10/28/2019

Pre-Week Lecture on:

1. ADMINISTRATIVE LAW
2. ELECTION LAW
3. LOCAL GOVERNMENT
4. INTERNATIONAL LAW

By: Atty. Edgardo M. Villareal II

ADMINISTRATIVE LAW

1
 10/28/2019

Powers of Administrative Agencies

Generally, the of powers of admin agencies are classified as

either:
- Discretionary
- Ministerial

Specifically, the powers are:

a) Quasi-legislative –
b) Quasi-judicial –
c) Determinative –

Note: In determining whether an agency has certain powers,

the inquiry should be from the law itself. But once ascertained
as existing, the authority given should be LIBERALLY
CONSTRUED. - Soriano v. MTCRB, GR No. 165785, April 29, 2009

a) Quasi-legislative – Rule Making Power

- Rules and regulations issued by administrative authorities

pursuant to the powers delegated to them have the force and
effect of law, and courts take judicial notice of them.

- Administrative issuances must not override, but must remain

consistent with the law they seek to apply and implement. They
are intended to carry out, not to supplant nor to modify, the law
[Commissioner of Internal Revenue v. Court of Appeals, 240
SCRA 368].

2
 10/28/2019

Kinds of quasi-legislative power (Kinds of Admin Rules

& Regulations):

1. Supplementary or detailed legislation –

2. Interpretative –
3. Contingent legislation –
4. Procedural -
5. Internal –
6. Penal –

S_I_C_P_I_P

Note:

- A valid exercise of quasi-legislative power does not

require prior notice and hearing

Exception: when the law requires it

- Issuance pursuant to the exercise of quasi-legislative

power may be assailed in court (through an ordinary action)
without subscribing to the doctrine of exhaustion of admin
remedies (DEAR)

3
 10/28/2019

Requisites for the valid exercise of quasi-legislative power

1. Must be Consistent with the law and the constitution;

2. Uniform in operation, reasonable & not unfair or
discriminatory;
3. Promulgated in accordance with the prescribed procedure;
4. within the Limits of the powers granted to admin. agencies;
5. must not Amend, alter, modify, supplant, enlarge, limit or
nullify the terms of the law
6. Filing with Office of the Nat. admin. Register (ONAR) of the UP
Law Center
(CUPLA - F)

GMA vs. MTRCB, GR No. 148579, February 5, 2007

- According to Administrative Code, 3 copies of every
rule should be filed in the Office of the National Administrative
Register (ONAR) of the UP Law Center. Failure to comply with
this makes the administrative issuance ineffective & may not
be enforced.

Board of Trustees vs. Velasco, GR No. 17046, February 2, 2011,

Not all rules and regulations adopted by every
government agency are to be filed with the UP Law Center.
Only those of general or of permanent character are to be
filed. Internal rules…. are not subject to be filed with the UP
Law Center.

4
 10/28/2019

Villanueva vs JBC, G.R. No. 211833, April 07, 2015

- The JBC policy need not be filed in the ONAR because
the publication requirement in the ONAR is confined to
issuances of administrative agencies under the Executive
branch of the government. Since the JBC is a body under the
supervision of the Supreme Court, it is not covered by the
publication requirements of the Administrative Code.

b) Quasi-judicial or Adjudicatory Power

- The jurisdiction of an agency with quasi-judicial power is

considered limited, and it could only wield such powers as are
specifically granted to it by its enabling statute. Its jurisdiction is
interpreted strictissimi juris.
See: Soriano v. MTCRB, GR No. 165785, April 29, 2009

5
 10/28/2019

Note:

The essence of due process in administrative

proceedings is the opportunity to explain one's side or seek a
reconsideration of the action or ruling complained of.

What is offensive to due process is the denial of the

opportunity to be heard.

Judicial Recourse and Review

Doctrine of Primary Administrative Jurisdiction
- Courts cannot and will not determine a controversy involving
question which requires the expertise, specialized skills and knowledge
and which is within the jurisdiction or competence of an administrative
body.
- Relief must first be obtained in an administrative proceeding
before a remedy will be supplied by the court, even if the matter is
within the jurisdiction of a court.
Doctrine of Prior Resort
When a claim originally cognizable in the courts involves issues
which, under a regulatory scheme are within the special competence
of an administrative agency, judicial proceedings will be suspended
pending the referral of these issues to the administrative body for its
view.
Note: The doctrines of primary jurisdiction and prior resort have been
considered to be interchangeable.

6
 10/28/2019

Doctrine of Exhaustion of Administrative Remedies (a.k.a. Doctrine of

Finality of Administrative Action)
- An administrative decision must first be appealed to the
administrative superiors up to the highest level before it may be
elevated to a court of justice for judicial review. The exhaustion of
administrative remedies is a pre-requisite for judicial review.
Reasons :
1. To enable administrative superiors to correct the errors
committed by their subordinates;
2. Courts should refrain from disturbing the findings
of administrative bodies in deference to the doctrine of separation
of powers;
3. Courts should not be saddled with the review
of administrative cases;
4. Judicial review of administrative cases is usually
effected through special civil actions which are available only if there
is no other plain, speedy and adequate remedy.

Instances when it may be dispensed with & judicial

action may be validly resorted to immediately:

1) where there is estoppel on the part of the party invoking the

doctrine;
2) where the challenged administrative act is patently illegal,
amounting to lack of jurisdiction;
3) where there is unreasonable delay or official inaction that will
irretrievably prejudice the complainant;
4) where the amount involved is relatively small as to make the
rule impractical and oppressive;
5) where the question raised is purely legal and will ultimately
have to be decided by the courts of justice;

7
 10/28/2019

6) where judicial intervention is urgent;

7) where its application may cause great and irreparable
damage;
8) where the controverted acts violate due process;
9) when the issue of non-exhaustion of administrative remedies
has been rendered moot;
10) where there is no other plain, speedy and adequate
remedy;
11) when strong public interest is involved; and
12) in quo warranto proceedings.

Note:

Section 14, Art. VIII, Constitution

- No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law
on which it is based.
Flores vs. Montemayor, GR No. 170146, June 8, 2011
- Sec. 14, Art. VIII of the 1987 Constitution NEED NOT apply
to decisions rendered in administrative proceedings. It applies
only to decisions rendered in judicial proceedings.
San Lorenzo Ruiz Builders vs Bayang, G.R. No. 194702,
April 20, 2015
The “Fresh Period Rule” applies only to judicial appeals
and not to administrative appeals.

8
 10/28/2019

c) Determinative Power - Power of admin agencies to

better enable them to exercise their quasi-judicial
authority. It includes: Fact-finding, investigative,
licensing and rate-fixing powers.
It refers to:
Directing - Orders the doing or performance of act to ensure
compliance with law;
Enabling - permits the doing of an act, which is regulated by law and
which would be unlawful without gov’t approval;
Examining - Also called investigatory power, which may require
production of books, records and examination of witnesses;
Dispensing - Relieves an individual or entity from an affirmative duty;
relaxes the general operation of law;
Summary - power to apply compulsion or force against a person or
entity to effectuate a legal purpose.
(D_E_E_D_S)

ELECTION LAW

9
 10/28/2019

A. Suffrage

The right to vote in the election of officers chosen by the

people and in the determination of questions submitted to the
people.

It includes:
1. Election
2. Plebiscite
3. Referendum
4. Recall

Qualification and disqualification of voters

1. Filipino citizenship
2. At least 18 years of age
3. Resident of the Philippines for at least one year
4. Resident of the place where he proposes to vote for at least 6
months; and
5. Not otherwise disqualified by law
(Sec. 1, Art. V, 1987 Const. & Sec. 9, R.A. 8189 - ”Voter’s Registration Act of 1996”)

Note:
- No literacy, property or other substantive requirement shall be
imposed on the exercise of right of suffrage;
- Disabled and illiterates may vote under existing laws. (Their
voter's affidavit may be prepared by any relative within the fourth civil
degree of consanguinity or affinity or by any member of the board of
election inspectors who shall prepare the affidavit in accordance with
the data supplied by the applicant. (Sec. 14, R.A. No. 8189)

10
 10/28/2019

Concept of Residence

- Residence, for election purposes is used synonymously

with domicile.

Cases:
- Romualdez‐Marcos vs. COMELEC, GR119976, 18 Sept.‘95
- Aquino vs. Comelec, Sept. 18, 1995
- Fernandez v. HRET, G.R. No. 187478, Dec. 29, 2009
- Asistio vs Pe-Aguirre, G.R. No. 191124, April 27, 2010

Note:
A citizen in order to be qualified to exercise his right to
vote, in addition to the minimum requirements set by the
fundamental charter, is obliged by law to register, at present,
under the provisions of Republic Act No. 8189, otherwise known
as the “Voter’s Registration Act of 1996.” (Akbayan‐Youth v.
COMELEC, G.R. No. 147066, Mar. 26, 2001)

Registration is a condition precedent to the exercise of the

right to vote. Registration is a regulation, not a qualification.
- Yra v. Abano, G.R. No. L‐30187, November 15, 1928

11
 10/28/2019

Who are disqualified to vote?

1. Persons sentenced by final judgment to suffer
imprisonment for not less than one year, unless pardoned or
granted amnesty; but right is reacquired before expiration of 5
years after service of sentence
2. Conviction by final judgment of any of the following:
a. Crime involving disloyalty to the government
b. Any crime against national security
c. Firearms laws
But right is reacquired before expiration of 5 years after
service of sentence.
3. Insanity or incompetence declared by competent
authority
- Sec. 118, B.P. 881 OEC

COMELEC : Jurisdiction

1. Enforce and administer all laws and regulations relative to the

conduct of an election, etc;
Jalosjos, Jr. vs Comelec, GR No. 193237, 9 October 2012
- Even without a petition under either Section 12 or Section 78
of the Omnibus Election Code, or under Section 40 of the Local
Govt. Code, the COMELEC is under a legal duty to cancel the
certificate of candidacy of anyone suffering from the accessory
penalty of perpetual special disqualification to run for public office
by virtue of a final judgment of conviction.
Jalosjos vs Comelec, GR. No. 205033, June 18, 2013
- The Comelec would be grossly remiss in its duty to “enforce
and administer all laws” relating to the conduct of elections if it
does not motu proprio bar from running for public office persons
suffering from perpetual special disqualification by virtue of a final
judgment.

12
 10/28/2019

Aratea vs. Comelec, GR 195229, Oct. 12, 2012

- Disqualification of a convict to run for public office, as

affirmed by final judgment of a competent court, is part of the
enforcement and administration of laws relating to the conduct
of elections.

2. Exercise exclusive original jurisdiction over all contests relating to

the elections, returns, and qualifications of all elective regional,
provincial, and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts
of general jurisdiction, or involving elective barangay officials
decided by trial courts of limited jurisdiction;

Cases:
- Limkaichong vs. Comelec, GR178831-3, April 1, 2009

- Vinzons-Chato vs Comelec, GR 172131, April 2, 2007

- Reyes vs Comelec, GR No. 207264, June 25, 2013

- Galang vs. Geronimo, G.R. No. 192793, Feb. 22, 2011

- Bulilis vs. Nuez, G.R. No. 195953, Aug. 9, 2011

13
 10/28/2019

3. Decide, except those involving the right to vote, all questions

affecting elections, including determination of the number and
location of polling places, appointment of election officials and
inspectors, registration of voters.
4. 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.

5. Register, after sufficient publication, political parties,

organizations, or coalitions which, in addition to other requirements,
must present their platform or program of government; and
accredited citizens' arms of the Commission on Elections.

6. 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 elections frauds, offences, and
malpractices.
7. 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, offences, malpractices, and nuisance candidates.
8. 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.
9. Submit to the President and the Congress a comprehensive
report on the conduct of each election, plebiscite, initiative
referendum, or recall.

14
 10/28/2019

System of registration in the Philippines

1. Continuing
2. Computerized; and
3. Permanent

Note:
- No registration shall be conducted during the period
starting 120 days before a regular election and 90 days before a
special election (Sec. 8, R.A. 8189)

- Akbayan Youth v. COMELEC, G.R. No. 147066, Mar. 26, 2001

- Kabataan partylist v. COMELEC, G.R. No. 189868, Dec. 15, 2009

Application for Registration

Gunsi Sr. v. COMELEC, G.R. No. 168792, Feb. 23, 2009

R.A. 8189, The Voter’s Registration Act of 1996, specifically
provides that an application for registration shall contain
specimen signatures of the applicant as well as his/her
thumbprints, among others.

Double‐registration

- Any person who, being a registered voter, registers anew

without filing an application for cancellation of his previous
registration. (Sec. 26 (y)(6), Omnibus Election Code)

- Maruhom v. COMELEC, G.R. No. 179430, July 27, 2009

15
 10/28/2019

Absentee Voting

-All citizens of the Philippines abroad, who are not otherwise

disqualified by law, at least eighteen (18) years of age on the
day of the elections, may vote for president, vice‐president,
senators and party‐list representatives. (Sec. 4, R.A. 9189)

-Absentee voting is an exception to the six month/one year

residency requirement. (Macalintal v. Romulo, G.R. No. 157013,
July 10, 2003)

Note:
- An immigrant or permanent resident may vote if he/she
executes, upon registration, an affidavit prepared for the purpose
by the Commission declaring that he/she shall resume actual
physical permanent residence in the Philippines not later than
three (3) years from approval of his/her registration under this Act.
Such affidavit shall also state that he/she has not applied for
citizenship in another country.

- Failure to return shall be the cause for the removal of the

name of the immigrant or permanent resident from the National
Registry of Absentee Voters and his/her permanent
disqualification to vote in absentia.

16
 10/28/2019

Who are disqualified from voting under AVL?

1. Those who have lost their Filipino citizenship in accordance with

Philippine laws;
2. Those who have expressly renounced their Philippine citizenship &
who have pledged allegiance to a foreign country;
3. Those who have committed and are convicted in a final judgment
by a court or tribunal of an offense punishable by imprisonment of not
less than one (1) year;
- shall automatically acquire the right to vote upon expiration of
five (5) years after service of sentence;
4. An immigrant or a permanent resident who is recognized as such in
the host country;
5. Any citizen of the Philippines abroad previously declared insane or
incompetent by competent authority in the Philippines or abroad, as
verified by the Philippine embassies, consulates or foreign service
establishments concerned.

Inclusion and Exclusion Proceedings

Jurisdiction:
MTC ‐ original and exclusive
RTC ‐ appellate jurisdiction
SC ‐ appellate jurisdiction over RTC on question of law

Period for Filing:

1. Inclusion ‐ any day except 105 days before regular election

or 75 days before a special election.

2. Exclusion ‐ anytime except 100 days before a regular

election or 65 days before a special election.

17
 10/28/2019

Who may file a petition in an inclusion or exclusion proceedings?

1. Inclusion
a. Any private person whose application was disapproved by
the Election Registration Board or whose name was stricken out from
the list of voters
b. COMELEC
2. Exclusion –
a. Any registered voter in the city or municipality
b. Representative of political party
c. Election officer
d. COMELEC (BP 881 Omnibus Election Code)
NOTE:
Res Judicata does not apply in Inclusion or Exclusion
proceedings
- Domino vs. Comelec, GR No. 134015, July 19, 1999

Political Parties
To acquire juridical personality and to entitle it to rights and
privileges granted to political parties, it must be registered with
COMELEC. (Sec. 3 (c), R.A. 7941)

Dayao v. Comelec, GR193643, Jan. 29, 2013

It’s the State, acting through the Comelec, that breathes
life to a party-list organization. The implication, therefore, is that
the State, through the Comelec, is a party to the principal
contracts entered into by the party-list organization and its
members - the Constitution and By-laws - such that any
amendment to these contracts would constitute a novation
requiring the consent of all the parties involved.
An amendment to the by-laws of a party-list organization
should become effective only upon approval by the Comelec.

18
 10/28/2019

Lokin, Jr. vs. Comelec, G.R. Nos. 179431-32, June 22, 2010

The resolution of an intra-party controversy is necessary or

incidental to the performance of the constitutionally-granted
functions of the COMELEC, the latter can step in and exercise
jurisdiction over the intra-party matter.

Lico vs. Comelec, (En banc), GR No. 205505, Sept. 29, 2015 (Intra-
party Dispute)

But when the intra-party dispute involves a member of

Congress (House of Representatives), then jurisdiction is vested in
HRET.

Grounds for Refusal/Cancellation of Registration

of Political Party
1. It is a religious sect or denomination, organization or association,
organized for religious purposes;
2. It advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign government, foreign political
party, foundation, organization, whether directly or through any of its
officers or members or indirectly through third parties for partisan
election purposes;
5. It violates or fails to comply with laws, rules or regulations relating to
elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding elections or fails to
obtain at least two per centum (2%) of the votes cast under the
party‐list system in the two (2) preceding elections for the constituency
in which it has registered. (Sec. 6, R.A. 7941)

19
 10/28/2019

Candidacy

Qualifications of Candidates

1. President/Vice-President
2. Members of Congress
3. Local Elective Positions

-Pimentel vs. Comelec, GR 161658, Nov. 3, 2008

Grounds for disqualification of a candidate

1. Declared by competent authority as incompetent or insane;
2. Sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one year or more of
imprisonment
3. Election offenses under Sec. 68 of the Omnibus Election Code
4. Committing acts of terrorism to enhance candidacy
5. Spending in his election campaign an amount in excess of that
allowed
6. Soliciting, receiving, making prohibited contributions
7. Not possessing qualifications and possessing disqualifications under
the LGC
8. Removed from office as a result of an administrative case
9. Convicted by final judgment for violating the oath of allegiance to
the Republic
10. Dual citizenship (more specifically, dual allegiance)
11. Fugitives from justice in criminal or non‐political cases here or
abroad

20
 10/28/2019

12. Permanent residents in a foreign country

13. Insane or feeble‐ minded
14. Nuisance candidate
15. Violation of Sec. 73 OEC with regard to COC (Non filing or multiple
filing)
16. Violation of Sec. 78: material misrepresentation in the COC

Note: When a candidate has not yet been disqualified by final

judgment during the election day and was voted for, the votes cast in
his favor cannot be declared stray. (Codilla v. De Venecia, G.R. No.
150605, Dec. 10, 2002)

Effect of filing a certificate of candidacy on the tenure of

incumbent government officials

1. Appointive official – Sec. 66 of the OEC provides that any

person holding an appointive office or position, including active
members of the Armed Forces of the Philippines, and officers and
employees in GOCCs, shall be considered ipso facto RESIGNED
from his office upon the filing of his certificate of candidacy. Such
resignation is irrevocable.

2. Elective official – No effect. The candidate shall continue to

hold office, whether he is running for the same or a different
position. (Sec. 14, Fair Elections Act expressly repealed Sec. 67 of
BP 881)

- Quinto v. COMELEC, Feb. 22, 2010, G.R. 189698

21
 10/28/2019

Duty of the COMELEC in receiving CoC’s

When a candidate files his COC, the COMELEC has a ministerial
duty to receive and acknowledge its receipt pursuant to Section 76, of
the Election Code. The COMELEC may not, by itself, without the proper
proceedings, deny due course to or cancel a COC filed in due form. -
Luna vs. COMELEC, GR 165983, 24 April ’07

Timbol vs Comelec, G.R. No. 206004, February 24, 2015

The power of the Commission on Elections (COMELEC) to restrict a
citizen's right of suffrage should not be arbitrarily exercised. The
COMELEC cannot motu proprio deny due course to or cancel an
alleged nuisance candidate's certificate of candidacy without
providing the candidate his opportunity to be heard.

Codilla v. De Venecia, G.R. No. 150605, Dec. 10, 2002

When a candidate has not yet been disqualified by final judgment
during the election day and was voted for, the votes cast in his favor
cannot be declared stray.

Withdrawal of COC
A person who has filed a CoC may, prior to the election,
withdraw the same by submitting to the office concerned
(COMELEC) a written declaration under oath. (Sec. 73, Omnibus
Election Code)

22
 10/28/2019

Substitution of Candidacy
If after the last day for the filing of certificates of candidacy,
an official candidate of a political party:
1) dies;
2) withdraws; or is
3) disqualified for any cause
- a person belonging to, and certified by, the same political
party may file a certificate of candidacy not later than mid‐day
of election day to replace the candidate who died, withdrew or
was disqualified.
Note: In case of withdrawal, the Comelec fixes a different date for
filing of withdrawal of COC, so that the Candidate will no longer be
included in the Ballot, and thus avoid confusion among the electorate.
Note: No substitution shall be allowed for any independent candidate.

Requisites for valid substitution

1. The substitute must belong to the same party;

2. The deceased, disqualified or withdrawn candidate must
have duly filed a valid certificate of candidacy.

23
 10/28/2019

Effect of filing two certificates of candidacy

Filing of two (2) certificates of candidacy disqualifies the

person to run for both elective positions. (Sec. 73, B.P. 881
Omnibus Election Code)

Note: However, before the expiration of the period for the filing
of certificates of candidacy, the person who has filed more than
one certificate of candidacy may declare under oath the office
for which he desires to be eligible and cancel the certificate of
candidacy for the other office or offices.

Nuisance Candidates
- Candidates who have no bona fide intention to run for the office
for which the COC has been filed and would thus prevent a faithful
election. And upon showing that:
1) Said certificate has been filed to put the election process in
mockery or disrepute;
2) To cause confusion among the voters by the similarity of the
names of the registered candidates;
3) By other circumstances or acts which demonstrate that a
candidate has no bona fide intention to run for the office for which his
certificate of candidacy has been filed and thus prevent a faithful
determination of the true will of the electorate. (Tajanan v. COMELEC,
G.R. No. 104443, Apr. 13, 1992)
The COMELEC may, motu proprio or upon verified petition of an
interested party, refuse to give due course to or cancel a certificate of
candidacy upon showing of the above‐stated circumstances. (Sec. 69,
B.P. 881 Omnibus Election Code)

24
 10/28/2019

Election Campaign

An act designed to promote the election or defeat of a

particular candidate or candidates to a public office.

Campaign Period

1. Presidential and Vice presidential election – 90 days;

2. Members of the Congress and local election – 45 days;
3. Barangay Election – 15 days
4. Special election under Art. VIII, Sec. 5(2) of the
Constitution – 45 days

Note: The campaign periods shall not include the day before
and the day of the election (Sec. 3 OEC)

Premature Campaigning

It shall be unlawful for any person, whether or not a voter or

candidate, or for any party, or association of persons, to engage
in an election campaign or partisan political activity except
during the campaign period. (Sec. 80, B.P. 881).

Penera vs. COMELEC, G.R. No. 181613, Nov. 25, 2009

25
 10/28/2019

Lawful Election Propaganda

1. Written printed materials (does not exceed 8 ½ in. width by 14 in.

length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.).
However, a public meeting or rally, at the site and on the occasion
of a public meeting or rally, may be displayed five (5) days before the
date of rally but shall be removed within 24 hours after said rally
4. Print ads – ¼ page in broadsheets and ½ page in tabloids thrice
a week per newspaper, magazine or other publication during the
campaign period
5. Broadcast media (i.e. TV and radio)
6. All other forms of election propaganda not prohibited by the
Omnibus Election Code or this Act. (Sec. 3, R.A. No. 9006

Allowable Comelec Airtime for Candidates

( Under Fair Elections Act)

NATIONAL POSITIONS LOCAL POSITIONS

120 minutes for TV 60 minutes for TV
180 minutes for radio 90 minutes for radio

GMA Network, Inc, et al vs Comelec, GR 05357, Sept. 2, 2014

- Per Station

Philippine Press Institute v. COMELEC, G.R. No. 119694, May 22,

1995

Telecommunications & Broadcast Attorneys of the Philippines v.

COMELEC, G.R. No. 132922, Apr. 21, 1998

26
 10/28/2019

Limits on expenses for candidates & political Parties

1. For candidates
a. President and Vice‐President – P10/voter
b. Other candidates, if with party – P3/voter
c. Other candidates, if without party – P5/voter

2. For political parties – P5/voter (COMELEC Resolution No. 8758)

Statement of Contributions and Expenses (SOCE)

Every candidate and treasurer of the political party shall, within
30 days after the day of the election, file in duplicate with the
offices of the COMELEC, the full, true and itemized statement of all
contributions and expenditures in connection with the election.
(Sec. 14, R.A. 7166)

- E.R. Ejercito vs Comelec & San Luis, GR No. 212398, Nov. 25, 2014

Maturan vs Comelec, G.R. No. 227155, March 28, 2017 - The penalty
of perpetual disqualification to hold public office may be properly
imposed on a candidate for public office who repeatedly fails to
submit his Statement of Contributions and Expenditures (SOCE)
pursuant to Section 14 of Republic Act No. 7166. The penalty does
not amount to the cruel, degrading and inhuman punishment
proscribed by the Bill of Rights.

27
 10/28/2019

Election Survey
Allowed…. as it is within the ambit of freedom of speech, expression
and of the press. - SWS v. COMELEC, G.R. No. 147571, May 5, 2001
Diocese of Bacolod vs Comelec, G.R. No. 205728. January 21, 2015
COMELEC had no legal basis to regulate expressions made by
private citizens. The power of Comelec to regulate the use of tarpaulin
as a campaign propaganda material does not apply to private place
or a private person exercising his freedom of expression as non-
candidate. Even though the tarpaulin is readily seen by the public, the
tarpaulin remains the private property of petitioners. Their right to use
their property is likewise protected by the Constitution.
1-UTAK vs Comelec, G.R. No. 206020, April 14, 2015
Regulating the expression of ideas or opinion in a public utility
vehicle or terminal, through the posting of an election campaign
material thereon, is not a regulation of the franchise or permit to
operate, but a regulation on the very ownership of the vehicle.

Remedies and Jurisdiction in election law

1. Petition not to give due course to or cancel a certificate

of candidacy (Sec. 74 & 69 OEC)

2. Petition for disqualification (Secs. 68 & 12 of OEC; Sec. 40

of LGC 1991)

3. Petition to declare failure of elections

4. Pre-Proclamation Controversy

5. Election Protest

6. Quo Warranto

28
 10/28/2019

Requisites for petition to deny due course to or cancel a certificate

of candidacy

1. Material misrepresentation in the qualifications for elective office,

which includes age, residency, citizenship, and any other legal
qualifications necessary to run for an elective office; and

2. Deliberate attempt to mislead, misinform or hide a fact which

would otherwise render a candidate ineligible.

Note: These two requirements must concur to warrant the cancellation

of the certificate of candidacy.

The petition may be filed not later than 25 days from the time of filing
of the certificate of candidacy, and shall be decided, after due notice
and hearing, not later than 15 days before the election (Section 78, B.P.
881 Omnibus Election Code).

Grounds to declare failure of election

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 had 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; and

3. After the voting and during the preparation and transmission

of the election returns or canvass thereof such election results in
failure to elect on account of force majeure, violence, fraud or
analogous causes.

29
 10/28/2019

Conditions before COMELEC can act on a petition to declare

failure of election
1. No voting took place in the precinct or precincts on the
date fixed by law, or even if there was voting, the election
resulted in failure to elect; and
2. The votes not cast would have affected the result of the
election (Tan v. COMELEC, G.R. No. 148575‐76, Dec. 10, 2003)

Note: The COMELEC en banc has original and exclusive

jurisdiction to hear and decide petitions for declaration of failure
of election or for annulment of election results (Sec. 4, R.A. 7166)

But the hearing is summary in nature and the COMELEC may

delegate to its lawyers the power to hear the case and to receive
evidence.

Pre‐proclamation controversies - Refer to any question pertaining to or

affecting the proceedings of the board of canvassers, and the
preparation, transmission, receipt, custody and appreciation of
election returns 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 COMELEC. (Sec. 241, B.P. 881 Omnibus
Election Code)
Note:
No pre‐proclamation cases in elections for President, Vice‐president
and Members of Congress

- Also in case of barangay election. (Sec. 9, R.A. No. 6679)

Except: 1. Correction of manifest errors

2. Questions affecting the composition or proceedings of the
board of canvassers and
3. Determination of the authenticity and due execution of
certificates of canvass as provided in Sec. 30 of R.A.7166, as amended
by R.A. 9369.

30
 10/28/2019

Post‐election Disputes:

- Election Protest - special summary proceeding the object of

which is to expedite the settlement of controversies between
candidates as to who received the majority of legal votes.

- Quo Warranto - proceeding to determine the right to the use

or exercise of an office and to oust the holder from its
enjoyment, if his claim is not well founded or if he has forfeited
his right to enjoy the privilege. Unlike an election protest, which
can only be filed by a candidate, any voter can file a petition
for quo warranto.

Grounds for the filing of election protests

1. Fraud
2. Vote‐buying
3. Terrorism
4. Presence of flying voters
5. Misreading or misappreciation of ballots
6. Disenfranchisement of voters
7. Unqualified members of board of election inspector
8. Other election irregularities.

Note: Pendency of election protest is not sufficient basis to enjoin

protestee from assuming office.

31
 10/28/2019

Distinction: Denial of COC /Disqualification / Quo Warranto

Denial of COC Disqualification Quo Warranto

Grounds Sec. 78 OEC; (material Sec. 68 OEC - Sec. 253 OEC,

misrepresentation in COC) (Disqualification) (Ineligibility; Disloyalty)

Sec. 69 OEC (Nuisance) Sec. 12 OEC – (Insanity,

conviction incompetency)

Sec. 40 LGC1991
(disqualification)

Denial of COC Disqualification Quo Warranto

Period - Sec. 78 - w/in 25 Anytime before Comelec - w/in 10 days from

days from filing of proclamation of proclamation –
COC; winning candidate
(any day after the last (RTC & MTC – 10 days from
- Sec. 69 – w/in 5 day for filing of cert. of proclamation)
days from last day candidacy, but not later
of filing of COC than the day of HRET – w/in 15 days from
proclamation) June 30 of the election year “or
the date of actual assumption to
office, whichever is later.

(Same with Election Protest )

SET – w/in 10 days from

proclamation

(Election Protest – w/in 30

days after proclamation)

PET – w/in 10 days from

proclamation

(Election Protest – w/in 30

days after proclamation)

32
 10/28/2019

Denial of COC Disqualification Quo

Warranto
Effect of If COC is denied due - A disqualified candidate Ouster from office
course/cancelled – is prohibited to
successful suit
said candidate is not CONTINUE as a
considered as a candidate, or from
candidate at all. assuming or continuing to
assume the function of
the office.

- No substitution is - Substitution can take

allowed place if disqualification
took place prior to
election; but if
disqualification occurred
while said winning
candidate is already
assuming office, no
substitution.

Note: if ineligible,
treated as a non-
candidate.

Electoral Tribunals

Cases:

- Poe v. Macapagal‐Arroyo, PET 002, Mar. 29, 2005

- Santiago vs Ramos, PET 001, Feb 13, 1996

- Legarda v. De Castro, PET case no. 003, Jan. 18 2008

- Roxas vs Binay, PET No. 004, Aug. 16, 2016

33
 10/28/2019

Cases:

Vinzons-Chato v HRET/Panotes v. HRET, GR 199149/201350, 22

Jan 2013
- The Court ruled that “the picture images of the ballots, as
scanned and recorded by the PCOS, are likewise ‘official ballots’
that faithfully capture in electronic form the votes cast by the
voter, as defined by Section 2 (3) of R.A. No. 9369.” The Court
declared that the printouts of the ballot images in the CF cards
“are the functional equivalent of the paper ballots filled out by
the voters and, thus, may be used for purposes of revision of votes
in an electoral protest.” In short, both the ballot images in the CF
cards and the printouts of such images have the same
evidentiary value as the official physical ballots filled up by the
voters.

Maliksi vs. COMELEC, G.R. No. 203302. April 11, 2013

That the two documents—the official ballot and its picture image—are
considered “original documents” simply means that both of them are given
equal probative weight. In short, when either is presented as evidence, one
is not considered as weightier than the other. But this juridical reality does
not authorize the courts, the COMELEC, and the Electoral Tribunals to
quickly and unilaterally resort to the printouts of the picture images of the
ballots in the proceedings had before them without notice to the parties.
Despite the equal probative weight accorded to the official ballots and the
printouts of their picture images, the rules for the revision of ballots adopted
for their respective proceedings still consider the official ballots to be the
primary or best evidence of the voters’ will. In that regard, the picture
images of the ballots are to be used only when it is first shown that the
official ballots are lost or their integrity has been compromised. All the
foregoing rules on revision of ballots stipulate that the printing of the picture
images of the ballots may be resorted to only after the proper
Revision/Recount Committee has first determined that the integrity of the
ballots and the ballot boxes was not preserved.

34
 10/28/2019

Maquiling vs Comelec - GR No. 195649, April 16, 2013

SC re-examined the principle of the "2nd placer rule". In the
said case, even the disqualification was not yet final at the time of
election, the 2nd placer may be proclaimed because he is
technically considered the 1st placer among the illegible
candidates. The SC held, "the affirmation of (respondent's)
disqualification, although made long after the elections, reaches
back to the filing of certificate of candidacy. Respondent is not
to be treated a candidate at all in the recent (2010) elections".

Election offenses
1. Vote buying and vote selling
2. Conspiracy to bribe voters
3. Wagering upon result of election
4. Coercion of subordinates
5. Threats, intimidation, terrorism, use of fraudulent device or
other forms of coercion
6. Coercion of election officials and employees
7. Appointment of new employees, creation of new position,
promotion, giving of salary increases
8. Intervention of public officers and employees
9. Undue influence
10. Unlawful electioneering
11. Others. (Sec. 261, B.P. 881 Omnibus Election Code)

35
 10/28/2019

Prosecution of Election Offenses

- Comelec is vested with power to prosecute election

offenses. May deputize or delegate to public prosecutors,
subject to its control and supervision (People v. Delgado, G.R.
No. Nos. 93419‐32, September 18, 1990)

RTC has Jurisdiction to hear and decide violation of OEC.

Prescriptive period of election offenses - 5 years from the

date of their commission. (Sec. 267, B.P. 881 Omnibus Election
Code)

Cases:

- Comelec vs Espanñol, G.R. No. 149164-73, Dec. 10, 2003

36
 10/28/2019

LOCAL GOVERNMENT

Local Government
- Under the Constitution, the territorial and political subdivisions
of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras. (Sec. 1, Art. X,
1987 Constitution)
Note:
- 1987 Constitution allows only two autonomous regions.

37
 10/28/2019

Principle of Local Autonomy

- Under the principle of local autonomy, a local government

unit has the power to run its own affairs. This does not mean
however that LGU’s are completely free from the central
government.

- Autonomy does not make a local government sovereign

within a state. (Villafuerte, Jr. vs. Robredo, G.R. No. 195390,
December 10, 2014)

Pimentel vs Executive Secretary, GR No. 195770, July 17, 2017 (En banc,
Bernabe) – Local autonomy

DSWD issued Administrative Order setting the implementing guidelines

for the project renamed "Pantawid Pamilyang Pilipino Program " (4Ps).
Petitioners challenged the disbursement of public funds and the
implementation of the same which are alleged to have encroached into the
local autonomy of the LGUs.

Ruling:

While the aforementioned provision charges the LGUs to take on the

functions and responsibilities that have already been devolved upon them
from the national agencies on the aspect of providing for basic services and
facilities in their respective jurisdictions, the national government is not
precluded from taking a direct hand in the... formulation and implementation
of national development programs especially where it is implemented locally
in coordination with the LGUs concerned.

38
 10/28/2019

Supervisory Powers over Local Government Units

- President exercises supervision over all LGUs (Sec. 4, Art. X,
1987 Constitution);
- Provinces exercise direct supervision over component cities
and municipalities (except independent and highly urbanized
cities);
- Cities and municipalities exercise direct supervision over
component barangays.
- See Acaac vs. Azcuna, G.R. No. 187378, September 30,
2013

Authority to create LGU

LGU may be created, divided, merged, abolished or its

boundaries substantially altered either by:
1. Law enacted by Congress in case of province, city,
municipality or any other political subdivision;

2. By an ordinance passed by the Sangguniang

Panlalawigan (ARMM included) or Sangguniang Panlungsod
concerned in the case of a barangay located within its territorial
jurisdiction, subject to such limitations and requirements
prescribed in the LGC. (Sec. 6, R.A. 7160)

Note:
- Sema v. Comelec, et al. G.R. No. 178628, July 18, 2008

39
 10/28/2019

Requisites for the Creation or Conversion of LGU.

1) Income requirement –
Average annual income for the last consecutive year
should be at least:
a. Province – 20M
b. City - 100M (RA. 9009 amending Sec 450 of LGC)
b. Municipality – 2.5M

2). Population requirement –

a. Province – 250K
b. City – 150K; 200k for highly urbanized cities
c. Municipality – 25K
d. Barangay – 2K, But 5K in: Metro Manila & Highly urbanized cities

3) Land Area requirement –

a. Province – 2,000 sq.km (Sec.461 R.A. 7160)
b. City – 100 sq. km (Sec.450 R.A. 7160)
c. Municipality – 50 sq. km (Sec.442 R.A. 7160)

4. Plebiscite requirement – must be approved by majority of the

votes cast in a plebiscite called for such purpose in the political unit or
units directly affected.

Cases:

- Navarro vs. Executive Secretary, G.R. No. 180050, September 11,

2012 (denial of MR); (April 12, 2011 – Resolution)

- Umali vs. Comelec, G.R. Nos. 203974/204371, April 22, 2014

40
 10/28/2019

When may an LGU be abolished?

When its income, population or land area has been
irreversibly reduced to less than the minimum standards
prescribed for its creation, as certified by the national agencies
mentioned. (Sec. 9, R.A. 7160)
Who may abolish a LGU?
1. Congress – in case of provinces, city, municipality, or any
other political subdivision.
2. Sangguniang Panlalawigan or Sangguniang
Panglungsod – in case of a barangay, except in Metropolitan
Manila area and in cultural communities. (Sec.9 R.A. 7160)

Taxing power
Three main sources of revenues of local government units
1. Taxes, fees, and charges. (Sec. 5, Art. X, 1987
Constitution)
2. Share in the national taxes Sec. 6, Art. X, 1987
Constitution)
3. Share in the proceeds of the utilizations & dev’t of
national wealth w/in their areas (Sec. 7, Art. X, Const)

41
 10/28/2019

Cases:
- Demaala vs COA, G.R. No. 199752, February 17, 2015
The Taxing Powers Of Local Government Units Must Be Resolved
In Favor Of Their Local Fiscal Autonomy…
Pimentel, jr. vs Aguirre, GR 132988, July 19, 2000
- IRA should be automatically & regularly released to LGU. The
President has no power to withhold it pending the assessment on the
emerging fiscal situation in the country.

- City Govt of Quezon City, et al vs Bayan Com., GR 162015,

March 6, 2006
- LGU’s may not revoke tax exemptions granted by Congress.
- Republic vs City of Parañaque, G.R. No. 191109, July 18, 2012
When Local Governments Invoke The Power To Tax On National
Government Instrumentalities, Such Power Is Construed Strictly Against
Local Governments…

Mandanas vs Executive Secretary, G.R. No. 199802, July 03, 2018

The “just share” of local government units (LGUs), also known
as Internal Revenue Allotment (IRA), must be computed based on
all national taxes, and not just from national internal revenue taxes.

42
 10/28/2019

Determination of the legality or propriety of a local tax ordinance

or revenue measure
It is the Secretary of Justice who shall determine questions
on the legality and constitutionality of ordinances or revenue
measures. Such questions shall be raised on appeal within thirty
(30) days from the effectivity thereof to the Secretary of Justice
who shall render a decision within sixty (60) days from the date of
receipt of the appeal: Provided, however, That such appeal shall
not have the effect of suspending the effectivity of the ordinance
and the accrual and payment of the tax, fee, or charge levied
therein: Provided, finally, That within thirty (30) days after receipt of
the decision or the lapse of the sixty‐day period without the
Secretary of Justice acting upon the appeal, the aggrieved party
may file appropriate proceedings with a court of competent
jurisdiction (RTC). (Sec. 187 R.A. 7160)

Legislative power
- Presiding Officer shall vote only to break a tie. (Sec. 49(a)
R.A. 7160)
- In case of absence of a regular presiding officer,
members present and constituting a quorum shall elect from
among themselves a temporary presiding officer.

Requisites of a valid Ordinance

1. Must not Contravene the constitution and any statute
2. Must not be Unfair or oppressive
3. Must not be Partial or discriminatory
4. Must not Prohibit, but may regulate trade
5. Must not be Unreasonable
6. Must be General in application and Consistent with
public policy. (Magtajas vs. Pryce Properties Corporation, Inc,
G.R. No. 111097 July 20, 1994

43
 10/28/2019

Note:
Local Chief Executive may veto the ordinance only once
on the ground that the ordinance is ultra vires and prejudicial to
public welfare. The veto must be communicated to the
sanggunian within:
a. 15 days = province
b. 10 days = city or municipality
Note: Punong Barangay has no veto power.

Review of Ordinances
- Component cities/municipalities – S.P
- Brgys. - City/Municipality

Period: W/in 30 days upon receipt

Ground: Either within or beyond the power of the Sanggunian to
enact

Local initiative and referendum

Limitations on local initiative
1. It shall not be exercised for more than once a year.
2. It shall extend only to subjects or matters which are within
the legal powers of the sanggunian to enact. (Sec. 124 R.A. 7160)

44
 10/28/2019

Succession of elective officials

Vacancy
- Permanent
- Temporary
Permanent vacancy arises when elective local official:
1. Fills a higher vacant office
2. Refuses to assume office
3. Fails to qualify
4. Dies
5. Removed from office
6. Voluntarily resigns
7. Permanently incapacitated to discharge the functions of his office
(Sec. 44, LGC)
Two ways of filling the vacancy
1. Automatic succession
2. By appointment (Sec. 45, LGC)

Rules in case of temporary vacancies

1. In case of temporary vacancy of the post of the local
executive (leave of absence, travel abroad, suspension):
vice‐governor, vice mayor, highest ranking sangguniang barangay
shall automatically exercise the powers and perform the functions of
the local Chief Executive concerned.
Gen. Rule: No Power to Appoint, suspend or dismiss employees
Exception: If the period of temporary incapacity exceeds 30
working days.
2. If travelling within the country, outside his jurisdiction, for a
period not exceeding 3 days: he may designate in writing the
officer‐in‐charge. The OIC cannot exercise the power to appoint,
suspend or dismiss employee.
3. If without said authorization, the vice‐governor, vice‐mayor or
the highest ranking sangguniang barangay member shall assume the
powers on the 4th day of absence. (Sec. 46, LGC)

45
 10/28/2019

Cases:
Damasen vs Tumamao, G.R. No. 173165, February 17, 2010
The reason behind the right given to a political party to
nominate a replacement where a permanent vacancy occurs in the
Sanggunian is to maintain the party representation as willed by the
people in the election. The very first requirement of Sec. 45 (b) is that
the appointee must come from the political party as that of the
Sanggunian member who caused the vacancy.
Arlene Chua vs Comelec, GR No. 216607, April 5, 2016
The rule on succession under Section 45, however, would not
apply if the permanent vacancy was caused by one whose certificate
of candidacy was void ab initio.
In cases of vacancies caused by those with void ab initio
certificates of candidacy, the person legally entitled to the vacant
position would be the candidate who garnered the next highest
number of votes among those eligible.

Power to remove elective local officials

Pertinent legal provisions and cases decided by this Court
firmly establish that the Sangguniang Bayan is not empowered to
do so. Section 60 of the Local Government Code conferred
upon the courts the power to remove elective local officials from
office. - Sangguniang Barangay of Don Mariano Marcos vs.
Martinez, G.R. No. 170626, March 3, 2008

- Ombudsman has the power to remove erring local

elective official. - Ombudsman vs Rodriguez, G.R. No. 172700,
July 23, 2010,

46
 10/28/2019

Recall - It is a mode of removal of a local elective official by the

people before the end of his term.
What is the ground for recall
The only ground for recall of local government officials is loss of
confidence.

Note: “loss of confidence” as a ground for recall is a political question,

not subject to judicial inquiry. (Evardone v. COMELEC, G.R. No. 94010
Dec. 2, 1991).
Limitations on recall
1. Any elective local official may be subject of a recall election
only once during his term of office for loss of confidence; and
2. No recall shall take place within one year from the date of the
official’s assumption to office or one year immediately preceding a
regular election. (Sec. 74, LGC)
3. The elective local official sought to be recalled shall not be
allowed to resign while the recall process is in progress. (Sec. 73, LGC)

RA 9244, Feb. 19, 2004: Percentage Requirements

a. At least twenty-five percent (25%) in the case of local
government units with a voting population of not more than twenty
thousand (20,000);
b. At least twenty percent (20%) in the case of local government
units with a voting population of at least twenty thousand (20,000) but
not more than seventy-five thousand (75,000): Provided, That in no case
shall the required petitioners be less than five thousand (5,000);
c. At least fifteen percent (15%) in the case of local government
units with a voting population of at least seventy-five thousand (75,000)
but not more than three hundred thousand (300,000): Provided,
however, That in no case shall the required number of petitioners be less
than fifteen thousand (15,000); and
d. At least ten percent (10%) in the case of local government
units with a voting population of over three hundred thousand
(300,000): Provided, however, That in no case shall the required
petitioners be less than forty-five thousand (45,000).

47
 10/28/2019

Term limits
1. Borja vs Comelec, GR 133495, Sept 3, 1998
2. Montebon, et al vs Comelec, G.R. No. 180444, April 8, 2008
3. Rivera vs comelec, GR167591, May 9, 2007
4. Dizon v. Comelec, GR 182088, Jan 30 2009
5. Latasa v. Comelec (GR 154829, Dec. 10, 2003)
6. Abundo vs Comelec, G.R. No. 201716, January 08, 2013
7. Socrates v. Comelec GR154512, 12 Nov 2002
8. Aldovino, Jr. v. Commission on Elections, GR. 184836, Dec.
23, 2009

PUBLIC INTERNATIONAL LAW

48
 10/28/2019

Fundamental principles in Public International law

- obligations owed by states towards the

community of states as a whole

- all states have a legal interest in its

compliance, thus, every state can invoke
responsibility for breach of such obligation.

Examples:
(a) outlawing acts of aggression;
(b) outlawing of genocide;
(c) upholding basic human rights,
including protection from slavery and
racial discrimination.

Fundamental principles in Public International law

- Norms that command peremptory

(unconditional) authority, superseding
conflicting treaties and customs;

- - Mandatory, and DO NOT ADMIT

DEROGATION, and can be modified
only by general international norms of
equivalent authority. (Romulo vs Vinuya,
GR 162230, April 28, 2010)

49
 10/28/2019

Fundamental principles in Public International law

Elements of Jus Cogens

i) a norm accepted and
recognized by
ii) the international
community of states as a whole
iii) no derogation is permitted
iv) which can only be
modified by a subsequent norm
having the SAME CHARACTER.

Note: If a treaty, at the time of its

conclusion, conflicts with jus
cogens, it is void.

Theory of Monism vs Dualism

Monism
Have a unitary concept of law and
see all laws (both international and
municipal) as an integral part of the
same system.
Dualism
Domestic and international law are
INDEPENDENT of each other, as they
regulate different subject matters.
International law regulates the relations
of sovereign states, while municipal law
regulates internal affairs of a state.

No conflict can ever arise because the

If conflict exists between two system are MUTUALLY EXCLUSIVE. If
international law and municipal law, international law is applied within a
international law must prevail. state, it is only because it has been
expressly incorporated by municipal
law.

50
 10/28/2019

Note:
- The Philippines is a dualist state.

Fitzmaurice Compromise
In case of conflict between International law and
municipal law, the first rule is to reconcile the incongruity to avoid
any contrariety. if the clash is inevitable, apply the Lex Fori rule:
- If the forum is the local tribunal, the primacy of municipal
law, especially if the latter is more recent, must prevail; and
- if the forum is an international tribunal/body, the
supremacy of international law principle is to be upheld.

Doctrine of Incorporation - rules of international law forms part of

the laws of the land and no further legislative action is needed to
make such rules applicable in the domestic sphere.
- Kuroda vs. Jalandoni, 83 Phil 171
- Razon vs. Tagitis (GR No. 182498, December 3, 2009)
Note: R.A. 10353 - Anti-Enforced or Involuntary Disappearance Act of
2012 - Approved: DEC 21 2012 (IRR drafted on 12 Feb. 2013)

Doctrine of Transformation - the doctrine holds that international

laws are not per se binding upon the state but must first be
embodied in legislation and so transformed into municipal law.
- Sec. 21, Art VII

51
 10/28/2019

Effect of Change of Sovereignty:

- Political laws of the old sovereign is automatically
abrogated;
- municipal/civil laws still effective, unless abrogated by the
new sovereign
- Macariola vs. Asuncion, A.M. No. 133-J May 31, 1982

Beligerency - exists when the inhabitants of a State rise up in arms

for the purpose of overthrowing the legitimate government or
when there is a state of war between two states.

Requisites in recognizing Belligerency

1. There must be an Organized civil government directing the
rebel forces;
2. The rebels must occupy a substantial portion of the Territory of
the state;
3. The conflict between the legitimate government and the
rebels must be Serious, making the outcome uncertain;
4. The rebels must be willing and able to observe the laws of War.

52
 10/28/2019

Beligerency Insurgency

More serious and widespread; Initial stages of war; rebel

presupposes the existence of war movement; usually not recognized
bet. 2 states (1st sense) or actual
civil war w/in a single state (2nd
sense)

Governed by the rules on Sanctions to insurgency are

international law as the governed by municipal law (RPC)
belligerents may be given
international personality

Diplomatic immunity may

be waived, expressly or
impliedly

Who may validly waive diplomatic immunity?

53
 10/28/2019

Exceptions to the privileges & immunities of diplomatic representatives

1. Any real action relating to private immovable situated in the

territory of the receiving state, unless the envoy holds the property on
behalf of the sending state;
2) Action relating to succession, where the diplomatic agent is
involved as executor, administrator, heir or legatee as a private person
and not on behalf of the sending state;
3) Action relating to any professional or commercial activity
exercised by the diplomatic agent in the receiving state outside of his
official functions.

Treaty
- International Agreement;
- Concluded between states;
- Embodied in one or more instrument;
- And is governed by international law.
(Art. 2, Vienna Convention on the Law of
Treaties)

Types of treaties or international

conventions
1. Contract treaty (Traite contract)
2. Law making treaty (Traite loi) –
concluded by by a large number of
States for purposes of:
a) Declaring, confirming, or defining
their understanding of what the law is on
a particular subject;
b) Stipulating or laying down new
general rules for future international
conduct; and
c) Creating new international
institutions.

54
 10/28/2019

Pacta Sunt Servanda - parties to a treaty

must comply with their treaty obligation in
good faith. A treaty engagement is not a
mere moral obligation but creates a legally
binding obligation on the parties.

Note: - a state can avoid performance of

obligation under the treaty if the treaty
collides with its Constitution, but it cannot
ESCAPE LIABILITY that it may incur as a result
of such non-performance.

Rebus sic stantibus - A

FUNDAMENTAL CHANGE of
circumstance may be a ground for a
treaty to be suspended or
terminated. but the change or
transformation must be radical and
must not have been caused by the
party invoking the doctrine. (Note:
exception to pacta sunt servanda)

Steps in Treaty Making

1. Negotiation - [Akbayan v. Aquino, GR 170516, July 16, 200]
2. Signature - (The signature does not signify the final consent of
the state to the treaty. It is the ratification that binds the state to the
provisions thereof.)
3. Ratification - the act by which the provisions of a treaty are
formally confirmed and approved by a State.
(Note: By ratifying a treaty signed in its behalf, a state expresses
its willingness to be bound by the provisions of such treaty)
4. Exchange of Instruments of ratification
5. Registration & publication with UN (although this step is not
essential to the validity of the agreement as between the parties.)

55
 10/28/2019

Case:
Pimentel vs. Executive Secretary, GR No. 158088, July 6, 2005 - it is
within the power of the President to refuse to submit a treaty to the
Senate or refuse to ratify it. The Senate's role is LIMITED only to GIVING
OR WITHOLDING its CONCURRENCE to the ratification. The Senate
cannot, by mandamus, compel the executive to transmit a treaty for
concurrence.

There is no legal obligation to ratify a treaty, but it goes without saying

that the refusal must be based on substantial grounds and not on
superficial or whimsical reasons. Otherwise, the other state would be
justified in taking offense

Vienna Convention on the Law of Treaties

The Vienna Convention on the Law of Treaties enjoining the
states to refrain from acts which would defeat the object and purpose
of a treaty when they have signed the treaty prior to ratification unless
they have made their intention clear not to become parties to the
treaty

Reservation - a unilateral statement made by a state, when signing,

ratifying, accepting, approving or acceding to a treaty, whereby it
intends or purports to EXCLUDE or modify the legal effect of certain
provisions of the treaty in their application to that state.

It cannot be made in instances:

a) the treaty provides that no reservation shall be admissible;

b) the treaty allows only specified reservation, which do not
include the reservation in question;
c) the reservation is incompatible with the object & purpose of
the treaty.

56
 10/28/2019

In case of conflict between a treaty and a custom, which shall prevail?

(LATTER OCCURENCE PREVAILS), - the treaty, if it comes after a
particular custom, OR vise versa

Treaty distinguished from executive agreement

T - involves basic political issues, changes in national policy and are
more permanent in nature; concurrence of senate is required (under
Phil. Constitution)

EA - Adjustments of details in carrying out well established national

policies and are merely temporary arrangements; no need of senate
concurrence

Extradition - the right of a state, pursuant to a treaty, to demand the surrender of a

person within the territory of another state, and the correlative duty of the latter to
surrender the same.

Distinguished from deportation - unilateral act of the state, based on cause/s

arising in the local state.

Kinds of Extradition
Specialty Rule - extraditable crimes are listed in the extradition treaty
Dual criminality rule - extraditable crimes are those punished by both state
parties to the treaty.

Fundamental principles in extradition

1) must be established pursuant to a treaty;
2) any person may be extradited, need not be a citizen of the requesting state;
3) Political and religious offenses are not extraditable;
4) the offense must have been committed within the territory of the requesting
state or against its interest

Note: The assassination of the head of state or any member of his family is not regarded
as political offense for purpose of extradition. it also applies for the crime of genocide.
This is known as the "Attentant Clause"

57
 10/28/2019

Cases:

- Gov’t of Hong Kong Special Adm. Region v. Olalia Jr., G.R 153675,
Apr. 19, 2007

HUMAN RIGHTS VS INTERNATIONAL HUMANITARIAN LAW

Human Rights Law (IHL) International Humanitarian Law

- Protects the individual at all times in war
and peace alike.
- Some human rights treaties permit
governments to derogate from certain
rights in situations of public emergency.
- Applies in situations of armed conflict.
- No derogations are permitted under IHL
because it was conceived for emergency
situations, namely armed conflict.

- Tailored primarily for peacetime, and
applies to everyone. Their principal goal is
to protect individuals from arbitrary
behavior by their own governments. Human
rights law does not deal with the conduct of
hostilities.
- Aims to protect people who do not or are
no longer taking part in hostilities. The rules
embodied in IHL impose duties on all parties
to a conflict.

- States are bound by human rights law to - Humanitarian law obliges States to take
accord national law with international practical and legal measures, such as
obligations. enacting penal legislation and
disseminating IHL.

58
 10/28/2019

The United Nations - established on 24 October 1945.

- Intergovernmental organization tasked
to promote international co-operation and
to create and maintain international
order.
- Objectives include:
- maintaining international peace
and security
- promoting human rights,
- fostering social and economic
development,
- protecting the environment, and
- providing humanitarian aid in
cases of famine, natural disaster, and
armed conflict.

U.N. Principal organs:

1) General Assembly;
2) Security Council;
3) Economic and Social Council;
4) The Secretariat;
5) The International Court of Justice;
6) U.N. Trusteeship Council (inactive since 1994);

U.N. System Agencies include:

1) World Bank Group;
2) World Health Organization;
3) World Food Programme;
4) UNESCO;
5) UNICEF

Members of Security Council - 15 members (5 permanent /10 non-

permanent)
Permanent members – China, France, Russia, UK, USA
Non-permanent members are elected by the General Assembly for a
term of 2 years

59
 10/28/2019

International Court of Justice

- (ICJ) is the principal judicial

organ of the United Nations (UN);
- established in June 1945 by the
Charter of the United Nations;
Function
- to settle, in accordance with
international law, legal disputes
submitted to it by States;
- to give advisory opinions on
legal questions referred to it by
authorized United Nations organs
and specialized agencies.

Note: States are not authorized to request for advisory opinion from the
ICJ, but they may be entitled to appear before the Court and present
written or oral statements on the questions.

Note: The doctrine of Stare decisis does not apply in decisions of ICJ –
The decision of the Court (ICJ) has no binding force except between
the parties and in respect of that particular case.”

- If the parties agree, they may also grant the court the liberty to
decide ex aequo et bono ("in justice and fairness"), granting the ICJ the
freedom to make an equitable decision based on what is fair under the
circumstances.

60
 10/28/2019

Article 33 UN Charter lists the following methods for the pacific

settlement of disputes between States:
1) negotiation;
2) enquiry; (ascertainment of pertinent fact & issue in a dispute;
fact-finding)
3) mediation;
4) conciliation; (a combination of mediation and inquiry)
5) arbitration;
6) judicial settlement;
7) resort to regional agencies or arrangements;
8) other peaceful means (such as tender of good office)

International Criminal Court

- World’s first permanent
international judicial body;

- Purpose is to provide redress to

victims if the state is unable or
unwilling to do so;

- Jurisdiction covers the crime of:

- genocide,
- crimes against humanity,
- war crimes and
- crime of aggression as defined in
the Statute;

61
 10/28/2019

Note:
- Jurisdiction is non-retroactive; (Rome statute took effect on July
1, 2002)
- Exercises jurisdiction only when state is unable or unwilling to act
and refer to ICC; or UN Security Council refers it (ICC) to act. (Principle
of Complementarity)

- ICC cannot hear a case when a state has decided to act

- Art. 20 of ICC statute allows the ICC to prosecute a person for a

crime referred to in the statute, even after being tried for the same act
in a national court.

Law of the Sea

International Law of the Sea - Body of treaty rules and customary
norms governing the uses of the sea, the exploration of its resources, and
the exercise of jurisdiction over maritime regimes.
United Nations Convention on the Law of the Sea (UNCLOS)- defines
the rights and obligations of nations in their use of the world's oceans,
establishing rules for business, the environment and the management of
marine natural resources.
1. Baselines
2. Archipelagic states
a) Straight archipelagic baselines
b) Archipelagic waters
c) Archipelagic sea lanes passage
3. Internal waters
4. Territorial sea
5. Exclusive economic zone
6. Continental shelf
a) Extended continental shelf
7. International Tribunal for the Law of the Sea

62
 10/28/2019

Distinguish the right of innocent passage in territorial sea from the

archipelagic sea lanes passage in Archipelagic Waters insofar as the
transit of submarines is concerned.
ANSWER:
Right of innocent passage in territorial sea requires submarines to
navigate on the surface and show its flag, whereas, in archipelagic sea
lanes passage, it is allowed to navigate under normal mode which is
possible that it pass underwater (Art, 20 & Art. 53 (3), UNCLOS);

Note: The right of innocent passage can be suspended whenever it is

essential for the protection of the security of the archipelagic state,
whereas, the right of archipelagic sea lanes passage is a non-suspendable
right. (Constance Johnson, A Right of Passage: the IMO Consideration of
the Indonesian Archipelagic Sea Lanes Submission, The International
Journal Of Marine and Coastal Law, Vol. 15 No. 3 2000 at p. 319)

International Environment Law

Principle 21 of the Stockholm Declaration
- States have the sovereign right to exploit their own resources
pursuant to their own environmental policies, and the responsibility to
ensure that activities within their jurisdiction or control do not cause
damage to the environment of other states or of areas beyond the limits
of national jurisdiction.
Precautionary Principle
- This principle is expressed in the Rio Declaration, which stipulates
that, where there are “threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.”
Polluter Pays Principle
- The purpose of many environmental regulations is to force
polluters to bear the real costs of their pollution, though such costs often
are difficult to calculate precisely.

63
10/28/2019

64
 10/28/2019

Thank You and Good luck!

65