POLITICAL LAW REVIEW

Atty. Victoria V. Loanzon

Significant Aspects of
Political Law, Related
Latest Jurisprudence and
Notable Decisions of
Justice Bersamin
 Interpreting the Constitution
Department of Agrarian Reform vs.
Berenguer, 614 SCRA 499, G.R. No. 154094
March 9, 2010, Bersamin, J.
Preliminaries
Definition of a constitution: A constitution
provides for a framework of government;
identifies basic structures of government
and assign their respective powers and
duties; and establishes principles upon
which the government is founded and its
relationship to its constituents
 Interpreting the Constitution
• The 1987 Constitution has the following
parts:
Constitution of Liberty which provides for the
Bill of Rights.
Constitution of Government which provides
for the government organization and the
functions of the government
bureaucracy.
Constitution of Sovereignty which provides
for the methods of amendment and
revision of the Constitution.
• Verba legis: whenever possible, the words in
the Constitution must be given their ordinary
meaning except when technical terms are
employed.
• Ratio legis et anima: the words in the
Constitution should be interpreted
in accordance with the intent of the
framers.
• Ut magis valeat quam pereat: the
Constitution must be interpreted as a
whole. (Francisco v. House of
Representatives (2003))
COVERAGE OF AGRARIAN REFORM
PROGRAM:
The Constitutional Commission never
intended to include lands used for
raising livestock and poultry, and
commercial, industrial and residential
lands within the coverage of
the Agrarian Reform Program
of the Government is already
settled.
• In Luz Farms v. Secretary of the
Department of Agrarian Reform (192
SCRA 51), the Court pointed this out:
The transcripts of the deliberations of
the Constitutional Commission of 1986
on the meaning of the word
“agricultural” clearly show that
it was never the intention of the
framers of the Constitution to
include livestock and poultry
industry in the coverage of the
constitutionally-mandated agrarian
reform program of the Government.
Thus, a lot inside the poblacion
should be presumed residential, or
commercial, or non-agricultural
unless there is a clearly
preponderant evidence to
show that it is agricultural.
 Separation of Powers
Araullo vs. Aquino III, 728 SCRA 1,
G.R. No. 209569 July 1, 2014,
Bersamin, J.
Three branches of government:
1. Legislative Department
2. Executive Department
3. Judicial Department
 Separation of Powers
The Constitution has reserved specific
powers and prerogatives to
each department. There should
be neither abrogation nor
encroachment of these powers.
Any violation of these textually
provided powers may be
subject to judicial scrutiny.
 Judicial Supremacy
When the Court is called upon to
resolve two conflicting claims of the
two other branches of government,
the Court is just called upon to
apply the relevant law or
interpret the applicable law
to the case.
 Judicial Legislation
General Rule: Only Congress can
enact laws.
Exception to the Rule: Congress can
delegate law-making powers (ex.
local government units) and
rule-making powers (ex. IRR
formulated by administrative
agencies).
 Judicial Legislation
The courts cannot enact laws since
this would violate the principle of
separation of powers.
The Civil Code, however, provides
that all judicial decisions
become part of the law of
the land.
 Araullo v. Aquino
Remedies to Challenge the
Constitutionality of DAP:
Certiorari, Prohibition, and
Mandamus are proper
remedies to assail the
constitutionality of DAP.
 Araullo v. Aquino
Remedies to Challenge the
Constitutionality of DAP:
Since certiorari and prohibition are
large in scope and the issues
involved the limitations of
the Executive’s spending
power, the said remedies
are proper.
 Araullo v. Aquino
Mootness not an excuse for the Court not
to take cognizance of the case: The case
is not moot and academic even if the
President has terminated the DAP. The
fact that huge public funds have been
allocated, disbursed, or utilized by
reason or on account of the
challenged executive acts gave
rise to an actual controversy that
is ripe for adjudication.
Araullo v. Aquino
Exceptions to the rule on moot
and academic cases:
(1). There is a grave violation
of the Constitution;
(2). The case involved a
situation of exceptional
character and was of
paramount public interest;
 Araullo v. Aquino
(3). When the constitutional
issue raised required the
formulation of controlling
principles to guide the
Bench, the Bar, and the
public; and
(4). When the case was
capable of repetition yet
evading review.
 Araullo v. Aquino
Legal Standing to Sue as a Taxpayer
and as a Citizen:
Considering that the issue involves
the expenditure of public funds
(as taxpayers) and the present
case is of transcendental
importance (as citizens), the
petitioners do have a legal
standing to raise the issues
before the Court.
 Araullo v. Aquino
Concept of public expenditure:
Article VI, Sec. 29 of the
Constitution, which provides, “[n]o
money shall be paid out of the
Treasury except in pursuance
of an appropriation made
by law.”
DAP is not an appropriation.
It is a program.
 Araullo v. Aquino
Definition of Savings under the GAA:
Savings would include any programmed
appropriation in the GAA free from any
obligation or encumbrance, which are:
1. Still available after the completion
or final discontinuance or
abandonment of the work,
activity or purpose for which
the appropriation is authorized;
 Araullo v. Aquino
2. From appropriations
balances arising from unpaid
compensation and related
costs pertaining to vacant
positions and leaves
of absences without pay;
 Araullo v. Aquino
3. From appropriations balances
realized from the implementation of
measures resulting in improved
systems and efficiencies
and thus enabled agencies
to meet and deliver the
required or planned targets,
programs, and services
approved in the GAAs at a lesser
cost.
 Araullo v. Aquino
Savings in a capsule:
(1). Amount of money saved out
programmed infrastructure projects
since they were finished on time or at
an earlier period
of time;
(2). Amount of money saved from
personnel expenses; and
(3). Amount of money saved by
streamlining the process.
 Araullo v. Aquino

Philippine Budget Cycle (PLEA)-

1. Budget Preparation
2. Budget Legislation
3. Budget Enforcement
4. Accountability
 Araullo v. Aquino
Definition of Augmentation:
The term “augment” means to
enlarge or increase the
allotment for an item in the
GAA wherein the current
appropriation for the said
item is deficient.
 Araullo v. Aquino
Public Officers authorized to
augment from savings:
1. President
2. Senate President
3. Speaker of the House
4. Chief Justice of the
Supreme Court; and
5. Heads of the CSC, COMELEC,
and COA. (Sec. 25(5), Art. VI)
 Araullo v. Aquino
The Constitution also limits the
augmentation within the office of the
President; hence, savings of the
Executive branch must be augmented
only to an item under the executive. In
DAP, the President the budgets of
of the different departments
which have independent charters
by virtue of separate
congressional acts.
 Operative Fact Doctrine
The doctrine of operative fact
applies in the utilization of
savings despite the
constitutional violation
committed by the
executive branch.
 Operative Fact Doctrine
A legislative or executive act
is presumed to be
constitutional such that
when it is declared void for
being unconstitutional
does not give rise to any
right or obligation.
All acts subsequent to the
declaration are deemed
void.
 Operative Fact Doctrine
The Court recognized that the
result of the DAP and its
related issuances could not
be ignored and be undone.
The Court also declared that
the doctrine of operative fact
is not confined to statutes
and rules and regulations. It
can cover issuances from the
Office of the President.
 Operative Fact Doctrine
The doctrine can be invoked
only in situations where the
nullification of the effects of
what used to be a valid law
would result in inequity and
injustice.
Thus, it would be waste of
public funds to undo all
projects under the DAP.
Separation of Powers
Ampatuan, Jr. vs. De Lima, 695
SCRA 159, G.R. No. 197291 April
3, 2013, Bersamin, J.
Concept: The doctrine of
separation of powers is
rooted in the concept of a
democratic and republican
state. (Sec. 1, Art. I)
Judicial Intervention in
Preliminary Investigation

General Rule: Consistent with the

principle of separation of
powers enshrined in the
Constitution, the Court
deems it a sound judicial
policy not to interfere in the
conduct of preliminary
investigations, and to allow the
Executive Department, through
the Department of Justice,
exclusively to determine
what constitutes sufficient
evidence to establish probable
cause for the prosecution of
supposed offenders.
Nature of Preliminary Investigation
Exception to the Rule: By way of
exception, however, judicial
review may be allowed where it is
clearly established that the public
prosecutor committed grave
abuse of discretion, that is,
when he has exercised his
discretion “in an arbitrary,
Nature of Preliminary Investigation
capricious, whimsical or despotic
manner by reason of passion or
personal hostility, patent and
gross enough as to amount to
an evasion of a positive
duty or virtual refusal to
perform a duty enjoined by
law.”
 Separation of Powers: Diplomatic
Powers of the President
• Vinuya vs. Romulo, 732
SCRA 595, G.R. No. 162230
August 12, 2014, Bersamin, J.
The Constitution has entrusted
to the Executive Department
the conduct of foreign
relations for the Philippines.
Whether or not to espouse
 Separation of Powers: Diplomatic
Powers of the President
petitioners’ claim against the
Government of Japan is left to
the exclusive determination and
judgment of the Executive
Department.
The Court cannot interfere with
or question the wisdom of the
conduct of foreign relations
by the Executive Department.
 Due Process
Vivo vs. PAGCOR, 709 SCRA 276,
G.R. No. 187854 November 12,
2013, Bersamin, J.
The observance of fairness in the
conduct of any investigation
is at the very heart of
procedural due process. The
essence of due process is to be
heard, and, as applied to
administrative proceedings
 Due Process
this means a fair and reasonable
opportunity to explain one’s side,
or an opportunity to seek a
reconsideration of the action or
ruling complained of.
Elements of Due Process:
1. Right to notice
2. Right to be heard
 Due Process
Administrative due process
cannot be fully equated
with due process in its strict
judicial sense, for in
administrative proceedings,
a formal or trial-type
hearing is not always
necessary, and technical
rules of procedure are not
strictly applied.
 Due Process
Ledesma v. Court of Appeals, 541
SCRA 444 (2007), elaborates on
the well-established meaning of
due process in administrative
proceedings in this wise: x x x
Due process, as a
constitutional precept, does
not always and in all situations
require a trial-type proceeding.
 Requisites of Due Process
Due process is satisfied when a person
is notified of the charge against him
and given an opportunity to explain
or defend himself. In administrative
proceedings, the filing of charges and
giving reasonable opportunity
for the person so charged to
answer the accusations against
him constitute the minimum
requirements of due process.
Due Process: Judicial Remedies
Barayuga vs. Adventist University of
the Philippines, 655 SCRA 640,
G.R. No. 168008 August 17, 2011,
Bersamin, J.
A valid writ of preliminary
injunction rests on the
weight of evidence
submitted by the plaintiff
establishing:
Requisites for Preliminary Injunction
(a)a present and
unmistakable right to be
protected;
(b) the acts against which the
injunction is directed
violate such right; and
(c) a special and paramount
necessity for the writ to
prevent serious damages.
 Due Process
In the absence of a clear legal right, the
issuance of the injunctive writ constitutes
grave abuse of discretion and will result
to nullification thereof. Where the
complainant’s right is doubtful or
disputed, injunction is not proper.
The possibility of irreparable
damage sans proof of an actual
existing right is not a ground for a
preliminary injunction.
 Due Process in Dismissal of
President of Adventist University
Here, the petitioner was accorded
the full opportunity to be heard, as
borne by the fact that he was
granted the opportunity to refute
the adverse audit findings
audit report and that the Board of
Trustees first heard his side
during the board meetings
before his removal.
 Due Process in Dismissal of
President of Adventist University
The requirements of due process in
an administrative context are
satisfied when the parties are
afforded fair and reasonable
opportunity to explain their
respective sides of the
controversy, for the essence
of due process is an opportunity
to be heard.
Due Process in Administrative
Proceedings
Cudia v. PMA SUPERINTENDENT
(G.R. No. 211362, February 24,
2015), Peralta, J.
Nature of Writ of Mandamus:
For mandamus to lie, the act
sought to be enjoined must
be a ministerial act or duty.
Ministerial Act
An act is ministerial if the act should
be performed "[under] a given
state of facts, in a prescribed
manner, in obedience to the
mandate of a legal authority,
without regard to or the exercise
of [the tribunal or corporation's]
own judgment upon the propriety
or impropriety of the act done."
 Due Process in Administrative
Proceedings
The tribunal, corporation, board,
officer, or person must have no
choice but to perform the act
specifically enjoined by law.
This is opposed to a
discretionary act whereby
the officer has the choice to
decide how or when to
perform the duty.
Due Process in Administrative
Proceedings
A cadet facing dismissal from the
military academy for
misconduct has constitutionally
protected private interests (life,
liberty, or property); hence,
disciplinary proceedings
conducted within the
bounds of procedural due
process is a must.
Due Process in Administrative
Proceedings
For that reason, the PMA is not
immune from the strictures of due
process. Where a person's good
name, reputation, honor, or
integrity is at stake because
of what the government is
doing to him, the minimal
requirements of the due
process clause must be satisfied.
Due Process in Administrative
Proceedings: Right to Counsel
There is nothing in the 1987
Constitution stating that a
party in a non-litigation
proceeding is entitled to
be represented by
counsel. The assistance of
a lawyer, while desirable,
is not indispensable.
Due Process in Administrative
Proceedings: Right to Counsel
A party in an administrative
inquiry may or may not be
assisted by counsel, irrespective
of the nature of the charges and
of the respondent's capacity
to represent himself, and no
duty rests on such body to
furnish the person being
investigated with counsel.
Expanded Power of Judicial Review
Section 1 Article VIII of the 1987
Constitution expanded the scope
of judicial power by mandating
that the duty of the courts of
justice includes not only
“to settle actual controversies
involving rights which are
legally demandable and
enforceable” but also “to
 Right to Judicial Review
determine whether or not there has been
a grave abuse of discretion amounting
to lack or excess of jurisdiction on the
part of any branch or instrumentality of
the Government.”
The proceedings of the Cadet
Honor Committee can, for purposes
of the Due Process Clause,
be considered a governmental
activity.
Due Process in Judicial
Proceedings
PHILIPPINE OVERSEAS
TELECOMMUNICATIONS CORPORATION
(POTC) and Philcomsat, v.
SANDIGANBAYAN and REPUBLIC
(PCGG), G.R. No. 174462, February 10,
2016
Jurisdiction of Sandiganbayan:
General Rule: It will not have
jurisdiction over private entities
unless they conspire with public officers.
Due Process in Judicial
Proceedings
Prescription of Crimes within the
Jurisdiction of the Sandiganbayan
Consider provisions under the
articles of the Revised Penal
Code, Special Penal Laws, R.A.
No. 3019 and Code of
Conduct of Public Officers.
State Immunity
University of the Philippines vs. Hon.
Dizon, 679 SCRA 54, G.R. No. 171182
August 23, 2012, Bersamin, J.
Rule of Garnishment of Funds
Distinction between SUABILITY and
LIABILITY of the government.
Distinction between governmental
and proprietary functions.
Role of COA in execution of
Judgment.
 State Immunity
University of the Philippines vs. Hon.
Dizon, 679 SCRA 54, G.R. No. 171182
August 23, 2012, Bersamin, J.
Rule of Garnishment of Public Funds
General Rule: Public funds are beyond the
ambit of orders of garnishment
and execution for this is against
public policy. Congress has
appropriated funds for specific
purpose and exercise can impair
delivery of public service.
 State Immunity
University of the Philippines vs. Hon. Dizon,
679 SCRA 54, G.R. No. 171182 August 23,
2012, Bersamin, J.
Distinction between SUABILITY and
LIABILITY of the government –
General Rule: The government
cannot be sued without its
consent.
If it gives its consent, any judgment
on money liability cannot be a
subject of garnishment.
 State Immunity
University of the Philippines vs. Hon. Dizon,
679 SCRA 54, G.R. No. 171182 August 23,
2012, Bersamin, J.
Distinction between governmental and
proprietary functions of government –
As an instrumentality of government,
an entity performs sovereign
functions (jus imperii/jure imperii).
If government enters into a
commercial contract, it reduces itself
into an ordinary person and be sued.
State Immunity
University of the Philippines vs. Hon.
Dizon, 679 SCRA 54, G.R. No. 171182
August 23, 2012, Bersamin, J.
Role of COA in execution of
Judgment – A party’s recourse if
Government is adjudged liable
for a monetary obligation is to
file its claim with COA.
 Qualified Political Agency/
Alter ego doctrine
Manalang-Demigillo vs. Trade and
Investment Development Corporation of
the Philippines (TIDCORP), 692 SCRA 359,
G.R. No. 168613 March 5, 2013, Bersamin, J.
Qualified Political Agency requires
personal and discretionary
Judgment and cannot be invoked
by a collegial body.
Acts of representatives are not binding
if law prescribes specific designations.
Social Justice: Full Protection of Labor
Escario vs. National Labor Relations
Commission (Third Division), 631 SCRA
261, G.R. No. 160302 September 27, 2010,
Bersamin, J.
The principle of “no work, no pay”
will apply to employees who joined an
Illegal strike despite reinstatement.
The Constitution will not award
acts of dishonesty of an
employee. An employee dismissed
for cause is not entitled to benefits.
 Social Justice: Magna Carta of
Benefits for Government Employees
Brenda Nazareth, Regional Director,
Department of Science and Technology
Regional OfficeNo. IX vs. Hon. Reynaldo
Villar, Hon. Juanito Espino Jr. (CHR
Commissioners) and Dir. Khem
Inok, G .R. No. 188635,
January 29, 2013, Bersamin, J.
 Social Justice: Magna Charta of
Benefits for Government Employees
Payment of benefits under the Magna
Charta Law must be included in the
annual appropriations.
The grant of special benefits to
scientists and other similar
employees in public service is a
recognition of their expertise.
Social Justice: Purpose of
Agrarian Reform Law
Land Bank of the Philippines vs. Veronica
Nable, G.R. No. 176692, June 27, 2012
Section 4, Article XIII, of the Constitution
has mandated the implementation of
an agrarian reform program for the
distribution of agricultural lands to
landless farmers subject to the
payment of just compensation to the
landowners.
 Social Justice: Purpose of
Agrarian Reform Law
Land Bank of the Philippines vs. Veronica
Nable, G.R. No. 176692, June 27, 2012
While Section 17 of the CARP law provides
for formula in the determination of
just compensation, any dispute
concerning the matter rests on the
court for final determination.
The determination of just
Compensation is a judicial function.
Social Justice: Purpose of
Agrarian Reform Law
LAND BANK v. EDGARDO L. SANTOS, G.R.
No. 213863, January 27, 2016,
EDGARDO L. SANTOS v.LAND
BANK, G.R. No. 214021
Agrarian Reform Law aims to
redistribute wealth.
Factors to Consider: Land is devoted
to agriculture; and presence of
Irrigation system.
National Economy and
Patrimony – Ownership of Land
Balais-Mabanag vs. Register of Deeds
of Quezon City, 617 SCRA 1, G.R. No.
153142, March 29, 2010, Bersamin, J.
Foreigners can own land through
the right of succession.
Former Filipinos can also own
Lands within limits provided by
the Constitution and other relevant
laws.
 National Economy and Patrimony
– Transfer of Ownership of Land
REBECCA FULLIDO v. GINO GRILLI, G.R.
No. 215014, February 29, 2016
The Constitution allows transfer of lands
to foreigners under the right of
succession.
The law cannot be circumvented.
A foreigner cannot be allowed the
reconveyance of property
registered under the name of a
live-in partner.
 Power of Eminent Domain
Apo Fruits Corporation vs. Court of
Appeals, 607 SCRA 200, G.R. No.
164195 December 4, 2009,
Bersamin, J.
Right to Interest: Where there is
delay in the prompt payment of
just compensation, the Court
may impose interest rate of
6% per annum.
 Power of Eminent Domain
Spouses Yusay vs. Court of Appeals,
647 SCRA 269, G.R. No. 156684 April
6, 2011, Bersamin, J.
An ordinance and not a resolution is
required for a local government to
exercise the right of eminent
domain.
A resolution may only indicate an
intention to expropriate but not a
right to exercise power of eminent
domain.
 Power of Eminent Domain
AIR TRANSPORTATION OFFICE v. SPOUSES
DAVID AND ELISEA RAMOS,
G.R. No. 159402, February 23, 2011,
Bersamin, J.
Private property owners may
institute a civil action for breach
of contract of the government. The
parties are entitled to just
compensation for prolonged use of
ATO of their property.
 Power of Eminent Domain
NAPOCOR v. Heirs of Sangkay, G.R.
No. 165828; August 24, 2011,
Bersamin, J.
Concept of Inverse condemnation –
Right of Property Owner to file
an action to recover just
compensation for use of his
Property without his consent.
 Power of Eminent Domain
NAPOCOR v. ELIZABETH MANALASTAS
and BEA CASTILLO, G.R. No. 196140,
January 27, 2016,
Computation of just compensation
Includes the value of the yield
of the land; disturbance
compensation
Easement Rights can be subject
of just compensation.
Power of Eminent Domain
Export Processing Zone Authority
(now Philippine Export Zone
Authority) vs. Pulido, 656 SCRA 315,
G.R. No. 188995 August 24, 2011,
Bersamin, J.
Expropriation proceedings
admit of compromise agreement.
Any delay on the part of the
government may subject it to
penalty of 6% per annum.
 Power of Eminent Domain
Land Bank of the Philippines vs. Heirs of
Suntay, 662 SCRA 614, G.R. No. 188376
December 14, 2011, Bersamin, J.
Land Bank is only a trustee of the
Government holding the
Agrarian Reform Fund to pay just
compensation. ARF is part of annual
appropriation under CARP.
Other assets of the Land Bank
cannot be garnished.
 Power of Eminent Domain
LIMKAICHONG v. LANDBANK OF THE
PHILIPPINES, G.R. No. 158464; August 2,
2016, Bersamin, J.
Agricultural land can be subject
of expropriation proceedings.
Just compensation is for the trial
court to determine but the Court
may take into account findings of
DAR under Section 17 of the CARP.
Power of Eminent Domain
Republic vs. Heirs of Saturnino
Q. Borbon, 745 SCRA 40, G.R.
No. 165354 January 12, 2015
Factors to determined by the
Court in expropriation cases:
1. Authority to expropriate
2. Determination of public
purpose
3. Determination of just
compensation
Power of Eminent Domain
Hermano Oil Manufacturing & Sugar
Corporation vs. Toll Regulatory
Board, 742 SCRA 395, G.R. No.
167290 November 26, 2014,
Bersamin, J.
Exercise of police power v. power
of eminent domain
Purpose of limited toll way:
Restriction of the use is a valid
exercise of police power.
Power to Tax
Nursery Care Corporation vs. Acevedo,
731 SCRA 280, G.R. No. 180651 July 30,
2014, Bersamin, J.
Nature of Power to Tax rests on the
life blood theory. It is not a
Contract, it is an imposition.
Elements of double taxation
The Executive Branch: Diplomatic
Powers of the President
Saguisag vs. Ochoa, Jr., 779 SCRA 241,
G.R. No. 212426, G.R. No. 212444
January 12, 2016
Treaty v. Executive Agreement
Concept of Transformation and
Doctrine of Incorporation
Concept of autolimation under
a treaty
Read Sec. 25, Art. XVIII
 The Judicial Branch: Moot and
Academic Cases
REPUBLIC v. MOLDEX REALTY, INC.,
G.R. No. 171041, February 10, 2016
Role of OSG in land registration
cases – OSG represents the state
Effect of withdrawal of a land case
filed by a private party – the case
May be refiled at a later time.
The Judicial Branch: Power of
Judicial Review
REPUBLIC REPRESENTED BY THE LAND
REGISTRATION AUTHORITY v.
RAYMUNDO VIAJE, ET AL., G.R.
No.180993, January 27, 2016,
Illegal acts or negligence of a
public officer will not bind the
Government.
The Judicial Branch: Power of
Judicial Review
SECRETARY DE LIMA et al. vs. MARIO
JOEL T. REYES, , G.R. No. 209330
January 11, 2016
The determination of probable
cause is purely an administrative
function of the DOJ. DOJ has no
judicial function.
Independence of
Commission on Civil Service
Funa vs. Duque III, 742 SCRA
166, G.R. No. 191672
November 25, 2014
The Chairman of the CSC
cannot be designated as
a member of the Board of
the GSIS. This will cast
doubt on the
independence of the CSC.
Independence of
Commission on Audit
ALMA G. PARAISO-ABAN v. COA, G.R.
No. 217948, January 12, 2016
Ms. Aban cannot deny liability
because she signed the vouchers for
the purchase of the property
twice. There was evident overpricing.
The release of public funds
for the purchase of the property
was detrimental to government.
Independence of
Commission on Audit
ZAMBOANGA CITY WATER DISTRICT
v. COA, G.R. No. 213472, January 26,
2016
The exorbitant payment of allowances
to the officers of the water district
cannot be condoned.
Disallowance by COA is affirmed
 Independence of
Commission on Audit
METROPOLITAN NAGA WATER DISTRICT v.
COA, G.R. No. 218072, March 08, 2016
Grant of allowances is subject to post
audit review by COA
Grant of additional benefits requires
compliance with the Salary
Standardization Law;
Agency Standards; and
DBM Rules and Regulations
 Audit of Philippine National
Red Cross (“PNRC”) Funds
MARY LOU GETURBOS TORRES v. CORAZON
ALMA G. DE LEON, in her capacity as
Secretary General of the PNRC and THE
PNRC BOARD, , G.R. No. 199440, January
18, 2016
PNRC funds are subject to audit
by COA since the PNRC receives
subsidy from government and
was given a special congressional
grant to operate in the Philippines.
 Independence of
Commission on Audit
Technical Education and Skills
Development Authority (TESDA) vs.
Commission on Audit, 750 SCRA 247, G.R.
No. 196418 February 10, 2015, Bersamin,
J.
Grant of allowances are subject
to limitations prescribed by law.
Return of disallowed monetary
benefits: The element of good faith
is presumed.
 Independence of
Commission on Elections
Guzman vs. Commission on Elections,
597 SCRA 499, G.R. No. 182380 August
28, 2009, Bersamin, J.
Primary task of COMELEC
integrity of the election process;
and sanctity of the ballots
Accreditation of political parties
Review of COC
Registration of voters
 Independence of
Commission on Elections
BAGUMBAYAN-VNP MOVEMENT, INC.,
AND RICHARD J. GORDON v.
COMMISSION ON ELECTIONS,
• G.R. No. 222731, March 08, 2016
Proof of Exercise of Right of
Suffrage: Receipt from the electronic
machine under Automated Election
System.
Powers of COMELEC subject to Writ of
Mandamus.
 Bill of Rights: Right to Privacy
Raul Sesbreno vs. Court of Appeals
G.R. No. 160689, March 26, 2014,
Bersamin, J.
Right to Privacy can only be
invoked against the government.
Similar Ruling: People v. Marti
Exception: Zulueta v. C.A.
Impeachment case vs. Ch. Andy
Bautista
 Bill of Rights: Right against
Unreasonable Search and Seizures
DISSENTING OPINION, Bersamin, J.
Esquillo v. People
Purposes of Teddy Search
What consist of overt acts
Two constitutional guarantees create
zones of privacy: (a) the right against
unreasonable searches and seizures,
which is the basis of the right to be let
alone, and (b) the right to privacy of
communication and correspondence.
 Bill of Rights: Right against
Unreasonable Search and Seizures
SEPARATE AND CONCURRING OPINION,
Bersamin, J.
Pollo v. CSC Chairman Constantino David
Diminished Right to Privacy of
Workers
Right to privacy to personal files:
The search should have not included
materials/documents prepared
outside office hours.
 Bill of Rights: Right against
Unreasonable Search and Seizures
ERWIN LIBO-ON DELA CRUZ v. PEOPLE
G.R. No. 209387, January 11, 2016
Searches at sea ports(harbors) are
valid for security reasons.
Passenger is deemed to give
his consent as soon as he purchases
his ticket since common carriers are
expected to exercise extraordinary
diligence.
 Bill of Rights: Right to Information
SERENO v. COMMITTEE ON TRADE AND
RELATED MATTERS (CTRM) OF NEDA, G.R.
No. 175210, February 1, 2016
Matters of confidential nature
cannot be a subject of a Writ
of Mandamus
 Bill of Rights: The Right to Bail
Enrile vs. Sandiganbayan (Third
Division), 767 SCRA 282, G.R. No.
213847 August 18, 2015, Bersamin, J.
General Rule: Right to Bail is available
to all accused.
Conditions when it can denied:
1. Crime is punishable by death or
higher; and
2. Evidence of guilt is strong.
Exception to the exception: Personal
circumstances of the accused.
 Bill of Rights: The Right to Bail
Gacal vs. Infante, 658 SCRA 535,
A.M. No. RTJ- 04-1845 October 5,
2011, Bersamin, J.
Hearing is mandatory in bail cases
to allow the prosecutors to state
their objections.
Purpose of Bail is ensure presence of
the accused when the course
requires his presence.
 Bill of Rights: Proof Beyond
Reasonable Doubt
People of the Philippines vs. Gilbert Reyes
Wagas, G. R. No. 157943, September 4,
2013, Bersamin, J.
Primary duty of the prosecutor is to identify
the perpetrator of the crime and
then to prove the commission of
a crime.
Telephone conversation is an
acceptable evidence.
Bill of Rights: Proof Beyond
Reasonable Doubt
PEOPLE v. PEPINO and GOMEZ, G.R. No.
174471, January 12, 2016,
Nature of Kidnapping for Ransom
Positive identification where
conspiracy is alleged
Bill of Rights: Right to Counsel

IBAÑEZ et al. v. PEOPLE, G.R. No.190798

January 27, 2016
Miranda Rights of an accused
Appreciation of statements under
Voluntary surrender v. Custodial
Investiigation
 Bill of Rights: Trial in Absentia
SENIT v. PEOPLE, G.R. No. 192914, January
11, 2016
Right to Bail
When Presence of Accused is
Required – Arraignment and Promulgation
When presence may be
dispensed with – Despite notice yet
accused does not appear in court.
 Bill of Rights: Right to Speedy
Disposition of Cases
People of the Philippines vs.
Sandiganbayan, G.R. No. 188165,
December 11, 2013
Right to speedy disposition of cases
What is inordinate delay:
1. Length of time to file information
2. Delays in conduct of trial
Coverage of the constitutional
protection: judicial, quasi-judicial and
administrative proceedings.
 Bill of Rights: Access to the
Courts (Docket Fees)
RE: QUERY OF MR. ROGER C. PRIORESCHI
RE EXEMPTION FROM LEGAL AND FILING
FEES OF THE GOOD SHEPHERD
FOUNDATION, INC., A. M. No. 09-6-9-SC,
August 19, 2009, Bersamin, J.
Nature of docket fees
Exemption from docket fees
Local Governments: Nature of
Zoning Ordinance
Holy Trinity Realty & Development
Corporation vs. Dela Cruz, 739 SCRA
229, G.R. No. 200454 October 22,
2014, Bersamin, J.
Local Autonomy
Police Power
Nature of Zoning Ordinance
Power to reclassify land
 Local Governments:
Decentralization of Powers
Valentino Legaspi vs. City of Cebu, T.C.
Sayson, G.R. No. 159110, December
10, 2013, Bersamin, J.
Regulation of use of public areas
Elements of Exercise of Police Power
1. Lawful Purpose
2. Lawful Means
Elements of a valid ordinance
 Local Governments:Requisites
of an Ordinance
Legaspi vs. City of Cebu, 711 SCRA 771,
G.R. No. 159692 December 10, 2013,
Bersamin, J. : Ordinance must
1. not contravene the Constitution and
other laws;
2. not be unfair or discriminatory
3. not prohibit trade but may regulate it
4. not contrary to public policy
5. be for general application
6. must not be unreasonable
Local Governments: Creation
of LGUs
League of Cities of the Philippines (LCP)
vs. Commission on Elections, 643
SCRA 150, G.R. No. 176951 February
15, 2011, Bersamin, J.
Factors:
1. Population: Philippine Statistics
Authority
2. Income: Dept. of Finance
3. Land Area: DENR
Local Governments: Taxing
Powers of LGUs
ALTA VISTA GOLF AND COUNTRY CLUB,
Inc. v. CITY OF CEBU et al. , G.R. No.
180235, January 20, 2016
Rule governing taxpayer’s claim from
exemption
Nature of entertainment/amusement
establishment
Local Governments: Nature of
the Powers of the MMDA
Metropolitan Manila Development
Authority vs. Trackworks Rail Transit
Advertising, 608 SCRA 325, G.R. No.
179554, December 16, 2009,
Bersamin, J.
MMDA has no police power
Local Governments: Prohibited
Transactions during Election Ban
GUZMAN v. COMELEC, G.R. No. 182380,
August 28, 2009, Bersamin, J.
Purpose of the prohibition
Coverage: Bidding of infrastructure
Projects, supplies and equipment,
Appointment of personnel;
Reassignment and transfer of personnel
AEL: What is a Government
Owned and Controlled
Corporation
Carandang vs. Desierto, 639 SCRA 293,
G.R. No. 148076 January 12, 2011,
Bersamin, J.
GOCC: created by Congress;
Limited functions (expertise);
Funding from government; funds
subject to audit
AEL: Administrative Due
Process
MAGCAMIT v. INTERNAL AFFAIRS SERVICE,
PHILIPPINE DRUG ENFORCEMENT
AGENCY, , G.R. No. 198140 January 25,
2016
Right of appeal in administrative
cases
Validity of order of dismissal
Effect of wrongful dismissal
AEL: Administrative Due
Process
AGUSTIN-SE AND JAMSANI-RODRIGUEZ,
v. OFFICE OF THE PRESIDENT, G.R. No.
207355, February 03, 2016
Right of lawyers of the Ombudsman
to appeal their dismissal
Right to be heard
Confirmation of grounds to dismiss
AEL: Exhaustion of
Administrative Remedies
SPOUSES GONZALES, Petitioners, vs.
MARMAINE REALTY CORPORATION,
G.R. No. 21424, January 13, 2016
Nature of right of purchaser of
subdivision lots
HLURB’s powers
Doctrine of primary jurisdcition
AEL: Exhaustion of
Administrative Remedies
BASIANA MINING EXPLORATION
CORPORATION, BASIANA MINERALS
DEVELOPMENT CORPORATION v.
DENR Secretary and SR METALS INC.
G.R. No. 191705, March 07, 2016
Power of DENR to resolve conflicts
between claimants of Mining
Permits
AEL: Nature of Administrative
Proceedings
Re: Verified Complaint of Engr. Oscar L.
Ongjoco, Chairman of the Board/CEO
of FH-Gymn Multi-Purpose and
Transport Service Cooperative,
Against Hon. Juan Q. Enriquez, Jr.,
Hon. Ramon M. Bato, Jr. and Hon.
Florito S. Macalino, Associate Justice,
Court of Appeals, 664 SCRA 465, A.M.
OCA I.P.I. No. 11-184-CA-J January
31, 2012, Bersamin, J.
 AEL: Nature of Administrative
Proceedings
Right to Due Process
Ang Tibay Doctrine/ Principles to be
observed
1. Right to notice
2. Right to be heard
3. Hearing by a competent tribunal
4. Right to refute allegations
5. Decision must be in writing and
on law, facts and presented.
Law on Public Officers: Nature
of Designation vs. Appointment
Ejera vs. Merto, 714 SCRA 397, G.R. No.
163109 January 22, 2014, Bersamin, J.

Designation is temporary in nature

Appointment presumes a
plantilla position
Law on Public Officers:
Permanent vs.
TemporraryAppointment
Maniebo vs. Court of Appeals, 627 SCRA
569, G.R. No. 158708, August 10, 2010,
Bersamin, J.
Temporary appointment is issued
to allow appointee to meet the
qualifications for the position
Law on Public Officers:
Crime of Plunder
Macapagal-Arroyo v. People of the
Philippines, G.R. No. 220598, July 19,
2016, Bersamin, J.
Elements of the crime of plunder
Purpose for the enactment of the
law
Effects of Acquittal
Law on Public Officers:
Crime of Plunder
• JESSICA LUCILA G. REYES v.
OMBUDSMAN, G.R. Nos. 212593-94
Right to Bail
Nature of the crime of plunder
Rule on facial challenge
Evidence against the accused
Law on Public Officers:
What is Misconduct
Ganzon vs. Arlos, 708 SCRA 115, G.R. No.
174321 October 22, 2013
Definition of misconduct
Misconduct as a ground for
disciplinary action against a
public officer
Law on Public Officers:
What is Misconduct
WINSTON F. GARCIA, IN HIS CAPACITY
AS PRESIDENT AND GENERAL
MANAGER OF GSIS v. MARIO I.
MOLINA, G.R. No. 165223, January 11,
2016
Effect for failure to prove
misconduct
Law on Public Officers:
What is Grave Misconduct
Office of the Ombudsman vs. Samson
de Leon, G.R. No. 154083, February 27,
2013, Bersamin, J.
Grave misconduct as a ground
for dismissal of a public officer
Concept of merit and fitness
Right to security of tenure
Law on Public Officers:
What is Grave Misconduct
Alleged Loss of Various Boxes of Copy
Paper During their Transfer from the
Property Division, Office of
Administrative Services (OAS), to the
Various Rooms of the Philippine
Judicial Academy,
A.M. No. 2008-23-SC,
September 30, 2014, Bersamin, J.
Law on Public Officers:
What is Grave Misconduct
Discipline of court employees
Honesty is required of public
servants
Role of supervisors to ensure
compliance of subordinates
 Law on Public Officers:
Supervision over Subordinate
Funa vs. Agra, 691 SCRA 196, G.R.
No. 191644 February 19, 2013,
Bersamin, J.
Prohibition against holding of two
concurrent government positions
Conflict of interest
Law on Public Officers: Powers and
Duties (Demolition of Nuisance per se)
CRUZ and DELA CRUZ v. PANDACAN
HIKER'S CLUB, INC., G.R. No. 188213,
January 11, 2016
Power to demolish nuisance per se
Nature of nuisance per se
Law on Public Officers: Powers and
Duties (Demolition of Nuisance per se)
A nuisance is classified in two ways:
(1) according to the object it
affects; or
(2) according to its susceptibility to
summary abatement.
As for a nuisance classified
according to the object or
objects that it affects, it may be
classified as:
Law on Public Officers: Powers and
Duties (Demolition of Nuisance per se)
(a)a public nuisance, i.e., one which
"affects a community or neighborhood
or any considerable number of
persons, although the extent of the
annoyance, danger or damage
upon individuals may be unequal"; or
(b) a private nuisance, or one
"that is not included in the foregoing
definition"
Law on Public Officers:
Liabilities of Public Officers
WINSTON F. GARCIA, IN HIS CAPACITY
AS PRESIDENT AND GENERAL
MANAGER OF GSIS v. MARIO I.
MOLINA, G.R. No. 165223, January 11,
2016
Wrongful dismissal may make a
public officer liable for damages
Law on Public Officers:Nature
of Preventive Suspension
Trade and Investment Development
Corporation of the Philippines vs.
Manalang-Demigillo, 681 SCRA 27,
G.R. No. 176343 September 18, 2012,
Bersamin, J.
Nature of Preventive Suspension
Diminished responsibilities violate
security of tenure rule
Law on Public Officers: Nature
of Illgotten Wealth
Republic vs. Sandiganbayan (First
Division), 648 SCRA 47, G.R. No.
166859 April 12, 2011, Bersamin, J.
Right of the government to recover
ill-gotten wealth
Evidence to establish ill-gotten
wealth
Law on Public Officers: Nature
of Illgotten Wealth
People v. Bakunawa, G.R. No. 180418,
August 28, 2013, Bersamin, J.
Evidence required to establish
Ill-gotten wealth: discrepancy
between salary and assets
Please this case in its original to
fully appreciate the acquittal of
Bakunawa.
Law on Public Officers: Nature of
Midnight Appointments
De Castro vs. JBC, 615 SCRA 666, G. R.
No. 191002, March 17, 2010, Bersamin,
J.
Appointments in the judiciary are
exempt from prohibition of the
midnight appointments.
The President is mandated by law
to appoint a justice of the Supreme
Court within 90 days from the date
the vacancy occurred.
Law on Public Officers:
Appointments covered by
Election Ban
Elsie Causing vs. Commission on
Elections and Hernan Biron Sr.
G.R. No. 199139, September 09, 2014,
Bersamin, J.
Power of the Mayor to transfer
subordinates; reassignment of
personnel is different from transfer
or detail.
Law on Public Officers:
Appointments covered by
Election Ban
The only personnel movements
prohibited by COMELEC Resolution No.
8737 were transfer and detail.
Transfer is defined in the Resolution
as “any personnel movement from
one government agency to
another or from one department,
division, geographical unit or
Law on Public Officers:
Appointments covered by
Election Ban
or subdivision of a government agency
to another with or without the issuance
of an appointment;” while detail as
defined in the Administrative
Code of 1987 is the movement
of an employee from one agency to
another without the issuance of an
appointment.
Law on Public Officers: Prohibited
Acts during the Election Period

GOV. JAVIER v. COMELEC, CORNELIO P.

ALDON, and RAYMUNDO T. ROQUERO,
G.R. No. 215847, January 12, 2016
Power of the Governor to reassign
personnel during the election
period.
Law on Public Officers: Prohibited
Acts during the Election Period
Section 261. Prohibited Acts. -The
following shall be guilty of an election
offense: x x x
(d) Coercion of subordinates. xxx
(e) Threats, intimidation, terrorism, use
of fraudulent device or other forms of
coercion.
 Law on Public Officers: Prohibited
Acts during the Election Period
The COMELEC ruled that Gov. Javier's
act of preventively suspending Mayor
Roquero during the election period
ban fell within the contemplation of
Section 261 (d) of the Election Code,
which is a ground for disqualification
under Section 68. It held that while
Section 261(d) of the Election Code
 Law on Public Officers: Prohibited
Acts during the Election Period
was repealed by Republic Act No.
7890, it did not remove coercion "as
a ground per se for disqualification
under [Section] 68." In fact, R.A. 7890
made Coercion (an election
offense).
The Court held that the COMELEC
gravely abused its discretion when it
disqualified Gov. Javier based
 Law on Public Officers: Prohibited
Acts during the Election Period
on a provision of law that had
already been expressly repealed.
Its stubborn insistence that R.A.
No. 7890 merely impliedly
repealed Section 261(d) despite
the clear wordings of the law,
amounted to an arbitrary and
whimsical exercise of judgment.
 Election Law: Dual Citizenship
Arsenio Agustin vs. Commission on
Elections and Salvador Pillos
G.R. No. 207105, November 10, 2015,
Bersamin, J.
Filipino citizenship is a mandatory
qualification to seek an elective
position.
R.A. 9225 does not only require
reacquisition but retention as well
of Filipino citizenship.
Election Law: Dual Citizenship
The petitioner filed a valid CoC, but the
use of his USA passport after his
renunciation of foreign citizenship
rendered him disqualified from
continuing as a mayoralty candidate.
R.A. 9225 requires presentation of:
1. Affidavit of Renunciation; and
2. Oath of Allegiance
Election Law: Crime Involving
Moral Turpitude
TY-DELGADO v. HRET and PICHAY, G.R.
No. 219603, January 26, 2016
Nature of the crime of libel
Conviction of a crime involving
moral turpitude is a disqualification
Conviction must be final and
executory.
 Election Law: Disqualifications
POE-LLAMANZAREs v. COMELEC et al.,
G.R. No. 221697 March 08, 2016
Qualifications for President
Residence: 10 years
Citizenship: natural-born Filipino
Status of a foundling: assumes citizenship
of the state where found
Effect of Adoption: follows citizenship of
adoptive parents
Law on Probability: features will be factors
Good faith defense is allowed.
 Election Law: Substitution
VICE-MAYOR MARCELINA S. ENGLE v.
COMELEC and WINSTON B. MENZON,
G.R. No. 215995, January 19, 2016
Substitution of Candidate:
1. Death/incapacity of candidate;
Substitution by surviving spouse
2. Disqualification of candidate
3. Withdrawal of candidate
Substitute must come from the same
political party.
 Election Law: Pre-Proclamation
Suhuri vs. Commission on Elections, 602
SCRA 633, G.R. No. 181869 October 2,
2009, Bersamin, J.
Pre-proclamation is allowed before
the announcement and swearing in of a
winner.
With the adoption of the AES, there
may be a lesser chance for pre-
proclamation contests.
 Election Law: Quo Warranto
Proceedings
VELASCO v. BELMONTE, JR. et al., G.R. No.
211140, January 12, 2016
Writ of Mandamus may lie to
remove an incumbent member
of Congress.
Basis for the issuance of the writ:
1. Cancellation of COC (not a Filipino
citizen and a resident of the district)
2. Infirmity in oath taking ceremony
 Election Law: Party List
Lokin, Jr. Commission on Elections, 621
SCRA 385, G.R. Nos. 179431-32, June 22,
2010, Bersamin, J.
Party list is the one voted and not the
nominee.
The accredited party list must
submit 5 nominees.
Grounds for substitution: death of
nominee, incapacity of the
nominee and withdrawal of nominee.
Election Law: Nominees under
the Party List System
CIBAC v. COMELEC, G.R. No. 179431-32,
June 22, 2010, Bersamin, J.
Disqualification of a nominee
6-month rule of affiliation
Compliance with the age
requirement for youth sector:
25 years old to 35 years old.
 Election Law: Barangay and
SK Elections
Duco v. COMELEC, G.R. No. 183366;
August 19, 2009, Bersamin, J.
Date of barangay elections requires
a legislative act.
S.K. and barangay elections
may be synchronized.
Date of election of barangay
elections may be fixed by
Congress
Election Law: Evidence under
Automated Election System
Maliksi vs. Commission on Elections, 696
SCRA 272, G.R. No. 203302 April 11,
2013, Bersamin, J.
With the adoption of the automated
electronic system in the voting
process, S.D. card as evidence
in an election protest is allowed.
S.D. card reflects the actual votes
cast.
Election Law: Sufficiency of an
Election Protest
Lloren vs. Commission on Elections, 681
SCRA 167, G.R. No. 196355 September
18, 2012
Specific allegations
Jurisdiction
Injured Party
Distinguished from quo warranto:
filed by a qualified registered
voter
 Election Law: Sufficiency of an
Election Protest
TOLENTINO v. COMELEC, G.R. No. 218536
January 26, 2016
Jurisdiction of COMELEC and SET
SET: losing candidate v. proclaimed
winner
COMELEC: Provincial and city
elective candidates; appellate
jurisdiction over election cases tried
by RTC and other inferior courts.
Election Law: Venue and
Jurisdiction of Electoral Protest
GOMEZ-CASTILLO v. COMELEC, G.R. No.
187231; June 22, 2010, Bersamin, J.
Local election protest
Specific allegations
Jurisdiction of COMELEC
Issues for resolution:
Election
Returns
Disqualifications
Election Law: Requirements for a
Valid Certificate of Candidacy
Talaga vs. Commission on Elections, 683
SCRA 197, G.R. No. 196804 October 9,
2012, Bersamin, J.
What is COC
Content of COC
Material misrepresentation
Deny in Due Course
Substitution of Candidates
Election Law: Nature of
Interlocutory Order in an
Election Contest
Cagas vs. Commission on Elections, 663
SCRA 645, G.R. No. 194139 January 24,
2012, Bersamin, J.
Finality of Judgment
Nature of Interlocutory Order
COMELEC Division
COMELEC En Banc Decision
End of Presentation.
Thank you.
Good luck to all.