POLITICAL LAW REVIEW

CONSTITUTIONAL LAW

A. NATIONAL TERRITORY

1. Philippine Archipelago

a. An archipelagic state consists of a group of islands which constitute one state and
the waters around. between and connecting the islands form part of its intemal
waters irrespective of their breadth and dimensions.

b. The archipelagic waters are subject to the fight of innocent passage and sea lanes
passage.

2. Other Tem'tory

a. Sabah was acquired by cession by the Sultan of Brunei.

b. The Scarborough shoal and five other reefs are rocks and do not entitle the
Philippines to claim them as part of its exclusive economic zone or continental
shelf. (South China Sea Arbitration, P.C.A., Case No. 2013-19.)

3. Man'time Zone

3. The maritime zone is twelve nautical miles measured from the low water line along
the coast.

b. An archipelagic state may draw straight baselines. but the length of the baselines
should not exceed 100 nautical miles except that up to 3 percent of the total
number of the baselines may exceed the length up to a maximum length of 125
miles.

c. The drawing of the baselines should not depart appreciably from the general
configurations of the archipelago.

4. Contiguous Zone

a. The contiguous zone is a maritime zone adjacent to the tem‘ton’al sea of coastal
states, which may exercise the power of control necessary.

i. To prevent infn'ngement of its customs, fiscal, immigration or sanitary laws and

regulations within its territory or territon‘al seas.

ii. To punish the infn‘ngement of such laws.

5. Continental Shelf

1. The continental shelf of a coastal state consists of the sea-bed and subsoil of the
subman’ne area that extend beyond the territorial sea infringement throughout
natural prolongation of its land tern'tory up to the outer edge of the continental
margin or a distance of 200 nautical miles from the baselines of the territorial sea.
2. The coastal state has exclusive rights to explore the continental shelf and exploit
its mineral and other non-living resources.

6. Exclusive Economic-Zone
 1. The exclusive economic zone is an area adjacent to the territorial sea with a
breadth not exceeding 200 nautical miles from the baseline.

2. The coastal state has sovereign n‘ghts for the purpose of exploring. exploiting.
conserving and managing the natural resources. whether living or non-living, of the
waters adjacent to the seabed and of the seabed, and its subsoil, with regard to
other activities for economic exploitation, such as the production of energy from
the water currents and winds.

8. DECLARATION OF PRINCIPLES AND STATE POLICIES

1. As a rule, the provisions of Article II are not self-executory but are merely
gurd‘elines for legislation. (Tanada v. Angara. 272 SCRA 18)

2. Since Section 2 makes the generally accepted principles of intemational law part
of the law of the land. the Convention for the Protection of all persons from
enforced disappearance is binding upon the Philippines even if the Philippines has
not signed and ratified rt‘. (Razon, Jr. v. Tagitis, 606 SCRA 598)

3. Since under intematio'nal law treaty obligations must be complied with in good
faith, a taxpayer can avail himself of the preferential tax rates in a tax treaty wrt'hout
the need of complying with an administrative regulation to apply for tax relief. (CBK
Power Company-Limited v. Commissioner of Internal Revenue, 746 SCRA 93)

4. A child whose parents are unknown shall have the nationality of the country of
birth. A foundling is presumed to have been form in the State where it was found
until the contrary is proved. (Article 19 of the Hague Convention on Questions
Relating to Conflict of Nationality Laws); A foundling is presumed to have been
born of Citizens in the country where it was found. (Article 2 of United Nations
Convention on Reduction of Statelessness.

5. Since what Section 12 of Article ll protects is the life of the unborn, what it prohibits
is abortion and not contraception. Life begins upon fertilization of the ovum. The
fertilized ovum must be protected even if it has not yet been implanted in the womb
of the mother. Contraception prevents the union of the sperm and the ovum and
is permissible. (lmbong v. Ochoa, Jr., 721 SCRA 146)

6. Section 15, Article II, which requires the protection and prevention of the fight to
health of people is seif-executory. (lmbong v. Ochoa, Jr., 721 SCRA 146)

7. Section 1 of Article XVI, which requires the State to protect consumers from trade
malpractices and substandard or hazardous products is seif-executory. (lmbong
v. Ochoa, Jr., 721 SCRA 146)

8. Section 16 of Article II, which requires the protection of the n'ght to a balanced and
healthful ecology is self-executory because of the n‘ght to health of the people.
(Oposa v. Factoran, 224 SCRA 792)

C. BILL OF RIGHTS

1. Due Process

1. lnapplicability against Pn‘vate Persons

‘6ur1rord:

/a.The marijuana leaves disco'vered when the forwarder to whom the packages
containing them opened the packages and turned them over to the Nationa'l
Bureau of Investigation are admissible' in evrd’ence because the forwarder was
a pnva‘te person. (People v. Marti. 193 SCRA 57)

b. An obese airline employee who was dismissed for refusal to loose werght’.
because he would not be able to help the passengers in case of emergency
cannot claim that his dismissal vro'lated his ng'ht to equal protection (Yrasuegi
v. Philippine" Airlines. Inc.. 569 SCRA 467)

c. The president of a political party cannot question' before the Commiss'io'n on

Elections his replacement as president. because the polrbca“! party is a pnva'te
organiza'tio'n. (Ahenza‘ v. Commission on Elections, 612 SCRA 761)

2. Protected Property

3. Security of tenure in public‘ office (Deloso v. Sandiganbayan, 173 SCRA 409)

b. License to practice" a profession (Corona v. United Harbor Pilots Assouation".

283 SCRA 31)

c. Survivorship penSio'n for spouse of member (Dycarco‘ v. Socra'l Security

System, 476 SCRA 538)

3. Exclusions

a. Dn'ver‘s lice‘nse (Mirasol v. Department of Public Works and Highways. 490

SCRA 318)
b. Permit to can-y firearms outSId'e the resrd‘ence (Chavez v. Ro'mulo. 490 SCRA
318)

4. Right to Secunty‘ of Person

8. Freedom from fear

b. Guarantee of bodily and psychological integn‘ty
c. Guarantee of protection of one’s ng'hts by the government (Secretary of
National Defense v. Manaio. 568 SCRA 1)

5. Right to Privacy - ng'ht to be left alone

8. Valid

i. identrf‘icatro‘n card. (Kilusang Mayo Uno v. Director General of

National Economic Development Authon‘ty, 457 SCRA 623)
ii. Drug testing to deter the illegal use of drugs (Socra'l Justice Socnty‘
v. Dangerous Dmgs Board. 570 SCRA 410)
iii. Access to personal computer owned by empioyer (Polio v.
Constantino-Davrd‘. 659 SCRA 189)

‘b. Cybercrime

a. invalid

i. Gathering traffic data

ll. Accessing private computer

b. Valid
 a. Penalizing identity theft
b. Allowing spam

6. Police Power

8. Valid exercise of Police Power

i. Billboard advertising along the highways can be prohibited. because

they mar the beauty of the landscapes and are offensive to the sight.
(Churchill v. Rafferty, 32 SCRA 580)

ii. A person practicing medicine can be required to pass a llcensure

examination to ascertain his competence. (People v. Ventura, 4 SCRA
208)

iii. Students who want to enroll for medicine can be required to take a
qualifying test to ensure their aptitude for the course. (Tablarin v.
Gutierrez, 132 SCRA 730)

iv. A law requin'ng a 20% discount for senior citizens in the purchase of
medicines which can be claimed as a tax deduction to promote the
common good is valid. (Carlos Superdrug Corporation v. Department of
Social Welfare and Development. 526 SCRA 130)

v. A minimum corporate income tax can be imposed on the gross income

of corporations even if they have no profits to ensure that they will
contribute a minimum amount of taxes (Chamber of Real Estate and
Builders Association, Inc. v. Romulo, 614 SCRA 605)

vi. Teachers for tertiary education can be required to have a master's

degree as a minimum qualification to ensure their possession of
sufficient academic knowledge and teaching skills. (University of the
East v. Pepanio, 689 SCRA 250)

vii. A law requin'ng a 20% discount for funeral services of seniorcn‘tizens

which can be claimed as a tax deduction is valid, because they are less
likely to be gainfully employed (Manila Memon'al Park, Inc. v. Secretary
of the Department of Social Welfare and Development, 711 SCRA 302)

b. Tests of Validity of Laws, Ordinances and Regulations

i. Stn'ct Scrutiny

Stn‘ct Scrutiny is applied when the classification in the challenged law is

inherently suspect, such as gender or race, or restn'ction of freedom of speech,
freedom of the press. or suffrage.

The government interest involved must not merely be substantial but must be
compelling. (Kabataaan Party-List v. Commission on Elections, GR. No.
221318, December 06, 2015). The presumption of constitutionality is reversed,
and the burden is upon the government to prove that the law is constitutional.
(Garcia v. Drilon, 699 SCRA 351 ). If the restriction is content based, there must
be a clear and present danger. The publication of the conversation between a
candidate and a high-ranking officer of the Commission on Elections cannot be
/penalized for Violation of the Anti-Wire Tapping Law, because it' does not
endanger national security (Chavez v Gonzales. 545 SCRA 441)

The cancellation of the franchise of a broadcasting station vio‘lates its freedom

of expression. (Divino Gracia v. Consolidated Broadcasting Systems, inc, 584
SCRA 213)

The freedom of expressro‘n of television stations is lesser in scope than that of

the pn'vate media because of their accessibility to children. (Chavez v.
Gonzales, 545 SCRA 441)

ii. lntennediate Scrutiny

In intermediate scrutiny. the law furthers an important government interest and

is substantially related to that interest, and the justification for the classrf'icatio'n
is germane to serving public interest. It is usually applied to discn’mination‘
based on gender and illegitimacy. (Ang Ladlad LGBT Party v. Commissbn on
Elections, 618 SCRA 32)

Since gays and lesbians have been the target of discn'minatio‘n due to their'
sexual on‘entatio'n and their sexual on‘entatio'n has no relation to their ability to
contn'bute to soae‘ty, they are entitled to constitutional protection.

iii. Ratio'nal Basis Test

The rational basis test requires only that the purpose of a legislative or
executive act not be arbitrary and be reasonably related to the purpose. It is
applied to economic or social welfare legislation. it is not applied' if the law does
not burden a fundamental fight or target a suspect class. (Biraogo v. Philippine
Tmth Commission. 637 SCRA 78)

The law prohibiting managen’al employees from joining or fon'ning a labor union
is valid to avoid conflict of interest. (Martinez v. National Law Relations
Commission, 297 SCRA 643)

7. Vagueness

A law is vague when it lacks comprehensible standard that men of common

intelligence must guess at its meaning and differ in its application. (Estrada v.
Sandiganbayan, 369 SCRA 394)

Due process does not require that every word used in a penal law be defined. It
is sufficient if' the legislative intention is clear or can be gathered from the whole
statute.

The undefined words should be interpreted according to their natural and ordinary
meaning unless the legislature intended a technical or special legal meaning.
(Estrada v. Sandiganbayan, 369 SCRA 394)

8. Overbreadth

A law is void for overbreadth when it' offends the constitutional pnnCi'ple that a
governmental purpose to control or prevent activrt'ies constitutionally subiea' to
state regulation by means which sweep unnecessarily broadly and thereby invade
the area of protected freedom. (Adio'ng v. Commissmn on Elections, 287 SCRA
715)
 When the Commission on Elections. which was authorized by the Constitution to
regulate political advertisements in the mass media to ensure equal opportunity to
the candidates. prohibited owners of motor vehicles from posting stickers to their
motor vehicles to indicate their support for certain candidates. the prohibition is
vord' for overbreadth. because it swept broadly unnecessarily and invaded an area
of protected speech (Adiong v. Commission on Elections, 207 SCRA 705)

The prohibition in the Fair Election Act against publication of election survey results
within 15 days before a national election and 7 days before a local election should
be invalidated because of overbreadth. The Commission on Elections was only
authon'zed to secure equal opportunity among candidates. (Adlong v. Commission"
on Elections. 207 SCRA 705)

An ordinance prohibiting letting out a room in hotels. motels, lodging houses, and
pension houses for less than 12 hours on the assumption that they are being used
for prostitution is ovebroad. The ordinance prescribes legitimate activities, like
washing up and resting between long trips for a legitimate purpose. Families may
choose to pass the time in the motel while power is momentan’ly out in their house.
Curbing the proliferation of prostitutes and drug pushers through active police work
can be more effective. 30 would the strict enforcement of laws penalizing
prostitution and drug use. (White Light Corporation v. City of Manila, 576 SCRA
416)

. Publication

a. Laws must be published in full. (Tanada v. Tuvera, 146 SCRA 446)

10. Procedural Due Process

3. Requirement of Notice and Hearing

b. Nullity in case of Gross Negligence of Counsel or Representation by Impostor

c. Cure by Subsequent Opportunity to be Heard

l. The filing of a motion for reconsideration cures the poor denial of due process
(Pontelos v. Desierto, 592 SCRA 64)

ii. In an expropn’ation case. the approval of the just compensation withoutgiving

the plaintiff a chance to present evidence is not cured by the filing a motion for
reconsideration. A full-blown trial is different from the hean'ng of the motion.
(National Power Corporation v. Dela Cruz. 514 SCRA 56)

d. Exceptions to Requirement of Notice and Hearing

i. Abatement of nuisance per se

ii. Closure of a bank

lli. Order stopping discharge of untreated effluents in the river.

lv. Hold departure order in criminal cases

v. Preventive suspension

vl. issuance of writ of preliminary attachment

/—vii,
issuance of temporary restraining order

ix. Enforcement of deficiency tax assessment pending appeal in court

x. Cancellation of passport of wanted accused (Legaspi vs. City of Cebu,

711 SCRA 772.)

xl. Distraint of properties to answer for tax delinquencies

xii. Padlocking of unsanitary restaurants

xiii. Closure of theaters showing pornographic movies

xiv. Clamping of tires of illegally parked vehicles of absent owner

xv. A procedural defect to the proceeding for the dismissal of an employee is

cured by the filing of a motion for reconsideration (Vivo vs. Philippine
Amusement 8. Gaming Corporation, 709 SCRA 276)

e. Impartiality of Judge

i. Lack of impartiality

1. Prejudging men'ts of case undergoing hearing

2. Replacement of the trial judge by the prosecutor (Lai vs. People, 761
SCRA 156)
3. Being judge on appeal of the case decided by the same judge

ii. Absence of bias

Questioning witnesses
Repeated rulings favorable to a party
Disallowance of improper question
Motu propio correction of order fixing provrsional compensation in
PPN.‘

expropriation case by relying on zonal value

Massive publicity about the case
Speedy adjudication
955-”

iii. Prohibition against television coverage

f. Administrative Procedure

i. Difference from court proceedings

1. Summary and absence of cross—examination and tn’ai-type proceedings

2. Absence of counsel
3. Delegation of reception of evidence
4. Lack of transcripts

ii. Rights in Administrative Proceedings

1. The party must be given the right to hearing. which includes the right to
present evidence
The tribunal must consider the evidence presented
The tn‘bunal must have something to support Its decrsion
The ev1dence must be substantial
The decisron must be based on the evtdence disclosed to the parties
@eww
 6. The tribunal must make an independent consideration of the law and the
facts and not simply accept the views of a subordinate
7. The decision should be rendered in such a manner that the parties can
know the issues involving and the reasons for the decision. (Ang TibaY
v. Court of Industrial Relations. 69 Phil 635)

B. Equal Protection

1. Meaning

Equal protection means that all persons and things similarly situated must be
treated alike both as to the fights conferred and the obligations imposed.

Parties who are not similarly situated should not be treated alike. The repeal
of the franking pn‘vileges of the Armed Forces of the Philippines Steering
Committee and of the Judiciary violated equal protection (Philippine Judges
Association v. Prado, 227 SCRA 703)

The delegation by the Probation Act to the provincial boards of absolute

discretion in its implementation violates equal protection. (People v. Vera, 65
Phil. 56)

2. Requirements for Valid Classifications

a. It must be based on substantial distinctions which make up for real

difference
b. It must not be limited to existing conditions.
c. It must apply equally to each member of the class.

3. Cases

a. The prosecution of one guilty person while others equally guilty are not
prosecuted does not violate equal protection in the absence of intentional
discn'mination. (Alvarez v. People. 653 SCRA 52)

b. The Attn'tion Law, which provides for the dismissal of employees of the
Bureau of Customs and the Bureau of Internal Revenue if they do not meet
the targets for revenue collection, does not violate equal protection. They
are the only public employees whose function is to generate revenues.
(Abakada Guro Party List v. Pun‘sima, 562 SCRA 251)

c. The law making appointive government employees resigned upon their

filing of their certificates of candidacy is valid, because it was adopted to
preserve the integrity. efficiency and discipline of public service. (Quinto v.
Commission on Elections, 613 SCRA 385)

d. The law reducing the redemption period in case of foreclosure of real

estate mortgages in favor of banks to 3 months after the foreclosure or
registration of the certificate of sale in the case of corporations is valid. The
properties are not residences and the shorter period enables banks to
dispose of the property sooner to ensure the liquidity of the bank.
(Goldenway Merchandising Corporation v. Equitable PCl Bank. 693 SCRA
39)
 e. The law cn’minaiizing acts of violence against women by male persons
wrth' whom they had a relationship is valid. because women are more likely
than men to be victims of violence. (Garcia v. Dnlon, 699 SCRA 392)

f. The policy adopted by the Judicial and Bar Council prowding that judges
with less than five-year experience cannot be promoted is valid. There is a
distinction between judges with five-year expen‘ence and those with less
than five-year expen'ence. (Villanueva v. Judicial and Bar Council. 755
SCRA 182)

g. The law limiting the maximum amount of its lump-sum salary that can be
awarded to a Filipino laborer who was illegally terminated abroad to his
salary for three months even if‘ his contract is for more than one year.
Vio'lates equal protection. (Serrano v. Gallant Maritime Services. lnc. 382
SCRA 254)

h. Although the provision in the New Central Bank Act exempting its officers
from the Salary Standardization Law and making the salan‘es of the
employees under salary grade 19 or lower subject to it is valid because of
the need to attract competent officers, pursuant to the doctrine of relative
unconstitutionality, it became unconstitutional because of the change in the
circumstances when a law exempted the rank-and~file employees of other
government financial institutions from the Salary Standardization Law.
Pursuant to the intermediate scrutiny test. the result of the inconsistent and
unequal policy of the law is oppressive upon the rank-and-file employees of
the Bangko Sentrai ng Pilipinas. (Central Bank Employees Association. inc.
v. Bangko Sentral ng Pilipinas, 446 SCRA 299)

C. Unreasonable Searches and Seizures

1. Deportation Cases

When Section 2. Article ill of the Constitution provides that only judges can
issue warrants, it does not distinguish between warrants in cn‘minal cases
and warrants in administrative cases. The Deportation Board cannot issue
a warrant of arrest against an alien facing a deportation case. (Nen‘a v.
Vivo, 295 SCRA 201)

if a final order of deportation has been issued. the CommisSio'ner of

Immigration can issue of warrant of anest to enforce it. (Jackson v.
Macalino. 416 SCRA 498)

2. Search Warrants

a. Requirements

i. Probable Cause

1. Definition

Probable cause means such facts and Circumstances which will lead
a reasonably prudent to believe that an offense was been committed
and that the objects sought in connection With the offense are in the
place sought to be searched. (Bengzon. Sr v. Chief of Staff. Armed
Forces of the Philippines. 133 SCRA 800)

2 Absence of Probable Cause

9
 There is no probable for the issuance of a search warrant where no
specific offense was alleged in the application. (Stonehiil v. Diokno,
20 SCRA 383)

ii. Detennination by Judge

1. A prosecutor cannot order the seizure of a moving vehicles

(Lim v. De Leon, 66 SCRA 299, 306; Superlines Transportation
Company, 519 SCRA 432)
2. A judge cannot delegate the examination of the witnesses to a
court employee (Mago v. Penalosa-Fermo, 582 SCRA 1)

iii. Examination under Oath or Affirmation of the Witnesses

1. Searching questions mean questions which have a tendency

to show a cn'me was committed and who perpetrated it. (Luna
v. Plaza, 26 SCRA 310)
2. Mere reiteration of the allegations in the affidavit of the witness
is not enough. (Roan v. Gonzales. 145 SCRA 687)
3. Leading questions are not searching questions. (Nolasco v.
Pano, 139 SCRA 152)
4. The examination need not be as exhaustive as the cross-
examination in a full-blown trial.
5. The witness must have personal knowledge to moral
certainty of his truthfulness (Alvarez v Court of First instance
of Tayabas, 64 Phil. 33)
6. This is subject to exceptions to the hearsay rule. i.e.. dying
declartion and res gestae.
7. A police officer who acquired personal knowledge of a theft of
engine blocs by tracing them to the fence who bought them is
competent to testify (Yu v. Hourado, 99 SCRA 273)

iv. Particularity of Description

1. The test of the sufficiency of the descn‘plion in a search warrant is

whether or not it will permit the seizure of the wrong property.
(Secretary of Justice v. Marcos, 76 SCRA 301)

2. Sufficient description

9. Unlicensed firearm and ammunition and a golden Buddha (Secretary

of Justice v. Marcos, 76 SCRA 301)
b. Firearms and shabu as evidence of the accused (Cupcapin v.
People, 392 SCRA 203)
c. Shabu in apartment with correct residence address but mistaken
identity of owner. (People v. Tiu Won Chua, 405 SCRA 280)
d. Firearms. ammunitions and explosive found in residence where the
first name of the owner in the search warrant was erroneous (Nala v.
Barroso, 408 SCRA 529)
e. Pirated video discs (Columbia Pictures Entertainment, lnc. v. Court
of Appeals, 262 SCRA 219)

10
 'A ll!”
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f. Unlicensed radio communication equipment. unlicensed firearms

and ammunitions for the firearms. cannibalized vehicles and spare
parts (Kho v. Makalintal, 306 SCRA 700)
g. Undetennined amount of marijuana in residence of accused (People
v. Tee. 395 SCRA 419)

3. Insufficient Descn’ption

i. A residence in a compound with residences of other people (People

v. Estrada, 296 SCRA 383)
ii. Seizure of articles by virtue of a search warrant for shabu on the basis
of the word “paraphernalia”, like wallet. cash, comic. speaker,
hammer, and bolo, which had nothing to do with the use or
manufacture of shabu. (People v. Nunez, 591 SCRA 394)

4 Partial Insufficiency

i. The description in a search warrant for seizure of all records pertaining

to business is not sufficient.
ii. The seizure of unregistered delivery records and unregistered sales
is valid. because they are unregistered. (Uy v. Bureau of Internal
Revenue, 344 SCRA 36)

3. Warrantiess Searches and Seizures

a. incident of lawful arrest

i. Incident of enforcement of warrant of arrest

a) Section 13. Rule 126 of Revised Rules of Criminal Procedure

ii. In Flagrante Delicto

1) Validity of hot pursuit (People v. De Lara, 236 SCRA 291; People v.

Abriol, 367 SCRA 327)
2) Limitation of Area — Place where person being arrested can reach for a
weapon or destroy evidence

a) Valid
i) One-room condominium measuring 9 square meters (People
v. Li Wai Cheng, 214 SCRA 509)
ii) Iron pot hanging from ceiling of house (People v. Santos. 236
SCRA 686)

b) Invalid

i) Search by police officer, who joined another team enforcing

a warrant of arrest, to be able to search (People v. Sevilla. 339
SCRA 629)

i.
ii) Place outside the place where the person was arrested

3. Time

The seizure must be simultaneous with the arrest. It can precede the

l
arrest if it is substantially contemporaneous with the arrest and there
II

was probable cause to make the arrest at the outset.

l
l .l l l l l

11
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 Ml

4. Based on personal knowledge (People v, Olalia, 188 SCRA 91)

a. Prohibited article found in plain view

i. There must be a valid intrusion in which the police were legally present in
the pursuit of their official duties
ii. The evidence must be inadvertently discovered.
iii. The evidence must be immediately apparent.

iv. Plain view justified seizure without further search (People v. Valdez, 341
SCRA 25)

b. Moving Vehicles

i. This is based on exigency, because moving vehicles can easily be moved

out.
ii. If there is time to get a search warrant, the moving vehicle cannot be seized.
iii. Checkpoints are valid because of the principle of balancing of interest for
secun'ty reasons.
iv. Search at checkpoints should be limited to visual search.
v. An extensive search can be resorted to if there is probable cause.

c. Enforcement of customs laws

d. Searches at borders and ports of entry

i. Purpose is to enforce laws pertaining to immigration, customs and tan’ff,

quarantine, and national security.
‘

ii. Probable cause is not required.

3. Waiver

i. Waiver requires a positive act. Silence is mere respect for the authon'ty of
the law
ii. A household helper cannot waive the right of her employer

f. 'Stop—and-Frisk Rule

i. The stop-and-fn‘sk does not involve an in flagrante delicto search and

seizure. It is a self-protective search of outer clothing for weapon by a police
officer who observed a suspicious activity. (Luz v. People, 667 SCRA 421)
ii. Mere suspicion is not enough. There must be something in the behavior of
the person being frisked which reasonably elicited a suspicion. (Malacat v.
Court of Appeals, 283 SCRA 159)

5. Warrantiess Arrest

a. In Flagrante Delicto

i. The accused executed an overt act

ii. it was made in the presence of the arresting perSOn

b. Recent commission of offense and personal knowledge of facts to believe the

person to be arrested committed it.

i. Facts and circumstances

12
 1) A victim of armed robbery with police officers tracking the robbers
identified the robbers when they were encountered and one of them was
wean'ng a stolen jacket. (People v. Acol. 232 SCRA 406)
2) A team of police officers to whom a hit-and-run incident was reported
saw the fast approaching motor vehicle. its dangling plate number and
the dented hood and railing. (Padilla v. Court of Appeals)
3) A krd'napper instructed the father of the victim to place the ransom in the
trunk of the car of the father and leave the trunk unlocked, police officers
saw the kidnapper take the money. and a team of policeman blocked his
car and found the ransom in the trunk of his car could be arrested
(People v. beoco, 640 SCRA 146)
4) After the lapse of one day after the commission of the cn'me, the offender
can no longer be arrested without a warrant.

c. Escaping Pn‘soner.

d. Right to Pn'vacy of Communication

1. Correspondence involving detention pn'soners may be inspected and

censored in furtherance of security or discipline.
2. Confidential communications between detention prisoners and their
lawyers may be opened for inspection in the presence of the detention
pn'soners but should not be read. (Alejano v. Cabuhay, 468 SCRA
188)

e. Freedom of Speech. of Expression and of the Press

1. Prohibition against Prior Restraint

a. A prohibition against the posting of campaign maten’als in motor

vehicles.
b. Limitation of the srz'e of tarpaulin that express ideas

2. Availability to corporations
3. Applicability to exercise for profit and unwanted spams.
4. Pennissibility of taxation of mass media.

2. Standards for Regulations

a. Clear and present danger

i. The evil must be extremely sen'ous

ii. The degree of imminence is extremely high

b. Dangerous tendency rule

The words have the natural tendency to bn'ng about the substantial evil
sought to be prevented

c. Balancing of interests

The public interest involved and the value of the freedom restricted
should be judged on the basis of (1) the importance of the aspect of the
freedom; (2) the direct and indirect thrust of the restriction and the
number of people affected; (3) the importance of the public interest. (4)

13
 necessity of the restriction for protection of public interest; and (5)
availability of less restn‘ctive means.

d. Overbreadth

(1)The government regulation is justified; (2) it furthers an important

govemment interest; (3) the government interest is unrelated to
suppression of free expression; (4) the restriction is not greater than
necessary.
(2) The Commission on Elections cannot regulate the freedom of
expression of private citizens. (Diocese of Bacolod vs. Commission
on Elections. 747 SCRA 1.)

3. Restriction on Freedom of the Speech, Expression, and Press

a. Aspects of freedom of the Press '

i. Freedom from pn'or restraint

ii. Freedom from subsequent punishment
iii. Freedom of access to information
iv. Freedom of circulation

b. If the restn'ction merely regulates the time, place or manner and is

content-neutral, a substantial governmental interest is sufficient.

c. if it is content-based, it is subject to the stn'ctest scrutiny and must

overcome the clear-and-present danger rule.

d. Distinction between broadcast media and press media

i. The television is available even to children and programs can be

required to be submitted to a board of review in advance.
ii. A religious program can be banned only in case of a clear and present
danger.

e. Valid restrictions

i. Seditious speech
il. Obscenity
iii. Libel

i. Defamatory allegation about a public figure or public official is not

actionable unless it was made with knowledge it is false or with
reckless disregard of whether it is false or not. This means the wn'ter
has sen'ous doubts as to the truth and has high degree of awareness
of its probable falsity.

ii. This does not apply to private persons.

iii. Only the original author of cybercrime libel should be held liable.
under the culture of the cyberspace. Readers think little and
haphazardly. To hold them liable will have a chilling effect on their
freedom of expression.

iv. Contempt of court

14
 7—A false accusation about the administration of justice may be cited
for contempt.

v. Election survey

i. The publication of the results of election surveys cannot be

prohibited.

ii. The requirement for the disclosure upon the publication of the
survey of the names of the persons who commissioned the
survey, paid by for it, and subscribed to it is valid.

4. Public Rallies

a. An application for a permit for a public rally cannot be denied in

the absence of a clear and present danger which the state has
the fight to prevent.
b. In the absence of a clear and present danger, only the place and
the time of the public rally can be regulated.
c. The application cannot be denied. because trouble makers might
infiltrate the ranks of the demonstrators. The authon‘ties should
protect the demonstrators. This is the rule on heckler's veto.
d. The Supreme Court may prohibit rallies in the vicinity of
courthouses for the sake of orderly administration of justice.

c. Freedom of Religion

1. Freedom of Worship

a. Scope

i. Absoluteness of right to believe

ii. Restn‘ction on action on religious belief
iii. Right to propagate religious beliefs.
iv. Availability of investigation of claim of good faith
v. Validity of the tax on sale of religious items

2. Ban against establishment of religion

a. Validity of accommodation for secular purposes.

i. Flag ceremony
ii. Exemption from union clause in collective bargaining agreement.
iii. Day of rest on days of worships
iv. Fixing office hours on month of Ramadan
v. Invalidity of excuse from work from 10 am to 2 pm every Fn'day.
vi. Assistance to sectan'an schools

1) Secular purpose
2) No inhibition or advancement of religion
3) Absence of excessive entanglement

vii. Political rights of religious leaders

1) Comment on public issues

2) Running for public office
lllll-
 viii.lntemal affairs of religious sects

1) Jurisdiction of civil courts over property disputes

2) Dismissal of ministers

a) Secular basis like dishonesty

b) Religious beliefs and discipline

3) Expulsion of member

a) Heresy
b) internal discipline

4) Removal of religious head

3. Pn‘nciple of Benevolent Harmony

a) Creation of burden on free exercise of religion

b) Sufficiently compelling state interest
c) Use of least intrusive means

d. Liberty of Abode

1. Scope

a. Changing residence
b. Hamletting - compulsory relocation of residents because of military operations.

2. Regulations

a. Need for court order

b. Requiring accused to inform court of change of residence

G. Right to Travel

1. Judicial prohibition against unnecessary foreign travel by accused granted bail.

2. Prohibition of use of motorcycles in limited access highways.
3. Inapplicability to the Judiciary of constitutional ground for impairment

H. Right to Information

1. Guiding Pn'nciples

a. The provision is self-executory

b. Filipino citizenship is sufficient basis for standing

2. Requisites for grant of information

a. The information relates to matters of public concern or public interest.

b. The information is not excluded bylaw.

3. Matters of Public Concerns

a. Eligibility of civil service employees

b. Loans granted by the General Service Insurance System to favored public
officials.

16
 Negotiations for compromise of cases for forfeiture of ill-gotten wealth of

.0
public officials
Source code of automated elections
Name of nominees of party list
Court decisions unless it is required to be confidential
Court records involving matters of concern to requesting party, such as
907‘s”?-
inventory of assets of deceased debtor of creditors

4. Confidential matters

. National security
. Diplomatic negotiations
Proprietary data and trade secrets
. Documents used as basis for executive orders
apcm

I. Right to Form Association

1. Public employees can form labor unions but cannot go on a strike

2. Managerial employees can be prohibited from forming labor unions to avoid
conflict of interest

J. Eminent Domain

1. Nature of power

a. Legislative
b. Need for enabling law delegating the power
c. Sufficiency of general law

2. Delegation to Private Parties

a. Public utilities
b. Mining companies, because of public benefit

3. Elements of Taking

The expropriation must enter private property

The entrance must be more than momentary
The entry should be under warrant of color of authority
The property must be devoted to public use
The owner must be deprived of all beneficial enjoyment of the property.
9.0-9.3!”

4. Instances of Taking

i. Compelling grant of free bun'al plots in memon‘al parks for the poor
ii. Requiring shopping centers to grant free parking space
iii. Petition of electn‘c power company for right of way to construct towers
for transmission lines.
iv. Construction of underground tunnel to siphon water for operations of
power plant.
v. Ordinance prohibiting continued use of property and leaving no
reasonable economically viable use.

5. Use

a. Public Use

17
 l. Socialized housing
ii. Toun'st resort
iii. Agrarian reform j_
iv. Prohibition of existing reasonable economically Viable use

b. Not public use

i. Playground for a private residential subdivision _ ' d

ii. Use for operation of commercial center. whose earnings Will be use
to finance expropn‘ation.
iii. Exercise of police power

c. Abandonment of use

1. Right of previous owner to regain property

2. Duty to refund payment

6. Review

a. Choice of property
b. Scope of delegated authority

7. Just Compensation

a. Basis

Fair market value. the price which a seller willing to sell but not compelled
to sell and which a buyer desirous to buy but not compelled to buy will agree
upon.

b. Form

i. Cash
ii. Government bonds in case of agran’an reform

c. Determination

i. Judicial authority
ii. Unconstitutionality of executive determination
iii. Validity of administrative determination subject to judicial review

d. Pen'od for payment

i. Reasonable period

a. Five years from detennination

b. Right of owner to demand return in case of delay
c. lmprescriptibility

e. Prohibition against impairment of contracts

1. lnapplicability

a. Timber license agreement

b. Mining license agreement
c. Franchises of public vehicles

18
 2. Power of bank conservator to revoke contracts

a. Limitation to detective contracts

b. lnapplicability to valid contracts

3. Limitations

8. Taxations

imposition of new taxes

Repeal of tax exemptions

b. Police power

i. Zoning ordinance
Reduction of payment to creditors in rehabilitation plan
Closure of commercial blood banks

c. Social Justice

i. Labor laws
ii. Agran‘an Laws
iii. House rental laws
iv. Regulation of procedure for rescission of contracts in the
Realty Installment Buyer Protection Law.
v. Subdivision and Condominium Buyers Protection Decree

4. Incorporation in Contract of pertinent laws

L. Rights Under Investigation

1. Inapplicability

Volunteered confession without interrogation

Confession during administrative investigations
Filling up forms during routine audit
Confession to private parties. such as a reporter. unless the private party is
9.0.0!»

colluding with the police investigator

Participation in police line-up except when custodial investigation has
started
Taking of photograph of accused
g. Subjection to ultra-violet radiation
h. Getting samples of hair

2. Applicability

a. Signing receipt acknowledging prohibited drugs and money were taken

from accused.
Signature on container of prohibited drugs
Signature on envelopes of stolen mail matters
Certification stating that prohibited drugs were taken from the accused
Signing booking sheet and arrest report
Preliminary investigation
Re-enactment of crime
Interrogation by mayor, barangay chairman, or barangay tanod
:so-‘asbeosr

19
 t“

3. Requisites for admissibility of confession

It is voluntary
it was made with the assistance of competent and independent counsel
it is express
99.69! it is in wn'ting

4. Right to Assistance of Counsel

a. Commencement

The questioning ceases to be a general inquiry upon an unsolved

cn'me.
ii. It begins to focus on the guilt of a particular suspect.

Duty of Counsel

He must explain to the suspect his constitutional rights and the

consequences if he were to make a confession.
He must be present from the beginning until the signing of the
confession.

Independent Counsel

Counsel provided by police investigation because of the lack of

counsel of the suspect
Counsel from the Public Attorneys Oiche

. Non-independent counsel

i. Public Prosecutor
ii. Pn‘vate Prosecutor
iii. Counsel of another accused discharged to be state witness
iv. Mayor
v. Municipal lawyer
vi. Legal staff of mayor
vii. Barangay official
viii. Pn'vate lawyer regularly chosen by the police investigators and
receiving payment from them.

Admissibility of confession

The burden of proof is on the prosecution to prove all the

requirements of admissibility were complied with.
In case of non-compliance with the requirements, the confession and
objects discovered because of it are inadmissible.
If no objection was made when the confession was offered in
evidence. its inadmissibility is waived.

M. Right to Bail

1. lnapplicability

a. Court martial

Strict discipline is needed to achieve command efficiency.

20
 b. Extradition

i. Extradition is not a criminal proceeding for conviction

ii. It is a remedial proceeding to enable a foreign country to regain
custody over the accused.

2. Requirements for denial

a. The cn‘me charged is punishable with reclusion perpetua

b. The evidence of guilt is strong

3. Determination of application

a. 80 long as reclusion perpetua is applicable as a penalty, bail may be denied

without need of proving that it will be the penalty in case of conviction.
b. Since Qualify'ing circumstances must be alleged. if the information did not
allege any qualifying circumstance, the accused is entitled to bail.
c. Since minority is a privileged mitigating circumstance and in case of
conviction the penalty with be one degree lower, minors are entitled to bail.

i. This is limited to prosecution under the Revised Penal Code

ii. It is inapplicable to special crimes.

d. Even if the cn‘me charged is punishable with reclusion perpetua and the
evidence of guilt is strong, a senator may be granted bail. because the
likelihood of his escape is remote.

e. The fight to bail may be waived.

f. Suspension of the privilege of the wn‘t of habeas corpus does not suspend
the right to bail.
9. Excessive bail is prohibited
h. Bail cannot be required to be in cash and not by bond.
i. The fight to bail is guaranteed before initial conviction
j. Bail is not a matter of right pending appeal.

N. Rights of Accused

1. Presumption of innocence

a. Requirements for creation of presumption of guilt

i. Presentation of evidence
ii. RatiOnaI conviction between facts proven and presumption of guilt
iii. Opportunity for accused to rebut

b. Cases

i. Malversation — failure of public officer to account for public funds

upon demand.
ir'. Possession of stolen articles — Anti-Fencing Law
i'ii. Possession of fishes caught by the use of dynamite, cyanide or
electricity —- Fishen‘es Decree
iv. Acquisition by public officer of property in excess of his salary and
other lawful income

2. Right to Assistance of Counsel

21
 ‘ l

a. Duty of court to inform accused of n'ght and to give him time to have
lawyer of his own choice
D. Authon'ty of court to appoint counsel de officio if accused is resorting
to delay.
c. Waiver

i. Valid in case of competent waiver as when the accused is a

lawyer
ii. lnvalid in case the accused is a minor, has low educational
attainment. has low intelligence, is of unsound mind

e. Void conviction despite Legal Assistance

i. Gross negligence of lawyer

ii. Representation by impostor
iii. Representation of accused with conflicting interests

3. Right to Information

a. Violation

i. Different cn‘me

1) Estafa and theft

2) Rape and grave coercion
3) Estafa and Batas Pambansa Big. 2
4) Rape and seduction

ii. Omission of element of cn'me

iii. Omission of qualifying circumstances
iv. Omission of conspiracy
v. Different method of commission
vi. Number of counts
vii. Exact age of minor victim in rape
viii. Degree of relationship of uncle or cousin in rape
ix. Identification in rape case of accused who is common law
husband as stepfather.

b. Absence of violation: inclusion of cn'me in crime charged

i. Importation of shabu and possession of shabu
ii. Different date of commission except if it is element of cn‘me
iii. Correct identity of owner in robbery, a cn'me against property.

4. Right to Speedy Tn‘al

i. Factor

i. Length of Delay
ii. Reason for delay
iii. Assertion or non-assertion of fight
iv. Prejudice to the accused

ii. Right to Confrontation of Witnesses

1. Exceptions

22
 3- Dying Declaration
b. Res Gestae
c. Previous testimony in case involving same parties and subject
matter

2. Incomplete Cross-Examination

a. Exclusro'n of testimony of cross-examination barely started on

preliminary matters
b. Admission of incomplete cross-examination which covered
maten’al points in testimony.
c. Partial admission because of completion of cross-examination on
killing of victim and exclusion for lack of cross-examination on
qualifying circumstance
d. Repetitious cross-examination for purpose of delay
e. Exclu5io'n of irrelevant questions
f. Failure to cross-examine despite opportunrty'.

3. Right to Compulsory Process

a. Inapplicability‘

i. Witn'ess cannot be located

ii. Corroborative evidence

b. Applicability

Examination of genuineness of document presented as evidence

by adverse party

4. Right to be Present

a . Availability of tn'al in absentia after arraignment

b. Availability of tn’al in absentia if' accused went into hiding and
cannot be located
0. Waiver of n'ght to be present with stipulation he is person named
in information.

5. Right to Speedy Disposition of Cases

3. Applicability to civil, cn'minal, and administrative cases

b. Applicability to pen'od before. during and after the tn'al.
c. Factors

i. Length of delay
ii. Reason for delay
iii. Assertio'n or non-assertion of fight
iv. Prejudice to party

6. Right Against Self-lncn'mination

a. Person covered

i. Natural persons

23
 ii. lnapplicability to artificial persons, being creation of tha
state

b. Applicability"

i. Cn'minal cases. civil cases involving forfeiture of

property. and penal administrative cases.
ii. Testimonial evidence
iii. Pn‘vate papers
iv. Samples of handwn'ting

c. lnapplicability

i. Physical examination
ii. Waiver by testimony of accused in his own behalf
iii. Public records
iv. Artificial persons
v. Police line-up
vi. Testimony about prescribed crime
vii. Grant of immunity by law

1) Use immunity allows criminal prosecution but prohibits

use of his testimony
2) Transactional immunity prohibits prosecution

7. Involuntary Servitude

a. Scope

i. Slavery
ii. Peonage

b. Exceptions

i. Punishment for cn’me, such as community service

ii. Recruitment for defense of state dun’ng emergency
iii. Seaman who signed for a voyage
iv. Orders of parents to children in exercise of parental
authon‘ty
v. Posse comitatus
vi. Transcn'ption of notes of court stenographer
vii. Order to striking employees to return to work.

8. Criminal Penalties

a. Prohibited Penalties
III"

i. Excessive fines
ii. Cruel and lnhuman Penalties

1) Wanton infliction of pain

2) Flagrantly disproportionate length of imprisonment
to the nature of the offense as to shock the moral
sense of the community
3) Factors

a) Nature and gravity of offense

24
 b) Moral depravity of criminal
c) Severity of penalty as compared to penalties for
other offense
d) Legislative purpose

iii. Degrading Penalty

1) Exposing to public humiliation

2) Requiring a prostitute to carry a placard announcing
that she is a prostitute

lv. Death Penalty

i. it is not inherently cruel

ll. Lethal injection is valid

9. Prohibition against imprisonment for debt or non-payment of poll tax

a. Imprisonment for debt

i. Prohibition against citing for contempt a tenant who fails to

pay rent. because it is a contractual debt.

ii. Allowable imprisonment for sources of obligations

1) Law-refusal to give support

2) Quasi-contract; estafa for failure to return money received
by mistake
3) Law-estafa

iii. Taxes

a. Poll tax is a tax paid irrespective of income or properties —

community tax
b. Failure to pay other taxes can be prosecuted criminally.

iv. Cases

a. Violation of Batas Pambansa Bldg. 2 can be prosecuted.

It does not penalize failure to pay a debt but the issuance
of worthless check, which destroys faith in checks in trade
and commerce.
b. Failure to pay trust receipt can be prosecuted. because the
trust receipt is distinct from the loan.

10. Prohibition against Double Jeopardy

a. Requisites

i. Jurisdiction
ii. Valid information

1) Filing of infonnation by city prosecutor for crime committed

outside his jurisdiction

iii. Plea

25
 —f

1) Wntt'en plea in absence of court session

2) Conditional arraignment
3) Plea bargaining despite objection of prosecution

iv. Termination

1) Absence

a) Amendment of infonnation
b) Transfer of case
c) Disapproval of withdrawal of appeal

2) Presence

a) Conviction

Withdrawal of appeal without court approval

b) Acquittal

i. Demurrer to evidence
ii. Affidavit of Desistance
iii. Dismissal for violation of fight to speedy tn'al.

c) Dismissal

Erroneous dismissal by prosecutor without

consent of accused
Termination by discharge as state witness

V. Identity of offenses

a). Presence

i. Complex cn‘me
ii. Reckless imprudence
iii. Necessary inclusion
iv. Attempted stage
v. Frustrated stage

Absence: Separate laws

1) Anti-Graft and Corrupt Practices Act and
Falsification of public documents
2) Estafa and illegal recruitment
3) Reckless imprudence and abandonment of
victim
Rape and qualified seduction
Estafa and violation of Batas Pambansa Big. 22
5) Supervening circumstances

Law and Ordinances — Identity of Acts

Appeal

1. Standing

a. Absence

26

4.
 Prosecution
ii. Employer of accused driver

b. Presence

i. Accused
ii. Appeal by victim of civil aspect

ii. Prohibited means of review

i. Certioran‘
ii. Annulment of Judgment

2. invalid Termination

i. Denial of due process to prosecution

ii. Fraud
iii. Bad faith of accused
iv. Resting of case despite knowledge of prosecution of
insufficiency of evidence
v. Crediting accused with mitigating circumstances despite
absence of proof
vi. Erroneous dismissal for lack of jun'sdiction

10. Prohibition against Ex Post Facto Law and Bills of Attainder

a. Ex Post Facto Law

i. Applicability

1) Law makes crime and act done before its passage and punishes,
it retroactively. e.g. forfeiture of unexplained wealth acquired
earlier
2) Law aggravates a crime and makes it greater than when it was
committed, e.g., making use of unlicensed firearm a qualifying
circumstance
3) Law inflicts greater punishment than that inflicted when the crime
when committed
4) Law alters the rule of evidence and authorizes conviction upon
less or different testimony from the one required at time of
commission of offense, e.g., requin‘ng one witness only instead
two witnesses.
5) Law, assuming to regulate civil rights, imposes penalty or
deprivation of a right for act lawful when done
6) Law depn’ving of lawful protection to which person was entitled,
such as protection because of previous conviction. acquittal or
amnesty.

ii. Inapplicability

1) Extradition treaty
2) Probation law
3) Change of court jurisdiction
4) House rental law

iii'. Cases

27
 1. Reversal of judi‘l doctn‘ne favorable to the accused, e.g.,
validity of permit from governor to special agent to carry
firearms.
2. Continuation of failure to deliver title to subdivision lot after the
effectivity of the law requin’ng its delivery
3. Removal of absolute confidentiality of bank accounts before
its enactment.

b. Bills of Attainder

A bill of attainder is a law which inflicts a punishment without tn‘al.

I. WRITS

A. WRIT OF AMPARO

i. Pn‘nciples

a. It is a remedy available to any person whose fight to life. liberty and secun‘ty is
violated or threatened with violation by an unlawful act or omission of a public
official or employee, or of a pn'vate individual or entity.

It covers extralegal killings and enforced disappearances or threats of them.

(Section 1. Rule on Wn't of Amparo)

b. lnten’m Reliefs

a. Temporary protection order for petitioner. aggn‘eved party and member of

immediate family.
b. Inspection order to permit entry to inspect. measure, survey, or photograph
land or other property or any relevant object or operation on it.
c. Production order of documents, papers. books. accounts letters. photographs.
objects of evidence, and permission to inspect. copy or photograph them.
d. Witness protection order under Republic Act No. 6981 (Section 14, Rule on
Wn‘t of Amparo)

ii. Diligence Required

1) Ordinary diligence in the case of pn’vate individuals or entities

2) Extraordinary diligence in the case of public officials and employees
3) Unavailability of presumption of regular performance of duty in the case of public
officials or employees (Section 17, Rule on Writ of Amparo)

iii. Scope of Right to Secun‘ty

1) Freedom from fear

2) Guarantee of bodily and psychological secun'ty or security
3) Guarantee of protection of rights of government (Secretary of National Defense v.
Manalo. 568 SCRA 1)

iv. Cases

1) Persons who were abducted and tortured by the military who were able to escape
are still entitled to the issuance of the Writ of Amparo if they were threatened they

28
 would be abducted again or be killed if they escaped. (Secretary of National
Defense v. Manalo, 568 SCRA 1) _
2) If the persons responsible for the enforced disappearance of a person has been
determined and the cn'minal investigation has already started, the remedies
envisioned by the Writ of Amparo are exhausted. (Burgos v. Esperon, Jr., 715
SCRA 208)
3) In a petition for a Wn't of Amparo, command responsibility may be applied only to
enable the court to devise appropn'ate remedial measures to protect the rights
covered by it. It cannot be used to determine liability for criminal prosecution or
administrative proceedings. (Boac v. Cadapan. 649 SCRA 618) _
4) The supen‘or—officers who failed to conduct an effective investigation of the
abduction and torture of a person are liable for violation of his right to secunt'y.
(Rodriguez v. Macapagal-Arroyo. 660 SCRA 84)
5) A petition for a Wn't of Amparo cannot be granted if the complainant has already
filed a cn'minal case for kidnapping and there is no continuing threat to his rights
to life, liberty and secun'ty. (Lozada, Jr. v. Macapagal-Arroyo, 670 SCRA 645)
6) An accused against whom a hold departure order was issued cannot file a petition
for a Writ of Amparo. (Reyes v. Court of Appeals. 606 SCRA 580)
7) An alien who will be deported because of a pending criminal case against him in
his country cannot file a petition for a Wn‘t of Amparo, because he is not being
concealed and there are no threats to his life. security and security'. (Mison v.
Gallegos, 760 SCRA 363)
8) A petition for a Wn't of Amparo cannot be granted for the alleged inclusion of the
petitioner in the order of battle of the military in the absence of any threat to his life,
liberty or secun‘ty. (Ladaza v. Macagal. 685 SCRA 322)
9) The return of the properties taken from a person who was abducted and tortured
in a petition for a Wn't of Amparo. because it does not include protection of property.
(Roxas v. Macapagal-Arroyo. 630 SCRA 211)
10)The implementation of a decision in an ejectment case cannot be stopped by filing
a petition for a Wn't of Amparo, because it is not intended for the protection purely
of property or commercial concern. (Lapuz v. Rosario, 554 SCRA 768; Castillo v.
Ang, 605 SCRA 628)

B. WRIT OF HABEAS DATA

i. Principles

1) The Writ of Habeas Data is a remedy available to any person whose fight to pn'vacy
in life, liberty or security is violated or threatened by an unlawful act or omission of
a public official or employee, or of a private individual or entity engaged in collecting
data or information regarding the person, family, home and correspondence of the
aggn‘eved party. (Section 1. Rule on Wn't of Habeas Data)
2) The petition should allege the manner the right to privacy is violated or threatened
and how it affects the right to life, liberty. or security of the party. (Section 6, Rule
on Writ of Habeas Data)
3) The return may allege national secun‘ty, state secrets. pn‘vileged communication,
confidentiality of the source of the information of media and others. (Section 11,
Rule on Wn't of Habeas Data)
4) The court shall enjoin the act complained of. order the detention, destruction. or
rectification of the erroneous data or infomiation, and grant other relevant reliefs.
(Section 16. Rule on Writ of Habeas Data)

ii. Cases

1) A mayor whose name was included in the list of politicians maintaining pn‘vate
annies after a sen'es of surveillance operations cannot file a petition for habeas

29
 data for her exclusion on the basis of her n'ght to pn’vacy, because the fight must
yield to the ovem‘ding state interests. (Gamboa v. Chan, 677 SCRA 385)
2) Although a Facebook user can regulate accessibility of digital images in her
personal bulletin, female students who posted in their pictures in Facebook
showing them clad only in their underwear and did not limit accessibility to their
photographs cannot file a petition for habeas data. (Vivares v. St. Theresa's
College. 737 SCRA 92)
3) Where the decision in a forcible entry case was enforced, the defendants cannot
file a petition for habeas data to compel the police officers who were present to
give them their fight. because there was no violation of their fight to privacy related
to their fight to life, liberty or secun’ty. (Tupaz v. Del Rosario, 554 SCRA 768)
4) Where the decision in an unlawful detainer case was enforced, the defendants
cannot file a petition for a writ of habeas data when there is no allegation that the
police officers gathered infonnation regarding their personal, family, home or
correspondence. (Castillo v. Cruz, 605 SCRA 628)
5) An employee who was transferred to a distant office of his employer because of
an anonymous letter accusing him of disloyalty to his office cannot file a petition
for a wnt‘ of habeas data to be given information about the letter, because the
employer was not engaged in collecting data and there was no violation of his n'ght
to pn'vacy. (Manila Electn‘c Company v. Lim, 632 SCRA 195)

iii. Environmental Cases

i. Any Filipino citizen in representation of others, including minors or generation yet
inbom, may file an action to enforce rights or obligations under environmental law.
(Rule 2, Section 5)
,_

ii. Only the Supreme Court can issue a temporary restraining order or preliminary
..

injunction against lawful actions of government agencies that enforce

environmental laws. (Rule 2, Section 10)

iii. Continuing mandamus is a writ issued by a court in an environmental case directing

any agency or instrumentality of the government or officer to perform an act of
sen’es of acts decreed by final judgment which will remain effective until the
judgment is fully satisfied. (Rule 5, Section 3)

iv. The wt of kalikasan is a remedy available when the constitutional fight to a

balanced and healthful ecology is violated or threatened to be violated by an
unlawful act or omission of a public officer or employee or pn'vate individual or
entity, involving environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces. (Rule
,W~“-_ ._u_z

7, Section 1)
When there is a lack of full scientific certainty in establishing a causal link
between human activity and environmental effect, the court shall apply the
precautionary principle. The constitutional right of the people to a balanced
and healthful ecology shall be given the benefit of the doubt. (Rule 20, Section
1)

lll. Citizenship
Mww

A. Filipino Citizen
“

1. Citizens of the Philippines at the time of the adoption of the

Constitution
2.
_V_.«M

Children of Filipino father or mother

. ..

30
 °\‘
a. Filipino citizenship of father or mother
b. Legitimate or illegitimate filiation.
3. Children born before January 17, 1973 of Filipino mothers who elect
Philippine Citizenship upon majon‘ty age
4. Naturalized citizen

Modes of Acquisition of citizenship

1. Birth
2. Repatn‘ation
3. Naturalization
4. Direct act of Congress

Loss of Citizenship

1. Express renunciation of citizenship

2. Denaturalization
3. Declaration as deserter of armed forces in time of war

Reacquisition of Citizenship

1. Repatn‘ation
2. Naturalization
3. Direct Act of Congress

Requirement of natural born citizenship for public office.

1. Posrt'ions covered

President
Vice President
Senators
Congressmen
Justices of Supreme Court, Court of Appeals. Sandiganbayan and Court of
99-9575”

Tax Appeals
f. Commissioners of Civil Service Commission, Commission on Elections.
Commission on Audit. and Commissioner of Human Rights
9. Directors of the Bangko Sentral ng Pilipinas

2. Natural-born Citizens

a. Natural-born citizens are those who are Filipino citizens from birth without
having to perform any act to acquire Philippine citizenship.
b. Children born of Filipino mother before January 17, 1973 who elected
Philippine citizenship are natural-bom
c. Natural-born citizens who became naturalized foreign citizens and
repatn'ated are natural-bom citizens.
d. Natural-born citizens who become naturalized citizens of foreign countn'es
after the effectivity of Republic Act No. 9225 retain their Philippine
citizenship if they take an oath of allegiance after its effectivity.

Dual Citizenship

1. A Filipino citizen who has dual citizenship who used his passport as a citizen
of the foreign, citizen before he filed his certificate of candidacy did not lose his
Philippine citizenship. 307 SCRA 630

31
’2.
Dual citizenship comes about when as a result of the concurrent application of
the diff'erent laws of two or more countries. he is considered a citizen of all of
them:

i. The country of the father of the dual citizen follows the principle of jus soil
and the country of the mother follows the pn‘nciple of jus sanguinis.
ii. The law of the country of the alien father and the law of the country of the
mother both treat the child as its national
iii. The law of the country of the father considers the Filipino mother a citizen
of his country. Dual citizenship is involuntary.
3. Dual allegiance refers to the situation in which a person simultaneously owes
loyalty to one or more states by a positive act.

lV. Suffrage Overseas Voting

i. They can vote only for the President, Vice President. Senators. and Party
List Representatives, and in national referendums and plebiscrt'es.

V. Legislative Department

A. Legislative Power

a. Legislative power is the power to make laws and to alter and repeal them.
b. Corollaries

i. Congress cannot pass irepealable laws.

ii. Congress cannot delegate legislative power

a) Delegated power cannot be delegated

b) It will violate the separation of powers

0. Delegation of powers

i. Article VI, Section 23(2) authorizes the Congress to give the

President necessary and proper power to carry out a declared
national policy.
ii. Article VI, Section 38(2) authon'zes Congress to delegate to the
President the power to fix tariff rates. import and export quotas,
tonnage and wharfage dues and other duties and imposts.
iii. Local governments may be authorized to legislate on purely local
matters.
iv. The people are authorized to enact laws by initiative and to approve
or reject a law through referendum.
v. Administrative agencies may be authon'zed to issue supplementing
mles and regulations.

1. The delegation must be complete; i.e.. it must set forth the policy
to be implemented.
2. it must prescribe sufficient standards to detennine whether or not
the delegate acted within the scope of the authority given.

vi. Administrative agencies may be authon'zed to determine if the

conditions for the effectivity of a law have been fulfilled.

vii. Cases

1) Valid Delegation

32
 a) Denial of permit for rally because of clear and present danger
of substantive evil.
b) Simplicity. economy and efficiency for reorganization
c) Removal of revenue collection officers for failure to meet the
collection target
d) Formulation of policy to facilitate detention, investigation and
prosecution of cyber crimes.
e) Increase of the VAT to 12% if the VAT collected as percentage
of gross domestic products exceeds 2 4/5% or the deficit as
percentage of the gross domestic product exceeds 1%.
f) Public safety as implied standard for requirement for early
waming devices.
9) Simplicity, economy and efficiency for government
reorganization found in another law in pari materia.

2. invalid delegation

a) Authority given to the courts to impose imprisonment as

penalty without indicating its duration
b) Authority given to the President to use funds from energy
resources develop for purposes other than energy resource
development and exploration as the President may direct.
c) Authority given to use the franchise tax to finance pn'on'ty
infrastnicture development projects.

viii. Penalty for violation of administrative regulations

1) The law itself must make the violation 8 cn'me

2) The law itself must provide the penalty
3) The regulation must be published

B. Bicameral Legislature

1. Composition

a. The Senate consists of 24 Senators. Their term is six years. No Senator

can serve for more than two consecutive terms.
b. The House of Representatives is composed of 250 members. unless
otherwise fixed by law. Their term is three years. No member of the House
of Representatives can hold office for more than three consecutive terms.

Apportionment of Regular Members

a. Legislative districts shall be apportioned every province. cities and

Metropolitan Manila area based on a number of inhabitants and the uniform
and progressive ratio.
Each city with a population of at least 250 inhabitants shall have at least
one representative
A city with a population of less than 250 inhabitants is not entitled to have a
representative.
. A city with a population of more than 250 inhabitants may have one or more
representatives
Each province is entitled to have at least one representative
The minimal requirement of 250.000 inhabitants does not apply to
provinces.
A piecemeal increase of apportionment of legislative distn’cts is valid.

33
3. Party-list representatives

a. The requirement that the party-list representative constitute 20% of the

member of the House of Representatives is mandatory.
b. Participation in the party-list election should comply with the following
guidelines:

National. regional. and sectoral parties and organizations may participate:

National and regional parties or organizations need not organize along
sectoral lines nor represent any marginalized and underrepresented sector,
iii. Political parties can participate in party-list elections provided they register
under the party-list system and do not filed candidates in legislative distn'ct
elections. A political party that filed candidates in legislative distn'ct
elections can participate in party-list elections through its sectoral wing,
which can separately register under the party-list system. The sectoral wing
is an independent sectoral party and is linked to a political party through a
coalition.
iv. Sectoral parties or organizations may be marginalized or underrepresented
or lacking in well-defined political constituencies. it is enough that their
principal advocacy pertains to the special interests of their sector. The
marginalized and underrepresented sectors include labor, peasant, fisher
folk, urban poor, indigenous cultural communities. handicapped, veterans
and overseas workers. The sectors that lack well-defined constituencies
include professionals. the elderly, women and the young.
A majon'ty of the members of sectoral parties or organizations that represent
the marginalized and underrepresented and lack well-defined political
constituencies must belong to the sectors they represent. The nominees
must belong to their sectors or must have a track record of advocacy of their
sectors. The nominees of national and regional parties or organizations
must be bona fide members of such parties or organizations.
vi. National. regional, and sectoral parties or organizations shall not be
disqualified if some of their nominees are disqualified, if they have at least
one nominee who is qualified. (Atong Panglaum, Inc. v. Commission on
Elections, 694 SCRA 477)

C. Legislative Compensation and Pn'vileges

1. An increase in the compensation of members of Congress will take effect

only after expiration of the full term of all of them.

2. Immunity from Arrest:

A member of Congress is privileged from arrest in case of prosecution for

offenses punishable by imprisonment of not more than 6 years of
impn'sonment while Congress is in session.

,a. The pn'vilege cannot by law be expanded to cover offenses punishable

by more than 6 years of impn‘sonment
b. The member of Congress need not be attending the sessions

3. Privileged Speech

A member of Congress cannot be held liable outside Congress for any

speech or debate in the performance of his duties.

34
 ‘

a. A member of Congress who publicized a letter he wrote the Preside,“

informing him that certain persons were plotting to stage a coup (rem
is not immune from prosecution for libel.
b. The immunity of members of Congress applies to the preparation of
Committee reports, resolutions, committee hearings, voting, and
speaking on the floor.

D. Inhibition and Disqualifications

1. lnhibrt'ions

a. No Member of Congress may hold any other office in the government,

any subdivision, agency or instrumentality of it, including government
owned or controlled corporation, and their subsidiaries without forfeiting
his seat.
b. The inhibition does not apply to membership in the board of directors of
the Philippine National Red Cross. It is not a corporation organized for
profit and is sui generis. Its duty is to ensure compliance with the
obligations under the Geneva Conventions.
c. A Member of Congress cannot be appointed to an office created or
whose emoluments were increased during his term.

2. Prohibitions

a. A Member of Congress cannot appear as lawyer as counsel before any

court or administrative body.

1‘. The prohibition refers to appean‘ng as counsel for a third party and not
for himself.
ii. A Member of Congress who appeared as counsel in an administrative
body for stockholders of a corporation but withdraw when his
appearance was questioned cannot buy shares of stock in the
corporation and appear in his own behalf.
iii. The prohibition applies to signing of pleadings.

b. A Member of Congress cannot be directly or indirectly interested

financially in any contract with the government. any franchise or special
pn‘vilege granted by the government during his term.

i. The financial interest refers to receipt of profits from the contract.

ii. The prohibition includes being stockholders of a corporation.
iii. The prohibition includes the involvement of the spouse of the
Member of Congress in a contract with the government

0. A Member of Congress cannot intervene in any matter before a

government office if he will be paid for it.

d. A Member of Congress cannot intervene in any matter where he may be

called upon to act in connection with this office

i. Acting as counsel for a corporation being investigated by

Congress
ii. Sponson‘ng a bill which will benefit his client.
E. Quorum and Voting Majorities

a. Quorum

35
 Majon'ty of each house
In Avelino v Cuenco, the presence of 12 out of the 23
Senators present in the Philippines and the absence of one
Senator abroad when the Senate President was replaced was
upheld as constituting a quorum, because the Constitution
provided that the quorum was based on majority of the Senate
and not majon'ty of all members

0. Voting Majon‘ties

Election of President and Speaker — majority of all members.

Punishment of Member for disorderly behavior — 2/3 of all
Members.
iii. Declaration of war - 2/3 of each House
iv. Overriding veto — 2/3 of all Members of each house
Tax exemption - majon'ty of all Members of each House
vi. Deadlocked election of President or Vice President — majorrty'
of all Members of each house
vii. Declaration of incapacity of President — 2/3 of each House
viii. Revocation of proclamation of martial law or suspension of
privilege of habeas corpus - majority of all members voting
jointly
ix. Concurrence in ratification of treaty - 2/3 of all Members of
Senate
Complaint for impeachment — 1/3 of all Members of House of
Representatives
xi. Conviction in impeachment - 2/3 of all Members of Senate
xii. Constitutional amendments

1) Amendments by Congress - A3 vote of all members

of each House
2) Calling constitutional convention

a) Call by Congress — 2/3 of all Members of each

House
b) Referral to people - majon'ty of all Members
each House

Discipline of Members

Grounds
a. Disorderly behavior
b. Delivery of speech making unsubstantiated accusations of bn'bery is
ground.
c. Conviction is political question
d. The Sandiganbayan can order the suspension of a legislator for graft
and corruption
c3

Electoral Tn'bunals

a. Court to decide election contests in Congress

b. Acquisition of jun‘sdiction after assumption of office by protest
C. Issues

Election, returns and qualification

inclusion of qualification imposed by law.

36
 d. Composition

i. Three Justices of Supreme Co‘un

ii. Slx members of House based on proportional representation of
parties
iii. Security of tenure of Members

H. Commission on Appointments

a. Composition

i. Senate President _
ii. 12 Senators and 12 Congressmen based on proportional
representation of political parties

a. Minimum number of one-twelfth of membership of House for

representation of political party
b. Validity of reorganization of membership to reflect permanent
political realignment
c. Invalidity of rounding off of fractional seats to full number
(1. Voting

i. Majority vote
ii. Voting by Senate President only in case of deadlock.

I. Powers of Congress

1. Legislative investigations

a. Subject matter

i. Since the legislative power is in aid of legislation, Congress can only

investigate matters on which it can legislate.

1. Congress can investigate anomalous government contracts

and government operations
2. Congress cannot investigate to determine if someone should be
prosecuted; if someone is guilty of a cn‘me. or if a disclosure will
aid in the prosecution of a crime
3. Congress can investigate if the subject matter is in involved in a
case pending in court. because its a vowed purpose is to
determine whether or not there is a need to pass remedial
legislation.
 (1. Information regarding closed-door cabinet meetings, military
secrets. and diplomatic negotiations.
9. Kinds

i. Communication privilege, communications and documents

reflecting presidential decision-making which the President
believes should be kept confidential.
ii. Deliberative process privilege, which includes advisory
opinion. recommendation and deliberations comprising part of
process for formulation of decision and policies.

2. Oversight Function

a. Categon‘es

Scrutiny

Congress requests information and reports from other branches of

government. It can give recommendations or resolutions for
consideration of the agency involved.

b. Congressional Investigation

This involves intense search for facts in aid of legislation

c. Legislative Supervision

This is the most encompassing form of legislative supervision. It

involves information on the part of the congressional committee
regarding executive operations and a given area. It requires
presentation of proposed regulations to Congress, which retains the
power to approve or disapprove the regulation before it takes effect.
it violates separation of powers.

3. Distinctions between Investigation in Aid of Legislation and Question Hour

a. In legislative investigation, appearance is mandatory. In the question

hour, the department may not be compelled to appear

In legislative investigation, the aim is to get information that may be

used for legislation. In question hour. the purpose is to get
information in pursuant of the oversight function of Congress.

4. Informing Function

Since investigations in aid of legislation are presumed to be a matter of

public concern any executive issuance which merely limits disclosures of
infonnation which they can use to in formulating their own opinions. which
they can communicate to their representatives and other government
officials is an impairment of their fight to information.

The fight to information is not absolute. Diplomatic negotiations are

privileged.

38
 J. Legislative Procedure

1. On’gin

a. Appropn‘ation, revenue or tan‘ff bills. bills authorizing increase of

public debt. bills of local applications. and pn‘vate bills shall
:_. "-

on'ginate exclusively in the House of Representatives

NM
vb."
“4;;

i. Appropn'ation bills are bills whose pn‘mary and specific purpose is

to appropriate money from the public treasury. It does not include
«WMm.

bills whose primary purpose is something else and appropn‘ates

‘

money as a means to implement it.

ii. Bills of local application are bills which do not affect the entire
country or a sizeable section of the population. Examples are a
bills creating a new city, establishing a public school, or renaming
a street.

iii. Pn'vate bills include a bill making someone a naturalized Filipino

citizen or granting a franchise to a public utility.

2. Revision

a. It is not prohibited to file similar bills in the two Houses of

Congress simultaneously provided the Senate suspends
actions until the House of Representatives has finished its
process.
b. Because of its co—equal power to legislate, the Senate may
rewrite the bill completely

3. Prohibition against Riders

a. The general appropn'ation bills should not contain a provision

which has nothing to do with appropn'ation.
b. A provision prohibiting the termination of a soldier unless he
was found guilty in a court martial or applied for retirement
cannot be included in an appropriation act.

4. Transfer of Funds

1. Authority to Augment

a. The Chief of Staff of the Armed Forces of the Philippines cannot

be authorized to augment the pension funds from savings.
b. The Deputy Executive Secretary has no authority to augment an
item from savings.
c. No transfer of funds for augmentation can be made if there are
no savings and there is no item which needed augmentation.
d. An authorization to augment any item in the General
Appropriation Act from savings in the appropriation for the offices
of the officers authorizes to exercise the power even if the office
is outside their office is unconstitutional.
e. Unreleased appropriations are not savings and cannot be used
for augmentation.
f. Unobligated allotments cannot be declared as savings unless (1)
a balance is available after completion or abandonment of the

39
 authorized purpose (2) the balance arises from unpaid
compensation and related to costs pertaining to vacant positions
and leave of absence without pay and (3) balances resulting from
improved systems and efficiencies.
9. Once the General Appropriations Acts becomes a law, the
President cannot veto or cancel any specific Item in it, because
he has no power to impound the disbursement of funds.
h. Since information on actual revenue collections and targets are
made available every quarter, actual revenue surplus may be
released from the unprogrammed fund.

5. Purpose of Appropriations

a. Pn'nciple

Public funds cannot be appropriated for a private purpose.

b. Cases

i. The imposition of a tax to fund the unpaid portion of the capital

stock of a corporation is unconstitutional.
ii. Since the coconut levy is a forced exaction and is a tax imposed
to develop the coconut industry, the shares of stock
purchased with it cannot be given for free to pn'vate
individuals.

6. Title of Bills

a. The title need not be an index of the contents of the bill. It is

sufficient if it states the subject and the other provisions are
relevant to it.
b. A law which is entitled that i't amends the Government Service
Insurance System Law by granting legislators retirement benefits
is unconstitutional. because they are not members of it.
c. The tltle of law which converted the post office to a corporation
need not indicate that it is repealing the provisions of the old law,
because it is the effect of the new law.
d. The repeal of provisions granting an exception from the value
added tax. which was entitled as law expanding its scope is
reflected in the title as a means to achieve the purpose
9. A law, which converted a municipality into and made it a
legislative district is valid. the conversion is a necessary
consequence of it because it had a voting population of more than
250,000
f. A provision requin'ng the transfer of election officers every four
years is valid even if it is not stated in the title for the registration
of voters. Its purpose is to insure the independence of the
election officers.

7. Three Readings

a. Presidential certification as to necessity of immediate enactment

i'. The second and third readings need not be held on separate
dates
ii. The final form of the bill need not distributed three days before the
third reading.

40
 iii. It is is a tax bill, and theimam substituted the house version. the
certification validly referred to the Senate version.

8. Deviation from rules of procedure

a. Validity

A law is valid despite the deviation from the rules of procedure

because of the power of Congress to suspend its rules.

b. Exception

a. Constitutional requirements
b. Rights of private individuals

9. Enactment of Bill into Law

a. The President signed the bill

b. Presidential vetoed

i. The President can veto any item in appropriations, revenue

and tan'ff bills
ii. The President failed to communicate his veto to the House
where the bill on‘ginated within 30 days after the receipt
iii. The veto was overridden by two-thirds vote of all members
of each House

c. The President did not act on the bill within 30 days from
receipt.

10. Enrolled Bill

a. The enrolled bill is the bill signed by the Speaker of the House
of Representatives and the Senate President and signed into
law by the President.
b. The enrolled bill is conclusive evidence of its enactment into
law.

1'. Because of separation of powers, the Judiciary cannot

interfere With the functions of a separate and co-equal
department.
ii. Public policy requires that the authenticity of laws should
not be made to depend upon oral evidence which can be lost
because of death or imperfect memory.

C. The Supreme Court cannot correct the alleged error of the

enrolled bill exempting urea formaldehyde from payment of
margin fee which should have been urea and formaldehyde.
1

The remedy in amendment by legislation.

d. Where the Senate President and the President withdrew their
signatures from a law because of a mistake, it‘ ceased to be
an enrolled bill and cannot be enforced.
4‘9wa
.

11. Bicameral Conference Committee

41
a. Although the Bicameral Conference Committee, which is
supposed to reconcile only differences between the House and
the Senate version of the bill, introduced amendments in the bill,
it is conclusive upon the Judiciary. Since it was approved by both
Houses. i't became an enrolled bill.

b. Methods of Reconciliation

Reconciliation of differences can be made by adopting the

provision of either House. eliminating both provisions,
maintaining the provision for a lower rate with a provision for
increasing the rate upon occurrence of certain conditions.

Limitation on Taxing Powers

8. Taxation shall be uniform

i. Unifomiity is synonymous with equal protection.

ii. Taxing certain cigarettes at a higher rate on the basis of their
trademarks violates uniformity.
iii. Taxing homeless people and middle class people at dift'erent
rates is valid.

. Taxation shall be equitable

lt.is based on ability to pay exempting taxpayers whose gross

annual sales do not exceed P1,500.000 from VAT and imposing
3% percentage upon them is equitable.

c. Taxation is progressive

i. Taxation is progressive when the tax rate increases as the tax

base increases.
ii. This is not self—executory and is addressed to Congress
iii. It does not completely prohibit regressive taxes.

Exemption from Real Property Tax

a. Chan'table institutions, churches. and lands. buildings.

improvements actually. directly and exclusively used for religion,
chan'table. or educational purposes are exempt from real property
taxation.
. "Exclusively" means “primarilyf'
. if a building is used for a school, it is exempt from taxation even
if the director lives in it. '
. lf one-half of a building is used for a school, and the other half is
leased to a corporation, one-half of the property is subject to real
property tax.
. A hospital which serves charity patients is exempt from real
estate tax but should pay for the portions of the land which is
leased for commercial purposes.

Payment of Appropn'ations

a. Since Presidential Decree No. 1177. which automatically

appropn'ates funds to pay for loans from international market for
projects has not been repealed. the appropriations remain valid.

42
 b. Where a court decision ordered the government to pay a
contractor for a protect and awarded attorney's fees to the
contractor. the award of attorney's fees cannot be paid. because
the appropn'atio'n did not include payment for attorney's fees.

VI. Executive Department

A. Presidential Immunity

1. Presidential immunity can be invoked by the President only.

2. The duration of the immunity is limited to the tenure of the President.
3. The immunity does not exempt the President from prosecution for unlawful
acts committed during his tenure.

8. Executive Powers

1. Witness Protection Law

Executive power involves the prosecution of crimes and includes the power
to decide whom to prosecute and to grant immunity to witnesses.

2. Residual Powers

The powers of the President are not limited to the specrf'ic powers
enumerated in the Constitution. The President has the residual power to
protect the general welfare of the people. Whatever power inherent in the
government is neither legislative norjudicial is executive.

3. Encroachment by Congress

a. Upon approval of the General Appropn'ations Act, the role of Congress

ends.
b. Legislators cannot be consulted. identify projects to be funded, authon‘ze
fund release and realignment.
To ensure that the President can exercise his power of item veto. the
appropn‘ation act must contain specific appropriations. An item must be
a specified singular amount for a specific purpose.
. The calamity fund. the contingent fund, and the intelligent fund. being a
specrf'ied amount for a specific purpose. is a line-item appropn'ation.
An appropriation may apportion into component percentages. but each
percentage must be allocated for its own corresponding purpose.
An appropriation may have several purposes that by accounting and
budgeting practice are considered as one purpose. such as
maintenance and operating expenses.
9. A singular lump-sum appropriation for multiple purpose is void.

4. Appointments

a. Since this power involves discretion, the law cannot limit his choice to
one person.
b. Midnight appointments

Appointments made before March 10. 2010 were not valid unless the
following elements were present:

Authority to appoint and evidence of its exercise

Transmittal of the appointment and proof of it,

43
 of appointment C b the
ill. Vacant position at the fi‘time
the
lv. Receipt of the appointment and its acceptane
none 0
appointee, who possess all the qualifications and
disqualifications.

5. Removal

a. The President cannot remove career civil servants whom he appomled-

b. They should be charged before the Civil Service Commission or the
Ombudsman.

6. Power of Control and Supervision

a. Power of Control

i. it is power of an officer to alter, modify, nullify or set aside

what a subordinates had done in the performance of his duties
and to substitute the judgment of the former for that of the
latter.
ii. Because of the power of control. the President can directly
perform a function or duty conferred by law upon his
subordinate.

1) The President can issue implementing regulations

2) The President can revoke permits for firearms

iii. The power of the President is over the actions and decisions
of his subordinate and not over his person.
iv. The President can reverse the decisions of directors of
government corporations.
v. The President is not obliged to accept all appeals by
administrative officers. Appeals may be precluded by
presidential circular, by provision of law, or by provision of the
Rules of Court.

b. Doctrine of Qualified Political Agency

The acts of secretaries of departments in the regular course of business

are presumed to be acts of the President unless disapproved by him.

0. Power of Supervision

The power of supervision of the President over local government units

is the power to see to it that the subordinate officers perform their duties.

d. Powers which the President cannot delegate

i. Power of appointment
ii. Power to suspend the privilege of the writ of habeas corpus
iii. Power to proclaim martial law
iv. Executive clemency

7. Military Powers

a. Proclamation of Martial Law and Suspension of Pn'vilege of Wn't of

Habeas Corpus
Requrisites
i.
_ is invasion or rebelllo
1) There '
2) Public safety requires it n

ii. Duration
1) Not more than 60 days
32)) RReevv‘e'owcatbronSby joint majon'ty vote of Congress
from filing 0f petition
Y upreme Court within 30 days
4) Extension
persistence of invasion or
a) Initiative of President because of
rebellion
b) Requirement of public safety

Effects
iii.
of Constitution
a) Continued operation legislature
of civil courts and civi lians in case
of
b) Continued functioning courts over
of military
c) Conferment of jun’sdiction
to function in the absence
inability of civil courts n't of habeas corpus
con
d) Automatic _ to
of proclamation
of suspensron of writ ofi habeas corpus
‘ '
suspensron of ffenses inherent
or directly
e) Limitation of
persons charged .
with invasion in a bsence of filing of case
connected or detained
Release of person arrested
f) three days of arrest
in court within
' nt is limited to preservation
stration of martial 327 US. 304)
The admm‘i and good order.
of public safety

suppress
arm ed forces to
' can call out the
and camappings.
-ups, kidnappings suppress
of rebellion is not required to
' fa state
a rebellion. wa rrantless arrests
a state of rebellion is declared, the Rules of
When
except in accordance wi th
cannot be made
Cn'minal Procedure

of Emergency
c. Proclamation laws
an d the police can be ordered to enforce
i. The military
of lawless violence.
pertinent to suppression made except in the instance
arrests canno t be
Warrantiess
0an'minal Procedure
allowed by the Rules
t be revoked
Permits for rallies canno be made.
iii.
the media and newspa pers' cannot
iv. Taking over
legislate
v. The President cannot

8. Executive Clemency

a. Forms

1. Pardon

45
r1.
Amnesty is a general pardon to a class of persons for serious
political offenses

2. Conditions

a. Favorable recommendation of the Commission on Elections

for election offenses
b. Concurrence by a majority of all members of Congress

3. Effect of Denial of Application

a. Application implies admission of guilt

b. The applicant should be convicted.

4. Distinction between Pardon and Amnesty

Pardon can be given only after final conviction; amnesty can

be given any time and even before the filing of a cn'minal case.
b. Pardon looks forward; amnesty looks backward as if the
accused never committed a cn'me.
Pardon is given to individuals; amnesty is given to a class of
persons.
Pardon is given to all cn'minal offenses; amnesty is given for
political offenses.
Pardon does not require the concurrence of Congress;
amnesty requires the concurrence of Congress.
Pardon must be proven, because it is a pn‘vate act.
Amnesty need not be proven, because it is a public act.

9. Dip'lomatic Power

a. Treaties

The concurrence by at least two-thirds of all the

Members of the Senate is required.
Since the ratification of a treaty is discretionary. the
President cannot be compelled to submit a treaty to
the Senate for concurrence in its ratification.
Since obligations in tax treaties must be complied with
in good faith, they are self-executory and an
application for compliance with it cannot be required.
iv. Executive agreements need not be submitted to the
Senate for concurrence in its ratification.
The President may enter into an Executive
Agreement which merely implement existing treaties
regarding military bases, troops or facilities.
vi. The President can waive claims of individuals against
a foreign country if he believes it is in the interest of
the country.

Vll. Judicial Department

A. Judicial Power

1. Expansion

47

‘-'—~“”‘-2--~__.n-. ..,
‘
 a. Facial challenge should not be limited to freedom of speech but s
extendsto all prows‘io'ns of the Bill of Rights. (lmbong vs. Ochoa, Jr 721

.
SCRA146.)

2. in the Supreme Court the wnt‘s of certioran‘ and prohibition are available
remedies against govemment instrumentaiities" whether or not they are
exercisrng Judicial, quasi-judicial or ministen’al functions. (Araullo vs. Aqurno
III, 728 SCRA 1.)

3. The Supreme Court can issue a temporary restraining order to suspend the
execution of an accused. because it retains control over the execution of its”
decisro‘n, as n'ghts may arise in connection with it'.

4. Courts have the inherent power to issue wn'ts of preliminary injunction to

enable them to administer justice‘

5. Since the Court of Tax Appeals has appellate jun‘sdiction over decisions of
the Regional Tna‘l Court in local tax cases. rt' has the inherent power to issue
wnts' of certioran‘, because it is necessary to preserve the subject of the
action and to give effect to the final detenninatio'n. (City of Manila vs. Grecio-‘
Cuervo, 715 SCRA 182.)

6. Because of the separation of powers, the correctness of the decrs'ions of

the Supreme Court is conclusive upon the other departments.

7. A law which was declared unconstitutional by the Supreme Court cannot be

re-enacted by Congress.

B. Powers Allowable to Administrative Agencies

1. The Department of Justice. the Ombudsman. and the Commissro‘n on

Human Rights can grant immunities to witnesses.
2. Administrative agencies can be granted jun‘sdiction to decide cases by
arbrtra‘tio'n in lieu of court adjudication.
3. Administrative agencies may be authon‘zed to issue subpoenas as an
adjunct of their investigating powers.
4. Barangay oitTcials may be authon'zed to issue temporary protection orders
pursuant to their power to enforce the law and to maintain public order.

C. Safeguards of Judicial Independence

1. Guarantee of security of tenure in case of reorganization.

2. Fiscal autonomy

a. Prohibition against reduction of appropn'ation below the previous

amount appropn'ated.
Automatic and regular release of appropn‘ations.
Discretion of Supreme Court as to expenditures of funds.
Establishment of Supreme Court as a constitutional body.
Removability of Members of Supreme Court by impeachment only.
Guaranteed jun'sdiction.
Nominations of appointees by Judicial and Bar Council.
Power of Supreme Court to appoint all officials and employees of
.3‘9’9 -9 '

Judiciary
Vi. Grant of administrative supervision over all courts and personnel
j. Secun'ty of tenure
k. Prohibition against reduction of salaries
l. Exclusive authon'ty of Supreme Court to promulgate rules of procedure.

D. En Banc Decisions

Cases involving constitutional issues

Modification of a pn'nciple of law
Reversal of pn'nciple of law
Election contents involving the President and the Vice President
Failure to obtain a majon'ty of three votes in a division
Other cases by intemal resolution
@QPSANT‘

E. Rule-Making Power

A. Scope

1. Protection and enforcement of constitutional n'ghts

Wn‘t of Amparo
Wn‘t of Habeas Data
Wnt' of Kalikasan
Legal assistance to the underpn'vileged
Pleading, practice and procedure
Review of rules of procedure of Special courts and quasi-judicial
fle ce?

bodies

2. Limitations

a. Simplified and inexpensive procedure for speedy disposition of

cases.
b. Unifonnity for all courts of the same grade.
Prohibition against diminution. increase or modrf‘ication of
9

substantive rights

3. Cases

a. Valid Rules

i. If a solidary debtor dies, the creditor can proceed separately

against the surviving solidary debtors.
ii. Allowing the reversal of a criminal case dismissed
provisionally within two years is valid. because the two—year
pen'od is not a statute of limitations.
iii. Requin‘ng government entities granted exemption from
payment of docket fees by their charter is valid, because of
the exclusive power of the Supreme Court to promulgate rules
of procedure.
iv. The transfer from the Supreme Court to the Court of Appeals
of the review of the decisions of the National Labor Relations
Court is valid, because it is merely procedural
v. The transfer from the lnfen'or Court to the Regional Tn'al Court
of the jun'sdiction over unfair competition cases is valid.
vi. The transfer to the Court of Appeals of criminal cases
involving the penalties of reclusion perpetua and life

49
 impn’sonment but subject to further appeal to the Supreme
Court is valid.

b. Substantive Law

l. The law prohibiting the filing of a petition for declaratory relief

involving tax assessments is substantive.
ii. The law nequin‘ng the deposit of the zonal value of the real
property sought to be expropn'ated is substantive.
iii. The fight to support of an heir of even beyond minon‘ty age
dun'ng the pendency of the proceeding for settlement of an
estate is substantive.
iv. Since the law providing for extinction of criminal lr'ability
because of prescn‘ption is substantive, this fight is not lost
because of failure to file a motion to quash.

F. Requisrt'es of Judicial Review

1. Legal Standing

a. Pn'nciples

i. Legal standing is peculiar to constitutional questions.

ii. Legal standing is merely procedural and can be waived by the
Supreme Court.
iii. The Supreme Court has discretion to refuse to entertain a
taxpayer’s suit.

b. Existence of Legal Standing

i. Taxpayers

1) Cases involving validity of tax laws

2) Laws involving expenditures of public funds
3) Contracts involving expenditures of public funds

ii. Members of Congress

1. Intrusion upon legislative power

a. Presidential veto
b. Executive Pn’vilege

2. Need for legislative franchise

3. Ratification of treaties

iii. Filipino citizens

National patrimony
Lands of public domain
Natural resources
Environmental cases
Philippine territory
Forfeiture of ill-gotten wealth of public officers
F’SnPSs’Nr"

iv. Voters

50
 1. Right of Sufimgxe
2. Election Laws

V. Association — laws affecting n'ghts of its members.

6. Requisites for acceptance of cases of transcendental importance in

case of lack of party with standing.

Character of the funds or other assets involved in the case.

Clear case of disregard of constitutional or statutory
prohibition by an instrumentality of the government.
Lack of any other party with a more direct and specrf'Ic interest
in raising questions being raised.

d. Cases

1. Voters and citizens were allowed to question the rules of

procedure for impeachment when the case involved a member of
the Supreme Court.
2. Owners of motels were allowed to question the validity of an
ordinance letting rooms in motels less 12 hours.

6. Absence of Standing
.
I. A plaintiff who does not own a parcel of land occupied by
squatters cannot question the constitutionality of a law
requiring their relocation.
Retired commissioners of the Commission on Audit cannot
question the reorganization affecting its employees.
Filipinos citizens cannot question the auction by the
government of pn'vate properties donated to pubic officers.

2. Actual Controversy

a. Existence

The doctn'ne of n'peness is synonymous to the requirement of an

actual controversy. (Lawyers against Monopoly and Poverty vs.
Secretary of Budget and Management. 670 SCRA 373.)

The validity of the Executive Order providing executive pn'vilege can

be resolved since cabinet members had already refused to appear
in legislative investigation.

The constitutionality of the law providing in case of conflict

between the Muslim Code and national law. the latter will
prevail cannot be resolved in the absence of an actual conflict.
The constitutionality of a pending bill cannot be decided.

Since the constitution has expanded the scope of judicial power of

the Supreme Court and extends to all provisions of the Bill of Rights.

3. Raising at Earliest Opportunity

a. This refers to the filing of the initial pleading and not to the existence
of the transaction or the law involved.

51
r—Since only the Judiciary can declare a law unconstitutional. the
question of the constitutionality of the law giving the Ombudsman
jun‘sdiction over administrative cases involving public officers were
property raised dun'ng the appeal in the Court of Appeals.
A lawyer who appeared as counsel for the respondent in an election
protest involving the President filed in the Supreme Court who did
not question the designation of the Supreme Court as Presidential
Electoral Tn'bunal cannot raise it after many years.

Lis Mota

Courts will still decide a case which has become moot in the following
cases:

a. There is a grave violation of the Constitution.

b. The exceptional character of the situation and the paramount public
interest are involved.
c. The constitutional issue raised requires the formulation of controlling
principles to guide the bench, the bar, and the public.
d. The case is capable of repetition and evades review.

G. Post Operative Fact Doctn’ne

1. Concepts

Although a law or executive issuance was declared unconstitutional, its

existence as a fact must be recognized. its actual existence before the
declaration of its nullity is an operative fact and should be recognized.

The doctrine can be involved only by those who relied in good faith on the
law or executive order. Those who acted in bad faith or with gross
negligence or were directly responsible for the illegal act cannot invoke it.

2. Exceptions

a. A corporation to which the taxes imposed were given as capital

contn'bution to make it viable must refund the payment to avoid unjust
enn‘chment.
The operative fact doctn'ne applies only to laws and executive
issuances. it does not apply to administrative practices.
Acts done after an executive issuance had been declared
unconstitutional are not protected by the operative fact doctn‘ne.
Although the Constitution provided that the local taxes shall accrue
exclusively to the local governments and a law provided that the
amusement taxes collected should be given the film producers, they
should not be ordered to return the money, because the demands
involved will impose a heavy burden upon them.

CONSTITUTIONAL COMMlSSIONS

A. Safeguards of Independence

The salan'es are fixed by law and cannot be decreased.

The commissions appoint their officials and employee
They enjoy fiscal autonomy
They have the power to promulgate their own mles of procedure
The commissioners are removable by impeachment only.
@995’.‘

52
B. Term of Offices

1. Seven years wrt'hout reappointment

2. Their terms all begin on February 2
3. In case of vacancy, the appointee shall serve only for the unexpired term of the
predecessor
4. Temporary appointment is prohibited
5. lnten‘m appointment

a. It is a permanent appointment.
b. Prohibrtro"n against re appointment does not apply to reappointment because
appointment was not confirmed.
c. Associate commissioner who has sewed for four (4) years and was
appointed chaimran can serve as chairman for 3 years only.

C. Civil Service Commissro'n

A. Scope of Civil Service

1. All branches. subdivisions. instrumentalities and agencies of the

Government, govemment-owned or controlled corporations wrt'h on'ginal
charters are covered by the civil service
2. Govemment corporations organized under the Corporate Code are
excluded.

B. Appointments

1. Appointments should be based on men't detennined by competitive

examination
2. Passing of competitive examination are inapplicable to policy
detennining, pn‘man‘ly confidential and highly technical posrt‘ions

C. Removal

1. No employee can be removed except for cause provided by laws by the

authon‘zed administrative offices.

a. Civil Service Commission

b. Ombudsman
c. Committee under Magna Carta for Public School Teachers

Probationary employees cannot be removed without cause

Employees in unclassified service are protected
Casual employees cannot be removed except for cause
Employees of Red Cross (Torres vs. De Leon, 781 SCRA 110)
weww

D. Prohibition
1. Candidate who lost cannot be appointed to public office within one year
after the election
2. No elective official can be appointed to public office dun'ng his tenure
3. Relatives within third degree cannot be appointed by appointing
authon‘ty except for confidential positions

E. Double compensation

1. Double compensation is prohibited

S3
 2. Pensions are not double compensation

F. Qualrfi'cation

1. The Civil Service Commission must approve appointments if the

appointee met the requirements for appointing
2. Laws imposing additional qualification must be prospective

G. Prohibrt'ion

1. Engaging in partisan politics

2. Staging a strike

COMMISSION ON ELECTIONS

A. Qualrf'ications of Commissioners
8. Powers

1. Enforcement of election laws

2. Conduct of plebiscites
3. Determination of legitimate officer of political parties

a. This applies to questions as to who is entitled to nominate

candidates
b. The Commission on Elections cannot review removal of officer of
political party

4. Power to deputize government agencies

a. Deputation of prosecutors
b. Power to revoke deputation

COMMISSION ON AUDIT

The Commission on Audit cannot decide unliquidated claims.

A claim which can easily computed by inspection of documents is liquidated.
The Commission on Audit can audit pn'vate corporation which received public
om?

funds.
The Commission on Audit can disallow excessive expenses
The Commission on Audit can require government instrumentalities to obtain its
mp

written consent before hiring private lawyers.

Courts should not execute money judgments against government entities. A claim
m

must be filed with the Commission on Audit, because it has jun‘sdiction to audit the
claims. (University of the Philippines vs. Dizon. 679 SCRA 24.)

LOCAL GOVERNMENT

1. Power of Supervision

a. The President has the power of supervision over local governments, the
power to oversee local government officials to see to it that they are
performing their duties.
b. The office of the President can investigate local government officials for
malfeasance.
c. The Secretary of Justice can review the validity of tax ordinances of local
govemment unit.

54
 d. The. Secretary of Budget and Management cannot regulate the allowances
Wthh the law authon'zes them to grant national officials assigned to their
tem'tone's. except auditors.

2. Terms of Office Elective Local Officials

8. Duration

Three years

b. Limitation

Three successive terms

c. Application

In computing the three terms limit. a term which was not served in
full should not be counted.

(1) Succession by death of the predecessor

(2) Ouster because of loss in an election protest
(3) Winning in a recall elections

d. lnapplicability

i. Voluntary renunciation by running for another office and winning

ii. Preventive suspension
iii. Loss in election protest was decided after full service of term
iv. Conversion of municipality to city
v. Succession by councilor to vice-mayor, who died, and deciced to run
again for councilor.

ACCOUNTABILITY

A. Impeachment

1. lmpeachable Officer

a. President
b. Vice President
c. Justices of Supreme Court
d. Members of Constitutional Commission
e. Ombudsman

2. Grounds

a. Treason
b. Bn’bery
c. Graft and Corruption
d. Other high crimes
e. Betrayal of public trust

3. Procedure

a. lntt‘iatio'n by House of Representatives

i. Ven‘fied complaint by a congressman

55
 ii. Ven'fied complaint by Filipino citizen endorsed by
Congressman
iii. Ven'fied complaint of at least one-third by Congressman

b. Prohibition against second impeachment within a year after initiation of

first impeachment. the pen'od the complaint was referred to the
Committee on Justice.

c. Effects of Conviction

i. Removal from office

ii. Disqualification to hold any office
iii. Amenability to criminal prosecution

B. Office of the Ombudsman

1. Powers

a. Investigation and prosecution of crimes within the jun'sdiction of the

Sandiganbayan
b. Investigation and prosecution of pubic offices who amassed ill-gotten
wealth
c. Granting immunity from prosecution to witnesses necessary for
cn'minal prosecution
d. Disciplinary authon’ty

i. All elective and appointive officials, including cabinet

members, local govemment-owned or controlled
corporation
li. Exception

Officers removable by impeachment

Members of Congress
Members of the Judiciary
Officers and employees of government
page

corporations organized under the Corporation

Code

C. Judicial Review

i. Supreme Court in case of resolution for filing criminal cases

ii. Court of Appeals in case of decision in disciplinary proceedings.

NATIONAL ECONOMY AND PATRIMONY

A. Regalian Doctn'ne

1. All natural resources are owned by the State

2. Nationalization requirements
a. Exploration, development and utilization of natural resources shall be
under the full control and supervision of the State and may be
undertaken through co-production. joint venture, or production-shan'ng
agreements, with Filipino citizen or corporation with at least 60% of their
capital owned by Filipino citizen

56
 b. The President may enter it technical oi linunclai agreements for large
scale exploration. development and tllIIIl.'ttIlt)ll of minerals, petroleum.
and other mineral ells

8. Public Utilities

1. Only Filipino citizens or corporations or associations organized under

Philippine laws with at least 60% of their capital is owned by Filipan citizen can
be granted authorization to operate public utilities. least 60% of the voting
shares must be owned by Filipino citizens.
2. Foreign corporations may own the equipment being used by public utilities
3. A foreign corporation may refine imported oil for itself. because it is not a public
utility
4. A shipyard is not a public utility.

C. Ownership of Public and Pn’vate Lands

1. Only Filipino citizens can acquire public land.

2. The foreign spouses of a Filipino citizens cannot be co-owners of private land
acquired by the Filipino citizen
3. A natural-bom Filipino citizen who became a naturalized foreign citizen can
acquire pubic land
4. A Filipino citizen who sold private land to a foreign can recover the land unless
the buyer has become a Filipino citizen or resold it to a Filipino citizen.
5. A former natural—bom Filipino can acquire private land by hereditary succession

D. Regulation of Business

1. Qualified Filipinos shall be preferred in the grant of rights, privileges and

concessions covering the national economy and patrimony
2. The state shall regulate or prohibit monopolies when public interest so requires.
3. No combination in restraint of trade or unfair competition shall be allowed.

SOCIAL JUSTICE AND HUMAN RIGHTS

A. Social Justice

1. Enactment of labor laws. agrarian laws and housing rental laws

2. Protection for low-cost housing
3. Health Service

B. Powers of Commission on Human Rights

1. it may investigate violations of human n'ghts but cannot decide the case.
2. it cannot issue writs of preliminary injunction but should apply to the courts
3. it may grant immunity to witnesses.

ACADEMIC FREEDOM

1. Academic freedom includes the fight of schools to determine who may teach,
who may be taught, how it shall be taught, and who may be admitted as student
2. A state university may rehire a faculty member who went on leave without pay
for more than a year because of its fight to determine who may teach.

S7
 3. A school cannot be compelled to re-admit a student who failed to meet its
academic requirements
4. A school cannot be compelled to re-admit a student who committed sen’ous
breach of disciplinary regulation
5. The staff member of the campus newspaper who published obscenities in it
may be dismissed.
6. A student in the Philippine Military Academy who violated the honor code by
lying that he came late for class. because the instructor of the previous class
dismissed the class late cannot ask for reinstatement
7. A student who did not meet the requirements for graduating with honors cannot
compel the school to confer graduation honors upon her
8. A school can revoke the degree conferred upon a student who plagian‘zed his
thesis
9. A school cannot refuse to re-enroll a student forjoining in mass actions
10.A teacher cannot be dismissed for adopting the tutorial method of teaching.
11 .A school cannot dismiss a faculty member without due process.
12.A school cannot be compelled to remain open it is wishes to close.

STATE IMMUNITY FROM SUIT

Suits against the State

. A judgment will result in financial liability of the State. (Shauf vs. Court of Appeals,
191 SCRA 799.)
An action involves property in which the state claims an interest, such as
ownership or possession. (Republic vs. Feliciano, 148 SCRA 424.)
The judgment will interfere with public administration or result in compelling or
prohibiting performance of an act belonging to the State in its sovereign capacity.
The act will interfere with defense. (Baer vs. Tizon, 57 SCRA 1.)

Suits against Public Officers

A surt' against a public officer who acted in behalf of the government within the
scope of his authon‘ty is a suit against the state.
a. Officers of the Bureau of Forestry seized illegally cut timber.
b. Public officers arrested and prosecuted a person dealing in prohibited
drugs.
A suit against a public officer who acted illegally in the performance of his duty is
not a suit against the state.
a. A public officer violated human n'ghts. (Aberca vs. Ver, 160 SCRA 590.)
b. A suit to enjoin the enforcement of an unconstitutional law is not a surt'
against the state. (Sanders vs. Veridiano ll. 162 SCRA 88.)
c. A petition for mandamus can be filed against a public officer who fails to
comply with a ministerial duty.

Express Waiver of Immunity

Only Congress can give a when waiver of immunity from suit in the form of a law.
(United States vs. Guinto, 182 SCRA 644.)

The waiver applies to all kinds of causes of action.

Implied Waiver
if a government agency is perfon'ning a proprietary functions, it can be sued.
—I

A government corporation operating a hotel is performing propn'etary functions.

(Manila Hotel Employees Association vs. Manila Hotel Company, 13 Phil. 374.)

58
2. if a government agency is being operated for profit. it is performing a proprietary \
function.

The operation of a commissary is a ministerial function.

3. When the Philippine Tourism Authority entered into a contract for the construction
of a golf course. it engaged in a propn‘etary activity. (Philippine Tourism Authority
vs. Philippine Golf & Equipment, lnc., 668 SCRA 408.)

E. incidental Proprietary Function

if the performance of a proprietary function is incidental to a governmental function,

the govemment cannot be sued.

Since the collection of customs duties is a governmental function, the operation by

the Bureau of Customs of the arrastre service is incidental to it. The Bureau of
Customs cannot be held liable for damages. (Mobil Philippines Exploration, Inc.
vs. Customs Arrastre Service. 18 SCRA 1120.)

F. Contract
. The State can be sued in the case of contracts connected with commercial
——L

activities. (Traders Royal Bank vs. Intermediate Appellate Court. 192 SCRA 305.)
2. A contract connected with repair of a military base involves a sovereign function.
(United States vs. Ruiz, 136 SCRA 481.)

If a public officer falls to comply with a ministerial obligation imposed by law. the
party in whose favor the obligation was constituted may file a petition for
mandamus against him. (Sanders vs. Ven‘diano ii, 162 SCRA 88.)

3. Express Waiver of Immunity from Suit

The express waiver of immunity from suit can be given only by Congress in the
form of a law. (Republic vs. Feliciano, 148 SCRA 424.)

The recommendation of the committee created to investigate the violent dispersal

of a rally that the heirs of the deceased victims be indemnified cannot serve as
basis for a suit against the State. (Republic vs. Sandoval. 220 SCRA 124.)

When the waiver was made without qualification. it applies to all kinds of causes
of action. including quasi-delicts. (Social Security System vs. Court of Appeals.
120 SCRA 707.)

4. Implied Waiver
a. Performance of Proprietary Functions
When the State engages in business. it becomes subject to the rules governing
pn'vate business enterpn'ses and becomes amenable to suit. (Civil Aeronautics
Administration vs. Court of Appeals. 167 SCRA 28.)

b. Institution of Lawsuit
When the State takes the initiative in filing a case, it descends to the level of a
private individual and it throws itself open to a counterclaim. (Act No. 3083,
Section 5). However, only compulsory counterclaims are permitted. Permissive
counterclaims are not allowed, because the consent of the State to litigate is
limited to the subject of its complaint.

if the State intervened in a case merely to join the defendant in resisting the
claims of the plaintiff and did not ask for any affirmative relief, no counterclaim

59
 can be filed against it, because it did not waive its immunity from suit. (Lim vs.
Brownell. 107 Phil. 344.)

c. Contracts Connected with Sovereign Functions

A suit to enjoin the award of a contract for flood control project on the ground
that the award was illegal cannot be pursued even in the exercise of proprietary
functions incidental to a governmental functions. (Republic vs. Nolasco, 457
SCRA 4100.)
The same holds true for a bidding for repairs of a military base. (United States
vs. Ruiz, 136 SCRA 487.)

d. Proprietary Function Incidental to Government Functions

If the performance of a proprietary function is merely incidental to a
governmental function. the government agency remains immune from suit.
Although the performance of arrastre services was a proprietary function, when
the Bureau of Customs was operating them. it could not be held liable for loss
of goods. It was incidental to the function of collecting tariff and customs duties.
(Mobil Philippines Exploration. Inc. vs. Customs Arrastre Service, 18 SCRA
1120.)

. institution of Suit
G)

When the State files a case, it descends to the level of a pn‘vate individual and
throws itself open to a counterclaim. (Froilan vs. Pan Oriental Shipping Company,
95 Phil. 905.)

1. Only compulsory counterclaims can be filed.

2. Permissive counterclaims cannot be filed. because the waiver of immunity is
limited to the subject of the complaint.

H. Expropn'ation
if the govemment expropn'ates property without paying just compensation, it may
be sued. (Section 9, Article III of Constitution)

I. Justice and Equity

Where a government entity asked a construction to which a project after the funds
ran out and understood to pay and the contractor agreed, the contractor can sue
in case of non-payment. (EPG Construction Company vs. Vigilar, 354 SCRA 566.)

MODES 0F AMENDMENTS AND REVISIONS

1. Congress by three-fourths vote of all its members

2. Constitutional Convention
a. A constitutional c0nvention may be called by two-thirds vote of all members
of Congress
b. Congress may by majority vote of all its members submit to the electorate
the calling of a constitutional convention. (Article XVII, Section 1)
3. The people may directly propose amendments through initiative upon petition
of at least 12% of the total number of registered voters.
a. At least 3% of the registered voters of every legislative distn‘ct must vote for
the initiative. (Article XVII, Section 2)
b. The people can propose amendments only and not revisions:
i. Revision means alteration of basic principles of the Constitution like
separation of powers and checks and balance.
ii. Shifting from presidential to parliamentary government and from
bicameral to unicameral legislative are revisions.

60
 c. The full text of the proposed amendments must be embodied In the petition.
d. The required number of must people sign the proposal. (Lamblno vs.
Commis'sw'n on Elections, 503 SCRA 160.)
4. The House of Representatives and the Senate must vote separately. This is
inherent in a bica'meral legislature. (Mardo v. Miller. 2 SCRA 498.)

My

61