1 DLSU LCBO Political and International PDF

DE LA SALLE UNIVERSITY COLLEGE OF LAW
Lasallian Commission on Bar Operations 2018
POLITICAL AND INTERNATIONAL LAW

Animo Notes Pre-Week Reviewer
Chel Sy Tet Valeza Borgy Gavina
LCBO Chairperson Academic Affairs Political and International
Chairperson Law Chairperson
Nico Garcia
LCBO Vice Chair for AA Payad Iris Yap
Internals Academic Affairs Deputy Political and International
Chairperson Law Deputy Chairperson
Steph Griar
LCBO Vice Chair for Rod Zantua Nolan Domingo
Externals Academic Affairs Deputy Constitutional Law I Subject
Chairperson Head
Pat Costales
LCBO Executive Secretary Martin Villadolid
Constitutional Law II
Subject Head
Jesse Solis
Law on Administrative
Agencies and Election Law
Subject Head
Dianne Uy
Sam Loyola
Law on Local Governments
Subject Heads
Cha De Vera
Public International Law
Subject Head
THE PHILIPPINE CONSTITUTION
Q: Define a Constitution.
A: It is a body of rules and maxims in accordance with which the powers of sovereignty are habitually
exercised. (Cooley, Constitutional Limitations, p. 4)
It is a written instrument enacted by direct action of the people by which the fundamental powers of the
government are established, limited, and defined, and by which those powers are distributed among the
several departments for their safe and useful exercise for the benefit of the body politic. (Malcom Philippine
Constitutional Law)
Q: What are the modes of amendment of the Constitution?

A: There are three modes of amendment of the Constitution:
(1) Through Constituent Assembly, that is the Congress upon a vote of three-fourths of all its
members.
(2) Through Constitutional Convention.
(3) By the people through initiative upon a petition of at least twelve per centum of the total number
of registered voters, of which every legislative district must be represented by at least three per
centum of the registered voters therein (Sections 1 and 2, Art. XVII).
Q: What are the modes of revision of the Constitution?

A: There are two modes of revision of the Constitution:
(1) Through Constituent Assembly, that is the Congress upon a vote of three-fourths of all its
members.
(2) Through Constitutional Convention (Sec. 1, Art. XVII).
Q: Distinguish an amendment from a revision.

A:
Amendment Revision
An addition or change within the lines of the A change that alters a basic principle in the
original constitution as will affect an improvement, constitution, such as altering the principle of
or better carry out the purpose for which it was separation of powers or the system of checks-and-
framed; a change that adds, reduces or deletes balances; alters the substantial entirety of the
without altering the basic principles involved; constitution, as when the change affects substantial
affects only the specific provision being amended. provisions of the constitution.
(Lambino v. COMELEC, 2006)
Q: What are two tests to determine if the change is an amendment or a revision?

A:
(1) Quantitative test - The Court examines only the number of provisions affected and does not
consider the degree of the change.
(2) Qualitative test – The Court looks into the qualitative effects of the proposed change in the
constitution. The main inquiry is whether the change will “accomplish such far reaching changes
in the nature of our basic governmental plan as to amount to revision.” The changes include those
to the “fundamental framework or the fundamental powers of its branches,” and those that
“jeopardize the traditional form of government and the system of check and balances.” Whether
there is an alteration in the structure of government is a proper subject of inquiry.
Political and International Law 3

Animo Notes 2018
GENERAL CONSIDERATIONS
Q: What is the composition of the national territory?
A: Under Art. I, Sec. 1, the national territory is composed of:
(a) The Philippine archipelago;
(b) All other territories over which the Philippines has sovereignty or jurisdiction; and
(c) The territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas
corresponding to (a) and (b).
(d) Moreover, (a) and (b) consists of: terrestrial, fluvial, and aerial domains.
Q: Explain the Archipelagic Doctrine.

A: The waters around between and connecting the islands of the archipelago shall be considered as part of
the internal waters of the state irrespective of their breadth and dimensions.
Q: What does an Archipelagic State consist of?

A: An Archipelagic state consists of a group of islands which forming a state as a single unit, with
interconnecting waters and other natural features which are so closely interrelated that such islands, waters
and other natural features form an intrinsic geographical, economic and political entity, or which
historically have been regarded as such. (Art. 46, UNCLOS)
Q: What is the principle of auto-limitation?

A: A State may, by its express or implied consent, submit to a restriction of its sovereign rights. There may
thus be a curtailment of what otherwise is a power plenary in character. (Reagan v. CIR, 1969)
Q: Can crimes committed in a foreign embassy in the Philippines be prosecuted under Philippine
criminal law?
A: Yes. A crime committed on or within such premises by a private person who enjoys no diplomatic
immunity falls within the jurisdiction of the Philippine courts. While the premises of a diplomatic mission
shall be inviolable and may not be entered by the police or by any other agent of the receiving State, except
with the consent of the Ambassador or the head of the mission, but it does not alter the fact that such
premises are still part of Philippine territory. The concept of “extraterritoriality”, under which diplomatic
premises are deemed to be part of the sovereign territory of the sending State, has not been adopted in the
Vienna Convention.
Q: What is the Doctrine of State Immunity from suit?

A: The Constitution declares that the State may not be sued without its consent. This provision is merely a
recognition of the sovereign character of the State and an express affirmation of the unwritten rule
insulating it from the jurisdiction of the courts of justice (Cruz, Philippine Political Law, 1993: 29). The
doctrine is also called as the “royal prerogative of dishonesty”.
Q: When is a suit against the State?

A: A suit is against the state in the following cases:
(1) The judgment will result in financial liability upon the State;
(2) The action involves property in which the State claims interest, such as ownership or possession;
(3) The decision will interfere with public administration or compel or prohibit performance of a
political act;
(4) A suit against a public officer who acted in behalf of the government and within the scope of his
authority.
Q: How is consent of the State obtained?

A: The consent of the State to be sued may be given expressly or impliedly. There is an express consent
when there is a law expressly granting authority to sue the State or any of its agencies.

Animo Notes 2018
There is implied consent when:
(1) The State enters into a private contract, unless the contract is merely incidental to the performance
of a governmental function (Santos v. Santos, 1952);
(2) The State enters into an operation that is essentially a business operation, unless the business
operation is merely incidental to the performance of a governmental function, as for instance,
arrastre service. (Mobil Philippines v. Customs Arrastre Service, 1966); and
(3) The State sues a private party, unless the suit is instituted only to resist a claim. (Lim v. Brownell,
1960)
Q: When is the Doctrine of State Immunity not applicable?

A: The doctrine of immunity from suit will not apply and may not be invoked where the public official is
being sued in his (1) private and personal capacity as an ordinary citizen; or (2) ultra vires acts, or those
without authority or in excess of the powers vested in him. (Lansang vs CA, 2000)
Q: What is the Doctrine of Sovereign Dishonesty?

A: It is when a party has a valid claim against the Government, the latter evades such responsibility, the
Court will pierce its cloak to rule favorably towards the claimant. If it would lead to a nonchalant
responsibility on the part of the Government, the Court will rule favorably for the party who was damaged
or whose rights were infringed. Further, it is a way by which the State evades liability.
Q: The government owns a piece of land. A private person who claims to have a Spanish Title over the
property sues the government. Will the case prosper?
A: No, the Government will be deprived of its own inherent right over the property. The doctrine of non-
suitability of the State has proper application in this case. The complaint is clearly a suit against the State,
which under settled jurisprudence is not permitted, except upon a showing that the State has consented to
be sued, either expressly or by implication through the use of statutory language too plain to be
misinterpreted. There is no such showing in the instant case. Worse, the complaint itself fails to allege the
existence of such consent. (Republic v. Feliciano, 1987)
Q: A person was engaged in logging in the forest area of Subic. Government officials from the DENR
stopped him. They confiscated the equipment and the materials. Who will win? Was it an official act
behalf on the government?
A: The government will win. The government has an inherent right over the area. An act done by the
government official in which was done legally is covered by the Immunity from Suit Doctrine. The act done
by the officer was an act of self-defense on the part of the Government.
Q: Explain the doctrine of separation of powers and the principle of checks and balances.
A: The government established by the Constitution follows fundamentally the theory of separation of
powers into the legislative, the executive and the judicial. Each branch performs duties vested in it by the
Constitution.
The principle of checks and balances ensures that there is harmony among the three branches by allowing
each branch to exercise the power to examine if there is an encroachment of the functions of each respective
branch.
The principle allows one department to resist encroachments upon its prerogatives or to rectify mistakes
or excesses committed by the other departments
Q: What are the two tests for the valid delegation of powers?
A:

Animo Notes 2018
(1) Completeness test: The law sets forth the policy to be executed, carried out, or implemented by the
delegate such that there is nothing left for the delegate to do but to enforce the law;
(2) Sufficient standard test: The standard is sufficient if it defines legislative policy, marks its limits,
maps out its boundaries and specifies the public agency to apply it. It indicates the circumstances
under which the legislative command is to be affected.
General Rule: The power delegated cannot further be delegated.
Exceptions:
(1) Delegation to the people at large (Sec. 10, Art. X, RA 6753);
(2) Emergency powers of the President (Sec. 23(2), Art. VI, Constitution);
(3) Tariff powers of the President (Sec. 28(2), Art. VI, Constitution);
(4) Delegation to administrative bodies; and
(5) Delegation to Local Government Units.
Q: Distinguish a de jure government from a de facto government.

A:
De Jure Government De Facto Government
A de jure government has rightful title, but without A de facto government exercises power or control,
power or control to enforce such title but without legal title
Q: Distinguish federalism and unitary government.

A:
Unitary Government Federal Government
A single, centralized government, exercising Consists of autonomous state (local) government
powers over both the internal and external affairs units merged into a single State, with the national
of the State. government exercising a limited degree of power
over the domestic affairs but generally full
direction of the external affairs of the State.
(Nachura, p. 34)
LEGISLATIVE DEPARTMENT
Q: Explain the concept of legislative power.
A: It is the power to propose, enact, amend, and repeal laws, except to the extent reserved to the people
by the provision in initiative and referendum. (Sec. 1, Art. VI, Constitution)
Q: What is the Doctrine of Necessary Implication?

A: Every statute is understood by implication to contain all such provisions as may be necessary to
effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it
grants, including such collateral and subsidiary consequences as may be fairly and logically inferred from
its terms.
Q: Who may exercise Legislative Power?

A:
(1) Congress. Legislative power is vested in Congress, which consists of a Senate and a House of
Representatives. (Sec. 1, Art. VI, Constitution)
(2) Local legislative bodies. Local legislative power is vested in the Sangguniang Panlalawigan for the
province; the Sangguniang Panlungsod for the city; the Sangguniang Bayan for the municipality; and
the Sangguniang Barangay for the barangay. (Sec. 48, LGC)

Animo Notes 2018
(3) People’s initiatives on statutes. Legislative power is reserved to the people by the provision on
initiative and referendum. (Sec. 1, Art. VI, Constitution)
(4) Emergency legislative power of the President. (Sec. 23, Art. VI, Constitution)
Through initiative and referendum, the people can directly propose and enact laws, approve or reject any
act or law or part thereof passed by the Congress or local legislative body after the registration of a petition
therefor signed by at least 10% of the total number of registered voters, of which every legislative district
must be represented by at least three per centum (3%) of the registered voters thereof. (Sec. 32, Art. VI,
Constitution)
The people may directly propose amendments to the Constitution through initiative upon a petition of at
least twelve per centum (12%) of the total number of registered voters, of which every legislative district
must be represented by at least three per centum (3%) of the registered voters therein. (Sec. 16, Art. XIII,
Constitution)
Q: Distinguish an initiative from a referendum.

A:
Initiative Referendum
Power of the people to propose amendments to the Power of the electorate to approve or reject a
Constitution or to propose and enact legislation legislation through an election called for the
through an election called for the purpose. purpose.
Q: What are the elements of a valid petition for people’s initiative?

A:
(1) At least 12% of the registered voters, of which every legislative district must be represented by at
least 3% of the registered voters in it, should directly sign the entire proposal; and
(2) The draft of the proposed amendment must be embodied in the petition. (Lambino v. COMELEC,
2006)
Q: What is the composition and qualifications of the Senate and the House of Representatives?
A:
Senate House of Representatives
Provisions Art. VI, Sec. 2-4 Art. VI, Sec. 5-8
Not more than 250 members, unless
otherwise provided by law, consisting
Composition 24 Senators elected at large of:
1. District Representatives
2. Party-list Representatives
1. Natural-born citizen;
1. Natural-born citizen;
2. At least 25 years old on the day of the
2. At least 35 years old on the day of
election;
the election;
3. Able to read and write;
3. Able to read and write;
Qualifications 4. Registered voter in the district he
4. A registered voter; and
seeks to represent; and
5. Resident of the Philippine for at
5. A resident of the said district for at
least two (2) years immediately
least one (1) year immediately
preceding the day of the election.
preceding the day of election.
Term of Office Six (6) years Three (3) years
Term Limits Two (2) consecutive terms Three (3) consecutive terms
Q: Explain the rules of apportionment of legislative districts?

A:

Animo Notes 2018
(1) Apportionment of legislative districts must be by law which could be through a:
a. General Apportionment Law; or
b. Special Law
(2) Proportional representation based on number of inhabitants:
a. Each city with a population of at least 250,000 shall have at least one representative.
b. Each province, irrespective of the number of inhabitants, shall have at least one
representative.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent
territory
(4) Re-apportionment by Congress within three years after the return of each census
Q: The ARMM was authorized through its organic acts to create provinces within its jurisdiction. Such
power is not expressly prohibited in the Constitution. Can the ARMM exercise such power?
A: No, the creation of a province leads to a creation of a new legislative district, and a new legislative
district gives rise to a national office through a congressman. It then ripens into a legal issue where a
mere local body creates a national office.
Q: Malolos public officials projected that it would reach a population of 250,000 by the year 2010 and
would create a new legislative district. In anticipation, a law was passed creating a new legislative
district. Is the law valid?
A: No, because for such projections to be validly relied upon, they must first be certified by duly
authorized officials.
Q: Is a plebiscite necessary for the creation of a new legislative district in the same city?
A: No, a plebiscite is only needed for the creation of a new local government unit.
Q: Explain the party-list system.

A: The party-list system is a mechanism of proportional representation in the election of representatives to
the House of Representatives from national, regional and sectoral parties or organizations or coalitions
thereof registered with the Commission on Elections (COMELEC). (Sec. 3(a), Rep. Act No. 7941)
Party-List Representatives shall constitute 20% of the total number of representatives, elected through a
party-list system of registered national, regional, and sectoral parties or organizations.
Three different parties or organizations may participate in the party-list system:

(1) National;
(2) Regional; or
(3) Sectoral
Q: What are the limitations to party-list representation?

A:
(1) Only 20% of the total number of the membership of the House of Representatives is the maximum
number of seats available to party-list organizations.
(2) A party list must garner at least 2% of the total votes cast in the party-list elections to be ensured
of one (1) seat.
(3) The additional seats of the remaining seats after allocation of the guaranteed seats shall be
distributed to the party-list organizations including those that received less than two percent of the
total votes.
(4) Each party list can only have a maximum of three seats immaterial of the number of votes garnered.
Q: What are the legislative inhibitions and disqualifications for members of Congress?
A:

Animo Notes 2018
(1) May not hold any other office or employment in the government during his term without forfeiting
his seat. (Art. VI, Sec. 13) The provision refers to an incompatible office. Forfeiture of the seat in
Congress shall be automatic upon the member’s assumption of such office deemed incompatible.
(2) May not be appointed to any office created or whose emoluments were increased during the term
for which he was elected. (Art. VI, Sec. 13) The provision refers to a forbidden office. He cannot
validly take the office even if he is willing to give up his seat.
(3) Shall not be financially interested, directly or indirectly, in any contract with, or franchise or special
privilege granted by the government during his term of office. (Art. VI, Sec. 14)
(4) Shall not intervene in any matter before any office of the government when it is for his pecuniary
benefit or where he may be called upon to act on account of his office. (Art. VI, Sec. 14)
(5) Cannot personally appear as counsel before any court, electoral tribunal, quasi-judicial and
administrative bodies during his term of office. (Art. VI, Sec. 14)
Q: What is an incompatible office?

A: An office which a member of Congress cannot acquire without forfeiting his seat.
Q: What is a forbidden office?

A: One which a member of Congress could not have even if he is willing to give up his seat in Congress.
Q: An incumbent senator was elected as the Chairman of the Philippine National Red Cross. He was
asked to vacate his seat as Senator. Is the contention correct?
A: No. An incumbent Senator may be elected Chairman of the Philippine National Red Cross without
forfeiting his seat in the Senate because it is not a private corporation within the contemplation of Sec. 14,
Art. XII of the Constitution. It is a sui generis corporation. Its function is to assist the state in complying with
its obligations under the Geneva Convention. (Liban v. Gordon, 2011)
Q: What constitutes a quorum?

A: The majority of each House shall constitute a quorum. In computing a quorum, members who are
outside the country are not included.
“Majority” refers to the number of members within the “jurisdiction” of the Congress. There is a difference
between a majority of “all members of the House” and a majority of “the House”, the latter requires less
number than the former. Therefore, an absolute majority of all members of the Senate less one constitutes
constitutional majority of the Senate for the purpose of the quorum. (Avelino v. Cuenco, 1949)
Q: What is the Doctrine of Shifting Majority?

A: For each House of Congress to pass a bill, only the votes of the majority of those present in the session,
there being a quorum, is required.
Exceptions to Doctrine of Shifting Majority:

1. Votes where requirement is based on “ALL THE MEMBERS OF CONGRESS” – requirement is
based on the entire composition of a House of Congress (in its entirety), regardless of the number
of Members present or absent.
Vote Required
Action Houses Voting Basis
(Out of all Members)
Separately (House
Override presidential
2/3 where bill originated Art. VI, Sec. 27(1)
veto
votes first)
Grant of tax
Majority (Silent) Art. VI, Sec. 27(4)
exemptions

Animo Notes 2018
Elect President in case
Majority Separately Art. VII, Sec. 4(5)
of tie
Confirm appointment
Majority Separately Art. VII, Sec. 9
of VP
Revoke or extend (a)
martial law; or (b)
Majority Jointly Art. VII, Sec. 18
suspension of writ of
habeas corpus
Confirm amnesty grant Majority (Silent) Art. VII, Sec. 19
Submit question of
calling a Constitutional
Majority (Silent) Art. XVII, Sec. 3
Convention to the
electorate
Prevailing view: By
Call for Constitutional
2/3 default, houses vote Art. XVII, Sec. 3
Convention
separately because
Propose amendments
Congress is bicameral
as Constituent 3/4 Art. XVII, Sec. 1(1)
Assembly
2. Other Special Cases
Vote Required
Action Houses Voting Basis
(Out of all Members)
Determine President’s
2/3 Separately Art. VII, Sec. 11(4)
disability
Declaring a State of Separately,
2/3 Art. VI, Sec. 23(1)
War but in joint session
Q: How is discipline effected among members of Congress?

A: Each house may punish its members for disorderly behavior, and with the concurrence of 2/3 of ALL
its members, with (1) Suspension (shall not exceed 60 days); or (2) Expulsion
Other disciplinary measures may include:

(1) Deletion from the record of remarks which would bring dishonor to the body
(2) Fine
(3) Imprisonment
(4) Censure
The suspension contemplated in the Constitution is different from the suspension prescribed in the Anti-
Graft and Corrupt Practices Act (RA 3019). The former is punitive in nature while the latter is preventive.
Q: What is Parliamentary Immunity of Speech under the 1987 Constitution?

A: It states that no member shall be questioned nor be held liable in any other place for any speech or debate
in Congress or in any committee thereof, because the performance of the duties of Congress would be
hampered if they would be living always under the fear that they would be prosecuted. (Art. VI, Sec. 11,
Constitution)
Q: To what matters must the Parliamentary Immunity of Speech be related to?

A: Speech or debate made within Congress while it is in session, or duly authorized actions of Congressmen
in the discharge of their duties. (Jimenez v. Cabangbang, 1966)
Q: Explain the principle of freedom from arrest.

Animo Notes 2018
A: A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than
six years imprisonment, be privileged from arrest while the Congress is in session. (Sec. 11, Art. VI,
Constitution)
Q: Can Congress repeal, alter, or supplement rules of procedure before judicial and quasi-judicial
bodies?
A: No, the phrase granting such power to the Legislative has been expressly omitted in the 1987
Constitution. The power to legislate has been limited to substantive law.
Q: What are electoral tribunals?

A: The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the
sole judge of all contests relating to the election, returns, and qualifications of their respective Members.
Each electoral tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the
House of Representatives, as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations registered under the party-list
system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. (Sec. 17, Art.
VI, Constitution)
Q: What are the two types of electoral tribunals?

A:
(1) Senate Electoral Tribunal (SET)
(2) House Electoral Tribunal (HRET)
Q: What is the composition of these electoral tribunals?

A:
(1) Three (3) Supreme Court justices, designated by Chief Justice; Senior Justice in the Electoral
Tribunal shall be its Chairman
(2) Six (6) members of the Senate or House, as the case may be, chosen on the basis of proportional
representation from parties
Q: When will an electoral tribunal acquire jurisdiction over a public official?

A: Upon his assumption to the office.
Q: What are the rules governing the composition of the electoral tribunals?
A:
(1) The SET and the HRET shall be constituted within 30 days after the Senate and the House shall
have been organized with the election of the President and the Speaker.
(2) Members chosen enjoy security of tenure and cannot be removed by mere change of party
affiliation. (Bondoc v. Pineda, 201 SCRA 793).
Q: What is the scope of jurisdiction of the electoral tribunals?

A: The tribunal shall act as the sole judge of all contests relating to the election, returns, and qualifications
of their respective members.
Q: When does jurisdiction commence?

A: The electoral tribunal acquires jurisdiction only after:
(1) A petition is filed before it, and
(2) A candidate is already considered a member of the House. (Ongsiako-Reyes v. COMELEC, 2013)
Q: How does a person become a member of an electoral tribunal?

A: To be considered a member, in turn, there must be a concurrence of the following:

Animo Notes 2018
(1) A valid proclamation;
(2) A proper oath (a) before the Speaker and (b) in open session; and
(3) Assumption of office.
The Constitution mandates that the HRET “shall be the sole judge of all contests relating to the election,
returns and qualifications” of its members. By employing the word “sole,” the Constitution is emphatic
that the jurisdiction of the HRET in the adjudication of election contests involving its members is exclusive
and exhaustive. Its exercise of power is intended to be its own — full, complete and unimpaired. (Duenas
Jr. v. HRET, 2009)
Q: What is the composition of the Commission on Appointments?

A: The Commission on Appointments is composed of:
(1) Senate President as ex-officio chairman (shall not vote except in case of a tie)
(2) 12 Senators
(3) 12 Members of the HOR
The provision of Section 18 on proportional representation is mandatory in character and does not leave
any discretion to the majority party in the Senate to disobey or disregard the rule on proportional
representation.
By requiring a proportional representation in the Commission on Appointments, Section 18 in effect works

as a check on the majority party in the Senate and helps to maintain the balance of power. No party can
claim more than what it is entitled to under such rule. (Guingona v. Gonzales, 1993)
Q: What is the jurisdiction of the Commission on Appointments?

A: The Commission on Appointments shall confirm the appointments made by the President with respect
to the following positions:
(1) Heads of Executive departments (except if it is the Vice-President who is appointed to a cabinet
position, as this needs no confirmation);
(2) Ambassadors, other public ministers or consuls;
(3) Officers of the AFP from the rank of Colonel or Naval Captain;
(4) Other officers whose appointments are vested in him by the Constitution
Q: What are the powers of the Commission on Appointments?

A: The Commission shall act on all appointments submitted to it within thirty (30) session days of Congress
from their submission. The Commission shall rule by a majority vote of its members. The Commission shall
meet only while Congress is in session, at the call of its Chairman or a majority of all its members. (Sarmiento
v. Mison, 1987)
The Commission on Appointments is independent of the two Houses of Congress; its employees are not,
technically, employees of Congress. It has the power to promulgate its own rules of proceedings. (Pacete v.
Commission on Appointments, 1971)
Q: Explain the power of inquiry in aid of legislation.

A: The power of inquiry is an essential and appropriate auxiliary to the legislative function. A legislative
body cannot legislate wisely or effectively in the absence of information respecting the conditions which
the legislation is intended to affect or change; and where the legislative body does not itself possess the
requisite information recourse must be had to others who do possess it. (Arnault v. Nazareno, 1950)
Q: Can Congress still investigate if the case being investigated ‘in aid of legislation’ is one that is
pending in a court of justice?

Animo Notes 2018
A: Yes. The Court has abandoned the old Blue Ribbon case, which held that if the case is pending in Court,
Congress can no longer investigate. If it is pending in Court, it can still be the subject of investigation. The
investigation has a different purpose in Court. In Court, the hearing is conducted to know if this person is
guilty and should be convicted. The purpose of the investigation is to find out whether they need to pass a
law to address a problem and what should be the nature of that law. The question must be relevant to the
subject matter of the investigation. (Romulo v. Neri, 2008)
Q: What is a bicameral conference committee?

A: It is a committee composed of members from each house which is formed to settle, reconcile or thresh
out differences on any provision of the bill.
Q: What is the function of the bicameral conference committee?

A: The bicameral conference committee makes recommendations to the houses on how to reconcile
conflicting provisions/versions between the bills.
Q: Is the bicameral conference committee a body created by the Constitution?

A: No provision on the Constitution mentions the committee, it exists out of necessity and convenience.
Q: What are the limitations on legislative power?

A:
Procedural/Formal Limitations Express Substantive Implied Substantive
Limitations Limitations
(1) Rider clause: every bill (1) Exercise of general (1) No power to pass
passed by the Congress powers of the state - Bill irrepealable law
shall embrace only one of Rights [Art. III] (2) Non-encroachment on
subject which shall be (2) Limitations on the powers of other
expressed in the title. power of taxation [Secs. departments
(Art. VI, Sec. 26(1)) 28 and 29(3), Art. VII] (3) Non-delegation of
(2) No bill passed by either (3) Requisites to pass an powers
house shall become law appropriation bill [Secs.
unless it has passed 25 and 29(1) and (2), Art
three readings on VI]
separate days. (Art. VI, (4) Limitation on the
Sec. 26(2)) appellate jurisdiction of
(3) Printed copies in its final the SC [Sec. 30, Art. VI]
form must have been (5) No law granting title of
distributed to its royalty or nobility shall
members three days be passed [Sec. 31, Art.
before the passage of the VI]
bill. (Art. VI, Sec. 26[2])
Exception: President certifies to

the necessity of its immediate
enactment to meet a public
calamity or emergency.
Presidential certification
dispenses with the (1) printing
requirement; and (2) requiring
the submission of the proposed

Animo Notes 2018
bill to three readings on separate
days.
Q: What are the limitations on revenue, appropriations, and tariff measures?

A:
(1) Appropriations must be for a public purpose.
(2) The appropriation must be by law.
(3) Cannot appropriate public funds or property, directly or indirectly, in favor of
a. Any sect, church, denomination, or sectarian institution or system of religion or
b. Any priest, preacher, minister, or other religious teacher or dignitary as such.
Exception: If the priest etc. is assigned to:
i. The Armed Forces;
ii. Any penal institution;
iii. Government orphanage;
iv. Leprosarium.
(4) Government is not prohibited from appropriating money for a valid secular purpose, even if it
incidentally benefits a religion.
Q: The GSIS charter provides for its tax-exempt status and that any change in such status must be
through an express provision of law. The Local Government Code was passed lifting the tax-exempt
status of GOCCs. The city of Davao then assessed GSIS for real property tax, but the latter contested
saying that there was no express revocation of their status. Resolve.
A: The city of Davao is correct. To adhere to GSIS’s interpretation of its charter is in the nature of an
irrepealable law by putting limitations on the power of Congress to repeal the law; Congress by itself
cannot limit its own powers or that of its successors.
Q: Is a provision in the organic law for Muslim Mindanao providing “that a 2/3 vote by all member of
both Houses of Congress must be obtained to repeal or amend any of its provisions” valid?
A: No, because such voting requirement is not enshrined in the Constitution and directly curtails the power
of Congress to enact and repeal laws.
Q: To what extent may Congress allow a transfer of funds?

A: No law shall be passed authorizing any transfer of appropriations; however, the President, the President
of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by law, be authorized to augment any item in the general
appropriations law for their respective offices from savings in other items of their respective
appropriations. [Art. VI, Sec. 25(5), 1987 Constitution]
Q: What is the limitation on use of Public Funds?

(1) No money shall be paid out of the National Treasury except in pursuance of an appropriation made
by law.
(2) However, this rule does not prohibit continuing appropriations, e.g. for debt servicing, for the
reason that this rule does not require yearly or annual appropriation.
Q: Does the power of Legislature extend to implementation of national budget?

A: No. This system has violated the principle of separation of powers; insofar as it has conferred unto
legislators the power of appropriation by giving them personal, discretionary funds from which they are
able to fund specific projects which they themselves determine. (Belgica v. Ochoa, 2013)
Q: What is the rule on presidential veto?

Animo Notes 2018
A: If the President does not approve of a bill, he shall veto the same and return it with his objections to the
house from which it originated.
General Rule: Partial veto is invalid
Exception:
(1) Veto of particular items of an appropriation, tariff or revenue bill (Bengzon v. Drilon, 1992)
(2) Doctrine of inappropriate provisions (Gonzales v. Macaraig, 1990); an inappropriate provision is a
provision in an appropriations bill which may be one of the following:
a. One which does not relate specifically to some particular item of appropriation or which
extends in its operation beyond an item of appropriation, or,
b. One which is unconstitutional, or,
c. One which is intended to amend other laws (PHILCONSA v. Enriquez, 1994)
Q: Explain the concept of congressional override.

A: To override the veto, at least 2/3 of ALL the members of each house must agree to pass the bill. In such
case, the veto is overridden and becomes a law without need of presidential approval.
Q: Congress passed a law requiring the COMELEC to submit its implementing rules and regulations
regarding absentee voters for approval by its joint oversight committee. Is this valid?
A: No, it partakes the form of a legislative veto which is not a power expressly granted to Congress by the
Constitution and encroaches upon the independence of the COMELEC.
Q: Who are impeachable officers?

A: The following are removable by impeachment:
(1) President
(2) Vice-President
(3) Members of the Supreme Court
(4) Members of the Constitutional Commissions
(5) Ombudsman
Q: Enumerate the grounds for impeachment.

A:
(1) Culpable violation of the Constitution
(2) Treason
(3) Bribery
(4) Graft and corruption
(5) Other high crimes
(6) Betrayal of public trust
Q: May impeachable officers be removed via quo warranto?

A: Yes. The Court's quo warranto jurisdiction over impeachable officers finds basis in Par. 7, Sec. 4, Art. VII
of the Constitution which designates it as the sole judge of the qualifications of the President and Vice-
President, both of whom are impeachable officers. With this authority, the remedy of quo warranto was
provided in the rules of the Court sitting as the Presidential Electoral Tribunal (PET).
Q: How is impeachment initiated?

A:
(1) Through a verified complaint filed by a member of the House of Representatives;

Animo Notes 2018
(2) Through a verified complaint of a citizen supported by a resolution of indorsement of a member
of the House of Representatives; or
(3) Verified complaint filed by at least one-third (1/3) of the members of the House of Representatives.
(Gutierrez v. House of Representatives Committee on Justice, 2011)
EXECUTIVE DEPARTMENT
Q: What is the principle of presidential immunity?
A: It is the jurisprudential principle stating that the President enjoys immunity from suit during his or her
tenure of office or actual incumbency. (Lozada v. Arroyo, 2012) Such immunity is personal and only the
President can decide when to invoke the immunity. It does not include immunity from criminal liability. It
is coterminous; it cannot be invoked when the President is no longer in the office. (Carillo vs. Marcos, 1981)
Exception: The president may be sued if the act is one not arising from official conduct. (Estrada v. Desierto,
2001)
Q: Explain the concept of presidential communications privilege.

A: Presidential communications privilege applies to decision making of the President. It applies to
documents in their entirety and covers final and post-decisional matters as well as pre-deliberative ones.
Q: Who are the officers that are required to be appointed by the President?
A: There are four (4) groups of officers whom the President shall appoint under the Constitution:
(1) First, the heads of the executive departments, ambassadors, other public ministers and consuls,
officers of the armed forces from the rank of colonel, or naval captain, and other officers whose
appointments are vested in him in this Constitution;
(2) Second, all other officers of the Government whose appointments are not otherwise provided by
law;
(3) Third, those whom the President may be authorized by law to appoint; and
(4) Fourth, officers lower in rank whose appointments the Congress may by law vest in the President
alone (Sarmiento III v. Mison).
The first group of officers are appointed with the consent of the Commission on Appointments.
Appointments of such officers are initiated by nomination and, if such is confirmed by the Commission on
Appointments, then the appointment becomes effective.
Q: What is an ad interim appointment?

A: An ad interim appointment is an appointment made by the President during the recess of Congress,
whether voluntary or compulsory, which shall be effective only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress. (Sec. 16, Art. VII, 1987 Const.) It takes effect
immediately and can no longer be withdrawn by the President once the appointee has qualified into office.
(Matibag v. Benipayo (2002))
Q: Who are other officers that require confirmation by the Commission on Appointments?
A: The following are subject to the confirmation of the Commission on Appointments:
(1) The regular members of the Judicial and Bar Council
(2) The Chairman and the Commissioners of the Civil Service Commission
(3) The Chairman and the Commissioners of the Commission on Elections
(4) The Chairman and the Commissioners of the Commission on Audit
(5) Members of the Regional Consultative Commission
(6) Sectoral Representatives of the House of Representatives

Animo Notes 2018
Q: Is the Commissioner on Human Rights subject to confirmation?
A: No. The position of Chairman of the Commission on Human Rights is not among the positions
mentioned in the first sentence of Sec. 16, Art. VII of the 1987 Constitution which needs the confirmation of
the Commission on Appointments. (Bautista v. Salonga).
Q: What are the limitations on the power to appoint?

A: The following are the limitations:
(a) The President may not appoint his spouse and relatives by consanguinity and affinity within the
fourth civil degree during his term as members of the Constitutional Commissions, Office of the
Ombudsman, or as secretaries, undersecretaries, chairmen, or heads of bureaus or offices,
including government owned and controlled corporations and their subsidiaries. (Sec. 13, Art. VII)
(b) The President or acting President cannot exercise the power of appointment two months before the
next presidential elections and up to the end of his term, except temporary appointments to
executive positions when continued vacancies therein will prejudice public service or endanger
public safety. (Sec. 15, Art. VII)
(c) Appointment in the Judiciary shall be made upon recommendation of the Judicial and Bar Council.
(Sec. 8, Art. VII)
(d) Appointments extended by the Acting President shall remain effective, unless revoked by the
elected President within ninety days from his assumption. (Sec. 14, Art. VII)
Q: Does the prohibition on midnight appointments extend to the Judiciary?

A: No. The framers did not extend the prohibition to appointments to the Judiciary, because the
establishment of the JBC and subjecting the nomination and screening for judicial positions to the
unhurried and deliberative prior process of the JBC ensure that there would no longer be midnight
appointments to the Judiciary. (De Castro v. Judicial and Bar Council [JBC])
Q: Explain the power of removal.

A: Under the doctrine of necessary implication, the power to appoint carries with it the power to remove.
As a general rule, therefore, all officers appointed by the President are also removable by him. The
exception to this is when the law expressly provides otherwise—that is, when the power to remove is
expressly vested in an office or authority other than the appointing power. In some cases, the Constitution
expressly separates the power to remove from the power of the President’s power to appoint.
Q: What is the doctrine of qualified political agency?

A: All executive and administrative organizations are adjuncts of the Executive Department, the heads of
the various executive departments are assistants and agents of the Chief Executive, and except in cases
where the Chief Executive is required by the Constitution or the law that he acts in person or the exigencies
of the situation demand that he acts personally, the multifarious executive and administrative functions of
the Chief Executive are performed by and through the executive departments, and the acts of the secretaries
of such departments, performed and promulgated in the regular course of business, are, unless
disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive. (Villena
v. Secretary of Interior).
All the different executive and administrative organizations are mere adjuncts of the Executive
Department. This is an adjunct of the Doctrine of One Executive.
The heads of the various executive departments are assistants and agents of the Chief Executive. (Villena v.
Sec. of Interior, 1939)

Animo Notes 2018
In the regular course of business, acts of executive departments, unless disapproved or reprobated by the
Chief Executive, are presumptively acts of the Chief Executive. (Free Telephone Workers Union vs. Minister of
Labor and Employment, 1981)
Q: What is the alter ego principle?

A: Acts of the secretaries of the executive departments performed and promulgated in the regular course
of business are presumptively the acts of the Chief Executive. (Villena v. Secretary of Interior, 1939)
Q: A law provides that the Secretaries of the Departments of Finance and Trade and Industry, the
Governor of the Central Bank, the Director General of the National Economic Development Authority,
and the Chairperson of the Philippine Overseas Construction Board shall sit as ex-officio members of
the Board of Directors (BOD) of a government owned and controlled corporation (GOCC). The other
four (4) members shall come from the private sector. The BOD issues a resolution to implement a new
organizational structure, staffing pattern, a position classification system, and a new set of qualification
standards. After the implementation of the Resolution, Atty. Dipasupil questioned the legality of the
Resolution alleging that the BOD has no authority to do so. The BOD claims otherwise arguing that the
doctrine of qualified political agency applies to the case. It contends that since its agency is attached to
the Department of Finance, whose head, the Secretary of Finance, is an alter ego of the President, the
BOD's acts were also the acts of the President. Is the invocation of the doctrine by the BOD proper?
Explain.
A: This is an incorrect invocation of the qualified political agency doctrine. While some members of the
Board of Directors were indeed cabinet members, they became members of the Board of Directors not
because of their appointment but due to their designation by law. Thus, they implemented the new
organizational plan, not as alter egos of the President but as members of the Board of Directors pursuant
to law. (Manalang-Demigillo v. Trade and Investment Development Corporation of the Philippines, 2012)
Q: Explain the calling out power of the President.

A: It is the power of the President to order the armed forces, whenever it becomes necessary, to suppress
lawless violence, invasion, or rebellion. (David v. Macapagal Arroyo, 2006)
Q: What is the effect of violating a conditional pardon?

A: Conviction of a crime is not necessary before the President can determine that a person violated the
condition of his pardon. By accepting the terms of the conditional pardon, a person agreed that the
determination of the President that he had violated its conditions would be conclusive upon him. Thus,
such determination cannot be reviewed by the courts. (Torres v. Gonzales, 1987)
Q: Can the President grant pardon in impeachment cases?

A: No. The President cannot grant pardon in cases of impeachment. (Sec. 19, Art. VII, Constitution)
However, the President may grant a pardon when a person convicted in an impeachment proceeding is
subject to prosecution, trial, and punishment in an ordinary criminal action. (Sec. 19, Art. VII, Constitution)
Q: What are the limitations on the President’s pardoning power?

A:
(1) Pardon cannot be granted in impeachment cases;
(2) Pardon can be given only after final judgment;
(3) Amnesty requires the concurrence of a majority of all members of Congress;
(4) Pardon, amnesty, parole and suspension of sentence involving election offenses require the
favorable recommendation of the COMELEC.
The President cannot pardon employees and members of the Judiciary found guilty by the Supreme Court
in administrative cases. (In Re: Petition for Judicial Clemency of Manuel V. Romillo, Jr., 1997)

Animo Notes 2018
Q: What are the different forms of executive clemency?
A: Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
Q: Is pardon limited to criminal cases?

A: No, it includes administrative cases. However, the power of the President to grant executive clemency
in administrative cases refers only to administrative cases in the Executive branch and not in the Judicial
or Legislative branches of the government. (Llamas v. Executive Secretary, 1991)
Q: What is amnesty?
A: It is a general pardon for people who committed serious political offenses. It is a sovereign act of oblivion
for past acts granted by government generally to a class of persons who have been guilty usually of political
offenses and who are subject to trial but have not yet been convicted, and often conditioned upon their
return to obedience and duty within a prescribed time.
Q: Distinguish pardon from amnesty?

A:
Pardon Amnesty
May be given even before the filing of
When given Only after final conviction
the case
Looks forward and relieves the
Looks backward, as if no crime was
Perspective pardonee of the consequences of the
ever committed
offense
To individuals through an individual
Granted to whom To classes of persons
paper stating the name of the person
Exercised by the executive, does not Concurrence of a majority of all
Requirement
require concurrence of congress. members of Congress
Defense in a criminal case because it is a Public act which the courts could take
How invoked private act which must be pleaded and judicial notice
proved.
Q: What are the limitations on Executive Clemency?

A:
(1) It can only be exercised after conviction by final judgment.
(2) It cannot extend to cases of impeachment. (Art VII, Sec 19, 1987 Constitution)
(3) It cannot be exercised on matters involving violation of election laws, unless favorably
recommended by the Commission on Elections. (Art. IX-C, Sec. 5, 1987 Constitution)
(4) Pardon cannot extinguish civil liability awarded to third persons. (People v. Nacional, 1995)
(5) Pardon does not restore offices forfeited or vacated after conviction. (Monsanto v. Factoran, 1989)
Q: Does Executive Clemency also pardon disqualification from public office?

A: No. There must be a separate pardon for the disqualification. A pardoned official cannot claim back a
position which was forfeited by virtue of conviction in the criminal case. To insist on automatic
reinstatement because of a mistaken notion that the pardon virtually acquitted one from the offense would
be grossly untenable. A pardon, albeit full and plenary, cannot preclude the appointing power from
refusing appointment to anyone deemed to be of bad character, a poor moral risk, or who is unsuitable by
reason of the pardoned conviction. (Monsanto v. Factoran, Jr., 1989)
Q: Can executive clemency extend to administrative cases in the Judiciary?

A: No. The power of executive clemency cannot extend to administrative cases in the Judiciary because it
will violate the principle of separation of powers and impair the power of the Supreme Court under Section

Animo Notes 2018
6, Article VIII of the Constitution of administrative supervision over all courts. (Petition for Judicial Clemency
of Romillo, 1997)
Q: Explain the diplomatic power of the President.

A: The President, being the Head of State, is regarded as the sole organ and authority in external relations and
is the country’s sole representative to foreign nations. As the chief architect of foreign policy, the President
acts as the country’s mouthpiece with respect to international affairs.
It is the President who exercises this power. It is limited by the Constitutional requirement of the
concurrence of 2/3 of all the members of Senate for validity of treaty entered into by him. (Pimentel v.
Executive Secretary, 2005)
Q: The Treaty of Rome, which created the International Criminal Court, was signed, but the President
did not submit it to the Senate. A Petition for Mandamus was filed to compel the President to forward
it to the Senate. Will the case prosper?
A: No. The Supreme Court refused to compel the President to transmit the treaty to the Senate. Ratification
cannot be compelled by mandamus because it is discretionary on the President. The role of the Senate is
only to concur. (Pimentel v. Executive Secretary)
Q: Can the President augment an item in the GAA from savings?

A: The power of the President to augment an item in the GAA from savings in other items is limited to
offices within the Executive Department and cannot be used to transfer funds outside the Executive
Department or to a Constitutional Commission. (Araullo v. Aquino III, 2014)
Q: Can the President indiscriminately use ‘special funds’ for another purpose other than that which it
was created?
A: No. In the case of Belgica v. Ochoa, the use of the Malampaya Funds by the President for any purpose
was deemed unconstitutional because the funds were supposed to be used for Energy Resource
Development and Exploration. Congress' act of giving the President the authority to use it for other
purposes is unconstitutional because it violates the separation of powers of the three branches of the
government. (Belgica v. Ochoa, 2013)
Q: What are the limitations on appropriations made by the President?

A: Once the General Appropriation has been approved, the President cannot veto anymore or cancel any
item. The President may only augment from the savings of the Office of the President. (Araullo v. Aquino
III, 2014)
Q: Can a national ID system be created through either an administrative or executive order?

A: No, such a system can only be enacted through an enabling law passed by Congress. The Executive’s
power to implement such a system shall be directly limited to an ID system for offices under his branch.
Q: Is a mere statement or proclamation of emergency sufficient for the President to exercise emergency
powers?
A: No. The statement that a proclamation of emergency is sufficient to allow the President to take over any
public utility is false. Since it is an aspect of emergency powers, in accordance with Sec. 23(2), Art. VI of the
Constitution, there must be a law delegating such power to the President. (David v. Macapagal-Arroyo, 2006)
Q: Are there powers that are delegated to the President?

Animo Notes 2018
A: Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it
may prescribe, to exercise powers necessary and proper to carry out a declared national policy. (Art. VI,
Sec. 23, Constitution)
The Congress may, by law, authorize the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage
dues, and other duties or imposts within the framework of the national development program of the
Government. (Art. VI, Sec. 28, 1987 Constitution)
Q: Explain Line Item Veto or Partial Veto.

A: As a general rule, if the President disapproves a bill approved by Congress, he should veto the entire
bill. He is not allowed to veto separate items of a bill. It is only in the case of appropriation, revenue, and
tariff bills that he is authorized to exercise item-veto.
Q: Distinguish a Pocket Veto from an Item Veto.

A:
Pocket Veto Item Veto
A pocket veto is when the President is considered An item veto, or partial veto, is the power of a
to have rejected a bill submitted to him for his President to nullify or cancel specific provisions of
approval when Congress adjourns during the a bill, usually a budget appropriations bill, without
period given to the President to approve or reject a vetoing the entire legislative package. (Sec. 27(2),
bill. (Sec. 27(1), Art. VI, Constitution) Art. VI, Constitution)
Q: What is the nature of executive privilege?

A: Executive privilege is the power of the President to withhold certain types of information from the
courts, the Congress, and ultimately the public. The types of information include those which are of a
nature that disclosure would subvert military or diplomatic objectives, or information about the identity of
persons who furnish information of violations of law, or information about internal deliberations
comprising the process by which government decisions are reached (Bernas, Constitution of the Republic of
the Philippines, 2012)
Q: What are the two kinds of executive privilege?

A:
(1) Presidential Communications Privilege (President): Communications are presumptively
privileged; president must be given freedom to explore alternatives in policy-making. (Neri v.
Senate, 2008)
(2) Deliberative Process Privilege (Executive Officials): refers to materials that comprise part of a
process by which governmental decisions and policies are formulated. This includes diplomatic
processes. (Akbayan v. Aquino, 2008)
Q: Distinguish the President's authority to declare a state of rebellion from the authority to proclaim a
state of national emergency.
A: The power of the President to declare a state of rebellion is based on the power of the President as Chief
Executive and Commander-in-Chief of the Armed Forces of the Philippines. Thus, it is not necessary for
the President to declare a state of rebellion before calling out the Armed Forces. The proclamation only
serves to give notice that such a state exists and that the Armed Forces may be called upon to suppress it.
(Sanlakas v. Executive Secretary, 2004)
In a proclamation of a state of national emergency, the President is already calling out the Armed Forces of
the Philippines to suppress not only rebellion but also lawless violence. (David v. Macapagal-Arroyo, supra)

Animo Notes 2018
Q: What are the Constitutional safeguards on the exercise of the President’s power to declare martial
law?
A:
(1) There must be actual invasion or rebellion;
(2) The duration of the proclamation shall not exceed sixty (60) days;
(3) Within 48 hours, the President shall report his action to Congress. If Congress is not in session, it
must convene within 24 hours;
a. Congress may, by majority vote of all its members voting jointly, revoke the proclamation,
and the President cannot set aside the revocation;
b. By the same vote and in the same manner, upon initiative of the President, Congress may
extend the proclamation if the invasion or rebellion continues and public safety requires
the extension;
c. The Supreme Court may review the factual sufficiency of the proclamation, and the SC
must decide the case within 30 days form the time it was filed;
d. Martial law does not automatically suspend the privilege of the writ of habeas corpus or
the operation of the Constitution. It does not supplant functioning of the civil courts and
of Congress. Military courts have no jurisdiction over civilians where civil courts are able
to function.
JUDICIAL DEPARTMENT
Q: What is judicial power?
A: It is the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable and to determine whether or not there has been a grave abuse of discretion
amounting to a lack or excess of jurisdiction on the part of any branch or instrumentality of the Government
(Sec 1(2), Art. VIII, Constitution)
Q: What is the power of judicial review?

A: It is the power of the courts to test the validity of executive and legislative acts in light of their conformity
with the Constitution (Angara v. Electoral Commission, 1936)
Q: What are the requisites for judicial review?

A:
(1) There must be an actual case or controversy;
(2) Question must be raised by the proper party;
(3) Raised at the earliest possible opportunity; and
(4) Decision on the question must be determinative of the case itself (Dumlao v. COMELEC, 1980).
Q: When may taxpayers, voters, citizens, and legislators be accorded standing to sue?
A: When the following requirements are met:
(1) The case involves a constitutional issue;
(2) For taxpayers: There is a claim of illegal disbursement of public funds or the tax measure is
unconstitutional;
(3) For voters: There is a showing of obvious interest in the validity of the election law in question;
(4) For concerned citizens: There is a showing that the issues are of transcendental importance, which
must be settled early;
(5) For legislators: There must be a claim that the official action complained of infringes upon their
prerogatives as legislators. (David v. Arroyo, 2006)
Q: Can the Supreme Court be asked to declare a pending bill unconstitutional?

Animo Notes 2018
A: No, the Supreme Court cannot be asked to declare a pending bill unconstitutional if enacted into law.
Until it becomes a law, it creates no rights and obligations. To declare it unconstitutional will involve
exercise of advisory power, which is not judicial in nature. (Montesclaros v. COMELEC, 2002)
Q: Explain the doctrine of operative fact.

A: The doctrine of operative fact means that before a law was declared unconstitutional, its actual existence
must be taken into account and whatever was done while the law was in operation should be recognized
as valid. (Rieta v. People, 2004)
Q: Is the operative fact doctrine applicable to executive acts?

A: Yes, the operative fact doctrine also applies to executive acts subsequently declared as invalid. A
decision made by the president or the administrative agencies has to be complied with because it has the
force and effect of law. (Hacienda Luisita v. Presidential Agrarian Reform Council, 2011)
Q: Can the Supreme Court discipline an employee of the judiciary, found to have been a drug user,
through dismissal even if there is substantive law indicating a different penalty must be imposed?
A: Yes, the Court exercises discretion over the disciplinary cases over its employees by virtue of the
separation of powers.
Q: Can the Supreme Court rule on moot and academic cases?

A: No. A moot and academic case is one that ceases to present a justiciable controversy by virtue of
supervening events, so that a declaration thereon would be of practical use or value. Generally, courts
decline jurisdiction over such case or dismiss it on ground of mootness.
Exceptions:
(1) There is a grave violation of the Constitution.
(2) The exceptional character of the situation and the paramount public interest is involved
(3) When the constitutional issue raised requires formulation of controlling principles to guide the
bench, the bar and the public.
(4) The case is capable of repetition yet evading review.
Q: Explain the political question doctrine.

A: A political question refers to those issues which under the Constitution are to be decided by the people
in their sovereign capacity, or regard to which full discretionary authority has been delegated to the
legislative or executive branch of the government.
Q: What is judicial restraint?

A: Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their
own power in certain cases. It is anchored on a heightened regard for democracy. Deference to the majority
rule constitutes the flagship argument of judicial restraint which emphasizes that in a democratic
governance, majority rule is a necessary principle (Francisco v. HREP, 2003)
Q: What is the Judicial and Bar Council?

A: The Judicial and Bar Council (JBC) is a constitutionally-created commission whose primary task is to
recommend appointees to the Judiciary and the Office of the Ombudsman for the President’s perusal (Sec.
8(5), Art. VIII, Constitution).
Q: State the composition of the Judicial and Bar Council.

A:
(1) Ex-officio members: Chief Justice, as Chairman; the Secretary of Justice, and a representative of
Congress;

Animo Notes 2018
(2) Regular members: A representative of the Integrated Bar of the Philippines, a professor of law, a
retired justice of the Supreme Court, and a representative of the private sector;
(3) Secretary ex-officio: The Clerk of the Supreme Court. (Sec. 8(1), Art. VII, Constitution).
Q: What is the jurisdiction of the Supreme Court sitting en banc?

A: The Supreme Court sitting en banc:
(1) Shall be the sole judge of all contests relating to the election, returns, and qualifications of the
President or Vice-President, and may promulgate its rules for the purpose. (Art VII, Sec. 4);
(2) Shall decide on all cases:
(a) Involving the constitutionality of a treaty, international or executive agreement, or law;
(Art. VIII, Sec, Par. 2);
(b) Which under the rules of court are required to be heard en banc, including those involving
the constitutionality, application, or operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other regulations, and shall be decided with the
concurrence of a majority of the members who actually took part in the deliberations on
the issues in the case and voted thereon. (Art. VIII, Sec. 4, Par. 2);
(c) Heard by a division when the required number (concurrence of a majority of the members
who actually took part in the deliberations on the issues in the case and voted thereon), is
not obtained. (Art. VIII, Sec. 4, Par. 3);
(d) Which modify or reverse doctrines and principles of law laid down by the court in a
decision rendered en banc or in division. (Art. VIII, Sec. 4, Par. 3);
(e) Involving the discipline or dismissal of judges of lower courts or order their dismissal by
a vote of a majority of the members who actually took part in the deliberations on the issues
in the case and voted thereon. (Art. VIII, Sec. 11)
Note: The Supreme Court sitting en banc is not an appellate court vis-a-vis its divisions, and it exercises no
appellate jurisdiction over the latter. (Firestone Ceramics v. Court of Appeals, 2000)
Q: What are the limitations on the rule-making power of the Supreme Court?
A:
(1) They shall provide for a simplified and inexpensive procedure for the speedy disposition of cases;
(2) They shall be uniform in all courts of the same grade; and
(3) They shall not diminish, increase or modify substantive rights (Sec. 5(5), Art. VIII, Constitution).
Q: Does the Supreme Court have supervisory powers over lower courts?
A: Yes. The Supreme Court has exclusive power of administrative supervision over all courts including
complaints referring to the performance of the duties of Judges. (Maceda v. Vasquez, 2000)
Q: Does the Supreme Court have jurisdiction over rulings of the SET?
A: Yes. The Supreme Court has jurisdiction over issues on challenged rulings of the Senate Electoral
Tribunal. The Supreme Court can review its decision if it acted with grave abuse of discretion. (Lerias v.
House of Representatives Electoral Tribunal, 1991)
CONSTITUTIONAL COMMISSIONS
Q: What are the constitutional safeguards to ensure independence of the commissions?
A:
(1) They are constitutionally created; may not be abolished by a statute;
(2) Each is conferred certain powers and functions which cannot be reduced by statute;
(3) Each expressly described as independent;
(4) Chairmen and members are given fairly long term of office for seven (7) years;

Animo Notes 2018
(5) Chairmen and members cannot be removed except by impeachment;
(6) Chairmen and members may not be reappointed or appointed in an acting capacity;
(7) Salaries of chairmen and members are relatively high and may not be decreased during
continuance in office;
(8) Commissions enjoy fiscal autonomy;
(9) Each commission may promulgate its own procedural rules;
(10) Chairmen and members are subject to certain disqualifications calculated to strengthen their
integrity; and
(11) Commissions may appoint their own officials and employees in accordance with Civil Service Law.
Q: What are the powers and functions of the COMELEC?

A:
(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall;
(2) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities
of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and credible elections;
(3) Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens' arms of the Commission on Elections.
(4) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion
of voters; investigate and, where appropriate, prosecute cases of violations of election laws,
including acts or omissions constituting election frauds, offenses, and malpractices;
(5) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices, and nuisance candidacies;
(6) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its
directive, order, or decision;
(7) Submit to the President and the Congress, a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall;
(8) Contempt powers:
a. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial
functions;
b. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
judicial/administrative powers; and
c. Its jurisdiction over contests, is in exercise of its judicial functions. (Bedol v. COMELEC,
2009).
Q: What are the powers and functions of the COMELEC en banc?

A:
(1) May promulgate its own rules concerning pleadings and practice before it or before any of its
offices. such rules however shall not diminish, increase, or modify substantive rights. (Sec. 6 Art.
IX Const.);
(2) Shall decide on motions for reconsideration of decisions made by the divisions (Reyes v. Regional
Trial Court, 1995);
(3) Shall promulgate its rules of procedure in order to expedite disposition of election cases (Sec. 3 Art.
IX-C, Const.);
(4) Congress shall determine only the authenticity and due execution of the certificates of canvass but
COMELEC en banc and Congress shall only exercise this power before the proclamation of the
winning presidential, vice presidential, and senatorial candidates. (Banat v. Comelec, 2009).

Animo Notes 2018
Q. What are the powers and functions of the Civil Service Commission?
A:
(1) Establishes a career service;
(2) Adopts measures to promote morale, efficiency, integrity, responsiveness, progressiveness and
courtesy in the Civil Service;
(3) Strengthens the merits and rewards system;
(4) Integrates all human resources and development programs for all levels and ranks; and
(5) Institutionalizes a management climate conducive to public accountability (Sec 3, Art IX-C,
Constitution)
Q: What are the powers and functions of the Commission on Audit?

A: The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned
or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations with original charters, and on
a post-audit basis:
(1) Constitutional bodies, commissions and offices that have been granted fiscal autonomy under this
Constitution;
(2) Autonomous state colleges and universities;
(3) Other government-owned or controlled corporations and their subsidiaries; and
(4) Such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through
the government, which are required by law or the granting institution to submit to such audit as a
condition of subsidy or equity. (Sec. 2, Art. IX-D, Constitution)
Q: What are the prohibited offices and interests of a Member of a Constitutional Commission?
A: No member of a Constitutional Commission shall, during his tenure:
(1) Hold any other office or employment;
(2) Engage in the practice of any profession;
(3) Engage in the active management and control of any business which in any way may be affected
by the functions of his office; and
(4) Be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege
granted by the government, any of its subdivisions, agencies or instrumentalities include GOCCs
(Sec 2, Art. IX-A, Const.)
Q: Explain the rules of procedure regarding review of final orders, resolutions and decisions rendered
in the exercise of quasi-judicial functions.
A:
(1) Decisions, orders, or rulings of the Commissions in the exercise of their quasi-judicial functions
may be reviewed by the Supreme Court
(2) The mode for review is a petition for certiorari under Rule 64 (if by COA or COMELEC), not Rule
65
(3) In case of the CSC, proper mode is through Rule 43, which is to be filed before the CA
BILL OF RIGHTS
Q: What is the Bill of Rights?
A: The Bill of Rights guarantee governs the relationship between the individual and the State. Its concern
is not the relation between private individuals. What it does is to declare some forbidden zones in the
private sphere inaccessible to any power holder (People v. Marti, 1991).
FUNDAMENTAL POWERS OF THE STATE

Animo Notes 2018
Q: What are the fundamental powers of the State?
A:
(1) Police Power;
(2) Eminent Domain;
(3) Taxation
Q: What is police power?

A: Police power concerns government enactments which precisely interfere with personal liberty or
property in order to promote general welfare of the common good (Edu v. Ericta, 1970). It may be said that
the interests of the public generally require the exercise of the police power, and that the means employed
are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon
individuals (SJS v. Atienza, 2008).
Q: What are the requisites for the exercise of police power?

A: There must be:
(1) Lawful purpose; and
(2) Lawful means
Q: A city ordinance was issued prohibiting all forms of gambling within the city’s marketplace. The
same was alleged to be an unjust exercise of Police Power. Resolve.
A: A law absolutely prohibiting all forms of gambling is a valid exercise of police power because it is an
evil that undermines the social, moral, and economic growth of the nation. (People v. Punto, 1939)
Q: X flunked the NMAT three times. When he applied to take it for the 4th time, he was prohibited by
the Department of Education. He filed a petition for mandamus with the RTC to compel his admission
to the test. Resolve.
A: The rule is that a valid exercise of police power is meant to ensure that those admitted to the medical
profession are qualified. The arguments of X are not meritorious. The right to quality education and
academic freedom are not absolute. The right to choose a profession is subject to fair, reasonable, and
equitable admission and academic requirements. (Department of Education, Culture, and Sports v. San Diego)
Q: Who may exercise police power?

A: As a general rule, police power is primarily lodged in the Legislative
Exception: Valid delegation to the President and Administrative Bodies as well as the lawmaking bodies of
Municipal Corporation or LGUs. Once delegated, the agents can exercise only such legislative powers as
are conferred on them by the lawmaking body. (MMDA v. Bel-Air Village Association, 2000)
Q: What are the requisites of “taking” for purposes of eminent domain?

A:
(1) The expropriator must enter a private property;
(2) The entrance into private property must be for more than a momentary period;
(3) The entry into the property should be under warrant or color of legal authority;
(4) The property must be devoted to public use or otherwise informally appropriated or injuriously
affected;
(5) The utilization of the property for public use must be in such a way as to oust the owner and
deprive him of beneficial enjoyment of the property. (Republic v. Castelvi, 1974).
Q: What is the definition of public use under eminent domain?

A: A property is for public use if it is for the general community, or neighborhood, or church. On the other
hand, a property is private if it is used only by a family, or a small portion of the community or
neighborhood. Where a property is open to public, it is a public use and no part of the ground can be taken

Animo Notes 2018
for other public uses under a general authority. And this immunity extends to the unimproved and
unoccupied parts which are held in good faith for future use. (Chinese Cemetery vs. City of Manila)
Q: Explain expanded definition of public use under eminent domain.

A: Public use has now acquired an expansive meaning to include any use that is of usefulness, utility, or
advantage, or what is productive of general benefit of the public. If the genuine public necessity for the
expropriation of a private land ceases or disappears, then there is no more cogent point for the
government’s retention of the expropriated land. The same legal situation should hold if the government
devotes the property to another public use very much different from the original or deviates from the
declared purpose to benefit another private person. (MCIAA v. Incionan, 2011)
Q: What is the reckoning date in computing for just compensation?

A: Just compensation for the property should be based at the time it was taken from the owner and
appropriated by the government. The “time of taking” does not only mean the time when the landowner
was deprived of the use of his property, or when the title was issued to the Republic or the beneficiaries.
Q: What is the value used for purposes of determining just compensation in eminent domain?
A: Market value for purposes of determining just compensation in eminent domain has been described as
the fair market value (FMV) of property between one who desires to purchase and one who desires to sell.
(Republic v. Court of Appeals, 2002)
Q: Explain the rules on abandonment of intended use and right to repurchase.

A: If the expropriator does not use the property for a public purpose, the property reverts to the owner in
fee simple. (Heirs of Moreno v. Mactan-Cebu International Airport, 2005)
Q: What are the limitations on the power of taxation?

A: The inherent limitations are:
(1) Public purpose;
(2) Non-delegability of power;
(3) Situs of taxation
(4) Exemption of government from taxation; and
(5) International comity;
The following are the constitutional limitations to the power to tax:

(1) Due process of law;
(2) Equal protection of law;
(3) Uniformity, equitability and progressivity;
(4) Non-impairment of contracts;
(5) Non-imprisonment for non-payment of poll tax;
(6) Revenue and tariff bills must originate in the House of Representatives;
(7) Non-infringement of religious freedom;
(8) Tax exemption of revenues and assets of educational institutions
Q: What are the similarities and differences between the inherent powers of the State?
A:
POLICE POWER TAXATION EMINENT DOMAIN
Extent of Power
Regulates liberty and property Affects only property rights
Power exercised by whom
Exercised only by the government Maybe exercised by private
entities if conferred by law

Animo Notes 2018
Nature of the property taken
Property is noxious or Property is wholesome
intended for a noxious
purpose
Compensation
None, the altruistic feeling None, the protection given and public Just Compensation.
that one has contributed to the improvements instituted by the state Full and fair equivalent of
public good. because of taxes. the property taken.
DUE PROCESS
Q: Explain the relativity of due process.

A: Due process is flexible because not all situations calling for procedural safeguards call for the same kind
of procedure (Secretary of Justice v. Lantion, 2000).
Q: Differentiate procedural and substantive due process.

A:
Procedural Due Process Substantive Due Process
Compliance with the procedures or steps, even Intrinsic validity of a law that interferes with the
periods, prescribed by the statute, in conformity rights of a person to his property (Ynot v.
with the standard of fair play and without the Intermediate Appellate Court, 1987).
arbitrariness on the part of those who are called
upon to administer it (Tupas v. Court of Appeals,
1991).
Q: Differentiate constitutional and statutory due process.

A:
Constitutional Due Process Statutory Due Process
Protects the individual from the government and Found in the Labor Code and implementing rules
assures him of his rights in criminal, civil, or and protects employees from being unjustly
administrative proceedings (Agabon v. NLRC, terminated without just cause after notice and
2004). hearing (Agabon v. NLRC, 2004).
Q: Define the Void for Vagueness Doctrine.

A: When a statute forbids or requires the doing of an act in terms so vague that men of common intelligence
must necessarily guess as to its meaning and differ as to its application, the law is deemed void. Such kind
of statute violates the final essential requisite of due process of law because it denies the accused the right
to be informed of the charge against him. (Estrada v. Sandiganbayan, 2001)
EQUAL PROTECTION
Q: What is equal protection?

A: Equal protection requires that all persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed (Ichong v. Hernandez, 1957).
Q: What are the requisites for valid classification?

A:
(1) Rests on substantial distinctions; 
(2) Germane to the purpose of the law;
(3) Not limited to existing conditions; and
(4) Apply equally to all members of the same class. (Beltran v. Secretary of Health, 2005)

Animo Notes 2018
Q: What are the standards by which the State’s action may be held valid on a claim of intrusion of the
guaranteed rights under the Bill of Rights?
A: The following are the standards:
(1) Deferential or Rational Basis Scrutiny: Laws or ordinances are upheld if they rationally further a
legitimate governmental interest;
(2) Middle Tier or Intermediate Scrutiny: Challenged classification serves important an important
state interest. Governmental interest is extensively examined and the availability of less restrictive
measures is considered. It was adopted for evaluating classifications based on gender and
legitimacy;
(3) Strict Judicial Scrutiny: Burden is on the state to prove that classification achieves a compelling
state interest. Focus is on the presence of compelling, rather than substantial, governmental interest
and on the absence of less restrictive means for achieving that interest.
SEARCHES AND SEIZURES
Q: What is the concept of the right against illegal searches and seizure?
A: Evidence obtained in violation of the right against unreasonable searches and seizure is inadmissible.
The coverage against unreasonable searches and seizure is:
(1) Sanctity and privacy of a person himself;
(2) Inviolability of a person’s home and his possession (Sec. 3(3), Art. III, Const.)
Q: What are the requisites of a valid warrant?

A:
(1) Probable cause;
(2) Determination of probable cause made personally by the judge;
(3) Determination by the judge was made upon an examination under oath or affirmation of the
complainant and the witnesses he may produce;
(4) Complainant or witnesses testifies to facts within their personal knowledge; and
(5) Particularly describing the place to be searched, persons or objects to be seized (Sec. 2, Art. III,
Const.)
Q: Enumerate the instances where there can be valid warrantless searches and seizures.
A:
(1) Search incident to a lawful arrest;
(2) Prohibited article found in plain view;
(3) Moving vehicle search;
(4) Enforcement of customs law;
(5) Routine searches at borders and ports of entry to enforce immigration laws, quarantine, national
security, and customs laws;
(6) Waiver; and
(7) Searches of business establishment to enforce police regulations (Sec. 5, Rule 113, Rules of Court)
Q: Enumerate the instances where there can be valid warrantless arrests.

(1) Caught in flagrante delicto: has committed, is actually committing, attempting to commit a crime
(Sec. 5(a), Rule 113, Rules of Court);
(2) Doctrine of hot pursuit: Offense has just been committed (Sec. 5(a), Rule 113, Rules of Court);
(3) Escapee or detention prisoner (Sec. 5(a), Rule 113, Rules of Court); and
(4) Continuing offense (Umil v. Ramos, 1990).
Q: What are the requisites of the Plain View Doctrine as an exception to the warrantless search and
seizure?
A:

Animo Notes 2018
(1) There is prior and valid intrusion into a place;
(2) The evidence was inadvertently discovered by the police who had no right to be where they are;
(3) The illegality of the evidence must be immediately apparent; and
(4) It is noticed without further search (People v. Aruta, 1998).
Q: X initiated a rally against human rights violations outside Mendiola. Despite its peaceful conduct,
no permit was obtained prior to its exercise. Due to being an unwarranted rally, the police eventually
went out and arrested everyone on sight without any warrant. Were the arrests validly made?
A: No. Only the leader or organizer can be arrested without a warrant during the rally for holding a rally
without a permit, but no person can be arrested for merely participating in or attending the rally if it was
peaceful. (Sec. 13(1), BP 880). The rally should just be peacefully dispersed. (Sec. 12, BP 880)
Q: What are administrative arrests?

A: While the general rule is that a judge has the power to issue a warrant, in cases of deportation of illegal
and undesirable aliens, whom the President or the Commissioner of Immigration may order arrested,
following a final order of deportation, for the purpose of deportation. (Salazar v. Achacoso, 1990)
Q: Explain the rule on drug, alcohol and blood testing.

A: Randomized drug tests for students and employees do not violate the right of privacy. Students do not
have rational expectation of privacy since they are minors and the school is in loco parentis. Employees and
students in universities voluntarily subject themselves to intrusion because of their contractual relationship
to the company or university.
It is unconstitutional, however, to subject criminals to randomized drug tests as it is a violation against

their right against self-incrimination.
It is also unconstitutional to subject public officials whose qualifications are provided for in the Constitution
to randomized drug tests as it would amount to imposing an additional qualification not provided for in
the Constitution (Social Justice Society v. Dangerous Drug Board, 2008)
PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE
Q: Differentiate private communications from public communications.

A: There is private communications when either a person has exhibited an actual expectation of privacy
and the expectation is one that society is prepared to recognize as reasonable. Absent such, the
communication is public. (Pollo v. Constatntino-David, 2011)
Q: When is intrusion on communication and correspondence allowed?

A:
(1) By lawful order of a court upon determination of probable cause pursuant to Sec. 2, Art III;
(2) When public safety or public order requires otherwise.
Q: What is a Writ of Habeas Data?

A: The Writ of Habeas Data is a remedy available to any person whose right to privacy 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 the gathering, collecting or storing of data or information regarding
the person, family, home, and correspondence of the aggrieved party. Availment of the writ requires the
existence of a nexus between the right to privacy on the one hand, and the right to life, liberty, or security
on the other. (Vivares v. STC-Cebu, 2014)

Animo Notes 2018
Q: Are students who posted pictures on Facebook which are under the “public” settings entitled to the
issuance of the Writ of Habeas Data
A: No, because there is no violation of the right to privacy. Thus, they are not entitled to the issuance of the
Writ of Habeas Data. (Vivares v. STC-Cebu, 2014)
FREEDOM OF EXPRESSION
Q: What is the concept of freedom of expression?

A: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the government for redress of grievances (Sec. 4, Art. III,
Const.)
All forms of communication are entitled to the broad protection of the freedom of expression clause
whether oral, written, tape or disc recorded (Eastern Broadcasting Corp v. Dans Jr., 1985).
Q: A law was passed suppressing all matters and pronouncements that came from the Office of the
President. Valid?
A: No. No law shall be passed abridging the freedom of speech, of the press, or the right of the people
peaceably to assemble and petition the government for redress of grievances. (Sec. 4, Art. III, Const)
Q: What is the most preferred right in the hierarchy of civil liberties?

A: The right of free political expression occupies the highest preferred position in the hierarchy of civil
liberties. (Diocese of Bacolod v. COMELEC, 2015)
Q: A labor organization, after prior notice to the company, staged a demonstration to protest the abuses
of the Pasig police. The company did not stop them but said that those who fail to report to work for the
morning shift will be dismissed pursuant to the “No Strike – No Lockout” clause in the CBA. Valid?
A: No. The freedom of expression and the right of peaceful assembly are superior to property rights, the
former being human rights. (Phil. Blooming Mills Employment Org. v. Phil. Blooming Mills, 1973)
Q: A consolidated petition that assails the constitutionality of the Human Security Act of 2007 was filed.
A group claims that the law suffers from vagueness and overbreadth. Were they correct?
A: No. Chilling effect is used in the area of constitutional litigation affecting protected speech. Facial
challenges (void for vagueness and overbreadth) are not applicable to RA 9372 because those are available
only for free speech cases. (Southern Hemisphere Engagement Network v. ARC, 2010)
Q: What are the aspects of freedom of the press?

A:
(a) Freedom from prior restraint;
(b) Freedom from punishment subsequent to publication;
(c) Freedom of access to information; and
(d) Freedom of circulation. (Chavez v. Gonzales, 2008)
Q: What tests are used to assail the constitutionality of penal laws?

A:
General Rule: Statutes may only be questioned by any plaintiff if, as applied to him, the former is
unconstitutional.
Exception: Overbreadth and Vagueness doctrines are not appropriate for testing the validity of penal
statutes. (Romualdez v. Sandiganbayan, 2004)
Q: What rights may be ascertained using a facial challenge?

Animo Notes 2018
A: Since the Constitution has expanded the scope of judicial power of the Supreme Court, the application
of facial challenge covers all rights protected by the Bill of Rights. (Imbong v. Ochoa, 2014)
Q: A resolution was promulgated prohibiting the posting of decals and stickers on “mobile” places,
public or private, and limit their location or publication to the authorized posting areas that COMELEC
fixes. Valid?
A: No. While the Constitution authorizes the COMELEC to regulate the mass media during the election
period to ensure equal opportunity to candidates, its scope does not include prohibiting private persons
from posting decals and stickers in their moving vehicles to express their support for candidates and their
platforms, programs and ideologies and to convenience others to vote for them. It becomes censorship
which is unconstitutional. (Adiong v. COMELEC, 1992)
Q: If the Senate publishes its parliamentary rules through its official website, does it constitute a valid
publication to render it effective?
A: No law allows for a valid publication through the Internet, the Senate must comply with the regular
rules for proper notice and publication.
Q: Distinguish the overbreadth doctrine from the void-for-vagueness test.

A:
Overbreadth Doctrine Void-for-vagueness
Decrees that a governmental purpose may not be When it forbids or requires the doing of an act in
achieved by means of a statute which sweeps terms so vague that men of common intelligence
unnecessarily and thereby, invades the area of cannot necessarily guess its meaning and differ as
protected freedom to its application.
Rule of thumb: When there is a chilling effect

created by the law, the void-for-vagueness test
should be applied.
Q: Distinguish all the jurisprudential tests of valid exercise of Freedom of Expression.

A:
(1) Clear and Present Danger Test
a. Danger created must not only be clear and present but also traceable to the ideas expressed.
(Gonzales v. COMELEC, 2011)
b. The evil consequence of the speech must be extremely serious and the degree of imminence
extremely high before it can be punished.
(2) Balancing of Interests Test
a. When two legitimate values not involving national security and crimes compete.
b. The public interest sought to be protected and the social value and importance of the
freedom are to be judged by a range of factors such as:
i. The social values and importance of the speech;
ii. The specific thrust of the restriction, whether it is direct or indirect, and whether the
persons affected are few;
iii. The nature and gravity of the evil sough to be prevented;
iv. Whether restriction is appropriate and necessary;
v. Whether the public interest may be safeguarded by other less restrictive means.
(3) Dangerous Tendency Test
a. If the words uttered create a dangerous tendency of an evil that the state has the right to
prevent, then such words are punishable. (Cabansag v. Fernandez, 1957)
Q: X posted a libelous statement against Senator Y on Facebook, which later on became viral as it was
‘shared’ by thousands of people online. Y reached out to the public and vehemently contradicted X’s

Animo Notes 2018
claims; he contended that all those who shared the post can be charged with libel. Is his contention
tenable?
A: No. Only the original user of cyberspace who posted a libelous statement on cyberspace should be held
liable for libel. To penalize those in the social media who share it with others for aiding or abetting the
commission of the offense will have a chilling effect on them. Under the culture of social media, the readers
think little or haphazardly of their response. (Disini v. Secretary of Justice, 2014 – relate to the Cybercrime
Prevention Act, RA 10175)
Q: What is Heckler’s Veto?

A: It is a situation in which the government attempts to ban protected speech because it might provoke a
violent response. The mere possibility of a violent reaction to protected speech is simply not a constitutional
basis on which to restrict the right to speak. (Roe v. Crawford, 2008)
FREEDOM OF RELIGION
Q: May religion be taught to public schools in the Philippines?

A: Yes. At the option expressed in writing by their parents or guardians, religion shall be taught to students
in public elementary and high schools within regular class hours by instructors designated or approved by
the religious authorities of their religion. (Sec. 3(3), Art. XIV, 1987 Constitution)
Q: High school and elementary students who were members of Jehovah’s Witness were expelled for not
participating in the flag ceremony. Was the action valid?
A: No. To compel students to take part in the flag ceremony when it is against their religious beliefs will
violate their religious freedom.  Their expulsion also violates the duty of the State under Sec. 1 Art. XIV,
1987 Constitution to protect and promote the right of all citizens to quality education and make such
education accessible to all. (Ebralinag v. The Division Superintendent of Schools of Cebu, 1993)
Q: Several episodes of “Ang Dating Daan” were X-rated by the MTRCB for being offensive against
other religions, which is expressly prohibited by law – due to its contrary biblical interpretations and
attacks contrary beliefs. “Ang Dating Daan” contended that it was merely exercising its right as a
religion. Resolve.
A: The exercise of religious freedom includes the right to disseminate religious information. The Board
ruling clearly suppresses petitioner’s freedom of speech and interferes with its right to free exercise of
religion. (Iglesia ni Cristo v. Court of Appeals, 1996)
Q: Explain the clear and present danger rule.

A: The test to determine whether freedom of expression may be limited is the clear and present danger of
an evil of a substantive character that the State has a right to prevent. Such danger must not only be clear
but must also be present. There should be no doubt that what is feared may be traced to the expression
complained of. The causal connection must be evident. Also, there must be reasonable apprehension about
its imminence. The time element cannot be ignored. Nor does it suffice if such danger be only probable.
There is the requirement of its being well-nigh inevitable. (Gonzalez v. Chairman Katigbak, 1985)
Q: Explain the compelling state interest test.

A: This is the test under the benevolent neutrality doctrine to test where conduct of a religious belief is
involved. It should be checked whether the government action has created a burden on the free exercise,
whether there is a compelling state interest to justify the infringement, and whether the means to achieve
the legitimate state interest are the least intrusive (Estrada v. Escritor, 2003).
Q: Explain the conscientious objector test.

Animo Notes 2018
A: In case of conflict between the religious beliefs and moral convictions of individuals, on one hand, and
the interest of the State, on the other, to provide access and information on reproductive health products,
services, procedures and methods to enable the people to determine the timing, number and spacing of the
birth of their children, the Court is of the strong view that the religious freedom of health providers,
whether public or private, should be accorded primacy. Accordingly, a conscientious objector should be
exempt from compliance with the mandates of the RH Law. If he would be compelled to act contrary to his
religious belief and conviction, it would be violative of "the principle of non-coercion" enshrined in the
constitutional right to free exercise of religion (Imbong v. Ochoa, 2014)
LIBERTY OF ABODE AND FREEDOM OF MOVEMENT
Q: Explain the concept of liberty of abode and freedom of movement.

A: The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law (Sec. 6, Art. III)
Q: Explain the rules on watch-list and hold departure orders.

A: Watch list orders are issued against any accused in criminal cases or against any person with a pending
case in the DOJ. The HDO is issued against an accused in criminal cases, aliens, and any person motu proprio
by the Secretary of Justice or request of heads of departments, Constitutional Commissions, Congress or
Supreme Court. Both orders are issued by the Secretary of Justice (Dept. Circular No. 41, June 7, 2010)
Holding an accused in a criminal case within the reach of the courts by preventing his departure must be
considered as a valid restriction on his right to travel so that he may be dealt with in accordance with law.
(Silverio v. CA, 1991)
Q: Explain the rule on return to one’s country.

A: The right to return to one's country is independent from, although related to, the right to travel. The
President has the residual power to impair the right to return when such return poses threats to the
government. (Marcos v. Manglapus, 1989)
RIGHT TO INFORMATION
Q: What are the limitations on the right to information?

A:
(1) National security matters and intelligence information;
(2) Trade secrets and banking transactions;
(3) Criminal matters;
(4) Confidential information which includes domestic correspondence;
(5) Closed door cabinet meetings; and
(6) Executive sessions of either house of Congress and the internal deliberations of the Supreme Court
(Chavez v. PCGG, 1998)
Q: Explain the rules on access to court records.

A: It may be permitted at the discretion and subject to the supervisory and protective powers of the court,
after considering the actual use or purpose for which the request for access is based and the obvious
prejudice to any of the parties. In the exercise of such discretion, the following issues may be relevant:
"whether parties have interest in privacy, whether information is being sought for legitimate purpose or
for improper purpose; whether there is threat of particularly serious embarrassment to party; whether
information is important to public health and safety; whether sharing of information among litigants would
promote fairness and efficiency; whether party benefiting from confidentiality order is public entity or
official; and whether case involves issues important to the public.” (Hilado v. Judge Reyes, 2006)

Animo Notes 2018
Q: Explain the rules on right to information relative to government contract negotiation and diplomatic
negotiations.
A: Diplomatic negotiations have been recognized in our jurisdiction as privileged in character. Information
on inter-government exchanges prior to the conclusion of treaties and executive agreements may be subject
to reasonable safeguards for the sake of national interest (Chavez v. PCGG, 1998).
Secrecy of negotiations with foreign countries is not violative of the constitutional provisions of freedom
of speech or of the press nor of the freedom of access to information. The nature of diplomacy requires
centralization of authority and expedition of decision which are inherent in executive action. Another
essential characteristic of diplomacy is its confidential nature. (Akbayan v. Aquino, 2008)
RIGHT TO ASSOCIATION
Q: What is the right of association?

A: Every group has a right to join the democratic process, association itself being an act of expression of the
member's belief, even if the group offends the sensibilities of the majority. Any restriction to such requires
a compelling state interest to be proven by the State. (Ang Ladlad LGBT Party List v. COMELEC, 2010)
Q: Do public employees have a right of association?

A: Yes. Right of those employed in the public and private sectors to form unions, associations, or societies
for purposes not contrary to law shall not be abridged. (Sec. 8, Art. III, Const)
CONTRACT CLAUSE
Q: Explain the contemporary application of the contract clause.

A: When Non-Impairment Clause Prevails:
(1) Against power of taxation
(2) Regulation on loans
New regulations on loans making redemption of property sold on foreclosure stricter are not allowed to
apply retroactively. (Co v. Philippine National Bank, 1982)
To substitute the mortgage with a surety bond would convert such lien from a right in rem, to a right in
personam. This conversion cannot be ordered for it would abridge the right of the mortgagee under the
mortgage contract [and] would violate the non- impairment of contracts guaranteed under the
Constitution. (Guanzon v. Inserto, 1983)
LEGAL ASSISTANCE AND FREE ACCESS TO COURTS
Q: Explain the rules on legal assistance and free access to courts.

A: If the trial court finds that the applicant meets the income and property requirements, the authority to
litigate as indigent litigant is automatically granted and the grant is a matter of right.
However, if the trial court finds that one or both requirements have not been met, then it would set a
hearing to enable the applicant to prove that the applicant has no money or property sufficient and
available for food, shelter and basic necessities for himself and his family. In that hearing, the adverse party
may adduce countervailing evidence to disprove the evidence presented by the applicant; after which the

Animo Notes 2018
trial court will rule on the application depending on the evidence adduced. (Sps. Algura v. LGU Naga City,
2006)
RIGHTS OF SUSPECTS
Q: What are the rights of suspects?

A:
(1) Right to Remain Silent: Warning is needed to make the person under custodial investigation aware
of the existence of the right
(2) Right against Self-Incrimination: The warning of the right to remain silent must be accompanied
by the explanation that anything said can and will be used against the individual
(3) Right to Counsel: Counsel must be competent and independent, preferably of the subject's own
choosing. If he cannot afford one, he shall be provided with one.
Q: When are the rights available to persons suspected to have committed a crime?
A: When the person is already under custodial investigation, when custodial investigation involves any
questioning initiated by law enforcement, and during "critical pre-trial stages" in the criminal process
(Escobedo vs. Illinois, 1964).
RIGHTS OF THE ACCUSED
Q: Explain criminal due process.

A:
(1) The accused is heard by a court of competent jurisdiction;
(2) He is proceeded against the orderly process of law;
(3) Accused is given notice and opportunity to be heard (People v. Vera, 1937);
(4) Judgment rendered is within the authority of a constitutional law (Mejia v. Pamaran)
Q: Explain the rules on bail.

A: All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt
is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may
be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Further, excessive bail shall not be required, because right to bail can be rendered
useless by a bail bond set at an exorbitant amount.
Q: When is the grant of bail a matter of right?

All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on
recognize as prescribed by law or this Rule:
(1) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial
Court in Cities, or Municipal Circuit Trial Court, and
(2) Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment. (Sec. 4, Rule 114, Rules of Court)
Q: When is the grant of bail discretionary?

A: Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or
life imprisonment, admission to bail is discretionary. x x x x (Sec. 5, Rule 114, Rules of Court)
Q: Why was Enrile granted bail in Enrile vs. Sandiganbayan?

A: “In now granting Enrile’s petition for certiorari, the Court is guided by the earlier mentioned principal
purpose of bail, which is to guarantee the appearance of the accused at the trial, or whenever so required
by the court. The Court is further mindful of the Philippines’ responsibility in the international community
arising from the national commitment under the Universal Declaration of Human Rights to:

Animo Notes 2018
“x x x uphold the fundamental human rights as well as value the worth and dignity of every
person. This commitment is enshrined in Section II, Article II of our Constitution which provides:
“The State values the dignity of every human person and guarantees full respect for human rights.”
“This national commitment to uphold the fundamental

human rights as well as value the worth and dignity of every person has authorized the grant
of bail not only to those charged in criminal proceedings but also to extraditees upon a clear and
convincing showing: (1) that the detainee will not be a flight risk or a danger to the community;
and (2) that there exist special, humanitarian and compelling circumstances.
“With his solid reputation in both his public and his private lives, his long years of public service,
and history’s judgment of him being at stake, he should
be granted bail. The currently fragile state of Enrile’s health presents another compelling
justification for his admission to bail, but which the Sandiganbayan did not recognize.”
Q: Explain the presumption of innocence.

A: An accused is presumed innocent until proven guilty. An accused cannot present evidence before the
prosecution does so, even if the accused pleads guilty. (Alejandro v. Pepito, 1980)
Presumption of regularity in official duties cannot by itself prevail over the presumption of innocence of
the accused. But where it is not the sole basis for conviction, the presumption of regularity of performance
may prevail over the presumption of innocence (People v. Acuram, 2000)
Q: Explain the right to be heard.

A: In all criminal prosecutions, the accused shall enjoy the right to be heard by himself and counsel. This
includes the right to present evidence in one's defense, as well as the right to be present and defend oneself
in person at every stage of the proceedings. (Villareal v. People, 2012)
Q: Explain the rules on assistance of counsel.

A: It is the court’s duty to inform the accused of his right to counsel before arraignment. It must ask the
accused if he desires the services of counsel. If he does and is unable to get one, the court must give him
one. If he wishes to procure a private counsel, the court must give him time to obtain one. When there is
no lawyer available, the court may appoint any person resident of the province and of good repute.
Q: Explain the right to be informed.

A: The accused must be informed why he is being prosecuted and what charge he must meet (Vera v. People,
1937).
Q: Explain the right to speedy, impartial and public trial.

A: The right is available when proceeding is attended by vexatious, capricious and oppressive delays;
When unjustified postponements of the trial are asked for and secured; When without cause or justifiable
motive, a long period is allowed to elapse without the party having his case tried. (Tai Lim v. CA, 1999)
Q: Explain the right to confrontation.

A: For the purpose of giving the accused an opportunity to test the testimony of witnesses by cross-
examination and to allow the judge to observe the deportment of witnesses (Go, et al. v. The People of the
Philippines and Highdone Company, Ltd., et al., 2012), no testimony of a witness who has not submitted himself
to cross examination shall be admissible for lack of confrontation. This is a constitutional right anchored on
due process.
Q: Explain the rules on compulsory process.

Animo Notes 2018
A: The compulsory process involves the right to secure attendance of a witness, and the right to production
of other evidence. Before a subpoena duces tecum may issue, the following requisites must be present:
(a) The books, documents or other things must appear prima facie relevant to the issue subject to
controversy (test of relevancy)
(b) Such books must be reasonably described by the parties to be readily identified (test of
definiteness) (Roco v. Contreras, 2005)
Q: Explain the rules in trials in absentia.

A: Trial in Absentia can be done after arraignment when the accused failed to appear for trial despite
postponement and notes; his failure to appear is justified.
WRIT OF HABEAS CORPUS
Q: Define the Writ of Habeas Corpus.

A: It is defined as a writ directed to the person detaining another, commanding him to produce the body
of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do,
submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf.
WRITS OF AMPARO AND KALIKASAN
Q: Define the Writ of Amparo.

A: A remedy available to any person whose right to life, liberty, and security has been violated or is
threatened with violation by a public official or employee, or of a private individual or entity. (Sec. 1, Rule
on the Writ of Amparo, A.M. No. 07-9-12-SC)
Q: What is the purpose of a Writ of Amparo?

A: A Writ of Amparo was conceived to provide expeditious and effective procedural relief against violations
or threats of violation of the basic rights to life, liberty, and security of persons.
The privilege of the Writ of Amparo, is a remedy available to victims of extra-judicial killings and enforced
disappearances or threats of similar nature, regardless of whether the perpetrator of the unlawful act or
omission is a public official or employee or a private individual (Rubrico v. Arroyo).
Q: Define a Writ of Kalikasan?

A: It is a writ issued when a constitutional right to a balanced and healthful ecology is violated or
threatened with violation by an unlawful act or omission of a public official or employee, or private
individual or entity without involving environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces. (Rule 7, Rules of Procedure for
Environmental Cases, A.M. No. 09-6-8-SC)
Q: Must the petitioner for Writ of Kalikasan be directly affected by an environmental disaster?
A: No, the filing of a petition for the issuance of a Writ of Kalikasan under Sec. 1, Rule 7 of the Rules of
Procedure for Environmental Cases does not require that a petitioner be directly affected by an
environmental disaster. The rule clearly allows juridical persons to file the petition on behalf of persons
whose constitutional right to a balanced and healthful ecology is violated or threatened with violation.
(West Tower Condominium v. FPIC)
SELF-INCRIMINATION CLAUSE
Q: What does one’s right against self-incrimination entail?

Animo Notes 2018
A: It refers to testimonial evidence and does not apply to the production of a photocopy of the master plan
of Camp Aquino, because it is a public record. He cannot object to the request for him to confirm his custody
of the master plan, because he is the public officer who had custody of it.
Ordering the accused to produce a sample of his handwriting to be used as evidence, to prove that he is
the author of a letter in which he agreed to kill the victim is illegal as this will violate his right against self-
incrimination. (2006 Bar)  
Since the officials were not being subjected to a criminal penalty, they cannot invoke their right against self-
incrimination unless a question calling for an incriminating answer is propounded. (Gonzales v. Sec. of Labor,
1954)  
Subjecting the body of a person to physical examination and using the results as evidence against does not
violate the right against self-incrimination. (United States v. Tan Teng, 1912)
NON-IMPRISONMENT FOR NON-PAYMENT OF DEBTS
Q: Explain the provision on non-imprisonment for debts.

A: No one could be compelled to pay a debt under pain of criminal sanctions. No one could also substitute
the payment of debt through imprisonment or other criminal penalties.
DOUBLE JEOPARDY
Q: What are the requisites for double jeopardy?

A: The requisites of double jeopardy are:
(1) A valid indictment;
(2) Done before a court of competent jurisdiction;
(3) Arraignment of the accused;
(4) Valid plea entered by him;
(5) Acquittal or conviction of the accused or the dismissal or termination of the case against him
without his express consent.
Q: Explain the rules on motions for reconsideration and appeal.

A: The accused cannot be prosecuted a second time for the same offense and the prosecution cannot appeal
a judgment of acquittal. (Kepner v. US, 1904) Provided, that the judge considered the evidence, even if the
appreciation of the evidence leading to the acquittal is erroneous, an appeal or motion for reconsideration
by the prosecution will not be allowed. (People v. Judge Velasco, 2000)
No error, however, flagrant, committed by the court against the state, can be reserved by it for decision by
the Supreme Court when the defendant has once been placed in jeopardy and discharged even though the
discharge was the result of the error committed. (People v. Ang Cho, 1945)
A mere verbal dismissal is not final until written and signed by the judge. (Rivera, Jr. v. People, 1990)
EX POST FACTO LAWS AND BILLS OF ATTAINDER
Q: What is an ex post facto law?

A: An ex post facto law is one which aggravates a crime or makes it greater than when it was committed.

Animo Notes 2018
Q: What is a Bill of Attainder?
A: It is a legislative act which inflicts punishment without trial (Misolas v. Panga, 1990). Otherwise stated, a
legislative determination of guilt which serves as an encroachment on the power of the judiciary to
determine guilt.
Q: What are the cases of an ex post facto law.

A:
(1) One which makes an act done before the passage of the law a crime which was innocent when done
and punishes it;
(2) One which aggravates a crime or makes it greater than when it was committed;
(3) One which inflicts a greater punishment than the penalty when it was committed;
(4) One which alters the rules of evidence and receives less or different evidence than was required
when the crime was committed;
(5) One which assumes to regulate civil rights and remedies only but imposes a penalty or deprivation
of rights which was lawful when done;
(6) One which deprives a person accused of a crime of a lawful protection to which he was entitle,
such as amnesty and double jeopardy (Republic v. Eugenio Jr., 2008)
CITIZENSHIP
Q: Who are Filipino citizens?
A:
(1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution;
a. Those who are citizens under the Treaty of Paris;
b. Those declared citizens by judicial declaration applying jus soli (Tio Tam v. Republic, 1957);
c. Those naturalized in accordance with the law (Act 2927); and
d. Those who are citizens under the 1935 and 1973 Constitutions;
(2) Those whose fathers or mother are citizens of the Philippines;
(3) Those born before Jan. 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching
the age of majority;
(4) Those who are naturalized in accordance with law (Sec. 1, Art. IV, Const.).
Q: What are the modes of acquiring Filipino citizenship?

A: Philippine law follows the rules on jus sanguinis and provides for naturalization (Sec. 1, Art. IV, Const.).
Q: What are the modes of naturalization?

A:
(1) Administrative naturalization pursuant to RA 9139;
(2) Judicial naturalization pursuant to CA 473;
(3) Legislative naturalization in a form of a law enacted by Congress bestowing Philippine citizenship
to an alien (So v. Republic, 2007)
Q: Differentiate dual citizenship and dual allegiance.

A: As cited in Mercado v. Manzano, 1999:
Dual Citizenship Dual Allegiance

Animo Notes 2018
Arises when, as a result of the concurrent
Refers to the situation in which a person
application of the different laws of 2 or more
simultaneously owes, by some positive voluntary
states, a person is simultaneously considered a
act, loyalty to 2 or more states
national by those states
Involuntary Voluntary
Q: How may a person lose his citizenship?

A:
(1) By naturalization in a foreign country (Frivaldo v. COMELEC, 1989);
(2) By express renunciation of citizenship (Board of Immigration Commissioners v. Go Callano, 1968);
(3) By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country;
(4) By rendering service to or accepting commission in the armed forces of a foreign country;
(5) By cancellation of the certificate of naturalization;
(6) By having been declared by competent authority a deserter of the Philippine armed forces in time
of war;
(7) In case of a woman, upon her marriage, to a foreigner, if by virtue of the laws in force in the
husband’s country she acquires his nationality.
Q: How is citizenship reacquired?

A:
(1) By taking the oath of allegiance required of former natural-born Philippine citizens, who may have
lost their Philippine citizenship by reason of their acquisition of foreign citizenship (Sec. 1 RA 9225);
(2) By naturalization;
(3) By repatriation;
(4) By direct act of Congress.
Q: Who are natural-born citizens?

A:
(1) Those who are citizens of the Philippines from birth without having to perform any act to acquire
or perfect their Philippine citizenship; and
(2) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority.
Q: Are foundlings considered natural-born citizens?

A: Foundlings, as a class, are natural-born citizens. Under domestic law, the Constitution, specifically
provisions on the equal protection of laws and social justice, contradict the intent to discriminate against
foundlings. Domestic laws on adoption also support the principle that foundlings are natural-born citizens.
These laws do not provide that adoption confers citizenship upon the adoptee. Rather, the adoptee must
be a Filipino in the first place to be adopted. Under international law, foundlings are considered as natural
born citizens. Generally accepted principles of international law form part of the laws of the land, via the
incorporation doctrine. All of the international law conventions and instruments on the matter of
nationality of foundlings were designed to address the plight of their class, one which is not of their own
making. (Poe-Llamanzares v. COMELEC, 2016)
Q: What are the government officials required to be natural – born citizens?

A:
(1) President
(2) Vice-President
(3) Members of Congress
(4) Justices of the Supreme Court and lower collegiate courts
(5) Ombudsman and his deputies

Animo Notes 2018
(7) Members of the Central Monetary Authority
(8) Members of the Commission on Human Rights
Q: What is the effect of repatriation to citizenship?

A: Repatiration of Filipinos results in the recovery of the original nationality. Since petitioner was a natural-
born Filipino citizen before he lost his Philippine citizenship, he was restored to his former status as a
natural-born Filipino citizen.
LAW ON PUBLIC OFFICERS

Q: Who is a public officer?
A: A public officer is a person whose duties, not being of a clerical or manual nature, involves the exercise
of discretion in the performance of the functions of the government. When used with reference to a person
having authority to do a particular act or perform a particular function in the exercise of governmental
power, “officer” includes any governmental employee, agent, or body having authority to do the act or
exercise that function. (Sec. 2(14), EO 292)
Q: What are the elements of public office?

A: The elements are:
(1) It is created by law or by authority;
(2) Possess a delegation of portion of sovereign powers of government, for benefit of the public;
(3) Powers conferred and duties imposed are defined by Constitution, legislature, or by its authority;
(4) Duties performed independently and only controlled by law unless placed under general control
of superior office or body;
(5) Permanent or continuous (State Ex Rel. Barney v. Hawkins, 1927)
Q: Is public office a property right?

A: No, public office is not a property right, but a protected right. It cannot be taken from the incumbent
without due process. It is also protected by the right of security of tenure, which is guaranteed by the
Constitution. (Segovia v. Noel, 1925)
Q: What are the different modes and kinds of appointment?

A:
(1) Permanent v. Temporary Appointments
(2) Presidential Appointments
a. Appointments requiring CA Confirmation v. Appointments not requiring CA
confirmation
b. Regular v. Ad interim
Q: Who are the officers to be appointed by the president?

A: The following are appointed by the President:
(1) Heads of executive departments
(2) Ambassadors
(3) Other public ministers and consuls
(4) Officers of the armed forces from the rank of colonel or naval captain
(5) Other officers whose appointment are vested in him in the Constitution
a. Regular members of the Judicial and Bar Council
b. The Chairman and Commissioners of the Civil Service Commission
c. The Chairman and Commissioners of the Commission on Elections
d. The Chairman and Commissioners of the Commission on Audit
e. Members of the Regional Consultative Commission

Animo Notes 2018
(6) Officers whose appointments are not otherwise provided for by law
(7) Officers whom the President may be authorized by law to appoint
(8) Officers lower in rank whose appointments the Congress, by law, vested in the President. (Sec. 18,
Art. X, 1987 Constitution)
Q: Does acquisition of civil service eligibility translate to a permanent appointment?

A: No. Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically
translate to a permanent appointment. A new appointment which is permanent is necessary. (Province of
Camarines Sur v. Court of Appeals, 1995)
Q: What are the disqualifications to hold public office?

A:
(1) No candidate who has lost in any election shall, within one year after such election, be appointed
to any office in the Government or any government-owned or controlled corporations or in any of
their subsidiaries. (Sec. 6, Art. IX-B, Constitution);
(2) No elective official shall be eligible for appointment or designation in any capacity to any public
office or position during his tenure. (Sec. 7(1), Art. IX-B);
(3) No appointive official shall hold any other office or employment in the Government, unless
otherwise allowed by law or by the primary functions of his position. (Sec. 7(2), Art. IX-B);
(4) The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any other office or employment during
their tenure. (Sec. 13, Art. VII);
(5) No Senator or Member of the House of Representatives may hold any other office or employment
in the Government, or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected. (Sec. 13, Art. VI);
(6) The Members of the Supreme Court and of other courts established by law shall not be designated
to any agency performing quasi-judicial or administrative functions. (Sec. 12, Art. VIII)
Exception: When they are designated to an Electoral Tribunal (Macalintal v. PET, 2010)
(7) No Member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. (Sec. 2, Art. IX-A) The same disqualification applies to the Ombudsman and his
deputies. (Sec. 8, Art. XI);
(8) The Ombudsman and his deputies shall not be qualified to run for any office in the election
immediately succeeding their cessation from office. (Sec. 11, Art. XI);
(9) The Members of the Constitutional Commission and the Ombudsman and his deputies must not
have been candidates for any elective position in the elections preceding their appointment. (Sec.
1, Art. IX-B; Sec. 1, Art. IX-C; Sec. 1, Art. IX-D; Sec. 8, Art. XI)
(10) The Members of the Constitutional Commission and the Ombudsman and his deputies are
appointed to a term of 7 years without reappointment (Sec. 1(2), Art. IX-B; Sec. 1(2), Art. IX-C; Sec.
1(2), Art. IX-D; Sec. 11, Art. XI)
Q: When should the appointee possess the qualifications required by the office he seeks to occupy?
A: The reckoning point in determining the qualifications of an appointee is the date of issuance of the
appointment and not the date of its approval by the CSC or the date of resolution of the protest against it.
(Civil Service Commission v. De la Cruz, 2004)
Q: Who are required to file SALN?

A:
(1) President
(2) Vice-President
(3) Members of the Cabinet

Animo Notes 2018
(4) Members of the Congress
(5) Justices of the Supreme Court
(7) Other constitutional offices
(8) Officers of the Armed Forces with general or flag rank
Q: What are the duties of public officers?

A:
(1) To be accountable to the people, to serve them with utmost responsibility, integrity, loyalty, and
efficiency; to act with patriotism and justice; and to lead modest lives (Sec. 1, Art. XI, Constitution);
(2) To submit a declaration under oath of his assets, liabilities, and net worth upon assumption of
office and as often thereafter as may be required by the law (Sec. 17);
(3) To owe the State and the Constitution allegiance at all times (Sec. 18);
(4) Solicitor General’s duty to provide legal services to the Government, to its offices and
instrumentalities, and its officials and agents is mandatory (Gonzales v. Chavez, 1992);
(5) The Government is never estopped from questioning the act of its officials, more so if they are
erroneous or irregular. (Sharp International Marketing v. CA, 1991)
Q: What is the hold-over principle?

A: It is the principle which provides that even though a public officer’s term has expired or his services
terminated, he should continue holding his office until his successor is appointed or chosen and had
qualified. (Topacio Nueno v. Angeles, 1946)
Q: What is preventive suspension pending investigation?

A: It is not a penalty. It is a measure intended to enable the disciplining authority to investigate charges
against respondent by preventing the latter from intimidating or in any way influencing witnesses against
him. If the investigation is not finished and a decision is not rendered within that period, the suspension
will be lifted and the respondent will automatically be reinstated. If after investigation, respondent is found
innocent of the charges and is exonerated, he should be reinstated. (CSC v. Alfonso, 2009)
Q: What is preventive suspension pending appeal?

A: It is a part of the penalty. No back salaries shall be due for the period of preventive suspension pending
investigation but only for the period of preventive suspension pending appeal, in the event the employee
is exonerated. (Gloria v. CA, 1999)
Q: What is the nature and effect of preventive suspension?

A: It is not a penalty; hence, he cannot recover salaries during his preventive suspension. During the
preventive suspension, he was not yet out of service. However, he is entitled to backwages from the time
of his dismissal until his reinstatement. (Gloria v. Court of Appeals, 1999)
Q: Who exercises the power to impose preventive suspension?

A: Sec. 24 of RA 6770 grants the Ombudsman the power to impose preventive suspension up to 6 months.
This may be imposed without any notice or hearing. It is merely a preliminary step in an administrative
investigation and is not the final determination of the guilt of the officer concerned. (Garcia v. Mojica, 1999)
Q: What is the Doctrine of State Immunity?

A: As a general rule, the doctrine of state immunity applies to complaints filed against public officials for
acts done in the performance of their official duties. (Shauf v. Court of Appeals, 1990)
Exceptions:
(1) When the public official is charged in his official capacity for acts that are unlawful and injurious
to others;

Animo Notes 2018
(2) They are not exempt, in their personal capacity, from liability arising from acts committed in bad
faith;
(3) The public official is clearly being sued in his personal capacity, although the acts may have been
committed while he occupied a public position; and
(4) Suit to compel performance of official or restrain performance of an act.
Q: Differentiate liability from suability in reference to State immunity.

A:
Liability Suability
Refers to whether the State is to pay anything. State may be charged before a court
NOTE: If the State agrees to be sued, it’s not an assurance that it would be liable to answer the judgement.
Q: Who is a de facto officer?

A: It refers to one who is in possession of an office and who openly exercises its functions under the color
of an appointment or election, even though such appointment or election may be irregular. (Dimaandal v.
CoA, 1998)
De facto officers are entitled to emoluments attached to the office for actual services rendered. (Civil Liberties
Union v. Executive Secretary, 1991)
For one to be a de facto officer, the office must be validly created. (Tanada v. Sandiganbayan, 1995)
Q: Is a de facto officer, by right, entitled to receive the salaries and emoluments attached to the public
office he holds?
A: No. The general rule is that “the rightful incumbent of a public office may recover from an officer de facto
the salary received by the latter during the time of his wrongful tenure, even though he entered into the
office in good faith and under color of title.” In the question of compensation, it is the possession of title,
not of the office, which is decisive. A de facto officer, not having good title, takes the salaries at his risk and
must therefore account to the de jure officer for whatever amount of salary he received during the period
of his wrongful retention of the public office. (Monroy v. CA, 1967)
Exception: A de facto officer who possessed public office in good faith and discharged the duties pertaining
thereto is legally entitled to the emoluments of the office and may in appropriate action recover the salary,
fees, and other compensations attached to the office only in cases where there is no de jure officer. (Anino v.
Moserate, 2002)
Q: What are the institutions covered by the Civil Service Commission?

A: All branches, subdivisions, instrumentalities, and agencies of the government, including GOCCs with
original charters. (Sec. 2(1), Art. IX-B, Constitution)
While those GOCCs organized under the Corporation Code are not covered by the civil service law but by
the Labor Code. (PNOC-EOC v. Leogardo, 1989)
Q: What is the nature of the duty of the CSC?

A: It is ministerial in nature. It must be stressed that the law does not impose a rigid or mechanical standard
on the appointing power. The appointing person enjoys sufficient discretion to select and appoint
employees on the basis of their fitness to perform the duties and to assume the responsibilities of the
position to be filed. (Central Bank v. CSC, 1989)
Q: What is the rule on appointments to the Civil Service?

Animo Notes 2018
A: Appointments to the Career Service is to be determined as far as practicable by competitive examination.
For non-career Service, entrance on the bases other than those of the usual tests. Tenure is limited to a
period specified by law or which is coterminous with the appointing authority, or the duration of a
particular project.
Exception: When the position is a Policy Determining position, or when it primarily confidential, or highly
technical, the entrance examination requirement will not be required anymore.
Q: What are the personnel actions amounting to removal?

A:
(1) Shortening term
(2) Control does not extend to removal
(3) Demotion
(4) Denial of optional retirement and refusal to reinstate
Q: Can personnel be temporarily transferred?

A: Yes. But, while a temporary transfer or assignment of personnel is permissible even without the
employee’s prior consent, it cannot be done when the transfer is a preliminary step toward his removal or
is a scheme to lure him away from his permanent position, or designed to indirectly terminate his service,
or force his resignation. Such a transfer would in effect circumvent the provision which safeguards the
tenure of office of those who are in the Civil Service. (Hon. Gloria v. CA, 2000)
Q: Is impeachment the exclusive remedy to impeachable officers?

A: The Court held that impeachment is not an exclusive remedy by which an invalidly appointed or
invalidly elected impeachable official may be removed from office.
The language of Section 2, Article XI of the Constitution does not foreclose a quo warranto action against
impeachable officers. The principle in case law is that during their incumbency, impeachable officers cannot
be criminally prosecuted for an offense that carries with it the penalty of removal, and if they are required
to be members of the Philippine Bar to qualify for their positions, they cannot be charged with disbarment.
The proscription does not extend to actions assailing the public officer’s title or right to the office he or she
occupies. Even the PET Rules expressly provide for the remedy of either an election protest or a petition
for quo warranto to question the eligibility of the President and the Vice-President, both of whom are
impeachable officers.
Further, that the enumeration of “impeachable offenses” is made absolute, that is, only those enumerated
offenses are treated as grounds for impeachment, is not equivalent to saying that the enumeration likewise
purport to be a complete statement of the causes of removal from office. If other causes of removal are
available, then other modes of ouster can likewise be availed. To subscribe to the view that appointments
or election of impeachable officers are outside judicial review is to cleanse their appointments or election
of any possible defect pertaining to the Constitutionally-prescribed qualifications which cannot otherwise
be raised in an impeachment proceeding. To hold otherwise is to allow an absurd situation where the
appointment of an impeachable officer cannot be questioned even when, for instance, he or she has been
determined to be of foreign nationality or, in offices where Bar membership is a qualification, when he or
she fraudulently represented to be a member of the Bar. (Republic v. Sereno, 2018)
Q: Is it necessary to hold a trial-type proceeding in order to remove a public officer?

A: For appointive officials, a trial-type proceeding is not necessary. However, it is essential that they were
given an opportunity to be heard. (Samalio v. CA, 2005)
For elective officials, it is necessary to hold a trial-type hearing. An erring elective official has rights akin
to the constitutional rights of an accused. These rights are essentially part of procedural due process.

Animo Notes 2018
The local elective official has:
(1) The right to appear and defend himself in person or by counsel;
(2) The right to confront and cross-examine the witnesses against him; and
(3) The right to compulsory attendance of witness and the production of documentary evidence. (Joson
v. Executive Secretary, 1998)
Q: What is the mandate of the Ombudsman?

A: The Ombudsman and his deputies, as protectors of the people, are mandated to act promptly on
complaints filed in any form or manner against officers and employees of the Government or of any
subdivision, agency, or instrumentality thereof, including GOCCs. (Sec. 12, Art. XI, Constitution)
Q: Explain the rules regarding the investigative power of the Ombudsman?

A: The Ombudsman can investigate crimes or offenses committed by public officers which are not
connected with the performance of their duties.
Q: What is the disciplinary power of the Ombudsman?

A: The Ombudsman is vested with disciplinary authority over all elective and appointive officials of the
government. (Sec. 21, RA 6770)
Exceptions:
(1) Officials who may be removed only by impeachment, members of Congress, and the Judiciary.
(Sec. 21, RA 6770)
(2) Under Sec. 15(3) of the Ombudsman Act, the Ombudsman has the power to ensure compliance
with the imposition of penalty on public officers it finds at fault by virtue of its disciplinary
authority. (Office of the Ombudsman v. Madriaga, 2006)
Q: May an Ombudsman initiate its own investigation without a complaint being filed?
A: Yes. Both the Constitution and the Ombudsman Act of 1989 state that the Office of the Ombudsman may
undertake an investigation on complaint or on its initiative. (Dimaguya v. Ombudsman, 2006; Section 13, Art.
XI, Constitution; Sec. 15 (1) RA 6770)
Q: Explain judicial review in administrative proceedings in relation to the powers of the Ombudsman.
A: It is a remedy under Rule 43. However, decisions or resolutions of the Ombudsman in administrative
cases absolving the respondent of the charge or imposing upon him the penalty of public censure or
reprimand, suspension of not more than one month, or a fine equivalent to one month salary is final and
unappealable. (Agpalo, 2005)
Note: Section 14(2) of RA 6770 which states that “No court shall hear any appeal or application for remedy
against the decision or findings of the Ombudsman, except the Supreme Court, on pure question of law.”
was declared unconstitutional in Carpio-Morales v. CA (2005).
Q: Explain judicial review in penal proceedings in relation to the powers of the Ombudsman.
A: As a general rule, courts cannot review the exercise of discretion of the Ombudsman in prosecuting or
dismissing a criminal complaint filed before it. (Loquias v. Ombudsman, 2000)
Exception: When the Ombudsman’s findings are tainted with grave abuse of discretion. In all other cases,
the decision shall become final after the expiration of 10 days from receipt thereof by the respondent, unless
a MR or a petition for review is filed pursuant to Rule 43 (Agpalo, 2005)
Q: What is the role of the Sandiganbayan in respect with the accountability of public officers?
A: It exercises exclusive original jurisdiction over:

Animo Notes 2018
(1) The following crimes when committed by public officials and employees with a Salary Grade 27
or above;
(2) Violations of RA 3019 and 1379;
(3) Crimes committed by public officers and employees, RPC;
(4) Other offenses or felonies, committed in relation to their office;
(5) Civil and criminal cases in connection to E.O 1,2, 14 and 14-a, s. 1986
Q: Explain the concept of ill-gotten wealth.

A: Ill-gotten wealth means any asset, property, business enterprise or material possession of any person
within the purview of Section 2 hereof, acquired by him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates by any combination or series of the following means or
similar schemes:
(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the
public treasury;
(2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity in connection with any government
contract or project or by reason of the office or position of the public officer concerned;
(3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or government-owned or -
controlled corporations and their subsidiaries;
(4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other
form of interest or participation including promise of future employment in any business
enterprise or undertaking;
(5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests; or
(6) By taking undue advantage of official position, authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines.
Q: Is prescription a bar to the right to recover properties unlawfully acquired?

A: No, the right of the State to recover properties unlawfully acquired by public officials or employees,
from them or from their nominees or transferees, shall not be barred by prescription. (Sec. 5, Art. XI, 1987
Constitution)
Q: What is the term limit of elective local officials?

A: Three years, except barangay officials, and no such official shall serve for more than three (3) consecutive
terms.
Q: What is the effect of voluntary renunciation?

A: Voluntary renunciation of the office for any length of time shall not be considered as an interruption in
the continuity of his service for the full term for which he was elected.
ADMINISTRATIVE LAW
Q: Explain the concept of Administrative Law.
A: It is the branch of public law under which the executive department of the government, acting in a
quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of
promoting the well-being of the community.
Q: Define an administrative agency.

Animo Notes 2018
A: It refers to any of the various units of the government, including a department, bureau, office,
instrumentality, or government-owned or controlled corporation, or a local government or a distinct unit
therein. (Mactan Cebu v. Marcos, 1996)
Q: Distinguish instrumentality, bureau, and agency.

A: Instrumentality. It refers to any agency of the National Government, not integrated within the
department framework vested with special functions or jurisdiction by law, endowed with some if not all
corporate powers, administering special funds, and enjoying operational autonomy, usually through a
charter. This term includes regulatory agencies, chartered institutions and government-owned or
controlled corporations. (Sec. 2 (10), Administrative Code of 1987)
Bureau. It refers to any principal subdivision or unit of any department. For purposes of Book IV (of the
Administrative Code), this shall include any principal subdivision or unit of any instrumentality given or
assigned the rank of a bureau, regardless of actual name or designation, as in the case of department- wide
regional offices. (Sec. 2 (8), Administrative Code of 1987)
Agency. It refers to any of the various units of the Government, including a department, bureau, office,
instrumentality, or government-owned or controlled corporation, or a local government or a distinct unit
therein. (Sec. 2 (4), Administrative Code of 1987)
Q: How are administrative agencies created?

A:
(1) Constitutional provision;
(2) Legislative enactment;
(3) Court decision; or
(4) Body of rules, regulations, and orders issued by administrative agencies.
Q: What are the powers of administrative agencies?

A:
(1) Quasi-legislative/Rule-making power: It is the power to make rules and regulations which results
in delegated legislation that is within the confines of the granting statute and the doctrine of non-
delegability and separation of powers. (Holy Spirit Homeowners Association v. Secretary Defensor,
2006)
(2) Quasi-judicial/Adjudicatory Power: Proceedings partake of the character of judicial proceedings.
Administrative body is normally granted the authority to promulgate its own rules of procedure,
provided they do not increase, diminish, or modify substantive rights, and subject to disapproval
by the Supreme Court. The requisites of procedural due process must be complied with. (Sec. 5(5),
Art. VIII, Constitution)
Q: Distinguish quasi-legislative from quasi-judicial powers.

A:
Quasi-Legislative Quasi-Judicial
Operates on the future Operates based on past facts
Has particular application (applies only to the parties
Has general application
involved in a dispute)
Issuance pursuant to the exercise of quasi-
Issuance pursuant to the exercise of quasi- judicial
legislative power may be assailed in court
power may, as a rule, only be challenged in court with
without subscribing to the doctrine of
prior exhaustion of administrative remedies.
exhaustion of administrative remedies.
A valid exercise of quasi-legislative power does
A valid exercise of quasi-judicial power requires prior
not require prior notice and hearing (except
notice and hearing (except when the law requires it)
when the law requires it).

Animo Notes 2018
An issuance pursuant to the exercise of quasi- An issuance pursuant to the exercise of quasi- judicial
legislative power may be assailed in court function is appealed to the Court of Appeals via
through an ordinary action. petition for review (Rule 43).
Q: What are the tests for valid delegation of quasi-legislative power?

A:
(1) Completeness Test: The statute must be complete in all its terms and conditions when it leaves the
legislature such that when it reaches the delegate, the only thing he will have to do is to enforce it.
(Association of Phil. Coconut Desiccators v. Phil. Coconut Authority, 1998)
(2) Sufficient Standard Test: The statute fixes a standard, mapping out the boundaries of the agency’s
authority to which it must conform. The law must offer a sufficient standard to specify the limits
of the delegate’s authority, announce the legislative policy and specify the conditions under which
it is to be implemented. (Abakada v. Purisima, 2008)
Q: What are the different kinds of administrative rules and regulations?

A:
(1) Supplementary legislation, which would pertain to rules and regulations to fix details in execution
of the policy in the law;
(2) Interpretative legislation, which construes or interprets provisions of statues to be enforced, and
are binding to all concerned, unless changed.
Q: What is administrative due process?

A: In administrative due process, the essence of due process lies simply in the opportunity to explain one’s
side or to seek reconsideration of the action or ruling complained of. What is proscribed is the absolute lack
of notice and hearing (Office of the Ombudsman v. Coronel, 2006).
Q: Explain the concept of administrative res judicata.

A: As a general rule, res judicata only applies to judicial or quasi-judicial proceedings, and not to the
exercise of administrative powers which are non-litigious, and therefore summary in nature. However,
when an administrative proceeding takes on an adversary character, the doctrine of res judicata certainly
applies. (Heirs of Maximo Derla v. Heirs of Catalina Derla Vda. De Hipolito, 2011)
Q: Explain the fact finding, investigative, licensing, and rate fixing powers of administrative agencies.
A:
(1) Fact finding.
A statute may give to non-judicial officers: (1) The power to declare the existence of facts
which call into operation the statute’s provisions, and (2) May grant to commissioners and other
subordinate officers the power to ascertain and determine appropriate facts as a basis for procedure
in the enforcement of particular laws. Such functions are merely incidental to the exercise of power
granted by law to clear navigable streams of unauthorized obstructions.
(2) Investigative.
Administrative agencies’ power to conduct investigations and hearings, and make
findings and recommendations thereon is inherent in their functions as administrative agencies.
Findings of facts by administrative bodies which observed procedural safeguards (e.g. notice to
and hearing of parties, and a full consideration of evidence [i.e. supported by substantial evidence])
are accorded the greatest respect by courts.
(3) Licensing.
“License” includes the whole or any part of any agency permit, certificate, passport,
clearance, approval, registration, charter, membership, statutory exemption or other form of
permission, or regulation of the exercise of a right or privilege. “Licensing” includes agency process

Animo Notes 2018
involving the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation,
amendment, modification or conditioning of a license.
(4) Rate fixing.

The power to fix rates is a quasi- legislative function, meant to apply to all. The following
factors are considered in the fixing of rates: (1) present valuation of all the property of a public
utility, and (2) their fixed assets.
Q: Explain the Doctrine of Primary Administrative Action.

A: Courts will not intervene if the question to be resolved is one which requires the expertise of
administrative agencies and the legislative intent on the matter is to have uniformity in the rulings.
Q: What is the Doctrine of Exhaustion of Administrative Remedies?

A: When an adequate remedy is available within the Executive Department, a litigant must first exhaust
this remedy before he can resort to the courts. The purpose is to enable the administrative agencies to
correct themselves if they have committed an error. (Rosales v Court of Appeals, 1988)
Exceptions:
(1) The question involved is purely legal;
(2) The administrative body is in estoppel;
(3) The act complained of is patently illegal;
(4) There is an urgent need for judicial intervention;
(5) The claim involved is small;
(6) Grave and irreparable injury will be suffered;
(7) There is no other plain, speedy, and adequate remedy;
(8) Strong public interest is involved;
(9) The subject of the controversy is private law;
(10) The case involves a quo warranto proceeding (Sunville Timber Products, Inc. v. Abad, 1992);
(11) The party was denied due process (Samahang Magbubukid ng Kapdula, Inc. v. CA, 1999);
(12) The decision is that of the Department Secretary (Nazareno v. CA, 2000);
(13) Resort to administrative remedies would be futile (University of the Philippines Board of Regents v.
Rasul, 1991);
(14) There is unreasonable delay (Republic v. Sandiganbayan, 1999);
(15) The action involves recovery of physical possession of public land (Gabrito v. CA, 1988);
(16) The party is poor (Sabello v. DECS, 1989);
(17) The law provides for immediate resort to the court (Rullan v. Valdez, 1964);
(18) The property involved is private land (Obanana v. Cachopero, 128 SCRA 457); and
(19) The administrative action is patently illegal (Celestial v. Cachopero, 413 SCRA 409)
Q: Explain the Doctrine of Finality of Administrative Action.

A: Courts will not interfere with the act of an administrative agency before it has reached finality or it has
been completed. Without a final order or decision, the power has not been fully and finally exercised.
Q: Does the filing of a motion for reconsideration to raise lack of opportunity to be heard cure the
defect in procedural due process?
A: No. The general rule is that the filing of a motion for reconsideration cures the defect in procedural
due process because the process of reconsideration is itself an opportunity to be heard. However, the
mere filing of a motion for reconsideration cannot cure due process defect, especially if the motion was
filed precisely to raise the issue of violation of the right to due process and the lack of opportunity to be
heard on the merits remained. (Fontanilla v. COA, 2016)

Animo Notes 2018
ELECTION LAW
Q: Explain the concept of Suffrage.
A: It is the right to vote in the election of officers chosen by the people and in the determination of
questions submitted to the people. Includes within its scope: election, plebiscite, initiative and
referendum.
Q: Who are qualified to be voters?

A: Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are:
(1) at least eighteen years of age, and
(2) who shall have resided in the Philippines for at least one year and in the place wherein they
propose to vote for at least six months immediately preceding the election.
(3) No literacy, property, or other substantive requirement shall be imposed on the exercise of
suffrage. (Sec. 1, Art. V, Constitution)
Q: Who are disqualified to be voters?

A:
(1) Any person sentenced by final judgment to suffer imprisonment for not less than one year
(unless granted a plenary pardon or an amnesty), but right is reacquired upon the expiration of 5
years after service of sentence;
(2) Any person adjudged by final judgment of having committed any crime involving disloyalty to
the government or any crime against national security (unless restored to full civil and political
rights in accordance with law), but right is reacquired upon the expiration of 5 years after service
of sentence;
(3) Insane or incompetent persons as declared by competent authority.
Q: Does registration confer a right to vote?

A: No. Registration does not confer the right to vote. However, it is a condition precedent to the exercise
of the right. Registration is a regulation, not a qualification. (Yra v. Abaño, 1928)
Q: Is the right to vote a natural right?

A: No. The right to vote is not a natural right but is a right created by law. Suffrage is a privilege granted
by the State to such person or classes as are most likely to exercise it for the public good (People v. Corral,
1936).
Q: What is the remedy in case of approval or disapproval of application for registration?

A: A petition for Exclusion or Inclusion, whichever is applicable, may be filed by the aggrieved party
with the MTC of their respective city or municipality.
Q: What are the grounds for deactivation of registration?

A:
(1) Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless granted a
plenary pardon or an amnesty) 
Note: The right to vote is reactivated automatically upon the expiration of 5 years after the
service of sentence as certified by clerks of courts.
(2) Adjudged by final judgment for having committed any crime involving disloyalty to the duty
constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against
national security (unless restored to full civil and political rights in accordance with law)
Note: The right to vote is reactivated automatically upon the expiration of 5 years after the
service of sentence as certified by clerks of courts.
(3) Insane or incompetent persons as declared by competent authority

Animo Notes 2018
(4) Did not vote in the 2 successive preceding regular elections (excluding SK elections)
(5) Registration has been ordered excluded by the Court 6. Loss of Filipino citizenship (Sec. 27, R.A.
8189)
Q: Which court has jurisdiction over inclusion and exclusion proceedings?

A: It is the Municipal and Metropolitan Trial Courts which have original and exclusive jurisdiction over all
cases of inclusion and exclusion of voters in their respective cities or municipalities.
The decision of the Regional Trial Court of appeals pertaining to inclusions or exclusions from the list of
voters is unappealable. (2012 Bar)
The Supreme Court cannot be deprived of its jurisdiction to decide questions of law.
Q: Explain the jurisdiction of COMELEC over political parties.

A: The COMELEC’s powers and functions under Section 2, Article IX-C of the Constitution, "include the
ascertainment of the identity of the political party and its legitimate officers responsible for its acts.” The
COMELEC’s power to register political parties necessarily involved the determination of the persons who
must act on its behalf. Thus, the COMELEC may resolve an intra-party leadership dispute, in a proper case
brought before it, as an incident of its power to register political parties. (Atienza v. COMELEC, 2010)
Q: How are political parties registered?

A: In order to acquire juridical personality as a political party, to entitle it to the benefits and privileges
granted under the Constitution and the laws, and in order to participate in the party-lists system, the group
must register with the Commission on Elections by filing with the COMELEC not later than 90 days before
the election a verified petition stating its desire to participate in the party-list system as a national, regional,
sectoral party or organization or a coalition of such parties or organizations.
Q: What is a Certificate of Candidacy?

A: It is a statement of a person seeking to run for a public office certifying that he announces his candidacy
for the office mentioned and that he is eligible for the office mentioned and that he is eligible for the office,
the name of the political party to which he belongs if he belongs to any, and his post-office address for all
elections purposes being as well stated. (Sinaca v. Mula, 1999)
No person shall be eligible for any elective public office unless he files a sworn COC within the period fixed
by law. (Sec. 68, OEC)
Any vote in favor of a person who has not filed a COC or in favor of a candidate for any office for which
he did not present himself is void and is counted as a stray vote but it does not invalidate the whole ballot.
(Katigbak v. Mendoza, 1967)
Q: What is the consideration to the vote for a person who is not a candidate?
A: It will be considered as void and is counted as stray vote, but it does not invalidate the whole ballot.
(Katigbak v Mendoza, 1967)
Q: Who are qualified to run to be President and Vice-President of the Philippines?

A: Those who are:
(1) Natural-born citizen of the Philippines  
(2) Registered voter  
(3) Able to read and writer  
(4) At least 40 years of age at the day of election  
(5) Resident of the Philippines for at least 10 years  immediately preceding such election (Sec. 63,
Omnibus Election Code)  

Animo Notes 2018
Q: Who are qualified to run to be a Senator in the Philippines?
A:
(2) Registered voter  
(3) Able to read and write  
(4) At least 35 years of age at the day of election  
(5) Resident of the Philippines for at least 2 years  immediately preceding such election  
Q: Who are qualified to run to be a member of the House of Representatives?

A:
(2) Registered Voter  
(3) Able to read and write  
(4) At least 25 years of age at the day of the election  
(5) Resident of the same district for a period of not  less than 1 year immediately preceding such
election.  
Q: What are grounds for the disqualification of a candidate?

A:
(1) Any candidate who, in an action or protest in which he is a party is declared by final decision of a
competent court guilty of, or found by the Commission of having given money
or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions;
(2) Committed acts of terrorism to enhance his candidacy;
(3) Spent in his election campaign an amount in excess of that allowed by this Code;
(4) Solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(5) Violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall
be disqualified from continuing as a candidate, or if he has been elected, from holding the office.
Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to
run for any elective office under this Code, unless said person has waived his status as permanent resident
or immigrant of a foreign country in accordance with the residence requirement provided for in the election
laws. (Sec. 68, Omnibus Election Code)
Q: What is the effect of filing a certificate of candidacy?

A: Under Resolution No. 8678, the following are the effects of filing a certificate of candidacy:
(1) Any person holding a public appointive office or position including active members of the Armed
Forces of the Philippines, and other officers and employees in government-owned or controlled
corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate
of candidacy.
(2) Any person holding an elective office or position shall not be considered resigned upon the filing
of his certificate of candidacy for the same or any other elective office or position.
Q: What is the rule on substitution of candidates?

A: If after the last day for filing of the certificates of candidacy, an official candidate of a registered political
party (a) dies, (b) withdraws or (c) is disqualified for any cause, he may be substituted by a candidate
belonging to and nominated by the same political party. No substitution shall be allowed for any
independent candidate. (Recabo, Jr. v. COMELEC, 1999)
Q: Is the duty of the COMELEC to receive the certificate purely ministerial?

Animo Notes 2018
A: The COMELEC shall have the ministerial duty to receive and acknowledge receipt of the certificates of
candidacy provided said certificates are: under oath and contain all the required data and in the form
prescribed by the Commission. The COMELEC has no discretion to give or not to give due course to a
certificate of candidacy filed in due form. While the COMELEC may look into patent defects in the
certificate, it may not go into matters not appearing on their face. (Abcede v. Imperial, 1958)
Exceptions: COMELEC may go beyond the face of the certificate of candidacy if it involves:
(1) Nuisance candidates; or
(2) Petition to deny due course to or cancel a certificate of candidacy.
The Court also recently held that even without a petition to deny course to or cancel a certificate of
candidacy, the COMELEC is under a legal duty to cancel the COC of anyone suffering from the accessory
penalty of perpetual special disqualification to run for public office by virtue of a final judgment of
conviction. The final judgment of conviction is notice to the COMELEC of the disqualification of the convict
from running for public office. (Jalosjos v. COMELEC, 2012)
Q: Who are nuisance candidates?

A: It refers to a person who files a certificate of candidacy that was meant to:
(1) To put the election process in mockery or disrepute; or
(2) To cause confusion among the voters by the similarity of the names of the registered candidates;
or
(3) To clearly demonstrate that the candidate has no bona fide intention to run for the office for which
the certificate of candidacy has been filed and thus prevent a faithful determination of the true will
of the electorate. (Sec 69, BP 881)
Q: What is the effect of disqualification?

A: Disqualification does not void a COC, i.e. the candidate is merely prohibited from continuing as a
candidate. In contrast, Cancellation results in the COC being void ab initio, i.e. the person was never a valid
candidate.
Q: What is the effect of withdrawal of candidates?

A:
(1) Filing or withdrawal shall not affect whatever civil, criminal or administrative liabilities which a
candidate may have incurred. (Sec. 73, B.P. 881)
(2) Substitution: If the candidate who withdraws is the official candidate of a registered or accredited
political party, “the same political party may file a certificate of candidacy to replace the
candidate.” The substitute must file his COC not later than mid-day of election day. (Sec. 77, B.P.
881)
Q: Distinguish cancellation and withdrawal of certificate of candidacy.

A:
Withdrawal Cancellation
Grounds
A person who has filed a certificate of candidacy 1. False material representation in the certificate of
may, prior to the election, withdraw the same by candidacy;
submitting to the office concerned a written 2. If the certificate filed is a substitute Certificate of
declaration under oath. Candidacy, when it is not a proper case of
substitution under Sec. 77 of BP 881.
Effect of filing or withdrawal of a certificate of Procedure
candidacy: shall not affect whatever civil, Who may file: any citizen of voting age, or a duly
criminal or administrative liabilities which a registered political party, organization, or coalition of
candidate may have incurred. (Sec. 73, BP 881) political parties

Animo Notes 2018
When filed: Within 5 days from the last day for the filing
of certificates of candidacy
Q: Define premature campaigning.

A: Any election campaign or partisan political activity for or against any candidate outside the campaign
period. This is an election offense. (Sec. 80, BP 881)
Q: What are prohibited contributions during campaigns?

A: No contribution for purposes of partisan political activity shall be made directly or indirectly by any of
the following:
(1) Public or private financial institutions: Provided, however, that nothing shall prevent the making
of any loan to a candidate or political party by any such public or private financial institutions
legally in the business of lending money, and that the loan is made in accordance with laws and
regulations and in the ordinary course of business;
(2) Natural and juridical persons operating a public utility or in possession of or exploiting any natural
resources of the nation;
(3) Natural and juridical persons who hold contracts or sub-contracts to supply the government or
any of its divisions, subdivisions or instrumentalities, with goods or services or to perform
construction or other works;
(4) Natural and juridical persons who have been granted franchises, incentives, exemptions,
allocations or similar privileges or concessions by the government or any of its divisions,
subdivisions or instrumentalities, including government-owned or controlled corporations;
(5) Natural and juridical persons who, within one year prior to the date of the election, have been
granted loans or other accommodations in excess of P100,000 by the government or any of its
divisions, subdivisions or instrumentalities including government-owned or controlled
corporations;
(6) Educational institutions which have received grants of public funds amounting to no less than
P100,000.00;
(7) Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and
(8) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities
enumerated herein. (Sec 95, BP 881)
Q: Explain the limitation on campaign expenses.

A: For candidates, the President and VP can spend Php10 for every voter currently registered, while other
candidates shall spend Php3 for every voter currently registered in the constituency where he filed his
certificate of candidacy. For candidates without a political party, the limit is Php5 per voter. For political
parties, Php5 for every voter currently registered in the constituency or constituencies where it has official
candidates
Q: Explain the rule on the statement of contributions and expenses.

A: Every candidate and every treasurer of the political party shall file in duplicate with the COMELEC the
full, true, and itemized statement of all contributions and expenditures in connection with the election
within 30 days after the day of election. Failure to file prohibits the person, except candidates for elective
barangay office, to enter upon the duties of his office and shall be liable to pay an administrative fine from
Php1,000 – Php30,000. (Sec 107, BP 881).
Q: Who has jurisdiction over a petition not to give due course to or cancel a certificate of candidacy?
A: The COMELEC may motu proprio or upon a verified petition of an interested party, refuse to give due
course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the

Animo Notes 2018
election process in mockery or disrepute or to cause confusion among the voters by the similarity of the
names of the registered candidates or by other circumstances or acts which clearly demonstrate that the
candidate has no bona fide intention to run for the office for which the certificate of candidacy has been
filed and thus prevent a faithful determination of the true will of the electorate. (Sec. 69, BP 881)
Q: Define a petition for disqualification. Who has jurisdiction?

A: Any candidate who, in an action or protest in which he is a party is declared by final decision of a
competent court guilty of, or found by the Commission of having:
(1) Given money or other material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions;
(2) Committed acts of terrorism to enhance his candidacy;
(3) Spent in his election campaign an amount in excess of that allowed by this Code;
(4) Solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(5) Violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall
be disqualified from continuing as a candidate, or if he has been elected, from holding the office.
Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to
run for any elective office under this Code, unless said person has waived his status as permanent resident
or immigrant of a foreign country in accordance with the residence requirement provided for in the election
laws. (Sec 68, BP 881)
Q: What are the grounds for failure of election?

A: The following are the grounds:
(1) The election in any polling place has not been held on the date fixed on account of force majeure,
violence, terrorism, fraud or other analogous causes;
(2) The election in any polling place has been suspended before the hour fixed by law for the closing
of the voting on account of force majeure, violence, terrorism, fraud or other analogous causes; or
(3) After the voting and during the preparation and transmission of the election returns or in the
custody or canvass thereof, such election results in a failure to elect on account of force majeure,
violence, terrorism, fraud or other analogous causes. (Mutilan v. COMELEC, 2007)
Q: Define a pre-proclamation controversy.

A: A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the
board of canvassers which may be raised by any candidate or by any registered political party or coalition
of political parties before the board or directly with the Commission, or any matter raised under Sections
233 (delayed, lost or destroyed election returns), 234 (material defects in election returns), 235 (Tampered
with, altered or falsified election returns) and 236 (discrepancies in election returns) in relation to the
preparation, transmission, receipt, custody and appreciation of the election returns.
Q: When are pre-proclamation controversies not allowed?

A: When the pre-proclamation controversy is on matters relating to the preparation, transmission, receipt,
custody and appreciation of the election returns or the certificates of canvass of the President, Vice
President, Senator, Member of the House of Representatives.
Q: Can a candidate appeal on the rulings of the COMELEC on pre-proclamation controversies?

A: No. No pre-proclamation controversies regarding the appreciation of election returns and certificates of
canvass may be entertained in elections for members of the House of Representatives. The canvassing body
may correct manifest errors in the certificate of canvass.
His recourse is to file a regular election protest before the House of Representatives Electoral Tribunal.
(Pimentel v. Commission on Elections, 2008; Sec. 15, RA. 7166, as amended by R.A. 9369)

Animo Notes 2018
Q: Define an election protest.
A: It refers to an election contest involving the election and returns of municipal elective officials, grounded
on fraud or irregularities committed in the conduct of the elections, i.e., in the casting and the counting of
the ballots, in the consolidation of votes and in the canvassing of returns, not otherwise classified as a pre-
proclamation controversy cognizable by the COMELEC. The issue is who obtained the plurality of valid
votes cast.
Q: What is the preferential disposition of election offenses?

A:
(1) Investigation and prosecution of election offenses shall be given priority by the COMELEC. The
investigating officer shall resolve the case within five (5) days from submission.
(2) The courts shall likewise give preference to election offenses over all other cases, except petitions
for a writ of habeas corpus. Cases shall be decided within thirty (30) days from submission. (Sec.
269, B.P. 881)
Q: Who has jurisdiction over election contests?

A:
(1) MeTC or MTC has jurisdiction over election contests involving barangay officials
(2) RTC has jurisdiction over contests involving municipal officials
(3) COMELEC has jurisdiction over all contest relating to the election returns and qualification of all
elective regional, provincial and city officials
(4) HRET has jurisdiction over election contests involving members of the House of Representatives
(5) SET has jurisdiction over contests involving members of the Senate
(6) PET has jurisdiction over election contests involving presidential and vice-presidential candidates
Q: What is a petition for quo warranto in relation to election cases?

A: A petition for quo warranto under the Omnibus Election Code raises in issue the disloyalty or ineligibility
of the winning candidate. It is a proceeding to unseat the respondent from office but not necessarily to
install the petitioner in his place. (Samad v. COMELEC, 1993)
Q: Who has jurisdiction over petitions for quo warranto in election cases?
A: It is the COMELEC who has jurisdiction over petitions for quo warranto involving regional, provincial
and city officials. On the other hand, it is the RTC who has jurisdiction over petitions for quo warranto
involving municipal and barangay officials.
Q: Can the Supreme Court give due course to a petition for quo warranto against a public officer who is
an impeachable officer?
A: Yes. A quo warranto proceeding is a legal remedy to determine the validity and eligibility of the
appointment or election of an officer. The cause of action lies on the usurping, intruding, or unlawfully
holding or exercising of a public office, while in impeachment, it is the commission of an impeachable
offense. An impeachment proceeding tries an officer’s culpability of an offense that can result in
impeachment.
Section 5, Article VIII of the Constitution states that the Supreme Court has original jurisdiction over
petitions for quo warranto. This jurisdiction is concurrent with the Court of Appeals and the Regional Trial
Court. Furthermore, Section 7, Rule 66 of Rules of Court provides that the venue for an action for quo
warranto is in the RTC of Manila, CA, or SC when commenced by the Solicitor General.
Furthermore, the language of Section 2, Article XI of the Constitution does not foreclose a quo warranto
action against impeachable officers: “[T]he Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office ...” The provision uses
the permissive term “may” which, in statutory construction, denotes discretion and cannot be construed

Animo Notes 2018
as having a mandatory effect. An option to remove by impeachment admits of an alternative mode of
effecting the removal, which includes a quo warranto proceeding. (Republic v. Sereno, 2018)
Q: Distinguish an Election Protest from a Quo Warranto.

A:
Election Protest Quo Warranto
A losing candidate for the Any registered voter in the
same office for which the constituency where the winning
Who May File
winner filed his certificate of candidate sought to be disqualified
candidacy. ran for office.
a. Whether one received the
majority votes which were
W/N the candidate who was
legally cast; and
proclaimed and elected should be
Issues b. Whether there were
disqualified because of ineligibility or
irregularities in the conduct of
disloyalty to the Philippines.
the election which affected the
results.
Q: How are election offenses prosecuted?

A: As a general rule, Regional Trial Courts have exclusive original jurisdiction to try and decide any
criminal actions or proceedings for violation of election laws. (Sec. 268, BP 881)
Exception: MTC can exercise jurisdiction only over offenses relating to failure to register or to vote.
Q: When should election offenses be filed?

A: Election offenses should be filed within 5 years from the date of their commission, otherwise the same
prescribe.
If the discovery of the offense be made in an election contest proceeding, the period of prescription shall
commence on the date on which the judgment in such proceedings becomes final and executor (Sec. 267,
Omnibus Election Code).
Q: What are the salient features of the Election Automation Law?

A:
(1) Authorizes COMELEC to use an automated election system for the process of voting, counting of
votes and canvassing/consolidation of results of the national and local elections;
(2) The law provides specific criteria on the features of the System;
(3) The law provides the process of procurement of the system. It starts with consultation with the
DOST;
(4) The law appropriates funds necessary to carry out the provisions for continuous implementation
Q: Compare and contrast the composition and jurisdiction of the PET, SET and the HRET.
A:
HRET SET PET
Cases on Election Contests,
All contests relating to
Qualifications, and Returns of Cases on Election
the election, returns,
members of the House of Contests, Qualification,
Jurisdiction and qualifications of the
Representatives-- both district and Returns of the
President or Vice-
and party-list representatives Senate Members
President
(Lico v. Commission on Elections)
3 Supreme Court justices 3 Supreme Court Sitting en banc or in
Composition
justices divisions (Rule 2, 2010

Animo Notes 2018
6 members of the House chosen Rules of the Presidential
on the basis of proportional 6 members of the Senate Electoral Tribunal)
representation from parties (Sec. chosen on the basis of
17, Art. VI, Constitution) proportional
representation from
parties (Sec. 17, Art. VI,
Constitution)
Q: What are the qualifications of party-list nominees?

A: Under RA 7941, Party-list System Act Sec. 9, the following are the qualifications:
(1) Natural-born citizen of the Philippines
(2) a registered voter
(3) a resident of the Philippines for a period of not less than one (1) year immediately preceding the
day of the election
(4) able to read and write
(5) bona fide member of the party or organization which he seeks to represent for at least ninety (90)
days preceding the day of the election
(6) at least twenty-five (25) years of age on the day of the election.
(7) In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than
thirty (30) years of age on the day of the election. Any youth sectoral representative who attains
the age of thirty (30) during his term shall be allowed to continue until the expiration of his term.
Q: Who may file a case for the disqualification of a candidate?

A: Any citizen of voting age, or any duly registered political party, organization or coalition of political
parties.
Q: What is the period to decide a case for disqualification of a candidate?

A: The Commission and the courts shall give priority to cases of disqualification by reason of violation of
this Act to the end that a final decision shall be rendered not later than seven (7) days before the election in
which the disqualification is sought. (Sec. 72, BP 881)
Q: Is voluntary renunciation for any length of time considered as an interruption?

A: No. It shall not be considered as an interruption in the continuity of his service for the full term for which
he was elected.
LOCAL GOVERNMENTS
Q: Define a public corporation.
A: A public corporation is one formed or organized for the government of a portion of the state. (Act No.
1459)
Q: Distinguish a public corporation from a government owned or controlled corporation.

A:
PUBLIC CORPORATION GOCC (Government-Owned or Controlled
Corp)

Animo Notes 2018
Formed by the State through charters by the Formed under either the Corporation Code or
legislature – special act or general act special charter
Formation under special charters in the interest

of common good and subject to economic
viability
Public entity Private entity
Governed by the legislative charters creating Governed by the special laws creating them and
them the Corporation Code
Government control through legislative charters Government control through stock ownership
(stock) or membership (non-stock)
Q: What are two classifications of public corporations?

A:
(1) Quasi Corporations. These are corporations created as agencies of State for narrow and limited
purpose.
(2) Municipal Corporations. These are political and corporate bodies constituted by incorporation
of inhabitants of city or town for purposes of local government or as agency of State to assist in
civil government of the country. It is one formed and organized for the government of a portion
of the State.
Q: What are the elements of a municipal corporation?

A:
(1) A legal creation or incorporation;
(2) A corporate name by which the artificial personality or legal entity is known and in which all
corporate acts are done;
(3) Inhabitants constituting the population who are invested with the political and corporate power
which are executed through duly constituted officers;
(4) A place or territory within which the Local Civil Government and corporate functions are
exercised.
Q: What are the nature and functions of a municipal corporation?

A: A “body politic and corporate constituted by the incorporation of the inhabitants for purposes of local
government thereof; it is established by law partly as an agency of the state to assist in the civil government
of the country, but chiefly to regulate and administer the local or internal affairs of the city, town or district
which is incorporated.
Public or Governmental (Political) Private or Corporate (Proprietary)
Definition An agent of the state for the Acts in a similar category as a business
government of the territory and the corporation, performing functions not
inhabitants within the local government strictly governmental or political.
limits.

Animo Notes 2018
Purpose To exercise a part of the sovereignty of For the special benefit and advantage of
the state through delegation (executive, the community
legislative, judiciary)
Example Establishment and operation of Establishment of markets and slaughter

schools; regulations against fire and houses; operation of telephone system;
diseases; operation of ferry service
Preservation of public peace
Q: What is the dual purpose of Local Government Units

A: Every LGU created under this Code is a body politic and corporate. It shall exercise powers both as a
political subdivision of the National Government, and as a corporate entity representing the inhabitants of
its territory. (Sec. 15, LGC)
Governmental/ Political Function Corporate/ Proprietary
Exercised in the administration of powers of the Exercised for the special benefit and advantage
state and for promotion of public welfare (Torio of the community (Torio v. Fontanilla, 1978)
v. Fontanilla, 1978)
Legislative, judicial, public, and political Ministerial, private, and corporate
LGU not liable except if: Can be held liable ex contractu or ex delicto;
(1) Statute provides otherwise;
(2) Damages due to defective condition of
roads, streets, buildings, and other
public works (Art. 2189, Civil Code)
Examples: Examples:
(1) Regulations against fire, disease; (1) Municipal waterworks, markets, wharves,
(2) Preservation of public peace; fisheries;
(3) Establishment of schools, public offices, (2) Maintenance of parks, golf courses,
etc. cemeteries;
Q: What are the requisites for the creation, conversion, division, merger, or dissolution of municipal
corporations?
A:
Creation 1. Law
2. Plebiscite
3. Compliance with Criteria on Income, Land Population
Conversion 1. Law
2. Plebiscite
3. Compliance with Criteria on Income, Land Population

Animo Notes 2018
Division Division and merger shall comply with the same requirements prescribed for
the creation of an LGU. (Sec. 8, LGC)
Merger Division and merger shall comply with the same requirements prescribed for
the creation of an LGU. (Sec. 8, LGC)
Dissolution 1. Law abolishing the municipal corporation

2. Income population, or land area has been irreversibly reduced to
less than the minimum standard
Q: What are the requisites of a de facto municipal corporation?

A:
(1) Apparently valid law under which the corporation may be formed;
(2) Attempt in good faith to organize the corporation;
(3) Colorable compliance with law; and
(4) Assumption of corporate powers. (Municipality of Malabang v. Benito, 1969)
Q: What is a municipal corporation by estoppel?

A: A municipal corporation by estoppel is a corporation which is so defectively formed as not to be a de
facto corporation but is considered a corporation in relation to someone who dealt with it and acquiesced
in the exercise of its corporate functions or entered into a contract with it. (2010 Bar)
Q: Explain the principle of local autonomy.

A: Enable LGUs to attain their fullest development as self-reliant communities and make them more
effective partners in the attainment of national goals. The State shall provide for a more responsive and
accountable local government structure instituted through a system of decentralization whereby local
government units shall be given more powers, authority, responsibilities, and resources. (Sec. 2, LGC)
The Constitution provides that the internal revenue allotment of the local government must be
automatically released to them. (Sec. 6, Art. X, Constitution)
Q: Distinguish administrative decentralization from political decentralization

A:
Administrative Decentralization Political Decentralization
The central government delegates administrative Involves abdication of political power in favor of
powers to political subdivisions in order to LGU’s declared autonomous
broaden the base of government power.
Q: What are the forms of decentralization:

(1) Devolution- It is the transfer of power and authority from the national government to LGUs as the
territorial and political subdivisions of the State.
(2) Deconcentration – It is the transfer of power, authority or responsibility, or the discretion to plan,
decide and manage from central point or local levels, but within the central or national government
itself.
Q: What are the powers of the Local Government?

Animo Notes 2018
A:
(1) Police Power
(2) Eminent Domain
(3) Taxation
(4) Legislative Power
(5) Corporate Powers
(a) To sue and be sued
(b) To acquire and sell property
(c) To enter into contracts
Q: Is police power inherent upon local governments?

A: No. Police power is lodged primarily in the National Legislature which may delegate this power to municipal
corporations or local government units. Congress delegated police power to the local government units under the
General Welfare Clause in Sec. 16 of the LGC. Once delegated, the agents can exercise only such legislative powers as
are conferred on them by the national lawmaking body.
Requisites:
(1) Express grant by law;
(2) Interest of public requires the interference of the state;
(3) Means employed reasonably necessary and not unduly oppressive;
(4) Exercisable within territorial limits of LGU, except protection of water supply; and
(5) Not contrary to the Constitution and other laws.
Q: What are the limitations on the exercise of Police Power by LGUs

A:
(1) Limitations laid down by the Constitution and the laws such as our Civil Code. The General
Welfare clause cannot be used to justify an act not authorized by law.
(2) The exercise must pass the test of a valid ordinance.
(3) Territoriality – “within their respective territorial jurisdiction” (Sec. 16, LGC)
Q: Enumerate the requisites for the power to exercise of eminent domain by LGUs.
A:
(1) Exercised through the local chief executive;
(2) Through an ordinance;
(3) For public use, purpose, or welfare for the benefit of the poor and the landless;
(4) Payment of just compensation;
(5) A valid and definite offer to buy was made and was not accepted. (Sec. 19, LGC)
Q: What is the scope of the LGUs taxing power?

A: Only limitations established by Congress can define and limit the powers of local governments. (Sec. 5,
Art. X, Constitution)
Q: What are the governing principles governing taxing powers of the LGUs?
A:
(1) Uniformity within the territorial jurisdiction
(2) Equitable – as far as practicable on the ability to pay; for public purposes; not unjust, excessive,
oppressive or confiscatory; not contrary to law, public policy, national economic policy, or in
restraint of trade
(3) Shall not be left to any private person
(4) Solely for the benefit of the LGU
(5) Progressive (Sec 130, LGC)

Animo Notes 2018
Q: What are the requisites for Temporary Closure of Roads?
A: For there to be temporary closure, there must be:
(1) A valid ordinance;
(2) May be done due to:
(a) Actual emergency;  
(b) Fiesta celebrations;
(c) Public rallies;
(d) Agricultural or industrial fairs; or
(e) Undertaking of public works and highways, telecommunications, and waterworks projects;  
(3) Duration of closure must be specified by the by the local chief executive in a written order; and  
(4) If for the purpose of athletic, cultural, or civil activities, these must be officially sponsored,
recognized, or approved by the local government. (Sec. 21, LGC)
Note: A City, Municipality, or Barangay may also temporarily close and regulate the use of any local street,
road, thoroughfare or any other public place where shopping malls, Sunday, flea or night markets, or
shopping areas may be established for the general public. (Sec. 21(d), LGC)
Q: What are the requisites for Permanent Closure?

A: For there to be permanent closure of roads:
(1) Via ordinance approved by at least 2/3 of all members of the Sanggunian;
(2) When necessary, an adequate substitute for the public facility that is subject to closure should be
provided;  
(3) Such ordinance must have provisions for the maintenance of public safety therein; and
(4) If a freedom park is permanently closed, there must be a provision for its transfer or relocation to
a new site. (Sec. 21(a), (b), LGC)
Note: Such property permanently withdrawn from public use may be used or conveyed for any purpose
for which other real property belonging to the LGU may be lawfully used or conveyed. (Sec. 21(b), LGC)
Q: What are the rules on local initiative?

A: It is a legal process whereby the registered voters of an LGU may directly propose, enact, or amend an
ordinance. (Sec. 120, LGC) It is exercised by all registered voters of the provinces, cities, municipalities, and
barangays. (Sec. 121, LGC)
Effectivity: 15 days after Certification by the COMELEC that the proposition is approved by a majority of
the votes cast. (Sec. 123, LGC)
Limitations on Power of Initiative:

(1) Local initiative shall not be exercised more than once a year;
(2) Initiative shall extend only to subjects or matters which are within the legal powers of the
Sanggunians to enact;
(3) If at any time before the initiative is held, the Sanggunian concerned adopts in toto the proposition
presented and the local chief executive approves the same, the initiative shall be cancelled.
However, those against such action may, if they so desire, apply for initiative. (Sec. 124, LGC)
Limitations upon Sanggunians:

Any proposition or ordinance approved through the system of initiative and referendum:
(1) Shall not be repealed, modified, or amended by the Sanggunian concerned within six (6) months
from the date of its approval; and
(2) May be amended, modified, or repealed by the Sanggunian within three (3) years thereafter by a
vote of three-fourths (3/4) of all its members

Animo Notes 2018
(3) n case of barangays, the period shall be eighteen (18) months. (Sec. 125, LGC)
Procedure in Local Initiative: (Sec. 122, LGC)

(1) File petition with local legislature. Not less than 1,000 registered voters in case of provinces and
cities, 100 in case of municipalities, and 50 in case of barangays, may file a petition with the local
legislative body, proposing the adoption, enactment, repeal, or amendment, of any ordinance or
resolution.  
(2) Invoke initiative by giving notice. If no favorable action thereon is made by local legislative body
within 30 days from its presentation, the proponents through their duly authorized and registered
representatives may invoke their power of initiative, giving notice thereof to the local legislative
body concerned. Two or more propositions may be submitted in an initiative.
(3) Collection of signatures. Proponents shall have 90 days in case of provinces and cities, 60 days in
case of municipalities, and 30 days in case of barangays, from notice to collect the required number
of signatures. The petition shall be signed before the Election Registrar, or his designated
representative, in the presence of a representative of the proponent and a representative of the local
legislative body concerned in a public place in the LGU.
(4) Certification of COMELEC and setting of date of vote. The COMELEC shall certify that the
required number of signatures has been obtained and shall set a date for approval of the
proposition within 60 days from the date of certification by the COMELEC in case of provinces and
cities, 45 days in case of municipalities, and 30 days in case of barangays.
(5) Voting and Results. The results of the initiative shall be certified and proclaimed by the COMELEC.
Q: What are different corporate powers of LGUs?

A:
(1) To sue and be sued;
(2) To acquire and sell property; and
(3) To enter into contracts.
Q: What are the requisites for an LGU to enter into a contract? When does it become ultra vires?
A:
(1) Entered into by the local chief executive in behalf of the LGU;
(2) Prior authorization by Sanggunian concerned; and
(3) Legible copy of contract posted at a conspicuous place in the provincial capitol or city, municipal
or barangay hall (Sec. 22, LGC)
Ultra Vires Contracts: An LGU can legitimately exercise powers of government only within the limits of
the authority granted to it, or else its acts are ultra vires.
Q: What is the rule on the liability of LGUs?

A: As a general rule, local government units and their officials are not exempt from liability for death or
injury to persons or damage to property. (Sec. 24, RRA 7160)
The local government unit is liable in damages for death or injuries suffered by reason of the defective
condition of roads, streets, bridges, public buildings and other public works. (Art. 2189, Civil Code)
Municipal corporations are suable because their charters grant them the competence to sue and be sued.
(Municipality of San Fernando v. Judge Firme, 1991)
Exception: Generally, not liable for torts committed by them in the discharge of governmental functions
and can be held answerable only if it can be shown that they were acting in a proprietary capacity.
Q: How are boundary disputes settled between LGUs?

Animo Notes 2018
A: It is to be settled amicably. After efforts at settlement fail, dispute may be brought to the appropriate
RTC in the said province.
Between and among two or more municipalities within the same province: Sangguniang Panlalawigan
Between and among two or more highly urbanized cities: Sangguniang Panlungsod of the cities
Between a municipality and an independent component city: Regional Trial Court in the province
Section 118 of the Local Government Code does not provide for the office or agency vested with the
jurisdiction over the settlement of boundary disputes between a municipality and an independent
component city in the same province; However, under BP 129, as amended by RA 7691, it should the
Regional Trial Court in the province that can adjudicate the controversy. After all, the Regional Trial Court
in the province that can adjudicate the controversy. After all, the Regional Trial Court has general
jurisdiction to adjudicate all controversies, except only those withheld from its plenary powers.
(Municipality of Kananga v. Madrona, 2003)
Between and among municipalities in the same province: Under Section 118 of the Local Government Code,
they should be referred for settlement to the Sangguniang Panlalawigan. (Municiaplity of Sta. Fe v.
Municipality of Aritao, 2007)
Q: What is the effect of re-election when there is a pending administrative case?

A: A local elected official cannot be removed from office for misconduct committed during his previous
term because each term is separate and the people, by re-electing him are deemed to have forgiven his
misconduct. (Aguinaldo v Santos, 1992)
A local elective official who committed an administrative offense can be removed even if he was re-elected.
Section 1, Article XI of the Constitution provides that public officer is public trust. This connotes
accountability. Re-election is not a mode of condoning an administrative offense. (Morales v CA, 2015)
Q: What are the different rules as to the discipline of local elective officials?
A:
Grounds 1. Disloyalty to the Republic of the Philippines;
2. Culpable violation of the Constitution;
3. Dishonesty, oppression, misconduct in office, gross negligence, or dereliction
of duty;
4. Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor;
5. Abuse of authority;
6. Unauthorized absence for fifteen (15) consecutive working days; except in the
case of members of the local legislative bodies.
7. Application for, or acquisition of, foreign citizenship or residence or the status
of an immigrant of another country; and
8. Such other grounds as may be provided in the LGC and other laws. (Sec.
60(a), LGC)
Jurisdiction Province, Highly Urbanized city, independent component city: Office of the
President;
Municipality or component city: Governor;
Barangay: Mayor

Animo Notes 2018
Preventive A preventive suspension is merely a preliminary step in an administrative
Suspension investigation and can be decreed on an official under investigation after the
charges are brought and even before the charges are heard. (Castillo-Co v.
Barbers, 1998)
Removal An elective local official may be removed from office by order of the proper
court. (Sec. 60, LGC) The penalty of removal from office as a result of
administrative investigation shall be considered a bar to the candidacy of the
respondent for any elective position. (Sec. 66(c), LGC)
Administrative Appeal must be made 30 days from receipt of the decision. To whom
Appeal appealable:
(1) Sangguiniang Panglungsod of component cities and Sangguiniang Bayan can
appeal to Sangguiniang Panlalawigan
(2) Sangguiniang Panlalawigan; Sangguinang Panglungsod of HUCs and ICCs can
appeal to the Office of the President
(3) Office of the President decisions are final and executory
Doctrine of A public official cannot be removed for administrative misconduct committed

Condonation during a prior term, since his re-election to office operates as a condonation of
the officer's previous misconduct to the extent of cutting off the right to remove
him therefor. (Aguinaldo v. Santos, 1992)
This doctrine has been overturned in Carpio-Morales v. CA, where the Court held
that that the Doctrine of Condonation is actually bereft of any legal basis. The
concept of public office is a public trust is and the corollary requirement of
accountability to the people at all times, as mandated under the 1987 Constitution,
is plainly inconsistent with the idea that an elective official’s administrative
liability for a misconduct committed during a prior term can be wiped off by the
fact that he was elected to a second term of office or even another elective post.
(Carpio-Morales v. CA, 2015)
Q: What is the rule on discipline of local appointive officials?

A: The power to discipline is granted by Executive Order 292 to the heads of departments, agencies, and
instrumentalities, provinces and cities. Generally, the appointing authority is the disciplining authority.
(Sec. 47, EO 292)
Q: What is Recall?
A: It is a mode of removal of a public officer before end of the term. People’s prerogative to remove a public
officer is an incident of their sovereign power.
Q: What are the grounds for recall?

A: Loss of confidence, not subject to judicial inquiry, political question. (Sec. 75, LGC)
Q: What are the limitations of recall?

A:
(1) Local official may be subject of a recall election only once during his term (Sec. 74 (a), LGC)
(2) No recall shall take place within 1 year from the date of official assumption to office or 1 year
immediately preceding a regular election. (Sec 74 (b), LGC)
Q: What is the term of office of elected local officials?

Animo Notes 2018
A: Three (3) years from noon of the 30 th of June following the election or such date as may be provided by
law except for elective barangay officials, maximum of three (3) consecutive terms in same position.
A law fixing the terms of local officials, other than barangay officials, is unconstitutional, because the
Constitution fixes the terms of local offices at three (3) years. Only Congress may determine the terms of
barangay officials. (Sec. 8, Art. X, Constitution)
Q: Explain the three-term limit rule.

A: No local elective official shall serve for more than three (3) consecutive terms in the same position.
Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of service for the full term for which the elective official concerned was elected. (Sec. 43(b), RA
7160)
Q: May a Mayor order the demolition of an illegal structure?

A: No, while a city mayor is an executive official, the matter of issuing demolition notices or orders is not
a ministerial one. In determining whether or not a structure is illegal or it should be demolished, property
rights are involved thereby needing notices and opportunity to be heard as provided for in the
constitutionally guaranteed right of due process. In pursuit of these functions, the city mayor has to exercise
quasi-judicial powers. Therefore, he can order the demolition of the illegal structure. (Aquino v. Municipality
of Malay, Aklan, 2014)
Q: In Ferrer vs. Herbert Bautista (2015), why was the ordinance for imposition of garbage fee not
allowed?
A: There was a violation of the equal protection clause. To quote:
“For the purpose of garbage collection, there is, in fact, no substantial distinction between an occupant of a
lot, on one hand, and an occupant of a unit in a condominium, socialized housing project or apartment, on
the other hand.”
“The rates being charged by the ordinance are unjust and inequitable: a resident of a 200-sq. m. unit in a
condominium or socialized housing project has to pay twice the amount than a resident of a lot similar in
size; unlike unit occupants, all occupants of a lot with an area of 200 sq. m. and less have to pay a fixed rate
of Php100.00; and the same amount of garbage fee is imposed regardless of whether the resident is from a
condominium or from a socialized housing project.”
Q: In Ferrer vs. Herbert Bautista (2015), why was Socialized Housing Tax allowed?
A: “SHT charged by the Quezon City Government is a tax which is within its power to impose. Aside from
the specific authority vested by Section 43 of the UDHA, cities are allowed to exercise such other powers
and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to
efficient and effective provision of the basic services and facilities which include, among others, programs
and projects for low-cost housing and other mass dwellings. The collections made accrue to its socialized
housing programs and projects. The tax is not a pure exercise of taxing power or merely to raise revenue;
it is levied with a regulatory purpose. The levy is primarily in the exercise of the police power for the
general welfare of the entire city. It is greatly imbued with public interest.”
NATIONAL ECONOMY AND PATRIMONY

Q: Explain the Regalian Doctrine.
A: All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are
owned by the State. With the exception of agricultural lands, all other natural resources shall not be
alienated. (Sec. 2, Art. XI, Constitution)

Animo Notes 2018
Q: What are the nationality and citizenship requirement provisions?
A: Educational institutions, except those established by religious groups and mission boards, must be
owned solely by Filipino citizens or corporations or associations at least 60% of the capital of which is
owned by Filipino citizen. The control and administration of all education institutions shall be vested in
Filipino citizens. (Sec. 4(2), Art. XIV, Constitution)
Q: What is the rule on exploration, development, and utilization of natural resources?

A: A law creating a State corporation to exploit, develop, and utilize compressed natural gas is
constitutional if it is for the common good and it is economically viable. Congress may by law create a
government-owned or controlled corporation in such cases. (Sec. 16, Art. XII, Constitution)
The State owns all natural resources in the Philippines and may directly undertake the exploration,
development and utilization of natural resources. (Sec. 2, Art. XII, Constitution)
Q: What is a Public Utility?

A: It is a utility corporation which renders service to the general public for compensations. Its service is not
confined to privileged individuals but is open to an indefinite public. (Iloilo Ice and Cold Storage Co. v Public
Utility, 1923)
The franchise, certificate, or any other form of authorization for the operation of a public utility shall neither
be exclusive, nor for a period longer than 50 years and subject to amendment, alteration, or repeal by
Congress. (Sec. 11, Art. XII, Constitution)
Such franchise, certificate, or any other form of authorization for the operation of a public utility is reserved
to Filipino citizens or entities with 60% capital owned by such citizens.
Q: What are the classification of lands of public domain?

A:
(1) Agricultural Lands;
(2) Forest/Timber Lands;
(3) Mineral Lands; and
(4) National Park. (Sec. 3, Art. XII, Constitution)
Classification of public lands is a function of the executive branch, specifically the Director of the Land
Management Bureau. (Republic v. Imperial, 1999)
Only a Filipino citizen can acquire private lands in the Philippines. The only instances when a foreigner
can acquire private lands in the Philippines are by hereditary succession and if he was formerly a natural-
born Filipino citizen who lost his Philippine citizenship. (Republic v. Guzman, 2000)
Q: What is the rule on practice of professions under the Constitution?

A: The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases
prescribed by law.
Q: What is the rule on organization and regulation of corporations, both private and public?
A: All sectors of the economy and all regions of the country shall be given optimum opportunity to develop.
Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be
encouraged to broaden the base of their ownership. This is in line with the goals of the national economy
for a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount
of goods and services produced by the nation for the benefit of the people; and an expanding productivity
as the key to raising the quality of life for all, especially the underprivileged. (Sec. 1, Art. XII, Constitution)

Animo Notes 2018
The Congress shall not, except by general law, provide for the formation, organization, or regulation of
private corporations. Government-owned or controlled corporations may be created or established by
special charters in the interest of the common good and subject to the test of economic viability. (Sec. 16,
Art. XII, Constitution)
Q: What is a Monopoly?
A: It is a privilege or peculiar advantage vested in one or more persons or companies, consisting in the
exclusive right or power to carry on a particular business or trade, manufacture a particular article or
control the sale of a particular commodity. (Agan, Jr. v. PIATCO, 2003)
Q: What is our state policy on monopoly?

A: The State shall regulate or prohibit monopolies when the public interest so requires. No combinations
in restraint of trade or unfair competition shall be allowed. (Sec. 19, Art. XII, Constitution)
Monopolies are not prohibited per se by the Constitution but may be permitted to exist to aid the
government in carrying on an enterprise or to aid in the performance of various services and functions in
the interest of the public. Nonetheless, a determination must first be made as to whether public interest
requires a monopoly. As monopolies are subject to abuses that can inflict severe prejudice to the public,
they are subject to a higher level of State regulation that an ordinary business undertaking. (Agan, Jr. v.
PIATCO, 2003)
SOCIAL JUSTICE AND HUMAN RIGHTS

Q: What is the concept of social justice?
A: Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of
laws and the equalization of social and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated. Social justice means the promotion of the
welfare of all the people, the adoption by the Government of measures calculated to ensure economic
stability of all the component elements of society, through the maintenance of a proper economic and social
equilibrium in the interrelations of the members of the community, constitutionally, through the adoption
of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of salus populi est supremo lex. (Calalang v.
Williams, 1940)
Q: What is the investigative function of the Commission on Human Rights (CHR)?

A: The Commission being a purely investigatory body cannot issue an order to desist or restraining order
because it does not perform adjudicative functions. (Export Processing Zone Authority v CHR, 1992)
Q: Can the CHR issue temporary restraining orders and a writ of preliminary injunction?
A: No, these remedies should be sought from the courts of justice. (Export Processing Zone Authority v CHR,
1992)
Q: Does the CHR have contempt powers?

A: Yes, the Commission has the power to cite for contempt any person only for violation of its operational
guidelines and rules of procedure essential to carry out its investigatory powers. (Simon v CHR, 1994)
EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE, AND SPORT
Q: What is Academic Freedom?

Animo Notes 2018
A: It includes the right to determine who may teach, what may be taught, how it shall be taught and who
may be taught. (Garcia v Faculty Admission Committee, 1975) It is also the right to prescribe academic,
standards, policies and qualifications for the admission of a student (University of San Agustin v CA, 1994)
Because of academic freedom, a school can refuse to re-enroll a student who failed to meet its academic
standards. (Tangonan v. Paño, 1985)
Because of academic freedom, a teacher in the graduate school may assign his student reading assignments,
hold tutorial meetings once a week, and require term papers instead of holding classes daily. (Camacho v.
Coresis, Jr., 2002)
Q: Who are covered by the principle of academic freedom?

A: Academic freedom shall be enjoyed in all institutions of higher learning. (Sec. 5(2), Art. XIV, Constitution)
It includes the right to prescribe academic standards, policies and qualifications for the admission of a
student. (University of San Agustin v. Court of Appeals, 1994)
PUBLIC INTERNATIONAL LAW

Q: What are obligations erga omnes?
A: It refers to the obligation of every state towards the international community as a whole. All states have
legal interest in its compliance. (Vinuya v. Romulo, 2010)
Q: Define jus cogens.

A: Peremptory norm in general international law accepted and recognized by the international community
from which no derogation is permitted. (Vinuya v. Romulo, 2010)
Q: What is the concept of ex aequo et bono.

A: Otherwise known as the doctrine of equity, if both parties to a dispute agree, court can decide a case
applying equity in precedence to all other legal rules. (Art. 38(2), Statute of International Court of Justice)
Q: What is the relationship between international law and national law?

A:
International Law National Law
Law of coordination (consent): regulates relations Law of subordination issued by political superior:
of states and other international persons; Regulates relations of individuals among
themselves or with own states; consists mainly of
statutory enactments, and executive orders and
judicial pronouncements;
Derived principally from treaties, international Redressed through local administrative and judicial
customs, and other international agreements; processes;
Resolved through state to state transactions. (See Breach of which entails individual responsibility
Restatement of the Law, Third, American Law
Institute; Statute of the International Court of Justice,
Art. 38(1))
Q: Distinguish the doctrine of incorporation v. doctrine of transformation.

A:
Incorporation Transformation
International laws adopted as part of state’s It requires that an international law be transformed
municipal law, by a general provision or clause into a domestic law through a constitutional
usually in its Constitution. If choice has to be mechanism such as local legislation, pursuant to Art.
made between international law and municipal VII, Sec. 21, 1987 Constitution which provides that

Animo Notes 2018
law, municipal law should be upheld by the “no treaty or international agreement shall be valid
municipal or local courts. (Tanada v. Angara, 1997) an effective unless concurred in by at least two-
thirds (2/3) of all the members of the Senate.”
Q: What are the sources of obligation in international law?

A:
Primary Secondary Rules In Case Of Conflict
1. International Conventions, 1. Judicial decisions Primary v Primary: Treaties over
establishing rules expressly customs, customs over general
recognized by contesting principles of law.
states.
2. International custom 2. Teachings of the most Primary v. Secondary: Primary
qualified publicists of the prevails. (Art. 53, Vienna Convention
various nations. (Art. 38, on the Law of Treaties)
International Court of Justice)
3. General Principles of Law
recognized by civilized nations
4. Judicial Decisions and
writings of the publicists. (Art.
38, International Court of Justice)
Q: Who are the subjects of international law?

A:
The State. A group of people, more or less numerous, permanently living in a definite territory, under an
independent government organized for political ends and capable of entering into legal relations with other
states. (CIR v. Antonio Campos Rueda, 1971)
Its elements include:
(1) a permanent population;
(2) a definite territory;
(3) government; and
(4) sovereignty and the capacity to enter into relation with other states. (Art. 1, Montevideo
Convention on the Rights and Duties of States, 26 December 1933)
International Organizations. The status and power of an IG is determined by agreement and not by
general or customary international law. They are considered subjects of international law "if their legal
personality is established by their constituent instrument.” Further, its constituent rights and duties or
capacities and immunities, are limited to those set forth in the treaty creating the international organization.
Thus, legal personality in this context is a relative concept. (Magallona)
Individuals. Individuals may assume the status of subjects of international law only on the basis of
agreement by states and in specific context, not in accordance with general or customary international law.
Q: Enumerate the agents of diplomatic intercourse.

A:
(1) Head of state;
(2) Foreign secretary or minister;
(3) Members of diplomatic service;
(4) Special diplomatic agents appointed by head of state; and
(5) Envoys ceremonial. (Vienna Convention on Diplomatic Relations)

Animo Notes 2018
Q: What are the main functions of diplomatic mission?
A:
(1) Represent the sending State;
(2) Protect the interests of the sending State and its nationals;
(3) Negotiate with the government of the receiving State;
(4) Ascertain conditions and developments in the receiving State and report these to the sending State;
(5) Promotes friendly relations between the sending State and the receiving State; and
(6) Develop economic, cultural, and scientific relations. (Art. 3, Vienna Convention on Diplomatic
Relations)
Q: What are various diplomatic immunities and privileges?

A:
(1) Inviolability of correspondence/archives and other documents;
(2) Freedom of movement and travel;
(3) Immunity from jurisdiction for acts performed in official capacity;
(4) Consular officer is not immune from criminal jurisdiction of receiving State; and
(5) Exemption from certain taxes and custom duties. (Art. 23-36, Vienna Convention on Diplomatic
Relations)
A diplomatic agent shall not be liable to any form of arrest or detention. (Art. 29, Vienna Convention on
Diplomatic Relations)
Q: Is diplomatic immunity applicable to W.H.O. officials?

A: Officials of the World Health Organization enjoy diplomatic immunity and this includes exemption
from duties and taxes. Since diplomatic immunity involves a political question, where a plea of diplomatic
immunity is recognized and affirmed by the Executive Department, it is the duty of the court to accept the
claim of immunity. (World Health Organization v. Aquino, 1972)
Diplomatic negotiations are privileged in order to encourage a frank exchange of exploratory ideas between
the parties shielding the negotiations from public view. (Akbayan Citizens Action Party v. Aquino, 2008)
Q: When is immunity not applicable?

A: A diplomatic agent has no immunity in cases of:
(1) A real action relating to private immovable property situated in the territory of the receiving State,
unless he holds it on behalf of the sending State, unless he holds it on behalf of the sending State
for purposes of the mission;
(2) An action relating to succession in which the diplomatic agent is involved as executor,
administrator, heir, or legatee as a private person and not on behalf of the sending State; and
(3) An action relating to any professional or commercial activity exercised by the diplomatic agent in
the receiving State outside his official functions. (Art. 31, Vienna Convention on Diplomatic Relations)
Q: Define a treaty.
A: It is an international agreement concluded between states in written form and governed by international
law. (Art. 2 (1) (a), Vienna Convention on the Law of Treaties)
Q: Explain the principle of pacta sunt servanda.

A: Treaties must be observed in good faith. (Art. 26, Vienna Convention on the Law of Treaties) A party must
comply with provisions of treaty and cannot ignore or modify the same without the consent of the other
signatory.

Animo Notes 2018
Exception: The peremptory norms of international law known as “jus cogens,” which means compelling
law. (Art. 53, Vienna Convention on the Law of Treaties)
Q: Explain the principle of rebus sic stanibus.

A: It justifies the non-performance of treaty obligation if conditions to which parties contracted have
changed materially and unexpectedly as to create a situation in which exaction of performance would be
unreasonable. (Art. 62, Vienna Convention on the Law of Treaties)
Limitations:
(a) Applies only to treaties of indefinite duration;
(b) Vital change claimed as justification for discontinuance of the treaty must be unforeseen or
unforeseeable;
(c) Must not be caused by party invoking the doctrine;
(d) Must be invoked within a reasonable time from occurrence of change asserted; and
(e) Cannot operate retroactively.
Q: Distinguish the power in a treaty from that in an executive agreement.

A: The authority of the President to enter into an executive agreement is an executive power. An executive
agreement becomes effective without the concurrence of the legislature. (USAFFE Veterans Association v.
The Treasurer of the Philippines, 1959)
The President makes treaties with the advice and consent of the Senate; but he alone negotiates.
Q: Define Nationality.
A: It is the character, status or condition with reference to the rights and duties of a person as a member of
a state or nation rather than another. (Bouvier’s Law Dictionary, 3rd Edition, 1914)
Q: Who is a Stateless Person?

A: A person who is not considered as a national by any state under the operation of law. (1954 Convention
Relating to the Status of Stateless Persons)
Q: What are the consequences of statelessness?

A:
(1) No state can intervene or complain in behalf of a stateless person for an international delinquency
committed by another State in inflicting injury upon him;
(2) He cannot be expelled by the State if he is lawfully in its territory, except on grounds of national
security or public order; and
(3) He cannot avail himself of the protection and benefits of citizenship, like securing for himself a
passport or visa and personal documents. (1995 Bar)
Q: Explain the doctrine of state responsibility.

A: Once a state admits an alien, it becomes its obligation to afford protection to that alien. If the alien
dies/suffers an injury, it may give rise to liability for international tort. (Restatement of the Law, Third,
American Law Institute)
Q: What is the Calvo Clause?

A: A provision in an agreement which requires that aliens are not entitled to claim upon or through its
national state for protection as against the contracting state. (North American Dredging Co. of Texas v. United
Mexican Case)

Animo Notes 2018
Q: What is the Territoriality Principle?
A: Crimes committed within a state’s boundaries and persons within the territory are subject to application
of local law.
General Rule: A State may exercise jurisdiction only within its territory.
Exceptions:
(1) Continuing offenses;
(2) Acts prejudicial to the national security;
(3) International crimes;
(4) Offenses covered by special agreement.
Q: Explain the Nationality Principle.

A: A State has jurisdiction over its nationals anywhere in the world.
Q: Explain the Protective Principle.

A: A State has jurisdiction over acts committed abroad deemed prejudicial to its national security and vital
interest.
Q: Explain the Universality Principle.

A: A State has jurisdiction over offenses considered as universal crimes, such as piracy, war crimes, and
crimes against humanity.
Q: What is the Passive Personality Principle.

A: A State may exercise jurisdiction over an individual for offenses committed abroad which have affected
or will affect its nationals.
Q: What is the rule on treatment of aliens?

A: No state is under obligation to admit aliens. It has the inherent power to determine in what cases and
under what conditions it may admit and expel aliens.
Q: What are the fundamental principles of extradition?

A:
(1) Extradition is based on the consent of the state of the state of asylum as expressed in a treaty or
manifested as an act of goodwill.
(2) Principle of specialty: A fugitive who is extradited may be tried only for the crime specified in the
request for extradition and included in the list of offenses in the extradition treaty. (US v. Rauscher,
119 U.S. 407, 1886)
(3) Any person may be extradited, whether he be a national of the requesting state, of the state of
refuge or of another state.
(4) Political and religious offenders are generally not subject to extradition. For the purpose of
extradition, genocide and murder of the head of state or any member of his family are not political
offenses
(5) In the absence of special agreement, the offense must have been committed within the territory or
against the interests of the demanding state.
(6) Rule of double criminality: The act for which extradition is sought must be punishable in both the
requesting and requested states.
(7) Aut dedere aut judicare (means ‘either extradite or prosecute’) is a conventional obligation of States
found in various treaties. A state subject to this obligation is bound to extradite if it does not
prosecute, and prosecute if it does not extradite.
Q: What is the procedure for extradition?

A:

Animo Notes 2018
(1) Request for extradition is presented through diplomatic channels to the state of refuge with the
necessary papers for identification;
(2) The request is received by the state of refuge;
(3) A judicial investigation is conducted by the state of refuge to ascertain if the crime is covered by
the extradition treaty and if there is prima facie case against the fugitive according to its own laws;
(4) If there is prima facie case, a warrant of surrender will be drawn and the fugitive will be delivered
to the state of origin.
Q: Distinguish deportation from extradition.

A: Deportation is the expulsion of an alien considered undesirable by the State. Extradition is the surrender
of a person wanted for prosecution or punishment wanted for prosecution or punishment, based on
consent, expressed in treaty or manifested as an act of goodwill.
Q: What is the Universal Declaration of Human Rights?

A: It is the first comprehensive catalogue of human rights proclaimed by an international organization; is
not a treaty and not obligatory. As a resolution, it is merely recommendatory.
Fundamental Rights:
(1) Right to life, liberty, and security of person; and
(2) Right to social security, realization of economic, social and cultural rights indispensable for dignity
development of personality.
Q: What is the International Covenant on Civil and Political Rights?

A: The ICCPR is an international covenant and is binding on the respective state parties. It embodies the
first generation of human rights. The following are obligations of state parties under the ICCPR:
(1) State parties undertake to respect and to ensure to all individuals within their territory the rights
enumerated therein, without distinction of any kind, such as race, color, sex, language, religion,
political or other opinion, national or social origin, birth or other status.
(2) State parties are required to take the necessary steps to adopt legislative or other measures that are
necessary to give effect to the rights recognized in the ICCPR.
(3) State parties must ensure that any person whose rights or freedoms are violated have an effective
remedy, notwithstanding that the violation has been committed by persons action in an official
capacity.
(4) State parties must ensure that any person claiming such remedy shall have his right thereto
determined by competent judicial, administrative or legislative authority, and that they shall
enforce the remedy when granted.
Q: What is the International Covenant on Economic, Social, and Cultural Rights?

A: It embodies the second generation of human rights, although it lists more rights than the UDHR:
(1) Right to health;
(2) Right to strike;
(3) Right to be free from hunger;
(4) Rights to enjoy the benefits of scientific progress;
(5) Freedom for scientific research and creativity.
Under the ICESCR, state parties are required to undertake the necessary steps to the maximum of its
available resources, with a view to achieving progressively the full realization of the rights enumerated in
the covenant by all appropriate means.
Q: What is international humanitarian law?

A: It refers to a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It
protects persons who are not or are no longer participating in the hostilities and restricts the means and

Animo Notes 2018
methods of warfare. International humanitarian law is also known as the law of war or the law of armed
conflict.
Q: Distinguish international armed conflict, internal/non-international armed conflict, and war of

national liberation.
A:
Internal/Non-international
International Armed Conflict War of National Liberation
armed conflict
Occurs when one or more states Armed conflicts not of an An armed conflict may be of such
have recourse to armed force international character nature in which peoples are fighting
against another state (Prosecutor occurring in the territory of one against colonial domination and alien
v. Tadic, 1990), regardless of the of the High Contracting Parties. occupation and against racist regimes
reasons or the intensity of this in the exercise of their right to self-
confrontation. These include armed conflicts determination.
in which one or more non-
governmental armed groups
are involved.
IHL Applicable IHL Applicable. This conflict is considered an
international armed conflict under
Common Article 3 applies to Article 1, 3rd and 4th pars., Protocol 1.
“armed conflicts not of an Thus, IHL Applicable
international character
occurring in the territory of one
of the High Contracting
Parties.”
Q: What are the salient feature/s of RA 9851?

A:
(1) Defines and penalize war crimes, genocide, and other crimes against humanity;
(2) Applicability to all individual perpetrators, whether state agents or non-state actors;
(3) Applying certain international criminal law principles of irrelevance of official capacity,
responsibility or superiors, unlawful superior orders, and non-prescription among others;
(4) Instituting a form of universal jurisdiction though qualified;
(5) Providing for international standards for protection of victims and witnesses as well as reparations
to the former;
(6) Express applicability of international law, including specific international treaties;
(7) Providing for the designation of special courts prosecutors and investigators and their effective
training in human rights, international humanitarian law, and international criminal law; and
(8) No requirement of implementing rules and regulations.
Q: What are baselines?

A: It refers to lines from which the territorial sea, the contiguous zone and the exclusive economic zone is
measured. (Art. 5, UNCLOS)
Q: Explain the normal baseline method.

A: Territorial sea is drawn from the low-water mark of the coast, following sinuosities and curvatures,
excluding the internal waters. (Art. 5, UNCLOS)
Q: What is the straight baseline method?

The straight baseline method consists of drawing straight lines connecting appropriate points on the coast
without departing to any appreciable extent from the general direction of the coast, in order to delineate
the internal waters from the territorial waters of an archipelago.

Animo Notes 2018
Q: What are straight archipelagic baselines?
A: Straight baselines join the outermost points of the outermost islands and drying reefs of an archipelago,
provided that within such baselines are included the main islands and an area in which the ratio of the
water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. Such are called straight
archipelagic baselines.
Q: Define archipelagic waters.

A: Archipelagic waters are the waters enclosed by the straight archipelagic baselines, regardless of their
depth or distance from the coast. (Art 49(1), UNCLOS)
Q: What are archipelagic sea lanes passage?

A: It is the right of foreign ships and aircraft to have continuous, expeditious and unobstructed passage in
sea lanes and air routes through or over the archipelagic waters and the adjacent territorial sea of the
archipelagic state, “in transit between one part of the high seas or an exclusive economic zone.”
All ships and aircraft are entitled to the right of archipelagic sea lanes passage (Magallona; Article 53(1) in
relation to Article 53(3), UNCLOS). The archipelagic state designates the sea lanes as proposals to the
“competent international organization.”
Q: Explain the regime of islands.

A: The “regime of islands” as defined by the United Nations Convention of the Law of the Sea in Article
121 are islands that are naturally formed areas of land, surrounded by water, which are above water at high
tide. Furthermore, this principle recognizes that each island has its own territorial sea, contiguous zone,
exclusive economic zone (EEZ) and continental shelf.
Q: Define internal waters.

A: It refers to waters on the landward side of baselines. Here, there is no right of innocent passage. (Art. 8,
UNCLOS)
Q: Define territorial sea.

A: It refers to twelve (12) nautical miles from baseline. State has sovereignty. Ships have “right of innocent
passage”.
It is up to a limit not exceeding twelve (12) nautical miles measured from the baseline Ships of all states,
whether coastal or not for an innocent passage through the territorial sea. (Art. 3, UNCLOS)
Q: What is the Exclusive Economic Zone (EEZ)?

A: It is two hundred (200) nautical miles from baseline. Coastal state has sovereign rights for purposes of
exploring and exploiting, conserving, and managing the natural resources, the seabed and subsoil. (Sec. 18,
PD 1599)
The following are the rights of the coastal state in the exclusive economic zone:
(1) Sovereign rights for the purpose of exploring and exploiting, conserving, and managing the living
and non-living resources in the superjacent waters of the seabed and the resources of the seabed
and subsoil;
(2) Sovereign rights with respect to the other activities for the economic exploitation and exploration
of the zone or EEZ, such as production of energy from water, currents and winds;
(3) Jurisdictional right with respect to establishment and use of artificial islands;
(4) Jurisdictional right as to protection and preservation of the marine environment;
(5) Jurisdictional right over marine scientific research;

Animo Notes 2018
(6) Other rights and duties provided for in the UN Convention of the Law of the Sea or the UNCLOS.
(Art. 56, UNCLOS)
Q: What is a continental shelf?

A: Under the United Nations Convention on the Law of the Sea (UNCLOS), the continental shelf is that
part of the seabed over which a coastal State exercises sovereign rights with regard to the exploration and
exploitation of natural resources including oil and gas deposits as well as other minerals and biological
resources of the seabed. The legal continental shelf extends out to a distance of 200 nautical miles from its
coast, or further if the shelf naturally extends beyond that limit.
Q: What is an extended continental shelf?

A: Where the continental shelf extends beyond 200 nautical miles a State is required by UNCLOS (Article
76) to make a submission to the Commission on the Limits of the Continental Shelf (CLCS). This submission
sets out the coordinates of the outer limits of the shelf and is accompanied by technical and scientific data
to support the claim. The Commission assesses the limits and data submitted by the coastal State and makes
recommendations. The outer limits of the continental shelf established by a coastal State based on these
recommendations are final and binding.
Q: Enumerate the different maritime zones and the various rights and obligations under it.
A:
Maritime zone Rights and obligations
Territorial sea A coastal state is entitled to claim a belt of sea adjacent to its coast its
“territorial sea.” This may extend up to 12 miles from the coast, and in this
belt of sea the coastal state may exercise full sovereignty. Foreign vessels are
entitled to innocent passage but this does not apply to overflight.
Contiguous zone Within this zone the coastal state is not sovereign, but it may exercise the
control necessary to prevent and punish infringements of the customs, fiscal,
immigration, and sanitary laws and regulations that apply in territorial sea.
The contiguous zone may extend up to 24 miles from the coast.
Exclusive economic zone A coastal state may claim a belt of sea up to 200 miles from its coast as its
“EEZ”. In this area the coastal state is entitled to exercise sovereign rights over
the living and non-living resources of the sea, the seabed, and subsoil of the
seabed. Other user states are however entitled to inclusive rights, such as
freedom of navigation and overflight, freedom to lay submarine cables and
pipelines and other internationally lawful uses of the sea related to those
freedoms, such as those associated with the operation of ships, aircraft and
submarine cables and pipelines.
Continental shelf The LOS Convention recognizes the legal right of every coastal state to control
and exploit the natural resources of its continental shelf up to 350 miles from
its coast. Other user states enjoy freedom of navigation and overflight, right
to lay submarine cables and pipelines (but consent required for routing), right
to fishing (except sedentary species) and right to marine scientific research in
the water column (but consent required for the sea bed).
Q: What are the available remedies under the UNCLOS?

A:
Provisions in the UNCLOS
Obligation to settle disputes by peaceful means
Article 279 - Peaceful States Parties shall settle any dispute between them concerning the
settlement interpretation or application of this Convention by peaceful means in
accordance with Article 2, paragraph 3, of the Charter of the United Nations

Animo Notes 2018
and, to this end, shall seek a solution by the means indicated in Article 33,
paragraph 1, of the Charter.
Settlement of disputes by any peaceful means chosen by the parties
Article 280 - Voluntary Nothing in this Part impairs the right of any States Parties to agree at any
arbitration time to settle a dispute between them concerning the interpretation or
application of this Convention by any peaceful means of their own choice.
Q: Is the right to innocent passage suspended in territorial waters?

A: No, Article 42(2) of UNCLOS provides that there shall be no suspension of innocent passage through
straits used for international navigation. The right of the coastal state to suspend the same requires that the
coastal nation must publish the same and without any publication, it cannot insist to suspend the use of
such body of water.
Q: What is the jurisdiction of the International Tribunal for the Law of the Sea?
A: Its jurisdiction covers all disputes submitted to it in accordance with the UNCLOS. It also includes
matters submitted to it under any other agreement. It is composed of 21 independent members elected
from among persons enjoying the highest reputation for fairness and integrity and of recognized
competence in the field of the law of the sea.
Q: Explain the Precautionary Principle.

A: Under the precautionary principle, where there are potential adverse effects of a technology which may
lead to threats of serious and irreversible damage to the environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish the threat. (International Service for the Acquisition of
Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Philippines), 2015)
A successful man is one who can lay a firm foundation with the bricks other have thrown at him.
- David Brinkley

Animo Notes 2018

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DE LA SALLE UNIVERSITY COLLEGE OF LAW

Lasallian Commission on Bar Operations 2018

POLITICAL AND INTERNATIONAL LAW

Q: What are the modes of amendment of the Constitution?

Q: What are the modes of revision of the Constitution?

Q: Distinguish an amendment from a revision.

Q: What are two tests to determine if the change is an amendment or a revision?

Political and International Law 3

Q: Explain the Archipelagic Doctrine.

Q: What does an Archipelagic State consist of?

Q: What is the principle of auto-limitation?

Q: What is the Doctrine of State Immunity from suit?

Q: When is a suit against the State?

Q: How is consent of the State obtained?

Political and International Law 4

Q: When is the Doctrine of State Immunity not applicable?

Q: What is the Doctrine of Sovereign Dishonesty?

Political and International Law 5

General Rule: The power delegated cannot further be delegated.

Q: Distinguish a de jure government from a de facto government.

Q: Distinguish federalism and unitary government.

Q: What is the Doctrine of Necessary Implication?

Q: Who may exercise Legislative Power?

Political and International Law 6

Q: Distinguish an initiative from a referendum.

Q: What are the elements of a valid petition for people’s initiative?

Q: Explain the rules of apportionment of legislative districts?

Political and International Law 7

Q: Explain the party-list system.

Three different parties or organizations may participate in the party-list system:

Q: What are the limitations to party-list representation?

Political and International Law 8

Q: What is an incompatible office?

Q: What is a forbidden office?

Q: What constitutes a quorum?

Q: What is the Doctrine of Shifting Majority?

Exceptions to Doctrine of Shifting Majority:

Political and International Law 9

2. Other Special Cases

Q: How is discipline effected among members of Congress?

Other disciplinary measures may include:

Q: What is Parliamentary Immunity of Speech under the 1987 Constitution?

Q: To what matters must the Parliamentary Immunity of Speech be related to?

Q: Explain the principle of freedom from arrest.

Political and International Law 10

Q: What are electoral tribunals?

Q: What are the two types of electoral tribunals?

Q: What is the composition of these electoral tribunals?

Q: When will an electoral tribunal acquire jurisdiction over a public official?

Q: What is the scope of jurisdiction of the electoral tribunals?

Q: When does jurisdiction commence?

Q: How does a person become a member of an electoral tribunal?

Political and International Law 11

Q: What is the composition of the Commission on Appointments?

By requiring a proportional representation in the Commission on Appointments, Section 18 in effect works

Q: What is the jurisdiction of the Commission on Appointments?

Q: What are the powers of the Commission on Appointments?

Q: Explain the power of inquiry in aid of legislation.

Political and International Law 12

Q: What is a bicameral conference committee?

Q: What is the function of the bicameral conference committee?

Q: Is the bicameral conference committee a body created by the Constitution?

Q: What are the limitations on legislative power?