. Province of on Audit, G.R. No. 199752 (2015)].
Ilocos Norte, G.R. No. L-10659 (1958)].
Liability of Public Officials for Ultra Vires
b. If in the Performance of a Proprietary Acts:
Function While a municipality cannot be bound by a
The LGU is liable, such as in the following contract which is void for being ultra vires,
instances: “case law states that the officers who
● The improper grant of a ferry service authorized the same can be held personally
franchise [Mendoza v. de Leon, supra]; accountable for acts claimed to have been
● Deaths caused by a collapsed stage in a performed in connection with official duties
town fiesta [Torio v. Fontanilla, G.R. No. L- where they have acted ultra vires” [Land Bank
29993 (1978)]. of the Philippines v. Cacayuran, supra].
Sangguniang Panlungsod or
2 or more barangays Same city or municipality
Sangguniang Bayan
Resolution of Ties
A tie between or among highest ranking Sanggunian members shall be resolved by the drawing of lots
[Sec. 44(c), LGC].
b. Permanent Vacancies in the Sanggunian [Fariñas v. Barba, G.R. No. 116763 (1996);
Sec. 45, LGC]
If member who If member who
caused vacancy was caused vacancy not
Position Appointing Authority
member of a political a member of any
party political party
N/A
City Sangguniang Recommendation of
Sangguniang
Barangay Municipal Sangguniang
Barangay There is no right to
Mayor Barangay
nominate because the
members of the
Sangguniang
Barangay are not
allowed to have party
affiliations
Grounds
Ground for recall Loss of confidence [Sec. 69, LGC].
Provincial officials: not later than 45 days from completion [Sec. 71,
LGC].
For the office held before succession: The However, when an official loses in an
successor’s assumption by operation of law to election protest and said decision becomes
the higher office (e.g., vice-mayor) is final after said official had served the full
considered an involuntary severance or term for said office, then his loss in the
interruption of the office he previously held election contest does not constitute an
(e.g., councilor), i.e., it is not counted in the interruption since he managed to serve the
application of any term limit [Montebon v. term from start to finish. His full service
COMELEC, G.R. No. 180444 (2008)]. should be counted in the application of the
term limits [Ong v. Alegre, G.R. No. 163295
b. Recall Elections (2006); Rivera III v. COMELEC, G.R. No.
An elective official, who has served for three 167591 (2007)].
consecutive terms and who did not seek the
elective position for what could be his fourth f. Effect of Winning in an Election Protest
term, but later won in a recall election, had an The period during which the winner of an
interruption in the continuity of his service. For, election protest is unable to assume office
he had become in the interim (i.e., from the end as it was occupied by his opponent is
of the 3rd term up to the recall election) a considered to be an involuntary interruption
private citizen [Adormeo v. COMELEC, G.R. in the service of his term and therefore bars
the application of the three-term limit rule
[Abundo, Sr. v. COMELEC, supra].
a. Any agreement relating to the treaty which Bases for Jus Cogens [Draft Conclusion 5,
was made between all the parties in DCJC]
connection with the conclusion of the 1. CIL is the most common basis for
treaty; peremptory norms of general international
b. b. Any instrument which was made by one law (jus cogens).
or more parties in connection with the 2. Treaty provisions and general principles of
conclusion of the treaty and accepted by law.
the other parties as an instrument related
to the treaty. Elements of Jus Cogens [Draft Conclusion
4, DCJC]
The first duty of a tribunal is to endeavor to give 1. The norm must be a norm of general
effect to the provisions of the treaty in their international law;
natural and ordinary meaning in the context in 2. The norm must be accepted and
which they occur. If the words in their natural recognized by the international community
and ordinary meaning are ambiguous or lead of States as a whole; and
to an unreasonable result, only then must the 3. The norms must be one from which no
Court, by resort to other methods of derogation is permitted and which can be
interpretation, seek to ascertain what the modified only by a subsequent norm of
parties really did mean when they used these general international law of the same
words [Competence of the General Assembly character.
(Ad Op), ICJ (1950)].
Acceptance and Recognition [Draft
An agreement as to the interpretation of a Conclusion 6, DCJC]
provision reached after the conclusion of the
“Acceptance and recognition” as a criterion for
treaty represents an authentic interpretation by identifying a peremptory norm of general
the parties. Subsequent practice constitutes
international law (jus cogens) is distinct from
objective evidence of the understanding of the acceptance and recognition as a norm of
parties as to the meaning of the treaties
general international law. To identify a norm as
[Kasikili/Sedudu Island, ICJ (1999)]. jus cogens, there must be evidence that such
a norm is accepted and recognized as one from
1. Concept of Jus Cogens which no derogation is permitted, and which
(Peremptory Norms of International can only be modified by a subsequent norm of
Law) general international law having the same
A peremptory norm of general international law character.
(jus cogens) is a norm accepted and
recognized by the international community of Evidence of Acceptance and Recognition
States as a whole as a norm from which no [Draft Conclusion 8, DCJC]
derogation is permitted and which can be Evidence of acceptance and recognition that a
modified only by a subsequent norm of general norm of general international law is a
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peremptory norm (jus cogens) may take a wide b. Brings their mutual relations into
range of forms. These include, but are not conformity with the peremptory norm of
limited to: general international law [Art. 71,
● Public statements made on behalf of VCLT].
States; 2. If a jus cogens norm arises, any existing
● Official publications; treaty to the contrary becomes void [Art.
● Government legal opinions; 64, VCLT].
● Diplomatic correspondence; a. Releases the parties from any
● Legislative and administrative acts; obligation further to perform the treaty;
● Decisions of national courts; b. Does not affect any right, obligation or
● Treaty provisions; legal situation of the parties created
● Resolutions adopted by an international through the execution of the treaty prior
organization or at an intergovernmental to its termination, provided that those
conference. rights, obligations or situations may
thereafter be maintained only to the
Subsidiary Means for the Determination extent that their maintenance is not in
of Peremptory Character of Norms of itself in conflict with the new
General International Law (Jus Cogens) peremptory norm of general
[Draft Conclusion 9, DCJC] international law [Art. 71, VCLT].
a. Decisions of international courts and
tribunals, in particular of ICJ, are a There Are Consequences for Serious
subsidiary means for determining the Breaches of Peremptory Norms of
peremptory character of norms of general General International Law (Jus Cogens)
international law (jus cogens). [Draft Conclusion 19, DCJC]
b. The works of expert bodies established A breach of an obligation arising under a
by States or international organizations peremptory norm of general international law
and the teachings of the most highly (jus cogens) is serious if it involves a gross or
qualified publicists of the various nations systematic failure by the responsible State to
may also serve as subsidiary means. fulfill that obligation.
c. There must be showing of practice of such
kind as to show a conviction that the States shall cooperate to bring to an end
developing rule was of that specific nature through lawful means any serious breach by a
(superior opinio juris). State of an obligation arising under a
1. Example: If the universal reaction of a peremptory norm of general international law
breach of treaty was to assert that no (jus cogens). No State shall recognize as lawful
derogation was permitted, this is opinio a situation created by a serious breach, nor
juris. render aid or assistance in maintaining that
2. If a State not directly affected by the situation.
breach took counter-measures against
the offending State, and that State 2. Reservations, Withdrawal,
conceded its right to do so, this is Termination, and Rebus Sic Stantibus
opinio that an obligation erga omnes
was involved. a. Reservations
A reservation is a unilateral statement,
Effects of Jus Cogens however phrased or named, made by a State,
1. Treaties to the contrary are void [Art. 53, when signing, ratifying, accepting, approving or
VCLT]. acceding to a treaty, whereby it purports to
a. Eliminates as far as possible the exclude or to modify the legal effect of certain
consequences of any act performed in provisions of the treaty in their application to
reliance on any provision which that State [Art. 2(d), VCLT].
conflicts with the peremptory norm of
general international law; and
Jurisdiction means the power of a state under A State may exercise jurisdiction over an
international law to govern persons and offense committed outside its territory by its
property by its municipal law. This may be national or non-national, by reason of
criminal or civil, and may be exclusive or protecting its security or vital interests.
concurrent with other States [Harris].
4. Passive Personality Principle
Types of Jurisdiction:
a. Prescriptive Jurisdiction: This refers to A State may exercise jurisdiction over crimes
the power of a State to make its law committed without respect to the nationality of
applicable to the activities, relations, or the offender, on the ground that such crimes
status of persons, or the interests of are declared as international crimes by the
persons in things, whether by legislation, international community as a whole and thus
by executive act or order, by administrative are prohibited by international law [Magallona].
rule or regulation, or by determination by a
court. 3. Universality Principle
b. Adjudicative Jurisdiction: This refers to
the State’s jurisdiction to subject persons A State may exercise jurisdiction over crimes
or things to the process of its courts or committed without respect to the nationality of
administrative tribunals, whether in civil or the offender, on the ground that such crimes
in criminal proceedings, whether or not the are declared as international crimes by the
state is a party to the proceedings. international community as a whole and thus
c. Enforcement Jurisdiction: This refers to are prohibited by international law [Magallona].
the State’s jurisdiction to enforce or compel
compliance or to punish noncompliance Example: Jurisdiction is asserted with respect
with its laws or regulations, whether to acts considered committed against the
through the courts or by use of executive, whole world [e.g., piracy, see People v. Lol-lo
administrative, police, or other nonjudicial and Saraw, G.R. No. 17958 (1922)].
action.
Conflict of Jurisdiction
A. Basis of Jurisdiction This arises when two or more States can
exercise jurisdiction based on one or more
different principles of jurisdiction (ex:
1. Territoriality Principle Universality v. Territoriality).
Jurisdiction is determined by reference to the
place where the act occurred or was B. Title to Territory
committed. A State takes jurisdiction over See: Prescription
persons or events within its territory
[Magallona]. This usually refers to criminal C. Adjacent Maritime Seas
jurisdiction.
1. Territorial Sea
2. Nationality Principle
These waters stretch up to 12 miles from the
A State may exercise jurisdiction over an baseline in the seaward direction. They are
offender by virtue of his being its national, subject to the jurisdiction of the coastal state,
without regard as to where he was at the time which jurisdiction almost approximates that
the offense was committed and without respect which is exercised over land territory.
to the nature of the offense [Magallona].
The sovereignty of a coastal State extends,
beyond its land territory and internal waters
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and, in the case of an archipelagic State, its
archipelagic waters, to an adjacent belt of sea, This is subject to two limitations:
described as the territorial sea. This i. It must involve only acts that are
sovereignty extends to the air space over the required by navigation or by distress
territorial sea as well as to its bed and subsoil [Art. 18 (2), UNCLOS]; and
[Art. 2, UNCLOS]. ii. It must not prejudice the peace,
security, or good order of the coastal
Rights that are Available to all States in State [Art. 19, UNCLOS].
Territorial Sea b. Transit Passage
a. Innocent Passage Refers to the right to exercise freedom of
Refers to navigation through the territorial navigation and overflight solely for the
sea without entering internal waters, going purpose of continuous and expeditious
to internal waters, or coming from internal transit through the straights used for
waters and making for the high seas [Art. international navigation. The right cannot
18 (1), UNCLOS]. be unilaterally suspended by the coastal
State [Art. 38, UNCLOS].
c. Rights that are Available to Coastal ii. Crime disturbs peace & good
State order;
1. To prevent passage which is not iii. Assistance has been requested;
innocent; iv. Measures to suppress drug
2. To suspend innocent passage trafficking [Art. 27, UNCLOS].
temporarily [Art. 25, UNCLOS];
3. To apply laws and regulations relating d. Territorial Sea Entitlements
to innocent passage [Art. 21, 1. Islands generate territorial sea, EEZ,
UNCLOS]; and continental shelf [Art. 121 (2),
4. To enforce criminal law if: UNCLOS];
i. Consequences of the crime
extends to the coastal State;
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2. Rocks have a territorial sea but no EEZ b. Rights of the Coastal State in the
or continental shelf [Art. 121 (3), EEZ
UNCLOS];
3. Low-tide elevations have no territorial a. Sovereign rights for exploring and
sea if outside the territorial sea; exploiting, conserving and managing the
i. A low-tide elevation is a naturally natural resources of the waters superjacent
formed area of land which is to the seabed and of the seabed and its
surrounded by and above water at subsoil;
low tide but submerged at high tide b. Establish and use of artificial islands,
[Art. 13, UNCLOS]. installations and structures;
4. Artificial islands do not possess the c. Conduct marine scientific research;
status of islands and do not generate d. Preserve and protect its marine
maritime zones [Art. 60 (8), UNCLOS]. environment [Art. 56, UNCLOS];
e. Authorize and regulate the construction,
2. Contiguous Zone operation and use of artificial islands and
installations and structures [Art. 60,
The contiguous zone is that which is UNCLOS];
contiguous to its territorial sea. It may not f. Determine the allowable catch of living
extend beyond 24 nautical miles from the resources [Art. 61, UNCLOS];
baselines from which the breadth of the g. Give other states access to surplus of the
territorial sea is measured. allowable catch [Art. 62, UNCLOS];
h. Board and inspect a ship;
The powers of the Coastal State over the i. Arrest a ship and its crew;
Contiguous Zone include: j. Institute judicial proceedings against them.
1. Control to prevent infringement of its In arrest or detention of foreign vessels, the
customs, fiscal, immigration or sanitary coastal State has the duty to promptly
laws and regulations within its territory or notify the flag state of the action taken [Art.
territorial sea; and 73, UNCLOS].
2. Control to punish infringement of the above
laws and regulations committed within its c. Rights of the Non-Coastal State
territory or territorial sea [Art. 33,
UNCLOS]. Under Art. 58, UNCLOS, all States enjoy the
freedom of navigation, over flight, and laying of
3. Exclusive Economic Zone submarine cables and pipelines in the EEZ of
coastal states.
The exclusive economic zone (EEZ) is the
stretch of area up to 200 miles from the Coastal States have the primary responsibility
baselines. Within this zone, a State may to utilize, manage and conserve the living
regulate non-living and living resources, other resources within their EEZ (i.e., ensuring that
economic resources, artificial installations, living resources are not endangered by
scientific research, and pollution control. overexploitation), and the duty to promote
optimum utilization of living resources by
a. The Extent of the State’s Rights in determining allowable catch.
the EEZ
There is a duty to share catch if the maximum
The UNCLOS gives the coastal State allowable catch is determined to be above the
sovereign rights overall economic resources of capacity of the State to harvest.
the sea, seabed, and subsoil in an area
extending not more than 200 nautical miles The State shall give other States access to the
beyond the baseline from which the territorial surplus by means of arrangements allowable
sea is measured [Arts. 55 and 57, UNCLOS]. under the UNCLOS. The UNCLOS, however,
This provides a higher threshold for attribution. This presents a lower threshold for attribution.
A general situation of dependence and support There need not be a showing of actual or direct
would thus be insufficient to justify attribution. control.
If the person or group of persons exercise A State would be internationally responsible for
elements of the governmental authority in the the following actions:
absence or default of the official authorities and 1. Aiding or assisting another State in the
in circumstances such as to call for the commission of an internationally wrongful
exercise of those elements of authority. act if: [Art.16, ARSIWA]
a. That State does so with knowledge of
7. Conduct of an Insurrectional or the circumstances of the internationally
Other Movement [Art. 10, ARSIWA] wrongful act; and
b. The act would be internationally
The conduct of an insurrectional movement wrongful if committed by that State.
which becomes the new Government of a State 2. Directing and controlling another State in
shall be considered an act of that State. the commission of an internationally
wrongful act if: [Art. 17, ARSIWA]
The conduct of a movement, insurrectional or a. That State does so with knowledge of
other, which succeeds in establishing a new the circumstances of the internationally
State in part of the territory of a pre-existing wrongful act; and
State or in a territory under its administration b. The act would be internationally
shall be considered an act of the new State. wrongful if committed by that State.
3. Coercing another State if: [Art. 18,
This is without prejudice to the attribution to a ARSIWA]
State of any conduct, however related to that of a. The act would, but for the coercion, be
the movement concerned, which is to be an internationally wrongful act of the
considered an act of that State by virtue of coerced State; and
articles 4 to 9. b. The coercing State does so with
knowledge of the circumstances of the
8. Conduct Acknowledged and act.
Adopted by a State as its Own [Art. 11,
10. Circumstances Precluding
ARSIWA]
Wrongfulness (Defenses)
Conduct not attributable under the preceding
Although a State which fails to act in conformity
articles shall nevertheless be considered an
with an international obligation will typically be
act of that State if and to the extent that the
subject to international responsibility for the
State acknowledges and adopts the conduct in
wrongful act, the State may be excused from
question as its own.
performance of an international obligation if
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circumstances precluding wrongfulness are 2. Limitations of Countermeasures: [Art.
present. 49, ARSIWA]
a. Countermeasures only undertaken to
a. Consent [Art. 20, ARSIWA] against the Responsible State to
Valid consent by a State to the commission of induce it to comply with the legal
a given act by another State precludes the consequences of its internationally
wrongfulness of that act in relation to the former wrongful act;
State to the extent that the act remains within b. Countermeasures shall, as far as
the limits of that consent. possible, be taken in way as to permit
resumption of performance of
b. Self-Defense [Art. 21, ARSIWA] obligations in question;
If the act constitutes a lawful measure of self- c. Countermeasures must be
defense taken in conformity with the UN proportional, commensurate to the
Charter. injury suffered. taking into account the
gravity of the internationally wrongful
Requisites of Collective Self-Defense: act and the rights in question [Art. 51,
a. State must have been the victim of an ASR].
armed attack;
b. The State being attacked is of the belief d. Force Majeure [Art. 23, ARSIWA]
and so declares that it was a victim of an General Rule: If the act is due to force
armed attack; majeure, that is the occurrence of an irresistible
c. The victim State must request for force or of an unforeseen event, beyond the
assistance [Nicaragua v. US, ICJ (1986)]. control of the State, making it materially
impossible in the circumstances to perform the
c. Countermeasures [Article 22, obligation.
ARSIWA]
If and to the extent that the act constitutes a Exceptions: The above rule does not apply if:
countermeasure taken against the latter State a. The situation of force majeure is due, either
in accordance with the ASR. alone or in combination with other factors,
to the conduct of the State invoking it; or
1. Conditions for Countermeasures [Art. b. The State has assumed the risk of that
52, ARSIWA] situation occurring.
a. Prior to taking countermeasures, the
injured State must: e. Distress [Art. 24, ARSIWA]
1. Call upon the responsible State to General Rule: If the author of the act in
fulfill its obligation to cease and question has no other reasonable way, in a
make reparations; situation of distress, of saving the author’s life
2. Notify the responsible State of any or the lives of other persons entrusted to the
decision to take countermeasures author’s care.
and offer to negotiate with that
State. Exceptions:
i. Exception: Notwithstanding the a. The situation of distress is due, either alone
obligation to notify, the injured or in combination with other factors, to the
State may take such urgent conduct of the State invoking it; or
countermeasures as are b. The act in question is likely to create a
necessary to preserve its comparable or greater peril.
rights.
b. Countermeasures may not be taken or f. Necessity [Art. 25, ARSIWA]
must be suspended without undue Elements
delay if: a. It is the only way for the State to safeguard
1. Internationally wrongful act has an essential interest against a grave and
ceased. imminent peril; and
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b. It does not seriously impair an essential B. Reparation
interest of the State or States towards
which the obligation exists, or of the The responsible State is under an obligation to
international community as a whole. make full reparation for the injury caused by the
internationally wrongful act.
Cannot be invoked if:
a. The international obligation in question Injury includes any damage, whether material
excludes the possibility of invoking or moral, caused by the internationally wrongful
necessity; or act of a State.
b. The State has contributed to the situation
of necessity. Full reparation – Means that the responsible
State must endeavor to wipe out all the
g. Other Principles consequences of the illegal act and reestablish
The responsible State may not rely on the the situation which would, in all probability,
provisions of its internal law as justification for have existed if that act had not been committed
failure to comply with its obligations under this [Factory at Chorzów (PCIJ, 1928)]. This may
part [Art. 32, ARSIWA]. be achieved by one form of reparation only or
by a combination of the different forms
None of the circumstances listed above [ARSIWA Draft Articles].
precludes the wrongfulness of any act of a
State which is not in conformity with an Material Damage – Refers to damage to
obligation arising under a peremptory norm of property or other interests of the State and its
general international law [Art. 26, ARSIWA]. nationals which is assessable in financial
terms.
11. Consequences Of an
Internationally Wrongful Act Moral Damage – Includes such items as
individual pain and suffering, loss of loved ones
The international responsibility of a State which or personal affront associated with an intrusion
is entailed by an internationally wrongful act on one’s home or private life [ARSIWA Draft
involves legal consequences [Art. 28, Articles].
ARSIWA].
1. Forms of Reparation
The legal consequences of an internationally
wrongful act under this part do not affect the Full reparation for the injury caused by the
continued duty of the responsible State to internationally wrongful act shall take the form
perform the obligation breached [Art. 29, of restitution, compensation and satisfaction,
ARSIWA]. either singly or in combination [Art. 34,
ARSIWA].
Cessation and Non-Repetition
The State responsible for the wrongful act is a. Restitution [Art. 35, ARSIWA]
under the obligation to:
a. Cease the act if it is still continuing; and A State responsible for an internationally
b. Offer appropriate assurances and wrongful act is under an obligation to make
guarantees of non-repetition, if restitution, that is, to re-establish the situation
circumstances so require [Art. 30, which existed before the wrongful act was
ARSIWA]. committed, provided and to the extent that
restitution:
Cessation – serves as a preventive function a. Is not materially impossible;
upon the wrongful state and is described as a b. Does not involve a burden out of all
positive reinforcement. proportion to the benefit deriving from
restitution instead of compensation.
The Following Are Obligations of State Note: See Arts. 6-15 of the ICESCR for a
Parties Under the ICCPR: complete enumeration of the rights.
1. State parties undertake to respect and to
ensure to all individuals within their territory The obligation of a state party to the ICESCR
the rights enumerated therein, without is to undertake the necessary steps to the
distinction of any kind, such as race, color, maximum of its available resources, with a
sex, language, religion, political or other view to achieving progressively the full
If a remedy is not already provided for by HRC views are not legally binding, as the HRC
existing legislative or other measures, each is not a judicial body. However, the HRC is the
State Party to the present Covenant pre-eminent interpreter of the ICCPR which is
undertakes to take the necessary steps, in itself legally binding. The HRC’s decisions are
accordance with its constitutional processes therefore strong indicators of legal obligations,
and with the provisions of the present so rejection of those decisions is good
Covenant, to adopt such laws or other evidence of a State’s bad faith attitude towards
measures as may be necessary to give effect its ICCPR obligations [Joseph].
to the rights recognized in the present
Covenant. [Article 2(3), ICCPR]. D. International Minimum
Standard and National
The Human Rights Committee
The Human Rights Committee (HRC) is the Treatment (Including
treaty-monitoring body for the ICCPR and Expropriation of Foreign-Owned
designed to be a secondary source of ICCPR Properties)
rights protection.
Definition
There are several communication mechanisms The "international minimum standard" is a
available under the HRC that allow individuals, set of principles derived from customary
groups, and non-governmental organizations international law that require states to provide
to bring human rights violations to the attention certain protections to aliens, foreign investors,
of the HRC and its special procedures. Some and their assets as stationed in the host state.
of these communication mechanisms include: It is a baseline of protection that applies to all
foreign investors, regardless of whether they