Professional Documents
Culture Documents
IN POLITICAL LAW
NATIONAL TERRITORY
Important Questions
What is the basis of the
Philippines claim to a part of
the Spratly Islands?
What is the concept of the
exclusive economic zone,
contiguous zone, and
territorial sea under the
UNCLOS?
SPRATLYS CLAIM
The basis of the Philippine claim is
effective occupation of a territory not
subject to the sovereignty of another
state.
The Kalayaan Island group has
remained under Phil. military control
since 1978. The island is also a
municipality of the province of
Palawan.
Important Definitions
The Exclusive Economic Zone is an
area beyond and adjacent to the
territorial sea, which shall not extend
beyond 200 nautical miles from the
baseline from which the territorial sea
is measured.
Territorial sea is 12 nautical miles from
the baseline.
Contiguous zone is 24 nautical miles
from the baseline.
ARCHIPELAGIC DOCTRINE
The archipelagic doctrine emphasizes the unity
of land and waters by defining an archipelago
either as a group of islands surrounded by
waters or a body of waters studded with islands.
This is reflected in Art. 1, Sec. 1 of the 1987
Constitution which states that the waters
around, between, and connecting the islands
of the archipelago, regardless of their
breadth and dimension forms part of the
internal waters of the Phils.
ARCHIPELAGIC DOCTRINE
ARCHIPELAGIC DOCTRINE
STATE IMMUNITY
Sovereign Immunity
According to the absolute theory, a
sovereign cannot, without its consent, be
made a respondent in the courts of another
sovereign.
According to the restrictive theory, the
immunity of the sovereign is recognized
only with regard to public acts or acts jure
imperii of a state, but not with regard to
private acts or acts jure gestionis
TEST OF IMMUNITY
NO IMMUNITY
The rule does not apply where the public official
is charged in his official capacity for acts that are
unlawful and injurious to the rights of others.
Public officials are not exempt, in their personal
capacity, from liability arising from acts
committed in bad faith.
Neither does it apply where the public official is
clearly being sued not in his official capacity but
in his personal capacity, although the acts
complained of may have been committed while
he occupied a public position.
(Amado J.
Lansang v. CA, G.R. No. 102667, Feb. 23, 2000,
DELEGATION
OF POWERS
DECLARATION OF
PRINCIPLES
AND STATE POLICIES
FOREIGN POLICY
The State shall pursue an independent
foreign policy. In its relations with other
states the paramount consideration shall
be national sovereignty, territorial
integrity, national interest, and the right
to self-determination.
--- Article II, Sec. 7[1987 Constitution]
Doctrine of Incorporation
The Philippines renounces war as an
instrument of national policy, adopts the
generally accepted principles of
international law as part of the law of
the land, and adheres to the policy of
peace, equality, justice, freedom,
cooperation and amity with all nations.
--- Article II, Sec. 2, [1987 Constitution]
Economic Nationalism
The State shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos. (Sec. 19, Art. II, 1987
Constitution)
In the grant of rights, privileges, and
concessions covering the national economy
and patrimony, the State shall give
preference to qualified Filipinos. (Sec. 10,
Art. XII, 1987 Constitution)
Alternative Answer:
Article II, Section 3 of the 1987 Constitution can be
interpreted to mean that the Armed Forces of the
Philippines can be a legitimate instrument for the
overthrow of the civilian government if it has ceased
to be the servant of the people. (Bernas, The 1987
Constitution of the Philippines: A Commentary, 2003
ed., p. 66.)
This provision does not apply to the Philippine
National Police, because it is separate and distinct
from the Armed Forces of the Philippines. (Record of
the Constitutional Commission, Vol. V, p. 296, Manalo
v. Sistoza. 312 SCRA 239 [1999].)
Q6(2)(06)
What Constitutional provisions institutionalize the
principle of civilian supremacy?
Suggested Answer:
Civilian authority is at all times supreme over the
military. [Article II, Section 3]
The installation of the President, the highest civilian
authority, as the Commander-in-Chief of the military.
[Article VII, Section 18]
The requirement that members of the AFP swear to
uphold and defend the Constitution, which is the
fundamental law of the civil government. [Article XVI,
Section 5(1)]
The requirement that members of the AFP shall have
respect for people's rights in the performance of their
duty. [Article XVI, Section 5(2)]
Q:
What
is
the
strict
separationist approach?
A:
It
believes
that
the
establishment
clause
was
meant to protect the State from
the church, and the States
hostility towards religion allows
no interaction between the two.
CITIZENSHIP
Sin
Filipino
A:
Yes, because he is the legitimate child
of a Filipino mother.
Under Article IV, Section 4 of the 1987
Constitution, his mother retained her
Philippine citizenship despite her
marriage to an alien husband, and
according to Article IV, Section 1(2) of
the 1987 Constitution, children born of
a Filipino mother are Filipino Citizens.
(2003 Bar Question)
QUESTION:
A was a natural born citizen of the
Philippines who became a naturalized citizen of the
U.S. A sought to reacquire his Philippine citizenship
under RA 9225.
He then took his Oath of Allegiance to the Republic of
the Philippines with the Philippine Consulate General
(PCG) of Los Angeles, California. The Vice Consul and
the Bureau of Immigration then issued an Identification
Certificate recognizing A as a citizen of the Philippines.
Six months after, A filed his Certificate of Candidacy for
the Position of Vice-Mayor of the Municipality of
Catarman, Camiguin.
B filed a Petition for Disqualification against A, arguing
that the latter failed to renounce his US citizenship, as
required under R.A. 9225. Decide.
QUESTION:
A is a naturalized citizen of
another country who reacquires
Filipino citizenship. On the other
hand,
B
possesses
dual
citizenship by birth.
If they desire to run for elective
public office, what requirement must
they comply with as regards their
citizenship?
Answer:
A must comply with the requirements set in
R.A 9225. Sec 5(3) of R.A. 9225 states that
naturalized citizens who reacquire Filipino
citizenship and desire to run for public office
shall make a personal and sworn
renunciation of any and all foreign
citizenship before any public officer
authorized to administer an oath aside from
the oath of allegiance prescribed in Section
3 of R.A. 9225.
Answer:
B need not comply with the twin requirements of
swearing an oath of allegiance and executing a
renunciation of foreign citizenship because he is a
natural-born Filipino who did not subsequently
become a naturalized citizen of another country. It
is sufficed, if upon the filing of his certificate of
candidacy, he elects Philippine citizenship to
terminate his status as person with dual citizenship
considering that his condition in the unavoidable
consequence of conflicting laws of different States.
(Cordora v. COMELEC, G.R. No. 176947,
February 19, 2009).
Suggested Answer:
A. 1) According to Section 4, Article IV of the
Constitution, Filipino citizens who marry aliens retain
their citizenship, unless by their act or omission they
are deemed, under the law, to have renounced it.
QUESTION:
Victor Ahmad was born on December 16, 1972 of a
Filipino mother an alien father. Under the law of his
fathers country, his mother did not acquire his
fathers citizenship.
Victor consults you on December 21, 1993 and
informs you of his intention to run for Congress in the
1995 elections. Is he qualified to run? What advice
would you give him? Would your answer be the same
if he had seen and consulted you on December 16,
1991 and informed you of his desire to run for
Congress in the 1992 elections?
Discuss your answer.
LEGISLATIVE
DEPARTMENT
INCOMPATIBLE
AND
FORBIDDEN
OFFICES
INCOMPATIBLE OFFICE
No senator or member of the House of
Representatives may hold any other office or
employment in the Government, or any
subdivision, agency, or instrumentality thereof,
including government owned and controlled
corporations or their subsidiaries during his term
without forfeiting his seat.
Note: Forfeiture of the seat in Congress shall be automatic
upon the members assumption of such other office
deemed incompatible with his seat in Congress.
However, no forfeiture shall take place if the member of
Congress holds the other government office in an exofficio capacity.
Parliamentary
Inhibitions and
Disqualifications
SESSIONS
2.
3.
4.
INTERNAL
GOVERNMENT
OF
CONGRESS
What is a quorum?
A quorum is such number which enables a
body to transact its business. It is such
number which makes a lawful body and
gives such body the power to pass a law or
ordinance or any valid act that is binding.
1. Appropriation Bills;
2. Private Bills;
3. Revenue Bills;
4. Bills Increasing public debt
5. Local bills
CONGRESSIONAL
ELECTORAL
TRIBUNALS
of
the
COMMISSION
ON
APPOINTMENTS
as
2. 12 Senators; and
3. 12 Members of the HoR.
ex-officio
What
are
the
confirmation?
limitations
on
POWERS
OF
CONGRESS
Appropriation bills
Private bills
Revenue bills
Increase of Public debt
Local bills
Note: The initiative for filing of ART Bills must come from the
House, but it does not prohibit the filing in the Senate of a
substitute bill in anticipation of its receipt of the bill from the
House, so long as the action by the Senate is withheld
pending the receipt of the House bill (Tolentino v. Sec. of
Finance, G.R. No. 115455, August 25, 1994)
WAR
POWERS
the
POWER OF
APPROPRIATION
LEGISLATIVE
INQUIRIES
Are
matters
involving
diplomatic
negotiations covered by executive
privilege?
Yes. It is clear that while the final text of the JPEPA
may not be kept perpetually confidential, the offers
exchanged by the parties during the negotiations
continue to be privilege even after the JPEPA is
published. Disclosing these offers could impair the
ability of the Philippines to deal not only with Japan but
with other foreign governments in future negotiations
(AKBAYAN Citizens Action Party v. Aquino et al., G.R.
No. 170516, 16 July 2008)
Note: Such privilege is only presumptive.
LEGISLATIVE
PROCESS
EXECUTIVE
DEPARTMENT
Appointing power
Power of control and supervision
Commander-in-Chief powers
Pardoning power
Borrowing power
Diplomatic powers
Budgetary power
Informing power
Immunity from suit
SALARIES
AND
EMOLUMENTS
4.
iii.
iv.
6.Presidential Illness:
i.
informed
the
ii.
Even during such illness, the National Security Adviser,
Secretary of Foreign Affairs, and the Chief of Staff of the AFP are
entitled access to the President.
PROHIBITIONS
The
Chief
Presidential
Legal
Counsel was also appointed as
Chairman of the PCGG. May the two
offices be held by the same person?
No. The two offices are incompatible.
Without question, the PCGG is an agency
under the Executive Department. Thus, the
actions of the PCGG Chairman are subject
to the review of the CPLC.
Define Appointment.
It is defined as the selection, by the
authority vested with the power, of an
individual who is to exercise the functions
of a given office.
Midnight appointment
COMMANDER-IN-CHIEF
POWERS
What are
Power?
the
kinds
of
Military
Note: Martial law shall not be more than 60 days following which it
shall be lifted unless extended by Congress.
Further, the
President, personally or in writing, has the duty to report to
Congress within 48 hours.
PARDONING
POWER
PARDONING
POWER/EXECUTIVE CLEMENCY
SAMPLE PROBLEM
In connection with the May 1987 Congressional
elections, Luis Millanes was prosecuted for and
convicted of an election offense and was sentenced
to suffer imprisonment for six years.
The court did not impose the additional penalty of
disqualification to hold public office and of
deprivation of the right of suffrage as provided for in
Section 164 of the Omnibus Election Code of the
Philippines
SAMPLE PROBLEM
The
National
Unification
Commission
recommended
the
grant
of
absolute
unconditional amnesty to all rebels.
has
and
Suggested Answer:
The view that it is not necessary for rebels to
admit the commission of the crime charged in order
to avail themselves of the benefits of amnesty is not
correct. As stated in Vera v. People, 7 SCRA 156, the
doctrine laid down in Barrioquinto vs. Fernandez, 82
Phil. 642 have been overturned.
Amnesty presupposes the commission of a crime. It
is inconsistent for someone to seek for forgiveness
for a crime which he denies having committed.
(People vs. Pasilan, 14 SCRA 694).
SAMPLE PROBLEM
A. What are the constitutional limitations on the
pardoning power of the President?
B. Distinguish between pardon and amnesty.
C. City Assistant Treasurer was convicted of Estafa
through falsification of public document. While serving
sentence, he was granted absolute pardon by the
President.
1.) Assuming that the position of Assistant City
Treasurer has remained vacant, would he be entitled to
a reinstatement without the need of a new
appointment? Explain.
2.) If later the same position becomes vacant, could he
reapply and be reappointed? Explain.
Suggested Answer:
A. The following are the limitations on the pardoning
power of the President.
1. It cannot be granted in cases of impeachment;
2. Reprieves, commutations, pardon, and remission
of fines and forfeitures can be granted only after
conviction by final judgment.
3. The favorable recommendation of the Commission
on Elections is required for violation of election
laws, rules and regulations.
SAMPLE PROBLEM
Lucas, a ranking member of the NDF, was captured by
policemen while about to board a passenger bus
bound for Sorsogon. Charged with rebellion he
pleaded not guilty when arraigned.
Before trial he was granted absolute pardon by the
President to allow him to participate in the peace
talks between the government and the communist
rebels.
1.
2.
3.
4.
Suggested Answer:
1.
SAMPLE PROBLEM
Bruno still had several years to serve on his
sentence when he was conditionally pardoned by
the President. Among the conditions imposed was
that he would not again violate any of the penal
laws of the Philippines. Bruno accepted all of the
conditions and was released.
Shortly thereafter, Bruno was charged with 20
counts of estafa. He was then incarcerated to serve
the unexpired portion of his sentence following the
revocation by the President of the pardon. Brunos
family filed a petition for habeas corpus, alleging
that it was error to have him recommitted as the
charges were false, in fact, half of them were already
dismissed. Resolve the petition with reasons.
Suggested Answer:
The petition should not be given due course. The
grant of pardon and the determination of the terms
and conditions of a conditional pardon are PURELY
EXECUTIVE ACTS which are not subject to judicial
scrutiny. The acceptance thereof by the convict or
prisoner carried with it the authority or power of the
Executive to determine whether a condition or
conditions of the pardon has or have been violated.
Where the President opts to revoke the conditional
pardon given, no judicial pronouncement of guilt of
a subsequent crime is necessary. The determination
of the occurrence of a breach of a condition of a
pardon, and the proper consequences of such
breach, is a purely executive act, not subject to
judicial scrutiny. (Torres v. Gonzales, G.R. No. 76872,
July 23, 1987)
Q8 (08)
ST, a Regional Trial Court judge who falsified his
Certificate of Service, was found liable by the Supreme
Court for serious misconduct and inefficiency, and
meted the penalty of suspension form office for 6
months. Subsequently, ST filed a petition for executive
clemency with the Office of the President. The
Executive Secretary, acting on said petition issued a
resolution granting ST executive clemency. Is the grant
of executive clemency valid? Why or why not? (6%)
Suggested Answer:
The grant of executive clemency is not valid.
Under the law, the Presidential prerogative in
granting executive clemency in administrative cases
covers only the executive branch of the government
but not the legislative nor the judiciary. To do so would
violate the principle of separation of powers.
DIPLOMATIC
POWERS
International Implications
Pimentel v. Romulo
No. The signature does not signify the final
consent of the state to the treaty.
It is the ratification that binds the state to the
provisions thereof.
Ratification is the act by which the provisions of a
treaty are formally confirmed and approved by a
State.
There is no legal obligation to ratify a treaty.
JUDICIAL
DEPARTMENT
JUDICIAL POWER/REVIEW
SAMPLE PROBLEM
Congress is considering new measures to
encourage foreign corporations to bring their
investments to the Philippines. Congress has found
that foreign investments are deterred by the
uncertain investment climate in the Philippines. One
source of such uncertainty is the heightened judicial
intervention in investment matters.
One such measure provides that no court or
administrative agency shall issue any restraining
order or injunction against the Central Bank in the
Banks exercise of its regulatory power over specific
foreign exchange transactions.
Would this be a valid measure? Explain.
Suggested Answer:
Yes, the measure is valid. In Mantruste Systems,
Inc. vs. Court of Appeals, 179 SCRA 136, the
Supreme Court held that a law prohibiting the
issuance of an injunction is valid, because under
Section 2, Article VIII of the Constitution, the
jurisdiction of the courts may be defined by law.
Alternative Answer:
Since under Sections 1 and 5(2), Article VIII of
the Constitution, the courts are given the power of
judicial review, the measure is void. Such power
must be preserved. The issuance of restraining
orders and injunctions is in aid of the power of
judicial review.
IMPORTANT QUESTIONS
A.
Enumerate the cases required by the
Constitution to be heard en banc by the Supreme
Court?
B. What does it mean when a Supreme Court
Justice concurs in a decision pro hac vice? (2%)
C. What is the composition of the Judicial and Bar
Council and the term of office of its regular
members?
D. What do you understand by the mandate of the
Constitution that the judiciary shall enjoy fiscal
autonomy? Cite the constitutional provisions
calculated to bring about the realization of the
said constitutional mandate.
Suggested Answer:
A.
The following are the cases required by the
Constitution to be heard en banc by the Supreme Court:
a) Cases which under the Rules of Court are required to
be heard en banc.
a. Cases involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations;
b. Cases heard by a division when the required majority
is not obtained;
TENURE
AND
DISCIPLINARY
POWERS
to
POWER
OF
JUDICIAL
REVIEW
of
ANSWER:
is in
4.