Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Glenn Tuazon
TABLE OF CONTENTS:
1.
2.
3.
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9.
CONSTITUTIONAL LAW
no hostility to religion)
o It sets the tone by establishing:
The Constitution
What is a Constitution?
o Written instrument where the fundamental powers of
government are established, limited, defined, and by which
these powers are distributed among several departments, for
their more safe and usual exercise, for the benefit of the body
o
politic.
The Constitution is a living testament and memorial of the
1987)
But protections existed under the ICCPR and UDHR
unicameral assembly
Must be voted on separately, because this is
OR
2. If not obtained, by a majority vote of all
people in plebiscite
What happens after?
ecology
Initiative
General considerations
presidential to parliamentary.
Takes effect on the day it was ratified
How is it ratified?
o Through a plebiscite, where a
Constitution?
further fruition)
Protect and promote a right to health Sec. 15 is also
recognized as executory
LLDA v. CA)
N.B. that A.M. No. 09-6-8-SC puts this right into
1. Waiver
o When is there consent to be sued?
law
Implied: commencing suit or
waiver).
Otherwise, the general rule is to check if it is
De facto or de jure
o Democracy:
expropriation
What about suits against government agencies
which are incorporated?
internal waters
State immunity
o Par in parem non habet imperium
o Extends to:
1. Diplomatic agents
war
2. As to applicability of International Law
o
o
of the military
4. Compulsory military service by civilians if needed
5. Maintenance of peace and order
o
o
bound to perform
As opposed to ministrant functions
standards.
Sufficient standards
o Eastern Shipping v. POEA: fair and equitable employment
practices is a sufficient standard in POEA requiring MC No. 2
which are
not do
6. Separation of Church and State (discussed in Bill of Rights)
Differentiate principles from policies:
and sanction those who fall short. Is the setting of the targets
unduly delegated to the President?
1. Completeness
2. Sufficient standards
o When rules and regulations can have the force of penal
targets.
Outside scope of delegating law:
o Cebu Oxygen v. Drilon: RA 6640 decreed a wage increase
higher than the agreed-upon CBA. The DOLE however issued
Valid delegation:
o Abakada v. Executive Sec.: The Presidents power in the VAT
law:
oil prices.
HELD: Invalid.
Undue delegation:
o People v. Dacuycuy: RA 4670 provides the penalty of
imprisonment, in the discretion of the court.
legislative power.
Contra Employers Confederation v. NWPC: Can delegate
wage-fixing power to executive, provided there are sufficient
standards.
Legislative Department
Subdivisions:
Legislative power
Congress
What are the post-legislation powers of Congress?
o Only scrutiny and investigation, to check compliance with law
otherwise, there will be violation of separation of powers
What is the difference in power of legislative and executive as re:
abolition of offices?
o Legislative in general holds the power to abolish public offices
o As an exception, the President may inactivate functions of
3. No irrepealable laws
Senate
24 members
o 1. Natural born citizen
o 2. On day of election, at least 35 years old
o 3. Able to read and write
o 4. Registered voter
o 5. On the day preceding election day, resident of Philippines for
at least 2 years
establish this.
Citizenship:
o Co v. HRET: Those born of Filipino mothers before Jan. 17,
1973 who elect Filipino citizenship upon age of majority are
o
HOR
1. Animus manendi
2. Animus non-revertendi.
o Actual physical presence is not enough, as there must be proof
o
o
Gerrymandering is prohibited.
According to population uniform and progressive ratio
At least one representative for:
2. Each province
Aquino III v. COMELEC: ONLY cities have to comply
return
On creation of new districts:
o When a municipality is converted into a city large enough
Religious
religious groups
Advocates violence or unlawful means to seek goal
Receiving support from foreign government or
when one district is split into two, because you are not
creating new juridical personalities or dividing the
territory per se. There is only a need for plebiscite if
o
enactment.
Sema v. COMELEC: Only law can create new legislative
o
o
preceding election
2. Five are nominated
3. No change in the names or order unless when (as approved
by COMELEC):
A. A nominee dies
C. Incapacitated
4. Must be bona fide member of the PL he seeks to represent
(A) Salaries
Elections
unexpired term
Tolentino v. COMELEC: Congress enacted law declaring that the 13th
valid practice, and there need not be any separate call, since the statute
filled that purpose and charges voters with information already.
What does RA 6645 (Special Election Law) provide?
o There will be a special election if the vacancy happens:
for Senators
B) at least 1 year before the next regular election for
approved the increase and are thus not entitled to the increase.
Are emoluments allowed?
o Open question, because the prohibition seems to allow indirect
increase in salary (not as strict as 1935 Constitution). But one
may appeal to the spirit of the provision to avoid increases.
Are allowances allowed?
o Yes since these do not constitute salary. The only limit is
moral.
members of HOR
What must be passed:
increase
What about a decrease?
o Not covered by the prohibition because it only covers increases
Is a new Senator or representative elected through special election
entitled to the new salary rate?
o No. The new members are serving the terms of those who
Determined by law
No increase in compensation takes effect until after the expiration of the
full term of all the Senators and HOR representatives approving the
highest vote getter in the next general elections for Senator will fill-in
(B) Arrest
concerned house
B) if not in session Certification by the Speaker or
1. Senators and reps privileged from arrest for all offenses punishable
by not more than six years
o When does this privilege apply?
1. Declaration of vacancy
resolution or certification
1. First prohibition:
o No senator or HOR rep may hold any other office or
employment in:
authority of Congress.
What does Speech or debate cover?
o
o
introduced, etc.)
When does this privilege apply?
National Red Cross chair, did not forfeit his seat because
PNRC is a private corporation, albeit performing public
functions. It is not among the prohibited positions.
2. Second prohibition:
o Cannot be appointed to:
term elected
This is an absolute prohibition, unlike the first prohibition,
where he can accept the other office, but has to just forfeit his
seat.
(E) Prohibited involvements
During term
Or else, forfeit his seat
Liban v. Gordon: Gordon, upon assuming position as Phil.
the house, the SC cannot take jurisdiction. The house can waive
office
Puyat v. De Guzman: A congressman cannot buy nominal amount of
affected.
Session
Internal order
Regular session:
o Once a year, on fourth Monday of July
determine
o UNTIL 30 days before opening of its next regular session
o (Exclude: Saturday, Sunday, legal holiday)
Special session:
o Can be called by the President at any time
o When the legislature is in recess
Officers
provision OR
2. Persons other than members of the legislature are
o
o
internal).
10
Journal rules:
o
o
present
What if there is conflict between extraneous evidence and
the journal?
enrolled bill?
journal?
Open matter
There will also be a record of proceedings
During sessions, cannot do the ff without the consent of the other
contests.
Garcia v. HRET: There is no GADALEJ when the ET
dismisses a case for failure to pay cash deposit required by the
Electoral tribunals
house:
o 1. Adjourn for more than 3 days
o 2. Hold session in any other place than that in which the two
jurisdiction.
When does a case pass from COMELEC to ET?
o When a winning candidate has been proclaimed, taken his
o
9 members each
3 of whom: Justices of SC (designated by CJ)
Two ETs:
o 1. SET
o 2. HRET
What is their Jurisdiction?
o Sole judge of all contests relating to election, returns, and
11
even if there are replaced, the replacements would face the same
challenge. No other body can replace the SETs function. So they have
When constituted?
o Constituted within 30 days after Senate and HOR have been
organized
When are the Senate and HOR organized?
12
may be summoned.
The rights of persons appearing in or affected by inquiries shall be
legislative body
Can courts prohibit Congress from requiring respondents to
shall determine the rules of its proceedings. The exceptions are when
pertinent
BUT SEE Bengzon v. Senate Blue Ribbon: The court rules
Sec 21.
De la Paz v. Senate: Violation of internal procedures of Senate cannot
be, as a general rule, subject to judicial supervision since Each house
2. SC Justice
Even a department head who is an alter ego of the President
Heads, who are alter egos of the President, may not appear
1. President
13
o
o
President OR
2. Upon request of either house
compulsory
Written questions submitted to SP/SOH 3 days before scheduled
appearance
o Interpellations not limited to written questions
o But may cover matters related thereto
What if security of State or public interest is affected?
o The President must state it in writing, and
o Appearance can be in executive session
Executive privilege really applies to Sec. 21 (because this is the
in Art. VII)
o Only the President may invoke this. If it is invoked by some
other person, there must be proof that he or she has
o
o
Presidential authority.
Coverage:
1. State secrets
2. Informers privilege
through guesswork.
Appropriations
State of war
1. By resolution of Congress
14
o
o
it relates
Garcia v. Mata: An example of a rider is the Appropriations Act
called for tour of active duty for more than 2 years in a 5 year
Passage of laws
period.
Procedure for approving appropriations for Congress: same procedure
law
Automatic renewal of prior years appropriation bill if at the end of a
fiscal year, Congress fails to pass the GAB
o Remains in effect until the GAB is passed
appropriations
Exception: The following may (by law) be authorized to
appropriations:
1. President
2. Senate President
3. SOH
4. CJ
5. Heads of Con-Comm.
Demetria v. Alba: A law allowing the President to transfer
privileges.
appropriations
o This list is exclusive.
Discretionary funds:
o Appropriated for particular officials
violated EPC).
Tobias v. Abalos: Act converting Mandaluyong to HUC of
Mandaluyong included resulting conversion of city into
congressional district.
15
HELD: Valid.
Banat v. COMELEC: RA 9369, which speaks of poll
HELD: Valid.
How does a bill become law?
o 3 readings on separate days
President
Printed copies given to members 3 days before its
passage
First reading:
Debates held,
Amendments introduced
o Third reading:
No amendment allowed
legislative side.
What happens if it is rejected?
Yes.
Must the President veto the entire bill?
Yes.
versions of bills
Tolentino v. Sec. of Finance: the Conference Committee may
16
(that is an item).
What is the doctrine of inappropriate provisions?
provisions doctrine.
Taxes
Money
Characteristics of taxation:
o 1. Uniform and equitable.
1.Armed forces
2. Penal institution
3. Government orphanage
4. Government leprosarium
What is the rule on special funds?
o Money collected on tax levied for special purpose must be paid
non-delegability.
What are specially exempt from property taxation?
o Land, buildings, and improvements that are actually, directly,
purposes.
17
Misc
SC was unconstitutional.
Can the law grant title of nobility or royalty?
o No.
2/3 vote
Majority vote
1/3 vote
Proposing
Suspension
Election of SP and
Passing
To
amendme
of a member
SOH, by their
articles of
record
nts or
by his
impeachm
yeas
revisions
respective
smembers)
ent
and
to the
house (all
(House of
nays
Constitutio
members)
Represent
(mem
n (one
atives
bers
house,
alone)
prese
vote
1/5
12%-3%
o 2. Initiative on Statutes (national legislation)
10%-3%
o 3. Initiative on Local Legislation
nt)
then the
other, all
members)
District
18
Calling a
Constitutional
Constitution
al
convention
officer (Senate)
Confirming the
appointee as new VP is
Declaration
resolved in a plebiscite
Commission on
of State of
appointments, both
war (joint
separately)
session, but
separate
vote)
Overriding
Presidential
exemption (all
veto
(originating
present)
Executive Department
Presidency, Vice-presidency
house, then
the other)
Revoking proclamation
of President of martial
law or suspension of
privilege of WHC (joint
vote)
Extension of period of
martial law or
suspension of privilege
he can discharge
EO 464
2. Military, diplomatic, other national security
matters
Senate)
Deciding to impeach an
19
executive agreements
4. Discussion in close-door Cabinet meetings
5. Matters affecting national security and
public order
Two requisites for executive privilege to apply:
privileged.
Estrada v. Disierto: A president is immune from prosecution during
tenure. But once out of office, the immunity for non-official acts is lost.
covered
2. Claim of privilege must be stated with
Qualifications of President:
o 1. NBC
o
o
o
o
limitation of privilege
From among the Executive branch officials, only the President
is exempt from Art VI, Sec 21: the President. The executive
CONA confirmation.
20
Senate President
Not later than 30 days from E-Day: open all
Vacancy, sickness
session
PRESIDENCY
COMELEC
Pimentel v. Joint Canvassing Committee:
Final adjournment of Congress only
terminates legislative functions, but not non-
Poe Jr. v. Arroyo: Under PET rules, only the 2nd and
supposed to start
P-elect dies or is permanently
qualified
VP becomes P
to qualify
Both P and VP died or became
becomes acting P
SP, (or Speaker, in that order),
becomes acting P
start of term
P, VP, SP, and Speaker all have died,
Solution
Solution
21
VP becomes P
Result
same effect
President transmits to SP and SOTH
session)
Can decide, through 2/3 vote of
both houses, voting separately,
b) or P to discharge duties
Public informed about state of
health
Who cannot be denied access
to P:
o
1. National security
adviser
2. Secretary of Foreign
Affairs
3. AFP chief of staff
election
Held 45-60 days from time of call
Automatically deemed certified (since there is no P to
certify)
Becomes law upon 3rd reading
Appropriations: from current appropriations (any)
Cannot:
occurs
Angara diaries
Procedure when vacancy occurs in P AND VP office:
o Congress convenes at 10 a.m. of third day after vacancy
22
source
Estrada v. Desierto:
o President is immune from suit during his tenure
o
o
their position)
Public Interest Group v. Elma: Chief Presidential Legal
and subsidiaries)
What if the spouse/relative was already in position?
o Then he/she can continue. What is prohibited is appointment
and reappointment, not continuation in office.
To which positions can they be appointed?
o Judiciary, ambassadors, consuls
o N.B. (I guess because the appointment is subject to JBC for
the former and competitive exams for the latter)
contract):
o A. practice profession
o B. participate in business
o C. be financially interested in any K, franchise, special privilege
3. Sec, U-Sec
4. Chairmen or heads of bureaus or offices (including GOCCs
23
Disapproval by Congress
provision.
5. Other positions, as provided by Constitution, such as:
1998)
When CONA approval not needed:
o 1. Other officers whose appointments not provided by law
o 2. Those he is authorized by law to appoint
o 3. Those vested upon him by Congress
President alone
Courts
which:
departments
Rufino v. Endriga: When authority is given to head of
CONA approval?
enumeration.
What about appointments to the SC and judges of lower courts?
o By the President, but no CONA approval needed because the
Power of control:
o Control of all executive departments, bureaus, offices
o President can alter, modify, nullify, or set aside acts of ANY
o
JBC is there
Ad interim appointments:
o Appointments made during recess of Congress
o Effective only until:
24
Stems from being the ceremonial, legal, and administrative head of the
armed forces.
o Gudani v. Senga: President has power over the military, and
with this.
1.
c.
d.
reorganization
Philips Seafood v. BOI: Executive control may be
2.
of privilege of WHC)
Sanlakas v. Exec Sec.: State of rebellion = calling out powers.
Factual necessity of declaring a state of rebellion is highly
Military/Extraordinary powers
President.
Power of supervision:
dependent on President.
Does not include power to take over media, cause warrantless
25
3.
the extension
2. Congress votes jointly by majority vote
3. Congress may extend proclamation for a period to be
days
2. Within 48 hours from declaration, the President submits report to
Congress
o If Congress not in session: Congress convenes without need
Constitution
2. Amnesty needs Congress approval
3. COMELEC must give favorable recommendation prior to
clemency for violation of election offenses
extension
3. SC must issue decision within 30 days
Executive clemency
26
Amnesty
Pardon
Political offenses
To a class of persons
Concurrence of majority of Congress
Ordinary offenses
To individuals
No need for Congress to act
Extinguishes offense
proved
Extinguishes penalties only
rights
Diplomatic power
A. Contracting or guaranteeing foreign loans
o P may contract or guarantee foreign loans on behalf of the RP
Board
Senate approval.
Foreign relations power of P:
5. Deport aliens
Sec. of Justice v. Judge Lantion: Since extradition is not a
criminal prosecution, the subject of extradition is not covered by
the usual guarantees in a criminal proceeding, such as being
in the Constitution
Monetary Board:
need
What if Senate conditionally approves it, with
suggested amendments?
treaty or law
If in International tribunals, the treaty always wins
Except:
concurrence
27
Court?
concurrence.
Basis of Gen. Appropriations Bill
legal matters.
Can the Congress amend the Rules of Court?
decision even without law (Art 9) to the two cases where the SC did
Judicial Department
When?
SONA
Sec. 5 matters
2. Congress cannot increase the SCs appellate
measures
o
remedies
2. Determining court with jurisdiction
28
Elements of standing:
involved
2. Presence of a clear case of
direct/specific interest
What must be the character of interest?
taxing/spending powers.
2. Sufficient interest in preventing illegal expenditure of money
raised by taxation
o 3. Direct injury from enforcement of statute
What is the effect of declaration of unconstitutionality of statute?
o Operative fact: can be a source of rights and duties
Can lower courts conduct judicial review?
o Lower courts may conduct judicial review. But declaration
binds only the parties to that case and doesnt set precedents.
What are political questions?
o Questions under the Constitution that are to be decided by the
people in their sovereign capacity or where there is full
o
action
Transcendental interest
o 1. Character of funds or assets
29
o
o
o
SC
or concurrence
4. SC has administrative supervision over all lower courts and
personnel
5. SC has exclusive power to discipline lower court judges or
NBC
40 years of age
o
o
justices
6. Security of tenure cannot be deprived by Congress
7. May not be designated to any agency performing quasi-
Phil. citizen
Other
qualifications
qualifications
provided by
provided by
15 years or more a
Congress
Member of Phil.
Congress
Member of Phil.
bar
bar
Proven CIPI
Proven CIPI
(competence,
integrity, probity,
independence)
o
o
lower court
NBC
Other
in Phils.
Proven CIPI
autonomy.
autonomy.
9. SC alone may change Rules of Court (except when
collegiate
or in practice of law
Non-collegiate
court
judicial/administrative functions
Lower
is an alien.
Topacio v. Ong: Proper remedy for those contesting a persons
enjoyment of public position is Quo Warranto. May be commenced by
Sol-Gen, public prosecutor, or in some cases, the person claiming to be
entitled to the office. But that person must show a clear right to the
contested office.
Qualifications
30
o
o
o
CJ + 14 AJs
o En banc or divisions of 3, 5, or 7
What must be heard en banc:
o Decided with majority of members who actually took part in
deliberations and voted
[constitutionality]
1. Constitutionality of a treaty, international or executive
agreement, or law
2. Constitutionality, application, operation of:
o
o
o
o
regulations
[re: decisions]
3. Those required by ROC to be heard en banc
4. When a division cannot reach majority decision
5. to modify or reverse a principle or doctrine laid down en
o
o
banc
[special powers]
6. Administrative cases involving discipline or dismissal or
judges of lower courts
vacancy
Vacancies in lower courts filled within 90 days from submission
31
ii.
iii.
consuls
2. Certiorari, prohibition, mandamus, quo warranto, habeas
corpus
Over which cases does the SC have appellate jurisdiction over?
o 1. On constitutionality or validity of treaty, international
iv.
b.
appeal, withdrawn.
5. Cases where only questions of law are involved
i.e. Rule 45
3.
c.
d.
unless changed by SC
Baguio Market Vendors v. Judge: Congress has no power to
repeal, alter, or supplement Rules of Court. Lim v. CA:
However, rule making power also includes inherent power to
2.
disposition
ii. Uniform for all courts of same grade
iii. Not diminish, increase, modify substantive rights
Procedure in Q-J bodies and special courts remain effective
i.e. GADALEJ
4. Criminal cases where penalty is RP or higher
1.
e.
32
f.
4.
5.
only.
Must have the decision adopted by reference
attached, for easy reference.
Otherwise, a full decision is still preferred because:
loss
3. Enrich case law
administratively though.
4. Member must state why:
He took no part
Dissented
Or abstained
Same requirements above followed by lower collegiate courts
the case
2. Gives losing party opportunity to analyze
33
o
o
General provisions
admin functions.
o Ex. A judge was assigned to the Provincial Committee on
Justice of Ilocos Norte, which receives complaints and makes
recommendations on how to speedily dispose of cases. HELD:
Invalid, because these are admin functions, which the above
provision disallows appointment of judges into.
collegiate court.
Duties upon expiration of given period:
o 1. Certification issued to parties signed by the judge or CJ,
o
acting member
Contra: in alter-ego positions, the President
Feb. 2, 1994)
Commissioner A 5 years (Feb. 2,
1992)
Commissioner B 3 years (Feb. 2,
1990)
After this, ALWAYS 7 years to keep it staggered
end?
o
Constitutional Commissions
34
o
o
affected by office
4. No financial interest in any contract/privilege, franchise
granted by government or its subdivisions
interim appointment
6. Salaries may not be decreased during term
Judiciary:
o 1. Appropriation may not be less
o
o
o
o
Decision making
released
Commissions:
o 1. Automatically and regularly
released only
CSC v. Dept. of Budget: Reason given by Dept. of
who deliberated
unanimous?
35
through certiorari
Exception?
Law.
What is the basis of appointments?
o 1. Merit
o 2. Fitness
How are merit and fitness determined, by default?
o Determined by competitive examinations
o Is merit and fitness as a requirement for appointment
Yes
1. Policy determining
2. Primarily confidential
3. Highly technical
What is the role of CSC in appointment process?
o Only to determine if a person has qualifications under CS law
o Cannot make recommendations on who is more qualified
o Does the CSC have power to revoke certificate of
eligibility?
No.
36
law:
o
o
o
political activity
Can right to self-organization be denied to government
employees?
o No. But the right to strike can be denied to some
Yes
election activity?
No. These are only internal acts that are not deemed
37
Ex. HT positions
Examinations
Circular 21?
o Those already holding positions
the Cabinet.
government
4. Career Officers
to CES
5. AFP governed by separate merit system
6. GOCC personnel
7. Permanent labourers
nonetheless.
2. Elective official: NOT eligible for appointment or designation
Board
What is the exception?
Is this absolute?
No. It can be authorized by law.
personnel
38
COMELEC
authorization.
Ex. SC justice who becomes examiner for
Composition
No.
Can a retiree be given both separation pay and
retirement benefits?
earned.
Then he can still get compensation
member
o 4. Not lame duck
What must be decided in division:
o 1. Election cases and pre-proclamation contests
o 2. Petition to cancel certificate of candidacy
o 3. Appellate power over election cases coming from RTC or
MTC
What must be decided en banc:
o 1. MRs of decisions
decided in division
Can the COMELEC en banc decide election
cases?
No. COMELEC en banc cannot decide
gratuities?
must be by division.
What if a case that must be filed to the COMELEC
en banc was erroneously filed to a division?
It may automatically be elevated to en banc,
39
there be a rehearing?
There must be a rehearing, as required by
excluded?
o 1. Barangay federation
o 2. SK (under DILG)
o Are plebiscites popular elections?
Yes.
not division
Others: failure of elections, postponement of
before it
What can be raised to the Supreme Court?
o Only decisions of the COMELEC en banc, on certiorari AND
MTC
What questions may be resolved by the COMELEC in its
appellate jurisdiction?
powers.
What if its exercising mere administrative powers?
40
Original in R,P,C
Appellate in M,B
Is there jurisdiction over intra-party disputes of political parties?
o Yes.
o May the COMELEC decide on questions of party
leadership?
offenses
2. Helps judges determine in preliminary inquiry whether there
should be a warrant issued
3. Can deputize prosecutors from DOJ
697
elections.
What if the COMELEC proves that registration cannot be
offenses?
o 1. Conduct preliminary investigations and file information in
court
authorities
When does the jurisdiction of COMELEC end, and when does the
cases.
After proclamation, and after assumption of office, ET obtains
jurisdiction
How about party list representatives?
o If one party list nominee is challenged by another, it is a
o
contest.
41
Broad powers
board?
o Political parties cant be represented in election board,
media.
some compensation.
Registration of parties
COA
CSC
o 4. Not lame ducks
Important powers:
o 1. Examine and audit all government revenues
o 2. Examine and audit all government expenditures
o 3. Settle government accounts
o 4. Promulgate accounting and auditing rules
42
are qualified.
o 5. Decide admin cases involving expenditures of funds
What does COA determine re: expenditures (#2)?
o Whether these expenditures are unnecessary, irregular,
o
extravagant, or unconscionable
Can the COA overrule an entitys general counsel re: w/n
etc?
Yes
Can the COA invalidate a valid compromise agreement
GADALEJ.
When may the COA settle government accounts (#3)?
o When there controversy as to what is due and how much is
o
techniques is exclusive
Can COA decide money claims?
o Yes; it must decide based on law. But if a money claim is
the constitutionality of a law.
Can a law be passed exempting entities of Government or a GOCC
from jurisdiction of COA?
o No.
due
What kind of accounts may be settled?
BILL OF RIGHTS
Due Process
autonomy
2. Autonomous state colleges and universities
3. Other GOCCs and subsidiaries
43
process of law.
2. No person denied of EPC.
What is life?
o Good life, health also protected
o Includes life of the unborn, upon conception
What is liberty?
o Freedom from outside constraint
o Is there a right to contact visits for detainees?
Must publish not only laws but also EOs and PDs and
provision?
callings, or businesses
What is the nature of business licenses?
protected by DP clause
Is public office property?
(police power)
A law may close commercial blood banks or
prohibit gambling
Can there be a policy against a companys
employees of a competitor?
44
o
o
counsel?
o Yes, but no right to appear in the proceeding itself
In cases involving teachers where dismissal is involved, is the
invalid?
o It must be so vague that it cannot be understood. No amount
o
against him?
o 1. During executive phase, no
warrant of arrest
Is there right to bail here?
45
during investigation.
Are notice and hearing always required in administrative
Equal Protection
proceedings?
o No. If its quasi-judicial, its required. If quasi-legislative, no.
o Ex. The NTC requiring PHILCOMSAT to reduce its existing
discos, dance halls, motels, inns, etc. which are not per se
germane anymore.
ISA v. Quisumbing cannot make distinction between local
and foreign hire teachers as far as salary, but can make
offensive to morality
White Light v. City of Manila vis--vis Ermita-Malate:
o Ermita-Malate Hotel operators cannot challenge law
the law.
N.B.: before there was reasonable classification between male
operators can
Banning those reviewing for board exams from attending review classes
46
dwelling?
violating EPC.
British American Tobacco v. Camacho: distinctions made between
old cigarette manufacturers and new entrants
o In making distinctions on economic grounds, all that is required
o
collection of taxes
Can a law initially valid, become invalid based on EPC?
o Yes, based on developments of the law. This is the principle of
o
o
Relative unconstitutionality.
For instance, employees of GOCCs.
Central Bank Employees v. Bangko Sentral
Officers of the COMELEC, who are not allowed to hold office in the
same city/municipality for more than 4 years, and other officials,
What is protected?
o 1) life, 2) liberty, 3) security
o Does not involve protection from threatened demolition of
Guzman v. COMELEC)
A law provides that police officers being investigated may be
(Himagan v. P)
47
notes)
Are checkpoints illegal?
Not illegal per se, especially when there is grave peril or public
are fine.
BUT for thorough search to be justified there must be probable
moving vehicle)
Does the BOR prohibit the violation of search and seizure clause
by private individuals?
o No. Bound by Art. 32 of the Civil Code, if private individuals
Essential requisites of valid warrant:
o 1. Must be issued upon probable cause
search warrants
2. Determined personally by a judge
purposes
2. Neither may the PCGG issue search
warrants.
3. Examination under oath of the complainant and the
become final.
Cannot, however, issue a warrant of
unsworn statement.
NOTE: for search warrants, the judge must personally
documents.
Who cannot issue warrants of warrants?
ordinarily allow
An undetermined amount of marijuana is
sufficiently particular, because technical
is not a judge.
o But he many order the arrest of an
48
territory
But for compelling reasons, it can be with any other court, but
proceeding
Goods seized must be returned, unless possession is
prohibited by law
Can third parties object on behalf of a person whose constitutional
right against unlawful search or seizure has been violated?
o No. Objection to an unlawful search or seizure is a purely
Warrantless searches
1. Search incidental to lawful arrest
o Requisites?
1. Contemporaneous to arrest
constitutional qualifications.
For candidates of local office?
49
the house
Requisites?
police officer.
What is special about this exception?
Warrantless arrest
the officers thought that the manicurist was the wife. Had they
known she was a mere manicurist, I dont think they would ask
1. In flagrante delicto
o Distinguish between entrapment (allowed) vs. inducement (not)
o Continuing offenses can be arrested without warrant
2. An offense has been committed and he has personal knowledge that
of the crime
Passage of 19 hours will militate against the crime being just
committed (People v. Manlulu)
50
another place
[4. Waiver can be considered as #4 exception]
o NOTE: posting bail is not a waiver to question validity of arrest
When must objection to the arrest be made?
o Any objection to the arrest must be interposed before one
prescribed by law)
Prior restraint
government
Usual examples: censorship, licensing administered
sedition, kidnapping
N.B. these are mostly crimes against law of nations and
crimes against public order + kidnapping
Freedom of Expression
51
(SWS v. COMELEC)
Cannot prohibit columnists from using their columns or
COMELEC)
Can exit polls and surveys be prevented?
o No. Prevention of this is prior restraint
o Cannot ban exit polls because the evils envisioned are merely
Subsequent punishment
illegal transaction
same protection.
Is commercial speech protected?
Yes.
Conditions for regulation: (Central Hudson Gas v. PSC)
broadcast
What is the rule for Commercial speech?
o Definition: speech that proposes commercial transaction.
52
right to know
ii. When the object of the defamatory
Barangay official
Iii. Fair commentary on public matters
o
B. Obscenity
o Its very difficult to find something obscene
o Miller v. California test:
protected:
o 1. Libel
o 2. Obscenity
A. Libel
o A) Allegation of a defect
o B) Publication
speech
o 3. No greater than what is needed
When can there be a facial challenge?
o Over-breadth of a prohibition is a constantly recurring test.
o Over-breadth, leading to a facial challenge, only applies to
o
o
still applicable
But with the restoration of democracy, CPD is coming
into favor
When can non-verbal or symbolic speech be regulated? (OBrien
test)
o
o
anyway.
Stricter rules on television, radio, and speech in schools
What is Relative obscenity?
53
upheld.
You can protect children another way and adults have
what they are saying but due to the potential reaction of the
o
reacting party
Is this ground to ban speech?
Non-establishment of religion
is equally important
Assembly and petition may be punished when it presents CPD
o
o
of a substantive evil
JBL Reyes v. Bagatsing and BP 880:
o 1. To rally, you need a permit. The application must be early
enough to give authorities chance to decide.
2. The authorities must decide whether to allow or not.
District v. Schempp)
2. Primary effect neither advances or inhibits religion;
incidental.
Money used to purchase religious statute. HELD: it
was valid since private funds of the municipality were
used. Also, a fiesta is not a religious affair but a
socio-religious affair which is an ingrained tradition in
Freedom of Religion
rural communities.
3. No excessive entanglement with recipient institutions
54
leprosarium)
2. Art II, Sec6 Separation of church and State is inviolable
3. Art IX(C), Sec 2(5) No religious sects can be registered as
political parties
Constitutional exceptions to non-establishment clause:
o 1. Art VI, Sec. 28(3) charitable institutions, churches, etc and
Finance)
Likewise, a State may impose regulations on solicitations for
her belief was sincere that it was fine, she had blessing of
pastor. Court did not disturb the relationship, because there
dissemination)
But a general administrative fee like registration fees for the
was no harm.
What is benevolent neutrality?
55
Division Superintendent)
Exemption from compulsory education based on religious
(Wisconsin v. Yoder)
But religion cannot be an excuse to violate narcotics laws, such
as in the case of those who ingested sacramental peyote
(Employment Division v. Smith)
1. National interest
2. Public security
3. Public health
o And how is it impaired?
As provided by law.
Right to Information
spectrum of subject
What is the remedy when a government agency or court refuses to
court
disclose records?
o If you are seeking information, and government refuses to give
this right
As a corollary, who may invoke the right to privacy?
o Right to privacy may only be invoked by the individual involved
and not the government agency compelled, because there is
proposals:
A. If there is no firm proposal yet, there is no right to be
informed
B. If there is a firm proposal, even when there is no contract
Two rights:
o 1. Right to information on matters of public concern
o 2. The corollary right of access to official records and
regulations?
o Laws and regulations affecting the public are non-binding
unless published, intended to make full disclosure and proper
documents
To whom does the right belong to?
o ALL citizens of the Philippines
56
notice to people.
Is there a right to access court records?
o
o
o
o
Eminent domain
Government.
By delegation, it can be possessed by local governments, other
domain?
Taking
57
o
o
o
o
permanent
3. Entry must be under warrant or color of legal authority
4. The owner is deprived of ownership or permanent use of the
property.
Is a right of way taking?
o Yes, it is equivalent to taking, when it has effect of depriving
o
private person?
o Violation of property right.
What are the rules upon abandonment of real property condemned
compensation?
o Compensation needed if it is patrimonial property of the
private capacity.
No compensation needed for public buildings or legua
expropriator
Usually means market value. This means the value of the
property will command in the free market, if the owner is not
Public use
58
and settled.
What is the exception?
Lim)
When is there right to repurchase or re-acquire property?
o Owners right to repurchase the property depends on the title
revert to the owner, then the owner can re-acquire the property.
When eminent domain is exercised, who is entitled to
compensation?
o 1. The owner
o 2. Those whose property rights may have been violated
be more.
How is the value of the property measured?
o Commissioners are appointed by court to determine.
X, a landowner, challenges the valuation of his property. Can he
withdraw the money deposited as just compensation in the
meantime?
contrary to law and PP. When government took it from the contractor, it
still needed to pay just compensation (Republic v., Judge Gingoyon)
59
(Maddumba v. GSIS)
Is power of eminent domain subject to judicial review?
o Yes.
o Courts may review:
1. Adequacy of compensation
ordinance.
Eminent domain by local government:
o REQUISITES:
review.
What about res judicata? Ex. Government went to court to expropriate
a property and it was rejected because the use was not for public use.
of priority.
domain
2. Exercised for public use, purpose or welfare
3. Just compensation
4. Valid and definite offer previously made to the
VM Realty)
Government entered into contract to buy property. The price turned out
60
judiciary
When is there impairment?
o There is impairment when the terms of the contract are
not impair.
The sanctity of contracts and franchises are subject to police power.
o Chavez v. COMELEC: Ex. Removal of billboard of a
power exercised by government is to protect the sanctity of
elections. No impairment.
A corporation owes money to a lot of people. It applies for a
rehabilitation plan. The rehabilitation plan is submitted to court.
o If the plan only results to postponement of payment, there is no
o
presence of counsel
What if the person in custody said that he did not need a
communicative in nature.
Who and what are not covered by this protection?
o 1. One who voluntarily presented himself to the police to
surrender
61
or coercion
When did these rights take effect in the Philippines?
o Jan. 17, 1973 when the 1973 Constitution took effect,
first.
When do Sec. 12 rights begin to apply?
o When investigation is not anymore a general inquiry into crime,
throughout.
P v. Marcos: But statement in open court that a confession
given without counsel was voluntarily signed CURES the
infirmity.
Aballe v. P: A knife with blood was found due to an
uncounseled EJ confession. This knife, even if it is object
evidence, is inadmissible because it is the fruit of an invalid
informed?
62
interrogation.
Difference between admission and confession?
o Confession acknowledging that you have committed a crime
o Admission admitted having performed some act; not
necessarily criminal, but may be connected
Requisites of a valid EJ confession?
o 1. Voluntary
counsel
o 3. Confession is express
o 4. Confession is in writing
o 5. Signed or thumb marked by confessant
Tantamount to confessions without counsel:
o P v. Galit: Signing receipt of seized property
o P v. Bagano: Asked to affix signature on marijuana bags
Bail
(for life and RP). Thus, loss of right to bail is NOT automatic.
What if you are charged with crime punishable by life
jurisprudence)
What are the duties of trial judge upon application of bail (by one
RP/life/death
When must bail be denied?
o 1. Capital offense
o 2. Before conviction in RTC, when offense is punishable by
RP/life and evidence of guilt is strong
3. After conviction in RTC, when offense is punishable by
RP/life/death
Does the suspension of the privilege of WHC prevent a person
from filing bail?
o No. It is not suspended.
RP/life
3. Before conviction in RTC, when offense is punishable by
imprisonment?
o Right to bail is withheld as well (as established by
Presumption of innocence
bail still.
63
assigned to him
When does presumption of innocence end?
o It ends when acquittal is already final.
o When the case is on appeal, does the accused still enjoy
presumption of innocence?
Yes
What is the equipoise rule?
o When there is even balance in the evidence adduced by both
waived?
o No.
Accused had Counsel de parte X. X was absent. Court appointed
Counsel de officio Y. Accused claimed violation of right to choose
Right to counsel
innocence?
o Yes, if: a) there is more than one circumstance, b) the facts
Yes, you may waive this right. But the waiver must be very
64
ones behalf
1973 and 1987 added compulsory process to secure not just
counsel de officio.
Is the mistake of the counsel the mistake of the party?
o Yes. Except when it is so gross as to have prejudiced the
Right to be informed
Right of confrontation
examination
To enable the judge to observe the demeanor of the witnesses, face-to-
Two things:
o 1. Compel attendance of witnesses
o 2. Right to have evidence in ones favor produced
65
they have released the person detained. But there is still no sign of him.
Waiver of rights
Self-incrimination clause
of pictures of accused
What about handwriting?
o Handwriting is protected against self-incrimination, because it
requires it
What is the Privilege of writ of HC?
o The right to have immediate determination of legality of
The case was transferred to a second court. When the new judge
66
excessive as to jaywalking
Death penalty shall not be imposed except with compelling reasons for
heinous crimes
o It may (and was) restored, but it was suspended again
o It may be revived again
What determines whether a crime is heinous? If congress passes
a bill saying rape is a heinous crime, does this settle the matter?
o No. Whether or not a crime is heinous is a question of fact.
o Legislative fact just enough fact enough to justify passing a
67
law
o Judicial fact enough fact to convict (this is a higher bar)
When is a punishment cruel and degrading?
o Ex. Covering a person in honey and placing him on an anthill
What if death penalty is imposed under law right now?
o Death Penalty imposed is reduced to RP
o But we are not a party to the treaty that prohibits the Death
Penalty
Is death by injection cruel and unusual?
o No.
Does the death penalty violate equal protection because it is
offense?
o The judge cannot impose the penalty immediately. Look into
facts to check if death indeed is the proper penalty
this:
o
be punished)
2. The first jeopardy terminated by conviction, acquittal, or
Double Jeopardy
are charged with physical injuries instead for the same act. Is this
double jeopardy?
o Yes. Same offense.
You are charged with frustrated homicide. You are convicted. The
victim then dies. You are charged with homicide. Is this DJ?
o No, because the homicide did not yet exist when you are
first
When can you say that you have been placed in jeopardy?
o 1. Valid information
o 2. Court has jurisdiction
prosecution
2. Facts constituting graver offense only were discovered after
filing of complaint/information
3. The plea of guilty to a lesser offense was without consent of
the fiscal and offended party, or either
68
When the defendant appeals, the case is opened again, and you may
o
o
o
an acquittal?
o Yes, if the prosecution can show GADALEJ
Ex post facto laws and Bills of Attainder
changed.
What is a bill of attainder?
o A law or statute that imposes a penalty without a trial.
Ex. A law is passed saying that all those who served the government
of majority
o 4. Naturalized according to law
What is the rule for an illegitimate child of a foreign mother
(Tecson a.k.a. FPJ case)?
o If the father is unknown, follow the mothers citizenship
o If the father is known and is Filipino, he is a Filipino. Prove the
under the Japanese occupation are not qualified to run for office:
o This is a bill of attainder. It imposed the penalty of
CITIZENSHIP
majority
N.B. because the Filipina becomes an alien
too upon marrying the alien spouse. In any
69
paternity.
What are the modes of acquiring citizenship?
o 1. Jus soli according to place of birth
Yes. (Cruz)
What does it involve?
1. Oath of allegiance
country
6. Express renunciation of citizenship
Is marriage with an alien a ground to lose Philippine
citizenship?
Filipinos as well
2. The spouse, if not disqualified, becomes
naturalized too
Who are natural born citizens?
o 1. Citizens of the Philippines from birth who do not need to
o
o
How?
Repatriation
2. A Filipino who acquires foreign citizenship after RA 9225
citizens.
Who may be repatriated?
contagious diseases
What is derivative citizenship?
70
Filipino citizenship?
o Must still comply with Overseas Absentee Voting Act
Does reacquisition of Philippine citizenship automatically translate
to reacquisition of domicile?
o No. You need to establish animus mandendi and non
revertendi
PUBLIC OFFICERS
o 3. Bribery
o 4. Graft & Corruption
o 5. Other high crimes
o 6. Betrayal of public trust
Can the list of impeachable officers or impeachable offenses be
changed by Congress?
o No.
Can impeachment be stymied by condonation?
o No. It is beyond power of executive clemency.
What is the effect of impeachment?
o 1. Only removes from office
o 2. Disqualifies to hold any office
o 3. Not criminal
o What if the officer resigns?
endorsement by congressman
2. Submitted to committee
71
impeachment)
Vote is within 60 days from referral from committee
What if the committee rejects the impeachment?
impeachment
o 4. Senate decides with 2/3 vote (16 seats)
How is impeachment deemed initiated and what is is the value of
knowing this?
o Impeachment initiated upon filing of complaint and referral to
o
committee
Material, because an officer can only be impeached once a
year
What are the roles of the different officers?
o Senate has sole power to try and decide cases of
o
o
impeachment
If the President is on trial, the CJ presides but does not vote
The Supreme Court can determine if Congress committed
law
o 5. Not lame ducks
Composition?
o 1 OMB
o 1 over-all deputy
o 1 deputy each for Luzon, Visayas, Mindanao
o Can have 1 deputy for military establishment
Q: how long should the OMB appointee serve? The remaining term
Constitution
Can SC judges be prosecuted before the SB?
Yes
Who is the Tanodbayan? Who is the Special Prosecutor?
o OMB is the Tanodbayan.
o The Tanodbayan before became the Special Prosecutor
o SP may not exercise powers conferred to OMB under the
o
functions
Private individuals may be tried if charged as co-principals,
accomplices, or accessories
will just fill in the remaining years, then do so. Else, 7 years.
See the prohibition in running for elections immediately after
of office
72
On whose initiative?
It may be delegated
Congress)
Can the OMB deputize public prosecutors to
special charter
Can OMB investigate public school teachers?
Yes
investigate or prosecute?
Yes.
Which GOCC officers can the OMB investigate?
recommendatory
4. Direct officer concerned to furnish it with documents relating
prosecute?
Yes
What is the nature of the recommendation?
73
to do so.
Does it enjoy fiscal autonomy?
o Yes. The appropriations must be automatically and regularly
released.
What are the judicial review remedies?
o Non-administrative cases Rule 65 to SC
o Administrative cases Rule 43 to CA
challenged?
Loans
Guarantees
business?
Valid.
1. P, VP
2. Members of Cabinet
3. Members of Congress
4. Members of SC
5. Members of CCs
or body
o 5. Permanent or continuous
How are public offices created?
o 1. Constitution
o 2. Law (statutory enactments)
o 3. By authority of law
Distinguish from a clerk or employee:
o Officers duties involve exercise of discretion
o When used in reference to a person having authority to do an
act or perform a particular function, the officer is the one who
o
It is sworn
General Principles
74
1. Permanent
Yes.
o If X is terminated from his temporary appointment, can he
replacement
If the temporary appointee gains eligibility,
appointments?
terminated at will?
new appointment
What if the position appointed to is a career civil
service position?
CONA
an acting capacity.
3. Provisional
cause.
Differentiate regular appointment from ad-interim appointment:
o N.B. this distinction applies to positions confirmable by the
Regular
Ad-interim
Congress is in session
75
1. Disapproved by CONA, or
Ad-interim
No confirmation
Appointment
Issuance of
Appointment
Issuance of
Issuance of
commission
Acceptance by
commission
Acceptance by
commission
Acceptance by
appointee
Confirmation by the
appointee
appointee
CONA
performed?
needed
Nomination
Confirmation by CONA
qualifications
What is the implication when the appointment is not yet
complete because not all the acts required have been
being appointed.
Who has ultimate discretion in who will be appointed?
o The appointing authority.
o What is the CSC role?
appointing authority.
Can the appointing authority disregard the next-in-rank
rule?
confirmation
considered.
Is the President bound by the recommendations for
appointment by his cabinet secretaries, or can he appoint
someone else?
Yes.
can be revoked/withdrawn
What is the CSC tasked to do here?
76
No.
Can the CSC convert a permanent appointment
needed qualifications.
What is the scope of judicial review of appointments?
o Only political questions, and cannot go into discretion.
o Who can file a case for usurpation of office?
o
o
to forfeiture of office
during incumbency?
Loss of office.
Understanding qualification in the second sense, what acts or
failures can affect the officers title?
o 1. Prolonged failure or refusal to take oath of office could result
Differentiate:
o Eligibility state of being legally fit to be chosen
o Qualification acts which a person is required to do before
o
No.
What happens when a person loses these qualifications
interest of individuals
What are the two meanings of qualification?
o 1. Endowments, qualities, or attributes that make an individual
No effect
What happens as long as the proclaimed winner
77
Yes.
Can Congress add to qualifications of officials?
o If Constitutional office, no.
o If statutorily created, yes, as long as:
statutory offices.
The disqualifications, however, must not violate the
Constitution
What are the general DQs under the Constitution?
o 1. Lame duck bar
o 2. No elective official is eligible for appointment or designation
o
o
o
position
Can an appointive official hold an ex officio position
o
appointed as:
OMB
GOCC
Compare this with the nepotism provision in the Civil
Service Law:
No.
An EO provided that Cabinet secretaries hold
Yes.
2. Congress: may not hold any other office or employment in
78
2. Teachers
3. Physicians
4. Members of AFP
promotion, etc.)?
Or GOCCs/subsidiaries
Member of CSC
Exception losing candidates in barangay elections
discretion itself.
What are the general duties of public officers?
o 1. To be accountable to the people, to serve them with utmost
responsibility, integrity, loyalty, and efficiency; to act with
o
performed
For which power does mandamus apply?
N.B. there are cases where judges have resigned but still
required
o 3. Owe the State and Constitution allegiance at all times
What is the nature of the Sol-Generals duty to represent the
government?
o Its mandatory. While he can exercise discretion w/n to
prosecute a case or withdraw, it must be exercised pursuant to
the best interest of the State.
79
officials?
o No.
position?
activity
Does this prohibition cover expression of views on current
support?
3. Loans
o See above discussion (under Constitutional provisions, where
loans for business purpose are disallowed)
4. Laborers
o Cannot be assigned to perform clerical duties
5. Detail or reassignment
o When is detail or reassignment prohibited?
If approved by COMELEC
6. Nepotism
o See above discussion in disqualifications (the 3rd degree rule,
as opposed to the 4th degree rule for the President)
Congress
Are pensions and gratuities covered by this?
No.
prohibition
Distinguish from the prohibition in BP 881?
De Facto Officers
80
officer he purports to be
Failure to conform to requirement imposed by law,
although there is a known and valid election or
appointment
If unknown to the public that: the office is not eligible,
authority, irregularity in appointment or election
Under a known appointment or election under an
unconstitutional
What is the effect of his acts?
o They are valid, binding, and have full legal effect
o This is intended to protect the public and individuals who get
o
o
salaries received?
o As a general rule, yes he may, even if the de facto officer took
o
1. Bad faith
2. Malice
3. Negligence
Yes.
N.B. this is the latest ruling + exception based on Gen.
public officer?
81
can be no salary
Can a public officers salary be garnished or unearned
salaries assigned?
required
o 3. Malfeasance
No. X is in estoppel.
What if compensation, allowances, and benefits of an
officer are not approved by the Dept. of Budget and
Management?
misconduct
o
duty to perform
2. Misfeasance
Presidency.
o Can the President institute a lawsuit?
1. Right to Office
o Just and legal claim to exercise powers and responsibilities of
public office
2. Right to wages
o Basis for this right?
served.
3. Salaries of judiciary members cannot be decreased
during service.
82
salaries?
Yes.
reorganization.
What are the types of preventive suspension?
Court.
3. Right to preference in promotion
o N.B. this however does not prevail over discretion of the
appointing authority
4. Right to vacation and sick leave
o Do elective officials enjoy vacation and sick leave?
officials.
Can an official be declared absent on Saturdays, Sundays,
or holidays?
is exonerated
Is there right to salary for period of preventive
suspension?
1. Reinstatement
of law.
5. Right to maternity leave
6. Right to retirement pay
o What is the general principle?
retiree.
Is the period of work where an officer is paid on a per diem
basis, and not on fixed salary, creditable for purposes of
retirement?
83
Yes.
X worked at a certain position in public office. When the
performance of duty
No.
Right to be indemnified against liabilities they may incur in
effect?
public service.
When is totalization of service credits allowed (that is, to
election
Where the law fixing the term is ambiguous the one
7. Other rights
portion of such
Where only the duration is fixed then the term will be
served in full, and not the balance
84
Still de jure
What if the law fixes a specific date for the end of
(GSIS charter)
If there is a special retirement law fixing optional
age limit
See above discussion on the principles of retirement and what
impliedly
What is the relevant RPC provision?
An officer who abandons his position prior to
acceptance of the resignation is criminally
retirement pay)
3. Resignation
o What is this?
Act of giving up the office and renunciation of further
valid, therefore
But in Collantes v. CA the courtesy
resignation was treated just like any other
the term?
No hold-over is allowed
2. Reaching the Age Limit
o What is the compulsory retirement age?
liable
What if the officer is mandated by law to holdover?
right to it
And the acceptance of the competent and lawful
authority
85
Rank
Congress
Respective house
President
Governor
municipality or CC
Sanggunian member
Barangay officials
Sanggunian concerned
City or municipal mayor
amended by RA 9244
How is it initiated?
Petition by at least 25% of the registered voters in the
LGU based on the election under which the official
was elected (if not more than 20K voters; 20% if 20K75K; 15% if 75k-300k [but never less than 15k]; 10% if
receipt thereof
What if the law is silent as to who should accept the
resignation?
If the public officer is appointive, then to the
appointing authority
If elective, then to the officers authorized by law to call
office
What is the notice requirement?
Posting in a public and conspicuous place for
and signatures
What happens after?
The COMELEC announces acceptance of
candidates to the position, and it shall
4. Recall
o What is this?
Termination of an elective official for loss of
representative)
2. In the presence of the representative of
the petitioner and representative of the
belongs to
Who can initiate recall?
86
o
o
Eligibility
9. Misconduct
What is misconduct?
o Unlawful behavior and gross
service
3. Falsification of official documents
4. Habitual drunkenness
5. Inefficiency and incompetence in performance of
official duties
6. Wilful refusal to pay just debts or taxes due
7. Oppression or Grave Misconduct
negligence
Not a mere error in judgment, but a
wrongful intention
Ex. Concealment in Personal Data
conviction
10. Disgraceful and immoral conduct
11. Neglect of duty
12. Physical or mental incapacity due to immoral or
vicious habits
13. Conviction of crime of moral turpitude
14. Notoriously undesirable
15. Gambling
What is the general principle for removal?
It can only be for just cause and following procedure
What if there is removal not for just cause or noncompliance with procedure?
What is dishonesty?
o Concealment or distortion of truth in
cause
87
Same.
X is a public school teacher for Grade 6, and was
transferred to Grade 4. Is there violation of security of
tenure?
Yes.
Exception?
jurisdiction?
administrators.
What are the two grounds in the Admin Code of 1987 to
1. Unsatisfactory conduct
2. Want of capacity
X filed an affidavit of complaint against Y, a public official.
city, or municipality
When is the decision final?
88
is exonerated
What are the grounds for preventive suspension?
1. Dishonesty
without hearing.
When is the preventive suspension lifted?
2)?
penalties.
NOTE: if the pardon was based on the ground that the
person did not really commit the offense, he is entitled
in effect?
by CSC v. Dacoycoy.
Is summary dismissal (Sec. 40 of CSL) for cases where the
guilt is strong, recidivism, or notorious undesirability still
preventively suspend.
NO.
43
YES. Before the rule was no, but this was overturned
15 days
What are the grounds for a petition for reconsideration?
89
abandonment.
Is delay in qualifying for office abandonment?
pay
What does the CSL Omnibus Rules provide?
government offices?
due notice
7. Acceptance of incompatible office
o What is the test of incompatibility of offices?
Raison detre?
10. Impeachment
o See Constitutional Law I discussion
11. Death
12. Failure to assume office
o N.B. this is the 6 month rule stated above: failure to qualify and
by Congress
2. No law shall be passed reorganizing the
disqualification
What is the nature of a plenary pardon?
uncertainty
Does an administrative proceeding or MR
suspend this period?
1. In good faith
90
Farinas)
What is transfer?
Yes.
When is employee consent required?
laws?
Yes
Can the CSC terminate employment or drop members from
rolls?
charters
Does the NLRC or RTC have jurisdiction over cases involving these
employees/officers?
o No. The CSC has exclusive jurisdiction.
What are the other personnel actions?
o 1. Promotion
91
What is reinstatement?
What is this?
diminution of status/rank
Note distinguish if the reassignment is actually a
reinstatement?
No.
But what if a person was pardoned because he
in a list.
This list is from whence reemployment can
be taken from.
What is the right of those separated from position
due to the 1986 reorganization or those who
tendered their resignations pursuant thereto?
benefits
duration.
The lack of specific duration is tantamount to
a floating assignment, and is thus a
No.
What is the limitation?
4. Detail
92
ADMINISTRATIVE LAW
General Principles
Ex. MWSS
4. Where the government is regulating businesses affected by
public interest
Ex. LTFRB
5. Where the government regulates private businesses and
Ex. SEC
6. Where the government is adjusting individual controversies
Ex. ECC
o 7. Where the government is a private party
Ex. GSIS
What is the nature of the MMDA?
o It lays down policies and coordinates with various agencies,
organizations, and private sector. It may enforce, but not enact
adjudication
How do you determine if they are administrative bodies?
ordinances.
It does not exercise police power, just administrative power.
Quasi-legislative
government business
Ex. BIR
3. Where the government is performing business service for
delegation of powers
AO 308 issued by the President imposes a national
computerized ID system. Can the President claim to have
public
93
order.
What is the effect of rules set out by the administrative
bodies?
of law
Can the administrative body determine w/n it should
implement a law?
Detail-fixing
Must be published
o 2. Interpretative legislation
o 6. Penal
See below
What are the requisites for validity of these issuances?
o 1. Under authority of law
o 2. Within scope and purview of law
of law
4. Procedural
Must be published
5. Internal
depends
Must be expressly granted
Must be published
94
case.
Does a writ of prohibition apply to exercise of QL functions?
o No. Since the party must be exercising judicial, quasi-judicial,
the exercise of QJ functions.
Determinative powers
1. Procedural rules
1. Enabling
o Permit or allow something which the law regulates
o Ex. Licenses for business
2. Directing
o Ex. Assessment by BIR or BOC
3. Dispensing
o To exempt from general prohibition or relieve an individual or
corporation from affirmative duty
o Ex. Zoning boards can vary zoning ordinances
4. Examining
o Investigatory power; requiring production of books, records,
o
o
etc.
Includes attendance of witnesses and having them testify
Can administrative bodies compel attendance of
witnesses, by default?
and hearing
Quasi-judicial if they apply exclusively to a particular party
95
found
What is the concept of jurisdiction in QJ proceedings?
o Two elements
Over person
o 1. If without J, the acts are void and open to collateral attack
o 2. Admin bodies have limited J, so the validity is entirely
jurisdiction
The admin bodys determination as to its own
substantive rights.
What is admin due process (review of BOR Ang Tibay)?
o 1. Right to hearing
o 2. Tribunal must consider evidence presented
o 3. Decision has basis
o 4. Substantial evidence
o 5. Decision based on evidence adduced at the hearing or
o
views of subordinate
7. Decision rendered in manner where parties know the issues
an opportunity to be heard.
It can be through an MR too, because there, a party
duties and apply the law as they construe it, to the grounds so
Quasi-judicial
control)
If the admin agency acts as a collegiate body powers cannot
be exercised by one officer alone
96
No need.
When are actual adversarial proceedings in termination
admin proceedings?
o Respondent can refuse to take witness stand if the penalty
involves a penal-like sanction.
testimonies
But the party must ask for it because its not an
forfeiture is known?
o Yes. Mere posting is not enough.
Is there right to counsel?
o Not necessarily.
When is notice and hearing not required?
o [temporary actions]
o 1. Granting provisional authority for increased rates
o 2. Preventive suspension of public officer/employee
o 3. Padlocking of filthy restaurants or theatres showing obscene
o
o
o
o
o
o
o
taxpayers property
5. Summary abatement of nuisance
6. Cancellation of passport for criminal prosecution
7. Replacement of a temporary or acting appointee
[equity]
8. Urgency of immediate action
practice medicine.
What if he ends up taking the witness stand voluntarily?
admin cases
Is there right to notice where the owner of a property subject to
under RA 3019.
Ex. Medical practitioner may lose his privilege to
which is charged.
Who has the power to punish for contempt?
o When the admin body is engaged in performance of QJ powers
When can there be right of appeal?
o Where provided by law.
o Can the appellate admin agency conduct additional
hearings?
Yes, if necessary.
What is the implication of the Presidents power of
control?
97
hearing
2. There was active participation of the Solicitor
General
can review it
2. Primary jurisdiction
recourse
4, Ripeness for review
1. DOJ Sec. CA
98
3. COA/COMELEC SC
45
What are the exceptions to finality of admin action (meaning,
distribution of power.
What can the court do in such a case?
questions.
Even when the case is already pending with the SC, if there
admin body
2. Dismiss the case without prejudice if the parties
waive it.
The rule is not for the convenience of the parties, but for proper
cause of action.
It is a ground for motion to dismiss.
What are the reasons for exhaustion?
errors of subordinates
2. Separation of powers
3. To not saddle dockets with admin cases
4. Usually, the remedy is an SCA which requires no
remedies
What are the exceptions to exhaustion of admin remedies?
o [where there is already a reviewable act]
o 1. Doctrine of qualified political agency
99
public interest)
o
o
o
o
o
o
o
o
o
of facts
(Rule 45)
3. Law does not make exhaustion a condition precedent
4. Admin action is patently illegal/GADALE8
5. When there is denial of due process
claim
[based on subject matter]
12. Land cases, where the subject matter is private land
o
o
o
o
o
o
o
o
o
be overturned))
o [abuse]
o 1. GADALEJ
o 2. Prejudice to rights of party because findings violated
100
ELECTION LAW
General Principles
vote?
allegiance
3. Resided in the place where they intend to vote at least six
abroad
N.B. this replaces the residence
4) voluntary
For dual citizens, what act must they perform to
Filipinos abroad
What is the meaning of residence here?
voting
What are the two types of absentee voting?
occupation?
101
4. Not disqualified
security
o When is the right reacquired?
of service
3. Insane or incompetent persons declared
Challenge of registration
Election Officers
o 2. Most senior public school official
o 3. LCR or city/municipal treasurer
Differentiate challenge of registration from inclusion/exclusion and
remedies
by competent authority
o 5. Philippine citizen
What cannot be imposed as requirement for suffrage?
o Literacy, property, substantive requirement
of consanguinity or affinity
What is the composition of Election Registration Boards?
o 1. Election Officer (chairman)
Registration
1. Illiterate person
2. Disabled person
Not qualified
Fictitious
o 2. Under oath, attached the application
o 3. Proof of notice of hearing to the challenger and applicant
What is the time table of challenges?
o Before second Monday of the month Oppositions
o Third Monday of the month hearing
o Before end of the month decision
Whose registration can be deactivated by the ERB?
o See above disqualifications #1-3 (imprisonment of at least
o
102
Officer
o N.B. this must also respect the registration ban period (120/90)
When must the voters list be posted?
o 90 days before regular election, 60 days before special election
o Posted alongside deactivated voters list
o Where posted?
Office of the Election Officer
Bulletin board of the municipal or city hall
non-existence
Time tables?
o Heard and decided within 10 days after filing
o ALL cases, decision must come out not later than 15 days
before the election
election
o Decided within 15 days of filing
o N.B. 105/75 the registration ban minus 15 days
What is the period to file petition for exclusion?
o Anytime except 100 days prior to regular elections or 65 days
103
Table of periods
Election
Rego
Rego
Incl.
Incl.
Excl.
Excl.
period
ban
ban
ban
ban
ban
ban
(regular)
(special)
(reg)
(sp)
(reg)
(sp)
120
days
105
days
100
days
90 days
Last day
to
release
decision
on book
75 days
65 days
Electio
n day
30 days
after
Political parties
Candidates/certificate of candidacy
104
From the start (proclamation and oath) of his term, until the end
of the term
What are the grounds for substitution of candidate?
o 1. Death
o 2. Withdrawal
nomination
Exception?
surname.
Up until can there be substitution?
Summary
Disqualifications:
substitute is replacing.
What is the general rule?
can be substituted.
Who are independent candidates?
unregistered PPs
Even if member, not validly nominated by PP
Insane or feeble-minded
Sentenced by FJ for offense
serving sentence
105
foreign country
Election offenses (vote buying, acts
foreign country
Dual citizenship (actually, dual
allegiance)
of COC is enough.
campaign)
For repatriated persons, filing of
N.B. if other election offenses not
Material misrepresentation
No valid certificate of candidacy
administrative case
spouse
2. Candidate is actually qualified even if the COC
he is qualified
Who is a candidate?
o 1. Filed COC
o 2. Is seeking public office
o 3. Campaign period has started
candidate
How must a COC be filed?
o Personally or through representative. Cannot be by mail or fax.
What is the effect of a formal defect in the COC?
contests, etc.
106
obligatory.
Should the votes casted in favor of the
disqualified candidate be rendered null and void?
withdrawal of withdrawal)
What is the effect of filing two COCs for different offices?
Where filed
When filed
remedy, if
primary remedy
not availed of
ordered by COMELEC.
What is the scope of powers of the COMELEC as to filing of COC?
o It is ministerial. Can only deny upon matters appearing upon
the face of the COC. See exceptions below
When can the COMELEC go beyond the face of the COC?
o 1. Nuisance candidates
o 2. Material misrepresentation
o 3. DQ under BP 881
Lacking
COMELEC
Before
qualifications or
division
proclamation
with DQ
Election offenses
COMELEC
Before
Election protest or
division
proclamation
charge with
election offense
None
Nuisance
COMELEC
Within 5 days of
candidate
division
Material
COMELEC
COC
Within 25 days
misrepresentatio
division
Secondary
motu propio;
must be from
never be
107
Quo warranto
None
COC (ex. Lucy Torres has a Bench billboard and she ran
petition
for Congress)?
campaigning.
What is the limit on expenses?
o P and VP P10 per voter
o Other candidates P3 per voter
connection therewith
What justifies the COMELECs power to determine prohibited
been filed
2. Administrative offense involving fines and perpetual
filing COC?
election propaganda?
o Police power, to avoid perversion of electoral apparatus
o Does this apply to plebiscites?
and expenses
candidates
What happens to print advertisements, media campaigns,
collections
What are prohibited means of raising funds?
o Cinema or theatre performances, boxing, beauty contests,
dances
108
o
o
allocations by government
7. Persons who have been granted loans of more than 100K by
from notice
3. Print, publish, or broadcast election propaganda donated to
o
o
o
o
o
o
Chair
Vice
Member
biography of candidate
What about media personalities?
Provincial BOC
City BOC
Municipal BOC
Provincial election
City election
Election registrar
supervisor or
supervisor or
or COMELEC
COMELEC regional
COMELEC
representative
office lawyer
Provincial fiscal
lawyer
City fiscal
Municipal
Provincial
City
treasurer
Most senior
superintendent of
superintendent
district school
schools
of schools
supervisor (or
school principal,
109
Substitut
1. Provincial auditor
1. City auditor
if absent)
1. Municipal
2. Registrar of deeds
2. Registrar of
administrator
members
3. Clerk of court
deeds
2. Municipal
, in order
nominated by executive
3. Clerk of court
assessor
judge
nominated by
3. Clerk of court
4. Other available
executive judge
nominated by
appointive provincial
4. Other
executive judge
officer
available
4. Other available
appointive city
appointive
officer
municipal officer
transmitted to Congress
2. Each certificate contains the names of all
No.
What is the nature of proceedings?
o Administrative and summary in nature
o What vote is needed to render a decision?
result of election?
such room
Can the COMELEC order annulment of certificates of
canvass by only examining copies of the return of the
municipal judge and COMELEC, and not the Municipal
issue
Who can be there and who cannot?
Congressional Committee?
Yes.
What if Congress had adjourned its regular session?
special session
110
Board of Canvassers?
contemplated here?
No.
Is an incomplete canvass of votes valid?
None.
Before elections
What if the one who filed the COC and was denied due course filed
an MR?
o The COMELEC decision is not yet final. He can still be voted
ETs.
Where
Initiation
Common
COMELEC en banc
Petition or motu propio
Force majeure, violence,
COMELEC en banc
Petition only
Force majeure, violence,
grounds
Unique
grounds
Condition
election paraphernalia
Serious and impossible to
results of election
Postponement of
Failure of elections
elections
someone a nuisance
What are the grounds?
o 1. COC filed to put election in mockery or disrepute
o 2. Causes confusion among voters due to similarity of names
111
elections
When
voting
Pre-proclamation controversy
of the grounds for pre-proclamation cases have been rendered moot. The
o
o
At this point, it must be noted that with the automated election system, most
two usual grounds are (1) questioning proceedings and composition of BOC,
Objections allowed
During voting
1. Proceedings and
Rules on appreciation of
and couting
composition of Board of
ballots
Inspectors
elections?
o For pre-proclamation cases: COMELEC is restricted to
2. Voters related
During
4. Marked ballots
1. Proceedings and
election returns?
canvassing
composition of Board of
112
1. Material defects,
material errors under
automated system
2. Rules of appreciation,
COMELEC
What issues may be raised (GROUNDS FOR PPC for non-national
positions)?
o 1. Illegal composition or proceedings before the Board of
violence, voting
2. Poll watchers related
procedure, eligibility of
Canvassers
voters
3. Data storage delayed,
destroyed, falsified
authentic copies
Or terminate canvass if the missing returns
in the minutes
2. Questions affecting the composition or proceedings
EXCLUDE, if correctable
C. ERs are tampered, falsified, altered after these left
the hands of BEI, not authentic, prepared under
duress, force, intimidation, etc.
of the Board
113
the election
canvass
Exception to this?
candidates
Where do you raise a pre-proclamation question?
o 1. If it involves contested composition/proceedings of the Board
o
obviously manufactured
To the COMELEC
2. For the contested ERs (the four under #2 above) To the
pre-proclamation controversy
Usually, in cases what has been held as not a proper subject to
within 7 days
How do dispute contested ERs?
o Two objection rule
Position elected
Original jurisdiction
Appellate jurisdiction
President, VP
Senator
Congressman
Regional, provincial, or
SC as PET
SET
HRET
COMELEC
SC, rule 65
SC, rule 65
SC, rule 65
SC, rule 65
city official
Municipal official
RTC
COMELEC (5 day
period, MR does not
Barangay official
MTC
114
What are the exceptions to the rule that when the ET obtains
jurisdiction, it precludes the COMELEC from exercising powers
over PPC?
o [Grounds where there was no valid proclamation]
o 1. BOC was improperly constituted
o 2. Proclamation was null and void
o [Wrong remedy]
o 3. Quo warranto is not the proper remedy
o 4. What was filed was a petition to annul a proclamation, and
Election Protest
PPC
A counter-protest must also comply with the
Election protests?
reglementary period
3. On grounds of: 1) election fraud/terrorism, and 2)
o
o
EP.
What is the effect of a successful election protest?
o Not only is the proclaimed winner unseated, but the challenger
is installed into the office (but sometimes, even a non
115
Quo Warranto
Election offenses
votes)
What is the rule for an appointive office?
a) Ineligibility
campaign period.
What are some of the prohibited acts?
o 1. Vote-buying or vote-selling
o 2. Wagering upon result of the election
o 3. Threats, intimidation, terrorism, use of fraudulent devise,
o
116
forms of coercion
4. Appointment of new employee
What is required?
COMELEC approval
period
2. Transfer or detail made without prior
approval of COMELEC
o
o
candidate
9. Using threat, intimidation, terrorism, fraudulent, devises
10. Soliciting votes or electioneering during registration day
COMELEC
2. Courts also give preference to disposition of election cases
executory
What is the rule on preferential disposition?
o 1. Investigation and prosecution given priority by the
o
radius?
register or to vote
What is the prescriptive period for election offenses?
o 5 years from date of commission
o What if the offense is discovered during an election
special election
12. PP holds political conventions or meetings to nominate
cancelled
14. Misleading BEI by submitting false or spurious COC to
detriment of a candidate
15. Receiving COC out of allowed time and making it appear it
117
o
o
o
unauthorized printing
2. Tampering, increasing, decreasing votes received by
o
o
LOCAL GOVERNMENT
recall elections
What is the supervisory power of the President?
o 1. General supervision over all LGUs
Constitutional provisions
resolutions
Recall juridical entities may also initiate recall elections
under the LGC. It is not an exclusive prerogative for the people
government authority
What is given to autonomous regions?
Political autonomy
Congress can change government structure; except what is
Administrative autonomy/decentralization of
o
o
Provinces
Autonomous regions
Independent cities
3. Provinces exercise direct supervision over:
Component cities
Municipalities
4. Cities and municipalities exercise direct supervision over:
Barangays
Can the Secretary of Justice pass judgment over
constitutionality of local tax measures?
118
projects
President can make adjustments in IRA upon
recommendation of:
1. DOF Secretary
2. DILG Secretary
3. DBM Secretary
Is the IRA included in considering whether an LGU has
governments
Council of MMDA consists of mayors, although some
members are department secretaries, they do not
Yes.
city
League of Cities v. COMELEC: Cityhood Laws
were first deemed violative of EPC, because 16
municipalities were allowed to convert into cities in
spite not meeting the requisite income requirement.
ABS-CBN pays income tax and franchise tax. But whether this
Allotment):
o But national government has no share in local taxes
o Share is national taxes is automatically and fully released
o Cannot place conditions or provide that release is gradual
o What is required in appropriation of its annual IRA?
119
production-sharing agreement
In sum, what are the sources of income of an LGU?
o 1. Local taxes, fees, charges
o 2. IRA
o 3. Share in proceeds of utilization of local natural resources
o 4. Other sources of revenue in its public or proprietary capacity
What is the term of elective local officials?
o No elective official shall serve for more than 3 consecutive
terms
TWO requisites:
1. Voluntary renunciation
2. Suspension
X served 3 terms fully then ran in recall election. The
laws controversy)
2. By act of congress
3. And subject to approval by majority of votes in plebiscite in
interruption?
territory
X, a municipal councillor was by operation of law elevated
to vice-mayor. Was there interruption?
subject to plebiscite
MMDA is not a local government entity. Thus it has
As determined by law
o 2. Independent component cities
provincial elections
3. Component cities
legislation
What are regional development councils?
boundary:
o 1. Must be according to criteria in LGC
120
Composed of:
1. LG officials
1. Administrative decentralization
national government
What powers remain with national government?
o 1. National defense and security remains with national
government
o 2. Foreign relations
o 3. Monetary affairs
Pandi v. CA: Ordinary statute cannot amend an organic act. It must be
by plebiscite.
Sema v. COMELEC: Only Congress can create provinces and cities,
Public corporations
must be a voting
o Those who voted against may still join in the future, but there
Autonomous regions
121
undertaken?
o It must be direct, through quo warranto or any other direct
can do.
What are the rules for creation/conversion?
o See discussion above (re: plebiscite, etc.)
Income
Population
Land area
Barangay
Barangay (in
N/A
N/A
2k
5k
N/A
N/A
MM or HUC)
Municipality
City
2.5 M
100 M (amended
25k
15k
50 sq. km
100 sq. km
HUC
Province
by RA 9009)
50 M
20 M
200k
250k
N/A
2000 sq. km
proceeding
What if the challenge was raised too late (ex. 30 years, 16
years)?
estoppel
Powers of LGUs
above
When can there be abolition?
o When the income, population, or land has been reduced to an
What is devolution?
o Transfer of power from National government agencies to local
government, to perform specific functions and responsibilities
irreversible extent.
o Must provide which LGU it will be incorporated with.
When is the beginning of its corporate existence?
o Upon election and qualification of chief executive and majority
of sangguinian members
o Unless provided otherwise by the law/ordinance making it
Requisites for a de facto municipal corporation?
o 1. Valid law authorizing incorporation
government.
o Covers people, assets, services, regulatory powers
o Political decentralization
What is de-concentration/decentralization?
o Transfer of powers from National Government Agencies to their
respective regional offices
122
Franchising tricycles
Regulating cockfighting
o
o
GWC?
Power to zone
government or expropriated
What about public works and infrastructures funded by the
national government?
o Not covered by Sec. 17, except when the LGU is tasked to
implement such projects
123
contrary to law, PP
3. Collection must not be let to any private person
4. Revenue must solely inure to the benefit of the LGU, unless
Congress can limit this power of LGCs, but cannot take away
Eminent Domain
ordinance
2. For public use/purpose/welfare, for benefit of poor or
landless
3. Only after a valid and definite offer is made to and not
15%
10%
municipalities
4th to 6th municipalities
5%
Reclassification of lands
Done by a city or municipality through ordinance passed after
reclassification?
o Failure to act on a proper and complete application within 3
expropriation:
o Local 1) file complaint, 2) deposit amount equivalent to 15%
o
to be reclassified
124
National road
Public plaza
governments?
o 1. Within 3 days of approval, the secretary forwards the
relocated elsewhere
Includes parks, markets, etc.
Legislative power
panlalawigan.
2. It has 30 days to disapprove it, if it is beyond the power
o
o
system here too, between the local chief executive and the members of
province.
sanggunian Barangay
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in the LGU
4. After period, the COMELEC certifies whether the required
barangays
2. If the body takes no action within 30 days, then the people
can give notice to the body that they are invoking their power of
initiative
3. Proponents attempt to get required number of signatures:
(absolute prohibition)
2. Can only repeal, modify, or amend it within 3 years by a vote
of 3/4 of all its members (stricter repeal in certain period)
concerned
If any time before the initiative is held, the local body adopts
therein
Barangay: at least 10% of registered voters
Where is it signed?
first 6 months
What is the procedure for local referendum?
o Any local body can submit to the registered voters the question
o
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Corporate Powers
1. Continuous succession
2. To sue and be sued
o Who can sue?
Sanggunian
Except when City Councillors bring action to prevent
be legal.
What is the rule on procurement of supplies?
o
o
concurrence
C. Contract complies with certain substantive
requirements:
funds
Municipal liability
is found.
127
Ordinarily, no.
contract.
Illustrate:
The LGU cannot set up the plea that the contract was
ultra vires and still retain benefits under it.
Local Officials
employees?
Yes.
When is a local official personally liable?
o When they act in a malicious and wanton manner and injure
individuals rather than discharge a public function
Can an LGU be held liable for violation of law?
128
o
o
o
is required
5. Cant possess or use public property for private purposes
6. Prohibitions in RA 6713:
appointive officials?
o Governors, mayors (whether city or municipality) cannot
Upon proclamation
functions of office
2. Lame duck provision applies
Elective officials
compensation from it
What are the two prohibitions re: appointment applicable to
elective and appointive officials?
o 1. Cannot be appointed or designated in any public office
government
For doctors of medicine
o
o
election
4. Can read and write Filipino or local language
5. On election day, must be at least:
23 years old
21 years old
18 years old
15 years old
Governor
Mayor of ICC
City sanggunian
Sangguniang
(non-HUC)
Kabataan
(until 21 years
old)
129
Vice Governor
Vice Mayor of
Municipality
Provincial
ICC
Mayor of CC
sanggunian
Punong
sanggunian
Mayor of HUC
Vice Mayor of CC
Barangay
Barangay
Vice Mayor of
Mayor of
HUC
City sanggunian
municipalities
Vice Mayor of
of HUC
municipalities
Mayor
Vice Governor or Vice Mayor
sanggunian
Vice Mayor
Highest ranking sanggunian
Barangay captain
Sanggunian member in province,
HUC, or ICC
Sanggunian member in CC or
Appointed by Governor
municipality
Sanggunian member in barangay
SK member
What are the two rules that must be complied with for appointed
replacements?
o 1. There must be recommendation by the sanggunian
o
o
o
section)
5. Permanent residents in foreign country with desire to
Rank
Governor
Mayor
Barangay Captain
Vice Governor
Vice Mayor
Highest ranking sanggunian member
or abroad
Replacement
Governor
Vice Governor
concerned
2. The replacement must be from the same political party of the
130
o
o
o
o
1. Disloyalty to RP
2. Application for or acquisition of foreign citizenship or
working days
What is the rule for travel within the country but outside
o
o
o
residence/status as immigrant
3. Culpable violation of Constitution
[violating acts]
4. Dishonesty, oppression, misconduct in office, gross
Rank
President
Governor
municipality
Sanggunian member
Barangay official
Sanggunian concerned
City or municipal mayor
criminal action
5. Commission of any offense involving moral turpitude or
to supervise LGUs
The Constitution gives Congress power to
131
Generally, no
(AO 18)
3. Elective barangay officials Sanggunian panlungsod or
of his term
appealed
Where is appeal made?
of condonation)
What if there is a decision already but an MR was filed?
evidence or records
Who can suspend?
grave misconduct
2. There is reason to believe he is guilty of
up to 6 months
Who may remove an elected LG official from office?
office
What is disciplinary jurisdiction over acts of appointive officials?
o Local Chief Executive may impose penalty of:
Demotion of rank
Reprimand
132
component city
Sanggunian
o
o
Panlalawigan and
Sanggunian
HUC
days
What if the penalty is heavier?
HUC
Sanggunian
panlungsod of both
Municipality
Recall
(Kananga v. Madrona)
First disputant
Second disputant
Where referred to
Barangay
Sanggunian
of municipality
panglungsod or
Municipality
Municipality in same
pangbayan
Sanggunian
Municipality or
province
Municipality or
panlalawigan
Jointly referred to
component city
component city in
respective Sanggunian
different province
panlalawigans of both
HUC
provinces
Jointly referred to
Sanggunian
Municipality or
cities
RTC of the province
province
panlungsod
Jointly referred to
according to law.
o N.B. it cannot alter boundaries must base decision on law
How long does the sanggunian have to decide the case?
o 60 days from referral try to arrive at amicable settlement
o If it cannot, it issues certification to this effect, and decides
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energy
ecological needs.
Can public land become private land?
o Yes. But only agricultural land can become private land, when
o
privileges?
o They yield to police power. They are not contracts under the
Regalian doctrine
co-contracting parties
Basic principle: always under full control and supervision of
the State
May the State enter into service contracts with foreign
owned corporations?
134
more years
What is the limit on water rights, water supply, fisheries, and
purpose
2. Forest or timber
3. Mineral
4. National parks
What determines classification?
Filipino.
What is the rule on aliens?
o 1. Aliens are excluded from acquiring private land.
or grant)
Who classifies land into agricultural, mineral, etc.?
o The President. It is an executive power.
Classification of lands
it to the President.
Except that once the Congress has set the limits on forest
lands and national parks, the limits may be changed only by
Congress as well, not by the President.
135
Private lands
IPRA
o Declared as constitutional by the SC
o Because the voting was 7-7 err in favor of constitutionality
Use of property bears social function: must be for common good
concurrence.
How does land of public domain become private land?
o 1. Acquired from government by purchase or grant
o 2. Uninterrupted possession by occupant and his
public domain
3. Open, exclusive, undisputed possession of alienable public
of private land
hereby prohibited.
(derivative title)
3. Foreign states, but embassy and staff residence only
of public domain
o An alien gave money to his Filipino wife to purchase land, with
136
land?
o No adverse effect; he can still hold the land
Aliens cannot acquire private land, in general. What rights can
aliens?
o 1. Escheat proceedings
o 2. Action for reversion under Public Land Act
foreclosure)
What are remedies to recover private lands from disqualified
they have?
o 1. Usufruct or lease
o 2. Mortgagee (but cannot acquire possession or bid in
corporations?
o Yes, to the extent of their participation in the ownership
o So maximum is 40% participation
o What is the absolute prohibition?
recommendation
In the grant of rights, privileges, concessions covering national
patrimony: State gives preferential right to qualified Filipinos
137
citizens
Can the Congress delegate power to grant franchises?
maximum
Exploitation of natural resources
Filipino citizens
Mass media
Advertising
Educational institution
Congress
If for instance, Aquino declares State of Emergency due to flood.
requirement)
compensation
State shall regulate or prohibit monopolies when public interest requires.
o So in general, monopolies are NOT prohibited. But they may
National emergency
o When public interest requires, under reasonable terms, the
1. Unfair competition
2. Restraint of trade
Avon v. Luna: Exclusivity contracts per se are not void. They
must be viewed vis--vis all circumstances surrounding the
138
Social Justice
corporation?
o Yes, but only to matters affecting the workers and their welfare.
o But not for example, with respect to how the business must be
run.
Agrarian reform
o What are the aims of agrarian reform?
1. Efficient production
Regular (tenants)
Others (seasonal)
demolition
Maglakas v. NHA: NHA has authority to order relocation of persons and
demolition of their property as part of its mandate to improve blighted
139
areas.
Peoples organizations:
o
o
and these will not be considered counterfeit under the Cheaper Meds
Act.
Human rights
Commission on Human Rights (CHR)
NBC
Members of Bar
Provision on budget?
o Automatically and regularly released
truth in an HR issue
What can the CHR not do?
o 1. Prosecute the cases by itself
o 2. Issue TROs or injunctions against HR violators. Regular
courts must issue these
Hodgepodge of powers:
o 1. Visit, research, monitor government compliance;
o 2. Recommend to Congress, request assistance from branch
or institution of government;
o 3. Appoint officers and employees,
o 4. Other functions and duties
What is its jurisdiction?
o Only over human rights, not economic rights
o This can be expanded by law
civilians, or rebels
2. Violations of civil or political rights
o Not social rights
o Not situations where no rights are
squat)
N.B. Cannot adjudicate cases involving HR violations
140
disciplinary reasons
Acts committed outside the school may be ground for
school-sponsored activities
2. Misconduct affects the students status, or the good
1. Elementary
2. HS
All educational institutions must include study of Constitution in its
dependents
authorities
4. No additional cost to government (else it would violate non-
establishment)
Filipinization:
o Educational schools must be owned solely by citizens of
Dean
boards
Control and administration vested in Philippine citizens
141
exempt.
What about proprietary schools?
o They are exempted under Article 6, but only for buildings. May
be granted exemption by statutes
Academic freedom
o Enjoyed by institutions
o What does this freedom mean?
o
o
about it
o What are the limitations?
biggest slice of the pie. It just must be considered and given priority.
Freedom of expression is not absolute within school grounds. So one
Concepts
of conflict
N.B. Spanish and Arabic on voluntary optional basis
Transitory Provisions
Sec. 3 important
o All existing laws, EOs, proclamations, etc. not inconsistent with
o
implemented here.
Only Americans are allowed, under this provision. Its not in
the text, but that is the intent of the Constitution.
derogation is allowed
Ex aequo et bono:
o Decide according to equity
142
Dualist:
o
o
Monist:
o
o
fundamental importance
Municipal law (when before domestic court):
Norwegian Fisheries)
A State joining the system after the practice has
law
Sources of PIL
opinio juris
What is the rule on dissenting States?
international law
If there conflict between law and treaty:
o
o
accepted as law
3. General principles of law recognized by civilized nations
4. Judicial decisions and teachings of most highly qualified
becomes effective
Treaties:
o Pacta sunt servanda obligation to honor agreement
1. State practice
A. Duration
143
persuasive
derecognized
Recognition of government:
o If ordinary constitutional procedure recognition of new
o
Differentiate:
o Subjects: entities endowed with rights and obligations and
o
1. Control government
1. Decolonization
2. Dismemberment
3. Secession
4. Annexation
5. Merger
o Territory: rights, capacities, duties of predecessor as to that
o
States
Subjects of PIL
personality to a State
144
receives
Public debts: remain with predecessor, except:
succeeded territory
Treaties:
o 1. Independence
o 2. Equality legal equality (one state, one vote)
o 3. Peaceful co-existence (non-interference, non-aggression)
State may not be sued without its consent (par in parem non habet
International organizations
document)
o Only states are members of IOs
IOs can bring forth claims against governments established by
necessary implication from Charter (Reparations case)
BUT powers are not unlimited
o Limited by constituent document
Immunities:
o To extent of exercise of functions
o Immunities come from constituent document (ex. IRRI and
Before, mere object; but now, can have individual criminal responsibility
o Under ICC:
1. Genocide,
2. CAH,
3. War crimes,
4. Aggression
Still rely on states for diplomatic protection, but now can petition to
international bodies in light of violations
ADB)
United Nations:
o Enjoined from intervening in matters essentially within
o
Chief administrator
Individuals
15 member states
Diplomats
properly
Actions that give or remove authority to send/accept envoys:
o 1. Agrement (not agreement ha): official approval by a
Charter prevails
General Assembly:
charter
Important questions decided by 2/3rds majority
145
execution, taxes
Archives and documents, official correspondence,
o
o
territory
Consuls
SS of sending State
5. Agent exempt from all taxes, except:
Official articles
Must be express
146
without delay
4. Immune from arrest or detention
EXCEPT:
of judicial/admin proceedings
Cannot decline to give evidence; but if they decline,
1. Signature
2. Exchange of instruments
Treaties
Elements of treaty:
o 1. International agreement between States
o 2. Written
o 3. Governed by PIL
o 4. Single instrument/two or more related instruments
No particular form prescribed, so the following are treaties too:
o Exchange of notes between heads of State (Qatar v Bahrain)
o Unilateral declaration concerning legal or factual situations
o
o
full powers:
negotiation)
What are reservations?
o Unilateral statement made by State excluding or modifying
accession
What the RP follows: ratification
What is the obligation between the time when the
1. Prohibited by treaty
3. Representatives to IO or conference
2. Authentication of text
other States
2. Reservation defeats object and purpose of treaty:
consent of all parties required
147
parties to it
Modification is after treaty has come to effect, involving only
some of the parties and only if not disallowed by the treaty and
period of 12 months
When does the reservation take effect?
other parties
When treaties enter into force:
o 1. On date agreed upon
o 2. If none, when consent is given
o 3. Usually, multilateral treaties provide specific number of
PIL rules)
4. Special meaning given to terms
agreed upon
When are treaties invalid?
o 1. Error of fact
o 2. Fraud (induced)
o 3. Corruption of State representative
o 4. Coercion of State representative
o 5. Coercion by State through threat/force
o 6. Violates jus cogens
What is the difference between amendment and modification of
States have jurisdiction over its nationals, even those outside the State
o Ex. can tax citizens or subpoena them abroad
Nationality gained by:
o 1. Jus sanguinis
o 2. Jus soli
o 3. Naturalization
BUT there must be a reasonable connection or effective link between
the State and the national consent alone is not enough for him to be
treaty?
148
country of registration)
Stateless persons:
o De jure stateless lost their nationality and have not acquired
o
a new one
De facto stateless those with nationality but protection denied
protection
Neer Claim: This standard applies if the treatment of
What is IHRL?
o Inalienable and fundamental rights essential for life as human
o
another State
Principles of extradition:
o 1. No State is obliged to extradite unless in a treaty
o 2. Differences in legal system can be an obstacle in interpreting
o
o
o
discretionary.
o Recall: effective link doctrine
Two standards for protection of aliens:
o 1. National treatment/equality of treatment
Treatment of aliens
beings
The way nations treat people is no longer a domestic concern
149
sphere of nations
What is the nature of the UDHR?
o Not a law but a common standard (moral and political)
o Moral rules which are not self-executory
o Contra: covenant imposes specific duties and obligations,
party
No publicity of criminal proceedings where there is
guardianship of children
Anyone unlawfully arrested or detained must have
enforceable right to compensation and victim of
limited
5. Thought, conscience, religion, expression, political freedoms
o
o
rights of others
6. No war propaganda
7. Associations and unions
150
o
o
o
o
Commission?
o 1. Confidential consideration
Between States
Protocol I (AP I)
Distinguish:
o Jus ad bellum law governing use of force outside of armed
conflict
war)
What is IHL?
151
groups)?
Merely an indentation if it is NOT larger than the semicircle whose diameter is a line drawn across the
functions
2. Load/unload commodity contrary to customs, fiscal,
3. Fishing activities
4. Research/survey
What are internal waters?
o These are all waters landward from the baseline. There is no
domain
What is the extent of the territorial sea?
Straight baselines
passage remains
But the RP considers archipelagic waters as internal waters,
contrary to 1982 Convention on Law of the Sea
152
this right
What are the areas covered by the continental/archipelagic shelf?
o 1. Seabed and subsoil adjacent to coastal state but outside
territorial sea
o 2. Seabed and subsoil adjacent to islands
Rights over the shelf:
o 1. Explore and exploit natural resources
o 2. Erect installations
o 3. Erect safety zone
What about the deep seabed?
o It is beyond any national jurisdiction and cannot be
2. ICJ
appropriated
What is the rule on islands?
o It must be naturally formed (not artificial). Follow usual
o
All parts of the sea not included in the territorial sea or internal
provisions.
For rocks which cannot sustain human habitation or economic
jurisdiction.
153
154