Nachura Notes – Constitutional Law

Kiddy
I. GENERAL PRINCIPLES

A. Political Law – branch of public law which deals with the organization and
operations of the governmental organs of the State and defines the relations
of the State with the inhabitants of its territory.

B. Scope/Division
1. Constitutional Law – study of the maintenance of the proper balance
between authority as represented by the 3 inherent powers of the State and
liberty as guaranteed by the Bill of Rights
2. Administrative Law – Fixes the organization of the government;
?Determines the competence of the administrative ?authorities who execute the
law; and
?Indicates to the individuals remedies for the violation of ?his right.
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Law

C. Basis of the Study

1. 1935 and 1973 Constitution
2. 1986 Constitution
3. Other organic laws made to apply in the Philippines
4. Statutes, EOs and decrees, judicial decisions
5. US Constitution

II. THE PHILIPPINE CONSTITUTION

A. Nature of the Constitution

1. Definition
b. The body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised.
c. That written instrument enacted by the direct action of the people,
?by which the fundamental powers of the government are established, ?limited
and defined;
?and by which those powers are distributed among several departments for
?their safe and useful exercise ?for the benefit of the body politic.
2. Purpose
a. Prescribe permanent framework of a system of government;
b. Assign to several departments their respective powers and duties
c. Establish certain first principles on which the government is founded
3. Classification
a. Written – precepts are embodied in one document/ set of documents
?Unwritten – rules which have not been integrated into a single, concrete ?form
but are scattered in various sources (statutes, judicial decisions,
?commentaries, customs and traditions, common law principles).
b. Enacted (Conventional) – formally struck off at a definite time and place
following a conscious or deliberate effort taken by a constituent body or ruler.
?Evolved (Cumulative) – result of political evolution, changing by ?accretion
rather than by any systematic method.
c. Rigid – amended only by formal and usually difficult process
?Flexible – changed by ordinary legislation
4. Qualities of a good written Constitution
a. Broad – comprehensive enough to provide for every contingency
b. Brief – confine to basic principles to be implemented
c. Definite – to prevent ambiguity
5. Essential parts of a good written Constitution
a. Constitution of Liberty – sets forth the civil and political rights of the citizens
and imposing limitations on the powers of the government
b. Constitution of Government – outlines the organization of the government;
enumerates its powers; and lay down rules relative to its administration
c. Constitution of Sovereignty – points out the mode or procedure in
accordance with formal changes in the fundamental law may be brought
about
6. Interpretation/Construction of the Constitution
a. Verba legis: given their ordinary meaning except where technical terms are
employed
b. Ratio legis et anima: ambiguity à intent of the framers, bearing in mind the
objects sought to be accomplished and evils sought to be prevented; doubtful
provision shall be examined in light of the history of the times and the
conditions and circumstances under which the Constitution was framed
c. Ut magis valeat quam pereat: Constitution to be interpreted as a whole
­ Safer to construe the Constitution from what “appears upon its face.” If,
however, the plain meaning of the word is not found to be clear, resort to other
aids is available.
- In case of doubt, consider provisions as self-executing; mandatory rather
than directory; and prospective rather than retroactive.
- Self-executing provisions: one that lays down principle is usually not self-
executing. That which is complete in itself and becomes operative without the
aid of supplementary or enabling legislation, or that which supplies a sufficient
rule by means of which the right it grants may be enjoyed or protected, is self-
executing.
- Self-executing if the nature and extent of the right conferred and liability
imposed are fixed by the Constitution itself.
- Section 26, Article II of the Constitution does NOT contain judicially
enforceable constitutional rights.
B. Brief Constitutional History
1. Malolos Constitution
2. American Regime and Other Organic Acts
3. 1935 Constitution
4. Japanese Occupation
5. 1973 Constitution
6. 1987 Constitution
C. Amendment
1. Amendment – isolated or piecemeal change in the Constitution
?Revision – revamp or rewriting of the entire instrument
2. Legislative Power – merely provides details for implementation
3. Steps
a. Proposal
­ Congress, ¾ of ALL its members… understood as ¾ of Senate and ¾ of
HRs
- Constitutional Convention, called into existence by 2/3 a vote of all the
members of Congress with the question of whether or not to call a convention
to be resolved by the people in a plebiscite
- People through Power of Initiative, petition of at least 12% of the total
number of registered voters, of which every legislative district must be
represented by at least 3% of the registered voters therein à power of the
people to propose amendments to the Constitution or to propose and enact
legislation through an election called for that purpose
• Limitation: No amendment w/in 5 years following the ratification of this
Constitution nor more than once every five years thereafter.
• 3 systems of initiative:
(1) Initiative on the Constitution
(2) Initiative on Statutes
(3) Initiative on Local Legislation
- Choice of method of proposal is within the full discretion of the legislature
- 3 Theories on the position of a Constitutional Convention vis-à-vis the
regular departments of government
(1) Theory of Conventional Sovereignty
(2) Convention is inferior to other departments
(3) Independent of and co-equal to the other departments
b. Ratification
- Ratified by a majority of the votes cast in a plebiscite held not earlier than 60
nor later than 90 days after the approval of the proposal by Congress or the
Constitutional Convention, or after the certification by the COMELEC of the
sufficiency of the initiative.
- Doctrine or proper submission: Constitution prescribes the time frame within
which the plebiscite is to be held, there can no longer be any question on
whether the time given to the people to determine the merits and demerits of
the proposed amendment is adequate.
- Plebiscite may be held on the same day as a regular election.
- Entire Constitution must be submitted for ratification at one plebiscite only.
­ The people have to be given a “proper frame of reference” in arriving at their
decision.
4. Judicial Review of Amendments – issue is whether or not the constitutional
provisions had been followed.

E. The Power of Judicial Review

1. Judicial Review – power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution.
- Power is inherent in the Constitution.
- Section 1, Article VII of the Constitution: Judicial power includes the duty of
the courts of justice to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of Government.
2. Who may exercise
- Power of the SC to decide constitutional questions.
- Constitutional appellate jurisdiction of the SC and implicitly recognizes the
authority of lower courts to decide questions involving the constitutionality of
laws, treaties, agreements, etc.
- Notice to SolGen is mandatory to enable him to decide whether or not his
intervention in the action is necessary.
3. Functions of Judicial Review
(1) Checking
(2) Legitimizing
(3) Symbolic
4. Requisites
(1) Actual case or controversy
(2) Constitutional question must be raised by the proper party

­ A party’s standing in court is a procedural technicality which may be set
aside by the Court in view of the importance of the issues involved;
paramount public interest/transcendental importance
­ “Present substantial interest” – such interest of a party in the subject matter
of the action as will entitle him under substantive law, to recover of the
evidence is sufficient, or that he has a legal title to defend and the defendant
will be protected in payment to or recovery from him.
- A taxpayer, or group of taxpayers, is a proper party to question the validity of
a law appropriating public funds.
­ 2 Requisites for Taxpayer’s Suit:
(1) Public funds are disbursed by a political subdivision or instrumentality
(2) A law is violated or irregularity is committed
(3) Petitioner is directly affected by the ultra vires act
- The Government is a proper party to question the validity of its own laws,
because more than any one, it should be concerned with the constitutionality
of its acts
• The established rule is that a party can question the validity of a statute only
if, as applied to him, it is unconstitutional.
• Exception: Facial Challenge, when it operates in the area of freedom of
expression.
• Overbreadth Doctrine: permits a party to challenge the validity of a statute
even though, as applied to him, it is not unconstitutional, but it might be if
applied to other not before the Court whose activities are constitutionally
protected.
• Invalidation of the statute “on its face”, rather than “as applied” is permitted
in the interest of preventing a “chilling effect” on freedom of expression.
• Facial challenge is the most difficult challenge because the challenge must
establish that no set of circumstances exists under which the act would be
valid.
- The constitutional question must be raised at the earliest possible
opportunity
- The decision on the constitutional question must be determinative of the
case itself.
- Bars judicial inquiry into a constitutional question unless the resolution is
indispensable to the determination of the case.
- Every law has in its favor the presumption of constitutionality, and to justify
its nullification, there must be a clear and unequivocal breach of the
Constitution.

5. Effects of Declaration of Unconstitutionality

- Orthodox View: unconstitutional act is not a law, it confers no rights and
imposes no duties; it affords no protection, creates no office; it is inoperative
as if it had not been passed at all.
- Modern View: certain legal effects of the statute prior to its declaration of
unconstitutionality may be recognized.
6. Partial Unconstitutionality
- Legislature must be willing to retain the valid portions à separability clause
- Valid portion can stand independently as law

III. THE PHILIPPINES AS A STATE

State: a community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external control and
possessing a government to which a great body of inhabitants render habitual
obedience.

State is a legal or juristic concept; nation is an ethnic or racial concept.

Government is an instrumentality of the State through which the will of the
State is implemented and realized.

Elements:
(1) People
(2) Territory
?Components:
1) Terrestrial
2) Fluvial
3) Maritime
4) Aerial
(3) Government
(4) Sovereignty

Archipelago Doctrine: the waters around, between and connecting the islands
of the archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.

Straight Baseline Method: Imaginary straight lines are drawn joining the
outermost points of outermost islands of the archipelago, enclosing an area
the ratio of which should not be more than 9:1; provided that the drawing of
the baselines shall not depart, to any appreciable extent, from the general
configuration of the archipelago.

Functions of the Government:

(1) Constituent – mandatory for the Government to perform because they
constitute the very bonds of society
(2) Ministrant – intended to promote the welfare, progress and prosperity of
the people and which are merely optional for Government to perform

Doctrine of Parens Patriae: parents of the people; the Government may act as
guardian of the rights of the people who may be disadvantaged or suffering
from some disability or misfortune.

Classification
(1) De jure
?De facto – Kinds
2) Takes possession or control of, or usurps, by force or by the voice of the
majority, the rightful legal government and maintains itself against the will of
the latter;
3) Established by the inhabitants of a territory who rise in insurrection against
the parent state; and
4) Established by invading forces of an enemy who occupy a territory in the
course of war (de facto government of paramount force).
(2) Presidential – separation of executive and legislative powers
?Parliamentary – fusion of both executive and legislative in Parliament; actual
?exercise of executive powers is vested in a Prime Minister who is chosen by,
and ?accountable to the Parliament
(3) Unitary
?Federal

Sovereignty: supreme and uncontrollable power inherent in a State by which

that State is governed
?Kinds:
1) Legal – power to issue final commands
     Political – sum total of all the influences which lie behind the law
2) Internal – supreme power over everything within the territory
     External/Independence – freedom from external control

?Characteristics:
1) Permanence
2) Exclusiveness
3) Comprehensiveness
4) Absoluteness
5) Indivisibility
6) Inalienability
7) Imprescriptibility

?Effects of Change in Sovereignty: Political laws are abrogated; municipal laws

?remain in force

?Effects of Belligerent Occupation: No change in sovereignty.

• Political laws, except the law on treason, are suspended;
• Municipal laws remain in force unless repealed by belligerent occupant;
• At the end of belligerent occupation, political laws shall automatically
become effective again (doctrine of jus postliminium)

?Dominium – capacity to acquire or own property
?Imperium – authority possessed by the State embraced in the concept of
?sovereignty

?Jurisdiction
?Territorial: power of the State over persons and things within its territory.
?Exemption:
(1) Foreign states, head of states, diplomatic representatives and consuls to a
certain degree;
(2) Foreign state property, including embassies, consulates and public vessels
engaged in non-commercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights of innocent passage or
involuntary entry such as arrival under stress
(5) Foreign armies passing through or stationed in its territory with its
permission; and
(6) Other persons or property, including organizations like the UN, over which
it may, by agreement, waive jurisdiction.

?Personal: power of the State over its nationals, which may be exercised by
?the State even of the individual is outside the territory of the State.

?Extraterritorial: power exercised by the State beyond its territory, ?example:

(1) Assertion of its personal jurisdiction over its nationals abroad or the
exercise of its right to punish offenses committed outside its territory against
its national interests even if the offenders are non-resident aliens;
(2) By virtue of its relations with other states/territories (as when it establishes
a colonial protectorate or a condominium or administers a trust territory or
occupies enemy territory in the course of war);
(3) Local state waives jurisdiction over persons and things within its territory;
(4) Principle of extraterritoriality
(5) Enjoyment of easements or servitudes (easement of innocent passage or
arrival under stress)
(6) Exercise of jurisdiction by the state in the high seas over its vessels, over
pirates, in the exercise of the right to visit and search, and under doctrine or
hot pursuit;
(7) Exercise of limited jurisdiction over the contiguous zone and the
patrimonial sea, to prevent infringement of its customs, fiscal, immigration or
sanitary regulations.

State Immunity from Suit: The State cannot be sued without its consent.
• Royal Prerogative of Dishonesty: There can be no legal right against the
authority which makes the law on which the right depends. It may be sued if
its gives consent.
• Par in parem non habet imperium: Immunity is enjoyed by other States. The
Head of the State, who is deemed the personification of the State, is inviolable
and enjoys immunity.

Test to Determine if Suit is Against the State

• Whether it requires an affirmative act from the state.

Suit Against Government Agencies

1. Incorporated – if the charter provides that the agency can sue and be sued,
then suit will lie, including one for tort. The provision in the charter constitutes
express consent on the part of the State to be sued.
• Municipal corporations, agencies of the state when they are engaged in
governmental functions and should enjoy sovereign immunity from suit. They
are subject to suit even in the performance of such functions because their
respective charters provide that they can sue and be sued. (Section 22 LGC)
2. Unincorporated – inquire into the principal functions
• If governmental: no suit without consent
• If proprietary: suit will lie, because when the State engages in principally
proprietary functions, then it descends to the level of a private individual, and
may therefore be vulnerable to suit.

Suit Against Public Officers: The doctrine of state immunity also applies to
complaints filed against officials of the State for acts performed by them in the
discharge of their duties within the scope of their authority.
?Exceptions: (may be sued without prior consent from State)
1. to compel him to do an act required by law;
2. to restrain him from enforcing an act claimed to be unconstitutional;
3. to compel the payment of damages from an already appropriated
assurance fund or to refund tax over-payments from a fund already available
for the purpose;
4. to secure a judgment that the officer impleaded may satisfy by himself
without the State having to do a positive act to assist him;
5. where government itself has violated its own laws, because the doctrine of
state immunity “cannot be used to perpetrate an injustice”

Where a public officer has committed an ultra vires act, or there is a showing
of bad faith, malice or gross negligence, then the officer can be held
personally accountable.

In order that suit may lie against the state, there must be consent. Where no
consent is shown, state immunity from suit may be invoked as a defense by
the courts sua sponte at any stage of the proceedings.
?Express consent: general law or special law
?Implied consent
1. state commences a litigation
2. state enters into a business contract

Scope of consent: consent to be sued does not include consent to the

execution of judgment against it. Such execution will require another waiver.

Suability is not equated with outright liability. Liability will have to be

determined by the court on the basis of the evidence and the applicable law.

IV. FUNDAMENTAL POWERS OF THE STATE

Inherent powers of the State
1. Police Power
2. Eminent Domain
3. Power of Taxation

Similarities
1. inherent in the state, without need of express constitutional grant
2. necessary and indispensable
3. methods by which the state interferes with private property
4. presupposes equivalent compensation
5. exercised primarily by legislature

Distinctions
1. Police power regulates liberty and property
?Eminent domain and taxation affects only property rights
2. Police power and taxation are exercised only by government
?Eminent domain may be exercised by private entities
3. Property taken in police power is usually noxious or intended for noxious
purposes and may be destroyed
?In eminent domain and taxation, the property is wholesome and devoted to
public ?use/purpose.
4. Compensation in police power is the intangible, altruistic feeling that the
individual has contributed to the public good;
?In eminent domain, it is the full and fair equivalent of the property taken;
?In taxation, it is the protection given and/or public improvements instituted by
?government for taxes paid.

Limitations
1. Bill of Rights
2. Courts may annul improvident exercise of police power

Police Power
• Power of promoting public welfare by restraining and regulating the use of
liberty and property.
• Most pervasive, least limitable and most demanding of the three powers.
• Justification: salus populi est suprema lex and sic utere tuo ut alienum non
laedas

?Who may exercise

• Inherently vested in Legislature
• Congress may validly delegate this power to the President, administrative
bodies and to lawmaking bodies of LGUs.
• LGUs exercise this power under the general welfare clause

?Limitations (test for valid exercise)

• Lawful subject: interest of the public; activity or property sought to be
regulated affects the general welfare; if it does then the enjoyment of the
rights flowing therefrom may have to yield to the interest of the greater
number.
• Lawful means: means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive on individuals.
• Express grant by law
• Within territorial limits (for LGUs except when exercised to protect water
supply)
• Must not be contrary to law

For Municipal Ordinances to be Valid:

(1) Must not contravene the Constitution or the statute
(2) Must not be unfair or oppressive
(3) Must not be partial or discriminatory
(4) Must not prohibit but may regulate trade
(5) Must not be unreasonable
(6) Must be general in application and consistent with public policy

Power of Eminent Domain (Power of Expropriation)

?Jurisdiction
• RTC

?Who may exercise the power

• Congress
• By delegation, the President, administrative bodies, LGUs and even private
enterprises performing public services

?Requisites
(1) Necessity
(2) Private Property, except money and choses in action
(3) Taking in the constitutional sense
(4) Public use
(5) Just Compensation – full and fair equivalent of the property taken; fair
market value of the property

?Judicial Prerogative
• Ascertainment of what constitutes just compensation for property taken in
eminent domain cases is a judicial prerogative.

?Form of Compensation
• Paid in money and no other form.
• In agrarian reform, payment is allowed to be made partly in bonds because
under the CARP, “we do not deal with the traditional exercise of the power of
eminent domain; we deal with a revolutionary kind of expropriation.”

?Reckoning point of market value of the property

• Date of the taking or the filing of the complaint, whichever comes first.

?Principal criterion in determining just compensation

• Character of the land at the time of the taking

?Entitlement of owner to interest

• When there is delay in the payment of just compensation, the owner is
entitled to payment of interest if claimed; otherwise, interest is deemed
waived;
• Interest is 6% per annum, prescribed in Article 2209 of the CC, NOT 12%
per annum under Central Bank Circular No. 416, latter applies to loans or
forbearances of money, goods or credits or judgments involving such loans or
forbearance of money, goods or credits. The kind of interest here is by way of
damages.
• In some expropriation cases, the court imposes 12% à damages for delay in
payment which, in effect, makes the obligation on the part of government one
of forbearance.

?Who else may be entitled to just compensation

• Owner
• Those who have lawful interest

?Title to the property

• Does not pass until after payment

?Right of landowner in case of non-payment of just compensation

• Does not entitle to recover possession of the expropriated lots
• Only to demand payment of the FMV of the property

?Due process of law

• Defendant must be given an opportunity to be heard

?Writ of Possession, ministerial upon:

(2) Filing of complaint for expropriation sufficient in form and substance
(3) Upon deposit by the government of the amount equivalent to 15% of the
FMV of the property per current tax declaration

?The plaintiff’s right to dismiss the complaint has always been subject to Court
?approval and to certain conditions, because the landowner may have already
?suffered damages at the start of the taking.

?Right to repurchase or re-acquire the property

• Property owners right to repurchase the property depends upon the
character of the title acquired by the expropriator: if land is expropriated for a
particular purpose with the condition that when that purpose is ended or
abandoned, the property shall revert to the former owner, the former owner
can re-acquire the property.

Lands for socialized housing are to be acquired in the following order:

(1) Government lands
(2) Alienable lands of the public domain
(3) Unregistered, abandoned or idle lands;
(4) Lands within the declared Areas for Priority Development, Zonal
Improvement Program sites, Slum Improvement and Resettlement sites which
have not yet been acquired;
(5) BLISS sites which have not yet been acquired; and
(6) Privately owned lands

The mode of expropriation is subject to 2 conditions:

(1) Resorted to only when the other modes of acquisition have been
exhausted
(2) Parcels owned by small property owners are exempt from such acquisition

Small property owners:

(1) Owners of residential lots not more than 300 sq. m. in highly urbanized
cities and not more than 800 sq. m. in other urban areas
(2) They do not own residential property other than the same

Power of Taxation

?Who may exercise

• Legislature
• Local legislative bodies
• To a limited extent, the President, when granted delegated tariff powers

?Limitations on the exercise

• Due process of law, must not be confiscatory
• Equal protection clause, must be uniform and equitable
• Public purpose

?Double taxation
• Additional taxes are laid on the same subject by the same taxing jurisdiction
during the same taxing period and for the same purpose.

?Tax Exemptions
• No law granting tax exemption shall be passed without the concurrence of a
majority of all the Members of Congress.
• Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings and
improvements actually, directly and exclusively used for religious, charitable
or educational purposes à exempt
• Revenues and assets of non­stock, non­profit educational institutions used
actually, directly and exclusively for educational purposes à exempt
• Proprietary educational institutions à may be exempt subject to limitations
provided by law
• Grants, endowments, donations, or contributions used actually, directly, and
exclusively for educational purposes à exempt

Police Power vs. Taxation

• License fee v. Tax à license fee is a police measure; tax is revenue measure
• Amount collected for a license fee is limited to the cost of permit and
reasonable police regulation (except when the license fee is imposed on a
non-useful occupation); amount of tax may be unlimited provided it is not
confiscatory
• License fee is paid for the privilege of doing something and may be revoked
when public interest so requires; tax is imposed on persons or property for
revenue

Kinds of license fee

(1) For useful occupation/enterprises
(2) Non-useful occupation/enterprises (when used to discourage, it may be a
bit exorbitant)

V. PRINCIPLES AND STATE POLICES

Preamble
• Does not confer rights nor impose duties
• Indicates authorship of the Constitution
• Enumerates the primary aims and aspirations of the framers
• Serves as an aid in the construction of the Constitution

Republicanism
• The Philippines is a democratic and republican state. Sovereignty resides in
the people and all government authority emanates from them.
• Essential features
(1) Representation
(2) Renovation
• Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers

Purpose
• To prevent concentration of authority in one person or group of persons that
might lead to an irreversible error or abuse in its exercise to the detriment of
republican institutions.

Principle of Blending of Powers

• Instances when powers are not confined exclusively within one department
but are assigned to or shared by several departments.

Principle of Checks and Balances

• This allows one department to resist encroachments upon its prerogatives or
to rectify mistakes or excesses committed by the other departments.

Doctrine of Necessary Implication

• Absence of express conferment, the exercise of the power may be justified
under this doctrine, that the grant of an express power carries with it all other
powers that may be reasonably inferred from it.

A purely justiciable question implies a given right, legally demandable and

enforceable, an act or omission violative of such right, and a remedy granted
and sanctioned by law for said breach of right.

Political question is a question of policy. It refers to those questions which,

under the Constitution, are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary authority has been delegated
to the legislative or executive branch of government. It is concerned with
issues dependent upon wisdom, not legality of particular measure.

Delegation of powers
• Potestas delegate non potest delegare
• Delegated power constitutes not only a right but a duty to be performed by
the delegate through the instrumentality of his own judgment and not through
the intervening mind of another.
• Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times of war or national
emergency)
(3) Delegation to the people – specific provisions where the people have
reserved to themselves the function of legislation
• Referendum: power of the electorate to approve or reject legislation through
an election called for the purpose; referendum on statutes and referendum on
local law
• Plebiscite: electoral process by which an initiative on the Constitution is
approved or rejected by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies – power of subordinate legislation
• Tests for valid delegation
(1) Completeness test: the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for
the delegate to do when it reaches him except to enforce it.
(2) Sufficient standard test: intended to map out the boundaries of the
delegates’ authority by defining the legislative policy and indicting the
circumstances under which it is up be pursued and effected; the standards
usually indicated in the law delegating legislative power.

The Incorporation Clause

• The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the
land, and adheres to the police of peace, equality, justice, freedom,
cooperation and amity with all nations.
• Independent foreign policy and nuclear­free Philippines
• Expiration of Bases Agreement
• Renunciation of War
(1) Covenant of the League of Nations
(2) Kellogg-Briad Pact of 1928
(3) Charter of the United Nations
• Doctrine of Incorporation – our courts have applied the rules of international
law in a number of cases even of such rules had not previously been subject
of statutory enactments, because these generally accepted principles of
international law are automatically part of our own laws.

Civilian Supremacy
• Civilian authority is, at all times supreme over the military. The AFP is the
protector of the people and the State. Its goal is to secure the sovereignty pf
the State and integrity of the national territory.

Duty of Government; people to defend the State

• The prime duty of the Government is to serve and protect the people.
• The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal military or civil service.
• The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.

Right to Bear Arms: statutory, not constitutional right.

Separation of Church and State

• Freedom of religion clause
• Religious sect cannot be registered as political party
• No sectoral representative from the religious sector
• Prohibition against appropriation for sectarian benefit

?Exceptions
(1) Section 28(3), Article 6: Exemption from taxation
(2) Section 29(2), Article 6: Prohibition against sectarian benefit, except when
priest is assigned to the armed forces or to any penal institution or
government orphanage or leprosarium
(3) Section 3(3), Article 14: Optional religious instruction for public elementary
and high school studies
(4) Section 4(2), Article 14: Filipino ownership requirement to educational
institutions, except those established by groups and mission boards

Independent Foreign Policy and Nuclear-free Philippines

• State shall pursue an independent foreign policy. In relations with other
states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest and the right to self-determination.
• The Philippines consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.

Just and dynamic social order

• State shall promote a just and dynamic social order that will ensure
prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full
employment, a rising standard of living and an improved quality of life for all.

Promotion of Social Justice

• Promote social justice in all phases of national development

Respect for human dignity and human rights

• State values the dignity of every human person and guarantees full respect
for human rights.

Family and Youth

• The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive support
of the Government.
• The State recognizes the vital role of the youth in nation­building and shall
promote and protect their physical, moral, spiritual, intellectual and social well-
being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.

Fundamental equality of men and women

• State recognizes the role of women in nation­building and shall ensure the
fundamental equality before the law of men and women.

Promotion of health and ecology

• State shall protect and promote the right to health of the people and instill
health consciousness among them.
• The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.

Priority to education, science, technology, etc.

• State shall give priority to education, science and technology, arts, culture
and sports, to foster patriotism and nationalism, accelerate social progress,
and promote total human liberation and development.

Protection to Labor
• State affirms labor as a primary social economic force. It shall protect the
rights or workers and promote their welfare.

Self-reliant and independent economic order

• State shall develop a self­reliant and independent national economy
effectively controlled by Filipinos.
• The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provide incentives to needed investments.

Land reform
• State shall promote comprehensive rural development and agrarian reform.

Indigenous cultural communities

• State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

Independent people’s organizations
• State shall encourage non­governmental, community­based, or sectoral
organizations that promote the welfare of the nation.

Communication and information in nation-building

• State recognizes the vital role of communication and information in nation­
building.

Autonomy of local governments

• State shall ensure the autonomy of local governments.
• Decentralization and does not make the local governments sovereign within
the State or an imperium in imperio.
• Decentralization of administration: delegation of administrative powers to the
LGU in order to broaden the base of governmental powers.
• Decentralization of power: abdication by the national government of
governmental powers.

Equal access of opportunities for public service

• State shall guarantee equal access of opportunities for public service and
prohibit political dynasties as may be defined by law.

Honest public service and full public disclosure

• State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
• State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.

VI. BILL OF RIGHTS

Definition
• Set of prescriptions setting forth the fundamental civil and political rights of
the individual, and imposing limitations on the powers of government.
• Generally, any government action in violation of the Bill of Rights is void.
• Generally self­executing.

Civil Rights
• Right that belong to every citizen of the state or country and are not
connected with the organization or administration of government.

Political Rights
• Right to participate, directly or indirectly, in the establishment or
administration of government.

Due Process of Law: No person shall be deprived of life, liberty or property

without due process of law
?Definition
• A law which hears before it condemns, which proceeds upon inquiry and
renders judgment only after trial.

?Who are protected

• Universal in application to all persons
• Artificial persons are covered by the protection only insofar as their property
is concerned
• Guarantee extends to aliens and includes the means of livelihood

?Meaning of life, liberty and property

• Life: right of an individual to his body in its completeness, free from
dismemberment and extends to the use of God-given faculties which makes
life enjoyable
• Liberty: the right to exist and the right to be free from arbitrary personal
restraint or servitude; includes the right to be free to use his faculties in all
lawful ways
• Property: anything that can come under the right of ownership and can be
subject of contract; the right to secure, use and dispose them.

?Aspects of due process

1. Substantive – restriction on government’s law­ and rule­making powers
• Requisites:
1. interest of the public
2. means employed are reasonably necessary for the accomplishment of the
purpose and not unduly oppressive on individuals
2. Procedural – restriction on actions of judicial and quasi­judicial agencies of
government
• Requisites:
1. impartial court or tribunal clothed with judicial power to hear and determine
the matter before it
2. jurisdiction must be lawfully acquired over the person of the defendant and
over the property which is the subject matter of the proceeding
3. the defendant must be given an opportunity to be heard
4. judgment must be rendered upon lawful hearing

?Publication as part of due process

• Publication is imperative to the validity of laws, PDs and Eos, administrative
rules and regulation and is an indispensable part of due process.

?Appeal and due process

• Appeal is not a natural right nor is it part of due process; it may be allowed or
denied by legislature in its discretion.
• But where the Constitution gives a person the right to appeal, denial of such
constitutes a violation of due process.

?Preliminary investigation and due process

• Right to preliminary investigation is not a constitutional right, but it is merely
a right conferred by statute.
• But where there is a statutory grant of the right to preliminary investigation,
denial of such constitutes a violation of due process.

?Administrative due process

• Requisites
(1) Right to a hearing, includes the right to present one’s case and submit
evidence in support thereof;
(2) Tribunal must consider the evidence presented;
(3) Decision must have something to support itself;
(4) Evidence must be substantial;
(5) Decision must be rendered on the evidence presented or at least
contained in the records and disclosed to the parties;
(6) Tribunal or any of its judges must act on its own or his own independent
consideration of the facts and the law of the controversy, and not simply
accept the views of a subordinate in arriving at a decision; and
(7) The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding will know the
various issues involved, and the reason for the decision.

Equal Protection of the Laws

?Meaning
• All persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed.
• Natural and juridical persons are entitled to this guarantee.
• With respect to juridical persons, they enjoy the protection only insofar as
their property is concerned.

?Scope of Equality
• Economic
(1) Free access to courts
(2) Marine wealth reserved for Filipino citizens
(3) Reduction of social, economic and political inequalities
• Political
(1) Free access to courts
(2) Bona fide candidates being free from harassment/discrimination
(3) Reduction of social, economic and political inequalities
• Social

?Valid Classification
(1) Substantial distinctions
(2) Germane to the purpose of the law
(3) Not limited to existing conditions only
(4) Must apply equally to all members of the same class

Searches and Seizures

?Scope
• Available to all persons, including aliens, whether accused of a crime or not.
• Artificial persons are also entitled to the guarantee, although they may be
required to open their books of accounts for examination by the State in the
exercise of police and taxing powers.
• Right is personal

?Objection must be raised before the accused enters his plea

?Procedural Rules
1. warrantless arrest is not a jurisdictional defect and any objection thereto is
waived when the person arrested submits to arraignment without any
objection;
2. where a criminal case is pending, the Court wherein it is filed, or the
assigned branch, has primary jurisdiction to issue the search warrant;
3. where no criminal case has been filed, the executive judges or their lawful
substitutes, in the areas and for the offense contemplated shall have primary
jurisdiction;
4. moment the information is filed with the RTC, it is that court which must
issue the warrant of arrest;
5. the judge may order the quashal of a warrant he issued even after the
same had already been implemented, particularly when such quashal is
based on the finding that there is no offense committed à items seized shall
be inadmissible in evidence

?Only a judge may issue a warrant

• Exception: order of arrest may be issued by administrative authorities but
only for the purpose of carrying out a final finding of a violation of law, e.g. an
order of deportation or an order of contempt but not for the sole purpose of
investigation or prosecution.

Requisites for a Valid Warrant

(1) Probable cause
(2) Determination of probable cause personally by the judge
(3) After examination under oath or affirmation of the complainant and the
witnesses he may produce
(4) Particularity of description

The judge shall

(1) Personally evaluate the report and the supporting documents submitted by
the fiscal regarding the existence of probable cause and, on the basis thereof,
issue a warrant of arrest; or
(2) If on the basis thereof, he finds no probable cause, he may disregard the
prosecutor’s report band require the submission of supporting affidavits of
witnesses.

Principles:
(1) The determination of probable cause is a function of the judge
(2) The preliminary inquiry made by the prosecutor does not bind the judge,
as it is the report, affidavits, the transcript of stenographic notes and all other
supporting documents behind the prosecutor’s certification which are material
in assisting the judge in his determination of probable cause
(3) Judges and prosecutors should distinguish the preliminary inquiry which
determines probable cause for the issuance of the warrant of arrest from the
preliminary investigation proper which ascertains whether the offender should
be held for trial or be released
(4) Only a judge may issue a warrant of arrest

Judge himself conducts the preliminary investigation, for him to issue a

warrant of arrest, the investigating judge must:
(1) Have examined, under oath, the complainant and the witnesses;
(2) Be satisfied that there is probable cause; and
(3) That there is a need to place the respondent under immediate custody in
order not to frustrate the ends of justice

Particularity of Description:
(1) Readily identify the properties to be seized and thus prevent them from
seizing the wrong items; and
(2) Leave peace officers with no discretion regarding the articles to be seized
and thus prevent unreasonable searches and seizures.

Warrant of Arrest à particularly describe the person to be seized if it contains

the name/s of the person/s to be seized.
John Doe warrant à descriptio persona

Search Warrant à description is as specific as the circumstances will ordinarily

allow or when description expresses a conclusion of fact (not of law) by which
the warrant officer may be guided in making the search; or when the things
described are limited to those which bear direct relation to the offense for
which the warrant is being issued.

Properties Subject of Seizure:

(1) Subject of the offense
(2) Stolen or embezzled property and other proceeds or fruits of the offense;
and
(3) Property used or intended to be used as means for the commission of an
offense

Conduct of the Search

(1) Lawful occupant
(2) Any member of his family
(3) 2 witnesses, of sufficient age and discretion, residing in the same locality

Warrantless arrests by a peace officer or a private person:

(1) When the person to be arrested has committed, is actually committing or is
attempting to commit an offense in his presence;
(2) When the offense had just been committed and there is probable cause to
believe, based on his personal knowledge of facts and of other
circumstances, that the person to be arrested has committed the offense;
(3) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another; and
(4) When the right is voluntarily waived.

Buy-bust operation is a valid in flagrante arrest.

In flagrante arrests:
(1) The person to be arrested must execute an overt act indicating that he had
just committed, is actually committing, or is attempting to commit a crime; and
(2) Such overt act is done in the presence or within the view of the arresting
officer.

In (2):
(1) there must be immediacy between the time the offense is committed and
the time of the arrest. If there was an appreciable lapse of time between the
arrest and the commission of the crime, a warrant of arrest must be secured
and
(2) the person making the arrest has personal knowledge of certain facts
indicating that the person to be taken into custody has committed the crime.

Question the validity of the arrest before entering plea; failure to do so would
constitute a waiver of his right against unlawful restraint of his liberty.
However, waiver is limited to the illegal arrest. It does not extend to the search
made as an incident thereto, or to the subsequent seizure if evidence
allegedly found during the search.

Warrantless Searches
(1) When the right is voluntarily waived;
(2) When there is a valid reason to “stop­and­frisk”;
(3) Where the search (and seizure) is an incident to a lawful arrest;
(4) Search of vessels and aircrafts;
(5) Search of moving vehicles;
(6) Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations;
(7) Where prohibited articles are in plain view;
(8) Search and seizure under exigent and emergency circumstances; and
(9) Conduct of areal target zoning or saturation drive/s as valid exercise of
military powers of the President (Guanzon vs. de Villa)

Valid Waiver of Constitutional Right

(1) Right exists
(2) That the person involved had knowledge, either actual or constructive of
the existence of such right; and
(3) That the person had an actual intention to relinquish the right.

Searches of Passengers at Airports

- When the accused checked in his luggage as a passenger of a plane, he
agreed to the inspection of his luggage in accordance with customs laws and
regulations, and thus waived any objection to a warrantless search.
- Search made pursuant to routine airport security is allowed under RA 6235,
which provides that every airline ticket shall contain a condition that hand-
carried luggage, etc., shall be subject to search, and this condition shall form
part of the contract between the passenger and the air carrier.

Stop and Frisk

- Vernacular designation of the right of a police officer to stop a citizen on the
street, interrogate him and pat him for weapons whenever he observes
unusual conduct which leads him to conclude that criminal activity may be
afoot.
- Requisites:
1. police officer should properly introduce himself and make initial inquiries
2. approach and restrain a person who manifests unusual and suspicious
conduct in order to check the latter’s outer clothing for possible concealed
weapon
3. must have a genuine reason, in accordance with experience and the
surrounding conditions, to warrant the belief that the person to be held has
weapons or contraband concealed about him
4. search and seizure should precede the arrest
?Exception: People vs. Sucro – warrantless search and seizure can be made
?without necessarily being preceded by an arrest provided that the said ?search
is effected on the basis of probable cause.
- People vs. Chua Ho San: contemporaneous search of a person arrested
may be effected for dangerous weapons or proofs or implements used in the
commission of the crime and which search may extend to the area within his
immediate control where he might gain possession of a weapon or evidence
he can destroy, a valid arrest must preceded a search.

Where the search (and seizure) is an incident to a lawful arrest;

- Search must be contemporaneous to arrest and made within a permissible
area of search.
- Requisites:
1. arresting officer must have probable cause in effecting the arrest; and
2. probable cause must be based on reasonable ground of suspicion or belief
that a crime has been committed or is about to be committed.

Permissible area of search

- may extend beyond the person of the one arrested to include the premises
or surroundings under his immediate control.

Seizure of allegedly pornographic material

(1) criminal charge must be brought against the person/s for purveying the
pornographic material/s;
(2) application for a search and seizure warrant obtained from a judge (who
shall determine the existence of probable cause);
(3) material confiscated brought to the court in the prosecution of the accused
for the crime charged;
(4) court will determine whether the confiscated items are really pornographic;
and
(5) judgment of acquittal or conviction rendered by the court accordingly
Fishing vessel found to be violating fishery laws may be seized without a
warrant:
(1) usually equipped with powerful motors that enable them to elude pursuit
and
(2) seizure would be incident to a lawful arrest

Search of moving vehicles

- justified on the ground that it is not practicable to secure a warrant because
the vehicle can be moved quickly out of the locality or jurisdiction in which the
warrant may be sought.
- Prevent violations of smuggling or immigration laws, provided that such
searches are made at borders or constructive borders (e.g. checkpoints near
the boundary lines of the state).

“Stop and search” without a warrant at a military or police checkpoints
- Not illegal per se so long as it is required by the exigencies of public order
and conducted in a way least intrusive to motorists. (Valmonte vs. de Villa)

Checkpoint Search
(1) Mere routine inspection: the search is normally permissible when it is
limited to a mere visual search, where the occupants are not subjected to a
physical or body search.
(2) Extensive search: constitutionally permissible if the officers conducting the
search had reasonable or probable cause to believe, before the search, that
either the motorist is a law offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be searched.

Inspection of buildings and other premises for the enforcement of fire, sanitary
and building regulations
- Exercise of police power of the State
- Must be conducted during reasonable hours

Prohibited articles are in plain view

- Objects in plain view of the officer who has the right to be in the position to
have that view.
- Police officer is not searching but inadvertently comes upon an incriminating
object.
- Requisites:
(1) Prior valid intrusion based on a valid warrantless arrest in which the police
are legally present in the pursuit of their official duties;
(2) Evidence was inadvertently discovered by the police who have the right to
be where they are;
(3) Evidence must be immediately apparent; and
(4) “Plain view” justified the seizure of the evidence without any further
search.
Plain View
- Object is plainly exposed to sight.
- Where the object seized is inside a closed package, the object is not in plain
view and, therefore, cannot be seized without a warrant.
- Package proclaims its contents à transparency, distinctive configuration or
contents are obvious to an observer.
- People vs. Salanguit: once the valid portion of the search warrant has been
executed, the “plain view” doctrine can no longer provide any basis for
admitting the other items subsequently found… (marijuana was also wrapped
in newspaper which was not transparent….warrant for shabu and drug
paraphernalia, found the shabu first)
- Doctrine is not an exception to the warrant. It serves to supplement the prior
justification. It is a recognition that of the fact that when executing police
officers come across immediately incriminating evidence not covered by the
warrant, they should not be required to close their eyes to it, regardless of
whether it is evidence of the crime they are investigating or evidence of some
other crime. It would be needless to require the police to obtain another
warrant.

Immediately apparent test

- Does not require an unduly high degree of certainty.
- Requires merely that the seizure be presumptively reasonable assuming that
there is probable cause to associate the property with criminal activity.
- Nexus exists between the viewed object and the criminal activity.

Exclusionary Rule: Evidence obtained in violation of Section 2, Article 3 shall

be inadmissible for any purpose in any proceeding because it is “the fruit of
the poisoned tree.”
- Property illegally seized may be used in evidence in the case filed against
the officer responsible for the illegal seizure.

Privacy of Communications and Correspondence

- The privacy of communication and correspondence shall be inviolable
EXCEPT upon lawful order of the court OR when public safety or order
requires otherwise as prescribed by law.
- Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

?Inviolability
- Exceptions:
(2) Lawful order of the court;
(3) Public safety or order requires otherwise, as may be provided by law.
- Includes tangible and intangible objects.
- RA 4200: illegal for any person not authorized by all the parties to any
private communication, to secretly record such communications by means of
a tape recorder. Telephone extension was not among the devices covered by
this law.
Freedom of Expression
- No law shall be passed abridging the freedom of speech, of expression nor
of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.
- Scope: Any and all modes of expression.

?Aspects:
(1) Freedom from censorship or prior restraint
- Need not be total suppression, even restriction of circulation constitutes
censorship.
- Section 11 (b), RA 6646: legitimate exercise of the police power of the State
to regulate media or communication and information for the purpose of
ensuring equal opportunity, time and space for political campaigns. Unrelated
to suppression of speech as it is only incidental and no more than is
necessary to achieve the purpose of achieving the purpose of promoting
equality.
- Movie censorship: movie, compared to other media of expression, have a
greater capacity for evil and must, therefore, be subjected to a greater degree
of regulation.
­ Power of MTRCB can be exercised only for purposes of “classification” not
censorship.
­ Primacy of freedom of expression over Enrile’s “right to privacy” because
Enrile was a “public figure” and a public figure’s right to privacy is narrower
than that of an ordinary citizen. (Ayer Productions vs. Judge Capulong)
­ Board of Review for Motion Pictures and Television (BRMPT) à “X­rating”
when the program would create a clear and present danger of an evil which
the State has the right to prevent. (Inglesi ni Cristo vs. CA)
- No law prohibiting the holding and reporting of exit poll. (ABS-CBN
Broadcasting Corporation vs. COMELEC)
­ Test for the validity of government regulation, valid if (O’Brien Test):
1. within the constitutional power of government;
2. furthers an important or substantial government interest;
3. government interest is unrelated to the suppression of free expression; and
4. incidental restriction on the freedom is no greater than is essential to the
furtherance of that interest.
- Overbreadth Doctrine: prohibits government from achieving its purpose by
“means that sweep unnecessarily broadly, reaching constitutionally protected
as well as unprotected activity.”
(2) Freedom from subsequent punishment
- Without this assurance, the individual would hesitate to speak for fear that
he might be held accountable for his speech, or that he might be provoking
the vengeance of the officials he may have criticized.
- Not absolute and may be properly regulated in the interest of the public.
- State may validly impose penal and/or administrative sanctions, such as:
1. Libel
- Public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance tending to
cause the dishonor, discredit or contempt of a natural or juridical person, or to
blacken the memory of one who is dead.
- Oral defamation is called slander.
- Every defamatory imputation is presumed to be malicious.
 Exceptions:
1. a private communication made by any person to another in the
performance of any legal, moral or social duty; and
2. fair and true report, made in good faith, without any comments or remarks,
of any judicial, legislative or other official proceedings which are not of a
confidential nature, or of any statement, report or speech delivered in said
proceedings, or of any act performed by public officers in the exercise if their
functions.
- Public has the right to be informed on the mental, moral and physical fitness
of candidates for public officer. The rule applies only to fair comments on
matters of public interest, fair comment being that which is true, or if false,
expresses the real opinion of the author based upon reasonable degree of
care and on reasonable grounds.
2. Obscenity
- Determination of what is obscene is a judicial function.
3. Criticism of official conduct
- US vs. Bustos: individual is given the widest latitude in criticism of official
conduct.
- Publication that tends to impede, embarrass or obstruct the court and
constitutes a clear and present danger to the administration of justice is not
protected by the guarantee of press freedom and punishable by contempt. It
is not necessary to show that the publication actually obstructs the
administration of justice; it is enough that it tends to do so.
- Freedom of press is subordinate to the decision, authority, integrity and
independence of the judiciary and the proper administration of justice.
4. Right of students to free speech in school premises not absolute
- Campus Journalism Act provides that a student shall not be expelled or
suspended solely on the basis of articles he or she has written, the same
should not infringe on the school’s right to discipline its students.
- The school cannot suspend or expel a student solely on the basis of the
articles he or she has written, except when such article materially disrupts
class work or involves substantial disorder or invasion of rights of others.

?Test of valid government interference

(1) Clear and Present Danger Rule
- Whether the words are used in such circumstances and of such nature as to
create a clear and present danger that they will bring about the substantive
evils that the State has the right to prevent.
- The substantive evil must be extremely serious and the degree of
imminence extremely high before utterances can be punished.
- Rule: the danger created must not only be clear and present but also
traceable to the ideas expressed.
­ “clear”: seems to point to a causal connection with the danger of the
substantive evil arising from the utterance questioned
­ “present” refers to the time element, identified with imminent and immediate
danger
- The danger must not only be probable, but very likely inevitable.
(2) Dangerous Tendency Rule
- Words uttered create a dangerous tendency of an evil which the State has
the right to prevent, then such words are punishable.
- Sufficient if the natural tendency and the probable effect of the utterance
were to bring about the substantive evil that the legislative body seeks to
prevent.
(3) Balancing of Interests Test
- When particular conduct is regulated in the interest of public order, and the
regulation results in an indirect, conditional or partial abridgment of speech,
the duty of the courts is to determine which of the two conflicting interests
demands the greater protection under the particular circumstances presented.
- Requires a court to take conscious and detailed consideration of the
interplay of interests observable in a given situation.

?Assembly and Petition

- Right to assemble is not subject to prior restraint.
- It may not be conditioned upon prior issuance of a permit or authorization
from government authorities.
- It must be exercised in such a way as will not prejudice the public welfare.
- PUBLIC PLACE: permit for the use of such place, and not for the assembly
itself, may be validly required. The power of local officials is merely one of
regulation.
- Permit to hold public assembly shall not be necessary where the meeting is
to be held in a PRIVATE PLACE.
 Public Assembly Act: a permit shall not be necessary where the meeting is
to be held in a private place, in the campus of the government­owned or –
operated educational institution, or in a freedom park.
 Where permit is required, written application shall be filed with the mayor’s
office at least 5 days before the scheduled meeting and shall be acted upon
within 2 days. Otherwise, permit shall be deemed granted.
 Denial shall be justified only upon clear and convincing evidence that the
public assembly will create a cleat and present danger to public order, safety,
convenience, morals and health.
 Action shall be communicated within 24 hours to the applicant… may
appeal to appropriate courts.
 Decision must be reached within 24 hours.
 The law permits law enforcement agencies to detail a contingent under a
responsible officer at least 100 meters away from the assembly in case it
becomes necessary to maintain order.
- Academic freedom of institutions of higher learning cannot be utilized to
discriminate against those who exercise their constitutional rights.
- Right to free assembly and petition prevails over economic rights.
- Education of the youth occupies a preferred position over the freedom of
assembly and petition.
- Tests priorly applied by the court:
1. purpose test
2. auspice test

Freedom of Religion
- No law shall be made respecting an establishment of religion or prohibiting
the free exercise thereof.
- The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall
be required for the exercise of civil or political rights.
- 2 guarantees:
1. non-establishment clause
2. freedom of religious profession and worship
- Non-establishment clause: separation of Church and State
1. cannot be registered as a political party;
2. no sectoral representative from the religious sector; and
3. prohibition against the use of public money or property for the benefit of any
religion, or of any priest, minister or ecclesiastic.
- Exceptions:
1. exception from taxation of properties actually, directly and exclusively used
for religious purposes;
2. citizenship requirement of ownership of educational institutions, except
those established by religious groups and mission boards;
3. optional religious instruction in public elementary and high schools à
expressed in writing by the parents/guardians, taught within regular class
hours; and without additional costs on the Government; and
4. appropriation allowed where the minister or ecclesiastic is employed in the
armed forces, penal institution or in the government-owned orphanage or
leprosarium.
- Scope:
1. State cannot set up a Church
2. nor pass laws which aid one religion, aid all religion or prefer one over
another;
3. nor force nor influence a person to go to or remain away from church
against his will;
4. or force him to profess a belief or disbelief in any religion.
­ The term “Non­Christian tribes” does not refer to religious belief but to
degree of civilization. (People vs. Cayat)
- Laws, e.g. Article 133 of the RPC, do not violate freedom of religion.
- Freedom of religion is accorded preferred status, designed to protect the
broadest possible liberty of conscience, to allow each man to believe as his
conscience directs, to profess his beliefs and to live as he believes he ought
to live, consistent with liberty of others and with the common good.
- Intramural religious disputes:
 Where a civil right depends upon some matter pertaining to ecclesiastical
affairs, the civil tribunal tries the civil right and nothing more.
 “Ecclesiastical Affair” is one that concerns doctrine, creed, or forum of
worship of the church, or the adoption and enforcement within a religious
association of needful laws and regulations for the government of the
membership, and the power of excluding from such associations those
deemed unworthy of membership.
 It is not for the Court to exercise control over Church authorities in the
performance of their discretionary and official functions; it is for the members
of religious institutions/organizations to conform to just church regulations.
- Free Exercise Clause
 Aspects of freedom of religious profession and worship:
1. right to believe, which is absolute
2. right to act according to one’s belief, which is subject to regulation.
 Constitutional guarantee of free exercise pf religious profession and
worship carries with it the right to disseminate religious information, and any
restraint of such right can be justified only on the ground that there is a clear
and present danger of an evil which the State has the right to prevent.
- The compelling State interest test:
 Estrada vs. Escritor (administratively charged with immorality for living with
a married man, not her husband; conjugal arrangement was in conformity with
their religious beliefs)
 “Benevolent Neutrality” recognizes that government must pursue its secular
goals and interests, but at the same time, strive to uphold religious liberty to
the greatest extent possible within flexible constitutional limits.
 Thus, although the morality contemplated by laws is secular, benevolent
neutrality could allow for accommodation of morality based on religion,
provided it does not offend compelling state interest.
 2 steps:
1) Whether respondent’s right to religious freedom has been burdened and
2) Ascertain respondents sincerity in his beliefs.
- State regulations imposed on solicitations for religious purposes do not
constitute an abridgment of freedom of religion; but are NOT covered by PD
1564 (Solicitation Permit Law) which required prior permit from DSWD in
solicitations for charitable or public welfare purposes;
- Free exercise clause does not prohibit imposing a generally applicable sales
and use tax on the sale of religious materials by a religious organization.
Resulting burden is so incidental as to make it difficult to differentiate it from
any other economic imposition that might make the right to disseminate
religious doctrines costly.

Liberty of Abode and of Travel

- The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court.
- Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.
- Limitations:
1) On liberty of abode: lawful order of the court
 Caunca vs. Salazar: maid has the right to transfer to another residence
even if she had not yet paid the amount advanced for her transportation from
the province by an employment agency;
 Rubi vs. Provincial Board of Mindoro: requiring some members of the non-
Christian tribes to reside only within a reservation, valid… to promote their
better education, advancement and protection.
 Universal Declaration of Human Rights: everyone has the right to leave any
country, including his own and to return to his country.
 Covenant on Civil and Political Rights: no one shall be arbitrarily deprived of
the right to enter his own country.
2) On right to travel: national security, public safety or public health, as may
be provided by law
- Lawful order of the court is a valid restriction.
- Court may validly refuse to grant the accused permission to travel abroad,
even if the accused in out on bail. (Manotoc vs. CA)
- Liberty of travel may be impaired even without court order, the appropriate
executive officers or administrative authorities are not armed with arbitrary
discretion to impose limitations.
- Principles:
1) The Hold­departure Order is but an exercise of the court’s inherent power
to preserve and maintain the effectiveness of its jurisdiction over the case and
over the person of the accused;
2) By posting bail, the accused holds himself amenable at all times to the
orders and processes of the court, thus, she may be legally prohibited from
leaving the country during the pendency of the case; and
3) Parties with pending cases should apply for permission to leave the country
from the very same courts which, in the first instance, are in the best position
to pass upon such applications and to impose appropriate conditions
therefore, since they are conversant with the facts of the cases and the
ramifications or implications thereof.
- The persons right to travel is subject to the usual constraints imposed by the
very necessity of safeguarding the system of justice. Whether the accused
should be permitted to leave the country for humanitarian reasons is a matter
addressed to the court’s discretion.

Right to Information
- Right of the people to information on matters of public concern shall be
recognized.
- Access to official records and to documents and papers pertaining to official
acts, transactions pr decisions as well as to government research data used
as basis for policy development shall be afforded the citizen, subject to such
limitations as may be provided by law.
- Scope of the Right: right to information contemplates inclusion of
negotiations leading to consummation of the transactions.
 The right only affords access, which means the opportunity to inspect and
copy them at his expense.
 Subject to regulations: to protect integrity of public records and to minimize
disruption of government operations.
- Exceptions:
1) Privileged communications rooted in separation of powers
2) Information on military and diplomatic secrets
3) Information affecting national security
4) Information on investigations of crimes by law enforcement agencies before
the prosecution of the accused.
- Need for publication of law reinforces this right.
- The manner of examining public records may be subject to reasonable
regulation by the government agency in custody.
- The duty to disclose the information of public concern, and to afford access
to public records cannot be discretionary on the part of said agencies. Its
performance may be compelled by mandamus.
- In Re: Request for Live Radio-TV Coverage of the Trial in the SB of the
Plunder Case against Former Pres. Joseph Ejercito Estrada, Secretary of
Justice Hernando Perez vs. Joseph Ejercito Estrada: when the constitutional
guarantees of freedom of the press and the right to public information, on the
one hand, and the fundamental rights of the accused, on the other hand,
along with the constitutional power of a court to control its proceedings in
ensuring a fair and impartial trial race against another, jurisprudence tells us
that the right of the accused must be preferred (losing not only his liberty but
also the very life of an accused).

Right to Form Associations

- The right of the people, including those employed in the public and private
sectors, to form unions, associations or societies for purposes not contrary to
law shall not be abridged.
- Scope: includes the right not to join or to disaffiliate from one.
- Right to Strike: members of the civil service may not declare a strike to
enforce economic demands.
- The ability to strike is not essential to the right of association.
- The right of the sovereign to prohibit strikes or work stoppages by public
employees is clearly recognized at common law. Modern rule merely
incorporate or reasserts said common law.
- Right is not absolute.
 Anti-Subversion Act
 Managerial employees: receive information that is not only confidential but
also generally not available to the public.

Non-impairment Clause
- No law impairing the obligation of contracts shall be passed.
- To fall within the prohibition, the change must not only impair the obligation
of the existing contract, but the impairment must be substantial.
- Change in the rights of the parties with reference to each other and not with
respect to non-parties.
- Impairment: anything that diminishes the efficacy of the contract
- Substantial impairment when the law changes either
1) Time of performance
2) Mode of performance
3) Imposes new conditions
4) Dispenses with those expressed
5) Authorizes for its satisfaction something different from that provided in its
terms
- Limitations:
1) Police power – public welfare is superior to private rights
2) Eminent domain
3) Taxation
- Franchises, privileges, licenses, etc do not come within the context of the
provision
 Subject to amendment alteration, or repeal by the Congress when common
good so requires.

Free Access to Courts

- Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
- Social justice provision providing for pauper suits.

Miranda Doctrine
- Any person under investigation for the commission of an offense shall have
 The right to be informed of his right to remain silent and
 To have competent and independent counsel preferably of his own choice.
- If the person cannot afford the services of counsel, he must be provided with
one.
- These rights cannot be waived, except
 In writing and
 In the presence of the counsel.
- No torture, force, violence, threat, intimidation or any other means which
vitiate the free will shall be used against him.
- Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
- Any confession or admission obtained in violation of this or Section 17 shall
be inadmissible in evidence against him.
- The law shall provide for penal and civil sanctions for violations of this
section, as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
- Rights are available only during custodial investigation.
 Custodial investigation or in-custody interrogation of accused person: any
questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any
significant way.
 Investigation ceases to be a general inquiry into an unsolved crime and
direction is aimed upon a particular suspect who has been taken into custody
and to whom the police would then direct interrogatory questions which tend
to elicit incriminating statements.
- Does not apply to spontaneous statement5s.
- Does not apply to admissions/confessions made by a suspect before he was
placed under custodial investigation.
­ Custodial investigation includes the practice of issuing an “invitation” to a
person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the inviting officer for any
violation.
- Police Line-up
 Not considered part of custodial investigation because it is conducted
before that stage of investigation is reached.
 Process has not yet shifted from the investigatory to the accusatory stage.
- People vs. Escordial
 Out­of­court identification may be made in a “show­up” (where the accused
is brought face to face with the witness for identification) or in a police line-up
(where the suspect is identified by a witness from a group of persons
gathered for that purpose).
 During custodial investigation, these have been described as “critical
confrontations of the accused by the prosecution” necessitating the presence
of counsel. This is because the result of these pre-trial proceedings might well
settle the fate of the accused and reduce the trial to a mere formality.
 Merely photographed or paraffin test, not yet under custodial investigation.
- Investigations not considered as custodial interrogations.
- Arrested person signs a booking sheer and an arrest report at the police
station, he does not admit the commission of an offense nor confess to any
incriminating circumstance. Said booking sheet is merely a statement of how
the arrest was made and has no probative value as an EJ statement of the
person detained.
- Rights guaranteed by this provision refers only to testimonial compulsion.
- What rights are available
1) To remain silent;
 No adverse inference from his refusal to answer.
2) To competent and independent counsel (preferably of his own choice; at all
stages of the proceeding);
 Attaches upon the start of the investigation;
 Lawyer should never prevent a person from telling the truth.
 RA 7438: Accused’s parent, older bro and sis, spouse, Mayor, Municipal
Judge, district school supervisor, or priest or minister of the gospel as chosen
by the accused, may appear in lieu of the counsel during the taking of an EJ
confession IF:
1) Counsel of accused is absent and
2) Valid waiver had been executed.
 “competent and independent” à willing to safeguard the constitutional rights
of the accused, as distinguished from one who would merely be giving a
routine peremptory and meaningless recital of the individual’s constitutional
rights.
 Mere pro forma appointment of a counsel de officio who fails to genuinely
protect the interests of the accused merits disapprobation.
 Independent Counsel: not special counsel, City legal officer, Mayor,
public/private prosecutor, counsel of the police, or a municipal attorney, whose
interest is admittedly adverse to the accused.
 “Preferably of his own choice” does not mean that the choice of a lawyer by
a person under investigation is exclusive as to preclude other equally
competent and independent attorneys from handling the defense.
 Choice of lawyer when accused cannot afford – final say is still with the
accused who may reject said lawyer; deemed engaged by the accused when
he does not object.
 Confession obtained after charges had already been filed: The right to
counsel still applies in certain pre-trial proceedings that are considered critical
stages in the criminal process. Custodial interrogation before or after charges
have been filed, and non-custodial interrogation after the accused has been
formally charged, are considered “critical pre­trial stages” in the criminal
process.
3) To be informed of such rights;
 Transmission of meaningful information rather than just ceremonial and
perfunctory recitation of an abstract constitutional principle.
 P must show that the accused understood what he read and the
consequences of his waiver.
 Right to be informed carries with it the correlative obligation on the part of
the investigator to explain and contemplates an effective communication
which results in the subject understanding what is conveyed. (degree of
explanation depends on the personal circumstances of the accused)
4) Rights cannot be waived except in writing and signed by the person in the
presence of his counsel;
5) No torture, force, violence, etc. which vitiates free will shall be used;
6) Secret detention places, etc. are prohibited; and
7) Confessions/admissions obtained in violation of rights are inadmissible in
evidence.
 2 Kinds of Involuntary/Coerced Confession
2) Coerced confession, the product of third degree methods
3) Uncounselled statements, without the benefit of the Miranda warning
 Alleged infringement of the constitutional rights of the accused during
custodial investigation is relevant and material only where an extrajudicial
confession/admission from the accused becomes the basis of conviction.
 1973 Constitution does not distinguish between verbal and non-vernal
confession.
 A person suspected of having committed a crime and subsequently
charged with its commission has the following rights in the matter of his
testifying or producing evidence:
1) Before case is field in court or with public prosecutor for preliminary
investigation, but after having been taken into custody or otherwise deprived
of his liberty and on being interrogated by the police
 To remain silent
 Right to counsel
 To be informed of such right
 Not to be subjected to torture, violence, threat, intimidation or any other
means which vitiates free will and
 To have evidence obtained in violation of these rights rejected and
inadmissible.
2) After the case is filed in court
 To refuse to be a witness
 Not to have nay prejudice by such refusal
 To testify in his own behalf, subject to cross-examination
 While testifying, refuse to answer an incriminating question
- Waiver
(1) Must be in writing and made in the presence of the counsel
(2) No retroactive effect – no application to waivers made prior to APRIL 26,
1983, the promulgation of Morales.
(3) Burden of proof – burden of proving valid waiver is with the prosecution.
 Presumption that official duty has been regularly performed cannot prevail
over the presumption of innocence.
(4) What may be waived
 Right to remain silent
 Right to counsel
 NOT the right to be informed of these rights.
- Guidelines for Arresting/Investigating Officers (People vs. Mahinay)
(1) Person arrested, detained, invited or under custodial investigation must be
informed in a language known to and understood by him of the reason for his
arrest and must be shown the warrant of arrest, if any.
(2) He must be warned that he has the right to remain silent and that any
statement he makes may be used as evidence against him.
(3) He must be informed that he has the right to be assisted at all times and
have the presence of an independent and competent lawyer, preferably of his
own choice.
(4) He must be informed that if he has no lawyer or cannot afford one, a
lawyer will be provided for him; and that a lawyer may also be engaged by
any person in his behalf or may be appointed by the Court upon petition of the
person or one acting in his behalf.
(5) That whether or not the person arrested has a lawyer, he must be
informed that no custodial investigation in any form shall be conducted except
in the presence of his counsel or after a valid waiver.
(6) The person arrested must be informed that, at any time, he has the right to
communicate or confer by the most expedient means with his lawyer, any
member of his immediate family, or any medical doctor, priest or minister
chose by him or anyone of his immediate family or by his counsel, or be
visited by/confer with duly accredited national or international non-
governmental organization. It shall be the responsibility of the officer to ensure
that this is accomplished.
(7) He must be informed that he has the right to waive any said rights
provided it is made voluntarily, knowingly and intelligently, and ensure that he
understood the same.
(8) If the person arrested waives his right to a lawyer, he must be informed
that this must be done in writing and in the presence of the counsel, otherwise
he must be warned that the waiver is void even if he insists in his waiver and
chooses to speak.
(9) The person arrested must be informed that he may indicate in any manner
at any time or stage of the process that he does not wish to be questioned
with a warning that once he makes such indication the police may not
interrogate him if the same had not yet commenced or the interrogation must
cease if it had already begun.
(10) The person arrested must be informed that the initial waiver of his right to
remain silent, the right to counsel or to any other rights does not bar him from
invoking it at any time during the process, regardless of whether he may have
answered some questions or volunteered some statements.
(11) He must be informed that any statement or evidence, as the case may
be, obtained in violation of any of the foregoing, inculpatory or exculpatory, in
whole or in part, shall be inadmissible.
- Exclusionary Rule: Confession/Admission obtained in violation of Section 12
and 17, Article III of the Constitution shall be inadmissible in evidence.
- Confession: declaration made voluntarily and without compulsion or
inducement by a person acknowledging that he has committed or participated
in the commission of a crime.
- Any allegation of force, duress, undue influence or other forms of
involuntariness in exacting such confession must be proved y clear,
convincing and competent evidence by the defense. Otherwise, the
confession’s full probative value may be used to demonstrate the guilt of the
accused.
- Fruit of the Poisonous Tree: (Justice Frankfurter à Nardone vs. US)
 Once the primary source is shown to have been unlawfully obtained, any
secondary or derivative evidence derived from it is also inadmissible.
 Basis: evidence illegally obtained by the State should not be used to gain
other evidence.
- Receipt of Seized Property if signed by the accused without assistance of
counsel and not having been informed of his constitutional rights is
inadmissible.
 People vs. Linsangan: initialed the P10 bill that the police found tucked in
his waist. Valid. Because possession of marked bills did not constitute a
crime, the subject if the prosecution being his act of selling marijuana cigs.
­ Re­enactment of the Crime – before, must be appraised of his constitutional
rights.
­ Res Gestae – admissible.
- Waiver of Exclusionary Rule: failure to object to offer in evidence.

Right to Bail
- All persons except those charged with an offense punishable by RP, when
evidence of guilt is strong, shall before conviction be bailable by sufficient
sureties or be released on recognizance as may be provided by law.
- The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended.
- Excessive bail shall not be required.
- Bail: is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any
court as may be required.
- Any person under detention, even if no formal charge have yet been field,
can invoke the right to bail.
- When bail is authorized, it should be granted before arraignment, otherwise,
the accused may be precluded from filing a motion to quash.
- Exceptions:
1. when charged with an offense punishable by RP (or higher) and evidence
of guilt is strong
2. traditionally, not available to military
- Duty of the Court when accused is charged with an offense punishable by
RP or higher.
 Hearing on the motion for bail must be conducted by the judge.
 Prosecution must be given an opportunity to present all the evidences.
 Applicant having right of cross-examination and to introduce evidence in
rebuttal.
 If prosecution refuses to adduce evidence or fails to interpose an objection
to the motion for bail, it is still mandatory for the court to conduct a hearing or
ask searching and clarificatory questions from which it may infer the strength
of the evidence of guilt or lack of it.
- The hearing on the petition for bail need not at all times precede
arraignment, because the rule is that a person deprived of his liberty by virtue
of his arrest or voluntary surrender may apply for bail as soon as he is
deprived of his liberty, even before a complaint or information is filed against
him.
­ Court’s order granting or refusing bail must contain summary of evidence for
the prosecution.
- The assessment of the evidence presented during bail hearing is only for the
purpose of granting or denying an application for the provisional release of the
accused à liberal in their approach, not being a final assessment.
- Bail is either:
1) A matter of right
 Before or after conviction by MeTC, MTC MTC in Cities, MCTC
 Before conviction by RTC of an offense not punishable by death, RP or life
imprisonment.
2) Judges discretion
 Upon conviction by RTC of an offense not punishable by death, RP or life
imprisonment.
 The court, in its discretion, may allow the accused to continue on
provisional liberty under the same bail bond during the period to appeal,
subject to consent of bondsman.
 If court imposes penalty of imprisonment of 6-20 years, accused shall be
denied bail or bail previously granted cancelled, upon showing by prosecution
that:
1) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;
2) The accused is found to have previously escaped from legal confinement,
evaded sentence or has violated the conditions of his bail without valid
justification;
3) The accused committed the offense while on probation, parole or under
conditional pardon;
4) Circumstances of the accused or his case indicate the probability of flight if
released on bail; and
5) Undue risk that during pendency of the appeal, the accused may commit
another crime.
3) Denied
 Accused is charged with a capital offense or an offense punishable by RP
or higher and evidence of guilt is strong.
 Principle denying bail to an accused charged with a capital offense where
evidence of guilt is strong, applies with equal force to the appellant who,
though convicted of an offense not punishable by death, RP, or life
imprisonment was nevertheless originally charged with a capital offense.
- Standards for fixing bail
1) Financial ability of the accused
2) Nature and circumstances of the offense
3) Penalty for the offense charged
4) Character and reputation of the accused
5) Penalty for the offense charged
6) Weight of the evidence against him
7) Age and health
8) Probability of appearing at the trial
9) Forfeiture of other bonds by him
10) Fact that he was a fugitive from justice when arrested
11) Pendency of other cases in which he is under bond
- Right to Bail and Extradition (Government of the U.S. vs. Judge Purungan
and Mark Jimenez)
 The constitutional provision on bail applies only when a person is arrested
and detained for violation of Philippine criminal laws. It does not apply to
extradition proceedings, because extradition courts do not render judgments
of acquittal or conviction.
 It flows from the presumption of innocence in favor of every accused who
should not be subjected to the loss of freedom unless his guilt is proved
beyond reasonable doubt. The constitutional provision on bail will not apply to
a case of extradition where the presumption of innocence is not an issue.
 Extradition proceedings are separate and distinct from the trial of the
offenses for which he is charged.
 He should apply for bail before the courts trying the criminal cases against
him, not before the extradition court.
 After a potential extradite has been arrested and placed under custody of
the law, bail may be applied for and granted as an exception, only after clear
and convincing showing that
a. Once granted bail, the applicant will not be a flight risk or a danger to the
community, and
b. There exists special, humanitarian and compelling circumstances.
­ Waiver of the Right to Bail – personal to the accused.
- The right to bail is not impaired by the suspension if the privilege of the writ
of habeas corpus.

Constitutional Rights of the Accused

- No person shall be held to answer for a criminal offense without due process
of law.
- In all criminal prosecutions,
 the accused shall be presumed innocent until the contrary is proved,
 and shall enjoy the right to be heard by himself and counsel,
 to be informed of the nature and cause of accusation against him,
 to have a speedy, impartial and public trial,
 to meet the witnesses face to face, and
 to have compulsory process to secure the attendance of the witnesses and
the production of evidence in his behalf.
- After arraignment, trial may proceed notwithstanding the absence of the
accused, provided that he has been duly notified and the failure to appear is
unjustifiable.
- Criminal due process:
1) accused has been heard in a court of competent jurisdiction
2) accused is proceeded against under the orderly processes of law
3) accused has been given notice and the opportunity to be heard
4) judgment rendered was within the authority of a constitutional law
- Unreasonable delay in resolving complaint is violation of the right to due
process and to speedy trial à dismissal of complaint.
 Exception: petitioner’s own acts or complexity of the issues involved.
- Hearing before an impartial and disinterested tribunal. Bias must be shown
by clear and convincing evidence.
- Right to a hearing
- Plea of guilt to a capital offense. Mandatory that:
1) TC must conduct a searching inquiry into the voluntariness of the plea and
the full comprehension of the consequences;
2) Prosecution should present evidence to prove the guilt of the accused and
the precise degree of his culpability; and
3) Accused must be asked if he desires to present evidence in his behalf and
should be allowed to do so if he desires.
- The State and the offended party are entitled to due process
- Presumption of Innocence: every circumstance favoring the innocence of the
accused must be taken into account.
 Will NOT apply if there is some logical connection between the fact proved
and the ultimate fact presumed, and the inference of one fact from proof of
another shall not be so unreasonable as to be purely arbitrarily mandate.
 Can be invoked only by an individual accused of a criminal offense.
 Corporate entity has no personality to invoke the same.
- Presumption that official duty was regularly performed cannot, by itself,
prevail over the constitutional presumption of innocence.
 Exception: when it is not the sole basis for conviction.
- Constitutional presumption may be overcome by contrary presumptions
based on experience of human conduct. (e.g. unexplained wealth)
- Circumstantial evidence in order to warrant conviction:
1) More than one circumstance
2) Facts from which the inference are derived are proven
3) Combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.
- Equipose Rule: applicable only when the evidence adduced by the parties
are evenly balanced, in which case the constitutional presumption of
innocence should tilt the scales in favor of the accused.
- Right to be heard by himself and counsel: efficient and truly decisive legal
assistance.
 Proceeds from fundamental principle of due process.
 Right to counsel during the trial is not subject to waiver because even the
most intelligent or educated man may have no skill in the science of law,
particularly in the rules of procedure, and without counsel. He may be
convicted not because he is guilty but because he does not know how to
establish his innocence.
 Failure of the record to disclose affirmatively that the TC advised the
accused of his right to counsel is not sufficient ground to reverse conviction.
The TC must be presumed to have complied with the procedure prescribed by
law for the hearing and trial of the cases, and such presumption can be
overcome only by an affirmative showing to the contrary.
- Right to counsel is not indispensable to due process of law.
 Exceptions: cannot be waived during trial.
 But this is not absolute. Option cannot be used to sanction reprehensible
dilatory tactics, to trifle with ROC, or prejudice the equally important rights of
the State and the offended party to speedy and adequate justice.
­ “Preference in the choice of counsel” pertains more aptly and specifically to
a person under custodial investigation rather than one who is accused in a
criminal prosecution. Such preferential discretion cannot partake of discretion
so absolute and arbitrary as would make the choice of counsel refer
exclusively to the prediction of the accused.
- General Rule: a client is bound by the mistakes of his lawyer
 Exceptions: when the negligence or incompetence of counsel is deemed
gross as to have prejudiced the constitutional right of the accused to be
heard.
- Right to be informed of the nature and cause of accusation against him.
 Reasons:
1. furnish the accused with such a description of the charge against him as
will enable him to prepare for his defense;
2. avail himself of his conviction or acquittal for protection against a further
prosecution for the same cause; and
3. to inform the Court of the facts alleged, so that it may decide whether they
are sufficient in law to support a conviction.
- When a judge is informed or discovers that an accused is apparently in a
condition of insanity or imbecility, it is within his discretion to investigate the
matter.
- Requisites: The information must state:
1. name of the accused
2. designation of the offense given by statute
3. statement of acts or omissions so complained of as constituting the offense
4. name of the offended party
5. approximate time and date of the commission of the offense
6. place where the offense has been committed
7. facts and circumstances that have a bearing on the culpability and liability
of the accused
- Every element of the offense must be alleged in the complaint or
information, because the accused is presumed to have no independent
knowledge of the facts that constitute the offense charged.
- Not necessary to state the precise time when the offense was committed
except when time is a material ingredient of the offense.
- Description not the designation of the offense controls.
- Accused can be convicted only of the crime alleged or necessarily included
in the allegations in the information.
- While a TC can hold a joint trial of 2 or more criminal case and can render a
consolidated decision, it cannot convict the accused of the complex crime
constitutive of the various crimes of the 2 informations.
- Void for Vagueness Rule: the law is deemed void where the statute itself is
couched in such indefinite language that it is not possible for men of ordinary
intelligence to determine what acts or omissions are punishable.
- The right to be informed of the nature and cause of the accusation against
may not be waived but the defense may waive the right to enter a plea and let
the court enter a plea of not guilty.
- Indictment must fully state the elements of the specific offenses alleged to
have been committed. An accused cannot be convicted of an offense, even if
duly proven, unless it is alleged or necessarily included in the complaint or
information.
 Different matter if the accused themselves refused to be informed of the
nature and cause of the accusation against them.
- Accused may be convicted of as many offenses charged in the information
and proved during the trial, where he fails to object to such duplicitous
information during the arraignment.
- Information which lacks certain material allegations may sustain a conviction
if the accused fails to object to its sufficiency during trial and deficiency is
cured by competent evidence presented therein.
- Right to Speedy, Impartial and Public Trial
 Speedy Trial
• Free from vexatious, capricious and oppressive delays.
• Accused entitled to dismissal, equivalent to acquittal, if trial is unreasonably
delayed.
• Relative – subject to reasonable delays and postponements arising from
illness, medical attention, body operations, etc.
• Aggrieved party also has the same rights as the accused.
• Separate trial is in consonant with the right of the accused to a speedy trial.
• RA 8493 (Speedy Trial Act):
o Arraignment of the accused – w/in 30 days from the filing of the information
or from the date the accused has appeared before the justice, judge or court
in which the charge is pending, whichever date last occurs.
o If plea of not guilty – has 15 days to prepare for trial.
o Trial shall commence w/in 30 days from arraignment as fixed by the court.
o No case shall the entire trial period exceed 180 days from the first day of
trial, except as otherwise authorized by the Chief Justice of the SC.
 Impartial Trial
• “cold neutrality of an impartial judge” – for the benefit of the litigants and is
also designed to preserve the integrity of the judiciary and to gain and
maintain the people’s faith in the institution s they have erected when they
adopted the Constitution.
• Pervasive publicity is not per se prejudicial to the right of the accused to a
fair trial.
• Trial judges must be accorded a reasonable leeway in asking questions as
may be essential to elicit relevant facts and to bring out the truth. This is not
only a right but also duty of the judge.
 Public Trial
• Intended to prevent abuses that may be committed against accused.
• Not absolute.
• Not synonymous to publicized trial.
• Means that the court doors must be open to those who wish to come, sit in
the available seats, conduct themselves with decorum and observe trial
processes.
­ Right to Meet the Witnesses Face to Face – right to cross­examine the
complainant and the witnesses.
 Testimony of the witness who has not submitted himself to cross-
examination is not admissible in evidence being hearsay.
 This right can be waived.
- Right to Compulsory Process to secure the attendance of witnesses and the
production of evidence.
 Subpoeana – process directed to a person requiring him to attend and to
testify at the hearing or trial of an action or at any investigation conducted
under the laws of the Philippines or for the taking of his deposition.
 2 kinds:
1. subpoena ad testificandum: compel a person to testify
2. subpoena duces tecum: compel the production of books, records, things or
documents
o test of relevancy: books, documents or other things requested must appear
prima facie relevant to the issue subject of the controversy
o test of definiteness: such books must be reasonably described by the
parties to be readily identified
- Requisites:
1. evidence is really material
2. accused is not guilty of neglect in previously obtaining the production of
such evidence
3. the evidence will be available at the time desired
4. no similar evidence can be obtained.
- Trial in absentia
 Purpose is to speed up the disposition of criminal cases.
 Mandatory upon the court whenever the accused has been arraigned,
notified of the date/s of hearing/s and his absence is unjustified.
 After the accused has waived further appearance during trial, he can still be
ordered arrested by the court for non-appearance upon summons to appear
for purposes of identification.
 Presence of the accused is mandatory:
1. arraignment and plea
2. during trial, for purposes of identification
3. promulgation of sentence, except for light offense wherein accused may
appear by counsel/representative
 Accused who escapes from confinement, jumps bail or flees to a foreign
country, loses his standing in court and unless he surrenders or submits
himself to the jurisdiction of the court, he is deemed to waive his right to seek
relief from the court.

Habeas Corpus
- The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when public safety requires it.
- Definition: a writ issued by a court directed to a person detaining another,
commanding him to produce the body of the prisoner at a designated time
and place, with the day and cause of his caption/detention, to do, to submit to
and to receive whatever the court/judge awarding the writ shall consider in his
behalf.
- When available: restores the liberty of an individual subjected to physical
restraint. It secures to the prisoner the right to have the cause of his detention
examined and determined by the courts; and to have the issue ascertained as
to whether he is held under lawful authority.
- May also be availed of where, as a consequence of a judicial proceeding:
1. there has been deprivation of constitutional rights
2. the court has no jurisdiction to impose the sentence
3. excessive penalty has been imposed, since such sentence is void as to the
excess.
- The writ will not issue where the person alleged to be restrained on liberty is
in the custody of an officer under a process issued by the court which has
jurisdiction to do so.
- Even if the detention is at its inception illegal, supervening events such as
the issuance of a judicial process, may prevent the discharge of the detained
person.
- That the preliminary investigation was invalid and that the offense had
already prescribed is not a ground to grant the issuance of habeas corpus.
 Remedy: motion to quash the WOA or file a motion to quash the information
based on prescription.
- Desaparecidos (disappeared persons), persons in whose behalf the writ was
issued could not be found à Remedy: refer the matter to the Commission on
Human Rights
 In case of doubt, the burden of proof rests on the officers who detained
them and who claim to have effected the release of the detainees.
- All courts of competent jurisdiction may entertain petitions for HC to consider
the release of petitioners convicted of violation of the Dangerous Drugs Act,
provided they have served the maximum term of the applicable penalties
newly prescribed by RA 7659.
­ HC lies only where the restraint of the person’s liberty has been judicially
adjudged to be illegal or unlawful.
- Loss of judicial records, after 12 years of detention in the service of the
sentence imposed upon conviction, will not entitle him to be released on HC.
à Remedy: reconstitution of judicial records.
- Have to comply with the writ. Disobedience constitutes contempt of court.

- In case of invasion or rebellion, when the public safety requires it, the
President may for a period not exceeding 60 days, suspend the privilege of
the writ of HC.
- W/in 48 hours from the suspension, the President shall submit a report, in
person or in writing, to Congress.
- Congress, voting jointly by a majority vote of at least a majority of all its
members in regular or special session may revoke such proclamation or
suspension, such revocation shall not be set aside by the President.
- Upon initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by
Congress, if the invasion or rebellion shall persists and public safety requires
it.
- SC may review, in appropriate proceeding filed by any citizen, the sufficiency
of the factual basis for the proclamation of martial law and the suspension of
the privilege of the HC or the extension thereof.
- SC must promulgate its decision w/in 30 days from filing.
- The suspension of the privilege of the writ shall apply only to persons
charged for rebellion or offenses inherent in or directly connected with
invasion.
- During the suspension of the privilege of the writ, any person thus arrested
or detained shall be judicially charged within 3 days, otherwise he shall be
released.

- Suspension of the privilege does not suspend the right to bail.

Speedy Disposition of Cases

- All persons shall have the right to a speedy disposition of cases before all
judicial, quasi-judicial or administrative bodies.
- Not limited to the accused in a criminal proceedings, but extends to all
cases, including civil and administrative cases and in all proceedings including
judicial and quasi-judicial hearings.
- Like right to speedy trial, this right is violated only when the proceedings are
attended by vexatious, capricious and oppressive delays or when unjustified
postponements of the trial are asked for and secured, or when without cause
or justifiable motive a long period of time is allowed to elapse without the party
having his case tried.
- Unlike right to speedy trial, this right is available not only during trial but also
when the case has already been submitted for decision.
- Right extends to all citizens, including those in the military, and covers the
period before, during and after trial.
- Right can be waived à failure to seasonably assert this right.

Self-incrimination
- No person shall be compelled to be a witness against himself.
- Right is available not only in criminal prosecutions but also in all other
government proceedings, including civil actions and administrative or
legislative investigations.
- It may be claimed not only by the accused but also by any witness to whom
a question calling for an incriminating answer is addressed.
- General Rule: it may be invoked only when and as the question calling for an
incriminating answer is asked. This applies only to ordinary witness.
 In criminal prosecution accused may not be compelled to take the witness
stand.
 Similarly applicable to a respondent in an administrative proceeding.
- Scope: not against all compulsion, but testimonial compulsion only. (not the
inclusion of his body in evidence when it may be material)
 Prohibition extends to the compulsion for the production of documents,
papers and chattels that may be used as evidence against the witness, except
where the State has a right to inspect the same such as the books of
accounts of corporations, under the police or taxing power or where a
government official is required to produce official documents/public records
which are in their possession.
 Also protects the accused against any attempt to compel him to furnish a
specimen of his handwriting in connection with a prosecution for falsification.
- Immunity:
1) Transactional Immunity: witness immune from any criminal prosecution for
an offense to which his compelled testimony relates.
2) Use and Fruit Immunity: prohibits the use of the witness’ compelled
testimony and its fruits in any manner in connection with the criminal
prosecution of the witness.
­ Those granted this privilege paid a high price – the surrender of their right to
remain silent. Should be given a liberal interpretation.
- Waiver: either directly or by failure to invoke it, provided that the waiver is
certain and unequivocal and intelligently made.

Non-detention by Reason of Political Beliefs or Aspirations

- No person shall be detained solely by reason of his political beliefs or
aspirations.

Involuntary Servitude
- No involuntary servitude in any form exist except as a punishment for a
crime whereof the party shall have been duly convicted.
- Exceptions:
1) Punishment for a crime whereof one has been duly convicted;
2) Patria potestas
3) Posse comitatus
4) Return to work order in industries affected by public interest
5) Service in defense of the state
6) Naval (merchant marine) enlistment

Prohibited Punishment
- Excessive fines shall not be imposed.
- Nor cruel, degrading or inhuman punishment inflicted.
- Neither shall death penalty be imposed, unless for compelling reasons
involving heinous crimes, the Congress hereafter provides for it.
- Any death penalty already imposed shall be reduced to RP.
- The employment of physical, psychological or degrading punishment against
any prisoner or detainee, or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
- Mere severity does not constitute cruel or unusual punishment.
- The penalty must be flagrantly and plainly oppressive, wholly
disproportionate to the nature of the offense as to shock the moral sense of
the community.
- Death penalty is not a cruel or unusual punishment. It is an exercise of the
State’s power to secure society against the threatened and actual evil.
Automatic review in death penalty cases shall proceed even in the absence of
the accused, considering that nothing less than life is at stake and any court
decision must be error-free as possible.

Non-imprisonment for Debt

- No person shall be imprisoned for debt or non-payment of a poll tax.
- While the debtor cannot be imprisoned for failure to pay his debt, he can be
validly punished in a criminal action if he contracted his debt through fraud, as
his responsibility arises not from the contract of loan, but from the commission
of the crime.

Double Jeopardy
- No person shall be twice put in jeopardy of punishment for the same offense.
- If an act is punished by law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
- Requisites:
1. valid complaint or information
 does not attach in preliminary investigation.
2. filed before a competent court
 mistake has been made in charging the proper offense, the first charge
shall be dismissed to pave the way for the filing of the proper offense. The
dismissal of the first case will not give rise to double jeopardy inasmuch as the
court does not have jurisdiction over the case,
3. to which defendant had pleaded
 no arraignment = no double jeopardy
 grant of motion to quash, filed before the accused makes his plea, can be
appealed by the prosecution because the accused has not yet been placed in
jeopardy.
4. defendant was previously acquitted or convicted, or the case dismissed or
otherwise terminated without his express consent
 promulgation of only one part of the decision is not a bar to the
promulgation of the other part, the imposition of the criminal accountability
and does not constitute a violation of the proscription against double jeopardy.
- Dismissal of action
1. permanent dismissal
1) termination of the case on the merits resulting in either conviction or
acquittal
2) dismissal of the case because of the prosecution’s failure to prosecute
3) dismissal on the ground of unreasonable delay in violation of the right to
speedy trial
2. provisional dismissal – dismissal without prejudice to reinstatement before
order of dismissal becomes final or to subsequent filing of a new information
within the periods allowed by law.
­ Express consent – directly given, either viva voce or in writing, a positive,
direct, unequivocal consent requiring no inference or implication to supply its
meaning.
- When dismissal is made at the instance of the accused, there is no double
jeopardy.
- When the ground for motion to dismiss is insufficiency of evidence (grant of
demurrer) à equivalent to an acquittal and any further prosecution would
violate the constitutional proscription against double jeopardy.
- When the proceedings have been unreasonably prolonged as to violate the
right of the accused to speedy trial à double jeopardy
­ Revival of the case provisionally dismissed – time­bar for the revival of
criminal cases provisionally dismissed with the express consent of the
accused and with prior notice to the offended party:
1) 2 years if the offense charged is penalized by more than 6 years
imprisonment
2) 1 years if the penalty imposed does not exceed 6 years imprisonment or a
fine in whatever amount
- Prohibits the state from appealing or filing a petition for review if judgment of
acquittal that was based on the merits of the case. Certiorari will lie to correct
errors of judgment.
- Double jeopardy provides three related protections:
1) Against 2nd prosecution for the same offense after acquittal;
2) Against a 2nd prosecution for the same offense after conviction; and
3) Against multiple punishments for the same offense.
- Instances when prosecution may appeal
1) Prosecution is denied due process, such denial results in loss or lack of
jurisdiction and this appeal may be allowed
2) Accused has waived or is estopped from invoking his right against double
jeopardy
- No double jeopardy
1) Mistrial
2) State is deprived of fair opportunity to prosecute and prove its case
3) Dismissal of information/complaint is purely capricious
4) Lack of proper notice to be heard
5) Accused waives or is estopped from invoking his right against double
jeopardy.
6) Dismissal/acquittal is made with grave abuse of discretion
­ Discharge of co­accused to be utilized as government witness –
- Accused cannot be prosecuted anew for an identical offense, or for any
attempt to commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in the
original complaint or information.
­ Doctrine of Supervening Event – the accused may still be prosecuted for
another offense if a subsequent development changes the character of the
first indictment under which he may have already been charged or convicted.
 The conviction of the accused shall not be a bar to another prosecution for
an offense which necessarily includes the offense charged in the original
complaint or information when:
b. Graver offense developed due to supervening facts arising from the same
act or omission;
c. Facts constituting the graver offense or were discovered only after the filing
of the former complaint or information; or
d. The plea of guilty to a lesser offense was made without the consent of the
fiscal or the offended party.

Ex post facto law and Bill of attainder

- No ex post facto law or bill of attainder shall be enacted.
- Ex post facto law
 Kinds
a. Law that makes criminal an action done before the passage of the law and
which was innocent when done, and punishes such action;
b. Law that aggravates a crime, or makes it greater than it was when
committed;
c. Law that changes the punishment, and inflicts a greater punishment than
the law annexed to the crime when committed;
d. Law that alters legal rules of evidence and receives less or different
testimony than the law required at the time of the commission of the offense,
in order to convict the offender;
e. Law which, assuming to regulate civil rights and remedies only, in effect
imposes a penalty or the deprivation of a right for something which when done
was lawful;
f. Law which deprives a person accused of a crime of some lawful protection
to which they have been entitled
 Characteristics
a. Retroactive
b. Works to the prejudice of the accused
c. Refers to criminal matters
- Bill of attainder
 Definition: legislative act that inflicts punishment without trial.
 Substitutes legislative fiat for a judicial determination of guilt.
 It is only when the statute applies either to named individuals or to easily
ascertainable members of a group in such a way as to inflict punishment on
them without judicial trial that it becomes a bill of attainder.
 Anti-Subversion Act is not a bill of attainder. à simply declares that the
Communist Party is an organized conspiracy to overthrow the Government
and for definitional purposes only.

VII. CITIZENSHIP
- Definition: membership in a political community which is personal and more
or less permanent in character.
- Nationality is membership in any class or form of political community. It does
not necessarily include the right/privilege of exercising civil or political rights.
- Modes of acquiring:
1) Marriage
2) Birth
- Jus soli
- Jus sanguinis
3) Naturalization
­ Natural­born citizens – citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.
­ Marriage by Filipino to an alien – citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it.
- Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law.
- Dual citizenship as a disqualification under the LGC must refer to dual
allegiance.
- For candidates with dual citizenship, it is sufficient that they elect Philippine
citizenship upon the filing of their certificate of candidacy to terminate their
status as persons with dual citizenship.
 Filing of certificate of candidacy is sufficient to renounce foreign citizenship.
­ Attack on one’s citizenship may be made only through a direct and not
collateral attack.
- Doctrine of res judicata does not ordinarily apply to questions of citizenship.
 Exception:
1) Person’s citizenship is resolved by a court or an administrative body as a
material issue in the controversy, after full-blown hearing
2) Active participation of the SolGen or his representative
3) Finding of citizenship is affirmed by the SC
- Citizens of the Philippines
1) Citizens of the Philippines at the time of the adoption of the 1987
Constitution
2) Whose fathers or mothers are citizens of the Philippines
3) Born before January 17, 1973, of Filipino mothers, who elect Philippines
citizenship upon reaching the age of majority
 Election stated in a statement to be signed and sworn to by the party
concerned before any official authorized to administer oath.
 Filed with the nearest Civil Registry
 Accompanied with the Oath of Allegiance to the Constitution and the
Government
 Within 3 years from reaching the age of majority except when there is
justifiable reason for delay.
 Doctrine of Implied Election – exercise of right of suffrage and participation
in the election exercises
 Right is available to the child as long as the mother was a Filipino citizen at
the time of the marriage to the alien, even if by reason of such marriage, she
lost her Philippine citizenship and even if the mother was not a citizen at time
of birth.
 Right to elect Philippine citizenship is an inchoate right
 During his minority, child is an alien.
 Apply only to legitimate children.
 If the child is illegitimate, he follows the status and citizenship of his known
parent, the mother.
4) Naturalization

- Modes of Naturalization
 Direct
2) Judicial or administrative proceedings
3) Special act of legislature
4) Collective change of nationality, resulting from cession or subjugation
5) Adoption of orphan minors as nationals of the State where they were born
 Derivative
1) Alien woman upon marriage to a national
2) Minor children of naturalized person
3) Wife of naturalized husband
- Doctrine of Indelible Allegiance: individual may be compelled to retain his
original nationality even if he has already renounced or forfeited it under the
laws of the second State whose nationality he has acquired.
- Qualifications:
1) Not less than 21 at the date of the hearing;
2) Resided in the Philippines for a continuous period of 10 years
 Reduced to 5 years IF
1) Born in the Philippines
2) Honorably held office in Government
3) Introduced a useful invention or established a new industry
4) Engaged as a teacher in the Philippines, public or private school (except
those established for the exclusive instruction of persons of a particular
nationality) or in any branches of education or industry for a period of not less
than 2 years
3) Good moral character; believes in the underlying principles of the
Constitution; conducted himself in a proper and irreproachable manner during
his residency
4) Own real estate in the Philippines not less than P5,000, have some
lucrative trade, profession or lawful occupation
5) Speak and write English/Spanish/any principal Philippine languages
6) Enrolled his minor children of school age to public/private schools
recognized by the Government, where Philippine history, government and
civic are taught
- Disqualifications:
1) Opposed to organized government or affiliated with any association of
groups/persons who uphold and teach doctrines opposing all organized
governments
2) Defending or teaching the propriety of violence, personal assault,
assassination for the success or predominance of ideals
3) Polygamists or believers
4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable contagious disease
6) Who, during the period of their residence, have not mingled socially with
Filipinos or who have not evinced a sincere desire to learn and embrace the
customs, traditions and ideals of the Filipinos
7) Citizens and subjects of nations with whom the Philippines is at war, during
the period of such war
8) Citizens and subjects of foreign country whose law does not grant Filipinos
the right to become naturalized citizens
- Procedure
1) File declaration of intention with SolGen – one year prior to the filing of the
petition
 Exception:
1) Born in the Philippines and received primary and secondary education in
public or private schools recognized by the Government and not limited to
particular race
2) Resided in the Philippines for 30 years or more before the petition and
enrolled his children to elementary and high schools recognized by the
Government and not limited to particular race
3) Widow and minor children if an alien who has declared his intention to
become a citizen of the Philippines and dies before he is actually naturalized.
2) File petition + affidavit of 2 credible persons, citizens of the Philippines who
personally know the petitioner, as character witness
3) Publication of petition
 Jurisdictional
 Published in OG or in a newspaper of general circulation once a week for
three consecutive weeks
4) Actual residence during the entire proceedings
5) Hearing
6) Promulgation of the decision
7) Hearing after 2 years (Probation period of 2 years)
 Not left the Philippines
 Dedicated himself continuously to a lawful calling/profession
 Not been convicted of any offense or violation of rules
 Not committed any act prejudicial to the interest of the nation or contrary to
any Government-announced policies
8) Oath taking and issuance of certification

- Effects
1) Vests citizenship on wife if she herself may be naturalized
2) Minor children born in the Philippines before naturalization shall also be
considered citizens
3) Minor children born outside the Philippines but residing in the Philippines at
the time of naturalization shall also be considered citizens
4) Minor children born outside the Philippines shall be citizens only during
minority, unless he begins to reside permanently in the Philippines
5) Child born outside the Philippines, after the naturalization of the parents
shall be considered citizens, Provided he registers as such before any
Philippine consulate within one year after attaining majority age and takes his
oath of allegiance
- Grounds for Denaturalization
1) Naturalization certificate obtained fraudulently or illegally
2) Invalid declaration of intention
3) Minor children failed to graduate through the fault of parents
4) Allowed himself to be used as dummy
5) If within 5 years he returns to his native country or some foreign country
and establishes residence there
- 1-year stay in native country or 2-year stay in a foreign country is prima facie
evidence of intent to take up residence
- Effects of Denaturalization: if the ground affects the intrinsic validity of the
proceedings, the denaturalization will divest wife and children; if ground is
personal to the denaturalized Filipino, his wife and children shall retain
Philippine citizenship.
­ Naturalization by direct legislative action – discretionary on Congress;
usually for aliens who made outstanding contributions to the country
­ Administrative Naturalization – grant Philippine citizenship by administrative
proceedings to aliens born and residing in the Philippines
 Special Committee on Naturalization - SolGen (Chairman), Sec of FA and
National Security Adviser à power to approve, reject or deny applications
 Qualifications
1) Born in the Philippines and residing therein since birth
2) Not less than 18 at the time of filing
3) Good moral character; believes in the underlying principles of the
Constitution; conducted himself in a proper and irreproachable manner during
his residency
4) Received primary and secondary education in any public/private school
recognized by DECS, where Philippine history, government and civics is
taught and not limited to any race/nationality; Provided that where he has
minor children, must be enrolled in similar schools
5) Known trade, business, profession or lawful occupation from which he
derives income sufficient to support himself and family
 N/A to college degree holders who are disqualified from practicing their
profession due to citizenship requirements
6) Able to read, write and speak Filipino or any of the dialects
7) Mingled with Filipinos and evinced a sincere desire to learn and embrace
the customs and traditions and ideals of the Filipino people
- Procedure
1) File with Special Committee a petition
2) Publication of pertinent portions of the petition once a week for 3
consecutive weeks in newspaper of general circulation
3) Posting of copies in public or conspicuous areas
4) Furnish copies to following agencies who shall post copies of the petition in
any public or conspicuous areas in their building officers and premises and
within 30 days submit to Committee a report stating whether or not petitioner
has any derogatory record on file
 DFA
 Bureau of Immigration and Deportation
 Civil registrar of petitioner’s place of residence
 NBI
5) Within 60 days from receipt of agencies’ report, Committee shall consider
and review all information.
6) If Committee receives any adverse information, Committee shall allow
petitioner to answer, explain or refute the petition
7) Deny or Approve petition
8) Within 30 days from approval, petitioner pays P100,000, take oath of
allegiance and certificate of naturalization shall issue.
9) Within 5 days from taking oath, BoI shall forward copy of oath to the proper
local civil registrar and cancel petitioner’s alien certificate of registration.
- Status of Alien Wife and Minor Children
 May filed a petition for cancellation of their alien certificate of registration.
 If applicant is a married woman, husband may not benefit. But minor
children may avail of the right to seek the cancellation of alien certificate of
registration.
- Cancellation of the Certificate of Naturalization
1) Naturalized person or representative made any false statement or
misrepresentation or obtained citizenship fraudulently or illegally or committed
any violation of the law, rules or regulations
2) w/in 5 years shall establish permanent residence in a foreign country
o 1-year stay in native country or 2-year stay in a foreign country is prima
facie evidence of intent to take up residence
3) Allowed himself, wife or children with acquired citizenship to be used as
dummy
4) He, his wife or children commits any act inimical to national interest

Loss and Reacquisition of Philippine Citizenship

- Loss of Citizenship
2) Naturalization in a foreign country
- RA 9225
3) By express renunciation of citizenship
4) By subscribing to an oath of allegiance to support the Constitution or laws
of a foreign country upon attaining 21 years of age
­ Principle of Indelible Allegiance – Filipino may not divest himself of
Philippine citizenship in this manner while Philippines is at war with any
country
5) By rendering service or accepting commission in the armed forced of a
foreign country
- Exceptions:
1) Philippines has a defensive and/or offensive pact of alliance with the said
foreign country
2) Foreign country maintains armed forces in the Philippine territory with
consent of the Republic
6) By cancellation of the certificate of naturalization
7) By having been declared by competent authority a deserter of the
Philippine armed forces in time of war
- Reacquisition of Citizenship
1) Taking the oath of allegiance required of former natural-born Philippine
citizens who may have lost their citizenship by reason of their acquisition of
the citizenship of a foreign country
2) Naturalization provided that he possesses none of the disqualifications
3) Repatriation or deserters of the Army, Navy or Air Corps; a woman who has
lost her citizenship by reason of marriage may be repatriated after termination
of marital status
- Repatriation takes effect as of the date of filing of his application.
- Effect of repatriation is to allow the person to recover or return to his original
status before he lost his Philippine citizenship.
4) Direct act of Congress

VIII. THE LEGISLATIVE DEPARTMENT

­ Legislative power – the power to propose, enact, amend and repeal laws
- Vested in Congress except to the extent reserved to the people by the
provision in initiative and referendum
 People can directly propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local legislative body after the
registration of a petition thereof signed by at least 10 per centum of the total
number of registered voters, of which every legislative district must be
represented by at least 3 per centum of the registered voters.
 Initiative – power of the people to propose amendments to the Constitution
or to propose and enact legislation through an election called for that purpose.
1) Initiative on the Constitution
2) Initiative on Statutes
3) Initiative on local legislation
 Indirect Initiative – exercise of initiative by the people through a proposition
sent to Congress or local legislative body for action
 Referendum – power of the electorate to approve or reject legislation
through an election called for that purpose.
1) Referendum on Statutes
2) Referendum on local legislation
- Prohibited measures
1) Petition embracing more than one subject
2) Involving emergency measures, the enactment of which is specifically
vested in Congress by the Constitution, cannot be subject to referendum, until
90 days after effectivity
- Local Initiative,
 Not less than 2,000 registered voters in case of autonomous regions
 ? 1,000 in provinces and cities
 ? 100 in municipalities
 ? 50 in baranagays
 File a petition with Regional Assembly or local legislative body
- Limitation on Local Initiative
1) Exercised not more than once a year
2) Extend only to subjects or matters which are within the legal powers of the
local legislative body to enact
3) If at any time before the initiative is held, the local legislative body shall
adopt in toto the proposition presented, the initiative shall be cancelled

- Composition of Congress: Senate and House of Representative

- Senate: 24 senators, elected at large by qualified voters
 Qualifications
2) Natural-born
3) On the day of the election, at least 35 years of age
4) Able to read and write
5) Registered voter
6) Resident of the Philippines for not less than 2 years immediately preceding
the day of the election
 Term: 6 years, commencing at noon on 30th day of June next following their
election
 Limitation: no senator shall serve for more than 2 consecutive terms.
Voluntary renunciation of office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term for which
elected.
- House of Representatives: not more than 250, unless otherwise provided by
law
 Composition
2) District representative
3) Party-list representative
4) Sectoral representative
 Apportionment of legislative district is a justiciable question
o (Provinces and cities and Metro Manila area) Apportionment shall be made
in accordance with the number of respective inhabitants on the basis of a
uniform and progressive ratio.
o Each city with not less than 250,00 inhabitants à entitled to at least 1 rep
o Each province, irrespective of number of inhabitants à entitled to at least 1
rep
 Each legislative district shall comprise, as far as practicable, compact,
contiguous and adjacent territory.
 Congress to make reapportionment of legislative districts within 3 years
following return of every census.
 Constitution does not preclude Congress from increasing its membership by
passing a law other than a general apportionment law.
 Reapportionment of legislative districts may be made through a special law.
 Qualifications:
1) Natural-born Filipino citizen
2) At the day of the election, at least 25 years old
3) Able to read and write
4) Except the party-list representative, a registered voter in the district in
which he shall be elected
5) Resident thereof for not less than 1 year immediately preceding the day of
the election
 Principles
1) Minor follows domicile of parents
2) Domicile of origin is lost only when there is
a. actual removal or change of domicile
b. bona fide intention of abandoning the former residence and establishing a
new one
c. acts which corresponds with the purpose
3) Wife does not automatically gain husband’s domicile
 THEORY OF LEGAL IMPOSIBILITY J. Francisco (Aquino v. Comelec)
 Immigration to the US by virtue of a “green card” constitutes abandonment
of domicile in the Philippines. (Caasi vs. COMELEC)
 Term: 3 years, commencing at noon on the 30th day of June next following
their election,
 Limitation: shall not serve for more than 3 consecutive terms.
- Party-List System: mechanism for proportional representation
 Party: political party, sectoral party or coalition of parties
 Political Party: organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of government and
which, as the most immediate means of securing their adoption, regularly
nominates and supports certain of its leaders and members as candoidates
for public office.
 National Party: constituency is spread over the geographical territory of at
least a majority of the regions.
 Regional Party: constituency is spread over the geographical territory of at
least a majority of the cities and provinces comprising the region.
 Sectoral Party: (LUFEP-WHIP-VY) organized group of citizens belonging to
any of the following: labor, urban poor, fisherfolk, elderly, peasants, women,
handicapped, indigenous cultural communities, overseas workers and
professionals, veterans and youth.
 Sectoral Organization: group of citizens or a coalition of groups of citizens
who share similar physical attributes, characteristics, employment, interest or
concern.
 Coalition: aggrupation of duly registered national, regional, sectoral parties
or organization for political and/or election purposes.
- Registration/Manifestation to Participate in the Party-List System
 90 days prior to election, petition verified by its President or Secretary
 If already registered, file instead a manifestation of its desire to participate
in the party-list system
- Refusal and/or Cancellation of Registration (motu proprio or upon verified
complaint filed by any interested party; after due notice and hearing)
1) Religious sect/denomination
2) Advocate violence to attain goal
3) Foreign party/organization
4) Receives support from foreign party/org
5) Declares untruthful statement in its petition
6) Violates or fails to comply with election laws, rules and regulations
7) Failed to participate in the last 2 preceding elections or fails to obtain at
least 2% of the votes cast under the party-list system in the 2 preceding
elections for the constituency in which it has registered
8) Ceased to exist for at least 1 year
- Nomination of a party-list representative: each registered party, organization
or coalition must submit a list of names to the COMELEC not later than 45
days before the election.
 Not less than 5
 Only persons who have given their consent may be included in the list
 Not include any candidate for elective position, or who lost the immediately
preceding election
 No change allowed except:
1) Dies
2) Withdraws in writing
3) Becomes incapacitated
 Incumbent who are nominate are NOT considered resigned.
- Qualifications of a Party-list nominee
1) Natural-born citizen
2) Able to read and write
3) Registered voter
4) Resident of the Philippines at least 1 year immediately preceding the day of
the election
5) Bona fide member of the party/organization which he seeks to represent at
least 90 days preceding the day of the election
6) At least 25 years old at the day of the election
7) Youth sector – at least 25 but not more than 30. If during his term reaches
the age of 30, he shall be allowed to continue until expiration of term.
­ Manner of Voting – every voter entitled to two votes, 1 for member of the
House and 1 for the party, organization or coalition.
­ Number – 20% of the total number of the members of the House including
those under the party-list.
 In determining the allocation of seats for the second vote:
2) Parties, organizations and coalitions shall be ranked from the highest to the
lowest cased on the number of votes they garnered during the election
3) Parties, organizations and coalitions receiving at least 2% of the total votes
cast for the party-list system shall be entitled to 1-seat each, those garnering
more than 2% of the votes shall be entitled to additional seats in proportion to
their total number of votes
4) Each party, organization or coalition shall be entitled to not more than 3
seats
 4 inviolable parameters:
1) 20% allocation: combined number of all party-list congressmen shall not
exceed 20% of the total membership of the House
2) 2% threshold: only those parties garnering a minimum of 2% of the total
valid votes cast for the party-list system are qualified to have a seat
3) 3-seat limit: each qualified party, regardless of the number of votes it
actually obtained, is entitled to a maximum of 3 seats
4) Proportional representation: additional seats which a qualified party is
entitled to shall be computed “in proportion to their number of votes.”
 In order that a political party registered under the party-list system may be
entitled to a seat in the House:
2) Represent the marginalized and under-represented sector
3) Major political parties must comply with this statutory policy
4) Constitutional prohibition against religious sect
5) Not disqualified under RA7941
6) Not adjunct or project funded by government
7) Party and its nominees must comply with the requirements of the law
8) Nominee must also represent the marginalized and under-represented
sector
9) Nominee must be able to contribute to the formulation and enactment of
appropriate legislation
- Choosing Party-List Representative: proclaimed by COMELEC based on a
list of names submitted by respective parties, according to their ranking in the
list.
- Effect of Change of Affiliation
 Changes affiliation during term à forfeiture of seat
 IF w/in 6 months before election, he shall not be eligible for nomination
under new party
­ Vacancy – automatically filled by the next rep from the list of nominees and
shall serve for the unexpired term. If the list is exhausted, the party,
organization or coalition shall submit additional nominees.
- Term of Office: term of 3 years and shall be entitled to same salaries and
emoluments as regular members of the House.

Election
 Regular: 2nd Monday of May
 Special: to fill a vacancy; serve for the unexpired term

Salaries
 Determined by law.
 No increase in said compensation shall take effect until after the expiration
of the term of all the members of the Senate and House approving such
increase.

Privileges
1) Freedom from Arrest
 Offenses punishable by not more than 6 years imprisonment, be privileged
from arrest while Congress is in session.
2) Privilege of Speech and of Debate
 Not be questioned nor be held liable in any other place for any
speech/debate in the Congress or in any committee.
 Held to account for such speech or debate by the House to which he
belongs

Disqualifications
1) Incompatible Office
 Not hold any other office or employment
 Forfeiture of the seat in Congress automatically upon assumption of
incompatible office.
 N/A if he holds the government office in an ex officio capacity
2) Forbidden Office
 Neither shall he be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was elected.
 Last only for the duration of the term for which the member of Congress
was elected.

Other Inhibitions
 not personally appear as counsel before any court, ET, quasi-judicial or
other administrative bodies
 not be directly or indirectly interested financially in any contract with, or any
franchise or special privilege granted by the Government
 not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his
office.

Session
 Regular: convene once a year on the 4th Monday of July unless a different
date is fixed by law; and shall continue for such number of days as it may
determine until 30 days before the opening of its next regular session,
exclusive of Saturdays, Sundays and legal holidays.
 Special: call by president usually to consider legislative measure which the
President may designate in his call
 Joint
1) Voting Separately
a. Choosing the president
b. Determine disability of the president
c. Confirming nomination of VP
d. Declaration of the existence of a state of war
e. Proposing constitutional amendments
2) Voting Jointly
a. Revoke/extend proclamation suspending the privilege of the writ of HC
b. Or placing the Philippines under martial law
 Adjournment – neither House during the sessions of the Congress shall,
without the consent of the other adjourn for more than 3 days nor to any other
place than that in which the 2 Houses shall be sitting.

Officers
 Senate elects its President
 House elects its Speaker
 Each nay choose such other officers as it may deem necessary

Quorum
 Majority of each House
 But a smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner and under such penalties as
such House may determine
 Quorum in the Senate shall be the total number of Senators who are in the
country and within the coercive jurisdiction of the Senate.

Rules of Proceedings
 Each House determined the rules of its proceedings.

Discipline of Members
 House may punish its members for disorderly behavior, and with
concurrence of 2/3 of all its members, suspend (for not more than 60 days) or
expel a member.
 Determination of acts which constitute disorderly behavior is within the full
discretionary authority of the House concerned, and the Court will not review
such determination, the same being a political question.

Records and Books of Accounts

 Preserve and open to public
 Books shall be audited by COA which shall publish annually an itemized list
of amounts paid to and expenses incurred by each member.

Legislative Journal and Congressional Records

 Each House shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect national
security;
 And the yeas and nays on any question shall, at the request of 1/5 of the
Members present, be entered in the Journal.
 Each House shall also keep a Record of its proceedings.
 Matters which under the Constitution are to be entered in the journal:
a. Yeas and nays on 3rd and final reading of a bill
b. Veto message of the President
c. Yeas and nays on the repassing of a bill vetoed by the President
d. Yeas and nays on any question at the request of 1/5 of members present.
 Enrolled Bill Theory: enrolled bill is one duly introduced and finally passed
by both Houses, authenticated by the proper officers of each and approved by
the President.
 Enrolled Bill prevails, except to matters which under the Constitution must
be entered in the Journal.

Electoral Tribunals
 Composition
b. 3 SC Justices designated by CJ, the senior justice shall be the chairman
c. 6 members of the house, chosen on the basis of proportional
representation from the political parties registered
 Non-partisan court; independent of Congress
 Termination of Membership:
a. Expiration of congressional term
b. Death
c. Resignation from political party
d. Formal affiliation to another political party
e. Removal for other valid causes
 Cannot disqualify senator-member just because election contest is filed
against him. (Abbas vs. Senate ET)
 Doctrine of Primary Administrative Jurisdiction, prior recourse to the House
is necessary before the case may be brought to the Court.
 Power: sole judge of all contests relating to the election, returns and
qualifications of their respective members.
 HRET may assume jurisdiction only when after the winning candidate shall
have been duly proclaimed, has taken oath of office, and has assumed
functions of the office.
 Decisions may be reviewed by SC by showing grave abuse of discretion in
a petition for certiorari filed under R65.

Commission on Appointment
 Composition
b. Senate President, ex-officio chairman
c. 12 senators
d. 12 house
* b and c elected by each House on the basis of proportional representation
from the political parties registered.
 Powers – act on all appointments submitted to it within 30 session days of
Congress from their submission.
 Shall rule by majority vote of its members
 Meet only while Congress is in session
 At the call of its Chairman or majority of all its members
 Independent of the 2 Houses and has the power to promulgate its own rules
of proceedings.

Powers of Congress
1. General (plenary) legislative power
- Limitations:
2. Substantive
- Express
a. Bill of rights
b. Appropriations
c. Taxation
d. Constitutional appellate jurisdiction of SC
e. No law granting a title of royalty or nobility shall be passed
- Implied
a. Non-delegation of powers
b. Prohibition against the passage if irrepealable laws
3. Procedural
a. Only one subject to be expressed in the title
- Title is not required to be an index of the contents of the bill
- Sufficient compliance if the title expresses the general subject and all the
provisions of the statute are germane to thee subject
- Sufficient if the title is comprehensive enough, as in this case, to include
subjects related to the general purpose which the statute seeks to achieve.
- Rider is a provision not germane to the subject matter of the bill.
b. Three readings on separate days
- Printed copies of bill in its final form distributed to Members 3 days before its
passage
- EXCEPT when the President certifies to its immediate enactment to meet a
public calamity or emergency
- Upon last reading, no amendment allowed, and vote thereon taken
immediately and the yeas and nays entered in the journal
- Presidential certification dispensed with the requirement not only of printing
but also that of reading the bill on separate days.
4. Legislative Process
- Requirements as to bill
 Only 1 subject to be expressed in the title
 Appropriation, revenue bills, tariff bills, bills of local application, bills
authorizing increase of public debts and private bills shall originate exclusively
in the House of Representative.
 It is not the law, but the bill, which is required to originate exclusively in the
House, because the bill may undergo such extensive changes in the Senate
that the result may be a rewriting of the whole.
 The Constitution does not prohibit the filing in the Senate of a “substitute
bill” in anticipation of its receipt of the bill from the House, so long as the
action by the Senate as a body is withheld pending receipt of the House bill.
- Procedure: passed 3 readings on separate days, and printed copies in its
final form have been distributed to its Members 3 days before its passage
EXCEPT when President certifies to the necessity of its immediate enactment
to meet a public calamity or emergency.
 Courts are denied the power to inquire into allegations that, in enacting a
law, a House of Congress failed to comply with its own rules, in the absence
of any showing that there was a violation of constitutional requirements or the
rights of private individuals.
 It is within the Bicameral Conference Committee to include in its report an
entirely new provision that is not found either in the House or Senate bill.
 If the Committee can propose an amendment consisting of 1 or 2
provisions, there is no reason why it cannot propose several provisions,
collectively considered as “an amendment in the nature of a substitute” so
long as the amendment is germane to the subject of the bills before the
Committee.”
 Jurisdiction of the Conference Committee is not limited to resolving
differences between the Senate and the House versions of the bill. It may
propose an entirely new provision.
- Approval of Bills
 The bill becomes a law in the following cases:
b. President approves the same and signs it.
c. Congress overrides the Presidential veto – if the President disapproves the
bill, he shall return the same, with his objections contained in his Veto
message to the House of origin (which shall enter the objections at large in its
Journal). The veto is overridden upon a vote of 2/3 of all members of the
House of origin and the other House. Yeas and Nays entered in the Journal of
each House.
o No pocket veto.
o Partial veto, as a rule, is invalid. It is allowed only for particular items in an
appropriation, revenue or tariff bill. The President cannot veto part of an item
in an appropriation bill while approving the remaining portion of the item.
o Legislative Veto – a congressional veto is a means whereby the legislature
can block or modify administrative action taken under a statute. It is a form of
legislative control in the implementation of particular executive action. It may
be negative (subjecting the executive action to disapproval by Congress) or
affirmative (requiring approval of the executive action by Congress)
d. When the President fails to act upon the bill for 30 days from receipt
thereof, the bill shall become a law as if he had signed it.
2. Power of Appropriation
 Spending power called the “power of the purse” belongs to Congress
subject only to the veto power of the President.
 It is the President who proposes the budget, the final say on the matter of
appropriation is lodged in Congress.
 The power of appropriation carries with it the power to specify the
project/activity to be funded under the appropriation law.
 Need for appropriation – “NO money shall be paid out of the Treasury
except in pursuance of an appropriation made by law.”
 Indispensable requisites or condition sine qua non for the execution of
government contracts:
a. Existence of appropriation
b. Availability of funds
 Appropriation law – a statute the primary and specific purpose of which is to
authorize the release of public funds from the Treasury.
 Classification:
1) General Appropriations Law – passed annually, for the financial operations
of the government.
2) Special Appropriations Law – for specific purpose
 Implied Limitation on Appropriation Measures
1) Appropriation must be devoted to public purpose
2) Sum authorized to be released must be determinate or at least
determinable
• Decree do not specify the specific amounts to be paid, the amounts are
nevertheless made certain by the legislative parameters provided in the
decrees.
• The mandate being only to pay the principal, interest, taxes and other
normal banking charges.
 Constitutional Limitation on Special Appropriation Measure
1) Specify the public purpose for which the sum is intended
2) Must be supported by funds actually available as certified to by the National
Treasurer or to be raised by a corresponding revenue proposal included
therein.
 Constitutional Rules on General Appropriations Law
i. Congress may not increase the appropriations recommended by the
President for the operation of the Government.
ii. The form, content and manner of preparation of the budget shall be
prescribed by law.
iii. No provision or enactment shall be embraced unless it relates specifically
to some particular appropriation. Any such provision or enactment shall be
limited in its operation to the appropriation to which it relates. This is intended
to prevent riders or irrelevant provisions included in the bill to ensure its
approval.
iv. Procedure for approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
(to prevent sub rosa appropriation by Congress)
v. Prohibition against transfer of appropriations
• Exception:
1) President
2) Senate President
3) Speaker
4) Chief Justice
5) Heads of Constitutional Commission
• By law, be authorized to augment any item in the general appropriation law
for their respective offices from savings in other items of their respective
appropriations.
vi. Prohibition against appropriation for sectarian benefit
• Exception: priest, preacher, minister or dignitary is assigned to the armed
forces or to any penal institution or government orphanage or leposarium.
vii. Automatic reappropriation
• If Congress failed to pass the general appropriations bill for the ensuing
year, the general appropriations bill for the preceding fiscal year shall be
deemed re-enacted until said bill is passed.
 Impoundment –the refusal by the President for whatever reason to spend
funds made available by Congress. It is the failure to spend or obligate budget
authority of any type.
 Appropriation Reserves – the Administrative Code authorizes the Budget
Secretary to establish reserves against appropriations to provide for
contingencies and emergencies which may arise during the year.
• This is “expenditure deferral” not suspension, since the agencies concerned
can still draw on the reserves if the fiscal outlook improves.
3. Power of Taxation
 Limitations
2. uniform and equitable – evolve a progressive system of taxation
3. charitable institutions, etc. and all lands, buildings and improvements
actually, directly and exclusively used for religious, charitable or educational
purposes shall be exempt from taxation.
4. all revenues and assets of non-stock, non-profit educational institutions
used directly, actually and exclusively for educational purposes shall be
exempt from taxation.
5. Law granting tax exemptions shall be passed only with concurrence of
majority of all members of Congress
4. Power of Legislative Investigation
 Conduct inquiries in aid of legislation.
 Rights of persons appearing in or affected by such inquiries shall be
respected.
 Limitations
1. in aid of legislation
2. in accordance with duly published rules of procedure
3. Rights of persons appearing in, or affected by such inquiry shall be
respected
 Power to punish for contempt: Senate being a continuing body may order
imprisonment for an indefinite period, but principles of due process and equal
protection will have to be considered.
5. Question Hour
 Heads of the departments may upon their own initiative with the consent of
the President OR upon the request of wither House, as the rules of each
House shall provide, appear before and be heard by the House on any matter
pertaining to their departments.
 Written questions submitted to the Senate P or Speaker, 3 days before the
scheduled appeared.
 Interpellations shall not be limited to the written questions, may cover
matters related thereto.
 When the security of the State or the public interest so requires, may be
held in executive session.
6. War Powers
 Declaration of the existence of state of war – 2/3 of both Houses in joint
session, voting separately
7. Power to act as Board of Canvassers in election of President
8. Power to call a Special Election for President and VP
9. Power to judge the President’s physical fitness to discharge the functions of
Presidency
10. Power to revoke or extend suspension of the privilege of the writ of HC or
declaration of martial law
11. Power to concur in Presidential amnesties
 Concurrence of majority of all members of the Senate
12. Power to concur in treaties or international agreements
 2/3 of all the members of the Senate
13. Power to confirm certain appointments by the President
 in the event of vacancy in the Office of VP, from among members of
Congress confirmed by majority vote of all the Members of both Houses of
Congress, voting separately.
 Nominations by President under Sec 16, Article 7 confirmed by Commission
on Appointments
14. Power to impeachment
15. Power relative to natural resources
16. Power to propose amendments to the Constitution

IX. EXECUTIVE DEPARTMENT

The President

Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years immediately preceding such
election

Election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers
• Returns of every election for President and VP, duly certified by Board of
Canvassers of each province or city shall be transmitted to Congress directed
to Senate President.
• SP, upon receipt, shall not later than 30 days after the day of the election,
open all the certificates in the presence of the Senate and House in joint
public session.
• Congress upon determination of the authenticity and due execution, shall
canvass the votes.
• Congress shall promulgate its own rules.
• 2 or more candidates shall have an equal and highest number of votes, one
of them shall be chosen by a majority vote of all members of Congress.
- Congress has the authority to proclaim the winning candidates for the
position of President and Vice President
- Congress may delegate the initial determination of the authenticity and due
execution of the certificate of canvass to a Joint Congressional Committee,
composed of members of the House and Senate
- The decisions and final report of the Committee shall be subject to the
approval of the joint session of both Houses if Congress, voting separately.
- Even if Congress has adjourned its regular session it may continue to
perform this Constitutional duty of canvassing the presidential and vice-
presidential election results without need of any call for a special session by
the President.
- The joint public session cannot adjourn sine die until it has accomplished its
constitutionally mandated task.
- No constitutional or statutory basis for COMELEC to undertake a separate
and an “unofficial” tabulation of results à descends to the level of private
organization while using public funds, violates exclusive prerogative of
NAMFREL and taints integrity of envelopes containing ER and the ERs
themselves.
- SC as Presidential Electoral Tribunal
• SC, en banc
• Sole judge of all contests relating to the election, returns and qualifications of
the President or VP
• Promulgate its own rules

Term of Office: 6 years

- No re-election
- No person who has succeeded as President and has served for more than 4
years shall be qualified for election to the same office at any time

Privileges
1. Official Residence
2. Salary
- Determined by law
- Shall not be decreased during tenure
- No increase shall take effect until after expiration of the term of the
incumbent during which such increase was approved.
3. Immunity from Suit
- President is immune from suit
- May not be prevented from instituting a suit
- Immune from civil liability
- After tenure, cannot invoke immunity from suit for civil damages arising out
of acts done by him while he was President which was not performed in the
exercise of official duties.
­ Department Secretaries, though alter egos, cannot invoke President’s
immunity from suit.

Prohibitions/Inhibitions
1. Not receive any other emoluments from the government or nay other
source
2. Not hold any other office or employment, unless provided in this
Constitution
- VP may be appointed to the Cabinet without need of confirmation from
Commission on Appointment
- Secretary of Justice is ex-officio member of Judicial and Bar Council
- Secretary of Labor à ex-officio member of BOD of PEZA
- Secretary of TC à ex-officio Chairman of PPA and LRTA
- Prohibition must not be construed as applying to poses occupied by
Executive officials without additional compensation in an ex-officio capacity,
as provided by law and as required by the primary functions of the said
official’s office. These posts do not comprise “any other office” but is an
imposition of additional duties and functions on said official.
3. Not directly or indirectly practice any other profession, participate in any
business or be financially interested in any contract, franchise or special
privilege
4. Strictly avoid conflict of interest in the conduct of their office
5. May not appoint Spouse or Relatives by consanguinity or affinity within the
fourth civil degree as
a. Members of Constitutional Commissions
b. Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman/heads of bureaus/offices/GOCCs/subsidiaries

Rules on Succession
- Vacancy at the BEGINNING of term

DEATH or PERMANENT DISABILITY of President – elect
VP-elect shall become President
President-elect fails to qualify
VP-elect shall act as President until President-elect shall have qualified
President shall not have been chosen
VP-elect shall act as President until President-elect shall have been chosen
and qualified
No President and VP:
- Chosen
- Qualified
- Both died
- Both become permanently disabled
Senate President or in case of his disability, the Speaker of the House shall
act as President until a President or VP shall been chosen and qualified.
In case of inability of both, Congress shall, by law provide for the manner by
which one who is to act as President shall be selected until a President or VP
shall have qualified.

- Vacancy DURING the term

• Death, permanent disability, removal from office or resignation of President à
VP shall become President
• Elements of Valid Resignation:
1. intent to resign
2. act of relinquishment

- Temporary Disability
• President transmits to Senate President and Speaker
 His written declaration that he is unable to discharge the powers and duties
of his office
 Until he transmits a written declaration to the contrary
 Powers and duties shall be discharged by the VP as Acting President
• Majority of the members of the Cabinet transmit to Senate President and
Speaker
 Written declaration that the President is unable to discharge the powers and
duties of his office
 VP shall IMMEDIATELY assume the powers and duties of the office as
Acting President
 IF President shall transmit written declaration that no such disability exists
 He shall reassume the powers and duties of his office
 IF majority of the members of the Cabinet transmit within 5 days to SP and
Speaker their written declaration that the President is unable to discharge the
powers and duties of his office,
 Congress shall decide the issue
 Congress shall convene within 48 hours, if not in session
 w/in 10 days from receipt of last declaration OR if not in session w/in 12
days after it is required to assemble à Congress determines by 2/3 vote of
both Houses, voting separately
 that President is unable à VP shall act as President; Otherwise, President
shall continue exercising the powers and duties of his office.

Constitutional Duty of Congress in case of Vacancy in the Offices of President

and VP
- 10:00am, 3rd day after the vacancy occurs
- Congress shall convene without need of call
- w/in 7 days enact a law calling for a special election to elect a President and
VP
- election held not earlier than 45 days nor later than 60 days from time of
such call
- bill shall be deemed certified and shall become law upon approval on 3rd
reading by Congress
- convening cannot be suspended
- election cannot be postponed
- IF vacancy occurs w/in 18 months before the date of the next presidential
election à NO special election

Removal of President: Impeachment

Vice-President

Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years immediately preceding such
election

Term: No VP shall serve for more than 2 successive terms.

Vacancy in VP
- President shall nominate a VP from among members of Senate and House
- Assume office upon confirmation by a majority vote of all Members of both
Houses of Congress, voting separately

Powers of the President

1) Executive Power
2) Power of Appointment
3) Power of Control
4) Military Powers
5) Pardoning Power
6) Borrowing Power
7) Diplomatic Power
8) Budgetary Power
9) Informing Power
10) Others
a. Call Congress to special session
b. Power to approve or veto bolls
c. Consent to deputation of government personnel by COMELEC
d. Discipline such deputies
e. Emergency powers, by delegation from Congress
f. General supervision over LGs and autonomous regional governments

Executive Power
- Executive Power: power to enforce and administer the laws
- Power of carrying out the laws into practical operation and enforcing their
due observance
­ Authority to Reorganize the Office of the President “to achieve simplicity,
economy and efficiency.”
- Power to reorganize the OP under Section 31 (1) of EO 292 (Administrative
Code) à President can reorganize the OP proper by abolishing, consolidating
or merging units or by transferring functions from one unit to another
- Power to reorganize the OP under Section 31 (2) and b(3) of EO 292
(Administrative Code) à power of the President to reorganize offices outside
of the OP proper is limited to merely transferring functions/agencies from OP
to Departments/Agencies and v.v.
- It is not for the President to determine the validity of the law, it is the function
of the judiciary. Unless and until such law is declared unconstitutional,
President has the duty to execute it.

Power of Appointment
- Nominate and with consent of the Commission on Appointments, appoint:
b. Heads of the executive departments
c. Ambassadors
d. Other public ministers and consuls
e. Officers of the armed forces from the rank of colonel or naval captain
f. Other officers whose appointments are vested in him in this Constitution
- Appoint all other officers of the Government whose appointments are not
otherwise provided by law
- Appoint those whom he may be authorized by law to appoint.
- Congress may by law, vest appointment of other officers lower in rank in the
a. President alone,
b. Courts
c. Heads of departments/agencies/commissions/boards
- Appointment: selection, by the authority vested with the power, of an
individual who is to exercise the functions of a given office.
 Designation: imposition of additional duties, usually by law, to one who is
already in public service
 Commission: written evidence of appointment
- Classification of Appointments
a. Permanent – extended to persons possessing the requisite eligibility and
are protected by security of tenure
b. Temporary – extended to persons without requisite eligibility, revocable at
will, without necessity of just cause or valid investigation
 Not subject to confirmation by Commission on Appointment
 If confirmation erroneously given, will not make it a permanent appointment
 Designation is considered only an acting or temporary appointment
c. Regular – made by President while Congress is in session
 Takes effect upon confirmation of Commission on Appointment
 Once approved, continues until end of term of the appointee

d. Ad interim – made by President while Congress is not in session
 Takes effect immediately but ceases to be valid if disapproved by the
Commission on Appointments or upon next adjournment of Congress (by-
passed through inaction)
 Intended to prevent interruptions in vital government services
 Permanent and cannot be withdrawn by the President once the appointee
has qualified
 If disapproved by the Commission on Appointments à can no longer be
extended a new appointment; decision of the Commission is final and binding
 If by-passed à President is free to renew the ad interim appointment
- Officials who are appointed by the President
 Does NOT require confirmation by COA
b. Commissioner of Customs
c. Philippine Coast Guard
d. Chairman of Commission of Human Rights
e. NLRC Chairman and Commissioners
- Congress cannot by law require confirmation of appointments of government
officials other than those mentioned in the Constitution
- Steps in the Appointing Power
a. Nomination by President
b. Confirmation by COA
c. Issuance of the Commission
- Appointment is deemed complete upon acceptance; pending such
acceptance, the appointment may still be validly withdrawn
­ Discretion of Appointing Authority – includes the determination of the nature
ad character of appointment
- In case of vacancy in an office occupied by an alter ego of the President,
e.g. Department Secretary, the President necessarily appoint the alter ego of
his choice. Congress, cannot by law, compel the President to appoint
automatically the undersecretary as his temporary alter ego. An alter ego,
temporary or permanent, holds a position of great trust and confidence.
­ Special Limitations on the President’s Appointing Power
1. may not appoint his spouse or relatives by consanguinity or affinity, within
the 4th civil degree as
b. members of Constitutional Commission
c. Ombudsman
d. Secretaries
e. Undersecretaries
f. Chairmen/heads of bureaus/offices/GOCCs
2. appointments made by acting president shall remain effective unless
revoked by elected President w/in 90 days from assumption of office
3. 2 months immediately before the next presidential election and up to the
end of his term, a President or acting President shall not make appointments
EXCEPT temporary appointments to executive positions when continued
vacancies will prejudice public service or endanger public safety
 No law that prohibits local executive officials
4. Congress à power to prescribe qualifications
5. Judiciary may annul an appointment made by President of the appointee is
not qualified or has not been validly confirmed.
- Power of Removal
 Implied from power of appointment
 President cannot remove officials appointed by him where the Constitution
prescribes certain methods for separation of such officers from service
 Chairman and commissioners of Constitutional Commissions à
impeachment
 Judges à disciplining authority of SC
 Where power of removal is lodged in President:
a. Cause as may be provided by law
b. Prescribed administrative procedure
 Members of career service of the Civil Service who are appointed by the
President may be directly disciplined by him
 Members of Cabinet and Officers whose continuity in office depends upon
pleasure of President à replaced any time; separation is not by removal but
EXPIRATION of term.

Power of Control
- President shall have control of all
 Executive departments
 Bureaus
 Offices
- Control: power of an officer to alter, modify, set aside, or nullify what a
subordinate had done in the performance of his duties and to substitute the
judgment of the former for that of the latter.
 Supervision: overseeing; the power of an officer to see that subordinate
officers perform their duties, and if the latter fails or neglects to fulfill them,
then the former may take such action or steps as prescribed by law to make
them perform these duties.
- Alter Ego Principle/Doctrine of Qualified Political Agency
 All executives and administrative organizations are adjuncts of the
Executive department
 The heads of the various executive departments are assistants and agents
of the Chief Executive
 And, except in cases where the Chief Executive is required by the
Constitution or law to act personally OR the exigencies of the situation
demand that he act personally, the multifarious executive and administrative
functions of the Chief Executive are performed by and through the executive
departments,
 And the acts of Secretaries, performed and promulgated in the regular
course of business are, unless disapproved or reprobated are presumptively
the acts of the Chief Executive.
- President may exercise powers conferred by law upon Cabinet members or
subordinate executive officers.
- Power of the president to reorganize the National Government may validly
be delegated to his Cabinet members exercising control over a particular
executive department.
- Appeal to the President from decisions of executive officers, including
Cabinet members, complete the exhaustion of administrative remedies.
 Exception: Doctrine of Qualified Political Agency applies, in which case the
decision of Cabinet Secretary carries the presumptive approval of the
President, thus there is no need to appeal to the President.
- Power of control may be exercised over the acts, NOT over the actors
- Power of control of Secretary of Justice over prosecutors
 Decisions/Resolutions of prosecutors are subject to appeal to the Secretary
of Justice who exercises power of direct control and supervision over
prosecutors.
 Where Secretary exercises power of review only after an information is
filed, TC should defer or suspend arraignment and other proceedings until
appeal is resolved. HOWEVER, the TC is not ipso facto bound by the
resolution of the Secretary, because jurisdiction, once acquired is not lost
despite the resolution of the Secretary to withdraw the information or to
dismiss the case.
- Power of general supervision over local governments.
- President can only interfere in the affairs and activities of a local government
unit of he finds that the latter had acted contrary to law.
 Otherwise, violative of local autonomy.
- Local fiscal autonomy: automatic release of LGU shares in the national
internal revenue.
-
Military Powers
- Commander-in-Chief of all armed forces of the Philippines
- If necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion.
- In case of invasion or rebellion, when public safety requires it, he may, for a
period not exceeding 60 days, suspend the privilege of the writ of HC or place
the Philippines or any part thereof under martial law.
- Commander-in-Chief Clause
 Conduct of saturation drives or areal target zoning
 Exercises discretionary power
 Only criterion, “whenever it becomes necessary”
 Discretionary authority to declare state of rebellion
 Court may only look into the sufficiency of the factual basis for the exercise
of the power.
 Mere declaration of a state of rebellion cannot diminish or violate
constitutionally protected rights
 Power to organize courts martial for the disciple of members of the armed
forces
 Power to create military commissions for the punishment of war criminals
 Military tribunals cannot try civilians when civil courts are open and
functioning
 Members of the PNP are not within the jurisdiction of the military court
 RA 7055, lawmakers intended to return to civilian courts jurisdiction over
offenses that have traditionally within their jurisdiction but did not divest the
military courts jurisdiction over cases mandated by the Article of War
a. Disrespect towards the President
b. Disrespect towards Superior Officer
c. Sedition/Mutiny
d. Conduct Unbecoming an Officer and a Gentleman
e. General Articles of the Articles of War
- Suspension of the privilege of the writ of HC
 Grounds: invasion or rebellion, when public safety requires it
 Duration: not to exceed 60 days, unless extended by Congress
 Duty of President to Report action to Congress: w/in 48 hours, personally or
in writing
 Congress may revoke or extend by a majority vote of all its members,
voting jointly
 SC may review upon proceeding filed by any citizen, as to the sufficiency of
factual basis. It must promulgate its decision w/in 30 days from its filing.
 Suspension does not impair the right to bail.
 Suspension applies to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion
 During suspension, any person thus arrested shall be judicially charged w/in
3 days, otherwise he shall be released.
- Martial Law
 NOT Suspend operation of the Constitution
 NOT Supplant the functioning of civil courts or legislative assemblies
 NOT authorize conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function
 NOT automatically suspend the privilege of the writ

Pardoning Power
- Except in cases of IMPEACHMENT or AS OTHERWISE PROVIDED IN THE
CONSTITUTION
- May grant, after conviction by final judgment
a. Reprieves
b. Commutations
c. Pardons
d. Remit fines and forfeitures
- May grant Amnesty with concurrence of a majority of all members of the
Congress
- Pardon: act of grace which exempts the individual from punishment that the
law inflicts upon the crime he has committed
- Commutation: reduction or mitigation of penalty
- Reprieve: postponement of sentence/ stay of execution
- Parole: release from imprisonment but still in custody of law although not in
confinement
- Amnesty: act of grace, with concurrence of legislature, usually extended to
group of persons who committed political offenses, puts into oblivion the
offense itself
- Discretionary exercise by the President
- Cannot be controlled by Legislature or reversed by courts unless there is a
constitutional violation.
- Limitations:
1) Cannot be granted in cases of impeachment
2) Cannot be granted in cases of violation of election offenses w/o favorable
recommendation of COMELEC
3) Cannot be granted in cases of legislative contempt or civil contempt
4) Cannot absolve civil liability
5) Cannot restore public offices forfeited
- Exceptions: on consideration of justice and equity, entitled to reinstatement
(Sabello vs. DECS)
6) Only after conviction by final judgment
- Classification of Pardon:
1) Plenary or partial
2) Absolute or conditional
• Conditional pardon is in the nature of a contract between the Chief Executive
and the convicted criminal.
• By the pardonee’s consent to the terms stipulated in the contract, the
pardonee has placed himself under the supervision of the Chief Executive or
his delegate who is duty bound to see to it that the pardonee complied with
the conditions of the pardon
• President is authorized to order the arrest or re­incarceration of such a
person, if he fails to comply with the conditions of his pardon.
• Such exercise of Presidential judgment is beyond judicial scrutiny.
- Amnesty
• Stands before the law precisely as though he had committed no offense
• Criminal liability is totally extinguished
• To avail of the benefit, must admit the guilt of the offence covered by the
proclamation

AMNESTY
PARDON
Addressed to political offenses
Infractions of peace of the state
Classes of persons
Individual
No need for distinct acts of acceptance
Acceptance needed
Concurrence by Congress
Nope
Public act which courts may take judicial notice
Private act which must be pleaded and proved
Looks back and puts into oblivion the offense itself
Looks forward and relieves pardonee of the consequences of the offenses
Borrowing Power
- Contract or guarantee foreign loans on behalf of the Republic, with prior
concurrence of Monetary Board and subject to such limitations as may be
provided by law.
- MB, shall w/in 30 days from end of every quarter, submit to the Congress a
complete report of its decisions on applications for loans to be contracted or
guaranteed by the Government/GOCC which would have the effect of
increasing the foreign debt, and containing other matters as may be provided
by law.
Diplomatic Power
- No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all members of the Senate.
- Treaties vs. International Agreements

Treaties
International Agreements
Formal documents require ratification
Become binding through executive action
International agreements which involve political issues or changes of national
policy
International agreements involving adjustments of details carrying out well
established national policies and traditions
Involving arrangements of permanent character
Involving arrangements of a more or less temporary nature

- It is immaterial whether US treats the VFA as merely an executive

agreement because, under international law, an executive agreement is just
as binding as a trearty.

Budgetary Power
- Submit to Congress within 30 days from opening of its regular session
- A budget of expenditures and sources of financing, including receipts from
existing and proposed revenue measures
- As basis of the general appropriations act

Informing Power
- Address Congress at the opening of its regular session
- May appear before it at any other time

X. JUDICIAL DEPARTMENT

Judicial Power
- Duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or
not there has been grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government.
- Political questions à forbidden territory of courts
- Inherent power of Courts to amend and control its processed and orders so
as to make them comformable with law and justice.
- Right to reverse itself.

Where vested
- 1 SC
- Such lower courts as may be established by law

Jurisdiction
- Power to hear and decide a case
- Congress shall have the power to define, prescribe and apportion the
jurisdiction of various courts, but may not deprive SC of its jurisdiction over
cases enumerated in Section 5, Article VIII
- No law shall be passed increasing appellate jurisdiction of SC without its
advice and concurrence

Constitutional Safeguards to Insure Independence of SC

1. SC is a constitutional body; it may not be abolished by legislature
2. members of SC are removable only by impeachment
3. SC may not be deprived of its original and appellate jurisdiction; Appellate
jurisdiction may not be increased without its consent and concurrence
4. SC has administrative supervision over all inferior courts and personnel
5. SC has exclusive power to discipline judges and justices of inferior courts
6. members of Judiciary have security of tenure
7. members of Judiciary may not be designated to any agency performing
quasi-judicial or administrative functions
8. salaries of judges may not be reduced; Judiciary enjoys fiscal autonomy
9. SC alone may initiate ROC
10. SC alone may order temporary detail judges
11. SC can appoint officials and employees of judiciary

Qualifications
- Proven competence, integrity, probity and independence +
- SC
1) Natural-born
2) At least 40
3) 15 years or more a judge of a lower court or engaged in the practice of law
in the Philippines

- Lower Collegiate Courts

1) Natural-born
2) Member of Philippine Bar
3) Congress may prescribe other qualifications

- Lower Courts
1) Citizen
2) Member of Philippine Bar
3) Congress may prescribe other qualifications

Procedure for Appointment

- Appointed by the President from a list of nominees prepared by Judicial and
Bar Council
- Lower Courts: appointed by President w/in 90 days from submission of list

Judicial and Bar Council

- Composition
 Ex-officio Members
1) CJ as Chairman
2) Justice Secretary
3) Representative of Congress
 Regular Members
1) Representative of IBP
2) Professor of Law
3) Retired justice of SC
4) Representative of private sector
 Secretary ex-officio: clerk of SC

- Appointment: regular members shall be appointed by President for a term of

4 years, with consent of COA; shall receive emoluments as determined by SC
- Powers/Functions:
 Principal function: recommending appointees to Judiciary
 Exercise such other functions and duties as SC may assign

Supreme Court
 Composition
• 1 CJ
• 14 Associate Justices
 May sit en banc or in its discretion, in divisions of 3, 5 or 7 members
 Vacancy shall be filled within 90 days from occurrence
 En Banc – concurrence of a majority of the members who took part in the
deliberations and voted
1) Constitutionality of a treaty, international or executive agreement, or law
2) All others required by ROC
3) Constitutionality, application or operation of PDs, orders, instructions,
ordinances and other regulations
 Division - concurrence of a majority of the members who took part in the
deliberations and voted and in no case without the concurrence of at least 3
such members
• When required number is not obtained à case shall be decided en banc
(case – decided NOT matters ­ resolved)
 No doctrine or principle of law laid by a court sitting en banc or in a division,
may be modified or reversed except by the court sitting en banc
Powers of the SC
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Temporary Assignment of judges of LCs to other stations as public interest
may require
4) Order change of venue or place of trial, to avoid miscarriage of justice
5) Rule-Making Power
6) Power of Appointment
7) Power of Administrative Supervision
8) Annual Report

Original Jurisdiction
1) Cases affecting ambassadors, public ministers and consuls
2) Petition for certiorari, prohibition, mandamus
3) Quo warranto
4) Habeas corpus

Appellate Jurisdiction – review, revise, reverse, modify, or affirm on appeal or
certiorari as the ROC may provide final judgments and orders of lower courts
in:
1) All cases involving constitutionality/validity of any treaty, international or
executive agreements, law, PD, proclamation, order, instruction ordinance or
regulation is in question
2) All cases involving legality of any tax, impost, assessment or toll or any
penalty imposed in relation thereto
3) Jurisdiction of lower court is in issue
4) All criminal cases in which penalty imposed is RP or higher
5) All cases in which only an error or question of law is involved

- Does not include power of SC to review decisions of administrative bodies

- Penalty is RP, accused must appeal. Otherwise, judgment of conviction will
become final and executory
- If death, TC shall forward records for automatic review
- Question of Law: correct application of law or jurisprudence to a certain set
of facts; when the issue does not call for an examination of the probative
value of the evidence, the truth or falsehood of the facts being admitted.

Temporary Assignment of judges of LCs to other stations as public interest

may require

Order change of venue or place of trial, to avoid miscarriage of justice

Rule-Making Power
- Promulgate rules:
2) Protection and enforcement of constitutional rights
3) Pleadings
4) Practices
5) Procedure in all courts
6) Admission to practice of law
7) Admission to TB
8) Legal assistance to underprivileged
- Limitations:
1) Simplified and inexpensive procedure
2) Uniform in all courts of the same grade
3) Not diminish, increase or modify substantive rights
- Integrated Bar
• State­organized bar to which each lawyer must belong
• Official unification of entire lawyer population, where each lawyer is given
the opportunity to do his share in carrying out the objectives of the Bar as well
as obliged to bear his portion of its responsibilities
• Requires membership and financial support of every atty as a condition sine
qua non to the practice
• Payment of dues is a necessary consequence of membership in the IBP, of
which no one is exempt
• Practice of law is a privilege and as such must bow to the inherent regulatory
power if the SC
- Writ of Amparo: writ that may be issued by the courts, based on the
constitutional power of the SC to promulgate rules, for the protection and
enforcement of constitutional rights.
- Congress cannot amend the ROC
- Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the SC

Power of Appointment
- Appoint all officials and employees of the Judiciary in accordance with Civil
Service Law

Power of Administrative Supervision

- Administrative supervision over all courts and personnel
- Ombudsman may not initiate or investigate a criminal or administrative
complaint before his office against a judge, he must first indorse the case to
the SC
- Administrative proceedings before the SC are confidential in nature.

Annual Report
- Submit, within 30 days from opening of each regular session of Congress to
the President and to Congress an annual report on the operations and
activities of the Judiciary.

Consultations/Decisions of SC
1) Conclusions in any case submitted to it for decision shall be reached in
consultation before the case is assigned to a member for the writing of the
opinion of the Court. A certification to this effect signed by the CJ shall be
issued.
- N/A to administrative cases
- Applicable to lower collegiate bodies
- Votes are equally divided and majority is not obtained, petition shall nbbe
dismissed
2) The decision shall state clearly and distinctly the facts and the law on which
it is based.
- N/A to:
1) Minute resolution dismissing a petition for HC, certiorari and mandamus
2) Administrative cases
- Decision need not be a complete recital of the evidence presented
- Factual and legal basis are clearly and distinctly set forth
- Imperative that decision is not limited to dispositive part; must
1) State nature of the case
2) Summarize the facts w/ reference to record
3) Contain statement of applicable law and jurisprudence
4) Tribunal’s statement and conclusion of the case
3) No petition for review or MR shall be refused due course or denied without
stating the legal basis.

Tenure of Judges/Justices
- SC: Justices may be removed only by impeachment
• Special Prosecutor has no authority to conduct an investigation on charges
against a member of the SC, in view of filing a criminal information. Because if
found guilty, he will be removed from office à violation of his security of tenure.
- LC: Judges shall hold office during GOOD BEHAVIOR until they reach the
age of 70 or become INCAPACITATED to discharge the duties of their offices.
• SC en banc shall have the power to discipline judges of LCs, or order their
dismissal by a vote of a majority of the members who took part in the
deliberations and voted
• NOTE: only cases involving dismissal of judges of LCs are required to be
decided by the Court en banc.
• First clause: declaration of grant of the disciplining power to and the
determination of the procedure in the exercise by the Court en banc
• Grounds for the removal of a judicial officer should be established beyond
reasonable doubt, particularly where the charges on which removal is sought
are misconduct in office, willful neglect, corruption, incompetence, etc.
• Judges cannot be disciplined for every erroneous order or decision rendered
in the absence of a clear showing of ill motive, malice or bad faith.
• The absence of bad faith or malice will not totally exculpate them from
charges of incompetence and ignorance of the law when they render
decisions that are totally bereft of factual and legal bases.
- No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its members.

Salaries
- Fixed by law
- May not be decreased during their continuance in office
- Imposition of income tax on salaries of judges does not violate the
constitutional prohibition against decrease in salaries

Periods of Decisions
- All cases filed after the effectivity of the Constitution must be decided and
resolved, from date of submission
• 24 months – SC
• 12 months – lower collegiate courts
• 3 months – all other lower courts
- Unless in the 2 latter cases, the period is reduced by the SC
- Certification to be signed by the Chief Justice/Presiding Justice shall be
issued stating the reason for delay
­ Must not sacrifice for expediency’s sake the fundamental requirements of
due process
­ “sin perjuicio” judgment without a statement of the facts in support of its
conclusions, to be later supplemented by the final judgment.
- Designed to prevent delay in the administration of justice.
- Failure to decide cases within the prescribed period is not excusable and
constitute gross inefficiency which is a ground for administrative sanction
against the defaulting judge.
- Judges who cannot comply with this mandate should ask for additional time,
explaining in their request the reasons for the delay.
- Despite expiration of the mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall
decide or resolve the case or matter submitted to it without further delay.
- Court does not lose jurisdiction despite the lapse of the mandatory period.

XI. CONSTITUTIONAL COMMISSION

Independent Constitutional Commission

1. Civil Service Commission
2. COMELEC
3. Commission on Audit

Safeguards Insuring the Independence of the Commission

1. constitutionally created, and not be abolished by statute
2. expressly described as “independent”
3. conferred certain powers and functions which cannot be reduced by statute
4. enjoy fiscal autonomy
 “no report, no release” policy may not be validly enforced against offices
vested with fiscal autonomy.
 Automatic release of approved annual appropriations to a constitutional
commission vested with fiscal autonomy should be construed to mean that no
condition to fund releases to it may be imposed.
 Provision in Section 3, Article VIII, prohibiting the reduction in the
appropriation for the Judiciary below the amount appropriated for the previous
year does not appear in Section 5, Article IX­A…. Congress is not prohibited
from reducing the appropriations Constitutional Commissions below the
amount appropriated for them for the previous year.
5. promulgate its own procedural rules, provided they do not diminish,
increase or modify substantive rights (subject to disapproval by the SC)
6. appoint their own officials and employees in accordance with Civil Service
Law
7. Chairman and members removed only by impeachment
8. Chairman and members are given a fairly long term of 7 years
9. Chairman and members may not be reappointed or appointed in an acting
capacity
10. salaries of Chairman and members are relatively high and may not be
decreased during continuance in office
11. Chairman and members are subject to certain disqualification calculated
to strengthen their integrity

Inhibitions/Disqualifications
1. not hold any other office or employment, during tenure
2. not engage in the practice of any profession
3. not engage in the active management or control of any business which in
any way may be affected by the functions of his office
4. not be financially interested, directly or indirectly, in any contract or in any
franchise or privilege granted by the Government

Rotational Scheme of Appointments

- First appointees serve terms of 7, 5 and 3 years.
- After the first commissioners are appointed, the rotational scheme is
intended to prevent the possibility of one President appointing all the
Commissioners.
- Rotational plan requires:
1. terms of the first commissioners should start on a common date
2. any vacancy due to death, resignation or disability before the expiration of
the term should only be filled for the unexpired balance of the term.

Decisions
1. Each Commission shall decide by a majority vote of all its members any
case or matter brought before it w/in 60 days from the date of its submission
for decision or resolution.
- Majority vote of ALL members and not only of those who participated in the
deliberations and voted thereon.
- Retired prior to promulgation of decision à votes should be considered
withdrawn, as if they had not signed the resolution; only the votes of the
remaining commissioners shall be counted.
- Treat the procedural requirements on deadlines realistically.
2. Aggrieved party may bring the decision to the SC on certiorari w/in 30 days
from receipt of copy
- When Court reviews a decision of the COMELEC, the Court exercises
extraordinary jurisdiction; thus the proceeding is limited to issues involving
grave abuse of discretion resulting in lack or excess of jurisdiction and does
not ordinarily empower the Court to review factual findings.
- Certiorari under R65 is the appropriate remedy.
- Judgment of the COA are not reviewable by ordinary writ of error or appeal
by certiorari to the SC. Only when COA acts without or in excess of
jurisdiction, or with GAD amounting to lack or excess of jurisdiction, may this
court entertain a petition for certiorari under R65.
- Decisions of the CSC shall be appealable by certiorari to the CA w/in 15
days from receipt of a copy. From the decision of the CA, the party adversely
affected thereby shall file a petition for review on certiorari under R45.

Enforcement of Decision
- Final decision of the CSC are enforceable by writ of execution which CSC
may itself issue.

CIVIL SERVICE COMMISSION

Composition
- Chairman
- 2 Commissioners

Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years old
3. proven capacity for public administration
4. not have been candidates for any elective position in the election
immediately preceding their appointment

Term
- Appointed by the President with the consent of the Commission on
Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or designated in temporary or
acting capacity.

Constitutional Objective/Function
1. central personnel agency of the Government
2. establish a career service
3. adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the civil service
4. strengthen merit and reward system
5. integrate all human resources development programs for all levels and
ranks
6. institutionalize a management climate conducive to public accountability

- Granting civil service eligibility to employees under provisional or temporary

status who have rendered 7 years of efficient service is DISCRETIONARY on
the CSC and may not be compelled by mandamus to issue such eligibility.
- CSC cannot validly abolish Career Executive Service Board
- Power to hear and decide administrative cases instituted before it directly or
on appeal, including contested appointments.
- Power to recall an appointment initially approved in disregard of the
applicable provisions of the Civil Service law and regulations.
- Original jurisdiction to hear and decide a complaint for cheating in the CS
examinations by a government employee.
- Decisions of lower level officials in cases involving personnel actions be
appealed to the agency head then to the CSC. (not RTC)
- CSC does not have appellate jurisdiction over a case of separation from
government service under Section 2, Article II of the Provisional Constitution.

Scope of the CS
- Embrace ALL branches, subdivisions, instrumentalities and agencies of the
Government, including GOCCs with original charter
­ “with original charter” refers to corporation chartered by special law as
distinguished from corporations organized under the Corporation Code
- Includes:
1. Economic Intelligence and Information Bureau
2. Jose M. Rodriguez Hospital
3. Philippine National Red Cross
4. UP
5. Morong Water District
- N/A:
1. National Housing Corporation

Classes of Service
1. Career Service
b. Description
- Entrance based on merit and fitness, as far as practicable by competitive
examinations
- Or based on highly and technical qualifications
- Opportunity for advancement to higher career positions
- Security of tenure
c. Includes:
1) Open Career Service
- Prior qualification in an appropriate examination is required
2) Closed Career Service
- Scientific or highly technical
3) Career Executive Service
- Undersecretaries, bureau directors, etc.
4) Positions in the Armed Forces of the Philippines
- Governed by a different merit system
5) Career Officers
- Other than those belonging to Career Executive Service, appointed by
President, e.g. foreign service
6) Personnel of GOCC w/ original charters
7) Permanent laborers (skilled, semi-skilled or unskilled)
d. Incumbents of positions which are declared to be CES positions for the first
time who hold permanent appointments shall remain under permanent status
in their position. Upon promotion or transfer to other CES positions, these
incumbents shall be under temporary status in said other CES positions until
qualify,
e. Mere fact that a position belongs to the CES does not automatically confer
security of tenure on the applicant. Such right will have to depend on the
nature of his appointment which depends on his eligibility or lack of it.
f. A person who does not have the requisite qualifications for the position
cannot be appointed.
- Exception: acting capacity in the absence of appropriate eligibles.
g. Security of Tenure in the CES – pertains only to RANK and not to the office
or the position to which they may be appointed.
1) Career executive service eligibility
2) Appointment to the appropriate career executive service rank
2. Non-Career Service
a. Description
- Entrance on bases other than those of the usual tests utilized for the career
service
- Tenure
1) limited to a period specified by law or
2) which is co-terminous with that of the appointing authority or
3) subject of his pleasure or
4) which is limited to the duration of a particular project for which purpose the
employment was made.
b. Includes:
1) Elective officials, personal and confidential staff
2) Department Heads and officials of Cabinet rank who holds office at the
pleasure of the President, personal and confidential staff
3) Chairmen and members of commissions/boards w/ fixed terms of office,
personal and confidential staff
4) Contractual personnel/ those whose employment in government is in
accordance with a special contract to undertake a specific work or job
requiring special or technical skills not available in employing agency, to be
accomplished within a period not exceeding 1 year, under his own
responsibility, with minimum direction and supervision
5) Emergency and seasonal personnel

- Under Administrative Code, the CSC is expressly empowered to declare

positions in the CS as primarily confidential.
- Enumeration in the Civil Service decree, which defined the non-career
service is not an exclusive list

Appointments in Civil Service

- According to merit and fitness to be determined, as far as practicable by
competitive examination
- Except to positions which are:
1) Policy-determining
2) Primarily confidential or
3) Highly technical
- Principles
1) Classification of a particular position as policy-determining, primarily
confidential or highly technical amounts to no more than an executive or
legislative declaration that is not conclusive upon the courts, the true test
being the nature of the position
2) The exemption provided pertains only to exemption from competitive
examination to determine merit and fitness to enter the civil service
- Exempt from competitive examination to determine merit and fitness:
1) Policy-determining
 Officer lays down principal or fundamental guidelines or rules
 E.g. department head
2) Primarily confidential
 Not only confidence in the aptitude if the appointee for the duties of the
office but primarily close intimacy which ensures freedom of intercourse
without embarrassment or freedom from misgivings or betrayal on confidential
matters of state
 NATURE of the position which determined whether a position is primarily
confidential, policy-determining or highly technical
 “proximity rule” – can be considered as confidential employee if the
predominant reason why he was chosen by the appointing authority was the
latter’s belief that he can share a close intimate relationship with the occupant
which ensures freedom of discussion without fear of embarrassment or
misgivings of possible betrayals of personal trust or confidential matters of the
State.
 Where the position occupied is remote from that of the appointing authority,
the element of trust between them is no longer predominant, and cannot be
classified as primarily confidential.
3) Highly technical – requires possession of technical skill in a superior
degree.

Discretion of the Appointing Authority

 Where the appointee possesses the minimum qualification requirements
prescribed by law for the position, the appointing authority has discretion who
to appoint.
 Even if officers and employees in the career service of the Civil Service
enjoy preference in the promotion, it is not mandatory that the vacancy be
filled by promotion.
 Discretion of the appointing authority is not only in the choice of the person
who is to be appointed, but also in the nature or character of the appointment
issued.
 CSC cannot convert temporary appointment to a permanent one à
arrogation of power belonging to appointing authority.
 May approve as merely temporary an appointment intended to be
permanent when the appointee does not possess the requisite eligibility and
the exigency of the service demands that the position be filled even in a
temporary capacity.

Role of the CSC

 Check if the appointee possesses the qualifications and appropriate
eligibility; if he does, appointment is approved; if he doesn’t, appointment is
disapproved.
 Selection or placement is made through the Placement Committee, the
members of which are the representatives of the head of the agency as well
as representatives of the employees. Said Committee’s work is merely
recommendatory.
 Appointment should be submitted to the CSC w/in 30 days from issuance;
otherwise, it shall be ineffective.
 CSC Memorandum Circular – only the appointing authority has the right to
challenge the CSC’s disapproval of an appointment.
• Abella, Jr. vs. CSC à both the appointing authority and the appointee are the
real parties in interest and both have legal standing
• Challenge to the appointing authority’s discretion
• While appointee has no vested right to the position, it was his elgibility that
was being questioned; he has a personal stake in the outcome

Disqualifications
1) Lost in any election within 1 year preceding the appointment
2) Elective official during tenure
3) Appointive official, except when allowed by law or the primary functions of
his position
• Ex­officio capacity

Security of Tenure
- Removed and suspended for case provided by law.
- Ground, procedure for investigation and the discipline of career service
officers and EEs à Career Service Law; Non-compliance constitutes denial of
the right to security of tenure
- Presidential appointee à direct disciplinary authority of the President
- Reassignment does not offend the constitutional guarantee
­ Reinstatement – deemed not to have left his office; entitled to payment of
back salaries, notwithstanding silence.
 Payment of back wages during the period of suspension of a civil servant
who is subsequently reinstated is proper only if he is found innocent of the
charges and the suspension is unjustified.
 BUT where the reinstatement is ordered not as a result of exoneration but
merely as an act of liberality, the claim for back wages was not allowed. It
follows the general rule that the public official is not entitled to compensation if
he has not rendered any service.
- Valid abolition of office does not violate the constitutional guarantee of
security of tenure.
- ROC, career service officer or employee who has been unlawfully ousted
from his office has 1 year within which to file an action in court to recover
office.
 Exception: Cristobal vs. Melchot à grounds of equity
­ Appellate jurisdiction of the CSC only over Merit System Protection Board’s
decisions in administrative disciplinary cases involving the imposition of the
penalty of suspension, fine, demotion in rank or salary, transfer, removal,
dismissal from office – not over MSPB decision exonerating the accused.
Only by the party adversely affected (Not ER).
- He who, while occupying one office, accepts another incompatible with the
first, ipso facto vacates the first office and his title thereto is thereby
terminated without any other act of proceeding.
 Canonizado vs. Aguirre: accepted another position while case questioning
the law that removed him from his first position was still pending.

Partisan Political Activity – no officer or employee in the civil service shall
engage, directly or indirectly, in any electioneering or partisan political
campaign
 Except to vote
 Does not prevent expression of views regarding political problems or
mention the names of the public officers he supports
 Applicable to military establishments à only to those in the active military
service, not to reservists
 Exemptions:
1. members of the Cabinet
2. public officers and employees holding political offices
 The above 2 are allowed to take part in political and electoral activities,
except to solicit contributions from their subordinates or commit acts
prohibited under the Election Code.

The right to Self-organization shall not be denied to government employees

 May not engage in strikes to demand changes in the terms and conditions
of employment because such are provided for by law.

Temporary employees of the Government shall be given such protection as

may be provided by law.

Standardization of Compensation
 Provided for by Congress (and also qualification required fir their positions)

Double Compensation
 No elective or appointive public officer or employee shall receive additional,
double or indirect compensation, UNLESS specifically authorized by law,
 Nor accept without the consent of Congress, any present, emoluments
office or title of any kind from any foreign government.
 Pensions and gratuities shall not be considered as additional, double or
indirect compensation.
 Retiree can continue to receive such pension/gratuity even after he accepts
another government position to which another compensation is attached.

Oath of Allegiance – shall take an oath or affirmation to uphold and defend
this Constitution

COMMISSION ON ELECTIONS

Composition
- Chairman
- 6 Commissioners

Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years old
3. holder of a college decree
4. not have been candidates in the immediately preceding election
5. majority, including the chairman, must be member of the Philippine Bar who
have been engaged in the practice of law for at least 10 years.

Term
- Appointed by the President with the consent of the Commission on
Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or designated in temporary or
acting capacity.

En Banc and Division cases

 It may sit en banc of in 2 division, and shall promulgate its rules of
procedure in order to expedite disposition of cases, including pre-
proclamation controversies.
 All such election cases shall be heard and decided in division, provided that
motions for reconsideration of decisions shall be decided en banc.
 Cases which must first be heard and decided in division
1. all election cases, including pre-proclamation contests, originally cognizable
by the Commission
2. cancel certificate of candidacy
3. cases appealed from the RTC or MTC (SC may motu proprio consider
question of jurisdiction)
4. petition for certiorari filed with COMELEC from a decision of the RTC or
MTC
 Exceptions:
1. error in tabulation results or tallying of results by the Board of Canvassers,
merely clerical in nature (petition for correction of manifest errors in the
Statement of Votes)
2. prosecution cases involving violation of election laws
 The rule that all election cases shall be heard and decided in division
applies only when the COMELEC exercises its adjudicatory powers or quasi-
judicial functions, not when it exercises purely administrative functions.

COMELEC decisions reviewable by the SC

1. decisions of COMELEC en banc, on certiorari
2. only decision of COMELEC in the exercise of its adjudicatory or quasi-
judicial power may be brought to SC on certiorari
• if merely administrative in character à ordinary civil action before trial courts

COMELEC en banc shall promulgate rules concerning pleadings and practice

before it or before any of its offices, but they must not diminish, increase or
modify substantive rights
• subject to the rule that rules of procedure of special courts and quasi­judicial
bodies shall remain effective unless disapproved by the SC
• rules on civpro regarding demurrer to evidence cannot apply to election
cases, even by analogy in suppletory character.
• Authority to suspend reglamentary periods provided by its rules, or the
requirement of NFS, in the interest of justice and speedy resolution of cases.
It is not constrained to dismiss a case on the ground of non-payment of filing
fees.
• Fingerprinting of chairman and members of the Board of Election Inspectors
is an internal matter and may be done even without prior notice.

Constitutional Powers and Functions

1) Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum or recall
2) Exclusive original jurisdiction
a. All contests relating to the elections, returns and qualifications of all elective
regional, provincial and city officials.
?Exclusive appellate jurisdiction
b. All contests involving elective municipal officials decide by RTC
c. Elective barangay officials decided by MTC
3) Decide all questions relating to elections
 Determination of the number and location of polling places
 Appointment of election officials and inspectors
 Registration of voters
 EXCEPT: right to vote
4) Deputize law enforcement agencies and instrumentalities for the exclusive
purpose of ensuring free, orderly , honest and peaceful and credible elections,
with concurrence of President
5) Accredit Citizen’s Arm and Register political parties, coalitions or
organizations
 After sufficient publication
 Present platform/program of government
6) File petition in court for the inclusion/exclusion of voters, upon verified
complaint or in its own initiative; investigate and/or prosecute cases for
violations of election laws
7) Recommend to Congress effective measures to minimize election
spending, limitation of places where propaganda materials shall be posted
and to prevent and penalize all forms of election frauds, offenses, malpractice
and nuisance candidates
8) Submit to the President and Congress a comprehensive report on the
conduct of each election, plebiscite initiative, referendum or recall

Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum or recall
• Initiative: power of the people to propose amendments to the Constitution or
to propose and enact legislation through an election called for the purpose.
• Referendum: power of the electorate to approve or reject legislation through
an election called for the purpose
• Recall: termination of official relationship of a local elective official for loss of
confidence prior to the expiration of his term through the will of the electorate
• Plebiscite: submission of constitutional amendments or important legislative
measures to the people for ratification.
1) Broad powers – promulgate rules and regulations in the enforcement of
laws relative to elections
• Enforcement of provisions of the Omnibus Election Code à exclusive
jurisdiction of the COMELEC
• Includes the ascertainment of the identity of a political party and its
legitimate officers
• Does not authorize the COMELEC, motu proprio, without the proper
proceedings, to deny due course to cancel a certificate of candidacy filed in
due form.
• Election and contests involving election of Sangguniang Kabataan elections
do NOT fall within jurisdiction of the COMELEC à DILG
• Authority to annul results of plebiscite (through pre­proclamation case of
revision of ballots)
2) Regulatory power over media of transportation, communication and
information
• to ensure equal opportunity, time, space, right to reply, etc.
• during election period
• exercised only over the media, not over practitioners of media
3) No pardon, amnesty, parole, etc, for violation of election laws shall be
granted by the President without its favorable recommendation
4) COMELEC cannot exercise power of apportionment
5) Power to declare failure of election
• The election in any polling place has not been held on the date fixed on
account of force majeure, violence, terrorism, fraud or other analogous case
• The election in any polling place has been suspended before the hour fixed
by law for the closing of the voting on account of force majeure, violence,
terrorism, fraud or other analogous case
• After the voting and during the preparation and transmission of the election
returns or in custody or canvas, such election results in a failure to elect on
account of force majeure, violence, terrorism, fraud or other analogous case.
• Petition must show, on its face
1) No voting has taken place in the precint on the sate fixed by law or even if
there was voting, the result nevertheless results in a failure to elect
2) Votes not cast would affect the result of the election
6) Not authorized to make an unofficial quick count of presidential election
results

Exclusive original jurisdiction

• All contests relating to the elections, returns and qualifications of all elective
regional, provincial and city officials.

Exclusive jurisdiction over pre-proclamation cases

• Possible conflict with HR/S ET foreclosed by Section 15, RA 7166 à
prohibits pre-proclamation controversies in national offices (EXCEPT on
question involving the composition and proceedings of the Board of
Canvassers)
• ET over a member à only after proclamation

COMELEC without the power to partially/totally annul a proclamation or to

suspend the effects of a proclamation without notice and hearing à violation of
due process clause

Power to issue writs of prohibition, certiorari, etc.

• In the exercise of its exclusive appellate jurisdiction

Exclusive appellate jurisdiction

• All contests involving elective municipal officials decide by RTC
• Elective barangay officials decided by MTC
• Decisions shall be final, executory and unappealable
• Appeal to the COMELEC from RTC must be filed within 5 days from receipt
of a copy of the decision.
• MR of RTC decision is a prohibited pleading and does not interrupt running
of period for appeal.
• Mere filing of notice of appeal is not sufficient, must be accompanied by
payment of correct amount of appeal fee.
 Permissive – COMELEC may give due course, and the subsequent
payment cures the procedural defect.

Execution Pending Appeal

 COMELEC cannot deprive RTC of its competence to order the execution of
judgment pending appeal, because the mere filing of an appeal does not
divest the TC of its jurisdiction over a case.
 Factors:
1) Public interest involved or will of the electorate
2) Shortness of the remaining portion of the term
3) Length of time that the election contest has been pending
 Strictly construed against the movant being an exception to the general
rule.
 Filed before expiration of the period for appeal.
 Judgments which may be executed pending appeal need not only be those
rendered by the TC, but by the COMELEC as well.

Decide all questions relating to elections

 As an incident to its duties concerning registration of voters, it may decide a
question involving the right to vote, but decision shall be subject to judicial
review.
 Exercising purely administrative power à may not punish for contempt

Deputize law enforcement agencies and instrumentalities for the exclusive

purpose of ensuring free, orderly, honest and peaceful and credible elections,
with concurrence of President
 May recommend to the President the removal of any officer it has
deputized, or the imposition of any other sanction for disobedience, violation
or disregard of its orders.

Accredit Citizen’s Arm and Register political parties, coalitions or
organizations
 Authority to promulgate the necessary rules to enforce and administer all
election laws includes the determination of appropriate periods for the
accomplishment of pre-election acts, e.g. filing petitions for registration under
the party-list system.

File petition in court for the inclusion/exclusion of voters, upon verified

complaint or in its own initiative; investigate and/or prosecute cases for
violations of election laws
 Finding of probable cause in the prosecution of election offenses rests in
the COMELEC’s sound discretion
 Includes the authority to decide whether or not to appeal the dismissal of a
case by the TC.
Recommend to Congress effective measures to minimize election spending,
limitation of places where propaganda materials shall be posted and to
prevent and penalize all forms of election frauds, offenses, malpractice and
nuisance candidates

Submit to the President and Congress a comprehensive report on the conduct

of each election, plebiscite initiative, referendum or recall

Statutory Powers of the COMELEC

1) Exercise supervision and control over official required to perform duties
relative to the conduct of elections
2) Promulgate rules and regulations
3) Punish contempt
4) Inquire into financial records of candidates, groups, etc.
5) Prescribe forms to be used in elections
6) Procure supplies and materials needed for elections
7) Enlist non-partisan groups to assist it
8) Fix periods for pre-election requirements
9) Power to declare failure of election; call for special election
10) Exclusive original jurisdiction over all pre-proclamation cases

Power to declare failure of election; call for special election

 Sitting en banc and by a majority vote of its members
 Motu proprio or upon a verified petition
 Hearing of the case shall be summary in nature
 Petition to declare a failure of election is neither an election protest nor a
pre-proclamation controversy
 Validity of an election, it is essential that the voters have notice in some
form, either actual or constructive, of the time, place and purpose.
 Time must be authoritatively designated in advance
 Stricter in cases of special election, at least there must be substantial
compliance
 In fixing date of special election:
1) Should not be later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect
 Not absolute; directory
 Residual powers to conduct special elections even beyond the deadline
prescribed
2) Reasonably close to the date of the election not held, suspended, or which
resulted in failure
 No law which provides for a reglementary period within which to file a
petition for the annulment of an election if there has been no proclamation yet
 Legally remain in office in “hold­over” capacity until successors have been
elected and qualified (LGC limits term of barangay officials to 3 years)

Exclusive original jurisdiction over all pre-proclamation cases

 GR: COMELEC restricted, in ore-proclamation cases, to an examination of
the election returns on their face and is without jurisdiction to go beyond them
and investigate election irregularities.
 Exception: duty-bound to investigate allegations of fraud, terrorism, violence
and other analogous cases in an action for annulment of election results or for
a declaration of failure of elections. (may conduct technical examination of
election documents and analyze signatures and fingerprints in order to
determine whether the election has been free, honest and clean)

Party-System - a free and open party-system shall be allowed to evolve

according to the free choice of the people
 Votes cast in favor of political party, organization or collation that are
REGISTERED.
 Entitled to appoint poll watchers in accordance with law.

Election Period
 Commence 90 days before the day of the election and shall end 30 days
thereafter
 Exception: period fixed by COMELEC in special cases

Judicial Review of COMELEC Decisions

 Petition for certiorari (R65)
 Filed with SC
 w/in 30 days from receipt of decision of COMELEC en banc

COMMISSION ON AUDIT

Composition
- Chairman
- 2 Commissioners

Qualifications
1. Natural-born
2. at least 35 years old
3. CPAs with not less than 10 years of auditing experience OR members of
the Philippine Bar with at least 10 years practice of law
4. not have been candidates in the election immediately preceding the
appointment
5. no time shall ALL members belong to the same profession

Term
- Appointed by the President with the consent of the Commission on
Appointments
- Term of 7 years, without reappointment

Powers and Duties

1. Examine, audit and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property owned or held in
trust or pertaining to the Government
2. Keep the general accounts of Government and preserve vouchers and
supporting papers for such period as provided by law
3. authority to define the scope of its audit and examination, establish
techniques and methods required therefore
4. Promulgate accounting and auditing rules and regulations, including those
for the prevention and disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of government funds or
property

Examine, audit and settle all accounts pertaining to the revenue and receipts
of, and expenditures or uses of funds and property owned or held in trust or
pertaining to the Government
 Post-audit basis
1. Constitutional Commissions and bodies/offices granted fiscal autonomy
2. autonomous state colleges and universities
3. GOCCs and subsidiaries – with or without original charter
4. Non-governmental entities receiving subsidy or equity
 Temporary or special pre-audit
 Duty to pass in audit a salary voucher is discretionary
• Exception: authority of Auditor General is limited to auditing (whether 1)
there is a law appropriating funds for a given purpose, 2) goods or services
have been delivered, 3) payment has been authorized) à presence of all, duty
to pass a voucher in audit becomes MINISTERIAL.
 COA may validly veto appropriations which violated rules on unnecessary,
irregular or unconscionable expenses, under 1987 Constitution.

Keep the general accounts of Government and preserve vouchers and

supporting papers for such period as provided by law
Authority to define the scope of its audit and examination, establish
techniques and methods required therefore
 EXCLUSIVE
2. Power to define the scope of its audit
3. Promulgate auditing rules and regulations
4. Power to disallow unnecessary expenditures
 NOT Exclusive à power to examine and audit

Promulgate accounting and auditing rules and regulations, including those for
the prevention and disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of government funds or
property
 COA may stop the payment of the price stipulated in the government
contracts when found to be irregular, extravagant or unconscionable.
 May prohibit the use of government vehicle by officials who are provided
with transportation allowance.

Jurisdiction of the Commission

 No law shall be passed exempting any entity of Government or any
investment of public funds from the jurisdiction of the Commission on Audit
 Water districts are subject to jurisdiction of COA
 Authority to investigate whether directors/officials/employees of GOCCs,
receiving additional allowances and bonuses are entitled to such.
 Failure of bidding:
1. only one offeror
2. all the offers are non­complying or unacceptable – does not speak of
accepted bids but of offerors, without disctinction as to whether they are
qualified or not.

XII. LOCAL GOVERNMENT

XIII. ACCOUNTABILITY OF PUBLIC OFFICERS

Statement of Policy
• Public office is a public trust.
• Public officers and employees must at all times be accountable to the
people,
• Serve them with utmost responsibility, integrity, loyalty and efficiency,
• Act with patriotism and justice
• And lead modest lives.

Impeachment
• National inquest into the conduct of public men
• Impeachable Officers
1. President
2. Vice President
3. Chief Justice
4. Associate Justices of SC
5. Chairmen and Members of ConCom
6. Ombudsman
* enumeration is exclusive
• Impeachable officer who is a member of the Philippine Bar cannot be
disbarred without first being impeached.
• Grounds:
1. Culpable violation of the constitution
2. treason
3. bribery
4. graft and corruption
5. other high crimes
6. betrayal of public trust
* enumeration is exclusive
• Procedure for Impeachment – Congress shall promulgate its rules
1. Initiating Impeachment Case
• House of Representative shall have the exclusive power to initiate all cases
of impeachment.
• Deemed initiated when the complaint (with accompanying resolution of
indorsement) has been filed with the House of Representatives and referred
to the appropriate Committee.
• Initiated by
1. any Member of the House of Representatives OR
2. by any citizen upon a resolution of endorsement by any Member
• Included in the order of business w/in 10 session days and referred to the
proper Committee w/in 3 session days.
• If the verified complaint is filed by at least 1/3 of all the members of the
House, the same shall constitute the Articles of Impeachment and the trial by
Senate shall forthwith proceed (no need to refer the same to the proper
Committee)
• The Committee, after hearing, and by a majority vote of all its members,
shall submit its report to the House w/in 60 session days
• A vote of at least 1/3 of all the members of the House shall be necessary to
affirm a favorable resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution.
• The vote of each member shall be recorded.
2. Limitations on initiating Impeachment Case
• Not more than once within a period of 1 year against the same official.
3. Trial and Decision
• The Senate shall have the sole power to try and decide all cases of
impeachment.
• The Senators shall be on oath or affirmation.
• President is on trial, the Chief Justice of the SC shall preside, but shall not
vote.
• A decision of conviction must be concurred in by at least 2/3 of all members
of the Senate.
4. Effect of Conviction
• Removal from office and disqualification to hold office.
• Party convicted shall be liable and subject to prosecution, trial and
punishment according to law.

THE SANDIGANBAYAN
• Anti­graft court

Composition
• 1 Presiding Justice
• 8 Associate Justices
• With the rank of the Justice of the CA
• Sits in 3 divisions of 3 members each

Jurisdiction
• Following must concur:
1. violation of RA 3019, RA 1379, Chapter 2 Section 2 Title 7 Book II of RPC,
Eos 1, 2, 14 and 14-A or other offenses of felonies whether simple or
complexed with other crimes;
2. offender is public official or employees holding any of the positions
enumerated in par a Sec 4 RA 8249; and
3. offenses committed in relation to the office
• Only instance when Sandiganbayan may exercise jurisdiction over a private
individual is when the complaint charges him either as a co-principal,
accomplice or accessory of a public officer who has been charged with a
crime within the jurisdiction of the Sandiganbayan.
• Whether or not the Sandiganbayan or the RTC has jurisdiction shall be
determined by the allegations in the information specifically on whether or not
the acts complained of were committed in relation to the official functions of
the accused.
• Required that the charge be set forth with particularity as will reasonable
indicate that the exact offense which the accused is alleged to have
committed is one in relation to his office.
• Ramification of Section 7, RA 8249
1. if the trial of the cases pending before whatever court has already begun as
of the approval of RA 8249, the law does not apply;
2. if trial of cases pending before whatever court has not begun as of the
approval of RA 8249, then the law applies and the rules are:
a. if SB has jurisdiction over a case pending before it, then it retains
jurisdiction
b. if SB has no jurisdiction over a case pending before it, case shall be
referred to the regular courts
c. if SB has jurisdiction over a case pending before a regular court, the latter
loses jurisdiction and the same shall be referred to the Sandiganbayan
d. if a regular court has jurisdiction over a case pending before it, then said
court retains jurisdiction

Decision/Review
• Unanimous vote of all 3 members required for the pronouncement of
judgment by a division.
• Decisions of the Sandiganbayan shall be reviewable by the SC on petition
for certiorari
• Mandatory for the Sandiganbayan to suspend any public officer against
whom a valid information charging violation of that law, or any offense
involving fraud upon the government or public funds or property is filed. (RA
3019)
• The appellate jurisdiction of the SC over decisions and final orders of the
Sandiganbayan is limited to questions of law.

THE OMBUDSMAN
• Tanodbayan
Composition
• One overall Deputy
• At least one deputy for Luzon, Visayas and Mindanao
• Separate deputy for the military establishment may likewise be appointed

Qualifications
1) Natural-born
2) At least 40 years of age
3) Recognized probity and independence
4) Members of the Philippines Bar
5) Must not have been candidates for any elective office in the immediately
preceding election
6) Ombudsman must have been a judge or engaged in the practice of law for
10 years or more

Appointment of the Ombudsman and his Deputies

• By President
• From a list of 6 nominees prepared by the Judicial and Bar Council
• From a list of 3 nominees for every vacancy; all vacancies must be filled in 3
months.

Term of Office
• 7 years without reappointment

Rank and Salary

• Rank of Chairman and Members of the ConCom
• Receive the same salary which shall not be decreased during their term of
office

Fiscal Autonomy

Disqualifications/Inhibitions – During their tenure shall:
1) Not hold any other office or employment
2) Not engage in the practice of any profession or in the active management
or control of any business which may in any way be affected by the functions
of his office
3) Not be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government
4) Not be qualified to run for any office in the election immediately succeeding
their cessation from office

Powers and Duties

• jurisdiction of the Ombudsman over government­owned or controlled
corporations, 3 Requisites:
1) agency organized as a stock or non-stock corporation
2) vested with functions relating to public needs, whether government or
proprietary
3) owned by the Government directly or through its instrumentalities, either
wholly or, where applicable as in the case of stock corporations, to the extent
of at least 51% of capital stock
• Special Prosecutor may prosecute before the Sandiganbayan judges
accused of graft and corruption, even if they come under the administrative
supervision of the SC.
• Tanodbayan could review and reverse the findings of the City Fiscal and
order him to withdraw certain charges, inasmuch as the President’s power of
control is exercised not by the Secretary of Justice but by the Tanodbayan
because the offense/s charged were allegedly committed by a public
functionary in connection with his office.
• For purposes of initiating a preliminary investigation before the Office of the
Ombudsman, a complaint “in any form or manner” is sufficient.
• Ombudsman or his deputy is authorized to preventively suspend any officer
or employee under his authority pending an investigation irrespective of
whether such officer or employee is employed in the Office of the
Ombudsman or in any other government agency.
• Whether evidence of guilt is strong to warrant preventive suspension is left
to the determination of the Ombudsman. There is no need for preliminary
hearing.
• Congress can, by statute, prescribe other powers, functions and duties to
the Ombudsman.
• He may utilize the personnel of his office to assist in the investigation of the
cases, the Ombudsman may refer cases involving non-military personnel for
investigation by the Deputy Ombudsman for Military Affairs.
• Power to cite for contempt; exercised by the Ombudsman while conducting
preliminary investigation because preliminary investigation is an exercise of
quasi-judicial functions.
• Appeals shall be made to the CA in accordance with R43.
• “any illegal act or omission of any public official” is broad enough to embrace
any crime committed by a public official or employee.
• Power of the Ombudsman to investigate and to prosecute, as granted by
law, is plenary and unqualified.
• The authority of the Ombudsman to investigate is not an exclusive authority,
but rather a shared or concurrent authority with the Department of Justice
Panel of Investigators, “in respect of the offense charged”
• It is not for the court to review the Ombudsman’s paramount decision in
prosecuting or dismissing a complaint filed before his office.
 Exception: grave abuse of discretion on the part of the Ombudsman in
either prosecuting or dismissing a case before it is evident.
• Case law holds that the Court is loathe to interfere with the exercise by the
Ombudsman of its powers.
• While the Office of the Ombudsman has the discretion to determine whether
an information should be withdrawn and a criminal case should be dismissed,
and to move for the withdrawal of such information or dismissal of a criminal
case, the final disposition of the said motion and of the case is addressed to
the sound discretion of the Sandiganbayan, subject only to the caveat that the
action of the Sandiganbayan must not impair the substantial rights of the
accused and the right of the people t due process of law.
• RA 1405 (Law on Secrecy of Bank Deposit) – before an in camera
inspection of bank accounts may be allowed:
1) there must be a pending case before a court of competent jurisdiction
2) account must be clearly identified
3) inspection limited to the subject matter of the pending case before the court
4) bank personnel and account holder must be notified to be present during
the inspection
5) inspection may cover only the account identified in the pending case
• investigation being done by the Ombudsman is NOT one before a court of
competent jurisdiction
• Ombudsman has no authority to directly dismiss a public officer from
government service
 Can only recommend to the officer concerned the removal of a public officer
or employee found to be administratively liable
 HOWEVER the refusal, without just cause, of any officer to comply with
such an order of the Ombudsman to penalize an erring officer or employee is
a ground for disciplinary action.
• Special Prosecutor
 Existing Tanodbayan (at the time of the adoption of the 1987 Constitution)
shall be known as the Special Prosecutor.
 It shall continue to function and exercise its powers as now or hereafter
provided by law, except those conferred to the Office of the Ombudsman.

Ill-gotten Wealth
 Right of the State to recover properties unlawfully acquired by public
officials or employees, from them or from their nominees or transferees, shall
not be barred by prescription, laches or estoppel.
 Applies only to civil actions for recovery of ill-gotten wealth and not to
criminal cases.

Restriction on Loans
 No loan, guaranty or other form of financial accommodation for any
business purpose may be granted directly or indirectly by any government
owned or controlled bank or financial institution to (during their tenure):
2) President
3) VP
4) Members of the Cabinet
5) Congress
6) SC
7) ConCom
8) Ombudsman
9) Any firm or entity in which they have controlling interest

Statement of Assets, Liabilities and Net Worth

 A public officer or employee shall, upon assumption of office and as often
as may be required by law, submit a declaration under oath of his assets,
liabilities and net worth.
 Declaration shall be disclosed to the public in the manner provided by law in
case of:
1) President
2) VP
3) Members of the Cabinet
4) Congress
5) SC
6) ConCom
7) Other constitutional offices
8) Officers of the armed forces of general or flag rank

Allegiance to the State and to the Constitution

 Any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure shall
be dealt with by law.

XIV. NATIONAL ECONOMY AND PATRIMONY

Goals
1. equitable distribution of opportunities, income and wealth
2. sustained increase in amount of goods and services, produced by the
nation for the benefit of the people
3. expanding productions as the key to raising the quality of life

For attainment of these goals, the State shall:

 Promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and
efficient use of human and natural resources and which are competitive in
both domestic and foreign markets.
 State shall protect Filipino enterprises from unfair competition and trade
practices.

Natural Resources
 All lands of public domain, waters, mineral, coal, petroleum and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna and other natural resources are owned by the State.
 With the exception of agricultural lands, all other natural resources shall not
be alienated.
 Regalian Doctrine: all agricultural, timber and mineral lands are subject to
the dominion of the State.
• Before any land may be classified from the forest group and converted into
alienable or disposable land from agricultural or other purposes, there must
be positive act from the Government.
• Absence of proof that property is privately owned, the presumption is that it
belongs to the State.
• Any possession, no matter how lengthy, cannot ripen into ownership. And all
lands not otherwise appearing to be clearly within private ownership are
presumed to belong to the State.
 Tasks of administering and disposing lands of public domain belongs to the
Director of Lands and ultimately the Secretary of DENR.
 The classification of public lands is an exclusive prerogative of the
Executive Department through the Office of the President. In the absence of
classification, the land remains unclassified public land until released and
rendered open for disposition.
 Forest land is not capable of private appropriation and occupation in the
absence of a positive act of the Government declassifying it into alienable and
disposable.

Imperium: government authority possessed by the State, embraced in

sovereignty and its capacity to own and acquire property.

Dominium: lands held by the State in its proprietary character. It may provide
for the exploitation and use of lands and other natural resources, including
their disposition, except as limited by the Constitution.

Citizenship Requirements
1. Co-production, joint venture or production sharing agreements for
exploration, development and utilization of natural resources
• Filipino citizens
• Corporations at least 60% of whose capital is Filipino­owned
• Agreements shall not exceed 25 years, renewable for another 25
2. Use and enjoyment of the nation’s marine wealth
• Exclusively to Filipino citizens
• Protect the rights of subsistence fishermen, especially of local communities
to the preferential use of the communal marine and fishing resources, both
inland and offshore.
• “Marginal Fisherman” – individual engaged in fishing whose margin of return
or reward from his harvest of fish, as measured by existing price levels, is
barely sufficient to yield a profit or cover the cost of gathering the fish.
• “Subsistence Fishermen” – catch yields but the irreducible minimum for his
livelihood.
• LGC defined “marginal farmer or fisherman” ­ engaged in the subsistence
farming or fishing which shall be limited to the sale, barter or exchange of
agricultural or marine products.
• Preferential right granted to them is not absolute.
3. Alienable lands of public domain

• Filipino citizens may acquire not more than 12 hectares by purchase,
homestead or grant OR lease more than 500 hectares
• Private corporation may lease not more than 1,000 hectares for 25 years,
renewable for another 25 years
4. Certain areas of investment (as Congress shall provide when national
interest so dictates)
• Filipino citizens
• Corporations at least 60% of whose capital is Filipino­owned
• Congress may prescribe higher percentage of Filipino ownership
• Filipino First Policy
o positive command which is complete in itself
o needs no further guidelines or implementing rules or laws for its operation
o per se enforceable
o Filipinos should be preferred and when the Constitution declares that a right
exists in certain specified circumstances, an action may be maintained to
enforce this right.
5. Franchise, certificate or authorization for the operation of a public utility
• Citizens of the Philippines
• Corporations at least 60% of whose capital is Filipino­owned
• Franchise, certificate or authorization shall not be exclusive nor for a period
for more than 50 years, and shall be subject to amendment, alteration or
repeal by Congress. All executive and managing officers must be Filipino
citizens.
• No franchisee can demand or acquire exclusivity in the operation of a public
utility.
• Congress does not have the exclusive power to issue such authorization à
also administrative bodies.
• Franchise for the operation of public utility à does not require a franchise
before one can own the facilities needed to operate a utility, so long as it does
not operate them to serve the public.
• Public utility: business or service engaged in regularly supplying the public
with some commodity or service of public consequence. Implies public use
and service.
• All broadcasting, whether radio or television, is licensed by the Government.
They do not own the airwaves and frequencies and they are merely given he
temporary privilege.
• A franchise is a privilege subject to amendment.
• Joint venture falls within the purview of association; if it wishes to engage in
the business of operating a public utility, must comply with the 60-40%
Filipino-foreign capitalization requirement.

Classification of Lands of Public Domain

• Lands of public domain are classified into:
1. agricultural
2. forest or timber
3. mineral lands
4. national parks
• Agricultural lands may further be classified by law according to the uses to
which they may be devoted.
• Congress shall determine by law the size of the lands of the public domain
which may be acquired, developed, held or leased and conditions therefore.
• The classification of public lands is a function of the executive branch of the
Government – Director of the Land Management Bureau.
• The decision of the Director, when approved by the Secretary of the
Department of Environment and Natural Resources as to questions of fact is
conclusive upon the courts.
• Alienable lands of the public domain shall be limited to agricultural lands.
 Forest land cannot be owned by private persons.
 It is not registrable and possession thereof, no matter how lengthy, cannot
convert it into private land, unless the land is reclassified and considered
disposable and alienable.
 Foreshore land is that part of the land which is between the high and low
water, and left dry by the flux and reflux of the tides. It is part of the alienable
and of the public domain and may be disposed of only by leased and not
otherwise.
• Private corporations or associations may not hold such alienable lands of the
public domain except by lease.
 It would cease to be public land only upon the issuance of the certificate of
title to any Filipino citizen qualified to acquire the same.
 1973 Constitution cannot impair vested rights. Where the land was acquired
in 1962 when corporations were allowed to acquire lands not exceeding 1,024
hectares, the same may be registered in 1982.
 The 1987 Constitution prohibits private corporations from acquiring
alienable lands of the public domain.
• Congress shall determine the specific limit of forest land and national parks,
marking clearly their boundaries on the ground.
• The State shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social and cultural well being.

The Stewardship Concept

 The use of property bears a social function, and all economic agents shall
contribute to the common good, individuals and private groups, including
corporations, cooperatives and similar collective organizations, shall have the
right to own, establish and operate economic enterprises, subject to the duty
of the State to promote distributive justice and to intervene when the common
good so demands.
• The State shall apply the principles of agrarian reform or stewardship,
whenever applicable, in the disposition or utilization of other natural
resources.
• Including lands of the public domain under lease or concession suitable to
agriculture, subject to prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral lands.
• The State may resettle landless farmers and farm workers in its own
agricultural estates which shall be distributed to them in the manner provided
by law.
Private Lands
- Private lands shall be transferred or conveyed to individuals, corporations or
associations qualified to acquire or hold lands of the public domain.
- Exception: in cases of hereditary succession
- Any sale or transfer in violation of the prohibition is null and void.
- Being an alien, disqualified from acquiring and owning real property.
• Neither can petitioner recover the money he had spent for the purchase.
• Equity, as a rule, will follow the law, and will not permit to be done indirectly
that which, because of public policy, cannot be done directly.
- Action to recover the property sold filed by the former owner will lie, the pari
delicto ruling having been abandoned.
- The lease for 99 years with a 50-year option to purchase the property if and
when Wong Heng would be naturalized is a virtual surrender of all rights
incident to ownership and therefore invalid. (PNB vs. Lui She)
- Land tenure is not indispensable to the free exercise of religious profession
and worship.
• A religious corporation, controlled by non­Filipinos, cannot acquire and own
lands even for a religious use or purpose.
• For a religious corporation sole to acquire lands, it must appear that at least
60% of the faithful or its members are citizens of the Philippines in order to
comply with the citizenship requirement.
• This is so regardless of the citizenship of the incumbent inasmuch as a
corporation sole is merely an administrator of the temporalities or properties
titled in its name and for the benefit of its members.
­ Land sold to an alien which was later transferred to a Filipino citizen – or
where the alien later becomes a Filipino citizen can no longer be recovered by
the vendor because ether is no longer any public policy involved.
- Exceptions to the Rule:
1. Hereditary Succession
• Exception: testamentary disposition
2. A natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands
• Filipino citizen may acquire 5,000 square meters of urban land
• Filipino citizen may acquire 3,000 hectares of rural land
• May be used for residence, business and for other purposes.

3. Americans hold valid title to private lands as against private persons

• Titles to private lands acquired by such persons before such date (July 3,
1974) shall be valid as against private persons only) – Transitory Provision of
the 1973 Constitution.
• Previous owner may no longer recover land from an American buyer who
succeeded in obtaining title over the land.
• Only the State has the superior right to the land through the institution of
escheat proceeding (as a consequence of the violation of the Constitution) or
through an action for reversion (as expressly authorized under the Public
Land Act with respect to lands which formerly formed part of the public
domain).

Remedies to Recover Private Land from Disqualified Alien

1. Escheat Proceedings
2. Action for Reversion under Public Land Act
 The Director of Lands has the authority and the specific duty to conduct
investigation of alleged fraud in obtaining free patents and the corresponding
titles to alienable public lands.
 And if the facts warrant, to file the corresponding court action for the
reversion of the land to the State.
 Imprescriptible.
 State, alone, which may institute reversion proceedings against public lands
allegedly acquired through fraud and misrepresentation.
 Private parties are without legal standing at all question the validity of
respondent’s title.
 Property in dispute is still part of the public domain, only the State can file
suit for reconveyance of such public land.
 The State can be in estoppel by the mistakes or errors of its officials or
agents.
o Estoppel against the State is not favored; it may be invoked only in rare and
unusual circumstances.
o State may not be allowed to deal dishonorably or capriciously with its
citizens.
o State may be held in estoppel for irregular acts and mistakes of its officials.
o Republic vs. CA, where the State failed to correct and recover the alleged
increase in the land area of the titles issued, the prolonged inaction strongly
militates against its cause, tantamount to laches.
o Laches – failure or neglect, for an unreasonable and unexplained length of
time, to do that which by exercising due diligence could or should have been
done earlier.
o The negligence or omission to assert a right within a reasonable time,
warranting a presumption that the party entitled to assert it either abandoned
it or decline to assert it.

3. Action for recovery filed by the former Filipino owner, the pari delicto ruling
having been abandoned, unless the land is sold to an American citizen prior
to July 3, 1974 and the American citizen obtained title thereto.

Preference for Filipino Labor, etc.

- The State shall promote the preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt measures that help make
them competitive.

Practice of Profession
- The practice of all profession shall be limited to Filipino citizens
- Exception: in cases prescribed by law
Cooperatives
- Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.
- RA 6939: An Act Creating the Cooperative Development Authority
- CDA is devoid of any quasi-judicial authority to adjudicate intra-cooperative
disputes and, more particularly, disputes related to the election of officers and
directors of cooperatives.
- CDA may conduct hearings and inquiries in the exercise of its administrative
functions.

Monopolies
- Policy: the State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair competition
shall be allowed.
­ Monopoly – a privilege or peculiar advantage vested in one or more persons
or companies, consisting in the exclusive right to carry on a particular
business or trade, manufacture a particular article, or control the sale of a
particular commodity.
- Monopolies are not per se prohibited by the Constitution but may be
permitted to exist to aid the government in carrying on an enterprise or to aid
in the performance of various services and functions in the interest of the
public.
- Subjected to a higher level of State regulation.
- Desirability of competition is the reason for the prohibition against restraint of
trade.
- The reason for the interdiction of unfair competition and the reason for the
prohibition of unmitigated monopolies.
- A market controlled by one player (monopoly) or dominated by a handful of
players (oligopoly) is hardly the market where honest-to-goodness
competition will prevail.
- Constitution enshrined free enterprise as a policy, it nevertheless reserves to
the Government the power to intervene whenever necessary for the
promotion of the general welfare.

Central Monetary Authority

- Congress shall establish an independent central monetary authority, the
members of whose governing board must be:
2. natural-born
3. known probity, integrity and patriotism
4. majority of whom shall come from the private sector
- The authority shall:
1. provide policy direction in the areas of money banking and credit
2. have supervision over the operations of banks
3. exercise such regulatory powers as may be provided by law over the
operations of finance companies and other institutions performing similar
functions
- Until Congress otherwise provides, the Central Bank shall function as the
central monetary authority.

XV. SOCIAL JUSTICE AND HUMAN RIGHTS

Policy Statement
- Congress shall give highest priority to the enactment of measures that
 protect and enhance the right of all the people to human dignity
 reduce social, economic, and political inequalities
 and remove cultural inequities by equitably diffusing wealth and political
power for the common good.
- To this end, the State shall regulate the acquisition, ownership, use and
disposition of property and its increment.
- The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.
- Pursuit to social justice cannot justify breaking the law.
­ The State’s solitude for the destitute and the have­nots does not mean it
should tolerate usurpation of property, public or private.

Labor
- The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all.
- It shall guarantee the rights of all workers to:
1. self-organization
2. collective bargaining and negotiations
3. peaceful concerted activities, including the right to strike in accordance with
law
- They shall be entitled to:
1. security of tenure
2. humane conditions of work
3. living wage
- They shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
- The State shall promote the principle of shared responsibility between the
workers and employers and the preferential use of voluntary modes in settling
disputes, including conciliation and shall enforce their mutual compliance to
foster industrial peace.
- The State shall regulate the relations between workers and employers,
recognizing the
1. right of labor to its just share in the fruits of production and
2. the right of enterprises to reasonable returns on investments and to
expansion and growth.

- Employees in the civil service may not resort to strikes, walkouts and other
temporary work stoppages to pressure the Government to accede to their
demands.
- The ability to strike is not essential to the right to association and the right to
sovereign to prohibit strikes or work stoppages was clearly recognized at
common law.

Agrarian and Natural Resources Reform

- Constitutionality of the Comprehensive Agrarian Reform Law.

Urban Land and Housing Reform

- The State shall, by law, and for the common good, undertake, in cooperation
with the private sector, a continuing program of urban land reform and
housing which will make available at affordable cost decent housing and basic
services to underprivileged and homeless citizens in urban centers and
resettlement areas.
- It shall promote adequate employment opportunities.
- State shall respect the rights of small property owners.
- Urban or rural poor dwellers shall not be evicted nor their dwellings
demolished,
 Except: in accordance with law and
 in a just and humane manner.
- No resettlement of urban or rural dwellers shall be undertaken without
adequate consideration with them and the communities where they are to be
located.

- Eviction of squatters and the demolition of their shanties shall be done in

accordance with law does not mean that the validity and legality of demolition
or eviction hinges on the existence of resettlement area designated or
earmarked by the Government.
- Judicial notice of the fact that urban reform has become a paramount task of
Government in view o the acute shortage of decent housing in urban areas.
- Section 19 of the LGC imposes certain restriction on the exercise of the
power of eminent domain/
- RA 7279 provides the order in which lands may be acquired for socialized
housing.
­ Urban tenant’s right of first refusal (pre­emptive right), can be exercised only
where the disputed land is situated in an area declared to be an area for
priority development (APD) and an urban land reform zone (ULRZ).

Human Rights
 The Commission on Human Rights
 Composition
1. Chairman
2. 4 Members
 Qualifications
1. natural-born
2. majority of whom shall be members of the Bar
 Term of office and other disqualification and disabilities of the members
shall be provided by law.
 The power to appoint the Chairman and members of the Commission is
vested in the President, without need of confirmation by the Commission on
Appointments.
 CHR does not enjoy fiscal autonomy. It does not belong to the species of
constituent commissions.
 Powers and Functions:
1. jurisdiction or adjudicatory powers and not meant to be another court or
quasi-judicial agencies in this country
2. may investigate
 receive evidence
 make findings of fact as regards claimed human rights violations involving
civil and political rights
 but fact-finding is not adjudication, and cannot be likened to the judicial
function of a court of justice, or even a quasi-judicial agency or official
3. cannot issue writs of injunction or a restraining order against supposed
violators of human rights, not being a court of justice.

XVI. EDUCATION, SCIENCE AND TECHNOLOGY, ARTS CULTURE AND

SPORTS

State Policy
 priority to education, science and technology, arts, culture and sports to
• foster patriotism and nationalism
• accelerate social progress and
• promote total human liberation and development
 protect and promote the right of all citizens to quality education at all levels
and shall take appropriate steps to make such education accessible to all.

 National Medical Admission Test (NMAT) ensures quality education for

future doctors and protect public health by making sure of the competence of
future medical practitioners.
 Constitutional right of every citizen to select a profession or course of study
subject to fair, reasonable and equitable admission and academic
requirements.
 It may be regulated pursuant to police power of the State to safeguard
health, morals, peace, education, order, safety and general welfare of the
people.
 Persons who desire to engage in the learned professions requiring scientific
or technical knowledge may be required to take an examination as a
prerequisite to engaging in their chosen careers.
 Requirement that a school must first obtain government authorization
before operating is based on the State policy that educational programs
and/or operations shall be of good quality and shall satisfy minimum
standards.
Constitutional Mandate for the State to
• Establish adequate and relevant education
• Free public elementary and high school education
• Scholarship grants and loan programs
• Out­of­school study programs
• Adult education

Constitutional Objectives of Education

1. inculcate patriotism and nationalism
2. foster love of humanity
3. respect for human rights
4. appreciation of the role of national heroes in the historical development of
the country
5. teach the rights and duties of citizenship
6. strengthen ethical and spiritual values
7. develop moral character and personal discipline
8. encourage critical and creative thinking
9. broaden scientific and technological knowledge
10. promote vocational efficiency

Optional Religious Instruction

- Option expressed in writing by parent or guardian
- Public elementary and high schools
- Within regular class hours
- Instructors designated or approved by religious authorities
- Without additional cost to Government

Educational Institution
- Ownership
 Solely by Filipino citizens or
 Corporations 60% Filipino-owned
 Exception: those established by religious groups or mission boards, but
Congress may increase required Filipino equity participation.
- Control and Administration
 Vested in Filipino citizen..
- Alien Schools
 No educational institution shall be established exclusively for aliens, and no
group of aliens shall compromise more than 1/3 of the enrolment in any
school.
 Exception: schools for foreign diplomatic personnel and their dependents
and for other foreign temporary residents.
- Tax Exemptions
 all revenues and assets
 all grants, endowments, donations and contributions
 of non-stock, non-profit educational institution
 used directly, actually and exclusively for educational purposes
Highest Budgetary Priority to Education
- merely directory

Academic Freedom
 enjoyed in all institutions of higher learning
 colleges, publicly or privately-owned
 Two Views:
1. from the standpoint if the educational institution
 determine:
1. who may teach
2. what may be taught
3. how it shall be taught
4. who may be admitted to study
 Freedom to determine whom to admit includes the right to determine whom
to exclude or expel, as well as to impose lesser sanctions such as
suspension.
 Right to freely choose their field of study subject to existing curricula, and to
continue their course therein up to graduation, such right is subject to
established academic and disciplinary standards laid down by the academic
institution.
2. from the standpoint of the members of the academe
 freedom of the teacher or research worker in higher institutions of learning
to investigate and discuss the problems of his science and to express
conclusions, whether through publication or in the instruction of students,
without interference from political or ecclesiastical authority, or from the
administrative officials of the institution in which he is employed, unless the
methods are found to be incompetent or contrary to professional ethics.
 Widest latitude to innovate and experiment on the method of teaching which
is most fitting to his students, subject only to the rules and policies of the
University.
 Limitations
1. dominant police power of the State
2. social interests of the community
 “Termination of Contract” theory in Alcauz can no longer be used as a valid
ground to deny readmission or re-enrollment to students who had led or
participated in student mass actions against the school. The students do not
shed their constitutionally-protected rights of free expression at the school
games.
 The only valid grounds to deny readmission of students are:
1. academic deficiency and
2. breach of the school’s reasonable rules of conduct
 Minimum standards of procedural due process must be satisfied:
1. student must be informed in writing of the nature and cause of the
accusation against them
2. right to answer the charges against them, with the assistance of counsel, if
desired
3. informed of the evidence against them
4. right to adduce evidence in their own behalf
5. evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case.
 It is within the sound discretion of the university to determine whether a
student may be conferred graduation honors, considering that the student had
incurred a failing grade in an earlier course she took in school.
 Profession Regulation Commission cannot interfere with the conduct of
review that review schools and centers believe would best enable their
enrollees to meet the standards required before becoming full-pledged public
accountants.
 Prerogative of the school to provide standards for its teachers and to
determine whether or not these standards have been met is in accordance
with academic freedom and constitutional autonomy which give educational
institutions the right to choose who should teach.
 Academic freedom was never meant to be unbridled license; it is a privilege
which assumes the correlative duty to exercise it responsibly.
 Conferment of an honor or distinction was obtained through fraud, the
University has the right to revoke or withdraw the honor or distinction
conferred. The right does not terminate upon the graduation of the student.

Language
 National language à Filipino
 Purpose of communication and instruction à Filipino, and until otherwise
provided by law, English
 Regional languages à auxiliary official languages in the regions and shall
serve as ancillary media of instruction
 Spanish and Arabic à promoted on voluntary and optional basis
 Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic and Spanish.

XVII. THE FAMILY

XVII. GENERAL PROVISIONS

Flag
 Red, white and blue
 A sun and 3 stars
 As consecrated and honored by the people and recognized by law.

Name
 Congress may, by law, adopt:
• a new name for the country
• a national anthem or
• a national seal
 which shall be truly reflective and symbolic of the ideals, history, and
traditions of the people.
 Law shall take effect only upon its ratification by the people in a national
referendum.

Armed Forces of the Philippines

 Composed of a citizen armed force
 Which shall undergo military training
 And serve, as may be provided by law.

 All members of the armed forces shall take an oath or affirmation to uphold
and defend the Constitution
 Professionalism and Adequate Remuneration shall be a prime concern of
the State.
 Insulated from partisan politics.
 No member of the military shall engage directly or indirectly in any partisan
political activity except to vote.
 No member of the armed forces in the active service shall, at any time, be
appointed or designated in any capacity to any civilian position.
 Laws on retirement of military officers shall not allow extension of their
service.
 The officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as practicable.

National Police Force

 The State shall establish and maintain one police force, which shall be:
• National in scope and
• Civilian in character.
 To be administered and controlled by a national police commission.
 Authority of local executives over the police units in their jurisdiction shall be
provided by law.
 RA 6975 established the PNP under a reorganized department, DILG.

Mass Media and Advertising Industry

 Mass Media
• Ownership limited to CITIZENS or CORPORATIONS WHOLLY­OWNED and
MANAGED by such citizens.
• Congress shall regulate or prohibit monopolies in commercial mass media.
 Advertising Industry
• Only FILIPINO CITIZENS or CORPORATIONS or ASSOCIATIONS at least
70% FILIPINO-OWNED shall be allowed to engage in the advertising industry.
• ALL EXECUTIVES and MANAGING OFFICERS of such entities must be
CITIZENS of the Philippines.
• Advertising entities affected shall have 5 years from the ratification of the
Constitution to comply on GRADUATED and PROPORTIONATE basis with
the minimum Filipino ownership.

XIX. TRANSITORY PROVISION

Elections
- First elections of members of Congress à 2nd Monday of May 1987
- First local elections à to be determined by President
- Synchronization of elections:
• Members of Congress and the local officials first elected shall serve until
noon of June 30, 1992.
• 6­year term of the incumbent President and Vice­President elected in
February 7, 1986 elections is extended until noon of June 30, 1992.
• Elections for President and Vice­President, Senators, Members of the House
of Representatives and local office must be synchronized in 1992.

Existing Laws and Treaties

- All existing laws, decrees, Eos, proclamations, letters of instructions, and
other executive issuances not inconsistent with the Constitution shall remain
operative until amended, repealed or revoked.
- All existing treaties or international agreements which have not been ratified
shall not be renewed or extended without the concurrence of at least 2/3 of all
the members of the Senate.

Reserved Executive Powers

- Until a law is passed, the President may fill by appointment from a list of
nominees by the respective sectors, the seats reserved for sectoral
representative.
- Until otherwise provided by Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government
units compromising the Metropolitan Manila Authority.

Career Civil Service

- Career civil service employees separated from the service not for cause but
as a result of the reorganization is entitled to appropriate separation pay and
to retirement and other benefits according to law in force at the time of their
separation.
• In lieu of separation pay, at the option of the employees, they may be
considered for employment in the government.
• Apply to career officers whose resignation, tendered in line with the existing
policy, had been accepted.

Sequestration
- Authority to issue sequestration or freeze order relative to the recovery of ill-
gotten wealth shall remain operative for not more than 18 months after the
ratification of this Constitution. Congress may extend such period.
- Sequestration or freeze orders shall be issued upon showing of a prima facie
case.
- The corresponding judicial action shall be filed within 6 months from
ratification of this Constitution, or, if issued after ratification within 6 months
from such issue.
- The order is deemed automatically lifted if no judicial action or proceeding is
commenced.
­ No particular description or specification of the kind or character of “judicial
action or proceeding” much less an explicit requirement for the impleading of
the corporations sequestered or of the ostensible owners of the property
suspected to be ill-gotten.
- The only qualifying requirement in the Constitution is that the action or
proceeding be filed for orders of sequestration, freezing or provisional take-
over.
- The action or proceeding must concern or involve the matter of
sequestration, freezing or provisional take­over of specific property – and
should have, as objective, the demonstration by competent evidence that the
property is indeed “ill­gotten wealth” over which the government has a
legitimate claim for recovery and other relief.
- Mere issuance of the writ of sequestration, without the corresponding
service, within the 18-month period, does not comply with the constitutional
requirement.
- Lifting of the sequestration orders does not ispo facto mean that
sequestrated property are not ill-gotten. The effect of the lifting will merely be
the termination of the role of government as conservator of the property.
- Writ of sequestration may be issued only upon authority of at least 2 PCGG
Commissioners.
- PCGG may not validly delegate its authority to sequester.
- PCGG cannot perform acts of strict ownership of sequestrated property.
PCGG being a mere CONSERVATOR.
• Exception: case of take­over of a business belonging to the government or
whose capitalization comes from public funds but which landed in private
hands.
- Sequestration does not automatically deprive the stockholders of their right
to vote their shares of stock. Until the main sequestration case is resolved, the
right to vote the sequestered shares of stocks depends on the 2-tiered tests:
1. whether there is prima facie evidence showing that the said shares are ill-
gotten and thus belong to the State
2. whether there is an immediate danger of dissipation thus necessitating their
continued sequestration and voting by PCGG while the main issue pends with
the Sandiganbayan.
• Does not apply in cases involving funds of “public character”
• The Government is granted the authority to vote said shares:
1. where government shares are taken over by private persons or entities
who/which registered them in their own names and
2. where the capitalization or shares that were acquired by public funds
somehow landed on private hands.
- Sandiganbayan can review the validity of sequestration orders.
- Absence of express prohibition, the rule on amicable settlement or
compromise agreements in the Civil Code is applicable to PCGG cases
before the Sandiganbayan.
­ PCGG’s authority to enter into compromise agreements involving ill­gotten
wealth and to grant immunity in civil and criminal cases, without need of prior
Congressional approval is sustained.
- Penal violations to fall within the jurisdiction of the PCGG:
1) it must relate to ill-gotten wealth;
2) of the late President Marcos, his immediate family, relatives, subordinates,
and close associates;
3) who took advantage of their public office and/or power, authority, influence,
connections or relationships.
- Those not fulfilling the above elements are not within the authority of the
PCGG but within the jurisdiction of the Ombudsman and other duly authorized
investigating agencies.
- The invalid preliminary investigation did not impair the validity of the criminal
information or otherwise render them defective; much less did not affect the
jurisdiction of the Court.
• The only effect is the imposition on the latter of the obligation to suspend the
proceedings and to require the holding of preliminary investigation.
- A mere allegation in the anti-graft complaint that the accused is a relative of
then President Marcos will not suffice to enable the PCGG to take cognizance
of the case. There must, in addition, be a showing that the accused has
unlawfully accumulated wealth by virtue of such close relation with the former
President.
- Fact of sequestration alone did not automatically oust the RTC of its
jurisdiction.
­ In order that the Sandiganbayan’s exclusive jurisdiction may be invoked, the
PCGG must be a party to the suit.
- The Office of the Solicitor General may validly call the PCGG for assistance
and ask it to respond to a motion for a bill of particulars, considering that
PCGG has the complete records of the case and, being in charge of the
investigation, is more knowledgeable and better informed.
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