Philippine Politics & Governance

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2. The Vice-President cannot serve for more than 2

successive terms.
EXECUTIVE DEPARTMENT
NOTE: The Vice-President may be removed from office in
The President is both the head of State and head of
the same manner as the President. (Sec. 3, Art. VII, 1987
government; hence, executive power is exclusively vested
Constitution)
on him. (Sec. 1, Art. VII, 1987 Constitution)
PRIVILEGES, INHIBITIONS, AND
A. QUALIFICATIONS, ELECTION, AND TERM OF
DISQUALIFICATIONS
THE PRESIDENT AND VICE-PRESIDENT
PRESIDENT
Qualifications of the President and the Vice President (VP)
(Nat-Re2-40-10) 1. Official residence
2. Salary is determined by the law and shall not to be
1. Natural-born citizen of the Philippines;
decreased during his tenure (1987 Constitution, Art
2. A Registered voter; VII, Sec 6)
3. Immunity from suit for official acts.
3. Able to Read and write;
VICE PRESIDENT
4. At least forty (40) years of age on the day of the
election; and 1. Salary is determined by law and shall not to be
decreased during his tenure (1987 Constitution, Art.
5. A resident of the Philippines for at least ten (10) years VII, Sec. 6)
immediately preceding such election. (Sec. 2, Art. VII, 1987 2. If appointed to a Cabinet post, no need for
Constitution) Commission on Appointments’ confirmation. (Sec.
Election of the President and Vice-President 3, Art. VII, 1987 Constitution)

The President and the Vice-President shall be elected by Reason for prohibition against the change of their salary
direct vote of the people. (Sec. 4, Art. VII, 1987 It is meant to prevent the legislature from “weakening their
Constitution) fortitude by appealing to their avarice or corrupting their
Term of office of the President integrity by operating on the necessities.

1. The President a shall have a term of 6 years which shall Doctrine of Executive Immunity
begin at noon on the 30th day of June next following the The President is immune from suit or from being brought to
day of the election and shall end at noon of the same date, court during the period of his incumbency and tenure.
6 years thereafter.
Reason: Assures that the President is free to exercise his
2. The President shall not be eligible for any reelection. Presidential duties and responsibilities without any
3. No person who has succeeded as President and has hindrance or distraction.
served as such for more than four years shall be qualified GR: The privilege of immunity can only be invoked by the
for election to the same office at any time. (Sec. 4, Art. President by virtue of the office, not by any other person on
VII, 1987 Constitution) behalf of the President. (De Lima vs Duterte, G.R. No.
Term of office of the Vice-President (VP) 227635, 15 Oct. 2019)

1. The Vice President shall have a term of 6 years which

shall begin at noon on the 30th day of June next
following the day of the election and shall end at noon of
the same date, 6 years thereafter; and

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Rules on Executive Immunity It is “an omission mode of individual criminal liability,”

whereby the superior is made responsible for crimes
A. Rules on immunity during tenure:
committed by his subordinates for failing to prevent or
1. The President is immune from suit during his tenure. punish the perpetrators (as opposed to crimes he ordered)
(In re: Bermudez, G.R. No. 76180, 24 Oct. 1986)
Elements of Command Responsibility
2. An impeachment complaint may be filed against him
1. The existence of a superior-subordinate relationship
during his tenure. (Art. XI, 1987 Constitution)
between the accused as superior and the perpetrator of the
3. The President may not be prevented from instituting crime as his subordinate;
suit. (Soliven v. Makasiar, G.R. No. 82585, 14 Nov. 1988)
2. The superior knew or had reason to know that the crime
4. There is nothing in our laws that would prevent the was about to be or had been committed;
President from waiving the privilege. He may shed the
3. The superior failed to take the necessary and
protection afforded by the privilege. (Soliven v. Makasiar,
reasonable measures to prevent the criminal acts or punish
ibid.)
the perpetrators thereof. (Rodriguez v. GMA, G.R. Nos.
5. Heads of departments cannot invoke the President’s 191805 & 193160, 15 Nov. 2011)
immunity. (Gloria v. CA, G.R. No. 119903, 15 Aug. 2000)
Presidential Privilege
B. Rule on immunity after tenure: Once out of office, even
It is the power of the President and high-level executive
before the end of the 6- year term, immunity for non-
branch officers to withhold certain types of information
official acts is lost. Immunity cannot be claimed to shield a
from Congress, the courts, and ultimately the public.
nonsitting President from prosecution for alleged criminal
acts done while sitting in office. It must be invoked in relation to specific categories of
information and not to categories of persons.
- A non-sitting President does not enjoy immunity from
suit, even though the acts were done during her tenure. NOTE: A claim of the executive privilege may be valid or
not depending on the ground invoked to justify it and the
- former President cannot be impleaded
context in which it is made. Noticeably absent is any
Purpose of Presidential Immunity: recognition that executive officials are exempt from the
duty to disclose information by the mere fact of being
1. Separation of powers -- so that the President should executive officials. (Senate v. Ermita, G.R. No. 169777, 20
not be subject to the judiciary’s whim. Apr. 2006)
2. Public convenience – to assure the exercise of
presidential duties and functions free from any Persons who can Invoke Executive Privilege
hindrance or distraction.
1. President - Being an extraordinary power, the privilege
NOTE: The immunity of the President from suit is must be wielded only by the highest official in the
personal to the President. It may be invoked only by executive department. Thus, the President may not
the President and not by any other person. Such authorize her subordinates to exercise such power.
privilege pertains to the President by the virtue of the
2. Executive Secretary - upon proper authorization from
office and may be invoked only by the holder of that
the President- must state that the authority is “By order of
office; and not by any other person in his behalf.
the President,” which means he personally consulted with
(Soliven v. Makasiar, ibid.)
the President.
Requirements in Invoking the Privilege
1. There must be a formal claim of the privilege; and
Principle of Command Responsibility

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2. The claim has specific designation and description of the Specific powers of the President
documents within its scope and with the precise and certain
1. Appointing power (Sec. 16, Art. VII, 1987 Constitution)
reasons for preserving their confidentiality.
2. Power of control over all executive departments, bureaus
Reason: Without this specificity, it is impossible for a court
and offices (Sec. 17, Art. VII, 1987 Constitution)
to analyze the claim short of disclosure of the very thing
sought to be protected. 3. Commander-in-Chief powers (Ca-Ma-Ha)
NOTE: Congress, however, must not require the Executive a. Calling-out power;
to state the reasons for the claim with such particularity as
to compel disclosure of the information, which the privilege b. Power to place the Philippines under Martial law; and
is meant to protect (Senate v. Ermita, supra.) c. Power to suspend the privilege of the writ of Habeas
Scope of Executive Privilege corpus. (Sec. 18, Art. VII, 1987 Constitution)

1. Conversations and correspondences to enable the 4. Pardoning power (Sec. 19, Art. VII, 1987 Constitution)
President and those who assist him to freely “explore 5. Borrowing power (Sec. 20, Art. VII, 1987 Constitution)
alternatives in the process of shaping policies and making
decisions and to do so in a way many would be unwilling to 6. Diplomatic/Treaty-making power (Sec. 21, Art. VII, 1987
express except privately”; Constitution)

2. It likewise covers military, diplomatic and other national 7. Budgetary power (Sec. 22, Art. VII, 1987 Constitution)
security matters which, in the interest of national security,
8. Informing power (Sec. 23, Art. VII, 1987 Constitution)
should not be divulged;
9. Veto power (Sec. 27, Art. VI, 1987 Constitution)
3. It includes information between intergovernment
agencies prior to the conclusion of treaties and executive 10. Power of general supervision over local governments
agreements, discussions in closed-door Cabinet meetings, (Sec. 4, Art. X, 1987 Constitution)
and matters affecting national security and public order.
11. Power to call special session (Sec. 15, Art. VI, 1987
Limitation on Executive Privilege Constitution)
Claim of executive privilege is subject to balancing against 2. POWER OF APPOINTMENT
other interest. Simply put, confidentiality in executive
privilege is not absolutely protected by the Constitution. The selection of an individual who is to exercise the
Neither the doctrine of separation of powers nor the need functions of a given office. It may be made verbally but it is
for confidentiality of high level communications can sustain usually done in writing through what is called the
an absolute, unqualified Presidential privilege of immunity commission.
from judicial process under all circumstances. NOTE: The appointing power of the President is executive
POWERS OF THE PRESIDENT in nature. While Congress and the Constitution in certain
cases may prescribe the qualifications for particular offices,
1. GENERAL EXECUTIVE AND the determination of who among those who are qualified
ADMINISTRATIVE POWERS will be appointed is the President’s prerogative. (Pimentel v.
Ermita, G.R. No. 164978, 13 Oct. 2005)
General Executive Power This is the power vested in the
President of the Philippines. (Sec. 1, Art. VII, 1987 Elements in Making a Valid, Complete, and Effective
Constitution) Presidential Appointment: (A-T-V-Acc)
1. Authority to appoint and evidence of the exercise of the
authority;

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2. Transmittal of the appointment paper signed by the endanger public safety. (Sec. 15, Art. VII, 1987
President and evidence of the transmittal; Constitution)
3. A Vacant position at the time of appointment; and POWER OF CONTROL AND SUPERVISION
4. Receipt of the appointment paper and Acceptance of the The President shall have control of all executive
appointment by the appointee who possesses all the departments, bureaus and offices. (Sec. 17, Art. VII, 1987
qualifications and none of the disqualifications Constitution)
NOTE: The possession of the original appointment paper is DOCTRINE OF QUALIFIED POLITICAL AGENCY
not indispensable to authorize an appointee to assume
“Doctrine of Qualified Political Agency” or “Alter Ego
office. If it were indispensable, then a loss of the original
Principle”
appointment paper, which could be brought about by
negligence, accident, fraud, fire, or theft, corresponds to a The acts of the secretaries of the Executive departments
loss of the office. However, in case of loss of the original performed and promulgated in the regular course of
appointment paper, the appointment must be evidenced by a business are presumptively the acts of the Chief Executive
certified true copy issued by the proper office, in this case
the Malacañang Records Office. XPNs to the Alter Ego doctrine
1. If the acts are disapproved or reprobated by the President;

Limitations on the Power of Appointment 2. If the President is required to act in person by law or by
the Constitution. e.g. executive clemency
1. The spouse and relatives by consanguinity or affinity
within the 4th civil degree of the President shall not, NOTE: It would appear though that doctrine of qualified
during his tenure, be appointed as: political agency would not be applicable to acts of cabinet
secretaries done in their capacity as ex-officio board
a. Members of the Constitutional Commissions; directors of a GOCC of which they become a member not
by appointment of the President but by authority of law.
b. Office of the Ombudsman;
Essence of the Alter Ego doctrine
c. Secretaries;
Since the President is a busy man, he is not expected to
d. Undersecretaries; and
exercise the totality of his power of control all the time. He
e. Chairmen or heads of bureaus or offices, including is not expected to exercise all his powers in person. He is
GOCCs and their subsidiaries. (Sec. 13, Art. VII, 1987 expected to delegate some of them to men of his
Constitution) confidence, particularly to members of his Cabinet.
NOTE: If the spouse, etc., was already in any of the above EXECUTIVE DEPARTMENTS AND OFFICES
offices at the time before his/her spouse became President,
Department Heads may exercise power of control on
he/she may continue in office. What is prohibited is
behalf of the President including the power to reverse
appointment and reappointment, not continuation in office.
the judgment of an inferior officer.
They can also be appointed to the judiciary and as
ambassadors and consuls. (Bernas, 2009) For instance, the Sec. of Justice may reverse the judgment
of a prosecutor and direct him to withdraw information
2. Midnight Appointments
already filed. One, who disagrees, however, may appeal to
GR: Two months immediately before the next presidential the Office of the President in order to exhaust
elections and up to the end of his term, a President or administrative remedies prior filing to the court.
Acting President shall not make appointments.
Also, the Executive Secretary when acting “by authority of
XPN: Temporary appointments to executive positions when the President” may reverse the decision of another
continued vacancies therein will prejudice public service or
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 Philippine Politics & Governance
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department secretary. (LacsonMagallanes v. Paño, G.R. No. 1. The President’s proclamation or suspension is temporary,
L-27811, 17 Nov. 1967) good for only 60 days;
LOCAL GOVERNMENT UNITS 2. He must, within 48 hours of the proclamation or
suspension, report on the reason for his action in person or
The power of a superior officer to ensure that the laws are
in writing to Congress;
faithfully executed by subordinates. The power of the
President over LGUs is only of general supervision. Thus, 3. Both houses of Congress, if not in session must jointly
he can only interfere in the affairs and activities of a LGU if convene within 24 hours of the proclamation or suspension
he finds that the latter acted contrary to law. for the purpose of reviewing its validity; and
Any directive, therefore, by the President or any of his alter 4. The Congress, voting jointly, may revoke or affirm the
egos seeking to alter the wisdom of a law-conforming President’s proclamation or suspension, allow their limited
judgment on local affairs of a LGU is a patent nullity, effectivity to lapse, or extend the same if Congress deems
because it violates the principle of local autonomy warranted.
EMERGENCY POWERS Guidelines in the Declaration of Martial Law (IR-PS-60-
48-jointly-30)
In times of war or other national emergency, the Congress
may by law authorize the President, for a limited period and 1. There must be an Invasion or Rebellion, and
subject to such restrictions as it may prescribe, to exercise
2. Public Safety requires the proclamation of martial law
powers necessary and proper to carry out a declared
all over the Philippines or any part thereof.
national policy. Unless sooner withdrawn by resolution of
the Congress, such powers shall cease upon its next 3. Duration: Not more than 60 days following which it shall
adjournment . (Sec. 23(2), Art. VI, 1987 Constitution) be automatically lifted unless extended by Congress.
Conditions for the vesture of emergency powers in the 4. Duty of the President to report to Congress: within 48
President: hours personally or in writing.
1. There must be war or national emergency; 5. Authority of Congress to affirm or revoke or allow the
lapse or extend the effectivity of proclamation: by majority
2. The delegation must be for a limited period only;
vote of all its members voting jointly.
3. The delegation must be subject to such restrictions as the
6. Judicial Review application: The present constitution
Congress may prescribe; and
recognizes the authority of citizens to question the factual
4. The emergency powers must be exercised to carry out a basis for the declaration of martial law, vesting the SC with
national policy declared by Congress. the authority to decide on the case within 30 days of its
filing.
.MILITARY POWERS
Limitations on the Declaration of Martial Law
Scope of the President’s Commander-in-Chief Powers
Absolute authority over the persons and actions of the 1. It does not suspend the operation of the Constitution;
members of the armed forces. The President as
2. It does not supplant the functioning of the civil courts or
Commander-in-Chief can prevent the Army General from
legislative assemblies;
appearing in a legislative investigation and, if disobeyed,
can subject him to court martial. 3. It does not authorize conferment of jurisdiction over
civilians where civil courts are able to function;
DECLARATION OF MARTIAL LAW
NOTE: Civilians cannot be tried by military courts if the
Nature of Martial Law Martial law is a joint power of the
civil courts are open and functioning. (Open Court
President and the Congress. Thus: (60-48-24-jointly)
Doctrine) (Olaguer v. Military Commission No. 34, G.R.
No. L-54558, 22 May 1987).
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4. It does not automatically suspend the privilege of the writ a. Absolute pardon– One extended without any conditions;
of habeas corpus; and (Sec. 18(4), Art. VII, 1987 totally extinguishes criminal liability. (Art. 89(4), RPC)
Constitution)
b. Conditional pardon – One under which the convict is
5. The right to bail shall not be impaired even when the required to comply with certain requirements.
privilege of the writ of habeas corpus is suspended. (Sec.
As to effect:
13, Art. III, 1987 Constitution)
a. Plenary pardon– Extinguishes all the penalties imposed
Ways to Lift the Proclamation of Martial Law
upon the offender, including accessory disabilities.
1. Lifting by the President himself
b. Partial pardon– Does not extinguish all the penalties;
2. Revocation by Congress partially extinguishes criminal liability. (RPC, Art. 94(1)).
3. Nullification by the SC NOTE: A judicial pronouncement that a convict who was
granted a pardon subject to the condition that he should not
4. By operation of law after 60 days
again violate any penal law is not necessary before he can
EXECUTIVE CLEMENCY be declared to have violated the condition of her pardon
(Torres v. Gonzales, G.R. No. L-76872, 23 July 1987)
As an executive function, the grant of clemency is
discretionary, and may not be controlled by the legislature Options of the convict when granted pardon
as to limit the effects of the President’s pardon, or to
1. Conditional Pardon– The offender has the right to reject
exclude from its scope any class of offenders. Also, the
it since he may feel that the condition imposed is more
Courts may not inquire into the wisdom or reasonableness
onerous than the penalty sought to be remitted.
of any pardon granted by the President, or have it reversed,
save only when it contravenes its limitations. It includes 2. Absolute Pardon– The offender has no option at all and
both criminal and administrative cases. must accept it whether he likes it or not.
FORMS OF EXECUTIVE CLEMENCY NOTE: In this sense, an absolute pardon is similar to
commutation, which is also not subject to acceptance by the
Pardon
offender.
An act of grace, which exempts the individual on whom it
Judicial Department
is bestowed from punishment, which the law inflicts for a
crime he has committed. As a consequence, pardon granted It is the duty of the courts of justice to settle actual
after conviction frees the individual from all the penalties controversies involving rights, which are legally
and legal disabilities and restores him to all his civil rights. demandable and enforceable and to determine whether or
But unless expressly grounded on the person’s innocence not there has been a grave abuse of discretion amounting to
(which is rare), it cannot bring back lost reputation for lack or excess of jurisdiction on the part of any branch or
honesty, integrity and fair dealing. instrumentality of the Government.
Purpose of pardon JUDICIAL POWER
To relieve the harshness of the law or correcting mistakes in Body vested with judicial power It is vested in one Supreme
the administration of justice. The power of executive Court and such lower courts as may be established by law.
clemency is a non-delegable power and must be exercised (Sec. 1, Art. VIII, 1987 Constitution)
by the President personally.
Judicial power includes the duty of the courts of justice to
Kinds of pardon settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or
As to presence of condition:
not there has been grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.
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JUDICIAL REVIEW ACTUAL CASE OR CONTROVERSY

The power of the SC to determine the constitutionality of a It involves a conflict of legal rights, assertion of opposite
law, treaty, ordinance, presidential issuance, and other legal claims susceptible of legal resolution.
governmental acts.
LOCUS STANDI
NOTE: When the judiciary mediates to allocate
One who has sustained or is in immediate danger of
constitutional boundaries, it does not assert any superiority
sustaining an injury as a result of the act complained of
over other departments; it does not in reality nullify or
invalidate an act of the legislature, but only asserts the To have standing, one must show that: (I-T-R)
solemn and sacred obligation assigned to it by the
Constitution to determine conflicting claims of authority 1. He has suffered some actual or threatened Injury as a
under the Constitution and to establish for the parties in an result of the allegedly illegal conduct of the government;
actual controversy the rights which that instrument secures 2. The injury is fairly Traceable to the challenged action;
and guarantees to them. This is in truth all that is involved and
in what is termed as ‘Judicial Supremacy’, which properly
is the power of judicial review under the Constitution. 3. The injury is likely to be Redressed by a favorable
action. (Francisco, Jr. & Hizon v. Toll Regulatory Board,
Scope of Judicial Review G.R. Nos. 166910, 19 Oct. 2010)
The courts have the power to pass upon the validity and the JUDICIAL INDEPENDENCE AND FISCAL
constitutionality of laws enacted by the legislature, and AUTONOMY
other bodies of the government.
Constitutional safeguards that guarantee the
Functions of judicial review (C-L-S) independence of the judiciary
1. Checking – Invalidating a law or executive act that is 1. The SC is a constitutional body. It cannot be abolished
found to be contrary to the Constitution. nor may its membership or the manner of its meetings be
2. Legitimizing – Upholding the validity of the law that changed by mere legislation. (Sec. 4(1), Art. VIII, 1987
results from a mere dismissal of a case challenging the Constitution)
validity of the law. 2. Members of the SC may not be removed except by
3. Symbolic – To educate the bench and bar as to the impeachment. (Sec. 2, Art. XI, 1987 Constitution)
controlling principles and concepts on matters of grave 3. The SC may not be deprived of its minimum original and
public importance for the guidance of, and restraint upon appellate jurisdiction as prescribed in Article VIII, Section
the future. (Dumlao v. COMELEC, G.R. No. L-52245, 22 5, of the Constitution. (Sec. 2, Art. VIII, 1987 Constitution)
Jan. 1980)
NOTE: The Congress shall have the power to define,
REQUISITES(A-Lo-E-Mota) prescribe, and apportion the jurisdiction of the various
1. Actual case or controversy courts (all courts below the SC).

2. Locus Standi 4. The appellate jurisdiction of the SC may not be increased

by law without its advice and concurrence. (Sec. 30, Art.
3. The question of constitutionality must be raised at the VI, 1987 Constitution)
Earliest opportunity
5. Appointees to the judiciary are now nominated by the
4. The question of constitutionality must be the lis Mota of JBC and no longer subject to confirmation by the
the case Commission on Appointments. (Sec. 9, Art. VIII, 1987
Constitution)

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6. The SC has administrative supervision over all inferior Purpose of Judicial Privilege
courts and personnel. (Sec. 6, Art. VIII, 1987 Constitution)
To prevent the ‘chilling’ of deliberative communications. It
7. The SC has exclusive power to discipline judges/justices insulates the Judiciary from an improper intrusion into the
of inferior courts. (Sec. 11, Art. VIII, 1987 Constitution) functions of the judicial branch and shields judges, justices,
and court officials and employees from public scrutiny or
8. The members of the judiciary enjoy security of tenure,
the pressure of public opinion that would impair their
which cannot be undermined by a law reorganizing the
ability to render impartial decisions.
judiciary. (Sec. 2(2), Art. VIII, 1987 Constitution)
Requisites for a document to be protected by DPP
9. The members of the judiciary may not be designated to
any agency performing quasijudicial or administrative It must be shown that the document is both:
functions. (Sec. 12, Art. VIII, 1987 Constitution)
1. Pre-decisional – If they were made in the attempt to
10. The salaries of judges may not be reduced during their reach a final decision; and
continuance in office; the judiciary enjoys fiscal autonomy.
2. Deliberative – If it reflects the give-and-take of the
(Sec. 3, Art. VIII, 1987 Constitution)
consultative process such as the disclosure of the
11. The SC alone may initiate the promulgation of the Rules information would discourage open discussion within the
of Court. (Sec. 5(5), Art. VIII, 1987 Constitution) agency.
12. The SC alone may order temporary detail of judges. Waiver of privilege
(Sec. 5(3), Art. VIII, 1987 Constitution)
This privilege, incidentally, belongs to the Judiciary and is
13. The SC can appoint all officials and employees of the for the SC (as the representative and entity speaking for the
Judiciary. (Sec. 5(6), Art. VIII, 1987 Constitution) Judiciary), and not for the individual justice, judge, or court
official or employees to waive. Thus, every proposed
Judicial Privilege (Deliberative Process Privilege or
waiver must be referred to the SC for its consideration and
DPP)
approval.
The privilege against disclosure of information or
Constitutional guarantee of fiscal autonomy
communications that formed the process of judicial
decisions. Fiscal autonomy contemplates a guarantee of full
flexibility to allocate and utilize resources with the wisdom
This applies to confidential matters, which refer to
and dispatch that the needs require.
information not yet publicized by the Court like (1) raffle of
cases, (2) actions taken in each case in the Court’s agenda, It recognizes the power and authority to deny, assess and
and (3) deliberations of the Members in court sessions on collect fees, fix rates of compensation not exceeding the
case matters pending before it. highest rates authorized by law for compensation and pay
plans of the government and allocate and disburse such
This privilege, however, is not exclusive to the Judiciary
sums as may be provided by law or prescribed by it in the
and it extends to the other branches of government due to
course of the discharge of its functions.
our adherence to the principle of separation of powers. (In
Re: Production of Court Records and Documents and the APPOINTMENTS TO THE JUDICIARY
Attendance of Court Officials and Employees as Witnesses
A Member of the Judiciary must be a person of proven
under the Subpoenas of Feb. 10 2012 and the Various
competence, integrity, probity and independence. (Sec. 7(3),
Letters of Impeachment Prosecution Panel dated Jan. 19
Art. VIII, 1987 Constitution)
and 25, 2012, 14 Feb. 2012)

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Kinds of Philippine Courts 3. For at least 10 years, has been engaged in the practice of
law in the Philippines or has held public office in the
1. Supreme Court (SC)
Philippines requiring admission to the practice of law as an
2. Lower Collegiate Courts indispensable requisite;

a. Court of Appeals (CA) 4. Has proven competence, integrity, probity, and

independence. (Sec 15, B.P. 129)
b. Court of Tax Appeals (CTA)
Members of the Metropolitan, Municipal, and
c. Sandiganbayan Municipal Circuit Courts (Nat-30-5P-CIPI)
3. Lower Courts 1. Natural-born citizen of the Philippines;
a. Regional Trial Courts (RTC) 2. At least 30 years of age;
b. Municipal Trial Courts, Metropolitan Trial Courts, 3. For at least 5 years, has been engaged in the practice of
Municipal Trial Court in Cities (MTCC), Municipal Circuit law in the Philippines, or has held Public office in the
Trial Courts (MCTC) Philippines requiring admission to the practice of law as an
QUALIFICATIONS indispensable requisite.

Members of the Supreme Court (Nat-40-15-CIPI) 4. Has proven competence, integrity, probity, and
independence. (Sec. 25, B.P. 129)
1. Natural-born citizen of the Philippines;
COMPOSITION OF THE SUPREME COURT
2. At least forty (40) years of age;
1. Chief Justice
3. Must have been for fifteen years (15) or more, a judge of
a lower court or engaged in the practice of law in the 2. 14 Associate Justices
Philippines; Divisions of the SC It may sit en banc or in its discretion, in
4. Has proven competence, integrity, probity, and divisions of three, five, or seven members. (Sec. 4(1), Art.
independence. (C-I-P-I) (Sec. 7, Art. VIII, 1987 VIII, 1987 Constitution)
Constitution) Qualifications for appointments to the SC
Members of the Court of Appeals (Nat-40-15- CIPI) 1. Natural born citizen of the Philippines;
1. Natural-born citizen of the Philippines; 2. At least 40 years of age; and
2. At least forty (40) years of age; 3. A judge of a lower court or engaged in the practice of law
3. Must have been for fifteen years (15) or more, a judge of in the Philippines for 15 years or more. (Sec. 7(1), Art. VIII,
a lower court or engaged in the practice of law in the 1987 Constitution)
Philippines; The members of the judiciary are appointed by the
4. Has proven competence, integrity, probity, and President of the Philippines from among a list of at least
independence. three (3) nominees prepared by the Judicial and Bar Council
(JBC) for every vacancy.
Members of the Regional Trial Courts: (Nat-35- 10-
CIPI) NOTE: The appointment shall need no confirmation from
the Commission on Appointments. (Sec. 9, Art. VIII, 1987
1. Natural-born citizen of the Philippines; Constitution)
2. At least 35 years of age;

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 Philippine Politics & Governance
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Rules on vacancies in the Judiciary the issues and voted thereon, but in no case without the
concurrence of at least three such members. (Sec. 4(3), Art.
1. Vacancies in the SC should be filled within 90 days from
VIII, 1987 Constitution)
the occurrence of the vacancy. (Sec. 4(1), Art. VIII, 1987
Constitution) Scope of the Procedural Rule-making Power
2. Vacancies in lower courts should be filled within 90 days 1. The protection and enforcement of constitutional rights
from submission to the President of the JBC list.
2. Pleadings, practice and procedure in all courts
Tenure of the members of the SC and judges (1993,
3. Admission to the practice of law
1996, 2000 BAR)
4. The Integrated Bar
Members of the SC and judges of lower courts can hold
office during good behavior until: 5. Legal assistance to the underprivileged
1. The age of 70 years old; or Limitations on its Rule-making Power
2. They become incapacitated to discharge their duties. 1. It should provide a simplified and inexpensive procedure
for the speedy disposition of cases.
3. In the case of Supreme Court Justices, by way of
impeachment 2. It should be uniform for all courts of the same grade.
POWERS AND FUNCTIONS OF THE SUPREME 3. It should not diminish, increase, or modify substantive
COURT rights
En Banc Decisions; Cases that should be heard by the Requirements for the decisions of the SC (ConCert-C-R)
SC en banc (T-Ru-P-Di-Pre-J-E)
1. The Conclusions of the Supreme Court in any case
1. All cases involving the constitutionality of a Treaty, submitted to it for decision en banc or in division shall be
international or executive agreement, or law; reached in consultation before the case is assigned to a
Member for the writing of the opinion of the Court.
2. All cases which under the Rules of Court may be
required to be heard en banc; 2. A Certification to this effect signed by the Chief Justice
shall be issued.
3. All cases involving the constitutionality, application or
operation of Presidential decrees, proclamations, orders, 3. A Copy thereof shall be attached to the record of the case
instructions, ordinances, and other regulations; and served upon the parties.
4. Cases heard by a Division when the required majority in 4. Any Member who took no part, or dissented, or abstained
the division is not obtained; from a decision or resolution, must state the Reason
thereof. (Sec. 13, Art. VIII, 1987 Constitution)
5. Cases where the SC modifies or reverses a doctrine or
principle of law Previously laid either en banc or in NOTE: No decision shall be rendered by any court without
division; expressing therein clearly and distinctly the facts and the
law on which it is based. (Sec. 13, Art. VIII, 1987
6. Administrative cases involving the discipline or dismissal
Constitution)
of Judges of lower courts;
7. Election contests for president or vicepresident.
Cases that may be heard by division
Other cases or matters may be heard in division, and
decided or resolved with the concurrence of a majority of
the members who actually took part in the deliberations on

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 Philippine Politics & Governance
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BILL OF RIGHTS CONCEPT OF RIGHTS TO LIFE, LIBERTY, AND

PROPERTY
It is a set of prescriptions setting forth the fundamental civil
and political rights of the individual, and imposing Right to Life
limitations on the powers of government as a means of
The right to life is not merely a right to the preservation of
securing the enjoyment of those rights.
life but also to the security of the limbs and organs of the
The Bill of Rights governs the relationship between the human body against any unlawful harm.
individual and the State. Its concern is not the relation
This constitutional guarantee includes the right of an
between private individuals. What it does is to declare some
individual to pursue a lawful calling or occupation; to
forbidden zones in the private sphere inaccessible to any
express, write or even paint his ideas for as long as he
power holder.
does not unlawfully transgress the rights of others; to
Privacy and Autonomy exercise his freedom of choice whether this is in the area
of politics, religion, marriage, philosophy and
The Bill of Rights cannot be invoked against private
employment, or even in the planning of his family; and
individuals. In the absence of governmental interference,
in general, to do and perform any lawful act or activity
the liberties guaranteed by the Constitution cannot be
which, in his judgment, will make his life worth living.
invoked. The equal protection erects no shield against
(Suarez, 2016)
private conduct, however discriminatory or wrongful.
The right to life commences upon “conception, that is,
Relation to Human Rights
upon fertilization. Hence, the obligation upon the State
The Philippine Bill of Rights “establishes the relationship to “equally protect the life of the mother and the life of the
of the individual to the State and defines the rights of the unborn from conception” and “to prevent the Legislature
individual by limiting the lawful powers of the State.” from enacting a measure legalizing abortion.”
(Smith, 1945)
Right to Liberty
DUE PROCESS
It is not only the right of a citizen to be free from the
No person shall be deprived of life, liberty, or property mere physical restraint of his person, as by incarceration,
without due process of law, nor shall any person be denied but the term is deemed to embrace the right of the
the equal protection of the laws. (Sec. 2, Art. III, 1987 citizen to be free in the engagement of all his faculties; to
Constitution) be free to use them in all lawful ways

Due process is a guaranty against any arbitrariness on the Right to Property

part of the government, whether committed by the
It refers to things which are susceptible of appropriation,
legislature, the executive, or the judiciary. Any government
and which are already possessed and found in the
act that militates against the ordinary norms of justice or
possession of man.
fair play is considered an infraction of the great guaranty of
due process; and this is true whether the denial involves Due Process means:
violation merely of the procedure prescribed by the law or
1. There shall be a law prescribed in harmony with the
affects the validity of the law itself.
general powers of the legislature;
Due process of law has two aspects: substantive and
2. It shall be reasonable in its operation;
procedural. In order that a particular act may not be
impugned as violative of the due process clause, there must 3. It shall be enforced according to the regular methods of
be compliance with both the substantive and the procedural procedure prescribed; and
requirements thereof.
4. It shall be applicable alike to all citizens of the State or to
all of the class.

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Purpose STATUTORY DUE PROCESS

The due process clause is a guaranty against any kind of While found in the Labor Code and Implementing Rules, it
abuse and arbitrariness, by anyone in any of the branches of protects employees from being unjustly terminated without
government. just cause after notice and hearing.
1. Prevent undue encroachment against the life, liberty, and Effect when Due Process is not observed
property of individuals.
The cardinal precept is that where there is a violation of
2. Secure the individual from the arbitrary exercise of basic constitutional rights, courts are ousted from their
powers of the government, unrestrained by the established jurisdiction. The violation of a party's right to due process
principles of private rights and distributive justice. raises a serious jurisdictional issue which cannot be glossed
over or disregarded at will.
3. Protect property from confiscation by legislative
enactments from seizure, forfeiture, and destruction without Where the denial of the fundamental right to due process is
a trial and conviction by the ordinary modes of judicial apparent, a decision rendered in disregard of that right is
procedures. void for lack of jurisdiction. This rule is equally true in
quasi-judicial and administrative proceedings, for the
Kinds of Due Process
constitutional guarantee that no man shall be deprived of
1,Substantive Due Process life, liberty, or property without due process is unqualified
by the type of proceedings (whether judicial or
It requires the intrinsic validity of the law in interfering administrative) where he stands to lose the same.
with the rights of the person to his life, liberty, or property
Effect of Waiver or Estoppel
If a law is invoked to take away one’s life, liberty or
property, the more specific concern of substantive due Due process is satisfied when the parties are afforded a fair
process is not to find out whether said law is being enforced and reasonable opportunity to explain their respective sides
in accordance with procedural formalities but whether the of the controversy. Thus, when the party seeking due
said law is a proper exercise of legislative power. process was in fact given several opportunities to be heard
and air his side, but it is by his own fault or choice he
2. Procedural Due Process squanders these chances, then his cry for due process must
Procedural due process is the aspect of due process which fail.
serves as a restriction on actions of judicial and quasi- Relativity of Due Process
judicial agencies of the government. It refers to the method
and manner by which a law is enforced. Relativity of due process arises when the definition of due
process has been left to the best judgment of our judiciary
The Fundamental Elements of Procedural Due Process considering the peculiarity and the circumstances of each
(N-O-J) case.
1. Notice (to be meaningful, must be as to time and place); In a litany of cases that have been decided in this
2. Opportunity to be heard; and jurisdiction, the common requirement to be able to conform
to due process is fair play, respect for justice and respect for
3. Court/tribunal must have Jurisdiction. the better rights of others.
Constitutional vs. Statutory Due Process In accordance with the standards of due process, any court
at any particular time, will be well guided, instead of being
Constitutional Due Process
merely confined strictly to a precise definition which may
Protects the individual from the government and assures or may not apply in every case.
him of his rights in criminal, civil or administrative
proceedings.

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VOID-FOR-VAGUENESS ARRESTS, SEARCHES AND SEIZURES

A law is vague when it lacks comprehensive standards that Constitutional requirements of a valid search warrant
men of common intelligence must necessarily guess at its or warrant of arrest (P-J-E-P)
common meaning and differ as to its application. In such
1. It must be issued upon determination of Probable cause;
instance, the statute is repugnant to the Constitution
because: 2. The probable cause must be determined by the Judge
himself and not by the applicant or any other person;
1. It violates due process for failure to accord persons,
especially the parties targeted by it, fair notice of what 3. In the determination of probable cause, the judge must
conduct to avoid; and Examine, under oath or affirmation, the complainant and
such witnesses as the latter may produce; and
2. It leaves law enforcers an unbridled discretion in carrying
out its provisions 4. The warrant issued must Particularly describe the place
to be searched and persons and things to be seized.
The Supreme Court held that the doctrine can only be
invoked against that species of legislation that is utterly The right against unreasonable searches and seizures is
vague on its face, i.e., that which cannot be clarified either personal and may be invoked only by the person entitled to
by a saving clause or by construction. it. Therefore, one who is not the owner or lessee of the
premises searched, or who is not an officer of a corporation
As a rule, a statute or act may be said to be vague when it
whose papers are seized, cannot challenge the validity of
lacks comprehensible standards that men of common
the search or seizure
intelligence must necessarily guess at its meaning and differ
as to its application. Search Warrant
JUDICIAL AND ADMINISTRATIVE DUE PROCESS The judge must personally examine in the form of
searching questions and answers, in writing and under oath,
JUDICIAL DUE PROCESS
the complainant and the witnesses he may produce on facts
Whether in civil or criminal judicial proceedings, due personally known to them.
process requires that there be:
The determination of probable cause depends to a large
1. An impartial and disinterested court clothed by law with extent upon the finding or opinion of the judge who
authority to hear and determine the matter before it; NOTE: conducted the required examination of the applicant and the
The test of impartiality is whether the judge’s intervention witnesses.
tends to prevent the proper presentation of the case or the
Warrant of Arrest
ascertainment of the truth.
It is not necessary that the judge should personally
2. Jurisdiction lawfully acquired over the defendant or the
examine the complainant and his witnesses; the judge
property which is the subject matter of the proceeding;
would simply personally review the initial determination of
3. Notice and opportunity to be heard be given to the the prosecutor to see if it is supported by substantial
defendant; and evidence.
4. Judgment to be rendered after lawful hearing, clearly He merely determines the probability, not the certainty of
explained as to the factual and legal bases. (Sec. 14, Art. guilt of the accused and, in so doing, he need not conduct a
VII, 1987 Constitution) new hearing
ADMINISTRATIVE DUE PROCESS
Usually through seeking a reconsideration of the ruling or
the action taken, or appeal to a superior authority

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REQUISITES OF A VALID WARRANT involved in the violation of Article 201 of the RPC even if
the accused was acquitted.
Search warrant
Nature of Search Warrant Proceedings
A search warrant is an order in writing issued in the name
of the People of the Philippines, signed by a judge and Neither a criminal action nor a commencement of a
directed to a peace officer, commanding him to search for prosecution. It is solely for the possession of personal
personal property described therein and bring it before the property.
court. (Sec. 1, Rule 126, ROC)
Probable Cause
A search may be conducted by law enforcers only on the
It requires facts and circumstances that would lead a
strength of a search warrant validly issued by a judge.
reasonably prudent man to believe that an offense has been
Articles which are the product of unreasonable searches and
committed and that the objects sought in connection with
seizures are inadmissible as evidence. Search warrants to be
that offense are in the place to be searched.
valid must particularly describe the place to be searched and
the persons or things to be seized. Such facts and circumstances antecedent to the issuance of
a warrant that in themselves are sufficient to induce a
The right to be secure from unreasonable search may, like
cautious man to rely on them and act in pursuance thereof
every right, be waived, and such waiver may be made either
expressly or impliedly. The evidence necessary to establish probable cause is
based only on the likelihood, or probability, of guilt
Arrest Warrant
Thus, probable cause can be established with hearsay
A warrant of arrest is issued by a judge after he had
evidence, as long as there is substantial basis for crediting
determined the existence of a probable cause for the arrest
the hearsay
of the accused, and to subsequently place the accused in
immediate custody so as not to frustrate the ends of justice. Personal knowledge
In other words, a warrant is issued once the judge had
determined that the accused might have indeed committed 1. The person to be arrested must execute an overt act
the crime, is not falsely charged therewith, and deserves to indicating that he had just committed, is actually
undergo the tribulations, expenses, and anxiety of a public committing, or is attempting to commit a crime; and
trial. 2. Such overt act is done in the presence or within the
Properties Subject to Seizure: view of the arresting officer.

1. Property subject of the offense; Time of Making Arrest

2. Stolen or embezzled property and other proceeds or An arrest may be made on any day and at any time of the
fruits of the offense; or day or night. (Sec. 6, Rule 113, ROC) Thus, in a case where
a respondent judge was accused for grave abuse of authority
3. Property used or intended to be used as means for the for the issuance of warrant of arrest on a Friday to ensure
commission of an offense. complainant’s incarceration for two days, the Supreme
Court stated that the said judge cannot be held liable
It is not necessary that the person named in the search
because nowhere in the Rules or in our jurisprudence can
warrant be the owner of the things seized. Ownership is of
we find that a warrant of arrest issued on a Friday is
no consequence. What is relevant is that the property is
prohibited
connected to an offense.
Seized items in violation of Art. 201 of the RPC, such as
immoral doctrines, obscene publications, and indecent
shows, can be destroyed even if the accused was acquitted.
P.D. 969 or An Act amending Art. 201 mandates the
forfeiture and destruction of pornographic materials
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WARRANTLESS ARRESTS AND DETENTION Waiver of Unlawful Arrests and Illegal Searches
WARRANTLESS ARRESTS A waiver of an illegal arrest, however, is not a waiver of an
illegal search. Records have established that both the arrest
An arrest can be made by a peace officer or a private person
and the search were made without a warrant. While the
without a warrant in the following instances
accused has already waived his right to contest the legality
1. “In flagrante delicto” arrest: when (a) the person to be of his arrest, he is not deemed to have equally waived his
arrested must execute an overt act indicating he has just right to contest the legality of the search.
committed, is actually committing, or is attempting to
DETENTION
commit a crime; and (b) such overt act is done in the
presence or within the view of the arresting officer. (Valdez Detention is defined as the actual confinement of a person
v. People, G.R. No. 170180, 23 Nov. 2007) in an enclosure, or in any manner detaining and depriving
him of his liberty.
2. “Hot pursuit” arrest: when (a) an offense has just been
committed; and (b), the arresting officer has probable cause A person is detained when he is in confinement or there is a
to believe based on personal knowledge of facts or restraint in his person,
circumstances that the person to be arrested has committed
Classes of Arbitrary Detention (A-Del2)
it. (Pestilos v Generoso, G.R. No. 182601, 10 Nov. 2014)
1. Arbitrary detention by detaining a person without legal
NOTE: That a crime was in fact committed does not
ground; (Art. 124, RPC)
automatically bring the case under “hot pursuit” arrests”.
There must be “probable cause” and there must be 2. Delay in the delivery of detained persons to the proper
“immediacy” in the time frame from the commission of the judicial authorities - committed by failure of the public
crime. (Verdiano v. People, G.R. No. 200370, 07 June 2017) officer to deliver the detained person to the proper judicial
authorities within 12, 18 or 36 hours; or (Art. 125, RPC)
The existence of “probable cause” is the “objectifier” or the
determinant on how the arresting officer shall proceed on 3. Delaying release of prisoners despite the judicial or
the facts and circumstances, within his personal knowledge, executive order to do so. (Art. 126, RPC)
for purposes of determining whether the person to be
arrested has committed the crime. The “probable cause” for The detention of a person is without legal ground when:
arresting officers is distinct from the “probable cause” for 1. When the offended party was arrested without a warrant
public prosecutors and judges. (Pestilos v. Generoso, G.R. of arrest;
No. 182601, 10 Nov. 2014)
2. When the said offended party was arrested and his arrest
3. When the person to be arrested is a prisoner who has and detention does not fall under any of the circumstances
escaped from a penal establishment or place where he is of a valid warrantless arrest; or
serving final judgment or is temporarily confined while his
case is pending or has escaped while being transferred from 3. When he is not suffering from violent insanity or any
one confinement to another. other ailment which requires compulsory confinement.
(Reyes, 2017)
NOTE: Should an arrest be made not in accordance with
the above rules, or otherwise put, if the arrest is not lawfully Even if a public officer has the legal duty to detain a person,
warranted, such apprehension will be declared illegal, and the public officer must be able to show the existence of
the arresting officers may be prosecuted for the crime of legal grounds for the detention. Without these legal
Arbitrary Detention under Art. 124 of the RPC, which grounds, the public officer is deemed to have acted in a
penalizes any public officer or employee who, without legal private capacity and is considered a private individual. The
grounds, detains a person. This is in addition to such other public officer becomes liable for kidnapping and serious
crimes or offenses that may be committed in the course of illegal detention punishable by reclusion perpetua, not with
the illegal apprehension and detention. (Art. 124, RPC) arbitrary detention punished with significantly lower
penalties.

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Effects of Illegal Detention that is, the consent must be unequivocal, specific,
intelligently given, and uncontaminated by any duress or
Any public officer or employee who without legal grounds,
coercion. (Caballes v CA, G.R. No. 136292, 15, Jan. 2002)
detains a person, shall suffer a penalty of imprisonment.
(2015 BAR)
(Art. 124, RPC)
7. Customs search;
Illegal detention
8. Searches of vessels and aircraft for violation of
When a private individual makes an arrest without
immigration and drug laws;
complying with the requisites under Article 125, he shall be
guilty of illegal detention under Articles 267 or 268. (Reyes, 9. Searches of buildings and premises to enforce fire.
2017) Sanitary, and building regulations; and
The arresting officer is duty-bound to release a detained 10. Exigent and emergency circumstances. (People v. De
person if the maximum hours for detention provided under Gracia, G.R. Nos. 102009-19, 06 July 1994)
Article 125 of the RPC has already expired. Failure to cause
Plain View Doctrine
the release may result in an offense.
Under the plain view doctrine, objects falling in the "plain
The illegality of the detention is not cured by the
view" of an officer, who has a right to be in the position to
subsequent filing of information in court because a
have that view, are subject to seizure and may be presented
violation had already been committed before the
as evidence.
information was filed. (Reyes, 2017)
Requisites to apply Plain View Doctrine: (J-I-A)
WARRANTLESS SEARCHES
1. The law enforcement officer in search of the evidence has
1. Visual search is made of moving vehicles at checkpoints;
a valid Justification for an intrusion or is in a position from
2. Search is an incident to a valid arrest; which he can view a particular area;
NOTE: An officer making an arrest may take from the 2. The discovery of the evidence in plain view is
person: Inadvertent; and
a. Any money or property found upon his person which 3. It is immediately Apparent to the officer that the item he
was used in the commission of the offense observes may be evidence of a crime, contraband, or
otherwise subject to seizure
b. Was the fruit thereof
Stop-and-frisk search
c. Which might furnish the prisoner with the means of
committing violence or escaping Limited protective search of outer clothing for weapons.
Probable cause is not required but a genuine reason must
d. Which might be used as evidence in the trial of the case
exist in light of a police officer’s experience and
3. Search of passengers made in airports; surrounding conditions to warrant the belief that the person
detained has weapons concealed
4. When things seized are within plain view of a searching
party (Plain View Doctrine); "Stop and frisk" searches (sometimes referred to as Terry
searches) are necessary for law enforcement. That is, law
5. Stop and frisk (Terry search); enforcers should be given the legal arsenal to prevent the
6. When there is a valid express waiver made voluntarily commission of offenses. However, this should be balanced
and intelligently. with the need to protect the privacy of citizens in
accordance with Sec. 2, Art. III of the 1987 Constitution.
NOTE: Consent to a search is not to be lightly inferred but
shown by clear and convincing evidence. Consent must also
be voluntary in order to validate an otherwise illegal search;

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Checkpoints mention the name of Examination eg.PPG )

Searches conducted in checkpoints are lawful, provided the examination.
checkpoint complies with the following requisites: (Pro-S-
Vi) In return I promise to make you known and
cause you to be invoked.
1. The establishment of checkpoint must be Pronounced;
2. It must be Stationary, not roaming; and O St. Joseph of Cupertino pray for me
3. The search must be limited to Visual search and must not O Holy Ghost enlighten me
be an intrusive search.
Our Lady of Good Studies pray for me
Not all searches and seizures are prohibited. Between the
inherent right of the State to protect its existence and Sacred Head of Jesus,
promote public welfare and an individual’s right against
warrantless search which is however reasonably conducted, Seat of divine wisdom, enlighten me.
the former should prevail.
St. Joseph of Cupertino, Pray for us.
A checkpoint Is akin to a stop-and-frisk situation whose
object is either to determine the identity of suspicious Amen.
individuals or to maintain the status quo momentarily while
the police officers seek to obtain more information.
Effects of Unreasonable Searches and Seizures
Any evidence obtained in violation of the right against
unreasonable searches and seizures shall be inadmissible for
any purpose in any proceeding. (Sec. 3 (2), Art. III, 1987
Constitution)
NOTE: If the illegally seized object is a subject of
litigation, it will remain in custodia legis until the case is
terminated

Prayer To Saint Joseph of Cupertino

O Great St. Joseph of Cupertino who while on
earth did obtain from God the grace to be
asked at your examination only the questions
you knew, obtain for me a like favour in the
examinations for which I am now preparing. In
return I promise to make you known and cause
you to be invoked. Through Christ our Lord.
O St. Joseph of Cupertino who by your prayer
obtained from God to be asked at your
examination, the only proposition you knew.
Grant that I may like you succeed in the (here

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