CONSTITUTIONAL LAW REVIEW RECIT QUESTIONS (Atty.

Gabriel)
The Constitution of the Philippines
What is a constitution? Definition accdg. To cooley, justice Malcolm, marcos v.
manglapus and manila prince hotel v. GSIS
Marcos v. Manglapus defines it as a SOCIAL CONTRACT.
What is the principle of constitutional supremacy? The constitution is the basic and
paramount law to which all other laws must conform and to which all persons must
defer.
IMMUTABLE = can never be wrong.
What makes the constitution special? It was enacted through direct action of the
people.
Is the constitution the source of ALL RIGHTS? No. In the case of Oposa v. factoran,
there are rights that do not need constitutional enactment like the right to a
balanced and healthful ecology. The constitution is NOT a source of private rights but
of PERSONAL AND POLITICAL RIGHTS.
Kinds of constitution?
What is the difference between written and unwritten? Difference lies not to form but
on the SOURCE.
Purpose of a constitution?
Qualities of a good written constitution?
Can a constitution be both brief and broad? Yes, there are actually parts of the
constitution left vague like due process and equal protection so that it can adjust to
changes.
What if the constitution does not contain all the essential parts of a consti, is it still a
constitution? Yes, in the same way that a person remains to be a human being
despite loss of limbs.
Does the 1987 constitution contain nothing but essential parts? NO, example is
national territory.
Can congress amend the constitution? No, they can only PROPOSE amendments.
2 steps in revision/amendment
There are only 2 modes for revision (concon, conass) and 3 modes for amendment
(initiative, concon, conass)
Is it necessary to classify which mode is used? Yes, because the people CANNOT
REVISE but only amend.
Difference between amendment and revision?
Difference between constituent and legislative power?
The consti provision on the exercise of initiative by the people is NOT a grant but a
mere LIMITATION of said right.
Concept of the State
What is a state?
What are the elements of a state?
Must the people be citizens of the state?
Must the state have a land mass?
On territory, read Magallona case.
Baselines, different zones and what is exercised by the Phil in such zones (EEZ,
contiguous zone etc.)
What is a government?
What is government of the Phil?
Constituent v. Ministerial functions of the government.

When does a ministerial function become obligatory upon the state?

What are the different forms of government?
De jure v. de facto
Different kinds of de facto government.
What are the manifestations of a government of a paramount force?
Rules on political laws, municipal laws in cases of change in sovereignty and
belligerent occupation.
Doctrine of Auto-limitation
Are embassies not subject to our jurisdiction?

State Immunity
What is state immunity?
Without the consti provision on state immunity, can it exist? Yes, the consti provision
is a mere recognition of the same.
Sociological basis of state immunity?
3 instances of suit against the state?
Why is it called a ROYAL PREROGATIVE OF DISHONESTY? The state can belie
liability and defeat legitimate claims.
How may consent be given?
Difference between express general and express specific consent?
Act 3083 which waives state immunity is only applicable to COMMERCIAL
TRANSACTIONS.
Restrictive theory v. absolute theory (this is only applicable when a foreign state is
invoking immunity from suit)
When should the defense of state immunity be raised? At ANY STAGE.
Can the court determine on its own whether or not a state is immune from suit? Can
it take judicial notice of the same? Yes.
Declaration of Principles and State Policies
Sec. 13
What constitutional provision justifies mitigation or exemption from liability of
youthful offenders? Sec. 13 of Art. 2
Sec. 14
Can a group of husbands question the constitutionality of VAWC for being violative of
the equal protection clause of the constitution since it only applies to women?
Equality between the sexes allows classification so long as it is based on substantial
disctinctions (drilon case).
Sec. 16
Oposa v. Factoran right to a healthful ecology is not subordinate to the Bill of
Rights. It is a different class of rights that do not need express constitutional grant
because it is inherent in human beings for it pertains to self-preservation an selfperpetuation.
The fact that the right to health and balanced ecology is embodied in Art 2 and not in
Art 3 underscores its importance.
Sec. 17
Highest budgetary
MANDATORY.

allocation

to

education

is

merely

PERMISSIVE

and

not

Sec. 19
Not self-executing.
Is this a policy of mendicancy or isolationist? (Tanada v. Angara)
Sec. 20
Is this provision indicative of laissez faire policy? No.
Sec. 21
What is the policy of the state on agrarian reform?
Does the constitution allow distribution of stocks over lands? Yes, hacienda luisita
case.
Sec. 25
Basco v. PAGCOR
Two types of decentralization (administration and power).
What is the difference between the two? Decentralization of power creates an
imperium in imperio.
Pamatong v. COMELEC
Sec. 28
Does this require implementing legislation? No.
This is not an absolute right (public interest and must not be exempted under the
law).
Why is full public disclosure and right to information in SPLENDID SYMMETRY?
Because the right to information would be rendered meaningless of there is no
correlative duty under sec. 28.
Sec. 28 may exist even if no one exercises their right to information.
Regulation does not include the right to prohibit.
Is this rule on full public disclosure applicable only to consummated contracts/acts?
Yes, to avoid embarrassment of the parties like in the case of treaties.
Is GOCCs covered by the rule on full public disclosure? Yes.
Inherent Powers of the State

What are the three inherent powers of the state?

What are their similarities and differences?

Police Power
Not capable of an exact definition.
Law of overwhelming necessity.
Implied limitation of the Bill of Rights.
Most positive and active. Most efficient and illimitable.
The 2 legal principles as basis of police power are: (1) Salus populi est suprema lex
and (2) subordination of individual and private interests for the greater number.
Test of validity of the exercise of police power (lawful subject and lawful means
both must be complied with).
Can a commercial document be the lawful subject of police power? Yes, Lozano v.
Martinez.
How about choice of profession? Yes, DECS v. San Diego.
Inherent powers can co-exist, these are not mutually exclusive.

Example of eminent domain being used as an implement of police power.

Example of power of taxation being used as an implement of police power.
Can there be TAKING in the exercise of police power? YES, but for the purposes of
destruction in which no compensation has to be paid.

Eminent Domain
What is the power of eminent domain?
Difference between eminent domain and expropriation?
BASIS OF THE POWER: NECESSITY
Manner of delegation of this power may be GENERAL (justiciable) or SPECIFIC
(political question)
What properties may be taken? ONLY PRIVATE PROPERTY.
Take note of Rule 67, Sec. 1 of the Rules on Court.
Choses in action cannot be expropriated because it is merely speculative which had
not yet ripened into a right.
Can US dollars be expropriated? No, because it is legal tender (?)
Remember that services can be the subject of Eminent Domain.
Can you expropriate PAcquiaos services if, for example, he refuses to render his
services as a mascot to the government? No. If not, how can you reconcile this with
the PLDT case? PLDT case pertains to a PUBLIC UTILITY. PERSONAL SERVICES
cannot be expropriated.
Eminent domain does not mean that the owner is deprived of ownership or
possession, could only be a burden in which ownership/possession remains with the
owner PLDT case.
Elements of taking (Castelvi)
Concept of public use traditional and expanded concept. Public use now pertains
even to INDIRECT BENEFIT OR ADVANTAGE.
What is just compensation?
If there is total expropriation of the property, just compensation is fair market value
but you also have to consider other factors in determining the same like character of
the land, assessment, improvements, use, tax declarations. If partial only, JC = FMV
+ (Consequential benefits Consequential damages).
If the owner of a property is not paid just compensation, can he recover possession
of the property? No, despite the ruling of the court in Republic v. Lim. Remember
that in this case, there were peculiar circumstances attending it. Not only was there
delay for a period of 57 years in payment of just compensation but the property is
not anymore being used by the government (look into the case for the situation of
the property). Thus, there is not impediment to return the property to the heirs.
Why is there a need to authorize the local chief executive to exercise the power of
eminent domain? Because the power is not inherent, merely delegated.
Power

of Taxation
BASIS IS LIFEBLOOD THEORY
Taxes. Fees
We have a progressive system of taxation.
What do you mean by the power to tax includes the power to destroy?
The term public use in taxation does not have and is not given an expanded
definition unlike when the government exercises the power of eminent domain.
Public purpose in taxation always pertain to DIRECT AND EXCLUSIVE benefit to the
public.

Is there a prohibition against double taxation?

How about doubles taxation?
Required vote for tax exemption (absolute majority for the grant, withdrawal
requires relative majority).
Exemptions from tax under the constitution.
What if the property is privately-owned but was loaned for free for a charitable
purpose? Exempt. Exemption depends on use and not on who owns the property.
What does actual, direct, and exclusive mean?
Bill of Rights (The first person called for each provision will be required by Atty. Gabriel to
recite the said provision)
Due Process
Hearing does not mean an adversarial proceeding, can be done through papers.
Cases in which notice and hearing is dispensable? Abatement of nuisance per se,
conclusive presumptions etc.
Admin agencies are given the power to regulate fees, is notice and hearing required?
Depends if it is performing a quasi-judicial or quasi-legislative function. PHILCOMSAT
case.
Effects of violation of due process? Is substantive due process is violated the law
becomes null and void. If it is procedural due process that is violated, the proceeding
is void.
Elements of criminal due process?
Is prelim investigation essential in due process? Yes, conferred by statute.
Cardinal primary rights in admin proceedings (Ang Tibay v. CIR)
Is the void-for-vaguenss rule applicable in nullifying a penal statute? No, only in free
speech cases.
Equal Protection Clause
What is equal protection?
It does not mean that all laws must apply equally among all persons. It does not call
for universal application of the law.
When can we say that the applicable guarantee if equal protection, when due
process? EPC if act is discriminatory, due process if arbitrary.
Can we invoke EPC if law applies equally? Yes, Villegas case.
Is there a difference between a law that discriminates and a law that allows
discrimination?
NOT ALL CLASSIFICATIONS ARE ALLOWED, ONLY THOSE WHICH ARE REASONABLE.
Elements of reasonable classification?
What constitutes substantial distinction?
Can sex be a basis? Yes, Drilon case. Stage of civilization? Yes, Cayat case. Age? Yes,
dumlao case. Whether one is appointed or elected? Yes, Quinto case.
In EPC cases, an actual case or controversy is not necessary. The court can still rule
on the validity of the law even if this requisite is lacking because of the requirement
that for the law to be valid, it must apply not only to existing conditions but also to
future ones.
Underinclusiveness principle in Biraogo.
Himagan v. People
Searches and Seizures
Does the law prohibit
UNREASONABLE.

searches

and

seizures?

No,

only

those

which

are

What is an unreasonable search and seizure? Illegal. Reasonable is lawful. It does

not depend on the absence or presence of a warrant.
May the rights under sec 2 be invoked against anyone? No, cannot be invoked
against private individuals. Can be invoked against the LAW ENFORCEMENTS
OFFICERS ONLY, not to all public officers.
Kinds of warrant? Search warrant and warrant of arrest.
Can a search warrant be issued for real property? No, you cannot bring it before the
court.
Validity of SW and WoA? Former is 10 days, latter is subject to prescription of
offenses.
What is probable cause?
Mantaring v. Judge Roman (probabilities of facts and requirements when a judge
issues a warrant and also conducted the preliminary investigation).
What is meant by personally determine? Soliven v. Makasiar
In WoA, no need for personal interview or personal appearance of the applicant and
witnesses. In SW, there is a need for appearance because the judge must conduct
searching QandA. There must also be depositions and affidavits attached to the
records of the case.
Which if these two has stricter requirements? SW, because no case has yet been filed
in court. The search warrant is somehow a fishing expedition because it will
determine whether or not an offense was committed. Unlike in the case of a WoA,
there is already an information and proceedings anterior to its issuance. There had
already been a preliminary investigation in which the parties had already appeared
before the prosecutor.
TEST OF SUFFICIENT OATH: Liable for perjury.
The OBLIGATION is to convince the magistrate not himself of the existence of
PROBABLE CAUSE.
General Warrant v. Scatter-Shot Warrant
Instances of permissible warrantless arrests. Other instances of warrantless arrests
are those mentioned in Section 13, Rule 113 and Sec. 23 of Rule 124.
A CONTINUING CRIME is offense against the State. Thus, there is no need to wait for
an act to be committed for one to be arrested. The protection of the State is higher
that the rights of the accused.
HAS JUST BEEN COMMITTED means that there must be no appreciable length of
time between the commission and the arrest (Go v. CA).
Gerente case is different from Rodrigueza because in the former, there was a
continuous unbroken series of events.
Stop and Search
With Probable Cause
Search only the premises
within the persons control

Stop and Frisk

No need for Probable Cause, only GENUINE REASON.
Also, this is based on the police officers point of view.
Search is on the outer clothing only.

IMMEDIATE CONTROL means within PHYSICAL REACH.

What is the plain view doctrine?

HYPO: A and B, police officers, attended a party without any invitation. Then, they saw
drugs. Can they seize it under the plain view doctrine? NO, because there was no prior
valid intrusion.

HYPO: Police were serving search warrant for drugs, but they came across an unlicensed
firearm. Can they seize the firearm under the plain view doctrine?

Is one required to open his windows during check points? YES.

If the thing already left customs, can it still be searched and seized? YES.
If both warehouse and dwelling of the caretaker, is a SW necessary? YES, authority is
inferred by law but the right to privacy is conferred by the Constitution. If a right is
impaired, it is strictly construed against the State. Primary importance given to the
bill of rights.
Extent of customs searches? Legally or illegally imported may be seized, dutiable
articles.

Right to Privacy
What are the zones of privacy?
Categories of privacy are: (1) decisional and (2) informational which is the right not
to disclose any private matter.
Why is the right to privacy the most revered by men?
A letter procured by a private individual may be admitted as OBJECT and
DOCUMENTARY evidence.
Freedom of Speech
Can this be invoked against a private individual? No, no constitution provides no
LAW shall be passed.
Covers only matters of public concern.
It does not apply only to matters that are popular.
Degree of criticism is different with respect to judicial officers. (1) public figures (2)
private individuals involved in a public issue and (3) public figures may be subjected
to the same level of criticism.
The two types of privileged communication are absolute and qualified.
What are the types of qualifiedly privileged communications?
Does the truth matter for a communication to be deemed qualifiedly privileged? No,
because it will result to self-censorship.
What is the philosophical basis of truth? Power of acceptance and ability to compete
in the free marketplace of ideas.
The right to free speech is NOT absolute.
Motion pictures whether for profit or not, whether locally-owned or foreign-owned
are protected.
Obscene literature is not protected speech. Test of obscenity in Miller v. California.
When is an assembly an exercise of ones right of assembly and petition and when is
it a strike? The test is AGAINST whom it is being conducted. The latter is being
conducted AGAINST the employer while the former is not.
Freedom of Religion
What is the Establishment Clause?
What is the difference between the Establishment Clause and Free Exercise Clause?
Why religious liberty and not toleration?
The two aspects of freedom of religion is freedom to believe and freedom to act on
ones belief.
Can the government impose taxes on proselytizing? No.
Are all acts of religious organizations tax-free? No.

Can the government impose taxes on income of priests? Yes.

The courts cannot meddle in DOCTRINAL AND DISCIPLINARY matters of a religious
organization. The courts cannot also interfere with conflict existing between two
religions.
Take note of the 3-step process in compelling state interest test.
The two kinds of benevolent neutrality are mandatory and permissive.

Liberty of Abode
The liberty of abode pertains to ones right to choose his residence.
The two valid impairments to ones liberty of abode are (1) lawful order of the court
and (2) law.
The right to travel pertains to freedom of movement and right to leave the
Philippines.
Residual power pertains to those powers owned by the government but no one
exercises it.
An administrative circular addressed to court personnel that they cannot leave the
country without the courts permission is VALID.
Right to Information
Why is the right to information and the duty to disclose matters of public concern in
splendid symmetry?
Without a law, can national security matters be disclosed to the public? No, the
restriction is imposed by common law.
The courts can also restrict or prohibit the release of information and not only the
law.
Right

to Association
This right applies to both employed in the private and public sector.
Applies only to working individuals? No, to everyone.
Removing the phrase public and private sector does NOT and will NOT deprive
them of said right for said phrase was merely placed there for EMPHASIS.
Basis for right not to join? Liberty and Freedom.
May it be bargained away? Yes, through a closed-shop agreement/union security
clauses. This is not unconstitutional because the workers has the freedom to accept
or not to accept the CBA.
The members of the bar can be compelled to become a member of the IBP through
the exercise of the POLICE POWER of the state.

Impairment of Obligations of Contracts

For there to be an impairment, it must be substantial. What is substantial is NOT a
question of degree, manner or cause.
The constitution does not prohibit all kinds of impairment only those which cause
UNREASONABLE CHANGES.
General Rule: Moratorium Laws are VALID so long as there is REASONABLENESS
AND DEFINITENESS.
Zoning ordinances can impair obligations of contracts through police power.
The two implied limitations/intrusions are existing laws and attributes of sovereignty
as a postulate of legal order.
Power of eminent domain and taxation can also impair obligations of contracts.
Rights in Custodial Investigation

What is custodial investigation?

HYPO: A is investigating the death of B. Information led him to C. he went to Cs
house, introduced himself and stated his purpose for the visit. A asked permission to
ask questions to C about the death of B, and C consented. The questioning was done
while C was doing his household chores. A was able to acquire a confession from C.
is it admissible in evidence?
HYPO: B got killed in August 1, 2014. A went to Cs house to inquire about the
killing. When the question about where C was at the night of the killing, C can
already invoke his rights.

Is section 12 same as Miranda rights? No, because the Miranda rights does not
include the right to be given a counsel if the accused cannot afford one.
May the rights under Sec. 12 be waived? Yes, but not all.
Why is there a need to give protection to persons under custodial investigation?
If an extrajudicial confession was presented by the prosecution, even if the defense
did not object to its admissibility, the courts can still not consider the same because
the Burden of Proof is with the prosecution.
Take note of rules on police line-up.
Is an audit investigation a custodial investigation? NO.
Who are law enforcement officers?
Reenactment is still part of custodial investigation.
Transmission of meaningful information must be in the language or dialect known
to the accused. This is for him to be able to exercise his continuing right to remain
silent.
Difference between the exclusionary rule and fruit of the poisonous tree doctrine.

Right to Bail
What is bail?
The two kinds of bail are those as a matter of right and those as a matter of
discretion.
When is it a matter of right?
For right to bail to be denied, two requisites must concur: (1) punished by reclusion
perpetua and (2) evidence of guilt is strong.
Bail is also a matter of right is evidence of guilt is NOT strong even if punishable by
reclusion perpetua.
A hearing for bail is mandatory. But if bail is a matter of right, the hearing will only
be for determining the amount of bail.
Bail is a WAIVABLE RIGHT.
In determining whether or not the offense is bailable or not, determine which is the
lower penalty between the law in force at the time of the commission and the law in
force at the time of the application for bail.
Members of the military do NOT have the right to bail. And this is not a violation of
the equal protection clause.
HYPO: A is a member of the AFP charged with malicious mischief punishable by
arresto menor. Is it bailable? Yes, because the prohibition applies only for violations
of the Articles of War and those filed before the court martial.

May the right to bail be applied in extradition proceedings? Yes. Must be proven
through clear and convincing evidence.

Rights of the Accused (Sec. 14)

What right in sec. 14 is not really a right of the accused? Trial in absentia because it
is a PRIVILEGE granted to the prosecution.
Due Process under Sec. 14
Applies to the accused
Procedural due process
Criminal cases ONLY

Due Process under Sec. 3

Applies to all parties in a case
Substantial and procedural due process
All cases

Between absence and delay, absence is better for the latter is curable.
Why is there a presumption of innocence? To level the playing field.
Is accusation equivalent to guilt? No.
The right to be presumed innocent is not applicable to corporate entities because
they cannot be held liable for a crime since it does not have physical existence.
Why is there a need for the equipoise rule? To assess the character of the evidence.
It is used by the courts in determining whether or not the evidence is for or against
the accused.
Right to counsel during a trial is ABSOLUTE.
Take note of the 4-fold obligation of the court with respect to the right to counsel.
Definition of preference in choice of counsel.
Why must the accused be informed of the nature and cause of accusation against
him?
What must be the contents of an information?
If there is a variance between the caption and tile and the allegations, the
allegations will prevail.
An arraignment is indispensable because the accused is informed of the nature and
cause of accusation against him.
What is speedy trial?
Speedy trial is a relative concept. What are the factors that has to be considered?
If the delay is not due to the prosecution, it is NOT a violation of the right of the
accused to a speedy trial.
The right to speedy trial is not only applicable to the trial itself. Those anterior are
also included but do not include time for appeal.
Impartial Tribunal cold neutrality of an impartial judge. It is not sufficient the
judge render a just judgment but he must also appear impartial.
What is a public trial?
A trial must be held publicly to protect the accused from arbitrariness.
Different compulsory process? Duces tecum and ad testificandum.
A subpoena duces tecum must always be with a subpoena ad testificandum. But a
subpoena ad testificandum can be granted in the absence of a duces tecum.
In duces tecum, both test of relevancy and test of definiteness must be complied
with.
When is duces tecum relevant? When it establishes the guilt of the accused.
What are the requisites of a trial in absentia?
The instances in which an accused is REQUIRED to appear before the courts are:
arraignment, identification and promulgation of the decision. However, in
arraignment, it is NOT waivable but in the latter two it is waivable.

May the accused tried in absentia participate in the proceedings through his
counsel? NO. He also loses his right to appeal.

Writ of Habeas Corpus

It literally means you should have the body.
It is deemed to be a writ of inquiry that is used for persons illegally detained and
custody cases.
It is an order in writing issued by the court directed to another to produce the body
of a person.
May the writ be suspended? NO, only the privilege may be suspended.
What is the difference between the writ and the privilege?
Who may suspend the privilege? What may be the causes for suspension? Invasion
or rebellion AND when public safety requires it.
Is imminent threat a sufficient ground for suspension? NO.
Why does the President have the powers to suspend the privilege? Because of his
military powers. Remember that he is the commander-in-chief.
What is the objective of the suspension? To quell the rebellion/invasion.
Despite the suspension, the right to bail still exists.
What offenses are covered by the suspension? Rebellion and crimes which are
inherent/included in the invasion/rebellion. Is it bailable?
What are the constitutional limitations of the suspension of the privilege?
Can the courts review the factual basis of the suspension? YES.
An application for bail is a TACIT RECOGNITION for arrest/detention and will result to
the withdrawal of the petition for bail.
Speedy Disposition of Cases
Speedy Trial
Accused only
Trial proper and those anterior thereto

Speedy Disposition of Cases

All parties to a case
All stages

Rights against self-Incrimination

What is the right against self-incrimination?
What are the reasons or bases for the right? Public policy (perjury) and humanity.
What is the kernel of the guarantee?
Is handwriting covered by the protection?
How about pictures?
Take note of the differences of the right against self-incrimination of an accused and
that of a witness.
This right is available even during preliminary examination.
May he be compelled to produce evidence against him? NO.
It applies also to non-criminal proceedings in which the penalty is penal in nature.
Take not of transaction and use-derivative-use immunity.
Involuntary Servitude
What is involuntary servitude?
What are the two aspects of involuntary servitude? Slavery and peonage.
What are the exceptions to the right against involuntary servitude?
Under parens patriae, it applies to unemancipated children.

On naval enlistment, a person cannot refuse to render services while travelling

because the captain may not find any replacement.

Cruel and Inhuman Punishments

Is the death penalty prohibited under our Constitution? Yes but with an exception
with respect to heinous crimes.
Bail
Judicial Act
Not a penalty (prior to conviction)
If this is excessive, it becomes a teasing
illusion. Something that is granted but
cannot be afforded.

Fine
Legislative Act
Forms part of the penalty

Must the punishment be inhuman, degrading, and cruel all at the same time? NO. T
These are independently prohibited punishments.
Would mere severity make it a prohibited punishment? NO.
A person who jumped bail or escaped is still entitled to an automatic review of his
case when the death penalty is imposed.

Non-imprisonment for Non-payment of Debt

Why is this prohibited? For social justice.
What is debt? It is a civil obligation requiring payment of anything of value. Must it
arise only from contracts?
In BP 22, the gravamen is not the mere issuance of a check. Liability here is not
anymore based on a contract but in LAW same as that of a father being imprisoned
for not giving support.
What is poll tax? In case of non-payment of other types of taxes, may one be
imprisoned?
Is a community tax certificate same as poll tax?
Double Jeopardy
What is double jeopardy?
What are its two types? Traditional (same offense) and those arising from the same
act.
Same Offense
Same
evidence
test

IDENTICAL

must

be

Same Act
Proximity in time and space and arising
from a single intent.

What is the common law principle of double jeopardy? Not two for one.
What are the three elements of double jeopardy? (1) first jeopardy must have
attached (2) first jeopardy must have been validly terminated and (3) second
jeopardy is for the same offense.
What are the elements of legal jeopardy? (1) valid complaint/information (2) filed in
a competent court (3) valid plea (4) convicted or acquitted or otherwise terminated
without consent of the accused.
HYPO: A and B are married but B has an extramarital relationship with C. A did not
institute any criminal complaint. D, being a friend of A, instituted criminal
proceedings against B. A testified, but the lower court dismissed it due to

insufficiency of evidence. A filed a second criminal complaint. Is there double

jeopardy?

Express consent does not make double jeopardy operative because it is the twin
sister of estoppels and waiver.
Instances in which double jeopardy will not attach? (1) at the instance or with the
express consent of the accused (2) not a judgment on the merits (3) legal questions
reviewed by appellate court.
Dismissal
Not on the merits
Procedural (based on technicality)
Exceptions: demurrer to evidence and
violation of the accuseds right to speedy
trial.

Acquittal
On the merits
Based on the evidence

Right of repose rule pertains to finality of acquittal rule.

Is the filing of a motion for reconsideration allowed in cases of acquittal? Generally
no, but may be filed in cases of grave abuse of discretion and mistrial.
For the doctrine of supervening fact to constitute as double jeopardy, there must
already be a conviction for the first one.
HYPO: A was arraigned for frustrated homicide. However, during the trial, B (the
victim) died. Public prosecutor then filed an information for homicide. Is there double
jeopardy?

Ex Post Facto law and Bill of Attainder

What is an ex post facto law?
During the pendency of a case, a law was passed exempting the filing of a bond. This
is not an ex post facto law because the prohibition applies only to CRIMINAL
ACTIONS.
A law was passed (without any retroactive application) imposing a greater
punishment but applied retroactively by the courts of justice. It is not an ex post
facto law but a reversal of judgment only (not sure on this one).
Characteristics of an ex post fact law? Applies to criminal actions, retroactive, applies
to the accused, is prejudicial.
What is a bill of attainder?
A bill of attainder is an ex post facto law.
Imposes a lower penalty than death? BILL OF PAINS.
CITIZENSHIP
Citizenship v. Nationality (the latter is a racial/ethnic concept)
The different modes of acquiring citizenship are birth, marriage, and naturalization.
The two basic principles applicable to birth are: Jus Soli and Jus Sanguinis
Who are citizens of the Philippines?
It is already enough that one of the parents is Filipino.
The significance of January 17, 1973 is it is the effectivity date of the 1973
constitution.
What is the formal procedure for election of citizenship?
Why does it have to be registered? To notify others and to confirm the existence of a
fact.

Can there be implied election?

HYPO: A child was born from a Filipino mother and Chinese father out of wedlock
before 1973. Must the child elect Filipino citizenship?

Illegitimate children follow the citizenship of their only known parent the mother.
This is a common-law principle.
A minor child merely has an INCHOATE RIGHT to acquire citizenship. Prior reaching
the age of majority, the child is deemed NOT a Filipino citizen.
The constitution can only determine who is a citizen or not a citizen of the
Philippines, but it cannot assign ones citizenship.
The types of citizens are natural-born and naturalized citizens.
Citizenship may be lost through express renunciation, naturalization, oath of
allegiance to another country.
Who may acquire/retain Filipino citizenship under RA 9225?
Renunciation of ones citizenship cannot be done impliedly.
Even if a person is possessed of the passport of another country, he is still NOT
divested of his Filipino citizenship because it is NOT a mode of losing ones
citizenship.
Difference between CA 473 and CA 63? The former pertains to initial acquisition
while the latter pertains to reacquisition of citizenship.
Take note of the enumerations provided for under the law and the procedure for
acquiring or reacquiring citizenship.
Res judicata does NOT apply generally in citizenship except if there had been a fullblown trial in which the SolGen represented RP and the decision was affirmed by the
SC.
Take note of the differences between dual allegiance and dual citizenship.

ARTICLE VI, LEGISLATIVE DEPARTMENT

What is the term of office of a member of the HOR?
Tenure can be shortened, but not the term, for causes beyond the control of the
member.
HYPO: Rep. A was elected and had served for 3 consecutive terms of legislative
district X. Can he participate in the partylist system? No.
HYPO: Rep. A served for 3 consecutive terms for District X. Can he run after as
representative of District Y? No.

When is the regular and special election of Congress?

How are their salaries determined? By law. It covers only salaries and not other
benefits/emoluments received by them.
Privilege of Speech
In session
Punishable by not more than 6 years of
imprisonment

Privilege from Arrest

In session
Performance of ones functions

Why is there a parliamentary immunity from arrest?

Every Congress has a life of 3 years. Is the immunity from year-to-year session or 3year period? Year-to-year. One may be arrested even when congress is in recess.

During recess, a warrant of arrest was issued for a crime punishable by 6 years of
imprisonment, he may be arrested. When congress resumes session must he be
released? No. The immunity is only for ARREST AND NOT DETENTION.
Even if the offense was committed prior to being elected, he may still not be arrested
while Congress is in session.
The privilege of speech covers all liabilities civil, criminal, and administrative.
Written statements are covered by the privilege.
If the speech was made prior to being elected, it is NOT anymore covered by the
protection because it must be done in the discharge of ones functions.
In the privilege from arrest, you can be held liable after session but in privilege of
speech, you cannot be held liable for words spoken in the performance of ones
functions even after ones term.
Every member of Congress has the obligation to make a full disclosure if their
financial and business interests.
SALN is not unconstitutional because the constitution merely sets a minimum
requirement.
Is there a need to make a disclosure of interest when one is not the author of the
law?
HYPO: A and B are husband and wife. A proposed a bill favorable their business but B
is not a co-author. Must B make a full disclosure? No.

Forbidden v. incompatible office

If a member of Congress had already accepted an appointment but the latter was
abolished, he CANNOT anymore claim his seat again in Congress EXCEPT: (1) he was
compelled to accept the appointment but expressed reservation to the acceptance
and (2) public interest).
From the moment he accepts the appointment, does he automatically forfeit his
seat? It depends on the kind of office to which he was appointed (whether or not it
requires confirmation of the comm. On appointments and the time when made (if ad
interim or not).
For regular appointments that requires confirmation, on cannot discharge his
functions without confirmation. In ad interim appointments, he immediately assumes
functions until it is not confirmed by the COA.
If confirmation is not required, he AUTOMATICALLY forfeits his seat.
What are the disqualifications and inhibitions of the members of Congress?
What does personally appearing mean? Is it limited to physically appearing before
the courts? No, may pertain to signing pleadings. A member of congress may give
his opinion/advice and even associate with other lawyers to form a partnership. His
name can also be used as part of the firm name (does this defeat the purpose of the
law?)
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